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First Session, Thirty-eighth Parliament, 53-54 Elizabeth II, 2004-2005 STATUTES OF CANADA 2005 CHAPTER 7 An Act to amend the Federal-Provincial Fiscal Arrangements Act and to make consequential amendments to other Acts (fiscal equalization payments to the provinces and funding to the territories) ASSENTED TO 10th MARCH, 2005 BILL C-24 RECOMMENDATION Her Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled “An Act to amend the Federal-Provincial Fiscal Arrangements Act and to make consequential amendments to other Acts (fiscal equalization payments to the provinces and funding to the territories)”. SUMMARY This enactment amends the Federal-Provincial Fiscal Arrangements Act to authorize the Minister of Finance to make fiscal equalization payments to the provinces for the fiscal years beginning after March 31, 2004 and to change the manner in which those payments will be calculated. It also authorizes the Minister to pay, under a new legislative regime, grants to the territories for the fiscal years between April 1, 2001 and March 31, 2005 and territorial formula financing payments for subsequent fiscal years. Finally, this enactment also makes consequential amendments to that Act and to other Acts. All parliamentary publications are available on the Parliamentary Internet Parlementaire at the following address: http://www.parl.gc.ca 53-54 ELIZABETH II —————— CHAPTER 7 An Act to amend the Federal-Provincial Fiscal Arrangements Act and to make consequential amendments to other Acts (fiscal equalization payments to the provinces and funding to the territories) [Assented to 10th March, 2005] Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: R.S., c. F-8; 1995, c. 17, s. 45(1) FEDERAL-PROVINCIAL FISCAL ARRANGEMENTS ACT 1994, c. 2, s. 2(3); 1999, c. 11, s. 2; 2001, c. 19, s. 1; 2003, c. 15, s. 3; 2004, c. 22, ss. 2 to 4 1. (1) Sections 3 to 4.3 of the FederalProvincial Fiscal Arrangements Act are replaced by the following: Fiscal equalization payment 3. Subject to the provisions of this Act, the Minister may pay to a province for each fiscal year that begins after March 31, 2004 a fiscal equalization payment not exceeding the amounts set out in this Part. Fiscal equalization payment for fiscal year 2004-2005 4. (1) The fiscal equalization payment that may be paid to a province for the fiscal year beginning on April 1, 2004 is the amount computed in accordance with section 4 of this Act as it read on May 13, 2004 and subsection (4). C. 7 Additional payment for fiscal year 2004-2005 (2) The Minister may pay to a province an additional fiscal equalization payment for the fiscal year beginning on April 1, 2004 in the amount determined by the formula Federal-Provincial F (F - L) x (K/L) where F is $10 billion; K is the amount of the fiscal equalization payment to the province under subsection (1); and L is the aggregate of the fiscal equalization payments to all provinces under subsection (1). Additional payment for fiscal year 2004-2005 (3) The Minister may pay to a province an additional fiscal equalization payment for the fiscal year beginning on April 1, 2004 equal to the amount by which (a) the aggregate of the fiscal equalization payments to the province for the fiscal years in the period beginning on April 1, 2001 and ending on March 31, 2005 that were set out in the Minister’s interim estimate in February 2004 exceeds (b) the aggregate of (i) the fiscal equalization payments, as finally computed in accordance with subsection (4), payable to the province for the fiscal years in the period beginning on April 1, 2002 and ending on March 31, 2004, (ii) the fiscal equalization payment payable to the province for the fiscal year beginning on April 1, 2001, (iii) the fiscal equalization payment referred to in subsection (1), and (iv) the additional fiscal equalization payment referred to in subsection (2). Final computation (4) Notwithstanding section 8 and subsections 9(1) to (5) of the Federal-Provincial Fiscal Arrangements Regulations, 1999, the estimate that was made by the Minister on October 12, 2004 of a fiscal equalization 2004-2005 Arrangements fiscaux entre le gou payment payable to a province for each of the fiscal years in the period beginning on April 1, 2002 and ending on March 31, 2005 constitutes the final computation of the fiscal equalization payment payable to the province for each of those fiscal years. Time and manner of payment (5) The Minister may pay the amounts referred to in subsections (2) and (3) out of the Consolidated Revenue Fund at the times and in the manner that the Minister considers appropriate. Fiscal equalization payments 4.1 (1) The fiscal equalization payments to the provinces (a) for the fiscal year beginning on April 1, 2005, shall equal $10.9 billion; (b) for the fiscal year beginning on April 1, 2006, shall equal the product obtained by multiplying $10.9 billion by 1.035; and (c) for each subsequent fiscal year, shall equal the product obtained by multiplying the fiscal equalization payment for the immediately preceding fiscal year by 1.035. Provincial allocation for fiscal year 2005-2006 (2) The fiscal equalization payment referred to in paragraph (1)(a) shall be allocated to the provinces as follows: (a) to Quebec, $4,798,070,000; (b) to Nova Scotia, $1,343,527,000; (c) to New Brunswick, $1,347,993,000; (d) to Manitoba, $1,601,018,000; (e) to British Columbia, $589,698,000; (f) to Prince Edward Island, $276,563,000; (g) to Saskatchewan, $82,172,000; and (h) to Newfoundland and Labrador, $860,959,000. Provincial allocation for subsequent fiscal years (3) The fiscal equalization payments referred to in paragraphs (1)(b) and (c) shall be allocated to each province in the same proportion as the fiscal equalization payment referred to in paragraph (1)(a) is allocated under subsection (2). Time and manner of payment (4) The Minister shall pay the fiscal equalization payment to the province in equal monthly instalments on the first and third C. 7 Federal-Provincial F working days after the 15th day of each month during the relevant fiscal year. For the purpose of this subsection, “working day” includes any day that is not a Saturday or a holiday. Payment for fiscal year 2004-2005 4.2 (1) The Minister may, on the request of a province made in the prescribed manner on or before March 10, 2005, make a payment to the province for the fiscal year beginning on April 1, 2004 in an amount not greater than the amount by which (a) the estimate, calculated by October 12, 2004, of the fiscal equalization payment referred to in subsection 4(1) for the province for the fiscal year beginning on April 1, 2004 is less than (b) the estimate, calculated by October 12, 2004, of the average of the fiscal equalization payments for the province for the fiscal years in the period beginning on April 1, 1999 and ending on March 31, 2003. Deductions (2) Where a province has received a payment under subsection (1), the Minister shall, in the prescribed amounts, reduce the fiscal equalization payments to the province for the fiscal years in the period beginning on April 1, 2006 and ending on March 31, 2016. If, on March 31, 2016, the total amount of that payment has not been recovered, the Minister may recover the amount remaining as a debt due to Her Majesty in right of Canada out of any sum of money that may be due or payable by Her Majesty in right of Canada to the province pursuant to this Act or any other Act of Parliament. Additional payment in fiscal year 2004-2005 4.3 Notwithstanding subsections 4(1) to (3), the Minister may make an additional fiscal equalization payment in the fiscal year beginning on April 1, 2004 (a) to Quebec, in the amount of $69,640,666.74; (b) to Nova Scotia, in the amount of $8,674,951.83; (c) to New Brunswick, in the amount of $6,951,991.15; (d) to Manitoba, in the amount of $10,813,779.78; 2004-2005 Arrangements fiscaux entre le gou (e) to British Columbia, in the amount of $38,634,050.87; (f) to Prince Edward Island, in the amount of $1,280,669.01; (g) to Saskatchewan, in the amount of $9,196,695.51; and (h) to Newfoundland and Labrador, in the amount of $4,807,195.11. PART I.1 TERRITORIAL FINANCING Payments to territories 4.4 Subject to the provisions of this Part, the Minister may pay to a territory (a) for each fiscal year in the period beginning on April 1, 2001 and ending on March 31, 2005, a Formula Financing Grant and a Supplemental Formula Financing Grant not exceeding the amounts calculated in accordance with sections 4.7 to 4.9; and (b) for each fiscal year that begins after March 31, 2005, a territorial formula financing payment not exceeding the amount calculated in accordance with section 4.92. FORMULA FINANCING GRANT Definition of “Agreement” 4.5 (1) In this section and in sections 4.6 to 4.9, “Agreement” means (a) in the case of Yukon, the Territorial Formula Financing Agreement made with the Government of Yukon in 1999, as extended to 2004-2005; (b) in the case of the Northwest Territories, the Territorial Formula Financing Agreement made with the Government of the Northwest Territories in 1998, as extended to 20042005; and (c) in the case of Nunavut, the Territorial Formula Financing Agreement made with the Government of Nunavut in 1998, as extended to 2004-2005. Terms defined in Agreement (2) In sections 4.6 to 4.9, the definitions in the Agreement apply. C. 7 Final calculation 4.6 (1) Notwithstanding any provisions in the Agreement requiring the revision of estimates and payments of Formula Financing Grants, the amount of the Minister’s final calculation of the aggregate of the Formula Financing Grants payable to a territory under the Agreement for the fiscal years in the period beginning on April 1, 2001 and ending on March 31, 2004 shall be equal to the Formula Grant Estimate made between February 12 and March 31, 2005 in accordance with the Agreement. Information (2) The Minister shall make the final calculation of the aggregate of the Formula Financing Grants on the basis of the most recent information provided by Statistics Canada or any other source to the Minister in relation to the matters set out in the Agreement. Adjustment to fiscal years 2001-2002 to 2003-2004 4.7 For the fiscal years in the period beginning on April 1, 2001 and ending on March 31, 2004, the Minister may adjust a territory’s Formula Financing Grant in accordance with the Annex to the Agreement entitled “Schedule and Amounts of Payments and Adjustments”, using the final calculation determined in accordance with section 4.6. Basic Formula Financing Grant for fiscal year 2004-2005 4.8 (1) Subject to subsection (2), for the fiscal year beginning on April 1, 2004, the Minister may pay a Formula Financing Grant Federal-Provincial F ( a ) t o Yu k o n , i n t h e a m o u n t o f $465,707,930; (b) to the Northwest Territories, in the amount of $678,442,202; and (c) to Nunavut, in the amount of $755,849,868. Reduction (2) The amount referred to in subsection (1) in respect of a territory shall be reduced by the amount of the Formula Financing Grant paid to the territory for the fiscal year beginning on April 1, 2004 pursuant to (a) item 15 for the Department of Finance set forth in the Main Estimates for that fiscal year, as laid before the House of Commons during the thirty-seventh Parliament and as enacted by paragraph (2)(a) of Appropriation Act No. 1, 2004-2005, chapter 8 of the Statutes of Canada, 2004; and 2004-2005 Arrangements fiscaux entre le gou (b) any item for the Department of Finance set forth in the supplementary estimates for that fiscal year, as laid before the House of Commons during the thirty-eighth Parliament and as enacted by any other appropriation Act. Supplemental Formula Financing Grant 4.9 In addition to the Formula Financing Grant referred to in section 4.8, the Minister may pay to a territory a Supplemental Formula Financing Grant equal to the amount by which (a) the aggregate of (i) the Minister’s calculation of the aggregate of the amounts of the Formula Financing Grants for the territory for the fiscal years in the period beginning on April 1, 2001 and ending on March 31, 2004, as set out in the Formula Grant Estimate made between February 12 and March 31, 2004 in accordance with the Agreement, and (ii) the amount of the Grant Entitlement for the territory for the fiscal year beginning on April 1, 2004, as set out in Table A6.2 of the Budget Plan 2004 dated March 23, 2004, exceeds (b) the aggregate of (i) the Minister’s calculation of the aggregate of the amounts of the Formula Financing Grants for the territory for the fiscal years in the period beginning on April 1, 2001 and ending on March 31, 2004, as calculated in accordance with the Agreement using the final calculation determined in accordance with section 4.6, and (ii) the amount of the Formula Financing Grant referred to in subsection 4.8(1). Time and manner of payment 4.91 (1) Subject to subsection (2), the Minister may pay to a territory the amount of any underpayment determined pursuant to the adjustment under section 4.7, and the amounts payable under sections 4.8 and 4.9, out of the Consolidated Revenue Fund at the times and in the manner that the Minister considers appropriate. C. 7 Underpayment (2) Where it is determined in respect of a territory that the Minister has underpaid any amounts referred to in subsection (1), the Minister may pay the territory an amount equal to the underpayment out of the Consolidated Revenue Fund. Overpayment (3) Where it is determined pursuant to the adjustment under section 4.7 that the Minister has made an overpayment or where it is determined that an overpayment has been made in respect of any amounts paid under subsection (1) for a fiscal year, the Minister may recover the amount of that overpayment Federal-Provincial F (a) from any amount payable to the territory under this Act in the same fiscal year or as soon as possible after the end of that fiscal year; or (b) from the territory as a debt due to Her Majesty in right of Canada. TERRITORIAL FORMULA FINANCING PAYMENT Payment for fiscal year 2005-2006 4.92 (1) For the fiscal year beginning on April 1, 2005, the Minister may pay a territorial formula financing payment ( a ) t o Yu k o n , i n t h e a m o u n t o f $487,140,000; (b) to the Northwest Territories, in the amount of $714,030,000; and (c) to Nunavut, in the amount of $798,830,000. Payment for subsequent fiscal years (2) For each subsequent fiscal year, the amount of the territorial formula financing payments for all territories shall equal the product obtained by multiplying the aggregate of the territorial formula financing payments for all territories for the immediately preceding fiscal year by 1.035. Territorial allocation for subsequent fiscal years (3) The territorial formula financing payments referred to in subsection (2) shall be allocated to each territory in the same proportion as the territorial formula financing payments referred to in subsection (1) are allocated under that subsection. 2004-2005 Arrangements fiscaux entre le gou Time and manner of payment (4) In April and May of each fiscal year beginning after March 31, 2005, the Minister shall pay to a territory a monthly instalment of the territorial formula financing payment equal to 16 per cent of the territory’s allocation of the aggregate territorial formula financing payment for that fiscal year. In each of the remaining ten months of the fiscal year, the Minister shall pay to the territory a monthly instalment of the territorial formula financing payment equal to 6.8 per cent of the territory’s allocation of the aggregate territorial formula financing payment under this section. Regulations (5) The Governor in Council may make regulations to change the amount of the monthly instalments or the time at which they are paid. Payment out of C.R.F. 4.93 (1) Any amount payable under section 4.92 shall be paid by the Minister out of the Consolidated Revenue Fund. Underpayment (2) Where it is determined that the Minister has underpaid any amounts payable to a territory under section 4.92, the Minister may pay to the territory an amount equal to the underpayment out of the Consolidated Revenue Fund at the times and in the manner that the Minister considers appropriate. Overpayment (3) Where it is determined that the Minister has made an overpayment in respect of any amounts payable to a territory under section 4.92 for a fiscal year, the Minister may recover the amount of that overpayment (a) from any amount payable to the territory under this Act in the same fiscal year or as soon as possible after the end of that fiscal year; or (b) from the territory as a debt due to Her Majesty in right of Canada. Coming into force — subsections 4.1(3) and 4.92(3) (2) Subsections 4.1(3) and 4.92(3) of the Act, as enacted by subsection (1), come into force on a day or days to be fixed by order of the Governor in Council. 1999, c. 11, s. 3(1) 2. (1) Paragraph 6(1)(b) of the Act is replaced by the following: C. 7 Federal-Provincial F (b) the revenue subject to stabilization of the province for the fiscal year, adjusted in the prescribed manner to offset the amount, as determined by the Minister, of any change in the revenue subject to stabilization of the province for the fiscal year resulting from changes made by the province in the rates or in the structures of provincial taxes or other modes of raising the revenue of the province referred to in paragraphs (a) to (y) and (z.1) to (z.3) of the definition “revenue source” in subsection 4(2) of the former legislation, as revised or altered in accordance with section 5 of the Federal-Provincial Fiscal Arrangements Regulations, 1999, from the rates or structures in effect in the immediately preceding fiscal year. 1999, c. 11, s. 3(2) (2) Paragraph 6(2)(a) of the Act is replaced by the following: (a) the total revenues, as determined by the Minister, derived by the province for the fiscal year from the revenue sources described in the definition “revenue source” in subsection 4(2) of the former legislation, as revised or altered in accordance with section 5 of the Federal-Provincial Fiscal Arrangements Regulations, 1999, other than the revenue sources described in paragraphs (z) and (z.4) of that definition, and 1995, c. 17, s. 47(4) (3) Subsection 6(3) of the Act is replaced by the following: Revenue subject to stabilization (3) For the purpose of determining pursuant to subsection (2) the revenue subject to stabilization of a province for a fiscal year, subsection 4(4) of the former legislation applies, with such modifications as the circumstances require, in determining the revenue derived by the province for the fiscal year from personal income taxes, described in paragraph (a) of the definition “revenue source” in subsection 4(2) of the former legislation, as revised or altered in accordance with section 5 of the FederalProvincial Fiscal Arrangements Regulations, 1999, except that no deduction may be made in respect of the tax abatement units referred to in subsection 27(2). 2004-2005 Arrangements fiscaux entre le gou R.S., c. 11 (3rd Supp.), s. 5(4) (4) The portion of subsection 6(4) of the Act before paragraph (a) is replaced by the following: Revenues of a province (4) For the purposes of subsection (2), the revenue of a province for a fiscal year derived from the revenue source referred to in paragraph (a) of the definition “revenue source” in subsection 4(2) of the former legislation, as revised or altered in accordance with section 5 of the Federal-Provincial Fiscal Arrangements Regulations, 1999, shall be deemed to be R.S., c. 11 (3rd Supp.), s. 5(4) (5) The portion of subsection 6(5) of the Act before paragraph (a) is replaced by the following: Revenues of the province (5) For the purposes of subsection (2), the revenue of a province for a fiscal year derived from that part of the revenue source described in paragraph (b) of the definition “revenue source” in subsection 4(2) of the former legislation, as revised or altered in accordance with section 5 of the Federal-Provincial Fiscal Arrangements Regulations, 1999, that consists of corporation income taxes, shall be deemed to be 1999, c. 11, s. 3(4) (6) Paragraph 6(6)(a) of the Act is replaced by the following: (a) the total revenues, as determined by the Minister, derived by the province for the immediately preceding fiscal year from the revenue sources described in paragraphs (l) to (w) of the definition “revenue source” in subsection 4(2) of the former legislation, as revised or altered in accordance with section 5 of the Federal-Provincial Fiscal Arrangements Regulations, 1999, and the part of the revenue source described in paragraph (z.5) of that definition that relates to natural resources (7) Section 6 of the Act is amended by adding the following after subsection (10): Definition of “former legislation” (11) In this section, “former legislation” means this Act as it read on May 13, 2004. C. 7 1995, c. 17, s. 49(2) 3. (1) Subparagraphs 16(1)(b)(i) and (ii) of the Act are replaced by the following: Federal-Provincial F (i) the equalization payment referred to in subsection (1.1) that would be payable to the province for the fiscal year, and (ii) the amount of equalization that would be paid to the province in respect of the federal income tax reduction in all the provinces in respect of the Canada Health and Social Transfer for the fiscal year, if the method of calculation of fiscal equalization payments as set out in Part I, excluding subsections 4(6) and (9) of this Act as it read on May 13, 2004, were to be applied to the value of the income tax reduction in all the provinces in respect of the Canada Health and Social Transfer for the fiscal year, except that (A) for the purposes of the calculation under this subparagraph the relevant revenue bases are to be determined in the prescribed manner, and (B) where subsection 4(6) or (9) of this Act as it read on May 13, 2004 applies in the determination of the fiscal equalization payment to the province for the fiscal year, the amount determined under this subparagraph is to be adjusted in the prescribed manner. (2) Section 16 of the Act is amended by adding the following after subsection (1): Equalization payment payable (1.1) For the purposes of subparagraph (1)(b)(i), for each fiscal year in the period beginning on April 1, 2001 and ending on March 31, 2004, the equalization payment shall be (a) in the case of a province that receives an additional fiscal equalization payment under subsection 4(3), the estimate that was made by the Minister on February 23, 2004 in respect of the fiscal year in accordance with section 8 of the Federal-Provincial Fiscal Arrangements Regulations, 1999; and 2004-2005 Arrangements fiscaux entre le gou (b) in the case of a province that does not receive an additional fiscal equalization payment under subsection 4(3), the final computation in respect of the fiscal year. Amount recoverable (1.2) Where the cash contribution in respect of the Canada Health and Social Transfer to a province for the fiscal year beginning on April 1, 2001 that was determined in accordance with the final computation made in September 2004 exceeds the cash contribution payable to the province under this Part for that fiscal year and calculated in accordance with subsection (1.1), the Minister may recover the amount of the excess from the province from any amount payable under this Act. Amount payable (1.3) Where the cash contribution in respect of the Canada Health and Social Transfer to a province for the fiscal year beginning on April 1, 2001 that was determined under this Part and calculated in accordance with subsection (1.1) exceeds the cash contribution payable to the province for that fiscal year that was determined in accordance with the final computation made in September 2004, the Minister may pay the excess amount to the province out of the Consolidated Revenue Fund at the time and in the manner that the Minister considers appropriate. 2003, c. 15, s. 8 4. (1) Subparagraphs 24.7(1)(b)(i) and (ii) of the Act are replaced by the following: (i) the equalization payment referred to in subsection (1.1) that would be payable to the province for the fiscal year, and (ii) the amount of equalization that would be paid to the province in respect of the federal income tax reduction in all the provinces in respect of the Canada Health Transfer and the Canada Social Transfer for the fiscal year, if the method of calculation of fiscal equalization payments as set out in Part I, excluding subsection 4(6) of this Act as it read on May 13, 2004, were to be applied to the value of the income tax reduction in all the provinces in respect of the Canada Health Transfer and the Canada Social Transfer for the fiscal year, except that C. 7 Federal-Provincial F (A) for the purposes of the calculation under this subparagraph, the relevant revenue bases are to be determined in the prescribed manner, and (B) where subsection 4(6) of this Act as it read on May 13, 2004 applies in the determination of the fiscal equalization payment to the province for the fiscal year, the amount determined under this subparagraph is to be adjusted in the prescribed manner. (2) Section 24.7 of the Act is amended by adding the following after subsection (1): Equalization payment payable (1.1) For the purposes of subparagraph (1)(b)(i), (a) for each fiscal year beginning after March 31, 2005, the equalization payment shall be the equalization payment that would be payable to the province for the fiscal year under Part I; and (b) for the fiscal year beginning on April 1, 2004, the equalization payment shall be (i) in the case of a province that receives an additional fiscal equalization payment under subsection 4(3), the estimate that was made by the Minister on February 23, 2004 in respect of the fiscal year in accordance with section 8 of the FederalProvincial Fiscal Arrangements Regulations, 1999, and (ii) in the case of a province that does not receive an additional fiscal equalization payment under subsection 4(3), the final computation in respect of the fiscal year. 1999, c. 11, s. 5 5. Paragraph 40(a) of the Act is repealed. 6. Section 41 of the Act is replaced by the following: Payment out of C.R.F. 41. The amounts authorized to be paid by Part I and by sections 5 and 9 shall be paid out of the Consolidated Revenue Fund at such times and in such manner as may be prescribed. 2004-2005 Arrangements fiscaux entre le gou CONSEQUENTIAL AMENDMENTS 2004, c. 8 APPROPRIATION ACT NO. 1, 2004-2005 7. (1) Section 4 of the Appropriation Act No. 1, 2004-2005 is amended by adding the following after subsection (2): Non-application (3) This section does not apply to the Formula Financing Grants for the fiscal year ending March 31, 2005 set out in item 15 for the Department of Finance in the Estimates referred to in section 2. Coming into force (2) Subsection (1) comes into force on a day to be fixed by order of the Governor in Council. 2004, c. 22 BUDGET IMPLEMENTATION ACT, 2004 8. (1) Subsections 8(1) to (3) of the Budget Implementation Act, 2004 are replaced by the following: Payment for fiscal year 2004-2005 8. (1) For the fiscal year beginning on April 1, 2004, the Minister of Finance may make a cash payment to the Province of Nova Scotia in an amount equal to the aggregate of twenty-one million dollars and an amount equal to 20 per cent of the Province’s offshore minerals revenue for that fiscal year included in the description set out in paragraph (z.5) of the definition “revenue source” in subsection 4(2) of the former legislation and subparagraph 5(1)(z.5)(ii) of the FederalProvincial Fiscal Arrangements Regulations, 1999. Payment for fiscal year 2005-2006 (2) For the fiscal year beginning on April 1, 2005, the Minister of Finance may make a cash payment to the Province of Nova Scotia in an amount equal to 10 per cent of the Province’s offshore minerals revenue for that fiscal year included in the description set out in paragraph (z.5) of the definition “revenue source” in subsection 4(2) of the former legislation and subparagraph 5(1)(z.5)(ii) of the Federal-Provincial Fiscal Arrangements Regulations, 1999. C. 7 Determination of offshore minerals revenue (3) The offshore minerals revenue of the Province of Nova Scotia for each of the fiscal years referred to in subsections (1) and (2) shall be determined by the Minister of Finance after the end of that fiscal year at the time of the final computation of the amount, if any, of the fiscal equalization payment that is payable to the Province for that fiscal year under Part I of the former legislation. Federal-Provincial F (2) Section 8 of the Act is amended by adding the following after subsection (4): Definition of “former legislation” (5) In subsections (1) to (3), “former legislation” means the Federal-Provincial Fiscal Arrangements Act as it read on May 13, 2004. Published under authority of the Speaker of the House of Commons Available from: Publishing and Depository Services PWGSC, Ottawa, ON K1A 0S5 Also available on the Parliamentary Intern Aussi disponible sur le réseau électronique « Parliam http://www Available from: Publishing and Depository Services PWGSC, Ottawa, ON K1A 0S5

First Session, Thirty-eighth Parliament, 53-54 Elizabeth II, 2004-2005 STATUTES OF CANADA 2005 CHAPTER 10 An Act to establish the Department of Public Safety and Emergency Preparedness and to amend or repeal certain Acts ASSENTED TO 23rd MARCH, 2005 BILL C-6 RECOMMENDATION Her Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled “An Act to establish the Department of Public Safety and Emergency Preparedness and to amend or repeal certain Acts”. SUMMARY This enactment establishes the Department of Public Safety and Emergency Preparedness. The Minister of Public Safety and Emergency Preparedness, who is appointed under the Great Seal, has the powers, duties and functions set out in the Act. The enactment also provides for the appointment of the Deputy Minister of Public Safety and Emergency Preparedness. All parliamentary publications are available on the Parliamentary Internet Parlementaire at the following address: http://www.parl.gc.ca TABLE OF PROVISIONS AN ACT TO ESTABLISH THE DEPARTMENT OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS AND TO AMEND OR REPEAL CERTAIN ACTS SHORT TITLE 1. Short title ESTABLISHMENT OF THE DEPARTMENT 2. Department established 3. Deputy head POWERS, DUTIES AND FUNCTIONS OF THE MINISTER 4. Powers, duties and functions 5. Portfolio coordination and leadership 6. Functions TRANSITIONAL PROVISIONS 7. Appointments 8. Transfer of powers, duties and functions CONSEQUENTIAL AMENDMENTS 9-10. Access to Information Act 11. Canadian Centre on Substance Abuse Act 12. Canadian Peacekeeping Service Medal Act 13. Canadian Security Intelligence Service Act 14. Citizenship Act 15-16. 17. 18-25. 26. 27-28. 29. Controlled Drugs and Substances Act Corrections and Conditional Release Act Criminal Code DNA Identification Act Financial Administration Act Firearms Act 30-31. Privacy Act 32-33. Public Sector Compensation Act 34. Terminology Changes i COORDINATING AMENDMENTS 35. International Transfer of Offenders Act 36. Public Service Modernization Act REPEAL 37. Department of the Solicitor General Act COMING INTO FORCE 38. Order in council 53-54 ELIZABETH II —————— CHAPTER 10 An Act to establish the Department of Public Safety and Emergency Preparedness and to amend or repeal certain Acts [Assented to 23rd March, 2005] Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: SHORT TITLE Short title 1. This Act may be cited as the Department of Public Safety and Emergency Preparedness Act. ESTABLISHMENT OF THE DEPARTMENT Department established 2. (1) There is established a department of the Government of Canada, called the Department of Public Safety and Emergency Preparedness, over which the Minister of Public Safety and Emergency Preparedness, appointed by commission under the Great Seal, presides. Minister (2) The Minister holds office during pleasure and has the management and direction of the Department. Deputy head 3. The Governor in Council may appoint a Deputy Minister of Public Safety and Emergency Preparedness to hold office during pleasure and to be the deputy head of the Department. POWERS, DUTIES AND FUNCTIONS OF THE MINISTER Powers, duties and functions 4. (1) The powers, duties and functions of the Minister extend to and include all matters over which Parliament has jurisdiction — and that have not been assigned by law to another C. 10 Department of Public Safety a department, board or agency of the Government of Canada — relating to public safety and emergency preparedness. National leadership (2) The Minister shall, at the national level, exercise leadership relating to public safety and emergency preparedness. Portfolio coordination and leadership 5. The Minister shall coordinate the activities of the entities for which the Minister is responsible, including the Royal Canadian Mounted Police, the Canadian Security Intelligence Service, the Canada Border Services Agency, the Canadian Firearms Centre, the Correctional Service of Canada and the National Parole Board, and establish strategic priorities for those entities relating to public safety and emergency preparedness. Functions 6. (1) In exercising his or her powers and in performing his or her duties and functions and with due regard to the powers conferred on the provinces and territories, the Minister may (a) initiate, recommend, coordinate, implement or promote policies, programs or projects relating to public safety and emergency preparedness; (b) cooperate with any province, foreign state, international organization or any other entity; (c) make grants or contributions; and (d) facilitate the sharing of information, where authorized, to promote public safety objectives. Committees (2) The Minister may establish advisory and other committees and provide for their membership, duties, functions and operation. Remuneration (3) Members of a committee shall be paid, in connection with their work for the committee, the remuneration that may be fixed by the Governor in Council. Travel, living and other expenses (4) Members of a committee are entitled to be reimbursed, in accordance with Treasury Board directives, the travel, living and other expenses incurred in connection with their work for the committee while absent, in the case of 2004-2005 Ministère de la Sécurité publi full-time members, from their ordinary place of work or, in the case of part-time members, from their ordinary place of residence. TRANSITIONAL PROVISIONS Appointments 7. (1) Any person who holds the office of Solicitor General of Canada or Deputy Solicitor General of Canada on the day on which this section comes into force is deemed to have been appointed under this Act as Minister of Public Safety and Emergency Preparedness or Deputy Minister of Public Safety and Emergency Preparedness respectively from and after that day. Employees (2) Nothing in this Act shall be construed as affecting the status of an employee who, immediately before the coming into force of this section, occupied a position in the Department of the Solicitor General, except that the employee, on the coming into force of this section, occupies that position in the Department of Public Safety and Emergency Preparedness. Meaning of “employee” (3) In subsection (2), “employee” has the same meaning as in subsection 2(1) of the Public Service Employment Act. Transfer of powers, duties and functions 8. (1) Any power, duty or function that, immediately before the coming into force of this section, was vested in or exercisable by the Solicitor General of Canada, the Deputy Solicitor General of Canada or any officer of the Department of the Solicitor General under any Act, order, rule or regulation, or any contract, lease, licence or other document, is, on the coming into force of this section, vested in and exercisable by the Minister of Public Safety and Emergency Preparedness, the Deputy Minister of Public Safety and Emergency Preparedness or the appropriate officer of the Department of Public Safety and Emergency Preparedness, as the case may be, unless the Governor in Council by order designates another Minister, Deputy Minister or officer of the public service of Canada to exercise that power, duty or function. C. 10 Transfer of appropriations (2) Any amount appropriated, for the fiscal year in which this section comes into force, by an appropriation Act based on the Estimates for that year for defraying the charges and expenses of the public service of Canada within the Department of the Solicitor General and that, on the day on which this section comes into force, is unexpended, is deemed, on that day, to be an amount appropriated for defraying the charges and expenses of the Department of Public Safety and Emergency Preparedness. Department of Public Safety a CONSEQUENTIAL AMENDMENTS R.S., c. A-1 ACCESS TO INFORMATION ACT 9. Schedule I to the Access to Information Act is amended by striking out the following under the heading “Departments and Ministries of State”: Department of the Solicitor General Ministère du Solliciteur général 10. Schedule I to the Act is amended by adding the following in alphabetical order under the heading “Departments and Ministries of State”: Department of Public Safety and Emergency Preparedness Ministère de la Sécurité publique et de la Protection civile R.S., c. 49 (4th Supp.) CANADIAN CENTRE ON SUBSTANCE ABUSE ACT 1996, c. 8, par. 33(a) 11. Section 15 of the Canadian Centre on Substance Abuse Act is replaced by the following: Attendance at meetings 15. The Deputy Minister of Health and the Deputy Minister of Public Safety and Emergency Preparedness, or a delegate of each of those Deputy Ministers, are entitled to receive notice of all meetings of the Board and any of its committees and to attend and take part in, but not to vote at, those meetings. 2004-2005 1997, c. 31 Ministère de la Sécurité publi CANADIAN PEACEKEEPING SERVICE MEDAL ACT 12. Subsection 7(2) of the Canadian Peacekeeping Service Medal Act is replaced by the following: Nomination by Minister of Public Safety and Emergency Preparedness R.S., c. C-23 (2) The Minister of Public Safety and Emergency Preparedness shall nominate for award of the Medal those persons who are qualified and who are members or former members of a Canadian police force. CANADIAN SECURITY INTELLIGENCE SERVICE ACT 13. The definition “Deputy Minister” in section 2 of the Canadian Security Intelligence Service Act is replaced by the following: “Deputy Minister” « sous-ministre » R.S., c. C-29 “Deputy Minister” means the Deputy Minister of Public Safety and Emergency Preparedness and includes any person acting for or on behalf of the Deputy Minister of Public Safety and Emergency Preparedness; CITIZENSHIP ACT 1997, c. 22, s. 2 14. Section 19.3 of the Citizenship Act is replaced by the following: Annual report 19.3 The person appointed under subsection 19.1(1) must, not later than September 30, submit to the Minister of Public Safety and Emergency Preparedness a report of the activities of the person during the preceding fiscal year and that Minister must cause the report to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the day on which the Minister receives it. 1996, c. 19 CONTROLLED DRUGS AND SUBSTANCES ACT 15. (1) The portion of subsection 55(2) of the Controlled Drugs and Substances Act before paragraph (b) is replaced by the following: C. 10 Regulations pertaining to law enforcement (2) The Governor in Council, on the recommendation of the Minister of Public Safety and Emergency Preparedness, may make regulations that pertain to investigations and other law enforcement activities conducted under this Act by a member of a police force and other persons acting under the direction and control of a member and, without restricting the generality of the foregoing, may make regulations Department of Public Safety a (a) authorizing the Minister of Public Safety and Emergency Preparedness or the provincial minister responsible for policing in a province, as the case may be, to designate a police force within their jurisdiction for the purposes of this subsection; 2001, c. 32, s. 55 (2) The portion of subsection 55(2.1) of the Act before paragraph (b) is replaced by the following: Regulations pertaining to law enforcement under other Acts of Parliament (2.1) The Governor in Council, on the recommendation of the Minister of Public Safety and Emergency Preparedness, may, for the purpose of an investigation or other law enforcement activity conducted under another Act of Parliament, make regulations authorizing a member of a police force or other person under the direction and control of such a member to commit an act or omission — or authorizing a member of a police force to direct the commission of an act or omission — that would otherwise constitute an offence under Part I or the regulations and, without restricting the generality of the foregoing, may make regulations (a) authorizing the Minister of Public Safety and Emergency Preparedness or the provincial minister responsible for policing in a province, as the case may be, to designate a police force within their jurisdiction for the purposes of this subsection; 16. Section 57 of the Act is replaced by the following: Powers, duties and functions of Minister or Minister of Public Safety and Emergency Preparedness 57. The Minister’s powers, duties or functions under this Act or the regulations — and those of the Minister of Public Safety and Emergency Preparedness under the regulations — may be exercised or performed by any 2004-2005 Ministère de la Sécurité publi person designated, or any person occupying a position designated, for that purpose by the relevant Minister. 1992, c. 20 CORRECTIONS AND CONDITIONAL RELEASE ACT 17. The definition “ministre” in section 157 of the French version of the Corrections and Conditional Release Act is replaced by the following: « ministre » “Minister” R.S., c. C-46 « ministre » S’entend au sens de la partie I. CRIMINAL CODE 2001, c. 41, s. 4 18. (1) Subsections 83.05(1.1) to (4) of the Criminal Code are replaced by the following: Recommendation (1.1) The Minister may make a recommendation referred to in subsection (1) only if he or she has reasonable grounds to believe that the entity to which the recommendation relates is an entity referred to in paragraph (1)(a) or (b). Application to Minister (2) On application in writing by a listed entity, the Minister shall decide whether there are reasonable grounds to recommend to the Governor in Council that the applicant no longer be a listed entity. Deeming (3) If the Minister does not make a decision on the application referred to in subsection (2) within 60 days after receipt of the application, he or she is deemed to have decided to recommend that the applicant remain a listed entity. Notice of the decision to the applicant (4) The Minister shall give notice without delay to the applicant of any decision taken or deemed to have been taken respecting the application referred to in subsection (2). 2001, c. 41, s. 4 (2) Paragraph 83.05(6)(a) of the Act is replaced by the following: (a) examine, in private, any security or criminal intelligence reports considered in listing the applicant and hear any other evidence or information that may be presented by or on behalf of the Minister and may, at his or her request, hear all or part of that evidence or information in the absence of C. 10 Department of Public Safety a the applicant and any counsel representing the applicant, if the judge is of the opinion that the disclosure of the information would injure national security or endanger the safety of any person; 2001, c. 41, s. 4 (3) Subsections 83.05(7) to (10) of the Act are replaced by the following: Publication (7) The Minister shall cause to be published, without delay, in the Canada Gazette notice of a final order of a court that the applicant no longer be a listed entity. New application (8) A listed entity may not make another application under subsection (2), except if there has been a material change in its circumstances since the time when the entity made its last application or if the Minister has completed the review under subsection (9). Review of list (9) Two years after the establishment of the list referred to in subsection (1), and every two years after that, the Minister shall review the list to determine whether there are still reasonable grounds, as set out in subsection (1), for an entity to be a listed entity and make a recommendation to the Governor in Council as to whether the entity should remain a listed entity. The review does not affect the validity of the list. Completion of review (10) The Minister shall complete the review as soon as possible and in any event, no later than 120 days after its commencement. After completing the review, he or she shall cause to be published, without delay, in the Canada Gazette notice that the review has been completed. 2001, c. 41, s. 4 19. Subsections 83.06(1) and (2) of the Act are replaced by the following: Admission of foreign information obtained in confidence 83.06 (1) For the purposes of subsection 83.05(6), in private and in the absence of the applicant or any counsel representing it, (a) the Minister of Public Safety and Emergency Preparedness may make an application to the judge for the admission of information obtained in confidence from a government, an institution or an agency of a foreign state, 2004-2005 Ministère de la Sécurité publi from an international organization of states or from an institution or an agency of an international organization of states; and (b) the judge shall examine the information and provide counsel representing the Minister with a reasonable opportunity to be heard as to whether the information is relevant but should not be disclosed to the applicant or any counsel representing it because the disclosure would injure national security or endanger the safety of any person. Return of information (2) The information shall be returned to counsel representing the Minister and shall not be considered by the judge in making the determination under paragraph 83.05(6)(d), if (a) the judge determines that the information is not relevant; (b) the judge determines that the information is relevant but should be summarized in the statement to be provided under paragraph 83.05(6)(b); or (c) the Minister withdraws the application. 2001, c. 41, s. 4 20. Section 83.07 of the Act is replaced by the following: Mistaken identity 83.07 (1) An entity claiming not to be a listed entity may apply to the Minister of Public Safety and Emergency Preparedness for a certificate stating that it is not a listed entity. Issuance of certificate (2) The Minister shall, within 15 days after receiving the application, issue a certificate if he or she is satisfied that the applicant is not a listed entity. 2001, c. 41, s. 4 21. Subsections 83.09(1) and (2) of the Act are replaced by the following: Exemptions 83.09 (1) The Minister of Public Safety and Emergency Preparedness, or a person designated by him or her, may authorize any person in Canada or any Canadian outside Canada to carry out a specified activity or transaction that is prohibited by section 83.08, or a class of such activities or transactions. C. 10 Ministerial authorization (2) The Minister, or a person designated by him or her, may make the authorization subject to any terms and conditions that are required in their opinion and may amend, suspend, revoke or reinstate it. 1993, c. 40, s. 5; 1997, c. 18, s. 8 22. The portion of subsection 185(1) of the Act before paragraph (b) is replaced by the following: Application for authorization 185. (1) An application for an authorization to be given under section 186 shall be made ex parte and in writing to a judge of a superior court of criminal jurisdiction or a judge as defined in section 552 and shall be signed by the Attorney General of the province in which the application is made or the Minister of Public Safety and Emergency Preparedness or an agent specially designated in writing for the purposes of this section by Department of Public Safety a (a) the Minister personally or the Deputy Minister of Public Safety and Emergency Preparedness personally, if the offence under investigation is one in respect of which proceedings, if any, may be instituted at the instance of the Government of Canada and conducted by or on behalf of the Attorney General of Canada, or 23. The portion of subsection 186(6) of the Act before paragraph (a) is replaced by the following: Renewal of authorization (6) Renewals of an authorization may be given by a judge of a superior court of criminal jurisdiction or a judge as defined in section 552 on receipt by him or her of an ex parte application in writing signed by the Attorney General of the province in which the application is made or the Minister of Public Safety and Emergency Preparedness — or an agent specially designated in writing for the purposes of section 185 by the Minister or the Attorney General, as the case may be — accompanied by an affidavit of a peace officer or public officer deposing to the following matters: 1993, c. 40, s. 7 24. Subsection 187(2) of the Act is replaced by the following: Order of judge (2) An order under subsection (1.2), (1.3), (1.4) or (1.5) made with respect to documents relating to an application made pursuant to 2004-2005 Ministère de la Sécurité publi section 185 or subsection 186(6) or 196(2) may only be made after the Attorney General or the Minister of Public Safety and Emergency Preparedness by whom or on whose authority the application for the authorization to which the order relates was made has been given an opportunity to be heard. 1993, c. 40, s. 14(1) 25. Subsections 196(1) and (2) of the Act are replaced by the following: Written notification to be given 196. (1) The Attorney General of the province in which an application under subsection 185(1) was made or the Minister of Public Safety and Emergency Preparedness if the application was made by or on behalf of that Minister shall, within 90 days after the period for which the authorization was given or renewed or within such other period as is fixed pursuant to subsection 185(3) or subsection (3) of this section, notify in writing the person who was the object of the interception pursuant to the authorization and shall, in a manner prescribed by regulations made by the Governor in Council, certify to the court that gave the authorization that the person has been so notified. Extension of period for notification (2) The running of the 90 days referred to in subsection (1), or of any other period fixed pursuant to subsection 185(3) or subsection (3) of this section, is suspended until any application made by the Attorney General or the Minister to a judge of a superior court of criminal jurisdiction or a judge as defined in section 552 for an extension or a subsequent extension of the period for which the authorization was given or renewed has been heard and disposed of. 1998, c. 37 DNA IDENTIFICATION ACT 2000, c. 10, s. 12 26. Section 13.1 of the DNA Identification Act is replaced by the following: Annual report 13.1 (1) The Commissioner shall, within three months after the end of each fiscal year, submit to the Minister of Public Safety and Emergency Preparedness a report on the operations of the national DNA data bank for the year. C. 10 Tabling in Parliament (2) The Minister shall cause the report of the Commissioner to be tabled in each House of Parliament on any of the first 15 days on which that House is sitting after he or she receives it. R.S., c. F-11 Department of Public Safety a FINANCIAL ADMINISTRATION ACT 27. Schedule I to the Financial Administration Act is amended by striking out the following: Department of the Solicitor General Ministère du Solliciteur général 28. Schedule I to the Act is amended by adding the following in alphabetical order: Department of Public Safety and Emergency Preparedness Ministère de la Sécurité publique et de la Protection civile 1995, c. 39 FIREARMS ACT 29. The definition “federal Minister” in subsection 2(1) of the Firearms Act is replaced by the following: “federal Minister” « ministre fédéral » R.S., c. P-21 “federal Minister” means the Minister of Public Safety and Emergency Preparedness; PRIVACY ACT 30. The schedule to the Privacy Act is amended by striking out the following under the heading “Departments and Ministries of State”: Department of the Solicitor General Ministère du Solliciteur général 31. The schedule to the Act is amended by adding the following in alphabetical order under the heading “Departments and Ministries of State”: Department of Public Safety and Emergency Preparedness Ministère de la Sécurité publique et de la Protection civile 2004-2005 1991, c. 30 Ministère de la Sécurité publi PUBLIC SECTOR COMPENSATION ACT 32. Schedule I to the Public Sector Compensation Act is amended by striking out the following under the heading “Departments”: Department of the Solicitor General Ministère du Solliciteur général 33. Schedule I to the Act is amended by adding the following in alphabetical order under the heading “Departments”: Department of Public Safety and Emergency Preparedness Ministère de la Sécurité publique et de la Protection civile TERMINOLOGY CHANGES Replacement of “Solicitor General of Canada”, etc. 34. (1) Unless the context requires otherwise, every reference to “Solicitor General of Canada”, “Solicitor General” or “Solicitor General of Canada to be styled Deputy Prime Minister and Minister of Public Safety and Emergency Preparedness” is replaced by a reference to the “Minister of Public Safety and Emergency Preparedness” in any Act of Parliament, and more particularly wherever it occurs in the following provisions: (a) subsection 28(2) of the Canadian Air Transport Security Authority Act; (b) the definition “Minister” in section 2 of the Canadian Security Intelligence Service Act; (c) the definition “Minister” in section 3 of the Charities Registration (Security Information) Act; (d) section 61 of the Controlled Drugs and Substances Act; (e) the definition “Minister” in subsection 2(1) of the Corrections and Conditional Release Act; (f) in the Criminal Code, (i) subparagraph (b)(i) of the definition “justice system participant” in section 2, C. 10 Department of Public Safety a (ii) paragraph (a) of the definition “competent authority” in subsection 25.1(1), (iii) subsection 83.05(1), (iv) the portion of subsection 83.31(3) before paragraph (a), (v) subsection 185(2), (vi) subsection 186(5), (vii) paragraph 188(1)(a), (viii) subsections 191(2) and (3), (ix) the portion of subsection 195(1) before paragraph (a), (x) subsection 195(4), (xi) subsection 461(2), (xii) subsection 667(5), (xiii) subsection 672.68(1), and (xiv) Forms 44 and 45; (g) the definition “Minister” in subsection 2(1) of the Criminal Records Act; (h) subsection 5(1) of the DNA Identification Act; (i) paragraph 41(6)(a) of the Employment Equity Act; (j) subsections 66(4) and (5) of the Excise Act; (k) subsection 10(1) of the Excise Act, 2001; (l) in the Extradition Act, (i) subsection 66(10), and (ii) subparagraph 77(b)(i); (m) column II of Schedule I.1 to the Financial Administration Act; (n) subsection 10.1(4) of the Foreign Missions and International Organizations Act; (o) in the Immigration and Refugee Protection Act, (i) the heading before section 76, (ii) subsection 77(1), and (iii) subsection 82(1); 2004-2005 Ministère de la Sécurité publi (p) the portion of subsection 273.6(2) of the National Defence Act before paragraph (a); (q) subsection 60.1(1) of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act; (r) in the Public Sector Pension Investment Board Act, (i) subsection 4(3), (ii) subsection 10(1), (iii) subsection 14(1), (iv) subsection 25(1), (v) subsection 36(6), (vi) subsection 37(3), (vii) subsection 39(8), (viii) subsection 44(2), (ix) subsection 45(1), (x) section 47, and (xi) subsection 48(1); (s) the definition “Minister” in subsection 2(1) of the Royal Canadian Mounted Police Act; (t) in the Royal Canadian Mounted Police Superannuation Act, (i) the definition “Minister” in subsection 3(1), (ii) the portion of subsection 32.12(1) before paragraph (a), (iii) the portion of subsection 32.13(1) before paragraph (a), and (iv) section 32.14; (u) paragraph 4(2)(k) of the Salaries Act; (v) subsection 6(2) of the Security Offences Act; (w) section 29 of the Statistics Act; (x) the definition “Minister” in section 2 of the Transfer of Offenders Act; and (y) the definition “Minister” in section 2 of the Witness Protection Program Act. C. 10 Terminology change — English version (2) In paragraphs 78(e) and (f) of the English version of the Immigration and Refugee Protection Act, the reference to “Solicitor General of Canada” is replaced by a reference to “Minister of Public Safety and Emergency Preparedness”. Department of Public Safety a COORDINATING AMENDMENTS 2004, c. 21 35. (1) In this section, “other Act” means the International Transfer of Offenders Act, chapter 21 of the Statutes of Canada, 2004. (2) If paragraph 34(1)(x) of this Act comes into force before, or on the same day as, section 1 of the other Act, then, on the coming into force of that paragraph 34(1)(x), the definition “Minister” in section 2 of the other Act is replaced by the following: “Minister” « ministre » “Minister” means the Minister of Public Safety and Emergency Preparedness. (3) If section 1 of the other Act comes into force before the coming into force of paragraph 34(1)(x) of this Act, then, on the coming into force of that section 1 of the other Act, paragraph 34(1)(x) is replaced by the following: (x) the definition “Minister” in section 2 of the International Transfer of Offenders Act; and 2003, c. 22 36. On the later of the coming into force of section 224 of the Public Service Modernization Act, chapter 22 of the Statutes of Canada, 2003, and the coming into force of section 8 of this Act, any reference to “public service of Canada” in section 8 of the English version of this Act is replaced by a reference to “federal public administration”. REPEAL R.S., c. S-13 37. The Department of the Solicitor General Act is repealed. 2004-2005 Ministère de la Sécurité publi COMING INTO FORCE Order in council 38. This Act, other than sections 35 and 36, comes into force on a day to be fixed by order of the Governor in Council. Published under authority of the Speaker of the House of Commons Available from: Publishing and Depository Services PWGSC, Ottawa, ON K1A 0S5 Also available on the Parliamentary Intern Aussi disponible sur le réseau électronique « Parliam http://www Available from: Publishing and Depository Services PWGSC, Ottawa, ON K1A 0S5

First Session, Thirty-eighth Parliament, 53-54 Elizabeth II, 2004-2005 STATUTES OF CANADA 2005 CHAPTER 38 An Act to establish the Canada Border Services Agency ASSENTED TO 3rd NOVEMBER, 2005 BILL C-26 RECOMMENDATION Her Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled “An Act to establish the Canada Border Services Agency”. SUMMARY This enactment establishes the Canada Border Services Agency, which was first created by order in council on December 12, 2003. The Agency brings together the border services of the Canada Customs and Revenue Agency, the Canadian Food Inspection Agency and the Department of Citizenship and Immigration. The enactment sets out the responsibilities, mandate, powers, duties and functions of the Minister responsible for the Agency and its President. It continues the Canada Customs and Revenue Agency under the name of the Canada Revenue Agency and contains transitional provisions as well as consequential amendments to other Acts. All parliamentary publications are available on the Parliamentary Internet Parlementaire at the following address: http://www.parl.gc.ca TABLE OF PROVISIONS AN ACT TO ESTABLISH THE CANADA BORDER SERVICES AGENCY SHORT TITLE 1. Short title INTERPRETATION 2. Definitions ESTABLISHMENT AND MANDATE OF THE AGENCY 3. Agency established 4. Head office 5. Mandate of Agency MINISTER 6. Minister responsible PRESIDENT AND EXECUTIVE VICE-PRESIDENT 7. Appointment 8. Role of President 9. Delegation by President 10. Remuneration HUMAN RESOURCES 11. Officers and employees POWERS OF THE AGENCY 12. Exercise of powers conferred on Minister 13. Agreements 14. Agreements to administer a tax EXPENDITURES 15. Appropriation Acts ANNUAL REPORT 15.1 Annual report i TRANSITIONAL PROVISIONS DEFINITIONS 16. Definitions FORMER AGENCY 17. President and Executive Vice-president 18. Transfer of appropriations 19. References CANADA CUSTOMS AND REVENUE AGENCY 20. Positions 21. Continuation of rights and property 22. Continuation of obligations and liabilities 23. Real property, immovables and licences 24. Continuation of legal proceedings: Canada Revenue Agency 25. Validity of documents: Canada Revenue Agency 26. Continuation of evidentiary presumption: Canada Revenue Agency 27. References 28. References in documents and other provisions: Canada Revenue Agency ROYAL CANADIAN MINT ACT 29. Royal Canadian Mint Act CONSEQUENTIAL AMENDMENTS 30. 31-32. 33. 34-52. 53. 54-56. Agriculture and Agri-Food Administrative Monetary Penalties Act Air Travellers Security Charge Act Canada Agricultural Products Act Canada Customs and Revenue Agency Act Canadian Food Inspection Agency Act Canadian International Trade Tribunal Act 57. Department of Citizenship and Immigration Act 58. Criminal Code 59. Cultural Property Export and Import Act 60-85. 86. 87-89. Customs Act Customs and Excise Offshore Application Act Customs Tariff ii 90. Employment Insurance Act 91. Excise Act 92-98. Excise Act, 2001 99-110. Excise Tax Act 111. Family Orders and Agreements Enforcement Assistance Act 112. Feeds Act 113. Fertilizers Act 114-115. Financial Administration Act 116. Fish Inspection Act 117. Health of Animals Act 118-119. 120. Income Tax Act 121-122. 123. Proceeds of Crime (Money Laundering) and Terrorist Financing Act Public Service Superannuation Act 129-130. 131. Meat Inspection Act Plant Protection Act 124-127. 128. Immigration and Refugee Protection Act Royal Canadian Mint Act Seeds Act 132-137. Special Import Measures Act 138-143. Terminology Changes COORDINATING AMENDMENTS 144. 2003, c. 22 145. Bill C-6 146. Bill C-22 COMING INTO FORCE 147. Order in council 53-54 ELIZABETH II —————— CHAPTER 38 An Act to establish the Canada Border Services Agency [Assented to 3rd November, 2005] Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: SHORT TITLE Short title 1. This Act may be cited as the Canada Border Services Agency Act. INTERPRETATION Definitions 2. The following definitions apply in this Act. “Agency” « Agence » “Agency” means the Canada Border Services Agency established under subsection 3(1). “Minister” « ministre » “Minister” means the Solicitor General of Canada. “President” « président » “President” means the President of the Agency appointed under subsection 7(1). “program legislation” « législation frontalière » “program legislation” means any other Act of Parliament or any instrument made under it, or any part of such an Act or instrument, (a) that the Governor in Council or Parliament authorizes the Minister, the Agency, the President or an employee of the Agency to administer and enforce, including the Customs Act, the Customs Tariff, the Excise Act, the Excise Act, 2001, the Immigration and Refugee Protection Act and the Special Import Measures Act; C. 38 Canada Border (b) that the Governor in Council or Parliament authorizes the Minister, the Agency, the President or an employee of the Agency to enforce, including the Agriculture and AgriFood Administrative Monetary Penalties Act, the Canada Agricultural Products Act, the Feeds Act, the Fertilizers Act, the Fish Inspection Act, the Health of Animals Act, the Meat Inspection Act, the Plant Protection Act and the Seeds Act; (c) under which the Minister or another minister authorizes the Agency, the President or an employee of the Agency to administer a program or carry out an activity; or (d) under which duties or taxes collected and paid pursuant to the Customs Act are imposed. ESTABLISHMENT AND MANDATE OF THE AGENCY Agency established 3. (1) The Canada Border Services Agency is established as a body corporate. Agent of Her Majesty (2) The Agency is for all purposes an agent of Her Majesty in right of Canada. Head office 4. The head office of the Agency is to be in the National Capital Region described in the schedule to the National Capital Act. Mandate of Agency 5. (1) The Agency is responsible for providing integrated border services that support national security and public safety priorities and facilitate the free flow of persons and goods, including animals and plants, that meet all requirements under the program legislation, by (a) supporting the administration or enforcement, or both, as the case may be, of the program legislation; (b) implementing agreements between the Government of Canada or the Agency and a foreign state or a public body performing a function of government in a foreign state to carry out an activity, provide a service or administer a tax or program; 2004-2005 Agence des services fr (c) implementing agreements between the Government of Canada or the Agency and the government of a province or other public body performing a function of the Government in Canada to carry out an activity, provide a service or administer a tax or program; (d) implementing agreements or arrangements between the Agency and departments or agencies of the Government of Canada to carry out an activity, provide a service or administer a program; and (e) providing cooperation and support, including advice and information, to other departments and agencies of the Government of Canada to assist them in developing, evaluating and implementing policies and decisions in relation to program legislation for which they have responsibility. Support (2) The Agency may provide support, through the provision of services, to departments and agencies for which the Minister is responsible, in accordance with agreements or arrangements entered into with those departments and agencies. MINISTER Minister responsible 6. (1) The Minister is responsible for the Agency. Delegation by Minister (2) The Minister may delegate to any person any power, duty or function conferred on the Minister under this Act or under the program legislation. Exception (3) Subsection (2) does not apply if an Act of Parliament other than this Act authorizes the Minister to delegate the power, duty or function to any person or authorizes any person to exercise or perform it. Limitation (4) Subsection (2) does not apply in respect of a power to make regulations. C. 38 Canada Border PRESIDENT AND EXECUTIVE VICEPRESIDENT Appointment 7. (1) The Governor in Council shall appoint a President of the Agency to hold office during pleasure for a term of not more than five years, which term may be renewed for one or more further terms. Executive Vicepresident (2) The Governor in Council may appoint an Executive Vice-president of the Agency to hold office during pleasure for a term of not more than five years, which term may be renewed for one or more further terms. Role of President 8. (1) The President, under the direction of the Minister, has the control and management of the Agency and all matters connected with it. Rank of deputy head (2) The President has the rank and all the powers of a deputy head of a department. Executive Vicepresident’s powers (3) The Executive Vice-president shall exercise the powers and perform the duties and functions that the President may assign and shall act as President if that office is vacant or if the President is absent or incapacitated. Delegation by President 9. (1) The President may delegate to any person any power, duty or function that the President is authorized to exercise or perform under this Act or any other enactment. Designation of officers (2) The President may designate any person, or person within a class of persons, (a) as an officer as defined in subsection 2(1) of the Customs Act to exercise any powers or perform any duties and functions of an officer under that Act that the President may specify; or (b) as an inspector or a veterinary inspector or other officer for the enforcement of any Act or instrument made under it, or any part of an Act or instrument, that the Governor in Council or Parliament authorizes the Minister, the Agency, the President or an employee of the Agency to enforce, including the Agriculture and Agri-Food Administrative Monetary Penalties Act, the Canada Agricultural Products Act, the Feeds Act, the Fertilizers Act, the Fish Inspection Act, the 2004-2005 Agence des services fr Health of Animals Act, the Meat Inspection Act, the Plant Protection Act and the Seeds Act. Designation power (3) The President may exercise any power that the Minister has to designate officers under subsection 6(1) of the Immigration and Refugee Protection Act. Remuneration 10. (1) The President and the Executive Vice-president shall be paid the remuneration that is fixed by the Governor in Council. Expenses (2) The President and the Executive Vicepresident are entitled to be paid reasonable travel and living expenses incurred by them in the course of performing their duties while absent from their ordinary place of work. Deemed employment (3) The President and the Executive Vicepresident are deemed to be employed in the Public Service for the purposes of the Public Service Superannuation Act and to be employed in the public service of Canada for the purposes of the Government Employees Compensation Act and any regulations made under section 9 of the Aeronautics Act. HUMAN RESOURCES Officers and employees 11. Officers and employees necessary for the proper conduct of the work of the Agency shall be appointed in accordance with the Public Service Employment Act. POWERS OF THE AGENCY Exercise of powers conferred on Minister 12. (1) Subject to any direction given by the Minister, the Agency may exercise the powers, and shall perform the duties and functions, that relate to the program legislation and that are conferred on, or delegated, assigned or transferred to, the Minister under any Act or regulation. Officers and employees (2) An officer or employee of the Agency may exercise any power or perform any duty or function referred to in subsection (1) if the officer or employee is appointed to serve in the Agency in a capacity appropriate to the exercise of the power or the performance of the duty or C. 38 Canada Border function, and, in so doing, shall comply with any general or special direction given by the Minister. Exception (3) Subsection (1) does not include (a) any power, duty or function of the Minister under this Act; or (b) a power to make regulations. Non-application of Statutory Instruments Act (4) A direction given by the Minister under subsection (1) or (2) is not a statutory instrument for the purposes of the Statutory Instruments Act. Agreements 13. (1) Subject to section 38 of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act, the Agency may, with the approval of the Governor in Council, on the recommendation of the Minister and the Minister of Foreign Affairs and International Trade, enter into an agreement with a foreign state or an international organization, for the purposes of carrying out the mandate of the Agency. Arrangements and agreements (2) The Agency may, for the purposes of carrying out its mandate, (a) enter into an arrangement with a foreign state or an international organization; or (b) enter into an agreement or arrangement with the government of a province, a department or agency of the Government of Canada or any person or organization. Agreements to administer a tax 14. (1) The Agency may enter into or amend an agreement with a provincial or territorial government to administer a tax or other fiscal measure if the agreement is in accordance with guidelines relating to agreements of that kind established jointly by the Minister and the Minister of Finance. Application of the FederalProvincial Fiscal Arrangements Act (2) Parts III and III.1 of the FederalProvincial Fiscal Arrangements Act do not apply to an agreement entered into or amended under subsection (1). EXPENDITURES Appropriation Acts 15. An appropriation Act may provide that the balance of money appropriated by Parliament for the use of the Agency that remains 2004-2005 Agence des services fr unexpended at the end of the fiscal year, after the adjustments referred to in section 37 of the Financial Administration Act are made, lapses at the end of the following fiscal year. ANNUAL REPORT Annual report 15.1 (1) The Minister shall, as soon as possible after the end of each fiscal year but no later than the end of the calendar year in which that fiscal year ends, cause to be laid before each House of Parliament a report of the operations and performance of the Agency for that fiscal year. Reports required by Treasury Board (2) The obligation imposed by subsection (1) may be satisfied by the tabling of any reports of the operations and performance of the Agency required by the Treasury Board that contain the information required by that subsection. TRANSITIONAL PROVISIONS DEFINITIONS Definitions 16. The following definitions apply in sections 17 to 19 and 21 to 28. “former agency” « ancienne agence » “former agency” means the portion of the public service of Canada known as the Canada Border Services Agency. “new agency” « nouvelle agence » “new agency” means the Canada Border Services Agency established under subsection 3(1). “order P.C. 2003-2064” « décret C.P. 2003-2064 » “order P.C. 2003-2064” means Order in Council P.C. 2003-2064 of December 12, 2003, registered as SI/2003-216. FORMER AGENCY President and Executive Vicepresident 17. (1) The persons occupying the positions of President and Executive Vice-president of the former agency on the day on which this section comes into force become the President and Executive Vice-president of the new agency on that day and are deemed to have been appointed under section 7. Positions (2) Nothing in this Act is to be construed as affecting the status of an employee who, immediately before the coming into force of C. 38 Canada Border this section, occupied a position in the former agency, except that the employee shall, on the coming into force of this section, occupy his or her position in the new agency under the direction of the President. Definition of “employee” (3) In subsection (2), “employee” has the same meaning as in subsection 2(1) of the Public Service Employment Act. Transfer of appropriations 18. (1) Any amount appropriated, for the fiscal year in which this section comes into force, by an appropriation Act based on the Estimates for that year for defraying the charges and expenses of the public service of Canada for the former agency that, on the day on which this section comes into force, is unexpended is deemed, on that day, to be an amount appropriated for defraying the charges and expenses of the public service of Canada for the new agency. Transfer of powers, duties and functions (2) Wherever under any Act, order, rule or regulation, or any contract, lease, licence or other document, any power, duty or function is vested in or exercisable by the President of the former agency or an employee of the former agency, the power, duty or function is vested in and shall be exercised by the President of the new agency or an employee of the new agency unless the Governor in Council by order designates a deputy minister or an officer of the public service of Canada to exercise that power or perform that duty or function. Continuation of proceedings (3) Any action, suit or other legal or administrative proceeding to which the former agency or its President is a party that is pending on the coming into force of this section may be continued by or against the new agency or its President in a similar manner and to the same extent as it would have been continued by or against the former agency or its President. Deeming (4) Decisions made by the President of the former agency are deemed to be decisions made by the President of the new agency. Validity of documents (5) All orders, rules, regulations, decisions, determinations and re-determinations, directions, licences, authorizations, certificates, 2004-2005 Agence des services fr consents, approvals, declarations, designations, permits, registrations, rates or other documents that are in force on the coming into force of this section and that are made or issued by the President of the former agency or any person under his or her authority continue in force as if they were made or issued by the President of the new agency or a person under his or her authority, as the case may be, until they expire or are repealed, replaced, rescinded or altered. Continuation of evidentiary presumption (6) Every affidavit sworn, or document purporting to be certified, by an employee of the former agency before the day on which this section comes into force has the same probative value as if it were sworn or certified by an employee of the new agency after that day. References 19. (1) A reference to the former agency in any of the following is deemed to be a reference to the new agency: (a) Schedule I to the Access to Information Act under the heading “Other Government Institutions”; (b) the schedule to the Privacy Act; (c) Part I of Schedule I to the Public Service Staff Relations Act; (d) any order of the Governor in Council made under paragraph (b) of the definition “head” in section 3 of the Access to Information Act; (e) any direction of the Governor in Council made under subsection 24(3) of the Auditor General Act; (f) any order of the Governor in Council made under paragraph 29(e) of the Canadian Security Intelligence Service Act; (g) any order of the Governor in Council made under paragraph (b) of the definition “head” in section 3 of the Privacy Act; and (h) any order of the Governor in Council made under the definition “department” in subsection 2(1) of the Public Service Employment Act. C. 38 Deputy head (2) The designation of a person as deputy head of the former agency in any of the following is deemed to be a designation of the President of the new agency as deputy head of that agency: Canada Border (a) any order of the Governor in Council made under paragraph 29(e) of the Canadian Security Intelligence Service Act; and (b) any order of the Governor in Council made under the definition “deputy head” in subsection 2(1) of the Public Service Employment Act. CANADA CUSTOMS AND REVENUE AGENCY Positions 20. Nothing in this Act shall be construed as affecting the status of an employee who, immediately before the coming into force of this section, occupied a position in the Canada Customs and Revenue Agency, except that the employee shall occupy that position in the Canada Revenue Agency. Continuation of rights and property 21. (1) Subject to subsection (2), all rights and property of the Canada Customs and Revenue Agency continue as the rights and property of the Canada Revenue Agency. Transfer to new agency (2) All rights and property of the Canada Customs and Revenue Agency that are in respect of those portions of the Canada Customs and Revenue Agency the control and supervision of which were transferred to the former agency by order P.C. 2003-2064 are transferred to the new agency. Continuation of obligations and liabilities 22. (1) Subject to subsection (2), all obligations and liabilities of the Canada Customs and Revenue Agency continue as obligations and liabilities of the Canada Revenue Agency. Transfer to new agency (2) All obligations and liabilities of the Canada Customs and Revenue Agency that were incurred in respect of those portions of the Canada Customs and Revenue Agency the control and supervision of which were 2004-2005 Agence des services fr transferred to the former agency by order P.C. 2003-2064 are transferred to the new agency. Real property, immovables and licences 23. (1) The administration of any real property or immovable, and the administrative responsibility for any licence in respect of any real property or immovable, that was under the administration or administrative responsibility of the Canada Customs and Revenue Agency immediately before the coming into force of this section and that was used for or in support of those portions of the Canada Customs and Revenue Agency the control and supervision of which were transferred to the former agency by order P.C. 2003-2064 are transferred to the Minister. List (2) As soon as practicable after the coming into force of this section, the Minister of National Revenue shall publish in the Canada Gazette a list of the real property and immovables the administration of which was transferred under subsection (1) in such a way that each is sufficiently identified. Title (3) Where the title of any real property or immovable was held in the name of the Canada Customs and Revenue Agency immediately before the coming into force of this section and that real property or immovable was used for or in support of those portions of the Canada Customs and Revenue Agency the control and supervision of which were transferred to the former agency by order P.C. 2003-2064, the title to that real property or immovable is deemed to be held in the name of Her Majesty in right of Canada. Other real property, immovables and licences — Canada Revenue Agency (4) The administration of any real property or immovable, and the administrative responsibility for any licence in respect of any real property or immovable, that is not referred to in subsection (1) and that was under the administration or administrative responsibility of the Canada Customs and Revenue Agency immediately before the coming into force of this section continues under the administration or administrative responsibility, as the case may be, of the Canada Revenue Agency. C. 38 Continuation of legal proceedings: Canada Revenue Agency 24. (1) Subject to subsection (2), any action, suit or other legal or administrative proceeding to which the Canada Customs and Revenue Agency is a party that is pending on the coming into force of this section may be continued by or against the Canada Revenue Agency in the same manner and to the same extent as it could have been continued by or against the Canada Customs and Revenue Agency. Continuation of legal proceedings: new agency (2) Any action, suit or other legal or administrative proceeding to which the Canada Customs and Revenue Agency is a party that is pending on the coming into force of this section may be continued by or against the new agency in the same manner and to the same extent as it could have been continued by or against the Canada Customs and Revenue Agency in respect of those portions of the Canada Customs and Revenue Agency the control and supervision of which were transferred to the former agency by order P.C. 2003-2064. Validity of documents: Canada Revenue Agency 25. (1) Subject to subsection (2), all orders, rules, regulations, decisions, determinations and re-determinations, directions, licences, authorizations, certificates, consents, approvals, declarations, designations, permits, registrations, rates or other documents that are in force on the coming into force of this section and that were made or issued by the Minister of National Revenue or by the Commissioner of Customs and Revenue or any person under their authority continue in force as if they were made or issued by the Minister of National Revenue or the Commissioner of Revenue or any person under their authority, as the case may be, until they expire or are repealed, replaced, rescinded or altered. Validity of documents (2) All orders, rules, regulations, decisions, determinations and re-determinations, directions, licences, authorizations, certificates, consents, approvals, declarations, designations, permits, registrations, rates or other documents that are in force on the coming into force of this section and that were made or issued by the Minister of National Revenue or by the Commissioner of Customs Canada Border 2004-2005 Agence des services fr and Revenue or any person under their authority that are in respect of those portions of the Canada Customs and Revenue Agency the control and supervision of which were transferred to the former agency by order P.C. 2003-2064 continue in force as if they were made or issued by the Minister, the President of the new agency or a person under their authority, as the case may be, until they expire or are repealed, replaced, rescinded or altered. Continuation of evidentiary presumption: Canada Revenue Agency 26. (1) Subject to subsection (2), every affidavit sworn, or document purporting to be certified, by an employee of the Canada Customs and Revenue Agency before the day on which this section comes into force has the same probative value as if it were sworn or certified by an employee of the Canada Revenue Agency after that day. Continuation of evidentiary presumption: Canada Border Services Agency (2) Every affidavit sworn, or document purporting to be certified, by an employee of the Canada Customs and Revenue Agency before the day on which this section comes into force that was sworn or was purported to be certified in respect of those portions of the Canada Customs and Revenue Agency the control and supervision of which were transferred to the former agency by order P.C. 2003-2064 has the same probative value as if it were sworn or certified by an employee of the new agency after that day. References 27. (1) Subject to subsection (2), every reference to the Canada Customs and Revenue Agency, the Commissioner of Customs and Revenue, the Deputy Commissioner of Customs and Revenue or any person under their authority in a document issued in the name of the Canada Customs and Revenue Agency, the Commissioner of Customs and Revenue or the Deputy Commissioner of Customs and Revenue is to be read, unless the context otherwise requires, as a reference to the Canada Revenue Agency, the Commissioner of Revenue, the Deputy Commissioner of Revenue or a person under their authority, as the case may be. C. 38 References (2) Every reference to the Canada Customs and Revenue Agency, the Commissioner of Customs and Revenue, the Deputy Commissioner of Customs and Revenue or any person under their authority in a document issued in the name of the Canada Customs and Revenue Agency, the Commissioner of Customs and Revenue or the Deputy Commissioner of Customs and Revenue is to be read in respect of those documents that relate to those portions of the Canada Customs and Revenue Agency the control and supervision of which were transferred to the former agency by order P.C. 2003-2064, unless the context otherwise requires, as a reference to the new agency, the President of the new agency, the Executive Vice-president of the new agency or a person under their authority, as the case may be. References in documents and other provisions: Canada Revenue Agency 28. (1) Subject to subsection (2), any expression referring to the Deputy Minister of National Revenue, the Department of National Revenue, the Commissioner of Customs and Revenue or the Canada Customs and Revenue Agency in any document, any instrument made under an Act of Parliament or any provision of an Act of Parliament not amended by this Act is to be read, unless the context otherwise requires, as a reference to the Commissioner of Revenue or the Canada Revenue Agency, as the case may be. References in documents and other provisions: Canada Border Services Agency (2) Any expression referring to the Deputy Minister of National Revenue, the Department of National Revenue, the Commissioner of Customs and Revenue or the Canada Customs and Revenue Agency in any document, any instrument made under an Act of Parliament or any provision of an Act of Parliament not amended by this Act and the document, instrument or provision is in respect of those portions of the Canada Customs and Revenue Agency the control and supervision of which were transferred to the former agency by order P.C. 2003-2064 is to be read, unless the context otherwise Canada Border Agence des services fr 2004-2005 requires, as a reference to the President of the new agency or the new agency, as the case may be. ROYAL CANADIAN MINT ACT Royal Canadian Mint Act 29. The Minister of National Revenue is the Minister for the purposes of the Royal Canadian Mint Act until another member of the Queen’s Privy Council for Canada is designated under section 2.1 of that Act, as enacted by section 130 of this Act. CONSEQUENTIAL AMENDMENTS 1995, c. 40 AGRICULTURE AND AGRI-FOOD ADMINISTRATIVE MONETARY PENALTIES ACT 30. The definition “Minister” in section 2 of the Agriculture and Agri-Food Administrative Monetary Penalties Act is replaced by the following: “Minister” « ministre » “Minister” means (a) the Minister of Agriculture and AgriFood; or (b) with respect to a notice of violation issued in relation to the contravention of program legislation referred to in subsection 11(5) of the Canadian Food Inspection Agency Act, the Solicitor General of Canada. 2002, c. 9, s. 5 AIR TRAVELLERS SECURITY CHARGE ACT 31. The definitions “Agency” and “Commissioner” in section 2 of the Air Travellers Security Charge Act are replaced by the following: “Agency” « Agence » “Commissioner” « commissaire » “Agency” means the Canada Revenue Agency continued by subsection 4(1) of the Canada Revenue Agency Act. “Commissioner” means the Commissioner of Revenue appointed under section 25 of the Canada Revenue Agency Act. 32. Subsection 83(8) of the Act is replaced by the following: C. 38 Proof of documents (8) Every document purporting to have been executed under or in the course of the administration or enforcement of this Act over the name in writing of the Minister, the Commissioner of Customs and Revenue, the Commissioner or an officer authorized to exercise the powers or perform the duties of the Minister under this Act is deemed to be a document signed, made and issued by the Minister, the Commissioner of Customs and Revenue, the Commissioner or the officer, unless it has been called into question by the Minister or a person acting for the Minister or for Her Majesty. R.S., c. 20 (4th Supp.) CANADA AGRICULTURAL PRODUCTS ACT Canada Border 1997, c. 6, s. 39 33. Subsection 19(2) of the Canada Agricultural Products Act is replaced by the following: Designation (1.1) The President of the Canada Border Services Agency may designate inspectors under paragraph 9(2)(b) of the Canada Border Services Agency Act for the purposes of enforcing this Act. Certificate to be produced (2) Inspectors shall be given certificates in a form established by the President of the Canadian Food Inspection Agency or the President of the Canada Border Services Agency, as the case may be, attesting to their designation and, on entering any place under this Act, an inspector shall show the certificate to the person in charge of the place on request. 1999, c. 17 CANADA CUSTOMS AND REVENUE AGENCY ACT 34. The long title of the Canada Customs and Revenue Agency Act is replaced by the following: An Act to continue the Canada Revenue Agency and to amend and repeal other Acts as a consequence 35. Section 1 of the Act is replaced by the following: Short title 1. This Act may be cited as the Canada Revenue Agency Act. 2004-2005 2002, c. 22, s. 322 Agence des services fr 36. (1) The definition “législation fiscale et douanière” in section 2 of the French version of the Act is repealed. (2) The definition “Agency” in section 2 of the Act is replaced by the following: “Agency” « Agence » 2002, c. 22, s. 322 “Agency” means the Canada Revenue Agency continued by subsection 4(1). (3) Paragraph (a) of the definition “program legislation” in section 2 of the English version of the Act is replaced by the following: (a) that the Governor in Council or Parliament authorizes the Minister, the Agency, the Commissioner or an employee of the Agency to administer or enforce, including the Air Travellers Security Charge Act, the Customs Act, the Excise Act, the Excise Act, 2001, the Excise Tax Act and the Income Tax Act; or (4) Section 2 of the French version of the Act is amended by adding the following in alphabetical order: « législation fiscale » “program legislation” « législation fiscale » Tout ou partie d’une autre loi fédérale ou de ses textes d’application : a) dont le ministre, l’Agence, le commissaire ou un employé de l’Agence est autorisé par le Parlement ou le gouverneur en conseil à assurer ou contrôler l’application, notamment la Loi sur le droit pour la sécurité des passagers du transport aérien, la Loi sur les douanes, la Loi sur l’accise, la Loi de 2001 sur l’accise, la Loi sur la taxe d’accise et la Loi de l’impôt sur le revenu; b) en vertu desquels le ministre ou un autre ministre autorise l’Agence, le commissaire ou un employé de l’Agence à appliquer un programme ou à exercer une activité. 37. The heading before section 4 of the Act is replaced by the following: CONTINUATION AND MANDATE OF THE AGENCY 38. Subsection 4(1) of the Act is replaced by the following: C. 38 Continuation 4. (1) The Canada Customs and Revenue Agency is continued as a body corporate under the name of the Canada Revenue Agency. Canada Border 39. Paragraph 5(1)(a) of the French version of the Act is replaced by the following: a) de fournir l’appui nécessaire à l’application et au contrôle d’application de la législation fiscale; 40. (1) Paragraph 6(1)(a) of the Act is repealed. (2) Subsection 6(1) of the Act is amended by striking out the word “and” at the end of paragraph (d) and by adding the following after paragraph (d): (d.1) the collection of debts due to Her Majesty under Part V.1 of the Customs Act; and 2002, c. 22, s. 323 41. Section 7 of the Act is replaced by the following: Designation of officers 7. The Minister may designate any person, or person within a class of persons, as an officer as defined in section 2 of the Excise Act or section 2 of the Excise Act, 2001 to exercise any powers or perform any duties and functions of an officer under those Acts that the Minister may specify. 42. Section 9 of the French version of the Act is replaced by the following: Instructions sur l’exercice des attributions 9. Le ministre peut donner des instructions au commissaire ou à toute autre personne sur l’exercice de celles de ses attributions qui leur sont confiées soit au titre des paragraphes 8(1) ou (4), soit sous le régime de la législation fiscale. 2004, c. 16, s. 4(F) 43. Subsection 26(1) of the Act is replaced by the following: Appointment and tenure of Deputy Commissioner 26. (1) A Deputy Commissioner of Revenue may be appointed by the Governor in Council to hold office during pleasure for a term of not more than five years, which term may be renewed for one or more further terms of not more than five years each. 44. Section 33 of the French version of the Act is replaced by the following: 2004-2005 Fonctions consultatives Agence des services fr 33. Il peut conseiller le ministre sur les questions liées à l’application et au contrôle d’application, en général, de la législation fiscale. 45. Paragraphs 34(a) and (b) of the French version of the Act are replaced by the following: a) à l’exercice des attributions soit qui leur sont conférées ou déléguées sous le régime de la législation fiscale ou d’une loi provinciale, soit qu’ils sont autorisés à exercer au nom du ministre sous le régime de la présente loi; b) à l’application ou au contrôle d’application de la législation fiscale. 46. Section 35 of the French version of the Act is replaced by the following: Confidentialité de certains renseignements 35. La présente loi n’a pas pour effet d’autoriser la divulgation au conseil de renseignements qui, même indirectement, révèlent l’identité de la personne, de l’organisation ou de l’entreprise commerciale à laquelle ils ont trait et qui ont été soit obtenus sous le régime de la législation fiscale ou d’une loi provinciale, soit préparés à partir de renseignements ainsi obtenus. 47. Subsection 37(1) of the Act is replaced by the following: Authorization by Commissioner 37. (1) The Commissioner may authorize any person, subject to any terms and conditions that the Commissioner may specify, to exercise or perform on behalf of the Commissioner any power, duty or function of the Commissioner under this Act or any other Act. 48. Subsection 39(1) of the French version of the Act is replaced by the following: Obligation de renseigner les organismes fédéraux 39. (1) Sous réserve des dispositions de la législation fiscale et de la Loi sur la protection des renseignements personnels relatives à la confidentialité, le commissaire est tenu de fournir, aux ministères et organismes fédéraux pour le compte desquels l’Agence applique un programme ou exerce une activité, l’information nécessaire à l’évaluation du programme ou de l’activité et à l’élaboration des orientations correspondantes. C. 38 Canada Border 49. Subsection 40(1) of the French version of the Act is replaced by the following: Obligation de renseigner les gouvernements provinciaux 40. (1) Sous réserve des dispositions de la législation fiscale et de la Loi sur la protection des renseignements personnels relatives à la confidentialité, le commissaire est tenu de fournir aux gouvernements provinciaux pour le compte desquels l’Agence applique un programme, administre une taxe ou un impôt ou exerce une activité, l’information nécessaire à l’évaluation du programme, de la taxe, de l’impôt ou de l’activité et à l’élaboration des orientations correspondantes. 50. Subsection 60(3) of the French version of the Act is replaced by the following: Restriction (3) Ne constituent pas des recettes d’exploitation les taxes, impôts, droits, pénalités et intérêts perçus sous le régime de la législation fiscale ou d’une loi provinciale, ni les sommes perçues pour le compte d’un ministère, gouvernement ou organisme public. 51. Subsection 63(1) of the Act is replaced by the following: Agreements to administer a tax 63. (1) The Agency may enter into or amend an agreement with a provincial, territorial or aboriginal government to administer a tax or other fiscal measure if the agreement is in accordance with guidelines relating to agreements of that kind established jointly by the Minister and the Minister of Finance. 52. Section 186 of the Act and the heading before it are repealed. 1997, c. 6 CANADIAN FOOD INSPECTION AGENCY ACT 53. Section 11 of the Canadian Food Inspection Agency Act is amended by adding the following after subsection (4): Role of Canada Border Services Agency (5) The Canada Border Services Agency is responsible for the enforcement of the program legislation referred to in paragraph (b) of the definition “program legislation” in section 2 of Agence des services fr 2004-2005 the Canada Border Services Agency Act as that program legislation relates to the delivery of passenger and initial import inspection services performed at airports and other Canadian border points other than import service centres. R.S., c. 47 (4th Supp.) CANADIAN INTERNATIONAL TRADE TRIBUNAL ACT 54. Subsection 2(1) of the Canadian International Trade Tribunal Act is amended by adding the following in alphabetical order: “President” « président » “President” means the President of the Canada Border Services Agency appointed under subsection 7(1) of the Canada Border Services Agency Act. 55. Every reference to the “Commissioner of Customs and Revenue” or the “Commissioner” in the following provisions of the Act is replaced by a reference to the “President”: (a) subsections 26(4) and (5); (b) subsections 28(1) and (2); and (c) paragraph 49(b). Application 56. Subsections 2(1), 26(4) and (5) and 28(1) and (2) and paragraph 49(b) of the Canadian International Trade Tribunal Act, as amended by sections 54 and 55 of this Act, apply to goods of a NAFTA country, as defined in subsection 2(2) of that Act. 1994, c. 31 DEPARTMENT OF CITIZENSHIP AND IMMIGRATION ACT 57. Section 4 of the Department of Citizenship and Immigration Act is replaced by the following: Powers, duties and functions of Minister 4. The powers, duties and functions of the Minister extend to and include all matters over which Parliament has jurisdiction relating to citizenship and immigration and that are not by law assigned to any other department, board or agency of the Government of Canada. C. 38 Canada Border R.S., c. C-46 CRIMINAL CODE 2002, c. 22, s. 324 58. (1) Paragraph (d) of the definition “peace officer” in section 2 of the Criminal Code is replaced by the following: (d) an officer within the meaning of the Customs Act, the Excise Act or the Excise Act, 2001, or a person having the powers of such an officer, when performing any duty in the administration of any of those Acts, (d.1) an officer authorized under subsection 138(1) of the Immigration and Refugee Protection Act, 2001, c. 41, s. 2(2) (2) The definition “justice system participant” in section 2 of the Act is amended by replacing subparagraph (b)(ix) with the following: (ix) an employee of the Canada Revenue Agency who is involved in the investigation of an offence under an Act of Parliament, (ix.1) an employee of the Canada Border Services Agency who is involved in the investigation of an offence under an Act of Parliament, R.S., c. C-51 CULTURAL PROPERTY EXPORT AND IMPORT ACT 1999, c. 17, s. 121 59. Section 5 of the Cultural Property Export and Import Act is replaced by the following: Designation of permit officers 5. The Minister, with the approval of the Solicitor General of Canada, may designate any persons or classes of persons employed by the Canada Border Services Agency as permit officers to receive applications for export permits and to issue export permits under this Act. R.S., c. 1 (2nd Supp.) CUSTOMS ACT 1999, c. 17, s. 123(2) 60. (1) The definition “Commissioner” in subsection 2(1) of the Customs Act is repealed. 2004-2005 2001, c. 25, s. 1(2) Agence des services fr (2) The definitions “Agency” and “Minister” in subsection 2(1) of the Act are replaced by the following: “Agency” « Agence » “Agency” means the Canada Border Services Agency; “Minister” « ministre » “Minister” means, except in Part V.1, the Solicitor General of Canada; (3) Subsection 2(1) of the Act is amended by adding the following in alphabetical order: “President” « président » “President” means the President of the Canada Border Services Agency appointed under subsection 7(1) of the Canada Border Services Agency Act; 2001, c. 25, s. 1(4)(F) (4) Subsection 2(3) of the Act is replaced by the following: Powers, duties and functions of President (3) Any power, duty or function of the President under this Act may be exercised or performed by any person, or by any officer within a class of officers, authorized by the President to do so and, if so exercised or performed, is deemed to have been exercised or performed by the President. (5) Section 2 of the Act is amended by adding the following after subsection (4): Delegation by Minister (5) The Minister may authorize a person employed by the Canada Revenue Agency, or a class of those persons, to exercise powers or perform duties of the Minister, including any judicial or quasi-judicial powers or duties of the Minister, under this Act. Delegation by Minister of National Revenue (6) The Minister of National Revenue may authorize a person employed by the Canada Revenue Agency or the Agency, or a class of those persons, to exercise powers or perform duties of that Minister, including any judicial or quasi-judicial powers or duties of that Minister, under this Act. 2001, c. 25, s. 3 61. Subsection 3.3(1) of the Act is replaced by the following: C. 38 Waiver of penalty or interest 3.3 (1) Except with respect to the collection of any debt due to Her Majesty under Part V.1, the Minister or any officer designated by the President for the purposes of this section may at any time waive or cancel all or any portion of any penalty or interest otherwise payable by a person under this Act. 1992, c. 28, s. 2(1) 62. Subsection 3.4(1) of the Act is replaced by the following: Additional security 3.4 (1) Where security has been given to the Minister by a person under a provision of this Act and the Minister or any officer (in this section referred to as a “designated officer”) designated by the President for the purposes of this section determines that the security that has been given is no longer adequate, the Minister or a designated officer may, by notice served personally or by registered or certified mail, require additional security to be given by or on behalf of the person within such reasonable time as may be stipulated in the notice. 1992, c. 28, s. 5(1) 63. Subsection 32(7) of the Act is replaced by the following: Authorization to account (7) The Minister or an officer designated by the President for the purposes of this subsection may authorize any person not resident in Canada to account for goods under this section, in such circumstances and under such conditions as may be prescribed, in lieu of the importer or owner of those goods. 1992, c. 28, s. 7(1) 64. Section 33.2 of the Act is replaced by the following: Notice requiring accounting 33.2 The Minister or any officer designated by the President for the purposes of this section may, by notice served personally or by registered or certified mail, require any person to account, within such reasonable time as may be stipulated in the notice, in the manner described in paragraph 32(1)(a), for any goods as may be designated in the notice. 1992, c. 28, s. 7(1) 65. Section 33.5 of the Act is replaced by the following: Canada Border 2004-2005 Agence des services fr Notice requiring payment 33.5 The Minister or any officer designated by the President for the purposes of this section may, by notice served personally or by registered or certified mail, require any person to pay any amount owing as duties, within such reasonable time as may be stipulated in the notice, on any goods as may be designated in the notice. 1992, c. 28, s. 7(1) 66. Subsection 33.7(1) of the Act is replaced by the following: Extension of time 33.7 (1) The Minister or any officer designated by the President for the purposes of this section may at any time extend in writing the time prescribed by the regulations made under this Part for the accounting of goods or the payment of any amount owing as duties. 1993, c. 44, s. 83 67. The portion of subsection 35.02(2) of the Act before paragraph (a) is replaced by the following: Notice requiring marking or compliance (2) The Minister or any officer designated by the President for the purposes of this section may, by notice served personally or by registered mail, require any person 2001, c. 25, s. 32 68. The portion of subsection 42(2) of the Act before paragraph (a) is replaced by the following: Inspections (2) An officer, or an officer within a class of officers, designated by the President for the purposes of this section, may at all reasonable times, for any purpose related to the administration or enforcement of this Act, 2001, c. 25, s. 33 69. Section 42.01 of the Act is replaced by the following: Methods of verification 42.01 An officer, or an officer within a class of officers, designated by the President for the purposes of this section may conduct a verification of origin (other than a verification of origin referred to in section 42.1), verification of tariff classification or verification of value for duty in respect of imported goods in the manner that is prescribed and may for that purpose at all reasonable times enter any prescribed premises. C. 38 1997, c. 14, s. 38 70. The portion of subsection 42.1(1) of the Act before paragraph (a) is replaced by the following: Methods of verification 42.1 (1) Any officer, or any officer within a class of officers, designated by the President for the purposes of this section, or any person, or any person within a class of persons, designated by the President to act on behalf of such an officer, may, subject to the prescribed conditions, 2001, c. 25, s. 36 71. The portion of subsection 43.1(1) of the Act before paragraph (a) is replaced by the following: Advance rulings 43.1 (1) Any officer, or any officer within a class of officers, designated by the President for the purposes of this section shall, before goods are imported, on application by any member of a prescribed class that is made within the prescribed time, in the prescribed manner and in the prescribed form containing the prescribed information, give an advance ruling with respect to 2001, c. 25, s. 39(1) 72. Subsection 57.01(1) of the Act is replaced by the following: Marking determination 57.01 (1) Any officer, or any officer within a class of officers, designated by the President for the purposes of this section may, at or before the time goods imported from a NAFTA country are accounted for under subsection 32(1), (3) or (5), in the prescribed manner and subject to the prescribed conditions, make a determination as to whether the goods have been marked in the manner referred to in section 35.01. 1997, c. 36, s. 166 73. Subsection 58(1) of the Act is replaced by the following: Determination by officer 58. (1) Any officer, or any officer within a class of officers, designated by the President for the purposes of this section, may determine the Canada Border 2004-2005 Agence des services fr origin, tariff classification and value for duty of imported goods at or before the time they are accounted for under subsection 32(1), (3) or (5). 2001, c. 25, s. 41(1) 74. The portion of subsection 59(1) of the Act before paragraph (a) is replaced by the following: Re-determination or further redetermination 59. (1) An officer, or any officer within a class of officers, designated by the President for the purposes of this section may 75. Section 97.21 of the Act is amended by adding the following in alphabetical order: “Commissioner” « commissaire » “Minister” « ministre » “Commissioner” means the Commissioner of Revenue appointed under section 25 of the Canada Revenue Agency Act. “Minister” means the Minister of National Revenue. 76. The Act is amended by adding the following after section 97.21: ANCILLARY POWERS Ancillary powers 97.211 (1) The Minister may, for the purposes of administering or enforcing this Part, exercise any of the following powers that are necessary for the collection of debts due to Her Majesty under this Part: (a) the powers provided for in paragraphs (a) and (b) of the definition “prescribed” in subsection 2(1) as well as those provided for in subsections 3.3(1) and (2), 43(1) and 115(1); and (b) any other powers that are conferred under any provision of this Act that is specified by the Governor in Council on the recommendation of the Minister and the Solicitor General of Canada. Publication (2) An order made for the purpose of subsection (1) must be published in Part II of the Canada Gazette as soon as practicable after it is made. 2001, c. 25, s. 58(1) 77. Subsection 97.22(3) of the Act is replaced by the following: C. 38 Amounts demanded (3) Any amount of money demanded under paragraph 133(1)(c) or (1.1)(b) and any interest payable under subsection 133(7), from and after the time notice is served under subsection 131(2), is a debt due to Her Majesty in right of Canada from the person who requested the decision and the person shall pay the amount so demanded or, if the person appeals the decision of the Solicitor General of Canada under section 135, give security satisfactory to that Minister. 2001, c. 25, s. 58(1) 78. (1) Subsection 97.34(2) of the Act is replaced by the following: Appeal to Federal Court (2) If a person has appealed a decision of the Solicitor General of Canada to the Federal Court under section 97.23 or 135, the Minister must not take any action described in subsection (1) to collect the amount in controversy before the date of the decision of the Court or the day on which the person discontinues the appeal. 2001, c. 25, s. 58(1); 2002, c. 8, s. 193 (2) Subsections 97.34(4) and (5) of the Act are replaced by the following: Effect of appeal (4) If a person has made a request under section 60 or 129 or has appealed under section 67 or 68 and the person agrees in writing with the Solicitor General of Canada to delay proceedings on the request or appeal, as the case may be, until judgment has been given in another action before the Federal Court, the Canadian International Trade Tribunal or the Supreme Court of Canada, in which action the issue is the same or substantially the same as that raised in the request or appeal of the person, the Minister may take any of the actions described in subsection (1) for the purpose of collecting the amount payable, or a part of the amount payable, determined in a manner consistent with the decision or judgment in the other action at any time after the Solicitor General of Canada notifies the person in writing that Canada Border (a) the decision of the Canadian International Trade Tribunal or Federal Court in that action has been mailed to the Solicitor General of Canada; (b) judgment has been pronounced by the Federal Court of Appeal in that action; or 2004-2005 Agence des services fr (c) judgment has been delivered by the Supreme Court of Canada in that action. Effect of taking security (5) The Minister must not, for the purpose of collecting an amount payable, or a part of an amount payable, under this Act, take any of the actions described in subsection (1) if a person has given security to the Solicitor General of Canada when requesting or appealing from a decision of that Minister or the President. 2001, c. 25, s. 58(1) 79. Subsection 97.5(3) of the Act is replaced by the following: How application made (3) The application must be made by delivering or mailing the application and a copy of the notice of objection to the Chief of Appeals in a Tax Services Office or Taxation Centre of the Canada Revenue Agency. 2001, c. 25, s. 61 80. (1) Paragraph (a) of the definition “customs information” in subsection 107(1) of the Act is replaced by the following: (a) relates to one or more persons and is obtained by or on behalf of (i) the Minister for the purposes of this Act or the Customs Tariff, or (ii) the Minister of National Revenue for the purposes of the collection of debts due to Her Majesty under Part V.1; 2001, c. 25, s. 61, c. 41, s. 121 Authorized use of customs information by official (2) Subsection 107(3) of the Act is replaced by the following: (3) An official may use customs information (a) for the purposes of administering or enforcing this Act, the Customs Tariff, the Excise Act, 2001, the Special Imports Measures Act or Part 2 of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act or for any purpose set out in subsection (4), (5) or (7); (b) for the purposes of exercising the powers or performing the duties and functions of the Solicitor General of Canada under the C. 38 Canada Border Immigration and Refugee Protection Act, including establishing a person’s identity or determining their inadmissibility; or (c) for the purposes of any Act or instrument made under it, or any part of such an Act or instrument, that the Governor in Council or Parliament authorizes the Minister, the Agency, the President or an employee of the Agency to enforce, including the Agriculture and Agri-Food Administrative Monetary Penalties Act, the Canada Agricultural Products Act, the Feeds Act, the Fertilizers Act, the Fish Inspection Act, the Health of Animals Act, the Meat Inspection Act, the Plant Protection Act and the Seeds Act. 2001, c. 25, s. 61, c. 41, s. 121 (3) Paragraphs 107(4)(c) and (d) of the Act are replaced by the following: (c) may reasonably be regarded as necessary solely for a purpose relating to the administration or enforcement of this Act, the Customs Tariff, the Excise Act, the Excise Act, 2001, the Excise Tax Act, the Export and Import Permits Act, the Immigration and Refugee Protection Act, the Special Import Measures Act or Part 2 of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act by an official of the Agency; (c.1) may reasonably be regarded as necessary solely for a purpose relating to the enforcement of the Agriculture and AgriFood Administrative Monetary Penalties Act, the Canada Agricultural Products Act, the Feeds Act, the Fertilizers Act, the Fish Inspection Act, the Health of Animals Act, the Meat Inspection Act, the Plant Protection Act and the Seeds Act by an official of the Agency; (c.2) may reasonably be regarded as necessary solely for a purpose relating to the administration or enforcement of Part V.1 by an official or a class of officials of the Canada Revenue Agency designated by the Minister of National Revenue; 2004-2005 Agence des services fr (d) may reasonably be regarded as necessary solely for a purpose relating to the administration or enforcement of this Act, the Excise Act, the Excise Act, 2001 or the Export and Import Permits Act by a member of the Royal Canadian Mounted Police; (4) Subsection 107(5) of the Act is amended by adding the following after paragraph (g): (g.1) an official of the Canada Revenue Agency solely for a purpose relating to the administration or enforcement of the Canada Pension Plan, the Employment Insurance Act, the Excise Act, the Excise Act, 2001, the Excise Tax Act or the Income Tax Act; (5) Subsection 107(5) of the Act is amended by adding the following after paragraph (j): (j.1) an official of the Canadian Food Inspection Agency for the purpose of administering or enforcing any Act referred to in section 11 of the Canadian Food Inspection Agency Act if the information relates to the import, export or in-transit movement of goods into or out of Canada; 2001, c. 25, s. 61 (6) The portion of subsection 107(12) of the Act before paragraph (a) is replaced by the following: Appeal from order to disclose customs information (12) An order or direction that is made in the course of or in connection with any legal proceeding and that requires an official to give or produce evidence relating to customs information may, by notice served on all interested parties, be immediately appealed by the Minister or the Minister of National Revenue, as the case may be, or by the person against whom the order or direction is made C. 38 2001, c. 25, s. 68 81. The portion of subsection 127.1(1) of the Act before paragraph (a) is replaced by the following: Corrective measures 127.1 (1) The Minister, or any officer designated by the President for the purposes of this section, may cancel a seizure made under section 110, cancel or reduce a penalty assessed under section 109.3 or an amount demanded under section 124 or refund an amount received under any of sections 117 to 119 within thirty days after the seizure, assessment or demand, if 2001, c. 25, s. 80 82. Section 149.1 of the Act is replaced by the following: Proof of no appeal 149.1 An affidavit of an officer, sworn before a commissioner or other person authorized to take affidavits, setting out that the officer has charge of the appropriate records and has knowledge of the practice of the Agency or the Canada Revenue Agency, as the case may be, and that an examination of the records shows that a notice of assessment under Part V.1 was mailed or otherwise sent to a person under this Act and that, after careful examination and search of the records, the officer has been unable to find that a notice of objection or of appeal from the assessment was received within the time allowed for the notice, is evidence of the statements contained in the affidavit. 1998, c. 7, s. 1 83. Subsection 163.4(1) of the Act is replaced by the following: Designation by President 163.4 (1) The President may designate any officer for the purposes of this Part and shall provide the officer with a certificate of designation. Canada Border 84. Every reference to the “Minister” in the following provisions of the Act is replaced by a reference to the “Solicitor General of Canada”: Agence des services fr 2004-2005 (a) subsection 97.22(2); (b) section 97.23; and (b) section 97.27. 85. Every reference to “Commissioner” or “Commissioner’s” in the following provisions of the Act is replaced by a reference to “President” or “President’s”, respectively: (a) the heading before section 60; (b) subsections 60(3) to (5); (c) subsections 60.1(1) and (3) to (5); (d) subsections 60.2(1) and (2); (e) subsections 61(1) and (2); (f) subsection 67(1); (g) subsection 67.1(3); (h) subsection 68(1); (i) subsection 69(2); (j) subsection 70(1); (k) subsection 97.34(3); (l) subsection 114(2); (m) section 128; (n) subsection 130(1); (o) section 137; and (p) subsection 141(1). R.S., c. C-53 CUSTOMS AND EXCISE OFFSHORE APPLICATION ACT 1999, c. 17, s. 129(1) 86. (1) Subsection 4(1) of the Customs and Excise Offshore Application Act is replaced by the following: Information and documentation 4. (1) The President of the Canada Border Services Agency may require from any person, within any reasonable time that the President stipulates, the production of any book, record, writing or other document or any information that the President considers necessary for ascertaining whether any of sections 5 to 10 apply in any particular case. C. 38 1999, c. 17, s. 129(2)(E) (2) Subsection 4(2) of the English version of the Act is replaced by the following: Offence (2) Every person who fails to comply with a requirement of the President under subsection (1) is guilty of an offence punishable on summary conviction. Canada Border 1997, c. 36 CUSTOMS TARIFF 1999, c. 17, s. 130 87. The portion of subsection 68(3) of the Act before paragraph (a) is replaced by the following: Non-application to goods in transit (3) The President of the Canada Border Services Agency may relieve goods from payment of a surtax imposed by an order under subsection (1) if the President is of the opinion that 88. Paragraph 108(c) of the Act is replaced by the following: (c) in respect of goods of tariff item No. 9993.00.00, when the goods are destroyed in the manner that the Solicitor General of Canada directs or the destruction is certified by a customs officer or another person designated by the President of the Canada Border Services Agency; 89. Every reference to the “ministre du Revenu national” in the following provisions of the French version of the Act is replaced by a reference to the “solliciteur général du Canada”: (a) paragraph 102(b); (b) paragraph 111(a); (c) paragraph 113(3)(c); and (d) section 119. 2004-2005 Agence des services fr 1996, c. 23 EMPLOYMENT INSURANCE ACT 1999, c. 17, s. 133 90. Subsection 102(13) of the Employment Insurance Act is replaced by the following: Proof of documents (13) Every document appearing to be an order, direction, demand, notice, certificate, requirement, decision, assessment, discharge of mortgage, release of hypothec or other document executed under, or in the course of the administration or enforcement of, this Part over the name in writing of the Minister, the Deputy Minister of National Revenue, the Commissioner of Customs and Revenue, the Commissioner of Revenue or an officer authorized to exercise the powers or perform the duties of the Minister under this Part, is deemed to be a document signed, made and issued by the Minister, the Deputy Minister, the Commissioner of Customs and Revenue, the Commissioner of Revenue or the officer unless it has been called into question by the Minister or by a person acting for the Minister or for Her Majesty. R.S., c. E-14 R.S., c. 1 (2nd Supp.), s. 213(2) (Sch. II, item 5(F)); 1999, c. 17, s. 139(5) “collector” « receveur » “Commissioner” « commissaire » 2002, c. 22 EXCISE ACT 91. The definitions “collector” and “Commissioner” in section 2 of the Excise Act are replaced by the following: “collector” means every officer of excise who is appointed to collect the duties imposed by this Act in any defined district or excise division; “Commissioner” means the Commissioner of Revenue appointed under section 25 of the Canada Revenue Agency Act; EXCISE ACT, 2001 92. The definitions “Agency”, “Commissioner” and “officer” in section 2 of the Excise Act, 2001 are replaced by the following: “Agency” « Agence » “Agency” means the Canada Revenue Agency continued by subsection 4(1) of the Canada Revenue Agency Act. 36 “Commissioner” « commissaire » “officer” « préposé » C. 38 Canada Border “Commissioner” means the Commissioner of Revenue appointed under section 25 of the Canada Revenue Agency Act. “officer” means, except in sections 167, 226 and 296, (a) a person who is appointed or employed in the administration or enforcement of this Act; (b) a member of the Royal Canadian Mounted Police or a member of a police force designated under subsection 10(1); and (c) with respect to imported goods that have not been released under the Customs Act, an officer as defined in subsection 2(1) of that Act. 93. Section 9 of the Act is amended by adding the following after subsection (2): Authorization (3) The Solicitor General of Canada may authorize a designated officer or agent, or a class of officers or agents, to exercise powers and perform duties of that Minister under section 68. 94. (1) Subsection 68(1) of the Act is replaced by the following: Availability and sampling of imported DA and SDA 68. (1) Any person who imports a product that is reported under the Customs Act as being denatured alcohol or specially denatured alcohol shall make the product available for sampling and the product is required to be sampled by the Solicitor General of Canada before it is released under that Act. (2) Subsections 68(3) and (4) of the Act are replaced by the following: Minister may waive (3) The Solicitor General of Canada may at any time waive the requirement to sample an imported product under subsection (1). Fees (4) The Solicitor General of Canada may fix fees to be paid by the importer of the product but those fees must not exceed an amount determined by that Minister to be the costs to Her Majesty in respect of the sampling and testing. 95. (1) Subsection 188(6) of the Act is replaced by the following: 2004-2005 Limitation on refunding overpayments Agence des services fr (6) An overpayment of duty payable for a fiscal month of a person and interest on the overpayment shall not be applied under paragraph (4)(b) or refunded under paragraph (4)(c) unless the person has, before the day on which notice of the assessment is sent to the person, filed all returns or other records that the person was required to file with (a) the Minister under this Act, the Excise Act, the Excise Tax Act and the Income Tax Act; or (b) the Solicitor General of Canada under the Customs Act. (2) Subparagraph 188(7)(b)(ii) of the Act is replaced by the following: (ii) the person has, before the day on which notice of the assessment is sent to him or her, filed all returns or other records that the person was required to file (A) with the Minister under this Act, the Excise Act, the Excise Tax Act and the Income Tax Act, or (B) with the Solicitor General of Canada under the Customs Act. 96. Subsection 189(4) of the Act is replaced by the following: Restriction (4) A refund shall not be paid until the person has filed with the Minister or the Solicitor General of Canada, all returns or other records that are required to be filed under this Act, the Customs Act, the Excise Act, the Excise Tax Act and the Income Tax Act. 97. The definition “confidential information” in subsection 211(1) of the Act is amended by striking out the word “or” at the end of paragraph (a) and by replacing paragraph (b) with the following: (a.1) obtained by or on behalf of the Solicitor General of Canada for the purposes of section 68; or (b) prepared from information referred to in paragraph (a) or (a.1). C. 38 Canada Border 98. Subsection 301(8) of the Act is replaced by the following: Proof of documents (8) Every document purporting to have been executed under or in the course of the administration or enforcement of this Act over the name in writing of the Minister, the Commissioner of Customs and Revenue, the Commissioner or an officer authorized to exercise the powers or perform the duties of the Minister under this Act is deemed to be a document signed, made and issued by the Minister, the Commissioner of Customs and Revenue, the Commissioner or the officer, unless it has been called into question by the Minister or a person acting for the Minister or for Her Majesty. Proof of documents: Canada Border Services Agency (8.1) Every document purporting to have been executed under or in the course of the administration or enforcement of this Act over the name in writing of the Solicitor General of Canada, the President of the Canada Border Services Agency or an officer authorized to exercise the powers or perform the duties of that Minister under this Act is deemed to be a document signed, made and issued by that Minister, the President or the officer, unless it has been called into question by that Minister or a person acting for that Minister or for Her Majesty. R.S., c. E-15 EXCISE TAX ACT 1999, c. 17, s. 145(3) 99. The definitions “Agency” and “Commissioner” in subsection 2(1) of the Excise Tax Act are replaced by the following: “Agency” « Agence » “Commissioner” « commissaire » “Agency” means the Canada Revenue Agency continued by subsection 4(1) of the Canada Revenue Agency Act; “Commissioner” means the Commissioner of Revenue appointed under section 25 of the Canada Revenue Agency Act; 100. Subsection 59(2) of the Act is replaced by the following: Delegation of powers (2) The Minister may authorize a designated officer or agent, or officer or agent of a designated class of officers or agents, to 2004-2005 Agence des services fr exercise powers or perform duties of the Minister, including judicial or quasi-judicial powers or duties, under this Act. R.S., c. 7 (2nd Supp.), s. 34(1); 1995, c. 41, s. 114; 2002, c. 22, s. 381(2) 101. Subsections 70(2) to (4) of the Act are replaced by the following: Specific sum (2) The Minister may, under regulations of the Governor in Council, pay a specific sum in lieu of a drawback under subsection (1) in any case where a specific sum in lieu of a drawback of duties is granted under section 117 of the Customs Tariff. Drawback on imported goods (2.1) On application, the Solicitor General of Canada may, under section 113 of the Customs Tariff, grant a drawback of the tax imposed under Part III and paid on or in respect of goods imported into Canada. Application for drawback (3) An application for a drawback under subsection (1) shall be made in the prescribed form and contain the prescribed information and shall be filed with the Minister within such time and in such manner as the Governor in Council may, by regulation, prescribe. Evidence (4) No drawback shall be granted under subsection (1) unless the person applying for the drawback provides such evidence in support of the application as the Minister may require. R.S., c. 7 (2nd Supp.), s. 50(1); 1999, c. 17, par. 156(e) 102. (1) Subsections 105(6) of the Act is replaced by the following: Proof of documents (5.1) An affidavit of an officer of the Canada Border Services Agency, sworn before a commissioner or other person authorized to take affidavits, setting out (a) that the officer has charge of the appropriate records, and (b) that a document annexed to the affidavit is a document or a true copy of a document, or a print-out of an electronic document, made by or on behalf of the Solicitor General C. 38 Canada Border of Canada or a person exercising the powers of that Minister or by or on behalf of a person, is evidence of the nature and contents of the document. Proof of no objection (6) An affidavit of an officer of the Agency or the Canada Border Services Agency, sworn before a commissioner or other person authorized to take affidavits, setting out (a) that the officer has charge of the appropriate records, (b) that the officer has knowledge of the practice of the Agency or the Canada Border Services Agency, as the case may be, (c) that an examination of the records shows that a notice of determination or a notice of assessment was sent to a person on a named day pursuant to this Act, and (d) that after careful examination of the records the officer was unable to find that a notice of objection to the determination or assessment was received within the time limited for it, is evidence of the statements contained in the affidavit. R.S., c. 7 (2nd Supp.), s. 50(1); 1999, c. 17, par. 156(e) (2) Subsection 105(9) of the Act is replaced by the following: Presumption (9) Where evidence is offered under this section by an affidavit from which it appears that the person making the affidavit is an officer of the Agency or the Canada Border Services Agency, as the case may be, it is not necessary to prove his or her signature or that the person is such an officer, nor is it necessary to prove the signature or official character of the person before whom the affidavit was sworn. 2001, c. 17, s. 235 103. Subsection 106.1(1) of the Act is replaced by the following: Presumption 106.1 (1) Every document purporting to be an order, direction, notice, certificate, requirement, decision, determination, assessment, discharge of mortgage or acquittance of a hypothecary claim or other document and 2004-2005 Agence des services fr purporting to have been executed under, or in the course of the administration or enforcement of, this Act or the regulations over the name in writing of the Minister, the Deputy Minister of National Revenue, the Commissioner of Customs and Revenue, the Commissioner or an officer authorized by the Minister to exercise his or her powers or perform his or her duties or functions under this Act is deemed to be a document signed, made and issued by the Minister, Deputy Minister, Commissioner of Customs and Revenue, the Commissioner or the officer, unless called into question by the Minister or by some person acting for the Minister or Her Majesty. Presumption (1.1) Every document purporting to be an order, a direction, a notice, a certificate, a requirement, a decision, a determination, an assessment, a discharge of mortgage or an acquittance of a hypothecary claim or other document and purporting to have been executed under, or in the course of the administration or enforcement of, this Act or the regulations over the name in writing of the Solicitor General of Canada, the President of the Canada Border Services Agency or an officer authorized by that Minister to exercise his or her powers or perform his or her duties or functions under this Act is deemed to be a document signed, made and issued by that Minister, the President or the officer, unless called into question by that Minister or by some person acting for that Minister or Her Majesty. 1999, c. 17, s. 152(2) 104. The definitions “Agency” and “Commissioner” in subsection 123(1) of the Act are replaced by the following: “Agency” « Agence » “Commissioner” « commissaire » 1993, c. 27, s. 81(1) “Agency” means the Canada Revenue Agency continued by subsection 4(1) of the Canada Revenue Agency Act; “Commissioner” means the Commissioner of Revenue appointed under section 25 of the Canada Revenue Agency Act; 105. (1) Paragraph 215.1(2)(b) of the Act is replaced by the following: C. 38 Canada Border (b) the Solicitor General of Canada has, under any of sections 73, 74 and 76 of the Customs Act, granted an abatement or refund of all or part of the duties paid on the goods, 1993, c. 27, s. 81(1) (2) Paragraph 215.1(3)(b) of the Act is replaced by the following: (b) if the goods had been subject to duties under the Customs Act, the Solicitor General of Canada would, because of any of the circumstances described in paragraph 73(a) or (b) or 74(1)(a), (b) or (c) or subsection 76(1) of that Act, have granted, under section 73, 74 or 76 of that Act, an abatement or refund of all or part of the duties paid on the goods, 1997, c. 10, s. 41.1(1); 1999, c. 17, par. 155(d) 106. Subsection 216(5) of the Act is replaced by the following: Application of Part IX and Tax Court of Canada Act (5) The provisions of this Part and of the Tax Court of Canada Act that apply to an appeal taken under section 302 apply, with such modifications as the circumstances require, to an appeal taken under subsection 67(1) of the Customs Act from a decision of the President of the Canada Border Services Agency made under section 60 or 61 of that Act in a determination of the tax status of goods as if the decision of the President were a confirmation of an assessment or a reassessment made by the Minister under subsection 301(3) or (4) as a consequence of a notice of objection filed under subsection 301(1.1) by the person to whom the President is required to give notice under section 60 or 61 of the Customs Act, as the case may be, of the decision. 1990, c. 45, s. 12(1); 1999, c. 17, s. 154, par. 156(j) 107. Subsections 335(6) to (8) of the Act are replaced by the following: Proof of documents (5.1) An affidavit of an officer of the Canada Border Services Agency, sworn before a commissioner or other person authorized to take affidavits, setting out that the officer has charge of the appropriate records and that a document annexed to the affidavit is a document 2004-2005 Agence des services fr or a true copy of a document, or a printout of an electronic document, made by or on behalf of the Solicitor General of Canada or a person exercising the powers of that Minister or by or on behalf of a person, is evidence of the nature and contents of the document. Proof of no appeal (6) An affidavit of an officer of the Agency or the Canada Border Services Agency, sworn before a commissioner or other person authorized to take affidavits, setting out that the officer has charge of the appropriate records and has knowledge of the practice of the Agency or the Canada Border Services Agency, as the case may be, and that an examination of the records shows that a notice of assessment was mailed or otherwise sent to a person on a particular day under this Part and that, after careful examination and search of the records, the officer has been unable to find that a notice of objection or of appeal from the assessment, as the case may be, was received within the time allowed, is evidence of the statements contained in the affidavit. Presumption (7) Where evidence is offered under this section by an affidavit from which it appears that the person making the affidavit is an officer of the Agency or the Canada Border Services Agency, as the case may be, it is not necessary to prove the signature of the person or that the person is such an officer, nor is it necessary to prove the signature or official character of the person before whom the affidavit was sworn. Proof of documents (8) Every document purporting to have been executed under or in the course of the administration or enforcement of this Part over the name in writing of the Minister, the Deputy Minister of National Revenue, the Commissioner of Customs and Revenue, the Commissioner or an officer authorized to exercise the powers or perform the duties of the Minister under this Part, shall be deemed to be a document signed, made and issued by the Minister, the Deputy Minister, the Commissioner of Customs and Revenue, the Commissioner or the officer, unless it has been called in C. 38 Canada Border question by the Minister or a person acting for the Minister or for Her Majesty in right of Canada. Proof of documents (8.1) Every document purporting to have been executed under or in the course of the administration or enforcement of this Part over the name in writing of the Solicitor General of Canada or the President of the Canada Border Services Agency, or an officer authorized to exercise the powers or perform the duties of that Minister under this Part, shall be deemed to be a document signed, made and issued by that Minister, the President or the officer, unless it has been called in question by that Minister or a person acting for that Minister or for Her Majesty in right of Canada. 1992, c. 28, s. 41(1) 108. Section 1 of Part X of Schedule VI to the Act is replaced by the following: 1. A supply made by Canada Post Corporation of a service under an agreement made with the Solicitor General of Canada under subsection 147.1(3) of the Customs Act. 1997, c. 10, s. 254 109. Section 4 of Part I of Schedule X to the Act is replaced by the following: 4. Arms, military stores and munitions of war brought into a participating province by the Government of Canada in replacement of or in anticipation or actual exchange for similar goods loaned to or exchanged or to be exchanged with the governments of a foreign country designated by the Governor in Council under heading No. 98.10 of Schedule I to the Customs Tariff, under such regulations as the Solicitor General of Canada may make for purposes of heading No. 98.11 of that Act. 1997, c. 10, s. 254 110. Section 6 of Part I of Schedule X to the Act is replaced by the following: 6. Property, (other than advertising matter, tobacco or an alcoholic beverage) that is a casual donation sent by a person in a nonparticipating province to a person in a participating province, or brought into a particular participating province by a person who is not 2004-2005 Agence des services fr resident in the participating provinces as a gift to a person in that participating province, where the fair market value of the property does not exceed $60, under such regulations as the Solicitor General of Canada may make for purposes of heading No. 98.16 of Schedule I to the Customs Tariff. R.S., c. 4 (2nd Supp.) FAMILY ORDERS AND AGREEMENTS ENFORCEMENT ASSISTANCE ACT 1999, c. 31, s. 9(F) 111. Section 15 of the Family Orders and Agreements Enforcement Assistance Act is replaced by the following: Information banks that may be searched 15. The information banks that may be searched under this Part are the information banks designated by the regulations from among the information banks controlled by the Department of Human Resources Development, the Canada Revenue Agency and the Canada Employment Insurance Commission. R.S., c. F-9 FEEDS ACT 1997, c. 6, s. 46 112. Subsection 6(2) of the Feeds Act is replaced by the following: Designation (1.1) The President of the Canada Border Services Agency may designate inspectors under paragraph 9(2)(b) of the Canada Border Services Agency Act for the purposes of enforcing this Act. Certificate to be produced (2) Inspectors shall be given certificates in a form established by the President of the Canadian Food Inspection Agency or the President of the Canada Border Services Agency, as the case may be, attesting to their designation and, on entering any place under subsection 7(1), an inspector shall, if so required, produce the certificate to the person in charge of that place. R.S., c. F-10 1997, c. 6, s. 49 FERTILIZERS ACT 113. Subsection 6(2) of the Fertilizers Act is replaced by the following: C. 38 Designation (1.1) The President of the Canada Border Services Agency may designate inspectors under paragraph 9(2)(b) of the Canada Border Services Agency Act for the purposes of enforcing this Act. Certificate to be produced (2) Inspectors shall be given certificates in a form established by the President of the Canadian Food Inspection Agency or the President of the Canada Border Services Agency, as the case may be, attesting to their designation and, on entering any place under subsection 7(1), an inspector shall, if so required, produce the certificate to the person in charge of that place. R.S., c. F-11 SOR/2003-431 Canada Border FINANCIAL ADMINISTRATION ACT 114. Schedule I.1 to the Financial Administration Act is amended by striking out, in column I, the reference to Canada Border Services Agency Agence des services frontaliers du Canada and the corresponding reference in column II to the Appropriate Minister for that Agency. 115. Schedule II to the Act is amended by adding the following in alphabetical order: Canada Border Services Agency Agence des services frontaliers du Canada R.S., c. F-12 FISH INSPECTION ACT 1997, c. 6, s. 60 116. Subsection 17(2) of the Fish Inspection Act is replaced by the following: Designation (1.1) The President of the Canada Border Services Agency may designate inspectors under paragraph 9(2)(b) of the Canada Border Services Agency Act for the purposes of enforcing this Act. Certificate to be produced (2) Inspectors shall be given certificates in a form established by the President of the Canadian Food Inspection Agency or the President of the Canada Border Services Agency, as the case may be, attesting to their 2004-2005 Agence des services fr designation and, on entering any place under subsection 4(1), an inspector shall, if so required, produce the certificate to the person in charge of that place. 1990, c. 21 HEALTH OF ANIMALS ACT 1997, c. 6, s. 68 117. Subsection 32(2) of the Health of Animals Act is replaced by the following: Designation (1.1) The President of the Canada Border Services Agency may designate inspectors under paragraph 9(2)(b) of the Canada Border Services Agency Act for the purposes of enforcing this Act. Certificate to be produced (2) Inspectors, officers and veterinary inspectors shall be given certificates in a form established by the President of the Canadian Food Inspection Agency or the President of the Canada Border Services Agency, as the case may be, attesting to their designation and, on entering any place under this Act, an inspector, officer or veterinary inspector shall show the certificate to the person in charge of the place if the person requests proof of the designation. 2001, c. 27 IMMIGRATION AND REFUGEE PROTECTION ACT 118. Section 4 of the Immigration and Refugee Protection Act is replaced by the following: Minister of Citizenship and Immigration 4. (1) Subject to subsection (2), the Minister of Citizenship and Immigration is responsible for the administration of this Act. Solicitor General of Canada (2) The Minister as defined in section 2 of the Canada Border Services Agency Act is responsible for the administration of this Act as it relates to (a) examinations at ports of entry; (b) the enforcement of this Act, including arrest, detention and removal; C. 38 Canada Border (c) the establishment of policies respecting the enforcement of this Act and inadmissibility on grounds of security, organized criminality or violating human or international rights; or (d) determinations under any of subsections 34(2), 35(2) and 37(2). Specification (3) Subject to subsections (1) and (2), the Governor in Council may specify (a) which Minister referred to in subsections (1) and (2) shall be the Minister for the purposes of any provision of this Act; and (b) that both Ministers may be the Minister for the purposes of any provision of this Act and the circumstances under which each Minister shall be the Minister. Publication (4) Any order made under subsection (3) must be published in Part II of the Canada Gazette. 2004, c. 15, s. 72 119. (1) Paragraphs 150.1(1)(a) and (b) of the Act are replaced by the following: (a) the collection, retention, use, disclosure and disposal of information for the purposes of this Act or for the purposes of program legislation as defined in section 2 of the Canada Border Services Agency Act; and (b) the disclosure of information for the purposes of national security, the defence of Canada or the conduct of international affairs, including the implementation of an agreement or arrangement entered into under section 5 of the Department of Citizenship and Immigration Act or section 13 of the Canada Border Services Agency Act. 2004, c. 15, s. 72 (2) Subsection 150.1(2) of the Act is replaced by the following: Conditions (2) Regulations made under subsection (1) may include conditions under which the collection, retention, use, disposal and disclosure may be made. 2004-2005 R.S., c. 1 (5th Supp.) Agence des services fr INCOME TAX ACT 120. Subsection 244(13) of the Income Tax Act is replaced by the following: Proof of documents (13) Every document purporting to have been executed under, or in the course of the administration or enforcement of, this Act over the name in writing of the Minister, the Deputy Minister of National Revenue, the Commissioner of Customs and Revenue, the Commissioner of Revenue or an officer authorized to exercise a power or perform a duty of the Minister under this Act is deemed to have been signed, made and issued by the Minister, the Deputy Minister, the Commissioner of Customs and Revenue, the Commissioner of Revenue or the officer unless it has been called in question by the Minister or by a person acting for the Minister or Her Majesty. R.S., c. 25 (1st Supp.) MEAT INSPECTION ACT 1997, c. 6, s. 72 “inspector” « inspecteur » 121. The definition “inspector” in subsection 2(1) of the Meat Inspection Act is replaced by the following: “inspector” means a person designated as an inspector pursuant to subsection 12(1) or (1.1); 1997, c. 6, s. 73 122. Subsection 12(2) of the Act is replaced by the following: Designation (1.1) The President of the Canada Border Services Agency may designate inspectors under paragraph 9(2)(b) of the Canada Border Services Agency Act for the purposes of enforcing this Act. Certificate to be produced (2) Inspectors shall be given certificates in a form established by the President of the Canadian Food Inspection Agency or the President of the Canada Border Services Agency, as the case may be, attesting to their designation and, on entering any place or vehicle referred to in subsection 13(1), an inspector shall, if so required, produce the certificate to the person in charge of that place or vehicle. 50 1990, c. 22 C. 38 Canada Border PLANT PROTECTION ACT 1997, c. 6, s. 82 123. Subsection 21(2) of the Plant Protection Act is replaced by the following: Designation (1.1) The President of the Canada Border Services Agency may designate inspectors under paragraph 9(2)(b) of the Canada Border Services Agency Act for the purposes of enforcing this Act. Certificate to be produced (2) Inspectors shall be given certificates in a form established by the President of the Canadian Food Inspection Agency or the President of the Canada Border Services Agency, as the case may be, attesting to their designation and, on entering any place under this Act, an inspector shall show the certificate to the person in charge of the place if the person requests proof of the inspector’s designation. 2000, c. 17; 2001, c. 41, s. 48 PROCEEDS OF CRIME (MONEY LAUNDERING) AND TERRORIST FINANCING ACT 124. (1) The definition “Commissioner” in section 2 of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act is repealed. (2) The definition “Minister” in section 2 of the Act is replaced by the following: “Minister” « ministre » “Minister” means, in relation to sections 25 to 39, the Solicitor General of Canada and, in relation to any other provision of this Act, the member of the Queen’s Privy Council for Canada who is designated by the Governor in Council as the Minister for the purposes of that provision. (3) Section 2 of the Act is amended by adding the following definition in alphabetical order: “President” « président » “President” means the President of the Canada Border Services Agency appointed under subsection 7(1) of the Canada Border Services Agency Act. 125. Paragraph 38(1)(a) of the Act is replaced by the following: 2004-2005 Agence des services fr (a) information set out in reports made under subsection 12(1) in respect of currency or monetary instruments imported into Canada from that state will be provided to a department, institution or agency of that state that has powers and duties similar to those of the Canada Border Services Agency in respect of the reporting of currency or monetary instruments; and 126. (1) Paragraph 55(3)(b) of the Act is replaced by the following: (b) the Canada Revenue Agency, if the Centre also determines that the information is relevant to an offence of evading or attempting to evade paying taxes or duties imposed under an Act of Parliament administered by the Minister of National Revenue; (b.1) the Canada Border Services Agency, if the Centre also determines that the information is relevant to an offence of evading or attempting to evade paying taxes or duties imposed under an Act of Parliament administered by the Agency; and 2001, c. 41, s. 123(1) (2) Paragraph 55(3)(d) of the Act is replaced by the following: (d) the Canada Border Services Agency, if the Centre also determines that the information would promote the objective set out in paragraph 3(1)(i) of the Immigration and Refugee Protection Act and is relevant to determining whether a person is a person described in sections 34 to 42 of that Act or to an offence under any of sections 117 to 119, 126 or 127 of that Act. (3) Section 55 of the Act is amended by adding the following after subsection (3): Exception (3.1) Paragraph (3)(b) or (b.1) does not apply in respect of an offence relating to taxes or duties imposed under a prescribed Act or a prescribed portion of an Act. 127. Every reference to “Commissioner” or “Commissioner’s” in the following provisions of the Act is replaced by a reference to “President” or “President’s”, respectively: C. 38 Canada Border (a) section 20; (b) subsection 26(1); (c) section 31; (d) subsections 32(3) and (4); (e) subsection 35(1); and (f) subsection 39(2). R.S., c. P-36 PUBLIC SERVICE SUPERANNUATION ACT 128. Part I of Schedule I to the Public Service Superannuation Act is amended by adding the following in alphabetical order: Canada Border Services Agency Agence des services frontaliers du Canada R.S., c. R-9 ROYAL CANADIAN MINT ACT 129. The definition “Minister” in section 2 of the Royal Canadian Mint Act is repealed. 130. The Act is amended by adding the following after section 2: DESIGNATION OF MINISTER Power of Governor in Council 2.1 The Governor in Council may designate a member of the Queen’s Privy Council for Canada to be the Minister for the purposes of this Act. R.S., c. S-8 SEEDS ACT 1997, c. 6, s. 88 131. Subsection 5(2) of the Seeds Act is replaced by the following: Designation (1.1) The President of the Canada Border Services Agency may designate inspectors under paragraph 9(2)(b) of the Canada Border Services Agency Act for the purposes of enforcing this Act. Certificate to be produced (2) Inspectors shall be given certificates in a form established by the President of the Canadian Food Inspection Agency or the President of the Canada Border Services Agency, as the case may be, attesting to their designation and, on entering any place under 2004-2005 Agence des services fr subsection 6(1), an inspector shall show the certificate to the person in charge of the place if the person requests proof of the inspector’s designation. R.S., c. S-15 SPECIAL IMPORT MEASURES ACT 1999, c. 17, s. 180(2) 132. (1) The definition “Commissioner” in subsection 2(1) of the Special Import Measures Act is repealed. (2) The definition “Minister” in subsection 2(1) of the Act is replaced by the following: “Minister” « ministre » “Minister” means the Solicitor General of Canada; (3) Subsection 2(1) of the Act is amended by adding the following in alphabetical order: “President” « président » “President” means the President of the Canada Border Services Agency appointed under subsection 7(1) of the Canada Border Services Agency Act; 1999, c. 17, s. 182 133. Section 94 of the Act is replaced by the following: Ruling binding 94. A ruling given by the Tribunal on the question of who is the importer in Canada of any goods imported or to be imported into Canada is binding on the President, and on every person employed by the Canada Border Services Agency in the administration or enforcement of this Act, with respect to the particular goods in relation to which the ruling is given, unless the Tribunal is fraudulently misled or, in the case only of goods to be imported into Canada, material facts that are not available to the President at the time the Tribunal gives its ruling come to the President’s attention after it is given. 134. Every reference to “Commissioner” or “Commissioner’s” in the following provisions of the Act is replaced by a reference to “President” or “President’s”, respectively: (a) subparagraph (b)(iii) of the definition “properly documented” in subsection 2(1); (b) the definition “undertaking” or “undertakings” in subsection 2(1); C. 38 Canada Border (c) subsections 2(7.3), (7.4) and (9); (d) paragraph 4(2)(a); (e) paragraph 5(b); (f) paragraphs 6(b) and (c); (g) subsection 7(1); (h) subsections 8(1) to (2), (5) and (6); (i) the portion of subsection 9.2(1) before paragraph (a); (j) the portion of subsection 9.21(1) before paragraph (a); (k) the portion of section 9.3 before paragraph (a); (l) section 10; (m) subsections 12(2) and (3); (n) subsections 13.2(1), (3) and (4); (o) paragraph 15(d); (p) paragraphs 16(1)(a) to (c); (q) paragraph 16(2)(b); (r) sections 17 to 20; (s) subsections 25(1) and (2); (t) subsection 29(1); (u) subsection 30.2(2); (v) subsections 30.3(1) and (2); (w) subsection 30.4(2); (x) subsections 31(1) and (6) to (8); (y) subsections 31.1(1) to (4); (z) sections 32 to 39; (z.1) sections 41 to 41.2; (z.2) the portion of subsection 43(2) before paragraph (a); (z.3) the portion of section 46 after paragraph (b); (z.4) subsection 47(3); (z.5) sections 49 and 50; (z.6) sections 51 to 52; (z.7) section 53; (z.8) section 53.1; Agence des services fr 2004-2005 (z.9) subsection 55(1); (z.10) the heading before section 56; (z.11) section 57; (z.12) subsections 58(1.1) and (2); (z.13) subsections 59(1) to (3.1) and (4); (z.14) the portion of subsection 60(2) before paragraph (a); (z.15) subsection 61(1); (z.16) paragraph 62(1)(b); (z.17) subsections 76.01(1) and (6); (z.18) subsections 76.02(1) and (5); (z.19) subsections 76.03(3) and (6) to (11); (z.20) section 76.1; (z.21) the definition “appropriate authority” in subsection 77.01(1); (z.22) paragraphs (a), (b) and (d) to (f.1) of the definition “definitive decision” in subsection 77.01(1); (z.23) the definition “appropriate authority” in subsection 77.1(1); (z.24) paragraphs (a), (b) and (d) to (f.1) of the definition “definitive decision” in subsection 77.1(1); (z.25) the portion of subsection 78(1) after paragraph (b); (z.26) subsections 78(3) to (5); (z.27) subsection 81(1); (z.28) sections 83 and 83.1; (z.29) paragraph 84(2)(b); (z.30) the portion of subsection 84(3) before paragraph (a); (z.31) subsection 84(3.1); (z.32) sections 85 to 89; (z.33) paragraphs 91(1)(c) to (g); (z.34) paragraph 91(3)(b); (z.35) sections 95 and 96; (z.36) subsections 96.1(1) to (3) and (6); (z.37) subsection 96.11(1); C. 38 Canada Border (z.38) section 96.2; (z.39) paragraphs 96.4(1)(a) and (b); and (z.40) paragraphs 97(1)(k.3) and (k.4). 135. Every reference to “Commissioner” in the following provisions of the English version of the Act is replaced by a reference to “President”: (a) the definition “prescribed” in subsection 2(1); (b) subsection 77.011(4); (c) subparagraph 77.012(1)(a)(ii); (d) subsection 77.013(3); (e) subsection 77.11(3); (f) subparagraph 77.12(1)(a)(ii); (g) subsection 77.13(2); (h) the heading before section 78; (i) paragraph 78(1)(a); (j) subsection 78(2); (k) subsections 79(1) and (2); and (l) paragraph 84(1)(b). 136. Every reference to “commissaire” in the following provisions of the French version of the Act is replaced by a reference to “président”: (a) subsection 13.2(2); (b) subsection 56(1.01); (c) subsection 56(1.1); (d) subsection 77.021(2); and (e) subsection 77.21(2). Application 137. The provisions of the Special Import Measures Act, as enacted or amended by sections 132 to 136 and paragraph 145(2)(i) of this Act, apply to goods of a NAFTA country, as defined in subsection 2(1) of that Act. TERMINOLOGY CHANGES 138. Every reference to the “Canada Customs and Revenue Agency” in the following provisions is replaced by a reference to the “Canada Revenue Agency”: Agence des services fr 2004-2005 (a) Schedule I to the Access to Information Act; (b) the schedule to the Auditor General Act; (c) in the Canada Pension Plan, (i) subsection 25(12), (ii) the portion of subsection 26.1(1) before paragraph (a), (iii) subsection 27.2(2), (iv) subsection 41(6), (v) subsection 103(3), (vi) paragraph 104.03(2)(a), and (vii) subsection 104.03(3); (d) paragraph 72(c) of the Canada Petroleum Resources Act; (e) subsection 462.48(14) of the Criminal Code; (f) subsection 33(2) of the Cultural Property Export and Import Act; (g) in the Employment Insurance Act, (i) paragraph 69(3)(f), (ii) subsection 88(12), (iii) the portion of subsection 90(1) before paragraph (a), (iv) subsection 93(2), (v) subsection 102(1), (vi) subsections 102(5) to (11), (vii) subsection 102(18), (viii) section 122, and (ix) paragraph 131(1)(a); (h) paragraph (a) of the definition “holiday” in section 2 of the Excise Act; (i) paragraph (c) of the definition “information bank director” in section 2 of the Family Orders and Agreements Enforcement Assistance Act; (j) section 11 of the Farm Income Protection Act; (k) in the Financial Administration Act, C. 38 Canada Border (i) subsection 41(2), and (ii) Schedule II; (l) paragraph 3(2)(g) of the Importation of Intoxicating Liquors Act; (m) in the Income Tax Act, (i) subsection 165(2), (ii) subsection 166.1(3), (iii) subsection 231.4(1), (iv) subsection 231.5(1), (v) paragraph 237.1(5)(c), (vi) subsection 244(1), (vii) subsections 244(5) to (11), and (viii) subsection 244(19); (n) Schedule III to the Payments in Lieu of Taxes Act; (o) paragraph 33.03(2)(a) of the Old Age Security Act; (p) the schedule to the Privacy Act under the heading “Other Government Institutions”; (q) in the Public Service Staff Relations Act, (i) paragraph (m) of the definition “employee” in subsection 2(1), (ii) paragraph (c) of the definition “managerial or confidential position” in subsection 2(1), and (iii) Part II of Schedule I; and (r) Part I of Schedule I to the Public Service Superannuation Act. 139. Every reference to the “Canada Customs and Revenue Agency” in the following provisions is replaced by a reference to the “Canada Border Services Agency”: (a) paragraph 4.81(4)(b) of the Aeronautics Act; (b) section 44 of the Copyright Act; Agence des services fr 2004-2005 (c) section 42.1 of the Firearms Act; and (d) paragraph 38(1)(b) of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act. 140. Every reference to the “Commissioner of Customs and Revenue” in the following provisions is replaced by a reference to the “Commissioner of Revenue”: (a) in the Canada Customs and Revenue Agency Act, (i) the definition “Commissioner” in section 2, and (ii) section 25; (b) the portion of subsection 462.48(3) of the Criminal Code before paragraph (c); (c) subsection 97(1) of the Employment Insurance Act; (d) section 63 of the Energy Administration Act; (e) in the Income Tax Act, (i) subsection 166.2(3), (ii) subsections 170(1) and (2), (iii) subsection 220(1), and (iv) subsections 232(5) to (7); and (f) in the Petroleum and Gas Revenue Act, (i) subsection 19(2), (ii) subsections 22(2) and (3), and (iii) subsection 29(1). 141. Every reference to the “Commissioner of Customs and Revenue” in the following provisions of the Customs Tariff is replaced by a reference to the “President of the Canada Border Services Agency”: (a) subsections 134(1) and (2); and (b) the List of Tariff Provisions set out in the schedule. 142. Every reference to the “Minister of National Revenue” in the following provisions is replaced by a reference to the “Solicitor General of Canada”: C. 38 Canada Border (a) in the Aeronautics Act, (i) paragraph 4.81(3)(b), and (ii) paragraph 4.81(4)(b); (b) subsection 40(1.1) of the Canada Post Act; (c) in the Coasting Trade Act, (i) subsection 2(3), (ii) subsection 4(1), (iii) section 5, and (iv) subsections 6(1) and (3); (d) the definition “Minister” in section 44.1 of the Copyright Act; (e) in the Customs Tariff, (i) section 9, (ii) subsection 16(2.1), (iii) subsection 18(2), (iv) subsection 19(2), (v) section 88, (vi) paragraph 89(3)(d), (vii) subsection 89(4), (viii) subsections 90(1) and (2), (ix) section 91, (x) section 93, (xi) subsection 95(4), (xii) the portion of section 99 before paragraph (a), (xiii) section 100, (xiv) paragraph 101(3)(b), (xv) paragraph 102(a), (xvi) subsection 105(2), (xvii) subsections 106(1) and (3) to (5), (xviii) the portion of section 108 before paragraph (a), (xix) subparagraph 108(f)(ii), (xx) paragraph 109(c), (xxi) section 112, (xxii) paragraph 113(3)(a), Agence des services fr 2004-2005 (xxiii) the portion of subsection 113(4) before paragraph (a), (xxiv) subsection 115(1), (xxv) section 117, (xxvi) paragraph 118(1)(b), (xxvii) paragraph 118(4)(a), (xxviii) section 125, (xxix) subsection 126(1), (xxx) sections 129 and 130, (xxxi) section 133, (xxxii) subsections 134(1) and (2), and (xxxiii) the List of Tariff Provisions set out in the schedule; (f) section 52 of the Firearms Act; (g) subsection 16(1) of the Department of Industry Act; (h) in the Canada Shipping Act, (i) section 472, and (ii) paragraph 596(2)(b); (i) section 25 of the Statistics Act; (j) the definition “Minister” in section 52 of the Trade Marks Act; and (k) section 24 of the Visiting Forces Act. 143. The reference to the “Minister of National Revenue” in paragraph (a) of the definition “prescribed” in subsection 2(1) of the English version of the Customs Tariff is replaced by a reference to the “Solicitor General of Canada”. COORDINATING AMENDMENTS 2003, c. 22 144. (1) If the definition “employee” in subsection 2(1) of the Public Service Labour Relations Act, as enacted by section 2 of the Public Service Modernization Act, comes into force before section 1 of this Act comes into force, then, on the day on which section 1 of this Act comes into force, subparagraph 138(q)(i) of this Act is repealed. C. 38 2003, c. 22 (2) If the definition “managerial or confidential position” in subsection 2(1) of the Public Service Labour Relations Act, as enacted by section 2 of the Public Service Modernization Act, comes into force before section 1 of this Act comes into force, then, on the day on which section 1 of this Act comes into force, subparagraph 138(q)(ii) of this Act is repealed. 2003, c. 22 (3) If section 11 of the Public Service Modernization Act comes into force before section 1 of this Act comes into force, then, on the day on which section 1 of this Act comes into force, subparagraph 138(q)(iii) of this Act is repealed. 2003, c. 22 (4) On the later of the coming into force of section 11 of the Public Service Modernization Act and the coming into force of section 1 of this Act, Canada Border (a) the reference in Schedule V to the Financial Administration Act to the “Canada Customs and Revenue Agency” is replaced by a reference to the “Canada Revenue Agency”; and (b) Schedule IV to the Financial Administration Act is amended by adding the following in alphabetical order: Canada Border Services Agency Agence des services frontaliers du Canada 2003, c. 22 (5) If section 1 of this Act comes into force before subsection 49(1) of the Public Service Modernization Act, then, on the day on which section 1 of this Act comes into force, that subsection is replaced by the following: Legal officers 49. (1) For the purposes of the new Act, including any application under section 58 of the new Act, an employee who, on or after the day on which the definition “managerial or confidential position” in subsection 2(1) of that Act comes into force, is employed as a legal officer in the Department of Justice or the Canada Revenue Agency is deemed not to be included in any unit determined, in 2004-2005 Agence des services fr accordance with the former Act, to constitute a unit of employees appropriate for collective bargaining. 2003, c. 22 (6) If section 1 of this Act comes into force before section 95 of the Public Service Modernization Act, then, on the day on which section 1 of this Act comes into force, that section and the heading before it are replaced by the following: Canada Revenue Agency Act 95. Paragraph 16(2)(c) of the English version of the Canada Revenue Agency Act is replaced by the following: (c) is employed on a full-time basis in the federal public administration or the public service of a province or territory. 2003, c. 22 (7) On the later of the coming into force of section 224 of the Public Service Modernization Act and the coming into force of section 1 of this Act, subsection 10(3) of the English version of this Act is replaced by the following: Deemed employment (3) The President and the Executive Vicepresident are deemed to be employed in the public service for the purposes of the Public Service Superannuation Act and to be employed in the federal public administration for the purposes of the Government Employees Compensation Act and any regulations made under section 9 of the Aeronautics Act. 2003, c. 22 (8) On the later of the coming into force of section 224 of the Public Service Modernization Act and the coming into force of section 1 of this Act, a reference to the “public service of Canada” in the following provisions of the English version of this Act is replaced by a reference to “federal public administration”: (a) the definition “former agency” in section 16; and (b) subsections 18(1) and (2). C. 38 2003, c. 22 (9) If section 1 of this Act comes into force before section 224 of the Public Service Modernization Act, then, on the day on which section 1 of this Act comes into force, paragraph 224(k) of that Act is replaced by the following: Canada Border (k) sections 21 and 66 of the Canada Revenue Agency Act; 2003, c. 22 (10) If section 1 of this Act comes into force before section 229 of the Public Service Modernization Act, then, on the day on which section 1 of this Act comes into force, that section and the heading before it are replaced by the following: Canada Revenue Agency Act 229. Subsection 55(1) of the Canada Revenue Agency Act is replaced by the following: Mobility to departments 55. (1) For the purpose of deployments or appointments made, or advertised internal appointment processes, under the Public Service Employment Act, employees of the Agency must be treated as if they were employees within the meaning of the Public Service Employment Act and had the rights of recourse provided by that Act. Bill C-6 145. (1) Subsections (2) and (3) apply if Bill C-6, introduced in the 1st Session of the 38th Parliament and entitled the Department of Public Safety and Emergency Preparedness Act (in this section, the “other Act”), receives royal assent. (2) On the later of the coming into force of section 1 of this Act and section 1 of the other Act, every reference to the “Solicitor General of Canada” in the following provisions is replaced by a reference to the “Minister of Public Safety and Emergency Preparedness”: (a) the definition “Minister” in section 2 of this Act; (b) paragraph (b) of the definition “Minister” in section 2 of the Agriculture and Agri-Food Administrative Monetary Penalties Act, as enacted by section 30 of this Act; Agence des services fr 2004-2005 (c) section 5 of the Cultural Property Import and Export Act, as enacted by section 59 of this Act; (d) in the Customs Act, (i) the definition “Minister” in subsection 2(1), as enacted by subsection 60(2) of this Act, (ii) subsection 97.211(1), as enacted by section 76 of this Act, (iii) subsection 97.22(3), as enacted by section 77 of this Act, (iv) subsection 97.34(2), as enacted by subsection 78(1) of this Act, (v) subsections 97.34(4) and (5), as enacted by subsection 78(2) of this Act, (vi) paragraph 107(3)(b), as enacted by subsection 80(2) of this Act, and (vii) subsection 97.22(2) and sections 97.23 and 97.27, as amended by section 84 of this Act; (e) in the Customs Tariff, (i) paragraph 108(c), as enacted by section 88 of this Act, and (ii) the provisions referred to in section 89 of this Act, as amended by that section; (f) in the Excise Act, 2001, (i) subsection 9(3), as enacted by section 93 of this Act, (ii) subsection 68(1), as enacted by subsection 94(1) of this Act, (iii) subsections 68(3) and (4), as enacted by subsection 94(2) of this Act, (iv) paragraph 188(6)(b), as enacted by subsection 95(1), (v) subparagraph 188(7)(b)(ii), as enacted by subsection 95(2) of this Act, (vi) subsection 189(4), as enacted by section 96 of this Act, C. 38 Canada Border (vii) paragraph (a.1) of the definition “confidential information” in subsection 211(1), as enacted by section 97 of this Act, and (viii) subsection 301(8.1), as enacted by section 98 of this Act; (g) in the Excise Tax Act, (i) subsection 70(2.1) as enacted by section 101 of this Act, (ii) subsection 105(5.1), as enacted by subsection 102(1) of this Act, (iii) subsection 106.1(1.1), as enacted by section 103 of this Act, (iv) paragraph 215.1(2)(b), as enacted by subsection 105(1) of this Act, (v) paragraph 215.1(3)(b), as enacted by subsection 105(2) of this Act, (vi) subsections 335(5.1) and (8.1), as enacted by section 107 of this Act, (vii) section 1 of Part X of Schedule VI, as enacted by section 108 of this Act, (viii) section 4 of Part I of Schedule X, as enacted by section 109 of this Act, and (ix) section 6 of Part I of Schedule X, as enacted by section 110 of this Act; (h) the definition “Minister” in section 2 of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act, as enacted by subsection 124(2) of this Act; (i) the definition “Minister” in subsection 2(1) of the Special Import Measures Act, as enacted by subsection 132(2) of this Act; and (j) the provisions referred to in section 142 of this Act, as amended by that section. 2004-2005 Agence des services fr (3) On the later of the coming into force of section 1 of this Act and section 1 of the other Act, the reference to the “Solicitor General of Canada” in paragraph (a) of the definition “prescribed” in subsection 2(1) of the English version of the Customs Tariff, as amended by section 143 of this Act, is replaced by a reference to the “Minister of Public Safety and Emergency Preparedness”. (4) On the later of the coming into force of section 1 of this Act and section 1 of the other Act, every reference to the “solliciteur général du Canada” in the French version of the provisions referred to in section 89 is replaced by a reference to “ministre de la Sécurité publique et de la Protection civile”. (5) If it comes into force after section 114 of this Act, paragraph 34(1)(m) of the other Act is repealed on its coming into force. Bill C-22 146. If Bill C-22, introduced in the 1st Session of the 38th Parliament and entitled the Department of Social Development Act (in this section, the “other Act”), receives royal assent, then, on the later of the coming into force of section 1 of this Act and section 2 of the other Act, section 15 of the Family Orders and Agreements Enforcement Assistance Act is replaced by the following: Information banks that may be searched 15. The information banks that may be searched under this Part are the information banks designated by the regulations from C. 38 Canada Border among the information banks controlled by the Department of Social Development, the Canada Revenue Agency and the Canada Employment Insurance Commission. COMING INTO FORCE Order in council 147. This Act, except for sections 144 to 146, comes into force on a day to be fixed by order of the Governor in Council. Published under authority of the Speaker of the House of Commons Available from: Publishing and Depository Services PWGSC, Ottawa, ON K1A 0S5 Also available on the Parliamentary Intern Aussi disponible sur le réseau électronique « Parliam http://www Available from: Publishing and Depository Services PWGSC, Ottawa, ON K1A 0S5

First Session, Thirty-eighth Parliament, 53-54 Elizabeth II, 2004-2005 STATUTES OF CANADA 2005 CHAPTER 39 An Act respecting the implementation of international trade commitments by Canada regarding spirit drinks of foreign countries ASSENTED TO 3rd NOVEMBER, 2005 BILL S-38 SUMMARY This enactment implements international trade commitments made by Canada regarding the use of names of spirit drinks of foreign countries. All parliamentary publications are available on the Parliamentary Internet Parlementaire at the following address: http://www.parl.gc.ca 53-54 ELIZABETH II —————— CHAPTER 39 An Act respecting the implementation of international trade commitments by Canada regarding spirit drinks of foreign countries [Assented to 3rd November, 2005] Preamble WHEREAS Canada has made international commitments regarding the use of names of spirit drinks of foreign countries; AND WHEREAS those commitments are contained in the Agreement between Canada and the European Community on trade in wines and spirit drinks, signed on September 16, 2003, and in side letters to that Agreement, in the North American Free Trade Agreement, signed on December 17, 1992, and in commitments made by Canada at the Commonwealth Heads of Government meeting in Nassau in 1985 to establish an economic and trade development program for the Commonwealth Caribbean countries and territories; NOW, THEREFORE, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: Short title 1. This Act may be cited as the Spirit Drinks Trade Act. Definitions 2. The following definitions apply in this Act. “Minister” « ministre » “Minister” means the Minister of Agriculture and Agri-Food. C. 39 “sell” « vendre » “sell” includes offer for sale, expose for sale and have in possession for sale. Spirit Drin Prohibition 3. (1) No person shall use the name of a spirit drink referred to in sections 1 to 5 of the schedule to sell a product as a spirit drink except in accordance with those sections. Exception (2) Subsection (1) does not prevent the use of the name of a spirit drink to sell the spirit drink if it has been blended or modified in accordance with the laws of Canada. Exception (3) Subsection (1) does not prevent the use of any registered trademark that was applied for before January 1, 1996. Prohibition 3.1 (1) No person shall use the name of a spirit drink referred to in sections 6 to 14 of the schedule to sell a product as that spirit drink except in accordance with those sections. Exception (2) Subsection (1) does not prevent the use of the name of a spirit drink to sell the spirit drink if it has been blended or modified in accordance with the laws of Canada. Amendment of schedule 4. The Governor in Council may, by order, amend the schedule to implement Canada’s international trade obligations regarding the use of names of spirit drinks to sell products as spirit drinks. Inspectors 5. (1) The Minister may designate any persons, or classes of persons, as inspectors for the purpose of the enforcement of this Act. Certificate to be produced (2) Every inspector shall be given a certificate in a form established by the Minister attesting to the inspector’s designation and, on entering any place under subsection 6(1), an inspector shall, if so requested, produce the certificate to the person in charge of that place. Powers of inspectors 6. (1) An inspector may at any reasonable time enter any place, including a conveyance but excluding a dwelling-house, where the inspector believes on reasonable grounds any article to which this Act or the regulations apply is manufactured, prepared, preserved, packaged or stored, and may 2004-2005 Commerce de (a) examine the article and take samples of it, and examine anything that the inspector believes on reasonable grounds is used or capable of being used for the article’s manufacture, preparation, preservation, packaging or storing; (b) open and examine any receptacle or package that the inspector believes on reasonable grounds contains any article to which this Act or the regulations apply; (c) examine and make copies of, or extracts from, any books, documents or other records found in any place referred to in this subsection that the inspector believes on reasonable grounds contain any information with respect to any article to which this Act or the regulations apply; and (d) seize and detain for such time as may be necessary any article by means of or in relation to which the inspector believes on reasonable grounds any provision of this Act or the regulations has been contravened. Assistance and information to be given inspector (2) The owner or person in charge of a place entered by an inspector under subsection (1) and every person found in it shall give the inspector all reasonable assistance and furnish the inspector with any information that they may reasonably require. Obstruction and false statements 7. (1) No person shall obstruct or hinder, or knowingly make any false or misleading statement either orally or in writing to, an inspector while the inspector is carrying out their duties or functions under this Act or the regulations. Prohibition (2) Except with the authority of an inspector, no person shall remove or alter in any way any article seized under this Act. Storage and removal 8. Any article seized under this Act may, at the option of an inspector, be kept or stored in the place where it was seized or, at the direction of an inspector, the article may be removed to any other place. C. 39 Release of seized articles 9. An inspector who has seized any article under this Act shall release it when they are satisfied that all the provisions of this Act and the regulations with respect to it have been complied with. Destruction with consent 10. (1) If an inspector seizes an article under this Act and its owner or the person in whose possession the article was at the time of seizure consents to its destruction, the article is immediately forfeited to Her Majesty and may be destroyed or otherwise disposed of as the Minister may direct. Forfeiture (2) If a person is convicted of a contravention of this Act or the regulations, the court or judge may order that any article by means of or in relation to which the offence was committed, and any thing of a similar nature belonging to or in the possession of the person or found with the article, be forfeited. On the making of the order, the article and thing are forfeited to Her Majesty and may be disposed of as the Minister may direct. Order for forfeiture on application of inspector (3) Without prejudice to subsection (2), a judge of a superior court of the province in which any article is seized under this Act may, on the application of an inspector and on any notice to those persons that the judge directs, order that the article and any thing of a similar nature found with it be forfeited to Her Majesty, if the judge finds, after making any inquiry that the judge considers necessary, that the article is one by means of or in relation to which any of the provisions of this Act or the regulations have been contravened. On the making of the order, the article or thing may be disposed of as the Minister may direct. Analysts 11. The Minister may designate any persons, or classes of persons, as analysts for the purpose of the enforcement of this Act. Analysis and examination 12. (1) An inspector may submit to an analyst for analysis or examination any article seized by the inspector, any sample from it or any sample taken by the inspector. Spirit Drin 2004-2005 Commerce de Certificate or report (2) An analyst after making the analysis or examination may issue a certificate or report setting out the results of the analysis or examination. Regulations 13. The Governor in Council may, on the recommendation of the Minister, make regulations for carrying out the purposes and provisions of this Act and, in particular, may make regulations respecting the powers and duties of inspectors and analysts and the taking of samples and the seizure, detention, forfeiture and disposition of articles. Contravention of Act or regulations 14. Every person who contravenes any provision of this Act or the regulations is guilty of an offence and liable (a) on summary conviction, to a fine not exceeding $50,000 or to imprisonment for a term not exceeding six months or to both; and (b) on conviction on indictment, to a fine not exceeding $250,000 or to imprisonment for a term not exceeding three years or to both. Defence 15. No person shall be found guilty of an offence under this Act, other than an offence under section 7, if the person establishes that they exercised all due diligence to prevent its commission. Certificate of analyst 16. (1) Subject to this section, in any prosecution for an offence under this Act, a certificate purporting to be signed by an analyst and stating that an article, sample or substance has been submitted to, and analysed or examined by, the analyst and stating the results of the analysis or examination is admissible in evidence and, in the absence of evidence to the contrary, is proof of the statements contained in the certificate without proof of the signature or official character of the person appearing to have signed it. Requiring attendance of analyst (2) The party against whom the analyst’s certificate is produced may, with leave of the court, require the attendance of the analyst for the purposes of cross-examination. C. 39 Notice of intention to produce certificate (3) No certificate shall be admitted in evidence unless, before the trial, the party intending to produce the certificate has given reasonable notice of that intention, together with a copy of the certificate, to the party against whom it is intended to be produced. Coming into force 17. This Act comes into force on June 1, 2006. Spirit Drin 2004-2005 Commerce des spi SCHEDULE (Sections 3, 3.1 and 4) USE OF SPIRIT DRINK NAMES 1. (1) A spirit drink may be sold using the name Grappa if it has been produced exclusively in Italy. (2) A spirit drink may be sold using the name Grappa di Ticino if it has been produced in the Ticino region of Switzerland. 2. A spirit drink may be sold using the name Jägertee, Jagertee or Jagatee if it has been produced exclusively in Austria. 3. A spirit drink may be sold using the name Korn or Kornbrand if it has been produced exclusively in Germany or Austria. 4. A spirit drink may be sold using the name Ouzo or Oύζo if it has been produced exclusively in Greece. 5. A spirit drink may be sold using the name Pacharán if it has been produced exclusively in Spain. 6. Scotch whisky may be sold under that name if it has been distilled in Scotland as Scotch whisky for domestic consumption in accordance with the laws of the United Kingdom. 7. Irish whisky may be sold under that name if it has been distilled in Northern Ireland or in the Republic of Ireland as Irish whisky for domestic consumption in accordance with the laws of Northern Ireland or the Republic of Ireland. 8. Armagnac brandy may be sold under that name if it has been manufactured in the Armagnac district of France in accordance with the laws of the French Republic for consumption in that country. 9. Cognac brandy may be sold under that name if it has been manufactured in the Cognac district of France in accordance with the laws of the French Republic for consumption in that country. 10. Bourbon whiskey may be sold under that name if it has been manufactured in the United States in accordance with the laws and regulations of the United States governing the manufacture of Bourbon whiskey. 11. Tennessee whiskey may be sold under that name if it has been manufactured in the United States in accordance with the laws and regulations of the United States governing the manufacture of Tennessee whiskey. 12. Tequila may be sold under that name if it has been manufactured in Mexico in accordance with the laws and regulations of Mexico governing the manufacture of Tequila. C. 39 Spirit Drinks Tra 13. Mezcal may be sold under that name if it has been manufactured in Mexico in accordance with the laws and regulations of Mexico governing the manufacture of Mezcal. 14. (1) Caribbean rum may be sold under that name if it has been (a) made from sugar cane products of a Commonwealth Caribbean country and distilled and fermented in a Commonwealth Caribbean country; or (b) imported in bulk from a Commonwealth Caribbean country for bottling and sale in Canada as Caribbean rum and blended or modified by (i) blending it with other rum of a Commonwealth Caribbean country, (ii) blending it with Canadian rum in proportions that result in 1 to 1.5% Canadian rum by volume in the final product, (iii) adding distilled or otherwise purified water to adjust the rum to the strength stated on the label applied to the container, or (iv) adding caramel. (2) In this section, “Commonwealth Caribbean country” means Anguilla, Antigua and Barbuda, the Bahamas, Barbados, Belize, Bermuda, the British Virgin Islands, the Cayman Islands, Dominica, Grenada, Guyana, Jamaica, Montserrat, St. Christopher and Nevis, Saint Lucia, St. Vincent and the Grenadines, Trinidad and Tobago and the Turks and Caicos Islands. Published under authority of the Speaker of the House of Commons Available from: Publishing and Depository Services PWGSC, Ottawa, ON K1A 0S5 Also available on the Parliamentary Intern Aussi disponible sur le réseau électronique « Parliam http://www Available from: Publishing and Depository Services PWGSC, Ottawa, ON K1A 0S5

First Session, Thirty-eighth Parliament, 53-54 Elizabeth II, 2004-2005 STATUTES OF CANADA 2005 CHAPTER 11 An Act to amend the Federal-Provincial Fiscal Arrangements Act and to enact An Act respecting the provision of funding for diagnostic and medical equipment ASSENTED TO 23rd MARCH, 2005 BILL C-39 RECOMMENDATION Her Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled “An Act to amend the Federal-Provincial Fiscal Arrangements Act and to enact An Act respecting the provision of funding for diagnostic and medical equipment”. SUMMARY The purpose of this enactment is to give effect to the 2004 10-Year Plan to Strengthen Health Care by increasing the Canada Health Transfer in the fiscal years in the period beginning on April 1, 2004 and ending on March 31, 2014 and establishing a Wait Times Reduction Transfer, payable first to a trust for the benefit of the provinces, and then directly to provinces as of the fiscal year 2009-10. This enactment also provides funding to provinces for diagnostic and medical equipment. All parliamentary publications are available on the Parliamentary Internet Parlementaire at the following address: http://www.parl.gc.ca 53-54 ELIZABETH II —————— CHAPTER 11 An Act to amend the Federal-Provincial Fiscal Arrangements Act and to enact An Act respecting the provision of funding for diagnostic and medical equipment [Assented to 23rd March, 2005] Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: R.S., c. F-8; 1995, c. 17, s. 45(1) 2003, c. 15, s. 8 FEDERAL-PROVINCIAL FISCAL ARRANGEMENTS ACT 1. The headings before section 24 of the Federal-Provincial Fiscal Arrangements Act are replaced by the following: PART V.1 CANADA HEALTH TRANSFER, CANADA SOCIAL TRANSFER, HEALTH REFORM TRANSFER AND WAIT TIMES REDUCTION TRANSFER CANADA HEALTH TRANSFER 2003, c. 15, s. 8 2. The portion of section 24 of the Act before paragraph (a) is replaced by the following: Purposes 24. Subject to this Part and for the purpose of giving effect to the 2003 First Ministers’ Accord on Health Care Renewal and the 2004 10-Year Plan to Strengthen Health Care, a Canada C. 11 Federal-Provincial Fiscal Arrangements a Equip Health Transfer in the amounts referred to in subsection 24.1(1) is to be provided to the provinces for the purposes of 2003, c. 15, s. 8 3. (1) Paragraph 24.1(1)(a) of the Act is replaced by the following: (a) a cash contribution equal to (i) $12.65 billion for the fiscal year beginning on April 1, 2004, (ii) $1 billion for the fiscal year beginning on April 1, 2004, (iii) $19 billion for the fiscal year beginning on April 1, 2005, and (iv) the product obtained by multiplying the cash contribution for the immediately preceding year by 1.06, rounded to the nearest thousand, for each fiscal year in the period beginning on April 1, 2006 and ending on March 31, 2014; and (2) Section 24.1 of the Act is amended by adding the following after subsection (2): Non-application (3) The cash contribution subparagraph (1)(a)(ii) is not paragraphs 4(1)(a)(i) to (iii) Health Transfer and Canada Regulations. referred to in subject to subof the Canada Social Transfer 2003, c. 15, s. 8 4. Subsection 24.6(2) of the Act is amended by adding the word “and” at the end of paragraph (a) and by repealing paragraphs (c) to (e). 5. The Act is amended by adding the following after section 24.6: WAIT TIMES REDUCTION TRANSFER Purposes 24.61 Subject to this Part, a Wait Times Reduction Transfer is established under section 24.62 to provide funding for the purposes of assisting the provinces to reduce wait times according to their respective priorities, including training and hiring more health professionals, clearing backlogs, building capacity for regional centres of excellence, expanding appropriate ambulatory and community care Arrangements fiscaux entre le gouvernement l’égard d’équipements di 2004-2005 programs and expanding tools to manage wait times, as outlined in the 2004 10-Year Plan to Strengthen Health Care. Transfer 24.62 The Wait Times Reduction Transfer shall consist of (a) the cash contribution referred to in subsection 24.63(1); and (b) the cash contributions referred to in subsection 24.64(1). Payment to trust 24.63 (1) The Minister may pay $4.25 billion to a trust established to provide the provinces with funding for the purposes referred to in section 24.61. Provincial share (2) The amount that may be provided to a province by the trust is to be determined in accordance with the terms of the trust indenture establishing the trust. Payment out of C.R.F. (3) Notwithstanding section 24.8, the amount payable under subsection (1) may be paid by the Minister to the trust out of the Consolidated Revenue Fund at the times and in the manner that the Minister considers appropriate. Cash contributions to provinces 24.64 (1) For the purposes referred to in section 24.61, the Minister may make cash contributions to the provinces equal to $250 million for each fiscal year in the period beginning on April 1, 2009 and ending on March 31, 2014. Provincial share (2) The amount that may be paid to a province for each of the fiscal years mentioned in subsection (1) is the amount determined by multiplying the amount set out for that fiscal year by the quotient obtained by dividing (a) the population of the province for the fiscal year by (b) the total of the population of all provinces for the fiscal year. 6. The Act is amended by adding the following after section 25.8: C. 11 Federal-Provincial Fiscal Arrangements a Equip PARLIAMENTARY REVIEW Review 25.9 (1) Parliament having authorized the appropriation of money for the Canada Health Transfer and the Wait Times Reduction Transfer for the purpose of giving effect to the 2004 10Year Plan to Strengthen Health Care, a review of the progress in implementing that Plan shall be undertaken by such committee of the Senate, of the House of Commons or of both Houses of Parliament as may be designated or established, using the reports referred to in the Plan. The committee shall undertake the review on or before March 31, 2008 and three years thereafter. Report (2) The committee shall, within three months after beginning the review or within such further time as the Senate, the House of Commons or both Houses of Parliament, as the case may be, may authorize, submit a report on the result of that review to that House or both Houses. COMMUNIQUÉS Communiqués 25.91 For greater certainty and for the purposes of this Part (V.1), the 2004 10-Year Plan to Strengthen Health Care includes the communiqués released in respect of the First Ministers’ Meeting on the Future of Health Care that was held from September 13 to 15, 2004. AN ACT RESPECTING THE PROVISION OF FUNDING FOR DIAGNOSTIC AND MEDICAL EQUIPMENT 7. An Act respecting the provision of funding for diagnostic and medical equipment is enacted as follows: An Act respecting the provision of funding for diagnostic and medical equipment Payment — equipment and services 1. (1) For the purpose of giving effect to the 2004 10-Year Plan to Strengthen Health Care, the Minister of Finance may, for the fiscal year beginning on April 1, 2004, make direct payments, in an aggregate of $500 million, to the provinces for the purposes of acquiring diagnostic and medical equipment and related Arrangements fiscaux entre le gouvernement l’égard d’équipements di 2004-2005 specialized staff training in order to improve access to and reduce wait times for publicly funded diagnostic and treatment services. Provincial share (2) The amount payable to a province for the fiscal year shall be determined by multiplying the amount referred to in subsection (1) by the quotient obtained by dividing (a) the population of the province for the fiscal year by (b) the total population of all provinces for the fiscal year. Determination of population (3) For the purposes of this Act, the population of a province for the fiscal year shall be determined by the Chief Statistician of Canada on the basis of Statistics Canada’s official estimate of the population of that province on June 1, 2004. Payments out of C.R.F. (4) Any amount payable under this Act may be paid by the Minister out of the Consolidated Revenue Fund at the times and in the manner that the Minister considers appropriate. Communiqués 2. For greater certainty and for the purposes of this Act, the 2004 10-Year Plan to Strengthen Health Care includes the communiqués released in respect of the First Ministers’ Meeting on the Future of Health Care that was held from September 13 to 15, 2004. Published under authority of the Speaker of the House of Commons Available from: Publishing and Depository Services PWGSC, Ottawa, ON K1A 0S5 Also available on the Parliamentary Intern Aussi disponible sur le réseau électronique « Parliam http://www Available from: Publishing and Depository Services PWGSC, Ottawa, ON K1A 0S5

First Session, Thirty-eighth Parliament, 53-54 Elizabeth II, 2004-2005 STATUTES OF CANADA 2005 CHAPTER 29 An Act to amend the Canada Shipping Act, the Canada Shipping Act, 2001, the Canada National Marine Conservation Areas Act and the Oceans Act ASSENTED TO 23rd JUNE, 2005 BILL C-3 SUMMARY This enactment transfers powers, duties and functions from the Minister of Fisheries and Oceans to the Minister of Transport. All parliamentary publications are available on the Parliamentary Internet Parlementaire at the following address: http://www.parl.gc.ca TABLE OF PROVISIONS AN ACT TO AMEND THE CANADA SHIPPING ACT, THE CANADA SHIPPING ACT, 2001, THE CANADA NATIONAL MARINE CONSERVATION AREAS ACT AND THE OCEANS ACT 1-14. Canada Shipping Act 15-33. Canada Shipping Act, 2001 34-35. Canada National Marine Conservation Areas Act 36. Oceans Act 37. Order in council COMING INTO FORCE 53-54 ELIZABETH II —————— CHAPTER 29 An Act to amend the Canada Shipping Act, the Canada Shipping Act, 2001, the Canada National Marine Conservation Areas Act and the Oceans Act [Assented to 23rd June, 2005] Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: R.S., c. S-9 1996, c. 31, s. 95 CANADA SHIPPING ACT 1. The definitions “Department” and “Minister” in section 2 of the Canada Shipping Act are replaced by the following: “Department” « ministère » “Department” means, except in Part VII, the Department of Transport; “Minister” « ministre » “Minister” means, except in Part VII, the Minister of Transport; 1998, c. 16, s. 3 2. The heading before section 7 of the French version of the Act is replaced by the following: RESPONSABILITÉ DU MINISTRE 1998, c. 16, s. 3 3. Section 7 of the Act is replaced by the following: Role of Minister 7. Except as otherwise provided in this Act, the Minister is responsible for the administration of this Act. 4. Subsection 385(1) of the Act is replaced by the following: C. 29 Designation of rescue coordinators 385. (1) The Minister of Fisheries and Oceans may designate persons, to be known as rescue coordinators, to organize search and rescue operations in Canadian waters and on the high seas off the coasts of Canada. 1996, c.31, s. 96 5. Section 422 of the Act is replaced by the following: Superintendence 422. The Minister has, throughout Canada, the general superintendence of all matters relating to salvage, wrecks and receivers of wrecks and, subject to the Canadian Transportation Accident Investigation and Safety Board Act, shipping casualties. Shipping, Marine Conserv 6. The Act is amended by adding the following before section 517: Definitions 516.1 The following definitions apply in this Part. “Department” « ministère » “Department” means the Department of Fisheries and Oceans. “Minister” « ministre » “Minister” means the Minister of Fisheries and Oceans. 7. Sections 518 and 519 of the Act are replaced by the following: Appointment of keepers, etc. 518. The Minister may appoint in the manner authorized by law any keepers, superintendents and other officers that are necessary for the purposes of this Part. Regulations 519. The Governor in Council, on the recommendation of the Minister of Transport, may make regulations (a) respecting aids to navigation in Canadian waters; and (b) prescribing the fines for any contravention of any regulation made under this section, and those fines may not be more than $200. Regulations 519.1 The Governor in Council, on the recommendation of the Minister, may make regulations 2004-2005 Marine marchande, Aires mari (a) respecting the government of Sable Island and of St. Paul Island, the duties of the resident keepers on those islands, the administration of relief to shipwrecked persons and their removal, the preservation and removal of shipwrecked property, the prevention of persons not authorized by the Minister from taking up residence on those islands and the general management of those islands; and (b) prescribing the fines for any contravention of any regulation made under this section, and those fines may not be more than $200. R.S., c. 6 (3rd Supp.), s. 78 8. The portion of section 562.15 of the Act before paragraph (a) is replaced by the following: Clearance of ships to enter Canadian waters, etc. 562.15 The Governor in Council may, on the recommendation of the Minister, make regulations R.S., c. 6 (3rd Supp.), s. 78 9. The portion of section 562.16 of the Act before paragraph (a) is replaced by the following: Vessel Traffic Services Zones 562.16 The Governor in Council may, on the recommendation of the Minister, for the purpose of promoting safe and efficient navigation or environmental protection in Canadian waters or in any shipping safety control zone prescribed under the Arctic Waters Pollution Prevention Act, make regulations 1993, c. 36, s. 3 10. (1) The definition “Commissioner” in section 654 of the Act is repealed. 1993, c. 36, s. 3 (2) The definition “response organization” in section 654 of the Act is replaced by the following: “response organization” « organisme d’intervention » “response organization” means any person or body in Canada in respect of which a certificate of designation is issued by the Minister under subsection 660.4(1); 1993, c. 36, s. 6 11. Section 660.1 of the Act is repealed. 1993, c. 36, s. 6 12. (1) Subsections 660.10(1) to (3) of the Act are replaced by the following: C. 29 Advisory councils 660.10 (1) The Minister shall establish one advisory council in respect of each geographic area: Pacific, Great Lakes and St. Lawrence River and Great Lakes Basin, Atlantic and Arctic. Other advisory councils (2) The Minister may establish other advisory councils if he or she considers them necessary. Members (3) Each advisory council is composed of no more than seven members who reside in the geographic area in respect of which the advisory council is established, who are appointed to the advisory council by the Minister and who, in the opinion of the Minister, represent the various interests likely to be involved in matters referred to in sections 660.2 to 660.9. 1993, c. 36, s. 6; 1996, c. 31, s. 102 (2) Subsections 660.10(6) and (7) of the Act are replaced by the following: Remuneration (6) Members of each advisory council shall be paid, in connection with their work for the advisory council, the remuneration that may be fixed by the Governor in Council. Travel, living and other expenses (6.1) Members of each advisory council are entitled to be reimbursed, in accordance with Treasury Board directives, the travel, living and other expenses incurred in connection with their work for the advisory council while absent, in the case of full-time members, from their ordinary place of work or, in the case of parttime members, from their ordinary place of residence. Recommendations and response (7) Each advisory council shall advise and may make recommendations to the Minister, and may report to any standing committee of either House of Parliament that normally considers matters relating to transportation or the environment, and shall receive a response to the report within 30 days or, if that House is not sitting, within 14 days after it resumes sitting. 1993, c. 36, s. 6 13. Paragraph 660.11(1)(a) of the Act is replaced by the following: Shipping, Marine Conserv (a) review the operation of sections 660.2 to 660.10 and, in particular, the capability of the response organizations to meet the arrange2004-2005 Marine marchande, Aires mari ments that ships and operators of oil handling facilities are required to have, as set out in paragraphs 660.2(2)(b) and (4)(b); and 1993, c. 36, s. 16 14. Subsection 678(1) of the Act is replaced by the following: Minister may take necessary measures 678. (1) Where the Minister of Fisheries and Oceans believes on reasonable grounds that a ship has discharged, is discharging or is likely to discharge a pollutant, he or she may (a) take any measures that he or she considers necessary to repair, remedy, minimize or prevent pollution damage from the ship, including the removal or destruction of the ship and its contents, and may sell or otherwise dispose of the ship and its contents; (b) monitor the measures taken by any person to repair, remedy, minimize or prevent pollution damage from the ship; or (c) if he or she considers it necessary to do so, direct any person to take measures to repair, remedy, minimize or prevent pollution damage from the ship, or prohibit any person from taking those measures. 2001, c. 26 CANADA SHIPPING ACT, 2001 15. Section 4 of the Canada Shipping Act, 2001 is replaced by the following: Regulations 4. The Governor in Council may, on the recommendation of the Minister of Transport, make regulations prescribing anything that may be prescribed under section 2. 16. (1) Paragraphs 35(1)(e) to (g) of the Act are replaced by the following: (e) respecting record keeping, information management and reporting for the purposes of this Part or Part 2 (Registration, Listing and Recording), 3 (Personnel), 4 (Safety), 6 (Incidents, Accidents and Casualties), 7 (Wreck), 8 (Pollution Prevention and Response — Department of Transport and Department of Fisheries and Oceans) to the extent that the Minister of Transport is C. 29 Shipping, Marine Conserv responsible for that Part, 9 (Pollution Prevention — Department of Transport), 10 (Pleasure Craft) or 11 (Enforcement — Department of Transport) or the regulations made under subsection 136(1); (f) respecting the form and manner of giving notice under this Part or Part 2 (Registration, Listing and Recording), 3 (Personnel), 4 (Safety), 7 (Wreck), 8 (Pollution Prevention and Response — Department of Transport and Department of Fisheries and Oceans) to the extent that the Minister of Transport is responsible for that Part, 9 (Pollution Prevention — Department of Transport), 10 (Pleasure Craft) or 11 (Enforcement — Department of Transport) or the regulations made under subsection 136(1); and (g) respecting the setting and payment of fees for services provided in the administration of this Part or Part 2 (Registration, Listing and Recording), 3 (Personnel), 4 (Safety), 6 (Incidents, Accidents and Casualties), 7 (Wreck) other than section 163, 8 (Pollution Prevention and Response — Department of Transport and Department of Fisheries and Oceans) to the extent that the Minister of Transport is responsible for that Part, 9 (Pollution Prevention — Department of Transport), 10 (Pleasure Craft) or 11 (Enforcement — Department of Transport) or the regulations made under any of those Parts or under subsection 136(1). (2) Subsection 35(3) of the Act is replaced by the following: Regulations — Minister of Fisheries and Oceans (3) The Governor in Council may, on the recommendation of the Minister of Fisheries and Oceans, make regulations (a) implementing, in whole or in part, an international convention, protocol or resolution that is listed in Schedule 2, as amended from time to time, including regulations (i) implementing it in respect of persons or vessels to which it does not apply, 2004-2005 Marine marchande, Aires mari (ii) establishing stricter standards than it sets out, or (iii) establishing additional or complementary standards to those it sets out if the Governor in Council is satisfied that the additional or complementary standards meet the objectives of the convention, protocol or resolution; (b) respecting record keeping, information management and reporting for the purposes of Part 5 (Navigation Services) or 8 (Pollution Prevention and Response — Department of Transport and Department of Fisheries and Oceans), to the extent that the Minister of Fisheries and Oceans is responsible for those Parts; (c) respecting the form and manner of giving notice under Part 5 (Navigation Services) or 8 (Pollution Prevention and Response — Department of Transport and Department of Fisheries and Oceans), to the extent that the Minister of Fisheries and Oceans is responsible for those Parts; and (d) respecting the setting and payment of fees for services provided in the administration of (i) Part 5 (Navigation Services) or 8 (Pollution Prevention and Response — Department of Transport and Department of Fisheries and Oceans), to the extent that the Minister of Fisheries and Oceans is responsible for those Parts, or (ii) regulations made under subsection 136(2). 17. The portion of section 116 of the Act before paragraph (a) is replaced by the following: When boarding a vessel prohibited 116. Subject to sections 135 (stopping and boarding a vessel), 175.1 (powers of pollution response officers — general), 196 and 198 (pleasure craft inspections), 200 (stopping and boarding a vessel) and 211 (inspections) and to any other Act of Parliament, no person shall go or attempt to go on board a vessel or to leave or attempt to leave one C. 29 Shipping, Marine Conserv 18. Section 136 of the Act is replaced by the following: Regulations — Minister of Transport 136. (1) The Governor in Council may, on the recommendation of the Minister of Transport, make regulations (a) establishing VTS Zones within Canadian waters or in a shipping safety control zone prescribed under the Arctic Waters Pollution Prevention Act; (b) respecting the information to be provided and the procedures and practices to be followed by vessels that are about to enter, leave or proceed within a VTS Zone; (c) respecting the conditions under which a clearance under section 126 is to be granted; (d) defining the expression “about to enter” for the purpose of this Part; (e) respecting aids to navigation in Canadian waters; (f) regulating or prohibiting the navigation, anchoring, mooring or berthing of vessels for the purposes of promoting the safe and efficient navigation of vessels and protecting the public interest and the environment; (g) respecting the safety of persons on Canadian waters for the purposes of sporting, recreational or public events or activities; (h) specifying classes of persons, or appointing persons, to ensure compliance with regulations made under any of paragraphs (b) and (e) to (g) and specifying their powers and duties; and (i) prescribing anything that may be prescribed under this Part. Regulations — Minister (2) The Governor in Council may, on the recommendation of the Minister, make regulations (a) respecting the administration and control of Sable Island; 2004-2005 Marine marchande, Aires mari (b) specifying classes of persons, or appointing persons, to ensure compliance with regulations made under paragraph (a) and specifying their powers and duties; and (c) respecting maritime search and rescue. 19. The definition “Minister” in section 153 of the Act is replaced by the following: “Minister” « ministre » “Minister” means the Minister of Transport. 20. The headings before section 165 of the Act are replaced by the following: PART 8 POLLUTION PREVENTION AND RESPONSE — DEPARTMENT OF TRANSPORT AND DEPARTMENT OF FISHERIES AND OCEANS INTERPRETATION 21. The definition “Minister” in section 165 of the Act is replaced by the following: “Minister” « ministre » “Minister” means the Minister of Transport. 22. The portion of paragraph 167(1)(b) of the Act before subparagraph (i) is replaced by the following: (b) have on board a declaration, in the form specified by the Minister, that 23. The heading before section 174 and sections 174 and 175 of the Act are replaced by the following: POLLUTION PREVENTION OFFICERS AND POLLUTION RESPONSE OFFICERS Designation of pollution prevention officers 174. (1) The Minister may designate any persons or classes of persons as pollution prevention officers in respect of oil handling facilities and response organizations and may limit in any manner that he or she considers appropriate the powers that the officers may exercise under this Part. C. 29 Certificate of designation (2) The Minister must furnish every pollution prevention officer with a certificate of designation and, if the officer’s powers are limited under subsection (1), the certificate must specify the powers that the officer may exercise. Immunity (3) Pollution prevention officers are not personally liable for anything they do or omit to do in good faith under this Part. Designation of pollution response officer 174.1 (1) The Minister of Fisheries and Oceans may designate any persons or classes of persons as pollution response officers in respect of discharges or threats of discharges and may limit in any manner that he or she considers appropriate the powers that the officers may exercise under this Part. Certificate of designation (2) The Minister of Fisheries and Oceans must furnish every pollution response officer with a certificate of designation and, if the officer’s powers are limited under subsection (1), the certificate must specify the powers that the officer may exercise. Immunity (3) Pollution response officers are not personally liable for anything they do or omit to do in good faith under this Part. Powers of pollution prevention officers Shipping, Marine Conserv 175. A pollution prevention officer may (a) direct the operator of an oil handling facility to provide him or her with any document that the operator is required to have on site under this Part; (b) direct a response organization to provide him or her with any document that the organization is required to have under this Part; 2004-2005 Marine marchande, Aires mari (c) inspect an oil handling facility to determine whether its equipment and resources meet the requirements of this Part; and (d) inspect a response organization’s facilities to determine whether the organization’s equipment and resources meet the requirements of this Part. Powers of pollution response officers — general 175.1 (1) A pollution response officer may (a) direct a vessel, if it is about to enter or is within waters in respect of which this Part applies, to provide him or her with any information that he or she considers appropriate for the administration of this Part; (b) direct any vessel that is within or about to enter waters in respect of which this Part applies and that he or she believes on reasonable grounds to be carrying a pollutant to proceed through those waters by the route, and at a speed not in excess of the speed, that he or she may specify; (c) direct a vessel that is required to have a shipboard oil pollution emergency plan under the regulations to provide information concerning it and its implementation; (d) direct the operator of an oil handling facility to provide any document that the operator is required to have on site under this Part; and (e) direct a response organization to provide any document that the organization is required to have under this Part. Powers — discharge of pollutant (2) If the pollution response officer believes on reasonable grounds that a vessel might discharge, or might have discharged, a pollutant, he or she may (a) direct a vessel that is within or about to enter waters in respect of which this Part applies to proceed through those waters by the route, and at a speed not in excess of the speed, that he or she may specify; C. 29 Shipping, Marine Conserv (b) go on board and take samples of any substance that he or she believes to be the pollutant; (c) if the vessel is within or about to enter waters in respect of which this Part applies, direct the vessel to (i) proceed to the place within waters in respect of which this Part applies that he or she may specify, by the route and in the manner that he or she may specify, and to moor, anchor or remain there for any reasonable period that he or she may specify, (ii) proceed out of waters in respect of which this Part applies, by the route and in the manner that he or she may specify, or (iii) remain outside waters in respect of which this Part applies; and (d) if he or she is informed that a substantial quantity of a pollutant has entered or been discharged in waters in respect of which this Part applies, or if on reasonable grounds he or she is satisfied that a grave and imminent danger of a substantial discharge of a pollutant in those waters exists, declare an emergency zone, the size of which is reasonable with regard to the seriousness of the situation, and (i) direct any vessel within that emergency zone to report its position to him or her, (ii) direct any vessel not to enter or not to leave the emergency zone, and (iii) direct any vessel within the emergency zone in respect of routes, speed limits and pilotage and equipment requirements. Disposition of samples (3) An officer who takes a sample under paragraph (2)(b) may dispose of it in any manner that he or she considers appropriate or may submit it for analysis or examination to a person designated by the Minister. Certificate or report (4) A person who has made an analysis or examination may issue a certificate or report that sets out the results of the analysis or examination. 2004-2005 Marine marchande, Aires mari Certificate (5) Subject to subsections (6) and (7), the certificate or report is admissible in evidence in any proceeding related to an offence under this Part and, in the absence of any evidence to the contrary, is proof of the statements contained in the certificate or report without proof of the signature or the official character of the person appearing to have signed it. Attendance of person (6) The party against whom the certificate or report is produced may, with leave of the court, require for the purposes of cross-examination the attendance of the person who issued it. Notice (7) The certificate or report may be admitted in evidence only if the party who intends to produce it has given to the party against whom it is intended to be produced reasonable notice of that intention, together with a copy of the certificate or report. 24. (1) The portion of subsection 176(1) of the Act before paragraph (a) is replaced by the following: Assistance to officer 176. (1) For the purpose of exercising his or her powers under this Part, a pollution prevention officer or a pollution response officer may (2) The portion of subsection 176(3) of the English version of the Act before paragraph (a) is replaced by the following: Authority to issue warrant (3) On ex parte application, a justice, within the meaning of section 2 of the Criminal Code, may issue a warrant authorizing a pollution prevention officer or a pollution response officer to enter living quarters, subject to any conditions that may be specified in the warrant, if the justice is satisfied by information on oath that entry to the living quarters 25. (1) Subsection 177(1) of the Act is replaced by the following: Detention 177. (1) If a pollution response officer believes on reasonable grounds that an offence under this Part has been committed by or in respect of a vessel, he or she may make a detention order in respect of the vessel. C. 29 Shipping, Marine Conserv (2) Paragraph 177(4)(b) of the Act is replaced by the following: (b) if an indictment has been preferred in respect of the offence, indicate the amount and form of security that, pending the outcome of any proceedings related to the indictment, must be deposited with the Minister of Fisheries and Oceans for the detention order to be rescinded. (3) Subsection 177(6) of the Act is replaced by the following: Rescission of orders (6) A pollution response officer must (a) rescind a detention order made under this section if he or she is satisfied that the measures indicated in the notice referred to in subsection (4) have been taken and, if applicable, security in the amount and form indicated in the notice referred to in that subsection has been deposited with the Minister of Fisheries and Oceans; and (b) notify, in the form and manner specified by the Minister of Fisheries and Oceans, the master and the persons referred to in subsection (2) of the rescission. (4) The portion of subsection 177(10) of the Act before paragraph (a) is replaced by the following: Return of security (10) The Minister of Fisheries and Oceans, after proceedings in respect of which security was deposited are concluded, 26. Section 179 of the Act is replaced by the following: Direction to move a detained vessel 179. The Minister of Fisheries and Oceans may (a) on application made by the authorized representative or, if there is no authorized representative, the owner of a detained vessel, in the form and manner specified by the Minister of Fisheries and Oceans, permit the master to move it in accordance with the directions of the Minister of Fisheries and Oceans; (b) on application made by the owner of a dock or wharf, or by the person in charge of a harbour, at which a detained vessel is 2004-2005 Marine marchande, Aires mari situated, in the form and manner specified by the Minister of Fisheries and Oceans, direct the person who is, or appears to be, in charge of the vessel to move the vessel in accordance with the directions of the Minister of Fisheries and Oceans; and (c) if a person to whom a direction is given under paragraph (b) does not comply with it and the Minister of Fisheries and Oceans is satisfied that the applicant for the direction has sufficient insurance in place to cover any incident that may arise from the moving of the vessel, authorize the applicant to move the vessel in accordance with the Minister of Fisheries and Oceans’ directions and at the expense of the authorized representative or, if there is no authorized representative, the owner. 27. Subsection 180(1) of the Act is replaced by the following: Minister may take necessary measures 180. (1) If the Minister of Fisheries and Oceans believes on reasonable grounds that a vessel or an oil handling facility has discharged, is discharging or is likely to discharge a pollutant, he or she may (a) take the measures that he or she considers necessary to repair, remedy, minimize or prevent pollution damage from the vessel or oil handling facility, including, in the case of a vessel, the removal or destruction of the vessel and its contents, and may sell or otherwise dispose of the vessel and its contents; (b) monitor the measures taken by any person to repair, remedy, minimize or prevent pollution damage from the vessel or oil handling facility; or (c) if he or she considers it necessary to do so, direct any person or vessel to take measures referred to in paragraph (a) or to refrain from doing so. 28. Paragraph 183(1)(h) of the Act is replaced by the following: C. 29 Shipping, Marine Conserv (h) a direction given under paragraph 175.1(2)(a), (c) or (d) (direction resulting from a discharge or possible discharge of a pollutant); 29. The portion of the definition “pollutant” in section 185 of the Act after paragraph (b) is replaced by the following: It includes oil and any substance or class of substances that is prescribed for the purpose of Part 8 (Pollution Prevention and Response — Department of Transport and Department of Fisheries and Oceans) to be a pollutant. 30. Section 189 of the Act is amended by adding the following after paragraph (a): (a.1) direct a vessel that is required to have a shipboard oil pollution emergency plan under the regulations to provide him or her with any information concerning it and its implementation; 31. The definition “Minister” in section 194 of the Act is replaced by the following: “Minister” « ministre » “Minister” means the Minister of Transport. 32. The definition “relevant provision” in section 210 of the Act is replaced by the following: “relevant provision” « disposition visée » “relevant provision” means a provision of this Act or the regulations that the Minister is responsible for administering, other than (a) subsection 40(1) with respect to a provision of regulations made under paragraph 35(1)(e) in relation to any of Parts 7 (Wreck), 8 (Pollution Prevention and Response — Department of Transport and Department of Fisheries and Oceans) and 10 (Pleasure Craft); and (b) a provision of any of Parts 5 (Navigation Services), 7 (Wreck), 8 (Pollution Prevention and Response — Department of Transport and Department of Fisheries and Oceans) and 10 (Pleasure Craft) or a provision of any regulation made under any of those Parts, 2004-2005 Marine marchande, Aires mari except a provision of the regulations made under paragraph 136(1)(f) in so far as it applies in respect of Canadian vessels or foreign vessels. 33. Subsection 252(1) of the Act is replaced by the following: Proof of offence 2002, c. 18 252. (1) In a prosecution of a vessel for an offence under this Act, it is sufficient proof that the vessel has committed the offence to establish that the act or omission that constitutes the offence was committed by the master or any person on board, other than a person carrying out an inspection under this Act, a pollution prevention officer or a pollution response officer, whether or not the person on board has been identified. CANADA NATIONAL MARINE CONSERVATION AREAS ACT 34. Subsection 9(4) of the Canada National Marine Conservation Areas Act is replaced by the following: Minister of Fisheries and Oceans (4) Provisions of a management plan or an interim management plan respecting fishing, aquaculture and fisheries management are subject to an agreement between the Minister and the Minister of Fisheries and Oceans. Minister of Transport and Minister of Fisheries and Oceans (4.1) Provisions of a management plan or an interim management plan respecting marine navigation and marine safety are subject to an agreement between the Minister, the Minister of Transport and the Minister of Fisheries and Oceans. 35. Subsections 16(2) and (3) of the Act are replaced by the following: Fisheries and aquaculture (2) Regulations under this section respecting fisheries management and conservation or restricting or prohibiting fishing or aquaculture may be made only on the recommendation of the Minister and the Minister of Fisheries and Oceans. C. 29 Marine matters (3) Regulations under this section restricting or prohibiting marine navigation or activities related to marine safety may be made only on the recommendation of the Minister and the Minister of Transport. 1996, c. 31 Shipping, Marine Conserv OCEANS ACT 36. Paragraphs 41(1)(c) and (d) of the Oceans Act are replaced by the following: (d) marine pollution response; and COMING INTO FORCE Order in council 37. The provisions of this Act, and the provisions of any Act as enacted by this Act, come into force on a day or days to be fixed by order of the Governor in Council. Published under authority of the Speaker of the House of Commons Available from: Publishing and Depository Services PWGSC, Ottawa, ON K1A 0S5 Also available on the Parliamentary Intern Aussi disponible sur le réseau électronique « Parliam http://www Available from: Publishing and Depository Services PWGSC, Ottawa, ON K1A 0S5

First Session, Thirty-eighth Parliament, 53-54 Elizabeth II, 2004-2005 STATUTES OF CANADA 2005 CHAPTER 15 An Act to amend the Financial Administration Act, the Canada School of Public Service Act and the Official Languages Act ASSENTED TO 21st APRIL, 2005 BILL C-8 SUMMARY This enactment amends the Financial Administration Act to establish the office of the President of the Public Service Human Resources Management Agency of Canada and to provide that the President of the Treasury Board is responsible for the coordination of the activities of the Secretary of the Treasury Board, the President of the Public Service Human Resources Management Agency of Canada and the Comptroller General of Canada. This enactment also amends the Canada School of Public Service Act and the Official Languages Act to refer to the President of the Public Service Human Resources Management Agency of Canada. All parliamentary publications are available on the Parliamentary Internet Parlementaire at the following address: http://www.parl.gc.ca 53-54 ELIZABETH II —————— CHAPTER 15 An Act to amend the Financial Administration Act, the Canada School of Public Service Act and the Official Languages Act [Assented to 21st April, 2005] Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: R.S., c. F-11 FINANCIAL ADMINISTRATION ACT 1. (1) Section 6 of the Financial Administration Act is amended by adding the following after subsection (2): President of the Public Service Human Resources Management Agency of Canada (2.1) The Governor in Council may appoint an officer called the President of the Public Service Human Resources Management Agency of Canada to hold office during pleasure, which officer ranks as and has the powers of a deputy head of a department. (2) Section 6 of the Act is amended by adding the following after subsection (3): Delegation to President of Agency (3.1) The Treasury Board may, subject to any terms and conditions that it considers appropriate, delegate to the President of the Public Service Human Resources Management Agency of Canada (a) any of the powers or functions in relation to human resources management, official languages, employment equity, and values and ethics that it is authorized to exercise under any Act of Parliament or by any order made by the Governor in Council; or C. 15 Financial Administration, Canada School (b) any of the powers or functions in relation to employment that it is authorized to exercise under the Public Service Employment Act. President of the Treasury Board to coordinate activities (3.2) The President of the Treasury Board is responsible for the coordination of the activities of the Secretary of the Treasury Board, the President of the Public Service Human Resources Management Agency of Canada and the Comptroller General of Canada and may, subject to any terms and conditions that the President of the Treasury Board considers appropriate, delegate that responsibility to the Secretary of the Treasury Board or to any person under the President of the Treasury Board’s jurisdiction. 1991, c. 16; 2003, c. 22, s. 22 CANADA SCHOOL OF PUBLIC SERVICE ACT 2003, c. 22, s. 28 2. Subsection 10(3) of the Canada School of Public Service Act is replaced by the following: Ex officio governors (3) The Secretary of the Treasury Board, the President of the Public Service Human Resources Management Agency of Canada and the President of the School are ex officio governors. R.S., c. 31 (4th Supp.) OFFICIAL LANGUAGES ACT 3. Section 47 of the Official Languages Act is replaced by the following: Audit reports to be made available to Commissioner 47. The President of the Public Service Human Resources Management Agency of Canada shall provide the Commissioner with any audit reports that are prepared pursuant to paragraph 46(2)(d). COORDINATING AMENDMENTS 2003, c. 22 4. If section 5 of the Public Service Modernization Act comes into force before the day on which section 1 of this Act comes into force, then, on the later of the day on which this Act receives Royal Assent and the day on which that section 5 comes into force, section 1 of this Act is repealed and the Financial Administration Act is amended as follows: 2004-2005 Gestion des finances publiques, École de la offici (a) section 6 is amended by adding the following after subsection (2): President of the Public Service Human Resources Management Agency of Canada (2.1) The Governor in Council may appoint an officer called the President of the Public Service Human Resources Management Agency of Canada to hold office during pleasure, which officer ranks as and has the powers of a deputy head of a department. (b) section 6 is amended by adding the following after subsection (4): Delegation to President of Agency (4.1) The Treasury Board may, subject to any terms and conditions that it considers appropriate, delegate to the President of the Public Service Human Resources Management Agency of Canada (a) any of the powers or functions in relation to human resources management, official languages, employment equity, and values and ethics that it is authorized to exercise under any Act of Parliament or by any order made by the Governor in Council; or (b) any of the powers or functions in relation to employment that it is authorized to exercise under the Public Service Employment Act. President of the Treasury Board to coordinate activities (4.2) The President of the Treasury Board is responsible and accountable for the coordination of the activities of the Secretary of the Treasury Board, the President of the Public Service Human Resources Management Agency of Canada and the Comptroller General of Canada and may, subject to any terms and conditions that the President of the Treasury Board considers appropriate, delegate that responsibility to the Secretary of the Treasury Board or to any person under the President of the Treasury Board’s jurisdiction. (c) subsections 6(5) and (6) are replaced by the following: Exception (5) Subsections (4) and (4.1) do not apply in respect of the Treasury Board’s power to delegate under those subsections or to its power to make regulations. C. 15 Sub-delegation (6) Any person to whom powers or functions are delegated under subsection (4) or (4.1) may, subject to and in accordance with the delegation, sub-delegate any of those powers or functions to any person under their jurisdiction. 2003, c. 22 5. If section 5 of the Public Service Modernization Act comes into force after the day on which section 1 of this Act comes into force, then, on the day on which that section 5 comes into force, the Financial Administration Act is amended in the manner and to the extent set out in paragraphs 4(a) to (c) of this Act. Financial Administration, Canada School TRANSITIONAL President of the Public Service Human Resources Management Agency of Canada 6. The person occupying the position of President of the Public Service Human Resources Management Agency of Canada on the day on which section 1 comes into force or the day on which section 4 or 5 operates according to its terms, as the case may be, is deemed, as of that day, to be appointed to that position under subsection 6(2.1) of the Financial Administration Act and continues to occupy it until another person is appointed to that position under that subsection. COMING INTO FORCE Order in council 7. The provisions of this Act, other than sections 4 to 6, come into force on a day or days to be fixed by order of the Governor in Council. Published under authority of the Speaker of the House of Commons Available from: Publishing and Depository Services PWGSC, Ottawa, ON K1A 0S5 Also available on the Parliamentary Intern Aussi disponible sur le réseau électronique « Parliam http://www Available from: Publishing and Depository Services PWGSC, Ottawa, ON K1A 0S5

First Session, Thirty-eighth Parliament, 53-54 Elizabeth II, 2004-2005 STATUTES OF CANADA 2005 CHAPTER 1 An Act to give effect to a land claims and self-government agreement among the Tlicho, the Government of the Northwest Territories and the Government of Canada, to make related amendments to the Mackenzie Valley Resource Management Act and to make consequential amendments to other Acts ASSENTED TO 15th FEBRUARY, 2005 BILL C-14 RECOMMENDATION Her Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled “An Act to give effect to a land claims and self-government agreement among the Tlicho, the Government of the Northwest Territories and the Government of Canada, to make related amendments to the Mackenzie Valley Resource Management Act and to make consequential amendments to other Acts”. SUMMARY This enactment gives effect to the Tlicho Land Claims and Self-Government Agreement and the Tlicho Tax Treatment Agreement. It includes related amendments to the Mackenzie Valley Resource Management Act and consequential amendments to a number of other Acts. All parliamentary publications are available on the Parliamentary Internet Parlementaire at the following address: http://www.parl.gc.ca TABLE OF PROVISIONS AN ACT TO GIVE EFFECT TO A LAND CLAIMS AND SELF-GOVERNMENT AGREEMENT AMONG THE TLICHO, THE GOVERNMENT OF THE NORTHWEST TERRITORIES AND THE GOVERNMENT OF CANADA, TO MAKE RELATED AMENDMENTS TO THE MACKENZIE VALLEY RESOURCE MANAGEMENT ACT AND TO MAKE CONSEQUENTIAL AMENDMENTS TO OTHER ACTS Preamble SHORT TITLE 1. Short title INTERPRETATION 2. Definitions AGREEMENT 3. Agreement given effect 4. Publication of Agreement and amendments OTHER LAWS 5. Conflict between the Agreement or this Act and other legislation APPROPRIATION 6. Payments out of C.R.F. TAXATION 7. Tax Treatment Agreement given effect WEKEEZHII RENEWABLE RESOURCES BOARD 8. Legal capacity GENERAL 9. Judicial notice of Agreements 10. Judicial notice of Tlicho laws 11. Statutory Instruments Act 12. Orders and regulations i 13. Eligibility Committee 14. Notice of issues arising AMENDMENTS TO THE MACKENZIE VALLEY RESOURCE MANAGEMENT ACT 15-94. Mackenzie Valley Resource Management Act TRANSITIONAL PROVISIONS 95. Wekeezhii Land and Water Board 96. Validity of ordinances of the Northwest Territories CONSEQUENTIAL AMENDMENTS 97. Access to Information Act 98. Canada Lands Surveys Act 99. Canadian Environmental Assessment Act 100. Lobbyists Registration Act 101-102. Northwest Territories Act 103-104. Northwest Territories Waters Act 105. Payments in Lieu of Taxes Act 106. Privacy Act COORDINATING AMENDMENTS 107. Access to Information Act 108. Lobbyists Registration Act 109. Privacy Act 110. Other amendments COMING INTO FORCE 111. Order in council 53-54 ELIZABETH II —————— CHAPTER 1 An Act to give effect to a land claims and selfgovernment agreement among the Tlicho, the Government of the Northwest Territories and the Government of Canada, to make related amendments to the Mackenzie Valley Resource Management Act and to make consequential amendments to other Acts [Assented to 15th February, 2005] Preamble WHEREAS the Tlicho is an aboriginal people of Canada that has used and occupied lands in and adjacent to the Northwest Territories from time immemorial; WHEREAS the Tlicho, as represented by the Dogrib Treaty 11 Council, the Government of the Northwest Territories and the Government of Canada negotiated a land claims and selfgovernment agreement in order to define and provide certainty in respect of rights of the Tlicho relating to lands, resources and selfgovernment; WHEREAS the Tlicho, by a vote held on June 26 and 27, 2003, approved the agreement; WHEREAS the Tlicho, as represented by the Dogrib Treaty 11 Council, the Government of the Northwest Territories and the Government of Canada signed the agreement on August 25, 2003; WHEREAS on October 10, 2003 the Commissioner in Council of the Northwest Territories made an ordinance entitled the Tlicho Land Claims and Self-Government Agreement Act approving the agreement; C. 1 Tlicho Land Claims a AND WHEREAS the agreement provides that the agreement will be a land claims agreement within the meaning of section 35 of the Constitution Act, 1982 and that approval by Parliament is a condition precedent to the validity of the agreement; NOW, THEREFORE, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: SHORT TITLE Short title 1. This Act may be cited as the Tlicho Land Claims and Self-Government Act. INTERPRETATION Definitions “Agreement” « Accord » “Tax Treatment Agreement” « accord sur le traitement fiscal » 2. The following definitions apply in this Act. “Agreement” means the Land Claims and SelfGovernment Agreement among the Tlicho, the Government of the Northwest Territories and the Government of Canada, signed on August 25, 2003, including any amendments made to it from time to time. “Tax Treatment Agreement” means the Tlicho Tax Treatment Agreement among the Government of Canada, the Government of the Northwest Territories and the Tlicho First Nation, signed on behalf of the Government of Canada on February 6, 2003, on behalf of the Government of the Northwest Territories on February 27, 2003 and on behalf of the Tlicho First Nation on March 3, 2003, including any amendments made to it from time to time. “Tlicho Government” « gouvernement tlicho » “Tlicho Government” means the government of the Tlicho First Nation established in accordance with chapter 7 of the Agreement. “Tlicho law” « loi tlicho » “Tlicho law” means a law enacted by the Tlicho Government. 2004-2005 Revendications territoriales et autonom AGREEMENT Agreement given effect 3. (1) The Agreement is approved, given effect and declared valid and has the force of law. Rights and obligations (2) For greater certainty, any person or body may exercise the powers, rights, privileges and benefits conferred on the person or body by the Agreement and shall perform the duties, and is subject to the liabilities, imposed on the person or body by the Agreement. Agreement binding (3) For greater certainty, the Agreement is binding on, and may be relied on by, all persons and bodies. Publication of Agreement and amendments 4. The Minister of Indian Affairs and Northern Development shall cause a copy of the Agreement and of any amendments made to it to be deposited in (a) the Library of Parliament; (b) the library of the Legislative Assembly of the Northwest Territories; (c) the main office of the Tlicho Government; (d) the library of the Department of Indian Affairs and Northern Development that is situated in the National Capital Region; (e) the office of the Registrar of Land Titles for the Northwest Territories; (f) the regional office of the Department of Indian Affairs and Northern Development that is situated in the Northwest Territories; and (g) any other places that that Minister considers necessary. OTHER LAWS Conflict between the Agreement or this Act and other legislation 5. (1) In the event of an inconsistency or conflict between the Agreement or this Act, or any regulations made under this Act, and the provisions of any other Act of Parliament, any ordinance of the Northwest Territories, any regulations made under any of those other Acts or ordinances, or any Tlicho law, then the Agreement or this Act, or regulations made under this Act, as the case may be, prevail to the extent of the inconsistency or conflict. C. 1 Conflict between the Agreement and this Act (2) In the event of an inconsistency or conflict between the Agreement and the provisions of this Act or any regulations made under this Act, the Agreement prevails to the extent of the inconsistency or conflict. Tlicho Land Claims a APPROPRIATION Payments out of C.R.F. 6. There shall be paid out of the Consolidated Revenue Fund any sums that are required to meet the monetary obligations of Canada under chapters 9, 18 and 24 to 26 of the Agreement. TAXATION Tax Treatment Agreement given effect 7. (1) The Tax Treatment Agreement is approved, given effect and declared valid and has the force of law during the period that it is in effect. Not a treaty (2) The Tax Treatment Agreement does not form part of the Agreement and is not a treaty or a land claims agreement within the meaning of section 35 of the Constitution Act, 1982. WEKEEZHII RENEWABLE RESOURCES BOARD Legal capacity 8. For the purposes of carrying out its objectives, the Wekeezhii Renewable Resources Board established by chapter 12 of the Agreement has the capacity, rights, powers and privileges of a natural person. GENERAL Judicial notice of Agreements 9. (1) Judicial notice shall be taken of the Agreement and the Tax Treatment Agreement. Publication of Agreements (2) The Agreement and the Tax Treatment Agreement shall be published by the Queen’s Printer. Evidence (3) A copy of the Agreement or the Tax Treatment Agreement published by the Queen’s Printer is evidence of that Agreement, and a copy purporting to be published by the Queen’s Printer is deemed to be so published, unless the contrary is shown. Judicial notice of Tlicho laws 10. (1) Judicial notice shall be taken of Tlicho laws. 2004-2005 Evidence of Tlicho laws Statutory Instruments Act Revendications territoriales et autonom (2) A copy of a Tlicho law purporting to be deposited in the public registry of Tlicho laws referred to in chapter 7 of the Agreement is evidence of that law and of its contents, unless the contrary is shown. 11. For greater certainty, Tlicho laws are not statutory instruments within the meaning of the Statutory Instruments Act. Orders and regulations 12. The Governor in Council may make any orders and regulations that are necessary for the purpose of carrying out the Agreement or the Tax Treatment Agreement. Eligibility Committee 13. Despite having been established before the effective date of the Agreement, the Eligibility Committee referred to in chapter 3 of the Agreement is deemed to have been validly established under the Agreement and to have had, since it was established, the jurisdiction, powers and authority provided by the Agreement. Notice of issues arising 14. (1) If, in any judicial or administrative proceeding, an issue arises in respect of (a) the interpretation, validity or applicability of the Agreement, or (b) the validity or applicability of this Act, the ordinance of the Northwest Territories entitled the Tlicho Land Claims and SelfGovernment Agreement Act or any Tlicho law, the issue shall not be decided until the party raising the issue has served notice on the Attorney General of Canada, the Attorney General of the Northwest Territories and the Tlicho Government. Content of notice (2) The notice must (a) describe the judicial or administrative proceeding in which the issue arises; (b) state whether the issue arises in respect of the matters referred to in paragraph (1)(a) or (b) or both; (c) state the day on which the issue is to be argued; (d) give particulars necessary to show the point to be argued; and C. 1 Tlicho Land Claims a (e) be served at least 14 days before the day of argument, unless the court or tribunal authorizes a shorter period. Participation in proceedings (3) In any judicial or administrative proceeding to which subsection (1) applies, the Attorney General of Canada, the Attorney General of the Northwest Territories and the Tlicho Government may appear and participate in the proceeding as parties with the same rights as any other party. Saving (4) For greater certainty, subsections (2) and (3) do not require that an oral hearing be held if one is not otherwise required. 1998, c. 25 AMENDMENTS TO THE MACKENZIE VALLEY RESOURCE MANAGEMENT ACT 15. (1) The definitions “first nation”, “land claim agreement”, “local government”, “settlement area” and “settlement lands” in section 2 of the Mackenzie Valley Resource Management Act are replaced by the following: “first nation” « première nation » “first nation” means the Gwich’in First Nation, the Sahtu First Nation or bodies representing other Dene or Metis of the North Slave, South Slave or Deh Cho region of the Mackenzie Valley, but does not include the Tlicho First Nation or the Tlicho Government. “land claim agreement” « accord de revendication » “land claim agreement” means the Gwich’in Agreement, the Sahtu Agreement or the Tlicho Agreement. “local government” « administration locale » “settlement area” « région désignée » “local government” means any local government established under the laws of the Northwest Territories, including a city, town, village, hamlet, charter community, settlement or government of a Tlicho community, whether incorporated or not, and includes the territorial government acting in the place of a local government pursuant to those laws. “settlement area” means the area described in appendix A to the Gwich’in Agreement or in appendix A to the Sahtu Agreement. 2004-2005 “settlement lands” « terres désignées » Revendications territoriales et autonom “settlement lands” means lands referred to as settlement lands in the Gwich’in Agreement or the Sahtu Agreement. (2) Section 2 of the Act is amended by adding the following in alphabetical order: “Monfwi Gogha De Niitlee” « Monfwi gogha de niitlee » “Monfwi Gogha De Niitlee” means the area described in part 1 of the appendix to chapter 1 of the Tlicho Agreement. “territorial law” « règle de droit territoriale » “territorial law” means an ordinance of the Northwest Territories and any regulations made under such an ordinance. “Tlicho Agreement” « accord tlicho » “Tlicho citizen” « citoyen tlicho » “Tlicho community” « collectivité tlicho » “Tlicho First Nation” « première nation tlicho » “Tlicho Agreement” means the Land Claims and Self-Government Agreement among the Tlicho, the Government of the Northwest Territories and the Government of Canada, signed on August 25, 2003 and approved, given effect and declared valid by the Tlicho Land Claims and Self-Government Act, as that Agreement is amended from time to time in accordance with its provisions. “Tlicho citizen” means a person whose name is on the Register as defined in chapter 1 of the Tlicho Agreement. “Tlicho community” means a community for which a community government is established in accordance with chapter 8 of the Tlicho Agreement. “Tlicho First Nation” means the aboriginal people of Canada to whom section 35 of the Constitution Act, 1982 applies, consisting of all Tlicho citizens. “Tlicho Government” « gouvernement tlicho » “Tlicho Government” means the government of the Tlicho First Nation established in accordance with chapter 7 of the Tlicho Agreement. “Tlicho lands” « terres tlichos » “Tlicho lands” means Tlicho lands as defined in chapter 1 of the Tlicho Agreement. “Tlicho law” « loi tlicho » “Tlicho law” means a law enacted by the Tlicho Government. 8 “Wekeezhii” « Wekeezhii » C. 1 Tlicho Land Claims a “Wekeezhii” means the area described in part 2 of the appendix to chapter 1 of the Tlicho Agreement. 16. Section 4 of the Act is amended by adding the following after subsection (3): Delegation by Tlicho Government (4) The Tlicho Government may, in conformity with the Tlicho Agreement, delegate any of its functions under this Act to (a) a body or office established by a Tlicho law; (b) any department, agency or office of the federal or the territorial government; (c) a board or other public body established by or under an Act of Parliament or by a territorial law; or (d) a local government. 17. The Act is amended by adding the following after section 5: Agreement between Tlicho Government and another aboriginal people 5.1 The rights of the Tlicho First Nation, Tlicho citizens and the Tlicho Government under this Act are subject to the provisions of any agreement entered into between the Tlicho Government and an aboriginal people, other than the Tlicho First Nation, under 2.7.3 of chapter 2 of the Tlicho Agreement. 18. Subsection 8(1) of the Act is replaced by the following: Consultation 8. (1) The federal Minister shall consult the first nations and the Tlicho Government with respect to the amendment of this Act. 19. (1) Subsection 11(1) of the Act is replaced by the following: Appointment of members by federal Minister 11. (1) The members of a board — other than the chairperson, any members appointed pursuant to a determination under section 15 and any members appointed by the Tlicho Government under subsection 57.1(2) or in accordance with an agreement referred to in that subsection — shall be appointed by the federal Minister in accordance with Parts 2 to 5. 2004-2005 Revendications territoriales et autonom (2) The portion of subsection 11(2) of the Act before paragraph (a) is replaced by the following: Alternate members (2) Except in the case of the Wekeezhii Land and Water Board, the federal Minister may appoint 20. Subsections 12(1) and (2) of the Act are replaced by the following: Chairperson 12. (1) Except in the case of the Wekeezhii Land and Water Board, the chairperson of a board shall be appointed by the federal Minister from persons nominated by a majority of the members. Appointment by federal Minister (2) Except in the case of the Wekeezhii Land and Water Board, if a majority of the members does not nominate a person acceptable to the federal Minister within a reasonable time, the Minister may appoint any person as chairperson of the board. Wekeezhii Land and Water Board (2.1) The chairperson of the Wekeezhii Land and Water Board shall be appointed jointly by the federal Minister and the Tlicho Government on the nomination of the members of the Board other than the chairperson. 21. Subsection 14(3) of the Act is replaced by the following: Removal by federal Minister after consultation (3) A member who has been appointed by the federal Minister may not be removed from office except after consultation by the federal Minister with the board and, where applicable, with the territorial Minister, the first nation or the Tlicho Government that nominated the member. Removal by Tlicho Government after consultation (4) A member of the Wekeezhii Land and Water Board who has been appointed by the Tlicho Government may not be removed from C. 1 Tlicho Land Claims a office except after consultation by the Tlicho Government with the Board and the federal Minister. 22. Section 15 of the Act is replaced by the following: Implementation of right of representation of other aboriginal peoples 15. Despite any provision of this Act respecting members of a board, if an aboriginal people has a right under a land claim agreement to representation on that board in relation to a decision of the board that might affect an area used by that aboriginal people that is outside the board’s area of jurisdiction, the board shall, in accordance with that land claim agreement, determine how to implement that right. 23. Subsection 16(2) of the Act is replaced by the following: Status or entitlements under agreement (2) A member of a board is not placed in a material conflict of interest merely because of any status or entitlement conferred on the member under the Gwich’in Agreement, the Sahtu Agreement, the Tlicho Agreement or any other agreement between a first nation and Her Majesty in right of Canada for the settlement of a claim to lands. 24. Subsection 17(1) of the Act is replaced by the following: Remuneration 17. (1) Members of a board, other than any members appointed pursuant to a determination under section 15, shall be paid such fees or other remuneration as the federal Minister may fix. 25. Section 22 of the Act is replaced by the following: Government information 22. Subject to any other federal or territorial law and to any Tlicho law, a board may obtain from any department or agency of the federal or territorial government or the Tlicho Government any information in the possession of the department or agency or the Tlicho Government that the board requires for the performance of its functions. 26. Section 24 of the Act is replaced by the following: 2004-2005 Revendications territoriales et autonom Hearings 24. In addition to hearings that a board is authorized or required to hold under this Act, a board may conduct any hearings that it considers to be desirable for the purpose of carrying out any of its functions. Coordination 24.1 A board shall coordinate its activities, including hearings, with the activities of (a) other boards; (b) departments and agencies of the federal government that have responsibility for the administration, management and control of parks to which the Canada National Parks Act applies or lands acquired pursuant to the Historic Sites and Monuments Act; (c) committees established under any of the land claim agreements for the management of parks to which the Canada National Parks Act applies; (d) committees, or similar bodies, established for the management of protected areas as defined in any of the land claim agreements; (e) renewable resources boards established under any of the land claim agreements; and (f) land use planning bodies established for Wekeezhii or any part of Wekeezhii. 27. (1) Subsection 31(1) of the Act is replaced by the following: Statutory Instruments Act 31. (1) Sections 3, 5 and 11 of the Statutory Instruments Act do not apply in respect of rules under section 30, a land use plan or amendment thereto under Part 2, rules under subsection 49(2), guidelines or policies under section 65, policy directions under subsection 83(1) or (2), directions under section 106, policy directions under section 109 or 109.1 or guidelines under section 120. (2) Section 31 of the Act is amended by adding the following after subsection (2): 12 Statutory Instruments Act 2002, c. 8, par. 182(1)(x) C. 1 Tlicho Land Claims a (3) For greater certainty, permits issued by a board under Part 3 or 4 either before or after the coming into force of this subsection are not statutory instruments within the meaning of the Statutory Instruments Act. 28. Section 32 of the Act and the heading before it are replaced by the following: JURISDICTION OF COURTS Concurrent jurisdiction 32. (1) Notwithstanding the exclusive jurisdiction referred to in section 18 of the Federal Courts Act, the Attorney General of Canada or anyone directly affected by the matter in respect of which relief is sought may make an application to the Supreme Court of the Northwest Territories for any relief against a board by way of an injunction or declaration or by way of an order in the nature of certiorari, mandamus, quo warranto or prohibition. Exclusive original jurisdiction (2) Despite subsection (1) and section 18 of the Federal Courts Act, the Supreme Court of the Northwest Territories has exclusive original jurisdiction to hear and determine any action or proceeding, whether or not by way of an application of a type referred to in subsection (1), concerning the jurisdiction of the Mackenzie Valley Land and Water Board or the Mackenzie Valley Environmental Impact Review Board. 29. (1) The definition “board” in section 51 of the Act is replaced by the following: “board” « office » “board” means the Gwich’in Land and Water Board, the Sahtu Land and Water Board or the Wekeezhii Land and Water Board established by sections 54, 56 and 57.1, respectively. (2) Section 51 of the Act is amended by adding the following in alphabetical order: “management area” « zone de gestion » “management area” means an area in respect of which a board has been established, namely, 2004-2005 Revendications territoriales et autonom (a) in the case of the Gwich’in Land and Water Board, the area described in appendix A to the Gwich’in Agreement; (b) in the case of the Sahtu Land and Water Board, the area described in appendix A to the Sahtu Agreement; and (c) in the case of the Wekeezhii Land and Water Board, Wekeezhii. 2000, c. 32, s. 53 30. (1) Subsections 52(1) and (2) of the Act are replaced by the following: National parks and historic sites 52. (1) This Part, except sections 78, 79, 79.2 and 79.3, does not apply in respect of the use of land or waters or the deposit of waste within a park to which the Canada National Parks Act applies or within lands acquired pursuant to the Historic Sites and Monuments Act. Consultation with board (2) Notwithstanding subsection (1), an authority responsible for authorizing uses of land or waters or deposits of waste in a portion of a management area excluded by that subsection from the application of this Part shall consult the board established for that management area before authorizing any such use or deposit. (2) Subsection 52(3) of the English version of the Act is replaced by the following: Consultation with authority (3) A board shall consult a responsible authority referred to in subsection (2) before issuing a licence, permit or authorization for a use of land or waters or deposit of waste that may have an effect in the portion of the management area in which the authority is responsible. 31. The Act is amended by adding the following after section 57: WEKEEZHII LAND AND WATER BOARD Board established 57.1 (1) There is hereby established, in respect of Wekeezhii, a board to be known as the Wekeezhii Land and Water Board. C. 1 Membership (2) The Board shall consist of five members including, apart from the chairperson, two members who, subject to any agreement between the Tlicho Government and an aboriginal people of Canada to whom section 35 of the Constitution Act, 1982 applies, other than the Tlicho First Nation, are appointed by the Tlicho Government and one member who is appointed on the nomination of the territorial Minister. Consultation (3) The federal Minister and the Tlicho Government shall consult each other before making their appointments. Quorum (4) A quorum of the Board consists of three members, or any larger number that is determined by the Board, including one of the members appointed by the Tlicho Government or in accordance with any agreement referred to in subsection (2) and one of the members appointed by the federal Minister, other than the chairperson. Main office 57.2 The main office of the Board shall be located in Wekeezhii. Tlicho Land Claims a 32. Section 58 of the Act is replaced by the following: Objectives — Gwich’in and Sahtu Land and Water Boards 58. The Gwich’in Land and Water Board and the Sahtu Land and Water Board shall regulate the use of land and waters and the deposit of waste so as to provide for the conservation, development and utilization of land and water resources in a manner that will provide the optimum benefit for residents of their respective management areas and of the Mackenzie Valley and for all Canadians. Objectives — Wekeezhii Land and Water Board 58.1 The Wekeezhii Land and Water Board shall regulate the use of land and waters and the deposit of waste so as to provide for the conservation, development and utilization of land and water resources in a manner that will provide the optimum benefit generally for all Canadians and in particular for residents of its management area. 33. Subsection 59(1) of the Act is replaced by the following: Jurisdiction — land 59. (1) A board has jurisdiction in respect of all uses of land in its management area for which a permit is required under this Part and 2004-2005 Revendications territoriales et autonom may, in accordance with the regulations, issue, amend, renew, suspend and cancel permits and authorizations for the use of land, and approve the assignment of permits. 34. (1) Subsection 60(1) of the Act is replaced by the following: Jurisdiction — water and waste 60. (1) A board has jurisdiction in respect of all uses of waters and deposits of waste in its management area for which a licence is required under the Northwest Territories Waters Act and may (a) issue, amend, renew and cancel licences and approve the assignment of licences, in accordance with that Act, and (b) exercise any other power of the Northwest Territories Water Board under that Act, and, for those purposes, references in that Act to that Board shall be read as references to the board. 1998, c. 15, par. 48(b) (2) Subsection 60(3) of the Act is replaced by the following: Effect outside management area (3) In respect of a use of waters or deposit of waste in a management area that has an effect in a region of the Northwest Territories or Nunavut outside the management area, subsections 14(4) and (5) of the Northwest Territories Waters Act apply in relation to the protection of the rights of licensees and other persons referred to in those subsections who are in such a region. (3) Subsections 60(4) and (5) of the Act are replaced by the following: Northwest Territories Waters Act (4) Notwithstanding subsection (1), the following provisions of the Northwest Territories Waters Act do not apply in respect of a management area, namely, sections 10 to 13, subsection 14(6), sections 20 and 22, paragraphs 23(1)(b) and (2)(b), section 24, section 26 except in relation to type A licences under that Act, sections 27 and 28 and subsection 37(2). 16 Northwest Territories Waters Act C. 1 Tlicho Land Claims a (5) Notwithstanding subsection (1), section 31 of the Northwest Territories Waters Act does not apply in respect of first nation lands or Tlicho lands. 35. Section 61 of the Act is replaced by the following: Considerations 60.1 In exercising its powers, a board shall consider (a) the importance of conservation to the well-being and way of life of the aboriginal peoples of Canada to whom section 35 of the Constitution Act, 1982 applies and who use an area of the Mackenzie Valley; and (b) any traditional knowledge and scientific information that is made available to it. Conformity with land use plan — Gwich’in and Sahtu Boards 61. (1) The Gwich’in Land and Water Board and the Sahtu Land and Water Board may not issue, amend or renew a licence, permit or authorization except in accordance with an applicable land use plan under Part 2. Conformity with land use plan — Wekeezhii Board (2) The Wekeezhii Land and Water Board may not issue, amend or renew a licence, permit or authorization except in accordance with any land use plan, established under a federal, territorial or Tlicho law, that is applicable to any part of its management area. Conformity with Tlicho laws — Wekeezhii Board 61.1 The Wekeezhii Land and Water Board may not exercise its discretionary powers relating to the use of Tlicho lands except in accordance with any Tlicho laws enacted under 7.4.2 of chapter 7 of the Tlicho Agreement. 36. Subsection 63(2) of the Act is replaced by the following: Notice of applications (2) A board shall notify affected communities and first nations of an application made to the board for a licence, permit or authorization and allow a reasonable period of time for them to make representations to the board with respect to the application. 2004-2005 Revendications territoriales et autonom Notice to Tlicho Government (3) The Wekeezhii Land and Water Board shall notify the Tlicho Government of an application made to the Board for a licence, permit or authorization and allow a reasonable period of time for it to make representations to the Board with respect to the application. Consultation with Tlicho Government (4) The Wekeezhii Land and Water Board shall consult the Tlicho Government before issuing, amending or renewing any licence, permit or authorization for a use of Tlicho lands or waters on those lands or a deposit of waste on those lands or in those waters. 37. (1) Subsection 64(1) of the Act is replaced by the following: Heritage resources 64. (1) A board shall seek and consider the advice of any affected first nation and, in the case of the Wekeezhii Land and Water Board, the Tlicho Government and any appropriate department or agency of the federal or territorial government respecting the presence of heritage resources that might be affected by a use of land or waters or a deposit of waste proposed in an application for a licence or permit. (2) Subsection 64(2) of the English version of the Act is replaced by the following: Wildlife resources (2) A board shall seek and consider the advice of the renewable resources board established by the land claim agreement applicable in its management area respecting the presence of wildlife and wildlife habitat that might be affected by a use of land or waters or a deposit of waste proposed in an application for a licence or permit. 38. Section 68 of the Act is repealed. 39. Section 73 of the Act is renumbered as subsection 73(1) and is amended by adding the following: Wildlife harvesting and traditional use — Tlicho citizens (2) Despite sections 8 and 9 of the Northwest Territories Waters Act — and subject to any applicable Tlicho laws and, in relation to waters that are on settlement lands, any limitations under the applicable land claim agreement that are of the same type as those that apply in relation to waters on Tlicho lands — Tlicho citizens have the right to use water in the part of C. 1 Tlicho Land Claims a Monfwi Gogha De Niitlee that is in the Northwest Territories without a licence, for purposes of wildlife harvesting under 10.1.1 of chapter 10 of the Tlicho Agreement, for purposes of transportation related to such wildlife harvesting and for heritage, cultural or spiritual purposes of the Tlicho First Nation. 40. The portion of section 76 of the Act before paragraph (a) is replaced by the following: Issuance, amendment or renewal of licences, etc. 76. The Gwich’in Land and Water Board or the Sahtu Land and Water Board may issue, amend or renew a licence, permit or authorization where the use of land or waters or the deposit of waste proposed by the applicant would, in the opinion of the board, interfere with a first nation’s rights under section 75, if the board is satisfied that 41. Section 77 of the Act and the heading before it are replaced by the following: COMPENSATION — GWICH’IN AND SAHTU FIRST NATIONS Conditions for licence 77. The Gwich’in Land and Water Board or the Sahtu Land and Water Board may not issue, amend or renew a licence pursuant to section 76 unless (a) the applicant and the first nation enter into an agreement to compensate the first nation for any loss or damage resulting from any substantial alteration to the quality, quantity or rate of flow of waters when on or flowing through its first nation lands, or waters adjacent to its first nation lands; or (b) the applicant or the first nation applies to the board for a determination pursuant to subsection 79(1). 1998, c. 15, par. 48(c); 2000, c. 32, s. 54 42. Subsection 78(1) of the Act is replaced by the following: 2004-2005 Application to water authority Revendications territoriales et autonom 78. (1) If the Gwich’in Land and Water Board or the Sahtu Land and Water Board determines that a use of waters or a deposit of waste that is proposed, in an application made to a water authority, to be carried out in (a) an area of the Northwest Territories or Nunavut outside the board’s management area, or (b) a park to which the Canada National Parks Act applies, or lands acquired pursuant to the Historic Sites and Monuments Act, in the board’s management area would be likely to substantially alter the quality, quantity or rate of flow of waters when on or flowing through first nation lands of the Gwich’in or Sahtu First Nation or waters adjacent to those first nation lands, the board shall notify the water authority in writing of its determination. 43. (1) Subsection 79(1) of the Act is replaced by the following: Referral of compensation to Board 79. (1) If a compensation agreement referred to in section 77 or 78 is not entered into within the period allowed by the rules of the Gwich’in Land and Water Board or the Sahtu Land and Water Board, as the case may be, the applicant or the first nation may apply to the board for a determination of compensation. (2) Subparagraph 79(2)(a)(i) of the English version of the Act is replaced by the following: (i) the first nation’s use of waters when on or flowing through its first nation lands or waters adjacent to its first nation lands, and 44. The Act is amended by adding the following after section 79: COMPENSATION — TLICHO FIRST NATION Conditions for licence 79.1 The Wekeezhii Land and Water Board may not issue, amend or renew a licence for the use of waters or the deposit of waste if, in its opinion, that use or deposit is likely to substantially alter the quality, quantity or rate C. 1 Tlicho Land Claims a of flow of waters when on or flowing through Tlicho lands or waters adjacent to Tlicho lands unless (a) the Board is satisfied that there is no alternative that could reasonably satisfy the requirements of the applicant and that there are no reasonable measures by which the applicant could avoid the alteration; and (b) the applicant has entered into an agreement with the Tlicho Government to compensate the Tlicho First Nation for any loss or damage that may be caused by the alteration, or the applicant or the Tlicho Government has applied to the Board under subsection 79.3(1) for a determination of compensation for that loss or damage. Application to water authority 79.2 (1) If the Wekeezhii Land and Water Board determines that a use of waters or a deposit of waste that is proposed, in an application made to a water authority, to be carried out in (a) Nunavut or an area of the Northwest Territories outside Wekeezhii, or (b) a park to which the Canada National Parks Act applies, or lands acquired pursuant to the Historic Sites and Monuments Act, in Wekeezhii would be likely to substantially alter the quality, quantity or rate of flow of waters when on or flowing through Tlicho lands or waters adjacent to Tlicho lands, the Board shall notify the water authority in writing of its determination. Access to information (2) A water authority shall provide the Board with any information in its possession that the Board requires in order to make a determination under subsection (1). Conditions for authorization (3) Despite any other Act, a water authority that is notified by the Board under subsection (1) may not authorize the proposed use of waters or deposit of waste unless 2004-2005 Revendications territoriales et autonom (a) the applicant and the Tlicho Government have entered into an agreement to compensate the Tlicho First Nation for any loss or damage that may be caused by the alteration; or (b) the applicant or the Tlicho Government applies to the Board under subsection 79.3(1) for a determination. Referral of compensation to Wekeezhii Board 79.3 (1) If a compensation agreement referred to in paragraph 79.1(b) or 79.2(3)(a), as the case may be, is not entered into, the applicant or the Tlicho Government may, after having participated in mediation under chapter 6 of the Tlicho Agreement, apply to the Wekeezhii Land and Water Board for a determination of compensation. Determination of compensation (2) On an application under subsection (1), the Board shall determine the compensation payable in respect of the proposed use of waters or deposit of waste, taking into consideration (a) the effect of the proposed use or deposit on (i) the use by Tlicho citizens of waters when on or flowing through Tlicho lands, or waters adjacent to Tlicho lands, (ii) Tlicho lands, taking into account any cultural or special value of those lands to the Tlicho First Nation, and (iii) wildlife harvesting carried on by Tlicho citizens; (b) the nuisance or inconvenience, including noise, caused by the proposed use or deposit to Tlicho citizens on Tlicho lands; and (c) any other factor that the Board considers relevant in the circumstances. Form of compensation (3) The compensation may be in the form of a lump sum payment or periodic payments or non-monetary compensation, including replacement of, or substitution for, damaged or lost property or relocation of Tlicho citizens or their property, or any combination of those forms of compensation. C. 1 Tlicho Land Claims a 45. (1) Subsection 80(1) of the French version of the Act is replaced by the following: Obligation de fournir les matériaux — premières nations des Gwich’in et du Sahtu 80. (1) Les premières nations des Gwich’in ou du Sahtu sont tenues, sur demande, de fournir aux ministères et organismes des gouvernements fédéral et territorial ou à toute personne les matériaux de construction — sable, gravier, argile et autres — se trouvant sur leurs terres, et d’y donner accès, dans les cas où il n’existe aucune autre source d’approvisionnement accessible, sans difficulté excessive, dans la région avoisinante. (2) The portion of subsection 80(3) of the Act before paragraph (a) is replaced by the following: Reference to Board (3) On application by the person or department or agency requesting the supply or access, the Gwich’in Land and Water Board or the Sahtu Land and Water Board, as the case may be, shall 46. The Act is amended by adding the following after section 80: Duty to supply — Tlicho Government 80.1 (1) The Tlicho Government shall supply, and permit access to, sand, gravel, clay and like construction materials situated on Tlicho lands to any person that requests it, including any department or agency of the federal or territorial government or any local government of a Tlicho community. Exception (2) Subsection (1) does not apply if the materials are to be used on lands other than Tlicho lands, unless no alternate source of supply is reasonably available in an area closer to the lands where the materials are to be used. Compensation — Tlicho Government (3) The Tlicho Government is entitled to be paid for the value of materials supplied under subsection (1) and for the exercise of a right of access to the materials under that subsection, 2004-2005 Revendications territoriales et autonom unless the materials are to be used for a public purpose on Tlicho lands or in a Tlicho community or for a public road contiguous to Tlicho lands or to a Tlicho community. Reference to Wekeezhii Land and Water Board (4) On application by any person, department, agency or government requesting the supply of, or access to, materials under subsection (1) and after the applicant has participated in mediation under chapter 6 of the Tlicho Agreement, the Wekeezhii Land and Water Board shall (a) determine, for the purpose of subsection (2), whether an alternate source of supply is reasonably available in an area closer to the lands where the materials are to be used; (b) determine, for the purpose of subsection (3), whether the materials are to be used for a public purpose on Tlicho lands or in a Tlicho community or for a public road contiguous to Tlicho lands or a Tlicho community; (c) resolve any dispute concerning terms or conditions of supply or access, excluding the amount to be paid under subsection (3); or (d) resolve any dispute concerning conflicting uses of materials referred to in subsection (1) by the applicant and by the Tlicho Government or Tlicho citizens. Reference to Board by Tlicho Government (5) In the case of a dispute referred to in paragraph (4)(d), an application for its resolution may also be made to the Board by the Tlicho Government after it has participated in mediation under chapter 6 of the Tlicho Agreement. 47. Sections 82 and 83 of the Act are replaced by the following: Consultation with first nations and Tlicho Government 82. (1) The federal Minister shall consult the Gwich’in and Sahtu First Nations and the Tlicho Government with respect to the amendment of the Northwest Territories Waters Act or regulations made under that Act. C. 1 Consultation with boards (2) The federal Minister shall consult the boards with respect to the amendment of this Act or the Northwest Territories Waters Act or the making or amendment of any instrument pursuant to this Act or that Act. Tlicho Land Claims a POLICY DIRECTIONS Minister’s policy directions to board 83. (1) The federal Minister may, after consultation with a board, give written policy directions binding on the board with respect to the exercise of any of its functions under this Part. The federal Minister shall also consult the Tlicho Government before giving such written policy directions to the Wekeezhii Land and Water Board. Policy directions by the Tlicho Government to the Wekeezhii Board (2) The Tlicho Government may, after consultation with the Wekeezhii Land and Water Board and the federal Minister, give written policy directions with respect to the exercise of any of its functions under this Part in relation to the use of Tlicho lands. Policy directions shall be binding on the Board to the extent that compliance with them does not require the Board to exceed its approved budget. Limitation (3) Except as provided by subsection (4), policy directions do not apply in respect of any application that, at the time the directions are given, is pending before a board or has been approved by a board and is awaiting approval under section 81. Exception (4) Policy directions apply in respect of an application referred to in subsection (3) if their non-application could result in the inconsistency of a licence, permit or authorization with another Act or with a regulation or order made under another Act. Conflict between policy directions (5) If there is a conflict between policy directions given by the federal Minister under subsection (1) and policy directions given by the Tlicho Government under subsection (2), the policy directions given under subsection (2) prevail to the extent of the conflict. Conflict between legislation and policy directions (6) If there is a conflict between policy directions given by the federal Minister or the Tlicho Government under this section and the provisions of any Act of Parliament, any 2004-2005 Revendications territoriales et autonom regulations made under an Act of Parliament or any territorial law, those provisions prevail to the extent of the conflict. 48. Section 85 of the Act is amended by adding the following after subsection (2): Notice to Tlicho Government (2.1) An inspector shall, if it is reasonable to do so, give the Tlicho Government prior notice of entry by the inspector on Tlicho lands. 49. Section 89 of the Act is amended by adding the following after subsection (1): Notice to Tlicho Government by water inspector (1.1) An inspector designated under the Northwest Territories Waters Act shall, if it is reasonable to do so, give the Tlicho Government prior notice of entry on Tlicho lands. 50. The portion of section 90 of the Act before paragraph (a) is replaced by the following: Regulations respecting the use of land 90. The Governor in Council may, following consultation by the federal Minister with first nations and the Tlicho Government, make regulations respecting the protection, control and use of lands in the Mackenzie Valley and, in particular, may make regulations 51. The Act is amended by adding the following after section 90: Prohibition — Tlicho lands 90.1 Even if the regulations do not require a permit or authorization under Part 3 or 4 for a particular use of land, no person shall use Tlicho lands without such a permit or authorization if one is required by a Tlicho law for uses of that type. Exemption for use of land in Tlicho communities 90.2 Despite the regulations, a permit or authorization under Part 3 or 4 for a particular use of land in a Tlicho community is not required if the local government of that community has enacted a bylaw providing that one is not required for uses of that type. 52. Paragraph 91(b) of the Act is replaced by the following: C. 1 Tlicho Land Claims a (b) respecting the determination of matters in dispute under section 80 or 80.1. 53. (1) Subsection 92(1) of the Act is replaced by the following: Principal offences 92. (1) Every person who contravenes section 90.1, any provision of the regulations, any condition of a permit or an order of an inspector under subsection 86(1) or (2) is guilty of an offence and liable on summary conviction to a fine not exceeding $15,000 or to imprisonment for a term not exceeding six months, or to both. (2) Subsection 92(2) of the English version of the Act is replaced by the following: Reparation (2) In addition to the penalty provided by subsection (1), a court that convicts a person of using land without a permit may, taking into account the nature of the offence and the circumstances of its commission, order the person to take any measures that it considers reasonable in order to repair or limit any damage resulting from the act or omission that constituted the offence. 54. Section 95 of the Act is replaced by the following: Fees 95. Notwithstanding subsection 14(1) of the Northwest Territories Waters Act, the Gwich’in and Sahtu First Nations and the Tlicho Government are not required to pay any fee in respect of the use of waters or the deposit of waste for non-commercial purposes on their first nation lands or Tlicho lands, as the case may be. 55. Subsections 96(2) and (3) of the Act are replaced by the following: Terms defined in Part 3 (2) In this Part, the expressions “first nation lands”, “land”, “management area” and “waters” have the same meaning as in Part 3. 2004-2005 Meaning of “permit” Revendications territoriales et autonom (3) For the purposes of this Part, references to a permit in section 90, in the regulations made pursuant to that section and in sections 90.1, 90.2 and 92 include a permit as defined in subsection (1). 56. Subsections 99(2) to (4) of the Act are replaced by the following: Regional panels — Gwich’in and Sahtu Boards (2) On the coming into force of this Part, a board established by section 54 or 56 continues as a regional panel of the Board under the same name and in respect of the same management area as that of the board. Its members become members of the Board. Regional panel — Wekeezhii Board (2.1) Six months after the coming into force of section 57.1, the board established by that section continues as a regional panel of the Board under the same name and in respect of the same management area as that of the board. Its members become members of the Board. Applicable provisions (3) The provisions of Part 1 respecting the appointment, tenure and removal from office of members of a board and respecting the chairperson of a board, and the provisions of Part 3 respecting the appointment of members of a board, the quorum of a board and its main office, continue to apply to a regional panel. Composition (4) In addition to the members of the regional panels referred to in subsections (2) and (2.1) and a chairperson, the Board shall, subject to subsection 108(7), consist of (a) two members appointed following consultation by the federal Minister with the first nations and the Tlicho Government; (b) one member appointed on the nomination of the territorial Minister; and (c) one other member. 57. The heading before section 102 of the French version of the Act is replaced by the following: MISSION ET COMPÉTENCE DE L’OFFICE 58. Section 102 of the Act is replaced by the following: C. 1 Objectives — Board 101.1 (1) The objectives of the Board are to provide for the conservation, development and utilization of land and water resources in a manner that will provide the optimum benefit generally for all Canadians and in particular for residents of the Mackenzie Valley. Objectives — Gwich’in and Sahtu regional panels (2) The objectives of a regional panel referred to in subsection 99(2) are to provide for the conservation, development and utilization of land and water resources in a manner that will provide the optimum benefit for residents of its management area and of the Mackenzie Valley and for all Canadians. Objectives — Wekeezhii regional panel (3) The objectives of the regional panel referred to in subsection 99(2.1) are to provide for the conservation, development and utilization of land and water resources in a manner that will provide the optimum benefit generally for all Canadians and in particular for residents of its management area. Jurisdiction — Board 102. (1) The Board has jurisdiction in respect of all uses of land or waters or deposits of waste in the Mackenzie Valley for which a permit is required under Part 3 or a licence is required under the Northwest Territories Waters Act, and for that purpose the Board has the powers and duties of a board established under Part 3, other than powers under sections 78, 79 and 79.2 to 80.1, as if a reference in that Part to a management area were a reference to the Mackenzie Valley, except that, with regard to subsection 61(2), the reference to management area continues to be a reference to Wekeezhii. Jurisdiction — regional panels (2) A regional panel of the Board shall exercise Tlicho Land Claims a (a) the powers and duties referred to in subsection (1) in respect of a use of land or waters or a deposit of waste that is to take place, and that is likely to have an impact, wholly within the management area of the regional panel; and (b) the powers conferred by sections 78, 79 and 79.2 to 80.1 on the board established under Part 3 for that management area. 2004-2005 Revendications territoriales et autonom 59. (1) Subsection 103(1) of the Act is replaced by the following: Applications to Board 103. (1) An application shall be made to the Board where the application relates to a use of land or waters or a deposit of waste (a) that is to take place, or is likely to have an impact, in more than one management area, or in a management area and an area outside any management area; or (b) that is to take place wholly outside any management area. (2) Subsection 103(2) of the English version of the Act is replaced by the following: Applications to regional panel (2) An application relating to a use of land or waters or a deposit of waste described in subsection 102(2), including an application relating to a licence or permit for such a use or deposit issued pursuant to Part 3 before the coming into force of this Part, shall be made to the regional panel of the Board for the management area referred to in that subsection. 60. Section 104 of the Act is replaced by the following: Power of chairperson 104. Applications referred to in subsection 103(1) shall be disposed of by three or more members of the Board designated by the chairperson for that purpose, including at least one of the members appointed to a regional panel — on the nomination of a first nation or by the Tlicho Government — or appointed to the Board following consultation with first nations and the Tlicho Government and at least one of the members of the Board not so appointed. 61. The Act is amended by adding the following after section 106: Requirement to make recommendations 106.1 (1) The Board shall, at the request of the federal Minister, make recommendations to the federal Minister with respect to the amendment of this Act or the Northwest Territories Waters Act or the making or amendment of any instrument under this Act or that Act. C. 1 Discretion to make recommendations to Tlicho Land Claims a (2) The Board may make recommendations (a) the Minister responsible for any Act of Parliament regarding the use of land or waters or the deposit of waste, with respect to the amendment of that Act or the making or amendment of any instrument under that Act; (b) the territorial Minister with respect to the amendment of territorial laws regarding the use of land or waters or the deposit of waste; (c) a local government with respect to the amendment of bylaws enacted by that government regarding the use of land or waters or the deposit of waste; and (d) the Tlicho Government with respect to the amendment of Tlicho laws regarding the use of Tlicho lands or waters on those lands or a deposit of waste on those lands or in those waters. 62. Subsections 108(1) and (2) of the Act are replaced by the following: Establishment of additional panels 108. (1) The Governor in Council may, on the recommendation of the federal Minister, establish up to two regional panels of the Board in addition to those referred to in subsections 99(2) and (2.1). Powers (2) The area of the Mackenzie Valley in which such a regional panel has jurisdiction shall be specified by the Governor in Council, following consultation with affected first nations, which area must be wholly outside any management area. Subsections 102(2) and 103(2) to (5) apply in relation to that area with such modifications as are required. 63. The Act is amended by adding the following after section 109: POWERS OF TLICHO GOVERNMENT Policy directions by the Tlicho Government 109.1 The Tlicho Government may exercise the same powers and shall perform the same duties in relation to the Board and the regional panel of the Board referred to in subsection 2004-2005 Revendications territoriales et autonom 99(2.1) as those that the Tlicho Government has under section 83 in relation to the Wekeezhii Land and Water Board. PRECEDENCE RELATING TO POLICY DIRECTIONS Conflict between policy directions 109.2 (1) If there is a conflict between policy directions given by the federal Minister under section 109 and policy directions given by the Tlicho Government under section 109.1, the policy directions under section 109.1 prevail to the extent of the conflict. Conflict between legislation and policy directions (2) If there is a conflict between policy directions given by the federal Minister under section 109 or by the Tlicho Government under section 109.1 and the provisions of any Act of Parliament, any regulations made under an Act of Parliament or any territorial law, those provisions prevail to the extent of the conflict. 64. The heading “Interpretation” before section 111 of the Act is replaced by the following: INTERPRETATION AND APPLICATION 65. (1) The portion of section 111 of the Act before the definition “designated regulatory agency” is replaced by the following: Definitions 111. (1) The following definitions apply in this Part. 2000, c. 32, s. 55 (2) The definition “development” in subsection 111(1) of the Act is replaced by the following: “development” « projet de développement » “development” means any undertaking, or any part or extension of an undertaking, that is carried out on land or water and includes an acquisition of lands pursuant to the Historic Sites and Monuments Act and measures carried out by a department or agency of government leading to the establishment of a park subject to the Canada National Parks Act or the establishment of a park under a territorial law. (3) Section 111 of the Act is amended by adding the following after subsection (1): C. 1 Application (2) This Part applies in respect of developments to be carried out wholly or partly within the Mackenzie Valley and, except for section 142, does not apply in respect of developments wholly outside the Mackenzie Valley. Tlicho Land Claims a 66. (1) Subsection 112(2) of the Act is replaced by the following: Nominations by first nations and the Tlicho Government (2) One half of the members of the Review Board other than the chairperson shall be persons appointed on the nomination of first nations and the Tlicho Government, including at least one nominated by the Gwich’in First Nation, one nominated by the Sahtu First Nation and one nominated by the Tlicho Government. (2) Subsection 112(3) of the English version of the Act is replaced by the following: Government members (3) Of the members of the Review Board other than the chairperson and those appointed in accordance with subsection (2), at most one half shall be nominated by the territorial Minister. (3) Subsection 112(4) of the Act is replaced by the following: Quorum (4) A quorum of the Review Board consists of five members, including two of the members appointed in accordance with subsection (2) and two of the members not so appointed other than the chairperson. 67. Section 115 of the Act is amended by striking out the word “and” at the end of paragraph (a), by adding the word “and” at the end of paragraph (b) and by adding the following after paragraph (b): (c) the importance of conservation to the well-being and way of life of the aboriginal peoples of Canada to whom section 35 of the Constitution Act, 1982 applies and who use an area of the Mackenzie Valley. 68. The Act is amended by adding the following after section 115: 2004-2005 Considerations Revendications territoriales et autonom 115.1 In exercising its powers, the Review Board shall consider any traditional knowledge and scientific information that is made available to it. 69. Paragraph 116(b) of the Act is replaced by the following: (b) proposals that are the subject of agreements referred to in paragraph 141(2)(a) or (3)(b), to the extent provided by such agreements. 70. (1) Paragraph 117(2)(d) of the Act is replaced by the following: (d) where the development is likely to have a significant adverse impact on the environment, the need for mitigative or remedial measures; and (2) Section 117 of the Act is amended by adding the following after subsection (3): Joint panels (4) Subsections (2) and (3) apply in respect of an examination of a proposal for a development by a review panel, or a joint panel, established jointly by the Review Board and any other person or body. 71. Section 118 of the Act is replaced by the following: Implementation of proposals 118. (1) No licence, permit or other authorization required for the carrying out of a development may be issued under any federal, territorial or Tlicho law unless the requirements of this Part have been complied with in relation to the development. Implementation of proposals (2) Where the Gwich’in or Sahtu First Nation, the Tlicho Government, a local government or a department or agency of the federal or territorial government proposes to carry out a development that does not require a licence, permit or other authorization under any federal, territorial or Tlicho law, it shall comply with the requirements of this Part before taking any irrevocable action in relation to the development. 72. The portion of section 120 of the Act before paragraph (a) is replaced by the following: C. 1 Guidelines 120. Following consultation with first nations, the Tlicho Government and the federal and territorial Ministers and subject to any regulations made under paragraph 143(1)(a), the Review Board may establish guidelines respecting the process established by this Part, including guidelines Tlicho Land Claims a 73. Section 121 of the Act is replaced by the following: Written reasons 121. The Review Board, a review panel thereof, a review panel, or a joint panel, established jointly by the Review Board and any other person or body, the federal Minister, a responsible minister, a designated regulatory agency, a regulatory authority, a department or agency of the federal or territorial government, a local government, the Gwich’in or Sahtu First Nation or the Tlicho Government shall issue and make available to the public written reasons for any decision or recommendation made under the process established by this Part. 74. The Act is amended by adding the following after section 123: Consultation 123.1 In conducting a review or examination of the impact on the environment of a development, a review panel of the Review Board or a review panel, or a joint panel, established jointly by the Review Board and any other person or body, (a) shall carry out any consultations that are required by any of the land claim agreements; and (b) may carry out other consultations with any persons who use an area where the development might have an impact on the environment. Conflict of interest 123.2 (1) A person shall not be appointed, or continue, as a member of a review panel of the Review Board or of a review panel, or a joint panel, established jointly by the Review Board and any other person or body, if doing so would place the member in a material conflict of interest. Status or entitlements under agreement (2) A person is not in a material conflict of interest merely because of any status or entitlement conferred on the person under the 2004-2005 Revendications territoriales et autonom Gwich’in Agreement, the Sahtu Agreement, the Tlicho Agreement or any other agreement between a first nation and Her Majesty in right of Canada for the settlement of a claim to lands. Nominations 123.3 In appointing a review panel of the Review Board or a review panel, or a joint panel, established jointly by the Review Board and any other person or body, the Review Board and those other persons or bodies shall comply with the requirements of land claim agreements respecting nominations for appointment. 75. (1) The portion of subsection 124(2) of the Act before paragraph (a) is replaced by the following: Proposal not requiring application (2) Where a development that does not require a licence, permit or other authorization under any federal or territorial law is proposed to be carried out by a department or agency of the federal or territorial government or by the Gwich’in or Sahtu First Nation or the Tlicho Government, the body proposing to carry out that development shall, after notifying the Review Board in writing of the proposal for the development, conduct a preliminary screening of the proposal, unless (2) Subsection 124(3) of the Act is replaced by the following: Preliminary screening by Gwich’in, Sahtu or Tlicho (3) The Gwich’in First Nation, the Sahtu First Nation or the Tlicho Government, as the case may be, may conduct a preliminary screening of a proposal for a development to determine whether to refer the proposal for an environmental assessment in accordance with paragraph 126(2)(b) or (c). Cooperation (4) Where more than one body conducts a preliminary screening in respect of a development, any of them may consult the others, adopt another’s report or participate in a joint preliminary screening and, where one of them is a board established under Part 3 or 4, the others are not required to conduct a preliminary screening. 76. (1) Paragraphs 126(2)(b) and (c) of the Act are replaced by the following: C. 1 Tlicho Land Claims a (b) the Gwich’in or Sahtu First Nation, in the case of a development to be carried out in its settlement area or a development that might have an impact on the environment in that settlement area; (c) the Tlicho Government, in the case of a development to be carried out wholly or partly in the part of Monfwi Gogha De Niitlee that is in the Northwest Territories or a development that might have an impact on the environment in that part; or (d) a local government, in the case of a development to be carried out within its boundaries or a development that might have an impact on the environment within its boundaries. (2) Subsection 126(4) of the Act is replaced by the following: For greater certainty (4) For greater certainty, subsections (2) and (3) apply even if a preliminary screening has not been commenced or, if commenced, has not been completed. 77. The Act is amended by adding the following after section 127: Consultation 127.1 Before completing an environmental assessment of a proposal for a development that is to be carried out wholly or partly on first nation lands as defined in section 51 or on Tlicho lands, the Review Board shall consult the first nation on whose lands the development is to be carried out or, if the development is to be carried out on Tlicho lands, the Tlicho Government. 78. (1) Subsection 128(2) of the Act is replaced by the following: Report to ministers, agencies and Tlicho Government (2) The Review Board shall make a report of an environmental assessment to (a) the federal Minister, who shall distribute it to every responsible minister; (b) any designated regulatory agency from which a licence, permit or other authorization is required for the carrying out of the development; and 2004-2005 Revendications territoriales et autonom (c) if the development is to be carried out wholly or partly on Tlicho lands, the Tlicho Government. (2) Subsection 128(3) of the French version of the Act is replaced by the following: Copie (3) L’Office adresse une copie du rapport au promoteur du projet de développement, à l’organe en ayant effectué l’examen préalable et, en cas de renvoi effectué en vertu du paragraphe 126(2), au ministère, à l’organisme, à la première nation, au gouvernement tlicho ou à l’administration locale concernée. 79. Section 129 of the Act is replaced by the following: Delay 129. Where the Review Board makes a determination under paragraph 128(1)(a), (a) a regulatory authority, a designated regulatory agency or the Tlicho Government shall not issue a licence, permit or other authorization for the development, and (b) where no licence, permit or authorization is required under any federal, territorial or Tlicho law for the development, the person or body that proposes to carry it out shall not proceed, before the expiration of ten days after receiving the report of the Review Board. 80. (1) Section 130 of the Act is amended by adding the following after subsection (1): Consultation (1.1) Before making an order under paragraph (1)(a) or a referral under paragraph (1)(c), the federal Minister and the responsible ministers shall consult the Tlicho Government if the development is to be carried out wholly or partly on Tlicho lands. (2) Subsection 130(5) of the Act is replaced by the following: Effect of decision (5) The federal Minister and responsible ministers shall carry out a decision made under this section to the extent of their respective authorities. A first nation, local government, regulatory authority or department or agency of the federal or territorial government affected by C. 1 Tlicho Land Claims a a decision made under this section shall act in conformity with the decision to the extent of their respective authorities. 81. The Act is amended by adding the following after section 131: Decision by Tlicho Government 131.1 (1) If a development is to be carried out wholly or partly on Tlicho lands, the Tlicho Government shall, after considering a report of the Review Board containing a recommendation made under subparagraph 128(1)(b)(ii), (a) adopt the recommendation or refer it back to the Review Board for further consideration; or (b) after consulting the Review Board, adopt the recommendation with modifications or reject it. Effect of decision (2) The Tlicho Government shall carry out, to the extent of its authority, any recommendation that it adopts. Additional information (3) If the Tlicho Government considers any new information that was not before the Review Board, or any matter of public concern that was not referred to in the Review Board’s reasons, the new information or matter shall be identified in the decision made under this section and in any consultation under paragraph (1)(b). Conservation 131.2 In making a decision under paragraph 130(1)(b) or subsection 131(1) or 131.1(1), the federal Minister and the responsible ministers, a designated regulatory agency or the Tlicho Government, as the case may be, shall consider the importance of the conservation of the lands, waters and wildlife of the Mackenzie Valley on which the development might have an impact. 82. Subsections 132(2) to (4) of the Act are replaced by the following: Expert members (2) A review panel may, in addition to members of the Review Board, include as members of the panel persons having particular expertise related to the development. Board members to participate in appointments (3) The members of the Review Board who participate in the appointment of a review panel must include in equal numbers 2004-2005 Revendications territoriales et autonom (a) members who were appointed on the nomination of a first nation or the Tlicho Government; and (b) members not so appointed, other than the chairperson. 83. The Act is amended by adding the following after section 133: Coordination 133.1 The Review Board shall to the extent possible coordinate any environmental impact review conducted by a review panel of a proposal for a development that, as determined by the Review Board, is to be carried out partly outside the Mackenzie Valley with any examination of the environmental impact of that development conducted by another authority responsible for the examination of environmental effects of the part of the development to be carried out outside the Mackenzie Valley. 84. (1) Paragraph 134(1)(a) of the Act is replaced by the following: (a) the preparation by the Review Board of terms of reference for the review panel, after consultation with the responsible ministers, with any first nation affected by the proposal and, if the Board has determined that the development is likely to have a significant adverse impact on the environment, or to be a cause of significant public concern, in Monfwi Gogha De Niitlee, with the Tlicho Government; (2) Subsection 134(3) of the Act is replaced by the following: Submission to ministers, agencies and Tlicho Government (3) The report of a review panel shall be submitted to (a) the federal Minister, who shall distribute it to every responsible minister; (b) any designated regulatory agency from which a licence, permit or other authorization is required for the carrying out of the development; and (c) the Tlicho Government, if the development is to be carried out wholly or partly on Tlicho lands. 85. Subsection 136(2) of the Act is replaced by the following: C. 1 Effect of decision (2) The federal Minister and responsible ministers shall carry out a decision made under section 135 to the extent of their respective authorities. A first nation, local government, regulatory authority or department or agency of the federal or territorial government affected by a decision under that section shall act in conformity with the decision to the extent of their respective authorities. Tlicho Land Claims a 86. The Act is amended by adding the following after section 137: Decision by Tlicho Government 137.1 (1) If a development is to be carried out wholly or partly on Tlicho lands, the Tlicho Government shall, after considering the report of a review panel, (a) adopt the recommendation of the review panel or refer it back to the panel for further consideration; or (b) after consulting the review panel, adopt the recommendation with modifications or reject it. Additional information (2) If the Tlicho Government considers any new information that was not before the review panel, or any matter of public concern that was not referred to in the review panel’s reasons, the new information or matter shall be identified in the decision made under this section and in any consultation under paragraph (1)(b). Effect of decision (3) The Tlicho Government shall carry out, to the extent of its authority, any recommendation that it adopts. Conservation 137.2 In making a decision under subsection 135(1), 137(1) or 137.1(1), the federal Minister and the responsible ministers, a designated regulatory agency or the Tlicho Government, as the case may be, shall consider the importance of the conservation of the lands, waters and wildlife of the Mackenzie Valley on which the development might have an impact. Consultation 137.3 Before making a decision under subsection 135(1), 137(1) or 137.1(1) in respect of a proposal for a development that, as determined by the Review Board, is to be carried out partly outside the Mackenzie Valley, the person or body making the decision shall take into consideration any report in respect of the 2004-2005 Revendications territoriales et autonom proposal that is submitted by a review panel established under the Canadian Environmental Assessment Act and shall consult every responsible authority to whom the report is submitted under that Act. 87. Sections 138 and 139 of the Act are replaced by the following: Report by review panel — national interest referral 138. (1) A review panel established under subsection 40(2.1) of the Canadian Environmental Assessment Act in respect of a proposal for a development that was referred pursuant to paragraph 130(1)(c) of this Act shall, in addition to satisfying the requirements of paragraph 41(f) of that Act, submit the report of its recommendations to (a) the federal Minister, who shall distribute it to every responsible minister; (b) any designated regulatory agency from which a licence, permit or other authorization is required for the carrying out of the development; and (c) the Tlicho Government, if the development is to be carried out wholly or partly on Tlicho lands. Provisions applicable (2) An examination by a review panel referred to in subsection (1) stands in lieu of an environmental impact review and paragraphs 134(1)(b), (d) and (e) and sections 135 to 137.2 apply, with such modifications as may be required, in respect of the examination, except that a recommendation of a panel may not be referred back to the panel for further consideration. Agreement — national interest referral 138.1 (1) If a proposal for a development that, as determined by the Review Board, is to be carried out partly outside the Mackenzie Valley and either is to be carried out partly in Wekeezhii or might have an impact on the environment in Wekeezhii is referred to the Minister of the Environment under paragraph 130(1)(c), then the Review Board shall enter into an agreement with the Minister of the Environment for the purpose of jointly establishing a review panel and prescribing the manner of its examination of the impact on C. 1 Tlicho Land Claims a the environment of the development in accordance with subsection 40(2.1) of the Canadian Environmental Assessment Act. Mediation (2) If the Review Board and the Minister of the Environment have not entered into an agreement under subsection (1) within the period fixed by any regulations, they shall participate in mediation in accordance with those regulations for the purpose of reaching an agreement under subsection (1). Arbitration (3) If the Review Board and the Minister of the Environment have not entered into an agreement under subsection (1) by the end of any mediation required under subsection (2), they may, within the period fixed by any regulations, by mutual agreement refer any unresolved matter to arbitration in accordance with those regulations. Where no agreement (4) Despite subsections (1) to (3), if, within the period fixed by the regulations, an agreement has not been entered into under this section, a panel of the Review Board shall conduct an environmental impact review of the development, but the review shall be limited to the part of the development to be carried out in the Mackenzie Valley. Agreement — designated regulatory agency 139. (1) Where an environmental impact review of a proposal for a development that, as determined by the Review Board, is to be carried out wholly in the Mackenzie Valley, other than a development that has been referred to the Minister of the Environment under paragraph 130(1)(c), is ordered under this Part, and a licence, permit or other authorization must be issued by a designated regulatory agency in order for the proposed development to be carried out, the Review Board and the agency may enter into an agreement for the examination of the impact of the development on the environment by a joint panel established for that purpose. Report to ministers, agencies and Tlicho Government (2) A joint panel so established shall make a report of its examination to (a) the federal Minister, who shall distribute it to every responsible minister; 2004-2005 Revendications territoriales et autonom (b) any designated regulatory agency from which a licence, permit or other authorization is required for the carrying out of the development; and (c) the Tlicho Government, if the development is to be carried out wholly or partly on Tlicho lands. Provisions applicable (3) An examination by a joint panel established under this section stands in lieu of an environmental impact review and paragraphs 134(1)(b), (d) and (e) and sections 135 to 137.2 apply, with such modifications as may be required, in respect of the examination, except that a recommendation of a panel may not be referred back to the panel for further consideration. 88. Subsections 140(2) to (4) of the Act are replaced by the following: Agreement — other authority (2) Where the Review Board has determined that a development referred to in subsection (1), other than a development that has been referred to the Minister of the Environment under paragraph 130(1)(c), is likely to have a significant adverse impact on the environment in a region outside the Mackenzie Valley, the Review Board may, with the approval of the federal Minister, enter into an agreement with the authority responsible for the examination of environmental effects in that region to provide for (a) the coordination of the respective examinations of the environmental impact of the development; or (b) the examination of the environmental impact of the development by a joint panel established for that purpose. Report to ministers, agencies and Tlicho Government (3) A joint panel established under subsection (2) shall make a report of its recommendations to (a) the federal Minister, who shall distribute it to every responsible minister; (b) any designated regulatory agency from which a licence, permit or other authorization is required for the carrying out of the development; and C. 1 Tlicho Land Claims a (c) the Tlicho Government, if the development is to be carried out wholly or partly on Tlicho lands. Provisions applicable (4) An examination by a joint panel established under subsection (2) stands in lieu of an environmental impact review of the proposal and paragraphs 134(1)(b), (d) and (e) and sections 135 to 137.2 apply, with such modifications as may be required, in respect of the examination, except that a recommendation of a panel may not be referred back to the panel for further consideration. 89. (1) The portion of subsection 141(2) of the Act before paragraph (a) is replaced by the following: Agreement — cases other than Wekeezhii (2) If an environmental impact review is ordered under subparagraph 128(1)(b)(i), paragraph 128(1)(c) or 130(1)(a), subparagraph 130(1)(b)(ii) or paragraph 131(1)(b) in respect of a proposal for a development referred to in subsection (1), other than a development referred to in subsection (3), the Review Board may, with the approval of the federal Minister, 1998, c. 15, par. 48(e); 2002, c. 7, s. 206(2)(E) (2) Subsections 141(3) to (5) of the Act are replaced by the following: Agreement — Wekeezhii (3) If an environmental impact review is ordered under subparagraph 128(1)(b)(i), paragraph 128(1)(c) or 130(1)(a), subparagraph 130(1)(b)(ii) or paragraph 131(1)(b) in respect of a proposal for a development that, as determined by the Review Board, is to be carried out partly outside the Mackenzie Valley and either is to be carried out partly in Wekeezhii or might have an impact on the environment in Wekeezhii, the Review Board shall enter into an agreement for the purpose of jointly establishing a review panel and prescribing the manner of its examination of the impact on the environment of the development (a) with an authority responsible for the examination of environmental effects of the part of the development that is to be carried out outside the Mackenzie Valley; or 2004-2005 Revendications territoriales et autonom (b) with the Minister of the Environment if that Minister is authorized under section 40 of the Canadian Environmental Assessment Act to enter into such an agreement. Where no agreement (4) Despite subsection (3), if, within the period fixed by the regulations, an agreement has not been entered into under that subsection, a panel of the Review Board shall conduct an environmental impact review of the development, but the review shall be limited to the part of the development to be carried out in the Mackenzie Valley. Report (5) A review panel or joint panel established by an agreement referred to in subsection (2) or (3) shall make a report of its examination to (a) the federal Minister, who shall distribute it to every responsible minister; (b) any designated regulatory agency from which a licence, permit or other authorization is required for the carrying out of the development; (c) in the case of a joint panel referred to in paragraph (2)(b) or (3)(a), the minister of the federal, provincial or territorial government having jurisdiction in relation to examinations conducted by the authority referred to in that paragraph; and (d) the Tlicho Government, if the development is to be carried out partly on Tlicho lands. Provisions applicable (6) An examination by a review panel or joint panel referred to in subsection (2) or (3) stands in lieu of an environmental impact review of the proposal referred to in that subsection and paragraphs 134(1)(b), (d) and (e) and sections 135 to 137.2 apply, with such modifications as may be required, in respect of the examination, except that a recommendation of a panel may not be referred back to the panel for further consideration. 90. (1) The portion of subsection 143(1) of the Act before paragraph (a) is replaced by the following: Regulations 143. (1) The Governor in Council may, following consultation by the federal Minister with the territorial Minister, first nations and the C. 1 Tlicho Land Claims a Tlicho Government, make regulations for carrying out the purposes and provisions of this Part and, in particular, regulations (2) Subsection 143(1) of the Act is amended by striking out the word “and” at the end of paragraph (c) and by adding the following after paragraph (d): (e) fixing a period for the purposes of subsection 138.1(2) and respecting mediation referred to in that subsection; (f) fixing the period within which a matter may be referred to arbitration under subsection 138.1(3) and respecting arbitration under that subsection; and (g) fixing a period for the purposes of subsections 138.1(4) and 141(4). (3) Subsection 143(2) of the Act is replaced by the following: Consultation with Review Board (2) Regulations may only be made under paragraph (1)(a), (d), (e), (f) or (g), or amended under paragraph (1)(b) or (c), following consultation by the federal Minister with the Review Board. 91. Subsection 144(1) of the Act is replaced by the following: Schedule 144. (1) The Governor in Council may, by regulations made following consultation by the federal Minister with the territorial Minister, the Review Board, the first nations and the Tlicho Government, amend the schedule by adding, or by deleting, the name of any agency, other than a land and water board established by Part 3 or 4, that exercises regulatory powers pursuant to territorial or federal laws and that is not subject to specific control or direction by a minister of the federal or territorial government or the Governor in Council. 92. Section 147 of the Act is replaced by the following: Consultation with first nations and Tlicho Government 147. (1) A responsible authority that is a minister of the Crown in right of Canada shall carry out the functions referred to in section 146 in consultation with the first nations and the Tlicho Government. 2004-2005 Role of first nations and Tlicho Government Revendications territoriales et autonom (2) Where a responsible authority is other than a minister of the Crown in right of Canada, the Gwich’in and Sahtu First Nations and the Tlicho Government are entitled to participate in the functions referred to in section 146 in the manner provided by the regulations. 93. (1) Subsection 148(2) of the Act is replaced by the following: Terms of reference (2) The federal Minister shall, after consulting the Gwich’in First Nation, the Sahtu First Nation, the Tlicho Government and the territorial government, fix the terms of reference of an environmental audit, including the key components of the environment to be examined. (2) Subsection 148(5) of the Act is replaced by the following: Participation by first nations and Tlicho Government (5) The Gwich’in and Sahtu First Nations and the Tlicho Government are entitled to participate in an environmental audit in the manner provided by the regulations. 94. (1) The portion of section 150 of the Act before paragraph (a) is replaced by the following: Regulations 150. The Governor in Council may, after consultation by the federal Minister with affected first nations, the Tlicho Government and the territorial Minister, make regulations for carrying out the purposes and provisions of this Part and, in particular, regulations (2) Paragraph 150(c) of the Act is replaced by the following: (c) respecting the manner of participation of the Gwich’in and Sahtu First Nations and the Tlicho Government in the functions of a responsible authority that is not a minister of the Crown or in an environmental audit. TRANSITIONAL PROVISIONS Wekeezhii Land and Water Board 95. (1) The Wekeezhii Land and Water Board established by section 57.1 of the Mackenzie Valley Resource Management Act, as enacted by section 31 of this Act, may not exercise its powers or perform its duties under sections 58.1 and 59, subsections 60(1) C. 1 Tlicho Land Claims a and (2), sections 79.1 to 79.3, 80.1 and 88 and subsection 89(2) of the Mackenzie Valley Resource Management Act until six months after the coming into force of this Act. Mackenzie Valley Land and Water Board (2) Despite subsection 102(1) of the Mackenzie Valley Resource Management Act, the Mackenzie Valley Land and Water Board shall exercise the powers and perform the duties of the Wekeezhii Land and Water Board under sections 58.1, 79.1 to 79.3, 80.1 and 88 and subsection 89(2) of that Act during the period of six months after the coming into force of this Act. Exclusive original jurisdiction (3) Despite subsection 32(1) of the Mackenzie Valley Resource Management Act and section 18 of the Federal Courts Act, the Supreme Court of the Northwest Territories has exclusive original jurisdiction to hear and determine any action or proceeding, whether or not by way of an application of a type referred to in subsection 32(1) of the Mackenzie Valley Resource Management Act, concerning the jurisdiction of the Wekeezhii Land and Water Board during the period of six months after the coming into force of this Act. Validity of ordinances of the Northwest Territories 96. The following ordinances of the Northwest Territories are deemed for all purposes to have been validly made if they were made before the coming into force of this Act and would have been validly made if they had been made after that coming into force, and everything done under any of those ordinances before that coming into force has the effect that it would otherwise have if the ordinance had been validly made after that coming into force: (a) the ordinance of the Northwest Territories entitled the Tlicho Land Claims and Self-Government Agreement Act; (b) an ordinance that establishes community governments as required by chapter 8 of the Agreement; and 2004-2005 Revendications territoriales et autonom (c) an ordinance that establishes a community services agency as required by the first intergovernmental services agreement referred to in 7.10 of chapter 7 of the Agreement. CONSEQUENTIAL AMENDMENTS R.S., c. A-1 ACCESS TO INFORMATION ACT 2000, c. 7, s. 21(2) 97. Subsection 13(3) of the Access to Information Act is replaced by the following: Definition of “aboriginal government” (3) The expression “aboriginal government” in paragraph (1)(e) means (a) Nisga’a Government, as defined in the Nisga’a Final Agreement given effect by the Nisga’a Final Agreement Act; or (b) the Tlicho Government, as defined in section 2 of the Tlicho Land Claims and SelfGovernment Act. R.S., c. L-6 CANADA LANDS SURVEYS ACT 98. Paragraph 24(1)(a) of the Canada Lands Surveys Act is amended by striking out the word “or” at the end of subparagraph (iv), by replacing the word “and” at the end of subparagraph (v) with the word “or” and by adding the following after subparagraph (v): (vi) Tlicho lands, as defined in section 2 of the Mackenzie Valley Resource Management Act; and 1992, c. 37 CANADIAN ENVIRONMENTAL ASSESSMENT ACT 99. Section 40 of the Canadian Environmental Assessment Act is amended by adding the following after subsection (2.1): Where no agreement (2.2) Despite subsection (2.1), if, in respect of a proposal referred to in subsection 138.1(1) of the Mackenzie Valley Resource Management Act, no agreement is entered into under that subsection within the period fixed by the C. 1 Tlicho Land Claims a regulations referred to in subsection 138.1(4) of that Act, an assessment by a review panel of the proposal shall be conducted. Coordination (2.3) The Minister shall to the extent possible ensure that any assessment of the proposal required by subsection (2.2) is coordinated with any environmental impact review of the proposal under the Mackenzie Valley Resource Management Act. Consultation (2.4) Before taking a course of action under subsection 37(1) in respect of a proposal referred to in subsection (2.3), the responsible authority shall take into consideration any report in respect of the proposal that is issued under subsection 134(2) of the Mackenzie Valley Resource Management Act and shall consult the persons and bodies to whom the report is submitted or distributed under subsection 134(3) of that Act. R.S., c. 44 (4th Supp.) LOBBYISTS REGISTRATION ACT 100. Subsection 4(1) of the Lobbyists Registration Act is amended by adding the following after paragraph (d.2): (d.3) members or employees of the Tlicho Government, as defined in section 2 of the Tlicho Land Claims and Self-Government Act, or persons on the staff of those members; R.S., c. N-27 NORTHWEST TERRITORIES ACT 101. The Northwest Territories Act is amended by adding the following after section 16: Roads identified in Tlicho Land Claims and SelfGovernment Agreement 16.1 Ordinances made by the Commissioner in Council under paragraph 16(o) apply to roads identified in the Agreement, as defined in section 2 of the Tlicho Land Claims and SelfGovernment Act, as if they were on public lands if the Agreement provides that those ordinances apply to those roads. 102. The Act is amended by adding the following after section 17: 2004-2005 Agreement implementation Acts 1992, c. 39 Revendications territoriales et autonom 17.1 Despite section 17, the Commissioner in Council may, in exercising the powers of the Commissioner in Council under section 16 for the purpose of implementing the Agreement, as defined in section 2 of the Tlicho Land Claims and Self-Government Act, make ordinances that are in relation to the matters coming within class 24 of section 91 of the Constitution Act, 1867. NORTHWEST TERRITORIES WATERS ACT 103. The Northwest Territories Waters Act is amended by adding the following after section 9: TLICHO COMMUNITIES Exemption 9.1 (1) Sections 8 and 9 do not apply in respect of a use of waters or a deposit of waste in a Tlicho community, if the local government of that community has enacted a bylaw providing that a licence is not required for that type of use or deposit. Same meaning (2) The expressions “Tlicho community” and “local government” in subsection (1) have the same meaning as in section 2 of the Mackenzie Valley Resource Management Act. 104. Section 14 of the Act is amended by adding the following after subsection (6): Statutory Instruments Act R.S., c. M-13; 2000, c. 8, s. 2 (7) For greater certainty, licences issued by the Board under this Act either before or after the coming into force of this subsection are not statutory instruments within the meaning of the Statutory Instruments Act. PAYMENTS IN LIEU OF TAXES ACT 105. The definition “taxing authority” in subsection 2(1) of the Payments in Lieu of Taxes Act is amended by striking out the word “or” at the end of paragraph (e), by adding the word “or” at the end of paragraph (f) and by adding the following after paragraph (f): C. 1 Tlicho Land Claims a (g) the Tlicho Government, as defined in section 2 of the Tlicho Land Claims and SelfGovernment Act, if it levies and collects a real property tax or a frontage or area tax in respect of Tlicho lands, as defined in section 2 of the Mackenzie Valley Resource Management Act. R.S., c. P-21 PRIVACY ACT 2000, c. 7, s. 26(2) 106. Subsection 8(7) of the Privacy Act is replaced by the following: Definition of “aboriginal government” (7) The expression “aboriginal government” in paragraph (2)(k) means (a) Nisga’a Government, as defined in the Nisga’a Final Agreement given effect by the Nisga’a Final Agreement Act; or (b) the Tlicho Government, as defined in section 2 of the Tlicho Land Claims and SelfGovernment Act. COORDINATING AMENDMENTS R.S., c. A-1 ACCESS TO INFORMATION ACT 107. On the later of the coming into force of section 16 of the Westbank First Nation Self-Government Act and section 97 of this Act, subsection 13(3) of the Access to Information Act is replaced by the following: Definition of “aboriginal government” (3) The expression “aboriginal government” in paragraph (1)(e) means (a) Nisga’a Government, as defined in the Nisga’a Final Agreement given effect by the Nisga’a Final Agreement Act; (b) the council, as defined in the Westbank First Nation Self-Government Agreement given effect by the Westbank First Nation Self-Government Act; or (c) the Tlicho Government, as defined in section 2 of the Tlicho Land Claims and SelfGovernment Act. 2004-2005 R.S., c. 44 (4th Supp.) Revendications territoriales et autonom LOBBYISTS REGISTRATION ACT 108. On the later of the coming into force of section 17 of the Westbank First Nation Self-Government Act and section 100 of this Act, paragraph 4(1)(d.3) of the Lobbyists Registration Act is replaced by the following: (d.3) members of the council, as defined in the Westbank First Nation Self-Government Agreement given effect by the Westbank First Nation Self-Government Act, or persons on the staff of the council or of a member of the council; (d.4) members or employees of the Tlicho Government, as defined in section 2 of the Tlicho Land Claims and Self-Government Act, or persons on the staff of those members; R.S., c. P-21 PRIVACY ACT 109. On the later of the coming into force of subsection 18(2) of the Westbank First Nation Self-Government Act and section 106 of this Act, subsection 8(7) of the Privacy Act is replaced by the following: Definition of “aboriginal government” (7) The expression “aboriginal government” in paragraph (2)(k) means (a) Nisga’a Government, as defined in the Nisga’a Final Agreement given effect by the Nisga’a Final Agreement Act; (b) the council of the Westbank First Nation; or (c) the Tlicho Government, as defined in section 2 of the Tlicho Land Claims and SelfGovernment Act. C. 1 Tlicho Land Claims a OTHER AMENDMENTS 2003, c. 10 110. (1) If subsection 3(1) of An Act to amend the Lobbyists Registration Act, chapter 10 of the Statutes of Canada, 2003 (the “other Act”), comes into force before the coming into force of section 100 of this Act, then, on the later of the coming into force of that subsection 3(1) and the day on which this Act receives royal assent, section 100 of this Act and the heading before it are repealed. (2) If subsection 3(1) of the other Act comes into force on or after the day on which section 100 of this Act comes into force and section 108 of this Act has not had its effect, then, on the coming into force of that subsection 3(1), paragraph 4(1)(d.3) of the Lobbyists Registration Act is repealed. (3) If subsection 3(1) of the other Act comes into force on or after the day on which section 100 of this Act comes into force and section 108 of this Act has had its effect, then, on the coming into force of that subsection 3(1), paragraphs 4(1)(d.3) and (d.4) of the Lobbyists Registration Act are repealed. COMING INTO FORCE Order in council 111. This Act, other than sections 107 to 110, comes into force on a day to be fixed by order of the Governor in Council. Published under authority of the Speaker of the House of Commons Available from: Publishing and Depository Services PWGSC, Ottawa, ON K1A 0S5 Also available on the Parliamentary Intern Aussi disponible sur le réseau électronique « Parliam http://www Available from: Publishing and Depository Services PWGSC, Ottawa, ON K1A 0S5

First Session, Thirty-eighth Parliament, 53-54 Elizabeth II, 2004-2005 STATUTES OF CANADA 2005 CHAPTER 14 An Act to amend the Telefilm Canada Act and another Act ASSENTED TO 23rd MARCH, 2005 BILL C-18 RECOMMENDATION Her Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled “An Act to amend the Telefilm Canada Act and another Act”. SUMMARY This enactment provides Telefilm Canada with a mandate to act in audiovisual industries including film, television and new media. It also provides the Corporation with the authority to act in the sound recording industry under agreements made with the Department of Canadian Heritage. The enactment also grants Telefilm Canada, for the purpose of carrying out its mandate, the powers of a natural person. Everything done by the Corporation before the coming into force of this enactment is deemed to be valid to the same extent as it would have been were it done after this enactment comes into force. All parliamentary publications are available on the Parliamentary Internet Parlementaire at the following address: http://www.parl.gc.ca 53-54 ELIZABETH II —————— CHAPTER 14 An Act to amend the Telefilm Canada Act and another Act [Assented to 23rd March, 2005] Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: R.S., c. C-16; 2002, c. 17, s. 6 TELEFILM CANADA ACT 1. The definitions “Canadian feature film” and “Canadian feature film production”, “film activity”, “film-maker”, “film production” and “film technician” in section 2 of the Telefilm Canada Act are repealed. 2. Section 5 of the Act is replaced by the following: Eligibility for membership 5. No person who has, directly or indirectly and individually or as a shareholder, partner or otherwise, any pecuniary interest in the audiovisual industry is eligible to be appointed or to hold office as a member of the Corporation. 3. The heading before section 10 of the English version of the Act is replaced by the following: MANDATE AND POWERS 1994, c. 25, s. 1 4. Section 10 of the Act is replaced by the following: Mandate 10. (1) The mandate of the Corporation is to foster and promote the development of the audio-visual industry in Canada and to act in connection with agreements entered into under subsection (8). C. 14 General capacity (2) For the purpose of carrying out its mandate, the Corporation has the capacity, rights, powers and privileges of a natural person. Specific powers (3) Without limiting the generality of subsection (2), the Corporation may Telefilm (a) invest in individual Canadian audiovisual productions in return for a share in the proceeds from those productions; (b) make loans to producers of individual Canadian audio-visual productions and charge interest on those loans; (c) make awards for outstanding accomplishments in Canadian audio-visual productions; (d) make grants to audio-visual industry professionals resident in Canada to assist them in improving their craft; and (e) advise and assist Canadian audio-visual producers in the distribution of their works and in the administrative functions of audiovisual production. Borrowing (4) The Corporation shall not borrow money within the meaning of Part X of the Financial Administration Act otherwise than from the Crown. Loan guarantees (5) Despite subsection (4), the Corporation may, in accordance with terms and conditions approved by the Treasury Board and the Minister of Finance, guarantee loans for audiovisual productions and their distribution. Canadian content, ownership, etc. (6) For the purposes of this Act, a “Canadian audio-visual production” is an audio-visual production in respect of which the Corporation has determined (a) that the completed production will, in the judgment of the Corporation, have a significant Canadian creative, artistic and technical content, and that arrangements have been made to ensure that the copyright in the completed production will be owned by an individual resident in Canada, by a corpora2004-2005 Téléfilm tion incorporated under the laws of Canada or a province or by any combination of owners described in this paragraph; or (b) that provision has been made for the production under a co-production agreement entered into between Canada and another country. Corporation not a partner (7) The Corporation shall not be regarded as a partner in any production in which it may invest, and its liability shall be limited to the amount of its investment in the production. Contribution agreements (8) The Corporation may enter into agreements with the Department of Canadian Heritage for the provision of services or programs relating to the audio-visual or sound recording industries. Consultation and cooperation (9) The Corporation shall, to the greatest possible extent consistent with the performance of its duties under this Act, (a) carry out its mandate in the broader context of the policies of the Government of Canada with respect to culture; and (b) consult and cooperate with any departments, boards and agencies of the Government of Canada and the governments of the provinces that have a mandate related to the mandate of the Corporation. 1994, c. 25, s. 2(1) 5. (1) The portion of subsection 19(2) of the Act before paragraph (a) is replaced by the following: Amounts to be charged to Account (2) All amounts required for the purposes of paragraphs 10(3)(a) and (b) and subsection 10(5) shall be paid 1994, c. 25, s. 2(2) (2) Paragraphs 19(3)(a) to (c) are replaced by the following: (a) proceeds from any production in which the Corporation has invested under paragraph 10(3)(a); (b) the principal amount of or interest on any loan made by the Corporation under paragraph 10(3)(b); or (c) fees charged by the Corporation in respect of loan guarantees provided under subsection 10(5). C. 14 Telefilm 6. Paragraph 20(a) of the Act is replaced by the following: (a) for the purposes of paragraphs 10(3)(c) to (e), and 7. Section 21 of the Act is renumbered as subsection 21(1) and is amended by adding the following: Financial Administration Act (2) Sections 90 to 93, subsection 94(2) and sections 95, 99, 100 and 102 of the Financial Administration Act apply, with any necessary modifications, to the Corporation. R.S., c. F-11 CONSEQUENTIAL AMENDMENT TO FINANCIAL ADMINISTRATION ACT 2001, c. 11, s. 6(1), c. 34, par. 16(c)(E); 2002, c. 17, par. 14(c) 8. Subsection 85(1) of the Financial Administration Act is replaced by the following: Exempted Crown corporations 85. (1) Divisions I to IV do not apply to the Bank of Canada, the Canada Council for the Arts, the Canada Pension Plan Investment Board, the Canadian Broadcasting Corporation, the International Development Research Centre or the National Arts Centre Corporation. Exemption for Telefilm Canada (1.1) Subject to subsection 21(2) of the Telefilm Canada Act, Divisions I to IV do not apply to Telefilm Canada. TRANSITIONAL PROVISION Validation 9. Everything done by Telefilm Canada before the coming into force of this Act is valid to the same extent as it would have been were it done after that coming into force. Published under authority of the Speaker of the House of Commons Available from: Publishing and Depository Services PWGSC, Ottawa, ON K1A 0S5 Also available on the Parliamentary Intern Aussi disponible sur le réseau électronique « Parliam http://www Available from: Publishing and Depository Services PWGSC, Ottawa, ON K1A 0S5

First Session, Thirty-eighth Parliament, 53-54 Elizabeth II, 2004-2005 STATUTES OF CANADA 2005 CHAPTER 16 An Act to amend the Parliament of Canada Act and the Salaries Act and to make consequential amendments to other Acts ASSENTED TO 21st APRIL, 2005 BILL C-30 RECOMMENDATION Her Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled “An Act to amend the Parliament of Canada Act and the Salaries Act and to make consequential amendments to other Acts”. SUMMARY This enactment amends the Parliament of Canada Act and the Salaries Act to establish a new method of indexation of salaries and allowances for members of Parliament and ministers, with effect from April 1, 2004. Salaries and allowances will no longer be adjusted by reference to the increase in the annual salary of the Chief Justice of the Supreme Court of Canada, but in accordance with the index of the average percentage increase in base-rate wages for each calendar year, resulting from major settlements negotiated with bargaining units of 500 or more employees in the private sector in Canada, as published by the Department of Human Resources Development. The enactment also makes consequential amendments to other Acts. All parliamentary publications are available on the Parliamentary Internet Parlementaire at the following address: http://www.parl.gc.ca 53-54 ELIZABETH II —————— CHAPTER 16 An Act to amend the Parliament of Canada Act and the Salaries Act and to make consequential amendments to other Acts [Assented to 21st April, 2005] Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: R.S., c. P-1 PARLIAMENT OF CANADA ACT 1. Paragraph 33(2)(a) of the Parliament of Canada Act is replaced by the following: (a) holds an office for which a salary is provided in section 4.1 of the Salaries Act and receives that salary, or 2. Subsection 46(2) of the Act is replaced by the following: Maximum number (2) There shall not be appointed more Parliamentary Secretaries than the number of ministers who hold offices for which salaries are provided in section 4.1 of the Salaries Act. 3. The heading “SESSIONAL ALLOWANCES” before section 55 of the Act is replaced by the following: SESSIONAL ALLOWANCES BEFORE APRIL 1, 2004 4. Section 56 of the Act is replaced by the following: C. 16 Parliament of Can SESSIONAL ALLOWANCES FROM APRIL 1, 2004 Members of Parliament — fiscal year 2004-2005 55.1 (1) Despite section 55, the annual sessional allowance that shall be paid for the fiscal year commencing on April 1, 2004 to (a) members of the Senate is $116,200; and (b) members of the House of Commons is $141,200. Subsequent fiscal years (2) Despite section 55, the annual sessional allowance that shall be paid for each fiscal year subsequent to March 31, 2005 to (a) members of the Senate is the sessional allowance calculated in accordance with paragraph (b) minus $25,000; and (b) members of the House of Commons is the sessional allowance for the previous fiscal year plus the amount obtained by multiplying that sessional allowance by the index described in section 67.1 for the previous calendar year. How allowance paid 56. The sessional allowances payable under section 55.1 shall be paid in monthly instalments on the last day of each month. GENERAL PROVISIONS REGARDING SESSIONAL ALLOWANCES 5. The heading before section 60 of the Act is replaced by the following: SALARIES AND ADDITIONAL ALLOWANCES OF MEMBERS BEFORE APRIL 1, 2004 6. The Act is amended by adding the following after section 62: SALARIES AND ADDITIONAL ALLOWANCES OF MEMBERS FROM APRIL 1, 2004 Presiding officers — fiscal year 2004-2005 62.1 (1) Despite section 60, for the fiscal year commencing on April 1, 2004 there shall be paid to the following members of the Senate and the House of Commons the following annual salaries: (a) the Speaker of the Senate, $49,600; 2004-2005 Parlement du Cana (b) the member of the Senate occupying the recognized position of Speaker pro tempore of the Senate, $20,600; (c) the Speaker of the House of Commons, $67,800; (d) the Deputy Speaker of the House of Commons, $35,300; (e) the Deputy Chair of the Committee of the Whole House of Commons, $14,300; (f) the Assistant Deputy Chair of the Committee of the Whole House of Commons, $14,300; (g) the member — unless he or she receives a salary under the Salaries Act — occupying the position of Chair of a Standing or Special Committee of the Senate or House of Commons or a Standing or Special Joint Committee, other than the Liaison Committee of the House of Commons and the Standing Joint Committee on the Library of Parliament, $10,100; and (h) the member — unless he or she receives a salary under the Salaries Act — occupying the position of Vice-Chair of a Standing or Special Committee of the Senate or House of Commons or a Standing or Special Joint Committee, other than the Liaison Committee of the House of Commons and the Standing Joint Committee on the Library of Parliament, $5,200. Subsequent fiscal years (2) Despite section 60, the annual salary that shall be paid for each fiscal year subsequent to March 31, 2005 to a member of the Senate or the House of Commons referred to in subsection (1) is the annual salary for the previous fiscal year plus the amount obtained by multiplying that annual salary by the index described in section 67.1 for the previous calendar year. Parliamentary Secretaries — fiscal year 2004-2005 62.2 (1) Despite section 61, for the fiscal year commencing on April 1, 2004 a Parliamentary Secretary shall be paid an annual salary of $14,300. Subsequent fiscal years (2) Despite section 61, the annual salary that shall be paid for each fiscal year subsequent to March 31, 2005 to a Parliamentary Secretary is the annual salary for the previous fiscal year C. 16 Parliament of Can plus the amount obtained by multiplying that annual salary by the index described in section 67.1 for the previous calendar year. Other members of Parliament — fiscal year 2004-2005 62.3 (1) Despite section 62, for the fiscal year commencing on April 1, 2004 there shall be paid to the following members of the Senate or the House of Commons the following additional annual allowances: (a) the member of the Senate occupying the position of Leader of the Government in the Senate, unless the member is in receipt of a salary under the Salaries Act, $67,800; (b) the member of the Senate occupying the position of Leader of the Opposition in the Senate, $32,400; (c) the member of the Senate occupying the position of Deputy Leader of the Government in the Senate, $32,400; (d) the member of the Senate occupying the position of Deputy Leader of the Opposition in the Senate, $20,600; (e) the member of the Senate occupying the position of Government Whip in the Senate, $10,100; (f) the member of the Senate occupying the position of Opposition Whip in the Senate, $6,100; (f.1) the member of the Senate occupying the position of Deputy Government Whip in the Senate, $5,200; (f.2) the member of the Senate occupying the position of Deputy Opposition Whip in the Senate, $3,100; (f.3) the member of the Senate occupying the position of Chair of the Caucus of the Government in the Senate, $6,100; (f.4) the member of the Senate occupying the position of Chair of the Caucus of the Opposition in the Senate, $5,200; (g) the member occupying the position of Leader of the Opposition in the House of Commons, $67,800; (h) each member of the House of Commons, other than the Prime Minister or the member occupying the position of Leader of the 2004-2005 Parlement du Cana Opposition in the House of Commons, who is the leader of a party that has a recognized membership of twelve or more persons in the House, $48,300; (i) each of the members occupying the positions of Chief Government Whip and Chief Opposition Whip in the House of Commons, $25,600; (j) each of the members occupying the positions of Deputy Government Whip and Deputy Opposition Whip and the position of Whip of a party that has a recognized membership of twelve or more persons in the House of Commons, $10,100; (j.1) the member occupying the position of Deputy Whip of a party that has a recognized membership of twelve or more persons in the House of Commons, $5,200; (k) the member occupying the position of Opposition House Leader in the House of Commons, $35,300; (k.1) the member occupying the position of Deputy House Leader of the Government in the House of Commons, unless the member is in receipt of a salary under the Salaries Act or section 62.2 of this Act, $14,300; (k.2) the member occupying the position of Deputy House Leader of the Opposition in the House of Commons, $14,300; (l) the member occupying the position of House Leader of a party that has a recognized membership of twelve or more persons in the House of Commons, $14,300; (m) the member occupying the position of Deputy House Leader of a party that has a recognized membership of twelve or more persons in the House of Commons, $5,200; (n) each of the members occupying the positions of Chair of the Caucus of the Government and Chair of the Caucus of the Opposition in the House of Commons, $10,100; and (o) the member occupying the position of Chair of the Caucus of a party that has a recognized membership of twelve or more persons in the House of Commons, $5,200. C. 16 Subsequent fiscal years (2) Despite section 62, the additional annual allowance that shall be paid for each fiscal year subsequent to March 31, 2005 to a member of the Senate or the House of Commons referred to in subsection (1) is the additional annual allowance for the previous fiscal year plus the amount obtained by multiplying that additional annual allowance by the index described in section 67.1 for the previous calendar year. 2003, c. 16, s. 11 7. Section 67 of the Act is replaced by the following: Rounding of amounts 67. The salaries and allowances payable to members of the Senate and the House of Commons under sections 55.1 and 62.1 to 62.3 of this Act and section 4.1 of the Salaries Act shall be rounded down to the nearest hundred dollars. Index Parliament of Can 67.1 The index referred to in paragraph 55.1(2)(b) and subsections 62.1(2), 62.2(2) and 62.3(2) for a calendar year is the index of the average percentage increase in base-rate wages for the calendar year, resulting from major settlements negotiated with bargaining units of 500 or more employees in the private sector in Canada, as published by the Department of Human Resources Development within three months after the end of that calendar year. 8. Section 69 of the Act is replaced by the following: Payment after dissolution 69. For the purposes of the allowances payable under sections 55.1 and 63, a person who, immediately before a dissolution of the House of Commons, was a member of the House shall be deemed to continue to be a member of the House until the date of the next following general election. 2000, c. 27, s. 1(1); 2001, c. 20, s. 10(2) 9. Paragraphs 70(4)(a) and (b) of the Act are replaced by the following: (a) the sessional allowance under section 55.1, and (b) any salary or allowance under section 62.1, 62.2 or 62.3 of this Act or section 4.1 of the Salaries Act 2004-2005 Parlement du Cana 2003, c. 16, s. 12 10. The portion of subsection 71.1(1) of the Act before paragraph (a) is replaced by the following: Entitlement 71.1 (1) A member of the Senate or the House of Commons who resigns by reason of disability may elect to receive an annual disability allowance equal to 70% of their annual salaries and allowances under sections 55.1 and 62.1 to 62.3 of this Act and section 4.1 of the Salaries Act , on the date of resignation, if at the time of their resignation, the member R.S., c. S-3 SALARIES ACT 11. The heading before section 3 of the Salaries Act is replaced by the following: SALARY OF LIEUTENANT GOVERNORS 12. The Act is amended by adding the following before section 4: SALARIES OF MINISTERS BEFORE APRIL 1, 2004 13. The Act is amended by adding the following after section 4: SALARIES OF MINISTERS FROM APRIL 1, 2004 Prime Minister — fiscal year 2004-2005 4.1 (1) Despite subsection 4(1), for the fiscal year commencing on April 1, 2004 the Prime Minister’s annual salary is $141,200. Subsequent fiscal years (2) Despite subsection 4(1), the Prime Minister’s annual salary for each fiscal year subsequent to March 31, 2005 is the annual salary for the previous fiscal year plus the amount obtained by multiplying that annual salary by the index described in section 4.2 for the previous calendar year. Ministers — fiscal year 2004-2005 (3) Despite subsection 4(2), for the fiscal year commencing on April 1, 2004 the annual salary of the following ministers, being members of the Queen’s Privy Council for Canada, is $67,800: (a) the Minister of Justice and Attorney General; C. 16 Parliament of Can (b) the Minister of National Defence; (c) the Minister of National Revenue; (d) the Minister of Finance; (e) the Minister of Transport; (f) the President of the Queen’s Privy Council for Canada; (g) the Minister of Agriculture and AgriFood; (h) the Minister of Labour; (i) the Minister of Veterans Affairs; (j) the Associate Minister of National Defence; (k) the Solicitor General of Canada; (l) the Minister of Indian Affairs and Northern Development; (m) the President of the Treasury Board; (n) the Minister of the Environment; (o) the Leader of the Government in the Senate; (p) the Minister of Fisheries and Oceans; (q) the Minister for International Trade; (r) the Minister of International Cooperation; (s) the Minister of Western Economic Diversification; (t) the Member of the Queen’s Privy Council for Canada appointed by Commission under the Great Seal to be the Minister for the purposes of the Atlantic Canada Opportunities Agency Act; (u) the Minister of Citizenship and Immigration; (v) the Minister of Natural Resources; (w) the Minister of Industry; (x) the Minister of Foreign Affairs; (y) the Minister of Public Works and Government Services; (z) the Minister of Canadian Heritage; (z.1) the Minister of Health; 2004-2005 Parlement du Cana (z.2) the Minister of Human Resources Development; and (z.3) the Leader of the Government in the House of Commons. Subsequent fiscal years (4) Despite subsection 4(2), the annual salary that shall be paid for each fiscal year subsequent to March 31, 2005 to a minister referred to in subsection (3) is the annual salary for the previous fiscal year plus the amount obtained by multiplying that annual salary by the index described in section 4.2 for the previous calendar year. Ministers of State — fiscal year 2004-2005 (5) Despite subsection 4(3), for the fiscal year commencing on April 1, 2004 the annual salary of each minister of State, being a member of the Queen’s Privy Council for Canada, who presides over a ministry of State is $67,800. Subsequent fiscal years (6) Despite subsection 4(3), the annual salary of a minister of State referred to in subsection (5) for each fiscal year subsequent to March 31, 2005 is the annual salary for the previous fiscal year plus the amount obtained by multiplying that annual salary by the index described in section 4.2 for the previous calendar year. Index 4.2 The index referred to in subsections 4.1(2), (4) and (6) for a calendar year is the index of the average percentage increase in base-rate wages for the calendar year, resulting from major settlements negotiated with bargaining units of 500 or more employees in the private sector in Canada, as published by the Department of Human Resources Development within three months after the end of that calendar year. CONSEQUENTIAL AMENDMENTS R.S., c. M-5 MEMBERS OF PARLIAMENT RETIRING ALLOWANCES ACT 1992, c. 46, s. 81; 2001, c. 20, s. 14(1) 14. (1) The definitions “annual allowance” and “salary” in subsection 2(1) of the Members of Parliament Retiring Allowances Act are replaced by the following: 10 “annual allowance” « indemnité annuelle » “salary” « traitement » 1992, c. 46, s. 81 C. 16 Parliament of Can “annual allowance” means an annual allowance payable to a member pursuant to section 62 or 62.3 of the Parliament of Canada Act or payable to a member pursuant to an appropriation Act as Deputy Chairman or Assistant Deputy Chairman of a committee; “salary” means a salary payable to a member pursuant to section 4 or 4.1 of the Salaries Act or section 60, 61, 62.1 or 62.2 of the Parliament of Canada Act, or payable to a member pursuant to an appropriation Act as a minister of state or a minister without portfolio; (2) Paragraph (c) of the definition “sessional indemnity” in subsection 2(1) of the Act is replaced by the following: (c) in relation to a period after July 7, 1974, the allowance payable to a member under section 55 or 55.1 of the Parliament of Canada Act; 1992, c. 30 REFERENDUM ACT 15. Subsection 5(1) of the Referendum Act is replaced by the following: Motion for approval of referendum question 5. (1) Subject to subsections (2) and (4), a member of the Queen’s Privy Council for Canada referred to in section 4.1 of the Salaries Act may, in accordance with the procedures of the House of Commons, give notice of a motion for the approval of the text of a referendum question. COORDINATING AMENDMENTS 2004, c. 16 16. If section 13 of this Act comes into force before, or on the same day as, section 25 of the Amendments and Corrections Act, 2003 (the “other Act”), then, on the coming into force of that section 13, the portion of section 25 of the other Act before the heading “DISABILITY ALLOWANCE AND OTHER BENEFITS FOR FORMER LIEUTENANT GOVERNORS” is replaced by the following: 25. The Salaries Act is amended by adding the following after section 4.2: 2004-2005 2003, c. 22 “minister” « ministre » Bill C-6 Parlement du Cana 17. On the later of the coming into force of section 12 of the Public Service Modernization Act (the “other Act”) and the coming into force of section 13 of this Act, the definition “minister” in subsection 2(1) of the Public Service Employment Act, as enacted by section 12 of the other Act, is replaced by the following: “minister”, except in section 131, means any minister referred to in section 4.1 of the Salaries Act and any minister of State referred to in the Ministries and Ministers of State Act. 18. (1) If Bill C-6, introduced in the 1st session of the 38th Parliament and entitled the Department of Public Safety and Emergency Preparedness Act (the “other Act”), receives royal assent, then, on the later of the coming into force of section 2 of the other Act and the coming into force of section 13 of this Act, paragraph 4.1(3)(k) of the Salaries Act, as enacted by section 13 of this Act, is replaced by the following: (k) the Minister of Public Safety and Emergency Preparedness; Bill C-6 (2) If section 13 of this Act comes into force before, or on the same day as, section 2 of the other Act, then, on the coming into force of that section 13, paragraph 34(1)(u) of the other Act is repealed. Bill C-9 19. (1) If Bill C-9, introduced in the 1st session of the 38th Parliament and entitled the Economic Development Agency of Canada for the Regions of Quebec Act (the “other Act”), receives royal assent, then, on the later of the coming into force of section 2 of the other Act and the coming into force of section 13 of this Act, subsection 4.1(3) of the Salaries Act, as enacted by section 13 of this Act, is amended by adding the following after paragraph (t): (t.1) the Minister of the Economic Development Agency of Canada for the Regions of Quebec; C. 16 Bill C-9 (2) If section 13 of this Act comes into force before, or on the same day as, section 2 of the other Act, then, on the coming into force of that section 13, section 26 of the other Act and the heading before it are repealed. Bill C-22 20. (1) If Bill C-22, introduced in the 1st session of the 38th Parliament and entitled the Department of Social Development Act (the “other Act”), receives royal assent, then, on the later of the coming into force of section 2 of the other Act and the coming into force of section 13 of this Act, subsection 4.1(3) of the Salaries Act, as enacted by section 13 of this Act, is amended by striking out the word “and” at the end of paragraph (z.2) and by adding the following after paragraph (z.2): Parliament of Can (z.21) the Minister of Social Development; and Bill C-22 (2) If section 13 of this Act comes into force before, or on the same day as, section 2 of the other Act, then, on the coming into force of that section 13, section 65 of the other Act and the heading before it are repealed. Bill C-23 21. (1) If Bill C-23, introduced in the 1st session of the 38th Parliament and entitled the Department of Human Resources and Skills Development Act (the “other Act”), receives royal assent, then, on the later of the coming into force of section 2 of the other Act and the coming into force of section 13 of this Act, paragraph 4.1(3)(z.2) of the Salaries Act, as enacted by section 13 of this Act, is replaced by the following: (z.2) the Minister of Human Resources and Skills Development; and Bill C-23 (2) If section 13 of this Act comes into force before, or on the same day as, section 2 of the other Act, then, on the coming into force of that section 13, section 77 of the other Act and the heading before it are repealed. Parlement du Cana 2004-2005 Bill C-23 (3) If the other Act receives royal assent, then, on the later of the coming into force of section 2 of the other Act and the coming into force of sections 7 and 13 of this Act, (a) section 67.1 of the Parliament of Canada Act, as enacted by section 7 of this Act, is replaced by the following: Index 67.1 The index referred to in paragraph 55.1(2)(b) and subsections 62.1(2), 62.2(2) and 62.3(2) for a calendar year is the index of the average percentage increase in base-rate wages for the calendar year, resulting from major settlements negotiated with bargaining units of 500 or more employees in the private sector in Canada, as published by the Department of Human Resources and Skills Development within three months after the end of that calendar year. (b) section 4.2 of the Salaries Act, as enacted by section 13 of this Act, is replaced by the following: Index 4.2 The index referred to in subsections 4.1(2), (4) and (6) for a calendar year is the index of the average percentage increase in base-rate wages for the calendar year, resulting from major settlements negotiated with bargaining units of 500 or more employees in the private sector in Canada, as published by the Department of Human Resources and Skills Development within three months after the end of that calendar year. COMING INTO FORCE Coming into force 22. This Act, other than sections 16 to 21, is deemed to have come into force on April 1, 2004. Published under authority of the Speaker of the House of Commons Available from: Publishing and Depository Services PWGSC, Ottawa, ON K1A 0S5 Also available on the Parliamentary Intern Aussi disponible sur le réseau électronique « Parliam http://www Available from: Publishing and Depository Services PWGSC, Ottawa, ON K1A 0S5

First Session, Thirty-eighth Parliament, 53-54 Elizabeth II, 2004-2005 STATUTES OF CANADA 2005 CHAPTER 3 An Act to implement the Convention on International Interests in Mobile Equipment and the Protocol to the Convention on International Interests in Mobile Equipment on Matters Specific to Aircraft Equipment ASSENTED TO 24th FEBRUARY, 2005 BILL C-4 SUMMARY This enactment would implement the Convention on International Interests in Mobile Equipment and the Protocol to the Convention on International Interests in Mobile Equipment on Matters Specific to Aircraft Equipment. All parliamentary publications are available on the Parliamentary Internet Parlementaire at the following address: http://www.parl.gc.ca TABLE OF PROVISIONS AN ACT TO IMPLEMENT THE CONVENTION ON INTERNATIONAL INTERESTS IN MOBILE EQUIPMENT AND THE PROTOCOL TO THE CONVENTION ON INTERNATIONAL INTERESTS IN MOBILE EQUIPMENT ON MATTERS SPECIFIC TO AIRCRAFT EQUIPMENT SHORT TITLE 1. Short title INTERPRETATION 2. Definitions 3. Purpose PURPOSE FORCE OF LAW 4. Force of law HER MAJESTY 5. Binding on Her Majesty INCONSISTENT LAWS 6. Inconsistent laws 7. Courts COURTS REQUESTS FOR DECLARATIONS 8. Ministerial requests REGULATIONS 9. Regulations AMENDMENTS TO CERTAIN ACTS 10. 11-14. Bank Act Bankruptcy and Insolvency Act i 15-16. Companies’ Creditors Arrangement Act 17-18. Winding-up and Restructuring Act COMING INTO FORCE 19. Order in council SCHEDULES 1-3 53-54 ELIZABETH II —————— CHAPTER 3 An Act to implement the Convention on International Interests in Mobile Equipment and the Protocol to the Convention on International Interests in Mobile Equipment on Matters Specific to Aircraft Equipment [Assented to 24th February, 2005] Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: SHORT TITLE Short title 1. This Act may be cited as the International Interests in Mobile Equipment (aircraft equipment) Act. INTERPRETATION Definitions 2. (1) The following definitions apply in this Act. “aircraft objects” « biens aéronautiques » “aircraft objects” has the same meaning as in Article I(2)(c) of the Aircraft Protocol. “Aircraft Protocol” « Protocole aéronautique » “Convention” « Convention » “declaration” « déclaration » “Aircraft Protocol” means the Protocol to the Convention on International Interests in Mobile Equipment on Matters Specific to Aircraft Equipment set out in Schedule 2. “Convention” means the Convention on International Interests in Mobile Equipment set out in Schedule 1. “declaration” means a declaration or designation made by Canada under the Convention or the Aircraft Protocol. C. 3 Same meaning (2) Unless a contrary intention appears, words and expressions used in this Act have the same meaning as in the Convention and the Aircraft Protocol. Interpretation (3) In interpreting the Convention and the Aircraft Protocol, recourse may be had to International Interests in Mobile (a) the Official Commentary on the Convention on International Interests in Mobile Equipment and the Protocol thereto on Matters Specific to Aircraft Equipment, as approved for distribution by the Governing Council of the International Institute for the Unification of Private Law (UNIDROIT); and (b) the Consolidated Text of the Convention on International Interests in Mobile Equipment and the Protocol to the Convention on International Interests in Mobile Equipment on Matters Specific to Aircraft Equipment set out in Schedule 3. PURPOSE Purpose 3. The purpose of this Act is to implement the provisions of the Convention and the Aircraft Protocol with respect to aircraft objects. FORCE OF LAW Force of law 4. (1) Subject to subsection (2), to the extent that they apply to Canada as described in declarations, the Convention and the Aircraft Protocol have the force of law with respect to aircraft objects during the period that the Aircraft Protocol is, by its terms, in force in respect of Canada. Exception (2) Subsection (1) does not apply in respect of Articles 47 to 62 of the Convention and Articles XI and XXVI to XXXII of the Aircraft Protocol. HER MAJESTY Binding on Her Majesty 5. This Act is binding on Her Majesty in right of Canada or a province. 2004-2005 Garanties internationales portant sur INCONSISTENT LAWS Inconsistent laws 6. If a provision of this Act, including a provision given force of law by section 4, is inconsistent with any other law, the provision prevails over the other law to the extent of the inconsistency. COURTS Courts 7. The superior courts of the provinces are courts of competent jurisdiction for the purpose of the enforcement of the provisions of this Act, including provisions given force of law by section 4. REQUESTS FOR DECLARATIONS Ministerial requests 8. (1) Requests from ministers of the Crown in right of Canada for declarations must be directed to the Minister of Foreign Affairs. Provincial requests (2) The Minister of Justice must forward to the Minister of Foreign Affairs requests received from the provinces for declarations. REGULATIONS Regulations 9. The Governor in Council may make any regulations that are necessary for carrying out any of the provisions of this Act, including the provisions given force of law by section 4. AMENDMENTS TO CERTAIN ACTS 1991, c. 46 BANK ACT 10. The Bank Act is amended by adding the following after section 436: Regulations — aircraft objects 436.1 (1) The Governor in Council may make regulations respecting the application of sections 426 to 436 to aircraft objects, including regulations (a) removing classes of aircraft objects from the application of those sections or reinstating their application to those classes of aircraft objects; and (b) eliminating rights and powers acquired under those sections in relation to aircraft objects. C. 3 Definition of “aircraft objects” (2) In subsection (1), “aircraft objects” has the same meaning as in subsection 2(1) of the International Interests in Mobile Equipment (aircraft equipment) Act. R.S., c. B-3; 1992, c. 27, s. 2 BANKRUPTCY AND INSOLVENCY ACT International Interests in Mobile 11. Subsection 2(1) of the Bankruptcy and Insolvency Act is amended by adding the following in alphabetical order: “aircraft objects” « biens aéronautiques » “aircraft objects” has the same meaning as in subsection 2(1) of the International Interests in Mobile Equipment (aircraft equipment) Act; 12. Subsection 69(2) of the Act is amended by striking out the word “or” at the end of paragraph (b), by adding the word “or” at the end of paragraph (c) and by adding the following after paragraph (c): (d) to prevent a creditor who holds security on aircraft objects — or who is a lessor of aircraft objects or a conditional seller of aircraft objects — under an agreement with the insolvent person from taking possession of the equipment (i) if, after the commencement of proceedings under this Act, the insolvent person defaults in protecting or maintaining the equipment in accordance with the agreement, (ii) sixty days after the commencement of proceedings under this Act unless, during that period, the insolvent person (A) remedied the default of every other obligation under the agreement, other than a default constituted by the commencement of proceedings under this Act or the breach of a provision in the agreement relating to the insolvent person’s financial condition, (B) agreed to perform the obligations under the agreement, other than an obligation not to become insolvent or 2004-2005 Garanties internationales portant sur an obligation relating to the insolvent person’s financial condition, until the day on which proceedings under this Act end, and (C) agreed to perform all the obligations arising under the agreement after the proceedings under this Act end, or (iii) if, during the period that begins on the expiry of the sixty-day period and ends on the day on which proceedings under this Act end, the insolvent person defaults in performing an obligation under the agreement, other than an obligation not to become insolvent or an obligation relating to the insolvent person’s financial condition. 13. Subsection 69.1(2) of the Act is amended by striking out the word “or” at the end of paragraph (b), by adding the word “or” at the end of paragraph (c) and by adding the following after paragraph (c): (d) to prevent a creditor who holds security on aircraft objects — or who is a lessor of aircraft objects or a conditional seller of aircraft objects — under an agreement with the insolvent person from taking possession of the equipment (i) if, after the commencement of proceedings under this Act, the insolvent person defaults in protecting or maintaining the equipment in accordance with the agreement, (ii) sixty days after the commencement of proceedings under this Act unless, during that period, the insolvent person (A) remedied the default of every other obligation under the agreement, other than a default constituted by the commencement of proceedings under this Act or the breach of a provision in the agreement relating to the insolvent person’s financial condition, (B) agreed to perform the obligations under the agreement, other than an obligation not to become insolvent or an obligation relating to the insolvent C. 3 International Interests in Mobile person’s financial condition, until the day on which proceedings under this Act end, and (C) agreed to perform all the obligations arising under the agreement after the proceedings under this Act end, or (iii) if, during the period that begins on the expiry of the sixty-day period and ends on the day on which proceedings under this Act end, the insolvent person defaults in performing an obligation under the agreement, other than an obligation not to become insolvent or an obligation relating to the insolvent person’s financial condition. 1992, c. 27, s. 36 14. (1) Subsection 69.3(1) of the Act is replaced by the following: Stay of proceedings — bankruptcy 69.3 (1) Subject to subsections (2) and (3) and sections 69.4 and 69.5, on the bankruptcy of any debtor, no creditor has any remedy against the debtor or the debtor’s property, or may commence or continue any action, execution or other proceedings, for the recovery of a claim provable in bankruptcy, until the trustee has been discharged. (2) Section 69.3 of the Act is amended by adding the following after subsection (2): Secureed creditors — aircraft objects (3) The bankruptcy of a debtor does not prevent a creditor who holds security on aircraft objects — or who is a lessor of aircraft objects or a conditional seller of aircraft objects — under an agreement with the bankrupt from taking possession of the equipment (a) if, after the commencement of proceedings under this Act, the trustee defaults in protecting or maintaining the equipment in accordance with the agreement; (b) sixty days after the commencement of proceedings under this Act unless, during that period, the trustee (i) remedied the default of every other obligation under the agreement, other than a default constituted by the commencement 2004-2005 Garanties internationales portant sur of proceedings under this Act or the breach of a provision in the agreement relating to the bankrupt’s financial condition, (ii) agreed to perform the obligations under the agreement, other than an obligation not to become insolvent or an obligation relating to the bankrupt’s financial condition, until the day on which proceedings under this Act end, and (iii) agreed to perform all the obligations arising under the agreement after the proceedings under this Act end; or (c) if, during the period that begins on the expiry of the sixty-day period and ends on the day on which proceedings under this Act end, the trustee defaults in performing an obligation under the agreement, other than an obligation not to become insolvent or an obligation relating to the bankrupt’s financial condition. R.S., c. C-36 COMPANIES’ CREDITORS ARRANGEMENT ACT 15. Section 2 of the Companies’ Creditors Arrangement Act is amended by adding the following in alphabetical order: “aircraft objects” « biens aéronautiques » “aircraft objects” has the same meaning as in subsection 2(1) of the International Interests in Mobile Equipment (aircraft equipment) Act; 16. The Act is amended by adding the following after section 11.3: Limitation — aircraft objects 11.31 No order made under section 11 prevents a creditor who holds security on aircraft objects — or a lessor of aircraft objects or a conditional seller of aircraft objects — under an agreement with a debtor company in respect of which an application is made under this Act from taking possession of the equipment (a) if, after the commencement of proceedings under this Act, the company defaults in protecting or maintaining the equipment in accordance with the agreement; C. 3 International Interests in Mobile (b) sixty days after the commencement of proceedings under this Act unless, during that period, the company (i) remedied the default of every other obligation under the agreement, other than a default constituted by the commencement of proceedings under this Act or the breach of a provision in the agreement relating to the company’s financial condition, (ii) agreed to perform the obligations under the agreement, other than an obligation not to become insolvent or an obligation relating to the company’s financial condition, until proceedings under this Act end, and (iii) agreed to perform all the obligations arising under the agreement after the proceedings under this Act end; or (c) if, during the period that begins on the expiry of the sixty-day period and ends on the day on which proceedings under this Act end, the company defaults in performing an obligation under the agreement, other than an obligation not to become insolvent or an obligation relating to the company’s financial condition. R.S., c. W-11; 1996, c. 6. s. 134 WINDING-UP AND RESTRUCTURING ACT 17. Subsection 2(1) of the Winding-up and Restructuring Act is amended by adding the following in alphabetical order: “aircraft objects” « biens aéronautiques » “aircraft objects” has the same meaning as in subsection 2(1) of the International Interests in Mobile Equipment (aircraft equipment) Act; 18. The Act is amended by adding the following after section 22.1: Aircraft objects 22.2 Nothing in this Act prevents a creditor who holds security on aircraft objects — or a lessor of aircraft objects or a conditional seller of aircraft objects — under an agreement with a company in respect of which an application for 2004-2005 Garanties internationales portant sur a winding-up order is made for the reason set out in paragraph 10(c) from taking possession of the equipment (a) if, after the commencement of proceedings under this Act, the company defaults in protecting or maintaining the equipment in accordance with the agreement; (b) sixty days after the commencement of proceedings under this Act unless, during that period, the company (i) remedied the default of every other obligation under the agreement, other than a default constituted by the commencement of proceedings under this Act or the breach of a provision in the agreement relating to the company’s financial condition, (ii) agreed to perform the obligations under the agreement, other than an obligation not to become insolvent or an obligation relating to the company’s financial condition, until the day on which proceedings under this Act end, and (iii) agreed to perform all the obligations arising under the agreement after the proceedings under this Act end; or (c) if, during the period that begins on the expiry of the sixty-day period and ends on the day on which proceedings under this Act end, the company defaults in performing an obligation under the agreement, other than an obligation not to become insolvent or an obligation relating to the company’s financial condition. COMING INTO FORCE Order in council 19. The provisions of this Act, and the provisions of any Act as enacted by this Act, come into force on a day or days to be fixed by order of the Governor in Council. C. 3 International Interests in Mobile Equipm SCHEDULE 1 (Subsection 2(1)) CONVENTION ON INTERNATIONAL INTERESTS IN MOBILE EQUIPMENT THE STATES PARTIES TO THIS CONVENTION, AWARE of the need to acquire and use mobile equipment of high value or particular economic significance and to facilitate the financing of the acquisition and use of such equipment in an efficient manner, RECOGNISING the advantages of asset-based financing and leasing for this purpose and desiring to facilitate these types of transaction by establishing clear rules to govern them, MINDFUL of the need to ensure that interests in such equipment are recognised and protected universally, DESIRING to provide broad and mutual economic benefits for all interested parties, BELIEVING that such rules must reflect the principles underlying asset-based financing and leasing and promote the autonomy of the parties necessary in these transactions, CONSCIOUS of the need to establish a legal framework for international interests in such equipment and for that purpose to create an international registration system for their protection, TAKING INTO CONSIDERATION the objectives and principles enunciated in existing Conventions relating to such equipment, HAVE AGREED upon the following provisions: CHAPTER I SPHERE OF APPLICATION AND GENERAL PROVISIONS ARTICLE 1 DEFINITIONS In this Convention, except where the context otherwise requires, the following terms are employed with the meanings set out below: 2004-2005 Garanties internationales portant sur des m (a) “agreement” means a security agreement, a title reservation agreement or a leasing agreement; (b) “assignment” means a contract which, whether by way of security or otherwise, confers on the assignee associated rights with or without a transfer of the related international interest; (c) “associated rights” means all rights to payment or other performance by a debtor under an agreement which are secured by or associated with the object; (d) “commencement of the insolvency proceedings” means the time at which the insolvency proceedings are deemed to commence under the applicable insolvency law; (e) “conditional buyer” means a buyer under a title reservation agreement; (f) “conditional seller” means a seller under a title reservation agreement; (g) “contract of sale” means a contract for the sale of an object by a seller to a buyer which is not an agreement as defined in (a) above; (h) “court” means a court of law or an administrative or arbitral tribunal established by a Contracting State; (i) “creditor” means a chargee under a security agreement, a conditional seller under a title reservation agreement or a lessor under a leasing agreement; (j) “debtor” means a chargor under a security agreement, a conditional buyer under a title reservation agreement, a lessee under a leasing agreement or a person whose interest in an object is burdened by a registrable non-consensual right or interest; (k) “insolvency administrator” means a person authorised to administer the reorganisation or liquidation, including one authorised on an interim basis, and includes a debtor in possession if permitted by the applicable insolvency law; (l) “insolvency proceedings” means bankruptcy, liquidation or other collective judicial or administrative proceedings, including interim proceedings, in which the assets and affairs of the debtor are subject to control or supervision by a court for the purposes of reorganisation or liquidation; (m) “interested persons” means: (i) the debtor; C. 3 International Interests in Mobile Equipm (ii) any person who, for the purpose of assuring performance of any of the obligations in favour of the creditor, gives or issues a suretyship or demand guarantee or a standby letter of credit or any other form of credit insurance; (iii) any other person having rights in or over the object; (n) “internal transaction” means a transaction of a type listed in Article 2(2)(a) to (c) where the centre of the main interests of all parties to such transaction is situated, and the relevant object located (as specified in the Protocol), in the same Contracting State at the time of the conclusion of the contract and where the interest created by the transaction has been registered in a national registry in that Contracting State which has made a declaration under Article 50(1); (o) “international interest” means an interest held by a creditor to which Article 2 applies; (p) “International Registry” means the international registration facilities established for the purposes of this Convention or the Protocol; (q) “leasing agreement” means an agreement by which one person (the lessor) grants a right to possession or control of an object (with or without an option to purchase) to another person (the lessee) in return for a rental or other payment; (r) “national interest” means an interest held by a creditor in an object and created by an internal transaction covered by a declaration under Article 50(1); (s) “non-consensual right or interest” means a right or interest conferred under the law of a Contracting State which has made a declaration under Article 39 to secure the performance of an obligation, including an obligation to a State, State entity or an intergovernmental or private organisation; (t) “notice of a national interest” means notice registered or to be registered in the International Registry that a national interest has been created; (u) “object” means an object of a category to which Article 2 applies; (v) “pre-existing right or interest” means a right or interest of any kind in or over an object created or arising before the effective date of this Convention as defined by Article 60(2)(a); 2004-2005 Garanties internationales portant sur des m (w) “proceeds” means money or non-money proceeds of an object arising from the total or partial loss or physical destruction of the object or its total or partial confiscation, condemnation or requisition; (x) “prospective assignment” means an assignment that is intended to be made in the future, upon the occurrence of a stated event, whether or not the occurrence of the event is certain; (y) “prospective international interest” means an interest that is intended to be created or provided for in an object as an international interest in the future, upon the occurrence of a stated event (which may include the debtor’s acquisition of an interest in the object), whether or not the occurrence of the event is certain; (z) “prospective sale” means a sale which is intended to be made in the future, upon the occurrence of a stated event, whether or not the occurrence of the event is certain; (aa) “Protocol” means, in respect of any category of object and associated rights to which this Convention applies, the Protocol in respect of that category of object and associated rights; (bb) “registered” means registered in the International Registry pursuant to Chapter V; (cc) “registered interest” means an international interest, a registrable non-consensual right or interest or a national interest specified in a notice of a national interest registered pursuant to Chapter V; (dd) “registrable non-consensual right or interest” means a non-consensual right or interest registrable pursuant to a declaration deposited under Article 40; (ee) “Registrar” means, in respect of the Protocol, the person or body designated by that Protocol or appointed under Article 17(2)(b); (ff) “regulations” means regulations made or approved by the Supervisory Authority pursuant to the Protocol; (gg) “sale” means a transfer of ownership of an object pursuant to a contract of sale; (hh) “secured obligation” means an obligation secured by a security interest; (ii) “security agreement” means an agreement by which a chargor grants or agrees to grant to a chargee an interest (including an ownership interest) in or over an object to secure the performance of any existing or future obligation of the chargor or a third person; C. 3 International Interests in Mobile Equipm (jj) “security interest” means an interest created by a security agreement; (kk) “Supervisory Authority” means, in respect of the Protocol, the Supervisory Authority referred to in Article 17(1); (ll) “title reservation agreement” means an agreement for the sale of an object on terms that ownership does not pass until fulfilment of the condition or conditions stated in the agreement; (mm) “unregistered interest” means a consensual interest or non-consensual right or interest (other than an interest to which Article 39 applies) which has not been registered, whether or not it is registrable under this Convention; and (nn) “writing” means a record of information (including information communicated by teletransmission) which is in tangible or other form and is capable of being reproduced in tangible form on a subsequent occasion and which indicates by reasonable means a person’s approval of the record. ARTICLE 2 THE INTERNATIONAL INTEREST 1. This Convention provides for the constitution and effects of an international interest in certain categories of mobile equipment and associated rights. 2. For the purposes of this Convention, an international interest in mobile equipment is an interest, constituted under Article 7, in a uniquely identifiable object of a category of such objects listed in paragraph 3 and designated in the Protocol: (a) granted by the chargor under a security agreement; (b) vested in a person who is the conditional seller under a title reservation agreement; or (c) vested in a person who is the lessor under a leasing agreement. Garanties internationales portant sur des m 2004-2005 An interest falling within sub-paragraph (a) does not also fall within sub-paragraph (b) or (c). 3. The categories referred to in the preceding paragraphs are: (a) airframes, aircraft engines and helicopters; (b) railway rolling stock; and (c) space assets. 4. The applicable law determines whether an interest to which paragraph 2 applies falls within sub-paragraph (a), (b) or (c) of that paragraph. 5. An international interest in an object extends to proceeds of that object. ARTICLE 3 SPHERE OF APPLICATION 1. This Convention applies when, at the time of the conclusion of the agreement creating or providing for the international interest, the debtor is situated in a Contracting State. 2. The fact that the creditor is situated in a non-Contracting State does not affect the applicability of this Convention. ARTICLE 4 WHERE DEBTOR IS SITUATED 1. For the purposes of Article 3(1), the debtor is situated in any Contracting State: (a) under the law of which it is incorporated or formed; (b) where it has its registered office or statutory seat; (c) where it has its centre of administration; or (d) where it has its place of business. 2. A reference in sub-paragraph (d) of the preceding paragraph to the debtor’s place of business shall, if it has more than one place of business, mean its principal place of business or, if it has no place of business, its habitual residence. C. 3 International Interests in Mobile Equipm ARTICLE 5 INTERPRETATION AND APPLICABLE LAW 1. In the interpretation of this Convention, regard is to be had to its purposes as set forth in the preamble, to its international character and to the need to promote uniformity and predictability in its application. 2. Questions concerning matters governed by this Convention which are not expressly settled in it are to be settled in conformity with the general principles on which it is based or, in the absence of such principles, in conformity with the applicable law. 3. References to the applicable law are to the domestic rules of the law applicable by virtue of the rules of private international law of the forum State. 4. Where a State comprises several territorial units, each of which has its own rules of law in respect of the matter to be decided, and where there is no indication of the relevant territorial unit, the law of that State decides which is the territorial unit whose rules shall govern. In the absence of any such rule, the law of the territorial unit with which the case is most closely connected shall apply. ARTICLE 6 RELATIONSHIP BETWEEN THE CONVENTION AND THE PROTOCOL 1. This Convention and the Protocol shall be read and interpreted together as a single instrument. 2. To the extent of any inconsistency between this Convention and the Protocol, the Protocol shall prevail. CHAPTER II CONSTITUTION OF AN INTERNATIONAL INTEREST ARTICLE 7 FORMAL REQUIREMENTS An interest is constituted as an international interest under this Convention where the agreement creating or providing for the interest: (a) is in writing; (b) relates to an object of which the chargor, conditional seller or lessor has power to dispose; (c) enables the object to be identified in conformity with the Protocol; and 2004-2005 Garanties internationales portant sur des m (d) in the case of a security agreement, enables the secured obligations to be determined, but without the need to state a sum or maximum sum secured. CHAPTER III DEFAULT REMEDIES ARTICLE 8 REMEDIES OF CHARGEE 1. In the event of default as provided in Article 11, the chargee may, to the extent that the chargor has at any time so agreed and subject to any declaration that may be made by a Contracting State under Article 54, exercise any one or more of the following remedies: (a) take possession or control of any object charged to it; (b) sell or grant a lease of any such object; (c) collect or receive any income or profits arising from the management or use of any such object. 2. The chargee may alternatively apply for a court order authorising or directing any of the acts referred to in the preceding paragraph. 3. Any remedy set out in sub-paragraph (a), (b) or (c) of paragraph 1 or by Article 13 shall be exercised in a commercially reasonable manner. A remedy shall be deemed to be exercised in a commercially reasonable manner where it is exercised in conformity with a provision of the security agreement except where such a provision is manifestly unreasonable. 4. A chargee proposing to sell or grant a lease of an object under paragraph 1 shall give reasonable prior notice in writing of the proposed sale or lease to: (a) interested persons specified in Article 1(m)(i) and (ii); and (b) interested persons specified in Article 1(m)(iii) who have given notice of their rights to the chargee within a reasonable time prior to the sale or lease. 5. Any sum collected or received by the chargee as a result of exercise of any of the remedies set out in paragraph 1 or 2 shall be applied towards discharge of the amount of the secured obligations. C. 3 International Interests in Mobile Equipm 6. Where the sums collected or received by the chargee as a result of the exercise of any remedy set out in paragraph 1 or 2 exceed the amount secured by the security interest and any reasonable costs incurred in the exercise of any such remedy, then unless otherwise ordered by the court the chargee shall distribute the surplus among holders of subsequently ranking interests which have been registered or of which the chargee has been given notice, in order of priority, and pay any remaining balance to the chargor. ARTICLE 9 VESTING OF OBJECT IN SATISFACTION; REDEMPTION 1. At any time after default as provided in Article 11, the chargee and all the interested persons may agree that ownership of (or any other interest of the chargor in) any object covered by the security interest shall vest in the chargee in or towards satisfaction of the secured obligations. 2. The court may on the application of the chargee order that ownership of (or any other interest of the chargor in) any object covered by the security interest shall vest in the chargee in or towards satisfaction of the secured obligations. 3. The court shall grant an application under the preceding paragraph only if the amount of the secured obligations to be satisfied by such vesting is commensurate with the value of the object after taking account of any payment to be made by the chargee to any of the interested persons. 4. At any time after default as provided in Article 11 and before sale of the charged object or the making of an order under paragraph 2, the chargor or any interested person may discharge the security interest by paying in full the amount secured, subject to any lease granted by the chargee under Article 8(1)(b) or ordered under Article 8(2). Where, after such default, the payment of the amount secured is made in full by an interested person other than the debtor, that person is subrogated to the rights of the chargee. 5. Ownership or any other interest of the chargor passing on a sale under Article 8(1)(b) or passing under paragraph 1 or 2 of this Article is free from any other interest over which the chargee’s security interest has priority under the provisions of Article 29. 2004-2005 Garanties internationales portant sur des m ARTICLE 10 REMEDIES OF CONDITIONAL SELLER OR LESSOR In the event of default under a title reservation agreement or under a leasing agreement as provided in Article 11, the conditional seller or the lessor, as the case may be, may: (a) subject to any declaration that may be made by a Contracting State under Article 54, terminate the agreement and take possession or control of any object to which the agreement relates; or (b) apply for a court order authorising or directing either of these acts. ARTICLE 11 MEANING OF DEFAULT 1. The debtor and the creditor may at any time agree in writing as to the events that constitute a default or otherwise give rise to the rights and remedies specified in Articles 8 to 10 and 13. 2. Where the debtor and the creditor have not so agreed, “default” for the purposes of Articles 8 to 10 and 13 means a default which substantially deprives the creditor of what it is entitled to expect under the agreement. ARTICLE 12 ADDITIONAL REMEDIES Any additional remedies permitted by the applicable law, including any remedies agreed upon by the parties, may be exercised to the extent that they are not inconsistent with the mandatory provisions of this Chapter as set out in Article 15. ARTICLE 13 RELIEF PENDING FINAL DETERMINATION 1. Subject to any declaration that it may make under Article 55, a Contracting State shall ensure that a creditor who adduces evidence of default by the debtor may, pending final determination of its claim and to the extent that the debtor has at any time so agreed, obtain from a court speedy relief in the form of such one or more of the following orders as the creditor requests: (a) preservation of the object and its value; (b) possession, control or custody of the object; (c) immobilisation of the object; and C. 3 International Interests in Mobile Equipm (d) lease or, except where covered by sub-paragraphs (a) to (c), management of the object and the income therefrom. 2. In making any order under the preceding paragraph, the court may impose such terms as it considers necessary to protect the interested persons in the event that the creditor: (a) in implementing any order granting such relief, fails to perform any of its obligations to the debtor under this Convention or the Protocol; or (b) fails to establish its claim, wholly or in part, on the final determination of that claim. 3. Before making any order under paragraph 1, the court may require notice of the request to be given to any of the interested persons. 4. Nothing in this Article affects the application of Article 8(3) or limits the availability of forms of interim relief other than those set out in paragraph 1. ARTICLE 14 PROCEDURAL REQUIREMENTS Subject to Article 54(2), any remedy provided by this Chapter shall be exercised in conformity with the procedure prescribed by the law of the place where the remedy is to be exercised. ARTICLE 15 DEROGATION In their relations with each other, any two or more of the parties referred to in this Chapter may at any time, by agreement in writing, derogate from or vary the effect of any of the preceding provisions of this Chapter except Articles 8(3) to (6), 9(3) and (4), 13(2) and 14. CHAPTER IV THE INTERNATIONAL REGISTRATION SYSTEM ARTICLE 16 THE INTERNATIONAL REGISTRY 1. An International Registry shall be established for registrations of: 2004-2005 Garanties internationales portant sur des m (a) international interests, prospective international interests and registrable non-consensual rights and interests; (b) assignments and prospective assignments of international interests; (c) acquisitions of international interests by legal or contractual subrogations under the applicable law; (d) notices of national interests; and (e) subordinations of interests referred to in any of the preceding sub-paragraphs. 2. Different international registries may be established for different categories of object and associated rights. 3. For the purposes of this Chapter and Chapter V, the term “registration” includes, where appropriate, an amendment, extension or discharge of a registration. ARTICLE 17 THE SUPERVISORY AUTHORITY AND THE REGISTRAR 1. There shall be a Supervisory Authority as provided by the Protocol. 2. The Supervisory Authority shall: (a) establish or provide for the establishment of the International Registry; (b) except as otherwise provided by the Protocol, appoint and dismiss the Registrar; (c) ensure that any rights required for the continued effective operation of the International Registry in the event of a change of Registrar will vest in or be assignable to the new Registrar; (d) after consultation with the Contracting States, make or approve and ensure the publication of regulations pursuant to the Protocol dealing with the operation of the International Registry; (e) establish administrative procedures through which complaints concerning the operation of the International Registry can be made to the Supervisory Authority; (f) supervise the Registrar and the operation of the International Registry; (g) at the request of the Registrar, provide such guidance to the Registrar as the Supervisory Authority thinks fit; C. 3 International Interests in Mobile Equipm (h) set and periodically review the structure of fees to be charged for the services and facilities of the International Registry; (i) do all things necessary to ensure that an efficient noticebased electronic registration system exists to implement the objectives of this Convention and the Protocol; and (j) report periodically to Contracting States concerning the discharge of its obligations under this Convention and the Protocol. 3. The Supervisory Authority may enter into any agreement requisite for the performance of its functions, including any agreement referred to in Article 27(3). 4. The Supervisory Authority shall own all proprietary rights in the data bases and archives of the International Registry. 5. The Registrar shall ensure the efficient operation of the International Registry and perform the functions assigned to it by this Convention, the Protocol and the regulations. CHAPTER V OTHER MATTERS RELATING TO REGISTRATION ARTICLE 18 REGISTRATION REQUIREMENTS 1. The Protocol and regulations shall specify the requirements, including the criteria for the identification of the object: (a) for effecting a registration (which shall include provision for prior electronic transmission of any consent from any person whose consent is required under Article 20); (b) for making searches and issuing search certificates, and, subject thereto; (c) for ensuring the confidentiality of information and documents of the International Registry other than information and documents relating to a registration. 2. The Registrar shall not be under a duty to enquire whether a consent to registration under Article 20 has in fact been given or is valid. 3. Where an interest registered as a prospective international interest becomes an international interest, no further registration shall be required provided that the registration information is sufficient for a registration of an international interest. 2004-2005 Garanties internationales portant sur des m 4. The Registrar shall arrange for registrations to be entered into the International Registry data base and made searchable in chronological order of receipt, and the file shall record the date and time of receipt. 5. The Protocol may provide that a Contracting State may designate an entity or entities in its territory as the entry point or entry points through which the information required for registration shall or may be transmitted to the International Registry. A Contracting State making such a designation may specify the requirements, if any, to be satisfied before such information is transmitted to the International Registry. ARTICLE 19 VALIDITY AND TIME OF REGISTRATION 1. A registration shall be valid only if made in conformity with Article 20. 2. A registration, if valid, shall be complete upon entry of the required information into the International Registry data base so as to be searchable. 3. A registration shall be searchable for the purposes of the preceding paragraph at the time when: (a) the International Registry has assigned to it a sequentially ordered file number; and (b) the registration information, including the file number, is stored in durable form and may be accessed at the International Registry. 4. If an interest first registered as a prospective international interest becomes an international interest, that international interest shall be treated as registered from the time of registration of the prospective international interest provided that the registration was still current immediately before the international interest was constituted as provided by Article 7. 5. The preceding paragraph applies with necessary modifications to the registration of a prospective assignment of an international interest. 6. A registration shall be searchable in the International Registry data base according to the criteria prescribed by the Protocol. C. 3 International Interests in Mobile Equipm ARTICLE 20 CONSENT TO REGISTRATION 1. An international interest, a prospective international interest or an assignment or prospective assignment of an international interest may be registered, and any such registration amended or extended prior to its expiry, by either party with the consent in writing of the other. 2. The subordination of an international interest to another international interest may be registered by or with the consent in writing at any time of the person whose interest has been subordinated. 3. A registration may be discharged by or with the consent in writing of the party in whose favour it was made. 4. The acquisition of an international interest by legal or contractual subrogation may be registered by the subrogee. 5. A registrable non-consensual right or interest may be registered by the holder thereof. 6. A notice of a national interest may be registered by the holder thereof. ARTICLE 21 DURATION OF REGISTRATION Registration of an international interest remains effective until discharged or until expiry of the period specified in the registration. ARTICLE 22 SEARCHES 1. Any person may, in the manner prescribed by the Protocol and regulations, make or request a search of the International Registry by electronic means concerning interests or prospective international interests registered therein. 2. Upon receipt of a request therefor, the Registrar, in the manner prescribed by the Protocol and regulations, shall issue a registry search certificate by electronic means with respect to any object: (a) stating all registered information relating thereto, together with a statement indicating the date and time of registration of such information; or (b) stating that there is no information in the International Registry relating thereto. 2004-2005 Garanties internationales portant sur des m 3. A search certificate issued under the preceding paragraph shall indicate that the creditor named in the registration information has acquired or intends to acquire an international interest in the object but shall not indicate whether what is registered is an international interest or a prospective international interest, even if this is ascertainable from the relevant registration information. ARTICLE 23 LIST OF DECLARATIONS AND DECLARED NONCONSENSUAL RIGHTS OR INTERESTS The Registrar shall maintain a list of declarations, withdrawals of declaration and of the categories of nonconsensual right or interest communicated to the Registrar by the Depositary as having been declared by Contracting States in conformity with Articles 39 and 40 and the date of each such declaration or withdrawal of declaration. Such list shall be recorded and searchable in the name of the declaring State and shall be made available as provided in the Protocol and regulations to any person requesting it. ARTICLE 24 EVIDENTIARY VALUE OF CERTIFICATES A document in the form prescribed by the regulations which purports to be a certificate issued by the International Registry is prima facie proof: (a) that it has been so issued; and (b) of the facts recited in it, including the date and time of a registration. ARTICLE 25 DISCHARGE OF REGISTRATION 1. Where the obligations secured by a registered security interest or the obligations giving rise to a registered nonconsensual right or interest have been discharged, or where the conditions of transfer of title under a registered title reservation agreement have been fulfilled, the holder of such interest shall, without undue delay, procure the discharge of the registration after written demand by the debtor delivered to or received at its address stated in the registration. 2. Where a prospective international interest or a prospective assignment of an international interest has been registered, the intending creditor or intending assignee shall, without undue delay, procure the discharge of the registration C. 3 International Interests in Mobile Equipm after written demand by the intending debtor or assignor which is delivered to or received at its address stated in the registration before the intending creditor or assignee has given value or incurred a commitment to give value. 3. Where the obligations secured by a national interest specified in a registered notice of a national interest have been discharged, the holder of such interest shall, without undue delay, procure the discharge of the registration after written demand by the debtor delivered to or received at its address stated in the registration. 4. Where a registration ought not to have been made or is incorrect, the person in whose favour the registration was made shall, without undue delay, procure its discharge or amendment after written demand by the debtor delivered to or received at its address stated in the registration. ARTICLE 26 ACCESS TO THE INTERNATIONAL REGISTRATION FACILITIES No person shall be denied access to the registration and search facilities of the International Registry on any ground other than its failure to comply with the procedures prescribed by this Chapter. CHAPTER VI PRIVILEGES AND IMMUNITIES OF THE SUPERVISORY AUTHORITY AND THE REGISTRAR ARTICLE 27 LEGAL PERSONALITY; IMMUNITY 1. The Supervisory Authority shall have international legal personality where not already possessing such personality. 2. The Supervisory Authority and its officers and employees shall enjoy such immunity from legal or administrative process as is specified in the Protocol. 3. (a) The Supervisory Authority shall enjoy exemption from taxes and such other privileges as may be provided by agreement with the host State. (b) For the purposes of this paragraph, “host State” means the State in which the Supervisory Authority is situated. 4. The assets, documents, data bases and archives of the International Registry shall be inviolable and immune from seizure or other legal or administrative process. 2004-2005 Garanties internationales portant sur des m 5. For the purposes of any claim against the Registrar under Article 28(1) or Article 44, the claimant shall be entitled to access to such information and documents as are necessary to enable the claimant to pursue its claim. 6. The Supervisory Authority may waive the inviolability and immunity conferred by paragraph 4. CHAPTER VII LIABILITY OF THE REGISTRAR ARTICLE 28 LIABILITY AND FINANCIAL ASSURANCES 1. The Registrar shall be liable for compensatory damages for loss suffered by a person directly resulting from an error or omission of the Registrar and its officers and employees or from a malfunction of the international registration system except where the malfunction is caused by an event of an inevitable and irresistible nature, which could not be prevented by using the best practices in current use in the field of electronic registry design and operation, including those related to back-up and systems security and networking. 2. The Registrar shall not be liable under the preceding paragraph for factual inaccuracy of registration information received by the Registrar or transmitted by the Registrar in the form in which it received that information nor for acts or circumstances for which the Registrar and its officers and employees are not responsible and arising prior to receipt of registration information at the International Registry. 3. Compensation under paragraph 1 may be reduced to the extent that the person who suffered the damage caused or contributed to that damage. 4. The Registrar shall procure insurance or a financial guarantee covering the liability referred to in this Article to the extent determined by the Supervisory Authority, in accordance with the Protocol. C. 3 International Interests in Mobile Equipm CHAPTER VIII EFFECTS OF AN INTERNATIONAL INTEREST AS AGAINST THIRD PARTIES ARTICLE 29 PRIORITY OF COMPETING INTERESTS 1. A registered interest has priority over any other interest subsequently registered and over an unregistered interest. 2. The priority of the first-mentioned interest under the preceding paragraph applies: (a) even if the first-mentioned interest was acquired or registered with actual knowledge of the other interest; and (b) even as regards value given by the holder of the firstmentioned interest with such knowledge. 3. The buyer of an object acquires its interest in it: (a) subject to an interest registered at the time of its acquisition of that interest; and (b) free from an unregistered interest even if it has actual knowledge of such an interest. 4. The conditional buyer or lessee acquires its interest in or right over that object: (a) subject to an interest registered prior to the registration of the international interest held by its conditional seller or lessor; and (b) free from an interest not so registered at that time even if it has actual knowledge of that interest. 5. The priority of competing interests or rights under this Article may be varied by agreement between the holders of those interests, but an assignee of a subordinated interest is not bound by an agreement to subordinate that interest unless at the time of the assignment a subordination had been registered relating to that agreement. 6. Any priority given by this Article to an interest in an object extends to proceeds. 7. This Convention: (a) does not affect the rights of a person in an item, other than an object, held prior to its installation on an object if under the applicable law those rights continue to exist after the installation; and 2004-2005 Garanties internationales portant sur des m (b) does not prevent the creation of rights in an item, other than an object, which has previously been installed on an object where under the applicable law those rights are created. ARTICLE 30 EFFECTS OF INSOLVENCY 1. In insolvency proceedings against the debtor an international interest is effective if prior to the commencement of the insolvency proceedings that interest was registered in conformity with this Convention. 2. Nothing in this Article impairs the effectiveness of an international interest in the insolvency proceedings where that interest is effective under the applicable law. 3. Nothing in this Article affects: (a) any rules of law applicable in insolvency proceedings relating to the avoidance of a transaction as a preference or a transfer in fraud of creditors; or (b) any rules of procedure relating to the enforcement of rights to property which is under the control or supervision of the insolvency administrator. CHAPTER IX ASSIGNMENTS OF ASSOCIATED RIGHTS AND INTERNATIONAL INTERESTS; RIGHTS OF SUBROGATION ARTICLE 31 EFFECTS OF ASSIGNMENT 1. Except as otherwise agreed by the parties, an assignment of associated rights made in conformity with Article 32 also transfers to the assignee: (a) the related international interest; and (b) all the interests and priorities of the assignor under this Convention. 2. Nothing in this Convention prevents a partial assignment of the assignor’s associated rights. In the case of such a partial assignment the assignor and assignee may agree as to their respective rights concerning the related international interest assigned under the preceding paragraph but not so as adversely to affect the debtor without its consent. C. 3 International Interests in Mobile Equipm 3. Subject to paragraph 4, the applicable law shall determine the defences and rights of set-off available to the debtor against the assignee. 4. The debtor may at any time by agreement in writing waive all or any of the defences and rights of set-off referred to in the preceding paragraph other than defences arising from fraudulent acts on the part of the assignee. 5. In the case of an assignment by way of security, the assigned associated rights revest in the assignor, to the extent that they are still subsisting, when the obligations secured by the assignment have been discharged. ARTICLE 32 FORMAL REQUIREMENTS OF ASSIGNMENT 1. An assignment of associated rights transfers the related international interest only if it: (a) is in writing; (b) enables the associated rights to be identified under the contract from which they arise; and (c) in the case of an assignment by way of security, enables the obligations secured by the assignment to be determined in accordance with the Protocol but without the need to state a sum or maximum sum secured. 2. An assignment of an international interest created or provided for by a security agreement is not valid unless some or all related associated rights also are assigned. 3. This Convention does not apply to an assignment of associated rights which is not effective to transfer the related international interest. ARTICLE 33 DEBTOR’S DUTY TO ASSIGNEE 1. To the extent that associated rights and the related international interest have been transferred in accordance with Articles 31 and 32, the debtor in relation to those rights and that interest is bound by the assignment and has a duty to make payment or give other performance to the assignee, if but only if: (a) the debtor has been given notice of the assignment in writing by or with the authority of the assignor; and (b) the notice identifies the associated rights. 2004-2005 Garanties internationales portant sur des m 2. Irrespective of any other ground on which payment or performance by the debtor discharges the latter from liability, payment or performance shall be effective for this purpose if made in accordance with the preceding paragraph. 3. Nothing in this Article shall affect the priority of competing assignments. ARTICLE 34 DEFAULT REMEDIES IN RESPECT OF ASSIGNMENT BY WAY OF SECURITY In the event of default by the assignor under the assignment of associated rights and the related international interest made by way of security, Articles 8, 9 and 11 to 14 apply in the relations between the assignor and the assignee (and, in relation to associated rights, apply in so far as those provisions are capable of application to intangible property) as if references: (a) to the secured obligation and the security interest were references to the obligation secured by the assignment of the associated rights and the related international interest and the security interest created by that assignment; (b) to the chargee or creditor and chargor or debtor were references to the assignee and assignor; (c) to the holder of the international interest were references to the assignee; and (d) to the object were references to the assigned associated rights and the related international interest. ARTICLE 35 PRIORITY OF COMPETING ASSIGNMENTS 1. Where there are competing assignments of associated rights and at least one of the assignments includes the related international interest and is registered, the provisions of Article 29 apply as if the references to a registered interest were references to an assignment of the associated rights and the related registered interest and as if references to a registered or unregistered interest were references to a registered or unregistered assignment. 2. Article 30 applies to an assignment of associated rights as if the references to an international interest were references to an assignment of the associated rights and the related international interest. C. 3 International Interests in Mobile Equipm ARTICLE 36 ASSIGNEE’S PRIORITY WITH RESPECT TO ASSOCIATED RIGHTS 1. The assignee of associated rights and the related international interest whose assignment has been registered only has priority under Article 35(1) over another assignee of the associated rights: (a) if the contract under which the associated rights arise states that they are secured by or associated with the object; and (b) to the extent that the associated rights are related to an object. 2. For the purposes of sub-paragraph (b) of the preceding paragraph, associated rights are related to an object only to the extent that they consist of rights to payment or performance that relate to: (a) a sum advanced and utilised for the purchase of the object; (b) a sum advanced and utilised for the purchase of another object in which the assignor held another international interest if the assignor transferred that interest to the assignee and the assignment has been registered; (c) the price payable for the object; (d) the rentals payable in respect of the object; or (e) other obligations arising from a transaction referred to in any of the preceding sub-paragraphs. 3. In all other cases, the priority of the competing assignments of the associated rights shall be determined by the applicable law. ARTICLE 37 EFFECTS OF ASSIGNOR’S INSOLVENCY The provisions of Article 30 apply to insolvency proceedings against the assignor as if references to the debtor were references to the assignor. ARTICLE 38 SUBROGATION 1. Subject to paragraph 2, nothing in this Convention affects the acquisition of associated rights and the related international interest by legal or contractual subrogation under the applicable law. 2004-2005 Garanties internationales portant sur des m 2. The priority between any interest within the preceding paragraph and a competing interest may be varied by agreement in writing between the holders of the respective interests but an assignee of a subordinated interest is not bound by an agreement to subordinate that interest unless at the time of the assignment a subordination had been registered relating to that agreement. CHAPTER X RIGHTS OR INTERESTS SUBJECT TO DECLARATIONS BY CONTRACTING STATES ARTICLE 39 RIGHTS HAVING PRIORITY WITHOUT REGISTRATION 1. A Contracting State may at any time, in a declaration deposited with the Depositary of the Protocol declare, generally or specifically: (a) those categories of non-consensual right or interest (other than a right or interest to which Article 40 applies) which under that State’s law have priority over an interest in an object equivalent to that of the holder of a registered international interest and which shall have priority over a registered international interest, whether in or outside insolvency proceedings; and (b) that nothing in this Convention shall affect the right of a State or State entity, intergovernmental organisation or other private provider of public services to arrest or detain an object under the laws of that State for payment of amounts owed to such entity, organisation or provider directly relating to those services in respect of that object or another object. 2. A declaration made under the preceding paragraph may be expressed to cover categories that are created after the deposit of that declaration. 3. A non-consensual right or interest has priority over an international interest if and only if the former is of a category covered by a declaration deposited prior to the registration of the international interest. 4. Notwithstanding the preceding paragraph, a Contracting State may, at the time of ratification, acceptance, approval of, or accession to the Protocol, declare that a right or interest of a category covered by a declaration made under subparagraph (a) of paragraph 1 shall have priority over an international interest registered prior to the date of such ratification, acceptance, approval or accession. C. 3 International Interests in Mobile Equipm ARTICLE 40 REGISTRABLE NON-CONSENSUAL RIGHTS OR INTERESTS A Contracting State may at any time in a declaration deposited with the Depositary of the Protocol list the categories of non-consensual right or interest which shall be registrable under this Convention as regards any category of object as if the right or interest were an international interest and shall be regulated accordingly. Such a declaration may be modified from time to time. CHAPTER XI APPLICATION OF THE CONVENTION TO SALES ARTICLE 41 SALE AND PROSPECTIVE SALE This Convention shall apply to the sale or prospective sale of an object as provided for in the Protocol with any modifications therein. CHAPTER XII JURISDICTION ARTICLE 42 CHOICE OF FORUM 1. Subject to Articles 43 and 44, the courts of a Contracting State chosen by the parties to a transaction have jurisdiction in respect of any claim brought under this Convention, whether or not the chosen forum has a connection with the parties or the transaction. Such jurisdiction shall be exclusive unless otherwise agreed between the parties. 2. Any such agreement shall be in writing or otherwise concluded in accordance with the formal requirements of the law of the chosen forum. ARTICLE 43 JURISDICTION UNDER ARTICLE 13 1. The courts of a Contracting State chosen by the parties and the courts of the Contracting State on the territory of which the object is situated have jurisdiction to grant relief under Article 13(1)(a), (b), (c) and Article 13(4) in respect of that object. 2004-2005 Garanties internationales portant sur des m 2. Jurisdiction to grant relief under Article 13(1)(d) or other interim relief by virtue of Article 13(4) may be exercised either: (a) by the courts chosen by the parties; or (b) by the courts of a Contracting State on the territory of which the debtor is situated, being relief which, by the terms of the order granting it, is enforceable only in the territory of that Contracting State. 3. A court has jurisdiction under the preceding paragraphs even if the final determination of the claim referred to in Article 13(1) will or may take place in a court of another Contracting State or by arbitration. ARTICLE 44 JURISDICTION TO MAKE ORDERS AGAINST THE REGISTRAR 1. The courts of the place in which the Registrar has its centre of administration shall have exclusive jurisdiction to award damages or make orders against the Registrar. 2. Where a person fails to respond to a demand made under Article 25 and that person has ceased to exist or cannot be found for the purpose of enabling an order to be made against it requiring it to procure discharge of the registration, the courts referred to in the preceding paragraph shall have exclusive jurisdiction, on the application of the debtor or intending debtor, to make an order directed to the Registrar requiring the Registrar to discharge the registration. 3. Where a person fails to comply with an order of a court having jurisdiction under this Convention or, in the case of a national interest, an order of a court of competent jurisdiction requiring that person to procure the amendment or discharge of a registration, the courts referred to in paragraph 1 may direct the Registrar to take such steps as will give effect to that order. 4. Except as otherwise provided by the preceding paragraphs, no court may make orders or give judgments or rulings against or purporting to bind the Registrar. ARTICLE 45 JURISDICTION IN RESPECT OF INSOLVENCY PROCEEDINGS The provisions of this Chapter are not applicable to insolvency proceedings. C. 3 International Interests in Mobile Equipm CHAPTER XIII RELATIONSHIP WITH OTHER CONVENTIONS ARTICLE 45 BIS RELATIONSHIP WITH THE UNITED NATIONS CONVENTION ON THE ASSIGNMENT OF RECEIVABLES IN INTERNATIONAL TRADE This Convention shall prevail over the United Nations Convention on the Assignment of Receivables in International Trade, opened for signature in New York on 12 December 2001, as it relates to the assignment of receivables which are associated rights related to international interests in aircraft objects, railway rolling stock and space assets. ARTICLE 46 RELATIONSHIP WITH THE UNIDROIT CONVENTION ON INTERNATIONAL FINANCIAL LEASING The Protocol may determine the relationship between this Convention and the UNIDROIT Convention on International Financial Leasing, signed at Ottawa on 28 May 1988. CHAPTER XIV FINAL PROVISIONS ARTICLE 47 SIGNATURE, RATIFICATION, ACCEPTANCE, APPROVAL OR ACCESSION 1. This Convention shall be open for signature in Cape Town on 16 November 2001 by States participating in the Diplomatic Conference to Adopt a Mobile Equipment Convention and an Aircraft Protocol held at Cape Town from 29 October to 16 November 2001. After 16 November 2001, the Convention shall be open to all States for signature at the Headquarters of the International Institute for the Unification of Private Law (UNIDROIT) in Rome until it enters into force in accordance with Article 49. 2. This Convention shall be subject to ratification, acceptance or approval by States which have signed it. 3. Any State which does not sign this Convention may accede to it at any time. 4. Ratification, acceptance, approval or accession is effected by the deposit of a formal instrument to that effect with the Depositary. 2004-2005 Garanties internationales portant sur des m ARTICLE 48 REGIONAL ECONOMIC INTEGRATION ORGANISATIONS 1. A Regional Economic Integration Organisation which is constituted by sovereign States and has competence over certain matters governed by this Convention may similarly sign, accept, approve or accede to this Convention. The Regional Economic Integration Organisation shall in that case have the rights and obligations of a Contracting State, to the extent that that Organisation has competence over matters governed by this Convention. Where the number of Contracting States is relevant in this Convention, the Regional Economic Integration Organisation shall not count as a Contracting State in addition to its Member States which are Contracting States. 2. The Regional Economic Integration Organisation shall, at the time of signature, acceptance, approval or accession, make a declaration to the Depositary specifying the matters governed by this Convention in respect of which competence has been transferred to that Organisation by its Member States. The Regional Economic Integration Organisation shall promptly notify the Depositary of any changes to the distribution of competence, including new transfers of competence, specified in the declaration under this paragraph. 3. Any reference to a “Contracting State” or “Contracting States” or “State Party” or “States Parties” in this Convention applies equally to a Regional Economic Integration Organisation where the context so requires. ARTICLE 49 ENTRY INTO FORCE 1. This Convention enters into force on the first day of the month following the expiration of three months after the date of the deposit of the third instrument of ratification, acceptance, approval or accession but only as regards a category of objects to which a Protocol applies: (a) as from the time of entry into force of that Protocol; (b) subject to the terms of that Protocol; and (c) as between States Parties to this Convention and that Protocol. C. 3 International Interests in Mobile Equipm 2. For other States this Convention enters into force on the first day of the month following the expiration of three months after the date of the deposit of their instrument of ratification, acceptance, approval or accession but only as regards a category of objects to which a Protocol applies and subject, in relation to such Protocol, to the requirements of sub-paragraphs (a), (b) and (c) of the preceding paragraph. ARTICLE 50 INTERNAL TRANSACTIONS 1. A Contracting State may, at the time of ratification, acceptance, approval of, or accession to the Protocol, declare that this Convention shall not apply to a transaction which is an internal transaction in relation to that State with regard to all types of objects or some of them. 2. Notwithstanding the preceding paragraph, the provisions of Articles 8(4), 9(1), 16, Chapter V, Article 29, and any provisions of this Convention relating to registered interests shall apply to an internal transaction. 3. Where notice of a national interest has been registered in the International Registry, the priority of the holder of that interest under Article 29 shall not be affected by the fact that such interest has become vested in another person by assignment or subrogation under the applicable law. ARTICLE 51 FUTURE PROTOCOLS 1. The Depositary may create working groups, in cooperation with such relevant non-governmental organisations as the Depositary considers appropriate, to assess the feasibility of extending the application of this Convention, through one or more Protocols, to objects of any category of high-value mobile equipment, other than a category referred to in Article 2(3), each member of which is uniquely identifiable, and associated rights relating to such objects. 2. The Depositary shall communicate the text of any preliminary draft Protocol relating to a category of objects prepared by such a working group to all States Parties to this Convention, all member States of the Depositary, member States of the United Nations which are not members of the Depositary and the relevant intergovernmental organisations, and shall invite such States and organisations to participate in intergovernmental negotiations for the completion of a draft Protocol on the basis of such a preliminary draft Protocol. 2004-2005 Garanties internationales portant sur des m 3. The Depositary shall also communicate the text of any preliminary draft Protocol prepared by such a working group to such relevant non-governmental organisations as the Depositary considers appropriate. Such non-governmental organisations shall be invited promptly to submit comments on the text of the preliminary draft Protocol to the Depositary and to participate as observers in the preparation of a draft Protocol. 4. When the competent bodies of the Depositary adjudge such a draft Protocol ripe for adoption, the Depositary shall convene a diplomatic conference for its adoption. 5. Once such a Protocol has been adopted, subject to paragraph 6, this Convention shall apply to the category of objects covered thereby. 6. Article 45 bis of this Convention applies to such a Protocol only if specifically provided for in that Protocol. ARTICLE 52 TERRITORIAL UNITS 1. If a Contracting State has territorial units in which different systems of law are applicable in relation to the matters dealt with in this Convention, it may, at the time of ratification, acceptance, approval or accession, declare that this Convention is to extend to all its territorial units or only to one or more of them and may modify its declaration by submitting another declaration at any time. 2. Any such declaration shall state expressly the territorial units to which this Convention applies. 3. If a Contracting State has not made any declaration under paragraph 1, this Convention shall apply to all territorial units of that State. 4. Where a Contracting State extends this Convention to one or more of its territorial units, declarations permitted under this Convention may be made in respect of each such territorial unit, and the declarations made in respect of one territorial unit may be different from those made in respect of another territorial unit. C. 3 International Interests in Mobile Equipm 5. If by virtue of a declaration under paragraph 1, this Convention extends to one or more territorial units of a Contracting State: (a) the debtor is considered to be situated in a Contracting State only if it is incorporated or formed under a law in force in a territorial unit to which this Convention applies or if it has its registered office or statutory seat, centre of administration, place of business or habitual residence in a territorial unit to which this Convention applies; (b) any reference to the location of the object in a Contracting State refers to the location of the object in a territorial unit to which this Convention applies; and (c) any reference to the administrative authorities in that Contracting State shall be construed as referring to the administrative authorities having jurisdiction in a territorial unit to which this Convention applies. ARTICLE 53 DETERMINATION OF COURTS A Contracting State may, at the time of ratification, acceptance, approval of, or accession to the Protocol, declare the relevant “court” or “courts” for the purposes of Article 1 and Chapter XII of this Convention. ARTICLE 54 DECLARATIONS REGARDING REMEDIES 1. A Contracting State may, at the time of ratification, acceptance, approval of, or accession to the Protocol, declare that while the charged object is situated within, or controlled from its territory the chargee shall not grant a lease of the object in that territory. 2. A Contracting State shall, at the time of ratification, acceptance, approval of, or accession to the Protocol, declare whether or not any remedy available to the creditor under any provision of this Convention which is not there expressed to require application to the court may be exercised only with leave of the court. 2004-2005 Garanties internationales portant sur des m ARTICLE 55 DECLARATIONS REGARDING RELIEF PENDING FINAL DETERMINATION A Contracting State may, at the time of ratification, acceptance, approval of, or accession to the Protocol, declare that it will not apply the provisions of Article 13 or Article 43, or both, wholly or in part. The declaration shall specify under which conditions the relevant Article will be applied, in case it will be applied partly, or otherwise which other forms of interim relief will be applied. ARTICLE 56 RESERVATIONS AND DECLARATIONS 1. No reservations may be made to this Convention but declarations authorised by Articles 39, 40, 50, 52, 53, 54, 55, 57, 58 and 60 may be made in accordance with these provisions. 2. Any declaration or subsequent declaration or any withdrawal of a declaration made under this Convention shall be notified in writing to the Depositary. ARTICLE 57 SUBSEQUENT DECLARATIONS 1. A State Party may make a subsequent declaration, other than a declaration authorised under Article 60, at any time after the date on which this Convention has entered into force for it, by notifying the Depositary to that effect. 2. Any such subsequent declaration shall take effect on the first day of the month following the expiration of six months after the date of receipt of the notification by the Depositary. Where a longer period for that declaration to take effect is specified in the notification, it shall take effect upon the expiration of such longer period after receipt of the notification by the Depositary. 3. Notwithstanding the previous paragraphs, this Convention shall continue to apply, as if no such subsequent declarations had been made, in respect of all rights and interests arising prior to the effective date of any such subsequent declaration. C. 3 International Interests in Mobile Equipm ARTICLE 58 WITHDRAWAL OF DECLARATIONS 1. Any State Party having made a declaration under this Convention, other than a declaration authorised under Article 60, may withdraw it at any time by notifying the Depositary. Such withdrawal is to take effect on the first day of the month following the expiration of six months after the date of receipt of the notification by the Depositary. 2. Notwithstanding the previous paragraph, this Convention shall continue to apply, as if no such withdrawal of declaration had been made, in respect of all rights and interests arising prior to the effective date of any such withdrawal. ARTICLE 59 DENUNCIATIONS 1. Any State Party may denounce this Convention by notification in writing to the Depositary. 2. Any such denunciation shall take effect on the first day of the month following the expiration of twelve months after the date on which notification is received by the Depositary. 3. Notwithstanding the previous paragraphs, this Convention shall continue to apply, as if no such denunciation had been made, in respect of all rights and interests arising prior to the effective date of any such denunciation. ARTICLE 60 TRANSITIONAL PROVISIONS 1. Unless otherwise declared by a Contracting State at any time, the Convention does not apply to a pre-existing right or interest, which retains the priority it enjoyed under the applicable law before the effective date of this Convention. 2. For the purposes of Article 1(v) and of determining priority under this Convention: (a) “effective date of this Convention” means in relation to a debtor the time when this Convention enters into force or the time when the State in which the debtor is situated becomes a Contracting State, whichever is the later; and 2004-2005 Garanties internationales portant sur des m (b) the debtor is situated in a State where it has its centre of administration or, if it has no centre of administration, its place of business or, if it has more than one place of business, its principal place of business or, if it has no place of business, its habitual residence. 3. A Contracting State may in its declaration under paragraph 1 specify a date, not earlier than three years after the date on which the declaration becomes effective, when this Convention and the Protocol will become applicable, for the purpose of determining priority, including the protection of any existing priority, to pre-existing rights or interests arising under an agreement made at a time when the debtor was situated in a State referred to in sub-paragraph (b) of the preceding paragraph but only to the extent and in the manner specified in its declaration. ARTICLE 61 REVIEW CONFERENCES, AMENDMENTS AND RELATED MATTERS 1. The Depositary shall prepare reports yearly or at such other time as the circumstances may require for the States Parties as to the manner in which the international regimen established in this Convention has operated in practice. In preparing such reports, the Depositary shall take into account the reports of the Supervisory Authority concerning the functioning of the international registration system. 2. At the request of not less than twenty-five per cent of the States Parties, Review Conferences of States Parties shall be convened from time to time by the Depositary, in consultation with the Supervisory Authority, to consider: (a) the practical operation of this Convention and its effectiveness in facilitating the asset-based financing and leasing of the objects covered by its terms; (b) the judicial interpretation given to, and the application made of the terms of this Convention and the regulations; (c) the functioning of the international registration system, the performance of the Registrar and its oversight by the Supervisory Authority, taking into account the reports of the Supervisory Authority; and (d) whether any modifications to this Convention or the arrangements relating to the International Registry are desirable. 3. Subject to paragraph 4, any amendment to this Convention shall be approved by at least a two-thirds majority of States Parties participating in the Conference C. 3 International Interests in Mobile Equipm referred to in the preceding paragraph and shall then enter into force in respect of States which have ratified, accepted or approved such amendment when ratified, accepted, or approved by three States in accordance with the provisions of Article 49 relating to its entry into force. 4. Where the proposed amendment to this Convention is intended to apply to more than one category of equipment, such amendment shall also be approved by at least a twothirds majority of States Parties to each Protocol that are participating in the Conference referred to in paragraph 2. ARTICLE 62 DEPOSITARY AND ITS FUNCTIONS 1. Instruments of ratification, acceptance, approval or accession shall be deposited with the International Institute for the Unification of Private Law (UNIDROIT), which is hereby designated the Depositary. 2. The Depositary shall: (a) inform all Contracting States of: (i) each new signature or deposit of an instrument of ratification, acceptance, approval or accession, together with the date thereof; (ii) the date of entry into force of this Convention; (iii) each declaration made in accordance with this Convention, together with the date thereof; (iv) the withdrawal or amendment of any declaration, together with the date thereof; and (v) the notification of any denunciation of this Convention together with the date thereof and the date on which it takes effect; (b) transmit certified true copies of this Convention to all Contracting States; (c) provide the Supervisory Authority and the Registrar with a copy of each instrument of ratification, acceptance, approval or accession, together with the date of deposit thereof, of each declaration or withdrawal or amendment of a declaration and of each notification of denunciation, together with the date of notification thereof, so that the information contained therein is easily and fully available; and (d) perform such other functions customary for depositaries. 2004-2005 Garanties internationales portant sur des m IN WITNESS WHEREOF the undersigned Plenipotentiaries, having been duly authorised, have signed this Convention. DONE at Cape Town, this sixteenth day of November, two thousand and one, in a single original in the English, Arabic, Chinese, French, Russian and Spanish languages, all texts being equally authentic, such authenticity to take effect upon verification by the Joint Secretariat of the Conference under the authority of the President of the Conference within ninety days hereof as to the conformity of the texts with one another. C. 3 International Interests in Mobile Equipm SCHEDULE 2 (Subsection 2(1)) PROTOCOL TO THE CONVENTION ON INTERNATIONAL INTERESTS IN MOBILE EQUIPMENT ON MATTERS SPECIFIC TO AIRCRAFT EQUIPMENT THE STATES PARTIES TO THIS PROTOCOL, CONSIDERING it necessary to implement the Convention on International Interests in Mobile Equipment (hereinafter referred to as “the Convention”) as it relates to aircraft equipment, in the light of the purposes set out in the preamble to the Convention, MINDFUL of the need to adapt the Convention to meet the particular requirements of aircraft finance and to extend the sphere of application of the Convention to include contracts of sale of aircraft equipment, MINDFUL of the principles and objectives of the Convention on International Civil Aviation, signed at Chicago on 7 December 1944, HAVE AGREED upon the following provisions relating to aircraft equipment: CHAPTER I SPHERE OF APPLICATION AND GENERAL PROVISIONS ARTICLE I DEFINED TERMS 1. In this Protocol, except where the context otherwise requires, terms used in it have the meanings set out in the Convention. 2. In this Protocol the following terms are employed with the meanings set out below: (a) “aircraft” means aircraft as defined for the purposes of the Chicago Convention which are either airframes with aircraft engines installed thereon or helicopters; (b) “aircraft engines” means aircraft engines (other than those used in military, customs or police services) powered by jet propulsion or turbine or piston technology and: (i) in the case of jet propulsion aircraft engines, have at least 1750 lb of thrust or its equivalent; and 2004-2005 Garanties internationales portant sur des m (ii) in the case of turbine-powered or piston-powered aircraft engines, have at least 550 rated take-off shaft horsepower or its equivalent, together with all modules and other installed, incorporated or attached accessories, parts and equipment and all data, manuals and records relating thereto; (c) “aircraft objects” means airframes, aircraft engines and helicopters; (d) “aircraft register” means a register maintained by a State or a common mark registering authority for the purposes of the Chicago Convention; (e) “airframes” means airframes (other than those used in military, customs or police services) that, when appropriate aircraft engines are installed thereon, are type certified by the competent aviation authority to transport: (i) at least eight (8) persons including crew; or (ii) goods in excess of 2750 kilograms, together with all installed, incorporated or attached accessories, parts and equipment (other than aircraft engines), and all data, manuals and records relating thereto; (f) “authorised party” means the party referred to in Article XIII(3); (g) “Chicago Convention” means the Convention on International Civil Aviation, signed at Chicago on 7 December 1944, as amended, and its Annexes; (h) “common mark registering authority” means the authority maintaining a register in accordance with Article 77 of the Chicago Convention as implemented by the Resolution adopted on 14 December 1967 by the Council of the International Civil Aviation Organization on nationality and registration of aircraft operated by international operating agencies; (i) “de-registration of the aircraft” means deletion or removal of the registration of the aircraft from its aircraft register in accordance with the Chicago Convention; (j) “guarantee contract” means a contract entered into by a person as guarantor; (k) “guarantor” means a person who, for the purpose of assuring performance of any obligations in favour of a creditor secured by a security agreement or under an agreement, gives or issues a suretyship or demand guarantee or a standby letter of credit or any other form of credit insurance; C. 3 International Interests in Mobile Equipm (l) “helicopters” means heavier-than-air machines (other than those used in military, customs or police services) supported in flight chiefly by the reactions of the air on one or more power-driven rotors on substantially vertical axes and which are type certified by the competent aviation authority to transport: (i) at least five (5) persons including crew; or (ii) goods in excess of 450 kilograms, together with all installed, incorporated or attached accessories, parts and equipment (including rotors), and all data, manuals and records relating thereto; (m) “insolvency-related event” means: (i) the commencement of the insolvency proceedings; or (ii) the declared intention to suspend or actual suspension of payments by the debtor where the creditor’s right to institute insolvency proceedings against the debtor or to exercise remedies under the Convention is prevented or suspended by law or State action; (n) “primary insolvency jurisdiction” means the Contracting State in which the centre of the debtor’s main interests is situated, which for this purpose shall be deemed to be the place of the debtor’s statutory seat or, if there is none, the place where the debtor is incorporated or formed, unless proved otherwise; (o) “registry authority” means the national authority or the common mark registering authority, maintaining an aircraft register in a Contracting State and responsible for the registration and de-registration of an aircraft in accordance with the Chicago Convention; and (p) “State of registry” means, in respect of an aircraft, the State on the national register of which an aircraft is entered or the State of location of the common mark registering authority maintaining the aircraft register. 2004-2005 Garanties internationales portant sur des m ARTICLE II APPLICATION OF CONVENTION AS REGARDS AIRCRAFT OBJECTS 1. The Convention shall apply in relation to aircraft objects as provided by the terms of this Protocol. 2. The Convention and this Protocol shall be known as the Convention on International Interests in Mobile Equipment as applied to aircraft objects. ARTICLE III APPLICATION OF CONVENTION TO SALES The following provisions of the Convention apply as if references to an agreement creating or providing for an international interest were references to a contract of sale and as if references to an international interest, a prospective international interest, the debtor and the creditor were references to a sale, a prospective sale, the seller and the buyer respectively: Articles 3 and 4; Article 16(1)(a); Article 19(4); Article 20(1) (as regards registration of a contract of sale or a prospective sale); Article 25(2) (as regards a prospective sale); and Article 30. In addition, the general provisions of Article 1, Article 5, Chapters IV to VII, Article 29 (other than Article 29(3) which is replaced by Article XIV(1) and (2)), Chapter X, Chapter XII (other than Article 43), Chapter XIII and Chapter XIV (other than Article 60) shall apply to contracts of sale and prospective sales. C. 3 International Interests in Mobile Equipm ARTICLE IV SPHERE OF APPLICATION 1. Without prejudice to Article 3(1) of the Convention, the Convention shall also apply in relation to a helicopter, or to an airframe pertaining to an aircraft, registered in an aircraft register of a Contracting State which is the State of registry, and where such registration is made pursuant to an agreement for registration of the aircraft it is deemed to have been effected at the time of the agreement. 2. For the purposes of the definition of “internal transaction” in Article 1 of the Convention: (a) an airframe is located in the State of registry of the aircraft of which it is a part; (b) an aircraft engine is located in the State of registry of the aircraft on which it is installed or, if it is not installed on an aircraft, where it is physically located; and (c) a helicopter is located in its State of registry, at the time of the conclusion of the agreement creating or providing for the interest. 3. The parties may, by agreement in writing, exclude the application of Article XI and, in their relations with each other, derogate from or vary the effect of any of the provisions of this Protocol except Article IX (2)-(4). ARTICLE V FORMALITIES, EFFECTS AND REGISTRATION OF CONTRACTS OF SALE 1. For the purposes of this Protocol, a contract of sale is one which: (a) is in writing; (b) relates to an aircraft object of which the seller has power to dispose; and (c) enables the aircraft object to be identified in conformity with this Protocol. 2. A contract of sale transfers the interest of the seller in the aircraft object to the buyer according to its terms. 3. Registration of a contract of sale remains effective indefinitely. Registration of a prospective sale remains effective unless discharged or until expiry of the period, if any, specified in the registration. 2004-2005 Garanties internationales portant sur des m ARTICLE VI REPRESENTATIVE CAPACITIES A person may enter into an agreement or a sale, and register an international interest in, or a sale of, an aircraft object, in an agency, trust or other representative capacity. In such case, that person is entitled to assert rights and interests under the Convention. ARTICLE VII DESCRIPTION OF AIRCRAFT OBJECTS A description of an aircraft object that contains its manufacturer’s serial number, the name of the manufacturer and its model designation is necessary and sufficient to identify the object for the purposes of Article 7(c) of the Convention and Article V(1)(c) of this Protocol. ARTICLE VIII CHOICE OF LAW 1. This Article applies only where a Contracting State has made a declaration pursuant to Article XXX(1). 2. The parties to an agreement, or a contract of sale, or a related guarantee contract or subordination agreement may agree on the law which is to govern their contractual rights and obligations, wholly or in part. 3. Unless otherwise agreed, the reference in the preceding paragraph to the law chosen by the parties is to the domestic rules of law of the designated State or, where that State comprises several territorial units, to the domestic law of the designated territorial unit. CHAPTER II DEFAULT REMEDIES, PRIORITIES AND ASSIGNMENTS ARTICLE IX MODIFICATION OF DEFAULT REMEDIES PROVISIONS 1. In addition to the remedies specified in Chapter III of the Convention, the creditor may, to the extent that the debtor has at any time so agreed and in the circumstances specified in that Chapter: (a) procure the de-registration of the aircraft; and C. 3 International Interests in Mobile Equipm (b) procure the export and physical transfer of the aircraft object from the territory in which it is situated. 2. The creditor shall not exercise the remedies specified in the preceding paragraph without the prior consent in writing of the holder of any registered interest ranking in priority to that of the creditor. 3. Article 8(3) of the Convention shall not apply to aircraft objects. Any remedy given by the Convention in relation to an aircraft object shall be exercised in a commercially reasonable manner. A remedy shall be deemed to be exercised in a commercially reasonable manner where it is exercised in conformity with a provision of the agreement except where such a provision is manifestly unreasonable. 4. A chargee giving ten or more working days’ prior written notice of a proposed sale or lease to interested persons shall be deemed to satisfy the requirement of providing “reasonable prior notice” specified in Article 8(4) of the Convention. The foregoing shall not prevent a chargee and a chargor or a guarantor from agreeing to a longer period of prior notice. 5. The registry authority in a Contracting State shall, subject to any applicable safety laws and regulations, honour a request for de-registration and export if: (a) the request is properly submitted by the authorised party under a recorded irrevocable de-registration and export request authorisation; and (b) the authorised party certifies to the registry authority, if required by that authority, that all registered interests ranking in priority to that of the creditor in whose favour the authorisation has been issued have been discharged or that the holders of such interests have consented to the deregistration and export. 6. A chargee proposing to procure the de-registration and export of an aircraft under paragraph 1 otherwise than pursuant to a court order shall give reasonable prior notice in writing of the proposed de-registration and export to: (a) interested persons specified in Article 1(m)(i) and (ii) of the Convention; and (b) interested persons specified in Article 1(m)(iii) of the Convention who have given notice of their rights to the chargee within a reasonable time prior to the de-registration and export. 2004-2005 Garanties internationales portant sur des m ARTICLE X MODIFICATION OF PROVISIONS REGARDING RELIEF PENDING FINAL DETERMINATION 1. This Article applies only where a Contracting State has made a declaration under Article XXX(2) and to the extent stated in such declaration. 2. For the purposes of Article 13(1) of the Convention, “speedy” in the context of obtaining relief means within such number of working days from the date of filing of the application for relief as is specified in a declaration made by the Contracting State in which the application is made. 3. Article 13(1) of the Convention applies with the following being added immediately after sub-paragraph (d): “(e) if at any time the debtor and the creditor specifically agree, sale and application of proceeds therefrom”, and Article 43(2) applies with the insertion after the words “Article 13(1)(d)” of the words “and (e)”. 4. Ownership or any other interest of the debtor passing on a sale under the preceding paragraph is free from any other interest over which the creditor’s international interest has priority under the provisions of Article 29 of the Convention. 5. The creditor and the debtor or any other interested person may agree in writing to exclude the application of Article 13(2) of the Convention. 6. With regard to the remedies in Article IX(1): (a) they shall be made available by the registry authority and other administrative authorities, as applicable, in a Contracting State no later than five working days after the creditor notifies such authorities that the relief specified in Article IX(1) is granted or, in the case of relief granted by a foreign court, recognised by a court of that Contracting State, and that the creditor is entitled to procure those remedies in accordance with the Convention; and C. 3 International Interests in Mobile Equipm (b) the applicable authorities shall expeditiously cooperate with and assist the creditor in the exercise of such remedies in conformity with the applicable aviation safety laws and regulations. 7. Paragraphs 2 and 6 shall not affect any applicable aviation safety laws and regulations. ARTICLE XI REMEDIES ON INSOLVENCY 1. This Article applies only where a Contracting State that is the primary insolvency jurisdiction has made a declaration pursuant to Article XXX(3). Alternative A 2. Upon the occurrence of an insolvency-related event, the insolvency administrator or the debtor, as applicable, shall, subject to paragraph 7, give possession of the aircraft object to the creditor no later than the earlier of: (a) the end of the waiting period; and (b) the date on which the creditor would be entitled to possession of the aircraft object if this Article did not apply. 3. For the purposes of this Article, the “waiting period” shall be the period specified in a declaration of the Contracting State which is the primary insolvency jurisdiction. 4. References in this Article to the “insolvency administrator” shall be to that person in its official, not in its personal, capacity. 5. Unless and until the creditor is given the opportunity to take possession under paragraph 2: (a) the insolvency administrator or the debtor, as applicable, shall preserve the aircraft object and maintain it and its value in accordance with the agreement; and (b) the creditor shall be entitled to apply for any other forms of interim relief available under the applicable law. 6. Sub-paragraph (a) of the preceding paragraph shall not preclude the use of the aircraft object under arrangements designed to preserve the aircraft object and maintain it and its value. 7. The insolvency administrator or the debtor, as applicable, may retain possession of the aircraft object where, by the time specified in paragraph 2, it has cured all defaults other 2004-2005 Garanties internationales portant sur des m than a default constituted by the opening of insolvency proceedings and has agreed to perform all future obligations under the agreement. A second waiting period shall not apply in respect of a default in the performance of such future obligations. 8. With regard to the remedies in Article IX(1): (a) they shall be made available by the registry authority and the administrative authorities in a Contracting State, as applicable, no later than five working days after the date on which the creditor notifies such authorities that it is entitled to procure those remedies in accordance with the Convention; and (b) the applicable authorities shall expeditiously cooperate with and assist the creditor in the exercise of such remedies in conformity with the applicable aviation safety laws and regulations. 9. No exercise of remedies permitted by the Convention or this Protocol may be prevented or delayed after the date specified in paragraph 2. 10. No obligations of the debtor under the agreement may be modified without the consent of the creditor. 11. Nothing in the preceding paragraph shall be construed to affect the authority, if any, of the insolvency administrator under the applicable law to terminate the agreement. 12. No rights or interests, except for non-consensual rights or interests of a category covered by a declaration pursuant to Article 39(1), shall have priority in insolvency proceedings over registered interests. 13. The Convention as modified by Article IX of this Protocol shall apply to the exercise of any remedies under this Article. Alternative B 2. Upon the occurrence of an insolvency-related event, the insolvency administrator or the debtor, as applicable, upon the request of the creditor, shall give notice to the creditor within the time specified in a declaration of a Contracting State pursuant to Article XXX(3) whether it will: (a) cure all defaults other than a default constituted by the opening of insolvency proceedings and agree to perform all future obligations, under the agreement and related transaction documents; or C. 3 International Interests in Mobile Equipm (b) give the creditor the opportunity to take possession of the aircraft object, in accordance with the applicable law. 3. The applicable law referred to in sub-paragraph (b) of the preceding paragraph may permit the court to require the taking of any additional step or the provision of any additional guarantee. 4. The creditor shall provide evidence of its claims and proof that its international interest has been registered. 5. If the insolvency administrator or the debtor, as applicable, does not give notice in conformity with paragraph 2, or when the insolvency administrator or the debtor has declared that it will give the creditor the opportunity to take possession of the aircraft object but fails to do so, the court may permit the creditor to take possession of the aircraft object upon such terms as the court may order and may require the taking of any additional step or the provision of any additional guarantee. 6. The aircraft object shall not be sold pending a decision by a court regarding the claim and the international interest. ARTICLE XII INSOLVENCY ASSISTANCE 1. This Article applies only where a Contracting State has made a declaration pursuant to Article XXX(1). 2. The courts of a Contracting State in which an aircraft object is situated shall, in accordance with the law of the Contracting State, co-operate to the maximum extent possible with foreign courts and foreign insolvency administrators in carrying out the provisions of Article XI. ARTICLE XIII DE-REGISTRATION AND EXPORT REQUEST AUTHORISATION 1. This Article applies only where a Contracting State has made a declaration pursuant to Article XXX(1). 2. Where the debtor has issued an irrevocable deregistration and export request authorisation substantially in the form annexed to this Protocol and has submitted such authorisation for recordation to the registry authority, that authorisation shall be so recorded. 2004-2005 Garanties internationales portant sur des m 3. The person in whose favour the authorisation has been issued (the “authorised party”) or its certified designee shall be the sole person entitled to exercise the remedies specified in Article IX(1) and may do so only in accordance with the authorisation and applicable aviation safety laws and regulations. Such authorisation may not be revoked by the debtor without the consent in writing of the authorised party. The registry authority shall remove an authorisation from the registry at the request of the authorised party. 4. The registry authority and other administrative authorities in Contracting States shall expeditiously co-operate with and assist the authorised party in the exercise of the remedies specified in Article IX. ARTICLE XIV MODIFICATION OF PRIORITY PROVISIONS 1. A buyer of an aircraft object under a registered sale acquires its interest in that object free from an interest subsequently registered and from an unregistered interest, even if the buyer has actual knowledge of the unregistered interest. 2. A buyer of an aircraft object acquires its interest in that object subject to an interest registered at the time of its acquisition. 3. Ownership of or another right or interest in an aircraft engine shall not be affected by its installation on or removal from an aircraft. 4. Article 29(7) of the Convention applies to an item, other than an object, installed on an airframe, aircraft engine or helicopter. ARTICLE XV MODIFICATION OF ASSIGNMENT PROVISIONS Article 33(1) of the Convention applies as if the following were added immediately after sub-paragraph (b): “and (c) the debtor has consented in writing, whether or not the consent is given in advance of the assignment or identifies the assignee.” C. 3 International Interests in Mobile Equipm ARTICLE XVI DEBTOR PROVISIONS 1. In the absence of a default within the meaning of Article 11 of the Convention, the debtor shall be entitled to the quiet possession and use of the object in accordance with the agreement as against: (a) its creditor and the holder of any interest from which the debtor takes free pursuant to Article 29(4) of the Convention or, in the capacity of buyer, Article XIV(1) of this Protocol, unless and to the extent that the debtor has otherwise agreed; and (b) the holder of any interest to which the debtor’s right or interest is subject pursuant to Article 29(4) of the Convention or, in the capacity of buyer, Article XIV(2) of this Protocol, but only to the extent, if any, that such holder has agreed. 2. Nothing in the Convention or this Protocol affects the liability of a creditor for any breach of the agreement under the applicable law in so far as that agreement relates to an aircraft object. CHAPTER III REGISTRY PROVISIONS RELATING TO INTERNATIONAL INTERESTS IN AIRCRAFT OBJECTS ARTICLE XVII THE SUPERVISORY AUTHORITY AND THE REGISTRAR 1. The Supervisory Authority shall be the international entity designated by a Resolution adopted by the Diplomatic Conference to Adopt a Mobile Equipment Convention and an Aircraft Protocol. 2. Where the international entity referred to in the preceding paragraph is not able and willing to act as Supervisory Authority, a Conference of Signatory and Contracting States shall be convened to designate another Supervisory Authority. 3. The Supervisory Authority and its officers and employees shall enjoy such immunity from legal and administrative process as is provided under the rules applicable to them as an international entity or otherwise. 2004-2005 Garanties internationales portant sur des m 4. The Supervisory Authority may establish a commission of experts, from among persons nominated by Signatory and Contracting States and having the necessary qualifications and experience, and entrust it with the task of assisting the Supervisory Authority in the discharge of its functions. 5. The first Registrar shall operate the International Registry for a period of five years from the date of entry into force of this Protocol. Thereafter, the Registrar shall be appointed or reappointed at regular five-yearly intervals by the Supervisory Authority. ARTICLE XVIII FIRST REGULATIONS The first regulations shall be made by the Supervisory Authority so as to take effect upon the entry into force of this Protocol. ARTICLE XIX DESIGNATED ENTRY POINTS 1. Subject to paragraph 2, a Contracting State may at any time designate an entity or entities in its territory as the entry point or entry points through which there shall or may be transmitted to the International Registry information required for registration other than registration of a notice of a national interest or a right or interest under Article 40 in either case arising under the laws of another State. 2. A designation made under the preceding paragraph may permit, but not compel, use of a designated entry point or entry points for information required for registrations in respect of aircraft engines. ARTICLE XX ADDITIONAL MODIFICATIONS TO REGISTRY PROVISIONS 1. For the purposes of Article 19(6) of the Convention, the search criteria for an aircraft object shall be the name of its manufacturer, its manufacturer’s serial number and its model designation, supplemented as necessary to ensure uniqueness. Such supplementary information shall be specified in the regulations. 2. For the purposes of Article 25(2) of the Convention and in the circumstances there described, the holder of a registered prospective international interest or a registered prospective assignment of an international interest or the person in whose favour a prospective sale has been registered shall take such C. 3 International Interests in Mobile Equipm steps as are within its power to procure the discharge of the registration no later than five working days after the receipt of the demand described in such paragraph. 3. The fees referred to in Article 17(2)(h) of the Convention shall be determined so as to recover the reasonable costs of establishing, operating and regulating the International Registry and the reasonable costs of the Supervisory Authority associated with the performance of the functions, exercise of the powers, and discharge of the duties contemplated by Article 17(2) of the Convention. 4. The centralised functions of the International Registry shall be operated and administered by the Registrar on a twenty-four hour basis. The various entry points shall be operated at least during working hours in their respective territories. 5. The amount of the insurance or financial guarantee referred to in Article 28(4) of the Convention shall, in respect of each event, not be less than the maximum value of an aircraft object as determined by the Supervisory Authority. 6. Nothing in the Convention shall preclude the Registrar from procuring insurance or a financial guarantee covering events for which the Registrar is not liable under Article 28 of the Convention. CHAPTER IV JURISDICTION ARTICLE XXI MODIFICATION OF JURISDICTION PROVISIONS For the purposes of Article 43 of the Convention and subject to Article 42 of the Convention, a court of a Contracting State also has jurisdiction where the object is a helicopter, or an airframe pertaining to an aircraft, for which that State is the State of registry. ARTICLE XXII WAIVERS OF SOVEREIGN IMMUNITY 1. Subject to paragraph 2, a waiver of sovereign immunity from jurisdiction of the courts specified in Article 42 or Article 43 of the Convention or relating to enforcement of rights and interests relating to an aircraft object under the Convention shall be binding and, if the other conditions to 2004-2005 Garanties internationales portant sur des m such jurisdiction or enforcement have been satisfied, shall be effective to confer jurisdiction and permit enforcement, as the case may be. 2. A waiver under the preceding paragraph must be in writing and contain a description of the aircraft object. CHAPTER V RELATIONSHIP WITH OTHER CONVENTIONS ARTICLE XXIII RELATIONSHIP WITH THE CONVENTION ON THE INTERNATIONAL RECOGNITION OF RIGHTS IN AIRCRAFT The Convention shall, for a Contracting State that is a party to the Convention on the International Recognition of Rights in Aircraft, signed at Geneva on 19 June 1948, supersede that Convention as it relates to aircraft, as defined in this Protocol, and to aircraft objects. However, with respect to rights or interests not covered or affected by the present Convention, the Geneva Convention shall not be superseded. ARTICLE XXIV RELATIONSHIP WITH THE CONVENTION FOR THE UNIFICATION OF CERTAIN RULES RELATING TO THE PRECAUTIONARY ATTACHMENT OF AIRCRAFT 1. The Convention shall, for a Contracting State that is a Party to the Convention for the Unification of Certain Rules Relating to the Precautionary Attachment of Aircraft, signed at Rome on 29 May 1933, supersede that Convention as it relates to aircraft, as defined in this Protocol. 2. A Contracting State Party to the above Convention may declare, at the time of ratification, acceptance, approval of, or accession to this Protocol, that it will not apply this Article. ARTICLE XXV RELATIONSHIP WITH THE UNIDROIT CONVENTION ON INTERNATIONAL FINANCIAL LEASING The Convention shall supersede the UNIDROIT Convention on International Financial Leasing, signed at Ottawa on 28 May 1988, as it relates to aircraft objects. C. 3 International Interests in Mobile Equipm CHAPTER VI FINAL PROVISIONS ARTICLE XXVI SIGNATURE, RATIFICATION, ACCEPTANCE, APPROVAL OR ACCESSION 1. This Protocol shall be open for signature in Cape Town on 16 November 2001 by States participating in the Diplomatic Conference to Adopt a Mobile Equipment Convention and an Aircraft Protocol held at Cape Town from 29 October to 16 November 2001. After 16 November 2001, this Protocol shall be open to all States for signature at the Headquarters of the International Institute for the Unification of Private Law (UNIDROIT) in Rome until it enters into force in accordance with Article XXVIII. 2. This Protocol shall be subject to ratification, acceptance or approval by States which have signed it. 3. Any State which does not sign this Protocol may accede to it at any time. 4. Ratification, acceptance, approval or accession is effected by the deposit of a formal instrument to that effect with the Depositary. 5. A State may not become a Party to this Protocol unless it is or becomes also a Party to the Convention. ARTICLE XXVII REGIONAL ECONOMIC INTEGRATION ORGANISATIONS 1. A Regional Economic Integration Organisation which is constituted by sovereign States and has competence over certain matters governed by this Protocol may similarly sign, accept, approve or accede to this Protocol. The Regional Economic Integration Organisation shall in that case have the rights and obligations of a Contracting State, to the extent that that Organisation has competence over matters governed by this Protocol. Where the number of Contracting States is relevant in this Protocol, the Regional Economic Integration Organisation shall not count as a Contracting State in addition to its Member States which are Contracting States. 2. The Regional Economic Integration Organisation shall, at the time of signature, acceptance, approval or accession, make a declaration to the Depositary specifying the matters governed by this Protocol in respect of which competence has been transferred to that Organisation by its Member States. 2004-2005 Garanties internationales portant sur des m The Regional Economic Integration Organisation shall promptly notify the Depositary of any changes to the distribution of competence, including new transfers of competence, specified in the declaration under this paragraph. 3. Any reference to a “Contracting State” or “Contracting States” or “State Party” or “States Parties” in this Protocol applies equally to a Regional Economic Integration Organisation where the context so requires. ARTICLE XXVIII ENTRY INTO FORCE 1. This Protocol enters into force on the first day of the month following the expiration of three months after the date of the deposit of the eighth instrument of ratification, acceptance, approval or accession, between the States which have deposited such instruments. 2. For other States this Protocol enters into force on the first day of the month following the expiration of three months after the date of the deposit of its instrument of ratification, acceptance, approval or accession. ARTICLE XXIX TERRITORIAL UNITS 1. If a Contracting State has territorial units in which different systems of law are applicable in relation to the matters dealt with in this Protocol, it may, at the time of ratification, acceptance, approval or accession, declare that this Protocol is to extend to all its territorial units or only to one or more of them and may modify its declaration by submitting another declaration at any time. 2. Any such declaration shall state expressly the territorial units to which this Protocol applies. 3. If a Contracting State has not made any declaration under paragraph 1, this Protocol shall apply to all territorial units of that State. 4. Where a Contracting State extends this Protocol to one or more of its territorial units, declarations permitted under this Protocol may be made in respect of each such territorial unit, and the declarations made in respect of one territorial unit may be different from those made in respect of another territorial unit. C. 3 International Interests in Mobile Equipm 5. If by virtue of a declaration under paragraph 1, this Protocol extends to one or more territorial units of a Contracting State: (a) the debtor is considered to be situated in a Contracting State only if it is incorporated or formed under a law in force in a territorial unit to which the Convention and this Protocol apply or if it has its registered office or statutory seat, centre of administration, place of business or habitual residence in a territorial unit to which the Convention and this Protocol apply; (b) any reference to the location of the object in a Contracting State refers to the location of the object in a territorial unit to which the Convention and this Protocol apply; and (c) any reference to the administrative authorities in that Contracting State shall be construed as referring to the administrative authorities having jurisdiction in a territorial unit to which the Convention and this Protocol apply and any reference to the national register or to the registry authority in that Contracting State shall be construed as referring to the aircraft register in force or to the registry authority having jurisdiction in the territorial unit or units to which the Convention and this Protocol apply. ARTICLE XXX DECLARATIONS RELATING TO CERTAIN PROVISIONS 1. A Contracting State may, at the time of ratification, acceptance, approval of, or accession to this Protocol, declare that it will apply any one or more of Articles VIII, XII and XIII of this Protocol. 2. A Contracting State may, at the time of ratification, acceptance, approval of, or accession to this Protocol, declare that it will apply Article X of this Protocol, wholly or in part. If it so declares with respect to Article X(2), it shall specify the time-period required thereby. 3. A Contracting State may, at the time of ratification, acceptance, approval of, or accession to this Protocol, declare that it will apply the entirety of Alternative A, or the entirety of Alternative B of Article XI and, if so, shall specify the types of insolvency proceeding, if any, to which it will apply Alternative A and the types of insolvency proceeding, if any, to which it will apply Alternative B. A Contracting State making a declaration pursuant to this paragraph shall specify the time-period required by Article XI. 2004-2005 Garanties internationales portant sur des m 4. The courts of Contracting States shall apply Article XI in conformity with the declaration made by the Contracting State which is the primary insolvency jurisdiction. 5. A Contracting State may, at the time of ratification, acceptance, approval of, or accession to this Protocol, declare that it will not apply the provisions of Article XXI, wholly or in part. The declaration shall specify under which conditions the relevant Article will be applied, in case it will be applied partly, or otherwise which other forms of interim relief will be applied. ARTICLE XXXI DECLARATIONS UNDER THE CONVENTION Declarations made under the Convention, including those made under Articles 39, 40, 50, 53, 54, 55, 57, 58 and 60 of the Convention, shall be deemed to have also been made under this Protocol unless stated otherwise. ARTICLE XXXII RESERVATIONS AND DECLARATIONS 1. No reservations may be made to this Protocol but declarations authorised by Articles XXIV, XXIX, XXX, XXXI, XXXIII and XXXIV may be made in accordance with these provisions. 2. Any declaration or subsequent declaration or any withdrawal of a declaration made under this Protocol shall be notified in writing to the Depositary. ARTICLE XXXIII SUBSEQUENT DECLARATIONS 1. A State Party may make a subsequent declaration, other than a declaration made in accordance with Article XXXI under Article 60 of the Convention, at any time after the date on which this Protocol has entered into force for it, by notifying the Depositary to that effect. 2. Any such subsequent declaration shall take effect on the first day of the month following the expiration of six months after the date of receipt of the notification by the Depositary. Where a longer period for that declaration to take effect is specified in the notification, it shall take effect upon the expiration of such longer period after receipt of the notification by the Depositary. C. 3 International Interests in Mobile Equipm 3. Notwithstanding the previous paragraphs, this Protocol shall continue to apply, as if no such subsequent declarations had been made, in respect of all rights and interests arising prior to the effective date of any such subsequent declaration. ARTICLE XXXIV WITHDRAWAL OF DECLARATIONS 1. Any State Party having made a declaration under this Protocol, other than a declaration made in accordance with Article XXXI under Article 60 of the Convention, may withdraw it at any time by notifying the Depositary. Such withdrawal is to take effect on the first day of the month following the expiration of six months after the date of receipt of the notification by the Depositary. 2. Notwithstanding the previous paragraph, this Protocol shall continue to apply, as if no such withdrawal of declaration had been made, in respect of all rights and interests arising prior to the effective date of any such withdrawal. ARTICLE XXXV DENUNCIATIONS 1. Any State Party may denounce this Protocol by notification in writing to the Depositary. 2. Any such denunciation shall take effect on the first day of the month following the expiration of twelve months after the date of receipt of the notification by the Depositary. 3. Notwithstanding the previous paragraphs, this Protocol shall continue to apply, as if no such denunciation had been made, in respect of all rights and interests arising prior to the effective date of any such denunciation. ARTICLE XXXVI REVIEW CONFERENCES, AMENDMENTS AND RELATED MATTERS 1. The Depositary, in consultation with the Supervisory Authority, shall prepare reports yearly, or at such other time as the circumstances may require, for the States Parties as to the manner in which the international regime established in the Convention as amended by this Protocol has operated in practice. In preparing such reports, the Depositary shall take 2004-2005 Garanties internationales portant sur des m into account the reports of the Supervisory Authority concerning the functioning of the international registration system. 2. At the request of not less than twenty-five per cent of the States Parties, Review Conferences of the States Parties shall be convened from time to time by the Depositary, in consultation with the Supervisory Authority, to consider: (a) the practical operation of the Convention as amended by this Protocol and its effectiveness in facilitating the asset-based financing and leasing of the objects covered by its terms; (b) the judicial interpretation given to, and the application made of the terms of this Protocol and the regulations; (c) the functioning of the international registration system, the performance of the Registrar and its oversight by the Supervisory Authority, taking into account the reports of the Supervisory Authority; and (d) whether any modifications to this Protocol or the arrangements relating to the International Registry are desirable. 3. Any amendment to this Protocol shall be approved by at least a two-thirds majority of States Parties participating in the Conference referred to in the preceding paragraph and shall then enter into force in respect of States which have ratified, accepted or approved such amendment when it has been ratified, accepted or approved by eight States in accordance with the provisions of Article XXVIII relating to its entry into force. ARTICLE XXXVII DEPOSITARY AND ITS FUNCTIONS 1. Instruments of ratification, acceptance, approval or accession shall be deposited with the International Institute for the Unification of Private Law (UNIDROIT), which is hereby designated the Depositary. 2. The Depositary shall: (a) inform all Contracting States of: (i) each new signature or deposit of an instrument of ratification, acceptance, approval or accession, together with the date thereof; (ii) the date of entry into force of this Protocol; (iii) each declaration made in accordance with this Protocol, together with the date thereof; C. 3 International Interests in Mobile Equipm (iv) the withdrawal or amendment of any declaration, together with the date thereof; and (v) the notification of any denunciation of this Protocol together with the date thereof and the date on which it takes effect; (b) transmit certified true copies of this Protocol to all Contracting States; (c) provide the Supervisory Authority and the Registrar with a copy of each instrument of ratification, acceptance, approval or accession, together with the date of deposit thereof, of each declaration or withdrawal or amendment of a declaration and of each notification of denunciation, together with the date of notification thereof, so that the information contained therein is easily and fully available; and (d) perform such other functions customary for depositaries. IN WITNESS WHEREOF the undersigned Plenipotentiaries, having been duly authorised, have signed this Protocol. DONE at Cape Town, this sixteenth day of November, two thousand and one, in a single original in the English, Arabic, Chinese, French, Russian and Spanish languages, all texts being equally authentic, such authenticity to take effect upon verification by the Joint Secretariat of the Conference under the authority of the President of the Conference within ninety days hereof as to the conformity of the texts with one another. ANNEX FORM OF IRREVOCABLE DE-REGISTRATION AND EXPORT REQUEST AUTHORISATION Annex referred to in Article XIII [Insert Date] To: [Insert Name of Registry Authority] Re: Irrevocable De-Registration and Export Request Authorisation The undersigned is the registered [operator] [owner]* of the [insert the airframe/helicopter manufacturer name and model number] bearing manufacturers serial number [insert manufacturer’s serial number] and registration [number] [mark] [insert registration number/mark] (together with all installed, incorporated or attached accessories, parts and equipment, the “aircraft”). 2004-2005 Garanties internationales portant sur des m This instrument is an irrevocable de-registration and export request authorisation issued by the undersigned in favour of [insert name of creditor] (“the authorised party”) under the authority of Article XIII of the Protocol to the Convention on International Interests in Mobile Equipment on Matters Specific to Aircraft Equipment. In accordance with that Article, the undersigned hereby requests: (i) recognition that the authorised party or the person it certifies as its designee is the sole person entitled to: (a) procure the de-registration of the aircraft from the [insert name of aircraft register] maintained by the [insert name of registry authority] for the purposes of Chapter III of the Convention on International Civil Aviation, signed at Chicago, on 7 December 1944, and (b) procure the export and physical transfer of the aircraft from [insert name of country]; and (ii) confirmation that the authorised party or the person it certifies as its designee may take the action specified in clause (i) above on written demand without the consent of the undersigned and that, upon such demand, the authorities in [insert name of country] shall co-operate with the authorised party with a view to the speedy completion of such action. The rights in favour of the authorised party established by this instrument may not be revoked by the undersigned without the written consent of the authorised party. Please acknowledge your agreement to this request and its terms by appropriate notation in the space provided below and lodging this instrument in [insert name of registry authority]. __________________________ [insert name of operator/owner] Agreed to and lodged this [insert date] By: [insert name of signatory] Its: [insert title of signatory] __________________________ [insert relevant notational details] * Select the term that reflects the relevant nationality registration criterion. C. 3 International Interests in Mobile Equipm SCHEDULE 3 (Subsection 2(3)) CONSOLIDATED TEXT OF THE CONVENTION ON INTERNATIONAL INTERESTS IN MOBILE EQUIPMENT AND THE PROTOCOL TO THE CONVENTION ON INTERNATIONAL INTERESTS IN MOBILE EQUIPMENT ON MATTERS SPECIFIC TO AIRCRAFT EQUIPMENT THE STATES PARTIES, AWARE of the need to acquire and use aircraft equipment of high value or particular economic significance and to facilitate the financing of the acquisition and use of such equipment in an efficient manner, RECOGNISING the advantages of asset-based financing and leasing for this purpose and desiring to facilitate these types of transaction by establishing clear rules to govern them, MINDFUL of the need to ensure that interests in such equipment are recognised and protected universally, DESIRING to provide broad and mutual economic benefits for all interested parties, BELIEVING that such rules must reflect the principles underlying asset-based financing and leasing and promote the autonomy of the parties necessary in these transactions, CONSCIOUS of the need to establish a legal framework for international interests in such equipment and for that purpose to create an international registration system for their protection, MINDFUL of the principles and objectives of the Convention on International Civil Aviation, signed at Chicago on 7 December 1944, HAVE AGREED upon the following provisions: 2004-2005 Garanties internationales portant sur des m CHAPTER I SPHERE OF APPLICATION AND GENERAL PROVISIONS ARTICLE 1 DEFINITIONS For the purposes of this Convention, “this Convention” means the Consolidated Text of the Convention on International Interests in Mobile Equipment and the Protocol to the Convention on International Interests in Mobile Equipment on Matters Specific to Aircraft Equipment. In this Convention, except where the context otherwise requires, the following terms are employed with the meanings set out below: (a) “agreement” means a security agreement, a title reservation agreement or a leasing agreement; (b) “aircraft” means aircraft as defined for the purposes of the Chicago Convention which are either airframes with aircraft engines installed thereon or helicopters; (c) “aircraft engines” means aircraft engines (other than those used in military, customs or police services) powered by jet propulsion or turbine or piston technology and: (i) in the case of jet propulsion aircraft engines, have at least 1750 lb of thrust or its equivalent; and (ii) in the case of turbine-powered or piston-powered aircraft engines, have at least 550 rated take-off shaft horsepower or its equivalent, together with all modules and other installed, incorporated or attached accessories, parts and equipment and all data, manuals and records relating thereto; (d) “aircraft objects” means airframes, aircraft engines and helicopters; (e) “aircraft register” means a register maintained by a State or a common mark registering authority for the purposes of the Chicago Convention; (f) “airframes” means airframes (other than those used in military, customs and police services) that, when appropriate aircraft engines are installed thereon, are type certified by the competent aviation authority to transport: (i) at least eight (8) persons including crew; or (ii) goods in excess of 2750 kilograms, C. 3 International Interests in Mobile Equipm together with all installed, incorporated or attached accessories, parts and equipment (other than aircraft engines), and all data, manuals and records relating thereto; (g) “assignment” means a contract which, whether by way of security or otherwise, confers on the assignee associated rights with or without a transfer of the related international interest; (h) “associated rights” means all rights to payment or other performance by a debtor under an agreement which are secured by or associated with the aircraft object; (i) “authorised party” means the party referred to in Article 25(3); (j) “Chicago Convention” means the Convention on International Civil Aviation, signed at Chicago on 7 December 1944, as amended, and its Annexes; (k) “commencement of the insolvency proceedings” means the time at which the insolvency proceedings are deemed to commence under the applicable insolvency law; (l) “common mark registering authority” means the authority maintaining a register in accordance with Article 77 of the Chicago Convention as implemented by the Resolution adopted on 14 December 1967 by the Council of the International Civil Aviation Organization on nationality and registration of aircraft operated by international operating agencies; (m) “conditional buyer” means a buyer under a title reservation agreement; (n) “conditional seller” means a seller under a title reservation agreement; (o) “contract of sale” means a contract for the sale of an aircraft object by a seller to a buyer which is not an agreement as defined in (a) above; (p) “court” means a court of law or an administrative or arbitral tribunal established by a Contracting State; (q) “creditor” means a chargee under a security agreement, a conditional seller under a title reservation agreement or a lessor under a leasing agreement; (r) “debtor” means a chargor under a security agreement, a conditional buyer under a title reservation agreement, a lessee under a leasing agreement or a person whose interest in an aircraft object is burdened by a registrable nonconsensual right or interest; (s) “de-registration of the aircraft” means deletion or removal of the registration of the aircraft from its aircraft register in accordance with the Chicago Convention; 2004-2005 Garanties internationales portant sur des m (t) “guarantee contract” means a contract entered into by a person as guarantor; (u) “guarantor” means a person who, for the purpose of assuring performance of any obligations in favour of a creditor secured by a security agreement or under an agreement, gives or issues a suretyship or demand guarantee or a standby letter of credit or any other form of credit insurance; (v) “helicopters” means heavier-than-air machines (other than those used in military, customs or police services) supported in flight chiefly by the reactions of the air on one or more power-driven rotors on substantially vertical axes and which are type certified by the competent aviation authority to transport: (i) at least five (5) persons including crew; or (ii) goods in excess of 450 kilograms, together with all installed, incorporated or attached accessories, parts and equipment (including rotors), and all data, manuals and records relating thereto; (w) “insolvency administrator” means a person authorised to administer the reorganisation or liquidation, including one authorised on an interim basis, and includes a debtor in possession if permitted by the applicable insolvency law; (x) “insolvency proceedings” means bankruptcy, liquidation or other collective judicial or administrative proceedings, including interim proceedings, in which the assets and affairs of the debtor are subject to control or supervision by a court for the purposes of reorganisation or liquidation; (y) “insolvency-related event” means: (i) the commencement of the insolvency proceedings; or (ii) the declared intention to suspend or actual suspension of payments by the debtor where the creditor’s right to institute insolvency proceedings against the debtor or to exercise remedies under this Convention is prevented or suspended by law or State action; (z) “interested persons” means: (i) the debtor; (ii) any guarantor; (iii) any other person having rights in or over the aircraft object; (aa) “internal transaction” means a transaction of a type listed in Article 2(2)(a) to (c) where the centre of the main interests of all parties to such transaction is situated, and the relevant aircraft object under Article 3(4) is located, in C. 3 International Interests in Mobile Equipm the same Contracting State at the time of the conclusion of the contract and where the interest created by the transaction has been registered in a national registry in that Contracting State which has made a declaration under Article 66(1); (bb) “international interest” means an interest held by a creditor to which Article 2 applies; (cc) “International Registry” means the international registration facilities established for the purposes of this Convention; (dd) “leasing agreement” means an agreement by which one person (the lessor) grants a right to possession or control of an aircraft object (with or without an option to purchase) to another person (the lessee) in return for a rental or other payment; (ee) “national interest” means an interest held by a creditor in an aircraft object and created by an internal transaction covered by a declaration under Article 66(1); (ff) “non-consensual right or interest” means a right or interest conferred under the law of a Contracting State which has made a declaration under Article 52 to secure the performance of an obligation, including an obligation to a State, State entity or an intergovernmental or private organisation; (gg) “notice of a national interest” means notice registered or to be registered in the International Registry that a national interest has been created; (hh) “pre-existing right or interest” means a right or interest of any kind in or over an aircraft object created or arising before the effective date of this Convention as defined by Article 76(2)(a); (ii) “primary insolvency jurisdiction” means the Contracting State in which the centre of the debtor’s main interests is situated, which for this purpose shall be deemed to be the place of the debtor’s statutory seat or, if there is none, the place where the debtor is incorporated or formed, unless proved otherwise; (jj) “proceeds” means money or non-money proceeds of an aircraft object arising from the total or partial loss or physical destruction of the aircraft object or its total or partial confiscation, condemnation or requisition; (kk) “prospective assignment” means an assignment that is intended to be made in the future, upon the occurrence of a stated event, whether or not the occurrence of the event is certain; 2004-2005 Garanties internationales portant sur des m (ll) “prospective international interest” means an interest that is intended to be created or provided for in an aircraft object as an international interest in the future, upon the occurrence of a stated event (which may include the debtor’s acquisition of an interest in the aircraft object), whether or not the occurrence of the event is certain; (mm) “prospective sale” means a sale which is intended to be made in the future, upon the occurrence of a stated event, whether or not the occurrence of the event is certain; (nn) “registered” means registered in the International Registry pursuant to Chapter V; (oo) “registered interest” means an international interest, a registrable non-consensual right or interest or a national interest specified in a notice of a national interest registered pursuant to Chapter V; (pp) “registrable non-consensual right or interest” means a non-consensual right or interest registrable pursuant to a declaration deposited under Article 53; (qq) “Registrar” means the person or body appointed under Articles 27(4)(b) and 28; (rr) “registry authority” means the national authority or the common mark registering authority, maintaining an aircraft register in a Contracting State and responsible for the registration and de-registration of an aircraft in accordance with the Chicago Convention; (ss) “regulations” means regulations made or approved by the Supervisory Authority pursuant to this Convention; (tt) “sale” means a transfer of ownership of an aircraft object pursuant to a contract of sale; (uu) “secured obligation” means an obligation secured by a security interest; (vv) “security agreement” means an agreement by which a chargor grants or agrees to grant to a chargee an interest (including an ownership interest) in or over an aircraft object to secure the performance of any existing or future obligation of the chargor or a third person; (ww) “security interest” means an interest created by a security agreement; (xx) “State of registry” means, in respect of an aircraft, the State on the national register of which an aircraft is entered or the State of location of the common mark registering authority maintaining the aircraft register; (yy) “Supervisory Authority” means the Supervisory Authority referred to in Article 27; C. 3 International Interests in Mobile Equipm (zz) “title reservation agreement” means an agreement for the sale of an aircraft object on terms that ownership does not pass until fulfilment of the condition or conditions stated in the agreement; (aaa) “unregistered interest” means a consensual interest or non-consensual right or interest (other than an interest to which Article 52 applies) which has not been registered, whether or not it is registrable under this Convention; and (bbb) “writing” means a record of information (including information communicated by teletransmission) which is in tangible or other form and is capable of being reproduced in tangible form on a subsequent occasion and which indicates by reasonable means a person’s approval of the record. 2004-2005 Garanties internationales portant sur des m ARTICLE 2 THE INTERNATIONAL INTEREST 1. This Convention provides for the constitution and effects of an international interest in aircraft objects and associated rights. 2. For the purposes of this Convention, an international interest in aircraft objects is an interest, constituted under Article 10, in airframes, aircraft engines or helicopters: (a) granted by the chargor under a security agreement; (b) vested in a person who is the conditional seller under a title reservation agreement; or (c) vested in a person who is the lessor under a leasing agreement. An interest falling within sub-paragraph (a) does not also fall within sub-paragraph (b) or (c). 3. The applicable law determines whether an interest to which the preceding paragraph applies falls within subparagraph (a), (b) or (c) of that paragraph. 4. An international interest in an aircraft object extends to proceeds of that aircraft object. ARTICLE 3 SPHERE OF APPLICATION 1. This Convention applies when, at the time of the conclusion of the agreement creating or providing for the international interest, the debtor is situated in a Contracting State. 2. The fact that the creditor is situated in a non-Contracting State does not affect the applicability of this Convention. 3. Without prejudice to paragraph 1 of this Article, this Convention shall also apply in relation to a helicopter, or to an airframe pertaining to an aircraft, registered in an aircraft register of a Contracting State which is the State of registry, and where such registration is made pursuant to an agreement for registration of the aircraft it is deemed to have been effected at the time of the agreement. C. 3 International Interests in Mobile Equipm 4. For the purposes of the definition of “internal transaction” in Article 1 of this Convention: (a) an airframe is located in the State of registry of the aircraft of which it is a part; (b) an aircraft engine is located in the State of registry of the aircraft on which it is installed or, if it is not installed on an aircraft, where it is physically located; and (c) a helicopter is located in its State of registry, at the time of the conclusion of the agreement creating or providing for the interest. ARTICLE 4 WHERE DEBTOR IS SITUATED 1. For the purposes of Article 3(1), the debtor is situated in any Contracting State: (a) under the law of which it is incorporated or formed; (b) where it has its registered office or statutory seat; (c) where it has its centre of administration; or (d) where it has its place of business. 2. A reference in sub-paragraph (d) of the preceding paragraph to the debtor’s place of business shall, if it has more than one place of business, mean its principal place of business or, if it has no place of business, its habitual residence. ARTICLE 5 INTERPRETATION AND APPLICABLE LAW 1. In the interpretation of this Convention, regard is to be had to its purposes as set forth in the preamble, to its international character and to the need to promote uniformity and predictability in its application. 2. Questions concerning matters governed by this Convention which are not expressly settled in it are to be settled in conformity with the general principles on which it is based or, in the absence of such principles, in conformity with the applicable law. 3. References to the applicable law are to the domestic rules of the law applicable by virtue of the rules of private international law of the forum State. Garanties internationales portant sur des m 2004-2005 4. Where a State comprises several territorial units, each of which has its own rules of law in respect of the matter to be decided, and where there is no indication of the relevant territorial unit, the law of that State decides which is the territorial unit whose rules shall govern. In the absence of any such rule, the law of the territorial unit with which the case is most closely connected shall apply. ARTICLE 6 APPLICATION TO SALE AND PROSPECTIVE SALE The following provisions of this Convention apply as if references to an agreement creating or providing for an international interest were references to a contract of sale and as if references to an international interest, a prospective international interest, the debtor and the creditor were references to a sale, a prospective sale, the seller and the buyer, respectively: Articles 3 and 4; Article 26(1)(a); Article 32(4); Article 33(1) (as regards registration of a contract of sale or a prospective sale); Article 38(2) (as regards a prospective sale); and Article 43. In addition, the general provisions of Article 1, Article 5, Chapters IV to VII, Article 42 (other than Article 42(3) and (4)), Chapter X, Chapter XI (other than Article 55), Chapter XII and Chapter XIII (other than Article 76) shall apply to contracts of sale and prospective sales. ARTICLE 7 REPRESENTATIVE CAPACITIES A person may enter into an agreement or a sale, and register an international interest in, or a sale of, an aircraft object, in an agency, trust or other representative capacity. In such case, that person is entitled to assert rights and interests under this Convention. C. 3 International Interests in Mobile Equipm ARTICLE 8 DESCRIPTION OF AIRCRAFT OBJECTS A description of an aircraft object that contains its manufacturer’s serial number, the name of the manufacturer and its model designation is necessary and sufficient to identify the aircraft object for the purposes of Articles 10(c) and 11(1)(c) of this Convention. ARTICLE 9 CHOICE OF LAW 1. This Article applies only where a Contracting State has made a declaration pursuant to Article 71(1). 2. The parties to an agreement, or a contract of sale, or a related guarantee contract or subordination agreement may agree on the law which is to govern their contractual rights and obligations, wholly or in part. 3. Unless otherwise agreed, the reference in the preceding paragraph to the law chosen by the parties is to the domestic rules of law of the designated State or, where that State comprises several territorial units, to the domestic law of the designated territorial unit. CHAPTER II CONSTITUTION OF AN INTERNATIONAL INTEREST; CONTRACTS OF SALE ARTICLE 10 FORMAL REQUIREMENTS An interest is constituted as an international interest under this Convention where the agreement creating or providing for the interest: (a) is in writing; (b) relates to an aircraft object of which the chargor, conditional seller or lessor has power to dispose; (c) enables the aircraft object to be identified; and (d) in the case of a security agreement, enables the secured obligations to be determined, but without the need to state a sum or maximum sum secured. Garanties internationales portant sur des m 2004-2005 ARTICLE 11 FORMALITIES AND EFFECTS OF CONTRACTS OF SALE 1. For the purposes of this Convention, a contract of sale is one which: (a) is in writing; (b) relates to an aircraft object of which the seller has power to dispose; and (c) enables the aircraft object to be identified in conformity with this Convention. 2. A contract of sale transfers the interest of the seller in the aircraft object to the buyer according to its terms. CHAPTER III DEFAULT REMEDIES ARTICLE 12 REMEDIES OF CHARGEE 1. In the event of default as provided in Article 17, the chargee may, to the extent that the chargor has at any time so agreed and subject to any declaration that may be made by a Contracting State under Article 70, exercise any one or more of the following remedies: (a) take possession or control of any aircraft object charged to it; (b) sell or grant a lease of any such aircraft object; (c) collect or receive any income or profits arising from the management or use of any such aircraft object. 2. The chargee may alternatively apply for a court order authorising or directing any of the acts referred to in the preceding paragraph. 3. A chargee proposing to sell or grant a lease of an aircraft object under paragraph 1 shall give reasonable prior notice in writing of the proposed sale or lease to: (a) interested persons specified in Article 1(z)(i) and (ii); and (b) interested persons specified in Article 1(z)(iii) who have given notice of their rights to the chargee within a reasonable time prior to the sale or lease. C. 3 International Interests in Mobile Equipm 4. A chargee giving ten or more working days’ prior written notice of a proposed sale or lease to interested persons shall be deemed to satisfy the requirement of providing “reasonable prior notice” specified in the preceding paragraph. The foregoing shall not prevent a chargee and a chargor or a guarantor from agreeing to a longer period of prior notice. 5. Any sum collected or received by the chargee as a result of exercise of any of the remedies set out in paragraph 1 or 2 shall be applied towards discharge of the amount of the secured obligations. 6. Where the sums collected or received by the chargee as a result of the exercise of any remedy set out in paragraph 1 or 2 exceed the amount secured by the security interest and any reasonable costs incurred in the exercise of any such remedy, then unless otherwise ordered by the court the chargee shall distribute the surplus among holders of subsequently ranking interests which have been registered or of which the chargee has been given notice, in order of priority, and pay any remaining balance to the chargor. ARTICLE 13 VESTING OF AIRCRAFT OBJECT IN SATISFACTION; REDEMPTION 1. At any time after default as provided in Article 17, the chargee and all the interested persons may agree that ownership of (or any other interest of the chargor in) any aircraft object covered by the security interest shall vest in the chargee in or towards satisfaction of the secured obligations. 2. The court may on the application of the chargee order that ownership of (or any other interest of the chargor in) any aircraft object covered by the security interest shall vest in the chargee in or towards satisfaction of the secured obligations. 3. The court shall grant an application under the preceding paragraph only if the amount of the secured obligations to be satisfied by such vesting is commensurate with the value of the aircraft object after taking account of any payment to be made by the chargee to any of the interested persons. 4. At any time after default as provided in Article 17 and before sale of the charged aircraft object or the making of an order under paragraph 2, the chargor or any interested person may discharge the security interest by paying in full the amount secured, subject to any lease granted by the chargee 2004-2005 Garanties internationales portant sur des m under Article 12(1)(b) or ordered under Article 12(2). Where, after such default, the payment of the amount secured is made in full by an interested person other than the debtor, that person is subrogated to the rights of the chargee. 5. Ownership or any other interest of the chargor passing on a sale under Article 12(1)(b) or passing under paragraph 1 or 2 of this Article is free from any other interest over which the chargee’s security interest has priority under the provisions of Article 42. ARTICLE 14 REMEDIES OF CONDITIONAL SELLER OR LESSOR In the event of default under a title reservation agreement or under a leasing agreement as provided in Article 17, the conditional seller or the lessor, as the case may be, may: (a) subject to any declaration that may be made by a Contracting State under Article 70, terminate the agreement and take possession or control of any aircraft object to which the agreement relates; or (b) apply for a court order authorising or directing either of these acts. ARTICLE 15 ADDITIONAL REMEDIES OF CREDITOR 1. In addition to the remedies specified in Articles 12, 14, 16 and 20, the creditor may, to the extent that the debtor has at any time so agreed and in the circumstances specified in such provisions: (a) procure the de-registration of the aircraft; and (b) procure the export and physical transfer of the aircraft object from the territory in which it is situated. 2. The creditor shall not exercise the remedies specified in the preceding paragraph without the prior consent in writing of the holder of any registered interest ranking in priority to that of the creditor. 3. The registry authority in a Contracting State shall, subject to any applicable safety laws and regulations, honour a request for de-registration and export if: C. 3 International Interests in Mobile Equipm (a) the request is properly submitted by the authorised party under a recorded irrevocable de-registration and export request authorisation; and (b) the authorised party certifies to the registry authority, if required by that authority, that all registered interests ranking in priority to that of the creditor in whose favour the authorisation has been issued have been discharged or that the holders of such interests have consented to the deregistration and export. 4. A chargee proposing to procure the de-registration and export of an aircraft under paragraph 1 otherwise than pursuant to a court order shall give reasonable prior notice in writing of the proposed de-registration and export to: (a) interested persons specified in Article 1(z)(i) and (ii) of this Convention; and (b) interested persons specified in Article 1(z)(iii) of this Convention who have given notice of their rights to the chargee within a reasonable time prior to the de-registration and export. ARTICLE 16 ADDITIONAL REMEDIES UNDER APPLICABLE LAW Any additional remedies permitted by the applicable law, including any remedies agreed upon by the parties, may be exercised to the extent that they are not inconsistent with the mandatory provisions of this Chapter as set out in Article 22. ARTICLE 17 MEANING OF DEFAULT 1. The debtor and the creditor may at any time agree in writing as to the events that constitute a default or otherwise give rise to the rights and remedies specified in Articles 12 to 15 and 20. 2. Where the debtor and the creditor have not so agreed, “default” for the purposes of Articles 12 to 15 and 20 means a default which substantially deprives the creditor of what it is entitled to expect under the agreement. 2004-2005 Garanties internationales portant sur des m ARTICLE 18 DEBTOR PROVISIONS 1. In the absence of a default within the meaning of Article 17 of this Convention, the debtor shall be entitled to the quiet possession and use of the aircraft object in accordance with the agreement as against: (a) its creditor and the holder of any interest from which the debtor takes free pursuant to Article 42(5) or, in the capacity of buyer, Article 42(3) of this Convention, unless and to the extent that the debtor has otherwise agreed; and (b) the holder of any interest to which the debtor’s right or interest is subject pursuant to Article 42(5) or, in the capacity of buyer, Article 42(4) of this Convention, but only to the extent, if any, that such holder has agreed. 2. Nothing in this Convention affects the liability of a creditor for any breach of the agreement under the applicable law in so far as that agreement relates to an aircraft object. ARTICLE 19 STANDARD FOR EXERCISING REMEDIES Any remedy given by this Convention in relation to an aircraft object shall be exercised in a commercially reasonable manner. A remedy shall be deemed to be exercised in a commercially reasonable manner where it is exercised in conformity with a provision of the agreement except where such a provision is manifestly unreasonable. ARTICLE 20 RELIEF PENDING FINAL DETERMINATION 1. Subject to any declaration that it may make under Article 71(2), a Contracting State shall ensure that a creditor who adduces evidence of default by the debtor may, pending final determination of its claim and to the extent that the debtor has at any time so agreed, obtain from a court speedy relief in the form of such one or more of the following orders as the creditor requests: C. 3 International Interests in Mobile Equipm (a) preservation of the aircraft object and its value; (b) possession, control or custody of the aircraft object; (c) immobilisation of the aircraft object; (d) lease or, except where covered by sub-paragraphs (a) to (c), management of the aircraft object and the income therefrom; and (e) if at any time the debtor and the creditor specifically agree, sale and application of proceeds therefrom. 2. For the purposes of the preceding paragraph, “speedy” in the context of obtaining relief means within such number of working days from the date of filing of the application for relief as is specified in a declaration made by the Contracting State in which the application is made. 3. Ownership or any other interest of the debtor passing on a sale under sub-paragraph (e) of paragraph 1 of this Article is free from any other interest over which the creditor’s international interest has priority under the provisions of Article 42 of this Convention. 4. In making any order under paragraph 1 of this Article, the court may impose such terms as it considers necessary to protect the interested persons in the event that the creditor: (a) in implementing any order granting such relief, fails to perform any of its obligations to the debtor under this Convention; or (b) fails to establish its claim, wholly or in part, on the final determination of that claim. 5. The creditor and the debtor or any other interested person may agree in writing to exclude the application of the preceding paragraph. 6. Before making any order under paragraph 1, the court may require notice of the request to be given to any of the interested persons. 7. With regard to the remedies in Article 15(1): (a) they shall be made available by the registry authority and other administrative authorities, as applicable, in a Contracting State no later than five working days after the creditor notifies such authorities that the relief specified in Article 15(1) is granted or, in the case of relief granted by a foreign court, recognised by a court of that Contracting State, and that the creditor is entitled to procure those remedies in accordance with this Convention; and 2004-2005 Garanties internationales portant sur des m (b) the applicable authorities shall expeditiously cooperate with and assist the creditor in the exercise of such remedies in conformity with the applicable aviation safety laws and regulations. 8. Nothing in the preceding paragraphs affects the application of Article 19 or limits the availability of forms of interim relief other than those set out in paragraph 1. 9. Paragraphs 2 and 7 shall not affect any applicable aviation safety laws and regulations. 10. Paragraphs 2, 3, 5, 7 and 9 of this Article apply only where a Contracting State has made a declaration under Article 71(2) and to the extent stated in such declaration. ARTICLE 21 PROCEDURAL REQUIREMENTS Subject to Article 70(2), any remedy provided by this Chapter shall be exercised in conformity with the procedure prescribed by the law of the place where the remedy is to be exercised. ARTICLE 22 DEROGATION Any two or more of the parties referred to in this Chapter may at any time, by agreement in writing, exclude the application of Article 23 and, in their relations with each other, derogate from or vary the effect of any of the preceding provisions of this Chapter, except as stated in Articles 12(3) to (6), 13(3) and (4), 15(2), 19 and 21. ARTICLE 23 REMEDIES ON INSOLVENCY 1. This Article applies only where a Contracting State that is the primary insolvency jurisdiction has made a declaration pursuant to Article 71(3). C. 3 International Interests in Mobile Equipm Alternative A 2. Upon the occurrence of an insolvency-related event, the insolvency administrator or the debtor, as applicable, shall, subject to paragraph 7, give possession of the aircraft object to the creditor no later than the earlier of (a) the end of the waiting period; and (b) the date on which the creditor would be entitled to possession of the aircraft object if this Article did not apply. 3. For the purposes of this Article, the “waiting period” shall be the period specified in a declaration of the Contracting State which is the primary insolvency jurisdiction. 4. References in this Article to the “insolvency administrator” shall be to that person in its official, not in its personal, capacity. 5. Unless and until the creditor is given the opportunity to take possession under paragraph 2: (a) the insolvency administrator or the debtor, as applicable, shall preserve the aircraft object and maintain it and its value in accordance with the agreement; and (b) the creditor shall be entitled to apply for any other forms of interim relief available under the applicable law. 6. Sub-paragraph (a) of the preceding paragraph shall not preclude the use of the aircraft object under arrangements designed to preserve the aircraft object and maintain it and its value. 7. The insolvency administrator or the debtor, as applicable, may retain possession of the aircraft object where, by the time specified in paragraph 2, it has cured all defaults other than a default constituted by the opening of insolvency proceedings and has agreed to perform all future obligations under the agreement. A second waiting period shall not apply in respect of a default in the performance of such future obligations. 8. With regard to the remedies in Article 15(1): (a) they shall be made available by the registry authority and the administrative authorities in a Contracting State, as applicable, no later than five working days after the date on which the creditor notifies such authorities that it is entitled to procure those remedies in accordance with this Convention; and 2004-2005 Garanties internationales portant sur des m (b) the applicable authorities shall expeditiously cooperate with and assist the creditor in the exercise of such remedies in conformity with the applicable aviation safety laws and regulations. 9. No exercise of remedies permitted by this Convention may be prevented or delayed after the date specified in paragraph 2. 10. No obligations of the debtor under the agreement may be modified without the consent of the creditor. 11. Nothing in the preceding paragraph shall be construed to affect the authority, if any, of the insolvency administrator under the applicable law to terminate the agreement. 12. No rights or interests, except for non-consensual rights or interests of a category covered by a declaration pursuant to Article 52(1), shall have priority in insolvency proceedings over registered interests. 13. The provisions of this Convention shall apply to the exercise of any remedies under this Article. Alternative B 2. Upon the occurrence of an insolvency-related event, the insolvency administrator or the debtor, as applicable, upon the request of the creditor, shall give notice to the creditor within the time specified in a declaration of a Contracting State pursuant to Article 71(3) whether it will: (a) cure all defaults other than a default constituted by the opening of insolvency proceedings and agree to perform all future obligations, under the agreement and related transaction documents; or (b) give the creditor the opportunity to take possession of the aircraft object, in accordance with the applicable law. 3. The applicable law referred to in sub-paragraph (b) of the preceding paragraph may permit the court to require the taking of any additional step or the provision of any additional guarantee. 4. The creditor shall provide evidence of its claims and proof that its international interest has been registered. 5. If the insolvency administrator or the debtor, as applicable, does not give notice in conformity with paragraph 2, or when the insolvency administrator or the debtor has declared that it will give the creditor the opportunity to take possession of the aircraft object but fails to do so, the court C. 3 International Interests in Mobile Equipm may permit the creditor to take possession of the aircraft object upon such terms as the court may order and may require the taking of any additional step or the provision of any additional guarantee. 6. The aircraft object shall not be sold pending a decision by a court regarding the claim and the international interest. ARTICLE 24 INSOLVENCY ASSISTANCE 1. This Article applies only where a Contracting State has made a declaration pursuant to Article 71(1). 2. The courts of a Contracting State in which an aircraft object is situated shall, in accordance with the law of the Contracting State, co-operate to the maximum extent possible with foreign courts and foreign insolvency administrators in carrying out the provisions of Article 23. ARTICLE 25 DE-REGISTRATION AND EXPORT REQUEST AUTHORISATION 1. This Article applies only where a Contracting State has made a declaration pursuant to Article 71(1). 2. Where the debtor has issued an irrevocable deregistration and export request authorisation substantially in the form annexed to this Convention and has submitted such authorisation for recordation to the registry authority, that authorisation shall be so recorded. 3. The person in whose favour the authorisation has been issued (the “authorised party”) or its certified designee shall be the sole person entitled to exercise the remedies specified in Article 15(1) and may do so only in accordance with the authorisation and applicable aviation safety laws and regulations. Such authorisation may not be revoked by the debtor without the consent in writing of the authorised party. The registry authority shall remove an authorisation from the registry at the request of the authorised party. 4. The registry authority and other administrative authorities in Contracting States shall expeditiously co-operate with and assist the authorised party in the exercise of the remedies specified in Article 15. 2004-2005 Garanties internationales portant sur des m CHAPTER IV THE INTERNATIONAL REGISTRATION SYSTEM ARTICLE 26 THE INTERNATIONAL REGISTRY 1. An International Registry shall be established for registrations of: (a) international interests, prospective international interests and registrable non-consensual rights and interests; (b) assignments and prospective assignments of international interests; (c) acquisitions of international interests by legal or contractual subrogations under the applicable law; (d) notices of national interests; and (e) subordinations of interests referred to in any of the preceding sub-paragraphs. 2. For the purposes of this Chapter and Chapter V, the term “registration” includes, where appropriate, an amendment, extension or discharge of a registration. ARTICLE 27 THE SUPERVISORY AUTHORITY 1. There shall be a Supervisory Authority which shall be the international entity designated by a Resolution adopted by the Diplomatic Conference to Adopt a Mobile Equipment Convention and an Aircraft Protocol. 2. Where the international entity referred to in the preceding paragraph is not able and willing to act as Supervisory Authority, a Conference of Signatory and Contracting States shall be convened to designate another Supervisory Authority. 3. The Supervisory Authority may establish a commission of experts, from among persons nominated by Signatory and Contracting States and having the necessary qualifications and experience, and entrust it with the task of assisting the Supervisory Authority in the discharge of its functions. 4. The Supervisory Authority shall: (a) establish or provide for the establishment of the International Registry; (b) appoint and dismiss the Registrar; C. 3 International Interests in Mobile Equipm (c) ensure that any rights required for the continued effective operation of the International Registry in the event of a change of Registrar will vest in or be assignable to the new Registrar; (d) after consultation with the Contracting States, make or approve and ensure the publication of regulations dealing with the operation of the International Registry; (e) establish administrative procedures through which complaints concerning the operation of the International Registry can be made to the Supervisory Authority; (f) supervise the Registrar and the operation of the International Registry; (g) at the request of the Registrar, provide such guidance to the Registrar as the Supervisory Authority thinks fit; (h) set and periodically review the structure of fees to be charged for the services and facilities of the International Registry; (i) do all things necessary to ensure that an efficient noticebased electronic registration system exists to implement the objectives of this Convention; and (j) report periodically to Contracting States concerning the discharge of its obligations under this Convention. 5. The Supervisory Authority may enter into any agreement requisite for the performance of its functions, including any agreement referred to in Article 40(3). 6. The Supervisory Authority shall own all proprietary rights in the data bases and archives of the International Registry. 7. The first regulations shall be made by the Supervisory Authority so as to take effect upon the entry into force of the Convention and the Protocol. ARTICLE 28 THE REGISTRAR 1. The first Registrar shall operate the International Registry for a period of five years from the date of entry into force of the Convention and the Protocol. Thereafter, the Registrar shall be appointed or reappointed at regular fiveyearly intervals by the Supervisory Authority. 2. The Registrar shall ensure the efficient operation of the International Registry and perform the functions assigned to it by this Convention and the regulations. 2004-2005 Garanties internationales portant sur des m 3. The fees referred to in Article 27(4)(h) shall be determined so as to recover the reasonable costs of establishing, operating and regulating the International Registry and the reasonable costs of the Supervisory Authority associated with the performance of the functions, exercise of the powers, and discharge of the duties contemplated by Article 27(4) of this Convention. ARTICLE 29 DESIGNATED ENTRY POINTS 1. Subject to paragraph 2, a Contracting State may at any time designate an entity or entities in its territory as the entry point or entry points through which there shall or may be transmitted to the International Registry information required for registration other than registration of a notice of a national interest or a right or interest under Article 53 in either case arising under the laws of another State. A Contracting State making such a designation may specify the requirements, if any, to be satisfied before such information is transmitted to the International Registry. 2. A designation made under the preceding paragraph may permit, but not compel, use of a designated entry point or entry points for information required for registrations in respect of aircraft engines. ARTICLE 30 WORKING HOURS OF THE REGISTRATION FACILITIES The centralised functions of the International Registry shall be operated and administered by the Registrar on a twentyfour hour basis. The various entry points shall be operated at least during working hours in their respective territories. CHAPTER V MODALITIES OF REGISTRATION ARTICLE 31 REGISTRATION REQUIREMENTS 1. In accordance with this Convention, the regulations shall specify the requirements, including the criteria for the identification of the aircraft object: (a) for effecting a registration (which shall include provision for prior electronic transmission of any consent from any person whose consent is required under Article 33); C. 3 International Interests in Mobile Equipm (b) for making searches and issuing search certificates; and, subject thereto, (c) for ensuring the confidentiality of information and documents of the International Registry other than information and documents relating to a registration. 2. The Registrar shall not be under a duty to enquire whether a consent to registration under Article 33 has in fact been given or is valid. 3. Where an interest registered as a prospective international interest becomes an international interest, no further registration shall be required provided that the registration information is sufficient for a registration of an international interest. 4. The Registrar shall arrange for registrations to be entered into the International Registry data base and made searchable in chronological order of receipt, and the file shall record the date and time of receipt. ARTICLE 32 VALIDITY AND TIME OF REGISTRATION 1. A registration shall be valid only if made in conformity with Article 33. 2. A registration, if valid, shall be complete upon entry of the required information into the International Registry data base so as to be searchable. 3. A registration shall be searchable for the purposes of the preceding paragraph at the time when: (a) the International Registry has assigned to it a sequentially ordered file number; and (b) the registration information, including the file number, is stored in durable form and may be accessed at the International Registry. 4. If an interest first registered as a prospective international interest becomes an international interest, that international interest shall be treated as registered from the time of registration of the prospective international interest provided that the registration was still current immediately before the international interest was constituted as provided by Article 10. 5. The preceding paragraph applies with necessary modifications to the registration of a prospective assignment of an international interest. 2004-2005 Garanties internationales portant sur des m 6. A registration pertaining to an aircraft object shall be searchable in the International Registry data base according to the name of its manufacturer, its manufacturer’s serial number and its model designation, supplemented as necessary to ensure uniqueness. Such supplementary information shall be specified in the regulations. ARTICLE 33 CONSENT TO REGISTRATION 1. An international interest, a prospective international interest or an assignment or prospective assignment of an international interest may be registered, and any such registration amended or extended prior to its expiry, by either party with the consent in writing of the other. 2. The subordination of an international interest to another international interest may be registered by or with the consent in writing at any time of the person whose interest has been subordinated. 3. A registration may be discharged by or with the consent in writing of the party in whose favour it was made. 4. The acquisition of an international interest by legal or contractual subrogation may be registered by the subrogee. 5. A registrable non-consensual right or interest may be registered by the holder thereof. 6. A notice of a national interest may be registered by the holder thereof. ARTICLE 34 DURATION OF REGISTRATION 1. Registration of an international interest remains effective until discharged or until expiry of the period specified in the registration. 2. Registration of a contract of sale remains effective indefinitely. Registration of a prospective sale remains effective unless discharged or until expiry of the period, if any, specified in the registration. C. 3 International Interests in Mobile Equipm ARTICLE 35 SEARCHES 1. Any person may, in the manner prescribed by this Convention and the regulations, make or request a search of the International Registry by electronic means concerning interests or prospective international interests registered therein. 2. Upon receipt of a request therefor, the Registrar, in the manner prescribed by the regulations, shall issue a registry search certificate by electronic means with respect to any aircraft object: (a) stating all registered information relating thereto, together with a statement indicating the date and time of registration of such information; or (b) stating that there is no information in the International Registry relating thereto. 3. A search certificate issued under the preceding paragraph shall indicate that the creditor named in the registration information has acquired or intends to acquire an international interest in the object but shall not indicate whether what is registered is an international interest or a prospective international interest, even if this is ascertainable from the relevant registration information. ARTICLE 36 LIST OF DECLARATIONS AND DECLARED NONCONSENSUAL RIGHTS OR INTERESTS The Registrar shall maintain a list of declarations, withdrawals of declarations, and of the categories of nonconsensual right or interest communicated to the Registrar by the Depositary as having been declared by Contracting States in conformity with Articles 52 and 53 and the date of each such declaration or withdrawal of declaration. Such list shall be recorded and searchable in the name of the declaring State and shall be made available as provided in this Convention and the regulations to any person requesting it. ARTICLE 37 EVIDENTIARY VALUE OF CERTIFICATES A document in the form prescribed by the regulations which purports to be a certificate issued by the International Registry is prima facie proof: (a) that it has been so issued; and 2004-2005 Garanties internationales portant sur des m (b) of the facts recited in it, including the date and time of a registration. ARTICLE 38 DISCHARGE OF REGISTRATION 1. Where the obligations secured by a registered security interest or the obligations giving rise to a registered nonconsensual right or interest have been discharged, or where the conditions of transfer of title under a registered title reservation agreement have been fulfilled, the holder of such interest shall, without undue delay, procure the discharge of the registration after written demand by the debtor delivered to or received at its address stated in the registration. 2. Where a prospective international interest or a prospective assignment of an international interest has been registered, the intending creditor or intending assignee shall, without undue delay, procure the discharge of the registration after written demand by the intending debtor or assignor which is delivered to or received at its address stated in the registration before the intending creditor or assignee has given value or incurred a commitment to give value. 3. For the purpose of the preceding paragraph and in the circumstances there described, the holder of a registered prospective international interest or a registered prospective assignment of an international interest or the person in whose favour a prospective sale has been registered shall take such steps as are within its power to procure the discharge of the registration no later than five working days after the receipt of the demand described in such paragraph. 4. Where the obligations secured by a national interest specified in a registered notice of a national interest have been discharged, the holder of such interest shall, without undue delay, procure the discharge of the registration after written demand by the debtor delivered to or received at its address stated in the registration. 5. Where a registration ought not to have been made or is incorrect, the person in whose favour the registration was made shall, without undue delay, procure its discharge or amendment after written demand by the debtor delivered to or received at its address stated in the registration. C. 3 International Interests in Mobile Equipm ARTICLE 39 ACCESS TO THE INTERNATIONAL REGISTRATION FACILITIES No person shall be denied access to the registration and search facilities of the International Registry on any ground other than its failure to comply with the procedures prescribed by this Chapter. CHAPTER VI PRIVILEGES AND IMMUNITIES OF THE SUPERVISORY AUTHORITY AND THE REGISTRAR ARTICLE 40 LEGAL PERSONALITY; IMMUNITY 1. The Supervisory Authority shall have international legal personality where not already possessing such personality. 2. The Supervisory Authority and its officers and employees shall enjoy such immunity from legal and administrative process as is provided under the rules applicable to them as an international entity or otherwise. 3. (a) The Supervisory Authority shall enjoy exemption from taxes and such other privileges as may be provided by agreement with the host State. (b) For the purposes of this paragraph, “host State” means the State in which the Supervisory Authority is situated. 4. The assets, documents, data bases and archives of the International Registry shall be inviolable and immune from seizure or other legal or administrative process. 5. For the purposes of any claim against the Registrar under Article 41(1) or Article 56, the claimant shall be entitled to access to such information and documents as are necessary to enable the claimant to pursue its claim. 6. The Supervisory Authority may waive the inviolability and immunity conferred by paragraph 4 of this Article. 2004-2005 Garanties internationales portant sur des m CHAPTER VII LIABILITY OF THE REGISTRAR ARTICLE 41 LIABILITY AND FINANCIAL ASSURANCES 1. The Registrar shall be liable for compensatory damages for loss suffered by a person directly resulting from an error or omission of the Registrar and its officers and employees or from a malfunction of the international registration system except where the malfunction is caused by an event of an inevitable and irresistible nature, which could not be prevented by using the best practices in current use in the field of electronic registry design and operation, including those related to back-up and systems security and networking. 2. The Registrar shall not be liable under the preceding paragraph for factual inaccuracy of registration information received by the Registrar or transmitted by the Registrar in the form in which it received that information nor for acts or circumstances for which the Registrar and its officers and employees are not responsible and arising prior to receipt of registration information at the International Registry. 3. Compensation under paragraph 1 may be reduced to the extent that the person who suffered the damage caused or contributed to that damage. 4. The Registrar shall procure insurance or a financial guarantee covering the liability referred to in this Article to the extent determined by the Supervisory Authority in accordance with the provisions of this Convention. 5. The amount of the insurance or financial guarantee referred to in the preceding paragraph shall, in respect of each event, not be less than the maximum value of an aircraft object as determined by the Supervisory Authority. 6. Nothing in this Convention shall preclude the Registrar from procuring insurance or a financial guarantee covering events for which the Registrar is not liable under this Article. C. 3 International Interests in Mobile Equipm CHAPTER VIII EFFECTS OF AN INTERNATIONAL INTEREST AS AGAINST THIRD PARTIES ARTICLE 42 PRIORITY OF COMPETING INTERESTS 1. A registered interest has priority over any other interest subsequently registered and over an unregistered interest. 2. The priority of the first-mentioned interest under the preceding paragraph applies: (a) even if the first-mentioned interest was acquired or registered with actual knowledge of the other interest; and (b) even as regards value given by the holder of the firstmentioned interest with such knowledge. 3. A buyer of an aircraft object under a registered sale acquires its interest in that object free from an interest subsequently registered and from an unregistered interest, even if the buyer has actual knowledge of the unregistered interest. 4. A buyer of an aircraft object acquires its interest in that object subject to an interest registered at the time of its acquisition. 5. A conditional buyer or lessee acquires its interest in or right over that object: (a) subject to an interest registered prior to the registration of the international interest held by its conditional seller or lessor; and (b) free from an interest not so registered at that time even if it has actual knowledge of that interest. 6. The priority of competing interests or rights under this Article may be varied by agreement between the holders of those interests, but an assignee of a subordinated interest is not bound by an agreement to subordinate that interest unless at the time of the assignment a subordination had been registered relating to that agreement. 7. Any priority given by this Article to an interest in an aircraft object extends to proceeds. 8. This Convention: 2004-2005 Garanties internationales portant sur des m (a) does not affect the rights of a person in an item, other than an aircraft object, held prior to its installation on an aircraft object if under the applicable law those rights continue to exist after the installation; and (b) does not prevent the creation of rights in an item, other than an aircraft object, which has previously been installed on an aircraft object where under the applicable law those rights are created. 9. Ownership of or another right or interest in an aircraft engine shall not be affected by its installation on or removal from an aircraft. 10. Paragraph 8 of this Article applies to an item, other than an aircraft object, installed on an airframe, aircraft engine or helicopter. ARTICLE 43 EFFECTS OF INSOLVENCY 1. In insolvency proceedings against the debtor an international interest is effective if prior to the commencement of the insolvency proceedings that interest was registered in conformity with this Convention. 2. Nothing in this Article impairs the effectiveness of an international interest in the insolvency proceedings where that interest is effective under the applicable law. 3. Nothing in this Article affects any rules of law applicable in insolvency proceedings relating to the avoidance of a transaction as a preference or a transfer in fraud of creditors or any rules of procedure relating to the enforcement of rights to property which is under the control or supervision of the insolvency administrator. CHAPTER IX ASSIGNMENTS OF ASSOCIATED RIGHTS AND INTERNATIONAL INTERESTS; RIGHTS OF SUBROGATION ARTICLE 44 EFFECTS OF ASSIGNMENT 1. Except as otherwise agreed by the parties, an assignment of associated rights made in conformity with Article 45 also transfers to the assignee: (a) the related international interest; and C. 3 International Interests in Mobile Equipm (b) all the interests and priorities of the assignor under this Convention. 2. Nothing in this Convention prevents a partial assignment of the assignor’s associated rights. In the case of such a partial assignment the assignor and assignee may agree as to their respective rights concerning the related international interest assigned under the preceding paragraph but not so as adversely to affect the debtor without its consent. 3. Subject to paragraph 4, the applicable law shall determine the defences and rights of set-off available to the debtor against the assignee. 4. The debtor may at any time by agreement in writing waive all or any of the defences and rights of set-off referred to in the preceding paragraph other than defences arising from fraudulent acts on the part of the assignee. 5. In the case of an assignment by way of security, the assigned associated rights revest in the assignor, to the extent that they are still subsisting, when the obligations secured by the assignment have been discharged. ARTICLE 45 FORMAL REQUIREMENTS OF ASSIGNMENT 1. An assignment of associated rights transfers the related international interest only if it: (a) is in writing; (b) enables the associated rights to be identified under the contract from which they arise; and (c) in the case of an assignment by way of security, enables the obligations secured by the assignment to be determined in accordance with this Convention but without the need to state a sum or maximum sum secured. 2. An assignment of an international interest created or provided for by a security agreement is not valid unless some or all related associated rights are also assigned. 3. This Convention does not apply to an assignment of associated rights which is not effective to transfer the related international interest. 2004-2005 Garanties internationales portant sur des m ARTICLE 46 DEBTOR’S DUTY TO ASSIGNEE 1. To the extent that associated rights and the related international interest have been transferred in accordance with Articles 44 and 45, the debtor in relation to those rights and that interest is bound by the assignment and has a duty to make payment or give other performance to the assignee, if but only if: (a) the debtor has been given notice of the assignment in writing by or with the authority of the assignor; (b) the notice identifies the associated rights; and (c) the debtor has consented in writing, whether or not the consent is given in advance of the assignment or identifies the assignee. 2. Irrespective of any other ground on which payment or performance by the debtor discharges the latter from liability, payment or performance shall be effective for this purpose if made in accordance with the preceding paragraph. 3. Nothing in this Article shall affect the priority of competing assignments. ARTICLE 47 DEFAULT REMEDIES IN RESPECT OF ASSIGNMENT BY WAY OF SECURITY In the event of default by the assignor under the assignment of associated rights and the related international interest made by way of security, Articles 12, 13 and 15 to 21 apply in the relations between the assignor and the assignee (and, in relation to associated rights, apply in so far as those provisions are capable of application to intangible property) as if references: (a) to the secured obligation and the security interest were references to the obligation secured by the assignment of the associated rights and the related international interest and the security interest created by that assignment; (b) to the chargee or creditor and chargor or debtor were references to the assignee and assignor; (c) to the holder of the international interest were references to the assignee; and (d) to the aircraft object were references to the assigned associated rights and the related international interest. C. 3 International Interests in Mobile Equipm ARTICLE 48 PRIORITY OF COMPETING ASSIGNMENTS 1. Where there are competing assignments of associated rights and at least one of the assignments includes the related international interest and is registered, the provisions of Article 42 apply as if the references to a registered interest were references to an assignment of the associated rights and the related registered interest and as if references to a registered or unregistered interest were references to a registered or unregistered assignment. 2. Article 43 applies to an assignment of associated rights as if the references to an international interest were references to an assignment of the associated rights and the related international interest. ARTICLE 49 ASSIGNEE’S PRIORITY WITH RESPECT TO ASSOCIATED RIGHTS 1. The assignee of associated rights and the related international interest whose assignment has been registered only has priority under Article 48(1) over another assignee of the associated rights: (a) if the contract under which the associated rights arise states that they are secured by or associated with the object; and (b) to the extent that the associated rights are related to an aircraft object. 2. For the purpose of sub-paragraph (b) of the preceding paragraph, associated rights are related to an aircraft object only to the extent that they consist of rights to payment or performance that relate to: (a) a sum advanced and utilised for the purchase of the aircraft object; (b) a sum advanced and utilised for the purchase of another aircraft object in which the assignor held another international interest if the assignor transferred that interest to the assignee and the assignment has been registered; (c) the price payable for the aircraft object; (d) the rentals payable in respect of the aircraft object; or (e) other obligations arising from a transaction referred to in any of the preceding sub-paragraphs. 3. In all other cases, the priority of the competing assignments of the associated rights shall be determined by the applicable law. 2004-2005 Garanties internationales portant sur des m ARTICLE 50 EFFECTS OF ASSIGNOR’S INSOLVENCY The provisions of Article 43 apply to insolvency proceedings against the assignor as if references to the debtor were references to the assignor. ARTICLE 51 SUBROGATION 1. Subject to paragraph 2, nothing in this Convention affects the acquisition of associated rights and the related international interest by legal or contractual subrogation under the applicable law. 2. The priority between any interest within the preceding paragraph and a competing interest may be varied by agreement in writing between the holders of the respective interests but an assignee of a subordinated interest is not bound by an agreement to subordinate that interest unless at the time of the assignment a subordination had been registered relating to that agreement. CHAPTER X RIGHTS OR INTERESTS SUBJECT TO DECLARATIONS BY CONTRACTING STATES ARTICLE 52 RIGHTS HAVING PRIORITY WITHOUT REGISTRATION 1. A Contracting State may at any time, in a declaration deposited with the Depositary of the Protocol declare, generally or specifically: (a) those categories of non-consensual right or interest (other than a right or interest to which Article 53 applies) which under that State’s law have priority over an interest in an aircraft object equivalent to that of the holder of a registered international interest and which shall have priority over a registered international interest, whether in or outside insolvency proceedings; and (b) that nothing in this Convention shall affect the right of a State or State entity, intergovernmental organisation or other private provider of public services to arrest or detain an aircraft object under the laws of that State for payment of amounts owed to such entity, organisation or provider directly relating to those services in respect of that object or another aircraft object. C. 3 International Interests in Mobile Equipm 2. A declaration made under the preceding paragraph may be expressed to cover categories that are created after the deposit of that declaration. 3. A non-consensual right or interest has priority over an international interest if and only if the former is of a category covered by a declaration deposited prior to the registration of the international interest. 4. Notwithstanding the preceding paragraph, a Contracting State may, at the time of ratification, acceptance, approval of, or accession to the Protocol, declare that a right or interest of a category covered by a declaration made under subparagraph (a) of paragraph 1 shall have priority over an international interest registered prior to the date of such ratification, acceptance, approval or accession. ARTICLE 53 REGISTRABLE NON-CONSENSUAL RIGHTS OR INTERESTS A Contracting State may at any time in a declaration deposited with the Depositary of the Protocol list the categories of non-consensual right or interest which shall be registrable under this Convention as regards any aircraft object as if the right or interest were an international interest and shall be regulated accordingly. Such a declaration may be modified from time to time. CHAPTER XI JURISDICTION ARTICLE 54 CHOICE OF FORUM 1. Subject to Articles 55 and 56, the courts of a Contracting State chosen by the parties to a transaction have jurisdiction in respect of any claim brought under this Convention, whether or not the chosen forum has a connection with the parties or the transaction. Such jurisdiction shall be exclusive unless otherwise agreed between the parties. 2. Any such agreement shall be in writing or otherwise concluded in accordance with the formal requirements of the law of the chosen forum. 2004-2005 Garanties internationales portant sur des m ARTICLE 55 JURISDICTION UNDER ARTICLE 20 1. The courts of a Contracting State chosen by the parties in conformity with Article 54 and the courts of the Contracting State on the territory of which the aircraft object is situated or in which the aircraft is registered have jurisdiction to grant relief under Article 20(1)(a), (b), (c), and Article 20(8) in respect of that aircraft object or aircraft. 2. Jurisdiction to grant relief under Article 20(1)(d) and (e) or other interim relief by virtue of Article 20(8) may be exercised either: (a) by the courts chosen by the parties; or (b) by the courts of a Contracting State on the territory of which the debtor is situated, being relief which, by the terms of the order granting it, is enforceable only in the territory of that Contracting State. 3. A court has jurisdiction under the preceding paragraphs even if the final determination of the claim referred to in Article 20(1) will or may take place in a court of another Contracting State or by arbitration. ARTICLE 56 JURISDICTION TO MAKE ORDERS AGAINST THE REGISTRAR 1. The courts of the place in which the Registrar has its centre of administration shall have exclusive jurisdiction to award damages or make orders against the Registrar. 2. Where a person fails to respond to a demand made under Article 38 and that person has ceased to exist or cannot be found for the purpose of enabling an order to be made against it requiring it to procure discharge of the registration, the courts referred to in the preceding paragraph shall have exclusive jurisdiction, on the application of the debtor or intending debtor, to make an order directed to the Registrar requiring the Registrar to discharge the registration. 3. Where a person fails to comply with an order of a court having jurisdiction under this Convention or, in the case of a national interest, an order of a court of competent jurisdiction requiring that person to procure the amendment or discharge C. 3 International Interests in Mobile Equipm of a registration, the courts referred to in paragraph 1 may direct the Registrar to take such steps as will give effect to that order. 4. Except as otherwise provided by the preceding paragraphs, no court may make orders or give judgments or rulings against or purporting to bind the Registrar. ARTICLE 57 WAIVERS OF SOVEREIGN IMMUNITY 1. Subject to paragraph 2, a waiver of sovereign immunity from jurisdiction of the courts specified in Article 54 or 55 of this Convention or relating to enforcement of rights and interests relating to an aircraft object under this Convention shall be binding and, if the other conditions to such jurisdiction or enforcement have been satisfied, shall be effective to confer jurisdiction and permit enforcement, as the case may be. 2. A waiver under the preceding paragraph must be in writing and contain a description of the aircraft object. ARTICLE 58 JURISDICTION IN RESPECT OF INSOLVENCY PROCEEDINGS The provisions of this Chapter are not applicable to insolvency proceedings. CHAPTER XII RELATIONSHIP WITH OTHER CONVENTIONS ARTICLE 59 RELATIONSHIP WITH THE UNITED NATIONS CONVENTION ON THE ASSIGNMENT OF RECEIVABLES IN INTERNATIONAL TRADE This Convention shall prevail over the United Nations Convention on the Assignment of Receivables in International Trade, opened for signature in New York on 12 December 2001, as it relates to the assignment of receivables which are associated rights related to international interests in aircraft objects. 2004-2005 Garanties internationales portant sur des m ARTICLE 60 RELATIONSHIP WITH THE CONVENTION ON THE INTERNATIONAL RECOGNITION OF RIGHTS IN AIRCRAFT This Convention shall, for a Contracting State that is a Party to the Convention on the International Recognition of Rights in Aircraft, signed at Geneva on 19 June 1948, supersede that Convention as it relates to aircraft, as defined in this Convention, and to aircraft objects. However, with respect to rights or interests not covered or affected by the present Convention, the Geneva Convention shall not be superseded. ARTICLE 61 RELATIONSHIP WITH THE CONVENTION FOR THE UNIFICATION OF CERTAIN RULES RELATING TO THE PRECAUTIONARY ATTACHMENT OF AIRCRAFT 1. This Convention shall, for a Contracting State that is a Party to the Convention for the Unification of Certain Rules Relating to the Precautionary Attachment of Aircraft, signed at Rome on 29 May 1933, supersede that Convention as it relates to aircraft, as defined in this Convention. 2. A Contracting State that is a Party to the above Convention may declare, at the time of ratification, acceptance, approval of, or accession to the Protocol, that it will not apply this Article. ARTICLE 62 RELATIONSHIP WITH THE UNIDROIT CONVENTION ON INTERNATIONAL FINANCIAL LEASING This Convention shall supersede the UNIDROIT Convention on International Financial Leasing, signed at Ottawa on 28 May 1988, as it relates to aircraft objects. CHAPTER XIII FINAL PROVISIONS ARTICLE 63 SIGNATURE, RATIFICATION, ACCEPTANCE, APPROVAL OR ACCESSION (See Article 47 of the Convention and Article XXVI of the Protocol) C. 3 International Interests in Mobile Equipm ARTICLE 64 REGIONAL ECONOMIC INTEGRATION ORGANISATIONS 1. A Regional Economic Integration Organisation which is constituted by sovereign States and has competence over certain matters governed by the Convention and the Protocol may similarly sign, accept, approve or accede to the Convention and the Protocol. The Regional Economic Integration Organisation shall in that case have the rights and obligations of a Contracting State, to the extent that that Organisation has competence over matters governed by the Convention and the Protocol. Where the number of Contracting States is relevant in the Convention and the Protocol, the Regional Economic Integration Organisation shall not count as a Contracting State in addition to its Member States which are Contracting States. 2. The Regional Economic Integration Organisation shall, at the time of signature, acceptance, approval or accession, make a declaration to the Depositary specifying the matters governed by the Convention and the Protocol in respect of which competence has been transferred to that Organisation by its Member States. The Regional Economic Integration Organisation shall promptly notify the Depositary of any changes to the distribution of competence, including new transfers of competence, specified in the declaration under this paragraph. 3. Any reference to a “Contracting State” or “Contracting States” or “State Party” or “States Parties” in the Convention and the Protocol applies equally to a Regional Economic Integration Organisation where the context so requires. ARTICLE 65 ENTRY INTO FORCE (See Article 49 of the Convention and Article XXVIII of the Protocol) ARTICLE 66 INTERNAL TRANSACTIONS 1. A Contracting State may, at the time of ratification, acceptance, approval of, or accession to the Protocol, declare that this Convention shall not apply to a transaction which is an internal transaction in relation to that State with regard to all types of aircraft objects or some of them. 2004-2005 Garanties internationales portant sur des m 2. Notwithstanding the preceding paragraph, the provisions of Articles 12(3), 13(1), 26, Chapter V, Article 42, and any provisions of this Convention relating to registered interests shall apply to an internal transaction. 3. Where notice of a national interest has been registered in the International Registry, the priority of the holder of that interest under Article 42 shall not be affected by the fact that such interest has become vested in another person by assignment or subrogation under the applicable law. ARTICLE 67 FUTURE PROTOCOLS (See Article 51 of the Convention) ARTICLE 68 TERRITORIAL UNITS (See Article 52 of the Convention and Article XXIX of the Protocol) ARTICLE 69 DETERMINATION OF COURTS A Contracting State may, at the time of ratification, acceptance, approval of, or accession to the Protocol, declare the relevant “court” or “courts” for the purposes of Article 1 and Chapter XI of this Convention. ARTICLE 70 DECLARATIONS REGARDING REMEDIES 1. A Contracting State may, at the time of ratification, acceptance, approval of, or accession to the Protocol, declare that while the charged aircraft object is situated within, or controlled from its territory the chargee shall not grant a lease of the object in that territory. 2. A Contracting State shall, at the time of ratification, acceptance, approval of, or accession to the Protocol, declare whether or not any remedy available to the creditor under any provision of this Convention which is not there expressed to require application to the court may be exercised only with leave of the court. C. 3 International Interests in Mobile Equipm ARTICLE 71 DECLARATIONS RELATING TO CERTAIN PROVISIONS 1. A Contracting State may, at the time of ratification, acceptance, approval of, or accession to the Protocol, declare that it will apply any one or more of Articles 9, 24 and 25 of this Convention. 2. A Contracting State may, at the time of ratification, acceptance, approval of, or accession to the Protocol, declare that it will apply the provisions of Article 20(2), (3), (5), (7) and (9) wholly or in part. If it so declares with respect to Article 20(2), it shall specify the time-period required thereby. A Contracting State may also declare that it will not apply the provisions of Article 20(1), (4), (6), and (8), and of Article 55, wholly or in part; such declaration shall specify under which conditions the relevant Article will be applied, in case it will be applied partly, or otherwise which other forms of interim relief will be applied. 3. A Contracting State may, at the time of ratification, acceptance, approval of, or accession to the Protocol, declare that it will apply the entirety of Alternative A, or the entirety of Alternative B of Article 23 and, if so, shall specify the types of insolvency proceeding, if any, to which it will apply Alternative A and the types of insolvency proceeding, if any, to which it will apply Alternative B. A Contracting State making a declaration pursuant to this paragraph shall specify the time-period required by Article 23. 4. The courts of Contracting States shall apply Article 23 in conformity with the declaration made by the Contracting State which is the primary insolvency jurisdiction. ARTICLE 72 RESERVATIONS AND DECLARATIONS 1. No reservations may be made to this Convention but declarations authorised by Articles 52, 53, 61, 66, 68, 69, 70, 71, 73, 74 and 76 may be made in accordance with these provisions. 2. Any declaration or subsequent declaration or any withdrawal of a declaration made under this Convention shall be notified in writing to the Depositary. 2004-2005 Garanties internationales portant sur des m ARTICLE 73 SUBSEQUENT DECLARATIONS 1. A State Party may make a subsequent declaration, other than a declaration authorised under Article 76, at any time after the date on which the Convention and the Protocol have entered into force for it, by notifying the Depositary to that effect. 2. Any such subsequent declaration shall take effect on the first day of the month following the expiration of six months after the date of receipt of the notification by the Depositary. Where a longer period for that declaration to take effect is specified in the notification, it shall take effect upon the expiration of such longer period after receipt of the notification by the Depositary. 3. Notwithstanding the previous paragraphs, this Convention shall continue to apply, as if no such subsequent declarations had been made, in respect of all rights and interests arising prior to the effective date of any such subsequent declaration. ARTICLE 74 WITHDRAWAL OF DECLARATIONS 1. Any State Party having made a declaration under this Convention, other than a declaration authorised under Article 76, may withdraw it at any time by notifying the Depositary. Such withdrawal is to take effect on the first day of the month following the expiration of six months after the date of receipt of the notification by the Depositary. 2. Notwithstanding the previous paragraph, this Convention shall continue to apply, as if no such withdrawal of declaration had been made, in respect of all rights and interests arising prior to the effective date of any such withdrawal. ARTICLE 75 DENUNCIATIONS 1. Any State Party may denounce the Convention, or the Protocol or both by notification in writing to the Depositary. 2. Any such denunciation shall take effect on the first day of the month following the expiration of twelve months after the date of receipt of the notification by the Depositary. C. 3 International Interests in Mobile Equipm 3. Notwithstanding the previous paragraphs, this Convention shall continue to apply, as if no such denunciation had been made, in respect of all rights and interests arising prior to the effective date of any such denunciation. ARTICLE 76 TRANSITIONAL PROVISIONS 1. Unless otherwise declared by a Contracting State at any time, this Convention does not apply to a pre-existing right or interest, which retains the priority it enjoyed under the applicable law before the effective date of the Convention. 2. For the purposes of Article 1(hh) and of determining priority under this Convention: (a) “effective date of this Convention” means in relation to a debtor the time when the Convention enters into force or the time when the State in which the debtor is situated becomes a Contracting State, whichever is the later; and (b) the debtor is situated in a State where it has its centre of administration or, if it has no centre of administration, its place of business or, if it has more than one place of business, its principal place of business or, if it has no place of business, its habitual residence. 3. A Contracting State may in its declaration under paragraph 1 specify a date, not earlier than three years after the date on which the declaration becomes effective, when the Convention will become applicable, for the purpose of determining priority, including the protection of any existing priority, to pre-existing rights or interests arising under an agreement made at a time when the debtor was situated in a State referred to in sub-paragraph (b) of the preceding paragraph but only to the extent and in the manner specified in its declaration. ARTICLE 77 REVIEW CONFERENCES, AMENDMENTS AND RELATED MATTERS 1. The Depositary, in consultation with the Supervisory Authority, shall prepare reports yearly or at such other time as the circumstances may require for the States Parties as to the manner in which the international regimen established in this Convention has operated in practice. In preparing such 2004-2005 Garanties internationales portant sur des m reports, the Depositary shall take into account the reports of the Supervisory Authority concerning the functioning of the international registration system. 2. At the request of not less than twenty-five per cent of the States Parties, Review Conferences of States Parties shall be convened from time to time by the Depositary, in consultation with the Supervisory Authority, to consider: (a) the practical operation of this Convention and its effectiveness in facilitating the asset-based financing and leasing of the aircraft objects covered by its terms; (b) the judicial interpretation given to, and the application made of the terms of this Convention and the regulations; (c) the functioning of the international registration system, the performance of the Registrar and its oversight by the Supervisory Authority, taking into account the reports of the Supervisory Authority; and (d) whether any modifications to this Convention or the arrangements relating to the International Registry are desirable. 3. Subject to paragraph 4, any amendment to the Convention or the Protocol shall be approved by at least a two-thirds majority of States Parties participating in the Conference referred to in the preceding paragraph and shall then enter into force in respect of States which have ratified, accepted or approved such amendment when ratified, accepted, or approved by States in accordance with the provisions of Article 65 relating to their entry into force. 4. Where the proposed amendment to the Convention is intended to apply to more than one category of equipment, such amendment shall also be approved by at least a twothirds majority of States Parties to each Protocol that are participating in the Conference referred to in paragraph 2. ARTICLE 78 DEPOSITARY AND ITS FUNCTIONS 1. Instruments of ratification, acceptance, approval of or accession to the Convention and the Protocol, shall be deposited with the International Institute for the Unification of Private Law (UNIDROIT), which is hereby designated the Depositary. 2. The Depositary shall: (a) inform all Contracting States of: C. 3 International Interests in Mobile Equipm (i) each new signature or deposit of an instrument of ratification, acceptance, approval or accession, together with the date thereof; (ii) the date of entry into force of the Convention and the Protocol; (iii) each declaration made in accordance with this Convention, together with the date thereof; (iv) the withdrawal or amendment of any declaration, together with the date thereof; and (v) the notification of any denunciation of the Convention and the Protocol together with the date thereof and the date on which it takes effect; (b) transmit certified true copies of the Convention and the Protocol to all Contracting States; (c) provide the Supervisory Authority and the Registrar with a copy of each instrument of ratification, acceptance, approval or accession, together with the date of deposit thereof, of each declaration or withdrawal or amendment of a declaration and of each notification of denunciation, together with the date of notification thereof, so that the information contained therein is easily and fully available; and (d) perform such other functions customary for depositaries. IN WITNESS WHEREOF the undersigned Plenipotentiaries, having been duly authorised, have signed the Convention and the Protocol. ANNEX FORM OF IRREVOCABLE DE-REGISTRATION AND EXPORT REQUEST AUTHORISATION Referred to in Article 25 [Insert Date] To: [Insert Name of Registry Authority] Re: Irrevocable De-Registration and Export Request Authorisation The undersigned is the registered [operator] [owner]* of the [insert the airframe/helicopter manufacturer name and model number] bearing manufacturer’s serial number [insert manufacturer’s serial number] and registration [number] [mark] 2004-2005 Garanties internationales portant sur des m [insert registration number/mark] (together with all installed, incorporated or attached accessories, parts and equipment, the “aircraft”). This instrument is an irrevocable de-registration and export request authorisation issued by the undersigned in favour of [insert name of creditor] (“the authorised party”) under the authority of Article 25 of this Convention. In accordance with that Article, the undersigned hereby requests: (i) recognition that the authorised party or the person it certifies as its designee is the sole person entitled to: (a) procure the de-registration of the aircraft from the [insert name of aircraft register] maintained by the [insert name of registry authority] for the purposes of Chapter III of the Convention on International Civil Aviation, signed at Chicago, on 7 December 1944; and (b) procure the export and physical transfer of the aircraft from [insert name of country]; and (ii) confirmation that the authorised party or the person it certifies as its designee may take the action specified in clause (i) above on written demand without the consent of the undersigned and that, upon such demand, the authorities in [insert name of country] shall co-operate with the authorised party with a view to the speedy completion of such action. The rights in favour of the authorised party established by this instrument may not be revoked by the undersigned without the written consent of the authorised party. * Select the term that reflects the relevant nationality registration criterion. Please acknowledge your agreement to this request and its terms by appropriate notation in the space provided below and lodging this instrument in [insert name of registry authority]. __________________________ [insert name of operator/owner] Agreed to and lodged this [insert date] By: [insert name of signatory] Its: [insert title of signatory] __________________________ [insert relevant notational details] Published under authority of the Speaker of the House of Commons Available from: Publishing and Depository Services PWGSC, Ottawa, ON K1A 0S5 Also available on the Parliamentary Intern Aussi disponible sur le réseau électronique « Parliam http://www Available from: Publishing and Depository Services PWGSC, Ottawa, ON K1A 0S5

First Session, Thirty-eighth Parliament, 53-54 Elizabeth II, 2004-2005 STATUTES OF CANADA 2005 CHAPTER 2 An Act to amend the Department of Canadian Heritage Act and the Parks Canada Agency Act and to make related amendments to other Acts ASSENTED TO 24th FEBRUARY, 2005 BILL C-7 SUMMARY The purpose of these amendments is to transfer responsibility for the Parks Canada Agency, and certain associated functions, from the Minister of Canadian Heritage to the Minister of the Environment. All parliamentary publications are available on the Parliamentary Internet Parlementaire at the following address: http://www.parl.gc.ca 53-54 ELIZABETH II —————— CHAPTER 2 An Act to amend the Department of Canadian Heritage Act and the Parks Canada Agency Act and to make related amendments to other Acts [Assented to 24th February, 2005] Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: RESPONSIBILITY FOR PARKS CANADA AGENCY 1995, c. 11 DEPARTMENT OF CANADIAN HERITAGE ACT 1. (1) Subsection 4(1) of the Department of Canadian Heritage Act is replaced by the following: Minister’s powers, duties and functions 4. (1) The powers, duties and functions of the Minister extend to and include all matters over which Parliament has jurisdiction, not by law assigned to any other department, board or agency of the Government of Canada, relating to Canadian identity and values, cultural development and heritage. 2002, c. 18, s. 32(F) (2) Paragraph 4(2)(e) of the Act is replaced by the following: (e) national battlefields; 2. Section 5 of the Act is replaced by the following: General duties 5. In exercising the powers and performing the duties and functions assigned to the Minister by section 4, the Minister shall initiate, recommend, coordinate, implement and pro2 C. 2 Department of Canadian Herita mote national policies, projects and programs with respect to Canadian identity and values, cultural development and heritage. 1998, c. 31 PARKS CANADA AGENCY ACT 3. (1) The definition “Minister” in subsection 2(1) of the Parks Canada Agency Act is replaced by the following: “Minister” « ministre » “Minister” means the Minister of the Environment. (2) Paragraph (a) of the definition “heritage protection programs” in subsection 2(1) of the Act is replaced by the following: (a) heritage railway stations and federal heritage buildings; 2002, c. 18, s. 34(1) (3) Paragraph (a) of the definition “other protected heritage areas” in subsection 2(1) of the Act is replaced by the following: (a) historic canals; (4) Paragraph (c) of the definition “other protected heritage areas” in subsection 2(1) of the English version of the Act is replaced by the following: (c) any other areas within the jurisdiction of the Minister that are of Canadian natural or historical significance and that the Minister may, with the approval of the Governor in Council, specify for the purposes of this definition. 4. Section 4 of the Act is replaced by the following: Minister responsible 4. (1) The Minister is responsible for the Agency and the powers, duties and functions of the Minister, in that capacity, extend to and include all matters over which Parliament has jurisdiction, not by law assigned to any other department, board or agency of the Government of Canada, relating to (a) areas of natural or historical significance to the nation, including national parks, national marine conservation areas, national historic sites, historic canals, historic mu2004-2005 Ministère du Patrimoine cana seums established under the Historic Sites and Monuments Act and Saguenay-St. Lawrence Marine Park; (b) heritage railway stations, federal heritage buildings, historic places in Canada, federal archaeology and Canadian heritage rivers; and (c) the design and implementation of programs that relate primarily to built heritage. Ministerial direction (2) The Minister has the overall direction of the Agency, which shall comply with any general or special direction given by the Minister with reference to the carrying out of its responsibilities. Exception (3) Notwithstanding subsection (2), no direction may be given with respect to the matters referred to in section 13. 5. Paragraph 5(3)(a) of the Act is replaced by the following: (a) any power, duty or function of the Minister under this Act, other than those referred to in subsection 4(1); RELATED AMENDMENTS 2002, c. 18 CANADA NATIONAL MARINE CONSERVATION AREAS ACT 6. The definition “Minister” in subsection 2(1) of the Canada National Marine Conservation Areas Act is replaced by the following: “Minister” « ministre » “Minister” means the Minister responsible for the Parks Canada Agency. 2000, c. 32 CANADA NATIONAL PARKS ACT 7. The definition “Minister” in subsection 2(1) of the Canada National Parks Act is replaced by the following: “Minister” « ministre » “Minister” means the Minister responsible for the Parks Canada Agency. 4 2001, c. 26 C. 2 Department of Canadian Herita CANADA SHIPPING ACT, 2001 8. Subsection 150(2) of the Canada Shipping Act, 2001 is replaced by the following: Regulations — Minister and Minister responsible for Parks Canada Agency (2) The Governor in Council may, on the recommendation of the Minister and the Minister responsible for the Parks Canada Agency, make regulations respecting the salvage of wreck or classes of wreck specified by regulations made under paragraph 163(2)(a). 9. (1) The portion of subsection 163(2) of the Act before paragraph (a) is replaced by the following: Regulations — Minister and Minister responsible for Parks Canada Agency (2) The Governor in Council may, on the joint recommendation of the Minister and the Minister responsible for the Parks Canada Agency, make regulations (2) Paragraph 163(2)(d) of the Act is replaced by the following: (d) authorizing the Minister and the Minister responsible for the Parks Canada Agency to jointly enter into agreements or arrangements respecting the administration or enforcement of any provision of the regulations made under this subsection and to authorize any person or organization with whom an agreement or arrangement is entered into to exercise the powers or perform the duties under those regulations that are specified in the agreement or arrangement; R.S., c. 52 (4th Supp.) HERITAGE RAILWAY STATIONS PROTECTION ACT 10. The definition “Minister” in subsection 2(1) of the Heritage Railway Stations Protection Act is replaced by the following: “Minister” « ministre » “Minister” means the Minister responsible for the Parks Canada Agency; R.S., c. H-4 HISTORIC SITES AND MONUMENTS ACT 1995, c. 11, s. 23 11. The definition “Minister” in section 2 of the Historic Sites and Monuments Act is replaced by the following: 2004-2005 “Minister” « ministre » 1995, c. 11, s. 24 Ministère du Patrimoine cana “Minister” means the Minister responsible for the Parks Canada Agency. 12. Paragraph 4(1)(c) of the Act is replaced by the following: (c) an officer of the Parks Canada Agency designated by the Minister; and 1997, c. 37 SAGUENAY-ST. LAWRENCE MARINE PARK ACT 13. The definition “Minister” in section 2 of the Saguenay-St. Lawrence Marine Park Act is replaced by the following: “Minister” « ministre » “Minister” means the Minister responsible for the Parks Canada Agency. 2002, c. 29 SPECIES AT RISK ACT 2002, c. 29, s. 141.1 14. Paragraph (a) of the definition “competent minister” in subsection 2(1) of the Species at Risk Act is replaced by the following: (a) the Minister responsible for the Parks Canada Agency with respect to individuals in or on federal lands administered by that Agency; 15. Subsection 7(1) of the Act is replaced by the following: Composition 7. (1) The Canadian Endangered Species Conservation Council consists of the Minister of the Environment, the Minister of Fisheries and Oceans, the Minister responsible for the Parks Canada Agency and ministers of the government of a province or a territory who are responsible for the conservation and management of a wildlife species in that province or territory. 16. Subsection 8(2) of the Act is replaced by the following: Delegation (2) The Minister, the Minister responsible for the Parks Canada Agency or the Minister of Fisheries and Oceans may, after consultation with the other two ministers, delegate to any minister of the Crown in right of Canada or of a province or to any person who is employed by the Government of Canada, the government of a C. 2 Department of Canadian Herita province or any other government in Canada any of that Minister’s powers or functions under this Act, relating to its enforcement. 17. Section 9 of the Act is replaced by the following: Advisory committees to assist Minister 9. (1) The Minister may, after consultation with the Minister responsible for the Parks Canada Agency and the Minister of Fisheries and Oceans, establish one or more committees to advise the Minister on the administration of this Act. Advisory committees to assist Council (2) The Minister may, after consultation with the Minister responsible for the Parks Canada Agency, the Minister of Fisheries and Oceans and the Canadian Endangered Species Conservation Council, establish one or more committees to advise the Council on matters related to the Council’s role. 18. Subsection 21(2) of the Act is replaced by the following: Content (2) The Minister may, after consultation with COSEWIC, the Minister responsible for the Parks Canada Agency and the Minister of Fisheries and Oceans, make regulations establishing the content of status reports. 19. Subsection 22(2) of the Act is replaced by the following: Regulations (2) The Minister may, after consultation with the Minister responsible for the Parks Canada Agency, the Minister of Fisheries and Oceans and the Canadian Endangered Species Conservation Council, make regulations respecting the making of applications to COSEWIC under subsection (1) and the dealing with of those applications by COSEWIC. 20. Subsection 28(3) of the Act is replaced by the following: Regulations (3) The Minister may, after consultation with the Minister responsible for the Parks Canada Agency, the Minister of Fisheries and Oceans and the Canadian Endangered Species Conservation Council, make regulations respecting the making of applications to COSEWIC under subsection (1) and the dealing with of those applications by COSEWIC. 2004-2005 Ministère du Patrimoine cana 21. Subsection 41(4) of the Act is replaced by the following: Regulations (4) The Governor in Council may, on the recommendation of the Minister after consultation with the Minister responsible for the Parks Canada Agency and the Minister of Fisheries and Oceans, make regulations for the purpose of paragraph (1)(e) prescribing matters to be included in a recovery strategy. 22. Subsection 49(2) of the Act is replaced by the following: Regulations (2) The Governor in Council may, on the recommendation of the Minister after consultation with the Minister responsible for the Parks Canada Agency and the Minister of Fisheries and Oceans, make regulations for the purpose of paragraph (1)(f) prescribing matters to be included in an action plan. 23. Subsection 73(10) of the Act is replaced by the following: Regulations (10) The Minister may, after consultation with the Minister responsible for the Parks Canada Agency and the Minister of Fisheries and Oceans, make regulations respecting the entering into of agreements, the issuance of permits and the renewal, revocation, amendment and suspension of agreements and permits. 24. Section 84 of the Act is replaced by the following: Regulations 84. The Governor in Council may, on the recommendation of the Minister after consultation with the Minister responsible for the Parks Canada Agency and the Minister of Fisheries and Oceans, make regulations for the purpose of paragraph 83(5)(g). 25. Sections 121 and 122 of the Act are replaced by the following: Regulations 121. The Governor in Council may, on the recommendation of the Minister after consultation with the Minister responsible for the Parks Canada Agency and the Minister of Fisheries and Oceans, make regulations respecting the form of the public registry, the keeping of the public registry and access to it. C. 2 Protection from proceedings 122. Despite any other Act of Parliament, no civil or criminal proceedings may be brought against Her Majesty in right of Canada, the Minister, the Minister responsible for the Parks Canada Agency, the Minister of Fisheries and Oceans or any person acting on behalf of or under the direction of any of them for the full or partial disclosure in good faith of any notice or other document through the public registry or any consequences of its disclosure. Department of Canadian Herita 26. The portion of subsection 125(1) of the Act before paragraph (a) is replaced by the following: Regulations 125. (1) The Governor in Council may, on the recommendation of the Minister and the President of the Treasury Board, after the Minister has consulted the Minister responsible for the Parks Canada Agency and the Minister of Fisheries and Oceans, make regulations Published under authority of the Speaker of the House of Commons Available from: Publishing and Depository Services PWGSC, Ottawa, ON K1A 0S5 Also available on the Parliamentary Intern Aussi disponible sur le réseau électronique « Parliam http://www Available from: Publishing and Depository Services PWGSC, Ottawa, ON K1A 0S5

First Session, Thirty-eighth Parliament, 53-54 Elizabeth II, 2004-2005 STATUTES OF CANADA 2005 CHAPTER 17 An Act to amend the Citizenship Act ASSENTED TO 5th MAY, 2005 BILL S-2 SUMMARY This enactment is designed to remedy the situation where a person has, as a child, lost their Canadian citizenship by law because a parent of that person acquired the nationality or citizenship of a country other than Canada or renounced his or her Canadian citizenship. This enactment makes it easier for such a person to regain their Canadian citizenship as they will no longer have to reside in Canada as a permanent resident for a year before applying for citizenship. All parliamentary publications are available on the Parliamentary Internet Parlementaire at the following address: http://www.parl.gc.ca L son pare a ré L cito pen man 53-54 ELIZABETH II CHAPTER 17 An Act to amend the Citizenship Act Loi [Assented to 5th May, 2005] R.S., c. C-29 Exception Her Majesty, by and with the advice and 1 Sa consent of the Senate and House of Com- 2 men 3 nes d mons of Canada, enacts as follows: 1. Section 11 of the Citizenship Act is amended by adding the following after subsection (1): 1. L té e para (1.1) The requirement set out in paragraph (1)(d) does not apply to a person who ceased to be a citizen, before February 15, 1977, because a parent of that person ceased to be a citizen as a result of (1. ne s la ci ce q toye (a) acquiring the nationality or citizenship of a country other than Canada; or a n (b) renouncing his or her Canadian citizenship. b Published under authority of the Senate of Canada Publ Available from: PWGSC — Publishing and Depository Services Ottawa, Ontario K1A 0S5 Disp TPSG Ottaw Also available on the Internet: http://www.parl.gc.ca Auss

First Session, Thirty-eighth Parliament, 53-54 Elizabeth II, 2004-2005 STATUTES OF CANADA 2005 CHAPTER 49 An Act to authorize payments to provide assistance in relation to energy costs, housing energy consumption and public transit infrastructure, and to make consequential amendments to certain Acts ASSENTED TO 25th NOVEMBER, 2005 BILL C-66 RECOMMENDATION Her Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled “An Act to authorize payments to provide assistance in relation to energy costs, housing energy consumption and public transit infrastructure, and to make consequential amendments to certain Acts”. SUMMARY Part 1 of the enactment authorizes the making of payments to families who are eligible for the National Child Benefit Supplement, and to seniors who are eligible for the Guaranteed Income Supplement and Allowance under the Old Age Security Act, in order to deliver one-time relief for energy costs. Part 2 authorizes payments of up to $500 million for the period beginning on April 1, 2005 and ending on March 31, 2010 to provide assistance for reducing housing energy consumption. It also authorizes additional funding of up to $338 million for the EnerGuide for Houses Retrofit Incentive Program. Part 3 authorizes payments of up to $400 million for each of fiscal years 2005-2006 and 2006-2007 for public transit infrastructure. All parliamentary publications are available on the Parliamentary Internet Parlementaire at the following address: http://www.parl.gc.ca TABLE OF PROVISIONS AN ACT TO AUTHORIZE PAYMENTS TO PROVIDE ASSISTANCE IN RELATION TO ENERGY COSTS, HOUSING ENERGY CONSUMPTION AND PUBLIC TRANSIT INFRASTRUCTURE, AND TO MAKE CONSEQUENTIAL AMENDMENTS TO CERTAIN ACTS SHORT TITLE 1. Energy Costs Assistance Measures Act. PART 1 ENERGY COST BENEFIT 2. One-time payment — National Child Benefit Supplement recipients 3. One-time payment — Guaranteed Income Supplement and Allowance recipients 4. Deemed refund of tax CONSEQUENTIAL AMENDMENTS 5-6. Income Tax Act 7. Old Age Security Act PART 2 REDUCTION OF HOUSING ENERGY CONSUMPTION 8. Payments to the Canada Mortgage and Housing Corporation 9. Minister of Natural Resources PART 3 PUBLIC TRANSIT 10. Minister of State (Infrastructure and Communities) PART 4 COORDINATING AMENDMENTS 11. 2005, c. 35 12. Bill C-26 53-54 ELIZABETH II —————— CHAPTER 49 An Act to authorize payments to provide assistance in relation to energy costs, housing energy consumption and public transit infrastructure, and to make consequential amendments to certain Acts [Assented to 25th November, 2005] Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: SHORT TITLE Short title 1. This Act may be cited as the Energy Costs Assistance Measures Act. PART 1 ENERGY COST BENEFIT One-time payment — National Child Benefit Supplement recipients 2. (1) Subject to subsection (2), the Minister of National Revenue is authorized to make, out of the Consolidated Revenue Fund, a payment to a person of $250 if (a) that Minister determines before 2009 that an overpayment on account of the person’s liability under Part I of the Income Tax Act is deemed, under subsection 122.61(1) of that Act, or would be so deemed if that Act were read without reference to its subsection 122.61(2), to have arisen during January 2006 in relation to the person’s 2004 taxation year (as defined in subsection 249(1) of that Act); and C. 49 Energy Costs Ass (b) a portion of that overpayment may reasonably be considered to be in respect of an amount determined for the description of C in subsection 122.61(1) of that Act. Shared payment (2) If a person would, but for the expression “during January 2006” in subsection (1), be a person referred to in that subsection in respect of one or more children, and there is another person to whom that subsection applies in respect of those children, the Minister of National Revenue is authorized to pay to each of those persons, out of the Consolidated Revenue Fund, any portion of $250 that the Minister considers reasonable in the circumstances. One-time payment — Guaranteed Income Supplement and Allowance recipients 3. (1) The Minister of Human Resources Development is authorized to make, out of the Consolidated Revenue Fund, a payment to a person of $125 if that Minister determines before 2009 that a supplement under subsection 11(1) of the Old Age Security Act or an allowance under subsection 19(1) or 21(1) of that Act is payable to the person for any month in the payment quarter commencing January 1, 2006. Restriction (2) No payment shall be made to a person if the Minister of Human Resources Development is informed by the Minister of National Revenue that either the person or the person’s cohabiting spouse or common-law partner (as defined in section 122.6 of the Income Tax Act) has received, or can reasonably be expected to receive, a payment referred to in section 2. Deemed refund of tax 4. For the purposes of section 160.1 of the Income Tax Act, an amount paid to a person under section 2 or 3 is deemed to be an amount that has been refunded to the person as a consequence of the operation of section 122.61 of that Act. CONSEQUENTIAL AMENDMENTS R.S., c. 1 (5th Supp.) Income Tax Act 5. Subsection 81(1) of the Income Tax Act is amended by adding the following after paragraph (g.4): 2004-2005 Energy cost relief Mesures d’aide liées (g.5) an amount received pursuant to Part 1 of the Energy Costs Assistance Measures Act; 6. Paragraph 241(4)(d) of the Act is amended by adding the following after subparagraph (vii.1): (vii.2) to an official solely for the purposes of the administration and enforcement of Part 1 of the Energy Costs Assistance Measures Act, R.S., c. O-9 Old Age Security Act 1999, c. 17, s. 171 7. Paragraph 33.03(2)(a) of the Old Age Security Act is replaced by the following: (a) the Canada Customs and Revenue Agency, if the information is necessary for the purpose of the administration of the Income Tax Act or Part 1 of the Energy Costs Assistance Measures Act; PART 2 REDUCTION OF HOUSING ENERGY CONSUMPTION Payments to the Canada Mortgage and Housing Corporation 8. (1) Subject to any terms and conditions that the Treasury Board may approve, the Minister designated for the purposes of the National Housing Act may, for the period beginning on April 1, 2005 and ending on March 31, 2010, make direct payments, in an aggregate amount of not more than $425 million, to the Canada Mortgage and Housing Corporation for the purpose of providing funding for measures to reduce the energy consumption of housing projects as defined in section 2 of that Act, including the costs and expenses of the implementation and administration of those measures. Payments out of C.R.F. (2) Any amount payable under this section may be paid out of the Consolidated Revenue Fund by the Minister referred to in subsection (1) at the times and in the manner that that Minister considers appropriate. C. 49 Minister of Natural Resources 9. On the requisition of the Minister of Natural Resources, there may, out of the Consolidated Revenue Fund, be paid and applied, for the period beginning on April 1, 2005 and ending on March 31, 2010, Energy Costs Ass (a) a sum in an aggregate amount of not more than $75 million for the purpose of carrying out the powers referred to in paragraphs 21(a) to (c) and (e) of the Energy Efficiency Act and supporting the measures to reduce the energy consumption of housing projects referred to in subsection 8(1) of this Act; and (b) a sum in an aggregate amount of not more than $338 million for the purpose of providing additional funding for the EnerGuide for Houses Retrofit Incentive Program undertaken under section 21 of the Energy Efficiency Act, including the costs and expenses of the administration of that program. PART 3 PUBLIC TRANSIT Minister of State (Infrastructure and Communities) 10. (1) Subject to any terms and conditions that the Treasury Board may approve, on the requisition of the Minister of State (Infrastructure and Communities), there may, out of the Consolidated Revenue Fund, be paid and applied, for each of fiscal years 2005-2006 and 2006-2007, a sum in an aggregate amount of not more than $400 million for public transit infrastructure. Authorization (2) For the purposes of subsection (1), the Minister of State (Infrastructure and Communities) may (a) develop and implement programs and projects; (b) enter into an agreement with the government of a province, a municipality or any other organization or any person; (c) make a grant or contribution or any other payment; and (d) subject to the approval of the Treasury Board, supplement any appropriation by Parliament. 2004-2005 Mesures d’aide liées PART 4 COORDINATING AMENDMENTS 2005, c. 35 11. On the later of the day on which section 67 of the Department of Social Development Act, chapter 35 of the Statutes of Canada, 2005, comes into force and the day on which this Act is assented to, the expression “Minister of Human Resources Development” is replaced by the expression “Minister of Social Development” in section 3 of this Act. Bill C-26 12. If Bill C-26, introduced in the 1st session of the 38th Parliament and entitled the Canada Border Services Agency Act, receives royal assent and section 7 of this Act comes into force after paragraph 138(o) of that Act, then paragraph 33.03(2)(a) of the Old Age Security Act is replaced by the following: (a) the Canada Revenue Agency, if the information is necessary for the purpose of the administration of the Income Tax Act or Part 1 of the Energy Costs Assistance Measures Act; Published under authority of the Speaker of the House of Commons Available from: Publishing and Depository Services PWGSC, Ottawa, ON K1A 0S5 Also available on the Parliamentary Intern Aussi disponible sur le réseau électronique « Parliam http://www Available from: Publishing and Depository Services PWGSC, Ottawa, ON K1A 0S5

First Session, Thirty-eighth Parliament, 53-54 Elizabeth II, 2004-2005 STATUTES OF CANADA 2005 CHAPTER 48 An Act to provide first nations with the option of managing and regulating oil and gas exploration and exploitation and of receiving moneys otherwise held for them by Canada ASSENTED TO 25th NOVEMBER, 2005 BILL C-54 RECOMMENDATION Her Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled “An Act to provide first nations with the option of managing and regulating oil and gas exploration and exploitation and of receiving moneys otherwise held for them by Canada”. SUMMARY The purpose of this enactment is to enable any first nation subject to the Indian Act, if it chooses to do so, to assume the direct management and regulation of oil and gas exploration and exploitation currently carried out on its behalf by Indian Oil and Gas Canada. It would also allow any first nation to receive and manage moneys that are derived from any source on reserve lands and that would otherwise be retained or collected, and managed on its behalf, by the Minister of Indian Affairs and Northern Development. The decision to do so, in either case, would be made in a referendum conducted among eligible members of the first nation. All parliamentary publications are available on the Parliamentary Internet Parlementaire at the following address: http://www.parl.gc.ca TABLE OF PROVISIONS AN ACT TO PROVIDE FIRST NATIONS WITH THE OPTION OF MANAGING AND REGULATING OIL AND GAS EXPLORATION AND EXPLOITATION AND OF RECEIVING MONEYS OTHERWISE HELD FOR THEM BY CANADA Preamble SHORT TITLE 1. First Nations Oil and Gas and Moneys Management Act 2. Definitions 3. For greater certainty 4. Territorial lands 5. Individual moneys INTERPRETATION AND APPLICATION REQUESTS FOR TRANSFER 6. Council resolution — oil and gas 7. Council resolution — moneys 8. Information from Minister — oil and gas 9. Information from Minister — moneys REQUIREMENTS FOR TRANSFER 10. Oil and gas code 11. Financial code for moneys received from Canada 12. Law of trusts 13. Councillors as trustees 14. Security required of trustees 15. Oil and gas transfer agreement 16. Moneys payment agreement APPROVAL PROCEDURE 17. Approval of transfer 18. Approval of payment 19. Combined vote on oil, gas and moneys 20. Eligibility to vote i 21. Approval by majority vote TRANSFERS TO FIRST NATIONS OIL AND GAS 22. Additions to Schedule 1 23. Transfer of contracts 24. Rights and interests under contracts 25. Managed area 26. Registration of lands 27. Liability for transfer 28. Past liability MONEYS 29. Additions to Schedule 2 30. Initial payment of moneys 31. Subsequent payments 32. Liability for payment 33. Past liability 34. Ownership and management 35. Laws re exploration and exploitation 36. Excluded jurisdiction 37. Projects to be subject to environmental assessment 38. Environmental protection 39. Oil and gas conservation 40. Limitation on penalties 41. Powers re inspections, searches, etc. 42. Incorporation by reference 43. Agreement with province 44. Public access to oil and gas laws 45. International obligations POWERS RELATING TO OIL AND GAS GENERAL 46. Legal capacity of first nations 47. Public access to financial codes 48. Accounts — oil and gas 49. Accounts — moneys 50. Audit of statements 51. Expropriation by Canada 52. Prosecutions ii 53. Disposition of fines and property APPLICATION OF OTHER LAWS OIL AND GAS 54. Indian Act 55. First Nations Land Management Act and Indian Oil and Gas Act 56. Environmental assessment laws 57. Other environmental laws 58. Labour laws 59. Inconsistencies among first nation laws 60. Indian Act 61. Financial Administration Act 62. Regulations 63. Environmental assessment laws 64. Order in council MONEYS REGULATIONS COMING INTO FORCE SCHEDULES 1-2 53-54 ELIZABETH II —————— CHAPTER 48 An Act to provide first nations with the option of managing and regulating oil and gas exploration and exploitation and of receiving moneys otherwise held for them by Canada [Assented to 25th November, 2005] Preamble WHEREAS the White Bear First Nation entered into Treaty Number Four with Her Majesty on September 23, 1875 and the Blood and Siksika (Blackfoot) First Nations entered into Treaty Number Seven with Her Majesty on September 22, 1877; WHEREAS existing aboriginal and treaty rights of the aboriginal peoples of Canada were recognized and affirmed by section 35 of the Constitution Act, 1982; WHEREAS the White Bear, Blood and Siksika First Nations wish to assume control of oil and gas in their reserve lands and related revenues, and control of current and future moneys that would otherwise be held for them by Canada; WHEREAS those first nations have, since 1994, entered into a series of agreements with the Government of Canada for the co-management of oil and gas in their reserve lands; WHEREAS the same first nations have participated with the Government of Canada in the development of proposals for legislation for the transfer of control of oil and gas and of moneys held for them; AND WHEREAS it is recognized that such legislation could also benefit other first nations if they chose to avail themselves of it; C. 48 First Nations Oil and Gas NOW THEREFORE, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: SHORT TITLE Short title 1. This Act may be cited as the First Nations Oil and Gas and Moneys Management Act. INTERPRETATION AND APPLICATION Definitions “contract” « contrat » “decisionmaking authority” « autorité décisionnelle » “environmental assessment” « évaluation environnementale » “exploitation” « exploitation » “exploration” « exploration » “financial institution” « institution financière » 2. (1) The following definitions apply in this Act. “contract” means a licence, permit or lease granting a surface or subsurface right or interest in land — or an instrument evidencing an easement, a right-of-way, a right of entry or any other disposition of a right or interest in land — that is granted, issued or made for the purposes of oil or gas exploration or exploitation. “decision-making authority”, in relation to a project, means a person or body having power under section 34 or under a first nation’s oil and gas laws to make any decision that is required in order for the project to be undertaken. “environmental assessment”, in relation to a project in a managed area, means an assessment of the project’s effects on the environment conducted in one or more stages in accordance with a first nation’s oil and gas laws. “exploitation”, in relation to oil or gas, means its extraction, production, storage, distribution, processing or refining, or its use to generate electrical energy, to the extent that those activities relate to lands in a managed area. “exploration” includes surveying, mapping, test drilling and geological, geophysical and geochemical examinations carried out in pursuit of oil or gas. “financial institution” means a bank or a trust company. 2004-2005 Gestion du pétrole et du gaz et d “first nation” « première nation » “first nation” means a band within the meaning of the Indian Act. “first nation member” « membre de la première nation » “first nation member” means a person whose name appears on the band list of a first nation or who is entitled to have their name appear on that list. “gas” « gaz » “gas” means natural gas that can be produced from a well, including natural gas from a coal bed, and includes marketable gas as well as condensate and other fluid components of natural gas that are not oil. “managed area” « secteur aménagé » “managed area” means a managed area as described in section 25. “Minister” « ministre » “Minister” means the Minister of Indian Affairs and Northern Development. “oil” « pétrole » “oil” means any hydrocarbon that can be extracted or recovered in liquid form from surface or subsurface deposits, other than condensate, or that can be extracted or recovered from bitumen, bituminous sands, oil sands or oil shale. “oil and gas law” « texte pétrolier ou gazier » “oil and gas law” means a law made by a first nation under section 35. “oil and gas moneys” « recettes pétrolières ou gazières » “oil and gas moneys” means moneys derived from oil or gas exploration or exploitation within the managed area of a first nation after the first nation’s transfer date, and includes fines recovered for offences under oil and gas laws. “project” « projet » “project” means (a) any proposed construction, operation, modification, decommissioning or abandonment of an installation used for oil or gas exploration or exploitation, or any other proposed undertaking in relation to such an installation; or (b) any proposed exploration activity of a kind that is defined, by the regulations or by a first nation’s oil and gas laws, as a project for the purposes of environmental assessments. “transfer date” « date de transfert » “transfer date”, in relation to a first nation, means the date on which the first nation’s name is added to Schedule 1 under subsection 22(1). C. 48 “trust company” « société de fiducie » “trust company” means a trust company under subsection 57(2) of the Trust and Loan Companies Act, or a company incorporated by or under a provincial Act that carries on the business of a trust company, that is a member institution within the meaning of section 2 of the Canada Deposit Insurance Corporation Act. Expressions in Canadian Environmental Assessment Act. (2) In this Act, “environment” and “environmental effect” have the same meaning as in the Canadian Environmental Assessment Act. Expressions in Indian Act (3) Unless the context otherwise requires, words and expressions used in this Act have the same meaning as in the Indian Act. For greater certainty First Nations Oil and Gas 3. For greater certainty, (a) Her Majesty’s title to lands in a managed area is not affected by this Act; (b) lands in a managed area continue to be set apart by Her Majesty for the use and benefit of the first nation for which they were set apart; (c) lands in a managed area continue to be lands reserved for the Indians within the meaning of Class 24 of section 91 of the Constitution Act, 1867; (d) this Act does not affect the ability of a first nation to participate in and benefit from any federal government program; and (e) nothing in this Act shall be construed so as to abrogate or derogate from the protection provided for existing aboriginal or treaty rights of the aboriginal peoples of Canada by the recognition and affirmation of those rights in section 35 of the Constitution Act, 1982. Territorial lands 4. This Act does not apply in respect of reserve lands in Yukon or in respect of frontier lands within the meaning of the Canada Petroleum Resources Act. 2004-2005 Individual moneys Gestion du pétrole et du gaz et d 5. This Act does not apply in respect of moneys collected, received or held by Her Majesty in right of Canada under the Indian Act for the use and benefit of an individual. REQUESTS FOR TRANSFER Council resolution — oil and gas 6. The council of a first nation may submit to the Minister a written resolution of the council requesting the transfer to the first nation of the management and regulation of oil and gas exploration and exploitation in its reserve lands. Council resolution — moneys 7. The council of a first nation may submit to the Minister a written resolution of the council requesting the payment to the first nation of (a) moneys held by Her Majesty for the use and benefit of the first nation; and (b) moneys to be collected or received in future by Her Majesty for the use and benefit of the first nation. Information from Minister — oil and gas 8. (1) Subject to subsections (3) and (4), following receipt of a resolution under section 6, the Minister shall provide to the first nation, if the first nation does not already possess them, (a) copies of all contracts issued in respect of the first nation’s reserve lands that are in force and of any documents evidencing designations of those lands under the Indian Act; (b) copies of any documents in the Minister’s possession respecting contracts referred to in paragraph (a) that relate to periods after the issuance of those contracts; (c) particulars of all moneys payable under contracts referred to in paragraph (a); and (d) any documents in the Minister’s possession with respect to contaminated sites on the first nation’s reserve. Timetable for providing information (2) Following receipt of a resolution under section 6, the Minister shall provide the first nation with a timetable for delivery of the documents and information referred to in subsection (1). C. 48 Exclusion of confidential information (3) The Minister shall not provide information that is subject to solicitor-client privilege or is otherwise privileged at law. Exclusion of confidential information (4) The Minister is not required to provide information that may, or must, be withheld under any federal law. Restriction (5) Subsection (4) does not apply in respect of information provided to the Minister by a contract holder. Information from Minister — moneys 9. Following receipt of a resolution under section 7, the Minister shall inform the first nation of the amount of the moneys held by Her Majesty for the first nation at the time of the receipt of the request and of the outstanding amount of any loans referred to in subsection 30(2). First Nations Oil and Gas REQUIREMENTS FOR TRANSFER Oil and gas code 10. (1) Before a vote is conducted on a transfer requested under section 6, a first nation shall prepare an oil and gas code that (a) prescribes the procedure to be followed by the council of the first nation in the making, amendment and publication of oil and gas laws; (b) provides for the accountability of the council to first nation members for the management and regulation of oil and gas exploration and exploitation; (c) establishes procedures for disclosing and addressing conflicts of interest of members of the council and employees of the first nation in the management and regulation of oil and gas exploration and exploitation; (d) if the first nation shares a reserve with another first nation, provides for the coordination of the management and regulation of oil and gas exploration and exploitation by the two first nations; and (e) provides for the amendment of the code by the first nation. 2004-2005 Financial code for oil and gas moneys Gestion du pétrole et du gaz et d (2) Before a vote is conducted on a transfer requested under section 6, a first nation shall prepare a financial code that (a) specifies the mode of holding oil and gas moneys, either by their deposit in an account with a financial institution or their payment to a trust of which the first nation is settlor and sole beneficiary, and prescribing the conditions governing subsequent changes from one mode to the other; (b) provides for the manner of collecting oil and gas moneys and the manner of expending moneys held in the account or received by the first nation from the trust; (c) provides for the accountability of the council to first nation members for the management of oil and gas moneys; (d) establishes procedures for disclosing and addressing conflicts of interest of members of the council and employees of the first nation in the expenditure of those moneys; and (e) provides for the amendment of the code by the first nation. Financial code for moneys received from Canada 11. Before a vote is conducted on a payment requested under section 7, a first nation shall prepare a financial code (a) specifying the mode of holding moneys paid by Her Majesty to the first nation under sections 30 and 31 by their deposit in an account with a financial institution or payment to a trust of which the first nation is settlor and sole beneficiary, and prescribing the conditions governing future changes from one mode to the other; (b) respecting the manner of expending moneys held by the first nation in the account or received by it from the trust; (c) respecting the accountability of the council of the first nation to first nation members for the expenditure of those moneys; C. 48 First Nations Oil and Gas (d) establishing procedures for disclosing and addressing conflicts of interest of members of the council and employees of the first nation in the expenditure of those moneys; and (e) providing for the amendment of the code by the first nation. Law of trusts 12. (1) Laws of general application in relation to trusts and trustees in force in the province in which the trust instrument is executed apply in respect of a trust established for the purposes of this Act except to the extent that those laws conflict with this Act. Rules against perpetuities and accumulations (2) A trust established for the purposes of this Act is exempt from the application of any rule of common law that limits the period within which a beneficial interest must vest or the period during which income may be accumulated. Councillors as trustees 13. (1) A member of the council of a first nation may not be made a trustee ex officio of a trust established for the purposes of this Act. Exception (2) Subsection (1) does not preclude a member of a council from serving as a trustee in the member’s personal capacity. Security required of trustees 14. Every trustee of a trust established for the purposes of this Act other than a trust company shall, before moneys are paid into a trust referred to in section 10 or 11, and at any other time when the council so requests, provide to the council of the first nation (a) evidence of bonding, insurance or other form of security, in an amount equal to the amount held in the trust, for the recovery of any loss occasioned by theft or by breach of the conditions of the trust; and (b) evidence that the trustee fulfils the requirements of provincial law, if any, as to the minimum financial worth of trustees generally. Oil and gas transfer agreement 15. After a first nation has prepared the codes referred to in section 10, the Minister and the first nation may conclude a transfer agree2004-2005 Gestion du pétrole et du gaz et d ment setting out arrangements for the transfer to the first nation of the management and regulation of oil and gas. Moneys payment agreement 16. After a first nation has prepared the codes referred to in section 11, the Minister and the first nation may conclude a payment agreement setting out arrangements for the payment of moneys to the first nation. APPROVAL PROCEDURE Approval of transfer 17. After a transfer agreement has been concluded under section 15, the first nation may conduct a vote among its eligible voters, in accordance with the regulations, on the ratification of the oil and gas code and the financial code referred to in section 10 and the approval of the transfer to the first nation of the management and regulation of oil and gas exploration and exploitation. Approval of payment 18. After a payment agreement has been concluded under section 16, the first nation may conduct a vote among its eligible voters, in accordance with the regulations, on the ratification of the financial code referred to in section 11 and the approval of the payment of moneys to the first nation in accordance with the code. Combined vote on oil, gas and moneys 19. If agreements have been concluded under both sections 15 and 16, a single vote may be conducted for the purposes of sections 17 and 18. Eligibility to vote 20. (1) Subject to subsection (2), a first nation member, whether resident on the reserve or not, is an eligible voter if the member’s name appears on the band list and the member has reached the age of eighteen years on the date of the vote. Exception (2) In the case of a first nation that is not the subject of an order made under section 74 of the Indian Act, a first nation member, whether resident on the reserve or not, is an eligible voter if the member’s name appears on the band list and the member has, on the date of the vote, reached the eligible age for participation in the selection of the first nation’s council according to the custom of the first nation. C. 48 Approval by majority vote 21. (1) Subject to subsections (2) and (3), a vote conducted under section 17 or 18 is affirmative when First Nations Oil and Gas (a) a majority of eligible voters participates in the vote and a majority of those who participate votes affirmatively; or (b) the council has provided for the registration of eligible voters who signify their intention to participate in the vote, and a majority of those who are so registered votes affirmatively. Minimum participation (2) A vote is not affirmative unless more than twenty-five per cent of all eligible voters vote affirmatively. Increased percentage (3) The council of a first nation may, by resolution adopted before the vote, increase the proportion of votes required under paragraph (1) (a) or (b) or subsection (2). TRANSFERS TO FIRST NATIONS OIL AND GAS Additions to Schedule 1 22. (1) The Governor in Council may, by order, add a first nation’s name to Schedule 1 following (a) an affirmative vote by the first nation’s eligible voters on the ratification of the codes prepared under section 10 and the approval of the transfer of the management and regulation of oil and gas exploration and exploitation to that first nation; and (b) the making of laws by the council under paragraphs 35(1)(a) to (d). Change of name (2) On receipt by the Minister of a resolution of a first nation’s council advising of a change in the name of the first nation, the Governor in Council may, by order, amend Schedule 1 accordingly. Transfer of contracts 23. (1) On a first nation’s transfer date, the rights and obligations of Her Majesty under existing contracts in respect of the first nation’s managed area — as well as under any agreements related to those contracts — are assigned to the first nation. 2004-2005 Gestion du pétrole et du gaz et d Notice (2) The Minister shall provide written notice to contract holders of the assignment of their contracts and any agreements referred to in subsection (1). Existing designations (3) For greater certainty, after a first nation’s transfer date, any designations made under the Indian Act in respect of oil and gas in the first nation’s managed area cease to have effect, and the rights and obligations of Her Majesty under those designations are superseded by the rights and obligations of the first nation under this Act. Restriction (4) If a designation under the Indian Act relates both to oil and gas and to other rights and interests unrelated to oil and gas, subsection (3) applies in respect of the designation only insofar as it relates to oil and gas. Rights and interests under contracts 24. (1) Oil and gas laws that come into force on a first nation’s transfer date may not impair the rights or interests of a contract holder under a contract assigned by section 23. Power of first nation to amend (2) Subsection (1) does not apply in respect of the making of laws by a first nation after its transfer date. Managed area 25. (1) The managed area of a first nation consists of the lands set apart, as of the transfer date, as the reserve or reserves of the first nation, and includes any lands subsequently added to those lands, unless the first nation and the Minister agree otherwise at the time they are added. Excluded lands (2) Any reserve lands whose boundaries have been surveyed under Part II of the Canada Lands Surveys Act may be excluded from a managed area if the transfer agreement so provides. Restoration of excluded lands (3) The Minister and the first nation may agree, at any time after a first nation’s transfer date, to include in the first nation’s managed area any of the lands excluded from it by the transfer agreement, in which case an amendment shall be made accordingly to the legal description of the managed area in the applicable register referred to in subsection 26(1). C. 48 Registration of lands 26. (1) A legal description of a first nation’s managed area shall be entered, as of the first nation’s transfer date, in the Reserve Land Register maintained under section 21 of the Indian Act or, in the case of a first nation to which the First Nations Land Management Act applies, the First Nations Land Register maintained under section 25 of that Act. If lands are subsequently added to the managed area, the applicable register shall be amended accordingly. Registration of existing contracts (2) All contracts in respect of a first nation’s managed area that are registered in the Surrendered and Designated Lands Register maintained under subsection 55(1) of the Indian Act shall be entered, as of the transfer date, in the register established by the regulations or, if none has been established, in the applicable register referred to in subsection (1). Liability for transfer First Nations Oil and Gas 27. (1) Her Majesty is not liable for (a) the decision by a first nation or its council to request a transfer under section 6 or for any actions taken by the first nation or its council pursuant to the request; (b) any loss or damage resulting from the assignment of contracts to the first nation under section 23; or (c) an unintentional omission to provide any information referred to in subsection 8(1). Liability for future management (2) Her Majesty is not liable in respect of the exercise of powers by a first nation in relation to oil and gas exploration or exploitation under this Act. Liability arising from title (3) Her Majesty is not liable, as the holder of title to reserve lands or to oil and gas found in those lands, in respect of any damage occasioned by oil and gas exploration or exploitation under this Act. Past liability 28. Subject to section 27, this Act does not affect the liability of Her Majesty or a first nation for any act or omission occurring before the first nation’s transfer date. 2004-2005 Gestion du pétrole et du gaz et d MONEYS Additions to Schedule 2 29. (1) The Minister may, by order, add a first nation’s name to Schedule 2 following an affirmative vote of the first nation’s eligible voters on the ratification of the code prepared under section 11 and the approval of the payment of moneys to the first nation in accordance with the code. Change of name (2) On receipt of a resolution of the council of a first nation advising of a change in its name, the Minister may, by order, amend Schedule 2 accordingly. Initial payment of moneys 30. (1) Following the addition of a first nation’s name to Schedule 2, the moneys held by Her Majesty for its use and benefit shall be paid to the first nation out of the Consolidated Revenue Fund in accordance with the payment agreement. Loan guarantees (2) The Minister may withhold, from moneys otherwise payable under subsection (1), the outstanding amount of any loans entered into by the first nation or members of the first nation and guaranteed by Her Majesty on the security of moneys held for the use and benefit of the first nation by Her Majesty under the Indian Act. Subsequent payments 31. Following a payment of moneys under section 30, all moneys subsequently collected or received by Her Majesty for the use and benefit of the first nation shall be paid out of the Consolidated Revenue Fund to the first nation in accordance with the payment agreement. Liability for payment 32. (1) Her Majesty is not liable for the decision by a first nation or its council to request a payment under section 7 or for any actions taken by the first nation or its council pursuant to the request. Liability for future management (2) Following the payment of moneys out of the Consolidated Revenue Fund into an account or a trust under section 30 or 31, Her Majesty is not liable for the payment or the management of those moneys. Past liability 33. This Act does not affect the liability of Her Majesty or a first nation for any act or omission in respect of moneys occurring before a payment referred to in subsection 32(2). C. 48 First Nations Oil and Gas POWERS RELATING TO OIL AND GAS Ownership and management 34. (1) Subject to any other provision of this Act, a first nation named in Schedule 1 has the powers, rights and privileges of an owner in relation to oil and gas in the first nation’s managed area, including (a) the power, in accordance with its oil and gas laws, to manage oil and gas exploration and exploitation in the managed area and to issue contracts in respect of the managed area; and (b) the power, in accordance with its financial code, to collect oil and gas moneys from contract holders and to manage and expend those moneys. Exercise of powers (2) The powers of a first nation under subsection (1) shall be exercised by the council of the first nation or by any person, body or government to which the powers are delegated by the first nation’s oil and gas laws. Registration of contracts (3) A first nation shall send particulars relating to each contract issued by the first nation to the Minister for registration in the register established by the regulations or, if none has been established, in the applicable register referred to in subsection 26(1). Issuance of contracts (4) No contract may be issued for any activity in a managed area before oil and gas laws for the regulation of that activity are in force in the managed area. Laws re exploration and exploitation 35. (1) Subject to sections 36 to 41 and 45, the council of a first nation named in Schedule 1 has the power, in accordance with its oil and gas code, to make laws respecting oil and gas exploration and exploitation in the first nation’s managed area, to the extent that those laws are not in relation to matters coming within the exclusive jurisdiction of a provincial legislature and may, in particular, make laws (a) respecting the issuance and the terms and conditions of contracts, including (i) any fees, rates, rents and royalties, including royalties in kind, to be reserved to the first nation by contract holders, 2004-2005 Gestion du pétrole et du gaz et d (ii) the interest payable on amounts owing to the first nation under a contract, and (iii) administrative monetary penalties that may be assessed for failure to comply with the terms of a contract; (b) respecting environmental assessments of projects in the managed area, and specifying circumstances in which an order may be made prohibiting the proponent of a project from undertaking work before the completion of an environmental assessment; (c) respecting the protection of the environment from the effects of oil and gas exploration and exploitation in the managed area; (d) respecting the conservation of oil and gas in the managed area; (e) establishing offences punishable on summary conviction and imposing fines, imprisonment, restitution and community service for the contravention of oil and gas laws and orders referred to in paragraph (b); (f) respecting the inspection, search, seizure and detention of property within or outside the managed area for the purpose of ensuring compliance with oil and gas laws and for the enforcement of those laws; and (g) respecting the auditing of records of contract holders within or outside the managed area for the purposes of contract administration. Coming into force (2) A first nation may exercise its power to make oil and gas laws at any time after the date of an affirmative vote under section 21, but no oil and gas law has effect before the first nation’s transfer date except to the extent necessary to make it effective on that date. Excluded jurisdiction 36. For greater certainty, the power of a first nation to make oil and gas laws does not extend to laws in relation to (a) criminal law and criminal procedure; (b) labour relations, working conditions and occupational health and safety; C. 48 First Nations Oil and Gas (c) fish and fish habitat, within the meaning of the Fisheries Act, migratory birds, within the meaning of the Migratory Birds Convention Act, 1994, and species at risk, within the meaning of the Species at Risk Act; or (d) international and interprovincial trade, including customs tariffs and export and import controls. Projects to be subject to environmental assessment 37. (1) A first nation’s oil and gas laws must provide that no project, unless exempted by regulations made under subsection 63(2), may be undertaken until an environmental assessment of it has been conducted under those laws and every decision-making authority for the project has taken the results of the assessment into account in making any decision that would enable the project to be undertaken. Laws in conformity with regulations (2) The content of laws respecting environmental assessments of projects must conform with regulations made under subsection 63(1). Joint assessments and delegation (3) A decision-making authority for a project may, in respect of an environmental assessment of the project, (a) enter into an agreement for the joint assessment of the project with any other person or body responsible for environmental assessments of that project under this Act or any other federal law; and (b) delegate to another person or body any power, except the power to determine whether a project is to be carried out. Environmental protection 38. Subject to the regulations, oil and gas laws must provide protection for the environment that is at least equal to that provided by the laws of the province applicable to oil and gas exploration and exploitation. 2004-2005 Gestion du pétrole et du gaz et d Oil and gas conservation 39. Subject to the regulations, oil and gas laws with respect to the conservation of oil and gas must not conflict with or be inconsistent with the laws of the province applicable to oil and gas exploration and exploitation. Limitation on penalties 40. The punishment that may be imposed by an oil and gas law for an offence is (a) if the act or omission constituting the offence results in damage to lands in the managed area, (i) in the case of a first offence, a fine not exceeding $300,000 or imprisonment for a term not exceeding six months, or both, and (ii) in the case of a second or subsequent offence, a fine not exceeding $600,000 or imprisonment for a term not exceeding one year, or both; and (b) in any other case, a fine not exceeding $100,000 or a term of imprisonment not exceeding three months, or both. Powers re inspections, searches, etc. 41. Oil and gas laws made under paragraph 35(1)(f) may not establish procedures inconsistent with those provided by the laws of the province in which the managed area is situated, nor may they confer powers greater than those of a public officer within the meaning of the Criminal Code. Incorporation by reference 42. Oil and gas laws may incorporate by reference laws of the province in which the managed area is located as they are amended from time to time. Agreement with province 43. An oil and gas law may, in accordance with an agreement between a first nation and the government of the province in which its managed area is located, (a) specify the respective responsibilities of the first nation and the province for the administration and enforcement of oil and gas laws; and (b) provide for access by officers of the first nation and the province, respectively, to the managed area for the enforcement of oil and gas laws. C. 48 Public access to oil and gas laws 44. (1) A first nation shall maintain at its principal administrative office the originals of its oil and gas code and its oil and gas laws, and all persons shall be given reasonable access to them during normal business hours. Certified copies (2) At the request of any person and on payment of a fee not exceeding the cost of the service, a first nation shall provide a copy of its oil and gas code or an oil and gas law certified to be a true copy by a person so authorized by the first nation. Proof of laws (3) In the absence of evidence to the contrary, a certified copy of an oil and gas code or an oil and gas law is proof of the original without proof of the signature or official character of the person appearing to have certified the copy. Statutory Instruments Act International obligations First Nations Oil and Gas (4) The Statutory Instruments Act does not apply in respect of an oil and gas code or the oil and gas laws of a first nation. 45. In exercising powers or making laws under this Act, a first nation shall comply with Canada’s international legal obligations and, if the exercise of any power or the making of any law is found to be inconsistent with Canada’s international legal obligations by a body established under an international treaty or by a court or tribunal of competent jurisdiction, the first nation shall remedy the inconsistency. GENERAL Legal capacity of first nations 46. A first nation named in Schedule 1 or 2 has the legal capacity necessary to exercise its powers and perform its duties and functions under this Act and, in particular, may acquire and hold property, real or personal and moveable or immoveable, enter into agreements and be a party to legal proceedings. Public access to financial codes 47. (1) A first nation shall maintain at its principal administrative office the originals of a financial code referred to in subsection 10(2) or section 11, and any member of the first nation shall be given reasonable access to them during normal business hours. 2004-2005 Gestion du pétrole et du gaz et d Certified copies (2) At the request of any member of the first nation and on payment of a fee not exceeding the cost of the service, a first nation shall provide a copy of a financial code referred to in subsection 10(2) or section 11 certified to be a true copy by a person so authorized by the first nation. Proof of codes (3) In the absence of evidence to the contrary, a certified copy of a financial code referred to in subsection 10(2) or section 11 is proof in any proceeding of the original without proof of the signature or official character of the person appearing to have certified the copy. Statutory Instruments Act Accounts — oil and gas (4) The Statutory Instruments Act does not apply in respect of a code referred to in subsection 10(2) or section 11. 48. Books and accounts shall be maintained for a first nation’s oil and gas moneys, and annual financial statements shall be prepared in respect of those moneys, in accordance with the generally accepted accounting principles of the Canadian Institute of Chartered Accountants, by (a) the council of the first nation if no trust is established to hold its oil and gas moneys; or (b) the trustees of the trust and the council of the first nation if a trust is established. Accounts — moneys 49. Books and accounts shall be maintained for moneys that have been paid to a first nation under sections 30 and 31, and annual financial statements shall be prepared in respect of those moneys, in accordance with the generally accepted accounting principles of the Canadian Institute of Chartered Accountants, by (a) the council of the first nation if an account is established to hold moneys so paid; or (b) the trustees of the trust and the council of the first nation if a trust is established to hold those moneys. Audit of statements 50. (1) Financial statements prepared under section 48 or 49 shall be audited, in accordance with the generally accepted auditing standards of the Canadian Institute of Chartered Accountants, by an auditor who is a member in good C. 48 First Nations Oil and Gas standing of an institute or association of accountants incorporated under the laws of a province. Access to statements (2) Financial statements, as audited under subsection (1), shall be made available to first nation members within 120 days after the end of the fiscal year, and a copy shall be provided to any member on payment of a fee not exceeding the cost of providing the copy. Expropriation by Canada 51. (1) Rights or interests under a contract, or other rights and interests in relation to oil or gas in a managed area, may be expropriated by Her Majesty in right of Canada for the use of a federal department or agency in accordance with the Expropriation Act and with the consent of the Governor in Council. Compensation in land (2) Compensation awarded to a first nation for the expropriation of a right or an interest under subsection (1) may be in the form of land of equal or greater value. Compensation for reduced revenues (3) For greater certainty, when a right or an interest is expropriated under subsection (1), any reduction in fees, rates, rents or royalties, including royalties in kind, or any other revenues, that would have been payable to the first nation in respect of the right or interest shall be taken into account in determining the compensation payable to the first nation under the Expropriation Act. Prosecutions 52. (1) Offences for the contravention of a first nation’s oil and gas laws may be prosecuted by the first nation. Prosecutors (2) A first nation may, in the prosecution of offences for the contravention of its oil and gas laws, (a) retain its own prosecutors; (b) enter into an agreement with a provincial government for the use of provincial prosecutors; or (c) enter into an agreement with the federal government for the use of agents engaged by that government. 2004-2005 Gestion du pétrole et du gaz et d Attorneys General (3) This section does not preclude the prosecution of offences by the Attorney General of Canada or by the attorney general of a province. Disposition of fines and property 53. A fine imposed on a person convicted of an offence under a first nation’s oil and gas laws shall be paid to the first nation, and any property forfeited by virtue of such a conviction shall be transferred to the first nation. APPLICATION OF OTHER LAWS OIL AND GAS Indian Act 54. (1) As of a first nation’s transfer date, the following do not apply in relation to the issuing of contracts in respect of the first nation’s managed area: (a) sections 23, 28, 29, 34, 35, 37 to 41, 53, 54, 58 to 60 and 93 of the Indian Act; (b) any regulations made under section 57 of that Act; and (c) any regulations made under sections 42 and 73 of that Act, to the extent that those regulations are inconsistent with or conflict with the first nation’s oil and gas code or its oil and gas laws. Indian Act Indian Act Application First Nations Land Management Act and Indian Oil and Gas Act (2) Sections 61 to 69 of the Indian Act do not apply in respect of oil and gas moneys of a first nation as of the first nation’s transfer date. (3) Subsection 89(1.1) of the Indian Act continues to apply in respect of leasehold interests in any first nation land that was designated land on the first nation’s transfer date. (4) A first nation’s oil and gas laws may extend the application of subsection 89(1.1) of the Indian Act, or any portion of it, to leasehold interests under contracts. 55. The First Nations Land Management Act and the Indian Oil and Gas Act do not apply in relation to oil and gas exploration or exploitation in a first nation’s managed area as of the first nation’s transfer date. C. 48 Environmental assessment laws 56. In the event of a conflict between a first nation’s oil and gas laws and any federal law providing for the environmental assessments of projects in their application to a project, the federal law prevails to the extent of the conflict. Other environmental laws 57. In the event of a conflict between a first nation’s oil and gas laws and any federal law relating to the protection of the environment, the federal law prevails to the extent of the conflict. Labour laws 58. This Act does not affect the application of any federal law in relation to labour relations, working conditions or occupational health and safety. Inconsistencies among first nation laws 59. In the event of a conflict between oil and gas laws and the provisions of a law made by a first nation or its council under any other Act, the oil and gas laws prevail to the extent of the conflict. First Nations Oil and Gas MONEYS Indian Act Financial Administration Act 60. Sections 61 to 69 of the Indian Act do not apply in respect of moneys paid out of the Consolidated Revenue Fund to a first nation under section 30 or 31 of this Act. 61. Moneys paid out of the Consolidated Revenue Fund to a first nation under section 30 or 31 are not public moneys within the meaning of the Financial Administration Act. REGULATIONS Regulations 62. The Governor in Council may make regulations (a) governing the conduct of a vote under section 17 or 18, including (i) the content of the question to be put to voters, (ii) the information that must be provided to first nation members and other persons, respectively, before a vote and the periods during which it must be provided, and (iii) the extent to which legal and financial advice must be provided or made available to first nation members before a vote; 2004-2005 Gestion du pétrole et du gaz et d (b) for the purposes of subsections 26(2) and 34(3), (i) establishing a register for the registration of contracts, (ii) providing for the transfer of existing contracts to that register from the Reserve Land Register maintained under section 21 of the Indian Act or, in the case of a first nation to which the First Nations Land Management Act applies, from the First Nations Land Register maintained under section 25 of that Act, and (iii) respecting the effects of registering contracts in the register, including the priorities attached to registration; (c) setting the minimal requirements of oil and gas laws made in relation to the protection of the environment, including by the incorporation by reference of provincial laws as amended from time to time; (d) setting the minimal requirements of oil and gas laws made in relation to the conservation of oil and gas, including by the incorporation by reference of provincial laws as amended from time to time; and (e) in the absence of an agreement with the government of a province referred to in section 43, establishing bodies, or designating existing bodies, to administer oil and gas laws that incorporate laws of the province. Environmental assessment laws 63. (1) The Governor in Council may, on the recommendation of the Minister and the Minister of the Environment, make regulations respecting the content of oil and gas laws made in relation to environmental assessments, including (a) the types or stages of environmental assessments, the circumstances in which each type or stage is to be conducted and the required elements of each type or stage; C. 48 First Nations Oil and Gas (b) the appointment of persons or bodies that are to carry out each type or stage of assessment and the qualifications of persons appointed to those bodies; (c) the factors to be considered in an assessment in determining whether a project should be recommended to proceed, to proceed with conditions or not to proceed or be referred to another stage of assessment; (d) the powers and duties of decision-making authorities in relation to a project that has been assessed; (e) the powers of persons or bodies referred to in paragraph (b) to compel witnesses to appear before them and give evidence, and to compel the production of documents; (f) the participation of the public in each type or stage of assessment; (g) access by the public to, and the confidentiality of, information that is submitted, collected or generated in an assessment; (h) the immunity from liability of persons or bodies referred to in paragraph (b); and (i) the kinds of exploration activities that are defined as projects for the purposes of assessments. Exemptions from assessment (2) The Governor in Council may, on the recommendation of the Minister and the Minister of the Environment, make regulations authorizing a first nation in its oil and gas laws to exempt from environmental assessment any class of project that (a) ought not to be assessed, in the opinion of the Governor in Council, for reasons of national security; 2004-2005 Gestion du pétrole et du gaz et d (b) relates to installations used for oil or gas exploration or exploitation and will, in the opinion of the Governor in Council, have insignificant environmental effects; or (c) has a total cost that is less than an amount prescribed by those regulations and meets environmental conditions prescribed by those regulations. Comparable standards (3) The requirements of any regulations made under subsection (1) must be generally comparable with those applicable in similar circumstances under the Canadian Environmental Assessment Act. COMING INTO FORCE Order in council 64. This Act comes into force on a day to be fixed by order of the Governor in Council. C. 48 First Nations Oil and Gas and Mo SCHEDULE 1 (Sections 2 and 22) 2004-2005 Gestion du pétrole et du gaz et des fon SCHEDULE 2 (Section 29) Published under authority of the Speaker of the House of Commons Available from: Publishing and Depository Services PWGSC, Ottawa, ON K1A 0S5 Also available on the Parliamentary Intern Aussi disponible sur le réseau électronique « Parliam http://www Available from: Publishing and Depository Services PWGSC, Ottawa, ON K1A 0S5

First Session, Thirty-seventh Parliament, 49-50-51 Elizabeth II, 2001-2002 STATUTES OF CANADA 2002 CHAPTER 9 An Act to implement certain provisions of the budget tabled in Parliament on December 10, 2001 BILL C-49 ASSENTED TO 27th MARCH , 2002 RECOMMENDATION Her Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled ‘‘An Act to implement certain provisions of the budget tabled in Parliament on December 10, 2001’’. SUMMARY PART 1 Part 1 enacts the Canadian Air Transport Security Authority Act, which establishes the Canadian Air Transport Security Authority to carry out the mandate described therein, including taking actions for the effective and efficient screening of persons who access aircraft or restricted areas through screening points. The Authority is also responsible for ensuring consistency in the delivery of screening across Canada. The Authority is managed by a board of directors composed of eleven members appointed by the Governor in Council on the recommendation of the Minister of Transport. The Authority may authorize an operator of an aerodrome designated by regulation to deliver screening on its behalf at that aerodrome, subject to any terms and conditions that it establishes. The Authority is subject to Part X of the Financial Administration Act except for derogations set out in Part 1 of this enactment. PART 2 Part 2 enacts the Air Travellers Security Charge Act, which implements the Air Travellers Security Charge announced in Budget 2001. The Charge will take effect on April 1, 2002 and apply in respect of emplanements in Canada. The Charge will be payable by purchasers of air travel and collected by registered air carriers or their agents at the time of sale. PART 3 Part 3 amends the Employment Insurance Act and the Employment Insurance (Fishing) Regulations to extend the benefit period and the entitlement to special benefits for maternity claimants who, without the amendment, could not receive all of their special benefits. It also amends the Act and the Regulations to extend the benefit period and the period during which a claimant may receive parental benefits, if the claimant’s child is hospitalized. It also makes related amendments to the Canada Labour Code to give employees an option as to when their parental leave begins. ��� ������������� ������������ ��� ��������� �� ��� ������������� �������� ������������� �� ��� ��������� �������� ��������������������� PART 4 Part 4 implements the Income Tax Act measures announced in the Budget of December 10, 2001. These include provisions that — allow apprentice vehicle mechanics to deduct a portion of the cost of new tools acquired after 2001 — allow individuals to claim a deduction to offset the inclusion in income of tuition assistance for adult basic education received under certain government programs — extend the education tax credit to students who receive financial assistance for post-secondary education under certain government training programs — provide for tax-deferred intergenerational transfers of commercial woodlot operations that are farming businesses — make permanent the special tax assistance for donations of certain securities to public charities — make entitlements to the goods and services tax credit more responsive to changes in family circumstances — allow small businesses to defer for at least six months corporate tax instalments that would otherwise become payable in the first quarter of 2002 — clarify the application of section 115.2 of the Act to partnerships and their members — allow full deductibility of the costs of meals provided at a temporary work camp established to provide room and board to employees at a construction work site PART 5 Part 5 enacts the Canada Fund for Africa Act, which establishes a program to provide contributions for the economic and social development of Africa. PART 6 Part 6 enacts the Canada Strategic Infrastructure Fund Act, which establishes a program. The object of the program is to provide contributions for the carrying out of large-scale strategic infrastructure projects that contribute to economic growth or quality of life in Canada and advance Canada’s objectives with respect to infrastructure. TABLE OF PROVISIONS AN ACT TO IMPLEMENT CERTAIN PROVISIONS OF THE BUDGET TABLED IN PARLIAMENT ON DECEMBER 10, 2001 SHORT TITLE 1. Short title PART 1 AIR TRANSPORT SECURITY Canadian Air Transport Security Authority Act 2. Enactment SHORT TITLE 1. Short title 2. Definitions 3. Interpretation INTERPRETATION ROLE OF THE MINISTER 4. Minister responsible ESTABLISHMENT AND MANDATE OF THE AUTHORITY 5. Establishment 6. Mandate 7. Authorizing aerodrome operators to deliver screening 8. Criteria for screening contractors and officers LEGAL POWERS OF THE AUTHORITY 9. Legal powers STRUCTURE OF THE AUTHORITY Board 10. Establishment 11. Designation 12. Qualifications of directors 13. Renewal of term 14. Part-time office 15. Expenses �� Chairperson 16. Powers, duties and functions Chief Executive Officer 17. Appointment and tenure 18. Role of chief executive officer 19. Incapacity or vacancy 20. Exclusion 21. Full-time office 22. Expenses ROLE OF THE BOARD 23. Role of the Board 24. By-laws STAFF 25. Staff 26. Accident compensation 27. Safety of the public CONTRACTS, AGREEMENTS AND ARRANGEMENTS 28. Contracts with Her Majesty 29. Policing 30. Provision of space AUDIT 31. Audit SECURITY-RELATED INFORMATION 32. Protection of information 33. Review of Act in five years 34. Regulations by Governor in Council 35. Initial powers 36. Transfer of screening equipment 37. Appropriation 38. Agreements to continue delivering screening 39. Financial documents FIVE-YEAR REVIEW REGULATIONS TRANSITIONAL PROVISIONS Consequential Amendment 3. Financial Administration Act �� Coming into Force 4. Coming into force PART 2 AIR SECURITY CHARGES Air Travellers Security Charge Act 5. Enactment SHORT TITLE 1. Short title 2. Definitions 3. 4. Meaning of ‘‘administration or enforcement of this Act’’ Deemed issuance of ticket 5. Separate journeys deemed 6. Binding on Her Majesty 7. Application to air transportation services 8. Minister’s duty 9. Officers and employees 10. Administration of oaths INTERPRETATION APPLICATION ADMINISTRATION AND OFFICERS CHARGE PAYABLE 11. Charge payable 12. Amount of charge if service acquired in Canada 13. Air transportation service deemed to be acquired in Canada COLLECTION OF CHARGE 14. Duty of designated air carrier to collect charge 15. Trust for amounts collected GENERAL PROVISIONS CONCERNING CHARGES AND OTHER AMOUNTS PAYABLE Fiscal Month 16. Determination of fiscal months Returns and Payments of Charges and Other Amounts 17. Registration 18. Amount collected as charge by person not required to collect Set-off of refunds 19. �� 20. Large payments 21. Small amounts owing 22. Authority for separate returns 23. Meaning of ‘‘electronic filing’’ 24. Execution of returns, etc. 25. Extension of time 26. Demand for return Interest 27. Compound interest on amounts not paid when required 28. Compound interest on amounts owed by Her Majesty 29. Application of interest provisions if Act amended 30. Waiving or reducing interest Refunds 31. Statutory recovery rights 32. Refund of charge if service not provided 33. Payment in error 34. Restriction on refunds, etc. 35. Restriction re trustees 36. Overpayment of refunds, etc. 37. Keeping records 38. Requirement to provide information Records and Information Assessments 39. Assessment 40. Assessment of refund 41. Notice of assessment 42. Limitation period for assessments 43. Objection to assessment 44. Extension of time by Minister Objections to Assessment Appeal 45. Extension of time by Tax Court 46. Appeal to Tax Court 47. Extension of time to appeal 48. Limitation on appeals to the Tax Court 49. Institution of appeals 50. Disposition of appeal 51. References to Tax Court 52. Reference of common questions to Tax Court � ENFORCEMENT Penalties 53. Penalty 54. Effect of extension for returns 55. Waiving or cancelling penalties 56. Failure to answer demand 57. Failure to provide information 58. False statements or omissions Penalty Imposition 59. Notice of imposed penalty 60. When penalty becomes payable Offences and Punishment 61. Offence for failure to file return or to comply with demand or order 62. Offences for false or deceptive statement 63. Failure to pay or collect charges 64. General offence 65. Defence of due diligence 66. Compliance orders 67. Officers of corporations, etc. 68. Power to decrease punishment 69. Information or complaint 70. By whom 71. Copies of records Inspections Collection 72. Debts to Her Majesty 73. Security 74. Certificates 75. Garnishment 76. Recovery by deduction or set-off 77. Acquisition of debtor’s property 78. Money seized from debtor 79. Seizure if failure to pay 80. Person leaving Canada or defaulting 81. Liability of directors Evidence and Procedure 82. Sending by mail 83. Proof of service by mail � REGULATIONS 84. Regulations SCHEDULE Consequential Amendments 6-9. Tax Court of Canada Act Coordinating Amendment 10. Bill C-47 Coming into Force 11. Coming into force PART 3 EMPLOYMENT INSURANCE Employment Insurance Act 12-14. Amendments to the Employment Insurance Act Transitional Provision 15. Transitional Provision Employment Insurance (Fishing) Regulations 16. Amendment to the Employment Insurance (Fishing) Regulations Related Amendments 17-18. Canada Labour Code Coming into Force 19. Coming into force PART 4 INCOME TAX ACT 20-44. Amendments to the Income Tax Act PART 5 CANADA FUND FOR AFRICA Canada Fund for Africa Act 45. Enactment 1. Short title 2. Definition of ‘‘Minister’’ 3. Establishment of program 4. Contribution agreements 5. Regulations �� Coming into Force 46. Coming into force PART 6 CANADA STRATEGIC INFRASTRUCTURE FUND 47. Enactment 1. Short title 2. Definitions 3. Establishment of program 4. Contribution agreements 5. Regulations 49-50-51 ELIZABETH II CHAPTER 9 An Act to implement certain provisions of the budget tabled in Parliament on December 10, 2001 [Assented to 27th March, 2002] Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: SHORT TITLE Short title 1. This Act may be cited as the Budget Implementation Act, 2001. PART 1 AIR TRANSPORT SECURITY Canadian Air Transport Security Authority Act 2. The Canadian Air Transport Security Authority Act is enacted as follows: An Act to establish the Canadian Air Transport Security Authority SHORT TITLE Short title 1. This Act may be cited as the Canadian Air Transport Security Authority Act. Definitions 2. The definitions in this section apply in this Act. ‘‘Authority’’ « Administration » ‘‘Authority’’ means the Canadian Air Transport Security Authority established by subsection 5(1). ‘‘authorized aerodrome operator’’ « exploitant d’aérodrome autorisé » ‘‘authorized aerodrome operator’’ means an operator of an aerodrome designated by the regulations who is authorized by the Authority under section 7 to deliver screening. ‘‘board’’ « conseil » ‘‘board’’ means the board of directors of the Authority established by section 10. INTERPRETATION � C. 9 Budget Impleme ‘‘Minister’’ « ministre » ‘‘screening’’ « contrôle » ‘‘Minister’’ means the Minister of Transport. ‘‘screening contractor’’ « fournisseur de services de contrôle » ‘‘screening contractor’’ means a contractor retained by the Authority or an authorized aerodrome operator to deliver screening. ‘‘screening officer’’ « agent de contrôle » ‘‘screening officer’’ means a screening officer who is employed by the Authority, an authorized aerodrome operator or a screening contractor to perform screening. ‘‘screening point’’ « point de contrôle » ‘‘screening point’’ means a point where screening is delivered, either directly or through a screening contractor, by or on behalf of the Authority in order to meet the requirements of the aviation security regulations or security measures made under the Aeronautics Act. Interpretation 3. (1) Unless the context otherwise requires, words and expressions used in this Act have the same meaning as in the Aeronautics Act and the aviation security regulations made under it. Air transport security (2) Unless specifically provided for, nothing in this Act affects air transport security responsibilities imposed under the Aeronautics Act on persons other than the Authority. Inconsistencies with other Acts (3) In the event of any inconsistency between the provisions of this Act and the provisions of Part X of the Financial Administration Act, the provisions of this Act prevail. ‘‘screening’’ means screening, including a search, performed in the manner and under the circumstances prescribed in the aviation security regulations or in security measures made under the Aeronautics Act. ROLE OF THE MINISTER Minister responsible 4. (1) The Minister is the appropriate minister for the Authority for the purposes of Part X of the Financial Administration Act. 2001-2002 Exécution du bu Directions to the Authority (2) The Minister may issue a written direction to the Authority, addressed to the Chairperson, on any matter related to air transport security. Directions binding (3) The Authority and its directors, officers and employees of the Authority must comply with a direction issued under this section. Directions in Authority’s best interest (4) Compliance with the direction is deemed to be in the best interests of the Authority. Directions not statutory instruments (5) A direction is not a statutory instrument for the purposes of the Statutory Instruments Act. ESTABLISHMENT AND MANDATE OF THE AUTHORITY Establishment 5. (1) There is hereby established a body corporate to be called the Canadian Air Transport Security Authority. Agent of Her Majesty (2) The Authority is for all purposes an agent of Her Majesty in right of Canada. Headquarters (3) The headquarters of the Authority must be at such place in Canada as may be designated by the Governor in Council. Financial year (4) The Authority’s financial year begins on April 1 of one year and ends on March 31 of the following year, unless the Governor in Council directs otherwise. Mandate 6. (1) The mandate of the Authority is to take actions, either directly or through a screening contractor, for the effective and efficient screening of persons who access aircraft or restricted areas through screening points, the property in their possession or control and the belongings or baggage that they give to an air carrier for transport. Restricted areas are those established under the Aeronautics Act at an aerodrome designated by the regulations or at any other place that the Minister may designate. � C. 9 Budget Impleme Other responsibilities (2) The Authority is responsible for ensuring consistency in the delivery of screening across Canada and for any other air transport security function provided for in this Act. It is also responsible for air transport security functions that the Minister may assign to it, subject to any terms and conditions that the Minister may establish. Carrying out mandate (3) The Authority must carry out its responsibilities under this section in the public interest, having due regard to the interest of the travelling public. Those responsibilities are a governmental function. Authorizing aerodrome operators to deliver screening 7. (1) The Authority may authorize the operator of an aerodrome designated by the regulations to deliver screening on its behalf at that aerodrome, either directly or through a screening contractor, subject to any terms and conditions that the Authority may establish. Limitation (2) The Authority may not authorize the operator to deliver screening unless it is satisfied that the operator can meet the terms and conditions established by the Authority and deliver screening efficiently and effectively, having regard to the following factors: (a) the cost and service advantages; (b) the operator’s capability to deliver screening; and (c) how screening, if done by the operator, would be integrated with other security functions at the aerodrome. Payments Not an agent of Her Majesty (3) The Authority may, in the terms and conditions of an authorization, agree to make payments to the authorized aerodrome operator to compensate them for the reasonable costs incurred by them in delivering screening. (4) An authorized aerodrome operator does not become an agent of Her Majesty by reason only of delivering screening under an authorization. 2001-2002 Exécution du bu Criteria for screening contractors and officers 8. (1) The Authority must establish criteria respecting the qualifications, training and performance of screening contractors and screening officers, that are as stringent as or more stringent than the standards established in the aviation security regulations made under the Aeronautics Act. Certification (2) The Authority must certify all screening contractors and officers against the criteria established under subsection (1). Varying, suspending or cancelling certification (3) If the Authority determines that a screening contractor or officer no longer meets the criteria in respect of which they were certified, the Authority may vary, suspend or cancel their certification. Contracting (4) The Authority may establish contracting policies specifying minimum requirements respecting wages and terms and conditions of employment that persons must meet in order to be awarded a contract by or on behalf of the Authority for the delivery of screening. The Authority must establish such policies if required to do so by the Minister. Contracts for services or procurement (5) The Authority must establish policies and procedures for contracts for services and for procurement that ensure that the Authority’s operational requirements are always met and that promote transparency, openness, fairness and value for money in purchasing. LEGAL POWERS OF THE AUTHORITY Legal powers 9. In carrying out its mandate, the Authority has, subject to this Act, the capacity, rights, powers and privileges of a natural person. STRUCTURE OF THE AUTHORITY Board Establishment 10. (1) There shall be a board of directors of the Authority consisting of eleven directors, including the Chairperson, appointed by the Governor in Council on the recommendation of the Minister. � C. 9 Budget Impleme Directors nominated by airline industry and aerodrome operators (2) Two of the directors must be nominees submitted by the representatives of the airline industry designated under section 11 whom the Minister considers suitable for appointment as directors, and two must be nominees submitted by the representatives of aerodrome operators designated under that section whom the Minister considers suitable for appointment as directors. Tenure of directors (3) Each director holds office during pleasure for any term of not more than five years that will ensure, as far as possible, the expiry in any one year of the terms of office of not more than one half of the directors. Vacancy on board (4) If the Governor in Council has not appointed all of the directors referred to in subsection (1) but the number appointed constitutes a quorum, the directors who have been appointed may exercise all the powers of the board. Designation 11. The Minister may designate representatives or classes of representatives of the airline industry and of aerodrome operators to propose nominees to the Minister for appointment to the board. Qualifications of directors 12. (1) The directors must be persons who, in the opinion of the Governor in Council, have the experience and the capacity required for discharging their duties and functions. Persons not eligible for appointment (2) No person may be appointed or continue as a director of the Authority who (a) is not a Canadian citizen or a permanent resident under the Immigration and Refugee Protection Act; (b) is a member of the Senate or House of Commons or a member of a legislature; (c) is employed on a full-time basis in the public service of Canada or of a province; or (d) is a mayor, councillor, officer or employee of a municipality. 2001-2002 Renewal of term Part-time office Directors’ fees Expenses Powers, duties and functions Appointment and tenure Role of chief executive officer Incapacity or vacancy Exclusion Full-time office Exécution du bu 13. The Governor in Council may renew the term of office of any director for a maximum of one further term of not more than five years. 14. (1) The directors must carry out the duties and functions of their office on a part-time basis. (2) The directors must be paid by the Authority the remuneration fixed by the Governor in Council for each day that they attend meetings of the board or any of its committees or perform other duties required of them as directors of the Authority. 15. The directors are entitled to be paid reasonable travel and living expenses incurred by them in the course of performing their duties while absent from their ordinary place of residence. Chairperson 16. The Chairperson must preside at meetings of the board and exercise any powers and perform any duties and functions that are assigned by the by-laws of the Authority. Chief Executive Officer 17. The board may appoint the chief executive officer of the Authority to hold office during pleasure for a term of not more than five years. The appointment of the chief executive officer is renewable for one or more subsequent terms of not more than five years. 18. The chief executive officer is responsible for the day-to-day management of the Authority. 19. In the event of the absence or incapacity of, or vacancy in the office of, the chief executive officer, the board may appoint an employee of the Authority to exercise the powers and perform the duties and functions of the chief executive officer. 20. The chief executive officer may not be appointed as a director. 21. (1) The chief executive officer must carry out the duties and functions of his or her office on a full-time basis. � C. 9 Budget Impleme Remuneration (2) The Authority must pay the chief executive officer the remuneration fixed by the Governor in Council. Expenses 22. The chief executive officer is entitled to be paid reasonable travel and living expenses incurred in the course of performing his or her duties while absent from his or her ordinary place of work. ROLE OF THE BOARD Role of the board 23. The board is responsible for the management of the activities and affairs of the Authority. By-laws 24. The board may make by-laws respecting the management and conduct of the activities and affairs of the Authority and the carrying out of the duties and functions of the board, including by-laws establishing (a) a code of ethics for the directors, officers and employees of the Authority; (b) committees of the board, including a human resources committee and an audit committee; and (c) contracting policies for the Authority. STAFF Staff 25. The Authority may employ any officers, employees or agents and retain the services of any technical or professional advisers that it considers necessary for the proper conduct of its activities and affairs and may fix the terms and conditions of their engagement. Accident compensation 26. The Chairperson, the chief executive officer and the directors, officers and employees of the Authority are deemed to be employees for the purposes of the Government Employees Compensation Act and to be employed in the public service of Canada for the purposes of any regulations made under section 9 of the Aeronautics Act. Safety of the public 27. The provision of screening at an aerodrome is conclusively deemed for all purposes to be a service that is necessary to prevent immediate and serious danger to the safety of the public. 2001-2002 Exécution du bu CONTRACTS, AGREEMENTS AND ARRANGEMENTS Contracts with Her Majesty 28. (1) The Authority may enter into contracts, agreements or other arrangements with Her Majesty as if it were not an agent of Her Majesty. Agreements (2) The Authority may enter into agreements with Her Majesty represented by the Solicitor General of Canada or by the Royal Canadian Mounted Police for the provision of services, including services on aircraft, and may make payments in respect of those services. Policing 29. The Authority may, with the approval of the Treasury Board, enter into agreements with designated airport authorities as defined in the Airport Transfer Miscellaneous Matters Act, for the purposes of contributing to the costs of policing incurred by that airport authority in carrying out its responsibilities. Provision of space 30. Every operator of an aerodrome designated by the regulations must provide to the Authority, and maintain free of charge, such space at the aerodrome with services reasonably required by the Authority as the Authority and the operator agree on or, in the absence of agreement, such space at the aerodrome with services reasonably required by the Authority as the Minister determines to be necessary to enable the Authority to carry out its mandate. Audit 31. The Auditor General of Canada is the auditor of the Authority. Protection of information 32. (1) Nothing in this Act, Part X of the Financial Administration Act or the Statutory Instruments Act shall be construed as requiring the tabling before either House of Parliament of any information the publication of which, in the opinion of the Minister, would be detrimental to air transport security or public security. AUDIT SECURITY-RELATED INFORMATION �� Requirement of confidentiality C. 9 Budget Impleme (2) The Authority, authorized aerodrome operators and screening contractors must keep confidential any information the publication of which, in the opinion of the Minister, would be detrimental to air transport security or public security, including financial and other data that might reveal such information. FIVE-YEAR REVIEW Review of Act in five years 33. (1) A review of the provisions and the operation of this Act must be completed by the Minister during the fifth year after this section comes into force. Tabling of report (2) The Minister must cause a report of the results of the review to be laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the report has been completed. REGULATIONS Regulations by Governor in Council 34. The Governor in Council may make regulations (a) designating aerodromes for the purposes of this Act; and (b) requiring the Authority to provide to the Minister such information as the Minister may request. TRANSITIONAL PROVISIONS Initial powers 35. Despite any other provision of this Act, pending the initial appointment of the directors, the Chairperson and any directors who have been appointed have all the powers of the board even if their number does not constitute a quorum. Transfer of screening equipment 36. (1) The Governor in Council may require the Air Transport Security Corporation to transfer to the Authority, on such terms as the Governor in Council considers appropriate, good title in any or all screening equipment or other assets owned by the Corporation immediately before the coming into force of this section, free and clear of all liens and encumbrances, for such consideration as the Governor in Council may determine, having regard to the amount that the 2001-2002 Exécution du bu Corporation paid to acquire it as well as other relevant factors. Other transfers to Authority (2) The Governor in Council may require the Air Transport Security Corporation to transfer to the Authority, on such terms as the Governor in Council considers appropriate, any rights, titles, interests or obligations under any contract entered into by the Corporation that is specified by the Minister, despite any contractual restriction on the transfer of those rights, titles, interests or obligations. Transfer to Authority from air carriers (3) The Governor in Council may require air carriers to transfer to the Authority, on such terms as the Governor in Council considers appropriate, their rights, titles, interests or obligations under any contract respecting screening specified by the Minister, despite any contractual restriction on the transfer of those rights, titles, interests or obligations. Transfer of contracts (4) The transfer to the Authority of responsibility for any existing contracts under this section does not affect any rights, responsibilities or obligations acquired under the Canada Labour Code by the contractors, their employees or any trade union certified to represent those employees. Transfer of screening equipment (5) The Governor in Council may transfer to the Authority any screening equipment owned by Her Majesty, including explosive detection equipment, on such terms and conditions as the Governor in Council considers appropriate. Transfer of Her Majesty’s rights, etc., under contract (6) The Governor in Council may transfer to the Authority, on such terms as the Governor in Council considers appropriate, Her Majesty’s rights, titles, interests or obligations under any contract entered into by the Minister before the coming into force of this section respecting a subject-matter that is within the mandate of the Authority. Acceptance of transfers (7) The Authority must accept any transfer made under this section. �� C. 9 Budget Impleme Appropriation 37. The amount of 340 million dollars is appropriated to the Minister from the Consolidated Revenue Fund for payment to the Authority for operating and capital expenditures incurred by it in the fiscal year 2002-2003 in carrying out its mandate, including payments made to authorized aerodrome operators and contributions made to designated airport authorities. Agreements to continue delivering screening 38. The Authority may enter into an agreement with an air carrier in order to contribute to the costs of screening at an aerodrome designated by regulation, if the costs are incurred by the air carrier after the day on which this section comes into force and before the day on which the Authority is required under the Aeronautics Act to deliver that screening. Financial documents 39. (1) Despite the period prescribed for submitting a corporate plan, an operating budget and a capital budget under the Financial Administration Act, the Authority must, within six months after the coming into force of this section, submit to the Minister in accordance with that Act a corporate plan, an operating budget and a capital budget for its first financial year. Expenditure of funds (2) Until the initial corporate plan, operating budget and capital budget for the Authority have been approved, the Authority may, despite sections 122 to 124 of the Financial Administration Act, expend funds, with the approval of the Minister, that the board considers to be essential for the Authority to become fully operational in a timely manner. Consequential Amendment R.S., c. F-11 Financial Administration Act 3. Part I of Schedule III to the Financial Administration Act is amended by adding the following in alphabetical order: Canadian Air Transport Security Authority Administration canadienne de la sûreté du transport aérien 2001-2002 Exécution du bu Coming into Force Coming into force 4. Sections 2 and 3 or any provisions of the Act enacted by section 2 come into force on a day or days to be fixed by order of the Governor in Council. PART 2 AIR SECURITY CHARGES Air Travellers Security Charge Act 5. The Air Travellers Security Charge Act is enacted as follows: An Act to implement an air travellers security charge SHORT TITLE Short title 1. This Act may be cited as the Air Travellers Security Charge Act. INTERPRETATION Definitions 2. The definitions in this section apply in this Act. ‘‘accredited representative’’ « représentant accrédité » ‘‘accredited representative’’ means a person who is entitled under the Foreign Missions and International Organizations Act to the tax exemptions specified in Article 34 of the Convention set out in Schedule I to that Act or in Article 49 of the Convention set out in Schedule II to that Act. ‘‘Agency’’ « Agence » ‘‘Agency’’ means the Canada Customs and Revenue Agency established by subsection 4(1) of the Canada Customs and Revenue Agency Act. ‘‘air carrier’’ « transporteur aérien » ‘‘air carrier’’ means a person who carries on a business of transporting individuals by air. ‘‘air transportation service’’ « service de transport aérien » ‘‘air transportation service’’ means all of the transportation of an individual by air, by one or more air carriers, included in a continuous journey of the individual. ‘‘assessment’’ « cotisation » ‘‘assessment’’ means an assessment under this Act and includes a reassessment. �� C. 9 Budget Impleme ‘‘bank’’ « banque » ‘‘bank’’ means a bank as defined in section 2 of the Bank Act or an authorized foreign bank, as defined in that section, that is not subject to the restrictions and requirements referred to in subsection 524(2) of that Act. ‘‘charge’’ « droit » ‘‘charge’’, except in the definition ‘‘security interest’’ and section 74, means a charge payable under section 11. ‘‘chargeable emplanement’’ « embarquement assujetti » ‘‘chargeable emplanement’’ means an embarkation by an individual at a listed airport on an aircraft operated by a particular air carrier, except if (a) the embarkation (i) is for the purpose of transferring from a particular flight to a connecting flight and (A) in the case of an air transportation service acquired in Canada, the particular flight included a chargeable emplanement by the individual, (B) the individual embarked on the particular flight outside Canada, or (C) the particular flight included an embarkation that, because of this subparagraph, is not a chargeable emplanement, (ii) is a reboarding of the aircraft to resume a direct flight, (iii) is a boarding of an aircraft that is being used to transport, on a direct flight, the individual to a destination in Canada that is not a listed airport, or (iv) results from the provision of emergency or ground services to an aircraft or its occupants; (b) the individual is (i) an accredited representative, (ii) an infant (other than an infant who has been issued a ticket that entitles the infant to occupy a seat for a part of the service that includes a chargeable emplanement), (iii) an employee 2001-2002 Exécution du bu (A) of the particular carrier, or of another air carrier that is a subsidiary wholly-owned corporation (in this subparagraph having the same meaning as in the Income Tax Act) of the particular carrier or of which the particular carrier is a subsidiary wholly-owned corporation, and (B) whose embarkation is in the course of that employment, or (iv) a prescribed individual; (c) the embarkation is (i) on an aircraft whose maximum certified take-off weight does not exceed 2 730 kg, (ii) on an aircraft referred to in subsection 56(1) of the Canada Transportation Act, (iii) in the course of a service listed in, or prescribed under, subsection 56(2) of the Canada Transportation Act, or (iv) in the course of an air ambulance service; or (d) the embarkation is made in prescribed circumstances. ‘‘Commissioner’’ « commissaire » ‘‘Commissioner’’ means the Commissioner of Customs and Revenue appointed under section 25 of the Canada Customs and Revenue Agency Act. ‘‘continental zone’’ « zone continentale » ‘‘continental zone’’ means (a) Canada; (b) the United States (except Hawaii); and (c) the Islands of St. Pierre and Miquelon. ‘‘continuous journey’’ « voyage continu » ‘‘continuous journey’’ means a journey of an individual (a) for which one ticket is issued; or (b) for which two or more tickets are issued if �� C. 9 Budget Impleme (i) there is no stopover between any of the legs of the journey for which separate tickets are issued, (ii) all the tickets are issued by the same issuer or by two or more issuers through one agent acting on behalf of all such issuers, and (iii) evidence satisfactory to the Minister that there is no stopover between any of the legs of the journey for which separate tickets are issued is (A) maintained by the issuer or agent if the tickets are issued at the same time, or (B) submitted by the issuer or agent if the tickets are issued at different times. ‘‘data’’ « données » ‘‘data’’ means representations, in any form, of information or concepts. ‘‘designated air carrier’’ « transporteur aérien autorisé » ‘‘designated air carrier’’ means an air carrier that is authorized by the Canadian Transportation Agency under Part II of the Canada Transportation Act to operate a domestic service or an international service, but does not include an air carrier that provides services that include only emplanements that are described in paragraph (c) or (d) of the definition ‘‘chargeable emplanement’’. ‘‘fiscal month’’ « mois d’exercice » ‘‘fiscal month’’ means a fiscal month as determined under section 16. ‘‘Her Majesty’’ « Sa Majesté » ‘‘Her Majesty’’ means Her Majesty in right of Canada. ‘‘judge’’ « juge » ‘‘judge’’, in respect of any matter, means a judge of a superior court having jurisdiction in the province in which the matter arises or a judge of the Federal Court. ‘‘listed airport’’ « aéroport désigné » ‘‘listed airport’’ means an airport listed in the schedule and a prescribed airport. ‘‘Minister’’ « ministre » ‘‘Minister’’ means the Minister of National Revenue. ‘‘month’’ means a period beginning on a particular day in a calendar month and ending on ‘‘month’’ « mois » 2001-2002 Exécution du bu (a) the day immediately before the day in the next calendar month that has the same calendar number as the particular day; or (b) if the next calendar month does not have a day that has the same calendar number as the particular day, the last day of that next calendar month. ‘‘person’’ « personne » ‘‘person’’ means an individual, partnership, corporation, trust or estate, or a body that is a society, union, club, association, commission or other organization of any kind whatever. ‘‘prescribed’’ Version anglaise seulement ‘‘prescribed’’ means (a) in the case of a form or the manner of filing a form, authorized by the Minister; (b) in the case of the information to be given on or with a form, specified by the Minister; and (c) in any other case, prescribed by regulation or determined in accordance with rules prescribed by regulation. ‘‘record’’ « registre » ‘‘record’’ means any material on which data are recorded or marked and which is capable of being read or understood by a person or a computer system or other device. ‘‘secured creditor’’ « créancier garanti » ‘‘secured creditor’’ means (a) a particular person who has a security interest in the property of another person; or (b) a person who acts for or on behalf of the particular person with respect to the security interest and includes (i) a trustee appointed under a trust deed relating to a security interest, (ii) a receiver or receiver-manager appointed by the particular person or appointed by a court on the application of the particular person, (iii) a sequestrator, or (iv) any other person performing a function similar to that of a person �� C. 9 Budget Impleme referred to in any of subparagraphs (i) to (iii). ‘‘security interest’’ « garantie » ‘‘security interest’’ means, for the purposes of the definition ‘‘secured creditor’’, section 15 and subsection 75(3), any interest in property that secures payment or performance of an obligation and includes an interest created by or arising out of a debenture, mortgage, hypothec, lien, pledge, charge, deemed or actual trust, assignment or encumbrance of any kind whatever, however or whenever arising, created, deemed to arise or otherwise provided for. ‘‘stopover’’ « escale » ‘‘stopover’’ means the disembarkation of an individual from an aircraft other than a disembarkation (a) that is solely for the purpose of transferring to a connecting flight; (b) that is in the course of a direct flight if the individual reboards the aircraft to resume the flight; or (c) that results from the provision of emergency or ground services to an aircraft or its occupants. ‘‘Tax Court’’ « Cour de l’impôt » ‘‘Tax Court’’ means the Tax Court of Canada. Meaning of ‘‘administration or enforcement of this Act’’ 3. For greater certainty, a reference in this Act to ‘‘administration or enforcement of this Act’’ includes the collection of any amount payable under this Act. Deemed issuance of ticket 4. If no ticket is issued for all or part of a journey, and it is reasonable to consider that a ticket would ordinarily be issued by a person for the journey or for that part, as the case may be, such a ticket is, except for the purposes of paragraph 11(2)(c), deemed to have been issued by the person. Separate journeys deemed 5. A journey that would, if this Act were read without reference to this section, be a continuous journey of an individual that includes more than one chargeable emplanement by the individual at a particular listed airport is, despite any other provision of this Act, deemed 2001-2002 Exécution du bu (a) not to be a continuous journey; and (b) to be a series of separate continuous journeys each of which commences with the second and any subsequent chargeable emplanement from the particular listed airport. APPLICATION Binding on Her Majesty Application to air transportation services 6. This Act is binding on Her Majesty in right of Canada or a province. 7. This Act applies in respect of (a) the acquisition, on or before March 31, 2002, of an air transportation service for which any consideration is paid or becomes payable after March 31, 2002 and that includes a chargeable emplanement (i) made after March 31, 2002, if the service is acquired in Canada, or (ii) made after May 31, 2002, if the service is acquired outside Canada; and (b) the acquisition after March 31, 2002 of an air transportation service that includes a chargeable emplanement (i) made after March 31, 2002, if the service is acquired in Canada, or (ii) made after May 31, 2002, if the service is acquired outside Canada. ADMINISTRATION AND OFFICERS Minister’s duty 8. The Minister shall administer and enforce this Act and the Commissioner may exercise the powers and perform the duties of the Minister under this Act. Officers and employees 9. (1) The officers, employees and agents that are necessary to administer and enforce this Act shall be appointed, employed or engaged in the manner authorized by law. Delegation of powers (2) The Minister may authorize an officer or agent or a class of officers or agents to exercise powers or perform duties of the Minister, including any judicial or quasi-judicial power or duty of the Minister, under this Act. �� Administration of oaths C. 9 Budget Impleme 10. Any officer, if designated by the Minister for the purpose, may administer oaths and take and receive affidavits, declarations and affirmations for the purposes of or incidental to the administration or enforcement of this Act, and every officer so designated has for those purposes all the powers of a commissioner for administering oaths or taking affidavits. CHARGE PAYABLE Charge payable 11. (1) Every person who acquires from a designated air carrier all or part of an air transportation service that includes a chargeable emplanement shall pay to Her Majesty a charge as determined under this Act in respect of the service. When charge payable (2) The charge in respect of the air transportation service is payable (a) if any consideration is paid or payable for the service, at the time any consideration for the service is first paid or becomes payable; (b) if no consideration is paid or payable for the service, at the time a ticket is issued for the service; or (c) if no consideration is paid or payable for the service and no ticket is issued for the service, at the time of emplanement. Amount of charge if service acquired in Canada 12. (1) Subject to subsection (3), if an air transportation service is acquired in Canada, the amount of the charge in respect of the service is (a) $11.22 for each chargeable emplanement included in the service, to a maximum of $22.43, if (i) the service does not include transportation to a destination outside the continental zone, and (ii) tax under subsection 165(1) of the Excise Tax Act is required to be paid in respect of the service; (b) $12.00 for each chargeable emplanement included in the service, to a maximum of $24.00, if 2001-2002 Exécution du bu (i) the service does not include transportation to a destination outside the continental zone, and (ii) tax under subsection 165(1) of the Excise Tax Act is not required to be paid in respect of the service; or (c) $24.00, if the service includes transportation to a destination outside the continental zone. Amount of charge if service acquired outside Canada (2) Subject to subsection (3), if an air transportation service is acquired outside Canada, the amount of the charge in respect of the service is (a) $11.22 for each chargeable emplanement by an individual on an aircraft used to transport the individual to a destination outside Canada but within the continental zone, to a maximum of $22.43, if (i) the service does not include transportation to a destination outside the continental zone, and (ii) tax under subsection 165(1) of the Excise Tax Act is required to be paid in respect of the service; (b) $12.00 for each chargeable emplanement by an individual on an aircraft used to transport the individual to a destination outside Canada but within the continental zone, to a maximum of $24.00, if (i) the service does not include transportation to a destination outside the continental zone, and (ii) tax under subsection 165(1) of the Excise Tax Act is not required to be paid in respect of the service; or (c) $24.00, if the service includes transportation to a destination outside the continental zone. Prescribed amount of charge (3) The amount of the charge in respect of a prescribed air transportation service is the lesser of (a) the amount that is determined in respect of the service under subsection (1) or (2), as the case may be, and �� C. 9 Budget Impleme (b) the amount that is prescribed, or determined in accordance with prescribed rules, in respect of the service. Air transportation service deemed to be acquired in Canada 13. (1) An air transportation service that is acquired outside Canada is deemed to have been acquired in Canada and not outside Canada if any consideration for the service is paid (a) by transmission from within Canada to a place outside Canada, by mail or electronic means, of cash, a cheque, a money order, a credit or debit card payment or any similar means of payment, to a ticket office, travel agency or air carrier or any representative of any of them; (b) by delivery of an amount to an agency located within Canada for transmission to a ticket office, travel agency, air carrier or any representative of any of them located outside Canada; or (c) by any other arrangement with a person outside Canada for the benefit or convenience of a person who is resident in Canada. Charter flights (2) If an air transportation service that begins in Canada is acquired outside Canada by a person in the course of a charter operation, the service is deemed to have been acquired in Canada and not outside Canada. COLLECTION OF CHARGE Duty of designated air carrier to collect charge 14. (1) Subject to subsections (2) and (3), every designated air carrier from whom all or part of an air transportation service is acquired by a person who is required by this Act to pay a charge in respect of that service shall, as an agent of Her Majesty, collect the charge not later than the time the charge becomes payable by the person. Multiple carriers — service acquired in Canada (2) If an air transportation service acquired in Canada is comprised of transportation of an individual by air by two or more designated air carriers, any charge that is payable in respect of the service shall be collected (a) if all of the tickets for the service are issued by a designated air carrier, by that carrier; or 2001-2002 Exécution du bu (b) in any other case, by the designated air carrier operating the aircraft on which the individual first makes a chargeable emplanement. Issuing carrier deemed to be supplier of service (3) If a ticket for an air transportation service acquired in Canada is issued to a person by a designated air carrier that does not provide any part of the air transportation service, the air transportation service is deemed to have been acquired by the person from that designated air carrier. Multiple carriers — service acquired outside Canada (4) If an air transportation service acquired outside Canada is comprised of transportation of an individual by air by two or more designated air carriers, any charge that is payable in respect of the service shall be collected by the designated air carrier operating the first aircraft that transports the individual to a destination outside Canada and on which the individual makes a chargeable emplanement included in the service. Joint and several or solidary liability (5) If a designated air carrier issues a ticket and accepts consideration on behalf of another designated air carrier for an air transportation service acquired outside Canada in respect of which the other carrier is required to collect a charge, those carriers are jointly and severally or solidarily liable for all obligations under this Act arising from, or as a consequence of, the acquisition of the service or any failure to collect or pay the charge. Trust for amounts collected 15. (1) Every person who collects an amount as or on account of a charge is deemed, for all purposes and despite any security interest (other than a prescribed security interest) in the amount, to hold the amount in trust for Her Majesty, separate and apart from the property of the person and from property held by any secured creditor of the person that, but for a security interest, would be property of the person, until the amount is paid to the Receiver General or withdrawn under subsection (3). Amounts collected before bankruptcy (2) Subsection (1) does not apply, at or after the time a person becomes a bankrupt (within the meaning of the Bankruptcy and Insolvency Act), to any amounts that, before that time, �� C. 9 Budget Impleme were collected or became collectible by the person as or on account of a charge. Withdrawal from trust (3) A person who holds amounts in trust by reason of subsection (1) may withdraw from the amounts any amount refunded by the person under section 32. Extension of trust (4) Despite any other provision of this Act, any other enactment of Canada (except the Bankruptcy and Insolvency Act), any enactment of a province or any other law, if at any time an amount deemed by subsection (1) to be held by a person in trust for Her Majesty is not remitted to the Receiver General or withdrawn in the manner and at the time provided under this Part, property of the person and property held by any secured creditor of the person that, but for a security interest, would be property of the person, equal in value to the amount so deemed to be held in trust, is deemed (a) to be held, from the time the amount was collected by the person, in trust for Her Majesty, separate and apart from the property of the person, whether or not the property is subject to a security interest, and (b) to form no part of the estate or property of the person from the time the amount was collected, whether or not the property has in fact been kept separate and apart from the estate or property of the person and whether or not the property is subject to a security interest and is property beneficially owned by Her Majesty despite any security interest in the property or in the proceeds thereof, and the proceeds of the property shall be paid to the Receiver General in priority to all security interests. GENERAL PROVISIONS CONCERNING CHARGES AND OTHER AMOUNTS PAYABLE Fiscal Month Determination of fiscal months 16. The fiscal months of a designated air carrier shall be determined in accordance with the following rules: (a) if fiscal months of the carrier have been determined under subsection 243(2) or (4) of the Excise Tax Act for the purposes of Part 2001-2002 Exécution du bu IX of that Act, each of those fiscal months is a fiscal month of the carrier for the purposes of this Act; (b) if fiscal months of the carrier have not been determined under subsection 243(2) or (4) of the Excise Tax Act for the purposes of Part IX of that Act, the carrier may choose, at the time of registration under section 17, as their fiscal months for the purposes of this Act, fiscal months that meet the requirements set out in subsection 243(2) of the Excise Tax Act; and (c) if paragraph (a) does not apply and the carrier has not chosen their fiscal months under paragraph (b), each calendar month is a fiscal month of the carrier for the purposes of this Act. Returns and Payments of Charges and Other Amounts Registration 17. (1) Every designated air carrier that is required to collect a charge shall register with the Minister in the prescribed form and manner before the end of the first fiscal month in which the carrier collects or is required to collect charges. Returns and payments (2) Every designated air carrier that is registered or is required to register shall, not later than the last day of the first month after each fiscal month of the carrier, (a) file a return with the Minister, in the prescribed form and manner containing all prescribed information, for that fiscal month; (b) calculate, in the return, the total of (i) all charges required to be collected by the carrier during that fiscal month other than such a charge that was collected by the carrier before that fiscal month, (ii) all amounts each of which is a charge collected by the carrier during that fiscal month at a time before the charge became payable under subsection 11(2) if the time at which the charge becomes so payable is after the end of that fiscal month, and �� C. 9 Budget Impleme (iii) all other amounts collected as or on account of charges by the carrier during that fiscal month that were not included in a calculation under subparagraph (i) or (ii) for a previous fiscal month; and (c) pay an amount equal to that total to the Receiver General. Amount collected as charge by person not required to collect 18. Every person who collects an amount as or on account of a charge and who is not required to pay it to the Receiver General under subsection 17(2) shall, without delay, pay that amount to the Receiver General and report the matter to the Minister in the prescribed form and manner. Set-off of refunds 19. If, at any time, a designated air carrier files a return under section 17 in which the carrier reports an amount that is required to be paid under this Act by it and the carrier claims a refund payable to it under this Act at that time, in the return or in another return, or in a separate application filed under this Act with the return, the carrier is deemed to have paid at that time, and the Minister is deemed to have refunded at that time, an amount equal to the lesser of the amount required to be paid and the amount of the refund. Large payments 20. Every person who is required under this Act to pay an amount to the Receiver General shall, if the amount is $50,000 or more, make the payment to the account of the Receiver General at (a) a bank; (b) a credit union; (c) a corporation authorized under the laws of Canada or a province to carry on the business of offering its services as a trustee to the public; or (d) a corporation authorized under the laws of Canada or a province to accept deposits from the public and that carries on the business of lending money on the security of real property or immovables or investing in mortgages on real property or hypothecs on immovables. 2001-2002 Exécution du bu Small amounts owing 21. (1) If, at any time, the total of all unpaid amounts owing by a designated air carrier to the Receiver General under this Act does not exceed $2.00, the amount owing by the carrier is deemed to be nil. Small amounts payable (2) If, at any time, the total of all amounts payable by the Minister to a designated air carrier under this Act does not exceed $2.00, the Minister is not required to pay any of the amounts payable. The Minister may apply those amounts against a liability of the carrier. Authority for separate returns 22. (1) A designated air carrier that engages in one or more activities in separate branches or divisions may file an application, in the prescribed form and manner, with the Minister for authority to file separate returns and applications for refunds under this Act in respect of a branch or division specified in the application. Authorization by Minister (2) On receipt of the application, the Minister may, in writing, authorize the designated air carrier to file separate returns and applications for refunds in relation to the specified branch or division, subject to any conditions that the Minister may at any time impose, if the Minister is satisfied that (a) the branch or division can be separately identified by reference to the location of the branch or division or the nature of the activities engaged in by it; and (b) separate records, books of account and accounting systems are maintained in respect of the branch or division. Revocation of authorization (3) The Minister may revoke an authorization if (a) the designated air carrier, in writing, requests the Minister to revoke the authorization; (b) the designated air carrier fails to comply with any condition imposed in respect of the authorization or any provision of this Act; (c) the Minister is no longer satisfied that the requirements of subsection (2) in respect of the designated air carrier are met; or (d) the Minister considers that the authorization is no longer required. �� C. 9 Budget Impleme Notice of revocation (4) If the Minister revokes an authorization, the Minister shall send a notice in writing of the revocation to the designated air carrier and shall specify in the notice the effective date of the revocation. Meaning of ‘‘electronic filing’’ 23. (1) For the purposes of this section, ‘‘electronic filing’’ means using electronic media in a manner specified in writing by the Minister. Electronic filing of return (2) A designated air carrier that is required to file with the Minister a return under this Act, and that meets the criteria specified in writing by the Minister for the purposes of this section, may file the return by way of electronic filing. Deemed filing (3) For the purposes of this Act, if a designated air carrier files a return by way of electronic filing, the return is deemed to be a return in the prescribed form filed with the Minister on the day the Minister acknowledges acceptance of it. Execution of returns, etc. 24. A return (other than a return filed by way of electronic filing under section 23) or other document made under this Act by a person that is not an individual shall be signed on behalf of the person by an individual duly authorized to do so by the person or the governing body of the person. If the person is a corporation or an association or organization that has duly elected or appointed officers, the president, vice-president, secretary and treasurer, or other equivalent officers, of the corporation, association or organization, are deemed to be so duly authorized. Extension of time 25. The Minister may at any time extend, in writing, the time for filing a return or providing information under this Act. Demand for return 26. The Minister may, by a demand served personally or by registered or certified mail, require a designated air carrier to file, within any reasonable time that may be stipulated in the demand, a return under this Act for any period that may be designated in the demand. 2001-2002 Exécution du bu Interest Compound interest on amounts not paid when required 27. (1) If a person fails to pay an amount, other than an amount of penalty under subsection 53(1), to the Receiver General as and when required under this Act, the person shall pay to the Receiver General interest on the amount. The interest shall be compounded daily at the prescribed rate and computed for the period that begins on the first day after the day on or before which the amount was required to be paid and that ends on the day the amount is paid. Payment of interest that is compounded (2) For the purposes of subsection (1), interest that is compounded on a particular day on an unpaid amount of a person is deemed to be required to be paid by the person to the Receiver General at the end of the particular day, and, if the person has not paid the interest so computed by the end of the day after the particular day, the interest shall be added to the unpaid amount at the end of the particular day. Compound interest on amounts owed by Her Majesty 28. Interest shall be compounded daily at the prescribed rate on amounts owed by Her Majesty to a person and computed for the period beginning on the first day after the day on which the amount is required to be paid by Her Majesty and ending on the day on which the amount is paid or is applied against an amount owed by the person to Her Majesty. Application of interest provisions if Act amended 29. For greater certainty, if a provision of an Act amends this Act and provides that the amendment comes into force on, or applies as of, a particular day that is before the day on which the provision is assented to, the provisions of this Act that relate to the calculation and payment of interest apply in respect of the amendment as though the provision had been assented to on the particular day. Waiving or reducing interest 30. The Minister may at any time waive or reduce any interest payable by a person under this Act. �� C. 9 Budget Impleme Refunds Statutory recovery rights 31. Except as specifically provided under this Act or the Financial Administration Act, no person has a right to recover any money paid to Her Majesty as or on account of, or that has been taken into account by Her Majesty as, an amount payable under this Act. Refund of charge if service not provided 32. (1) A designated air carrier may refund or credit an amount to a person if (a) the carrier collected the amount from the person as or on account of a charge in respect of an air transportation service acquired by the person; (b) the person was required by this Act to pay a charge in respect of the service; and (c) the service (i) was not used by any person before all rights to be provided the transportation by air included in the service expired, or (ii) was used only partially before all rights to be provided the transportation by air included in the service expired if the part that was used would not, by itself, be subject to a charge. Refund of charge collected in error (2) A designated air carrier that has collected from a person an amount as or on account of a charge in excess of the charge that was collectible by the carrier from the person may refund or credit the excess to that person. Issuance of document evidencing refund (3) A designated air carrier that refunds or credits an amount to a person in accordance with subsection (1) or (2) within two years after the day the amount was collected shall, within a reasonable time, issue to the person a document containing information specified by the Minister. Deduction of refund (4) A designated air carrier that has refunded or credited an amount under subsection (1) or (2) within two years after the day the amount was collected and that has issued to a person a document in accordance with subsection (3) may deduct the amount of the refund or credit from the amount payable by the carrier under subsection 17(2) for the fiscal 2001-2002 Exécution du bu month of the carrier in which the document is issued to the person, to the extent that the amount of the charge has been included by the carrier in determining the amount payable by the carrier under subsection 17(2) for the fiscal month or a preceding fiscal month of the carrier. Payment in error 33. (1) The Minister may pay a refund to a person (a) if the person paid an amount in excess of the amount that was payable by that person under this Act; or (b) if the person has paid to a designated air carrier an amount as or on account of a charge (i) in respect of an air transportation service that was not used by any person before all rights to be provided the transportation by air included in the service expired, or (ii) in respect of an air transportation service that was used only partially before all rights to be provided the transportation by air included in the service expired if the part that was used would not, by itself, be subject to a charge. Amount of refund (2) The amount of a refund payable by the Minister is, if paragraph (1)(a) applies, the amount of the excess referred to in that paragraph and, if paragraph (1)(b) applies, the amount paid as or on account of the charge. Restriction (3) A refund under this section in respect of an amount shall not be paid to a person to the extent that (a) the amount was taken into account as an amount required to be paid by the person in respect of one of their fiscal months and the Minister has assessed the person for the month under section 39; or (b) the amount was an amount assessed under section 39. Application for refund (4) A refund of an amount shall not be paid to a person unless the person files with the Minister an application for the refund in the prescribed form and manner within two years after the person paid the amount. �� Restriction on refunds, etc. C. 9 Budget Impleme 34. (1) A refund of an amount under this Act shall not be paid to a person to the extent that it can reasonably be regarded that (a) the amount has previously been refunded, remitted, applied or paid to that person under this or any other Act of Parliament; (b) the person has applied for a refund, payment or remission of the amount under any other Act of Parliament; or (c) the amount has been or will be refunded to the person under section 32. Single application (2) Only one application may be made under this Act for a refund with respect to any matter. Restriction re trustees 35. If a trustee is appointed under the Bankruptcy and Insolvency Act to act in the administration of the estate of a bankrupt, a refund under this Act that the bankrupt was entitled to claim before the appointment shall not be paid after the appointment unless all returns required under this Act to be filed for fiscal months of the bankrupt ending before the appointment have been filed and all amounts required under this Act to be paid by the bankrupt in respect of those fiscal months have been paid. Overpayment of refunds, etc. 36. (1) If an amount is paid to, or applied to a liability of, a person as a refund under this Act and the person is not entitled to the amount or the amount paid or applied exceeds the refund or other payment to which the person is entitled, the person shall pay to the Receiver General an amount equal to the refund, payment or excess on the day the amount is paid to, or applied to a liability of, the person. Effect of reduction of refund, etc. (2) For the purpose of subsection (1), if a refund or other payment has been paid to a person in excess of the amount to which the person was entitled and the amount of the excess has, by reason of section 34, reduced the amount of any other refund or other payment to which the person would, but for the payment of the excess, be entitled, the 2001-2002 Exécution du bu person is deemed to have paid the amount of the reduction to the Receiver General. Records and Information Keeping records 37. (1) Every person who collects or is required to collect a charge shall keep all records that are necessary to determine whether they have complied with this Act. Minister may specify information (2) The Minister may specify in writing the form a record is to take and any information that the record must contain. Language and location of record (3) Unless otherwise authorized by the Minister, a record shall be kept in Canada in English or French. Electronic records (4) Every person required under this Act to keep a record who does so electronically shall ensure that all equipment and software necessary to make the record intelligible are available during the retention period required for the record. Inadequate records (5) If a person fails to keep adequate records for the purposes of this Act, the Minister may, in writing, require the person to keep any records that the Minister may specify, and the person shall keep the records specified by the Minister. General period for retention (6) Every person who is required to keep records shall retain them until the expiry of six years after the end of the year to which they relate or for any other period that may be prescribed. Objection or appeal (7) If a person who is required under this Act to keep records serves a notice of objection or is a party to an appeal or reference under this Act, the person shall retain every record that pertains to the subject-matter of the objection, appeal or reference until the objection, appeal or reference is finally disposed of. Demand by Minister (8) If the Minister is of the opinion that it is necessary for the administration or enforcement of this Act, the Minister may, by a demand served personally or by registered or certified mail, require any person required under this Act to keep records to retain those records for any period that is specified in the demand, and the person shall comply with the demand. �� C. 9 Budget Impleme Permission for earlier disposal (9) A person who is required under this Act to keep records may dispose of them before the expiry of the period during which they are required to be kept if written permission for their disposal is given by the Minister. Requirement to provide information 38. (1) Despite any other provision of this Act, the Minister may, by a notice served personally or by registered or certified mail, require a person resident in Canada or a person who is not resident in Canada but who carries on business in Canada to provide any information or record. Notice (2) The notice shall set out (a) a reasonable period of not less than 90 days for the provision of the information or record; (b) a description of the information or record being sought; and (c) the consequences under subsection (7) to the person of any failure to provide the information or record being sought within the period set out in the notice. Review of information requirement (3) The person on whom a notice of a requirement is served may, within 90 days after the service of the notice, apply to a judge for a review of the requirement. Powers on review (4) On hearing an application in respect of a requirement, a judge may (a) confirm the requirement; (b) vary the requirement if satisfied that it is appropriate in the circumstances to do so; or (c) set aside the requirement if satisfied that it is unreasonable. Requirement not unreasonable (5) For the purposes of subsection (4), a requirement to provide information or a record shall not be considered to be unreasonable solely because the information or record is under the control of or available to a person who is not resident in Canada, if that person is related, for the purposes of the Income Tax Act, to the person served with the notice of the requirement. 2001-2002 Time during consideration not to count Exécution du bu (6) The period between the day on which an application for the review of a requirement is made and the day on which the review is decided shall not be counted in the computation of (a) the period set out in the notice of the requirement; or (b) the period within which an assessment may be made under section 42. Consequence of failure (7) If a person fails to comply substantially with a notice served under subsection (1) and the notice is not set aside under subsection (4), any court having jurisdiction in a civil proceeding relating to the administration or enforcement of this Act shall, on the motion of the Minister, prohibit the introduction by that person of any information or record described in that notice. Assessments Assessment 39. (1) The Minister may assess a person for any charge or other amount payable by the person under this Act and may, despite any previous assessment covering, in whole or in part, the same matter, vary the assessment, reassess the person assessed or make any additional assessments that the circumstances require. Liability not affected (2) The liability of a person to pay an amount under this Act is not affected by an incorrect or incomplete assessment or by the fact that no assessment has been made. Minister not bound (3) The Minister is not bound by any return, application or information provided by or on behalf of any person and may make an assessment despite any return, application or information provided or not provided. Refund on reassessment (4) If a person has paid an amount assessed under this section in respect of a fiscal month and the amount paid exceeds the amount determined on reassessment to have been payable by the person in respect of that fiscal month, the Minister shall refund to the person the amount of the excess and, for the purpose of section 28, the refund is deemed to have been required to be paid on the day on which the amount was paid to the Minister. �� C. 9 Budget Impleme Determination of refunds (5) In making an assessment, the Minister may take into account any refund payable to the person being assessed under this Act. If the Minister does so, the person is deemed to have applied for the refund under this Act on the day the notice of assessment is sent. Assessment of refund 40. (1) On receipt of an application made by a person for a refund under this Act, the Minister shall, without delay, consider the application and assess the amount of the refund, if any, payable to the person. Reassessment (2) The Minister may reassess or make an additional assessment of the amount of a refund despite any previous assessment of the amount of the refund. Payment (3) If on assessment under this section the Minister determines that a refund is payable to a person, the Minister shall pay the refund to the person. Restriction (4) A refund shall not be paid until the person has filed with the Minister all returns or other records that are required to be filed under this Act. Interest (5) If a refund is paid to a person, the Minister shall pay interest at the prescribed rate to the person on the refund for the period beginning on the day that is 30 days after the day on which the application for the refund is filed with the Minister and ending on the day on which the refund is paid. Notice of assessment 41. (1) After making an assessment under this Act, the Minister shall send to the person assessed a notice of the assessment. Payment of remainder (2) If the Minister has assessed a person for an amount, any portion of that amount then remaining unpaid is payable to the Receiver General as of the date of the notice of assessment. Limitation period for assessments 42. (1) Subject to subsections (2) to (4), no assessment in respect of any charge or other amount payable by a person under this Act shall be made more than four years after it became payable by the person under this Act. 2001-2002 Exception where objection or appeal Exécution du bu (2) A variation of an assessment, or a reassessment, in respect of any charge or other amount payable under this Act by a person may be made at any time if the variation or reassessment is made (a) to give effect to a decision on an objection or appeal; or Exception where neglect or fraud (b) with the written consent of an appellant to dispose of an appeal. (3) An assessment in respect of any matter may be made at any time if the person to be assessed has, in respect of that matter, (a) made a misrepresentation that is attributable to their neglect, carelessness or wilful default; or (b) committed fraud with respect to a return or an application for a refund filed under this Act. Exception where waiver Filing waiver Revoking waiver Objection to assessment (4) An assessment in respect of any matter specified in a waiver filed under subsection (5) may be made at any time within the period specified in the waiver unless the waiver has been revoked under subsection (6), in which case an assessment may be made at any time during the six months that the waiver remains in effect. (5) Any person may, within the time otherwise limited by subsection (1) for an assessment, waive the application of that subsection by filing with the Minister a waiver in the prescribed form specifying the period for which, and the matter in respect of which, the person waives the application of that subsection. (6) Any person who has filed a waiver may revoke it by filing with the Minister a notice of revocation of the waiver in the prescribed form and manner. The waiver remains in effect for six months after the notice is filed. Objections to Assessment 43. (1) Any person who has been assessed and who objects to the assessment may, within 90 days after the date of the notice of the assessment, file with the Minister a notice of objection in the prescribed form and manner setting out the reasons for the objection and all relevant facts. �� Issue to be decided C. 9 Budget Impleme (2) A notice of objection shall (a) reasonably describe each issue to be decided; (b) specify in respect of each issue the relief sought, expressed as the change in any amount that is relevant for the purposes of the assessment; and (c) provide the facts and reasons relied on by the person in respect of each issue. Late compliance (3) Despite subsection (2), if a notice of objection does not include the information required under paragraph (2)(b) or (c) in respect of an issue to be decided that is described in the notice, the Minister may, in writing, request the person to provide the information, and that paragraph is deemed to be complied with in respect of the issue if, within 60 days after the request is made, the person submits the information in writing to the Minister. Limitation on objections (4) Despite subsection (1), if a person has filed a notice of objection to an assessment (in this subsection referred to as the ‘‘earlier assessment’’) and the Minister makes a particular assessment under subsection (8) as a result of the notice of objection, unless the earlier assessment was made in accordance with an order of a court vacating, varying or restoring an assessment or referring an assessment back to the Minister for reconsideration and reassessment, the person may object to the particular assessment in respect of an issue (a) only if the person complied with subsection (2) in the notice with respect to that issue; and (b) only with respect to the relief sought in respect of that issue as specified by the person in the notice. Application of subsection (4) (5) Subsection (4) does not limit the right of the person to object to the particular assessment in respect of an issue that was part of the particular assessment and not part of the earlier assessment. 2001-2002 Exécution du bu Limitation on objections (6) Despite subsection (1), no objection may be made by a person in respect of an issue for which the right of objection has been waived in writing by the person. Acceptance of objection (7) The Minister may accept a notice of objection even though it was not filed in the prescribed form and manner. Consideration of objection (8) On receipt of a notice of objection, the Minister shall, without delay, reconsider the assessment and vacate or confirm it or make a reassessment. Waiving reconsideration (9) If, in a notice of objection, a person who wishes to appeal directly to the Tax Court requests the Minister not to reconsider the assessment objected to, the Minister may confirm the assessment without reconsideration. Notice of decision (10) After reconsidering an assessment under subsection (8) or confirming an assessment under subsection (9), the Minister shall notify the person objecting to the assessment of the Minister’s decision by registered or certified mail. Extension of time by Minister 44. (1) If no objection to an assessment is filed under section 43 within the time limited under this Act, a person may make an application to the Minister to extend the time for filing a notice of objection and the Minister may grant the application. Contents of application (2) An application must set out the reasons why the notice of objection was not filed within the time limited under this Act for doing so. How application made (3) An application must be made by delivering or mailing, to the Chief of Appeals in a Tax Services Office or Taxation Centre of the Agency, the application accompanied by a copy of the notice of objection. Defect in application (4) The Minister may accept an application even though it was not made in accordance with subsection (3). Duties of Minister (5) On receipt of an application, the Minister shall, without delay, consider the application and grant or refuse it, and shall notify the person of the decision by registered or certified mail. �� C. 9 Budget Impleme Date of objection if application granted (6) If an application is granted, the notice of objection is deemed to have been filed on the day of the decision of the Minister. Conditions — grant of application (7) No application shall be granted under this section unless (a) the application is made within one year after the expiry of the time limited under this Act for objecting; and (b) the person demonstrates that (i) within the time limited under this Act for objecting, the person (A) was unable to act or to give a mandate to act in their name, and (B) had a bona fide intention to object to the assessment, (ii) given the reasons set out in the application and the circumstances of the case, it would be just and equitable to grant the application, and (iii) the application was made as soon as circumstances permitted it to be made. Appeal Extension of time by Tax Court 45. (1) A person who has made an application under section 44 may apply to the Tax Court to have the application granted after either (a) the Minister has refused the application; or (b) 90 days have elapsed after the application was made and the Minister has not notified the person of the Minister’s decision. When application may not be made (2) No application may be made after the expiry of 30 days after the decision referred to in subsection 44(5) was mailed to the person. How application made (3) An application must be made by filing in the Registry of the Tax Court, in accordance with the Tax Court of Canada Act, three copies of the documents delivered or mailed under subsection 44(3). Copy to the Commissioner (4) The Tax Court must send a copy of the application to the Commissioner. 2001-2002 Exécution du bu Powers of Tax Court (5) The Tax Court may dispose of an application by dismissing or granting it and, in granting it, the Court may impose any terms that it considers just or order that the notice of objection be deemed to be a valid objection as of the date of the order. When application to be granted (6) No application shall be granted under this section unless (a) the application under subsection 44(1) was made within one year after the expiry of the time limited under this Act for objecting; and (b) the person demonstrates that (i) within the time limited under this Act for objecting, the person (A) was unable to act or to give a mandate to act in their name, and (B) had a bona fide intention to object to the assessment, (ii) given the reasons set out in the application under this section and the circumstances of the case, it would be just and equitable to grant the application, and (iii) the application under subsection 44(1) was made as soon as circumstances permitted it to be made. Appeal to Tax Court 46. (1) Subject to subsection (2), a person who has filed a notice of objection to an assessment may appeal to the Tax Court to have the assessment vacated or a reassessment made after (a) the Minister has confirmed the assessment or has reassessed; or (b) 180 days have elapsed after the filing of the notice of objection and the Minister has not notified the person that the Minister has vacated or confirmed the assessment or has reassessed. No appeal (2) No appeal under subsection (1) may be instituted after the expiry of 90 days after notice that the Minister has reassessed or confirmed the assessment is sent to the person under subsection 43(10). �� C. 9 Budget Impleme Amendment of appeal (3) The Tax Court may, on any terms that it sees fit, authorize a person who has instituted an appeal in respect of a matter to amend the appeal to include any further assessment in respect of the matter that the person is entitled under this section to appeal. Extension of time to appeal 47. (1) If no appeal to the Tax Court under section 46 has been instituted within the time limited by that section for doing so, a person may make an application to the Tax Court for an order extending the time within which an appeal may be instituted, and the Court may make an order extending the time for appealing and may impose any terms that it considers just. Contents of application (2) An application must set out the reasons why the appeal was not instituted within the time limited under section 46 for doing so. How application made (3) An application must be made by filing in the Registry of the Tax Court, in accordance with the Tax Court of Canada Act, three copies of the application together with three copies of the notice of appeal. Copy to Deputy Attorney General of Canada (4) The Tax Court must send a copy of the application to the office of the Deputy Attorney General of Canada. When order to be made (5) No order shall be made under this section unless (a) the application is made within one year after the expiry of the time limited under section 46 for appealing; and (b) the person demonstrates that (i) within the time limited under section 46 for appealing, the person (A) was unable to act or to give a mandate to act in their name, and (B) had a bona fide intention to appeal, (ii) given the reasons set out in the application and the circumstances of the case, it would be just and equitable to grant the application, (iii) the application was made as soon as circumstances permitted it to be made, and 2001-2002 Exécution du bu (iv) there are reasonable grounds for the appeal. Limitation on appeals to the Tax Court 48. (1) Despite section 46, if a person has filed a notice of objection to an assessment, the person may appeal to the Tax Court to have the assessment vacated, or a reassessment made, only with respect to (a) an issue in respect of which the person has complied with subsection 43(2) in the notice and the relief sought in respect of the issue as specified by the person in the notice; or (b) an issue described in subsection 43(5) if the person was not required to file a notice of objection to the assessment that gave rise to the issue. No appeal if waiver (2) Despite section 46, a person may not appeal to the Tax Court to have an assessment vacated or varied in respect of an issue for which the right of objection or appeal has been waived in writing by the person. Institution of appeals 49. An appeal to the Tax Court under this Act shall be instituted in accordance with the Tax Court of Canada Act. Disposition of appeal 50. The Tax Court may dispose of an appeal from an assessment by (a) dismissing it; or (b) allowing it and (i) vacating the assessment, or (ii) referring the assessment back to the Minister for reconsideration and reassessment. References to Tax Court 51. (1) If the Minister and another person agree in writing that a question arising under this Act, in respect of any assessment or proposed assessment of the person, should be determined by the Tax Court, that question shall be determined by that Court. Time during consideration not to count (2) For the purpose of making an assessment of a person who agreed in writing to the determination of a question, filing a notice of objection to an assessment or instituting an appeal from an assessment, the time between �� C. 9 Budget Impleme the day on which proceedings are instituted in the Tax Court to have a question determined and the day on which the question is finally determined shall not be counted in the computation of (a) the four-year period referred to in subsection 42(1); (b) the period within which a notice of objection to an assessment may be filed under section 43; or (c) the period within which an appeal may be instituted under section 46. Reference of common questions to Tax Court Contents of application 52. (1) If the Minister is of the opinion that a question arising out of one and the same transaction or occurrence or series of transactions or occurrences is common to assessments or proposed assessments in respect of two or more persons, the Minister may apply to the Tax Court for a determination of the question. (2) An application shall set out (a) the question in respect of which the Minister requests a determination; (b) the names of the persons that the Minister seeks to have bound by the determination; and (c) the facts and reasons on which the Minister relies and on which the Minister based or intends to base assessments of each person named in the application. Service (3) A copy of the application shall be served by the Minister on each of the persons named in it and on any other person who, in the opinion of the Tax Court, is likely to be affected by the determination of the question. Determination by Tax Court of question (4) If the Tax Court is satisfied that a determination of a question set out in an application will affect assessments or proposed assessments in respect of two or more persons who have been served with a copy of the application and who are named in an order of the Tax Court under this subsection, it may (a) if none of the persons so named has appealed from such an assessment, proceed to determine the question in any manner that it considers appropriate; or 2001-2002 Exécution du bu (b) if one or more of the persons so named has or have appealed, make any order that it considers appropriate joining a party or parties to that appeal or those appeals and proceed to determine the question. Determination final and conclusive (5) Subject to subsection (6), if a question set out in an application is determined by the Tax Court, the determination is final and conclusive for the purposes of any assessments of persons named by the Court under subsection (4). Appeal (6) If a question set out in an application is determined by the Tax Court, the Minister or any of the persons who have been served with a copy of the application and who are named in an order of the Court under subsection (4) may, in accordance with the provisions of this Act, the Tax Court of Canada Act or the Federal Court Act, as they relate to appeals from or applications for judicial review of decisions of the Tax Court, appeal from the determination. Parties to appeal (7) The parties who are bound by a determination are parties to any appeal from the determination. Time during consideration not counted (8) For the purpose of making an assessment of a person, filing a notice of objection to an assessment or instituting an appeal from an assessment, the periods described in subsection (9) shall not be counted in the computation of (a) the four-year period referred to in subsection 42(1); (b) the period within which a notice of objection to an assessment may be filed under section 43; or (c) the period within which an appeal may be instituted under section 46. Excluded periods (9) The period that is not to be counted in the computation of the periods described in paragraphs (8)(a) to (c) is the time between the day on which an application that is made under this section is served on a person under subsection (3) and (a) in the case of a person named in an order of the Tax Court under subsection (4), the �� C. 9 Budget Impleme day on which the determination becomes final and conclusive and not subject to any appeal; or (b) in the case of any other person, the day on which the person is served with a notice that the person has not been named in an order of the Tax Court under subsection (4). ENFORCEMENT Penalties Penalty 53. (1) Subject to this section and section 54, if a person fails to pay an amount to the Receiver General as and when required under this Act, the person shall pay a penalty of 6% per year, compounded daily, on the amount not paid, computed for the period that begins on the first day after the day on or before which the amount was required to be paid and that ends on the day the amount is paid. No penalty if security (2) If on a particular day the Minister holds security under section 73 in respect of an amount payable by a person under this Act, the penalty under this section applies on the particular day only to the extent that the total of all amounts payable by the person under this Act that are outstanding on the particular day exceeds the value of the security at the time it was accepted by the Minister. Payment before specified date (3) If the Minister has served a demand that a person pay on or before a specified date all amounts payable by the person under this Act on the date of the demand, and the person pays the amount demanded on or before the specified date, the Minister shall waive any penalty or interest that would otherwise apply in respect of the amount demanded for the period beginning on the first day following the date of the demand and ending on the day of payment. Effect of extension for returns 54. If the Minister extends the time within which a return of a person shall be filed, the return is filed at or before the expiry of the time so extended, and any amount that the person is required to pay with the return is paid at or before that time, no penalty under section 53 is payable in respect of the return or the amount. 2001-2002 Exécution du bu Waiving or cancelling penalties 55. The Minister may waive or cancel penalties payable by a person under section 53. Failure to answer demand 56. Every person who fails to file a return as and when required under a demand issued under section 26 is liable to a penalty equal to the greater of (a) $250, and (b) 5% of the amount payable under this Act by the person, for the fiscal month to which the demand applies, that was unpaid on the day that the return was due. Failure to provide information 57. Every person who fails to provide any information or record as and when required under this Act is liable to a penalty of $100 for every failure unless, in the case of information required in respect of another person, a reasonable effort was made by the person to obtain the information. False statements or omissions 58. Every person who knowingly, or under circumstances amounting to gross negligence, makes or participates in, assents to or acquiesces in the making of a false statement or omission in a return, application, form, certificate, statement, invoice or answer (each of which is in this section referred to as a ‘‘return’’) is liable to a penalty of the greater of $250 and 25% of the total of (a) if the false statement or omission is relevant to the determination of an amount payable under this Act by the person, the amount, if any, by which (i) the amount payable exceeds (ii) the amount that would be payable by the person if the amount payable were determined on the basis of the information provided in the return, and (b) if the false statement or omission is relevant to the determination of a refund or any other payment that may be obtained under this Act, the amount, if any, by which �� C. 9 Budget Impleme (i) the amount that would be the refund or other payment payable to the person if the refund or other payment were determined on the basis of the information provided in the return exceeds (ii) the amount of the refund or other payment payable to the person. Penalty Imposition Notice of imposed penalty 59. A penalty that a person is liable to pay under any of sections 56 to 58 may be imposed by the Minister by a notice served personally or by registered or certified mail to the person’s latest known address, which notice is deemed to be an assessment. When penalty becomes payable 60. The amount of penalty imposed on a person under section 59 is payable by the person to the Receiver General at the time it is imposed. Offence for failure to file return or to comply with demand or order 61. (1) Every person who fails to file or make a return as and when required under this Act or who fails to comply with an obligation under subsection 37(5) or (8) or section 38 or an order made under section 66 is guilty of an offence and, in addition to any penalty otherwise provided, is liable on summary conviction to a fine of not less than $1,000 and not more than $25,000 or to imprisonment for a term not exceeding 12 months, or to both. Saving (2) A person who is convicted of an offence under subsection (1) for a failure to comply with a provision of this Act is not liable to pay a penalty imposed under section 56 or 57 for the same failure, unless a notice of assessment for the penalty was issued before the information or complaint giving rise to the conviction was laid or made. Offences for false or deceptive statement 62. (1) Every person commits an offence who (a) makes, or participates in, assents to or acquiesces in the making of, a false or Offences and Punishment 2001-2002 Exécution du bu deceptive statement in a return, application, certificate, record or answer filed or made as required under this Act; (b) for the purposes of evading payment of any amount payable under this Act, or obtaining a refund to which the person is not entitled under this Act, (i) destroys, alters, mutilates, conceals or otherwise disposes of any records of a person, or (ii) makes, or assents to or acquiesces in the making of, a false or deceptive entry, or omits, or assents to or acquiesces in the omission, to enter a material particular in the records of a person; (c) wilfully, in any manner, evades or attempts to evade compliance with this Act or payment of an amount payable under this Act; (d) wilfully, in any manner, obtains or attempts to obtain a refund to which the person is not entitled under this Act; or (e) conspires with any person to commit an offence described in any of paragraphs (a) to (d). Punishment (2) Every person who commits an offence under subsection (1) is guilty of an offence punishable on summary conviction and, in addition to any penalty otherwise provided, is liable to (a) a fine of not less than 50%, and not more than 200%, of the amount payable that was sought to be evaded, or of the refund sought, or, if the amount that was sought to be evaded cannot be ascertained, a fine of not less than $1,000 and not more than $25,000; (b) imprisonment for a term not exceeding 18 months; or (c) both a fine referred to in paragraph (a) and imprisonment for a term not exceeding 18 months. �� C. 9 Budget Impleme Penalty on conviction (3) A person who is convicted of an offence under subsection (1) is not liable to pay a penalty imposed under any of sections 56 to 58 for the same evasion or attempt unless a notice of assessment for that penalty was issued before the information or complaint giving rise to the conviction was laid or made. Stay of appeal (4) If, in any appeal under this Act, substantially the same facts are at issue as those that are at issue in a prosecution under this section, the Minister may file a stay of proceedings with the Tax Court and, on doing so, the proceedings before the Tax Court are stayed pending a final determination of the outcome of the prosecution. Failure to pay or collect charges 63. Every person who wilfully fails to pay or collect a charge as and when required under this Act is guilty of an offence punishable on summary conviction and liable, in addition to any penalty or interest otherwise provided, to (a) a fine not exceeding the aggregate of $1,000 and an amount equal to 20% of the amount of charge that should have been paid or collected; (b) imprisonment for a term not exceeding six months; or (c) both a fine referred to in paragraph (a) and imprisonment for a term not exceeding six months. General offence 64. Every person who fails to comply with any provision of this Act or the regulations made under this Act for which no other offence is specified in this Act is guilty of an offence punishable on summary conviction and liable to a fine not exceeding $1,000. Defence of due diligence 65. No person shall be convicted of an offence under this Act if the person establishes that they exercised all due diligence to prevent the commission of the offence. Compliance orders 66. If a person is convicted by a court of an offence for a failure to comply with a provision of this Act, the court may make such order as it deems proper in order to enforce compliance with the provision. 2001-2002 Exécution du bu Officers of corporations, etc. 67. If a person other than an individual commits an offence under this Act, every officer, director or agent of the person who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to and guilty of the offence and liable on conviction to the punishment provided for the offence, whether or not the person has been prosecuted or convicted. Power to decrease punishment 68. Despite the Criminal Code or any other law, the court has, in any prosecution or proceeding under this Act, neither the power to impose less than the minimum fine fixed under this Act nor the power to suspend sentence. Information or complaint 69. (1) An information or complaint under this Act may be laid or made by any officer of the Agency, by a member of the Royal Canadian Mounted Police or by any person authorized to do so by the Minister and, if an information or complaint purports to have been laid or made under this Act, it is deemed to have been laid or made by a person so authorized by the Minister and shall not be called in question for lack of authority of the informant or complainant, except by the Minister or a person acting for the Minister or for Her Majesty. Two or more offences (2) An information or complaint in respect of an offence under this Act may be for one or more offences, and no information, complaint, warrant, conviction or other proceeding in a prosecution under this Act is objectionable or insufficient by reason of the fact that it relates to two or more offences. Territorial jurisdiction (3) An information or complaint in respect of an offence under this Act may be heard, tried or determined by any court, if the accused is resident, carrying on a commercial activity, found or apprehended or is in custody within the court’s territorial jurisdiction even though the matter of the information or complaint did not arise within that territorial jurisdiction. �� C. 9 Budget Impleme Limitation of prosecutions (4) An information or complaint under the provisions of the Criminal Code relating to summary convictions, in respect of an offence under this Act, may be laid or made within two years after the day on which the matter of the information or complaint arose. By whom 70. (1) A person authorized by the Minister to do so may, at all reasonable times, for any purpose related to the administration or enforcement of this Act, inspect, audit or examine the records, processes, property or premises of a person in order to determine whether that or any other person is in compliance with this Act. Powers of authorized person (2) For the purposes of an inspection, audit or examination, the authorized person may Inspections (a) enter any place in which the authorized person reasonably believes the person keeps records or carries on any activity to which this Act applies; and (b) require any individual to be present during the inspection, audit or examination and require that individual to answer all proper questions and to give to the authorized person all reasonable assistance. Prior authorization (3) If any place referred to in paragraph (2)(a) is a dwelling-house, the authorized person may not enter that dwelling-house without the consent of the occupant, except under the authority of a warrant issued under subsection (4). Warrant to enter dwelling-house (4) A judge may issue a warrant authorizing a person to enter a dwelling-house subject to the conditions specified in the warrant if, on ex parte application by the Minister, a judge is satisfied by information on oath that (a) there are reasonable grounds to believe that the dwelling-house is a place referred to in paragraph (2)(a); (b) entry into the dwelling-house is necessary for any purpose related to the administration or enforcement of this Act; and 2001-2002 Exécution du bu (c) entry into the dwelling-house has been, or there are reasonable grounds to believe that entry will be, refused. Orders if entry not authorized (5) If the judge is not satisfied that entry into the dwelling-house is necessary for any purpose related to the administration or enforcement of this Act, the judge may, to the extent that access was or may be expected to be refused and that a record or property is or may be expected to be kept in the dwelling-house, (a) order the occupant of the dwellinghouse to provide a person with reasonable access to any record or property that is or should be kept in the dwelling-house; and (b) make any other order that is appropriate in the circumstances to carry out the purposes of this Act. Definition of ‘‘dwelling-house’’ (6) In this section, ‘‘dwelling-house’’ means the whole or any part of a building or structure that is kept or occupied as a permanent or temporary residence, and includes (a) a building within the curtilage of a dwelling-house that is connected to it by a doorway or by a covered and enclosed passageway; and (b) a unit that is designed to be mobile and to be used as a permanent or temporary residence and that is being used as such a residence. Copies of records 71. A person who inspects, audits, examines or is provided a record under section 70 may make, or cause to be made, one or more copies of the record. Collection Debts to Her Majesty 72. (1) Any amount payable under this Act (other than an amount payable by Her Majesty) is a debt due to Her Majesty and is recoverable in the Federal Court or any other court of competent jurisdiction or in any other manner provided under this Act. Limitation (2) No proceedings for the recovery of an amount payable by a person under this Act shall be commenced in a court �� C. 9 Budget Impleme (a) in the case of an amount that may be assessed under this Act, unless at the time the action is commenced the person has been or may be assessed for that amount; and (b) in any other case, more than four years after the person became liable to pay the amount. Assessment before collection (3) The Minister may not take any collection action under sections 74 to 79 in respect of any amount payable by a person that may be assessed under this Act, other than interest under section 27 or penalty under section 53, unless the amount has been assessed. Interest on judgments (4) If a judgment is obtained for any amount payable under this Act, including a certificate registered under section 74, the provisions of this Act by which interest is payable for a failure to pay an amount apply, with any modifications that the circumstances require, to the failure to pay the judgment debt, and the interest is recoverable in like manner as the judgment debt. Litigation costs (5) If an amount is payable by a person to Her Majesty because of an order, judgment or award of a court in respect of the costs of litigation relating to a matter to which this Act applies, sections 73 to 80 apply to the amount as if it were payable under this Act. Security 73. (1) The Minister may, if the Minister considers it advisable, accept security in an amount and a form satisfactory to the Minister for the payment of any amount that is or may become payable under this Act. Surrender of excess security (2) If a person who has furnished security, or on whose behalf security has been furnished, under this section requests in writing that the Minister surrender the security or any part of it, the Minister must surrender the security to the extent that its value exceeds, at the time the request is received by the Minister, the amount that is sought to be secured. 2001-2002 Exécution du bu Certificates 74. (1) Any amount payable by a person (in this section referred to as the ‘‘debtor’’) under this Act that has not been paid as and when required under this Act may be certified by the Minister as an amount payable by the debtor. Registration in court (2) On production to the Federal Court, a certificate in respect of a debtor shall be registered in the Court and when so registered has the same effect, and all proceedings may be taken on the certificate, as if it were a judgment obtained in the Court against the debtor for a debt in the amount certified plus interest on the amount as provided under this Act to the day of payment and, for the purposes of those proceedings, the certificate is deemed to be a judgment of the Court against the debtor for a debt due to Her Majesty and enforceable as such. Costs (3) All reasonable costs and charges incurred or paid for the registration in the Federal Court of a certificate or in respect of any proceedings taken to collect the amount certified are recoverable in like manner as if they had been included in the amount certified in the certificate when it was registered. Charge on property (4) A document issued by the Federal Court evidencing a registered certificate in respect of a debtor, a writ of that Court issued pursuant to the certificate or any notification of the document or writ (which document, writ or notification is in this section referred to as a ‘‘memorial’’) may be filed, registered or otherwise recorded for the purpose of creating a charge, lien or priority on, or a binding interest in, property in a province, or any interest in such property, held by the debtor, in the same manner as a document evidencing (a) a judgment of the superior court of the province against a person for a debt owing by the person, or (b) an amount payable or required to be remitted by a person in the province in respect of a debt owing to Her Majesty in right of the province �� C. 9 Budget Impleme may be filed, registered or otherwise recorded in accordance with the law of the province to create a charge, lien or priority on, or a binding interest in, the property or interest. Creation of charge (5) If a memorial has been filed, registered or otherwise recorded under subsection (4), (a) a charge, lien or priority is created on, or a binding interest is created in, property in the province, or any interest in such property, held by the debtor, or (b) such property or interest in the property is otherwise bound, in the same manner and to the same extent as if the memorial were a document evidencing a judgment referred to in paragraph (4)(a) or an amount referred to in paragraph (4)(b), and the charge, lien, priority or binding interest created is subordinate to any charge, lien, priority or binding interest in respect of which all steps necessary to make it effective against other creditors were taken before the time the memorial was filed, registered or otherwise recorded. Proceedings in respect of memorial (6) If a memorial is filed, registered or otherwise recorded in a province under subsection (4), proceedings may be taken in the province in respect of the memorial, including proceedings (a) to enforce payment of the amount evidenced by the memorial, interest on the amount and all costs and charges paid or incurred in respect of (i) the filing, registration or other recording of the memorial, and (ii) proceedings taken to collect the amount, (b) to renew or otherwise prolong the effectiveness of the filing, registration or other recording of the memorial, (c) to cancel or withdraw the memorial wholly or in respect of any of the property or interests affected by the memorial, or (d) to postpone the effectiveness of the filing, registration or other recording of the memorial in favour of any right, charge, lien or priority that has been or is intended 2001-2002 Exécution du bu to be filed, registered or otherwise recorded in respect of any property or interest affected by the memorial, in the same manner and to the same extent as if the memorial were a document evidencing a judgment referred to in paragraph (4)(a) or an amount referred to in paragraph (4)(b), except that, if in any such proceeding or as a condition precedent to any such proceeding, any order, consent or ruling is required under the law of the province to be made or given by the superior court of the province or by a judge or official of the court, a like order, consent or ruling may be made or given by the Federal Court or by a judge or official of the Federal Court and, when so made or given, has the same effect for the purposes of the proceeding as if it were made or given by the superior court of the province or by a judge or official of the court. Presentation of documents (7) If (a) a memorial is presented for filing, registration or other recording under subsection (4), or a document relating to the memorial is presented for filing, registration or other recording for the purpose of any proceeding described in subsection (6), to any official of a property registry system of a province, or (b) access is sought to any person, place or thing in a province to make the filing, registration or other recording, the memorial or document shall be accepted for filing, registration or other recording or the access shall be granted, as the case may be, in the same manner and to the same extent as if the memorial or document relating to the memorial were a document evidencing a judgment referred to in paragraph (4)(a) or an amount referred to in paragraph (4)(b) for the purpose of a like proceeding, except that, if the memorial or document is issued by the Federal Court or signed or certified by a judge or official of the Court, any affidavit, declaration or other evidence required under the law of the province to be provided with or to accompany the memorial or document in the proceedings �� C. 9 Budget Impleme is deemed to have been provided with or to have accompanied the memorial or document as so required. Sale, etc. (8) Despite any law of Canada or of a province, a sheriff or other person shall not, without the written consent of the Minister, sell or otherwise dispose of any property or publish any notice or otherwise advertise in respect of any sale or other disposition of any property pursuant to any process issued or charge, lien, priority or binding interest created in any proceeding to collect an amount certified in a certificate made under subsection (1), interest on the amount or costs, but if that consent is subsequently given, any property that would have been affected by such a process, charge, lien, priority or binding interest if the Minister’s consent had been given at the time the process was issued or the charge, lien, priority or binding interest was created, as the case may be, shall be bound, seized, attached, charged or otherwise affected as it would be if that consent had been given at the time the process was issued or the charge, lien, priority or binding interest was created, as the case may be. Completion of notices, etc. (9) If information required to be set out by any sheriff or other person in a minute, notice or document required to be completed for any purpose cannot, because of subsection (8), be so set out without the written consent of the Minister, the sheriff or other person shall complete the minute, notice or document to the extent possible without that information and, when that consent of the Minister is given, a further minute, notice or document setting out all the information shall be completed for the same purpose, and the sheriff or other person, having complied with this subsection, is deemed to have complied with the Act, regulation or rule requiring the information to be set out in the minute, notice or document. Application for an order (10) A sheriff or other person who is unable, because of subsection (8) or (9), to comply with any law or rule of court is bound by any order made by a judge of the Federal Court, on an ex parte application by the Minister, for the purpose of giving effect to the proceeding, charge, lien, priority or binding interest. 2001-2002 Deemed security Exécution du bu (11) If a charge, lien, priority or binding interest created under subsection (5) by filing, registering or otherwise recording a memorial under subsection (4) is registered in accordance with subsection 87(1) of the Bankruptcy and Insolvency Act, it is deemed (a) to be a claim that is secured by a security and that, subject to subsection 87(2) of that Act, ranks as a secured claim under that Act; and (b) to also be a claim referred to in paragraph 86(2)(a) of that Act. Details in certificates and memorials (12) Despite any law of Canada or of the legislature of a province, in any certificate in respect of a debtor, any memorial evidencing a certificate or any writ or document issued for the purpose of collecting an amount certified, it is sufficient for all purposes (a) to set out, as the amount payable by the debtor, the total of amounts payable by the debtor without setting out the separate amounts making up that total; and (b) to refer to the rate of interest to be charged on the separate amounts making up the amount payable in general terms as interest at the prescribed rate under this Act applicable from time to time on amounts payable to the Receiver General, without indicating the specific rates of interest to be charged on each of the separate amounts or to be charged for any period. Garnishment 75. (1) If the Minister has knowledge or suspects that a person is, or will be within one year, liable to make a payment to another person who is liable to pay an amount under this Act (in this section referred to as a ‘‘debtor’’), the Minister may, by notice in writing, require the person to pay without delay, if the money is immediately payable, and in any other case, as and when the money becomes payable, the money otherwise payable to the debtor in whole or in part to the Receiver General on account of the debtor’s liability under this Act. �� Garnishment of loans or advances C. 9 Budget Impleme (2) Without limiting the generality of subsection (1), if the Minister has knowledge or suspects that within 90 days (a) a bank, credit union, trust company or other similar person (in this section referred to as an ‘‘institution’’) will loan or advance money to, or make a payment on behalf of, or make a payment in respect of a negotiable instrument issued by, a debtor who is indebted to the institution and who has granted security in respect of the indebtedness, or (b) a person, other than an institution, will loan or advance money to, or make a payment on behalf of, a debtor who the Minister knows or suspects (i) is employed by, or is engaged in providing services or property to, that person or was or will be, within 90 days, so employed or engaged, or (ii) if that person is a corporation, is not dealing at arm’s length with that person, the Minister may, by notice in writing, require the institution or person, as the case may be, to pay in whole or in part to the Receiver General on account of the debtor’s liability under this Act the money that would otherwise be so loaned, advanced or paid. Amounts payable to secured creditor (3) Despite any provision of this or any other Act (other than the Bankruptcy and Insolvency Act), any enactment of a province or any law, if the Minister has knowledge or suspects that a person is or will become, within 90 days, liable to make a payment to a debtor or to a secured creditor who has a right to receive the payment that, but for a security interest in favour of the secured creditor, would be payable to the debtor, the Minister may, by a notice in writing, require the person to pay without delay, if the moneys are immediately payable, and in any other case, as and when the moneys become payable, the moneys otherwise payable to the debtor or the secured creditor in whole or in part to the 2001-2002 Exécution du bu Receiver General on account of the debtor’s liability under this Act. On receipt of that letter by the person, the amount of those moneys that is required by that letter to be paid to the Receiver General becomes, despite any security interest in those moneys, the property of Her Majesty to the extent of that liability as assessed by the Minister and shall be paid to the Receiver General in priority to any such security interest. Effect of receipt (4) A receipt issued by the Minister for money paid as required under this section is a good and sufficient discharge of the original liability to the extent of the payment. Effect of requirement (5) If the Minister has, under this section, required a person to pay to the Receiver General on account of the liability under this Act of a debtor money otherwise payable by the person to the debtor as interest, rent, remuneration, a dividend, an annuity or other periodic payment, the requirement applies to all such payments to be made by the person to the debtor until the liability under this Act is satisfied, and operates to require payments to the Receiver General out of each such payment of any amount that is stipulated by the Minister in a notice in writing. Failure to comply (6) Every person who fails to comply with a requirement under subsection (1) or (5) is liable to pay to Her Majesty an amount equal to the amount that the person was required under that subsection to pay to the Receiver General. Other failures to comply (7) Every institution or person that fails to comply with a requirement under subsection (2) with respect to money to be loaned, advanced or paid is liable to pay to Her Majesty an amount equal to the lesser of (a) the total of money so loaned, advanced or paid, and (b) the amount that the institution or person was required under that subsection to pay to the Receiver General. �� C. 9 Budget Impleme Assessment (8) The Minister may assess any person for any amount payable under this section by the person to the Receiver General and, if the Minister sends a notice of assessment, sections 39 to 52 apply with any modifications that the circumstances require. Time limit (9) An assessment of an amount payable under this section by a person to the Receiver General shall not be made more than four years after the notice from the Minister requiring the payment was received by the person. Effect of payment as required (10) If an amount that would otherwise have been advanced, loaned or paid to or on behalf of a debtor is paid by a person to the Receiver General in accordance with a notice from the Minister issued under this section or with an assessment under subsection (8), the person is deemed for all purposes to have advanced, loaned or paid the amount to or on behalf of the debtor. Recovery by deduction or set-off 76. If a person is indebted to Her Majesty under this Act, the Minister may require the retention by way of deduction or set-off of any amount that the Minister may specify out of any amount that may be or become payable to that person by Her Majesty. Acquisition of debtor’s property 77. For the purpose of collecting debts owed by a person to Her Majesty under this Act, the Minister may purchase or otherwise acquire any interest in the person’s property that the Minister is given a right to acquire in legal proceedings or under a court order or that is offered for sale or redemption, and may dispose of any interest so acquired in any manner that the Minister considers reasonable. Money seized from debtor 78. (1) If the Minister has knowledge or suspects that a person is holding money that was seized by a police officer in the course of administering or enforcing the criminal law of Canada from another person who is liable to pay any amount under this Act (in this section referred to as the ‘‘debtor’’) and that is restorable to the debtor, the Minister may in writing require the person to turn over the money otherwise restorable to the debtor, in whole or in part, to the Receiver General on account of the debtor’s liability under this Act. 2001-2002 Exécution du bu Receipt of Minister (2) A receipt issued by the Minister for money turned over is a good and sufficient discharge of the requirement to restore the money to the debtor to the extent of the amount so turned over. Seizure if failure to pay 79. (1) If a person fails to pay an amount as required under this Act, the Minister may in writing give 30 days notice to the person, addressed to their latest known address, of the Minister’s intention to direct that the person’s things be seized and disposed of. If the person fails to make the payment before the expiry of the 30 days, the Minister may issue a certificate of the failure and direct that the person’s things be seized. Disposition (2) Things that have been seized under subsection (1) shall be kept for 10 days at the expense and risk of the owner. If the owner does not pay the amount due together with all expenses within the 10 days, the Minister may dispose of the things in a manner the Minister considers appropriate in the circumstances. Proceeds of disposition (3) Any surplus resulting from a disposition, after deduction of the amount owing and all expenses, shall be paid or returned to the owner of the things seized. Exemptions from seizure (4) Anything of any person in default that would be exempt from seizure under a writ of execution issued by a superior court of the province in which the seizure is made is exempt from seizure under this section. Person leaving Canada or defaulting 80. (1) If the Minister suspects that a person has left or is about to leave Canada, the Minister may, before the day otherwise fixed for payment, by notice to the person served personally or sent by registered or certified mail addressed to their latest known address, demand payment of any amount for which the person is liable under this Act or would be so liable if the time for payment had arrived, and the amount shall be paid without delay despite any other provision of this Act. �� C. 9 Budget Impleme Seizure (2) If a person fails to pay an amount required under subsection (1), the Minister may direct that things of the person be seized, and subsections 79(2) to (4) apply, with any modifications that the circumstances require. Liability of directors 81. (1) If a corporation fails to pay any amount as and when required under this Act, the directors of the corporation at the time it was required to pay it are jointly and severally or solidarily liable, together with the corporation, to pay it and any interest that is payable on it under this Act. Limitations (2) A director of a corporation is not liable unless (a) a certificate for the amount of the corporation’s liability has been registered in the Federal Court under section 74 and execution for that amount has been returned unsatisfied in whole or in part; (b) the corporation has commenced liquidation or dissolution proceedings or has been dissolved, and a claim for the amount of the corporation’s liability has been proved within six months after the earlier of the date of commencement of the proceedings and the date of dissolution; or (c) the corporation has made an assignment or a receiving order has been made against it under the Bankruptcy and Insolvency Act, and a claim for the amount of the corporation’s liability has been proved within six months after the date of the assignment or receiving order. Diligence (3) A director of a corporation is not liable for a failure under subsection (1) if the director exercised the degree of care, diligence and skill to prevent the failure that a reasonably prudent person would have exercised in comparable circumstances. Assessment (4) The Minister may assess any person for any amount payable by the person under this section and, if the Minister sends a notice of assessment, sections 39 to 52 apply with any modifications that the circumstances require. 2001-2002 Exécution du bu Time limit (5) An assessment of any amount payable by a person who is a director of a corporation shall not be made more than two years after the person ceased to be a director of the corporation. Amount recoverable (6) If execution referred to in paragraph (2)(a) has issued, the amount recoverable from a director is the amount remaining unsatisfied after execution. Preference (7) If a director of a corporation pays an amount in respect of the corporation’s liability that is proved in liquidation, dissolution or bankruptcy proceedings, the director is entitled to any preference to which Her Majesty would have been entitled had the amount not been so paid, and if a certificate that relates to the amount has been registered, the director is entitled to an assignment of the certificate to the extent of the director’s payment, which assignment the Minister is empowered to make. Contribution (8) A director who satisfies a claim under this section is entitled to contribution from the other directors who were liable for the claim. Evidence and Procedure Sending by mail 82. (1) For the purposes of this Act and subject to subsection (2), anything sent by registered, certified or first class mail is deemed to have been received by the person to whom it was sent on the day it was mailed. Paying by mail (2) A person who is required under this Act to pay an amount is deemed not to have paid it until it is received by the Receiver General. Proof of service by mail 83. (1) If, under this Act, provision is made for sending by mail a request for information, a notice or a demand, an affidavit of an officer of the Agency, sworn before a commissioner or other person authorized to take affidavits, is evidence of the sending and of the request, notice or demand if the affidavit sets out that (a) the officer has knowledge of the facts in the particular case; (b) such a request, notice or demand was sent by registered or certified mail on a specified day to a specified person and address; and �� C. 9 Budget Impleme (c) the officer identifies as exhibits attached to the affidavit the post office certificate of registration of the letter or a true copy of the relevant portion of the certificate and a true copy of the request, notice or demand. Proof of personal service (2) If, under this Act, provision is made for personal service of a request for information, a notice or a demand, an affidavit of an officer of the Agency, sworn before a commissioner or other person authorized to take affidavits, is evidence of the personal service and of the request, notice or demand if the affidavit sets out that (a) the officer has knowledge of the facts in the particular case; (b) such a request, notice or demand was served personally on a named day on the person to whom it was directed; and (c) the officer identifies as an exhibit attached to the affidavit a true copy of the request, notice or demand. Proof of failure to comply (3) If, under this Act, a person is required to make a return, an application, a statement, an answer or a certificate, an affidavit of an officer of the Agency, sworn before a commissioner or other person authorized to take affidavits, setting out that the officer has charge of the appropriate records and that, after a careful examination and search of the records, the officer has been unable to find in a given case that the return, application, statement, answer or certificate has been made by that person, is evidence that in that case the person did not make the return, application, statement, answer or certificate. Proof of time of compliance (4) If, under this Act, a person is required to make a return, an application, a statement, an answer or a certificate, an affidavit of an officer of the Agency, sworn before a commis2001-2002 Exécution du bu sioner or other person authorized to take affidavits, setting out that the officer has charge of the appropriate records and that, after a careful examination of the records, the officer has found that the return, application, statement, answer or certificate was filed or made on a particular day, is evidence that it was filed or made on that day. Proof of documents (5) An affidavit of an officer of the Agency, sworn before a commissioner or other person authorized to take affidavits, setting out that the officer has charge of the appropriate records and that a document attached to the affidavit is a document or true copy of a document made by or on behalf of the Minister or a person exercising the powers of the Minister or by or on behalf of a person, is evidence of the nature and contents of the document. Proof of no appeal (6) An affidavit of an officer of the Agency, sworn before a commissioner or other person authorized to take affidavits, setting out that the officer has charge of the appropriate records and has knowledge of the practice of the Agency and that an examination of the records shows that a notice of assessment was mailed or otherwise sent to a person on a particular day under this Act and that, after a careful examination and search of the records, the officer has been unable to find that a notice of objection or of appeal from the assessment was received within the time allowed for an objection or appeal to be filed under this Act, is evidence of the statements contained in the affidavit. Presumption (7) If evidence is offered under this section by an affidavit from which it appears that the person making the affidavit is an officer of the Agency, it is not necessary to prove the signature of the person or that the person is such an officer, nor is it necessary to prove the signature or official character of the person before whom the affidavit was sworn. Proof of documents (8) Every document purporting to have been executed under or in the course of the administration or enforcement of this Act over the name in writing of the Minister, the Commissioner or an officer authorized to �� C. 9 Budget Impleme exercise the powers or perform the duties of the Minister under this Act is deemed to be a document signed, made and issued by the Minister, the Commissioner or the officer, unless it has been called into question by the Minister or a person acting for the Minister or for Her Majesty. Mailing date (9) If a notice or demand that the Minister is required or authorized under this Act to send or mail to a person is mailed to the person, the day of mailing is deemed to be the date of the notice or demand. Date when assessment made (10) If a notice of assessment has been sent by the Minister as required under this Act, the assessment is deemed to have been made on the day of mailing of the notice of assessment. Proof of return (11) In a prosecution for an offence under this Act, the production of a return, an application, a certificate, a statement or an answer required under this Act, purporting to have been filed or delivered by or on behalf of the person charged with the offence or to have been made or signed by or on behalf of that person, is evidence that the return, application, certificate, statement or answer was filed or delivered by or on behalf of that person or was made or signed by or on behalf of that person. Proof of return — printouts (12) For the purposes of this Act, a document presented by the Minister purporting to be a printout of the information in respect of a person received under section 23 by the Minister shall be received as evidence and, in the absence of evidence to the contrary, is proof of the return filed by the person under that section. Proof of return — production of returns, etc. (13) In a proceeding under this Act, the production of a return, an application, a certificate, a statement or an answer required under this Act, purporting to have been filed, delivered, made or signed by or on behalf of a person, is evidence that the return, application, certificate, statement or answer was filed, delivered, made or signed by or on behalf of that person. 2001-2002 Exécution du bu Evidence (14) In a prosecution for an offence under this Act, an affidavit of an officer of the Agency, sworn before a commissioner or other person authorized to take affidavits, setting out that the officer has charge of the appropriate records and that an examination of the records shows that an amount required under this Act to be paid to the Receiver General has not been received by the Receiver General, is evidence of the statements contained in the affidavit. Probative force of copy (15) Any copy of an original record made under section 71 that is purported to be certified by the Minister or an officer to be a copy of the original record is evidence of the nature and content of the original record, and has the same probative force as the original record would have if it were proven in the ordinary way. REGULATIONS Regulations 84. (1) The Governor in Council may make regulations prescribing any matter or thing that by this Act is to be or may be prescribed and generally to carry out the purposes and provisions of this Act. Effect (2) A regulation made under this Act has effect from the day it is published in the Canada Gazette or at any later time that may be specified in the regulation, unless it provides otherwise and (a) has a relieving effect only; (b) corrects an ambiguous or deficient enactment that was not in accordance with the objects of this Act; (c) is consequential on an amendment to this Act that is applicable before the day on which the regulation is published in the Canada Gazette; or (d) gives effect to a budgetary or other public announcement, in which case the regulation shall not, unless paragraph (a), (b) or (c) applies, have effect before the day on which the announcement was made. �� C. 9 Budget Impleme SCHEDULE (Section 2) LISTED AIRPORTS Ontario Hamilton Kingston Kitchener/Waterloo Regional London North Bay Ottawa (Macdonald-Cartier International) Sarnia (Chris Hadfield) Sault Ste. Marie Sudbury Thunder Bay Timmins Toronto/Buttonville Municipal Toronto (City Centre) Toronto (Lester B. Pearson International) Windsor Quebec Alma Bagotville Baie-Comeau Chibougamau/Chapais Gaspé Îles-de-la-Madeleine Kuujjuaq Kuujjuarapik La Grande Rivière La Grande-3 La Grande-4 Lourdes-de-Blanc-Sablon Mont Joli Montreal International (Dorval) Montreal International (Mirabel) Quebec (Jean Lesage International) Roberval Rouyn-Noranda Sept-Îles Val d’Or 2001-2002 Exécution du bu Nova Scotia Halifax International Sydney Yarmouth New Brunswick Bathurst Charlo Fredericton Moncton Saint John St. Leonard Manitoba Brandon Thompson Winnipeg International British Colombia Abbotsford Campbell River Castlegar Comox Cranbrook Dawson Creek Fort St. John Kamloops Kelowna Nanaimo Penticton Prince George Prince Rupert Quesnel Sandspit Smithers Terrace Vancouver International Victoria International Williams Lake Prince Edward Island Charlottetown Saskatchewan Prince Albert Regina Saskatoon (John G. Diefenbaker International) �� C. 9 Budget Impleme Alberta Calgary International Edmonton International Fort McMurray Grande Prairie Lethbridge Lloydminster Medicine Hat Newfoundland and Labrador Churchill Falls Deer Lake Gander International Goose Bay St. Anthony St. John’s International Stephenville Wabush Yukon Whitehorse International Northwest Territories Yellowknife Nunavut Iqaluit Consequential Amendments R.S., c. T-2 2001, c. 25, s. 101(1) Tax Court of Canada Act 6. (1) Subsection 12(1) of the Tax Court of Canada Act is replaced by the following: Jurisdiction 12. (1) The Court has exclusive original jurisdiction to hear and determine references and appeals to the Court on matters arising under the Air Travellers Security Charge Act, the Canada Pension Plan, the Cultural Property Export and Import Act, Part V.1 of the Customs Act, the Employment Insurance Act, Part IX of the Excise Tax Act, the Income Tax Act, the Old Age Security Act and the Petroleum and Gas Revenue Tax Act, where references or appeals to the Court are provided for in those Acts. 2001, c. 25, s. 101(2) (2) Subsections 12(3) and (4) of the Act are replaced by the following: 2001-2002 Exécution du bu Further jurisdiction (3) The Court has exclusive original jurisdiction to hear and determine questions referred to it under section 173 or 174 of the Income Tax Act, section 51 or 52 of the Air Travellers Security Charge Act, section 97.58 of the Customs Act or section 310 or 311 of the Excise Tax Act. Extensions of time (4) The Court has exclusive original jurisdiction to hear and determine applications for extensions of time under section 45 or 47 of the Air Travellers Security Charge Act, section 97.52 or 97.53 of the Customs Act, section 166.2 or 167 of the Income Tax Act, subsection 103(1) of the Employment Insurance Act, section 304 or 305 of the Excise Tax Act, subsection 28(1) of the Canada Pension Plan or section 33.2 of the Cultural Property Export and Import Act. 2001, c. 25, s. 103 7. Subsection 18.29(3) of the Act is replaced by the following: Extensions of time (3) The provisions referred to in subsection (1) also apply, with any modifications that the circumstances require, in respect of applications for extensions of time under section 45 or 47 of the Air Travellers Security Charge Act, section 97.51 or 97.52 of the Customs Act, section 166.2 or 167 of the Income Tax Act, section 304 or 305 of the Excise Tax Act, subsection 103(1) of the Employment Insurance Act, subsection 28(1) of the Canada Pension Plan or section 33.2 of the Cultural Property Export and Import Act. 2001, c. 25, s. 110 8. Subsection 18.31(2) of the Act is replaced by the following: Determination of a question (2) If it is agreed under section 51 of the Air Travellers Security Charge Act, section 97.58 of the Customs Act or section 310 of the Excise Tax Act that a question should be determined by the Court, sections 17.1, 17.2 and 17.4 to 17.8 apply, with any modifications that the circumstances require, in respect of the determination of the question. �� C. 9 Budget Impleme 1990, c. 45, s. 63 9. Subsection 18.32(2) of the Act is replaced by the following: Provisions applicable to determination of a question (2) If an application has been made under section 52 of the Air Travellers Security Charge Act or section 311 of the Excise Tax Act for the determination of a question, the application or determination of the question shall, subject to section 18.33, be determined in accordance with sections 17.1, 17.2 and 17.4 to 17.8, with any modifications that the circumstances require. Coordinating Amendment Bill C-47 10. (1) Subsections (2) to (6) apply if Bill C-47, introduced in the 1st Session of the 37th Parliament and entitled the Excise Act, 2001 (referred to in this section as the ‘‘other Act’’), receives royal assent. Amendment to Tax Court of Canada Act (2) On the later of the coming into force of subsection 6(1) of this Act and the application of subsection 408(7) of the other Act, subsection 12(1) of the Tax Court of Canada Act is replaced by the following: Jurisdiction 12. (1) The Court has exclusive original jurisdiction to hear and determine references and appeals to the Court on matters arising under the Air Travellers Security Charge Act, the Canada Pension Plan, the Cultural Property Export and Import Act, Part V.1 of the Customs Act, the Employment Insurance Act, the Excise Act, 2001, Part IX of the Excise Tax Act, the Income Tax Act, the Old Age Security Act and the Petroleum and Gas Revenue Tax Act, where references or appeals to the Court are provided for in those Acts. Amendment to Tax Court of Canada Act (3) On the later of the coming into force of subsection 6(2) of this Act and the application of subsection 408(8) of the other Act, subsections 12(3) and (4) of the Tax Court of Canada Act are replaced by the following: 2001-2002 Exécution du bu Further jurisdiction (3) The Court has exclusive original jurisdiction to hear and determine questions referred to it under section 51 or 52 of the Air Travellers Security Charge Act, section 97.58 of the Customs Act, section 204 or 205 of the Excise Act, 2001, section 310 or 311 of the Excise Tax Act or section 173 or 174 of the Income Tax Act. Extensions of time (4) The Court has exclusive original jurisdiction to hear and determine applications for extensions of time under section 45 or 47 of the Air Travellers Security Charge Act, subsection 28(1) of the Canada Pension Plan, section 33.2 of the Cultural Property Export and Import Act, section 97.52 or 97.53 of the Customs Act, subsection 103(1) of the Employment Insurance Act, section 197 or 199 of the Excise Act, 2001, section 304 or 305 of the Excise Tax Act, or section 166.2 or 167 of the Income Tax Act. Amendment to Tax Court of Canada Act (4) On the later of the coming into force of section 7 of this Act and the application of subsection 408(10) of the other Act, subsection 18.29(3) of the Tax Court of Canada Act is replaced by the following: Extensions of time (3) The provisions referred to in subsection (1) also apply, with any modifications that the circumstances require, in respect of applications for extensions of time under section 45 or 47 of the Air Travellers Security Charge Act, subsection 28(1) of the Canada Pension Plan, section 33.2 of the Cultural Property Export and Import Act, section 97.51 or 97.52 of the Customs Act, subsection 103(1) of the Employment Insurance Act, section 197 or 199 of the Excise Act, 2001, section 304 or 305 of the Excise Tax Act or section 166.2 or 167 of the Income Tax Act. �� C. 9 Budget Impleme Amendment to Tax Court of Canada Act (5) On the later of the coming into force of section 8 of this Act and the application of subsection 408(16) of the other Act, subsection 18.31(2) of the Tax Court of Canada Act is replaced by the following: Determination of a question (2) If it is agreed under section 51 of the Air Travellers Security Charge Act, section 97.58 of the Customs Act, section 204 of the Excise Act, 2001 or section 310 of the Excise Tax Act that a question should be determined by the Court, sections 17.1, 17.2 and 17.4 to 17.8 apply, with any modifications that the circumstances require, in respect of the determination of the question. Amendment to Tax Court of Canada Act (6) On the later of the coming into force of section 9 of this Act and section 407 of the other Act, subsection 18.32(2) of the Tax Court of Canada Act is replaced by the following: Provisions applicable to determination of a question (2) If an application has been made under section 52 of the Air Travellers Security Charge Act, section 205 of the Excise Act, 2001 or section 311 of the Excise Tax Act for the determination of a question, the application or determination of the question shall, subject to section 18.33, be determined in accordance with sections 17.1, 17.2 and 17.4 to 17.8, with any modifications that the circumstances require. Coming into Force Coming into force 11. This Part comes into force on the day on which it receives royal assent or is deemed to have come into force on April 1, 2002, whichever is the earlier. PART 3 EMPLOYMENT INSURANCE 1996, c. 23 Employment Insurance Act 12. (1) Subsection 10(2) of the Employment Insurance Act is replaced by the following: 2001-2002 Length of benefit period Exécution du bu (2) The length of a benefit period is 52 weeks, except as otherwise provided in subsections (10) to (15) and section 24. (2) Paragraph 10(8)(a) of the Act is replaced by the following: (a) no further benefits are payable to the claimant in their benefit period, including for the reason that benefits have been paid for the maximum number of weeks for which benefits may be paid under section 12; (3) Subsection 10(8) of the Act is amended by adding the word ‘‘or’’ at the end of paragraph (b) and by repealing paragraph (c). (4) Subsection 10(12) of the Act is replaced by the following: Extension of benefit period — children in hospital (12) If the child or children referred to in subsection 23(1) are hospitalized during the period referred to in subsection 23(2), the benefit period is extended by the number of weeks during which the child or children are hospitalized. Extension of benefit period — special benefits (13) If, during a claimant’s benefit period, (a) regular benefits were not paid to the claimant, (b) benefits were paid because of the three reasons mentioned in subsection 12(3), and (c) with respect to the reasons mentioned in paragraphs 12(3)(b) and (c), benefits were not paid for the maximum number of weeks established for those reasons, the benefit period is extended so that benefits may be paid up to the maximum number of weeks available to the claimant for the reason mentioned in each of those paragraphs. Maximum extension under subsections (10) to (13) (14) Subject to subsection (15), no extension under any of subsections (10) to (13) may result in a benefit period of more than 104 weeks. �� C. 9 Budget Impleme Maximum extension under subsection (13) (15) No extension under subsection (13) may result in a benefit period of more than 67 weeks, unless the benefit period is also extended under any of subsections (10) to (12). 2000, c. 14, s. 3(3) 13. Subsection 12(5) of the Act is replaced by the following: Combined weeks of benefits (5) In a claimant’s benefit period, the claimant may combine weeks of benefits to which the claimant is entitled because of a reason mentioned in subsection (3), but the maximum number of combined weeks is 50. If the benefit period is extended under subsection 10(13), the maximum number of combined weeks is 65. 14. Section 23 of the Act is amended by adding the following after subsection (2): Extension of period — children in hospital (3) If the child or children referred to in subsection (1) are hospitalized during the period referred to in subsection (2), the period is extended by the number of weeks during which the child or children are hospitalized. Limitation (3.1) No extension under subsection (3) may result in the period being longer than 104 weeks. Extension of period — special benefits (3.2) If, during a claimant’s benefit period, (a) regular benefits were not paid to the claimant, (b) benefits were paid because of the three reasons mentioned in subsection 12(3), and (c) with respect to the reason mentioned in paragraph 12(3)(b), benefits were not paid for the maximum number of weeks established for that reason, the period referred to in subsection (2) is extended so that benefits may be paid up to the maximum number of weeks available to the claimant for that reason. Limitation (3.3) No extension under subsection (3.2) may result in the period being longer than 67 weeks or, if the benefit period is extended under any of subsections 10(10) to (13), 104 weeks. 2001-2002 Exécution du bu Transitional Provision 15. (1) Subsections 10(12) and 23(3) of the Employment Insurance Act, as enacted by subsection 12(4) and section 14, respectively, of this Act, apply to a claimant for any benefit period that begins on or after the day on which this Act receives royal assent. (2) Subsections 10(13) and 23(3.2) of the Employment Insurance Act, as enacted by subsection 12(4) and section 14, respectively, of this Act, apply to a claimant for any benefit period that has not ended before March 3, 2002 or that begins on or after that date. SOR/96-445 Employment Insurance (Fishing) Regulations 16. (1) Section 8 of the Employment Insurance (Fishing) Regulations is amended by adding the following after subsection (11.1): (11.2) Notwithstanding subsection (11) and subject to the applicable maximums referred to in subsections (17) and (18), if, during the period referred to in subsection 23(2) of the Act, the child or children referred to in subsection 23(1) of the Act are hospitalized, the fisher’s benefit period is extended by the number of weeks during which the child or children are hospitalized. (11.3) Notwithstanding subsection (11) and subject to the applicable maximums referred to in subsection (17), if, during a fisher’s benefit period, (a) benefits were not paid to the fisher under subsection (12), (b) benefits were paid because of the three reasons mentioned in subsection 12(3) of the Act, and (c) with respect to the reasons mentioned in paragraphs 12(3)(b) and (c) of the Act, benefits were not paid for the maximum number of weeks established for those reasons, �� C. 9 Budget Impleme the benefit period is extended so that benefits may be paid up to the maximum number of weeks available to the fisher for the reason mentioned in each of those paragraphs. (11.4) Subject to subsection (11.5), no extension under any of subsections (11.1) to (11.3) may result in a benefit period of more than 104 weeks. (11.5) No extension under subsection (11.3) may result in a benefit period of more than 67 weeks, unless the benefit period is also extended under subsection (11.1) or (11.2). SOR/2001-74 (2) Subsection 8(14) of the Regulations is replaced by the following: (14) No benefit period established under subsection (1) or (6) shall be extended beyond the date determined in accordance with any of subsections (11) to (11.3). (3) Section 8 of the Regulations is amended by adding the following after subsection (17): (17.1) For the purpose of subsection (17), the reference in subsection 12(5) of the Act to subsection 10(13) of the Act is to be read as a reference to subsection (11.3) of this section. (4) Subsection 8(11.2) of the Regulations, as enacted by subsection (1), applies to a fisher for any benefit period that begins on or after the day on which this Act receives royal assent. (5) Subsection 8(11.3) of the Regulations, as enacted by subsection (1), applies to a fisher for any benefit period that has not ended before March 3, 2002 or that begins on or after that date. 2001-2002 Exécution du bu Related Amendments R.S., c. L-2 Canada Labour Code 2000, c. 14, s. 42 17. Subsection 206.1(2) of the Canada Labour Code is replaced by the following: Period when leave may be taken (2) The leave of absence may only be taken during the fifty-two week period beginning (a) in the case of a new-born child of the employee, at the option of the employee, on the day the child is born or comes into the actual care of the employee; and (b) in the case of an adoption, on the day the child comes into the actual care of the employee. 18. Subsection 206.1(2) of the Act, as enacted by section 43 of the Budget Implementation Act, 2000, chapter 14 of the Statutes of Canada, 2000, is replaced by the following: Period when leave may be taken (2) The leave of absence may only be taken during the fifty-two week period beginning (a) in the case of a child described in paragraph (1)(a), at the option of the employee, on the day the child is born or comes into the actual care of the employee; (b) in the case of a child described in paragraph (1)(b), on the day the child comes into the actual care of the employee; and (c) in the case of a child described in paragraph (1)(c), on the day the requirements referred to in that paragraph are met. Coming into Force Coming into force 19. (1) Subject to subsection (2), the provisions of this Part or the provisions of any Act enacted by this Part come into force or are deemed to have come into force on a day or days to be fixed by order of the Governor in Council. Section 16 (2) Despite section 153 of the Employment Insurance Act, section 16 comes into force on a day or days to be fixed by order of the Governor in Council. �� C. 9 Budget Impleme PART 4 R.S., c. 1 (5th Supp.) INCOME TAX ACT 20. (1) Subsection 6(8) of the Income Tax Act is replaced by the following: GST rebates re costs of property or service (8) If (a) an amount in respect of an outlay or expense is deducted under section 8 in computing the income of a taxpayer for a taxation year from an office or employment, or (b) an amount is included in the capital cost to a taxpayer of a property described in subparagraph 8(1)(j)(ii) or 8(1)(p)(ii), and a particular amount is paid to the taxpayer in a particular taxation year as a rebate under the Excise Tax Act in respect of any goods and services tax included in the amount of the outlay or expense, or the capital cost of the property, as the case may be, the particular amount (c) to the extent that it relates to an outlay or expense referred to in paragraph (a), shall be included in computing the taxpayer’s income from an office or employment for the particular taxation year, and (d) to the extent that it relates to the capital cost of property referred to in paragraph (b), is deemed, for the purposes of subsection 13(7.1), to have been received by the taxpayer in the particular taxation year as assistance from a government for the acquisition of the property. (2) Subsection (1) applies to the 2002 and subsequent taxation years. 21. (1) Subsection 8(1) of the Act is amended by striking out the word ‘‘and’’ at the end of paragraph (p), by adding the word ‘‘and’’ at the end of paragraph (q) and by adding the following after paragraph (q): Apprentice mechanics’ tool costs (r) if the taxpayer was an eligible apprentice mechanic at any time after 2001 and before the end of the taxation year, the amount claimed by the taxpayer for the taxation 2001-2002 Exécution du bu year under this paragraph not exceeding the lesser of (i) the taxpayer’s income for the taxation year computed without reference to this paragraph, and (ii) the amount determined by the formula (A - B) + C where A is the total of all amounts each of which is the cost to the taxpayer of an eligible tool acquired in the taxation year by the taxpayer or, if the taxpayer first becomes employed as an eligible apprentice mechanic in the taxation year, the cost to the taxpayer of an eligible tool acquired by the taxpayer in the last three months of the preceding taxation year, B is the lesser of (A) the value of A for the taxation year in respect of the taxpayer, and (B) the greater of $1,000 and 5% of the total of all amounts, each of which is the taxpayer’s income from employment for the taxation year as an eligible apprentice mechanic, computed without reference to this paragraph, and C is the amount by which the amount determined under this subparagraph for the preceding taxation year in respect of the taxpayer exceeds the amount deducted under this paragraph for that preceding taxation year by the taxpayer. (2) Section 8 of the Act is amended by adding the following after subsection (5): Apprentice mechanics (6) For the purpose of paragraph (1)(r), (a) a taxpayer is an eligible apprentice mechanic in a taxation year if, at any time in the taxation year, the taxpayer (i) is registered in a program established in accordance with the laws of a province �� C. 9 Budget Impleme that leads to designation under those laws as a mechanic licensed to repair self-propelled motorized vehicles, and (ii) is employed as an apprentice mechanic; (b) an eligible tool is a tool (including ancillary equipment) that (i) is acquired by a taxpayer for use in connection with the taxpayer’s employment as an eligible apprentice mechanic, (ii) has not been used for any purpose before it is acquired by the taxpayer, and (iii) is certified in prescribed form by the taxpayer’s employer to be required to be provided by the taxpayer as a condition of, and for use in, the taxpayer’s employment as an eligible apprentice mechanic; and (c) a taxpayer who, for a taxation year, is not an eligible apprentice mechanic and has an excess amount determined under the description of C in subparagraph (1)(r)(ii) is, for the taxation year, entitled to claim a deduction under that paragraph as if that excess amount were wholly applicable to an employment of the taxpayer. Cost of tools of an apprentice mechanic (7) Except for the purpose of the description of A in subparagraph (1)(r)(ii), the cost to a taxpayer of an eligible tool the cost of which was included in determining the value of that description in respect of the taxpayer for a taxation year is the amount determined by the formula K - (K x L/M) where K is the cost to the taxpayer of the tool determined without reference to this subsection; L is the amount that would be determined under subparagraph (1)(r)(ii) in respect of the taxpayer for the taxation year if the value of C in that subparagraph were nil; and 2001-2002 Exécution du bu M is the value of A determined under subparagraph (1)(r)(ii) in respect of the taxpayer for the taxation year. (3) Subsections (1) and (2) apply to eligible tools acquired after 2001. 22. (1) The portion of paragraph 38(a.1) of the Act before subparagraph (i) is replaced by the following: (a.1) a taxpayer’s taxable capital gain for a taxation year from the disposition of any property is � of the taxpayer’s capital gain for the year from the disposition of the property if (2) Subsection (1) applies to dispositions that occur after 2001. 23. (1) Paragraph 53(2)(m) of the Act is replaced by the following: (m) any part of the cost to the taxpayer of the property that was deductible (otherwise than because of this subdivision or paragraph 8(1)(r)) in computing the taxpayer’s income for any taxation year commencing before that time and ending after 1971; (2) Subsection (1) applies after 2001. 24. (1) Subsection 56(1) of the Act is amended by adding the following after paragraph (j): Apprentice tools, re proceeds (k) all amounts received in the year by a person or partnership (in this paragraph referred to as the ‘‘vendor’’) as consideration for the disposition by the vendor of a property the cost of which was included in computing an amount under paragraph 8(1)(r) in respect of the vendor or in respect of a person with whom the vendor does not deal at arm’s length, to the extent that the total of those amounts received in respect of the disposition in the year and in preceding taxation years exceeds the total of the cost to the vendor of the property immediately before the disposition and all amounts included in respect of the disposition under this paragraph in computing the vendor’s �� C. 9 Budget Impleme income for a preceding taxation year, unless the property was acquired by the vendor in circumstances to which subsection 85(5.1) or subsection 97(5) applied; (2) Subsection (1) applies to the 2002 and subsequent taxation years. 25. (1) Paragraph 60(n) of the Act is replaced by the following: Repayment of pension or benefits (n) any amount paid by the taxpayer in the year as a repayment (otherwise than because of Part VII of the Unemployment Insurance Act, chapter U-1 of the Revised Statutes of Canada, 1985, or of Part VII of the Employment Insurance Act) of any of the following amounts to the extent that the amount was included in computing the taxpayer’s income, and not deducted in computing the taxpayer’s taxable income, for the year or for a preceding taxation year, namely, (i) a pension 56(1)(a)(i)(A), described in clause (ii) a benefit 56(1)(a)(i)(B), described in clause (iii) an amount described in subparagraph 56(1)(a)(ii), (iv) a benefit described in subparagraph 56(1)(a)(iv), (v) a benefit described in subparagraph 56(1)(a)(vi), and (vi) an amount described in paragraph 56(1)(r); (2) Subsection (1) applies to the 1997 and subsequent taxation years and, notwithstanding subsections 152(4) to (5) of the Act, any assessment of a taxpayer’s tax, interest or penalty for any taxation year shall be made that is necessary to give effect to subsection (1). 26. (1) Subsection 67.1(2) of the Act is amended by striking out the word ‘‘or’’ at the end of paragraph (e) and by adding the following after paragraph (e): (e.1) is an amount that 2001-2002 Exécution du bu (i) is not paid or payable in respect of entertainment or of a conference, convention, seminar or similar event, (ii) would, if this Act were read without reference to subparagraph 6(6)(a)(i), be required to be included in computing a taxpayer’s income for a taxation year because of the application of section 6 in respect of food or beverages consumed by the taxpayer or by a person with whom the taxpayer does not deal at arm’s length, (iii) is paid or payable in respect of the taxpayer’s duties performed at a site in Canada at which the person carries on a construction activity or at a construction work camp referred to in subparagraph (iv) in respect of the site, and (iv) is paid or payable for food or beverages provided at a construction work camp, at which the taxpayer is lodged, that was constructed or installed at or near the site to provide board and lodging to employees while they are engaged in construction services at the site; or (2) Subsection (1) applies to amounts paid or payable in respect of food and beverages provided after 2001. 27. (1) The portion of subsection 70(9) of the Act before paragraph (a) is replaced by the following: Transfer of farm property to child (9) If any land in Canada or depreciable property in Canada of a prescribed class of a taxpayer to which subsection (5) would otherwise apply was, before the taxpayer’s death, used principally in a farming business in which the taxpayer, the taxpayer’s spouse or common-law partner or any of the taxpayer’s children was actively engaged on a regular and continuous basis (or, in the case of property used in the operation of a woodlot, was engaged to the extent required by a prescribed forest management plan in respect of that woodlot), the property is, as a consequence of the death, transferred or distributed to a child of the taxpayer who was resident in Canada immediately before the death and it �� C. 9 Budget Impleme can be shown, within the period ending 36 months after the death or, if written application that this subsection apply has been made to the Minister by the taxpayer’s legal representative within that period, within any longer period that the Minister considers reasonable in the circumstances, that the property has vested indefeasibly in the child, (2) Subparagraph 70(9.3)(b)(i) of the Act is replaced by the following: (i) a share in the capital stock of a Canadian corporation that would be a share in the capital stock of a family farm corporation if paragraph (a) of the definition ‘‘share of the capital stock of a family farm corporation’’ in subsection (10) were read without the words ‘‘in which the person or a spouse, commonlaw partner, child or parent of the person was actively engaged on a regular and continuous basis (or, in the case of property used in the operation of a woodlot, was engaged to the extent required by a prescribed forest management plan in respect of that woodlot)’’, or (3) The portion of paragraph (a) of the definition ‘‘interest in a family farm partnership’’ in subsection 70(10) of the Act after subparagraph (iv) is replaced by the following: principally in the course of carrying on a farming business in Canada in which the person or a spouse, common-law partner, child or parent of the person was actively engaged on a regular and continuous basis (or, in the case of property used in the operation of a woodlot, was engaged to the extent required by a prescribed forest management plan in respect of that woodlot), 2001-2002 Exécution du bu (4) The portion of paragraph (a) of the definition ‘‘share of the capital stock of a family farm corporation’’ in subsection 70(10) of the Act after subparagraph (iv) is replaced by the following: principally in the course of carrying on a farming business in Canada in which the person or a spouse, common-law partner, child or parent of the person was actively engaged on a regular and continuous basis (or, in the case of property used in the operation of a woodlot, was engaged to the extent required by a prescribed forest management plan in respect of that woodlot), (5) Subsection (1) applies to transfers of property that occur as a consequence of deaths that occur after December 10, 2001. (6) Subsection (2) applies to transfers and distributions of property that occur after December 10, 2001. (7) Subsections (3) and (4) apply to transfers of property that occur after December 10, 2001. 28. (1) The portion of subsection 73(3) of the Act before paragraph (a) is replaced by the following: Inter vivos transfer of farm property to child (3) For the purposes of this Part, if at any time any land in Canada or depreciable property in Canada of a prescribed class of a taxpayer or any eligible capital property in respect of a business carried on in Canada by a taxpayer is transferred by the taxpayer to a child of the taxpayer who was resident in Canada immediately before the transfer, and the property was, before the transfer, used principally in a farming business in which the taxpayer, the taxpayer’s spouse or commonlaw partner or any of the taxpayer’s children was actively engaged on a regular and continuous basis (or, in the case of property used in the operation of a woodlot, was engaged to the extent required by a prescribed forest management plan in respect of that woodlot), �� C. 9 Budget Impleme (2) Subsection (1) applies to transfers of property that occur after December 10, 2001. 29. (1) Section 85 of the Act is amended by adding the following after subsection (5): Acquisition of apprentice tools, re capital cost and deemed depreciation (5.1) If subsection (1) has applied in respect of the acquisition at any particular time of any depreciable property by a corporation from an individual, the cost of the property to the individual was included in computing an amount under paragraph 8(1)(r) in respect of the individual, and the amount that would be the cost of the property to the individual immediately before the transfer if this Act were read without reference to subsection 8(7) (which amount is in this subsection referred to as the ‘‘individual’s original cost’’) exceeds the individual’s proceeds of disposition of the property, (a) the capital cost to the corporation of the property is deemed to be equal to the individual’s original cost; and (b) the amount by which the individual’s original cost exceeds the individual’s proceeds of disposition in respect of the property is deemed to have been deducted by the corporation under paragraph 20(1)(a) in respect of the property in computing income for taxation years that ended before that particular time. (2) Subsection (1) applies to dispositions that occur after 2001. 30. (1) Paragraph 87(2)(j.92) of the Act is replaced by the following: Subsections 125(5.1) and 157.1(1) (j.92) for the purposes of subsection 125(5.1) and the definition ‘‘eligible corporation’’ in subsection 157.1(1), the new corporation is deemed to be the same corporation as, and a continuation of, each predecessor corporation; (2) The portion of paragraph 87(2)(oo.1) of the Act before subparagraph (i) is replaced by the following: Refundable investment tax credit and balance-due day (oo.1) for the purpose of applying the definition ‘‘qualifying corporation’’ in subsection 127.1(2), and subparagraph (d)(i) of the definition ‘‘balance-due day’’ in subsec2001-2002 Exécution du bu tion 248(1), to any corporation, the new corporation is deemed to have had (3) Subsections (1) and (2) apply to taxation years that end after 2001. 31. (1) The portion of paragraph 88(1)(e.9) of the Act before subparagraph (i) is replaced by the following: (e.9) for the purpose of applying the definition ‘‘qualifying corporation’’ in subsection 127.1(2), and subparagraph (d)(i) of the definition ‘‘balance-due day’’ in subsection 248(1), to any corporation (other than the subsidiary) (2) Subsection (1) applies to taxation years that end after 2001. 32. (1) Section 97 of the Act is amended by adding the following after subsection (4): Acquisition of apprentice tools, re capital cost and deemed depreciation (5) If subsection (2) has applied in respect of the acquisition at any particular time of any depreciable property by a partnership from an individual, the cost of the property to the individual was included in computing an amount under paragraph 8(1)(r) in respect of the individual, and the amount that would be the cost of the property to the individual immediately before the transfer if this Act were read without reference to subsection 8(7) (which amount is in this subsection referred to as the ‘‘individual’s original cost’’) exceeds the individual’s proceeds of disposition of the property, (a) the capital cost to the partnership of the property is deemed to be equal to the individual’s original cost; and (b) the amount by which the individual’s original cost exceeds the individual’s proceeds of disposition in respect of the property is deemed to have been deducted by the partnership under paragraph 20(1)(a) in respect of the property in computing income for taxation years that ended before that particular time. �� C. 9 Budget Impleme (2) Subsection (1) applies to dispositions that occur after 2001. 33. (1) Subparagraph 110(1)(d.01)(ii) of the Act is repealed. (2) Subsection 110(1) of the Act is amended by adding the following after paragraph (f): Financial assistance (g) any amount that (i) is received by the taxpayer in the year under a program referred to in subparagraph 56(1)(r)(ii) or (iii), a program established under the authority of the Department of Human Resources Development Act or a prescribed program, (ii) is financial assistance for the payment of tuition fees of the taxpayer that are not included in computing an amount deductible under subsection 118.5(1) in computing the taxpayer’s tax payable under this Part for any taxation year, (iii) is included in computing the taxpayer’s income for the year, and (iv) is not otherwise deductible in computing the taxpayer’s taxable income for the year; (3) Subsection (1) applies to dispositions that occur after 2001. (4) Paragraph 110(1)(g) of the Act, as enacted by subsection (2), applies to the 1997 and subsequent taxation years and, notwithstanding subsections 152(4) to (5) of the Act, any assessment of a taxpayer’s tax, interest or penalty for any taxation year shall be made that is necessary to give effect to that paragraph. 34. (1) The description of E in the definition ‘‘non-capital loss’’ in subsection 111(8) of the Act is replaced by the following: E is the total of all amounts each of which is the taxpayer’s loss for the year from an office, employment, business or property, the taxpayer’s allowable business investment loss for the 2001-2002 Exécution du bu year, an amount deducted under paragraph (1)(b) or section 110.6 in computing the taxpayer’s taxable income for the year or an amount that may be deducted under any of paragraphs 110(1)(d) to (d.3), (f), (g), (j) and (k), section 112 and subsections 113(1) and 138(6) in computing the taxpayer’s taxable income for the year, and (2) Subsection (1) applies to the 1997 and subsequent taxation years and, notwithstanding subsections 152(4) to (5) of the Act, any assessment of a taxpayer’s tax, interest or penalty for any taxation year shall be made that is necessary to give effect to subsection (1). 35. (1) The definition ‘‘qualified non-resident’’ in subsection 115.2(1) of the Act is repealed. (2) The definitions ‘‘designated investment services’’ and ‘‘promoter’’ in subsection 115.2(1) of the Act are replaced by the following: ‘‘designated investment services’’ « services de placement déterminés » ‘‘designated investment services’’ provided to a person or partnership means any one or more of the services described in the following paragraphs: (a) investment management and advice with respect to qualified investments, regardless of whether the manager has discretionary authority to buy or sell; (b) purchasing and selling qualified investments, exercising rights incidental to the ownership of qualified investments such as voting, conversion and exchange, and entering into and executing agreements with respect to such purchasing and selling and the exercising of such rights; (c) investment administration services, such as receiving, delivering and having custody of investments, calculating and reporting investment values, receiving subscription amounts from, and paying distributions and proceeds of disposition to, investors in and beneficiaries of the person or partnership, record keeping, �� C. 9 Budget Impleme accounting and reporting to the person or partnership and its investors and beneficiaries; and (d) in the case of a corporation, trust or partnership the only undertaking of which is the investing of its funds in qualified investments, marketing investments in the corporation, trust or partnership to non-resident investors. ‘‘promoter’’ « promoteur » ‘‘promoter’’ of a corporation, trust or partnership means a particular person or partnership that initiates or directs the founding, organization or substantial reorganization of the corporation, trust or partnership, and a person or partnership that is affiliated with the particular person or partnership. (3) The portion of the definition ‘‘qualified investment’’ in subsection 115.2(1) of the Act before subparagraph (a)(ii) is replaced by the following: ‘‘qualified investment’’ « placement admissible » ‘‘qualified investment’’ of a person or partnership means (a) a share of the capital stock of a corporation, or an interest in a partnership, trust, entity, fund or organization, other than a share or an interest (i) that is either (A) not listed on a prescribed stock exchange, or (B) listed on a prescribed stock exchange, if the person or partnership, together with all persons with whom the person or partnership does not deal at arm’s length, owns 25% or more of the issued shares of any class of the capital stock of the corporation or of the total value of interests in the partnership, entity, trust, fund or organization, as the case may be, and 2001-2002 Exécution du bu (4) Subsection 115.2(1) of the Act is amended by adding the following in alphabetical order: ‘‘Canadian investor’’ « investisseur canadien » ‘‘Canadian investor’’, at any time in respect of a non-resident person, means a person that the non-resident person knows, or ought to know after reasonable inquiry, is at that time resident in Canada. (5) Subsection 115.2(2) of the Act is replaced by the following: Not carrying on business in Canada (2) For the purposes of subsection 115(1) and Part XIV, a non-resident person is not considered to be carrying on business in Canada at any particular time solely because of the provision to the person, or to a partnership of which the person is a member, at the particular time of designated investment services by a Canadian service provider if (a) in the case of services provided to a non-resident individual other than a trust, the individual is not affiliated at the particular time with the Canadian service provider; (b) in the case of services provided to a non-resident person that is a corporation or trust, (i) the person has not, before the particular time, directly or through its agents, (A) directed any promotion of investments in itself principally at Canadian investors, or (B) sold an investment in itself that is outstanding at the particular time to a person who was a Canadian investor at the time of the sale and who is a Canadian investor at the particular time, (ii) the person has not, before the particular time, directly or through its agents, filed any document with a public authority in Canada in accordance with the �� C. 9 Budget Impleme securities legislation of Canada or of any province in order to permit the distribution of interests in the person to persons resident in Canada, and (iii) when the particular time is more than one year after the time at which the person was created, the total of the fair market value, at the particular time, of investments in the person that are beneficially owned by persons and partnerships (other than a designated entity in respect of the Canadian service provider) that are affiliated with the Canadian service provider does not exceed 25% of the fair market value, at the particular time, of all investments in the person; and (c) in the case of services provided to a partnership of which the non-resident person is a member, (i) the particular time is not more than one year after the partnership was formed, or (ii) the total of the fair market value, at the particular time, of investments in the partnership that are beneficially owned by persons and partnerships (other than a designated entity in respect of the Canadian service provider) that are affiliated with the Canadian service provider does not exceed 25% of the fair market value, at the particular time, of all investments in the partnership. (6) Subsection 115.2(4) of the Act is replaced by the following: Transfer pricing (4) For the purpose of section 247, where subsection (2) applies in respect of services provided to a person that is a corporation or trust or to a partnership, if the Canadian service provider referred to in that subsection does not deal at arm’s length with the promoter of the person or of the partnership, the service provider is deemed not to deal at arm’s length with the person or partnership. 2001-2002 Exécution du bu (7) Subsections (1) to (3) and (5) and (6) apply to the 2002 and subsequent taxation years. (8) Subsection (4) applies to the 1999 and subsequent taxation years except that, in applying the definition ‘‘Canadian investor’’, as enacted by that subsection, to taxation years that end after 1998 and before 2002, that definition shall be read as follows: ‘‘Canadian investor’’, at any time in respect of a qualified non-resident, means (a) a person that the non-resident knows, or ought to know after reasonable inquiry, is at that time resident in Canada; and (b) a partnership that the non-resident knows, or ought to know after reasonable inquiry, has a member that is at that time resident in Canada. (9) In applying subparagraph 115.2(2)(b)(i) of the Act, as enacted by subsection 21(1) of the Income Tax Amendments Act, 1999, chapter 19 of the Statutes of Canada, 2000, to taxation years that end after 1998 and before 2002, that subparagraph shall be read as follows: (i) the non-resident has not, before the particular time, directly or through its agents, (A) directed any promotion of investments in itself principally at Canadian investors, or (B) sold an investment in itself that is outstanding at the particular time to a person who was a Canadian investor at the time of the sale and who is a Canadian investor at the particular time, 36. (1) Paragraph (a) of the definition ‘‘qualifying educational program’’ in subsection 118.6(1) of the Act is amended by striking out the word ‘‘or’’ at the end of subparagraph (i) and by adding the following after subparagraph (ii): �� C. 9 Budget Impleme (iii) an amount that is received by the student in the year under a program referred to in subparagraph 56(1)(r)(ii) or (iii), a program established under the authority of the Department of Human Resources Development Act or a prescribed program, or (2) Subsection (1) applies to the 2002 and subsequent taxation years. 37. (1) Subparagraph 122.3(1)(e)(iii) of the Act is replaced by the following: (iii) the total of all amounts each of which is an amount deducted under section 110.6 or paragraph 111(1)(b), or deductible under paragraph 110(1)(d.2), (d.3), (f), (g) or (j), in computing the individual’s taxable income for the year. (2) Subsection (1) applies to the 1997 and subsequent taxation years except that, for the 1997 taxation year, subparagraph 122.3(1)(e)(iii) of the Act, as enacted by subsection (1), shall be read as follows: (iii) the total of all amounts each of which is an amount deducted by the individual under section 110.6 or paragraph 111(1)(b), or deductible by the individual under paragraph 110(1)(d.2), (d.3), (f), (g) or (j), for the year or in respect of the period or periods referred to in subparagraph (ii), as the case may be. (3) Notwithstanding subsections 152(4) to (5) of the Act, any assessment of a taxpayer’s tax, interest or penalty for any taxation year shall be made that is necessary to give effect to subsection (1) or (2). 38. (1) Subsections 122.5(1) to (3.1) of the Act are replaced by the following: Definitions 122.5 (1) The following definitions apply in this section. ‘‘adjusted income’’ « revenu rajusté » ‘‘adjusted income’’ of an individual, for a taxation year in relation to a month specified for the taxation year, means the total of the individual’s income for the taxation year and the income for the taxation year of 2001-2002 Exécution du bu the individual’s qualified relation, if any, in relation to the specified month, both calculated as if no amount were included in respect of any gain from a disposition of property to which section 79 applies. ‘‘cohabiting spouse or common-law partner’’ « époux ou conjoint de fait visé » ‘‘cohabiting spouse or common-law partner’’ of an individual at any time has the meaning assigned by section 122.6. ‘‘eligible individual’’ « particulier admissible » ‘‘eligible individual’’, in relation to a month specified for a taxation year, means an individual (other than a trust) who (a) has, before the specified month, attained the age of 19 years; or (b) was, at any time before the specified month, (i) a parent who resided with their child, or (ii) married or in a common-law partnership. ‘‘qualified dependant’’ « personne à charge admissible » ‘‘qualified dependant’’ of an individual, in relation to a month specified for a taxation year, means a person who at the beginning of the specified month (a) is the individual’s child or is dependent for support on the individual or on the individual’s cohabiting spouse or common-law partner; (b) resides with the individual; (c) is under the age of 19 years; (d) is not an eligible individual in relation to the specified month; and (e) is not a qualified relation of any individual in relation to the specified month. ‘‘qualified relation’’ « proche admissible » ‘‘qualified relation’’ of an individual, in relation to a month specified for a taxation year, means the person, if any, who, at the beginning of the specified month, is the individual’s cohabiting spouse or common-law partner. ‘‘return of income’’ « déclaration de revenu » ‘‘return of income’’, in respect of a person for a taxation year, means ��� C. 9 Budget Impleme (a) for a person who is resident in Canada at the end of the taxation year, the person’s return of income (other than a return of income under subsection 70(2) or 104(23), paragraph 128(2)(e) or subsection 150(4)) that is required to be filed for the taxation year or that would be required to be filed if the person had tax payable under this Part for the taxation year; and (b) in any other case, a prescribed form containing prescribed information that is filed for the taxation year with the Minister. Persons not eligible individuals, qualified relations or qualified dependants (2) Notwithstanding subsection (1), a person is not an eligible individual, is not a qualified relation and is not a qualified dependant, in relation to a month specified for a taxation year, if the person (a) died before the specified month; (b) is confined to a prison or similar institution for a period of at least 90 days that includes the first day of the specified month; (c) is at the beginning of the specified month a non-resident person, other than a non-resident person who (i) is at that time the cohabiting spouse or common-law partner of a person who is deemed under subsection 250(1) to be resident in Canada throughout the taxation year that includes the first day of the specified month, and (ii) was resident in Canada at any time before the specified month; (d) is at the beginning of the specified month a person described in paragraph 149(1)(a) or (b); or (e) is a person in respect of whom a special allowance under the Children’s Special Allowances Act is payable for the specified month. 2001-2002 Deemed payment on account of tax Exécution du bu (3) An eligible individual in relation to a month specified for a taxation year who files a return of income for the taxation year and applies for an amount under this subsection is deemed to have paid during the specified month on account of their tax payable under this Part for the taxation year an amount equal to 1/4 of the amount, if any, determined by the formula A-B where A is the total of (a) $213, (b) $213 for the qualified relation, if any, of the individual in relation to the specified month, (c) if the individual has no qualified relation in relation to the specified month and is entitled to deduct an amount for the taxation year under subsection 118(1) because of paragraph (b) of the description of B in that subsection in respect of a qualified dependant of the individual in relation to the specified month, $213, (d) $112 times the number of qualified dependants of the individual in relation to the specified month, other than a qualified dependant in respect of whom an amount is included under paragraph (c) in computing the total for the specified month, (e) if the individual has no qualified relation and has one or more qualified dependants, in relation to the specified month, $112, and (f) if the individual has no qualified relation and no qualified dependant, in relation to the specified month, the lesser of $112 and 2% of the amount, if any, by which the individual’s income for the taxation year exceeds $6,911; and B is 5% of the amount, if any, by which the individual’s adjusted income for the taxation year in relation to the specified month exceeds $27,749. ��� When advance payment applies C. 9 Budget Impleme (3.1) Subsection (3.2) applies in respect of an eligible individual in relation to a particular month specified for a taxation year, and each subsequent month specified for the taxation year, if (a) the amount deemed by that subsection to have been paid by the eligible individual during the particular month specified for the taxation year is less than $25; and (b) it is reasonable to conclude that the amount deemed by that subsection to have been paid by the eligible individual during each subsequent month specified for the taxation year will be less than $25. Advance payment (3.2) If this subsection applies, the total of the amounts that would otherwise be deemed by subsection (3) to have been paid on account of the eligible individual’s tax payable under this Part for the taxation year during the particular month specified for the taxation year, and during each subsequent month specified for the taxation year, is deemed to have been paid by the eligible individual on account of their tax payable under this Part for the taxation year during the particular specified month for the taxation year, and the amount deemed by subsection (3) to have been paid by the eligible individual during those subsequent months specified for the taxation year is deemed, except for the purpose of this subsection, not to have been paid to the extent that it is included in an amount deemed to have been paid by this subsection. (2) Subsections 122.5(5) to (6) of the Act are replaced by the following: Only one eligible individual (5) If an individual is a qualified relation of another individual, in relation to a month specified for a taxation year, only one of them is an eligible individual in relation to that specified month, and if both of them claim to be eligible individuals, the individual that the Minister designates is the eligible individual in relation to that specified month. Exception re qualified dependant (6) If a person would, if this Act were read without reference to this subsection, be the qualified dependant of two or more individuals, in relation to a month specified for a taxation year, 2001-2002 Exécution du bu (a) the person is deemed to be a qualified dependant, in relation to that month, of the one of those individuals on whom those individuals agree; (b) in the absence of an agreement referred to in paragraph (a), the person is deemed to be, in relation to that month, a qualified dependant of the individual, if any, who is, at the beginning of that month, an eligible individual within the meaning assigned by section 122.6 in respect of the person; and (c) in any other case, the person is deemed to be, in relation to that month, a qualified dependant only of the individual that the Minister designates. Notification to Minister (6.1) An individual shall notify the Minister of the occurrence of any of the following events before the end of the month following the month in which the event occurs: (a) the individual ceases to be an eligible individual; (b) a person becomes or ceases to be the individual’s qualified relation; and (c) a person ceases to be a qualified dependant of the individual, otherwise than because of attaining the age of 19 years. Non-residents and part-year residents (6.2) For the purpose of this section, the income of a person who is non-resident at any time in a taxation year is deemed to be equal to the amount that would, if the person were resident in Canada throughout the year, be the person’s income for the year. (3) Subsections (1) and (2) apply to amounts that are deemed to be paid during months specified for the 2001 and subsequent taxation years. 39. (1) Subclause 126(1)(b)(ii)(A)(III) of the Act is replaced by the following: (III) the total of all amounts each of which is an amount deducted under section 110.6 or paragraph 111(1)(b), or deductible under any of paragraphs 110(1)(d) to (d.3), (f), (g) and (j) and sections 112 and 113, in computing the taxpayer’s taxable income for the year, and ��� C. 9 Budget Impleme (2) Subclause 126(2.1)(a)(ii)(A)(III) of the Act is replaced by the following: (III) the total of all amounts each of which is an amount deducted under section 110.6 or paragraph 111(1)(b), or deductible under any of paragraphs 110(1)(d) to (d.3), (f), (g) and (j) and sections 112 and 113, in computing the taxpayer’s taxable income for the year, and (3) Subparagraph 126(3)(b)(iii) of the Act is replaced by the following: (iii) the total of all amounts each of which is an amount deducted under section 110.6 or paragraph 111(1)(b), or deductible under any of paragraphs 110(1)(d) to (d.3), (f), (g) and (j), in computing the taxpayer’s taxable income for the year, (4) Subsections (1) to (3) apply to the 1997 and subsequent taxation years except that, for the 1997 taxation year (a) subclause 126(1)(b)(ii)(A)(III) of the Act, as enacted by subsection (1), shall be read as follows: (III) the total of all amounts each of which is an amount deducted by the taxpayer under section 110.6 or paragraph 111(1)(b), or deductible by the taxpayer under paragraph 110(1)(d), (d.1), (d.2), (d.3), (f), (g) or (j) or section 112 or 113, for the year or in respect of the period or periods referred to in subclause (II), as the case may be, and (b) subclause 126(2.1)(a)(ii)(A)(III) of the Act, as enacted by subsection (2), shall be read as follows: (III) the total of all amounts each of which is an amount deducted by the taxpayer under section 110.6 or paragraph 111(1)(b), or deductible by the taxpayer under paragraph 110(1)(d), (d.1), (d.2), (d.3), (f), (g) or (j) or section 112 or 113, for the year or in respect of the period or 2001-2002 Exécution du bu periods referred to in subclause (II), as the case may be, and and (c) subparagraph 126(3)(b)(iii) of the Act, as enacted by subsection (3), shall be read as follows: (iii) the total of all amounts each of which is an amount deducted under section 110.6 or paragraph 111(1)(b), or deductible under paragraph 110(1)(d), (d.1), (d.2), (d.3), (f), (g) or (j), in computing the individual’s taxable income for the year or in respect of the period or periods referred to in subparagraph (ii), as the case may be, (5) Notwithstanding subsections 152(4) to (5) of the Act, any assessment of a taxpayer’s tax, interest or penalty for any taxation year shall be made that is necessary to give effect to any of subsections (1) to (4). 40. (1) Paragraph 127.52(1)(h) of the Act is amended by striking out the word ‘‘and’’ at the end of subparagraph (iv), by adding the word ‘‘and’’ at the end of subparagraph (v) and by adding the following after subparagraph (v): (vi) the amount deducted under paragraph 110(1)(g); (2) Subsection (1) applies to the 1997 and subsequent taxation years and, notwithstanding subsections 152(4) to (5) of the Act, any assessment of a taxpayer’s tax, interest or penalty for any taxation year shall be made that is necessary to give effect to subsection (1). 41. (1) Paragraph 157(1)(b) of the Act is replaced by the following: (b) the remainder of the taxes payable by it under this Part and Parts I.3, VI, VI.1 and XIII.1 for the year on or before its balancedue day for the year. ��� C. 9 Budget Impleme (2) Subsection (1) applies to taxation years that end after 2001. 42. (1) The Act is amended by adding the following after section 157: Instalment deferral for January, February and March 2002 — definitions 157.1 (1) The following definitions apply in this section. ‘‘eligible corporation’’ « société admissible » ‘‘eligible corporation’’, for a particular taxation year, means a corporation (a) that is resident in Canada throughout the particular taxation year; and (b) of which the taxable capital employed in Canada, within the meaning assigned by Part I.3, for its preceding taxation year did not exceed, (i) if the corporation is not associated with any other corporation in the particular taxation year, $15 million, and (ii) if the corporation is associated with one or more other corporations in the particular taxation year, the amount by which $15 million exceeds the total of the taxable capital employed in Canada, within the meaning assigned by Part I.3, of those other corporations for their last taxation years that ended in the last calendar year that ended before the end of the particular taxation year. ‘‘eligible instalment day’’ « jour admissible » ‘‘eligible instalment day’’ of an eligible corporation means a day in January, February or March, 2002, on which an instalment on account of the corporation’s tax payable under this Part for the taxation year that includes that day would become payable (a) if this Act were read without reference to this section; and (b) if, in the case of a corporation that is not required by section 157 to make instalment payments on account of its tax payable under this Part for the taxation year, it were so required. 2001-2002 Deferred balance-due day Exécution du bu (2) An eligible corporation’s balance-due day for a taxation year that ends after 2001 is deemed to be the later of (a) the day that would otherwise be the corporation’s balance-due day for the taxation year, and (b) the day that is six months after the corporation’s last eligible instalment day in the taxation year. Deferred instalment day (3) An amount that would, because of paragraph 157(1)(a), otherwise become payable in respect of a taxation year by an eligible corporation on an eligible instalment day of the corporation does not become payable on that day but becomes payable (a) if the particular day that is six months after the eligible instalment day is in the taxation year, on the particular day; and (b) in any other case, on the day that is deemed by subsection (2) to be the corporation’s balance-due day for the taxation year. (2) Subsection (1) applies to taxation years that end after 2001. 43. (1) Subsection 160.1(1.1) of the Act is replaced by the following: Liability for refund by reason of s. 122.5 (1.1) If a person is a qualified relation of an individual (within the meaning assigned by subsection 122.5(1)), in relation to one or more months specified for a taxation year, the person and the individual are jointly and severally, or solidarily, liable to pay the lesser of (a) any excess described in subsection (1) that was refunded in respect of the taxation year to, or applied to a liability of, the individual as a consequence of the operation of section 122.5, and (b) the total of the amounts deemed by subsection 122.5(3) to have been paid by the individual during those specified months. Liability under other provisions (2) Subsection (1.1) does not limit a person’s liability under any other provision of this Act. ��� C. 9 Budget Impleme (2) Subsection (1) applies to amounts deemed to be paid during months specified for the 2001 and subsequent taxation years. 44. (1) Paragraph (d) of the definition ‘‘balance-due day’’ in subsection 248(1) of the Act is replaced by the following: (d) where the taxpayer is a corporation, (i) the day that is three months after the day on which the taxation year (in this subparagraph referred to as the ‘‘current year’’) ends, if (A) an amount was deducted under section 125 in computing the corporation’s tax payable under this Part for the current year or for its preceding taxation year, (B) the corporation is, throughout the current year, a Canadian-controlled private corporation, and (C) either (I) in the case of a corporation that is not associated with another corporation in the current year, its taxable income for its preceding taxation year (determined before taking into consideration the specified future tax consequences for that preceding taxation year) does not exceed its business limit for that preceding taxation year, or (II) in the case of a corporation that is associated with one or more other corporations in the current year, the total of the taxable incomes of the corporation and of those other corporations for their last taxation years that ended in the last calendar year that ended before the end of the current year (determined before taking into consideration the specified future tax consequences for those last taxation years) does not exceed the total of the business limits of the corporation and of those other corporations for those last taxation years, and 2001-2002 Exécution du bu (ii) the day that is two months after the day on which the taxation year ends, in any other case; (2) Subsection (1) applies to taxation years that end after 2001. PART 5 CANADA FUND FOR AFRICA Canada Fund for Africa Act 45. The Canada Fund for Africa Act is enacted as follows: An Act to establish a program to provide contributions for the economic and social development of Africa in fulfilment of the objectives set out in the New Partnership for Africa’s Development Short title 1. This Act may be cited as the Canada Fund for Africa Act. Definition of ‘‘Minister’’ 2. In this Act, ‘‘Minister’’ means the member of the Queen’s Privy Council for Canada who is designated by the Governor in Council as the Minister for the purposes of this Act. Establishment of program 3. (1) There is hereby established a program, to be called the Canada Fund for Africa, the object of which is to provide for the payment of contributions to eligible recipients for the carrying out of eligible activities. Eligible activities (2) An eligible activity is an activity that is, or is to be, conducted by an eligible recipient and that, in the opinion of the Minister, significantly promotes the fulfilment of the objectives set out in the New Partnership for Africa’s Development, adopted as the New Africa Initiative by the Organization of African Unity at Lusaka in July 2001 and, in particular, those objectives that were identified for support in the Africa Action Plan called for by the Group of Eight industrialized countries in Genoa in July 2001 and that are adopted by the Group of Eight at its summit scheduled at Kananaskis in June 2002. ��� C. 9 Budget Impleme Eligible recipients (3) A foreign government, an agency of a foreign government, an international organization, a corporation, a partnership or a trust is an eligible recipient if it carries on or, in the opinion of the Minister, is capable of carrying on an eligible activity. Contribution agreements 4. The Minister may enter into an agreement with an eligible recipient to provide for the payment of a contribution for an eligible activity under this Act. Regulations 5. The Governor in Council may make regulations generally for the carrying out of the purposes and provisions of this Act, including regulations establishing additional terms and conditions for the Fund. Coming into Force Coming into force 46. The provisions enacted by section 45 come into force on a day or days to be fixed by order of the Governor in Council. PART 6 CANADA STRATEGIC INFRASTRUCTURE FUND 47. The Canada Strategic Infrastructure Fund Act is enacted as follows: An Act to establish a program to provide contributions for the carrying out of strategic infrastructure projects Short title 1. This Act may be cited as the Canada Strategic Infrastructure Fund Act. Definitions 2. The definitions in this section apply in this Act. ‘‘eligible project’’ « travaux admissibles » ‘‘eligible project’’ means a large-scale project for the construction, renewal or material enhancement of strategic infrastructure that is carried out, or to be carried out, by an eligible recipient. ‘‘Minister’’ « ministre » ‘‘Minister’’ means the member of the Queen’s Privy Council for Canada who is designated by the Governor in Council as the Minister for the purposes of this Act. 2001-2002 ‘‘strategic infrastructure’’ « infrastructure stratégique » Exécution du bu ‘‘strategic infrastructure’’ means any of the following fixed capital assets that are used or operated for the benefit of the public: (a) highway or rail infrastructure; (b) local transportation infrastructure; (c) tourism or urban development infrastructure; (d) sewage treatment infrastructure; (e) water infrastructure; or (f) infrastructure prescribed by regulation. Establishment of program 3. (1) There is hereby established a program, to be called the Canada Strategic Infrastructure Fund, the object of which is to provide for the payment of contributions to eligible recipients for the carrying out of large-scale strategic infrastructure projects that contribute to economic growth or quality of life in Canada and that advance Canada’s objectives with respect to infrastructure. Public-private partnerships (2) The Fund shall, where appropriate, promote the use of partnerships between public and private sector bodies. Eligible recipients (3) The following are eligible recipients: (a) a province or a municipal or regional government established by or under provincial legislation; (b) a public sector body that is established by or under provincial legislation or by regulation or is wholly owned by a province or a private sector body that is in partnership with a province or a government referred to in paragraph (a), if the body (i) carries out or, in the opinion of the Minister, is capable of carrying out an eligible project in Canada, and (ii) has legal capacity, or is composed of organizations each of which has legal capacity; and (c) a private sector body that (i) carries out or, in the opinion of the Minister, is capable of carrying out an eligible project in Canada, and ��� C. 9 Budget Impleme (ii) has legal capacity, or is composed of organizations each of which has legal capacity. Contribution agreements 4. The Minister may enter into an agreement with an eligible recipient to provide for the payment of a contribution for an eligible project under this Act. Regulations 5. The Governor in Council may make regulations generally for the carrying out of the purposes and provisions of this Act, including regulations (a) prescribing other fixed capital assets for the purpose of paragraph (f) of the definition ‘‘strategic infrastructure’’ in section 2; (b) defining what constitutes a large-scale project; and (c) establishing additional terms and conditions for the Fund. Published under authority of the Speaker of the House of Commons Available from: Public Works and Government Services Canada — Publishing, Ottawa, Canada K1A 0S9 ��������� ����� ������ ����� ��� ���������� �������� �������������������� ������� ������ ��� ���

First Session, Thirty-seventh Parliament, 49-50-51 Elizabeth II, 2001-2002 STATUTES OF CANADA 2002 CHAPTER 8 An Act to establish a body that provides administrative services to the Federal Court of Appeal, the Federal Court, the Court Martial Appeal Court and the Tax Court of Canada, to amend the Federal Court Act, the Tax Court of Canada Act and the Judges Act, and to make related and consequential amendments to other Acts BILL C-30 ASSENTED TO 27th MARCH, 2002 RECOMMENDATION Her Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled ‘‘An Act to establish a body that provides administrative services to the Federal Court of Appeal, the Federal Court, the Court Martial Appeal Court and the Tax Court of Canada, to amend the Federal Court Act, the Tax Court of Canada Act and the Judges Act, and to make related and consequential amendments to other Acts’’. SUMMARY This enactment consolidates the current administrative services of the Federal Court of Canada, the Court Martial Appeal Court and the Tax Court of Canada into a single ‘‘Courts Administration Service’’. It amends the Federal Court Act and related legislation to create a separate Federal Court of Appeal. It amends the Tax Court of Canada Act and related legislation to change the status of the Tax Court of Canada to that of a superior court. It also makes consequential amendments to various other federal statutes. ��� ������������� ������������ ��� ��������� �� ��� ������������� �������� ������������� �� ��� ��������� �������� ��������������������� TABLE OF PROVISIONS AN ACT TO ESTABLISH A BODY THAT PROVIDES ADMINISTRATIVE SERVICES TO THE FEDERAL COURT OF APPEAL, THE FEDERAL COURT, THE COURT MARTIAL APPEAL COURT AND THE TAX COURT OF CANADA, TO AMEND THE FEDERAL COURT ACT, THE TAX COURT OF CANADA ACT AND THE JUDGES ACT, AND TO MAKE RELATED AND CONSEQUENTIAL AMENDMENTS TO OTHER ACTS SHORT TITLE 1. Short title PURPOSES OF ACT 2. Purposes 3. Establishment of Service 4. Principal office COURTS ADMINISTRATION SERVICE CHIEF ADMINISTRATOR 5. Appointment 6. Salary and expenses POWERS, DUTIES AND FUNCTIONS OF CHIEF ADMINISTRATOR 7. Chief Administrator CHIEF JUSTICES 8. Judicial functions 9. Direction to Chief Administrator STAFF OF THE SERVICE 10. Staff to be public servants CONTRACTING FOR SERVICES 11. Experts REPORT TO PARLIAMENT 12. Annual report AMENDMENTS TO THE FEDERAL COURT ACT 13-58. Amendments to the Federal Court Act AMENDMENTS TO THE TAX COURT OF CANADA ACT 59-81. Amendments to the Tax Court of Canada Act �� AMENDMENTS TO THE JUDGES ACT 82-111. Amendments to the Judges Act RELATED AND CONSEQUENTIAL AMENDMENTS 112-113. Access to Information Act 114. Anti-Personnel Mines Convention Implementation Act 115. Army Benevolent Fund Act 116-117. Canada Elections Act 118-119. Canada Evidence Act 120. Canada Labour Code 121. Canada Pension Plan 122. Canada Transportation Act 123. Canadian Ownership and Control Determination Act 124. 125. Civil International Space Station Agreement Implementation Act Commercial Arbitration Act 126-129. Competition Act 130. Competition Tribunal Act 131. Copyright Act 132. Corrections and Conditional Release Act 133. Cree-Naskapi (of Quebec) Act 134. Customs Act 135. Employment Insurance Act 136. Energy Supplies Emergency Act 137-140. Excise Tax Act 141. Extradition Act 142-143. Financial Administration Act 144-147. Immigration Act 148-149. Income Tax Act 150. International Sale of Goods Contracts Convention Act 151. Interpretation Act 152. Investment Canada Act 153-154. National Defence Act 155-157. Official Languages Act 158. Plant Breeders’ Rights Act 159-160. Privacy Act 161. Proceeds of Crime (Money Laundering) Act 162-163. Public Sector Compensation Act 164. Public Service Employment Act 165-167. Public Service Staff Relations Act 168. Railway Safety Act �� 169-173. Special Import Measures Act 174. Statutory Instruments Act 175-176. Supreme Court Act 177. Trade-marks Act 178. United Nations Foreign Arbitral Awards Convention Act 179. Veterans Review and Appeal Board Act 180. Yukon First Nations Self-Government Act 181. Yukon Surface Rights Board Act References 182. Replacement of ‘‘Federal Court Act’’ with ‘‘Federal Courts Act’’ 183. Replacement of ‘‘Federal Court — Trial Division’’ with ‘‘Federal Court’’ 184. Replacement of ‘‘Federal Court’’ and ‘‘Federal Court of Canada’’ with ‘‘Federal Court of Appeal’’ TRANSITIONAL PROVISIONS 185. Chief Justice of Federal Court of Canada 186. Jurisdiction 187. Judicial review rules to apply to certain appeals 188. Court proceedings to continue 189. Court premises and supplies 190. Appropriations 191. Rules made previously 192. Special Import Measures Act COORDINATING AMENDMENTS 193. Bill S-23 194. Bill C-11 195. Bill C-14 196. Bill C-16 197. Bill C-16 198. Bill C-23 COMING INTO FORCE 199. Coming into force SCHEDULE 49-50-51 ELIZABETH II CHAPTER 8 An Act to establish a body that provides administrative services to the Federal Court of Appeal, the Federal Court, the Court Martial Appeal Court and the Tax Court of Canada, to amend the Federal Court Act, the Tax Court of Canada Act and the Judges Act, and to make related and consequential amendments to other Acts [Assented to 27th March, 2002] Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: SHORT TITLE Short title 1. This Act may be cited as the Courts Administration Service Act. PURPOSES OF ACT Purposes 2. The purposes of this Act are to (a) facilitate coordination and cooperation among the Federal Court of Appeal, the Federal Court, the Court Martial Appeal Court and the Tax Court of Canada for the purpose of ensuring the effective and efficient provision of administrative services to those courts; (b) enhance judicial independence by placing administrative services at arm’s length from the Government of Canada and by affirming the roles of chief justices and judges in the management of the courts; and (c) enhance accountability for the use of public money in support of court administration while safeguarding the independence of the judiciary. � C. 8 Courts Administ COURTS ADMINISTRATION SERVICE Establishment of Service 3. The Courts Administration Service (in this Act referred to as the ‘‘Service’’), consisting of the Chief Administrator of the Service and employees of the Service, is hereby established as a portion of the public service of Canada. Principal office 4. (1) The principal office of the Service shall be in the National Capital Region described in the schedule to the National Capital Act. Other offices (2) The Chief Administrator may, after consultation with the Chief Justices of the Federal Court of Appeal, the Federal Court, the Court Martial Appeal Court and the Tax Court of Canada, establish other offices of the Service elsewhere in Canada. CHIEF ADMINISTRATOR Appointment 5. (1) The Governor in Council shall appoint the Chief Administrator to hold office during pleasure for a term of up to five years. Re-appointment (2) The Chief Administrator is eligible for re-appointment at the end of each term of office. Consultations (3) The Minister of Justice shall consult the Chief Justices of the Federal Court of Appeal, the Federal Court, the Court Martial Appeal Court and the Tax Court of Canada with respect to the appointment and re-appointment of the Chief Administrator and, if applicable, the termination of the Chief Administrator’s appointment. Status of Chief Administrator (4) The Chief Administrator shall have the rank and status of a deputy head of a department. Absence or incapacity (5) If the Chief Administrator is absent or incapacitated or the office of Chief Administrator is vacant, the Minister of Justice shall appoint another person to act as Chief Administrator. That person may not act as Chief Administrator for more than 90 days unless the Governor in Council, on the recommendation of the Minister of Justice after consultation by that Minister with the Chief Justices of the Federal Court of Appeal, the Federal 2001-2002 Service administratif de Court, the Court Martial Appeal Court and the Tax Court of Canada, confirms that the person may continue to act as Chief Administrator. Powers, duties and functions (6) The person acting as Chief Administrator has all of the powers, duties and functions of the Chief Administrator under this Act or any other Act of Parliament. Salary and expenses 6. (1) The Chief Administrator shall receive the remuneration that may be fixed by the Governor in Council and is entitled to be paid reasonable travel and living expenses incurred in the performance of his or her duties and functions under this Act while absent from the Chief Administrator’s ordinary place of work. Compensation (2) The Chief Administrator is deemed to be a person employed in the Public Service for the purposes of the Public Service Superannuation Act and to be employed in the public service of Canada for the purposes of the Government Employees Compensation Act and any regulations made under section 9 of the Aeronautics Act. POWERS, DUTIES AND FUNCTIONS OF CHIEF ADMINISTRATOR Chief Administrator 7. (1) The Chief Administrator is the chief executive officer of the Service and has supervision over and direction of its work and staff. Powers (2) The Chief Administrator has all the powers necessary for the overall effective and efficient management and administration of all court services, including court facilities and libraries and corporate services and staffing. Duties and functions (3) The Chief Administrator, in consultation with the Chief Justices of the Federal Court of Appeal, the Federal Court, the Court Martial Appeal Court and the Tax Court of Canada, shall establish and maintain the registry or registries for those courts in any organizational form or forms and prepare budgetary submissions for the requirements of those courts and for the related needs of the Service. � Limitation C. 8 Courts Administ (4) The powers of the Chief Administrator do not extend to any matter assigned by law to the judiciary. CHIEF JUSTICES Judicial functions 8. (1) The Chief Justices of the Federal Court of Appeal, the Federal Court, the Court Martial Appeal Court and the Tax Court of Canada are responsible for the judicial functions of their courts, including the direction and supervision over court sittings and the assignment of judicial duties. Included powers (2) The direction and supervision over court sittings and the assignment of judicial duties include, without restricting the generality of those terms, the power to (a) determine the sittings of the court; (b) assign judges to sittings; (c) assign cases and other judicial duties to judges; (d) determine the sitting schedules and places of sittings for judges; (e) determine the total annual, monthly and weekly work load of judges; and (f) prepare hearing lists and assign courtrooms. Directions by Chief Justice (3) Officers, clerks and employees of the Service shall act at the direction of a chief justice in matters that are assigned by law to the judiciary. Directions by judge (4) The persons referred to in subsection (3) who are assigned to or present in a courtroom shall act at the direction of the judge presiding over proceedings in the courtroom while the court is in session. Direction to Chief Administrator 9. (1) A chief justice may issue binding directions in writing to the Chief Administrator with respect to any matter within the Chief Administrator’s authority. Statutory Instruments Act not to apply (2) The Statutory Instruments Act does not apply to directions issued under subsection (1). 2001-2002 Service administratif de STAFF OF THE SERVICE Staff to be public servants 10. The officers, clerks and employees who are required for the purposes of the Service shall be appointed under the Public Service Employment Act. CONTRACTING FOR SERVICES Experts 11. The Chief Administrator may engage on a temporary basis experts or persons who have specialized knowledge for the purposes of advising and assisting the Chief Administrator in the performance of his or her duties and functions in any matter. REPORT TO PARLIAMENT Annual report 12. (1) The Chief Administrator shall, within six months after the end of each fiscal year, send to the Minister of Justice a report on the activities of the Service for that year. Tabling in Parliament (2) The Minister of Justice shall have a copy of the report laid before each House of Parliament on any of the first 15 days on which that House is sitting after the day on which the Minister receives the report. R.S., c. F-7 AMENDMENTS TO THE FEDERAL COURT ACT 13. The long title of the Federal Court Act is replaced by the following: An Act respecting the Federal Court of Appeal and the Federal Court 14. Section 1 of the Act is replaced by the following: Short title 1. This Act may be cited as the Federal Courts Act. 15. (1) The definitions ‘‘Associate Chief Justice’’, ‘‘Chief Justice’’, ‘‘Court’’, ‘‘Court of Appeal’’, ‘‘Federal Court of Appeal’’, ‘‘judge’’ and ‘‘Trial Division’’ in subsection 2(1) of the Act are repealed. 1990, c. 8, s. 1(3) (2) The definition ‘‘federal board, commission or other tribunal’’ in subsection 2(1) of the Act is replaced by the following: ‘‘federal board, commission or other tribunal’’ « office fédéral » ‘‘federal board, commission or other tribunal’’ means any body, person or persons having, exercising or purporting to exercise juris� C. 8 Courts Administ diction or powers conferred by or under an Act of Parliament or by or under an order made pursuant to a prerogative of the Crown, other than the Tax Court of Canada or any of its judges, any such body constituted or established by or under a law of a province or any such person or persons appointed under or in accordance with a law of a province or under section 96 of the Constitution Act, 1867; (3) Subsection 2(1) of the Act is amended by adding the following in alphabetical order: ‘‘Registry’’ « greffe » ‘‘Registry’’ means a registry established by the Chief Administrator of the Courts Administration Service pursuant to the Courts Administration Service Act for the purposes of this Act. 1992, c. 49, s. 127; 1993, c. 34, s. 68(F); 1996, c. 22, s. 1 16. The heading before section 3 and sections 3 to 6 of the Act are replaced by the following: THE COURTS Federal Court — Appeal Division continued 3. The division of the Federal Court of Canada called the Federal Court — Appeal Division is continued under the name ‘‘Federal Court of Appeal’’ in English and ‘‘Cour d’appel fédérale’’ in French. It is continued as an additional court of law, equity and admiralty in and for Canada, for the better administration of the laws of Canada and as a superior court of record having civil and criminal jurisdiction. Federal Court — Trial Division continued 4. The division of the Federal Court of Canada called the Federal Court — Trial Division is continued under the name ‘‘Federal Court’’ in English and ‘‘Cour fédérale’’ in French. It is continued as an additional court of law, equity and admiralty in and for Canada, for the better administration of the laws of Canada and as a superior court of record having civil and criminal jurisdiction. 2001-2002 Service administratif de THE JUDGES Constitution of Federal Court of Appeal 5. (1) The Federal Court of Appeal consists of a chief justice called the Chief Justice of the Federal Court of Appeal, who is the president of the Federal Court of Appeal, and 10 other judges. Supernumerary judges (2) For each office of judge of the Federal Court of Appeal, there is an additional office of supernumerary judge that a judge of the Federal Court of Appeal may elect under the Judges Act to hold. Additional office of judge (3) For the office of Chief Justice of the Federal Court of Appeal, there is an additional office of judge that the Chief Justice may elect under the Judges Act to hold. Judges of Federal Court (4) Every judge of the Federal Court is, by virtue of his or her office, a judge of the Federal Court of Appeal and has all the jurisdiction, power and authority of a judge of the Federal Court of Appeal. Constitution of Federal Court 5.1 (1) The Federal Court consists of a chief justice called the Chief Justice of the Federal Court, who is the president of the Federal Court, and 19 other judges. Supernumerary judges (2) For each office of judge of the Federal Court, there is an additional office of supernumerary judge that a judge of the Federal Court may elect under the Judges Act to hold. Additional office of judge (3) For the office of Chief Justice of the Federal Court, there is an additional office of judge that the Chief Justice may elect under the Judges Act to hold. Judges of Federal Court of Appeal (4) Every judge of the Federal Court of Appeal is, by virtue of that office, a judge of the Federal Court and has all the jurisdiction, power and authority of a judge of the Federal Court. Appointment of judges 5.2 The judges of the Federal Court of Appeal and the Federal Court are to be appointed by the Governor in Council by letters patent under the Great Seal. � Who may be appointed judge C. 8 Courts Administ 5.3 A person may be appointed a judge of the Federal Court of Appeal or the Federal Court if the person (a) is or has been a judge of a superior, county or district court in Canada; (b) is or has been a barrister or advocate of at least 10 years standing at the bar of any province; or (c) has, for at least 10 years, (i) been a barrister or advocate at the bar of any province, and (ii) after becoming a barrister or advocate at the bar of any province, exercised powers and performed duties and functions of a judicial nature on a full-time basis in respect of a position held under a law of Canada or a province. Judges from Quebec 5.4 At least four of the judges of the Federal Court of Appeal and at least six of the judges of the Federal Court must be persons who have been judges of the Court of Appeal or of the Superior Court of the Province of Quebec, or have been members of the bar of that Province. Rank and precedence 6. (1) The Chief Justices of the Federal Court of Appeal and the Federal Court and the other judges of those courts have rank and precedence among themselves in the following order: (a) the Chief Justice of the Federal Court of Appeal; (b) the Chief Justice of the Federal Court; (c) the other judges of the Federal Court of Appeal, according to seniority determined by reference to the respective times when they became judges of the Federal Court of Canada or the Federal Court of Appeal; and (d) the other judges of the Federal Court, according to seniority determined by reference to the respective times when they became judges of the Federal Court of Canada or the Federal Court. Absence or incapacity of a Chief Justice (2) If the office of Chief Justice of the Federal Court of Appeal or the office of the Chief Justice of the Federal Court is vacant, or the Chief Justice of either court is absent from 2001-2002 Service administratif de Canada or is for any reason unable or unwilling to act, the powers and duties of the Chief Justice shall be exercised and performed by the senior judge of the same court who is in Canada and is able and willing to act and who has not elected to hold office as a supernumerary judge under section 28 of the Judges Act. 17. Subsection 7(1) of the Act is replaced by the following: Residence of judges 7. (1) The judges of the Federal Court of Appeal and the Federal Court shall reside in the National Capital Region described in the schedule to the National Capital Act or within 40 kilometres of that Region. R.S., c. 16 (3rd Supp.), s. 7(1) 18. Subsections 8(1) and (2) of the Act are replaced by the following: Tenure of office 8. (1) Subject to subsection (2), the judges of the Federal Court of Appeal and the Federal Court hold office during good behaviour, but are removable by the Governor General on address of the Senate and House of Commons. Cessation of office (2) A judge of the Federal Court of Appeal or the Federal Court ceases to hold office on becoming 75 years old. 19. Sections 9 to 11 of the Act are replaced by the following: Oath of office for judges 9. (1) Before judges of the Federal Court of Appeal or the Federal Court begin to perform their duties as judges, they shall take an oath that they will duly and faithfully execute their powers and trusts as judges to the best of their skill and knowledge. How administered — Federal Court of Appeal (2) The oath shall be administered to the Chief Justice of the Federal Court of Appeal before the Governor General, and to the other judges of that court by the Chief Justice of that court or, in the absence or incapacity of the Chief Justice, by any other judge of that court. How administered — Federal Court (3) The oath shall be administered to the Chief Justice of the Federal Court before the Governor General, and to the other judges of that court by the Chief Justice of that court or, in the absence or incapacity of the Chief Justice, by any other judge of that court. �� Deputy judges of the Federal Court of Appeal Deputy judges of the Federal Court Consent required C. 8 Courts Administ 10. (1) Subject to subsection (3), any judge of a superior, county or district court in Canada, and any person who has held office as a judge of a superior, county or district court in Canada, may, at the request of the Chief Justice of the Federal Court of Appeal made with the approval of the Governor in Council, act as a judge of the Federal Court of Appeal, and while so acting has all the powers of a judge of that court and shall be referred to as a deputy judge of that court. (1.1) Subject to subsection (3), any judge of a superior, county or district court in Canada, and any person who has held office as a judge of a superior, county or district court in Canada, may, at the request of the Chief Justice of the Federal Court made with the approval of the Governor in Council, act as a judge of the Federal Court, and while so acting has all the powers of a judge of that court and shall be referred to as a deputy judge of that court. (2) No request may be made under subsection (1) or (1.1) to a judge of a superior, county or district court in a province without the consent of the chief justice or chief judge of the court of which he or she is a member, or of the attorney general of the province. Approval of Governor in Council (3) The Governor in Council may approve the making of requests under subsection (1) or (1.1) in general terms or for particular periods or purposes, and may limit the number of persons who may act under this section. Salary of deputy judge (4) A person who acts as a judge of a court under subsection (1) or (1.1) shall be paid a salary for the period that the judge acts, at the rate fixed by the Judges Act for a judge of the court other than the Chief Justice of the court, less any amount otherwise payable to him or her under that Act in respect of that period, and shall also be paid the travel allowances that a judge is entitled to be paid under the Judges Act. 10.1 The judges of the Federal Court of Appeal shall meet at least once in each year, on a day fixed by the Chief Justice of the court, in order to consider this Act, the Rules and the administration of justice, as shall the judges of the Federal Court on a day fixed by the Chief Justice of that court. Meetings 2001-2002 Service administratif de BARRISTERS, ADVOCATES, ATTORNEYS AND SOLICITORS Barrister or advocate 11. (1) Every person who is a barrister or an advocate in a province may practise as a barrister or an advocate in the Federal Court of Appeal or the Federal Court. Attorney or solicitor (2) Every person who is an attorney or a solicitor in a superior court of a province may practise as an attorney or a solicitor in the Federal Court of Appeal or the Federal Court. Officers of court (3) Every person who may practise as a barrister, an advocate, an attorney or a solicitor in the Federal Court of Appeal or the Federal Court is an officer of that Court. 20. (1) Subsection 12(1) of the Act is replaced by the following: Prothonotaries 12. (1) The Governor in Council may appoint as prothonotaries of the Federal Court any fit and proper persons who are barristers or advocates in a province and who are, in the opinion of the Governor in Council, necessary for the efficient performance of the work of that court that, under the Rules, is to be performed by them. (2) Section 12 of the Act is amended by adding the following after subsection (5): Immunity from liability (6) A prothonotary shall have the same immunity from liability as a judge of the Federal Court. Term of office (7) A prothonotary shall hold office during good behaviour but may be removed by the Governor in Council for cause. Cessation of office (8) A prothonotary, whether appointed before or after the coming into force of this subsection, shall cease to hold office on becoming 75 years old. 21. (1) Subsections 13(1) and (2) of the Act are replaced by the following: Sheriff 13. (1) The Governor in Council may appoint a sheriff of the Federal Court of Appeal and of the Federal Court for any geographical area. �� Ex officio sheriffs C. 8 Courts Administ (2) If no sheriff is appointed under subsection (1) for a court for a geographical area, the sheriff and deputy sheriffs of the county or other judicial division or part of the county within that geographical area who are appointed under provincial law are ex officio sheriff and deputy sheriffs, respectively, of the Federal Court of Appeal and of the Federal Court. (2) Subsection 13(4) of the Act is replaced by the following: Sheriffs are marshals (4) Every sheriff of the Federal Court of Appeal and of the Federal Court is ex officio a marshal of that court and every deputy sheriff of the Federal Court of Appeal and of the Federal Court is ex officio a deputy marshal of that court. 22. Section 14 of the Act and the heading before it are replaced by the following: JUDICIAL ADMINISTRATORS Designation 14. (1) The Chief Justice of the Federal Court of Appeal may designate an employee of the Service as the Judicial Administrator of the Federal Court of Appeal, and the Chief Justice of the Federal Court may designate an employee of the Courts Administration Service as the Judicial Administrator of the Federal Court. Duties — Federal Court of Appeal (2) The Judicial Administrator of the Federal Court of Appeal shall perform any non-judicial work that may be delegated to him or her by the Chief Justice of that court, in accordance with the instructions given by the Chief Justice, including (a) the making of an order fixing the time and place of a hearing, or adjourning a hearing; (b) arranging for the distribution of judicial business in the court; and (c) arranging from time to time for the establishment of any panels of judges of the court that are necessary. 2001-2002 Duties — Federal Court Service administratif de (3) The Judicial Administrator of the Federal Court shall perform any non-judicial work that may be delegated to him or her by the Chief Justice of that court, in accordance with the instructions given by the Chief Justice, including (a) the making of an order fixing the time and place of a trial or hearing, or adjourning a trial or hearing; and (b) arranging for the distribution of judicial business in the court. Revocation of designation (4) A designation made under subsection (1) may be revoked at any time and is automatically revoked when the Chief Justice by whom it was made ceases to hold office as Chief Justice. 1990, c. 8, s. 2 23. Sections 15 and 16 of the Act are replaced by the following: Sittings of the Federal Court 15. (1) Subject to the Rules, any judge of the Federal Court may sit and act at any time and at any place in Canada for the transaction of the business of the court or any part of it and, when a judge so sits or acts, the judge constitutes the court. Arrangements to be made by Chief Justice of the Federal Court (2) Subject to the Rules, the Chief Justice of the Federal Court shall make all arrangements that may be necessary or proper for the holding of courts, or otherwise for the transaction of business of the Federal Court, and the arrangements from time to time of judges to hold the courts or to transact that business. Hearings in different places (3) The trial or hearing of any matter in the Federal Court may, by order of that court, take place partly at one place and partly at another. Sittings of the Federal Court of Appeal 16. (1) Except as otherwise provided in this Act or any other Act of Parliament, every appeal and every application for leave to appeal to the Federal Court of Appeal, and every application for judicial review or reference to that court, shall be heard in that court before not fewer than three judges sitting together and always before an uneven number of judges. Otherwise, the business of the Federal Court of Appeal shall be dealt with by such judge or judges as the Chief Justice of that court may arrange. �� C. 8 Courts Administ Arrangements to be made by Chief Justice of the Federal Court of Appeal (2) The Chief Justice of the Federal Court of Appeal shall designate the judges to sit from time to time and the appeals or matters to be heard by them. Place of sittings (3) The place of each sitting of the Federal Court of Appeal shall be arranged by the Chief Justice of that court to suit, as nearly as may be, the convenience of the parties. No judge to hear appeal from own judgment (4) A judge shall not sit on the hearing of an appeal from a judgment he or she has pronounced. Chief Justice of Federal Court of Appeal to preside (5) The Chief Justice of the Federal Court of Appeal, when present at any sittings of that court, shall preside and, in the absence of the Chief Justice, the senior judge of that court who is present shall preside. 24. The heading before section 17 of the Act is replaced by the following: JURISDICTION OF FEDERAL COURT 1990, c. 8, s. 3(1) 25. (1) Subsection 17(1) of the Act is replaced by the following: Relief against the Crown 17. (1) Except as otherwise provided in this Act or any other Act of Parliament, the Federal Court has concurrent original jurisdiction in all cases in which relief is claimed against the Crown. 1990, c. 8, s. 3(1) (2) The portion of subsection 17(2) of the Act before paragraph (a) is replaced by the following: Cases (2) Without restricting the generality of subsection (1), the Federal Court has concurrent original jurisdiction, except as otherwise provided, in all cases in which 1990, c. 8, s. 3(2) (3) Subsections 17(3) and (4) of the Act are replaced by the following: Crown and subject: consent to jurisdiction (3) The Federal Court has exclusive original jurisdiction to hear and determine the following matters: (a) the amount to be paid if the Crown and any person have agreed in writing that the Crown or that person shall pay an amount to be determined by the Federal Court, the Federal Court — Trial Division or the Exchequer Court of Canada; and 2001-2002 Service administratif de (b) any question of law, fact or mixed law and fact that the Crown and any person have agreed in writing shall be determined by the Federal Court, the Federal Court — Trial Division or the Exchequer Court of Canada. Conflicting claims against Crown (4) The Federal Court has concurrent original jurisdiction to hear and determine proceedings to determine disputes in which the Crown is or may be under an obligation and in respect of which there are or may be conflicting claims. (4) The portion of subsection 17(5) of the Act before paragraph (a) is replaced by the following: Relief in favour of Crown or against officer (5) The Federal Court has concurrent original jurisdiction 1990, c. 8, s. 3(4) (5) Subsection 17(6) of the Act is replaced by the following: Federal Court has no jurisdiction (6) If an Act of Parliament confers jurisdiction in respect of a matter on a court constituted or established by or under a law of a province, the Federal Court has no jurisdiction to entertain any proceeding in respect of the same matter unless the Act expressly confers that jurisdiction on that court. 1990, c. 8, s. 4 26. (1) The portion of subsection 18(1) of the Act before paragraph (a) is replaced by the following: Extraordinary remedies, federal tribunals 18. (1) Subject to section 28, the Federal Court has exclusive original jurisdiction 1990, c. 8, s. 4 (2) Subsection 18(2) of the Act is replaced by the following: Extraordinary remedies, members of Canadian Forces (2) The Federal Court has exclusive original jurisdiction to hear and determine every application for a writ of habeas corpus ad subjiciendum, writ of certiorari, writ of prohibition or writ of mandamus in relation to any member of the Canadian Forces serving outside Canada. �� C. 8 Courts Administ 1990, c. 8, s. 5 27. (1) Subsection 18.1(2) of the Act is replaced by the following: Time limitation (2) An application for judicial review in respect of a decision or an order of a federal board, commission or other tribunal shall be made within 30 days after the time the decision or order was first communicated by the federal board, commission or other tribunal to the office of the Deputy Attorney General of Canada or to the party directly affected by it, or within any further time that a judge of the Federal Court may fix or allow before or after the end of those 30 days. 1990, c. 8, s. 5 (2) The portion of subsection 18.1(3) of the Act before paragraph (a) is replaced by the following: Powers of Federal Court (3) On an application for judicial review, the Federal Court may 1990, c. 8, s. 5 (3) The portion of subsection 18.1(4) of the Act before paragraph (a) is replaced by the following: Grounds of review (4) The Federal Court may grant relief under subsection (3) if it is satisfied that the federal board, commission or other tribunal 1990, c. 8, s. 5 (4) Subsection 18.1(5) of the Act is replaced by the following: Defect in form or technical irregularity (5) If the sole ground for relief established on an application for judicial review is a defect in form or a technical irregularity, the Federal Court may (a) refuse the relief if it finds that no substantial wrong or miscarriage of justice has occurred; and (b) in the case of a defect in form or a technical irregularity in a decision or an order, make an order validating the decision or order, to have effect from any time and on any terms that it considers appropriate. 1990, c. 8, s. 5 28. Sections 18.2 to 19 of the Act are replaced by the following: Interim orders 18.2 On an application for judicial review, the Federal Court may make any interim orders that it considers appropriate pending the final disposition of the application. 2001-2002 Service administratif de Reference by federal tribunal 18.3 (1) A federal board, commission or other tribunal may at any stage of its proceedings refer any question or issue of law, of jurisdiction or of practice and procedure to the Federal Court for hearing and determination. Reference by Attorney General of Canada (2) The Attorney General of Canada may, at any stage of the proceedings of a federal board, commission or other tribunal, other than a service tribunal within the meaning of the National Defence Act, refer any question or issue of the constitutional validity, applicability or operability of an Act of Parliament or of regulations made under an Act of Parliament to the Federal Court for hearing and determination. Hearings in summary way 18.4 (1) Subject to subsection (2), an application or reference to the Federal Court under any of sections 18.1 to 18.3 shall be heard and determined without delay and in a summary way. Exception (2) The Federal Court may, if it considers it appropriate, direct that an application for judicial review be treated and proceeded with as an action. Exception to sections 18 and 18.1 18.5 Despite sections 18 and 18.1, if an Act 2 of Parliament expressly provides for an appeal to the Federal Court, the Federal Court of Appeal, the Supreme Court of Canada, the Court Martial Appeal Court, the Tax Court of Canada, the Governor in Council or the Treasury Board from a decision or an order of a federal board, commission or other tribunal made by or in the course of proceedings before that board, commission or tribunal, that decision or order is not, to the extent that it may be so appealed, subject to review or to be restrained, prohibited, removed, set aside or otherwise dealt with, except in accordance with that Act. Intergovernmental disputes 19. If the legislature of a province has passed an Act agreeing that the Federal Court, the Federal Court of Canada or the Exchequer Court of Canada has jurisdiction in cases of controversies between Canada and that province, or between that province and any other province or provinces that have passed a like Act, the Federal Court has jurisdiction to determine the controversies. �� C. 8 Courts Administ 29. (1) The portion of subsection 20(1) of the Act before paragraph (a) is replaced by the following: Industrial property, exclusive jurisdiction 20. (1) The Federal Court has exclusive original jurisdiction, between subject and subject as well as otherwise, 1990, c. 37, s. 34(2) (2) Subsection 20(2) of the Act is replaced by the following: Industrial property, concurrent jurisdiction (2) The Federal Court has concurrent jurisdiction in all cases, other than those mentioned in subsection (1), in which a remedy is sought under the authority of an Act of Parliament or at law or in equity respecting any patent of invention, copyright, trademark, industrial design or topography referred to in paragraph (1)(a). 30. Section 21 of the Act is replaced by the following: Citizenship appeals 21. The Federal Court has exclusive jurisdiction to hear and determine all appeals that may be brought under subsection 14(5) of the Citizenship Act. 31. (1) Subsection 22(1) of the Act is replaced by the following: Navigation and shipping 22. (1) The Federal Court has concurrent original jurisdiction, between subject and subject as well as otherwise, in all cases in which a claim for relief is made or a remedy is sought under or by virtue of Canadian maritime law or any other law of Canada relating to any matter coming within the class of subject of navigation and shipping, except to the extent that jurisdiction has been otherwise specially assigned. (2) The portion of subsection 22(2) of the Act before paragraph (a) is replaced by the following: Maritime jurisdiction (2) Without limiting the generality of subsection (1), for greater certainty, the Federal Court has jurisdiction with respect to all of the following: 2001-2002 Service administratif de (3) Paragraph 22(2)(o) of the English version of the Act is replaced by the following: (o) any claim by a master, officer or member of the crew of a ship for wages, money, property or other remuneration or benefits arising out of his or her employment; (4) The portion of subsection 22(3) of the Act before paragraph (a) is replaced by the following: Jurisdiction applicable (3) For greater certainty, the jurisdiction conferred on the Federal Court by this section applies 32. The portion of section 23 of the Act before paragraph (a) is replaced by the following: Bills of exchange and promissory notes — aeronautics and interprovincial works and undertakings 23. Except to the extent that jurisdiction has been otherwise specially assigned, the Federal Court has concurrent original jurisdiction, between subject and subject as well as otherwise, in all cases in which a claim for relief is made or a remedy is sought under an Act of Parliament or otherwise in relation to any matter coming within any of the following classes of subjects: 1990, c. 8, s. 6 33. Sections 24 to 26 of the Act are replaced by the following: Extraprovincial jurisdiction 25. The Federal Court has original jurisdiction, between subject and subject as well as otherwise, in any case in which a claim for relief is made or a remedy is sought under or by virtue of the laws of Canada if no other court constituted, established or continued under any of the Constitution Acts, 1867 to 1982 has jurisdiction in respect of that claim or remedy. General original jurisdiction 26. The Federal Court has original jurisdiction in respect of any matter, not allocated specifically to the Federal Court of Appeal, in respect of which jurisdiction has been conferred by an Act of Parliament on the Federal Court of Appeal, the Federal Court, the Federal Court of Canada or the Exchequer Court of Canada. �� C. 8 Courts Administ 1990, c. 8, s. 7(1) 34. (1) Subsection 27(1) of the Act is replaced by the following: Appeals from Federal Court 27. (1) An appeal lies to the Federal Court of Appeal from any of the following decisions of the Federal Court: (a) a final judgment; (b) a judgment on a question of law determined before trial; (c) an interlocutory judgment; or (d) a determination on a reference made by a federal board, commission or other tribunal or the Attorney General of Canada. R.S., c. 51 (4th Supp.), s. 11(1); 1993, c. 27, s. 214 (2) Subsection 27(1.1) of the English version of the Act is replaced by the following: Appeals from Tax Court of Canada, except from informal procedure (1.1) An appeal lies to the Federal Court of Appeal from (a) a final judgment of the Tax Court of Canada, other than one in respect of which section 18, 18.29, 18.3 or 18.3001 of the Tax Court of Canada Act applies; (b) a judgment of the Tax Court of Canada, other than one in respect of which section 18, 18.29, 18.3 or 18.3001 of the Tax Court of Canada Act applies, on a question of law determined before trial; or (c) an interlocutory judgment or order of the Tax Court of Canada, other than one in respect of which section 18, 18.29, 18.3 or 18.3001 of the Tax Court of Canada Act applies. R.S., c. 51 (4th Supp.), s. 11(2); 1990, c. 8, s. 78(1)(E) (3) Subsections 27(2) and (3) of the Act are replaced by the following: Appeals from informal procedure in Tax Court of Canada (1.2) An appeal lies to the Federal Court of Appeal from a final judgment of the Tax Court of Canada in respect of which section 18, 18.29, 18.3 or 18.3001 of the Tax Court of Canada Act applies. 2001-2002 Grounds for appeal Service administratif de (1.3) The only grounds for an appeal under subsection (1.2) are that the Tax Court of Canada (a) acted without jurisdiction, acted beyond its jurisdiction or refused to exercise its jurisdiction; (b) failed to observe a principle of natural justice, procedural fairness or other procedure that it was required by law to observe; (c) erred in law in making a decision or an order, whether or not the error appears on the face of the record; (d) based its decision or order on an erroneous finding of fact that it made in a perverse or capricious manner or without regard for the material before it; (e) acted, or failed to act, by reason of fraud or perjured evidence; or (f) acted in any other way that was contrary to law. Hearing in summary way (1.4) An appeal under subsection (1.2) shall be heard and determined without delay and in a summary way. Notice of appeal (2) An appeal under this section shall be brought by filing a notice of appeal in the Registry of the Federal Court of Appeal (a) in the case of an interlocutory judgment, within 10 days after the pronouncement of the judgment or within any further time that a judge of the Federal Court of Appeal may fix or allow before or after the end of those 10 days; and (b) in any other case, within 30 days, not including any days in July and August, after the pronouncement of the judgment or determination appealed from or within any further time that a judge of the Federal Court of Appeal may fix or allow before or after the end of those 30 days. Service (3) All parties directly affected by an appeal under this section shall be served without delay with a true copy of the notice of appeal, and evidence of the service shall be filed in the Registry of the Federal Court of Appeal. �� C. 8 Courts Administ 1990, c. 8, s. 8 35. (1) The portion of subsection 28(1) of the Act before paragraph (a) is replaced by the following: Judicial review 28. (1) The Federal Court of Appeal has jurisdiction to hear and determine applications for judicial review made in respect of any of the following federal boards, commissions or other tribunals: (2) Paragraph 28(1)(l) of the Act is repealed. 1990, c. 8, s. 8 (3) Subsections 28(2) and (3) of the Act are replaced by the following: Sections apply (2) Sections 18 to 18.5, except subsection 18.4(2), apply, with any modifications that the circumstances require, in respect of any matter within the jurisdiction of the Federal Court of Appeal under subsection (1) and, when they apply, a reference to the Federal Court shall be read as a reference to the Federal Court of Appeal. Federal Court deprived of jurisdiction (3) If the Federal Court of Appeal has jurisdiction to hear and determine a matter, the Federal Court has no jurisdiction to entertain any proceeding in respect of that matter. 1990, c. 8, s. 9 36. (1) Subsection 36(1) of the Act is replaced by the following: Prejudgment interest — cause of action within province 36. (1) Except as otherwise provided in any other Act of Parliament, and subject to subsection (2), the laws relating to prejudgment interest in proceedings between subject and subject that are in force in a province apply to any proceedings in the Federal Court of Appeal or the Federal Court in respect of any cause of action arising in that province. 1990, c. 8, s. 9 (2) The portion of subsection 36(2) of the Act before paragraph (a) is replaced by the following: Prejudgment interest — cause of action outside province (2) A person who is entitled to an order for the payment of money in respect of a cause of action arising outside a province or in respect of causes of action arising in more than one province is entitled to claim and have included in the order an award of interest on the payment at any rate that the Federal Court of Appeal or the Federal Court considers reasonable in the circumstances, calculated 2001-2002 1990, c. 8, s. 9 Service administratif de (3) Paragraph 36(4)(d) of the Act is replaced by the following: (d) on that part of the order that represents pecuniary loss arising after the date of the order and that is identified by a finding of the Federal Court of Appeal or the Federal Court; 1990, c. 8, s. 9 (4) Subsection 36(5) of the Act is replaced by the following: Judicial discretion (5) The Federal Court of Appeal or the Federal Court may, if it considers it just to do so, having regard to changes in market interest rates, the conduct of the proceedings or any other relevant consideration, disallow interest or allow interest for a period other than that provided for in subsection (2) in respect of the whole or any part of the amount on which interest is payable under this section. 1990, c. 8, s. 9 37. Section 37 of the Act is replaced by the following: Judgment interest — causes of action within province 37. (1) Except as otherwise provided in any other Act of Parliament and subject to subsection (2), the laws relating to interest on judgments in causes of action between subject and subject that are in force in a province apply to judgments of the Federal Court of Appeal or the Federal Court in respect of any cause of action arising in that province. Judgment interest — causes of action outside or in more than one province (2) A judgment of the Federal Court of Appeal or the Federal Court in respect of a cause of action arising outside a province or in respect of causes of action arising in more than one province bears interest at the rate that court considers reasonable in the circumstances, calculated from the time of the giving of the judgment. 38. (1) Subsection 39(1) of the Act is replaced by the following: Prescription and limitation on proceedings 39. (1) Except as expressly provided by any other Act, the laws relating to prescription and the limitation of actions in force in a province between subject and subject apply to any proceedings in the Federal Court of Appeal or the Federal Court in respect of any cause of action arising in that province. �� C. 8 Courts Administ (2) Subsection 39(2) of the English version of the Act is replaced by the following: Prescription and limitation on proceedings in the Court, not in province (2) A proceeding in the Federal Court of Appeal or the Federal Court in respect of a cause of action arising otherwise than in a province shall be taken within six years after the cause of action arose. 1990, c. 8, s. 11 39. Section 40 of the Act is replaced by the following: Vexatious proceedings 40. (1) If the Federal Court of Appeal or the Federal Court is satisfied, on application, that a person has persistently instituted vexatious proceedings or has conducted a proceeding in a vexatious manner, it may order that no further proceedings be instituted by the person in that court or that a proceeding previously instituted by the person in that court not be continued, except by leave of that court. Attorney General of Canada (2) An application under subsection (1) may be made only with the consent of the Attorney General of Canada, who is entitled to be heard on the application and on any application made under subsection (3). Application for rescission or leave to proceed (3) A person against whom a court has made an order under subsection (1) may apply to the court for rescission of the order or for leave to institute or continue a proceeding. Court may grant leave (4) If an application is made to a court under subsection (3) for leave to institute or continue a proceeding, the court may grant leave if it is satisfied that the proceeding is not an abuse of process and that there are reasonable grounds for the proceeding. No appeal (5) A decision of the court under subsection (4) is final and is not subject to appeal. 40. (1) Subsections 43(1) to (3) of the Act are replaced by the following: 2001-2002 Service administratif de Jurisdiction in personam 43. (1) Subject to subsection (4), the jurisdiction conferred on the Federal Court by section 22 may in all cases be exercised in personam. Jurisdiction in rem (2) Subject to subsection (3), the jurisdiction conferred on the Federal Court by section 22 may be exercised in rem against the ship, aircraft or other property that is the subject of the action, or against any proceeds from its sale that have been paid into court. Exception (3) Despite subsection (2), the jurisdiction conferred on the Federal Court by section 22 shall not be exercised in rem with respect to a claim mentioned in paragraph 22(2)(e), (f), (g), (h), (i), (k), (m), (n), (p) or (r) unless, at the time of the commencement of the action, the ship, aircraft or other property that is the subject of the action is beneficially owned by the person who was the beneficial owner at the time when the cause of action arose. (2) Paragraph 43(4)(c) of the Act is replaced by the following: (c) the parties have agreed that the Federal Court is to have jurisdiction. (3) Subsection 43(5) of the Act is replaced by the following: Exception (5) Subsection (4) does not apply to a counter-claim or an action for a collision, in respect of which another action has already been commenced in the Federal Court. 1990, c. 8, s. 12 (4) Subsections 43(8) and (9) of the Act are replaced by the following: Arrest (8) The jurisdiction conferred on the Federal Court by section 22 may be exercised in rem against any ship that, at the time the action is brought, is beneficially owned by the person who is the owner of the ship that is the subject of the action. Reciprocal security (9) In an action for a collision in which a ship, an aircraft or other property of a defendant has been arrested, or security has been given to answer judgment against the defendant, and in which the defendant has instituted a cross-action or counter-claim in which a ship, an aircraft or other property of the plaintiff is liable to arrest but cannot be arrested, the Federal Court may stay the proceedings in the principal action until �� C. 8 Courts Administ security has been given to answer judgment in the cross-action or counter-claim. 41. Section 44 of the Act is replaced by the following: Mandamus, injunction, specific performance or appointment of receiver 44. In addition to any other relief that the Federal Court of Appeal or the Federal Court may grant or award, a mandamus, an injunction or an order for specific performance may be granted or a receiver appointed by that court in all cases in which it appears to the court to be just or convenient to do so. The order may be made either unconditionally or on any terms and conditions that the court considers just. 42. Section 45 of the Act is replaced by the following: Giving of judgment after judge ceases to hold office 45. (1) A judge of the Federal Court of Appeal or the Federal Court who resigns or is appointed to another court or otherwise ceases to hold office may, at the request of the Chief Justice of that court, at any time within eight weeks after that event, give judgment in any cause, action or matter previously tried by or heard before the judge as if he or she had continued in office. Taking part in giving of judgment after judge of Federal Court of Appeal ceases to hold office (2) If a judge of the Federal Court of Appeal who resigns or is appointed to another court or otherwise ceases to hold office has heard a cause, an action or a matter in the Federal Court of Appeal jointly with other judges of that court, the judge may, at the request of the Chief Justice of the Federal Court of Appeal, at any time within eight weeks after the resignation, appointment or other ceasing to hold office, take part in the giving of judgment by that court as if he or she had continued in office. If judge unable to take part in giving of judgment (3) If a person to whom subsection (2) applies or any other judge by whom a matter in the Federal Court of Appeal has been heard is unable to take part in the giving of judgment or has died, the remaining judges may give judgment and, for that purpose, are deemed to constitute the Federal Court of Appeal. 1990, c. 8, s. 13 43. (1) Paragraphs 45.1(1)(a) to (c) of the Act are replaced by the following: (a) the Chief Justice of the Federal Court of Appeal and the Chief Justice of the Federal Court; 2001-2002 Service administratif de (b) three judges designated by the Chief Justice of the Federal Court of Appeal and five judges designated by the Chief Justice of the Federal Court; (b.1) the Chief Administrator of the Courts Administration Service; (c) five members of the bar of any province designated by the Attorney General of Canada, after consultation with the Chief Justice of the Federal Court of Appeal and the Chief Justice of the Federal Court; and 1990, c. 8, s. 13 (2) Subsections 45.1(2) and (3) of the Act are replaced by the following: Representation (2) The persons referred to in paragraph (1)(c) should be representative of the different regions of Canada and have experience in fields of law in respect of which the Federal Court of Appeal and the Federal Court have jurisdiction. Chief Justice shall preside (3) The Chief Justice of the Federal Court of Appeal or a member designated by the Chief Justice shall preside over the rules committee. 44. (1) The portion of paragraph 46(1)(a) of the Act before subparagraph (i) is replaced by the following: (a) for regulating the practice and procedure in the Federal Court of Appeal and in the Federal Court, including, without restricting the generality of the foregoing, (2) Subparagraph 46(1)(a)(v) of the Act is replaced by the following: (v) rules governing the taking of evidence before a judge or any other qualified person, in or outside Canada, before or during trial and on commission or otherwise, of any person at a time either before or after the commencement of proceedings in the Federal Court of Appeal or the Federal Court to enforce the claim or possible claim in respect of which the evidence is required, 1990, c. 8, s. 14(2) (3) Subparagraph 46(1)(a)(x) of the Act is replaced by the following: (x) rules governing the material to be furnished to the Federal Court of Appeal or the Federal Court by the Tax Court of Canada or any federal board, commis�� C. 8 Courts Administ sion or other tribunal, for the purposes of any appeal, application or reference; (4) Paragraphs 46(1)(c) and (d) of the Act are replaced by the following: (c) for the effectual execution and working of any Act by or under which jurisdiction is conferred on the Federal Court of Appeal or the Federal Court or on any judge of either court in respect of proceedings in that court and the attainment of the intention and objects of that Act; (d) for fixing the fees to be paid by a party to the Registry of the Federal Court of Appeal and of the Federal Court for payment into the Consolidated Revenue Fund in respect of proceedings in those courts; (5) Paragraph 46(1)(e) of the English version of the Act is replaced by the following: (e) for regulating the duties of officers of the Federal Court of Appeal or the Federal Court; (6) Paragraph 46(1)(g) of the English version of the Act is replaced by the following: (g) for awarding and regulating costs in the Federal Court of Appeal or the Federal Court in favour of or against the Crown, as well as the subject; (7) Paragraphs 46(1)(h) and (i) of the Act are replaced by the following: (h) empowering a prothonotary to exercise any authority or jurisdiction, subject to supervision by the Federal Court, even though the authority or jurisdiction may be of a judicial nature; (i) permitting a judge or prothonotary to vary a rule or to dispense with compliance with a rule in special circumstances; (j) despite subsection 28(3), providing for the enforcement of orders of the Federal Court of Appeal in the Federal Court; (k) designating an act or omission of a person to be in contempt of court, respecting the procedure to be followed in proceedings for contempt and establishing penalties for a finding of contempt; and 2001-2002 Service administratif de (l) dealing with any other matter that any provision of this Act contemplates being the subject of a rule or the Rules. 45. Sections 48 and 49 of the Act are replaced by the following: How proceeding against Crown instituted 48. (1) A proceeding against the Crown shall be instituted by filing in the Registry of the Federal Court the original and two copies of a document that may be in the form set out in the schedule and by payment of the sum of $2 as a filing fee. Procedure for filing originating document (2) The original and two copies of the originating document may be filed as required by subsection (1) by being forwarded, together with a remittance for the filing fee, by registered mail addressed to ‘‘The Registry, The Federal Court, Ottawa, Canada’’. No juries 49. All causes or matters before the Federal Court of Appeal or the Federal Court shall be heard and determined without a jury. 46. (1) The portion of subsection 50(1) of the Act before paragraph (a) is replaced by the following: Stay of proceedings authorized 50. (1) The Federal Court of Appeal or the Federal Court may, in its discretion, stay proceedings in any cause or matter (2) Subsections 50(2) and (3) of the Act are replaced by the following: Stay of proceedings required (2) The Federal Court of Appeal or the Federal Court shall, on application of the Attorney General of Canada, stay proceedings in any cause or matter in respect of a claim against the Crown if it appears that the claimant has an action or a proceeding in respect of the same claim pending in another court against a person who, at the time when the cause of action alleged in the action or proceeding arose, was, in respect of that matter, acting so as to engage the liability of the Crown. �� C. 8 Courts Administ Lifting of stay (3) A court that orders a stay under this section may subsequently, in its discretion, lift the stay. 1990, c. 8, s. 16 47. (1) Subsection 50.1(1) of the Act is replaced by the following: Stay of proceedings 50.1 (1) The Federal Court shall, on application of the Attorney General of Canada, stay proceedings in any cause or matter in respect of a claim against the Crown where the Crown desires to institute a counter-claim or third-party proceedings in respect of which the Federal Court lacks jurisdiction. 1990, c. 8, s. 16 (2) Subsection 50.1(2) of the English version of the Act is replaced by the following: Recommence in provincial court (2) If the Federal Court stays proceedings under subsection (1), the party who instituted them may recommence the proceedings in a court constituted or established by or under a law of a province and otherwise having jurisdiction with respect to the subject-matter of the proceedings. 1990, c. 8, s. 16 (3) Subsection 50.1(3) of the Act is replaced by the following: Prescription and limitation of actions (3) If proceedings are recommenced under subsection (2) within 100 days after the proceedings are stayed in the Federal Court, the claim against the Crown in the recommenced proceedings is deemed, for the purposes of any laws relating to prescription and the limitation of actions, to have been instituted on the day the proceedings in the Federal Court were instituted. 48. Section 51 of the Act is replaced by the following: Reasons for judgment to be filed 51. If a judge gives reasons for a judgment pronounced by the judge or pronounced by a court of which the judge was a member, the judge shall file a copy of the reasons in the Registry of the court. 49. The heading before section 52 of the Act is replaced by the following: 2001-2002 Service administratif de JUDGMENTS OF FEDERAL COURT OF APPEAL 50. The portion of section 52 of the Act before subparagraph (c)(i) is replaced by the following: Powers of Federal Court of Appeal 52. The Federal Court of Appeal may (a) quash proceedings in cases brought before it in which it has no jurisdiction or whenever those proceedings are not taken in good faith; (b) in the case of an appeal from the Federal Court, (i) dismiss the appeal or give the judgment and award the process or other proceedings that the Federal Court should have given or awarded, (ii) in its discretion, order a new trial if the ends of justice seem to require it, or (iii) make a declaration as to the conclusions that the Federal Court should have reached on the issues decided by it and refer the matter back for a continuance of the trial on the issues that remain to be determined in light of that declaration; and (c) in the case of an appeal other than an appeal from the Federal Court, 51. Sections 53 and 54 of the Act are replaced by the following: Taking of evidence 53. (1) The evidence of any witness may by order of the Federal Court of Appeal or the Federal Court be taken, subject to any rule or order that may relate to the matter, on commission, on examination or by affidavit. Admissibility of evidence (2) Evidence that would not otherwise be admissible is admissible, in the discretion of the Federal Court of Appeal or the Federal Court and subject to any rule that may relate to the matter, if it would be admissible in a similar matter in a superior court of a province in accordance with the law in force in any province, even though it is not admissible under section 40 of the Canada Evidence Act. �� C. 8 Courts Administ Who may administer oath, affidavit or affirmation 54. (1) All persons authorized to take and receive affidavits to be used in any of the superior courts of a province may administer oaths and take and receive affidavits, declarations and solemn affirmations to be used in the Federal Court of Appeal or the Federal Court. Person empowered by commission (2) The Governor in Council may, by commission, empower any person who the Governor in Council thinks necessary, in or outside Canada, to administer oaths and to take and receive affidavits, declarations and solemn affirmations in or concerning any proceeding had or to be had in the Federal Court of Appeal or the Federal Court. Oath, affidavit or affirmation is valid (3) Every oath, affidavit, declaration or solemn affirmation taken or made under this section is as valid and of the same effect, to all intents, as if it had been administered, taken, sworn, made or affirmed before the Federal Court of Appeal or the Federal Court. Style of commissioner (4) Every commissioner empowered under subsection (2) shall be styled a commissioner for administering oaths in the Federal Court of Appeal and the Federal Court. 1996, c. 31, s. 83 52. (1) Subsection 55(1) of the Act is replaced by the following: Application of process 55. (1) The process of the Federal Court of Appeal and of the Federal Court runs throughout Canada and any other place to which legislation enacted by Parliament has been made applicable. (2) Subsections 55(4) and (5) of the Act are replaced by the following: Sheriff to execute process (4) A sheriff or marshal shall execute the process of the Federal Court of Appeal or the Federal Court that is directed to the sheriff or marshal, whether or not it requires the sheriff or marshal to act outside their geographical jurisdiction, and shall perform all other duties expressly or impliedly assigned to the sheriff or marshal by the Rules. Federal Court process if absence or incapacity of sheriff (5) If there is no sheriff or marshal or a sheriff or marshal is unable or unwilling to act, the process of the Federal Court shall be directed to a deputy sheriff or deputy marshal, or to any other person provided for by the Rules or by a special order of that court made 2001-2002 Service administratif de for a particular case, and that person is entitled to take and retain for their own use the fees provided for by the Rules or the special order. Federal Court of Appeal process if absence or incapacity of sheriff (6) If there is no sheriff or marshal or a sheriff or marshal is unable or unwilling to act, the process of the Federal Court of Appeal shall be directed to a deputy sheriff or deputy marshal, or to any other person provided for by the Rules or by a special order of that court made for a particular case, and that person is entitled to take and retain for their own use the fees provided for by the Rules or the special order. 53. (1) Subsections 56(1) and (2) of the Act are replaced by the following: Analogy to provincial process 56. (1) In addition to any writs of execution or other process that are prescribed by the Rules for enforcement of its judgments or orders, the Federal Court of Appeal or the Federal Court may issue process against the person or the property of any party, of the same tenor and effect as those that may be issued out of any of the superior courts of the province in which a judgment or an order is to be executed, and if, by the law of that province, an order of a judge is required for the issue of a process, a judge of that court may make a similar order with respect to like process to issue out of that court. Process against person (2) No person shall be taken into custody under process of execution for debt issued out of the Federal Court of Appeal or the Federal Court. (2) Subsection 56(3) of the English version of the Act is replaced by the following: Process against property (3) All writs of execution or other process against property, whether prescribed by the Rules or authorized by subsection (1), shall (a) unless otherwise provided by the Rules, be executed, with respect to the property liable to execution and the mode of seizure and sale, as nearly as possible in the same manner as similar writs or process that are issued out of the superior courts of the province in which the property to be seized �� C. 8 Courts Administ is situated are, by the law of that province, required to be executed; and (b) bind property in the same manner as similar writs or process issued by the provincial superior courts, and the rights of purchasers under the writs or process are the same as those of purchasers under those similar writs or process. (3) Subsection 56(4) of the Act is replaced by the following: Claim against property seized (4) Every claim made by a person to property seized under a writ of execution or other process issued out of the Federal Court of Appeal or the Federal Court, or to the proceeds of its sale, shall, unless otherwise provided by the Rules, be heard and disposed of as nearly as may be according to the procedure applicable to like claims to property seized under similar writs or process issued out of the courts of the provinces. 1990, c. 8, s. 19 54. (1) Subsections 57(1) and (2) of the Act are replaced by the following: Constitutional questions 57. (1) If the constitutional validity, applicability or operability of an Act of Parliament or of the legislature of a province, or of regulations made under such an Act, is in question before the Federal Court of Appeal or the Federal Court or a federal board, commission or other tribunal, other than a service tribunal within the meaning of the National Defence Act, the Act or regulation shall not be judged to be invalid, inapplicable or inoperable unless notice has been served on the Attorney General of Canada and the attorney general of each province in accordance with subsection (2). Time of notice (2) The notice must be served at least 10 days before the day on which the constitutional question is to be argued, unless the Federal Court of Appeal or the Federal Court or the federal board, commission or other tribunal, as the case may be, orders otherwise. 1990, c. 8, s. 19 (2) Subsection 57(3) of the English version of the Act is replaced by the following: 2001-2002 Service administratif de Notice of appeal or application for judicial review (3) The Attorney General of Canada and the attorney general of each province are entitled to notice of any appeal or application for judicial review made in respect of the constitutional question. 1990, c. 8, s. 19 (3) Subsection 57(4) of the Act is replaced by the following: Right to be heard (4) The Attorney General of Canada and the attorney general of each province are entitled to adduce evidence and make submissions to the Federal Court of Appeal or the Federal Court or the federal board, commission or other tribunal, as the case may be, in respect of the constitutional question. 1990, c. 8, s. 19 (4) Subsection 57(5) of the English version of the Act is replaced by the following: Appeal (5) If the Attorney General of Canada or the attorney general of a province makes submissions, that attorney general is deemed to be a party to the proceedings for the purpose of any appeal in respect of the constitutional question. 1990, c. 8, s. 19 55. Section 57.1 of the Act is replaced by the following: Fees to be paid to Receiver General 57.1 All fees payable in respect of proceedings in the Federal Court of Appeal or the Federal Court shall be paid to the Receiver General unless they are, in accordance with an arrangement made by the Minister of Justice, to be received and dealt with in the same manner as amounts paid as provincial court fees, in which case they shall be dealt with as so provided. 56. Subsections 58(1) and (2) of the Act are replaced by the following: Law reports editor 58. (1) The Minister of Justice shall appoint or designate a fit and proper person to be editor of the official reports of the decisions of the Federal Court of Appeal and the Federal Court and may appoint a committee of not more than five persons to advise the editor. �� Contents C. 8 Courts Administ (2) The editor shall include in the reports only the decisions or the parts of them that, in the editor’s opinion, are of sufficient significance or importance to warrant publication in the reports. 57. Section 59 of the Act is replaced by the following: Police services 59. Any services or assistance in connection with the conduct of the hearings of the Federal Court of Appeal and of the Federal Court, the security of those courts and their premises and of staff of the Courts Administration Service, or in connection with the execution of orders and judgments of those courts, that may, having regard to the circumstances, be found necessary shall be provided, at the request of the Chief Justice of each of those courts, by the Royal Canadian Mounted Police or any other police force that the Governor in Council may designate. 58. The schedule to the Act is replaced by the schedule set out in the schedule to this Act. R.S., c. T-2 AMENDMENTS TO THE TAX COURT OF CANADA ACT 59. (1) The definitions ‘‘Associate Chief Judge’’ and ‘‘Chief Judge’’ in section 2 of the English version of the Tax Court of Canada Act are repealed. (2) The definition ‘‘judge’’ in section 2 of the English version of the Act is replaced by the following: ‘‘judge’’ « juge » ‘‘judge’’ means a judge of the Court and, unless the context otherwise requires, includes the Chief Justice and Associate Chief Justice; (3) Section 2 of the Act is amended by adding the following in alphabetical order: ‘‘Registry’’ « greffe » ‘‘Registry’’ means a registry established by the Chief Administrator of the Courts Administration Service pursuant to the Courts Administration Service Act for the purposes of this Act. 2001-2002 Service administratif de (4) Section 2 of the English version of the Act is amended by adding the following in alphabetical order: ‘‘Associate Chief Justice’’ « juge en chef adjoint » ‘‘Associate Chief Justice’’ means Associate Chief Justice of the Court; ‘‘Chief Justice’’ « juge en chef » ‘‘Chief Justice’’ means the Chief Justice of the Court; the 60. Section 3 of the Act is replaced by the following: Tax Court of Canada continued 3. The Tax Court of Canada is continued under the name of the Tax Court of Canada as a superior court of record. 61. (1) Paragraphs 4(1)(a) and (b) of the English version of the Act are replaced by the following: (a) a chief justice called the Chief Justice of the Tax Court of Canada; (b) an associate chief justice called the Associate Chief Justice of the Tax Court of Canada; and 1996, c. 22, s. 3 (2) Paragraph 4(3)(a) of the Act is replaced by the following: (a) is or has been a judge of a superior court in Canada; (3) Subsection 4(4) of the Act is replaced by the following: Chief Justice or Associate Chief Justice to be from Quebec (4) Either the Chief Justice or the Associate Chief Justice shall be a person who is or was a member of the bar of the Province of Quebec. 62. (1) Subsections 5(1) and (2) of the English version of the Act are replaced by the following: Chief Justice and Associate Chief Justice to have rank and precedence over all judges 5. (1) The Chief Justice, and after the Chief Justice the Associate Chief Justice, has rank and precedence over all the other judges. �� C. 8 Courts Administ Rank and precedence among other judges (2) The other judges have rank and precedence after the Chief Justice and the Associate Chief Justice and among themselves according to seniority determined by reference to the respective times when they became judges of the Court or members of the Tax Review Board. R.S., c. 51 (4th Supp.), s. 3 (2) Subsection 5(3) of the Act is replaced by the following: Incapacity of Chief Justice, etc. (3) If the office of Chief Justice is vacant, or the Chief Justice is for any reason unable to act, the powers of the Chief Justice shall be exercised and the duties of the Chief Justice shall be performed (a) by the Associate Chief Justice; (b) in the event of the incapacity of the Associate Chief Justice or if the office of Associate Chief Justice is vacant, by a judge designated by the Chief Justice for that purpose; or (c) in the event of the incapacity of the judge referred to in paragraph (b), or if the Chief Justice has not designated a judge under that paragraph, by the senior judge who is in Canada and is able and willing to act and who has not elected to hold office as a supernumerary judge under section 28 of the Judges Act. 63. Subsection 6(2) of the Act is repealed. 64. (1) Subsection 8(1) of the English version of the Act is replaced by the following: Oath of office 8. (1) Every judge shall, before entering on the duties of their office, take an oath that they will duly and faithfully, and to the best of their skill and knowledge, execute the powers and trusts reposed in them as a judge of the Court. (2) Subsection 8(2) of the Act is replaced by the following: How administered (2) The oath referred to in subsection (1) shall be administered to the Chief Justice before the Governor General, and to the other judges by the Chief Justice or, in the absence or incapacity of the Chief Justice, by any other judge. 2001-2002 Service administratif de 1998, c. 19, s. 289 65. (1) Subsection 9(1) of the Act is replaced by the following: Deputy judges of the Court 9. (1) Subject to subsection (3), any judge or former judge of a superior court in Canada or any judge or former judge of any other court who was appointed under an Act of the legislature of a province may, at the request of the Chief Justice made with the approval of the Governor in Council, act as a judge of the Court and while so acting has all the powers of a judge of the Court and shall be referred to as a deputy judge of the Court. (2) Subsection 9(4) of the English version of the Act is replaced by the following: Salary (4) A person who acts as a judge for a period under subsection (1) shall be paid a salary for the period at the rate fixed by the Judges Act for a judge of the Court, other than the Chief Justice or the Associate Chief Justice, less any amount otherwise payable to the person under that Act in respect of the period, and shall also be paid the travel allowances that a judge is entitled to be paid under that Act. 66. Section 11 of the English version of the Act is replaced by the following: Additional office of judge 11. For each of the offices of Chief Justice and Associate Chief Justice, there shall be an additional office of judge that the Chief Justice or Associate Chief Justice, respectively, may elect under the Judges Act to hold. 67. Section 13 of the Act is replaced by the following: Contempt against Court 13. The Court has the power, jurisdiction and authority to deal with and impose punishment for contempt against the Court, whether or not committed in the face of the Court. R.S., c. 51 (4th Supp.), s. 5 68. Subsection 14(2) of the English version of the Act is replaced by the following: Arrangements to be made by Chief Justice (2) Subject to the rules of Court, all arrangements that may be necessary or proper for the transaction of the business of the Court and the assignment from time to time of judges to transact that business shall be made by the Chief Justice. �� C. 8 Courts Administ R.S., c. 51 (4th Supp.), s. 5 69. Section 14.1 of the Act is replaced by the following: Police force 14.1 Any services or assistance in connection with the conduct of the Court’s hearings, the security of the Court and its premises and of staff of the Courts Administration Service that may, having regard to the circumstances, be found necessary shall be provided, at the request of the Chief Justice, by the Royal Canadian Mounted Police or any other police force that the Governor in Council may designate. R.S., c. 51 (4th Supp.), s. 5 70. Section 16 of the English version of the Act is replaced by the following: Giving of judgment after judge ceases to hold office 16. If a judge resigns or is appointed to another court or otherwise ceases to hold office, the judge may, at the request of the Chief Justice, at any time within eight weeks after that event, give judgment in any matter previously tried by or heard before the judge as if he or she had continued in office. R.S., c. 51 (4th Supp.), s. 5 71. Section 17.4 of the Act is replaced by the following: Judgment shall be mailed 17.4 When the Court has rendered its judgment in a proceeding in respect of which this section applies, a copy of the judgment and any written reasons for it shall be sent to each party to the proceeding. R.S., c. 51 (4th Supp.), s. 5 72. Sections 17.6 and 17.7 of the Act are replaced by the following: Appeals to Federal Court of Appeal 17.6 An appeal from a judgment of the Court in a proceeding in respect of which this section applies lies to the Federal Court of Appeal in accordance with section 27 of the Federal Courts Act. Procedure 17.7 A party wishing to appeal to the Federal Court of Appeal from a judgment of the Court in a proceeding in respect of which this section applies shall give notice of appeal to the Registry of the Federal Court of Appeal and all provisions of the Federal Courts Act and the rules made under that Act governing appeals to the Federal Court of Appeal apply, with any modifications that the circumstances require, in respect of the appeal. 2001-2002 Service administratif de R.S., c. 51 (4th Supp.), s. 5 73. Subsection 18.19(1) of the Act is replaced by the following: Notice of hearing 18.19 (1) When the date of a hearing has been fixed, a copy of the notice of hearing shall, not later than thirty days before that date, be sent by registered mail to all parties, or served on all parties. 1993, c. 27, s. 220(2) 74. Subsection 18.22(3) of the Act is replaced by the following: Copy of decision (3) On the disposition of an appeal referred to in section 18, a copy of the decision and written reasons for the decision, if any, shall be forwarded by registered mail to the Minister of National Revenue and to each party to the appeal. R.S., c. 51 (4th Supp.), s. 5 75. Sections 18.24 and 18.25 of the Act are replaced by the following: Final judgment 18.24 An appeal from a judgment of the Court in a proceeding in respect of which this section applies lies to the Federal Court of Appeal in accordance with section 27 of the Federal Courts Act. Costs 18.25 If the Minister of National Revenue appeals a judgment referred to in section 18.24, the reasonable and proper costs of the taxpayer in respect of the appeal shall be paid by Her Majesty in right of Canada. 1990, c. 45, s. 61 76. The portion of section 18.3008 of the Act before paragraph (a) is replaced by the following: Costs on further appeal 18.3008 If a judgment on an appeal referred to in section 18.3001 is appealed by the Minister of National Revenue under section 27 of the Federal Courts Act, the reasonable and proper costs of the appeal under that section of the person who brought the appeal referred to in section 18.3001 shall be borne by Her Majesty in right of Canada if that appeal was an appeal for which 77. The Act is amended by adding the following after section 19: �� C. 8 Courts Administ GENERAL Vexatious proceedings 19.1 (1) If the Court is satisfied, on application, that a person has persistently instituted vexatious proceedings or has conducted a proceeding in a vexatious manner, it may order that no further proceedings be instituted by the person in the Court or that a proceeding previously instituted by the person in the Court not be continued, except by leave of the Court, and may award costs against the person in accordance with the rules of the Court. Attorney General of Canada (2) An application under subsection (1) may be made only with the consent of the Attorney General of Canada, who is entitled to be heard on the application and on any application made under subsection (3). Application for rescission or leave to proceed (3) A person against whom the Court has made an order under subsection (1) may apply to the Court for rescission of the order or for leave to institute or continue a proceeding. Court may grant leave (4) If an application is made to the Court under subsection (3) for leave to institute or continue a proceeding, the Court may grant leave if it is satisfied that the proceeding is not an abuse of process and that there are reasonable grounds for the proceeding. No appeal (5) A decision of the Court under subsection (4) is final and is not subject to appeal. Constitutional questions 19.2 (1) If the constitutional validity, applicability or operability of an Act of Parliament or its regulations is in question before the Court, the Act or regulations shall not be judged to be invalid, inapplicable or inoperable unless notice has been served on the Attorney General of Canada and the attorney general of each province in accordance with subsection (2). Time of notice (2) The notice must be served at least 10 days before the day on which the constitutional question is to be argued, unless the Court orders otherwise. 2001-2002 Service administratif de Notice of appeal (3) The Attorney General of Canada and the attorney general of each province are entitled to notice of any appeal to the Federal Court of Appeal made in respect of the constitutional question. Right to be heard (4) The Attorney General of Canada and the attorney general of each province are entitled to adduce evidence and make submissions to the Court in respect of the constitutional question. Appeal (5) If the Attorney General of Canada or the attorney general of a province makes submissions, that attorney general is deemed to be a party to the proceedings for the purpose of any appeal in respect of the constitutional question. 78. Subsection 20(1.1) of the Act is amended by striking out the word ‘‘and’’ at the end of paragraph (i) and by adding the following after paragraph (j): (k) designating an act or omission of a person to be in contempt of court, respecting the procedure to be followed in proceedings for contempt and establishing penalties for a finding of contempt; and (l) for awarding and regulating costs in the Court against a person who is subject to an order under subsection 19.1(1). R.S., c. 51 (4th Supp.), s. 7 79. (1) Paragraphs 22(1)(a) and (b) of the English version of the Act are replaced by the following: (a) the Chief Justice; (b) the Associate Chief Justice; R.S., c. 51 (4th Supp.), s. 7 (2) Paragraph 22(1)(c) of the Act is replaced by the following: (c) three judges of the Court that are designated from time to time by the Chief Justice; (c.1) the Chief Administrator of the Courts Administration Service; R.S., c. 51 (4th Supp.), s. 7 (3) Subsection 22(2) of the English version of the Act is replaced by the following: �� President C. 8 Courts Administ (2) The Chief Justice or, in the Chief Justice’s absence, the Associate Chief Justice shall preside over the rules committee. 80. Section 23 of the Act is replaced by the following: Designation of Judicial Administrator 23. (1) The Chief Justice may designate an employee of the Courts Administration Service as the Judicial Administrator of the Court. Duties (2) The Judicial Administrator of the Court shall perform any non-judicial work that may be delegated to him or her by the Chief Justice of the Court, in accordance with the instructions given by the Chief Justice, including (a) the making of an order fixing the time and place of a hearing, or adjourning a hearing; and (b) arranging for the distribution of judicial business in the Court. Revocation of designation (3) A designation made under subsection (1) may be revoked at any time and is automatically revoked when the Chief Justice by whom it was made ceases to hold office as Chief Justice. 81. The English version of the Act is amended by replacing the word ‘‘he’’ with the expression ‘‘he or she’’ in the following provisions: (a) subsection 9(2); and (b) subsection 19(2). R.S., c. J-1 AMENDMENTS TO THE JUDGES ACT 1992, c. 51, s. 2(2) 82. The definition ‘‘judge’’ in section 2 of the English version of the Judges Act is replaced by the following: ‘‘judge’’ « juge » ‘‘judge’’ includes a chief justice, senior associate chief justice, associate chief justice, supernumerary judge, senior judge and regional senior judge. 2001, c. 7, s. 2 83. (1) The portion of paragraph 10(a) of the Act before subparagraph (i) is replaced by the following: (a) The Chief Justice of the Federal Court of Appeal 2001, c. 7, s. 2 (2) Paragraph 10(c) of the Act is replaced by the following: 2001-2002 Service administratif de (c) The Chief Justice of the Federal Court (i) for the period beginning April 1, 2000 and ending March 31, 2001, $217,100, (ii) for the period beginning April 1, 2001 and ending March 31, 2002, the amount that ensures that the ratio between the salary of the Chief Justice and the salary for that period of a judge referred to in paragraph (d) remains the same as the ratio between $217,100 and $198,000, (iii) for the period beginning April 1, 2002 and ending March 31, 2003, the amount that ensures that the ratio between the salary of the Chief Justice and the salary for that period of a judge referred to in paragraph (d) remains the same as the ratio between $217,100 and $198,000, and (iv) for the period beginning April 1, 2003 and ending March 31, 2004, the amount that ensures that the ratio between the salary of the Chief Justice and the salary for that period of a judge referred to in paragraph (d) remains the same as the ratio between $217,100 and $198,000; and 2001, c. 7, s. 2 (3) The portion of paragraph 10(d) of the Act before subparagraph (i) is replaced by the following: (d) The other judges of the Federal Court, each 2001, c. 7, s. 3 84. Paragraphs 11(a) and (b) of the English version of the Act are replaced by the following: (a) The Chief Justice (i) for the period beginning April 1, 2000 and ending March 31, 2001, $217,100, (ii) for the period beginning April 1, 2001 and ending March 31, 2002, the amount that ensures that the ratio between the salary of the Chief Justice and the salary for that period of a judge referred to in paragraph (c) remains the same as the ratio between $217,100 and $198,000, (iii) for the period beginning April 1, 2002 and ending March 31, 2003, the �� C. 8 Courts Administ amount that ensures that the ratio between the salary of the Chief Justice and the salary for that period of a judge referred to in paragraph (c) remains the same as the ratio between $217,100 and $198,000, and (iv) for the period beginning April 1, 2003 and ending March 31, 2004, the amount that ensures that the ratio between the salary of the Chief Justice and the salary for that period of a judge referred to in paragraph (c) remains the same as the ratio between $217,100 and $198,000; (b) The Associate Chief Justice (i) for the period beginning April 1, 2000 and ending March 31, 2001, $217,100, (ii) for the period beginning April 1, 2001 and ending March 31, 2002, the amount that ensures that the ratio between the salary of the Associate Chief Justice and the salary for that period of a judge referred to in paragraph (c) remains the same as the ratio between $217,100 and $198,000, (iii) for the period beginning April 1, 2002 and ending March 31, 2003, the amount that ensures that the ratio between the salary of the Associate Chief Justice and the salary for that period of a judge referred to in paragraph (c) remains the same as the ratio between $217,100 and $198,000, and (iv) for the period beginning April 1, 2003 and ending March 31, 2004, the amount that ensures that the ratio between the salary of the Associate Chief Justice and the salary for that period of a judge referred to in paragraph (c) remains the same as the ratio between $217,100 and $198,000; and 2001, c. 7, s. 18 85. Subsection 26.3(3) of the Act is replaced by the following: Determination of costs (3) A prothonotary of the Federal Court shall determine the amount of costs, on a solicitor-and-client basis, as if the assessment of costs were an assessment of costs under 2001-2002 Service administratif de subsection 413(1) of the Federal Court Rules, 1998, with any modifications that the circumstances require. R.S., c. 51 (4th Supp.), s. 14; 1996, c. 30, s. 2(1) 86. (1) Subsections 27(3) to (4) of the Act are replaced by the following: Additional allowance — Federal Courts and Tax Court of Canada (3) There shall be paid to every judge of the Federal Court of Appeal, the Federal Court and the Tax Court of Canada who is in receipt of a salary under this Act, in addition to the allowance provided by subsection (1), a non-accountable yearly allowance of $2,000 as compensation for special incidental expenditures inherent in the exercise of their office as judge. Continuance in force of subsection (3) (4) Subsection (3) shall continue in force for so long as subsection 57(2) continues in force in relation to judges of superior courts in the provinces. 1999, c. 3, s. 73(2); 2000, c. 12, s. 168 (2) Subsection 27(6) of the English version of the Act is replaced by the following: Representational allowance (6) A chief justice, a puisne judge of the Supreme Court of Canada, the Chief Justice of the Court of Appeal of the Yukon Territory, the Chief Justice of the Court of Appeal of the Northwest Territories, the Chief Justice of the Court of Appeal of Nunavut, the senior judge of the Supreme Court of the Yukon Territory, the senior judge of the Supreme Court of the Northwest Territories and the senior judge of the Nunavut Court of Justice are entitled to be paid, as a representational allowance, reasonable travel and other expenses actually incurred by the justice or judge or their spouse or common-law partner in discharging the special extra-judicial obligations and responsibilities that devolve on the justice or judge, to the extent that those expenses may not be reimbursed under any other provision of this Act and their aggregate amount does not exceed in any year the maximum amount indicated in respect of each office in subsection (7). 2001, c. 7, s. 19(2) (3) Paragraphs 27(7)(c) and (d) of the Act are replaced by the following: �� C. 8 Courts Administ (c) The Chief Justice of the Federal Court of Appeal, and each chief justice described in sections 12 to 21 as the chief justice of a province . . . . . . . . . . . . . . . . . . . . $12,500 (d) Each other chief justice referred to in sections 10 to 21 . . . . . . . . . . . . . . $10,000 2001, c. 7, s. 19(2) (4) Paragraph 27(7)(f) of the Act is repealed. (5) The definition ‘‘chief judge’’ in subsection 27(9) of the English version of the Act is repealed. 87. (1) Subsection 28(1) of the Act is replaced by the following: Supernumerary judges of the Federal Court of Appeal, Federal Court and Tax Court of Canada 28. (1) If a judge of the Federal Court of Appeal, the Federal Court or the Tax Court of Canada notifies the Minister of Justice of Canada of the judge’s election to give up regular judicial duties and hold office only as a supernumerary judge, the judge shall, after giving that notice, hold only the office of supernumerary judge of that Court and shall be paid the salary annexed to that office until the judge reaches the age of retirement, resigns or is removed from or otherwise ceases to hold office. (2) Subsection 28(3) of the Act is replaced by the following: Duties of judge (3) A judge who has made the election referred to in subsection (1) shall hold himself or herself available to perform such special judicial duties as may be assigned to the judge (a) by the Chief Justice of the Federal Court of Appeal, if the judge is a member of the Federal Court of Appeal; (b) by the Chief Justice of the Federal Court, if the judge is a member of the Federal Court; or (c) by the Chief Justice or the Associate Chief Justice of the Tax Court of Canada, if the judge is a judge of that Court. (3) Subsection 28(4) of the English version of the Act is replaced by the following: Salary of supernumerary judge (4) The salary of each supernumerary judge of the Federal Court of Appeal, the Federal Court or the Tax Court of Canada is the salary annexed to the office of a judge of that Court, 2001-2002 Service administratif de other than the office of a Chief Justice or Associate Chief Justice. 88. (1) Subsection 29(1) of the English version of the Act is replaced by the following: Supernumerary judges of provincial superior courts 29. (1) Where the legislature of a province has enacted legislation establishing for each office of judge of a superior court or courts of the province the additional office of supernumerary judge of the court or courts and a judge of such a court has notified the Minister of Justice of Canada and the attorney general of the province of his or her election to give up regular judicial duties and hold office only as a supernumerary judge, the judge shall thereupon hold only the office of supernumerary judge of that court and shall be paid the salary annexed to that office until he or she reaches the age of retirement, resigns or is removed from or otherwise ceases to hold office. (2) The portion of subsection 29(3) of the English version of the Act before paragraph (a) is replaced by the following: Duties of judge (3) A judge who has made the election referred to in subsection (1) shall hold himself or herself available to perform such special judicial duties as may be assigned to the judge 89. The heading before section 31 of the English version of the Act is replaced by the following: Chief Justice Continuing as Judge 90. (1) Subsections 31(1) and (2) of the Act are replaced by the following: Election of Chief or Associate Chief to change to duties of judge only 31. (1) If the Chief Justice of the Federal Court of Appeal, the Chief Justice of the Federal Court or the Chief Justice or Associate Chief Justice of the Tax Court of Canada notifies the Minister of Justice of Canada of his or her election to cease to perform the duties of that office and to perform only the duties of a judge, he or she shall, after giving that notice, hold only the office of a judge of the Federal Court of Appeal, the Federal Court or the Tax Court of Canada, as the case may be, and shall be paid the salary annexed to the office of a judge of that Court, until he or she reaches the age of retirement, resigns or is �� C. 8 Courts Administ removed from or otherwise ceases to hold office. Restriction on election (2) The Chief Justice of the Federal Court of Appeal, the Chief Justice of the Federal Court or the Chief Justice or Associate Chief Justice of the Tax Court of Canada may make the election referred to in subsection (1) only if he or she has continued in the office for at least five years or has continued in the office and another office referred to in this subsection for a total of at least five years. (2) Subsections 31(3) and (4) of the English version of the Act are replaced by the following: Duties of judge (3) The Chief Justice of the Federal Court of Appeal, the Chief Justice of the Federal Court or the Chief Justice or Associate Chief Justice of the Tax Court of Canada who has made the election referred to in subsection (1) shall perform all of the judicial duties normally performed by a judge of that Court. Salary of judge (4) The salary of the Chief Justice of the Federal Court of Appeal, the Chief Justice of the Federal Court or the Chief Justice or Associate Chief Justice of the Tax Court of Canada who has made the election referred to in subsection (1) is the salary annexed to the office of judge (other than the Chief Justice) of the Federal Court of Appeal, judge (other than the Chief Justice) of the Federal Court or judge (other than the Chief Justice or the Associate Chief Justice) of the Tax Court of Canada, as the case may be. 91. Subsection 32(1) of the English version of the Act is replaced by the following: Election to cease to perform duties of chief justice of provincial superior court 32. (1) Where the legislature of a province has enacted legislation establishing for each office of chief justice of a superior court of the province such additional offices of judge of that court as are required for the purposes of this section, and a chief justice of that court has notified the Minister of Justice of Canada and the attorney general of the province of his or her election to cease to perform the duties of chief justice and to perform only the duties of a judge, the chief justice shall thereupon hold only the office of a judge, other than a 2001-2002 Service administratif de chief justice, of that court and shall be paid the salary annexed to the office of a judge, other than a chief justice, of that court until he or she reaches the age of retirement, resigns or is removed from or otherwise ceases to hold office. 1992, c. 51, s. 12 92. Subsection 34(1) of the Act is replaced by the following: Superior courts 34. (1) Subject to this section and sections 36 to 39, a judge of a superior court who, for the purposes of performing any function or duty in that capacity, attends at any place other than that at which or in the immediate vicinity of which the judge is by law obliged to reside is entitled to be paid, as a travel allowance, moving or transportation expenses and the reasonable travel and other expenses incurred by the judge in so attending. 1992, c. 51, s. 16 93. (1) Paragraph 40(1)(a) of the Act is replaced by the following: (a) a person who is appointed a judge of a superior court and who, for the purposes of assuming the functions and duties of that office, is required to move from his or her place of residence to a place outside the immediate vicinity of the place where the person resided at the time of the appointment; 1989, c. 8, s. 11(1); 2000, c. 12, s. 160(2) (2) Paragraphs 40(1)(e) and (f) of the Act are replaced by the following: (e) a judge of the Supreme Court of Canada, the Federal Court of Appeal, the Federal Court or the Tax Court of Canada who, within two years after retiring or resigning from that office, moves to a place of residence in Canada outside the area within which the judge was required to reside by the Act establishing that Court; and (f) a survivor or child, as defined in subsection 47(1), of a judge of the Supreme Court of Canada, the Federal Court of Appeal, the Federal Court or the Tax Court of Canada who dies while holding office as such, if the survivor or child lives with the judge at the time of the judge’s death and, within two years after the death, moves to a place of residence in Canada outside the �� C. 8 Courts Administ area within which the judge was required to reside by the Act establishing that Court. 1989, c. 8, s. 11(2) (3) Subsection 40(1.2) of the Act is replaced by the following: Limitation (1.2) Paragraphs (1)(e) and (f) apply only in respect of a judge who, at the time of appointment to the Supreme Court of Canada, the Federal Court of Appeal, the Federal Court or the Tax Court of Canada, as the case may be, resided outside the area within which the judge was required to reside by the Act establishing that Court. 1992, c. 51, s. 17(1) 94. (1) Subsection 41(1) of the Act is replaced by the following: Meeting, conference and seminar expenses 41. (1) A judge of a superior court who attends a meeting, conference or seminar that is held for a purpose relating to the administration of justice and that the judge in the capacity of a judge is required by law to attend, or who, with the approval of the chief justice of that court, attends any such meeting, conference or seminar that the judge in that capacity is expressly authorized by law to attend, is entitled to be paid, as a conference allowance, reasonable travel and other expenses actually incurred by the judge in so attending. 1992, c. 51, s. 17(2) (2) The portion of subsection 41(2) of the Act before paragraph (b) is replaced by the following: Expenses for other meetings, conferences or seminars (2) Subject to subsection (3), a judge of a superior court who, with the approval of the chief justice of that court, (a) attends a meeting, conference or seminar that the judge in the capacity of a judge is not expressly authorized by law or is not required by law to attend but that is certified by the chief justice to be a meeting, conference or seminar having as its object or as one of its objects the promotion of efficiency or uniformity in the superior courts, or the improvement of the quality of judicial service in those courts, or 2001-2002 1992, c. 51, s. 17(3) Service administratif de (3) Paragraph 41(3)(b) of the Act is replaced by the following: (b) to the judges of any other particular superior court exceeds the greater of $5,000 and the product obtained by multiplying the number of judges of that court by $500, (4) The definition ‘‘chief justice’’ or ‘‘chief judge’’ in subsection 41(4) of the English version of the Act is replaced by the following: ‘‘chief justice’’ « juge en chef » ‘‘chief justice’’ of any court of which a particular judge is a member means the chief justice or other person recognized by law as having rank or status senior to all other members of, or having the supervision of, that court, but if that court is constituted with divisions, then it means the person having that rank or status in relation to all other members of the division of which the particular judge is a member; 1998, c. 30, s. 7 95. (1) Subsection 42(1) of the English version of the Act is replaced by the following: Grant of annuities 42. (1) The Governor in Council shall grant to (a) a judge who has continued in judicial office for at least fifteen years, whose combined age and number of years in judicial office is not less than eighty and who resigns from office, (b) a judge who has continued in judicial office for at least fifteen years and resigns his or her office, if in the opinion of the Governor in Council the resignation is conducive to the better administration of justice or is in the national interest, (c) a judge who has become afflicted with a permanent infirmity disabling him or her from the due execution of the office of judge and resigns his or her office or by reason of that infirmity is removed from office, (d) a judge who has attained the age of retirement and has held judicial office for at least ten years, or �� C. 8 Courts Administ (e) a judge of the Supreme Court of Canada who has continued in judicial office on that Court for at least ten years, has attained the age of sixty-five years and resigns from office, an annuity equal to two-thirds of the salary annexed to the office held by the judge at the time of his or her resignation, removal or attaining the age of retirement, as the case may be. (2) Subsection 42(4) of the Act is replaced by the following: Definition of ‘‘judicial office’’ (4) In this section, ‘‘judicial office’’ means the office of a judge of a superior or county court. (3) Subsection 42(4) of the Act, as enacted by section 18 of the Nova Scotia Courts Amendment Act, 1992, chapter 51 of the Statutes of Canada, 1992, is replaced by the following: Definition of ‘‘judicial office’’ (4) In this section, ‘‘judicial office’’ means the office of a judge of a superior court. 96. (1) Subsection 43(1) of the English version of the Act is replaced by the following: Annuity payable to supernumerary judge 43. (1) If a supernumerary judge, before becoming a supernumerary judge, held the office of chief justice, senior associate chief justice or associate chief justice, the annuity payable to the judge under section 42 is an annuity equal to two thirds of the salary annexed, at the time of his or her resignation, removal or attaining the age of retirement, to the office previously held by him or her of chief justice, senior associate chief justice or associate chief justice. (2) Subsection 43(2) of the Act is replaced by the following: Annuity payable to judge who elected under section 31 or 32 (2) If the Chief Justice of the Federal Court of Appeal or of the Federal Court or the Chief Justice or Associate Chief Justice of the Tax Court of Canada, in accordance with section 31, or a chief justice of a superior court of a province, in accordance with section 32, has elected to cease to perform his or her duties as such and to perform only the duties of a judge, 2001-2002 Service administratif de the annuity payable to him or her under section 42 is an annuity equal to two thirds of the salary annexed, at the time of his or her resignation, removal or attaining the age of retirement, to the office held by him or her immediately before his or her election. 1992, c. 51, s. 20; 2000, c. 12, par. 169(a) 97. (1) The portion of subsection 44(1) of the Act before paragraph (a) is replaced by the following: Annuity to surviving spouse 44. (1) Subject to this section, if, after July 10, 1955, a judge of a superior court died or dies while holding office, the Governor in Council shall grant to the survivor of the judge an annuity equal to one third of (2) Paragraph 44(1)(b) of the English version of the Act is replaced by the following: (b) the salary annexed, at the date of death, to the office previously held by the judge of chief justice, senior associate chief justice or associate chief justice, if either subsection 43(1) or (2) would have applied to the judge if he or she had resigned, been removed or attained the age of retirement, on the day of death, 98. (1) Subsection 47(3) of the Act is replaced by the following: Annuity to surviving children (3) If a judge of a superior or county court dies while holding office, or a judge who was granted an annuity after October 5, 1971 dies, an annuity shall be granted to each surviving child of that judge as provided in subsections (4) to (6). (2) Subsection 47(3) of the Act, as enacted by section 22 of the Nova Scotia Courts Amendment Act, 1992, chapter 51 of the Statutes of Canada, 1992, is replaced by the following: Annuity to surviving children (3) If a judge of a superior court dies while holding office, or a judge who was granted an annuity after October 5, 1971 dies, an annuity shall be granted to each surviving child of that judge as provided in subsections (4) to (6). �� C. 8 Courts Administ 2001, c. 7, s. 25 99. Subsection 50(2.1) of the Act is replaced by the following: Reduction of contributions (2.1) A supernumerary judge, a judge who continues in judicial office after having been in judicial office for at least fifteen years and whose combined age and number of years in judicial office is not less than eighty, a judge of the Supreme Court of Canada who continues in judicial office after having held office in that Court for at least ten years and having attained the age of sixty-five years, or a judge referred to in section 41.1 is not required, on or after April 1, 2000, to contribute under subsections (1) and (2) but is required to contribute, by reservation from salary, to the Supplementary Retirement Benefits Account, in respect of the period beginning on that day, at a rate of one per cent of his or her salary. 100. Subsection 51(1) of the English version of the Act is replaced by the following: Return of contributions where no annuity 51. (1) If a judge has ceased to hold office otherwise than by reason of death and, at the time he or she ceased to hold office, no annuity under this Act was granted or could be granted to that judge, there shall thereupon be paid to the judge, in respect of his or her having ceased to hold that office, an amount equal to the total contributions made by him or her under subsection 50(1) or paragraph 50(2)(a), together with interest, if any, calculated pursuant to subsection (4). 1996, c. 30, s. 4(1) 101. (1) The portion of subsection 54(1) of the Act before paragraph (b) is replaced by the following: Leave of absence 54. (1) No judge of a superior court shall be granted leave of absence from his or her judicial duties for a period (a) of six months or less, except with the approval of the chief justice or senior judge of the superior court; or 1992, c. 51, s. 24; 1996, c. 30, s. 4(1) (2) Subsections 54(1.1) to (3) of the Act are replaced by the following: 2001-2002 Service administratif de Notification of leave by chief justice, etc. (1.1) Whenever a leave of absence is granted under paragraph (1)(a), the chief justice or senior judge of the superior court shall, without delay, notify the Minister of Justice of Canada and, in the case of provincial or territorial courts, the minister of justice or the attorney general of the province or territory. Notification of leave by Minister of Justice of Canada (1.2) Whenever a leave of absence is granted under paragraph (1)(b), the Minister of Justice of Canada shall, without delay, notify the chief justice or senior judge of the superior court and, in the case of provincial or territorial courts, the minister of justice or the attorney general of the province or territory. Report by chief justice, etc., of absence (2) If it appears to the chief justice or senior judge of a superior court that a judge of the court is absent from the judge’s judicial duties without the approval required by subsection (1), the chief justice or senior judge, as the case may be, shall report the absence to the Minister of Justice of Canada. Absentee judge to report (3) Whenever a judge of a superior court is absent from the judge’s judicial duties for a period of more than 30 days, the judge shall report the absence and the reasons for it to the Minister of Justice of Canada. 102. Section 55 of the English version of the Act is replaced by the following: Judicial duties exclusively 55. No judge shall, either directly or indirectly, for himself or herself or others, engage in any occupation or business other than his or her judicial duties, but every judge shall devote himself or herself exclusively to those judicial duties. 103. Subsection 57(3) of the English version of the Act is replaced by the following: Expenses excepted (3) In the cases described in subsection (1), a judge may receive his or her moving or transportation expenses and the reasonable travel and other expenses incurred by him or her away from his or her ordinary place of residence while acting in any such capacity or in the performance of any such duty or service, �� C. 8 Courts Administ in the same amount and under the same conditions as if the judge were performing a function or duty as such judge, if those expenses are paid in respect of any matter within the legislative authority of Parliament, by the Government of Canada, and in respect of any matter within the legislative authority of the legislature of a province, by the government of the province. 104. (1) Paragraph 59(1)(e) of the Act is repealed. (2) Subsection 59(4) of the English version of the Act is replaced by the following: Substitute member (4) Each member of the Council may appoint a judge of that member’s court to be a substitute member of the Council and the substitute member shall act as a member of the Council during any period in which he or she is appointed to act, but the Chief Justice of Canada may, in lieu of appointing a member of the Supreme Court of Canada, appoint any former member of that Court to be a substitute member of the Council. 1992, c. 51, s. 26 105. (1) Subsection 60(1) of the Act is replaced by the following: Objects of Council 60. (1) The objects of the Council are to promote efficiency and uniformity, and to improve the quality of judicial service, in superior courts. (2) Paragraph 60(2)(a) of the English version of the Act is replaced by the following: (a) establish conferences of chief justices and associate chief justices; 1992, c. 51, s. 27 106. (1) Subsections 63(1) and (2) of the Act are replaced by the following: Inquiries 63. (1) The Council shall, at the request of the Minister or the attorney general of a province, commence an inquiry as to whether a judge of a superior court should be removed from office for any of the reasons set out in paragraphs 65(2)(a) to (d). 2001-2002 Investigations Service administratif de (2) The Council may investigate any complaint or allegation made in respect of a judge of a superior court. (2) Paragraph 63(4)(a) of the English version of the Act is replaced by the following: (a) power to summon before it any person or witness and to require him or her to give evidence on oath, orally or in writing or on solemn affirmation if the person or witness is entitled to affirm in civil matters, and to produce such documents and evidence as it deems requisite to the full investigation of the matter into which it is inquiring; and 1992, c. 51, s. 28 107. Paragraph 69(1)(a) of the Act is replaced by the following: (a) a judge of a superior court, or 108. Paragraphs 74(1)(b) and (c) of the Act are replaced by the following: (b) prepare budgetary submissions for the requirements of the Council; (c) be responsible for any other administrative arrangements that are necessary to ensure that all reasonable requirements, including those for premises, equipment and other supplies and services and for officers, clerks and employees of the Council for the carrying out of its operations, are provided for in accordance with law; and 109. Section 76 of the Act and the heading before it are repealed. 110. Sections 77 and 78 of the Act are replaced by the following: Appointment 77. The officers, clerks and employees who are required by the Commissioner to carry out the Commissioner’s duties and functions under section 74 shall be appointed under the Public Service Employment Act. Commissioner is deputy head 78. The Commissioner and the officers, clerks and employees appointed under section 77 shall be a portion of the public service of Canada that is separate from the Department of Justice and of which the Commissioner shall be the deputy head. �� C. 8 Courts Administ 111. The English version of the Act is amended by replacing the word ‘‘his’’ with the expression ‘‘his or her’’ in the following provisions: (a) subsection 42(3); (b) subsection 51(2); (c) subsection 53(5); (d) section 64; and (e) paragraph 65(2)(d). RELATED AND CONSEQUENTIAL AMENDMENTS R.S., c. A-1 Access to Information Act 112. Subsection 52(1) of the Access to Information Act is replaced by the following: Applications relating to international affairs or defence 52. (1) An application under section 41 or 42 relating to a record or a part of a record that the head of a government institution has refused to disclose by reason of paragraph 13(1)(a) or (b) or section 15 shall be heard and determined by the Chief Justice of the Federal Court or by any other judge of that Court that the Chief Justice may designate to hear those applications. 113. Subsection 55(2) of the Act is replaced by the following: Salary and expenses (2) The Information Commissioner shall be paid a salary equal to the salary of a judge of the Federal Court, other than the Chief Justice of that Court, and is entitled to be paid reasonable travel and living expenses incurred in the performance of duties under this or any other Act of Parliament. 1997, c. 33 Anti-Personnel Mines Convention Implementation Act 114. Subsection 11(2) of the Anti-Personnel Mines Convention Implementation Act is replaced by the following: Application for court order (2) If a person objects to providing or fails to provide any requested document or information within the specified time, the Minister may apply to a judge of a superior court for an order requiring the person to provide it. 2001-2002 Service administratif de R.S.C. 1970, c. A-16 Army Benevolent Fund Act R.S.C. 1970, c. 10 (2nd Supp.), s. 64(2) 115. Subsection 3(5) of the Army Benevolent Fund Act is replaced by the following: Moneys in Fund the property of Her Majesty (5) All moneys and securities required by this section to be paid or transferred to the Receiver General are hereby declared to be and to have been the property of Her Majesty in right of Canada and may be recovered by action on behalf of Her Majesty in the Federal Court. 2000, c. 9 Canada Elections Act 116. Subsection 15(2) of the Canada Elections Act is replaced by the following: Salary and expenses of Chief Electoral Officer (2) The Chief Electoral Officer shall be paid a salary equal to the salary of a judge of the Federal Court, other than the Chief Justice of that Court, and is entitled to be paid reasonable travel and living expenses while absent from his or her ordinary place of residence in the course of his or her duties. 117. Paragraph 525(1)(b) of the Act is replaced by the following: (b) the Federal Court. R.S., c. C-5 Canada Evidence Act 1997, c. 18, s. 117 118. Subsection 23(1) of the Canada Evidence Act is replaced by the following: Evidence of judicial proceedings, etc. 23. (1) Evidence of any proceeding or record whatever of, in or before any court in Great Britain, the Supreme Court, the Federal Court of Appeal, the Federal Court or the Tax Court of Canada, any court in a province, any court in a British colony or possession or any court of record of the United States, of a state of the United States or of any other foreign country, or before any justice of the peace or coroner in a province, may be given in any action or proceeding by an exemplification or certified copy of the proceeding or record, �� C. 8 Courts Administ purporting to be under the seal of the court or under the hand or seal of the justice, coroner or court stenographer, as the case may be, without any proof of the authenticity of the seal or of the signature of the justice, coroner or court stenographer or other proof whatever. 119. Paragraph 37(5)(a) of the Act is replaced by the following: (a) to the Federal Court of Appeal from a determination of the Federal Court or the Tax Court of Canada; or R.S., c. L-2 Canada Labour Code R.S., c. 9 (1st Supp.), s. 4 120. Section 152 of the Canada Labour Code is replaced by the following: Injunction proceedings 152. The Minister may apply or cause an application to be made to a judge of a superior court for an order enjoining any person from contravening a provision of this Part, whether or not a prosecution has been instituted for an offence under this Part, or enjoining any person from continuing any act or default for which the person was convicted of an offence under this Part. R.S., c. C-8 Canada Pension Plan R.S., c. 30 (2nd Supp.), s. 45(1) 121. (1) Paragraphs 83(5)(a) and (b) of the Canada Pension Plan are replaced by the following: (a) a Chairman and a Vice-Chairman, each of whom shall be a judge of the Federal Court of Appeal, the Federal Court or a superior court of a province; and (b) not less than one and not more than ten other persons, each of whom shall be a judge of the Federal Court of Appeal, the Federal Court or a superior court of a province. 1995, c. 33, s. 36(2) (2) Subsection 83(5.1) of the Act is replaced by the following: Temporary members of the Board (5.1) Subject to subsections (5.2) and (5.3), in addition to the members of the Pension Appeals Board for whom provision is made by subsection (5), any judge or former judge of the Federal Court of Canada, the Federal 2001-2002 Service administratif de Court of Appeal or the Federal Court or of a superior or district court of a province may, on the request of the Chairman of the Board made with the approval of the Governor in Council, act as a temporary member of the Board. 1995, c. 33, s. 36(2) (3) Paragraph 83(5.2)(a) of the Act is replaced by the following: (a) to a judge of the Federal Court of Appeal or the Federal Court, without the consent of the Chief Justice of the Court or of the Attorney General of Canada; or 1996, c. 10 Canada Transportation Act 122. Subsection 33(1) of the Canada Transportation Act is replaced by the following: Enforcement of decision or order 33. (1) A decision or an order of the Agency may be made an order of any superior court and is enforceable in the same manner as such an order. R.S., c. C-20 Canadian Ownership and Control Determination Act 1990, c. 8, s. 48 123. Section 27 of the Canadian Ownership and Control Determination Act is replaced by the following: Judicial review 27. A person that is directly affected by a determination or redetermination of Canadian ownership rate by the Minister under subsection 7(2), 12(1) or 21(1) may apply for judicial review under the Federal Courts Act by filing a notice of the application in the Federal Court within 30 days after the determination or redetermination is made, or within any further time that the Court or a judge of the Court may fix or allow before or after the end of those 30 days. �� 1999, c. 35 C. 8 Courts Administ Civil International Space Station Agreement Implementation Act 124. Subsection 7(2) of the Civil International Space Station Agreement Implementation Act is replaced by the following: Application for court order (2) If a person objects to providing or fails to provide the Minister or a designated person, as the case may be, with any requested information or a requested document within the specified period, the Minister may apply to a judge of a superior court of a province or of the Federal Court for an order requiring the person to provide it. R.S., c. 17 (2nd Supp.) Commercial Arbitration Act 125. Section 6 of the Commercial Arbitration Act is replaced by the following: Definition of ‘‘court’’ or ‘‘competent court’’ 6. In the Code, ‘‘court’’ or ‘‘competent court’’ means a superior, county or district court, except when the context requires otherwise. R.S., c. C-34; R.S., c. 19 (2nd Supp.), s. 19 Competition Act R.S., c. 19 (2nd Supp.), s. 24; 1999, c. 2, par. 37(d) 126. The portion of subsection 11(1) of the Competition Act before paragraph (a) is replaced by the following: Order for oral examination, production or written return 11. (1) If, on the ex parte application of the Commissioner or his or her authorized representative, a judge of a superior or county court is satisfied by information on oath or solemn affirmation that an inquiry is being made under section 10 and that a person has or is likely to have information that is relevant to the inquiry, the judge may order the person to R.S., c. 19 (2nd Supp.), s. 24 127. Subsection 14(3) of the Act is replaced by the following: Application to court (3) A judge of a superior or county court may, on application by a presiding officer, order any person to comply with an order made by the presiding officer under subsection (2). 2001-2002 Service administratif de R.S., c. 19 (2nd Supp.), s. 24; 1999, c. 2, par. 37(g) 128. The portion of subsection 15(1) of the Act before paragraph (a) is replaced by the following: Warrant for entry of premises 15. (1) If, on the ex parte application of the Commissioner or his or her authorized representative, a judge of a superior or county court is satisfied by information on oath or solemn affirmation R.S., c. 19 (2nd Supp.), s. 24 129. Paragraph 17(1)(a) of the Act is replaced by the following: (a) take the record or other thing before the judge who issued the warrant or a judge of the same court or, if no warrant was issued, before a judge of a superior or county court; or R.S., c. 19 (2nd Supp.), Part I Competition Tribunal Act 130. Subsection 13(1) of the Competition Tribunal Act is replaced by the following: Appeal 13. (1) Subject to subsection (2), an appeal lies to the Federal Court of Appeal from any decision or order, whether final, interlocutory or interim, of the Tribunal as if it were a judgment of the Federal Court. R.S., c. C-42 Copyright Act R.S., c. 10 (4th Supp.), s. 12 131. Subsection 66.7(2) of the French version of the Copyright Act is replaced by the following: Assimilation (2) Les décisions de la Commission peuvent, en vue de leur exécution, être assimilées à des actes de la Cour fédérale ou de toute cour supérieure; le cas échéant, leur exécution s’effectue selon les mêmes modalités. �� C. 8 Courts Administ 1992, c. 20 Corrections and Conditional Release Act 1995, c. 42, s. 59 132. Subsection 155.1(2) of the Corrections and Conditional Release Act is replaced by the following: Judge to conduct inquiry (2) If the Minister considers it appropriate that an inquiry under this section be held, a judge, supernumerary judge or former judge of the Federal Court of Canada, the Federal Court of Appeal or the Federal Court, in this section and section 155.2 referred to as a ‘‘judge’’, shall conduct the inquiry. 1984, c. 18 Cree-Naskapi (of Quebec) Act 133. Subsection 55(2) of the English version of the Cree-Naskapi (of Quebec) Act is replaced by the following: Exclusion of Federal Court’s jurisdiction (2) Notwithstanding the Federal Courts Act, the Federal Court does not have the jurisdiction to hear applications described in subsection (1). R.S., c. 1 (2nd Supp.) Customs Act 134. Subsection 135(2) of the Customs Act is replaced by the following: Ordinary action (2) The Federal Courts Act and the rules made under that Act applicable to ordinary actions apply in respect of actions instituted under subsection (1) except as varied by special rules made in respect of such actions. 1996, c. 23 Employment Insurance Act 1998, c. 19, s. 270 135. (1) Subsection 112(2) of the Employment Insurance Act is replaced by the following: Judges acting as umpires (2) Subject to subsection (4), a judge or former judge of a superior, county or district court or a judge or former judge appointed under an Act of Parliament or the legislature of a province may, at the request of the chief umpire made with the approval of the Governor in Council, act as an umpire and, while so acting, the judge or former judge has all the powers of an umpire. (2) Subsection 112(5) of the Act is replaced by the following: 2001-2002 Salary and travel allowance Service administratif de (5) A judge or former judge who acts as an umpire shall be paid (a) a salary for the period the person acts at the rate fixed by the Judges Act for a judge of the Federal Court, other than the Chief Justice of that Court, less any amount otherwise payable to the person under that Act for the period; and (b) the travel allowances that a judge is entitled to be paid under that Act. R.S., c. E-9 Energy Supplies Emergency Act 1996, c. 10, s. 222(1) 136. Subsection 42(1) of the Energy Supplies Emergency Act is replaced by the following: Injunctions and orders 42. (1) When it appears to the Board that a person or an organization has engaged in, is engaged in or is about to engage in any acts or practices in contravention of a provision of a regulation made under this Act or in contravention of a decision or an order made by the Canadian Transportation Agency or the National Energy Board under a direction given under this Act, the Board may request the Attorney General of Canada to bring an action in a superior court to enjoin those acts or practices. R.S., c. E-15 Excise Tax Act R.S., c. 7 (2nd Supp.), s. 38(1), c. 47 (4th Supp.), s. 52 (Sch., item 5(3)) 137. (1) Subsections 81.28(1) and (2) of the Excise Tax Act are replaced by the following: Institution of appeal to Court 81.28 (1) An appeal to the Federal Court under section 81.2, 81.22 or 81.24 shall be instituted (a) in the case of an appeal by a person, other than the Minister, in the manner set out in section 48 of the Federal Courts Act; and (b) in the case of an appeal by the Minister, in the manner provided by the rules made under the Federal Courts Act for the commencement of an action. �� C. 8 Courts Administ Counter-claim or cross-demand (2) If the respondent in an appeal under section 81.24 from a decision of the Tribunal desires to appeal that decision, the respondent may do so, whether or not the time fixed by that section has expired, by a counter-claim or cross-demand instituted in accordance with the Federal Courts Act and the rules made under that Act. R.S., c. 7 (2nd Supp.), s. 38(1) (2) The portion of subsection 81.28(3) of the Act before paragraph (a) is replaced by the following: Procedure (3) An appeal to the Federal Court under this Part is deemed to be an action in the Federal Court to which the Federal Courts Act and the rules made under that Act applicable to an ordinary action apply, except as varied by special rules made in respect of such appeals and except that R.S., c. 7 (2nd Supp.), s. 38(1) (3) Paragraph 81.28(3)(b) of the Act is replaced by the following: (b) a copy of a notice of objection filed with the Federal Court under subsection 81.21(3) is deemed to be a statement of claim that is filed with the Court by the person serving the notice and served by that person on the Minister on the day it was so filed by the Minister; and R.S., c. 7 (2nd Supp.), s. 38(1) 138. Subsection 81.37(1) of the Act is replaced by the following: Reference to Federal Court 81.37 (1) If the Minister and a person agree in writing that a question of law, fact or mixed law and fact relating to this Act should be determined by the Federal Court, the question shall be determined by that Court under subsection 17(3) of the Federal Courts Act. R.S., c. 7 (2nd Supp.), s. 38(1), c. 47 (4th Supp.), s. 52 (Sch., item 5(3)) 139. The portion of subsection 81.38(1) of the Act before paragraph (a) is replaced by the following: 2001-2002 Service administratif de Payment by Minister on appeal 81.38 (1) If the Tribunal, the Federal Court, the Federal Court of Appeal or the Supreme Court of Canada has, on the disposition of an appeal under this Part, R.S., c. 7 (2nd Supp.), s. 41(1), c. 47 (4th Supp.), s. 52 (Sch., item 5(3)) 140. Subsection 86(8) of the Act is replaced by the following: Delay when agreement (8) Despite subsections (1) to (7), if a person has served a notice of objection under section 81.15 or has appealed to the Tribunal or the Federal Court under this Part, otherwise than under section 81.33, in respect of an assessment and agrees in writing with the Minister to delay proceedings on the objection or appeal until a decision or judgment is rendered in another action before the Tribunal, the Federal Court, the Federal Court of Appeal or the Supreme Court of Canada in which the issue is the same or substantially the same as that raised in the objection or appeal of that person, the Minister may take any of the actions described in paragraphs (4)(a) to (d) for the purpose of collecting any sum for which that person has been assessed, determined in a manner consistent with the decision or judgment of the Tribunal or Court in the other action, at any time after the Minister notifies the person in writing that the decision or judgment has been rendered. 1999, c. 18 Extradition Act 141. (1) Subsection 57(1) of the Extradition Act is replaced by the following: Review of order 57. (1) Despite the Federal Courts Act, the court of appeal of the province in which the committal of the person was ordered has exclusive original jurisdiction to hear and determine applications for judicial review under this Act, made in respect of the decision of the Minister under section 40. (2) Subsection 57(7) of the Act is replaced by the following: �� C. 8 Courts Administ Grounds of review (7) The court of appeal may grant relief under this section on any of the grounds on which the Federal Court may grant relief under subsection 18.1(4) of the Federal Courts Act. R.S., c. F-11 Financial Administration Act 1992, c. 1, s. 72 142. Schedule I.1 to the Financial Administration Act is amended by striking out, in column I, the references to Registry of the Federal Court of Canada Greffe de la Cour fédérale du Canada Registry of the Tax Court of Canada Greffe de la Cour canadienne de l’impôt and the corresponding references in column II to the ‘‘Minister of Justice’’. 143. Schedule I.1 to the Act is amended by adding, in alphabetical order in column I, a reference to Courts Administration Service Service administratif judiciaires des tribunaux and a corresponding reference in column II to the ‘‘Minister of Justice’’. R.S., c. I-2 Immigration Act 1992, c. 49, s. 53 144. Subsection 63.1(2) of the Immigration Act is replaced by the following: Appointment (2) If the Minister considers that it is appropriate that an inquiry under this section be held, a judge, supernumerary judge or former judge of the Federal Court of Canada, the Federal Court of Appeal or the Federal Court, in this section and section 63.2 referred to as the ‘‘judge’’, shall conduct the inquiry. 1992, c. 49, s. 73 145. Subsection 83(4) of the Act is replaced by the following: Refusal not subject to appeal (4) For greater certainty, a refusal of the Federal Court to certify that a serious question of general importance is involved in any matter is not subject to appeal. 1992, c. 49, s. 73 146. Subsection 84(1) of the Act is replaced by the following: 2001-2002 Rules Service administratif de 84. (1) Subject to the approval of the Governor in Council, the rules committee established under section 45.1 of the Federal Courts Act may make rules governing the practice and procedure in relation to (a) applications under section 82.1 for leave to commence an application for judicial review, (b) applications for judicial review under that Act with respect to any decision or order made, or any matter arising, under this Act or the rules or regulations made under this Act, and (c) appeals referred to in section 83, and those rules shall be binding despite any rule or practice that would otherwise be applicable. R.S., c. 29 (4th Supp.), s. 11 147. Subsection 102.17(2) of the Act is replaced by the following: Ordinary action (2) The Federal Courts Act and the rules made under that Act applicable to ordinary actions apply in respect of actions instituted under subsection (1), except as varied by special rules made in respect of such actions. R.S., c. 1 (5th Supp.) Income Tax Act 148. The heading before section 169 of the Income Tax Act is replaced by the following: Division J — Appeals to the Tax Court of Canada and the Federal Court of Appeal 149. Subsection 176(2) of the Act is replaced by the following: Documents to be transferred to Federal Court of Appeal (2) As soon as is reasonably practicable after receiving notice of an appeal to the Federal Court of Appeal in respect of which section 180 applies, the Minister shall cause to be transmitted to the registry of that Court copies of all documents that are relevant to the decision of the Minister appealed from. �� 1991, c. 13 C. 8 Courts Administ International Sale of Goods Contracts Convention Act 150. Section 7 of the International Sale of Goods Contracts Convention Act is replaced by the following: Jurisdiction 7. The Federal Court and the superior courts of the provinces are courts of competent jurisdiction for the purpose of the enforcement of this Act and the Convention. R.S., c. I-21 Interpretation Act 151. (1) The definitions ‘‘Federal Court’’, ‘‘Federal Court — Appeal Division’’ or ‘‘Federal Court of Appeal’’ and ‘‘Federal Court — Trial Division’’ in subsection 35(1) of the Interpretation Act are repealed. (2) The portion of the definition ‘‘superior court’’ in subsection 35(1) of the Act after paragraph (e) is replaced by the following: and includes the Supreme Court of Canada, the Federal Court of Appeal, the Federal Court and the Tax Court of Canada; R.S., c. 28 (1st Supp.) Investment Canada Act 152. Subsection 40(6) of the Investment Canada Act is replaced by the following: Definition of ‘‘superior court’’ (6) In this section, ‘‘superior court’’ has the same meaning as in subsection 35(1) of the Interpretation Act but does not include the Supreme Court of Canada, the Federal Court of Appeal or the Tax Court of Canada. R.S., c. N-5 National Defence Act 153. Subsection 234(2) of the National Defence Act is replaced by the following: Judges (2) The judges of the Court Martial Appeal Court are (a) not fewer than four judges of the Federal Court of Appeal or the Federal Court to be designated by the Governor in Council; and (b) any additional judges of a superior court of criminal jurisdiction who are appointed by the Governor in Council. 2001-2002 Service administratif de Deputy judges of the Court (2.1) Subject to subsection (2.2), any former judge of the Court Martial Appeal Court may, at the request of the Chief Justice of that Court made with the approval of the Governor in Council, act as a judge of the Court and while so acting has all the powers of a judge of the Court and shall be referred to as a deputy judge of the Court. Approval of Governor in Council (2.2) The Governor in Council may approve the making of requests under subsection (2.1) in general terms or for particular periods or purposes, and may limit the number of persons who may act under that subsection. Salary (2.3) A person who acts as a judge under subsection (2.1) shall be paid a salary for the period he or she acts at the rate fixed by the Judges Act for a judge of the Federal Court of Appeal or the Federal Court, other than a Chief Justice, less any amount otherwise payable to him or her under that Act in respect of that period, and shall also be paid the travel allowances that a judge is entitled to be paid under the Judges Act. Giving of judgment after judge ceases to hold office (2.4) If a judge of the Court Martial Appeal Court resigns his or her office or is appointed to another court or otherwise ceases to hold office, he or she may, at the request of the Chief Justice of the Court Martial Appeal Court, at any time within eight weeks after that event give judgment in any cause, action or matter previously tried by or heard before him or her as if he or she had continued in office. 154. Subsection 236(3) of the Act is replaced by the following: Staff (3) The officers, clerks and employees appointed to the Courts Administration Service shall perform the duties of their respective offices in relation to the Court Martial Appeal Court. �� R.S., c. 31 (4th Supp.) C. 8 Courts Administ Official Languages Act 155. Subsection 16(3) of the Official Languages Act is replaced by the following: Limitation (3) No federal court, other than the Federal Court of Appeal, the Federal Court or the Tax Court of Canada, is required to comply with subsection (1) until five years after that subsection comes into force. 156. Section 17 of the Act is replaced by the following: Authority to make implementing rules 17. (1) The Governor in Council may make any rules governing the procedure in proceedings before any federal court, other than the Supreme Court of Canada, the Federal Court of Appeal, the Federal Court or the Tax Court of Canada, including rules respecting the giving of notice, that the Governor in Council deems necessary to enable that federal court to comply with sections 15 and 16 in the exercise of any of its powers or duties. Supreme Court, Federal Court of Appeal, Federal Court and Tax Court of Canada (2) Subject to the approval of the Governor in Council, the Supreme Court of Canada, the Federal Court of Appeal, the Federal Court and the Tax Court of Canada may make any rules governing the procedure in their own proceedings, including rules respecting the giving of notice, that they deem necessary to enable themselves to comply with sections 15 and 16 in the exercise of any of their powers or duties. 157. Subsection 50(2) of the Act is replaced by the following: Salary and expenses (2) The Commissioner shall be paid a salary equal to the salary of a judge of the Federal Court, other than the Chief Justice of that Court, and is entitled to be paid reasonable travel and living expenses while absent from his or her ordinary place of residence in the course of his or her duties. 2001-2002 1990, c. 20 Service administratif de Plant Breeders’ Rights Act 158. Subsection 49(1) of the Plant Breeders’ Rights Act is replaced by the following: Recording judicial invalidation 49. (1) A certificate of a decision of the Federal Court, the Federal Court of Appeal or the Supreme Court of Canada holding plant breeder’s rights to be invalid shall, at the instance of the person filing it to make it of record in the Plant Breeders’ Rights Office, be noted in relation to those rights in the register. R.S., c. P-21 Privacy Act 159. Subsection 51(1) of the Privacy Act is replaced by the following: Actions relating to international affairs and defence 51. (1) Any application under section 41 or 42 relating to personal information that the head of a government institution has refused to disclose by reason of paragraph 19(1)(a) or (b) or section 21, and any application under section 43 in respect of a file contained in a personal information bank designated as an exempt bank under section 18 to contain files all of which consist predominantly of personal information described in section 21, shall be heard and determined by the Chief Justice of the Federal Court or by any other judge of the Court that the Chief Justice may designate to hear the applications. 160. Subsection 54(2) of the Act is replaced by the following: Salary and expenses (2) The Privacy Commissioner shall be paid a salary equal to the salary of a judge of the Federal Court, other than the Chief Justice, and is entitled to be paid reasonable travel and living expenses incurred in the performance of duties under this Act or any other Act of Parliament. �� 2000, c. 17 C. 8 Courts Administ Proceeds of Crime (Money Laundering) Act 161. Subsection 30(2) of the Proceeds of Crime (Money Laundering) Act is replaced by the following: Ordinary action 1991, c. 30 (2) The Federal Courts Act and the rules made under that Act that apply to ordinary actions apply to actions instituted under subsection (1) except as varied by special rules made in respect of such actions. Public Sector Compensation Act 162. Schedule I to the Public Sector Compensation Act is amended by striking out the following under the heading ‘‘Other Portions of the Public Service’’: Federal Court of Canada, Staff of Cour fédérale du Canada, Personnel de la Tax Court of Canada Cour canadienne de l’impôt 163. Schedule I to the Act is amended by adding the following in alphabetical order under the heading ‘‘Other Portions of the Public Service’’: Courts Administration Service Service administratif judiciaires des tribunaux R.S., c. P-33 Public Service Employment Act 1992, c. 54, s. 16 164. Section 21.1 of the Public Service Employment Act is replaced by the following: Appeal to Federal Court of Appeal 21.1 Despite the Federal Courts Act, an application to the Federal Court for relief under section 18 or 18.1 of that Act against a decision of a board established under subsection 21(1) or (1.1) shall be transferred to the Federal Court of Appeal if the parties to the application so agree or if the Federal Court of Appeal, on application by any of those parties, so orders on the basis that the sound administration of that part of the Public Service over which the deputy head concerned has jurisdiction would be unduly prejudiced by delay if the matter were heard and determined by the Federal Court and subject to an appeal to the Federal Court of Appeal. 2001-2002 Service administratif de R.S., c. P-35 Public Service Staff Relations Act 1992, c. 54, s. 32(4) 165. Paragraph (a) of the definition ‘‘managerial or confidential position’’ in subsection 2(1) of the Public Service Staff Relations Act is replaced by the following: (a) confidential to the Governor General, a Minister of the Crown, a judge of the Supreme Court of Canada, the Federal Court of Appeal, the Federal Court or the Tax Court of Canada, the deputy head of a department or the chief executive officer of any other portion of the Public Service, 166. Part I of Schedule I to the Act is amended by striking out the following: Staff of the Federal Court Personnel de la Cour fédérale Tax Court of Canada Cour canadienne de l’impôt 167. Part I of Schedule I to the Act is amended by adding the following in alphabetical order: Courts Administration Service Service administratif judiciaires R.S., c. 32 (4th Supp.) des tribunaux Railway Safety Act 168. Subsection 34(1) of the Railway Safety Act is replaced by the following: Enforcement through court 34. (1) An order or emergency directive made by the Minister may be made an order of any superior court and shall be enforced in the same manner as an order of the court. �� C. 8 Courts Administ R.S., c. S-15 Special Import Measures Act 1993, c. 44, s. 207(2)(E) 169. Subsection 12(1.1) of the English version of the Special Import Measures Act is replaced by the following: Return of part of duty where order or finding set aside or rescinded (1.1) Where, pursuant to an application under the Federal Courts Act or section 96.1 of this Act or a review under Part I.1 or II of this Act, an order or finding described in any of sections 3 to 6 is set aside or rescinded or is set aside or rescinded in relation to particular goods and another such order or finding is made with respect to all or any of the goods to which the order or finding applies or all or any of those particular goods, as the case may be, any duty paid under this Act pursuant to the first-mentioned order or finding by or on behalf of an importer shall, except to the extent of any duty payable by the importer as a consequence of the other order or finding, be returned to the importer without delay after the other order or finding is made. 1990, c. 8, s. 71(2)(E) 170. Paragraph 44(2)(a) of the English version of the Act is replaced by the following: (a) the Secretary shall without delay give notice of the recommencement of the inquiry with respect to those goods to every person to whom the Secretary forwarded, under subsection 43(2), a copy of the order or finding with respect to which the application under the Federal Courts Act was made; and R.S., c. 47 (4th Supp.), s. 52 (Sch., item 10(5)) 171. Paragraph 59(1)(d) of the Act is replaced by the following: (d) at any time, for the purpose of giving effect to a decision of the Tribunal, the Federal Court of Appeal or the Supreme Court of Canada with respect to the goods; and 1993, c. 44, s. 218 172. The portion of the definition ‘‘definitive decision’’ in subsection 77.01(1) of the Act after paragraph (j) is replaced by the following: in so far as it applies to or is made in respect of particular goods of a NAFTA country, but does not include any such determination, re-determination, decision, order or finding 2001-2002 Service administratif de that is made for the purpose of giving effect to a decision of the Federal Court of Appeal or the Supreme Court of Canada relating to those goods; 1988, c. 65, s. 42 173. The portion of the definition ‘‘definitive decision’’ in subsection 77.1(1) of the Act after paragraph (j) is replaced by the following: that applies to or in respect of particular goods of the United States, but does not include any such determination, re-determination, decision, order or finding that is made for the purpose of giving effect to a decision of the Federal Court of Appeal or the Supreme Court of Canada relating to those goods; R.S., c. S-22 Statutory Instruments Act R.S., c. 51 (4th Supp.), s. 22 174. Subsection 3(4) of the Statutory Instruments Act is replaced by the following: (4) Paragraph (2)(d) does not apply to any proposed rule, order or regulation governing the practice or procedure in proceedings before the Supreme Court of Canada, the Federal Court of Appeal, the Federal Court, the Tax Court of Canada or the Court Martial Appeal Court. Application R.S., c. S-26 Supreme Court Act 175. Paragraphs 30(1)(a) and (b) of the Supreme Court Act are replaced by the following: (a) of a judge of the Federal Court of Appeal, the Federal Court or the Tax Court of Canada; or (b) if the judges of the Federal Court of Appeal, the Federal Court or the Tax Court of Canada are absent from Ottawa or for any reason are unable to sit, of a judge of a provincial superior court to be designated in writing by the chief justice, or in the absence of the chief justice, by any acting chief justice or the senior puisne judge of that provincial court on that request being made to that acting chief justice or that senior puisne judge in writing. 176. Section 64 of the Act is replaced by the following: �� C. 8 Courts Administ Exceptions 64. The provisions of this Act requiring the deposit of security for costs do not apply to appeals by or on behalf of the Crown or in election cases, in cases in the Federal Court of Appeal or the Federal Court, in criminal cases or in proceedings for or on a writ of habeas corpus. R.S., c. T-13 Trade-marks Act 177. Section 61 of the Trade-marks Act is replaced by the following: Judgments to be filed 61. An officer of the Registry of the Federal Court shall file with the Registrar a certified copy of every judgment or order made by the Federal Court, the Federal Court of Appeal or the Supreme Court of Canada relating to any trade-mark on the register. R.S., c. 16 (2nd Supp.) United Nations Foreign Arbitral Awards Convention Act 178. Section 6 of the United Nations Foreign Arbitral Awards Convention Act is replaced by the following: Application to court 1995, c. 18 6. For the purpose of seeking recognition and enforcement of an arbitral award pursuant to the Convention, application may be made to any superior, district or county court. Veterans Review and Appeal Board Act 179. Subsection 42(2) of the Veterans Review and Appeal Board Act is replaced by the following: Judge to conduct inquiry (2) If the Minister considers it appropriate that an inquiry be held, a judge, supernumerary judge or former judge of the Federal Court of Canada, the Federal Court of Appeal or the Federal Court, in this section and section 43 referred to as a ‘‘judge’’, shall conduct the inquiry. 2001-2002 1994, c. 35 Service administratif de Yukon First Nations Self-Government Act 180. Subsection 15(2) of the Yukon First Nations Self-Government Act is replaced by the following: Federal Court of Appeal or Federal Court 1994, c. 43 (2) Nothing in this Act shall be construed so as to limit the jurisdiction of the Federal Court of Appeal or the Federal Court. Yukon Surface Rights Board Act 181. Subsection 76(1) of the Yukon Surface Rights Board Act is replaced by the following: Application for judicial review 76. (1) Notwithstanding section 18 of the Federal Courts Act, the Federal Court has concurrent original jurisdiction in respect of relief referred to in paragraph 18(1)(b) of that Act, and the Attorney General of Canada, the Territorial Minister or anyone directly affected by the matter in respect of which relief is sought may make an application for judicial review to the Supreme Court of the Yukon Territory for any relief that the applicant could otherwise obtain in respect of the Board by way of an application for an order of or in the nature of mandamus, prohibition or certiorari or by way of an action for a declaration or an injunction. Replacement of ‘‘Federal Court Act’’ with ‘‘Federal Courts Act’’ 182. (1) The following provisions are amended by replacing the expression ‘‘Federal Court Act’’ with the expression ‘‘Federal Courts Act’’: References (a) section 45 of the Access to Information Act; (b) subsection 14.02(5) of the Bankruptcy and Insolvency Act; (c) subsection 12(2) of the Canada Agricultural Products Act; (d) subsections 39.34(1) and 39.35(3) of the Canada Deposit Insurance Corporation Act; (e) subsections 22(1), 23(3) and 58(3) of the Canada Labour Code; �� C. 8 Courts Administ (f) the portion of subsection 84(1) of the Canada Pension Plan after paragraph (f) and paragraphs 86.1(b) and (c) of that Act; (g) subsection 63(1), section 65 and subsection 106(10) of the Canada Petroleum Resources Act; (h) section 46 of the Canadian Payments Association Act, as enacted by section 244 of the Financial Consumer Agency of Canada Act, Chapter 9 of the Statutes of Canada, 2001; (i) paragraph 28(c) of the Canadian Security Intelligence Service Act; (j) section 16 of the Citizenship Act; (k) subsection 31(7) of the Crown Liability and Proceedings Act; (l) subsection 37(9) of the Cultural Property Export and Import Act; (m) subsection 52(3) of the Emergencies Act; (n) subsections 30(3) and 39(8) of the Employment Equity Act; (o) sections 105 and 118 and subsection 132(3) of the Employment Insurance Act; (p) subsection 32.4(3) of the Energy Supplies Emergency Act; (q) subsection 311(5) of the Excise Tax Act; (r) subsection 36(3) of the First Nations Land Management Act; (s) subsection 46.04(3.1), subparagraph 49(1)(c)(i), subsection 82.1(1), section 82.2 and subsection 84(2) of the Immigration Act; (t) the portion of subsection 164(4.1) of the Income Tax Act after paragraph (d) and subsection 174(4.1) of that Act; (u) subsection 31(2) of the Indian Act; (v) subsection 31(1) of the Labour Adjustment Benefits Act; (w) paragraph (c) of the definition ‘‘public office holder’’ in subsection 2(1) of the Lobbyists Registration Act; 2001-2002 Service administratif de (x) section 32 of the Mackenzie Valley Resource Management Act; (y) sections 5 and 16 of the Marine Liability Act; (z) subsection 14(2) of the Motor Vehicle Fuel Consumption Standards Act; (z.1) section 29.15 of the National Defence Act, as enacted by section 7 of An Act to amend the National Defence Act, chapter 35 of the Statutes of Canada, 1998; (z.2) section 19 of the Nisga’a Final Agreement Act; (z.3) subsections 24(2) and 27(2) of the Northern Pipeline Act; (z.4) section 80 of the Official Languages Act; (z.5) subsections 28(2) and (3) of the Old Age Security Act; (z.6) section 17 and subsection 54(2) of the Patent Act; (z.7) section 21 of the Payment Clearing and Settlement Act; (z.8) section 44 of the Privacy Act; (z.9) subsections 32(1), 42(4) and (6), 45.16(7) and 45.26(6) of the Royal Canadian Mounted Police Act; (z.10) subsections 9(1) and 12(1), section 44, subsections 76(1), 77.01(2) and 77.011(2), (5) and (7), section 77.012, subsection 77.02(3), section 77.027, subsections 77.031(1) and (2), 77.1(2) and 77.11(2), (4) and (6), section 77.12, subsections 77.2(3), 96.1(5) and 96.11(1) and section 96.2 of the Special Import Measures Act; (z.11) section 76 and subsections 77.012(1) and 77.12(1) of the Special Import Measures Act, as enacted by sections 36, 39 and 41 of An Act to amend the Special Import Measures Act and the Canadian International Trade Tribunal Act, chapter 12 of the Statutes of Canada, 1999; and (z.12) subsections 21(1) and 37(3) of the Status of the Artist Act. �� C. 8 Courts Administ Other reference to Federal Court Act (2) The definition ‘‘Rules’’ in section 687 of the English version of the Canada Shipping Act is amended by replacing the expression ‘‘Federal Court Act’’ with the expression ‘‘Federal Courts Act’’. General replacement (3) Unless the context requires otherwise, the expression ‘‘Federal Court Act’’ is replaced by the expression ‘‘Federal Courts Act’’ in (a) any regulation, as defined in section 2 of the Statutory Instruments Act; and (b) any other instrument made (i) in the execution of a power conferred under an Act of Parliament, or (ii) by order or under the authority of the Governor in Council. Replacement of ‘‘Federal Court — Trial Division’’ with ‘‘Federal Court’’ 183. (1) The following provisions are amended by replacing the expression ‘‘Federal Court — Trial Division’’ with the expression ‘‘Federal Court’’: (a) the definition ‘‘Court’’ in section 3 of the Access to Information Act; (b) paragraph 37(3)(a) of the Canada Evidence Act; (c) paragraph (g) of the definition ‘‘court’’ in section 103 of the Canada Marine Act; (d) the definition ‘‘Court’’ in subsection 2(1) of the Citizenship Act; (e) paragraph (g) of the definition ‘‘court’’ in subsection 16(22) of the Coasting Trade Act; (f) subsection 34(3), sections 73 and 74.09 and subsection 74.18(1) of the Competition Act; 2001-2002 Service administratif de (g) paragraph 3(2)(a) of the Competition Tribunal Act; (h) subsection 13(2) of the Comprehensive Nuclear Test-Ban Treaty Implementation Act; (i) subsections 3(3), 4(3), 5(3) and 23(2) of the Divorce Act; (j) sections 81.2 and 81.21, subsections 81.22(1) and (2), paragraph 81.23(1)(a), subsection 81.23(2), sections 81.24, 81.29 and 81.3 and subsections 81.31(1), (2) and (4), 81.32(3), 81.34(1) to (3), 81.36(1) and (6) and 86(6) of the Excise Tax Act; (k) subsection 8(1) of the Foreign Publishers Advertising Services Act; (l) paragraph 46.04(3.1)(b), subparagraph 49(1)(c)(ii), subsections 77(3.2) and (3.3) and 82.1(1), (3) to (5) and (10), section 82.2 and subsections 83(1) to (3), 102.17(1) and 107.1(1) of the Immigration Act; (m) subsection 180(2) of the Income Tax Act; (n) subsection 14(1) of the Motor Vehicle Fuel Consumption Standards Act; (o) section 101 of the National Energy Board Act; (p) subsection 27(1) of the Northern Pipeline Act; (q) section 76 of the Official Languages Act; (r) the definition ‘‘Court’’ in subsection 2(1) of the Personal Information Protection and Electronic Documents Act; (s) the definition ‘‘Court’’ in section 3 of the Privacy Act; and (t) section 38 of the Supreme Court Act. References to Federal Court — Trial Division generally (2) Unless the context requires otherwise, the expression ‘‘Federal Court — Trial Division’’ is replaced by the expression ‘‘Federal Court’’ in �� C. 8 Courts Administ (a) any regulation, as defined in section 2 of the Statutory Instruments Act; and (b) any other instrument made (i) in the execution of a power conferred under an Act of Parliament, or (ii) by order or under the authority of the Governor in Council. Replacement of ‘‘Federal Court’’ and ‘‘Federal Court of Canada’’ with ‘‘Federal Court of Appeal’’ 184. The Income Tax Act is amended by replacing the expressions ‘‘Federal Court’’ and ‘‘Federal Court of Canada’’ with the expression ‘‘Federal Court of Appeal’’ in the following provisions: (a) paragraph 152(1.7)(b); (b) the portion of subsection 152(1.8) before paragraph (a); (c) subsection 164(4.1); (d) section 179; and (e) subparagraph 191.2(1)(b)(iv). TRANSITIONAL PROVISIONS Chief Justice of Federal Court of Canada 185. (1) The person holding the office of Chief Justice of the Federal Court of Canada on the coming into force of section 1 of this Act continues in office as Chief Justice of the Federal Court of Appeal. Associate Chief Justice of Federal Court of Canada (2) The person holding the office of Associate Chief Justice of the Federal Court of Canada on the coming into force of section 1 of this Act continues in office as Chief Justice of the Federal Court. Other judges in the Federal Court — Appeal Division (3) Every other person holding office as a judge or supernumerary judge of the Federal Court — Appeal Division on the coming into force of section 1 of this Act continues in office as a judge or supernumerary judge, as the case may be, of the Federal Court of Appeal. Other judges in the Federal Court — Trial Division (4) Every other person holding office as a judge or supernumerary judge of the Federal Court — Trial Division on the coming into force of section 1 of this Act continues 2001-2002 Service administratif de in office as a judge or supernumerary judge, as the case may be, of the Federal Court. Prothonotaries (5) Every person holding office as prothonotary, Senior Prothonotary or Associate Senior Prothonotary of the Federal Court of Canada on the coming into force of section 1 of this Act continues in office as prothonotary, Senior Prothonotary or Associate Senior Prothonotary, as the case may be, of the Federal Court. Sheriffs (6) Every person holding office as sheriff or deputy sheriff of the Federal Court of Canada on the coming into force of section 1 of this Act continues in office as sheriff or deputy sheriff, as the case may be, of the Federal Court of Appeal and the Federal Court. Commissioner for taking oaths (7) Every person who on the coming into force of section 1 of this Act was empowered to administer oaths and to take and receive affidavits, declarations and affirmations in or concerning proceedings in the Federal Court of Canada because of a commission under subsection 54(2) of the Federal Court Act is empowered in or outside Canada to administer oaths and to take and receive affidavits, declarations and affirmations in or concerning proceedings in the Federal Court of Appeal and the Federal Court as though the person had been so empowered by a commission under subsection 54(2) of the Federal Courts Act. Chief Justice of the Tax Court of Canada (8) The person holding the office of Chief Judge of the Tax Court of Canada on the coming into force of section 1 of this Act continues in office with their title in English being changed to Chief Justice of the Tax Court of Canada. Associate Chief Justice of the Tax Court of Canada (9) The person holding the office of Associate Chief Judge of the Tax Court of Canada on the coming into force of section 1 of this Act continues in office with their title in English being changed to Associate Chief Justice of the Tax Court of Canada. �� C. 8 Courts Administ Deputy judges of Tax Court of Canada (10) A person who, on the coming into force of section 1 of this Act, was authorized to act as a deputy judge of the Tax Court of Canada may act as a deputy judge of that Court if requested to do so by the Chief Justice of the Court. Interpretation (11) For the purposes of subsections 31(1) and (2) of the Judges Act, as enacted by subsection 90(1) of this Act, any period during which a person holds the office of Chief Justice or Associate Chief Justice of the Federal Court of Canada is deemed to be a period during which he or she holds the office of Chief Justice of the Federal Court of Appeal or the Federal Court. For greater certainty (12) For greater certainty, for the purposes of sections 31, 43 and 44 of the English version of the Judges Act, ‘‘Chief Justice’’ and ‘‘Associate Chief Justice’’ include ‘‘Chief Judge’’ and ‘‘Associate Chief Judge’’, respectively. Letters patent (13) Letters patent under the Great Seal may be issued under the authority of the Governor in Council to each of the persons referred to in subsections (1) to (4), (8) and (9) evidencing the person’s office by virtue of this section. Transfer of court employees (14) Nothing in this Act shall be construed as affecting the status of an employee, as defined in subsection 2(1) of the Public Service Employment Act, who, immediately before the coming into force of section 1 of this Act, occupied a position in or was a member of the staff of the Federal Court of Canada or the Tax Court of Canada, except that the employee, on that coming into force, occupies that position in the Courts Administration Service under the authority of the Chief Administrator of that Service. Jurisdiction 186. Any jurisdiction of the Federal Court of Appeal or the Federal Court created by this Act shall be exercised in respect of matters arising before or after the coming into force of section 1 of this Act. 2001-2002 Service administratif de Judicial review rules to apply to certain appeals 187. (1) The provisions of the Federal Court Rules, 1998 that govern applications to the Federal Court of Appeal under section 28 of the Federal Courts Act apply to appeals to the Federal Court of Appeal under subsection 27(1.2) of that Act, with any modifications that the circumstances require, until other provisions are made to govern those appeals. Other provisions to remain in force (2) All provisions of law and rules and orders regulating the practice and procedure in the Federal Court of Canada on the coming into force of section 1 of this Act remain in force until amended, repealed or otherwise determined, to the extent that they are not inconsistent with the provisions of this Act. Court proceedings to continue 188. Every proceeding taken in the Federal Court of Canada before the coming into force of section 1 of this Act shall be continued in conformity with the Federal Courts Act. Court premises and supplies 189. All premises and supplies assigned to the Federal Court of Canada and the Tax Court of Canada on the coming into force of section 1 of this Act shall be assigned to the Courts Administration Service. Appropriations 190. Any amount appropriated, for the fiscal year in which this section comes into force, by an appropriation Act based on the Estimates for that year for defraying the charges and expenses of the public service of Canada within the Registry of the Federal Court of Canada and the Registry of the Tax Court of Canada, is an amount appropriated for defraying the charges and expenses of the Courts Administration Service. Rules made previously 191. Rules that were made under section 46 of the Federal Court Act before the coming into force of section 44 of this Act are deemed to have been validly made and continue to have force as though they had been made under section 46 of the Federal Courts Act, as amended by section 44 of this Act. �� Special Import Measures Act C. 8 Courts Administ 192. Subsection 12(1.1), paragraphs 44(2)(a) and 59(1)(d) and subsections 77.01(1) and 77.1(1) of the Special Import Measures Act, as enacted or amended by sections 169 to 173 of this Act, apply to goods from a NAFTA country, as defined in subsection 2(1) of that Act. COORDINATING AMENDMENTS Bill S-23 193. If Bill S-23, introduced in the 1st session of the 37th Parliament and entitled An Act to amend the Customs Act and to make related amendments to other Acts (referred to in this section as the ‘‘other Act’’), receives royal assent and section 1 of this Act comes into force, then the portion of subsection 97.34(4) of the Customs Act before paragraph (a), as enacted by subsection 58(1) of the other Act, is replaced by the following: Effect of appeal (4) If a person has made a request under section 60 or 129 or has appealed under section 67 or 68 and the person agrees in writing with the Minister to delay proceedings on the request or appeal, as the case may be, until judgment has been given in another action before the Canadian International Trade Tribunal, the Federal Court, the Federal Court of Appeal or the Supreme Court of Canada, in which action the issue is the same or substantially the same as that raised in the request or appeal of the person, the Minister may take any of the actions described in subsection (1) for the purpose of collecting the amount payable, or a part of the amount payable, determined in a manner consistent with the decision or judgment in the other action at any time after the Minister notifies the person in writing that Bill C-11 194. If Bill C-11, introduced in the 1st session of the 37th Parliament and entitled the Immigration and Refugee Protection Act (referred to in this section as the ‘‘other Act’’), is assented to and section 1 of this Act comes into force, then (a) in the following provisions of the other Act, the expression ‘‘Federal Court — Trial Division’’ is replaced by the expression ‘‘Federal Court’’: 2001-2002 Service administratif de (i) paragraph 72(2)(b), and (ii) subsection 77(1); (b) in the following provisions of the other Act, the expression ‘‘Federal Court Act’’ is replaced by the expression ‘‘Federal Courts Act’’: (i) subsection 75(2), and (ii) subsection 79(2); and (c) subsection 75(1) of the other Act is replaced by the following: Rules 75. (1) Subject to the approval of the Governor in Council, the rules committee established under section 45.1 of the Federal Courts Act may make rules governing the practice and procedure in relation to applications for leave to commence an application for judicial review, for judicial review and for appeals. The rules are binding despite any rule or practice that would otherwise apply. (d) the definition ‘‘judge’’ in section 76 of the other Act is replaced by the following: ‘‘judge’’ « juge » ‘‘judge’’ means the Chief Justice of the Federal Court or a judge of that Court designated by the Chief Justice. (e) section 198 of the English version of the other Act is replaced by the following: Refugee Protection Division 198. The Refugee Protection Division has jurisdiction to consider decisions of the Convention Refugee Determination Division that are set aside by the Federal Court, the Federal Court of Appeal or the Supreme Court of Canada, and shall dispose of those matters in accordance with the provisions of this Act. Bill C-14 195. If Bill C-14, introduced in the 1st session of the 37th Parliament and entitled the Canada Shipping Act, 2001 (referred to in this section as the ‘‘other Act’’), receives royal assent and section 1 of this Act comes into force, then the expression ‘‘Federal Court Act’’ in subsection 251(3) of the other Act is replaced by the expression ‘‘Federal Courts Act’’. �� Bill C-16 C. 8 Courts Administ 196. If Bill C-16, introduced in the 1st session of the 37th Parliament and entitled the Charities Registration (Security Information) Act (referred to in this section as the ‘‘other Act’’), receives royal assent, if Bill C-11, introduced in the same session and entitled the Immigration and Refugee Protection Act, has not received royal assent, and if section 1 of this Act comes into force, then (a) the definition ‘‘judge’’ in section 3 of the other Act is replaced by the following: ‘‘judge’’ « juge » ‘‘judge’’ means the Chief Justice of the Federal Court or a judge of that Court designated by the Chief Justice. (b) the definition ‘‘judge’’ in section 4 of the other Act, as enacted by paragraph 20(b) of that Act, is replaced by the following: ‘‘judge’’ « juge » ‘‘judge’’ means the Chief Justice of the Federal Court or a judge of that Court designated by the Chief Justice. Bill C-16 197. If Bill C-11, introduced in the 1st session of the 37th Parliament and entitled the Immigration and Refugee Protection Act (referred to in this section as the ‘‘first Act’’), and Bill C-16, introduced in the same session and entitled the Charities Registration (Securities Information) Act (referred to in this section as the ‘‘second Act’’), receive royal assent, then (a) if the coming into force of section 1 of this Act precedes the coming into force of section 76 of the first Act and of section 1 of the second Act, the definition ‘‘judge’’ in section 3 of the second Act is replaced by the following: ‘‘judge’’ « juge » ‘‘judge’’ means the Chief Justice of the Federal Court or a judge of that Court designated by the Chief Justice. (b) if the coming into force of section 76 of the first Act and of section 1 of the second Act precede the coming into force of section 1 of this Act, the definition ‘‘judge’’ in section 4 of the second Act is replaced by the following: ‘‘judge’’ « juge » ‘‘judge’’ means the Chief Justice of the Federal Court or a judge of that Court designated by the Chief Justice. 2001-2002 Bill C-23 Service administratif de 198. If Bill C-23, introduced in the 1st session of the 37th Parliament and entitled An Act to amend the Competition Act and the Competition Tribunal Act (referred to in this section as the ‘‘other Act’’), receives royal assent and section 1 of this Act comes into force, then (a) paragraph 30.19(2)(a) of the Competition Act, as enacted by section 3 of the other Act, is replaced by the following: (a) to the Attorney General of Canada, in the case of an application to the Federal Court or the Federal Court of Appeal; (b) paragraph 30.19(2)(b) of the English version of the Competition Act, as enacted by section 3 of the other Act, is replaced by the following: (b) the attorney general of the province in which the exhibit is located, in the case of an application to a court other than the Federal Court or the Federal Court of Appeal; or (c) in the following provisions, the expression ‘‘Federal Court — Trial Division’’ is replaced by the expression ‘‘Federal Court’’: (i) paragraph (f) of the definition ‘‘judge’’ in section 30 of the Competition Act, as enacted by section 3 of the other Act, (ii) section 30.24 of the Competition Act, as enacted by section 3 of the other Act, (iii) subsection 73(1) of the Competition Act, as enacted by section 8 of the other Act, and (iv) paragraph 3(2)(a) of the Competition Tribunal Act, as enacted by section 16 of the other Act. �� C. 8 Courts Administ COMING INTO FORCE Coming into force 199. The provisions of this Act, other than sections 193 to 198, and the provisions of any Act enacted by this Act, come into force on a day or days to be fixed by order of the Governor in Council. 2001-2002 C. 8 Service administratif des tribu SCHEDULE (Section 58) SCHEDULE (Section 48) FEDERAL COURT Between A.B. Plaintiff and Her Majesty the Queen Defendant STATEMENT OF CLAIM Facts (State with convenient certainty the facts on which the plaintiff relies as entitling the plaintiff to relief.) Relief Sought The plaintiff therefore claims as follows: (a) (b) Dated at ................ the ................ day of ................, 20....... (Signature) Counsel for Plaintiff (or the plaintiff himself or herself if the plaintiff acts for himself or herself) Published under authority of the Speaker of the House of Commons Available from: Public Works and Government Services Canada — Publishing, Ottawa, Canada K1A 0S9 ��������� ����� ������ ����� ��� ���������� �������� �������������������� ������� ������ ��� ���

First Session, Thirty-seventh Parliament, 49-50-51 Elizabeth II, 2001-2002 STATUTES OF CANADA 2002 CHAPTER 13 An Act to amend the Criminal Code and to amend other Acts BILL C-15A ASSENTED TO 4th JUNE, 2002 RECOMMENDATION Her Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled ‘‘An Act to amend the Criminal Code and to amend other Acts’’. SUMMARY This enactment amends the Criminal Code by (a) adding offences and other measures that provide additional protection to children from sexual exploitation, including sexual exploitation involving use of the Internet; (b) increasing the maximum penalty for criminal harassment; (c) making home invasions an aggravating circumstance for sentencing purposes; (d) creating an offence of disarming, or attempting to disarm, a peace officer; (e) codifying and clarifying the review process for applications to the Minister of Justice with respect to allegations of miscarriage of justice; and (f) reforming and modernizing criminal procedure with respect to (i) procedural aspects of preliminary inquiries, (ii) the disclosure of expert evidence, (iii) rules of court in relation to case management and preliminary inquiries, (iv) electronic documents and remote appearances, (v) a plea comprehension inquiry scheme, (vi) private prosecutions, (vii) the selection of alternate jurors, and (viii) restriction on the use of agents. This enactment also amends the following Acts: (a) the National Capital Act, by increasing the maximum fine available; and (b) the National Defence Act, by providing for fingerprinting. ��� ������������� ������������ ��� ��������� �� ��� ������������� �������� ������������� �� ��� ��������� �������� ��������������������� 49-50-51 ELIZABETH II CHAPTER 13 An Act to amend the Criminal Code and to amend other Acts [Assented to 4th June, 2002] Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: SHORT TITLE Short title R.S., c. C-46 Effect of judicial acts 1999, c. 35, s. 11 1997, c. 16, s. 1 Consent of Attorney General 1999, c. 31, s. 67 Order of prohibition 1. This Act may be cited as the Criminal Law Amendment Act, 2001. CRIMINAL CODE 2. The Criminal Code is amended by adding the following before section 4: 3.1 Unless otherwise provided or ordered, anything done by a court, justice or judge is effective from the moment it is done, whether or not it is reduced to writing. 3. (1) Paragraph 7(2.31)(b) of the English version of the Act is replaced by the following: (b) is committed on or in relation to, or damages, a flight element provided by Canada. (2) Subsections 7(4.2) and (4.3) of the Act are replaced by the following: (4.3) Proceedings with respect to an act or omission deemed to have been committed in Canada under subsection (4.1) may only be instituted with the consent of the Attorney General. 4. (1) The portion of subsection 161(1) of the Act before paragraph (a) is replaced by the following: 161. (1) If an offender is convicted, or is discharged on the conditions prescribed in a probation order under section 730, of an offence under section 151, 152, 155 or 159, � C. 13 Criminal Law Am subsection 160(2) or (3) or section 163.1, 170, 171, 172.1, 271, 272, 273 or 281, in respect of a person who is under the age of fourteen years, the court that sentences the offender or directs that the accused be discharged, as the case may be, in addition to any other punishment that may be imposed for that offence or any other condition prescribed in the order of discharge, shall consider making and may make, subject to the conditions or exemptions that the court directs, an order prohibiting the offender from (2) Subsection 161(1) of the Act is amended by striking out the word ‘‘or’’ at the end of paragraph (a), by adding the word ‘‘or’’ at the end of paragraph (b) and by adding the following after paragraph (b): (c) using a computer system within the meaning of subsection 342.1(2) for the purpose of communicating with a person under the age of fourteen years. 1993, c. 46, s. 2 5. (1) The portion of paragraph 163.1(1)(a) of the French version of the Act before subparagraph (i) is replaced by the following: a) de toute représentation photographique, filmée, vidéo ou autre, réalisée ou non par des moyens mécaniques ou électroniques : 1993, c. 46, s. 2 (2) The portion of subsection 163.1(3) of the Act before paragraph (a) is replaced by the following: Distribution, etc. of child pornography (3) Every person who transmits, makes available, distributes, sells, imports, exports or possesses for the purpose of transmission, making available, distribution, sale or exportation any child pornography is guilty of (3) Section 163.1 of the Act is amended by adding the following after subsection (4): Accessing child pornography (4.1) Every person who accesses any child pornography is guilty of (a) an indictable offence and liable to imprisonment for a term not exceeding five years; or 2001-2002 Droit crimin (b) an offence punishable on summary conviction. Interpretation (4.2) For the purposes of subsection (4.1), a person accesses child pornography who knowingly causes child pornography to be viewed by, or transmitted to, himself or herself. 1993, c. 46, s. 2 (4) Subsections 163.1(6) and (7) of the Act are replaced by the following: Defences (6) Where the accused is charged with an offence under subsection (2), (3), (4) or (4.1), the court shall find the accused not guilty if the representation or written material that is alleged to constitute child pornography has artistic merit or an educational, scientific or medical purpose. Other provisions to apply (7) Subsections 163(3) to (5) apply, with such modifications as the circumstances require, with respect to an offence under subsection (2), (3), (4) or (4.1). 1993, s. 46, s. 3(2) 6. Subsection 164(4) of the Act is replaced by the following: Order of forfeiture (4) If the court is satisfied, on a balance of probabilities, that the publication, representation or written material referred to in subsection (1) is obscene, a crime comic or child pornography, it may make an order declaring the matter forfeited to Her Majesty in right of the province in which the proceedings take place, for disposal as the Attorney General may direct. 7. The Act is amended by adding the following after section 164: Warrant of seizure 164.1 (1) If a judge is satisfied by information on oath that there are reasonable grounds for believing that there is material, namely child pornography within the meaning of section 163.1 or data within the meaning of subsection 342.1(2) that makes child pornography available, that is stored on and made available through a computer system within the meaning of subsection 342.1(2) that is within the jurisdiction of the court, the judge may order the custodian of the computer system to (a) give an electronic copy of the material to the court; � C. 13 Criminal Law Am (b) ensure that the material is no longer stored on and made available through the computer system; and (c) provide the information necessary to identify and locate the person who posted the material. Notice to person who posted the material (2) Within a reasonable time after receiving the information referred to in paragraph (1)(c), the judge shall cause notice to be given to the person who posted the material, giving that person the opportunity to appear and be represented before the court, and show cause why the material should not be deleted. If the person cannot be identified or located or does not reside in Canada, the judge may order the custodian of the computer system to post the text of the notice at the location where the material was previously stored and made available, until the time set for the appearance. Person who posted the material may appear (3) The person who posted the material may appear and be represented in the proceedings in order to oppose the making of an order under subsection (5). Non-appearance (4) If the person who posted the material does not appear for the proceedings, the court may proceed ex parte to hear and determine the proceedings in the absence of the person as fully and effectually as if the person had appeared. Order (5) If the court is satisfied, on a balance of probabilities, that the material is child pornography within the meaning of section 163.1 or data within the meaning of subsection 342.1(2) that makes child pornography available, it may order the custodian of the computer system to delete the material. Destruction of copy (6) When the court makes the order for the deletion of the material, it may order the destruction of the electronic copy in the court’s possession. Return of material (7) If the court is not satisfied that the material is child pornography within the meaning of section 163.1 or data within the meaning of subsection 342.1(2) that makes child pornography available, the court shall order that the electronic copy be returned to the custodian and terminate the order under paragraph (1)(b). 2001-2002 Droit crimin Other provisions to apply (8) Subsections 164(6) to (8) apply, with any modifications that the circumstances require, to this section. When order takes effect (9) No order made under subsections (5) to (7) takes effect until the time for final appeal has expired. Forfeiture of things used for child pornography 164.2 (1) On application of the Attorney General, a court that convicts a person of an offence under section 163.1, in addition to any other punishment that it may impose, may order that any thing — other than real property — be forfeited to Her Majesty and disposed of as the Attorney General directs if it is satisfied, on a balance of probabilities, that the thing (a) was used in the commission of the offence; and (b) is the property of (i) the convicted person or another person who was a party to the offence, or (ii) a person who acquired the thing from a person referred to in subparagraph (i) under circumstances that give rise to a reasonable inference that it was transferred for the purpose of avoiding forfeiture. Third party rights (2) Before making an order under subsection (1), the court shall cause notice to be given to, and may hear, any person whom it considers to have an interest in the thing, and may declare the nature and extent of the person’s interest in it. Right of appeal — third party (3) A person who was heard in response to a notice given under subsection (2) may appeal to the court of appeal against an order made under subsection (1). Right of appeal — Attorney General (4) The Attorney General may appeal to the court of appeal against the refusal of a court to make an order under subsection (1). � C. 13 Criminal Law Am Application of Part XXI (5) Part XXI applies, with any modifications that the circumstances require, with respect to the procedure for an appeal under subsections (3) and (4). Relief from forfeiture 164.3 (1) Within thirty days after an order under subsection 164.2(1) is made, a person who claims an interest in the thing forfeited may apply in writing to a judge for an order under subsection (4). Hearing of application (2) The judge shall fix a day — not less than thirty days after the application is made — for its hearing. Notice to Attorney General (3) At least fifteen days before the hearing, the applicant shall cause notice of the application and of the hearing day to be served on the Attorney General. Order (4) The judge may make an order declaring that the applicant’s interest in the thing is not affected by the forfeiture and declaring the nature and extent of the interest if the judge is satisfied that the applicant (a) was not a party to the offence; and (b) did not acquire the thing from a person who was a party to the offence under circumstances that give rise to a reasonable inference that it was transferred for the purpose of avoiding forfeiture. Appeal to court of appeal (5) A person referred to in subsection (4) or the Attorney General may appeal to the court of appeal against an order made under that subsection. Part XXI applies, with any modifications that the circumstances require, with respect to the procedure for an appeal under this subsection. Powers of Attorney General (6) On application by a person who obtained an order under subsection (4), made after the expiration of the time allowed for an appeal against the order and, if an appeal is taken, after it has been finally disposed of, the Attorney General shall direct that (a) the thing be returned to the person; or (b) an amount equal to the value of the extent of the person’s interest, as declared in the order, be paid to the person. 2001-2002 Droit crimin 8. The Act is amended by adding the following after section 172: Luring a child 172.1 (1) Every person commits an offence who, by means of a computer system within the meaning of subsection 342.1(2), communicates with (a) a person who is, or who the accused believes is, under the age of eighteen years, for the purpose of facilitating the commission of an offence under subsection 153(1), section 155 or 163.1, subsection 212(1) or (4) or section 271, 272 or 273 with respect to that person; (b) a person who is, or who the accused believes is, under the age of sixteen years, for the purpose of facilitating the commission of an offence under section 280 with respect to that person; or (c) a person who is, or who the accused believes is, under the age of fourteen years, for the purpose of facilitating the commission of an offence under section 151 or 152, subsection 160(3) or 173(2) or section 281 with respect to that person. Punishment (2) Every person who commits an offence under subsection (1) is guilty of (a) an indictable offence and liable to imprisonment for a term of not more than five years; or (b) an offence punishable on summary conviction. Presumption re age (3) Evidence that the person referred to in paragraph (1)(a), (b) or (c) was represented to the accused as being under the age of eighteen years, sixteen years or fourteen years, as the case may be, is, in the absence of evidence to the contrary, proof that the accused believed that the person was under that age. No defence (4) It is not a defence to a charge under paragraph (1)(a), (b) or (c) that the accused believed that the person referred to in that paragraph was at least eighteen years of age, sixteen years or fourteen years of age, as the case may be, unless the accused took reasonable steps to ascertain the age of the person. 9. The definition ‘‘child’’ in section 214 of the Act is repealed. � 1993, c. 45, s. 2 C. 13 Criminal Law Am 10. Paragraph 264(3)(a) of the Act is replaced by the following: (a) an indictable offence and is liable to imprisonment for a term not exceeding ten years; or 11. The Act is amended by adding the following after section 270: Disarming a peace officer 270.1 (1) Every one commits an offence who, without the consent of a peace officer, takes or attempts to take a weapon that is in the possession of the peace officer when the peace officer is engaged in the execution of his or her duty. Definition of ‘‘weapon’’ (2) For the purpose of subsection (1), ‘‘weapon’’ means any thing that is designed to be used to cause injury or death to, or to temporarily incapacitate, a person. Punishment (3) Every one who commits an offence under subsection (1) is guilty of (a) an indictable offence and liable to imprisonment for a term of not more than five years; or (b) an offence punishable on summary conviction and liable to imprisonment for a term of not more than eighteen months. R.S., c. 19 (3rd Supp.), s. 11 12. Sections 274 and 275 of the Act are replaced by the following: Corroboration not required 274. If an accused is charged with an offence under section 151, 152, 153, 153.1, 155, 159, 160, 170, 171, 172, 173, 212, 271, 272 or 273, no corroboration is required for a conviction and the judge shall not instruct the jury that it is unsafe to find the accused guilty in the absence of corroboration. Rules respecting recent complaint abrogated 275. The rules relating to evidence of recent complaint are hereby abrogated with respect to offences under sections 151, 152, 153, 153.1, 155 and 159, subsections 160(2) and (3) and sections 170, 171, 172, 173, 271, 272 and 273. 1992, c. 38, s. 2 13. The portion of subsection 276(1) of the Act before paragraph (a) is replaced by the following: 2001-2002 Droit crimin Evidence of complainant’s sexual activity 276. (1) In proceedings in respect of an offence under section 151, 152, 153, 153.1, 155 or 159, subsection 160(2) or (3) or section 170, 171, 172, 173, 271, 272 or 273, evidence that the complainant has engaged in sexual activity, whether with the accused or with any other person, is not admissible to support an inference that, by reason of the sexual nature of that activity, the complainant R.S., c. 19 (3rd Supp.), s. 13 14. Section 277 of the Act is replaced by the following: Reputation evidence 277. In proceedings in respect of an offence under section 151, 152, 153, 153.1, 155 or 159, subsection 160(2) or (3) or section 170, 171, 172, 173, 271, 272 or 273, evidence of sexual reputation, whether general or specific, is not admissible for the purpose of challenging or supporting the credibility of the complainant. 15. The Act is amended by adding the following after section 348: Aggravating circumstance — home invasion 348.1 If a person is convicted of an offence under any of subsection 279(2) or sections 343, 346 and 348 in relation to a dwellinghouse, the court imposing the sentence on the person shall consider as an aggravating circumstance the fact that the dwelling-house was occupied at the time of the commission of the offence and that the person, in committing the offence, (a) knew that or was reckless as to whether the dwelling-house was occupied; and (b) used violence or threats of violence to a person or property. R.S., c. 42 (4th Supp.), s. 2; 1996, c. 19, par. 70(j) 16. Section 462.47 of the French version of the Act is replaced by the following: Nullité des actions contre les informateurs 462.47 Il est entendu que, sous réserve de l’article 241 de la Loi de l’impôt sur le revenu, aucune action ne peut être intentée contre une personne pour le motif qu’elle aurait révélé à un agent de la paix ou au procureur général des faits sur lesquels elle se fonde pour avoir des motifs raisonnables de soupçonner que des �� C. 13 Criminal Law Am biens sont des produits de la criminalité ou pour croire qu’une autre personne a commis une infraction de criminalité organisée ou une infraction désignée ou s’apprête à le faire. R.S., c. 27 (1st Supp.), s. 66(1) 17. (1) Subsection 482(2) of the Act is replaced by the following: Power to make rules (2) The following courts may, subject to the approval of the lieutenant governor in council of the relevant province, make rules of court not inconsistent with this Act or any other Act of Parliament that are applicable to any prosecution, proceeding, including a preliminary inquiry or proceedings within the meaning of Part XXVII, action or appeal, as the case may be, within the jurisdiction of that court, instituted in relation to any matter of a criminal nature or arising from or incidental to the prosecution, proceeding, action or appeal: (a) every court of criminal jurisdiction for a province; (b) every appeal court within the meaning of section 812 that is not a court referred to in subsection (1); (c) the Ontario Court of Justice; (d) the Court of Quebec and every municipal court in the Province of Quebec; (e) the Provincial Court of Nova Scotia; (f) the Provincial Court of New Brunswick; (g) the Provincial Court of Manitoba; (h) the Provincial Court of British Columbia; (i) the Provincial Court of Prince Edward Island; (j) the Provincial Court of Saskatchewan; (k) the Provincial Court of Alberta; (l) the Provincial Court of Newfoundland; (m) the Territorial Court of Yukon; (n) the Territorial Court of the Northwest Territories; and (o) the Nunavut Court of Justice. R.S., c. 27 (1st Supp.), s. 66(3) (2) Paragraph 482(3)(c) of the Act is replaced by the following: 2001-2002 Droit crimin (c) to regulate the pleading, practice and procedure in criminal matters, including pre-hearing conferences held under section 625.1, proceedings with respect to judicial interim release and preliminary inquiries and, in the case of rules under subsection (1), proceedings with respect to mandamus, certiorari, habeas corpus, prohibition and procedendo and proceedings on an appeal under section 830; and 18. The Act is amended by adding the following after section 482: Power to make rules respecting case management 482.1 (1) A court referred to in subsection 482(1) or (2) may make rules for case management, including rules (a) for the determination of any matter that would assist the court in effective and efficient case management; (b) permitting personnel of the court to deal with administrative matters relating to proceedings out of court if the accused is represented by counsel; and (c) establishing case management schedules. Compliance with directions (2) The parties to a case shall comply with any direction made in accordance with a rule made under subsection (1). Summons or warrant (3) If rules are made under subsection (1), a court, justice or judge may issue a summons or warrant to compel the presence of the accused at case management proceedings. Provisions to apply (4) Section 512 and subsection 524(1) apply, with any modifications that the circumstances require, to the issuance of a summons or a warrant under subsection (3). Approval of lieutenant governor in council (5) Rules made under this section by a court referred to in subsection 482(2) must be approved by the lieutenant governor in council of the relevant province in order to come into force. �� C. 13 Criminal Law Am Subsections 482(4) and (5) to apply (6) Subsections 482(4) and (5) apply, with any modifications that the circumstances require, to rules made under subsection (1). 1997, c. 18, s. 40 19. Subsection 485(1.1) of the Act is replaced by the following: When accused not present (1.1) Jurisdiction over an accused is not lost by reason of the failure of the accused to appear personally, so long as subsection 515(2.2), paragraph 537(1)(j), (j.1) or (k), subsection 650(1.1) or (1.2), paragraph 650(2)(b) or 650.01(3)(a), subsection 683(2.1) or 688(2.1) or a rule of court made under section 482 or 482.1 applies. 1997, c. 16, s. 6(1) 20. Subsection 486(2.1) of the Act is replaced by the following: Testimony outside court room (2.1) Despite section 650, if an accused is charged with an offence under section 151, 152, 153, 153.1, 155 or 159, subsection 160(2) or (3) or section 163.1, 170, 171, 172, 173, 210, 211, 212, 213, 266, 267, 268, 271, 272 or 273 and the complainant or any witness, at the time of the trial or preliminary inquiry, is under the age of eighteen years or is able to communicate evidence but may have difficulty doing so by reason of a mental or physical disability, the presiding judge or justice, as the case may be, may order that the complainant or witness testify outside the court room or behind a screen or other device that would allow the complainant or witness not to see the accused, if the judge or justice is of the opinion that the exclusion is necessary to obtain a full and candid account of the acts complained of from the complainant or witness. R.S., c. 27 (1st Supp.), s. 78(1) 21. The portion of subsection 507(1) of the Act before paragraph (a) is replaced by the following: Justice to hear informant and witnesses — public prosecutions 507. (1) Subject to subsection 523(1.1), a justice who receives an information laid under section 504 by a peace officer, a public officer, the Attorney General or the Attorney General’s agent, other than an information laid before the justice under section 505, shall, except if an accused has already been arrested with or without a warrant, 2001-2002 Droit crimin 22. The Act is amended by adding the following after section 507: Referral when private prosecution 507.1 (1) A justice who receives an information laid under section 504, other than an information referred to in subsection 507(1), shall refer it to a provincial court judge or, in Quebec, a judge of the Court of Quebec, or to a designated justice, to consider whether to compel the appearance of the accused on the information. Summons or warrant (2) A judge or designated justice to whom an information is referred under subsection (1) and who considers that a case for doing so is made out shall issue either a summons or warrant for the arrest of the accused to compel him or her to attend before a justice to answer to a charge of the offence charged in the information. Conditions for issuance (3) The judge or designated justice may issue a summons or warrant only if he or she (a) has heard and considered the allegations of the informant and the evidence of witnesses; (b) is satisfied that the Attorney General has received a copy of the information; (c) is satisfied that the Attorney General has received reasonable notice of the hearing under paragraph (a); and (d) has given the Attorney General an opportunity to attend the hearing under paragraph (a) and to cross-examine and call witnesses and to present any relevant evidence at the hearing. Appearance of Attorney General (4) The Attorney General may appear at the hearing held under paragraph (3)(a) without being deemed to intervene in the proceeding. Information deemed not to have been laid (5) If the judge or designated justice does not issue a summons or warrant under subsection (2), he or she shall endorse the information with a statement to that effect. Unless the informant, not later than six months after the endorsement, commences proceedings to compel the judge or designated justice to issue a summons or warrant, the information is deemed never to have been laid. �� C. 13 Criminal Law Am Information deemed not to have been laid — proceedings commenced (6) If proceedings are commenced under subsection (5) and a summons or warrant is not issued as a result of those proceedings, the information is deemed never to have been laid. New evidence required for new hearing (7) If a hearing in respect of an offence has been held under paragraph (3)(a) and the judge or designated justice has not issued a summons or a warrant, no other hearings may be held under that paragraph with respect to the offence or an included offence unless there is new evidence in support of the allegation in respect of which the hearing is sought to be held. Subsections 507(2) to (8) to apply (8) Subsections 507(2) to (8) apply to proceedings under this section. Non-application — informations laid under sections 810 and 810.1 (9) Subsections (1) to (8) do not apply in respect of an information laid under section 810 or 810.1. Definition of ‘‘designated justice’’ (10) In this section, ‘‘designated justice’’ means a justice designated for the purpose by the chief judge of the provincial court having jurisdiction in the matter or, in Quebec, a justice designated by the chief judge of the Court of Quebec. 1997, c. 39, s. 2 23. Paragraph 529.1(b) of the Act is replaced by the following: (b) grounds exist to arrest the person without warrant under paragraph 495(1)(a) or (b) or section 672.91; or R.S., c. 27 (1st Supp.), s. 96 24. Section 535 of the Act is replaced by the following: Inquiry by justice 535. If an accused who is charged with an indictable offence is before a justice and a request has been made for a preliminary inquiry under subsection 536(4) or 536.1(3), the justice shall, in accordance with this Part, inquire into the charge and any other indictable offence, in respect of the same transaction, founded on the facts that are disclosed by the evidence taken in accordance with this Part. R.S., c. 27 (1st Supp.), s. 96 25. (1) Subsection 536(2) of the Act is replaced by the following: 2001-2002 Election before justice in certain cases Droit crimin (2) If an accused is before a justice charged with an indictable offence, other than an offence listed in section 469, and the offence is not one over which a provincial court judge has absolute jurisdiction under section 553, the justice shall, after the information has been read to the accused, put the accused to an election in the following words: You have the option to elect to be tried by a provincial court judge without a jury and without having had a preliminary inquiry; or you may elect to be tried by a judge without a jury; or you may elect to be tried by a court composed of a judge and jury. If you do not elect now, you are deemed to have elected to be tried by a court composed of a judge and jury. If you elect to be tried by a judge without a jury or by a court composed of a judge and jury or if you are deemed to have elected to be tried by a court composed of a judge and jury, you will have a preliminary inquiry only if you or the prosecutor requests one. How do you elect to be tried? R.S., c. 27 (1st Supp.), s. 96 (2) Subsection 536(4) of the Act is replaced by the following: Request for preliminary inquiry (4) If an accused elects to be tried by a judge without a jury or by a court composed of a judge and jury or does not elect when put to the election or is deemed under paragraph 565(1)(b) to have elected to be tried by a court composed of a judge and jury, the justice shall, subject to section 577, on the request of the accused or the prosecutor made at that time or within the period fixed by rules of court made under section 482 or 482.1 or, if there are no such rules, by the justice, hold a preliminary inquiry into the charge. Procedure if accused elects trial by judge alone or by judge and jury or deemed election (4.1) If an accused elects to be tried by a judge without a jury or by a court composed of a judge and jury or does not elect when put to the election or is deemed under paragraph 565(1)(b) to have elected to be tried by a court composed of a judge and jury, the justice shall endorse on the information and, if the accused is in custody, on the warrant of remand, a statement showing �� C. 13 Criminal Law Am (a) the nature of the election or deemed election of the accused or that the accused did not elect, as the case may be; and (b) whether the accused or the prosecutor has requested that a preliminary inquiry be held. Preliminary inquiry if two or more accused (4.2) If two or more persons are jointly charged in an information and one or more of them make a request for a preliminary inquiry under subsection (4), a preliminary inquiry must be held with respect to all of them. When no request for preliminary inquiry (4.3) If no request for a preliminary inquiry is made under subsection (4), the justice shall fix the date for the trial or the date on which the accused must appear in the trial court to have the date fixed. 1999, c. 3, s. 35 26. Subsections 536.1(2) to (5) of the Act are replaced by the following: Election before justice in certain cases — Nunavut (2) If an accused is before a justice of the peace or a judge charged with an indictable offence, other than an offence mentioned in section 469 or 553, the justice of the peace or judge shall, after the information has been read to the accused, put the accused to an election in the following words: You have the option to elect to be tried by a judge without a jury or to be tried by a court composed of a judge and jury. If you do not elect now, you are deemed to have elected to be tried by a court composed of a judge and jury. If you elect to be tried by a judge without a jury or by a court composed of a judge and jury or if you are deemed to have elected to be tried by a court composed of a judge and jury, you will have a preliminary inquiry only if you or the prosecutor requests one. How do you elect to be tried? Request for preliminary inquiry — Nunavut (3) If an accused elects to be tried by a judge without a jury or by a court composed of a judge and jury or does not elect when put to the election or is deemed under paragraph 565(1)(b) to have elected to be tried by a court composed of a judge and jury, the justice or judge shall, subject to section 577, on the request of the accused or the prosecutor made at that time or within the period fixed by rules 2001-2002 Droit crimin of court made under section 482 or 482.1 or, if there are no such rules, by the judge or justice, hold a preliminary inquiry into the charge. Procedure if accused elects trial by judge alone or by judge and jury or deemed election (4) If an accused elects to be tried by a judge without a jury or by a court composed of a judge and jury or does not elect when put to the election or is deemed under paragraph 565(1)(b) to have elected to be tried by a court composed of a judge and jury, the justice or judge shall endorse on the information and, if the accused is in custody, on the warrant of remand, a statement showing (a) the nature of the election or deemed election of the accused or that the accused did not elect, as the case may be; and (b) whether the accused or the prosecutor has requested that a preliminary inquiry be held. Preliminary inquiry if two or more accused (4.1) If two or more persons are jointly charged in an information and one or more of them make a request for a preliminary inquiry under subsection (3), a preliminary inquiry must be held with respect to all of them. Procedure if accused elects trial by judge — Nunavut (4.2) If no request for a preliminary inquiry is made under subsection (3), (a) if the accused is before a justice of the peace, the justice of the peace shall remand the accused to appear and plead to the charge before a judge; or (b) if the accused is before a judge, the judge shall (i) if the accused elects to be tried by a judge without a jury, call on the accused to plead to the charge and if the accused does not plead guilty, proceed with the trial or fix a time for the trial, or (ii) if the accused elects or is deemed to have elected to be tried by a court composed of a judge and jury, fix a time for the trial. �� Jurisdiction — Nunavut C. 13 Criminal Law Am (5) If a justice of the peace before whom a preliminary inquiry is being or is to be held has not commenced to take evidence, any justice of the peace having jurisdiction in Nunavut has jurisdiction for the purpose of subsection (3). 27. The Act is amended by adding the following after section 536.1: Elections and re-elections in writing 536.2 An election or a re-election by an accused in respect of a mode of trial may be made by submission of a document in writing without the personal appearance of the accused. Procedures before Preliminary Inquiry Statement of issues and witnesses 536.3 If a request for a preliminary inquiry is made, the prosecutor or, if the request was made by the accused, counsel for the accused shall, within the period fixed by rules of court made under section 482 or 482.1 or, if there are no such rules, by the justice, provide the court and the other party with a statement that identifies (a) the issues on which the requesting party wants evidence to be given at the inquiry; and (b) the witnesses that the requesting party wants to hear at the inquiry. Order for hearing 536.4 (1) The justice before whom a preliminary inquiry is to be held may order, on application of the prosecutor or the accused or on the justice’s own motion, that a hearing be held, within the period fixed by rules of court made under section 482 or 482.1 or, if there are no such rules, by the justice, to (a) assist the parties to identify the issues on which evidence will be given at the inquiry; (b) assist the parties to identify the witnesses to be heard at the inquiry, taking into account the witnesses’ needs and circumstances; and (c) encourage the parties to consider any other matters that would promote a fair and expeditious inquiry. 2001-2002 Droit crimin Agreement to be recorded (2) When the hearing is completed, the justice shall record any admissions of fact agreed to by the parties and any agreement reached by the parties. Agreement to limit scope of preliminary inquiry 536.5 Whether or not a hearing is held under section 536.4 in respect of a preliminary inquiry, the prosecutor and the accused may agree to limit the scope of the preliminary inquiry to specific issues. An agreement shall be filed with the court or recorded under subsection 536.4(2), as the case may be. 28. (1) Paragraph 537(1)(i) of the Act is replaced by the following: (i) regulate the course of the inquiry in any way that appears to the justice to be consistent with this Act and that, unless the justice is satisfied that to do so would be contrary to the best interests of the administration of justice, is in accordance with any admission of fact or agreement recorded under subsection 536.4(2) or agreement made under section 536.5; (2) Subsection 537(1) of the Act is amended by striking out the word ‘‘and’’ at the end of paragraph (j) and by adding the following after paragraph (j): (j.1) permit, on the request of the accused, that the accused be out of court during the whole or any part of the inquiry on any conditions that the justice considers appropriate; and (3) Section 537 of the Act is amended by adding the following after subsection (1): Inappropriate questioning (1.1) A justice acting under this Part shall order the immediate cessation of any part of an examination or cross-examination of a witness that is, in the opinion of the justice, abusive, too repetitive or otherwise inappropriate. 29. (1) Paragraph 540(1)(a) of the Act is replaced by the following: (a) take the evidence under oath of the witnesses called on the part of the prosecution and allow the accused or counsel for the accused to cross-examine them; and �� C. 13 Criminal Law Am (2) Section 540 of the Act is amended by adding the following after subsection (6): Evidence (7) A justice acting under this Part may receive as evidence any information that would not otherwise be admissible but that the justice considers credible or trustworthy in the circumstances of the case, including a statement that is made by a witness in writing or otherwise recorded. Notice of intention to tender (8) Unless the justice orders otherwise, no information may be received as evidence under subsection (7) unless the party has given to each of the other parties reasonable notice of his or her intention to tender it, together with a copy of the statement, if any, referred to in that subsection. Appearance for examination (9) The justice shall, on application of a party, require any person whom the justice considers appropriate to appear for examination or cross-examination with respect to information intended to be tendered as evidence under subsection (7). R.S., c. 27 (1st Supp.), s. 101(3) (Sch. II, s. 3) 30. Subsection 549(2) of the Act is replaced by the following: Limited preliminary inquiry (1.1) If the prosecutor and the accused agree under section 536.5 to limit the scope of a preliminary inquiry to specific issues, the justice, without recording evidence on any other issues, may order the accused to stand trial in the court having criminal jurisdiction. Procedure (2) If an accused is ordered to stand trial under this section, the justice shall endorse on the information a statement of the consent of the accused and the prosecutor, and the accused shall after that be dealt with in all respects as if ordered to stand trial under section 548. 1999, c. 3, s. 38 31. Subsection 554(2) of the Act is replaced by the following: Nunavut (2) With respect to criminal proceedings in Nunavut, if an accused is charged in an information with an indictable offence other than an offence that is mentioned in section 2001-2002 Droit crimin 469 and the offence is not one over which a judge of the Nunavut Court of Justice has absolute jurisdiction under section 553, a judge of the Nunavut Court of Justice may try the accused if the accused elects to be tried by a judge without a jury. R.S., c. 27 (1st Supp.), s. 106 32. Paragraph 555(3)(a) of the Act is replaced by the following: (a) if the accused elects to be tried by a judge without a jury or a court composed of a judge and jury or does not elect when put to his or her election, the provincial court judge shall continue the proceedings as a preliminary inquiry under Part XVIII and, if the provincial court judge orders the accused to stand trial, he or she shall endorse on the information a record of the election; and 1999, c. 3, s. 39 33. Subsections 555.1(3) and (4) of the Act are replaced by the following: Continuation as preliminary inquiry — Nunavut (3) A judge shall continue the proceedings as a preliminary inquiry under Part XVIII if the accused is put to an election under subsection (2) and elects to be tried by a judge without a jury and requests a preliminary inquiry under subsection 536.1(3) or elects to be tried by a court composed of a judge and jury or does not elect when put to the election. Continuing proceedings — Nunavut (4) If an accused is put to an election under subsection (2) and elects to be tried by a judge without a jury and does not request a preliminary inquiry under subsection 536.1(3), the judge shall endorse on the information a record of the election and continue with the trial. R.S., c. 27 (1st Supp.), s. 107 34. (1) Paragraph 556(2)(b) of the Act is replaced by the following: (b) shall, if the charge is not one over which he or she has absolute jurisdiction, fix the date for the trial or the date on which the accused corporation must appear in the trial court to have that date fixed. 1999, c. 3, s. 40(2) (2) Subsection 556(3) of the Act is replaced by the following: �� C. 13 Criminal Law Am Preliminary inquiry not requested (3) If an accused corporation appears and a preliminary inquiry is not requested under subsection 536(4), the provincial court judge shall fix the date for the trial or the date on which the corporation must appear in the trial court to have that date fixed. Preliminary inquiry not requested — Nunavut (4) If an accused corporation appears and a preliminary inquiry is not requested under subsection 536.1(3), the justice of the peace or the judge of the Nunavut Court of Justice shall fix the date for the trial or the date on which the corporation must appear in the trial court to have that date fixed. 1999, c. 3, s. 41 35. Section 557 of the Act is replaced by the following: Taking evidence 557. If an accused is tried by a provincial court judge or a judge of the Nunavut Court of Justice in accordance with this Part, the evidence of witnesses for the prosecutor and the accused must be taken in accordance with the provisions of Part XVIII, other than subsections 540(7) to (9), relating to preliminary inquiries. 1999, c. 3, s. 42 36. The portion of subsection 560(1) of the Act before paragraph (a) is replaced by the following: Duty of judge 560. (1) If an accused elects, under section 536 or 536.1, to be tried by a judge without a jury, a judge having jurisdiction shall R.S., c. 27 (1st Supp.), s. 110 37. Subsection 561(2) of the Act is replaced by the following: Right to re-elect (2) An accused who elects to be tried by a provincial court judge or who does not request a preliminary inquiry under subsection 536(4) may, not later than 14 days before the day first appointed for the trial, re-elect as of right another mode of trial, and may do so after that time with the written consent of the prosecutor. 1999, c. 3, s. 43 38. (1) Subsections 561.1(1) to (3) of the Act are replaced by the following: Right to re-elect with consent — Nunavut 561.1 (1) An accused who has elected or is deemed to have elected a mode of trial may re-elect any other mode of trial at any time with the written consent of the prosecutor. 2001-2002 Droit crimin Right to re-elect before trial — Nunavut (2) An accused who has elected or is deemed to have elected a mode of trial but has not requested a preliminary inquiry under subsection 536.1(3) may, as of right, re-elect to be tried by any other mode of trial at any time up to 14 days before the day first appointed for the trial. Right to re-elect at preliminary inquiry — Nunavut (3) An accused who has elected or is deemed to have elected a mode of trial and has requested a preliminary inquiry under subsection 536.1(3) may, as of right, re-elect to be tried by the other mode of trial at any time before the completion of the preliminary inquiry or before the 15th day after its completion. 1999, c. 3, s. 43 (2) Subsections 561.1(5) to (7) of the Act are replaced by the following: Notice at preliminary inquiry — Nunavut (5) If at a preliminary inquiry an accused wishes to re-elect under subsection (1) or (3) to be tried by a judge without a jury but does not wish to request a preliminary inquiry under subsection 536.1(3), the presiding justice of the peace shall notify a judge or a clerk of the Nunavut Court of Justice of the accused’s intention to re-elect and send to the judge or clerk the information and any promise to appear, undertaking or recognizance given or entered into in accordance with Part XVI, or any evidence taken before a coroner, that is in the possession of the justice of the peace. Notice when no preliminary inquiry or preliminary inquiry completed — Nunavut (6) If an accused who has not requested a preliminary inquiry under subsection 536.1(3) or who has had one wishes to re-elect under this section, the accused shall give notice in writing of the wish to re-elect together with the written consent of the prosecutor, if that consent is required, to the judge before whom the accused appeared and pleaded or to a clerk of the Nunavut Court of Justice. 1999, c. 3, s. 44 39. Subsections 562.1(1) and (2) of the Act are replaced by the following: Proceedings following re-election — Nunavut 562.1 (1) If the accused re-elects under subsection 561.1(1) to be tried by a judge without a jury and does not request a preliminary inquiry under subsection 536.1(3), the judge shall proceed with the trial or appoint a time and place for the trial. �� C. 13 Criminal Law Am Proceedings following re-election — Nunavut (2) If the accused re-elects under section 561.1 before the completion of the preliminary inquiry to be tried by a judge without a jury or by a court composed of a judge and jury, and requests a preliminary inquiry under subsection 536.1(3), the justice of the peace or judge shall proceed with the preliminary inquiry. 1999, c. 3, s. 45 40. The portion of subsection 563.1(1) of the Act before paragraph (a) is replaced by the following: Proceedings on re-election to be tried by judge without jury — Nunavut 563.1 (1) If an accused re-elects under section 561.1 to be tried by a judge without a jury and does not request a preliminary inquiry under subsection 536.1(3), R.S., c. 27 (1st Supp.), s. 111 41. Subsection 565(2) of the Act is replaced by the following: When direct indictment preferred (2) If an accused is to be tried after an indictment has been preferred against the accused pursuant to a consent or order given under section 577, the accused is, for the purposes of the provisions of this Part relating to election and re-election, deemed both to have elected to be tried by a court composed of a judge and jury and not to have requested a preliminary inquiry under subsection 536(4) or 536.1(3) and may, with the written consent of the prosecutor, re-elect to be tried by a judge without a jury without a preliminary inquiry. 1999, c. 3, s. 47 42. Subsections 566.1(1) and (2) of the Act are replaced by the following: Indictment — Nunavut 566.1 (1) The trial of an accused for an indictable offence, other than an indictable offence referred to in section 553 or an offence in respect of which the accused has elected or re-elected to be tried by a judge without a jury and in respect of which no party has requested a preliminary inquiry under subsection 536.1(3), must be on an indictment in writing setting out the offence with which the accused is charged. 2001-2002 Droit crimin Preferring indictment — Nunavut (2) If an accused elects under section 536.1 or re-elects under section 561.1 to be tried by a judge without a jury and one of the parties requests a preliminary inquiry under subsection 536.1(3), an indictment in Form 4 may be preferred. R.S., c. 27 (1st Supp), s. 111; 1999, c. 3, s. 48 43. Sections 567 to 568 of the Act are replaced by the following: Mode of trial when two or more accused 567. Despite any other provision of this Part, if two or more persons are jointly charged in an information, unless all of them elect or re-elect or are deemed to have elected the same mode of trial, the justice, provincial court judge or judge may decline to record any election, re-election or deemed election for trial by a provincial court judge or a judge without a jury. Mode of trial if two or more accused — Nunavut 567.1 (1) Despite any other provision of this Part, if two or more persons are jointly charged in an information, unless all of them elect or re-elect or are deemed to have elected the same mode of trial, the justice of the peace or judge may decline to record any election, re-election or deemed election for trial by a judge without a jury. Application to Nunavut (2) This section, and not section 567, applies in respect of criminal proceedings in Nunavut. Attorney General may require trial by jury 568. Even if an accused elects under section 536 or re-elects under section 561 to be tried by a judge or provincial court judge, the Attorney General may require the accused to be tried by a court composed of a judge and jury unless the alleged offence is one that is punishable with imprisonment for five years or less. If the Attorney General so requires, a judge or provincial court judge has no jurisdiction to try the accused under this Part and a preliminary inquiry must be held if requested under subsection 536(4), unless one has already been held. �� C. 13 Criminal Law Am 1999, c. 3, s. 49 44. Subsection 569(1) of the Act is replaced by the following: Attorney General may require trial by jury — Nunavut 569. (1) Even if an accused elects under section 536.1 or re-elects under section 561.1 to be tried by a judge without a jury, the Attorney General may require the accused to be tried by a court composed of a judge and jury unless the alleged offence is one that is punishable with imprisonment for five years or less. If the Attorney General so requires, a judge has no jurisdiction to try the accused under this Part and a preliminary inquiry must be held if requested under subsection 536.1(3), unless one has already been held. R.S., c. 27, (1st Supp.), s. 113 45. Section 574 of the Act is replaced by the following: Prosecutor may prefer indictment 574. (1) Subject to subsection (3), the prosecutor may, whether the charges were included in one information or not, prefer an indictment against any person who has been ordered to stand trial in respect of (a) any charge on which that person was ordered to stand trial; or (b) any charge founded on the facts disclosed by the evidence taken on the preliminary inquiry, in addition to or in substitution for any charge on which that person was ordered to stand trial. Preferring indictment when no preliminary inquiry requested (1.1) If a person has not requested a preliminary inquiry under subsection 536(4) or 536.1(3) into the charge, the prosecutor may, subject to subsection (3), prefer an indictment against a person in respect of a charge set out in an information or informations, or any included charge, at any time after the person has made an election, re-election or deemed election on the information or informations. 2001-2002 Droit crimin Preferring single indictment (1.2) If indictments may be preferred under both subsections (1) and (1.1), the prosecutor may prefer a single indictment in respect of one or more charges referred to in subsection (1) combined with one or more charges or included charges referred to in subsection (1.1). Consent to inclusion of other charges (2) An indictment preferred under any of subsections (1) to (1.2) may, if the accused consents, include a charge that is not referred to in those subsections, and the offence charged may be dealt with, tried and determined and punished in all respects as if it were an offence in respect of which the accused had been ordered to stand trial. However, if the offence was committed wholly in a province other than that in which the accused is before the court, subsection 478(3) applies. Private prosecutor requires consent (3) In a prosecution conducted by a prosecutor other than the Attorney General and in which the Attorney General does not intervene, an indictment may not be preferred under any of subsections (1) to (1.2) before a court without the written order of a judge of that court. R.S., c. 27 (1st Supp.), s. 115, c. 1 (4th Supp.), s. 18 (Sch. I, s. 15) (F) 46. Section 577 of the Act is replaced by the following: Direct indictments 577. Despite section 574, an indictment may be preferred even if the accused has not been given the opportunity to request a preliminary inquiry, a preliminary inquiry has been commenced but not concluded or a preliminary inquiry has been held and the accused has been discharged, if (a) in the case of a prosecution conducted by the Attorney General or one in which the Attorney General intervenes, the personal consent in writing of the Attorney General or Deputy Attorney General is filed in court; or (b) in any other case, a judge of the court so orders. 47. The Act is amended by adding the following after section 579: �� C. 13 Criminal Law Am When Attorney General does not stay proceedings 579.01 If the Attorney General intervenes in proceedings and does not stay them under section 579, he or she may, without conducting the proceedings, call witnesses, examine and cross-examine witnesses, present evidence and make submissions. 1999, c. 3, s. 51(2) 48. Subsection 598(2) of the English version of the Act is replaced by the following: Election deemed to be waived (2) An accused who, under subsection (1), may not be tried by a court composed of a judge and jury is deemed to have elected under section 536 or 536.1 to be tried without a jury by a judge of the court where the accused was indicted and section 561 or 561.1, as the case may be, does not apply in respect of the accused. 49. (1) Section 606 of the Act is amended by adding the following after subsection (1): Conditions for accepting guilty plea (1.1) A court may accept a plea of guilty only if it is satisfied that the accused (a) is making the plea voluntarily; and (b) understands (i) that the plea is an admission of the essential elements of the offence, (ii) the nature and consequences of the plea, and (iii) that the court is not bound by any agreement made between the accused and the prosecutor. Validity of plea (1.2) The failure of the court to fully inquire whether the conditions set out in subsection (1.1) are met does not affect the validity of the plea. (2) Section 606 of the Act is amended by adding the following after subsection (4): Video links (5) For greater certainty, subsections 650(1.1) and (1.2) apply, with any modifications that the circumstances require, to pleas under this section if the accused has agreed to use a means referred to in those subsections. 2001-2002 Droit crimin R.S., c. 27 (1st Supp.), s. 127, c. 1 (4th Supp.), s. 45 (Sch. III, item 6)(F) 50. Subsection 625.1(2) of the Act is replaced by the following: Mandatory pre-trial hearing for jury trials (2) In any case to be tried with a jury, a judge of the court before which the accused is to be tried shall, before the trial, order that a conference between the prosecutor and the accused or counsel for the accused, to be presided over by a judge of that court, be held in accordance with the rules of court made under sections 482 and 482.1 to consider any matters that would promote a fair and expeditious trial. 51. The Act is amended by adding the following after section 626: Presiding judge 626.1 The judge before whom an accused is tried may be either the judge who presided over matters pertaining to the selection of a jury before the commencement of a trial or another judge of the same court. 52. (1) Section 631 of the Act is amended by adding the following after subsection (2): Alternate jurors (2.1) If the judge considers it advisable in the interests of justice to have one or two alternate jurors, the judge shall so order before the clerk of the court draws out the cards under subsection (3). 1992, c. 41, s. 1 (2) The portion of subsection 631(3) of the Act after paragraph (b) is replaced by the following: the clerk of the court shall, in open court, draw out the cards referred to in subsection (1), one after another, and shall call out the name and number on each card as it is drawn, until the number of persons who have answered to their names is, in the opinion of the judge, sufficient to provide a full jury and any alternate jurors ordered by the judge after allowing for orders to excuse, challenges and directions to stand by. 1998, c. 9, s. 5 (3) Subsections 631(4) and (5) of the Act are replaced by the following: �� C. 13 Criminal Law Am Juror and other persons to be sworn (4) The clerk of the court shall swear each member of the jury, and any alternate jurors, in the order in which the names of the jurors were drawn and shall swear any other person providing technical, personal, interpretative or other support services to a juror with a physical disability. Drawing additional names if necessary (5) If the number of persons who answer to their names under subsection (3) is not sufficient to provide a full jury and the number of alternate jurors ordered by the judge, the clerk of the court shall proceed in accordance with subsections (3) and (4) until twelve jurors and any alternate jurors are sworn. 1992, c. 41, s. 2 53. Paragraph 632(b) of the Act is replaced by the following: (b) relationship with the judge presiding over the jury selection process, the judge before whom the accused is to be tried, the prosecutor, the accused, the counsel for the accused or a prospective witness; or 1992, c. 41, s. 2 54. (1) The portion of subsection 634(2) of the Act before paragraph (a) is replaced by the following: Maximum number (2) Subject to subsections (2.1) to (4), the prosecutor and the accused are each entitled to (2) Section 634 of the Act is amended by adding the following after subsection (2): If alternate jurors (2.1) If the judge makes an order for alternate jurors, the total number of peremptory challenges that the prosecutor and the accused are each entitled to is increased by one for each alternate juror. 1992, c. 41, s. 3 55. Subsection 641(1) of the Act is replaced by the following: Calling jurors who have stood by 641. (1) If a full jury and any alternate jurors have not been sworn and no names remain to be called, the names of those who have been directed to stand by shall be called again in the order in which their names were drawn and the jurors necessary to make a full jury and any alternate jurors shall be sworn, unless excused by the judge or challenged by the accused or the prosecutor. 2001-2002 Droit crimin 56. Subsection 642(1) of the Act is replaced by the following: Summoning other jurors when panel exhausted 642. (1) If a full jury and any alternate jurors considered advisable cannot be provided notwithstanding that the relevant provisions of this Part have been complied with, the court may, at the request of the prosecutor, order the sheriff or other proper officer to summon without delay as many persons, whether qualified jurors or not, as the court directs for the purpose of providing a full jury and alternate jurors. 57. The Act is amended by adding the following after section 642: Substitution of alternate jurors 642.1 (1) Alternate jurors shall attend at the commencement of the trial and, if there is not a full jury present, alternate jurors shall be substituted, in the order in which their names were drawn under subsection 631(3), until there are twelve jurors. Excusing of alternate jurors (2) An alternate juror who is not required as a substitute shall be excused. 1992, c. 41, s. 5 58. Subsection 643(1) of the Act is replaced by the following: Who shall be jury 643. (1) The twelve jurors who are sworn in accordance with this Part and present at the commencement of the trial shall be the jury to try the issues of the indictment. Names of jurors (1.1) The name of each juror, including alternate jurors, who is sworn shall be kept apart until the juror is excused or the jury gives its verdict or is discharged, at which time the name shall be returned to the box as often as occasion arises, as long as an issue remains to be tried before a jury. 59. Section 646 of the Act is replaced by the following: �� C. 13 Criminal Law Am Taking evidence 646. On the trial of an accused for an indictable offence, the evidence of the witnesses for the prosecutor and the accused and the addresses of the prosecutor and the accused or counsel for the accused by way of summing up shall be taken in accordance with the provisions of Part XVIII, other than subsections 540(7) to (9), relating to the taking of evidence at preliminary inquiries. 1994, c. 44, s. 61 60. Subsection 650(1) of the Act is replaced by the following: Accused to be present 650. (1) Subject to subsections (1.1) to (2) and section 650.01, an accused, other than a corporation, shall be present in court during the whole of his or her trial. 61. The Act is amended by adding the following after section 650: Designation of counsel of record 650.01 (1) An accused may appoint counsel to represent the accused for any proceedings under this Act by filing a designation with the court. Contents of designation (2) The designation must contain the name and address of the counsel and be signed by the accused and the designated counsel. Effect of designation (3) If a designation is filed, (a) the accused may appear by the designated counsel without being present for any part of the proceedings, other than (i) a part during which oral evidence of a witness is taken, (ii) a part during which jurors are being selected, and (iii) an application for a writ of habeas corpus; (b) an appearance by the designated counsel is equivalent to the accused’s being present, unless the court orders otherwise; and (c) a plea of guilty may be made, and a sentence may be pronounced, only if the accused is present, unless the court orders otherwise. When court orders presence of accused (4) If the court orders the accused to be present otherwise than by appearance by the designated counsel, the court may 2001-2002 Droit crimin (a) issue a summons to compel the presence of the accused and order that it be served by leaving a copy at the address contained in the designation; or (b) issue a warrant to compel the presence of the accused. Technological appearance 650.02 The prosecutor or the counsel designated under section 650.01 may appear before the court by any technological means satisfactory to the court that permits the court and all counsel to communicate simultaneously. 62. Section 657.3 of the Act is amended by adding the following after subsection (2): Notice for expert testimony (3) For the purpose of promoting the fair, orderly and efficient presentation of the testimony of witnesses, (a) a party who intends to call a person as an expert witness shall, at least thirty days before the commencement of the trial or within any other period fixed by the justice or judge, give notice to the other party or parties of his or her intention to do so, accompanied by (i) the name of the proposed witness, (ii) a description of the area of expertise of the proposed witness that is sufficient to permit the other parties to inform themselves about that area of expertise, and (iii) a statement of the qualifications of the proposed witness as an expert; (b) in addition to complying with paragraph (a), a prosecutor who intends to call a person as an expert witness shall, within a reasonable period before trial, provide to the other party or parties (i) a copy of the report, if any, prepared by the proposed witness for the case, and (ii) if no report is prepared, a summary of the opinion anticipated to be given by the proposed witness and the grounds on which it is based; and (c) in addition to complying with paragraph (a), an accused, or his or her counsel, who intends to call a person as an expert witness �� C. 13 Criminal Law Am shall, not later than the close of the case for the prosecution, provide to the other party or parties the material referred to in paragraph (b). If notices not given (4) If a party calls a person as an expert witness without complying with subsection (3), the court shall, at the request of any other party, (a) grant an adjournment of the proceedings to the party who requests it to allow him or her to prepare for cross-examination of the expert witness; (b) order the party who called the expert witness to provide that other party and any other party with the material referred to in paragraph (3)(b); and (c) order the calling or recalling of any witness for the purpose of giving testimony on matters related to those raised in the expert witness’s testimony, unless the court considers it inappropriate to do so. Additional court orders (5) If, in the opinion of the court, a party who has received the notice and material referred to in subsection (3) has not been able to prepare for the evidence of the proposed witness, the court may do one or more of the following: (a) adjourn the proceedings; (b) order that further particulars be given of the evidence of the proposed witness; and (c) order the calling or recalling of any witness for the purpose of giving testimony on matters related to those raised in the expert witness’s testimony. Use of material by prosecution (6) If the proposed witness does not testify, the prosecutor may not produce material provided to him or her under paragraph (3)(c) in evidence without the consent of the accused. No further disclosure (7) Unless otherwise ordered by a court, information disclosed under this section in relation to a proceeding may only be used for the purpose of that proceeding. 2001-2002 Droit crimin 63. Paragraph (b) of the definition ‘‘sentence’’ in section 673 of the Act is replaced by the following: (b) an order made under subsection 109(1) or 110(1), section 161, subsection 164.2(1), 194(1) or 259(1) or (2), section 261 or 462.37, subsection 491.1(2), 730(1) or 737(3) or (5) or section 738, 739, 742.1, 742.3, 743.6, 745.4, 745.5 or 747.1, 1995, c. 42, s. 73 64. Subsection 675(2.1) of the Act is replaced by the following: Appeal against section 743.6 order (2.1) A person against whom an order under section 743.6 has been made may appeal to the court of appeal against the order. 1995, c. 42, s. 74 65. Subsection 676(5) of the Act is replaced by the following: Appeal against decision not to make section 743.6 order (5) The Attorney General or counsel instructed by the Attorney General for the purpose may appeal to the court of appeal against the decision of the court not to make an order under section 743.6. 1997, c. 18, s. 95 66. Subsection 679(7) of the Act is replaced by the following: Release or detention pending hearing of reference (7) If, with respect to any person, the Minister of Justice gives a direction or makes a reference under section 696.3, this section applies to the release or detention of that person pending the hearing and determination of the reference as though that person were an appellant in an appeal described in paragraph (1)(a). 67. Section 683 of the Act is amended by adding the following after subsection (2): Virtual presence of parties (2.1) In proceedings under this section, the court of appeal may order that the presence of a party may be by any technological means satisfactory to the court that permits the court and the other party or parties to communicate simultaneously. �� Virtual presence of witnesses C. 13 Criminal Law Am (2.2) Sections 714.1 to 714.8 apply, with any modifications that the circumstances require, to examinations and cross-examinations of witnesses under this section. 68. Section 688 of the Act is amended by adding the following after subsection (2): Manner of appearance (2.1) In the case of an appellant who is in custody and who is entitled to be present at any proceedings on an appeal, the court may order that, instead of the appellant personally appearing, (a) at an application for leave to appeal or at any proceedings that are preliminary or incidental to an appeal, the appellant appear by means of any suitable telecommunication device, including telephone, that is satisfactory to the court; and (b) at the hearing of the appeal, if the appellant has access to legal advice, he or she appear by means of closed-circuit television or any other means that permits the court and all parties to engage in simultaneous visual and oral communication. R.S., c. 42 (4th Supp.), s. 5; 1995, c. 22, s. 10 (Sch. I, item 30) 69. The portion of subsection 689(1) of the Act before paragraph (a) is replaced by the following: Restitution or forfeiture of property 689. (1) If the trial court makes an order for compensation or for the restitution of property under section 738 or 739 or an order of forfeiture of property under subsection 164.2(1) or 462.37(1), the operation of the order is suspended 1997, c. 17, s. 4 70. Section 690 of the Act and the heading before it are repealed. 71. The Act is amended by adding the following after section 696: 2001-2002 Droit crimin PART XXI.1 APPLICATIONS FOR MINISTERIAL REVIEW — MISCARRIAGES OF JUSTICE Application 696.1 (1) An application for ministerial review on the grounds of miscarriage of justice may be made to the Minister of Justice by or on behalf of a person who has been convicted of an offence under an Act of Parliament or a regulation made under an Act of Parliament or has been found to be a dangerous offender or a long-term offender under Part XXIV and whose rights of judicial review or appeal with respect to the conviction or finding have been exhausted. Form of application (2) The application must be in the form, contain the information and be accompanied by any documents prescribed by the regulations. Review of applications 696.2 (1) On receipt of an application under this Part, the Minister of Justice shall review it in accordance with the regulations. Powers of investigation (2) For the purpose of any investigation in relation to an application under this Part, the Minister of Justice has and may exercise the powers of a commissioner under Part I of the Inquiries Act and the powers that may be conferred on a commissioner under section 11 of that Act. Delegation (3) Despite subsection 11(3) of the Inquiries Act, the Minister of Justice may delegate in writing to any member in good standing of the bar of a province, retired judge or any other individual who, in the opinion of the Minister, has similar background or experience the powers of the Minister to take evidence, issue subpoenas, enforce the attendance of witnesses, compel them to give evidence and otherwise conduct an investigation under subsection (2). Definition of ‘‘court of appeal’’ 696.3 (1) In this section, ‘‘the court of appeal’’ means the court of appeal, as defined by the definition ‘‘court of appeal’’ in section 2, for the province in which the person to whom an application under this Part relates was tried. �� C. 13 Criminal Law Am Power to refer (2) The Minister of Justice may, at any time, refer to the court of appeal, for its opinion, any question in relation to an application under this Part on which the Minister desires the assistance of that court, and the court shall furnish its opinion accordingly. Powers of Minister of Justice (3) On an application under this Part, the Minister of Justice may (a) if the Minister is satisfied that there is a reasonable basis to conclude that a miscarriage of justice likely occurred, (i) direct, by order in writing, a new trial before any court that the Minister thinks proper or, in the case of a person found to be a dangerous offender or a long-term offender under Part XXIV, a new hearing under that Part, or (ii) refer the matter at any time to the court of appeal for hearing and determination by that court as if it were an appeal by the convicted person or the person found to be a dangerous offender or a long-term offender under Part XXIV, as the case may be; or (b) dismiss the application. No appeal (4) A decision of the Minister of Justice made under subsection (3) is final and is not subject to appeal. Considerations 696.4 In making a decision under subsection 696.3(3), the Minister of Justice shall take into account all matters that the Minister considers relevant, including (a) whether the application is supported by new matters of significance that were not considered by the courts or previously considered by the Minister in an application in relation to the same conviction or finding under Part XXIV; (b) the relevance and reliability of information that is presented in connection with the application; and (c) the fact that an application under this Part is not intended to serve as a further 2001-2002 Droit crimin appeal and any remedy available on such an application is an extraordinary remedy. Annual report 696.5 The Minister of Justice shall within six months after the end of each financial year submit an annual report to Parliament in relation to applications under this Part. Regulations 696.6 The Governor in Council may make regulations (a) prescribing the form of, the information required to be contained in and any documents that must accompany an application under this Part; (b) prescribing the process of review in relation to applications under this Part, which may include the following stages, namely, preliminary assessment, investigation, reporting on investigation and decision; and (c) respecting the form and content of the annual report under section 696.5. 72. Section 715 of the Act is amended by adding the following after subsection (3): Exception (4) Subsections (1) to (3) do not apply in respect of evidence received under subsection 540(7). 1995, c. 22, s. 6 73. Section 731.1 of the Act is replaced by the following: Firearm, etc., prohibitions 731.1 (1) Before making a probation order, the court shall consider whether section 109 or 110 is applicable. Application of section 109 or 110 (2) For greater certainty, a condition of a probation order referred to in paragraph 732.1(3)(d) does not affect the operation of section 109 or 110. 1995, c. 22, s. 6 74. Section 734.3 of the Act is replaced by the following: Change in terms of order 734.3 A court that makes an order under section 734.1, or a person designated either by name or by title of office by that court, may, on application by or on behalf of the offender, subject to any rules made by the court under section 482 or 482.1, change any term of the order except the amount of the fine, and any �� C. 13 Criminal Law Am reference in this section and sections 734, 734.1, 734.2 and 734.6 to an order shall be read as including a reference to the order as changed under this section. 1995, c. 22, s. 6 75. Section 742.2 of the Act is replaced by the following: Firearm, etc., prohibitions 742.2 (1) Before imposing a conditional sentence under section 742.1, the court shall consider whether section 109 or 110 is applicable. Application of section 109 or 110 (2) For greater certainty, a condition of a conditional sentence referred to in paragraph 742.3(2)(b) does not affect the operation of section 109 or 110. 1997, c. 17, s. 4 76. Paragraph 753.1(2)(a) of the Act is replaced by the following: (a) the offender has been convicted of an offence under section 151 (sexual interference), 152 (invitation to sexual touching) or 153 (sexual exploitation), subsection 163.1(2) (making child pornography), subsection 163.1(3) (distribution, etc., of child pornography), subsection 163.1(4) (possession of child pornography), subsection 163.1(4.1) (accessing child pornography), section 172.1 (luring a child), subsection 173(2) (exposure) or section 271 (sexual assault), 272 (sexual assault with a weapon) or 273 (aggravated sexual assault), or has engaged in serious conduct of a sexual nature in the commission of another offence of which the offender has been convicted; and 77. The Act is amended by adding the following after section 774: Appearance in person — habeas corpus 774.1 Despite any other provision of this Act, the person who is the subject of a writ of habeas corpus must appear personally in court. 1999, c. 25, s. 23 78. Paragraph (b) of the definition ‘‘sentence’’ in section 785 of the Act is replaced by the following: (b) an order made under subsection 109(1), 110(1) or 259(1) or (2), section 261, subsection 730(1) or 737(3) or (5) or section 738, 739, 742.1 or 742.3, 2001-2002 Droit crimin 79. The Act is amended by adding the following after section 802: Limitation on the use of agents 802.1 Despite subsections 800(2) and 802(2), a defendant may not appear or examine or cross-examine witnesses by agent if he or she is liable, on summary conviction, to imprisonment for a term of more than six months, unless the defendant is a corporation or the agent is authorized to do so under a program approved by the lieutenant governor in council of the province. 1997, c. 23, s. 19 80. (1) Subsection 810.01(2) of the Act is replaced by the following: Appearances (2) A provincial court judge who receives an information under subsection (1) may cause the parties to appear before a provincial court judge. 1997, c. 23, s. 19 (2) Subsection 810.01(6) of the Act is replaced by the following: Variance of conditions (6) A provincial court judge may, on application of the informant, the Attorney General or the defendant, vary the conditions fixed in the recognizance. 1993, c. 45, s. 11; 1997, c. 18, s. 113(1)(F) 81. (1) Subsections 810.1(1) to (3) of the Act are replaced by the following: Where fear of sexual offence 810.1 (1) Any person who fears on reasonable grounds that another person will commit an offence under section 151, 152, 155 or 159, subsection 160(2) or (3), section 163.1, 170, 171 or 172.1, subsection 173(2) or section 271, 272 or 273, in respect of one or more persons who are under the age of fourteen years, may lay an information before a provincial court judge, whether or not the person or persons in respect of whom it is feared that the offence will be committed are named. (2) A provincial court judge who receives an information under subsection (1) may cause the parties to appear before a provincial court judge. Appearances �� Adjudication C. 13 Criminal Law Am (3) The provincial court judge before whom the parties appear may, if satisfied by the evidence adduced that the informant has reasonable grounds for the fear, order the defendant to enter into a recognizance and, for a period fixed by the provincial court judge of not more than twelve months, comply with the conditions fixed by the provincial court judge, including a condition prohibiting the defendant from (a) engaging in any activity that involves contact with persons under the age of fourteen years, including using a computer system within the meaning of subsection 342.1(2) for the purpose of communicating with a person under the age of fourteen years; and (b) attending a public park or public swimming area where persons under the age of fourteen years are present or can reasonably be expected to be present, or a daycare centre, schoolground, playground or community centre. 1993, c. 45, s. 11 (2) Subsection 810.1(4) of the Act is replaced by the following: Judge may vary recognizance (4) A provincial court judge may, on application of the informant or the defendant, vary the conditions fixed in the recognizance. 1997, c. 17, s. 9(1) 82. (1) Subsection 810.2(2) of the Act is replaced by the following: Appearances (2) A provincial court judge who receives an information under subsection (1) may cause the parties to appear before a provincial court judge. 1997, c. 17, s. 9(1) (2) Subsection 810.2(7) of the Act is replaced by the following: Variance of conditions (7) A provincial court judge may, on application of the informant, of the Attorney General or of the defendant, vary the conditions fixed in the recognizance. 83. Subsection 822(4) of the Act is replaced by the following: Trial de novo (4) Despite subsections (1) to (3), if an appeal is taken under section 813 and because of the condition of the record of the trial in the summary conviction court or for any other 2001-2002 Droit crimin reason, the appeal court, on application of the defendant, the informant, the Attorney General or the Attorney General’s agent, is of the opinion that the interests of justice would be better served by hearing and determining the appeal by holding a trial de novo, the appeal court may order that the appeal shall be heard by way of trial de novo in accordance with any rules that may be made under section 482 or 482.1, and for that purpose the provisions of sections 793 to 809 apply, with any modifications that the circumstances require. R.S., c. 31 (4th Supp.), s. 97 84. Section 841 of the Act and the headings before it are replaced by the following: PART XXVIII MISCELLANEOUS Electronic Documents Definitions 841. The definitions in this section apply in this section and in sections 842 to 847. ‘‘data’’ « données » ‘‘data’’ means representations of information or concepts, in any form. ‘‘electronic document’’ « document électronique » ‘‘electronic document’’ means data that is recorded or stored on any medium in or by a computer system or other similar device and that can be read or perceived by a person or a computer system or other similar device. It includes a display, print-out or other output of the data and any document, record, order, exhibit, notice or form that contains the data. Dealing with data in court 842. Despite anything in this Act, a court may create, collect, receive, store, transfer, distribute, publish or otherwise deal with electronic documents if it does so in accordance with an Act or with the rules of court. Transfer of data 843. (1) Despite anything in this Act, a court may accept the transfer of data by electronic means if the transfer is made in accordance with the laws of the place where the transfer originates or the laws of the place where the data is received. �� C. 13 Criminal Law Am Time of filing (2) If a document is required to be filed in a court and the filing is done by transfer of data by electronic means, the filing is complete when the transfer is accepted by the court. Documents in writing 844. A requirement under this Act that a document be made in writing is satisfied by the making of the document in electronic form in accordance with an Act or the rules of court. Signatures 845. If this Act requires a document to be signed, the court may accept a signature in an electronic document if the signature is made in accordance with an Act or the rules of court. Oaths 846. If under this Act an information, an affidavit or a solemn declaration or a statement under oath or solemn affirmation is to be made by a person, the court may accept it in the form of an electronic document if (a) the person states in the electronic document that all matters contained in the information, affidavit, solemn declaration or statement are true to his or her knowledge and belief; (b) the person before whom it is made or sworn is authorized to take or receive informations, affidavits, solemn declarations or statements and he or she states in the electronic document that the information, affidavit, solemn declaration or statement was made under oath, solemn declaration or solemn affirmation, as the case may be; and (c) the electronic document was made in accordance with the laws of the place where it was made. Copies 847. Any person who is entitled to obtain a copy of a document from a court is entitled, in the case of a document in electronic form, to obtain a printed copy of the electronic document from the court on payment of a reasonable fee determined in accordance with a tariff of fees fixed or approved by the Attorney General of the relevant province. 2001-2002 Droit crimin Remote Appearance by Incarcerated Accused Condition for remote appearance 848. Despite anything in this Act, if an accused who is in prison does not have access to legal advice during the proceedings, the court shall, before permitting the accused to appear by a means of communication that allows the court and the accused to engage in simultaneous visual and oral communication, be satisfied that the accused will be able to understand the proceedings and that any decisions made by the accused during the proceedings will be voluntary. Forms Forms 849. (1) The forms set out in this Part, varied to suit the case, or forms to the like effect are deemed to be good, valid and sufficient in the circumstances for which they are provided. Seal not required (2) No justice is required to attach or affix a seal to any writing or process that he or she is authorized to issue and in respect of which a form is provided by this Part. Official languages (3) Any pre-printed portions of a form set out in this Part, varied to suit the case, or of a form to the like effect shall be printed in both official languages. 1997, c. 39, s. 3 85. Paragraph (b) of Form 7.1 of Part XXVIII of the Act is replaced by the following: (b) grounds exist to arrest the person without warrant under paragraph 495(1)(a) or (b) or section 672.91 of the Criminal Code; or 1997, c. 18, s. 115 86. The portion of Form 11.1 of Part XXVIII of the French version of the Act before paragraph (a) is replaced by the following: �� C. 13 Criminal Law Am FORMULE 11.1 (articles 493, 499 et 503) PROMESSE REMISE À UN AGENT DE LA PAIX OU À UN FONCTIONNAIRE RESPONSABLE Canada, Province de ................, (circonscription territoriale). Moi, A.B., de ................, (profession ou occupation), je comprends qu’il est allégué que j’ai commis (indiquer l’essentiel de l’infraction). Afin de pouvoir être mis en liberté, je m’engage, par (cette promesse de comparaître ou cet engagement) (insérer toutes les conditions qui sont fixées) : R.S., c. N-4 NATIONAL CAPITAL ACT 87. Subsection 20(2) of the National Capital Act is replaced by the following: Punishment (2) The Governor in Council may by regulation prescribe the punishment that may be imposed on summary conviction for the contravention of any regulation made under subsection (1), but the punishment so prescribed shall not exceed that set out in subsection 787(1) of the Criminal Code. R.S., c. N-5 NATIONAL DEFENCE ACT 88. The National Defence Act is amended by adding the following after section 196.25: DIVISION 6.2 IDENTIFICATION OF ACCUSED PERSONS AND OFFENDERS Meaning of ‘‘designated offence’’ 196.26 In this Division, ‘‘designated offence’’ means an offence under any of the following provisions of this Act: (a) paragraphs 75(a) to (d) (offences related to security); (b) paragraphs 77(a) and (d) to (i) (offences related to operations); (c) section 78 (spying for the enemy); (d) section 79 (mutiny with violence); 2001-2002 Droit crimin (e) section 80 (mutiny without violence); (f) paragraphs 81(a) and (b) (offences related to mutiny); (g) section 84 (striking or offering violence to a superior officer); (h) paragraphs 87(a) to (c) (resisting arrest or custody); (i) section 95 (abuse of subordinates); (j) section 100 (setting free without authority or allowing or assisting escape); (k) section 101 (escape from custody); (l) section 101.1 (failure to comply with conditions); (m) section 102 (hindering arrest or confinement or withholding assistance); (n) paragraphs 111(1)(a) and (b) (improper driving of vehicles); (o) section 113 (causing fires); (p) section 114 (stealing); (q) section 115 (receiving); (r) paragraphs 116(a) and (b) (destruction, damage, loss or improper disposal), if the conduct is wilful; (s) paragraphs 117(a) to (d) and (f) (miscellaneous offences), except where the offender unlawfully obtains transportation by fraud; (t) section 118 (offences in relation to tribunals); (u) section 118.1 (failure to appear or attend); (v) section 119 (false evidence); (w) section 124 (negligent performance of duties), if the negligence results in death or bodily harm; (x) section 127 (negligent handling of dangerous substances); (y) section 128 (conspiracy); or (z) section 130 (service trial of civil offences), if the act or omission is punishable under any other Act of Parliament and constitutes an offence under that other Act that is an indictable offence or is deemed to �� C. 13 Criminal Law Am be an indictable offence by paragraph 34(1)(a) of the Interpretation Act. Fingerprints and photographs 196.27 (1) Any person who is charged with, or convicted by a court martial of, a designated offence may be fingerprinted or photographed or subjected to any other measurement, process or operation having the object of identifying persons that is approved by order of the Governor in Council under the Identification of Criminals Act. Use of force (2) Such force may be used as is necessary to the effectual carrying out and application of the measurements, processes and operations described in subsection (1). Publication (3) The results of the measurements, processes and operations to which a person has been subjected under subsection (1) may be published for the purpose of affording information to peace officers within the meaning of Division 6.1 and others engaged in the execution or administration of the law. No liability for acting under this Division 196.28 No civil or criminal liability shall be incurred by any person for anything lawfully done under this Division or by any person concerned in the publication of results for the purpose of subsection 196.27(3). Destruction of fingerprints, photographs, etc. 196.29 Fingerprints, photographs and other measurements that are taken under subsection 196.27(1) from a person who is charged with a designated offence shall be destroyed without delay (a) if the person is tried by summary trial in respect of that charge; or (b) on application by the person, if the charge has not been proceeded with in the three years after the charge is laid. R.S., c. Y-1 YOUNG OFFENDERS ACT 1995, c. 19, s. 12(2) 89. Subsection 19(5.1) of the Young Offenders Act is replaced by the following: Preliminary inquiry (5.1) Where a young person elects or is deemed to have elected to be tried by a judge of a superior court of criminal jurisdiction with a jury, the youth court shall, on the 2001-2002 Droit crimin request of the young person or the prosecutor made at that time or within the period fixed by rules of court made under section 67 or 68 or, if there are no such rules, by the youth court judge, conduct a preliminary inquiry and if, on its conclusion, the young person is ordered to stand trial, the proceedings shall be before a judge of the superior court of criminal jurisdiction with a jury. 1999, c. 3, s. 88 90. (1) Paragraph 19.1(4)(a) of the Act is replaced by the following: (a) to be tried by a judge of the Nunavut Court of Justice, acting as a youth court, with a jury, or 1999, c. 3, s. 88 (2) Subsection 19.1(6) of the Act is replaced by the following: Preliminary inquiry — Nunavut (6) If a young person elects or is deemed to have elected under paragraph (4)(b), the youth court shall, on the request of the young person or the prosecutor made at that time or within the period fixed by rules of court made under section 67 or 68 or, if there are no such rules, by the youth court judge, conduct a preliminary inquiry and if, on its conclusion, the young person is ordered to stand trial, the proceedings shall be before a judge of the Nunavut Court of Justice, acting as a youth court, with a jury. COORDINATING AMENDMENTS Bill C-7 91. (1) If Bill C-7, introduced in the 1st session of the 37th Parliament and entitled the Youth Criminal Justice Act (the ‘‘other Act’’), receives royal assent, then (a) paragraph 32(3)(c) of the other Act is replaced by the following: �� C. 13 Criminal Law Am (c) explain that the young person may plead guilty or not guilty to the charge or, if subsection 67(1) (election of court for trial — adult sentence) or (3) (election of court for trial in Nunavut — adult sentence) applies, explain that the young person may elect to be tried by a youth justice court judge without a jury and without having a preliminary inquiry, or to have a preliminary inquiry and be tried by a judge without a jury, or to have a preliminary inquiry and be tried by a court composed of a judge and jury and, in either of the latter two cases, a preliminary inquiry will only be conducted if requested by the young person or the prosecutor. (b) subsection 67(2) of the other Act is replaced by the following: Wording of election (2) The youth justice court shall put the young person to his or her election in the following words: You have the option to elect to be tried by a youth justice court judge without a jury and without having had a preliminary inquiry; or you may elect to be tried by a judge without a jury; or you may elect to be tried by a court composed of a judge and jury. If you do not elect now, you are deemed to have elected to be tried by a court composed of a judge and jury. If you elect to be tried by a judge without a jury or by a court composed of a judge and jury or if you are deemed to have elected to be tried by a court composed of a judge and jury, you will have a preliminary inquiry only if you or the prosecutor requests one. How do you elect to be tried? (c) subsection 67(4) of the other Act is replaced by the following: Wording of election (4) The youth justice court shall put the young person to his or her election in the following words: You have the option to elect to be tried by a judge of the Nunavut Court of Justice alone, acting as a youth justice court without a jury and without a preliminary 2001-2002 Droit crimin inquiry; or you may elect to be tried by a judge of the Nunavut Court of Justice, acting as a youth justice court without a jury; or you may elect to be tried by a judge of the Nunavut Court of Justice, acting as a youth justice court with a jury. If you elect to be tried by a judge without a jury or by a judge, acting as a youth justice court, with a jury or if you are deemed to have elected to be tried by a judge, acting as a youth justice court, with a jury, you will have a preliminary inquiry only if you or the prosecutor requests one. How do you elect to be tried? (d) paragraph 67(5)(b) of the other Act is replaced by the following: (b) if the judge declines to do so, shall hold a preliminary inquiry, if requested to do so by one of the parties, unless a preliminary inquiry has been held prior to the election, re-election or deemed election. (e) subsection 67(7) of the other Act is replaced by the following: Preliminary inquiry (7) When a young person elects to be tried by a judge without a jury, or elects or is deemed to have elected to be tried by a court composed of a judge and jury, the youth justice court referred to in subsection 13(1) shall, on the request of the young person or the prosecutor made at that time or within the period fixed by rules of court made under section 17 or 155 or, if there are no such rules, by the youth justice court judge, conduct a preliminary inquiry and if, on its conclusion, the young person is ordered to stand trial, the proceedings shall be conducted (a) before a judge without a jury or a court composed of a judge and jury, as the case may be; or (b) in Nunavut, before a judge of the Nunavut Court of Justice acting as a youth justice court, with or without a jury, as the case may be. �� C. 13 Criminal Law Am Preliminary inquiry if two or more accused (7.1) If two or more young persons are jointly charged in an information and one or more of them make a request for a preliminary inquiry under subsection (7), a preliminary inquiry must be held with respect to all of them. When no request for preliminary inquiry (7.2) If no request for a preliminary inquiry is made under subsection (7), the youth justice court shall fix the date for the trial or the date on which the young person must appear in the trial court to have the date fixed. Coming into force (2) Subsection (1) comes into force (a) in the case of paragraph (a), on the later of the coming into force of section 25 of this Act and section 32 of the other Act; and (b) in the case of paragraphs (b) to (e), on the later of the coming into force of section 25 of this Act and section 67 of the other Act. Bill C-7 92. If Bill C-7, introduced in the 1st session of the 37th Parliament and entitled the Youth Criminal Justice Act (the ‘‘other Act’’), receives royal assent, then the heading before section 89 and sections 89 and 90 of this Act are repealed if section 199 of the other Act comes into force before sections 89 and 90 of this Act come into force. Coming into force 93. The provisions of this Act, other than sections 91 and 92, and the provisions of any Act as enacted by this Act, come into force on a day or days to be fixed by order of the Governor in Council. COMING INTO FORCE Published under authority of the Speaker of the House of Commons Available from: Public Works and Government Services Canada — Publishing, Ottawa, Canada K1A 0S9 ��������� ����� ������ ����� ��� ���������� �������� �������������������� ������� ������ ��� ���

First Session, Thirty-seventh Parliament, 49-50-51 Elizabeth II, 2001-2002 STATUTES OF CANADA 2002 CHAPTER 12 An Act to amend the Foreign Missions and International Organizations Act BILL C-35 ASSENTED TO 30th APRIL, 2002 SUMMARY This enactment amends the Foreign Missions and International Organizations Act to modernize the privileges and immunities regime. This will allow Canada to comply with its existing commitments under international treaties and to respond to recent developments in international law. The enactment also corrects the deficiency in the existing statutory definition of ‘‘international organization’’. The enactment further provides that the Royal Canadian Mounted Police has the primary responsibility to ensure the security for the proper functioning of intergovernmental conferences. This clearer statutory authority supports security measures taken by Canadian police in fulfilling Canada’s obligations to protect persons who have privileges and immunities under the Act. ��� ������������� ������������ ��� ��������� �� ��� ������������� �������� ������������� �� ��� ��������� �������� ��������������������� 49-50-51 ELIZABETH II CHAPTER 12 An Act to amend the Foreign Missions and International Organizations Act [Assented to 30th April, 2002] Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: 1991, c. 41 FOREIGN MISSIONS AND INTERNATIONAL ORGANIZATIONS ACT 1. (1) The definition ‘‘international organization’’ in subsection 2(1) of the Foreign Missions and International Organizations Act is replaced by the following: ‘‘international organization’’ « organisation internationale » ‘‘international organization’’ means an intergovernmental organization, whether or not established by treaty, of which two or more states are members, and includes an intergovernmental conference in which two or more states participate; (2) Subsection 2(1) of the Act is amended by adding the following in alphabetical order: ‘‘accredited mission’’ « mission accréditée » ‘‘accredited mission’’ means a permanent mission of a foreign state that is accredited to an international organization headquartered in Canada; 2. Section 4 of the Act is amended by adding the following after subsection (3): Detention of goods (4) The Minister of Foreign Affairs may, by order, authorize the detention by officers under the Customs Act of goods imported by a diplomatic mission or consular post of a foreign state for any period during which, in the opinion of the Minister, the foreign state applies any of the provisions of the Vienna Convention on Diplomatic Relations or the Vienna Convention on Consular Relations restrictively with the result that the privileges � C. 12 Foreign Missions and Inte and immunities accorded to that state’s diplomatic mission and consular posts in Canada exceed those accorded to a Canadian diplomatic mission and Canadian consular posts in that foreign state. 3. (1) The portion of subsection 5(1) of the English version of the Act before paragraph (a) is replaced by the following: Privileges and immunities 5. (1) The Governor in Council may, by order, provide that (2) Paragraphs 5(1)(c) to (e) of the Act are replaced by the following: (b.1) subject to subsection (1.2), accredited missions shall, to the extent specified in the order, have privileges and immunities comparable to the privileges and immunities accorded to diplomatic missions of foreign states in Canada under the Vienna Convention on Diplomatic Relations; (c) representatives of a foreign state that is a member of or participates in an international organization shall, to the extent specified in the order, have the privileges and immunities set out in Article IV of the Convention on the Privileges and Immunities of the United Nations; (d) representatives of a foreign state that is a member of an international organization headquartered in Canada, and members of their families forming part of their households, shall, to the extent specified in the order, have privileges and immunities comparable to the privileges and immunities accorded to diplomatic representatives, and members of their families forming part of their households, in Canada under the Vienna Convention on Diplomatic Relations; (e) members of the administrative and technical staff, and members of their families forming part of their households, and the service staff of the mission of a foreign state that is a member of an international organization headquartered in Canada, other than persons who are Canadian citizens or permanent residents of Canada, shall, to the extent specified in the order, have privileges and immunities comparable to 2001-2002 Missions étrangères et orga the privileges and immunities accorded to such persons under the Vienna Convention on Diplomatic Relations; (3) Paragraph 5(1)(f) of the French version of the Act is replaced by the following: f) que les hauts fonctionnaires d’une organisation internationale désignés par lui — ainsi que, dans le cas d’une organisation internationale ayant son siège au Canada, les membres de leur famille faisant partie de leur ménage — bénéficient, dans la mesure spécifiée, de privilèges et immunités comparables à ceux dont bénéficient respectivement les agents diplomatiques et, le cas échéant, les membres de leur famille faisant partie de leur ménage, en vertu de la Convention de Vienne sur les relations diplomatiques; (4) Subsection 5(1) of the Act is amended by striking out the word ‘‘and’’ at the end of paragraph (h) and by adding the following after paragraph (h): (h.1) such other classes of persons as may be designated by the Governor in Council who, in accordance with a treaty, convention or agreement set out in Schedule IV, are entitled to privileges and immunities, and members of their families forming part of their households, shall, to the extent specified in the order, have privileges and immunities comparable to the privileges and immunities accorded to diplomatic agents, and members of their families forming part of their households, under the Vienna Convention on Diplomatic Relations; and (5) Section 5 of the Act is amended by adding the following after subsection (1): Retroactive order (1.1) An order made under paragraph (1)(b) or subsection 6(2) that has the effect of granting to an international organization or to an office of a political subdivision of a foreign state, as the case may be, any duty or tax relief privileges may, in relation to those privileges, if it so provides, be made retroactive. � C. 12 Foreign Missions and Inte Duty and tax relief privileges — accredited missions (1.2) An order made under paragraph (1)(b.1) may restrict or withdraw any duty or tax relief privileges in relation to a particular accredited mission for the purpose of according to that accredited mission treatment that is comparable to the treatment accorded by the foreign state in question to a Canadian permanent mission that is accredited to an international organization in that foreign state. Retroactive order (1.3) An order made under paragraph (1)(b.1) that has the effect of granting to an accredited mission of the International Civil Aviation Organization any tax relief privileges in relation to Part IX of the Excise Tax Act may, in relation to those privileges, if it so provides, be made retroactive and have effect with respect to any period beginning on January 1, 1991 at the earliest and ending on December 31, 2000 at the latest. (6) Section 5 of the Act is amended by adding the following after subsection (3): Immigration restrictions (4) In the event of an inconsistency or conflict between an order made under subsection (1) and section 19 of the Immigration Act, the order prevails to the extent of the inconsistency or conflict. 1995, c. 5, par. 25(1)(n) 4. Section 6 of the Act is replaced by the following: Privileges, immunities and benefits 6. (1) Subject to subsections (3) and (4), the Minister of Foreign Affairs may, by order, (a) grant to the office of a political subdivision of a foreign state, and to any person connected with that office, any of the privileges and immunities accorded under section 3 to consular posts, and to persons connected with those posts, other than duty and tax relief privileges; (b) extend any of the privileges and immunities granted under paragraph (a) to that office, and to any person connected with it; (c) grant to that office, and to any person connected with it, any of the benefits set out in the regulations; (d) withdraw any of the privileges, immunities or benefits granted under this subsection or subsection (2); and 2001-2002 Missions étrangères et orga (e) restore any privilege, immunity or benefit withdrawn under paragraph (d). Duty and tax relief privileges (2) Subject to subsections (3) and (4), on the joint recommendation of the Minister of Foreign Affairs and the Minister of Finance, the Governor in Council may, by order, (a) grant to the office of a political subdivision of a foreign state, and to any person connected with that office, any of the duty and tax relief privileges accorded under section 3 to consular posts and to persons connected with those posts; (b) extend any of the duty and tax relief privileges provided for in the Vienna Convention on Consular Relations that have been granted to that office, and to any person connected with it; and (c) grant to that office, and to any person connected with it, any duty or tax relief privilege not provided for in the Vienna Convention on Consular Relations. Condition (3) Before the Minister makes an order under subsection (1) or the Governor in Council makes an order under subsection (2), the Minister or the Governor in Council, as the case may be, must be of the opinion that the office of the political subdivision of the foreign state performs, in Canada, duties that are substantially the same as the duties performed in Canada by a consular post as defined in Article 1 of the Vienna Convention on Consular Relations. Purpose of orders (4) An order made under subsection (1) or (2) must be for the purpose of according to the office of the political subdivision of the foreign state, and to any person connected with the office, treatment that is comparable (a) to the treatment accorded to the office of a Canadian political subdivision in the foreign state, and to persons connected with that office; or (b) if there is no office of a Canadian political subdivision in the foreign state, to the treatment that, in the opinion of the Minister or the Governor in Council, as the case may be, would, on the basis of � C. 12 Foreign Missions and Inte assurances offered by that foreign state, be accorded to an office of a Canadian political subdivision in that foreign state, and to persons connected with that office. Premises and archives (5) The Minister of Foreign Affairs may, by order, grant to the office of a political subdivision of a foreign state, and to the archives of that office, any of the immunities accorded to consular premises and consular archives by the Vienna Convention on Consular Relations for the purpose of according to that office treatment that is comparable (a) to the treatment accorded to the office of a Canadian political subdivision in the foreign state; or (b) if there is no office of a Canadian political subdivision in the foreign state, to the treatment that, in the opinion of the Minister, would, on the basis of assurances offered by that foreign state, be accorded to an office of a Canadian political subdivision in that foreign state. 5. The Act is amended by adding the following after section 10: Security of Intergovernmental Conferences Role of RCMP 10.1 (1) The Royal Canadian Mounted Police has the primary responsibility to ensure the security for the proper functioning of any intergovernmental conference in which two or more states participate, that is attended by persons granted privileges and immunities under this Act and to which an order made or continued under this Act applies. Powers of RCMP (2) For the purpose of carrying out its responsibility under subsection (1), the Royal Canadian Mounted Police may take appropriate measures, including controlling, limiting or prohibiting access to any area to the extent and in a manner that is reasonable in the circumstances. For greater certainty (3) The powers referred to in subsection (2) are set out for greater certainty and shall not be read as affecting the powers that peace officers possess at common law or by virtue of any other federal or provincial Act or regulation. 2001-2002 Missions étrangères et orga Arrangements (4) Subject to subsection (1), to facilitate consultation and cooperation between the Royal Canadian Mounted Police and provincial and municipal police forces, the Solicitor General may, with the approval of the Governor in Council, enter into arrangements with the government of a province concerning the responsibilities of members of the Royal Canadian Mounted Police and members of provincial and municipal police forces with respect to ensuring the security for the proper functioning of a conference referred to in that subsection. 1995, c. 5, par. 25(1)(n) 6. Section 11 of the Act is replaced by the following: Certificate of Minister of Foreign Affairs 11. A certificate purporting to be issued by or under the authority of the Minister of Foreign Affairs and containing any statement of fact relevant to any of the following questions shall be received in evidence in any action or proceeding as proof of the fact stated in the certificate without proof of the signature or official character of the person appearing to have signed the certificate: (a) whether a diplomatic mission, a consular post or an office of a political subdivision of a foreign state has been established with the consent of the Government of Canada; (b) whether an organization or conference is the subject of an order under section 5; (c) whether a mission is accredited to an international organization; (d) whether any premises or archives are the premises or archives of an office of a political subdivision of a foreign state; or (e) whether any person, diplomatic mission, consular post, office of a political subdivision of a foreign state, international organization or accredited mission has privileges, immunities or benefits under this Act. � C. 12 Foreign Missions and Inte Importation of Alcohol Importation of alcohol 11.1 For greater certainty, (a) a person who, or a diplomatic mission, consular post, accredited mission or office of a political subdivision of a foreign state that, has privileges and immunities that are comparable to the privileges and immunities accorded under Article 36 of the Vienna Convention on Diplomatic Relations or Article 50 of the Vienna Convention on Consular Relations may, despite any provision of the Importation of Intoxicating Liquors Act, exercise those privileges and benefit from those immunities in respect of alcohol imported for their personal consumption or official use, as the case may be; and (b) an international organization that has privileges and immunities that are comparable to the privileges and immunities accorded under Section 7 of Article II of the Convention on the Privileges and Immunities of the United Nations may, despite any provision of the Importation of Intoxicating Liquors Act, exercise those privileges and benefit from those immunities in respect of alcohol imported for its official use. 7. The heading before section 12 of the Act is replaced by the following: Regulations and Orders 8. Section 13 of the Act is amended by adding the following after subsection (2): Amendment to Schedule IV (3) For the purpose of paragraph 5(1)(h.1), the Governor in Council may, by order, add to or delete from Schedule IV a reference to a treaty, convention or agreement, or amend a reference in that Schedule. 9. The Act is amended by adding, after Schedule III, the schedule set out in the schedule to this Act. 2001-2002 Missions étrangères et orga COORDINATING AMENDMENT Bill C-11 10. If Bill C-11, introduced in the first session of the 37th Parliament and entitled the Immigration and Refugee Protection Act (‘‘the other Act’’), receives royal assent, then, on the later of the coming into force of (a) this Act, and (b) the first of sections 33 to 43 of the other Act to come into force, subsection 5(4) of the Foreign Missions and International Organizations Act is replaced by the following: Immigration restrictions (4) In the event of an inconsistency or conflict between an order made under subsection (1) and any of sections 33 to 43 of the Immigration and Refugee Protection Act, the order prevails to the extent of the inconsistency or conflict. �� C. 12 Foreign Missions and Internatio SCHEDULE (Section 9) SCHEDULE IV (Paragraph 5(1)(h.1) and subsection 13(3)) DESIGNATED TREATIES, CONVENTIONS AND AGREEMENTS Agreement with the Preparatory Commission for the Comprehensive Nuclear Test-Ban Treaty Organization Accord avec la Commission préparatoire pour l’Organisation du Traité d’interdiction complète des essais nucléaires Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons, and on their Destruction Convention sur l’interdiction de la mise au point, de la fabrication, du stockage et de l’emploi des armes chimiques et sur leur destruction Published under authority of the Speaker of the House of Commons Available from: Public Works and Government Services Canada — Publishing, Ottawa, Canada K1A 0S9 ��������� ����� ������ ����� ��� ���������� �������� �������������������� ������� ������ ��� ���

First Session, Thirty-seventh Parliament, 49-50-51 Elizabeth II, 2001-2002 STATUTES OF CANADA 2002 CHAPTER 10 An Act respecting the water resources of Nunavut and the Nunavut Surface Rights Tribunal and to make consequential amendments to other Acts BILL C-33 ASSENTED TO 30th APRIL, 2002 RECOMMENDATION Her Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled ‘‘An Act respecting the water resources of Nunavut and the Nunavut Surface Rights Tribunal and to make consequential amendments to other Acts’’. SUMMARY This enactment implements obligations under the Agreement between the Inuit of the Nunavut Settlement Area and Her Majesty the Queen in right of Canada. The Agreement came into effect on July 9, 1993 by virtue of the Nunavut Land Claims Agreement Act. Part 1 of the enactment implements provisions of the Agreement related to management of waters. It establishes an institution of public government, the Nunavut Water Board. The members of the Board are appointed by the Minister of Indian Affairs and Northern Development. The Nunavut Water Board has powers similar to those of the Northwest Territories Water Board under the Northwest Territories Waters Act. The Board’s primary function is to license uses of water and deposits of waste. The Board is required, in the exercise of that licensing power, to consider any detrimental effects of a potential use of waters or a deposit of waste on other water users and is to hold, where appropriate, public hearings. Part 1 reproduces specific requirements of the Agreement. The main requirement is that the Board is prohibited from issuing, renewing or amending a licence if there may be a substantial effect on the quality, quantity or rate of flow of waters through Inuit-owned land unless the applicant has entered into an agreement with the Inuit to compensate for any loss or damage or the Board has determined the appropriate compensation. The Nunavut Water Board is required to cooperate with the Nunavut Planning Commission to develop land use plans that affect water, and with the Nunavut Impact Review Board to assess environmental and socio-economic impacts of water-related project proposals. ��� ������������� ������������ ��� ��������� �� ��� ������������� �������� ������������� �� ��� ��������� �������� ��������������������� In Part 2 of the enactment, the Government of Canada implements the obligation it has undertaken in the Agreement to establish the Nunavut Surface Rights Tribunal as an independent body. The Agreement grants the Inuit ownership of certain lands in Nunavut, and certain rights respecting the compensation for harvesting of wildlife resources. The Tribunal is an institution of public government composed of up to eleven members appointed by the Minister of Indian Affairs and Northern Development. The Tribunal has the power to make orders establishing conditions for access to Inuit-owned land, privately owned land and privately occupied Crown land. In the case of loss suffered by Inuit in respect of wildlife harvesting due to development activity, the Tribunal has the power to determine the liability of the developer for compensation. TABLE OF PROVISIONS AN ACT RESPECTING THE WATER RESOURCES OF NUNAVUT AND THE NUNAVUT SURFACE RIGHTS TRIBUNAL AND TO MAKE CONSEQUENTIAL AMENDMENTS TO OTHER ACTS SHORT TITLE 1. Short title INTERPRETATION 2. Definitions PRECEDENCE 3. Inconsistency with Agreement PART 1 NUNAVUT WATERS Interpretation 4. Definitions Scope and Application 5. Other Acts 6. Rights preserved Her Majesty 7. Binding on Her Majesty 8. Waters vested in Her Majesty 9. Delegation to territorial minister 10. Agreements with provinces Delegation and Agreements Prohibitions 11. Use of waters 12. Deposit of waste Compensation 13. Right to compensation �� DIVISION 1 NUNAVUT WATER BOARD 14. Establishment and Organization of Board Establishment of Board 15. Term of office 16. Additional members 17. Inuit of northern Quebec 18. Oath of office 19. Removal 20. Reappointment 21. Vacancies 22. Duties of Chairperson 23. Conflict of interest 24. Remuneration and expenses 25. Languages Language of business 26. Head office 27. Business meetings 28. Status 29. Panels 30. Staff 31. Indemnification of Board members and employees 32. Annual budget 33. Rules and By-laws Powers of Board 34. Pre-publication Head Office and Meetings Status and General Powers Financial Provisions 35. Objects of Board and Its Relationship with Other Bodies Objects 36. Land use plans 37. Environmental screening and review of projects 38. Restriction on powers: non-conformity with plan 39. Restriction on powers: environmental review of projects �� 40. Other water authorities 41. Marine areas DIVISION 2 LICENCES General Rules 42. Issuance 43. Renewal, amendment and cancellation 44. Assignment of licences 45. Term 46. Expiry or cancellation 47. Precedence 48. Applications in Relation to Licences Requirements 49. Delegation 50. Standing 51. Applications determined summarily 52. Public hearing required 53. Place of hearing 54. Powers at hearings 55. Notice of applications 56. Conditions of Issuance Approval of issuance 57. Conditions for issuance of licence 58. Compensation of existing users 59. Failure to respond 60. Compensation of other users 61. Factors in determining compensation 62. Priority of use 63. Compensation agreements 64. Use outside Nunavut 65. Interpretation 66. Negotiation to be in good faith 67. Factors in determining compensation 68. National parks in Nunavut 69. Mackenzie Valley Gwich’in Sahtu lands Procedure Inuit-owned Land �� 70. Conditions of Licences Powers of Board 71. Purpose of conditions 72. Conditions of waste deposit 73. Regulations under Fisheries Act 74. Conditions relating to design of works 75. Licence conditions deemed amended Security 76. Security 77. Expropriation Permission to expropriate 78. Public register 79. Decisions Reasons for decisions 80. Decisions final 81. Appeal to Federal Court Public Register DIVISION 3 GENERAL Regulations and Orders 82. Regulations 83. Reservation of water rights 84. Recommendations to Minister 85. Enforcement Inspectors and analysts 86. Powers of inspection 87. Remedial measures 88. Obstruction 89. Where work closed or abandoned 90. Offences and Punishment Principal offences 91. Other offences 92. Limitation period 93. Action to enjoin not prejudiced by prosecution 94. Certificate of analyst � PART 2 NUNAVUT SURFACE RIGHTS TRIBUNAL Interpretation 95. Definitions General Provisions 96. Review 97. Access with consent Her Majesty 98. Binding on Her Majesty DIVISION 1 ESTABLISHMENT AND ORGANIZATION OF TRIBUNAL Tribunal Established 99. Establishment 100. Residency qualification 101. Term of office 102. Reappointment 103. Duties of Chairperson 104. Remuneration and expenses 105. Indemnification of Tribunal members and employees 106. Languages Language of business 107. Head office 108. Business meetings 109. By-laws 110. Staff 111. Government facilities and information 112. Property and contracts Head Office and Meetings By-laws General Powers Status 113. Status 114. Annual budget Financial Provisions � Annual Report 115. Annual report 116. Publication 117. Negotiations 118. Matters not raised 119. Applications and Hearings Informal and expeditious 120. General powers of Tribunal 121. Parties to a hearing 122. Hearing in absence of party 123. Location of hearing 124. Hearing of applications 125. Assignment of members 126. Powers, duties and functions 127. Information made available 128. References to Federal Court 129. Records 130. Rules Procedures, mediation and costs 131. Non-application of Statutory Instruments Act 132. Pre-publication Jurisdiction of Tribunal Records DIVISION 2 ENTRY ORDERS FOR INUIT-OWNED LANDS 133. Exercise of Mineral Rights Use and occupation 134. Prospecting right 135. Access to other land 136. Other Commercial Purposes Right to cross 137. Construction Materials Right to remove materials 138. General Rules for Orders Offer of compensation �� 139. Terms and conditions 140. Compensation factors 141. Allocation 142. Effect of entry order DIVISION 3 ENTRY ORDERS FOR NON-INUIT-OWNED LAND Interpretation 143. Definitions 144. Exercise of Mineral Rights Applications for entry orders 145. General Rules for Orders Offer of compensation 146. Terms and conditions 147. Compensation factors 148. Allocation 149. Effect of entry order DIVISION 4 MINERAL RIGHTS AND CARVING STONE 150. Specified Substances on Inuit-owned Land Determinations about specified substances 151. Conflicts Carving Stone on Crown Lands DIVISION 5 WILDLIFE COMPENSATION Interpretation 152. Definitions 153. Liability of Developers Loss or damage 154. Liability of Minister 155. Applications to Tribunal Application for order 156. Minimization of loss or damage 157. Deadline �� 158. Other Remedies Developer, Minister and Ship-source Oil Pollution Fund DIVISION 6 GENERAL Decisions of the Tribunal 159. Costs 160. Reasons for decisions 161. Copies 162. Proof of orders 163. Order binding on successor 164. Enforcement of orders 165. Assistance by Tribunal 166. Findings of fact 167. Review by Tribunal 168. Termination 169. Review of compensation Review of Orders Regulations 170. Regulations PART 3 TRANSITIONAL PROVISIONS, CONSEQUENTIAL AND COORDINATING AMENDMENTS AND COMING INTO FORCE Transitional Provisions 171-175. Transitional provisions Consequential Amendments 176. Access to Information Act 177. Arctic Waters Pollution Prevention Act 178. Mackenzie Valley Resource Management Act 179. Northern Canada Power Commission (Share Issuance and Sale Authorization) Act 180-189. Northwest Territories Waters Act 190. Canada Oil and Gas Operations Act 191. Privacy Act 192. Yukon Surface Rights Board Act 193-199. Yukon Waters Act �� Coordinating Amendments 200. Bill C-14 201-202. Bill C-30 Coming into Force 203. Coming into force SCHEDULE 1 SCHEDULE 2 49-50-51 ELIZABETH II CHAPTER 10 An Act respecting the water resources of Nunavut and the Nunavut Surface Rights Tribunal and to make consequential amendments to other Acts [Assented to 30th April, 2002] Preamble WHEREAS Her Majesty the Queen in right of Canada and the Inuit of the Nunavut Settlement Area have entered into a land claims agreement that was ratified by Her Majesty when it was signed on Her behalf and when the Nunavut Land Claims Agreement Act came into force and by the Inuit when it was signed on their behalf following a ratification vote; WHEREAS the agreement came into force on July 9, 1993 on its ratification by both parties; AND WHEREAS the Government of Canada has undertaken in the agreement to establish the Nunavut Water Board and the Nunavut Surface Rights Tribunal as institutions of public government and to set out by statute all of their substantive powers, functions, objectives and duties; NOW, THEREFORE, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: SHORT TITLE Short title 1. This Act may be cited as the Nunavut Waters and Nunavut Surface Rights Tribunal Act. Definitions 2. (1) The definitions in this subsection apply in this Act. ‘‘Agreement’’ « Accord » ‘‘Agreement’’ means the land claims agreement between the Inuit of the Nunavut Settlement Area and Her Majesty the INTERPRETATION � C. 10 Nunavut Waters and Nunavu Queen in right of Canada that was ratified, given effect and declared valid by the Nunavut Land Claims Agreement Act, which came into force on July 9, 1993, and includes any amendments to that agreement made under the agreement. ‘‘carving stone’’ « pierre à sculpter » ‘‘carving stone’’ means serpentinite, argillite or soapstone that is suitable for carving. ‘‘designated Inuit organization’’ « organisation inuit désignée » ‘‘designated Inuit organization’’ means (a) except in the case of the jointly owned lands referred to in section 40.2.8 of the Agreement, (i) Tunngavik, or (ii) in respect of a provision of this Act referred to in Schedule 1, any organization designated in the public record maintained by Tunngavik under the Agreement as being responsible for any function under the corresponding provision or provisions of the Agreement referred to in that Schedule; or (b) in the case of the jointly owned lands referred to in section 40.2.8 of the Agreement, Makivik acting jointly with the organization determined under paragraph (a). ‘‘Inuit’’ « Inuit » ‘‘Inuit’’ means those persons enrolled from time to time under the terms of Article 35 of the Agreement and includes, in the case of the jointly owned lands referred to in section 40.2.8 of the Agreement, the Inuit of northern Quebec. ‘‘Inuit of northern Quebec’’ « Inuit du Nord québécois » ‘‘Inuit of northern Quebec’’ means the Inuit of northern Quebec within the meaning of the James Bay and Northern Quebec Agreement that was approved, given effect and declared valid by the James Bay and Northern Quebec Native Claims Settlement Act, S.C. 1976-77, c. 32. ‘‘Inuit-owned land’’ « terre inuit » ‘‘Inuit-owned land’’ means any land that has the status of Inuit Owned Land under the Agreement, and includes the jointly owned lands referred to in section 40.2.8 of the Agreement. 2001-2002 Eaux du Nunavut et Tribunal de ‘‘Inuktitut’’ « inuktitut » ‘‘Inuktitut’’ means the Inuktitut language and includes Inuinaqtuun. ‘‘Makivik’’ « Makivik » ‘‘Makivik’’ means the corporation established by An Act respecting the Makivik Corporation, R.S.Q., c. S-18.1, and representing the Inuit of northern Quebec. ‘‘mineral right’’ « droit minier » ‘‘mineral right’’ means a right to explore for, develop, produce or transport minerals, other than specified substances. ‘‘minerals’’ « minéraux » ‘‘minerals’’ means precious and base metals and other non-living, naturally occurring substances, whether solid, liquid or gaseous, and includes coal, oil and gas, but does not include water. ‘‘Minister’’ « ministre » ‘‘Minister’’ means the Minister of Indian Affairs and Northern Development. ‘‘specified substances’’ « matières spécifiées » ‘‘specified substances’’ means construction stone, sand, gravel, limestone, marble, gypsum, shale, clay, volcanic ash, earth, soil, diatomaceous earth, ochre, marl, peat and carving stone. ‘‘Tunngavik’’ « Tunngavik » ‘‘Tunngavik’’ means Nunavut Tunngavik Incorporated, a corporation without share capital incorporated under Part II of the Canada Corporations Act, R.S.C. 1970, c. C-32, and any successor to that corporation. Meaning of ‘‘Nunavut Settlement Area’’ (2) In this Act, ‘‘Nunavut Settlement Area’’ has the meaning assigned to that expression by section 3.1.1 of the Agreement. PRECEDENCE Inconsistency with Agreement 3. (1) Where there is any inconsistency or conflict between the Agreement and this Act, the Agreement prevails to the extent of the inconsistency or conflict. Inconsistency with other Acts (2) Where there is any inconsistency or conflict between this Act and any other Act of Parliament, except the Nunavut Land Claims Agreement Act, this Act prevails to the extent of the inconsistency or conflict. � C. 10 Nunavut Waters and Nunavu PART 1 NUNAVUT WATERS Interpretation Definitions 4. The definitions in this section apply in this Part. ‘‘appurtenant undertaking’’ « entreprise principale » ‘‘appurtenant undertaking’’ means an undertaking in relation to which a use of waters or a deposit of waste is permitted by a licence. ‘‘Board’’ « Office » ‘‘Board’’ means the Nunavut Water Board established by section 14. ‘‘domestic purpose’’ « domestique » ‘‘domestic purpose’’ means the use of waters for the following purposes: (a) household requirements, including sanitation and fire prevention; (b) the watering of domestic animals; or (c) the irrigation of a garden that adjoins a dwelling-house and is not ordinarily used in the growth of produce for market. ‘‘instream use’’ « ordinaire » ‘‘instream use’’ means a use of waters by a person, other than for a domestic purpose or as described in paragraph (a), (b) or (c) of the definition ‘‘use’’, to earn income or for subsistence purposes. ‘‘licence’’ « permis » ‘‘licence’’ means, unless the context otherwise requires, a type A or type B licence, in accordance with the criteria prescribed by the regulations, issued for the use of waters or the deposit of waste, or both, in Nunavut under section 42. ‘‘licensee’’ « titulaire » ‘‘licensee’’ means a person to whom a licence is issued or assigned. ‘‘marine area’’ « zones marines » ‘‘marine area’’ means any waters, including those that are ice-covered, of the Nunavut Settlement Area, other than inland waters, and the seabed and subsoil below those waters. ‘‘national park’’ means a park within the meaning of the Canada National Parks Act, or lands set aside as a reserve for a park under that Act. ‘‘national park’’ « parc national » 2001-2002 Eaux du Nunavut et Tribunal de ‘‘Nunavut Impact Review Board’’ « Commission d’examen des projets de développement » ‘‘Nunavut Impact Review Board’’ means the Nunavut Impact Review Board referred to in section 12.2.1 of the Agreement. ‘‘Nunavut Planning Commission’’ « Commission d’aménagement » ‘‘Nunavut Planning Commission’’ means the Nunavut Planning Commission referred to in section 11.4.1 of the Agreement. ‘‘use’’ « utilisation » ‘‘use’’, in relation to waters, means a direct or indirect use of any kind, including, but not limited to, (a) any use of water power and geothermal resources; (b) any diversion or obstruction of waters; (c) any alteration of the flow of waters; and (d) any alteration of the bed or banks of a river, stream, lake or other body of water, whether or not the body of water is seasonal. However, it does not include navigation or any other use connected with shipping activities that are governed by the Canada Shipping Act. ‘‘waste’’ « déchet » ‘‘waste’’ means any substance that, by itself or in combination with other substances found in water, would have the effect of altering the quality of any water to which the substance is added to an extent that is detrimental to its use by people or by any animal, fish or plant, or any water that would have that effect because of the quantity or concentration of the substances contained in it or because it has been treated or changed, by heat or other means, and includes (a) any substance or water that, for the purposes of the Canada Water Act, is deemed to be waste; (b) any substance or class of substances specified by the regulations; � C. 10 Nunavut Waters and Nunavu (c) water containing any substance or class of substances in a quantity or concentration that is equal to or greater than that prescribed by the regulations; and (d) water that has been subjected to a treatment or change described by the regulations. ‘‘waters’’ « eaux » ‘‘waters’’ means, except for the purposes of subsection 41(2), inland waters, whether in a liquid or solid state, on or below the surface of land. Scope and Application Other Acts 5. Nothing in this Part, the regulations or a licence authorizes a person to contravene any other Act of Parliament or a regulation or order made under any other Act of Parliament. Rights preserved 6. Nothing in this Part, the regulations or a licence constitutes a defence to a claim for loss or damage sustained by any person by reason of the construction or operation of any work forming part of an appurtenant undertaking. Her Majesty Binding on Her Majesty 7. This Part is binding on Her Majesty in right of Canada or a province, except that Her Majesty in right of Canada is not required to pay any fee prescribed by the regulations. Waters vested in Her Majesty 8. (1) Subject to any rights granted by or under any other Act of Parliament in respect of waters in Nunavut, the property in and the right to the use of all waters in Nunavut are vested in Her Majesty in right of Canada. Rights of designated Inuit organization (2) Despite subsection (1), the designated Inuit organization has, in respect of waters in Nunavut, the rights that are provided in the Agreement, including the exclusive right to the use of water on, in, or flowing through Inuit-owned land and the right to have water flow through that land substantially unaffected in quality, quantity and flow. 2001-2002 Eaux du Nunavut et Tribunal de Delegation and Agreements Delegation to territorial minister 9. The Minister may, in writing, delegate to the territorial minister responsible for water resources any of the Minister’s functions under sections 14, 16, 17, 19 and 21, subsection 55(5), section 56, subsection 77(1) and section 84, either generally or as otherwise provided in the instrument of delegation, except that the delegation cannot abrogate or derogate from any rights of Inuit under the Agreement. Agreements with provinces 10. The Minister and the territorial minister responsible for water resources shall, with the assistance of the Board, use their best efforts to negotiate an agreement, subject to any agreement entered into under section 5 or 11 of the Canada Water Act, with a provincial government providing for the management of any waters situated partially in Nunavut and partially in a province, or flowing between Nunavut and a province. The Minister shall not enter into an agreement without the approval of the Governor in Council. Prohibitions Use of waters 11. (1) Subject to subsection (2), no person shall use, or permit the use of, waters in Nunavut except in accordance with the conditions of a licence. Exceptions (2) Subsection (1) does not apply in respect of (a) any unlicensed use of waters that is authorized by the regulations; (b) the use of waters (i) for a domestic purpose, or (ii) for the purpose of extinguishing a fire or, on an emergency basis, controlling or preventing a flood; or (c) the use of waters in a national park. Duties in certain cases (3) Where a person diverts waters for a purpose referred to in subparagraph (2)(b)(ii), the person shall, when the need for the diversion has ceased, discontinue the diversion and, in so far as possible, restore the waters to their original channel. � Deposit of waste C. 10 Nunavut Waters and Nunavu 12. (1) Subject to subsection (2) and except in accordance with the conditions of a licence, no person shall deposit or permit the deposit of waste (a) in waters in Nunavut; or (b) in any other place in Nunavut under conditions in which the waste, or any other waste that results from the deposit of that waste, may enter waters in Nunavut. Exceptions (2) Subsection (1) does not apply in respect of (a) any unlicensed deposit of waste that is authorized by the regulations; or (b) the deposit of waste in a national park. Duty to report deposits (3) Where waste is deposited in contravention of this section, every person who owns or has the charge, management or control of the waste, or who caused or contributed to the deposit, shall, subject to the regulations, without delay report the deposit to an inspector. Compensation Right to compensation 13. (1) Except as otherwise provided by a compensation agreement referred to in this Part, a person, including the designated Inuit organization, who is adversely affected by a licensed use of waters or deposit of waste, or by an unlicensed use of waters or deposit of waste authorized by the regulations, is entitled to be compensated in respect of that adverse effect by the licensee or the person so authorized and to recover the compensation in any court of competent jurisdiction. Limitation (2) A person, including the designated Inuit organization, is entitled to recover compensation under subsection (1) only to the extent that the person is not paid compensation under any other provision of this Part in respect of the adverse effect. 2001-2002 Eaux du Nunavut et Tribunal de DIVISION 1 NUNAVUT WATER BOARD Establishment and Organization of Board Establishment of Board 14. (1) There is hereby established the Nunavut Water Board, the members of which are to be appointed by the Minister. Number of members (2) Subject to sections 16 and 17, the Board consists of nine members, including the Chairperson. Proportions (3) The following rules apply to the appointment of members, other than the Chairperson: (a) one half of the members shall be appointed on the nomination of the designated Inuit organization; and (b) one quarter of the members shall be appointed on the nomination of (i) the territorial minister responsible for renewable resources, and (ii) the territorial minister or ministers designated, by an instrument of the Executive Council of Nunavut, for the purposes of this paragraph. Appointment of Chairperson (4) The Chairperson shall be appointed after consultation with the other members. Term of office 15. (1) A member of the Board shall be appointed to hold office for a term of three years. Acting after expiry of term (2) If the term of a member expires before the member has made a decision in a matter for which a public hearing is held, the member may, with the authorization of the Chairperson, continue to act as a member only in relation to that matter until the hearing is concluded and a decision is made. The office of the member is deemed to be vacant as soon as the term expires for the purpose of the appointment of a replacement. Additional members 16. Additional members may be appointed to the Board for the performance of a specified purpose, or for a term of less than three years, in the manner and the proportions provided by subsection 14(3). �� C. 10 Nunavut Waters and Nunavu Inuit of northern Quebec 17. (1) During any period preceding the ratification by the parties of an agreement to settle the offshore land claims of the Inuit of northern Quebec, the Minister shall appoint, on the nomination of Makivik, a number of substitute members of the Board equal to one-half the number appointed on the nomination of the designated Inuit organization. Role of substitute members (2) In respect of licensing decisions of the Board that apply to any area of equal use and occupancy described in Schedule 40-1 to the Agreement, the substitute members shall act in the place of such members appointed on the nomination of the designated Inuit organization as are identified by the Minister, after consultation with that organization, at the time of the appointment of the substitute members. Term (3) Subject to subsection 15(2), the term of a substitute member is three years, except that the term of that member expires on the ratification referred to in subsection (1). Status of substitute members (4) Substitute members shall not be considered to be members, except in respect of decisions referred to in subsection (2). Oath of office 18. Before taking up their duties, members of the Board shall take and subscribe the oath of office set out in Schedule 2 before a person authorized by law to administer oaths. Removal 19. Any member of the Board may be removed for cause, but before a member who was nominated by the designated Inuit organization, Makivik or the territorial ministers is removed, the Minister shall consult the designated Inuit organization, Makivik or the territorial ministers, as the case may be. Reappointment 20. A member is eligible to be reappointed to the Board in the same or another capacity. Vacancies 21. Where the office of a member becomes vacant, the Minister shall, without delay, appoint a new member to that office, and if the vacancy occurs during the term of a member, a replacement shall be appointed only for the remainder of that term. 2001-2002 Eaux du Nunavut et Tribunal de Duties of Chairperson 22. The Chairperson is the chief executive officer of the Board and has such powers, duties and functions as are prescribed by the rules or by-laws of the Board. Conflict of interest 23. (1) No member of the Board may participate in a decision on a matter in which that member has a material conflict of interest. Status of Inuk or interest in land (2) A member is not placed in a material conflict of interest merely because the member has the status under the Agreement of an Inuk or has an interest in land in Nunavut. Remuneration and expenses 24. (1) The members of the Board shall receive fair remuneration, as determined by the Minister, for the performance of their duties and shall be paid such travel and living expenses incurred while absent from their ordinary place of residence in the course of performing their duties as are consistent with Treasury Board directives for public servants. Workers’ compensation (2) A member is deemed to be an employee for the purposes of the Government Employees Compensation Act and to be employed in the public service of Canada for the purposes of any regulations made under section 9 of the Aeronautics Act. Languages Language of business 25. (1) The Board shall conduct its business in both of the official languages of Canada in accordance with the Official Languages Act and any directives of the Minister and, on request by a member, in Inuktitut. Public hearings (2) The Board shall conduct public hearings in both of the official languages of Canada in accordance with the Official Languages Act and any directives of the Minister and, on request by a member, an applicant or an intervenor, in Inuktitut. Translation or interpretation (3) Nothing in subsection (1) or (2) shall be construed to prevent the use of translation or interpretation services where a member is otherwise unable to conduct business in Inuktitut or in either official language. �� Witnesses C. 10 Nunavut Waters and Nunavu (4) The Board has, in any proceedings before it, the duty to ensure that any person giving evidence before it may be heard in Inuktitut or in either official language, and that in being so heard the person will not be placed at a disadvantage by not being heard in another of those languages. Head Office and Meetings Head office 26. The head office of the Board shall be at Gjoa Haven or at such other place in Nunavut as the Governor in Council may designate. Business meetings 27. (1) The Board shall ordinarily hold its meetings in Nunavut. Participation by telephone (2) Subject to the rules and by-laws of the Board, any member may participate in a business meeting by means of telephone or other communications facilities that are likely to enable all persons participating in the meeting to hear each other, and a member so participating is deemed for all purposes of this Part to be present at that meeting. Status and General Powers Status 28. (1) The Board is an institution of public government but is not an agent of Her Majesty. Property and contracts (2) The Board may, for the purposes of conducting its business, (a) acquire property in its own name and dispose of the property; and (b) enter into contracts in its own name. Legal proceedings (3) Actions, suits or other legal proceedings in respect of any right or obligation acquired or incurred by the Board may be brought or taken by or against the Board in its name in any court that would have jurisdiction if the Board were a corporation. Panels 29. (1) The Board may establish panels of the Board and delegate any of its powers, duties and functions to them. Composition (2) Every panel shall consist of equal numbers of members appointed to the Board on the nomination of the designated Inuit organization or Makivik, as the case may be, and other members. 2001-2002 Eaux du Nunavut et Tribunal de Staff 30. The Board may employ such officers and employees and engage the services of such agents, advisers and experts as are necessary for the proper conduct of its business, and may fix the terms and conditions of their employment or engagement and pay their remuneration. Indemnification of Board members and employees 31. The members and employees of the Board shall be indemnified by the Board against all damages awarded against them, any settlement paid by them with the approval of the Minister and all expenses reasonably incurred by them, in respect of any claim arising out of their functions as members or employees, if those functions were carried out honestly and in good faith with a view to the best interests of the Board. Financial Provisions Annual budget 32. (1) The Board shall annually submit a budget for the following fiscal year to the Minister for consideration. Accounts (2) The Board shall maintain books of account and records in relation to them in accordance with accounting principles recommended by the Canadian Institute of Chartered Accountants or its successor. Consolidated financial statements (3) The Board shall, within such time after the end of each fiscal year as the Minister specifies, prepare consolidated financial statements in respect of that fiscal year in accordance with the accounting principles referred to in subsection (2), and shall include in the consolidated financial statements any information or statements that are required in support of them. Audit (4) The accounts, financial statements and financial transactions of the Board shall be audited annually by the auditor of the Board and, where the Minister requests, the Auditor General of Canada. The auditor and, where applicable, the Auditor General of Canada shall make a report of the audit to the Board and the Minister. �� C. 10 Nunavut Waters and Nunavu Rules and By-laws Powers of Board 33. (1) The Board may make rules and by-laws respecting the conduct and management of its business. Principles to be applied (2) The Board shall apply the following principles when making rules or by-laws for the conduct of public hearings: (a) the admission of evidence that would not normally be admissible under strict rules of evidence shall be allowed, and appropriate weight shall be given to such evidence; (b) due regard and weight shall be given to Inuit culture, customs and knowledge; and (c) procedural fairness shall be observed. Non-application of Statutory Instruments Act (3) Sections 3, 5 and 11 of the Statutory Instruments Act do not apply in respect of rules and by-laws of the Board. Pre-publication 34. (1) The Board shall give notice at least sixty days in advance of making any rule or by-law about practice and procedure for applications and hearings before it by (a) publishing the proposed rule or by-law in a newspaper or other periodical that, in the opinion of the Board, has a large circulation in Nunavut; and (b) sending a copy of the proposed rule or by-law to the council of each municipality in Nunavut. Representations invited (2) The notice referred to in subsection (1) shall include an invitation to interested persons to make representations in writing to the Board about the proposed rule or by-law within sixty days after publication of the notice. Response to representations (3) The Board may not make the rule or by-law until after it has responded to any representations made within the time limit referred to in subsection (2). 2001-2002 Eaux du Nunavut et Tribunal de Exception (4) Once a notice is published under subsection (1), no further notice is required to be published about any amendment to the proposed rule or by-law that results from representations made by interested persons. Publication (5) As soon as possible after the rule or by-law has been made, the Board shall (a) publish it in a newspaper or other periodical that, in the opinion of the Board, has a large circulation in Nunavut; and (b) publish a notice in the Canada Gazette that the rule or by-law has been made, indicating the newspaper or periodical in which it has been published. Objects of Board and Its Relationship with Other Bodies Objects 35. The objects of the Board are to provide for the conservation and utilization of waters in Nunavut, except in a national park, in a manner that will provide the optimum benefit from those waters for the residents of Nunavut in particular and Canadians in general. Land use plans 36. (1) The Board shall contribute fully to the development of land use plans so far as they concern waters in Nunavut, by providing recommendations to the Nunavut Planning Commission. Conformity with the plan (2) In order to avoid unnecessary duplication and to ensure that projects are dealt with in a timely manner, the Board shall cooperate and coordinate its consideration of applications with the Nunavut Planning Commission’s review of projects under section 11.5.10 of the Agreement for conformity with any applicable land use plans approved in accordance with Part 5 of Article 11 of the Agreement. Environmental screening and review of projects 37. (1) In order to avoid unnecessary duplication and to ensure that projects are dealt with in a timely manner, the Board shall cooperate and coordinate its consideration of applications with the Nunavut Impact Review Board or any federal environmental assessment panel referred to in section 12.4.7 of the Agreement in relation to the screening of projects by that Board and the review of projects by that Board or panel. �� C. 10 Nunavut Waters and Nunavu Joint hearings (2) The Board may, in lieu of conducting a separate public hearing in respect of a licence in connection with a project for which a public hearing is to be held by the Nunavut Impact Review Board or the panel referred to in subsection (1), as the case may be, conduct, in relation to the project, a joint hearing with that Board or panel or participate in the hearing of that Board or panel. Restriction on powers: non-conformity with plan 38. (1) The Board may not issue, amend or renew a licence to use waters or deposit waste if there is an applicable land use plan approved in accordance with Part 5 of Article 11 of the Agreement unless the Nunavut Planning Commission, in accordance with section 11.5.10 of the Agreement, (a) has determined that the use or deposit, or in the case of an amendment any change to the use or deposit, conforms to the land use plan; or (b) has approved a variance in respect of the use, deposit or change. Mandatory rejection of application (2) The Board shall reject an application in relation to a licence where the Nunavut Planning Commission has informed the Board that the use, deposit or change to which the application relates does not conform to the land use plan and that the Commission will not be approving a variance. Effect of rejection (3) If the Board rejects an application under subsection (2), (a) the Board shall not take any further action in respect of that application, including any action referred to in subsection 48(3), section 51 or subsection 52(1) or 55(1); and (b) the applicant may, within one year after the date of the rejection, request an exemption in accordance with section 11.5.11 of the Agreement. Reconsideration of application (4) If an exemption referred to in paragraph (3)(b) is obtained, subsection (1) and paragraph (3)(a) no longer apply and the Board shall resume processing the application. Date of application (5) For the purposes of section 47, the date of an application that has been resumed under subsection (4) is the date on which the application was first made. 2001-2002 Eaux du Nunavut et Tribunal de Restriction on powers: environmental review of projects 39. (1) The Board may not issue, amend or renew a licence to use waters or deposit waste where the use or deposit, or in the case of an amendment any change to the use or deposit, or the appurtenant undertaking requires screening in accordance with Part 4 of Article 12 of the Agreement, until the Nunavut Impact Review Board has completed the screening and, where a review under Part 5 or 6 of that Article is required, issued a project certificate referred to in section 12.5.12 or 12.6.17 of the Agreement. Exception (2) Notwithstanding subsection (1), where an appurtenant undertaking is required to be reviewed, the Board may, before the project certificate is issued, issue, amend or renew a licence to use waters or deposit waste in relation to exploration or developmental work related to the appurtenant undertaking, provided that (a) the use or deposit falls within Schedule 12-1 of the Agreement or can, in the judgment of the Nunavut Impact Review Board, proceed without the review; or (b) the licence is issued, amended or renewed for an interim, short-term period. Other water authorities 40. Where the use of waters or the deposit of waste that is the subject of an application to the Board would have a significant impact on a use of waters or a deposit of waste in a national park or any place outside Nunavut, the Board may collaborate with any body exercising powers of water management for that park or place. Marine areas 41. The Board may, either jointly with the Nunavut Planning Commission, the Nunavut Impact Review Board and the Nunavut Wildlife Management Board, as established by the Agreement, acting as the Nunavut Marine Council referred to in section 15.4.1 of the Agreement, or on its own, advise and make recommendations respecting any marine area to any department or agency of the Government of Canada or the Government of Nunavut, and those governments shall consider that advice and those recommendations when �� C. 10 Nunavut Waters and Nunavu making any decision that may affect that marine area. DIVISION 2 LICENCES General Rules Issuance 42. (1) Subject to this Act and on application, the Board may issue the appropriate licence. Exception (2) The Board may not issue a licence in respect of a use of waters described in paragraph 11(2)(b) or (c) or a deposit of waste described in paragraph 12(2)(b). Refusal to issue licence (3) The Board may not refuse to issue a licence merely because the regulations authorize the use of waters or the deposit of waste without a licence. Renewal, amendment and cancellation 43. (1) Subject to this Act, the Board may (a) on application by the licensee, renew a licence, with or without changes to the conditions of the licence; (b) amend, for a specified term or otherwise, any condition of a licence (i) on application by the licensee, (ii) to deal with a water shortage, or (iii) where the Board considers the amendment to be in the public interest; and (c) cancel a licence (i) on application by the licensee, (ii) where the licensee, for three successive years, fails to exercise the licensee’s rights under the licence, or (iii) where the Board considers the cancellation to be in the public interest. Renewal and amendment (2) Sections 57 to 76 apply in relation to the renewal or amendment of a licence. 2001-2002 Eaux du Nunavut et Tribunal de Assignment of licences 44. (1) A sale or other disposition by a licensee of any right, title or interest in an appurtenant undertaking constitutes, subject to the authorization of the Board, an assignment of the licence to the person to whom the sale or other disposition is made. Authorization of assignment (2) The Board shall, on application, authorize the assignment of a licence if it is satisfied that the assignment and the operation of the appurtenant undertaking would not be likely to result in a contravention of any condition of the licence or any provision of this Part or the regulations. Licence not otherwise assignable (3) Except as provided in this section, a licence is not assignable. Term 45. The term of a licence or any renewal shall not exceed twenty-five years. Expiry or cancellation 46. The expiry or cancellation of a licence does not relieve the holder from any obligations imposed by the licence. Precedence 47. Subject to section 62, where two persons hold licences or other authorizations to use waters issued by any authority responsible for the management of waters in the Northwest Territories or in Nunavut, the person who first applied is entitled to the use of the waters in accordance with that person’s licence or authorization in precedence to the other person. Applications in Relation to Licences Requirements 48. (1) An application in relation to a licence shall contain the information and be in the form required by the rules or by-laws of the Board, and be accompanied by the fees required by the regulations. Information and studies to be provided to Board (2) An application, except in relation to a cancellation, shall be accompanied by the information and studies concerning the use of waters or the deposit of waste that are required for the Board to evaluate the qualitative and quantitative effects of the use or the deposit on waters. �� Guidelines for applicant C. 10 Nunavut Waters and Nunavu (3) On the filing of an application, the Board may provide guidelines to the applicant respecting the information to be provided by the applicant in respect of any matter that the Board considers relevant, including the following: (a) the description of the use of waters, deposit of waste or appurtenant undertaking, as the case may be; (b) the qualitative and quantitative effects of the use of waters or the deposit of waste on the drainage basin where the use is to be undertaken or the deposit is to be made, and the anticipated impact of the use or deposit on other users; (c) the measures the applicant proposes to take to avoid or mitigate any adverse impact of the use of waters or the deposit of waste; (d) the measures the applicant proposes to take to compensate persons, including the designated Inuit organization, who are adversely affected by the use of waters or the deposit of waste; (e) the program the applicant proposes to undertake to monitor the impact of the use of waters or the deposit of waste; (f) the interests in and rights to lands and waters that the applicant has obtained or seeks to obtain; and (g) the options available for the use of waters or the deposit of waste. Delegation 49. The Board may delegate to its chief administrative officer the power (a) to issue, amend, renew or cancel a licence in relation to which no public hearing is required; and (b) to authorize, in accordance with subsection 44(2), the assignment of a licence. Procedure Standing 50. In the exercise of its functions in relation to applications, the Board shall accord full standing to the following: (a) Tunngavik, or any other Organization, within the meaning of section 1.1.1 of the Agreement, designated by Tunngavik, to 2001-2002 Eaux du Nunavut et Tribunal de make representations on behalf of the Inuit of Nunavut; (b) Makivik to make representations respecting the interests of the Inuit of northern Quebec in relation to islands and marine areas of the Nunavut Settlement Area traditionally used and occupied by those Inuit; (c) the councils of the Fort Churchill Indian Band and Northlands Indian Band to make representations respecting their interests in relation to the areas that those bands have traditionally used and continue to use; and (d) the councils of the Black Lake Indian Band, Hatchet Lake Indian Band and Fond du Lac Indian Band to make representations respecting their interests in relation to the areas that those bands have traditionally used and continue to use. The Board shall take the representations into account. Applications determined summarily 51. (1) Applications in relation to licences for which no public hearing is required shall be dealt with summarily by the Board. Exception (2) Notwithstanding subsection (1), the Board may, where satisfied that it would be in the public interest to do so, hold a public hearing in connection with any matter relating to its objects. Public hearing required 52. (1) Subject to subsection 37(2), a public hearing shall be held by the Board before it disposes of (a) any application in relation to a licence, unless the application is of a class that is exempted by the regulations from the requirement of a public hearing; and (b) an application for permission to expropriate under section 77. Exception (2) A public hearing need not be held (a) if the applicant or licensee consents in writing to the disposition of a matter without a public hearing, provided that no other person informs the Board by the tenth day before the day of the proposed hearing �� C. 10 Nunavut Waters and Nunavu of the person’s intention to make representations; (b) before an application is rejected under subsection 38(2); or (c) in the case of an application for the amendment of a licence where the Board, with the consent of the Minister, declares the amendment to be required on an emergency basis. Place of hearing 53. A public hearing that is held by the Board shall take place in the community or communities within Nunavut most affected by the application before the Board. Powers at hearings 54. The Board has, in respect of public hearings, the powers of a commissioner appointed under Part I of the Inquiries Act. Notice of applications 55. (1) The Board shall give notice of every application in relation to a licence to the council of each municipality in the area affected by the application and shall publish the notice in a newspaper of general circulation in the area affected or, if there is no such newspaper, in such other manner as the Board considers appropriate. The notice shall invite interested persons to make representations within a specified period and shall advise them of the consequences, as provided in section 59 and subsection 60(2), of any failure to respond to the notice. Notice of hearings (2) Where the Board decides or is required under this Part to hold a public hearing, it shall give notice, in the manner described in subsection (1), at least sixty days before the commencement of the hearing, of the place, date and time of the hearing. The place, date and time of the hearing shall be chosen and the notice published by the Board in a manner that promotes public awareness and participation in that hearing. Communication of information (3) Where a public hearing is held in relation to an application, the information provided to the Board in relation to the application shall be made available to the public within a reasonable period of time before the commencement of the hearing. 2001-2002 Eaux du Nunavut et Tribunal de Where public hearing not held (4) Where a public hearing is not held in relation to an application, the Board shall not act on the application until at least thirty days after notice of the application has been published under subsection (1) unless, in the opinion of the Board, there are urgent circumstances that justify the Board acting on that application in a shorter period, but that shorter period shall not be less than ten days. Exception (5) Subsections (1) and (4) do not apply in respect of an application for the amendment of a licence where the Board, with the consent of the Minister, declares the amendment to be required on an emergency basis. Conditions of Issuance Approval of issuance 56. (1) The issuance, amendment, renewal and cancellation of a type A licence and, if a public hearing is held, a type B licence are subject to the approval of the Minister. Reasons (2) Within 45 days after the Minister receives a licence that has been issued, amended or renewed or a notice of cancellation of a licence, the Minister shall make a decision on whether to approve the issuance, amendment, renewal or cancellation of the licence and, if the decision is not to approve, give written reasons for the decision. Extension (2.1) The Minister may extend the 45 days referred to in subsection (2) for a further consecutive forty five days, for a total of 90 days, by notifying the Board of the extension within the first 45 days. Absence of decision (2.2) If the Minister does not make a decision within the forty five or ninety days referred to in subsection (2) or (2.1) respectively, whichever is applicable, the Minister is deemed to have approved the issuance, amendment, renewal or cancellation, as the case may be. Limitation (3) The disagreement of the Minister with the amount of compensation determined under paragraph 63(1)(b) is not sufficient reason for the Minister to withhold approval in respect of a licence for a use of waters or deposit of waste that may substantially affect the quality, quantity or flow of waters flowing through Inuit-owned land. �� Copies of decisions to parties C. 10 Nunavut Waters and Nunavu (4) The Minister shall send a copy of the Minister’s decision and, in the case of a decision to withhold approval, the reasons for the decision (a) to the Board; (b) to the applicant or licensee; (c) where the affected waters are ones in respect of which section 63 applies, to the designated Inuit organization; and (d) to any other person with a right to compensation under section 58 or 60. Conditions for issuance of licence 57. The Board may not issue a licence unless the applicant satisfies the Board that (a) any waste produced by the appurtenant undertaking will be treated and disposed of in a manner that is appropriate for the maintenance of the water quality standards and effluent standards that are prescribed by the regulations or, in the absence of such regulations, that the Board considers acceptable; and (b) the financial responsibility of the applicant, taking into account the applicant’s past performance, is adequate for (i) the completion of the appurtenant undertaking, (ii) such measures as may be required in mitigation of any adverse impact, and (iii) the satisfactory maintenance and restoration of the site in the event of any future closing or abandonment of that undertaking. Compensation of existing users 58. The Board may not issue a licence unless the applicant, with respect to any person, other than an instream user, who would be entitled to use waters in precedence to the applicant under section 47, (a) satisfies the Board that the use of waters or the deposit of waste would have no adverse effects on the use of waters by that person; (b) satisfies the Board that any adverse effects caused by the use of waters or the 2001-2002 Eaux du Nunavut et Tribunal de deposit of waste would not be significant, and has paid or undertaken to pay the compensation that the Board considers appropriate to that person; or (c) has entered into an agreement to compensate that person for any adverse effects. Failure to respond 59. In the circumstances described in paragraph 58(b), an applicant need not compensate the person under section 58 if the person fails to respond to the notice of application given under subsection 55(1) within the time period specified in the notice for making representations to the Board. Compensation of other users 60. (1) The Board may not issue a licence unless (a) the applicant satisfies the Board that compensation that the Board considers appropriate has been or will be paid by the applicant to any person who would be adversely affected by the proposed use of waters or deposit of waste and who, at the time the application was filed, (i) used waters for a domestic purpose in the Northwest Territories or in Nunavut, (ii) held a licence under this Act or the Northwest Territories Waters Act to deposit waste in the Northwest Territories or in Nunavut, (iii) was an instream user in the Northwest Territories or in Nunavut, (iv) was, as authorized by regulations made under this Act or the Northwest Territories Waters Act, using waters or depositing waste in the Northwest Territories or in Nunavut without a licence under either Act, (v) was an owner or an occupier of land in the Northwest Territories or in Nunavut, or (vi) was a holder of an outfitting concession, a registered trapline or other rights of a similar nature in the Northwest Territories or in Nunavut; or (b) the applicant has entered into an agreement to compensate any person described in subparagraphs (a)(i) to (vi) who would be adversely affected. �� C. 10 Nunavut Waters and Nunavu Failure to respond (2) Subsection (1) does not apply in respect of a person referred to in that subsection who fails to respond to the notice of application given under subsection 55(1) within the time period specified in that notice for making representations to the Board. Inuit-owned land (3) Where subsection 63(1) applies in respect of adverse effects on any person described in subparagraphs (1)(a)(i) to (vi) that are caused by a use of waters or a deposit of waste that may substantially alter the quality, quantity or flow of waters flowing through Inuit-owned land, subsection (1) does not apply in respect of those effects for which compensation has already been paid, has been agreed to be paid or has been determined by the Board pursuant to subsection 63(1). Factors in determining compensation 61. In determining whether compensation is appropriate for the purpose of paragraph 58(b) or subsection 60(1), the Board shall consider all relevant factors, including (a) provable loss or damage; (b) potential loss or damage; (c) any adverse effect on the quality, quantity or flow of waters; (d) the extent of the use of waters by persons who would be adversely affected; (e) any nuisance, inconvenience or disturbance, including noise; and (f) the cumulative effects of the use of waters or deposits of waste proposed by the applicant and any existing uses of waters and deposits of waste. Inuit-owned Land Priority of use 62. In relation to Inuit-owned land, any existing use of waters by Inuit has priority over any licensed use or deposit of waste by any person who has a mineral right. 2001-2002 Compensation agreements Eaux du Nunavut et Tribunal de 63. (1) The Board shall not issue a licence in respect of a use of waters or a deposit of waste that may substantially affect the quality, quantity or flow of waters flowing through Inuit-owned land, unless (a) the applicant has entered into an agreement with the designated Inuit organization to pay compensation for any loss or damage that may be caused by the change; or (b) where there is no agreement referred to in paragraph (a), the Board has, on the request of the applicant or the designated Inuit organization, made a determination of the appropriate compensation. Payment of compensation (2) The payment of compensation referred to in paragraph (1)(b) shall be a condition of the licence. Costs (3) Unless otherwise determined by the Board, costs incurred by the designated Inuit organization as a result of a request referred to in paragraph (1)(b) shall be paid by the applicant. Use outside Nunavut 64. (1) On request by the designated Inuit organization or a person who has applied to the water authority responsible for the management of waters outside Nunavut, but within the Northwest Territories, for a licence or other authorization in relation to a use of waters or a deposit of waste that may substantially affect the quality, quantity or flow of waters flowing through Inuit-owned land, the Board shall collaborate with that authority to reach a joint determination on the compensation to be paid. Costs (2) Unless determined otherwise by the Board, costs incurred by the designated Inuit organization as a result of a request referred to in subsection (1) shall be paid by the applicant. Interpretation 65. For greater certainty, sections 63 and 64 apply where a body of water delineates a boundary between Inuit-owned land and other land and that body of water is not located entirely on Inuit-owned land. Negotiation to be in good faith 66. A request referred to in paragraph 63(1)(b) or subsection 64(1) shall not be considered by the Board unless the requester has negotiated in good faith and has been unable to reach an agreement. �� Factors in determining compensation C. 10 Nunavut Waters and Nunavu 67. (1) For the purpose of determining compensation under paragraph 63(1)(b) and subsection 64(1), the Board shall take into account the following factors: (a) the adverse effects of the change in the quality, quantity or flow of waters on Inuit-owned land; (b) the nuisance, inconvenience or disturbance, including noise, caused by the change; (c) the cumulative effects of the change and of any existing uses of waters and deposits of waste; (d) the cultural attachment of Inuit to the affected Inuit-owned land, including waters; (e) the peculiar and special value of the affected Inuit-owned land, including waters; and (f) any interference with Inuit rights derived from the Agreement or otherwise. Periodic review and payment (2) Unless otherwise agreed by the designated Inuit organization and the applicant, where the Board has made a determination of compensation under paragraph 63(1)(b) or subsection 64(1), the Board shall provide, where the nature and duration of the use or deposit of waste warrant it, for the periodic review and periodic payment of that compensation. National parks in Nunavut 68. Sections 63 and 65 to 67 apply in respect of a use of waters or a deposit of waste that is within the jurisdiction of the authority responsible for the management of waters in a national park in Nunavut and (a) any reference in those provisions, except paragraph 63(1)(b), to the Board is deemed to be a reference to that authority; and (b) any reference in section 63 to a licence is deemed to be a reference to an authorization to use waters or deposit waste given by the authority. 2001-2002 Eaux du Nunavut et Tribunal de Mackenzie Valley Gwich’in Sahtu lands 69. Where the Board has been notified under subsection 78(1) of the Mackenzie Valley Resource Management Act, it may not issue a licence for a use of waters or deposit of waste referred to in that subsection unless the requirements of subsection 78(3) of that Act are satisfied. Conditions of Licences Powers of Board 70. (1) Subject to this Act and the regulations, the Board may include in a licence any conditions that it considers appropriate, including conditions relating to (a) the manner in which waters may be used; (b) the quantity, concentration and types of waste that may be deposited and the manner of depositing waste; (c) the studies to be undertaken, works to be constructed, plans, including contingency plans, to be submitted, and monitoring programs to be undertaken; and (d) any future closing or abandonment of the appurtenant undertaking. Monitoring programs (2) The monitoring programs referred to in paragraph (1)(c) may specify responsibilities of the applicant, the Nunavut Impact Review Board or Her Majesty in right of Canada. Project certificate (3) The Board shall, to the extent that it is authorized under this Act to do so, include in a licence the terms and conditions of any project certificate, referred to in section 12.5.12 or 12.6.17 of the Agreement, that is issued in respect of the use of waters or deposit of waste or the appurtenant undertaking to which that use or deposit relates. Purpose of conditions 71. In fixing the conditions of a licence, the Board shall make all reasonable efforts to minimize (a) any adverse effects of the licensed use of waters or deposit of waste on aquatic ecosystems and on the persons who are entitled to be paid compensation under section 58 or 60; �� C. 10 Nunavut Waters and Nunavu (b) any interference by any person referred to in section 62 with the existing use of waters by the Inuit, whether that use is or is not licensed; and (c) any loss or damage described in section 63. Conditions of waste deposit 72. The conditions in a licence relating to the deposit of waste in waters shall (a) be based on the water quality standards prescribed for those waters by the regulations, if any; and (b) be at least as stringent as the effluent standards prescribed for those waters by the regulations, if any. Regulations under Fisheries Act 73. Where the Board issues a licence in respect of any waters to which regulations made under subsection 36(5) of the Fisheries Act apply, any conditions in the licence relating to the deposit of waste in those waters shall be at least as stringent as the conditions prescribed by those regulations. Conditions relating to design of works 74. A licence shall include conditions that are at least as stringent as any standards prescribed by the regulations for the design, construction, operation and maintenance of works used in relation to appurtenant undertakings. Licence conditions deemed amended 75. Where regulations referred to in sections 72 to 74 are made or amended after the issuance of a licence, the conditions of the licence are from that time deemed to be amended to the extent, if any, necessary in order to comply, or remain in compliance, with those sections. Security Security 76. (1) The Board may require an applicant, a licensee or a prospective assignee to furnish and maintain security with the Minister in the form, of the nature, subject to such terms and conditions and in an amount prescribed by, or determined in accordance with, the regulations or that is satisfactory to the Minister. Application of security (2) The security provided by a licensee may be applied by the Minister (a) to compensate, fully or partially, a person, including the designated Inuit orga2001-2002 Eaux du Nunavut et Tribunal de nization, who is entitled to compensation under section 13 and who has been unsuccessful in recovering that compensation, if the Minister is satisfied that the person has taken all reasonable measures to recover it; and (b) to reimburse Her Majesty in right of Canada, fully or partially, for reasonable costs incurred by Her Majesty in right of Canada under subsection 87(4) or, subject to subsection (3), under subsection 89(1). Limitation (3) Paragraph (2)(b) applies in respect costs incurred under subsection 89(1) only the extent that the costs were incurred relation to a contravention referred to subparagraph 89(1)(b)(i). Limitation of security (4) The amount of the security applied by the Minister under subsection (2) in respect of a particular incident or matter may not exceed the total amount of the security required to be furnished and maintained by the licensee under subsection (1). Refund of security (5) Where the Minister is satisfied that an appurtenant undertaking has been permanently closed or permanently abandoned or the licence has been assigned, any portion of the security that, in the Minister’s opinion, will not be applied under subsection (2) shall be returned to the licensee without delay. of to in in Expropriation Permission to expropriate 77. (1) An applicant for a licence, or a licensee, may apply to the Board for permission from the Minister to expropriate, in accordance with the Expropriation Act, land or an interest in land in Nunavut, and the Minister may grant that permission where the Minister, on the recommendation of the Board, is satisfied that (a) the land or interest is reasonably required in relation to an appurtenant undertaking by the applicant or licensee; (b) the applicant or licensee has been unable to acquire the land or interest despite reasonable efforts to do so; and (c) it is in the public interest that such permission be granted. �� C. 10 Nunavut Waters and Nunavu Notice to appropriate minister (2) Where the Minister grants permission under subsection (1), the applicant or licensee shall so advise the appropriate minister in relation to Part I of the Expropriation Act. Expropriation Act (3) For the purposes of the Expropriation Act, land or an interest in land in respect of which the Minister has granted permission to expropriate is deemed to be an interest in land that, in the opinion of the appropriate minister in relation to Part I of the Expropriation Act, is required for a public work or other public purpose, and a reference to the Crown in that Act shall be read as a reference to the applicant or licensee. Inuit-owned land (4) When Inuit-owned land is expropriated and the designated Inuit organization and the applicant or licensee do not agree on the compensation to be paid, notwithstanding subsection (1), subsections 30(3) to (6) of the Expropriation Act do not apply and (a) if both parties make a request to the Arbitration Board established under Article 38 of the Agreement, the Arbitration Board shall (i) appoint a person who is acceptable to both parties to act as a negotiator for the purposes of section 30 of the Expropriation Act, and (ii) fix the remuneration and expenses, to be paid in equal shares by both parties to that person, for the period, not to exceed eight hours unless the parties agree to an extension of the number of hours, that the person performs the duties described in paragraphs (b) and (c); (b) the negotiator shall, on reasonable notice to the parties, meet with them or their authorized representatives, make any inspection of the land that the negotiator believes necessary, receive and consider appraisals, valuations or other written or oral evidence on which the parties rely for their estimation of the amount of compensation payable, whether or not the evidence would be admissible in proceedings before a court, and endeavour to effect a settlement; 2001-2002 Eaux du Nunavut et Tribunal de (c) the negotiator shall, within sixty days after the service of the notice to negotiate, report in writing to each of the parties and to the Arbitration Board concerning the success or failure in the matter of the negotiation; (d) if the negotiation is not successful, or if there are no negotiations, (i) sections 31 to 33 of the Expropriation Act do not apply, and compensation shall be determined by arbitration as set out in Article 38 of the Agreement, (ii) in section 35 and subsection 36(1) of that Act, the term ‘‘adjudged’’ shall be read as ‘‘determined’’, (iii) in section 35 and in subsections 36(1) and (5) of that Act, the term ‘‘the Court’’ shall be read as ‘‘the arbitration panel’’, and (iv) in subsections 36(2) and (3) of that Act, the term ‘‘judgment’’ shall be read as ‘‘the arbitration determination’’; and (e) evidence of anything said or of any admission made in the course of a negotiation under this subsection is not admissible in any proceedings before a court for the recovery of the compensation payable to the designated Inuit organization, or before an arbitration panel established under Article 38 of the Agreement for the determination of the compensation. Charges for services (5) The appropriate minister in relation to Part I of the Expropriation Act may make regulations prescribing fees or charges to be paid by an applicant or a licensee in respect of an expropriation referred to in subsection (1), and rates of interest payable in respect of those fees and charges. �� C. 10 Nunavut Waters and Nunavu Debt due to Her Majesty (6) The fees or charges referred to in subsection (5) are a debt due to Her Majesty in right of Canada by the applicant or licensee, and shall bear interest at the prescribed rate from the date they are payable. Security (7) The appropriate minister in relation to Part I of the Expropriation Act may require the applicant or licensee to provide security, in an amount determined by that minister and subject to any terms and conditions that the minister may specify, for the payment of any fees or charges that are or may become payable under this section. Mitigation of damages — enforcement of undertaking (8) Where the applicant or licensee, in mitigation of any injury or damage caused or likely to be caused to lands by an expropriation, undertakes (a) to abandon or grant, to the owner of the lands or a person interested in the lands, any portion of its lands or of the land being taken or any easement, servitude or privilege over or in respect of the lands, and (b) to construct and maintain any work for the benefit of the owner or interested person, and the owner or interested person accepts the undertaking, the undertaking is deemed to be an undertaking referred to in paragraph 28(1)(b) of the Expropriation Act and it may be enforced by the Board as if it were a condition of the licensee’s licence. Registration (9) A copy of the document evidencing the permission granted by the Minister under subsection (1), certified as such by the Chairperson of the Board, shall be deposited with the registrar of land titles for the registration district in which the affected lands are situated. Duties of registrars of deeds (10) The provisions of section 43 of the National Energy Board Act relating to plans, profiles and books of reference deposited with registrars of deeds under that Act and the duties of registrars of deeds with respect thereto, in so far as they are reasonably applicable and not inconsistent with this Part, apply in respect of copies of documents deposited under subsection (9). 2001-2002 Eaux du Nunavut et Tribunal de Exceptions (11) This section does not apply in respect of lands in Nunavut that are vested in Her Majesty in right of Canada or of which the Government of Canada has power to dispose. Expropriation subject to Agreement (12) The expropriation of Inuit-owned land under this section is subject to the terms of Part 9 of Article 21 of the Agreement. Public Register Public register 78. (1) The Board shall maintain at its main office, in the form prescribed by the regulations, a register convenient for use by the public, in which shall be entered, with respect to each application filed with the Board and with respect to each licence issued by it, such information as is prescribed by the regulations. Register to be open to inspection (2) The register shall be open to inspection by any person, during normal business hours of the Board, on payment of the fee prescribed by the regulations. Copies of contents of register (3) The Board shall, on request and on payment of the fee fixed by the Board, make available copies of information contained in the register. Decisions Reasons for decisions 79. (1) The Board shall issue, and make available to the public, written reasons for its decisions relating to any licence or application. Copies of decisions to parties (2) The Board shall send a copy of its decision and the reasons for it (a) to the applicant or licensee; (b) where the affected waters are ones in respect of which section 63 applies, to the designated Inuit organization; and (c) to any other person with a right to compensation under section 58 or 60. Decisions final 80. Except as provided in this Part, every decision of the Board is final. Appeal to Federal Court 81. (1) An appeal may be taken from a decision of the Board to the Federal Court on a question of law, or a question of jurisdiction, on leave being obtained from that Court on application made within forty-five days after the making of that decision or within such �� C. 10 Nunavut Waters and Nunavu further time as that Court or a judge of that Court allows under special circumstances. Time limit (2) No appeal may be proceeded with unless it is entered in the Federal Court within sixty days after the making of the order granting leave to appeal. DIVISION 3 GENERAL Regulations and Orders Regulations 82. (1) The Governor in Council may, on the recommendation of the Minister, make regulations (a) establishing water management areas in Nunavut consisting of river basins or other geographical areas; (b) for the purposes of paragraphs (b) to (d) of the definition ‘‘waste’’ in section 4, (i) specifying substances and classes of substances, (ii) prescribing quantities or concentrations of substances and classes of substances, and (iii) describing treatments of or changes to water; (c) authorizing the use without a licence of waters in Nunavut, except in a national park, for the purpose, in the quantity, at the rate, during the period and subject to the conditions specified in the regulations; (d) authorizing the deposit of waste without a licence in Nunavut, except in a national park, and specifying the conditions of the deposit, including the quantities, concentration and types of waste that may be deposited; (e) prescribing the manner in which a report under subsection 12(3) is to be made; (f) on the advice of the Board or after consultation with the Board, exempting any class of applications in relation to licences from the requirement of a public hearing; (g) prescribing the criteria to be applied by the Board in determining, on an application 2001-2002 Eaux du Nunavut et Tribunal de for a licence, whether the proposed use of waters or deposit of waste requires a type A or a type B licence; (h) prescribing what constitutes a material conflict of interest for the purpose of subsection 23(1); (i) in relation to the security referred to in subsection 76(1), (i) prescribing the form and nature of the security and the terms and conditions on which it is to be furnished and maintained, and (ii) prescribing the amount of the security or the manner of determining the amount of the security or authorizing the Board to fix that amount in accordance with the regulations; (j) prescribing water quality standards in Nunavut, except in a national park; (k) prescribing effluent standards in Nunavut, except in a national park; (l) prescribing standards for the design, construction, operation and maintenance of works used in relation to appurtenant undertakings; (m) prescribing the fees to be paid (i) for the right to use waters or deposit waste in waters under a licence, (ii) for the filing of any application with the Board, and (iii) for inspection of the register maintained under section 78; (n) prescribing the times at which and the manner in which the fees prescribed under paragraph (m) shall be paid; (o) requiring persons who use waters or deposit waste in waters in Nunavut, except in a national park, to maintain books and records for the proper enforcement of this Part, and to submit to the Board, on a monthly, quarterly, semi-annual or annual basis, reports containing specified information on any of their operations; (p) requiring persons who deposit waste in waters in Nunavut, except in a national �� C. 10 Nunavut Waters and Nunavu park, to submit representative samples of the waste to the Board for analysis or to analyse representative samples and submit the results to the Board; (q) respecting the taking of representative samples of waters or waste and respecting the method of analysing those samples; (r) prescribing the form of the register to be maintained under section 78 and the information to be entered in it; (s) respecting the duties of persons designated as analysts under section 85; and (t) generally, for carrying out the purposes and provisions of this Part. Concurrence of Board (2) For the purposes of paragraphs (1)(a), (c) and (d), the recommendation of the Minister is subject to the concurrence of the Board. Consultation with the Board (3) For the purposes of paragraph (1)(b), the recommendation of the Minister shall be made after consultation with the Board. Variation in regulations (4) Regulations made under subsection (1) may vary, among water management areas established under paragraph (1)(a), according to the use of waters, the purpose of that use and the quantity and rate of flow of waters used, and the quantities, concentrations and types of waste deposited or any other criteria. Reservation of water rights 83. (1) The Governor in Council may, by order, direct the Board not to issue licences permitting the use of, or the deposit of waste directly or indirectly into, any waters specified in the order, or may prohibit a use of waters or a deposit of waste that would otherwise be authorized under paragraph 82(1)(c) or (d) (a) in order to enable comprehensive evaluation and planning to be carried out with respect to those waters, including planning by the Nunavut Planning Commission; or (b) where the use of those waters or the maintenance of their quality is required in connection with an undertaking that is, in the opinion of the Governor in Council, in the public interest. 2001-2002 Eaux du Nunavut et Tribunal de Licences of no effect (2) A licence issued in contravention of an order made under subsection (1) is of no force or effect. Recommendations to Minister 84. The Board may, and at the request of the Minister shall, make such recommendations to the Minister as it considers appropriate concerning any matter in respect of which the Governor in Council is authorized by section 82 or 83 to make regulations or orders. Enforcement Inspectors and analysts 85. (1) The Minister may designate any qualified person as an inspector or analyst for the purposes of this Part. Certificate to be produced (2) The Minister shall furnish every inspector with a certificate of designation as an inspector, and an inspector shall, if so requested, produce the certificate to the person in charge of any place entered by the inspector. Powers of inspection 86. (1) For the purpose of ensuring compliance with this Part, the regulations or a licence, an inspector may, subject to subsection (3), at any reasonable time, (a) enter any place in Nunavut in which the inspector believes, on reasonable grounds, (i) a work is being constructed that, on completion, will form part of an appurtenant undertaking, or (ii) any alteration or extension is being carried out on a work that forms part of an appurtenant undertaking; (b) conduct such inspections of a work described in paragraph (a) as the inspector considers necessary in order to determine (i) whether plans and specifications forming part of an application for a licence, filed with the Board by the person constructing the work, are being complied with, or (ii) whether the alteration or extension of the work is likely to result in a contravention of any condition of a licence; and (c) enter any place in Nunavut, except in a national park, in which the inspector believes, on reasonable grounds, that (i) waters are being used, �� C. 10 Nunavut Waters and Nunavu (ii) there is being or has been carried out any process that may produce or has produced waste, or (iii) there is any waste that may be added to waters, and, in that place, examine any works, waters or waste, open any container that the inspector believes, on reasonable grounds, contains any waters or waste, and take samples of any such waters or waste. Books, records or documents (2) An inspector who enters any place under subsection (1) may examine and copy any books, records or documents in that place that the inspector believes, on reasonable grounds, contain any information relating to the object of the inspection or examination under that subsection. Exception for dwelling-place (3) An inspector may not enter a place that is designed to be used and is being used as a permanent or temporary private dwellingplace. Assistance to inspectors (4) The owner or person in charge of any place referred to in this section and every person found in the place shall give an inspector all reasonable assistance to enable the inspector to carry out the inspector’s functions under this Part, and shall furnish the inspector with such information for purposes of the administration of this Part as the inspector may reasonably request. Remedial measures 87. (1) An inspector may direct any person to take such reasonable measures as the inspector may specify, including the cessation of an activity, to prevent the use of waters or the deposit of waste or the failure of a work related to the use of waters or the deposit of waste, or to counteract, mitigate or remedy the resulting adverse effects, where the inspector believes, on reasonable grounds, (a) that (i) waters have been or may be used in contravention of subsection 11(1) or of a condition of a licence, (ii) waste has been or may be deposited in contravention of subsection 12(1) or of a condition of a licence, or 2001-2002 Eaux du Nunavut et Tribunal de (iii) there has been, or may be, a failure of a work related to the use of waters or the deposit of waste, whether or not there has been compliance with any standards prescribed by the regulations or imposed by a licence; and (b) that the adverse effects of that use, deposit or failure are causing, or may cause, a danger to persons, property or the environment. Report to Minister (2) The inspector shall advise the Minister and the Board of any direction given under subsection (1). Review by Minister (3) Where an inspector gives a direction to a person under subsection (1), the Minister may, and if so requested by the person shall, review the direction without delay, and after completion of the review may alter or revoke the direction. Powers of inspector (4) Where a person fails to comply with a direction given under subsection (1), the inspector may take the measures referred to in that subsection and may, for that purpose, enter any place in Nunavut, other than a place that is designed to be used and is being used as a permanent or temporary private dwellingplace. Recovery of Her Majesty’s costs (5) Any portion of the reasonable costs incurred by Her Majesty in right of Canada under subsection (4) that is not recoverable from the security furnished and maintained under section 76 may be recovered as a debt due to Her Majesty from the person to whom the direction was given. Obstruction 88. (1) No person shall wilfully obstruct or otherwise interfere with an inspector in the carrying out of functions under this Part. False statements (2) No person shall knowingly make a false or misleading statement, either orally or in writing, to an inspector or other person engaged in carrying out functions under this Part. Where work closed or abandoned 89. (1) Where the Minister believes, on reasonable grounds, that (a) a person has closed or abandoned, temporarily or permanently, a work related �� C. 10 Nunavut Waters and Nunavu to the use of waters or the deposit of waste in Nunavut, except in a national park, and (b) either (i) the person has contravened any condition of a licence or any provision of this Part or the regulations, whether or not the condition or provision relates to the closure or abandonment, or (ii) the past operation of the work or its closure or abandonment may cause a danger to persons, property or the environment, the Minister may take any reasonable measures to prevent, counteract, mitigate or remedy any resulting adverse effect on persons, property or the environment and may, for that purpose, enter any place in Nunavut, other than a place that is designed to be used and is being used as a permanent or temporary private dwelling-place. Recovery of Her Majesty’s costs (2) Any portion of the reasonable costs incurred by Her Majesty in right of Canada under subsection (1) that is not recoverable from the security furnished and maintained under section 76 may be recovered as a debt due to Her Majesty from the person who closed or abandoned the work, to the extent that the incurring of those costs resulted from a contravention of a condition or provision referred to in subparagraph (1)(b)(i). Offences and Punishment Principal offences Type A licences 90. (1) Any person who contravenes subsection 11(1) or section 12, or fails to comply with subsection 11(3) or with a direction given by an inspector under subsection 87(1), is guilty of an offence and liable on summary conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding one year, or to both. (2) A licensee holding a type A licence who (a) contravenes any condition of the licence, where the contravention does not constitute an offence under section 91, or (b) fails, without reasonable excuse, to furnish or maintain security as required under subsection 76(1) 2001-2002 Eaux du Nunavut et Tribunal de is guilty of an offence and liable on summary conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding one year, or to both. Type B licences (3) A licensee holding a type B licence who (a) contravenes any condition of the licence, where the contravention does not constitute an offence under section 91, or (b) fails, without reasonable excuse, to furnish or maintain security as required under subsection 76(1) is guilty of an offence and liable on summary conviction to a fine not exceeding $15,000 or to imprisonment for a term not exceeding six months, or to both. Continuing offences (4) Where an offence under this section is committed on or continued for more than one day, it is deemed to be a separate offence for each day on which it is committed or continued. Other offences 91. Any person is guilty of an offence punishable on summary conviction who (a) contravenes subsection 86(4) or section 88, or any regulations made under paragraph 82(1)(o), (p) or (q); or (b) wilfully obstructs or otherwise interferes with a licensee or any person acting on behalf of a licensee in the exercise of the licensee’s rights under this Part, except as authorized under this or any other Act of Parliament. Limitation period 92. Proceedings in respect of an offence under this Part may not be instituted later than two years after the time when the subject-matter of the proceedings arose. Action to enjoin not prejudiced by prosecution 93. (1) Notwithstanding that a prosecution has been instituted in respect of an offence under section 90, the Attorney General of Canada may commence and maintain proceedings to enjoin conduct that constitutes an offence under that section. �� C. 10 Nunavut Waters and Nunavu Civil remedy not affected (2) No civil remedy for any act or omission is affected because the act or omission is an offence under this Part. Certificate of analyst 94. (1) Subject to this section, a certificate purporting to be signed by an analyst, stating that the analyst has analysed or examined a sample submitted by an inspector and giving the results of the analysis or examination, (a) is admissible in evidence in any prosecution under this Part; and (b) in the absence of evidence to the contrary, is proof of its contents without proof of the signature or the official character of the signatory. Attendance of analyst (2) A party against whom a certificate of an analyst is produced under subsection (1) may, with leave of the court, require the attendance of the analyst for the purposes of cross-examination. Notice (3) No certificate shall be admitted in evidence under subsection (1) unless the party intending to produce it has given to the party against whom it is intended to be produced reasonable notice of that intention, together with a copy of the certificate. PART 2 NUNAVUT SURFACE RIGHTS TRIBUNAL Interpretation Definitions 95. The definitions in this section apply in this Part. ‘‘flora’’ « espèces végétales » ‘‘flora’’ means terrestrial and aquatic flora and any of their parts or products. It does not include trees suitable for commercial production of lumber or other building materials except where such trees are required by Inuit for local use, land-based activities or handicraft production. ‘‘harvesting’’ « exploitation » ‘‘harvesting’’ means, in relation to wildlife, reduction into possession and includes hunting, trapping, fishing as defined in section 2 of the Fisheries Act, netting, egging, picking, collecting, gathering, spearing, killing, capturing or taking by any means. 2001-2002 Eaux du Nunavut et Tribunal de ‘‘Tribunal’’ « Tribunal » ‘‘Tribunal’’ means the Nunavut Surface Rights Tribunal established by section 99. ‘‘wildlife’’ « ressources fauniques » ‘‘wildlife’’ (a) means terrestrial, aquatic, avian and amphibian fauna in their wild state and any of their parts or products; and (b) subject to subsection 152(2), includes flora. General Provisions Review 96. The Minister shall review the provisions of this Part, except those provisions that implement obligations under the Agreement, with the representatives of any aboriginal group that is negotiating, in relation to Nunavut, a land claim, the implementation of a treaty or self-government in order to determine whether the provisions under review are inconsistent with the matters being negotiated and, if so, whether those provisions should be amended. Access with consent 97. (1) For greater certainty, except where otherwise provided in the Agreement, no persons, other than Inuit, may enter, cross or remain on Inuit-owned land without the consent of the designated Inuit organization. Effect of entry order (2) Neither the issuance of an entry order by the Tribunal nor any term or condition of such an entry order has the effect of exempting the person to whom the entry order is issued from any obligation, restriction or prohibition imposed by an Act of Parliament, including an obligation, restriction or prohibition set out in the Agreement, or by an instrument made or issued under an Act of Parliament. Her Majesty Binding on Her Majesty 98. This Part is binding on Her Majesty in right of Canada or a province. �� C. 10 Nunavut Waters and Nunavu DIVISION 1 ESTABLISHMENT AND ORGANIZATION OF TRIBUNAL Tribunal Established Establishment 99. (1) There is hereby established the Nunavut Surface Rights Tribunal consisting of a Chairperson and not fewer than two nor more than ten other members to be appointed by the Minister. Odd number (2) The Minister shall make such appointments as are necessary to ensure that an odd number of members holds office at any time. Residency qualification 100. (1) At least two of the members shall be resident in Nunavut. Effect of ceasing to be resident (2) If the Minister determines that a member has ceased to be resident in Nunavut and that the condition imposed by subsection (1) is not satisfied, the appointment of the member is terminated as of the date on which the member receives written notification from the Minister that the determination has been made. Term of office 101. (1) A member shall be appointed to hold office for a term not exceeding three years. Acting after expiry of term (2) If the term of a member expires before the member has made a decision in a matter for which a hearing is held, the member may, with the authorization of the Chairperson, continue to act as a member only in relation to that matter until the hearing is concluded and a decision is made. The office of the member is deemed to be vacant as soon as the term expires for the purpose of the appointment of a replacement. Reappointment 102. A member is eligible to be reappointed to the Tribunal in the same or another capacity. Duties of Chairperson 103. The Chairperson is the chief executive officer of the Tribunal and has such powers, duties and functions as are prescribed by the by-laws of the Tribunal. Remuneration and expenses 104. (1) The members of the Tribunal shall receive fair remuneration, as determined by the Minister, for the performance of their duties and shall be paid such travel and living expenses incurred while absent from their 2001-2002 Eaux du Nunavut et Tribunal de ordinary place of residence in the course of performing their duties as are consistent with Treasury Board directives for public servants. Workers’ compensation (2) A member is deemed to be an employee for the purposes of the Government Employees Compensation Act and to be employed in the public service of Canada for the purposes of any regulations made under section 9 of the Aeronautics Act. Indemnification of Tribunal members and employees 105. The members and employees of the Tribunal shall be indemnified by the Tribunal against all damages awarded against them, any settlement paid by them with the approval of the Minister and all expenses reasonably incurred by them, in respect of any claim arising out of their functions as members or employees, if those functions were carried out honestly and in good faith with a view to the best interests of the Tribunal. Languages Language of business 106. (1) The Tribunal shall conduct its business in both of the official languages of Canada in accordance with the Official Languages Act and any directives of the Minister and, on request by any designated Inuit organization, in Inuktitut. Translation or interpretation (2) Subject to subsections 16(1) and (2) of the Official Languages Act, nothing in subsection (1) shall be construed to prevent the use of translation or interpretation services where a member of the Tribunal is otherwise unable to conduct business in Inuktitut or in either official language. Witnesses (3) The Tribunal has, in any proceedings before it, the duty to ensure that any person giving evidence before it may be heard in Inuktitut or in either official language, and that in being so heard the person will not be placed at a disadvantage by not being heard in another of those languages. Duty to provide simultaneous interpretation (4) The Tribunal has, in any proceedings before it, the duty to ensure that, at the request of any party to the proceedings, facilities are made available for the simultaneous interpretation of the proceedings, including the evidence given and taken, from Inuktitut into �� C. 10 Nunavut Waters and Nunavu one of the official languages, from one of the official languages into Inuktitut or from one of the official languages into the other. Translation of documents (5) The Tribunal has, in any proceedings before it, the duty to provide a translation of any document prepared in Inuktitut or in one of the official languages for the purpose of the proceedings by a party to the proceedings into one or both of the official languages or into Inuktitut or the other official language where necessary to enable another party to the proceedings to understand and deal with the document. Translation of orders (6) The Tribunal shall, on the request of a party to any proceedings before it, provide a translation into Inuktitut of any order made in the proceedings, including any reasons given for the order. Head Office and Meetings Head office 107. The head office of the Tribunal shall be at Iqaluit or at such other place in Nunavut as the Governor in Council may designate. Business meetings 108. (1) The meetings of the Tribunal shall be held at such times and at such places as the Tribunal considers necessary or desirable for the proper conduct of its business. Participation by telephone (2) Subject to the by-laws of the Tribunal, any member may participate in a business meeting by means of telephone or other communications facilities that are likely to enable all persons participating in the meeting to hear each other, and a member so participating is deemed for all purposes of this Part to be present at that meeting. By-laws By-laws 109. The Tribunal may make by-laws respecting the conduct and management of the internal administrative affairs of the Tribunal, including by-laws respecting the assignment of members to panels of the Tribunal. 2001-2002 Eaux du Nunavut et Tribunal de General Powers Staff 110. The Tribunal may employ such officers and employees and engage the services of such agents, advisers and experts as are necessary for the proper conduct of its business and may fix the terms and conditions of their employment or engagement and pay their remuneration. Government facilities and information 111. In exercising its powers or performing its duties or functions, the Tribunal may, where appropriate, use the services and facilities of departments, boards and agencies of the Government of Canada or the Government of Nunavut and may, subject to any other Act of Parliament, obtain from any such department, board or agency any information that is required to exercise those powers or perform those duties or functions. Property and contracts 112. (1) The Tribunal may, for the purposes of conducting its business, (a) acquire property in its own name and dispose of the property; and (b) enter into contracts in its own name. Legal proceedings (2) Actions, suits or other legal proceedings in respect of any right or obligation acquired or incurred by the Tribunal may be brought or taken by or against the Tribunal in its name in any court that would have jurisdiction if the Tribunal were a corporation. Status Status 113. The Tribunal is an institution of public government but is not an agent of Her Majesty. Financial Provisions Annual budget 114. (1) The Tribunal shall annually submit a budget for the following fiscal year to the Minister for consideration. Accounts (2) The Tribunal shall maintain books of account and records in relation to them in accordance with accounting principles recommended by the Canadian Institute of Chartered Accountants or its successor. Consolidated financial statements (3) The Tribunal shall, within such time after the end of each fiscal year as the Minister specifies, prepare consolidated financial statements in respect of that fiscal year in �� C. 10 Nunavut Waters and Nunavu accordance with the accounting principles referred to in subsection (2), and shall include in the consolidated financial statements any information or statements that are required in support of them. Audit (4) The accounts, financial statements and financial transactions of the Tribunal shall be audited annually by the Auditor General of Canada. The Auditor General of Canada shall make a report of the audit to the Tribunal and the Minister. Annual Report Annual report 115. The Tribunal shall, within three months after the end of each fiscal year, submit to the Minister a report on its activities in that year, and shall include in the annual report information on the following matters: (a) its operations; (b) the number of applications made to it; (c) the orders made by it; and (d) such other matters as the Minister may specify. Publication 116. The Tribunal shall publish the annual report. Jurisdiction of Tribunal Negotiations 117. (1) No person may apply to the Tribunal for an order unless the person has attempted to resolve the matter in dispute by negotiation in accordance with the rules made under section 130 or, until such rules have been made, in a manner satisfactory to the Tribunal. Resolved matters (2) The Tribunal may not hear or make an order in respect of any matter that was resolved by negotiation unless the parties consent or it appears, in the opinion of the Tribunal, that there has been a material change in the facts or circumstances that formed the basis of the negotiated resolution. Matters not raised 118. The Tribunal may not make an order in respect of a matter that is not raised by any of the parties. 2001-2002 Eaux du Nunavut et Tribunal de Applications and Hearings Informal and expeditious 119. An application before the Tribunal shall be dealt with as informally and expeditiously as the circumstances and considerations of fairness permit and, in particular, the Tribunal (a) is not bound by any strict rules of evidence; (b) may take into account any material it considers relevant; (c) shall give due weight to Inuit knowledge of wildlife and the environment; and (d) shall, in hearing an application under Division 5, take into account the social, cultural and economic importance of wildlife to Inuit. General powers of Tribunal 120. The Tribunal has, with respect to the attendance and examination of witnesses, the production and inspection of documents and all other matters necessary or proper in relation to applications before the Tribunal, all the powers, rights and privileges of a superior court. Parties to a hearing 121. The following are parties to a hearing before the Tribunal: (a) the applicant and any other person who may apply for an order in respect of which the hearing is held; and (b) the owner of land that would be subject to an order in respect of which the hearing is held and any occupant of that land. Hearing in absence of party 122. The Tribunal may not hear an application in the absence of any party unless (a) that party consents to the holding of the hearing in their absence; or (b) notice of the hearing was given to that party in accordance with the rules of the Tribunal or, in the absence of rules respecting the giving of such notice, in a manner satisfactory to the Tribunal. Location of hearing 123. Unless the parties agree otherwise, (a) an application under section 155 or 167 in relation to an order made under section 155 shall be heard in a community that is convenient to the claimant; and �� C. 10 Nunavut Waters and Nunavu (b) any other application shall be heard in the community that is closest to the land involved. Hearing of applications 124. (1) An application to the Tribunal shall be heard by a panel consisting of three members or, if the parties consent, by one member. If one of the members of a panel is absent, the hearing may continue with only one of the members if the parties consent, but if the parties do not consent, the application shall be reheard by another panel or member. Disposition of application (2) A member who is not present during the entire hearing of an application may not participate in the disposition of the application. Residency requirement (3) Where an application involves Inuitowned land, at least two of the members of the panel hearing the application, or in the case of an application heard by one member, that member, shall be resident in Nunavut. Assignment of members 125. (1) Members shall be assigned to panels in accordance with the by-laws of the Tribunal or, in the absence of by-laws respecting the assignment of members, by the Chairperson. Conflict of interest (2) A member shall not be assigned to, or continue to, hear an application if doing so would place the member in a material conflict of interest. Status of Inuk or interest in land (3) A member is not placed in a material conflict of interest merely because the member has the status under the Agreement of an Inuk or has an interest in land in Nunavut. Powers, duties and functions 126. (1) A panel, or member hearing an application, has all of the powers, and shall perform all of the duties and functions, of the Tribunal in relation to the application. Status of order (2) Any order disposing of an application is an order of the Tribunal. Information made available 127. Before disposing of an application, the Tribunal shall make any information that it intends to use in the disposition available to the parties and provide them with a reasonable opportunity to respond to the information. 2001-2002 References to Federal Court Eaux du Nunavut et Tribunal de 128. The Tribunal may, at any stage of its proceedings, refer to the Federal Court any question or issue of law or of jurisdiction, other than a question or issue that has been referred to an arbitration panel established under Article 38 of the Agreement. Records Records 129. (1) The Tribunal shall (a) keep a public record of all applications made to the Tribunal and orders and other decisions made by the Tribunal in respect of applications; (b) issue, on request and on payment of such fee as the Tribunal may fix, certified copies of any order or other decision, rule or by-law made by the Tribunal; and (c) have the custody and care of all documents filed with the Tribunal. Fees (2) Any fee received by the Tribunal under paragraph (1)(b) may be used by the Tribunal for its operations. Rules Procedures, mediation and costs 130. (1) The Tribunal may make rules (a) respecting the practice and procedure in relation to applications to and hearings before the Tribunal, including the service of documents and the imposition of reasonable time limits; (b) establishing procedures that may be followed in the mediation of matters in dispute; and (c) respecting the allowance of costs, including rules (i) establishing a schedule of fees and other expenses incurred by a party in relation to applications to or hearings before the Tribunal that may be allowed as part of that party’s costs under this Part, and (ii) respecting the circumstances under which the Tribunal may allow costs with respect to matters dealt with in the schedule of fees and other expenses on a basis other than that established by the schedule. �� C. 10 Nunavut Waters and Nunavu Negotiations (2) The Tribunal shall make rules establishing procedures to be followed in the conduct of negotiations for the purposes of subsection 117(1), either generally or with respect to any class of applications. Non-application of Statutory Instruments Act 131. Sections 3, 5 and 11 of the Statutory Instruments Act do not apply in respect of the rules of the Tribunal. Pre-publication 132. (1) The Tribunal shall give notice at least sixty days before making a rule by (a) publishing the proposed rule in a newspaper or other periodical that, in the opinion of the Tribunal, has a large circulation in Nunavut; and (b) sending a copy of the proposed rule to the council of each municipality in Nunavut. Representations invited (2) The notice referred to in subsection (1) shall include an invitation to interested persons to make representations in writing to the Tribunal about the proposed rule within sixty days after publication of the notice. Response to representations (3) The Tribunal may not make the rule until after it has responded to any representations made within the time limit referred to in subsection (2). Exception (4) Once a notice is published under subsection (1), no further notice is required to be published about any amendment to the proposed rule that results from representations made by interested persons. Publication (5) As soon as possible after the rule has been made, the Tribunal shall (a) publish it in a newspaper or other periodical that, in the opinion of the Tribunal, has a large circulation in Nunavut; and (b) publish a notice in the Canada Gazette that the rule has been made, indicating the newspaper or periodical in which it has been published. 2001-2002 Eaux du Nunavut et Tribunal de DIVISION 2 ENTRY ORDERS FOR INUIT-OWNED LANDS Exercise of Mineral Rights Use and occupation 133. On application by any person (a) who has a mineral right granted by Her Majesty in right of Canada in relation to Inuit-owned land, and (b) who has been unable to obtain the consent of the designated Inuit organization, the Tribunal shall make an entry order setting out the terms and conditions for the use and occupation of that land to the extent necessary for the purpose of exercising the mineral right. Prospecting right 134. (1) A person who has a right to prospect for minerals and who applies under section 133 for an entry order to exercise that right on Inuit-owned land shall make a separate application in respect of each parcel of that land. Confidentiality (2) In disposing of an application made by a person who has a right to prospect for minerals, the Tribunal shall take into account the need to provide confidentiality for that person. Definition of ‘‘parcel’’ (3) In subsection (1), ‘‘parcel’’ means the portion of land represented by a code of letters and numbers in the property description, as defined in section 19.1.1 of the Agreement, used for the purposes of conveying title to Inuit-owned land. Access to other land 135. (1) Subject to subsection (2), on application by any person (a) who requires access to Inuit-owned land in order to exercise a mineral right, granted under an Act of Parliament, in relation to any other land, and (b) who has been unable to obtain the consent of the designated Inuit organization, the Tribunal shall make an entry order setting out the terms and conditions for access to that Inuit-owned land to the extent necessary for the purpose of exercising the mineral right. �� Restriction C. 10 Nunavut Waters and Nunavu (2) The Tribunal shall not make an entry order under subsection (1) unless the applicant satisfies the Tribunal that the access is reasonably required. Other Commercial Purposes Right to cross 136. (1) Subject to subsection (2), on application by any person (a) who requires access across Inuit-owned land for a commercial purpose, and (b) who has been unable to obtain the consent of the designated Inuit organization, the Tribunal shall make an entry order setting out the terms and conditions for the access. Restriction (2) The Tribunal shall not make an entry order under subsection (1) unless an arbitration panel established under Article 38 of the Agreement has, in accordance with the Agreement, (a) established that the applicant attempted for a period of not less than sixty days to negotiate the access in good faith; (b) determined that the access is essential to the commercial purposes of the applicant and that access by any other means is physically or financially impractical; and (c) designated a route of access that will minimize any damage to the Inuit-owned land and interference with Inuit use of that land. Terms and conditions (3) An entry order made under subsection (1) shall include terms and conditions to minimize any damage to the Inuit-owned land and interference with Inuit use of that land. Compensation dispute (4) Where the designated Inuit organization has consented to permit a person to cross Inuit-owned land for commercial purposes but that organization and that person are unable to agree on appropriate compensation, the Tribunal shall, on application by that organization or person, make an order resolving the matter. 2001-2002 Eaux du Nunavut et Tribunal de Construction Materials Right to remove materials 137. (1) Subject to subsection (2), on application by the Minister or the territorial minister designated by an instrument of the Executive Council of Nunavut, in any case where the designated Inuit organization has refused entry on Inuit-owned land to remove sand, gravel or other like construction materials, the Tribunal shall make an entry order setting out the terms and conditions, including the payment of compensation, for entry on that land by agents of the Government of Canada or of the Government of Nunavut to remove those construction materials. Restriction (2) The Tribunal shall not make an entry order under subsection (1) unless it determines that the construction materials are required for public purposes and that no alternative supply is reasonably available. Terms and conditions (3) An entry order made under subsection (1) shall include terms and conditions to minimize any damage to the Inuit-owned land and interference with Inuit use of that land and shall require the rehabilitation of the site by the government that removed the construction materials. Compensation (4) In determining the amount of compensation that is payable as a term or condition of an entry order made under subsection (1), the Tribunal shall not take into account any amount that is payable for the construction materials. General Rules for Orders Offer of compensation 138. An applicant for an entry order shall file with the application a copy of the most recent written offer of compensation made to the designated Inuit organization or to the occupant of the land that would be subject to the order. Terms and conditions 139. The Tribunal may include in an entry order, in addition to the terms and conditions required by this Part, (a) terms and conditions respecting any of the following matters, namely, (i) the times when the right may be exercised, �� C. 10 Nunavut Waters and Nunavu (ii) the giving of notice, (iii) limitations on the location in which the right may be exercised and on routes of access, (iv) limitations on the number of persons exercising the right, (v) limitations on the activities that may be carried on and the equipment that may be used, (vi) the giving of security in accordance with the regulations and the purposes for which the security is given, (vii) abandonment and restoration work, and (viii) the right of the designated Inuit organization or occupant of the land to verify, by inspection or otherwise, whether the other terms and conditions have been complied with; and (b) any other terms and conditions that the Tribunal considers appropriate to minimize any damage to or interference with the use and peaceful enjoyment of the land by the occupant of the land or Inuit. Compensation factors 140. (1) Subject to subsection (2), in determining the amount of compensation that is payable under an order, the Tribunal may consider such factors as it considers appropriate and, without limiting the generality of the foregoing, shall consider (a) the market value of the land; (b) the loss of the use of the land to the designated Inuit organization, the occupant of the land and Inuit; (c) the effect on wildlife harvesting by Inuit; (d) the adverse effect of the use or occupancy on any other Inuit-owned land; (e) any damage that may be caused to the land; (f) any nuisance and inconvenience, including noise, to the designated Inuit organization, the occupant of the land and Inuit; (g) the cultural attachment of Inuit to the land; (h) the peculiar and special value of the land to Inuit; 2001-2002 Eaux du Nunavut et Tribunal de (i) any reasonable expenses that may be incurred by the designated Inuit organization or occupant of the land as or on account of costs of an inspection under subparagraph 139(a)(viii); and (j) any reasonable costs incurred by the designated Inuit organization in connection with the application and the hearing. Restriction (2) In determining the amount of compensation payable, the Tribunal shall not consider the reversionary value of the land or any entry fee payable. Payment (3) The Tribunal may require compensation to be paid by one lump sum payment or by periodic payments of equal or different amounts and may require the payment of interest, at a rate to be determined in accordance with the regulations, on compensation payments made after the day on which they are required to be made. Allocation 141. If the Tribunal finds that both the designated Inuit organization and the occupant of the land are affected by the access, it may allocate any compensation payable between them. Effect of entry order 142. (1) Subject to subsection (2), a person to whom an entry order is issued and every successor of that person referred to in section 163 who has notified the designated Inuit organization of the succession is entitled to have access to the land that is subject to the entry order, in accordance with the terms and conditions of the entry order. Payment of entry fee and compensation (2) No person may exercise the rights under an entry order until after the payment of both the entry fee fixed by regulations made under the Nunavut Land Claims Agreement Act and eighty per cent of either the lump sum or the first periodic payment, as the case may be, of the compensation referred to in the offer filed under section 138. �� C. 10 Nunavut Waters and Nunavu DIVISION 3 ENTRY ORDERS FOR NON-INUIT-OWNED LAND Interpretation Definitions 143. The definitions in this section apply in this Division. ‘‘non-Inuitowned land’’ « terre non inuit » ‘‘non-Inuit-owned land’’ means land in Nunavut that is not Inuit-owned land and that is owned or occupied by a person other than Her Majesty in right of Canada. ‘‘occupant’’ « occupant » ‘‘occupant’’ means, in respect of land, any person, other than the owner of the land, whose consent is required by or under another Act of Parliament as a condition of the exercise of a right of access to that land by a person who has a mineral right. Exercise of Mineral Rights Applications for entry orders 144. On application by any person (a) who has a mineral right granted by Her Majesty in right of Canada, (b) who has, under another Act of Parliament, for the purpose of exercising that mineral right, a right of access to non-Inuitowned land that is subject to the consent of the owner or occupant, and (c) who has been unable to obtain the consent of the owner or occupant, the Tribunal shall make an entry order setting out the terms and conditions for the exercise of the right of access to the extent necessary for the purpose of exercising the mineral right. General Rules for Orders Offer of compensation 145. An applicant for an entry order shall file with the application a copy of the most recent written offer of compensation made to the owner or occupant of the land that would be subject to the order. Terms and conditions 146. The Tribunal may include in an entry order in respect of a right of access (a) terms and conditions respecting any of the following matters, namely, 2001-2002 Eaux du Nunavut et Tribunal de (i) the times when the right may be exercised, (ii) the giving of notice, (iii) limitations on the location in which the right may be exercised and on routes of access, (iv) limitations on the number of persons exercising the right, (v) limitations on the activities that may be carried on and the equipment that may be used, (vi) the giving of security in accordance with the regulations and the purposes for which the security is given, (vii) abandonment and restoration work, and (viii) the right of the owner or occupant of the land to verify, by inspection or otherwise, whether the other terms and conditions have been complied with; and (b) any other terms and conditions that the Tribunal considers appropriate to minimize any damage to or interference with the use and peaceful enjoyment of the land by the owner or occupant of the land. Compensation factors 147. (1) Subject to subsection (2), in determining the amount of compensation that is payable under an entry order, the Tribunal may consider such factors as it considers appropriate and, without limiting the generality of the foregoing, shall consider (a) the market value of the land; (b) the loss of the use of the land to the owner or occupant of the land; (c) any damage that may be caused to the land; (d) any nuisance and inconvenience, including noise, to the owner or occupant of the land; (e) any reasonable expenses that may be incurred by the owner or occupant of the land as or on account of costs of an inspection under subparagraph 146(a)(viii); and �� C. 10 Nunavut Waters and Nunavu (f) any reasonable costs incurred by the owner or occupant of the land in connection with the application and the hearing. Restriction (2) In determining the amount of compensation payable, the Tribunal shall not consider the reversionary value of the land. Payment (3) The Tribunal may require compensation to be paid by one lump sum payment or by periodic payments of equal or different amounts and may require the payment of interest, at a rate to be determined in accordance with the regulations, on compensation payments made after the day on which they are required to be made. Allocation 148. If the Tribunal finds that both the owner and the occupant of the land are affected by the access, it may allocate any compensation payable between them. Effect of entry order 149. (1) Subject to subsection (2), a person to whom an entry order is issued and every successor of that person referred to in section 163 who has notified the owner or occupant of the land that is subject to the entry order of the succession is entitled to have access to that land, in accordance with the terms and conditions of the entry order. Payment of compensation (2) No person may exercise the rights under an entry order until after the payment of eighty per cent of either the lump sum or the first periodic payment, as the case may be, of the compensation referred to in the offer filed under section 145. DIVISION 4 MINERAL RIGHTS AND CARVING STONE Specified Substances on Inuit-owned Land Determinations about specified substances 150. On application by the designated Inuit organization or any person who has a mineral right granted by Her Majesty in right of Canada in relation to Inuit-owned land, the Tribunal shall (a) determine whether the specified substances in that land are removed, worked or used for a purpose strictly incidental to the exercise of the mineral right; 2001-2002 Eaux du Nunavut et Tribunal de (b) determine whether the specified substances are used for a purpose directly related to the exercise of the mineral right; or (c) fix the amount of compensation to be paid for specified substances that are used for a purpose not directly related to the exercise of the mineral right. Carving Stone on Crown Lands Conflicts 151. (1) On application by a designated Inuit organization that holds a permit or a lease for the quarrying of carving stone on Crown lands or by a person who has a mineral right granted by Her Majesty in right of Canada in relation to those lands, the Tribunal shall make an order resolving any conflict between the designated Inuit organization and that person respecting the mineral right and the rights flowing from the permit or lease. Definition of ‘‘Crown lands’’ (2) In this section, ‘‘Crown lands’’ means any lands in the Nunavut Settlement Area belonging to Her Majesty in right of Canada or of which the Government of Canada or the Government of Nunavut has power to dispose. DIVISION 5 WILDLIFE COMPENSATION Interpretation Definitions 152. (1) The definitions in this subsection apply in this Division. ‘‘claimant’’ « réclamant » ‘‘developer’’ « entrepreneur » ‘‘claimant’’ means an Inuk or Inuit. ‘‘development activity’’ « activités de développement » ‘‘development activity’’ means any of the following carried out on land or water in the Nunavut Settlement Area or in Zone I or Zone II, within the meaning assigned by section 1.1.1 of the Agreement: ‘‘developer’’ means any person engaged in a development activity and includes, in the case of marine transportation as described in paragraph (c) of the definition ‘‘development activity’’, the owner of a ship. (a) a commercial or industrial undertaking or any extension of the undertaking, provided it is not a marine transportation undertaking; �� C. 10 Nunavut Waters and Nunavu (b) a municipal, territorial, provincial or federal government undertaking or any extension of the undertaking, provided it is not a marine transportation undertaking; and (c) marine transportation directly associated with an undertaking described in paragraph (a) or (b). It does not include any wildlife measure or use approved in accordance with Article 5 of the Agreement. ‘‘Inuk’’ « Inuk » ‘‘Inuk’’ means an individual member of the group of persons referred to in the definition of ‘‘Inuit’’ in subsection 2(1). Wildlife (2) In this Division, ‘‘wildlife’’ does not include flora. Definitions from Marine Liability Act (3) For the purposes of the definition ‘‘developer’’ in subsection (1) and for the purposes of sections 153 and 154, the words ‘‘discharge’’, ‘‘oil’’, ‘‘owner’’ and ‘‘ship’’ have the meanings assigned to them by section 47 of the Marine Liability Act. Liability of Developers Loss or damage 153. (1) Subject to this section, a developer is absolutely liable, without proof of fault or negligence, for any of the following losses or damage suffered by a claimant as a result of a development activity of the developer: (a) loss of or damage to property or equipment used in harvesting wildlife or to wildlife that has been harvested; (b) present and future loss of income from the harvesting of wildlife; and (c) present and future loss of wildlife harvested for personal use by claimants. Exceptions (2) A developer is not liable under subsection (1) 2001-2002 Eaux du Nunavut et Tribunal de (a) where the developer establishes that the loss or damage was wholly the result of an act of war, hostilities, a civil war, an insurrection or a natural phenomenon of an exceptional, inevitable and irresistible character; (b) where the loss or damage was caused by a ship, to the extent that the developer would not, but for subsection (1), have been liable as a result of a defence or limitation of liability available at law; or (c) to the extent that the aggregate loss or damage for each incident exceeds the applicable limit of liability prescribed by, or determined pursuant to, regulations under paragraph 170(e). Claim (3) Any claim for compensation by a claimant, or by a designated Inuit organization or a Hunters and Trappers Organization, within the meaning assigned to that expression by section 1.1.1 of the Agreement, acting on behalf of the claimant, for loss or damage described in subsection (1) shall be made in writing to the developer within three years after the later of the date on which the loss or damage occurs and the date on which it comes to the knowledge of the claimant. Compensation (4) The following principles apply to the determination of the amount of compensation payable as a result of loss or damage described in subsection (1): (a) a claimant is required to make all reasonable attempts to mitigate any loss or damage; and (b) in general, compensation shall not be a guaranteed annual income in perpetuity. Liability of Minister 154. (1) Without limiting the liability of the Minister where the Minister is the person engaged in the development activity or the owner of the ship that caused the loss or damage, the Minister is liable, in relation to any loss or damage that is attributable to marine transportation as described in paragraph (c) of the definition ‘‘development activity’’ in subsection 152(1) other than that resulting from a discharge of oil from a ship, for any portion of the loss or damage for which a developer is not liable because of the �� C. 10 Nunavut Waters and Nunavu application of paragraph 153(2)(b) and for which no other person is liable. Liability of Fund (2) In relation to loss or damage resulting from a discharge of oil from a ship that is engaged in marine transportation as described in paragraph (c) of the definition ‘‘development activity’’ in subsection 152(1), the Ship-source Oil Pollution Fund established under Part 6 of the Marine Liability Act is liable to the same extent that a developer would be liable under section 153 if paragraph 153(2)(b) did not apply. Subrogation (3) The Administrator of the Ship-source Oil Pollution Fund is subrogated, to the extent of any payment made by the Fund under subsection (2), to any rights of the claimant in respect of the loss or damage for which that payment was made and, for that purpose, the Administrator may maintain an action in the Administrator’s name or in the name of the claimant. Applications to Tribunal Application for order 155. On application, made not less than thirty days after the making of a claim in accordance with subsection 153(3), (a) by the claimant, or by a designated Inuit organization or a Hunters and Trappers Organization, within the meaning assigned to that expression by section 1.1.1 of the Agreement, on behalf of the claimant, (b) by a developer, or (c) by the Minister or the Administrator of the Ship-source Oil Pollution Fund, where the Minister, under subsection 154(1), or the Fund, under subsection 154(2), may be liable, the Tribunal shall make an order determining liability for loss or damage and the amount of compensation payable in respect of it. Minimization of loss or damage 156. (1) In order to minimize any loss or damage suffered by a claimant, the Tribunal may (a) dispose of any portion of the application that concerns loss or damage described in paragraph 153(1)(a) before any portion that concerns any other loss; 2001-2002 Eaux du Nunavut et Tribunal de (b) require that interest be paid on compensation, at a rate set by the Tribunal, from the later of the date the loss or damage occurred and the date that it came to the knowledge of the claimant; and (c) provide for additional compensation (i) for any additional loss or damage, and (ii) for costs, including costs of collecting, that may result from any delay in carrying out the terms of an order determining the amount of compensation. Terms of payment (2) The Tribunal may require compensation to be paid by one lump sum payment or by periodic payments of equal or different amounts and may order that, where the limit referred to in paragraph 153(2)(c) has been met, compensation be prorated. Apportionment of liability (3) If the Tribunal determines that more than one developer caused the loss or damage, it shall apportion liability in accordance with generally accepted legal principles. Deadline 157. The Tribunal shall render a decision on an application within thirty days after completing the hearing of the application. Other Remedies Developer, Minister and Ship-source Oil Pollution Fund 158. (1) Nothing in this Division shall be construed as limiting or restricting any remedy that a developer, the Minister or the Ship-source Oil Pollution Fund may have against any person other than the claimant. Claimant (2) Subject to section 166, this Division is without prejudice to any other right or remedy that a claimant may have under a law of general application. DIVISION 6 GENERAL Decisions of the Tribunal Costs 159. The costs relating to an application to or a hearing before the Tribunal that are incurred by the parties are in the discretion of the Tribunal and the Tribunal may, by order, award such costs on or before the final disposition of the application. �� C. 10 Nunavut Waters and Nunavu Reasons for decisions 160. The Tribunal shall give written reasons for every decision that it makes in relation to an application. Copies 161. As soon as practicable after making a decision in relation to an application, the Tribunal shall give copies of the decision and the reasons for it to the parties. Proof of orders 162. A document purporting to be an order or other decision of the Tribunal, or to be certified by the Chairperson of the Tribunal or any other person authorized by the by-laws as a true copy of such a decision, is evidence of the making of the decision and of its contents, without proof of the signature or official character of the person appearing to have signed the decision or certified the copy. Order binding on successor 163. An order of the Tribunal is binding on, and the rights and obligations under it extend to, any person who subsequently acquires the ownership of or other interest or right in the land that is subject to the order and, in the case of an entry order, the right of access and the right for which the right of access was acquired. Enforcement of orders 164. (1) An order of the Tribunal may be made an order of the Nunavut Court of Justice by filing a certified copy of the order with the registrar of the Court and the order is enforceable in the same manner as an order of that Court. Wildlife compensation orders (2) At the request of a claimant, the Tribunal shall file a certified copy of an order made under section 155 with the registrar of the Nunavut Court of Justice. Assistance by Tribunal 165. The Tribunal may provide assistance in the enforcement of an order made under section 155. Review of Orders Findings of fact 166. Subject to sections 167 to 169 and the Federal Court Act, a determination of the Tribunal on the following questions is final and binding: (a) on any question of fact within its jurisdiction; and (b) in an application under section 155, on any question in relation to loss or damage described in subsection 153(1). 2001-2002 Review by Tribunal Eaux du Nunavut et Tribunal de 167. The Tribunal may, on application made by any person who was a party to the hearing held in respect of the order or any successor to such a party referred to in section 163, review any of its orders, including an order made under this section, where it appears, in the opinion of the Tribunal, that there has been a material change in the facts or circumstances relating to the order and shall (a) where it determines that there has been a material change in the facts or circumstances relating to the order that would justify the amendment applied for, (i) if the effects on Inuit or on Inuitowned land that would be caused as a result of the amendment are significantly detrimental, rescind that order and make a new order accordingly, or (ii) in any other case, amend the order accordingly; or (b) in any other case, dismiss the application. Termination 168. The Tribunal shall, on application made by any person who was a party to the hearing held in respect of the order or any successor to such a party referred to in section 163, terminate an entry order under this Part if it is satisfied that the land subject to the order is no longer being used for the purpose for which the order was made. Review of compensation 169. (1) Except where every person to whom notice is given under subsection (2) (a) waives the requirement for a review, or (b) is deemed, under subsection (3), to have waived that requirement, the Tribunal shall review the amount of compensation payable under an order providing for compensation in relation to Inuit-owned lands at the expiry of each five year period after the day on which the order was made. Notice (2) The Tribunal shall, not later than sixty days before the expiry of each period referred to in subsection (1), notify, in writing, each person to whom a copy of the order was sent and any successor to such a person referred to in section 163 who has notified the Tribunal of the succession that �� C. 10 Nunavut Waters and Nunavu (a) the Tribunal intends to review the amount of compensation payable under the order; and (b) the person may make written representations in respect of the amount of compensation to the Tribunal within thirty days after the day on which the person receives the notice. Deemed waiver (3) Every person who does not make representations in the manner described in paragraph (2)(b) is deemed to have waived the requirement for a review. Regulations Regulations 170. The Governor in Council may make regulations (a) prescribing what constitutes a material conflict of interest for the purposes of subsection 125(2); (b) respecting the maintenance of public records by the Tribunal; (c) respecting the amount of security that may be required to be given under a term or condition of an order of the Tribunal made under this Part and the nature, form, terms and conditions of the security and the manner in which the security may be realized; (d) prescribing, for the purposes of subsections 140(3) and 147(3), a rate of interest or rules for determining the rate of interest that may be payable on compensation payments; (e) prescribing, for the purposes of paragraph 153(2)(c), limits of liability of developers, or the method for determining such limits, that are sufficient to cover reasonably foreseeable damages in relation to various development activities; and (f) generally, for carrying out the purposes and provisions of this Part. 2001-2002 Eaux du Nunavut et Tribunal de PART 3 TRANSITIONAL PROVISIONS, CONSEQUENTIAL AND COORDINATING AMENDMENTS AND COMING INTO FORCE Transitional Provisions Continuation of Nunavut Water Board 171. (1) The Board established by section 14 and the Nunavut Water Board established under the Agreement before the day on which this Act is assented to are hereby declared for all purposes to be one and the same body. Acts and decisions of the Board (2) Any act of the Board taken, or any decision made by it under the Agreement, before the day on which this Act is assented to is deemed, to the extent that the act or decision would have been valid under this Act, to have been validly taken or made under this Act. Ministerial approval (3) Any approval to the issuance of a licence by the Board that was given by the Minister before the day on which this Act is assented to is deemed to have been validly given under this Act, to the extent that the approval would have been validly given under this Act with the exception of subsections 56(2) to (2.2). Actions of inspectors (4) Any actions taken in Nunavut by inspectors under the Northwest Territories Waters Act, for the period beginning on July 9, 1996 and ending on the day before the day on which this Act is assented to, are deemed, to the extent that the actions would have been valid under this Act, to have been validly taken under this Act. Licences 172. (1) This Act does not affect licences for the use of waters or the deposit of waste in Nunavut issued under the Northwest Territories Waters Act that were in force immediately before the day on which this Act is assented to. The licences are deemed to have been issued by the Nunavut Water Board under this Act. �� C. 10 Nunavut Waters and Nunavu Pending applications (2) The Nunavut Water Board shall dispose of any application respecting a licence in relation to a use of waters or a deposit of waste to which Part 1 applies that was made to the Northwest Territories Water Board and was pending on July 9, 1996. Existing regulations 173. (1) Until they have been replaced or repealed under this Act, the regulations and orders made under sections 33 and 34 of the Northwest Territories Waters Act that were in force on July 9, 1996 are binding on the Nunavut Water Board from that date, and continue to apply from that date in Nunavut, except in a national park, and the Board shall exercise the powers of the Northwest Territories Water Board under those regulations and orders in relation to Nunavut. Instream use (2) The regulations made under paragraph 33(1)(m) of the Northwest Territories Waters Act are deemed to authorize the unlicensed instream use of waters in Nunavut, except in a national park. Powers of Board (3) During the period of one year following the day on which this Act is assented to, the Nunavut Water Board may, by order, provide that any provision of the regulations made under paragraph 33(1)(m) or (n) of the Northwest Territories Waters Act ceases to apply in relation to Nunavut. Applications not requiring public hearings 174. (1) The regulations made under paragraph 33(1)(c) of the Northwest Territories Waters Act are deemed, in relation to the use of waters or the deposit of waste in Nunavut, to prescribe, as classes of applications that are exempted from the requirement of a public hearing, the classes of applications in relation to the following: (a) in the case of a Type A licence, (i) any amendment that does not affect the use, flow or quality of waters or alter the term of the licence, (ii) any amendment that affects the use, flow or quality of waters or alters the term of the licence, where the Nunavut Water Board, with the consent of the 2001-2002 Eaux du Nunavut et Tribunal de Minister, is of the opinion that an emergency exists that requires the amendment, or (iii) one or several renewals of a total duration not exceeding sixty days; and (b) in the case of a Type B licence, its issuance, amendment, renewal or cancellation. Consultation (2) Within one year after the day on which this Act is assented to, the Minister shall, unless regulations have been made under paragraph 82(1)(f) before that time to replace the regulations referred to in subsection (1), consult the Board on the application of subsection (1). Continuation of Nunavut Surface Rights Tribunal 175. The Tribunal established by section 99 and the Nunavut Surface Rights Tribunal established under the Agreement before this Act is assented to are hereby declared for all purposes to be one and the same body. Consequential Amendments R.S., c. A-1 Access to Information Act 176. Schedule I to the Access to Information Act is amended by adding, in alphabetical order under the heading ‘‘Other Government Institutions’’, the following: Nunavut Surface Rights Tribunal Tribunal des droits de surface du Nunavut Nunavut Water Board Office des eaux du Nunavut R.S., c. A-12 Arctic Waters Pollution Prevention Act 1992, c. 40, s. 49 177. The definition ‘‘analyst’’ in section 2 of the Arctic Waters Pollution Prevention Act is replaced by the following: ‘‘analyst’’ « analyste » ‘‘analyst’’ means a person designated as an analyst under the Canada Water Act, the Yukon Waters Act, the Northwest Territories Waters Act or the Nunavut Waters and Nunavut Surface Rights Tribunal Act; �� 1998, c. 25 C. 10 Nunavut Waters and Nunavu Mackenzie Valley Resource Management Act 178. Section 60 of the Mackenzie Valley Resource Management Act is amended by adding the following after subsection (3): Inuit-owned lands (3.1) Sections 15.1 to 15.5 of the Northwest Territories Water Act apply to the board in relation to Inuit-owned lands referred to in those sections, even though those lands are outside the Mackenzie Valley. 1988, c. 12 Northern Canada Power Commission (Share Issuance and Sale Authorization) Act 1992, c. 39, s. 49(1) 179. Section 12 of the Northern Canada Power Commission (Share Issuance and Sale Authorization) Act is replaced by the following: Exemption from fees 12. The Minister may, with the approval of the Governor in Council, make an order exempting the Corporation from the requirement to pay fees for the right to use waters or deposit waste under a licence under the Northwest Territories Waters Act or Part 1 of the Nunavut Waters and Nunavut Surface Rights Tribunal Act. 1992, c. 39 Northwest Territories Waters Act 180. (1) The definition ‘‘usager particulier’’ in section 2 of the French version of the Northwest Territories Waters Act is repealed. (2) Section 2 of the French version of the Act is amended by adding the following in alphabetical order: « usager ordinaire » ‘‘instream user’’ « usager ordinaire » La personne qui utilise les eaux pour subvenir à ses besoins ou se constituer un revenu, sans toutefois les détourner, les obstruer ni modifier leur cours, leurs rives ou leur lit. 2001-2002 Other water authorities Eaux du Nunavut et Tribunal de 181. The Act is amended by adding the following after section 7: 7.1 Where the use of waters or the deposit of waste that is the subject of an application to the Board would have a significant impact on a use of waters or a deposit of waste in an area for which another body is exercising powers of water management, the Board may collaborate with that body. 182. Paragraph 8(2)(b) of the French version of the Act is replaced by the following: b) par un usager ordinaire; Objects 183. Section 12 of the Act is replaced by the following: 12. The objects of the Board are to provide for the conservation, development and utilization of waters in a manner that will provide the optimum benefit for all Canadians in general and, in particular, for the residents of any part of the Northwest Territories for which the Board is authorized to issue licences. 184. (1) Clause 14(4)(a)(i)(A) of the Act is replaced by the following: (A) by any existing licensee who holds a licence issued under this Act or the Nunavut Waters and Nunavut Surface Rights Tribunal Act, or (2) Subparagraph 14(4)(b)(i) of the Act is replaced by the following: (i) any licensee who holds a licence issued under this Act or the Nunavut Waters and Nunavut Surface Rights Tribunal Act and to whom paragraph (a) does not apply, (3) Subparagraph 14(4)(b)(iii) of the French version of the Act is replaced by the following: (iii) des usagers ordinaires, (4) Paragraph 14(4)(b) of the Act is amended by adding the following after subparagraph (v): (v.1) persons referred to in paragraph 61(d) of the Nunavut Waters and Nunavut Surface Rights Tribunal Act, �� 1998, c. 25, s. 166 C. 10 Nunavut Waters and Nunavu (5) Paragraph 14(4)(b.1) of the Act is repealed. 185. Paragraph 15(2)(c) of the French version of the Act is replaced by the following: c) les usagers ordinaires; 186. The Act is amended by adding the following after section 15: Inuit-owned land 15.1 (1) The Board shall not issue a licence in respect of a use of waters or a deposit of waste that may substantially alter the quality, quantity or flow of waters flowing through Inuit-owned land, unless (a) the applicant has entered into an agreement with the designated Inuit organization to pay compensation for any loss or damage that may be caused by the alteration; or (b) where there is no agreement referred to in paragraph (a), (i) on the request of the applicant or the designated Inuit organization, the Board has made a joint determination of the appropriate compensation with the Nunavut Water Board, or (ii) where the Board and the Nunavut Water Board are unable to jointly determine compensation under subparagraph (i), a judge of the Nunavut Court of Justice has determined the compensation. Payment of compensation (2) The payment of compensation referred to in paragraph (1)(b) shall be a condition of the licence. Costs (3) Unless otherwise determined by the Nunavut Water Board, costs incurred by the designated Inuit organization as a result of a request referred to in subparagraph (1)(b)(i) shall be paid by the applicant. Negotiation to be in good faith 15.2 A request referred to in subparagraph 15.1(1)(b)(i) shall not be considered by the Board unless the requester has negotiated in good faith and has been unable to reach an agreement. 2001-2002 Factors in determining compensation Eaux du Nunavut et Tribunal de 15.3 For the purpose of determining compensation under paragraph 15.1(1)(b), the following factors shall be taken into account: (a) the adverse effects of the alteration of the quality, quantity or flow of waters on Inuit-owned land; (b) the nuisance, inconvenience or disturbance, including noise, caused by the alteration; (c) the cumulative adverse effects of the alteration and of any existing uses of waters and deposits of waste; (d) the cultural attachment of Inuit to the affected Inuit-owned land, including waters; (e) the peculiar and special value of the affected Inuit-owned land, including waters; and (f) any interference with Inuit rights derived from the Agreement or otherwise. Periodic review and payment 15.4 Unless otherwise agreed by the designated Inuit organization and the applicant, where a determination of compensation has been made under paragraph 15.1(1)(b), that determination shall provide, having due regard to the nature and duration of the use of waters or deposit of waste, for the periodic review and periodic payment of that compensation. Interpretation 15.5 (1) In this section and sections 15.1 to 15.4, (a) ‘‘Agreement’’, ‘‘Inuit’’, ‘‘Inuit-owned land’’, ‘‘Makivik’’ and ‘‘Tunngavik’’ have the meanings assigned by subsection 2(1) of the Nunavut Waters and Nunavut Surface Rights Tribunal Act; and (b) ‘‘designated Inuit organization’’ means (i) except in the case of the jointly owned lands referred to in section 40.2.8 of the Agreement, (A) Tunngavik, or (B) any organization designated in the public record maintained by Tunngavik under the Agreement as being responsible for the functions described �� C. 10 Nunavut Waters and Nunavu under sections 20.3.1 and 20.4.1 of the Agreement, or (ii) in the case of the jointly owned lands referred to in section 40.2.8 of the Agreement, Makivik, acting jointly with the organization determined under subparagraph (i). Interpretation (2) For greater certainty, sections 15.1 to 15.4 apply where a body of water delineates a boundary between Inuit-owned land and other land and that body of water is not located entirely on Inuit-owned land. Gwich’in and Sahtu lands 15.6 Where the Board has been notified under subsection 78(1) of the Mackenzie Valley Resource Management Act, it may not issue a licence for a use of waters or deposit of waste referred to in that subsection unless the requirements of subsection 78(3) of that Act are satisfied. 187. Paragraph 21(1)(b) of the French version of the Act is replaced by the following: b) la modification d’un permis de type A qui n’aurait pas de répercussions sur l’utilisation, le cours ou la qualité de l’eau ou sur la durée du permis; 188. Section 29 of the Act is replaced by the following: Precedence 29. (1) Where two persons have licences or other authorizations to use waters issued by any authority responsible for the management of waters in the Northwest Territories or in Nunavut, the person who first applied is entitled to the use of the waters in accordance with that person’s licence or authorization in precedence to the other person. Amendments to a licence or authorization (2) Subsection (1) applies, with such modifications as circumstances require, in respect of any rights a person acquires through an amendment to that person’s licence or authorization. Renewal or assignment of a licence or authorization (3) Subject to subsection (2), a licence or authorization that has been renewed or assigned shall, for the purposes of this section, be deemed to be a continuation of the original licence or authorization. 2001-2002 Eaux du Nunavut et Tribunal de 1996, c. 10, s. 248(2) 189. (1) Subsection 31(2) of the French version of the Act is replaced by the following: Avis au ministre compétent (2) Dans le cas où le ministre accorde l’autorisation, le demandeur ou le titulaire de permis en avise le ministre compétent aux fins de la partie I de la Loi sur l’expropriation. 1996, c. 10, s. 248(2) (2) Subsection 31(3.4) of the Act is replaced by the following: Mitigation of damages — enforcement of undertaking (3.4) Where the applicant or licensee, in mitigation of any injury or damage caused or likely to be caused to lands by an expropriation, undertakes (a) to abandon or grant, to the owner of the lands or a person interested in the lands, any portion of its lands or of the land being taken or any easement, servitude or privilege over or in respect of the lands, and (b) to construct and maintain any work for the benefit of the owner or interested person, and the owner or interested person accepts the undertaking, the undertaking is deemed to be an undertaking referred to in paragraph 28(1)(b) of the Expropriation Act, and it may be enforced by the Board as if it were a condition of the licensee’s licence. R.S., c. O-7; 1992, c. 35, s. 2 Canada Oil and Gas Operations Act 1998, c. 5, s. 12 190. Subsection 5.01(2) of the Canada Oil and Gas Operations Act is replaced by the following: Restriction (2) Where a person occupies land in an area to which this Act applies under a lawful right or title, other than an authorization under paragraph 5(1)(b) or an interest as defined in section 2 of the Canada Petroleum Resources Act, no person may enter on or use the surface of that land for a purpose mentioned in subsection (1) without the consent of the occupier or, where consent has been refused, except in accordance with the terms and conditions of (a) in the case of land within Nunavut, a decision of the Nunavut Surface Rights Tribunal made in accordance with the Nunavut Waters and Nunavut Surface Rights Tribunal Act; and �� C. 10 Nunavut Waters and Nunavu (b) in any other case, a decision of an arbitrator made in accordance with the regulations. Exception R.S., c. P-21 (3) Subsections (1) and (2) do not apply in respect of Inuit-owned land as defined in subsection 2(1) of the Nunavut Waters and Nunavut Surface Rights Tribunal Act. Privacy Act 191. The schedule to the Privacy Act is amended by adding the following in alphabetical order under the heading ‘‘Other Government Institutions’’: Nunavut Surface Rights Tribunal Tribunal des droits de surface du Nunavut Nunavut Water Board Office des eaux du Nunavut 1994, c. 43 Yukon Surface Rights Board Act 192. Subsection 76(1) of the French version of the Yukon Surface Rights Board Act is replaced by the following: Demande de contrôle judiciaire 76. (1) Il est entendu que la Section de première instance de la Cour fédérale conserve, à l’égard de l’Office, la compétence que lui confère l’alinéa 18(1)b) de la Loi sur la Cour fédérale. Cependant, le procureur général du Canada, le ministre territorial ou quiconque est directement touché par l’objet de la demande peut présenter une demande de contrôle judiciaire à la Cour suprême du Yukon, afin de réclamer toute réparation qu’il serait en droit d’obtenir contre l’Office par voie d’injonction, de jugement déclaratoire, de bref — certiorari, mandamus ou prohibition — ou d’ordonnance de même nature. 1992, c. 40 Yukon Waters Act 193. (1) The definition ‘‘usager particulier’’ in section 2 of the French version of the Yukon Waters Act is repealed. 2001-2002 Eaux du Nunavut et Tribunal de (2) Section 2 of the French version of the Act is amended by adding the following in alphabetical order: « usager ordinaire » ‘‘instream user’’ « usager ordinaire » La personne qui utilise les eaux pour subvenir à ses besoins ou se constituer un revenu, sans toutefois les détourner, les obstruer ni modifier leur cours, leurs rives ou leur lit. 194. Paragraph 8(2)(b) of the French version of the Act is replaced by the following: b) par un usager ordinaire; 195. Section 12 of the French version of the Act is replaced by the following: Mission 12. L’Office a pour mission d’assurer la conservation, la mise en valeur et l’exploitation des eaux de la façon la plus avantageuse possible pour les Canadiens en général et les résidents du territoire du Yukon en particulier. 196. Subparagraph 14(4)(b)(iii) of the French version of the Act is replaced by the following: (iii) des usagers ordinaires, 197. Paragraph 15(2)(c) of the French version of the Act is replaced by the following: c) les usagers ordinaires; 198. Paragraph 21(1)(b) of the French version of the Act is replaced by the following: b) la modification d’un permis de type A qui n’aurait pas de répercussions sur l’utilisation, le cours ou la qualité de l’eau ou sur la durée du permis; 1996, c. 10, s. 274(2) 199. (1) Subsection 31(2) of the French version of the Act is replaced by the following: Avis au ministre compétent (2) Dans le cas où le ministre accorde l’autorisation, le demandeur ou le titulaire de permis en avise le ministre compétent aux fins de la partie I de la Loi sur l’expropriation. 1996, c. 10, s. 274(2) (2) Subsection 31(3.4) of the Act is replaced by the following: �� Mitigation of damages — enforcement of undertaking C. 10 Nunavut Waters and Nunavu (3.4) Where the applicant or licensee, in mitigation of any injury or damage caused or likely to be caused to lands by an expropriation, undertakes (a) to abandon or grant, to the owner of the lands or a person interested in the lands, any portion of its lands or of the land being taken or any easement, servitude or privilege over or in respect of the lands, and (b) to construct and maintain any work for the benefit of the owner or interested person, and the owner or interested person accepts the undertaking, the undertaking is deemed to be an undertaking referred to in paragraph 28(1)(b) of the Expropriation Act, and it may be enforced by the Board as if it were a condition of the licensee’s licence. Coordinating Amendments Bill C-14 200. If Bill C-14, introduced in the 1st session of the 37th Parliament and entitled the Canada Shipping Act, 2001, receives royal assent and section 1 of that Act comes into force, then the definition ‘‘use’’ in section 4 of this Act is replaced by the following: ‘‘use’’ « utilisation » ‘‘use’’, in relation to waters, means a direct or indirect use of any kind, including, but not limited to, (a) any use of water power and geothermal resources; (b) any diversion or obstruction of waters; (c) any alteration of the flow of waters; and (d) any alteration of the bed or banks of a river, stream, lake or other body of water, whether or not the body of water is seasonal. However, it does not include navigation or any other use connected with shipping activities that are governed by the Canada Shipping Act, 2001. 2001-2002 Eaux du Nunavut et Tribunal de Bill C-30 201. If Bill C-30, introduced in the 1st session of the 37th Parliament and entitled the Courts Administration Service Act, receives royal assent and section 1 of that Act comes into force, then section 166 of this Act is replaced by the following: Findings of fact 166. Subject to sections 167 to 169 and the Federal Courts Act, a determination of the Tribunal on the following questions is final and binding: (a) on any question of fact within its jurisdiction; and (b) in an application under section 155, on any question in relation to loss or damage described in subsection 153(1). Bill C-30 202. (1) If Bill C-30, introduced in the 1st session of the 37th Parliament and entitled the Courts Administration Service Act (referred to in this section as the ‘‘other Act’’), receives royal assent, then subsection 76(1) of the French version of the Yukon Surface Rights Board Act is replaced by the following: Demande de contrôle judiciaire 76. (1) Il est entendu que la Cour fédérale conserve, à l’égard de l’Office, la compétence que lui confère l’alinéa 18(1)b) de la Loi sur les Cours fédérales. Cependant, le procureur général du Canada, le ministre territorial ou quiconque est directement touché par l’objet de la demande peut présenter une demande de contrôle judiciaire à la Cour suprême du Yukon, afin de réclamer toute réparation qu’il serait en droit d’obtenir contre l’Office par voie d’injonction, de jugement déclaratoire, de bref — certiorari, mandamus ou prohibition — ou d’ordonnance de même nature. Coming into force (2) Subsection (1) comes into force on the later of the coming into force of section 192 of this Act and section 181 of the other Act. �� Coming into force C. 10 Nunavut Waters and Nunavu Coming into Force 203. Subsections 171(2) to (4), section 172 and subsections 173(1) and (2) and 174(1) are deemed to have come into force on July 9, 1996. 2001-2002 Eaux du Nunavut et Tribunal des droits SCHEDULE 1 (Subsection 2(1)) For the purposes of the definition ‘‘designated Inuit organization’’, the following are the provisions of the Act and the corresponding provisions of the Agreement: (a) section 8, sections 20.2.2, 20.2.4 and 20.3.1; (b) section 13, sections 20.2.4 and 20.3.1; (c) subsection 14(3), section 13.3.1; (d) subsections 17(1) and (2), sections 13.3.1 and 40.2.14; (e) section 19, section 13.3.1; (f) subsection 29(2), sections 13.3.1 and 13.3.6; (g) paragraph 48(3)(d), section 20.2.4; (h) paragraph 56(4)(c), section 20.3.1; (i) section 63, section 20.3.1; (j) section 64, section 20.4.1; (k) subsection 67(2), sections 20.3.1 and 20.4.1; (l) paragraph 76(2)(a), section 20.2.4; (m) subsection 77(4), section 21.9.8; (n) paragraph 79(2)(b), section 20.3.1; (o) subsection 97(1), section 21.2.1; (p) subsection 106(1), section 21.8.8; (q) section 133, section 21.7.11; (r) paragraph 135(1)(b), section 21.2.1; (s) paragraph 136(1)(b), section 21.7.15; (t) subsection 136(4), section 21.7.14; (u) subsection 137(1), section 21.6.1; (v) section 138, section 21.8.4; (w) subparagraph 139(a)(viii), subsection 21.8.3(i); (x) paragraph 140(1)(b), subsection 21.8.3(b); (y) paragraph 140(1)(f), subsection 21.8.3(f); (z) paragraph 140(1)(i), subsection 21.8.3(i); (z.1) paragraph 140(1)(j), subsection 21.8.3(j); (z.2) section 141, section 21.8.5; (z.3) subsection 142(1), section 19.3.1; (z.4) section 150, sections 19.2.3 and 19.2.4; (z.5) subsection 151(1), section 19.9.5; (z.6) subsection 153(3), section 6.4.1; and (z.7) paragraph 155(a), section 6.4.1. �� C. 10 Nunavut Waters and Nunavut Surfa SCHEDULE 2 (Section 18) I, ..............., do solemnly affirm (or swear) that I will faithfully, truly, impartially and honestly and to the best of my judgment, skill and ability, execute and perform the duties required of me as a member of the Nunavut Water Board. (So help me God.) Published under authority of the Speaker of the House of Commons Available from: Public Works and Government Services Canada — Publishing, Ottawa, Canada K1A 0S9 ��������� ����� ������ ����� ��� ���������� �������� �������������������� ������� ������ ��� ���

F irst Session, T hirty-seventh P arliament, 49-50 E lizabeth I I , 2001 SENATE OF CANADA BILL S-22 A n A ct to provide for the recognition of the C anadian horse as the national horse of C anada A S PA SSE D B Y T H E SE N AT E N OV E M B E R 8, 2001 S U M M A RY T his enactment recognizes the C anadian horse as the national horse of C anada. A ll parliamentary publications are available on the Parliamentary Internet Parlementaire at the following address: http://www.parl.gc.ca étan 1st Session, 37th Parliament, 49-50 Elizabeth II, 2001 SENATE OF CANADA BILL S-22 An Act to provide for the recognition of the Canadian horse as the national horse of Canada Preamble WHEREAS the Canadian horse was introduced into Canada in 1665, when the King of France sent horses from his own stables to the people of his North American colony; Loi 1 2 3 4 5 WHEREAS the Canadian horse increased 6 in number during the ensuing century to be- 7 come an invaluable ally to the settlers in 8 their efforts to survive and prosper in their 9 10 new home; WHEREAS all Canadians who have 11 known the Canadian horse have made clear 12 their high esteem for the qualities of great 13 strength and endurance, resilience, intelli- 14 gence and good temper that distinguish the 15 breed; 16 WHEREAS the Canadian horse was at 17 one time in danger of being lost through in- 18 terbreeding or as a casualty of war, but has 19 survived these perils; 20 WHEREAS , since 1885 and all during 21 the present century, widespread and increas- 22 ingly successful efforts have been made to 23 re-establish and preserve the Canadian 24 horse; 25 AND WHEREAS the Government of Ca- 26 nada wishes to recognize the unique place of 27 the Canadian horse in the history of Canada; 28 A q C a é d q p q p v tr q c d ré li ra q p q p q p o p q re c d Her Majesty, by and with the advice and 29 Sa M consent of the Senate and House of Com- 30 du S mons of Canada, enacts as follows: 31 Can National Horseof C SHORT TITLE Short title 1. This Act may be cited as the National 1 Horseof Canada Act. 2 THE NATIONAL HORSE National horse 2. The horse known as the Canadian horse 3 2 is hereby recognized and declared to be the 4 igné national horse of Canada. 5 Published under authority of the Senate of Canada Publ Available from: Public Works and Government Services Canada — Publishing, Ottawa, Canada K1A 0S9 En v Trav Otta

First Session, Thirty-seventh Parliament, 49-50-51 Elizabeth II, 2001-2002 STATUTES OF CANADA 2002 CHAPTER 15 An Act respecting royal assent to bills passed by the Houses of Parliament BILL S-34 ASSENTED TO 4th JUNE, 2002 SUMMARY This enactment provides an alternative procedure for signifying royal assent to bills. ��� ������������� ������������ ��� ��������� �� ��� ������������� �������� ������������� �� ��� ��������� �������� ��������������������� 49-50-51 ELIZABETH II CHAPTER 15 An Act respecting royal assent to bills passed by the Houses of Parliament [Assented to 4th June, 2002] Preamble WHEREAS royal assent is the constitutional culmination of the legislative process; WHEREAS the customary ceremony of royal assent, which assembles the three constituent entities of Parliament, is an important legislative tradition to be preserved; AND WHEREAS it is desirable to facilitate the work of Parliament and the process of enactment by enabling royal assent to be signified by written declaration; NOW, THEREFORE, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: Short title Form and manner of royal assent 1. This Act may be cited as the Royal Assent Act. 2. Royal assent to a bill passed by the Houses of Parliament may be signified, during the session in which both Houses pass the bill, (a) in Parliament assembled; or (b) by written declaration. Use of customary form and manner Minimum requirement 3. (1) Royal assent shall be signified in Parliament assembled at least twice in each calendar year. (2) Royal assent shall be signified in Parliament assembled in the case of the first bill of the session appropriating sums for the public service of Canada based upon main or supplementary estimates. C. 15 � Royal A Witness of assent (3) The signification of royal assent by written declaration may be witnessed by more than one member from each House of Parliament. Notification in Parliament 4. Each House of Parliament shall be notified of a written declaration of royal assent by the Speaker of that House or by the person acting as Speaker. 5. Where royal assent is signified by written declaration, the Act is deemed to be assented to on the day on which the two Houses of Parliament have been notified of the declaration. Date of assent Declaration not a statutory instrument Saving 6. A written declaration of royal assent is not a statutory instrument for the purposes of the Statutory Instruments Act. 7. No royal assent is invalid only because section 3 is not complied with. Published under authority of the Senate of Canada Available from: Public Works and Government Services Canada — Publishing, Ottawa, Canada K1A 0S9 ��������� ����� ������ ����� ��� ���������� �������� �������������������� ������� ������ ��� ���

Second Session, Thirty-seventh Parliament, 51 Elizabeth II, 2002 STATUTES OF CANADA 2002 CHAPTER 29 An Act respecting the protection of wildlife species at risk in Canada BILL C-5 ASSENTED TO 12th DECEMBER, 2002 RECOMMENDATION Her Excellency the Governor General recommends to the Hou Commons the appropriation of public revenue under the circumsta in the manner and for the purposes set out in a measure entitled ‘‘A respecting the protection of wildlife species at risk in Canada’’. SUMMARY The purposes of this enactment are to prevent Canadian indige species, subspecies and distinct populations of wildlife from beco extirpated or extinct, to provide for the recovery of endangere threatened species, to encourage the management of other speci prevent them from becoming at risk. This enactment establishes the Committee on the Status of En gered Wildlife in Canada (COSEWIC) as an independent bod experts responsible for assessing and identifying species at ris provides that COSEWIC’s assessments are to be reported to Minister of the Environment and to the Canadian Endangered Sp Conservation Council and it authorizes the Governor in Counc establish by regulation the official list of species at risk based on process. It requires that the best available knowledge be used to define and short-term objectives in a recovery strategy for endangered threatened species and it provides for action plans to identify spe actions. It creates prohibitions to protect listed threatened and endang species and their critical habitat. It recognizes that compensation may be needed to ensure fai following the imposition of the critical habitat prohibitions. It creates a public registry to assist in making documents unde Act more accessible to the public. It is consistent with Aboriginal and treaty rights and respect authority of other federal ministers and provincial governments. ��� ������������� ������������ ��� ��������� �� ��� ������������� �������� ������������� �� ��� ��������� �������� ��������������������� TABLE OF PROVISIONS AN ACT RESPECTING THE PROTECTION OF WILDLIFE SPECIES AT RISK IN CANADA Preamble SHORT TITLE 1. Short title INTERPRETATION 2. Definitions 3. Aboriginal and treaty rights 4. Sedentary living organisms HER MAJESTY 5. Binding on Her Majesty 6. Purposes PURPOSES CANADIAN ENDANGERED SPECIES CONSERVATION COUNCIL 7. Composition ADMINISTRATION OF ACT 8. Responsibility of Minister 8.1 National Aboriginal Council on Species at Risk 9. Advisory committees to assist Minister 10. Administrative agreements STEWARDSHIP ACTION PLAN 10.1 Stewardship action plan 10.2 Contents 11. Conservation agreements — species at risk 12. Conservation agreements — other species 13. Funding agreements STEWARDSHIP WILDLIFE SPECIES LISTING PROCESS Committee on the Status of Endangered Wildlife in Canada 14. Establishment 15. Functions 16. Composition 17. Regulations and guidelines 18. Subcommittees �� 19. Rules 20. Staff and facilities 21. Status reports 22. Applications 23. Time for assessment 24. Review of classifications 25. Copies to Minister and Council 26. Annual reports Reviews and Reports List of Wildlife Species at Risk 27. Power to amend List 28. Applications for assessment of imminent threat 29. Emergency listing 30. Review 31. Recommendation to amend List MEASURES TO PROTECT LISTED WILDLIFE SPECIES General Prohibitions 32. Killing, harming, etc., listed wildlife species 33. Damage or destruction of residence 34. Application — certain species in provinces 35. Application — certain species in territories 36. Prohibitions re provincial and territorial classifications Recovery of Endangered, Threatened and Extirpated Species Recovery Strategy 37. Preparation — endangered or threatened species 38. Commitments to be considered 39. Cooperation with others 40. Determination of feasibility 41. Contents if recovery feasible 42. Proposed recovery strategy 43. Comments 44. Existing plans 45. Amendments 46. Reporting 47. Preparation 48. Cooperation with other ministers and governments 49. Contents 50. Proposed action plan 51. Existing plans Action Plan �� 52. Amendments 53. Regulations 54. Use of powers under other Acts 55. Monitoring and reporting Protection of Critical Habitat 56. Codes of practice, national standards or guidelines 57. Purpose 58. Destruction of critical habitat 59. Regulations re federal lands 60. Provincial and territorial classifications 61. Destruction of critical habitat 62. Acquisition of lands 63. Progress reports on unprotected portions of critical habitat 64. Compensation Management of Species of Special Concern 65. Preparation of management plan 66. Cooperation with other ministers and governments 67. Multi-species or ecosystem approach permissible 68. Proposed management plan 69. Existing plans 70. Amendments 71. Regulations 72. Monitoring 73. Powers of competent minister 74. Competent minister acting under other Acts 75. Adding terms and conditions 76. Exemption for existing agreements, permits, etc. 77. Licences, permits, etc. under other Acts of Parliament 78. Agreements and permits under other provincial and territorial Acts Agreements and Permits Project Review 79. Notification of Minister Emergency Orders 80. Emergency order 81. Equivalent measures 82. Recommendation to repeal Exceptions 83. General exceptions 84. Regulations �� ENFORCEMENT MEASURES Enforcement Officers 85. Enforcement officers Inspections 86. Inspections 87. Custody of things seized 88. Disposition by competent minister 89. Liability for costs Disposition of Things Seized Assistance to Enforcement Officers 90. Right of passage 91. Assistance 92. Obstruction Investigations 93. Application for investigation 94. Investigation 95. Competent minister may send evidence to Attorney General 96. Suspension or conclusion of investigation OFFENCES AND PUNISHMENT 97. Contraventions 98. Officers, etc., of corporations 99. Offences by employees or agents 100. Due diligence 101. Venue 102. Sentencing considerations 103. Forfeiture 104. Retention or sale 105. Orders of court 106. Suspended sentence 107. Limitation period 108. When alternative measures may be used 109. Terms and conditions in agreement 110. Duration of agreement 111. Filing in court for purpose of public access 112. Stay of proceedings 113. Application to vary agreement 114. Application of provisions dealing with records 115. Disclosure of information by peace officer or enforcement officer ALTERNATIVE MEASURES � 116. Government records 117. Disclosure of records 118. Information exchange agreements 119. Regulations PUBLIC REGISTRY 120. Public registry 121. Regulations 122. Protection from proceedings 123. Documents to be in public registry 124. Restriction FEES AND CHARGES 125. Regulations REPORTS AND REVIEW OF ACT 126. Annual report to Parliament 127. Convening round table 128. Reports on status of wildlife species 129. Parliamentary review of Act ASSESSMENT OF WILDLIFE SPECIES MENTIONED IN THE SCHEDULES 130. Assessment of status 131. Section 27 applies 132. Time for recovery strategy 133. Time for management plan RELATED AMENDMENTS 134-136. Canada Wildlife Act 137. Canadian Environmental Assessment Act 138. Migratory Birds Convention Act, 1994 139-141. Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act COORDINATING AMENDMENT 141.1 Bill C-10 COMING INTO FORCE 142. Order of Governor in Council SCHEDULES 1 TO 3 51 ELIZABETH II CHAPTER 29 An Act respecting the protection of wildlife species at risk in Canada [Assented to 12th December, 2002] Preamble Recognizing that Canada’s natural heritage is an integral part of our national identity and history, wildlife, in all its forms, has value in and of itself and is valued by Canadians for aesthetic, cultural, spiritual, recreational, educational, historical, economic, medical, ecological and scientific reasons, Canadian wildlife species and ecosystems are also part of the world’s heritage and the Government of Canada has ratified the United Nations Convention on the Conservation of Biological Diversity, providing legal protection for species at risk will complement existing legislation and will, in part, meet Canada’s commitments under that Convention, the Government of Canada is committed to conserving biological diversity and to the principle that, if there are threats of serious or irreversible damage to a wildlife species, cost-effective measures to prevent the reduction or loss of the species should not be postponed for a lack of full scientific certainty, responsibility for the conservation of wildlife in Canada is shared among the governments in this country and that it is important for them to work cooperatively to pursue the establishment of complementary legislation and programs for the protection and recovery of species at risk in Canada, it is important that there be cooperation between the governments in this country to maintain and strengthen national standards of environmental conservation and that the Government of Canada is committed to the principles set out in intergovernmental � C. 29 Species agreements respecting environmental conservation, the Canadian Endangered Species Conservation Council is to provide national leadership for the protection of species at risk, including the provision of general direction to the Committee on the Status of Endangered Wildlife in Canada in respect of that Committee’s activities and general directions in respect of the development, coordination and implementation of recovery efforts, the roles of the aboriginal peoples of Canada and of wildlife management boards established under land claims agreements in the conservation of wildlife in this country are essential, all Canadians have a role to play in the conservation of wildlife in this country, including the prevention of wildlife species from becoming extirpated or extinct, there will be circumstances under which the cost of conserving species at risk should be shared, the conservation efforts of individual Canadians and communities should be encouraged and supported, stewardship activities contributing to the conservation of wildlife species and their habitat should be supported to prevent species from becoming at risk, community knowledge and interests, including socio-economic interests, should be considered in developing and implementing recovery measures, the traditional knowledge of the aboriginal peoples of Canada should be considered in the assessment of which species may be at risk and in developing and implementing recovery measures, knowledge of wildlife species and ecosystems is critical to their conservation, the habitat of species at risk is key to their conservation, and Canada’s protected areas, especially national parks, are vital to the protection and recovery of species at risk, Espèces e NOW, THEREFORE, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: SHORT TITLE Short title 1. This Act may be cited as the Species at Risk Act. INTERPRETATION Definitions 2. (1) The definitions in this subsection apply in this Act. ‘‘action plan’’ « plan d’action » ‘‘action plan’’ means an action plan included in the public registry under subsection 50(3) and includes any amendment to it included in the public registry under section 52. ‘‘alternative measures’’ « mesures de rechange » ‘‘alternative measures’’ means measures, other than judicial proceedings, that are used to deal with a person who is alleged to have committed an offence. ‘‘aquatic species’’ « espèce aquatique » ‘‘aquatic species’’ means a wildlife species that is a fish, as defined in section 2 of the Fisheries Act, or a marine plant, as defined in section 47 of that Act. ‘‘Attorney General’’ « procureur général » ‘‘Attorney General’’ means the Attorney General of Canada or, for the purposes of sections 108 to 113, an agent of the Attorney General of Canada. ‘‘Canadian Endangered Species Conservation Council’’ « Conseil canadien pour la conservation des espèces en péril » ‘‘Canadian Endangered Species Conservation Council’’ means the Council referred to in subsection 7(1). � ‘‘competent minister’’ « ministre compétent » C. 29 Species ‘‘competent minister’’ means (a) the Minister of Canadian Heritage with respect to individuals in or on federal lands that are administered by that Minister and that are national parks, national historic sites or other protected heritage areas as those expressions are defined in subsection 2(1) of the Parks Canada Agency Act; (b) the Minister of Fisheries and Oceans with respect to aquatic species, other than individuals mentioned in paragraph (a); and (c) the Minister of the Environment with respect to all other individuals. ‘‘conveyance’’ « moyen de transport » ‘‘conveyance’’ means a vehicle, aircraft or water-borne craft or any other contrivance that is used to move persons or goods. ‘‘COSEWIC’’ « COSEPAC » ‘‘COSEWIC’’ means the Committee on the Status of Endangered Wildlife in Canada established by section 14. ‘‘critical habitat’’ « habitat essentiel » ‘‘critical habitat’’ means the habitat that is necessary for the survival or recovery of a listed wildlife species and that is identified as the species’ critical habitat in the recovery strategy or in an action plan for the species. ‘‘emergency order’’ « décret d’urgence » ‘‘emergency order’’ means an order made under section 80. ‘‘endangered species’’ « espèce en voie de disparition » ‘‘endangered species’’ means a wildlife species that is facing imminent extirpation or extinction. ‘‘extirpated species’’ « espèce disparue du pays » ‘‘extirpated species’’ means a wildlife species that no longer exists in the wild in Canada, but exists elsewhere in the wild. ‘‘federal land’’ « territoire domanial » ‘‘federal land’’ means Espèces e (a) land that belongs to Her Majesty in right of Canada, or that Her Majesty in right of Canada has the power to dispose of, and all waters on and airspace above that land; (b) the internal waters of Canada and the territorial sea of Canada; and (c) reserves and any other lands that are set apart for the use and benefit of a band under the Indian Act, and all waters on and airspace above those reserves and lands. ‘‘habitat’’ « habitat » ‘‘habitat’’ means (a) in respect of aquatic species, spawning grounds and nursery, rearing, food supply, migration and any other areas on which aquatic species depend directly or indirectly in order to carry out their life processes, or areas where aquatic species formerly occurred and have the potential to be reintroduced; and (b) in respect of other wildlife species, the area or type of site where an individual or wildlife species naturally occurs or depends on directly or indirectly in order to carry out its life processes or formerly occurred and has the potential to be reintroduced. ‘‘individual’’ « individu » ‘‘individual’’ means an individual of a wildlife species, whether living or dead, at any developmental stage and includes larvae, embryos, eggs, sperm, seeds, pollen, spores and asexual propagules. ‘‘land claims agreement’’ « accord sur des revendications territoriales » ‘‘land claims agreement’’ means a land claims agreement within the meaning of section 35 of the Constitution Act, 1982. ‘‘List’’ « liste » ‘‘List’’ means the List of Wildlife Species at Risk set out in Schedule 1. ‘‘listed’’ « inscrite » ‘‘listed’’ means listed on the List. ‘‘Minister’’ « ministre » ‘‘Minister’’ means the Minister of the Environment. ‘‘offence’’ « infraction » ‘‘offence’’ means an offence under this Act. ‘‘provincial minister’’ « ministre provincial » ‘‘provincial minister’’ means any minister of the government of a province who is responsible for the conservation and management of a wildlife species in that province. � C. 29 Species ‘‘public registry’’ « registre » ‘‘public registry’’ means the registry established under section 120. ‘‘recovery strategy’’ « programme de rétablissement » ‘‘recovery strategy’’ means a recovery strategy included in the public registry under subsection 43(2), and includes any amendment to it included in the public registry under section 45. ‘‘residence’’ « résidence » ‘‘residence’’ means a dwelling-place, such as a den, nest or other similar area or place, that is occupied or habitually occupied by one or more individuals during all or part of their life cycles, including breeding, rearing, staging, wintering, feeding or hibernating. ‘‘sell’’ « vente » ‘‘sell’’ includes to offer for sale or lease, have in possession for sale or lease or deliver for sale or lease. ‘‘species at risk’’ « espèce en péril » ‘‘species at risk’’ means an extirpated, endangered or threatened species or a species of special concern. ‘‘species of special concern’’ « espèce préoccupante » ‘‘species of special concern’’ means a wildlife species that may become a threatened or an endangered species because of a combination of biological characteristics and identified threats. ‘‘status report’’ « rapport de situation » ‘‘status report’’ means a report, prepared in accordance with the requirements of regulations made under subsection 21(2), that contains a summary of the best available information on the status of a wildlife species, including scientific knowledge, community knowledge and aboriginal traditional knowledge. ‘‘territorial minister’’ « ministre territorial » ‘‘territorial minister’’ means any minister of the government of a territory who is responsible for the conservation and management of a wildlife species in that territory. ‘‘threatened species’’ « espèce menacée » ‘‘threatened species’’ means a wildlife species that is likely to become an endangered species if nothing is done to reverse the factors leading to its extirpation or extinction. ‘‘treaty’’ « traité » ‘‘treaty’’ means a treaty within the meaning of section 35 of the Constitution Act, 1982. ‘‘wildlife management board’’ « conseil de gestion des ressources fauniques » ‘‘wildlife management board’’ means any board or other body established under a land claims agreement that is authorized by the agreement to perform functions in respect of wildlife species. 2002 ‘‘wildlife species’’ « espèce sauvage » Espèces e ‘‘wildlife species’’ means a species, subspecies, variety or geographically or genetically distinct population of animal, plant or other organism, other than a bacterium or virus, that is wild by nature and (a) is native to Canada; or (b) has extended its range into Canada without human intervention and has been present in Canada for at least 50 years. Deeming (2) For the purposes of the definition ‘‘wildlife species’’ in subsection (1), a species, subspecies, variety or geographically or genetically distinct population is, in the absence of evidence to the contrary, presumed to have been present in Canada for at least 50 years. Competent minister (3) A reference to a competent minister in any provision of this Act is to be read as a reference to the competent minister in respect of the wildlife species, or the individuals of the wildlife species, to which the provision relates. Aboriginal and treaty rights 3. For greater certainty, nothing in this Act shall be construed so as to abrogate or derogate from the protection provided for existing aboriginal or treaty rights of the aboriginal peoples of Canada by the recognition and affirmation of those rights in section 35 of the Constitution Act, 1982. Sedentary living organisms 4. (1) This Act also applies to sedentary living organisms on or under the continental shelf of Canada outside the exclusive economic zone. Meaning of ‘‘sedentary’’ (2) For the purpose of subsection (1), a living organism is sedentary if it is, at the harvestable stage, either immobile on or under the seabed or is unable to move except in constant physical contact with the seabed or subsoil. � C. 29 Species HER MAJESTY Binding on Her Majesty 5. This Act is binding on Her Majesty in right of Canada or a province. PURPOSES Purposes 6. The purposes of this Act are to prevent wildlife species from being extirpated or becoming extinct, to provide for the recovery of wildlife species that are extirpated, endangered or threatened as a result of human activity and to manage species of special concern to prevent them from becoming endangered or threatened. CANADIAN ENDANGERED SPECIES CONSERVATION COUNCIL Composition 7. (1) The Canadian Endangered Species Conservation Council consists of the Minister of the Environment, the Minister of Fisheries and Oceans, the Minister of Canadian Heritage and ministers of the government of a province or a territory who are responsible for the conservation and management of a wildlife species in that province or territory. Role (2) The role of the Canadian Endangered Species Conservation Council is to (a) provide general direction on the activities of COSEWIC, the preparation of recovery strategies and the preparation and implementation of action plans; and (b) coordinate the activities of the various governments represented on the Council relating to the protection of species at risk. ADMINISTRATION OF ACT Responsibility of Minister 8. (1) The Minister is responsible for the administration of this Act, except in so far as this Act gives responsibility to another minister. Delegation (2) The Minister, the Minister of Canadian Heritage or the Minister of Fisheries and Oceans may, after consultation with the other two ministers, delegate to any minister of the Crown in right of Canada or of a province or to any person who is employed by the Government of Canada, the government of a province or any other government in Canada Espèces e any of that Minister’s powers or functions under this Act, relating to its enforcement. Agreement and reporting obligation (3) The delegation must be the subject of an agreement between the delegating minister and the delegate and the agreement must provide that the delegate is to prepare an annual report for the delegating minister on the activities undertaken under the agreement. A copy of the agreement must be included in the public registry within 45 days after it is entered into, and a copy of every annual report must be included in the public registry within 45 days after it is received by the delegating minister. National Aboriginal Council on Species at Risk 8.1 The Minister shall establish a Council, to be known as the National Aboriginal Council on Species at Risk, consisting of six representatives of the aboriginal peoples of Canada selected by the Minister based upon recommendations from aboriginal organizations that the Minister considers appropriate. The role of the Council is to (a) advise the Minister on the administration of this Act; and (b) provide advice and recommendations to the Canadian Endangered Species Conservation Council. Advisory committees to assist Minister 9. (1) The Minister may, after consultation with the Minister of Canadian Heritage and the Minister of Fisheries and Oceans, establish one or more committees to advise the Minister on the administration of this Act. Advisory committees to assist Council (2) The Minister may, after consultation with the Minister of Canadian Heritage, the Minister of Fisheries and Oceans and the Canadian Endangered Species Conservation Council, establish one or more committees to advise the Council on matters related to the Council’s role. Administrative agreements 10. A competent minister may, after consultation with every other competent minister, enter into an agreement with any government in Canada, organization or wildlife management board with respect to the administration of any provision of this Act for which that competent minister has responsibility, including the preparation and implementation of recovery strategies, action plans and management plans. �� C. 29 Species STEWARDSHIP ACTION PLAN Stewardship action plan 10.1 The Minister, after consultation with the Canadian Endangered Species Conservation Council, may establish a stewardship action plan that creates incentives and other measures to support voluntary stewardship actions taken by any government in Canada, organization or person. A copy of the stewardship action plan must be included in the public registry. Contents 10.2 The stewardship action plan must include, but is not limited to, commitments to (a) regularly examine incentives and programs that support actions taken by persons to protect species at risk; (b) provide information and increase public awareness about species at risk; (c) methods for sharing information about species at risk, including community and aboriginal traditional knowledge, that respect, preserve and maintain knowledge and promote their wider application with the approval of the holders of such knowledge, with other governments and persons; (d) create awards and recognition programs; (e) provide information respecting programs related to stewardship agreements, land conservation easements and other such agreements; and (f) provide information relating to the technical and scientific support available to persons engaged in stewardship activities. STEWARDSHIP Conservation agreements — species at risk 11. (1) A competent minister may, after consultation with every other competent minister, and with the Canadian Endangered Species Conservation Council or any of its Espèces e members if he or she considers it appropriate to do so, enter into a conservation agreement with any government in Canada, organization or person to benefit a species at risk or enhance its survival in the wild. Contents (2) The agreement must provide for the taking of conservation measures and any other measures consistent with the purposes of this Act, and may include measures with respect to (a) monitoring the status of the species; (b) developing and implementing education and public awareness programs; (c) developing and implementing recovery strategies, action plans and management plans; (d) protecting the species’ habitat, including its critical habitat; or (e) undertaking research projects in support of recovery efforts for the species. Conservation agreements — other species 12. (1) A competent minister may, after consultation with every other competent minister, and with the Canadian Endangered Species Conservation Council or any of its members if he or she considers it appropriate to do so, enter into an agreement with any government in Canada, organization or person to provide for the conservation of a wildlife species that is not a species at risk. Contents (2) The agreement may provide for the taking of conservation measures and any other measures consistent with the purposes of this Act, including measures with respect to (a) monitoring the status of the species; (b) developing and implementing education and public awareness programs; (c) protecting the species’ habitat; and (d) preventing the species from becoming a species at risk. Funding agreements 13. (1) A competent minister may enter into an agreement with any government in Canada, organization or person to provide for the payment of contributions towards the costs of �� C. 29 Species programs and measures for the conservation of wildlife species, including programs and measures under an agreement entered into under subsection 11(1) or 12(1). Provisions to be included (2) The agreement must specify (a) the contribution towards the cost of the program or measure that is payable by any party and the time or times at which any amounts under the agreement will be paid; (b) the authority or person who will be responsible for operating and maintaining the program or measure or any part of it; (c) the proportions of any revenue from the program or measure that is payable to the parties; and (d) the terms and conditions governing the operation and maintenance of the program or measure. WILDLIFE SPECIES LISTING PROCESS Committee on the Status of Endangered Wildlife in Canada Establishment Functions 14. The Committee on the Status of Endangered Wildlife in Canada is hereby established. 15. (1) The functions of COSEWIC are to (a) assess the status of each wildlife species considered by COSEWIC to be at risk and, as part of the assessment, identify existing and potential threats to the species and (i) classify the species as extinct, extirpated, endangered, threatened or of special concern, (ii) indicate that COSEWIC does not have sufficient information to classify the species, or (iii) indicate that the species is not currently at risk; (b) determine when wildlife species are to be assessed, with priority given to those more likely to become extinct; (c) conduct a new assessment of the status of species at risk and, if appropriate, reclassify or declassify them; Espèces e (c.1) indicate in the assessment whether the wildlife species migrates across Canada’s boundary or has a range extending across Canada’s boundary; (d) develop and periodically review criteria for assessing the status of wildlife species and for classifying them and recommend the criteria to the Minister and the Canadian Endangered Species Conservation Council; and (e) provide advice to the Minister and the Canadian Endangered Species Conservation Council and perform any other functions that the Minister, after consultation with that Council, may assign. Best information and knowledge (2) COSEWIC must carry out its functions on the basis of the best available information on the biological status of a species, including scientific knowledge, community knowledge and aboriginal traditional knowledge. Treaties and land claims agreements (3) COSEWIC must take into account any applicable provisions of treaty and land claims agreements when carrying out its functions. Composition 16. (1) COSEWIC is to be composed of members appointed by the Minister after consultation with the Canadian Endangered Species Conservation Council and with any experts and expert bodies, such as the Royal Society of Canada, that the Minister considers to have relevant expertise. Qualifications of members (2) Each member must have expertise drawn from a discipline such as conservation biology, population dynamics, taxonomy, systematics or genetics or from community knowledge or aboriginal traditional knowledge of the conservation of wildlife species. �� C. 29 Species Term of appointment (3) The members are to be appointed to hold office for renewable terms of not more than four years. Not part of the public service of Canada (4) The members are not, because of being a member, part of the public service of Canada. Remuneration and expenses (5) The members may be paid remuneration and expenses for their services in amounts that the Minister may set. Discretion (6) Each member of COSEWIC shall exercise his or her discretion in an independent manner. Regulations and guidelines 17. The Minister may, after consultation with the Canadian Endangered Species Conservation Council and COSEWIC, establish regulations or guidelines respecting the appointment of members and the carrying out of COSEWIC’s functions. Subcommittees 18. (1) COSEWIC must establish subcommittees of specialists to assist in the preparation and review of status reports on wildlife species considered to be at risk, including subcommittees specializing in groups of wildlife species and a subcommittee specializing in aboriginal traditional knowledge, and it may establish other subcommittees to advise it or to exercise or perform any of its functions. Membership (2) Each subcommittee must be presided over by a member of COSEWIC, but the subcommittee may include persons who are not members of COSEWIC. Aboriginal traditional knowledge subcommittee (3) Subject to subsection (2), the chairperson and members of the aboriginal traditional knowledge subcommittee must be appointed by the Minister after consultation with any aboriginal organization he or she considers appropriate. Rules 19. COSEWIC may make rules respecting the holding of meetings and the general conduct of its activities, including rules respecting (a) the selection of persons to chair its meetings; and Espèces e (b) the meetings and activities of any of its subcommittees. Staff and facilities 20. The Minister must provide COSEWIC with any professional, technical, secretarial, clerical and other assistance, and any facilities and supplies, that, in his or her opinion, are necessary to carry out its functions. Status reports 21. (1) COSEWIC’s assessment of the status of a wildlife species must be based on a status report on the species that COSEWIC either has had prepared or has received with an application. Content (2) The Minister may, after consultation with COSEWIC, the Minister of Canadian Heritage and the Minister of Fisheries and Oceans, make regulations establishing the content of status reports. Applications 22. (1) Any person may apply to COSEWIC for an assessment of the status of a wildlife species. Regulations (2) The Minister may, after consultation with the Minister of Canadian Heritage, the Minister of Fisheries and Oceans and the Canadian Endangered Species Conservation Council, make regulations respecting the making of applications to COSEWIC under subsection (1) and the dealing with of those applications by COSEWIC. Time for assessment 23. (1) COSEWIC must assess the status of a wildlife species within one year after it receives a status report on the species, and it must provide reasons for its assessment. Notification of applicant (2) If the assessment results from an application, COSEWIC must notify the applicant of the assessment and the reasons. Reviews and Reports Review of classifications 24. COSEWIC must review the classification of each species at risk at least once every 10 years, or at any time if it has reason to believe that the status of the species has changed significantly. Copies to Minister and Council 25. (1) When COSEWIC completes an assessment of the status of a wildlife species, it must provide the Minister and the Canadian Endangered Species Conservation Council with a copy of the assessment and the reasons �� C. 29 Species for it. A copy of the assessment and the reasons must also be included in the public registry. COSEWIC list (2) COSEWIC must annually prepare a complete list of every wildlife species it has assessed since the coming into force of this section and a copy of that list must be included in the public registry. Report on response (3) On receiving a copy of an assessment of the status of a wildlife species from COSEWIC under subsection (1), the Minister must, within 90 days, include in the public registry a report on how the Minister intends to respond to the assessment and, to the extent possible, provide time lines for action. Annual reports 26. COSEWIC must annually provide a report on its activities to the Canadian Endangered Species Conservation Council and a copy of that report must be included in the public registry. List of Wildlife Species at Risk Power to amend List 27. (1) The Governor in Council may, on the recommendation of the Minister, by order amend the List in accordance with subsections (1.1) and (1.2) by adding a wildlife species, by reclassifying a listed wildlife species or by removing a listed wildlife species, and the Minister may, by order, amend the List in a similar fashion in accordance with subsection (3). Decision in respect of assessment (1.1) Subject to subsection (3), the Governor in Council, within nine months after receiving an assessment of the status of a species by COSEWIC, may review that assessment and may, on the recommendation of the Minister, (a) accept the assessment and add the species to the List; (b) decide not to add the species to the List; or (c) refer the matter back to COSEWIC for further information or consideration. Espèces e Statement of reasons (1.2) Where the Governor in Council takes a course of action under paragraph (1.1)(b) or (c), the Minister shall, after the approval of the Governor in Council, include a statement in the public registry setting out the reasons. Pre-conditions for recommendation (2) Before making a recommendation in respect of a wildlife species or a species at risk, the Minister must (a) take into account the assessment of COSEWIC in respect of the species; (b) consult the competent minister or ministers; and (c) if the species is found in an area in respect of which a wildlife management board is authorized by a land claims agreement to perform functions in respect of a wildlife species, consult the wildlife management board. Amendment of List by Minister (3) Where the Governor in Council has not taken a course of action under subsection (1.1) within nine months after receiving an assessment of the status of a species by COSEWIC, the Minister shall, by order, amend the List in accordance with COSEWIC’s assessment. Applications for assessment of imminent threat 28. (1) Any person who considers that there is an imminent threat to the survival of a wildlife species may apply to COSEWIC for an assessment of the threat for the purpose of having the species listed on an emergency basis under subsection 29(1) as an endangered species. Information to be included in application (2) The application must include relevant information indicating that there is an imminent threat to the survival of the species. Regulations (3) The Minister may, after consultation with the Minister of Canadian Heritage, the Minister of Fisheries and Oceans and the Canadian Endangered Species Conservation Council, make regulations respecting the making of applications to COSEWIC under subsection (1) and the dealing with of those applications by COSEWIC. �� C. 29 Species Notice (4) COSEWIC must provide the applicant, the Minister and the Canadian Endangered Species Conservation Council with a copy of its assessment. A copy of the assessment must be included in the public registry. Emergency listing 29. (1) If the Minister is of the opinion that there is an imminent threat to the survival of a wildlife species, the Minister must, on an emergency basis, after consultation with every other competent minister, make a recommendation to the Governor in Council that the List be amended to list the species as an endangered species. Formation of opinion (2) The Minister may arrive at that opinion on the basis of his or her own information or on the basis of COSEWIC’s assessment. Exemption (3) If a recommendation is made under subsection (1), subsection 27(2) does not apply to any order that is made under subsection 27(1) on the basis of that recommendation, and the order is exempt from the application of section 3 of the Statutory Instruments Act. Review 30. (1) As soon as possible after an order is made on the basis of a recommendation referred to in subsection 29(1), COSEWIC must have a status report on the wildlife species prepared and, within one year after the making of the order, COSEWIC must, in a report in writing to the Minister, (a) confirm the classification of the species; (b) recommend to the Minister that the species be reclassified; or (c) recommend to the Minister that the species be removed from the List. Copy of report (2) Within 30 days after the report is received by the Minister, a copy of the report must be included in the public registry. Recommendation to amend List 31. If COSEWIC makes a recommendation under paragraph 30(1)(b) or (c), the Minister may make a recommendation to the Governor in Council with respect to amending the List. Espèces e MEASURES TO PROTECT LISTED WILDLIFE SPECIES General Prohibitions Killing, harming, etc., listed wildlife species 32. (1) No person shall kill, harm, harass, capture or take an individual of a wildlife species that is listed as an extirpated species, an endangered species or a threatened species. Possession, collection, etc. (2) No person shall possess, collect, buy, sell or trade an individual of a wildlife species that is listed as an extirpated species, an endangered species or a threatened species, or any part or derivative of such an individual. Deeming (3) For the purposes of subsection (2), any animal, plant or thing that is represented to be an individual, or a part or derivative of an individual, of a wildlife species that is listed as an extirpated species, an endangered species or a threatened species is deemed, in the absence of evidence to the contrary, to be such an individual or a part or derivative of such an individual. Damage or destruction of residence 33. No person shall damage or destroy the residence of one or more individuals of a wildlife species that is listed as an endangered species or a threatened species, or that is listed as an extirpated species if a recovery strategy has recommended the reintroduction of the species into the wild in Canada. Application — certain species in provinces 34. (1) With respect to individuals of a listed wildlife species that is not an aquatic species or a species of birds that are migratory birds protected by the Migratory Birds Convention Act, 1994, sections 32 and 33 do not apply in lands in a province that are not federal lands unless an order is made under subsection (2) to provide that they apply. Order (2) The Governor in Council may, on the recommendation of the Minister, by order, provide that sections 32 and 33, or either of them, apply in lands in a province that are not federal lands with respect to individuals of a listed wildlife species that is not an aquatic species or a species of birds that are migratory birds protected by the Migratory Birds Convention Act, 1994. �� C. 29 Species Obligation to make recommendation (3) The Minister must recommend that the order be made if the Minister is of the opinion that the laws of the province do not effectively protect the species or the residences of its individuals. Consultation (4) Before recommending that the Governor in Council make an order under subsection (2), the Minister must consult (a) the appropriate provincial minister; and (b) if the species is found in an area in respect of which a wildlife management board is authorized by a land claims agreement to perform functions in respect of wildlife species, the wildlife management board. Application — certain species in territories Exception 35. (1) Sections 32 and 33 apply in each of the territories in respect of a listed wildlife species only to the extent that the Governor in Council, on the recommendation of the Minister, makes an order providing that they, or any of them, apply. (2) Subsection (1) does not apply (a) in respect of individuals of aquatic species and their habitat or species of birds that are migratory birds protected by the Migratory Birds Convention Act, 1994; or (b) on land under the authority of the Minister or the Parks Canada Agency. Obligation to make recommendation (3) The Minister must recommend that the order be made if the Minister is of the opinion that the laws of the territory do not effectively protect the species or the residences of its individuals. Pre-conditions for recommendation (4) Before recommending that an order be made under subsection (1), the Minister must (a) consult the appropriate territorial minister; and (b) if the respect of board is agreement species is found in an area in which a wildlife management authorized by a land claims to perform functions in respect Espèces e of wildlife species, consult the wildlife management board. Prohibitions re provincial and territorial classifications 36. (1) If a wildlife species that is not listed has been classified as an endangered species or a threatened species by a provincial or territorial minister, no person shall (a) kill, harm, harass, capture or take an individual of that species that is on federal lands in the province or territory; (b) possess, collect, buy, sell or trade an individual of that species that is on federal lands in the province or territory, or any part or derivative of such an individual; or (c) damage or destroy the residence of one or more individuals of that species that is on federal lands in the province or territory. Application (2) Subsection (1) applies only in respect of the portions of the federal lands that the Governor in Council may, on the recommendation of the competent minister, by order, specify. Recovery of Endangered, Threatened and Extirpated Species Recovery Strategy Preparation — endangered or threatened species 37. (1) If a wildlife species is listed as an extirpated species, an endangered species or a threatened species, the competent minister must prepare a strategy for its recovery. More than one competent minister (2) If there is more than one competent minister with respect to the wildlife species, they must prepare the strategy together and every reference to competent minister in sections 38 to 46 is to be read as a reference to the competent ministers. Commitments to be considered 38. In preparing a recovery strategy, action plan or management plan, the competent minister must consider the commitment of the Government of Canada to conserving biological diversity and to the principle that, if there are threats of serious or irreversible damage to the listed wildlife species, cost-effective mea�� C. 29 Species sures to prevent the reduction or loss of the species should not be postponed for a lack of full scientific certainty. Cooperation with others 39. (1) To the extent possible, the recovery strategy must be prepared in cooperation with (a) the appropriate provincial and territorial minister for each province and territory in which the listed wildlife species is found; (b) every minister of the Government of Canada who has authority over federal land or other areas on which the species is found; (c) if the species is found in an area in respect of which a wildlife management board is authorized by a land claims agreement to perform functions in respect of wildlife species, the wildlife management board; (d) every aboriginal organization that the competent minister considers will be directly affected by the recovery strategy; and (e) any other person or organization that the competent minister considers appropriate. Land claims agreement (2) If the listed wildlife species is found in an area in respect of which a wildlife management board is authorized by a land claims agreement to perform functions in respect of wildlife species, the recovery strategy must be prepared, to the extent that it will apply to that area, in accordance with the provisions of the agreement. Consultation (3) To the extent possible, the recovery strategy must be prepared in consultation with any landowners and other persons whom the competent minister considers to be directly affected by the strategy, including the government of any other country in which the species is found. Determination of feasibility 40. In preparing the recovery strategy, the competent minister must determine whether the recovery of the listed wildlife species is technically and biologically feasible. The determination must be based on the best available information, including information provided by COSEWIC. 2002 Contents if recovery feasible Espèces e 41. (1) If the competent minister determines that the recovery of the listed wildlife species is feasible, the recovery strategy must address the threats to the survival of the species identified by COSEWIC, including any loss of habitat, and must include (a) a description of the species and its needs that is consistent with information provided by COSEWIC; (b) an identification of the threats to the survival of the species and threats to its habitat that is consistent with information provided by COSEWIC and a description of the broad strategy to be taken to address those threats; (c) an identification of the species’ critical habitat, to the extent possible, based on the best available information, including the information provided by COSEWIC, and examples of activities that are likely to result in its destruction; (c.1) a schedule of studies to identify critical habitat, where available information is inadequate; (d) a statement of the population and distribution objectives that will assist the recovery and survival of the species, and a general description of the research and management activities needed to meet those objectives; (e) any other matters that are prescribed by the regulations; (f) a statement about whether additional information is required about the species; and (g) a statement of when one or more action plans in relation to the recovery strategy will be completed. Contents if recovery not feasible (2) If the competent minister determines that the recovery of the listed wildlife species is not feasible, the recovery strategy must include a description of the species and its needs, an identification of the species’ critical habitat to the extent possible, and the reasons why its recovery is not feasible. �� C. 29 Species Multi-species or ecosystem approach permissible (3) The competent minister may adopt a multi-species or an ecosystem approach when preparing the recovery strategy if he or she considers it appropriate to do so. Regulations (4) The Governor in Council may, on the recommendation of the Minister after consultation with the Minister of Canadian Heritage and the Minister of Fisheries and Oceans, make regulations for the purpose of paragraph (1)(e) prescribing matters to be included in a recovery strategy. Proposed recovery strategy 42. (1) Subject to subsection (2), the competent minister must include a proposed recovery strategy in the public registry within one year after the wildlife species is listed, in the case of a wildlife species listed as an endangered species, and within two years after the species is listed, in the case of a wildlife species listed as a threatened species or an extirpated species. First listed wildlife species (2) With respect to wildlife species that are set out in Schedule 1 on the day section 27 comes into force, the competent minister must include a proposed recovery strategy in the public registry within three years after that day, in the case of a wildlife species listed as an endangered species, and within four years after that day, in the case of a wildlife species listed as a threatened species or an extirpated species. Comments 43. (1) Within 60 days after the proposed recovery strategy is included in the public registry, any person may file written comments with the competent minister. Finalization of recovery strategy (2) Within 30 days after the expiry of the period referred to in subsection (1), the competent minister must consider any comments received, make any changes to the proposed recovery strategy that he or she considers appropriate and finalize the recovery strategy by including a copy of it in the public registry. Existing plans 44. (1) If the competent minister is of the opinion that an existing plan relating to a wildlife species meets the requirements of subsection 41(1) or (2), and the plan is adopted Espèces e by the competent minister as the proposed recovery strategy, he or she must include it in the public registry as the proposed recovery strategy in relation to the species. Incorporation of existing plans (2) The competent minister may incorporate any part of an existing plan relating to a wildlife species into a proposed recovery strategy for the species. Amendments 45. (1) The competent minister may at any time amend the recovery strategy. A copy of the amendment must be included in the public registry. Amendments relating to time for completing action plan (2) If the amendment relates to the time for completing an action plan, the competent minister must provide reasons for the amendment and include a copy of the reasons in the public registry. Amendment procedure (3) Sections 39 and 43 apply to amendments to a recovery strategy, with any modifications that the circumstances require. Exception (4) Subsection (3) does not apply if the competent minister considers the amendment to be minor. Reporting 46. The competent minister must report on the implementation of the recovery strategy, and the progress towards meeting its objectives, within five years after it is included in the public registry and in every subsequent five-year period, until its objectives have been achieved or the species’ recovery is no longer feasible. The report must be included in the public registry. Action Plan Preparation 47. The competent minister in respect of a recovery strategy must prepare one or more action plans based on the recovery strategy. If there is more than one competent minister with respect to the recovery strategy, they may prepare the action plan or plans together. Cooperation with other ministers and governments 48. (1) To the extent possible, an action plan must be prepared in cooperation with (a) the appropriate provincial and territorial minister of each province and territory in which the listed wildlife species is found; �� C. 29 Species (b) every minister of the Government of Canada who has authority over federal land or other areas on which the species is found; (c) if the species is found in an area in respect of which a wildlife management board is authorized by a land claims agreement to perform functions in respect of wildlife species, the wildlife management board; (d) every aboriginal organization that the competent minister considers will be directly affected by the action plan; and (e) any other person or organization that the competent minister considers appropriate. Land claims agreement (2) If the listed wildlife species is found in an area in respect of which a wildlife management board is authorized by a land claims agreement to perform functions in respect of wildlife species, an action plan must be prepared, to the extent that it will apply to that area, in accordance with the provisions of the agreement. Consultation (3) To the extent possible, an action plan must be prepared in consultation with any landowners, lessees and other persons whom the competent minister considers to be directly affected by, or interested in, the action plan, including the government of any other country in which the species is found. Contents 49. (1) An action plan must include, with respect to the area to which the action plan relates, (a) an identification of the species’ critical habitat, to the extent possible, based on the best available information and consistent with the recovery strategy, and examples of activities that are likely to result in its destruction; (b) a statement of the measures that are proposed to be taken to protect the species’ critical habitat, including the entering into of agreements under section 11; (c) an identification of any portions of the species’ critical habitat that have not been protected; Espèces e (d) a statement of the measures that are to be taken to implement the recovery strategy, including those that address the threats to the species and those that help to achieve the population and distribution objectives, as well as an indication as to when these measures are to take place; (d.1) the methods to be used to monitor the recovery of the species and its long-term viability; (e) an evaluation of the socio-economic costs of the action plan and the benefits to be derived from its implementation; and (f) any other matters that are prescribed by the regulations. Regulations (2) The Governor in Council may, on the recommendation of the Minister after consultation with the Minister of Canadian Heritage and the Minister of Fisheries and Oceans, make regulations for the purpose of paragraph (1)(f) prescribing matters to be included in an action plan. Proposed action plan 50. (1) The competent minister must include a proposed action plan in the public registry. Comments (2) Within 60 days after the proposed action plan is included in the public registry, any person may file written comments with the competent minister. Finalization of action plan (3) Within 30 days after the expiry of the period referred to in subsection (2), the competent minister must consider any comments received, make any changes to the proposed action plan that he or she considers appropriate and finalize the action plan by including a copy of it in the public registry. Summary if action plan not completed in time (4) If an action plan is not finalized in the time set out in the recovery strategy, the competent minister must include in the public registry a summary of what has been prepared with respect to the plan. Existing plans 51. (1) If the competent minister is of the opinion that an existing plan relating to a wildlife species meets the requirements of section 49, and the plan is adopted by the competent minister as a proposed action plan, he or she must include it in the public registry �� C. 29 Species as a proposed action plan in relation to the species. Incorporation of existing plans (2) The competent minister may incorporate any part of an existing plan relating to a wildlife species into a proposed action plan for the species. Amendments 52. (1) The competent minister may at any time amend an action plan. A copy of the amendment must be included in the public registry. Amendment procedure (2) Section 48 applies to amendments to an action plan, with any modifications that the circumstances require. Exception (3) Subsection (2) does not apply if the competent minister considers the amendment to be minor. Regulations 53. (1) The competent minister must, with respect to aquatic species, species of birds that are migratory birds protected by the Migratory Birds Convention Act, 1994, regardless of where they are located, or with respect to any other wildlife species on federal lands, make any regulations that are necessary in the opinion of the competent minister for the purpose of implementing the measures included in an action plan, but, if the measures relate to the protection of critical habitat on federal lands, the regulations must be made under section 59. Consultation (2) If the competent minister is of the opinion that a regulation would affect a reserve or any other lands that are set apart for the use and benefit of a band under the Indian Act, he or she must consult the Minister of Indian Affairs and Northern Development and the band before making the regulation. Consultation (3) If the competent minister is of the opinion that a regulation would affect an area in respect of which a wildlife management board is authorized by a land claims agreement to perform functions in respect of wildlife species, he or she must consult the wildlife management board before making the regulation. Espèces e Incorporation by reference (4) The regulations may incorporate by reference any legislation of a province or territory, as amended from time to time, insofar as the regulations apply in that province or territory. Consultation (5) If the competent minister is of the opinion that a regulation would affect land in a territory, he or she must consult the territorial minister before making the regulation. Exception (6) Subsection (5) does not apply (a) in respect of individuals of aquatic species and their habitat or species of birds that are migratory birds protected by the Migratory Birds Convention Act, 1994 and their habitat; or (b) in respect of land under the authority of the Minister or the Parks Canada Agency. Use of powers under other Acts 54. For the purpose of implementing the measures included in an action plan, the competent minister may use any powers that he or she has under any other Act of Parliament. Monitoring and reporting 55. The competent minister must monitor the implementation of an action plan and the progress towards meeting its objectives and assess and report on its implementation and its ecological and socio-economic impacts five years after the plan comes into effect. A copy of the report must be included in the public registry. Protection of Critical Habitat Codes of practice, national standards or guidelines 56. The competent minister may, after consultation with the Canadian Endangered Species Conservation Council and any person whom he or she considers appropriate, establish codes of practice, national standards or guidelines with respect to the protection of critical habitat. Purpose 57. The purpose of section 58 is to ensure that, within 180 days after the recovery strategy or action plan that identified the critical habitat referred to in subsection 58(1) is included in the public registry, all of the critical habitat is protected by (a) provisions in, or measures under, this or any other Act of Parliament, including agreements under section 11; or �� C. 29 Species (b) the application of subsection 58(1). Destruction of critical habitat 58. (1) Subject to this section, no person shall destroy any part of the critical habitat of any listed endangered species or of any listed threatened species — or of any listed extirpated species if a recovery strategy has recommended the reintroduction of the species into the wild in Canada — if (a) the critical habitat is on federal land, in the exclusive economic zone of Canada or on the continental shelf of Canada; (b) the listed species is an aquatic species; or (c) the listed species is a species of migratory birds protected by the Migratory Birds Convention Act, 1994. Protected areas (2) If the critical habitat or a portion of the critical habitat is in a national park of Canada named and described in Schedule 1 to the Canada National Parks Act, a marine protected area under the Oceans Act, a migratory bird sanctuary under the Migratory Birds Convention Act, 1994 or a national wildlife area under the Canada Wildlife Act, the competent Minister must, within 90 days after the recovery strategy or action plan that identified the critical habitat is included in the public registry, publish in the Canada Gazette a description of the critical habitat or portion that is in that park, area or sanctuary. Application (3) If subsection (2) applies, subsection (1) applies to the critical habitat or the portion of the critical habitat described in the Canada Gazette under subsection (2) 90 days after the description is published in the Canada Gazette. Application (4) If all of the critical habitat or any portion of the critical habitat is not in a place referred to in subsection (2), subsection (1) applies in respect of the critical habitat or portion of the Espèces e critical habitat, as the case may be, specified in an order made by the competent minister. Obligation to make order or statement (5) Within 180 days after the recovery strategy or action plan that identified the critical habitat is included in the public registry, the competent minister must, after consultation with every other competent minister, with respect to all of the critical habitat or any portion of the critical habitat that is not in a place referred to in subsection (2), (a) make the order referred to in subsection (4) if the critical habitat or any portion of the critical habitat is not legally protected by provisions in, or measures under, this or any other Act of Parliament, including agreements under section 11; or (b) if the competent minister does not make the order, he or she must include in the public registry a statement setting out how the critical habitat or portions of it, as the case may be, are legally protected. Habitat of migratory birds (5.1) Despite subsection (4), with respect to the critical habitat of a species of bird that is a migratory bird protected by the Migratory Birds Convention Act, 1994 that is not on federal land, in the exclusive economic zone of Canada, on the continental shelf of Canada or in a migratory bird sanctuary referred to in subsection (2), subsection (1) applies only to those portions of the critical habitat that are habitat to which that Act applies and that the Governor in Council may, by order, specify on the recommendation of the competent minister. Obligation to make recommendation (5.2) The competent minister must, within 180 days after the recovery strategy or action plan that identified the critical habitat that includes habitat to which the Migratory Birds Convention Act, 1994 applies is included in the public registry, and after consultation with every other competent minister, (a) make the recommendation if he or she is of the opinion there are no provisions in, or other measures under, this or any other Act of Parliament, including agreements under section 11, that legally protect any portion �� C. 29 Species or portions of the habitat to which that Act applies; or (b) if the competent minister does not make the recommendation, he or she must include in the public registry a statement setting out how the critical habitat that is habitat to which that Act applies, or portions of it, as the case may be, are legally protected. Consultation (6) If the competent minister is of the opinion that an order under subsection (4) or (5.1) would affect land in a territory that is not under the authority of the Minister or the Parks Canada Agency, he or she must consult the territorial minister before making the order under subsection (4) or the recommendation under subsection (5.2). Consultation (7) If the competent minister is of the opinion that an order under subsection (4) or (5.1) would affect a reserve or any other lands that are set apart for the use and benefit of a band under the Indian Act, he or she must consult the Minister of Indian Affairs and Northern Development and the band before making the order under subsection (4) or the recommendation under subsection (5.2). Consultation (8) If the competent minister is of the opinion that an order under subsection (4) or (5.1) would affect an area in respect of which a wildlife management board is authorized by a land claims agreement to perform functions in respect of wildlife species, he or she must consult the wildlife management board before making the order under subsection (4) or the recommendation under subsection (5.2). Consultation (9) If the competent minister is of the opinion that an order under subsection (4) or (5.1) would affect land that is under the authority of another federal minister, other than a competent minister, he or she must consult the other federal minister before making the order under subsection (4) or the recommendation under subsection (5.2). Espèces e Regulations re federal lands 59. (1) The Governor in Council may, on the recommendation of the competent minister after consultation with every other competent minister, make regulations to protect critical habitat on federal lands. Obligation to make recommendation (2) The competent minister must make the recommendation if the recovery strategy or an action plan identifies a portion of the critical habitat as being unprotected and the competent minister is of the opinion that the portion requires protection. Contents (3) The regulations may include provisions requiring the doing of things that protect the critical habitat and provisions prohibiting activities that may adversely affect the critical habitat. Consultation (4) If the competent minister is of the opinion that a regulation would affect land in a territory that is not under the authority of the Minister or the Parks Canada Agency, he or she must consult the territorial minister before recommending the making of the regulation. Consultation (5) If the competent minister is of the opinion that a regulation would affect a reserve or any other lands that are set apart for the use and benefit of a band under the Indian Act, he or she must consult the Minister of Indian Affairs and Northern Development and the band before recommending the making of the regulation. Consultation (6) If the competent minister is of the opinion that a regulation would affect an area in respect of which a wildlife management board is authorized by a land claims agreement to perform functions in respect of wildlife species, he or she must consult the wildlife management board before recommending the making of the regulation. Provincial and territorial classifications 60. (1) If a wildlife species has been classified as an endangered species or a threatened species by a provincial or territorial minister, no person shall destroy any part of the habitat of that species that the provincial or territorial minister has identified as essential to the survival or recovery of the species and that is on federal lands in the province or territory. �� C. 29 Species Application (2) Subsection (1) applies only to the portions of the habitat that the Governor in Council may, on the recommendation of the competent minister, by order, specify. Destruction of critical habitat 61. (1) No person shall destroy any part of the critical habitat of a listed endangered species or a listed threatened species that is in a province or territory and that is not part of federal lands. Exception (1.1) Subsection (1) does not apply in respect of (a) an aquatic species; or (b) the critical habitat of a species of bird that is a migratory bird protected by the Migratory Birds Convention Act, 1994 that is habitat referred to in subsection 58(5.1). Application (2) Subsection (1) applies only to the portions of the critical habitat that the Governor in Council may, on the recommendation of the Minister, by order, specify. Power to make recommendation (3) The Minister may make a recommendation if (a) a provincial minister or territorial minister has requested that the recommendation be made; or (b) the Canadian Endangered Species Conservation Council has recommended that the recommendation be made. Obligation to make recommendation (4) The Minister must make a recommendation if he or she is of the opinion, after consultation with the appropriate provincial or territorial minister, that (a) there are no provisions in, or other measures under, this or any other Act of Parliament that protect the particular portion of the critical habitat, including agreements under section 11; and (b) the laws of the province or territory do not effectively protect the critical habitat. Expiry and renewal of order (5) An order made under subsection (2) expires five years after the day on which it is made or renewed, unless the Governor in Council, by order, renews it. Espèces e Recommendation to repeal order (6) If the Minister is of the opinion that an order made under subsection (2) is no longer necessary to protect the portion of the critical habitat to which the order relates or that the province or territory has brought into force laws that protect the portion, the Minister must recommend that the order be repealed. Acquisition of lands 62. A competent minister may enter into an agreement with any government in Canada, organization or person to acquire any lands or interests in land for the purpose of protecting the critical habitat of any species at risk. Progress reports on unprotected portions of critical habitat 63. If in the opinion of the Minister any portion of the critical habitat of a listed wildlife species remains unprotected 180 days after the recovery strategy or action plan that identified the critical habitat was included in the public registry, the Minister must include in that registry a report on the steps taken to protect the critical habitat. The Minister must continue to report with respect to every subsequent period of 180 days until the portion is protected or is no longer identified as critical habitat. Compensation 64. (1) The Minister may, in accordance with the regulations, provide fair and reasonable compensation to any person for losses suffered as a result of any extraordinary impact of the application of (a) section 58, 60 or 61; or (b) an emergency order in respect of habitat identified in the emergency order that is necessary for the survival or recovery of a wildlife species. Regulations (2) The Governor in Council shall make regulations that the Governor in Council considers necessary for carrying out the purposes and provisions of subsection (1), including regulations prescribing (a) the procedures to be followed in claiming compensation; (b) the methods to be used in determining the eligibility of a person for compensation, the amount of loss suffered by a person and the amount of compensation in respect of any loss; and �� C. 29 Species (c) the terms and conditions for the provision of compensation. Management of Species of Special Concern Preparation of management plan 65. If a wildlife species is listed as a species of special concern, the competent minister must prepare a management plan for the species and its habitat. The plan must include measures for the conservation of the species that the competent minister considers appropriate and it may apply with respect to more than one wildlife species. Cooperation with other ministers and governments 66. (1) To the extent possible, the management plan must be prepared in cooperation with (a) the appropriate provincial and territorial minister of each province and territory in which the listed wildlife species is found; (b) every minister of the Government of Canada who has authority over federal land or other areas on which the species is found; (c) if the species is found in an area in respect of which a wildlife management board is authorized by a land claims agreement to perform functions in respect of wildlife species, the wildlife management board; (d) every aboriginal organization that the competent minister considers will be directly affected by the management plan; and (e) any other person or organization that the competent minister considers appropriate. Land claims agreement (2) If the listed wildlife species is found in an area in respect of which a wildlife management board is authorized by a land claims agreement to perform functions in respect of wildlife species, the management plan must be prepared, to the extent that it will apply to that area, in accordance with the provisions of the agreement. Consultation (3) To the extent possible, the management plan must be prepared in consultation with any landowners, lessees and other persons whom the competent minister considers to be directly affected by, or interested in, the management plan, including the government of any other country in which the species is found. Espèces e Multi-species or ecosystem approach permissible 67. The competent minister may adopt a multi-species or an ecosystem approach when preparing the management plan if he or she considers it appropriate to do so. Proposed management plan 68. (1) Subject to subsection (2), the competent minister must include a proposed management plan in the public registry within three years after the wildlife species is listed as a species of special concern. First listed species (2) With respect to a wildlife species that is set out in Schedule 1 as a species of special concern on the day section 27 comes into force, the competent minister must include a proposed management plan in the public registry within five years after that day. Comments (3) Within 60 days after the proposed management plan is included in the public registry, any person may file written comments with the competent minister. Finalization of management plan (4) Within 30 days after the expiry of the period referred to in subsection (3), the competent minister must consider any comments received, make any changes to the proposed management plan that he or she considers appropriate and finalize the management plan by including a copy of it in the public registry. Existing plans 69. (1) If the competent minister is of the opinion that an existing plan relating to a wildlife species includes adequate measures for the conservation of the species and the competent minister adopts the existing plan as the proposed management plan, he or she must include a copy of it in the public registry as the proposed management plan in relation to the species. Incorporation of existing plans (2) The competent minister may incorporate any part of an existing plan relating to a wildlife species into a proposed management plan for the species. Amendments 70. (1) The competent minister may at any time amend a management plan. A copy of the amendment must be included in the public registry. �� C. 29 Species Amendment procedure (2) Section 66 applies to amendments to the management plan, with any modifications that the circumstances require. Exception (3) Subsection (2) does not apply if the competent minister considers the amendment to be minor. Regulations 71. (1) The Governor in Council may, on the recommendation of the competent minister, make any regulations with respect to aquatic species or species of birds that are migratory birds protected by the Migratory Birds Convention Act, 1994, regardless of where they are located, or with respect to any other wildlife species on federal lands, that the Governor in Council considers appropriate for the purpose of implementing the measures included in the management plan. Consultation (2) If the competent minister is of the opinion that a regulation would affect a reserve or any other lands that are set apart for the use and benefit of a band under the Indian Act, he or she must consult the Minister of Indian Affairs and Northern Development and the band before recommending the making of the regulation. Consultation (3) If the competent minister is of the opinion that a regulation would affect an area in respect of which a wildlife management board is authorized by a land claims agreement to perform functions in respect of wildlife species, he or she must consult the wildlife management board before recommending the making of the regulation. Incorporation by reference (4) The regulations may incorporate by reference any legislation of a province or territory, as amended from time to time, insofar as the regulations apply in that province or territory. Consultation (5) If the competent minister is of the opinion that a regulation would affect land in a territory, he or she must consult the territorial minister before recommending the making of the regulation. Exception (6) Subsection (5) does not apply (a) in respect of individuals of aquatic species and their habitat or species of birds that are migratory birds protected by the Migratory Birds Convention Act, 1994 and their habitat; or Espèces e (b) in respect of land under the authority of the Minister or the Parks Canada Agency. Monitoring 72. The competent minister must monitor the implementation of the management plan and must assess its implementation five years after the plan is included in the public registry, and in every subsequent five-year period, until its objectives have been achieved. The report must be included in the public registry. Agreements and Permits Powers of competent minister 73. (1) The competent minister may enter into an agreement with a person, or issue a permit to a person, authorizing the person to engage in an activity affecting a listed wildlife species, any part of its critical habitat or the residences of its individuals. Purpose (2) The agreement may be entered into, or the permit issued, only if the competent minister is of the opinion that (a) the activity is scientific research relating to the conservation of the species and conducted by qualified persons; (b) the activity benefits the species or is required to enhance its chance of survival in the wild; or (c) affecting the species is incidental to the carrying out of the activity. Pre-conditions (3) The agreement may be entered into, or the permit issued, only if the competent minister is of the opinion that (a) all reasonable alternatives to the activity that would reduce the impact on the species have been considered and the best solution has been adopted; (b) all feasible measures will be taken to minimize the impact of the activity on the species or its critical habitat or the residences of its individuals; and (c) the activity will not jeopardize the survival or recovery of the species. Explanation in public registry (3.1) If an agreement is entered into or a permit is issued, the competent minister must include in the public registry an explanation of why it was entered into or issued, taking into account the matters referred to in paragraphs (3)(a), (b) and (c). �� C. 29 Species Consultation (4) If the species is found in an area in respect of which a wildlife management board is authorized by a land claims agreement to perform functions in respect of wildlife species, the competent minister must consult the wildlife management board before entering into an agreement or issuing a permit concerning that species in that area. Consultation (5) If the species is found in a reserve or any other lands that are set apart for the use and benefit of a band under the Indian Act, the competent minister must consult the band before entering into an agreement or issuing a permit concerning that species in that reserve or those other lands. Terms and conditions (6) The agreement or permit must contain any terms and conditions governing the activity that the competent minister considers necessary for protecting the species, minimizing the impact of the authorized activity on the species or providing for its recovery. Review of agreements and permits (7) The competent minister must review the agreement or permit if an emergency order is made with respect to the species. Amendment of agreements and permits (8) The competent minister may revoke or amend an agreement or a permit to ensure the survival or recovery of a species. Maximum term (9) No agreement may be entered into for a term longer than five years and no permit may be issued for a term longer than three years. Regulations (10) The Minister may, after consultation with the Minister of Canadian Heritage and the Minister of Fisheries and Oceans, make regulations respecting the entering into of agreements, the issuance of permits and the renewal, revocation, amendment and suspension of agreements and permits. Competent minister acting under other Acts 74. An agreement, permit, licence, order or other similar document authorizing a person or organization to engage in an activity affecting a listed wildlife species, any part of its critical habitat or the residences of its individuals that is entered into, issued or made by the competent minister under another Act of Parliament has the same effect as an agreement or permit under subsection 73(1) if Espèces e (a) before it is entered into, issued or made, the competent minister is of the opinion that the requirements of subsections 73(2) to (6) and (9) are met; and (b) after it is entered into, issued or made, the competent minister complies with the requirements of subsection 73(7). Adding terms and conditions 75. (1) A competent minister may add terms and conditions to protect a listed wildlife species, any part of its critical habitat or the residences of its individuals to any agreement, permit, licence, order or other similar document authorizing a person to engage in an activity affecting the species, any part of its critical habitat or the residences of its individuals that is entered into, issued or made by the competent minister under another Act of Parliament. Amending terms and conditions (2) A competent minister may also revoke or amend any term or condition in any of those documents to protect a listed wildlife species, any part of its critical habitat or the residences of its individuals. Treaties and land claims agreements (3) The competent minister must take into account any applicable provisions of treaty and land claims agreements when carrying out his or her powers under this section. Exemption for existing agreements, permits, etc. 76. The Governor in Council may, on the recommendation of a competent minister, by order, provide that section 32, 33, 36, 58, 60 or 61, or any regulation made under section 53, 59 or 71, does not apply, for a period of up to one year from the date of listing of a wildlife species, to agreements, permits, licences, orders or other similar documents authorizing persons to engage in an activity affecting the listed wildlife species, any part of its critical habitat or the residences of its individuals that were entered into, issued or made under another Act of Parliament before the species was listed. �� Licences, permits, etc., under other Acts of Parliament C. 29 Species 77. (1) Despite any other Act of Parliament, any person or body, other than a competent minister, authorized under any Act of Parliament, other than this Act, to issue or approve a licence, a permit or any other authorization that authorizes an activity that may result in the destruction of any part of the critical habitat of a listed wildlife species may enter into, issue, approve or make the authorization only if the person or body has consulted with the competent minister, has considered the impact on the species’ critical habitat and is of the opinion that (a) all reasonable alternatives to the activity that would reduce the impact on the species’ critical habitat have been considered and the best solution has been adopted; and (b) all feasible measures will be taken to minimize the impact of the activity on the species’ critical habitat. Application of section 58 (2) For greater certainty, section 58 applies even though a licence, a permit or any other authorization has been issued in accordance with subsection (1). Agreements and permits under other provincial and territorial Acts 78. (1) An agreement, permit, licence, order or other similar document authorizing a person to engage in an activity affecting a listed wildlife species, any part of its critical habitat or the residences of its individuals that is entered into, issued or made under an Act of the legislature of a province or a territory by a provincial or territorial minister with whom a competent minister has entered into an agreement under section 10 has the same effect as an agreement or permit under subsection 73(1) if (a) before it is entered into, issued or made, the provincial or territorial minister determines that the requirements of subsections 73(2), (3), (6) and (9) are met; and (b) after it is entered into, issued or made, the provincial or territorial minister complies with the requirements of subsection 73(7). 2002 Interpretation Espèces e (2) For the purpose of subsection (1), the references to ‘‘competent minister’’ in subsections 73(2), (3), (6) and (7) are to be read as references to ‘‘provincial minister’’ or ‘‘territorial minister’’, as the case may be. Project Review Notification of Minister 79. (1) Every person who is required by or under an Act of Parliament to ensure that an assessment of the environmental effects of a project is conducted must, without delay, notify the competent minister or ministers in writing of the project if it is likely to affect a listed wildlife species or its critical habitat. Required action (2) The person must identify the adverse effects of the project on the listed wildlife species and its critical habitat and, if the project is carried out, must ensure that measures are taken to avoid or lessen those effects and to monitor them. The measures must be taken in a way that is consistent with any applicable recovery strategy and action plans. Definitions (3) The definitions in this subsection apply in this section. ‘‘person’’ « personne » ‘‘person’’ includes an association or organization, and a responsible authority as defined in subsection 2(1) of the Canadian Environmental Assessment Act. ‘‘project’’ « projet » ‘‘project’’ means a project as defined in subsection 2(1) of the Canadian Environmental Assessment Act. Emergency Orders Emergency order 80. (1) The Governor in Council may, on the recommendation of the competent minister, make an emergency order to provide for the protection of a listed wildlife species. Obligation to make recommendation (2) The competent minister must make the recommendation if he or she is of the opinion that the species faces imminent threats to its survival or recovery. Consultation (3) Before making a recommendation, the competent minister must consult every other competent minister. �� Contents C. 29 Species (4) The emergency order may (a) in the case of an aquatic species, (i) identify habitat that is necessary for the survival or recovery of the species in the area to which the emergency order relates, and (ii) include provisions requiring the doing of things that protect the species and that habitat and provisions prohibiting activities that may adversely affect the species and that habitat; (b) in the case of a species that is a species of migratory birds protected by the Migratory Birds Convention Act, 1994, (i) on federal land or in the exclusive economic zone of Canada, (A) identify habitat that is necessary for the survival or recovery of the species in the area to which the emergency order relates, and (B) include provisions requiring the doing of things that protect the species and that habitat and provisions prohibiting activities that may adversely affect the species and that habitat, and (ii) on land other than land referred to in subparagraph (i), (A) identify habitat that is necessary for the survival or recovery of the species in the area to which the emergency order relates, and (B) include provisions requiring the doing of things that protect the species and provisions prohibiting activities that may adversely affect the species and that habitat; and (c) with respect to any other species, (i) on federal land, in the exclusive economic zone of Canada or on the continental shelf of Canada, (A) identify habitat that is necessary for the survival or recovery of the species in the area to which the emergency order relates, and Espèces e (B) include provisions requiring the doing of things that protect the species and that habitat and provisions prohibiting activities that may adversely affect the species and that habitat, and (ii) on land other than land referred to in subparagraph (i), (A) identify habitat that is necessary for the survival or recovery of the species in the area to which the emergency order relates, and (B) include provisions prohibiting activities that may adversely affect the species and that habitat. Exemption (5) An emergency order is exempt from the application of section 3 of the Statutory Instruments Act. Equivalent measures 81. Despite subsection 80(2), the competent minister is not required to make a recommendation for an emergency order if he or she is of the opinion that equivalent measures have been taken under another Act of Parliament to protect the wildlife species. Recommendation to repeal 82. If the competent minister is of the opinion that the species to which the emergency order relates would no longer face imminent threats to its survival or recovery even if the order were repealed, he or she must make a recommendation to the Governor in Council that the emergency order be repealed. Exceptions General exceptions 83. (1) Subsections 32(1) and (2), section 33, subsections 36(1), 58(1), 60(1) and 61(1), regulations made under section 53, 59 or 71 and emergency orders do not apply to a person who is engaging in (a) activities related to public safety, health or national security, that are authorized by or under any other Act of Parliament or activities under the Health of Animals Act and the Plant Protection Act for the health of animals and plants; or (b) activities authorized under section 73, 74 or 78 by an agreement, permit, licence, order or similar document. �� Authorization of activities under other Acts C. 29 Species (2) A power under an Act described in paragraph (1)(a) may be used to authorize an activity prohibited by subsection 32(1) or (2), section 33, subsection 36(1), 58(1), 60(1) or 61(1), a regulation made under section 53, 59 or 71 or an emergency order only if the person exercising the power (a) determines that the activity is necessary for the protection of public safety, health, including animal and plant health, or national security; and (b) respects the purposes of this Act to the greatest extent possible. Exceptions — land claims agreements (3) Subsections 32(1) and (2), section 33, subsections 36(1), 58(1), 60(1) and 61(1) and regulations made under section 53, 59 or 71 do not apply to a person who is engaging in activities in accordance with conservation measures for wildlife species under a land claims agreement. Exemptions for permitted activities (4) Subsections 32(1) and (2), section 33 and subsections 36(1), 58(1), 60(1) and 61(1) do not apply to a person who is engaging in activities that are permitted by a recovery strategy, an action plan or a management plan and who is also authorized under an Act of Parliament to engage in that activity, including a regulation made under section 53, 59 or 71. Additional possession exceptions (5) Subsection 32(2) and paragraph 36(1)(b) do not apply to a person who possesses an individual of a listed extirpated, endangered or threatened species, or any part or derivative of such an individual, if (a) it was in the person’s possession when the species was listed; (b) it is used by an aboriginal person for ceremonial or medicinal purposes, or it is part of ceremonial dress used for ceremonial or cultural purposes by an aboriginal person; (c) the person acquired it legally in another country and imported it legally into Canada; Espèces e (d) the person acquired it by succession from someone who was entitled to possess it under this Act; (e) the person acquired it under circumstances that would afford them a defence under section 100 and the person possesses it only for as long as is necessary to donate it to a museum, a zoo, an educational institution, a scientific society or a government; (f) the person is, or is acting on behalf of, a museum, zoo, educational institution, scientific society or government and the person acquired it from someone who was entitled to possess it under this Act; or (g) it or the person is otherwise exempt by the regulations. Regulations 84. The Governor in Council may, on the recommendation of the Minister after consultation with the Minister of Canadian Heritage and the Minister of Fisheries and Oceans, make regulations for the purpose of paragraph 83(5)(g). ENFORCEMENT MEASURES Enforcement Officers Enforcement officers 85. (1) A competent minister may designate any person or person of a class of persons to act as enforcement officers for the purposes of this Act. Designation of provincial or territorial government employees (2) The competent minister may not designate any person or person of a class of persons employed by the government of a province or a territory unless that government agrees. Certificate of designation (3) An enforcement officer must be provided with a certificate of designation as an enforcement officer in a form approved by the competent minister and, on entering any place under this Act, the officer must, if so requested, show the certificate to the occupant or person in charge of the place. �� C. 29 Species Powers (4) For the purposes of this Act, enforcement officers have all the powers of a peace officer, but the competent minister may specify limits on those powers when designating any person or person of a class of persons to act as enforcement officers. Exemptions for law enforcement activities (5) For the purpose of investigations and other law enforcement activities under this Act, a competent minister may, on any terms and conditions that he or she considers necessary, exempt from the application of any provision of this Act, the regulations or an emergency order enforcement officers whom the competent minister has designated and who are carrying out duties or functions under this Act and persons acting under the direction and control of such enforcement officers. Inspections Inspections 86. (1) For the purpose of ensuring compliance with any provision of this Act, the regulations or an emergency order, an enforcement officer may, subject to subsection (3), at any reasonable time enter and inspect any place in which the enforcement officer believes, on reasonable grounds, there is any thing to which the provision applies or any document relating to its administration, and the enforcement officer may (a) open or cause to be opened any container that the enforcement officer believes, on reasonable grounds, contains that thing or document; (b) inspect the thing and take samples free of charge; (c) require any person to produce the document for inspection or copying, in whole or in part; and (d) seize any thing by means of or in relation to which the enforcement officer believes, on reasonable grounds, the provision has been contravened or that the enforcement officer believes, on reasonable grounds, will provide evidence of a contravention. Conveyance (2) For the purposes of carrying out the inspection, the enforcement officer may stop a conveyance or direct that it be moved to a place where the inspection can be carried out. Espèces e Dwelling-place (3) The enforcement officer may not enter a dwelling-place except with the consent of the occupant or person in charge of the dwelling-place or under the authority of a warrant. Authority to issue warrant for inspection of dwelling-place (4) On an ex parte application, a justice, as defined in section 2 of the Criminal Code, may issue a warrant, subject to any conditions specified in it, authorizing an enforcement officer to enter a dwelling-place, if the justice is satisfied by information on oath that (a) the conditions for entry described in subsection (1) exist in relation to the dwelling-place; (b) entry to the dwelling-place is necessary for the purposes of the administration of this Act, the regulations or an emergency order; and (c) entry to the dwelling-place has been refused or there are reasonable grounds for believing that entry will be refused. Authority to issue warrant for inspection of non-dwellings (5) On an ex parte application, a justice, as defined in section 2 of the Criminal Code, may issue a warrant, subject to any conditions specified in it, authorizing an enforcement officer to enter a place other than a dwellingplace, if the justice is satisfied by information on oath that (a) the conditions for entry described in subsection (1) exist in relation to that place; (b) entry to that place is necessary for the purposes of the administration of this Act, the regulations or an emergency order; (c) entry to that place has been refused, the enforcement officer is not able to enter without the use of force or the place was abandoned; and (d) subject to subsection (6), all reasonable attempts were made to notify the owner, operator or person in charge of the place. Waiving notice (6) The justice may waive the requirement to give notice referred to in subsection (5) if the justice is satisfied that attempts to give the notice would be unsuccessful because the owner, operator or person in charge is absent from the jurisdiction of the justice or that it is not in the public interest to give the notice. �� C. 29 Species Use of force (7) In executing a warrant issued under subsection (4) or (5), an enforcement officer may not use force unless the use of force has been specifically authorized in the warrant. Operation of computer system and copying equipment (8) In carrying out an inspection of a place under this section, an enforcement officer may (a) use or cause to be used any computer system at the place to examine any data contained in or available to the computer system; (b) reproduce any record or cause it to be reproduced from the data in the form of a printout or other intelligible output; (c) take a printout or other output for examination or copying; and (d) use or cause to be used any copying equipment at the place to make copies of the record. Duty of person in possession or control (9) Every person who is in possession or control of a place being inspected under this section must permit the enforcement officer to do anything referred to in subsection (8). Disposition of Things Seized Custody of things seized 87. (1) Subject to subsections (2) to (4), if an enforcement officer seizes a thing under this Act or under a warrant issued under the Criminal Code, (a) sections 489.1 and 490 of the Criminal Code apply; and (b) the enforcement officer, or any person that the officer may designate, must retain custody of the thing subject to any order made under section 490 of the Criminal Code. Forfeiture if ownership not ascertainable (2) If the lawful ownership of or entitlement to the seized thing cannot be ascertained within 30 days after its seizure, the thing or any proceeds of its disposition are forfeited to Her Majesty in right of Canada, if the thing was seized by an enforcement officer employed in the public service of Canada or by the government of a territory, or to Her Majesty in right of a province, if the thing was seized by an enforcement officer employed by the government of that province. Espèces e Perishable things (3) If the seized thing is perishable, the enforcement officer may dispose of it or destroy it, and any proceeds of its disposition must be paid to the lawful owner or person lawfully entitled to possession of the thing, unless proceedings under this Act are commenced within 90 days after its seizure, in which case the proceeds must be retained by the enforcement officer pending the outcome of the proceedings. Release of individual (4) An enforcement officer who seizes an individual of a species at risk may, at the time of the seizure, return the individual to the wild if the enforcement officer believes the individual to be alive. Abandonment (5) The owner of the seized thing may abandon it to Her Majesty in right of Canada or a province. Disposition by competent minister 88. Any thing that has been forfeited or abandoned under this Act is to be dealt with and disposed of as the competent minister may direct. Liability for costs 89. The lawful owner and any person lawfully entitled to possession of any thing seized, forfeited or abandoned under this Act and who has been convicted of an offence under this Act in relation to that thing, are jointly and severally, or solidarily, liable for all the costs of inspection, seizure, abandonment, forfeiture or disposition incurred by Her Majesty in excess of any proceeds of disposition of the thing that have been forfeited to Her Majesty under this Act. Assistance to Enforcement Officers Right of passage 90. An enforcement officer may, while carrying out powers, duties or functions under this Act, enter on and pass through or over private property without being liable for trespass or without the owner of the property having the right to object to that use of the property. Assistance 91. The owner or the person in charge of a place entered by an enforcement officer under section 86, and every person found in the place, must (a) give the enforcement officer all reasonable assistance to enable the enforcement �� C. 29 Species officer to carry out duties and functions under this Act; and (b) provide the enforcement officer with any information in relation to the administration of this Act, the regulations or an emergency order that the enforcement officer may reasonably require. Obstruction 92. While an enforcement officer is exercising powers or carrying out duties or functions under this Act, no person shall (a) knowingly make any false or misleading statement, either orally or in writing, to the enforcement officer; or (b) otherwise obstruct or hinder the enforcement officer. Investigations Application for investigation 93. (1) A person who is a resident of Canada and at least 18 years of age may apply to the competent minister for an investigation of whether an alleged offence has been committed or whether anything directed towards its commission has been done. Statement to accompany application (2) The application must be in a form approved by the competent minister and must include a solemn affirmation or declaration containing (a) the name and address of the applicant; (b) a statement that the applicant is at least 18 years old and a resident of Canada; (c) a statement of the nature of the alleged offence and the name of each person alleged to be involved; (d) a summary of the evidence supporting the allegations; (e) the name and address of each person who might be able to give evidence about the alleged offence, together with a summary of the evidence that the person might give, to the extent that information is available to the applicant; (f) a description of any document or other material that the applicant believes should be considered in the investigation and, if possible, a copy of the document; and Espèces e (g) details of any previous contact between the applicant and the competent minister about the alleged offence. Investigation 94. (1) The competent minister must acknowledge receipt of the application within 20 days after receiving it and, subject to subsections (2) and (3), investigate all matters that he or she considers necessary to determine the facts relating to the alleged offence. Frivolous or vexatious applications (2) No investigation is required if the competent minister decides that the application is frivolous or vexatious. Notice of decision (3) If the competent minister decides not to conduct an investigation, he or she must, within 60 days after the application for investigation is received, give notice of the decision, with reasons, to the applicant. When notice need not be given (4) The competent minister need not give the notice if an investigation in relation to the alleged offence is ongoing apart from the application. Competent minister may send evidence to Attorney General 95. At any stage of the investigation, the competent minister may send any documents or other evidence to the Attorney General for a consideration of whether an offence has been or is about to be committed, and for any action that the Attorney General may wish to take. Suspension or conclusion of investigation 96. (1) The competent minister may suspend or conclude the investigation if he or she is of the opinion that the alleged offence does not require further investigation or the investigation does not substantiate the alleged offence or any other offence. Report if investigation suspended (2) If the investigation is suspended, the competent minister must prepare a written report describing the information obtained during the investigation and stating the reasons for its suspension and the action, if any, that the competent minister has taken or proposes to take and send a copy of the report to the applicant. The competent minister must notify the applicant if the investigation is subsequently resumed. �� C. 29 Species Report when investigation concluded (3) When the investigation is concluded, the competent minister must prepare a written report describing the information obtained during the investigation and stating the reasons for its conclusion and the action, if any, that the competent minister has taken or proposes to take and send a copy of the report to the applicant and to each person whose conduct was investigated. Personal information not to be disclosed (4) A copy of the report sent to a person whose conduct was investigated must not disclose the name or address of the applicant or any other personal information about him or her. When report need not be sent (5) If another investigation in relation to the alleged offence is ongoing apart from the application, the competent minister need not send copies of a report described in subsection (2) or (3) until the other investigation is suspended or concluded. OFFENCES AND PUNISHMENT Contraventions 97. (1) Every person who contravenes subsection 32(1) or (2), section 33, subsection 36(1), 58(1), 60(1) or 61(1) or section 91 or 92 or any prescribed provision of a regulation or an emergency order, or who fails to comply with an alternative measures agreement the person has entered into under this Act, (a) is guilty of an offence punishable on summary conviction and is liable (i) in the case of a corporation, other than a non-profit corporation, to a fine of not more than $300,000, (ii) in the case of a non-profit corporation, to a fine of not more than $50,000, and (iii) in the case of any other person, to a fine of not more than $50,000 or to imprisonment for a term of not more than one year, or to both; or (b) is guilty of an indictable offence and is liable (i) in the case of a corporation, other than a non-profit corporation, to a fine of not more than $1,000,000, Espèces e (ii) in the case of a non-profit corporation, to a fine of not more than $250,000, and (iii) in the case of any other person, to a fine of not more than $250,000 or to imprisonment for a term of not more than five years, or to both. Prescription of provisions (2) A regulation or emergency order may prescribe which of its provisions may give rise to an offence. Subsequent offence (3) If a person is convicted of an offence a subsequent time, the amount of the fine for the subsequent offence may, despite subsection (1), be double the amount set out in that subsection. Continuing offence (4) A person who commits or continues an offence on more than one day is liable to be convicted for a separate offence for each day on which the offence is committed or continued. Fines cumulative (5) A fine imposed for an offence involving more than one animal, plant or other organism may be calculated in respect of each one as though it had been the subject of a separate information and the fine then imposed is the total of that calculation. Additional fine (6) If a person is convicted of an offence and the court is satisfied that monetary benefits accrued to the person as a result of the commission of the offence, the court may order the person to pay an additional fine in an amount equal to the court’s estimation of the amount of the monetary benefits, which additional fine may exceed the maximum amount of any fine that may otherwise be imposed under this Act. Meaning of ‘‘non-profit corporation’’ (7) For the purposes of subparagraphs (1)(a)(i), (ii) and (iii) and (b)(i), (ii) and (iii), ‘‘non-profit corporation’’ means a corporation, no part of the income of which is payable to, or is otherwise available for, the personal benefit of any proprietor, member or shareholder of the corporation. �� C. 29 Species Officers, etc., of corporations 98. If a corporation commits an offence, any officer, director, agent or mandatory of the corporation who directed, authorized, assented to, or acquiesced or participated in, the commission of the offence is a party to and guilty of the offence and is liable on conviction to the punishment provided for the offence, whether or not the corporation has been prosecuted or convicted. Offences by employees or agents 99. In any prosecution for an offence, the accused may be convicted of the offence if it is established that it was committed by an employee, agent or mandatory of the accused, whether or not the employee, agent or mandatory has been prosecuted for the offence. Due diligence 100. Due diligence is a defence in a prosecution for an offence. Venue 101. A prosecution for an offence may be instituted, heard and determined in the place where the offence was committed, the subjectmatter of the prosecution arose, the accused was apprehended or the accused happens to be or is carrying on business. Sentencing considerations 102. A court that imposes a sentence shall take into account, in addition to any other principles that it is required to consider, the following factors: (a) the harm or risk of harm caused by the commission of the offence; (b) whether the offender was found to have committed the offence intentionally, recklessly or inadvertently; (c) whether the offender was found by the court to have been negligent or incompetent or to have shown a lack of concern with respect to the commission of the offence; (d) any property, benefit or advantage received or receivable by the offender to which, but for the commission of the offence, the offender would not have been entitled; (e) any evidence from which the court may reasonably conclude that the offender has a history of non-compliance with legislation designed to protect wildlife species; and Espèces e (f) all available sanctions that are reasonable in the circumstances, with particular attention to the circumstances of aboriginal offenders. Forfeiture 103. (1) If a person is convicted of an offence, the convicting court may, in addition to any punishment imposed, order that any seized thing by means of or in relation to which the offence was committed, or any proceeds of its disposition, be forfeited to Her Majesty. Return if no forfeiture ordered (2) If the convicting court does not order the forfeiture, the seized thing, or the proceeds of its disposition, must be returned to its lawful owner or the person lawfully entitled to it. Retention or sale 104. If a fine is imposed on a person convicted of an offence, any seized thing, or any proceeds of its disposition, may be retained until the fine is paid or the thing may be sold in satisfaction of the fine and the proceeds applied, in whole or in part, in payment of the fine. Orders of court 105. If a person is convicted of an offence, the court may, in addition to any punishment imposed and having regard to the nature of the offence and the circumstances surrounding its commission, make an order having any or all of the following effects: (a) prohibiting the person from doing any act or engaging in any activity that could, in the opinion of the court, result in the continuation or repetition of the offence; (b) directing the person to take any action that the court considers appropriate to remedy or avoid any harm to any wildlife species that resulted or may result from the commission of the offence; (c) directing the person to have an environmental audit conducted by a person of a class and at the times specified by the court and directing the person to remedy any deficiencies revealed during the audit; (d) directing the person to publish, in any manner that the court considers appropriate, the facts relating to the commission of the offence; �� C. 29 Species (e) directing the person to perform community service in accordance with any conditions that the court considers reasonable; (f) directing the person to submit to the competent minister, on application to the court by the competent minister within three years after the conviction, any information about the activities of the person that the court considers appropriate; (g) directing the person to pay a competent minister or the government of a province or a territory an amount for all or any of the cost of remedial or preventive action taken, or to be taken, by or on behalf of the competent minister or that government as a result of the commission of the offence; (h) directing the manner prescribed for the purpose of the protection of respect of which mitted; person to pay, in the by the court, an amount conducting research into the wildlife species in the offence was com(i) directing the person to pay, in the manner prescribed by the court, an amount to an educational institution for scholarships for students enrolled in environmental studies; (j) directing the person to post a bond or pay to the court an amount that the court considers appropriate for the purpose of ensuring compliance with any prohibition, direction or requirement under this section; and (k) requiring the person to comply with any other conditions that the court considers appropriate for securing the person’s good conduct and for preventing the person from repeating the offence or committing other offences. Suspended sentence 106. (1) If a person is convicted of an offence and the court suspends the passing of sentence under paragraph 731(1)(a) of the Criminal Code, the court may, in addition to any probation order made under that Act, make an order containing one or more of the prohibitions, directions or requirements mentioned in section 105. Espèces e Imposition of sentence (2) If the person does not comply with the order or is convicted of another offence, within three years after the order is made, the court may, on the application of the prosecution, impose any sentence that could have been imposed if the passing of sentence had not been suspended. Limitation period 107. (1) Proceedings by way of summary conviction in respect of an offence may be commenced at any time within, but not later than, two years after the day on which the subject-matter of the proceedings became known to the competent minister. Competent minister’s certificate (2) A document appearing to have been issued by the competent minister, certifying the day on which the subject-matter of any proceedings became known to the competent minister, is admissible in evidence without proof of the signature or official character of the person appearing to have signed the document and is proof of the matter asserted in it. References to the competent minister (3) A reference to the competent minister in this section includes a provincial or territorial minister if the competent minister has delegated responsibility for the enforcement of this Act, the regulations or an emergency order in the province or territory to the provincial or territorial minister and the offence is alleged to have been committed in 3 the province or territory. ALTERNATIVE MEASURES When alternative measures may be used 108. (1) Alternative measures may be used to deal with a person who is alleged to have committed an offence, but only if it is not inconsistent with the purposes of this Act to do so and the following conditions are met: (a) the measures are part of a program of alternative measures authorized by the Attorney General, after consultation with the competent minister; (b) an information has been laid in respect of the offence; (c) the Attorney General, after consultation with the competent minister, is satisfied that the alternative measures would be appropriate, having regard to the nature of the �� C. 29 Species offence, the circumstances surrounding its commission and the following factors, namely, (i) the protection of species at risk, (ii) the person’s history of compliance with this Act, (iii) whether the offence is a repeated occurrence, (iv) any allegation that information is being or was concealed or other attempts to subvert the purposes and requirements of this Act are being or have been made, and (v) whether any remedial or preventive action has been taken by or on behalf of the person in relation to the offence; (d) the person applies, in accordance with regulations made under paragraph 119(a), to participate in the alternative measures after having been informed of them; (e) the person and the Attorney General have concluded an agreement respecting the alternative measures within 180 days after the person has, with respect to the offence, been served with a summons, been issued an appearance notice or entered into a promise to appear or a recognizance; (f) before consenting to participate in the alternative measures, the person has been advised of the right to be represented by counsel; (g) the person accepts responsibility for the act or omission that forms the basis of the offence; (h) there is, in the opinion of the Attorney General, sufficient evidence to proceed with the prosecution of the offence; and (i) the prosecution of the offence is not barred at law. Restriction on use (2) Alternative measures may not be used to deal with a person who (a) denies participation or involvement in the commission of the alleged offence; or (b) expresses the wish to have any charge against them dealt with by the court. Espèces e Admissions not admissible in evidence (3) No admission, confession or statement accepting responsibility for a given act or omission made by a person as a condition of being dealt with by alternative measures is admissible in evidence against the person in any civil or criminal proceedings. Dismissal of charge (4) A court must dismiss a charge laid against a person in respect of an offence if alternative measures have been used to deal with the person in respect of the alleged offence and (a) the court is satisfied on a balance of probabilities that the person has totally complied with the agreement; or (b) the court is satisfied on a balance of probabilities that the person has partially complied with the agreement and, in the opinion of the court, the prosecution of the charge would be unfair, having regard to the circumstances and the person’s performance with respect to the agreement. No bar to proceedings (5) The use of alternative measures in respect of a person who is alleged to have committed an offence is not a bar to any proceedings against the person under this Act. Laying of information, etc. (6) This section does not prevent any person from laying an information, obtaining the issue or confirmation of any process, or proceeding with the prosecution of any offence, in accordance with law. Terms and conditions in agreement 109. (1) An alternative measures agreement may contain any terms and conditions, including (a) terms and conditions having any or all of the effects set out in section 105 or any other terms and conditions having any of the effects prescribed by regulations that the Attorney General, after consultation with the competent minister, considers appropriate; and (b) terms and conditions relating to the costs associated with ensuring compliance with the agreement. Supervision of compliance (2) Any governmental organization may supervise compliance with the agreement. �� C. 29 Species Duration of agreement 110. An alternative measures agreement comes into effect on the day on which it is concluded or on any later day that is specified in the agreement and continues in effect for a period of not more than three years. Filing in court for purpose of public access 111. (1) The Attorney General must consult the competent minister before concluding an alternative measures agreement and, subject to subsection (5), must have the agreement filed with the court in which the information was laid within 30 days after the agreement is concluded. The agreement is to be filed as part of the court record of the proceedings to which the public has access. Reports (2) A report relating to the administration of, and compliance with, the agreement must be filed with the same court by the Attorney General immediately after all the terms and conditions of the agreement have been complied with or the charges in respect of which the agreement was entered into have been dismissed. Third party information (3) Subject to subsection (4), if any of the following information is to be part of the agreement or the report, it must be set out in a schedule to the agreement or to the report: (a) trade secrets of any person; (b) financial, commercial, scientific or technical information that is confidential information and is treated consistently in a confidential manner by any person; (c) information the disclosure of which could reasonably be expected to result in material financial loss or gain to any person, or could reasonably be expected to prejudice the competitive position of any person; or (d) information the disclosure of which could reasonably be expected to interfere with contractual or other negotiations of any person. Agreement on information to be in schedule (4) The parties to the agreement must agree on which information that is to be part of the agreement or the report is information that meets the requirements of paragraphs (3)(a) to (d). Espèces e How schedule is to be kept secret (5) The schedule is confidential and must not be filed with the court. Prohibition of disclosure (6) The competent minister must not disclose any information set out in a schedule to the agreement or to the report, except as authorized by section 117 or the Access to Information Act. Stay of proceedings 112. (1) Despite section 579 of the Criminal Code, the Attorney General must, on filing an alternative measures agreement, stay the proceedings in respect of the alleged offence, or apply to the court for an adjournment of the proceedings, for a period of not more than one year after the expiry of the agreement. Recommencement of proceedings (2) Proceedings stayed under subsection (1) may be recommenced without laying a new information or preferring a new indictment, as the case may be, by the Attorney General giving notice of the recommencement to the clerk of the court in which the stay of the proceedings was entered. If no such notice is given within one year after the expiry of the agreement, the proceedings are deemed to have never been commenced. Application to vary agreement 113. (1) Subject to subsections 111(2) and (3), the Attorney General may vary the terms and conditions of an alternative measures agreement on application by the person bound by the agreement and after consultation with the competent minister. The Attorney General must be of the opinion that the variation is desirable because of a material change in the circumstances since the agreement was concluded or last varied. The variation may include (a) decreasing the period for which the agreement is to remain in force; and (b) relieving the person of compliance with any condition that is specified in the agreement, either absolutely or partially or for any period that the Attorney General considers desirable. Filing varied agreement (2) An agreement that has been varied must be filed in accordance with section 111 with the court in which the original agreement was filed. �� C. 29 Species Application of provisions dealing with records 114. Sections 115 to 117 apply only in respect of persons who have entered into an alternative measures agreement, regardless of the degree of their compliance with the terms and conditions of the agreement. Disclosure of information by peace officer or enforcement officer 115. Where it is necessary in the conduct of an investigation of an offence, a peace officer or enforcement officer may disclose to a department or agency of a government in Canada any information in a record relating to an offence alleged to have been committed by a person, including the original or a copy of any fingerprints or photographs of the person. Government records 116. (1) The competent minister, any enforcement officer and any department or agency of a government in Canada with which the competent minister has entered into an agreement under section 10 may keep records and use information obtained as a result of the use of alternative measures to deal with a person (a) for the purposes of an inspection under this Act or an investigation of an offence alleged to have been committed by a person; (b) in proceedings against a person under this Act; (c) for the purpose of the administration of alternative measures programs; or (d) otherwise for the administration of this Act. Private records (2) Any person or organization may keep records of information obtained by them as a result of supervising compliance with an alternative measures agreement and use the information for the purpose of supervising such compliance. Disclosure of records 117. (1) A record or information referred to in section 115 or 116 may be made available to (a) any judge or court for any purpose with respect to proceedings relating to offences under this or any other Act committed or alleged to have been committed by the person to whom the record relates; Espèces e (b) any peace officer, enforcement officer or prosecutor (i) for the purpose of investigating an offence under this or any other Act that the person is suspected on reasonable grounds of having committed, or in respect of which the person has been arrested or charged, or (ii) for any purpose related to the administration of the case to which the record relates; (c) any member of a department or agency of a government in Canada, or any agent of such a government, that is (i) engaged in the administration of alternative measures in respect of the person, or (ii) preparing a report in respect of the person under this Act; or (d) any other person who is deemed, or any person within a class of persons that is deemed, by a judge of a court to have a valid interest in the record, to the extent directed by the judge, if (i) the judge is satisfied that the disclosure is desirable in the public interest for research or statistical purposes or in the interest of the proper administration of justice, and (ii) the person gives a written undertaking not to subsequently disclose the information except in accordance with subsection (2). Subsequent disclosure for research or statistical purposes (2) If a record is made available for inspection to any person under paragraph (1)(d) for research or statistical purposes, that person may subsequently disclose information contained in the record, but may not disclose the information in any form that would reasonably be expected to identify the person to whom it relates. Information, copies (3) A person to whom a record is authorized to be made available under this section may be given any information contained in the record and may be given a copy of any part of the record. �� C. 29 Species Evidence (4) This section does not authorize the introduction into evidence of any part of a record that would not otherwise be admissible in evidence. Exception for public access to court record (5) For greater certainty, this section does not apply in respect of an alternative measures agreement, a varied alternative measures agreement or a report that is filed with the court in accordance with section 111. Information exchange agreements 118. The competent minister may enter into an agreement with a department or agency of a government in Canada respecting the exchange of information for the purpose of administering alternative measures or preparing a report in respect of a person’s compliance with an alternative measures agreement. Regulations 119. The competent minister may make regulations respecting the alternative measures that may be used for the purposes of this Act including regulations respecting (a) the form and manner in which and the period within which an application to participate in the alternative measures is to be made, and the information that must be contained in or accompany the application; (b) the manner of preparing and filing reports relating to the administration of and compliance with alternative measures agreements; (c) the types of costs, and the manner of paying the costs, associated with ensuring compliance with alternative measures agreements; and (d) the terms and conditions that may be included in an alternative measures agreement and the effects of those terms and conditions. PUBLIC REGISTRY Public registry 120. The Minister must establish a public registry for the purpose of facilitating access to documents relating to matters under this Act. Regulations 121. The Governor in Council may, on the recommendation of the Minister after consultation with the Minister of Canadian Heritage and the Minister of Fisheries and Oceans, Espèces e make regulations respecting the form of the public registry, the keeping of the public registry and access to it. Protection from proceedings 122. Despite any other Act of Parliament, no civil or criminal proceedings may be brought against Her Majesty in right of Canada, the Minister, the Minister of Canadian Heritage, the Minister of Fisheries and Oceans or any person acting on behalf of or under the direction of any of them for the full or partial disclosure in good faith of any notice or other document through the public registry or any consequences of its disclosure. Documents to be in public registry 123. The public registry shall contain every document required to be included in the public registry by this Act and the following documents, or a copy of the following documents: (a) regulations and orders made under this Act; (b) agreements entered into under section 10; (c) COSEWIC’s criteria for the classification of wildlife species; (d) status reports on wildlife species that COSEWIC has had prepared or has received with an application; (e) the List of Wildlife Species at Risk; (f) codes of practice, national standards or guidelines established under this Act; (g) agreements and reports filed under section 111 or subsection 113(2) or notices that those agreements or reports have been filed in court and are available to the public; and (h) every report made under sections 126 and 128. Restriction 124. The Minister, on the advice of COSEWIC, may restrict the release of any information required to be included in the public registry if that information relates to the location of a wildlife species or its habitat and restricting its release would be in the best interests of the species. �� C. 29 Species FEES AND CHARGES Regulations 125. (1) The Governor in Council may, on the recommendation of the Minister and the President of the Treasury Board, after the Minister has consulted the Minister of Canadian Heritage and the Minister of Fisheries and Oceans, make regulations (a) prescribing the fees and charges, or the manner of determining them, that may be charged for agreements or permits under section 73, for amendments to or for the renewal of such agreements or permits, for copies of documents in the public registry and for the inclusion of a document in the public registry; (b) exempting any person or class of persons from the requirement to pay any of those fees or charges; and (c) generally, in respect of any condition or any other matter in relation to the payment of those fees or charges. Recovery of fees (2) A fee or charge required by the regulations to be paid constitutes a debt due to Her Majesty in right of Canada and may be recovered in any court of competent jurisdiction. REPORTS AND REVIEW OF ACT Annual report to Parliament 126. The Minister must annually prepare a report on the administration of this Act during the preceding calendar year and must have a copy of the report tabled in each House of Parliament within the first 15 days that it is sitting after the completion of the report. The report must include a summary addressing the following matters: (a) COSEWIC’s assessments and the Minister’s response to each of them; (b) the preparation and implementation of recovery strategies, action plans and management plans; (c) all agreements made under sections 10 to 13; (d) all agreements entered into and permits issued under section 73 and all agreements and permits amended under section 75 or exempted under section 76; Espèces e (e) enforcement and compliance actions taken, including the response to any requests for investigation; (f) regulations and emergency orders made under this Act; and (g) any other matters that the Minister considers relevant. Convening round table 127. (1) The Minister must, at least once every two years, convene a round table of persons interested in matters respecting the protection of wildlife species at risk in Canada to advise the Minister on those matters. Recommendations to be in public registry (2) Any written recommendations from the round table must be included in the public registry. Response of Minister (3) The Minister must respond to any written recommendations from the round table within 180 days after receiving them and a copy of the Minister’s response must be included in the public registry. Reports on status of wildlife species 128. Five years after this section comes into force and at the end of each subsequent period of five years, the Minister must prepare a general report on the status of wildlife species. The Minister must have the report tabled in each House of Parliament within the first 15 days that it is sitting after the completion of the report. Parliamentary review of Act 129. Five years after this section comes into force, a committee of the House of Commons, of the Senate or of both Houses of Parliament is to be designated or established for the purpose of reviewing this Act. ASSESSMENT OF WILDLIFE SPECIES MENTIONED IN THE SCHEDULES Assessment of status 130. (1) COSEWIC must assess the status of each wildlife species set out in Schedule 2 or 3, and, as part of the assessment, identify existing and potential threats to the species and (a) classify the species as extinct, extirpated, endangered, threatened or of special concern; (b) indicate that COSEWIC does not have sufficient information to classify the species; or �� C. 29 Species (c) indicate that the species is not currently at risk. Time for assessment — Schedule 2 (2) In the case of a species set out in Schedule 2, the assessment must be completed within 30 days after section 14 comes into force. Deemed classification (3) If an assessment of a wildlife species set out in Schedule 2 is not completed within the required time or, if there has been an extension, within the extended time, COSEWIC is deemed to have classified the species as indicated in Schedule 2. Time for assessment — Schedule 3 (4) In the case of a species set out in Schedule 3, the assessment must be completed within one year after the competent minister requests the assessment. If there is more than one competent minister with respect to the species, they must make the request jointly. Extension (5) The Governor in Council may, on the recommendation of the Minister after consultation with the competent minister or ministers, by order, extend the time provided for the assessment of any species set out in Schedule 2 or 3. The Minister must include a statement in the public registry setting out the reasons for the extension. Provisions apply (6) Subsections 15(2) and (3) and 21(1) and section 25 apply with respect to assessments under subsection (1). Recent reports (7) In making its assessment of a wildlife species, COSEWIC may take into account and rely on any report on the species that was prepared in the two-year period before this Act receives royal assent. Section 27 applies 131. Section 27 applies in respect of a wildlife species referred to in section 130 that COSEWIC classifies as extinct, extirpated, endangered, threatened or of special concern or that is deemed to have been so classified. Time for recovery strategy 132. If a wildlife species is added to the List by the Governor in Council as the result of an assessment under section 130, the recovery strategy for the species must be prepared within three years after the listing in the case of an endangered species, and within four years in the case of a threatened species. 2002 Time for management plan Espèces e 133. If a wildlife species is added to the List by the Governor in Council as a species of special concern as the result of an assessment under section 130, the management plan for the species must be prepared within five years after the listing. RELATED AMENDMENTS R.S., c. W-9; 1994, c. 23, s. 2(F) Canada Wildlife Act 134. Section 4 of the Canada Wildlife Act is amended by adding the following after subsection (2): Powers in relation to lands administered by other ministers (3) If public lands under the administration of a minister of the Crown other than the Minister are, in the opinion of the Minister and the other minister, required for wildlife research, conservation or interpretation, the Governor in Council may, on the recommendation of both ministers, by order, authorize the Minister to exercise, with the concurrence of the other minister, the powers referred to in subsection (2) in relation to those lands or any portion of them specified in the order. 135. The Act is amended by adding the following after section 4.1: Delegation by Minister 4.2 (1) The Minister may delegate to any minister of the Crown in right of Canada any power conferred on the Minister under this Act. The other minister may then exercise the power subject to any terms and conditions that the Minister specifies. Sub-delegation (2) The other minister may delegate any power delegated under subsection (1) to any person employed in any department for which that other minister is responsible. 1991, c. 50, s. 48(1) 136. (1) Paragraph 12(a) of the Act is replaced by the following: (a) prohibiting entry, generally or for any specified period or purpose, of any person on lands under the administration of the Minister, or on public lands referred to in an order made under subsection 4(3), or on any part of those lands; 1994, c. 23, s. 14(3) (2) Paragraphs 12(i) and (j) of the Act are replaced by the following: �� C. 29 Species (i) prescribing measures for the conservation of wildlife (i) on public lands the administration of which has been assigned to the Minister pursuant to any federal law, (ii) on public lands referred to in an order made under subsection 4(3), or (iii) in any protected marine areas established pursuant to subsection 4.1(1); and (j) respecting the establishment of facilities or the construction, maintenance and operation of works for wildlife research, conservation and interpretation (i) on public lands the administration of which has been assigned to the Minister pursuant to any federal law, (ii) on public lands referred to in an order made under subsection 4(3), or (iii) in any protected marine areas established pursuant to subsection 4.1(1). 1992, c. 37 Canadian Environmental Assessment Act 137. The definition ‘‘environmental effect’’ in subsection 2(1) of the Canadian Environmental Assessment Act is replaced by the following: ‘‘environmental effect’’ « effets environnementaux » ‘‘environmental effect’’ means, in respect of a project, (a) any change that the project may cause in the environment, including any change it may cause to a listed wildlife species, its critical habitat or the residences of individuals of that species, as those terms are defined in subsection 2(1) of the Species at Risk Act, (b) any effect of any change referred to in paragraph (a) on (i) health and socio-economic conditions, (ii) physical and cultural heritage, (iii) the current use of lands and resources for traditional purposes by aboriginal persons, or Espèces e (iv) any structure, site or thing that is of historical, archaeological, paleontological or architectural significance, or (c) any change to the project that may be caused by the environment, whether any such change or effect occurs within or outside Canada; 1994, c. 22 Migratory Birds Convention Act, 1994 138. The Migratory Birds Convention Act, 1994 is amended by adding the following after section 11: Delegation by Minister 1992, c. 52 11.1 The Minister may delegate to any minister of the Crown in right of Canada or of a province or to any person who is employed by the Government of Canada, the government of a province or any other government in Canada any power conferred on the Minister under this Act relating to its enforcement or the issuance, renewal, revocation and suspension of permits. The minister or other person to whom the power is delegated may then exercise the power subject to any terms and conditions that the Minister specifies. Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act 139. Section 10 of the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act is amended by adding the following after subsection (3): Delegation by Minister (4) The Minister may delegate to any minister of the Crown in right of Canada or of a province or to any person who is employed by the Government of Canada, the government of a province or any other government in Canada any power conferred on the Minister under this section relating to permits. The minister or other person to whom the power is delegated may then exercise the power subject to any terms and conditions that the Minister specifies. �� C. 29 Species 140. Paragraph 21(1)(c) of the Act is amended by striking out the word ‘‘and’’ at the end of subparagraph (iii), by adding the word ‘‘and’’ at the end of subparagraph (iv) and by adding the following after subparagraph (iv): (v) for the purposes of section 8; 141. The Act is amended by adding the following after section 21: Order 21.1 (1) The Governor in Council may, on the recommendation of the Minister, by order, amend the definition ‘‘animal’’ or ‘‘plant’’ in section 2 for the purposes of subsection 6(2). Recommendation (2) If the Minister is of the opinion that the import of any specimen, living or dead, would be harmful to Canadian ecosystems or to any species in Canada and that urgent action is needed, the Minister may recommend that an order be made under subsection (1). Duration of amendment (3) The amendment made by the order applies for the period specified in the order, which period may not be longer than one year from the day the order is made. Exemption (4) The order is exempt from the application of section 3 of the Statutory Instruments 2 Act. COORDINATING AMENDMENT Bill C-10 141.1 If Bill C-10, introduced in the 1st Session of the 37th Parliament and entitled the Canada National Marine Conservation Areas Act, receives royal assent, then, on the later of the coming into force of subsection 34(2) of that Act and the definition ‘‘competent minister’’ in subsection 2(1) of this Act, paragraph (a) of the definition ‘‘competent minister’’ in subsection 2(1) of this Act is replaced by the following: (a) the Minister of Canadian Heritage with respect to individuals in or on federal lands that are administered by that Minister and that are national parks, national historic sites, national marine conservation areas or other protected heritage areas as those expressions are defined in subsection 2(1) of the Parks Canada Agency Act. Espèces e COMING INTO FORCE Order of Governor in Council 142. Except for section 141.1, the provisions of this Act come into force on a day or days to be fixed by order of the Governor in Council. C. 29 �� Species at Risk SCHEDULE 1 (Subsections 2(1), 42(2) and 68(2)) LIST OF WILDLIFE SPECIES AT RISK PART 1 EXTIRPATED SPECIES MAMMALS Bear, Grizzly (Ursus arctos) Prairie population Ours grizzli population des Prairies Ferret, Black-footed (Mustela nigripes) Putois d’Amérique Walrus, Atlantic (Odobenus rosmarus rosmarus) Northwest Atlantic population Morse de l’Atlantique population de l’Atlantique Nord-Ouest Whale, Grey (Eschrichtius robustus) Atlantic population Baleine grise de Californie population de l’Atlantique BIRDS Grouse, Sage (Centrocercus urophasianus phaios) British Columbia population Tétras des armoises population de la Colombie-Britannique Prairie-Chicken, Greater (Tympanuchus cupido) Tétras des prairies AMPHIBIANS Salamander, Tiger population (Ambystoma tigrinum) Great Lakes Salamandre tigrée population des Grands Lacs REPTILES Lizard, Pygmy Short-horned (Phrynosoma douglassii douglassii) British Columbia population Iguane pygmée à cornes Colombie-Britannique courtes population Rattlesnake, Timber (Crotalus horridus) Crotale des bois FISH Chub, Gravel (Erimystax x-punctatus) Gravelier Paddlefish (Polyodon spathula) Spatulaire MOLLUSCS Wedgemussel, Dwarf (Alasmidonta heterodon) Alasmidonte naine de la Espèces en péri LEPIDOPTERANS Blue, Karner (Lycaeides melissa samuelis) Mélissa bleu Elfin, Frosted (Callophrys irus, Incisalia irus) Lutin givré Marble, Island (Euchloe ausonides) Marbré insulaire PLANTS Mary, Spring Blue-eyed (Collinsia verna) Collinsie printanière Tick-trefoil, Illinois (Desmodium illinoense) Desmodie d’Illinois PART 2 ENDANGERED SPECIES MAMMALS Badger jacksoni subspecies, American (Taxidea taxus jacksoni) Blaireau d’Amérique, jacksoni Badger jeffersonii subspecies, American (Taxidea taxus jeffersonii) Blaireau d’Amérique, jeffersonii Caribou, Woodland (Rangifer tarandus caribou) Atlantic — Gaspésie population Caribou des bois population de la Gaspésie — Atlantique Fox, Swift (Vulpes velox) Renard véloce Marmot, Vancouver Island (Marmota vancouverensis) Marmotte de l’île Vancouver Marten, American (Martes americana atrata) Newfoundland population Martre d’Amérique population de Terre-Neuve Whale, Killer (Orcinus orca) Northeast Pacific southern resident population Épaulard population résidente du Sud du Pacifique Nord-Est BIRDS Chat, Western Yellow-breasted (Icteria virens auricollis) British Columbia population Paruline polyglotte de l’Ouest population de la ColombieBritannique Crane, Whooping (Grus americana) Grue blanche Curlew, Eskimo (Numenius borealis) Courlis esquimau Flycatcher, Acadian (Empidonax virescens) Moucherolle vert �� C. 29 Grouse, Sage (Centrocercus Prairie population Species at Risk urophasianus urophasianus) Tétras des armoises population des Prairies Owl, Barn (Tyto alba) Eastern population Effraie des clochers population de l’Est Owl, Burrowing (Speotyto cunicularia) Chevêche des terriers Owl, Northern Spotted (Strix occidentalis caurina) Chouette tachetée du Nord Plover, Mountain (Charadrius montanus) Pluvier montagnard Plover circumcinctus subspecies, Piping (Charadrius melodus circumcinctus) Pluvier siffleur, circumcinctus Plover melodus subspecies, Piping (Charadrius melodus melodus) Pluvier siffleur, melodus Rail, King (Rallus elegans) Râle élégant Shrike, Eastern Loggerhead (Lanius ludovicianus migrans) Pie-grièche migratrice de l’Est Sparrow, Henslow’s (Ammodramus henslowii) Bruant de Henslow Tern, Roseate (Sterna dougallii) Sterne de Dougall Thrasher, Sage (Oreoscoptes montanus) Moqueur des armoises Warbler, Kirtland’s (Dendroica kirtlandii) Paruline de Kirtland Warbler, Prothonotary (Protonotaria citrea) Paruline orangée Woodpecker, White-headed (Picoides albolarvatus) Pic à tête blanche AMPHIBIANS Frog, Northern Cricket (Acris crepitans) Rainette grillon Frog, Northern Leopard (Rana pipiens) Southern Mountain population Grenouille léopard population des montagnes du Sud Frog, Oregon Spotted (Rana pretiosa) Grenouille maculée de l’Oregon Frog, Rocky Mountain Tailed (Ascaphus montanus) Grenouille-à-queue des Rocheuses Salamander, Tiger (Ambystoma tigrinum) Southern Mountain population Salamandre tigrée population des montagnes du Sud Espèces en péri REPTILES Snake, Sharp-tailed (Contia tenuis) Couleuvre à queue fine Turtle, Leatherback (Dermochelys coriacea) Tortue luth Snake, Night (Hypsiglena torquata) Couleuvre nocturne FISH Dace, Nooksack (Rhinichthys sp.) Naseux de Nooksack Lamprey, Morrison Creek (Lampetra richardsoni) Lamproie du ruisseau Morrison Salmon, Atlantic (Salmo salar) Saumon d’Atlantique populations de l’intérieur de la baie de Fundy Stickleback, Benthic Paxton Lake (Gasterosteus sp.) Épinoche benthique du lac Paxton Stickleback, Benthic Vananda Creek (Gasterosteus sp.) Épinoche benthique du ruisseau Vananda Stickleback, Limnetic Paxton Lake (Gasterosteus sp.) Épinoche limnétique du lac Paxton Stickleback, Limnetic Vananda Creek (Gasterosteus sp.) Épinoche limnétique du ruisseau Vananda Trout, Aurora (Salvelinus fontinalis timagamiensis) Omble Aurora Whitefish, Atlantic (Coregonus huntsmani) Corégone de l’Atlantique MOLLUSCS Bean, Rayed (Villosa fabalis) Villeuse haricot Lampmussel, Wavy-rayed (Lampsilis fasciola) Lampsile fasciolée Mussel, Mudpuppy (Simpsonais ambigua) Mulette du Necturus Physa, Hotwater (Physella wrighti) Physe d’eau chaude Riffleshell, Northern (Epioblasma torulosa rangiana) Dysnomie ventrue jaune Snail, Banff Springs (Physella johnsoni) Physe des fontaines de Banff Snuffbox (Epioblasma triquetra) Epioblasme tricorn LEPIDOPTERANS Blue, Island (Plebejus saepiolus insulanus) Bleu insulaire �� C. 29 Species at Risk Checkerspot, Taylor’s (Euphydryas editha taylori) Damier de Taylor Ringlet, Maritime (Coenonympha tullia nipisiquit) Satyre fauve des Maritimes PLANTS Agalinis, Gattinger’s (Agalinis gattingeri) Gérardie de Gattinger Agalinis, Skinner’s (Agalinis skinneriana) Gérardie de Skinner Ammania, Scarlet (Ammannia robusta) Ammannie robuste Avens, Eastern Mountain (Geum peckii) Benoîte de Peck Balsamroot, Deltoid (Balsamorhiza deltoidea) Balsamorhize à feuilles deltoïdes Bluehearts (Buchnera americana) Buchnera d’Amérique Braya, Long’s (Braya longii) Braya de Long Bugbane, Tall (Cimicifuga elata) Cimicaire élevée Bulrush, Bashful (Trichophorum planifolium) Scirpe timide Bush-Clover, Slender (Lespedeza virginica) Lespédèze de Virginie Buttercup, Water-plantain alismaefolius) (Ranunculus alismaefolius Renoncule à feuilles d’alisme Cactus, Eastern Prickly Pear (Opuntia humifusa) Oponce de l’Est Coreopsis, Pink (Coreopsis rosea) Coréopsis rose Cryptanthe, Tiny (Cryptantha minima) Cryptanthe minuscule Fern, Southern Maidenhair (Adiantum capillus-veneris) Adiante cheveux-de-Vénus Gentian, White Prairie (Gentiana alba) Gentiane blanche Ginseng, American (Panax quinquefolium) Ginseng à cinq folioles Goldenrod, Showy (Solidago speciosa var. rigidiuscula) Verge d’or voyante var. Espèces en péri Lady’s-slipper, Small White (Cypripedium candidum) Cypripède blanc Lotus, Seaside Birds-foot (Lotus formosissimus) Lotier splendide Lousewort, Furbish’s (Pedicularis furbishiae) Pédiculaire de Furbish Lupine, Prairie (Lupinus lepidus var. lepidus) Lupin élégant Milkwort, Pink (Polygala incarnata) Polygale incarnat Mountain-Mint, Hoary (Pycnanthemum incanum) Pycnanthème gris Mulberry, Red (Morus rubra) Mûrier rouge Orchid, Western Prairie Fringed (Platanthera praeclara) Platanthère blanchâtre de l’Ouest Owl-Clover, Bearded (Triphysaria versicolor ssp. versicolor) Triphysaire versicolore Paintbrush, Golden (Castilleja levisecta) Castilléjie dorée Plantain, Heart-leaved (Plantago cordata) Plantain à feuilles cordées Pogonia, Large Whorled (Isotria verticillata) Isotrie verticillée Pogonia, Nodding (Triphora trianthophora) Triphore penché Pogonia, Small Whorled (Isotria medeoloides) Isotrie fausse-médéole Quillwort, Engelmann’s (Isoëtes engelmannii) Isoète d’Engelmann Sanicle, Bear’s-foot (Sanicula arctopoides) Sanicle patte-d’ours Sedge, False Hop (Carex lupuliformis) Carex faux-lupulina Sedge, Juniper (Carex juniperorum) Carex des Genévriers Spike-rush, Horsetail (Eleocharis equisetoides) Éléocharide fausse-prêle Sundew, Thread-leaved (Drosera filiformis) Droséra filiforme Thistle, Pitcher’s (Cirsium pitcheri) Chardon de Pitcher Toothcup (Rotala ramosior) �� C. 29 Species at Risk Rotala rameux Tree, Cucumber (Magnolia acuminata) Magnolia acuminé Trillium, Drooping (Trillium flexipes) Trille à pédoncule incliné Twayblade, Purple (Liparis liliifolia) Liparis à feuilles de lis Virginia Goat’s-rue (Tephrosia virginiana) Téphrosie de Virginie Willow, Barrens (Salix jejuna) Saule des landes Wintergreen, Spotted (Chimaphila maculata) Chimaphile maculé Wood-Poppy (Stylophorum diphyllum) Stylophore à deux feuilles Woodsia, Blunt-lobed (Woodsia obtusa) Woodsie obtuse Woolly-heads, Tall (Psilocarphus elatior) Pacific population Psilocarphe élevé population du Pacifique LICHENS Seaside Centipede (Heterodermia sitchensis) Hétérodermie maritime MOSSES Moss, Poor Pocket (Fissidens pauperculus) Fissident appauvri Moss, Rigid Apple (Bartramia stricta) Bartramie à feuilles dressées PART 3 THREATENED SPECIES MAMMALS Bat, Pallid (Antrozous pallidus) Chauve-souris blonde Bison, Wood (Bison bison athabascae) Bison des bois Caribou, Woodland (Rangifer tarandus caribou) Boreal population Caribou des bois population boréale Caribou, Woodland (Rangifer tarandus caribou) Southern Mountain population Caribou des bois population des montagnes du Sud Ermine haidarum subspecies (Mustela erminea haidarum) Hermine, haidarum Espèces en péri Otter, Sea (Enhydra lutris) Loutre de mer Shrew, Pacific Water (Sorex bendirii) Musaraigne de Bendire Whale, Killer (Orcinus orca) Northeast Pacific northern resident population Épaulard population résidente du Nord Pacifique Nord-Est Whale, Killer (Orcinus orca) Northeast Pacific transient population Épaulard population migratrice du Pacifique Nord-Est BIRDS Bittern, Least (Ixobrychus exilis) Petit Blongios Falcon, Anatum Peregrine (Falco peregrinus anatum) Faucon pèlerin, anatum Goshawk, Queen Charlotte (Accipiter gentilis laingi) Autour des palombes des îles de la Reine-Charlotte Gull, Ross’s (Rhodostethia rosea) Mouette rosée Murrelet, Marbled (Brachyramphus marmoratus) Guillemot marbré Pipit, Sprague’s (Anthus spragueii) Pipit de Sprague Warbler, Hooded (Wilsonia citrina) Paruline à capuchon AMPHIBIANS Great Basin Spadefoot (Spea intermontana) Crapaud du Grand Bassin Salamander, Allegheny ochrophaeus) Mountain Dusky (Desmognathus Salamandre sombre des montagnes Salamander, Jefferson (Ambystoma jeffersonianum) Salamandre de Jefferson Salamander, Pacific Giant (Dicamptodon tenebrosus) Grande salamandre Toad, Fowler’s (Bufo fowleri) Crapaud de Fowler REPTILES Gartersnake, Butler’s (Thamnophis butleri) Couleuvre à petite tête Snake, Black Rat (Elaphe obsoleta obsoleta) Couleuvre obscure Snake, Eastern Fox (Elaphe vulpina gloydi) Couleuvre fauve de l’Est �� C. 29 Species at Risk Snake, Eastern Hog-nosed (Heterodon platirhinos) Couleuvre à nez plat Snake, Queen (Regina septemvittata) Couleuvre royale FISH Chubsucker, Lake (Erimyzon sucetta) Sucet de lac Darter, Eastern Sand (Ammocrypta pellucida) Dard de sable Gar, Spotted (Lepisosteus oculatus) Lépisosté tacheté Lamprey, Cowichan Lake (Lampetra macrostoma) Lamproie du lac Cowichan Minnow, Western Silvery (Hybognathus argyritis) Méné d’argent de l’Ouest Sculpin, Cultus Pygmy (Cottus sp.) Chabot pygmé Sculpin, Shorthead (Cottus confusus) Chabot à tête courte Shiner, Rosyface (Notropis rubellus) Eastern population Tête rose population de l’Est Smelt, Lake Utopia Dwarf (Osmerus sp.) Éperlan nain du lac Utopia Wolffish, Northern (Anarhichas denticulatus) Loup à tête large Spotted Wolffish (Anarhichas minor) Loup tacheté MOLLUSCS Abalone, Northern (Haliotis kamtschatkana) Haliotide pie LEPIDOPTERANS Hairstreak, Behr’s (Columbia) (Satyrium behrii columbia) Porte-queue de Colombie-Britannique Skipper, Dun (Euphyes vestris) Western population Hespérie rurale population de l’Ouest PLANTS Aster, Anticosti (Symphyotrichum anticostense) Aster d’Anticosti Aster, Western Silver-leaved (Symphyotrichum sericeum) Aster soyeux Aster, White-top (Sericocarpus rigidus) Aster rigide Blue-Flag, Western (Iris missouriensis) Espèces en péri Iris du Missouri Braya, Fernald’s (Braya fernaldii) Braya de Fernald Buffalograss (Buchloë dactyloides) Buchloé faux-dactyle Coffee-tree, Kentucky (Gymnocladus dioicus) Chicot févier Colicroot (Aletris farinosa) Aletris farineux Corydalis, Scouler’s (Corydalis scouleri) Corydale de Scouler Deerberry (Vaccinium stamineum) Airelle à longues étamines Fern, Mexican Mosquito (Azolla mexicana) Azolle du Mexique Gentian, Plymouth (Sabatia kennedyana) Sabatie de Kennedy Golden Crest (Lophiola aurea) Lophiolie dorée Goldenseal (Hydrastis canadensis) Hydraste du Canada Greenbrier, Round-leaved (Smilax rotundifolia) Great Lakes Plains population Smilax à feuilles rondes population des plaines des Grands Lacs Lily, Lyall’s Mariposa (Calochortus lyallii) Calochorte de Lyall Mouse-ear-cress, Slender (Halimolobos virgata) Halimolobos mince Orchid, Phantom (Cephalanthera austiniae) Cephalanthère d’Austin Prairie-clover, Hairy (Dalea villosa var. villosa) Dalée velue Redroot (Lachnanthes caroliana) Lachnanthe de Caroline Sanicle, Purple (Sanicula bipinnatifida) Sanicle bipinnatifide Soapweed (Yucca glauca) Yucca glauque Spike-rush, Tubercled (Eleocharis tuberculosa) Éléocharide tuberculée Star, Dense Blazing (Liatris spicata) Liatris à épi Violet, Yellow Montane (Viola praemorsa ssp. praemorsa) �� C. 29 Species at Risk Violette jaune des monts Water-pennywort (Hydrocotyle umbellata) Hydrocotyle à ombelle Water-willow, American (Justicia americana) Carmantine d’Amérique MOSSES Moss, Haller’s Apple (Bartramia halleriana) Bartramie de Haller PART 4 SPECIAL CONCERN MAMMALS Beaver, Mountain (Aplodontia rufa) Castor de montagne Mole, Eastern (Scalopus aquaticus) Taupe à queue glabre Prairie Dog, Black-tailed (Cynomys ludovicianus) Chien de prairie Vole, Woodland (Microtus pinetorum) Campagnol sylvestre Whale, Killer (Orcinus orca) Northeast Pacific offshore population Épaulard population au large du Pacifique Nord-Est Wolf, Eastern (Canis lupus lycaon) Loup de l’Est BIRDS Chat, Eastern Yellow-breasted (Icteria virens virens) Paruline polyglotte de l’Est Duck, Harlequin (Histrionicus histrionicus) Eastern population Arlequin plongeur population de l’Est Falcon, Peale’s Peregrine (Falco peregrinus pealei) Faucon pèlerin, pealei Goldeneye, Barrow’s (Bucephala islandica) Eastern population Garrot d’Islande population de l’Est Gull, Ivory (Pagophila eburnea) Mouette blanche Owl, Barn (Tyto alba) Western population Effraie des clochers population de l’Ouest Owl, Flammulated (Otus flammeolus) Petit-duc nain Rail, Yellow (Coturnicops noveboracensis) Râle jaune 2002 Sparrow, ‘‘Ipswich’’ princeps) Espèces en péri Savannah (Passerculus sandwichensis Bruant des prés, princeps Woodpecker, Lewis’s (Melanerpes lewis) Pic de Lewis AMPHIBIANS Frog, Coast Tailed (Ascaphus truei) Grenouille-à-queue côtière Salamander, Coeur d’Alène (Plethodon idahoensis) Salamandre Coeur d’Alène FISH Chub, Silver (Macrhybopsis storeriana) Méné à grandes écailles Minnow, Pugnose (Opsopoeodus emiliae) Petit-bec Sculpin, Columbia Mottled (Cottus bairdi hubbsi) Chabot tacheté de Columbia Shiner, Bridle (Notropis bifrenatus) Méné d’herbe Sucker, Spotted (Minytrema melanops) Meunier tacheté Topminnow, Blackstripe (Fundulus notatus) Fondule rayé Warmouth (Lepomis gulosus) Crapet sac-à-lait Wolffish, Atlantic (Anarhichas lupus) Loup Atlantique MOLLUSCS Oyster, Olympia (Ostrea conchaphila) Huître plate du Pacifique LEPIDOPTERANS Admiral, Weidemeyer’s (Limenitis weidemeyerii) Amiral de Weidemeyer Monarch (Danaux plexippus) Monarque PLANTS Ash, Blue (Fraxinus quadrangulata) Frêne bleu Beggarticks, Vancouver Island (Bidens amplissima) Grand bident Fern, American Hart’s-tongue (Asplenium scolopendrium var. americanum) Scolopendre d’Amérique Fern, Coastal Wood (Dryopteris arguta) �� C. 29 Species at Risk Dryoptèride côtière Goldenrod, Riddell’s (Solidago riddellii) Verge d’or de Riddell Hairgrass, Mackenzie (Deschampsia mackenzieana) Deschampsie du bassin du Mackenzie Milk-vetch, Fernald’s (Astragalus robbinsii var. fernaldii) Astragale de Fernald Pepperbush, Sweet (Clethra alnifolia) Clèthre à feuilles d’aulne Tansy, Floccose (Tanacetum huronense var. floccosum) Tanaisie floconneuse Willow, Felt-leaf (Salix silicicola) Saule silicicole Willow, Sand-dune Short-capsuled (Salix brachycarpa var. psammophila) Saule psammophile Willow, Turnor’s (Salix turnorii) Saule de Turnor Woolly-heads, Tall (Psilocarphus elatior) Prairie population Psilocarphe élevé population des Prairies Yarrow, Large-headed megacephalum) Woolly Achillée à gros capitules (Achillea millefolium var. Espèces en péri SCHEDULE 2 (Section 130) PART 1 ENDANGERED SPECIES MAMMALS Caribou, Peary (Rangifer tarandus pearyi) Banks Island population Caribou de Peary population de l’île Banks Caribou, Peary (Rangifer tarandus pearyi) High Arctic population Caribou de Peary population du haut Arctique Whale, Beluga (Delphinapterus leucas) St. Lawrence River population Béluga population du fleuve St-Laurent Whale, Beluga (Delphinapterus leucas) Ungava Bay population Béluga population de la baie d’Ungava Whale, Beluga (Delphinapterus leucas) Southeast Baffin Island - Cumberland Sound population Béluga population du sud-est de l’île de Baffin et de la baie Cumberland Whale, Bowhead (Balaena mysticetus) Eastern Arctic population Baleine boréale population de l’Arctique de l’Est Whale, Bowhead (Balaena mysticetus) Western Arctic population Baleine boréale population de l’Arctique de l’Ouest Whale, Right (Eubalaena glacialis) Baleine noire Wolverine (Gulo gulo) Eastern population Carcajou population de l’Est BIRDS Bobwhite, Northern (Colinus virginianus) Colin de Virginie REPTILES Racer, Blue (Coluber constrictor foxii) Couleuvre agile bleue Snake, Lake Erie Water (Nerodia sipedon insularum) Couleuvre d’eau du lac Érié FISH Sucker, Salish (Catostomus sp.) Meunier de Salish �� C. 29 Species at Risk PART 2 THREATENED SPECIES MAMMALS Caribou, Peary (Rangifer tarandus pearyi) Low Arctic population Caribou de Peary population du bas Arctique Mole, Townsend’s (Scapanus townsendii) Taupe de Townsend Porpoise, Harbour (Phocoena phocoena) Northwest Atlantic population Marsouin commun population du Nord-Ouest de l’Atlantique Whale, Beluga (Delphinapterus leucas) Eastern Hudson Bay population Béluga population de l’est de la baie d’Hudson Whale, Humpback (Megaptera population novaeangliae) North Pacific Rorqual à bosse population du Pacifique Nord BIRDS Shrike, Prairie Loggerhead (Lanius ludovicianus excubitorides) Pie-grièche migratrice des Prairies REPTILES Rattlesnake, Eastern Massasauga (Sistrurus catenatus catenatus) Crotale Massasauga de l’Est Turtle, Blanding’s (Emydoidea blandingi) Nova Scotia population Tortue mouchetée population de la Nouvelle-Écosse Turtle, Spiny Softshell (Apalone spinifera) Tortue molle à épines FISH Cisco, Blackfin (Coregonus nigripinnis) Cisco à nageoires noires Cisco, Shortjaw (Coregonus zenithicus) Cisco à mâchoires égales Cisco, Shortnose (Coregonus reighardi) Cisco à museau court Darter, Channel (Percina copelandi) Fouille-roche gris Madtom, Margined (Noturus insignis) Chat-fou liséré Redhorse, Black (Moxostoma duquesnei) Chevalier noir Espèces en péri Redhorse, Copper (Moxostoma hubbsi) Chevalier cuivré Sculpin, Deepwater (Myoxocephalus thompsoni) Great Lakes population Chabot de profondeur des Grands Lacs population des Grands Lacs Sticklebacks, Enos Lake (Gasterosteus spp.) Épinoches du lac Enos Whitefish, Lake (Coregonus clupeaformis) Lake Simcoe population Grand corégone population du lac Simcoe PLANTS Aster, White Wood (Eurybia divaricatas) Aster divariqué Chestnut, American (Castanea dentata) Châtaignier d’Amérique Jacob’s Ladder, van Brunt’s (Polemonium van-bruntiae) Polémoine de van Brunt Lipocarpha, Small-flowered (Lipocarpha micrantha) Lipocarphe à petites fleurs Spiderwort, Western (Tradescantia occidentalis) Tradescantie de l’Ouest Verbena, Sand (Abronia micrantha) Abronie à petites fleurs Violet, Bird’s-foot (Viola pedata) Violette pédalée �� C. 29 Species at Risk SCHEDULE 3 (Section 130) SPECIAL CONCERN MAMMALS Bat, Fringed (Myotis thysanodes) Chauve-souris à queue frangée Bat, Keen’s Long-eared (Myotis keenii) Chauve-souris de Keen Bat, Spotted (Euderma maculatum) Oreillard maculé Bear, Grizzly (Ursus arctos) Ours grizzli Bear, Polar (Ursus maritimus) Ours polaire Cottontail, Nuttall’s (Sylvilagus nuttallii nuttallii) British Columbia population Lapin de Nuttall population de la Colombie-Britannique Fox, Grey (Urocyon cinereoargenteus) Renard gris Kangaroo Rat, Ord’s (Dipodomys ordii) Rat kangourou d’Ord Mouse, Western Harvest (Reithrodontomys megalotis megalotis) British Columbia population Souris des moissons population de la Colombie-Britannique Seal, Harbour (Phoca vitulina mellonae) Lacs des Loups Marins landlocked population Phoque commun population confinée aux lacs des Loups Marins Shrew, Gaspé (Sorex gaspensis) Musaraigne de Gaspé Squirrel, Southern Flying (Glaucomys volans) Petit polatouche Whale, Beluga (Delphinapterus leucas) Eastern High Arctic/ Baffin Bay population Béluga population de l’Est du haut Arctique et de la baie de Baffin Whale, Blue (Balaenoptera musculus) Rorqual bleu Whale, Fin (Balaenoptera physalus) Rorqual commun Whale, Humpback (Megaptera novaeangliae) Western North Atlantic population Rorqual à bosse population du Nord-Ouest de l’Atlantique Espèces en péri Whale, Northern Bottlenose (Hyperoodon ampullatus) Gully population Baleine à bec commune population du ravin océanique Whale, Sowerby’s Beaked (Mesoplodon bidens) Baleine à bec de Sowerby Wolverine (Gulo gulo) Western population Carcajou population de l’Ouest BIRDS Curlew, Long-billed (Numenius americanus) Courlis à long bec Falcon, Tundra Peregrine (Falco peregrinus tundrius) Faucon pèlerin, toundra Hawk, Ferruginous (Buteo regalis) Buse rouilleuse Hawk, Red-shouldered (Buteo lineatus) Buse à épaulettes Heron, Pacific Great Blue (Ardea herodias fannini) Grand héron population de la côte du Pacifique Murrelet, Ancient (Synthliboramphus antiquus) Guillemot à cou blanc Owl, Short-eared (Asio flammeus) Hibou des marais Thrush, Bicknell’s (Catharus bicknelli) Grive de Bicknell Warbler, Cerulean (Dendroica cerulea) Paruline azurée Waterthrush, Louisiana (Seiurus motacilla) Paruline hochequeue Woodpecker, Red-headed (Melanerpes erythrocephalus) Pic à tête rouge AMPHIBIANS Frog, Northern Leopard (Rana pipiens) Prairie population Grenouille léopard population des Prairies Frog, Northern Red-legged (Rana aurora) Grenouille du Nord à pattes rouges Salamander, Smallmouth (Ambystoma texanum) Salamandre à nez court Salamander, Spring (Gyrinophilus porphyriticus) Salamandre pourpre Toad, Great Plains (Bufo cognatus) Crapaud des steppes �� C. 29 Species at Risk REPTILES Lizard, Eastern Short-horned (Phrynosoma douglassii brevirostre) Phrynosome de Douglas de l’Est Racer, Eastern Yellow-bellied (Coluber constrictor flaviventris) Couleuvre agile à ventre jaune de l’Est Skink, Five-lined (Eumeces fasciatus) Scinque pentaligne Skink, Northern Prairie (Eumeces septentrionalis septentrionalis) Scinque des Prairies Turtle, Spotted (Clemmys guttata) Tortue ponctuée Turtle, Wood (Clemmys insculpta) Tortue des bois FISH Buffalo, Bigmouth (Ictiobus cyprinellus) Buffalo à grande bouche Buffalo, Black (Ictiobus niger) Buffalo noir Cisco, Spring (Coregonus sp.) Cisco de printemps Cod, Atlantic (Gadus morhua) Morue franche Dace, Redside (Clinostomus elongatus) Méné long Dace, Speckled (Rhinichthys osculus) Naseux moucheté Dace, Umatilla (Rhinichthys umatilla) Naseux d’Umatilla Darter, Greenside (Etheostoma blennioides) Dard vert Killifish, Banded (Fundulus diaphanus) Newfoundland population Fondule barré population de Terre-Neuve Kiyi (Coregonus kiyi) Kiyi Lamprey, Chestnut (Ichthyomyzon castaneus) Lamproie brune Lamprey, Northern Brook (Ichthyomyzon fossor) Lamproie du Nord Madtom, Northern (Noturus stigmosus) Chat-fou du Nord Espèces en péri Prickleback, Pighead (Acantholumpenus mackayi) Terrassier à six lignes Redhorse, River (Moxostoma carinatum) Chevalier de rivière Sardine, Pacific (Sardinops sagax) Sardine du Pacifique Sculpin, Fourhorn (Myoxocephalus form quadricornis) Freshwater Chaboisseau à quatre cornes forme d’eau douce Shiner, Bigmouth (Notropis dorsalis) Méné à grande bouche Shiner, Pugnose (Notropis anogenus) Méné camus Shiner, Silver (Notropis photogenis) Méné miroir Stickleback, Charlotte Unarmoured (Gasterosteus aculeatus) Épinoche lisse des îles de la Reine-Charlotte Stickleback, Giant (Gasterosteus sp.) Épinoche géante Sturgeon, Green (Acipenser medirostris) Esturgeon vert Sturgeon, Shortnose (Acipenser brevirostrum) Esturgeon à museau court Sturgeon, White (Acipenser transmontanus) Esturgeon blanc Sunfish, Orangespotted (Lepomis humilis) Crapet menu Sunfish, Redbreast (Lepomis auritus) Crapet rouge Whitefish, Squanga (Coregonus sp.) Corégone du Squanga Wolffish, Bering (Anarhichas orientalis) Loup de Bering PLANTS Aster, Bathurst (Symphyotrichum subulatum) Bathurst population Aster subulé population de Bathurst Aster, Crooked-stemmed (Symphyotrichum prenanthoides) Aster fausse-prenanthe Aster, Gulf of St. Lawrence (Symphyotrichum laurentianum) Aster du Golfe St-Laurent Aster, Willow (Symphyotrichum praealtum) Aster très élevé �� C. 29 Species at Risk Bartonia, Branched (Bartonia paniculata ssp. paniculata) Bartonie paniculé Bulrush, Long’s (Scirpus longii) Scirpe de Long Columbo, American (Frasera caroliniensis) Frasère de Caroline Fern, Broad Beech (Phegopteris hexagonoptera) Phégoptéride à hexagones Fleabane, Provancher’s (Erigeron philadelphicus ssp. provancheri) Vergerette de Provancher Gentian, Victorin’s (Gentianopsis victorinii) Gentiane de Victorin Goosefoot, Smooth (Chenopodium subglabrum) Chénopode glabre Green Dragon (Arisaema dracontium) Arisème dragon Hackberry, Dwarf (Celtis tenuifolia) Micocoulier rabougri Helleborine, Giant (Epipactis gigantea) Épipactis géant Hop-tree, Common (Ptelea trifoliata) Ptéléa trifolié Hyacinth, Wild (Camassia scilloides) Camassie faux-scille Indian-plantain, Tuberous (Arnoglossum plantagineum) Arnoglosse plantain Lilaeopsis (Lilaeopsis chinensis) Liléopsis de l’Est Locoweed, Hare-footed (Oxytropis lagopus) Oxytrope patte-de-lièvre Meadowfoam, Macoun’s (Limnanthes macounii) Limnanthe de Macoun Oak, Shumard (Quercus shumardii) Chêne de Shumard Orchid, Eastern Prairie Fringed (Platanthera leucophaea) Platanthère blanchâtre de l’Est Pondweed, Hill’s (Potamogeton hillii) Potamot de Hill Quillwort, Bolander’s (Isoëtes bolanderi) Isoète de Bolander Rose, Climbing Prairie (Rosa setigera) Rosier sétigère Espèces en péri Rose-mallow, Swamp (Hibiscus moscheutos) Ketmie des marais Rue-anemone, False (Enemion biternatum) Isopyre à feuilles biternées Rush, New Jersey (Juncus caesariensis) Jonc du New Jersey Thrift, Athabasca (Armeria maritima ssp. interior) Armeria de l’Athabasca Water-hemlock, Victorin’s (Cicuta maculata var. victorinii) Cicutaire de Victorin LICHENS Cryptic Paw (Nephroma occultum) Lichen cryptique Oldgrowth Specklebelly (Pseudocyphellaria rainierensis) Pseudocyphellie des forêts surannées Seaside Bone (Hypogymnia heterophylla) Hypogymnie maritime Published under authority of the Speaker of the House of Commons Available from: ������������� ����������������� ���������� ���������� Ottawa, Canada K1A 0S9 ��������� ����� ������������� ����������������� ���������� ����������� ������� ������� ��� ���

Second Session, Thirty-seventh Parliament, 51 Elizabeth II, 2002 STATUTES OF CANADA 2002 CHAPTER 28 An Act to protect human health and safety and the environment by regulating products used for the control of pests BILL C-8 ASSENTED TO 12th DECEMBER, 2002 RECOMMENDATION Her Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled ‘‘An Act to protect human health and safety and the environment by regulating products used for the control of pests’’. SUMMARY This enactment replaces the Pest Control Products Act. The enactment provides a pest control product registration regime that gives the Minister of Health the necessary powers to ensure that pest control products are registered only if their risks and value are determined by the Minister to be acceptable. The enactment provides further protection of health, safety and the environment by requiring that, after a product is registered, new information about risks and value be reported, by authorizing the special review and re-evaluation of registered pest control products and by giving inspectors power to take measures to prevent risks. In addition, the enactment provides for public participation in the regulatory process by requiring that the public be consulted before significant registration decisions are made and by providing the public with the right to request and participate in the reconsideration of decisions. It also gives the public access to certain information provided in relation to registered pest control products. ��� ������������� ������������ ��� ��������� �� ��� ������������� �������� ������������� �� ��� ��������� �������� ��������������������� TABLE OF PROVISIONS AN ACT TO PROTECT HUMAN HEALTH AND SAFETY AND THE ENVIRONMENT BY REGULATING PRODUCTS USED FOR THE CONTROL OF PESTS Preamble SHORT TITLE 1. Short title INTERPRETATION 2. Definitions HER MAJESTY 3. Binding on Her Majesty 4. Primary objective 4.1 Protection of future generations MANDATE ADVISORY COUNCIL 5. Establishment 6. Unregistered pest control products PROHIBITIONS REGISTRATION OF PEST CONTROL PRODUCTS Applications for Registration or Amendment 7. Application to Minister 8. Registration or amendment 9. Specification at time of registration decision 10. Specification for unregistered products and uses 11. Health risks to be considered acceptable Maximum Residue Limits Additional Information and Mandatory Reporting 12. Additional information 13. Mandatory reporting 14. Determination by Minister 15. Public availability Re-evaluation and Special Review 16. Minister’s discretion to initiate re-evaluation �� 17. Initiation of special review by Minister 18. Notice requesting information 19. Burden of persuasion and consideration of information 20. Cancellation or amendment 21. Confirmation Other Grounds for Cancellation or Amendment 22. Discontinuation of sale of product 23. Non-payment of fees, fines, etc. 24. Amendment with consent 25. Breach of conditions 26. Violation or offence 27. Implementation of international agreement Public Consultation 28. Minister to consult Offences 29. Failure to report information 30. False or misleading information 31. Non-compliance with conditions of registration 32. Punishment 33. Export control list 34. Amendment, suspension or cancellation EXPORT CONTROLS RECONSIDERATION OF DECISIONS 35. Notice of objection to registration decisions 36. No automatic suspension of decisions 37. Withdrawal of notice of objection 38. Report 39. Confirmation, reversal or variation of decision 40. False or misleading tests or information AUTHORIZATION TO USE UNREGISTERED PRODUCT 41. Authorization ACCESS TO INFORMATION 42. Register 42.1 Consultation with public 43. Confidential test data 44. Permitted disclosure ENFORCEMENT Inspectors and Analysts 45. Appointment �� 46. Obstruction of inspectors Voluntary Reports 47. Report of contravention Inspections 48. Powers of inspectors 49. Warrant required to enter dwelling-place 50. Assistance to inspectors Searches 51. When warrant not necessary Seizures 52. Inspector may seize Disposition of Things Seized 53. Storage and removal 54. Application of certain provisions of Criminal Code 55. Forfeiture on consent 56. Return of seized things Enforcement Measures 57. Inspector may require measures Disposal and Risk-control Measures 58. Disposal of samples 59. Inspectors may take measures to control risks 60. Request for review Review of Inspectors’ Requirements Court Orders 61. Application for court order DELIVERY OF DOCUMENTS 62. Method of delivery FEES, CHARGES AND COSTS 63. Recovery of fees 64. Charges and costs for inspections, etc. LIMITATION ON LIABILITY 65. Her Majesty not liable COMPENSATION FOR USE OF INFORMATION 66. Agreements to determine compensation REGULATIONS 67. Regulations — Governor in Council �� OFFENCES AND PUNISHMENT General 68. Contravention causing risk or harm 69. Contravention of regulations Related Provisions 70. Officers, etc., of corporations 71. Offence by employee or agent 72. Continuing offence 73. Limitation period 74. Venue 75. Analysis and examination 76. Suspended sentence 77. Orders of court 78. Additional fine 79. Publication of information about contraventions REPORT TO PARLIAMENT 80. Annual report 80.1 Permanent review of Act 81. Applications under repealed Act TRANSITIONAL PROVISIONS CONSEQUENTIAL AMENDMENTS 82. 83. Agriculture and Agri-Food Administrative Monetary Penalties Act Feeds Act 84. Fertilizers Act 85-86. Hazardous Products Act 87-88. Pesticide Residue Compensation Act REPEAL 89. Repeal of R.S., c. P-9 COMING INTO FORCE 90. Coming into force 51 ELIZABETH II CHAPTER 28 An Act to protect human health and safety and the environment by regulating products used for the control of pests [Assented to 12th December, 2002] Preamble WHEREAS the availability and use of pest control products pose potential risks, both directly and indirectly, to the health, safety and well-being of people in Canada and to the environment; WHEREAS pest management plays a significant role in diverse areas of the economy and other aspects of the quality of life throughout Canada; WHEREAS pest control products of acceptable risk and value can contribute significantly to the attainment of the goals of sustainable pest management; WHEREAS the goals of sustainable pest management are to meet society’s needs for human health protection, food and fibre production and resource utilization and to conserve or enhance natural resources and the quality of the environment for future generations, in an economically viable manner; WHEREAS Canada and the provinces and territories have traditionally administered complementary regulatory systems designed to protect people and the environment, including its biological diversity, from unacceptable risks posed by pest control products, and it is important that such an approach be continued in order to achieve mutually desired results efficiently, without regulatory conflict or duplication; WHEREAS it is in the national interest that the primary objective of the federal regulatory system be to prevent unacceptable risks to people and the environment from the use of pest control products, � C. 28 Pest Contro the attainment of the objectives of the federal regulatory system continue to be pursued through a scientifically-based national registration system that addresses risks to human health and the environment both before and after registration and applies to the regulation of pest control products throughout Canada, pest control products of acceptable risk be registered for use only if it is shown that their use would be efficacious and if conditions of registration can be established to prevent adverse health impact or pollution of the environment, in assessing risks to humans, consideration be given to aggregate exposure to pest control products, cumulative effects of pest control products and the different sensitivities to pest control products of major identifiable subgroups, including pregnant women, infants, children, women and seniors, pest control products be regulated in a manner that supports sustainable development, being development that meets the needs of the present without compromising the ability of future generations to meet their own needs, the federal regulatory system be designed to minimize health and environmental risks posed by pest control products and to encourage the development and implementation of innovative, sustainable pest management strategies, for example by facilitating access to pest control products that pose lower risks, and encouraging the development and use of alternative, nontoxic, ecological pest control approaches, strategies and products, applicable policies of the Government of Canada that are consistent with the objectives of this Act be duly reflected in decisions respecting the regulation of pest control products, there be cooperation among federal departments in the development of policies to pursue the attainment of the objectives of this Act, and that those policies take into Produits antip account advice from throughout the country, diverse sources the provinces and territories and those whose interests and concerns are affected by the federal regulatory system be accorded a reasonable opportunity to participate in the regulatory system in ways that are consistent with the attainment of its objectives, and the federal regulatory system be administered efficiently and effectively in accordance with the foregoing principles and objectives and in a manner that recognizes the various interests and concerns affected and, where consistent with the primary objective of the system, minimizes the negative impact on economic viability and competitiveness; AND WHEREAS Canada must be able to fulfil its international obligations in relation to pest management; NOW, THEREFORE, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: SHORT TITLE Short title 1. This Act may be cited as the Pest Control Products Act. INTERPRETATION Definitions 2. (1) The definitions in this subsection apply in this Act. ‘‘active ingredient’’ « principe actif » ‘‘active ingredient’’ means a component of a pest control product to which the intended effects of the product are attributed and in� C. 28 Pest Contro cludes a synergist but does not include a solvent, diluent, emulsifier or other component that is not primarily responsible for those effects. ‘‘advertise’’ « publicité » ‘‘advertise’’ includes making a representation by any means for the purpose of directly or indirectly promoting the distribution of a pest control product. ‘‘analyst’’ « analyste » ‘‘analyst’’ means a person who is appointed or designated as an analyst under section 45. ‘‘biological diversity’’ « diversité biologique » ‘‘biological diversity’’ means the variability among living organisms from all sources, including, without limiting the generality of the foregoing, terrestrial and marine and other aquatic ecosystems and the ecological complexes of which they form a part and includes the diversity within and between species and of ecosystems. ‘‘biotechnology’’ « biotechnologie » ‘‘biotechnology’’ means the application of science and engineering in the direct or indirect use of living organisms or parts or products of living organisms in their natural or modified forms. ‘‘conditions of registration’’ « conditions d’homologation » ‘‘conditions of registration’’ means (a) any conditions specified by the Minister under paragraph 8(1)(a) or subsection 8(2) or when amending the registration of a pest control product under this Act; and (b) any other requirements stated by this Act or the regulations to be conditions of registration. ‘‘confidential business information’’ « renseignements confidentiels commerciaux » ‘‘confidential business information’’ means information to which access may be refused under the Access to Information Act and that meets the requirements of subsection 43(4) or (5). ‘‘confidential test data’’ « données d’essai confidentielles » ‘‘confidential test data’’ means test data to which access may be refused under the Access to Information Act.’’ ‘‘distribute’’ « distribution » ‘‘distribute’’ means distribute in any way, whether or not for consideration, and in2002 Produits antip cludes sell, offer for sale or distribution, and expose, display or advertise for sale or distribution. ‘‘ecosystem’’ « écosystème » ‘‘ecosystem’’ means a dynamic complex of plant, animal and micro-organism communities and their non-living environment interacting as a functional unit. ‘‘environment’’ « environnement » ‘‘environment’’ means the components of the Earth and includes (a) air, land and water; (b) all layers of the atmosphere; (c) all organic and inorganic matter and living organisms; and (d) the interacting natural systems that include components referred to in paragraphs (a) to (c). ‘‘environmental risk’’ « risque environnemental » ‘‘environmental risk’’, in respect of a pest control product, means the possibility of harm to the environment, including its biological diversity, resulting from exposure to or use of the product, taking into account its conditions or proposed conditions of registration. ‘‘formulant’’ « formulant » ‘‘formulant’’ means any component of a pest control product that is added intentionally to the product and that is not an active ingredient. ‘‘government policy’’ « politique gouvernementale » ‘‘government policy’’ means the Toxic Substances Management Policy issued by the Government of Canada in June, 1995, as long as it remains in effect, and any other policies of the Government of Canada that are prescribed. ‘‘health risk’’ « risque sanitaire » ‘‘health risk’’, in respect of a pest control product, means the possibility of harm to human health resulting from exposure to or use of the product, taking into account its conditions or proposed conditions of registration. ‘‘inspector’’ « inspecteur » ‘‘inspector’’ means a person who is appointed or designated as an inspector under section 45. ‘‘label’’ « étiquette » ‘‘label’’, in respect of a pest control product, means anything that conveys information that is required by this Act or the regulations to accompany the product. � C. 28 Pest Contro ‘‘manufacture’’ « fabrication » ‘‘manufacture’’ includes produce, formulate, repackage and prepare for distribution or use. ‘‘Minister’’ « ministre » ‘‘package’’ « emballage » ‘‘Minister’’ means the Minister of Health. ‘‘penalty’’ « pénalité » ‘‘penalty’’ means an administrative monetary penalty imposed under the Agriculture and Agri-Food Administrative Monetary Penalties Act for a violation. ‘‘pest’’ « parasite » ‘‘pest’’ means an animal, a plant or other organism that is injurious, noxious or troublesome, whether directly or indirectly, and an injurious, noxious or troublesome condition or organic function of an animal, a plant or other organism. ‘‘pest control product’’ « produit antiparasitaire » ‘‘pest control product’’ means (a) a product, an organism or a substance, including a product, an organism or a substance derived through biotechnology, that consists of its active ingredient, formulants and contaminants, and that is manufactured, represented, distributed or used as a means for directly or indirectly controlling, destroying, attracting or repelling a pest or for mitigating or preventing its injurious, noxious or troublesome effects; ‘‘package’’ includes a container, wrapping, covering or holder in which a pest control product is wholly or partly contained, placed or packed, including the label and anything else that accompanies the product and conveys information about it. (b) an active ingredient that is used to manufacture anything described in paragraph (a); or (c) any other thing that is prescribed to be a pest control product. ‘‘place’’ « lieu » ‘‘prescribed’’ Version anglaise seulement ‘‘place’’ includes a means of transport. ‘‘Register’’ « Registre » ‘‘Register’’ means the Register of Pest Control Products established and maintained under section 42. ‘‘prescribed’’ means prescribed by regulation. Produits antip ‘‘registrant’’ « titulaire » ‘‘registrant’’ means a person in whose name a pest control product is registered. ‘‘test data’’ « données d’essai » ‘‘test data’’ means scientific or technical information respecting the health or environmental risks or the value of a pest control product. ‘‘threshold effect’’ « effet de seuil » ‘‘threshold effect’’, in respect of a pest control product, means a harmful effect on human health for which the Minister is able to identify a level at which the product will not cause that effect. ‘‘value’’ « valeur » ‘‘value’’, in respect of a pest control product, means the product’s actual or potential contribution to pest management, taking into account its conditions or proposed conditions of registration, and includes the product’s (a) efficacy; (b) effect on host organisms in connection with which it is intended to be used; and (c) health, safety and environmental benefits and social and economic impact. ‘‘violation’’ « violation » ‘‘violation’’ means a contravention of this Act or the regulations that may be proceeded with in accordance with the Agriculture and Agri-Food Administrative Monetary Penalties Act. ‘‘workplace’’ « lieu de travail » ‘‘workplace’’ means a place where a person works for remuneration. Acceptable risks (2) For the purposes of this Act, the health or environmental risks of a pest control product are acceptable if there is reasonable certainty that no harm to human health, future generations or the environment will result from exposure to or use of the product, taking into account its conditions or proposed conditions of registration. HER MAJESTY Binding on Her Majesty 3. This Act is binding on Her Majesty in right of Canada or a province. � C. 28 Pest Contro MANDATE Primary objective 4. (1) In the administration of this Act, the Minister’s primary objective is to prevent unacceptable risks to people and the environment from the use of pest control products. Ancillary objectives (2) Consistent with, and in furtherance of, the primary objective, the Minister shall (a) support sustainable development designed to enable the needs of the present to be met without compromising the ability of future generations to meet their own needs; (b) seek to minimize health and environmental risks posed by pest control products and encourage the development and implementation of innovative, sustainable pest management strategies by facilitating access to pest control products that pose lower risks and by other appropriate measures; (c) encourage public awareness in relation to pest control products by informing the public, facilitating public access to relevant information and public participation in the decision-making process; and (d) ensure that only those pest control products that are determined to be of acceptable value are approved for use in Canada. Protection of future generations 4.1 For greater certainty, protection and consideration afforded to children in this Act shall also extend to future generations. ADVISORY COUNCIL Establishment 5. (1) In carrying out duties under this Act, the Minister may establish an advisory council of persons whose interests and concerns are affected by this Act, and may specify the functions of the council and the means by which it is to perform those functions. Report to Minister (2) The advisory council shall give any report that it makes, including its recommendations and the reasons for them, to the Minister, who shall place it in the Register. Produits antip PROHIBITIONS Unregistered pest control products 6. (1) No person shall manufacture, possess, handle, store, transport, import, distribute or use a pest control product that is not registered under this Act, except as otherwise authorized under subsection 21(5) or 41(1), any of sections 53 to 59 or the regulations. Conditions of registration (2) No person shall manufacture, import, export or distribute a registered pest control product unless it conforms to the conditions of registration respecting its composition and the person complies with the other conditions of registration. Packaging of pest control products (3) No person shall store, import, export or distribute a pest control product that is not packaged in accordance with the regulations and the conditions of registration. Defence (4) A person shall not be found to have contravened subsection (3) if it is established that the person reasonably believed that the pest control product was packaged in accordance with the regulations and the conditions of registration. Misuse of pest control products (5) No person shall handle, store, transport, use or dispose of a pest control product in a way that is inconsistent with (a) the regulations; or (b) if the product is registered, the directions on the label recorded in the Register, subject to the regulations. Defence (6) A person shall not be found to have contravened subsection (5) if it is established that the person (a) reasonably believed that the directions on the label accompanying the pest control product complied with the regulations or, if the product is registered, with the directions on the label recorded in the Register; and (b) handled, stored, transported, used or disposed of the product in accordance with the directions on the label accompanying it. �� C. 28 Pest Contro Packaging and advertisement of pest control products (7) No person shall package or advertise a pest control product in a way that is false, misleading or likely to create an erroneous impression regarding its character, value, quantity, composition, safety or registration. Activities that endanger health, etc. (8) No person shall manufacture, possess, handle, store, transport, distribute, use or dispose of a pest control product in a way that endangers human health or safety or the environment. Offence and punishment (9) A person who contravenes any provision of this section is guilty of an offence and liable (a) on summary conviction, to a fine of not more than $200,000 or to imprisonment for a term of not more than six months, or to both; or (b) on conviction on indictment, to a fine of not more than $500,000 or to imprisonment for a term of not more than three years, or to both. REGISTRATION OF PEST CONTROL PRODUCTS Applications for Registration or Amendment Application to Minister 7. (1) An application to register a pest control product or to amend the product’s registration must be made to the Minister in the form and manner directed by the Minister and must include any information or other thing that is required by the regulations to accompany the application. Use of information provided by other registrants (2) If the Minister is satisfied that any information referred to in subsection (1) has been provided by a registrant of a pest control product, the active ingredient of which the Minister has determined to be equivalent to the active ingredient in the applicant’s product, the Minister shall, subject to and in accordance with the regulations made under paragraph 67(1)(h), permit the applicant to use or rely on that information. Produits antip Foreign review or evaluation (2.1) For the purposes of subsection (1), the applicant may include information that is available from a review or evaluation of a pest control product conducted by the government of another member country of the Organisation for Economic Co-operation and Development if the proposed use of the pest control product in Canada would be under conditions similar to those under which the foreign review or evaluation was conducted. Evaluation of pest control product (3) If the Minister is satisfied that the application has been made in accordance with subsection (1), (2) or (2.1), the Minister shall (a) in accordance with the regulations, if any, conduct any evaluations that the Minister considers necessary with respect to the health or environmental risks or the value of the pest control product; (b) expedite evaluations with respect to a pest control product that may reasonably be expected to pose lower health or environmental risks; and (c) carry out any consultation required by section 28. Other information (4) The Minister may, by delivering a notice in writing, request an applicant to provide the Minister with other information in support of the application within the time and in the form specified in the notice. Denial of application (5) The Minister shall deny an application if the applicant does not comply with a notice under subsection (4). Burden of persuasion and consideration of information (6) During an evaluation, (a) the applicant has the burden of persuading the Minister that the health and environmental risks and the value of the pest control product are acceptable; and (b) the Minister shall consider the information provided by the applicant in support of the application and may consider additional information, but the Minister shall give the applicant a reasonable opportunity to make representations in respect of the additional �� C. 28 Pest Contro information before completing the evaluation. Scientific approach (7) In evaluating the health and environmental risks of a pest control product and in determining whether those risks are acceptable, the Minister shall (a) apply a scientifically based approach; and (b) in relation to health risks, if a decision referred to in paragraph 28(1)(a) or (b) is being made or has been made in relation to a pest control product, (i) among other relevant factors, consider available information on aggregate exposure to the pest control product, namely dietary exposure and exposure from other non-occupational sources, including drinking water and use in and around homes and schools, and cumulative effects of the pest control product and other pest control products that have a common mechanism of toxicity, (ii) apply appropriate margins of safety to take into account, among other relevant factors, the use of animal experimentation data and the different sensitivities to pest control products of major identifiable subgroups, including pregnant women, infants, children, women and seniors, and (iii) in the case of a threshold effect, if the product is proposed for use in or around homes or schools, apply a margin of safety that is ten times greater than the margin of safety that would otherwise be applicable under subparagraph (ii) in respect of that threshold effect, to take into account potential pre- and post-natal toxicity and completeness of the data with respect to the exposure of, and toxicity to, infants and children unless, on the basis of reliable scientific data, the Minister has determined that a different margin of safety would be appropriate. Produits antip Government policy to be given effect in evaluation (8) In evaluating the health and environmental risks and the value of a pest control product, the Minister shall give effect to government policy. Comparative risk and value assessment (9) In determining whether the health and environmental risks and the value of a pest control product are acceptable, the Minister may, in accordance with the regulations, if any, take into account information regarding the risks and value of other pest control products that are registered for the same use. Representations (10) For the purposes of subsection (9), the Minister shall, before making the determination, give the applicant a reasonable opportunity to make representations in respect of the information referred to in that subsection. Registration or amendment 8. (1) If the Minister considers that the health and environmental risks and the value of the pest control product are acceptable after any required evaluations and consultations have been completed, the Minister shall register the product or amend its registration in accordance with the regulations, if any, by (a) specifying the conditions relating to its manufacture, handling, storage, transport, import, export, packaging, distribution, use or disposal, including conditions relating to its composition and, subject to subsection (2), its label; (b) assigning a registration number to the product in the case of a new registration and, where the Minister considers it appropriate, in the case of an amendment; and (c) specifying the period for which the registration or amended registration is valid, which period may be either finite or indefinite. Conditions relating to label (2) The Minister may specify conditions relating to the label of a pest control product, otherwise than in accordance with the regulations, if the Minister is satisfied that the purposes of this Act can be met by so doing. �� C. 28 Pest Contro Provision of safety information to workplaces (3) Without limiting the generality of paragraph (1)(a), the Minister shall specify, as a condition of registration, the requirement for product safety information, including a material safety data sheet for the product, to be provided to workplaces where the pest control product is used or manufactured, in accordance with the regulations made under paragraph 67(1)(s). Denial of application (4) The Minister shall deny an application referred to in subsection 7(1) if the Minister does not consider that the health or environmental risks of a pest control product are, or its value is, acceptable. Sales data (5) A registrant of a pest control product shall, as a condition of registration, record, retain and report to the Minister information on sales of the product in the form and manner directed by the Minister and in accordance with the regulations made under paragraph 67(1)(u). Former registrants (6) The obligation under subsection (5) to retain and report sales information in respect of a pest control product continues to apply to a former registrant after that product ceases to be registered. Maximum Residue Limits Specification at time of registration decision 9. When making a decision regarding the registration of a pest control product, the Minister shall, if necessary, specify any maximum residue limits for the product or for its components or derivatives that the Minister considers appropriate in the circumstances. Specification for unregistered products and uses 10. (1) The Minister may specify maximum residue limits for an unregistered pest control product or its components or derivatives, or for a registered pest control product or its components or derivatives with respect to a use that is not provided for by its registration, whether or not an application under subsection (2) is made for that purpose. Produits antip Application for specification (2) Any person may make an application to the Minister to specify maximum residue limits pursuant to subsection (1). Section 7, with any necessary modifications, applies to that application. Evaluation of health risks (3) When specifying maximum residue limits for a pest control product or its components or derivatives pursuant to subsection (1), the Minister shall evaluate only the health risks of the product or its components or derivatives. Health risks to be considered acceptable 11. (1) The health risks associated with maximum residue limits specified by the Minister under sections 9 and 10 must be considered to be acceptable by the Minister. Relevant factors (2) If a decision referred to in paragraph 28(1)(a) or (b) is being made or has been made in relation to a pest control product, the Minister shall, in evaluating and determining whether the health risks associated with maximum residue limits for that pest control product or its components or derivatives are acceptable under subsection (1), (a) among other relevant factors, consider available information on (i) aggregate exposure to the pest control product, namely dietary exposure and exposure from other non-occupational sources, including drinking water and use in and around homes and schools, (ii) cumulative effects of the pest control product and other pest control products that have a common mechanism of toxicity, and (iii) the different sensitivities to pest control products of major identifiable subgroups, including pregnant women, infants, children, women and seniors; and (b) in the case of a threshold effect, apply a margin of safety that is ten times greater than the margin of safety that would otherwise be applicable under subparagraph 7(7)(b)(ii) or 19(2)(b)(ii) in respect of that threshold effect, to take into account potential pre- and post-natal toxicity and �� C. 28 Pest Contro completeness of the data with respect to the exposure of, and toxicity to, infants and children, unless, on the basis of reliable scientific data, the Minister has determined that a different margin of safety would be appropriate. Additional Information and Mandatory Reporting Additional information 12. (1) The Minister may, by delivering a notice in writing, require a registrant (a) to compile information, conduct tests and monitor experience with the pest control product for the purpose of obtaining additional information with respect to its effects on human health and safety or the environment or with respect to its value; and (b) to report the additional information to the Minister within the time and in the form specified in the notice. Condition of registration (2) A requirement under subsection (1) is a condition of registration. Mandatory reporting 13. An applicant for registration of a pest control product, a person who makes an application under subsection 10(2) or a registrant shall report any prescribed information that relates to the health or environmental risks or the value of the pest control product to the Minister within the prescribed time and in the form and manner directed by the Minister. Determination by Minister 14. After considering any information reported under section 12 or 13, the Minister shall determine whether a special review of the registration of the pest control product should be initiated. Public availability 15. After considering any information reported under section 13, the Minister shall place his or her conclusions in the Register and shall make public those conclusions if, in the Minister’s opinion, (a) the pest control product poses a significant health or environmental risk; or (b) it is in the public interest to do so. Produits antip Re-evaluation and Special Review Minister’s discretion to initiate re-evaluation 16. (1) The Minister may initiate the re-evaluation of a registered pest control product if the Minister considers that, since the product was registered, there has been a change in the information required, or the procedures used, for the evaluation of the health or environmental risks or the value of pest control products of the same class or kind. Minister required to initiate re-evaluation (2) Without limiting the generality of subsection (1), (a) if a decision of a type referred to in paragraph 28(1)(a) or (b) was made in relation to a pest control product on or after April 1, 1995, the Minister shall initiate a re-evaluation of that product no later than one year after 15 years have elapsed since the most recent decision of that type; and (b) if the most recent decision of a type referred to in paragraph 28(1)(a) or (b) was made in relation to a pest control product before April 1, 1995, the Minister shall initiate a re-evaluation of that product no later than April 1, 2005 or the date that is one year after 15 years have elapsed since that decision, whichever date is later. Notice requesting information (3) Re-evaluation of a pest control product is initiated by the Minister delivering a notice in writing to the registrant explaining the reasons for initiating the re-evaluation and, if considered necessary by the Minister, requiring the registrant to provide information in the form and within the period specified in the notice. Request for information from departments and provinces (4) After the re-evaluation is initiated, the Minister shall deliver a notice to federal and provincial government departments and agencies whose interests and concerns are affected by the federal regulatory system requesting them to provide, in the form and within the period specified in the notice, information in respect of the health and environmental risks and the value of the product that is under re-evaluation. �� Provision of information when more than one registrant C. 28 Pest Contro (5) If there is more than one registrant whose registered pest control products have active ingredients that the Minister has determined to be equivalent, (a) two or more registrants may provide the information required under subsection (3) or paragraph 19(1)(a) jointly; and (b) where the Minister is satisfied that the information required under subsection (3) or paragraph 19(1)(a) has been provided by one or more registrants, the Minister shall, subject to and in accordance with the regulations made under paragraph 67(1)(h), permit another registrant to use or rely on that information to meet the requirements of those provisions. Evaluation of pest control product (6) After the re-evaluation is initiated, the Minister shall, in accordance with the regulations, if any, conduct any evaluations that the Minister considers necessary with respect to the health or environmental risks or the value of the pest control product and shall carry out the consultations required by section 28. Initiation of special review by Minister 17. (1) The Minister shall initiate a special review of the registration of a pest control product if the Minister has reasonable grounds to believe that the health or environmental risks of the product are, or its value is, unacceptable. Special review where OECD ban (2) Without limiting the generality of subsection (1), when a member country of the Organisation for Economic Co-operation and Development prohibits all uses of an active ingredient for health or environmental reasons, the Minister shall initiate a special review of registered pest control products containing that active ingredient. Special review where information from department or province (3) Without limiting the generality of subsection (1), the Minister shall initiate a special review of the registration of a pest control product if a federal or provincial government department or agency has provided information to the Minister that relates to the health or environmental risks or the value of the product and if, after considering the information provided, the Minister has reasonable grounds to believe that the health or environmental risks of the product are, or its value is, unacceptable. Produits antip Request for special review (4) Any person may request a special review of the registration of a pest control product by making a request to the Minister in the form and manner directed by the Minister. Decision (5) Within a reasonable time after receiving a request, the Minister shall decide whether to initiate a special review and shall respond to the request with written reasons for the decision. Notice requesting information 18. (1) A special review of a pest control product is initiated by the Minister delivering a notice in writing to the registrant explaining the reasons for initiating the special review and, if considered necessary by the Minister, requiring the registrant to provide information in the form and within the period specified in the notice. Request for information from departments and provinces (2) After the special review is initiated, the Minister shall deliver a notice to federal and provincial government departments and agencies whose interests and concerns are affected by the federal regulatory system requesting them to provide, in the form and within the period specified in the notice, information in respect of the health and environmental risks and the value of the product that is under special review. Provision of information when more than one registrant (3) If there is more than one registrant whose registered pest control products have active ingredients that the Minister has determined to be equivalent, (a) two or more registrants may provide the information required under subsection (1) or paragraph 19(1)(a) jointly; and (b) where the Minister is satisfied that the information required under subsection (1) or paragraph 19(1)(a) has been provided by one or more registrants, the Minister shall, subject to and in accordance with the regulations made under paragraph 67(1)(h), permit another registrant to use or rely on that information to meet the requirements of those provisions. Evaluation of pest control product (4) After the special review is initiated, the Minister shall, in accordance with the regulations, if any, evaluate the aspects of the pest control product that prompted the special review and shall carry out the consultations required by section 28. �� Burden of persuasion and consideration of information C. 28 Pest Contro 19. (1) During an evaluation that is done in the course of a re-evaluation or special review, (a) the Minister may, by delivering a notice in writing, require the registrant to provide, in the form and within the period specified in the notice, additional information that the Minister considers necessary for the evaluation; (b) the registrant has the burden of persuading the Minister that the health and environmental risks and the value of the pest control product are acceptable; and (c) the Minister shall consider the information provided by the registrant in support of the product and may consider any additional information, but the Minister shall give the registrant a reasonable opportunity to make representations in respect of the additional information before completing the evaluation. Scientific approach (2) In evaluating the health and environmental risks of a pest control product and in determining whether those risks are acceptable, the Minister shall (a) apply a scientifically based approach; and (b) in relation to health risks, (i) among other relevant factors, consider available information on aggregate exposure to the pest control product, namely dietary exposure and exposure from other non-occupational sources, including drinking water and use in and around homes and schools, and cumulative effects of the pest control product and other pest control products that have a common mechanism of toxicity, (ii) apply appropriate margins of safety to take into account, among other relevant factors, the use of animal experimentation data and the different sensitivities to pest control products of major identifiable subgroups, including pregnant women, infants, children, women and seniors, and Produits antip (iii) in the case of a threshold effect, if the product is used in or around homes or schools, apply a margin of safety that is ten times greater than the margin of safety that would otherwise be applicable under subparagraph (ii) in respect of that threshold effect, to take into account potential pre- and post-natal toxicity and completeness of the data with respect to the exposure of, and toxicity to, infants and children, unless, on the basis of reliable scientific data, the Minister has determined that a different margin of safety would be appropriate. Government policy to be given effect in evaluation (3) In evaluating the health and environmental risks and the value of a pest control product, the Minister shall give effect to government policy. Comparative risk and value assessment (4) In determining whether the health and environmental risks and the value of a pest control product are acceptable, the Minister may, in accordance with the regulations, if any, take into account information regarding the risks and value of other pest control products that are registered for the same use. Representations (5) For the purposes of subsection (4), the Minister shall, before making the determination, give any registrant whose product is under re-evaluation or special review a reasonable opportunity to make representations in respect of the information referred to in that subsection. Cancellation or amendment 20. (1) The Minister may cancel or amend the registration of a pest control product if (a) the registrant fails to satisfy a requirement under subsection 16(3) or 18(1) or paragraph 19(1)(a); or (b) in the course of a re-evaluation or special review, the Minister has reasonable grounds to believe that the cancellation or amendment is necessary to deal with a situation that endangers human health or safety or the environment, taking into �� C. 28 Pest Contro account the precautionary principle set out in subsection (2). Precautionary principle (2) Where there are threats of serious or irreversible damage, lack of full scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent adverse health impact or environmental degradation. Rescission of action (3) The Minister may rescind any action taken under subsection (1) if the circumstances that prompted it cease to exist. Refusal to consider applications (4) If the registration of a pest control product is cancelled or amended under paragraph (1)(a), the Minister may, for a prescribed period, refuse to consider any application made in respect of that product by the registrant. Confirmation 21. (1) If the Minister considers that the health and environmental risks and the value of a pest control product are acceptable after any required evaluations and consultations have been completed, the Minister shall confirm the registration. Amendment or cancellation (2) If the Minister does not consider that the health or environmental risks or value of a pest control product are acceptable, the Minister shall (a) amend the registration if the Minister considers that the health and environmental risks and value of the product would be acceptable after the amendment; or (b) cancel the registration. Delay of effective date (3) The Minister may delay the effective date of the amendment or cancellation if (a) no suitable alternative to the use of the pest control product is available; and (b) the Minister considers that the health and environmental risks and value of the product are acceptable until the effective date of the amendment or cancellation. Conditions on delay (4) A delay is subject to any conditions that the Minister considers necessary for carrying out the purposes of this Act. 2002 Continued possession, etc., of existing stocks Produits antip (5) When cancelling the registration of a pest control product under this section or any other provision of this Act, the Minister may (a) allow the continued possession, handling, storage, distribution and use of stocks of the product in Canada at the time of cancellation, subject to any conditions, including disposal procedures, that the Minister considers necessary for carrying out the purposes of this Act; (b) require the registrant to recall and dispose of the product in a manner specified by the Minister; or (c) seize and dispose of the product. Discontinuation of sale of product Reasons for discontinuation Cancellation or amendment of registration Non-payment of fees, fines, etc. Other Grounds for Cancellation or Amendment 22. (1) A registrant who intends to discontinue the sale of a pest control product for one or more uses for which it is registered shall notify the Minister of that intention in the form and manner directed by the Minister. (2) The Minister may deliver a notice in writing to the registrant requiring the registrant to explain the reasons for the discontinuation. (3) On receipt of notification under subsection (1), the Minister shall cancel or amend the registration, as the case may be, as of a date to be determined by the Minister and, pending that date, may impose any conditions that the Minister considers necessary for carrying out the purposes of this Act. 23. (1) If a registrant fails to pay a fee, fine, penalty, charge or cost that the registrant is liable to pay under or in relation to this Act, the Minister may (a) cancel or amend any registration in the registrant’s name; and Representations (b) refuse to consider any application made by the registrant under this Act. (2) Before taking any action under subsection (1) in relation to charges or costs, the Minister shall give the registrant a reasonable opportunity to make representations. �� C. 28 Pest Contro Notice (3) The Minister shall immediately give written notice to the registrant of any action taken under subsection (1) and of the reasons for the action. Amendment with consent 24. The Minister may, with the written consent of the registrant, amend the registration of a pest control product for the purpose of reducing its health or environmental risks or increasing its value. Breach of conditions 25. The Minister may cancel or amend the registration of a pest control product if the registrant does not comply with the conditions of registration. Violation or offence 26. If a person is found to have committed a violation or is convicted of an offence under this Act, the Minister may, having regard to the nature of the violation or offence and the circumstances surrounding its commission, (a) cancel or amend the registration of the pest control product that was involved in the violation or offence where the person who committed the violation or offence is the registrant; (b) cancel or amend the registration of any other pest control product in respect of which the person is the registrant; or (c) refuse to consider any application made under this Act by the person during any period that the Minister considers appropriate. Implementation of international agreement 27. The Governor in Council may, by order, cancel or amend the registration of a pest control product or a class of pest control products if the Governor in Council considers it necessary to do so to implement an international agreement. Minister to consult 28. (1) The Minister shall consult the public and federal and provincial government departments and agencies whose interests and concerns are affected by the federal regulatory system before making a decision Public Consultation (a) to grant or deny an application (i) to register a pest control product that is or contains an unregistered active ingredient, or Produits antip (ii) to register, or amend the registration of, a pest control product if the Minister considers that registration or amendment of the registration may result in significantly increased health or environmental risks; (b) about the registration of a pest control product on completion of a re-evaluation or special review; or (c) about any other matter if the Minister considers it in the public interest to do so. Public notice Consultation statement (2) To initiate a consultation under subsection (1), the Minister shall make public a consultation statement and shall invite any person to send written comments on the proposed decision within the period specified in the statement. (3) The consultation statement shall include (a) a summary of any reports of the evaluation of the health and environmental risks and the value of the pest control product prepared or considered by the Minister; (b) the proposed decision and the reasons for it; and (c) any other information that the Minister considers necessary in the public interest. Consideration of comments (4) The Minister shall consider any comments received pursuant to subsection (2) before making a decision. Decision statement (5) After making a decision, the Minister shall make public a decision statement that shall include the decision, the reasons for it and a summary of any comments that the Minister received on the proposed decision. Confidential test data (6) A consultation statement referred to in subsection (2) and a decision statement referred to in subsection (5) shall contain any confidential test data that the Minister considers to be in the public interest. �� C. 28 Pest Contro Offences Failure to report information 29. (1) Every person who does not comply with section 13 is guilty of an offence. Non-compliance with requirement (2) A registrant who does not comply with a requirement in a notice referred to in subsection 16(3) or 18(1), paragraph 19(1)(a) or subsection 22(2) is guilty of an offence. False or misleading information 30. (1) Every person is guilty of an offence if they knowingly provide the Minister with false or misleading information (a) about the health or environmental risks or the value of a pest control product; or (b) in response to a notice delivered under this Act. False or misleading tests (2) Every person is guilty of an offence if they falsely claim to have conducted a test relating to the health or environmental risks or the value of a pest control product, knowingly conduct such a test that is misleading or knowingly provide false or misleading information about such a test. Non-compliance with conditions of registration 31. (1) A registrant who does not comply with the conditions of registration is guilty of an offence. Non-compliance with other conditions and requirements (2) A person who does not comply with a condition imposed under subsection 21(4), paragraph 21(5)(a) or subsection 22(3) or with a requirement under paragraph 21(5)(b) is guilty of an offence. Punishment 32. Every person who commits an offence under any of sections 29 to 31 is liable (a) on summary conviction, to a fine of not more than $200,000 or to imprisonment for a term of not more than six months, or to both; or (b) on conviction on indictment, to a fine of not more than $500,000 or to imprisonment for a term of not more than three years, or to both. Produits antip EXPORT CONTROLS Export control list 33. (1) The Governor in Council may, by order, establish a Pest Control Products Export Control List consisting of pest control products that meet the prescribed criteria. Prohibition (2) No person shall export a pest control product that is on the Pest Control Products Export Control List, except as authorized under this Act. Application (3) An application for authorization to export a pest control product must be made to the Minister in the form and manner directed by the Minister. Authorization (4) The Minister may authorize an applicant to export a pest control product to a specified country if (a) the applicant satisfies the Minister that the prescribed requirements for the authorization are or will be met; and (b) the proposed export is not prohibited under any other Act of Parliament. Conditions (5) The authorization is subject to any conditions that the Minister considers necessary for carrying out the purposes of this Act. Public notice (6) The Minister shall give public notice of the authorization. Offence and punishment (7) Every person who contravenes subsection (2) or who knowingly provides false or misleading information in connection with an authorization is guilty of an offence and liable (a) on summary conviction, to a fine of not more than $200,000 or to imprisonment for a term of not more than six months, or to both; or (b) on conviction on indictment, to a fine of not more than $500,000 or to imprisonment for a term of not more than three years, or to both. Amendment, suspension or cancellation 34. (1) The Minister may amend, suspend or cancel an authorization to export a pest control product if the Minister (a) has reasonable grounds to believe that a prescribed requirement of the authorization is not or will not be met; �� C. 28 Pest Contro (b) has reasonable grounds to believe that the conditions to which the authorization is subject have not been or will not be met; or (c) becomes aware of additional information about the health or environmental risks of the pest control product. Representations (2) Before amending or cancelling an authorization or after suspending one, the Minister shall give the authorized person a reasonable opportunity to make representations. Decision (3) After considering any representations that may be made by the authorized person, the Minister shall reinstate, amend or cancel the authorization. Public notice (4) The Minister shall give public notice of the amendment or cancellation of an authorization. RECONSIDERATION OF DECISIONS Notice of objection to registration decisions 35. (1) Any person may file with the Minister, in the form and manner directed by the Minister, a notice of objection to a decision referred to in paragraph 28(1)(a) or (b) within 60 days after the decision statement referred to in subsection 28(5) is made public. Notice of objection to authorization decisions (2) Any person may file with the Minister, in the form and manner directed by the Minister, a notice of objection to a decision to authorize the export of a pest control product or to amend or cancel an authorization within 60 days after a notice referred to in subsection 33(6) or 34(4) is made public. Establishment of review panel (3) After receiving a notice of objection, the Minister may, in accordance with the regulations, if any, establish a panel of one or more persons to review the decision and to recommend whether the decision should be confirmed, reversed or varied. Produits antip Notice of review panel (4) The Minister shall give public notice of the establishment of a review panel. Reasons to be provided if panel not established (5) If the Minister does not establish a panel, the Minister shall provide written reasons without delay to the person who filed the notice of objection. Terms of reference and procedure (6) The Minister may determine the terms of reference of a review panel and the procedure for the review, and may at any time change them. Representations (7) A review panel shall give any person a reasonable opportunity to make representations in respect of the decision under review, in accordance with the terms of reference. Public access (8) Subject to subsections 44(3) and (6), the hearings of a review panel shall be open to the public. Information to be placed in Register (9) A review panel shall give the information submitted to it to the Minister, who shall place it in the Register. No automatic suspension of decisions 36. The filing of a notice of objection or the establishment of a review panel does not suspend the decision under review, but the Minister may suspend the decision until a final decision is made on completion of the review or until the review panel is dissolved. Withdrawal of notice of objection 37. The Minister may dissolve a review panel if all notices of objection are withdrawn by the persons who filed them. Report 38. (1) As soon as possible after the conclusion of a review, the review panel shall submit to the Minister a report stating its recommendations and the reasons for them. Register (2) The Minister shall place the review panel’s report in the Register. Confirmation, reversal or variation of decision 39. (1) After considering the recommendations of a review panel, the Minister shall confirm, reverse or vary the decision under review, but the confirmation, reversal or variation must not result in the registration, either initial or continued, of a pest control product unless the Minister considers that its health and environmental risks and its value are acceptable. �� C. 28 Pest Contro Public notice of decision (2) The Minister shall make public the confirmation, reversal or variation of the decision, the reasons for confirmation, reversal or variation and a summary of the information considered by the Minister, including any confidential test data that the Minister considers to be in the public interest. False or misleading tests or information 40. (1) Every person is guilty of an offence if they (a) knowingly provide a review panel with false or misleading information about the health or environmental risks or the value of a pest control product; or (b) falsely claim to have conducted a test relating to the health or environmental risks or value of a pest control product, knowingly conduct such a test that is misleading or knowingly provide false or misleading information about such a test. Punishment (2) Every person who commits an offence under subsection (1) is liable (a) on summary conviction, to a fine of not more than $200,000 or to imprisonment for a term of not more than six months, or to both; or (b) on conviction on indictment, to a fine of not more than $500,000 or to imprisonment for a term of not more than three years, or to both. AUTHORIZATION TO USE UNREGISTERED PRODUCT Authorization 41. (1) The Minister may, in accordance with the regulations and subject to any conditions that the Minister may specify, authorize a person to use an unregistered pest control product for a specified purpose. Conditions (2) The Minister shall authorize the use of a pest control product if the Minister considers that use of the product for the specified purpose in accordance with any conditions specified does not pose unacceptable health or environmental risks. Produits antip Suspension (3) The Minister shall suspend an authorization if the Minister has reasonable grounds to believe that the conditions to which the authorization is subject have not been or will not be met or that the continuance of the authorization poses unacceptable health or environmental risks. Representations (4) After suspending an authorization, the Minister shall give the authorized person a reasonable opportunity to make representations. Decision (5) After considering any representations that may be made by the authorized person, the Minister shall reinstate, amend or cancel the authorization. Offence and punishment (6) Every person who fails to comply with the conditions of an authorization issued under this section is guilty of an offence and liable (a) on summary conviction, to a fine of not more than $200,000 or to imprisonment for a term of not more than six months, or to both; or (b) on conviction on indictment, to a fine of not more than $500,000 or to imprisonment for a term of not more than three years, or to both. ACCESS TO INFORMATION Register 42. (1) The Minister shall establish and maintain a Register of Pest Control Products in accordance with the regulations, if any, that contains information about pest control products, including information about applications, registrations, re-evaluations and special reviews. Contents of Register (2) The Register shall contain the following information: (a) for each application to register or amend the registration of a pest control product, (i) the active ingredient of the product, proposed new uses for it or any uses proposed to be withdrawn, and (ii) how the application was disposed of or whether it was withdrawn; (b) the conditions of registration, registration number and registration validity period for each registered pest control product; �� C. 28 Pest Contro (c) information, in respect of each registered pest control product, that is provided by applicants and registrants (i) in support of an application for registration or for the amendment of a registration, or (ii) for the purposes of a re-evaluation or special review; (d) information provided by applicants and registrants that is used to specify maximum residue limits; (e) information, in respect of each registered pest control product, that is considered by the Minister under paragraphs 7(6)(b) and 19(1)(c); (f) any reports of the evaluation of the health and environmental risks and the value of registered pest control products prepared by the Minister; (g) any advice from a person or body referred to in paragraph 44(1)(f), unless disclosure of the advice may be refused under section 23 of the Access to Information Act; (h) the status, including cancelled status, of all registrations to which this Act applies; (i) information provided to the Minister pursuant to subsection 8(5); (j) notices delivered under subsections 12(1), 16(3) and 18(1) and paragraph 19(1)(a); (k) conclusions of the Minister that were made public under section 15; (l) consultation statements and decision statements made public under subsections 28(2) and (5), respectively; (m) notices of objection filed under subsections 35(1) and (2), public notices given under subsection 35(4) and the Minister’s decisions and reasons under subsections 35(5) and 39(2); (n) authorizations under sections 33 and 41 and amendments and cancellations under sections 34 and 41; and Produits antip (o) any other information required by this Act or the regulations to be included in the Register. Evaluation reports (3) An evaluation report referred to in paragraph (2)(f) shall contain a summary of the information considered and shall contain any confidential test data and confidential business information that the Minister considers appropriate. Public access to information in the Register (4) The Minister shall allow the public to have access to, and copies of, any information in the Register that (a) is not confidential test data or confidential business information; or (b) is confidential test data that has been made subject to public disclosure in accordance with the regulations made under paragraph 67(1)(m). Access to evaluation reports (5) The Minister shall allow the public to obtain a copy of any evaluation report in the Register, except for any confidential business information that it contains. Means of access to information in Register (6) Information in the Register that the public may obtain a copy of under this Act or the regulations shall be made available to the public in as convenient a manner as practicable. Electronic public registry (7) The Minister shall establish an electronic public registry, which shall include (a) the information referred to in subsection (6), as soon as reasonably practicable; (b) memoranda of understanding among federal government departments relating to the regulation of pest control products; (c) reports of international harmonization activities relating to the regulation of pest control products; (d) regulations and proposed regulations under this Act when published in the Canada Gazette; and (e) policies, guidelines and codes of practice relating to the regulation of pest control products when proposed for public con�� C. 28 Pest Contro sultation, and adopted. their final texts when Consultation with public 42.1 The public shall be consulted as to policies, guidelines and codes of practice relating to the regulation of pest control products. Confidential test data 43. (1) A person who wishes to inspect confidential test data in the Register must submit to the Minister (a) an application in the form and manner directed by the Minister; and (b) an affidavit made under oath or a statutory declaration under the Canada Evidence Act made before a commissioner for oaths or for taking affidavits, stating (i) the purpose of the inspection, and (ii) that the person does not intend to use the test data, or make the test data available to others, in order to register a pest control product in Canada or elsewhere or to amend a registration. Right to inspection (2) The Minister shall permit the person to inspect confidential test data in the Register if the Minister is satisfied that the person does not intend to (a) use the test data in order to register a pest control product in Canada or elsewhere, or to amend a registration; or (b) make the test data available to others for the purpose of registering a pest control product in Canada or elsewhere, or of amending a registration. Notice to registrant (2.1) If the Minister permits a person to inspect confidential test data in the Register, the Minister shall make a reasonable effort to immediately notify any registrant who provided the data that the Minister has permitted a person to inspect the data. Denial of application (3) The Minister shall deny an application if the Minister is satisfied that (a) the applicant intends to use the test data for a purpose referred to in subsection (2); or Produits antip (b) the applicant has used test data obtained from a prior inspection for a purpose referred to in subsection (2). Confidential business information (4) Subject to subsections (5) and (6), confidential business information is information provided under this Act that is designated as confidential business information by the person who provided it, or information provided under the Pest Control Products Act, chapter P-9 of the Revised Statutes of Canada, 1985, and that concerns (a) manufacturing or quality control processes relating to a pest control product; (b) methods for determining the composition of a pest control product; or (c) the monetary value of sales of pest control products provided to the Minister pursuant to subsection 8(5) and other financial or commercial information provided to the Minister pursuant to this Act or the regulations. Formulants and contaminants (5) Unless otherwise excluded by the regulations, if any, made under paragraph 67(1)(n), confidential business information also includes information that (a) is provided under this Act and is designated as confidential business information by the person who provided it or was provided under the Pest Control Products Act, chapter P-9 of the Revised Statutes of Canada, 1985; and (b) contains the identity and concentration of the formulants and contaminants in a pest control product, other than those that the Minister considers to be of health or environmental concern and are identified on a list to be established and maintained by the Minister and made available to the public. Designation not satisfactory (6) If the Minister decides that information designated under subsection (4) or (5) does not meet the requirements of that subsection, the information is not confidential business information for the purposes of this Act. �� Notice Interpretation C. 28 Pest Contro (7) If the Minister decides that designated information is not confidential business information, the Minister shall give written notice to the person who provided the information of the decision and the reasons for it. (8) Nothing in this Act shall be construed as (a) preventing the Minister from refusing to disclose confidential test data or confidential business information under the Access to Information Act; or (b) entitling a person to make or obtain a copy of confidential test data, other than confidential test data to which the public has access (i) in documents referred to in subsections 28(6), 39(2) and 42(3), or (ii) under the authority of the regulations made under paragraph 67(1)(m). Offence and punishment (9) Every person who makes a false statement in an affidavit or a statutory declaration referred to in subsection (1) is guilty of an offence and liable (a) on summary conviction, to a fine of not more than $200,000 or to imprisonment for a term of not more than six months, or to both; or (b) on conviction on indictment, to a fine of not more than $500,000 or to imprisonment for a term of not more than three years, or to both. Permitted disclosure 44. (1) The Minister may, in accordance with the regulations, if any, disclose confidential test data or confidential business information that has been provided under this Act or is in the Register to (a) any person who provides services to Her Majesty in right of Canada for the purpose of protecting human health or safety or the environment; (b) an international organization or the government of a province or a country that is a party to an agreement with Her Majesty in right of Canada or an agent of Her Produits antip Majesty, relating to the exchange of information about pest control products; (c) a medical professional who requests the information for the purpose of making a medical diagnosis or giving medical treatment to a person; (d) a department or an agency of the federal or a provincial government that requests the information in order to respond to a situation that endangers human health or safety or the environment; (e) a review panel established by the Minister under subsection 35(3); or (f) any other person or body, including an advisory council established under subsection 5(1), from whom the Minister requests advice for the purposes of this Act. Protection of disclosed information (2) Before disclosing information under paragraph (1)(b), the Minister must be satisfied that the party to the agreement, other than Her Majesty in right of Canada or an agent of Her Majesty, can provide protection from unfair commercial use or disclosure of the information that is consistent with the protection provided under this Act. Prohibition against disclosure (3) No person shall disclose information obtained under subsection (1) unless authorized by the person who provided the information to the Minister or unless authorized under the Access to Information Act, this Act or the regulations. Prohibition against use (4) No person shall use information obtained under subsection (1) for any purpose other than the purpose for which it was obtained, unless authorized by the person who provided the information to the Minister. Offence and punishment (5) Every person who contravenes subsection (3) or (4) is guilty of an offence and liable (a) on summary conviction, to a fine of not more than $200,000 or to imprisonment for a term of not more than six months, or to both; or �� C. 28 Pest Contro (b) on conviction on indictment, to a fine of not more than $500,000 or to imprisonment for a term of not more than three years, or to both. Security measures (6) Every person who obtains information under subsection (1) shall comply with any prescribed security measures and take all reasonable precautions to avoid any prohibited disclosure of the information. Offence and punishment (7) Every person who contravenes subsection (6) is guilty of an offence and liable (a) on summary conviction, to a fine of not more than $200,000 or to imprisonment for a term of not more than six months, or to both; or (b) on conviction on indictment, to a fine of not more than $500,000 or to imprisonment for a term of not more than three years, or to both. ENFORCEMENT Inspectors and Analysts Appointment 45. (1) Subject to subsection (2), inspectors and analysts shall be appointed for the purposes of this Act and the regulations in accordance with the Public Service Employment Act. Designation of inspectors and analysts (2) For the purposes of this Act, the Minister may designate qualified persons, either individually or as a class, to act as inspectors or analysts in relation to any matter referred to in the designation, but (a) no person who is employed in a department other than the Department of Health may be designated without the approval of the minister responsible for the department in which the person is employed; and (b) no person who is employed by the government of a province may be designated without the approval of that government. Produits antip Inspector’s certificate of designation (3) An inspector shall be provided with a certificate in a form established by the Minister certifying the inspector’s designation and, on entering any place under the authority of this Act, the inspector shall show the certificate to the person in charge of the place if the person requests proof of the designation. Obstruction of inspectors 46. (1) No person shall resist or wilfully obstruct an inspector or make a false or misleading statement either orally or in writing to an inspector who is carrying out duties or functions under this Act. Inspection of records (2) A person who is required by this Act or the regulations to keep records shall make them available to an inspector on request. Offence and punishment (3) Every person who contravenes this section is guilty of an offence and liable (a) on summary conviction, to a fine of not more than $200,000 or to imprisonment for a term of not more than six months, or to both; or (b) on conviction on indictment, to a fine of not more than $500,000 or to imprisonment for a term of not more than three years, or to both. Voluntary Reports Report of contravention 47. (1) A person who knows about a contravention of this Act or the regulations, or the reasonable likelihood of such a contravention, may report any information relating to the contravention to an inspector. Confidentiality (2) When making a report, the person may request that their identity and any information that could reasonably reveal their identity not be disclosed, and no person shall disclose or permit the disclosure of that identity or information unless the person who made the request authorizes the disclosure in writing. Protection of person (3) Despite any other Act of Parliament, no person shall dismiss, suspend, demote, discipline, deny a benefit of employment to, harass or otherwise disadvantage a person for having (a) made a report under subsection (1); �� C. 28 Pest Contro (b) refused or stated an intention of refusing to do anything that the person reasonably believed was or would be a contravention under this Act; or (c) done or stated an intention of doing anything that the person reasonably believed was required by or under this Act. Offence and punishment (4) Every person who contravenes subsection (2) or (3) is guilty of an offence and liable (a) on summary conviction, to a fine of not more than $200,000 or to imprisonment for a term of not more than six months, or to both; or (b) on conviction on indictment, to a fine of not more than $500,000 or to imprisonment for a term of not more than three years, or to both. Inspections Powers of inspectors 48. (1) For the purpose of ensuring compliance with this Act and the regulations, an inspector may (a) subject to section 49, at any reasonable time, enter and inspect any place, or stop any means of transport, in which the inspector believes on reasonable grounds there is a pest control product or other thing to which this Act or the regulations apply; (b) open and examine any receptacle, package or other thing that the inspector believes on reasonable grounds contains a pest control product or other thing to which this Act or the regulations apply and take samples from it; (c) require any person to present any pest control product or other thing for inspection in any manner and under any conditions that the inspector considers necessary to conduct an inspection; (d) require any person to produce for inspection or copying, in whole or in part, any record or other document that the inspector believes on reasonable grounds Produits antip contains information relevant to the administration of this Act or the regulations; and (e) conduct any tests or analyses or take any measurements. Operation of data processing systems and copying equipment (2) In conducting an inspection at a place, an inspector may (a) use or cause to be used any data processing system at the place to examine any data contained in or available to the system; (b) reproduce any record or cause it to be reproduced from the data in the form of a print-out or other intelligible output and take the print-out or other output for examination or copying; and (c) use or cause to be used any copying equipment at the place to make copies of any record or other document. Warrant required to enter dwelling-place 49. (1) An inspector may not enter a dwelling-place except with the consent of its occupant or under the authority of a warrant. Authority to issue warrant (2) If on ex parte application a justice is satisfied by information on oath that (a) the conditions for entry described in section 48 exist in relation to a dwellingplace, (b) entry to the dwelling-place is necessary for a purpose relating to the administration of this Act or the regulations, and (c) entry to the dwelling-place has been refused or there are reasonable grounds to believe that entry will be refused, the justice may at any time sign and issue a warrant authorizing the inspector named in it to enter and inspect the dwelling-place, subject to any conditions that may be specified in the warrant. Use of force (3) An inspector who executes a warrant shall not use force unless he or she is accompanied by a peace officer and the use of force is specifically authorized in the warrant. �� Assistance to inspectors C. 28 Pest Contro 50. (1) The owner or the person in charge of a place entered by an inspector under section 48 or 49 or under a warrant issued under section 487 of the Criminal Code and any person found in the place shall (a) give the inspector all reasonable assistance in their power to enable the inspector to perform duties and functions under this Act or the regulations; and Offence and punishment (b) provide the inspector with any information relevant to the administration of this Act or the regulations that the inspector may reasonably require. (2) Every person who contravenes subsection (1) is guilty of an offence and liable (a) on summary conviction, to a fine of not more than $200,000 or to imprisonment for a term of not more than six months, or to both; or (b) on conviction on indictment, to a fine of not more than $500,000 or to imprisonment for a term of not more than three years, or to both. When warrant not necessary Additional powers during search Inspector may seize Searches 51. (1) For the purpose of ensuring compliance with this Act and the regulations, an inspector may exercise the powers of search and seizure provided for in section 487 of the Criminal Code without a warrant if the conditions for obtaining a warrant exist but, by reason of exigent circumstances, it would not be practical to obtain one. (2) In conducting a search under subsection (1) or under section 487 of the Criminal Code, an inspector may exercise the powers described in section 48. Seizures 52. (1) An inspector conducting an inspection under section 48, 49 or 51 may seize and detain any pest control product or other thing if he or she has reasonable grounds to believe that (a) it was involved in a contravention of this Act or the regulations; or Produits antip (b) it will afford evidence in respect of a contravention of this Act or the regulations. Communicate reasons (2) After seizing a pest control product or other thing, the inspector shall, as soon as practicable, take any measures that are necessary in the circumstances to advise the owner or the person in whose possession, care or control the product was at the time of the seizure, or the owner or person responsible for the place where it was seized, of the reason for the seizure and the place where the product is being stored. Disposition of Things Seized Storage and removal 53. (1) An inspector or any person designated by an inspector may (a) store a seized pest control product or other thing at the place where it was seized or remove it to another place for storage; or (b) require the owner of the product or other thing or the person in whose possession, care or control the product was at the time of the seizure, or the owner or person responsible for the place where it was seized, to remove the product to any other place for storage. Notice (2) A requirement under paragraph (1)(b) shall be communicated by delivering a written notice to the owner or person and the notice (a) must include a statement of the reasons for the requirement; and (b) may specify the period within which and the manner in which the pest control product or other thing is to be removed and stored. Offence and punishment (3) Every person who fails to comply with a requirement in a notice delivered under subsection (2) is guilty of an offence and liable (a) on summary conviction, to a fine of not more than $200,000 or to imprisonment for a term of not more than six months, or to both; or (b) on conviction on indictment, to a fine of not more than $500,000 or to imprisonment for a term of not more than three years, or to both. �� C. 28 Pest Contro Interference with seized things (4) Except as authorized in writing by an inspector, no person shall remove, alter or interfere in any way with a pest control product or other thing seized and detained by an inspector under this Act. Offence and punishment (5) Every person who contravenes subsection (4) is guilty of an offence and liable (a) on summary conviction, to a fine of not more than $200,000 or to imprisonment for a term of not more than six months, or to both; or (b) on conviction on indictment, to a fine of not more than $500,000 or to imprisonment for a term of not more than three years, or to both. Application of certain provisions of Criminal Code 54. Subsections 489.1(2) and (3) and section 490 of the Criminal Code apply in respect of a pest control product or other thing seized by an inspector, except that (a) the references in subsection 490(1) of that Act to ‘‘the prosecutor’’ shall be read as references to ‘‘the prosecutor or inspector’’; (b) the reference in subsection 490(2) of that Act to ‘‘a period of not more than three months’’ shall be read as a reference to ‘‘a period of not more than six months’’; (c) the references in section 490 of that Act to ‘‘proceedings’’ shall be read as references to ‘‘proceedings or proceedings in respect of violations’’; and (d) if proceedings relating to the seized thing are commenced in respect of a violation, the justice before whom the thing was brought or to whom its seizure was reported shall forward the seized thing to the Minister to be detained and disposed of under section 22 of the Agriculture and Agri-Food Administrative Monetary Penalties Act or under subsection 55(3) of this Act. Forfeiture on consent 55. (1) At the election of Her Majesty in right of Canada, a pest control product or other thing seized by an inspector is forfeited to Her Majesty in right of Canada if the owner consents in writing to its forfeiture. Produits antip Forfeiture by court order (2) If the Review Tribunal, continued by subsection 4.1(1) of the Canada Agricultural Products Act, decides that a person has committed a violation, or if an offender is convicted of an offence under this Act, the Tribunal or the court, as the case may be, may, in addition to imposing a penalty or punishment, order that a pest control product or other thing that was involved in the violation or offence be forfeited to Her Majesty in right of Canada, unless the product or thing has been returned to its owner or another person. Directions of Minister (3) A pest control product or other thing that is forfeited under this section shall be disposed of as the Minister directs. Return of seized things 56. (1) A seized pest control product or other thing shall be returned to its owner or the person who had the possession, care or control of the product at the time of its seizure if it has not been forfeited at the final conclusion of proceedings in respect of a violation or an offence under this Act. Exception (2) A seized pest control product or other thing may be (a) detained pending the payment of any fine or penalty imposed on its owner or the person who had the possession, care or control of it at the time of seizure; or (b) sold in satisfaction of the fine or penalty. Enforcement Measures Inspector may require measures 57. (1) If an inspector has reasonable grounds to believe that a person has contravened this Act or the regulations, he or she may require the person (a) to stop or shut down any activity or thing involved in the contravention; and (b) to take any other measures that the inspector considers necessary to prevent further contravention, including (i) modifying a pest control product or its labelling or disposing of the product so as to comply with this Act and the regulations, and �� C. 28 Pest Contro (ii) manufacturing, handling, storing, transporting, importing, exporting, packaging, distributing or using a registered pest control product in accordance with the conditions of registration. Duration of requirement (2) A requirement under subsection (1) may apply for a specified period or until the inspector is satisfied that no further contravention is likely to take place. Notice (3) A requirement under subsection (1) shall be communicated by delivering a written notice to the registrant or, as the case may be, to the owner or person who has the possession, care or control of the pest control product, activity or thing that was involved in the contravention and the notice must be accompanied by a statement of the reasons for the requirement. Offence and punishment (4) Every person who fails to comply with a requirement in a notice delivered under subsection (3) is guilty of an offence and liable (a) on summary conviction, to a fine of not more than $200,000 or to imprisonment for a term of not more than six months, or to both; or (b) on conviction on indictment, to a fine of not more than $500,000 or to imprisonment for a term of not more than three years, or to both. Prosecutions (5) A requirement under subsection (1) may be imposed whether or not the person has been charged with an offence relating to the contravention, but if the person is charged, the requirement may be confirmed, varied or rescinded by the court that tries the offence. Disposal and Risk-control Measures Disposal of samples 58. A sample taken under this Act or the regulations may be disposed of as an inspector or analyst may direct. Inspectors may take measures to control risks 59. (1) Despite subsection 6(8), an inspector may take any measures described in subsection (2) if he or she has reasonable grounds to believe that there has been a contravention of this Act or the regulations and that a pest control product, or any other thing that has been treated or contaminated by a pest control Produits antip product, poses a health or environmental risk that the Minister considers is unacceptable. Measures (2) The inspector may (a) require an owner or a person who has the possession, care or control of the pest control product or other thing to dispose of the product or other thing or do anything else that the inspector considers necessary to reduce or eliminate the risks it poses; (b) confiscate or dispose of the product or other thing or do anything else that the inspector considers necessary to reduce or eliminate the risks it poses; or (c) authorize any other person to exercise the powers described in paragraph (b). Notice (3) A requirement under paragraph (2)(a) shall be communicated by delivering a written notice to the owner or person who has the possession, care or control of the product or thing and the notice (a) must include a statement of the reasons for the requirement; and (b) may specify the period within which and the manner in which the required action must be taken. Offence and punishment (4) Every person who fails to comply with a requirement in a notice delivered under subsection (3) is guilty of an offence and liable (a) on summary conviction, to a fine of not more than $200,000 or to imprisonment for a term of not more than six months, or to both; or (b) on conviction on indictment, to a fine of not more than $500,000 or to imprisonment for a term of not more than three years, or to both. Review of Inspectors’ Requirements Request for review 60. (1) Subject to this section, a requirement in respect of which notice has been delivered under subsection 53(2), 57(3) or 59(3) shall be reviewed on the written request of the person to whom the notice was delivered. �� C. 28 Pest Contro Contents of and time for making request (2) A request under subsection (1) shall state the grounds for the request and the decision that is requested and must be delivered to the Minister within 10 days after the date on which the notice referred to in that subsection was delivered to the person who made the request. Reviewer (3) A review requested under subsection (1) may be conducted by the inspector who delivered the notice or by any other inspector or official to whom the review is assigned. Refusal when grounds already considered (4) A review requested under subsection (1) may be refused if the request does not comply with subsection (2) or if the grounds stated in the request were presented to and considered by the inspector before the notice was delivered. Refusal in case of emergency (5) If the reasons in a notice referred to in subsection (1) include the existence of an emergency concerning risks to human health or safety or the environment, the reviewer may refuse to undertake the review until he or she is satisfied that there has been sufficient compliance with the requirement in the notice to address the emergency. Refusal not affected by inspector’s prior knowledge of emergency (6) For the purposes of subsection (5), the reviewer may refuse to undertake the review no matter how long before delivery of the notice the inspector had known of the circumstances concerning the emergency. Reasons for refusal (7) A refusal under subsection (4) or (5) shall be communicated in writing to the person who made the request, with reasons for the refusal. Review initiated by inspector (8) An inspector who delivers a notice referred to in subsection (1), or any other inspector or official assigned to do so, may review the requirement included in the notice regardless of whether a request has been made under that subsection. Conduct of review (9) A review referred to in subsection (1) or (8) shall be conducted in accordance with the regulations, if any. Produits antip Decision on completion of review (10) On completion of a review, the reviewer shall make a decision to confirm, amend, terminate or cancel the requirement. Notice (11) Written notice of the reviewer’s decision under subsection (10), with reasons, shall be delivered to the person who made the request or, if there was no request, to the person to whom the notice referred to in subsection (1) was, or could have been, delivered. Delay in proceedings under section 61 (12) An application shall not be made under section 61 in relation to a requirement until (a) the expiry of the 10-day period referred to in subsection (2) without a review having been requested under subsection (1); (b) a request for a review has been refused under subsection (4) or (5); or (c) a review that has been requested under subsection (1) and has not been refused under subsection (4) or (5), or a review that has been undertaken under subsection (8), has been completed and action has been taken under subsection (10). Effect of amendment (13) When the decision under subsection (10) is to amend a requirement, the notice of that decision under subsection (11) is deemed, for the purpose of section 61, to have been delivered under subsection 53(2), 57(3) or 59(3), as the case may be, and the amended requirement is subject to review under this section. Court Orders Application for court order 61. If a person fails to comply with a requirement in respect of which notice has been delivered under subsection 53(2), 57(3) or 59(3), the Minister may apply to the Federal Court or any other court of competent jurisdiction for an order requiring the person to comply with the notice or authorizing an inspector to take any measures the court considers necessary to ensure compliance with the notice. �� C. 28 Pest Contro DELIVERY OF DOCUMENTS Method of delivery Representative in Canada 62. (1) Notices or other documents required or authorized to be delivered under this Act may be delivered by certified or registered mail or any other method that provides proof of delivery. (2) An applicant for registration of a pest control product or a registrant, who does not reside in Canada, shall (a) designate a representative who resides in Canada to whom correspondence and any notices or documents referred to in subsection (1) can be sent; and Presumption Requirement to communicate through designated representative Refusal of communications Statutory Instruments Act does not apply (b) inform the Minister in writing of the designation. (3) Any correspondence, notices or documents received by the representative designated under subsection (2) are deemed to have been received by the applicant or registrant who designated the representative. (4) The Minister may require an applicant or registrant referred to in subsection (2) to conduct any communications with the Minister through the designated representative of the applicant or registrant. (5) Despite any other provision of this Act, the Minister may refuse to receive or act on any communication that is not made in compliance with a requirement made by the Minister under subsection (4). (6) For greater certainty, the Statutory Instruments Act does not apply in respect of notices or other documents delivered under this Act. FEES, CHARGES AND COSTS Recovery of fees Charges and costs for inspections, etc. 63. Her Majesty in right of Canada may recover any fee or charge that applies in relation to the administration of this Act or the regulations. 64. (1) Her Majesty in right of Canada may recover from any person referred to in subsection (2) any charges under this Act and any costs incurred by Her Majesty in relation to the administration of this Act or the regulations, including Produits antip (a) the inspection, treatment, testing or analysis of a place, pest control product or other thing or the storage, removal, disposal or return of a pest control product or other thing, required or authorized by this Act or the regulations; (b) the seizure, detention, forfeiture or disposal of a pest control product or other thing under this Act or the regulations; and (c) any enforcement or risk-control measures taken by the Minister or an inspector under this Act or the regulations. Persons liable (2) The following persons are jointly and severally liable or solidarily liable for the charges and costs relating to an action or measure referred to in subsection (1): (a) in the case of an action or measure in respect of a place, the owner and the occupier of that place; and (b) in the case of an action or measure in respect of a pest control product or other thing, the owner of that product or thing and the person who, immediately before the action or measure was taken, had the possession, care or control of that pest control product or thing. LIMITATION ON LIABILITY Her Majesty not liable 65. If a person must, by or under this Act or the regulations, do anything or permit an inspector to do anything, Her Majesty in right of Canada is not liable for any costs, loss or damage resulting from the compliance or to pay any fee, rent or other charge for what is done, provided, maintained or permitted. COMPENSATION FOR USE OF INFORMATION Agreements to determine compensation 66. (1) The Minister shall determine the terms and conditions of agreements to be entered into by applicants and registrants for the purposes of determining compensation payable for the right to use or rely on information provided by registrants to the Minister under this Act. �� C. 28 Pest Contro Negotiation and arbitration (2) An agreement referred to in subsection (1) shall be entered into, and provide for the determination of compensation payable through negotiation and binding arbitration, in accordance with the regulations made under paragraph 67(1)(h). Commercial Arbitration Act applies (3) Subject to this section, the Commercial Arbitration Act applies to an arbitration for the purposes of this section and the regulations. Exception (4) Subsection 5(2) of the Commercial Arbitration Act does not apply to an arbitration referred to in subsection (3). Regulations (5) Regulations made by the Minister of Justice under section 9 of the Commercial Arbitration Act apply to an arbitration referred to in subsection (3) unless the parties otherwise agree. REGULATIONS Regulations — Governor in Council 67. (1) The Governor in Council may make regulations (a) prescribing policies of the Government of Canada that are consistent with the objectives of this Act for the purposes of the definition ‘‘government policy’’ in section 2; (b) prescribing the nomenclature of pests and pest control products for the purposes of this Act; (c) respecting the information and other things that must accompany an application made under section 7 or 10; (d) respecting standards of laboratory practice to be used in conducting tests to obtain information about pest control products, certification of compliance with those standards, inspection and audit of compliance and the consequences of a failure to comply; (e) respecting the evaluation of the health or environmental risks or the value of pest control products; (f) respecting the registration of pest control products, including the types of registration for classes of products, and, for each type, Produits antip (i) the criteria and characteristics, and (ii) the period or maximum period for which the registration is valid, which periods may be either finite or indefinite; (f.1) respecting minor uses of a pest control product and defining ‘‘minor use’’ for the purposes of this Act and the regulations; (g) stating which requirements of the regulations are conditions of registration; (h) respecting the circumstances and conditions under which information provided to the Minister by registrants may be used or relied upon in relation to applications or registrations of other persons, including distinctions among the rights of registrants based on the purposes for which the information was provided to the Minister; (i) respecting the Pest Control Products Export Control List, authorizations to export pest control products and the amendment, suspension and cancellation of authorizations; (j) respecting review panels, including their establishment, the selection and remuneration of panel members and the travel and living expenses to which they are entitled; (k) respecting authorizations to use unregistered pest control products for specific purposes and the amendment, suspension and cancellation of authorizations; (l) respecting the Register, including information that is to be included in the Register and public access to the information; (m) respecting the public disclosure of confidential test data; (n) prescribing information that is to be excluded in whole or in part from the application of subsection 43(5); (o) respecting the manufacture, possession, handling, storage, transport, import, export, distribution, use or disposal of pest control products; (p) prescribing standards for pest control products, including standards relating to their form and composition; �� C. 28 Pest Contro (q) respecting the measures to be taken to facilitate the recognition of pest control products by a change in colouration or other means; (r) respecting the packaging and advertising of pest control products; (s) respecting the provision of product safety information; (t) respecting the keeping of records by registrants, manufacturers, importers, exporters, distributors and users of pest control products in relation to the products that they manufacture, store, import, export, distribute, use or dispose of and the requirements for making those records available to the Minister; (u) respecting the recording by registrants of information on sales of pest control products, the retention and reporting to the Minister of such information by registrants and former registrants and the use of such information by the Minister; (v) respecting the taking of samples and the conduct of analyses for the purposes of this Act; (w) respecting the inspection and operation of establishments in which registered pest control products are manufactured; (x) respecting the preservation and detention of pest control products and any other things seized by an inspector; (y) respecting the destruction or disposition of pest control products or any other thing forfeited or authorized to be disposed of under this Act; (z) respecting reviews under section 60; (z.1) respecting the delivery or transmission of documents under this Act, including the transmission of documents in electronic form; (z.2) respecting fees and charges in relation to the administration of this Act or the regulations; (z.3) for the purpose of implementing, in relation to pest control products, international agreements that affect those products; Produits antip (z.4) exempting pest control products, persons or activities from the application of all or any of the provisions of this Act or the regulations, and prescribing the conditions under which they are exempt (i) for the purpose of facilitating scientific research or dealing with emergency situations, or (ii) if the Governor in Council is satisfied that the exempted products, persons or activities are sufficiently regulated under another Act or that the purposes of this Act can be met without applying the provision; and (z.5) prescribing anything that by this Act is to be prescribed and generally for carrying out the purposes and provisions of this Act. Incorporation by reference (2) For greater certainty, regulations made under paragraph (1)(d) or (p) that incorporate a standard by reference may incorporate the standard as amended to a certain date or from time to time. Regulations re NAFTA and WTO Agreement (3) Without limiting the authority conferred by subsection (1), the Governor in Council may make any regulations that the Governor in Council deems necessary for the purpose of implementing, in relation to pest control products, Article 1711 of the North American Free Trade Agreement or Article 39(3) of the Agreement on Trade-related Aspects of Intellectual Property Rights set out in Annex 1C to the WTO Agreement. Definitions (4) The definitions in this subsection apply in subsection (3). �� C. 28 Pest Contro ‘‘North American Free Trade Agreement’’ « Accord de libre-échange nord-américain » ‘‘North American Free Trade Agreement’’ has the same meaning as ‘‘Agreement’’ in subsection 2(1) of the North American Free Trade Agreement Implementation Act. ‘‘WTO Agreement’’ « Accord sur l’OMC » ‘‘WTO Agreement’’ has the same meaning as ‘‘Agreement’’ in subsection 2(1) of the World Trade Organization Agreement Implementation Act. OFFENCES AND PUNISHMENT General Contravention causing risk or harm 68. (1) Every person is guilty of an offence if, in contravening this Act or the regulations, they cause (a) a risk of imminent death or serious bodily harm to another person; (b) a risk of substantial harm to the environment; or (c) harm to the environment. Punishment (2) Every person who commits an offence under subsection (1) is liable (a) on summary conviction, to a fine of not more than $200,000 or to imprisonment for a term of not more than six months, or to both; and (b) on conviction on indictment, to a fine of not more than $500,000 or to imprisonment for a term of not more than three years, or to both. Offence committed wilfully or recklessly (3) Every person is guilty of an offence if, while contravening this Act or the regulations, they wilfully or recklessly cause (a) a risk of imminent death or serious bodily harm to another person; (b) a risk of substantial harm to the environment; or (c) harm to the environment. 2002 Punishment Produits antip (4) Every person who commits an offence under subsection (3) is liable (a) on summary conviction, to a fine of not more than $300,000 or to imprisonment for a term of not more than six months, or to both; and (b) on conviction on indictment, to a fine of not more than $1,000,000 or to imprisonment for a term of not more than three years, or to both. Contravention of regulations 69. Every person who contravenes a provision of the regulations is guilty of an offence and liable (a) on summary conviction, to a fine of not more than $200,000 or to imprisonment for a term of not more than six months, or to both; and (b) on conviction on indictment, to a fine of not more than $500,000 or to imprisonment for a term of not more than three years, or to both. Related Provisions Officers, etc., of corporations 70. (1) If a corporation commits an offence under this Act, any officer, director or agent of the corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to and guilty of the offence and liable on conviction to the punishment provided for the offence, whether or not the corporation has been prosecuted or convicted. Duty to ensure compliance (2) Every director and officer of a corporation shall take all reasonable care to ensure that the corporation complies with this Act and the regulations. Offence and punishment (3) Every person who contravenes subsection (2) is guilty of an offence and liable (a) on summary conviction, to a fine of not more than $200,000 or to imprisonment for a term of not more than six months, or to both; or (b) on conviction on indictment, to a fine of not more than $500,000 or to imprisonment for a term of not more than three years, or to both. �� Offence by employee or agent C. 28 Pest Contro 71. In a prosecution for an offence under this Act, it is sufficient proof of the offence to establish that it was committed by an employee or agent of the accused, whether or not the employee or agent is identified or has been prosecuted for the offence, unless the accused establishes that (a) the offence was committed without the knowledge or consent of the accused; and (b) the accused exercised all due diligence to prevent its commission. Continuing offence 72. If an offence under this Act is continued on more than one day, the person who committed it is liable to be convicted for a separate offence for each day on which it is continued. Limitation period 73. (1) A proceeding by way of summary conviction in respect of an offence under this Act may be commenced at any time within two years after the day on which the Minister became aware of the subject-matter of the proceedings. Minister’s certificate (2) A document purporting to have been issued by the Minister, certifying the day on which the Minister became aware of the subject-matter of the proceedings, is evidence of that fact without proof of the signature or official character of the person appearing to have signed it and without further proof. Venue 74. An information in respect of an offence under this Act may be tried, determined or adjudged by a summary conviction court if the defendant is resident or carrying on business within the territorial division of the court, even though the matter of the information did not arise in that territorial division. Analysis and examination 75. (1) An inspector may submit to an analyst for analysis or examination any pest control product or other thing seized by the inspector, any sample taken from that product or thing, or any other sample taken by the inspector. Produits antip Certificate of analyst (2) A certificate of an analyst stating that the analyst has analysed or examined a pest control product or other thing or a sample and stating the result of the analysis or examination is evidence of the statements contained in the certificate without proof of the signature or the official character of the person appearing to have signed it. Attendance of analyst (3) The party against whom the certificate is produced may, with leave of the court, require the attendance of the analyst for the purpose of cross-examination. Notice (4) The certificate shall not be received in evidence unless the party who intends to produce it has given the party against whom it is intended to be produced reasonable notice of that intention, together with a copy of the certificate. Suspended sentence 76. When an offender is convicted of an offence under this Act, the court may suspend the passing of sentence and may make an order that the offender comply with any condition that has any or all of the effects described in section 77. Orders of court 77. (1) When an offender is convicted of an offence under this Act, the court may, having regard to the nature of the offence and the circumstances surrounding its commission, in addition to any other punishment that may be imposed under this Act, make an order that has any or all of the following effects: (a) prohibiting the offender from committing an act or engaging in an activity that may, in the opinion of the court, result in the continuation or repetition of the offence; (b) directing the offender to take any measures that the court considers appropriate to avoid harm to human health or the environment that results from or may result from the act or omission that constituted the offence, or to remedy that harm; (c) directing the offender to pay the victim, within the period that the court considers reasonable, an amount of money to cover the loss or damage that resulted from the offence; (d) directing the offender to publish, in any manner that the court directs, at the offend�� C. 28 Pest Contro er’s own expense, the facts relating to the offence and an apology for any harm caused by the offence; (e) directing the offender, at the offender’s own expense, to notify any person who is aggrieved or affected by the offender’s conduct of the facts relating to the conviction; (f) directing the offender to post a bond or pay an amount of money into court that the court considers appropriate to ensure compliance with any condition required under this section; (g) directing the offender to submit to the Minister, on application by the Attorney General of Canada made within three years after the conviction, any information with respect to the offender’s activities that the court considers appropriate in the circumstances; (h) directing the offender to compensate the Minister, in whole or in part, for the cost of any remedial or preventive measure taken by the Minister as a result of the act or omission that constituted the offence; (i) directing the offender to perform community service, subject to any reasonable conditions that may be imposed by the court; (j) directing the offender to pay an amount that the court considers appropriate for the purpose of conducting research; and (k) requiring the offender to comply with any other conditions that the court considers appropriate in the circumstances for securing the offender’s good conduct and for preventing the offender from repeating the same offence or committing another offence under this Act. Coming into force and duration of order (2) An order made under section 76 or subsection (1) comes into force on the day on which the order is made or on any other day that the court may determine, but shall not continue in force for more than three years after that day. Produits antip Publication (3) If an offender does not comply with an order requiring the publication of facts relating to the offence, the Minister may publish the facts and recover the costs of publication from the offender. Debt due to Her Majesty (4) If the court orders the offender to compensate the Minister or if the Minister incurs publication costs under paragraph (1)(h) or subsection (3), the costs incurred by the Minister constitute a debt due to Her Majesty in right of Canada and may be recovered in a court of competent jurisdiction. Additional fine 78. When an offender has been convicted of an offence under this Act, the court may order the offender to pay, in addition to any fine that may otherwise be imposed under this Act, a fine equal to three times the court’s estimation of any monetary benefits that the court is satisfied the offender gained as a result of the commission of the offence. Publication of information about contraventions 79. (1) The Minister may publish information about any contravention of this Act or the regulations, including a contravention designated as a violation under the Agriculture and Agri-Food Administrative Monetary Penalties Act, for the purpose of encouraging voluntary compliance with this Act and the regulations. Publication of personal information (2) The information published under subsection (1) may include personal information as defined in section 3 of the Privacy Act. REPORT TO PARLIAMENT Annual report 80. (1) The Minister shall, as soon as possible after the end of each fiscal year, prepare and cause to be laid before each House of Parliament a report on the administration and enforcement of this Act for that year. Contents (2) The Minister shall include in the annual report, for the fiscal year covered by the report, (a) a status report respecting registrations, including the registration of pest control products that pose lower risks, re-evaluations and special reviews under this Act or the Pest Control Products Act, chapter P-9 of the Revised Statutes of Canada, 1985; and �� C. 28 Pest Contro (b) a report on significant scientific developments relating to the evaluation of the health and environmental risks and the value of pest control products and the integration of those developments into decision-making under this Act. Permanent review of Act 80.1 (1) The administration of this Act shall, every 7 years after the day on which section 1 comes into force, stand referred to such committee of the House of Commons, of the Senate or of both Houses of Parliament as may be designated or established for that purpose. Review and report (2) The committee designated or established for the purposes of subsection (1) shall, as soon as practicable, undertake a comprehensive review of the provisions and operation of this Act and shall, within one year after the review is undertaken or within such further time as the House of Commons, the Senate or both Houses of Parliament, as the case may be, may authorize, submit a report thereon, including a statement of any changes to this Act or its administration that the committee would recommend. TRANSITIONAL PROVISIONS Applications under repealed Act 81. (1) This Act and the regulations apply to an application for the registration of a pest control product or for an amendment to its registration made under the Pest Control Products Act, chapter P-9 of the Revised Statutes of Canada, 1985, before the day on which section 1 comes into force if no decision to grant or deny the application has been made in respect of that application on or before that day. In any case, paragraph 28(1)(a) and subsection 35(1) do not apply to applications made before April 1, 1995. Pest control products registered under repealed Act (2) This Act and the regulations apply to all registrations under the Pest Control Products Act, chapter P-9 of the Revised Statutes of Canada, 1985, that are in effect on the day on which section 1 comes into force, except that paragraphs 42(2)(c) to (f) apply only to registrations in respect of Produits antip which the public has been consulted under this Act in accordance with paragraph 28(1)(a) or (b). CONSEQUENTIAL AMENDMENTS 1995, c. 40 Agriculture and Agri-Food Administrative Monetary Penalties Act 82. The definition ‘‘Minister’’ in section 2 of the Agriculture and Agri-Food Administrative Monetary Penalties Act is replaced by the following: ‘‘Minister’’ « ministre » ‘‘Minister’’ means the Minister of Agriculture and Agri-Food, except that, in relation to a violation involving a contravention of the Pest Control Products Act, it means the Minister of Health; R.S., c. F-9 Feeds Act 83. Paragraph 5(h) of the Feeds Act is replaced by the following: (h) providing that feeds registered under this Act and containing a pest control product as defined in subsection 2(1) of the Pest Control Products Act are, in prescribed circumstances and subject to prescribed conditions, deemed to be registered under that Act; R.S., c. F-10 1993, c. 44, s. 155 Fertilizers Act 84. Paragraph 5(1)(h) of the Fertilizers Act is replaced by the following: (h) providing that fertilizers registered under this Act and containing a pest control product as defined in subsection 2(1) of the Pest Control Products Act are, in prescribed circumstances and subject to prescribed conditions, deemed to be registered under that Act; R.S., c. H-3 R.S., c. 24 (3rd Supp.), s. 1, c. 15 (4th Supp.), s. 9(2) Hazardous Products Act 85. Paragraph 3(1)(c) of the Hazardous Products Act is replaced by the following: (c) pest control product as defined in subsection 2(1) of the Pest Control Products Act; or R.S., c. 24 (3rd Supp.), s. 1 86. Paragraph 12(c) of the Act is replaced by the following: �� C. 28 Pest Contro (c) pest control product as defined in subsection 2(1) of the Pest Control Products Act; R.S., c. P-10; 2001, c. 4, s. 113(F) Pesticide Residue Compensation Act 1994, c. 38, par. 25(1)(x) 87. The definition ‘‘Minister’’ in section 2 of the Pesticide Residue Compensation Act is replaced by the following: ‘‘Minister’’ « ministre » ‘‘Minister’’ means the Minister of Health; 1996, c. 8, par. 32(1)(l) 88. Paragraphs 3(1)(a) and (b) of the Act are replaced by the following: (a) an inspection of that product made under the Food and Drugs Act has disclosed the presence of pesticide residue in or on the product and, as a result, the sale of the product would be contrary to that Act or the regulations made under it; (b) the pesticide used is a pest control product registered under the Pest Control Products Act or is deemed by any other Act of Parliament to be registered under that Act; REPEAL Repeal of R.S., c. P-9 89. The Pest Control Products Act is repealed. Coming into force 90. The provisions of this Act, and the provisions of any Act as enacted by this Act, come into force on a day or days to be fixed by order of the Governor in Council. COMING INTO FORCE Published under authority of the Speaker of the House of Commons Available from: ������������� ����������������� ���������� ���������� Ottawa, Canada K1A 0S9 ��������� ����� ������������� ����������������� ���������� ����������� ������� ������� ��� ���

First Session, Thirty-seventh Parliament, 49-50-51 Elizabeth II, 2001-2002 STATUTES OF CANADA 2002 CHAPTER 14 An Act to amend the Payment Clearing and Settlement Act BILL S-40 ASSENTED TO 4th JUNE, 2002 SUMMARY This enactment amends the Payment Clearing and Settlement Act to protect the netting agreements of a securities and derivatives clearing house and to permit a securities and derivatives clearing house to realize the collateral of a member in the event of the bankruptcy or insolvency of the member. ��� ������������� ������������ ��� ��������� �� ��� ������������� �������� ������������� �� ��� ��������� �������� ��������������������� 49-50-51 ELIZABETH II CHAPTER 14 An Act to amend the Payment Clearing and Settlement Act [Assented to 4th June, 2002] 1996, c. 6, sch. Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: 1. The Payment Clearing and Settlement Act is amended by adding the following after section 13: Securities and derivatives clearing houses Securities and Derivatives Clearing Houses 13.1 (1) Nothing in any law relating to bankruptcy or insolvency or in any order of a court made in respect of the administration of a reorganization, arrangement or receivership involving insolvency, including in any foreign law or order of a foreign court, has the effect of (a) preventing a securities and derivatives clearing house from (i) if it is a party to a netting agreement, terminating the agreement and determining a net termination value or net settlement amount in accordance with the provisions of the agreement, with the party entitled to the value or amount becoming a creditor of the party owing the value or amount for that value or amount, or (ii) acting in accordance with any of its rules that provide the basis on which payment and delivery obligations are calculated, netted and settled; or (b) interfering with the rights or remedies of a securities and derivatives clearing house in respect of any collateral that has been granted to it to secure the performance of obligations by a clearing member. � Designation by Minister C. 14 Payment Clearing (2) For the purpose of this section, the Minister may designate an entity, other than one mentioned in paragraph (a), (b) or (c) of the definition ‘‘securities and derivatives clearing house’’ in subsection (3), as a securities and derivatives clearing house if (a) the Minister is of the opinion that it is in the public interest to do so; and (b) the entity provides clearing and settlement services to its clearing members in respect of transactions that involve securities or derivatives. Definitions (3) The definitions in this subsection apply in this section. ‘‘clearing member’’ « membre » ‘‘clearing member’’ means a person who uses the services of a securities and derivatives clearing house. ‘‘net termination value’’ « reliquat net » ‘‘net termination value’’ means the net amount obtained after setting off or otherwise netting the obligations between a securities and derivatives clearing house and a clearing member in accordance with the netting agreement. ‘‘netting agreement’’ « accord de compensation » ‘‘netting agreement’’ means an agreement between a securities and derivatives clearing house and a clearing member that is (a) an eligible financial contract within the meaning of section 22.1 of the Winding-up and Restructuring Act; or (b) an agreement that provides for the netting or setting off of present or future obligations to make payments or deliveries against present or future rights to receive payments or take deliveries. ‘‘securities and derivatives clearing house’’ « chambre spécialisée » ‘‘securities and derivatives clearing house’’ means, in addition to an entity designated under subsection (2), (a) the Canadian Derivatives Clearing Corporation, incorporated under the Canada Business Corporations Act; (b) The Canadian Depository For Securities Limited, a corporation resulting from an amalgamation under the Canada Business Corporations Act; or 2001-2002 Compensation et règle (c) the WCE Clearing Corporation, incorporated under The Corporations Act, chapter C225 of the Re-enacted Statutes of Manitoba 1987. Published under authority of the Senate of Canada Available from: Public Works and Government Services Canada — Publishing, Ottawa, Canada K1A 0S9 ��������� ����� ������ ����� ��� ���������� �������� �������������������� ������� ������ ��� ���

First Session, Thirty-seventh Parliament, 49-50-51 Elizabeth II, 2001-2002 STATUTES OF CANADA 2002 CHAPTER 16 An Act to amend the Competition Act and the Competition Tribunal Act BILL C-23 ASSENTED TO 4th JUNE, 2002 RECOMMENDATION Her Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled ‘‘An Act to amend the Competition Act and the Competition Tribunal Act’’. SUMMARY This enactment amends the Competition Act and the Competition Tribunal Act. The amendments include the following: – amendments to facilitate cooperation with foreign competition authorities for the enforcement of civil competition and fair trade practices laws; – amendments prohibiting deceptive prize notices; – amendments streamlining the Competition Tribunal process by providing for cost awards, summary dispositions and references; – amendments broadening the scope under which the Tribunal may issue temporary orders; and – some housekeeping items. ��� ������������� ������������ ��� ��������� �� ��� ������������� �������� ������������� �� ��� ��������� �������� ��������������������� 49-50-51 ELIZABETH II CHAPTER 16 An Act to amend the Competition Act and the Competition Tribunal Act [Assented to 4th June, 2002] Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: R.S., c. C-34; R.S., c. 19 (2nd Supp.), s. 19 COMPETITION ACT R.S., c. 19, (2nd Supp.), s. 24; 1999, c. 2, par. 37(d) 1. Paragraph 11(1)(b) of the Competition Act is replaced by the following: (b) produce to the Commissioner or the authorized representative of the Commissioner within a time and at a place specified in the order, a record, a copy of a record certified by affidavit to be a true copy, or any other thing, specified in the order; or 2. Section 18 of the Act is amended by adding the following after subsection (1): Certified copies R.S., c. 19 (2nd Supp.), s. 26 (1.1) The Commissioner need not return any copy of a record produced pursuant to section 11. 2.1 (1) Subsection 29(1) of the Act is amended by striking out the word ‘‘or’’ at the end of paragraph (c), by adding the word ‘‘or’’ at the end of paragraph (d) and by adding the following after paragraph (d): (e) any information provided voluntarily pursuant to this Act. (2) Subsection 29(2) of the Act is replaced by the following: � Exception C. 16 Compe (2) This section does not apply in respect of any information that has been made public or any information the communication of which was authorized by the person who provided the information. 3. The Act is amended by adding the following before the heading ‘‘PART IV’’: PART III MUTUAL LEGAL ASSISTANCE Definitions Interpretation 30. The definitions in this section apply in this Part. ‘‘agreement’’ « accord » ‘‘agreement’’ means a treaty, convention or other international agreement to which Canada is a party that provides for mutual legal assistance in competition matters, other than a matter in respect of which the Mutual Legal Assistance in Criminal Matters Act applies. ‘‘conduct’’ « comportement » ‘‘conduct’’ means conduct or matters within the meaning of the relevant agreement in respect of which mutual legal assistance may be requested in accordance with this Part. ‘‘data’’ « données » ‘‘data’’ means representations, in any form, of information or concepts. ‘‘foreign state’’ « État étranger » ‘‘foreign state’’ means a country other than Canada, and includes any international organization of states. ‘‘judge’’ « juge » ‘‘judge’’ means (a) in Ontario, a judge of the Superior Court of Justice; (b) in Quebec, a judge of the Superior Court; (c) in Nova Scotia, British Columbia, Newfoundland, the Yukon Territory and the Northwest Territories, a judge of the Supreme Court, and in Nunavut, a judge of the Nunavut Court of Justice; (d) in New Brunswick, Manitoba, Saskatchewan and Alberta, a judge of the Court of Queen’s Bench; (e) in Prince Edward Island, a judge of the trial division of the Supreme Court; and 2001-2002 Concur (f) in any province or territory, a judge of the Federal Court — Trial Division. Functions of the Minister of Justice Agreements respecting mutual legal assistance 30.01 Before Canada enters into an agreement, the Minister of Justice must be satisfied that (a) the laws of the foreign state that address conduct that is similar to conduct prohibited or reviewable under this Act are, in his or her opinion, substantially similar to the relevant provisions of this Act, regardless of whether the conduct is dealt with criminally or otherwise; (b) any record or thing provided by Canada under the agreement will be protected by laws respecting confidentiality that are, in his or her opinion, substantially similar to Canadian laws; (c) the agreement contains provisions in respect of (i) the circumstances in which Canada may refuse, in whole or in part, to approve a request, and (ii) the confidentiality protections that will be afforded to any record or thing provided by Canada; (d) the agreement contains the following undertakings by the foreign state, namely, (i) that it will provide assistance to Canada comparable in scope to that provided by Canada, (ii) that any record or thing provided by Canada will be used only for the purpose for which it was requested, (iii) that any record or thing provided by Canada will be used subject to any terms and conditions on which it was provided, including conditions respecting applicable rights or privileges under Canadian law, (iv) that, at the conclusion of the investigation or proceedings in respect of which any record or thing was provided by Canada, the foreign state will return the record or thing and any copies to � C. 16 Compe Canada or, with the consent of Canada, return the record or thing to Canada and destroy any copies, (v) subject to subparagraph (ii), that it will, to the greatest extent possible consistent with its laws, keep confidential any record or thing obtained by it pursuant to its request, and oppose any application by a third party for disclosure of the record or thing, and (vi) that it will promptly notify the Minister of Justice in the event that the confidentiality protections contained in the agreement have been breached; and (e) the agreement contains a provision in respect of the manner in which it may be terminated. Publication of Agreements Publication in Canada Gazette 30.02 (1) An agreement must be published in the Canada Gazette no later than 60 days after the agreement comes into force, unless it has already been published under subsection (2). Publication in Canada Treaty Series (2) An agreement may be published in the Canada Treaty Series and, if so published, the publication must be no later than 60 days after the agreement comes into force. Judicial notice (3) Agreements published in the Canada Gazette or the Canada Treaty Series are to be judicially noticed. Requests Made to Canada from Abroad Requests Requests 30.03 The Minister of Justice is responsible for dealing with a request made by a foreign state under an agreement, in accordance with the agreement and this Part. Search and Seizure Application of sections 15, 16 and 19 30.04 Sections 15, 16 and 19 apply, with any modifications that the circumstances require, in respect of a search or a seizure under this Part, except to the extent that those sections are inconsistent with this Part. 2001-2002 Concur Approval of request for search and seizure 30.05 (1) If the Minister of Justice approves a request of a foreign state to have a search and seizure carried out in respect of conduct that is the subject of the request, the Minister of Justice shall provide the Commissioner with any documents or information necessary to apply for a search warrant. Application for search warrant (2) The Commissioner or the authorized representative of the Commissioner shall apply ex parte for a search warrant to a judge. Warrant for entry of premises 30.06 (1) A judge to whom an application is made under subsection 30.05(2) may issue a search warrant authorizing the person named in it to execute it anywhere in Canada where the judge is satisfied by information on oath or solemn affirmation that there are reasonable grounds to believe that (a) conduct that is the subject of a request made by a foreign state is taking place, has taken place or is about to take place; (b) evidence in respect of the conduct referred to in paragraph (a) will be found in any premises; and (c) it would not, in the circumstances, be appropriate to make an order under subsection 30.11(1). Authorization (2) A search warrant issued under subsection (1) authorizes the person named in it to enter the premises specified in the warrant, subject to any conditions that may be specified in the warrant, and to search the premises for any record or thing specified in the warrant and to examine and seize it. Hearing re execution (3) A judge who issues a search warrant under subsection (1) shall fix a time and place for a hearing to consider the execution of the warrant as well as the report referred to in section 30.07. Contents of warrant (4) A search warrant issued under subsection (1) must (a) set out the time and place for the hearing mentioned in subsection (3); (b) state that, at that hearing, an order will be sought for the sending to the foreign state � C. 16 Compe of the records or things seized in execution of the warrant; and (c) state that every person from whom a record or thing is seized in execution of the warrant and any person who claims to have an interest in a record or thing so seized may make representations at the hearing before any order is made concerning the record or thing. Duty of persons in control of premises (5) Every person who is in possession or control of any premises, record or thing in respect of which a search warrant is issued under subsection (1) shall, on presentation of the warrant, permit the person named in the warrant to enter the premises, search the premises and examine the record or thing and seize it. Where admission or access refused (6) Where a person, in executing a search warrant issued under subsection (1), is refused access to any premises, record or thing or where the Commissioner believes on reasonable grounds that access will be refused, the judge who issued the warrant or a judge of the same court, on the ex parte application of the Commissioner or the authorized representative of the Commissioner, may by order direct a peace officer to take any steps that the judge considers necessary to give access to the person named in the warrant. Report 30.07 (1) The person who executes a search warrant shall, at least five days before the time of the hearing to consider its execution, file with the court of which the judge who issued the warrant is a member a written report concerning the execution of the warrant that includes a general description of the records or things seized. Copy to Minister of Justice (2) The person who files the report under subsection (1) shall send a copy of it to the Minister of Justice promptly after its filing. Sending abroad 30.08 (1) At the hearing referred to in subsection 30.06(3), after having considered any representations of the Minister of Justice, the Commissioner, the person from whom a record or thing was seized and any person who claims to have an interest in the record or thing, the judge who issued the search warrant or another judge of the same court may 2001-2002 Concur (a) where the judge is not satisfied that the warrant was executed according to its terms and conditions or where the judge is satisfied that an order should not be made under paragraph (b), order that a record or thing seized be returned to (i) the person from whom it was seized, if possession of it by that person is lawful, or (ii) the lawful owner or the person who is lawfully entitled to its possession, if the owner or that person is known and possession of the record or thing by the person from whom it was seized is unlawful; or (b) in any other case, order that a record or thing seized be sent to the foreign state mentioned in subsection 30.05(1) and include in the order any terms and conditions that the judge considers desirable, including terms and conditions (i) necessary to give effect to the request mentioned in that subsection, (ii) in respect of the preservation and return to Canada of any record or thing seized, and (iii) in respect of the protection of the interests of third parties. Requiring record, etc., at hearing (2) At the hearing mentioned in subsection (1), the judge may require that a record or thing seized be brought before him or her. Terms and conditions 30.09 No record or thing seized that has been ordered under section 30.08 to be sent to a foreign state shall be so sent until the Minister of Justice is satisfied that the foreign state has agreed to comply with any terms or conditions imposed in respect of the sending abroad of the record or thing. Evidence for Use Abroad Approval of request to obtain evidence 30.1 (1) If the Minister of Justice approves a request of a foreign state to obtain, by means of an order of a judge, evidence in respect of conduct that is the subject of the request, the Minister of Justice shall provide the Commissioner with any documents or information necessary to apply for the order. � C. 16 Compe Application for order (2) The Commissioner or the authorized representative of the Commissioner shall apply ex parte to a judge for an order for the gathering of evidence. Evidencegathering order 30.11 (1) A judge to whom an application is made under subsection 30.1(2) may make an order for the gathering of evidence where the judge is satisfied that there are reasonable grounds to believe that (a) conduct that is the subject of a request made by a foreign state is taking place, has taken place or is about to take place; and (b) there will be found in Canada evidence in respect of the conduct referred to in paragraph (a). Provisions of order (2) An order made under subsection (1) must provide for the manner in which the evidence is to be obtained in order to give effect to the request mentioned in subsection 30.1(1) and may (a) order the examination, on oath or otherwise, of a person named in the order, order the person to attend at the place fixed by the person designated under paragraph (c) for the examination and to remain in attendance until he or she is excused by the person so designated, order the person so named, where appropriate, to make a copy of a record or to make a record from data and to bring the copy or record with him or her, and order the person so named to bring with him or her any record or thing in his or her possession or control, in order to produce them to the person before whom the examination takes place; (b) order a person named in the order to make a copy of a record or to make a record from data and to produce the copy or record to the person designated under paragraph (c), order the person to produce any record or thing in his or her possession or control to the person so designated and provide, where appropriate, for any affidavit or certificate that, pursuant to the request, is to accompany any copy, record or thing so produced; and 2001-2002 Concur (c) designate a person before whom the examination referred to in paragraph (a) is to take place or to whom the copies, records, things, affidavits and certificates mentioned in paragraph (b) are to be produced. Designation of judge (3) For greater certainty, a judge who makes an order under subsection (1) may designate himself or herself or another person, including a judge of a Canadian or foreign court, under paragraph (2)(c). Order effective throughout Canada (4) An order made under subsection (1) may be executed anywhere in Canada. Terms and conditions of order (5) An order made under subsection (1) may include any terms or conditions that the judge considers desirable, including those relating to the protection of the interests of a person named in the order and of third parties. Variation (6) The judge who made the order under subsection (1) or another judge of the same court may vary its terms and conditions. Other laws to apply (7) A person named in an order made under subsection (1) shall answer questions and produce records or things to the person designated under paragraph (2)(c) in accordance with the laws of evidence and procedure in the foreign state that presented the request, but may refuse if answering the questions or producing the records or things would disclose information that is protected by the Canadian law of non-disclosure of information or privilege. Execution of order to be completed (8) If a person refuses to answer a question or to produce a record or thing, the person designated under paragraph (2)(c) (a) may, if he or she is a judge of a Canadian or foreign court, make immediate rulings on any objections or issues within his or her jurisdiction; or (b) shall, in any other case, continue the examination and ask any other question or request the production of any other record or thing mentioned in the order. �� C. 16 Compe Statement of reasons for refusal (9) A person named in an order made under subsection (1) who, under subsection (7), refuses to answer one or more questions or to produce certain records or things shall, within seven days, give to the person designated under paragraph (2)(c), unless that person has already ruled on the objection under paragraph (8)(a), a detailed statement in writing of the reasons on which the person bases the refusal to answer each question that the person refuses to answer or to produce each record or thing that the person refuses to produce. Expenses (10) A person named in an order made under subsection (1) is entitled to be paid the travel and living expenses to which the person would be entitled if the person were required to attend as a witness before the judge who made the order. Contents of order (11) An order made under subsection (1) must state that a person named in the order, and any person who claims an interest in any record or thing provided pursuant to the order, may make representations referred to in subsection 30.13(2) before any order is made under subsection 30.13(1). Report 30.12 (1) A person designated under paragraph 30.11(2)(c) in an order made under subsection 30.11(1) shall make a report to the judge who made the order, or another judge of the same court, accompanied by (a) a transcript of every examination held under the order; (b) a general description of every record or thing produced to the person under the order and, if the judge so requires, a record or thing itself; and (c) a copy of every statement given under subsection 30.11(9) of the reasons for a refusal to answer any question or to produce any record or thing. Copy to Minister of Justice (2) The person designated under paragraph 30.11(2)(c) shall send a copy of the report to the Minister of Justice promptly after it is made. 2001-2002 Concur Refusals (3) If any reasons contained in a statement given under subsection 30.11(9) are based on the Canadian law of non-disclosure of information or privilege, a judge to whom a report is made shall determine whether those reasons are well-founded and, if the judge determines that they are, that determination shall be mentioned in any order that the judge makes under section 30.13, but if the judge determines that they are not, the judge shall order that the person named in the order made under subsection 30.11(1) answer the questions or produce the records or things. Refusals based on foreign law (4) A copy of every statement given under subsection 30.11(9) that contains reasons that purport to be based on a law that applies to the foreign state shall be appended to any order that the judge makes under section 30.13. Sending abroad 30.13 (1) A judge to whom a report is made under subsection 30.12(1) may order that there be sent to the foreign state mentioned in subsection 30.1(1) (a) the report, any transcript referred to in paragraph 30.12(1)(a) and any record or thing produced; (b) a copy of the order made under subsection 30.11(1) accompanied by a copy of any statement given under subsection 30.11(9) that contains reasons that purport to be based on a law that applies to the foreign state; and (c) any determination made under subsection 30.12(3) that the reasons contained in a statement given under subsection 30.11(9) are well-founded. Terms and conditions (2) An order made under subsection (1) may include any terms or conditions that the judge considers desirable, after having considered any representations of the Minister of Justice, the Commissioner, the person who produced any record or thing to the person designated under paragraph 30.11(2)(c) and any person who claims to have an interest in any record or thing so produced, including terms and conditions (a) necessary to give effect to the request mentioned in subsection 30.1(1); �� C. 16 Compe (b) in respect of the preservation and return to Canada of any record or thing so produced; and (c) in respect of the protection of the interests of third parties. Further execution (3) The execution of an order made under subsection 30.11(1) that was not completely executed because of a refusal, by reason of a law that applies to the foreign state, to answer one or more questions or to produce certain records or things to the person designated under paragraph 30.11(2)(c) may be continued, unless a ruling has already been made on the objection under paragraph 30.11(8)(a), if a court of the foreign state or a person designated by the foreign state determines that the reasons are not well-founded and the foreign state so advises the Minister of Justice. Leave of judge required (4) No person named in an order made under subsection 30.11(1) whose reasons for refusing to answer a question or to produce a record or thing are determined not to be well-founded, or whose objection has been ruled against under paragraph 30.11(8)(a), shall, during the continued execution of the order or ruling, refuse to answer that question or to produce that record or thing to the person designated under paragraph 30.11(2)(c), except with the permission of the judge who made the order or ruling or another judge of the same court. Terms and conditions 30.14 No record or thing that has been ordered under section 30.13 to be sent to the foreign state mentioned in subsection 30.1(1) shall be so sent until the Minister of Justice is satisfied that the foreign state has agreed to comply with any terms or conditions imposed in respect of the sending abroad of the record or thing. Approval of request to obtain evidence by video link, etc. 30.15 (1) If the Minister of Justice approves a request of a foreign state to compel a person to provide evidence or a statement in respect of conduct that is the subject of the request by means of technology that permits the virtual presence of the person in the territory over which the foreign state has jurisdiction, or that permits the person to be heard and examined, the Minister of Justice shall provide the Commissioner with any documents or information necessary to apply for the order. 2001-2002 Concur Application for order (2) The Commissioner or the authorized representative of the Commissioner shall apply ex parte to a judge for an order for the taking of evidence or a statement from the person. Order for video link, etc. 30.16 (1) A judge to whom an application is made under subsection 30.15(2) may make an order for the taking of evidence or a statement from a person where the judge is satisfied that there are reasonable grounds to believe that (a) conduct that is the subject of a request made by a foreign state is taking place, has taken place or is about to take place; and (b) the foreign state believes that the person’s evidence or statement would be relevant to the investigation or proceedings in respect of the conduct referred to in paragraph (a). Provisions of order (2) An order made under subsection (1) shall order the person (a) to attend at the place fixed by the judge for the taking of the evidence or statement by means of the technology and to remain in attendance until the person is excused by the authorities of the foreign state; (b) to answer any questions put to the person by the authorities of the foreign state or by any person authorized by those authorities; (c) to make a copy of a record or to make a record from data and to bring the copy or record, when appropriate; and (d) to bring any record or thing in his or her possession or control, when appropriate, in order to show it to the authorities by means of the technology. Order effective throughout Canada (3) An order made under subsection (1) may be executed anywhere in Canada. Terms and conditions of order (4) An order made under subsection (1) may include any terms or conditions that the judge considers desirable, including those relating to the protection of the interests of the person named in it and of third parties. �� C. 16 Compe Variation (5) The judge who made the order under subsection (1) or another judge of the same court may vary its terms and conditions. Expenses (6) A person named in an order made under subsection (1) is entitled to be paid the travel and living expenses to which the person would be entitled if the person were required to attend as a witness before the judge who made the order. Other laws to apply 30.17 (1) When a person gives evidence or a statement pursuant to an order made under subsection 30.16(1), the person shall give the evidence or statement as though he or she were physically before the court or tribunal outside Canada, in accordance with the laws of evidence and procedure applicable to that court or tribunal, but may refuse to give evidence or a statement, in whole or in part, if giving the evidence or statement would disclose information that is protected by the Canadian law of non-disclosure of information or privilege. Statement of reasons for refusal (2) A person named in an order made under subsection 30.16(1) who refuses to give evidence or a statement on the grounds that it would disclose information that is protected by the Canadian law of non-disclosure of information or privilege shall, within seven days, give to the judge who made the order or another judge of the same court a detailed statement in writing of the reasons on which the person bases each refusal. Refusals (3) A judge to whom a statement is given under subsection (2) shall determine whether the reasons for refusal are well-founded and, if the judge determines that they are not, the judge shall order that the person named in the order made under subsection 30.16(1) give the evidence or statement. Contempt of court in Canada (4) When a witness gives evidence under section 30.16, the Canadian law relating to contempt of court applies with respect to a refusal by the person to answer a question or to produce a record or thing as ordered by the judge under that section. 2001-2002 Arrest warrant Concur 30.18 (1) The judge who made the order under subsection 30.11(1) or 30.16(1) or another judge of the same court may issue a warrant for the arrest of the person named in the order where the judge is satisfied, on an information in writing and under oath or solemn declaration, that (a) the person did not attend or remain in attendance as required by the order or is about to abscond; (b) the order was personally served on the person; and (c) in the case of an order made under subsection 30.11(1), the person is likely to give material evidence and, in the case of an order made under subsection 30.16(1), the foreign state believes that the testimony of the person would be relevant to the investigation or proceedings in respect of the conduct. Warrant effective throughout Canada (2) A warrant issued under subsection (1) may be executed anywhere in Canada by any peace officer. Order (3) A peace officer who arrests a person in execution of a warrant issued under subsection (1) shall, without delay, bring the person or cause the person to be brought before the judge who issued the warrant or another judge of the same court who may, to ensure compliance with the order made under subsection 30.11(1) or 30.16(1), order that the person be detained in custody or released on recognizance, with or without sureties. Copy of information (4) A person who is arrested in execution of a warrant issued under subsection (1) is entitled to receive, on request, a copy of the information on which the warrant was issued. Lending Exhibits Approval of loan request 30.19 (1) If the Minister of Justice approves a request of a foreign state under an agreement to have an exhibit that was admitted in evidence in a proceeding in respect of an offence in a court in Canada or in a proceeding before the Tribunal lent to the foreign state, the Minister shall provide the Commissioner with any documents or information necessary to apply for a loan order. �� Application for loan order C. 16 Compe (2) The Commissioner or the authorized representative of the Commissioner shall apply for a loan order in respect of the exhibit to the court that has possession of the exhibit, or to the Tribunal if it has possession of the exhibit, after having given reasonable notice to the parties to the proceedings and to (a) the Attorney General of Canada, in the case of an application to the Federal Court; (b) the attorney general of the province in which the exhibit is located, in the case of an application to a court other than the Federal Court; or (c) the Chairman of the Tribunal, in the case of an application to the Tribunal. Contents of application (3) An application made under subsection (2) must (a) contain a description of the exhibit requested to be lent; (b) designate a person or class of persons to whom the exhibit is sought to be given; (c) state the reasons for the request and, if any tests are sought to be performed on the exhibit, contain a description of the tests and a statement of the place where they will be performed; (d) state the place or places to which the exhibit is sought to be removed; and (e) specify the time at or before which the exhibit is to be returned. Making of loan order 30.2 (1) If the court or the Tribunal, as the case may be, is satisfied that the foreign state has requested the loan for a fixed period and has agreed to comply with the terms and conditions that the court or Tribunal proposes to include in any loan order, the court or Tribunal may, after having considered any representations of the persons to whom notice of the application was given in accordance with subsection 30.19(2), make a loan order. Terms of loan order (2) A loan order made under subsection (1) must (a) contain a description of the exhibit; 2001-2002 Concur (b) order the person who has possession of the exhibit to give it to a person designated in the order or who is a member of a class of persons so designated; (c) contain a description of any tests authorized to be performed on the exhibit, as well as a statement of the place where the tests must be performed; (d) fix the place or places to which the exhibit may be removed; and (e) fix the time at or before which the exhibit must be returned. Terms and conditions (3) A loan order made under subsection (1) may include any terms or conditions that the court or the Tribunal considers desirable, including those relating to the preservation of the exhibit. Variation of loan order 30.21 A court or the Tribunal may vary the terms and conditions of any loan order made by it. Copy of order to custodian 30.22 A copy of a loan order and of an order varying it shall be delivered by the Commissioner to the Minister of Justice and to the person who had possession of the exhibit when the loan order was made. Presumption of continuity 30.23 The burden of proving that an exhibit lent to a foreign state pursuant to a loan order made under subsection 30.2(1) and returned to Canada is not in the same condition as it was when the loan order was made or that it was tampered with after the loan order was made is on the party who makes that allegation and, in the absence of that proof, the exhibit is deemed to have been continuously in the possession of the court that made the loan order or the Tribunal, as the case may be. Appeal Appeal on question of law 30.24 (1) An appeal lies, with leave, on a question of law alone, to the court of appeal, within the meaning of section 2 of the Criminal Code, from an order or decision of a judge or a court in Canada made under this Part, other than an order or decision of the Federal Court — Trial Division or a judge of that Court, if the application for leave to �� C. 16 Compe appeal is made to a judge of the court of appeal within fifteen days after the order or decision. Appeal on question of law (2) An appeal lies, with leave, on a question of law alone, to the Federal Court of Appeal, from any order or decision of the Federal Court — Trial Division or the Tribunal made under this Part, if the application for leave to appeal is made to a judge of that Court within fifteen days after the order or decision. Evidence Obtained by Canada from Abroad Evidence 30.25 The Minister of Justice shall, on receiving evidence sent by a foreign state in response to a request made by Canada under an agreement, send it promptly to the Commissioner. Foreign records 30.26 (1) In a proceeding in respect of which Parliament has jurisdiction, a record or a copy of a record and any affidavit, certificate or other statement pertaining to the record made by a person who has custody or knowledge of the record, sent to the Minister of Justice by a foreign state in accordance with a Canadian request under an agreement, is not inadmissible in evidence by reason only that a statement contained in it is hearsay or a statement of opinion. Probative value (2) For the purpose of determining the probative value of a record or a copy of a record admitted in evidence under Part VII.1 or VIII, the court hearing the matter, or the Tribunal in proceedings before it, may examine the record or copy, receive evidence orally or by affidavit, or by a certificate or other statement pertaining to the record in which a person attests that the certificate or statement is made in conformity with the laws that apply to a foreign state, whether or not the certificate or statement is in the form of an affidavit attested to before an official of the foreign state, including evidence as to the circumstances in which the information con2001-2002 Concur tained in the record or copy was written, stored or reproduced, and may draw any reasonable inference from the form or content of the record or copy. Foreign things 30.27 In a proceeding in respect of which Parliament has jurisdiction, a thing and any affidavit, certificate or other statement pertaining to the thing made by a person in a foreign state as to the identity and possession of the thing from the time it was obtained until its sending to the Commissioner by the Minister of Justice in accordance with a Canadian request under an agreement, are not inadmissible in evidence by reason only that the affidavit, certificate or other statement contains hearsay or a statement of opinion. Status of certificate 30.28 An affidavit, certificate or other statement mentioned in section 30.26 or 30.27 is, in the absence of evidence to the contrary, proof of the statements contained in it without proof of the signature or official character of the person appearing to have signed it. General Confidentiality of foreign requests and evidence 30.29 (1) No person who performs or has performed duties or functions in the administration or enforcement of this Act shall communicate or allow to be communicated to any other person, except for the purposes of the administration or enforcement of this Act, (a) the contents of a request made to Canada from a foreign state or the fact of the request having been made; or (b) the contents of any record or thing obtained from a foreign state pursuant to a Canadian request. Confidentiality of Canadian evidence (2) No person who performs or has performed duties or functions in the administration or enforcement of this Act shall communicate or allow to be communicated to any other person, except to a Canadian law enforcement agency or for the purposes of the administration or enforcement of this Act, any information obtained under section 30.06 or 30.11. �� C. 16 Compe Exception (3) This section does not apply in respect of any information that has been made public. Records or other things already in Commissioner’s possession 30.291 (1) For greater certainty, any evidence requested by a foreign state under an agreement may be obtained for the purposes of giving effect to the request only in accordance with the agreement and the procedure set out in this Part, even in the case of records or other things already in the possession of the Commissioner. Exception (2) This section does not apply in respect of any information that has been made public or any information the communication of which was authorized by the person who provided the information. Preservation of informal arrangements 30.3 Nothing in this Part shall be construed so as to abrogate or derogate from any arrangement or agreement, other than an agreement under this Part, in respect of cooperation between the Commissioner and a foreign authority. 1990, c. 37, s. 29 4. Subsection 32(3) of the French version of the Act is replaced by the following: Traités (3) Ces ordonnances ne peuvent être rendues que si elles sont compatibles avec les traités, conventions, arrangements ou engagements concernant des brevets d’invention, des marques de commerce, des droits d’auteur ou des topographies de circuits intégrés conclus avec tout pays étranger et auxquels le Canada est partie. 1999, c. 2, s. 10(1) 5. (1) The portion of paragraph 33(1)(b) of the Act before subparagraph (i) is replaced by the following: (b) in the case of an offence under section 52.1 or 53, if the offence is committed or continued, 1999, c. 2, s. 10(1) (2) Subparagraph 33(1)(b)(ii) of the Act is replaced by the following: (ii) one or more persons are likely to suffer damage from the commission of the offence that will be substantially greater than any damage that persons named in the application are likely to suffer from an injunction issued under this subsection in the event that it is 2001-2002 Concur subsequently found that an offence under section 52.1 or 53 has not been committed, was not about to be committed and was not likely to be committed. 1999, c. 2, s. 10(1) (3) The portion of subsection 33(1.1) of the Act before paragraph (b) is replaced by the following: Deceptive telemarketing or notice (1.1) An injunction issued in respect of an offence under section 52.1 or 53 may forbid any person from supplying to another person a product that is or is likely to be used for the commission or continuation of such an offence, where the person being supplied or, in the case of a corporation, any of its officers or directors was previously (a) convicted of an offence under section 52.1 or 53 or an offence under section 52 in respect of conduct prohibited by section 52.1 or 53; or 6. The Act is amended by adding the following after section 52.1: Deceptive notice of winning a prize 53. (1) No person shall, for the purpose of promoting, directly or indirectly, any business interest or the supply or use of a product, send or cause to be sent by electronic or regular mail or by any other means a document or notice in any form , if the document or notice gives the general impression that the recipient has won, will win, or will on doing a particular act win, a prize or other benefit, and if the recipient is asked or given the option to pay money, incur a cost or do anything that will incur a cost. Non-application (2) Subsection (1) does not apply if the recipient actually wins the prize or other benefit and the person who sends or causes the notice or document to be sent (a) makes adequate and fair disclosure of the number and approximate value of the prizes or benefits, of the area or areas to which they have been allocated and of any fact within the person’s knowledge that materially affects the chances of winning; �� C. 16 Compe (b) distributes the prizes or benefits without unreasonable delay; and (c) selects participants or distributes the prizes or benefits randomly, or on the basis of the participants’ skill, in any area to which the prizes or benefits have been allocated. Due diligence (3) No person shall be convicted of an offence under this section who establishes that the person exercised due diligence to prevent the commission of the offence. Offences by employees or agents (4) In the prosecution of a corporation for an offence under this section, it is sufficient proof of the offence to establish that it was committed by an employee or agent of the corporation, whether or not the employee or agent is identified, unless the corporation establishes that the corporation exercised due diligence to prevent the commission of the offence. Liability of officers and directors (5) Where a corporation commits an offence under this section, any officer or director of the corporation who is in a position to direct or influence the policies of the corporation in respect of conduct prohibited by this section is a party to and guilty of the offence and is liable to the punishment provided for the offence, whether or not the corporation has been prosecuted or convicted, unless the officer or director establishes that the officer or director exercised due diligence to prevent the commission of the offence. Offence and punishment (6) Any person who contravenes this section is guilty of an offence and liable (a) on conviction on indictment, to a fine in the discretion of the court or to imprisonment for a term not exceeding five years, or to both; or (b) on summary conviction, to a fine not exceeding $200,000 or to imprisonment for a term not exceeding one year, or to both. 2001-2002 Sentencing Concur (7) In sentencing a person convicted of an offence under this section, the court shall consider, among other factors, the following aggravating factors: (a) the use of lists of persons previously deceived by the commission of an offence under section 52.1 or this section; (b) the particular vulnerability of recipients of the notices or documents referred to in subsection (1) to abusive tactics; (c) the amount of the proceeds realized by the person from the commission of an offence under this section; (d) previous convictions of the person under section 52 or 52.1 or this section; and (e) the manner in which information is conveyed, including the use of abusive tactics. Contravention of subsection 30.06(5) Destruction or alteration of records or things 7. The Act is amended by adding the following after section 65: 65.1 (1) Every person who, without good and sufficient cause, the proof of which lies on that person, contravenes subsection 30.06(5) is guilty of an offence and liable on summary conviction or on conviction on indictment to a fine not exceeding $5,000 or to imprisonment for a term not exceeding two years, or to both. (2) Every person who destroys or alters, or causes to be destroyed or altered, any record or thing in respect of which a search warrant is issued under section 30.06 or that is required to be produced pursuant to an order made under subsection 30.11(1) or 30.16(1) is guilty of an offence and liable (a) on conviction on indictment to a fine not exceeding $50,000 or to imprisonment for a term not exceeding five years, or to both; or (b) on summary conviction to a fine not exceeding $25,000 or to imprisonment for a term not exceeding two years, or to both. �� C. 16 Compe Refusal after objection overruled 65.2 (1) Every person who, without good and sufficient cause, the proof of which lies on that person, refuses to answer a question or to produce a record or thing to the person designated under paragraph 30.11(2)(c) after a judge has ruled against the objection under paragraph 30.11(8)(a), is guilty of an offence and liable on conviction on indictment or on summary conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding two years, or to both. Refusal where no ruling made on objection (2) Every person is guilty of an offence and liable on summary conviction or on conviction on indictment to a fine not exceeding $5,000 or to imprisonment for a term not exceeding two years, or to both, who, without good and sufficient cause, the proof of which lies on that person, refuses to answer a question or to produce a record or thing to the person designated under paragraph 30.11(2)(c), where no ruling has been made under paragraph 30.11(8)(a), (a) without giving the detailed statement required by subsection 30.11(9); or (b) if the person was previously asked the same question or requested to produce the same record or thing and refused to do so and the reasons on which that person based the previous refusal were determined not to be well-founded by (i) a judge, if the reasons were based on the Canadian law of non-disclosure of information or privilege, or (ii) a court of the foreign state or by a person designated by the foreign state, if the reasons were based on a law that applies to the foreign state. 1999, c. 2, s. 21 8. Subsection 73(1) of the Act is replaced by the following: Jurisdiction of Federal Court 73. (1) Subject to this section, the Attorney General of Canada may institute and conduct any prosecution or other proceedings under section 34, any of sections 45 to 51 and section 61 or, where the proceedings are on indictment, under section 52, 52.1, 53, 55, 55.1 or 66, in the Federal Court — Trial Division, and 2001-2002 Concur for the purposes of the prosecution or other proceedings, the Federal Court — Trial Division has all the powers and jurisdiction of a superior court of criminal jurisdiction under the Criminal Code and under this Act. 1999, c. 2, s. 22 9. Subsection 74.07(2) of the Act is replaced by the following: Non-application (2) Sections 74.01 to 74.06 do not apply in respect of conduct prohibited by sections 52.1, 53, 55 and 55.1. 1999, c. 2, s. 22 10. (1) Subsection 74.11(2) of the Act is replaced by the following: Duration (2) Subject to subsection (5), the order has effect, or may be extended on application by the Commissioner, for such period as the court considers necessary and sufficient to meet the circumstances of the case. 1999, c. 2, s. 22 (2) Subsection 74.11(5) of the Act is replaced by the following: Duration of ex parte order (5) An order issued ex parte shall have effect for such period as is specified in it, not exceeding seven days unless, on further application made on notice as provided in subsection (3), the court extends the order for such additional period as it considers necessary and sufficient. Duty of Commissioner (6) Where an order issued under this section is in effect, the Commissioner shall proceed as expeditiously as possible to complete the inquiry under section 10 arising out of the conduct in respect of which the order was issued. 1999, c. 2, s. 22 11. Sections 74.12 and 74.13 of the Act are replaced by the following: Consent agreement 74.12 (1) The Commissioner and a person in respect of whom the Commissioner has applied or may apply for an order under this Part may sign a consent agreement. �� C. 16 Compe Terms of consent agreement (2) The consent agreement shall be based on terms that could be the subject of an order of a court against that person, and may include other terms, whether or not they could be imposed by the court. Registration (3) The consent agreement may be filed with the court for immediate registration. Effect of registration (4) Upon registration of the consent agreement, the proceedings, if any, are terminated and the consent agreement has the same force and effect, and proceedings may be taken, as if it were an order of the court. Rescission or variation of consent agreement or order 74.13 The court may rescind or vary a consent agreement that it has registered or an order that it has made under this Part, on application by the Commissioner or the person who consented to the agreement, or the person against whom the order was made, if the court finds that (a) the circumstances that led to the making of the agreement or order have changed and, in the circumstances that exist at the time the application is made, the agreement or order would not have been made or would have been ineffective in achieving its intended purpose; or (b) the Commissioner and the person who consented to the agreement have consented to an alternative agreement or the Commissioner and the person against whom the order was made have consented to an alternative order. R.S., c. 19 (2nd Supp.), s. 45; 1999, c. 2, par. 37(w) 11.1 (1) The portion of subsection 75(1) of the Act before paragraph (a) is replaced by the following: Jurisdiction of Tribunal where refusal to deal 75. (1) Where, on application by the Commissioner or a person granted leave under section 103.1, the Tribunal finds that 2001-2002 Concur (2) Subsection 75(1) of the Act is amended by striking out the word ‘‘and’’ at the end of paragraph (c), by adding the word ‘‘and’’ at the end of paragraph (d) and by adding the following after paragraph (d): (e) the refusal to deal is having or is likely to have an adverse effect on competition in a market, (3) Section 75 of the Act is amended by adding the following after subsection (3): Inferences (4) In considering an application by a person granted leave under section 103.1, the Tribunal may not draw any inference from the fact that the Commissioner has or has not taken any action in respect of the matter raised by the application. R.S., c. 19 (2nd Supp.), s. 45; 1999, c. 2, par. 37(y) 11.2 (1) The portion of subsection 77(2) of the Act before paragraph (a) is replaced by the following: Exclusive dealing and tied selling (2) Where, on application by the Commissioner or a person granted leave under section 103.1, the Tribunal finds that exclusive dealing or tied selling, because it is engaged in by a major supplier of a product in a market or because it is widespread in a market, is likely to R.S., c. 19 (2nd Supp.), s. 45; 1999, c. 2, par. 37(y) (2) Subsection 77(3) of the Act is replaced by the following: Market restriction (3) Where, on application by the Commissioner or a person granted leave under section 103.1, the Tribunal finds that market restriction, because it is engaged in by a major supplier of a product or because it is widespread in relation to a product, is likely to substantially lessen competition in relation to the product, the Tribunal may make an order directed to all or any of the suppliers against whom an order is sought prohibiting them from continuing to engage in market restriction and containing any other requirement that, in its opinion, is necessary to restore or �� C. 16 Compe stimulate competition in relation to the product. (3) Section 77 of the Act is amended by adding the following after subsection (6): Inferences (7) In considering an application by a person granted leave under section 103.1, the Tribunal may not draw any inference from the fact that the Commissioner has or has not taken any action in respect of the matter raised by the application. 11.3 Section 77 of the Act is amended by adding the following after subsection (3): Damage awards (3.1) For greater certainty, the Tribunal may not make an award of damages under this section to a person granted leave under subsection 103.1(7). 11.4 Section 79 of the Act is amended by adding the following after subsection (3): Administrative monetary penalty (3.1) Where the Tribunal makes an order under subsection (1) or (2) against an entity who operates a domestic service, as defined in subsection 55(1) of the Canada Transportation Act, it may also order the entity to pay, in such manner as the Tribunal may specify, an administrative monetary penalty in an amount not greater than $15 million. Aggravating or mitigating factors (3.2) In determining the amount of an administrative monetary penalty, the Tribunal shall take into account the following: (a) the frequency and duration of the practice; (b) the vulnerability of the class of persons adversely affected by the practice; (c) injury to competition in the relevant market; (d) the history of compliance with this Act by the entity; and (e) any other relevant factor. 2001-2002 Purpose of order Concur (3.3) The purpose of an order under subsection (3.1) is to promote practices that are in conformity with this section, not to punish. 11.5 The Act is amended by adding the following after section 79: Unpaid monetary penalty 79.1 The amount of an administrative monetary penalty imposed on an entity under subsection 79(3.1) is a debt due to Her Majesty in right of Canada and may be recovered as such from that entity in a court of competent jurisdiction. 12. The Act is amended by adding the following before section 104: Leave to make application under section 75 or 77 103.1 (1) Any person may apply to the Tribunal for leave to make an application under section 75 or 77. The application for leave must be accompanied by an affidavit setting out the facts in support of the person’s application under section 75 or 77. Notice (2) The applicant must serve a copy of the application for leave on the Commissioner and any person against whom the order under section 75 or 77 is sought. Certification by Commissioner (3) The Commissioner shall, within 48 hours after receiving a copy of an application for leave, certify to the Tribunal whether or not the matter in respect of which leave is sought (a) is the subject of an inquiry by the Commissioner; or (b) was the subject of an inquiry that has been discontinued because of a settlement between the Commissioner and the person against whom the order under section 75 or 77 is sought. Application discontinued (4) The Tribunal shall not consider an application for leave respecting a matter described in paragraph (3)(a) or (b) or a matter that is the subject of an application already submitted to the Tribunal by the Commissioner under section 75 or 77. Notice by Tribunal (5) The Tribunal shall as soon as practicable after receiving the Commissioner’s certification under subsection (3) notify the applicant and any person against whom the order is sought as to whether it can hear the application for leave. �� C. 16 Compe Representations (6) A person served with an application for leave may, within 15 days after receiving notice under subsection (5), make representations in writing to the Tribunal and shall serve a copy of the representations on any other person referred to in subsection (2). Granting leave to make application under section 75 or 77 (7) The Tribunal may grant leave to make an application under section 75 or 77 if it has reason to believe that the applicant is directly and substantially affected in the applicants’ business by any practice referred to in one of those sections that could be subject to an order under that section. Time and conditions for making application (8) The Tribunal may set the time within which and the conditions subject to which an application under section 75 or 77 must be made. The application must be made no more than one year after the practice that is the subject of the application has ceased. Decision (9) The Tribunal must give written reasons for its decision to grant or refuse leave and send copies to the applicant, the Commissioner and any other person referred to in subsection (2). Limitation (10) The Commissioner may not make an application for an order under section 75, 77 or 79 on the basis of the same or substantially the same facts as are alleged in a matter for which the Tribunal has granted leave under subsection (7), if the person granted leave has already applied to the Tribunal under section 75 or 77. Inferences (11) In considering an application for leave, the Tribunal may not draw any inference from the fact that the Commissioner has or has not taken any action in respect of the matter raised by it. Inquiry by Commissioner (12) If the Commissioner has certified under subsection (3) that a matter in respect of which leave was sought by a person is under inquiry and the Commissioner subsequently discontinues the inquiry other than by way of settlement, the Commissioner shall, as soon as practicable, notify that person that the inquiry is discontinued. 2001-2002 Concur Intervention by Commissioner 103.2 If a person granted leave under subsection 103.1(7) makes an application under section 75 or 77, the Commissioner may intervene in the proceedings. Interim order 103.3 (1) Subject to subsection (2), the Tribunal may, on ex parte application by the Commissioner in which the Commissioner certifies that an inquiry is being made under paragraph 10(1)(b) , issue an interim order (a) to prevent the continuation of conduct that could be the subject of an order under any of sections 75 to 77, 79, 81 or 84; or (b) to prevent the taking of measures under section 82 or 83. Limitation (2) The Tribunal may make the interim order if it finds that the conduct or measures could be of the type described in paragraph (1)(a) or (b) and that, in the absence of an interim order, (a) injury to competition that cannot adequately be remedied by the Tribunal is likely to occur; (b) a person is likely to be eliminated as a competitor; or (c) a person is likely to suffer a significant loss of market share, a significant loss of revenue or other harm that cannot be adequately remedied by the Tribunal. Consultation (3) Before making an application for an order to prevent the continuation of conduct that could be the subject of an order under any of sections 75 to 77, 79, 81 or 84 by an entity incorporated under the Bank Act, the Insurance Companies Act, the Trust and Loan Companies Act or the Cooperative Credit �� C. 16 Compe Associations Act or a subsidiary of such an entity, the Commissioner must consult with the Minister of Finance respecting the safety and soundness of the entity. Duration (4) Subject to subsections (5) and (6), an interim order has effect for 10 days, beginning on the day on which it is made. Extension or revocation of order (5) The Tribunal may, on application by the Commissioner on 48 hours notice to each person against whom the interim order is directed, (a) extend the interim order once or twice for additional periods of 35 days each; or (b) rescind the order. Application to Tribunal for extension (5.1) The Commissioner may, before the expiry of the second 35-day period referred to in subsection (5) or of the period fixed by the Tribunal under subsection (7), as the case may be, apply to the Tribunal for a further extension of the interim order. Notice of application by Commissioner (5.2) The Commissioner shall give at least 48 hours notice of an application referred to in subsection (5.1) to the person against whom the interim order is made. Extension of interim order (5.3) The Tribunal may order that the effective period of the interim order be extended if (a) the Commissioner establishes that information requested for the purpose of the inquiry has not yet been provided or that more time is needed in order to review the information; (b) the information was requested during the initial period that the interim order had effect, within the first 35 days after an order extending the interim order under subsection (5) had effect, or within the first 35 days after an order extending the interim order made under subsection (7) had effect, as the case may be, and 2001-2002 Concur (i) the provision of such information is the subject of a written undertaking, or (ii) the information was ordered to be provided under section 11; and (c) the information is reasonably required to determine whether grounds exist for the Commissioner to make an application under any section referred to in paragraph (1)(a) or (b). Terms (5.4) An order extending an interim order issued under subsection (5.3) shall have effect for such period as the Tribunal considers necessary to give the Commissioner a reasonable opportunity to receive and review the information referred to in that subsection. Effect of application (5.5) If an application is made under subsection (5.1), the interim order has effect until the Tribunal makes a decision whether to grant an extension under subsection (5.3). When application made to Tribunal (6) If an application is made under subsection (7), an interim order has effect until the Tribunal makes an order under that subsection. Confirming or setting aside interim order (7) A person against whom the Tribunal has made an interim order may apply to the Tribunal in the first 10 days during which the order has effect to have it varied or set aside and the Tribunal shall (a) if it is satisfied that one or more of the situations set out in paragraphs (2)(a) to (c) existed or are likely to exist, make an order confirming the interim order, with or without variation as the Tribunal considers necessary and sufficient to meet the circumstances, and fix the effective period of that order for a maximum of 70 days, beginning on the day on which the order confirming the interim order is made; and (b) if it is not satisfied that any of the situations set out in paragraphs (2)(a) to (c) existed or is likely to exist, make an order setting aside the interim order. �� C. 16 Compe Notice (8) A person who makes an application under subsection (7) shall give the Commissioner 48 hours written notice of the application. Representations (9) At the hearing of an application under subsection (7), the Tribunal shall provide the applicant, the Commissioner and any person directly affected by the interim order with a full opportunity to present evidence and make representations before the Tribunal makes an order under that subsection. Prohibition of extraordinary relief (10) Notwithstanding section 13 of the Competition Tribunal Act, an interim order shall not be appealed or reviewed in any court except as provided for by subsection (7). Duty of Commissioner (11) When an interim order is in effect, the Commissioner shall proceed as expeditiously as possible to complete the inquiry arising out of the conduct in respect of which the order was made. R.S., c. 19 (2nd Supp.), s. 45; 1999, c. 2, par. 37(z.12) 13. (1) Subsection 104(1) of the Act is replaced by the following: Interim order 104. (1) Where an application has been made for an order under this Part, other than an interim order under section 100 or 103.3 , the Tribunal, on application by the Commissioner or a person who has made an application under section 75 or 77 , may issue such interim order as it considers appropriate, having regard to the principles ordinarily considered by superior courts when granting interlocutory or injunctive relief. R.S., c. 19 (2nd Supp.), s. 45; 1999, c. 2, par. 37 (z.12) (2) Subsection 104(3) of the Act is replaced by the following: Duty of Commissioner (3) Where an interim order issued under subsection (1) on application by the Commissioner is in effect, the Commissioner shall proceed as expeditiously as possible to complete proceedings under this Part arising out of the conduct in respect of which the order was issued. 2001-2002 Concur 13.1 Section 104.1 of the Act is amended by adding the following after subsection (5): Application to Tribunal for extension (5.1) The Commissioner may, before the expiry of the second 30-day period referred to in subsection (5) or of the period fixed by the Tribunal under subsection (7), as the case may be, apply to the Tribunal for a further extension of the temporary order. Notice of application by Commissioner (5.2) The Commissioner shall give at least 48 hours notice of an application referred to in subsection (5.1) to the person against whom the temporary order is made. Extension of temporary order (5.3) The Tribunal may order that the effective period of the temporary order be extended if (a) the Commissioner establishes that information requested for the purpose of the inquiry has not yet been provided or that more time is needed in order to review the information; (b) the information was requested within the initial period that the temporary order had effect, within the first 30 days after an order extending the temporary order under subsection (5) had effect, or within the first 30 days after an order extending the temporary order made under subsection (7) had effect, as the case may be, and (i) the provision of such information is the subject of a written undertaking, or (ii) the information was ordered to be provided under section 11; and (c) the information is reasonably required to determine whether grounds exist for the Commissioner to make an application under section 79. Terms (5.4) An order extending a temporary order issued under subsection (5.3) shall have effect for such period as the Tribunal considers necessary to give the Commissioner a reasonable opportunity to receive and review the information referred to in that subsection. �� Effect of application R.S., c. 19, (2nd Supp.), s. 45; 1999, c. 2, par. 37(z.13) Consent agreement C. 16 Compe (5.5) If an application is made under subsection (5.1), the temporary order has effect until the Tribunal makes a decision whether to grant an extension under subsection (5.3). 14. Sections 105 and 106 of the Act are replaced by the following: 105. (1) The Commissioner and a person in respect of whom the Commissioner has applied or may apply for an order under this Part, other than an interim order under section 103.3 or a temporary order under section 104.1, may sign a consent agreement. Terms of consent agreement (2) The consent agreement shall be based on terms that could be the subject of an order of the Tribunal against that person. Registration (3) The consent agreement may be filed with the Tribunal for immediate registration. Effect of registration (4) Upon registration of the consent agreement, the proceedings, if any, are terminated, and the consent agreement has the same force and effect, and proceedings may be taken, as if it were an order of the Tribunal. Rescission or variation of consent agreement or order 106. (1) The Tribunal may rescind or vary a consent agreement or an order made under this Part other than an order under section 103.3 or 104.1 or a consent agreement under section 106.1 , on application by the Commissioner or the person who consented to the agreement, or the person against whom the order was made, if the Tribunal finds that (a) the circumstances that led to the making of the agreement or order have changed and, in the circumstances that exist at the time the application is made, the agreement or order would not have been made or would have been ineffective in achieving its intended purpose; or (b) the Commissioner and the person who consented to the agreement have consented to an alternative agreement or the Commissioner and the person against whom the order was made have consented to an alternative order. 2001-2002 Concur Directly affected persons (2) A person directly affected by a consent agreement, other than a party to that agreement, may apply to the Tribunal within 60 days after the registration of the agreement to have one or more of its terms rescinded or varied. The Tribunal may grant the application if it finds that the person has established that the terms could not be the subject of an order of the Tribunal. Consent agreement — parties to a private action 106.1 (1) If a person granted leave under section 103.1 makes an application to the Tribunal for an order under section 75 or 77 and the terms of the order are agreed to by the person in respect of whom the order is sought and consistent with the provisions of this Act, a consent agreement may be filed with the Tribunal for registration. Notice to Commissioner (2) On filing the consent agreement with the Tribunal for registration, the parties shall serve a copy of it on the Commissioner without delay. Publication (3) The consent agreement shall be published without delay in the Canada Gazette. Registration (4) The consent agreement shall be registered 30 days after its publication unless a third party makes an application to the Tribunal before then to cancel the agreement or replace it with an order of the Tribunal. Effect of registration (5) Upon registration, the consent agreement has the same force and effect, and proceedings may be taken, as if it were an order of the Tribunal. Commissioner may intervene (6) On application by the Commissioner, the Tribunal may vary or rescind a registered consent agreement if it finds that the agreement has or is likely to have anti-competitive effects. Notice (7) The Commissioner must give notice of an application under subsection (6) to the parties to the consent agreement. �� R.S., c. 19 (2nd Supp.), s. 45 C. 16 Compe 15. The headings before section 125 of the Act are replaced by the following: PART X GENERAL Commissioner’s Opinions Application for written opinion 124.1 (1) Any person may apply to the Commissioner, with supporting information, for an opinion on the applicability of any provision of this Act or the regulations to conduct or a practice that the applicant proposes to engage in, and the Commissioner may provide a written opinion for the applicant’s guidance. Opinion binding (2) If all the material facts have been submitted by or on behalf of an applicant for an opinion and they are accurate, a written opinion provided under this section is binding on the Commissioner. It remains binding for so long as the material facts on which the opinion was based remain substantially unchanged and the conduct or practice is carried out substantially as proposed. References to Tribunal Reference if parties agree 124.2 (1) The Commissioner and a person who is the subject of an inquiry under section 10 may by agreement refer to the Tribunal for determination any question of law, mixed law and fact, jurisdiction, practice or procedure, in relation to the application or interpretation of Part VII.1 or VIII, whether or not an application has been made under Part VII.1 or VIII. Reference by Commissioner (2) The Commissioner may, at any time, refer to the Tribunal for determination a question of law, jurisdiction, practice or procedure, in relation to the application or interpretation of Parts VII.1 to IX. Reference by agreement of parties to a private action (3) A person granted leave under section 103.1 and the person against whom an order is sought under section 75 or 77 may by agreement refer to the Tribunal for determination any question of law, or mixed law and fact, in relation to the application or interpretation of Part VIII, if the Tribunal grants 2001-2002 Concur them leave. They must send a notice of their application for leave to the Commissioner, who may intervene in the proceedings. Reference procedure (4) The Tribunal shall decide the questions referred to it informally and expeditiously, in accordance with any rules on references made under section 16 of the Competition Tribunal Act. Representations to Boards, Commissions or Other Tribunals R.S., c. 19, (2nd Supp.), Part I COMPETITION TRIBUNAL ACT 16. Paragraph 3(2)(a) of the Competition Tribunal Act is replaced by the following: (a) not more than six members to be appointed from among the judges of the Federal Court — Trial Division by the Governor in Council on the recommendation of the Minister of Justice; and 1999, c. 2, s. 41 16.1 Subsection 8(1) of the Act is replaced by the following: Jurisdiction 8. (1) The Tribunal has jurisdiction to hear and dispose of all applications made under Part VII.1 or VIII of the Competition Act and any related matters, as well as any matter under Part IX of that Act that is the subject of a reference under subsection 124.2(2) of that Act. 17. The Act is amended by adding the following after section 8: Costs 8.1 (1) The Tribunal may award costs of proceedings before it in respect of reviewable matters under Parts VII.1 and VIII of the Competition Act on a final or interim basis, in accordance with the provisions governing costs in the Federal Court Rules, 1998 . �� C. 16 Compe Payment (2) The Tribunal may direct by whom and to whom any costs are to be paid and by whom they are to be taxed and allowed. Award against the Crown (3) The Tribunal may award costs against Her Majesty in right of Canada. Costs adjudged to Her Majesty in right of Canada (4) Costs adjudged to Her Majesty in right of Canada shall not be disallowed or reduced on taxation by reason only that counsel who earned the costs, or in respect of whose services the costs are charged, was a salaried officer of Her Majesty in right of Canada performing those services in the discharge of that counsel’s duty and remunerated for those services by salary, or for that or any other reason was not entitled to recover any costs from Her Majesty in right of Canada in respect of the services so rendered. Amounts to Receiver General (5) Any money or costs awarded to Her Majesty in right of Canada in a proceeding in respect of which this section applies shall be paid to the Receiver General. 18. Section 9 of the Act is amended by adding the following after subsection (3): Summary dispositions (4) On a motion from a party to an application made under Part VII.1 or VIII of the Competition Act, a judicial member may hear and determine the application in a summary way, in accordance with any rules on summary dispositions. Decision (5) The judicial member may dismiss the application in whole or in part if the member finds that there is no genuine basis for it. The member may allow the application in whole or in part if satisfied that there is no genuine basis for the response to it. 2000, c. 15. s. 16 19. Subsection 11(1) of the Act is replaced by the following: Hearing of applications 11. (1) The Chairman of the Tribunal, sitting alone, or a judicial member designated by the Chairman, sitting alone, may hear and dispose of applications under subsection 4.1(2) or (4) or 100(1), section 103.1 or 103.3 or subsection 104(1) or 104.1(7) of the Competition Act and any related matters. 2001-2002 Concur COMING INTO FORCE Coming into force 20. The provisions of this Act, and the provisions of any Act as enacted by this Act, come into force on a day or days to be fixed by order of the Governor in Council. Published under authority of the Speaker of the House of Commons Available from: Public Works and Government Services Canada — Publishing, Ottawa, Canada K1A 0S9 ��������� ����� ������ ����� ��� ���������� �������� �������������������� ������� ������ ��� ���

First Session, Thirty-seventh Parliament, 49-50-51 Elizabeth II, 2001-2002 STATUTES OF CANADA 2002 CHAPTER 17 An Act to amend certain Acts and instruments and to repeal the Fisheries Prices Support Act BILL C-43 ASSENTED TO 13th JUNE, 2002 RECOMMENDATION Her Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled ‘‘An Act to amend certain Acts and instruments and to repeal the Fisheries Prices Support Act’’. SUMMARY This enactment amends certain Acts and instruments and repeals the Fisheries Prices Support Act. ��� ������������� ������������ ��� ��������� �� ��� ������������� �������� ������������� �� ��� ��������� �������� ��������������������� TABLE OF PROVISIONS AN ACT TO AMEND CERTAIN ACTS AND INSTRUMENTS AND TO REPEAL THE FISHERIES PRICES SUPPORT ACT AMENDMENTS 1. Access to Information Act 2-4. Atlantic Canada Opportunities Agency Act 5-15. Canadian Film Development Corporation Act 16. Financial Administration Act 17-18. Lieutenant Governors Superannuation Act 19-20. National Capital Act 21. National Film Act 22-23. Nuclear Safety and Control Act 24. Payments in Lieu of Taxes Act 25. Privacy Act 26-27. Public Service Staff Relations Act 28-29. Special Retirement Arrangements Act 30. Telecommunications Act 31. Yukon First Nations Self-Government Act REPEAL OF THE FISHERIES PRICES SUPPORT ACT Repeal 32. Repeal of R.S., c. F-23 Transitional 33. Definitions 34. Board dissolved 35. Rights and obligations transferred 36. Commencement of legal proceedings 37. Order in council COMING INTO FORCE SCHEDULE 49-50-51 ELIZABETH II CHAPTER 17 An Act to amend certain Acts and instruments and to repeal the Fisheries Prices Support Act [Assented to 13th June, 2002] Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: AMENDMENTS R.S., c. A-1 Access to Information Act 1. Schedule I to the Access to Information Act is amended by striking out the following under the heading ‘‘Other Government Institutions’’: Fisheries Prices Support Board Office des prix des produits de la pêche R.S., c. 41 (4th Supp.), Part I Atlantic Canada Opportunities Agency Act 2. Subsection 6(2) of the Atlantic Canada Opportunities Agency Act is replaced by the following: Agreements with provinces (2) The Minister may enter into agreements with the government of any province or provinces in Atlantic Canada respecting the carrying out of any program or project of the Agency. 3. Section 13 of the Act is amended by striking out the word ‘‘and’’ at the end of paragraph (h) and by adding the following after paragraph (h): (h.1) enter into an arrangement with the Enterprise Cape Breton Corporation that allows that corporation, within the limits of its objects and powers as set out in sections 33 and 34 of the Enterprise Cape Breton Corporation Act, to exercise the powers or � C. 17 Amendm perform the duties or functions of the Agency under this section, including the power to enter into agreements that commit moneys appropriated by Parliament for the purposes of the Agency; and 4. Subsection 19(1) of the Act is replaced by the following: Meetings R.S., c. C-16 19. (1) The Board shall meet at such times, but at least once in each year , and at such places as the President may select. Canadian Film Development Corporation Act 5. The long title of the Canadian Film Development Corporation Act is replaced by the following: An Act establishing Telefilm Canada 6. Section 1 of the Act is replaced by the following: Short title 1. This Act may be cited as the Telefilm Canada Act. 7. The definition ‘‘Corporation’’ in section 2 of the Act is replaced by the following: ‘‘Corporation’’ « Société » ‘‘Corporation’’ means Telefilm Canada , established by section 3; 8. Section 3 of the Act and the heading before it are replaced by the following: CONSTITUTION OF TELEFILM CANADA Corporation established 3. There is hereby established a corporation, to be known as Telefilm Canada , consisting of six members to be appointed by the Governor in Council as provided in section 4 and the Government Film Commissioner appointed under the National Film Act. 9. (1) Subsection 19(1) of the Act is replaced by the following: Advance Account for corporation 19. (1) There shall be established in the accounts of Canada a special account to be known as the Telefilm Canada Advance Account. 2001-2002 Modific (2) Paragraph 19(2)(b) of the English version of the Act is replaced by the following: (b) out of amounts credited to the Telefilm Canada Advance Account under subsection (3), (3) The portion of subsection 19(3) of the Act before paragraph (a) is replaced by the following: Amounts to be credited to Account (3) The Corporation shall pay to the Receiver General, to be deposited in the Consolidated Revenue Fund and credited to the Telefilm Canada Advance Account, all amounts received by the Corporation as or on account of Powers, duties and functions 10. Wherever, under any Act of Parliament, any instrument made under an Act of Parliament or any contract, lease, licence or other document, a power, duty or function is vested in or exercisable by the Canadian Film Development Corporation, that power, duty or function is vested in or exercisable by Telefilm Canada. References 11. Every reference to the Canadian Film Development Corporation in any deed, contract or other document executed by the Canadian Film Development Corporation in its own name shall, unless the context otherwise requires, be read as a reference to Telefilm Canada. Rights and obligations transferred 12. All rights and property of the Canadian Film Development Corporation, rights and property held in its name or held in trust for it and all its obligations and liabilities are deemed to be rights, property, obligations and liabilities of Telefilm Canada. Continuation of legal proceedings 13. Any legal proceeding to which the Canadian Film Development Corporation is party pending in any court immediately before the day on which this section comes into force may be continued by or against Telefilm Canada in the same manner and to the same extent as it could have been continued by or against the Canadian Film Development Corporation. � Consequential amendments — other Acts C. 17 Amendm 14. Unless the context requires otherwise, ‘‘Canadian Film Development Corporation’’ and ‘‘the Canadian Film Development Corporation’’ are replaced by ‘‘Telefilm Canada’’ in every Act of Parliament other than the Telefilm Canada Act, and more particularly in the following provisions: (a) Schedule I to the Access to Information Act under the heading ‘‘Other Government Institutions’’; (b) Schedule I to the Federal-Provincial Fiscal Arrangements Act; (c) subsection 85(1) of the Financial Administration Act; (d) Schedule III to the Payments in Lieu of Taxes Act; (e) in the National Film Act, (i) paragraph 4(1)(b), (ii) subsection 4(2), and (iii) section 6; (f) the schedule to the Privacy Act under the heading ‘‘Other Government Institutions’’; and (g) Part I of Schedule I to the Public Service Superannuation Act. Consequential amendments — regulations 15. (1) Unless the context requires otherwise, ‘‘Canadian Film Development Corporation’’ and ‘‘the Canadian Film Development Corporation’’ are replaced by ‘‘Telefilm Canada’’ in every regulation, as defined in section 2 of the Statutory Instruments Act, and more particularly in the following provisions: (a) paragraph 2(c) of the Cinematographic Works (Right to Remuneration) Regulations; (b) paragraph 1(b) of the Specified Crown Agents (GST/HST) Regulations; (c) paragraph 6(b) of the Garnishment and Attachment Regulations; (d) Schedule I to the Public Service Superannuation Regulations; and (e) Part II of the schedule to the Retirement Compensation Arrangements Regulations, No. 2. 2001-2002 Modific SI/83-113 (2) Item 20 of the schedule to the Access to Information Heads of Government Institutions Designation Order is amended by replacing ‘‘Canadian Film Development Corporation’’ in column I with ‘‘Telefilm Canada’’ and that item is renumbered as item 98.01 and repositioned accordingly. SI/83-114 (3) Item 21 of the schedule to the Privacy Act Heads of Government Institutions Designation Order is amended by replacing ‘‘Canadian Film Development Corporation’’ in column I with ‘‘Telefilm Canada’’ and that item is renumbered as item 104.01 and repositioned accordingly. R.S., c. F-11 Financial Administration Act 16. Schedule II to the Financial Administration Act is amended by striking out the following: Fisheries Prices Support Board Office des prix des produits de la pêche R.S., c. L-8 Lieutenant Governors Superannuation Act 17. The definition ‘‘deferred pension’’ in section 2 of the Lieutenant Governors Superannuation Act is replaced by the following: ‘‘deferred pension’’ « pension différée » ‘‘deferred pension’’ means a pension that becomes payable to a person at the time he or she reaches sixty years of age; 18. (1) Subparagraphs 3(1)(a)(i) and (ii) of the Act are replaced by the following: (i) if he or she has reached the age of sixty years or is disabled, to an immediate pension calculated in accordance with subsection (2), or (ii) if he or she has not reached the age of sixty years, subject to subsection (3), to (A) a deferred pension, calculated in accordance with subsection (2), or (B) a return of the total contributions made by him or her under this Part, together with interest, if any, calculated pursuant to subsection (5), at his or her option; and � C. 17 Amendm (2) Paragraph 3(1)(b) of the Act is replaced by the following: (b) entitled, if he or she becomes disabled not having reached sixty years of age but having become entitled to a deferred pension, to an immediate pension calculated in accordance with subsection (2), in which case he or she ceases to be entitled to a deferred pension referred to in clause (a)(ii)(A). R.S., c. N-4 1995, c. 29, s. 54(2) National Capital Act 19. Paragraphs 3(4)(a) to (e) of the National Capital Act are replaced by the following: (a) three, ordinarily resident in the National Capital Region, from local municipalities in Ontario, at least two of whom must be from the city of Ottawa; (b) two, ordinarily resident in the National Capital Region, from local municipalities in Quebec, at least one of whom shall be from the section of the city of Gatineau that is west of the Gatineau River; and (c) eight from Canada generally, other than from a city or municipality referred to in either of paragraphs (a) or (b) . 20. The schedule to the Act is replaced by the schedule set out in the schedule to this Act. R.S., c. N-8 1997, c. 9 National Film Act 21. Subsection 13(4) of the National Film Act is repealed. Nuclear Safety and Control Act 22. Subsection 16(1) of the Nuclear Safety and Control Act is replaced by the following: Employment of staff 16. (1) The Commission may, notwithstanding any other Act of Parliament, appoint and employ such professional, scientific, technical or other officers or employees as it considers necessary for the purposes of this Act and may establish the terms and conditions of their employment and, in consultation with the Treasury Board, fix their remuneration. 23. Subsection 17(1) of the Act is replaced by the following: 2001-2002 Technical assistance R.S., c. M-13 Modific 17. (1) The Commission may enter into contracts for the services of any persons having technical or specialized knowledge of any matter relating to the work of the Commission, to advise and assist the Commission in the exercise or performance of any of its powers, duties or functions under this Act, and those persons shall receive such payment for their services and such expenses as are fixed by the Commission. Payments in Lieu of Taxes Act 24. Schedule III to the Payments in Lieu of Taxes Act is amended by striking out the following: Fisheries Prices Support Board Office des prix des produits de la pêche R.S., c. P-21 Privacy Act 25. The schedule to the Privacy Act is amended by striking out the following under the heading ‘‘Other Government Institutions’’: Fisheries Prices Support Board Office des prix des produits de la pêche R.S., c. P-35 Public Service Staff Relations Act 26. The definition ‘‘employee’’ in subsection 2(1) of the Public Service Staff Relations Act is amended by striking out the word ‘‘or’’ at the end of paragraph (l), by adding the word ‘‘or’’ at the end of paragraph (m) and by adding the following after paragraph (m): (n) a person who is employed by the Canadian Food Inspection Agency established by the Canadian Food Inspection Agency Act under a program designated by the Agency as a student employment program, 27. Part I of Schedule I to the Act is amended by striking out the following: Fisheries Prices Support Board Office des prix des produits de la pêche � 1992, c. 46, Sch. I C. 17 Amendm Special Retirement Arrangements Act 28. Subparagraphs 10(a)(i) to (iii) of the Special Retirement Arrangements Act are replaced by the following: (i) who is required to contribute to the Superannuation Account referred to in section 4 of the Public Service Superannuation Act or to the Public Service Pension Fund as defined in subsection 3(1) of that Act, (ii) who is required to contribute to the Canadian Forces Superannuation Account referred to in section 4 of the Canadian Forces Superannuation Act or to the Canadian Forces Pension Fund as defined in subsection 2(1) of that Act, (iii) who is required to contribute to the Royal Canadian Mounted Police Superannuation Account referred to in section 4 of the Royal Canadian Mounted Police Superannuation Act or to the Royal Canadian Mounted Police Pension Fund as defined in subsection 3(1) of that Act, 29. (1) Paragraphs 11(1)(a) to (c) of the Act are replaced by the following: (a) who, on or after that day, is required to contribute to the Superannuation Account referred to in section 4 of the Public Service Superannuation Act or to the Public Service Pension Fund as defined in subsection 3(1) of that Act and whose annual rate of salary is greater than the annual rate of salary that is fixed by any regulations made under paragraph 42.1(1)(a) of that Act or is greater than the annual rate that may be determined in the manner prescribed by those regulations; (b) who, on or after that day, is required to contribute to the Canadian Forces Superannuation Account referred to in section 4 of the Canadian Forces Superannuation Act or to the Canadian Forces Pension Fund as defined in subsection 2(1) of that Act and whose annual rate of pay is greater than the annual rate of pay that is fixed by the 2001-2002 Modific regulations made under paragraph 50.1(1)(a) of that Act or is greater than the annual rate that may be determined in the manner prescribed by those regulations; (c) who, on or after that day, is required to contribute to the Royal Canadian Mounted Police Superannuation Account referred to in section 4 of the Royal Canadian Mounted Police Superannuation Act or to the Royal Canadian Mounted Police Pension Fund as defined in subsection 3(1) of that Act and whose annual rate of pay is greater than the annual rate of pay that is fixed by the regulations made under paragraph 26.1(1)(a) of that Act or is greater than the annual rate that may be determined in the manner prescribed by those regulations; (2) Paragraphs 11(3)(a) to (c) of the Act are replaced by the following: (a) paragraph 5(6)(b) of the Public Service Superannuation Act; (b) subsection 5(6) of the Canadian Forces Superannuation Act; (c) subsection 5(9) of the Royal Canadian Mounted Police Superannuation Act; or 1993, c. 38 Telecommunications Act 30. Subsection 73(4) of the Telecommunications Act is replaced by the following: Consent of Minister required (4) A prosecution may not be commenced under this section in respect of a contravention of any provision of Part I, of section 17, of Part IV.1 or of any regulations made under subsection 22(2) or section 69.4 , or in respect of a material misrepresentation of fact or an omission to state a material fact to the Minister, without the consent of the Minister. 1994, c. 35 Yukon First Nations Self-Government Act 31. Subsection 10(6) of the French version of the Yukon First Nations Self-Government Act is replaced by the following: �� Admission d’office C. 17 Amendm (6) Est admis d’office dans toute procédure le texte législatif — tiré du recueil commun — de la première nation dont le nom figure à l’annexe II. REPEAL OF THE FISHERIES PRICES SUPPORT ACT Repeal Repeal of R.S., c. F-23 32. The Fisheries Prices Support Act is repealed. Transitional Definitions 33. The following definitions apply in sections 34 to 36. ‘‘Board’’ « Office » ‘‘Board’’ means the Fisheries Prices Support Board, established under subsection 3(1) of the Fisheries Prices Support Act. ‘‘Her Majesty’’ « Sa Majesté » ‘‘Her Majesty’’ means Her Majesty in right of Canada. ‘‘Minister’’ « ministre » ‘‘Minister’’ means the Minister of Fisheries and Oceans. Board dissolved 34. The Board is hereby dissolved. Rights and obligations transferred 35. (1) All rights and property held by or in the name of or in trust for the Board and all obligations and liabilities of the Board are deemed to be rights, property, obligations and liabilities of Her Majesty. References (2) Every reference to the Board in any deed, contract or other document executed by the Board in its own name shall, unless the context otherwise requires, be read as a reference to Her Majesty. Closing out affairs (3) The Minister may perform and do all acts and things necessary for and incidental to closing out the affairs of the Board. Commencement of legal proceedings 36. (1) Any action, suit or other legal proceeding in respect of any obligation or liability incurred by the Board, or by the Minister in closing out the affairs of the Board, may be brought against Her Majesty in any court that would have had jurisdiction if the action, suit or proceeding had been brought against the Board. 2001-2002 Modific Commencement of legal proceedings (2) Any action, suit or other legal proceeding in respect of any right of the Board, or any right acquired by the Minister in closing out the affairs of the Board, may be brought by Her Majesty in any court that would have had jurisdiction if the action, suit or proceeding had been brought by the Board. Continuation of legal proceedings (3) Any action, suit or other legal proceeding to which the Board is a party pending in any court on the coming into force of this section may be continued by or against Her Majesty in the like manner and to the same extent as it could have been continued by or against the Board. Order in council 37. The provisions of this Act, and the provisions of any Act as enacted by this Act, come into force on a day or days to be fixed by order of the Governor in Council. COMING INTO FORCE �� C. 17 Amendments — SCHEDULE (Section 20) SCHEDULE (Section 2) DESCRIPTION OF NATIONAL CAPITAL REGION A territory composed of part of the provinces of Ontario and Quebec, and comprising part of the Township of Beckwith and part of the Town of Mississippi Mills in the County of Lanark, part of the Township of Russell in the United Counties of Prescott and Russell, and part of the City of Ottawa, all in the Province of Ontario; the whole of the Municipalities of Cantley, Chelsea and Pontiac and part of the Municipalities of l’Ange-Gardien, La Pêche, Notre-Dame-de-la-Salette and Val-des-Monts in the Municipalité régionale de comté des Collines-de-l’Outaouais, and part of the City of Gatineau, all in the Province of Quebec, and including with reference to the cadastres of the Province of Quebec, the lots or part of lots, blocks or part of blocks, their present or future subdivisions, as well as highways, railway right-of-ways, islands, watercourses or parts thereof; the whole confined within the boundaries described as follows: Commencing at a point on the south shore of the Ottawa River where it is intersected by the boundary between the geographic Township of McNab and the geographic Township of Fitzroy; thence southwesterly along the said boundary to the line between the northeast and southwest halves of the Lots in Concession II, geographic Township of Fitzroy; thence southeasterly along the last-mentioned line to the line between Lots 21 and 22, Concession II, geographic Township of Fitzroy; thence southwesterly along the last-mentioned line and along the line between Lots 21 and 22, Concession I, geographic Township of Fitzroy, to the boundary between the said geographic Township of Fitzroy and the geographic Township of Pakenham; thence southeasterly along the last-mentioned boundary to the line between Lots 21 and 22, Concession XII, geographic Township of Pakenham; thence southwesterly along the lastmentioned line to the line between the northeast and southwest halves of the Lots in Concession XII, geographic Township of Pakenham; thence southeasterly along the last-mentioned line to the line between Lots 16 and 17, Concession XII, geographic Township of Pakenham; thence southwesterly along the lastmentioned line and along the line between Lots 16 and 17, Concession XI, to the line between the northeast and southwest halves of the Lots in Concession XI, geographic Township of Pakenham; thence southeasterly along the last-mentioned line to the line between Lots 13 and 14, Concession XI, geographic Township of Pakenham; thence southwesterly along the lastmentioned line and along the lines between Lots 13 and 14, Concessions X and IX, to the line between the northeast and southwest halves of the Lots in Concession IX, geographic Township of Pakenham; thence southeasterly along the lastmentioned line to the line between Lots 7 and 8, Concession IX, geographic Township of Pakenham; thence southwesterly along the last-mentioned line and along the line between Lots 7 and 8, 2001-2002 Modifications Concession VIII, to the line between the northeast and southwest halves of the Lots in Concession VIII, geographic Township of Pakenham; thence southeasterly along the lastmentioned line to the boundary between the geographic Townships of Pakenham and Ramsay; thence southwesterly along the last-mentioned boundary to the road between Concessions VII and VIII, geographic Township of Ramsay; thence southeasterly along the said road to the side road between Lots 20 and 21, Concession VIII, geographic Township of Ramsay; thence northeasterly along the said side road to the line between the northeast and southwest halves of the Lots in Concession VIII, geographic Township of Ramsay; thence southeasterly along the last-mentioned line to the boundary between the geographic Townships of Ramsay and Beckwith; thence southwesterly along the last-mentioned boundary to the line between Lots 16 and 17, Concession XII, geographic Township of Beckwith; thence southeasterly along the last-mentioned line and along the line between Lots 16 and 17, Concession XI, geographic Township of Beckwith, to the northwesterly limit of the right-of-way of Canadian Pacific Limited; thence northeasterly along the last-mentioned limit to the boundary between the geographic Township of Beckwith and the geographic Township of Goulbourn; thence southeasterly along the last-mentioned boundary to the boundary between the geographic Townships of Goulbourn and Marlborough; thence northeasterly along the last-mentioned boundary to the boundary between the geographic Townships of Marlborough and North Gower; thence southeasterly along the last-mentioned boundary to the road between Lots 35 and 36, Concession IV, geographic Township of North Gower; thence easterly along the road between Lots 35 and 36 in Concessions IV, III and II and continuing easterly along the production of the said road to the easterly boundary of the geographic Township of North Gower, being the centre line of the Rideau River; thence northerly following the centre line of the Rideau River to the west boundary of the geographic Township of Osgoode; thence southerly along the last-mentioned boundary to the road between Lots 35 and 36 in the Broken Front Concession, geographic Township of Osgoode; thence easterly along the road between Lots 35 and 36 in the Broken Front and First Concessions and between Lots 34 and 35 in the Second Concession, and between Lots 35 and 36 in Concessions III, IV, V, VI, VII, VIII, IX, X and XI, geographic Township of Osgoode, and continuing along the road between Lots 5 and 6 in Concessions I, II, III, IV, V, VI, VII and VIII in the geographic Township of Russell to the road between Concessions VIII and IX of the said geographic Township of Russell; thence northerly along the last-mentioned road to the boundary between the geographic Townships of Russell and Cumberland; thence easterly along the last-mentioned boundary to the projected road between Concessions III and IV, geographic Township of Cumberland; thence northerly along the last-mentioned road to the line between Lots 1 and 2, Concession III, geographic Township of Cumberland; thence easterly along the last-mentioned line to the west boundary of Lot 10 in the Second Concession from the Ottawa River, sometimes called ‘‘The Old Survey’’, in the geographic Township of Cumberland; thence northerly along the said west boundary of Lot 10 in the Second Concession from the Ottawa River and along the west boundary of Lot 10 in the First Concession from the Ottawa River to the southerly shore of the Ottawa River; thence northerly across the said Ottawa River to the point on the northerly shore where it is intersected by the line between Lots 7 and 8, Range I, Township of Buckingham, in the Province of Quebec; �� C. 17 Amendments — thence northerly along the lines between Lots 7 and 8, Ranges I, II, III, IV, V, VI, VII, VIII, IX, X, XI and XII, Township of Buckingham, to the boundary between the Township of Buckingham and the Township of Derry; thence westerly along the last-mentioned boundary to the boundary between the Townships of Derry and Portland East; thence northerly along the last-mentioned boundary to the range line between Ranges III and IV of the said Township of Portland East; thence westerly along the last-mentioned range line to the boundary between the Townships of Portland East and Portland West; thence northerly along the last-mentioned boundary to the range line between Ranges IV and V of the said Township of Portland West; thence westerly along the last-mentioned range line to the easterly boundary of Lot 7, Range V, Township of Portland West; thence northerly along the last-mentioned boundary to the range line between Ranges V and VI, Township of Portland West; thence westerly along the last-mentioned range line to the easterly boundary of Lot 7, Range VI, Township of Portland West; thence northerly along the last-mentioned boundary to the range line between Ranges VI and VII, Township of Portland West; thence westerly along the last-mentioned range line to the easterly boundary of Lot 7, Range VII, Township of Portland West; thence northerly along the last-mentioned boundary to the range line between Ranges VII and VIII, Township of Portland West; thence westerly along the last-mentioned range line to the easterly boundary of Lot 7, Range VIII, Township of Portland West; thence northerly along the last-mentioned boundary to the range line between Ranges VIII and IX, Township of Portland West; thence westerly along the last-mentioned range line to the boundary between the Townships of Portland West and Denholm; thence southerly along the last-mentioned boundary to the boundary between the Townships of Denholm and Wakefield; thence westerly along the last-mentioned boundary to the line between Lots 25 and 26, Range XI, of the said Township of Wakefield; thence southerly along the lines between Lots 25 and 26, Ranges XI, X, IX, VIII, VII, VI and V, Township of Wakefield, to the range line between Ranges IV and V, Township of Wakefield; thence westerly along the lastmentioned range line to the line between Lots 4 and 5, Range V, Township of Wakefield; thence northerly along the lines between Lots 4 and 5, Ranges V, VI and VII, Township of Wakefield, to the range line between Ranges VII and VIII, Township of Wakefield; thence westerly along the last-mentioned range line to the boundary between the Townships of Wakefield and Masham; thence northerly along the last-mentioned boundary to the range line between Ranges VII and VIII, of the said Township of Masham; thence westerly along the last-mentioned range line to the boundary between the Townships of Masham and Aldfield; thence northerly along the last-mentioned boundary to the range line between Ranges II and III, of the said Township of Aldfield; thence westerly along the last-mentioned range line to the easterly boundary of the east range of the said Township of Aldfield; thence along the said easterly boundary of the east range of the Township of Aldfield to the line between Lots 14 and 15 of the said east range of the Township of Aldfield; thence westerly along the lines between Lots 14 and 15, east range and west range, Township of Aldfield to the westerly boundary of the west range of the said Township 2001-2002 Modifications of Aldfield; thence southerly along the said westerly boundary to the range line between Ranges I and II of the said Township of Aldfield; thence westerly along the last-mentioned range line to the boundary between the Township of Aldfield and the Township of Thorne; thence southerly along the last-mentioned boundary and continuing along the boundary between the Township of Onslow and the Township of Bristol and its projection onto the Ottawa River to the boundary line between the Province of Quebec and the Province of Ontario; thence southwesterly across the Ottawa River to the point of commencement; containing an area of four thousand seven hundred and fifteen square kilometres, more or less (�4715 km2). Published under authority of the Speaker of the House of Commons Available from: Public Works and Government Services Canada — Publishing, Ottawa, Canada K1A 0S9 ��������� ����� ������ ����� ��� ���������� �������� �������������������� ������� ������ ��� ���

Second Session, Thirty-seventh Parliament, 51 Elizabeth II, 2002 STATUTES OF CANADA 2002 CHAPTER 26 An Act to amend the Copyright Act BILL C-11 ASSENTED TO 12th DECEMBER, 2002 SUMMARY This enactment amends the Copyright Act to include, in the definition of ‘‘retransmitter’’applicable to section 31 of that Act, retransmitters who currently benefit from the compulsory licence regime (such as cable distribution undertakings and direct-to-home satellite distribution undertakings), while excluding new media retransmitters whose retransmissions are lawful under the Broadcasting Act by reason only of the Canadian Radio-television and Telecommunications Commission’s Public Notice CRTC 1999-197. The enactment also amends the conditions with which a retransmitter must comply in order to benefit from the compulsory licence regime, and enables the Governor in Council to make regulations prescribing additional conditions. ��� ������������� ������������ ��� ��������� �� ��� ������������� �������� ������������� �� ��� ��������� �������� ��������������������� 51 ELIZABETH II CHAPTER 26 An Act to amend the Copyright Act [Assented to 12th December, 2002] R.S., c. C-42 Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: 1997, c. 24, s. 2 1. Subsection 2.4(3) of the Copyright Act is replaced by the following: (3) A work is not communicated in the manner described in paragraph (1)(c) or 3(1)(f) where a signal carrying the work is retransmitted to a person who is a retransmitter within the meaning of subsection 31(1). Exception 1988, c. 65, s. 63; 1997, c. 24, s. 16 2. (1) The definition ‘‘retransmitter’’ in subsection 31(1) of the Act is replaced by the following: ‘‘retransmitter’’ « retransmetteur » ‘‘retransmitter’’ means a person who performs a function comparable to that of a cable retransmission system, but does not include a new media retransmitter; (2) Subsection 31(1) of the Act is amended by adding the following in alphabetical order: ‘‘new media retransmitter’’ « retransmetteur de nouveaux médias » ‘‘new media retransmitter’’ means a person whose retransmission is lawful under the Broadcasting Act only by reason of the Exemption Order for New Media Broadcasting Undertakings issued by the Canadian Radio-television and Telecommunications Commission as Appendix A to Public Notice CRTC 1999-197, as amended from time to time; 1988, c. 65, s. 63; 1997, c. 24, s. 16 and par. 52(1)(a)(F) (3) Subsections 31(2) and (3) of the Act are replaced by the following: � Retransmission of local and distant signals C. 26 Copyr (2) It is not an infringement of copyright for a retransmitter to communicate to the public by telecommunication any literary, dramatic, musical or artistic work if (a) the communication is a retransmission of a local or distant signal; (b) the retransmission is lawful under the Broadcasting Act; (c) the signal is retransmitted simultaneously and without alteration, except as otherwise required or permitted by or under the laws of Canada; (d) in the case of the retransmission of a distant signal, the retransmitter has paid any royalties, and complied with any terms and conditions, fixed under this Act; and (e) the retransmitter complies with the applicable conditions, if any, referred to in paragraph (3)(b). Regulations (3) The Governor in Council may make regulations (a) defining ‘‘local signal’’ and ‘‘distant signal’’ for the purposes of subsection (2); and (b) prescribing conditions for the purposes of paragraph (2)(e), and specifying whether any such condition applies to all retransmitters or only to a class of retransmitter. 1999, c. 31, s. 61 3. Subsection 72(1) of the Act is replaced by the following: Publication of proposed tariffs 72. (1) As soon as practicable after the receipt of a proposed tariff filed pursuant to section 71, the Board shall publish it in the Canada Gazette and shall give notice that, within sixty days after the publication of the tariff, educational institutions or prospective retransmitters within the meaning of subsection 31(1), or their representatives, may file written objections to the tariff with the Board. 2002 1999, c. 31, s. 62 Droit d’ 4. Subparagraph 73(1)(a)(i) of the Act is replaced by the following: (i) a manner of determining the royalties to be paid by educational institutions and by retransmitters within the meaning of subsection 31(1), and Coming into force 5. This Act comes into force on a day to be fixed by order of the Governor in Council. Published under authority of the Speaker of the House of Commons Available from: ������������� ����������������� ���������� ���������� Ottawa, Canada K1A 0S9 ��������� ����� ������������� ����������������� ���������� ����������� ������� ������� ��� ���

First Session, Thirty-seventh Parliament, 49-50-51 Elizabeth II, 2001-2002 STATUTES OF CANADA 2002 CHAPTER 19 An Act to amend certain Acts as a result of the accession of the People’s Republic of China to the Agreement Establishing the World Trade Organization BILL C-50 ASSENTED TO 13th JUNE, 2002 SUMMARY This enactment gives effect to the rights of Canada pursuant to the Protocol on the Accession of the People’s Republic of China to the World Trade Organization that came into effect on December 11, 2001. The enactment amends the Canadian International Trade Tribunal Act, the Customs Tariff and the Export and Import Permits Act to authorize the Governor in Council to impose, under certain conditions and after an inquiry by the Canadian International Trade Tribunal, special trade measures to protect Canadian industries from injury or threat of injury that could be caused by imports from the People’s Republic of China. These special trade measures, called safeguards, will be available until December 11, 2013. The enactment also amends the Special Import Measures Act to allow the Canada Customs and Revenue Agency greater flexibility in conducting anti-dumping investigations related to imported Chinese goods when the price or the cost of production of those goods in China is not determined by market economy conditions. ��� ������������� ������������ ��� ��������� �� ��� ������������� �������� ������������� �� ��� ��������� �������� ��������������������� 49-50-51 ELIZABETH II CHAPTER 19 An Act to amend certain Acts as a result of the accession of the People’s Republic of China to the Agreement Establishing the World Trade Organization [Assented to 13th June, 2002] Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: R.S., c. 47 (4th Supp.) CANADIAN INTERNATIONAL TRADE TRIBUNAL ACT 1. Paragraph 26(1)(c) of the Canadian International Trade Tribunal Act is replaced by the following: (c) where an inquiry, except an inquiry under sections 30.21 to 30.25, in relation to like or directly competitive goods has been completed or terminated by the Tribunal under this Act during the twenty-four month period preceding the date of receipt of the complaint, that the circumstances are sufficiently different to warrant a new inquiry. 2. Subsection 29(4) of the French version of the Act is replaced by the following: Publication d’avis (4) Le Tribunal fait publier dans la Gazette du Canada un avis pour chaque rapport établi en application du paragraphe (1) et en avise les autres intéressés. 3. Subsection 30(4) of the French version of the Act is replaced by the following: Publication d’avis (4) Le Tribunal fait publier dans la Gazette du Canada un avis de transmission pour chaque rapport visé au paragraphe (1) et en notifie les autres intéressés. 4. The Act is amended by adding the following after section 30.19: � C. 19 China WTO SAFEGUARD MEASURES IN RESPECT OF CHINA Definitions 30.2 The following definitions apply in this section and in sections 30.21 to 30.25. ‘‘action’’ « mesure » ‘‘action’’ means (a) any action, including a provisional action, taken (i) by the People’s Republic of China to prevent or remedy market disruption in a WTO Member other than Canada, or (ii) by a WTO Member other than Canada to withdraw concessions under the World Trade Organization Agreement or otherwise to limit imports to prevent or remedy market disruption in that Member caused or threatened by the importation of goods originating in the People’s Republic of China; or (b) any combination of actions referred to in paragraph (a). ‘‘market disruption’’ « désorganisation du marché » ‘‘market disruption’’ means a rapid increase in the importation of goods that are like or directly competitive with goods produced by a domestic industry, in absolute terms or relative to the production of those goods by a domestic industry, so as to be a significant cause of material injury, or threat of material injury, to the domestic industry. ‘‘significant cause’’ « cause importante » ‘‘significant cause’’ means, in respect of a material injury or threat thereof, an important cause that need not be as important as, or more important than, any other cause of the material injury or threat. ‘‘WTO Member’’ « membre de l’OMC » ‘‘WTO Member’’ means a Member of the World Trade Organization established by Article I of the Agreement Establishing the World Trade Organization, signed at Marrakesh on April 15, 1994. Inquiry into market disruption and trade diversion 30.21 (1) The Tribunal shall inquire into and report to the Governor in Council on any matter in relation to 2001-2002 Accession de la C (a) the importation of goods originating in the People’s Republic of China into Canada in such increased quantities or under such conditions as to cause or threaten to cause market disruption to domestic producers of like or directly competitive goods, or (b) any action that causes or threatens to cause a significant diversion of trade into the domestic market in Canada that the Governor in Council refers to the Tribunal for inquiry. Terms of reference (2) The Tribunal shall conduct an inquiry under subsection (1) and shall prepare its report on it in accordance with the terms of reference established by the Governor in Council. Tabling of report (3) The Minister shall cause a copy of each report submitted to the Governor in Council pursuant to this section to be laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the report is submitted. Notice of report (4) The Tribunal shall cause a notice of the submission of a report pursuant to this section to be published in the Canada Gazette. Filing of complaint — market disruption 30.22 (1) Any domestic producer of goods that are like or directly competitive with goods originating in the People’s Republic of China being imported into Canada, or any person or association acting on behalf of any such domestic producer, may file a written complaint with the Tribunal alleging that the imported goods are being imported in such increased quantities or under such conditions as to cause or threaten to cause market disruption to domestic producers of like or directly competitive goods. Contents of complaint (2) A complaint shall (a) state in reasonable detail the facts on which the allegations are based; (b) state an estimate of the total percentage of Canadian production of the like or directly competitive goods that is produced by the domestic producers by whom or on whose behalf the complaint is filed; � C. 19 China WTO (c) be accompanied by any information that is available to the complainant to support the facts referred to in paragraph (a) and to substantiate the estimate referred to in paragraph (b); (d) be accompanied by any other information that may be required by the rules; and (e) make any other representations that the complainant deems relevant to the matter. Commencement of inquiry (3) On receipt of a complaint that meets the requirements of subsection (2), the Tribunal shall commence an inquiry into the complaint if it is satisfied (a) that the information provided by the complainant and any other information examined by the Tribunal discloses a reasonable indication that the goods originating in the People’s Republic of China that are the subject of the complaint are being imported in such increased quantities or under such conditions as to cause or threaten to cause market disruption to domestic producers of like or directly competitive goods; (b) that the complaint is made by or on behalf of domestic producers who produce a major proportion of the domestic production of the like or directly competitive goods; and (c) where an inquiry under this section and sections 30.21 and 30.23 to 30.25 in relation to like or directly competitive goods has been completed or terminated during the twelve-month period preceding the date of receipt of the complaint, that the circumstances are sufficiently different to warrant a new inquiry. Notice of decision to commence inquiry (4) Where the Tribunal decides to commence an inquiry into the complaint, it shall immediately (a) notify the complainant and each other interested party in writing of its decision, of the reasons for it and of the date on which any hearing in the inquiry shall commence; 2001-2002 Accession de la C (b) cause a notice of its decision and the date on which any hearing in the inquiry shall commence to be published in the Canada Gazette; and (c) send to the Minister a copy of its decision, a copy of the complaint, and the information accompanying the complaint, and a copy of any other relevant information examined by the Tribunal in relation to the complaint. Notice of decision not to commence inquiry (5) Where the Tribunal decides not to commence an inquiry into the complaint, it shall immediately (a) notify the complainant and each other interested party in writing of its decision, of the reasons for its refusal to commence an inquiry and, where the reasons for its decision are based in whole or in part on information that was obtained from a source other than the complainant, of the fact that the decision was based in whole or in part on such information; and (b) cause a notice of its decision to be published in the Canada Gazette. Determination by Tribunal (6) The Tribunal shall, in the inquiry into the complaint, determine whether, having regard to any regulations made pursuant to paragraphs 40(a) and (k.1), the goods originating in the People’s Republic of China that are the subject of the complaint are being imported in such increased quantities or under such conditions that they cause or threaten to cause market disruption to domestic producers of like or directly competitive goods. Other matters (7) The Tribunal shall, in the inquiry into the complaint, examine any other matter in relation to the complaint that the Governor in Council refers to it for examination. Report on inquiry (8) The Tribunal shall prepare a report on the inquiry not later than ninety days after the inquiry is commenced and shall submit a copy of it to the Governor in Council, the Minister, the complainant and any other person who made representations to the Tribunal during the inquiry. � C. 19 China WTO Notice of report (9) The Tribunal shall cause a notice of the report to be given to each other interested party and to be published in the Canada Gazette. Tabling of report in certain cases (10) Where, pursuant to subsection (7), the Governor in Council refers a matter to the Tribunal, the Minister shall cause a copy of the report on the inquiry to be laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the report is submitted to the Governor in Council. Filing of complaint — trade diversion 30.23 (1) Any domestic producer of goods that are like or directly competitive with goods that are subject to any action, or any person or association acting on behalf of any such domestic producer, may file a written complaint with the Tribunal alleging that the action causes or threatens to cause a significant diversion of trade into the domestic market in Canada. Contents of complaint (2) A complaint shall (a) state in reasonable detail the facts on which the allegations are based; (b) state an estimate of the total percentage of Canadian production of the like or directly competitive goods that is produced by the domestic producers by whom or on whose behalf the complaint is filed; (c) be accompanied by any information that is available to the complainant to support the facts referred to in paragraph (a) and to substantiate the estimate referred to in paragraph (b); (d) be accompanied by any other information that may be required by the rules; and (e) make any other representations that the complainant deems relevant to the matter. Commencement of inquiry (3) On receipt of a complaint that meets the requirements of subsection (2), the Tribunal shall commence an inquiry into the complaint if it is satisfied (a) that the information provided by the complainant and any other information examined by the Tribunal discloses a rea2001-2002 Accession de la C sonable indication that an action causes or threatens to cause a significant diversion of trade into the domestic market in Canada; and (b) that the complaint is made by or on behalf of domestic producers who produce a major proportion of domestic production of the like or directly competitive goods. Notice of decision to commence inquiry (4) Where the Tribunal decides to commence an inquiry into the complaint, it shall immediately (a) notify the complainant and each other interested party in writing of its decision, of the reasons for it and of the date on which any hearing in the inquiry shall commence; (b) cause a notice of its decision and the date on which any hearing in the inquiry shall commence to be published in the Canada Gazette; and (c) send to the Minister a copy of its decision, a copy of the complaint, and the information accompanying the complaint, and a copy of any other relevant information examined by the Tribunal in relation to the complaint. Notice of decision not to commence inquiry (5) Where the Tribunal decides not to commence an inquiry into the complaint, it shall immediately (a) notify the complainant and each other interested party in writing of its decision, of the reasons for its refusal to commence an inquiry and, where the reasons for its decision are based in whole or in part on information that was obtained from a source other than the complainant, of the fact that the decision was based in whole or in part on such information; and (b) cause a notice of its decision to be published in the Canada Gazette. Determination by Tribunal (6) The Tribunal shall, in the inquiry into the complaint, determine whether, having regard to any regulations made pursuant to paragraphs 40(a) and (k.1), an action causes or threatens to cause a significant diversion of trade into the domestic market in Canada. � C. 19 China WTO Other matters (7) The Tribunal shall, in an inquiry, examine any other matter in relation to the complaint that the Governor in Council refers to it for examination. Report on inquiry (8) The Tribunal shall prepare a report on the inquiry not later than seventy days after the inquiry is commenced and shall submit a copy of it to the Governor in Council, the Minister, the complainant and any other person who made representations to the Tribunal during the inquiry. Notice of report (9) The Tribunal shall cause a notice of the report to be given to each other interested party and to be published in the Canada Gazette. Tabling of report in certain cases (10) Where, pursuant to subsection (7), the Governor in Council refers a matter to the Tribunal, the Minister shall cause a copy of the report on the inquiry to be laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the report is submitted to the Governor in Council. Further inquiry 30.24 (1) The Governor in Council may, at any time after the receipt of a report prepared by the Tribunal pursuant to subsection 30.22(8) or 30.23(8), request the Tribunal to inquire into and report to the Governor in Council on any matter in relation to that report. Terms of reference (2) The Tribunal shall conduct an inquiry under subsection (1) and shall prepare its report on it in accordance with the terms of reference established by the Governor in Council. Copies of report (3) The Tribunal shall send a copy of each report submitted to the Governor in Council pursuant to subsection (1) to the Minister, the complainant and any other person to whom a copy of the report on the original inquiry was submitted pursuant to subsection 30.22(8) or 30.23(8), as the case may be. 2001-2002 Accession de la C Notice of report (4) The Tribunal shall cause a notice of the submission of a report to the Governor in Council pursuant to subsection (1) to be given to each other interested party and to be published in the Canada Gazette. Tabling of report (5) The Minister shall cause a copy of each report submitted to the Governor in Council pursuant to subsection (1) to be laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the report is so submitted. Notice of expiring orders 30.25 (1) The Tribunal shall cause to be published in the Canada Gazette a notice of the expiry date of any order that imposes a surtax on any goods under subsection 77.1(2) or 77.3(1) of the Customs Tariff or includes any goods on the Import Control List under subsection 5.4(2) or (4) of the Export and Import Permits Act, but no notice shall be published if the order ceases to have effect or is repealed under section 77.2, subsection 77.3(4) or section 77.4 of the Customs Tariff or is repealed under subsection 5.4(5) of the Export and Import Permits Act before the end of the effective period specified in that order. Manner and contents of publication (2) The notice shall be published in accordance with the rules and shall state the final date for filing an extension request in respect of the order. Filing of request relating to extension orders (3) Any domestic producer of goods that are like or directly competitive with any goods that are subject to an order referred to in subsection (1), or any person or association acting on behalf of any such domestic producer, may file with the Tribunal a written request that an extension order be made under subsection 77.3(1) of the Customs Tariff or subsection 5.4(4) of the Export and Import Permits Act because an order continues to be necessary to prevent or remedy market disruption to domestic producers of like or directly competitive goods. �� C. 19 China WTO Time limit for filing extension request (4) An extension request shall be filed no later than the final date for filing specified in the notice published pursuant to subsection (2). Receipt to be acknowledged (5) The Tribunal shall, forthwith after receipt of an extension request, notify the requester in writing of its receipt and the date of its receipt. Contents of extension request (6) An extension request shall (a) state in reasonable detail the facts on which the allegations are based; (b) state an estimate of the total percentage of Canadian production of the like or directly competitive goods that is produced by the domestic producers by whom or on whose behalf the extension request is filed; (c) be accompanied by any information that is available to the complainant to support the facts referred to in paragraph (a) and to substantiate the estimate referred to in paragraph (b); (d) be accompanied by any other information that may be required by the rules; and (e) make any other representations that the requester deems relevant to the matter. Inquiries into extension requests (7) On receipt of an extension request that meets the requirements of subsection (6), the Tribunal shall commence an inquiry into the request within thirty days after the request is filed if the Tribunal is satisfied (a) that the information provided by the requester and any other information examined by the Tribunal discloses a reasonable indication that an order continues to be necessary to prevent or remedy market disruption to domestic producers of like or directly competitive goods; and (b) that the extension request is made by or on behalf of domestic producers who produce a major proportion of the domestic production of the like or directly competitive goods. 2001-2002 Notice of decision to commence inquiry Accession de la C (8) Where the Tribunal decides to commence an inquiry into the extension request, it shall immediately (a) notify the requester and each other interested party in writing of its decision, of the reasons for it and of the date on which any hearing in the inquiry shall commence; (b) cause a notice of its decision and the date on which any hearing in the inquiry shall commence to be published in the Canada Gazette; and (c) send to the Minister a copy of its decision, a copy of the extension request, and the information accompanying the extension request, and a copy of any other relevant information examined by the Tribunal in relation to the extension request. Notice of decision not to commence inquiry (9) Where the Tribunal decides not to commence an inquiry into the extension request, it shall immediately (a) notify the requester and each other interested party in writing of its decision, of the reasons for its refusal to commence an inquiry and, where the reasons for its decision are based in whole or in part on information that was obtained from a source other than the requester, of the fact that the decision was based in whole or in part on such information; and (b) cause a notice of its decision to be published in the Canada Gazette. Continuing necessity of order (10) The Tribunal shall, in the inquiry into the extension request, determine whether an order continues to be necessary to prevent or remedy market disruption to domestic producers of like or directly competitive goods. Other matters (11) The Tribunal shall, in the inquiry into the extension request, examine any other matter in relation to the extension request that the Governor in Council refers to it for examination. �� C. 19 China WTO Report on extension inquiry (12) The Tribunal shall prepare a report on the inquiry not later than forty-five days before the expiry date of the order to which the inquiry under subsection (7) relates and shall submit a copy of it to the Governor in Council, the Minister, the requester and any other person who made representations to the Tribunal during the inquiry. Notice of report (13) The Tribunal shall cause a notice of the report to be given to each other interested party and to be published in the Canada Gazette. Tabling of report in certain cases (14) Where, pursuant to subsection (11), the Governor in Council refers a matter to the Tribunal, the Minister shall cause a copy of the report on the inquiry to be laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the report is submitted to the Governor in Council. Expiry date 30.26 Sections 30.2 to 30.25 cease to have effect on December 11, 2013. 1997, c. 14, s. 31 5. Paragraph 39(1)(c) of the Act is replaced by the following: (c) specifying any additional information that must accompany a complaint filed under any of subsections 23(1) to (1.1), 30.01(2), 30.011(1), 30.012(2), 30.11(1), 30.22(1) and 30.23(1) or an extension request filed under subsection 30.04(1) or 30.25(3); and 1994, c. 47, s. 42(1) 6. (1) Subparagraph 40(a.1)(ii) of the Act is replaced by the following: (ii) conducting inquiries and reporting on matters referred to the Tribunal pursuant to section 18, 19 or 30.21 , or (2) Section 40 of the Act is amended by adding the following after paragraph (k): (k.1) providing, for the purposes of sections 30.2 to 30.25, factors for determining whether 2001-2002 Accession de la C (i) goods originating in the People’s Republic of China are being imported in such increased quantities or under such conditions as to cause or threaten to cause market disruption to domestic producers of like or directly competitive goods, or (ii) an action causes or threatens to cause a significant diversion of trade into the domestic market in Canada; 1997, c. 36 CUSTOMS TARIFF 7. The Customs Tariff is amended by adding the following after section 77: Safeguard Measures in Respect of China Definitions 77.1 (1) The following definitions apply in this section and in sections 77.2 to 77.8. ‘‘market disruption’’ « désorganisation du marché » ‘‘market disruption’’ means a rapid increase in the importation of goods that are like or directly competitive with goods produced by a domestic industry, in absolute terms or relative to the production of those goods by a domestic industry, so as to be a significant cause of material injury, or threat of material injury, to the domestic industry. ‘‘significant cause’’ « cause importante » ‘‘significant cause’’ means, in respect of a material injury or threat thereof, an important cause that need not be as important as, or more important than, any other cause of the material injury or threat. Surtax — market disruption (2) Subject to section 77.2, if at any time it appears to the satisfaction of the Governor in Council, on the basis of a report of the Minister or of an inquiry made by the Canadian International Trade Tribunal under section 30.21 or 30.22 of the Canadian International Trade Tribunal Act, that goods originating in the People’s Republic of China are being imported in such increased quantities or under such conditions as to cause or threaten to cause �� C. 19 China WTO market disruption to domestic producers of like or directly competitive goods, the Governor in Council may, on the recommendation of the Minister, by order, make any such goods, when imported into Canada or a region or part of Canada specified in the order during the period that the order is in effect, subject to a surtax (a) at a rate specified in the order; or (b) at a rate specified in the order that varies from time to time as the quantity of those goods imported into Canada or that region or part of Canada during a period specified in the order equals or exceeds quantities specified in the order. Maximum rate (3) The rate specified under subsection (2) may not exceed the rate that in the opinion of the Governor in Council is sufficient to prevent or remedy market disruption to domestic producers of like or directly competitive goods. Minister’s report (4) A report of the Minister referred to in subsection (2) may be made only if there are, in the opinion of the Minister, critical circumstances. Inquiry (5) If an order is made under subsection (2) on the basis of a report of the Minister, the Governor in Council shall immediately refer the matter to the Canadian International Trade Tribunal for an inquiry under subsection 30.21(1) of the Canadian International Trade Tribunal Act. Period and repeal 77.2 (1) An order made under subsection 77.1(2) (a) subject to section 77.3, has effect for a period specified in the order; and (b) may be amended or repealed at any time by the Governor in Council on the recommendation of the Minister unless, before that time, a resolution directing that the order cease to have effect has been adopted by both Houses of Parliament under section 77.4. 2001-2002 Accession de la C Cessation (2) If an order is made under subsection 77.1(2) on the basis of a report of the Minister, the order ceases to have effect at the end of the two hundredth day after the day on which the order is made unless, before the order so ceases to have effect, the Canadian International Trade Tribunal reports to the Governor in Council, on the basis of an inquiry made under section 30.21 or 30.22 of the Canadian International Trade Tribunal Act, that the goods described in the report of the Minister are being imported in such increased quantities or under such conditions as to cause or threaten to cause market disruption to domestic producers of like or directly competitive goods. Extension order 77.3 (1) If, at any time before the expiry of an order with respect to any goods made under this subsection or subsection 77.1(2) or under subsection 5.4(2) or (4) of the Export and Import Permits Act, it appears to the satisfaction of the Governor in Council, as a result of an inquiry made by the Canadian International Trade Tribunal under subsection 30.25(7) of the Canadian International Trade Tribunal Act, that an order continues to be necessary to prevent or remedy market disruption to domestic producers of like or directly competitive goods, the Governor in Council may, on the recommendation of the Minister, make an extension order imposing a surtax on any goods specified in the previous order. Scope and rate (2) If an extension order is made under subsection (1), (a) the extension order applies to goods imported into Canada, or any region or part of Canada, specified in the order during the period that the order is in effect; and (b) the rate of the surtax imposed by the extension order must, subject to subsection (3), (i) be at a rate specified in the extension order, or (ii) be at a rate specified in the extension order that varies from time to time as the �� C. 19 China WTO quantity of those goods imported into Canada or that region or part of Canada during a period specified in the order equals or exceeds totals specified in the order. Maximum rate (3) The rate specified in the extension order may not exceed the rate that in the opinion of the Governor in Council is sufficient to prevent or remedy market disruption to domestic producers of like or directly competitive goods. Period and repeal of extension orders (4) Every extension order made under subsection (1) (a) remains in effect, subject to this section, for the period that is specified in the order; and (b) may, notwithstanding any other provision of this section, be amended or repealed at any time by the Governor in Council on the recommendation of the Minister unless, before that time, a resolution directing that the order cease to have effect has been adopted by both Houses of Parliament under section 77.4. Resolution of Parliament of cessation Notice in Canada Gazette 77.4 Notwithstanding sections 77.1 to 77.3 and 77.5 to 77.8, if a resolution directing that an order made under subsection 77.1(2), 77.3(1) or 77.6(2) cease to have effect is adopted by both Houses of Parliament, the order ceases to have effect on the day that the resolution is adopted or, if the adopted resolution specifies a day on which the order ceases to have effect, on that specified day. 77.5 If an order made under (a) subsection 77.1(2) remains in effect by reason of subsection 77.2(2), or (b) subsection 77.1(2), 77.3(1) or 77.6(2) ceases to have effect by reason of a resolution of both Houses of Parliament, the Minister shall cause a notice to that effect to be published in the Canada Gazette. Definitions 77.6 (1) The following definitions apply in this section. 2001-2002 ‘‘action’’ « mesure » Accession de la C ‘‘action’’ means (a) any action, including a provisional action, taken (i) by the People’s Republic of China to prevent or remedy market disruption in a WTO Member other than Canada, or (ii) by a WTO Member other than Canada to withdraw concessions under the World Trade Organization Agreement or otherwise to limit imports to prevent or remedy market disruption in that Member caused or threatened by the importation of goods originating in the People’s Republic of China; or (b) any combination of actions referred to in paragraph (a). ‘‘WTO Member’’ « membre de l’OMC » ‘‘WTO Member’’ means a Member of the World Trade Organization established by Article I of the Agreement Establishing the World Trade Organization, signed at Marrakesh on April 15, 1994. Surtax — trade diversion (2) If at any time it appears to the satisfaction of the Governor in Council, on the basis of an inquiry made by the Canadian International Trade Tribunal under section 30.21 or 30.23 of the Canadian International Trade Tribunal Act, that an action causes or threatens to cause a significant diversion of trade into the domestic market in Canada, the Governor in Council may, on the recommendation of the Minister, by order, make any goods originating in the People’s Republic of China, when imported into Canada or a region or part of Canada specified in the order during the period that the order is in effect, subject to a surtax (a) at a rate specified in the order; or (b) at a rate specified in the order that varies from time to time as the quantity of those goods imported into Canada or that region or part of Canada during a period specified in the order equals or exceeds quantities specified in the order. �� C. 19 China WTO Maximum rate (3) The rate specified under subsection (2) may not exceed the rate that in the opinion of the Governor in Council is sufficient to prevent or remedy diversion of trade into the domestic market in Canada. Amendment or repeal (4) An order made under subsection (2) may be amended or repealed at any time by the Governor in Council on the recommendation of the Minister unless, before that time, a resolution directing that the order cease to have effect has been adopted by both Houses of Parliament under section 77.4. Regulations 77.7 The Governor in Council may make regulations for carrying out the purposes of sections 77.1 to 77.6 and may, by order, suspend a surtax or rate in whole or in part from application to any goods or any class of goods. Decision of Governor in Council final 77.8 The decision of the Governor in Council is final on any question that may arise regarding the application of the surtax or rate imposed under sections 77.1 to 77.6. Expiry date 77.9 Sections 77.1 to 77.8 cease to have effect on December 11, 2013. 8. The definition ‘‘customs duties’’ in section 80 of the Act is replaced by the following: ‘‘customs duties’’ « droits de douane » ‘‘customs duties’’, other than for the purposes of sections 95 and 96, means customs duties imposed under Part 2, other than surtaxes imposed under section 53, 55, 60, 63, 68, 77.1, 77.3, 77.6 or 78 or temporary duties imposed under any of sections 69 to 76. 9. Subsection 94(1) of the Act is replaced by the following: Definition of ‘‘customs duties’’ 94. (1) In sections 95 and 96, ‘‘customs duties’’ means customs duties imposed under Part 2, other than additional customs duties levied under section 21, surtaxes imposed under section 53, 55, 60, 63, 68, 77.1, 77.3, 77.6 or 78 or temporary duties imposed under any of sections 69 to 76. 2001-2002 Accession de la C 10. Subparagraph 99(a)(iii) of the Act is replaced by the following: (iii) the circumstances in which, and the classes of goods in respect of which, relief of duties levied under section 21 or under the Special Import Measures Act, a surtax imposed under section 53, 55, 60, 63, 68, 77.1, 77.3, 77.6 or 78, a temporary duty imposed under any of sections 69 to 76, a tax levied under the Excise Tax Act or a duty imposed under the Excise Act may not be granted, 11. Paragraph 113(4)(a) of the Act is replaced by the following: (a) the circumstances in which, and the classes of goods in respect of which, a refund or drawback of duties levied under section 21 or under the Special Import Measures Act, a surtax levied under section 53, 55, 60, 63, 68, 77.1, 77.3, 77.6 or 78, a temporary duty levied under any of sections 69 to 76, a tax levied under the Excise Tax Act or a duty levied under the Excise Act may not be granted under subsection (1); R.S., c. E-19 EXPORT AND IMPORT PERMITS ACT 1994, c. 47, s. 102 12. Subsection 4.2(2) of the Export and Import Permits Act is replaced by the following: Application of definition in regulations (2) Any regulations made under paragraph 40(b) of the Canadian International Trade Tribunal Act defining ‘‘like or directly competitive goods’’ apply for the purposes of sections 5 and 5.4 . 13. The Act is amended by adding the following after section 5.3: Definitions 5.4 (1) The following definitions apply in this section. ‘‘action’’ « mesure » ‘‘action’’ means (a) any action, including a provisional action, taken �� C. 19 China WTO (i) by the People’s Republic of China to prevent or remedy market disruption in a WTO Member other than Canada, or (ii) by a WTO Member other than Canada to withdraw concessions under the World Trade Organization Agreement or otherwise to limit imports to prevent or remedy market disruption in that Member caused or threatened by the importation of goods originating in the People’s Republic of China; or (b) any combination of actions referred to in paragraph (a). ‘‘market disruption’’ « désorganisation du marché » ‘‘market disruption’’ means a rapid increase in the importation of goods that are like or directly competitive with goods produced by a domestic industry, in absolute terms or relative to the production of those goods by a domestic industry, so as to be a significant cause of material injury, or threat of material injury, to the domestic industry. ‘‘significant cause’’ « cause importante » ‘‘significant cause’’ means, in respect of a material injury or threat thereof, an important cause that need not be as important as, or more important than, any other cause of the material injury or threat. ‘‘WTO Member’’ « membre de l’OMC » ‘‘WTO Member’’ means a Member of the World Trade Organization established by Article I of the Agreement Establishing the World Trade Organization, signed at Marrakesh on April 15, 1994. Addition to Import Control List — market disruption (2) If at any time it appears to the satisfaction of the Governor in Council, on a report of the Minister made pursuant to an inquiry made by the Canadian International Trade Tribunal under section 30.21 or 30.22 of the Canadian International Trade Tribunal Act, that goods originating in the People’s Republic of China are being imported or are likely to be imported into Canada in such increased quantities or under such conditions that they cause or threaten to cause market disruption to domestic producers of like or directly competitive goods, those goods may, by order of the Governor in Council, be included on the Import Control List, for the purpose of 2001-2002 Accession de la C limiting the importation of such goods to the extent and for the period that in the opinion of the Governor in Council is necessary to prevent or remedy the market disruption. Addition to Import Control List — trade diversion (3) If at any time it appears to the satisfaction of the Governor in Council, on a report of the Minister made pursuant to an inquiry made by the Canadian International Trade Tribunal under section 30.21 or 30.23 of the Canadian International Trade Tribunal Act, that an action causes or threatens to cause a significant diversion of trade into the domestic market in Canada, any goods originating in the People’s Republic of China may, by order of the Governor in Council, be included on the Import Control List, for the purpose of limiting the importation of such goods to the extent that is necessary to prevent or remedy the trade diversion. Extension order (4) The Governor in Council may, on the recommendation of the Minister, make an extension order including on the Import Control List any goods with respect to which an order has been made under this subsection or subsection (2) or under section 77.1 or 77.3 of the Customs Tariff if, at any time before the order expires, it appears to the satisfaction of the Governor in Council, as a result of an inquiry made by the Canadian International Trade Tribunal under subsection 30.25(7) of the Canadian International Trade Tribunal Act, that an order continues to be necessary to prevent or remedy market disruption to domestic producers of like or directly competitive goods. Repeal or amendment of inclusion order (5) If at any time it appears to the satisfaction of the Governor in Council that an order including any goods on the Import Control List under subsection (2), (3) or (4) should be repealed or amended, the Governor in Council may, on the recommendation of the Minister, by order, repeal or amend the order. �� C. 19 China WTO Addition to Import Control List (6) If at any time it appears to the satisfaction of the Governor in Council, on a report of the Minister made as described in subsection (2), that goods originating in the People’s Republic of China are being imported or are likely to be imported into Canada at such prices, in such quantities or under such conditions as to make it advisable to collect information with respect to the importation of those goods in order to ascertain whether the importation is causing or threatening to cause market disruption to domestic producers of like or directly competitive goods, those goods may, by order of the Governor in Council, be included on the Import Control List in order to facilitate the collection of that information. Addition to Import Control List (7) If at any time it appears to the satisfaction of the Governor in Council, on a report of the Minister made as described in subsection (3), that an action causes or threatens to cause a significant diversion of trade into the domestic market in Canada so as to make it advisable to collect information with respect to goods originating in the People’s Republic of China in order to ascertain whether the action causes or threatens to cause a significant diversion of trade into the domestic market in Canada, those goods may, by order of the Governor in Council, be included on the Import Control List in order to facilitate the collection of that information. Addition to Import Control List (8) If, for the purpose of facilitating the implementation of an order made under section 77.1, 77.3 or 77.6 of the Customs Tariff, the Governor in Council considers it necessary to control the importation of goods originating in the People’s Republic of China or collect information with respect to their importation, the Governor in Council may, by order, include those goods on the Import Control List for that purpose. Goods deemed to be removed from List (9) If goods are included on the Import Control List by order of the Governor in Council under subsection (8), the goods shall be deemed to be removed from that List on the earlier of 2001-2002 Accession de la C (a) the day, if any, specified in that order, and (b) the day on which the order made under section 77.1, 77.3 or 77.6 of the Customs Tariff ceases to have effect or is repealed pursuant to section 77.2, 77.3 or 77.4 of that Act, as the case may be. Expiry date (10) Subsections (1) to (9) cease to have effect on December 11, 2013. 1997, c. 14, s. 75 14. Subsection 8(2) of the Act is replaced by the following: Import permits (2) Notwithstanding subsection (1) and any regulation made under section 12 that is not compatible with the purpose of this subsection, if goods are included on the Import Control List solely for the purpose of collecting information pursuant to subsection 5(4.3), (5) or (6) or 5.4(6), (7) or (8) , the Minister shall issue to any resident of Canada applying therefor a permit to import those goods, subject only to compliance with and the application of any regulations made under section 12 that it is reasonably necessary to comply with or apply in order to achieve that purpose. 1997, c. 14, s. 78(1) 15. (1) The portion of subsection 10(2) of the Act before paragraph (a) is replaced by the following: Alteration of permits, etc. (2) If a permit has been issued under this Act to any person for the exportation or importation of goods that have been included on the Export Control List or the Import Control List solely for the purpose described in subsection 5(4.3), (5) or (6), 5.1(1), 5.2(1), (2) or (3) or 5.4(6), (7) or (8) , and 1997, c. 14, s. 78(2) (2) Paragraph 10(2)(c) of the Act is replaced by the following: (c) the goods have, subsequent to the issuance of the permit, been included on the Export Control List or the Import Control List for a purpose other than that described in subsection 5(4.3), (5) or (6), 5.1(1), 5.2(1), (2) or (3) or 5.4(6), (7) or (8) , �� C. 19 China WTO R.S., c. S-15 SPECIAL IMPORT MEASURES ACT 1999, c. 12, s. 7, c. 17, par. 183(1)(u) 16. The portion of subsection 20(1) of the Special Import Measures Act before paragraph (c) is replaced by the following: Normal value where export monopoly 20. (1) Where goods sold to an importer in Canada are shipped directly to Canada (a) from a prescribed country where, in the opinion of the Commissioner, domestic prices are substantially determined by the government of that country and there is sufficient reason to believe that they are not substantially the same as they would be if they were determined in a competitive market, or (b) from any other country where, in the opinion of the Commissioner, (i) the government of that country has a monopoly or substantial monopoly of its export trade, and (ii) domestic prices are substantially determined by the government of that country and there is sufficient reason to believe that they are not substantially the same as they would be if they were determined in a competitive market, the normal value of the goods is TRANSITIONAL PROVISIONS Definitions 17. The following definitions apply in this section and in section 18. ‘‘commencement day’’ « date de référence » ‘‘commencement day’’ means the day on which this section comes into force. ‘‘new Act’’ « nouvelle loi » ‘‘new Act’’ means the Special Import Measures Act as it read on the commencement day. ‘‘new regulations’’ « nouveaux règlements » ‘‘new regulations’’ means the regulations made under the new Act. ‘‘old Act’’ « ancienne loi » ‘‘old Act’’ means the Special Import Measures Act as it read on the day before the commencement day. 2001-2002 Accession de la C ‘‘old regulations’’ « anciens règlements » ‘‘old regulations’’ means the regulations made under the old Act. ‘‘order or finding’’ « ordonnance ou conclusions » ‘‘order or finding’’ has the same meaning as in subsection 2(1) of the Special Import Measures Act. Disposition of notified complaints 18. (1) Subject to this section, if, before the commencement day, notice of a complaint respecting the dumping or subsidizing of goods that is properly documented, within the meaning assigned to that expression by subsection 2(1) of the old Act, has been given under paragraph 32(1)(a) of the old Act, any proceeding, process or action in respect of the goods shall be continued and disposed of in accordance with the old Act and the old regulations. Proceedings re goods subject to order after commencement date (2) If the Canadian International Trade Tribunal makes an order or finding under subsection 43(1) of the Special Import Measures Act on or after the commencement day with respect to goods that are the subject of a complaint referred to in subsection (1), any subsequent proceeding, process or action in relation to any of those goods other than the following shall be disposed of in accordance with the new Act and the new regulations: (a) a judicial review in relation to that order or finding and any proceeding, process or action in relation to the judicial review; (b) a proceeding, process or action in relation to any of those goods that were released before the commencement day; or (c) a proceeding, process or action in relation to any of those goods that were released on or after the commencement day but on or before the day on which the Canadian International Trade Tribunal made the order or finding. Effect of order or finding (3) For greater certainty, any order or finding that is in effect on the commencement day shall, for the purposes of sections 3 to 6 of the new Act, have the same force �� C. 19 China WTO and effect as if it were made under the new Act. Determination of normal value, etc., where undertaking (4) Any determination, on or after the commencement day, of a normal value or margin of dumping in relation to any goods that are subject to an undertaking accepted before the commencement day shall be made in accordance with the new Act. Determination of normal value, etc. (5) A normal value or margin of dumping determined in relation to goods under the old Act shall, for the purposes of goods released on or after the commencement day, other than goods to which paragraph (2)(c) applies, be deemed to have been made under the new Act. Re-determination of normal value, etc. (6) A re-determination of a normal value or margin of dumping referred to in subsection (5) shall be made in accordance with the new Act. COORDINATING AMENDMENTS 1997, c. 36 19. On the later of the coming into force of (a) the definition ‘‘customs duties’’ in section 80 of the Customs Tariff, as enacted by section 8 of this Act, and (b) the definition ‘‘customs duties’’ in section 80 of the Customs Tariff, as enacted by section 41 of the Canada–Costa Rica Free Trade Agreement Implementation Act, the definition ‘‘customs duties’’ in section 80 of the Customs Tariff is replaced by the following: ‘‘customs duties’’ « droits de douane » ‘‘customs duties’’, other than for the purposes of sections 95 and 96, means customs duties imposed under Part 2, other than surtaxes imposed under section 53, 55, 60, 63, 68, 77.1, 77.3, 77.6 or 78 or temporary duties imposed under any of sections 69 to 76.1. Bill C-47 20. If Bill C-47, introduced in the 1st Session of the 37th Parliament and entitled the Excise Act, 2001, has not received royal assent on the later of the coming into force of section 42 of the Canada–Costa Rica Free Trade Agreement Implementation Act and 2001-2002 Accession de la C section 9 of this Act, then at that time subsection 94(1) of the Customs Tariff is replaced by the following: Definition of ‘‘customs duties’’ 94. (1) In sections 95 and 96, ‘‘customs duties’’ means customs duties imposed under Part 2, other than additional customs duties levied under section 21, surtaxes imposed under section 53, 55, 60, 63, 68, 77.1, 77.3, 77.6 or 78 or temporary duties imposed under any of sections 69 to 76.1. Bill C-47 21. (1) Subsections (2) to (4) apply if Bill C-47, introduced in the 1st Session of the 37th Parliament and entitled the Excise Act, 2001 (the ‘‘other Act’’), receives royal assent. (2) If, on the later of the coming into force of section 9 of this Act and section 42 of the Canada–Costa Rica Free Trade Agreement Implementation Act, section 351 of the other Act is not in force, then at that time (a) subsection 94(1) of the Customs Tariff is replaced by the following: Definition of ‘‘customs duties’’ 94. (1) In sections 95 and 96, ‘‘customs duties’’ means customs duties imposed under Part 2, other than additional customs duties levied under section 21, surtaxes imposed under section 53, 55, 60, 63, 68, 77.1, 77.3, 77.6 or 78 or temporary duties imposed under any of sections 69 to 76.1. (b) subsection 411(2) of the other Act is repealed. (3) If, on the later of the coming into force of section 9 of this Act and section 351 of the other Act, section 42 of the Canada–Costa Rica Free Trade Agreement Implementation Act is not in force, then at that time (a) subsection 94(1) of the Customs Tariff is replaced by the following: �� Definition of ‘‘customs duties’’ C. 19 China WTO 94. (1) In sections 95 and 96, ‘‘customs duties’’ means customs duties imposed under Part 2, other than (a) additional customs duties levied under sections 21.1 to 21.3; (b) surtaxes imposed under section 53, 55, 60, 63, 68, 77.1, 77.3, 77.6 or 78; or (c) temporary duties imposed under any of sections 69 to 76. (b) subsection 411(2) of the other Act is repealed. (4) On the latest of the coming into force of section 9 of this Act, section 351 of the other Act and section 42 of the Canada–Costa Rica Free Trade Agreement Implementation Act, subsection 94(1) of the Customs Tariff is replaced by the following: Definition of ‘‘customs duties’’ 94. (1) In sections 95 and 96, ‘‘customs duties’’ means customs duties imposed under Part 2, other than (a) additional customs duties levied under sections 21.1 to 21.3; (b) surtaxes imposed under section 53, 55, 60, 63, 68, 77.1, 77.3, 77.6 or 78; or (c) temporary duties imposed under any of sections 69 to 76.1. Bill C-47 22. If Bill C-47, introduced in the 1st Session of the 37th Parliament and entitled the Excise Act, 2001, has not received royal assent on the later of the coming into force of section 43 of the Canada–Costa Rica Free Trade Agreement Implementation Act and section 10 of this Act, then at that time subparagraph 99(a)(iii) of the Customs Tariff is replaced by the following: (iii) the circumstances in which, and the classes of goods in respect of which, relief of duties levied under section 21 or under the Special Import Measures Act, a surtax imposed under section 53, 55, 60, 63, 68, 77.1, 77.3, 77.6 or 78, a temporary duty imposed under any of sections 69 to 76.1, a tax levied under the Excise Tax Act or a duty imposed under the Excise Act may not be granted, 2001-2002 Bill C-47 Accession de la C 23. (1) Subsections (2) to (4) apply if Bill C-47, introduced in the 1st Session of the 37th Parliament and entitled the Excise Act, 2001 (the ‘‘other Act’’), receives royal assent. (2) If, on the later of the coming into force of section 10 of this Act and section 43 of the Canada–Costa Rica Free Trade Agreement Implementation Act, section 352 of the other Act is not in force, then at that time (a) subparagraph 99(a)(iii) of the Customs Tariff is replaced by the following: (iii) the circumstances in which, and the classes of goods in respect of which, relief of duties levied under section 21 or under the Special Import Measures Act, a surtax imposed under section 53, 55, 60, 63, 68, 77.1, 77.3, 77.6 or 78, a temporary duty imposed under any of sections 69 to 76.1, a tax levied under the Excise Tax Act or a duty imposed under the Excise Act may not be granted, (b) subsection 411(3) of the other Act is repealed. (3) If, on the later of the coming into force of section 10 of this Act and section 352 of the other Act, section 43 of the Canada–Costa Rica Free Trade Agreement Implementation Act is not in force, then at that time (a) subparagraph 99(a)(iii) of the Customs Tariff is replaced by the following: (iii) the circumstances in which, and the classes of goods in respect of which, relief of duties levied under sections 21.1 to 21.3 or under the Special Import �� C. 19 China WTO Measures Act, a surtax imposed under section 53, 55, 60, 63, 68, 77.1, 77.3, 77.6 or 78, a temporary duty imposed under any of sections 69 to 76, a tax levied under the Excise Tax Act or a duty imposed under the Excise Act, 2001 may not be granted, (b) subsection 411(3) of the other Act is repealed. (4) On the latest of the coming into force of section 10 of this Act, section 352 of the other Act and section 43 of the Canada–Costa Rica Free Trade Agreement Implementation Act, subparagraph 99(a)(iii) of the Customs Tariff is replaced by the following: (iii) the circumstances in which, and the classes of goods in respect of which, relief of duties levied under sections 21.1 to 21.3 or under the Special Import Measures Act, a surtax imposed under section 53, 55, 60, 63, 68, 77.1, 77.3, 77.6 or 78, a temporary duty imposed under any of sections 69 to 76.1, a tax levied under the Excise Tax Act or a duty imposed under the Excise Act, 2001 may not be granted, Bill C-47 24. If Bill C-47, introduced in the 1st Session of the 37th Parliament and entitled the Excise Act, 2001, has not received royal assent on the later of the coming into force of section 44 of the Canada–Costa Rica Free Trade Agreement Implementation Act and section 11 of this Act, then at that time paragraph 113(4)(a) of the Customs Tariff is replaced by the following: (a) the circumstances in which, and the classes of goods in respect of which, a refund or drawback of duties levied under section 21 or under the Special Import Measures Act, a surtax levied under section 53, 55, 60, 63, 68, 77.1, 77.3, 77.6 or 78, a 2001-2002 Accession de la C temporary duty levied under any of sections 69 to 76.1, a tax levied under the Excise Tax Act or a duty levied under the Excise Act may not be granted under subsection (1); Bill C-47 25. (1) Subsections (2) to (4) apply if Bill C-47, introduced in the 1st Session of the 37th Parliament and entitled the Excise Act, 2001 (the ‘‘other Act’’), receives royal assent. (2) If, on the later of the coming into force of section 11 of this Act and section 44 of the Canada–Costa Rica Free Trade Agreement Implementation Act, subsection 354(2) of the other Act is not in force, then at that time (a) paragraph 113(4)(a) of the Customs Tariff is replaced by the following: (a) the circumstances in which, and the classes of goods in respect of which, a refund or drawback of duties levied under section 21 or under the Special Import Measures Act, a surtax levied under section 53, 55, 60, 63, 68, 77.1, 77.3, 77.6 or 78, a temporary duty levied under any of sections 69 to 76.1, a tax levied under the Excise Tax Act or a duty levied under the Excise Act may not be granted under subsection (1); (b) subsection 411(4) of the other Act is repealed. (3) If, on the later of the coming into force of section 11 of this Act and subsection 354(2) of the other Act, section 44 of the Canada–Costa Rica Free Trade Agreement Implementation Act is not in force, then at that time (a) paragraph 113(4)(a) of the Customs Tariff is replaced by the following: (a) the circumstances in which, and the classes of goods in respect of which, a refund or drawback of duties levied under �� C. 19 China WTO sections 21.1 to 21.3 or under the Special Import Measures Act, a surtax levied under section 53, 55, 60, 63, 68, 77.1, 77.3, 77.6 or 78, a temporary duty levied under any of sections 69 to 76, a tax levied under the Excise Tax Act or a duty levied under the Excise Act, 2001 may not be granted under subsection (1); (b) subsection 411(4) of the other Act is repealed. (4) On the latest of the coming into force of section 11 of this Act, subsection 354(2) of the other Act and section 44 of the Canada– Costa Rica Free Trade Agreement Implementation Act, paragraph 113(4)(a) of the Customs Tariff is replaced by the following: (a) the circumstances in which, and the classes of goods in respect of which, a refund or drawback of duties levied under sections 21.1 to 21.3 or under the Special Import Measures Act, a surtax levied under section 53, 55, 60, 63, 68, 77.1, 77.3, 77.6 or 78, a temporary duty levied under any of sections 69 to 76.1, a tax levied under the Excise Tax Act or a duty levied under the Excise Act, 2001 may not be granted under subsection (1); COMING INTO FORCE Coming into force 26. The provisions of this Act, other than sections 19 to 25, or the provisions of any Act enacted or amended by this Act, come into force on a day or days to be fixed by order of the Governor in Council. Published under authority of the Speaker of the House of Commons Available from: Public Works and Government Services Canada — Publishing, Ottawa, Canada K1A 0S9 ��������� ����� ������ ����� ��� ���������� �������� �������������������� ������� ������ ��� ���

Second Session, Thirty-seventh Parliament, 51 Elizabeth II, 2002 STATUTES OF CANADA 2002 CHAPTER 25 An Act providing for controls on the export, import or transit across Canada of rough diamonds and for a certification scheme for the export of rough diamonds in order to meet Canada’s obligations under the Kimberley Process BILL C-14 ASSENTED TO 12th DECEMBER, 2002 RECOMMENDATION Her Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled ‘‘An Act providing for controls on the export, import or transit across Canada of rough diamonds and for a certification scheme for the export of rough diamonds in order to meet Canada’s obligations under the Kimberley Process’’. SUMMARY This enactment fulfils Canada’s undertaking to participate in the Kimberley Process, an international certification scheme that aims to break the link between armed conflict and the trade in rough diamonds. The enactment permits exports of rough diamonds to be made only to countries participating in the Kimberley Process. It also requires exported and imported rough diamonds to be in prescribed, tamperresistant containers and to be accompanied by a certificate from a participating country attesting that they have been handled in accordance with the Kimberley Process. ��� ������������� ������������ ��� ��������� �� ��� ������������� �������� ������������� �� ��� ��������� �������� ��������������������� TABLE OF PROVISIONS AN ACT PROVIDING FOR CONTROLS ON THE EXPORT, IMPORT OR TRANSIT ACROSS CANADA OF ROUGH DIAMONDS AND FOR A CERTIFICATION SCHEME FOR THE EXPORT OF ROUGH DIAMONDS IN ORDER TO MEET CANADA’S OBLIGATIONS UNDER THE KIMBERLEY PROCESS SHORT TITLE 1. Short title 2. Definitions INTERPRETATION MINISTERIAL POWERS 3. Amendment of schedule 4. Disclosure 5. Statistics 6. Delegation of ministerial powers, duties and functions 7. Designation of inspectors and investigators EXPORTING ROUGH DIAMONDS 8. Requirements for exporting rough diamonds 9. Issuance of Canadian Certificate 10. Notice of deficiency 11. Replacement certificate 12. Invalidation of Canadian Certificate 13. Reporting IMPORTING ROUGH DIAMONDS 14. Requirements for importing rough diamonds 15. Return of imported rough diamonds 16. Reporting IN-TRANSIT ROUGH DIAMONDS 17. Seizure of in-transit rough diamonds 18. Interpretation INSPECTIONS 19. Powers 20. Stopping a conveyance 21. Production of designation document 22. Duty to assist �� INVESTIGATIONS 23. Designation document to be produced 24. Entry DISPOSITION OF THINGS SEIZED 25. Notice of reason for seizure 26. Storage or removal 27. Duration of detention FORFEITURE 28. Forfeiture of rough diamonds and other things 29. Consensual forfeiture 30. Forfeiture certificate 31. Disposition of rough diamonds forfeited 32. Return of things seized if no forfeiture LIABILITY FOR COSTS 33. Liability for costs REGULATIONS 34. Regulations 35. Ministerial regulations OFFENCES AND PUNISHMENT 36. False or misleading information, and misrepresentation 37. Forging or altering a Canadian Certificate 38. Transfer, sale, etc., of a Canadian Certificate 39. Failing to maintain or falsifying records 40. Obstruction 40.1 Summary conviction offence 41. Punishment 42. Officers, etc., of corporations 43. Applicant for Certificate for non-resident 44. Venue 45. Evidence 45.1 Review COMING INTO FORCE 46. Coming into force SCHEDULE 51 ELIZABETH II CHAPTER 25 An Act providing for controls on the export, import or transit across Canada of rough diamonds and for a certification scheme for the export of rough diamonds in order to meet Canada’s obligations under the Kimberley Process [Assented to 12th December, 2002] Preamble WHEREAS the Kimberley Process establishes minimum requirements for an international scheme of certification for rough diamonds with a view to breaking the link between armed conflict and the trade in rough diamonds; AND WHEREAS Canada is a participant in the Kimberley Process; NOW, THEREFORE, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: SHORT TITLE Short title 1. This Act may be cited as the Export and Import of Rough Diamonds Act. Definitions 2. The following definitions apply in this Act. ‘‘Canadian Certificate’’ « certificat canadien » ‘‘Canadian Certificate’’ means a Kimberley Process Certificate issued by the Minister under paragraph 9(1)(a). ‘‘in transit’’ « en transit » ‘‘in transit’’, in respect of rough diamonds, means from a place outside Canada in transit through Canada to a place outside Canada. ‘‘Kimberley Process’’ « Processus de Kimberley » ‘‘Kimberley Process’’ means the international understanding among participants that was recognized by Resolution 55/56 adopted by the General Assembly of the United Nations on December 1, 2000, as that understanding is amended from time to time. INTERPRETATION � C. 25 Export and Import o ‘‘Kimberley Process Certificate’’ « certificat du Processus de Kimberley » ‘‘Kimberley Process Certificate’’ means a document, issued by a participant, that certifies that rough diamonds for export or import or in transit have been handled in a manner that meets the minimum requirements of the Kimberley Process. ‘‘Minister’’ « ministre » ‘‘Minister’’ means the Minister of Natural Resources. ‘‘participant’’ « participant » ‘‘participant’’ means a state, international organization of states or dependent territory of a state, or a customs territory, named in the schedule. ‘‘resident of Canada’’ « résident du Canada » ‘‘resident of Canada’’ means an individual who ordinarily resides in Canada or a corporation that has its head office, or operates a branch office, in Canada. ‘‘rough diamond’’ « diamant brut » ‘‘rough diamond’’ means a diamond that is unsorted, unworked or simply sawn, cleaved or bruted, and that falls under subheading 7102.10, 7102.21 or 7102.31 in the List of Tariff Provisions set out in the schedule to the Customs Tariff. MINISTERIAL POWERS Amendment of schedule 3. The Minister may, by order, amend the schedule by adding the name of a state, international organization of states or dependent territory of a state, or a customs territory, that participates in the Kimberley Process or by deleting the name of an entity that ceases to participate in that Process. Disclosure 4. For the purpose of administering this Act, the Minister may disclose any information received in an application for a Canadian Certificate or gathered in the course of an inspection under this Act if the Minister considers the disclosure to be in the public interest, taking into account the competitive position of the individual, corporation, partnership, trust, organization or association of persons affected by the disclosure. Statistics 5. The Minister may collect, compile and use statistics respecting Canadian Certificates and Kimberley Process Certificates accompanying imports into Canada for analysis, study Exportation et importati or exchange with other participants. The Minister may publish the number of such certificates. Delegation of ministerial powers, duties and functions 6. The Minister may authorize any person, subject to any terms and conditions that the Minister may specify, to exercise or perform on the Minister’s behalf a power of the Minister under any other provision of this Act except section 3, subsection 7(1) and section 35. Designation of inspectors and investigators 7. (1) The Minister may designate as an inspector for the administration of this Act, or as an investigator for the enforcement of this Act, any person or class of persons that the Minister considers qualified. Designation document (2) The Minister must give every person designated under subsection (1) a designation document specifying the terms and conditions of their designation. EXPORTING ROUGH DIAMONDS Requirements for exporting rough diamonds 8. Every person who exports rough diamonds must ensure that, on export, they are in a container that meets the requirements of the regulations and are accompanied by a Canadian Certificate. Issuance of Canadian Certificate 9. (1) On receiving an application for a Canadian Certificate from a resident of Canada for the export of rough diamonds, the Minister must (a) if the application meets the requirements of the regulations and of subsection (2), issue a Canadian Certificate; (b) if the application does not meet the requirements of the regulations, send a notice to the applicant containing written reasons for the deficiency; or (c) if the application does not meet the criteria in subsection (2), reject the application and send to the applicant written reasons for the rejection. Criteria (2) Before issuing a Canadian Certificate, the Minister must be satisfied that (a) the export is to a participant; (b) the information contained in the application is accurate; � C. 25 Export and Import o (c) the rough diamonds in respect of which the application is made originated in Canada, were extracted from mineral concentrates in Canada , were imported from a participant or were in Canada at the time of the coming into force of this section; and (d) the fees established by the regulations for the issuance of the certificate have been paid. Notice of deficiency 10. If an applicant who receives a notice under paragraph 9(1)(b) does not remedy the deficiency within such time as the Minister considers reasonable, the Minister may reject the application. Replacement certificate 11. If any information appearing on a Canadian Certificate is inaccurate or has changed, the Minister may, on application by the holder of the certificate made in accordance with the regulations, issue a replacement certificate. Invalidation of Canadian Certificate 12. If the Minister determines that information provided by an applicant in order to obtain a Canadian Certificate, or information appearing on the certificate, is inaccurate or has changed, the Minister may invalidate the certificate. Reporting 13. (1) Every person who exports rough diamonds must report the export to the Minister in accordance with the regulations. Points of exit (2) Every person who exports rough diamonds must do so at a point of exit designated under the regulations, if any. IMPORTING ROUGH DIAMONDS Requirements for importing rough diamonds 14. Every person who imports rough diamonds must ensure that, on import, they are in a container that meets the requirements of the regulations and are accompanied by a Kimberley Process Certificate that (a) was issued by a participant; (b) has not been invalidated by the participant; and (c) contains accurate information. Exportation et importati Return of imported rough diamonds 15. (1) If imported rough diamonds arrive in Canada accompanied by a Kimberley Process Certificate that meets the requirements of section 14 but are in a container that has been opened, the Minister may order the person who imported the rough diamonds to return them to the participant who issued the certificate. Exception (2) If the Minister orders the return of the rough diamonds, they may not be seized. Reporting 16. (1) Every person who imports rough diamonds must report the import to the Minister in accordance with the regulations. Point of entry (2) Every person who imports rough diamonds must do so at a point of entry designated under the regulations, if any. IN-TRANSIT ROUGH DIAMONDS Seizure of in-transit rough diamonds 17. (1) An investigator may seize in-transit rough diamonds if they are not accompanied by a Kimberley Process Certificate or are in a container that has been opened. Return of in-transit rough diamonds (2) The Minister may order in-transit rough diamonds accompanied by a Kimberley Process Certificate to be returned to the participant who issued the certificate if they arrive in Canada in a container that has been opened. No seizure in case of return (3) If the Minister orders their return, the rough diamonds may not be seized. Interpretation 18. For the purposes of this Act, in-transit rough diamonds are deemed not to be imported or exported. INSPECTIONS Powers 19. (1) For the purpose of administering this Act, an inspector may (a) enter and inspect any place or conveyance, other than a dwelling-place, where the inspector has reason to believe that there are rough diamonds to which this Act applies or any record, book of account or other document or data relevant to the administration of this Act; (b) open or cause to be opened any package or container that the inspector has reason to � C. 25 Export and Import o believe contains anything referred to in paragraph (a); (c) require any person to present anything referred to in paragraph (a) for inspection in the manner and under any conditions that the inspector considers necessary to carry out the inspection; (d) require any person to present any document or thing that may serve to establish the identity of the person or the origin of the rough diamonds; (e) examine rough diamonds or any other things related to rough diamonds; (f) examine any record, book of account or other document or data that the inspector has reason to believe contains information that is relevant to the administration of this Act and make copies of any of them; and (g) take measurements of rough diamonds and conduct tests or analyses that do not affect their value. Operation of computer and copying equipment (2) In exercising any of the powers referred to in subsection (1), an inspector may (a) use any computer or data processing system to examine any data contained in or available to the computer or system; (b) reproduce any record from the data, in the form of a printout or other intelligible output, and remove the printout or other output for examination or copying; and (c) use any equipment at the place to make copies of any data or any record, book of account or other document. Stopping a conveyance 20. An inspector may stop a conveyance or direct that it be moved to a place where an inspection may be carried out if the inspector has reason to believe that it contains rough diamonds to which this Act applies or any record, book of account or other document or data that is relevant to the administration of this Act. Exportation et importati Production of designation document 21. When exercising their powers under this Act, inspectors must, on request, show their designation document. Duty to assist 22. The owner or person in charge of a place or conveyance that is entered by an inspector and every person found there must give the inspector all reasonable assistance to enable the inspector to exercise his or her powers and carry out his or her duties and provide the inspector with any information relevant to the administration of this Act that the inspector requires. INVESTIGATIONS Designation document to be produced 23. When exercising their enforcement powers, investigators must, on request, show their designation document. Entry 24. When exercising their enforcement powers, investigators may enter on and pass through or over private property. DISPOSITION OF THINGS SEIZED Notice of reason for seizure 25. An investigator or a peace officer who seizes rough diamonds or other things must, as soon as is practicable, advise their owner, or the person having the possession, care or control of them at the time of the seizure, of the reason for the seizure and that an application may be made for their return under subsection 27(4). Storage or removal 26. The investigator or peace officer may store the rough diamonds or other things seized at the place where they were seized or remove them to a secure place for storage. Duration of detention 27. (1) Subject to subsection (3), rough diamonds or other things seized may not be detained after (a) an investigator determines that they meet the requirements of this Act; or (b) the expiry of a period of 180 days after the day of their seizure. Return of rough diamonds if no proceedings (2) If no prosecution under this Act has been instituted on the expiry of the 180-day period, the rough diamonds or other things seized must be returned to their owner or the person � C. 25 Export and Import o having the possession, care or control of them at the time of their seizure. Exception (3) If a prosecution under this Act is instituted, the rough diamonds and other things seized may be detained until the proceedings are concluded. Application for return (4) If a prosecution under this Act is instituted and rough diamonds or other things have been seized but not forfeited, their owner or the person having the possession, care or control of them at the time of their seizure may apply to the court before which the proceedings are being held for an order that the rough diamonds or other things be returned. Order (5) After hearing the application, the court may order the rough diamonds or other things seized to be returned if the court is satisfied that sufficient evidence exists or may reasonably be obtained without further detaining them. Return of rough diamonds on acquittal (6) If the accused is acquitted, the court may order that the rough diamonds or other things seized be returned to their owner or the person having the possession, care or control of them at the time of their seizure. FORFEITURE Forfeiture of rough diamonds and other things 28. If a person is convicted of an offence under this Act, the convicting court may, on its own motion or at the request of any party to the proceedings, in addition to any punishment imposed, order the forfeiture to Her Majesty in right of Canada of rough diamonds or other things seized, by means of or in relation to which the offence was committed. Consensual forfeiture 29. If the owner of rough diamonds or other things seized consents at any time to their forfeiture, they are forfeited to Her Majesty in right of Canada. Forfeiture certificate 30. If rough diamonds or other things are forfeited under this Act, the Minister shall provide their former owner or the person having the possession, care or control of them at the time they were seized with a forfeiture certificate. Exportation et importati Disposition of rough diamonds forfeited 31. Rough diamonds or other things forfeited under this Act must be disposed of in the manner prescribed by the regulations. Return of things seized if no forfeiture 32. (1) If rough diamonds or other things seized are not forfeited under this Act, they must be returned to their owner or the person having the possession, care or control of them at the time of their seizure. Exception (2) If the owner of rough diamonds or other things seized or the person having the possession, care or control of them at the time of their seizure is convicted of an offence under this Act and a fine is imposed, the rough diamonds or other things may be retained until the fine is paid. LIABILITY FOR COSTS Liability for costs 33. (1) Persons convicted of an offence under this Act are jointly and severally, or solidarily, liable for all the costs relating to the seizure, detention or forfeiture of rough diamonds or other things incurred by Her Majesty in right of Canada in excess of the net proceeds of disposition, if any. Debt due to Her Majesty (2) The costs referred to in subsection (1) are debts due to Her Majesty, and proceedings to recover them may be instituted in a court of competent jurisdiction at any time within five years after the time they were incurred. REGULATIONS Regulations 34. The Governor in Council may make any regulations that are necessary for carrying out the purposes or provisions of this Act, including regulations (a) prescribing the fees payable for the issuance or replacement of a Canadian Certificate; and (b) designating any place as a point of entry for importing rough diamonds or as a point of exit for exporting them. �� Ministerial regulations C. 25 Export and Import o 35. The Minister may make regulations (a) respecting the manner of submitting an application under subsection 9(1) or section 11 and specifying the information that must be included in it and the documents that must accompany it; (b) specifying the content of Canadian Certificates and the period of their validity; (c) respecting the place and manner of submitting a report under subsection 13(1) and specifying the information that must be included in it; (d) respecting the place and manner of submitting a report under subsection 16(1) and specifying the information that must be included in the report and documents that must accompany it; (e) prescribing the requirements for containers to be used for the export or import of rough diamonds; (f) prescribing the records, books of account or other documents or data to be kept by persons who export or import rough diamonds, their form and content and the period during which they must be kept; and (g) respecting the disposition of rough diamonds or other things that are forfeited under this Act, the persons to be notified of their disposition and the manner of the notification. OFFENCES AND PUNISHMENT False or misleading information, and misrepresentation 36. No person shall wilfully furnish any false or misleading information or knowingly make any misrepresentation in an application for a Canadian Certificate or in connection with any subsequent use of the certificate or the export or disposition of the rough diamonds to which it relates. Forging or altering a Canadian Certificate 37. No person shall forge a Canadian Certificate or erase or alter information appearing on one. Exportation et importati Transfer, sale, etc., of a Canadian Certificate 38. No person shall transfer, assign, give, barter or sell a Canadian Certificate if the person knows or ought to know that it will be used for the export of rough diamonds other than those in respect of which it was issued. Failing to maintain or falsifying records 39. No person shall, in order to avoid compliance with this Act, (a) destroy, alter, mutilate, secrete or dispose of records, books of account or other documents or data that they are required to keep under the regulations; (b) make false or deceptive entries in those records, books, documents or data; or (c) omit a material particular from those records, books, documents or data. Obstruction 40. No person shall interfere with an inspector who is doing, or hinder or prevent an inspector from doing, anything that the inspector is authorized to do under this Act. Summary conviction offence 40.1 (1) Every person who contravenes subsection 13(1) or (2) or 16(1) or (2) or section 22 or 40 is guilty of an offence punishable on summary conviction. Limitation period (2) A prosecution under subsection (1) may be instituted not later than three years after the time when the subject-matter of the complaint arose. Punishment 41. (1) Subject to subsection (2), every person who contravenes section 8 or 14 or any of sections 36 to 39 is guilty of (a) an indictable offence and liable to a fine in an amount that is in the discretion of the court or to imprisonment for a term not exceeding 10 years, or to both; or (b) an offence punishable on summary conviction and liable to a fine not exceeding $25,000 or to imprisonment for a term not exceeding 12 months, or to both. �� C. 25 Export and Import o Defence (2) No person may be convicted of an offence for contravening section 14 in relation to rough diamonds that the Minister has ordered returned under subsection 15(1). Limitation period (3) A prosecution under paragraph (1)(b) may be instituted not later than three years after the time when the subject-matter of the complaint arose. Factors to be considered when imposing sentence (4) If an offender is convicted or discharged, under section 730 of the Criminal Code, of an offence under this Act, the court sentencing or discharging the offender shall, in addition to considering any other relevant factors, consider the nature and value of the exported or imported rough diamonds that are the subject-matter of the offence. Additional fine (5) If a person has been convicted of an offence under this Act and the court is satisfied that monetary benefits accrued to the person as a result of the commission of the offence, the court may order the person to pay an additional fine in an amount equal to the court’s determination of the amount of the monetary benefits. Officers, etc., of corporations 42. If a corporation commits an offence under this Act, any officer or director of the corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to and guilty of the offence and is liable on conviction to the punishment provided for the offence whether or not the corporation has been prosecuted or convicted. Applicant for Certificate for non-resident 43. If a Canadian Certificate is issued to a person who has applied for it for, on behalf of or for the use of another person who is not a resident of Canada and that other person commits an offence under this Act, the person who applied for the certificate is, whether or not the non-resident person has been prosecuted or convicted, guilty of the like offence and liable, on conviction, to the punishment provided for the offence, on proof that the act or omission constituting the offence took place with the knowledge or consent of the person who applied for the certificate or that the person who applied for it failed to exercise due diligence to prevent the commission of the offence. Exportation et importati Venue 44. Any proceeding in respect of an offence under this Act may be instituted, tried or determined in the province where the offence was committed or in the province in which the person charged with the offence is, resides or has an office or place of business at the time the proceedings are instituted. Evidence 45. (1) The original or a copy of a bill of lading, customs form, commercial invoice or other document, in this section called a ‘‘shipping document’’, is admissible in evidence in any prosecution under this Act in respect of rough diamonds if it appears from the shipping document that (a) the rough diamonds were sent or shipped from Canada or came into Canada; (b) a person, as shipper, consignor or consignee, sent or shipped the rough diamonds from Canada or brought the rough diamonds into Canada; or (c) the rough diamonds were sent or shipped to a particular destination or person. Proof of the facts (2) In the absence of evidence to the contrary, a shipping document that is admissible in evidence under subsection (1) is proof of any of the facts set out in paragraph (1)(a), (b) or (c). Review 45.1 (1) Three years after its coming into force, the Minister shall cause a review of the provisions and operation of this Act to be undertaken. Report (2) The Minister shall, within six months after causing a review to be undertaken pursuant to subsection (1), submit a report on the review to Parliament. If Parliament is not then sitting, the Minister shall submit the report to Parliament within the first 15 sitting days thereafter. COMING INTO FORCE Coming into force 46. The provisions of this Act come into force on a day or days to be fixed by order of the Governor in Council. �� Export and Import of Roug C. 25 SCHEDULE (Sections 2 and 3) PARTICIPANTS Angola Australia Austria Belarus Belgium Botswana Brazil Canada Central African Republic China Cyprus Czech Republic Democratic Republic of the Congo Denmark Finland France Gabon Germany Greece Guinea India Ireland Israel Italy Ivory Coast Japan Luxembourg Mauritius Mexico Namibia Netherlands Norway Portugal Exportation et importation de Russia Sierra Leone Singapore South Africa South Korea Spain Sri Lanka Sweden Switzerland Tanzania Thailand United Arab Emirates United Kingdom United States of America Zimbabwe Published under authority of the Speaker of the House of Commons Available from: ������������� ����������������� ���������� ���������� Ottawa, Canada K1A 0S9 ��������� ����� ������������� ����������������� ���������� ����������� ������� ������� ��� ���

Second Session, Thirty-seventh Parliament, 51 Elizabeth II, 2002 STATUTES OF CANADA 2002 CHAPTER 24 An Act to implement an agreement, conventions and protocols concluded between Canada and Kuwait, Mongolia, the United Arab Emirates, Moldova, Norway, Belgium and Italy for the avoidance of double taxation and the prevention of fiscal evasion and to amend the enacted text of three tax treaties BILL S–2 ASSENTED TO 12th DECEMBER, 2002 SUMMARY The main purpose of this enactment is to implement tax treaties — tax conventions or agreements and protocols thereto — that have been concluded with Kuwait, Mongolia, the United Arab Emirates, Moldova, Norway, Belgium and Italy. This enactment also amends the enacted text of three tax treaties. Parts 1 to 4 of this enactment implement tax treaties with Kuwait, Mongolia, the United Arab Emirates and Moldova. This is the first time that Canada has concluded a tax treaty with any of these States. Parts 5 to 7 of this enactment implement the most recent tax treaties with Norway, Belgium and Italy. Parts 8 to 10 of this enactment correct errors in the English version of tax treaties with Vietnam, Portugal and Senegal, which are already enacted. ��� ������������� ������������ ��� ��������� �� ��� ������������� �������� ������������� �� ��� ��������� �������� ��������������������� TABLE OF PROVISIONS AN ACT TO IMPLEMENT AN AGREEMENT, CONVENTIONS AND PROTOCOLS CONCLUDED BETWEEN CANADA AND KUWAIT, MONGOLIA, THE UNITED ARAB EMIRATES, MOLDOVA, NORWAY, BELGIUM AND ITALY FOR THE AVOIDANCE OF DOUBLE TAXATION AND THE PREVENTION OF FISCAL EVASION AND TO AMEND THE ENACTED TEXT OF THREE TAX TREATIES SHORT TITLE 1. Short title PART 1 CANADA–KUWAIT TAX AGREEMENT 2. Canada–Kuwait Tax Agreement Act, 2002 PART 2 CANADA–MONGOLIA TAX CONVENTION 3. Canada–Mongolia Tax Convention Act, 2002 PART 3 CANADA–UNITED ARAB EMIRATES TAX CONVENTION 4. Canada–United Arab Emirates Tax Convention Act, 2002 PART 4 CANADA–MOLDOVA TAX CONVENTION 5. Canada–Moldova Tax Convention Act, 2002 PART 5 CANADA–NORWAY TAX CONVENTIONS 6. Canada–Norway Tax Convention Act, 2002 7. Canada–Norway Income Tax Convention Act, 1967 �� PART 6 CANADA–BELGIUM TAX CONVENTION 8. An Act to implement conventions for the avoidance of double taxation with respect to income tax between Canada and France, Canada and Belgium and Canada and Israel PART 7 CANADA–ITALY TAX CONVENTION 9. An Act to implement conventions between Canada and Spain, Canada and the Republic of Austria, Canada and Italy, Canada and the Republic of Korea, Canada and the Socialist Republic of Romania and Canada and the Republic of Indonesia and agreements between Canada and Malaysia, Canada and Jamaica and Canada and Barbados and a convention between Canada and the United Kingdom of Great Britain and Northern Ireland for the avoidance of double taxation with respect to income tax PART 8 CANADA–VIETNAM TAX AGREEMENT 10. Income Tax Conventions Implementation Act, 1998 PART 9 CANADA–PORTUGAL TAX CONVENTION 11. Income Tax Conventions Implementation Act, 1999 PART 10 CANADA–SENEGAL TAX CONVENTION 12. Income Tax Conventions Implementation Act, 2001 SCHEDULES 1 TO 7 51 ELIZABETH II CHAPTER 24 An Act to implement an agreement, conventions and protocols concluded between Canada and Kuwait, Mongolia, the United Arab Emirates, Moldova, Norway, Belgium and Italy for the avoidance of double taxation and the prevention of fiscal evasion and to amend the enacted text of three tax treaties [Assented to 12th December, 2002] Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: SHORT TITLE Short title 1. This Act may be cited as the Tax Conventions Implementation Act, 2002. PART 1 CANADA–KUWAIT TAX AGREEMENT 2. (1) The Canada–Kuwait Tax Agreement Act, 2002 is enacted as follows: An Act to implement the Canada–Kuwait Tax Agreement Short title 1. This Act may be cited as the Canada–Kuwait Tax Agreement Act, 2002. Definition of ‘‘Agreement’’ 2. In this Act, ‘‘Agreement’’ means the Agreement between the Government of Canada and the Government of the State of Kuwait set out in the schedule. Agreement approved 3. The Agreement is approved and has the force of law in Canada during the period that the Agreement, by its terms, is in force. Inconsistent laws — general rule 4. (1) Subject to subsection (2), in the event of any inconsistency between the provisions of this Act or the Agreement and the provisions of any other law, the provisions of this � Tax Conventions Imp C. 24 Act and the Agreement prevail to the extent of the inconsistency. Inconsistent laws — exception (2) In the event of any inconsistency between the provisions of the Agreement and the provisions of the Income Tax Conventions Interpretation Act, the provisions of that Act prevail to the extent of the inconsistency. Regulations 5. The Minister of National Revenue may make any regulations that are necessary for carrying out the Agreement or for giving effect to any of its provisions. Notification 6. The Minister of Finance shall cause a notice of the day on which the Agreement enters into force and of the day on which it ceases to have effect to be published in the Canada Gazette within 60 days after its entry into force or termination. (2) The schedule to the Canada–Kuwait Tax Agreement Act, 2002 is set out in Schedule 1 to this Act. PART 2 CANADA–MONGOLIA TAX CONVENTION 3. (1) The Canada–Mongolia Tax Convention Act, 2002 is enacted as follows: An Act to implement the Canada–Mongolia Tax Convention Short title 1. This Act may be cited as the Canada– Mongolia Tax Convention Act, 2002. Definition of ‘‘Convention’’ 2. In this Act, ‘‘Convention’’ means the Convention between the Government of Canada and the Government of Mongolia set out in the schedule. Convention approved 3. The Convention is approved and has the force of law in Canada during the period that the Convention, by its terms, is in force. Inconsistent laws — general rule 4. (1) Subject to subsection (2), in the event of any inconsistency between the provisions of this Act or the Convention and the provisions of any other law, the provisions of this Act and the Convention prevail to the extent of the inconsistency. Conventions fis Inconsistent laws — exception (2) In the event of any inconsistency between the provisions of the Convention and the provisions of the Income Tax Conventions Interpretation Act, the provisions of that Act prevail to the extent of the inconsistency. Regulations 5. The Minister of National Revenue may make any regulations that are necessary for carrying out the Convention or for giving effect to any of its provisions. Notification 6. The Minister of Finance shall cause a notice of the day on which the Convention enters into force and of the day on which it ceases to have effect to be published in the Canada Gazette within 60 days after its entry into force or termination. (2) The schedule to the Canada–Mongolia Tax Convention Act, 2002 is set out in Schedule 2 to this Act. PART 3 CANADA–UNITED ARAB EMIRATES TAX CONVENTION 4. (1) The Canada–United Arab Emirates Tax Convention Act, 2002 is enacted as follows: An Act to implement the Canada–United Arab Emirates Tax Convention Short title 1. This Act may be cited as the Canada– United Arab Emirates Tax Convention Act, 2002. Definition of ‘‘Convention’’ 2. In this Act, ‘‘Convention’’ means the Convention between the Government of Canada and the Government of the United Arab Emirates set out in Schedule 1, as amended by the Protocol set out in Schedule 2. Convention approved 3. The Convention is approved and has the force of law in Canada during the period that the Convention, by its terms, is in force. Inconsistent laws — general rule 4. (1) Subject to subsection (2), in the event of any inconsistency between the provisions of this Act or the Convention and the provisions of any other law, the provisions of this Act and the Convention prevail to the extent of the inconsistency. � Tax Conventions Imp C. 24 Inconsistent laws — exception (2) In the event of any inconsistency between the provisions of the Convention and the provisions of the Income Tax Conventions Interpretation Act, the provisions of that Act prevail to the extent of the inconsistency. Regulations 5. The Minister of National Revenue may make any regulations that are necessary for carrying out the Convention or for giving effect to any of its provisions. Notification 6. The Minister of Finance shall cause a notice of the day on which the Convention enters into force and of the day on which it ceases to have effect to be published in the Canada Gazette within 60 days after its entry into force or termination. (2) Schedules 1 and 2 to the Canada– United Arab Emirates Tax Convention Act, 2002 are set out in Schedule 3 to this Act. PART 4 CANADA–MOLDOVA TAX CONVENTION 5. (1) The Canada–Moldova Tax Convention Act, 2002 is enacted as follows: An Act to implement the Canada–Moldova Tax Convention Short title 1. This Act may be cited as the Canada– Moldova Tax Convention Act, 2002. Definition of ‘‘Convention’’ 2. In this Act, ‘‘Convention’’ means the Convention between the Government of Canada and the Government of the Republic of Moldova set out in Schedule 1, as amended by the Protocol set out in Schedule 2. Convention approved 3. The Convention is approved and has the force of law in Canada during the period that the Convention, by its terms, is in force. Inconsistent laws — general rule 4. (1) Subject to subsection (2), in the event of any inconsistency between the provisions of this Act or the Convention and the provisions of any other law, the provisions of this Act and the Convention prevail to the extent of the inconsistency. Conventions fis Inconsistent laws — exception (2) In the event of any inconsistency between the provisions of the Convention and the provisions of the Income Tax Conventions Interpretation Act, the provisions of that Act prevail to the extent of the inconsistency. Regulations 5. The Minister of National Revenue may make any regulations that are necessary for carrying out the Convention or for giving effect to any of its provisions. Notification 6. The Minister of Finance shall cause a notice of the day on which the Convention enters into force and of the day on which it ceases to have effect to be published in the Canada Gazette within 60 days after its entry into force or termination. (2) Schedules 1 and 2 to the Canada–Moldova Tax Convention Act, 2002 are set out in Schedule 4 to this Act. PART 5 CANADA–NORWAY TAX CONVENTIONS Canada–Norway Tax Convention Act, 2002 6. (1) The Canada–Norway Tax Convention Act, 2002 is enacted as follows: An Act to implement the Canada–Norway Tax Convention Short title 1. This Act may be cited as the Canada– Norway Tax Convention Act, 2002. Definition of ‘‘Convention’’ 2. In this Act, ‘‘Convention’’ means the Convention between the Government of Canada and the Government of the Kingdom of Norway set out in the schedule. Convention approved 3. The Convention is approved and has the force of law in Canada during the period that the Convention, by its terms, is in force. Inconsistent laws — general rule 4. (1) Subject to subsection (2), in the event of any inconsistency between the provisions of this Act or the Convention and the provisions of any other law, the provisions of this Act and the Convention prevail to the extent of the inconsistency. � Tax Conventions Imp C. 24 Inconsistent laws — exception (2) In the event of any inconsistency between the provisions of the Convention and the provisions of the Income Tax Conventions Interpretation Act, the provisions of that Act prevail to the extent of the inconsistency. Regulations 5. The Minister of National Revenue may make any regulations that are necessary for carrying out the Convention or for giving effect to any of its provisions. Notification — Convention 6. The Minister of Finance shall cause a notice of the day on which the Convention enters into force and of the day on which it ceases to have effect to be published in the Canada Gazette within 60 days after its entry into force or termination. Notification — earlier tax treaties 7. The Minister of Finance shall, within 60 days after the entry into force of the Convention, cause to be published a notice of the dates on which the Agreement between the Government of Canada and the Government of the Kingdom of Norway, referred to in paragraph 4 of Article 31 of the Convention, and the 1966 Convention, referred to in paragraph 5 of Article 31 of the Convention, terminate. (2) The schedule to the Canada–Norway Tax Convention Act, 2002 is set out in Schedule 5 to this Act. 1966-67, c. 75, Part III Canada–Norway Income Tax Convention Act, 1967 7. Section 9 of the Canada–Norway Income Tax Convention Act, 1967 is repealed. PART 6 CANADA–BELGIUM TAX CONVENTION 1974-75-76, c. 104 An Act to implement conventions for the avoidance of double taxation with respect to income tax between Canada and France, Canada and Belgium and Canada and Israel Conventions fis 8. (1) Schedule II to An Act to implement conventions for the avoidance of double taxation with respect to income tax between Canada and France, Canada and Belgium and Canada and Israel is replaced by the Schedule II set out in Schedule 6 to this Act. (2) For greater certainty, the Convention set out in Schedule II to the Act, as enacted by chapter 104 of the Statutes of Canada, 1974-75-76, ceases to apply in accordance with Article 28 of the Convention set out in Schedule 6 to this Act. PART 7 CANADA–ITALY TAX CONVENTION 1980-81-82-83, c. 44 An Act to implement conventions between Canada and Spain, Canada and the Republic of Austria, Canada and Italy, Canada and the Republic of Korea, Canada and the Socialist Republic of Romania and Canada and the Republic of Indonesia and agreements between Canada and Malaysia, Canada and Jamaica and Canada and Barbados and a convention between Canada and the United Kingdom of Great Britain and Northern Ireland for the avoidance of double taxation with respect to income tax 9. (1) Schedule III to An Act to implement conventions between Canada and Spain, Canada and the Republic of Austria, Canada and Italy, Canada and the Republic of Korea, Canada and the Socialist Republic of Romania and Canada and the Republic of Indonesia and agreements between Canada and Malaysia, Canada and Jamaica and Canada and Barbados and a convention between Canada and the United Kingdom of Great Britain and Northern Ireland for the avoidance of double taxation with respect to income tax is replaced by the Schedule III set out in Schedule 7 to this Act. � Tax Conventions Imp C. 24 (2) For greater certainty, the Convention set out in Schedule III to the Act, as enacted by chapter 44 of the Statutes of Canada, 1980-81-82-83, and the 1989 Protocol modifying that Convention, both of which are referred to in Article 28 of the Convention set out in Schedule 7 to this Act, cease to apply in accordance with that Article. PART 8 CANADA–VIETNAM TAX AGREEMENT 1998, c. 33 Income Tax Conventions Implementation Act, 1998 10. (1) Paragraph 3 of Article 12 of the Agreement set out in Schedule 1 to the English version of the Income Tax Conventions Implementation Act, 1998 is replaced by the following: 3. The term ‘‘royalties’’ as used in this Article means payments of any kind received as a consideration for the use of, or the right to use, any copyright of literary, artistic or scientific work (including payments of any kind in respect of motion picture films and works on film, tape or other means of reproduction for radio or television broadcasting), any patent, trade mark, design or model, plan, secret formula or process, or for the use of, or the right to use, industrial, commercial or scientific equipment, or for information concerning industrial, commercial or scientific experience. (2) Subsection (1) applies (a) in respect of tax withheld at the source on amounts paid or credited to non-residents after December 31, 1998; and (b) in respect of other taxes for taxation years beginning after December 31, 1998. Conventions fis PART 9 CANADA–PORTUGAL TAX CONVENTION 2000, c. 11 Income Tax Conventions Implementation Act, 1999 11. (1) Paragraph 1 of Article 23 of the Convention set out in Part 1 of Schedule 5 to the English version of the Income Tax Conventions Implementation Act, 1999 is replaced by the following: 1. Nationals of a Contracting State shall not be subjected in the other Contracting State to any taxation or any requirement connected therewith which is other or more burdensome than the taxation and connected requirements to which nationals of that other State in the same circumstances, in particular with respect to residence, are or may be subjected. This provision shall, notwithstanding the provisions of Article 1, also apply to individuals who are not residents of one or both of the Contracting States. (2) Subsection (1) applies (a) in Canada, (i) in respect of tax withheld at the source on amounts paid or credited to non-residents, after December 31, 2001, and (ii) in respect of other Canadian taxes, for taxation years beginning after December 31, 2001; and (b) in Portugal, (i) in respect of tax withheld at source, the fact giving rise to them appearing after December 31, 2001, and (ii) in respect of other taxes, to income derived during any taxable period beginning after December 31, 2001. �� Tax Conventions Imp C. 24 PART 10 CANADA–SENEGAL TAX CONVENTION 2001, c. 30 Income Tax Conventions Implementation Act, 2001 12. The signature block of the Convention set out in Schedule 5 to the English version of the Income Tax Conventions Implementation Act, 2001 is amended by replacing the words ‘‘DONE in duplicate at this’’ with the words ‘‘DONE in duplicate at Dakar this’’. Conventions fiscales SCHEDULE 1 (Section 2) SCHEDULE (Section 2) AGREEMENT BETWEEN THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF THE STATE OF KUWAIT FOR THE AVOIDANCE OF DOUBLE TAXATION AND THE PREVENTION OF FISCAL EVASION WITH RESPECT TO TAXES ON INCOME AND ON CAPITAL The Government of Canada and the Government of the State of Kuwait, desiring to promote their mutual economic relations by removing fiscal obstacles, through the conclusion of an agreement for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income and on capital, have agreed as follows: ARTICLE 1 Personal Scope This Agreement shall apply to persons who are residents of one or both of the Contracting States. ARTICLE 2 Taxes Covered 1. This Agreement shall apply to taxes on income and on capital imposed on behalf of each Contracting State, irrespective of the manner in which they are levied. 2. There shall be regarded as taxes on income and on capital all taxes imposed on total income, on total capital, or on elements of income or of capital, including taxes on gains from the alienation of movable or immovable property, as well as taxes on capital appreciation. 3. The existing taxes to which this Agreement shall apply are in particular: a) in the case of Canada: the taxes on income and on capital imposed by the Government of Canada (hereinafter referred to as ‘‘Canadian tax’’); b) in the case of Kuwait: (1) the corporate income tax; (2) the contribution from the net profits of the Kuwaiti shareholding companies payable to the Kuwait Foundation for Advancement of Science (KFAS); and (3) the Zakat; (hereinafter referred to as ‘‘Kuwaiti tax’’). �� Tax Conventions Implement C. 24 4. This Agreement shall apply also to any identical or substantially similar taxes, which are imposed after the date of signature of this Agreement in addition to, or in place of, the existing taxes. The competent authorities of the Contracting States shall notify each other of any substantial changes, which have been made in their respective taxation laws. ARTICLE 3 General Definitions 1. For the purposes of this Agreement, unless the context otherwise requires: a) the term ‘‘Canada’’ used in a geographical sense, means the territory of Canada, including: (1) any area beyond the territorial seas of Canada which, in accordance with international law and the laws of Canada, is an area within which Canada may exercise rights with respect to the seabed and subsoil and their natural resources; (2) the seas and airspace above every area referred to in clause (1), in respect of any activity carried on in connection with the exploration for or the exploitation of the natural resources referred to therein; b) the term ‘‘Kuwait’’ means the territory of the State of Kuwait including any area beyond the territorial sea which in accordance with international law has been or may hereafter be designated, under the laws of Kuwait, as an area over which Kuwait may exercise sovereign rights or jurisdiction; c) the terms ‘‘a Contracting State’’ and ‘‘the other Contracting State’’ mean Canada or Kuwait as the context requires; d) the term ‘‘person’’ includes an individual, a trust, a company and other body of persons; e) the term ‘‘national’’ means: (1) in respect of Canada: any Canadian within the meaning of the laws of Canada, and any legal person, partnership or association deriving its status as such from the laws in force in Canada; (2) in respect of Kuwait: any individual possessing the Kuwaiti nationality, and any legal person, partnership, association or other entity deriving its status as such from the laws in force in Kuwait; f) the term ‘‘company’’ means any body corporate or any entity which is treated as a body corporate for tax purposes; Conventions fiscales g) the terms ‘‘enterprise of a Contracting State’’ and ‘‘enterprise of the other Contracting State’’ mean respectively an enterprise carried on by a resident of a Contracting State and an enterprise carried on by a resident of the other Contracting State; h) the term ‘‘international traffic’’ means any transport by a ship or aircraft operated by an enterprise of a Contracting State, except when the ship or aircraft is operated solely between places in the other Contracting State; i) the term ‘‘tax’’ means Canadian tax or Kuwaiti tax, as the context requires; j) the term ‘‘competent authority’’ means: (1) in Canada: the Minister of National Revenue or the Minister’s authorized representative; (2) in Kuwait: the Minister of Finance or the Minister’s authorized representative; k) the term ‘‘fixed base’’ includes a permanent place for the purpose of performing professional services or other activities of an independent nature. 2. As regards the application of this Agreement by a Contracting State any term not defined therein shall, unless the context otherwise requires, have the meaning which it has under the law of that Contracting State concerning the taxes to which this Agreement applies. ARTICLE 4 Resident 1. For the purposes of this Agreement the term ‘‘resident of a Contracting State’’ means: a) in the case of Canada: any person who, under the tax law of Canada is liable to tax therein by reason of the person’s domicile, residence, place of management or any other criterion of a similar nature, but does not include any person who is liable to tax in Canada in respect only of income from sources in Canada; b) in the case of Kuwait: (1) an individual who is a Kuwaiti national, provided that the individual has a substantial presence, permanent home or habitual abode in Kuwait and that the individual’s personal and economic relations are closer to Kuwait than to any other third state; and (2) a company which is incorporated in Kuwait. �� C. 24 Tax Conventions Implement 2. For the purposes of paragraph 1, the term ‘‘resident of a Contracting State’’ shall include: a) the Government of that Contracting State or a political subdivision or local authority thereof; and b) any corporation, Central Bank, fund, authority, foundation, commission, agency or other entity that was established under the law of that Contracting State and that is wholly-owned and controlled by the Government of that Contracting State or a political subdivision or local authority thereof, by any entity referred to in this subparagraph or by any combination thereof; and c) any entity established in that Contracting State all the capital of which has been provided by the Government of that Contracting State or a political subdivision or local authority thereof either alone or together with the governments of other States. 3. Where by reason of the provisions of paragraph 1 an individual is a resident of both Contracting States, then the individual’s status shall be determined in accordance with the following rules: a) the individual shall be deemed to be a resident only of the Contracting State in which the individual has a permanent home available; b) if the individual has a permanent home available in both Contracting States, the individual shall be deemed to be a resident only of the Contracting State with which the individual’s personal and economic relations are closer (centre of vital interests); c) if the Contracting State in which the individual’s centre of vital interests cannot be determined, or if the individual has not a permanent home available in either Contracting State, the individual shall be deemed to be a resident only of the Contracting State in which the individual has a habitual abode; d) if the individual has an habitual abode in both Contracting States or in neither of them, the individual shall be deemed to be a resident only of the Contracting State of which the individual is a national; e) if the individual’s status cannot be determined under the provisions of subparagraphs a) to d), the competent authorities of the Contracting States shall settle the question by mutual agreement. 4. Where by reason of the provisions of paragraph 1 a person other than an individual is a resident of both Contracting States, then it shall be deemed to be a resident only of the Contracting State of which it is a national. Conventions fiscales ARTICLE 5 Permanent Establishment 1. For the purposes of this Agreement, the term ‘‘permanent establishment’’ means a fixed place of business through which the business of an enterprise is wholly or partly carried on. 2. The term ‘‘permanent establishment’’ includes especially: a) a place of management; b) a branch; c) an office; d) a factory; e) a workshop; and f) a mine, an oil or gas well, a quarry or any other place relating to the exploration for or the exploitation of natural resources. 3. A building site, or construction, assembly, erection or installation project or a supervisory activity in connection therewith constitutes a permanent establishment only if such site, project or activity continues for a period of more than six months. 4. The furnishing of services, including consultancy services, by an enterprise of a Contracting State through employees or other engaged personnel in the other Contracting State constitutes a permanent establishment provided that such activities continue for the same project or a connected project for a period or periods aggregating more than six months within any twelve-month period. 5. An enterprise of a Contracting State shall be deemed to have a permanent establishment in the other Contracting State if substantial equipment is being used or installed for more than three months within any twelve-month period in the other Contracting State by, for or under contract with the enterprise. 6. Notwithstanding the preceding provisions of this Article, the term ‘‘permanent establishment’’ shall be deemed not to include: a) the use of facilities solely for the purpose of storage, display or delivery of goods or merchandise belonging to the enterprise; b) the maintenance of a stock of goods or merchandise belonging to the enterprise solely for the purpose of storage, display or delivery; c) the maintenance of a stock of goods or merchandise belonging to the enterprise solely for the purpose of processing by another enterprise; d) the maintenance of a fixed place of business solely for the purpose of purchasing goods or merchandise or of collecting information, for the enterprise; �� C. 24 Tax Conventions Implement e) the maintenance of a fixed place of business solely for the purpose of advertising, for the supply of information, for scientific research or for similar activities which have a preparatory or auxiliary character, for the enterprise; f) the maintenance of a fixed place of business solely for any combination of activities mentioned in subparagraphs a) to e), provided that the overall activity of the fixed place of business resulting from this combination is of a preparatory or auxiliary character. 7. Notwithstanding the provisions of paragraphs 1 and 2, where a person — other than an agent of an independent status to whom paragraph 8 applies — is acting in a Contracting State on behalf of an enterprise of the other Contracting State, that enterprise shall be deemed to have a permanent establishment in the first-mentioned Contracting State, in respect of any activities which that person undertakes for the enterprise, if: a) that person has and habitually exercises in the first-mentioned Contracting State a general authority to negotiate and conclude contracts in the name of such enterprise; or b) that person has no such authority, but habitually maintains in the first-mentioned Contracting State a stock of goods or merchandise belonging to such enterprise from which that person regularly delivers goods or merchandise on behalf of such enterprise; or c) that person habitually secures orders in the first-mentioned Contracting State, exclusively or almost exclusively for the enterprise itself or for such enterprise and other enterprises which are controlled by it or have a controlling interest in it; or d) in so acting, that person manufactures in that Contracting State for the enterprise goods or merchandise belonging to the enterprise. 8. An enterprise of a Contracting State shall not be deemed to have a permanent establishment in the other Contracting State merely because it carries on business in that other Contracting State through a broker, general commission agent or any other agent of an independent status, provided that such persons are acting in the ordinary course of their business. However, when the activities of such a person are devoted wholly or almost wholly on behalf of that enterprise, that person shall not be considered an agent of an independent status within the meaning of this paragraph. 9. The fact that a company which is a resident of a Contracting State controls or is controlled by a company which is a resident of the other Contracting State, or which carries on business in that other Contracting State (whether through a permanent establishment or otherwise), shall not of itself constitute either company a permanent establishment of the other. Conventions fiscales ARTICLE 6 Income from Immovable Property 1. Income derived by a resident of a Contracting State from immovable property (including income from agriculture or forestry) situated in the other Contracting State may be taxed in that other Contracting State. 2. The term ‘‘immovable property’’ shall have the meaning, which it has under the law of the Contracting State in which the property in question is situated. The term shall in any case include property accessory to immovable property, livestock and equipment used in agriculture and forestry, rights to which the provisions of general law respecting landed property apply, usufruct of immovable property and rights to variable or fixed payments as consideration for the working of, or the right to work, mineral deposits, sources and other natural resources; ships and aircraft shall not be regarded as immovable property. 3. The provisions of paragraph 1 shall apply to income derived from the direct use, letting, or use in any other form of immovable property and to profits from the alienation of such property. 4. The provisions of paragraphs 1 and 3 shall also apply to the income from immovable property of an enterprise and to income from immovable property used for the performance of independent personal services. ARTICLE 7 Business Profits 1. The profits of an enterprise of a Contracting State shall be taxable only in that Contracting State unless the enterprise carries on business in the other Contracting State through a permanent establishment situated therein. If the enterprise carries on or has carried on business as aforesaid, the profits of the enterprise may be taxed in the other Contracting State but only so much of them as is attributable to that permanent establishment. 2. Subject to the provisions of paragraph 3, where an enterprise of a Contracting State carries on business in the other Contracting State through a permanent establishment situated therein, there shall in each Contracting State be attributed to that permanent establishment the profits which it might be expected to make if it were a distinct and separate enterprise engaged in the same or similar activities under the same or similar conditions and dealing wholly independently with the enterprise of which it is a permanent establishment. 3. In determining the profits of a permanent establishment, there shall be allowed as deductions those deductible expenses which are incurred for the purposes of the permanent establishment, including executive and general administrative expenses so incurred, whether in the Contracting State in which the �� C. 24 Tax Conventions Implement permanent establishment is situated or elsewhere. However, no such deduction shall be allowed in respect of amounts, if any, paid (otherwise than towards reimbursement of actual expenses) by the permanent establishment to the head office of the enterprise or any of its other offices, by way of royalties, fees or other similar payments in return for the use of patents or other rights, or by way of commission, for specific services performed or for management, or, except in the case of a banking enterprise, by way of interest on moneys lent to the permanent establishment. Likewise, no account shall be taken, in the determination of the profits of a permanent establishment, for amounts charged (otherwise than towards reimbursement of actual expenses), by the permanent establishment to the head office of the enterprise or any of its other offices, by way of royalties, fees or other similar payments in return for the use of patents or other rights, or by way of commission for specific services performed or for management, or, except in the case of a banking enterprise, by way of interest on moneys lent to the head office of the enterprise or any of its other offices. 4. No profits shall be attributed to a permanent establishment by reason of the mere purchase by that permanent establishment of goods or merchandise for the enterprise. 5. Insofar as it has been customary in a Contracting State to determine the profits to be attributed to a permanent establishment on the basis of an apportionment of the total profits of the enterprise to its various parts, nothing in paragraph 2 shall preclude that Contracting State from determining the profits to be taxed by such an apportionment as may be customary; the method of apportionment adopted shall, however, be such that the result shall be in accordance with the principles contained in this Article. 6. If the information available to the competent authority of a Contracting State is inadequate to determine the profits to be attributed to the permanent establishment of an enterprise, nothing in paragraph 2 shall affect the application of any law or regulations of that Contracting State relating to the determination of the tax liability of the enterprise in relation to that permanent establishment by the making of an estimate by the competent authority of that Contracting State of the profits to be attributed to that permanent establishment, provided that such law or regulations shall be applied, so far as the information available to the competent authority permits, in accordance with the principles of this Article. 7. For the purpose of the preceding paragraphs, the profits to be attributed to the permanent establishment shall be determined by the same method year by year unless there is good and sufficient reason to the contrary. 8. Where profits include items of income which are dealt with separately in other Articles of this Agreement, then the provisions of those Articles shall not be affected by the provisions of this Article. Conventions fiscales ARTICLE 8 International Traffic 1. Profits derived by an enterprise of a Contracting State from the operation of ships or aircraft in international traffic shall be taxable only in that Contracting State. 2. For the purposes of this Article, profits from the operation of ships or aircraft in international traffic include: a) profits from the rental on a bareboat basis of ships and aircraft; and b) profits from the use, maintenance or rental of containers, including trailers and related equipment for the transport of containers, used for the transport of goods or merchandise; where such rental or such use, maintenance or rental, as the case may be, is incidental to the operation of ships or aircraft in international traffic. 3. Notwithstanding the provisions of paragraph 1 and Article 7, profits derived from the operation of ships or aircraft used principally to transport passengers or goods exclusively between places in a Contracting State may be taxed in that Contracting State. 4. The provisions of paragraphs 1, 2 and 3 shall also apply to profits derived from the participation in a pool, a joint business or an international operating agency. ARTICLE 9 Associated Enterprises 1. Where a) an enterprise of a Contracting State participates directly or indirectly in the management, control or capital of an enterprise of the other Contracting State, or b) the same persons participate directly or indirectly in the management, control or capital of an enterprise of a Contracting State and an enterprise of the other Contracting State, and in either case conditions are made or imposed between the two enterprises in their commercial or financial relations which differ from those which would be made between independent enterprises, then any profits which would, but for those conditions, have accrued to one of the enterprises, but, by reason of those conditions, have not so accrued, may be included in the profits of that enterprise and taxed accordingly. �� Tax Conventions Implement C. 24 2. Where a Contracting State includes in the profits of an enterprise of that Contracting State — and taxes accordingly — profits on which an enterprise of the other Contracting State has been charged tax in that other Contracting State and the profits so included are profits which would have accrued to the enterprise of the first-mentioned Contracting State if the conditions made between the two enterprises had been those which would have been made between independent enterprises, then that other Contracting State shall make an appropriate adjustment to the amount of the tax charged therein on those profits. In determining such adjustment, due regard shall be had to the other provisions of this Agreement and the competent authorities of the Contracting States shall, if necessary, consult each other. 3. A Contracting State shall not change the profits of an enterprise in the circumstances referred to in paragraph 1 after the expiry of the time limits provided in its national laws and, in any case, after five years from the end of the year in which the profits which would be subject to such change would have accrued to an enterprise of that Contracting State. 4. The provisions of paragraphs 2 and 3 shall not apply in the case of fraud, wilful default or neglect-. ARTICLE 10 Dividends 1. Dividends paid by a company which is a resident of a Contracting State to a resident of the other Contracting State may be taxed in that other Contracting State. 2. However, such dividends may also be taxed in the Contracting State of which the company paying the dividends is a resident and according to the laws of that Contracting State, but if a resident of the other Contracting State is the beneficial owner of the dividends the tax so charged shall not exceed: a) except in the case of dividends paid by a non-residentowned investment corporation that is a resident of Canada, 5 per cent of the gross amount of the dividends if the beneficial owner is a company that owns 10 per cent or more of the issued and outstanding voting stock, or 25 per cent or more of the value of all the issued and outstanding stock, of the company paying the dividends; and b) 15 per cent of the gross amount of the dividends in all other cases. The provisions of this paragraph shall not affect the taxation of the company in respect of the profits out of which the dividends are paid. 3. The term ‘‘dividends’’ as used in this Article means income from shares, ‘‘jouissance’’ shares or ‘‘jouissance’’ rights, mining shares, founders’ shares or other rights, not being debt-claims, participating in profits, as well as income which is subjected to the same taxation treatment as income from shares by the taxation laws of the Contracting State of which the company making the distribution is a resident. Conventions fiscales 4. The provisions of paragraph 2 shall not apply if the beneficial owner of the dividends, being a resident of a Contracting State, carries on business in the other Contracting State of which the company paying the dividends is a resident, through a permanent establishment situated therein, or performs in that other Contracting State independent personal services from a fixed base situated therein, and the holding in respect of which the dividends are paid is effectively connected with such permanent establishment or fixed base. In such case the provisions of Article 7 or Article 14, as the case may be, shall apply. 5. Where a company which is a resident of a Contracting State derives profits or income from the other Contracting State, that other Contracting State may not impose any tax on the dividends paid by the company, except insofar as such dividends are paid to a resident of that other Contracting State or insofar as the holding in respect of which the dividends are paid is effectively connected with a permanent establishment or a fixed base situated in that other Contracting State, nor subject the company’s undistributed profits to a tax on the company’s undistributed profits, even if the dividends paid or the undistributed profits consist wholly or partly of profits or income arising in such other Contracting State. 6. Notwithstanding any provision in this Agreement, Canada may impose on the earnings of a company attributable to permanent establishments in Canada, or on the alienation of immovable property (within the meaning assigned by Article 6) situated in Canada by a company carrying on a trade in immovable property, tax in addition to the tax which would be chargeable on the earnings of a company that is a resident of Canada, provided that the rate of such additional tax so imposed shall not exceed the percentage limitation provided for under subparagraph a) of paragraph 2 of the amount of such earnings which have not been subjected to such additional tax in previous taxation years. For the purpose of this provision, the term ‘‘earnings’’ means: a) the earnings attributable to the alienation of such immovable property situated in Canada as may be taxed by Canada under the provisions of Article 6 or of paragraph 1 of Article 13; and b) the profits attributable to such permanent establishments in Canada (including gains from the alienation of property forming part of the business property, referred to in paragraph 2 of Article 13, of such permanent establishments) in accordance with Article 7 in a year and previous years after deducting therefrom: (1) business losses attributable to such permanent establishments (including losses from the alienation of property forming part of the business property of such permanent establishments) in such year and previous years, (2) all taxes chargeable in Canada on such profits, other than the additional tax referred to herein, �� Tax Conventions Implement C. 24 (3) the profits reinvested in Canada, provided that the amount of such deduction shall be determined in accordance with the provisions of the law of Canada, as they may be amended from time to time without changing the general principle hereof, regarding the computation of the allowance in respect of investment in property in Canada, and (4) five hundred thousand Canadian dollars ($500,000) or its equivalent in the currency of Kuwait, less any amount deducted: (i) by the company, or (ii) by a person related thereto from the same or a similar business as that carried on by the company, under this clause. ARTICLE 11 Interest 1. Interest arising in a Contracting State and paid to a resident of the other Contracting State may be taxed in that other Contracting State. 2. However, such interest may also be taxed in the Contracting State in which it arises and according to the laws of that Contracting State, but if a resident of the other Contracting State is the beneficial owner of the interest the tax so charged shall not exceed 10 per cent of the gross amount of the interest. 3. Notwithstanding the provisions of paragraph 2, a) interest arising in a Contracting State and paid in respect of indebtedness of the government of that Contracting State or of a political subdivision or local authority thereof shall, provided that the interest is beneficially owned by a resident of the other Contracting State, be taxable only in that other Contracting State; b) interest arising in Kuwait and paid to a resident of Canada shall be taxable only in Canada if it is paid in respect of a loan made, guaranteed or insured, or a credit extended, guaranteed or insured by Export Development Canada, provided the loan or credit, as the case may be, was undertaken for the purpose of financing export from Canada; c) interest arising in Canada and paid to a resident of Kuwait shall be taxable only in Kuwait if it is paid in respect of a loan made, guaranteed or insured, or a credit extended, guaranteed or insured by the Government of Kuwait or by any institution specified and agreed to in letters exchanged between the competent authorities of the Contracting States, provided the loan or credit, as the case may be, was undertaken for the purpose of financing export from Kuwait. Conventions fiscales 4. The term ‘‘interest’’ as used in this Article means income from debt-claims of every kind, whether or not secured by mortgage and whether or not carrying a right to participate in the debtor’s profits, and in particular, income from government securities and income from bonds or debentures, including premiums and prizes attaching to such securities, bonds or debentures as well as income which is subjected to the same taxation treatment as income from money lent by the laws of the Contracting State in which the income arises. However, the term ‘‘interest’’ does not include income dealt with in Article 10. 5. The provisions of paragraphs 1 and 2 shall not apply if the beneficial owner of the interest, being a resident of a Contracting State, carries on business in the other Contracting State in which the interest arises, through a permanent establishment situated therein, or performs in that other Contracting State independent personal services from a fixed base situated therein, and the debt-claim in respect of which the interest is paid is effectively connected with such permanent establishment or fixed base. In such case the provisions of Article 7 or Article 14, as the case may be, shall apply. 6. Interest shall be deemed to arise in a Contracting State when the payer is a resident of that Contracting State. Where, however, the person paying the interest, whether that person is resident of a Contracting State or not, has in a Contracting State a permanent establishment or a fixed base in connection with which the indebtedness on which the interest is paid was incurred, and such interest is borne by such permanent establishment or fixed base, then such interest shall be deemed to arise in the Contracting State in which the permanent establishment or fixed base is situated. 7. Where, by reason of a special relationship between the payer and the beneficial owner or between both of them and some other person, the amount of the interest, having regard to the debt-claim for which it is paid, exceeds the amount which would have been agreed upon by the payer and the beneficial owner in the absence of such relationship, the provisions of this Article shall apply only to the last-mentioned amount. In such case, the excess part of the payments shall remain taxable according to the laws of each Contracting State, due regard being had to the other provisions of this Agreement. ARTICLE 12 Royalties 1. Royalties arising in a Contracting State and paid to a resident of the other Contracting State may be taxed in that other Contracting State. 2. However, such royalties may also be taxed in the Contracting State in which they arise and according to the laws of that Contracting State, but if a resident of the other Contracting State is the beneficial owner of the royalties the tax so charged shall not exceed 10 per cent of the gross amount of the royalties. �� C. 24 Tax Conventions Implement 3. The term ‘‘royalties’’ as used in this Article means payments of any kind received as a consideration for the use of, or the right to use, any copyright of literary, artistic or scientific work including cinematograph films and works on films, tapes or other means of reproduction for use in connection with television or radio broadcasting, any patent, trade mark, design or model, plan, secret formula or process, or for the use of, or the right to use, industrial, commercial or scientific equipment, or for information concerning industrial, commercial or scientific experience. 4. The provisions of paragraphs 1 and 2 shall not apply if the beneficial owner of the royalties, being a resident of a Contracting State, carries on business in the other Contracting State in which the royalties arise, through a permanent establishment situated therein, or performs in that other Contracting State independent personal services from a fixed base situated therein, and the right or property in respect of which the royalties are paid is effectively connected with such permanent establishment or fixed base. In such case the provisions of Article 7 or Article 14, as the case may be, shall apply. 5. Royalties shall be deemed to arise in a Contracting State when the payer is a resident of that Contracting State. Where, however, the person paying the royalties, whether that person is a resident of a Contracting State or not, has in a Contracting State a permanent establishment or a fixed base in connection with which the liability to pay the royalties was incurred, and such royalties are borne by such permanent establishment or fixed base, then such royalties shall be deemed to arise in the Contracting State in which the permanent establishment or fixed base is situated. 6. Where, by reason of a special relationship between the payer and the beneficial owner or between both of them and some other person, the amount of the royalties, having regard to the use, right or information for which they are paid, exceeds the amount which would have been agreed upon by the payer and the beneficial owner in the absence of such relationship, the provisions of this Article shall apply only to the last-mentioned amount. In such case, the excess part of the payments shall remain taxable according to the laws of each Contracting State, due regard being had to the other provisions of this Agreement. ARTICLE 13 Capital Gains 1. Gains derived by a resident of a Contracting State from the alienation of immovable property referred to in Article 6 and situated in the other Contracting State may be taxed in that other Contracting State. Conventions fiscales 2. Gains from the alienation of movable property forming part of the business property of a permanent establishment which an enterprise of a Contracting State has in the other Contracting State or of movable property pertaining to a fixed base available to a resident of a Contracting State in the other Contracting State for the purpose of performing independent personal services, including such gains from the alienation of such a permanent establishment (alone or with the whole enterprise) or of such fixed base may be taxed in that other Contracting State. 3. Gains derived by an enterprise of a Contracting State from the alienation of ships or aircraft operated in international traffic or movable property pertaining to the operation of such ships or aircraft, shall be taxable only in that Contracting State. 4. Gains derived by a resident of a Contracting State from the alienation of: a) shares (other than shares listed on the Kuwaiti Stock Exchange or a Canadian stock exchange prescribed for the purpose of the Income Tax Act) of the capital stock of a company the property of which consists wholly or principally of immovable property situated in the other Contracting State, and b) an interest in a partnership, trust or estate, the property of which consists wholly or principally of immovable property situated in the other Contracting State, may be taxed in that other Contracting State. For the purposes of this paragraph, the term ‘‘immovable property’’ includes the shares of a company referred to in subparagraph a) or an interest in a partnership, trust or estate referred to in subparagraph b) but does not include any property, other than rental property, in which the business of the company, partnership, trust or estate is carried on. 5. Gains from the alienation of any property other than that referred to in paragraphs 1, 2, 3 and 4, shall be taxable only in the Contracting State of which the alienator is a resident. 6. The provisions of paragraph 5 shall not affect the right of either of the Contracting States to levy, according to its law, a tax on gains from the alienation of any property derived by an individual who is a resident of the other Contracting State and has been a resident of the first-mentioned Contracting State at any time during the five years immediately preceding the alienation of the property. 7. Where an individual who ceases to be a resident of a Contracting State, and immediately thereafter becomes a resident of the other Contracting State, is treated for the purposes of taxation in the first-mentioned State as having alienated a property and is taxed in that State by reason thereof, the individual may elect to be treated for purposes of taxation in the other State as if the individual had, immediately before becoming a resident of that State, sold and repurchased the property for an amount equal to its fair market value at that time. �� C. 24 Tax Conventions Implement ARTICLE 14 Independent Personal Services 1. Income derived by an individual who is a resident of a Contracting State in respect of professional services or other activities of an independent character shall be taxable only in that Contracting State unless the individual has a fixed base regularly available in the other Contracting State for the purpose of performing the activities. If the individual has or had such a fixed base, the income may be taxed in the other Contracting State but only so much of it as is attributable to that fixed base. 2. The term ‘‘professional services’’ includes especially independent scientific, literary, artistic, educational or teaching activities, as well as the independent activities of physicians, lawyers, engineers, architects, dentists and accountants. ARTICLE 15 Dependent Personal Services 1. Subject to the provisions of Articles 16, 18, and 19, salaries, wages and other similar remuneration derived by a resident of a Contracting State in respect of an employment shall be taxable only in that Contracting State unless the employment is exercised in the other Contracting State. If the employment is so exercised, such remuneration as is derived therefrom may be taxed in that other Contracting State. 2. Notwithstanding the provisions of paragraph 1, remuneration derived by a resident of a Contracting State in respect of an employment exercised in the other Contracting State shall be taxable only in the first-mentioned Contracting State if: a) the recipient is present in the other Contracting State for a period or periods not exceeding in the aggregate 183 days in any twelve-month period commencing or ending in the calendar year concerned; and b) the remuneration is paid by, or on behalf of, an employer who is not a resident of the other Contracting State; and c) the remuneration is not borne by a permanent establishment or a fixed base which the employer has in the other Contracting State. 3. Notwithstanding the preceding provisions of this Article, remuneration derived in respect of an employment exercised aboard a ship or aircraft operated in international traffic by an enterprise of a Contracting State, shall be taxable only in that Contracting State, unless the remuneration is derived by a resident of the other Contracting State. Conventions fiscales ARTICLE 16 Directors’ Fees Directors’ fees and other similar payments derived by a resident of a Contracting State in the capacity as a member of the board of directors or a similar organ of a company which is a resident of the other Contracting State shall be taxable only in the first mentioned Contracting State. ARTICLE 17 Artistes and Athletes 1. Notwithstanding the provisions of Articles 14 and 15, income derived by a resident of a Contracting State as an entertainer, such as a theatre, motion picture, radio or television artiste, or a musician, or as an athlete, from that resident’s personal activities as such exercised in the other Contracting State, may be taxed in that other Contracting State. 2. Where income in respect of personal activities exercised by an entertainer or an athlete in that individual’s capacity as such accrues not to the entertainer or athlete personally but to another person, that income may, notwithstanding the provisions of Articles 7, 14 and 15, be taxed in the Contracting State in which the activities of the entertainer or athlete are exercised. 3. The provisions of paragraphs 1 and 2 shall not apply to income derived by entertainers or athletes who are residents of a Contracting State from personal activities as such exercised in the other Contracting State if their visit to that other Contracting State is substantially supported from the public funds of the first-mentioned Contracting State, including those of any political subdivision, a local authority or statutory body thereof, nor to income derived by a non-profit making organization in respect of such activities provided no part of its income is payable to, or is otherwise available for the personal benefit of its proprietors, founders or members. ARTICLE 18 Pensions and Annuities 1. Pensions and annuities arising in a Contracting State and paid to a resident of the other Contracting State may be taxed in that other Contracting State. 2. Pensions arising in a Contracting State and paid to a resident of the other Contracting State may also be taxed in the Contracting State in which they arise, and according to the law of that Contracting State. However, in the case of periodic pension payments, other than payments under the social security legislation in a Contracting State, the tax so charged shall not exceed 15 per cent of the gross amount of the payment. �� Tax Conventions Implement C. 24 3. Annuities arising in a Contracting State and paid to a resident of the other Contracting State may also be taxed in the Contracting State in which they arise, and according to the law of that Contracting State; but the tax so charged shall not exceed 15 per cent of the portion thereof that is subject to tax in that Contracting State. However, this limitation does not apply to lump-sum payments arising on the surrender, cancellation, redemption, sale or other alienation of an annuity. 4. As used in this Article: a) the term ‘‘pensions’’ means periodic payments, including payments under the social security legislation in a Contracting State, made after retirement in consideration of past employment or by way of compensations for injuries received in connection with past employment; b) the term ‘‘annuity’’ means a stated sum payable periodically at stated times during life, or during a specified or ascertainable period of time, under an obligation to make the payments in return for adequate and full consideration in money or money’s worth. ARTICLE 19 Government Service 1. a) Salaries, wages and other similar remuneration, other than a pension, paid by a Contracting State or a political subdivision or a local authority thereof to an individual in respect of services rendered to that Contracting State or subdivision or authority shall be taxable only in that Contracting State. b) However, such salaries, wages and other similar remuneration shall be taxable only in the other Contracting State if the services are rendered in that Contracting State and the individual is a resident of that Contracting State who: (1) is a national of that Contracting State; or (2) did not become a resident of that Contracting State solely for the purpose of rendering the services. 2. The provisions of Articles 15, 16 and 17 shall apply to salaries, wages and other similar remuneration in respect of services rendered in connection with a business carried on by a Contracting State or a political subdivision or local authority thereof. Conventions fiscales ARTICLE 20 Students and Trainees Payments which a student or business trainee who is or was immediately before visiting a Contracting State a resident of the other Contracting State and who is present in the first-mentioned Contracting State solely for the purpose of that individual’s education or training receives for the purpose of that individual’s maintenance, education or training shall not be taxed in that Contracting State, provided that such payments arise from sources outside that Contracting State. ARTICLE 21 Income of Government and Institutions 1. Notwithstanding the provisions of Articles 10 and 11, dividends paid by a company that is a resident of a Contracting State, and interest that arises in that Contracting State and that is paid by a company that is a resident of that Contracting State, to a resident of the other Contracting State that is referred to in paragraph 2 of Article 4 and that is the beneficial owner of the dividends or interest, as the case may be, shall be taxable only in the other Contracting State provided that: a) the recipient, together with all other residents of the other Contracting State that are referred to in paragraph 2 of Article 4, neither own or control shares of the company representing more than 25 per cent of the value of all of its issued and outstanding shares nor control directly or indirectly in any manner whatever more than 25 per cent of the votes in respect of the shares of the company; and b) the recipient has not received the dividends or interest, as the case may be, in the course of carrying on an industrial or commercial activity. 2. Notwithstanding the provisions of Article 13, gains derived by a resident of a Contracting State that is referred to in paragraph 2 of Article 4 from the alienation of shares or debt-claims the dividends or interest on which would be exempt from taxation in the other Contracting State shall be taxable only in the first-mentioned Contracting State. ARTICLE 22 Other Income 1. Items of income of a resident of a Contracting State, wherever arising, not dealt with in the foregoing Articles of this Agreement shall be taxable only in that Contracting State. 2. However, if such income is derived by a resident of a Contracting State from sources in the other Contracting State, such income may also be taxed in the Contracting State in which it arises, and according to the law of that Contracting State. �� Tax Conventions Implement C. 24 3. The provisions of paragraph 1 shall not apply to income, other than income from immovable property referred to in Article 6, if the recipient of such income, being a resident of a Contracting State, carries on business in the other Contracting State through a permanent establishment situated therein, or performs in that other Contracting State independent personal services from a fixed base situated therein, and the right or property in respect of which the income is paid is effectively connected with such permanent establishment or fixed base. In such case the provisions of Article 7 or Article 14, as the case may be, shall apply. ARTICLE 23 Capital 1. Capital represented by immovable property referred to in Article 6, owned by a resident of a Contracting State and situated in the other Contracting State, may be taxed in that other Contracting State. 2. Capital represented by movable property forming part of the business property of a permanent establishment which an enterprise of a Contracting State has in the other Contracting State or by movable property pertaining to a fixed base available to a resident of a Contracting State in the other Contracting State for the purpose of performing independent personal services, may be taxed in that other Contracting State. 3. Capital represented by ships and aircraft operated in international traffic by an enterprise of a Contracting State and by movable property pertaining to the operation of such ships and aircraft, shall be taxable only in that Contracting State. 4. All other elements of capital of a resident of a Contracting State shall be taxable only in that Contracting State. ARTICLE 24 Elimination of Double Taxation 1. It is agreed that double taxation shall be avoided in accordance with the following paragraphs of this Article. a) In the case of Canada: subject to the existing provisions of the law of Canada regarding the deduction from tax payable in Canada of tax paid in a territory outside Canada and to any subsequent modification of those provisions — which shall not affect the general principle hereof — and unless a greater deduction or relief is provided under the laws of Canada, tax payable in Kuwait on profits, income or gains arising in Kuwait shall be deducted from any Canadian tax payable in respect of such profits, income or gains. Conventions fiscales b) In the case of Kuwait: where a resident of Kuwait derives income or owns capital which, in accordance with the provisions of this Agreement, may be taxed in both Canada and Kuwait, Kuwait shall allow as a deduction from the tax on the income of that resident, an amount equal to the income tax paid in Canada; and as a deduction from the tax on the capital of that resident, an amount equal to the capital tax paid in Canada. Such deduction in either case shall not, however, exceed that part of the income tax or capital tax, as computed before the deduction is given, which is attributable, as the case may be, to the income or the capital which may be taxed in Canada. 2. For the purposes of this Article, profits, income or gains of a resident of a Contracting State which are taxed in the other Contracting State in accordance with this Agreement shall be deemed to arise from sources in that other Contracting State. ARTICLE 25 Mutual Agreement Procedure 1. Where a person considers that the actions of one or both of the Contracting States result or will result for that person in taxation not in accordance with the provisions of this Agreement that person may, irrespective of the remedies provided by the domestic law of those Contracting States, present a case to the competent authority of the Contracting State of which the person is a resident. The case must be presented within two years from the first notification of the action resulting in taxation not in accordance with the provisions of this Agreement. 2. The competent authority shall endeavour, if the objection appears to it to be justified and if it is not itself able to arrive at a satisfactory solution, to resolve the case by mutual agreement with the competent authority of the other Contracting State, with a view to the avoidance of taxation which is not in accordance with this Agreement. Any agreement reached shall be implemented notwithstanding any time limits in the domestic law of the Contracting States, provided that the competent authority of the other Contracting State has received notification that such a case exists within six years from the end of the taxable year to which the case relates. 3. The competent authorities of the Contracting States shall endeavour to resolve by mutual agreement any difficulties or doubts arising as to the interpretation or application of this Agreement. They may also consult together for the elimination of double taxation in cases not provided for in this Agreement. 4. The competent authorities of the Contracting States may communicate with each other directly for the purpose of reaching an agreement in the sense of the preceding paragraphs. �� C. 24 Tax Conventions Implement ARTICLE 26 Exchange of Information 1. The competent authorities of the Contracting States shall exchange such information as is necessary for carrying out the provisions of this Agreement or of the domestic laws of the Contracting States concerning taxes covered by this Agreement insofar as the taxation thereunder is not contrary to this Agreement. The exchange of information is not restricted by Article 1. Any information received by a Contracting State shall be treated as secret in the same manner as information obtained under the domestic laws of that Contracting State and shall be disclosed only to persons or authorities (including courts and administrative bodies) involved in the assessment or collection of, the enforcement or prosecution in respect of, or the determination of appeals in relation to, the taxes covered by this Agreement. Such persons or authorities shall use the information only for such purposes. They may disclose the information in public court proceedings or in judicial decisions. 2. In no case shall the provisions of paragraph 1 be construed so as to impose on a Contracting State the obligation: a) to carry out administrative measures at variance with the laws and administrative practices of that or of the other Contracting State; b) to supply information which is not obtainable under the laws or in the normal course of the administration of that or of the other Contracting State; c) to supply information which would disclose any trade, business, industrial, commercial or professional secret or trade process, or information, the disclosure of which would be contrary to public policy (ordre public). ARTICLE 27 Miscellaneous Rules 1. The laws in force in either of the Contracting States shall continue to govern the taxation in the respective Contracting State except where provisions to the contrary are made in this Agreement. 2. The provisions of this Agreement shall not be construed to restrict in any manner any exclusion, exemption, deduction, credit or other allowance now or hereafter accorded: a) by the laws of a Contracting State in the determination of the tax imposed by that Contracting State; or b) by any other special arrangement on taxation in connection with the economic or technical cooperation between the Contracting States. Conventions fiscales 3. Nothing in this Agreement shall be construed as preventing Canada from imposing a tax on amounts included in the income of a resident of Canada with respect to a partnership, trust, or controlled foreign affiliate, in which that resident has an interest. 4. For purposes of paragraph 3 of Article XXII (Consultation) of the General Agreement on Trade in Services, the Contracting States agree that, notwithstanding that paragraph, any dispute between them as to whether a measure falls within the scope of this Agreement may be brought before the Council for Trade in Services, as provided by that paragraph, only with the consent of both Contracting States. Any doubt as to the interpretation of this paragraph shall be resolved under paragraph 3 of Article 25 or, failing agreement under that procedure, pursuant to any other procedure agreed to by both Contracting States. ARTICLE 28 Diplomatic and Consular Privileges Nothing in this Agreement shall affect the fiscal privileges of members of a diplomatic mission, a consular post or an international organization under the general rules of international law or under the provisions of special agreements. ARTICLE 29 Entry Into Force Each of the Contracting States shall notify to the other the completion of its constitutional procedures for the entry into force of this Agreement. This Agreement shall enter into force on the date of the later of these notifications and its provisions shall thereupon have effect in both Contracting States: a) in respect of taxes withheld at source, for amounts paid or credited on or after the first day of January of the year in which this Agreement enters into force; b) in respect of other taxes, for taxable periods beginning on or after the first day of January of the year in which this Agreement enters into force. �� Tax Conventions Implement C. 24 ARTICLE 30 Termination This Agreement shall remain in force for a period of five years and shall continue thereafter for a similar period or periods unless, either Contracting State notifies the other in writing at least six months before the expiry of the initial period, or any subsequent period, of its intention to terminate this Agreement. In such event, this Agreement shall cease to have effect in both Contracting States: a) in respect of taxes withheld at source, for amounts paid or credited on or after the first day of January of the year next following that in which the notice of termination is given; and b) in respect of other taxes, for taxable periods beginning on or after the first day of January of the year next following that in which the notice of termination is given. IN WITNESS WHEREOF the respective plenipotentiaries of both Contracting States, have signed this Agreement. DONE at Ottawa this 28th day of January 2002 corresponding to 15th day of Thul gida 1422H, in duplicate, in the English, French and Arabic languages, all texts being equally authoritative. FOR THE GOVERNMENT OF CANADA FOR THE GOVERNMENT OF THE STATE OF KUWAIT Pierre S. Pettigrew Yousef Hamad Al-Ibrahim Conventions fiscales SCHEDULE 2 (Section 3) SCHEDULE (Section 2) CONVENTION BETWEEN THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF MONGOLIA FOR THE AVOIDANCE OF DOUBLE TAXATION AND THE PREVENTION OF FISCAL EVASION WITH RESPECT TO TAXES ON INCOME AND ON CAPITAL The Government of Canada and the Government of Mongolia, desiring to conclude a Convention for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income and on capital, have agreed as follows: I. SCOPE OF THE CONVENTION ARTICLE 1 Persons Covered This Convention shall apply to persons who are residents of one or both of the Contracting States. ARTICLE 2 Taxes Covered 1. This Convention shall apply to taxes on income and on capital imposed on behalf of each Contracting State, irrespective of the manner in which they are levied. 2. There shall be regarded as taxes on income and on capital all taxes imposed on total income, on total capital, or on elements of income or of capital, including taxes on gains derived from the alienation of movable or immovable property, taxes on the total amounts of wages or salaries paid by enterprises, as well as taxes on capital appreciation. 3. The existing taxes to which the Convention shall apply are, in particular: (a) in the case of Canada, the taxes imposed by the Government of Canada under the Income Tax Act (hereinafter referred to as ‘‘Canadian tax’’); and (b) in the case of Mongolia: (i) the individual income tax, and (ii) the corporate income tax, (hereinafter referred to as ‘‘Mongolian tax’’). �� Tax Conventions Implement C. 24 4. The Convention shall apply also to any identical or substantially similar taxes and to taxes on capital which are imposed after the date of signature of the Convention in addition to, or in place of, the existing taxes. The competent authorities of the Contracting States shall notify each other of any significant changes which have been made in their respective taxation laws. II. DEFINITIONS ARTICLE 3 General Definitions 1. For the purposes of this Convention, unless the context otherwise requires, (a) the term ‘‘Canada’’, used in a geographical sense, means the territory of Canada, including its territorial sea and air space over the land territory and the territorial sea, as well as the exclusive economic zone and the continental shelf beyond that zone, over which Canada exercises, in accordance with international law, its sovereign rights; (b) the term ‘‘Mongolia’’, used in a geographical sense, means the territory of Mongolia including any area in which the tax law of Mongolia is in force insofar as Mongolia exercises in such area, in conformity with international law, sovereign rights to exploit its natural resources, and the airspace above the land territory; (c) the terms ‘‘a Contracting State’’ and ‘‘the other Contracting State’’ mean, as the context requires, Canada or Mongolia; (d) the term ‘‘person’’ includes an individual, a trust, a company, a partnership and any other body of persons; (e) the term ‘‘company’’ means any body corporate or any entity which is treated as a body corporate for tax purposes; (f) the terms ‘‘enterprise of a Contracting State’’ and ‘‘enterprise of the other Contracting State’’ mean respectively an enterprise carried on by a resident of a Contracting State and an enterprise carried on by a resident of the other Contracting State; (g) the term ‘‘competent authority’’ means (i) in the case of Canada, the Minister of National Revenue or the Minister’s authorized representative, and (ii) in the case of Mongolia, the Minister of Finance or the Minister’s authorized representative; (h) the term ‘‘national’’ means (i) any individual possessing the nationality of a Contracting State; Conventions fiscales (ii) any legal person, partnership or association deriving its status as such from the laws in force in a Contracting State; (i) the term ‘‘international traffic’’ means any voyage of a ship or aircraft operated by an enterprise of a Contracting State to transport passengers or property except where the principal purpose of the voyage is to transport passengers or property between places within the other Contracting State. 2. As regards the application of the Convention at any time by a Contracting State, any term not defined therein shall, unless the context otherwise requires, have the meaning that it has at that time under the law of that State for the purposes of the taxes to which the Convention applies. ARTICLE 4 Resident 1. For the purposes of this Convention, the term ‘‘resident of a Contracting State’’ means (a) any person who, under the laws of that State, is liable to tax therein by reason of the person’s domicile, residence, place of management or any other criterion of a similar nature but does not include any person who is liable to tax in that State in respect only of income from sources in that State, and (b) the Government of a Contracting State or of a political subdivision thereof, a local authority therein, or an instrumentality of any such government or authority. 2. Where by reason of the provisions of paragraph 1 an individual is a resident of both Contracting States, then the individual’s status shall be determined as follows: (a) the individual shall be deemed to be a resident only of the State in which the individual has a permanent home available and if the individual has a permanent home available in both States, the individual shall be deemed to be a resident only of the State with which the individual’s personal and economic relations are closer (centre of vital interests); �� Tax Conventions Implement C. 24 (b) if the State in which the individual’s centre of vital interests is situated cannot be determined, or if there is not a permanent home available to the individual in either State, the individual shall be deemed to be a resident only of the State in which the individual has an habitual abode; (c) if the individual has an habitual abode in both States or in neither of them, the individual shall be deemed to be a resident only of the State of which the individual is a national; and (d) if the individual is a national of both States or of neither of them, the competent authorities of the Contracting States shall settle the question by mutual agreement. 3. Where by reason of the provisions of paragraph 1 a company is a resident of both Contracting States, then its status shall be determined as follows: (a) it shall be deemed to be a resident only of the State of which it is a national; or (b) if it is a national of neither of the States, it shall be deemed to be a resident only of the State in which its place of effective management is situated. 4. Where by reason of the provisions of paragraph 1 a person other than an individual or a company is a resident of both Contracting States, the competent authorities of the Contracting States shall by mutual agreement endeavour to settle the question and to determine the mode of application of the Convention to such person. In the absence of such agreement, such person shall not be entitled to claim any relief or exemption from tax provided by the Convention. ARTICLE 5 Permanent Establishment 1. For the purposes of this Convention, the term ‘‘permanent establishment’’ means a fixed place of business through which the business of an enterprise is wholly or partly carried on. 2. The term ‘‘permanent establishment’’ includes especially (a) a place of management; (b) a branch; (c) an office; (d) a factory; (e) a workshop; and (f) a mine, an oil or gas well, a quarry or any other place relating to the exploration for or the exploitation of natural resources. Conventions fiscales 3. The term ‘‘permanent establishment’’ likewise encompasses: (a) a building site, a construction, assembly or installation project or supervisory activities in connection therewith, but only where such site, project or activities continue for a period of more than six months; (b) the furnishing of services, including consultancy services, by an enterprise of a Contracting State through employees or other personnel engaged by the enterprise for such purposes in the other Contracting State, but only where activities of that nature continue (for the same or a connected project) within that State for a period or periods aggregating more than six months within any twelve month period. 4. Notwithstanding the preceding provisions of this Article, the term ‘‘permanent establishment’’ shall be deemed not to include (a) the use of facilities solely for the purpose of storage, display or delivery of goods or merchandise belonging to the enterprise; (b) the maintenance of a stock of goods or merchandise belonging to the enterprise solely for the purpose of storage, display or delivery; (c) the maintenance of a stock of goods or merchandise belonging to the enterprise solely for the purpose of processing by another enterprise; (d) the maintenance of a fixed place of business solely for the purpose of purchasing goods or merchandise or of collecting information, for the enterprise; (e) the maintenance of a fixed place of business solely for the purpose of carrying on, for the enterprise, any other activity of a preparatory or auxiliary character; or (f) the maintenance of a fixed place of business solely for any combination of activities mentioned in subparagraphs (a) to (e) provided that the overall activity of the fixed place of business resulting from this combination is of a preparatory or auxiliary character. 5. Notwithstanding the provisions of paragraphs 1 and 2, where a person (other than an agent of an independent status to whom paragraph 6 applies) is acting on behalf of an enterprise and has, and habitually exercises, in a Contracting State an authority to conclude contracts on behalf of the enterprise, that enterprise shall be deemed to have a permanent establishment in that State in respect of any activities which that person undertakes for the enterprise unless the activities of such person are limited to those mentioned in paragraph 4 which, if exercised through a fixed place of business, would not make this fixed place of business a permanent establishment under the provisions of that paragraph. �� Tax Conventions Implement C. 24 6. An enterprise shall not be deemed to have a permanent establishment in a Contracting State merely because it carries on business in that State through a broker, general commission agent or any other agent of an independent status, provided that such persons are acting in the ordinary course of their business. 7. The fact that a company which is a resident of a Contracting State controls or is controlled by a company which is a resident of the other Contracting State, or which carries on business in that other State (whether through a permanent establishment or otherwise), shall not of itself constitute either company a permanent establishment of the other. III. TAXATION OF INCOME ARTICLE 6 Income From Immovable Property 1. Income derived by a resident of a Contracting State from immovable property (including income from agriculture or forestry) situated in the other Contracting State may be taxed in that other State. 2. For the purposes of this Convention, the term ‘‘immovable property’’ shall have the meaning which it has for the purposes of the relevant tax law of the Contracting State in which the property in question is situated. The term shall in any case include property accessory to immovable property, livestock and equipment used in agriculture and forestry, rights to which the provisions of general law respecting landed property apply, usufruct of immovable property and rights to variable or fixed payments as consideration for the working of, or the right to work, mineral deposits, sources and other natural resources. Ships and aircraft shall not be regarded as immovable property. 3. The provisions of paragraph 1 shall apply to income derived from the direct use, letting, or use in any other form of immovable property and to income from the alienation of such property. 4. The provisions of paragraphs 1 and 3 shall also apply to the income from immovable property of an enterprise and to income from immovable property used for the performance of independent personal services. ARTICLE 7 Business Profits 1. The profits of an enterprise of a Contracting State shall be taxable only in that State unless the enterprise carries on business in the other Contracting State through a permanent establishment situated therein. If the enterprise carries on or has carried on business as aforesaid, the profits of the enterprise may be taxed in the other State but only so much of them as is attributable to that permanent establishment. Conventions fiscales 2. Subject to the provisions of paragraph 3, where an enterprise of a Contracting State carries on business in the other Contracting State through a permanent establishment situated therein, there shall in each Contracting State be attributed to that permanent establishment the profits which it might be expected to make if it were a distinct and separate enterprise engaged in the same or similar activities under the same or similar conditions and dealing wholly independently with the enterprise of which it is a permanent establishment and with all other persons. 3. In the determination of the profits of a permanent establishment, there shall be allowed those deductible expenses which are incurred for the purposes of the permanent establishment including executive and general administrative expenses, whether incurred in the State in which the permanent establishment is situated or elsewhere. 4. No profits shall be attributed to a permanent establishment by reason of the mere purchase by that permanent establishment of goods or merchandise for the enterprise. 5. For the purposes of the preceding paragraphs, the profits to be attributed to the permanent establishment shall be determined by the same method year by year unless there is good and sufficient reason to the contrary. 6. Where profits include items of income which are dealt with separately in other Articles of this Convention, then the provisions of those Articles shall not be affected by the provisions of this Article. ARTICLE 8 Shipping and Air Transport 1. Profits derived by an enterprise of a Contracting State from the operation of ships or aircraft in international traffic shall be taxable only in that State. 2. Notwithstanding the provisions of Article 7, profits derived by an enterprise of a Contracting State from a voyage of a ship or aircraft where the principal purpose of the voyage is to transport passengers or property between places in the other Contracting State may be taxed in that other State. 3. The provisions of paragraphs 1 and 2 shall also apply to profits from the participation in a pool, a joint business or an international operating agency. 4. For the purposes of this Article, (a) the term ‘‘profits’’ includes (i) gross receipts and revenues derived directly from the operation of ships or aircraft in international traffic, and Tax Conventions Implement C. 24 �� (ii) interest that is incidental to the operation of ships or aircraft in international traffic; and (b) the term ‘‘operation of ships or aircraft in international traffic’’ by an enterprise, includes (i) the charter or rental of ships or aircraft, and (ii) the rental of containers and related equipment, by that enterprise if that charter or rental is incidental to the operation by that enterprise of ships or aircraft in international traffic. ARTICLE 9 Associated Enterprises Where (a) an enterprise of a Contracting State participates directly or indirectly in the management, control or capital of an enterprise of the other Contracting State, or (b) the same persons participate directly or indirectly in the management, control or capital of an enterprise of a Contracting State and an enterprise of the other Contracting State, and in either case conditions are made or imposed between the two enterprises in their commercial or financial relations that differ from those that would be made between independent enterprises, then any income that would, but for those conditions, have accrued to one of the enterprises, but, by reason of those conditions, has not so accrued, may be included in the income of that enterprise and taxed accordingly. ARTICLE 10 Dividends 1. Dividends paid by a company that is a resident of a Contracting State to a resident of the other Contracting State may be taxed in that other State. 2. However, such dividends may also be taxed in the Contracting State of which the company paying the dividends is a resident and according to the laws of that State, but if the beneficial owner of the dividends is a resident of the other Contracting State, the tax so charged shall not exceed: (a) except in the case of dividends paid by a non-residentowned investment corporation that is a resident of Canada, 5 per cent of the gross amount of the dividends if the beneficial owner is a company that controls directly or indirectly at least 10 per cent of the voting power in the company paying the dividends; and (b) 15 per cent of the gross amount of the dividends, in all other cases. Conventions fiscales The provisions of this paragraph shall not affect the taxation of the company in respect of the profits out of which the dividends are paid. 3. The term ‘‘dividends’’ as used in this Article means income from shares or other rights, not being debt-claims, participating in profits, as well as income which is subjected to the same taxation treatment as income from shares by the laws of the State of which the company making the distribution is a resident. 4. The provisions of paragraph 2 shall not apply if the beneficial owner of the dividends, being a resident of a Contracting State, carries on business in the other Contracting State of which the company paying the dividends is a resident, through a permanent establishment situated therein, or performs in that other State independent personal services from a fixed base situated therein, and the holding in respect of which the dividends are paid is effectively connected with such permanent establishment or fixed base. In such case the provisions of Article 7 or Article 14, as the case may be, shall apply. 5. Where a company that is a resident of a Contracting State derives profits or income from the other Contracting State, that other State may not impose any tax on the dividends paid by the company, except insofar as such dividends are paid to a resident of that other State or insofar as the holding in respect of which the dividends are paid is effectively connected with a permanent establishment or a fixed base situated in that other State, nor subject the company’s undistributed profits to a tax on undistributed profits, even if the dividends paid or the undistributed profits consist wholly or partly of profits or income arising in such other State. 6. Nothing in this Convention shall be construed as preventing a Contracting State from imposing on the earnings of a company attributable to a permanent establishment in that State, or the earnings attributable to the alienation of immovable property situated in that State by a company carrying on a trade in immovable property, a tax in addition to the tax that would be chargeable on the earnings of a company that is a national of that State, except that any additional tax so imposed shall not exceed five per cent of the amount of such earnings that have not been subjected to such additional tax in previous taxation years. ARTICLE 11 Interest 1. Interest arising in a Contracting State and paid to a resident of the other Contracting State may be taxed in that other State. 2. However, such interest may also be taxed in the Contracting State in which it arises and according to the laws of that State, but if the beneficial owner of the interest is a resident of the other Contracting State, the tax so charged shall not exceed 10 per cent of the gross amount of the interest. �� C. 24 Tax Conventions Implement 3. Notwithstanding the provisions of paragraph 2: (a) interest arising in a Contracting State and paid in respect of indebtedness of the Government of that State or of a political subdivision or local authority thereof shall, if the interest is beneficially owned by a resident of the other Contracting State, be taxable only in that other State; (b) interest arising in a Contracting State and paid to a resident of the other Contracting State shall be taxable only in that other State if it is paid in respect of a loan made, guaranteed or insured, or a credit extended, guaranteed or insured by an entity wholly-owned and controlled by the Government of that other State, provided the loan or credit is in respect of imports or exports. 4. The term ‘‘interest’’ as used in this Article means income from debt-claims of every kind, whether or not secured by mortgage, and in particular, income from government securities and income from bonds or debentures, including premiums and prizes attaching to such securities, bonds or debentures, as well as income which is subjected to the same taxation treatment as income from money lent by the laws of the State in which the income arises. However, the term ‘‘interest’’ does not include income dealt with in Article 8 or Article 10. 5. The provisions of paragraphs 2 and 3 shall not apply if the beneficial owner of the interest, being a resident of a Contracting State, carries on business in the other Contracting State in which the interest arises through a permanent establishment situated therein, or performs in that other State independent personal services from a fixed base situated therein, and the debt-claim in respect of which the interest is paid is effectively connected with such permanent establishment or fixed base. In such case the provisions of Article 7 or Article 14, as the case may be, shall apply. 6. Interest shall be deemed to arise in a Contracting State when the payer is a resident of that State. Where, however, the person paying the interest, whether the payer is a resident of a Contracting State or not, has in a Contracting State a permanent establishment or a fixed base in connection with which the indebtedness on which the interest is paid was incurred, and such interest is borne by such permanent establishment or fixed base, then such interest shall be deemed to arise in the State in which the permanent establishment or fixed base is situated. 7. Where, by reason of a special relationship between the payer and the beneficial owner or between both of them and some other person, the amount of the interest, having regard to the debt-claim for which it is paid, exceeds the amount that would have been agreed upon by the payer and the beneficial owner in the absence of such relationship, the provisions of this Article shall apply only to the last-mentioned amount. In such case, the excess part of the payments shall remain taxable according to the laws of each Contracting State, due regard being had to the other provisions of this Convention. Conventions fiscales ARTICLE 12 Royalties 1. Royalties arising in a Contracting State and paid to a resident of the other Contracting State may be taxed in that other State. 2. However, such royalties may also be taxed in the Contracting State in which they arise and according to the laws of that State, but if the beneficial owner of the royalties is a resident of the other Contracting State, the tax so charged shall not exceed: (a) 5 per cent of the gross amount of the royalties in the case of: (i) copyright royalties and other like payments in respect of the production or reproduction of any literary, dramatic, musical or other artistic work (but not including royalties in respect of motion picture films nor royalties in respect of works on film or videotape or other means of reproduction for use in connection with television broadcasting); and (ii) royalties for the use of, or the right to use, computer software or any patent or for information concerning industrial, commercial or scientific experience (but not including any such royalty provided in connection with a rental or franchise agreement); (b) 10 per cent of the gross amount of the royalties in all other cases. 3. The term ‘‘royalties’’ as used in this Article means payments of any kind received as a consideration for the use of, or the right to use, any copyright, patent, trade mark, design or model, plan, secret formula or process or other intangible property, or for the use of, or the right to use, industrial, commercial or scientific equipment, or for information concerning industrial, commercial or scientific experience, and includes payments of any kind in respect of motion picture films and works on film, videotape or other means of reproduction for use in connection with television. 4. The provisions of paragraphs 2 and 3 shall not apply if the beneficial owner of the royalties, being a resident of a Contracting State, carries on business in the other Contracting State in which the royalties arise, through a permanent establishment situated therein, or performs in that other State independent personal services from a fixed base situated therein, and the right or property in respect of which the royalties are paid is effectively connected with such permanent establishment or fixed base. In such case the provisions of Article 7 or Article 14, as the case may be, shall apply. �� C. 24 Tax Conventions Implement 5. Royalties shall be deemed to arise in a Contracting State when the payer is a resident of that State. Where, however, the person paying the royalties, whether the payer is a resident of a Contracting State or not, has in a Contracting State a permanent establishment or a fixed base in connection with which the obligation to pay the royalties was incurred, and such royalties are borne by such permanent establishment or fixed base, then such royalties shall be deemed to arise in the State in which the permanent establishment or fixed base is situated. 6. Where, by reason of a special relationship between the payer and the beneficial owner or between both of them and another person, the amount of the royalties, having regard to the use, right or information for which they are paid, exceeds the amount that would have been agreed upon by the payer and the beneficial owner in the absence of such relationship, the provisions of this Article shall apply only to the last-mentioned amount. In such case, the excess part of the payments shall remain taxable according to the laws of each Contracting State, due regard being had to the other provisions of this Convention. ARTICLE 12A Technical Fees 1. Technical fees arising in a Contracting State and paid to a resident of the other Contracting State may be taxed in that other State. 2. However, such technical fees may also be taxed in the Contracting State in which they arise, and according to the laws of that State, but if the beneficial owner of the technical fees is a resident of the other Contracting State, the tax so charged shall not exceed 5 per cent of the gross amount of the technical fees. 3. The term ‘‘technical fees’’ as used in this Article means payments of any kind to any person, other than to an employee of the person making the payments, in consideration for any services of a technical, managerial or consultancy nature. 4. The provisions of paragraph 2 of this Article shall not apply if the recipient of the technical fees, being a resident of a Contracting State, carries on business in the other Contracting State in which the technical fees arise, through a permanent establishment situated therein, or performs in that other State independent personal services from a fixed base situated therein, and the technical fees are effectively connected with such permanent establishment or fixed base. In such a case, the provisions of Article 7 or Article 14, as the case may be, shall apply. Conventions fiscales 5. Technical fees shall be deemed to arise in a Contracting State when the payer is a resident of that State. Where, however, the person paying the technical fees, whether a resident of a Contracting State or not, has in a Contracting State a permanent establishment or a fixed base in connection with which the obligation to pay the technical fees was incurred, and such technical fees are borne by that permanent establishment or fixed base, then such technical fees shall be deemed to arise in the State in which the permanent establishment or fixed base is situated. 6. Where, by reason of a special relationship between the payer and the beneficial owner or between both of them and some other person, the amount of the technical fees paid exceeds for whatever reason, the amount which would have been agreed upon by the payer and the beneficial owner in the absence of such relationship, the provisions of this Article shall apply only to the last-mentioned amount. In such case, the excess part of the payments shall remain taxable according to the laws of each Contracting State, due regard being had to the other provisions of this Convention. ARTICLE 13 Capital Gains 1. Gains derived by a resident of a Contracting State from the alienation of immovable property situated in the other Contracting State may be taxed in that other State. 2. Gains derived from the alienation of movable property forming part of the business property of a permanent establishment that an enterprise of a Contracting State has or had in the other Contracting State or of movable property pertaining to a fixed base that is or was available to a resident of a Contracting State in the other Contracting State for the purpose of performing independent personal services, including such gains from the alienation of such a permanent establishment (alone or with the whole enterprise) or of such a fixed base, may be taxed in that other State. 3. Gains derived by an enterprise of a Contracting State from the alienation of ships or aircraft operated in international traffic or from containers used in, or other movable property pertaining to, the operation of such ships or aircraft shall be taxable only in that State. 4. Gains derived by a resident of a Contracting State from the alienation of (a) shares, the value of which is derived principally from immovable property situated in the other State; or (b) an interest in a partnership or trust, the value of which is derived principally from immovable property situated in that other State; �� C. 24 Tax Conventions Implement may be taxed in that other State. For the purposes of this paragraph, the term ‘‘immovable property’’ does not include any property, other than rental property, in which the business of the company, partnership or trust is carried on. 5. Where a resident of a Contracting State alienates property in the course of a corporate or other organization, reorganization, amalgamation, division or similar transaction and profit, gain or income with respect to such alienation is not recognized for the purpose of taxation in that State, if requested to do so by the person who acquires the property, the competent authority of the other Contracting State may agree, in order to avoid double taxation and subject to terms and conditions satisfactory to such competent authority, to defer the recognition of the profit, gain or income with respect to such property for the purpose of taxation in that other State until such time and in such manner as may be stipulated in the agreement. 6. Gains derived from the alienation of any property, other than that referred to in paragraphs 1, 2, 3 and 4, shall be taxable only in the Contracting State of which the alienator is a resident. 7. The provisions of paragraph 6 shall not affect the right of a Contracting State to levy, according to its laws, a tax on gains derived from the alienation of any property derived by an individual who is a resident of the other Contracting State and has been a resident of the first-mentioned State at any time during the six years immediately preceding the alienation of the property. 8. Where an individual who ceases to be a resident of a Contracting State, and immediately thereafter becomes a resident of the other Contracting State, is treated for the purposes of taxation in the first-mentioned State as having alienated a property and is taxed in that State by reason thereof, the individual may elect to be treated for purposes of taxation in the other State as if the individual had, immediately before becoming a resident of that State, sold and repurchased the property for an amount equal to its fair market value at that time. ARTICLE 14 Independent Personal Services 1. Subject to the provisions of Article 12A, income derived by an individual who is a resident of a Contracting State in respect of professional or similar services of an independent character shall be taxable only in that State except in the following circumstances, when such income may also be taxed in the other Contracting State: (a) if the individual has or had a fixed base regularly available in the other Contracting State for the purpose of performing the services; in that case, only so much of the income as is attributable to that fixed base may be taxed in the other Contracting State; or Conventions fiscales (b) if the individual is present in the other Contracting State for a period or periods exceeding in the aggregate 183 days in any 12 month period commencing or ending in the fiscal year concerned; in that case, only so much of the income as is derived from the individual’s activities performed in that other Contracting State may be taxed in that other Contracting State. 2. The term ‘‘professional services’’ includes especially independent scientific, literary, artistic, educational or teaching activities as well as the independent activities of physicians, lawyers, engineers, architects, dentists and accountants. ARTICLE 15 Dependent Personal Services 1. Subject to the provisions of Articles 16, 18 and 19, salaries, wages and other remuneration derived by a resident of a Contracting State in respect of an employment shall be taxable only in that State unless the employment is exercised in the other Contracting State. If the employment is so exercised, such remuneration as is derived therefrom may be taxed in that other State. 2. Notwithstanding the provisions of paragraph 1, remuneration derived by a resident of a Contracting State in respect of an employment exercised in the other Contracting State shall be taxable only in the first-mentioned State if: (a) the recipient is present in the other State for a period or periods not exceeding in the aggregate 183 days in any twelve-month period commencing or ending in the calendar year concerned; and (b) the remuneration is paid by, or on behalf of, a person who is not a resident of the other State; and (c) such remuneration is not borne by a permanent establishment or a fixed base that the person has in the other State. 3. Notwithstanding the preceding provisions of this Article, remuneration derived in respect of an employment exercised aboard a ship or aircraft operated in international traffic by an enterprise of a Contracting State shall be taxable only in that State unless the remuneration is derived by a resident of the other Contracting State. ARTICLE 16 Directors’ Fees Directors’ fees and other similar payments derived by a resident of a Contracting State in the capacity as a member of the board of directors or a similar organ of a company which is a resident of the other Contracting State may be taxed in that other State. �� C. 24 Tax Conventions Implement ARTICLE 17 Artistes and Sportspersons 1. Notwithstanding the provisions of Articles 14 and 15, income derived by a resident of a Contracting State as an entertainer, such as a theatre, motion picture, radio or television artiste, or a musician, or as a sportsperson, from that resident’s personal activities as such exercised in the other Contracting State, may be taxed in that other State. 2. Where income in respect of personal activities exercised by an entertainer or a sportsperson in that individual’s capacity as such accrues not to the entertainer or sportsperson personally but to another person, that income may, notwithstanding the provisions of Articles 7, 14 and 15, be taxed in the Contracting State in which the activities of the entertainer or sportsperson are exercised. 3. The provisions of paragraph 2 shall not apply if it is established that neither the entertainer or the sportsperson nor persons related thereto participate directly or indirectly in the profits of the person referred to in that paragraph. 4. The provisions of paragraphs 1 and 2 shall not apply to income derived from activities performed in a Contracting State by artistes or sportspersons if the visit to that State is wholly or mainly supported by public funds of one or both of the Contracting States or political subdivisions or local authorities thereof. In such a case, the income shall be taxable only in the Contracting State in which the artiste or the sportsperson is a resident. ARTICLE 18 Pensions and Annuities 1. Pensions and annuities arising in a Contracting State and paid to a resident of the other Contracting State may be taxed in that other State. 2. Pensions arising in a Contracting State and paid to a resident of the other Contracting State may also be taxed in the State in which they arise and according to the laws of that State. However, in the case of periodic pension payments, other than payments under the social security legislation in a Contracting State, the tax so charged shall not exceed the lesser of (a) 15 per cent of the gross amount of the payment; and (b) the rate determined by reference to the amount of tax that the recipient of the payment would otherwise be required to pay for the year on the total amount of the periodic pension payments received by the individual in the year, if the individual were resident in the Contracting State in which the payment arises. Conventions fiscales 3. Annuities arising in a Contracting State and paid to a resident of the other Contracting State may also be taxed in the State in which they arise and according to the law of that State, but the tax so charged shall not exceed 15 per cent of the portion thereof that is subject to tax in that State. However, this limitation does not apply to lump-sum payments arising on the surrender, cancellation, redemption, sale or other alienation of an annuity, or to payments of any kind under an annuity contract the cost of which was deductible, in whole or in part, in computing the income of any person who acquired the contract. 4. Notwithstanding anything in this Convention (a) war pensions and allowances (including pensions and allowances paid to war veterans or paid as a consequence of damages or injuries suffered as a consequence of a war) arising in a Contracting State and paid to a resident of the other Contracting State shall be exempt from tax in that other State to the extent that they would be exempt from tax if received by a resident of the first-mentioned State; (b) benefits under the social security legislation in a Contracting State paid to a resident of the other Contracting State shall be taxable only in the first-mentioned State; and (c) alimony and other similar payments arising in a Contracting State and paid to a resident of the other Contracting State who is subject to tax therein in respect thereof shall be taxable only in that other State, but the amount taxable in that other State shall not exceed the amount that would be taxable in the first-mentioned State if the recipient were a resident thereof. ARTICLE 19 Government Service 1. (a) Salaries, wages and other similar remuneration, other than a pension, paid by a Contracting State or a political subdivision or a local authority thereof to an individual in respect of services rendered to that State or subdivision or authority shall be taxable only in that State. (b) However, such salaries, wages and other similar remuneration shall be taxable only in the other Contracting State if the services are rendered in that State and the individual is a resident of that State who (i) is a national of that State, or (ii) did not become a resident of that State solely for the purpose of rendering the services. 2. The provisions of paragraph 1 shall not apply to salaries, wages and other similar remuneration in respect of services rendered in connection with a business carried on by a Contracting State or a political subdivision or a local authority thereof. �� Tax Conventions Implement C. 24 ARTICLE 20 Students Payments which a student, apprentice or business trainee who is, or was immediately before visiting a Contracting State, a resident of the other Contracting State and who is present in the first-mentioned State solely for the purpose of that individual’s education or training receives for the purpose of that individual’s maintenance, education or training shall not be taxed in that State, if such payments arise from sources outside that State. ARTICLE 21 Other Income 1. Subject to the provisions of paragraph 2, items of income of a resident of a Contracting State, wherever arising, not dealt with in the foregoing Articles of this Convention shall be taxable only in that State. 2. However, if such income is derived by a resident of a Contracting State from sources in the other Contracting State, such income may also be taxed in the State in which it arises and according to the law of that State. Where such income is income from a trust, other than a trust to which contributions were deductible, the tax so charged shall, if the income is taxable in the Contracting State in which the beneficial owner is a resident, not exceed 15 per cent of the gross amount of the income. IV. TAXATION OF CAPITAL ARTICLE 22 Capital 1. Capital represented by immovable property owned by a resident of a Contracting State and situated in the other Contracting State may be taxed in that other State. 2. Capital represented by movable property forming part of the business property of a permanent establishment that an enterprise of a Contracting State has in the other Contracting State, or by movable property pertaining to a fixed base available to a resident of a Contracting State in the other Contracting State for the purpose of performing independent personal services, may be taxed in that other State. 3. Capital represented by ships and aircraft operated by an enterprise of a Contracting State in international traffic and by movable property pertaining to the operation of such ships and aircraft shall be taxable only in that State. 4. All other elements of capital of a resident of a Contracting State shall be taxable only in that State. Conventions fiscales V. METHODS FOR ELIMINATION OF DOUBLE TAXATION ARTICLE 23 Elimination of Double Taxation 1. In the case of Canada, double taxation shall be avoided as follows: (a) subject to the existing provisions of the law of Canada regarding the deduction from tax payable in Canada of tax paid in a territory outside Canada and to any subsequent modification of those provisions — which shall not affect the general principle hereof — and unless a greater deduction or relief is provided under the laws of Canada, tax payable in Mongolia on profits, income or gains arising in Mongolia shall be deducted from any Canadian tax payable in respect of such profits, income or gains; (b) where, in accordance with any provision of the Convention, income derived or capital owned by a resident of Canada is exempt from tax in Canada, Canada may nevertheless, in calculating the amount of tax on other income or capital, take into account the exempted income or capital. 2. In the case of Mongolia, where a resident of Mongolia derives income or owns capital which, in accordance with the provisions of this Convention, may be taxed in Canada, the following rules are applicable: (a) Mongolia shall allow: (i) as a deduction from the tax on the income of that resident, an amount equal to the income tax paid in Canada; (ii) as a deduction from the tax on the capital of that resident, an amount equal to the capital tax paid in Canada. Such deduction in either case shall not, however, exceed that part of the income tax or capital tax, as computed before the deduction is given, which is attributable, as the case may be, to the income or the capital which may be taxed in Canada. (b) Where in accordance with any provision of the Convention income derived or capital owned by a resident of Mongolia is exempt from tax in Mongolia, Mongolia may nevertheless, in calculating the amount of tax on the remaining income or capital of such resident, take into account the exempted income or capital. �� C. 24 Tax Conventions Implement 3. For the purposes of subparagraph (a) of paragraph 1, tax payable in Mongolia by a company which is a resident of Canada in respect of profits attributable to manufacturing activities or to the exploration or exploitation of natural resources carried on by it in Mongolia shall be deemed to include any amount which would have been payable thereon as Mongolian tax for any year but for an exemption from, or reduction of, tax granted for that year or any part thereof under specific provisions of Mongolian legislation and provided always that the competent authority of Mongolia has certified that any such exemption from or reduction of Mongolian tax given under these provisions has been granted in order to promote economic development in Mongolia. Canada will only provide relief from Canadian tax by virtue of this paragraph for profits for taxation years beginning after the date on which the Convention entered into force and ending within three years of that date. 4. For the purposes of this Article, profits, income or gains of a resident of a Contracting State that may be taxed in the other Contracting State in accordance with this Convention shall be deemed to arise from sources in that other State. VI. SPECIAL PROVISIONS ARTICLE 24 Non-discrimination 1. Nationals of a Contracting State shall not be subjected in the other Contracting State to any taxation or any requirement connected therewith that is more burdensome than the taxation and connected requirements to which nationals of that other State in the same circumstances, in particular with respect to residence, are or may be subjected. 2. The taxation on a permanent establishment that an enterprise of a Contracting State has in the other Contracting State shall not be less favourably levied in that other State than the taxation levied on enterprises of that other State carrying on the same activities. 3. Nothing in this Article shall be construed as obliging a Contracting State to grant to residents of the other Contracting State any personal allowances, reliefs and reductions for taxation purposes on account of civil status or family responsibilities that it grants to its own residents. 4. Except where the provisions of Article 9, paragraph 7 of Article 11, paragraph 6 of Article 12 or paragraph 6 of Article 12A apply, interest, royalties, technical fees and other disbursements paid by an enterprise of a Contracting State to a resident of the other Contracting State shall, for the purpose of determining the taxable profits of such enterprise, be deductible under the same conditions as if they had been paid to a resident of the first-mentioned State. Similarly, any debts of an enterprise of a Contracting State to a resident of the other Contracting State shall, for the purpose of determining the taxable capital of such enterprise, be deductible under the same conditions as if they had been contracted to a resident of the first-mentioned State. Conventions fiscales 5. The provisions of paragraph 4 shall not affect the operation of any provision of the taxation laws of a Contracting State: (a) relating to the deductibility of interest and which is in force on the date of signature of this Convention (including any subsequent modification of such provision that does not change the general nature thereof); or (b) adopted after such date by a Contracting State and which is designed to ensure that a person who is not a resident of that State does not enjoy, under the laws of that State, a tax treatment that is more favorable than that enjoyed by residents of that State. 6. Enterprises of a Contracting State, the capital of which is wholly or partly owned or controlled, directly or indirectly, by one or more residents of the other Contracting State, shall not be subjected in the first-mentioned State to any taxation or any requirement connected therewith that is more burdensome than the taxation and connected requirements to which other similar enterprises that are residents of the first-mentioned State, the capital of which is wholly or partly owned or controlled, directly or indirectly, by one or more residents of a third State, are or may be subjected. 7. In this Article, the term ‘‘taxation’’ means taxes that are the subject of this Convention. ARTICLE 25 Mutual Agreement Procedure 1. Where a person considers that the actions of one or both of the Contracting States result or will result for that person in taxation not in accordance with the provisions of this Convention, that person may, irrespective of the remedies provided by the domestic law of those States, address to the competent authority of the Contracting State of which that person is a resident an application in writing stating the grounds for claiming the revision of such taxation. To be admissible, the said application must be submitted within two years from the first notification of the action resulting in taxation not in accordance with the provisions of the Convention. 2. The competent authority referred to in paragraph 1 shall endeavour, if the objection appears to it to be justified and if it is not itself able to arrive at a satisfactory solution, to resolve the case by mutual agreement with the competent authority of the other Contracting State, with a view to the avoidance of taxation not in accordance with the Convention. 3. The competent authorities of the Contracting States shall endeavour to resolve by mutual agreement any difficulties or doubts arising as to the interpretation or application of the Convention. 4. The competent authorities of the Contracting States may consult together for the elimination of double taxation in cases not provided for in the Convention and may communicate with each other directly for the purpose of applying the Convention. �� C. 24 Tax Conventions Implement 5. If any difficulty or doubt arising as to the interpretation or application of the Convention cannot be resolved by the competent authorities pursuant to the preceding paragraphs of this Article, the case may be submitted for arbitration if both competent authorities and the taxpayer agree and the taxpayer agrees in writing to be bound by the decision of the arbitration board. The decision of the arbitration board in a particular case shall be binding on both States with respect to that case. The procedure shall be established in an exchange of notes between the Contracting States. ARTICLE 26 Exchange of Information 1. The competent authorities of the Contracting States shall exchange such information as is relevant for carrying out the provisions of this Convention or of the domestic laws in the Contracting States concerning taxes covered by this Convention insofar as the taxation thereunder is not contrary to the Convention. The exchange of information is not restricted by Article 1. Any information received by a Contracting State shall be treated as secret in the same manner as information obtained under the domestic laws of that State and shall be disclosed only to persons or authorities (including courts and administrative bodies) concerned with the assessment or collection of, the enforcement in respect of, or the determination of appeals in relation to taxes imposed by that State. Such persons or authorities shall use the information only for such purposes. They may disclose the information in public court proceedings or in judicial decisions. 2. In no case shall the provisions of paragraph 1 be construed so as to impose on a Contracting State the obligation (a) to carry out administrative measures at variance with the laws and the administrative practice of that or of the other Contracting State; (b) to supply information that is not obtainable under the laws or in the normal course of the administration of that or of the other Contracting State; or (c) to supply information that would disclose any trade, business, industrial, commercial or professional secret or trade process, or information, the disclosure of which would be contrary to public policy (ordre public). 3. If information is requested by a Contracting State in accordance with this Article, the other Contracting State shall endeavour to obtain the information to which the request relates in the same way as if its own taxation were involved, even though the other State does not, at that time, need such information. If specifically requested by the competent authority of a Contracting State, the competent authority of the other Contracting State Conventions fiscales shall endeavour to provide information under this Article in the form requested, such as depositions of witnesses and copies of unedited original documents (including books, papers, statements, records, accounts or writings), to the same extent such depositions and documents can be obtained under the laws and administrative practices of that other State with respect to its own taxes. ARTICLE 27 Members of Diplomatic Missions and Consular Posts 1. Nothing in this Convention shall affect the fiscal privileges of members of diplomatic missions or consular posts under the general rules of international law or under the provisions of special agreements. 2. Notwithstanding the provisions of Article 4, an individual who is a member of a diplomatic mission, consular post or permanent mission of a Contracting State that is situated in the other Contracting State or in a third State shall be deemed for the purposes of the Convention to be a resident only of the sending State if that individual is liable in the sending State to the same obligations in relation to tax on total income as are residents of that sending State. 3. The Convention shall not apply to international organizations, to organs or officials thereof and to persons who are members of a diplomatic mission, consular post or permanent mission of a third State or group of States, being present in a Contracting State and who are not liable in either Contracting State to the same obligations in relation to tax on their total income as are residents thereof. ARTICLE 28 Miscellaneous Rules 1. The provisions of this Convention shall not be construed to restrict in any manner any exemption, allowance, credit or other deduction accorded by the laws of a Contracting State in the determination of the tax imposed by that State. For greater certainty, such provisions shall not restrict the application of any lower rate of tax established by those laws, in particular, with respect to the income from any production sharing or similar contracts relating to the oil, gas or mining sectors concluded by the Government of Mongolia with a person who is a resident of Canada. 2. Nothing in the Convention shall be construed as preventing Canada from imposing a tax on amounts included in the income of a resident of Canada with respect to a partnership, trust, or controlled foreign affiliate, in which that resident has an interest. �� C. 24 Tax Conventions Implement 3. The Convention shall not apply to any company, trust or other entity that is a resident of a Contracting State and is beneficially owned or controlled, directly or indirectly, by one or more persons who are not residents of that State, if the amount of the tax imposed on the income or capital of the company, trust or other entity by that State is substantially lower than the amount that would be imposed by that State if all of the shares of the capital stock of the company or all of the interests in the trust or other entity, as the case may be, were beneficially owned by one or more individuals who were residents of that State. 4. For the purposes of paragraph 3 of Article XXII (Consultation) of the General Agreement on Trade in Services, the Contracting States agree that, notwithstanding that paragraph, any dispute between them as to whether a measure falls within the scope of the Convention may be brought before the Council for Trade in Services, as provided by that paragraph, only with the consent of both Contracting States. Any doubt as to the interpretation of this paragraph shall be resolved under paragraph 3 of Article 25 or, failing agreement under that procedure, pursuant to any other procedure agreed to by both Contracting States. 5. Where under any provision of the Convention any income is relieved from tax in a Contracting State and, under the law in force in the other Contracting State a person, in respect of that income, is subject to tax by reference to the amount thereof that is remitted to or received in that other Contracting State and not by reference to the full amount thereof, then the relief to be allowed under the Convention in the first-mentioned Contracting State shall apply only to so much of the income as is taxed in the other Contracting State. VII. FINAL PROVISIONS ARTICLE 29 Entry into Force 1. The Governments of the Contracting States shall notify each other through diplomatic channels that the constitutional requirements for the entry into force of this Convention have been complied with. 2. The Convention shall enter into force upon the date of the later of the notifications referred to in paragraph 1 and its provisions shall apply: (a) in respect of tax withheld at the source on amounts paid or credited to non-residents on or after the first day of January in the calendar year next following that in which the Convention enters into force; and Conventions fiscales (b) in respect of other taxes, for taxation years beginning on or after the first day of January in the calendar year next following that in which the Convention enters into force. ARTICLE 30 Termination This Convention shall continue in effect indefinitely but either Contracting State may, on or before June 30 of any calendar year beginning after the fifth year from the date of the entry into force of the Convention, give to the other Contracting State a notice of termination in writing through diplomatic channels. In such event, the Convention shall cease to have effect (a) in respect of tax withheld at the source on amounts paid or credited to non-residents, after the end of that calendar year, and (b) in respect of other taxes, for taxation years beginning after the end of that calendar year. IN WITNESS WHEREOF the undersigned, duly authorized to that effect, have signed this Convention. DONE in duplicate at Ottawa, this 27th day of May, 2002, in the English, French and Mongolian languages, each version being equally authentic. FOR THE GOVERNMENT OF CANADA: FOR THE GOVERNMENT OF MONGOLIA: Pierre S. Pettigrew Chimiddorj Ganzorig �� Tax Conventions Implement C. 24 SCHEDULE 3 (Section 4) SCHEDULE 1 (Section 2) CONVENTION BETWEEN THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF THE UNITED ARAB EMIRATES FOR THE AVOIDANCE OF DOUBLE TAXATION AND THE PREVENTION OF FISCAL EVASION WITH RESPECT TO TAXES ON INCOME AND ON CAPITAL The Government of Canada and the Government of the United Arab Emirates, desiring to conclude a Convention for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income and on capital, have agreed as follows: I. SCOPE OF THE CONVENTION ARTICLE 1 Persons Covered This Convention shall apply to persons who are residents of one or both of the Contracting States. ARTICLE 2 Taxes Covered 1. This Convention shall apply to taxes on income and on capital imposed on behalf of each Contracting State, irrespective of the manner in which they are levied. 2. There shall be regarded as taxes on income and on capital all taxes imposed on total income, on total capital, or on elements of income or of capital, including taxes on gains from the alienation of movable or immovable property, as well as taxes on capital appreciation. 3. The existing taxes to which the Convention shall apply are, in particular: (a) in the case of Canada, the taxes on income and on capital imposed by the Government of Canada under the Income Tax Act, (hereinafter referred to as ‘‘Canadian tax’’); (b) in the case of the United Arab Emirates: (i) the income tax; and (ii) the corporation tax, (hereinafter referred to as ‘‘U.A.E. tax’’). 4. The Convention shall apply also to any identical or substantially similar taxes on income and to taxes on capital which are imposed after the date of signature of the Convention in addition to, or in place of, the existing taxes. The competent authorities of the Contracting States shall notify each other of any significant changes which have been made in their respective taxation laws. Conventions fiscales II. DEFINITIONS ARTICLE 3 General Definitions 1. For the purposes of this Convention, unless the context otherwise requires: (a) the term ‘‘Canada’’, used in a geographical sense, means the territory of Canada, including: (i) any area beyond the territorial sea of Canada that, in accordance with international law and the laws of Canada, is an area in respect of which Canada may exercise rights with respect to the seabed and subsoil and their natural resources; (ii) the sea and airspace above every area referred to in clause (i); (b) the term ‘‘United Arab Emirates’’ means the United Arab Emirates and, when used in a geographical sense, means the area in which the territory is under its sovereignty as well as the territorial sea, airspace and submarine areas over which the United Arab Emirates exercises, in conformity with international law and the laws of the United Arab Emirates, sovereign rights, including the mainland and islands under its jurisdiction in respect of any activity carried on in connection with the exploration for or the exploitation of the natural resources of the seabed and subsoil; (c) the terms ‘‘a Contracting State’’ and ‘‘the other Contracting State’’ mean, as the context requires, Canada or the United Arab Emirates; (d) the term ‘‘person’’ includes an individual, a trust, a company, a partnership and any other body of persons; (e) the term ‘‘company’’ means any body corporate or any entity which is treated as a body corporate for tax purposes; (f) the term ‘‘competent authority’’ means: (i) in the case of Canada, the Minister of National Revenue or the Minister’s authorized representative; (ii) in the case of the United Arab Emirates, the Minister of Finance and Industry or the Minister’s authorized representative; (g) the term ‘‘national’’ means: (i) any individual possessing the nationality of a Contracting State according to the law of that State; (ii) any legal person, partnership and association deriving its status as such from the laws in force in a Contracting State; �� Tax Conventions Implement C. 24 (h) the terms ‘‘enterprise of a Contracting State’’ and ‘‘enterprise of the other Contracting State’’ mean respectively an enterprise carried on by a resident of a Contracting State and an enterprise carried on by a resident of the other Contracting State; (i) the term ‘‘international traffic’’ means any voyage of a ship or aircraft operated by an enterprise of a Contracting State to transport passengers or property except where the principal purpose of the voyage is to transport passengers or property between places within the other Contracting State. 2. As regards the application of the Convention by a Contracting State at any time, any term not defined therein shall, unless the context otherwise requires, have the meaning that it has at that time under the law of that State for the purposes of the taxes to which the Convention applies. ARTICLE 4 Resident 1. For the purposes of this Convention, the term ‘‘resident of a Contracting State’’ means: (a) in the case of Canada, any person who, under the laws of that State, is liable to tax therein by reason of the person’s domicile, residence, place of management, place of incorporation or any other criterion of a similar nature but does not include any person who is liable to tax in that State in respect only of income from sources in that State; (b) in the case of the United Arab Emirates, (i) an individual who is a national of the United Arab Emirates, provided that the individual has a substantial presence, permanent home or habitual abode in the United Arab Emirates and that individual’s personal and economic relations are closer to the United Arab Emirates than to any other State; (ii) a company which is incorporated in the United Arab Emirates, provided such company can establish that: (A) all of the shares of the company are beneficially owned by residents of the United Arab Emirates; or (B) all or substantially all of the company’s income is derived by the company from the active conduct of a trade or business, other than an investment business, in the United Arab Emirates and all or substantially all of the value of the company’s property is attributable to property used in that trade or business. Conventions fiscales 2. For the purposes of paragraph 1, the term ‘‘resident of a Contracting State’’ shall include: (a) the Government of that Contracting State or a political subdivision or local Government or local authority thereof; and (b) any corporation, Central Bank, Abu Dhabi Investment Authority, fund, authority, foundation, commission, agency or other entity that was established under the law of that Contracting State and that is wholly-owned and controlled by the Government of that Contracting State or a political subdivision or local authority thereof, by any entity referred to in this subparagraph or by any combination thereof; and (c) any entity established in that Contracting State all the capital of which has been provided by the Government of that Contracting State or a political subdivision or local authority thereof either alone or together with the governments of other states. 3. Where by reason of the provisions of paragraph 1 an individual is a resident of both Contracting States, then the individual’s status shall be determined as follows: (a) the individual shall be deemed to be a resident only of the State in which the individual has a permanent home available; if the individual has a permanent home available in both States, the individual shall be deemed to be a resident only of the State with which the individual’s personal and economic relations are closer (centre of vital interests); (b) if the State in which the individual’s centre of vital interests is situated cannot be determined, or if there is not a permanent home available in either State, the individual shall be deemed to be a resident only of the State in which the individual has an habitual abode; (c) if the individual has an habitual abode in both States or in neither of them, the individual shall be deemed to be a resident only of the State of which the individual is a national; (d) if the individual is a national of both States or of neither of them, the competent authorities of the Contracting States shall settle the question by mutual agreement. 4. Where by reason of the provisions of paragraph 1 a person other than an individual is a resident of both Contracting States, then it shall be deemed to be a resident only of the Contracting State of which it is a national. �� Tax Conventions Implement C. 24 ARTICLE 5 Permanent Establishment 1. For the purposes of this Convention, the term ‘‘permanent establishment’’ means a fixed place of business through which the business of an enterprise is wholly or partly carried on. 2. The term ‘‘permanent establishment’’ includes especially: (a) a place of management; (b) a branch; (c) an office; (d) a factory; (e) a workshop; and (f) a mine, an oil or gas well, a quarry or any other place relating to the exploration for or the exploitation of natural resources. 3. A building site or construction or installation project constitutes a permanent establishment only if it lasts for more than twelve months. 4. Notwithstanding the preceding provisions of this Article, the term ‘‘permanent establishment’’ shall be deemed not to include: (a) the use of facilities solely for the purpose of storage, display or delivery of goods or merchandise belonging to the enterprise; (b) the maintenance of a stock of goods or merchandise belonging to the enterprise solely for the purpose of storage, display or delivery; (c) the maintenance of a stock of goods or merchandise belonging to the enterprise solely for the purpose of processing by another enterprise; (d) the maintenance of a fixed place of business solely for the purpose of purchasing goods or merchandise or of collecting information, for the enterprise; (e) the maintenance of a fixed place of business solely for the purpose of carrying on, for the enterprise, any other activity of a preparatory or auxiliary character; (f) the maintenance of a fixed place of business solely for any combination of activities mentioned in subparagraphs (a) to (e) provided that the overall activity of the fixed place of business resulting from this combination is of a preparatory or auxiliary character. Conventions fiscales 5. Notwithstanding the provisions of paragraphs 1 and 2, where a person — other than an agent of an independent status to whom paragraph 6 applies — is acting on behalf of an enterprise and has, and habitually exercises in a Contracting State an authority to conclude contracts in the name of the enterprise, that enterprise shall be deemed to have a permanent establishment in that State in respect of any activities which that person undertakes for the enterprise unless the activities of such person are limited to those mentioned in paragraph 4 which, if exercised through a fixed place of business, would not make this fixed place of business a permanent establishment under the provisions of that paragraph. 6. An enterprise shall not be deemed to have a permanent establishment in a Contracting State merely because it carries on business in that State through a broker, general commission agent or any other agent of an independent status, provided that such persons are acting in the ordinary course of their business. However, when the activities of such an agent are devoted wholly or almost wholly to the business of that enterprise, such agent shall not be considered an agent of an independent status within the meaning of this paragraph. 7. The fact that a company which is a resident of a Contracting State controls or is controlled by a company which is a resident of the other Contracting State, or which carries on business in that other State (whether through a permanent establishment or otherwise), shall not of itself constitute either company a permanent establishment of the other. III. TAXATION OF INCOME ARTICLE 6 Income From Immovable Property 1. Income derived by a resident of a Contracting State from immovable property (including income from agriculture or forestry) situated in the other Contracting State may be taxed in that other State. 2. For the purposes of this Convention, the term ‘‘immovable property’’ shall have the meaning which it has under the taxation law of the Contracting State in which the property in question is situated. The term shall in any case include property accessory to immovable property, livestock and equipment used in agriculture and forestry, rights to which the provisions of general law respecting landed property apply, usufruct of immovable property and rights to variable or fixed payments as consideration for the working of, or the right to work, mineral deposits, sources and other natural resources; ships and aircraft shall not be regarded as immovable property. 3. The provisions of paragraph l shall apply to income derived from the direct use, letting, or use in any other form of immovable property. �� Tax Conventions Implement C. 24 4. The provisions of paragraphs l and 3 shall also apply to the income from immovable property of an enterprise and to income from immovable property used for the performance of independent personal services. ARTICLE 7 Business Profits 1. The profits of an enterprise of a Contracting State shall be taxable only in that State unless the enterprise carries on business in the other Contracting State through a permanent establishment situated therein. If the enterprise carries on or has carried on business as aforesaid, the profits of the enterprise may be taxed in the other State but only so much of them as is attributable to that permanent establishment. 2. Subject to the provisions of paragraph 3, where an enterprise of a Contracting State carries on business in the other Contracting State through a permanent establishment situated therein, there shall in each Contracting State be attributed to that permanent establishment the profits which it might be expected to make if it were a distinct and separate enterprise engaged in the same or similar activities under the same or similar conditions and dealing wholly independently with the enterprise of which it is a permanent establishment. 3. In the determination of the profits of a permanent establishment, there shall be allowed those deductible expenses which are incurred for the purposes of the permanent establishment including executive and general administrative expenses, whether incurred in the Contracting State in which the permanent establishment is situated or elsewhere. 4. No profits shall be attributed to a permanent establishment by reason of the mere purchase by that permanent establishment of goods or merchandise for the enterprise. 5. For the purposes of the preceding paragraphs, the profits to be attributed to the permanent establishment shall be determined by the same method year by year unless there is good and sufficient reason to the contrary. 6. Where profits include items of income which are dealt with separately in other Articles of this Convention, then the provisions of those Articles shall not be affected by the provisions of this Article. ARTICLE 8 Shipping and Air Transport 1. Profits derived by an enterprise of a Contracting State from the operation of ships or aircraft in international traffic shall be taxable only in that State. 2. Notwithstanding the provisions of Article 7, profits derived by an enterprise of a Contracting State from a voyage of a ship or aircraft where the principal purpose of the voyage is to transport passengers or property between places in the other Contracting State may be taxed in that other State. Conventions fiscales 3. The provisions of paragraphs 1 and 2 shall also apply to profits referred to in those paragraphs derived by an enterprise of a Contracting State from the participation in a pool, a joint business or an international operating agency. 4. In this Article, (a) the term ‘‘profits’’ includes: (i) gross receipts and revenues derived directly from the operation of ships or aircraft in international traffic, and (ii) interest that is incidental to the operation of ships or aircraft in international traffic; (b) the term ‘‘operation of ships or aircraft in international traffic’’ by an enterprise, includes: (i) the charter or rental of ships or aircraft, (ii) the rental of containers and related equipment, and (iii) the alienation of ships, aircraft, containers and related equipment, by that enterprise provided that such charter, rental or alienation is incidental to the operation by that enterprise of ships or aircraft in international traffic. ARTICLE 9 Associated Enterprises 1. Where (a) an enterprise of a Contracting State participates directly or indirectly in the management, control or capital of an enterprise of the other Contracting State, or (b) the same persons participate directly or indirectly in the management, control or capital of an enterprise of a Contracting State and an enterprise of the other Contracting State, and in either case conditions are made or imposed between the two enterprises in their commercial or financial relations which differ from those which would be made between independent enterprises, then any profits which would, but for those conditions, have accrued to one of the enterprises, but, by reason of those conditions, have not so accrued, may be included in the profits of that enterprise and taxed accordingly. 2. Where a Contracting State includes in the profits of an enterprise of that State — and taxes accordingly — profits on which an enterprise of the other Contracting State has been charged to tax in that other State and the profits so included are profits which would have accrued to the enterprise of the first-mentioned State if the conditions made between the two enterprises had been those which would have been made between independent enterprises, then that other State shall make an appropriate adjustment to the amount of tax charged therein on those profits. In determining such adjustment, due regard shall be had to the other provisions of this Convention and the competent authorities of the Contracting States shall if necessary consult each other. �� Tax Conventions Implement C. 24 3. A Contracting State shall not change the profits of an enterprise in the circumstances referred to in paragraph l after the expiry of the time limits provided in its domestic laws and, in any case, after five years from the end of the year in which the profits which would be subject to such change would, but for the conditions referred to in paragraph l, have been attributed to that enterprise. 4. The provisions of paragraphs 2 and 3 shall not apply in the case of fraud, wilful default or neglect. ARTICLE 10 Dividends 1. Dividends paid by a company which is a resident of a Contracting State to a resident of the other Contracting State may be taxed in that other State. 2. However, such dividends may also be taxed in the Contracting State of which the company paying the dividends is a resident and according to the laws of that State, but if the beneficial owner of the dividends is a resident of the other Contracting State, the tax so charged shall not exceed: (a) 5 per cent of the gross amount of the dividends if the beneficial owner is a company which controls directly or indirectly at least 10 per cent of the voting power in the company paying the dividends; (b) notwithstanding the provisions of subparagraph (a), 10 per cent of the gross amount of the dividends if they are paid by a non-resident owned investment corporation that is a resident of Canada to a company that is a resident of the United Arab Emirates and that holds directly or indirectly at least 10 per cent of the voting power of the company paying the dividends; (c) 15 per cent of the gross amount of the dividends in all other cases. The provisions of this paragraph shall not affect the taxation of the company on the profits out of which the dividends are paid. 3. The term ‘‘dividends’’ as used in this Article means income from shares, ‘‘jouissance’’ shares or ‘‘jouissance’’ rights, mining shares, founders’ shares or other rights, not being debt-claims, participating in profits, as well as income which is subjected to the same taxation treatment as income from shares by the laws of the State of which the company making the distribution is a resident. 4. The provisions of paragraph 2 shall not apply if the beneficial owner of the dividends, being a resident of a Contracting State, carries on business in the other Contracting State of which the company paying the dividends is a resident, through a permanent establishment situated therein, or performs in that other State independent personal services from a fixed base situated therein, and the holding in respect of which the dividends are paid is effectively connected with such permanent establishment or fixed base. In such case the provisions of Article 7 or Article 14, as the case may be, shall apply. Conventions fiscales 5. Where a company which is a resident of a Contracting State derives profits or income from the other Contracting State, that other State may not impose any tax on the dividends paid by the company, except insofar as such dividends are paid to a resident of that other State or insofar as the holding in respect of which the dividends are paid is effectively connected with a permanent establishment or a fixed base situated in that other State, nor subject the company’s undistributed profits to a tax on undistributed profits, even if the dividends paid or the undistributed profits consist wholly or partly of profits or income arising in such other State. ARTICLE 11 Interest 1. Interest arising in a Contracting State and paid to a resident of the other Contracting State may be taxed in that other State. 2. However, such interest may also be taxed in the Contracting State in which it arises and according to the laws of that State, but if the beneficial owner of the interest is a resident of the other Contracting State, the tax so charged shall not exceed 10 per cent of the gross amount of the interest. 3. Notwithstanding the provisions of paragraph 2, interest arising in a Contracting State and paid to the Government of the other Contracting State including a political subdivision and a local authority thereof, the Central Bank of that other State or any financial institution wholly owned by that Government shall be exempt from tax in the first-mentioned State. 4. For the purposes of paragraph 3, the terms ‘‘the Central Bank’’ and ‘‘financial institution wholly owned by the Government’’ mean: (a) in the case of Canada, (i) the Bank of Canada; (ii) Export Development Canada; and (iii) such other financial institution the capital of which is wholly owned by the Government of Canada as is specified and agreed in letters exchanged between the competent authorities of the Contracting States; (b) in the case of the United Arab Emirates, (i) the Central Bank of the United Arab Emirates; (ii) the Abu Dhabi Investment Authority; and (iii) such other financial institution the capital of which is wholly owned by the Government of the United Arab Emirates as is specified and agreed in letters exchanged between the competent authorities of the Contracting States. �� Tax Conventions Implement C. 24 5. The term ‘‘interest’’ as used in this Article means income from debt-claims of every kind, whether or not secured by mortgage, and in particular, income from government securities and income from bonds or debentures, including premiums and prizes attaching to such securities, bonds or debentures, as well as income which is subjected to the same taxation treatment as income from money lent by the laws of the State in which the income arises. However, the term ‘‘interest’’ does not include income dealt with in Article 8 or Article 10. 6. The provisions of paragraph 2 shall not apply if the beneficial owner of the interest, being a resident of a Contracting State, carries on business in the other Contracting State in which the interest arises through a permanent establishment situated therein, or performs in that other State independent personal services from a fixed base situated therein, and the debt-claim in respect of which the interest is paid is effectively connected with such permanent establishment or fixed base. In such case the provisions of Article 7 or Article 14, as the case may be, shall apply. 7. Interest shall be deemed to arise in a Contracting State when the payer is that State itself, a political subdivision, a local authority or a resident of that State. Where, however, the person paying the interest, whether the payer is a resident of a Contracting State or not, has in a Contracting State a permanent establishment or a fixed base in connection with which the indebtedness on which the interest is paid was incurred, and such interest is borne by such permanent establishment or fixed base, then such interest shall be deemed to arise in the State in which the permanent establishment or fixed base is situated. 8. Where, by reason of a special relationship between the payer and the beneficial owner or between both of them and some other person, the amount of the interest, having regard to the debt-claim for which it is paid, exceeds the amount which would have been agreed upon by the payer and the beneficial owner in the absence of such relationship, the provisions of this Article shall apply only to the last-mentioned amount. In such case, the excess part of the payments shall remain taxable according to the laws of each Contracting State, due regard being had to the other provisions of this Convention. ARTICLE 12 Royalties 1. Royalties arising in a Contracting State and paid to a resident of the other Contracting State may be taxed in that other State. 2. However, such royalties may also be taxed in the Contracting State in which they arise and according to the laws of that State, but if the beneficial owner of the royalties is a resident of the other Contracting State, the tax so charged shall not exceed 10 per cent of the gross amount of the royalties. Conventions fiscales 3. Notwithstanding the provisions of paragraph 2, (a) copyright royalties and other like payments in respect of the production or reproduction of any literary, dramatic, musical or other artistic work (but not including royalties in respect of motion picture films nor royalties in respect of works on film or videotape or other means of reproduction for use in connection with television broadcasting), and (b) royalties for the use of, or the right to use, computer software or any patent or for information concerning industrial, commercial or scientific experience (but not including any such royalty in connection with a rental or franchise agreement), arising in a Contracting State and paid to a resident of the other Contracting State who is the beneficial owner thereof shall be taxable only in that other State. 4. The term ‘‘royalties’’ as used in this Article means payments of any kind received as a consideration for the use of, or the right to use, any copyright, patent, trade mark, design or model, plan, secret formula or process or other intangible property, or for the use of, or the right to use, industrial, commercial or scientific equipment, or for information concerning industrial, commercial or scientific experience, and includes payments of any kind in respect of motion picture films and works on film, videotape or other means of reproduction for use in connection with television. 5. The provisions of paragraphs 2 and 3 shall not apply if the beneficial owner of the royalties, being a resident of a Contracting State, carries on business in the other Contracting State in which the royalties arise through a permanent establishment situated therein, or performs in that other State independent personal services from a fixed base situated therein, and the right or property in respect of which the royalties are paid is effectively connected with such permanent establishment or fixed base. In such case the provisions of Article 7 or Article 14, as the case may be, shall apply. 6. Royalties shall be deemed to arise in a Contracting State when the payer is that State itself, a political subdivision, a local authority or a resident of that State. Where, however, the person paying the royalties, whether the payer is a resident of a Contracting State or not, has in a Contracting State a permanent establishment or a fixed base in connection with which the obligation to pay the royalties was incurred, and such royalties are borne by such permanent establishment or fixed base, then such royalties shall be deemed to arise in the State in which the permanent establishment or fixed base is situated. �� Tax Conventions Implement C. 24 7. Where, by reason of a special relationship between the payer and the beneficial owner or between both of them and some other person, the amount of the royalties, having regard to the use, right or information for which they are paid, exceeds the amount which would have been agreed upon by the payer and the beneficial owner in the absence of such relationship, the provisions of this Article shall apply only to the last-mentioned amount. In such case, the excess part of the payments shall remain taxable according to the laws of each Contracting State, due regard being had to the other provisions of this Convention. ARTICLE 13 Capital Gains 1. Gains derived by a resident of a Contracting State from the alienation of immovable property situated in the other Contracting State may be taxed in that other State. 2. Gains from the alienation of movable property forming part of the business property of a permanent establishment which an enterprise of a Contracting State has or had in the other Contracting State or of movable property pertaining to a fixed base that is or was available to a resident of a Contracting State in the other Contracting State for the purpose of performing independent personal services, including such gains from the alienation of such a permanent establishment (alone or with the whole enterprise) or of such a fixed base may be taxed in that other State. 3. Gains from the alienation of ships or aircraft operated in international traffic by an enterprise of a Contracting State, or movable property pertaining to the operation of such ships or aircraft, shall be taxable only in that State. 4. Gains derived by a resident of a Contracting State from the alienation of: (a) shares, the value of which is derived principally from immovable property situated in that other State; or (b) an interest in a partnership or trust, the value of which is derived principally from immovable property situated in that other State, may be taxed in that other State. 5. Gains from the alienation of any property, other than that referred to in paragraphs l, 2, 3 and 4, shall be taxable only in the Contracting State of which the alienator is a resident. 6. The provisions of paragraph 5 shall not affect the right of either of the Contracting States to levy, according to its law, a tax on gains from the alienation of any property derived by an individual who is a resident of the other Contracting State and has been a resident of the first-mentioned Contracting State at any time during the five years immediately preceding the alienation of the property. Conventions fiscales ARTICLE 14 Independent Personal Services 1. Income derived by an individual who is a resident of a Contracting State in respect of professional services or other activities of an independent character shall be taxable only in that State unless the individual has a fixed base regularly available in the other Contracting State for the purpose of performing the activities. If the individual has or had such a fixed base, the income may be taxed in the other State but only so much of it as is attributable to that fixed base. 2. The term ‘‘professional services’’ includes especially independent scientific, literary, artistic, educational or teaching activities as well as the independent activities of physicians, lawyers, engineers, architects, dentists and accountants. ARTICLE 15 Dependent Personal Services 1. Subject to the provisions of Articles 16, 18 and 19, salaries, wages and other remuneration derived by a resident of a Contracting State in respect of an employment shall be taxable only in that State unless the employment is exercised in the other Contracting State. If the employment is so exercised, such remuneration as is derived therefrom may be taxed in that other State. 2. Notwithstanding the provisions of paragraph 1, remuneration derived by a resident of a Contracting State in respect of an employment exercised in the other Contracting State shall be taxable only in the first-mentioned State if: (a) the recipient is present in the other State for a period or periods not exceeding in the aggregate 183 days in any twelve-month period commencing or ending in the calendar year concerned, and (b) the remuneration is paid by, or on behalf of, a person who is not a resident of the other State, and such remuneration is not borne by a permanent establishment or a fixed base which the person has in the other State. 3. Notwithstanding the preceding provisions of this Article, remuneration in respect of an employment exercised aboard a ship or aircraft, operated in international traffic by an enterprise of a Contracting State, shall be taxable only in that State unless the remuneration is derived by a resident of the other Contracting State. �� C. 24 Tax Conventions Implement ARTICLE 16 Directors’ Fees Directors’ fees and other similar payments derived by a resident of a Contracting State in that resident’s capacity as a member of the board of directors or a similar organ of a company which is a resident of the other Contracting State may be taxed in that other State. ARTICLE 17 Artistes and Sportspersons 1. Notwithstanding the provisions of Articles 14 and 15, income derived by a resident of a Contracting State as an entertainer, such as a theatre, motion picture, radio or television artiste, or a musician, or as a sportsperson, from that resident’s personal activities as such exercised in the other Contracting State, may be taxed in that other State. 2. Where income in respect of personal activities exercised by an entertainer or a sportsperson in that individual’s capacity as such accrues not to the entertainer or sportsperson personally but to another person, that income may, notwithstanding the provisions of Articles 7, 14 and 15, be taxed in the Contracting State in which the activities of the entertainer or sportsperson are exercised. 3. The provisions of paragraph 2 shall not apply if it is established that neither the entertainer or the sportsperson nor persons related thereto participate directly or indirectly in the profits of the person referred to in that paragraph. 4. Notwithstanding the provisions of paragraphs 1 and 2, income derived from activities performed in a Contracting State by a resident of the other Contracting State: (a) within the framework of a cultural exchange between the Contracting States, or (b) in the context of a visit in the first-mentioned State of a non-profit organization of the other State, provided the visit is substantially supported by public funds, shall be exempt from tax in the first-mentioned Contracting State. ARTICLE 18 Pensions and Annuities 1. Pensions and annuities arising in a Contracting State and paid to a resident of the other Contracting State may be taxed in that other State. 2. Pensions and annuities arising in a Contracting State and paid to a resident of the other Contracting State may also be taxed in the State in which they arise and according to the laws of that State. Conventions fiscales ARTICLE 19 Government Service 1. (a) Salaries, wages and similar remuneration, other than a pension, paid by a Contracting State or a political subdivision or a local authority or a local government thereof to an individual in respect of services rendered to that State or subdivision or authority or government in any other State shall be taxable only in the first-mentioned State. (b) However, such salaries, wages and similar remuneration shall be taxable only in the other Contracting State if the services are rendered in that State and the individual is a resident of that Contracting State who: (i) is a national of that Contracting State; or (ii) did not become a resident of that Contracting State solely for the purpose of rendering the services. 2. The provisions of Articles 15, 16 and 17 shall apply to salaries, wages and similar remuneration in respect of services rendered in connection with a business carried on by a Contracting State or a political subdivision or a local authority or a local government thereof. ARTICLE 20 Students Payments which a student, apprentice or business trainee who is, or was immediately before visiting a Contracting State, a resident of the other Contracting State and who is present in the first-mentioned State solely for the purpose of that individual’s education or training receives for the purpose of that individual’s maintenance, education or training shall not be taxed in that State, provided that such payments arise from sources outside that State. ARTICLE 21 Income of Government and Institutions 1. Notwithstanding the provisions of Article 10, dividends paid by a company that is a resident of a Contracting State to a resident of the other Contracting State that is referred to in paragraph 2 of Article 4 and that is the beneficial owner of the dividends shall be taxable only in the other Contracting State provided that: (a) the recipient, together with all other residents of the other Contracting State that are referred to in paragraph 2 of Article 4, neither own or control shares of the company representing more than 25 per cent of the value of all of its issued and outstanding shares nor control directly or indirectly in any manner whatever more than 25 per cent of the votes in respect of the shares of the company; and (b) the recipient has not received the dividends in the course of carrying on an industrial or commercial activity. If the conditions set out in this paragraph are not met, the provisions of Article 10 shall apply. �� Tax Conventions Implement C. 24 2. Notwithstanding the provisions of Article 13, gains derived by a resident of a Contracting State that is referred to in paragraph 2 of Article 4 from the alienation of shares, the dividends on which would be exempt from taxation in the other Contracting State, shall be taxable only in the first-mentioned Contracting State. ARTICLE 22 Other Income 1. Subject to the provisions of paragraph 2, items of income of a resident of a Contracting State, wherever arising, not dealt with in the foregoing Articles of this Convention shall be taxable only in that State. 2. However, if such income is derived by a resident of a Contracting State from sources in the other Contracting State, such income may also be taxed in the State in which it arises, and according to the law of that State. Where such income is income from a trust which is a resident of a Contracting State, other than a trust to which contributions were deductible, the tax so charged in that Contracting State shall, provided that the income is taxable in the Contracting State in which the recipient is a resident, not exceed 15 per cent of the gross amount of the income. IV. TAXATION OF CAPITAL ARTICLE 23 Capital 1. Capital represented by immovable property owned by a resident of a Contracting State and situated in the other Contracting State, may be taxed in that other Contracting State. 2. Capital represented by movable property forming part of the business property of a permanent establishment which an enterprise of a Contracting State has in the other Contracting State or by movable property pertaining to a fixed base available to a resident of a Contracting State in the other Contracting State for the purpose of performing independent personal services, may be taxed in that other Contracting State. 3. Capital represented by ships and aircraft operated in international traffic by an enterprise of a Contracting State, and by movable property pertaining to the operation of such ships and aircraft, shall be taxable only in that Contracting State. 4. All other elements of capital of a resident of a Contracting State shall be taxable only in that Contracting State. Conventions fiscales V. METHODS FOR PREVENTION OF DOUBLE TAXATION ARTICLE 24 Elimination of Double Taxation 1. In the case of Canada, double taxation shall be avoided as follows: (a) subject to the existing provisions of the law of Canada regarding the deduction from tax payable in Canada of tax paid in a territory outside Canada and to any subsequent modification of those provisions — which shall not affect the general principle hereof — and unless a greater deduction or relief is provided under the laws of Canada, tax payable in the United Arab Emirates on profits, income or gains arising in the United Arab Emirates shall be deducted from any Canadian tax payable in respect of such profits, income or gains; (b) where, in accordance with any provision of the Convention, income derived or capital owned by a resident of Canada is exempt from tax in Canada, Canada may nevertheless, in calculating the amount of tax on other income or capital, take into account the exempted income or capital. 2. In the case of the United Arab Emirates, double taxation shall be avoided in accordance with the provisions of the tax laws of the United Arab Emirates. 3. For the purposes of this Article, profits, income or gains of a resident of a Contracting State which may be taxed in the other Contracting State in accordance with this Convention shall be deemed to arise from sources in that other State. VI. SPECIAL PROVISIONS ARTICLE 25 Non-discrimination 1. Nationals of a Contracting State shall not be subjected in the other Contracting State to any taxation or any requirement connected therewith which is other or more burdensome than the taxation and connected requirements to which nationals of that other State in the same circumstances are or may be subjected. 2. The taxation on a permanent establishment which a resident of a Contracting State has in the other Contracting State shall not be less favourably levied in that other State than the taxation levied on residents of that other State carrying on the same activities. 3. Nothing in this Article shall be construed as obliging a Contracting State to grant to residents of the other Contracting State any personal allowances, reliefs and reductions for taxation purposes on account of civil status or family responsibilities which it grants to its own residents. �� C. 24 Tax Conventions Implement 4. Companies which are residents of a Contracting State, the capital of which is wholly or partly owned or controlled, directly or indirectly, by one or more residents of the other Contracting State, shall not be subjected in the first-mentioned State to any taxation or any requirement connected therewith which is other or more burdensome than the taxation and connected requirements to which other similar companies which are residents of the first-mentioned State, the capital of which is wholly or partly owned or controlled, directly or indirectly, by one or more residents of a third State, are or may be subjected. 5. In this Article, the term ‘‘taxation’’ means taxes which are the subject of this Convention. ARTICLE 26 Mutual Agreement Procedure 1. Where a person considers that the actions of one or both of the Contracting States result or will result for that person in taxation not in accordance with the provisions of this Convention, that person may, irrespective of the remedies provided by the domestic law of those States, address to the competent authority of the Contracting State of which that person is a resident an application in writing stating the grounds for claiming the revision of such taxation. To be admissible, the said application must be submitted within two years from the first notification of the action which gives rise to taxation not in accordance with the Convention. 2. The competent authority referred to in paragraph l shall endeavour, if the objection appears to it to be justified and if it is not itself able to arrive at a satisfactory solution, to resolve the case by mutual agreement with the competent authority of the other Contracting State, with a view to the avoidance of taxation not in accordance with the Convention. 3. A Contracting State shall not, after the expiry of the time limits provided in its domestic laws and, in any case, after five years from the end of the taxable period to which the income concerned was attributed, increase the tax base of a resident of either of the Contracting States by including therein items of income which have also been charged to tax in the other Contracting State. This paragraph shall not apply in the case of fraud, wilful default or neglect. 4. The competent authorities of the Contracting States shall endeavour to resolve by mutual agreement any difficulties or doubts arising as to the interpretation or application of the Convention. 5. The competent authorities of the Contracting States may consult together for the elimination of double taxation in cases not provided for in the Convention and may communicate with each other directly for the purpose of applying the Convention. Conventions fiscales ARTICLE 27 Exchange of Information 1. The competent authorities of the Contracting States shall exchange such information as is necessary for carrying out the provisions of this Convention or of the domestic laws of the Contracting States concerning taxes covered by the Convention insofar as the taxation thereunder is not contrary to the Convention. Any information received by a Contracting State shall be treated as secret in the same manner as information obtained under the domestic laws of that State and shall be disclosed only to persons or authorities (including courts and administrative bodies) concerned with the assessment or collection of, the enforcement in respect of, or the determination of appeals in relation to, taxes. Such persons or authorities shall use the information only for such purposes. They may disclose the information in public court proceedings or in judicial decisions. 2. Nothing in paragraph 1 shall be construed so as to impose on a Contracting State the obligation: (a) to carry out administrative measures at variance with the laws or the administrative practice of that or of the other Contracting State; (b) to supply information which is not obtainable under the laws or in the normal course of the administration of that or of the other Contracting State; (c) to supply information which would disclose any trade, business, industrial, commercial or professional secret or trade process, or information, the disclosure of which would be contrary to public policy (ordre public). 3. If information is requested by a Contracting State in accordance with this Article, the other Contracting State shall endeavour to obtain the information to which the request relates in the same way as if its own taxation were involved notwithstanding the fact that the other State does not, at that time, need such information. ARTICLE 28 Members of Diplomatic and Consular Missions The provisions of this Convention shall not affect the fiscal privileges of members of diplomatic or consular missions under the general rules of international law or under the provisions of special agreements. �� C. 24 Tax Conventions Implement ARTICLE 29 Miscellaneous Rules 1. The provisions of this Convention shall not be construed to restrict in any manner any exemption, allowance, credit or other deduction accorded: (a) by the laws of a Contracting State in the determination of the tax imposed by that State; or (b) by any other agreement entered into by a Contracting State. 2. Nothing in the Convention shall be construed as preventing Canada from imposing a tax on amounts included in the income of a resident of Canada with respect to a partnership, trust, or controlled foreign affiliate, in which that resident has an interest. 3. For purposes of paragraph 3 of Article XXII (Consultation) of the General Agreement on Trade in Services, the Contracting States agree that, notwithstanding that paragraph, any dispute between them as to whether a measure falls within the scope of this Convention may be brought before the Council for Trade in Services, as provided by that paragraph, only with the consent of both Contracting States. Any doubt as to the interpretation of this paragraph shall be resolved under paragraph 4 of Article 26 or, failing agreement under that procedure, pursuant to any other procedure agreed to by both Contracting States. VII. FINAL PROVISIONS ARTICLE 30 Entry Into Force 1. This Convention shall be ratified and the instruments of ratification shall be exchanged as soon as possible. 2. The Convention shall enter into force upon the exchange of instruments of ratification and its provisions shall have effect: (a) in respect of tax withheld at the source on amounts paid or credited to non-residents, on or after the first day of January in the year in which the Convention enters into force; and (b) in respect of other taxes, for taxation years beginning on or after the first day of January of the year in which the Convention enters into force. ARTICLE 31 Termination This Convention shall continue in effect indefinitely but either Contracting State may, on or before June 30 of any calendar year beginning after the expiration of a period of ten years after the year of the exchange of instruments of ratification, give to the other Contracting State a notice of termination in writing through diplomatic channels; in such event, the Convention shall cease to have effect: Conventions fiscales (a) in Canada: (i) in respect of tax withheld at the source on amounts paid or credited to non-residents, on or after the first day of January of the next following calendar year; and (ii) in respect of other Canadian tax, for taxation years beginning on or after the first day of January of the next following calendar year; (b) in the United Arab Emirates: (i) in respect of tax withheld at the source on amounts paid or credited to non-residents, on or after the first day of January of the next following calendar year; and (ii) in respect of other taxes, for taxation years beginning on or after the first day of January of the next following calendar year. IN WITNESS WHEREOF the undersigned, duly authorized to that effect, have signed this Convention. DONE in duplicate at Abu Dhabi, this 9th day of June 2002, in the English, French and Arabic languages, each version being equally authentic. FOR THE GOVERNMENT OF CANADA FOR THE GOVERNMENT OF THE UNITED ARAB EMIRATES Christopher J.M. Thomson Dr. Mohammed Khalfan Bin Khirbash �� C. 24 Tax Conventions Implement SCHEDULE 2 (Section 2) PROTOCOL At the signing of the Convention between the Government of Canada and the Government of the United Arab Emirates for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income and on capital (hereinafter referred to as ‘‘the Convention’’), the undersigned have agreed upon the following provisions which form an integral part of the Convention. 1. With reference to Articles 6 and 13 of the Convention, in the case of Canada, income from the alienation of immovable property shall be subjected to taxation in accordance with the provisions of paragraph 1 of Article 6 of the Convention. 2. With reference to Article 8 of the Convention, it is understood that: (a) the provisions of paragraph 1 of that Article apply notwithstanding the provisions of Article 7 of the Convention; and (b) the provisions of that Article apply to the sale of passage tickets on behalf of other enterprises and to a hotel business, provided that the keeping of the hotel is for no other purpose than to provide transit passengers with night accommodation, the cost of such a service being included in the price of the passage ticket. 3. With reference to Article 10 of the Convention, it is understood that nothing contained therein affects the fiscal privileges available under the doctrine of sovereign immunity to the Government of a Contracting State or local Governments, and their agencies and institutions. 4. With reference to Article 12 of the Convention, it is understood that the term ‘‘royalties’’ does not include payments in respect of the operation of mines or quarries or the exploitation of natural resources. 5. With reference to Article 22 of the Convention, it is understood that nothing contained therein affects the rights of the United Arab Emirates to tax income related to oil and natural resources situated in the United Arab Emirates in accordance with its tax laws. 6. A company which is a resident of a Contracting State and which has earnings in that State which may be taxed in a Contracting State in accordance with the provisions of Articles 6, 7 or 13 of the Convention, remains subject to the branch tax on such earnings but the rate of such tax shall not exceed 5 per cent. Conventions fiscales 7. For the purpose of paragraph 6, the term ‘‘earnings’’ means the profits in a year and previous years after deducting therefrom: (a) business losses attributable to such permanent establishments (including losses from the alienation of property forming part of the business property of such permanent establishments) in such year and previous years, (b) all taxes chargeable in that Contracting State on such profits, other than the additional tax referred to herein, (c) the profits reinvested in that Contracting State, provided that where that Contracting State is Canada, the amount of such deduction shall be determined in accordance with the existing provisions of the law of Canada regarding the computation of the allowance in respect of investment in property in Canada, and any subsequent modification of those provisions which shall not affect the general principle hereof, and (d) five hundred thousand Canadian dollars ($500,000) or its equivalent in United Arab Emirates currency, less any amount deducted (i) by the company, or (ii) by a person related thereto from the same or a similar business as that carried on by the company under this subparagraph (d); for the purposes of this subparagraph (d) a company is related to another company if one company directly or indirectly controls the other, or both companies are directly or indirectly controlled by the same person or persons, or if the two companies deal with each other not at arm’s length. 8. Where at any time an individual is treated for the purposes of taxation in Canada as having alienated a property and is taxed in Canada by reason thereof, that individual may elect in the individual’s annual return of income for the year of such alienation to be liable to tax in the United Arab Emirates in that year as if the individual had, immediately before that time, sold and repurchased such property for an amount equal to its fair market value at that time. IN WITNESS WHEREOF the undersigned, duly authorized to that effect, have signed this Protocol. DONE in duplicate at Abu Dhabi, this 9th day of June 2002, in the English, French and Arabic languages, each version being equally authentic. FOR THE GOVERNMENT OF CANADA FOR THE GOVERNMENT OF THE UNITED ARAB EMIRATES Christopher J.M. Thomson Dr. Mohammed Khalfan Bin Khirbash �� Tax Conventions Implement C. 24 SCHEDULE 4 (Section 5) SCHEDULE 1 (Section 2) CONVENTION BETWEEN THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA FOR THE AVOIDANCE OF DOUBLE TAXATION AND THE PREVENTION OF FISCAL EVASION WITH RESPECT TO TAXES ON INCOME The Government of Canada and the Government of the Republic of Moldova, desiring to conclude a Convention for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income, have agreed as follows: I. SCOPE OF THE CONVENTION ARTICLE 1 Persons Covered This Convention shall apply to persons who are residents of one or both of the Contracting States. ARTICLE 2 Taxes Covered 1. This Convention shall apply to taxes on income imposed on behalf of a Contracting State, irrespective of the manner in which they are levied. 2. There shall be regarded as taxes on income all taxes imposed on total income or on elements of income, including taxes on gains from the alienation of movable or immovable property, as well as taxes on capital appreciation. 3. The existing taxes to which the Convention shall apply are in particular: (a) in the case of Canada, the income taxes imposed by the Government of Canada under the Income Tax Act (hereinafter referred to as ‘‘Canadian tax’’); and (b) in the case of Moldova, the income tax (hereinafter referred to as ‘‘Moldovan tax’’). 4. The Convention shall apply also to any identical or substantially similar taxes that are imposed after the date of signature of the Convention in addition to, or in place of, the existing taxes. The competent authorities of the Contracting States shall notify each other of any significant changes that have been made in their respective taxation laws. Conventions fiscales II. DEFINITIONS ARTICLE 3 General Definitions 1. For the purposes of this Convention, unless the context otherwise requires: (a) the terms ‘‘a Contracting State’’ and ‘‘the other Contracting State’’ mean, as the context requires, Canada or Moldova; (b) the term ‘‘Canada’’, used in a geographical sense, means the territory of Canada, including: (i) any area beyond the territorial sea of Canada which, in accordance with international law and the laws of Canada, is an area within which Canada may exercise rights with respect to the seabed and subsoil and their natural resources, and (ii) the sea and airspace above every area referred to in clause (i) in respect of any activity carried on in connection with the exploration for or the exploitation of the natural resources referred to therein; (c) the term ‘‘Moldova’’ means the Republic of Moldova and, when used in a geographical sense, means its territory within its borders, consisting of soil, subsoil, waters and aerial space above soil and waters, over which the Republic of Moldova exercises its absolute and exclusive sovereignty and jurisdiction, in accordance with its internal legislation and international law; (d) the term ‘‘person’’ includes an individual, a trust, a company, a partnership and any other body of persons; (e) the term ‘‘company’’ means any body corporate or any entity that is treated as a body corporate for tax purposes; (f) the terms ‘‘enterprise of a Contracting State’’ and ‘‘enterprise of the other Contracting State’’ mean respectively an enterprise carried on by a resident of a Contracting State and an enterprise carried on by a resident of the other Contracting State; (g) the term ‘‘competent authority’’ means: (i) in the case of Canada, the Minister of National Revenue or the Minister’s authorized representative, and (ii) in the case of Moldova, the Minister of Finance or the Minister’s authorized representative; �� Tax Conventions Implement C. 24 (h) the term ‘‘national’’ means: (i) any individual possessing the nationality of a Contracting State, and (ii) any legal person, partnership or association deriving its status as such from the laws in force in a Contracting State; and (i) the term ‘‘international traffic’’ means any transport by a ship or aircraft operated by an enterprise of a Contracting State, except where the principal purpose is to transport passengers or property between places within the other Contracting State. 2. As regards the application of the Convention at any time by a Contracting State, any term not defined therein shall, unless the context otherwise requires, have the meaning that it has at that time under the law of that State for the purposes of the taxes to which the Convention applies. ARTICLE 4 Resident 1. For the purposes of this Convention, the term ‘‘resident of a Contracting State’’ means: (a) any person who, under the laws of that State, is liable to tax therein by reason of the person’s domicile, residence, place of management, place of registration, place of incorporation or any other criterion of a similar nature, but does not include any person who is liable to tax in that State in respect only of income from sources in that State, and (b) that State or a political subdivi-sion or local authority thereof or any agency or instrumentality of any such State, subdivision or authority. 2. Where by reason of the provisions of paragraph 1 an individual is a resident of both Contracting States, then the individual’s status shall be determined as follows: (a) the individual shall be deemed to be a resident only of the State in which the individual has a permanent home available and if the individual has a permanent home available in both States, the individual shall be deemed to be a resident only of the State with which the individual’s personal and economic relations are closer (centre of vital interests); Conventions fiscales (b) if the State in which the individual’s centre of vital interests is situated cannot be determined, or if there is not a permanent home available to the individual in either State, the individual shall be deemed to be a resident only of the State in which the individual has an habitual abode; (c) if the individual has an habitual abode in both States or in neither of them, the individual shall be deemed to be a resident only of the State of which the individual is a national; and (d) if the individual is a national of both States or of neither of them, the competent authorities of the Contracting States shall settle the question by mutual agreement. 3. Where by reason of the provisions of paragraph 1 a company is a resident of both Contracting States, then its status shall be determined as follows: (a) it shall be deemed to be a resident only of the State of which it is a national; or (b) if it is a national of neither of the States, it shall be deemed to be a resident only of the State in which its place of effective management is situated. 4. Where by reason of the provisions of paragraph 1 a person other than an individual or a company is a resident of both Contracting States, the competent authorities of the Contracting States shall by mutual agreement endeavour to settle the question and to determine the mode of application of the Convention to such person. In the absence of such agreement, such person shall not be entitled to claim any relief or exemption from tax provided by the Convention. ARTICLE 5 Permanent Establishment 1. For the purposes of this Convention, the term ‘‘permanent establishment’’ means a fixed place of business through which the business of an enterprise is wholly or partly carried on. 2. The term ‘‘permanent establishment’’ includes especially: (a) a place of management; (b) a branch; (c) an office; (d) a factory; (e) a workshop; and (f) a mine, an oil or gas well, a quarry or any other place relating to the exploration for or the exploitation of natural resources. �� C. 24 Tax Conventions Implement 3. A building site, construction, assembly or installation project or supervisory activities in connection therewith constitute a permanent establishment only if such site, project or activities continue for a period of more than twelve months. 4. Notwithstanding the preceding provisions of this Article, the term ‘‘permanent establishment’’ shall be deemed not to include: (a) the use of facilities solely for the purpose of storage, display or delivery of goods or merchandise belonging to the enterprise; (b) the maintenance of a stock of goods or merchandise belonging to the enterprise solely for the purpose of storage, display or delivery; (c) the maintenance of a stock of goods or merchandise belonging to the enterprise solely for the purpose of processing by another enterprise; (d) the maintenance of a fixed place of business solely for the purpose of purchasing goods or merchandise or of collecting information, for the enterprise; (e) the maintenance of a fixed place of business solely for the purpose of carrying on, for the enterprise, any other activity of a preparatory or auxiliary character; or (f) the maintenance of a fixed place of business solely for any combination of activities mentioned in subparagraphs (a) to (e) provided that the overall activity of the fixed place of business resulting from this combination is of a preparatory or auxiliary character. 5. Notwithstanding the provisions of paragraphs 1 and 2, where a person (other than an agent of an independent status to whom the provisions of paragraph 6 apply) is acting on behalf of an enterprise and has, and habitually exercises, in a Contracting State an authority to conclude contracts on behalf of the enterprise, that enterprise shall be deemed to have a permanent establishment in that State in respect of any activities which that person undertakes for the enterprise, unless the activities of such person are limited to those mentioned in paragraph 4 which, if exercised through a fixed place of business, would not make this fixed place of business a permanent establishment under the provisions of that paragraph. 6. An enterprise shall not be deemed to have a permanent establishment in a Contracting State merely because it carries on business in that State through a broker, general commission agent or any other agent of an independent status, provided that such persons are acting in the ordinary course of their business. Conventions fiscales 7. Notwithstanding the preceding provisions of this Article, an insurance enterprise of a Contracting State shall, except in the case of reinsurance, be deemed to have a permanent establishment in the other Contracting State if it collects insurance premiums in the territory of that other State or insures risks situated therein through a person that is not an agent of an independent status to whom paragraph 6 applies. 8. The fact that a company which is a resident of a Contracting State controls or is controlled by a company which is a resident of the other Contracting State, or which carries on business in that other State (whether through a permanent establishment or otherwise), shall not of itself constitute either company a permanent establishment of the other. III. TAXATION OF INCOME ARTICLE 6 Income From Immovable Property 1. Income derived by a resident of a Contracting State from immovable property (including income from agriculture or forestry) situated in the other Contracting State may be taxed in that other State. 2. For the purposes of this Convention, the term ‘‘immovable property’’ shall have the meaning which it has for the purposes of the relevant tax law of the Contracting State in which the property in question is situated. The term shall in any case include property accessory to immovable property, livestock and equipment used in agriculture and forestry, rights to which the provisions of general law respecting landed property apply, usufruct of immovable property and rights to variable or fixed payments as consideration for the working of, or the right to work, mineral deposits, sources and other natural resources. Ships and aircraft shall not be regarded as immovable property. 3. The provisions of paragraph 1 shall apply to income derived from the direct use, letting, or use in any other form of immovable property and to income from the alienation of such property. 4. The provisions of paragraphs 1 and 3 shall also apply to the income from immovable property of an enterprise and to income from immovable property used for the performance of independent personal services. ARTICLE 7 Business Profits 1. The profits of an enterprise of a Contracting State shall be taxable only in that State unless the enterprise carries on business in the other Contracting State through a permanent establishment situated therein. If the enterprise carries on or has carried on business as aforesaid, the profits of the enterprise may be taxed in the other State but only so much of them as is attributable to that permanent establishment. �� Tax Conventions Implement C. 24 2. Subject to the provisions of paragraph 3, where an enterprise of a Contracting State carries on business in the other Contracting State through a permanent establishment situated therein, there shall in each Contracting State be attributed to that permanent establishment the profits which it might be expected to make if it were a distinct and separate enterprise engaged in the same or similar activities under the same or similar conditions and dealing wholly independently with the enterprise of which it is a permanent establishment and with all other persons. 3. In the determination of the profits of a permanent establishment, there shall be allowed those deductible expenses which are incurred for the purposes of the permanent establishment, including executive and general administrative expenses, whether incurred in the State in which the permanent establishment is situated or elsewhere. However, no such deduction shall be allowed in respect of amounts, if any, paid (otherwise than towards reimbursement of actual expenses) by the permanent establishment to the head office of the enterprise or any of its other offices by way of royalties, fees or other similar payments in return for the use of patents or other rights, or by way of commission, for specific services performed or for management, or, except in the case of a banking enterprise, by way of interest on moneys lent to the permanent establishment. 4. No profits shall be attributed to a permanent establishment by reason of the mere purchase by that permanent establishment of goods or merchandise for the enterprise. 5. For the purposes of the preceding paragraphs, the profits to be attributed to the permanent establishment shall be determined by the same method year by year unless there is good and sufficient reason to the contrary. 6. Where profits include items of income which are dealt with separately in other Articles of this Convention, then the provisions of those Articles shall not be affected by the provisions of this Article. ARTICLE 8 Shipping and Air Transport 1. Profits derived by an enterprise of a Contracting State from the operation of ships or aircraft in international traffic shall be taxable only in that State. 2. Notwithstanding the provisions of paragraph 1 and Article 7, profits derived by an enterprise of a Contracting State from the operation of ships or aircraft used principally to transport passengers or property exclusively between places in the other Contracting State may be taxed in that other State. 3. The provisions of paragraphs 1 and 2 shall also apply to profits from the participation in a pool, a joint business or an international operating agency. Conventions fiscales 4. For the purposes of this Article, (a) the term ‘‘profits’’ includes: (i) gross receipts and revenues derived directly from the operation of ships or aircraft in international traffic, and (ii) interest on sums generated directly from the operation of ships or aircraft in international traffic if that interest is incidental to the operation; and (b) the term ‘‘operation of ships or aircraft in international traffic’’ by an enterprise, includes: (i) the charter or rental of ships or aircraft, and (ii) the rental of containers and related equipment, by that enterprise if that charter or rental is incidental to the operation by that enterprise of ships or aircraft in international traffic. ARTICLE 9 Associated Enterprises 1. Where (a) an enterprise of a Contracting State participates directly or indirectly in the management, control or capital of an enterprise of the other Contracting State, or (b) the same persons participate directly or indirectly in the management, control or capital of an enterprise of a Contracting State and an enterprise of the other Contracting State, and in either case conditions are made or imposed between the two enterprises in their commercial or financial relations that differ from those that would be made between independent enterprises, then any income that would, but for those conditions, have accrued to one of the enterprises, but, by reason of those conditions, has not so accrued, may be included in the income of that enterprise and taxed accordingly. 2. Where a Contracting State includes in the income of an enterprise of that State — and taxes accordingly — income on which an enterprise of the other Contracting State has been charged to tax in that other State and the income so included is income that would have accrued to the enterprise of the first-mentioned State if the conditions made between the two enterprises had been those that would have been made between independent enterprises, then that other State shall make an appropriate adjustment to the amount of tax charged therein on that income. In determining such adjustment, due regard shall be had to the other provisions of this Convention and the competent authorities of the Contracting States shall if necessary consult each other. �� Tax Conventions Implement C. 24 3. A Contracting State shall not change the income of an enterprise in the circumstances referred to in paragraph 1 after the expiry of the time limits provided in its national laws and, in any case, after five years from the end of the year in which the income that would be subject to such change would, but for the conditions referred to in paragraph 1, have accrued to that enterprise. 4. The provisions of paragraphs 2 and 3 shall not apply in the case of fraud, wilful default or neglect. ARTICLE 10 Dividends 1. Dividends paid by a company that is a resident of a Contracting State to a resident of the other Contracting State may be taxed in that other State. 2. However, such dividends may also be taxed in the Contracting State of which the company paying the dividends is a resident and according to the laws of that State, but if the beneficial owner of the dividends is a resident of the other Contracting State, the tax so charged shall not exceed: (a) 5 per cent of the gross amount of the dividends if the beneficial owner is a company that controls directly or indirectly at least 25 per cent of the voting power in the company paying the dividends; and (b) 15 per cent of the gross amount of the dividends in all other cases. The provisions of this paragraph shall not affect the taxation of the company in respect of the profits out of which the dividends are paid. 3. The term ‘‘dividends’’ as used in this Article means income from shares, ‘‘jouissance’’ shares or ‘‘jouissance’’ rights, mining shares, founders’ shares or other rights, not being debt-claims, participating in profits, as well as income which is subjected to the same taxation treatment as income from shares by the laws of the State of which the company making the distribution is a resident. 4. The provisions of paragraphs 1 and 2 shall not apply if the beneficial owner of the dividends, being a resident of a Contracting State, carries on business in the other Contracting State of which the company paying the dividends is a resident, through a permanent establishment situated therein, or performs in that other State independent personal services from a fixed base situated therein, and the holding in respect of which the dividends are paid is effectively connected with such permanent establishment or fixed base. In such case the provisions of Article 7 or Article 14, as the case may be, shall apply. Conventions fiscales 5. Where a company that is a resident of a Contracting State derives profits or income from the other Contracting State, that other State may not impose any tax on the dividends paid by the company, except insofar as such dividends are paid to a resident of that other State or insofar as the holding in respect of which the dividends are paid is effectively connected with a permanent establishment or a fixed base situated in that other State, nor subject the company’s undistributed profits to a tax on undistributed profits, even if the dividends paid or the undistributed profits consist wholly or partly of profits or income arising in such other State. 6. Nothing in this Convention shall be construed as preventing a Contracting State from imposing on the earnings of a company attributable to a permanent establishment in that State, a tax in addition to the tax that would be chargeable on the earnings of a company that is a national of that State, except that any additional tax so imposed shall not exceed 5 per cent of the amount of such earnings that have not been subjected to such additional tax in previous taxation years. For the purpose of this provision, the term ‘‘earnings’’ means the profits, including any gains, attributable to a permanent establishment in a Contracting State in a year and previous years after deducting therefrom all taxes, other than the additional tax referred to herein, imposed on such profits in that State. ARTICLE 11 Interest 1. Interest arising in a Contracting State and paid to a resident of the other Contracting State may be taxed in that other State. 2. However, such interest may also be taxed in the Contracting State in which it arises and according to the laws of that State, but if the beneficial owner of the interest is a resident of the other Contracting State, the tax so charged shall not exceed 10 per cent of the gross amount of the interest. 3. Notwithstanding the provisions of paragraph 2 (a) interest arising in a Contracting State and paid in respect of indebtedness of the government of that State or of a political subdivision or local authority thereof shall, if the interest is beneficially owned by a resident of the other Contracting State, be taxable only in that other State; and (b) interest arising in a Contracting State and paid to a resident of the other Contracting State which was established and is operated exclusively to administer or provide benefits under one or more pension, retirement or other employee benefits plans shall not be taxable in the first-mentioned State provided that: (i) the resident is the beneficial owner of the interest and is generally exempt from tax in the other State, and (ii) the interest is not derived from carrying on a trade or a business or from a related person. �� Tax Conventions Implement C. 24 4. The term ‘‘interest’’ as used in this Article means income from debt-claims of every kind, whether or not secured by mortgage, and in particular, income from government securities and income from bonds or debentures, including premiums and prizes attaching to such securities, bonds or debentures, as well as income which is subjected to the same taxation treatment as income from money lent by the laws of the State in which the income arises. However, the term ‘‘interest’’ does not include income dealt with in Article 8 or Article 10. 5. The provisions of paragraphs 1 and 2 shall not apply if the beneficial owner of the interest, being a resident of a Contracting State, carries on business in the other Contracting State in which the interest arises through a permanent establishment situated therein, or performs in that other State independent personal services from a fixed base situated therein, and the debt-claim in respect of which the interest is paid is effectively connected with such permanent establishment or fixed base. In such case the provisions of Article 7 or Article 14, as the case may be, shall apply. 6. Interest shall be deemed to arise in a Contracting State when the payer is a resident of that State. Where, however, the person paying the interest, whether the payer is a resident of a Contracting State or not, has in a Contracting State a permanent establishment or a fixed base in connection with which the indebtedness on which the interest is paid was incurred, and such interest is borne by such permanent establishment or fixed base, then such interest shall be deemed to arise in the State in which the permanent establishment or fixed base is situated. 7. Where, by reason of a special relationship between the payer and the beneficial owner of the interest or between both of them and some other person, the amount of the interest, having regard to the debt-claim for which it is paid, exceeds the amount that would have been agreed upon by the payer and the beneficial owner of the interest in the absence of such relationship, the provisions of this Article shall apply only to the last-mentioned amount. In such case, the excess part of the payments shall remain taxable according to the laws of each Contracting State, due regard being had to the other provisions of this Convention. ARTICLE 12 Royalties 1. Royalties arising in a Contracting State and paid to a resident of the other Contracting State may be taxed in that other State. 2. However, such royalties may also be taxed in the Contracting State in which they arise and according to the laws of that State, but if the beneficial owner of the royalties is a resident of the other Contracting State, the tax so charged shall not exceed 10 per cent of the gross amount of the royalties. Conventions fiscales 3. The term ‘‘royalties’’ as used in this Article means payments of any kind received as a consideration for the use of, or the right to use, any copyright, patent, trade mark, design or model, plan, secret formula or process or other intangible property, or for the use of, or the right to use, industrial, commercial or scientific equipment, or for information concerning industrial, commercial or scientific experience, and includes payments of any kind in respect of motion picture films and works on film, videotape or other means of reproduction for use in connection with television. 4. The provisions of paragraphs 1 and 2 shall not apply if the beneficial owner of the royalties, being a resident of a Contracting State, carries on business in the other Contracting State in which the royalties arise, through a permanent establishment situated therein, or performs in that other State independent personal services from a fixed base situated therein, and the right or property in respect of which the royalties are paid is effectively connected with such permanent establishment or fixed base. In such case the provisions of Article 7 or Article 14, as the case may be, shall apply. 5. Royalties shall be deemed to arise in a Contracting State when the payer is a resident of that State. Where, however, the person paying the royalties, whether the payer is a resident of a Contracting State or not, has in a Contracting State a permanent establishment or a fixed base in connection with which the obligation to pay the royalties was incurred, and such royalties are borne by such permanent establishment or fixed base, then such royalties shall be deemed to arise in the State in which the permanent establishment or fixed base is situated. 6. Where, by reason of a special relationship between the payer and the beneficial owner of the royalties or between both of them and some other person, the amount of the royalties, having regard to the use, right or information for which they are paid, exceeds the amount that would have been agreed upon by the payer and the beneficial owner of the royalties in the absence of such relationship, the provisions of this Article shall apply only to the last-mentioned amount. In such case, the excess part of the payments shall remain taxable according to the laws of each Contracting State, due regard being had to the other provisions of this Convention. ARTICLE 13 Capital Gains 1. Gains derived by a resident of a Contracting State from the alienation of immovable property situated in the other Contracting State may be taxed in that other State. �� C. 24 Tax Conventions Implement 2. Gains from the alienation of movable property forming part of the business property of a permanent establishment that an enterprise of a Contracting State has in the other Contracting State or of movable property pertaining to a fixed base available to a resident of a Contracting State in the other Contracting State for the purpose of performing independent personal services, including such gains from the alienation of such a permanent establishment (alone or with the whole enterprise) or of such a fixed base, may be taxed in that other State. 3. Gains derived by an enterprise of a Contracting State from the alienation of ships or aircraft operated in international traffic or from containers used in, or other movable property pertaining to, the operation of such ships or aircraft shall be taxable only in that State. 4. Gains derived by a resident of a Contracting State from the alienation of: (a) shares, the value of which is derived principally from immovable property situated in the other State, or (b) an interest in a partnership or trust, the value of which is derived principally from immovable property situated in that other State, may be taxed in that other State. For the purposes of this paragraph, the term ‘‘immovable property’’ does not include any property, other than rental property, in which the business of the company, partnership or trust is carried on. 5. Gains from the alienation of any property, other than that referred to in paragraphs 1, 2, 3 and 4, shall be taxable only in the Contracting State of which the alienator is a resident. 6. The provisions of paragraph 5 shall not affect the right of a Contracting State to levy, according to its law, a tax on gains from the alienation of any property derived by an individual who is a resident of the other Contracting State and has been a resident of the first-mentioned State at any time during the six years immediately preceding the alienation of the property. 7. Where an individual who ceases to be a resident of a Contracting State, and immediately thereafter becomes a resident of the other Contracting State, is treated for the purposes of taxation in the first-mentioned State as having alienated a property and is taxed in that State by reason thereof, the individual may elect to be treated for the purposes of taxation in the other State as if the individual had, immediately before becoming a resident of that State, sold and repurchased the property for an amount equal to its fair market value at that time. However, this provision shall not apply to property any gain from which, arising immediately before the individual became a resident of that other State, may be taxed in that other State nor to immovable property situated in a third State. Conventions fiscales ARTICLE 14 Independent Personal Services 1. Income derived by an individual who is a resident of a Contracting State in respect of professional or similar services of an independent character shall be taxable only in that State unless the individual has a fixed base regularly available in the other Contracting State for the purpose of performing the services. If the individual has or had such a fixed base, the income may be taxed in the other State but only so much of it as is attributable to that fixed base. 2. The term ‘‘professional services’’ includes especially independent scientific, literary, artistic, educational or teaching activities as well as the independent activities of physicians, lawyers, engineers, architects, dentists, accountants and auditors. ARTICLE 15 Dependent Personal Services 1. Subject to the provisions of Articles 16, 18 and 19, salaries, wages and other remuneration derived by a resident of a Contracting State in respect of an employment shall be taxable only in that State unless the employment is exercised in the other Contracting State. If the employment is so exercised, such remuneration as is derived therefrom may be taxed in that other State. 2. Notwithstanding the provisions of paragraph 1, remuneration derived by a resident of a Contracting State in respect of an employment exercised in the other Contracting State shall be taxable only in the first-mentioned State if: (a) the recipient is present in the other State for a period or periods not exceeding in the aggregate 183 days in any twelve-month period commencing or ending in the calendar year concerned, and (b) the remuneration is paid by, or on behalf of, a person who is not a resident of the other State, and (c) the remuneration is not borne by a permanent establishment or a fixed base that the person has in the other State. 3. Notwithstanding the preceding provisions of this Article, remuneration derived in respect of an employment exercised aboard a ship or aircraft operated in international traffic by an enterprise of a Contracting State shall be taxable only in that State unless the remuneration is derived by a resident of the other Contracting State. �� C. 24 Tax Conventions Implement ARTICLE 16 Directors’ Fees Directors’ fees and other similar payments derived by a resident of a Contracting State in that resident’s capacity as a member of the board of directors or a similar organ of a company which is a resident of the other Contracting State may be taxed in that other State. ARTICLE 17 Artistes and Sportspersons 1. Notwithstanding the provisions of Articles 14 and 15, income derived by a resident of a Contracting State as an entertainer, such as a theatre, motion picture, radio or television artiste, or a musician, or as a sportsperson, from that resident’s personal activities as such exercised in the other Contracting State, may be taxed in that other State. 2. Where income in respect of personal activities exercised by an entertainer or a sportsperson in that individual’s capacity as such accrues not to the entertainer or sportsperson personally but to another person, that income may, notwithstanding the provisions of Articles 7, 14 and 15, be taxed in the Contracting State in which the activities of the entertainer or sportsperson are exercised. ARTICLE 18 Pensions and Annuities 1. Pensions and annuities arising in a Contracting State and paid to a resident of the other Contracting State may be taxed in that other State. 2. Pensions arising in a Contracting State and paid to a resident of the other Contracting State may also be taxed in the State in which they arise and according to the laws of that State. However, in the case of periodic pension payments, other than payments under the social security legislation in a Contracting State, the tax so charged shall not exceed 15 per cent of the gross amount of the payment. 3. Annuities arising in a Contracting State and paid to a resident of the other Contracting State may also be taxed in the State in which they arise and according to the laws of that State, but the tax so charged shall not exceed 15 per cent of the portion thereof that is subject to tax in that State. However, this limitation does not apply to lump-sum payments arising on the surrender, cancellation, redemption, sale or other alienation of an annuity, or to payments of any kind under an annuity contract the cost of which was deductible, in whole or in part, in computing the income of any person who acquired the contract. Conventions fiscales 4. Notwithstanding anything in this Convention (a) war pensions and allowances (including pensions and allowances paid to war veterans or paid as a consequence of damages or injuries suffered as a consequence of a war) arising in a Contracting State and paid to a resident of the other Contracting State shall be exempt from tax in that other State to the extent that they would be exempt from tax if received by a resident of the first-mentioned State; and (b) benefits under the social security legislation in a Contracting State paid to a resident of the other Contracting State shall be taxable only in the first-mentioned State. ARTICLE 19 Government Service 1. (a) Salaries, wages and other similar remuneration, other than a pension, paid by a Contracting State or a political subdivision or a local authority thereof to an individual in respect of services rendered to that State or subdivision or authority shall be taxable only in that State. (b) However, such salaries, wages and other similar remuneration shall be taxable only in the other Contracting State if the services are rendered in that State and the individual is a resident of that State who: (i) is a national of that State; or (ii) did not become a resident of that State solely for the purpose of rendering the services. 2. The provisions of Articles 15, 16 and 17 shall apply to salaries, wages and other similar remuneration in respect of services rendered in connection with a business carried on by a Contracting State or a political subdivision or a local authority thereof. ARTICLE 20 Students Payments which a student, apprentice or business trainee who is, or was immediately before visiting a Contracting State, a resident of the other Contracting State and who is present in the first-mentioned State solely for the purpose of that individual’s education or training receives for the purpose of that individual’s maintenance, education or training shall not be taxed in that State, if such payments arise from sources outside that State. ARTICLE 21 Other Income 1. Subject to the provisions of paragraph 2, items of income of a resident of a Contracting State, wherever arising, not dealt with in the foregoing Articles of this Convention shall be taxable only in that State. ��� C. 24 Tax Conventions Implement 2. However, if such income is derived by a resident of a Contracting State from sources in the other Contracting State, such income may also be taxed in the State in which it arises and according to the law of that State. Where such income is income from a trust, other than a trust to which contributions were deductible, the tax so charged shall, if the income is taxable in the Contracting State in which the beneficial owner is a resident, not exceed 15 per cent of the gross amount of the income. IV. METHODS FOR ELIMINATION OF DOUBLE TAXATION ARTICLE 22 Elimination of Double Taxation 1. In the case of Canada, double taxation shall be avoided as follows: (a) subject to the existing provisions of the law of Canada regarding the deduction from tax payable in Canada of tax paid in a territory outside Canada and to any subsequent modification of those provisions — which shall not affect the general principle hereof — and unless a greater deduction or relief is provided under the laws of Canada, tax payable in Moldova on profits, income or gains arising in Moldova shall be deducted from any Canadian tax payable in respect of such profits, income or gains; (b) where, in accordance with any provision of the Convention, income derived by a resident of Canada is exempt from tax in Canada, Canada may nevertheless, in calculating the amount of tax on other income, take into account the exempted income. 2. In the case of Moldova, double taxation shall be avoided as follows: (a) where a resident of Moldova derives income which, in accordance with the provisions of the Convention, may be taxed in Canada, Moldova shall allow as a deduction from the tax on the income of that resident, an amount equal to the income tax paid in Canada; (b) where in accordance with any provision of the Convention income derived by a resident of Moldova is exempt from tax in Moldova, Moldova may nevertheless, in calculating the amount of tax on the remaining income of such resident, take into account the exempted income. 3. For the purposes of this Article, profits, income or gains of a resident of a Contracting State that may be taxed in the other Contracting State in accordance with this Convention shall be deemed to arise from sources in that other State. Conventions fiscales V. SPECIAL PROVISIONS ARTICLE 23 Non-discrimination 1. Nationals of a Contracting State shall not be subjected in the other Contracting State to any taxation or any requirement connected therewith that is more burdensome than the taxation and connected requirements to which nationals of that other State in the same circumstances are or may be subjected. This provision shall, notwithstanding the provisions of Article 1, also apply to individuals who are not residents of one or both of the Contracting States. 2. Stateless persons who are residents of a Contracting State shall not be subjected in either Contracting State to any taxation or any requirement connected therewith, which is other or more burdensome than the taxation and connected requirements to which nationals of the State concerned in the same circumstances are or may be subjected. 3. The taxation on a permanent establishment that an enterprise of a Contracting State has in the other Contracting State shall not be less favourably levied in that other State than the taxation levied on enterprises of that other State carrying on the same activities. 4. Nothing in this Article shall be construed as obliging a Contracting State to grant to residents of the other Contracting State any personal allowances, reliefs and reductions for taxation purposes on account of civil status or family responsibilities that it grants to its own residents. 5. The provisions of this Article shall apply to taxes that are the subject of this Convention. ARTICLE 24 Mutual Agreement Procedure 1. Where a person considers that the actions of one or both of the Contracting States result or will result for that person in taxation not in accordance with the provisions of this Convention, that person may, irrespective of the remedies provided by the domestic law of those States, address to the competent authority of the Contracting State of which that person is a resident or, if that person’s case comes under paragraph 1 of Article 23, to that of the Contracting State of which that person is a national, an application in writing stating the grounds for claiming the revision of such taxation. To be admissible, the said application must be submitted within two years from the first notification of the action resulting in taxation not in accordance with the provisions of the Convention. 2. The competent authority referred to in paragraph 1 shall endeavour, if the objection appears to it to be justified and if it is not itself able to arrive at a satisfactory solution, to resolve the case by mutual agreement with the competent authority of the other Contracting State, with a view to the avoidance of taxation not in accordance with the Convention. ��� C. 24 Tax Conventions Implement 3. A Contracting State shall not, after the expiry of the time limits provided in its national laws and, in any case, after five years from the end of the taxable period in which the income concerned has accrued, increase the tax base of a resident of either of the Contracting States by including therein items of income that have also been charged to tax in the other Contracting State. This paragraph shall not apply in the case of fraud, wilful default or neglect. 4. The competent authorities of the Contracting States shall endeavour to resolve by mutual agreement any difficulties or doubts arising as to the interpretation or application of the Convention. 5. The competent authorities of the Contracting States may consult together for the elimination of double taxation in cases not provided for in the Convention and may communicate with each other directly for the purpose of applying the Convention. 6. If any difficulty or doubt arising as to the interpretation or application of the Convention cannot be resolved by the competent authorities pursuant to the preceding paragraphs of this Article, the case may be submitted for arbitration if both competent authorities and the taxpayer agree and the taxpayer agrees in writing to be bound by the decision of the arbitration board. The decision of the arbitration board in a particular case shall be binding on both States with respect to that case. The procedure shall be established in an exchange of notes between the Contracting States. ARTICLE 25 Exchange of Information 1. The competent authorities of the Contracting States shall exchange such information as is relevant for carrying out the provisions of this Convention or of the domestic laws in the Contracting States concerning taxes covered by the Convention insofar as the taxation thereunder is not contrary to the Convention. The exchange of information is not restricted by Article 1. Any information received by a Contracting State shall be treated as secret in the same manner as information obtained under the domestic laws of that State and shall be disclosed only to persons or authorities (including courts and administrative bodies) concerned with the assessment or collection of, the enforcement in respect of, or the determination of appeals in relation to taxes. Such persons or authorities shall use the information only for such purposes. They may disclose the information in public court proceedings or in judicial decisions. Conventions fiscales 2. In no case shall the provisions of paragraph 1 be construed so as to impose on a Contracting State the obligation: (a) to carry out administrative measures at variance with the laws and the administrative practice of that or of the other Contracting State; (b) to supply information that is not obtainable under the laws or in the normal course of the administration of that or of the other Contracting State; or (c) to supply information that would disclose any trade, business, industrial, commercial or professional secret or trade process, or information, the disclosure of which would be contrary to public policy (ordre public). 3. If information is requested by a Contracting State in accordance with this Article, the other Contracting State shall endeavour to obtain the information to which the request relates in the same way as if its own taxation were involved, even though the other State does not, at that time, need such information. If specifically requested by the competent authority of a Contracting State, the competent authority of the other Contracting State shall endeavour to provide information under this Article in the form requested, such as depositions of witnesses and copies of unedited original documents (including books, papers, statements, records, accounts or writings), to the same extent such depositions and documents can be obtained under the laws and administrative practices of that other State with respect to its own taxes. ARTICLE 26 Members of Diplomatic Missions and Consular Posts 1. Nothing in this Convention shall affect the fiscal privileges of members of diplomatic missions or consular posts under the general rules of international law or under the provisions of special agreements. 2. Notwithstanding the provisions of Article 4, an individual who is a member of a diplomatic mission, consular post or permanent mission of a Contracting State that is situated in the other Contracting State or in a third State shall be deemed for the purposes of the Convention to be a resident of the sending State if that individual is liable in the sending State to the same obligations in relation to tax on total income as are residents of that sending State. 3. The Convention shall not apply to international organizations, to organs or officials thereof and to persons who are members of a diplomatic mission, consular post or permanent mission of a third State or group of States, being present in a Contracting State and who are not liable in either Contracting State to the same obligations in relation to tax on their total income as are residents thereof. ��� Tax Conventions Implement C. 24 VI. FINAL PROVISIONS ARTICLE 27 Entry Into Force The Convention shall enter into force on the date of the last written notification, delivered through diplomatic channels, confirming the completion of the procedures required by each Contracting State to bring the Convention into force and its provisions shall have effect: (a) in respect of taxes withheld at the source on amounts paid or credited to non-residents, on or after the first day of January of the calendar year next following the year in which the Convention enters into force, and (b) in respect of other taxes, for taxation years beginning on or after the first day of January of the calendar year next following the year in which the Convention enters into force. ARTICLE 28 Termination This Convention shall remain in force until terminated by a Contracting State. Either Contracting State may terminate the Convention after a period of five years following its entry into force by giving a written notice of termination, through diplomatic channels, at least six months before the end of any calendar year. In such event, the Convention shall cease to have effect: (a) in respect of taxes withheld at the source on amounts paid or credited to non-residents, on or after the first day of January of the calendar year next following the year in which the notice of termination is given, and (b) in respect of other taxes, for taxation years beginning on or after the first day of January of the calendar year next following the year in which the notice of termination is given IN WITNESS WHEREOF the undersigned, duly authorized to that effect, have signed this Convention. DONE in two originals at Chisinau on July 4, 2002, in the English, French and Moldovan languages, each version being equally authentic. FOR THE GOVERNMENT OF CANADA: FOR THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA: Raphael Girard Zinaida Grecianii Conventions fiscales SCHEDULE 2 (Section 2) PROTOCOL At the moment of signing the Convention between the Government of Canada and the Government of the Republic of Moldova for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income, the undersigned have agreed upon the following provisions which shall form an integral part of the Convention. 1. With reference to paragraph 1 of Article 2, it is understood that, in the case of Moldova, the Convention shall also apply to taxes on income imposed on behalf of its administrative territorial units and its local authorities. 2. With reference to subparagraph (d) of paragraph 1 of Article 3, the term ‘‘person’’, in the case of Moldova, includes a legal person. 3. It is understood that the term ‘‘political subdivision’’, in the case of Moldova, includes an administrative territorial unit. 4. With reference to paragraph 2 of Article 9, it is understood that the other Contracting State is only required to make the appropriate adjustment to the extent it considers that the adjustment made in the first-mentioned State is justified both in principle and in amount. 5. The provisions of the Convention shall not be construed to restrict in any manner any exemption, allowance, credit or other deduction accorded by the laws of a Contracting State in the determination of the tax imposed by that State. 6. Nothing in the Convention shall be construed as preventing a Contracting State from imposing a tax on amounts included in the income of a resident of that State with respect to a partnership, trust, or controlled foreign affiliate, in which that resident has an interest. 7. The Convention shall not apply to any company, trust or partnership that is a resident of a Contracting State and is beneficially owned or controlled, directly or indirectly, by one or more persons who are not residents of that State, if the amount of the tax imposed on the income of the company, trust or partnership by that State is substantially lower than the amount that would be imposed by that State if all of the shares of the capital stock of the company or all of the interests in the trust or partnership, as the case may be, were beneficially owned by one or more persons who were residents of that State. ��� C. 24 Tax Conventions Implement 8. For the purposes of paragraph 3 of Article XXII (Consultation) of the General Agreement on Trade in Services, the Contracting States agree that, notwithstanding that paragraph, any dispute between them as to whether a measure falls within the scope of this Convention may be brought before the Council for Trade in Services, as provided by that paragraph, only with the consent of both Contracting States. Any doubt as to the interpretation of this paragraph shall be resolved under paragraph 4 of Article 24 of the Convention or, failing agreement under that procedure, pursuant to any other procedure agreed to by both Contracting States. 9. Where under any provision of this Convention any income is relieved from tax in a Contracting State and, under the law in force in the other Contracting State a person, in respect of that income, is subject to tax by reference to the amount thereof which is remitted to or received in that other Contracting State and not by reference to the full amount thereof, then the relief to be allowed under the Convention in the first-mentioned Contracting State shall apply only to so much of the income as is taxed in the other Contracting State. IN WITNESS WHEREOF the undersigned, duly authorized to that effect, have signed this Protocol. DONE in two originals at Chisinau on July 4, 2002, in the English, French and Moldovan languages, each version being equally authentic. FOR THE GOVERNMENT OF CANADA: FOR THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA: Raphael Girard Zinaida Grecianii Conventions fiscales SCHEDULE 5 (Section 6) SCHEDULE (Section 2) CONVENTION BETWEEN THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF THE KINGDOM OF NORWAY FOR THE AVOIDANCE OF DOUBLE TAXATION AND THE PREVENTION OF FISCAL EVASION WITH RESPECT TO TAXES ON INCOME AND ON CAPITAL The Government of Canada and the Government of the Kingdom of Norway, desiring to conclude a Convention for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income and on capital, have agreed as follows: I. SCOPE OF THE CONVENTION ARTICLE 1 Persons Covered This Convention shall apply to persons who are residents of one or both of the Contracting States. ARTICLE 2 Taxes Covered 1. The existing taxes to which this Convention shall apply are: a) in the case of Canada, the taxes imposed by the Government of Canada under the Income Tax Act, (hereinafter referred to as ‘‘Canadian tax’’); b) in the case of Norway: (i) the National Tax on Income (inntektsskatt til staten); (ii) the County Municipal Tax on Income (inntektsskatt til fylkeskommunen); (iii) the Municipal Tax on Income (inntektsskatt til kommunen); (iv) the National Tax on Capital (formuesskatt til staten); (v) the Municipal Tax on Capital (formuesskatt til kommunen); (vi) the National Tax relating to Income and Capital from the Exploration for and the Exploitation of Submarine Petroleum Resources and Activities and Work relating thereto, Including Pipeline Transport of Petroleum Produced (skatt til staten vedrørende inntekt og formue i forbindelse med undersøkelse etter og utnyttelse av undersjøiske petroleumsforekomster og dertil knyttet virksomhet og arbeid, herunder rørledningstransport av utvunnet petroleum); and (vii) the National Tax on Remuneration to Non-resident Artistes etc. (skatt til staten på honorarer til utenlandske artister mv.); (hereinafter referred to as ‘‘Norwegian tax’’). ��� Tax Conventions Implement C. 24 2. The Convention shall apply also to any identical or substantially similar taxes that are imposed after the date of signature of the Convention in addition to, or in place of, the existing taxes. The competent authorities of the Contracting States shall notify each other of any significant changes that have been made in their respective taxation laws. II. DEFINITIONS ARTICLE 3 General Definitions 1. For the purposes of this Convention, unless the context otherwise requires: a) the term ‘‘Canada’’, used in a geographical sense, means the territory of Canada, including any area beyond the territorial sea of Canada which, in accordance with international law and the laws of Canada, is an area within which Canada may exercise rights with respect to the seabed and subsoil and their natural resources; b) the term ‘‘Norway’’ means the Kingdom of Norway, including any area outside the territorial waters of the Kingdom of Norway where the Kingdom of Norway, according to Norwegian legislation and in accordance with international law, may exercise her rights with respect to the seabed and subsoil and their natural resources; the term does not comprise Svalbard, Jan Mayen and the Norwegian dependencies (‘‘biland’’); c) the term ‘‘person’’ includes an individual, a trust, a company, a partnership and any other body of persons; d) the term ‘‘company’’ means any body corporate or any entity which is treated as a body corporate for tax purposes; e) the terms ‘‘enterprise of a Contracting State’’ and ‘‘enterprise of the other Contracting State’’ mean respectively an enterprise carried on by a resident of a Contracting State and an enterprise carried on by a resident of the other Contracting State; f) the term ‘‘competent authority’’ means: (i) in the case of Canada, the Minister of National Revenue or the Minister’s authorized representative, (ii) in the case of Norway, the Minister of Finance or the Minister’s authorized representative; g) the term ‘‘tax’’ means Canadian tax or Norwegian tax, as the context requires; h) the term ‘‘national’’ means: (i) any individual possessing the nationality of a Contracting State; (ii) any legal person, partnership or association deriving its status as such from the laws in force in a Contracting State; Conventions fiscales i) the term ‘‘international traffic’’ means any voyage by a ship, vessel or aircraft operated by an enterprise of a Contracting State, except when the ship, vessel or aircraft is operated principally between places within the other Contracting State. 2. As regards the application of the Convention at any time by a Contracting State, any term not defined therein shall, unless the context otherwise requires, have the meaning that it has at that time under the law of that State for the purposes of the taxes to which the Convention applies, any meaning under the applicable tax laws of that State prevailing over a meaning given to the term under other laws of that State. ARTICLE 4 Resident 1. For the purposes of this Convention, the term ‘‘resident of a Contracting State’’ means any person who, under the laws of that State, is liable to tax therein by reason of the person’s domicile, residence, place of management or any other criterion of a similar nature and also includes that State or a political subdivision or local authority thereof or any agency or instrumentality of any such State, subdivision or authority. This term, however, does not include any person who is liable to tax in that State in respect only of income from sources in that State. 2. Where by reason of the provisions of paragraph l an individual is a resident of both Contracting States, then the individual’s status shall be determined as follows: a) the individual shall be deemed to be a resident only of the State in which the individual has a permanent home available; if the individual has a permanent home available in both States, the individual shall be deemed to be a resident only of the State with which the individual’s personal and economic relations are closer (centre of vital interests); b) if the State in which the individual’s centre of vital interests is situated cannot be determined, or if there is not a permanent home available to the individual in either State, the individual shall be deemed to be a resident only of the State in which the individual has an habitual abode; c) if the individual has an habitual abode in both States or in neither of them, the individual shall be deemed to be a resident only of the State of which the individual is a national; d) if the individual is a national of both States or of neither of them, the competent authorities of the Contracting States shall settle the question by mutual agreement. ��� Tax Conventions Implement C. 24 3. Where by reason of the provisions of paragraph l a person other than an individual is a resident of both Contracting States, the competent authorities of the Contracting States shall by mutual agreement endeavour to settle the question and to determine the mode of application of the Convention to such person. ARTICLE 5 Permanent Establishment 1. For the purposes of this Convention, the term ‘‘permanent establishment’’ means a fixed place of business through which the business of an enterprise is wholly or partly carried on. 2. The term ‘‘permanent establishment’’ includes especially: a) a place of management; b) a branch; c) an office; d) a factory; e) a workshop; and f) a mine, an oil or gas well, a quarry or any other place of extraction of natural resources. 3. A building site, construction, assembly or installation project, or supervisory or consultancy activities connected therewith, constitute a permanent establishment only if such site, project or activities are continued for a period of more than 12 months. 4. Notwithstanding the preceding provisions of this Article, the term ‘‘permanent establishment’’ shall be deemed not to include: a) the use of facilities solely for the purpose of storage, display or delivery of goods or merchandise belonging to the enterprise; b) the maintenance of a stock of goods or merchandise belonging to the enterprise solely for the purpose of storage, display or delivery; c) the maintenance of a stock of goods or merchandise belonging to the enterprise solely for the purpose of processing by another enterprise; d) the maintenance of a fixed place of business solely for the purpose of purchasing goods or merchandise or of collecting information, for the enterprise; e) the maintenance of a fixed place of business solely for the purpose of carrying on, for the enterprise, any other activity of a preparatory or auxiliary character; Conventions fiscales f) the maintenance of a fixed place of business solely for any combination of activities mentioned in subparagraphs a) to e), provided that the overall activity of the fixed place of business resulting from this combination is of a preparatory or auxiliary character. 5. Notwithstanding the provisions of paragraphs 1 and 2, where a person — other than an agent of an independent status to whom paragraph 6 applies — is acting on behalf of an enterprise and has, and habitually exercises, in a Contracting State an authority to conclude contracts on behalf of the enterprise, that enterprise shall be deemed to have a permanent establishment in that State in respect of any activities which that person undertakes for the enterprise, unless the activities of such person are limited to those mentioned in paragraph 4 which, if exercised through a fixed place of business, would not make this fixed place of business a permanent establishment under the provisions of that paragraph. 6. An enterprise shall not be deemed to have a permanent establishment in a Contracting State merely because it carries on business in that State through a broker, general commission agent or any other agent of an independent status, provided that such persons are acting in the ordinary course of their business. 7. The fact that a company which is a resident of a Contracting State controls or is controlled by a company which is a resident of the other Contracting State, or which carries on business in that other State (whether through a permanent establishment or otherwise), shall not of itself constitute either company a permanent establishment of the other. III. TAXATION OF INCOME ARTICLE 6 Income from Immovable Property 1. Income derived by a resident of a Contracting State from immovable property (including income from agriculture or forestry) situated in the other Contracting State may be taxed in that other State. 2. For the purposes of this Convention, the term ‘‘immovable property’’ shall have the meaning, which it has under the law of the Contracting State in which the property in question is situated. The term shall in any case include property accessory to immovable property, livestock and equipment used in agriculture and forestry, rights to which the provisions of general law respecting landed property apply, usufruct of immovable property and rights with respect to the exploitation of, the right to exploit, the exploration for or the right to explore for, mineral deposits, sources and other natural resources. A ship or an aircraft shall not be regarded as immovable property. ��� Tax Conventions Implement C. 24 3. The provisions of paragraph 1 shall apply to income derived from the direct use, letting, or use in any other form of immovable property and to profits or income from the alienation of such property. 4. The provisions of paragraphs 1 and 3 shall also apply to the income from immovable property of an enterprise and to income from immovable property used for the performance of independent personal services. ARTICLE 7 Business Profits 1. The profits of an enterprise of a Contracting State shall be taxable only in that State unless the enterprise carries on business in the other Contracting State through a permanent establishment situated therein. If the enterprise carries on or has carried on business as aforesaid, the profits of the enterprise may be taxed in the other State but only so much of them as is attributable to that permanent establishment. 2. Subject to the provisions of paragraph 3, where an enterprise of a Contracting State carries on business in the other Contracting State through a permanent establishment situated therein, there shall in each Contracting State be attributed to that permanent establishment the profits which it might be expected to make if it were a distinct and separate enterprise engaged in the same or similar activities under the same or similar conditions and dealing wholly independently with the enterprise of which it is a permanent establishment and with all other persons. 3. In the determination of the profits of a permanent establishment, there shall be allowed those deductible expenses which are incurred for the purposes of the permanent establishment including executive and general administrative expenses, whether incurred in the State in which the permanent establishment is situated or elsewhere. 4. No profits shall be attributed to a permanent establishment by reason of the mere purchase by that permanent establishment of goods or merchandise for the enterprise. 5. For the purposes of the preceding paragraphs, the profits to be attributed to the permanent establishment shall be determined by the same method year by year unless there is good and sufficient reason to the contrary. 6. Where profits include items of income which are dealt with separately in other Articles of this Convention, then the provisions of those Articles shall not be affected by the provisions of this Article. ARTICLE 8 Shipping, Air Transport and Containers 1. Profits of an enterprise of a Contracting State from the operation of ships or aircraft in international traffic shall be taxable only in that State. Conventions fiscales 2. Notwithstanding the provisions of paragraph 1 and Article 7, profits derived by an enterprise of a Contracting State from a voyage of a ship where the principal purpose of the voyage is to transport passengers or goods exclusively between places in the other Contracting State may be taxed in that other State. However, this paragraph shall not apply to coastal traffic, which is incidental or supplementary to international traffic. 3. The provisions of paragraphs 1 and 2 shall also apply to profits referred to in those paragraphs derived by an enterprise of a Contracting State from its participation in a pool, a joint business or an international operating agency. 4. Profits derived by an enterprise of a Contracting State from the use, maintenance or rental of containers (including trailers and related equipment for the transportation of containers) used for the transport of goods or merchandise in international traffic shall be taxable only in that Contracting State except insofar as those containers or trailers and related equipment are used for transport principally between places within the other Contracting State. 5. The provisions of paragraphs 1, 2, 3 and 4 shall apply to profits derived by the joint Norwegian, Danish and Swedish air transport consortium, Scandinavian Airlines System (SAS), but only in respect of the share thereof that is derived by SAS Norge ASA, the Norwegian partner of the Scandinavian Airlines System (SAS). ARTICLE 9 Associated Enterprises Where a) an enterprise of a Contracting State participates directly or indirectly in the management, control or capital of an enterprise of the other Contracting State, or b) the same persons participate directly or indirectly in the management, control or capital of an enterprise of a Contracting State and an enterprise of the other Contracting State, and in either case conditions are made or imposed between the two enterprises in their commercial or financial relations which differ from those which would be made between independent enterprises, then any income which would, but for those conditions, have accrued to one of the enterprises, but, by reason of those conditions, have not so accrued, may be included in the income of that enterprise and taxed accordingly. ��� Tax Conventions Implement C. 24 ARTICLE 10 Dividends 1. Dividends paid by a company which is a resident of a Contracting State to a resident of the other Contracting State may be taxed in that other State. 2. However, such dividends may also be taxed in the Contracting State of which the company paying the dividends is a resident and according to the laws of that State, but if the beneficial owner of the dividends is a resident of the other Contracting State, the tax so charged shall not exceed: a) except in the case of dividends paid by a non-resident owned investment corporation that is a resident of Canada, 5 per cent of the gross amount of the dividends if the beneficial owner is a company which holds directly at least 10 per cent of the voting power in the company paying the dividends; b) 15 per cent of the gross amount of the dividends in all other cases. This paragraph shall not affect the taxation of the company in respect of the profits out of which the dividends are paid. 3. Notwithstanding the provisions of paragraph 2, dividends arising in a Contracting State and paid to the other Contracting State or a political subdivision or local authority thereof or to any wholly-owned agency or instrumentality of that State, political subdivision or local authority, shall be taxable only in that other State. However, this provision shall only apply in circumstances as may be agreed from time to time between the competent authorities of the Contracting States. 4. The term ‘‘dividends’’ as used in this Article means income from shares, mining shares, founders’ shares or other rights, not being debt-claims, participating in profits, as well as income subjected to the same taxation treatment as income from shares by the taxation laws of the State of which the company making the distribution is a resident. 5. The provisions of paragraphs 1 and 2 shall not apply if the beneficial owner of the dividends, being a resident of a Contracting State, carries on business in the other Contracting State of which the company paying the dividends is a resident, through a permanent establishment situated therein, or performs in that other State independent personal services from a fixed base situated therein, and the holding in respect of which the dividends are paid is effectively connected with such permanent establishment or fixed base. In such case the provisions of Article 7 or Article 14, as the case may be, shall apply. Conventions fiscales 6. Where a company which is a resident of a Contracting State derives profits or income from the other Contracting State, that other State may not impose any tax on the dividends paid by the company, except insofar as such dividends are paid to a resident of that other State or insofar as the holding in respect of which the dividends are paid is effectively connected with a permanent establishment or a fixed base situated in that other State, nor subject the company’s undistributed profits to a tax on undistributed profits, even if the dividends paid or the undistributed profits consist wholly or partly of profits or income arising in such other State. ARTICLE 11 Interest 1. Interest arising in a Contracting State and paid to a resident of the other Contracting State may be taxed in that other State. 2. However, such interest may also be taxed in the Contracting State in which it arises and according to the laws of that State, but if the beneficial owner of the interest is a resident of the other Contracting State the tax so charged shall not exceed 10 per cent of the gross amount of the interest. 3. Notwithstanding the provisions of paragraph 2, a) interest arising in a Contracting State and paid in respect of a bond, debenture or other similar obligation of the government of that Contracting State or of a political subdivision or local authority thereof shall, provided that the interest is beneficially owned by a resident of the other Contracting State, be taxable only in that other State; b) interest arising in Norway and paid to a resident of Canada shall be taxable only in Canada if it is paid in respect of a loan made, guaranteed or insured, or a credit extended, guaranteed or insured by Export Development Canada; c) interest arising in Canada and paid to a resident of Norway shall be taxable only in Norway if the interest is received by, or the loan for which the interest is accrued, is made, insured or guaranteed by the Norwegian Guarantee Institute for Export Credits (GIEK) or AS Eksportfinans, or any similar institution financed or established by the Government of Norway, as may be agreed from time to time between the competent authorities of the Contracting States; and d) interest arising in a Contracting State and paid to the other Contracting State or a political subdivision or local authority thereof or to any wholly-owned agency or instrumentality of that State, political subdivision or local authority, shall be taxable only in that other State. However, this provision shall only apply in circumstances as may be agreed from time to time between the competent authorities of the Contracting States. ��� Tax Conventions Implement C. 24 4. The term ‘‘interest’’ for Canadian tax purposes includes any item which under the law of Canada is treated as interest and for Norwegian tax purposes includes any item which under the law of Norway is treated as interest. However, this term does not include any item which is treated as a dividend under the provisions of Article 10. 5. The provisions of paragraphs 1 and 2 shall not apply if the beneficial owner of the interest, being a resident of a Contracting State, carries on business in the other Contracting State in which the interest arises, through a permanent establishment situated therein, or performs in that other State independent personal services from a fixed base situated therein, and the debt-claim in respect of which the interest is paid is effectively connected with such permanent establishment or fixed base. In such case the provisions of Article 7 or Article 14, as the case may be, shall apply. 6. Interest shall be deemed to arise in a Contracting State when the payer is a resident of that State. Where, however, the person paying the interest, whether the payer is a resident of a Contracting State or not, has in a Contracting State a permanent establishment or a fixed base in connection with which the indebtedness on which the interest is paid was incurred, and such interest is borne by such permanent establishment or fixed base, then such interest shall be deemed to arise in the State in which the permanent establishment or fixed base is situated. 7. Where, by reason of a special relationship between the payer and the beneficial owner or between both of them and some other person, the amount of the interest, having regard to the debt-claim for which it is paid, exceeds the amount which would have been agreed upon by the payer and the beneficial owner in the absence of such relationship, the provisions of this Article shall apply only to the last-mentioned amount. In such case, the excess part of the payments shall remain taxable according to the laws of each Contracting State, due regard being had to the other provisions of this Convention. ARTICLE 12 Royalties 1. Royalties arising in a Contracting State and paid to a resident of the other Contracting State may be taxed in that other State. 2. However, such royalties may also be taxed in the Contracting State in which they arise, and according to the laws of that State, but if the beneficial owner of the royalties is a resident of the other Contracting State, the tax so charged shall not exceed 10 per cent of the gross amount of the royalties. Conventions fiscales 3. Notwithstanding the provisions of paragraph 2, a) copyright royalties and other like payments in respect of the production or reproduction of any cultural, dramatic, musical or other artistic work (but not including royalties in respect of motion picture films nor royalties in respect of works on film or videotape or other means of reproduction for use in connection with television broadcasting), and b) royalties for the use of, or the right to use, computer software or any patent or for information concerning industrial, commercial or scientific experience (but not including any such royalty in connection with a rental or franchise agreement), arising in a Contracting State and paid to a resident of the other Contracting State who is the beneficial owner of the royalties shall be taxable only in that other State. 4. The term ‘‘royalties’’ as used in this Article means payments of any kind received as a consideration for the use of, or the right to use, any copyright, patent, trade mark, design or model, plan, secret formula or process, or for information concerning industrial, commercial or scientific experience, and includes payments of any kind in respect of motion picture films and works on film or videotape for use in connection with television. 5. The provisions of paragraphs l, 2 and 3 shall not apply if the beneficial owner of the royalties, being a resident of a Contracting State, carries on business in the other Contracting State in which the royalties arise, through a permanent establishment situated therein, or performs in that other State independent personal services from a fixed base situated therein, and the right or property in respect of which the royalties are paid is effectively connected with such permanent establishment or fixed base. In such case the provisions of Article 7 or Article 14, as the case may be, shall apply. 6. Royalties shall be deemed to arise in a Contracting State when the payer is a resident of that State. Where, however, the person paying the royalties, whether the payer is a resident of a Contracting State or not, has in a Contracting State a permanent establishment or a fixed base in connection with which the obligation to pay the royalties was incurred, and such royalties are borne by such permanent establishment or fixed base, then such royalties shall be deemed to arise in the State in which the permanent establishment or fixed base is situated. 7. Where, by reason of a special relationship between the payer and the beneficial owner or between both of them and some other person, the amount of the royalties, having regard to the use, right or information for which they are paid, exceeds the amount which would have been agreed upon by the payer and the ��� Tax Conventions Implement C. 24 beneficial owner in the absence of such relationship, the provisions of this Article shall apply only to the last-mentioned amount. In such case, the excess part of the payments shall remain taxable according to the laws of each Contracting State, due regard being had to the other provisions of this Convention. ARTICLE 13 Capital Gains 1. Gains derived by a resident of a Contracting State from the alienation of immovable property situated in the other Contracting State may be taxed in that other State. 2. Gains from the alienation of movable property forming part of the business property of a permanent establishment which an enterprise of a Contracting State has in the other Contracting State or of movable property pertaining to a fixed base available to a resident of a Contracting State in the other Contracting State for the purpose of performing independent personal services, including such gains from the alienation of such a permanent establishment (alone or with the whole enterprise) or of such fixed base, may be taxed in that other State. 3. Gains derived by an enterprise of a Contracting State from the alienation of ships or aircraft operated in international traffic, or movable property pertaining to the operation of such ships or aircraft shall be taxable only in that State. 4. Gains derived by an enterprise of a Contracting State from the alienation of containers (including trailers and related equipment for the transport of containers) used for the transport of goods or merchandise shall be taxable only in that Contracting State, except insofar as those containers or trailers and related equipment are used for transport principally between places within the other Contracting State. 5. Gains from the alienation of: a) shares of a company, the value of which is derived primarily from immovable property situated in a Contracting State, or b) an interest in a partnership or a trust, the value of which is derived primarily from immovable property situated in a Contracting State, may be taxed in that State. For the purposes of this paragraph, the term ‘‘immovable property’’ shall not include property, other than rental property, in which the business of the company, partnership or trust is carried on. 6. Gains from the alienation of any property, other than that referred to in paragraphs 1, 2, 3, 4 and 5 shall be taxable only in the Contracting State of which the alienator is a resident. Conventions fiscales 7. The provisions of paragraph 6 shall not affect the right of either of the Contracting States to levy, according to its law, a tax on gains from the alienation of any property (other than property to which the provisions of paragraph 8 apply) derived by an individual who is a resident of the other Contracting State and has been a resident of the first-mentioned State at any time during the six years immediately preceding the alienation of the property. 8. Where an individual who ceases to be a resident of a Contracting State, and immediately thereafter becomes a resident of the other Contracting State, is treated for the purposes of taxation in the first-mentioned State as having alienated a property and is taxed in that State by reason thereof, the individual may elect to be treated for purposes of taxation in the other State as if the individual had, immediately before becoming a resident of that State, sold and repurchased the property for an amount equal to the lesser of its fair market value at that time and the proceeds of disposition considered to have been realized by the individual in the first-mentioned State under that alienation. However, this provision shall not apply to property, any gain from which that other State could have taxed in accordance with the provisions of this Article, other than this paragraph, if the individual had realized the gain before becoming a resident of that other State. 9. Where a resident of a Contracting State alienates property in the course of an organization, reorganization, amalgamation, division or similar transaction and profit, gain or income with respect to such alienation is not recognized for the purpose of taxation in that State, if requested to do so by the person who acquires the property, the competent authority of the other State may agree, subject to terms and conditions satisfactory to such competent authority, to defer the recognition of the profit, gain or income with respect to such property for the purpose of taxation in that other State until such time and in such manner as may be stipulated in the agreement. ARTICLE 14 Independent Personal Services 1. Income derived by an individual who is a resident of a Contracting State in respect of professional services or other activities of an independent character shall be taxable only in that State. However, such income may also be taxed in the other Contracting State if: a) the individual is present in the other State for a period or periods exceeding in the aggregate 183 days in any period of twelve months commencing or ending in the fiscal year concerned, but only so much thereof as is attributable to services performed in that other State; or b) the individual has or had a fixed base regularly available in that other State for the purpose of performing the activities, but only so much thereof as is attributable to that fixed base. ��� C. 24 Tax Conventions Implement 2. The term ‘‘professional services’’ includes especially independent scientific, literary, artistic, educational or teaching activities as well as the independent activities of physicians, lawyers, engineers, architects, dentists and accountants. ARTICLE 15 Dependent Personal Services 1. Subject to the provisions of Articles 16, 18 and 19, salaries, wages and other remuneration derived by a resident of a Contracting State in respect of an employment shall be taxable only in that State unless the employment is exercised in the other Contracting State. If the employment is so exercised, such remuneration as is derived therefrom may be taxed in that other State. 2. Notwithstanding the provisions of paragraph 1, remuneration derived by a resident of a Contracting State in respect of an employment exercised in the other Contracting State shall be taxable only in the first-mentioned State if: a) the recipient is present in that other State for a period or periods not exceeding in the aggregate 183 days in any period of twelve months commencing or ending in the fiscal year concerned; b) the remuneration is paid by, or on behalf of, an employer who is a resident of the State of which the recipient is a resident, and whose activity does not consist of the hiring out of labour; and c) the remuneration is not borne by a permanent establishment or a fixed base which the employer has in that other State. 3. Notwithstanding the preceding provisions of this Article, remuneration derived in respect of an employment exercised aboard a ship or aircraft operated in international traffic by an enterprise of a Contracting State may be taxed in that State. 4. Where a resident of a Contracting State derives remuneration in respect of an employment exercised aboard an aircraft operated in international traffic by the Scandinavian Airlines System (SAS) consortium, such remuneration shall be taxable only in the Contracting State of which the recipient is a resident. ARTICLE 16 Directors’ Fees Directors’ fees and other similar payments derived by a resident of a Contracting State in the capacity as a member of the board of directors or a similar organ of a company which is a resident of the other Contracting State may be taxed in that other State. Conventions fiscales ARTICLE 17 Artistes and Sportspersons 1. Notwithstanding the provisions of Articles 7, 14 and 15, income derived by a resident of a Contracting State as an entertainer, such as a theatre, motion picture, radio or television artiste, or a musician, or as a sportsperson, from that individual’s personal activities as such exercised in the other Contracting State, may be taxed in that other State. 2. Where income in respect of personal activities exercised by an entertainer or a sportsperson in that individual’s capacity as such accrues not to the entertainer or sportsperson personally but to another person, that income may, notwithstanding the provisions of Articles 7, 14 and 15, be taxed in the Contracting State in which the activities of the entertainer or sportsperson are exercised. 3. The provisions of paragraphs 1 and 2 shall not apply to income derived by an entertainer or sportsperson from activities performed in a Contracting State if the visit to that Sate is substantially supported by public funds of the other Contracting State or a political subdivision or a local authority thereof. In such case, the income shall be taxable only in the State of which the entertainer or sportsperson is a resident. ARTICLE 18 Pensions, Annuities and Alimony 1. Pensions, including social security payments, and annuities arising in a Contracting State and paid to a resident of the other Contracting State may be taxed in that other State. 2. Pensions, including social security payments, arising in a Contracting State and paid to a resident of the other Contracting State may also be taxed in the State in which they arise, and according to the laws of that State. However, in the case of periodic pension payments including social security payments, the tax so charged shall not exceed 15 per cent of the gross amount of the payment. 3. Annuities arising in a Contracting State and paid to a resident of the other Contracting State may also be taxed in the State in which they arise, and according to the laws of that State, but the tax so charged shall not exceed 15 per cent of the portion thereof that is subject to tax in that State. However, this limitation does not apply to lump-sum payments arising on the surrender, cancellation, redemption, sale or other alienation of an annuity, or to payments of any kind under an annuity contract the cost of which was deductible, in whole or in part, in computing the income of any person who acquired the contract. ��� Tax Conventions Implement C. 24 4. Notwithstanding anything in this Convention: a) war veterans pensions and similar allowances arising in Canada and paid to a resident of Norway shall be exempt from tax in Norway so long as they are not subject to Canadian tax; and b) alimony and other maintenance payments paid to a resident of a Contracting State shall be taxable only in that State. However, any alimony or other maintenance payment paid by a resident of one of the Contracting States to a resident of the other Contracting State, shall, to the extent it is not allowable as a relief to the payer, be taxable only in the first-mentioned State. ARTICLE 19 Government Service 1. (a) Salaries, wages, and other similar remuneration, other than a pension, paid by a Contracting State or a political subdivision or a local authority thereof to an individual in respect of services rendered to that State or subdivision or authority shall be taxable only in that State. b) However, such salaries, wages, and other similar remuneration shall be taxable only in the other Contracting State if the services are rendered in that State and the individual is a resident of that State who: (i) is a national of that State; or (ii) did not become a resident of that State solely for the purpose of rendering the services. 2. The provisions of paragraph 1 shall not apply to remuneration in respect of services rendered in connection with a business carried on by a Contracting State or a political subdivision or a local authority thereof. ARTICLE 20 Students Payments which a student, apprentice or business trainee who is, or was immediately before visiting a Contracting State, a resident of the other Contracting State and who is present in the first-mentioned State solely for the purpose of that individual’s education or training receives for the purpose of that individual’s maintenance, education or training shall not be taxed in that State, provided that such payments arise from sources outside that State. ARTICLE 21 Offshore Activities 1. The provisions of this Article shall apply notwithstanding any other provision of this Convention. Conventions fiscales 2. A person who is a resident of a Contracting State and carries on activities in the other Contracting State in connection with the exploration or exploitation of the seabed and subsoil and their natural resources situated in that other State shall, subject to paragraphs 3 and 4, be deemed in relation to those activities to be carrying on a business in that other State through a permanent establishment or fixed base situated therein. 3. The provisions of paragraph 2 and subparagraph b) of paragraph 6 shall not apply where the activities referred to therein are carried on for a period or periods not exceeding in the aggregate 30 days in any 12 month period. However, for the purposes of this paragraph: a) where an enterprise of a Contracting State carrying on offshore activities in the other Contracting State is associated with another enterprise carrying on substantially similar offshore activities there, the former enterprise shall be deemed to be carrying on all such activities of the latter enterprise, with the exception of activities which are carried on at the same time as its own activities; and b) two enterprises shall be deemed to be associated if one participates directly or indirectly in the management or control of the other, or if the same persons participate directly or indirectly in the management or control of both enterprises. 4. Profits derived by an enterprise of a Contracting State from the transportation of supplies or personnel by ship or aircraft to a location, or between locations, where activities in connection with the exploration or exploitation of the seabed and subsoil and their natural resources are being carried on in a Contracting State, or from the operation of tugboats and other vessels auxiliary to such activities, shall be taxable only in the first-mentioned State. The provisions of this paragraph shall apply only when such ships, vessels or aircraft are operated in international traffic. 5. a) Subject to subparagraph b) of this paragraph, salaries, wages and similar remuneration derived by a resident of a Contracting State in respect of an employment connected with the exploration or exploitation of the seabed and subsoil and their natural resources situated in the other Contracting State may, to the extent that the duties are performed offshore in that other State, be taxed in that other State. However, such remuneration shall be taxable only in the first-mentioned State if the employment is carried on offshore for an employer who is not a resident of the other State and for a period or periods not exceeding in the aggregate 30 days in any 12-month period. b) salaries, wages and similar remuneration derived by a resident of a Contracting State in respect of an employment exercised aboard a ship or aircraft engaged in the transportation of supplies or personnel to a location, or between locations, where activities connected with the exploration or exploitation of the seabed and subsoil and their natural resources are being carried on in the other Contracting State, or in respect of an employment exercised aboard a tugboat and other vessels operated auxiliary to such activities, may be taxed in the Contracting State of which the enterprise carrying on the activities is a resident. The provisions of this subparagraph shall apply only when such ships, vessels or aircraft are operated in international traffic. ��� Tax Conventions Implement C. 24 6. Gains derived by a resident of a Contracting State from the alienation of: a) exploration or exploitation rights; or b) property situated in the other State and used in connection with the exploration or exploitation of the seabed and subsoil and their natural resources situated in that other State; or c) shares of a company or an interest in a partnership or a trust deriving their value or the greater part of their value directly or indirectly from such rights or such property or from such rights and such property taken together, may be taxed in that other State. In this paragraph, the term ‘‘exploration or exploitation rights’’ means rights to assets to be produced by the exploration or exploitation of the seabed and subsoil and their natural resources in the other Contracting State, including rights to interests in or to the benefit of such assets. 7. For the purposes of this Article, the term ‘‘Canada’’ and ‘‘Norway’’, as the case may be, includes the sea or airspace above the area within which Canada or Norway, as the case may be, in accordance with international law and its national law, may exercise rights with respect to the seabed and subsoil and their natural resources. ARTICLE 22 Other Income 1. Subject to the provisions of paragraph 2, items of income of a resident of a Contracting State which are not dealt with in the foregoing Articles of this Convention shall be taxable only in that State. 2. However, if such income is derived by a resident of a Contracting State from sources in the other Contracting State, such income may also be taxed in the State in which it arises, and according to the laws of that State. Where such income is income from a trust, other than a trust to which contributions were deductible, the tax so charged shall, provided that the income is taxable in the Contracting State in which the beneficial owner is a resident, not exceed 15 per cent of the gross amount of the income. IV. TAXATION OF CAPITAL ARTICLE 23 Capital 1. Capital represented by immovable property owned by a resident of a Contracting State and situated in the other Contracting State may be taxed in that other State. Conventions fiscales 2. Capital represented by movable property forming part of the business property of a permanent establishment which an enterprise of a Contracting State has in the other Contracting State, or by movable property pertaining to a fixed base available to a resident of a Contracting State in the other Contracting State for the purpose of performing independent personal services, may be taxed in that other State. 3. Capital of an enterprise of a Contracting State represented by ships or aircraft operated in international traffic and by movable property pertaining to the operation of such ships or aircraft, shall be taxable only in that State. 4. Capital of an enterprise of a Contracting State represented by containers (including trailers and related equipment for the transport of containers) used for the transport of goods or merchandise shall be taxable only in that State, except insofar as those containers or trailers and related equipment are used for transport principally between places within the other Contracting State. 5. All other elements of capital of a resident of a Contracting State shall be taxable only in that State. V. METHODS FOR AVOIDANCE OF DOUBLE TAXATION ARTICLE 24 Avoidance of Double Taxation 1. In the case of Canada, double taxation shall be avoided as follows: a) Subject to the existing provisions of the law of Canada regarding the deduction from tax payable in Canada of tax paid in a territory outside Canada and to any subsequent modification of those provisions — which shall not affect the general principle hereof — and unless a greater deduction or relief is provided under the laws of Canada, tax payable in Norway on profits, income or gains arising in Norway shall be deducted from any Canadian tax payable in respect of such profits, income or gains; and b) where, in accordance with any provision of the Convention, income derived or capital owned by a resident of Canada is exempt from tax in Canada, Canada may nevertheless, in calculating the amount of tax on other income or capital, take into account the exempted income or capital. 2. Subject to the provisions of the laws of Norway regarding the allowance as a credit against Norwegian tax of tax payable in a territory outside Norway (which shall not affect the general principle hereof); ��� C. 24 Tax Conventions Implement a) Where a resident of Norway derives income or owns elements of capital which, in accordance with the provisions of this Convention, may be taxed in Canada, Norway shall allow: i) as a deduction from the tax on the income of that resident, an amount equal to the income tax paid in Canada; and ii) as a deduction from the tax on the capital of that resident, an amount equal to the capital tax paid in Canada. Such deduction in either case shall not, however, exceed that part of the income tax or capital tax, as computed before the deduction is given, which is attributable, as the case may be, to the income or same elements of capital which may be taxed in Canada. b) Where in accordance with any provision of the Convention income derived or capital owned by a resident of Norway is exempt from tax in Norway, Norway may nevertheless include such income or capital in the tax base, but shall allow as a deduction from the Norwegian tax on income or capital that part of the income tax or capital tax, as the case may be, which is attributable to the income derived from Canada, or the capital owned in Canada. 3. For the purposes of this Article, profits, income or gains of a resident of a Contracting State which are taxed in the other Contracting State in accordance with this Convention shall be deemed to arise from sources in that other State. VI. SPECIAL PROVISIONS ARTICLE 25 Non-discrimination 1. Nationals of a Contracting State shall not be subjected in the other Contracting State to any taxation or any requirement connected therewith, that is more burdensome than the taxation and connected requirements to which nationals of that other State in the same circumstances, in particular with respect to residence, are or may be subjected. 2. The taxation on a permanent establishment which an enterprise of a Contracting State has in the other Contracting State shall not be less favourably levied in that other State than the taxation levied on enterprises of that other State carrying on the same activities. Conventions fiscales 3. Nothing in this Article shall be construed as obliging a Contracting State to grant to persons being resident in the other Contracting State any personal allowances, reliefs and reductions for taxation purposes on account of civil status or family responsibilities or any other personal circumstances which it grants to its own residents or to grant reliefs with respect to dividends or other payments to a company resident in the other Contracting State. 4. Except where the provisions of Article 9, paragraph 7 of Article 11 or paragraph 7 of Article 12 apply, interest, royalties and other disbursements paid by an enterprise of a Contracting State to a resident of the other Contracting State shall, for the purpose of determining the taxable profits of such enterprise, be deductible under the same conditions as if they had been paid to a resident of the first-mentioned State. Similarly, any debts of an enterprise of a Contracting State to a resident of the other Contracting State shall, for the purpose of determining the taxable capital of such enterprise, be deductible under the same conditions as if they had been contracted to a resident of the first-mentioned State. 5. The provisions of paragraph 4 shall not affect the operation of any provision of the taxation laws of a Contracting State: a) relating to the deductibility of interest and which is in force on the date of signature of this Convention (including any subsequent modification of such provisions that does not change the general nature thereof); or b) adopted after such date by a Contracting State and which is designed to ensure that a person who is not a resident of that State does not enjoy, under the laws of that State, a tax treatment that is more favourable than that enjoyed by residents of that State. 6. Enterprises of a Contracting State, the capital of which is wholly or partly owned or controlled, directly or indirectly, by one or more residents of the other Contracting State, shall not be subjected in the first-mentioned State to any taxation or any requirement connected therewith which is other or more burdensome than the taxation and connected requirements to which other similar enterprises of the first-mentioned state, the capital of which is wholly or partly owned or controlled, directly or indirectly, by one or more residents of a third state, are or may be subjected. 7. Nothing in this Convention shall be construed as preventing a Contracting State from imposing on the earnings attributable to permanent establishments in that State of a company which is a resident of the other Contracting State or on the earnings attributable to the alienation of immovable property situated in that State of a company which is a resident of the other Contracting State carrying on a trade in immovable property, tax in addition to the tax which would be chargeable on the earnings of a company which is a resident of the first-mentioned State, provided that the rate of any additional tax so imposed shall not ��� C. 24 Tax Conventions Implement exceed 5 per cent of the amount of such earnings which have not been subjected to such additional tax in previous taxation years. 8. For the purpose of paragraph 7, the term ‘‘earnings’’ means: a) the earnings attributable to the alienation of such immovable property situated in a Contracting State as may be taxed by that State pursuant to the provisions of Article 6 or of paragraph 1 of Article 13; and b) the profits attributable to permanent establishments in a Contracting State (including gains from the alienation of property forming part of the business property of such permanent establishments) in a year and previous years after deducting therefrom: (i) business losses attributable to such permanent establishments (including losses from the alienation of property forming part of the business property of such permanent establishments) in such year and previous years; and (ii) all taxes, other than the additional tax referred to in paragraph 6, imposed on such profits in that State; and (iii) the profits reinvested in that State, provided that where that State is Canada, the amount of such deduction shall be determined in accordance with the existing provisions of the law of Canada regarding the computation of the allowance in respect of investment in property in Canada, and any subsequent modification of those provisions which shall not affect the general principle thereof; and (iv) five hundred thousand Canadian dollars ($500,000), or its equivalent in Norwegian currency, less any amount deducted in that State under this subparagraph by the company or a company associated therewith with respect to the same or a similar business; for the purposes of this subparagraph a company is associated with another company if either company participates directly or indirectly in the management or control of the other company or if the same persons participate directly or indirectly in the management or control of both companies. 9. In this Article, the term ‘‘taxation’’ means taxes which are the subject of this Convention. ARTICLE 26 Mutual Agreement Procedure 1. Where a person considers that the actions of one or both of the Contracting States result or will result for that person in taxation not in accordance with the provisions of this Convention, that person may, irrespective of the remedies provided by the domestic law of those States, address to the competent authority of the Contracting State of which the person is a Conventions fiscales resident an application in writing stating the grounds for claiming the revision of such taxation. To be admissible, the said application must be submitted within two years from the first notification of the action resulting in taxation not in accordance with the provisions of the Convention. 2. The competent authority shall endeavour, if the objection appears to it to be justified and if it is not itself able to arrive at a satisfactory solution, to resolve the case by mutual agreement with the competent authority of the other Contracting State, with a view to the avoidance of taxation which is not in accordance with the Convention. 3. The competent authorities of the Contracting States shall endeavour to resolve by mutual agreement any difficulties or doubts arising as to the interpretation or application of the Convention. They may also consult together for the elimination of double taxation in cases not provided for in the Convention. ARTICLE 27 Exchange of Information 1. The competent authorities of the Contracting States shall exchange such information as is relevant for carrying out the provisions of this Convention or of the domestic laws of the Contracting States concerning taxes imposed by the Contracting States insofar as the taxation thereunder is not contrary to the Convention. The exchange of information is not restricted by Article 1. Any information received by a Contracting State shall be treated as secret in the same manner as information obtained under the domestic laws of that State and shall be disclosed only to persons or authorities (including courts and administrative bodies) involved in the assessment or collection of, the enforcement in respect of, or the determination of appeals in relation to, taxes in that State. Such persons or authorities shall use the information only for such purposes. They may disclose the information in public court proceedings or in judicial decisions. 2. In no case shall the provisions of paragraph 1 be construed so as to impose on a Contracting State the obligation: a) to carry out administrative measures at variance with the laws and administrative practice of that or of the other Contracting State; b) to supply information which is not obtainable under the laws or in the normal course of the administration of that or of the other Contracting State; c) to supply information which would disclose any trade, business, industrial, commercial or professional secret or trade process, or information, the disclosure of which would be contrary to public policy (ordre public). ��� C. 24 Tax Conventions Implement 3. If information is requested by a Contracting State in accordance with this Article, the other Contracting State shall endeavour to obtain the information to which the request relates in the same way as if its own taxation was involved notwithstanding the fact that the other State does not, at that time, need such information. If specifically requested by the competent authority of a Contracting State, the competent authority of the other Contracting State shall endeavour to provide information under this Article in the form requested, such as depositions of witnesses and copies of unedited original documents (including books, papers, statements, records, accounts or writings), to the same extent such depositions and documents can be obtained under the laws and administrative practices of that other State with respect to its own taxes. ARTICLE 28 Assistance in Collection 1. The Contracting States undertake to lend assistance to each other in the collection of taxes referred to in paragraph 8, together with interest, costs, additions to such taxes and civil penalties, referred to in this Article as a ‘‘revenue claim’’. The provisions of this Article are not restricted by Article 1. 2. An application for assistance in the collection of a revenue claim shall include a certification by the competent authority of the applicant State that, under the laws of that State, the revenue claim has been finally determined. For the purposes of this Article, a revenue claim is finally determined when the applicant State has the right under its internal law to collect the revenue claim and all administrative and judicial rights of the taxpayer to restrain collection in the applicant State have lapsed or been exhausted. 3. A revenue claim of the applicant State may be accepted for collection by the competent authority of the requested State only if it is finally determined by the applicant State after the date that is 10 years before the date on which the Convention enters into force. Subject to the provisions of paragraph 7, a revenue claim that is accepted shall be collected by the requested State as though it were the requested State’s own revenue claim finally determined in accordance with the laws applicable to the collection of the requested State’s own taxes. 4. Where an application for collection of a revenue claim in respect of a taxpayer is accepted by Canada or Norway, the revenue claim shall be treated, if that State is Canada, as an amount payable under the Income Tax Act of Canada, or if that State is Norway, as an amount payable under Norwegian law, the collection of which is not subject to any restriction. Conventions fiscales 5. Nothing in this Article shall be construed as creating or providing any rights of administrative or judicial review of the applicant State’s finally determined revenue claim by the requested State, based on any such rights that may be available under the laws of either State. If, at any time pending execution of a request for assistance under this Article, the applicant State loses the right under its internal law to collect the revenue claim, the competent authority of the applicant State shall promptly withdraw the request for assistance in collection. 6. Unless the competent authorities of the States otherwise agree, the ordinary costs incurred in providing collection assistance shall be borne by the requested State and any extraordinary costs so incurred shall be borne by the applicant State. 7. A revenue claim of the applicant State accepted for collection shall not have in the requested State any priority accorded to the revenue claims of the requested State even if the recovery procedure used is the one applicable to its own revenue claims. A revenue claim of the applicant State shall not be recovered by imprisonment for debt of the debtor in the requested State. 8. Notwithstanding the provisions of Article 2, the provisions of this Article shall apply to all categories of taxes collected by or on behalf of the Government of a Contracting State. 9. Nothing in this Article shall be construed as imposing on either Contracting State the obligation to carry out administrative measures at variance with its laws or administrative practice or that would be contrary to its fundamental principles of tax policy or its public policy (ordre public). 10. The competent authorities of the States shall agree upon the mode of application of this Article, including agreement to ensure comparable levels of assistance to each of the States. ARTICLE 29 Members of Diplomatic Missions and Consular Posts 1. Nothing in this Convention shall affect the fiscal privileges of diplomatic missions or consular posts under the general rules of international law or under the provisions of special agreements. 2. The Convention shall not apply to international organizations, to organs or officials thereof and to persons who are members of a diplomatic mission, consular post or permanent mission of a third State or group of States, being present in a Contracting State and who are not liable in either Contracting State to the same obligations in relation to tax on their total income as are residents thereof. ��� C. 24 Tax Conventions Implement ARTICLE 30 Miscellaneous Rules 1. The provisions of this Convention shall not be construed to restrict in any manner any exclusion, exemption, deduction, credit, or other allowance now or hereafter accorded by the laws of a Contracting State in the determination of the tax imposed by that State. 2. Nothing in the Convention shall be construed as preventing a Contracting State from imposing a tax on amounts included in the income of a resident of that State with respect to a partnership, trust or company, in which the resident has an interest. 3. The Convention shall not apply to any company, trust or other entity that is a resident of a Contracting State and is beneficially owned or controlled, directly or indirectly, by one or more persons who are not residents of that State, if the amount of the tax imposed on the income or capital of the company, trust or other entity by that State is substantially lower than the amount that would be imposed by that State (after taking into account any reduction or offset of the amount of tax in any manner, including a refund, reimbursement, contribution, credit, allowance to the company, trust or partnership, or to any other person) if all of the shares of the capital stock of the company or all of the interests in the trust or other entity, as the case may be, were beneficially owned by one or more individuals who were residents of that State. 4. For the purposes of paragraph 3 of Article XXII (Consultation) of the General Agreement on Trade in Services, the Contracting States agree that, notwithstanding that paragraph, any dispute between them as to whether a measure falls within the scope of the convention may be brought before the Council for Trade in Services, as provided by that paragraph, only with the consent of both Contracting States. Any doubt as to the interpretation of this paragraph shall be resolved under paragraph 3 of Article 26 or, failing agreement under that procedure, pursuant to any other procedure agreed to by both Contracting States. VII. FINAL PROVISIONS ARTICLE 31 Entry into Force 1. This Convention shall enter into force upon the later of the dates on which the respective Governments have notified each other in writing through diplomatic channels that the formalities constitutionally required in their respective States have been complied with, and its provisions shall have effect: Conventions fiscales a) in respect of tax withheld at the source on amounts paid or credited to non-residents on or after the first day of January in the calendar year next following that in which the Convention enters into force, and b) in respect of any other tax for any taxation or income year beginning on or after the first day of January in the calendar year next following that in which the Convention enters into force. 2. The l966 Convention shall cease to have effect with respect to taxes to which this Convention applies in accordance with the provisions of paragraph 1. 3. The 1966 Convention shall terminate on the last date on which it has effect in accordance with the foregoing provisions of this Article. 4. The termination of the l966 Convention as provided in paragraph 3 shall not revive the Agreement between the Government of Canada and the Government of the Kingdom of Norway constituted by the Exchange of Notes concerning reciprocal exemption from income tax on profits accruing from the operation of ships, dated May 2nd, 1929. Upon the entry into force of this Convention the last-mentioned Agreement shall terminate. 5. In this Article the term ‘‘the 1966 Convention’’ means the Convention between the Government of Canada and the Government of the Kingdom of Norway for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income signed at Ottawa on November 23, 1966. ARTICLE 32 Termination This Convention shall continue in effect indefinitely but either Contracting State may, on or before June 30 in any calendar year after the year of its entry into force, give to the other Contracting State a notice of termination in writing through diplomatic channels; in such event, the Convention shall cease to have effect: a) in respect of tax withheld at the source on amounts paid or credited to non-residents on or after the first day of January of the next following calendar year; and b) in respect of any other tax for any taxation or income year beginning on or after the first day of January of the next following calendar year. IN WITNESS WHEREOF the undersigned, duly authorized to that effect, have signed this Convention. ��� C. 24 Tax Conventions Implement DONE in duplicate at Ottawa, this 12th day of July 2002, in the English, French and Norwegian languages, each version being equally authentic. FOR THE GOVERNMENT OF CANADA FOR THE GOVERNMENT OF THE KINGDOM OF NORWAY Len Edwards Ingvard Havnen Conventions fiscales SCHEDULE 6 (Section 8) SCHEDULE II (Section 5) CONVENTION BETWEEN THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF THE KINGDOM OF BELGIUM FOR THE AVOIDANCE OF DOUBLE TAXATION AND THE PREVENTION OF FISCAL EVASION WITH RESPECT TO TAXES ON INCOME AND ON CAPITAL The Government of Canada and the Government of the Kingdom of Belgium, desiring to conclude a Convention for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income and on capital, have agreed as follows: I. SCOPE OF THE CONVENTION ARTICLE 1 Persons Covered This Convention shall apply to persons who are residents of one or both of the Contracting States. ARTICLE 2 Taxes Covered 1. This Convention shall apply to taxes on income and on capital imposed on behalf of each Contracting State, irrespective of the manner in which they are levied. 2. There shall be regarded as taxes on income and on capital all taxes imposed on total income, on total capital, or on elements of income or of capital, including taxes on gains from the alienation of movable or immovable property, as well as taxes on capital appreciation. 3. The existing taxes to which the Convention shall apply are in particular: (a) in the case of Belgium: (i) the individual income tax; (ii) the corporate income tax; (iii) the income tax on legal entities; (iv) the income tax on non-residents; (v) the supplementary crisis contribution; ��� Tax Conventions Implement C. 24 including the prepayments, the surcharges on these taxes and prepayments, and the supplements to the individual income tax, (hereinafter referred to as ‘‘Belgian tax’’); (b) in the case of Canada: the taxes imposed by the Government of Canada under the Income Tax Act, (hereinafter referred to as ‘‘Canadian tax’’). 4. The Convention shall apply also to any identical or substantially similar taxes, which are imposed after the date of signature of the Convention in addition to, or in place of, the existing taxes. The competent authorities of the Contracting States shall notify each other of any significant changes, which have been made in their respective taxation laws. II. DEFINITIONS ARTICLE 3 General Definitions 1. For the purposes of this Convention, unless the context otherwise requires: (a) (i) the term ‘‘Belgium’’ used in a geographical sense means the national territory, including the territorial sea, and any other area in the sea or in the air within which Belgium, in accordance with international law, exercises sovereign rights or its jurisdiction; (ii) the term ‘‘Canada’’ used in a geographical sense means the territory of Canada, including: (A) any area beyond the territorial seas of Canada which, under the laws of Canada and in accordance with international law, is an area within which Canada may exercise rights with respect to the seabed and subsoil and their natural resources; (B) the waters and airspace above every area referred to in clause (A) in respect of any activity carried on in connection with the exploration for or the exploitation of the natural resources referred to therein; (b) the terms ‘‘a Contracting State’’ and ‘‘the other Contracting State’’ mean Canada or Belgium as the context requires; (c) the term ‘‘person’’ includes an individual, a company, a partnership and any other body of persons, including, in the case of Canada, an estate and a trust; (d) the term ‘‘company’’ means any body corporate or any other entity which is treated as a body corporate for tax purposes; (e) the terms ‘‘enterprise of a Contracting State’’ and ‘‘enterprise of the other Contracting State’’ mean respectively an enterprise carried on by a resident of a Contracting State and an enterprise carried on by a resident of the other Contracting State; Conventions fiscales (f) the term ‘‘competent authority’’ means: (i) in the case of Belgium: the Minister of Finance or the Minister’s authorized representative; (ii) in the case of Canada: the Minister of National Revenue or the Minister’s authorized representative, and, (g) the term ‘‘national’’ means: (i) any individual possessing the nationality of a Contracting State; (ii) any legal person, partnership and association deriving its status as such from the law in force in a Contracting State; (h) the term ‘‘international traffic’’ means any voyage of a ship or aircraft operated by an enterprise of a Contracting State to transport passengers or goods except where the principal purpose of the voyage is to transport passengers or goods exclusively between places in the other Contracting State. 2. As regards the application of the Convention by a Contracting State at any time, any term not defined therein shall, unless the context otherwise requires, have the meaning which it has at that time under the law of that State concerning the taxes to which the Convention applies, any meaning under that law prevailing over a meaning given to the term under other laws of that State. ARTICLE 4 Resident 1. For the purposes of this Convention, the term ‘‘resident of a Contracting State’’ means: (a) any person who, under the laws of that State, is liable to tax therein by reason of the person’s domicile, residence, place of management or any other criterion of a similar nature; (b) that State, a political subdivision or a local authority thereof or any legal entity owned by that State, subdivision or authority. This term does not include any person who is liable to tax in that State in respect only of income from sources in that State or capital situated therein. 2. Where by reason of the provisions of paragraph 1 an individual is a resident of both Contracting States, then the individual’s status shall be determined as follows: ��� Tax Conventions Implement C. 24 (a) the individual shall be deemed to be a resident only of the State in which the individual has a permanent home available; if the individual has a permanent home available in both States, the individual shall be deemed to be a resident only of the State with which the individual’s personal and economic relations are closer (centre of vital interests); (b) if the State in which the individual’s centre of vital interests is situated cannot be determined, or if there is not a permanent home available to the individual in either State, the individual shall be deemed to be a resident only of the State in which the individual has an habitual abode; (c) if the individual has an habitual abode in both States or in neither of them, the individual shall be deemed to be a resident only of the State of which the individual is a national; (d) if the individual is a national of both States or of neither of them, the competent authorities of the Contracting States shall settle the question by mutual agreement. 3. Where by reason of the provisions of paragraph 1 a person other than an individual is a resident of both Contracting States, the competent authorities of the Contracting States shall by mutual agreement endeavour to settle the question having regard to its place of effective management, the place where it is incorporated or otherwise constituted and any other relevant factors. In the absence of such agreement, such person shall be deemed not to be a resident of either Contracting State for the purposes of Articles 6 to 22 inclusive. ARTICLE 5 Permanent Establishment 1. For the purposes of this Convention, the term ‘‘permanent establishment’’ means a fixed place of business through which the business of an enterprise is wholly or partly carried on. 2. The term ‘‘permanent establishment’’ includes especially: (a) a place of management; (b) a branch; (c) an office; (d) a factory; (e) a workshop; and (f) a mine, an oil or gas well, a quarry or any other place of extraction of natural resources. Conventions fiscales 3. A building site or construction or installation project constitutes a permanent establishment only if it lasts for more than twelve months. 4. The use of an installation or drilling rig or ship in a Contracting State to explore for or exploit natural resources constitutes a permanent establishment only if such use is for more than three months in any twelve month period. 5. Notwithstanding the preceding provisions of this Article, the term ‘‘permanent establishment’’ shall be deemed not to include: (a) the use of facilities solely for the purpose of storage, display or delivery of goods or merchandise belonging to the enterprise; (b) the maintenance of a stock of goods or merchandise belonging to the enterprise solely for the purpose of storage, display or delivery; (c) the maintenance of a stock of goods or merchandise belonging to the enterprise solely for the purpose of processing by another enterprise; (d) the maintenance of a fixed place of business solely for the purpose of purchasing goods or merchandise, or of collecting information, for the enterprise; (e) the maintenance of a fixed place of business solely for the purpose of carrying on, for the enterprise, any other activity of a preparatory or auxiliary character; (f) the maintenance of a fixed place of business solely for any combination of activities mentioned in subparagraphs (a) to (e) provided that the overall activity of the fixed place of business resulting from this combination is of a preparatory or auxiliary character. 6. Notwithstanding the provisions of paragraphs 1 and 2, where a person — other than an agent of an independent status to whom paragraph 7 applies — is acting on behalf of an enterprise and has, and habitually exercises, in a Contracting State an authority to conclude contracts in the name of the enterprise, that enterprise shall be deemed to have a permanent establishment in that State in respect of any activities which that person undertakes for the enterprise, unless the activities of such person are limited to those mentioned in paragraph 5 which, if exercised through a fixed place of business, would not make this fixed place of business a permanent establishment under the provisions of that paragraph. 7. An enterprise shall not be deemed to have a permanent establishment in a Contracting State merely because it carries on business in that State through a broker, general commission agent or any other agent of an independent status, provided that such persons are acting in the ordinary course of their business. ��� Tax Conventions Implement C. 24 8. Notwithstanding the provisions of paragraphs 6 and 7, an insurance enterprise of a Contracting State shall, except with regard to reinsurance, be deemed to have a permanent establishment in the other State if it collects premiums in that other State, or insure risks situated therein, through a representative referred to in paragraph 6 or through an agent of an independent status who has, and habitually exercises, an authority to conclude contracts in the name of the enterprise. 9. The fact that a company which is a resident of a Contracting State controls or is controlled by a company which is a resident of the other Contracting State, or which carries on business in that other State (whether through a permanent establishment or otherwise), shall not of itself constitute either company a permanent establishment of the other. III. TAXATION OF INCOME ARTICLE 6 Income From Immovable Property 1. Income derived by a resident of a Contracting State from immovable property (including income from agriculture or forestry) situated in the other Contracting State may be taxed in that other State. 2. The term ‘‘immovable property’’ shall have the meaning, which it has under the law of the Contracting State in which the property in question is situated. The term shall in any case include property accessory to immovable property, livestock and equipment used in agriculture and forestry, rights to which the provisions of general law respecting landed property apply, usufruct of immovable property and rights to variable or fixed payments as consideration for the working of, or the right to work, mineral deposits, sources and other natural resources; ships, boats and aircraft shall not be regarded as immovable property. 3. The provisions of paragraph 1 shall apply to income derived from the direct use, letting, or use in any other form of immovable property and to income from the alienation of such property. 4. The provisions of paragraphs 1 and 3 shall also apply to the income from immovable property of an enterprise and to income from immovable property used for the performance of independent personal services. ARTICLE 7 Business Profits 1. The profits of an enterprise of a Contracting State shall be taxable only in that State unless the enterprise carries on business in the other Contracting State through a permanent establishment situated therein. If the enterprise carries on or has carried on business as aforesaid, the profits of the enterprise may be taxed in the other State but only so much of them as is attributable to that permanent establishment. Conventions fiscales 2. Subject to the provisions of paragraph 3, where an enterprise of a Contracting State carries on business in the other Contracting State through a permanent establishment situated therein, there shall in each Contracting State be attributed to that permanent establishment the profits which it might be expected to make if it were a distinct and separate enterprise engaged in the same or similar activities under the same or similar conditions and dealing wholly independently with the enterprise of which it is a permanent establishment and with all other associated persons. 3. In determining the profits of a permanent establishment, there shall be allowed those deductible expenses which are incurred for the purposes of the permanent establishment, including executive and general administrative expenses so incurred, whether in the State in which the permanent establishment is situated or elsewhere. 4. In the absence of appropriate accounting or other data permitting the determination of the amount of the profits of an enterprise of a Contracting State which is attributable to its permanent establishment situated in the other State, the tax may, in particular, be charged in that other State in accordance with its domestic legislation, having regard to the normal profits of similar enterprises engaged in the same or similar activities under the same or similar conditions. 5. No profits shall be attributed to a permanent establishment by reason of the mere purchase by that permanent establishment of goods or merchandise for the enterprise. 6. For the purposes of the preceding paragraphs, the profits to be attributed to the permanent establishment shall be determined by the same method year by year unless there is good and sufficient reason to the contrary. 7. Where profits include items of income which are dealt with separately in other Articles of this Convention, then the provisions of those Articles shall not be affected by the provisions of this Article. ARTICLE 8 Shipping and Air Transport 1. Profits derived by an enterprise of a Contracting State from the operation of ships or aircraft in international traffic shall be taxable only in that State. 2. Notwithstanding the provisions of Article 7, profits which are not covered by paragraph 1 and which are derived from the operation of ships used to transport passengers or goods exclusively between places in a Contracting State may be taxed in that State. 3. The provisions of paragraphs 1 and 2 shall also apply to profits from the participation in a pool, a joint business or an international operating agency. Tax Conventions Implement C. 24 ��� 4. In this Article, (a) the term ‘‘profits’’ includes interest on funds directly connected with the operation of ships or aircraft in international traffic, provided that such interest is incidental to the operation; (b) the term ‘‘operation of ships or aircraft in international traffic’’ includes: (i) the charter or rental of ships or aircraft, or (ii) the rental of containers and related equipment, by an enterprise of a Contracting State, provided that such charter or rental is incidental to the operation by that enterprise of ships or aircraft in international traffic. ARTICLE 9 Associated Enterprises 1. Where (a) an enterprise of a Contracting State participates directly or indirectly in the management, control or capital of an enterprise of the other Contracting State, or (b) the same persons participate directly or indirectly in the management, control or capital of an enterprise of a Contracting State and an enterprise of the other Contracting State, and in either case conditions are made or imposed between the two enterprises in their commercial or financial relations which differ from those which would be made between independent enterprises, then any income or profits which would, but for those conditions, have accrued to one of the enterprises, but, by reason of those conditions, have not so accrued, may be included in the income or profits of that enterprise and taxed accordingly. 2. Where a Contracting State includes in the income or profits of an enterprise of that State — and taxes accordingly — income or profits on which an enterprise of the other Contracting State has been charged to tax in that other State and the income or profits so included are income or profits which would have accrued to the enterprise of the first-mentioned State if the conditions made between the two enterprises had been those which would have been made between independent enterprises, then that other State shall make such an adjustment as it considers appropriate to the amount of tax charged therein on that income or those profits. In determining such adjustment, due regard shall be had to the other provisions of this Convention. 3. A Contracting State shall not change the income or profits of an enterprise in the circumstances referred to in paragraph 1 after the expiry of the time limits provided in its national laws and, in any case, after six years from the end of the year in which the income or profits which would be subject to such change would have accrued to an enterprise of that State. Conventions fiscales 4. The provisions of paragraphs 2 and 3 shall not apply in the case of fraud or wilful default. ARTICLE 10 Dividends 1. Dividends paid by a company which is a resident of a Contracting State to a resident of the other Contracting State may be taxed in that other State. 2. However, such dividends may also be taxed in the Contracting State of which the company paying the dividends is a resident and according to the laws of that State, but if the beneficial owner of the dividends is a resident of the other Contracting State the tax so charged shall not exceed: (a) 5 per cent of the gross amount of the dividends if the beneficial owner is a company which owns directly at least 10 per cent of the voting stock of the company paying the dividends; (b) 15 per cent of the gross amount of the dividends in all other cases. This paragraph shall not affect the taxation of the company in respect of the profits out of which the dividends are paid. 3. The term ‘‘dividends’’ as used in this Article means income from shares, ‘‘jouissance’’ shares or ‘‘jouissance’’ rights, mining shares, founders’ shares or other rights, not being debt-claims, participating in profits, as well as income — even paid in the form of interest — which is subjected to the same taxation treatment as income from shares by the laws of the State of which the company making the payment is a resident. 4. The provisions of paragraphs 1 and 2 shall not apply if the beneficial owner of the dividends, being a resident of a Contracting State, carries on business in the other Contracting State of which the company paying the dividends is a resident, through a permanent establishment situated therein, or performs in that other State independent personal services from a fixed base situated therein, and the holding in respect of which the dividends are paid is effectively connected with such permanent establishment or fixed base. In such case the provisions of Article 7 or Article 14, as the case may be, shall apply. 5. Where a company which is a resident of a Contracting State derives profits or income from the other Contracting State, that other State may not impose any tax on the dividends paid by the company, except insofar as such dividends are paid to a resident of that other State or insofar as the holding in respect of which the dividends are paid is effectively connected with a permanent establishment or a fixed base situated in that other State, nor subject the company’s undistributed profits to a tax on the company’s undistributed profits, even if the dividends paid or the undistributed profits consist wholly or partly of profits or income arising in such other State. ��� Tax Conventions Implement C. 24 6. Nothing in this Convention shall be construed as preventing Canada from imposing a tax on the earnings attributable to permanent establishments in Canada of a company which is a resident of Belgium, in addition to the tax which would be chargeable on the earnings of a company which is a resident of Canada, provided that the rate of any additional tax so imposed shall not exceed 5 per cent of the amount of such earnings which have not been subjected to such additional tax in previous taxation years. For the purpose of this provision, the term ‘‘earnings’’ means profits attributable to such permanent establishments in Canada (including gains from the alienation of property forming part of the business property, referred to in paragraph 2 of Article 13, of such permanent establishments) in accordance with Article 7 in a year and previous years after deducting therefrom: (a) business losses attributable to such permanent establishments (including losses from the alienation of property forming part of the business property of such permanent establishments) in such year and previous years; (b) all taxes chargeable in Canada on such profits, other than the additional tax referred to herein; (c) the profits reinvested in Canada, provided that the amount of such deduction shall be determined in accordance with the existing provisions, of the law of Canada regarding the computation of the allowance in respect of investment in property in Canada, and any subsequent modification of those provisions which shall not affect the general principle hereof; and (d) five hundred thousand Canadian dollars ($500,000), less any amount deducted: (i) by the company, or (ii) by a person related thereto from the same or a similar business as that carried on by the company, under this subparagraph (d); for the purposes of this subparagraph (d), a company is related to another company if one company directly or indirectly controls the other, or both companies are directly or indirectly controlled by the same person or persons, or if the two companies deal with each other not at arm’s length. ARTICLE 11 Interest 1. Interest arising in a Contracting State and paid to a resident of the other Contracting State may be taxed in that other State. 2. However, such interest may also be taxed in the Contracting State in which it arises and according to the laws of that State, but if the beneficial owner of the interest is a resident of the other Contracting State the tax so charged shall not exceed 10 per cent of the gross amount of the interest. Conventions fiscales 3. Notwithstanding the provisions of paragraph 2, interest arising in a Contracting State and paid to a resident of the other Contracting State who is the beneficial owner thereof shall be taxable only in that other State if it is: (a) interest paid with respect to indebtedness in connection with the sale on credit by a resident of that other State of any equipment, merchandise or services, except where the sale or indebtedness was between related persons; (b) interest paid to the other Contracting State or a political subdivision or a local authority thereof; (c) interest on a loan made, guaranteed or insured or a credit extended, guaranteed or insured by Export Development Canada in the case of Canada or by any similar institution specified and agreed in letters exchanged between the competent authorities of the Contracting States in the case of Belgium. 4. The term ‘‘interest’’ as used in this Article means income from debt-claims of every kind, whether or not secured by mortgage and whether or not carrying a right to participate in the debtor’s profits, and in particular, income from government securities and income from bonds or debentures, including premiums and prizes attaching to such securities, bonds or debentures, as well as income assimilated to income from money lent by the taxation law of the State in which the income arises; however, the term ‘‘interest’’ does not include for the purpose of this Article penalty charges for late payment, interest referred to in paragraph 4 of Article 8 nor interest dealt with in paragraph 3 of Article 10. 5. The provisions of paragraphs 1, 2 and 3 shall not apply if the beneficial owner of the interest, being a resident of a Contracting State, carries on business in the other Contracting State in which the interest arises, through a permanent establishment situated therein, or performs in that other State independent personal services from a fixed base situated therein, and the debt-claim in respect of which the interest is paid is effectively connected with such permanent establishment or fixed base. In such case the provisions of Article 7 or Article 14, as the case may be, shall apply. 6. Interest shall be deemed to arise in a Contracting State when the payer is a resident of that State. Where, however, the person paying the interest, whether the person is a resident of a Contracting State or not, has in a Contracting State a permanent establishment or a fixed base in connection with which the indebtedness on which the interest is paid was incurred, and such interest is borne by such permanent establishment or fixed base, then such interest shall be deemed to arise in the State in which the permanent establishment or fixed base is situated. 7. Where, by reason of a special relationship between the payer and the beneficial owner or between both of them and some other person, the amount of the interest, having regard to the debt-claim for which it is paid, exceeds the amount which would ��� Tax Conventions Implement C. 24 have been agreed upon by the payer and the beneficial owner in the absence of such relationship, the provisions of this Article shall apply only to the last-mentioned amount. In such case, the excess part of the payments shall remain taxable in the Contracting State in which the interest arises according to the laws of that State. ARTICLE 12 Royalties 1. Royalties arising in a Contracting State and paid to a resident of the other Contracting State may be taxed in that other State. 2. However, such royalties may also be taxed in the Contracting State in which they arise, and according to the laws of that State, but if the beneficial owner of the royalties is a resident of the other Contracting State, the tax so charged shall not exceed 10 per cent of the gross amount of the royalties. 3. Notwithstanding the provisions of paragraph 2, (a) copyright royalties and other like payments in respect of the production or reproduction of any literary, dramatic, musical or other artistic work (but not including royalties in respect of motion picture films nor royalties in respect of works on film or videotape or other means of reproduction for use in connection with television broadcasting); and (b) royalties for the use of, or the right to use, computer software or any patent or for information concerning industrial, commercial or scientific experience (but not including any such information provided in connection with a rental or franchise agreement), arising in a Contracting State and paid to a resident of the other Contracting State who is the beneficial owner thereof shall be taxable only in that other State. 4. The term ‘‘royalties’’ as used in this Article means payments of any kind received as a consideration for the use of, or the right to use, any copyright of literary, artistic or scientific work including payments of any kind in respect of motion picture films and works on film, videotape or other means of reproduction for use in connection with television, any patent, trade mark, design or model, plan, secret formula or process or other intangible property, or for the use of, or the right to use, industrial, commercial or scientific equipment, or for information concerning industrial, commercial or scientific experience. Conventions fiscales 5. The provisions of paragraphs 1, 2 and 3 shall not apply if the beneficial owner of the royalties, being a resident of a Contracting State, carries on business in the other Contracting State in which the royalties arise through a permanent establishment situated therein, or performs in that other State independent personal services from a fixed base situated therein, and the right or property in respect of which the royalties are paid is effectively connected with such permanent establishment or fixed base. In such case the provisions of Article 7 or Article 14, as the case may be, shall apply. 6. Royalties shall be deemed to arise in a Contracting State when the payer is a resident of that State. Where, however, the person paying the royalties, whether the person is a resident of a Contracting State or not, has in a Contracting State a permanent establishment or a fixed base in connection with which the obligation to pay the royalties was incurred, and such royalties are borne by such permanent establishment or fixed base, then such royalties shall be deemed to arise in the State in which the permanent establishment or fixed base is situated. 7. Where, by reason of a special relationship between the payer and the beneficial owner or between both of them and some other person, the amount of the royalties, having regard to the use, right or information for which they are paid, exceeds the amount which would have been agreed upon by the payer and the beneficial owner in the absence of such relationship, the provisions of this Article shall apply only to the last-mentioned amount. In such case, the excess part of the payments shall remain taxable in the Contracting State in which the royalties arise, according to the laws of that State. ARTICLE 13 Capital Gains 1. Gains derived by a resident of a Contracting State from the alienation of immovable property referred to in Article 6 and situated in the other Contracting State may be taxed in that other State. 2. Gains from the alienation of movable property forming part of the business property of a permanent establishment which an enterprise of a Contracting State has in the other Contracting State or of movable property pertaining to a fixed base available to a resident of a Contracting State in the other Contracting State for the purpose of performing independent personal services, including such gains from the alienation of such a permanent establishment (alone or with the whole enterprise) or of such fixed base, may be taxed in that other State. 3. Gains derived by an enterprise of a Contracting State from the alienation of ships or aircraft operated in international traffic or movable property pertaining to the operation of such ships or aircraft, shall be taxable only in that State. ��� C. 24 Tax Conventions Implement 4. Gains derived by a resident of a Contracting State from the alienation of: (a) shares (other than shares listed on an approved stock exchange in the other Contracting State) forming part of a substantial interest in the capital stock of a company which is a resident of either Contracting State, the value of which shares is derived principally from immovable property situated in the other State; or (b) a substantial interest in a partnership, trust or estate, established under the law in either Contracting State, the value of which is derived principally from immovable property situated in the other State, may be taxed in that other State. For the purposes of this paragraph, the term ‘‘immovable property’’ includes the shares of a company referred to in subparagraph (a) or an interest in a partnership, trust or estate referred to in subparagraph (b) but does not include any property, other than rental property, in which the business of the company, partnership, trust or estate is carried on. 5. Gains from the alienation of any property other than that referred to in paragraphs 1, 2, 3 and 4, shall be taxable only in the Contracting State of which the alienator is a resident. 6. Where an individual who ceases to be a resident of a Contracting State, and immediately thereafter becomes a resident of the other Contracting State, is treated for the purposes of taxation in the first-mentioned State as having alienated a property and is taxed in that State by reason thereof, the individual may elect to be treated for purposes of taxation in the other State as if the individual had, immediately before becoming a resident of that State, sold and repurchased the property for an amount equal to its fair market value at that time. However, this provision shall not apply to property, which would give rise, if it were alienated immediately before the individual became a resident of that other State, to a gain, which may be taxed in that other State nor to immovable property situated in a third State. ARTICLE 14 Independent Personal Services 1. Income derived by an individual who is a resident of a Contracting State in respect of professional services or other activities of an independent character shall be taxable only in that State unless the individual has a fixed base regularly available in the other Contracting State for the purpose of performing the activities. If the individual has or had such a fixed base, the income may be taxed in the other State but only so much of it as is attributable to that fixed base. Conventions fiscales 2. The term ‘‘professional services’’ includes especially independent scientific, literary, artistic, educational or teaching activities as well as the independent activities of physicians, lawyers, engineers, architects, dentists and accountants. ARTICLE 15 Dependent Personal Services 1. Subject to the provisions of Articles 16, 18 and 19, salaries, wages and other remuneration derived by a resident of a Contracting State in respect of an employment shall be taxable only in that State unless the employment is exercised in the other Contracting State. If the employment is so exercised, such remuneration as is derived therefrom may be taxed in that other State. 2. Notwithstanding the provisions of paragraph 1, remuneration derived by a resident of a Contracting State in respect of an employment exercised in the other Contracting State shall be taxable only in the first-mentioned State if: (a) the recipient is present in the other State for a period or periods not exceeding in the aggregate 183 days in any twelve month period commencing or ending in the fiscal year concerned; and (b) the remuneration is paid by, or on behalf of, an employer who is not a resident of the other State; and (c) the remuneration is not borne by a permanent establishment or a fixed base which the employer has in the other State. 3. Notwithstanding the preceding provisions of this Article, remuneration derived in respect of an employment exercised aboard a ship or aircraft operated in international traffic by an enterprise of a Contracting State may be taxed in that State. ARTICLE 16 Company Managers 1. Director’s fees and similar payments derived by a resident of a Contracting State in that resident’s capacity as a member of the board of directors or a similar organ of a company which is a resident of the other Contracting State, may be taxed in that other State. This provision shall also apply to payments derived in respect of the discharge of functions which, under the laws of the Contracting State of which the company is a resident, are regarded as functions of a similar nature as those exercised by a member of a board of directors or a similar organ of a company. ��� Tax Conventions Implement C. 24 2. Remuneration derived by a person referred to in paragraph 1 from a company which is a resident of a Contracting State in respect of the discharge of day-to-day functions of a managerial or technical nature may be taxed in accordance with the provisions of Article 15 as if such remuneration were remuneration derived by an employee in respect of an employment and as if references to the ‘‘employer’’ were references to the company. ARTICLE 17 Artistes and Sports Persons 1. Notwithstanding the provisions of Articles 14 and 15, income derived by a resident of a Contracting State as an entertainer, such as a theatre, motion picture, radio or television artiste, a musician, or as a sports person, from that resident’s personal activities as such exercised in the other Contracting State, may be taxed in that other State. 2. Where income in respect of personal activities exercised by an entertainer or a sports person in that individual’s capacity as such accrues not to that entertainer or sports person personally but to another person, that income may, notwithstanding the provisions of Articles 7, 14 and 15, be taxed in the Contracting State in which the activities of the entertainer or sports person are exercised. 3. The provisions of paragraph 2 shall not apply if the entertainer or the sports person establishes that neither the individual nor any person associated with the individual participates directly or indirectly in the profits of the person referred to in that paragraph. ARTICLE 18 Pensions 1. Periodic or non-periodic pensions and other similar allowances arising in a Contracting State and paid in consideration of past employment to a resident of the other Contracting State may be taxed in the Contracting State in which they arise. This provision shall also apply to pensions and allowances paid under a public scheme organised by a Contracting State in order to supplement the benefits of its social security legislation. 2. Notwithstanding the provisions of paragraph 1, payments under the social security legislation in a Contracting State and war veterans pensions paid by a Contracting State to a resident of the other Contracting State shall be taxable only in the first-mentioned State. 3. Any alimony or other maintenance payment arising in a Contracting State and paid to a resident of the other Contracting State who is subject to tax therein in respect thereof, shall be taxable only in that other State. Conventions fiscales ARTICLE 19 Government Service 1. (a) Salaries, wages and other similar remuneration, other than a pension, paid by a Contracting State or a political subdivision or a local authority thereof to an individual in respect of services rendered to that State or subdivision or authority shall be taxable only in that State. (b) However, such salaries, wages and other similar remuneration shall be taxable only in the other Contracting State if the services are rendered in that State and the recipient is a resident of that State who: (i) is a national of that State; or (ii) did not become a resident of that State solely for the purpose of performing the services. 2. The provisions of paragraph 1 shall not apply to salaries, wages and other similar remuneration in respect of services rendered in connection with a business carried on by a Contracting State or a political subdivision or a local authority thereof. ARTICLE 20 Students Payments which a student or business apprentice who is or was immediately before visiting a Contracting State a resident of the other Contracting State and who is present in the first-mentioned State solely for the purpose of that individual’s education or training receives for the purpose of that individual’s maintenance, education or training shall not be taxed in that State, provided that such payments arise from sources outside that State. ARTICLE 21 Other Income 1. Subject to the provisions of paragraph 2, items of income of a resident of a Contracting State, wherever arising, not dealt with in the foregoing Articles of this Convention shall be taxable only in that State. 2. However, if such income is derived by a resident of a Contracting State from sources in the other Contracting State, such income may also be taxed in the State in which it arises, and according to the law of that State. Where such income is income from an estate or a trust, other than a trust to which contributions were deductible, the tax so charged shall, provided that the income is taxable in the Contracting State in which the beneficial owner is a resident, not exceed 15 per cent of the gross amount of the income. ��� Tax Conventions Implement C. 24 IV. TAXATION OF CAPITAL ARTICLE 22 Capital 1. Capital represented by immovable property referred to in Article 6, owned by a resident of a Contracting State and situated in the other Contracting State, may be taxed in that other State. 2. Capital represented by movable property forming part of the business property of a permanent establishment which an enterprise of a Contracting State has in the other Contracting State or by movable property pertaining to a fixed base available to a resident of a Contracting State in the other Contracting State for the purpose of performing independent personal services, may be taxed in that other State. 3. Capital represented by ships and aircraft operated by an enterprise of a Contracting State in international traffic, or represented by movable property pertaining to the operation of such ships and aircraft, shall be taxable only in that State. 4. All other elements of capital of a resident of a Contracting State shall be taxable only in that State. V. METHODS FOR PREVENTION OF DOUBLE TAXATION ARTICLE 23 Elimination of Double Taxation 1. In the case of Belgium, double taxation shall be avoided as follows: (a) When a resident of Belgium derives income or owns elements of capital which are taxed in Canada in accordance with the provisions of this Convention, other than those of paragraph 2 of Article 10, of paragraphs 2 and 7 of Article 11, of paragraphs 2 and 7 of Article 12 and of the second sentence of paragraph 2 of Article 21, Belgium shall exempt such income or such elements of capital from tax but may, in calculating the amount of tax on the remaining income or capital of that resident, apply the rate of tax which would have been applicable if such income or elements of capital had not been exempted. (b) Subject to the provisions of Belgian law regarding the deduction from Belgian tax of taxes paid abroad, where a resident of Belgium derives items of his aggregate income for Belgian tax purposes which are dividends taxable in accordance with paragraph 2 of Article 10 and not exempt from Belgian tax according to subparagraph (c) hereinafter, interest taxable in accordance with paragraph 2 or 7 of Article 11, royalties taxable in accordance with paragraph 2 or 7 of Conventions fiscales Article 12, the Canadian tax levied on that income shall be allowed as a credit against Belgian tax relating to such income. (c) Dividends derived by a company which is a resident of Belgium from a company which is a resident of Canada and which may be taxed in Canada in accordance with paragraph 2 of Article 10, shall be exempt from the corporate income tax in Belgium under the conditions and within the limits provided for in Belgian law. (d) When, in accordance with Belgian law, losses incurred by an enterprise carried on by a resident of Belgium in a permanent establishment situated in Canada, have been effectively deducted from the profits of that enterprise for its taxation in Belgium, the exemption provided for in subparagraph (a) shall not apply in Belgium to the profits of other taxable periods attributable to that establishment to the extent that those profits have also been exempted from tax in Canada by reason of compensation for the said losses. (e) When a resident of Belgium derives income to which the provisions of the second sentence of paragraph 2 of Article 21 apply and which has been taxed in Canada, the amount of Belgian tax proportionately attributable to such income shall not exceed the amount which would be charged according to Belgian law if such income were taxed as earned income derived from sources outside Belgium and subject to foreign tax. 2. In the case of Canada, double taxation shall be avoided as follows: (a) Subject to the existing provisions of the law of Canada regarding the deduction from tax payable in Canada of tax paid in a territory outside Canada and to any subsequent modification of those provisions (which shall not affect the general principle hereof) and unless a greater deduction or relief is provided for under the laws of Canada, tax payable in Belgium on profits, income or gains arising in Belgium shall be deducted from any Canadian tax payable in respect of such profits, income or gains. (b) Subject to the existing provisions of the law of Canada regarding the taxation of income from a foreign affiliate and to any subsequent modification of those provisions for the purposes of computing Canadian tax, a company which is a resident of Canada shall be allowed to deduct in computing its taxable income any dividend received by it out of the exempt surplus of a foreign affiliate which is a resident of Belgium. (c) Where in accordance with any provision of the Convention income derived or capital owned by a resident of Canada is exempt from tax in Canada, Canada may nevertheless, in calculating the amount of tax on other income or capital, take into account the exempted income or capital. (d) For the purposes of this paragraph, profits, income or gains of a resident of Canada, which may be taxed in Belgium in accordance with the Convention shall be deemed to arise in Belgium. ��� C. 24 Tax Conventions Implement VI. SPECIAL PROVISIONS ARTICLE 24 Non-discrimination 1. Nationals of a Contracting State shall not be subjected in the other Contracting State to any taxation or any requirement connected therewith which is other or more burdensome than the taxation and connected requirements to which nationals of that other State in the same circumstances, in particular with respect to residence, are or may be subjected. This provision shall, notwithstanding the provisions of Article 1, also apply to individuals who are not residents of one or both of the Contracting States. 2. The taxation on a permanent establishment, which an enterprise of a Contracting State has in the other Contracting State shall not be less favourably levied in that other State than the taxation levied on enterprises of that other State carrying on the same activities. This provision shall not be construed as obliging a Contracting State to grant to residents of the other Contracting State any personal allowances, reliefs and reductions for taxation purposes on account of civil status or family responsibilities which it grants to its own residents. 3. Except where the provisions of paragraph 1 of Article 9 or of paragraph 7 of Article 12, apply, royalties paid by an enterprise of a Contracting State to a resident of the other Contracting State shall, for the purpose of determining the taxable profits of such enterprise, be deductible under the same conditions as if they had been paid to a resident of the first-mentioned State. 4. In this Article, the term ‘‘taxation’’ means the taxes which are the subject of this Convention. ARTICLE 25 Mutual Agreement Procedure 1. Where a person considers that the actions of one or both of the Contracting States result or will result for that person in taxation not in accordance with the provisions of this Convention, that person may, irrespective of the remedies provided by the domestic law of those States, present the case in writing to the competent authority of the Contracting State of which that person is a resident, or if the case comes under paragraph 1 of Article 24, to that of the Contracting State of which that person is a national. To be admissible, the said case must be presented within two years from the first notification of the action resulting in taxation not in accordance with the provisions of the Convention. Conventions fiscales 2. The competent authority referred to in paragraph 1 shall endeavour, if the objection appears to it to be justified and if it is not itself able to arrive at a satisfactory solution, to resolve the case by mutual agreement with the competent authority of the other Contracting State, with a view to the avoidance of taxation which is not in accordance with the Convention. 3. The competent authorities of the Contracting States shall endeavour to resolve by mutual agreement any difficulties or doubts arising as to the interpretation or application of the Convention. 4. The competent authorities of the Contracting States shall agree on administrative measures necessary to carry out the provisions of the Convention and particularly on the proofs to be furnished by residents of either Contracting State in order to benefit in the other State from the exemptions or reductions in tax provided for in the Convention. 5. The competent authorities of the Contracting States may communicate directly with each other for the application of the Convention. 6. For purposes of paragraph 3 of Article XXII (Consultation) of the General Agreement on Trade in Services, the Contracting States agree that, notwithstanding that paragraph, any dispute between them as to whether a measure falls within the scope of this Convention may be brought before the Council for Trade in Services, as provided by that paragraph, only with the consent of both Contracting States. Any doubt as to the interpretation of this paragraph shall be resolved under paragraph 3 of this Article or, failing agreement under that procedure, pursuant to any other procedure agreed to by both Contracting States. ARTICLE 26 Exchange of Information 1. The competent authorities of the Contracting States shall exchange such information as is relevant for carrying out the provisions of this Convention or of the domestic laws of the Contracting States concerning all taxes imposed on behalf of the Contracting States insofar as the taxation thereunder is not contrary to the Convention. The exchange of information is not restricted by Articles 1 and 2. Any information received by a Contracting State shall be treated as secret in the same manner as information obtained under the domestic laws of that State and shall be disclosed only to persons or authorities (including courts and administrative bodies) involved in the assessment or collection of, the enforcement in respect of, or the determination of appeals in relation to taxes. Such persons or authorities shall use the information only for such purposes. They may disclose the information in public court proceedings or in judicial decisions. ��� C. 24 Tax Conventions Implement 2. In no case shall the provisions of paragraph 1 be construed so as to impose on a Contracting State the obligation: (a) to carry out administrative measures at variance with the laws and administrative practice of that or of the other Contracting State; (b) to supply information which is not obtainable under the laws or in the normal course of the administration of that or of the other Contracting State; (c) to supply information which would disclose any trade, business, industrial, commercial or professional secret or trade process, or information, the disclosure of which would be contrary to public policy (ordre public). ARTICLE 27 Miscellaneous Provisions 1. Nothing in this Convention shall affect the fiscal privileges of members of a diplomatic mission or consular post under the general rules of international law or under the provisions of special agreements. 2. The provisions of the Convention shall not be construed to restrict in any manner any exemption, allowance, credit or other deduction now or hereafter accorded by the laws of a Contracting State in the determination of the tax imposed by that State. 3. Nothing in the Convention shall be construed as preventing Canada from imposing a tax on amounts included in the income of a resident of Canada with respect to a trust in which that resident has an interest or with respect to a controlled foreign affiliate, in accordance with section 91 of the Income Tax Act of Canada as it may be amended without changing the general principle hereof. 4. The Convention shall not apply to non-resident-owned investment corporations as defined under section 133 of the Income Tax Act of Canada, or under any similar provision enacted by Canada after the signature of the Convention, or to any income derived from such companies by any shareholders thereof. 5. The exemption provided under subparagraph (b) of paragraph 3 of Article 12 shall not apply where the enterprise benefiting from the royalties has, in a State which is not a Contracting State, a permanent establishment to which the royalties are attributable and where the royalties are subject, in the State of residence of the enterprise and in the State where the permanent establishment is situated, to a tax the total of which is less than 60 per cent of the tax that would be imposed in the State of residence of the enterprise if the royalties were attributable to Conventions fiscales the enterprise and not to the permanent establishment. The provisions of this paragraph shall not apply: (a) if the royalties are derived in connection with or incidental to the active conduct of a trade or business carried on in the State which is not a Contracting State; or (b) when Belgium is the State of residence of the enterprise, to royalties taxed by Canada according to section 91 of the Income Tax Act, as it may be amended without changing the general principle hereof. 6. Notwithstanding the provisions of paragraphs 2 and 3 of Article 11 and of paragraphs 2 and 3 of Article 12, interest and royalties (other than royalties to which paragraph 5 applies) arising in a Contracting State and paid to a resident of the other Contracting State may be taxed in the first-mentioned State at a rate not exceeding 15 per cent of the gross amount of the interest and 10 per cent of the gross amount of the royalties, where: (a) such interest or royalties are received by a company and one or more persons not resident in that other Contracting State hold directly or indirectly, through one or more companies or otherwise, at least 50 per cent of the capital of such company and, directly or indirectly, exercise the management of, or control such company; and (b) such interest or royalties are not subject to tax in the other State under the ordinary rules of its tax law. VII. FINAL PROVISIONS ARTICLE 28 Entry Into Force 1. This Convention shall be ratified and the instruments of ratification shall be exchanged at Brussels as soon as possible. 2. The Convention shall enter into force on the fifteenth day after the date of the exchange of the instruments of ratification and its provisions shall have effect: (a) in Belgium: (i) with respect to taxes due at source on income credited or payable on or after January 1 of the year in which the instruments of ratification have been exchanged; (ii) with respect to other taxes for taxable periods ending on or after December 31 of the year in which the instruments of ratification have been exchanged; (b) in Canada: (i) with respect to taxes withheld at the source on amounts paid or credited to non-residents on or after January 1 of the ��� C. 24 Tax Conventions Implement year in which the instruments of ratification have been exchanged; (ii) with respect to other taxes for taxation years beginning on or after January 1 of the year in which the instruments of ratification have been exchanged. 3. The provisions of the Convention between Canada and Belgium for the avoidance of double taxation and the settlement of other matters with respect to taxes on income signed at Ottawa, on May 29, 1975, shall cease to be effective in relation to any Canadian or Belgian tax for which this Convention has effect in accordance with paragraph 2. ARTICLE 29 Termination This Convention shall remain in force until terminated by a Contracting State but either Contracting State may terminate the Convention, through diplomatic channels, by giving to the other Contracting State, written notice of termination not later than June 30 of any calendar year from the fifth year following that in which the instruments of ratification have been exchanged. In the event of termination before July 1 of such year, the Convention shall cease to have effect: (a) in Belgium: (i) with respect to taxes due at source on income credited or payable after December 31 of the year in which the notice of termination is given; (ii) with respect to other taxes for taxable periods ending on or after December 31 of the year next following the year in which the notice of termination is given; (b) in Canada: (i) with respect to taxes withheld at the source on amounts paid or credited to non-residents after December 31 of the year in which the notice of termination is given; (ii) with respect to other taxes for taxation years beginning on or after January 1 of the year next following the year in which the notice of termination is given. IN WITNESS WHEREOF the undersigned, being duly authorized thereto by their respective Governments, have signed this Convention. Conventions fiscales DONE in duplicate at Ottawa, this 23rd day of May, 2002, in the English, French and Dutch languages, the three texts being equally authentic. FOR THE GOVERNMENT OF CANADA: FOR THE GOVERNMENT OF THE KINGDOM OF BELGIUM: Pierre S. Pettigrew Luc Carbonez PROTOCOL At the moment of signing the Convention between Canada and Belgium for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income and on capital, the undersigned have agreed that the following provisions shall form an integral part of the Convention. 1. With reference to paragraph 1 of Article 4. It is understood that: (a) for purposes of the application of the Convention to: (i) income taxes, the term ‘‘liable to tax’’ refers to liability to taxes on income and not to taxes on capital; (ii) capital taxes, the term ‘‘liable to tax’’ refers to liability to taxes on capital and not to taxes on income; (b) the term ‘‘resident of a Contracting State’’ also includes: (i) a company or other organization constituted and operated exclusively to administer or provide benefits under one or more funds or plans established to provide pension, retirement or other employee benefits that is generally exempt from tax in a Contracting State and that is a resident of that State according to the laws of that State; (ii) a company or other organization that is operated exclusively for religious, charitable, scientific, educational, or public purposes and that is generally exempt from tax in a Contracting State and that is a resident of that State according to the laws of that State. 2. With reference to paragraph 6 of Article 10. The provisions of this paragraph shall also apply with respect to earnings derived from the alienation of immovable property in Canada by a company carrying on a trade in immovable property, whether or not it has a permanent establishment in Canada, but only insofar as these earnings may be taxed in Canada under the provisions of Article 6 or paragraph 1 of Article 13. ��� C. 24 Tax Conventions Implement 3. With reference to subparagraph (a) of paragraph 3 of Article 11. It is understood that the exemption provided for under that subparagraph shall not apply to interest paid with respect to indebtedness that was created or acquired essentially with a view to take advantage of that provision and not for bona fide commercial purposes. 4. With reference to paragraph 4 of Article 12. It is understood that payments constituting consideration for technical assistance or technical services shall not be considered to be payments for information concerning industrial, commercial or scientific experience, but shall be taxable in accordance with the provisions of Article 7 or Article 14, as the case may be. 5. With reference to paragraph 2 of Article 16. The provisions of this paragraph shall also apply, in the case of Belgium, to remuneration received by a resident of Canada in respect of that resident’s personal activity as a partner of a company, other than a company with share capital, which is a resident of Belgium. 6. With reference to paragraph 6 of Article 27. The provisions of paragraph 6 of Article 27 shall not apply if, (a) the participation in the capital of the company receiving the interest or the royalties was made for bona fide commercial or financial reasons, and (b) at the end of the taxation year or the taxable period concerned, the paid-up capital and the taxed retained earnings of the company receiving the interest or the royalties do not exceed 33 per cent of its debt. IN WITNESS WHEREOF the undersigned, being duly authorized thereto by their respective Governments, have signed this Protocol. DONE in duplicate at Ottawa, this 23rd day of May, 2002, in the English, French and Dutch languages, the three texts being equally authentic. FOR THE GOVERNMENT OF CANADA: FOR THE GOVERNMENT OF THE KINGDOM OF BELGIUM: Pierre S. Pettigrew Luc Carbonez Conventions fiscales SCHEDULE 7 (Section 9) SCHEDULE III (Section 8) CONVENTION BETWEEN THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF THE ITALIAN REPUBLIC FOR THE AVOIDANCE OF DOUBLE TAXATION WITH RESPECT TO TAXES ON INCOME AND THE PREVENTION OF FISCAL EVASION The Government of Canada and the Government of the Italian Republic, desiring to conclude a Convention for the avoidance of double taxation with respect to taxes on income and the prevention of fiscal evasion, have agreed as follows: ARTICLE 1 Persons Covered This Convention shall apply to persons who are residents of one or both of the Contracting States. ARTICLE 2 Taxes Covered 1. This Convention shall apply to taxes on income imposed on behalf of each Contracting State, irrespective of the manner in which they are levied. 2. There shall be regarded as taxes on income all taxes imposed on total income, or on elements of income, including taxes on gains from the alienation of movable or immovable property, taxes on the total amounts of wages or salaries paid by enterprises, as well as taxes on capital appreciation. 3. The existing taxes to which the Convention shall apply are, in particular, (a) in the case of Canada: the taxes on income imposed by the Government of Canada under the Income Tax Act, (hereinafter referred to as ‘‘Canadian tax’’); (b) in the case of Italy: (i) the individual income tax (imposta sul reddito delle persone fisiche); (ii) the corporate income tax (imposta sul reddito delle persone giuridiche); (iii) the regional tax on productive activities (imposta regionale sulle attività produttive); even when deducted at source; (hereinafter referred to as ‘‘Italian tax’’). 4. The Convention shall apply also to any identical or substantially similar taxes which are imposed after the date of signature of this Convention in addition to, or in place of, the existing taxes. The competent authorities of the Contracting States shall notify each other of any significant changes which have been made in their respective taxation laws. ��� Tax Conventions Implement C. 24 5. The Convention shall not apply to taxes (even when deducted at source) payable on lottery winnings, on premiums other than those on securities, and on winnings from games of chance or skill, competitions and betting. ARTICLE 3 General Definitions 1. For the purposes of this Convention, unless the context otherwise requires, (a) the terms ‘‘a Contracting State’’ and ‘‘the other Contracting State’’ mean, as the context requires, Canada or Italy; (b) the term ‘‘Canada’’, used in a geographical sense, means the territory of Canada, including (i) any area beyond the territorial sea of Canada which, in accordance with international law and the laws of Canada, is an area within which Canada may exercise rights with respect to the seabed and subsoil and their natural resources, and (ii) the sea and airspace above every area referred to in clause (i) in respect of any activity carried on in connection with the exploration for or the exploitation of the natural resources referred to therein; (c) the term ‘‘Italy’’ means the Italian Republic and includes any area beyond the territorial waters of Italy which is designated as an area within which Italy, in compliance with its legislation and in conformity with the International Law, exercises sovereign rights in respect of the exploration and exploitation of the natural resources of the seabed, the subsoil and the superjacent waters; (d) the term ‘‘person’’ includes an individual, a company and any other body of persons; (e) the term ‘‘company’’ means any body corporate or any entity which is treated as a body corporate for tax purposes; (f) the terms ‘‘enterprise of a Contracting State’’ and ‘‘enterprise of the other Contracting State’’ mean respectively an enterprise carried on by a resident of a Contracting State and an enterprise carried on by a resident of the other Contracting State; (g) the term ‘‘competent authority’’ means (i) in the case of Canada, the Minister of National Revenue or the Minister’s authorized representative, and (ii) in the case of Italy, the Ministry of Finance; Conventions fiscales (h) the term ‘‘national’’ means (i) any individual possessing the nationality of a Contracting State, and (ii) any legal person, partnership and association deriving its status as such from the laws in force in a Contracting State; (i) the term ‘‘international traffic’’ means any voyage of a ship or aircraft operated by an enterprise that has its place of effective management in a Contracting State to transport passengers or property except where the principal purpose of the voyage is to transport passengers or property between places within the other Contracting State. 2. As regards the application of the Convention at any time by a Contracting State, any term not defined therein shall, unless the context otherwise requires, have the meaning which it has at that time under the law of that State for the purposes of the taxes to which the Convention applies. ARTICLE 4 Resident 1. For the purposes of this Convention, the term ‘‘resident of a Contracting State’’ means any person who, under the laws of that State, is liable to taxation therein by reason of the person’s domicile, residence, place of management or any other criterion of a similar nature but does not include any person who is liable to tax in that State in respect only of income from sources in that State. 2. Where by reason of the provisions of paragraph 1 an individual is a resident of both Contracting States, then the individual’s status shall be determined as follows: (a) the individual shall be deemed to be a resident only of the State in which the individual has a permanent home available and if the individual has a permanent home available in both States, the individual shall be deemed to be a resident only of the State with which the individual’s personal and economic relations are closer (centre of vital interests); (b) if the State in which the individual’s centre of vital interests cannot be determined, or if there is not a permanent home available to the individual in either State, the individual shall be deemed to be a resident only of the State in which the individual has an habitual abode; (c) if the individual has an habitual abode in both States or in neither of them, the individual shall be deemed to be a resident only of the State of which the individual is a national; (d) if the individual is a national of both States or of neither of them, the competent authorities of the Contracting States shall settle the question by mutual agreement. ��� Tax Conventions Implement C. 24 3. Where by reason of the provisions of paragraph 1 a person other than an individual is a resident of both Contracting States, the competent authorities of the Contracting States shall endeavour to settle the question by mutual agreement having regard in particular to its place of effective management, the place where it is incorporated or otherwise constituted and any other relevant factors. In the absence of such agreement, such person shall not be entitled to claim any relief or exemption from tax provided by the Convention. ARTICLE 5 Permanent Establishment 1. For the purposes of this Convention, the term ‘‘permanent establishment’’ means a fixed place of business through which the business of an enterprise is wholly or partly carried on. 2. The term ‘‘permanent establishment’’ shall include especially (a) a place of management; (b) a branch; (c) an office; (d) a factory; (e) a workshop; (f) a mine, an oil or gas well, a quarry or any other place of exploration for or exploitation of natural resources; (g) a building site or construction or installation project only if it lasts for more than 12 months. 3. Notwithstanding the preceding provisions of this Article, the term ‘‘permanent establishment’’ shall be deemed not to include (a) the use of facilities solely for the purpose of storage, display or delivery of goods or merchandise belonging to the enterprise; (b) the maintenance of a stock of goods or merchandise belonging to the enterprise solely for the purpose of storage, display or delivery; (c) the maintenance of a stock of goods or merchandise belonging to the enterprise solely for the purpose of processing by another enterprise; (d) the maintenance of a fixed place of business solely for the purpose of purchasing goods or merchandise, or for collecting information, for the enterprise; (e) the maintenance of a fixed place of business solely for the purpose of advertising, for the supply of information, for scientific research, or for similar activities which have a preparatory or auxiliary character, for the enterprise. Conventions fiscales 4. A person acting in a Contracting State on behalf of an enterprise of the other Contracting State — other than an agent of an independent status to whom paragraph 5 applies — shall be deemed to be a permanent establishment in the first-mentioned State if the person has, and habitually exercises in that State, an authority to conclude contracts in the name of the enterprise, unless the activities of such person are limited to the purchase of goods or merchandise for the enterprise. 5. An enterprise shall not be deemed to have a permanent establishment in a Contracting State merely because it carries on business in that State through a broker, general commission agent or any other agent of an independent status, provided that such persons are acting in the ordinary course of their business. 6. The fact that a company which is a resident of a Contracting State controls or is controlled by a company which is a resident of the other Contracting State, or which carries on business in that other State (whether through a permanent establishment or otherwise), shall not of itself constitute either company a permanent establishment of the other. ARTICLE 6 Income from Immovable Property 1. Income derived by a resident of a Contracting State from immovable property (including income from agriculture or forestry) situated in the other Contracting State may be taxed in that other State. 2. The term ‘‘immovable property’’ shall have the meaning which it has for the purposes of the relevant tax law of the Contracting State in which the property in question is situated. The term shall in any case include property accessory to immovable property, livestock and equipment used in agriculture and forestry as well as rights to which the provisions of general law respecting landed property apply. Usufruct of immovable property and rights to variable or fixed payments as consideration for the working of, or the right to work, mineral deposits, sources and other natural resources shall also be deemed to be ‘‘immovable property’’. Ships and aircraft shall not be regarded as immovable property. 3. The provisions of paragraph 1 shall apply to income derived from the direct use, letting, or use in any other form of immovable property. 4. The provisions of paragraphs 1 and 3 shall also apply to the income from immovable property of an enterprise and to income from immovable property used for the performance of independent personal services. ��� Tax Conventions Implement C. 24 ARTICLE 7 Business Profits 1. The profits of an enterprise of a Contracting State shall be taxable only in that State unless the enterprise carries on business in the other Contracting State through a permanent establishment situated therein. If the enterprise carries on business as aforesaid, the profits of the enterprise may be taxed in the other State but only so much of them as is attributable to that permanent establishment. 2. Subject to the provisions of paragraph 3, where an enterprise of a Contracting State carries on business in the other Contracting State through a permanent establishment situated therein, there shall in each Contracting State be attributed to that permanent establishment the profits which it might be expected to make if it were a distinct and separate enterprise engaged in the same or similar activities under the same or similar conditions and dealing wholly independently with the enterprise of which it is a permanent establishment. 3. In the determination of the profits of a permanent establishment, there shall be allowed as deductions expenses which are incurred for the purposes of the permanent establishment including executive and general administrative expenses, whether incurred in the State in which the permanent establishment is situated or elsewhere. 4. Insofar as it has been customary in a Contracting State to determine the profits to be attributed to a permanent establishment on the basis of an apportionment of the total profits of the enterprise to its various parts, nothing in paragraph 2 shall preclude that Contracting State from determining the profits to be taxed by such an apportionment as may be customary; the method of apportionment adopted shall, however, be such that the result shall be in accordance with the principles contained in this Article. 5. No profits shall be attributed to a permanent establishment by reason of the mere purchase by that permanent establishment of goods or merchandise for the enterprise. 6. For the purposes of the preceding paragraphs, the profits to be attributed to the permanent establishment shall be determined by the same method year by year unless there is good and sufficient reason to the contrary. 7. Where profits include items of income which are dealt with separately in other Articles of this Convention, then the provisions of those Articles shall not be affected by the provisions of this Article. ARTICLE 8 Shipping and Air Transport 1. Profits from the operation of ships or aircraft in international traffic shall be taxable only in the Contracting State in which the place of effective management of the enterprise is situated. Conventions fiscales 2. If the place of effective management of a shipping enterprise is aboard a ship, then it shall be deemed to be situated in the Contracting State in which the home harbour of the ship is situated, or, if there is no such home harbour, in the Contracting State of which the operator of the ship is a resident. 3. The provisions of paragraph 1 shall also apply to profits from the participation in a pool, a joint business or an international operating agency. ARTICLE 9 Associated Enterprises 1. Where (a) an enterprise of a Contracting State participates directly or indirectly in the management, control or capital of an enterprise of the other Contracting State, or (b) the same persons participate directly or indirectly in the management, control or capital of an enterprise of a Contracting State and an enterprise of the other Contracting State, and in either case conditions are made or imposed between the two enterprises in their commercial or financial relations which differ from those which would be made between independent enterprises, then any profits which would, but for those conditions, have accrued to one of the enterprises, but, by reason of those conditions, have not so accrued, may be included in the profits of that enterprise and taxed accordingly. 2. Where a Contracting State includes in the profits of an enterprise of that State — and taxes accordingly — profits on which an enterprise of the other Contracting State has been charged to tax in that other State and the profits so included are profits that would have accrued to the enterprise of the first-mentioned State if the conditions made between the two enterprises had been those that would have been made between independent enterprises, then that other State shall make an appropriate adjustment to the amount of tax charged therein on those profits. Any such adjustment shall be made only in accordance with the mutual agreement procedure in Article 24. 3. A Contracting State shall not change the profits of an enterprise in the circumstances referred to in paragraph 1 after the expiry of the time limits provided in its national laws and, in any case, after six years from the end of the year in which the profits that would be subject to such change would, but for the conditions referred to in paragraph 1, have accrued to that enterprise. 4. The provisions of paragraphs 2 and 3 shall not apply in the case of fraud or wilful offence. ��� Tax Conventions Implement C. 24 ARTICLE 10 Dividends 1. Dividends paid by a company that is a resident of a Contracting State to a resident of the other Contracting State may be taxed in that other State. 2. However, such dividends may also be taxed in the Contracting State of which the company paying the dividends is a resident and according to the laws of that State, but if the beneficial owner of the dividends is a resident of the other Contracting State, the tax so charged shall not exceed: (a) except in the case of dividends paid by a non-residentowned investment corporation that is a resident of Canada, 5 per cent of the gross amount of the dividends if the beneficial owner is a company that controls directly or indirectly at least 10 per cent of the voting power in the company paying the dividends; and (b) 15 per cent of the gross amount of the dividends, in all other cases. The competent authorities of the Contracting States shall by mutual agreement settle the mode of application of these limitations. The provisions of this paragraph shall not affect the taxation of the company in respect of the profits out of which the dividends are paid. 3. The term ‘‘dividends’’ as used in this Article means income from shares, ‘‘jouissance’’ shares or ‘‘jouissance’’ rights, mining shares, founders’ shares or other rights, not being debt-claims, participating in profits, as well as income from other rights which is subjected to the same taxation treatment as income from shares by the taxation laws of the State of which the company making the distribution is a resident. 4. The provisions of paragraphs 1 and 2 shall not apply if the beneficial owner of the dividends, being a resident of a Contracting State, carries on business in the other Contracting State of which the company paying the dividends is a resident, through a permanent establishment situated therein, or performs in that other State independent personal services from a fixed base situated therein, and the holding in respect of which the dividends are paid is effectively connected with such permanent establishment or fixed base. In such case the dividends may be taxed in that other Contracting State in accordance with its own internal laws. 5. Where a company that is a resident of a Contracting State, derives profits or income from the other Contracting State, that other State may not impose any tax on the dividends paid by the company, except insofar as such dividends are paid to a resident of that other State or insofar as the holding in respect of which the dividends are paid is effectively connected with a permanent establishment or a fixed base situated in that other State, nor subject the company’s undistributed profits to a tax on undistributed profits, even if the dividends paid or the undistributed profits consist wholly or partly of profits or income arising in such other State. Conventions fiscales 6. Nothing in this Convention shall be construed as preventing Canada from imposing on the earnings attributable to the alienation of immovable property situated in Canada by a company carrying on a trade in immovable property or on the earnings of a company attributable to a permanent establishment in Canada, a tax in addition to the tax that would be chargeable on the earnings of a company that is a national of Canada, except that any additional tax so imposed shall not exceed 5 per cent of the amount of such earnings that have not been subjected to such additional tax in previous taxation years. For the purpose of this provision, the term ‘‘earnings’’ means the earnings attributable to the alienation of such immovable property situated in Canada as may be taxed by Canada under the provisions of Article 6 or of paragraph 1 of Article 13, and the profits, including any gains, attributable to a permanent establishment in Canada in a year and previous years after deducting therefrom all taxes, other than the additional tax referred to herein, imposed on such profits in Canada. ARTICLE 11 Interest 1. Interest arising in a Contracting State and paid to a resident of the other Contracting State may be taxed in that other State. 2. However, such interest may also be taxed in the Contracting State in which it arises and according to the laws of that State, but if the beneficial owner of the interest is a resident of the other Contracting State, the tax so charged shall not exceed 10 per cent of the gross amount of the interest. The competent authorities of the Contracting States shall by mutual agreement settle the mode of application of this limitation. 3. Notwithstanding the provisions of paragraph 2, interest arising in a Contracting State shall be exempt from tax in that State if: (a) the interest is paid to a beneficial owner who is a resident of the other Contracting State and if the payer of the interest is the first-mentioned Contracting State or a political or administrative subdivision or local authority thereof; or (b) the interest is paid to the other Contracting State or a political or administrative subdivision or local authority thereof or to an institution or organization (including financial institutions) wholly owned by that Contracting State or subdivision or authority thereof; or (c) the interest is paid in respect of a loan made, guaranteed or insured, or a credit extended, guaranteed or insured by any institution specified and agreed in letters exchanged between the competent authorities of the Contracting States. ��� Tax Conventions Implement C. 24 4. The term ‘‘interest’’ as used in this Article means income from debt-claims of every kind, whether or not secured by mortgage, and in particular, income from government securities and income from bonds or debentures, including premiums and prizes attaching to such securities, bonds or debentures, as well as income which is subjected to the same taxation treatment as income from money lent by the laws of the State in which the income arises. However, the term ‘‘interest’’ does not include income dealt with in Article 10. 5. The provisions of paragraphs 1 and 2 shall not apply if the beneficial owner of the interest, being a resident of a Contracting State, carries on business in the other Contracting State in which the interest arises through a permanent establishment situated therein, or performs in that other State independent personal services from a fixed base situated therein, and the debt-claim in respect of which the interest is paid is effectively connected with such permanent establishment or fixed base. In such case the interest may be taxed in that other Contracting State in accordance with its own internal laws. 6. Interest shall be deemed to arise in a Contracting State when the payer is a resident of that State. Where, however, the person paying the interest, whether the payer is a resident of a Contracting State or not, has in a Contracting State a permanent establishment or a fixed base in connection with which the indebtedness on which the interest is paid was incurred, and such interest is borne by such permanent establishment or fixed base, then such interest shall be deemed to arise in the State in which the permanent establishment or fixed base is situated. 7. Where, by reason of a special relationship between the payer and the beneficial owner or between both of them and some other person, the amount of the interest, having regard to the debt-claim for which it is paid, exceeds the amount that would have been agreed upon by the payer and the beneficial owner in the absence of such relationship, the provisions of this Article shall apply only to the last-mentioned amount. In such case, the excess part of the payments shall remain taxable according to the laws of each Contracting State, due regard being had to the other provisions of this Convention. ARTICLE 12 Royalties 1. Royalties arising in a Contracting State and paid to a resident of the other Contracting State may be taxed in that other State. 2. However, such royalties may also be taxed in the Contracting State in which they arise and according to the laws of that State, but if the beneficial owner of the royalties is a resident of the other Contracting State the tax so charged shall not exceed: Conventions fiscales (a) 5 per cent of the gross amount of the royalties in respect of payments for the use of, or the right to use, computer software or any patent or for information concerning industrial, commercial or scientific experience (but not including any such royalties provided in connection with a rental or franchise agreement); (b) 10 per cent of the gross amount of the royalties in all other cases. The competent authorities of the Contracting States shall by mutual agreement settle the mode of application of these limitations. 3. Notwithstanding the provisions of paragraph 2, copyright royalties and other like payments in respect of the production or reproduction of any literary, dramatic, musical or other artistic work (but not including royalties in respect of computer software, royalties in respect of motion picture films nor royalties in respect of works on film or videotape or other means of reproduction for use in connection with television broadcasting) arising in a Contracting State and paid to a resident of the other Contracting State who is the beneficial owner thereof shall be taxable only in that other State. 4. The term ‘‘royalties’’ as used in this Article means payments of any kind received as a consideration for the use of, or the right to use, any copyright of literary, artistic or scientific work including computer software, motion picture films and royalties in respect of works on film or videotape or other means of reproduction for use in connection with television broadcasting, patent, trade mark, design or model, plan, secret formula or process or other intangible property, or for the use of, or the right to use, industrial, commercial or scientific equipment, or for information concerning industrial, commercial or scientific experience. 5. The provisions of paragraphs 1, 2 and 3 shall not apply if the beneficial owner of the royalties, being a resident of a Contracting State, carries on business in the other Contracting State in which the royalties arise through a permanent establishment situated therein, or performs in that other State independent personal services from a fixed base situated therein, and the right or property in respect of which the royalties are paid is effectively connected with such permanent establishment or fixed base. In such case the royalties may be taxed in that other Contracting State in accordance with its own internal laws. 6. Royalties shall be deemed to arise in a Contracting State when the payer is a resident of that State. Where, however, the person paying the royalties, whether the payer is a resident of a Contracting State or not, has in a Contracting State a permanent establishment or a fixed base in connection with which the obligation to pay the royalties was incurred, and such royalties are borne by that permanent establishment or fixed base, then such royalties shall be deemed to arise in the State in which the permanent establishment or fixed base is situated. ��� C. 24 Tax Conventions Implement 7. Where, by reason of a special relationship between the payer and the beneficial owner or between both of them and some other person, the amount of the royalties, having regard to the use, right or information for which they are paid, exceeds the amount that would have been agreed upon by the payer and the beneficial owner in the absence of such relationship, the provisions of this Article shall apply only to the last-mentioned amount. In such case, the excess part of the payments shall remain taxable according to the laws of each Contracting State, due regard being had to the other provisions of this Convention. ARTICLE 13 Capital Gains 1. Gains derived by a resident of a Contracting State from the alienation of immovable property referred to in paragraph 2 of Article 6 and situated in the other Contracting State may be taxed in that other State. 2. Gains from the alienation of movable property forming part of the business property of a permanent establishment that an enterprise of a Contracting State has in the other Contracting State or of movable property pertaining to a fixed base available to a resident of a Contracting State in the other Contracting State for the purpose of performing independent personal services, including such gains from the alienation of such a permanent establishment (alone or with the whole enterprise) or of such a fixed base may be taxed in that other State. 3. Gains from the alienation of ships or aircraft operated in international traffic or from movable property pertaining to the operation of such ships or aircraft shall be taxable only in the Contracting State in which the place of effective management of the enterprise is situated. 4. Gains derived by a resident of a Contracting State from the alienation of (a) shares (other than shares listed on an approved stock exchange in a Contracting State) forming part of a substantial interest in the capital stock of a company the value of which shares is derived principally from immovable property situated in the other State, or (b) a substantial interest in a partnership, trust or estate, the value of which is derived principally from immovable property situated in that other State, may be taxed in that other State. For the purposes of this paragraph, the term ‘‘immovable property’’ does not include any property, other than rental property, in which the business of the company, partnership, trust or estate is carried on. Conventions fiscales 5. Where a resident of a Contracting State alienates property in the course of a corporate or other organization, reorganization, amalgamation, division or similar transaction and profit, gain or income with respect to such alienation is not recognized for the purpose of taxation in that State, if requested to do so by the person who acquires the property, the competent authority of the other Contracting State may agree, subject to terms and conditions satisfactory to such competent authority, to defer the recognition of the profit, gain or income with respect to such property for the purpose of taxation in that other State until such time and in such manner as may be stipulated in the agreement between the competent authority and the person acquiring the property. The competent authority of a Contracting State that has entered into such an agreement shall inform the competent authority of the other Contracting State of the terms of such agreement. 6. Gains from the alienation of any property, other than that mentioned in paragraphs 1, 2, 3 and 4 shall be taxable only in the Contracting State of which the alienator is a resident. 7. Where an individual who is a resident of a Contracting State and immediately thereafter becomes a resident of the other Contracting State, is treated by the first-mentioned Contracting State as having alienated property, and is taxed by that State in respect of gains accrued from such property as of the date of change of residence, the individual may elect in the other Contracting State in the individual’s return of income for the year of alienation to be liable to tax as if the individual has sold and repurchased the property for an amount equal to its fair market value at the date of change of residence. ARTICLE 14 Independent Personal Services 1. Income derived by an individual who is a resident of a Contracting State in respect of professional services or other independent activities of a similar character shall be taxable only in that State unless the individual has a fixed base regularly available in the other Contracting State for the purpose of performing the activities. If the individual has or had such a fixed base the income may be taxed in the other State but only so much of it as is attributable to that fixed base. 2. The term ‘‘professional services’’ includes especially independent scientific, literary, artistic, educational or teaching activities as well as the independent activities of physicians, lawyers, engineers, architects, dentists and accountants. ��� C. 24 Tax Conventions Implement ARTICLE 15 Dependent Personal Services 1. Subject to the provisions of Articles 16, 17 and 19, salaries, wages and other remuneration derived by a resident of a Contracting State in respect of an employment shall be taxable only in that State unless the employment is exercised in the other Contracting State. If the employment is so exercised, such remuneration as is derived therefrom may be taxed in that other State. 2. Notwithstanding the provisions of paragraph 1, remuneration derived by a resident of a Contracting State in respect of an employment exercised in the other Contracting State shall be taxable only in the first-mentioned State if (a) the recipient is present in the other State for a period or periods not exceeding in the aggregate 183 days in any twelve-month period commencing or ending in the calendar year concerned, and (b) the remuneration is paid by, or on behalf of, a person who is not a resident of the other State, and (c) the remuneration is not borne by a permanent establishment or a fixed base which the person has in the other State. 3. Notwithstanding the preceding provisions of this Article, remuneration derived in respect of an employment exercised aboard a ship or aircraft operated in international traffic by an enterprise of a Contracting State shall be taxable only in the State in which the place of effective management of the enterprise is situated unless the remuneration is derived by a resident of the other Contracting State. ARTICLE 16 Directors’ Fees Directors’ fees and other similar payments derived by a resident of a Contracting State in that resident’s capacity as a member of the board of directors of a company which is a resident of the other Contracting State may be taxed in that other State. ARTICLE 17 Artistes and Sportspersons 1. Notwithstanding the provisions of Articles 14 and 15, income derived by a resident of a Contracting State as an entertainer, such as a theatre, motion picture, radio or television artiste, or a musician, or as a sportsperson, from that resident’s personal activities as such exercised in the other Contracting State, may be taxed in that other State. Conventions fiscales 2. Where income in respect of personal activities exercised by an entertainer or a sportsperson in that individual’s capacity as such accrues not to the entertainer or sportsperson personally but to another person, that income may, notwithstanding the provisions of Articles 7, 14 and 15, be taxed in the Contracting State in which the activities of the entertainer or sportsperson are exercised. 3. The provisions of paragraph 2 shall not apply if it is established that neither the entertainer or the sportsperson nor persons related thereto, participate directly or indirectly in the profits of the person referred to in that paragraph. ARTICLE 18 Pensions 1. Pensions arising in a Contracting State and paid to a resident of the other Contracting State may be taxed in that other State. 2. However, such pensions may also be taxed in the Contracting State in which they arise and according to the laws of that State but, in the case of periodic pension payments, the tax so charged shall not exceed the lesser of (a) 15 per cent of the gross amount of such periodic pension payments paid to the recipient in the calendar year concerned that exceeds twelve thousand Canadian dollars or its equivalent in Italian currency, and (b) the rate determined by reference to the amount of tax that the recipient of the payment would otherwise be required to pay for the year on the total amount of the periodic pension payments received by the resident in the year, if the recipient were resident in the Contracting State in which the payment arises. 3. Notwithstanding any provision of this Convention: (a) pensions paid by, or out of funds created by, the Italian State or a political or administrative subdivision or a local authority thereof to an individual in respect of services rendered to that State or subdivision or authority shall be taxable only in Italy; (b) benefits under the social security legislation in a Contracting State paid in a calendar year to an individual who is a resident of the other Contracting State shall be taxable only in the State in which they arise and according to the laws of that State but the tax so charged shall not exceed the amount that the recipient would otherwise be required to pay in that year if the recipient were a resident of that first-mentioned State; (c) non-periodic pension payments, severance or similar lump-sum payments, and payments made as a consequence of the termination of any office or employment arising in a Contracting State and paid to a resident of the other Contracting State may be taxed in the State in which they arise and according to the laws of that State; ��� Tax Conventions Implement C. 24 (d) war veterans pensions and allowances arising in a Contracting State and received by a resident of the other Contracting State shall not be taxable in that other State as long as they would not be taxable if received by a resident of the Contracting State in which they arise. 4. For the purposes of paragraphs 1 and 2, where an individual who is a resident of a Contracting State in a particular taxable period first receives a payment under a pension fund in the other Contracting State that can reasonably be attributed to a pension to which the individual was entitled for any period preceding that particular period, the individual may in each Contracting State elect to treat for the purposes of taxation in each such State such portion as the individual may elect of the payment relating to all preceding periods as having been paid to and received by the individual on the last day of the taxable period immediately preceding the particular period and not to have been so paid to and received by the individual in that particular period. ARTICLE 19 Government Service 1. (a) Salaries, wages and other similar remuneration, other than a pension, paid by a Contracting State or a political or administrative subdivision or a local authority thereof to an individual in respect of services rendered to that State or subdivision or authority shall be taxable only in that State. (b) However, such salaries, wages and other similar remuneration shall be taxable only in the other Contracting State if the services are rendered in that State and the individual is a resident of that State who (i) is a national of that State; or (ii) did not become a resident of that State solely for the purpose of rendering the services. 2. Notwithstanding the provisions of subparagraph (b) of paragraph 1, salaries, wages and other similar remuneration referred to therein paid by a Contracting State or a political or administrative subdivision or a local authority thereof to an individual who is a national of the other Contracting State being also a national of the first-mentioned State, or is a national of the first-mentioned State, shall be taxable only in that first-mentioned State if such salaries, wages and other similar remuneration are taxed under the ordinary rules of taxation of such income in that first-mentioned State. 3. The provisions of Articles 15, 16, 17 and 18 shall apply to salaries, wages and other similar remuneration in respect of services rendered in connection with a business carried on by a Contracting State or a political or administrative subdivision or a local authority thereof. Conventions fiscales ARTICLE 20 Students Payments which a student or business apprentice who is or was immediately before visiting a Contracting State, a resident of the other Contracting State and who is present in the first-mentioned State solely for the purpose of that individual’s education or professional training receives for the purpose of that individual’s maintenance, education or professional training shall not be taxed in that State, if such payments arise from sources outside that State. ARTICLE 21 Other Income 1. Items of income of a resident of a Contracting State, wherever arising, not dealt with in the foregoing Articles of this Convention shall be taxable only in that State. 2. The provisions of paragraph 1 shall not apply to income other than income from immovable property as defined in paragraph 2 of Article 6, if the recipient of such income, being a resident of a Contracting State, carries on business in the other Contracting State through a permanent establishment situated therein, or performs in that other State independent personal services from a fixed base situated therein, and the right or property, in respect of which the income is paid is effectively connected with such permanent establishment or fixed base. In such case, the income may be taxed in that other Contracting State in accordance with its own internal laws. 3. Notwithstanding the provisions of paragraph 1, if such income is derived by a resident of a Contracting State from sources in the other Contracting State, such income may also be taxed in the State in which it arises and according to the law of that State. Where such income is income from an estate or a trust, other than a trust to which contributions were deductible, the tax so charged shall, if the income is taxable in the Contracting State in which the beneficial owner is a resident, not exceed 15 per cent of the gross amount of the income. ARTICLE 22 Elimination of Double Taxation 1. In the case of Canada, double taxation shall be avoided as follows: (a) subject to the existing provisions of the law of Canada regarding the deduction from tax payable in Canada of tax paid in a territory outside Canada and to any subsequent modification of those provisions which shall not affect the general principle hereof and unless a greater deduction or relief is provided under the laws of Canada, tax payable in Italy on profits, income or gains arising in Italy shall be deducted from any Canadian tax payable in respect of such profits, income or gains; (b) where, in accordance with any provision of the Convention, income derived by a resident of Canada is exempt from tax in Canada, Canada may nevertheless, in calculating the amount of tax on other income, take into account the exempted income. ��� C. 24 Tax Conventions Implement 2. In the case of Italy, double taxation shall be avoided as follows: Where a resident of Italy derives items of income which may be taxed in Canada, Italy may, in computing its own income taxes referred to in Article 2 of this Convention, include such items of income in the tax base unless otherwise expressly provided by this Convention. In such case, Italy shall allow as a deduction from the tax so computed the income taxes paid in Canada but the deduction shall not exceed the proportion Italian tax attributable to such items of income that such items bear to the entire income. No deduction will, however, be allowed in cases where, at the request of the recipient and in accordance with Italian laws, the item of income is subjected to tax in Italy by way of a final withholding. 3. For the purposes of this Article, profits, income or gains of a resident of a Contracting State which may be taxed in the other Contracting Sate in accordance with this Convention shall be deemed to arise from sources in that other State. ARTICLE 23 Non-discrimination 1. Nationals of a Contracting State shall not be subjected in the other Contracting State to any taxation or any requirement connected therewith which is other or more burdensome than the taxation and connected requirements to which nationals of that other State in the same circumstances are or may be subjected. In particular, the nationals of a Contracting State who are subject to tax in the other Contracting State shall be granted the same exemptions, basic abatements, deductions and reductions for taxation purposes on account of family responsibilities which are granted to nationals of the other Contracting State in the same circumstances. 2. The taxation on a permanent establishment that an enterprise of a Contracting State has in the other Contracting State shall not be less favourably levied in that other State than the taxation levied on enterprises of that other State carrying on the same activities. This provision shall not be construed as obliging a Contracting State to grant to residents of the other Contracting State any personal allowances, reliefs and reductions for taxation purposes on account of civil status or family responsibilities which it grants to its own residents. Conventions fiscales 3. Enterprises of a Contracting State, the capital of which is wholly or partly owned or controlled, directly or indirectly, by one or more residents of the other Contracting State, shall not be subjected in the first-mentioned State to any taxation or any requirement connected therewith which is other or more burdensome that the taxation and connected requirements to which other similar enterprises of the first-mentioned State, the capital of which is wholly or partly owned or controlled, directly or indirectly, by one or more residents of a third State, are or may be subjected. 4. In this Article, the term ‘‘taxation’’ means taxes which are the subject of this Convention. ARTICLE 24 Mutual Agreement Procedure 1. Where a person considers that the actions of one or both of the Contracting States result or will result for that person in taxation not in accordance with the provisions of this Convention, that person may, irrespective of the remedies provided by the domestic laws of those States, present that person’s case to the competent authority of the Contracting State of which that person is a resident or, if that person’s case comes under paragraph 1 of Article 23, to that of the Contracting State of which that person is a national. The case must be presented within two years from the first notification of the action resulting in taxation not in accordance with the Convention. 2. That competent authority shall endeavour, if the objection appears to it to be justified and if it is not itself able to arrive at an appropriate solution, to resolve the case by mutual agreement with the competent authority of the other Contracting State, with a view to the avoidance of taxation not in accordance with the Convention. 3. The competent authorities of the Contracting States shall endeavour to resolve by mutual agreement any difficulties or doubts arising as to the interpretation or application of the Convention. They may also consult together for the elimination of double taxation in cases not provided for in the Convention. 4. The competent authorities of the Contracting States may communicate with each other directly for the purpose of reaching an agreement in the sense of the preceding paragraphs. When it seems advisable in order to reach agreement to have an oral exchange of opinions, such exchange may take place through a Commission consisting of representatives of the competent authorities of the Contracting States. 5. If any difficulty or doubt arising as to the interpretation or application of the Convention cannot be resolved by the competent authorities pursuant to the preceding paragraphs of this Article, the case may be submitted for arbitration if both competent authorities and the taxpayer agree and the taxpayer agrees in writing to be bound by the decision of the arbitration board. The decision of the arbitration board in a particular case shall be binding on both States with respect to that case. The procedure shall be established in an exchange of notes between the Contracting States. ��� C. 24 Tax Conventions Implement ARTICLE 25 Exchange of Information 1. The competent authorities of the Contracting States shall exchange such information as is necessary for carrying out the provisions of this Convention or of the domestic laws of the Contracting States concerning taxes covered by this Convention insofar as the taxation thereunder is not contrary to this Convention and for the prevention of fiscal evasion. The exchange of information is not restricted by Article 1. Any information received by a Contracting State shall be treated as secret in the same manner as information obtained under the domestic laws of that State and shall be disclosed only to persons or authorities (including courts and administrative bodies) involved in the assessment or collection of, the enforcement in respect of, or the determination of appeals in relation to, the taxes covered by the Convention. Such persons or authorities shall use the information only for such purposes. These persons or authorities may disclose the information in public court proceedings or in judicial decisions. 2. In no case shall the provisions of paragraph 1 be construed so as to impose on a Contracting State the obligation (a) to carry out administrative measures at variance with the laws or the administrative practice of that or of the other Contracting State; (b) to supply information that is not obtainable under the laws or in the normal course of the administration of that or of the other Contracting State; or (c) to supply information which would disclose any trade, business, industrial, commercial or professional secret or trade process, or information, the disclosure of which would be contrary to public policy (ordre public). ARTICLE 26 Diplomatic and Consular Officials Nothing in this Convention shall affect the fiscal privileges of diplomatic or consular officials under the general rules of international law or under the provisions of special agreements. ARTICLE 27 Request for Refunds 1. Taxes withheld at source in Italy shall, at the request of the taxpayer, be refunded to the extent that the right to levy the taxes is limited by the provisions of this Convention. Such request shall be submitted within the time limits provided for by the Italian laws and must contain an official certificate issued by the competent authority of Canada stating that the conditions for claiming the exemptions or reductions provided for in this Convention have been fulfilled. Conventions fiscales 2. The competent authorities of the Contracting States may, by mutual agreement and in accordance with the provisions of Article 24, agree on other procedures for the application of the limitations provided for by this Convention. ARTICLE 28 Entry Into Force 1. This Convention shall be ratified and the instruments of ratification shall be exchanged as soon as possible. 2. The Convention shall enter into force upon the exchange of instruments of ratification and its provisions shall have effect: (a) in Canada (i) in respect of tax withheld at the source on amounts paid or credited to non-residents, on or after the first day of January in the calendar year in which the exchange of instruments of ratification takes place; and (ii) in respect of other Canadian tax, for taxation years beginning on or after the first day of January in the calendar year in which the exchange of instruments of ratification takes place; (b) in Italy in respect of income derived during the taxable periods beginning on or after the first day of January in the calendar year in which the exchange of instruments of ratification takes place. 3. Notwithstanding the provisions of paragraph 2, the provisions of paragraph 2 of Article 19 shall have effect on or after the first day of January of the year that is three years before the year of the exchange of the instruments of ratification. 4. The provisions of the Convention between Canada and Italy for the avoidance of double taxation with respect to taxes on income and for the prevention of fiscal evasion signed at Toronto on November 17, 1977, and as amended by the Protocol signed at Ottawa on March 20, 1989, shall cease to have effect with respect to taxes to which this Convention applies in accordance with the provisions of paragraph 2. 5. Notwithstanding the provisions of paragraph 4, where any greater relief from tax would have been afforded by the provisions of the 1977 Convention, as amended by the 1989 Protocol, any such provision as aforesaid shall continue to have effect: (a) in Canada (i) in respect of tax withheld at the source on amounts paid or credited to non-residents, on or before the last day of the calendar year next following that in which the Convention enters into force; and ��� C. 24 Tax Conventions Implement (ii) in respect of other Canadian tax, for taxation years ending on or before the last day of the calendar year next following that in which the Convention enters into force; (b) in Italy in respect of income derived during the taxable periods ending on or before the last day of the calendar year next following that in which the Convention enters into force. ARTICLE 29 Termination This Convention shall continue in effect indefinitely but either Contracting State may, on or before June 30 in any calendar year after the expiration of the fifth year from that of its ratification, give to the other Contracting State a notice of termination in writing and through diplomatic channels. In such event, the Convention shall cease to have effect: (a) in Canada (i) in respect of tax withheld at the source on amounts paid or credited to non-residents on or after the first day of January in the calendar year following that in which the notice is given; and (ii) in respect of other Canadian tax for taxation years beginning on or after the first day of January in the calendar year following that in which the notice is given (b) in Italy in respect of income derived during the taxable periods beginning on or after the first day of January in the calendar year following that in which the notice is given. IN WITNESS THEREOF the undersigned, being duly authorized by their respective Governments, have signed this Convention. DONE at Ottawa on the third day of June 2002, in two originals, each in the English, French and Italian languages, all texts being equally authentic. FOR THE GOVERNMENT OF CANADA: FOR THE GOVERNMENT OF THE ITALIAN REPUBLIC: Leonard J. Edwards Marco Colombo PROTOCOL OF UNDERSTANDING Protocol of understanding to the Convention between the Government of Canada and the Government of the Italian Republic for the avoidance of double taxation with respect to taxes on income and the prevention of fiscal evasion. At the moment of signing the Convention this day concluded between the Government of Canada and the Government of the Italian Republic for the avoidance of double taxation with respect to taxes on income and the prevention of fiscal evasion, the undersigned plenipotentiaries have agreed upon the following additional provisions which shall be an integral part of the Convention. Conventions fiscales It is understood that (a) With reference to subparagraph (d) of paragraph 1 of Article 3, the term ‘‘person’’ includes, in the case of Canada, a partnership, an estate and a trust. (b) With reference to Article 4, the term ‘‘resident of a Contracting State’’ also includes the Government of that State or a political or administrative subdivi-sion or local authority thereof or any agency or instrumentality of any such government, subdivision or authority. (c) With reference to paragraph 3 of Article 4, the compromise solution adopted reflects the common desire of both Contracting States to prevent fiscal evasion. (d) With reference to Articles 5 and 8, ferry-boats, deep-sea ferry boats or other vessels devoted principally to the transportation of passengers or goods exclusively between places in a Contracting State shall, when so operated, not be considered to be operated in international traffic; it is further agreed that the landing site or sites situated in the Contracting State and used regularly in such operation by such boats or vessels shall constitute a permanent establishment in that State of the enterprise operating such boats or vessels. (e) With reference to paragraph 1 of Article 7, where an enterprise of a Contracting State which has carried on business in the other Contracting State through a permanent establishment situated therein, receives, after it has ceased to carry on business as aforesaid, profits attributable to that permanent establishment, such profits may be taxed in that other State in accordance with the principles laid down in Article 7. (f) With reference to paragraph 3 of Article 7, the term ‘‘expenses which are incurred for the purposes of the permanent establishment’’ means those deductible expenses directly relating to the business of the permanent establishment. (g) For the purposes of Article 8, (a) the term ‘‘profits’’ includes (i) gross receipts and revenues derived directly from the operation of ships or aircraft in international traffic, and (ii) interest on sums generated directly from the operation of ships or aircraft in international traffic if that interest is incidental to the operation; and (b) the term ‘‘operation of ships or aircraft in international traffic’’ by an enterprise, includes (i) the charter or rental of ships or aircraft, (ii) the rental of containers and related equipment, and (iii) the alienation of ships, aircraft, containers and related equipment by that enterprise if that charter, rental or alienation is incidental to the operation by that enterprise of ships or aircraft in international traffic. (h) The provisions of paragraphs 1 and 2 of Article 13 shall also apply to profits from the alienation of property referred to therein. ��� C. 24 Tax Conventions Implement (i) With reference to Article 13, the inclusion of the provisions contained in paragraph 4 of the said Article arises from extensive possibilities of abuses in connection with investment in immovable property in a Contracting State by non-residents and takes into account the fact that one of the Contracting States has ascertain the existence of actual cases of fiscal evasion in this area. (j) For the purposes of subparagraph (b) of paragraph 3 of Article 18, the term ‘‘social security’’ means: (a) in the case of Canada, any pension or benefit paid under the Old Age Security Act of Canada; (b) in the case of Italy, payments received out of funds for which no direct contributions were made by the recipient and, in particular, to such portion of any pension or benefit paid under the social security laws of Italy as is certified by the competent authority of Italy as the amount necessary to increase such pension or benefit to the minimum amount for the category of pension payable to that individual under those laws. (k) The Convention shall not apply to international organizations, to organs or officials thereof and to persons who are members of a diplomatic mission, consular post or permanent mission of a third State or group of States, being present in a Contracting State and who are not liable in either Contracting State to the same obligations in relation to tax on their total income as are residents thereof. (l) Nothing in the Convention shall be construed to restrict in any manner any tax allowance now or hereafter accorded by the domestic law of a Contracting State or by any other agreement entered into by a Contracting State. (m) Nothing in the Convention shall be construed as preventing a Contracting State from imposing a tax on amounts included in the income of a resident of that State with respect to a partnership, trust or controlled foreign affiliate, in which that resident has an interest. (n) The Convention shall not apply to any company, trust or partnership that is a resident of a Contracting State and is beneficially owned or controlled, directly or indirectly, by one or more persons who are not residents of that State, if the amount of the tax imposed on the income of the company, trust or partnership by that State is substantially lower than the amount that would be imposed by that State if all of the shares of the capital stock of the company or all of the interests in the trust or partnership, as the case may be, were beneficially owned by one or more individuals who were residents of that State. (o) For the purposes of paragraph 3 of Article XXII (Consultation) of the General Agreement on Trade in Services, the Contracting States agree that, notwithstanding that paragraph, any dispute between them as to whether a measure falls within the scope of this Convention may be brought before the Council for Trade in Services, as provided by that paragraph, only with the consent of both Contracting States. Any doubt as to the interpretation of this paragraph shall be Conventions fiscales resolved under paragraph 3 of Article 24 of the Convention or, failing agreement under that procedure, pursuant to any other procedure agreed to by both Contracting States. (p) For the purposes of the Convention, where an individual who is a participant in a pension fund that is established and recognized under the legislation of a Contracting State performs personal services in the other Contracting State: (a) contributions paid by or on behalf of the individual to the fund during the period that the individual performs such services in the other State shall, during a period not exceeding in the aggregate 60 months, be deductible in computing the individual’s taxable income in that State. Any benefits accrued under the fund or payments made to the fund by or on behalf of the individual’s employer during that period shall not be treated as part of the employee’s taxable income and shall be allowed as a deduction in computing the profits of the individual’s employer in that other State. (b) The provisions of this paragraph shall apply only if: (i) contributions by or on behalf of the individual to the fund (or to another similar fund for which this fund was substituted) were made before the individual arrived in the other State; and (ii) the competent authority of the other State has agreed that the pension fund generally corresponds to a pension fund recognized for tax purposes by that State. The benefits granted under this paragraph shall not exceed the benefits that would be allowed by the other State to its residents for contributions to, or benefits otherwise accrued under a pension fund recognized for tax purposes by that State. IN WITNESS THEREOF the undersigned, being duly authorized by their respective Governments, have signed this Protocol of Understanding. DONE at Ottawa on the third day of June 2002, in two originals, each in the English, French and Italian languages, all texts being equally authentic. FOR THE GOVERNMENT OF CANADA: FOR THE GOVERNMENT OF THE ITALIAN REPUBLIC: Leonard J. Edwards Marco Colombo ��� C. 24 Tax Conventions Implement Published under authority of the Senate of Canada Available from: Communication Canada — Publishing, Ottawa, Canada K1A 0S9 ��������� ����� ������������� ����������������� ���������� ����������� ������� ������� ��� ���

First Session, Thirty-seventh Parliament, 49-50-51 Elizabeth II, 2001-2002 STATUTES OF CANADA 2002 CHAPTER 18 An Act respecting the national marine conservation areas of Canada BILL C-10 ASSENTED TO 13th JUNE, 2002 RECOMMENDATION Her Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled ‘‘An Act respecting the national marine conservation areas of Canada’’. SUMMARY This enactment provides authority for the establishment of national marine conservation areas, with the objective of protecting and conserving a variety of aquatic environments. The addition of each new marine conservation area will be subject to parliamentary approval. The enactment confers a range of regulatory powers for the protection of living and non-living marine resources and their management and use in a sustainable manner. ��� ������������� ������������ ��� ��������� �� ��� ������������� �������� ������������� �� ��� ��������� �������� ��������������������� TABLE OF PROVISIONS AN ACT RESPECTING THE NATIONAL MARINE CONSERVATION AREAS OF CANADA SHORT TITLE 1. Short title INTERPRETATION 2. Definitions 3. Binding on Her Majesty HER MAJESTY MARINE CONSERVATION AREAS 4. Purpose 5. Establishment or enlargement 6. Establishment or enlargement of reserves 7. Amendment to be tabled in Parliament ADMINISTRATION 8. Management by Minister 9. Management plans 10. Consultation 11. Area advisory committees PROHIBITIONS 12. No disposition or use without authority 13. Exploration and exploitation 14. Disposal of substances 15. Permits and authorizations 16. Regulations 17. Exemption of ship and air movements and activities REGULATIONS ENFORCEMENT 18. Designation of marine conservation area wardens 19. Designation of enforcement officers 20. Certificate of designation and oath 21. Arrest by warden or officer 22. Search and seizure 23. Custody of things seized �� OFFENCES AND PUNISHMENT 24. Contravention of Act or regulations 25. Forfeiture of things seized 26. Disposition by Minister 27. Orders of court 28. Limitation or prescription 29. Pollution clean-up MITIGATION OF ENVIRONMENTAL DAMAGE CONSEQUENTIAL AMENDMENTS 30-31.4 Canada National Parks Act 32. Department of Canadian Heritage Act 33-41. Parks Canada Agency Act SCHEDULE 1 MARINE CONSERVATION AREAS SCHEDULE 2 RESERVES 49-50-51 ELIZABETH II CHAPTER 18 An Act respecting the national marine conservation areas of Canada [Assented to 13th June, 2002] Preamble Whereas the protection of natural, self-regulating marine ecosystems is important for the maintenance of biological diversity; Whereas the Government of Canada is committed to adopting the precautionary principle in the conservation and management of the marine environment so that, where there are threats of environmental damage, lack of scientific certainty is not used as a reason for postponing preventive measures; And whereas Parliament wishes to affirm the need to establish a system of marine conservation areas that are representative of the Atlantic, Arctic and Pacific Oceans and the Great Lakes and are of sufficient extent and such configuration as to maintain healthy marine ecosystems, ensure that Canada contributes to international efforts for the establishment of a worldwide network of representative marine protected areas, consider implications for ecosystems in the planning and management of marine conservation areas so established, provide opportunities for the people of Canada and of the world to appreciate and enjoy Canada’s natural and cultural marine heritage, recognize that the marine environment is fundamental to the social, cultural and economic well-being of people living in coastal communities, provide opportunities, through the zoning of marine conservation areas, for the ecologically sustainable use of marine resources for the lasting benefit of coastal communities, � C. 18 Canada National Marin promote an understanding of the marine environment and provide opportunities for research and monitoring, consider traditional ecological knowledge in the planning and management of marine conservation areas, and involve federal and provincial ministers and agencies, affected coastal communities, aboriginal organizations, aboriginal governments, bodies established under land claims agreements and other appropriate persons and bodies in the effort to establish and maintain the representative system of marine conservation areas; NOW, THEREFORE, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: SHORT TITLE Short title 1. This Act may be cited as the Canada National Marine Conservation Areas Act. INTERPRETATION Definitions 2. (1) The definitions in this subsection apply in this Act. ‘‘disposal’’ « immersion » ‘‘disposal’’ has the same meaning as in section 122 of the Canadian Environmental Protection Act, 1999, read without reference to the sea. ‘‘ecosystem’’ means a dynamic complex of animal, plant and microorganism communities and their non-living environment interacting as a functional unit. ‘‘ecosystem’’ « écosystème » ‘‘enforcement officer’’ « agent de l’autorité » ‘‘enforcement officer’’ means a person designated under section 19 or belonging to a class of persons so designated. ‘‘fishing’’ « pêche » ‘‘fishing’’ has the meaning given to that expression in the Fisheries Act. 2001-2002 Aires marines nationales de ‘‘marine conservation area’’ « aire marine de conservation » ‘‘marine conservation area’’ means a national marine conservation area of Canada named and described in Schedule 1. ‘‘marine conservation area warden’’ « garde d’aire marine de conservation » ‘‘marine conservation area warden’’ means a person designated under section 18. ‘‘Minister’’ « ministre » ‘‘Minister’’ means the Minister of Canadian Heritage. ‘‘public lands’’ « terres domaniales » ‘‘public lands’’ means lands, including submerged lands, that belong to Her Majesty in right of Canada or that the Government of Canada has the power to dispose of, whether or not subject to the terms of any agreement between the Government of Canada and the government of a province. ‘‘reserve’’ « réserve » ‘‘reserve’’ means a national marine conservation area reserve of Canada named and described in Schedule 2. ‘‘superintendent’’ « directeur » ‘‘superintendent’’ means a person appointed under the Parks Canada Agency Act who holds the office of superintendent of a marine conservation area, and includes any other person appointed under that Act who is authorized by that person to act on that person’s behalf. ‘‘waste or other matter’’ « déchets ou autres matières » ‘‘waste or other matter’’ means waste or other matter listed in Schedule 5 to the Canadian Environmental Protection Act, 1999. Aboriginal rights (2) For greater certainty, nothing in this Act shall be construed so as to abrogate or derogate from the protection provided for existing aboriginal or treaty rights of the aboriginal peoples of Canada by the recognition and affirmation of those rights in section 35 of the Constitution Act, 1982. � C. 18 Canada National Marin Exclusive economic zone (3) The establishment of a marine conservation area within the exclusive economic zone of Canada does not constitute a claim to any rights, jurisdiction or duties beyond those set out in section 14 of the Oceans Act. Application of Act to reserves (4) This Act applies to a reserve as if it were a marine conservation area. HER MAJESTY Binding on Her Majesty 3. This Act is binding on Her Majesty in right of Canada or of a province. MARINE CONSERVATION AREAS Purpose 4. (1) Marine conservation areas are established in accordance with this Act for the purpose of protecting and conserving representative marine areas for the benefit, education and enjoyment of the people of Canada and the world. Purpose of reserves (2) Reserves are established in accordance with this Act for the purpose referred to in subsection (1) where an area or a portion of an area proposed for a marine conservation area is subject to a claim in respect of aboriginal rights that has been accepted for negotiation by the Government of Canada. Management and use (3) Marine conservation areas shall be managed and used in a sustainable manner that meets the needs of present and future generations without compromising the structure and function of the ecosystems, including the submerged lands and water column, with which they are associated. Zones (4) Each marine conservation area shall be divided into zones, which must include at least one zone that fosters and encourages ecologically sustainable use of marine resources and at least one zone that fully protects special features or sensitive elements of ecosystems, and may include other types of zones. Establishment or enlargement 5. (1) Subject to section 7, for the purpose of establishing or enlarging a marine conservation area, consisting of submerged lands and waters within the internal waters, territorial sea or exclusive economic zone of Canada and any coastal lands or islands within 2001-2002 Aires marines nationales de Canada, the Governor in Council may, by order, amend Schedule 1 by adding the name and a description of the area or by altering the description of the area. Title to lands (2) An amendment to Schedule 1 under this section or subsection 6(2) may be made only if (a) the Governor in Council is satisfied that Her Majesty in right of Canada has clear title to or an unencumbered right of ownership in the lands to be included in the marine conservation area, other than such lands situated within the exclusive economic zone of Canada; (b) in a case where Her Majesty in right of a province had the administration and control of any of the lands to be included in the marine conservation area, the government of the province agreed to the use of those lands as a marine conservation area and transferred their administration and control to Her Majesty in right of Canada for that purpose; and (c) the requirements of any applicable land claim agreement respecting the establishment of the marine conservation area have been fulfilled. Judicial finding as to title (3) If a court of competent jurisdiction finds that Her Majesty in right of Canada does not have clear title to or an unencumbered right of ownership in lands within a marine conservation area, the Governor in Council may, by order, amend Schedule 1 by removing the name and description of the area or by altering the description of the area. No reduction of area (4) Except as provided by subsection (3), no amendment may be made by the Governor in Council to Schedule 1 for the purpose of removing any portion of a marine conservation area. Establishment or enlargement of reserves 6. (1) Subject to section 7, for the purpose of establishing or enlarging a reserve, consisting of submerged lands and waters within the internal waters or territorial sea of Canada and any coastal lands or islands within Canada, the Governor in Council may, by order, amend Schedule 2 by adding the name and a descrip� C. 18 Canada National Marin tion of the reserve or by altering the description of the reserve. Reserve becoming marine conservation area (2) Where a claim described in subsection 4(2) is settled, the Governor in Council may, by order, (a) amend Schedule 2 by removing the name and description of the reserve or by altering the description of the reserve; and (b) if the settlement provides that the reserve or part of it is to become a marine conservation area or part of one, amend Schedule 1 by adding the name and a description of the area or by altering the description of the area. Judicial finding as to title (3) If a court of competent jurisdiction finds that Her Majesty in right of Canada does not have clear title to or an unencumbered right of ownership in lands within a reserve, the Governor in Council may, by order, amend Schedule 2 by removing the name and description of the reserve or by altering the description of the reserve. No reduction of area (4) Except as provided by subsections (2) and (3), no amendment may be made by the Governor in Council to Schedule 2 for the purpose of removing any portion of a reserve. Amendment to be tabled in Parliament 7. (1) Before an amendment is made to Schedule 1 or 2 for a purpose referred to in subsection 5(1) or 6(1), respectively, the proposed amendment shall be laid before each House of Parliament together with a report on the proposed marine conservation area or reserve, which report shall include (a) information on consultations undertaken, including a list of the names of organizations and persons consulted, the dates of the consultation and a summary of their comments, (b) any agreements reached respecting the establishment of the area or reserve, (c) the results of any assessments of mineral and energy resources undertaken, and (d) an interim management plan that sets out management objectives and a zoning plan, 2001-2002 Disapproval by committee Amendment allowed Aires marines nationales de and an amendment so laid stands referred to the standing committee of each House that normally considers matters relating to marine conservation areas or to such other committee as that House may designate for the purposes of this section. (2) The committee of each House may, within 30 sitting days after the amendment is tabled, report to the House that it disapproves the amendment, in which case a motion to concur in the report shall be put to the House in accordance with its procedures. (3) A proposed amendment to Schedule 1 or 2 may be made if 31 sitting days have elapsed after the tabling of the amendment in both Houses and no motion referred to in subsection (2) has been proposed in either House. Amendment not allowed (4) A proposed amendment to Schedule 1 or 2 may not be made if either House passes a motion referred to in subsection (2). Management by Minister 8. (1) The Minister is responsible for the administration, management and control of marine conservation areas in relation to matters not assigned by law to any other Minister of the Crown. (2) The Minister has the administration of public lands in marine conservation areas. ADMINISTRATION Administration of lands Facilities and research Agreements (3) The Minister may maintain and operate facilities and carry out operations and activities to achieve the purposes of this Act, and may conduct scientific research and monitoring and carry out studies based on traditional ecological knowledge, including traditional aboriginal ecological knowledge, in relation to marine conservation areas. (4) The Minister may enter into agreements with other federal and provincial ministers and agencies, local and aboriginal governments, bodies established under land claims agreements and other persons and organizations for carrying out the purposes of this Act. � C. 18 Canada National Marin Management plans 9. (1) The Minister shall, within five years after a marine conservation area is established, in consultation with relevant federal and provincial ministers and agencies, with affected coastal communities, aboriginal organizations, aboriginal governments and bodies established under land claims agreements, and with other persons and bodies that the Minister considers appropriate, prepare a management plan for the marine conservation area that includes a long-term ecological vision for the marine conservation area and provision for ecosystem protection, human use, zoning, public awareness and performance evaluation, which shall be tabled in each House of Parliament. Review of management plans by Minister (2) The Minister shall review the management plan of a marine conservation area at least every five years, and any amendments to the plan shall be tabled with the plan in each House of Parliament. Primary considerations (3) In order to protect marine ecosystems and maintain marine biodiversity, the primary considerations in the development and modification of management plans and interim management plans shall be principles of ecosystem management and the precautionary principle. Minister of Fisheries and Oceans (4) Provisions of a management plan or interim management plan respecting fishing, aquaculture, fisheries management, marine navigation and marine safety are subject to agreement between the Minister and the Minister of Fisheries and Oceans. Land claims agreements (5) If a marine conservation area includes an area that is the subject of a land claims agreement, the management plan or interim management plan for the marine conservation area and any amendments to it shall be prepared in a manner consistent with any applicable provisions of the agreement. Consultation 10. (1) The Minister shall consult with relevant federal and provincial ministers and agencies, with affected coastal communities, aboriginal organizations, aboriginal governments and bodies established under land claims agreements, and with other persons and bodies that the Minister considers ap2001-2002 Aires marines nationales de propriate in the development of marine conservation area policy and regulations, the establishment of any proposed marine conservation area and the modification of any marine conservation area, and any other matters that the Minister considers appropriate. Progress reports (2) At least every two years, the Minister shall cause to be tabled in each House of Parliament a report on the state of marine conservation areas and on progress towards completion of a representative system of marine conservation areas. Area advisory committees 11. (1) The Minister shall, for each marine conservation area, establish a management advisory committee to advise the Minister on the formulation, review and implementation of the management plan for the area. Other advisory committees (2) The Minister may establish other advisory committees to review and evaluate any aspect of marine conservation area policy or administration. Composition (3) The Minister shall consult with relevant federal and provincial ministers and agencies, with affected coastal communities, aboriginal organizations, aboriginal governments and bodies established under land claims agreements, and with other persons and bodies that the Minister considers appropriate with respect to the composition of advisory committees. PROHIBITIONS No disposition or use without authority 12. Except as permitted by this Act or the regulations, (a) no interest in public lands in a marine conservation area may be disposed of; and (b) no person shall use or occupy public lands in a marine conservation area. Exploration and exploitation 13. No person shall explore for or exploit hydrocarbons, minerals, aggregates or any other inorganic matter within a marine conservation area. �� Disposal of substances Permits under CEPA, 1999 C. 18 Canada National Marin 14. (1) No person shall dispose of any substance in waters within a marine conservation area except as authorized by a permit issued by a superintendent pursuant to this Act or, in the case of waters to which subsection 125(1) of the Canadian Environmental Protection Act, 1999 applies, authorized by section 130 of that Act or by a permit issued by the Minister of the Environment pursuant to section 127 or 128 of that Act. (2) No permit may be issued under section 127 or 128 of the Canadian Environmental Protection Act, 1999 for disposal in the waters of a marine conservation area except with the concurrence of the Minister. Permits and authorizations 15. (1) To the extent authorized by the regulations, the superintendent of a marine conservation area may issue, amend, suspend and revoke permits and other authorizing instruments for activities that are consistent with the management plan or interim management plan in the marine conservation area. Fishing licences (2) A fishing licence issued under the Fisheries Act is deemed to be a permit issued under this Act to carry out the activities permitted by the licence, subject to regulations made under subsection 16(1) on the recommendation of the Minister and the Minister of Fisheries and Oceans. Superintendent may not amend (3) For greater certainty, the superintendent of a marine conservation area may not amend, suspend or revoke a fishing licence issued under the Fisheries Act. REGULATIONS Regulations 16. (1) The Governor in Council may make regulations, consistent with international law, for the control and management of any or all marine conservation areas, including regulations (a) for the protection of ecosystems and the elements of ecosystems; (b) for the protection of cultural, historical and archaeological resources; 2001-2002 Aires marines nationales de (c) for the management and control of renewable resource harvesting activities; (d) respecting the delimitation of zones within marine conservation areas; (e) restricting or prohibiting activities or regulating the use of facilities in marine conservation areas or in any zones; (f) respecting the issuance, amendment, suspension and revocation of permits and other authorizing instruments pursuant to section 15, including the number of persons who may hold any class of permits or other instruments and the authority of superintendents to impose conditions on holders of permits or other instruments; (g) respecting the determination of fees, rates, rents and other charges for the use of resources, facilities and services and the issuance and amendment of permits and other authorizing instruments; (h) authorizing the granting, and the surrender or relinquishment, of leases, licences, easements or servitudes, of or over public lands in marine conservation areas for uses compatible with section 4; (i) respecting the safety of the public; (j) for the control of the flight of aircraft to prevent danger or disturbances to wildlife and wildlife habitat, and respecting the takeoff, landing and taxiing of aircraft; (k) for the control of scientific research activities; (l) authorizing the disposal of waste or other matter by persons holding permits for that purpose, in the manner and to the extent specified in the regulations, in waters of a marine conservation area to which subsection 125(1) of the Canadian Environmental Protection Act, 1999 does not apply; and (m) exercising, in relation to marine conservation areas, any of the powers to make regulations conferred on the Governor in Council by the Canada National Parks Act. �� Search and rescue operations Fisheries, aquaculture and marine matters Marine matters Air navigation Conflicts Exemption of ship and air movements and activities C. 18 Canada National Marin (1.1) Regulations made under this section do not apply in respect of search and rescue operations carried out by any federal authority. (2) Regulations under this section respecting fisheries management and conservation or that restrict or prohibit fishing or aquaculture, marine navigation or activities related to marine safety may be made only on the recommendation of the Minister and the Minister of Fisheries and Oceans. (3) Regulations under this section that restrict or prohibit marine navigation or activities related to marine safety, to the extent that such regulations can be made on the recommendation of the Minister of Transport under the Canada Shipping Act or the Arctic Waters Pollution Prevention Act, may only be made on the recommendation of the Minister and the Minister of Transport. (4) Regulations under paragraph (1)(j) that restrict or prohibit air navigation may be made only on the recommendation of the Minister and the Minister of Transport. (5) Regulations referred to in subsection (2), (3) or (4) prevail over regulations made under the Fisheries Act, the Coastal Fisheries Protection Act, the Canada Shipping Act, the Arctic Waters Pollution Prevention Act, the Navigable Waters Protection Act or the Aeronautics Act to the extent of any conflict between them. 17. The Governor in Council may, by regulation, exempt from any regulation made under section 16 or from any provision thereof, subject to any conditions that the Governor in Council considers appropriate, movements or activities of a ship or aircraft, or of a class of ships or aircraft, owned by or operated by or on behalf of Her Majesty in right of Canada, or owned or operated by Her Majesty in right of a province or by a foreign state, if so recommended by the Minister and any other minister of the Crown having 2001-2002 Aires marines nationales de responsibility in relation to the movement or activity and if the Governor in Council is satisfied that the exemption is necessary (a) in the interests of Canadian sovereignty or security; or (b) for the conduct of any maritime activity by Canada, a province or a foreign state that is consistent with the purposes of this Act. ENFORCEMENT Designation of marine conservation area wardens 18. The Minister may designate persons appointed under the Parks Canada Agency Act whose duties include the enforcement of this Act to be marine conservation area wardens (a) for the enforcement of this Act and the regulations in any part of Canada or the exclusive economic zone of Canada, and (b) for the preservation and maintenance of the public peace in marine conservation areas, except in any portion of them situated within the exclusive economic zone of Canada, and marine conservation area wardens are, for those purposes, peace officers within the meaning of the Criminal Code. Designation of enforcement officers 19. The Minister may designate persons or classes of persons employed in the public service of Canada or by a provincial, municipal or local authority or an aboriginal government, whose duties include law enforcement, to be enforcement officers for the purpose of the enforcement of specified provisions of this Act or the regulations in specified marine conservation areas, and for that purpose enforcement officers have the powers and are entitled to the protection provided by law to peace officers within the meaning of the Criminal Code. Certificate of designation and oath 20. (1) Every marine conservation area warden and enforcement officer shall be provided with a certificate of designation in a form approved by the Minister and shall take and subscribe an oath prescribed by the Minister. �� C. 18 Canada National Marin Limitation of powers (2) A certificate of designation provided to an enforcement officer shall specify the provisions of this Act or the regulations that the enforcement officer has the power to enforce and the marine conservation areas in which that power applies. Crossing private property (3) In the discharge of their duties, marine conservation area wardens, enforcement officers and persons accompanying them may enter on and pass through or over private property. Arrest by warden or officer 21. (1) A marine conservation area warden or enforcement officer may, in accordance with and subject to the Criminal Code, arrest without warrant any person whom the warden or officer finds committing an offence under this Act or who, on reasonable grounds, the warden or officer believes has committed or is about to commit an offence under this Act. Arrest by warden (2) A marine conservation area warden may, in accordance with and subject to the Criminal Code, arrest without warrant any person whom the warden finds committing an offence under any other Act in a marine conservation area, except in any portion of it situated within the exclusive economic zone of Canada. Search and seizure 22. (1) A marine conservation area warden or enforcement officer may (a) enter and search any place and open and examine any package or receptacle in accordance with a warrant issued under subsection (2) at any time during the day or, if so specified in the warrant, during the night; and (b) seize any thing that the warden or officer believes on reasonable grounds is a thing described in subsection (2). Authority to issue warrant (2) If a justice of the peace, on ex parte application, is satisfied by information on oath that there are reasonable grounds to believe that there is in any place, including any building, boat or other conveyance, or in any package or receptacle, (a) any thing in relation to which there are reasonable grounds to believe an offence under this Act or the regulations has been committed, or 2001-2002 Aires marines nationales de (b) any thing that there are reasonable grounds to believe will afford evidence with respect to the commission of such an offence, the justice of the peace may issue a warrant authorizing a marine conservation area warden or enforcement officer named in the warrant to enter and search the place or to open and examine the package or receptacle, subject to any conditions specified in the warrant. Where warrant not necessary (3) A marine conservation area warden or enforcement officer may exercise any powers under subsection (1) without a warrant if the conditions for obtaining a warrant exist but by reason of exigent circumstances it would not be practical to obtain one. Custody of things seized 23. (1) Subject to subsections (2) and (3) and sections 25 and 26, where a marine conservation area warden or enforcement officer seizes a thing under this Act or under a warrant issued pursuant to the Criminal Code, (a) sections 489.1 and 490 of the Criminal Code apply; and (b) the warden or officer, or any person that the warden or officer may designate, shall retain custody of the thing subject to any order made under section 490 of the Criminal Code. Forfeiture where ownership not ascertainable (2) If the lawful ownership of or entitlement to a seized thing cannot be ascertained within 30 days after its seizure, the thing, or any proceeds of its disposition, are forfeited to Her Majesty in right of Canada, if the thing was seized by a marine conservation area warden or enforcement officer employed in the public service of Canada, or to Her Majesty in right of a province, if the thing was seized by an enforcement officer employed by a provincial, municipal or local authority or an aboriginal government. Perishable things (3) Where a seized thing is perishable, the marine conservation area warden or enforcement officer may dispose of it or destroy it, and any proceeds of its disposition shall be paid to the lawful owner or person lawfully entitled to possession of the thing, unless �� C. 18 Canada National Marin proceedings under this Act are commenced within 90 days after its seizure, or shall be retained by the warden or officer pending the outcome of those proceedings. OFFENCES AND PUNISHMENT Contravention of Act or regulations 24. (1) Every person who contravenes a provision of this Act or the regulations, or a condition of a permit or other authorizing instrument issued pursuant to the regulations, is (a) guilty of an offence punishable on summary conviction and liable to a fine not exceeding $100,000; or Continuing offences Injunction Forfeiture of things seized Return where no forfeiture ordered Retention or sale (b) guilty of an indictable offence and liable to a fine not exceeding $500,000. (2) If a contravention of this Act or the regulations is committed or continued on more than one day, it constitutes a separate offence for each day on which it is committed or continued. (3) Whether or not proceedings have been commenced with respect to an offence under this Act, Her Majesty in right of Canada may undertake or continue proceedings to prevent conduct that constitutes such an offence. 25. (1) When a person is convicted of an offence under this Act, the convicting court may, in addition to any punishment imposed, order that any seized thing by means of or in relation to which the offence was committed, or any proceeds of its disposition, be forfeited to Her Majesty in right of Canada. (2) If the convicting court does not order the forfeiture, a seized thing or the proceeds of its disposition shall be returned to its lawful owner or the person lawfully entitled to it. (3) If a fine is imposed on a person convicted of an offence under this Act, any seized thing or any proceeds of its disposition may be retained until the fine is paid or the thing may be sold in satisfaction of the fine and the proceeds applied, in whole or in part, in payment of the fine. 2001-2002 Aires marines nationales de Disposition by Minister 26. Any seized thing that has been forfeited under this Act to Her Majesty in right of Canada or abandoned by its owner may be dealt with and disposed of as the Minister may direct. Orders of court 27. (1) When a person is convicted of an offence under this Act, the court may, in addition to any punishment imposed and having regard to the nature of the offence and the circumstances surrounding its commission, make an order (a) prohibiting the person from doing any act or engaging in any activity that may, in the opinion of the court, result in the continuation or repetition of the offence; (b) directing the person to take any action the court considers appropriate to remedy or avoid any harm to any element of the ecosystems of a marine conservation area that resulted or may result from the commission of the offence; (c) directing the person to pay the Minister an amount of money as compensation, in whole or in part, for the cost of any remedial or preventive action taken by or caused to be taken on behalf of the Minister as a result of the commission of the offence; (d) directing the person to post a bond or pay into court an amount of money the court considers appropriate for the purpose of ensuring compliance with any prohibition, direction or requirement mentioned in this section; or (e) requiring the person to comply with any other conditions that the court considers appropriate. Suspended sentence (2) Where a person is convicted of an offence under this Act and the court suspends the passing of sentence under paragraph 731(1)(a) of the Criminal Code, the court may, in addition to any probation order made under that paragraph, make an order referred to in subsection (1). Imposition of sentence (3) If the person does not comply with the order or is convicted of another offence, the court may, within three years after the order was made, on the application of the prosecu�� C. 18 Canada National Marin tion, impose any sentence that could have been imposed if the passing of sentence had not been suspended. Limitation or prescription 28. (1) Proceedings by way of summary conviction may be commenced not later than two years after the day on which the subjectmatter of the proceedings becomes known to the Minister. Minister’s certificate (2) A document purporting to have been issued by the Minister, certifying the day on which the subject-matter of any proceedings became known to the Minister, is admissible in evidence without proof of the signature or official character of the person appearing to have signed the document and is evidence of the matters asserted in it. MITIGATION OF ENVIRONMENTAL DAMAGE Pollution clean-up 29. (1) Where a substance that is capable of degrading the environment or injuring any animal, fish or plant is discharged or deposited within a marine conservation area, any person who has charge, management or control of the substance or who causes or contributes to the discharge or deposit shall take reasonable measures to prevent or mitigate such degradation or injury. Powers of Minister (2) If the Minister is of the opinion that a person is not taking measures required by subsection (1), the Minister shall direct the person to take those measures and, if the person fails to do so, the Minister may direct those measures to be taken on behalf of Her Majesty in right of Canada. Expenses of clean-up (3) A person who fails to comply with a direction given by the Minister under subsection (2) is liable for the expenses reasonably incurred by Her Majesty in right of Canada in taking the measures directed and those expenses may be recovered from that person, with costs, in proceedings brought in the name of Her Majesty in any court of competent jurisdiction. 2001-2002 Exception Aires marines nationales de (4) No measures may be directed to be taken under subsection (2) to prevent or mitigate any degradation or injury if action may be taken under the Canada Shipping Act, the Arctic Waters Pollution Prevention Act or the Canadian Environmental Protection Act, 1999, to prevent or mitigate the same degradation or injury. CONSEQUENTIAL AMENDMENTS 2000, c. 32 Canada National Parks Act 30. The definitions ‘‘park’’ and ‘‘park reserve’’ in subsection 2(1) of the Canada National Parks Act are replaced by the following: ‘‘park’’ « parc » ‘‘park’’ means a national park of Canada named and described in Schedule 1. ‘‘park reserve’’ « réserve » ‘‘park reserve’’ means a national park reserve of Canada named and described in Schedule 2. 31. Subsection 4(2) of the Act is replaced by the following: Purpose of reserves (2) Park reserves are established in accordance with this Act for the purpose referred to in subsection (1) where an area or a portion of an area proposed for a park is subject to a claim in respect of aboriginal rights that has been accepted for negotiation by the Government of Canada. 31.1 Subsection 5(2) of the Act is replaced by the following: Judicial finding as to title (2) If a court of competent jurisdiction finds that Her Majesty in right of Canada does not have clear title to or an unencumbered right of ownership in lands within a park, the Governor in Council may, by order, amend Schedule 1 by removing the name and description of the park or by altering that description. No reduction of park area (3) Except as provided by subsection (2), no amendment may be made by the Governor in Council to Schedule 1 for the purpose of removing any portion of a park. 31.2 (1) The portion of subsection 6(2) of the Act before paragraph (a) is replaced by the following: �� Reserve lands becoming park C. 18 Canada National Marin (2) Where a claim referred to in subsection 4(2) is settled, the Governor in Council may, by order, (2) Subsection 6(3) of the Act is replaced by the following: Judicial finding as to title (3) If a court of competent jurisdiction finds that Her Majesty in right of Canada does not have clear title to or an unencumbered right of ownership in lands within a park reserve, the Governor in Council may, by order, amend Schedule 2 by removing the name and description of the reserve or by altering that description. No reduction of reserve area (4) Except as provided by subsections (2) and (3), no amendment may be made by the Governor in Council to Schedule 2 for the purpose of removing any portion of a park reserve. 31.3 Section 19 of the Act is replaced by the following: Designation of enforcement officers 19. The Minister may designate persons or classes of persons employed in the public service of Canada or by a provincial, municipal or local authority or an aboriginal government, whose duties include law enforcement, to be enforcement officers for the purpose of the enforcement of specified provisions of this Act or the regulations in relation to specified parks, and for that purpose enforcement officers have the powers and are entitled to the protection provided by law to peace officers within the meaning of the Criminal Code. 31.4 Subsection 23(2) of the Act is replaced by the following: Forfeiture where ownership not ascertainable (2) If the lawful ownership of or entitlement to a seized thing cannot be ascertained within 30 days after its seizure, the thing or any proceeds of its disposition are forfeited to Her Majesty in right of Canada, if the thing was seized by a park warden or by an enforcement officer employed in the public service of Canada, or to Her Majesty in right of a province, if the thing was seized by an enforcement officer employed by a provincial, municipal or local authority or an aboriginal government. 2001-2002 1995, c. 11 Aires marines nationales de Department of Canadian Heritage Act 32. The French version of paragraph 4(2)(e) of the Department of Canadian Heritage Act is replaced by the following: e) les parcs nationaux, les lieux et monuments historiques nationaux, les canaux historiques, les champs de bataille nationaux, les aires marines nationales de conservation, les gares ferroviaires et les édifices fédéraux patrimoniaux; 1998, c. 31 Parks Canada Agency Act 33. (1) Paragraph (a) of the preamble to the Parks Canada Agency Act is replaced by the following: (a) to protect the nationally significant examples of Canada’s natural and cultural heritage in national parks, national historic sites, national marine conservation areas and related heritage areas in view of their special role in the lives of Canadians and the fabric of the nation, (2) Paragraph (d) of the preamble to the Act is replaced by the following: (d) to include representative examples of Canada’s land and marine natural regions in the systems of national parks and national marine conservation areas, (3) Paragraph (h) of the preamble to the Act is replaced by the following: (h) to ensure the ecologically sustainable use of national marine conservation areas, 34. (1) Paragraph (a) of the definition ‘‘other protected heritage areas’’ in subsection 2(1) of the Act is replaced by the following: (a) historic canals that are within the jurisdiction of the Minister under the Department of Canadian Heritage Act; �� C. 18 Canada National Marin (2) Subsection 2(1) of the Act is amended by adding the following in alphabetical order: ‘‘national marine conservation area’’ « aire marine nationale de conservation » ‘‘national marine conservation area’’ means a marine conservation area or reserve as defined in subsection 2(1) of the Canada National Marine Conservation Areas Act. 35. Subsection 5(1) of the Act is replaced by the following: Exercise of powers conferred on Minister 5. (1) Subject to any direction given by the Minister, the Agency may exercise the powers and shall perform the duties and functions that relate to national parks, national historic sites, national marine conservation areas, other protected heritage areas and heritage protection programs that are conferred on, or delegated, assigned or transferred to, the Minister under any Act or regulation. 36. Subsections 6(1) to (3) of the Act are replaced by the following: Responsibilities — subject-matter 6. (1) The Agency is responsible for the implementation of policies of the Government of Canada that relate to national parks, national historic sites, national marine conservation areas, other protected heritage areas and heritage protection programs. System plans (2) The Agency shall ensure that there are long-term plans in place for establishing systems of national parks, national historic sites and national marine conservation areas. New protected heritage areas (3) The Agency is responsible for negotiating, and recommending to the Minister, the establishment of new national parks, national marine conservation areas and other protected heritage areas and the acquisition of national historic sites. 37. Section 7 of the Act is replaced by the following: Additions to or deletions from the schedule 7. The Governor in Council may, by order, add to or delete from the schedule any Act of Parliament or regulation or part of an Act or regulation that relates to national parks, 2001-2002 Aires marines nationales de national historic sites, national marine conservation areas or other protected heritage areas or heritage protection programs. 38. (1) Paragraphs 21(3)(b) to (d) of the Act are replaced by the following: (b) to acquire any real property or immovables for the purpose of establishing, enlarging or designating, as the case may be, any national park, national historic site, national marine conservation area or other protected heritage area that has not yet attained full operational status; (c) to develop or maintain any national park, national historic site, national marine conservation area or other protected heritage area that has not yet attained full operational status, and to make any related contribution or other payment; (d) to implement a decision by the Minister to recommend the establishment of a national park, national historic site, national marine conservation area or other protected heritage area, or to commemorate a historic place under section 3 of the Historic Sites and Monuments Act, and to make any related contribution or other payment; and Determination of status (2) Subsection 21(4) of the Act is replaced by the following: (4) The Chief Executive Officer must, in accordance with the guidelines established under subsection (5), determine whether a national park, national historic site, national marine conservation area or other protected heritage area has attained full operational status for the purposes of paragraphs (3)(b) and (c). 39. Section 31 of the Act is replaced by the following: �� C. 18 Canada National Marin Report on state of heritage areas and programs 31. At least every two years, the Chief Executive Officer shall provide the Minister with a report, to be tabled in each House of Parliament, on the state of national parks, national historic sites, national marine conservation areas and other protected heritage areas and heritage protection programs, and on the performance of the Agency in carrying out its responsibilities under section 6. 2000, c. 32, s. 59 40. Subsection 32(1) of the Act is replaced by the following: 32. (1) In addition to the duties in relation to management plans under the Canada National Parks Act and the Canada National Marine Conservation Areas Act, the Chief Executive Officer shall, within five years after the establishment of a national historic site or other protected heritage area, or within five years after the coming into force of this section, whichever is later, provide the Minister with a management plan for that national historic site or other protected heritage area in respect of any matter that the Minister deems appropriate, including, but not limited to, commemorative and ecological integrity, resource protection or visitor use, and that plan shall be tabled in each House of Parliament. Management plans 41. Part 1 of the schedule to the Act is amended by adding the following in alphabetical order: Canada National Marine Conservation Areas Act Loi sur les aires marines nationales de conservation du Canada 2001-2002 Aires marines nationales de conserv SCHEDULE 1 (Sections 2, 5 and 6) MARINE CONSERVATION AREAS �� C. 18 Canada National Marine Conser SCHEDULE 2 (Sections 2 and 6) RESERVES Published under authority of the Speaker of the House of Commons Available from: Public Works and Government Services Canada — Publishing, Ottawa, Canada K1A 0S9 ��������� ����� ������ ����� ��� ���������� �������� �������������������� ������� ������ ��� ���

First Session, Thirty-seventh Parliament, 49-50-51 Elizabeth II, 2001-2002 STATUTES OF CANADA 2002 CHAPTER 20 An Act to re-enact legislative instruments enacted in only one official language BILL S-41 ASSENTED TO 13th JUNE, 2002 SUMMARY This enactment re-enacts, or provides for the re-enactment of, certain instruments of a legislative nature that were originally enacted in only one official language in order to resolve any uncertainty with respect to their legal validity. Legislative instruments that were enacted in one official language but published in both official languages are automatically and retroactively re-enacted in both languages. The enactment also confers regulation-making powers on the Governor in Council to retroactively re-enact, in both official languages, legislative instruments that were enacted in one official language and published in that language only or not published at all. ��� ������������� ������������ ��� ��������� �� ��� ������������� �������� ������������� �� ��� ��������� �������� ��������������������� 49-50-51 ELIZABETH II CHAPTER 20 An Act to re-enact legislative instruments enacted in only one official language [Assented to 13th June, 2002] Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: Short title Definitions 1. This Act may be cited as the Legislative Instruments Re-enactment Act. 2. The following definitions apply in this Act. ‘‘enacted’’ « édicter » ‘‘enacted’’ includes issued, made and established. ‘‘government publication’’ « publication gouvernementale » ‘‘government publication’’ means the Canada Gazette or any other official publication of the Government of Canada in which legislative instruments were published. ‘‘legislative instrument’’ « texte législatif » ‘‘legislative instrument’’ means Instruments published in both languages (a) an instrument enacted before the coming into force of section 7 of the Official Languages Act on September 15, 1988 by, or with the approval of, the Governor in Council or a minister of the Crown in the execution of a legislative power conferred by or under an Act of Parliament; or (b) an instrument that amends or repeals an instrument referred to in paragraph (a). 3. (1) Every legislative instrument that was originally enacted in only one official language and was, at the time of its enactment, published in both official languages in a government publication is hereby re-enacted in both official languages in the same form as that in which the legislative instrument was published. � C. 20 Legislative Instrume Re-enactment retroactive (2) The provisions of an instrument re-enacted under subsection (1) are retroactive to, and are deemed to have come into force on, the day or days on which the corresponding provisions of the legislative instrument it replaces came into force, and those corresponding provisions are deemed to be repealed as at that time. Instruments not published or published in one language 4. (1) Where a legislative instrument was originally enacted in only one official language and, at the time of its enactment, was published in only one official language or was exempted by law from the requirement to be published in a government publication, the Governor in Council may, by regulation, repeal the legislative instrument and re-enact it in both official languages, without change to the version of the legislative instrument in the language in which it was originally enacted. Regulation retroactive (2) A regulation made under subsection (1) shall provide that the provisions of the re-enacted instrument are retroactive to, and are deemed to have come into force on, the day or days on which the corresponding provisions of the legislative instrument it replaces came into force. Offences (3) No person shall be convicted of an offence consisting of a contravention of a provision of an instrument re-enacted under subsection (1) unless the contravention occurred after the instrument was re-enacted and published in both official languages. Powers of Governor in Council (4) The Governor in Council may repeal and re-enact a legislative instrument under subsection (1) notwithstanding that (a) the power under which the legislative instrument was originally enacted no longer exists; or (b) the office or body that originally enacted the legislative instrument no longer exists. Conditions of re-enactment (5) The re-enactment of a legislative instrument under subsection (1) is not subject to the same conditions, if any, that applied to the enactment of the legislative instrument it replaces. 2001-2002 Réédiction de te Publication (6) A regulation made under subsection (1) shall be published in the Canada Gazette, unless the regulation is a regulation of a class referred to in subsection 15(3) of the Statutory Instruments Regulations. Repeal of legislative instruments (7) Upon the expiration of six years after this Act comes into force, any legislative instrument described in subsection (1) that has not been re-enacted in both official languages is repealed. Deeming and citation 5. (1) An instrument re-enacted under section 3 or 4 is deemed to be, and to have always been, the legislative instrument it replaces and, subject to subsection (3), shall be cited in the same manner as that legislative instrument. Power to amend or repeal (2) For greater certainty, the holder of an office, or a body, that has the power to amend or repeal a legislative instrument that was re-enacted under section 3 or 4 may use that power to amend or repeal the re-enacted instrument. Reference to title (3) Where a legislative instrument was not published at the time of its enactment or was at that time published in only one official language, the re-enacted instrument that replaces it may be referred to by its title in either official language. Both versions equally authoritative 6. The English and French versions of an instrument re-enacted under section 3 or 4 are equally authoritative. Repealed instruments not revived 7. An instrument that was repealed or that otherwise ceased to have effect on or before the day on which this Act comes into force is not by virtue of this Act or any regulation made under this Act revived in respect of any period subsequent to its repeal or ceasing to have effect. Exemption 8. (1) The Statutory Instruments Act does not apply to an instrument re-enacted under section 3 or to a regulation made under section 4. Referral for scrutiny (2) Instruments re-enacted under section 3 and regulations made under section 4 stand permanently referred to the Committee referred to in section 19 of the Statutory Instruments Act for review and scrutiny. C. 20 � Legislative Instrume Review 9. (1) Within five years after the day on which this Act comes into force, the Minister of Justice shall complete a review of the implementation and operation of section 4. Report (2) Subject to subsection (3), within one year after the review is completed pursuant to subsection (1), or within such further time as may be authorized by both Houses of Parliament, the Minister of Justice shall submit a report on the review to each House of Parliament that includes: (a) a description of the measures taken to identify legislative instruments referred to in subsection 4(1); (b) a list of any legislative instruments that have been repealed and re-enacted under subsection 4(1); and (c) a list of any legislative instruments referred to in that subsection that have been identified but that have not been repealed and re-enacted. Number of certain instruments (3) The report referred to in subsection (2) shall, in respect of legislative instruments of a class referred to in subsection 15(3) of the Statutory Instruments Regulations, set out only the number of such instruments that are of the types described in paragraphs (2)(b) and (c). Published under authority of the Speaker of the House of Commons Available from: Public Works and Government Services Canada — Publishing, Ottawa, Canada K1A 0S9 ��������� ����� ������ ����� ��� ���������� �������� �������������������� ������� ������ ��� ���

First Session, Thirty-seventh Parliament, 49-50-51 Elizabeth II, 2001-2002 STATUTES OF CANADA 2002 CHAPTER 23 An Act respecting the long-term management of nuclear fuel waste BILL C-27 ASSENTED TO 13th JUNE, 2002 SUMMARY This enactment implements a key component of the Government of Canada’s 1996 Policy Framework for Radioactive Waste — that the federal government, through effective oversight, would ensure that the long-term management of radioactive waste is carried out in a comprehensive, integrated and economically sound manner. The key elements of the enactment include (a) requiring the major owners of nuclear fuel waste to establish a waste management organization (referred to in this Summary as the ‘‘WMO’’) to carry out the managerial, financial and operational activities to implement the long-term management of nuclear fuel waste; (b) requiring the major owners of nuclear fuel waste to establish trust funds and to make annual payments into those trust funds to finance the long-term management of nuclear fuel waste; and (c) authorizing the Governor in Council to make a decision on the choice of approach for long-term management of nuclear fuel waste for Canada to be implemented by the WMO. The enactment also requires that the WMO carry out public consultations, that the WMO’s study and reports (which are submitted to the Minister) be made public, that the WMO establish an Advisory Council, whose comments on the WMO’s study and reports are made public, and that the Minister make public statements on all of the WMO’s reports. ��� ������������� ������������ ��� ��������� �� ��� ������������� �������� ������������� �� ��� ��������� �������� ��������������������� TABLE OF PROVISIONS AN ACT RESPECTING THE LONG-TERM MANAGEMENT OF NUCLEAR FUEL WASTE SHORT TITLE 1. Short title 2. Definitions INTERPRETATION PURPOSE OF ACT 3. Comprehensive, integrated and economically sound approach 4. Binding on Her Majesty 5. Application to nuclear energy corporations and AECL 6. Incorporation and purpose APPLICATION OF ACT WASTE MANAGEMENT ORGANIZATION 7. Duty toward other owners of nuclear fuel waste 8. Advisory Council 9. Trust funds 10. Initial deposit to trust funds 11. Withdrawals from trust funds FINANCING STUDY BY WASTE MANAGEMENT ORGANIZATION 12. Study within three years 13. Financial aspects 14. Minister may consult public 15. Decision of Governor in Council REPORTS BY WASTE MANAGEMENT ORGANIZATION 16. Obligation to submit annual reports 17. Obligation to deposit 18. Triennial report 19. Minister’s statement 19.1 Tabling of reports in Parliament CHANGE IN APPROACH 20. New approach — technical difficulty �� WITHDRAWAL BY BENEFICIARY 21. Withdrawals from trust funds RECORDS, BOOKS AND FINANCIAL STATEMENTS 22. Records and books to be kept 23. WMO financial statements 24. Documents to be made public DOCUMENTS TO BE MADE PUBLIC INSPECTION OF RECORDS AND BOOKS 25. Auditors 26. Duty to assist auditor OFFENCES AND PUNISHMENT 27. Failure to deposit amounts 28. Failure to submit study 29. Offence by employee or agent 30. Due diligence 31. Time limit for prosecution COMING INTO FORCE 32. Coming into force 49-50-51 ELIZABETH II CHAPTER 23 An Act respecting the long-term management of nuclear fuel waste [Assented to 13th June, 2002] Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: SHORT TITLE Short title 1. This Act may be cited as the Nuclear Fuel Waste Act. Definitions 2. The following definitions apply in this Act. ‘‘economic region’’ « région économique » ‘‘economic region’’ means an economic region described by Statistics Canada in its Guide to the Labour Force Survey, published on January 31, 2000. ‘‘management’’ « gestion » ‘‘management’’, in relation to nuclear fuel waste, means long-term management by means of storage or disposal, including handling, treatment, conditioning or transport for the purpose of storage or disposal. ‘‘Minister’’ « ministre » ‘‘Minister’’ means the Minister of Natural Resources or such member of the Queen’s Privy Council for Canada as the Governor in Council may designate as the Minister for the purposes of this Act. ‘‘nuclear energy corporation’’ « sociétés d’énergie nucléaire » ‘‘nuclear energy corporation’’ means INTERPRETATION (a) Ontario Power Generation Inc., Hydro-Québec, New Brunswick Power Corporation, and any other body that owns nuclear fuel waste resulting from the production of electricity by means of a commercial nuclear reactor; � Nuclear Fu C.23 (b) any successor or assignee of a corporation mentioned in paragraph (a); and (c) any assignee of Atomic Energy of Canada Limited, being the company incorporated or acquired pursuant to subsection 10(2) of the Atomic Energy Control Act, chapter A-19 of the Revised Statutes of Canada, 1970. ‘‘nuclear fuel waste’’ « déchets nucléaires » ‘‘nuclear fuel waste’’ means irradiated fuel bundles removed from a commercial or research nuclear fission reactor. ‘‘prime rate’’ « taux de base » ‘‘prime rate’’ means, for any day, the rate of interest charged by banks to their most credit-worthy borrowers for short-term business loans, as determined and published by the Bank of Canada for the month in which the day falls. ‘‘waste management organization’’ « société de gestion » ‘‘waste management organization’’ means the corporation established under section 6, regardless of the actual name of that corporation. Comprehensive, integrated and economically sound approach 3. The purpose of this Act is to provide a framework to enable the Governor in Council to make, from the proposals of the waste management organization, a decision on the management of nuclear fuel waste that is based on a comprehensive, integrated and economically sound approach for Canada. Binding on Her Majesty 4. This Act is binding on Her Majesty in right of Canada or a province. 5. This Act applies to a nuclear energy corporation and to Atomic Energy of Canada Limited only if it is the owner of nuclear fuel waste. PURPOSE OF ACT APPLICATION OF ACT Application to nuclear energy corporations and AECL WASTE MANAGEMENT ORGANIZATION Incorporation and purpose 6. (1) The nuclear energy corporations shall establish a corporation, in this Act referred to as the waste management organization, whose purpose under this Act is to do the following on a non-profit basis: (a) propose to the Government of Canada approaches for the management of nuclear fuel waste; and 2001-2002 Déchets de combu (b) implement the approach that is selected under section 15 or is approved under subsection 20(5). Participation in waste management organization (2) Once the waste management organization has been established, every nuclear energy corporation shall become and remain a member or shareholder of it. Not an agent of Her Majesty (3) For all purposes the waste management organization is not an agent of Her Majesty in right of Canada. Duty toward other owners of nuclear fuel waste 7. The waste management organization shall offer, without discrimination and at a fee that is reasonable in relation to its costs of managing the nuclear fuel waste of its members or shareholders, to (a) Atomic Energy of Canada Limited, and (b) all owners of nuclear fuel waste produced in Canada that are neither members nor shareholders of the waste management organization its nuclear fuel waste management services that are set out in the approach that the Governor in Council selects under section 15 or approves under subsection 20(5). Advisory Council 8. (1) The waste management organization shall create an Advisory Council, which shall (a) examine the study referred to in subsection 12(1) and the triennial reports referred to in section 18 that are to be submitted to the Minister; and (b) give written comments on that study and those reports to the waste management organization. Representation on Advisory Council (2) The members of the Advisory Council shall be appointed by the governing body of the waste management organization. The governing body shall make all reasonable efforts to ensure that the Advisory Council’s membership (a) reflects a broad range of scientific and technical disciplines related to the management of nuclear fuel waste; (b) reflects expertise, in matters of nuclear energy, (i) in public affairs, and (ii) as needed, in other social sciences; � Nuclear Fu C.23 (b.1) reflects expertise in traditional aboriginal knowledge; and (c) includes representatives nominated by local and regional governments and aboriginal organizations that are affected because their economic region is specified for the approach that the Governor in Council selects under section 15 or approves under subsection 20(5). FINANCING Trust funds Documents relating to trust funds Initial deposit to trust funds 9. (1) Each nuclear energy corporation and Atomic Energy of Canada Limited shall maintain in Canada, either individually or jointly with one or more of the other nuclear energy corporations or Atomic Energy of Canada Limited, one trust fund with a financial institution incorporated or formed by or under an Act of Parliament or of the legislature of a province, except, in the case of a nuclear energy corporation, a financial institution in relation to which the nuclear energy corporation beneficially owns, directly or indirectly, more than ten per cent of the outstanding shares of any given class of shares. (2) The financial institution that holds a trust fund referred to in this section shall maintain in Canada all documents relating to that trust fund. 10. (1) Each body mentioned in this subsection shall, either directly or through a third party, no later than 10 days after the day on which this Act comes into force, deposit to its trust fund maintained under subsection 9(1) the following respective amounts: (a) Ontario Power $500,000,000; Generation Inc., (b) Hydro-Québec, $20,000,000; (c) New Brunswick Power Corporation, $20,000,000; and (d) Atomic Energy of Canada Limited, $10,000,000. 2001-2002 Subsequent deposits to trust funds Déchets de combu (2) Each body mentioned in this subsection shall in each year, either directly or through a third party, no later than the anniversary of the day on which this Act comes into force, deposit to its trust fund maintained under subsection 9(1) the following respective amounts: (a) Ontario Power $100,000,000; Generation Inc., (b) Hydro-Québec, $4,000,000; (c) New Brunswick Power Corporation, $4,000,000; and (d) Atomic Energy of Canada Limited, $2,000,000. When obligation ceases to apply (3) Subsection (2) ceases to apply on the day on which the Minister approves the amount of the deposit under paragraph 16(3)(a). Calculation of interest (4) Interest accumulates on any portion of a deposit not paid by the day referred to in subsection (1) or (2), at the prime rate plus two per cent, calculated daily from the day referred to in subsection (1) or (2), as the case may be, to the day before the day of the deposit. Latest date for deposit (5) Each body mentioned in subsection (1) or (2) shall, either directly or through a third party, deposit to its trust fund maintained under subsection 9(1), no later than 30 days after the date of the decision of the Governor in Council under section 15, the applicable amount referred to in subsection (1) or (2) plus an amount, if any, equal to the interest. Withdrawals from trust funds 11. (1) Only the waste management organization may withdraw moneys from a trust fund maintained under subsection 9(1). Condition for withdrawals (2) The waste management organization may make withdrawals only for the purpose of implementing the approach that the Governor in Council selects under section 15 or approves under subsection 20(5), including avoiding or minimizing significant socio-economic effects on a community’s way of life or on its social, cultural or economic aspirations. � C.23 Nuclear Fu First withdrawal (3) The waste management organization may make the first withdrawal only for an activity in respect of which a construction or operating licence has, after the date of the decision of the Governor in Council under section 15, been issued under section 24 of the Nuclear Safety and Control Act. Ministerial approval (4) If the Minister is of the view that the waste management organization has withdrawn moneys from a trust fund contrary to subsection (2) or (3), the Minister may require the Minister’s prior approval in respect of any future withdrawal from a trust fund by the waste management organization. STUDY BY WASTE MANAGEMENT ORGANIZATION Study within three years 12. (1) Within three years after the coming into force of this Act, the waste management organization shall submit to the Minister a study setting out (a) its proposed approaches for the management of nuclear fuel waste, along with the comments of the Advisory Council on those approaches; and (b) its recommendation as to which of its proposed approaches should be adopted. Methods to manage nuclear fuel waste (2) Each of the following methods must be the sole basis of at least one approach: (a) deep geological disposal in the Canadian Shield, based on the concept described by Atomic Energy of Canada Limited in the Environmental Impact Statement on the Concept for Disposal of Canada’s Nuclear Fuel Waste and taking into account the views of the environmental assessment panel set out in the Report of the Nuclear Fuel Waste Management and Disposal Concept Environmental Assessment Panel dated February 1998; (b) storage at nuclear reactor sites; and (c) centralized storage, either above or below ground. Technical description, region (3) The study must include a detailed technical description of each proposed approach and must specify an economic region for its implementation. 2001-2002 Déchets de combu Comparison of risks, etc. (4) Each proposed approach must include a comparison of the benefits, risks and costs of that approach with those of the other approaches, taking into account the economic region in which that approach would be implemented, as well as ethical, social and economic considerations associated with that approach. Services to certain owners of waste (5) Each proposed approach must include a description of the nuclear fuel waste management services to be offered by the waste management organization under section 7. Implementation plan (6) Each proposed approach must include an implementation plan setting out, as a minimum, (a) a description of activities; (b) a timetable for carrying out the approach; (c) the means that the waste management organization plans to use to avoid or minimize significant socio-economic effects on a community’s way of life or on its social, cultural or economic aspirations; and (d) a program for public consultation. Consultation (7) The waste management organization shall consult the general public, and in particular aboriginal peoples, on each of the proposed approaches. The study must include a summary of the comments received by the waste management organization as a result of those consultations. Financial aspects 13. (1) The study must set out, with respect to each proposed approach, a formula to calculate the annual amount required to finance the management of nuclear fuel waste. The report must explain the assumptions behind each term of the formula. The formula must include the following terms: (a) the estimated total cost of management of nuclear fuel waste, which must take into � C.23 Nuclear Fu account natural or other events that have a reasonable probability of occurring; (b) the estimated rate of return on the trust funds maintained under subsection 9(1); (c) the life expectancy of the nuclear reactors of each nuclear energy corporation and of Atomic Energy of Canada Limited; and (d) the estimated amounts to be received from owners of nuclear fuel waste, other than nuclear energy corporations and Atomic Energy of Canada Limited, in return for services of management of nuclear fuel waste. Respective percentages (2) The study must set out, with respect to each proposed approach, the respective percentage of the estimated total cost of management of nuclear fuel waste that is to be paid by each nuclear energy corporation and Atomic Energy of Canada Limited, and an explanation of how those respective percentages were determined. Financial guarantees (3) The study must set out the form and amount of any financial guarantees for the management of nuclear fuel waste that have been provided by the nuclear energy corporations and Atomic Energy of Canada Limited under the Nuclear Safety and Control Act. Minister may consult public 14. (1) The Minister may engage in such consultations with the general public on the approaches set out in the study as the Minister considers necessary. Revision of study (2) If the Minister is of the opinion that the study fails in a significant way to meet the requirements of sections 12 and 13, the Minister shall direct the waste management organization to revise the relevant portions of it and submit the revised study to the Minister within the period that the Minister specifies. Decision of Governor in Council 15. The Governor in Council, on the recommendation of the Minister, shall select one of the approaches for the management of nuclear fuel waste from among those set out in the study, and the decision of the Governor in Council shall be published in the Canada Gazette. 2001-2002 Déchets de combu REPORTS BY WASTE MANAGEMENT ORGANIZATION Obligation to submit annual reports 16. (1) The waste management organization shall, within three months after the end of each fiscal year of the organization, submit to the Minister a report of its activities for that fiscal year. Contents of annual report after section 15 decision (2) Each annual report after the date of the decision of the Governor in Council under section 15 must include (a) the form and amount of any financial guarantees that have been provided during that fiscal year by the nuclear energy corporations and Atomic Energy of Canada Limited under the Nuclear Safety and Control Act and relate to implementing the approach that the Governor in Council selects under section 15 or approves under subsection 20(5); (b) the updated estimated total cost of the management of nuclear fuel waste; (c) the budget forecast for the next fiscal year; (d) the proposed formula for the next fiscal year to calculate the amount required to finance the management of nuclear fuel waste and an explanation of the assumptions behind each term of the formula; and (e) the amount of the deposit required to be paid during the next fiscal year by each of the nuclear energy corporations and Atomic Energy of Canada Limited, and the rationale by which those respective amounts were arrived at. Minister’s approval of formula and deposits (3) The formula referred to in paragraph (2)(d) and the amount of each deposit referred to in paragraph (2)(e) are subject to the approval of the Minister when proposed in (a) the first annual report after the date of a decision of the Governor in Council under section 15 or subsection 20(5); and (b) the first annual report after the issuance, under section 24 of the Nuclear Safety and Control Act, of a construction or operating �� C.23 Nuclear Fu licence for an activity to implement the approach that the Governor in Council selects under section 15 or approves under subsection 20(5). Grounds for refusing to approve (4) If the Minister (a) is not satisfied that the formula referred to in paragraph (2)(d) will provide sufficient funds to implement the approach that the Governor in Council selects under section 15 or approves under subsection 20(5), or (b) is not satisfied that the amount of each deposit referred to in paragraph (2)(e) is consistent with the formula referred to in paragraph (2)(d), the Minister shall refuse to give the approval referred to in subsection (3) and shall direct the waste management organization to revise the relevant portions of the annual report and submit the revised annual report to the Minister within 30 days. Obligation to deposit 17. (1) Each nuclear energy corporation and Atomic Energy of Canada Limited shall, either directly or through a third party, deposit to its trust fund maintained under subsection 9(1) its respective deposit specified in the annual report (a) if the Minister’s approval under subsection 16(3) is not required, within 30 days after the annual report is submitted to the Minister under subsection 16(1); or (b) if the Minister’s approval under subsection 16(3) is required, within 30 days after the date of that approval. Extension of time (2) Notwithstanding subsection (1), the Governor in Council may, on request by a nuclear energy corporation made before the expiration of the 30 day period referred to in that subsection, authorize the nuclear energy corporation to defer by one year all or part of its deposit required by that subsection, if the Governor in Council is of the opinion that the public interest requires that that money be used instead to repair the damage caused by an event that is not attributable to the corporation 2001-2002 Déchets de combu and is extraordinary, unforeseen and irresistible. Triennial report 18. The annual report of the waste management organization for its third fiscal year after the fiscal year in which a decision is made by the Governor in Council under section 15, and for every third fiscal year after that, in this Act called the ‘‘triennial report’’, must include (a) a summary of its activities respecting the management of nuclear fuel waste during the last three fiscal years, including an analysis of any significant socio-economic effects of those activities on a community’s way of life or on its social, cultural or economic aspirations; (b) its strategic plan for the next five fiscal years to implement the approach that the Governor in Council selects under section 15 or approves under subsection 20(5); (c) its budget forecast for the next five fiscal years to implement the strategic plan; (d) the results of its public consultations held during the last three fiscal years with respect to the matters set out in paragraphs (a) and (b); and (e) the comments of the Advisory Council on the matters referred to in paragraphs (a) to (d). Minister’s statement 19. The Minister shall, within 90 days after receiving a report, issue a public statement regarding the report. Tabling of reports in Parliament 19.1 The Minister shall cause a copy of each report to be laid before each House of Parliament within the first fifteen sitting days of that House after the Minister has received the report. CHANGE IN APPROACH New approach — technical difficulty 20. (1) If the waste management organization is unable, for technical reasons beyond its control, to implement the approach that was selected by the Governor in Council under section 15, the waste management organization shall so report in its triennial report and shall, in that report, propose a new approach. �� Nuclear Fu C.23 New approach — technical innovation (2) If a new technological method is developed that has been the subject of a scientific and technical review by experts from international governmental organizations that deal with nuclear matters and has received their support, the waste management organization may propose, in its triennial report, a new approach for the management of nuclear fuel waste that is based on that new method. Application of other provisions (3) Subsections 12(3) to (7) and sections 13 and 14 apply, with such modifications as the circumstances require, in respect of an approach proposed under subsection (1) or (2). The approach must be accompanied by the comments of the Advisory Council on that approach. Submission to Governor in Council (4) If the Minister is satisfied that the new approach referred to in subsection (1) or (2) is technically and economically feasible in Canada, the Minister shall submit the new approach to the Governor in Council. Decision of Governor in Council (5) The Governor in Council may, on the recommendation of the Minister, approve an approach proposed under subsection (1) or (2), in which case the decision of the Governor in Council shall be published in the Canada Gazette. WITHDRAWAL BY BENEFICIARY Withdrawals from trust funds 21. Notwithstanding subsection 11(1), the Governor in Council may, on the recommendation of the Minister, authorize a beneficiary of a trust fund to withdraw all or part of the balance in the trust fund if (a) the Governor in Council has approved an approach under subsection 20(5) and the total balance in the trust funds exceeds the estimated total cost of implementing that approach; or (b) the waste management organization has completed the implementation of an approach that the Governor in Council selected under section 15 or approved under subsection 20(5). 2001-2002 Déchets de combu RECORDS, BOOKS AND FINANCIAL STATEMENTS Records and books to be kept 22. (1) The waste management organization, every nuclear energy corporation and Atomic Energy of Canada Limited, as well as every financial institution that holds a trust fund, shall keep, at its place of business in Canada, records, books of account and other documents for at least six years after the end of the fiscal year to which they relate, in such form and containing such information as will enable the verification of the accuracy and completeness of the information that is required to be submitted or provided to the Minister under this Act. False entries, omissions (2) No person shall make a false entry, or fail to make an entry, in a record, book of account or other document required to be kept under subsection (1). WMO financial statements 23. (1) The waste management organization shall provide the Minister, within three months after the end of each fiscal year of the organization, with financial statements audited at its own expense by an independent auditor. Trust fund financial statements (2) Every financial institution that holds a trust fund shall provide the Minister and the waste management organization, within three months after the end of each fiscal year of the trust fund, with financial statements relating to that trust fund, audited at its own expense by an independent auditor. DOCUMENTS TO BE MADE PUBLIC Documents to be made public 24. The waste management organization shall make available to the public (a) the study, reports and financial statements that it is required to submit to the Minister under this Act, simultaneously with submitting them to the Minister; and (b) financial statements provided to the waste management organization under subsection 23(2), as soon as practicable. �� Nuclear Fu C.23 INSPECTION OF RECORDS AND BOOKS Auditors 25. (1) The Minister may designate as an auditor for the purposes of this Act any person that the Minister considers to be qualified. Powers of auditors (2) For the purpose of ensuring compliance with this Act, an auditor may, during normal business hours, (a) enter any premises of a body referred to in subsection 22(1), after having given reasonable advance notice to the person in charge of the premises; and Designation to be produced Duty to assist auditor Prohibitions (b) inspect, make copies of, and take extracts from, any records, books of account and other documents that the auditor believes on reasonable grounds are required by subsection 22(1) to be kept. (3) An auditor shall, if so requested either before or after entering any premises under this section, produce to the person in charge of the premises evidence of the auditor’s designation by the Minister. 26. (1) Every person shall give all reasonable assistance to an auditor. (2) No person shall obstruct or hinder an auditor, or make a false or misleading statement, either orally or in writing, or provide false or misleading information, to an auditor. OFFENCES AND PUNISHMENT Failure to deposit amounts 27. (1) If a nuclear energy corporation or Atomic Energy of Canada Limited fails to comply with subsection 10(5) or section 17, it is guilty of an offence and liable on summary conviction to a fine not exceeding $300,000 for each day on which the offence is committed or is continued. Court order (2) If a body is convicted under subsection (1), the court may, in addition to any punishment imposed under that subsection, order the body to deposit to its trust fund, on or before the date fixed by the court, the amount that it failed to deposit as required, plus interest on that amount at the prime rate plus two per cent calculated from the day on which the amount was required to have been deposited. 2001-2002 Déchets de combu Failure to comply with court order (3) If a body fails to comply with an order made under subsection (2), it is guilty of an offence punishable on summary conviction and liable to a fine equal to twenty per cent of the aggregate amount set out in that order. Failure to submit study 28. (1) If the waste management organization fails to submit the study of its proposed approaches within the period set out in subsection 12(1), it is guilty of an offence and liable on summary conviction to a fine not exceeding $300,000 for each day on which the offence is committed or is continued. Failure to submit revised study, annual report (2) If the waste management organization fails to comply with a direction of the Minister made under subsection 14(2), or fails to submit the report of its activities within the period set out in subsection 16(1), it is guilty of an offence and liable on summary conviction to a fine not exceeding $100,000 for each day on which the offence is committed or is continued. Failure to submit revised annual report (3) If the waste management organization fails to comply with a direction of the Minister made under subsection 16(4), it is guilty of an offence and liable on summary conviction to a fine not exceeding $50,000 for each day on which the offence is committed or is continued. Withdrawals, making documents public (4) If the waste management organization withdraws moneys from a trust fund without the Minister’s approval where that approval is required under subsection 11(4), or fails to comply with section 24, it is guilty of an offence and liable on summary conviction to a fine not exceeding $100,000. Auditors (5) Every person who contravenes section 26 is guilty of an offence and liable on summary conviction to a fine not exceeding $100,000. Other offences (6) Every person who contravenes any other provision of this Act is guilty of an offence and liable on summary conviction to a fine not exceeding $50,000. �� Nuclear Fu C.23 Offence by employee or agent 29. In a prosecution for an offence under this Act, it is sufficient proof of the offence to establish that it was committed by an employee or agent of the accused, whether or not the employee or agent is identified or has been prosecuted for the offence. Due diligence 30. No person shall be found guilty of an offence under this Act if it is established that the person exercised all due diligence to comply with this Act or to prevent the commission of the offence. Time limit for prosecution 31. Proceedings in respect of an offence under this Act may be instituted within but not later than two years after the time when the subject matter of the proceedings arose or the Minister became aware of the subject matter of the proceedings. COMING INTO FORCE Coming into force 32. This Act comes into force on a day to be fixed by order of the Governor in Council. Published under authority of the Speaker of the House of Commons Available from: Public Works and Government Services Canada — Publishing, Ottawa, Canada K1A 0S9 ��������� ����� ������ ����� ��� ���������� �������� �������������������� ������� ������ ��� ���

First Session, Thirty-seventh Parliament, 49-50-51 Elizabeth II, 2001-2002 STATUTES OF CANADA 2002 CHAPTER 22 An Act respecting the taxation of spirits, wine and tobacco and the treatment of ships’ stores BILL C-47 ASSENTED TO 13th JUNE, 2002 RECOMMENDATION Her Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled ‘‘An Act respecting the taxation of spirits, wine and tobacco and the treatment of ships’ stores’’. SUMMARY This enactment introduces a modern framework for the taxation of spirits, wine and tobacco. It re-enacts existing provisions in the Excise Act and the Excise Tax Act relating to the excise levies on these products, together with technical improvements, and incorporates a range of new provisions. The key features of the enactment include the following: (a) the continued imposition of a production levy on spirits, tobacco products and raw leaf tobacco and the replacement of the existing excise levy on sales of wine with a production levy at an equivalent rate; (b) the replacement of the excise duty and excise tax on tobacco products other than cigars with a single excise duty; (c) the introduction of excise warehouses to allow for the deferral of the payment of the production levy on domestic and imported spirits and wine to the time of sale to the retailer; (d) more comprehensive licensing requirements and new registration requirements for persons carrying on activities in relation to goods subject to duty; (e) explicit recognition of limited exemptions for certain goods produced by individuals for their personal use; (f) tight new controls on the possession and distribution of goods on which duty has not been paid; (g) modern provisions concerning the use of spirits and wine for non-beverage purposes and the use of specially denatured alcohol; (h) updated administrative provisions, including new remittance, assessment and appeal provisions that are similar to those under the Goods and Services Tax/Harmonized Sales Tax legislation; (i) updated enforcement provisions, including new offence, penalty and collection provisions; and (j) transitional provisions applicable to spirits, wine and tobacco products produced before the enactment comes into force. ��� ������������� ������������ ��� ��������� �� ��� ������������� �������� ������������� �� ��� ��������� �������� ��������������������� This enactment also implements changes to the ships’ stores provisions, which were announced by the government on September 27, 2001. These changes broaden the enabling legislation for ships’ stores regulations and implement a temporary fuel tax rebate program for certain ships that, as a result of amendments to the Ships’ Stores Regulations effective June 1, 2002, will no longer qualify for ships’ stores relief. Furthermore, this enactment implements the tobacco tax increases announced by the government on November 1, 2001. Finally, the replacement of the existing provisions in the Excise Act and the Excise Tax Act relating to the excise levies on spirits, wine and tobacco necessitates consequential amendments to those Acts as well as other Acts, including the Budget Implementation Act, 2000, the Canada Customs and Revenue Agency Act, the Criminal Code, the Customs Act, the Customs and Excise Offshore Application Act, the Customs Tariff, the Export Act, the Importation of Intoxicating Liquors Act, the Special Economic Measures Act and the Tax Court of Canada Act. TABLE OF PROVISIONS AN ACT RESPECTING THE TAXATION OF SPIRITS, WINE AND TOBACCO AND THE TREATMENT OF SHIPS’ STORES SHORT TITLE 1. Short title 2. Definitions 3. References to other enactments 4. Meaning of ‘‘administration or enforcement of this Act’’ 5. Constructive possession 6. Arm’s length INTERPRETATION PART 1 APPLICATION AND ADMINISTRATIVE MATTERS Application to Her Majesty 7. Act binding on Her Majesty Administration and Officers 8. Minister’s duty 9. Officers and employees 10. Designation of police forces 11. Designation of analysts 12. Administration of oaths Inquiries 13. Authorization of inquiry PART 2 LICENCES AND REGISTRATIONS Licences 14. Issuance Registrations 15. Ferment-on-premises registration 16. User’s registration 17. Alcohol registration 18. SDA registration �� Excise Warehouses 19. Issuance of licence Special Excise Warehouses 20. Issuance of licence 21. Return of tobacco products Duty Free Shops 22. Issuance of licence General 23. Refusal to issue licence or registration 24. Compliance with Act PART 3 TOBACCO Regulation of Tobacco 25. 26. Manufacturing tobacco product without a licence prohibited Tobacco dealer 27. Unlawful packaging or stamping 28. Unlawful removal 29. Prohibition — certain tobacco products for sale, etc. 30. Selling, etc., unstamped raw leaf tobacco 31. Exceptions to sections 26 and 30 32. Unlawful possession or sale of tobacco products 33. No sale or distribution except in original package 34. Packaging and stamping of tobacco 35. Packaging and stamping of imported tobacco 36. Absence of stamping — notice 37. Unstamped products to be warehoused 38. No warehousing of tobacco without markings 39. Non-compliant imports 40. Removal of raw leaf tobacco or waste tobacco 41. Re-working or destruction of tobacco Duty on Tobacco 42. Imposition 43. Additional duty on cigars 44. Application of Customs Act 45. Duty relieved 46. Duty relieved — raw leaf tobacco 47. Duty relieved — stamped tobacco imported by individual �� 48. Duty relieved — importation for destruction Excise Warehouses 49. Restriction — entering tobacco 50. Definitions 51. Removal of imported tobacco product 52. Restriction — special excise warehouse Special Duties on Tobacco Products 53. 54. Special duty on imported manufactured tobacco delivered to duty free shop Meaning of ‘‘traveller’s tobacco’’ 55. Definition of ‘‘tobacco product’’ 56. Imposition 57. Duty relieved — deliveries to a foreign duty free shop and as foreign ships’ stores Duty relieved — prescribed tobacco product 58. PART 4 ALCOHOL General 59. Application — Importation of Intoxicating Liquors Act 60. Prohibition — production and packaging of spirits 61. Prohibition — possession of still 62. Prohibition — production and packaging of wine 63. Prohibition — sale of wine produced for personal use 64. Wine produced by individual 65. Prohibition — ferment-on-premises facility 66. Application — in-transit and transhipped alcohol 67. Prohibition — sale of alcohol 68. Availability and sampling of imported DA and SDA Bulk Alcohol 69. Prohibition — ownership of bulk alcohol 70. Prohibition — possession 71. Prohibition — supply of spirits 72. Prohibition — supply of wine 73. Restriction — licensed user 74. Importation — bulk spirits 75. Importations involving a provincial authority 76. Unauthorized export 77. Marked container deemed packaged Special Containers of Spirits �� 78. Marking 79. Importation 80. Marking of imported container 81. Imported container to be warehoused Special Containers of Wine 82. Marked container deemed packaged 83. Marking 84. Importation 85. Marking of imported container 86. Imported container to be warehoused Packaged Alcohol 87. Information on container 88. Prohibition — possession 89. Storage 90. Restriction — licensed user 91. Restriction — registered user 92. Unauthorized removal — spirits 93. Unauthorized removal — wine Denatured Alcohol and Specially Denatured Alcohol 94. Prohibition — denaturing of spirits 95. Prohibition — sale as beverage 96. Prohibition — use of SDA 97. Prohibition — possession of SDA 98. Prohibition — supply of SDA 99. Prohibition — sale of SDA 100. Prohibition — importing of SDA 101. Spirits mistakenly imported as DA or SDA 102. Prohibition — exporting of SDA 103. Restriction on disposal Responsibility for Bulk Spirits 104. Responsibility 105. Return of spirits purchased from unlicensed person 106. Exception — provincial ownership 107. Spirits imported by licensed user 108. Blended spirits — joint and several or solidary responsibility 109. Person not responsible 110. Notification of change of ownership 111. Removal of special container 112. Removal of spirits � Responsibility for Bulk Wine 113. Responsibility 114. Return of wine purchased from unlicensed person 115. Exception — provincial ownership 116. Wine imported by licensed user 117. Blended wine — joint and several or solidary responsibility 118. Person not responsible 119. Notification of change of ownership 120. Removal of special container 121. Removal of wine 122. Imposition — domestic spirits 123. Imposition — low alcoholic strength spirits 124. Duty payable when packaged 125. Duty payable when removed from warehouse 126. Duty payable on bulk spirits taken for use 127. Duty payable on unaccounted bulk spirits 128. Duty payable on packaged spirits taken for use 129. Duty payable on unaccounted packaged spirits 130. Fortifying wine 131. Blending wine with spirits 132. Duty relieved — DA and SDA 133. Imposition of special duty 134. Imposition — bulk wine taken for use 135. Imposition — wine packaged in Canada 136. Duty payable on removal from warehouse 137. Duty payable on packaged wine taken for use 138. Duty payable on unaccounted packaged wine 139. Duty on wine in marked special container relieved Imposition and Payment of Duty on Alcohol Liability of Excise Warehouse Licensees and Licensed Users 140. Non-duty-paid packaged alcohol 141. Imported packaged alcohol 142. Transfer between warehouse licensees Non-dutiable Uses and Removals of Alcohol 143. Approved formulations 144. Non-dutiable uses — approved formulations 145. Duty not payable — bulk alcohol 146. Duty not payable — vinegar 147. Duty not payable — packaged alcohol � Determining Volume of Alcohol 148. Volume of alcohol Excise Warehouses 149. Restriction — entering into warehouse 150. Import by warehouse licensee 151. Restriction on removal 152. Return of duty-paid alcohol 153. Return of non-duty-paid alcohol 154. Supplying packaged alcohol to retail store 155. Exception for remote stores 156. Removal of special container 157. Removal of packaged wine from excise warehouse 158. Removal of packaged spirits from excise warehouse PART 5 GENERAL PROVISIONS CONCERNING DUTY AND OTHER AMOUNTS PAYABLE Fiscal Month 159. Determination of fiscal months Returns and Payment of Duty and Other Amounts 160. Filing by licensee 161. Filing by other persons 162. Set-off of refunds 163. Large payments 164. Authority for separate returns 165. Small amounts owing 166. Meaning of ‘‘electronic filing’’ 167. Execution of returns, etc. 168. Extension of time 169. Demand for return Interest 170. Compound interest on amounts not paid when required 171. Compound interest on amounts owed by Her Majesty 172. Application of interest provisions if Act amended 173. Waiving or reducing interest Refunds 174. Statutory recovery rights 175. Applications for refunds 176. Payment if error 177. Restriction on refunds, etc. 178. Restriction re trustees �� 179. Overpayment of refunds, etc. 180. No refund on exported tobacco products or alcohol 181. Re-worked or destroyed tobacco products 182. Refund of tax to importer if foreign taxes paid 183. Refund of special duty to duty free shop licensee 184. Payment if bad debt 185. Refund — imported bulk spirits 186. Refund — alcohol returned to warehouse 187. Refund — alcohol in special container Assessments 188. Assessments 189. Assessment of refund 190. No assessment for penalty 191. Limitation period for assessments 192. Minister not bound 193. Notice of assessment 194. Assessment payable Objections to Assessment 195. Objection to assessment 196. Extension of time by Minister Appeal 197. Extension of time by Tax Court 198. Appeal to Tax Court 199. Extension of time to appeal 200. Limitation on appeals to the Tax Court 201. Institution of appeals 202. Notice to the Commissioner 203. Disposition of appeal 204. References to Tax Court 205. Reference of common questions to Tax Court Records and Information 206. Keeping records — general 207. Objection or appeal 208. Requirement to provide records or information 209. Compliance order 210. Meaning of ‘‘foreign-based information or record’’ 211. Definitions applicable to confidentiality provisions Bankruptcies and Corporate Reorganizations 212. Definitions 213. Amalgamations �� PART 6 ENFORCEMENT Offences and Punishment 214. Unlawful production, sale, etc., of tobacco or alcohol 215. Punishment — section 30 216. Punishment — section 32 217. Punishment for certain alcohol offences 218. Punishment for more serious alcohol offences 219. Falsifying or destroying records 220. Obstruction of officer 221. Offence — confidential information 222. Other contraventions 223. Defence of due diligence 224. Compliance orders 225. No penalty unless imposed before laying of information 226. Officers of corporations, etc. 227. Offences by employees or agents 228. Power to decrease punishment 229. Information or complaint 230. Property obtained from offences 231. Laundering proceeds of certain offences 232. Part XII.2 of Criminal Code applicable Proceeds of Crime Penalties 233. Contravention of section 34 or 37 234. Contravention of section 38, 40, 41, 49, 61, 99, 149 or 151 235. Penalty for unauthorized export of raw leaf tobacco 236. Diversion of black stock tobacco 237. Diversion of non-duty-paid alcohol 238. Penalty in respect of unaccounted tobacco 239. Other diversions 240. Contravention of subsection 50(5) 241. Contravention of section 71 242. Contravention of section 72 243. Contravention of section 73, etc. 244. Spirits improperly used as DA or SDA 245. Contravention of section 78, 83 or 94 246. Contravention of section 81, 86, 92 or 93 247. Unauthorized possession, etc., of SDA �� 248. Unauthorized removal of marked special container 249. Contravention of section 154 250. Failure to comply 251. Failure to file return 252. Failure to provide information 253. False statements or omissions 254. Notice of imposed penalty 255. When penalty becomes payable 256. Interest on penalty during review period 257. Review of imposed penalty 258. Information for search warrant 259. Warrant not necessary in exigent circumstances 260. By whom 261. Custody of seized things 262. Copies of records 263. Officer must give notification of seizure 264. Certain things not to be returned 265. Return if security provided 266. Dealing with things seized Penalty Imposition Search Warrants Inspections Return or Disposal of Things Seized Forfeitures 267. Forfeiture from time of contravention 268. Thing no longer forfeit 269. Review of forfeiture Review of Imposed Penalty or Seizure 270. Penalty imposed or seizure made in error 271. Request for Minister’s decision 272. Extension of time by Minister 273. Decision of the Minister 274. If no contravention occurred 275. If contravention occurred — penalty 276. Federal Court 277. Restoration of things seized pending appeal Third Party Claims 278. Third party may claim interest in seized or forfeited thing 279. Extension of time by Minister 280. Application to court � 281. Order 282. Appeal 283. Delivery to applicant Collection 284. Debts to Her Majesty 285. Security 286. Collection restrictions 287. Authorization to proceed without delay 288. Certificates 289. Garnishment 290. Recovery by deduction or set-off 291. Acquisition of debtor’s property 292. Money seized from debtor 293. Seizure — failure to pay duty, etc. 294. Person leaving Canada or defaulting 295. Liability of directors 296. Compliance by unincorporated bodies 297. Liability re transfers not at arm’s length Evidence and Procedure 298. Venue 299. Service 300. Sending by mail 301. Proof of service by mail 302. Certificate of analysis 303. Certificate or report of analyst as proof PART 7 304. REGULATIONS Regulations — Governor in Council PART 8 TRANSITIONAL PROVISIONS AND CONSEQUENTIAL, RELATED AND COORDINATING AMENDMENTS Transitional Provisions 305. Meaning of ‘‘implementation date’’ 306. Transitional treatment of duties on packaged spirits 307. Transitional treatment of duties on bulk spirits 308. Transitional treatment of excise taxes on wine 309. Transitional treatment of packaged wine in inventory of small manufacturers � 310. Application of Act to tax-paid packaged wine 311. Application of Act to tax-paid bulk wine 312. Definitions 313. Application of Act to spirits to be used for scientific purposes 314. Application of Act to alcohol in bottle-your-own premises 315. Removal of alcohol from customs bonded warehouse 316. Transitional treatment of Canadian manufactured tobacco products 317. Transitional treatment of imported tobacco products 318. Transitional treatment of imported raw leaf tobacco 319. Removal of cigars from customs bonded warehouse 320. Removal of tobacco products from bonding warehouse of manufacturer Consequential and Related Amendments 321. Budget Implementation Act, 2000 322-323. Canada Customs and Revenue Agency Act 324-327. Criminal Code 328-344. Customs Act 345. Customs and Excise Offshore Application Act 346-362. Customs Tariff 363-365. Excise Act 366-392. Excise Tax Act 393. Export Act 394-395. Importation of Intoxicating Liquors Act 396. Special Economic Measures Act 397-407. Tax Court of Canada Act Coordinating Amendments 408. 2001, c. 25 409. Bill C-24 410. Bill C-30 411. Bill C-32 PART 9 AMENDMENTS RELATED TO EXCISE TAX ON TOBACCO PRODUCTS 412. Customs Tariff 413-419. Excise Tax Act 420. Interest 421. Coming into force �� PART 10 AMENDMENTS RELATED TO SHIPS’ STORES 422. Customs Act 423. Customs Tariff 424. Customs Tariff 425. Excise Act 426. Excise Tax Act 427-429. Excise Tax Act 430-431. Ships’ Stores Regulations 432. Ships Suppliers Drawback Regulations PART 11 433. COMING INTO FORCE Coming into force SCHEDULES 1 TO 7 49-50-51 ELIZABETH II CHAPTER 22 An Act respecting the taxation of spirits, wine and tobacco and the treatment of ships’ stores [Assented to 13th June, 2002] Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: SHORT TITLE Short title 1. This Act may be cited as the Excise Act, 2001. Definitions 2. The definitions in this section apply in this Act. ‘‘absolute ethyl alcohol’’ « alcool éthylique absolu » ‘‘absolute ethyl alcohol’’ means the substance with the chemical composition C2H5OH. ‘‘accredited representative’’ « représentant accrédité » ‘‘accredited representative’’ means a person who is entitled under the Foreign Missions and International Organizations Act to the tax exemptions specified in Article 34 of the Convention set out in Schedule I to that Act or in Article 49 of the Convention set out in Schedule II to that Act. ‘‘Agency’’ « Agence » ‘‘Agency’’ means the Canada Customs and Revenue Agency established under subsection 4(1) of the Canada Customs and Revenue Agency Act. ‘‘alcohol’’ « alcool » ‘‘alcohol’’ means spirits or wine. ‘‘alcohol licensee’’ « titulaire de licence d’alcool » ‘‘alcohol licensee’’ means a person who is a spirits licensee or a wine licensee. ‘‘alcohol registrant’’ « détenteur autorisé d’alcool » ‘‘alcohol registrant’’ means a person who holds an alcohol registration issued under section 17. INTERPRETATION � C. 22 Excise, ‘‘analyst’’ « analyste » ‘‘analyst’’ means a person who is designated as an analyst under section 11. ‘‘approved formulation’’ « préparation approuvée » ‘‘approved formulation’’ means (a) any product made with alcohol by a licensed user in accordance with a formula for which the user has approval from the Minister; and (b) any imported product that, in the opinion of the Minister, would be a product under paragraph (a) if it were made in Canada by a licensed user. ‘‘assessment’’ « cotisation » ‘‘assessment’’ means an assessment under this Act and includes a reassessment. ‘‘beer’’ « bière » ‘‘beer’’ means beer or malt liquor as defined in section 4 of the Excise Act. ‘‘black stock’’ « non ciblé » ‘‘black stock’’, in respect of manufactured tobacco, means that the tobacco is stamped but not marked in accordance with any statute of a province to indicate that it is intended for retail sale in a particular province or in particular provinces. ‘‘bottle-yourown premises’’ « centre de remplissage libre-service » ‘‘bottle-your-own premises’’ means premises in which, in accordance with the laws of the province in which they are located, alcohol is supplied from a marked special container of alcohol for the purpose of being packaged by a purchaser. ‘‘bulk’’ « en vrac » ‘‘bulk’’, in respect of alcohol, means alcohol that is not packaged. ‘‘cigar’’ « cigare » ‘‘cigar’’ includes (a) a cigarillo or cheroot; and (b) any roll or tubular construction intended for smoking that consists of a filler composed of pieces of natural or reconstituted leaf tobacco, a binder of natural or reconstituted leaf tobacco in which the filler is wrapped and a wrapper of natural or reconstituted leaf tobacco. ‘‘cigarette’’ « cigarette » ‘‘cigarette’’ includes any roll or tubular construction intended for smoking, other than a cigar or a tobacco stick. If a cigarette exceeds 102 mm in length, each portion of 76 mm or less is considered to be a separate cigarette. 2001-2002 Accise ( ‘‘Commissioner’’ « commissaire » ‘‘Commissioner’’ means the Commissioner of Customs and Revenue, appointed under section 25 of the Canada Customs and Revenue Agency Act. ‘‘container’’ « contenant » ‘‘container’’, in respect of a tobacco product, means a wrapper, package, carton, box, crate or other container that contains the tobacco product. ‘‘customs bonded carrier’’ « transporteur cautionné » ‘‘customs bonded carrier’’ means a person who transports or causes to be transported goods in accordance with section 20 of the Customs Act. ‘‘customs bonded warehouse’’ « entrepôt de stockage » ‘‘customs bonded warehouse’’ means a place that is licensed as a bonded warehouse under the Customs Tariff. ‘‘customs bonded warehouse licensee’’ « exploitant agréé d’entrepôt de stockage » ‘‘customs bonded warehouse licensee’’ means a person licensed under the Customs Tariff to operate a bonded warehouse. ‘‘data’’ « données » ‘‘data’’ means representations, in any form, of information or concepts. ‘‘denature’’ « dénaturation » ‘‘denature’’ means to denature spirits into denatured alcohol or specially denatured alcohol using prescribed denaturants in the prescribed manner. ‘‘denatured alcohol’’ « alcool dénaturé » ‘‘denatured alcohol’’ means any prescribed grade of denatured alcohol made from spirits in accordance with the prescribed specification for that grade. ‘‘duty’’ « droit » ‘‘duty’’ means, unless a contrary intention appears, the duty imposed under this Act and the duty levied under section 21.1 or 21.2 of the Customs Tariff and, except in Parts 3 and 4, includes special duty. ‘‘duty free shop’’ « boutique hors taxes » ‘‘duty free shop’’ means a place that is licensed as a duty free shop under the Customs Act. ‘‘duty free shop licensee’’ « exploitant agréé de boutique hors taxes » ‘‘duty free shop licensee’’ means a person licensed under the Customs Act to operate a duty free shop. � C. 22 Excise, ‘‘duty-paid market’’ « marché des marchandises acquittées » ‘‘duty-paid market’’ means the market for goods in respect of which duty, other than special duty, is payable. ‘‘duty-paid value’’ « valeur à l’acquitté » ‘‘duty-paid value’’ means (a) in respect of imported cigars, the value of the cigars as it would be determined for the purpose of calculating an ad valorem duty on the cigars in accordance with the Customs Act, whether or not the cigars are subject to ad valorem duty, plus the amount of any duty imposed on the cigars under section 42 of this Act and section 20 of the Customs Tariff; and (b) in respect of imported cigars that, when imported, are contained in containers or otherwise prepared for sale, the total of the value of the cigars as determined in accordance with paragraph (a) and the value similarly determined of the container in which they are contained. ‘‘excise warehouse’’ « entrepôt d’accise » ‘‘excise warehouse’’ means the premises of an excise warehouse licensee that are specified by the Minister as the excise warehouse of the licensee. ‘‘excise warehouse licensee’’ « exploitant agréé d’entrepôt d’accise » ‘‘excise warehouse licensee’’ means a person who holds an excise warehouse licence issued under section 19. ‘‘export’’ « exportation » ‘‘export’’ means to export from Canada. ‘‘ferment-onpremises facility’’ « vinerie libre-service » ‘‘ferment-on-premises facility’’ means the premises of a ferment-on-premises registrant that are specified by the Minister as the registrant’s ferment-on-premises facility. ‘‘ferment-onpremises registrant’’ « exploitant autorisé de vinerie libre-service » ‘‘ferment-on-premises registrant’’ means a person who holds a ferment-on-premises registration issued under section 15. ‘‘fiscal month’’ « mois d’exercice » ‘‘fiscal month’’ means a fiscal month as determined under section 159. 2001-2002 Accise ( ‘‘foreign duty free shop’’ « boutique hors taxes à l’étranger » ‘‘foreign duty free shop’’ means a retail store that is located in a country other than Canada and that is authorized under the laws of that country to sell goods free of certain duties and taxes to individuals who are about to leave that country. ‘‘foreign ships’ stores’’ « provisions de bord à l’étranger » ‘‘foreign ships’ stores’’ means tobacco products taken on board a vessel or aircraft while the vessel or aircraft is outside Canada and that are intended for consumption by or sale to the passengers or crew while the passengers and crew are on board the vessel or aircraft. ‘‘Her Majesty’’ « Sa Majesté » ‘‘Her Majesty’’ means Her Majesty in right of Canada. ‘‘import’’ « importation » ‘‘import’’ means to import into Canada. ‘‘intoxicating liquor’’ « boisson enivrante » ‘‘intoxicating liquor’’ has the same meaning as in section 2 of the Importation of Intoxicating Liquors Act. ‘‘judge’’ « juge » ‘‘judge’’, in respect of any matter, means a judge of a superior court having jurisdiction in the province in which the matter arises or a judge of the Federal Court. ‘‘licensed tobacco dealer’’ « commerçant de tabac agréé » ‘‘licensed tobacco dealer’’ means a person who holds a tobacco dealer’s licence issued under section 14. ‘‘licensed user’’ « utilisateur agréé » ‘‘licensed user’’ means a person who holds a user’s licence issued under section 14. ‘‘liquor authority’’ « administration des alcools » ‘‘liquor authority’’ means a government board, commission or agency that is authorized by the laws of a province to sell intoxicating liquor. ‘‘manufacture’’ « fabrication » ‘‘manufacture’’, in respect of a tobacco product, includes any step in the preparation or working up of raw leaf tobacco into the tobacco product. It includes packing, stemming, reconstituting, converting or packaging the raw leaf tobacco or tobacco product. ‘‘manufactured tobacco’’ « tabac fabriqué » ‘‘manufactured tobacco’’ means every article, other than a cigar or packaged raw leaf tobacco, that is manufactured in whole or in part from raw leaf tobacco by any process. ‘‘mark’’ « marquer » ‘‘mark’’ means, in respect of � C. 22 Excise, (a) a special container of spirits, to mark in the prescribed form and manner to indicate that the container is intended for (i) delivery to and use by a registered user, or (ii) delivery to and use at a bottle-yourown premises; and (b) a special container of wine, to mark in the prescribed form and manner to indicate that the container is intended for delivery to and use at a bottle-your-own premises. ‘‘Minister’’ « ministre » ‘‘Minister’’ means the Minister of National Revenue. ‘‘month’’ « mois » ‘‘month’’ means a period beginning on a particular day in a calendar month and ending on (a) the day immediately before the day in the next calendar month that has the same calendar number as the particular day; or (b) if the next calendar month does not have a day that has the same calendar number as the particular day, the last day of that next calendar month. ‘‘non-duty-paid’’ « non acquitté » ‘‘non-duty-paid’’, in respect of packaged alcohol, means that duty, other than special duty, has not been paid on the alcohol. ‘‘officer’’ « préposé » ‘‘officer’’, except in sections 167, 226 and 296, means a person who is appointed or employed in the administration or enforcement of this Act, a member of the Royal Canadian Mounted Police or a member of a police force designated under subsection 10(1). ‘‘packaged’’ « emballé » ‘‘packaged’’ means (a) in respect of raw leaf tobacco or a tobacco product, packaged in a prescribed package; or (b) in respect of alcohol, packaged (i) in a container of a capacity of not more than 100 L that is ordinarily sold to consumers without the alcohol being repackaged, or (ii) in a marked special container. 2001-2002 Accise ( ‘‘partially manufactured tobacco’’ « tabac partiellement fabriqué » ‘‘partially manufactured tobacco’’ means manufactured tobacco that is cut filler or cut rag or that is manufactured less fully than cut filler or cut rag. ‘‘peace officer’’ « agent de la paix » ‘‘peace officer’’ has the same meaning as in section 2 of the Criminal Code. ‘‘person’’ « personne » ‘‘person’’ means an individual, a partnership, a corporation, a trust, the estate of a deceased individual, a government or a body that is a society, a union, a club, an association, a commission or another organization of any kind. ‘‘personal use’’ « usage personnel » ‘‘personal use’’, in relation to the use of a good by an individual, means the use of the good by the individual or by others at the individual’s expense. It does not include the sale or other commercial use of the good. ‘‘prescribed’’ Version anglaise seulement ‘‘prescribed’’ means (a) in the case of a form or the manner of filing a form, authorized by the Minister; (b) in the case of the information to be given on or with a form, specified by the Minister; and (c) in any other case, prescribed by regulation or determined in accordance with rules prescribed by regulation. ‘‘produce’’ « production » ‘‘produce’’ means (a) in respect of spirits, to bring into existence by distillation or other process or to recover; or (b) in respect of wine, to bring into existence by fermentation. ‘‘raw leaf tobacco’’ « tabac en feuilles » ‘‘raw leaf tobacco’’ means unmanufactured tobacco or the leaves and stems of the tobacco plant. ‘‘record’’ « registre » ‘‘record’’ means any material on which data are recorded or marked and which is capable of being read or understood by a person or a computer system or other device. ‘‘registered user’’ « utilisateur autorisé » ‘‘registered user’’ means a person who holds a user’s registration issued under section 16. � C. 22 Excise, ‘‘responsible’’ « responsable » ‘‘responsible’’, in relation to a person, means that the person is responsible for bulk alcohol in accordance with sections 104 to 121. ‘‘sale price’’ « prix de vente » ‘‘sale price’’, in respect of cigars, means the total of (a) the amount charged as the price for the cigars before an amount payable in respect of a tax under Part IX of the Excise Tax Act is added, (b) the amount charged as the price for or in respect of the container in which the cigars are contained, (c) any amount that the purchaser is liable to pay to the vendor by reason of or in respect of the sale of the cigars in addition to the amount charged as the price, whether payable at the same or any other time, including, but not limited to, any amount charged for or to make provision for advertising, financing, commissions or any other matter, and (d) the amount of duty imposed on the cigars under section 42. ‘‘SDA registrant’’ « détenteur autorisé d’alcool spécialement dénaturé » ‘‘SDA registrant’’ means a person who holds a specially denatured alcohol registration issued under section 18. ‘‘special container’’ « contenant spécial » ‘‘special container’’ means (a) in respect of spirits, a container of a capacity of more than 100 L but not more than 1,500 L; and (b) in respect of wine, a container of a capacity of more than 100 L. ‘‘special duty’’ « droit spécial » ‘‘special duty’’ means (a) in respect of a tobacco product, a special duty imposed under subsection 53(1), 54(2) or 56(1); and (b) in respect of imported spirits, the special duty imposed under subsection 133(1). 2001-2002 Accise ( ‘‘special excise warehouse’’ « entrepôt d’accise spécial » ‘‘special excise warehouse’’ means the premises of a special excise warehouse licensee that are specified by the Minister as the special excise warehouse of the licensee. ‘‘special excise warehouse licensee’’ « exploitant agréé d’entrepôt d’accise spécial » ‘‘special excise warehouse licensee’’ means a person who holds a special excise warehouse licence issued under section 20. ‘‘specially denatured alcohol’’ « alcool spécialement dénaturé » ‘‘specially denatured alcohol’’ means any prescribed grade of specially denatured alcohol made from spirits in accordance with the prescribed specification for that grade. ‘‘specified premises’’ « local déterminé » ‘‘specified premises’’, in respect of a licensed user, means the premises of the licensed user that are specified by the Minister under subsection 23(3). ‘‘spirits’’ « spiritueux » ‘‘spirits’’ means any material or substance containing more than 0.5% absolute ethyl alcohol by volume other than (a) wine; (b) beer; (c) vinegar; (d) denatured alcohol; (e) specially denatured alcohol; (f) an approved formulation; or (g) any product containing or manufactured from a material or substance referred to in paragraphs (b) to (f) that is not consumable as a beverage. ‘‘spirits licensee’’ « titulaire de licence de spiritueux » ‘‘spirits licensee’’ means a person who holds a spirits licence issued under section 14. ‘‘stamped’’ « estampillé » ‘‘stamped’’, in respect of a tobacco product, means that all prescribed information in a prescribed format is, in the prescribed manner, stamped, impressed, printed or marked on, indented into or affixed to the product or its container to indicate that duty, other than special duty, has been paid on the product. ‘‘sufferance warehouse’’ « entrepôt d’attente » ‘‘sufferance warehouse’’ has the same meaning as in subsection 2(1) of the Customs Act. �� C. 22 Excise, ‘‘sufferance warehouse licensee’’ « exploitant agréé d’entrepôt d’attente » ‘‘sufferance warehouse licensee’’ means a person licensed under the Customs Act to operate a sufferance warehouse. ‘‘take for use’’ « utilisation pour soi » ‘‘take for use’’, in respect of alcohol, means to consume, analyze or destroy alcohol or to use alcohol for any purpose that results in a product other than alcohol. ‘‘Tax Court’’ « Cour de l’impôt » ‘‘Tax Court’’ means the Tax Court of Canada. ‘‘tobacco dealer’’ « commerçant de tabac » ‘‘tobacco dealer’’ means a person, other than a tobacco licensee, who (a) purchases for resale, sells or offers to sell raw leaf tobacco on which duty is not imposed under this Act; and (b) does not take physical possession of the tobacco. ‘‘tobacco licensee’’ « titulaire de licence de tabac » ‘‘tobacco licensee’’ means a person who holds a tobacco licence issued under section 14. ‘‘tobacco marking’’ « mention obligatoire » ‘‘tobacco marking’’ means prescribed information that is required under this Act to be printed on or affixed to a container of tobacco products that are not required under this Act to be stamped. ‘‘tobacco product’’ « produit du tabac » ‘‘tobacco product’’ means manufactured tobacco, packaged raw leaf tobacco or cigars. ‘‘tobacco stick’’ « bâtonnet de tabac » ‘‘tobacco stick’’ means any roll or tubular construction of tobacco intended for smoking, other than a cigar, that requires further preparation to be consumed. If a tobacco stick exceeds 90 mm in length or 800 mg, each portion of 60 mm or less or each portion of 650 mg or less, respectively, is considered to be a separate stick. ‘‘wine’’ « vin » ‘‘wine’’ means (a) a beverage, containing more than 0.5% absolute ethyl alcohol by volume, that is produced without distillation, other than distillation to reduce the absolute ethyl alcohol content, by the alcoholic fermentation of 2001-2002 Accise ( (i) an agricultural product other than grain, (ii) a plant or plant product, other than grain, that is not an agricultural product, or (iii) a product wholly or partially derived from an agricultural product or plant or plant product other than grain; (b) sake; and (c) a beverage described by paragraph (a) or (b) that is fortified not in excess of 22.9% absolute ethyl alcohol by volume. ‘‘wine licensee’’ « titulaire de licence de vin » ‘‘wine licensee’’ means a person who holds a wine licence issued under section 14. References to other enactments 3. A reference in this Act to a repealed enactment, or a portion of it, of the legislature of a province or territory shall, with respect to a subsequent transaction, matter or thing, be read as a reference to the provisions of any enactment replacing the repealed enactment or portion that relate to the same subject-matter as the repealed enactment or portion. If there is no replacement enactment or portion, or if there are no provisions in the replacement enactment that relate to the same subject-matter, the repealed enactment or portion shall be read as unrepealed in so far as is necessary to maintain or give effect to the reference. Meaning of ‘‘administration or enforcement of this Act’’ 4. For greater certainty, a reference in this Act to ‘‘administration or enforcement of this Act’’ includes the collection of any amount payable under this Act. Constructive possession 5. (1) For the purposes of subsections 30(1) and 32(1), section 61, subsections 70(1) and 88(1) and sections 230 and 231, if one of two or more persons, with the knowledge and consent of the rest of them, has anything in the person’s possession, it is deemed to be in the custody and possession of each and all of them. Meaning of ‘‘possession’’ (2) In this section and in subsections 30(1) and 32(1), section 61 and subsections 70(1) and 88(1), ‘‘possession’’ means not only having in one’s own personal possession but also knowingly �� C. 22 Excise, (a) having in the actual possession or custody of another person; or (b) having in any place, whether belonging to or occupied by one’s self or not, for one’s own use or benefit or that of another person. Arm’s length 6. (1) For the purposes of this Act, (a) related persons are deemed not to deal with each other at arm’s length; and (b) it is a question of fact whether persons not related to each other were, at any particular time, dealing with each other at arm’s length. Related persons (2) For the purposes of this Act, persons are related to each other if they are related persons within the meaning of subsections 251(2) to (6) of the Income Tax Act, except that (a) a reference in those subsections to ‘‘corporation’’ shall be read as a reference to ‘‘corporation or partnership’’; and (b) a reference in those subsections to ‘‘shares’’ or ‘‘shareholders’’ shall, in respect of a partnership, be read as a reference to ‘‘rights’’ or ‘‘partners’’, respectively. PART 1 APPLICATION AND ADMINISTRATIVE MATTERS Application to Her Majesty Act binding on Her Majesty 7. This Act is binding on Her Majesty and Her Majesty in right of a province. Administration and Officers Minister’s duty 8. The Minister shall administer and enforce this Act and the Commissioner may exercise the powers and perform the duties of the Minister under this Act. Officers and employees 9. (1) The officers, employees and agents that are necessary to administer and enforce this Act shall be appointed, employed or engaged in the manner authorized by law. 2001-2002 Accise ( Delegation of powers (2) The Minister may authorize a designated officer or agent or a class of officers or agents to exercise powers or perform duties of the Minister, including any judicial or quasijudicial power or duty of the Minister, under this Act. Designation of police forces 10. (1) The Minister and the Solicitor General of Canada may designate any police force in Canada for the purposes of the enforcement of any of the provisions of this Act that are specified in the designation, subject to any terms and conditions specified in the designation, for any period specified in the designation. Persons to have powers and duties of officers (2) All members of a police force designated under subsection (1) have the powers and duties of an officer for the purposes of the enforcement of the provisions of this Act specified in the designation. Designation to be published (3) A designation under subsection (1) or any variation or cancellation of that designation must be published in the Canada Gazette and is not effective before it is so published. Designation of analysts 11. The Minister may designate any person or class of persons as an analyst for the purposes of this Act. Administration of oaths 12. Any officer, if designated by the Minister for the purpose, may administer oaths and take and receive affidavits, declarations and affirmations for the purposes of or incidental to the administration or enforcement of this Act, and every officer so designated has for those purposes all the powers of a commissioner for administering oaths or taking affidavits. Inquiries Authorization of inquiry 13. (1) The Minister may, for any purpose related to the administration or enforcement of this Act, authorize any person, whether or not the person is an officer, to make any inquiry that the Minister considers necessary with reference to anything relating to the administration or enforcement of this Act. �� C. 22 Excise, Appointment of hearing officer (2) If the Minister authorizes a person to make an inquiry, the Minister shall without delay apply to the Tax Court for an order appointing a hearing officer before whom the inquiry will be held. Powers of hearing officer (3) For the purposes of an inquiry, a hearing officer has all of the powers conferred on a commissioner under sections 4 and 5 of the Inquiries Act and that may be conferred on a commissioner under section 11 of that Act. When powers to be exercised (4) A hearing officer shall exercise the powers conferred on a commissioner under section 4 of the Inquiries Act in relation to any person that the person authorized to make the inquiry considers appropriate for the conduct of the inquiry, but the hearing officer shall not exercise the power to punish any person unless, on application by the hearing officer, a judge certifies that the power may be exercised in the matter disclosed in the application and the applicant has given to the person in respect of whom the power is proposed to be exercised 24 hours notice of the hearing of the application, or any shorter notice that the judge considers reasonable. Rights of witnesses (5) Any person who gives evidence in an inquiry is entitled to be represented by counsel and, on request made by the person to the Minister, to receive a transcript of that evidence. Rights of person investigated (6) Any person whose affairs are investigated in the course of an inquiry is entitled to be present and to be represented by counsel throughout the inquiry unless the hearing officer, on application by the Minister or a person giving evidence, orders otherwise in relation to the whole or any part of the inquiry, on the ground that the presence of the person and their counsel, or either of them, would be prejudicial to the effective conduct of the inquiry. 2001-2002 Accise ( PART 2 LICENCES AND REGISTRATIONS Licences Issuance 14. (1) Subject to the regulations, on application, the Minister may issue to a person (a) a spirits licence, authorizing the person to produce or package spirits; (b) a wine licence, authorizing the person to produce or package wine; (c) a user’s licence, authorizing the person to use bulk alcohol or non-duty-paid packaged alcohol; (d) a tobacco licence, authorizing the person to manufacture tobacco products; or (e) a tobacco dealer’s licence, authorizing the person to carry on the activity of a tobacco dealer. Deemed packaging excluded (2) A person is not entitled to a licence under paragraph (1)(a) or (b) by reason only of having been deemed to have packaged alcohol under section 77 or 82. Deemed production excluded (3) A person is not entitled to a licence under paragraph (1)(a) by reason only of having been deemed to have produced spirits under subsection 131(2). Registrations Ferment-onpremises registration 15. Subject to the regulations, on application, the Minister may issue a ferment-onpremises registration to a person authorizing the person to possess at their ferment-onpremises facility bulk wine produced at the premises by an individual and owned by the individual. User’s registration 16. Subject to the regulations, on application, the Minister may issue a user’s registration authorizing the use of non-duty-paid packaged spirits by (a) a scientific and research laboratory in receipt annually of aid from the Government of Canada or a province, for scientific purposes; �� C. 22 Excise, (b) a university or other post-secondary educational institution recognized by a province, for scientific purposes; (c) a health care facility, for medicinal and scientific purposes; or (d) a health institution in receipt annually of aid from the Government of Canada or a province, for medicinal and scientific purposes. Alcohol registration 17. Subject to the regulations, on application, the Minister may issue an alcohol registration to a person authorizing the person to store or transport bulk alcohol or specially denatured alcohol. SDA registration 18. (1) Subject to the regulations, on application, the Minister may issue a specially denatured alcohol registration to a person authorizing the person to possess and use specially denatured alcohol. Restrictions on grades of SDA (2) The Minister may impose restrictions on the use of particular grades of specially denatured alcohol. Excise Warehouses Issuance of licence 19. (1) Subject to the regulations, on application, the Minister may issue an excise warehouse licence to a person who is not a retailer of alcohol authorizing the person to possess in their excise warehouse non-dutypaid packaged alcohol or a tobacco product that is not stamped. Eligible retailers of alcohol (2) Even if they are retailers of alcohol, the following persons may be issued an excise warehouse licence under subsection (1): (a) an alcohol licensee; (b) a liquor authority; and (c) any person who supplies goods in accordance with the Ships’ Stores Regulations. 2001-2002 Accise ( Special Excise Warehouses Issuance of licence 20. (1) Subject to the regulations, on application, the Minister may issue a special excise warehouse licence to a person who is authorized by a tobacco licensee to be the only person, other than the licensee, who is entitled to distribute to an accredited representative a tobacco product manufactured by the licensee. Single licence (2) The Minister shall not issue to the same person more than one special excise warehouse licence. Licence limited to one premises (3) The Minister shall not specify more than one premises of a special excise warehouse licensee as a special excise warehouse. Return of tobacco products 21. (1) If a person ceases to be authorized by a tobacco licensee to distribute to an accredited representative a tobacco product manufactured by the tobacco licensee, (a) the person shall immediately return the tobacco product of that licensee that is stored in the person’s special excise warehouse to the excise warehouse of the tobacco licensee; and (b) the tobacco licensee shall immediately notify the Minister in writing that the person has ceased to be so authorized. Cancellation (2) The Minister shall cancel the special excise warehouse licence of the person if the person is no longer authorized by any tobacco licensee to distribute to an accredited representative a tobacco product. Duty Free Shops Issuance of licence 22. Subject to the regulations, the Minister may, on application, issue to a person who is licensed under the Customs Act to operate a duty free shop a licence authorizing the person to possess and sell imported manufactured tobacco that is subject to a special duty under section 53. �� C. 22 Excise, General Refusal to issue licence or registration 23. (1) The Minister may, for any reason the Minister considers sufficient in the public interest, refuse to issue a licence or registration. Amendment or renewal (2) Subject to the regulations, the Minister may amend, suspend, renew, cancel or reinstate any licence or registration. Conditions imposed by Minister (3) On issuing a licence or registration, or at any later time, the Minister (a) may, subject to the regulations, specify the activities that may be carried on under the licence or registration and the premises where those activities may be carried on; (b) shall, in the case of a spirits licence or a tobacco licence, require security in a form satisfactory to the Minister and in an amount determined in accordance with the regulations; and (c) may impose any other conditions that the Minister considers appropriate with respect to the carrying on of activities under the licence or registration. Compliance with Act 24. A licensee or registrant shall not carry on any activity under their licence or registration otherwise than in accordance with this Act. PART 3 TOBACCO Regulation of Tobacco Manufacturing tobacco product without a licence prohibited 25. (1) No person shall, other than in accordance with a tobacco licence issued to the person, manufacture a tobacco product. Deemed manufacturer (2) A person who, whether for consideration or otherwise, provides or offers to provide in their place of business equipment for use in that place by another person in the manufacture of a tobacco product is deemed to be manufacturing the tobacco product and the other person is deemed not to be manufacturing the tobacco product. 2001-2002 Exception — manufacturing for personal use Accise ( (3) An individual who is not a tobacco licensee may manufacture a tobacco product (a) from packaged raw leaf tobacco or manufactured tobacco on which the duty has been paid, if the product is for their personal use; or (b) from raw leaf tobacco grown on land on which the individual resides, if (i) the product is for their personal use or that of the members of their family who reside with the individual and who are 18 years of age or older, and (ii) the quantity of product manufactured in any year does not exceed 15 kg for the individual and each member of the individual’s family who resides with the individual and who is 18 years of age or older. Tobacco dealer 26. No person shall carry on the activity of a tobacco dealer except in accordance with a tobacco dealer’s licence issued to the person. Unlawful packaging or stamping 27. No person shall package or stamp any raw leaf tobacco or tobacco product unless the person (a) is a tobacco licensee; or (b) is the importer or owner of the tobacco or product and it has been placed in a sufferance warehouse for the purpose of being stamped. Unlawful removal 28. (1) Except as permitted under section 40, no person shall remove raw leaf tobacco or a tobacco product from the premises of a tobacco licensee unless the tobacco or product is packaged and (a) if the product is intended for the duty-paid market, it is stamped; or (b) if the product is not intended for the duty-paid market, all tobacco markings that are required under this Act to be printed on or affixed to its container are so printed or affixed. Exception (2) Subsection (1) does not apply to a tobacco licensee who removes from their premises �� C. 22 Excise, (a) raw leaf tobacco for return to a tobacco grower, for delivery to another tobacco licensee or for export; or (b) partially manufactured tobacco for delivery to another tobacco licensee or for export. Prohibition — certain tobacco products for sale, etc. 29. No person shall purchase or receive for sale a tobacco product (a) from a manufacturer who the person knows, or ought to know, is not a tobacco licensee; (b) that is required under this Act to be packaged and stamped unless it is so packaged and stamped; or (c) that the person knows, or ought to know, is fraudulently stamped. Selling, etc., unstamped raw leaf tobacco Exception 30. (1) No person shall dispose of, sell, offer for sale, purchase or have in their possession raw leaf tobacco unless the tobacco is packaged and stamped. (2) Subsection (1) does not apply to (a) a person who is a tobacco licensee; (b) the possession of raw leaf tobacco (i) in a customs bonded warehouse or a sufferance warehouse by the licensee of that warehouse, or (ii) by a body established under provincial law for the marketing of raw leaf tobacco grown in the province; or (c) the sale, offer for sale or purchase of raw leaf tobacco by a licensed tobacco dealer. Exceptions to sections 26 and 30 31. A tobacco grower does not contravene section 26 or 30 by reason only that the grower deals in or has in their possession raw leaf tobacco (a) grown by the grower on their property for sale to a tobacco licensee or a licensed tobacco dealer or for other disposition to a tobacco licensee, if the tobacco is either on the grower’s property or is being transported by the grower (i) in connection with the curing of the tobacco, 2001-2002 Accise ( (ii) for delivery to or return from a tobacco licensee, or (iii) for delivery to or return from a body established under provincial law for the marketing of raw leaf tobacco grown in the province; (b) grown by any other person, if the grower operates a tobacco drying kiln on the grower’s property and the grower’s possession is solely for the purpose of curing the tobacco and returning it to the other person immediately after completion of the curing process or exporting it in accordance with paragraph (c); or (c) that is to be exported, if the grower has the written approval of the Minister and complies with any conditions that the Minister considers appropriate. Unlawful possession or sale of tobacco products 32. (1) No person shall sell, offer for sale or have in their possession a tobacco product unless it is stamped. Exceptions — possession (2) Subsection (1) does not apply to the possession of a tobacco product by (a) a tobacco licensee at the place of manufacture of the product or at the excise warehouse of the licensee; (b) in the case of cigars or imported manufactured tobacco, an excise warehouse licensee at the excise warehouse of the licensee; (c) a special excise warehouse licensee at the special excise warehouse of the licensee, if the tobacco product is one that the licensee is permitted under this Act to distribute; (d) a prescribed person who is transporting the product under prescribed circumstances and conditions; (e) in the case of an imported tobacco product, a customs bonded warehouse licensee or a sufferance warehouse licensee in their warehouse; (f) in the case of cigars, a duty free shop licensee in their duty free shop; �� C. 22 Excise, (g) in the case of imported manufactured tobacco, a duty free shop licensee in their duty free shop if the licensee holds a licence issued under section 22; (h) an accredited representative for their personal or official use; (i) in the case of cigars or imported manufactured tobacco, a person as ships’ stores if the acquisition and possession of the product by that person are in accordance with the Ships’ Stores Regulations; (j) an individual who has imported the product for their personal use in quantities not in excess of prescribed limits; or (k) an individual who has manufactured the product in accordance with subsection 25(3). Exceptions — sale or offer for sale (3) Subsection (1) does not apply where (a) a tobacco licensee sells or offers to sell a tobacco product that is exported by the licensee in accordance with this Act; (b) a tobacco licensee sells or offers to sell (i) a tobacco product to a special excise warehouse licensee, if the product is one that the special excise warehouse licensee is permitted under this Act to distribute, (ii) a tobacco product to an accredited representative for their personal or official use, (iii) cigars to an excise warehouse licensee for delivery as ships’ stores in accordance with the Ships’ Stores Regulations, (iv) cigars to a duty free shop for sale or offer for sale in accordance with the Customs Act, or 2001-2002 Accise ( (v) cigars as ships’ stores in accordance with the Ships’ Stores Regulations; (c) a special excise warehouse licensee sells or offers to sell a tobacco product to an accredited representative for their personal or official use, if the product is one that the licensee is permitted under this Act to distribute; (d) an excise warehouse licensee sells or offers to sell (i) an imported tobacco product that is exported by the licensee in accordance with this Act, (ii) an imported tobacco product to an accredited representative for their personal or official use or to a duty free shop, or (iii) cigars or imported manufactured tobacco as ships’ stores in accordance with the Ships’ Stores Regulations; (e) a duty free shop licensee sells or offers to sell cigars in accordance with the Customs Act; (f) a duty free shop licensee who holds a licence issued under section 22 sells or offers to sell imported manufactured tobacco in accordance with the Customs Act; (g) a customs bonded warehouse licensee sells or offers to sell an imported tobacco product that is exported by the licensee in accordance with this Act; (h) a customs bonded warehouse licensee sells or offers to sell an imported tobacco product (i) to an accredited representative for their personal or official use, (ii) to a duty free shop for sale or offer for sale in accordance with the Customs Act, or (iii) as ships’ stores in accordance with the Ships’ Stores Regulations; and (i) a person sells or offers for sale cigars or imported manufactured tobacco as ships’ stores in accordance with the Ships’ Stores Regulations. �� No sale or distribution except in original package C. 22 Excise, 33. No person shall (a) sell or offer for sale cigars otherwise than in or from the original package; (b) sell or offer for sale manufactured tobacco otherwise than in the original package; or (c) distribute free of charge for advertising purposes any tobacco product otherwise than in or from the original package. Packaging and stamping of tobacco 34. A tobacco licensee who manufactures a tobacco product shall not enter the tobacco product into the duty-paid market unless (a) the product has been packaged by the licensee; (b) the package has printed on it prescribed information; and (c) the product is stamped at the time of packaging. Packaging and stamping of imported tobacco 35. (1) If a tobacco product or raw leaf tobacco is imported, it must, before it is released under the Customs Act for entry into the duty-paid market, (a) be packaged in a package that has printed on it prescribed information; and (b) be stamped. Exception for certain importations (2) Subsection (1) does not apply to (a) partially manufactured tobacco that is imported by a tobacco licensee for further manufacturing by the licensee; 2001-2002 Accise ( (b) a tobacco product that a tobacco licensee is authorized to import under subsection 41(2); (c) a tobacco product that is imported by an individual for their personal use in quantities not in excess of prescribed limits; or (d) raw leaf tobacco that is imported by a tobacco licensee. Absence of stamping — notice 36. The absence of stamping on a tobacco product is notice to all persons that duty has not been paid on the product. Unstamped products to be warehoused 37. If a tobacco product manufactured in Canada is not stamped by a tobacco licensee, the tobacco licensee shall immediately enter the product into the licensee’s excise warehouse. No warehousing of tobacco without markings 38. (1) No person shall enter into an excise warehouse a container of tobacco products unless the container has printed on it or affixed to it tobacco markings and other prescribed information. No delivery of imported tobacco without markings (2) No person shall deliver a container of imported tobacco products that does not have printed on it or affixed to it tobacco markings and other prescribed information to (a) a duty free shop for sale or offer for sale in accordance with the Customs Act; (b) an accredited representative; or (c) a customs bonded warehouse. Exception for prescribed tobacco product (3) Subsections (1) and (2) do not apply to a tobacco product of a brand if the brand is not commonly sold in Canada and is prescribed. Exception for prescribed cigarettes (4) Subsection (1) does not apply to cigarettes of a particular type or formulation, manufactured in Canada and exported under a brand that is also applied to cigarettes of a different type or formulation that are manufactured and sold in Canada, if (a) cigarettes of the particular type or formulation exported under that brand are prescribed cigarettes; and �� C. 22 Excise, (b) cigarettes of the particular type or formulation have never been sold in Canada under that brand or any other brand. Distinguishing different cigarettes (5) For the purpose of subsection (4), a cigarette of a particular type or formulation sold under a brand may be considered to be different from another cigarette sold under that brand if it is reasonable to consider them to be different having regard to their physical characteristics before and during consumption. Non-compliant imports 39. If an imported tobacco product or imported raw leaf tobacco intended for the duty-paid market is not stamped when it is reported under the Customs Act, it shall be placed in a sufferance warehouse for the purpose of being stamped. Removal of raw leaf tobacco or waste tobacco 40. (1) No person other than a tobacco licensee shall remove raw leaf tobacco or tobacco that is waste from the premises of the licensee. Removal requirements (2) If raw leaf tobacco or tobacco that is waste is removed from the premises of a tobacco licensee, the licensee shall deal with the tobacco in the manner authorized by the Minister. Re-working or destruction of tobacco 41. (1) A tobacco licensee may re-work or destroy a tobacco product in the manner authorized by the Minister. Importation for re-working or destruction (2) The Minister may authorize a tobacco licensee to import any tobacco product manufactured in Canada by the licensee for re-working or destruction by the licensee in accordance with subsection (1). 2001-2002 Accise ( Duty on Tobacco Imposition 42. (1) Duty is imposed on tobacco products manufactured in Canada or imported and on imported raw leaf tobacco at the rates set out in Schedule 1 and is payable (a) in the case of tobacco products manufactured in Canada, by the tobacco licensee who manufactured the tobacco products, at the time they are packaged; and (b) in the case of imported tobacco products or raw leaf tobacco, by the importer, owner or other person who is liable under the Customs Act to pay duty levied under section 20 of the Customs Tariff or who would be liable to pay that duty on the tobacco or products if they were subject to that duty. Imported partially manufactured tobacco (2) The following rules apply to partially manufactured tobacco that is imported by a tobacco licensee for further manufacture: (a) for the purposes of this Act, the tobacco is deemed to be manufactured in Canada by the licensee; and (b) paragraph (1)(a) applies to the tobacco and paragraph (1)(b) and section 44 do not apply. Additional duty on cigars 43. In addition to the duty imposed under section 42, duty is imposed on cigars at the rates set out in Schedule 2 and is payable (a) in the case of cigars manufactured and sold in Canada, by the tobacco licensee who manufactured the cigars, at the time of their delivery to a purchaser; and (b) in the case of imported cigars, by the importer, owner or other person who is liable under the Customs Act to pay duty levied under section 20 of the Customs Tariff or who would be liable to pay that duty on the cigars if they were subject to that duty. �� Application of Customs Act Duty relieved Tobacco imported by an individual for personal use Duty relieved — raw leaf tobacco Duty relieved — stamped tobacco imported by individual Duty relieved — importation for destruction Restriction — entering tobacco C. 22 Excise, 44. The duties imposed under sections 42 and 43 on imported raw leaf tobacco and tobacco products shall be paid and collected under the Customs Act, and interest and penalties shall be imposed, calculated, paid and collected under that Act, as if the duties were a duty levied under section 20 of the Customs Tariff, and, for those purposes, the Customs Act applies with any modifications that the circumstances require. 45. (1) The duties imposed under sections 42 and 43 are relieved on a tobacco product that is not stamped. (2) Subsection (1) does not apply to the importation of tobacco products by an individual for their personal use to the extent that the quantity of the products imported exceeds the quantity permitted under Chapter 98 of the List of Tariff Provisions set out in the schedule to the Customs Tariff to be imported without the payment of duties (as defined in Note 4 to that Chapter). 46. The duty imposed under section 42 is relieved on raw leaf tobacco that is imported by a tobacco licensee for manufacture by the licensee. 47. The duty imposed under section 42 is relieved on manufactured tobacco imported by an individual for their personal use if it was manufactured in Canada and is stamped. 48. The duty imposed under paragraph 42(1)(b) is relieved on stamped manufactured tobacco that was manufactured in Canada by a tobacco licensee and that is imported by the licensee for re-working or destruction in accordance with section 41. Excise Warehouses 49. No person shall enter into an excise warehouse (a) a tobacco product that is stamped; or Definitions ‘‘Canadian manufactured tobacco’’ « tabac fabriqué canadien » (b) any other tobacco product except in accordance with this Act. 50. (1) The definitions in this subsection apply in this section. ‘‘Canadian manufactured tobacco’’ means manufactured tobacco that is manufactured 2001-2002 Accise ( in Canada but does not include partially manufactured tobacco or foreign brand tobacco. ‘‘foreign brand tobacco’’ « tabac de marque étrangère » ‘‘foreign brand tobacco’’ means manufactured tobacco in respect of which the special duty imposed under section 56 is relieved because of section 58. Categories of Canadian manufactured tobacco (2) For the purposes of subsection (5), each of the following constitutes a category of Canadian manufactured tobacco: (a) cigarettes; (b) tobacco sticks; and (c) manufactured tobacco other than cigarettes and tobacco sticks. Prohibition on removal (3) No person shall remove from an excise warehouse or a special excise warehouse a tobacco product manufactured in Canada. Exception for Canadian manufactured tobacco (4) Subject to the regulations, Canadian manufactured tobacco may be removed from the excise warehouse of the tobacco licensee who manufactured it only if it is (a) for export by the licensee in accordance with subsection (5) and not for delivery to a foreign duty free shop or as foreign ships’ stores; (b) for delivery to the special excise warehouse of a special excise warehouse licensee, if the special excise warehouse licensee is permitted under this Act to distribute the Canadian manufactured tobacco; or (c) for delivery to an accredited representative for their personal or official use. Maximum quantity permitted to be exported from excise warehouse (5) A tobacco licensee shall not, at a particular time in a calendar year, remove a particular quantity of a category of Canadian manufactured tobacco from the licensee’s excise warehouse for export if the total quantity of that category removed in the year up to that time by the licensee from the warehouse for export, plus the particular quantity, exceeds 1.5% of the total quantity of that category manufactured by the licensee in the preceding calendar year. �� C. 22 Excise, Quantities to be excluded for the purposes of subsection (5) (6) In subsection (5), the total quantity of a category of Canadian manufactured tobacco manufactured by a licensee in the preceding calendar year does not include any quantity of that category that was exported by the licensee for delivery to a foreign duty free shop or as foreign ships’ stores. Exception for cigars (7) Subject to the regulations, cigars manufactured in Canada may be removed from the excise warehouse of the tobacco licensee who manufactured them only if they are (a) for export by the licensee in accordance with this Act; (b) for delivery to the special excise warehouse of a special excise warehouse licensee, if the special excise warehouse licensee is permitted under this Act to distribute the cigars; (c) for delivery to an accredited representative for their personal or official use; (d) for delivery as ships’ stores in accordance with the Ships’ Stores Regulations; (e) for delivery to another excise warehouse, if the excise warehouse licensee of the other excise warehouse certifies in the prescribed form to the tobacco licensee that the cigars are for delivery as ships’ stores in accordance with the Ships’ Stores Regulations; or (f) for delivery to a duty free shop for sale or offer for sale in accordance with the Customs Act. Exception for partially manufactured tobacco or foreign brand tobacco (8) Subject to the regulations, partially manufactured tobacco or foreign brand tobacco may be removed from the excise warehouse of the tobacco licensee who manufactured it only if it is exported by the licensee and not for delivery to a foreign duty free shop or as foreign ships’ stores. Removal from warehouse — ships’ stores (9) Subject to the regulations, cigars manufactured in Canada may be removed from an excise warehouse referred to in paragraph (7)(e) for delivery as ships’ stores in accordance with the Ships’ Stores Regulations. 2001-2002 Accise ( Removal from warehouse for reworking or destruction (10) Subject to the regulations, tobacco products manufactured in Canada may be removed from the excise warehouse of the tobacco licensee who manufactured them if they are removed for reworking or destruction by the licensee in accordance with section 41. Removal from special excise warehouse — accredited representatives (11) Subject to the regulations, Canadian manufactured tobacco and cigars may be removed from a special excise warehouse for delivery to an accredited representative for their personal or official use if the special excise warehouse licensee is permitted under this Act to distribute the tobacco or cigars. Removal of imported tobacco product 51. (1) No person shall remove an imported tobacco product from an excise warehouse. Exception (2) Subject to the regulations, an imported tobacco product may be removed from an excise warehouse (a) for delivery to another excise warehouse; (b) for delivery to an accredited representative for their personal or official use; (c) for delivery as ships’ stores, in accordance with the Ships’ Stores Regulations; (d) for delivery to a duty free shop for sale or offer for sale in accordance with the Customs Act; or (e) for export in accordance with this Act by the excise warehouse licensee. Restriction — special excise warehouse 52. No special excise warehouse licensee shall store a tobacco product that is manufactured in Canada in their special excise warehouse for any purpose other than its sale and distribution to an accredited representative for the personal or official use of the representative. Special Duties on Tobacco Products Special duty on imported manufactured tobacco delivered to duty free shop 53. (1) A special duty is imposed on imported manufactured tobacco that is delivered to a duty free shop at the rates set out in section 1 of Schedule 3. �� C. 22 Excise, When and by whom duty is payable (2) The special duty is payable at the time of delivery and is payable by the duty free shop licensee. Meaning of ‘‘traveller’s tobacco’’ 54. (1) In this section, ‘‘traveller’s tobacco’’ means manufactured tobacco that is imported by a person at any time and (a) is classified under tariff item No. 9804.10.00, 9804.20.00, 9805.00.00 or 9807.00.00 in the List of Tariff Provisions set out in the schedule to the Customs Tariff; or (b) would be classified under tariff item No. 9804.10.00 or 9804.20.00 in that List but for the fact that the total value for duty as determined under section 46 of the Customs Act of all goods imported by the person at that time exceeds the maximum value specified in that tariff item. Special duty on traveller’s tobacco (2) A special duty is imposed on traveller’s tobacco at the time it is imported at the rates set out in section 2 of Schedule 3. When and how duty is payable (3) The special duty shall be paid and collected under the Customs Act, and interest and penalties shall be imposed, calculated, paid and collected under that Act, as if the special duty were a duty levied under section 20 of the Customs Tariff, and for those purposes, the Customs Act applies with any modifications that the circumstances require. Exception (4) The special duty is not imposed on traveller’s tobacco imported by an individual for their personal use if it was manufactured in Canada and is stamped. Definition of ‘‘tobacco product’’ 55. In sections 56 to 58, ‘‘tobacco product’’ means manufactured tobacco other than partially manufactured tobacco. Imposition 56. (1) A special duty is imposed on a tobacco product that is manufactured in Canada and exported (a) if the export is in accordance with paragraph 50(4)(a) by the tobacco licensee who manufactured it, at the rates set out in section 3 of Schedule 3; or (b) in any other case, at the rates set out in section 4 of Schedule 3. 2001-2002 When and by whom duty is payable Accise ( (2) Subject to sections 57 and 58, the special duty is payable, at the time the tobacco product is exported, by (a) if paragraph (1)(a) applies, the tobacco licensee who manufactured it; or (b) if paragraph (1)(b) applies, the person who exported it. Duty relieved — deliveries to a foreign duty free shop and as foreign ships’ stores 57. The special duty imposed under section 56 is relieved on a tobacco product that is exported by the tobacco licensee who manufactured it for delivery to a foreign duty free shop or as foreign ships’ stores. Duty relieved — prescribed tobacco product 58. (1) The special duty imposed under section 56 is relieved on a tobacco product of a particular brand if (a) the tobacco product of that brand is prescribed; (b) during the three-year period before the year in which the tobacco product of that brand is exported, the tobacco product of that brand was not sold in Canada, other than in a duty free shop, except in quantities not significantly greater than the minimum quantities sufficient for the purposes of registering the trade mark for that brand; and (c) during any year before the three-year period referred to in paragraph (b), sales in Canada of the product of that brand never exceeded (i) 0.5% of total sales in Canada of similar products, or (ii) if another percentage that is less than 0.5% is prescribed for the purposes of this subsection, that percentage of total sales in Canada of similar products. Duty relieved — prescribed cigarettes (2) The special duty imposed under section 56 is relieved on cigarettes of a particular type or formulation manufactured in Canada and exported under a brand that is also applied to cigarettes of a different type or formulation that are manufactured and sold in Canada if (a) cigarettes of the particular type or formulation exported under that brand are prescribed; and �� C. 22 Excise, (b) cigarettes of the particular type or formulation have never been sold in Canada under that brand or any other brand. Distinguishing different cigarettes (3) For the purpose of subsection (2), a cigarette of a particular type or formulation sold under a brand may be considered to be different from another cigarette sold under that brand if it is reasonable to consider them to be different having regard to their physical characteristics before and during consumption. PART 4 ALCOHOL General Application — Importation of Intoxicating Liquors Act 59. For greater certainty, the Importation of Intoxicating Liquors Act continues to apply to the importation, sending, taking and transportation of intoxicating liquor into a province. Prohibition — production and packaging of spirits 60. (1) No person shall, except in accordance with a spirits licence issued to the person, produce or package spirits. Exception (2) Subsection (1) does not apply to the packaging of spirits from a marked special container by a purchaser at a bottle-your-own premises. Prohibition — possession of still 61. No person shall possess a still or other equipment suitable for the production of spirits with the intent of producing spirits unless the person (a) is a spirits licensee; or (b) has a pending application for a spirits licence. Prohibition — production and packaging of wine 62. (1) No person shall, except in accordance with a wine licence issued to the person, produce or package wine. 2001-2002 Exception Accise ( (2) Subsection (1) does not apply to (a) the production of wine by an individual for their personal use; (b) the packaging of wine referred to in paragraph (a) by an individual for their personal use; or (c) the packaging of wine from a marked special container by a purchaser at a bottle-your-own premises. Prohibition — sale of wine produced for personal use 63. No person shall sell or put to a commercial use wine that was produced, or produced and packaged, by an individual for their personal use. Wine produced by individual 64. For the purposes of this Act, wine is not produced or packaged by an individual if it has been produced or packaged by a person acting on their behalf. Prohibition — ferment-onpremises facility 65. No person shall carry on at a fermenton-premises facility any activity specified in a licence or registration issued under this Act other than an activity specified in a fermenton-premises registration. Application — in-transit and transhipped alcohol 66. Sections 67 to 72, 74, 76, 80, 85, 88, 97 to 100 and 102 do not apply to imported alcohol or specially denatured alcohol that is, in accordance with the Customs Act, the Customs Tariff and the regulations made under those Acts, (a) transported by a customs bonded carrier from a place outside Canada to another place outside Canada; (b) stored in a customs bonded warehouse or sufferance warehouse for subsequent delivery to a place outside Canada; or (c) transported by a customs bonded carrier (i) from a place outside Canada to a customs bonded warehouse or a sufferance warehouse for subsequent delivery to a place outside Canada, or (ii) from a customs bonded warehouse or a sufferance warehouse to a place outside Canada. �� Prohibition — sale of alcohol C. 22 Excise, 67. No person shall sell (a) bulk alcohol unless it was produced or imported in accordance with this Act; (b) packaged alcohol unless it was, in accordance with this Act, (i) produced and packaged in Canada, (ii) imported and packaged in Canada, or (iii) imported; or (c) a marked special container of alcohol unless it was marked in accordance with this Act. Availability and sampling of imported DA and SDA 68. (1) Any person who imports a product that is reported under the Customs Act as being denatured alcohol or specially denatured alcohol shall make the product available for sampling and the product is required to be sampled by the Minister before it is released under that Act. Testing (2) The samples must be tested to verify that the product is denatured alcohol or specially denatured alcohol. Minister may waive (3) The Minister may at any time waive the requirement to sample an imported product under subsection (1). Fees (4) The Minister may fix fees to be paid by the importer of the product but those fees must not exceed an amount determined by the Minister to be the costs to Her Majesty in respect of the sampling and testing. Bulk Alcohol Prohibition — ownership of bulk alcohol 69. No person shall own bulk alcohol unless it was produced or imported in accordance with this Act. Prohibition — possession 70. (1) No person shall possess bulk alcohol. Exception (2) Subsection (1) does not apply (a) to a spirits licensee or a licensed user who possesses bulk spirits that were produced or imported by a spirits licensee; (b) to a wine licensee or a licensed user who possesses bulk wine that was produced or imported by a wine licensee; 2001-2002 Accise ( (c) to a licensed user who possesses bulk alcohol that was imported by the licensed user; (d) to an alcohol registrant who possesses, for the purposes of storage or transportation, bulk alcohol that was produced by an alcohol licensee or imported by an alcohol licensee or licensed user; (e) to a sufferance warehouse licensee who possesses in their sufferance warehouse bulk alcohol that was imported by a person permitted to do so under this Act; (f) to a ferment-on-premises registrant who possesses bulk wine that was produced at the registrant’s ferment-on-premises facility by an individual for the individual’s personal use; or (g) to an individual who possesses less than 500 L of bulk wine that was lawfully produced at a residence or a ferment-onpremises facility for an individual’s personal use. Prohibition — supply of spirits 71. No person shall give possession of bulk spirits to a person other than a spirits licensee, a licensed user or an alcohol registrant. Prohibition — supply of wine 72. (1) No person shall give possession of bulk wine to a person other than a wine licensee, a licensed user or an alcohol registrant. Exception (2) Subsection (1) does not apply to an individual who, in connection with their personal use of it, gives possession of bulk wine lawfully produced by an individual for their personal use. Restriction — licensed user 73. A licensed user shall not use or dispose of bulk alcohol other than to (a) use it in an approved formulation; (b) use it in a process in which the absolute ethyl alcohol is destroyed to the extent approved by the Minister; (c) use it to produce vinegar; (d) use it in accordance with section 130 or 131; �� C. 22 Excise, (e) return it to (i) in the case of alcohol returned in circumstances to which paragraph 105(1)(a) or 114(1)(a) applies, a licensee referred to in that paragraph, or (ii) in any other case, the alcohol licensee who supplied it; (f) subject to section 76, export it; (g) use it for analysis in a manner approved by the Minister; or (h) destroy it in a manner approved by the Minister. Importation — bulk spirits 74. (1) No person shall import bulk spirits other than a spirits licensee, a licensed user or, if the spirits are in a special container, an excise warehouse licensee in accordance with section 80. Importation — bulk wine (2) No person shall import bulk wine other than a wine licensee, a licensed user or, if the wine is in a special container, an excise warehouse licensee in accordance with section 85. Importations involving a provincial authority 75. If bulk alcohol is imported under circumstances in which subsection 3(1) of the Importation of Intoxicating Liquors Act applies, the alcohol is deemed, for the purposes of this Act, to have been imported by the person who would have been the importer in the absence of that subsection and not by Her Majesty in right of a province or a liquor authority. Unauthorized export 76. No person shall export bulk alcohol other than (a) the alcohol licensee who is responsible for the alcohol; (b) the licensed user who imported the alcohol; or (c) a person required to do so under section 101. 2001-2002 Accise ( Special Containers of Spirits Marked container deemed packaged 77. If a special container of spirits is marked, the spirits are deemed to be packaged at the time the container is marked. Marking 78. (1) No person shall mark a special container of spirits unless (a) the person is a spirits licensee; or (b) the container is one that has been placed in a sufferance warehouse in accordance with section 80 and the person marks the container in the circumstances described in that section. Container to be warehoused (2) If a spirits licensee marks a special container of spirits, the licensee shall immediately enter it into an excise warehouse. Importation 79. No person, other than an excise warehouse licensee, shall import a marked special container of spirits. Marking of imported container 80. If a special container of spirits that is imported by an excise warehouse licensee is not marked when it is reported under the Customs Act, it shall be placed in a sufferance warehouse for the purpose of being marked. Imported container to be warehoused 81. If a marked special container of spirits is released under the Customs Act, the excise warehouse licensee who imported it shall immediately enter it into their excise warehouse. Special Containers of Wine Marked container deemed packaged 82. If a special container of wine is marked, the wine is deemed to be packaged at the time the container is marked. Marking 83. (1) No person shall mark a special container of wine unless (a) the person is a wine licensee; or (b) the container is one that has been placed in a sufferance warehouse in accordance with section 85 and the person marks the container in the circumstances described in that section. �� C. 22 Excise, Container to be warehoused (2) If a wine licensee marks a special container of wine, the licensee shall immediately enter it into an excise warehouse. Importation 84. No person, other than an excise warehouse licensee, shall import a marked special container of wine. Marking of imported container 85. If a special container of wine that is imported by an excise warehouse licensee is not marked when it is reported under the Customs Act, it shall be placed in a sufferance warehouse for the purpose of being marked. Imported container to be warehoused 86. If a marked special container of wine is released under the Customs Act, the excise warehouse licensee who imported it shall immediately enter it into their excise warehouse. Packaged Alcohol Information on container 87. Every alcohol licensee who packages alcohol shall cause all prescribed information to be displayed on the container containing the alcohol and on any packaging encasing the container (a) in the case of wine that is entered into an excise warehouse immediately after it is packaged, before the wine is removed from the warehouse; and (b) in any other case, immediately after the alcohol is packaged. Prohibition — possession 88. (1) No person shall possess non-dutypaid packaged alcohol. Exception (2) Non-duty-paid packaged alcohol, other than alcohol in a marked special container, (a) that is packaged by an alcohol licensee or imported by an excise warehouse licensee may be possessed by (i) an excise warehouse licensee in their excise warehouse, (ii) a licensed user in their specified premises, (iii) a registered user for use in accordance with their registration, (iv) a prescribed person who is transporting the alcohol under prescribed circumstances and conditions, 2001-2002 Accise ( (v) a duty free shop licensee, in their duty free shop, (vi) an accredited representative, for their personal or official use, or (vii) a person as ships’ stores, if the acquisition and possession of the alcohol by that person are in accordance with the Ships’ Stores Regulations; (b) that is imported may be possessed by a sufferance warehouse licensee, in their sufferance warehouse; (c) that is imported by a licensed user may be possessed by (i) the licensed user in their specified premises, or (ii) a prescribed person who is transporting the alcohol under prescribed circumstances and conditions; (d) that is imported by an accredited representative may be possessed by (i) the accredited representative, for their personal or official use, or (ii) a prescribed person who is transporting the alcohol under prescribed circumstances and conditions; (e) that is imported for sale in a duty free shop, for sale to an accredited representative or for use as ships’ stores, may be possessed by (i) a customs bonded warehouse licensee, in their customs bonded warehouse, (ii) a duty free shop licensee, in their duty free shop, (iii) an accredited representative, for their personal or official use, (iv) a customs bonded carrier in accordance with the Customs Act, or (v) a person as ships’ stores, if the acquisition and possession of the alcohol by that person are in accordance with the Ships’ Stores Regulations; (f) that is imported for supply to an air carrier that is licensed under section 69 or 73 of the Canada Transportation Act to operate an international air service may be �� C. 22 Excise, possessed by a customs bonded warehouse licensee, in their customs bonded warehouse; (g) that is imported by an individual in accordance with the Customs Act and the Customs Tariff for their personal use may be possessed by an individual; and (h) that is wine that is produced and packaged by an individual for their personal use may be possessed by an individual. Exception — special containers (3) A non-duty-paid marked special container of alcohol may be possessed by (a) an excise warehouse licensee in their excise warehouse; (b) a prescribed person who is transporting the alcohol under prescribed circumstances and conditions; (c) in the case of an imported special container of alcohol, a sufferance warehouse licensee in their sufferance warehouse; or (d) in the case of a special container of spirits that is marked for delivery to and use by a registered user, a registered user for use in accordance with their registration. Storage 89. A ferment-on-premises registrant shall not store packaged wine at their ferment-onpremises facility. Restriction — licensed user 90. A licensed user shall not use or dispose of non-duty-paid packaged alcohol other than to (a) use it in an approved formulation; (b) use it in a process in which the absolute ethyl alcohol is destroyed to the extent approved by the Minister; 2001-2002 Accise ( (c) use it to produce vinegar; (d) return it under prescribed conditions to the excise warehouse licensee who supplied it; (e) export it, if the alcohol was imported by the licensed user; (f) use it for analysis in a manner approved by the Minister; or (g) destroy it in a manner approved by the Minister. Restriction — registered user 91. A registered user shall not use or dispose of non-duty-paid packaged spirits other than to (a) use them in accordance with their registration; (b) use them for analysis in a manner approved by the Minister; (c) return them under prescribed conditions to the excise warehouse licensee who supplied them; or (d) destroy them in a manner approved by the Minister. Unauthorized removal — spirits 92. (1) No person shall remove spirits from a marked special container of spirits other than (a) a registered user, in the case of a container that is marked for delivery to and use by a registered user; and (b) a purchaser of the spirits at a bottle-yourown premises, in the case of a container that is marked for delivery to and use at a bottle-your-own premises. Removal of spirits from returned container (2) If the operator of a bottle-your-own premises returns a marked special container of spirits to the excise warehouse licensee who supplied the container to the operator, the licensee may remove the spirits from the container for the purpose of destroying the spirits in a manner approved by the Minister. Unauthorized removal — wine 93. (1) No person shall remove wine from a marked special container of wine other than a purchaser of the wine at a bottle-your-own premises. �� Removal of wine from returned container Prohibition — denaturing of spirits Prohibition — sale as beverage C. 22 Excise, (2) If the operator of a bottle-your-own premises returns a marked special container of wine to the excise warehouse licensee who supplied the container to the operator, the licensee may remove the wine from the container for the purpose of destroying the wine in a manner approved by the Minister. Denatured Alcohol and Specially Denatured Alcohol 94. No person, other than a spirits licensee, shall denature spirits. 95. (1) No person shall sell or provide denatured alcohol or specially denatured alcohol for use in or as a beverage. Prohibition — use as beverage (2) No person shall use denatured alcohol or specially denatured alcohol in or as a beverage. Prohibition — use of SDA 96. No person shall, except in accordance with a specially denatured alcohol registration issued to the person, use specially denatured alcohol. 97. (1) No person shall possess specially denatured alcohol. Prohibition — possession of SDA Exception (2) Subsection (1) does not apply to (a) a spirits licensee or an SDA registrant who possesses specially denatured alcohol produced by a spirits licensee; (b) a spirits licensee, an SDA registrant or a sufferance warehouse licensee who possesses specially denatured alcohol imported by a spirits licensee; (c) an SDA registrant who possesses specially denatured alcohol that they imported; (d) a sufferance warehouse licensee who possesses specially denatured alcohol imported by an SDA registrant; or (e) an alcohol registrant who possesses specially denatured alcohol only for the purposes of its storage and transportation, if 2001-2002 Accise ( the alcohol was produced by a spirits licensee or imported by a spirits licensee or an SDA registrant. Prohibition — supply of SDA 98. No person shall give possession of specially denatured alcohol to a person who is not a spirits licensee, an SDA registrant or an alcohol registrant. Prohibition — sale of SDA 99. (1) No person shall sell specially denatured alcohol. Exceptions (2) Subsection (1) does not apply where (a) a spirits licensee sells specially denatured alcohol to another spirits licensee or to an SDA registrant; or (b) an SDA registrant returns specially denatured alcohol in accordance with paragraph 103(a) or exports it in accordance with paragraph 103(b). Prohibition — importing of SDA 100. No person shall import specially denatured alcohol other than a spirits licensee or an SDA registrant. Spirits mistakenly imported as DA or SDA 101. (1) If a person, other than a spirits licensee or licensed user, who has imported a product that was reported under the Customs Act as being denatured alcohol or specially denatured alcohol learns that the product is spirits and not denatured alcohol or specially denatured alcohol, the person shall without delay (a) export it for return to the person from whom it was acquired; or �� C. 22 Excise, (b) dispose of or destroy it in the manner specified by the Minister. Spirits mistakenly possessed as DA or SDA (2) If a person, other than a spirits licensee, licensed user or alcohol registrant, who possesses a product that the person believed was denatured alcohol or specially denatured alcohol learns that the product is spirits and not denatured alcohol or specially denatured alcohol, the person shall without delay (a) return it to the spirits licensee who produced or supplied the product; or (b) dispose of or destroy it in the manner specified by the Minister. If product used (3) If the person is unable to comply with subsection (1) or (2) in respect of an amount of the product because they had already used it in the production of another product before they learned that the product was not denatured alcohol or specially denatured alcohol, the person shall (a) dispose of or destroy the other product in the manner specified by the Minister; and (b) pay any penalty imposed under section 254 for which they are liable under section 244 in respect of the amount. Exception (4) Subsection (3) does not apply if (a) the other product is not, in the opinion of the Minister, spirits; (b) the Minister deems the other product to have been produced using denatured alcohol or specially denatured alcohol, as the case may be; and (c) the person complies with any conditions imposed by the Minister. Prohibition — exporting of SDA 102. No person shall export specially denatured alcohol other than the SDA registrant who imported it or a spirits licensee. Restriction on disposal 103. An SDA registrant shall not dispose of specially denatured alcohol other than to (a) return it to the spirits licensee who supplied it; 2001-2002 Accise ( (b) export it, if it was imported by the SDA registrant; or (c) destroy it in a manner approved by the Minister. Responsibility for Bulk Spirits Responsibility 104. Subject to sections 105 to 107, 111 and 112, the person who is responsible for bulk spirits at any time is (a) the spirits licensee or licensed user who owns the spirits at that time; (b) if the spirits are not owned at that time by a spirits licensee or licensed user, the spirits licensee or licensed user who last owned them; or (c) if the spirits were never owned by a spirits licensee or licensed user, the spirits licensee who imported or produced them or the licensed user who imported them. Return of spirits purchased from unlicensed person 105. (1) This section applies if a spirits licensee or licensed user (in this section referred to as the ‘‘purchaser’’) purchases bulk spirits from a person who is not a spirits licensee or licensed user (in this section referred to as the ‘‘unlicensed person’’), and, within 30 days after the purchaser receives the spirits, (a) the purchaser returns the spirits to the spirits licensee who was responsible for them immediately before they were purchased by the purchaser (in this section referred to as the ‘‘previously responsible licensee’’) or to the spirits licensee who supplied them (in this section referred to as the ‘‘supplier’’); and (b) the ownership of the spirits reverts to the unlicensed person. Determination of person responsible for returned spirits (2) At the later of the time at which the previously responsible licensee or supplier receives the spirits and the time at which the ownership of the spirits reverts to the unlicensed person, �� C. 22 Excise, (a) the previously responsible licensee becomes again responsible for the spirits; and (b) the purchaser of the spirits ceases to be responsible for them. Exception — provincial ownership 106. If, at any time, the government of a province or a liquor authority that is a spirits licensee or a licensed user owns bulk spirits for a purpose not related to its licence, section 104 applies as though that ownership by the government or the liquor authority did not exist at that time. Spirits imported by licensed user 107. A licensed user who imports bulk spirits is responsible for them. Blended spirits — joint and several or solidary responsibility 108. (1) If bulk spirits are blended with other bulk spirits, or if bulk spirits are blended with bulk wine and the resulting product is spirits, every person who is a person responsible for any of the spirits or who is a licensed user responsible for any of the bulk wine is jointly and severally or solidarily responsible for the resulting blended spirits. Responsibility for wine ceases (2) The wine licensee or licensed user who was responsible for the bulk wine before it was blended with bulk spirits as described in subsection (1) ceases to be responsible for the wine as of the time of blending. Person not responsible 109. A person who is responsible for bulk spirits ceases to be responsible for them if they are (a) taken for use and the duty on them is paid; (b) taken for use in an approved formulation; (c) taken for use for a purpose described in section 145 or subsection 146(1); (d) denatured into denatured alcohol or specially denatured alcohol; (e) exported in accordance with this Act; or (f) lost in prescribed circumstances, if the person fulfills any prescribed conditions. 2001-2002 Notification of change of ownership Accise ( 110. If a spirits licensee or licensed user (in this section referred to as the ‘‘purchaser’’) purchases bulk spirits from a person who is not a spirits licensee or licensed user, the purchaser shall, except in respect of bulk spirits that are to be imported, (a) at the time of the purchase, obtain from the vendor the name and address of the spirits licensee who is responsible for the spirits immediately before they are sold to the purchaser; and (b) without delay, notify in writing that licensee of the purchase. Removal of special container 111. If an unmarked special container of spirits is removed by a spirits licensee from their excise warehouse in accordance with section 156, the licensee is responsible for the spirits unless they are owned by another spirits licensee or a licensed user, in which case the other spirits licensee or the licensed user is responsible for them. Removal of spirits 112. If spirits are removed by a spirits licensee from their excise warehouse in accordance with section 158, the licensee is responsible for the spirits unless they are owned by another spirits licensee or a licensed user, in which case the other spirits licensee or the licensed user is responsible for them. Responsibility Responsibility for Bulk Wine 113. Subject to sections 114 to 116, 120 and 121, the person who is responsible for bulk wine at any time is (a) the wine licensee or licensed user who owns the wine at that time; (b) if the wine is not owned at that time by a wine licensee or licensed user, the wine licensee or licensed user who last owned it; or (c) if the wine was never owned by a wine licensee or licensed user, the wine licensee who imported or produced it or the licensed user who imported it. �� Return of wine purchased from unlicensed person C. 22 Excise, 114. (1) This section applies if a wine licensee or licensed user (in this section referred to as the ‘‘purchaser’’) purchases bulk wine from a person who is not a wine licensee or licensed user (in this section referred to as the ‘‘unlicensed person’’), and, within 30 days after the purchaser receives the wine, (a) the purchaser returns the wine to the wine licensee who was responsible for it immediately before it was purchased by the purchaser (in this section referred to as the ‘‘previously responsible licensee’’) or to the wine licensee who supplied it (in this section referred to as the ‘‘supplier’’); and (b) the ownership of the wine reverts to the unlicensed person. Determination of person responsible for returned wine (2) At the later of the time at which the previously responsible licensee or supplier receives the wine and the time at which the ownership of the wine reverts to the unlicensed person, (a) the previously responsible licensee becomes again responsible for the wine; and (b) the purchaser of the wine ceases to be responsible for it. Exception — provincial ownership 115. If, at any time, the government of a province or a liquor authority that is a wine licensee or a licensed user owns bulk wine for a purpose not related to its licence, section 113 applies as though that ownership by the government or the liquor authority did not exist at that time. Wine imported by licensed user 116. A licensed user who imports bulk wine is responsible for it. Blended wine — joint and several or solidary responsibility 117. (1) If bulk wine is blended with other bulk wine, or if bulk wine is blended with bulk spirits and the resulting product is wine, every person who is a person responsible for any of the wine or who is a licensed user responsible for any of the bulk spirits is jointly and severally or solidarily responsible for the resulting blended wine. 2001-2002 Accise ( Responsibility for spirits ceases (2) The spirits licensee or licensed user who was responsible for the bulk spirits before they were blended with bulk wine as described in subsection (1) ceases to be responsible for the spirits as of the time of blending. Person not responsible 118. A person who is responsible for bulk wine ceases to be responsible for it if it is (a) taken for use and the duty on it is paid; (b) taken for use in an approved formulation; (c) taken for use for a purpose described in section 145 or subsection 146(1); (d) exported in accordance with this Act; or (e) lost, if the loss is recorded in a manner authorized by the Minister. Notification of change of ownership 119. If a wine licensee or licensed user (in this section referred to as the ‘‘purchaser’’) purchases bulk wine from a person who is not a wine licensee or licensed user, the purchaser shall, except in respect of bulk wine that is to be imported, (a) at the time of the purchase, obtain from the vendor the name and address of the wine licensee who is responsible for the wine immediately before it is sold to the purchaser; and (b) without delay, notify in writing that licensee of the purchase. Removal of special container 120. If an unmarked special container of wine is removed by a wine licensee from their excise warehouse in accordance with section 156, the licensee is responsible for the wine unless the wine is owned by another wine licensee or a licensed user, in which case the other wine licensee or the licensed user is responsible for it. Removal of wine 121. If wine is removed by a wine licensee from their excise warehouse in accordance with section 157, the licensee is responsible for the wine unless it is owned by another wine licensee or a licensed user, in which case the other wine licensee or the licensed user is responsible for it. �� C. 22 Excise, Imposition and Payment of Duty on Alcohol Imposition — domestic spirits 122. (1) Duty is imposed on spirits produced in Canada at the rate set out in section 1 of Schedule 4. Time of imposition (2) The duty is imposed at the time the spirits are produced. Imposition — low alcoholic strength spirits 123. If spirits do not contain more than 7% of absolute ethyl alcohol by volume at the time that they are packaged, (a) the duty imposed on the spirits under section 122 or levied under section 21.1 of the Customs Tariff is relieved; and (b) duty is imposed on the spirits at the rate set out in section 2 of Schedule 4. Duty payable when packaged 124. (1) Subject to sections 126 and 127, the duty imposed on spirits is payable at the time the spirits are packaged unless, immediately after packaging, they are entered into an excise warehouse. Payable by responsible person (2) Duty is payable by the person who is responsible for the spirits immediately before they are packaged. Spirits licensee ceases to be liable for duty (3) If an excise warehouse licensee becomes liable under section 140 for duty on the spirits, the person required under subsection (2) to pay the duty ceases to be liable to pay it. Duty payable when removed from warehouse 125. If packaged spirits are removed from an excise warehouse for entry into the dutypaid market, duty is payable on the spirits at the time of their removal and is payable by the excise warehouse licensee of the warehouse. Duty payable on bulk spirits taken for use 126. Subject to sections 144 to 146, if bulk spirits are taken for use, duty is payable at the time the spirits are taken for use by the person who is responsible for the spirits at that time. Duty payable on unaccounted bulk spirits 127. (1) Duty is payable by the person who is responsible for bulk spirits on any portion of the spirits that cannot be accounted for by the person as being in the possession of a spirits licensee, a licensed user or an alcohol registrant. 2001-2002 Accise ( When duty payable (2) The duty is payable at the time the spirits cannot be accounted for. Exception (3) Subsection (1) does not apply in circumstances where the person is convicted of an offence under section 218 or is liable to pay a penalty under section 241. Duty payable on packaged spirits taken for use 128. Subject to sections 144 to 146, if non-duty-paid packaged spirits that are in the possession of an excise warehouse licensee or a licensed user are taken for use, duty is payable at the time the spirits are taken for use and is payable by the licensee or user. Duty payable on unaccounted packaged spirits 129. (1) Duty is payable on non-duty-paid packaged spirits that have been received by an excise warehouse licensee or a licensed user but cannot be accounted for by the licensee or user (a) as being in the excise warehouse of the licensee or the specified premises of the user; (b) as having been removed, used or destroyed in accordance with this Act; or (c) as having been lost in prescribed circumstances, if the licensee or user fulfills any prescribed conditions. When duty payable (2) Duty is payable by the licensee or user at the time the spirits cannot be accounted for. Fortifying wine 130. (1) A licensed user who is also a wine licensee may use bulk spirits to fortify wine to an alcoholic strength not in excess of 22.9% absolute ethyl alcohol by volume. Duty relieved on spirits (2) The duty imposed under section 122 or levied under section 21.1 of the Customs Tariff on the spirits that were used to fortify the wine is relieved. Blending wine with spirits 131. (1) A licensed user who is also a spirits licensee may blend bulk wine with spirits if the resulting product is spirits. Blending deemed to be production of spirits (2) The resulting spirits are deemed to be produced at the time of the blending and the duty imposed under section 122 or levied under section 21.1 of the Customs Tariff on the �� C. 22 Excise, spirits that were blended with the wine is relieved. Duty relieved — DA and SDA 132. If a spirits licensee denatures bulk spirits into denatured alcohol or specially denatured alcohol, the duty imposed on the spirits under section 122 or levied under section 21.1 of the Customs Tariff is relieved. Imposition of special duty 133. (1) In addition to the duty levied under section 21.1 or 21.2 of the Customs Tariff, a special duty is imposed on imported spirits delivered to or imported by a licensed user at the rate set out in Schedule 5. Bulk spirits (2) If a spirits licensee imports bulk spirits that are delivered to a licensed user, the special duty is payable at the time the spirits are delivered to the licensed user and is payable (a) by the spirits licensee who is responsible for the spirits at that time; (b) if the licensed user is responsible for the spirits at that time and there was a spirits licensee who was responsible immediately before that time, by that spirits licensee; or (c) if the licensed user is responsible for the spirits at that time and there was not a spirits licensee who was responsible immediately before that time, by the spirits licensee who delivered the spirits. Packaged spirits (3) If imported packaged spirits or imported spirits that have been packaged in Canada are removed from an excise warehouse for delivery to a licensed user, the special duty is payable by the excise warehouse licensee at the time the spirits are removed from the excise warehouse. Spirits imported by licensed user (4) If bulk or packaged spirits are imported by a licensed user, the special duty (a) is payable by the licensed user at the time the spirits are imported; and (b) shall be paid and collected under the Customs Act, and interest and penalties shall be imposed, calculated, paid and collected under that Act, as if the duty were 2001-2002 Accise ( a duty levied on the spirits under section 20 of the Customs Tariff, and, for those purposes, the Customs Act applies with any modifications that the circumstances require. Imposition — bulk wine taken for use 134. (1) Duty is imposed on bulk wine that is taken for use at the rates set out in Schedule 6. Payable by responsible person (2) Subject to sections 144 to 146, the duty is payable at the time the wine is taken for use and is payable by the person who is responsible for the wine at that time. Wine produced for personal use (3) Subsection (1) does not apply to wine produced by an individual for their personal use and that is consumed in the course of that use. Imposition — wine packaged in Canada 135. (1) Duty is imposed on wine that is packaged in Canada at the rates set out in Schedule 6. Wine produced for personal use and by small producers (2) Subsection (1) does not apply to wine that is (a) produced and packaged by an individual for their personal use; or (b) produced by a wine licensee and packaged by the licensee during a fiscal month of the licensee if the sales by the licensee of products subject to duty under subsection (1), or that would have been so subject to duty in the absence of this subsection, in the 12 fiscal months preceding that fiscal month did not exceed $50,000. Time of imposition (3) The duty is imposed at the time the wine is packaged. It is also payable at that time unless the wine is entered into an excise warehouse immediately after packaging. Payable by responsible person (4) The duty is payable by the person who is responsible for the wine immediately before it is packaged. Wine licensee ceases to be liable for duty (5) If an excise warehouse licensee becomes liable under section 140 for duty on the wine, the person required under subsection (4) to pay the duty ceases to be liable to pay it. �� C. 22 Excise, Duty payable on removal from warehouse 136. If packaged wine is removed from an excise warehouse for entry into the duty-paid market, duty is payable on the wine at the time of its removal and is payable by the excise warehouse licensee. Duty payable on packaged wine taken for use 137. Subject to sections 144 to 146, if non-duty-paid packaged wine that is in the possession of an excise warehouse licensee or a licensed user is taken for use, duty is payable on the wine at the time it is taken for use and is payable by the licensee or user. Duty payable on unaccounted packaged wine 138. (1) Duty is payable on non-duty-paid packaged wine that has been received by an excise warehouse licensee or a licensed user but that cannot be accounted for by the licensee or user (a) as being in the excise warehouse of the licensee or the specified premises of the user; (b) as having been removed, used or destroyed in accordance with this Act; or (c) as having been lost in prescribed circumstances, if the licensee or user fulfills any prescribed conditions. When duty payable (2) Duty is payable by the licensee or user at the time the wine cannot be accounted for. Duty on wine in marked special container relieved 139. (1) Duty imposed under subsection 135(1) is relieved on wine that is contained in a marked special container of wine from which the marking has been removed in accordance with section 156. Duty on returned wine relieved (2) Duty imposed under subsection 135(1) or levied under subsection 21.2(2) of the Customs Tariff is relieved on wine that is returned to the bulk wine inventory of a wine licensee in accordance with section 157. 2001-2002 Accise ( Liability of Excise Warehouse Licensees and Licensed Users Non-duty-paid packaged alcohol 140. If non-duty-paid packaged alcohol is entered into an excise warehouse immediately after being packaged, the excise warehouse licensee is liable for the duty on the alcohol at the time it is entered into the warehouse. Imported packaged alcohol 141. If, in accordance with subsection 21.2(3) of the Customs Tariff, imported packaged alcohol is, without the payment of duty, released under the Customs Act to the excise warehouse licensee or licensed user who imported it, the excise warehouse licensee or licensed user is liable for the duty on the alcohol. Transfer between warehouse licensees 142. (1) If non-duty-paid packaged alcohol is removed from the excise warehouse of an excise warehouse licensee (in this subsection referred to as the ‘‘transferor’’) to the excise warehouse of another excise warehouse licensee, at the time the alcohol is entered into the warehouse of the other licensee, (a) the other licensee becomes liable for the duty on the alcohol; and (b) the transferor ceases to be liable for the duty. Transfer to licensed user (2) If removed specified time the ises, non-duty-paid packaged alcohol is from an excise warehouse to the premises of a licensed user, at the alcohol is entered into those prem(a) the licensed user becomes liable for the duty on the alcohol; and (b) the excise warehouse licensee ceases to be liable for the duty. Transfer from licensed user (3) If non-duty-paid packaged alcohol is removed from the specified premises of a licensed user to an excise warehouse, at the time the alcohol is entered into the warehouse, (a) the excise warehouse licensee becomes liable for the duty on the alcohol; and (b) the licensed user ceases to be liable for the duty. �� C. 22 Excise, Non-dutiable Uses and Removals of Alcohol Approved formulations 143. The Minister may impose any conditions or restrictions that the Minister considers necessary in respect of the making, importation, packaging, use or sale of, or other dealing with, an approved formulation. Non-dutiable uses — approved formulations 144. Duty is relieved on bulk alcohol and non-duty-paid packaged alcohol used by a licensed user in an approved formulation. Duty not payable — bulk alcohol 145. (1) Duty is not payable on bulk alcohol (a) taken for analysis by an alcohol licensee or a licensed user in a manner approved by the Minister; (b) destroyed by an alcohol licensee or a licensed user in a manner approved by the Minister; or (c) used by a licensed user in a process in which the absolute ethyl alcohol is destroyed to the extent approved by the Minister. Duty not payable — packaged alcohol (2) Duty is not payable on non-duty-paid 2 packaged alcohol (a) taken for analysis by an excise warehouse licensee or a licensed user in a manner approved by the Minister; (b) destroyed by an excise warehouse licensee or a licensed user in a manner approved by the Minister; or (c) used by a licensed user in a process in which the absolute ethyl alcohol is destroyed to the extent approved by the Minister. No duty payable — alcohol taken for analysis or destroyed (3) Duty is not payable on bulk alcohol or non-duty-paid packaged alcohol that is taken for analysis or destroyed by the Minister. 2001-2002 Accise ( Duty not payable — vinegar 146. (1) Duty is not payable on alcohol that is used by a licensed user to produce vinegar if not less than 0.5 kg of acetic acid is produced from every litre of absolute ethyl alcohol used. Deemed taken for use if deficiency (2) If a licensed user uses alcohol to produce vinegar and less than 0.5 kg of acetic acid is produced from every litre of absolute ethyl alcohol used, the licensed user is deemed to have taken for use, at the time the vinegar is produced, the number of litres of that alcohol that is equivalent to the number determined by the formula A - (2 x B) where A is the number of litres of absolute ethyl alcohol used, and B is the number of kilograms of acetic acid produced. Duty not payable — packaged alcohol 147. (1) Duty is not payable on non-dutypaid packaged alcohol, other than alcohol contained in a marked special container, that is removed from an excise warehouse (a) for delivery (i) to an accredited representative for their personal or official use, (ii) to a duty free shop for sale in accordance with the Customs Act, (iii) to a registered user for use in accordance with their registration, or (iv) as ships’ stores in accordance with the Ships’ Stores Regulations; or (b) for export by the excise warehouse licensee in accordance with this Act. Duty not payable — special container of spirits (2) Duty is not payable on spirits contained in a marked special container that is removed from an excise warehouse (a) for delivery to a registered user for use in accordance with their registration, if the container is marked for delivery to and use by a registered user; or �� C. 22 Excise, (b) for export by the excise warehouse licensee in accordance with this Act, if the container was imported. Duty not payable — special container of wine (3) Duty is not payable on wine imported in a marked special container that is removed from an excise warehouse for export by the excise warehouse licensee in accordance with this Act. Determining Volume of Alcohol Volume of alcohol 148. (1) The volume and absolute ethyl alcohol content of alcohol shall be determined in a manner specified by the Minister using approved instruments. Approval of instrument (2) The Minister may examine and approve an instrument or a class, type or design of instruments for the measurement of the volume and absolute ethyl alcohol content of alcohol. Re-examination (3) The Minister may direct in writing that any instrument previously examined and approved, or of a class, type or design previously examined and approved, by the Minister be submitted to the Minister for re-examination and, if the Minister so directs, the person who has the custody and control of the instrument shall immediately submit it to the Minister for re-examination. Revocation of approval (4) After re-examining an instrument, the Minister may, in writing, revoke the Minister’s approval of that instrument or instruments of the same class, type or design as that instrument. Indicating instrument is approved (5) Every approved instrument the approval of which has not been revoked shall indicate the approval in a manner acceptable to the Minister. Excise Warehouses Restriction — entering into warehouse 149. No person shall enter non-duty-paid packaged alcohol into an excise warehouse except in accordance with this Act. 2001-2002 Accise ( Import by warehouse licensee 150. (1) If imported packaged alcohol is, without the payment of duty, released under the Customs Act to the excise warehouse licensee who imported it, the licensee shall immediately enter it into the excise warehouse of the licensee. Import by licensed user (2) If imported packaged alcohol is, without the payment of duty, released under the Customs Act to the licensed user who imported it, the licensed user shall immediately enter it into the specified premises of the licensed user. Restriction on removal 151. (1) No person shall remove non-dutypaid packaged alcohol from an excise warehouse. Exception (2) Subject to the regulations, a person may remove from an excise warehouse (a) non-duty-paid packaged alcohol, other than alcohol in a marked special container, for (i) entry into the duty-paid market, (ii) delivery to another excise warehouse, (iii) delivery to an accredited representative for their personal or official use, (iv) delivery as ships’ stores, in accordance with the Ships’ Stores Regulations, (v) delivery to a duty free shop for sale in accordance with the Customs Act to persons who are about to leave Canada, (vi) delivery to a licensed user, (vii) delivery to a registered user for use in accordance with their registration, or (viii) export; (b) a non-duty-paid marked special container of wine for (i) delivery to another excise warehouse, or (ii) entry into the duty-paid market for delivery to a bottle-your-own premises; (c) a non-duty-paid marked special container of spirits for (i) delivery to another excise warehouse, (ii) if the container is marked for delivery to and use by a registered user, delivery to a registered user for use in accordance with their registration, or �� C. 22 Excise, (iii) if the container is marked for delivery to and use at a bottle-your-own premises, entry into the duty-paid market for delivery to a bottle-your-own premises; or (d) an imported non-duty-paid marked special container of alcohol, for export. Return of duty-paid alcohol 152. If packaged alcohol that has been removed from an excise warehouse for entry into the duty-paid market is returned to that warehouse under prescribed conditions, the alcohol may be entered into the warehouse as non-duty-paid packaged alcohol. Return of non-duty-paid alcohol 153. If non-duty-paid packaged alcohol that has been removed from an excise warehouse in accordance with section 147 is returned to an excise warehouse under prescribed conditions, the alcohol may be entered into the warehouse as non-duty-paid packaged alcohol. Supplying packaged alcohol to retail store 154. (1) Subject to subsections (2) and 155(1), an excise warehouse licensee shall not, during a calendar year, supply from a particular premises specified in the excise warehouse licence of the licensee to a retail store more than 30% of the total volume of packaged alcohol supplied from those premises to all retail stores during the year. Exception for certain retail stores (2) An excise warehouse licensee who is an alcohol licensee may supply from the particular premises to a retail store of the licensee more than 30% of that total volume if (a) the store is located at a place at which the licensee produces or packages alcohol; and 2001-2002 Accise ( (b) not less than 90% of the volume of packaged alcohol supplied to the store from the particular premises in the year consists of alcohol that was packaged by, or, if the licensee was responsible for the alcohol immediately before it was packaged, on behalf of, the licensee. Exception for remote stores 155. (1) On application in the prescribed form and manner by an excise warehouse licensee who is a liquor authority or a non-retailer of alcohol, the Minister may authorize the licensee to supply during a calendar year from a particular premises specified in their excise warehouse licence to a retail store more than 30% of the total volume of packaged alcohol to be supplied from the premises to all retail stores during the year if the Minister is satisfied that the delivery of packaged alcohol by railway, truck or water vessel to the store is not possible for five consecutive months in every year. Revocation (2) The Minister may revoke an authorization under subsection (1) if (a) the licensee makes a written request to the Minister to revoke the authorization; (b) the licensee fails to comply with any condition imposed in respect of the authorization or any provision of this Act; (c) the Minister is no longer satisfied that the requirements of subsection (1) are met; or (d) the Minister considers that the authorization is no longer required. Notice of revocation (3) If the Minister revokes an authorization of a licensee, the Minister shall notify the licensee in writing of the revocation and its effective date. Removal of special container 156. An alcohol licensee who has marked a special container of alcohol may remove the container from their excise warehouse to return it to the bulk alcohol inventory of the licensee if the marking on the container is removed by the licensee in the manner approved by the Minister. �� C. 22 Excise, Removal of packaged wine from excise warehouse 157. A wine licensee may remove nonduty-paid packaged wine from their excise warehouse to return it to the bulk wine inventory of the licensee. Removal of packaged spirits from excise warehouse 158. A spirits licensee may remove nonduty-paid packaged spirits from their excise warehouse to return them to the bulk spirits inventory of the licensee. PART 5 GENERAL PROVISIONS CONCERNING DUTY AND OTHER AMOUNTS PAYABLE Fiscal Month Determination of fiscal months 159. (1) The fiscal months of a person shall be determined in accordance with the following rules: (a) if fiscal months of the person have been determined under subsection 243(2) or (4) of the Excise Tax Act for the purposes of Part IX of that Act, each of those fiscal months is a fiscal month of the person for the purposes of this Act; (b) if fiscal months of the person have not been determined under subsection 243(2) or (4) of the Excise Tax Act for the purposes of Part IX of that Act, the person may select for the purposes of this Act fiscal months that meet the requirements set out in that subsection 243(2); and (c) if neither paragraph (a) nor paragraph (b) applies, each calendar month is a fiscal month of the person for the purposes of this Act. Notification of Minister (2) Every person who is required to file a return shall notify the Minister of their fiscal months in the prescribed form and manner. Returns and Payment of Duty and Other Amounts Filing by licensee 160. (1) Every person who is licensed under this Act shall, not later than the last day of the first month after each fiscal month of the person, (a) file a return with the Minister, in the prescribed form and manner, for that fiscal month; 2001-2002 Accise ( (b) calculate, in the return, the total amount of the duty payable, if any, by the person for that fiscal month; and (c) pay that amount to the Receiver General. Exception — licensed tobacco dealers (2) Subsection (1) does not apply to licensed tobacco dealers. Filing by other persons 161. Every person who is not licensed under this Act and who is required to pay duty under this Act shall, not later than the last day of the first month after the fiscal month of the person in which the duty became payable, (a) file a return with the Minister, in the prescribed form and manner, for that fiscal month; (b) calculate, in the return, the total amount of the duty payable by the person for that fiscal month; and (c) pay that amount to the Receiver General. Set-off of refunds 162. If, at any time, a person files a return in which the person reports an amount that is required to be paid under this Act by them and the person claims a refund payable to them at that time, in the return or in another return, or in a separate application filed under this Act with the return, the person is deemed to have paid at that time, and the Minister is deemed to have refunded at that time, an amount equal to the lesser of the amount required to be paid and the amount of the refund. Large payments 163. Every person who is required under this Act to pay any duty, interest or other amount to the Receiver General shall, if the amount is $50,000 or more, make the payment to the account of the Receiver General at (a) a bank; (b) an authorized foreign bank, as defined in section 2 of the Bank Act, that is not subject to the restrictions and requirements referred to in subsection 524(2) of that Act; (c) a credit union; (d) a corporation authorized under the laws of Canada or a province to carry on the business of offering its services as a trustee to the public; or �� C. 22 Excise, (e) a corporation authorized under the laws of Canada or a province to accept deposits from the public and that carries on the business of lending money on the security of real property or immovables or investing in mortgages on real property or hypothecs on immovables. Authority for separate returns 164. (1) A licensee who engages in one or more activities in separate branches or divisions may file an application, in the prescribed form and manner, with the Minister for authority to file separate returns and applications for refunds under this Act in respect of a branch or division specified in the application. Authorization by Minister (2) On receipt of the application, the Minister may, in writing, authorize the licensee to file separate returns and applications for refunds in relation to the specified branch or division, subject to any conditions that the Minister may at any time impose, if the Minister is satisfied that (a) the branch or division can be separately identified by reference to the location of the branch or division or the nature of the activities engaged in by it; and (b) separate records, books of account and accounting systems are maintained in respect of the branch or division. Revocation of authorization (3) The Minister may revoke an authorization if (a) the licensee, in writing, requests the Minister to revoke the authorization; (b) the licensee fails to comply with any condition imposed in respect of the authorization or any provision of this Act; (c) the Minister is no longer satisfied that the requirements of subsection (2) in respect of the licensee are met; or (d) the Minister considers that the authorization is no longer required. 2001-2002 Accise ( Notice of revocation (4) If the Minister revokes an authorization, the Minister shall send a notice in writing of the revocation to the licensee and shall specify in the notice the effective date of the revocation. Small amounts owing 165. (1) If, at any time, the total of all unpaid amounts owing by a person to the Receiver General under this Act does not exceed a prescribed amount, the amount owing by the person is deemed to be nil. Small amounts payable (2) If, at any time, the total of all amounts payable by the Minister to a person under this Act does not exceed a prescribed amount, the Minister is not required to pay any of the amounts payable. The Minister may apply those amounts against a liability of the person. Meaning of ‘‘electronic filing’’ 166. (1) For the purposes of this section, ‘‘electronic filing’’ means using electronic media in a manner specified in writing by the Minister. Filing of return by electronic filing (2) A person who is required to file with the Minister a return under this Act, and who meets the criteria specified in writing by the Minister for the purposes of this section, may file the return by way of electronic filing. Deemed filing (3) For the purposes of this Act, if a person files a return by way of electronic filing, it is deemed to be a return in the prescribed form filed with the Minister on the day the Minister acknowledges acceptance of it. Execution of returns, etc. 167. A return, other than a return filed by way of electronic filing under section 166, a certificate or other document made by a person, other than an individual, under this Act shall be signed on behalf of the person by an individual duly authorized to do so by the person or the governing body of the person. If the person is a corporation or an association or organization that has duly elected or appointed officers, the president, vice-president, secretary and treasurer, or other equivalent officers, of the corporation, association or organization, are deemed to be so duly authorized. �� C. 22 Excise, Extension of time 168. (1) At any time, the Minister may, in writing, extend the time limited under this Act for a person to file a return or provide information. Effect of extension (2) If the Minister extends the time under subsection (1), (a) the return shall be filed, or the information shall be provided, within the time so extended; (b) any duty payable that the person is required to report in the return shall be paid within the time so extended; and (c) interest is payable under section 170 as if the time had not been extended. Demand for return 169. The Minister may, on demand served personally or by registered or certified mail, require any person to file, within any reasonable time that may be stipulated in the demand, a return under this Act for any period that may be designated in the demand. Interest Compound interest on amounts not paid when required 170. (1) If a person fails to pay an amount to the Receiver General as and when required under this Act, the person shall pay to the Receiver General interest on the amount. The interest shall be compounded daily at the prescribed rate and computed for the period beginning on the first day after the day on which the amount was required to be paid and ending on the day the amount is paid. Payment of interest that is compounded (2) For the purposes of subsection (1), interest that is compounded on a particular day on an unpaid amount of a person is deemed to be required to be paid by the person to the Receiver General at the end of the particular day, and, if the person has not paid the interest so computed by the end of the day after the particular day, the interest shall be added to the unpaid amount at the end of the particular day. Minister may issue notice (3) The Minister may serve or send to a person who is required under this Act to pay an amount that may consist of principal and interest a notice specifying the amount owed by the person and a date by which the payment must be made. 2001-2002 Accise ( Effect of notice (4) If the person to whom a notice referred to in subsection (3) is served or sent pays in full the specified amount within the specified time, interest is not payable, despite subsection (1), on the amount for the period beginning on the date of the notice and ending on the day on which the amount is paid. Minimal interest amounts (5) If at any time a person has paid all amounts, other than interest, owed to Her Majesty under this Act and, immediately before that time, the total amount of interest owed by the person under this Act is less than the prescribed amount, the Minister may write off and cancel the interest owed. Compound interest on amounts owed by Her Majesty 171. Interest shall be compounded daily at the prescribed rate on amounts owed by Her Majesty to a person and computed for the period beginning on the first day after the day on which the amount is required to be paid by Her Majesty and ending on the day on which the amount is paid or is applied against an amount owed by the person to Her Majesty. Application of interest provisions if Act amended 172. For greater certainty, if a provision of an Act amends this Act and provides that the amendment comes into force on, or applies as of, a particular day that is before the day on which the provision is assented to, the provisions of this Act that relate to the calculation and payment of interest apply in respect of the amendment as though the provision had been assented to on the particular day. Waiving or reducing interest 173. The Minister may at any time waive or reduce any interest payable by a person under this Act. Refunds Statutory recovery rights 174. Except as specifically provided under this Act, the Customs Act, the Customs Tariff or the Financial Administration Act, no person has a right to recover any money paid to Her Majesty as or on account of, or that has been taken into account by Her Majesty as, duty, interest or other amount payable under this Act. �� C. 22 Excise, Applications for refunds 175. (1) An application for a refund under this Act shall be filed with the Minister in the prescribed form and manner. Single application (2) Only one application may be made under this Act for a refund with respect to any matter. Payment if error 176. (1) If a person has paid an amount as or on account of, or that was taken into account as, duty, interest or other amount payable under this Act in circumstances in which the amount was not payable by the person, whether the amount was paid by mistake or otherwise, the Minister shall pay a refund of that amount to the person. Restriction (2) A refund in respect of an amount shall not be paid to a person to the extent that (a) the amount was taken into account as duty for a fiscal month of the person and the Minister has assessed the person for the month under section 188; or (b) the amount paid was duty, interest or other amount assessed under that section. Application for refund (3) A refund of an amount shall not be paid to a person unless the person files an application for the refund within two years after the person paid the amount. Restriction on refunds, etc. 177. A refund or a payment of an amount under this Act shall not be paid to a person to the extent that it can reasonably be regarded that (a) the amount has previously been refunded, remitted, applied or paid to that person under this or any other Act of Parliament; or (b) the person has applied for a refund, payment or remission of the amount under any other Act of Parliament. Restriction re trustees 178. If a trustee is appointed under the Bankruptcy and Insolvency Act to act in the administration of the estate of a bankrupt, a refund or any other payment under this Act that the bankrupt was entitled to claim before the appointment shall not be paid after the 2001-2002 Accise ( appointment unless all returns required under this Act to be filed for fiscal months of the bankrupt ending before the appointment have been filed and all amounts required under this Act to be paid by the bankrupt in respect of those fiscal months have been paid. Overpayment of refunds, etc. 179. (1) If an amount is paid to, or applied to a liability of, a person as a refund or other payment under this Act and the person is not entitled to the amount or the amount paid or applied exceeds the refund or other payment to which the person is entitled, the person shall pay to the Receiver General an amount equal to the refund, payment or excess on the day the amount is paid to, or applied to a liability of, the person. Effect of reduction of refund, etc. (2) For the purposes of subsection (1), if a refund or other payment has been paid to a person in excess of the amount to which the person was entitled and the amount of the excess has, by reason of section 177, reduced the amount of any other refund or other payment to which the person would, but for the payment of the excess, be entitled, the person is deemed to have paid the amount of the reduction to the Receiver General. No refund on exported tobacco products or alcohol 180. Subject to this Act, the duty paid on any tobacco product or alcohol entered into the duty-paid market shall not be refunded on the exportation of the tobacco product or alcohol. Re-worked or destroyed tobacco products 181. The Minister may refund to a tobacco licensee the duty paid on a tobacco product that is re-worked or destroyed by the tobacco licensee in accordance with section 41 if the licensee applies for the refund within two years after the tobacco product is re-worked or destroyed. Refund of tax to importer if foreign taxes paid 182. (1) The Minister may refund, to a person who has imported into a foreign country a tobacco product (as defined in section 55) that was manufactured in Canada and exported by the tobacco licensee who manufactured it to the foreign country in accordance with paragraph 50(4)(a), an amount determined in accordance with subsection (2) in respect of the product if �� C. 22 Excise, (a) the person provides evidence satisfactory to the Minister that (i) all taxes and duties imposed on the product under the laws of the foreign country having national application have been paid, and (ii) the container containing the product has printed on it or affixed to it tobacco markings; and (b) the person applies to the Minister for the refund within two years after the product was exported to the foreign country. Determination of refund (2) The amount of the refund under subsection (1) is equal to the lesser of (a) the total of the taxes and duties referred to in subparagraph (1)(a)(i) that are paid in respect of the tobacco product, and (b) the amount of the special duty imposed under paragraph 56(1)(a) in respect of the product that is paid by the tobacco licensee who manufactured it. Overpayment of refund or interest (3) If an amount has been paid to a person as a refund in respect of a tobacco product exported by the tobacco licensee who manufactured it or as interest in respect of such a refund and a special duty under paragraph 56(1)(b) was imposed in respect of the product, the amount is deemed to be duty payable under this Act by the licensee that became payable during the fiscal month of the licensee in which the amount was paid to the person. Refund of special duty to tobacco licensee if foreign taxes paid (4) If a refund under subsection (1) has been paid in respect of an exported tobacco product, the Minister may refund to the tobacco licensee who manufactured the product the amount, if any, by which the special duty imposed under paragraph 56(1)(a) in respect of the product and paid by the licensee exceeds the amount of the refund under subsection (1) if the licensee applies to the Minister for the refund under this subsection within two years after the product was exported. 2001-2002 Refund of special duty to duty free shop licensee Accise ( 183. (1) If a duty free shop licensee who holds a licence issued under section 22 sells, in accordance with the Customs Act, imported manufactured tobacco to an individual who is not a resident of Canada and who is about to depart Canada, the Minister may refund to the licensee the special duty paid under section 53 in respect of that portion of the total quantity of the tobacco exported by the individual on their departure that does not exceed (a) in the case of cigarettes, 200 cigarettes; (b) in the case of tobacco sticks, 200 sticks; and (c) in the case of manufactured tobacco other than cigarettes and tobacco sticks, 200 g. Application (2) No refund shall be paid to a duty free shop licensee in respect of a sale of imported manufactured tobacco unless the licensee applies to the Minister for the refund within two years after the sale. Payment if bad debt 184. (1) If an ad valorem duty under section 43 has been paid by a tobacco licensee in respect of an arm’s length sale of cigars and the licensee has established that any debt owing to the licensee in respect of the sale has become in whole or in part a bad debt and has accordingly written off all or part of the debt as a bad debt in the licensee’s books of account, an amount equal to the proportion of the amount of that duty that the amount of the debt written off is of the price for which the cigars were sold may, subject to this Act, be paid to that licensee if the licensee applies for a refund of the amount within two years after the end of the licensee’s fiscal month during which the debt was so written off. Recovery of payment (2) If a tobacco licensee recovers all or any part of a debt in respect of which an amount is paid to the licensee under subsection (1) (in this subsection referred to as the ‘‘refunded amount’’), that licensee shall immediately pay to the Receiver General an amount equal to the proportion of the refunded amount that the amount of the debt so recovered is of the amount of the debt written off in respect of which the refunded amount was paid. �� C. 22 Excise, Definition of ‘‘arm’s length sale’’ (3) In this section, ‘‘arm’s length sale’’ in respect of cigars means a sale of cigars by a tobacco licensee to a person with whom the licensee is dealing at arm’s length at the time of the sale. Refund — imported bulk spirits 185. (1) If imported bulk spirits on which special duty has been paid are returned by a licensed user to the spirits licensee who supplied them to the licensed user, the Minister may refund the duty to the spirits licensee who paid the duty if the licensee applies for the refund within two years after the spirits are returned. Refund — packaged imported spirits (2) If imported spirits that are packaged and on which special duty has been paid are returned under prescribed conditions by a licensed user to the excise warehouse of the excise warehouse licensee who supplied them to the licensed user, the Minister may refund the duty to the excise warehouse licensee who paid the duty if the excise warehouse licensee applies for the refund within two years after the spirits are returned. Refund — alcohol returned to warehouse 186. If packaged alcohol that has been removed from the excise warehouse of an excise warehouse licensee for entry into the duty-paid market is returned in accordance with section 152 to the warehouse, the Minister may refund to the licensee the duty paid on the alcohol if the licensee applies for the refund within two years after the alcohol is returned. Refund — alcohol in special container 187. If a marked special container of alcohol is returned to the excise warehouse licensee who paid duty on the alcohol, the Minister may refund to the licensee the duty on the alcohol remaining in the container when it is returned if the licensee (a) destroys the alcohol in the manner approved by the Minister; and (b) applies for the refund within two years after the container is returned. 2001-2002 Accise ( Assessments Assessments 188. (1) The Minister may assess (a) the duty payable by a person for a fiscal month of the person; and (b) subject to section 190, interest and any other amount payable by a person under this Act. Reassessment (2) The Minister may reassess or make an additional assessment of any duty, interest or other amount that may be assessed under subsection (1). Allowance of unclaimed amounts (3) If, in assessing the duty, interest or other amount payable by a person for a fiscal month of the person or other amount payable by a person under this Act, the Minister determines that (a) a refund would have been payable to the person if it had been claimed in an application under this Act filed on the particular day that is (i) if the assessment is in respect of duty payable for the fiscal month, the day on which the return for the month was required to be filed, or (ii) if the assessment is in respect of interest or other amount, the day on which the interest or other amount became payable by the person, (b) the refund was not claimed by the person in an application filed before the day on which notice of the assessment is sent to the person, and (c) the refund would be payable to the person if it were claimed in an application under this Act filed on the day on which notice of the assessment is sent to the person or would be disallowed if it were claimed in that application only because the period for claiming the refund expired before that day, the Minister shall, unless otherwise requested by the person, apply all or part of the refund against that duty, interest or other amount that is payable as if the person had, on the particular day, paid the amount so applied on account of that duty, interest or other amount. �� Application of overpayment C. 22 Excise, (4) If, in assessing the duty payable by a person for a fiscal month of the person, the Minister determines that there is an overpayment of duty payable for the month, unless the assessment is made in the circumstances described in paragraph 191(4)(a) or (b) after the time otherwise limited for the assessment under paragraph 191(1)(a), the Minister shall, unless otherwise requested by the person, (a) apply (i) all or part of the overpayment against (ii) any amount (in this paragraph referred to as the ‘‘outstanding amount’’) that, on the particular day on which the person was required to file a return for the month, the person defaulted in paying under this Act and that remains unpaid on the day on which notice of the assessment is sent to the person, as if the person had, on the particular day, paid the amount so applied on account of the outstanding amount; (b) apply (i) all or part of the overpayment that was not applied under paragraph (a) together with interest on the overpayment at the prescribed rate, computed for the period beginning on the day that is 30 days after the latest of (A) the particular day, (B) the day on which the return for the fiscal month was filed, and (C) in the case of an overpayment that is attributable to a payment made on a day subsequent to the days referred to in clauses (A) and (B), that subsequent day, and ending on the day on which the person defaulted in paying the outstanding amount referred to in subparagraph (ii) against 2001-2002 Accise ( (ii) any amount (in this paragraph referred to as the ‘‘outstanding amount’’) that, on a day (in this paragraph referred to as the ‘‘later day’’) after the particular day, the person defaulted in paying under this Act and that remains unpaid on the day on which notice of the assessment is sent to the person, as if the person had, on the later day, paid the amount and interest so applied on account of the outstanding amount; and (c) refund to the person the part of the overpayment that was not applied under paragraphs (a) and (b) together with interest on the refund at the prescribed rate, computed for the period beginning on the day that is 30 days after the latest of (i) the particular day, (ii) the day on which the return for the fiscal month was filed, and (iii) in the case of an overpayment that is attributable to a payment made on a day subsequent to the days referred to in subparagraphs (i) and (ii), that subsequent day, and ending on the day on which the refund is paid to the person. Application of payment (5) If, in assessing the duty payable by a person for a fiscal month of the person or an amount (in this subsection referred to as the ‘‘overdue amount’’) payable by a person under this Act, all or part of a refund is not applied under subsection (3) against that duty payable or overdue amount, except if the assessment is made in the circumstances described in paragraph 191(4)(a) or (b) after the time otherwise limited for the assessment under paragraph 191(1)(a), the Minister shall, unless otherwise requested by the person, (a) apply (i) all or part of the refund that was not applied under subsection (3) against (ii) any other amount (in this paragraph referred to as the ‘‘outstanding amount’’) that, on the particular day that is �� C. 22 Excise, (A) if the assessment is in respect of duty payable for the fiscal month, the day on which the return for the month was required to be filed, or (B) if the assessment is in respect of an overdue amount, the day on which the overdue amount became payable by the person, the person defaulted in paying under this Act and that remains unpaid on the day on which notice of the assessment is sent to the person, as if the person had, on the particular day, paid the refund so applied on account of the outstanding amount; (b) apply (i) all or part of the refund that was not applied under subsection (3) or paragraph (a) together with interest on the refund at the prescribed rate, computed for the period beginning on the day that is 30 days after the later of (A) the particular day, and (B) if the assessment is in respect of duty payable for the fiscal month, the day on which the return for the month was filed, and ending on the day on which the person defaulted in paying the outstanding amount referred to in subparagraph (ii) against (ii) any amount (in this paragraph referred to as the ‘‘outstanding amount’’) that, on a day (in this paragraph referred to as the ‘‘later day’’) after the particular day, the person defaulted in paying under this Act and that remains unpaid on the day on which notice of the assessment is sent to the person, as if the person had, on the later day, paid the refund and interest so applied on account of the outstanding amount; and (c) refund to the person the part of the refund that was not applied under any of subsection (3) and paragraphs (a) and (b) 2001-2002 Accise ( together with interest on the refund at the prescribed rate, computed for the period beginning on the day that is 30 days after the later of (i) the particular day, and (ii) if the assessment is in respect of duty payable for the fiscal month, the day on which the return for the month was filed, and ending on the day on which the refund is paid to the person. Limitation on refunding overpayments (6) An overpayment of duty payable for a fiscal month of a person and interest on the overpayment shall not be applied under paragraph (4)(b) or refunded under paragraph (4)(c) unless the person has, before the day on which notice of the assessment is sent to the person, filed all returns or other records that the person was required to file with the Minister under this Act, the Customs Act, the Excise Act, the Excise Tax Act and the Income Tax Act. Limitation (7) A refund or a part of the refund that was not applied under subsection (3) and interest on the refund under paragraphs (5)(b) and (c) (a) shall not be applied under paragraph (5)(b) against an amount (in this paragraph referred to as the ‘‘outstanding amount’’) that is payable by a person unless the refund would have been payable to the person as a refund if the person had claimed it in an application under this Act filed on the day on which the person defaulted in paying the outstanding amount and, in the case of a payment under section 176, if that section allowed the person to claim the payment within four years after the person paid the amount in respect of which the payment would be so payable; and (b) shall not be refunded under paragraph (5)(c) unless (i) the refund would have been payable to the person as a refund if the person had claimed it in an application under this Act filed on the day on which notice of the assessment is sent to the person, and �� C. 22 Excise, (ii) the person has filed all returns or other records that the person was required to file with the Minister under this Act, the Customs Act, the Excise Act, the Excise Tax Act and the Income Tax Act before the day on which notice of the assessment is sent to the person. Deemed claim or application (8) If, in assessing any duty, interest or other amount payable by a person under this Act, the Minister applies or refunds an amount under subsection (3), (4) or (5), (a) the person is deemed to have claimed the amount in a return or application filed under this Act; and (b) to the extent that an amount is applied against any duty, interest or other amount payable by the person, the Minister is deemed to have refunded or paid the amount to the person and the person is deemed to have paid the duty, interest or other amount payable against which it was applied. Refund on reassessment (9) If a person has paid an amount on account of any duty, interest or other amount assessed under this section in respect of a fiscal month and the amount paid exceeds the amount determined on reassessment to have been payable by the person, the Minister may refund to the person the amount of the excess, together with interest on the excess amount at the prescribed rate for the period that (a) begins on the day that is 30 days after the latest of (i) the day on which the person was required to file a return for the month, (ii) the day on which the person filed a return for the month, and (iii) the day on which the amount was paid by the person; and 2001-2002 Accise ( (b) ends on the day on which the refund is paid. Meaning of ‘‘overpayment of duty payable’’ (10) In this section, ‘‘overpayment of duty payable’’ of a person for a fiscal month of the person means the amount, if any, by which the total of all amounts paid by the person on account of duty payable for the month exceeds the total of (a) the duty payable for the month, and (b) all amounts paid to the person under this Act as a refund for the month. Assessment of refund 189. (1) On receipt of an application made by a person for a refund under this Act, the Minister shall, without delay, consider the application and assess the amount of the refund, if any, payable to the person. Reassessment (2) The Minister may reassess or make an additional assessment of the amount of a refund despite any previous assessment of the amount of the refund. Payment (3) If on assessment under this section the Minister determines that a refund is payable to a person, the Minister shall pay the refund to the person. Restriction (4) A refund shall not be paid until the person has filed with the Minister all returns or other records that are required to be filed under this Act, the Customs Act, the Excise Act, the Excise Tax Act and the Income Tax Act. Interest (5) If a refund is paid to a person, the Minister shall pay interest at the prescribed rate to the person on the refund for the period beginning on the day that is 30 days after the day on which the application for the refund is filed with the Minister and ending on the day on which the refund is paid. No assessment for penalty 190. No assessment shall be made for any penalty imposed under section 254. Limitation period for assessments 191. (1) Subject to subsections (3) to (7), no assessment shall be made for any duty, interest or other amount payable under this Act (a) in the case of an assessment of the duty payable for a fiscal month, more than four �� C. 22 Excise, years after the later of the day on which the return for the month was required to be filed and the day on which the return was filed; (b) in the case of an assessment for any other amount payable under this Act, more than four years after the amount became payable; or (c) in the case of an assessment for an amount for which a trustee in bankruptcy became liable under section 212, after the earlier of (i) the day that is 90 days after the return on which the assessment is based is filed with, or other evidence of the facts on which the assessment is based comes to the attention of, the Minister, and (ii) the expiry of the period referred to in paragraph (a) or (b), whichever applies in the circumstances. Limitation re refund assessment (2) Subject to subsections (3) to (7), an assessment of the amount of a refund or any other payment that may be obtained under this Act may be made at any time but a reassessment or additional assessment of an amount paid or applied as a refund under this Act or of an amount paid as interest in respect of an amount paid or applied as a refund under this Act shall not be made more than four years after the application for the amount was filed in accordance with this Act. Exception (3) Subsections (1) and (2) do not apply to a reassessment of a person made (a) to give effect to a decision on an objection or appeal; or (b) with the consent in writing of the person to dispose of an appeal. No limitation on assessment if fraud, etc. (4) An assessment in respect of any matter may be made at any time if the person to be assessed has, in respect of that matter, (a) made a misrepresentation that is attributable to their neglect, carelessness or wilful default; 2001-2002 Accise ( (b) committed fraud (i) in making or filing a return under this Act, (ii) in making or filing an application for a refund under this Act, or (iii) in supplying or failing to supply any information under this Act; or (c) filed a waiver under subsection (8) that is in effect at that time. No limitation if payment for another fiscal month (5) If, in making an assessment, the Minister determines that a person has paid in respect of any matter an amount as or on account of duty payable for a fiscal month of the person that was payable for another fiscal month of the person, the Minister may at any time make an assessment for that other month in respect of that matter. Reduction of duty — fiscal month (6) If the result of a reassessment on an objection to, or a decision on an appeal from, an assessment is to reduce the amount of duty payable by a person and, by reason of the reduction, any refund or other payment claimed by the person for a fiscal month, or in an application for a refund or other payment, should be decreased, the Minister may at any time assess or reassess that fiscal month or that application only for the purpose of taking the reduction of duty into account in respect of the refund or other payment. Alternative argument in support of assessment (7) The Minister may advance an alternative argument in support of an assessment of a person at any time after the period otherwise limited by subsection (1) or (2) for making the assessment unless on an appeal under this Act (a) there is relevant evidence that the person is no longer able to adduce without the leave of the court; and (b) it is not appropriate in the circumstances for the court to order that the evidence be adduced. �� C. 22 Excise, Waiver (8) Any person may, within the time otherwise limited by subsection (1) or (2) for an assessment, waive the application of subsection (1) or (2) by filing with the Minister a waiver in the prescribed form and manner specifying the matter in respect of which the person waives the application of that subsection. Revoking waiver (9) Any person who files a waiver under subsection (8) may revoke it on six months notice to the Minister by filing with the Minister a notice of revocation of the waiver in the prescribed form and manner. Minister not bound 192. (1) The Minister is not bound by any return, application or information provided by or on behalf of a person and may make an assessment despite any return, application or information provided or not provided. Liability not affected (2) Liability to pay any duty, interest or other amount is not affected by an incorrect or incomplete assessment or by the fact that no assessment has been made. Binding effect — unincorporated body (3) If a person (referred to in this subsection as the ‘‘body’’) that is not an individual or a corporation is assessed in respect of any matter, (a) the assessment is not invalid only because one or more other persons (each of which is referred to in this subsection as a ‘‘representative’’) who are liable for obligations of the body did not receive a notice of the assessment; (b) the assessment is binding on each representative of the body, subject to a reassessment of the body and the rights of the body to object to or appeal from the assessment under this Act; and (c) an assessment of a representative in respect of the same matter is binding on the representative, subject only to a reassessment of the representative and the rights of the representative to object to or appeal from the assessment of the representative under this Act on the grounds that the representative is not a person who is liable to pay an amount to which the assessment of the body relates, the body has been 2001-2002 Accise ( reassessed in respect of that matter or the assessment of the body in respect of that matter has been vacated. Assessment deemed valid (4) Subject to being reassessed or vacated as a result of an objection or appeal under this Act, an assessment is deemed to be valid and binding despite any error, defect or omission in the assessment or in any proceeding under this Act relating to it. Irregularities (5) An appeal from an assessment shall not be allowed by reason only of an irregularity, informality, omission or error on the part of any person in the observation of a directory provision of this Act. Notice of assessment 193. (1) After making an assessment, the Minister shall send to the person assessed a notice of the assessment. Scope of notice (2) A notice of assessment may include assessments in respect of any number or combination of fiscal months, refunds or amounts payable under this Act. Assessment payable 194. Any amount assessed by the Minister is payable by the person assessed as of the date of the assessment. Objections to Assessment Objection to assessment Issue to be decided 195. (1) Any person who has been assessed and who objects to the assessment may, within 90 days after the date of the notice of the assessment, file with the Minister a notice of objection in the prescribed form and manner setting out the reasons for the objection and all relevant facts. (2) A notice of objection shall (a) reasonably describe each issue to be decided; (b) specify in respect of each issue the relief sought, expressed as the change in any amount that is relevant for the purposes of the assessment; and �� C. 22 Excise, (c) provide the facts and reasons relied on by the person in respect of each issue. Late compliance (3) Despite subsection (2), if a notice of objection does not include the information required under paragraph (2)(b) or (c) in respect of an issue to be decided that is described in the notice, the Minister may, in writing, request the person to provide the information, and that paragraph is deemed to be complied with in respect of the issue if, within 60 days after the request is made, the person submits the information in writing to the Minister. Limitation on objections (4) Despite subsection (1), if a person has filed a notice of objection to an assessment (in this subsection referred to as the ‘‘earlier assessment’’) and the Minister makes a particular assessment under subsection (8) as a result of the notice of objection, unless the earlier assessment was made in accordance with an order of a court vacating, varying or restoring an assessment or referring an assessment back to the Minister for reconsideration and reassessment, the person may object to the particular assessment in respect of an issue (a) only if the person complied with subsection (2) in the notice with respect to that issue; and (b) only with respect to the relief sought in respect of that issue as specified by the person in the notice. Application of subsection (4) (5) If a person has filed a notice of objection to an assessment (in this subsection referred to as the ‘‘earlier assessment’’) and the Minister makes a particular assessment under subsection (8) as a result of the notice of objection, subsection (4) does not limit the right of the person to object to the particular assessment in respect of an issue that was part of the particular assessment and not part of the earlier assessment. Limitation on objections (6) Despite subsection (1), no objection may be made by a person in respect of an issue for which the right of objection has been waived in writing by the person. 2001-2002 Accise ( Acceptance of objection (7) The Minister may accept a notice of objection even though it was not filed in the prescribed form and manner. Consideration of objection (8) On receipt of a notice of objection, the Minister shall, without delay, reconsider the assessment and vacate or confirm it or make a reassessment. Waiving reconsideration (9) If, in a notice of objection, a person who wishes to appeal directly to the Tax Court requests the Minister not to reconsider the assessment objected to, the Minister may confirm the assessment without reconsideration. Notice of decision (10) After reconsidering an assessment under subsection (8) or confirming an assessment under subsection (9), the Minister shall send notice of the Minister’s decision by registered or certified mail to the person objecting. Extension of time by Minister 196. (1) If no objection to an assessment is filed under section 195 within the time limited under this Act, a person may make an application to the Minister to extend the time for filing a notice of objection and the Minister may grant the application. Contents of application (2) An application must set out the reasons why the notice of objection was not filed within the time limited under this Act for doing so. How application made (3) An application must be made by delivering or mailing to the Chief of Appeals in a Tax Services Office or Taxation Centre of the Agency the application accompanied by a copy of the notice of objection. Defect in application (4) The Minister may accept an application even though it was not made in accordance with subsection (3). Duties of Minister (5) On receipt of an application, the Minister shall, without delay, consider the application and grant or refuse it, and shall notify the person of the decision by registered or certified mail. Date of objection if application granted (6) If an application is granted, the notice of objection is deemed to have been filed on the day of the decision of the Minister. �� Conditions — grant of application C. 22 Excise, (7) No application shall be granted under this section unless (a) the application is made within one year after the expiry of the time limited under this Act for objecting; and (b) the person demonstrates that (i) within the time limited under this Act for objecting, the person (A) was unable to act or to give a mandate to act in their name, and (B) had a bona fide intention to object to the assessment, (ii) given the reasons set out in the application and the circumstances of the case, it would be just and equitable to grant the application, and (iii) the application was made as soon as circumstances permitted it to be made. Appeal Extension of time by Tax Court 197. (1) A person who has made an application under section 196 may apply to the Tax Court to have the application granted after either (a) the Minister has refused the application; or (b) 90 days have elapsed after the application was made and the Minister has not notified the person of the Minister’s decision. When application may not be made (2) No application may be made after the expiry of 30 days after the decision referred to in subsection 196(5) was mailed to the person. How application made (3) An application must be made by filing in the Registry of the Tax Court, in accordance with the Tax Court of Canada Act, three copies of the documents delivered or mailed under subsection 196(3). Copy to the Commissioner (4) The Tax Court must send a copy of the application to the Commissioner. Powers of Court (5) The Tax Court may dispose of an application by dismissing or granting it and, in granting it, the Court may impose any terms that it considers just or order that the notice of objection be deemed to be a valid objection as of the date of the order. 2001-2002 When application to be granted Accise ( (6) No application shall be granted under this section unless (a) the application under subsection 196(1) was made within one year after the expiry of the time limited under this Act for objecting; and (b) the person demonstrates that (i) within the time limited under this Act for objecting, the person (A) was unable to act or to give a mandate to act in their name, and (B) had a bona fide intention to object to the assessment, (ii) given the reasons set out in the application under this section and the circumstances of the case, it would be just and equitable to grant the application, and (iii) the application under subsection 196(1) was made as soon as circumstances permitted it to be made. Appeal to Tax Court 198. (1) Subject to subsection (2), a person who has filed a notice of objection to an assessment may appeal to the Tax Court to have the assessment vacated or a reassessment made after (a) the Minister has confirmed the assessment or has reassessed; or (b) 180 days have elapsed after the filing of the notice of objection and the Minister has not notified the person that the Minister has vacated or confirmed the assessment or has reassessed. No appeal (2) No appeal under subsection (1) may be instituted after the expiry of 90 days after notice that the Minister has reassessed or confirmed the assessment is sent to the person under subsection 195(10). Amendment of appeal (3) The Tax Court may, on any terms that it sees fit, authorize a person who has instituted an appeal in respect of a matter to amend the appeal to include any further assessment in respect of the matter that the person is entitled under this section to appeal. �� C. 22 Excise, Extension of time to appeal 199. (1) If no appeal to the Tax Court under section 198 has been instituted within the time limited by that section for doing so, a person may make an application to the Tax Court for an order extending the time within which an appeal may be instituted, and the Court may make an order extending the time for appealing and may impose any terms that it considers just. Contents of application (2) An application must set out the reasons why the appeal was not instituted within the time limited under section 198 for doing so. How application made (3) An application must be made by filing in the Registry of the Tax Court, in accordance with the Tax Court of Canada Act, three copies of the application together with three copies of the notice of appeal. Copy to Deputy Attorney General of Canada (4) The Tax Court must send a copy of the application to the office of the Deputy Attorney General of Canada. When order to be made (5) No order shall be made under this section unless (a) the application is made within one year after the expiry of the time limited under section 198 for appealing; and (b) the person demonstrates that (i) within the time limited under section 198 for appealing, the person (A) was unable to act or to give a mandate to act in their name, and (B) had a bona fide intention to appeal, (ii) given the reasons set out in the application and the circumstances of the case, it would be just and equitable to grant the application, (iii) the application was made as soon as circumstances permitted it to be made, and (iv) there are reasonable grounds for appealing from the assessment. Limitation on appeals to the Tax Court 200. (1) Despite section 198, if a person has filed a notice of objection to an assessment, the person may appeal to the Tax Court to have the assessment vacated, or a reassessment made, only with respect to 2001-2002 Accise ( (a) an issue in respect of which the person has complied with subsection 195(2) in the notice and only with respect to the relief sought in respect of the issue as specified by the person in the notice; or (b) an issue described in subsection 195(5) if the person was not required to file a notice of objection to the assessment that gave rise to the issue. No appeal if waiver (2) Despite section 198, a person may not appeal to the Tax Court to have an assessment vacated or varied in respect of an issue for which the right of objection or appeal has been waived in writing by the person. Institution of appeals 201. An appeal to the Tax Court under this Act shall be instituted in accordance with the Tax Court of Canada Act. Notice to the Commissioner 202. If an appeal is made to the Tax Court under section 18.3001 of the Tax Court of Canada Act, the Court shall immediately send a copy of the notice of appeal to the office of the Commissioner. Disposition of appeal 203. The Tax Court may dispose of an appeal from an assessment by (a) dismissing it; or (b) allowing it and (i) vacating the assessment, or (ii) referring the assessment back to the Minister for reconsideration and reassessment. References to Tax Court 204. (1) If the Minister and another person agree in writing that a question arising under this Act, in respect of any assessment or proposed assessment, should be determined by the Tax Court, that question shall be determined by that Court. Time during consideration not to count (2) For the purpose of making an assessment of a person who agreed in writing to the determination of a question, filing a notice of objection to an assessment or instituting an appeal from an assessment, the time between the day on which proceedings are instituted in the Tax Court to have a question determined �� C. 22 Excise, and the day on which the question is finally determined shall not be counted in the computation of (a) the four-year periods referred to in section 191; (b) the period within which a notice of objection to an assessment may be filed under section 195; or (c) the period within which an appeal may be instituted under section 198. Reference of common questions to Tax Court Contents of application 205. (1) If the Minister is of the opinion that a question arising out of one and the same transaction or occurrence or series of transactions or occurrences is common to assessments or proposed assessments in respect of two or more persons, the Minister may apply to the Tax Court for a determination of the question. (2) An application shall set out (a) the question in respect of which the Minister requests a determination; (b) the names of the persons that the Minister seeks to have bound by the determination of the question; and (c) the facts and reasons on which the Minister relies and on which the Minister based or intends to base assessments of each person named in the application. Service (3) A copy of the application shall be served by the Minister on each of the persons named in it and on any other person who, in the opinion of the Tax Court, is likely to be affected by the determination of the question. Determination by Tax Court of question (4) If the Tax Court is satisfied that a determination of a question set out in an application will affect assessments or proposed assessments in respect of two or more persons who have been served with a copy of the application and who are named in an order of the Tax Court under this subsection, it may (a) if none of the persons so named has appealed from such an assessment, proceed to determine the question in any manner that it considers appropriate; or (b) if one or more of the persons so named has or have appealed, make any order 2001-2002 Accise ( joining a party or parties to that or those appeals that it considers appropriate and proceed to determine the question. Determination final and conclusive (5) Subject to subsection (6), if a question set out in an application is determined by the Tax Court, the determination is final and conclusive for the purposes of any assessments of persons named by the Court under subsection (4). Appeal (6) If a question set out in an application is determined by the Tax Court, the Minister or any of the persons who have been served with a copy of the application and who are named in an order of the Court under subsection (4) may, in accordance with the provisions of this Act, the Tax Court of Canada Act or the Federal Court Act, as they relate to appeals from or applications for judicial review of decisions of the Tax Court, appeal from the determination. Parties to appeal (7) The parties who are bound by a determination are parties to any appeal from the determination. Time during consideration not counted (8) For the purpose of making an assessment of the person, filing a notice of objection to an assessment or instituting an appeal from an assessment, the periods described in subsection (9) shall not be counted in the computation of (a) the four-year periods referred to in section 191; (b) the period within which a notice of objection to an assessment may be filed under section 195; or (c) the period within which an appeal may be instituted under section 198. Excluded periods (9) The period that is not to be counted in the computation of the periods described in paragraphs (8)(a) to (c) is the time between the day on which an application that is made under this section is served on a person under subsection (3) and (a) in the case of a person named in an order of the Tax Court under subsection (4), the �� C. 22 Excise, day on which the determination becomes final and conclusive and not subject to any appeal; or (b) in the case of any other person, the day on which the person is served with notice that the person has not been named in an order of the Tax Court under subsection (4). Records and Information Keeping records — general 206. (1) The following persons shall keep all records that are necessary to determine whether they have complied with this Act: (a) every licensee or registrant; (b) every person who is required under this Act to file a return; (c) every person who makes an application for a refund that may be obtained under this Act; and (d) every person who transports non-dutypaid packaged alcohol or a tobacco product that is not stamped. Keeping records — tobacco growers and provincial tobacco marketing boards (2) Every tobacco grower and every body established under provincial law for the marketing of raw leaf tobacco grown in the province shall keep records that will enable the determination of the amount of raw leaf tobacco grown, received or disposed of by them. Minister may specify information (3) The Minister may specify in writing the form a record is to take and any information that the record must contain. Language and location of record (4) Unless otherwise authorized by the Minister, a record shall be kept in Canada in English or French. Electronic records (5) Every person required under this Act to keep a record who does so electronically shall ensure that all equipment and software necessary to make the record intelligible are available during the retention period required for the record. Inadequate records (6) If a person fails to keep adequate records for the purposes of this Act, the Minister may, in writing, require the person to keep any records that the Minister may specify and the 2001-2002 Accise ( person shall keep the records specified by the Minister. Period for retention (7) Every person who is required to keep records shall retain them until the expiry of six years after the end of the year to which they relate or for any other period that may be prescribed. Objection or appeal 207. (1) If a person who is required under this Act to keep records serves a notice of objection or is a party to an appeal or reference under this Act, the person shall retain every record that pertains to the subject-matter of the objection, appeal or reference until the objection, appeal or reference is finally disposed of. Demand by Minister (2) If the Minister is of the opinion that it is necessary for the administration or enforcement of this Act, the Minister may, by a demand served personally or by registered or certified mail, require any person required under this Act to keep records to retain those records for any period that is specified in the demand and the person shall comply with the demand. Permission for earlier disposal (3) A person who is required under this Act to keep records may dispose of them before the expiry of the period in respect of which they are required to be kept if written permission for their disposal is given by the Minister. Requirement to provide records or information 208. (1) Despite any other provision of this Act, the Minister may, subject to subsection (2), for any purpose related to the administration or enforcement of this Act, by notice served personally or by registered or certified mail, require any person to provide the Minister, within any reasonable time that is stipulated in the notice, with (a) any information or additional information, including a return under this Act; or (b) any record. Unnamed persons (2) The Minister shall not impose on any person (in this section referred to as a ‘‘third party’’) a requirement to provide information or any record relating to one or more unnamed persons unless the Minister first obtains the authorization of a judge under subsection (3). �� Judicial authorization C. 22 Excise, (3) On ex parte application by the Minister, a judge may, subject to any conditions that the judge considers appropriate, authorize the Minister to impose on a third party a requirement relating to an unnamed person or more than one unnamed person (in this section referred to as the ‘‘group’’) if the judge is satisfied by information on oath that (a) the person or group is ascertainable; and (b) the requirement is made to verify compliance by the person or persons in the group with any duty or obligation under this Act. Service of authorization (4) If an authorization is granted, it shall be served together with the notice referred to in subsection (1). Review of authorization (5) If an authorization is granted, a third party on whom a notice is served may, within 15 days after the service of the notice, apply to the judge who granted the authorization or, if that judge is unable to act, to another judge of the same court for a review of the authorization. Powers on review (6) On hearing an application under subsection (5), a judge may (a) cancel the authorization previously granted if the judge is not then satisfied that the conditions in paragraphs (3)(a) and (b) have been met; or (b) confirm or vary the authorization if the judge is satisfied that those conditions have been met. Compliance order 209. (1) On summary application by the Minister, a judge may, despite section 224, order a person to provide any access, assistance, information or record sought by the Minister under section 208 or 260 if the judge is satisfied that (a) the person was required under section 208 or 260 to provide the access, assistance, information or record and did not do so; and (b) in the case of information or a record, the information or record is not protected from disclosure by solicitor-client privilege. 2001-2002 Accise ( Notice required (2) An application must not be heard before the end of five clear days from the time the notice of application is served on the person against whom the order is sought. Judge may impose conditions (3) The judge making an order may impose any conditions in respect of the order that the judge considers appropriate. Contempt of court (4) If a person fails or refuses to comply with an order, a judge may find the person in contempt of court and the person is subject to the processes and the punishments of the court to which the judge is appointed. Appeal (5) An order by a judge may be appealed to a court having appellate jurisdiction over decisions of the court to which the judge is appointed. An appeal does not suspend the execution of the order unless it is so ordered by a judge of the court to which the appeal is made. Scope of solicitor-client privilege (6) For the purposes of paragraph (1)(b), an accounting record of a legal counsel and any invoice, voucher or cheque that relates to the record is deemed not to be protected from disclosure by solicitor-client privilege. Meaning of ‘‘foreign-based information or record’’ 210. (1) In this section, ‘‘foreign-based information or record’’ means any information or record that is available or located outside Canada and that may be relevant to the administration or enforcement of this Act. Requirement to provide foreign-based information (2) Despite any other provision of this Act, the Minister may, by notice served personally or by registered or certified mail, require a person resident in Canada or a non-resident person who carries on business in Canada to provide any foreign-based information or record. Notice (3) The notice shall set out (a) a reasonable period of not less than 90 days for the provision of the information or record; �� C. 22 Excise, (b) a description of the information or record being sought; and (c) the consequences under subsection (8) to the person of the failure to provide the information or record being sought within the period set out in the notice. Review of foreign information requirement (4) The person on whom a notice of a requirement is served may, within 90 days after the service of the notice, apply to a judge for a review of the requirement. Powers on review (5) On hearing an application in respect of a requirement, a judge may (a) confirm the requirement; (b) vary the requirement if satisfied that it is appropriate in the circumstances; or (c) set aside the requirement if satisfied that it is unreasonable. Requirement not unreasonable (6) For the purposes of subsection (5), a requirement to provide information or a record shall not be considered to be unreasonable because the information or record is under the control of or available to a non-resident person that is not controlled by the person served with the notice of the requirement if that person is related to the non-resident person. Time during consideration not to count (7) The period between the day on which an application for the review of a requirement is made and the day on which the review is decided shall not be counted in the computation of (a) the period set out in the notice of the requirement; and (b) the period within which an assessment may be made under section 188 or 189. Consequence of failure (8) If a person fails to comply substantially with a notice served under subsection (2) and the notice is not set aside under subsection (5), any court having jurisdiction in a civil proceeding relating to the administration or enforcement of this Act shall, on the motion of the Minister, prohibit the introduction by that person of any foreign-based information or record described in that notice. 2001-2002 Accise ( Definitions applicable to confidentiality provisions 211. (1) The definitions in this subsection apply in this section. ‘‘authorized person’’ « personne autorisée » ‘‘authorized person’’ means a person who is engaged or employed, or who was formerly engaged or employed, by or on behalf of Her Majesty to assist in carrying out the provisions of this Act. ‘‘business number’’ « numéro d’entreprise » ‘‘business number’’ means the number (other than a Social Insurance Number) used by the Minister to identify (a) a licensee or a registrant for the purposes of this Act; or (b) an applicant for a refund under this Act. ‘‘confidential information’’ « renseignement confidentiel » ‘‘confidential information’’ means information of any kind and in any form that relates to one or more persons and that is (a) obtained by or on behalf of the Minister for the purposes of this Act; or (b) prepared from information referred to in paragraph (a). It excludes information that does not directly or indirectly reveal the identity of the person to whom it relates. ‘‘court of appeal’’ « cour d’appel » ‘‘court of appeal’’ has the same meaning as in section 2 of the Criminal Code. ‘‘official’’ « fonctionnaire » ‘‘official’’ means a person who is employed in the service of, who occupies a position of responsibility in the service of, or who is engaged by or on behalf of, Her Majesty or Her Majesty in right of a province, or a person who was formerly so employed, who formerly occupied such a position or who formerly was so engaged. Provision of information (2) Except as authorized under this section, no official shall knowingly (a) provide, or allow to be provided, to any person any confidential information; (b) allow any person to have access to any confidential information; or ��� C. 22 Excise, (c) use any confidential information other than in the course of the administration or enforcement of this Act. Confidential information evidence not compellable Communications if proceedings have been commenced (3) Despite any other Act of Parliament or other law, no official shall be required, in connection with any legal proceedings, to give or produce evidence relating to any confidential information. (4) Subsections (2) and (3) do not apply to (a) criminal proceedings, either by indictment or on summary conviction, that have been commenced by the laying of an information or the preferring of an indictment, under an Act of Parliament; or (b) any legal proceedings relating to the administration or enforcement of this Act, the Canada Pension Plan, the Employment Insurance Act, the Unemployment Insurance Act or any other Act of Parliament or law of a province that provides for the imposition or collection of a tax or duty. Authorized provision of information Disclosure of personal information (5) The Minister may provide appropriate persons with any confidential information that may reasonably be regarded as necessary solely for a purpose relating to the life, health or safety of an individual or to the environment in Canada or any other country. (6) An official may (a) provide any confidential information to any person that may reasonably be regarded as necessary for the purpose of the administration or enforcement of this Act, solely for that purpose; (b) provide a person with confidential information that can reasonably be re2001-2002 Accise ( garded as necessary for the purposes of determining any liability or obligation of the person or any refund or other payment to which the person is or may become entitled under this Act; (c) provide, allow to be provided, or allow inspection of or access to any confidential information to or by any person, or any person within a class of persons, that the Minister may authorize, subject to any conditions that the Minister may specify; (d) provide any person who is legally entitled under an Act of Parliament to confidential information with, or access to, that information, solely for the purposes for which the person is entitled to the information; (e) provide confidential information (i) to an official of the Department of Finance solely for the purpose of the formulation or evaluation of fiscal policy, (ii) to an official solely for the purpose of the initial implementation of a fiscal policy or for the purposes of the administration or enforcement of the Canada Pension Plan, the Employment Insurance Act, the Unemployment Insurance Act or an Act of Parliament that provides for the imposition or collection of a tax or duty, (iii) to an official solely for the purposes of the administration or enforcement of a law of a province that provides for the imposition or collection of a tax or duty, (iv) to an official of the government of a province solely for the purpose of the formulation or evaluation of fiscal policy, (v) to an official of a department or agency of the Government of Canada or of a province as to the name, address, occupation, size or type of business of a person, solely for the purpose of enabling the department or agency to obtain statistical data for research and analysis, ��� C. 22 Excise, (vi) to an official solely for the purpose of setting off, against any sum of money that may be due or payable by Her Majesty, a debt due to (A) Her Majesty, or (B) Her Majesty in right of a province on account of taxes payable to the province, if an agreement exists between Canada and the province under which Canada is authorized to collect taxes on behalf of the province, or (vii) to an official solely for the purposes of section 7.1 of the Federal-Provincial Fiscal Arrangements Act; (f) provide confidential information solely for the purposes of sections 23 to 25 of the Financial Administration Act; (g) use confidential information to compile information in a form that does not directly or indirectly reveal the identity of the person to whom the information relates; (h) use, or provide any person with, confidential information solely for a purpose relating to the supervision, evaluation or discipline of an authorized person by Her Majesty in respect of a period during which the authorized person was employed by or engaged by or on behalf of Her Majesty to assist in the administration or enforcement of this Act, to the extent that the information is relevant for that purpose; (i) use confidential information relating to a person to provide that person with information; (j) provide the business number, name, address, telephone number and facsimile number of a holder of a business number to an official of a department or agency of the Government of Canada or of a province solely for the purposes of the administration or enforcement of an Act of Parliament or a law of a province, if the holder of the business number is required under that Act or that law to provide the information (other than the business number) to the department or agency; or 2001-2002 Accise ( (k) provide confidential information to a police officer (within the meaning assigned by subsection 462.48(17) of the Criminal Code) solely for the purpose of investigating whether an offence has been committed under the Criminal Code, or the laying of an information or the preferring of an indictment, if (i) the information can reasonably be regarded as being relevant for the purpose of ascertaining the circumstances in which an offence under the Criminal Code may have been committed, or the identity of the person or persons who may have committed an offence, with respect to an official, or with respect to any person related to that official, (ii) the official was or is engaged in the administration or enforcement of this Act, and (iii) the offence can reasonably be considered to be related to that administration or enforcement. Measures to prevent unauthorized use or disclosure (7) The person presiding at a legal proceeding relating to the supervision, evaluation or discipline of an authorized person may order any measures that are necessary to ensure that confidential information is not used or provided to any person for any purpose not relating to that proceeding, including (a) holding a hearing in camera; (b) banning the publication of the information; (c) concealing the identity of the person to whom the information relates; and (d) sealing the records of the proceeding. ��� Disclosure to person or on consent C. 22 Excise, (8) An official may provide confidential information relating to a person (a) to that person; and (b) with the consent of that person, to any other person. Appeal from order or direction (9) An order or direction that is made in the course of or in connection with any legal proceedings and that requires an official to give or produce evidence relating to any confidential information may, by notice served on all interested parties, be appealed immediately by the Minister or by the person against whom it is made to (a) the court of appeal of the province in which it is made, in the case of an order or direction made by a court or other tribunal established under the laws of the province, whether that court or tribunal is exercising a jurisdiction conferred by the laws of Canada; or (b) the Federal Court of Appeal, in the case of an order or direction made by a court or other tribunal established under the laws of Canada. Disposition of appeal (10) The court to which an appeal is taken may allow the appeal and quash the order or direction appealed from or may dismiss the appeal, and the rules of practice and procedure from time to time governing appeals to the courts shall apply, with any modifications that the circumstances require, in respect of the appeal. Stay (11) An appeal shall stay the operation of the order or direction appealed from until judgment is pronounced. Bankruptcies and Corporate Reorganizations Definitions 212. (1) The definitions in this subsection apply in this section. ‘‘bankrupt’’ « failli » ‘‘bankrupt’’ has the same meaning as in subsection 2(1) of the Bankruptcy and Insolvency Act. ‘‘business’’ « entreprise » ‘‘business’’ includes a part of a business. 2001-2002 ‘‘receiver’’ « séquestre » Accise ( ‘‘receiver’’ means a person who (a) under the authority of a debenture, bond or other debt security, of a court order or of an Act of Parliament or of the legislature of a province, is empowered to operate or manage a business or a property of another person; (b) is appointed by a trustee under a trust deed in respect of a debt security to exercise the authority of the trustee to manage or operate a business or a property of the debtor under the debt security; (c) is appointed by a bank or an authorized foreign bank, within the meaning of section 2 of the Bank Act, to act as an agent of the bank in the exercise of the authority of the bank under subsection 426(3) of that Act in respect of property of another person; (d) is appointed as a liquidator to liquidate the assets of a corporation or to wind up the affairs of a corporation; or (e) is appointed as a committee, guardian or curator with the authority to manage and care for the affairs and assets of an individual who is incapable of managing those affairs and assets. It includes a person who is appointed to exercise the authority of a creditor under a debenture, bond or other debt security to operate or manage a business or a property of another person, but, if a person is appointed to exercise the authority of a creditor under a debenture, bond or other debt security to operate or manage a business or a property of another person, it does not include that creditor. ‘‘relevant assets’’ « actif pertinent » ‘‘relevant assets’’ of a receiver means (a) if the receiver’s authority relates to all the properties, businesses, affairs and assets of a person, all those properties, businesses, affairs and assets; and (b) if the receiver’s authority relates to only part of the properties, businesses, ��� C. 22 Excise, affairs or assets of a person, that part of the properties, businesses, affairs or assets. ‘‘representative’’ « représentant » Trustee’s obligations ‘‘representative’’ means a person, other than a trustee in bankruptcy or a receiver, who is administering, winding up, controlling or otherwise dealing with any property, business or estate. (2) For the purposes of this Act, if on a particular day a person becomes a bankrupt, (a) the trustee in bankruptcy, and not the person, is liable for the payment of any duty, interest or other amount (other than an amount that relates solely to activities in which the person begins to engage on or after the particular day and to which the bankruptcy does not relate) that becomes payable by the person under this Act during the period beginning on the day immediately after the day on which the trustee became the trustee in bankruptcy of the person and ending on the day on which the discharge of the trustee is granted under the Bankruptcy and Insolvency Act, except that (i) the trustee is liable for the payment of any duty, interest or other amount that became payable by the person after the particular day in respect of fiscal months that ended on or before the particular day, or of any duty, interest or other amount that became payable by the person after the particular day, only to the extent of the property of the person in possession of the trustee available to satisfy the liability, (ii) the trustee is not liable for the payment of any duty, interest or other amount for which a receiver is liable under subsection (3), and (iii) the payment by the person of an amount in respect of the liability shall discharge the liability of the trustee to the extent of that amount; (b) if, on the particular day the person is licensed or registered under this Act, the licence or registration continues in relation to the activities of the person to which the bankruptcy relates as though the trustee in bankruptcy were the licensee or registrant 2001-2002 Accise ( in respect of those activities and ceases to apply to the activities of the person in which the person begins to engage on or after the particular day and to which the bankruptcy does not relate; (c) the fiscal month of the person begins and ends on the day on which it would have begun and ended if the bankruptcy had not occurred, except that (i) the fiscal month of the person during which the person becomes a bankrupt shall end on the particular day and a new fiscal month of the person in relation to the activities of the person to which the bankruptcy relates shall begin on the day immediately after the particular day, and (ii) the fiscal month of the person, in relation to the activities of the person to which the bankruptcy relates, during which the trustee in bankruptcy is discharged under the Bankruptcy and Insolvency Act shall end on the day on which the discharge is granted; (d) subject to paragraph (f), the trustee in bankruptcy shall file with the Minister in the prescribed form and manner all returns in respect of the activities of the person to which the bankruptcy relates for the fiscal months of the person ending in the period beginning on the day immediately after the particular day and ending on the day on which the discharge of the trustee is granted under the Bankruptcy and Insolvency Act and that are required under this Act to be filed by the person, as if those activities were the only activities of the person; (e) subject to paragraph (f), if the person has not on or before the particular day filed a return required under this Act to be filed by the person for a fiscal month of the person ending on or before the particular day, the trustee in bankruptcy shall, unless the Minister waives in writing the requirement for the trustee to file the return, file with the Minister in the prescribed form and manner a return for that fiscal month of the person; and ��� C. 22 Excise, (f) if there is a receiver with authority in respect of any business, property, affairs or assets of the person, the trustee in bankruptcy is not required to include in any return any information that the receiver is required under subsection (3) to include in a return. Receiver’s obligations (3) For the purposes of this Act, if on a particular day a receiver is vested with authority to manage, operate, liquidate or wind up any business or property, or to manage and care for the affairs and assets, of a person, (a) if the relevant assets of the receiver are a part and not all of the person’s businesses, properties, affairs or assets, the relevant assets of the receiver shall be deemed to be, throughout the period during which the receiver is acting as receiver of the person, separate from the remainder of the businesses, properties, affairs or assets of the person as though the relevant assets were businesses, properties, affairs or assets, as the case may be, of a separate person; (b) the person and the receiver are jointly and severally or solidarily liable for the payment of any duty, interest or other amount that becomes payable by the person under this Act before or during the period during which the receiver is acting as receiver of the person to the extent that the duty, interest or other amount can reasonably be considered to relate to the relevant assets of the receiver or to the businesses, properties, affairs or assets of the person that would have been the relevant assets of the receiver if the receiver had been acting as receiver of the person at the time the duty, interest or other amount became payable except that (i) the receiver is liable for the payment of any duty, interest or other amount that became payable before that period only to the extent of the property of the person in possession or under the control and management of the receiver after (A) satisfying the claims of creditors whose claims ranked, on the particular day, in priority to the claim of the Crown in respect of the duty, interest or other amount, and 2001-2002 Accise ( (B) paying any amounts that the receiver is required to pay to a trustee in bankruptcy of the person, (ii) the person is not liable for the payment of any duty, interest or other amount payable by the receiver, and (iii) the payment by the person or the receiver of an amount in respect of the duty, interest or other amount shall discharge the joint and several or solidary liability to the extent of that amount; (c) the fiscal month of the person begins and ends on the day on which it would have begun and ended if the vesting had not occurred, except that (i) the fiscal month of the person, in relation to the relevant assets of the receiver, during which the receiver begins to act as receiver of the person, shall end on the particular day and a new fiscal month of the person in relation to the relevant assets shall begin on the day immediately after the particular day, and (ii) the fiscal month of the person, in relation to the relevant assets, during which the receiver ceases to act as receiver of the person, shall end on the day on which the receiver ceases to act as receiver of the person; (d) the receiver shall file with the Minister in the prescribed form and manner all returns in respect of the relevant assets of the receiver for fiscal months ending in the period during which the receiver is acting as receiver and that are required under this Act to be made by the person, as if the relevant assets were the only businesses, properties, affairs and assets of the person; and (e) if the person has not on or before the particular day filed a return required under this Act to be filed by the person for a fiscal month of the person ending on or before the particular day, the receiver shall, unless the Minister waives in writing the requirement for the receiver to file the return, file with the Minister in the prescribed form and manner a return for that fiscal month that relates to the businesses, properties, affairs ��� C. 22 Excise, or assets of the person that would have been the relevant assets of the receiver if the receiver had been acting as receiver of the person during that fiscal month. Certificates for receivers and representatives (4) Every receiver and representative who controls property of another person who is required to pay any duty, interest or other amount under this Act shall, before distributing the property to any person, obtain a certificate from the Minister certifying that the following amounts have been paid or that security for the payment of them has, in accordance with this Act, been accepted by the Minister: (a) all duty, interest and other amounts that are payable by the other person under this Act in respect of the fiscal month during which the distribution is made, or any previous fiscal month; and (b) all duty, interest and other amounts that are, or can reasonably be expected to become, payable under this Act by the representative or receiver in that capacity in respect of the fiscal month during which the distribution is made, or any previous fiscal month. Liability for failure to obtain certificate (5) Any receiver or representative who distributes property without obtaining a certificate in respect of the duty, interest or other amounts referred to in subsection (4) is personally liable for the payment of those amounts to the extent of the value of the property so distributed. Amalgamations 213. If two or more corporations (each of which is referred to in this section as a ‘‘predecessor’’) are merged or amalgamated to form one corporation (in this section referred to as the ‘‘new corporation’’), the new corporation is deemed to be a separate person from each of the predecessors for the purposes of this Act except that, for prescribed purposes, the new corporation is deemed to be the same corporation as, and a continuation of, each predecessor. 2001-2002 Accise ( PART 6 ENFORCEMENT Offences and Punishment Unlawful production, sale, etc., of tobacco or alcohol 214. Every person who contravenes section 25, 27, 29, 60 or 62 is guilty of an offence and liable (a) on conviction on indictment, to a fine of not less than $50,000 and not more than $1,000,000 or to imprisonment for a term of not more than five years, or to both; or (b) on summary conviction, to a fine of not less than $10,000 and not more than $500,000 or to imprisonment for a term of not more than 18 months, or to both. Punishment — section 30 215. (1) Every person who contravenes section 30 is guilty of an offence and liable (a) on conviction on indictment, to a fine of not less than the amount determined under subsection (2) and not more than the amount determined under subsection (3) or to imprisonment for a term of not more than five years, or to both; or (b) on summary conviction, to a fine of not less than the amount determined under subsection (2) and not more than the lesser of $100,000 and the amount determined under subsection (3) or to imprisonment for a term of not more than 18 months, or to both. Minimum amount (2) The amount determined under this subsection for an offence under subsection (1) is the greater of (a) $3.144 multiplied by the number of kilograms of raw leaf tobacco to which the offence relates, and (b) $1,000 in the case of an indictable offence and $500 in the case of an offence punishable on summary conviction. ��� Maximum amount C. 22 Excise, (3) The amount determined under this subsection for an offence under subsection (1) is the greater of (a) $4.716 multiplied by the number of kilograms of raw leaf tobacco to which the offence relates, and (b) $2,000 in the case of an indictable offence and $1,000 in the case of an offence punishable on summary conviction. Punishment — section 32 216. (1) Every person who contravenes section 32 is guilty of an offence and liable (a) on conviction on indictment, to a fine of not less than the amount determined under subsection (2) and not more than the amount determined under subsection (3) or to imprisonment for a term of not more than five years, or to both; or (b) on summary conviction, to a fine of not less than the amount determined under subsection (2) and not more than the lesser of $500,000 and the amount determined under subsection (3) or to imprisonment for a term of not more than 18 months, or to both. Minimum amount (2) The amount determined under this subsection for an offence under subsection (1) is the greater of (a) the total of (i) $0.16 multiplied by the number of cigarettes to which the offence relates, (ii) $0.11 multiplied by the number of tobacco sticks to which the offence relates, (iii) $0.11 multiplied by the number of grams of manufactured tobacco other than cigarettes or tobacco sticks to which the offence relates, and (iv) $0.21 multiplied by the number of cigars to which the offence relates, and (b) $1,000 in the case of an indictable offence and $500 in the case of an offence punishable on summary conviction. 2001-2002 Maximum amount Accise ( (3) The amount determined under this subsection for an offence under subsection (1) is the greater of (a) the total of (i) $0.24 multiplied by the number of cigarettes to which the offence relates, (ii) $0.16 multiplied by the number of tobacco sticks to which the offence relates, (iii) $0.16 multiplied by the number of grams of manufactured tobacco other than cigarettes or tobacco sticks to which the offence relates, and (iv) $0.65 multiplied by the number of cigars to which the offence relates, and (b) $2,000 in the case of an indictable offence and $1,000 in the case of an offence punishable on summary conviction. Punishment for certain alcohol offences 217. (1) Every person who contravenes section 63 or 73, subsection 78(1) or 83(1) or section 90 or 96 is guilty of an offence and liable (a) on conviction on indictment, to a fine of not less than the amount determined under subsection (2) and not more than the amount determined under subsection (3) or to imprisonment for a term of not more than five years, or to both; or (b) on summary conviction, to a fine of not less than the amount determined under subsection (2) and not more than the lesser of $100,000 and the amount determined under subsection (3) or to imprisonment for a term of not more than 18 months, or to both. Minimum amount (2) The amount determined under this subsection for an offence under subsection (1) is the greater of (a) the total of ��� C. 22 Excise, (i) $11.066 multiplied by the number of litres of absolute ethyl alcohol in the spirits to which the offence relates, (ii) $0.5122 multiplied by the number of litres of wine to which the offence relates, and (iii) $10 multiplied by the number of litres of denatured alcohol or specially denatured alcohol to which the offence relates, and (b) $1,000 in the case of an indictable offence and $500 in the case of an offence punishable on summary conviction. Maximum amount (3) The amount determined under this subsection for an offence under subsection (1) is the greater of (a) the total of (i) $22.132 multiplied by the number of litres of absolute ethyl alcohol in the spirits to which the offence relates, (ii) $1.0244 multiplied by the number of litres of wine to which the offence relates, and (iii) $20 multiplied by the number of litres of denatured alcohol or specially denatured alcohol to which the offence relates, and (b) $2,000 in the case of an indictable offence and $1,000 in the case of an offence punishable on summary conviction. Punishment for more serious alcohol offences 218. (1) Every person who contravenes any of sections 67, 69 to 72, 74, or 88 or subsection 101(1) or (2) is guilty of an offence and liable (a) on conviction on indictment, to a fine of not less than the amount determined under subsection (2) and not more than the amount determined under subsection (3) or to imprisonment for a term of not more than five years, or to both; or 2001-2002 Accise ( (b) on summary conviction, to a fine of not less than the amount determined under subsection (2) and not more than the lesser of $500,000 and the amount determined under subsection (3) or to imprisonment for a term of not more than 18 months, or to both. Minimum amount (2) The amount determined under this subsection for an offence under subsection (1) is the greater of (a) the total of (i) $22.132 multiplied by the number of litres of absolute ethyl alcohol in the spirits to which the offence relates, and (ii) $1.0244 multiplied by the number of litres of wine to which the offence relates, and (b) $1,000 in the case of an indictable offence and $500 in the case of an offence punishable on summary conviction. Maximum amount (3) The amount determined under this subsection for an offence under subsection (1) is the greater of (a) the total of (i) $33.198 multiplied by the number of litres of absolute ethyl alcohol in the spirits to which the offence relates, and (ii) $1.5366 multiplied by the number of litres of wine to which the offence relates, and (b) $2,000 in the case of an indictable offence and $1,000 in the case of an offence punishable on summary conviction. Falsifying or destroying records 219. (1) Every person commits an offence who (a) makes, or participates in, assents to or acquiesces in the making of, a false or deceptive statement in a return, application, certificate, record or answer filed or made as required under this Act; ��� C. 22 Excise, (b) for the purpose of evading payment of any duty or obtaining a refund to which the person is not entitled under this Act (i) destroys, alters, mutilates, conceals or otherwise disposes of any records of a person, or (ii) makes, or assents to or acquiesces in the making of, a false or deceptive entry, or omits, or assents to or acquiesces in the omission, to enter a material particular in the records of a person; (c) wilfully, in any manner, evades or attempts to evade compliance with this Act or payment of duty, interest or other amount imposed under this Act; (d) wilfully, in any manner, obtains or attempts to obtain a refund to which the person is not entitled under this Act; or (e) conspires with any person to commit an offence described in any of paragraphs (a) to (d). Punishment (2) Every person who commits an offence under subsection (1) is guilty of (a) an indictable offence and is liable to (i) a fine of not less than $1,000 plus 200%, and not more than $10,000 plus 300%, of the total amount of duty, interest or other amount that was sought to be evaded, or of the refund sought, or, if that total amount cannot be ascertained, a fine of not less than $10,000 and not more than $100,000, (ii) imprisonment for a term of not more than five years, or (iii) both a fine referred to in subparagraph (i) and imprisonment referred to in subparagraph (ii); or (b) an offence punishable on summary conviction and liable to (i) a fine of not less than $100 plus 200%, and not more than $1,000 plus 300%, of 2001-2002 Accise ( the total amount of duty, interest or other amount that was sought to be evaded, or of the refund sought, or, if that total amount cannot be ascertained, a fine of not less than $1,000 and not more than $25,000, (ii) imprisonment for a term of not more than 18 months, or (iii) both a fine referred to in subparagraph (i) and imprisonment referred to in 1 subparagraph (ii). Stay of appeal (3) If, in any appeal under Part 5, substantially the same facts are at issue as those that are at issue in a prosecution under this section, the Minister may file a stay of proceedings with the Tax Court and, on doing so, the proceedings before the Tax Court are stayed pending final determination of the outcome of the prosecution. Obstruction of officer 220. (1) No person shall, physically or otherwise, do or attempt to do any of the following: (a) interfere with, hinder or molest any officer doing anything the officer is authorized to do under this Act; or (b) prevent any officer from doing anything the officer is authorized to do under this Act. Failure to comply (2) Every person shall do everything the person is required to do under any of sections 208 to 210 or 260. Punishment (3) Every person who contravenes subsection (1) or (2) is guilty of an offence punishable on summary conviction and liable to a fine of not less than $1,000 and not more than $25,000 or to imprisonment for a term of not more than 12 months, or to both. ��� Offence — confidential information C. 22 Excise, 221. (1) Every person who (a) contravenes subsection 211(2), or (b) knowingly contravenes an order made under subsection 211(7) is guilty of an offence and liable on summary conviction to a fine of not more than $5,000 or to imprisonment for a term of not more than 12 months, or to both. Offence — confidential information (2) Every person (a) to whom confidential information has been provided for a purpose pursuant to paragraph 211(6)(b), (d) or (h), or (b) who is an official to whom confidential information has been provided for a purpose pursuant to paragraph 211(6)(a), (e) or (f), and who for any other purpose knowingly uses, provides to any person, allows the provision to any person of, or allows any person access to, that information is guilty of an offence and liable on summary conviction to a fine of not more than $5,000 or to imprisonment for a term of not more than 12 months, or to both. Definitions (3) In this section, ‘‘confidential information’’ and ‘‘official’’ have the same meaning as in subsection 211(1). Other contraventions 222. Every person who contravenes a provision of this Act or the regulations for which no other offence is specified in this Act is guilty of an offence and is liable on summary conviction to a fine of not more than $100,000 or to imprisonment for a term of not more than 12 months, or to both. Defence of due diligence 223. No person shall be convicted of an offence under this Act if the person establishes that they exercised all due diligence to prevent the commission of the offence. 2001-2002 Accise ( Compliance orders 224. If a person has been convicted by a court of an offence for a failure to comply with a provision of this Act, the court may make any order that it considers proper in order to enforce compliance with the provision. No penalty unless imposed before laying of information 225. A person who is convicted of failing to comply with a provision of this Act is not liable to pay a penalty under any of sections 233 to 253 for the same failure unless the penalty was imposed under section 254 before the information or complaint giving rise to the conviction was laid or made. Officers of corporations, etc. 226. If a person other than an individual commits an offence under this Act, every officer, director or agent of the person who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to and guilty of the offence and liable on conviction to the punishment provided for the offence, whether or not the person has been prosecuted or convicted. Offences by employees or agents 227. In any prosecution for an offence under this Act, it is sufficient proof of the offence to establish that it was committed by an employee or agent of the accused, whether or not the employee or agent is identified or has been prosecuted for the offence, unless the accused establishes that the offence was committed without the knowledge or consent of the accused and that the accused exercised all due diligence to prevent its commission. Power to decrease punishment 228. Despite the Criminal Code or any other law, the court has, in any prosecution or proceeding under this Act, neither the power to impose less than the minimum fine fixed under this Act nor the power to suspend sentence. Information or complaint 229. (1) An information or complaint under this Act may be laid or made by any officer. If an information or complaint is purported to have been laid or made under this Act, it is deemed to have been laid or made by an officer and shall not be called into question for lack of authority of the officer except by the Minister or a person acting for the Minister or for Her Majesty. ��� C. 22 Excise, Two or more offences (2) An information or complaint in respect of an offence under this Act may be for one or more offences and no information, complaint, warrant, conviction or other proceeding in a prosecution under this Act is objectionable or insufficient by reason of the fact that it relates to two or more offences. Limitation of prosecutions (3) Despite subsection 786(2) of the Criminal Code, an information or complaint in respect of an offence under this Act that is to be prosecuted by way of summary conviction proceedings may be laid or made within two years after the day on which the matter of the information or complaint arose. Proceeds of Crime Property obtained from offences 230. (1) No person shall possess any property or any proceeds of any property knowing that all or any part of it was obtained or derived directly or indirectly as a result of (a) the commission of an offence under section 214 or subsection 216(1), 218(1) or 231(1); or (b) a conspiracy or an attempt to commit, being a party to, being an accessory after the fact in relation to, or any counselling in relation to, an offence referred to in paragraph (a). Punishment (2) Every person who contravenes subsection (1) (a) is guilty of an indictable offence and liable to a fine of not more than $500,000 or to imprisonment for a term of not more than five years, or to both; or (b) is guilty of an offence punishable on summary conviction and liable to a fine of not more than $100,000 or to imprisonment for a term of not more than 18 months, or to both. Exception (3) A peace officer or a person acting under the direction of a peace officer is not guilty of an offence under this section by reason only that the peace officer or person possesses property or the proceeds of property men2001-2002 Accise ( tioned in subsection (1) for the purposes of an investigation or otherwise in the execution of the peace officer’s duties. Laundering proceeds of certain offences 231. (1) No person shall use, transfer the possession of, send or deliver to any person or place, transport, transmit, alter, dispose of or otherwise deal with, in any manner or by any means, any property or any proceeds of any property with intent to conceal or convert that property or those proceeds, knowing that all or part of that property or those proceeds were obtained or derived directly or indirectly as a result of (a) the commission of an offence under section 214 or subsection 216(1) or 218(1); or (b) a conspiracy or an attempt to commit, being a party to, being an accessory after the fact in relation to, or any counselling in relation to, an offence referred to in paragraph (a). Punishment (2) Every person who contravenes subsection (1) (a) is guilty of an indictable offence and liable to a fine of not more than $500,000 or to imprisonment for a term of not more than five years, or to both; or (b) is guilty of an offence punishable on summary conviction and liable to a fine of not more than $100,000 or to imprisonment for a term of not more than 18 months, or to both. Exception (3) A peace officer or a person acting under the direction of a peace officer is not guilty of an offence under this section by reason only that the peace officer or person does any of the things mentioned in subsection (1) for the purposes of an investigation or otherwise in the execution of the peace officer’s duties. Part XII.2 of Criminal Code applicable 232. (1) Sections 462.3 and 462.32 to 462.5 of the Criminal Code apply, with any modifications that the circumstances require, in respect of proceedings for an offence under section 214, subsection 216(1) or 218(1) or section 230 or 231. ��� Reference to enterprise crime offence C. 22 Excise, (2) For the purpose of subsection (1), the references in sections 462.37 and 462.38 and subsection 462.41(2) of the Criminal Code to an enterprise crime offence are deemed to include references to the offences referred to in subsection (1). Penalties Contravention of section 34 or 37 233. Every tobacco licensee who contravenes section 34 or 37 is liable to a penalty equal to 200% of the duty that was imposed on the tobacco product to which the contravention relates. Contravention of section 38, 40, 41, 49, 61, 99, 149 or 151 234. Every person who contravenes section 38, 40, 41, 49, 61, 99, 149 or 151 is liable to a penalty of not more than $25,000. Penalty for unauthorized export of raw leaf tobacco 235. Every tobacco grower who exports raw leaf tobacco without the written approval of the Minister or who fails to comply with a condition imposed by the Minister in respect of the export is liable to a penalty of not more than $25,000. Diversion of black stock tobacco 236. (1) Every tobacco licensee is liable to a penalty if manufactured tobacco on which duty was imposed under section 42 at a rate set out in paragraph 1(a), 2(a) or 3(a) of Schedule 1 is (a) delivered by the licensee other than to a duty free shop or customs bonded warehouse or to a person for use as ships’ stores in accordance with the Ships’ Stores Regulations; or (b) exported by the licensee other than for delivery to a foreign duty free shop or as foreign ships’ stores. Amount of penalty (2) The amount of the penalty is equal to 200% of the total of (a) the amount by which (i) the duty that would have been imposed under section 42 on the tobacco if the applicable rate of duty had been the rate set out in paragraph 1(b), 2(b) or 3(b) of Schedule 1 exceeds 2001-2002 Accise ( (ii) the duty that was imposed under section 42 on the tobacco, and (b) the amount, if any, of special duty that was payable under paragraph 56(1)(b) in respect of the tobacco. Diversion of non-duty-paid alcohol 237. (1) Every excise warehouse licensee is liable to a penalty equal to 200% of the duty imposed on packaged alcohol that was removed from the warehouse of the licensee for a purpose described in section 147 if the alcohol is not delivered or exported, as the case may be, for that purpose. Diversion of duty-free tobacco (2) Every tobacco licensee is liable to a penalty equal to 200% of the duty that was imposed on a tobacco product manufactured in Canada that was removed from the excise warehouse of the licensee for a purpose described in subsection 50(4), (7) or (8) if the product is not delivered or exported, as the case may be, for that purpose. Diversion of duty-free cigars (3) Every excise warehouse licensee is liable to a penalty equal to 200% of the duty that was imposed on cigars manufactured in Canada that were removed from the excise warehouse of the licensee for a purpose described in subsection 50(9) if the cigars are not delivered for that purpose. Diversion of duty-free tobacco in special excise warehouse (4) Every special excise warehouse licensee is liable to a penalty equal to 200% of the duty that was imposed on a tobacco product manufactured in Canada that was removed from the special excise warehouse of the licensee for a purpose described in subsection 50(11) if the product is not delivered for that purpose. Diversion of imported tobacco (5) Every excise warehouse licensee is liable to a penalty equal to 200% of the duty that was imposed on an imported tobacco product that was removed from the excise warehouse of the licensee for a purpose described in subsection 51(2) if the product is not delivered or exported, as the case may be, for that purpose. Exception (6) A licensee who would otherwise be liable to a penalty under this section is not liable if the licensee proves to the satisfaction of the Minister that the alcohol or tobacco ��� C. 22 Excise, product that was removed from their excise warehouse or special excise warehouse was returned to that warehouse. Penalty in respect of unaccounted tobacco 238. Every excise warehouse licensee and every special excise warehouse licensee is liable to a penalty equal to 200% of the duty that was imposed on a tobacco product entered into their excise warehouse or special excise warehouse, as the case may be, if the licensee cannot account for the product (a) as being in the warehouse; (b) as having been removed from the warehouse in accordance with this Act; or (c) as having been destroyed by fire while kept in the warehouse. Other diversions 239. Unless section 237 applies, every person is liable to a penalty equal to 200% of the duty that was imposed on packaged alcohol or a tobacco product if (a) it was acquired by the person and duty was not payable because of the purpose for which the person acquired it or because of its destination; and (b) it is sold or used for a purpose or sent to a destination in circumstances in which duty would have been payable if it had originally been acquired for that purpose or sent to that destination. Contravention of subsection 50(5) 240. Every tobacco licensee who contravenes subsection 50(5) is liable to a penalty equal to the total of (a) $0.25995 per cigarette that was removed in contravention of that subsection, (b) $0.159966 per tobacco stick that was removed in contravention of that subsection, and (c) $149.966 per kilogram of manufactured tobacco, other than cigarettes and tobacco sticks, that was removed in contravention of that subsection. 2001-2002 Accise ( Contravention of section 71 241. Every person who contravenes section 71 is liable to a penalty equal to 200% of the duty that was imposed on the bulk spirits to which the contravention relates. Contravention of section 72 242. Every person who contravenes section 72 is liable to a penalty equal to $1.0244 per litre of wine to which the contravention relates. Contravention of section 73, etc. 243. Every person who contravenes any of sections 73, 76 or 89 to 91 is liable to a penalty equal to (a) if the contravention relates to spirits, the duty that was imposed on the spirits; or (b) if the contravention relates to wine, $0.5122 per litre of that wine. Spirits improperly used as DA or SDA 244. Every person who is required to export, return, dispose of or destroy an amount of spirits under paragraph 101(1)(a) or (b) or (2)(a) or (b) but is unable to do so because the amount has been used in the production of another product is liable to a penalty equal to the duty imposed under section 122 or levied under section 21.1 or subsection 21.2(1) of the Customs Tariff on the amount. Contravention of section 78, 83 or 94 245. Every person who contravenes section 78, 83 or 94 is liable to a penalty equal to 100% of the duty that was imposed on the alcohol to which the contravention relates. Contravention of section 81, 86, 92 or 93 246. Every person who contravenes section 81, 86, 92 or 93 is liable to a penalty equal to 50% of the duty that was imposed on the alcohol to which the contravention relates. Unauthorized possession, etc., of SDA 247. Every person who contravenes any of sections 96 to 98, 100, 102 or 103 is liable to a penalty of $10 per litre of specially denatured alcohol to which the contravention relates. Unauthorized removal of marked special container 248. Every excise warehouse licensee who removes a marked special container of alcohol from their excise warehouse for entry into the duty-paid market is liable to a penalty equal to 50% of the duty that was imposed on the ��� C. 22 Excise, alcohol in the container unless the container is marked for delivery to and use at a bottleyour-own premises and it is delivered to a bottle-your-own premises. Contravention of section 154 249. Every excise warehouse licensee who contravenes section 154 is liable to a penalty equal to the total of (a) $1,000, and (b) 50% of the duty that was imposed on the alcohol supplied in contravention of that section. Failure to comply 250. Every person is liable to a penalty of not more than $25,000 if the person fails to comply with (a) section 206 or 207; (b) a requirement in a notice referred to in section 208 or 210; (c) a condition or requirement of a licence or registration issued to the person under this Act; (d) a condition or restriction imposed under section 143; or (e) the regulations. Failure to file return 251. Every person who does not file a return as and when required under a demand issued under section 169 is liable to a penalty equal to the greater of (a) $250, and (b) 5% of the amount of duty payable by the person for the period designated in the demand that was unpaid on the day that the return was due. Failure to provide information 252. Every person who fails to provide any information or record as and when required under this Act is liable to a penalty of $100 for every failure unless, in the case of information required in respect of another person, a reasonable effort was made by the person to obtain the information. 2001-2002 False statements or omissions Accise ( 253. Every person who knowingly, or under circumstances amounting to gross negligence, makes, or participates in, assents to or acquiesces in the making of, a false statement or omission in a return, application, form, certificate, statement, invoice or answer (each of which is in this section referred to as a ‘‘return’’) made in respect of a fiscal month or activity is liable to a penalty equal to the greater of $250 and 25% of the total of (a) if the false statement or omission is relevant to the determination of an amount of duty payable by the person, the amount, if any, by which (i) that duty payable exceeds (ii) the amount that would be the duty payable by the person if the duty were determined on the basis of the information provided in the return; and (b) if the false statement or omission is relevant to the determination of a refund or any other payment that may be obtained under this Act, the amount, if any, by which (i) the amount that would be the refund or other payment payable to the person if the refund or other payment were determined on the basis of the information provided in the return exceeds (ii) the amount of the refund or other payment payable to the person. Penalty Imposition Notice of imposed penalty 254. (1) A penalty that a person is liable to pay under any of sections 233 to 253 may be imposed by the Minister by serving on the person a written notice of the imposed penalty or by sending the notice by registered or certified mail to the person’s last known address. Penalty is in addition to other sanction (2) A penalty may be imposed in addition to a seizure or forfeiture of a thing or the suspension or cancellation of a licence or registration under this Act that arises from the same event as the contravention in respect of which the penalty is imposed. ��� C. 22 Excise, When penalty becomes payable 255. The amount of a penalty imposed on a person under section 254 is payable by the person to the Receiver General at the time it is imposed. Interest on penalty during review period 256. Despite subsection 170(1), if a request is made under subsection 271(1) for a decision of the Minister in respect of a penalty imposed under section 254, no interest is payable in respect of the penalty for the period beginning on the day on which the request is made and ending on the day on which the Minister gives notice of the decision under subsection 273(2) or, if the decision is appealed to the Federal Court under section 276, the day on which the appeal is resolved. Review of imposed penalty 257. The debt due to Her Majesty as a result of a penalty imposed under section 254 is final and not subject to review or to be restrained, prohibited, removed, set aside or otherwise dealt with except to the extent and in the manner provided under this Act. Search Warrants Information for search warrant 258. (1) A judge may at any time issue a warrant signed by the judge authorizing an officer to search a building, receptacle or place for a thing and to seize it if the judge is satisfied by information on oath that there are reasonable grounds to believe that there will be found in the building, receptacle or place anything that there are reasonable grounds to believe will afford evidence in respect of a contravention under this Act. Form of search warrant (2) A warrant must refer to the contravention for which it is issued, identify the building, receptacle or place to be searched and be reasonably specific as to the thing to be searched for and seized. Endorsement of search warrant (3) If the building, receptacle or place is in a territorial division other than that in which the judge has jurisdiction, the judge may issue the warrant and the warrant may be executed in the other territorial division after it has been endorsed by a judge having jurisdiction in that territorial division. 2001-2002 Accise ( Effect of endorsement (4) An endorsement that is made on a warrant as provided for in subsection (3) is sufficient authority to the officers to whom it was originally directed, and to all officers within the jurisdiction of the judge by whom it is endorsed, to execute the warrant and to deal with the things seized in accordance with section 489.1 of the Criminal Code or as otherwise provided by law. Seizure of things not specified (5) An officer who executes a warrant may seize, in addition to the things mentioned in the warrant, (a) anything by means of or in relation to which the officer believes on reasonable grounds that a provision of this Act has been contravened; or (b) anything that the officer believes on reasonable grounds will afford evidence in respect of a contravention under this Act. Execution of search warrant (6) A warrant shall be executed during the period between 6:00 a.m. and 9:00 p.m. unless (a) the judge is satisfied that there are reasonable grounds for it to be executed outside of that period; (b) the reasonable grounds are included in the information; and (c) the warrant authorizes that it be executed outside of that period. Operation of computer system and copying equipment (7) An officer authorized under this section to search a computer system for data may (a) use or cause to be used any computer system at the building or place to search any data contained in or available to the computer system; (b) use or cause to be used any equipment at the building or place to make a copy of the data and to render it in any form; and (c) seize a copy or rendering made under paragraph (b) that may afford evidence in respect of a contravention under this Act. ��� C. 22 Excise, Duty of person in possession or control (8) Every person who is in possession or control of any building or place in respect of which a search described by subsection (7) is carried out shall, on presentation of the warrant, provide to the officer carrying out the search all assistance that is necessary to carry out the search. Application of section 490 of Criminal Code (9) Section 490 of the Criminal Code applies in respect of anything seized under this section. Extended meaning of ‘‘judge’’ (10) In this section and paragraph 262(2)(b), ‘‘judge’’ also means a justice who is authorized under the Criminal Code to issue a search warrant. Warrant not necessary in exigent circumstances 259. An officer may exercise any of the powers referred to in subsection 258(1) without a warrant if the conditions for obtaining a warrant exist but by reason of exigent circumstances it would not be practical to obtain one. Inspections By whom 260. (1) An officer may, at all reasonable times, for any purpose related to the administration or enforcement of this Act, inspect, audit or examine the records, processes, property or premises of a person in order to determine whether that or any other person is in compliance with this Act. Powers of officer (2) For the purposes of an inspection, audit or examination, the officer may (a) subject to subsection (3), enter any place in which the officer reasonably believes the person keeps records or carries on any activity to which this Act applies; (b) stop a conveyance or direct that it be moved to a place where the inspection or examination may be performed; (c) require any individual to be present during the inspection, audit or examination and require that individual to answer all proper questions and to give to the officer all reasonable assistance; (d) open or cause to be opened any receptacle that the officer reasonably believes contains anything to which this Act applies; 2001-2002 Accise ( (e) take samples of anything free of charge; and (f) seize anything by means of or in relation to which the officer reasonably believes this Act has been contravened. Prior authorization (3) If any place referred to in paragraph (2)(a) is a dwelling-house, the officer may not enter that dwelling-house without the consent of the occupant, except under the authority of a warrant issued under subsection (4). Warrant to enter dwelling-house (4) A judge may issue a warrant authorizing an officer to enter a dwelling-house subject to the conditions specified in the warrant if, on ex parte application by the Minister, a judge is satisfied by information on oath that (a) there are reasonable grounds to believe that the dwelling-house is a place referred to in paragraph (2)(a); (b) entry into the dwelling-house is necessary for any purpose relating to the administration or enforcement of this Act; and (c) entry into the dwelling-house has been, or there are reasonable grounds to believe that entry will be, refused. Orders if entry not authorized (5) If the judge is not satisfied that entry into the dwelling-house is necessary for any purpose related to the administration or enforcement of this Act, the judge may, to the extent that access was or may be expected to be refused and that a record or property is or may be expected to be kept in the dwelling-house, (a) order the occupant of the dwellinghouse to provide an officer with reasonable access to any record or property that is or should be kept in the dwelling-house; and (b) make any other order that is appropriate in the circumstances to carry out the purposes of this Act. ��� Definition of ‘‘dwelling-house’’ C. 22 Excise, (6) In this section, ‘‘dwelling-house’’ means the whole or any part of a building or structure that is kept or occupied as a permanent or temporary residence, and includes (a) a building within the curtilage of a dwelling-house that is connected to it by a doorway or by a covered and enclosed passageway; and (b) a unit that is designed to be mobile and to be used as a permanent or temporary residence and that is being used as such a residence. Custody of seized things 261. (1) An officer who seizes a thing under section 260 may retain custody of the thing or transfer custody of it to any person that the officer may designate. Retention of seized things (2) An officer may order that a thing seized under section 260 be retained or stored at the place from where it was seized and no person shall use, remove or dispose of the thing without the consent of the officer or other authorized person. Copies of records 262. (1) A person who seizes, inspects, audits, examines or is provided a record under section 260 may make, or cause to be made, one or more copies of the record. Retention of records seized (2) No records that have been seized as evidence under section 260 shall be retained for a period of more than three months after the time of seizure unless, before the expiry of that period, (a) the person from whom they were seized agrees to their further retention for a specified period; (b) a judge is satisfied on application that, having regard to the circumstances, their further retention for a specified period is warranted and so orders; or (c) judicial proceedings are instituted in which they may be required. Officer must give notification of seizure 263. An officer who seizes a thing under section 260 shall, without delay, (a) report the circumstances of the seizure to the Commissioner; and 2001-2002 Accise ( (b) if the officer has evidence that a person may be entitled to make an application under section 278 in respect of the thing, take all reasonable measures to ensure that notification of the seizure is sent to that person at their last known address. Return or Disposal of Things Seized Certain things not to be returned 264. Despite this Act, any alcohol, specially denatured alcohol, raw leaf tobacco or tobacco product that is seized under section 260 must not be returned to the person from whom it was seized or any other person unless it was seized in error. Return if security provided 265. The Minister may, subject to this or any other Act of Parliament, return anything that has been seized under section 260 to the person from whom it was seized, or to any person authorized by that person, on receipt of security with a value equal to (a) the value of the thing at the time of its seizure as determined by the Minister; or (b) a lesser amount satisfactory to the Minister. Dealing with things seized 266. (1) The Minister may sell, destroy or otherwise deal with anything seized under section 260. Restriction (2) Subject to the regulations, the Minister may sell (a) seized spirits or specially denatured alcohol only to a spirits licensee; (b) seized wine only to a wine licensee; and (c) seized raw leaf tobacco or a seized tobacco product only to a tobacco licensee. Payment of compensation (3) If a person would be entitled to the return of a thing if it were available to be returned, but it is not possible to return it, the person shall be paid (a) if the thing was sold, the proceeds from the sale; and (b) in any other case, the value of the thing at the time of its seizure as determined by the Minister. ��� C. 22 Excise, Forfeitures Forfeiture from time of contravention 267. Subject to the reviews and appeals provided for under this Act, anything by means of or in relation to which a contravention under this Act was committed is forfeit to Her Majesty from the time of the contravention. Thing no longer forfeit 268. A thing in respect of which security is received under section 265 ceases to be forfeit from the time the security is received and the security shall be held as forfeit instead of the thing. Review of forfeiture 269. The forfeiture of a thing under section 267 or any security held as forfeit instead of the thing is final and not subject to review or to be restrained, prohibited, removed, set aside or otherwise dealt with except to the extent and in the manner provided under this Act. Review of Imposed Penalty or Seizure Penalty imposed or seizure made in error 270. (1) If the Minister determines that a penalty was imposed in error under section 254 or a thing was seized in error under section 260, the Minister may (a) cancel the penalty and authorize the return of any amount of money paid with respect to the penalty; and (b) authorize the release of the thing or the return of any security received in respect of the seizure. Non-application if request made (2) Subsection (1) does not apply if a request under section 271 has been made in respect of the imposition of the penalty or the seizure. Request for Minister’s decision 271. (1) Any person on whom a penalty is imposed under section 254 or from whom a thing is seized under section 260 may request that the Minister review the imposition of the penalty or the seizure and make a decision under section 273. Time limit for making request (2) A request must be made within 90 days after (a) the date of the service or sending of the notice of the imposed penalty; or 2001-2002 Accise ( (b) in the case of a thing, the date on which the seizure of the thing was brought to the notice of the person from whom the thing was seized. How request made (3) A request must be made in writing (a) if the request is in respect of a penalty imposed, to the office of the Agency from which the notice of the imposed penalty is issued; or (b) if the request is in respect of a seizure of a thing, to the officer who seized the thing. Burden of proof (4) The burden of proving that a request was made lies on the person claiming that it was made. Commissioner to provide reasons (5) On receipt of a request, the Commissioner shall without delay provide to the person making the request written reasons for the seizure or the imposition of the penalty. Evidence (6) The person making a request may submit any evidence that the person wishes the Minister to consider for the purposes of making the decision within 30 days after the date on which the written reasons were sent. Form of evidence (7) Evidence may be given by affidavit sworn before a commissioner for taking oaths or any other person authorized to take affidavits. Extension of time by Minister 272. (1) If no request for a decision under section 271 is made within the time limited by that section, a person may make a written application to the Minister to extend the time for making a request. Conditions — grant of application (2) The Minister may extend the time for making a request under section 271 if an application under subsection (1) is made within one year after the time limit for a request and the Minister is satisfied that (a) the applicant had a bona fide intention to make the request before the expiration of the time limit but was unable to do so and was unable to instruct another person to do so on the applicant’s behalf; (b) the application was made as soon as circumstances permitted it to be made; and (c) having regard to any reasons provided by the applicant and to the circumstances of ��� C. 22 Excise, the case, it would be just and equitable to extend the time. Notification of decision (3) The Minister shall notify the applicant of the Minister’s decision regarding the application by registered or certified mail. If application granted (4) If the Minister decides to extend the time, the request under section 271 is deemed to have been made on the day of the decision of the Minister regarding the application. Decision final (5) A decision of the Minister under this section is final and binding and, despite any other Act of Parliament, no appeal lies from it. Decision of the Minister 273. (1) As soon after the receipt of a request under section 271 as is reasonably possible, the Minister shall review the circumstances giving rise to the imposition of the penalty or the seizure and decide whether the contravention on which the penalty or the seizure is based occurred and what action is to be taken under section 274 or 275. Notification of decision (2) The Minister shall notify the person who requested the decision of the decision by registered or certified mail. Judicial review (3) The Minister’s decision is not subject to review or to be restrained, prohibited, removed, set aside or otherwise dealt with except to the extent and in the manner provided under subsection 276(1). If no contravention occurred 274. (1) Subject to this or any other Act of Parliament, if the Minister decides under subsection 273(1) that the contravention on which a penalty or seizure is based did not occur, the Minister shall without delay (a) in the case of a penalty, cancel the penalty and authorize the return of any money paid on account of it and any interest that was paid in respect of it; or (b) in the case of a seizure, authorize the release of the seized thing or the return of any security taken in respect of it. Interest on money returned (2) If any money is authorized to be returned to a person, there shall be paid to the person, in addition to the money returned, interest at the prescribed rate computed for the 2001-2002 Accise ( period beginning on the day after the money was paid and ending on the day on which the money is returned. If contravention occurred — penalty 275. (1) If the Minister decides under subsection 273(1) that the contravention on which a penalty is based did occur, the Minister may (a) confirm the penalty; (b) if the Minister believes that the penalty imposed is insufficient under the circumstances relating to the contravention, demand from the person any additional amount of money that the Minister considers sufficient to increase the penalty to an amount of not more than the maximum amount for which the person is liable for the contravention, and the additional amount is payable immediately; or (c) if the Minister believes that the penalty imposed should be reduced or waived under the circumstances relating to the contravention, reduce or waive the penalty. If contravention occurred — seizure (2) If the Minister decides under subsection 273(1) that the contravention on which a seizure is based did occur, the Minister may, subject to any terms and conditions that the Minister may determine, (a) confirm the seizure; (b) return the seized thing on receipt by the Minister of an amount of money equal (i) to the value of the thing at the time of the seizure, as determined by the Minister, or (ii) to a lesser amount satisfactory to the Minister; (c) return any portion of any security taken in respect of the thing; or (d) if the Minister considers that insufficient security was taken or if no security was received, demand any amount of money that the Minister considers sufficient in the circumstances, and the amount is payable immediately. ��� Amounts demanded by the Minister C. 22 Excise, (3) Any amount of money demanded under paragraph (1)(b) or (2)(d), from and after the date of the notice provided under subsection 273(2), constitutes a debt due to Her Majesty from the person who requested the decision and that person is in default unless, within 90 days after that date, the person (a) pays the amount so demanded; or (b) if the person appeals the decision of the Minister under section 276, gives security satisfactory to the Minister. Interest on penalty during appeal period (4) Despite subsection 170(1), if the decision of the Minister is appealed to the Federal Court under section 276, no interest is payable in respect of an amount demanded under paragraph (1)(b) or (2)(d) for any period before the day on which the appeal is resolved. Forfeiture ceases (5) If the Minister returns a seized thing or security taken in respect of a seized thing under subsection (2), the thing or the security ceases to be forfeit. Federal Court 276. (1) A person who requests a decision of the Minister under section 271 may, within 90 days after being notified of the decision, appeal the decision by way of an action in the Federal Court in which the person is the plaintiff and the Minister is the defendant. Ordinary action (2) The Federal Court Act and the rules made under it that are applicable to ordinary actions apply to actions instituted under subsection (1), except as varied by special rules made in respect of those actions. Restoration of things seized pending appeal 277. If an appeal is taken by the Crown from a judgment that orders the Crown to give or return to a person anything that has been seized under section 260, the execution of the judgment shall not be suspended if the person to whom the thing is ordered given or returned gives any security to the Crown that the court that rendered the judgment considers sufficient to ensure delivery of the thing or the full value of the thing to the Crown if the judgment so appealed is reversed. 2001-2002 Accise ( Third Party Claims Third party may claim interest in seized or forfeited thing 278. (1) On application by a person, other than a person who is entitled to make a request under section 271, who is an owner of, or who holds a security or property interest in, a thing seized under section 260 or forfeited under section 267, the Minister may declare (a) that the applicant’s interest in the thing is not affected by the seizure or forfeiture of the thing; and (b) the nature and extent of that interest at the time of the contravention on which the seizure or forfeiture is based. Conditions for declaration (2) A declaration referred to in subsection (1) shall not be made unless (a) a request under section 271 has not been made in respect of the seizure of the thing or, if a request was made, the seizure has been confirmed by the Minister under paragraph 275(2)(a); and (b) the Minister is satisfied that the applicant (i) acquired in good faith the interest in the seized thing before the contravention occurred, (ii) is innocent of any complicity and of any collusion in respect of the contravention, and (iii) exercised all reasonable care to satisfy themselves that any person likely to have possession of the thing was not likely to use it in connection with a contravention of this Act. Manner and time limit for making application (3) An application must be submitted in writing, (a) in the case of a seizure, within 90 days after the date of the seizure of the thing, to the officer who made the seizure; or (b) in any other case, within 90 days after the date on which the person became aware of the contravention on which the forfeiture is based, to the Minister. ��� C. 22 Excise, Burden of proof (4) The burden of proving that an application was submitted lies on the person claiming that it was submitted. Evidence (5) An applicant may submit any evidence that they wish the Minister to consider for the purposes of the application within 30 days after the date of the request. Form of evidence (6) Evidence may be given by affidavit sworn before a commissioner for taking oaths or any other person authorized to take affidavits. Notification of decision (7) The Minister shall notify the applicant of the Minister’s decision regarding the application under subsection (1) by registered or certified mail. Extension of time by Minister 279. (1) If no application for a declaration under section 278 is made within the time limited by that section, a person may apply in writing to the Minister to extend the time for making an application under that section. Conditions — grant of application (2) The Minister may extend the time for making an application under section 278 if an application under subsection (1) is made within one year after the time limit for the application under section 278 and the Minister is satisfied that (a) the applicant had a bona fide intention to apply under section 278 before the expiration of the time limit but was unable to do so and was unable to instruct another person to do so on the applicant’s behalf; (b) the application under subsection (1) was made as soon as circumstances permitted it to be made; and (c) having regard to any reasons provided by the applicant and to the circumstances of the case, it would be just and equitable to extend the time. Notification of decision (3) The Minister shall notify the applicant of the Minister’s decision regarding the application under subsection (1) by registered or certified mail. If application granted (4) If the Minister decides to extend the time, the application under section 278 is deemed to have been made on the day of the decision of the Minister regarding the application under subsection (1). 2001-2002 Accise ( Decision final (5) A decision of the Minister under this section is final and binding and, despite any other Act of Parliament, no appeal lies from it. Application to court 280. (1) If the Minister decides not to make a declaration under subsection 278(1) or the applicant is not satisfied with the declaration made, the applicant may, within 90 days after the date of the decision or declaration, apply by notice in writing to a superior court of competent jurisdiction for an order under section 281. Date of hearing (2) The court to which an application is made under this section shall fix a day for the hearing of the application that is not less than 30 days after the date of the filing of the application. Notice to Commissioner (3) An applicant shall serve notice of the application and of the hearing on the Commissioner, or an officer designated by the Commissioner for the purposes of this section, not later than 15 days after the day on which the date for the hearing of the application is fixed. Service of notice (4) The service of a notice is sufficient if it is sent by registered or certified mail addressed to the Commissioner. Order 281. An applicant under section 280 is entitled to an order declaring that their interest in a seized or forfeited thing is not affected by the seizure or forfeiture and declaring the nature and extent of that interest at the time of the contravention on which the seizure or forfeiture is based if, on the hearing of an application made under section 280, the court is satisfied that the applicant (a) acquired in good faith the interest in the thing before the contravention occurred; (b) is innocent of any complicity and of any collusion in respect of the contravention; and (c) exercised all reasonable care to satisfy themselves that any person likely to have possession of the thing was not likely to use it in connection with a contravention of this Act. ��� C. 22 Excise, Appeal 282. An applicant or the Crown may appeal an order made under section 281 to a court having appellate jurisdiction in other cases decided by the court that made the order and the appeal shall be asserted, heard and decided according to the ordinary procedure governing appeals to the appellate court. Delivery to applicant 283. (1) If an applicant’s interest in a seized thing is established under section 278, 281 or 282, the Minister shall, on the request of the applicant, direct that (a) the thing be given to the applicant; or (b) an amount calculated on the basis of the interest of the applicant in the thing as established be paid to the applicant. Limit on amount paid (2) The total amount paid under paragraph (1)(b) in respect of a thing shall, if it was sold or otherwise disposed of under this Act, not exceed the proceeds of the sale or disposition, if any, less any costs incurred by Her Majesty in respect of the thing and, if there are no proceeds of a disposition of a thing under this Act, no payment shall be made under that paragraph in respect of the thing. Collection Debts to Her Majesty 284. (1) Any duty, interest or other amount payable under this Act is a debt due to Her Majesty and is recoverable in the Federal Court or any other court of competent jurisdiction or in any other manner provided under this Act. Limitation (2) No proceedings for the recovery of an amount of duty, interest or other amount payable by a person under this Act shall be commenced in a court (a) in the case of an amount that may be assessed under this Act, unless at the time the action is commenced the person has been or may be assessed for that amount; and (b) in any other case, more than four years after the person became liable to pay the amount. 2001-2002 Accise ( Interest on judgments (3) If a judgment is obtained for any duty, interest or other amount payable under this Act, including a certificate registered under section 288, the provisions of this Act by which interest is payable for failure to pay an amount apply, with any modifications that the circumstances require, to the failure to pay the judgment debt, and the interest is recoverable in like manner as the judgment debt. Litigation costs (4) If an amount is payable by a person to Her Majesty because of an order, judgment or award of a court in respect of the costs of litigation relating to a matter to which this Act applies, sections 285 and 288 to 294 apply to the amount as if the amount were owing by the person on account of duty payable by the person under this Act. Security 285. (1) The Minister may, if the Minister considers it advisable, accept security in an amount and a form satisfactory to the Minister for payment of any amount that is or may become payable under this Act. Surrender of excess security (2) If a person who has furnished security, or on whose behalf security has been furnished, under this section requests in writing that the Minister surrender the security or any part of it, the Minister must surrender the security to the extent that its value exceeds the amount, at the time the request is received by the Minister, of any duty, interest or other amount for the payment of which it was furnished. Collection restrictions 286. (1) If a person is liable for the payment of an amount under this Act, the Minister shall not, for the purpose of collecting the amount, take any of the following actions until the end of 90 days after the date of a notice of assessment under this Act or a notice of penalty under section 254 is issued in respect of the amount: (a) commence legal proceedings in a court; (b) certify the amount under section 288; ��� C. 22 Excise, (c) require a person to make a payment under subsection 289(1); (d) require an institution or a person to make a payment under subsection 289(2); (e) require the retention of the amount by way of deduction or set-off under section 290; (f) require a person to turn over moneys under subsection 292(1); or (g) give a notice, issue a certificate or make a direction under subsection 293(1). No action after service of notice of objection (2) If a person has served a notice of objection under this Act to an assessment of an amount payable under this Act, the Minister shall not, for the purpose of collecting the amount in controversy, take any of the actions described in subsection (1) until the end of 90 days after the date of the notice to the person that the Minister has confirmed or varied the assessment. No action after request for decision (3) If a person has requested a decision of the Minister under section 271 in respect of a penalty imposed under section 254, the Minister shall not, for the purpose of collecting the penalty, take any of the actions described in subsection (1) until the end of 90 days after the date of the decision. No action after making appeal to Tax Court (4) If a person has appealed to the Tax Court from an assessment of an amount payable under this Act, the Minister shall not, for the purpose of collecting the amount in controversy, take any of the actions described in subsection (1) before the day on which a copy of the decision of the Court is mailed to the person or the day on which the person discontinues the appeal, whichever is the earlier. No action after making appeal to Federal Court (5) If a person has appealed to the Federal Court from a decision of the Minister under section 273 in respect of a penalty imposed under section 254, the Minister shall not, for the purpose of collecting the penalty, take any of the actions described in subsection (1) before the day on which a copy of the decision 2001-2002 Accise ( of the Court is mailed to the person or the day on which the person discontinues the appeal, whichever is the earlier. No action pending determination by court (6) If a person has agreed under subsection 204(1) that a question should be determined by the Tax Court, or if a person is served with a copy of an application made under subsection 205(1) to that Court for the determination of a question, the Minister shall not take any of the actions described in subsection (1) for the purpose of collecting that part of an amount assessed, the liability for payment of which will be affected by the determination of the question, before the day on which the question is determined by the Court. Action after judgment (7) Despite any other provision in this section, if a person has served a notice of objection under this Act to an assessment or has appealed to the Tax Court from an assessment and agrees in writing with the Minister to delay proceedings on the objection or appeal, as the case may be, until judgment has been given in another action before the Tax Court, the Federal Court of Appeal or the Supreme Court of Canada in which the issue is the same or substantially the same as that raised in the objection or appeal of the person, the Minister may take any of the actions described in subsection (1) for the purpose of collecting the amount assessed, or a part of it, determined in a manner consistent with the judgment of the Court in the other action at any time after the Minister notifies the person in writing that the judgment has been given by the Court in the other action. No restriction on collection of large amounts (8) Despite subsections (1) to (7), if, at any time, the total of all amounts that a person has been assessed under this Act and that remain unpaid exceeds $1,000,000, the Minister may collect up to 50% of the total. Authorization to proceed without delay 287. (1) Despite section 286, if, on ex parte application by the Minister, a judge is satisfied that there are reasonable grounds to believe that the collection of all or any part of an amount assessed in respect of a person would be jeopardized by a delay in the collection of the amount, the judge shall, on such terms as the judge considers reasonable in the circum��� C. 22 Excise, stances, authorize the Minister to take without delay any of the actions described in subsection 286(1) with respect to the amount. Notice of assessment not sent (2) An authorization under subsection (1) in respect of an amount assessed may be granted by a judge even though a notice of assessment in respect of that amount has not been sent to the person at or before the time the application is made if the judge is satisfied that the receipt of the notice of assessment by the person would likely further jeopardize the collection of the amount, and for the purposes of sections 284, 288 to 290, 292 and 293, the amount in respect of which an authorization is so granted is deemed to be an amount payable under this Act. Affidavits (3) Statements contained in an affidavit of a person filed in the context of an application under this section may be based on the belief of the person. Service of authorization and of notice of assessment (4) An authorization granted under this section in respect of a person shall be served by the Minister on the person within 72 hours after it is granted unless the judge orders the authorization to be served at some other time specified in the authorization. If a notice of assessment has not been sent to the person at or before the time of the application, the notice of assessment shall be served together with the authorization. How service effected (5) For the purposes of subsection (4), service on a person shall be effected by (a) personal service on the person; or (b) service in accordance with the directions, if any, of a judge. Application to judge for direction (6) If service on a person cannot reasonably be effected as and when required under this section, the Minister may, as soon as practicable, apply to a judge for further direction. Review of authorization (7) If a judge of a court has granted an authorization under this section in respect of a person, the person may, on six clear days notice to the Deputy Attorney General of Canada, apply to a judge of the court to review the authorization. 2001-2002 Limitation period for review application Accise ( (8) An application under subsection (7) shall be made (a) within 30 days after the authorization was served on the person in accordance with this section; or (b) within such further time as a judge may allow, on being satisfied that the application was made as soon as practicable. Hearing in camera (9) An application under subsection (7) may, on the application of the person, be heard in camera, if the person establishes to the satisfaction of the judge that the circumstances of the case justify in camera proceedings. Disposition of application (10) On an application under subsection (7), the judge shall determine the question summarily and may confirm, set aside or vary the authorization and make any other order the judge considers appropriate. Directions (11) If any question arises as to the course to be followed in connection with anything done or being done under this section and there is no direction in this section with respect to it, a judge may give any direction the judge considers appropriate. No appeal from review order (12) No appeal lies from an order of a judge made under subsection (10). Certificates 288. (1) Any duty, interest or other amount payable by a person (in this section referred to as the ‘‘debtor’’) under this Act, or any part of the duty, interest or amount, that has not been paid as and when required under this Act may be certified by the Minister as an amount payable by the debtor. Registration in court (2) On production to the Federal Court, a certificate in respect of a debtor shall be registered in the Court and when so registered has the same effect, and all proceedings may be taken on the certificate, as if it were a judgment obtained in the Court against the debtor for a debt in the amount certified plus interest on the amount as provided under this Act to the day of payment and, for the purposes of those proceedings, the certificate ��� C. 22 Excise, is deemed to be a judgment of the Court against the debtor for a debt due to Her Majesty and enforceable as such. Costs (3) All reasonable costs and charges incurred or paid for the registration in the Court of a certificate or in respect of any proceedings taken to collect the amount certified are recoverable in like manner as if they had been included in the amount certified in the certificate when it was registered. Charge on property (4) A document issued by the Federal Court evidencing a registered certificate in respect of a debtor, a writ of that Court issued pursuant to the certificate or any notification of the document or writ (such document, writ or notification in this section referred to as a ‘‘memorial’’) may be filed, registered or otherwise recorded for the purpose of creating a charge, lien or priority on, or a binding interest in, property in a province, or any interest in such property, held by the debtor, in the same manner as a document evidencing (a) a judgment of the superior court of the province against a person for a debt owing by the person, or (b) an amount payable or required to be remitted by a person in the province in respect of a debt owing to Her Majesty in right of the province may be filed, registered or otherwise recorded in accordance with the law of the province to create a charge, lien or priority on, or a binding interest in, the property or interest. Creation of charge (5) If a memorial has been filed, registered or otherwise recorded under subsection (4), (a) a charge, lien or priority is created on, or a binding interest is created in, property in the province, or any interest in such property, held by the debtor, or (b) such property or interest in the property is otherwise bound, in the same manner and to the same extent as if the memorial were a document evidencing a judgment referred to in paragraph (4)(a) or an amount referred to in paragraph (4)(b), and 2001-2002 Accise ( the charge, lien, priority or binding interest created shall be subordinate to any charge, lien, priority or binding interest in respect of which all steps necessary to make it effective against other creditors were taken before the time the memorial was filed, registered or otherwise recorded. Proceedings in respect of memorial (6) If a memorial is filed, registered or otherwise recorded in a province under subsection (4), proceedings may be taken in the province in respect of the memorial, including proceedings (a) to enforce payment of the amount evidenced by the memorial, interest on the amount and all costs and charges paid or incurred in respect of (i) the filing, registration or other recording of the memorial, and (ii) proceedings taken to collect the amount, (b) to renew or otherwise prolong the effectiveness of the filing, registration or other recording of the memorial, (c) to cancel or withdraw the memorial wholly or in respect of any of the property or interests affected by the memorial, or (d) to postpone the effectiveness of the filing, registration or other recording of the memorial in favour of any right, charge, lien or priority that has been or is intended to be filed, registered or otherwise recorded in respect of any property or interest affected by the memorial, in the same manner and to the same extent as if the memorial were a document evidencing a judgment referred to in paragraph (4)(a) or an amount referred to in paragraph (4)(b), except that, if in any such proceeding or as a condition precedent to any such proceeding, any order, consent or ruling is required under the law of the province to be made or given by the superior court of the province or by a judge or official of the court, a like order, consent or ruling may be made or given by the Federal Court or by a judge or official of the Federal Court and, when so made or given, has the same effect for the purposes of the proceeding as if it were made or given by the superior ��� C. 22 Excise, court of the province or by a judge or official of the court. Presentation of documents (7) If (a) a memorial is presented for filing, registration or other recording under subsection (4), or a document relating to the memorial is presented for filing, registration or other recording for the purpose of any proceeding described in subsection (6), to any official of a property registry system of a province, or (b) access is sought to any person, place or thing in a province to make the filing, registration or other recording, the memorial or document shall be accepted for filing, registration or other recording or the access shall be granted, as the case may be, in the same manner and to the same extent as if the memorial or document relating to the memorial were a document evidencing a judgment referred to in paragraph (4)(a) or an amount referred to in paragraph (4)(b) for the purpose of a like proceeding, except that, if the memorial or document is issued by the Federal Court or signed or certified by a judge or official of the Court, any affidavit, declaration or other evidence required under the law of the province to be provided with or to accompany the memorial or document in the proceedings is deemed to have been provided with or to have accompanied the memorial or document as so required. Sale, etc. (8) Despite any law of Canada or of a province, a sheriff or other person shall not, without the written consent of the Minister, sell or otherwise dispose of any property or publish any notice or otherwise advertise in respect of any sale or other disposition of any property pursuant to any process issued or charge, lien, priority or binding interest created in any proceeding to collect an amount certified in a certificate made under subsection (1), interest on the amount or costs, but if that consent is subsequently given, any prop2001-2002 Accise ( erty that would have been affected by such a process, charge, lien, priority or binding interest if the Minister’s consent had been given at the time the process was issued or the charge, lien, priority or binding interest was created, as the case may be, shall be bound, seized, attached, charged or otherwise affected as it would be if that consent had been given at the time the process was issued or the charge, lien, priority or binding interest was created, as the case may be. Completion of notices, etc. (9) If information required to be set out by any sheriff or other person in a minute, notice or document required to be completed for any purpose cannot, because of subsection (8), be so set out without the written consent of the Minister, the sheriff or other person shall complete the minute, notice or document to the extent possible without that information and, when that consent of the Minister is given, a further minute, notice or document setting out all the information shall be completed for the same purpose, and the sheriff or other person, having complied with this subsection, is deemed to have complied with the Act, regulation or rule requiring the information to be set out in the minute, notice or document. Application for an order (10) A sheriff or other person who is unable, because of subsection (8) or (9), to comply with any law or rule of court is bound by any order made by a judge of the Federal Court, on an ex parte application by the Minister, for the purpose of giving effect to the proceeding, charge, lien, priority or binding interest. Deemed security (11) If a charge, lien, priority or binding interest created under subsection (5) by filing, registering or otherwise recording a memorial under subsection (4) is registered in accordance with subsection 87(1) of the Bankruptcy and Insolvency Act, it is deemed (a) to be a claim that is secured by a security and that, subject to subsection 87(2) of that Act, ranks as a secured claim under that Act; and (b) to also be a claim referred to in paragraph 86(2)(a) of that Act. ��� Details in certificates and memorials C. 22 Excise, (12) Despite any law of Canada or of the legislature of a province, in any certificate in respect of a debtor, any memorial evidencing a certificate or any writ or document issued for the purpose of collecting an amount certified, it is sufficient for all purposes (a) to set out, as the amount payable by the debtor, the total of amounts payable by the debtor without setting out the separate amounts making up that total; and (b) to refer to the rate of interest to be charged on the separate amounts making up the amount payable in general terms as interest at the prescribed rate under this Act applicable from time to time on amounts payable to the Receiver General, without indicating the specific rates of interest to be charged on each of the separate amounts or to be charged for any period. Garnishment 289. (1) If the Minister has knowledge or suspects that a person is, or will be within one year, liable to make a payment to another person who is liable to pay an amount under this Act (in this section referred to as a ‘‘debtor’’), the Minister may, by notice in writing, require the person to pay without delay, if the money is immediately payable, and in any other case, as and when the money becomes payable, the money otherwise payable to the debtor in whole or in part to the Receiver General on account of the debtor’s liability under this Act. Garnishment of loans or advances (2) Without limiting the generality of subsection (1), if the Minister has knowledge or suspects that within 90 days (a) a bank, credit union, trust company or other similar person (in this section referred to as the ‘‘institution’’) will loan or advance money to, or make a payment on behalf of, or make a payment in respect of a negotiable instrument issued by, a debtor who is indebted to the institution and who has granted security in respect of the indebtedness, or 2001-2002 Accise ( (b) a person, other than an institution, will loan or advance money to, or make a payment on behalf of, a debtor who the Minister knows or suspects (i) is employed by, or is engaged in providing services or property to, that person or was or will be, within 90 days, so employed or engaged, or (ii) if that person is a corporation, is not dealing at arm’s length with that person, the Minister may, by notice in writing, require the institution or person, as the case may be, to pay in whole or in part to the Receiver General on account of the debtor’s liability under this Act the money that would otherwise be so loaned, advanced or paid. Effect of receipt (3) A receipt issued by the Minister for money paid as required under this section is a good and sufficient discharge of the original liability to the extent of the payment. Effect of requirement (4) If the Minister has, under this section, required a person to pay to the Receiver General on account of the liability under this Act of a debtor money otherwise payable by the person to the debtor as interest, rent, remuneration, a dividend, an annuity or other periodic payment, the requirement applies to all such payments to be made by the person to the debtor until the liability under this Act is satisfied, and operates to require payments to the Receiver General out of each such payment of any amount that is stipulated by the Minister in a notice in writing. Failure to comply (5) Every person who fails to comply with a requirement under subsection (1) or (4) is liable to pay to Her Majesty an amount equal to the amount that the person was required under that subsection to pay to the Receiver General. Other failures to comply (6) Every institution or person that fails to comply with a requirement under subsection (2) with respect to money to be loaned, advanced or paid is liable to pay to Her Majesty an amount equal to the lesser of ��� C. 22 Excise, (a) the total of money so loaned, advanced or paid, and (b) the amount that the institution or person was required under that subsection to pay to the Receiver General. Assessment (7) The Minister may assess any person for any amount payable under this section by the person to the Receiver General and, if the Minister sends a notice of assessment, sections 188 to 205 apply with any modifications that the circumstances require. Time limit (8) An assessment of an amount payable under this section by a person to the Receiver General shall not be made more than four years after the notice from the Minister requiring the payment was received by the person. Effect of payment as required (9) If an amount that would otherwise have been advanced, loaned or paid to or on behalf of the debtor is paid by a person to the Receiver General in accordance with a notice from the Minister issued under this section or with an assessment under subsection (7), the person is deemed for all purposes to have advanced, loaned or paid the amount to or on behalf of the debtor. Recovery by deduction or set-off 290. If a person is indebted to Her Majesty under this Act, the Minister may require the retention by way of deduction or set-off of any amount that the Minister may specify out of any amount that may be or become payable to that person by Her Majesty. Acquisition of debtor’s property 291. For the purpose of collecting debts owed by a person to Her Majesty under this Act, the Minister may purchase or otherwise acquire any interest in the person’s property that the Minister is given a right to acquire in legal proceedings or under a court order or that is offered for sale or redemption, and may dispose of any interest so acquired in any manner that the Minister considers reasonable. 2001-2002 Accise ( Money seized from debtor 292. (1) If the Minister has knowledge or suspects that a person is holding money that was seized by a police officer in the course of administering or enforcing the criminal law of Canada from another person who is liable to pay any duty, interest or other amount under this Act (in this section referred to as the ‘‘debtor’’) and that is restorable to the debtor, the Minister may in writing require the person to turn over the money otherwise restorable to the debtor, in whole or in part, to the Receiver General on account of the debtor’s liability under this Act. Receipt of Minister (2) A receipt issued by the Minister for money turned over is a good and sufficient discharge of the requirement to restore the money to the debtor to the extent of the amount so turned over. Seizure — failure to pay duty, etc. 293. (1) If a person fails to pay duty, interest or other amount as required under this Act, the Minister may in writing give 30 days notice to the person, addressed to their last known address, of the Minister’s intention to direct that the person’s things be seized and disposed of. If the person fails to make the payment before the expiry of the 30 days, the Minister may issue a certificate of the failure and direct that the person’s things be seized. Disposition (2) Things that have been seized under subsection (1) shall be kept for 10 days at the expense and risk of the owner. If the owner does not pay the amount due together with all expenses within the 10 days, the Minister may dispose of the things in a manner the Minister considers appropriate in the circumstances. Proceeds of disposition (3) Any surplus resulting from a disposition, after deduction of the amount owing and all expenses, shall be paid or returned to the owner of the things seized. Exemptions from seizure (4) Anything of any person in default that would be exempt from seizure under a writ of execution issued by a superior court of the province in which the seizure is made is exempt from seizure under this section. ��� C. 22 Excise, Person leaving Canada or defaulting 294. (1) If the Minister suspects that a person has left or is about to leave Canada, the Minister may, before the day otherwise fixed for payment, by notice to the person served personally or sent by registered or certified mail addressed to their last known address, demand payment of any amount for which the person is liable under this Act or would be so liable if the time for payment had arrived, and the amount shall be paid without delay despite any other provision of this Act. Seizure (2) If a person fails to pay an amount required under subsection (1), the Minister may direct that things of the person be seized, and subsections 293(2) to (4) apply, with any modifications that the circumstances require. Liability of directors 295. (1) If a corporation fails to pay any duty or interest as and when required under this Act, the directors of the corporation at the time it was required to pay the duty or interest are jointly and severally or solidarily liable, together with the corporation, to pay the duty or interest and any interest that is payable on the duty or interest under this Act. Limitations (2) A director of a corporation is not liable unless (a) a certificate for the amount of the corporation’s liability has been registered in the Federal Court under section 288 and execution for that amount has been returned unsatisfied in whole or in part; (b) the corporation has commenced liquidation or dissolution proceedings or has been dissolved and a claim for the amount of the corporation’s liability has been proved within six months after the earlier of the date of commencement of the proceedings and the date of dissolution; or (c) the corporation has made an assignment or a receiving order has been made against it under the Bankruptcy and Insolvency Act and a claim for the amount of the corporation’s liability has been proved within six months after the date of the assignment or receiving order. 2001-2002 Accise ( Diligence (3) A director of a corporation is not liable for a failure under subsection (1) if the director exercised the degree of care, diligence and skill to prevent the failure that a reasonably prudent person would have exercised in comparable circumstances. Assessment (4) The Minister may assess any person for any amount of duty or interest payable by the person under this section and, if the Minister sends a notice of assessment, sections 188 to 205 apply with any modifications that the circumstances require. Time limit (5) An assessment of any amount payable by a person who is a director of a corporation shall not be made more than two years after the person ceased to be a director of the corporation. Amount recoverable (6) If execution referred to in paragraph (2)(a) has issued, the amount recoverable from a director is the amount remaining unsatisfied after execution. Preference (7) If a director of a corporation pays an amount in respect of the corporation’s liability that is proved in liquidation, dissolution or bankruptcy proceedings, the director is entitled to any preference to which Her Majesty would have been entitled had the amount not been so paid, and if a certificate that relates to the amount has been registered, the director is entitled to an assignment of the certificate to the extent of the director’s payment, which assignment the Minister is empowered to make. Contribution (8) A director who satisfies a claim under this section is entitled to contribution from the other directors who were liable for the claim. Compliance by unincorporated bodies 296. (1) If any duty, interest or other amount is required to be paid or any other thing is required to be done under this Act by a person (in this section referred to as the ‘‘body’’) that is not an individual, a corporation or a partnership, it shall be the joint and several or solidary liability and responsibility of (a) every member of the body holding office as president, chairperson, treasurer, secretary or similar officer of the body, ��� C. 22 Excise, (b) if there are no such officers of the body, every member of any committee having management of the affairs of the body, and (c) if there are no such officers of the body and no such committee, every member of the body, to pay that amount of duty, interest or other amount or to comply with the requirement, and if the amount is paid or the requirement is fulfilled by an officer of the body, a member of such a committee or a member of the body, it shall be considered as compliance with the requirement. Assessment Limitation (2) The Minister may assess any person for any amount for which the person is liable under this section and, if the Minister sends a notice of assessment, sections 188 to 205 apply with any modifications that the circumstances require. (3) An assessment of a person shall not (a) include any amount that the body was liable to pay before the person became jointly and severally or solidarily liable; (b) include any amount that the body became liable to pay after the person ceased to be jointly and severally or solidarily liable; or (c) be made more than two years after the person ceased to be jointly and severally or solidarily liable unless the person was grossly negligent in the carrying out of any duty or obligation imposed on the body by or under this Act or made, or participated in, assented to or acquiesced in the making of, a false statement or omission in a return, application, form, certificate, statement, invoice or answer made by the body. Liability re transfers not at arm’s length 297. (1) If at any time a person transfers property, either directly or indirectly, by a trust or any other means, to (a) their spouse or common-law partner or an individual who has since become their spouse or common-law partner, (b) an individual who was under 18 years of age, or 2001-2002 Accise ( (c) another person with whom the transferor was not dealing at arm’s length, the transferee and transferor are jointly and severally or solidarily liable to pay an amount equal to the lesser of (d) the amount determined by the formula A-B where A is the amount, if any, by which the fair market value of the property at that time exceeds the fair market value at that time of the consideration given by the transferee for the transfer of the property, and B is the amount, if any, by which the total of all amounts, if any, the transferee was assessed under subsection 160(2) of the Income Tax Act or subsection 325(2) of the Excise Tax Act in respect of the property exceeds the amount paid by the transferor in respect of the amounts so assessed, and (e) the total of all amounts each of which is (i) an amount that the transferor is liable to pay under this Act in respect of the fiscal month in which the property was transferred or any preceding fiscal month, or (ii) interest for which the transferor is liable as of that time. However, nothing in this subsection limits the liability of the transferor under any other provision of this Act. Fair market value of undivided interest (2) For the purposes of this section, the fair market value at any time of an undivided interest in a property, expressed as a proportionate interest in the property, is, subject to subsection (5), deemed to be equal to the same proportion of the fair market value of the property at that time. Assessment (3) The Minister may at any time assess a transferee in respect of any amount payable by reason of this section, and, if the Minister sends a notice of assessment, sections 188 to 205 apply with any modifications that the circumstances require. ��� Rules applicable C. 22 Excise, (4) If a transferor and transferee have, by reason of subsection (1), become jointly and severally or solidarily liable in respect of all or part of the liability of the transferor under this Act, the following rules apply: (a) a payment by the transferee on account of the transferee’s liability shall, to the extent of the payment, discharge the joint liability; and (b) a payment by the transferor on account of the transferor’s liability only discharges the transferee’s liability to the extent that the payment operates to reduce the transferor’s liability to an amount less than the amount in respect of which the transferee was, under subsection (1), made jointly and severally or solidarily liable. Special transfers to spouse or common-law partner (5) Despite subsection (1), if at any time an individual transfers property to their spouse or common-law partner under a decree, order or judgment of a competent tribunal or under a written separation agreement and, at that time, the individual and their spouse or commonlaw partner were separated and living apart as a result of a breakdown of their marriage or common-law partnership, for the purposes of paragraph (1)(d), the fair market value at that time of the property so transferred is deemed to be nil. However, nothing in this subsection limits the liability of the individual under any other provision of this Act. Definitions (6) The following definitions apply in this section. ‘‘common-law partner’’ « conjoint de fait » ‘‘common-law partner’’, in relation to an individual, means a person who is cohabiting with the individual in a conjugal relationship, having so cohabited for a period of at least one year. ‘‘common-law partnership’’ « union de fait » ‘‘common-law partnership’’ means the relationship between two persons who are common-law partners of each other. 2001-2002 Accise ( Evidence and Procedure Venue 298. A prosecution for an offence under this Act may be instituted, heard and determined in the place where the offence was committed or the subject-matter of the prosecution arose, where the accused was apprehended or where the accused happens to be, or is carrying on business. Service 299. (1) If the Minister is authorized or required to serve, issue or send a notice or other document on or to a person that (a) is a partnership, the notice or document may be addressed to the name of the partnership; (b) is a society, club, association, organization or other body, the notice or document may be addressed to the name of the body; and (c) carries on business under a name or style other than the name of the person, the notice or document may be addressed to the name or style under which the person carries on business. Personal service (2) If the Minister is authorized or required to serve, issue or send a notice or other document on or to a person that carries on a business, the notice or document is deemed to have been validly served, issued or sent if it is (a) in the case of a person that is a partnership, served personally on one of the partners or left with an adult person employed at the place of business of the partnership; or (b) in any other case, left with an adult person employed at the place of business of the person. Sending by mail 300. (1) For the purposes of this Act and subject to subsection (2), anything sent by registered, certified or first class mail is deemed to have been received by the person to whom it was sent on the day it was mailed. Paying by mail (2) A person who is required under this Act to pay an amount is deemed not to have paid it until it is received by the Receiver General. ��� Proof of service by mail C. 22 Excise, 301. (1) If, under this Act, provision is made for sending by mail a request for information, a notice or a demand, an affidavit of an officer of the Agency, sworn before a commissioner or other person authorized to take affidavits, is evidence of the sending and of the request, notice or demand if the affidavit sets out that (a) the officer has knowledge of the facts in the particular case; (b) such a request, notice or demand was sent by registered or certified mail on a specified day to a specified person and address; and (c) the officer identifies as exhibits attached to the affidavit the post office certificate of registration of the letter or a true copy of the relevant portion of the certificate and a true copy of the request, notice or demand. Proof of personal service (2) If, under this Act, provision is made for personal service of a request for information, a notice or a demand, an affidavit of an officer of the Agency, sworn before a commissioner or other person authorized to take affidavits, is evidence of the personal service and of the request, notice or demand if the affidavit sets out that (a) the officer has knowledge of the facts in the particular case; (b) such a request, notice or demand was served personally on a named day on the person to whom it was directed; and (c) the officer identifies as an exhibit attached to the affidavit a true copy of the request, notice or demand. Proof of failure to comply (3) If, under this Act, a person is required to make a return, an application, a statement, an answer or a certificate, an affidavit of an officer of the Agency, sworn before a commissioner or other person authorized to take 2001-2002 Accise ( affidavits, setting out that the officer has charge of the appropriate records and that after a careful examination and search of the records the officer has been unable to find in a given case that the return, application, statement, answer or certificate has been made by that person, is evidence that in that case the person did not make the return, application, statement, answer or certificate. Proof of time of compliance (4) If, under this Act, a person is required to make a return, an application, a statement, an answer or a certificate, an affidavit of an officer of the Agency, sworn before a commissioner or other person authorized to take affidavits, setting out that the officer has charge of the appropriate records and that after careful examination of the records the officer has found that the return, application, statement, answer or certificate was filed or made on a particular day, is evidence that it was filed or made on that day. Proof of documents (5) An affidavit of an officer of the Agency, sworn before a commissioner or other person authorized to take affidavits, setting out that the officer has charge of the appropriate records and that a document attached to the affidavit is a document or true copy of a document made by or on behalf of the Minister or a person exercising the powers of the Minister or by or on behalf of a person, is evidence of the nature and contents of the document. Proof of no appeal (6) An affidavit of an officer of the Agency, sworn before a commissioner or other person authorized to take affidavits, setting out that the officer has charge of the appropriate records and has knowledge of the practice of the Agency and that an examination of the records shows that a notice of assessment was mailed or otherwise sent to a person on a particular day under this Act and that, after careful examination and search of the records, the officer has been unable to find that a notice of objection or of appeal from the assessment was received within the time allowed for an objection or appeal to be filed under this Act, is evidence of the statements contained in the affidavit. ��� C. 22 Excise, Presumption (7) If evidence is offered under this section by an affidavit from which it appears that the person making the affidavit is an officer of the Agency, it is not necessary to prove the signature of the person or that the person is such an officer, nor is it necessary to prove the signature or official character of the person before whom the affidavit was sworn. Proof of documents (8) Every document purporting to have been executed under or in the course of the administration or enforcement of this Act over the name in writing of the Minister, the Commissioner or an officer authorized to exercise the powers or perform the duties of the Minister under this Act is deemed to be a document signed, made and issued by the Minister, the Commissioner or the officer, unless it has been called into question by the Minister or a person acting for the Minister or for Her Majesty. Mailing date (9) If a notice or demand that the Minister is required or authorized under this Act to send or mail to a person is mailed to the person, the day of mailing is deemed to be the date of the notice or demand. Date when assessment made (10) If a notice of assessment has been sent by the Minister as required under this Act, the assessment is deemed to have been made on the day of mailing of the notice of assessment. Proof of return (11) In a prosecution for an offence under this Act, the production of a return, an application, a certificate, a statement or an answer required under this Act, purporting to have been filed or delivered by or on behalf of the person charged with the offence or to have been made or signed by or on behalf of that person, is evidence that the return, application, certificate, statement or answer was filed or delivered by or on behalf of that person or was made or signed by or on behalf of that person. Proof of return — printouts (12) For the purposes of this Act, a document presented by the Minister purporting to be a printout of the information in respect of a person received under section 166 by the Minister shall be received as evidence and, in the absence of evidence to the contrary, is proof of the return filed by the person under that section. 2001-2002 Accise ( Proof of return — production of returns, etc. (13) In a proceeding under this Act, the production of a return, an application, a certificate, a statement or an answer required under this Act, purporting to have been filed, delivered, made or signed by or on behalf of a person, is evidence that the return, application, certificate, statement or answer was filed, delivered, made or signed by or on behalf of that person. Evidence (14) In a prosecution for an offence under this Act, an affidavit of an officer of the Agency, sworn before a commissioner or other person authorized to take affidavits, setting out that the officer has charge of the appropriate records and that an examination of the records shows that an amount required under this Act to be paid to the Receiver General on account of duty, interest or other amount has not been received by the Receiver General, is evidence of the statements contained in the affidavit. Probative force of copy (15) Any copy of an original record made under section 262 that is purported to be certified by the Minister or an officer to be a copy of the original record is evidence of the nature and content of the original record and has the same probative force as the original record would have if it were proven in the ordinary way. Certificate of analysis 302. An analyst who has analysed or examined a thing or a sample of it under this Act may issue a certificate or report setting out the results of the analysis or examination. Certificate or report of analyst as proof 303. (1) Subject to subsections (2) and (3), a certificate or report purporting to be signed by an analyst stating that the analyst has analysed or examined anything to which this Act applies and stating the results of the analysis or examination is admissible in evidence in a prosecution for an offence under this Act without proof of the signature or official character of the person appearing to have signed the certificate or report. ��� C. 22 Excise, Notice (2) The certificate or report may not be received in evidence unless the party intending to produce it has, before the trial, given the party against whom it is intended to be produced reasonable notice of that intention together with a copy of the certificate or report. Attendance of analyst (3) The party against whom the certificate or report is produced may, with leave of the court, require the attendance of the analyst for the purpose of cross-examination. PART 7 REGULATIONS Regulations — Governor in Council 304. (1) The Governor in Council may make regulations (a) respecting any requirements and conditions that must be met by a person to be issued or to hold a licence or a registration; (b) respecting the activities that a licensee or registrant may carry on and the premises where those activities may be carried on; (c) respecting the types of security that are acceptable for the purposes of paragraph 23(3)(b) and the manner by which the amount of the security is to be determined but that amount must not be less than $5,000; (d) respecting the duration, amendment, suspension, renewal, cancellation or reinstatement of licences and registrations; (e) prescribing facilities, equipment and personnel that must be provided by a licensee or registrant at the premises specified by the Minister under subsection 23(3); (f) respecting the information to be provided on tobacco products and packaged alcohol and containers of tobacco products and packaged alcohol; (g) designating certain classes of goods as ships’ stores for use on board a conveyance of a prescribed class, including a class based on (i) the physical attributes, functions or legal descriptions of conveyances, (ii) areas within which conveyances voyage, 2001-2002 Accise ( (iii) requirements, or limitations, related to voyages of conveyances, or (iv) any combination of the bases mentioned in subparagraphs (i) to (iii); (h) limiting the quantity of goods referred to in paragraph (g) that may be used as described in that paragraph during any prescribed period or periods; (i) respecting the entry and removal of tobacco products or alcohol from an excise warehouse or a special excise warehouse; (j) prescribing the fees to be paid for the examination or re-examination of instruments under section 148 and for any other service or anything provided by the Minister in relation to that section; (k) prescribing the fees or the manner of determining any fees to be paid for a licence or registration; (l) requiring any class of persons to make returns respecting any class of information required in connection with the administration or enforcement of this Act; (m) requiring any person to provide the Minister with the person’s Social Insurance Number; (n) respecting the sale under section 266 of alcohol, tobacco products, raw leaf tobacco or specially denatured alcohol seized under section 260; (o) prescribing any matter or thing that by this Act is to be or may be prescribed; and (p) generally to carry out the purposes and provisions of this Act. Effect (2) A regulation made under this Act has effect from the day it is published in the Canada Gazette or at any later time that may be specified in the regulation, unless it provides otherwise and ��� C. 22 Excise, (a) has a relieving effect only; (b) corrects an ambiguous or deficient enactment that was not in accordance with the objects of this Act; (c) is consequential on an amendment to this Act that is applicable before the day on which the regulation is published in the Canada Gazette; or (d) gives effect to a budgetary or other public announcement, in which case the regulation shall not, unless paragraph (a), (b) or (c) applies, have effect before the day on which the announcement was made. PART 8 TRANSITIONAL PROVISIONS AND CONSEQUENTIAL, RELATED AND COORDINATING AMENDMENTS Transitional Provisions Meaning of ‘‘implementation date’’ 305. In sections 306 to 320, ‘‘implementation date’’ means the day on which Parts 3 and 4 come into force. Transitional treatment of duties on packaged spirits 306. The following rules apply to packaged spirits on which a duty, at a rate determined by the application of section 1 of Part I of the schedule to the Excise Act, was imposed under that Act or levied under the Customs Tariff but that had not become payable before the implementation date: (a) as of that day, the duty is relieved; (b) as of that day, the Excise Act ceases to apply in respect of the spirits; (c) in the case of imported packaged spirits that have not been released under the Customs Act, this Act, the Customs Act and the Customs Tariff apply in respect of them as though they were imported on that day; and (d) in the case of any other packaged spirits, this Act applies in respect of them as though 2001-2002 Accise ( (i) they were produced and packaged in Canada on that day by the person having possession of them immediately before that day and the person were permitted under this Act to produce and package them, and (ii) if the spirits are in the possession of a duty free shop or an accredited representative or delivered as ships’ stores in accordance with the Ships’ Stores Regulations, they had been entered into an excise warehouse and then removed from the warehouse in accordance with paragraph 147(1)(a) on that day. Transitional treatment of duties on bulk spirits 307. (1) The following rules apply to bulk spirits on which a duty, at a rate determined by the application of section 1 of Part I of the schedule to the Excise Act, was imposed under that Act or levied under the Customs Tariff but that had not become payable before the implementation date: (a) as of that day, the duty is relieved; (b) as of that day, the Excise Act ceases to apply in respect of the spirits; (c) in the case of imported bulk spirits that have not been released under the Customs Act, this Act, the Customs Act and the Customs Tariff apply in respect of them as though they were imported on that day; and (d) in the case of any other bulk spirits, this Act applies in respect of them as though they were produced in Canada on that day by the person having possession of them immediately before that day. ��� Transitional treatment of bulk spirits imported for bottling or blending C. 22 Excise, (2) The following rules apply to bulk spirits on which a duty, at a rate determined by the application of section 1 of Part I of the schedule to the Excise Act, was levied under the Customs Tariff and remitted under the Distilled Spirits for Bottling in Bond Remission Order or the Imported Spirits for Blending Remission Order before the implementation date: (a) as of that day, the duty imposed on the spirits under subsection 135(1) of the Excise Act when they were entered into a distillery is relieved; (b) as of that day, the Excise Act ceases to apply in respect of the spirits; and (c) this Act applies in respect of them as though they were produced in Canada on that day by the person having possession of them immediately before that day. Transitional treatment of excise taxes on wine 308. The following rules apply to wine on which tax was imposed under section 27 of the Excise Tax Act but had not become payable before the implementation date: (a) as of that day, the tax is relieved; (b) as of that day, Parts III, VI and VII of the Excise Tax Act cease to apply in respect of the wine; (c) in the case of imported wine that has not been released under the Customs Act, this Act, the Customs Act and the Customs Tariff apply in respect of the wine as though it were imported on that day; (d) in the case of bulk wine to which paragraph (c) does not apply, this Act applies in respect of it as though it were produced in Canada on that day (i) if the wine is located in a fermenton-premises facility or at the residence of an individual, by the individual who owned the wine immediately before that day, or (ii) in any other case, by the person having possession of it immediately before that day; and 2001-2002 Accise ( (e) in the case of wine to which neither paragraph (c) nor (d) apply, this Act applies in respect of it as though (i) it were produced and packaged in Canada on that day by the person having possession of it immediately before that day and the person were permitted under this Act to produce and package it, and (ii) in the case of wine in the possession of a duty free shop or an accredited representative or delivered as ships’ stores in accordance with the Ships’ Stores Regulations, it had been entered into an excise warehouse and then removed from the warehouse in accordance with paragraph 147(1)(a) on that day. Transitional treatment of packaged wine in inventory of small manufacturers 309. (1) If tax under Part IV of the Excise Tax Act is not payable in respect of packaged wine because it was produced by a person who is exempt from payment of excise tax under the Small Manufacturers or Producers Exemption Regulations, subsection 135(1) does not apply to the wine if it was packaged before the implementation date. Determination of sales for transitional purposes (2) For the period beginning on the implementation date and ending on the day that is one year after that day, the words ‘‘products subject to duty under subsection (1), or would have been so subject to duty in the absence of this subsection,’’ in paragraph 135(2)(b) shall be read as ‘‘goods referred to in paragraph 2(1)(a) of the Small Manufacturers or Producers Exemption Regulations’’. Application of Act to tax-paid packaged wine 310. (1) If packaged wine on which tax imposed under section 27 of the Excise Tax Act became payable before the implementation date is entered into the excise warehouse of an excise warehouse licensee on or ��� C. 22 Excise, before the end of six months after that day, this Act applies in respect of the wine as though it were produced and packaged in Canada by the licensee and the licensee were permitted under this Act to produce and package it on the day it is entered into the warehouse. Refund of excise tax paid on packaged wine (2) If the tax imposed under section 27 of the Excise Tax Act in respect of the wine entered into the warehouse has been paid, the licensee may apply to the Minister for a refund of the tax. Limitation (3) No refund shall be paid under this section unless the application for the refund is filed with the Minister in the prescribed form and manner within one year after the implementation date. Application of Act to tax-paid bulk wine 311. (1) If bulk wine on which tax imposed under section 27 of the Excise Tax Act became payable before the implementation date is entered into the specified premises of a licensed user on that day, this Act applies in respect of the wine as though it were produced in Canada on that day by the user and the user were permitted to produce the wine. Refund of excise tax paid on bulk wine (2) If the tax imposed under section 27 of the Excise Tax Act in respect of the wine entered into the specified premises of a licensed user has been paid, the user may apply to the Minister for a refund of the tax. Limitation (3) No refund shall be paid under this section unless the application for the refund is filed with the Minister in the prescribed form and manner within one year after the implementation date. Definitions 312. (1) The definitions in this subsection apply in this section. ‘‘bonded manufacturer’’ « fabricant entrepositaire » ‘‘bonded manufacturer’’ means a person who holds, before the implementation date, a licence under subsection 182(1) of the Excise Act. ‘‘licensed pharmacist’’ « pharmacien titulaire de licence » ‘‘licensed pharmacist’’ means a person who holds, before the implementation date, a licence under subsection 136(2) of the Excise Act. 2001-2002 Application of Act to spirits in possession of bonded manufacturer or licensed pharmacist Accise ( (2) If, on the implementation date, a bonded manufacturer or a licensed pharmacist possesses, in accordance with their licence, spirits that were produced before that day, the following rules apply: (a) as of that day, the Excise Act ceases to apply in respect of the spirits; and (b) this Act applies in respect of them as though (i) in the case of bulk spirits, the spirits were produced in Canada on that day by the manufacturer or the pharmacist and, if they are a licensed user, they were permitted to produce the spirits, or (ii) in the case of packaged spirits, the spirits were produced and packaged in Canada on that day by the manufacturer or the pharmacist and they were permitted to produce and package the spirits. Refund of duty paid by bonded manufacturer or licensed pharmacist (3) If, on the implementation date, a bonded manufacturer or licensed pharmacist possesses spirits on which duty at a rate determined by the application of subsection 1(2) or (3) of Part I of the schedule to the Excise Act was paid, the manufacturer or pharmacist may apply to the Minister for a refund of the duty. Limitation (4) No refund shall be paid under this section unless the application for the refund is filed with the Minister in the prescribed form and manner within one year after the implementation date. Application of Act to spirits to be used for scientific purposes 313. If a person described by any of paragraphs 135(2)(a) to (d) of the Excise Act possesses, on the implementation date, spirits in respect of which a drawback under subsection 135(2) of that Act is granted at any time, the following rules apply: (a) as of that day, the Excise Act ceases to apply in respect of the spirits; (b) this Act applies in respect of them as though ��� C. 22 Excise, (i) in the case of bulk spirits, the spirits were produced in Canada on that day by the person and, if the person is a registered user, the person were permitted to produce the spirits, or (ii) in the case of packaged spirits, (A) the spirits were produced and packaged in Canada on that day by the person, (B) the person were permitted to produce and package the spirits, and (C) if the person is a registered user, the spirits were, on that day, entered into an excise warehouse and then removed from the warehouse in accordance with subparagraph 147(1)(a)(iii); and (c) if the spirits are contained in a special container and the person is a registered user (i) the person shall, despite subsection 78(1), mark the container on that day, and (ii) the container is deemed to have been entered into an excise warehouse and then removed from the warehouse in accordance with paragraph 147(2)(a) on that day. Application of Act to alcohol in bottle-yourown premises 314. The following rules apply to alcohol contained in a special container located on a person’s bottle-your-own premises on the implementation date: (a) the person shall, despite subsections 78(1) and 83(1), mark the container on that day; (b) in the case of spirits, this Act applies in respect of them as though the duty, at a rate determined by the application of section 1 of Part I of the schedule to the Excise Act, that had become payable before that day in respect of them were imposed and, if the duty is paid, paid under this Act; and (c) in the case of wine, (i) for the purposes of subsection 135(1), section 82 does not apply to the marking of the container under paragraph (a), and 2001-2002 Accise ( (ii) this Act applies in respect of the wine as though the tax under section 27 of the Excise Tax Act that had become payable before that day in respect of it were a duty that was imposed and, if the tax is paid, paid under this Act. Removal of alcohol from customs bonded warehouse 315. (1) If packaged alcohol is located in a customs bonded warehouse on the implementation date, (a) the alcohol shall be removed from the warehouse; and (b) any duty on the alcohol that is imposed under this Act or levied under section 21.2 of the Customs Tariff as a result of the operation of section 306 or 308 is payable on that day unless the alcohol is without delay entered into an excise warehouse. Exception (2) Subsection (1) does not apply if the alcohol in the customs bonded warehouse is to be (a) exported in accordance with this Act; or (b) delivered (i) to an accredited representative for their personal or official use, (ii) to a duty free shop for sale in accordance with the Customs Act, (iii) as ships’ stores in accordance with the Ships’ Stores Regulations, or (iv) to an air carrier that is licensed under section 69 or 73 of the Canada Transportation Act to operate an international air service. ��� Transitional treatment of Canadian manufactured tobacco products C. 22 Excise, 316. (1) The following rules apply to a tobacco product manufactured in Canada before the implementation date: (a) if tax on the product imposed under section 23 of the Excise Tax Act had not become payable before that day, (i) the tax is relieved, (ii) if duty on the product imposed under the Excise Act had not become payable before that day, the duty is relieved, and (iii) this Act applies in respect of the product as though it were manufactured in Canada on that day by the manufacturer to the same extent that the product was manufactured immediately before that day; (b) if the product was stamped or marked under the Excise Act, the product is deemed to be stamped or marked, as the case may be, under this Act; and (c) the Excise Act and Parts III, VI and VII of the Excise Tax Act cease to apply in respect of the product. Refund of duty paid (2) If duty imposed under the Excise Act on a tobacco product manufactured in Canada before the implementation date had become payable before that day but tax under section 23 of the Excise Tax Act had not become payable before that day, the manufacturer of the product may apply to the Minister for a refund of the duty. Limitation (3) No refund shall be paid under this section unless the application for the refund is filed with the Minister in the prescribed form and manner within one year after the implementation date. Transitional treatment of imported tobacco products 317. The following rules apply to an imported tobacco product: (a) if duty levied under section 21 of the Customs Tariff and tax imposed under section 23 of the Excise Tax Act on the product had not become payable before the implementation date, 2001-2002 Accise ( (i) the duty and tax are relieved, and (ii) this Act and the Customs Act apply in respect of the product as though it were imported into Canada on that day by the importer; (b) if the product was stamped or marked under the Excise Act, the product is deemed to be stamped or marked, as the case may be, under this Act; and (c) the Excise Act and Parts III, VI and VII of the Excise Tax Act cease to apply in respect of the product. Transitional treatment of imported raw leaf tobacco 318. If, on the implementation date, a person possesses raw leaf tobacco that was imported before that day, this Act applies as though the person imported the tobacco on that day. Removal of cigars from customs bonded warehouse 319. If cigars manufactured in Canada are located in a customs bonded warehouse on the implementation date, they shall be removed from the warehouse and entered into an excise warehouse on that day. Removal of tobacco products from bonding warehouse of manufacturer 320. (1) If a tobacco product manufactured in Canada is, on the implementation date, located in a bonding warehouse of a person who is licensed under subsection 196(1) of the Excise Act, the product shall be removed from the warehouse and entered into an excise warehouse on that day. Removal of tobacco products from bonding warehouse of authorized distributor (2) If a tobacco product manufactured in Canada is, on the implementation date, located in a bonding warehouse of a person who is licensed under paragraph 50(1)(c) of the Excise Act, the product shall, on that day, be removed from the warehouse and (a) entered into the person’s special excise warehouse, if the person is a special excise warehouse licensee and the product is one that the person is permitted under this Act to distribute; or (b) returned to the excise warehouse of the tobacco licensee who manufactured the product. ��� C. 22 Excise, Consequential and Related Amendments 2000, c. 14 Budget Implementation Act, 2000 321. (1) The definition ‘‘tobacco product’’ in subsection 23(1) of the Budget Implementation Act, 2000 is replaced by the following: ‘‘tobacco product’’ « produit du tabac » ‘‘tobacco product’’ has the meaning assigned by section 2 of the Excise Act, 2001 . (2) Paragraph (c) of the definition ‘‘alcoholic beverage’’ in subsection 23(1) of the Act is replaced by the following: (c) wine, within the meaning assigned by section 2 of the Excise Act, 2001 ; 1999, c. 17 Canada Customs and Revenue Agency Act 322. Paragraph (a) of the definition ‘‘program legislation’’ in section 2 of the Canada Customs and Revenue Agency Act is replaced by the following: (a) that the Governor in Council or Parliament authorizes the Minister, the Agency, the Commissioner or an employee of the Agency to administer or enforce, including the Customs Act, the Customs Tariff, the Excise Act, the Excise Act, 2001 , the Excise Tax Act, the Income Tax Act and the Special Import Measures Act; or 323. Section 7 of the Act is replaced the following: Designation of officers 7. The Minister may designate any person, or person within a class of persons, as an officer as defined in subsection 2(1) of the Customs Act, section 2 of the Excise Act or section 2 of the Excise Act, 2001 to exercise any powers or perform any duties and functions of an officer under those Acts that the Minister may specify. 2001-2002 Accise ( R.S., c. C-46 Criminal Code R.S., c. 1 (2nd Supp.), s. 213(2) (Sch. II, s. 3(1))(F), s. 213(4) (Sch. IV, s. 1)(E) 324. Paragraph (d) of the definition ‘‘peace officer’’ in section 2 of the Criminal Code is replaced by the following: (d) an officer or a person having the powers of a customs or excise officer when performing any duty in the administration of the Customs Act, the Excise Act or the Excise Act, 2001 , R.S., c. 1 (2nd Supp.), s. 213(3) (Sch. III, s. 1) 325. Subsection 78(2) of the Act is replaced by the following: Definition of ‘‘civil aircraft’’ (2) For the purposes of this section, ‘‘civil aircraft’’ means all aircraft other than aircraft operated by the Canadian Forces, a police force in Canada or persons engaged in the administration or enforcement of the Customs Act, the Excise Act or the Excise Act, 2001 . 1993, c. 25, par. 94(b) 326. The reference to ‘‘section 126.1 (possession of property obtained by excise offences), 126.2 (laundering proceeds of excise offences), 158 (unlawful distillation of spirits) or 163 (unlawful selling of spirits) or subsection 233(1) (unlawful packaging or stamping) or 240(1) (unlawful possession or sale of manufactured tobacco or cigars) of the Excise Act’’ in the definition ‘‘offence’’ in section 183 of the Act is replaced by a reference to ‘‘section 214 (unlawful production, sale, etc., of tobacco or alcohol), 216 (unlawful possession of tobacco product), 218 (unlawful possession, sale, etc., of alcohol), 219 (falsifying or destroying records), 230 (possession of property obtained by excise offences) or 231 (laundering proceeds of excise offences) of the Excise Act, 2001’’. 1999, c. 5, s. 52 327. Paragraph (b.1) of the definition ‘‘enterprise crime offence’’ in section 462.3 of the Act is replaced by the following: (b.1) an offence against section 214, 216, 218, 230 or 231 of the Excise Act, 2001 , ��� C. 22 Excise, section 153, 159, 163.1 or 163.2 of the Customs Act or subsection 52.1(9) of the Competition Act, or R.S., c. 1 (2nd Supp.) Customs Act 1993, c. 25, s. 68 328. (1) The definitions ‘‘cigar’’ and ‘‘manufactured tobacco’’ in subsection 2(1) of the Customs Act are repealed. 1993, c. 25, s. 68; 1997, c. 36, s. 147(1) (2) The definitions ‘‘duties’’ and ‘‘tobacco product’’ in subsection 2(1) of the Act are replaced by the following: ‘‘duties’’ « droits » ‘‘duties’’ means any duties or taxes levied or imposed on imported goods under the Customs Tariff, the Excise Act, 2001 , the Excise Tax Act, the Special Import Measures Act or any other Act of Parliament, but, for the purposes of subsection 3(1), paragraphs 59(3)(b) and 65(1)(b), sections 69 and 73 and subsections 74(1), 75(2) and 76(1), does not include taxes imposed under Part IX of the Excise Tax Act; ‘‘tobacco product’’ « produit du tabac » ‘‘tobacco product’’ has the same meaning as in section 2 of the Excise Act, 2001 ; 1995, c. 41, s. 1(2) (3) Paragraph (a) of the definition ‘‘designated goods’’ in subsection 2(1) of the Act is repealed. (4) The definition ‘‘designated goods’’ in subsection 2(1) of the Act is amended by adding the following after paragraph (i): (i.1) spirits , (5) Subsection 2(1) of the Act is amended by adding the following in alphabetical order: ‘‘raw leaf tobacco’’ « tabac en feuilles » ‘‘raw leaf tobacco’’ has the same meaning as in section 2 of the Excise Act, 2001; ‘‘specially denatured alcohol’’ « alcool spécialement dénaturé » ‘‘specially denatured alcohol’’ has the same meaning as in section 2 of the Excise Act, 2001; 2001-2002 Accise ( ‘‘spirits’’ « spiritueux » ‘‘spirits’’ has the same meaning as in section 2 of the Excise Act, 2001; ‘‘spirits licensee’’ « titulaire de licence de spiritueux » ‘‘spirits licensee’’ has the same meaning as in section 2 of the Excise Act, 2001; ‘‘tobacco licensee’’ « titulaire de licence de tabac » ‘‘tobacco licensee’’ has the same meaning as in section 2 of the Excise Act, 2001; ‘‘wine’’ « vin » ‘‘wine’’ has the same meaning as in section 2 of the Excise Act, 2001; ‘‘wine licensee’’ « titulaire de licence de vin » ‘‘wine licensee’’ has the same meaning as in section 2 of the Excise Act, 2001. 1995, c. 41, s. 1(3) (6) The definitions ‘‘alcohol’’, ‘‘ethyl alcohol’’ and ‘‘spirits’’ and ‘‘wine’’ in subsection 2(1.1) of the Act are repealed. 329. Subsection 3(1) of the Act is replaced by the following: Duties binding on Her Majesty 3. (1) All duties or taxes levied on imported goods under the Customs Tariff, the Excise Act, 2001 , the Excise Tax Act, the Special Import Measures Act or any other law relating to customs are binding on Her Majesty in right of Canada or a province in respect of any goods imported by or on behalf of Her Majesty. 2001, c. 16, s. 2(1) 330. Paragraph 24(1)(c) of the Act is replaced by the following: (c) as a duty free shop for the sale of goods free of certain duties or taxes levied on goods under the Customs Tariff, the Excise Act, the Excise Act, 2001 , the Excise Tax Act, the Special Import Measures Act or any other law relating to customs, to persons who are about to leave Canada 1993, c. 25, s. 71 331. Subsection 26(2) of the Act is replaced by the following: ��� C. 22 Excise, Definition (2) In subsection (1), ‘‘duties’’ means duties or taxes levied under the Customs Tariff, the Excise Act, the Excise Act, 2001 , the Excise Tax Act, the Special Import Measures Act or any other law relating to customs. 1995, c. 39, s. 168 332. (1) The portion of subsection 28(1) of the Act before paragraph (a) is replaced by the following: Liability of operator 28. (1) The operator of a sufferance warehouse, bonded warehouse or duty free shop is liable for all duties or taxes levied under the Customs Tariff, the Excise Act, the Excise Act, 2001, the Excise Tax Act, the Special Import Measures Act or any other law relating to customs on goods that have been received in the warehouse or duty free shop unless the operator proves that the goods 1993, c. 25, s. 72(1) (2) Subsections 28(1.1) and (1.2) of the Act are repealed. (3) The portion of subsection 28(2) of the Act before paragraph (a) is replaced by the following: Rates (2) The rates of duties or taxes payable on goods under subsection (1) shall 1993, c. 25, s. 72(2) (4) Subsection 28(3) of the Act is replaced by the following: Definition of ‘‘duties’’ not to apply (3) The definition ‘‘duties’’ in subsection 2(1) does not apply for the purposes of subsections (1) and (2). 1997, c. 36, s. 152 333. Subsection 32.2(8) of the Act is replaced by the following: Duties (8) If a declaration of tariff classification is rendered incorrect by a failure referred to in subsection (6), for the purposes of paragraph (2)(b), duties do not include duties or taxes levied under the Excise Act, 2001 , the Excise Tax Act or the Special Import Measures Act. 2001-2002 Accise ( 1992, c. 28, s. 6(1) 334. Section 33 of the Act is replaced by the following: Release prior to payment of duties 33. (1) In prescribed circumstances, goods may be released prior to the payment of duties levied on them . Payment of duties (2) If goods are released under this section, the person who accounted for the goods under subsection 32(2) or (3) shall pay the duties levied on them within the prescribed time. Meaning of duties (3) In subsection (2), ‘‘duties’’ does not include the duties levied under (a) subsection 21.1(1) of the Customs Tariff, if they are paid and collected in accordance with subsection 21.1(2) of that Act; or (b) subsections 21.2(1) and (2) of the Customs Tariff, if they are paid and collected in accordance with subsection 21.2(3) of that Act. 335. Section 44 of the Act is replaced by the following: Ad valorem rates of duty 44. If duties, other than duties or taxes levied under the Excise Act, 2001 or the Excise Tax Act, are imposed on goods at a percentage rate, such duties shall be calculated by applying the rate to a value determined in accordance with sections 45 to 55. 336. Clause 48(5)(b)(ii)(B) of the Act is replaced by the following: (B) any duties and taxes paid or payable by reason of the importation of the goods or sale of the goods in Canada, including, without limiting the generality of the foregoing, any duties or taxes levied on the goods under the Customs Tariff, the Excise Act, 2001 , the Excise Tax Act, the Special Import Measures Act or any other law relating to customs; and 1997, c. 36, s. 175(3) 337. Subsection 74(1.2) of the Act is replaced by the following: ��� Duties C. 22 Excise, (1.2) The duties that may be refunded under paragraph (1)(f) do not include duties or taxes levied under the Excise Act, 2001 , the Excise Tax Act or the Special Import Measures Act. 338. Section 117 of the Act is renumbered as subsection 117(1) and is amended by adding the following: No return of certain goods (2) Despite subsection (1), if spirits, wine, specially denatured alcohol, raw leaf tobacco or tobacco products are seized under this Act, they shall not be returned to the person from whom they were seized or any other person unless they were seized in error. 339. Section 119.1 of the Act is amended by adding the following after subsection (1): Restriction (1.1) Subject to the regulations, the sale under subsection (1) of (a) spirits or specially denatured alcohol may only be to a spirits licensee; (b) wine may only be to a wine licensee; and (c) raw leaf tobacco or a tobacco product may only be to a tobacco licensee. 340. The portion of subsection 142(1) of the Act before paragraph (a) is replaced by the following: Disposal of things abandoned or forfeit 142. (1) Unless the thing is spirits, specially denatured alcohol, wine, raw leaf tobacco or a tobacco product, anything that has been abandoned to Her Majesty in right of Canada under this Act and anything the forfeiture of which is final under this Act shall 341. The Act is amended by adding the following after section 142: Dealing with abandoned or forfeited alcohol, etc. 142.1 (1) If spirits, specially denatured alcohol, wine, raw leaf tobacco or a tobacco product is abandoned or finally forfeited under this Act, the Minister may sell, destroy or otherwise deal with it. 2001-2002 Restriction Accise ( (2) Subject to the regulations, the sale under subsection (1) of (a) spirits or specially denatured alcohol may only be to a spirits licensee; (b) wine may only be to a wine licensee; and (c) raw leaf tobacco or a tobacco product may only be to a tobacco licensee. 1993, c. 25, s. 89 342. Paragraph 163.1(1)(a) of the Act is replaced by the following: (a) the commission of an offence contrary to section 153 or under section 159, in relation to spirits, wine or tobacco products, or under section 163.2; or 1993, c. 25, s. 89 343. Paragraph 163.2(1)(a) of the Act is replaced by the following: (a) the commission of an offence contrary to section 153 or under section 159, in relation to spirits, wine or tobacco products; or 1993, c. 25, s. 89 344. Subsection 163.3(1) of the Act is replaced by the following: Part XII.2 of Criminal Code applicable 163.3 (1) Sections 462.3 and 462.32 to 462.5 of the Criminal Code apply, with any modifications that the circumstances require, in respect of proceedings for an offence contrary to section 153 or under section 159, in relation to spirits, wine or tobacco products, or under section 163.1 or 163.2. R.S., c. C-53 Customs and Excise Offshore Application Act R.S., c. 1 (2nd Supp.), s. 213(3) (Sch. III, s. 2) 345. The portion of the definition ‘‘federal customs laws’’ in subsection 2(1) of the Customs and Excise Offshore Application Act after paragraph (c) is replaced by the following: that relate to customs or excise, whether those Acts, regulations or rules come into force before or after June 30, 1983 and, for greater certainty but without restricting the generality of the foregoing, includes the following Acts, namely, the Customs Act, the Customs Tariff, the Excise Act, the Excise Act, 2001, the Excise Tax Act, the Export and Import Permits Act, the Importation of Intoxicating Liquors Act and the Special Import Measures Act ; ��� C. 22 Excise, 1997, c. 36 Customs Tariff 2001, c. 16, s. 3(1) 346. Section 21 of the Customs Tariff is replaced by the following: Definitions 21. The definitions in this section apply in sections 21.1 to 21.3. ‘‘beer’’ or ‘‘malt liquor’’ « bière » ou « liqueur de malt » ‘‘beer’’ or ‘‘malt liquor’’ means beer or malt liquor, within the meaning of section 4 of the Excise Act, of tariff item No. 2202.90.10, heading No. 22.03 or tariff item No. 2206.00.80 or 2206.00.91, that is classified under that heading or tariff item or with the container in which it is imported. ‘‘bulk’’ « en vrac » ‘‘bulk’’ has the same meaning as in section 2 of the Excise Act, 2001. ‘‘excise warehouse’’ « entrepôt d’accise » ‘‘excise warehouse’’ has the same meaning as in section 2 of the Excise Act, 2001. ‘‘excise warehouse licensee’’ « exploitant agréé d’entrepôt d’accise » ‘‘excise warehouse licensee’’ has the same meaning as in section 2 of the Excise Act, 2001. ‘‘licensed user’’ « utilisateur agréé » ‘‘licensed user’’ has the same meaning as in section 2 of the Excise Act, 2001. ‘‘packaged’’ « emballé » ‘‘packaged’’ has the same meaning as in section 2 of the Excise Act, 2001. ‘‘specified premises’’ « local déterminé » ‘‘specified premises’’ has the same meaning as in section 2 of the Excise Act, 2001. ‘‘spirits’’ « spiritueux » ‘‘spirits’’ means spirits, as defined in section 2 of the Excise Act, 2001, (a) of an alcoholic strength by volume exceeding 22.9%, of tariff item No. 2204.10.90, 2204.21.32, 2204.21.49, 2204.29.32, 2204.29.49, 2204.30.90, 2205.10.30, 2205.90.30, 2206.00.19, 2206.00.22, 2206.00.39, 2206.00.49, 2206.00.72 or 2206.00.93, that are classified under that tariff item or with the container in which they are imported; or 2001-2002 Accise ( (b) of heading No. 22.07 or 22.08, other than of tariff item No. 2207.20.11, 2207.20.12, 2207.20.90 or 2208.90.30, that are classified under that heading or with the container in which they are imported. ‘‘wine’’ « vin » ‘‘wine’’ means wine, as defined in section 2 of the Excise Act, 2001, of heading No. 22.04, 22.05 or 22.06, other than of tariff item No. 2204.10.90, 2204.21.32, 2204.21.49, 2204.29.32, 2204.29.49, 2204.30.90, 2205.10.30, 2205.90.30, 2206.00.19, 2206.00.22, 2206.00.39, 2206.00.49, 2206.00.72, 2206.00.80, 2206.00.91 or 2206.00.93, that is classified under that heading or with the container in which it is imported. Additional duty on bulk spirits 21.1 (1) In addition to any other duties imposed under this Act or any other Act of Parliament relating to customs, there is levied on bulk spirits, at the time they are imported, an additional duty equal to the duty that would be imposed on the spirits under section 122 of the Excise Act, 2001 if the spirits had been produced in Canada. Duty payable under Excise Act, 2001 (2) The duty levied on bulk spirits shall be paid and collected under the Excise Act, 2001, and interest and penalties shall be imposed, calculated, paid and collected under that Act, as if the duty were duty imposed on the spirits under that Act, and, for those purposes, that Act applies with any modifications that the circumstances require. Limitation (3) Despite subsection (2) and the Excise Act, 2001, the person who is liable for duty imposed under subsection (1) in respect of bulk spirits that have not been released under the Customs Act is the person who is liable to pay duties under the Customs Act. Additional duty on packaged spirits 21.2 (1) In addition to any other duties imposed under this Act or any other Act of Parliament relating to customs, there is levied on packaged spirits, at the time they are imported, and paid in accordance with the Customs Act, an additional duty equal to the ��� C. 22 Excise, duty that would be imposed on them under section 122 or 123 of the Excise Act, 2001 if they had been produced and packaged in Canada. Additional duty on packaged wine (2) In addition to any other duties imposed under this Act or any other Act of Parliament relating to customs, there is levied on packaged wine, at the time it is imported, and paid in accordance with the Customs Act, an additional duty equal to the duty that would be imposed on it under section 135 of the Excise Act, 2001 if it had been packaged in Canada. Goods entered into warehouse or premises (3) If, immediately after being released under the Customs Act, packaged spirits or wine is entered into the excise warehouse of the excise warehouse licensee or the specified premises of the licensed user who imported the spirits or wine, the duty levied on the spirits or wine under subsection (1) or (2) shall be paid and collected under the Excise Act, 2001. Interest and penalties shall be imposed, calculated, paid and collected under the Excise Act, 2001 as if the duty were imposed under that Act, and, for those purposes, that Act applies with any modifications that the circumstances require. Additional duty on beer 21.3 In addition to any other duties imposed under this Act or any other Act of Parliament relating to customs, there is levied on beer or malt liquor, at the time it is imported, and paid in accordance with the Customs Act, an additional duty equal to the duty that would be levied on it under section 170 of the Excise Act if it had been manufactured or produced in Canada. 347. The definition ‘‘duties’’ in section 80 of the Act is replaced by the following: ‘‘duties’’ « droits » ‘‘duties’’, other than for the purposes of section 106, means duties or taxes levied or imposed on imported goods under Part 2, the Excise Act, 2001 , the Excise Tax Act, the Special Import Measures Act or any other Act of Parliament relating to customs, but for the purposes of sections 89 and 113 does not include the goods and services tax. 2001-2002 2001, c. 16, s. 4(1) Accise ( 348. Paragraph 83(a) of the Act is replaced by the following: (a) in the case of goods that would have been classified under tariff item No. 9804.10.00 or 9804.20.00, the value for duty of the goods shall be reduced by an amount equal to that maximum specified value and, in the case of alcoholic beverages and tobacco, the quantity of those goods shall, for the purposes of assessing duties other than a duty under section 54 of the Excise Act, 2001 , be reduced by the quantity of alcoholic beverages and tobacco up to the maximum quantities specified in tariff item No. 9804.10.00 or 9804.20.00, as the case may be; 349. Subsection 89(2) of the Act is replaced by the following: Exception for tobacco products or designated goods (2) Relief of the duties or taxes levied or imposed under sections 21.1 to 21.3 , the Excise Act, 2001 or the Excise Tax Act may not be granted under subsection (1) on tobacco products or designated goods. 2001, c. 16, s. 5(1) 350. Subsection 92(3) of the Act is replaced by the following: Non-application to Canadian manufactured tobacco (3) This section does not apply to any duty imposed under the Excise Act, 2001 in respect of manufactured tobacco that is manufactured in Canada. 351. Section 94 of the Act is replaced by the following: Definition of ‘‘customs duties’’ 94. (1) In sections 95 and 96, ‘‘customs duties’’ means customs duties imposed under Part 2, other than (a) additional customs duties levied under sections 21.1 to 21.3 ; (b) surtaxes imposed under section 53, 55, 60, 63, 68 or 78; or (c) temporary duties imposed under any of sections 69 to 76. ��� For greater certainty C. 22 Excise, (2) For greater certainty, in sections 95 and 96, ‘‘customs duties’’ does not include any duties or taxes levied or imposed on imported goods under the Excise Act, 2001 , the Excise Tax Act or the Special Import Measures Act. 352. Subparagraph 99(a)(iii) of the Act is replaced by the following: (iii) the circumstances in which, and the classes of goods in respect of which, relief of duties levied under sections 21.1 to 21.3 or under the Special Import Measures Act, a surtax imposed under section 53, 55, 60, 63, 68 or 78, a temporary duty imposed under any of sections 69 to 76, a tax levied under the Excise Tax Act or a duty imposed under the Excise Act, 2001 may not be granted, 353. Subsection 106(1) of the Act is replaced by the following: Temporary relief of certain duties and taxes 106. (1) If an application for relief is made in the prescribed circumstances by a person of a prescribed class and in the prescribed form and manner, accompanied by prescribed documents and by security of a prescribed nature in an amount fixed by the Minister of National Revenue, relief shall be granted from the payment of the whole or the prescribed portion, as the case may be, of any duty imposed under sections 21.1 to 21.3 or the Excise Act, 2001 or of any excise taxes that, but for this section, would be payable in respect of prescribed goods that are imported and subsequently exported after being used in Canada only for a prescribed purpose. 354. (1) Subsection 113(2) of the Act is replaced by the following: No refund or drawback in respect of tobacco products (2) No refund or drawback of the duties imposed on tobacco products under the Excise Act, 2001 shall be granted under subsection (1), except if a refund of the whole or the portion of the duties is required to be granted under Division 3. 2001-2002 Accise ( (2) Paragraph 113(4)(a) of the Act is replaced by the following: (a) the circumstances in which, and the classes of goods in respect of which, a refund or drawback of duties levied under sections 21.1 to 21.3 or the Special Import Measures Act, a surtax levied under section 53, 55, 60, 63, 68 or 78, a temporary duty levied under any of sections 69 to 76, a tax levied under the Excise Tax Act or a duty levied under the Excise Act, 2001 may not be granted under subsection (1); (3) Subsection 113(5) of the Act is replaced by the following: Designated goods (5) Despite the exception in subsection 89(2), a refund or drawback of duties or taxes levied or imposed under sections 21.1 to 21.3 , the Excise Act, 2001 or the Excise Tax Act shall be granted under paragraph (1)(a) on designated goods. 355. Tariff item Nos. 2204.10.00, 2204.21.40, 2204.29.40, 2204.30.00, 2206.00.30, 2206.00.40, 2206.00.91, 2206.00.92 and 2208.90.91 in the List of Tariff Provisions set out in the schedule to the Act are repealed. 356. The Description of Goods of tariff item No. 2206.00.11 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing the reference to ‘‘Sparkling’’ with a reference to ‘‘Sparkling, of an alcoholic strength by volume not exceeding 22.9% vol’’. 357. The Description of Goods of tariff item No. 2207.20.11 in the List of Tariff Provisions set out in the schedule to the Act is replaced by the following: - - - -Specially denatured alcohol, within the meaning of the Excise Act, 2001 358. The Description of Goods of tariff item No. 2208.90.98 in the List of Tariff Provisions set out in the schedule to the Act is replaced by the following: ��� C. 22 Excise, - - - -Other, packaged , of an alcoholic strength by volume not exceeding 7% 359. The Description of Goods of tariff item No. 2208.90.99 in the List of Tariff Provisions set out in the schedule to the Act is replaced by the following: - - - -Other 360. Note 4 to Chapter 98 of the List of Tariff Provisions set out in the schedule to the Act is replaced by the following: 4. For the purpose of this Chapter, ‘‘duties’’ means duties or taxes levied or imposed on imported goods under Part 2 of this Act, the Excise Act, 2001 (other than section 54) , the Excise Tax Act, the Special Import Measures Act or any other Act of Parliament relating to customs. 361. The Description of Goods of heading No. 98.26 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing the reference to ‘‘sections 21 and 22 of this Act’’ with a reference to ‘‘sections 21.1 to 22 of this Act’’. 362. The List of Tariff Provisions set out in the schedule to the Act is amended by adding, in numerical order, the tariff provisions set out in Schedule 7 to this Act. R.S., c. E-14 Excise Act 363. The Excise Act is amended by adding the following after section 1: APPLICATION Non-application of Act 1.1 (1) Despite anything in this Act, on the coming into force of Parts 3 and 4 of the Excise Act, 2001, this Act ceases to apply in respect of (a) the manufacture of any goods or substance other than beer, malt liquor and any product manufactured in accordance with subsection 169(2); and (b) the handling of, or the dealing with, anything that is or relates to any goods or substance other than beer, malt liquor and any product manufactured in accordance 2001-2002 Accise ( with subsection 169(2), to the extent that the Excise Act, 2001 applies to that handling or dealing. Meaning of ‘‘beer’’ and ‘‘malt liquor’’ (2) In subsection (1), ‘‘beer’’ and ‘‘malt liquor’’ have the meaning assigned by section 4. 364. The definition ‘‘beer’’ or ‘‘malt liquor’’ in section 4 of the Act is replaced by the following: ‘‘beer’’ or ‘‘malt liquor’’ « bière » ou « liqueur de malt » ‘‘beer’’ or ‘‘malt liquor’’ means all fermented liquor brewed in whole or in part from malt, grain or any saccharine matter without any process of distillation, but does not include wine as defined in section 2 of the Excise Act, 2001 ; 365. Section 176 of the Act is amended by adding the following after subsection (2): Exception (3) Subsection (1) does not apply to a person who is licensed as a spirits licensee under section 14 of the Excise Act, 2001 and who produces beer solely for the purpose of distilling the beer. R.S., c. E-15 Excise Tax Act 1993, c. 25, s. 54; 1994, c. 29, s. 1(1) 366. The definitions ‘‘accredited representative’’, ‘‘cigar’’, ‘‘cigarette’’, ‘‘manufactured tobacco’’ and ‘‘tobacco stick’’ in subsection 2(1) of the Excise Tax Act are repealed. 2001, c. 16, s. 17(1) 367. (1) Subsection 23(1) of the Act is replaced by the following: Tax on various articles at schedule rates 23. (1) Subject to subsections (6) to (8) , whenever goods mentioned in Schedule I are imported or are manufactured or produced in Canada and delivered to a purchaser of those goods, there shall be imposed, levied and collected, in addition to any other duty or tax that may be payable under this or any other law, an excise tax in respect of the goods at the applicable rate set out in the applicable section of that Schedule , computed, if that rate is specified as a percentage, on the duty paid value or the sale price, as the case may be. ��� C. 22 Excise, R.S., c. 15 (1st Supp.), s. 12(1) (2) Subsection 23(3.1) of the Act is replaced by the following: Deemed sale (3.1) For the purposes of this Part, a person who, under a contract for labour, manufactures or produces goods mentioned in Schedule I from any article or material supplied by another person, other than a manufacturer licensed for the purposes of this Part, for delivery to that other person is deemed to have sold the goods, at a sale price equal to the charge made under the contract in respect of the goods, at the time they are delivered to that other person. 2001, c. 16, s. 17(2) (3) Subsection 23(5) of the Act is repealed. 2001, c. 15, s. 2(1) (4) Subsection 23(7) of the Act is replaced by the following: When tax not payable (7) The tax imposed under subsection (1) is not payable in the case of (a) goods that are purchased or imported by a manufacturer licensed for the purposes of this Part and that are to be incorporated into and form a constituent or component part of an article or product that is subject to excise tax under this Act, if the tax on the article or product has not yet been levied under this section; or (b) the sale of a new motor vehicle designed for highway use, or a chassis for such a vehicle, to a person described in paragraph (h) of the definition ‘‘manufacturer or producer’’ in subsection 2(1) who is a manufacturer licensed for the purposes of this Part. 1990, c. 45, s. 5(1) (5) The portion of subsection 23(8) of the Act before paragraph (a) is replaced by the following: Tax not payable (8) The tax imposed under subsection (1) is not payable in the case of 2001-2002 Accise ( 1993, c. 25, s. 55(3); 1995, c. 41, s. 113; 2001, c. 16, s. 17(4) (6) Subsections 23(8.1) to (8.3) of the Act are repealed. 1993, c. 25, s. 55(4) (7) Subsections 23(9.2) and (9.3) of the Act are repealed. (8) The portion of subsection 23(10) of the Act before paragraph (a) is replaced by the following: (10) If goods of any class mentioned in Schedule I that were manufactured or produced in Canada are appropriated by the manufacturer or producer for their own use, for the purposes of this Part, R.S., c. 12 (4th Supp.), s. 12(3) Appropriation by manufacturer or producer 1993, c. 25, s. 56; 1994, c. 29, s. 5(1); 1997, c. 26, s. 59(1); 2001, c. 16, ss. 18(1), 21(1) Security that true returns rendered R.S., c. 1 (2nd Supp.), s. 189, c. 7 (2nd Supp.), s. 11(1); 1990, c. 45, s. 7(1); 1991, c. 42, s. 1; 1993, c. 25, s. 57; 2000, c. 30, s. 9(F) R.S., c. 12 (4th Supp.), s. 14(1) 368. Sections 23.1 to 23.3 of the Act are repealed. 369. Section 24 of the Act is replaced by the following: 24. For the purposes of this Part, the Minister may require every manufacturer or producer to give security that they will render true returns of their sales as required by section 78 or by any regulations made under it and pay any tax imposed by this Act on the sales. The security shall be in an amount of not more than two hundred and fifty thousand dollars and not less than one thousand dollars and shall be by bond of a guarantee company authorized to do business in Canada, acceptable to the Government of Canada, or by deposit of Government of Canada bonds. 370. Parts IV and V of the Act are repealed. 371. Subparagraph 48(4)(a)(ii) of the Act is replaced by the following: (ii) for the purposes of Part III, goods described in paragraph 23(7)(a ); and 372. Subsection 50(9) of the Act is repealed. ��� C. 22 Excise, 1990, c. 45, s. 8(1) 373. Subsection 56(3) of the Act is replaced by the following: Tax on cancellation (3) On the cancellation under subsection (1) of the licence granted to any licensed wholesaler, or if the licence is cancelled at the request of the licensee, or if any such licence expires and is not renewed by the licensee, all taxes imposed by this Act are forthwith payable on all goods then in the possession of the licensee that have been purchased free of tax by virtue of the licence, which taxes shall be paid at the rate in force when the licence is cancelled or expires and is not renewed and shall be computed in accordance with paragraph 50(1)(c) and Part III. R.S., c. 12 (4th Supp.), s. 22(1) 374. Subsection 64(1) of the Act is replaced by the following: Application for licence 64. (1) Every person who is required under Part III to pay taxes shall, from time to time as required under the regulations, apply for a licence in respect of that Part. 1993, c. 25, s. 59; 2000, c. 30, s. 11(1) 375. Sections 66 and 66.1 of the Act are replaced by the following: Exemption on exported goods 66. The tax imposed under this Act is not payable if evidence satisfactory to the Minister is produced to establish (a) that the goods in respect of which it is imposed have been exported from Canada by the manufacturer, producer or licensed wholesaler by whom the tax would otherwise be payable in accordance with any regulations made under this Act that are applicable to the goods ; or (b) that the goods in respect of which it is imposed have been sold by the operator of a duty free shop and have been exported from Canada by the purchaser of the goods, in accordance with the regulations made under the Customs Act. 376. The portion of section 67 of the Act before paragraph (a) is replaced by the following: Taxes on goods imported by Crown 67. The tax imposed under Part III is applicable 2001-2002 Accise ( 2000, c. 30, s. 12(1) 377. Subsection 68.1(1) of the Act is renumbered as section 68.1 and subsection 68.1(2) of the Act is repealed. 1993, c. 25, s. 61; 2001, c. 16, s. 28(1) 378. Sections 68.17 to 68.172 of the Act are replaced by the following: Payment where use as ships’ stores 68.17 If tax under Part III has been paid in respect of any goods and a manufacturer, producer, wholesaler, jobber or other dealer has sold the goods for use as ships’ stores, an amount equal to the amount of that tax shall, subject to this Part, be paid to that dealer if that dealer applies for it within two years after that sale of the goods. R.S., c. 7 (2nd Supp.), s. 34(1); 2001, c. 16, s. 29(1) 379. Subsections 68.18(1) to (3.1) of the Act are replaced by the following: Payment where goods in inventory 68.18 (1) If tax under Part III has been paid in respect of any goods and a person holds the goods in an unused condition in inventory on the day a licence is granted to that person under section 54 or 64 and could thereafter have obtained the goods exempt from tax under subsection 23(7), an amount equal to the amount of that tax shall, subject to this Part, be paid to that person if that person applies for it within two years after the licence was granted. Payment where goods in inventory (2) If tax under Part III has been paid in respect of any goods and a person holds the goods in an unused condition in inventory on the day a licence is granted to that person under section 55 and could thereafter have obtained the goods exempt from tax under subsection 23(6), (7) or (8), an amount equal to the lesser of the amount of that tax and the amount of tax under Part III that would be payable if the goods were acquired in a taxable transaction by that person on that day shall, subject to this Part, be paid to that person if that person applies for it within two years after the licence was granted. ��� C. 22 Excise, Exception (3) No amount equal to the amount of tax under Part III shall be paid under subsection (2) to a person in respect of any goods that are not subject to tax under that Part on the day a licence is granted to that person under section 55. 1991, c. 42, s. 3 380. The portion of subsection 68.19(1) of the Act before paragraph (a) is replaced by the following: Payment where use by province 68.19 (1) If tax under Part III has been paid in respect of any goods and Her Majesty in right of a province has purchased or imported the goods for any purpose other than 1993, c. 25, s. 62(1) 381. (1) The portion of subsection 70(1) of the Act before paragraph (a) is replaced by the following: Drawback on certain goods 70. (1) On application, the Minister may, under regulations of the Governor in Council, grant a drawback of the tax imposed under Part III and paid on or in respect of 1995, c. 41, s. 114 (2) Subsection 70(2.1) of the Act is replaced by the following: Drawback on imported goods (2.1) On application, the Minister may, under section 100 of the Customs Tariff, grant a drawback of the tax imposed under Part III and paid on or in respect of goods imported into Canada. 1993, c. 25, s. 62(2) (3) Subsection 70(5) of the Act is repealed. 2001, c. 16, s. 32(1) 382. (1) Subsections 78(1) and (2) of the Act are replaced by the following: Monthly returns 78. (1) Every person who is required to pay tax under Part III shall make each month a return in the prescribed form containing prescribed information of all amounts that became payable by the person on account of that tax in the preceding month. Nil returns (2) Every person who holds a licence granted under or in respect of Part III and whose tax payable under that Part in the preceding month is nil shall make a return as required under subsection (1) reporting that fact. 2001-2002 R.S., c. 12 (4th Supp.), s. 31(1); 2001, c. 16, s. 32(2) Accise ( (2) Paragraphs 78(3)(b) and (c) of the Act are replaced by the following: (b) authorize any person to make a return in respect of any period longer than one month but not longer than six months, if the tax payable by that person under Part III for the last preceding calendar year did not exceed four thousand eight hundred dollars; or (c) authorize any person whose activities that give rise to tax payable by the person under Part III are predominantly limited to a seasonal period of operation to make a return in respect of any period longer than one month but not longer than six months, if the tax payable by that person under that Part for the equivalent period in the last preceding calendar year did not exceed an average of four hundred dollars per month throughout that equivalent period. R.S., c. 12 (4th Supp.), s. 32(1) 383. Subsection 79(1.1) of the Act is replaced by the following: Minimum penalty and interest (1.1) No penalty or interest is payable under subsection (1) if the person liable to pay the tax pays all amounts of tax payable by them under Part III and, at the time of the payment, the total penalty and interest payable in respect of those amounts of tax is less than ten dollars. R.S., c. 12 (4th Supp.), s. 33(1) 384. (1) Clause 79.1(1)(a)(i)(A) of the Act is replaced by the following: (A) the tax payable under Part III, other than tax payable in accordance with the Customs Act, by that person in that month, and R.S., c. 12 (4th Supp.), s. 33(1) (2) Clause 79.1(1)(a)(ii)(A) of the Act is replaced by the following: (A) the tax payable under Part III, other than tax payable in accordance with the Customs Act, by that person in that accounting period, and R.S., c. 12 (4th Supp.), s. 33(1) (3) Clause 79.1(1)(a)(iii)(A) of the Act is replaced by the following: (A) the tax payable under Part III, other than tax payable in accordance ��� C. 22 Excise, with the Customs Act, by that person in that period, and R.S., c. 12 (4th Supp.), s. 33(1); 1999, c. 31, par. 247(b)(F) (4) Subparagraphs 79.1(1)(b)(i) and (ii) of the Act are replaced by the following: (i) the aggregate amount of tax payable under Part III, other than tax payable in accordance with the Customs Act, by that person in the last preceding calendar year ending at least ninety days, or ninety-one days if that time falls in a leap year, before that time exceeded twelve million dollars, or (ii) the person (A) was, at any time in the last preceding calendar year ending at least ninety days, or ninety-one days if that time falls in a leap year, before that time, a member of a group of associated corporations (within the meaning of section 256 of the Income Tax Act) and the aggregate amount of tax payable under Part III, other than tax payable in accordance with the Customs Act, by the group in that year exceeded twelve million dollars, and (B) is not, at that time, authorized to make a return in accordance with a regulation made under paragraph 78(3)(b) or (c). R.S., c. 12 (4th Supp.), s. 33(1) (5) Subsection 79.1(6) of the Act is re- 3 placed by the following: Minimum penalty and interest (6) No penalty or interest is payable under subsection (4) or (5) if the large taxpayer or other person liable to pay the instalment pays all amounts of tax payable by the taxpayer or other person under Part III and, at the time of the payment, the total penalty and interest payable in respect of the instalment is less than five dollars and in respect of those amounts of tax is less than ten dollars. 1990, c. 45, s. 11(1) 385. Subsection 80(1) of the Act is replaced by the following: 2001-2002 Accise ( Report by licence holders 80. (1) Every person holding a licence in respect of Part III shall submit to the Minister each year, within six months after the end of that person’s fiscal year, a report in the prescribed form containing details of that person’s sales, taxes paid under this Act and deductions under subsection 69(2) in the fiscal year and any other prescribed information. 2001, c. 16, s. 39(1) 386. Subsection 100(5) of the Act is repealed. 1990, c. 45, s. 12(1) 387. The definition ‘‘excisable goods’’ in subsection 123(1) of the Act is replaced by the following: ‘‘excisable goods’’ « produit soumis à l’accise » ‘‘excisable goods’’ means beer or malt liquor (within the meaning assigned by section 4 of the Excise Act) and spirits, wine and tobacco products (within the meaning assigned by section 2 of the Excise Act, 2001); 1996, c. 23, s. 170 388. Subparagraph 238.1(2)(c)(iii) of the Act is replaced by the following: (iii) all amounts required under this Act (other than this Part), the Customs Act, the Customs Tariff, the Excise Act, the Excise Act, 2001 , the Income Tax Act, sections 21 and 33 of the Canada Pension Plan and section 82 and Part VII of the Employment Insurance Act to be remitted or paid before that time by the registrant have been remitted or paid, and 1993, c. 27, s. 107(1); 1997, c. 10, s. 58(1) 1994, c. 29, s. 14(1); 1997, c. 26, s. 74(1); 2001, c. 16, ss. 40(1), (2), 41(1) 1990, c. 45, s. 18 389. Paragraph 252(1)(b) of the Act is repealed. 390. Schedule II to the Act is repealed. 391. Section 3 of Part V of Schedule VI to the Act is replaced by the following: ��� C. 22 Excise, 3. A supply of an excisable good if the recipient exports the good without the payment of duty in accordance with the Excise Act or the Excise Act, 2001. 2001, c. 16, s. 42(1) 392. Section 1.1 of Schedule VII to the Act is replaced by the following: 1.1 For the purposes of section 1, ‘‘duty’’ does not include a special duty imposed under section 54 of the Excise Act, 2001 . R.S., c. E-18 Export Act R.S., c. 1 (2nd Supp.), s. 213(3) (Sch. III, s. 5) 393. Paragraph 6(1)(a) of the Export Act is replaced by the following: (a) no intoxicating liquor held in accordance with the Customs Act, the Excise Act or the Excise Act, 2001 shall be released or removed from any warehouse or other building or place in which the liquor is stored in any case in which the liquor proposed to be removed is destined for delivery in any country into which the importation of the liquor is prohibited by law; R.S., c. I-3 Importation of Intoxicating Liquors Act 394. Section 2 of the Importation of Intoxicating Liquors Act is amended by adding the following in alphabetical order: ‘‘beer’’ « bière » ‘‘beer’’ has the same meaning as in section 4 of the Excise Act; ‘‘bulk’’ « en vrac » ‘‘bulk’’ has the same meaning as in section 2 of the Excise Act, 2001; ‘‘denature’’ « dénaturation » ‘‘denature’’ has the same meaning as in section 2 of the Excise Act, 2001; ‘‘excise warehouse’’ « entrepôt d’accise » ‘‘excise warehouse’’ has the same meaning as in section 2 of the Excise Act, 2001; ‘‘licensed distiller’’ « distillateur agréé » ‘‘licensed distiller’’ means a person who holds a spirits licence under section 14 of the Excise Act, 2001; ‘‘packaged’’ « emballé » ‘‘packaged’’ has the same meaning as in section 2 of the Excise Act, 2001; ‘‘spirits’’ « spiritueux » ‘‘spirits’’ has the same meaning as in section 2 of the Excise Act, 2001; 2001-2002 Accise ( ‘‘wine’’ « vin » ‘‘wine’’ has the same meaning as in section 2 of the Excise Act, 2001. 1993, c. 44, s. 160(1) 395. (1) Subsection 3(1.1) of the Act is replaced by the following: Suspension of paragraph (2)(e) (1.1) The operation of paragraph (2)(e) is suspended during the period in which paragraph (2)(c) is in force. 1997, c. 36, s. 211; 1999, c. 17, s. 163 (2) Paragraphs 3(2)(a) to (c) of the Act are replaced by the following: (a) the carriage or transportation of intoxicating liquor into and through a province by the producer of the liquor or by a common carrier, if, during the time that the intoxicating liquor is being so carried or transported, its container is not opened or broken or any of the liquor drunk or used; (b) the importation of intoxicating liquor into a province by any person who is a licensed distiller or who is duly licensed by the Government of Canada to carry on the business or trade of a brewer if the liquor (i) is imported solely for the purpose of being used for blending with or flavouring the products of the business or trade of a distiller or brewer carried on by the person in the province, and (ii) is kept while in the province (A) in the case of spirits or wine, in accordance with the Excise Act, 2001 and the laws of the province, and (B) in the case of beer, by the person in a place or warehouse that conforms in all respects to the requirements of the law governing those places or warehouses; (c) the importation of bulk spirits into a province from a NAFTA country by a licensed distiller for the purpose of being packaged by the distiller, if the spirits (i) are entitled to the United States Tariff, the Mexico Tariff or the Mexico- -United States Tariff in the List of Tariff Provisions set out in the schedule to the Customs Tariff, and (ii) are kept while in the province in accordance with the Excise Act, 2001 and the laws of the province; ��� C. 22 Excise, (d) the importation of bulk spirits into a province from Chile by a licensed distiller for the purpose of being packaged by the distiller, if the spirits (i) are entitled to the benefit of the Chile Tariff in the List of Tariff Provisions set out in the schedule to the Customs Tariff, and (ii) are kept while in the province in accordance with the Excise Act, 2001 and the laws of the province; (e) the importation of bulk spirits into a province from the United States by a licensed distiller for the purpose of being packaged by the distiller, if the spirits (i) are entitled to the United States Tariff in the List of Tariff Provisions set out in the schedule to the Customs Tariff, and (ii) are kept while in the province in accordance with the Excise Act, 2001 and the laws of the province; or (f) the transfer by a licensed distiller of any spirits produced or packaged in accordance with the Excise Act, 2001 that is permitted by any Act or regulation or by special permit of the Canada Customs and Revenue Agency, if the spirits (i) in the case of packaged spirits, are kept in an excise warehouse of a licensed distiller and in accordance with the laws of the province in which they are kept, and (ii) in the case of bulk spirits, are kept in accordance with the Excise Act, 2001 and the laws of the province in which they are kept. 1997, c. 14, s. 81(2) 1992, c. 17 (3) Subsection 3(3) of the Act is repealed. Special Economic Measures Act 396. Subsection 9(1) of the Special Economic Measures Act is replaced by the following: 2001-2002 Peace officers for the purposes of this Act Accise ( 9. (1) A person having the powers of an officer under the Customs Act, the Excise Act or the Excise Act, 2001 is deemed to be a peace officer for the purposes of this Act and sections 487 to 490, 491.l and 491.2 of the Criminal Code. R.S., c. T-2 Tax Court of Canada Act 1990, c. 45, s. 55 397. Subsection 2.2(2) of the Tax Court of Canada Act is replaced by the following: Definition of ‘‘amount in dispute’’ (2) For the purposes of this Act, the ‘‘amount in dispute’’ in an appeal means (a) in the case of an appeal under the Excise Act, 2001, (i) the amount of duty, refund or relief that is in issue in the appeal, (ii) any interest under that Act that is in issue in the appeal, and (iii) any amount of duty, refund or relief under that Act that is likely to be affected by the appeal in any other appeal, assessment or proposed assessment of the person who has brought the appeal; and (b) in the case of an appeal under Part IX of the Excise Tax Act, (i) the amount of tax, net tax and rebate, within the meaning of that Part, that is in issue in the appeal, (ii) any interest or penalty under that Part that is in issue in the appeal, and (iii) any amount of tax, net tax or rebate, within the meaning of that Part, that is likely to be affected by the appeal in any other appeal, assessment or proposed assessment of the person who has brought the appeal. 1996, c. 23, s. 188 398. (1) Subsection 12(1) of the Act is replaced by the following: ��� C. 22 Excise, Jurisdiction 12. (1) The Court has exclusive original jurisdiction to hear and determine references and appeals to the Court on matters arising under the Canada Pension Plan, the Cultural Property Export and Import Act, the Employment Insurance Act, the Excise Act, 2001 , Part IX of the Excise Tax Act, the Income Tax Act, the Old Age Security Act and the Petroleum and Gas Revenue Tax Act, where references or appeals to the Court are provided for in those Acts. 1990, c. 45, s. 57(2); 1998, c. 19, s. 290 (2) Subsections 12(3) and (4) of the Act are replaced by the following: Further jurisdiction (3) The Court has exclusive original jurisdiction to hear and determine questions referred to it under section 173 or 174 of the Income Tax Act, section 204 or 205 of the Excise Act, 2001 or section 310 or 311 of the Excise Tax Act. Extensions of time (4) The Court has exclusive original jurisdiction to hear and determine applications for extensions of time under section 166.2 or 167 of the Income Tax Act, subsection 103(1) of the Employment Insurance Act, section 197 or 199 of the Excise Act, 2001 , section 304 or 305 of the Excise Tax Act, subsection 28(1) of the Canada Pension Plan or section 33.2 of the Cultural Property Export and Import Act. 1990, c. 45, s. 58 399. Subsection 18.18(2) of the Act is replaced by the following: Calculation of time limits (2) For the purpose of calculating a time limit for the purposes of section 18.3003 or 18.3005, the following periods shall be excluded: (a) the period beginning on December 21 in any year and ending on January 7 of the next year; and (b) the period during which proceedings are stayed in accordance with subsection 219(3) of the Excise Act, 2001 or subsection 327(4) of the Excise Tax Act. 2001-2002 Accise ( 2000, c. 30, s. 178 400. Subsection 18.29(3) of the Act is replaced by the following: Extensions of time (3) The provisions referred to in subsection (1) also apply, with any modifications that the circumstances require, in respect of applications for extensions of time under section 166.2 or 167 of the Income Tax Act, section 197 or 199 of the Excise Act, 2001 , section 304 or 305 of the Excise Tax Act, subsection 103(1) of the Employment Insurance Act, subsection 28(1) of the Canada Pension Plan or section 33.2 of the Cultural Property Export and Import Act. 1998, c. 19, s. 296 401. Section 18.3001 of the Act is replaced by the following: Application — Excise Act, 2001 and Excise Tax Act 18.3001 Subject to section 18.3002, this section and sections 18.3003 to 18.301 apply, with any modifications that the circumstances require, to an appeal under (a) the Excise Act, 2001 if (i) a person has so elected in the notice of appeal for an appeal under that Act or at any later time that may be provided in the rules of Court, and (ii) the amount in dispute does not exceed $25,000; and (b) Part IX of the Excise Tax Act if a person has so elected in the notice of appeal for an appeal under that Act or at any later time that may be provided in the rules of Court. 1990, c. 45, s. 61 402. Subsection 18.3002(3) of the Act is replaced by the following: Costs (3) The Court shall, on making an order under subsection (1), order that all reasonable and proper costs of the person who has brought the appeal be borne by Her Majesty in right of Canada where (a) in the case of an appeal under the Excise Act, 2001, the total of sales by the person for the prior calendar year did not exceed $1,000,000; and (b) in the case of an appeal under Part IX of the Excise Tax Act , the amount in dispute does not exceed $7,000 and the aggregate of supplies for the prior fiscal year of the person did not exceed $1,000,000. ��� C. 22 Excise, 1990, c. 45, s. 61 403. Subsection 18.3007(1) of the Act is replaced by the following: Costs 18.3007 (1) The Court may, if the circumstances so warrant, make no order as to costs or order that the person who brought the appeal be awarded costs, notwithstanding that under the rules of Court costs would be adjudged to Her Majesty in right of Canada, or make an order that person be awarded costs, notwithstanding that under the rules of Court no order as to costs would be made, if (a) an order has been made under subsection 18.3002(1) in respect of the appeal; (b) the appeal is not an appeal referred to in subsection 18.3002(3); and (c) in the case of an appeal (i) under the Excise Act, 2001, the amount in dispute in the appeal does not exceed $50,000 and the aggregate of sales by the person for the prior calendar year did not exceed $6,000,000, or (ii) under Part IX of the Excise Tax Act , the amount in dispute in the appeal does not exceed $50,000 and the aggregate of supplies for the prior fiscal year of the person did not exceed $6,000,000. 1990, c. 45, s. 61 404. Paragraphs 18.3008(a) and (b) of the Act are replaced by the following: (a) in the case of an appeal under the Excise Act, 2001, the amount in dispute does not exceed $25,000 and the aggregate of sales by the person for the prior calendar year did not exceed $1,000,000; and (b) in the case of an appeal under Part IX of the Excise Tax Act , the amount in dispute does not exceed $7,000 and the aggregate of supplies for the prior fiscal year of the person did not exceed $1,000,000. 1998, c. 19, s. 298 405. Subsection 18.3009(1) of the Act is replaced by the following: 2001-2002 Costs — appeal under Excise Act, 2001 or Excise Tax Act Accise ( 18.3009 (1) If an appeal referred to in section 18.3001 is allowed, the Court shall reimburse to the person who brought the appeal the filing fee paid by that person under paragraph 18.15(3)(b). The Court may, in accordance with the rules of Court, award costs to that person if the judgement reduces the amount in dispute by more than one half and (a) in the case of an appeal under the Excise Act, 2001 (i) the amount in dispute does not exceed $25,000, and (ii) the total of sales by the person for the prior calendar year did not exceed $1,000,000; and (b) in the case of an appeal under Part IX of the Excise Tax Act, (i) the amount in dispute does not exceed $7,000, and (ii) the aggregate of supplies for the prior fiscal year of the person did not exceed $1,000,000. 1990, c. 45, s. 62 406. Subsection 18.31(2) of the Act is replaced by the following: Determination of a question (2) If it is agreed under section 204 of the Excise Act, 2001 or section 310 of the Excise Tax Act that a question should be determined by the Court , sections 17.1, 17.2 and 17.4 to 17.8 apply, with any modifications that the circumstances require, in respect of the determination of the question. 1990, c. 45, s. 63 407. Subsection 18.32(2) of the Act is replaced by the following: Provisions applicable to determination of a question (2) If an application has been made under section 205 of the Excise Act, 2001 or section 311 of the Excise Tax Act for the determination of a question, the application or determination of the question shall, subject to section 18.33, be determined in accordance with sections 17.1, 17.2 and 17.4 to 17.8, with any modifications that the circumstances require. ��� C. 22 Excise, Coordinating Amendments An Act to amend the Customs Act and to make related amendments to other Acts 2001, c. 25 408. (1) In this section, ‘‘other Act’’ means the Act entitled An Act to amend the Customs Act and to make related amendments to other Acts, being chapter 25 of the Statutes of Canada, 2001. Amendment to Customs Act (2) On the later of the coming into force of subsection 19(1) of the other Act and subsection 332(1) of this Act, the portion of subsection 28(1) of the Customs Act before paragraph (a) is replaced by the following: Liability of operator 28. (1) The operator of a sufferance warehouse, bonded warehouse or duty free shop is liable for all duties or taxes levied under the Customs Tariff, the Excise Act, the Excise Act, 2001, the Excise Tax Act, the Special Import Measures Act or any other law relating to customs on goods that have been received in the warehouse or duty free shop unless the operator proves that the goods Amendment to other Act (3) If subsection 332(2) of this Act comes into force before subsection 19(2) of the other Act, then that subsection 19(2) is repealed on the day on which that subsection 332(2) comes into force. Amendment to other Act (4) If subsection 332(2) of this Act and subsection 19(2) of the other Act come into force on the same day, then that subsection 332(2) is deemed to have come into force before that subsection 19(2) and subsection (3) applies. Amendment to Customs Act (5) On the later of the coming into force of section 58 of the other Act and section 297 of this Act, the description of B in paragraph 97.29(1)(a) of the Customs Act is replaced by the following: B is the amount, if any, by which the amount assessed the transferee under subsection 297(3) of the Excise Act, 2001, subsection 325(2) of the Excise Tax Act and subsection 160(2) of the Income Tax Act in respect of the property exceeds the amount paid by the transferor in respect of the amount so assessed, and 2001-2002 Accise ( Amendment to Tax Court of Canada Act (6) On the later of the coming into force of section 100 of the other Act and section 397 of this Act, subsection 2.2(2) of the Tax Court of Canada Act is replaced by the following: Definition of ‘‘amount in dispute’’ (2) For the purposes of this Act, the ‘‘amount in dispute’’ in an appeal means (a) in the case of an appeal under Part V.1 of the Customs Act, the total of all amounts assessed by the Minister of National Revenue under section 97.44 of that Act; (b) in the case of an appeal under the Excise Act, 2001, (i) the amount of duty, refund or relief that is in issue in the appeal, (ii) any interest under that Act that is in issue in the appeal, and (iii) any amount of duty, refund or relief under that Act, that is likely to be affected by the appeal in any other appeal, assessment or proposed assessment of the person who has brought the appeal; and (c) in the case of an appeal under Part IX of the Excise Tax Act, (i) the amount of tax, net tax and rebate, within the meaning of that Part, that is in issue in the appeal, (ii) any interest or penalty under that Part that is in issue in the appeal, and (iii) any amount of tax, net tax or rebate, within the meaning of that Part, that is likely to be affected by the appeal in any other appeal, assessment or proposed assessment of the person who has brought the appeal. ��� C. 22 Excise, Amendment to Tax Court of Canada Act (7) On the later of the coming into force of subsection 101(1) of the other Act and subsection 398(1) of this Act, subsection 12(1) of the Tax Court of Canada Act is replaced by the following: Jurisdiction 12. (1) The Court has exclusive original jurisdiction to hear and determine references and appeals to the Court on matters arising under the Canada Pension Plan, the Cultural Property Export and Import Act, Part V.1 of the Customs Act, the Employment Insurance Act, the Excise Act, 2001, Part IX of the Excise Tax Act, the Income Tax Act, the Old Age Security Act and the Petroleum and Gas Revenue Tax Act, where references or appeals to the Court are provided for in those Acts. Amendment to Tax Court of Canada Act (8) On the later of the coming into force of subsection 101(2) of the other Act and subsection 398(2) of this Act, subsections 12(3) and (4) of the Tax Court of Canada Act are replaced by the following: Further jurisdiction (3) The Court has exclusive original jurisdiction to hear and determine questions referred to it under section 97.58 of the Customs Act, section 204 or 205 of the Excise Act, 2001, section 310 or 311 of the Excise Tax Act or section 173 or 174 of the Income Tax Act. Extensions of time (4) The Court has exclusive original jurisdiction to hear and determine applications for extensions of time under subsection 28(1) of the Canada Pension Plan, section 33.2 of the Cultural Property Export and Import Act, section 97.52 or 97.53 of the Customs Act, subsection 103(1) of the Employment Insurance Act, section 197 or 199 of the Excise Act, 2001, section 304 or 305 of the Excise Tax Act or section 166.2 or 167 of the Income Tax Act. Amendment to Tax Court of Canada Act (9) On the later of the coming into force of section 102 of the other Act and section 399 of this Act, subsection 18.18(2) of the Tax Court of Canada Act is replaced by the following: 2001-2002 Calculation of time limits Accise ( (2) For the purpose of calculating a time limit for the purposes of section 18.3003 or 18.3005, the following periods shall be excluded: (a) the period beginning on December 21 in any year and ending on January 7 of the next year; and (b) the period during which proceedings are stayed in accordance with subsection 106(3) of the Customs Act, subsection 219(3) of the Excise Act, 2001 or subsection 327(4) of the Excise Tax Act. Amendment to Tax Court of Canada Act (10) On the later of the coming into force of section 103 of the other Act and section 400 of this Act, subsection 18.29(3) of the Tax Court of Canada Act is replaced by the following: Extensions of time (3) The provisions referred to in subsection (1) also apply, with any modifications that the circumstances require, in respect of applications for extensions of time under subsection 28(1) of the Canada Pension Plan, section 33.2 of the Cultural Property Export and Import Act, section 97.51 or 97.52 of the Customs Act, subsection 103(1) of the Employment Insurance Act, section 197 or 199 of the Excise Act, 2001, section 304 or 305 of the Excise Tax Act or section 166.2 or 167 of the Income Tax Act. Amendment to Tax Court of Canada Act (11) On the later of the coming into force of section 104 of the other Act and section 401 of this Act, section 18.3001 of the Tax Court of Canada Act is replaced by the following: Application — Customs Act, Excise Act, 2001 and Excise Tax Act 18.3001 Subject to section 18.3002, this section and sections 18.3003 to 18.301 apply, with any modifications that the circumstances require, to an appeal under (a) the Excise Act, 2001 if (i) a person has so elected in the notice of appeal for an appeal under that Act or at such later time as may be provided in the rules of Court, and ��� C. 22 Excise, (ii) the amount in dispute does not exceed $25,000; and (b) Part V.1 of the Customs Act or Part IX of the Excise Tax Act if a person has so elected in the notice of appeal for an appeal under that Act or at such later time as may be provided in the rules of Court. Amendment to Tax Court of Canada Act (12) On the later of the coming into force of section 105 of the other Act and section 402 of this Act, subsection 18.3002(3) of the Tax Court of Canada Act is replaced by the following: Costs (3) The Court shall, on making an order under subsection (1), order that all reasonable and proper costs of the person who has brought the appeal be borne by Her Majesty in right of Canada where (a) in the case of an appeal under Part V.1 of the Customs Act, the amount in dispute does not exceed $10,000; (b) in the case of an appeal under the Excise Act, 2001, the total of sales by the person for the prior calendar year did not exceed $1,000,000; and (c) in the case of an appeal under Part IX of the Excise Tax Act, the amount in dispute does not exceed $7,000 and the aggregate of supplies for the prior fiscal year of the person did not exceed $1,000,000. Amendment to Tax Court of Canada Act (13) On the later of the coming into force of section 107 of the other Act and section 403 of this Act, subparagraphs 18.3007(1)(c)(i) and (ii) of the Tax Court of Canada Act are replaced by the following: (i) under Part V.1 of the Customs Act, the amount in dispute does not exceed $50,000, (ii) under the Excise Act, 2001, the amount in dispute in the appeal does not exceed $50,000 and the aggregate of sales by the person for the prior calendar year did not exceed $6,000,000, or (iii) under Part IX of the Excise Tax Act, the amount in dispute in the appeal does 2001-2002 Accise ( not exceed $50,000 and the aggregate of supplies for the prior fiscal year of the person did not exceed $6,000,000. Amendment to Tax Court of Canada Act (14) On the later of the coming into force of section 108 of the other Act and section 404 of this Act, paragraphs 18.3008(a) and (b) of the Tax Court of Canada Act are replaced by the following: (a) in the case of an appeal under Part V.1 of the Customs Act, the amount in dispute does not exceed $10,000; (b) in the case of an appeal under the Excise Act, 2001, the amount in dispute does not exceed $25,000 and the aggregate of sales by the person for the prior calendar year did not exceed $1,000,000; and (c) in the case of an appeal under Part IX of the Excise Tax Act, the amount in dispute does not exceed $7,000 and the aggregate of supplies for the prior fiscal year of the person did not exceed $1,000,000. Amendment to Tax Court of Canada Act (15) On the later of the coming into force of section 109 of the other Act and section 405 of this Act, subsection 18.3009(1) of the Tax Court of Canada Act is replaced by the following: Costs — appeal under Customs Act, Excise Act, 2001 or Excise Tax Act 18.3009 (1) If an appeal referred to in section 18.3001 is allowed, the Court shall reimburse to the person who brought the appeal the filing fee paid by that person under paragraph 18.15(3)(b). The Court may, in accordance with the rules of Court, award costs to that person if the judgement reduces the amount in dispute by more than one half and (a) in the case of an appeal under Part V.1 of the Customs Act, the amount in dispute does not exceed $10,000; (b) in the case of an appeal under the Excise Act, 2001 (i) the amount in dispute does not exceed $25,000, and ��� C. 22 Excise, (ii) the total of sales by the person for the prior calendar year did not exceed $1,000,000; or (c) in the case of an appeal under Part IX of the Excise Tax Act, (i) the amount in dispute does not exceed $7,000, and (ii) the aggregate of supplies for the prior fiscal year of the person did not exceed $1,000,000. Amendment to Tax Court of Canada Act (16) On the later of the coming into force of section 110 of the other Act and section 406 of this Act, subsection 18.31(2) of the Tax Court of Canada Act is replaced by the following: Determination of a question (2) If it is agreed under section 97.58 of the Customs Act, section 204 of the Excise Act, 2001 or section 310 of the Excise Tax Act that a question should be determined by the Court, sections 17.1, 17.2 and 17.4 to 17.8 apply, with any modifications that the circumstances require, in respect of the determination of the question. Bill C-24 Condition — Bill C-24 409. (1) Subsections (2) to (9) apply if Bill C-24, introduced in the 1st Session of the 37th Parliament and entitled An Act to amend the Criminal Code (organized crime and law enforcement) and to make consequential amendments to other Acts (referred to in this section as the ‘‘other Act’’), receives royal assent. Amendment to Criminal Code (2) If section 4 of the other Act comes into force before section 326 of this Act, then, on the later of the day on which that section 4 comes into force and the day on which this Act is assented to, (a) that section 326 is repealed; and (b) paragraph (g) of the definition ‘‘offence’’ in section 183 of the Criminal Code, as enacted by that section 4, is replaced by the following: (g) any of the following provisions of the Excise Act, 2001, namely, 2001-2002 Accise ( (i) section 214 (unlawful production, sale, etc., of tobacco or alcohol), (ii) section 216 (unlawful possession of tobacco product), (iii) section 218 (unlawful possession, sale, etc., of alcohol), (iv) section 219 (falsifying or destroying records), (v) section 230 (possession of property obtained by excise offences), or (vi) section 231 (laundering proceeds of excise offences), Amendment to Criminal Code (3) If section 4 of the other Act and section 326 of this Act come into force on the same day, then that section 4 is deemed to have come into force before that section 326 and subsection (2) applies. Amendment to Criminal Code (4) If section 4 of the other Act comes into force after section 326 of this Act, then, on the coming into force of that section 4, paragraph (g) of the definition ‘‘offence’’ in section 183 of the Criminal Code, as enacted by that section 4, is replaced by the following: (g) any of the following provisions of the Excise Act, 2001, namely, (i) section 214 (unlawful production, sale, etc., of tobacco or alcohol), (ii) section 216 (unlawful possession of tobacco product), (iii) section 218 (unlawful possession, sale, etc., of alcohol), (iv) section 219 (falsifying or destroying records), (v) section 230 (possession of property obtained by excise offences), or (vi) section 231 (laundering proceeds of excise offences), Amendment to Criminal Code (5) If section 327 of this Act comes into force before subsection 12(2) of the other Act and Bill C-36, introduced in the 1st Session of the 37th Parliament and entitled the Anti-terrorism Act, receives royal assent, then, on the later of the coming into force of ��� C. 22 Excise, section 33 of the Anti-terrorism Act and that section 327, paragraph (b.1) of the definition ‘‘enterprise crime offence’’ in section 462.3 of the Criminal Code is replaced by the following: (b.1) an offence against section 214, 216, 218, 230 or 231 of the Excise Act, 2001, section 153, 159, 163.1 or 163.2 of the Customs Act, subsection 52.1(9) of the Competition Act or subsection 4(1), (2), (3) or (4), or section 6, or subsection 13(1), 14(1), 16(1) or (2), 17(1), 18(1), 19(1), 20(1), 21(1) or 22(1) or section 23 of the Security of Information Act, or Repeal of amendment in this Act to Criminal Code (6) If section 327 of this Act comes into force after subsection 12(2) of the other Act, then, on the later of the day on which that subsection 12(2) comes into force and the day on which this Act is assented to, that section 327 is repealed. Repeal of amendment in this Act to Criminal Code (7) If section 327 of this Act and subsection 12(2) of the other Act come into force on the same day, then that section 327 is deemed to have come into force after that subsection 12(2) and subsection (6) applies. Repeal of amendments in this Act to Customs Act (8) If section 62 of the other Act comes into force before sections 342 to 344 of this Act, then, on the later of the day on which that section 62 comes into force and the day on which this Act is assented to, those sections 342 to 344 are repealed. Repeal of amendments in this Act to Customs Act (9) If section 62 of the other Act and sections 342 to 344 of this Act come into force on the same day, then that section 62 of the other Act is deemed to have come into force before those sections 342 to 344 and subsection (8) applies. 2001-2002 Accise ( Bill C-30 Amendment to this Act 410. If Bill C-30, introduced in the 1st Session of the 37th Parliament and entitled the Courts Administration Service Act (referred to in this section as the ‘‘other Act’’), receives royal assent, then (a) on the later of the coming into force of section 14 of the other Act and subsection 205(6) of this Act, subsection 205(6) of this Act is replaced by the following: Appeal (6) If a question set out in an application is determined by the Tax Court, the Minister or any of the persons who have been served with a copy of the application and who are named in an order of the Court under subsection (4) may, in accordance with the provisions of this Act, the Tax Court of Canada Act or the Federal Courts Act, as they relate to appeals from or applications for judicial review of decisions of the Tax Court, appeal from the determination. (b) on the later of the coming into force of section 14 of the other Act and subsection 276(2) of this Act, subsection 276(2) of this Act is replaced by the following: Ordinary action (2) The Federal Courts Act and the rules made under it that are applicable to ordinary actions apply to actions instituted under subsection (1), except as varied by special rules made in respect of those actions. Bill C-32 Condition — Bill C-32 411. (1) Subsections (2) to (8) apply if Bill C-32, introduced in the 1st Session of the 37th Parliament and entitled the Canada–Costa Rica Free Trade Agreement Implementation Act (referred to in this section as the ‘‘other Act’’), receives royal assent. Amendment to Customs Tariff (2) On the later of the coming into force of section 42 of the other Act and section 351 of this Act, subsection 94(1) of the Customs Tariff is replaced by the following: ��� Definition of ‘‘customs duties’’ C. 22 Excise, 94. (1) In sections 95 and 96, ‘‘customs duties’’ means customs duties imposed under Part 2, other than (a) additional customs duties levied under sections 21.1 to 21.3; (b) surtaxes imposed under section 53, 55, 60, 63, 68 or 78; or (c) temporary duties imposed under any of sections 69 to 76.1. Amendment to Customs Tariff (3) On the later of the coming into force of section 43 of the other Act and section 352 of this Act, subparagraph 99(a)(iii) of the Customs Tariff is replaced by the following: (iii) the circumstances in which, and the classes of goods in respect of which, relief of duties levied under sections 21.1 to 21.3 or under the Special Import Measures Act, a surtax imposed under section 53, 55, 60, 63, 68 or 78, a temporary duty imposed under any of sections 69 to 76.1, a tax levied under the Excise Tax Act or a duty imposed under the Excise Act, 2001 may not be granted, Amendment to Customs Tariff (4) On the later of the coming into force of section 44 of the other Act and subsection 354(2) of this Act, paragraph 113(4)(a) of the Customs Tariff is replaced by the following: (a) the circumstances in which, and the classes of goods in respect of which, a refund or drawback of duties levied under sections 21.1 to 21.3 or the Special Import Measures Act, a surtax levied under section 53, 55, 60, 63, 68 or 78, a temporary duty levied under any of sections 69 to 76.1, a tax levied under the Excise Tax Act or a duty levied under the Excise Act, 2001 may not be granted under subsection (1); Amendments to Customs Tariff (5) On the later of the coming into force of section 46 of the other Act and section 362 of this Act, each of the tariff provisions that were, under that section 362, added to the List of Tariff Provisions set out in the 2001-2002 Accise ( schedule to the Customs Tariff are amended by (a) adding in the column ‘‘Preferential Tariff / Initial Rate’’, below the reference to ‘‘CIAT’’, a reference to ‘‘CRT: Free’’; and (b) adding in the column ‘‘Preferential Tariff / Final Rate’’, below the reference to ‘‘CIAT’’, a reference to ‘‘CRT: Free (A)’’. Amendments in respect of Importation of Intoxicating Liquors Act (6) If section 395 of this Act comes into force before section 53 of the other Act, then (a) on the later of the day on which that section 395 comes into force and the day on which the other Act is assented to, that section 53 is repealed; and (b) on the coming into force of section 37 of the other Act, (i) subsection 3(1.1) of the Importation of Intoxicating Liquors Act is replaced by the following: Suspension of paragraph (2)(f) (1.1) The operation of paragraph (2)(f) is suspended during the period in which paragraph (2)(c) is in force. (ii) paragraphs 3(2)(e) and (f) of the Importation of Intoxicating Liquors Act are replaced by the following: (e) the importation of bulk spirits into a province from Costa Rica by a licensed distiller for the purpose of being packaged by the distiller, if the spirits (i) are entitled to the benefit of the Costa Rica Tariff referred to in section 49.1 of the Customs Tariff, and (ii) are kept while in the province in accordance with the Excise Act, 2001 and the laws of the province; (f) the importation of bulk spirits into a province from the United States by a licensed distiller for the purpose of being packaged by the distiller, if the spirits ��� C. 22 Excise, (i) are entitled to the United States Tariff in the List of Tariff Provisions set out in the schedule to the Customs Tariff, and (ii) are kept while in the province in accordance with the Excise Act, 2001 and the laws of the province; and (g) the transfer by a licensed distiller of any spirits produced or packaged in accordance with the Excise Act, 2001 that is permitted by any Act or regulation or by special permit of the Canada Customs and Revenue Agency, if the spirits (i) in the case of packaged spirits, are kept in an excise warehouse of a licensed distiller and in accordance with the laws of the province in which they are kept, and (ii) in the case of bulk spirits, are kept in accordance with the Excise Act, 2001 and the laws of the province in which they are kept. Amendments to Importation of Intoxicating Liquors Act (7) If section 395 of this Act comes into force after section 53 of the other Act, then, on the coming into force of section 395 of this Act, (a) subsection 3(1.1) of the Importation of Intoxicating Liquors Act is replaced by the following: Suspension of paragraph (2)(f) (1.1) The operation of paragraph (2)(f) is suspended during the period in which paragraph (2)(c) is in force. (b) the portion of subsection 3(2) of the Importation of Intoxicating Liquors Act after paragraph (b) is replaced by the following: (c) the importation of bulk spirits into a province from a NAFTA country by a licensed distiller for the purpose of being packaged by the distiller, if the spirits (i) are entitled to the United States Tariff, the Mexico Tariff or the Mexico–United States Tariff in the List of Tariff Provisions set out in the schedule to the Customs Tariff, and (ii) are kept while in the province in accordance with the Excise Act, 2001 and the laws of the province; 2001-2002 Accise ( (d) the importation of bulk spirits into a province from Chile by a licensed distiller for the purpose of being packaged by the distiller, if the spirits (i) are entitled to the benefit of the Chile Tariff in the List of Tariff Provisions set out in the schedule to the Customs Tariff, and (ii) are kept while in the province in accordance with the Excise Act, 2001 and the laws of the province; (e) the importation of bulk spirits into a province from Costa Rica by a licensed distiller for the purpose of being packaged by the distiller, if the spirits (i) are entitled to the benefit of the Costa Rica Tariff referred to in section 49.1 of the Customs Tariff, and (ii) are kept while in the province in accordance with the Excise Act, 2001 and the laws of the province; (f) the importation of bulk spirits into a province from the United States by a licensed distiller for the purpose of being packaged by the distiller, if the spirits (i) are entitled to the United States Tariff in the List of Tariff Provisions set out in the schedule to the Customs Tariff, and (ii) are kept while in the province in accordance with the Excise Act, 2001 and the laws of the province; and (g) the transfer by a licensed distiller of any spirits produced or packaged in accordance with the Excise Act, 2001 that is permitted by any Act or regulation or by special permit of the Canada Customs and Revenue Agency, if the spirits (i) in the case of packaged spirits, are kept in an excise warehouse of a licensed distiller and in accordance with the laws of the province in which they are kept, and (ii) in the case of bulk spirits, are kept in accordance with the Excise Act, 2001 and the laws of the province in which they are kept. ��� C. 22 Excise, (c) subsection 3(3) of the Importation of Intoxicating Liquors Act is repealed. Amendments to Importation of Intoxicating Liquors Act (8) If section 395 of this Act and section 53 of the other Act come into force on the same day, then that section 395 is deemed to have come into force after that section 53 and subsection (7) applies. PART 9 AMENDMENTS RELATED TO EXCISE TAX ON TOBACCO PRODUCTS 1997, c. 36 Customs Tariff 2001, c. 16, s. 3(1) 412. Paragraphs 21(2)(a) to (c) of the Customs Tariff are replaced by the following: (a) $0.0575 per cigarette, in the case of cigarettes; (b) $0.0425 per stick, in the case of tobacco sticks; and (c) $0.0375 per gram, in the case of manufactured tobacco other than cigarettes and tobacco sticks. R.S., c. E-15 Excise Tax Act 1994, c. 29, s. 1(1); 1999, c. 17, s. 145(2)(E) 413. The definitions ‘‘black stock’’, ‘‘black stock cigarettes’’ and ‘‘Indian’’ in subsection 2(1) of the Excise Tax Act are repealed. 2001, c. 16, s. 18(1) 414. Paragraphs 23.11(2)(a) to (c) of the Act are replaced by the following: (a) $0.03 per cigarette, in the case of cigarettes; (b) $0.02415 per stick, in the case of tobacco sticks; and (c) $19.15 per kilogram, in the case of manufactured tobacco other than cigarettes and tobacco sticks. 2001, c. 16, s. 18(1) 415. Paragraphs 23.12(1)(a) to (c) of the Act are replaced by the following: (a) $0.0575 per cigarette, in the case of cigarettes; (b) $0.0425 per stick, in the case of tobacco sticks; and 2001-2002 Accise ( (c) $0.0375 per gram, in the case of manufactured tobacco other than cigarettes and tobacco sticks. 2001, c. 16, s. 18(1) 416. (1) Paragraphs 23.13(1)(a) to (c) of the Act are replaced by the following: (a) $0.0575 per cigarette, in the case of cigarettes; (b) $0.0425 per stick, in the case of tobacco sticks; and (c) $37.50 per kilogram, in the case of manufactured tobacco other than cigarettes and tobacco sticks. 2001, c. 16, s. 18(1) (2) Paragraph 23.13(2)(a) of the Act is replaced by the following: (a) $0.1025 per cigarette, in the case of cigarettes; 2001, c. 16, s. 18(1) (3) Paragraph 23.13(2)(c) of the Act is replaced by the following: (c) $56.65 per kilogram, in the case of manufactured tobacco other than cigarettes and tobacco sticks. 1994, c. 29, s. 6(1); 2000, c. 30, ss. 5(3), (4); 2001, c. 16, ss. 22(1), 23(1), 25(1), (2) 417. Sections 23.31 to 23.35 of the Act are repealed. 2000, c. 30, s. 16(1); 2001, c. 16, ss. 34(1), 35(1), 37(1) 418. Sections 97.1 to 97.4 of the Act are repealed. 1994, c. 29, s. 14(1); 1997, c. 26, s. 74(1); 2001, c. 16, ss. 40(1), (2), 41(1) 419. Sections 1 to 3 of Schedule II to the Act are replaced by the following: 1. Cigarettes: $0.17138 for each five cigarettes or fraction of five cigarettes contained in any package. 2. Tobacco sticks: $0.02715 per stick. 3. Manufactured tobacco other than cigarettes and tobacco sticks: $23.148 per kilogram. ��� C. 22 Excise, Interest 420. For the purposes of applying the provisions of the Customs Tariff and the Excise Tax Act that provide for the payment of, or the liability to pay, interest in respect of any amount, the amount shall be determined and interest shall be computed on it as though this Part had been assented to on November 2, 2001. Coming into force 421. Sections 412 to 420 are deemed to have come into force on November 2, 2001. PART 10 AMENDMENTS RELATED TO SHIPS’ STORES 1986, c. 1 Customs Act 422. (1) Paragraph 164(1)(c) of the Customs Act, chapter 1 of the Statutes of Canada, 1986, is replaced by the following: (c) designating certain classes of goods as ships’ stores for use on board a conveyance of a prescribed class, including a class based on (i) the physical attributes, functions or legal descriptions of conveyances, (ii) areas within which conveyances voyage, (iii) requirements, or limitations, related to voyages of conveyances, or (iv) any combination of the bases mentioned in subparagraphs (i) to (iii); (c.1) limiting the quantity of goods referred to in paragraph (c) that may be used as described in that paragraph during any prescribed period or periods; (2) Subsection (1) is deemed to have come into force on November 10, 1986. R.S., c. 41 (3rd Supp.) Customs Tariff 1995, c. 41, s. 55(1) 423. (1) Paragraph 95(1)(g) of the Customs Tariff, as enacted by subsection 55(1) of chapter 41 of the Statutes of Canada, 1995, is replaced by the following: 2001-2002 Accise ( (g) designating certain classes of goods as ships’ stores for use on board a conveyance of a prescribed class, including a class based on (i) the physical attributes, functions or legal descriptions of conveyances, (ii) areas within which conveyances voyage, (iii) requirements, or limitations, related to voyages of conveyances, or (iv) any combination of the bases mentioned in subparagraphs (i) to (iii); (g.1) limiting the quantity of goods referred to in paragraph (g) that may be used as described in that paragraph during any prescribed period or periods; (2) Subsection (1) is deemed to have come into force on January 1, 1996. 1997, c. 36 Customs Tariff 424. (1) Paragraph 99(g) of the Customs Tariff is replaced by the following: (g) designating certain classes of goods as ships’ stores for use on board a conveyance of a prescribed class, including a class based on (i) the physical attributes, functions or legal descriptions of conveyances, (ii) areas within which conveyances voyage, (iii) requirements, or limitations, related to voyages of conveyances, or (iv) any combination of the bases mentioned in subparagraphs (i) to (iii); (g.1) limiting the quantity of goods referred to in paragraph (g) that may be used as described in that paragraph during any prescribed period or periods; ��� C. 22 Excise, (2) A regulation, or any provision of a regulation, made before January 1, 2004 under paragraph 99(g) or (g.1) of the Customs Tariff, as enacted by subsection (1), may, if it so provides, be retroactive and have effect for any period before it is made that begins on or after June 1, 2002. (3) Subsection (1) is deemed to have come into force on January 1, 1998. R.S., c. E-14 Excise Act Replacement of ‘‘approvisionnements de navire’’ with ‘‘provisions de bord’’ 425. The French version of the Excise Act is amended by replacing the words ‘‘approvisionnements de navire’’ with the words ‘‘provisions de bord’’ in the following provisions, with any grammatical modifications that the circumstances require: (a) paragraph 52.1(e); (b) subparagraph 58(2)(a)(i); (c) clauses 58.1(6)(a)(i)(C) and (E); (d) paragraph 173(3)(a); (e) subparagraph 202(3)(c)(iii); (f) section 216; (g) clauses 239.1(2)(a)(i.1)(B) and (iii)(A) and (B) and subparagraph 239.1(2)(b)(vi); and (h) paragraph 240(2)(f) and subparagraphs 240(3)(a.1)(ii) and (c)(i) and (ii). R.S.C. 1970, c. E-13 Excise Tax Act 1986, c. 9, s. 21(3) 426. (1) Subsection 35(2.3) of the Excise Tax Act, as enacted by subsection 21(3) of chapter 9 of the Statutes of Canada, 1986, is replaced by the following: Regulations (2.3) The Governor in Council may make regulations (a) designating certain classes of goods as ships’ stores for use on board a conveyance of a prescribed class, including a class based on (i) the physical attributes, functions or legal descriptions of conveyances, (ii) areas within which conveyances voyage, 2001-2002 Accise ( (iii) requirements, or limitations, related to voyages of conveyances, or (iv) any combination of the bases mentioned in subparagraphs (i) to (iii); and (b) limiting the quantity of goods referred to in paragraph (a) that may be used as described in that paragraph during any prescribed period or periods. (2) Subsection (1) is deemed to have come into force on November 10, 1986. R.S., c. E-15 Excise Tax Act R.S., c. 7 (2nd Supp.), s. 21(3); 1993, c. 25, s. 58 427. (1) Subsection 59(3.2) of the Excise Tax Act is replaced by the following: Regulations (3.2) The Governor in Council may make regulations (a) designating certain classes of goods as ships’ stores for use on board a conveyance of a prescribed class, including a class based on (i) the physical attributes, functions or legal descriptions of conveyances, (ii) areas within which conveyances voyage, (iii) requirements, or limitations, related to voyages of conveyances, or (iv) any combination of the bases mentioned in subparagraphs (i) to (iii); and (b) limiting the quantity of goods referred to in paragraph (a) that may be used as described in that paragraph during any prescribed period or periods. (2) A regulation, or any provision of a regulation, made before January 1, 2004 under paragraph 59(3.2)(a) or (b) of the Excise Tax Act, as enacted by subsection (1), may, if it so provides, be retroactive and have effect for any period before it is made that begins on or after June 1, 2002. ��� C. 22 Excise, (3) Subsection (1) is deemed to have come into force on December 12, 1988. 428. The Act is amended by adding the following after section 68.4: Definitions 68.5 (1) The definitions in this subsection apply in this section. ‘‘eligible ship’’ « navire admissible » ‘‘eligible ship’’ means a ship that is a tug, ferry or passenger ship engaged in trade on an inland voyage and that (a) is not proceeding outside Canada other than to (i) a part that lies within the United States of any lake or river a part of which is included in the inland waters of Canada, or (ii) Lake Michigan; and (b) is not engaged in international trade. ‘‘inland voyage’’ « voyage en eaux internes » ‘‘inland voyage’’ means a voyage (other than a minor waters voyage) (a) on the inland waters of Canada, together with those parts that lie within the United States of any lake or river included in the inland waters of Canada; or (b) on Lake Michigan. ‘‘inland waters of Canada’’ « eaux internes du Canada » ‘‘inland waters of Canada’’ means all the rivers, lakes and other navigable fresh waters within Canada, and includes the St. Lawrence River as far seaward as a straight line drawn (a) from Cap des Rosiers to West Point Anticosti Island; and (b) from Anticosti Island to the north shore of the St. Lawrence River along the meridian of longitude sixty-three degrees west. ‘‘minor waters of Canada’’ « eaux secondaires du Canada » ‘‘minor waters of Canada’’ means all inland waters of Canada (other than Lake Ontario, Lake Erie, Lake Huron including Georgian Bay, Lake Superior and the St. Lawrence River east of a line drawn from Father Point 2001-2002 Accise ( to Point Orient) and includes all bays, inlets and harbours of or on those lakes or Georgian Bay. ‘‘minor waters voyage’’ « voyage en eaux secondaires » ‘‘minor waters voyage’’ means a voyage within the minor waters of Canada together with those parts that lie within the United States of any lake or river included in the minor waters of Canada. ‘‘rebate period’’ « période de remise » ‘‘rebate period’’ means the period (a) that begins on June 1, 2002 and that ends on December 31, 2002; (b) that begins on January 1, 2003 and that ends on December 31, 2003; or (c) that begins on January 1, 2004 and that ends on December 31, 2004. Rebate in respect of fuel for eligible ship (2) If a person purchases or intends to purchase fuel that is, or is to be, used by the person to operate or maintain an eligible ship during a rebate period, subject to this Part, the Minister shall, on application by the person, pay to the person a rebate for the period determined in accordance with subsection (3). Determination of rebate (3) The amount of the rebate payable to a person under subsection (2) for a rebate period is equal to (a) if the amount applied for is based on an estimate, acceptable to the Minister and made within any period specified by the Minister, of the quantity of fuel that is, or is to be, purchased after May 2002 by the person and is, or is to be, used by the person to operate or maintain an eligible ship during the rebate period, the total amount of tax under Part III that would be imposed on that fuel; or (b) in any other case, the total amount of tax under Part III imposed on fuel that is purchased by the person after May 2002 and is used by the person to operate or maintain an eligible ship during the rebate period. ��� C. 22 Excise, One application per period (4) A person shall not file more than one application (other than an application referred to in paragraph (8)(b)) under this section for any rebate period. Reconciliation report (5) If a person is paid a rebate for a rebate period based on an estimate referred to in paragraph (3)(a), the person shall, not later than 60 days after the end of the period, file with the Minister in prescribed manner a reconciliation report in prescribed form that indicates (a) the amount of the rebate paid to the person; and (b) the amount of tax under Part III imposed on the fuel purchased by the person after May 2002 and used by the person to operate or maintain an eligible ship during the rebate period. Extension for filing (6) The Minister may at any time, in writing, extend the time required by subsection (5) for filing a reconciliation report. Effect of extension for filing (7) If the Minister has, under subsection (6), extended the time required by subsection (5) for filing a reconciliation report (a) the report shall be filed within the time so extended; (b) any amount of excess rebate that is required to be paid within the time otherwise required by subsection (9) shall be paid within the time so extended; and (c) any interest or penalty payable under this section shall be calculated on the basis that the person has until the expiry of the period so extended to file the reconciliation report. Additional amount payable to rebate recipient (8) If a person files a reconciliation report for a rebate period and the amount referred to in paragraph (5)(b) exceeds the amount referred to in paragraph (5)(a) in respect of the period, 2001-2002 Accise ( (a) the Minister shall pay to the person an amount equal to that excess amount; and (b) the filing of the reconciliation report is deemed to be an application to the Minister for payment of that excess amount. Liability for excess rebate and interest up to due date of reconciliation (9) If the rebate paid to a person for a rebate period is determined on the basis of an estimate referred to in paragraph (3)(a) and the amount paid exceeds the amount referred to in paragraph (5)(b) in respect of the period, the person shall pay to the Receiver General (a) on or before the day on or before which the reconciliation report for the rebate period is required to be filed, an amount (in this section referred to as the ‘‘excess rebate’’) equal to that excess amount; and (b) interest at the prescribed rate, in respect of each month or fraction of a month in the period that begins on the first day following the day on which the rebate is paid to the person and that ends on the earlier of the day the total of the excess rebate and all interest under this paragraph is paid and the day on or before which the reconciliation report is required to be filed, calculated on the total of the amount of the excess rebate that has not been paid to the Receiver General, and of the amount of interest that is outstanding, in the month or fraction of a month. Deemed tax liability (10) The portion of the total of the excess rebate payable by a person in respect of a rebate period, and of the interest payable by the person under paragraph (9)(b), that is outstanding at the end of the day on or before which the reconciliation report for the period is required to be filed is deemed to be an amount of tax payable under this Act that is required to be, and that has not been, paid by the person on or before that day. Interest and penalty on deemed tax (11) A person who is in default in paying an amount of tax referred to in subsection (10) shall pay to the Receiver General interest at the prescribed rate, and penalty of one-half of one percent, in respect of each month or fraction of a month in the period that begins on ��� C. 22 Excise, the first day following the day on or before which the reconciliation report is required to be filed and that ends on the day the total of that tax is paid, calculated on the total of the tax, penalty and interest outstanding in that month or fraction of a month. Time for paying interest and penalty (12) Any interest under paragraph (9)(b) or subsection (11) and any penalty under that subsection shall be paid not later than the last day of the month in respect of which the interest or penalty was calculated. Interest and penalty under ten dollars (13) No interest under paragraph (9)(b) or subsection (11) and no penalty under that subsection is required to be paid if the person who would otherwise be liable to pay the interest or the penalty pays all taxes under this section payable by the person and, on the payment, the total interest and penalty otherwise payable by the person under those provisions is less than ten dollars. Restriction (14) The Minister shall not, at a particular time, pay an amount to a person under this section unless the person has (a) filed with the Minister all reconciliation reports for rebate periods ending before that time for which a rebate was paid to the person that was based on an estimate referred to in paragraph (3)(a); and (b) paid all excess rebates in respect of rebate periods ending before that time and all interest and penalty under this section that have accrued to that time. Limitation period (15) An application may not be made under subsection (2) after December 31, 2006. Replacement of ‘‘approvisionnements de navire’’ with ‘‘provisions de bord’’ 429. The French version of the Act is amended by replacing the words ‘‘approvisionnements de navire’’ with the words ‘‘provisions de bord’’, with any grammatical changes that the circumstances require, in the following provisions: (a) paragraph 23.11(1)(c); (b) subsection 68.17(1); and (c) paragraph 70(1)(b). 2001-2002 SOR/86-878 Valid and effective from November 10, 1986 SOR/96-40 Valid and effective from January 1, 1996 SOR/78-376 Accise ( Ships’ Stores Regulations 430. The Ships’ Stores Regulations, made by Order in Council P.C. 1986-1856 of August 13, 1986 and registered as SOR/86-878, as amended, are deemed to have been validly made and everything done under, and all consequences flowing from, those Regulations since November 10, 1986 are deemed effective as if those Regulations were so made. Ships’ Stores Regulations 431. The Ships’ Stores Regulations, made by Order in Council P.C. 1995-2248 of December 28, 1995 and registered as SOR/96-40, are deemed to have been validly made and everything done under, and all consequences flowing from, those Regulations since January 1, 1996 are deemed effective as if those Regulations were so made. Ships Suppliers Drawback Regulations 432. The Ships Suppliers Drawback Regulations are repealed. PART 11 Coming into force COMING INTO FORCE 433. The provisions of this Act, other than sections 1 and 408 to 432, come into force on a day or days to be fixed by order of the Governor in Council. ��� C. 22 Excise, 2001 — SCHEDULE 1 (Section 42) RATES OF DUTY ON TOBACCO PRODUCTS 1. Cigarettes: (a) $0.287375 for each five cigarettes or fraction of five cigarettes contained in any package, if the cigarettes are black stock (i) for delivery by the tobacco licensee who manufactured them to a duty free shop or customs bonded warehouse, (ii) for delivery by the tobacco licensee who manufactured them to a person for use as ships’ stores in accordance with the Ships’ Stores Regulations, or (iii) for export by the tobacco licensee who manufactured them for delivery to a foreign duty free shop or as foreign ships’ stores; and (b) $0.308755 for each five cigarettes or fraction of five cigarettes contained in any package, in any other case. 2. Tobacco sticks: (a) $0.042483 per stick, if the tobacco sticks are black stock (i) for delivery by the tobacco licensee who manufactured them to a duty free shop or customs bonded warehouse, (ii) for delivery by the tobacco licensee who manufactured them to a person for use as ships’ stores in accordance with the Ships’ Stores Regulations, or (iii) for export by the tobacco licensee who manufactured them for delivery to a foreign duty free shop or as foreign ships’ stores; and (b) $0.045483 per stick, in any other case. 3. Manufactured tobacco other than cigarettes and tobacco sticks: (a) $37.483 per kilogram, if the manufactured tobacco is black stock (i) for delivery by the tobacco licensee who manufactured it to a duty free shop or customs bonded warehouse, (ii) for delivery by the tobacco licensee who manufactured it to a person for use as ships’ stores in accordance with the Ships’ Stores Regulations, or (iii) for export by the tobacco licensee who manufactured it for delivery to a foreign duty free shop or as foreign ships’ stores; and (b) $41.481 per kilogram, in any other case. 4. Cigars: $14.786 per 1,000 cigars. 5. Raw leaf tobacco: $1.572 per kilogram. 2001-2002 Accise (2001) SCHEDULE 2 (Section 43) ADDITIONAL DUTY ON CIGARS Cigars: The greater of (a) $0.03947 per cigar, and (b) 50%, computed on (i) the sale price, in the case of cigars manufactured in Canada, or (ii) the duty-paid value, in the case of imported cigars. ��� C. 22 Excise, 2001 — SCHEDULE 3 (Sections 53, 54 and 56) RATES OF SPECIAL DUTIES ON CERTAIN MANUFACTURED TOBACCO 1. Special duty on imported manufactured tobacco: (a) $0.0575 per cigarette, in the case of cigarettes; (b) $0.0425 per stick, in the case of tobacco sticks; and (c) $0.0375 per gram, in the case of manufactured tobacco other than cigarettes or tobacco sticks. 2. Special duty on traveller’s tobacco: (a) $0.0575 per cigarette, in the case of cigarettes; (b) $0.0425 per stick, in the case of tobacco sticks; and (c) $0.0375 per gram, in the case of manufactured tobacco other than cigarettes or tobacco sticks. 3. Special duty on unstamped tobacco products: (a) $0.0575 per cigarette, in the case of cigarettes; (b) $0.0425 per stick, in the case of tobacco sticks; and (c) $37.50 per kilogram, in the case of tobacco products other than cigarettes or tobacco sticks. 4. Special duty on stamped tobacco products: (a) $0.068224 per cigarette, in the case of cigarettes; (b) $0.0345 per stick, in the case of tobacco sticks; and (c) $33.502 per kilogram, in the case of tobacco products other than cigarettes or tobacco sticks. 2001-2002 Accise (2001) SCHEDULE 4 (Sections 122 and 123) RATES OF DUTY ON SPIRITS 1. Spirits: $11.066 per litre of absolute ethyl alcohol contained in the spirits. 2. Spirits containing not more than 7% absolute ethyl alcohol by volume: $0.2459 per litre of spirits. ��� C. 22 Excise, 2001 — SCHEDULE 5 (Section 133) RATE OF SPECIAL DUTY ON SPIRITS Special duty on spirits: $0.12 per litre of absolute ethyl alcohol contained in the spirits. 2001-2002 Accise (2001) SCHEDULE 6 (Sections 134 and 135) RATES OF DUTY ON WINE Wine: (a) in the case of wine that contains not more than 1.2% of absolute ethyl alcohol by volume, $0.0205 per litre; (b) in the case of wine that contains more than 1.2% of absolute ethyl alcohol by volume but not more than 7% of absolute ethyl alcohol by volume, $0.2459 per litre; and (c) in the case of wine that contains more than 7% of absolute ethyl alcohol by volume, $0.5122 per litre. ��� C. 22 Excise, 2001 — SCHED (Section 362 and s ADDITIONS TO THE LIST Tariff Item Description of Goods 2204.10 - Sparkling wine 2204.10.10 - - - Of an alcoholic strength by volume not exceeding 22.9% vol 2204.10.90 - - - Other - - - Grape must with fermentation prevented or arrested by the addition of alcohol: 2204.21.41 - - - - Of alcoholic strength by volume not exceeding 22.9% vol 2204.21.49 - - - - Other 2001-2002 Accise (2001) ANNE (article 362 et pa AJOUTS À LA LISTE DES D ÁÁÁÁ ÁÁÁÁÁÁÁÁÁÁÁÁ ÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁ ÁÁÁÁ ÁÁÁÁÁÁÁÁÁÁÁÁ ÁÁÁÁ ÁÁÁÁÁÁÁÁÁÁÁÁ ÁÁÁÁ ÁÁÁÁÁÁÁÁÁÁÁÁ ÁÁÁÁ ÁÁÁÁÁÁÁÁÁÁÁÁ ÁÁÁÁ ÁÁÁÁÁÁÁÁÁÁÁÁ ÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁ ÁÁÁÁ ÁÁÁÁÁÁÁÁÁÁÁÁ ÁÁÁÁ ÁÁÁÁÁÁÁÁÁÁÁÁ ÁÁÁÁ ÁÁÁÁÁÁÁÁÁÁÁÁ ÁÁÁÁ ÁÁÁÁÁÁÁÁÁÁÁÁ ÁÁÁÁ ÁÁÁÁÁÁÁÁÁÁÁÁ ÁÁÁÁ ÁÁÁÁÁÁÁÁÁÁÁÁ ÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁ ÁÁÁÁ ÁÁÁÁÁÁÁÁÁÁÁÁ ÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁ ÁÁÁÁ ÁÁÁÁÁÁÁÁÁÁÁÁ ÁÁÁÁ ÁÁÁÁÁÁÁÁÁÁÁÁ ÁÁÁÁ ÁÁÁÁÁÁÁÁÁÁÁÁ ÁÁÁÁ ÁÁÁÁÁÁÁÁÁÁÁÁ ÁÁÁÁ ÁÁÁÁÁÁÁÁÁÁÁÁ ÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁ ÁÁÁÁ ÁÁÁÁÁÁÁÁÁÁÁÁ ÁÁÁÁ ÁÁÁÁÁÁÁÁÁÁÁÁ ÁÁÁÁ ÁÁÁÁÁÁÁÁÁÁÁÁ ÁÁÁÁ ÁÁÁÁÁÁÁÁÁÁÁÁ ÁÁÁÁ ÁÁÁÁÁÁÁÁÁÁÁÁ ÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁ Numéro tarifaire Dénomination des marchandises 2204.10 - Vins mousseux 2204.10.10 - - - D’un titre alcoométrique volumique n’excédant pas 22,9 % vol 2204.10.90 - - - Autres - - - Moûts de raisin dont la fermentation a été empêchée ou arrêtée par addition d’alcool : 2204.21.41 - - - - D’un titre alcoométrique volumique n’excédant pas 22,9 % vol 2204.21.49 - - - - Autres ��� Tariff Item C. 22 Excise, 2001 — Description of Goods - - - Grape must with fermentation prevented or arrested by the addition of alcohol: 2204.29.41 - - - - Of an alcoholic strength by volume not exceeding 22.9% vol 2204.29.49 - - - - Other 2204.30 - Other grape must 2204.30.10 - - - Of an alcoholic strength by volume not exceeding 22.9% vol 2204.30.90 - - - Other 2206.00.12 - - - - Other sparkling 2001-2002 Numéro tarifaire Accise (2001) ÁÁÁÁ ÁÁÁÁÁÁÁÁÁÁÁÁ ÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁ ÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁ ÁÁÁÁÁÁÁÁÁÁÁÁ ÁÁÁÁ ÁÁÁÁ ÁÁÁÁÁÁÁÁÁÁÁÁ ÁÁÁÁ ÁÁÁÁÁÁÁÁÁÁÁÁ ÁÁÁÁ ÁÁÁÁÁÁÁÁÁÁÁÁ ÁÁÁÁ ÁÁÁÁÁÁÁÁÁÁÁÁ ÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁ ÁÁÁÁ ÁÁÁÁÁÁÁÁÁÁÁÁ ÁÁÁÁ ÁÁÁÁÁÁÁÁÁÁÁÁ ÁÁÁÁ ÁÁÁÁÁÁÁÁÁÁÁÁ ÁÁÁÁ ÁÁÁÁÁÁÁÁÁÁÁÁ ÁÁÁÁ ÁÁÁÁÁÁÁÁÁÁÁÁ ÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁ ÁÁÁÁ ÁÁÁÁÁÁÁÁÁÁÁÁ ÁÁÁÁ ÁÁÁÁÁÁÁÁÁÁÁÁ ÁÁÁÁ ÁÁÁÁÁÁÁÁÁÁÁÁ ÁÁÁÁ ÁÁÁÁÁÁÁÁÁÁÁÁ ÁÁÁÁ ÁÁÁÁÁÁÁÁÁÁÁÁ ÁÁÁÁ ÁÁÁÁÁÁÁÁÁÁÁÁ ÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁ ÁÁÁÁ ÁÁÁÁÁÁÁÁÁÁÁÁ ÁÁÁÁ ÁÁÁÁÁÁÁÁÁÁÁÁ ÁÁÁÁ ÁÁÁÁÁÁÁÁÁÁÁÁ ÁÁÁÁ ÁÁÁÁÁÁÁÁÁÁÁÁ ÁÁÁÁ ÁÁÁÁÁÁÁÁÁÁÁÁ ÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁ ÁÁÁÁÁÁÁÁÁÁÁÁ ÁÁÁÁ ÁÁÁÁ ÁÁÁÁÁÁÁÁÁÁÁÁ ÁÁÁÁ ÁÁÁÁÁÁÁÁÁÁÁÁ ÁÁÁÁ ÁÁÁÁÁÁÁÁÁÁÁÁ ÁÁÁÁ ÁÁÁÁÁÁÁÁÁÁÁÁ ÁÁÁÁ ÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁ ÁÁÁÁÁÁÁÁÁÁÁÁ Dénomination des marchandises - - - Moûts de raisin dont la fermentation a été empêchée ou arrêtée par addition d’alcool : 2204.29.41 - - - - D’un titre alcoométrique volumique n’excédant pas 22,9 % vol 2204.29.49 - - - - Autres 2204.30 - Autres moûts de raisin 2204.30.10 - - - D’un titre alcoométrique volumique n’excédant pas 22,9 % vol 2204.30.90 - - - Autres 2206.00.12 - - - - Autres mousseux ��� Tariff Item 2206.00.18 C. 22 Excise, 2001 — Description of Goods - - - - Other cider, of an alcoholic strength by volume not not exceeding 22.9% vol - - - Perry, sparkling: 2206.00.31 - - - - Of an alcoholic strength by volume not exceeding 22.9% vol 2206.00.39 - - - - Other - - - Other wine, sparkling: 2206.00.41 - - - - Of an alcoholic strength by volume not exceeding 22.9% vol 2001-2002 Numéro tarifaire Accise (2001) ÁÁÁ ÁÁÁÁÁÁÁÁÁÁÁÁÁ ÁÁÁ ÁÁÁÁÁÁÁÁÁÁÁÁÁ ÁÁÁ ÁÁÁÁÁÁÁÁÁÁÁÁÁ ÁÁÁ ÁÁÁÁÁÁÁÁÁÁÁÁÁ ÁÁÁ ÁÁÁÁÁÁÁÁÁÁÁÁÁ ÁÁÁ ÁÁÁÁÁÁÁÁÁÁÁÁÁ ÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁ ÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁ ÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁ ÁÁÁÁÁÁÁÁÁÁÁÁÁ ÁÁÁ ÁÁÁ ÁÁÁÁÁÁÁÁÁÁÁÁÁ ÁÁÁ ÁÁÁÁÁÁÁÁÁÁÁÁÁ ÁÁÁ ÁÁÁÁÁÁÁÁÁÁÁÁÁ ÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁ ÁÁÁ ÁÁÁÁÁÁÁÁÁÁÁÁÁ ÁÁÁ ÁÁÁÁÁÁÁÁÁÁÁÁÁ ÁÁÁ ÁÁÁÁÁÁÁÁÁÁÁÁÁ ÁÁÁ ÁÁÁÁÁÁÁÁÁÁÁÁÁ ÁÁÁ ÁÁÁÁÁÁÁÁÁÁÁÁÁ ÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁ ÁÁÁ ÁÁÁÁÁÁÁÁÁÁÁÁÁ ÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁ ÁÁÁ ÁÁÁÁÁÁÁÁÁÁÁÁÁ ÁÁÁ ÁÁÁÁÁÁÁÁÁÁÁÁÁ ÁÁÁ ÁÁÁÁÁÁÁÁÁÁÁÁÁ ÁÁÁ ÁÁÁÁÁÁÁÁÁÁÁÁÁ ÁÁÁ ÁÁÁÁÁÁÁÁÁÁÁÁÁ ÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁ 2206.00.18 Dénomination des marchandises T - - - - Autres cidres, d’un titre alcoométrique volumique n’excédant pas 22,9 % vol - - - Poiré, mousseux : 2206.00.31 - - - - D’un titre alcoométrique volumique n’excédant pas 22,9 % vol 2206.00.39 - - - - Autres - - - Autres vins, mousseux : 2206.00.41 - - - - D’un titre alcoométrique volumique n’excédant pas 22,9 % vol ��� Tariff Item 2206.00.49 C. 22 Excise, 2001 — Description of Goods - - - - Other - - - Other: 2206.00.91 - - - - Mead 2206.00.92 - - - - Other, of an alcoholic strength by volume not exceeding 22.9% vol 2206.00.93 - - - - Other, of an alcoholic strength by volume exceeding 22.9% vol 2207.20.12 - - - - Denatured alcohol, within the meaning of the Excise Act, 2001 2001-2002 Accise (2001) Numéro tarifaire Dénomination des marchandises 2206.00.49 - - - - Autres ÁÁÁÁ ÁÁÁÁÁÁÁÁÁÁÁÁ ÁÁÁÁ ÁÁÁÁÁÁÁÁÁÁÁÁ ÁÁÁÁ ÁÁÁÁÁÁÁÁÁÁÁÁ ÁÁÁÁ ÁÁÁÁÁÁÁÁÁÁÁÁ ÁÁÁÁ ÁÁÁÁÁÁÁÁÁÁÁÁ ÁÁÁÁ ÁÁÁÁÁÁÁÁÁÁÁÁ ÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁ ÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁ ÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁ ÁÁÁÁÁÁÁÁÁÁÁÁ ÁÁÁÁ ÁÁÁÁ ÁÁÁÁÁÁÁÁÁÁÁÁ ÁÁÁÁ ÁÁÁÁÁÁÁÁÁÁÁÁ ÁÁÁÁ ÁÁÁÁÁÁÁÁÁÁÁÁ ÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁ ÁÁÁÁ ÁÁÁÁÁÁÁÁÁÁÁÁ ÁÁÁÁ ÁÁÁÁÁÁÁÁÁÁÁÁ ÁÁÁÁ ÁÁÁÁÁÁÁÁÁÁÁÁ ÁÁÁÁ ÁÁÁÁÁÁÁÁÁÁÁÁ ÁÁÁÁ ÁÁÁÁÁÁÁÁÁÁÁÁ ÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁ ÁÁÁÁ ÁÁÁÁÁÁÁÁÁÁÁÁ ÁÁÁÁ ÁÁÁÁÁÁÁÁÁÁÁÁ ÁÁÁÁ ÁÁÁÁÁÁÁÁÁÁÁÁ ÁÁÁÁ ÁÁÁÁÁÁÁÁÁÁÁÁ ÁÁÁÁ ÁÁÁÁÁÁÁÁÁÁÁÁ ÁÁÁÁ ÁÁÁÁÁÁÁÁÁÁÁÁ ÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁ ÁÁÁÁ ÁÁÁÁÁÁÁÁÁÁÁÁ ÁÁÁÁ ÁÁÁÁÁÁÁÁÁÁÁÁ ÁÁÁÁ ÁÁÁÁÁÁÁÁÁÁÁÁ ÁÁÁÁ ÁÁÁÁÁÁÁÁÁÁÁÁ ÁÁÁÁ ÁÁÁÁÁÁÁÁÁÁÁÁ ÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁ - - - Autres : 2206.00.91 - - - - Hydromel 2206.00.92 - - - - Autres, d’un titre alcoométrique volumique n’excédant pas 22,9 % vol 2206.00.93 - - - - Autres, d’un titre alcoométrique volumique excédant 22,9 % vol 2207.20.12 - - - - Alcool dénaturé, au sens de la Loi de 2001 sur l’accise ��� Tariff Item C. 22 Excise, 2001 — Description of Goods - - - Spirituous fruit juices of an alcoholic strength by volume not exceeding 14.3% vol: 2208.90.41 - - - - Packaged, of an alcoholic strength by volume not exceeding 7% vol 2208.90.49 - - - - Other 2001-2002 Numéro tarifaire Accise (2001) ÁÁÁ ÁÁÁÁÁÁÁÁÁÁÁÁÁ ÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁ ÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁ ÁÁÁÁÁÁÁÁÁÁÁÁÁ ÁÁÁ ÁÁÁ ÁÁÁÁÁÁÁÁÁÁÁÁÁ ÁÁÁ ÁÁÁÁÁÁÁÁÁÁÁÁÁ ÁÁÁ ÁÁÁÁÁÁÁÁÁÁÁÁÁ ÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁ ÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁ ÁÁÁÁÁÁÁÁÁÁÁÁÁ ÁÁÁ ÁÁÁ ÁÁÁÁÁÁÁÁÁÁÁÁÁ ÁÁÁ ÁÁÁÁÁÁÁÁÁÁÁÁÁ ÁÁÁ ÁÁÁÁÁÁÁÁÁÁÁÁÁ ÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁ ÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁ Dénomination des marchandises T - - - Sucs de fruits spiritueux d’un titre alcoométrique volumique n’excédant pas 14,3 % vol : 2208.90.41 - - - - Emballés, d’un titre alcoométrique volumique n’excédant pas 7 % vol 2208.90.49 - - - - Autres Published under authority of the Speaker of the House of Commons Available from: Public Works and Government Services Canada — Publishing, Ottawa, Canada K1A 0S9 ��������� ����� ������ ����� ��� ���������� �������� �������������������� ������� ������ ��� ���

First Session, Thirty-seventh Parliament, 49-50-51 Elizabeth II, 2001-2002 STATUTES OF CANADA 2002 CHAPTER 3 An Act to facilitate the implementation of those provisions of first nations’ claim settlements in the Provinces of Alberta and Saskatchewan that relate to the creation of reserves or the addition of land to existing reserves, and to make related amendments to the Manitoba Claim Settlements Implementation Act and the Saskatchewan Treaty Land Entitlement Act BILL C-37 ASSENTED TO 21st MARCH, 2002 SUMMARY This enactment creates the Claim Settlements (Alberta and Saskatchewan) Implementation Act. This new Act establishes mechanisms to facilitate the implementation of those provisions of first nations’ claim settlements in Alberta and Saskatchewan that relate to the creation of reserves or the addition of lands to existing reserves. The new Act empowers the Minister of Indian Affairs and Northern Development to set land apart as a reserve, and allows for the accommodation of third-party rights and interests in that land during the process of setting it apart as a reserve. The enactment makes related amendments to the Manitoba Claim Settlements Implementation Act to make the relevant provisions of that Act consistent with the corresponding provisions of the Claim Settlements (Alberta and Saskatchewan) Implementation Act. Finally, the enactment makes related amendments to the Saskatchewan Treaty Land Entitlement Act (a) to ensure that section 9 of that Act and the provisions of the Claim Settlements (Alberta and Saskatchewan) Implementation Act will not both apply to a given Saskatchewan treaty land entitlement settlement agreement; (b) to give legislative confirmation to any NRTA Amendment Agreements between Canada and Saskatchewan (i.e. agreements to vary the Natural Resources Transfer Agreement) that are concluded on terms similar to those of the NRTA Amendment Agreement already confirmed by section 3 of that Act; and (c) to effect minor technical changes to that Act. ��� ������������� ������������ ��� ��������� �� ��� ������������� �������� ������������� �� ��� ��������� �������� ��������������������� TABLE OF PROVISIONS AN ACT TO FACILITATE THE IMPLEMENTATION OF THOSE PROVISIONS OF FIRST NATIONS’ CLAIM SETTLEMENTS IN THE PROVINCES OF ALBERTA AND SASKATCHEWAN THAT RELATE TO THE CREATION OF RESERVES OR THE ADDITION OF LAND TO EXISTING RESERVES, AND TO MAKE RELATED AMENDMENTS TO THE MANITOBA CLAIM SETTLEMENTS IMPLEMENTATION ACT AND THE SASKATCHEWAN TREATY LAND ENTITLEMENT ACT CLAIM SETTLEMENTS (ALBERTA AND SASKATCHEWAN) IMPLEMENTATION ACT 1. Short title 2. Definitions 3. Application of Act 4. Deposit of agreements 5. Setting lands apart 6. Designation of surrendered right or interest 7. Issuance of permits by Minister RELATED AMENDMENTS 8-10. Manitoba Claim Settlements Implementation Act 11-14. Saskatchewan Treaty Land Entitlement Act SCHEDULE 49-50-51 ELIZABETH II CHAPTER 3 An Act to facilitate the implementation of those provisions of first nations’ claim settlements in the Provinces of Alberta and Saskatchewan that relate to the creation of reserves or the addition of land to existing reserves, and to make related amendments to the Manitoba Claim Settlements Implementation Act and the Saskatchewan Treaty Land Entitlement Act [Assented to 21st March, 2002] Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: CLAIM SETTLEMENTS (ALBERTA AND SASKATCHEWAN) IMPLEMENTATION ACT Short title Definitions 1. This Act may be cited as the Claim Settlements (Alberta and Saskatchewan) Implementation Act. 2. The definitions in this section apply in this Act. ‘‘council of the first nation’’ « conseil de la première nation » ‘‘council of the first nation’’ has the same meaning as the expression ‘‘council of the band’’ in the Indian Act. ‘‘first nation’’ « première nation » ‘‘first nation’’ means a band within the meaning of the Indian Act. ‘‘mines and minerals’’ « mines et minéraux » ‘‘mines and minerals’’ means mines and minerals, whether precious or base, and includes oil and gas, and royalties derived from mines and minerals, but excludes (a) in Alberta, sand and gravel that is on the surface of the land, and royalties derived from that sand and gravel; and � C. 3 Claims Settlements (Albe (b) in Saskatchewan, all sand and gravel, and royalties derived from sand and gravel. ‘‘Minister’’ « ministre » ‘‘Minister’’ means the Minister of Indian Affairs and Northern Development. ‘‘reserve’’ « réserve » ‘‘reserve’’ means a reserve within the meaning of the Indian Act. Application of Act 3. This Act applies in respect of any agreement, including amendments made to it from time to time in accordance with its provisions, to which a first nation in Alberta or Saskatchewan and Her Majesty in right of Canada are parties and by which lands are to be set apart as reserves, if (a) in the case of an agreement named in the schedule, the council of the first nation has adopted a resolution assenting to the application of this Act in relation to the agreement; or (b) the agreement provides for the application of this Act. Deposit of agreements 4. The Minister shall have a copy of each agreement to which this Act applies, and of any amendments made to it, deposited in the library of the Department of Indian Affairs and Northern Development situated in the National Capital Region and in such regional offices of that Department and other places as the Minister considers advisable. Setting lands apart 5. (1) The Minister may, in accordance with an agreement to which this Act applies, set apart as a reserve any lands the title to which is vested in Her Majesty in right of Canada. Third parties (2) Lands set apart as a reserve under this section are subject to any right or interest of a third party in the lands or in its mines and minerals if (a) the agreement contemplates the continuation of rights or interests of that kind, and any requirement of the agreement with respect to the continuation of the right or interest has been satisfied; (b) the right or interest has been granted to the third party under the Federal Real Property and Federal Immovables Act; or 2001-2002 Règlement de revendications (c) the right or interest is granted to the third party in accordance with section 6 or 7. Designation of surrendered right or interest 6. (1) If the council of a first nation has, by resolution, requested that the Minister set apart certain lands as a reserve under an agreement to which this Act applies, the first nation may, either (a) before the lands are transferred to Her Majesty in right of Canada by the first nation, by Her Majesty in right of Alberta, by Her Majesty in right of Saskatchewan or by a third party, or (b) before the lands are set apart as a reserve under section 5, designate conditionally or unconditionally, by way of a surrender to Her Majesty in right of Canada that is not absolute, any right or interest in the lands, including for the purpose of the replacement of an existing right or interest in those lands. Application of Indian Act (2) Sections 39, 40 and 41 of the Indian Act apply in respect of a designation under subsection (1), any references to the Governor in Council being read as references to the Minister. Power of the Minister (3) On the acceptance by the Minister of a designation under subsection (1), the Minister may grant the designated right or interest to a third party. Effect (4) If a designation under subsection (1) is accepted by the Minister, the designation and the granting of the right or interest by the Minister take effect at the time the lands are set apart as a reserve under section 5. Certain acts deemed to have been done under Indian Act (5) As of the time when the Minister sets apart any lands as a reserve under section 5, any right or interest in the lands that was designated by way of a surrender under subsection (1), and any resulting grant that was made under subsection (3), are deemed to have been designated or made, as the case may be, under the Indian Act. Issuance of permits by Minister 7. (1) If the council of a first nation has, by resolution, requested that the Minister set apart certain lands as a reserve under an agreement to which this Act applies, the Minister may, either � C. 3 Claims Settlements (Albe (a) before the lands are transferred to Her Majesty in right of Canada by the first nation, by Her Majesty in right of Alberta, by Her Majesty in right of Saskatchewan or by a third party, or (b) before the lands are set apart as a reserve under section 5, authorize, by permit in writing, any person for a period not exceeding one year or, with the consent of the council of the first nation, for any longer period, to occupy, use or reside on any of those lands or exercise any other right on them, including for the purpose of replacing an existing right or interest of that person in those lands. Effect (2) Rights granted by permits issued under subsection (1) take effect at the time the lands are set apart as a reserve under section 5. Certain acts deemed to have been done under Indian Act (3) As of the time when the Minister sets apart any lands as a reserve under section 5, a permit issued under subsection (1) in relation to those lands, and any consent given under that subsection, are deemed to have been issued or given, as the case may be, under the Indian Act. RELATED AMENDMENTS 2000, c. 33 Manitoba Claim Settlements Implementation Act 2001, c. 4, s. 165 8. Paragraph 11(2)(b) of the French version of the Manitoba Claim Settlements Implementation Act is replaced by the following: b) le droit ou l’intérêt a été concédé au tiers au titre de la Loi sur les immeubles fédéraux et les biens réels fédéraux; 9. Section 12 of the Act is amended by adding the following after subsection (4): Certain acts deemed to have been done under Indian Act (5) As of the time when the Minister sets apart any lands as a reserve under section 11, any right or interest in the lands that was designated by way of a surrender under 2001-2002 Règlement de revendications subsection (1), and any resulting grant that was made under subsection (3), are deemed to have been designated or made, as the case may be, under the Indian Act. 10. Section 13 of the Act is amended by adding the following after subsection (2): Certain acts deemed to have been done under Indian Act (3) As of the time when the Minister sets apart any lands as a reserve under section 11, a permit issued under subsection (1) in relation to those lands, and any consent given under that subsection, are deemed to have been issued or given, as the case may be, under the Indian Act. 1993, c. 11 Saskatchewan Treaty Land Entitlement Act 11. Paragraph (c) of the definition ‘‘band’’ in subsection 2(1) of the Saskatchewan Treaty Land Entitlement Act is replaced by the following: (c) an Indian band that is a party to an agreement to which this Act applies by virtue of subsection 11(2); 12. Section 3 of the Act is renumbered as subsection 3(1) and is amended by adding the following: Confirmation of other agreements (2) If, either before or after the coming into force of this subsection, (a) an agreement is entered into with an Indian band of Saskatchewan in settlement of a treaty land entitlement claim on the same or substantially the same basis as the Framework Agreement, and � C. 3 Claims Settlements (Albe (b) in connection with the agreement referred to in paragraph (a), the Government of Canada and the Government of Saskatchewan enter into an agreement in the same or substantially the same form as the NRTA Amendment Agreement, the agreement between the Government of Canada and the Government of Saskatchewan referred to in paragraph (b) is hereby confirmed and shall take effect according to its terms. 13. Section 9 of the Act is amended by adding the following after subsection (2): Non-application of this section (3) If a band referred to in paragraph (a) or (b) of the definition ‘‘band’’ in subsection 2(1), or the Nekaneet band, assents or agrees, under paragraph 3(a) or (b) of the Claim Settlements (Alberta and Saskatchewan) Implementation Act, to the application of that Act in relation to an agreement to which this Act applies, this section thereupon ceases to apply to that agreement in so far as the agreement affects the band so assenting or agreeing. Non-application of this section (4) If (a) an agreement is entered into with one or more Indian bands of Saskatchewan in settlement of a treaty land entitlement claim on the same or substantially the same basis as the Framework Agreement, and (b) an Indian band referred to in paragraph (a) assents or agrees, under paragraph 3(a) or (b) of the Claim Settlements (Alberta and Saskatchewan) Implementation Act, to the application of that Act in relation to the agreement referred to in paragraph (a), this section does not apply, or thereupon ceases to apply, as the case may be, to the agreement referred to in paragraph (a) in so far as the agreement affects the Indian band so assenting or agreeing. 14. Subsection 11(2) of the Act is replaced by the following: 2001-2002 Application of Act to other agreements Règlement de revendications (2) Where an agreement is entered into with an Indian band of Saskatchewan in settlement of a treaty land entitlement claim on the same or substantially the same basis as the Framework Agreement, the Minister shall, having regard to subsection 9(4), cause a notice to be published in the Canada Gazette confirming the extent to which this Act applies to that agreement. � C. 3 Claims Settlements (Alberta and SCHEDULE (Paragraph 3(a)) Agreement entered into by the White Bear Band, dated January 30 and 31, 1986 Agreement entered into by the Peigan Band of Indians, dated April 21, 1987 Agreement entered into by the Woodland Cree Indian Band No. 474, dated August 20, 1991 Agreement entered into by the Kawacatoose Band, dated November 5, 1991 Agreement entered into by the Sakimay Band, dated March 11, 1992 Agreement entered into by the Kahkewistahaw Band of Indians, dated March 13, 1992 Agreement entered into by the Keeseekoose, Muskowekwan, Ochapowace, Okanese, Piapot, Star Blanket, Yellowquill, Beardy’s & Okemasis, Flying Dust, Little Pine, Moosomin, Mosquito Grizzly Bear’s Head, Muskeg Lake, One Arrow, Pelican Lake, Red Pheasant, Saulteaux, Sweetgrass, Thunderchild, Witchekan Lake, Canoe Lake and English River bands, dated September 22, 1992 and adhered to by the Onion Lake Band on October 26, 1992, by the Poundmaker Band on November 24, 1992 and by the Peter Ballantyne Band on February 25, 1993 Agreement entered into by the Nekaneet Band, dated September 23, 1992 Agreement entered into by the Janvier Indian Band No. 470, dated March 25, 1993 Agreement entered into by the Piapot Band, dated March 18, 1995 Agreement entered into by the Alexis Indian Band No. 437, dated March 23, 1995 Agreement entered into by the Ochapowace Band, dated March 30, 1995 Agreement entered into by the Carry the Kettle, Cote, Cowessess, Day Star, Fishing Lake, Gordon, Kahkewistahaw, Kawacatoose, Keeseekoose, Key Band, Kinistin, Little Black Bear, Muscowpetung, Muskowekwan, Nekaneet, Oceanman, Ochapowace, Okanese, Pasqua, Peepeekisis, Pheasant Rump, Piapot, Sakimay, Star Blanket, White Bear and Yellowquill bands, dated September 14, 1995 Agreement entered into by the Cowessess Band, dated March 14, 1996 Agreement entered into by the Carry the Kettle First Nation, dated March 29, 1996 Agreement entered into by the Little Black Bear Band, dated May 17, 1996 Agreement entered into by the Kainaiwa Tribe (also known as the Blood Tribe), dated November 7, 1996 Agreement entered into by the Alexander Indian Band No. 438 (also known as the Alexander First Nation), dated March 24, 1998 2001-2002 Règlement de revendicaitons (Albe Agreement entered into by the Loon River Cree Indian Band No. 476, dated February 5, 1999 Agreement entered into by the Smith’s Landing First Nation, dated March 31, 2000 Agreement entered into by the Kawacatoose Band, dated October 20, 2000 Agreement entered into by the Horse Lake First Nation, dated November 23, 2000 Agreement entered into by the Fishing Lake First Nation, dated January 5, 2001 Agreement entered into by the Mistawasis First Nation, dated January 9, 2001 Published under authority of the Speaker of the House of Commons Available from: Public Works and Government Services Canada — Publishing, Ottawa, Canada K1A 0S9 ��������� ����� ������ ����� ��� ���������� �������� �������������������� ������� ������ ��� ���

First Session, T hirty-seventh Parliament, 49-50-51 E lizabeth II, 2001-2002 STATUTESOF CANADA 2002 CHAPTER 2 A n A ct respecting Sir J ohn A . M acdonald D ay and Sir W ilfrid L aurier D ay Lo BILL S-14 PR ASSENTED TO 21st MARCH, 2002 SA S U M M A RY T his enactment designates the 11th day of J anuary in each and every year as “Sir J ohn A . M acdonald D ay” and the 20th day of N ovember in each and every year as “Sir W ilfrid L aurier D ay”. All parliamentary publications are available on the Parliamentary Internet Parlementaire at the following address: http://www.parl.gc.ca e 49-50-51ELIZABETH II CHAPTER 2 A n A ct respecting Sir J ohn A . M acdonald D ay and Sir W ilfrid L aurier D ay Lo [A ssented to 21st M arch, 2002] W H E R E A S Sir J ohn A lexander M acdonald was born on J anuary 11, 1815; A N D W H E R E A S he was one of the founders of C onfederation; A N D W H E R E A S he was the first Prime M inister of C anada; A N D W H E R E A S Sir W ilfrid L aurier was born on N ovember 20, 1841; A N D W H E R E A S he was Prime M inister of C anada from 1896 to 1911; A N D W H E R E A S he was the first Prime M inister of French ancestry and a fervent promoter of national unity; H er M ajesty, by and with the advice and consent of the Senate and H ouse of C ommons of C anada, enacts as follows: m ne SH ORT T IT L E Short title 1. T his A ct may be cited as the Sir J ohn A . M acdonald D ay and the Sir Wilfrid L aurier D ay A ct. et SIR J OH N A . M A C D ON A L D D AY Sir J ohn A . M acdonald D ay 2. T hroughout C anada, in each and every year, the 11th day of J anuary shall be known under the name of “Sir J ohn A . M acdonald D ay”. vi «J C. 2 Sir J ohn A . M acdonald D ay and the S SIR W IL F R ID L A U R IE R D AY Sir W ilfrid L aurier D ay 3. T hroughout C anada, in each and every year, the twentieth day of N ovember shall be known under the name of “Sir W ilfrid L aurier D ay”. no «J Published under authority of the Senate of C anada Pu Available from: Public Works and G overnment Services C anada — Publishing, Ottawa, C anada K 1A 0S9 En Tra Ot

First Session, Thirty-seventh Parliament, 49-50-51 Elizabeth II, 2001-2002 STATUTES OF CANADA 2002 CHAPTER 1 An Act in respect of criminal justice for young persons and to amend and repeal other Acts BILL C-7 ASSENTED TO 19th FEBRUARY, 2002 RECOMMENDATION Her Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled ‘‘An Act in respect of criminal justice for young persons and to amend and repeal other Acts’’. SUMMARY This enactment repeals and replaces the Young Offenders Act and provides principles, procedures and protections for the prosecution of young persons under criminal and other federal laws. This enactment sets out a range of extrajudicial measures, establishes the judicial procedures and protections for young persons alleged to have committed an offence, encourages the participation of parents, victims, communities, youth justice committees and others in the youth justice system, sets out a range of sentences available to the youth justice court, establishes custody and supervision provisions, sets out the rules for the keeping of records and protection of privacy, provides transitional provisions and makes consequential amendments to other Acts. ��� ������������� ������������ ��� ��������� �� ��� ������������� �������� ������������� �� ��� ��������� �������� ��������������������� TABLE OF PROVISIONS AN ACT IN RESPECT OF CRIMINAL JUSTICE FOR YOUNG PERSONS AND TO AMEND AND REPEAL OTHER ACTS Preamble SHORT TITLE 1. Short title INTERPRETATION 2. Definitions 3. Policy for Canada with respect to young persons DECLARATION OF PRINCIPLE PART 1 EXTRAJUDICIAL MEASURES Principles and Objectives 4. Declaration of principles 5. Objectives Warnings, Cautions and Referrals 6. Warnings, cautions and referrals 7. Police cautions 8. Crown cautions 9. Evidence of measures is inadmissible Extrajudicial Sanctions 10. Extrajudicial sanctions 11. Notice to parent 12. Victim’s right to information PART 2 ORGANIZATION OF YOUTH CRIMINAL JUSTICE SYSTEM Youth Justice Court 13. Designation of youth justice court 14. Exclusive jurisdiction of youth justice court 15. Contempt against youth justice court 16. Status of offender uncertain �� 17. Youth justice court may make rules Youth Justice Committees 18. Youth justice committees Conferences 19. Conferences may be convened Justices of the Peace 20. Certain proceedings may be taken before justices Clerks of the Court 21. Powers of clerks 22. Powers, duties and functions of provincial directors Provincial Directors PART 3 JUDICIAL MEASURES Consent to Prosecute 23. Pre-charge screening 24. Private prosecutions Right to Counsel 25. Right to counsel Notices to Parents 26. Notice in case of arrest or detention 27. Order requiring attendance of parent Detention before Sentencing 28. Application of Part XVI of Criminal Code 29. Detention as social measure prohibited 30. Designated place of temporary detention 31. Placement of young person in care of responsible person Appearance 32. Appearance before judge or justice Release from or Detention in Custody 33. Application for release from or detention in custody 34. Medical or psychological assessment Medical and Psychological Reports Referral to Child Welfare Agency 35. Referral to child welfare agency Adjudication 36. When young person pleads guilty �� Appeals 37. Appeals PART 4 SENTENCING Purpose and Principles 38. Purpose 39. Committal to custody Pre-sentence Report 40. Pre-sentence report Youth Sentences 41. Recommendation of conference 42. Considerations as to youth sentence 43. Additional youth sentences 44. Custodial portion if additional youth sentence 45. 46. Supervision when additional youth sentence extends the period in custody Exception when youth sentence in respect of earlier offence 47. Committal to custody deemed continuous 48. Reasons for the sentence 49. Warrant of committal 50. Application of Part XXIII of Criminal Code 51. Mandatory prohibition order 52. Review of order made under section 51 53. Funding for victims 54. Where a fine or other payment is ordered 55. Conditions that must appear in orders 56. Communication of order 57. Transfer of youth sentence 58. Interprovincial arrangements 59. Review of youth sentences not involving custody 60. Provisions applicable to youth sentences on review 61. Age for purpose of presumptive offences 62. Imposition of adult sentence 63. Application by young person 64. Application by Attorney General Adult Sentence and Election �� 65. Presumption does not apply 66. No election if youth sentence 67. Election — adult sentence 68. Proof of notice under subsection 64(4) 69. Paragraph (a) ‘‘presumptive offence’’ — included offences 70. Inquiry by court to young person 71. Hearing — adult sentences 72. Test — adult sentences 73. Court must impose adult sentence 74. Application of Parts XXIII and XXIV of Criminal Code 75. Inquiry by the court to the young person 76. Placement when subject to adult sentence 77. Obligation to inform — parole 78. Release entitlement 79. If person convicted under another Act 80. If person who is serving a sentence under another Act is sentenced to an adult sentence Procedure for application or notice 81. Effect of Termination of Youth Sentence 82. Effect of absolute discharge or termination of youth sentence PART 5 83. CUSTODY AND SUPERVISION Purpose 84. Young person to be held apart from adults 85. Levels of custody 86. Procedural safeguards 87. Review 88. Functions to be exercised by youth justice court 89. Exception if young person is twenty years old or older 90. Youth worker 91. Reintegration leave 92. Transfer to adult facility 93. When young person reaches twenty years of age 94. Annual review 95. Orders are youth sentences 96. Recommendation of provincial director for conditional supervision of young person � 97. Conditions to be included in custody and supervision order 98. Application for continuation of custody 99. Report 100. Reasons 101. Review of youth justice court decision 102. Breach of conditions 103. Review by youth justice court 104. Continuation of custody 105. Conditional supervision 106. Suspension of conditional supervision 107. Apprehension 108. Review by provincial director 109. Review by youth justice court PART 6 PUBLICATION, RECORDS AND INFORMATION Protection of Privacy of Young Persons 110. Identity of offender not to be published 111. Identity of victim or witness not to be published 112. Non-application Fingerprints and Photographs 113. Identification of Criminals Act applies Records That May Be Kept 114. Youth justice court, review board and other courts 115. Police records 116. Government records 117. Exception — adult sentence 118. No access unless authorized 119. Persons having access to records 120. Access to R.C.M.P. records 121. Deemed election 122. Disclosure of information and copies of record 123. Where records may be made available 124. Access to record by young person 125. Disclosure by peace officer during investigation 126. Records in the custody, etc., of archivists 127. Disclosure with court order Access to Records Disclosure of Information in a Record � Disposition or Destruction of Records and Prohibition on Use and Disclosure 128. Effect of end of access periods 129. No subsequent disclosure PART 7 GENERAL PROVISIONS Disqualification of Judge 130. Disqualification of judge Substitution of Judge 131. Powers of substitute youth justice court judge Exclusion from Hearing 132. Exclusion from hearing 133. Transfer of charges Transfer of Charges Forfeiture of Recognizances 134. Applications for forfeiture of recognizances 135. Proceedings in case of default 136. Inducing a young person, etc. 137. Failure to comply with sentence or disposition 138. Offences 139. Offence and punishment Offences and Punishment Application of Criminal Code 140. Application of Criminal Code 141. Sections of Criminal Code applicable 142. Part XXVII and summary conviction trial provisions of Criminal Code to apply Procedure 143. Counts charged in information 144. Issue of subpoena 145. Warrant 146. General law on admissibility of statements to apply 147. Statements not admissible against young person 148. Testimony of a parent 149. Admissions 150. Material evidence Evidence �� 151. Evidence of a child or young person 152. Proof of service 153. Seal not required Forms, Regulations and Rules of Court 154. Forms 155. Regulations 156. Agreements with provinces Agreements with Provinces Programs 157. Community-based programs PART 8 TRANSITIONAL PROVISIONS 158. Prohibition on proceedings 159. Proceedings commenced under Young Offenders Act 160. Offences committed before this section in force 161. Applicable sentence 162. Proceedings commence with information 163. Application to delinquency and other offending behaviour 164. Agreements continue in force 165. Designation of youth justice court PART 9 CONSEQUENTIAL AMENDMENTS, REPEAL AND COMING INTO FORCE Consequential Amendments 166. Canada Evidence Act 167-170. Contraventions Act 171-174. Corrections and Conditional Release Act 175-186. Criminal Code 187-189. DNA Identification Act 190-194. Extradition Act 195. Mutual Legal Assistance in Criminal Matters Act 196-197. 198. Prisons and Reformatories Act Transfer of Offenders Act Repeal 199. Repeal of R.S., c. Y-1 �� Coming into Force 200. Coming into force SCHEDULE 49-50-51 ELIZABETH II CHAPTER 1 An Act in respect of criminal justice for young persons and to amend and repeal other Acts [Assented to 19th February, 2002] Preamble WHEREAS members of society share a responsibility to address the developmental challenges and the needs of young persons and to guide them into adulthood; WHEREAS communities, families, parents and others concerned with the development of young persons should, through multi-disciplinary approaches, take reasonable steps to prevent youth crime by addressing its underlying causes, to respond to the needs of young persons, and to provide guidance and support to those at risk of committing crimes; WHEREAS information about youth justice, youth crime and the effectiveness of measures taken to address youth crime should be publicly available; WHEREAS Canada is a party to the United Nations Convention on the Rights of the Child and recognizes that young persons have rights and freedoms, including those stated in the Canadian Charter of Rights and Freedoms and the Canadian Bill of Rights, and have special guarantees of their rights and freedoms; AND WHEREAS Canadian society should have a youth criminal justice system that commands respect, takes into account the interests of victims, fosters responsibility and ensures accountability through meaningful consequences and effective rehabilitation and reintegration, and that reserves its most serious intervention for the most serious crimes and reduces the over-reliance on incarceration for non-violent young persons; NOW, THEREFORE, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: � C. 1 Youth Crimi SHORT TITLE Short title 1. This Act may be cited as the Youth Criminal Justice Act. INTERPRETATION Definitions 2. (1) The definitions in this subsection apply in this Act. ‘‘adult’’ « adulte » ‘‘adult’’ means a person who is neither a young person nor a child. ‘‘adult sentence’’ « peine applicable aux adultes » ‘‘adult sentence’’, in the case of a young person who is found guilty of an offence, means any sentence that could be imposed on an adult who has been convicted of the same offence. ‘‘Attorney General’’ « procureur général » ‘‘Attorney General’’ means the Attorney General as defined in section 2 of the Criminal Code, read as if the reference in that definition to ‘‘proceedings’’ were a reference to ‘‘proceedings or extrajudicial measures’’, and includes an agent or delegate of the Attorney General. ‘‘child’’ « enfant » ‘‘child’’ means a person who is or, in the absence of evidence to the contrary, appears to be less than twelve years old. ‘‘conference’’ « groupe consultatif » ‘‘conference’’ means a group of persons who are convened to give advice in accordance with section 19. ‘‘confirmed delivery service’’ « service de messagerie » ‘‘confirmed delivery service’’ means certified or registered mail or any other method of service that provides proof of delivery. ‘‘custodial portion’’ « période de garde » ‘‘custodial portion’’, with respect to a youth sentence imposed on a young person under paragraph 42(2)(n), (o), (q) or (r), means the period of time, or the portion of the young person’s youth sentence, that must be served in custody before he or she begins to serve the remainder under supervision in the community subject to conditions under paragraph 42(2)(n) or under conditional supervision under paragraph 42(2)(o), (q) or (r). 2001-2002 Justice pénale pou ‘‘disclosure’’ « communication » ‘‘disclosure’’ means the communication of information other than by way of publication. ‘‘extrajudicial measures’’ « mesures extrajudiciaires » ‘‘extrajudicial measures’’ means measures other than judicial proceedings under this Act used to deal with a young person alleged to have committed an offence and includes extrajudicial sanctions. ‘‘extrajudicial sanction’’ « sanction extrajudiciaire » ‘‘extrajudicial sanction’’ means a sanction that is part of a program referred to in section 10. ‘‘offence’’ « infraction » ‘‘offence’’ means an offence created by an Act of Parliament or by any regulation, rule, order, by-law or ordinance made under an Act of Parliament other than an ordinance of the Yukon Territory or the Northwest Territories or a law of the Legislature for Nunavut. ‘‘parent’’ « père ou mère » ou « père et mère » ‘‘parent’’ includes, in respect of a young person, any person who is under a legal duty to provide for the young person or any person who has, in law or in fact, the custody or control of the young person, but does not include a person who has the custody or control of the young person by reason only of proceedings under this Act. ‘‘pre-sentence report’’ « rapport prédécisionnel » ‘‘pre-sentence report’’ means a report on the personal and family history and present environment of a young person made in accordance with section 40. ‘‘presumptive offence’’ « infraction désignée » ‘‘presumptive offence’’ means (a) an offence committed, or alleged to have been committed, by a young person who has attained the age of fourteen years, or, in a province where the lieutenant governor in council has fixed an age greater than fourteen years under section 61, the age so fixed, under one of the following provisions of the Criminal Code: (i) section 231 or 235 (first degree murder or second degree murder within the meaning of section 231), (ii) section 239 (attempt to commit murder), � C. 1 Youth Crimi (iii) section 232, 234 or 236 (manslaughter), or (iv) section 273 (aggravated sexual assault); or (b) a serious violent offence for which an adult is liable to imprisonment for a term of more than two years committed, or alleged to have been committed, by a young person after the coming into force of section 62 (adult sentence) and after the young person has attained the age of fourteen years, or, in a province where the lieutenant governor in council has fixed an age greater than fourteen years under section 61, the age so fixed, if at the time of the commission or alleged commission of the offence at least two judicial determinations have been made under subsection 42(9), at different proceedings, that the young person has committed a serious violent offence. ‘‘provincial director’’ « directeur provincial » ou « directeur » ‘‘provincial director’’ means a person, a group or class of persons or a body appointed or designated by or under an Act of the legislature of a province or by the lieutenant governor in council of a province or his or her delegate to perform in that province, either generally or in a specific case, any of the duties or functions of a provincial director under this Act. ‘‘publication’’ « publication » ‘‘publication’’ means the communication of information by making it known or accessible to the general public through any means, including print, radio or television broadcast, telecommunication or electronic means. ‘‘record’’ « dossier » ‘‘record’’ includes any thing containing information, regardless of its physical form or characteristics, including microform, sound recording, videotape, machine-readable record, and any copy of any of those things, that is created or kept for the purposes of this Act or for the investigation of an offence that is or could be prosecuted under this Act. ‘‘review board’’ « commission d’examen » ‘‘review board’’ means a review board referred to in subsection 87(2). 2001-2002 Justice pénale pou ‘‘serious violent offence’’ « infraction grave avec violence » ‘‘serious violent offence’’ means an offence in the commission of which a young person causes or attempts to cause serious bodily harm. ‘‘young person’’ « adolescent » ‘‘young person’’ means a person who is or, in the absence of evidence to the contrary, appears to be twelve years old or older, but less than eighteen years old and, if the context requires, includes any person who is charged under this Act with having committed an offence while he or she was a young person or who is found guilty of an offence under this Act. ‘‘youth custody facility’’ « lieu de garde » ‘‘youth custody facility’’ means a facility designated under subsection 85(2) for the placement of young persons and, if so designated, includes a facility for the secure restraint of young persons, a community residential centre, a group home, a child care institution and a forest or wilderness camp. ‘‘youth justice court’’ « tribunal pour adolescents » ‘‘youth justice court’’ means a youth justice court referred to in section 13. ‘‘youth justice court judge’’ « juge du tribunal pour adolescents » ‘‘youth justice court judge’’ means a youth justice court judge referred to in section 13. ‘‘youth sentence’’ « peine spécifique » ‘‘youth sentence’’ means a sentence imposed under section 42, 51 or 59 or any of sections 94 to 96 and includes a confirmation or a variation of that sentence. ‘‘youth worker’’ « délégué à la jeunesse » ‘‘youth worker’’ means any person appointed or designated, whether by title of youth worker or probation officer or by any other title, by or under an Act of the legislature of a province or by the lieutenant governor in council of a province or his or her delegate to perform in that province, either generally or in a specific case, any of the duties or functions of a youth worker under this Act. Words and expressions (2) Unless otherwise provided, words and expressions used in this Act have the same meaning as in the Criminal Code. � Descriptive cross-references C. 1 Youth Crimi (3) If, in any provision of this Act, a reference to another provision of this Act or a provision of any other Act is followed by words in parentheses that are or purport to be descriptive of the subject-matter of the provision referred to, those words form no part of the provision in which they occur but are inserted for convenience of reference only. DECLARATION OF PRINCIPLE Policy for Canada with respect to young persons 3. (1) The following principles apply in this Act: (a) the youth criminal justice system is intended to (i) prevent crime by addressing the circumstances underlying a young person’s offending behaviour, (ii) rehabilitate young persons who commit offences and reintegrate them into society, and (iii) ensure that a young person is subject to meaningful consequences for his or her offence in order to promote the long-term protection of the public; (b) the criminal justice system for young persons must be separate from that of adults and emphasize the following: (i) rehabilitation and reintegration, (ii) fair and proportionate accountability that is consistent with the greater dependency of young persons and their reduced level of maturity, (iii) enhanced procedural protection to ensure that young persons are treated fairly and that their rights, including their right to privacy, are protected, (iv) timely intervention that reinforces the link between the offending behaviour and its consequences, and (v) the promptness and speed with which persons responsible for enforcing this Act must act, given young persons’ perception of time; 2001-2002 Justice pénale pou (c) within the limits of fair and proportionate accountability, the measures taken against young persons who commit offences should (i) reinforce respect for societal values, (ii) encourage the repair of harm done to victims and the community, (iii) be meaningful for the individual young person given his or her needs and level of development and, where appropriate, involve the parents, the extended family, the community and social or other agencies in the young person’s rehabilitation and reintegration, and (iv) respect gender, ethnic, cultural and linguistic differences and respond to the needs of aboriginal young persons and of young persons with special requirements; and (d) special considerations apply in respect of proceedings against young persons and, in particular, (i) young persons have rights and freedoms in their own right, such as a right to be heard in the course of and to participate in the processes, other than the decision to prosecute, that lead to decisions that affect them, and young persons have special guarantees of their rights and freedoms, (ii) victims should be treated with courtesy, compassion and respect for their dignity and privacy and should suffer the minimum degree of inconvenience as a result of their involvement with the youth criminal justice system, (iii) victims should be provided with information about the proceedings and given an opportunity to participate and be heard, and (iv) parents should be informed of measures or proceedings involving their children and encouraged to support them in addressing their offending behaviour. � Act to be liberally construed C. 1 Youth Crimi (2) This Act shall be liberally construed so as to ensure that young persons are dealt with in accordance with the principles set out in subsection (1). PART 1 EXTRAJUDICIAL MEASURES Principles and Objectives Declaration of principles 4. The following principles apply in this Part in addition to the principles set out in section 3: (a) extrajudicial measures are often the most appropriate and effective way to address youth crime; (b) extrajudicial measures allow for effective and timely interventions focused on correcting offending behaviour; (c) extrajudicial measures are presumed to be adequate to hold a young person accountable for his or her offending behaviour if the young person has committed a non-violent offence and has not previously been found guilty of an offence; and (d) extrajudicial measures should be used if they are adequate to hold a young person accountable for his or her offending behaviour and, if the use of extrajudicial measures is consistent with the principles set out in this section, nothing in this Act precludes their use in respect of a young person who (i) has previously been dealt with by the use of extrajudicial measures, or (ii) has previously been found guilty of an offence. Objectives 5. Extrajudicial measures should be designed to (a) provide an effective and timely response to offending behaviour outside the bounds of judicial measures; (b) encourage young persons to acknowledge and repair the harm caused to the victim and the community; (c) encourage families of young persons — including extended families where 2001-2002 Justice pénale pou appropriate — and the community to become involved in the design and implementation of those measures; (d) provide an opportunity for victims to participate in decisions related to the measures selected and to receive reparation; and (e) respect the rights and freedoms of young persons and be proportionate to the seriousness of the offence. Warnings, Cautions and Referrals Warnings, cautions and referrals 6. (1) A police officer shall, before starting judicial proceedings or taking any other measures under this Act against a young person alleged to have committed an offence, consider whether it would be sufficient, having regard to the principles set out in section 4, to take no further action, warn the young person, administer a caution, if a program has been established under section 7, or, with the consent of the young person, refer the young person to a program or agency in the community that may assist the young person not to commit offences. Saving (2) The failure of a police officer to consider the options set out in subsection (1) does not invalidate any subsequent charges against the young person for the offence. Police cautions 7. The Attorney General, or any other minister designated by the lieutenant governor of a province, may establish a program authorizing the police to administer cautions to young persons instead of starting judicial proceedings under this Act. Crown cautions 8. The Attorney General may establish a program authorizing prosecutors to administer cautions to young persons instead of starting or continuing judicial proceedings under this Act. Evidence of measures is inadmissible 9. Evidence that a young person has received a warning, caution or referral mentioned in section 6, 7 or 8 or that a police officer has taken no further action in respect of an offence, and evidence of the offence, is inadmissible for the purpose of proving prior offending behaviour in any proceedings before a youth justice court in respect of the young person. �� C. 1 Youth Crimi Extrajudicial Sanctions Extrajudicial sanctions 10. (1) An extrajudicial sanction may be used to deal with a young person alleged to have committed an offence only if the young person cannot be adequately dealt with by a warning, caution or referral mentioned in section 6, 7 or 8 because of the seriousness of the offence, the nature and number of previous offences committed by the young person or any other aggravating circumstances. Conditions (2) An extrajudicial sanction may be used only if (a) it is part of a program of sanctions that may be authorized by the Attorney General or authorized by a person, or a member of a class of persons, designated by the lieutenant governor in council of the province; (b) the person who is considering whether to use the extrajudicial sanction is satisfied that it would be appropriate, having regard to the needs of the young person and the interests of society; (c) the young person, having been informed of the extrajudicial sanction, fully and freely consents to be subject to it; (d) the young person has, before consenting to be subject to the extrajudicial sanction, been advised of his or her right to be represented by counsel and been given a reasonable opportunity to consult with counsel; (e) the young person accepts responsibility for the act or omission that forms the basis of the offence that he or she is alleged to have committed; (f) there is, in the opinion of the Attorney General, sufficient evidence to proceed with the prosecution of the offence; and (g) the prosecution of the offence is not in any way barred at law. Restriction on use (3) An extrajudicial sanction may not be used in respect of a young person who (a) denies participation or involvement in the commission of the offence; or 2001-2002 Justice pénale pou (b) expresses the wish to have the charge dealt with by a youth justice court. Admissions not admissible in evidence (4) Any admission, confession or statement accepting responsibility for a given act or omission that is made by a young person as a condition of being dealt with by extrajudicial measures is inadmissible in evidence against any young person in civil or criminal proceedings. No bar to judicial proceedings (5) The use of an extrajudicial sanction in respect of a young person alleged to have committed an offence is not a bar to judicial proceedings under this Act, but if a charge is laid against the young person in respect of the offence, (a) the youth justice court shall dismiss the charge if it is satisfied on a balance of probabilities that the young person has totally complied with the terms and conditions of the extrajudicial sanction; and (b) the youth justice court may dismiss the charge if it is satisfied on a balance of probabilities that the young person has partially complied with the terms and conditions of the extrajudicial sanction and if, in the opinion of the court, prosecution of the charge would be unfair having regard to the circumstances and the young person’s performance with respect to the extrajudicial sanction. Laying of information, etc. (6) Subject to subsection (5) and section 24 (private prosecutions only with consent of Attorney General), nothing in this section shall be construed as preventing any person from laying an information or indictment, obtaining the issue or confirmation of any process or proceeding with the prosecution of any offence in accordance with law. Notice to parent 11. If a young person is dealt with by an extrajudicial sanction, the person who administers the program under which the sanction is used shall inform a parent of the young person of the sanction. Victim’s right to information 12. If a young person is dealt with by an extrajudicial sanction, a police officer, the Attorney General, the provincial director or any organization established by a province to �� C. 1 Youth Crimi provide assistance to victims shall, on request, inform the victim of the identity of the young person and how the offence has been dealt with. PART 2 ORGANIZATION OF YOUTH CRIMINAL JUSTICE SYSTEM Youth Justice Court Designation of youth justice court Deemed youth justice court Deemed youth justice court Court of record Exclusive jurisdiction of youth justice court 13. (1) A youth justice court is any court that may be established or designated by or under an Act of the legislature of a province, or designated by the Governor in Council or the lieutenant governor in council of a province, as a youth justice court for the purposes of this Act, and a youth justice court judge is a person who may be appointed or designated as a judge of the youth justice court or a judge sitting in a court established or designated as a youth justice court. (2) When a young person elects to be tried by a judge without a jury, the judge shall be a judge as defined in section 552 of the Criminal Code, or if it is an offence set out in section 469 of that Act, the judge shall be a judge of the superior court of criminal jurisdiction in the province in which the election is made. In either case, the judge is deemed to be a youth justice court judge and the court is deemed to be a youth justice court for the purpose of the proceeding. (3) When a young person elects or is deemed to have elected to be tried by a court composed of a judge and jury, the superior court of criminal jurisdiction in the province in which the election is made or deemed to have been made is deemed to be a youth justice court for the purpose of the proceeding, and the superior court judge is deemed to be a youth justice court judge. (4) A youth justice court is a court of record. 14. (1) Despite any other Act of Parliament but subject to the Contraventions Act and the National Defence Act, a youth justice court has exclusive jurisdiction in respect of any offence alleged to have been committed by a person while he or she was a young person, 2001-2002 Justice pénale pou and that person shall be dealt with as provided in this Act. Orders (2) A youth justice court has jurisdiction to make orders against a young person under sections 810 (recognizance — fear of injury or damage), 810.01 (recognizance — fear of criminal organization offence) and 810.2 (recognizance — fear of serious personal injury offence) of the Criminal Code. If the young person fails or refuses to enter into a recognizance referred to in any of those sections, the court may impose any one of the sanctions set out in subsection 42(2) (youth sentences) except that, in the case of an order under paragraph 42(2)(n) (custody and supervision order), it shall not exceed thirty days. Prosecution prohibited (3) Unless the Attorney General and the young person agree, no extrajudicial measures shall be taken or judicial proceedings commenced under this Act in respect of an offence after the end of the time limit set out in any other Act of Parliament or any regulation made under it for the institution of proceedings in respect of that offence. Continuation of proceedings (4) Extrajudicial measures taken or judicial proceedings commenced under this Act against a young person may be continued under this Act after the person attains the age of eighteen years. Young persons over the age of eighteen years (5) This Act applies to persons eighteen years old or older who are alleged to have committed an offence while a young person. Powers of youth justice court judge (6) For the purpose of carrying out the provisions of this Act, a youth justice court judge is a justice and a provincial court judge and has the jurisdiction and powers of a summary conviction court under the Criminal Code. Powers of a judge of a superior court (7) A judge of a superior court of criminal jurisdiction, when deemed to be a youth justice court judge for the purpose of a proceeding, retains the jurisdiction and powers of a superior court of criminal jurisdiction. �� C. 1 Youth Crimi Contempt against youth justice court 15. (1) Every youth justice court has the same power, jurisdiction and authority to deal with and impose punishment for contempt against the court as may be exercised by the superior court of criminal jurisdiction of the province in which the court is situated. Jurisdiction of youth justice court (2) A youth justice court has jurisdiction in respect of every contempt of court committed by a young person against the youth justice court whether or not committed in the face of the court, and every contempt of court committed by a young person against any other court otherwise than in the face of that court. Concurrent jurisdiction of youth justice court (3) A youth justice court has jurisdiction in respect of every contempt of court committed by a young person against any other court in the face of that court and every contempt of court committed by an adult against the youth justice court in the face of the youth justice court, but nothing in this subsection affects the power, jurisdiction or authority of any other court to deal with or impose punishment for contempt of court. Youth sentence — contempt (4) When a youth justice court or any other court finds a young person guilty of contempt of court, it may impose as a youth sentence any one of the sanctions set out in subsection 42(2) (youth sentences), or any number of them that are not inconsistent with each other, but no other sentence. Section 708 of Criminal Code applies in respect of adults (5) Section 708 (contempt) of the Criminal Code applies in respect of proceedings under this section in youth justice court against adults, with any modifications that the circumstances require. Status of offender uncertain 16. When a person is alleged to have committed an offence during a period that includes the date on which the person attains the age of eighteen years, the youth justice court has jurisdiction in respect of the offence and shall, after putting the person to their election under section 67 (adult sentence) if applicable, and on finding the person guilty of the offence, (a) if it has been proven that the offence was committed before the person attained the age of eighteen years, impose a sentence under this Act; 2001-2002 Justice pénale pou (b) if it has been proven that the offence was committed after the person attained the age of eighteen years, impose any sentence that could be imposed under the Criminal Code or any other Act of Parliament on an adult who has been convicted of the same offence; and (c) if it has not been proven that the offence was committed after the person attained the age of eighteen years, impose a sentence under this Act. Youth justice court may make rules Rules of court 17. (1) The youth justice court for a province may, subject to the approval of the lieutenant governor in council of the province, establish rules of court not inconsistent with this Act or any other Act of Parliament or with any regulations made under section 155 regulating proceedings within the jurisdiction of the youth justice court. (2) Rules under subsection (1) may be made (a) generally to regulate the duties of the officers of the youth justice court and any other matter considered expedient to attain the ends of justice and carry into effect the provisions of this Act; (b) subject to any regulations made under paragraph 155(b), to regulate the practice and procedure in the youth justice court; and (c) to prescribe forms to be used in the youth justice court if they are not otherwise provided for by or under this Act. Publication of rules (3) Rules of court that are made under the authority of this section shall be published in the appropriate provincial gazette. Youth Justice Committees Youth justice committees 18. (1) The Attorney General of Canada or a province or any other minister that the lieutenant governor in council of the province may designate may establish one or more committees of citizens, to be known as youth justice committees, to assist in any aspect of the administration of this Act or in any programs or services for young persons. �� Role of committee C. 1 Youth Crimi (2) The functions of a youth justice committee may include the following: (a) in the case of a young person alleged to have committed an offence, (i) giving advice on the appropriate extrajudicial measure to be used in respect of the young person, (ii) supporting any victim of the alleged offence by soliciting his or her concerns and facilitating the reconciliation of the victim and the young person, (iii) ensuring that community support is available to the young person by arranging for the use of services from within the community, and enlisting members of the community to provide short-term mentoring and supervision, and (iv) when the young person is also being dealt with by a child protection agency or a community group, helping to coordinate the interaction of the agency or group with the youth criminal justice system; (b) advising the federal and provincial governments on whether the provisions of this Act that grant rights to young persons, or provide for the protection of young persons, are being complied with; (c) advising the federal and provincial governments on policies and procedures related to the youth criminal justice system; (d) providing information to the public in respect of this Act and the youth criminal justice system; (e) acting as a conference; and (f) any other functions assigned by the person who establishes the committee. Conferences Conferences may be convened 19. (1) A youth justice court judge, the provincial director, a police officer, a justice of the peace, a prosecutor or a youth worker may convene or cause to be convened a conference for the purpose of making a decision required to be made under this Act. 2001-2002 Justice pénale pou Mandate of a conference (2) The mandate of a conference may be, among other things, to give advice on appropriate extrajudicial measures, conditions for judicial interim release, sentences, including the review of sentences, and reintegration plans. Rules for conferences (3) The Attorney General or any other minister designated by the lieutenant governor in council of a province may establish rules for the convening and conducting of conferences other than conferences convened or caused to be convened by a youth justice court judge or a justice of the peace. Rules to apply (4) In provinces where rules are established under subsection (3), the conferences to which those rules apply must be convened and conducted in accordance with those rules. Certain proceedings may be taken before justices Orders under section 810 of Criminal Code Powers of clerks Justices of the Peace 20. (1) Any proceeding that may be carried out before a justice under the Criminal Code, other than a plea, a trial or an adjudication, may be carried out before a justice in respect of an offence alleged to have been committed by a young person, and any process that may be issued by a justice under the Criminal Code may be issued by a justice in respect of an offence alleged to have been committed by a young person. (2) A justice has jurisdiction to make an order under section 810 (recognizance — fear of injury or damage) of the Criminal Code in respect of a young person. If the young person fails or refuses to enter into a recognizance referred to in that section, the justice shall refer the matter to a youth justice court. Clerks of the Court 21. In addition to any powers conferred on a clerk of a court by the Criminal Code, a clerk of the youth justice court may exercise the powers ordinarily exercised by a clerk of a court, and, in particular, may (a) administer oaths or solemn affirmations in all matters relating to the business of the youth justice court; and �� C. 1 Youth Crimi (b) in the absence of a youth justice court judge, exercise all the powers of a youth justice court judge relating to adjournment. Provincial Directors Powers, duties and functions of provincial directors 22. The provincial director may authorize any person to exercise the powers or perform the duties or functions of the provincial director under this Act, in which case the powers, duties or functions are deemed to have been exercised or performed by the provincial director. PART 3 JUDICIAL MEASURES Consent to Prosecute Pre-charge screening 23. (1) The Attorney General may establish a program of pre-charge screening that sets out the circumstances in which the consent of the Attorney General must be obtained before a young person is charged with an offence. Pre-charge screening program (2) Any program of pre-charge screening of young persons that is established under an Act of the legislature of a province or by a directive of a provincial government, and that is in place before the coming into force of this section, is deemed to be a program of pre-charge screening for the purposes of subsection (1). Private prosecutions 24. No prosecutions may be conducted by a prosecutor other than the Attorney General without the consent of the Attorney General. Right to Counsel Right to counsel 25. (1) A young person has the right to retain and instruct counsel without delay, and to exercise that right personally, at any stage of proceedings against the young person and before and during any consideration of whether, instead of starting or continuing judicial proceedings against the young person under this Act, to use an extrajudicial sanction to deal with the young person. Arresting officer to advise young person of right to counsel (2) Every young person who is arrested or detained shall, on being arrested or detained, be advised without delay by the arresting officer or the officer in charge, as the case may 2001-2002 Justice pénale pou be, of the right to retain and instruct counsel, and be given an opportunity to obtain counsel. Justice, youth justice court or review board to advise young person of right to counsel (3) When a young person is not represented by counsel (a) at a hearing at which it will be determined whether to release the young person or detain the young person in custody prior to sentencing, (b) at a hearing held under section 71 (hearing — adult sentences), (c) at trial, (d) at any proceedings held under subsection 98(3) (continuation of custody), 103(1) (review by youth justice court), 104(1) (continuation of custody), 105(1) (conditional supervision) or 109(1) (review of decision), (e) at a review of a youth sentence held before a youth justice court under this Act, or (f) at a review of the level of custody under section 87, the justice or youth justice court before which the hearing, trial or review is held, or the review board before which the review is held, shall advise the young person of the right to retain and instruct counsel and shall give the young person a reasonable opportunity to obtain counsel. Trial, hearing or review before youth justice court or review board (4) When a young person at trial or at a hearing or review referred to in subsection (3) wishes to obtain counsel but is unable to do so, the youth justice court before which the hearing, trial or review is held or the review board before which the review is held (a) shall, if there is a legal aid program or an assistance program available in the province where the hearing, trial or review is held, refer the young person to that program for the appointment of counsel; or �� C. 1 Youth Crimi (b) if no legal aid program or assistance program is available or the young person is unable to obtain counsel through the program, may, and on the request of the young person shall, direct that the young person be represented by counsel. Appointment of counsel (5) When a direction is made under paragraph (4)(b) in respect of a young person, the Attorney General shall appoint counsel, or cause counsel to be appointed, to represent the young person. Release hearing before justice (6) When a young person, at a hearing referred to in paragraph (3)(a) that is held before a justice who is not a youth justice court judge, wishes to obtain counsel but is unable to do so, the justice shall (a) if there is a legal aid program or an assistance program available in the province where the hearing is held, (i) refer the young person to that program for the appointment of counsel, or (ii) refer the matter to a youth justice court to be dealt with in accordance with paragraph (4)(a) or (b); or (b) if no legal aid program or assistance program is available or the young person is unable to obtain counsel through the program, refer the matter without delay to a youth justice court to be dealt with in accordance with paragraph (4)(b). Young person may be assisted by adult (7) When a young person is not represented by counsel at trial or at a hearing or review referred to in subsection (3), the justice before whom or the youth justice court or review board before which the proceedings are held may, on the request of the young person, allow the young person to be assisted by an adult whom the justice, court or review board considers to be suitable. Counsel independent of parents (8) If it appears to a youth justice court judge or a justice that the interests of a young person and the interests of a parent are in conflict or that it would be in the best interests of the young person to be represented by his or her own counsel, the judge or justice shall ensure that the young person is represented by counsel independent of the parent. 2001-2002 Statement of right to counsel Justice pénale pou (9) A statement that a young person has the right to be represented by counsel shall be included in (a) any appearance notice or summons issued to the young person; (b) any warrant to arrest the young person; (c) any promise to appear given by the young person; (d) any undertaking or recognizance entered into before an officer in charge by the young person; (e) any notice given to the young person in relation to any proceedings held under subsection 98(3) (continuation of custody), 103(1) (review by youth justice court), 104(1) (continuation of custody), 105(1) (conditional supervision) or 109(1) (review of decision); or (f) any notice of a review of a youth sentence given to the young person. Recovery of costs of counsel (10) Nothing in this Act prevents the lieutenant governor in council of a province or his or her delegate from establishing a program to authorize the recovery of the costs of a young person’s counsel from the young person or the parents of the young person. The costs may be recovered only after the proceedings are completed and the time allowed for the taking of an appeal has expired or, if an appeal is taken, all proceedings in respect of the appeal have been completed. Exception for persons over the age of twenty (11) Subsections (4) to (9) do not apply to a person who is alleged to have committed an offence while a young person, if the person has attained the age of twenty years at the time of his or her first appearance before a youth justice court in respect of the offence; however, this does not restrict any rights that a person has under the law applicable to adults. Notices to Parents Notice in case of arrest or detention 26. (1) Subject to subsection (4), if a young person is arrested and detained in custody pending his or her appearance in court, the officer in charge at the time the young person is detained shall, as soon as possible, give or �� C. 1 Youth Crimi cause to be given to a parent of the young person, orally or in writing, notice of the arrest stating the place of detention and the reason for the arrest. Notice in other cases (2) Subject to subsection (4), if a summons or an appearance notice is issued in respect of a young person, the person who issued the summons or appearance notice, or, if a young person is released on giving a promise to appear or entering into an undertaking or recognizance, the officer in charge, shall, as soon as possible, give or cause to be given to a parent of the young person notice in writing of the summons, appearance notice, promise to appear, undertaking or recognizance. Notice to parent in case of ticket (3) Subject to subsection (4), a person who serves a ticket under the Contraventions Act on a young person, other than a ticket served for a contravention relating to parking a vehicle, shall, as soon as possible, give or cause to be given notice in writing of the ticket to a parent of the young person. Notice to relative or other adult (4) If the whereabouts of the parents of a young person are not known or it appears that no parent is available, a notice under this section may be given to an adult relative of the young person who is known to the young person and is likely to assist the young person or, if no such adult relative is available, to any other adult who is known to the young person and is likely to assist the young person and who the person giving the notice considers appropriate. Notice on direction of youth justice court judge or justice (5) If doubt exists as to the person to whom a notice under this section should be given, a youth justice court judge or, if a youth justice court judge is, having regard to the circumstances, not reasonably available, a justice may give directions as to the person to whom the notice should be given, and a notice given in accordance with those directions is sufficient notice for the purposes of this section. Contents of notice (6) Any notice under this section shall, in addition to any other requirements under this section, include 2001-2002 Justice pénale pou (a) the name of the young person in respect of whom it is given; (b) the charge against the young person and, except in the case of a notice of a ticket served under the Contraventions Act, the time and place of appearance; and (c) a statement that the young person has the right to be represented by counsel. Notice of ticket under Contraventions Act (7) A notice under subsection (3) shall include a copy of the ticket. Service of notice (8) Subject to subsections (10) and (11), a notice under this section that is given in writing may be served personally or be sent by confirmed delivery service. Proceedings not invalid (9) Subject to subsections (10) and (11), failure to give a notice in accordance with this section does not affect the validity of proceedings under this Act. Exception (10) Failure to give a notice under subsection (2) in accordance with this section in any case renders invalid any subsequent proceedings under this Act relating to the case unless (a) a parent of the young person attends court with the young person; or (b) a youth justice court judge or a justice before whom proceedings are held against the young person (i) adjourns the proceedings and orders that the notice be given in the manner and to the persons that the judge or justice directs, or (ii) dispenses with the notice if the judge or justice is of the opinion that, having regard to the circumstances, the notice may be dispensed with. Where notice is not served (11) Where there has been a failure to give a notice under subsection (1) or (3) in accordance with this section and none of the persons to whom the notice may be given attends court with the young person, a youth justice court judge or a justice before whom proceedings are held against the young person may �� C. 1 Youth Crimi (a) adjourn the proceedings and order that the notice be given in the manner and to the persons that the judge or justice directs; or (b) dispense with the notice if the judge or justice is of the opinion that, having regard to the circumstances, the notice may be dispensed with. Exception for persons over the age of twenty (12) This section does not apply to a person who is alleged to have committed an offence while a young person, if the person has attained the age of twenty years at the time of his or her first appearance before a youth justice court in respect of the offence. Order requiring attendance of parent 27. (1) If a parent does not attend proceedings held before a youth justice court in respect of a young person, the court may, if in its opinion the presence of the parent is necessary or in the best interests of the young person, by order in writing require the parent to attend at any stage of the proceedings. No order in ticket proceedings (2) Subsection (1) does not apply in proceedings commenced by filing a ticket under the Contraventions Act. Service of order (3) A copy of the order shall be served by a peace officer or by a person designated by a youth justice court by delivering it personally to the parent to whom it is directed, unless the youth justice court authorizes service by confirmed delivery service. Failure to attend (4) A parent who is ordered to attend a youth justice court under subsection (1) and who fails without reasonable excuse, the proof of which lies on the parent, to comply with the order (a) is guilty of contempt of court; (b) may be dealt with summarily by the court; and (c) is liable to the punishment provided for in the Criminal Code for a summary conviction offence. 2001-2002 Warrant to arrest parent Justice pénale pou (5) If a parent who is ordered to attend a youth justice court under subsection (1) does not attend when required by the order or fails to remain in attendance as required and it is proved that a copy of the order was served on the parent, a youth justice court may issue a warrant to compel the attendance of the parent. Detention before Sentencing Application of Part XVI of Criminal Code 28. Except to the extent that they are inconsistent with or excluded by this Act, the provisions of Part XVI (compelling appearance of an accused and interim release) of the Criminal Code apply to the detention and release of young persons under this Act. Detention as social measure prohibited 29. (1) A youth justice court judge or a justice shall not detain a young person in custody prior to being sentenced as a substitute for appropriate child protection, mental health or other social measures. Detention presumed unnecessary (2) In considering whether the detention of a young person is necessary for the protection or safety of the public under paragraph 515(10)(b) (substantial likelihood — commit an offence or interfere with the administration of justice) of the Criminal Code, a youth justice court or a justice shall presume that detention is not necessary under that paragraph if the young person could not, on being found guilty, be committed to custody on the grounds set out in paragraphs 39(1)(a) to (c) (restrictions on committal to custody). Designated place of temporary detention 30. (1) Subject to subsection (7), a young person who is arrested and detained prior to being sentenced, or who is detained in accordance with a warrant issued under subsection 59(6) (compelling appearance for review of sentence), shall be detained in any place of temporary detention that may be designated by the lieutenant governor in council of the province or his or her delegate or in a place within a class of places so designated. �� C. 1 Youth Crimi Exception (2) A young person who is detained in a place of temporary detention under subsection (1) may, in the course of being transferred from that place to the court or from the court to that place, be held under the supervision and control of a peace officer. Detention separate from adults (3) A young person referred to in subsection (1) shall be held separate and apart from any adult who is detained or held in custody unless a youth justice court judge or a justice is satisfied that, having regard to the best interests of the young person, (a) the young person cannot, having regard to his or her own safety or the safety of others, be detained in a place of detention for young persons; or (b) no place of detention for young persons is available within a reasonable distance. Transfer to adult facility (4) When a young person is detained under subsection (1), the youth justice court may, on application of the provincial director made at any time after the young person attains the age of eighteen years, after giving the young person an opportunity to be heard, authorize the provincial director to direct, despite subsection (3), that the young person be temporarily detained in a provincial correctional facility for adults, if the court considers it to be in the best interests of the young person or in the public interest. When young person is twenty years old or older (5) When a young person is twenty years old or older at the time his or her temporary detention under subsection (1) begins, the young person shall, despite subsection (3), be temporarily detained in a provincial correctional facility for adults. Transfer by provincial director (6) A young person who is detained in custody under subsection (1) may, during the period of detention, be transferred by the provincial director from one place of temporary detention to another. Exception relating to temporary detention (7) Subsections (1) and (3) do not apply in respect of any temporary restraint of a young person under the supervision and control of a peace officer after arrest, but a young person who is so restrained shall be transferred to a place of temporary detention referred to in 2001-2002 Justice pénale pou subsection (1) as soon as is practicable, and in no case later than the first reasonable opportunity after the appearance of the young person before a youth justice court judge or a justice under section 503 of the Criminal Code. Authorization of provincial authority for detention (8) In any province for which the lieutenant governor in council has designated a person or a group of persons whose authorization is required, either in all circumstances or in circumstances specified by the lieutenant governor in council, before a young person who has been arrested may be detained in accordance with this section, no young person shall be so detained unless the authorization is obtained. Determination by provincial authority of place of detention (9) In any province for which the lieutenant governor in council has designated a person or a group of persons who may determine the place where a young person who has been arrested may be detained in accordance with this section, no young person may be so detained in a place other than the one so determined. Placement of young person in care of responsible person 31. (1) A young person who has been arrested may be placed in the care of a responsible person instead of being detained in custody if a youth justice court or a justice is satisfied that (a) the young person would, but for this subsection, be detained in custody under section 515 (judicial interim release) of the Criminal Code; (b) the person is willing and able to take care of and exercise control over the young person; and (c) the young person is willing to be placed in the care of that person. Inquiry as to availability of a responsible person (2) If a young person would, in the absence of a responsible person, be detained in custody, the youth justice court or the justice shall inquire as to the availability of a responsible person and whether the young person is willing to be placed in that person’s care. �� Condition of placement C. 1 Youth Crimi (3) A young person shall not be placed in the care of a person under subsection (1) unless (a) that person undertakes in writing to take care of and to be responsible for the attendance of the young person in court when required and to comply with any other conditions that the youth justice court judge or the justice may specify; and (b) the young person undertakes in writing to comply with the arrangement and to comply with any other conditions that the youth justice court judge or the justice may specify. Removing young person from care (4) A young person, a person in whose care a young person has been placed or any other person may, by application in writing to a youth justice court judge or a justice, apply for an order under subsection (5) if (a) the person in whose care the young person has been placed is no longer willing or able to take care of or exercise control over the young person; or (b) it is, for any other reason, no longer appropriate that the young person remain in the care of the person with whom he or she has been placed. Order (5) When a youth justice court judge or a justice is satisfied that a young person should not remain in the custody of the person in whose care he or she was placed under subsection (1), the judge or justice shall (a) make an order relieving the person and the young person of the obligations undertaken under subsection (3); and (b) issue a warrant for the arrest of the young person. Effect of arrest (6) If a young person is arrested in accordance with a warrant issued under paragraph (5)(b), the young person shall be taken before a youth justice court judge or a justice without delay and dealt with under this section and sections 28 to 30. 2001-2002 Justice pénale pou Appearance Appearance before judge or justice 32. (1) A young person against whom an information or indictment is laid must first appear before a youth justice court judge or a justice, and the judge or justice shall (a) cause the information or indictment to be read to the young person; (b) if the young person is not represented by counsel, inform the young person of the right to retain and instruct counsel; (c) if notified under subsection 64(2) (intention to seek adult sentence) or if section 16 (status of accused uncertain) applies, inform the young person that the youth justice court might, if the young person is found guilty, order that an adult sentence be imposed; and (d) if the young person is charged with having committed an offence set out in paragraph (a) of the definition ‘‘presumptive offence’’ in subsection 2(1), inform the young person in the following words of the consequences of being charged with such an offence: An adult sentence will be imposed if you are found guilty unless the court orders that you are not liable to an adult sentence and that a youth sentence must be imposed. Waiver (2) A young person may waive the requirements of subsection (1) if the young person is represented by counsel and counsel advises the court that the young person has been informed of that provision. Young person not represented by counsel (3) When a young person is not represented by counsel, the youth justice court, before accepting a plea, shall (a) satisfy itself that the young person understands the charge; (b) if the young person is liable to an adult sentence, explain to the young person the consequences of being liable to an adult sentence and the procedure by which the young person may apply for an order that a youth sentence be imposed; and �� C. 1 Youth Crimi (c) explain that the young person may plead guilty or not guilty to the charge or, if subsection 67(1) (election of court for trial — adult sentence) or (3) (election of court for trial in Nunavut — adult sentence) applies, explain that the young person may elect to be tried by a youth justice court judge without a jury and without having a preliminary inquiry, or to have a preliminary inquiry and be tried by a judge without a jury, or to have a preliminary inquiry and be tried by a court composed of a judge and jury. If youth justice court not satisfied (4) If the youth justice court is not satisfied that a young person understands the charge, the court shall, unless the young person must be put to his or her election under subsection 67(1) (election of court for trial — adult sentence) or, with respect to Nunavut, subsection 67(3) (election of court for trial in Nunavut — adult sentence), enter a plea of not guilty on behalf of the young person and proceed with the trial in accordance with subsection 36(2) (young person pleads not guilty). If youth justice court not satisfied (5) If the youth justice court is not satisfied that a young person understands the matters set out in subsection (3), the court shall direct that the young person be represented by counsel. Release from or Detention in Custody Application for release from or detention in custody 33. (1) If an order is made under section 515 (judicial interim release) of the Criminal Code in respect of a young person by a justice who is not a youth justice court judge, an application may, at any time after the order is made, be made to a youth justice court for the release from or detention in custody of the young person, as the case may be, and the youth justice court shall hear the matter as an original application. Notice to prosecutor (2) An application under subsection (1) for release from custody shall not be heard unless the young person has given the prosecutor at least two clear days notice in writing of the application. 2001-2002 Justice pénale pou Notice to young person (3) An application under subsection (1) for detention in custody shall not be heard unless the prosecutor has given the young person at least two clear days notice in writing of the application. Waiver of notice (4) The requirement for notice under subsection (2) or (3) may be waived by the prosecutor or by the young person or his or her counsel, as the case may be. Application for review under section 520 or 521 of Criminal Code (5) An application under section 520 or 521 of the Criminal Code for a review of an order made in respect of a young person by a youth justice court judge who is a judge of a superior court shall be made to a judge of the court of appeal. Nunavut (6) Despite subsection (5), an application under section 520 or 521 of the Criminal Code for a review of an order made in respect of a young person by a youth justice court judge who is a judge of the Nunavut Court of Justice shall be made to a judge of that court. No review (7) No application may be made under section 520 or 521 of the Criminal Code for a review of an order made in respect of a young person by a justice who is not a youth justice court judge. Interim release by youth justice court judge only (8) If a young person against whom proceedings have been taken under this Act is charged with an offence referred to in section 522 of the Criminal Code, a youth justice court judge, but no other court, judge or justice, may release the young person from custody under that section. Review by court of appeal (9) A decision made by a youth justice court judge under subsection (8) may be reviewed in accordance with section 680 of the Criminal Code and that section applies, with any modifications that the circumstances require, to any decision so made. Medical and Psychological Reports Medical or psychological assessment 34. (1) A youth justice court may, at any stage of proceedings against a young person, by order require that the young person be assessed by a qualified person who is required to report the results in writing to the court, (a) with the consent of the young person and the prosecutor; or �� C. 1 Youth Crimi (b) on its own motion or on application of the young person or the prosecutor, if the court believes a medical, psychological or psychiatric report in respect of the young person is necessary for a purpose mentioned in paragraphs (2)(a) to (g) and (i) the court has reasonable grounds to believe that the young person may be suffering from a physical or mental illness or disorder, a psychological disorder, an emotional disturbance, a learning disability or a mental disability, (ii) the young person’s history indicates a pattern of repeated findings of guilt under this Act or the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, or (iii) the young person is alleged to have committed a serious violent offence. Purpose of assessment (2) A youth justice court may make an order under subsection (1) in respect of a young person for the purpose of (a) considering an application under section 33 (release from or detention in custody); (b) making its decision on an application heard under section 71 (hearing — adult sentences); (c) making or reviewing a youth sentence; (d) considering an application under subsection 104(1) (continuation of custody); (e) setting conditions under subsection 105(1) (conditional supervision); (f) making an order under subsection 109(2) (conditional supervision); or (g) authorizing disclosure under subsection 127(1) (information about a young person). Custody for assessment (3) Subject to subsections (4) and (6), for the purpose of an assessment under this section, a youth justice court may remand a young person to any custody that it directs for a period not exceeding thirty days. 2001-2002 Presumption against custodial remand Justice pénale pou (4) A young person shall not be remanded in custody in accordance with an order made under subsection (1) unless (a) the youth justice court is satisfied that (i) on the evidence custody is necessary to conduct an assessment of the young person, or (ii) on the evidence of a qualified person detention of the young person in custody is desirable to conduct the assessment of the young person, and the young person consents to custody; or (b) the young person is required to be detained in custody in respect of any other matter or by virtue of any provision of the Criminal Code. Report of qualified person in writing (5) For the purposes of paragraph (4)(a), if the prosecutor and the young person agree, evidence of a qualified person may be received in the form of a report in writing. Application to vary assessment order if circumstances change (6) A youth justice court may, at any time while an order made under subsection (1) is in force, on cause being shown, vary the terms and conditions specified in the order in any manner that the court considers appropriate in the circumstances. Disclosure of report (7) When a youth justice court receives a report made in respect of a young person under subsection (1), (a) the court shall, subject to subsection (9), cause a copy of the report to be given to (i) the young person, (ii) any parent of the young person who is in attendance at the proceedings against the young person, (iii) any counsel representing the young person, and (iv) the prosecutor; and (b) the court may cause a copy of the report to be given to (i) a parent of the young person who is not in attendance at the proceedings if the parent is, in the opinion of the court, taking an active interest in the proceedings, or �� C. 1 Youth Crimi (ii) despite subsection 119(6) (restrictions respecting access to certain records), the provincial director, or the director of the provincial correctional facility for adults or the penitentiary at which the young person is serving a youth sentence, if, in the opinion of the court, withholding the report would jeopardize the safety of any person. Crossexamination (8) When a report is made in respect of a young person under subsection (1), the young person, his or her counsel or the adult assisting the young person under subsection 25(7) and the prosecutor shall, subject to subsection (9), on application to the youth justice court, be given an opportunity to cross-examine the person who made the report. Non-disclosure in certain cases (9) A youth justice court shall withhold all or part of a report made in respect of a young person under subsection (1) from a private prosecutor, if disclosure of the report or part, in the opinion of the court, is not necessary for the prosecution of the case and might be prejudicial to the young person. Non-disclosure in certain cases (10) A youth justice court shall withhold all or part of a report made in respect of a young person under subsection (1) from the young person, the young person’s parents or a private prosecutor if the court is satisfied, on the basis of the report or evidence given in the absence of the young person, parents or private prosecutor by the person who made the report, that disclosure of the report or part would seriously impair the treatment or recovery of the young person, or would be likely to endanger the life or safety of, or result in serious psychological harm to, another person. Exception — interests of justice (11) Despite subsection (10), the youth justice court may release all or part of the report to the young person, the young person’s parents or the private prosecutor if the court is of the opinion that the interests of justice make disclosure essential. 2001-2002 Justice pénale pou Report to be part of record (12) A report made under subsection (1) forms part of the record of the case in respect of which it was requested. Disclosure by qualified person (13) Despite any other provision of this Act, a qualified person who is of the opinion that a young person held in detention or committed to custody is likely to endanger his or her own life or safety or to endanger the life of, or cause bodily harm to, another person may immediately so advise any person who has the care and custody of the young person whether or not the same information is contained in a report made under subsection (1). Definition of ‘‘qualified person’’ (14) In this section, ‘‘qualified person’’ means a person duly qualified by provincial law to practice medicine or psychiatry or to carry out psychological examinations or assessments, as the circumstances require, or, if no such law exists, a person who is, in the opinion of the youth justice court, so qualified, and includes a person or a member of a class of persons designated by the lieutenant governor in council of a province or his or her delegate. Referral to Child Welfare Agency Referral to child welfare agency 35. In addition to any order that it is authorized to make, a youth justice court may, at any stage of proceedings against a young person, refer the young person to a child welfare agency for assessment to determine whether the young person is in need of child welfare services. Adjudication When young person pleads guilty 36. (1) If a young person pleads guilty to an offence charged against the young person and the youth justice court is satisfied that the facts support the charge, the court shall find the young person guilty of the offence. When young person pleads not guilty (2) If a young person charged with an offence pleads not guilty to the offence or pleads guilty but the youth justice court is not satisfied that the facts support the charge, the court shall proceed with the trial and shall, after considering the matter, find the young �� C. 1 Youth Crimi person guilty or not guilty or make an order dismissing the charge, as the case may be. Appeals Appeals 37. (1) An appeal in respect of an indictable offence or an offence that the Attorney General elects to proceed with as an indictable offence lies under this Act in accordance with Part XXI (appeals — indictable offences) of the Criminal Code, which Part applies with any modifications that the circumstances require. Appeals for contempt of court (2) A finding of guilt under section 15 for contempt of court or a sentence imposed in respect of the finding may be appealed as if the finding were a conviction or the sentence were a sentence in a prosecution by indictment. Appeal (3) Section 10 of the Criminal Code applies if a person is convicted of contempt of court under subsection 27(4) (failure of parent to attend court). Appeals to be heard together (4) A judicial determination under subsection 42(9) (judicial determination of serious violent offence), or an order under subsection 72(1) (court order — adult or youth sentence), 75(3) (ban on publication) or 76(1) (placement when subject to adult sentence), may be appealed as part of the sentence and, unless the court to which the appeal is taken otherwise orders, if more than one of these is appealed they must be part of the same appeal proceeding. Appeals for summary conviction offences (5) An appeal in respect of an offence punishable on summary conviction or an offence that the Attorney General elects to proceed with as an offence punishable on summary conviction lies under this Act in accordance with Part XXVII (summary conviction offences) of the Criminal Code, which Part applies with any modifications that the circumstances require. 2001-2002 Justice pénale pou Appeals where offences are tried jointly (6) An appeal in respect of one or more indictable offences and one or more summary conviction offences that are tried jointly or in respect of which youth sentences are jointly imposed lies under this Act in accordance with Part XXI (appeals — indictable offences) of the Criminal Code, which Part applies with any modifications that the circumstances require. Deemed election (7) For the purpose of appeals under this Act, if no election is made in respect of an offence that may be prosecuted by indictment or proceeded with by way of summary conviction, the Attorney General is deemed to have elected to proceed with the offence as an offence punishable on summary conviction. If the youth justice court is a superior court (8) In any province where the youth justice court is a superior court, an appeal under subsection (5) shall be made to the court of appeal of the province. Nunavut (9) Despite subsection (8), if the Nunavut Court of Justice is acting as a youth justice court, an appeal under subsection (5) shall be made to a judge of the Nunavut Court of Appeal, and an appeal of that judge’s decision shall be made to the Nunavut Court of Appeal in accordance with section 839 of the Criminal Code. Appeal to the Supreme Court of Canada (10) No appeal lies under subsection (1) from a judgment of the court of appeal in respect of a finding of guilt or an order dismissing an information or indictment to the Supreme Court of Canada unless leave to appeal is granted by the Supreme Court of Canada. (11) No appeal lies from a youth sentence under section 59 or any of sections 94 to 96. No appeal from youth sentence on review �� C. 1 Youth Crimi PART 4 SENTENCING Purpose and Principles Purpose 38. (1) The purpose of sentencing under section 42 (youth sentences) is to hold a young person accountable for an offence through the imposition of just sanctions that have meaningful consequences for the young person and that promote his or her rehabilitation and reintegration into society, thereby contributing to the long-term protection of the public. Sentencing principles (2) A youth justice court that imposes a youth sentence on a young person shall determine the sentence in accordance with the principles set out in section 3 and the following principles: (a) the sentence must not result in a punishment that is greater than the punishment that would be appropriate for an adult who has been convicted of the same offence committed in similar circumstances; (b) the sentence must be similar to the sentences imposed in the region on similar young persons found guilty of the same offence committed in similar circumstances; (c) the sentence must be proportionate to the seriousness of the offence and the degree of responsibility of the young person for that offence; (d) all available sanctions other than custody that are reasonable in the circumstances should be considered for all young persons, with particular attention to the circumstances of aboriginal young persons; and (e) subject to paragraph (c), the sentence must (i) be the least restrictive sentence that is capable of achieving the purpose set out in subsection (1), (ii) be the one that is most likely to rehabilitate the young person and reintegrate him or her into society, and (iii) promote a sense of responsibility in the young person, and an acknowledgement of the harm done to victims and the community. 2001-2002 Factors to be considered Justice pénale pou (3) In determining a youth sentence, the youth justice court shall take into account (a) the degree of participation by the young person in the commission of the offence; (b) the harm done to victims and whether it was intentional or reasonably foreseeable; (c) any reparation made by the young person to the victim or the community; (d) the time spent in detention by the young person as a result of the offence; (e) the previous findings of guilt of the young person; and (f) any other aggravating and mitigating circumstances related to the young person or the offence that are relevant to the purpose and principles set out in this section. Committal to custody 39. (1) A youth justice court shall not commit a young person to custody under section 42 (youth sentences) unless (a) the young person has committed a violent offence; (b) the young person has failed to comply with non-custodial sentences; (c) the young person has committed an indictable offence for which an adult would be liable to imprisonment for a term of more than two years and has a history that indicates a pattern of findings of guilt under this Act or the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985; or (d) in exceptional cases where the young person has committed an indictable offence, the aggravating circumstances of the offence are such that the imposition of a non-custodial sentence would be inconsistent with the purpose and principles set out in section 38. Alternatives to custody (2) If any of paragraphs (1)(a) to (c) apply, a youth justice court shall not impose a custodial sentence under section 42 (youth sentences) unless the court has considered all alternatives to custody raised at the sentencing hearing that are reasonable in the circum�� C. 1 Youth Crimi stances, and determined that there is not a reasonable alternative, or combination of alternatives, that is in accordance with the purpose and principles set out in section 38. Factors to be considered (3) In determining whether there is a reasonable alternative to custody, a youth justice court shall consider submissions relating to (a) the alternatives to custody that are available; (b) the likelihood that the young person will comply with a non-custodial sentence, taking into account his or her compliance with previous non-custodial sentences; and (c) the alternatives to custody that have been used in respect of young persons for similar offences committed in similar circumstances. Imposition of same sentence (4) The previous imposition of a particular non-custodial sentence on a young person does not preclude a youth justice court from imposing the same or any other non-custodial sentence for another offence. Custody as social measure prohibited (5) A youth justice court shall not use custody as a substitute for appropriate child protection, mental health or other social measures. Pre-sentence report (6) Before imposing a custodial sentence under section 42 (youth sentences), a youth justice court shall consider a pre-sentence report and any sentencing proposal made by the young person or his or her counsel. Report dispensed with (7) A youth justice court may, with the consent of the prosecutor and the young person or his or her counsel, dispense with a pre-sentence report if the court is satisfied that the report is not necessary. Length of custody (8) In determining the length of a youth sentence that includes a custodial portion, a youth justice court shall be guided by the purpose and principles set out in section 38, and shall not take into consideration the fact that the supervision portion of the sentence may not be served in custody and that the sentence may be reviewed by the court under section 94. 2001-2002 Reasons Justice pénale pou (9) If a youth justice court imposes a youth sentence that includes a custodial portion, the court shall state the reasons why it has determined that a non-custodial sentence is not adequate to achieve the purpose set out in subsection 38(1), including, if applicable, the reasons why the case is an exceptional case under paragraph (1)(d). Pre-sentence Report Pre-sentence report 40. (1) Before imposing sentence on a young person found guilty of an offence, a youth justice court (a) shall, if it is required under this Act to consider a pre-sentence report before making an order or a sentence in respect of a young person, and (b) may, if it considers it advisable, require the provincial director to cause to be prepared a pre-sentence report in respect of the young person and to submit the report to the court. Contents of report (2) A pre-sentence report made in respect of a young person shall, subject to subsection (3), be in writing and shall include the following, to the extent that it is relevant to the purpose and principles of sentencing set out in section 38 and to the restrictions on custody set out in section 39: (a) the results of an interview with the young person and, if reasonably possible, the parents of the young person and, if appropriate and reasonably possible, members of the young person’s extended family; (b) the results of an interview with the victim in the case, if applicable and reasonably possible; (c) the recommendations resulting from any conference referred to in section 41; (d) any information that is applicable to the case, including (i) the age, maturity, character, behaviour and attitude of the young person and his or her willingness to make amends, �� C. 1 Youth Crimi (ii) any plans put forward by the young person to change his or her conduct or to participate in activities or undertake measures to improve himself or herself, (iii) subject to subsection 119(2) (period of access to records), the history of previous findings of delinquency under the Juvenile Delinquents Act, chapter J-3 of the Revised Statutes of Canada, 1970, or previous findings of guilt for offences under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, or under this or any other Act of Parliament or any regulation made under it, the history of community or other services rendered to the young person with respect to those findings and the response of the young person to previous sentences or dispositions and to services rendered to him or her, (iv) subject to subsection 119(2) (period of access to records), the history of alternative measures under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, or extrajudicial sanctions used to deal with the young person and the response of the young person to those measures or sanctions, (v) the availability and appropriateness of community services and facilities for young persons and the willingness of the young person to avail himself or herself of those services or facilities, (vi) the relationship between the young person and the young person’s parents and the degree of control and influence of the parents over the young person and, if appropriate and reasonably possible, the relationship between the young person and the young person’s extended family and the degree of control and influence of the young person’s extended family over the young person, and (vii) the school attendance and performance record and the employment record of the young person; (e) any information that may assist the court in determining under subsection 39(2) 2001-2002 Justice pénale pou whether there is an alternative to custody; and (f) any information that the provincial director considers relevant, including any recommendation that the provincial director considers appropriate. Oral report with leave (3) If a pre-sentence report cannot reasonably be committed to writing, it may, with leave of the youth justice court, be submitted orally in court. Report forms part of record (4) A pre-sentence report shall form part of the record of the case in respect of which it was requested. Copies of pre-sentence report (5) If a pre-sentence report made in respect of a young person is submitted to a youth justice court in writing, the court (a) shall, subject to subsection (7), cause a copy of the report to be given to (i) the young person, (ii) any parent of the young person who is in attendance at the proceedings against the young person, (iii) any counsel representing the young person, and (iv) the prosecutor; and (b) may cause a copy of the report to be given to a parent of the young person who is not in attendance at the proceedings if the parent is, in the opinion of the court, taking an active interest in the proceedings. Crossexamination (6) If a pre-sentence report made in respect of a young person is submitted to a youth justice court, the young person, his or her counsel or the adult assisting the young person under subsection 25(7) and the prosecutor shall, subject to subsection (7), on application to the court, be given the opportunity to cross-examine the person who made the report. �� Report may be withheld from private prosecutor C. 1 Youth Crimi (7) If a pre-sentence report made in respect of a young person is submitted to a youth justice court, the court may, when the prosecutor is a private prosecutor and disclosure of all or part of the report to the prosecutor might, in the opinion of the court, be prejudicial to the young person and is not, in the opinion of the court, necessary for the prosecution of the case against the young person, (a) withhold the report or part from the prosecutor, if the report is submitted in writing; or (b) exclude the prosecutor from the court during the submission of the report or part, if the report is submitted orally in court. Report disclosed to other persons (8) If a pre-sentence report made in respect of a young person is submitted to a youth justice court, the court (a) shall, on request, cause a copy or a transcript of the report to be supplied to (i) any court that is dealing with matters relating to the young person, and (ii) any youth worker to whom the young person’s case has been assigned; and (b) may, on request, cause a copy or a transcript of all or part of the report to be supplied to any person not otherwise authorized under this section to receive a copy or a transcript of the report if, in the opinion of the court, the person has a valid interest in the proceedings. Disclosure by the provincial director (9) A provincial director who submits a pre-sentence report made in respect of a young person to a youth justice court may make all or part of the report available to any person in whose custody or under whose supervision the young person is placed or to any other person who is directly assisting in the care or treatment of the young person. Inadmissibility of statements (10) No statement made by a young person in the course of the preparation of a pre-sentence report in respect of the young person is admissible in evidence against any young person in civil or criminal proceedings except those under section 42 (youth sentences), 59 (review of non-custodial sentence) or 71 (hearing — adult sentences) or any of sections 2001-2002 Justice pénale pou 94 to 96 (reviews and other proceedings related to custodial sentences). Youth Sentences Recommendation of conference 41. When a youth justice court finds a young person guilty of an offence, the court may convene or cause to be convened a conference under section 19 for recommendations to the court on an appropriate youth sentence. Considerations as to youth sentence 42. (1) A youth justice court shall, before imposing a youth sentence, consider any recommendations submitted under section 41, any pre-sentence report, any representations made by the parties to the proceedings or their counsel or agents and by the parents of the young person, and any other relevant information before the court. Youth sentence (2) When a youth justice court finds a young person guilty of an offence and is imposing a youth sentence, the court shall, subject to this section, impose any one of the following sanctions or any number of them that are not inconsistent with each other and, if the offence is first degree murder or second degree murder within the meaning of section 231 of the Criminal Code, the court shall impose a sanction set out in paragraph (q) or subparagraph (r)(ii) or (iii) and may impose any other of the sanctions set out in this subsection that the court considers appropriate: (a) reprimand the young person; (b) by order direct that the young person be discharged absolutely, if the court considers it to be in the best interests of the young person and not contrary to the public interest; (c) by order direct that the young person be discharged on any conditions that the court considers appropriate and may require the young person to report to and be supervised by the provincial director; (d) impose on the young person a fine not exceeding $1,000 to be paid at the time and on the terms that the court may fix; �� C. 1 Youth Crimi (e) order the young person to pay to any other person at the times and on the terms that the court may fix an amount by way of compensation for loss of or damage to property or for loss of income or support, or an amount for, in the Province of Quebec, pre-trial pecuniary loss or, in any other province, special damages, for personal injury arising from the commission of the offence if the value is readily ascertainable, but no order shall be made for other damages in the Province of Quebec or for general damages in any other province; (f) order the young person to make restitution to any other person of any property obtained by the young person as a result of the commission of the offence within the time that the court may fix, if the property is owned by the other person or was, at the time of the offence, in his or her lawful possession; (g) if property obtained as a result of the commission of the offence has been sold to an innocent purchaser, where restitution of the property to its owner or any other person has been made or ordered, order the young person to pay the purchaser, at the time and on the terms that the court may fix, an amount not exceeding the amount paid by the purchaser for the property; (h) subject to section 54, order the young person to compensate any person in kind or by way of personal services at the time and on the terms that the court may fix for any loss, damage or injury suffered by that person in respect of which an order may be made under paragraph (e) or (g); (i) subject to section 54, order the young person to perform a community service at the time and on the terms that the court may fix, and to report to and be supervised by the provincial director or a person designated by the youth justice court; (j) subject to section 51 (mandatory prohibition order), make any order of prohibition, seizure or forfeiture that may be imposed under any Act of Parliament or any regulation made under it if an accused is 2001-2002 Justice pénale pou found guilty or convicted of that offence, other than an order under section 161 of the Criminal Code; (k) place the young person on probation in accordance with sections 55 and 56 (conditions and other matters related to probation orders) for a specified period not exceeding two years; (l) subject to subsection (3) (agreement of provincial director), order the young person into an intensive support and supervision program approved by the provincial director; (m) subject to subsection (3) (agreement of provincial director) and section 54, order the young person to attend a non-residential program approved by the provincial director, at the times and on the terms that the court may fix, for a maximum of two hundred and forty hours, over a period not exceeding six months; (n) make a custody and supervision order with respect to the young person, ordering that a period be served in custody and that a second period — which is one half as long as the first — be served, subject to sections 97 (conditions to be included) and 98 (continuation of custody), under supervision in the community subject to conditions, the total of the periods not to exceed two years from the date of the coming into force of the order or, if the young person is found guilty of an offence for which the punishment provided by the Criminal Code or any other Act of Parliament is imprisonment for life, three years from the date of coming into force of the order; (o) in the case of an offence set out in subparagraph (a)(ii), (iii) or (iv) of the definition ‘‘presumptive offence’’ in subsection 2(1), make a custody and supervision order in respect of the young person for a specified period not exceeding three years from the date of committal that orders the young person to be committed into a continuous period of custody for the first portion of the sentence and, subject to subsection 104(1) (continuation of custo�� C. 1 Youth Crimi dy), to serve the remainder of the sentence under conditional supervision in the community in accordance with section 105; (p) subject to subsection (5), make a deferred custody and supervision order that is for a specified period not exceeding six months, subject to the conditions set out in subsection 105(2), and to any conditions set out in subsection 105(3) that the court considers appropriate; (q) order the young person to serve a sentence not to exceed (i) in the case of first degree murder, ten years comprised of (A) a committal to custody, to be served continuously, for a period that must not, subject to subsection 104(1) (continuation of custody), exceed six years from the date of committal, and (B) a placement under conditional supervision to be served in the community in accordance with section 105, and (ii) in the case of second degree murder, seven years comprised of (A) a committal to custody, to be served continuously, for a period that must not, subject to subsection 104(1) (continuation of custody), exceed four years from the date of committal, and (B) a placement under conditional supervision to be served in the community in accordance with section 105; (r) subject to subsection (7), make an intensive rehabilitative custody and supervision order in respect of the young person (i) that is for a specified period that must not exceed (A) two years from the date of committal, or (B) if the young person is found guilty of an offence for which the punishment provided by the Criminal Code or any other Act of Parliament is imprisonment for life, three years from the date of committal, 2001-2002 Justice pénale pou and that orders the young person to be committed into a continuous period of intensive rehabilitative custody for the first portion of the sentence and, subject to subsection 104(1) (continuation of custody), to serve the remainder under conditional supervision in the community in accordance with section 105, (ii) that is for a specified period that must not exceed, in the case of first degree murder, ten years from the date of committal, comprising (A) a committal to intensive rehabilitative custody, to be served continuously, for a period that must not exceed six years from the date of committal, and (B) subject to subsection 104(1) (continuation of custody), a placement under conditional supervision to be served in the community in accordance with section 105, and (iii) that is for a specified period that must not exceed, in the case of second degree murder, seven years from the date of committal, comprising (A) a committal to intensive rehabilitative custody, to be served continuously, for a period that must not exceed four years from the date of committal, and (B) subject to subsection 104(1) (continuation of custody), a placement under conditional supervision to be served in the community in accordance with section 105; and (s) impose on the young person any other reasonable and ancillary conditions that the court considers advisable and in the best interests of the young person and the public. Agreement of provincial director (3) A youth justice court may make an order under paragraph (2)(l) or (m) only if the provincial director has determined that a program to enforce the order is available. �� Youth justice court statement C. 1 Youth Crimi (4) When the youth justice court makes a custody and supervision order with respect to a young person under paragraph (2)(n), the court shall state the following with respect to that order: You are ordered to serve (state the number of days or months to be served) in custody, to be followed by (state one-half of the number of days or months stated above) to be served under supervision in the community subject to conditions. If you breach any of the conditions while you are under supervision in the community, you may be brought back into custody and required to serve the rest of the second period in custody as well. You should also be aware that, under other provisions of the Youth Criminal Justice Act, a court could require you to serve the second period in custody as well. The periods in custody and under supervision in the community may be changed if you are or become subject to another sentence. Deferred custody and supervision order (5) The court may make a deferred custody and supervision order under paragraph (2)(p) if (a) the young person is found guilty of an offence that is not a serious violent offence; and (b) it is consistent with the purpose and principles set out in section 38 and the restrictions on custody set out in section 39. Application of sections 106 to 109 (6) Sections 106 to 109 (suspension of conditional supervision) apply to a breach of a deferred custody and supervision order made under paragraph (2)(p) as if the breach were a breach of an order for conditional supervision made under subsection 105(1) and, for the purposes of sections 106 to 109, supervision under a deferred custody and supervision order is deemed to be conditional supervision. 2001-2002 Intensive rehabilitative custody and supervision order Justice pénale pou (7) A youth justice court may make an intensive rehabilitative custody and supervision order under paragraph (2)(r) in respect of a young person only if (a) either (i) the young person has been found guilty of an offence under one of the following provisions of the Criminal Code, namely, section 231 or 235 (first degree murder or second degree murder within the meaning of section 231), section 239 (attempt to commit murder), section 232, 234 or 236 (manslaughter) or section 273 (aggravated sexual assault), or (ii) the young person has been found guilty of a serious violent offence for which an adult is liable to imprisonment for a term of more than two years, and the young person had previously been found guilty at least twice of a serious violent offence; (b) the young person is suffering from a mental illness or disorder, a psychological disorder or an emotional disturbance; (c) a plan of treatment and intensive supervision has been developed for the young person, and there are reasonable grounds to believe that the plan might reduce the risk of the young person repeating the offence or committing a serious violent offence; and (d) the provincial director has determined that an intensive rehabilitative custody and supervision program is available and that the young person’s participation in the program is appropriate. Safeguard of rights (8) Nothing in this section abrogates or derogates from the rights of a young person regarding consent to physical or mental health treatment or care. Determination by court (9) On application of the Attorney General after a young person is found guilty of an offence, and after giving both parties an opportunity to be heard, the youth justice court may make a judicial determination that the offence is a serious violent offence and �� C. 1 Youth Crimi endorse the information or indictment accordingly. Appeals (10) For the purposes of an appeal in accordance with section 37, a determination under subsection (9) is part of the sentence. Inconsistency (11) An order may not be made under paragraphs (2)(k) to (m) in respect of an offence for which a conditional discharge has been granted under paragraph (2)(c). Coming into force of youth sentence (12) A youth sentence or any part of it comes into force on the date on which it is imposed or on any later date that the youth justice court specifies. Consecutive youth sentences (13) Subject to subsections (15) and (16), a youth justice court that sentences a young person may direct that a sentence imposed on the young person under paragraph (2)(n), (o), (q) or (r) be served consecutively if the young person (a) is sentenced while under sentence for an offence under any of those paragraphs; or (b) is found guilty of more than one offence under any of those paragraphs. Duration of youth sentence for a single offence (14) No youth sentence, other than an order made under paragraph (2)(j), (n), (o), (q) or (r), shall continue in force for more than two years. If the youth sentence comprises more than one sanction imposed at the same time in respect of the same offence, the combined duration of the sanctions shall not exceed two years, unless the sentence includes a sanction under paragraph (2)(j), (n), (o), (q) or (r) that exceeds two years. Duration of youth sentence for different offences (15) Subject to subsection (16), if more than one youth sentence is imposed under this section in respect of a young person with respect to different offences, the continuous combined duration of those youth sentences shall not exceed three years, except if one of the offences is first degree murder or second degree murder within the meaning of section 231 of the Criminal Code, in which case the continuous combined duration of those youth sentences shall not exceed ten years in the case of first degree murder, or seven years in the case of second degree murder. 2001-2002 Duration of youth sentences made at different times Justice pénale pou (16) If a youth sentence is imposed in respect of an offence committed by a young person after the commencement of, but before the completion of, any youth sentences imposed on the young person, (a) the duration of the sentence imposed in respect of the subsequent offence shall be determined in accordance with subsections (14) and (15); (b) the sentence may be served consecutively to the sentences imposed in respect of the previous offences; and (c) the combined duration of all the sentences may exceed three years and, if the offence is, or one of the previous offences was, (i) first degree murder within the meaning of section 231 of the Criminal Code, the continuous combined duration of the youth sentences may exceed ten years, or (ii) second degree murder within the meaning of section 231 of the Criminal Code, the continuous combined duration of the youth sentences may exceed seven years. Sentence continues when adult (17) Subject to sections 89, 92 and 93 (provisions related to placement in adult facilities) of this Act and section 743.5 (transfer of jurisdiction) of the Criminal Code, a youth sentence imposed on a young person continues in effect in accordance with its terms after the young person becomes an adult. Additional youth sentences 43. Subject to subsection 42(15) (duration of youth sentences), if a young person who is subject to a custodial sentence imposed under paragraph 42(2)(n), (o), (q) or (r) that has not expired receives an additional youth sentence under one of those paragraphs, the young person is, for the purposes of the Corrections and Conditional Release Act, the Criminal Code, the Prisons and Reformatories Act and this Act, deemed to have been sentenced to one youth sentence commencing at the beginning of the first of those youth sentences to be served and ending on the expiry of the last of them to be served. �� Custodial portion if additional youth sentence C. 1 Youth Crimi 44. Subject to subsection 42(15) (duration of youth sentences) and section 46 (exception when youth sentence in respect of earlier offence), if an additional youth sentence under paragraph 42(2)(n), (o), (q) or (r) is imposed on a young person on whom a youth sentence had already been imposed under one of those paragraphs that has not expired and the expiry date of the youth sentence that includes the additional youth sentence, as determined in accordance with section 43, is later than the expiry date of the youth sentence that the young person was serving before the additional youth sentence was imposed, the custodial portion of the young person’s youth sentence is, from the date the additional sentence is imposed, the total of (a) the unexpired portion of the custodial portion of the youth sentence before the additional youth sentence was imposed, and (b) the relevant period set out in subparagraph (i), (ii) or (iii): (i) if the additional youth sentence is imposed under paragraph 42(2)(n), the period that is two thirds of the period that constitutes the difference between the expiry of the youth sentence as determined in accordance with section 43 and the expiry of the youth sentence that the young person was serving before the additional youth sentence was imposed, (ii) if the additional youth sentence is a concurrent youth sentence imposed under paragraph 42(2)(o), (q) or (r), the custodial portion of the youth sentence imposed under that paragraph that extends beyond the expiry date of the custodial portion of the sentence being served before the imposition of the additional sentence, or (iii) if the additional youth sentence is a consecutive youth sentence imposed under paragraph 42(2)(o), (q) or (r), the custodial portion of the additional youth sentence imposed under that paragraph. 2001-2002 Justice pénale pou Supervision when additional youth sentence extends the period in custody 45. (1) If a young person has begun to serve a portion of a youth sentence in the community subject to conditions under paragraph 42(2)(n) or under conditional supervision under paragraph 42(2)(o), (q) or (r) at the time an additional youth sentence is imposed under one of those paragraphs, and, as a result of the application of section 44, the custodial portion of the young person’s youth sentence ends on a day that is later than the day on which the young person received the additional youth sentence, the serving of a portion of the youth sentence under supervision in the community subject to conditions or under conditional supervision shall become inoperative and the young person shall be committed to custody under paragraph 102(1)(b) or 106(b) until the end of the extended portion of the youth sentence to be served in custody. Supervision when additional youth sentence does not extend the period in custody (2) If a youth sentence has been imposed under paragraph 42(2)(n), (o), (q) or (r) on a young person who is under supervision in the community subject to conditions under paragraph 42(2)(n) or under conditional supervision under paragraph 42(2)(o), (q) or (r), and the additional youth sentence would not modify the expiry date of the youth sentence that the young person was serving at the time the additional youth sentence was imposed, the young person may be remanded to the youth custody facility that the provincial director considers appropriate. The provincial director shall review the case and, no later than forty-eight hours after the remand of the young person, shall either refer the case to the youth justice court for a review under section 103 or 109 or release the young person to continue the supervision in the community or the conditional supervision. Supervision when youth sentence additional to supervision (3) If a youth sentence has been imposed under paragraph 42(2)(n), (o), (q) or (r) on a young person who is under conditional supervision under paragraph 94(19)(b) or subsection 96(5), the young person shall be remanded to the youth custody facility that the provincial director considers appropriate. The provincial director shall review the case and, no later than forty-eight hours after the remand of the young person, shall either refer �� C. 1 Youth Crimi the case to the youth justice court for a review under section 103 or 109 or release the young person to continue the conditional supervision. Exception when youth sentence in respect of earlier offence 46. The total of the custodial portions of a young person’s youth sentences shall not exceed six years calculated from the beginning of the youth sentence that is determined in accordance with section 43 if (a) a youth sentence is imposed under paragraph 42(2)(n), (o), (q) or (r) on the young person already serving a youth sentence under one of those paragraphs; and (b) the later youth sentence imposed is in respect of an offence committed before the commencement of the earlier youth sentence. Committal to custody deemed continuous 47. (1) Subject to subsections (2) and (3), a young person who is sentenced under paragraph 42(2)(n) is deemed to be committed to continuous custody for the custodial portion of the sentence. Intermittent custody (2) If the sentence does not exceed ninety days, the youth justice court may order that the custodial portion of the sentence be served intermittently if it is consistent with the purpose and principles set out in section 38. Availability of place of intermittent custody (3) Before making an order of committal to intermittent custody, the youth justice court shall require the prosecutor to make available to the court for its consideration a report of the provincial director as to the availability of a youth custody facility in which an order of intermittent custody can be enforced and, if the report discloses that no such youth custody facility is available, the court shall not make the order. Reasons for the sentence 48. When a youth justice court imposes a youth sentence, it shall state its reasons for the sentence in the record of the case and shall, on request, give or cause to be given a copy of the sentence and the reasons for the sentence to (a) the young person, the young person’s counsel, a parent of the young person, the provincial director and the prosecutor; and 2001-2002 Justice pénale pou (b) in the case of a committal to custody under paragraph 42(2)(n), (o), (q) or (r), the review board. Warrant of committal 49. (1) When a young person is committed to custody, the youth justice court shall issue or cause to be issued a warrant of committal. Custody during transfer (2) A young person who is committed to custody may, in the course of being transferred from custody to the court or from the court to custody, be held under the supervision and control of a peace officer or in any place of temporary detention referred to in subsection 30(1) that the provincial director may specify. Subsection 30(3) applies (3) Subsection 30(3) (detention separate from adults) applies, with any modifications that the circumstances require, in respect of a person held in a place of temporary detention under subsection (2). Application of Part XXIII of Criminal Code 50. (1) Subject to section 74 (application of Criminal Code to adult sentences), Part XXIII (sentencing) of the Criminal Code does not apply in respect of proceedings under this Act except for paragraph 718.2(e) (sentencing principle for aboriginal offenders), sections 722 (victim impact statements), 722.1 (copy of statement) and 722.2 (inquiry by court), subsection 730(2) (court process continues in force) and sections 748 (pardons and remissions), 748.1 (remission by the Governor in Council) and 749 (royal prerogative) of that Act, which provisions apply with any modifications that the circumstances require. Section 787 of Criminal Code does not apply (2) Section 787 (general penalty) of the Criminal Code does not apply in respect of proceedings under this Act. Mandatory prohibition order 51. (1) Despite section 42 (youth sentences), when a young person is found guilty of an offence referred to in any of paragraphs 109(1)(a) to (d) of the Criminal Code, the youth justice court shall, in addition to imposing a sentence under section 42 (youth sentences), make an order prohibiting the young person from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance during the period specified in the order as determined in accordance with subsection (2). �� C. 1 Youth Crimi Duration of prohibition order (2) An order made under subsection (1) begins on the day on which the order is made and ends not earlier than two years after the young person has completed the custodial portion of the sentence or, if the young person is not subject to custody, after the time the young person is found guilty of the offence. Discretionary prohibition order (3) Despite section 42 (youth sentences), where a young person is found guilty of an offence referred to in paragraph 110(1)(a) or (b) of the Criminal Code, the youth justice court shall, in addition to imposing a sentence under section 42 (youth sentences), consider whether it is desirable, in the interests of the safety of the young person or of any other person, to make an order prohibiting the young person from possessing any firearm, cross-bow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, or all such things, and where the court decides that it is so desirable, the court shall so order. Duration of prohibition order (4) An order made under subsection (3) against a young person begins on the day on which the order is made and ends not later than two years after the young person has completed the custodial portion of the sentence or, if the young person is not subject to custody, after the time the young person is found guilty of the offence. Reasons for the prohibition order (5) When a youth justice court makes an order under this section, it shall state its reasons for making the order in the record of the case and shall give or cause to be given a copy of the order and, on request, a transcript or copy of the reasons to the young person against whom the order was made, the counsel and a parent of the young person and the provincial director. Reasons (6) When the youth justice court does not make an order under subsection (3), or when the youth justice court does make such an order but does not prohibit the possession of everything referred to in that subsection, the youth justice court shall include in the record a statement of the youth justice court’s reasons. 2001-2002 Justice pénale pou Application of Criminal Code (7) Sections 113 to 117 (firearm prohibition orders) of the Criminal Code apply in respect of any order made under this section. Report (8) Before making an order referred to in section 113 (lifting firearms order) of the Criminal Code in respect of a young person, the youth justice court may require the provincial director to cause to be prepared, and to submit to the youth justice court, a report on the young person. Review of order made under section 51 52. (1) A youth justice court may, on application, review an order made under section 51 at any time after the end of the period set out in subsection 119(2) (period of access to records) that applies to the record of the offence that resulted in the order being made. Grounds (2) In conducting a review under this section, the youth justice court shall take into account (a) the nature and circumstances of the offence in respect of which the order was made; and (b) the safety of the young person and of other persons. Decision of review (3) When a youth justice court conducts a review under this section, it may, after giving the young person, a parent of the young person, the Attorney General and the provincial director an opportunity to be heard, (a) confirm the order; (b) revoke the order; or (c) vary the order as it considers appropriate in the circumstances of the case. New order not to be more onerous (4) No variation of an order made under paragraph (3)(c) may be more onerous than the order being reviewed. Application of provisions (5) Subsections 59(3) to (5) apply, with any modifications that the circumstances require, in respect of a review under this section. �� C. 1 Youth Crimi Funding for victims 53. (1) The lieutenant governor in council of a province may order that, in respect of any fine imposed in the province under paragraph 42(2)(d), a percentage of the fine as fixed by the lieutenant governor in council be used to provide such assistance to victims of offences as the lieutenant governor in council may direct from time to time. Victim fine surcharge (2) If the lieutenant governor in council of a province has not made an order under subsection (1), a youth justice court that imposes a fine on a young person under paragraph 42(2)(d) may, in addition to any other punishment imposed on the young person, order the young person to pay a victim fine surcharge in an amount not exceeding fifteen per cent of the fine. The surcharge shall be used to provide such assistance to victims of offences as the lieutenant governor in council of the province in which the surcharge is imposed may direct from time to time. Where a fine or other payment is ordered 54. (1) The youth justice court shall, in imposing a fine under paragraph 42(2)(d) or in making an order under paragraph 42(2)(e) or (g), have regard to the present and future means of the young person to pay. Discharge of fine or surcharge (2) A young person on whom a fine is imposed under paragraph 42(2)(d), including any percentage of a fine imposed under subsection 53(1), or on whom a victim fine surcharge is imposed under subsection 53(2), may discharge the fine or surcharge in whole or in part by earning credits for work performed in a program established for that purpose (a) by the lieutenant governor in council of the province in which the fine or surcharge was imposed; or (b) by the lieutenant governor in council of the province in which the young person resides, if an appropriate agreement is in effect between the government of that province and the government of the province in which the fine or surcharge was imposed. 2001-2002 Justice pénale pou Rates, crediting and other matters (3) A program referred to in subsection (2) shall determine the rate at which credits are earned and may provide for the manner of crediting any amounts earned against the fine or surcharge and any other matters necessary for or incidental to carrying out the program. Representations respecting orders under paragraphs 42(2)(e) to (h) (4) In considering whether to make an order under any of paragraphs 42(2)(e) to (h), the youth justice court may consider any representations made by the person who would be compensated or to whom restitution or payment would be made. Notice of orders under paragraphs 42(2)(e) to (h) (5) If the youth justice court makes an order under any of paragraphs 42(2)(e) to (h), it shall cause notice of the terms of the order to be given to the person who is to be compensated or to whom restitution or payment is to be made. Consent of person to be compensated (6) No order may be made under paragraph 42(2)(h) unless the youth justice court has secured the consent of the person to be compensated. Orders under paragraph 42(2)(h), (i) or (m) (7) No order may be made under paragraph 42(2)(h), (i) or (m) unless the youth justice court is satisfied that (a) the young person against whom the order is made is a suitable candidate for such an order; and (b) the order does not interfere with the normal hours of work or education of the young person. Duration of order for service (8) No order may be made under paragraph 42(2)(h) or (i) to perform personal or community services unless those services can be completed in two hundred and forty hours or less and within twelve months after the date of the order. Community service order (9) No order may be made under paragraph 42(2)(i) unless (a) the community service to be performed is part of a program that is approved by the provincial director; or �� C. 1 Youth Crimi (b) the youth justice court is satisfied that the person or organization for whom the community service is to be performed has agreed to its performance. Application for further time to complete youth sentence (10) A youth justice court may, on application by or on behalf of the young person in respect of whom a youth sentence has been imposed under any of paragraphs 42(2)(d) to (i), allow further time for the completion of the sentence subject to any regulations made under paragraph 155(b) and to any rules made by the youth justice court under subsection 17(1). Conditions that must appear in orders 55. (1) The youth justice court shall prescribe, as conditions of an order made under paragraph 42(2)(k) or (l), that the young person (a) keep the peace and be of good behaviour; and (b) appear before the youth justice court when required by the court to do so. Conditions that may appear in orders (2) A youth justice court may prescribe, as conditions of an order made under paragraph 42(2)(k) or (l), that a young person do one or more of the following that the youth justice court considers appropriate in the circumstances: (a) report to and be supervised by the provincial director or a person designated by the youth justice court; (b) notify the clerk of the youth justice court, the provincial director or the youth worker assigned to the case of any change of address or any change in the young person’s place of employment, education or training; (c) remain within the territorial jurisdiction of one or more courts named in the order; (d) make reasonable efforts to obtain and maintain suitable employment; (e) attend school or any other place of learning, training or recreation that is appropriate, if the youth justice court is satisfied that a suitable program for the young person is available there; 2001-2002 Justice pénale pou (f) reside with a parent, or any other adult that the youth justice court considers appropriate, who is willing to provide for the care and maintenance of the young person; (g) reside at a place that the provincial director may specify; (h) comply with any other conditions set out in the order that the youth justice court considers appropriate, including conditions for securing the young person’s good conduct and for preventing the young person from repeating the offence or committing other offences; and (i) not own, possess or have the control of any weapon, ammunition, prohibited ammunition, prohibited device or explosive substance, except as authorized by the order. Communication of order 56. (1) A youth justice court that makes an order under paragraph 42(2)(k) or (l) shall (a) cause the order to be read by or to the young person bound by it; (b) explain or cause to be explained to the young person the purpose and effect of the order, and confirm that the young person understands it; and (c) cause a copy of the order to be given to the young person, and to any parent of the young person who is in attendance at the sentencing hearing. Copy of order to parent (2) A youth justice court that makes an order under paragraph 42(2)(k) or (l) may cause a copy to be given to a parent of the young person who is not in attendance at the proceedings if the parent is, in the opinion of the court, taking an active interest in the proceedings. Endorsement of order by young person (3) After the order has been read and explained under subsection (1), the young person shall endorse on the order an acknowledgement that the young person has received a copy of the order and had its purpose and effect explained. �� C. 1 Youth Crimi Validity of order (4) The failure of a young person to endorse the order or of a parent to receive a copy of the order does not affect the validity of the order. Commencement of order (5) An order made under paragraph 42(2)(k) or (l) comes into force (a) on the date on which it is made; or (b) if a young person receives a sentence that includes a period of continuous custody and supervision, at the end of the period of supervision. Effect of order in case of custody (6) If a young person is subject to a sentence that includes both a period of continuous custody and supervision and an order made under paragraph 42(2)(k) or (l), and the court orders under subsection 42(12) a delay in the start of the period of custody, the court may divide the period that the order made under paragraph 42(2)(k) or (l) is in effect, with the first portion to have effect from the date on which it is made until the start of the period of custody, and the remainder to take effect at the end of the period of supervision. Notice to appear (7) A young person may be given notice either orally or in writing to appear before the youth justice court under paragraph 55(1)(b). Warrant in default of appearance (8) If service of a notice in writing is proved and the young person fails to attend court in accordance with the notice, a youth justice court may issue a warrant to compel the appearance of the young person. Transfer of youth sentence 57. (1) When a youth sentence has been imposed under any of paragraphs 42(2)(d) to (i), (k), (l) or (s) in respect of a young person and the young person or a parent with whom the young person resides is or becomes a resident of a territorial division outside the jurisdiction of the youth justice court that imposed the youth sentence, whether in the same or in another province, a youth justice court judge in the territorial division in which the youth sentence was imposed may, on the application of the Attorney General or on the 2001-2002 Justice pénale pou application of the young person or the young person’s parent, with the consent of the Attorney General, transfer to a youth justice court in another territorial division the youth sentence and any portion of the record of the case that is appropriate. All subsequent proceedings relating to the case shall then be carried out and enforced by that court. No transfer outside province before appeal completed (2) No youth sentence may be transferred from one province to another under this section until the time for an appeal against the youth sentence or the finding on which the youth sentence was based has expired or until all proceedings in respect of any such appeal have been completed. Transfer to a province when person is adult (3) When an application is made under subsection (1) to transfer the youth sentence of a young person to a province in which the young person is an adult, a youth justice court judge may, with the consent of the Attorney General, transfer the youth sentence and the record of the case to the youth justice court in the province to which the transfer is sought, and the youth justice court to which the case is transferred shall have full jurisdiction in respect of the youth sentence as if that court had imposed the youth sentence. The person shall be further dealt with in accordance with this Act. Interprovincial arrangements 58. (1) When a youth sentence has been imposed under any of paragraphs 42(2)(k) to (r) in respect of a young person, the youth sentence in one province may be dealt with in any other province in accordance with any agreement that may have been made between those provinces. Youth justice court retains jurisdiction (2) Subject to subsection (3), when a youth sentence imposed in respect of a young person is dealt with under this section in a province other than that in which the youth sentence was imposed, the youth justice court of the province in which the youth sentence was imposed retains, for all purposes of this Act, exclusive jurisdiction over the young person as if the youth sentence were dealt with within that province, and any warrant or process issued in respect of the young person may be executed or served in any place in Canada outside the province where the youth sentence �� C. 1 Youth Crimi was imposed as if it were executed or served in that province. Waiver of jurisdiction (3) When a youth sentence imposed in respect of a young person is dealt with under this section in a province other than the one in which the youth sentence was imposed, the youth justice court of the province in which the youth sentence was imposed may, with the consent in writing of the Attorney General of that province and the young person, waive its jurisdiction, for the purpose of any proceeding under this Act, to the youth justice court of the province in which the youth sentence is dealt with, in which case the youth justice court in the province in which the youth sentence is dealt with shall have full jurisdiction in respect of the youth sentence as if that court had imposed the youth sentence. Review of youth sentences not involving custody 59. (1) When a youth justice court has imposed a youth sentence in respect of a young person, other than a youth sentence under paragraph 42(2)(n), (o), (q) or (r), the youth justice court shall, on the application of the young person, the young person’s parent, the Attorney General or the provincial director, made at any time after six months after the date of the youth sentence or, with leave of a youth justice court judge, at any earlier time, review the youth sentence if the court is satisfied that there are grounds for a review under subsection (2). Grounds for review (2) A review of a youth sentence may be made under this section (a) on the ground that the circumstances that led to the youth sentence have changed materially; (b) on the ground that the young person in respect of whom the review is to be made is unable to comply with or is experiencing serious difficulty in complying with the terms of the youth sentence; (c) on the ground that the young person in respect of whom the review is to be made has contravened a condition of an order made under paragraph 42(2)(k) or (l) without reasonable excuse; (d) on the ground that the terms of the youth sentence are adversely affecting the oppor2001-2002 Justice pénale pou tunities available to the young person to obtain services, education or employment; or (e) on any other ground that the youth justice court considers appropriate. Progress report (3) The youth justice court may, before reviewing under this section a youth sentence imposed in respect of a young person, require the provincial director to cause to be prepared, and to submit to the youth justice court, a progress report on the performance of the young person since the youth sentence took effect. Subsections 94(10) to (12) apply (4) Subsections 94(10) to (12) apply, with any modifications that the circumstances require, in respect of any progress report required under subsection (3). Subsections 94(7) and (14) to (18) apply (5) Subsections 94(7) and (14) to (18) apply, with any modifications that the circumstances require, in respect of reviews made under this section and any notice required under subsection 94(14) shall also be given to the provincial director. Compelling appearance of young person (6) The youth justice court may, by summons or warrant, compel a young person in respect of whom a review is to be made under this section to appear before the youth justice court for the purposes of the review. Decision of the youth justice court after review (7) When a youth justice court reviews under this section a youth sentence imposed in respect of a young person, it may, after giving the young person, a parent of the young person, the Attorney General and the provincial director an opportunity to be heard, (a) confirm the youth sentence; (b) terminate the youth sentence and discharge the young person from any further obligation of the youth sentence; or (c) vary the youth sentence or impose any new youth sentence under section 42, other than a committal to custody, for any period of time, not exceeding the remainder of the period of the earlier youth sentence, that the court considers appropriate in the circumstances of the case. �� C. 1 Youth Crimi New youth sentence not to be more onerous (8) Subject to subsection (9), when a youth sentence imposed in respect of a young person is reviewed under this section, no youth sentence imposed under subsection (7) shall, without the consent of the young person, be more onerous than the remainder of the youth sentence reviewed. Exception (9) A youth justice court may under this section extend the time within which a youth sentence imposed under paragraphs 42(2)(d) to (i) is to be complied with by a young person if the court is satisfied that the young person requires more time to comply with the youth sentence, but in no case shall the extension be for a period of time that expires more than twelve months after the date the youth sentence would otherwise have expired. Provisions applicable to youth sentences on review 60. This Part and Part 5 (custody and supervision) apply with any modifications that the circumstances require to orders made in respect of reviews of youth sentences under sections 59 and 94 to 96. Adult Sentence and Election Age for purpose of presumptive offences 61. The lieutenant governor in council of a province may by order fix an age greater than fourteen years but not more than sixteen years for the purpose of the application of the provisions of this Act relating to presumptive offences. Imposition of adult sentence 62. An adult sentence shall be imposed on a young person who is found guilty of an indictable offence for which an adult is liable to imprisonment for a term of more than two years in the following cases: (a) in the case of a presumptive offence, if the youth justice court makes an order under subsection 70(2) or paragraph 72(1)(b); or (b) in any other case, if the youth justice court makes an order under subsection 64(5) or paragraph 72(1)(b) in relation to an offence committed after the young person attained the age of fourteen years. Application by young person 63. (1) A young person who is charged with, or found guilty of, a presumptive offence may, at any time before evidence is called as to sentence or, where no evidence is called, 2001-2002 Justice pénale pou before submissions are made as to sentence, make an application for an order that he or she is not liable to an adult sentence and that a youth sentence must be imposed. Application unopposed (2) If the Attorney General gives notice to the youth justice court that the Attorney General does not oppose the application, the youth justice court shall, without a hearing, order that the young person, if found guilty, is not liable to an adult sentence and that a youth sentence must be imposed. Application by Attorney General 64. (1) The Attorney General may, following an application under subsection 42(9) (judicial determination of serious violent offence), if any is made, and before evidence is called as to sentence or, where no evidence is called, before submissions are made as to sentence, make an application for an order that a young person is liable to an adult sentence if the young person is or has been found guilty of an offence, other than a presumptive offence, for which an adult is liable to imprisonment for a term of more than two years, that was committed after the young person attained the age of fourteen years. Notice of intention to seek adult sentence (2) If the Attorney General intends to seek an adult sentence for an offence by making an application under subsection (1), or by establishing that the offence is a presumptive offence within the meaning of paragraph (b) of the definition ‘‘presumptive offence’’ in subsection 2(1), the Attorney General shall, before the young person enters a plea or with leave of the youth justice court before the commencement of the trial, give notice to the young person and the youth justice court of the intention to seek an adult sentence. Included offences (3) A notice of intention to seek an adult sentence given in respect of an offence is notice in respect of any included offence of which the young person is found guilty for which an adult is liable to imprisonment for a term of more than two years. �� C. 1 Youth Crimi Notice to young person (4) If a young person is charged with an offence, other than an offence set out in paragraph (a) of the definition ‘‘presumptive offence’’ in subsection 2(1), and the Attorney General intends to establish, after a finding of guilt, that the offence is a serious violent offence and a presumptive offence within the meaning of paragraph (b) of the definition ‘‘presumptive offence’’ in subsection 2(1) for which the young person is liable to an adult sentence, the Attorney General shall, before the young person enters a plea or, with leave of the youth justice court under subsection (2), before the commencement of the trial, give notice of that intention to the young person. Application unopposed (5) If the young person gives notice to the youth justice court that the young person does not oppose the application for an adult sentence, the youth justice court shall, without a hearing, order that if the young person is found guilty of an offence for which an adult is liable to imprisonment for a term of more than two years, an adult sentence must be imposed. Presumption does not apply 65. If the Attorney General at any stage of proceedings gives notice to the youth justice court that an adult sentence will not be sought in respect of a young person who is alleged to have committed an offence set out in paragraph (a) of the definition ‘‘presumptive offence’’ in subsection 2(1), the court shall order that the young person is not liable to an adult sentence, and the court shall order a ban on publication of information that would identify the young person as having been dealt with under this Act. No election if youth sentence 66. If the youth justice court has made an order under subsection 63(2) or section 65 before a young person is required to be put to an election under section 67, the young person shall not be put to an election unless the young person is alleged to have committed first degree murder or second degree murder within the meaning of section 231 of the Criminal Code. Election — adult sentence 67. (1) Subject to section 66, the youth justice court shall, before a young person enters a plea, put the young person to his or her election in the words set out in subsection (2) if 2001-2002 Justice pénale pou (a) the young person is charged with having committed an offence set out in paragraph (a) of the definition ‘‘presumptive offence’’ in subsection 2(1); (b) the Attorney General has given notice under subsection 64(2) of the intention to seek an adult sentence for an offence committed after the young person has attained the age of fourteen years; (c) the young person is charged with having committed first or second degree murder within the meaning of section 231 of the Criminal Code before the young person has attained the age of fourteen years; or (d) the person to whom section 16 (status of accused uncertain) applies is charged with having, after attaining the age of fourteen years, committed an offence for which an adult would be entitled to an election under section 536 of the Criminal Code, or over which a superior court of criminal jurisdiction would have exclusive jurisdiction under section 469 of that Act. Wording of election (2) The youth justice court shall put the young person to his or her election in the following words: You have the option to elect to be tried by a youth justice court judge without a jury and without having had a preliminary inquiry; or you may elect to have a preliminary inquiry and to be tried by a judge without a jury; or you may elect to have a preliminary inquiry and to be tried by a court composed of a judge and jury. If you do not elect now, you shall be deemed to have elected to have a preliminary inquiry and to be tried by a court composed of a judge and jury. How do you elect to be tried? Election — Nunavut (3) Subject to section 66, in respect of proceedings in Nunavut, the youth justice court shall, before a young person enters a plea, put the young person to his or her election in the words set out in subsection (4) if (a) the young person is charged with having committed an offence set out in paragraph �� C. 1 Youth Crimi (a) of the definition ‘‘presumptive offence’’ in subsection 2(1); (b) the Attorney General has given notice under subsection 64(2) of the intention to seek an adult sentence for an offence committed after the young person has attained the age of fourteen years; (c) the young person is charged with having committed first or second degree murder within the meaning of section 231 of the Criminal Code before the young person has attained the age of fourteen years; or (d) the person to whom section 16 (status of accused uncertain) applies is charged with having, after attaining the age of fourteen years, committed an offence for which an adult would be entitled to an election under section 536.1 of the Criminal Code. Wording of election (4) The youth justice court shall put the young person to his or her election in the following words: You have the option to elect to be tried by a judge of the Nunavut Court of Justice alone, acting as a youth justice court without a jury and without a preliminary inquiry; or you may elect to have a preliminary inquiry and to be tried by a judge of the Nunavut Court of Justice, acting as a youth justice court without a jury; or you may elect to have a preliminary inquiry and to be tried by a judge of the Nunavut Court of Justice, acting as a youth justice court with a jury. If you do not elect now, you shall be deemed to have elected to have a preliminary inquiry and to be tried by a court composed of a judge and jury. How do you elect to be tried? Mode of trial where co-accused are young persons (5) When two or more young persons who are charged with the same offence, who are jointly charged in the same information or indictment or in respect of whom the Attorney General seeks joinder of counts that are set out in separate informations or indictments are put to their election, then, unless all of them elect or re-elect or are deemed to have elected, as the case may be, the same mode of trial, the youth justice court judge 2001-2002 Justice pénale pou (a) may decline to record any election, re-election or deemed election for trial by a youth justice court judge without a jury, a judge without a jury or, in Nunavut, a judge of the Nunavut Court Justice without a jury; and (b) if the judge declines to do so, shall hold a preliminary inquiry unless a preliminary inquiry has been held prior to the election, re-election or deemed election. Attorney General may require trial by jury (6) The Attorney General may, even if a young person elects under subsection (1) or (3) to be tried by a youth justice court judge without a jury or a judge without a jury, require the young person to be tried by a court composed of a judge and jury. Preliminary inquiry (7) When a young person elects to be tried by a judge without a jury, or elects or is deemed to have elected to be tried by a court composed of a judge and jury, the youth justice court referred to in subsection 13(1) shall conduct a preliminary inquiry and if, on its conclusion, the young person is ordered to stand trial, the proceedings shall be conducted (a) before a judge without a jury or a court composed of a judge and jury, as the case may be; or (b) in Nunavut, before a judge of the Nunavut Court of Justice acting as a youth justice court, with or without a jury, as the case may be. Preliminary inquiry provisions of Criminal Code (8) The preliminary inquiry shall be conducted in accordance with the provisions of Part XVIII (procedure on preliminary inquiry) of the Criminal Code, except to the extent that they are inconsistent with this Act. Parts XIX and XX of Criminal Code (9) Proceedings under this Act before a judge without a jury or a court composed of a judge and jury or, in Nunavut, a judge of the Nunavut Court of Justice acting as a youth justice court, with or without a jury, as the case may be, shall be conducted in accordance with the provisions of Parts XIX (indictable offences — trial without jury) and XX (procedure in jury trials and general provisions) of �� C. 1 Youth Crimi the Criminal Code, with any modifications that the circumstances require, except that (a) the provisions of this Act respecting the protection of privacy of young persons prevail over the provisions of the Criminal Code; and (b) the young person is entitled to be represented in court by counsel if the young person is removed from court in accordance with subsection 650(2) of the Criminal Code. Proof of notice under subsection 64(4) 68. (1) When a young person is found guilty of an offence, other than an offence set out in paragraph (a) of the definition ‘‘presumptive offence’’ in subsection 2(1), committed after he or she attained the age of fourteen years, and the Attorney General seeks to establish that the offence is a serious violent offence and a presumptive offence within the meaning of paragraph (b) of the definition ‘‘presumptive offence’’ in subsection 2(1), the Attorney General must satisfy the youth justice court that the young person, before entering a plea, was given notice under subsection 64(4) (intention to prove prior serious violent offences). Determination of serious violent offence (2) If the youth justice court is satisfied that the young person was given notice under subsection 64(4) (intention to prove prior serious violent offences), the Attorney General may make an application in accordance with subsection 42(9) (judicial determination of serious violent offence). Inquiry by court and proof (3) If the youth justice court determines that the offence is a serious violent offence, it shall ask whether the young person admits to the previous judicial determinations of serious violent offences made at different proceedings. If the young person does not admit to any of it, the Attorney General may adduce evidence as proof of the previous judicial determinations in accordance with section 667 of the Criminal Code, with any modifications that the circumstances require. For the purposes of that section, a certified copy of the information or indictment endorsed in accordance with subsection 42(9) (judicial determination of serious violent offence) or a 2001-2002 Justice pénale pou certified copy of a court decision is deemed to be a certificate. Determination by court (4) If the youth justice court, after making its inquiry under subsection (3), is satisfied that the offence is a presumptive offence within the meaning of paragraph (b) of the definition ‘‘presumptive offence’’ in subsection 2(1), the youth justice court shall endorse the information or indictment accordingly. Determination by court (5) If the youth justice court, after making its inquiry under subsection (3), is not satisfied that the offence is a presumptive offence within the meaning of paragraph (b) of the definition ‘‘presumptive offence’’ in subsection 2(1), the Attorney General may make an application under subsection 64(1) (application for adult sentence). Paragraph (a) ‘‘presumptive offence’’ — included offences 69. (1) If a young person who is charged with an offence set out in paragraph (a) of the definition ‘‘presumptive offence’’ in subsection 2(1) is found guilty of committing an included offence for which an adult is liable to imprisonment for a term of more than two years, other than another presumptive offence set out in that paragraph, (a) the Attorney General may make an application under subsection 64(1) (application for adult sentence) without the necessity of giving notice under subsection 64(2), if the finding of guilt is for an offence that is not a presumptive offence; or (b) subsections 68(2) to (5) apply without the necessity of the Attorney General giving notice under subsection 64(2) (intention to seek adult sentence) or (4) (intention to prove prior serious violent offences), if the finding of guilt is for an offence that would be a presumptive offence within the meaning of paragraph (b) of the definition ‘‘presumptive offence’’ in subsection 2(1) if a judicial determination is made that the offence is a serious violent offence and on proof of previous judicial determinations of a serious violent offence. �� C. 1 Youth Crimi Other serious offences — included offences (2) If the Attorney General has given notice under subsection 64(2) of the intention to seek an adult sentence and the young person, after he or she has attained the age of fourteen years, is found guilty of committing an included offence for which an adult is liable to imprisonment for a term of more than two years, the Attorney General may make an application under subsection 64(1) (application for adult sentence) or seek to apply the provisions of section 68. Inquiry by court to young person 70. (1) The youth justice court, after hearing an application under subsection 42(9) (judicial determination of serious violent offence), if any is made, and before evidence is called or, where no evidence is called, before submissions are made as to sentence, shall inquire whether a young person wishes to make an application under subsection 63(1) (application for youth sentence) and if so, whether the Attorney General would oppose it, if (a) the young person has been found guilty of a presumptive offence; (b) the young person has not already made an application under subsection 63(1); and (c) no order has been made under section 65 (young person not liable to adult sentence). No application by young person (2) If the young person indicates that he or she does not wish to make an application under subsection 63(1) (application for youth sentence) or fails to give an indication, the court shall order that an adult sentence be imposed. Hearing — adult sentences 71. The youth justice court shall, at the commencement of the sentencing hearing, hold a hearing in respect of an application under subsection 63(1) (application for youth sentence) or 64(1) (application for adult sentence), unless the court has received notice that the application is not opposed. Both parties and the parents of the young person shall be given an opportunity to be heard at the hearing. 2001-2002 Test — adult sentences Justice pénale pou 72. (1) In making its decision on an application heard in accordance with section 71, the youth justice court shall consider the seriousness and circumstances of the offence, and the age, maturity, character, background and previous record of the young person and any other factors that the court considers relevant, and (a) if it is of the opinion that a youth sentence imposed in accordance with the purpose and principles set out in subparagraph 3(1)(b)(ii) and section 38 would have sufficient length to hold the young person accountable for his or her offending behaviour, it shall order that the young person is not liable to an adult sentence and that a youth sentence must be imposed; and (b) if it is of the opinion that a youth sentence imposed in accordance with the purpose and principles set out in subparagraph 3(1)(b)(ii) and section 38 would not have sufficient length to hold the young person accountable for his or her offending behaviour, it shall order that an adult sentence be imposed. Onus (2) The onus of satisfying the youth justice court as to the matters referred to in subsection (1) is with the applicant. Pre-sentence reports (3) In making its decision, the youth justice court shall consider a pre-sentence report. Court to state reasons (4) When the youth justice court makes an order under this section, it shall state the reasons for its decision. Appeals (5) For the purposes of an appeal in accordance with section 37, an order under subsection (1) is part of the sentence. Court must impose adult sentence 73. (1) When the youth justice court makes an order under subsection 64(5) or 70(2) or paragraph 72(1)(b) in respect of a young person, the court shall, on a finding of guilt, impose an adult sentence on the young person. Court must impose youth sentence (2) When the youth justice court makes an order under subsection 63(2), section 65 or paragraph 72(1)(a) in respect of a young person, the court shall, on a finding of guilt, impose a youth sentence on the young person. �� C. 1 Youth Crimi Application of Parts XXIII and XXIV of Criminal Code 74. (1) Parts XXIII (sentencing) and XXIV (dangerous and long-term offenders) of the Criminal Code apply to a young person in respect of whom the youth justice court has ordered that an adult sentence be imposed. Finding of guilt becomes a conviction (2) A finding of guilt for an offence in respect of which an adult sentence is imposed becomes a conviction once the time allowed for the taking of an appeal has expired or, if an appeal is taken, all proceedings in respect of the appeal have been completed and the appeal court has upheld an adult sentence. Interpretation (3) This section does not affect the time of commencement of an adult sentence under subsection 719(1) of the Criminal Code. Inquiry by the court to the young person 75. (1) If the youth justice court imposes a youth sentence in respect of a young person who has been found guilty of having committed a presumptive offence set out in paragraph (a) of the definition ‘‘presumptive offence’’ in subsection 2(1), or an offence under paragraph (b) of that definition for which the Attorney General has given notice under subsection 64(2) (intention to seek adult sentence), the court shall at the sentencing hearing inquire whether the young person or the Attorney General wishes to make an application under subsection (3) for a ban on publication. No application for a ban (2) If the young person and the Attorney General both indicate that they do not wish to make an application under subsection (3), the court shall endorse the information or indictment accordingly. Order for a ban (3) On application of the young person or the Attorney General, a youth justice court may order a ban on publication of information that would identify the young person as having been dealt with under this Act if the court considers it appropriate in the circumstances, taking into account the importance of rehabilitating the young person and the public interest. 2001-2002 Justice pénale pou Appeals (4) For the purposes of an appeal in accordance with section 37, an order under subsection (3) is part of the sentence. Placement when subject to adult sentence 76. (1) Subject to subsections (2) and (9) and sections 79 and 80 and despite anything else in this Act or any other Act of Parliament, when a young person who is subject to an adult sentence in respect of an offence is sentenced to a term of imprisonment for the offence, the youth justice court shall order that the young person serve any portion of the imprisonment in (a) a youth custody facility separate and apart from any adult who is detained or held in custody; (b) a provincial correctional facility for adults; or (c) if the sentence is for two years or more, a penitentiary. When young person subject to adult penalties (2) The youth justice court that sentences a young person under subsection (1) shall, unless it is satisfied that to do so would not be in the best interests of the young person or would jeopardize the safety of others, (a) if the young person is under the age of eighteen years at the time that he or she is sentenced, order that he or she be placed in a youth custody facility; and (b) if the young person is eighteen years old or older at the time that he or she is sentenced, order that he or she not be placed in a youth custody facility and order that any portion of the sentence be served in a provincial correctional facility for adults or, if the sentence is two years or more, in a penitentiary. Opportunity to be heard (3) Before making an order under subsection (1), the youth justice court shall give the young person, a parent of the young person, the Attorney General, the provincial director and representatives of the provincial and federal correctional systems an opportunity to be heard. Report necessary (4) Before making an order under subsection (1), the youth justice court shall require that a report be prepared for the purpose of assisting the court. �� C. 1 Youth Crimi Appeals (5) For the purposes of an appeal in accordance with section 37, an order under subsection (1) is part of the sentence. Review (6) On application, the youth justice court shall review the placement of a young person under this section and, if satisfied that the circumstances that resulted in the initial order have changed materially, and after having given the young person, a parent of the young person, the Attorney General, the provincial director and the representatives of the provincial and federal correctional systems an opportunity to be heard, the court may order that the young person be placed in (a) a youth custody facility separate and apart from any adult who is detained or held in custody; (b) a provincial correctional facility for adults; or (c) if the sentence is for two years or more, a penitentiary. Who may make application (7) An application referred to in this section may be made by the young person, one of the young person’s parents, the provincial director, representatives of the provincial and federal correctional systems and the Attorney General, after the time for all appeals has expired. Notice (8) When an application referred to in this section is made, the applicant shall cause a notice of the application to be given to the other persons referred to in subsection (7). Limit — age twenty (9) No young person shall remain in a youth custody facility under this section after the young person attains the age of twenty years, unless the youth justice court that makes the order under subsection (1) or reviews the placement under subsection (6) is satisfied that remaining in the youth custody facility would be in the best interests of the young person and would not jeopardize the safety of others. Obligation to inform — parole 77. (1) When a young person is ordered to serve a portion of a sentence in a youth custody facility under paragraph 76(1)(a) (placement when subject to adult sentence), the provincial director shall inform the appropriate parole board. 2001-2002 Justice pénale pou Applicability of Corrections and Conditional Release Act (2) For greater certainty, Part II of the Corrections and Conditional Release Act applies, subject to section 78, with respect to a young person who is the subject of an order under subsection 76(1) (placement when subject to adult sentence). Appropriate parole board (3) The appropriate parole board for the purposes of this section is (a) if subsection 112(1) of the Corrections and Conditional Release Act would apply with respect to the young person but for the fact that the young person was ordered into a youth custody facility, the parole board mentioned in that subsection; and (b) in any other case, the National Parole Board. Release entitlement 78. (1) For greater certainty, section 6 of the Prisons and Reformatories Act applies to a young person who is ordered to serve a portion of a sentence in a youth custody facility under paragraph 76(1)(a) (placement when subject to adult sentence) only if section 743.1 (rules respecting sentences of two or more years) of the Criminal Code would direct that the young person serve the sentence in a prison. Release entitlement (2) For greater certainty, section 127 of the Corrections and Conditional Release Act applies to a young person who is ordered to serve a portion of a sentence in a youth custody facility under paragraph 76(1)(a) (placement when subject to adult sentence) only if section 743.1 (rules respecting sentences of two or more years) of the Criminal Code would direct that the young person serve the sentence in a penitentiary. If person convicted under another Act 79. If a person who is serving all or a portion of a sentence in a youth custody facility under paragraph 76(1)(a) (placement when subject to adult sentence) is sentenced to a term of imprisonment under an Act of Parliament other than this Act, the remainder of the portion of the sentence being served in the �� C. 1 Youth Crimi youth custody facility shall be served in a provincial correctional facility for adults or a penitentiary, in accordance with section 743.1 (rules respecting sentences of two or more years) of the Criminal Code. If person who is serving a sentence under another Act is sentenced to an adult sentence 80. If a person who has been serving a sentence of imprisonment under an Act of Parliament other than this Act is sentenced to an adult sentence of imprisonment under this Act, the sentences shall be served in a provincial correctional facility for adults or a penitentiary, in accordance with section 743.1 (rules respecting sentences of two or more years) of the Criminal Code. Procedure for application or notice 81. An application or a notice to the court under section 63, 64, 65 or 76 must be made or given orally, in the presence of the other party, or in writing with a copy served personally on the other party. Effect of Termination of Youth Sentence Effect of absolute discharge or termination of youth sentence 82. (1) Subject to section 12 (examination as to previous convictions) of the Canada Evidence Act, if a young person is found guilty of an offence, and a youth justice court directs under paragraph 42(2)(b) that the young person be discharged absolutely, or the youth sentence, or any disposition made under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, has ceased to have effect, other than an order under section 51 (mandatory prohibition order) of this Act or section 20.1 (mandatory prohibition order) of the Young Offenders Act, the young person is deemed not to have been found guilty or convicted of the offence except that (a) the young person may plead autrefois convict in respect of any subsequent charge relating to the offence; (b) a youth justice court may consider the finding of guilt in considering an application under subsection 63(1) (application for 2001-2002 Justice pénale pou youth sentence) or 64(1) (application for adult sentence); (c) any court or justice may consider the finding of guilt in considering an application for judicial interim release or in considering what sentence to impose for any offence; and (d) the National Parole Board or any provincial parole board may consider the finding of guilt in considering an application for conditional release or pardon. Disqualifications removed (2) For greater certainty and without restricting the generality of subsection (1), an absolute discharge under paragraph 42(2)(b) or the termination of the youth sentence or disposition in respect of an offence for which a young person is found guilty removes any disqualification in respect of the offence to which the young person is subject under any Act of Parliament by reason of a finding of guilt. Applications for employment (3) No application form for or relating to the following shall contain any question that by its terms requires the applicant to disclose that he or she has been charged with or found guilty of an offence in respect of which he or she has, under this Act or the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, been discharged absolutely, or has completed the youth sentence under this Act or the disposition under the Young Offenders Act: (a) employment in any department, as defined in section 2 of the Financial Administration Act; (b) employment by any Crown corporation, as defined in section 83 of the Financial Administration Act; (c) enrolment in the Canadian Forces; or �� C. 1 Youth Crimi (d) employment on or in connection with the operation of any work, undertaking or business that is within the legislative authority of Parliament. Finding of guilt not a previous conviction (4) A finding of guilt under this Act is not a previous conviction for the purposes of any offence under any Act of Parliament for which a greater punishment is prescribed by reason of previous convictions, except for (a) the purpose of establishing that an offence is a presumptive offence within the meaning of paragraph (b) of the definition ‘‘presumptive offence’’ in subsection 2(1); or (b) the purpose of determining the adult sentence to be imposed. PART 5 CUSTODY AND SUPERVISION Purpose 83. (1) The purpose of the youth custody and supervision system is to contribute to the protection of society by (a) carrying out sentences imposed by courts through the safe, fair and humane custody and supervision of young persons; and (b) assisting young persons to be rehabilitated and reintegrated into the community as law-abiding citizens, by providing effective programs to young persons in custody and while under supervision in the community. Principles to be used (2) In addition to the principles set out in section 3, the following principles are to be used in achieving that purpose: (a) that the least restrictive measures consistent with the protection of the public, of personnel working with young persons and of young persons be used; (b) that young persons sentenced to custody retain the rights of other young persons, except the rights that are necessarily removed or restricted as a consequence of a sentence under this Act or another Act of Parliament; 2001-2002 Justice pénale pou (c) that the youth custody and supervision system facilitate the involvement of the families of young persons and members of the public; (d) that custody and supervision decisions be made in a forthright, fair and timely manner, and that young persons have access to an effective review procedure; and (e) that placements of young persons where they are treated as adults not disadvantage them with respect to their eligibility for and conditions of release. Young person to be held apart from adults 84. Subject to subsection 30(3) (pre-trial detention), paragraphs 76(1)(b) and (c) (placement in adult facilities with adult sentence) and sections 89 to 93 (placement in adult facilities with youth sentence), a young person who is committed to custody shall be held separate and apart from any adult who is detained or held in custody. Levels of custody 85. (1) In the youth custody and supervision system in each province there must be at least two levels of custody for young persons distinguished by the degree of restraint of the young persons in them. Designation of youth custody facilities (2) Every youth custody facility in a province that contains one or more levels of custody shall be designated by (a) in the case of a youth custody facility with only one level of custody, being the level of custody with the least degree of restraint of the young persons in it, the lieutenant governor in council or his or her delegate; and (b) in any other case, the lieutenant governor in council. Provincial director to specify custody level — committal to custody (3) The provincial director shall, when a young person is committed to custody under paragraph 42(2)(n), (o), (q) or (r) or an order is made under subsection 98(3), paragraph 103(2)(b), subsection 104(1) or paragraph 109(2)(b), determine the level of custody appropriate for the young person, after having taken into account the factors set out in subsection (5). �� C. 1 Youth Crimi Provincial director to specify custody level — transfer (4) The provincial director may determine a different level of custody for the young person when the provincial director is satisfied that the needs of the young person and the interests of society would be better served by doing so, after having taken into account the factors set out in subsection (5). Factors (5) The factors referred to in subsections (3) and (4) are (a) that the appropriate level of custody for the young person is the one that is the least restrictive to the young person, having regard to (i) the seriousness of the offence in respect of which the young person was committed to custody and the circumstances in which that offence was committed, (ii) the needs and circumstances of the young person, including proximity to family, school, employment and support services, (iii) the safety of other young persons in custody, and (iv) the interests of society; (b) that the level of custody should allow for the best possible match of programs to the young person’s needs and behaviour, having regard to the findings of any assessment in respect of the young person; and (c) the likelihood of escape. Placement and transfer at appropriate level (6) After the provincial director has determined the appropriate level of custody for the young person under subsection (3) or (4), the young person shall be placed in the youth custody facility that contains that level of custody specified by the provincial director. Notice (7) The provincial director shall cause a notice in writing of a determination under subsection (3) or (4) to be given to the young person and a parent of the young person and set out in that notice the reasons for it. Procedural safeguards 86. (1) The lieutenant governor in council of a province shall ensure that procedures are in place to ensure that the due process rights of the young person are protected with respect to a determination made under subsection 85(3) or (4), including that the young person be 2001-2002 Justice pénale pou (a) provided with any relevant information to which the provincial director has access in making the determination, subject to subsection (2); (b) given the opportunity to be heard; and (c) informed of any right to a review under section 87. Withholding of information (2) Where the provincial director has reasonable grounds to believe that providing the information referred to in paragraph (1)(a) would jeopardize the safety of any person or the security of a facility, he or she may authorize the withholding from the young person of as much information as is strictly necessary in order to protect such safety or security. Review 87. (1) A young person may apply for a review under this section of a determination (a) under subsection 85(3) that would place the young person in a facility at a level of custody that has more than a minimal degree of restraint; or (b) under subsection 85(4) that would transfer a young person to a facility at a level of custody with a higher degree of restraint or increase the degree of restraint of the young person in the facility. Procedural safeguards (2) The lieutenant governor in council of a province shall ensure that procedures are in place for the review under subsection (1), including that (a) the review board that conducts the review be independent; (b) the young person be provided with any relevant information to which the review board has access, subject to subsection (3); and (c) the young person be given the opportunity to be heard. Withholding of information (3) Where the review board has reasonable grounds to believe that providing the information referred to in paragraph (2)(b) would jeopardize the safety of any person or the security of a facility, it may authorize the withholding from the young person of as much information as is strictly necessary in order to protect such safety or security. �� C. 1 Youth Crimi Factors (4) The review board shall take into account the factors referred to in subsection 85(5) in reviewing a determination. Decision is final (5) A decision of the review board under this section in respect of a particular determination is final. Functions to be exercised by youth justice court 88. The lieutenant governor in council of a province may order that the power to make determinations of the level of custody for young persons and to review those determinations be exercised in accordance with the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985. The following provisions of that Act apply, with any modifications that the circumstances require, to the exercise of those powers: (a) the definitions ‘‘review board’’ and ‘‘progress report’’ in subsection 2(1); (b) section 11; (c) sections 24.1 to 24.3; and (d) sections 28 to 31. Exception if young person is twenty years old or older 89. (1) When a young person is twenty years old or older at the time the youth sentence is imposed on him or her under paragraph 42(2)(n), (o), (q) or (r), the young person shall, despite section 85, be committed to a provincial correctional facility for adults to serve the youth sentence. If serving youth sentence in a provincial correctional facility (2) If a young person is serving a youth sentence in a provincial correctional facility for adults pursuant to subsection (1), the youth justice court may, on application of the provincial director at any time after the young person begins to serve a portion of the youth sentence in a provincial correctional facility for adults, after giving the young person, the provincial director and representatives of the provincial and federal correctional systems an opportunity to be heard, authorize the provincial director to direct that the young person serve the remainder of the youth sentence in a penitentiary if the court considers it to be in the best interests of the young person or in the public interest and if, at the time of the application, that remainder is two years or more. 2001-2002 Justice pénale pou Provisions to apply (3) If a young person is serving a youth sentence in a provincial correctional facility for adults or a penitentiary under subsection (1) or (2), the Prisons and Reformatories Act and the Corrections and Conditional Release Act, and any other statute, regulation or rule applicable in respect of prisoners or offenders within the meaning of those Acts, statutes, regulations and rules, apply in respect of the young person except to the extent that they conflict with Part 6 (publication, records and information) of this Act, which Part continues to apply to the young person. Youth worker 90. (1) When a youth sentence is imposed committing a young person to custody, the provincial director of the province in which the young person received the youth sentence and was placed in custody shall, without delay, designate a youth worker to work with the young person to plan for his or her reintegration into the community, including the preparation and implementation of a reintegration plan that sets out the most effective programs for the young person in order to maximize his or her chances for reintegration into the community. Role of youth worker when young person in the community (2) When a portion of a young person’s youth sentence is served in the community in accordance with section 97 or 105, the youth worker shall supervise the young person, continue to provide support to the young person and assist the young person to respect the conditions to which he or she is subject, and help the young person in the implementation of the reintegration plan. Reintegration leave 91. (1) The provincial director of a province may, subject to any terms or conditions that he or she considers desirable, authorize, for a young person committed to a youth custody facility in the province further to an order under paragraph 76(1)(a) (placement when subject to adult sentence) or a youth sentence imposed under paragraph 42(2)(n), (o), (q) or (r), (a) a reintegration leave from the youth custody facility for a period not exceeding thirty days if, in the opinion of the provincial director, it is necessary or desirable that �� C. 1 Youth Crimi the young person be absent, with or without escort, for medical, compassionate or humanitarian reasons or for the purpose of rehabilitating the young person or reintegrating the young person into the community; or (b) that the young person be released from the youth custody facility on the days and during the hours that the provincial director specifies in order that the young person may (i) attend school or any other educational or training institution, (ii) obtain or continue employment or perform domestic or other duties required by the young person’s family, (iii) participate in a program specified by the provincial director that, in the provincial director’s opinion, will enable the young person to better carry out employment or improve his or her education or training, or (iv) attend an out-patient treatment program or other program that provides services that are suitable to addressing the young person’s needs. Renewal of reintegration leave (2) A reintegration leave authorized under paragraph (1)(a) may be renewed by the provincial director for one or more thirty-day periods on reassessment of the case. Revocation of authorization (3) The provincial director of a province may, at any time, revoke an authorization made under subsection (1). Arrest and return to custody (4) If the provincial director revokes an authorization under subsection (3) or if a young person fails to comply with any term or condition of a reintegration leave or a release from custody under this section, the young person may be arrested without warrant and returned to custody. Transfer to adult facility 92. (1) When a young person is committed to custody under paragraph 42(2)(n), (o), (q) or (r), the youth justice court may, on application of the provincial director made at any time after the young person attains the age of eighteen years, after giving the young person, the provincial director and representatives of the provincial correctional system an opportu2001-2002 Justice pénale pou nity to be heard, authorize the provincial director to direct that the young person, subject to subsection (3), serve the remainder of the youth sentence in a provincial correctional facility for adults, if the court considers it to be in the best interests of the young person or in the public interest. If serving youth sentence in a provincial correctional facility (2) The youth justice court may authorize the provincial director to direct that a young person, subject to subsection (3), serve the remainder of a youth sentence in a penitentiary (a) if the youth justice court considers it to be in the best interests of the young person or in the public interest; (b) if the provincial director applies for the authorization at any time after the young person begins to serve a portion of a youth sentence in a provincial correctional facility for adults further to a direction made under subsection (1); (c) if, at the time of the application, that remainder is two years or more; and (d) so long as the youth justice court gives the young person, the provincial director and representatives of the provincial and federal correctional systems an opportunity to be heard. Provisions to apply (3) If the provincial director makes a direction under subsection (1) or (2), the Prisons and Reformatories Act and the Corrections and Conditional Release Act, and any other statute, regulation or rule applicable in respect of prisoners and offenders within the meaning of those Acts, statutes, regulations and rules, apply in respect of the young person except to the extent that they conflict with Part 6 (publication, records and information) of this Act, which Part continues to apply to the young person. Placement when adult and youth sentences (4) If a person is subject to more than one sentence, at least one of which is a youth sentence imposed under paragraph 42(2)(n), (o), (q) or (r) and at least one of which is a sentence referred to in either paragraph (b) or �� C. 1 Youth Crimi (c), he or she shall serve, in a provincial correctional facility for adults or a penitentiary in accordance with section 743.1 (rules respecting sentences of two or more years) of the Criminal Code, the following: (a) the remainder of any youth sentence imposed under paragraph 42(2)(n), (o), (q) or (r); (b) an adult sentence to which an order under paragraph 76(1)(b) or (c) (placement in adult facility) applies; and (c) any sentence of imprisonment imposed otherwise than under this Act. Youth sentence and adult sentence (5) If a young person is committed to custody under a youth sentence under paragraph 42(2)(n), (o), (q) or (r) and is also already subject to an adult sentence to which an order under paragraph 76(1)(a) (placement when subject to adult sentence) applies, the young person may, in the discretion of the provincial director, serve the sentences, or any portion of the sentences, in a youth custody facility, in a provincial correctional facility for adults or, if the unexpired portion of the sentence is two years or more, in a penitentiary. When young person reaches twenty years of age 93. (1) When a young person who is committed to custody under paragraph 42(2)(n), (o), (q) or (r) is in a youth custody facility when the young person attains the age of twenty years, the young person shall be transferred to a provincial correctional facility for adults to serve the remainder of the youth sentence, unless the provincial director orders that the young person continue to serve the youth sentence in a youth custody facility. If serving youth sentence in a provincial correctional facility (2) If a young person is serving a portion of a youth sentence in a provincial correctional facility for adults pursuant to a transfer under subsection (1), the youth justice court may, on application of the provincial director after the transfer, after giving the young person, the provincial director and representatives of the provincial and federal correctional systems an opportunity to be heard, authorize the provincial director to direct that the young person serve the remainder of the youth sentence in a penitentiary if the court considers it to be in 2001-2002 Justice pénale pou the best interests of the young person or in the public interest and if, at the time of the application, that remainder is two years or more. Provisions to apply (3) If the provincial director makes the direction, the Prisons and Reformatories Act and the Corrections and Conditional Release Act, and any other statute, regulation or rule applicable in respect of prisoners and offenders within the meaning of those Acts, statutes, regulations and rules, apply in respect of the young person except to the extent that they conflict with Part 6 (publication, records and information) of this Act, which Part continues to apply to the young person. Annual review 94. (1) When a young person is committed to custody pursuant to a youth sentence under paragraph 42(2)(n), (o), (q) or (r) for a period exceeding one year, the provincial director of the province in which the young person is held in custody shall cause the young person to be brought before the youth justice court without delay at the end of one year from the date of the most recent youth sentence imposed in respect of the offence — and at the end of every subsequent year from that date — and the youth justice court shall review the youth sentence. Annual review (2) When a young person is committed to custody pursuant to youth sentences imposed under paragraph 42(2)(n), (o), (q) or (r) in respect of more than one offence for a total period exceeding one year, the provincial director of the province in which the young person is held in custody shall cause the young person to be brought before the youth justice court without delay at the end of one year from the date of the earliest youth sentence imposed — and at the end of every subsequent year from that date — and the youth justice court shall review the youth sentences. Optional review (3) When a young person is committed to custody pursuant to a youth sentence imposed under paragraph 42(2)(n), (o), (q) or (r) in respect of an offence, the provincial director may, on the provincial director’s own initia�� C. 1 Youth Crimi tive, and shall, on the request of the young person, the young person’s parent or the Attorney General, on any of the grounds set out in subsection (6), cause the young person to be brought before a youth justice court to review the youth sentence, (a) when the youth sentence is for a period not exceeding one year, once at any time after the expiry of the greater of (i) thirty days after the date of the youth sentence imposed under subsection 42(2) in respect of the offence, and (ii) one third of the period of the youth sentence imposed under subsection 42(2) in respect of the offence; and (b) when the youth sentence is for a period exceeding one year, at any time after six months after the date of the most recent youth sentence imposed in respect of the offence. Time for optional review (4) The young person may be brought before the youth justice court at any other time, with leave of the youth justice court judge. Review (5) If a youth justice court is satisfied that there are grounds for review under subsection (6), the court shall review the youth sentence. Grounds for review (6) A youth sentence imposed in respect of a young person may be reviewed under subsection (5) (a) on the ground that the young person has made sufficient progress to justify a change in the youth sentence; (b) on the ground that the circumstances that led to the youth sentence have changed materially; (c) on the ground that new services or programs are available that were not available at the time of the youth sentence; (d) on the ground that the opportunities for rehabilitation are now greater in the community; or (e) on any other ground that the youth justice court considers appropriate. 2001-2002 Justice pénale pou No review if appeal pending (7) Despite any other provision of this section, no review of a youth sentence in respect of which an appeal has been taken shall be made under this section until all proceedings in respect of any such appeal have been completed. Youth justice court may order appearance of young person for review (8) When a provincial director is required under subsections (1) to (3) to cause a young person to be brought before the youth justice court and fails to do so, the youth justice court may, on application made by the young person, his or her parent or the Attorney General, or on its own motion, order the provincial director to cause the young person to be brought before the youth justice court. Progress report (9) The youth justice court shall, before reviewing under this section a youth sentence imposed in respect of a young person, require the provincial director to cause to be prepared, and to submit to the youth justice court, a progress report on the performance of the young person since the youth sentence took effect. Additional information in progress report (10) A person preparing a progress report in respect of a young person may include in the report any information relating to the personal and family history and present environment of the young person that he or she considers advisable. Written or oral report (11) A progress report shall be in writing unless it cannot reasonably be committed to writing, in which case it may, with leave of the youth justice court, be submitted orally in court. Subsections 40(4) to (10) to apply (12) Subsections 40(4) to (10) (procedures respecting pre-sentence reports) apply, with any modifications that the circumstances require, in respect of progress reports. Notice of review from provincial director (13) When a youth sentence imposed in respect of a young person is to be reviewed under subsection (1) or (2), the provincial director shall cause any notice that may be directed by rules of court applicable to the youth justice court or, in the absence of such a direction, at least five clear days notice of the review to be given in writing to the young person, a parent of the young person and the Attorney General. �� C. 1 Youth Crimi Notice of review from person requesting it (14) When a review of a youth sentence imposed in respect of a young person is requested under subsection (3), the person requesting the review shall cause any notice that may be directed by rules of court applicable to the youth justice court or, in the absence of such a direction, at least five clear days notice of the review to be given in writing to the young person, a parent of the young person and the Attorney General. Statement of right to counsel (15) A notice given to a parent under subsection (13) or (14) shall include a statement that the young person whose youth sentence is to be reviewed has the right to be represented by counsel. Service of notice (16) A notice under subsection (13) or (14) may be served personally or may be sent by confirmed delivery service. Notice may be waived (17) Any of the persons entitled to notice under subsection (13) or (14) may waive the right to that notice. If notice not given (18) If notice under subsection (13) or (14) is not given in accordance with this section, the youth justice court may (a) adjourn the proceedings and order that the notice be given in the manner and to the persons that it directs; or (b) dispense with the notice if, in the opinion of the court, having regard to the circumstances, notice may be dispensed with. Decision of the youth justice court after review (19) When a youth justice court reviews under this section a youth sentence imposed in respect of a young person, it may, after giving the young person, a parent of the young person, the Attorney General and the provincial director an opportunity to be heard, having regard to the needs of the young person and the interests of society, (a) confirm the youth sentence; (b) release the young person from custody and place the young person under conditional supervision in accordance with the procedure set out in section 105, with any modifications that the circumstances require, for a period not exceeding the remainder of the youth sentence that the young person is then serving; or 2001-2002 Justice pénale pou (c) if the provincial director so recommends, convert a youth sentence under paragraph 42(2)(r) to a youth sentence under paragraph 42(2)(q) if the offence was murder or to a youth sentence under paragraph 42(2)(n) or (o), as the case may be, if the offence was an offence other than murder. Orders are youth sentences 95. Orders under subsections 97(2) (conditions) and 98(3) (continuation of custody), paragraph 103(2)(b) (continuation of custody), subsections 104(1) (continuation of custody) and 105(1) (conditional supervision) and paragraph 109(2)(b) (continuation of suspension of conditional supervision) are deemed to be youth sentences for the purposes of section 94 (reviews). Recommendation of provincial director for conditional supervision of young person 96. (1) When a young person is held in custody pursuant to a youth sentence under paragraph 42(2)(n), (o), (q) or (r), the provincial director may, if satisfied that the needs of the young person and the interests of society would be better served by doing so, make a recommendation to the youth justice court that the young person be released from custody and placed under conditional supervision. Notice (2) If the provincial director makes a recommendation, the provincial director shall cause a notice to be given in writing that includes the reasons for the recommendation and the conditions that the provincial director would recommend be set under section 105 to the young person, a parent of the young person and the Attorney General and give a copy of the notice to the youth justice court. Application to court for review of recommendation (3) If notice of a recommendation is made under subsection (2) with respect to a youth sentence imposed on a young person, the youth justice court shall, if an application for review is made by the young person, the young person’s parent or the Attorney General within ten days after service of the notice, review the youth sentence without delay. Subsections 94(7), (9) to (12) and (14) to (19) apply (4) Subject to subsection (5), subsections 94(7) (no review of appeal pending), (9) to (12) (progress reports) and (14) to (19) (provisions respecting notice and decision of �� C. 1 Youth Crimi the youth justice court) apply, with any modifications that the circumstances require, in respect of reviews made under this section and any notice required under subsection 94(14) shall also be given to the provincial director. If no application for review made under subsection (3) (5) A youth justice court that receives a notice under subsection (2) shall, if no application for a review is made under subsection (3), (a) order the release of the young person and place the young person under conditional supervision in accordance with section 105, having regard to the recommendations of the provincial director; or (b) if the court considers it advisable, order that the young person not be released. For greater certainty, an order under this subsection may be made without a hearing. Notice when no release ordered (6) When a youth justice court orders that the young person not be released under paragraph (5)(b), it shall cause a notice of its order to be given to the provincial director without delay. Provincial director may request review (7) When the provincial director is given a notice under subsection (6), he or she may request a review under this section. When provincial director requests a review (8) When the provincial director requests a review under subsection (7), (a) the provincial director shall cause any notice that may be directed by rules of court applicable to the youth justice court or, in the absence of such a direction, at least five clear days notice of the review to be given in writing to the young person, a parent of the young person and the Attorney General; and (b) the youth justice court shall review the youth sentence without delay after the notice required under paragraph (a) is given. 2001-2002 Conditions to be included in custody and supervision order Justice pénale pou 97. (1) Every youth sentence imposed under paragraph 42(2)(n) shall contain the following conditions, namely, that the young person, while serving the portion of the youth sentence under supervision in the community, (a) keep the peace and be of good behaviour; (b) report to the provincial director and then be under the supervision of the provincial director; (c) inform the provincial director immediately on being arrested or questioned by the police; (d) report to the police, or any named individual, as instructed by the provincial director; (e) advise the provincial director of the young person’s address of residence and report immediately to the provincial director any change (i) in that address, (ii) in the young person’s normal occupation, including employment, vocational or educational training and volunteer work, (iii) in the young person’s family or financial situation, and (iv) that may reasonably be expected to affect the young person’s ability to comply with the conditions of the sentence; and (f) not own, possess or have the control of any weapon, ammunition, prohibited ammunition, prohibited device or explosive substance, except as authorized in writing by the provincial director for the purposes of the young person participating in a program specified in the authorization. Other conditions (2) The provincial director may set additional conditions that support and address the needs of the young person, promote the reintegration of the young person into the community and offer adequate protection to the public from the risk that the young person might otherwise present. The provincial director shall, in setting the conditions, take into account the needs of the young person, the ��� C. 1 Youth Crimi most effective programs for the young person in order to maximize his or her chances for reintegration into the community, the nature of the offence and the ability of the young person to comply with the conditions. Communication of conditions (3) The provincial director shall (a) cause the conditions to be read by or to the young person bound by them; (b) explain or cause to be explained to the young person the purpose and effect of the conditions, and confirm that the young person understands them; and (c) cause a copy of the conditions to be given to the young person, and to a parent of the young person. Provisions to apply (4) Subsections 56(3) (endorsement of order by young person) and (4) (validity of order) apply, with any modifications that the circumstances require, in respect of conditions under this section. Application for continuation of custody 98. (1) Within a reasonable time before the expiry of the custodial portion of a young person’s youth sentence, the Attorney General or the provincial director may apply to the youth justice court for an order that the young person remain in custody for a period not exceeding the remainder of the youth sentence. Continuation of custody (2) If the hearing for an application under subsection (1) cannot be completed before the expiry of the custodial portion of the youth sentence, the court may order that the young person remain in custody pending the determination of the application if the court is satisfied that the application was made in a reasonable time, having regard to all the circumstances, and that there are compelling reasons for keeping the young person in custody. Decision (3) The youth justice court may, after giving both parties and a parent of the young person an opportunity to be heard, order that a young person remain in custody for a period not exceeding the remainder of the youth sentence, if it is satisfied that there are reasonable grounds to believe that 2001-2002 Justice pénale pou (a) the young person is likely to commit a serious violent offence before the expiry of the youth sentence he or she is then serving; and (b) the conditions that would be imposed on the young person if he or she were to serve a portion of the youth sentence in the community would not be adequate to prevent the commission of the offence. Factors (4) For the purpose of determining an application under subsection (1), the youth justice court shall take into consideration any factor that is relevant to the case of the young person, including (a) evidence of a pattern of persistent violent behaviour and, in particular, (i) the number of offences committed by the young person that caused physical or psychological harm to any other person, (ii) the young person’s difficulties in controlling violent impulses to the point of endangering the safety of any other person, (iii) the use of weapons in the commission of any offence, (iv) explicit threats of violence, (v) behaviour of a brutal nature associated with the commission of any offence, and (vi) a substantial degree of indifference on the part of the young person as to the reasonably foreseeable consequences, to other persons, of the young person’s behaviour; (b) psychiatric or psychological evidence that a physical or mental illness or disorder of the young person is of such a nature that the young person is likely to commit, before the expiry of the youth sentence the young person is then serving, a serious violent offence; (c) reliable information that satisfies the youth justice court that the young person is planning to commit, before the expiry of the youth sentence the young person is then serving, a serious violent offence; ��� C. 1 Youth Crimi (d) the availability of supervision programs in the community that would offer adequate protection to the public from the risk that the young person might otherwise present until the expiry of the youth sentence the young person is then serving; (e) whether the young person is more likely to reoffend if he or she serves his or her youth sentence entirely in custody without the benefits of serving a portion of the youth sentence in the community under supervision; and (f) evidence of a pattern of committing violent offences while he or she was serving a portion of a youth sentence in the community under supervision. Report 99. (1) For the purpose of determining an application under section 98 (application for continuation of custody), the youth justice court shall require the provincial director to cause to be prepared, and to submit to the youth justice court, a report setting out any information of which the provincial director is aware with respect to the factors set out in subsection 98(4) that may be of assistance to the court. Written or oral report (2) A report referred to in subsection (1) shall be in writing unless it cannot reasonably be committed to writing, in which case it may, with leave of the youth justice court, be submitted orally in court. Provisions apply (3) Subsections 40(4) to (10) (procedures respecting pre-sentence reports) apply, with any modifications that the circumstances require, in respect of a report referred to in subsection (1). Notice of hearing (4) When an application is made under section 98 (application for continuation of custody) in respect of a young person, the provincial director shall cause to be given, to the young person and to a parent of the young person, at least five clear days notice of the hearing in writing. Statement of right to counsel (5) Any notice given to a parent under subsection (4) shall include a statement that the young person has the right to be represented by counsel. 2001-2002 Justice pénale pou Service of notice (6) A notice under subsection (4) may be served personally or may be sent by confirmed delivery service. When notice not given (7) When notice under subsection (4) is not given in accordance with this section, the youth justice court may (a) adjourn the hearing and order that the notice be given in any manner and to any person that it directs; or (b) dispense with the giving of the notice if, in the opinion of the youth justice court, having regard to the circumstances, the giving of the notice may be dispensed with. Reasons 100. When a youth justice court makes an order under subsection 98(3) (decision for continued custody), it shall state its reasons for the order in the record of the case and shall provide, or cause to be provided, to the young person in respect of whom the order was made, the counsel and a parent of the young person, the Attorney General and the provincial director (a) a copy of the order; and (b) on request, a transcript or copy of the reasons for the order. Review of youth justice court decision 101. (1) An order made under subsection 98(3) (decision for continued custody) in respect of a young person, or the refusal to make such an order, shall, on application of the young person, the young person’s counsel, the Attorney General or the provincial director made within thirty days after the decision of the youth justice court, be reviewed by the court of appeal, and that court may, in its discretion, confirm or reverse the decision of the youth justice court. Extension of time to make application (2) The court of appeal may, at any time, extend the time within which an application under subsection (1) may be made. Notice of application (3) A person who proposes to apply for a review under subsection (1) shall give notice of the application in the manner and within the period of time that may be directed by rules of court. ��� Breach of conditions C. 1 Youth Crimi 102. (1) If the provincial director has reasonable grounds to believe that a young person has breached or is about to breach a condition to which he or she is subject under section 97 (conditions to be included in custody and supervision orders), the provincial director may, in writing, (a) permit the young person to continue to serve a portion of his or her youth sentence in the community, on the same or different conditions; or (b) if satisfied that the breach is a serious one that increases the risk to public safety, order that the young person be remanded to any youth custody facility that the provincial director considers appropriate until a review is conducted. Provisions apply (2) Sections 107 (apprehension) and 108 (review by provincial director) apply, with any modifications that the circumstances require, to an order under paragraph (1)(b). Review by youth justice court 103. (1) When the case of a young person is referred to the youth justice court under section 108 (review by provincial director), the provincial director shall, without delay, cause the young person to be brought before the youth justice court, and the youth justice court shall, after giving the young person an opportunity to be heard, (a) if the court is not satisfied on reasonable grounds that the young person has breached or was about to breach one of the conditions under which he or she was being supervised in the community, order that the young person continue to serve a portion of his or her youth sentence in the community, on the same or different conditions; or (b) if the court is satisfied on reasonable grounds that the young person has breached or was about to breach one of the conditions under which he or she was being supervised in the community, make an order under subsection (2). Order (2) On completion of a review under subsection (1), the youth justice court (a) shall order that the young person continue to serve the remainder of the youth sentence the young person is then serving in 2001-2002 Justice pénale pou the community, and when the court does so, the court may vary the existing conditions or impose new conditions; or (b) shall, despite paragraph 42(2)(n) (custody and supervision order), order that the young person remain in custody for a period that does not exceed the remainder of the youth sentence the young person is then serving, if the youth justice court is satisfied that the breach of the conditions was serious. Provisions apply (3) Subsections 109(4) to (8) apply, with any modifications that the circumstances require, in respect of a review under this section. Continuation of custody 104. (1) When a young person on whom a youth sentence under paragraph 42(2)(o), (q) or (r) has been imposed is held in custody and an application is made to the youth justice court by the Attorney General, within a reasonable time before the expiry of the custodial portion of the youth sentence, the provincial director of the province in which the young person is held in custody shall cause the young person to be brought before the youth justice court and the youth justice court may, after giving both parties and a parent of the young person an opportunity to be heard and if it is satisfied that there are reasonable grounds to believe that the young person is likely to commit an offence causing the death of or serious harm to another person before the expiry of the youth sentence the young person is then serving, order that the young person remain in custody for a period not exceeding the remainder of the youth sentence. Continuation of custody (2) If the hearing of an application under subsection (1) cannot be completed before the expiry of the custodial portion of the youth sentence, the court may order that the young person remain in custody until the determination of the application if the court is satisfied that the application was made in a reasonable time, having regard to all the circumstances, and that there are compelling reasons for keeping the young person in custody. ��� Factors C. 1 Youth Crimi (3) For the purpose of determining an application under subsection (1), the youth justice court shall take into consideration any factor that is relevant to the case of the young person, including (a) evidence of a pattern of persistent violent behaviour and, in particular, (i) the number of offences committed by the young person that caused physical or psychological harm to any other person, (ii) the young person’s difficulties in controlling violent impulses to the point of endangering the safety of any other person, (iii) the use of weapons in the commission of any offence, (iv) explicit threats of violence, (v) behaviour of a brutal nature associated with the commission of any offence, and (vi) a substantial degree of indifference on the part of the young person as to the reasonably foreseeable consequences, to other persons, of the young person’s behaviour; (b) psychiatric or psychological evidence that a physical or mental illness or disorder of the young person is of such a nature that the young person is likely to commit, before the expiry of the youth sentence the young person is then serving, an offence causing the death of or serious harm to another person; (c) reliable information that satisfies the youth justice court that the young person is planning to commit, before the expiry of the youth sentence the young person is then serving, an offence causing the death of or serious harm to another person; and (d) the availability of supervision programs in the community that would offer adequate protection to the public from the risk that the young person might otherwise present until the expiry of the youth sentence the young person is then serving. 2001-2002 Justice pénale pou Youth justice court to order appearance of young person (4) If a provincial director fails to cause a young person to be brought before the youth justice court under subsection (1), the youth justice court shall order the provincial director to cause the young person to be brought before the youth justice court without delay. Provisions to apply (5) Sections 99 to 101 apply, with any modifications that the circumstances require, in respect of an order made, or the refusal to make an order, under this section. If application denied (6) If an application under this section is denied, the court may, with the consent of the young person, the Attorney General and the provincial director, proceed as though the young person had been brought before the court as required under subsection 105(1). Conditional supervision 105. (1) The provincial director of the province in which a young person on whom a youth sentence under paragraph 42(2)(o), (q) or (r) has been imposed is held in custody or, if applicable, with respect to whom an order has been made under subsection 104(1) (continuation of custody), shall cause the young person to be brought before the youth justice court at least one month before the expiry of the custodial portion of the youth sentence. The court shall, after giving the young person an opportunity to be heard, by order, set the conditions of the young person’s conditional supervision. Conditions to be included in order (2) The youth justice court shall include in the order under subsection (1) the following conditions, namely, that the young person (a) keep the peace and be of good behaviour; (b) appear before the youth justice court when required by the court to do so; (c) report to the provincial director immediately on release, and then be under the supervision of the provincial director or a person designated by the youth justice court; (d) inform the provincial director immediately on being arrested or questioned by the police; (e) report to the police, or any named individual, as instructed by the provincial director; ��� C. 1 Youth Crimi (f) advise the provincial director of the young person’s address of residence on release and after release report immediately to the clerk of the youth justice court or the provincial director any change (i) in that address, (ii) in the young person’s normal occupation, including employment, vocational or educational training and volunteer work, (iii) in the young person’s family or financial situation, and (iv) that may reasonably be expected to affect the young person’s ability to comply with the conditions of the order; (g) not own, possess or have the control of any weapon, ammunition, prohibited ammunition, prohibited device or explosive substance, except as authorized by the order; and (h) comply with any reasonable instructions that the provincial director considers necessary in respect of any condition of the conditional supervision in order to prevent a breach of that condition or to protect society. Other conditions (3) In setting conditions for the purposes of subsection (1), the youth justice court may include in the order the following conditions, namely, that the young person (a) on release, travel directly to the young person’s place of residence, or to any other place that is noted in the order; (b) make reasonable efforts to obtain and maintain suitable employment; (c) attend school or any other place of learning, training or recreation that is appropriate, if the court is satisfied that a suitable program is available for the young person at such a place; (d) reside with a parent, or any other adult that the court considers appropriate, who is willing to provide for the care and maintenance of the young person; 2001-2002 Justice pénale pou (e) reside in any place that the provincial director may specify; (f) remain within the territorial jurisdiction of one or more courts named in the order; (g) comply with conditions set out in the order that support and address the needs of the young person and promote the reintegration of the young person into the community; and (h) comply with any other conditions set out in the order that the court considers appropriate, including conditions for securing the young person’s good conduct and for preventing the young person from repeating the offence or committing other offences. Temporary conditions (4) When a provincial director is required under subsection (1) to cause a young person to be brought before the youth justice court but cannot do so for reasons beyond the young person’s control, the provincial director shall so advise the youth justice court and the court shall, by order, set any temporary conditions for the young person’s conditional supervision that are appropriate in the circumstances. Conditions to be set at first opportunity (5) When an order is made under subsection (4), the provincial director shall bring the young person before the youth justice court as soon after the order is made as the circumstances permit and the court shall then set the conditions of the young person’s conditional supervision. Report (6) For the purpose of setting conditions under this section, the youth justice court shall require the provincial director to cause to be prepared, and to submit to the youth justice court, a report setting out any information that may be of assistance to the court. Provisions apply (7) Subsections 99(2) to (7) (provisions respecting reports and notice) and 104(4) (ordering appearance of young person) apply, with any modifications that the circumstances require, in respect of any proceedings held under subsection (1). Provisions apply (8) Subsections 56(1) to (4) (provisions respecting probation orders), (7) (notice to appear) and (8) (warrant in default) and section 101 (review of youth justice court decision) apply, with any modifications that ��� C. 1 Youth Crimi the circumstances require, in respect of an order made under subsection (1). Suspension of conditional supervision 106. If the provincial director has reasonable grounds to believe that a young person has breached or is about to breach a condition of an order made under subsection 105(1), the provincial director may, in writing, (a) suspend the conditional supervision; and (b) order that the young person be remanded to any youth custody facility that the provincial director considers appropriate until a review is conducted under section 108 and, if applicable, section 109. Apprehension 107. (1) If the conditional supervision of a young person is suspended under section 106, the provincial director may issue a warrant in writing, authorizing the apprehension of the young person and, until the young person is apprehended, the young person is deemed not to be continuing to serve the youth sentence the young person is then serving. Warrants (2) A warrant issued under subsection (1) shall be executed by any peace officer to whom it is given at any place in Canada and has the same force and effect in all parts of Canada as if it had been originally issued or subsequently endorsed by a provincial court judge or other lawful authority having jurisdiction in the place where it is executed. Peace officer may arrest (3) If a peace officer believes on reasonable grounds that a warrant issued under subsection (1) is in force in respect of a young person, the peace officer may arrest the young person without the warrant at any place in Canada. Requirement to bring before provincial director (4) If a young person is arrested under subsection (3) and detained, the peace officer making the arrest shall cause the young person to be brought before the provincial director or a person designated by the provincial director (a) if the provincial director or the designated person is available within a period of twenty-four hours after the young person is arrested, without unreasonable delay and in any event within that period; and 2001-2002 Justice pénale pou (b) if the provincial director or the designated person is not available within that period, as soon as possible. Release or remand in custody (5) If a young person is brought before the provincial director or a person designated by the provincial director under subsection (4), the provincial director or the designated person (a) if not satisfied that there are reasonable grounds to believe that the young person is the young person in respect of whom the warrant referred to in subsection (1) was issued, shall release the young person; or (b) if satisfied that there are reasonable grounds to believe that the young person is the young person in respect of whom the warrant referred to in subsection (1) was issued, may remand the young person in custody to await execution of the warrant, but if no warrant for the young person’s arrest is executed within a period of fortyeight hours after the time the young person is remanded in custody, the person in whose custody the young person then is shall release the young person. Review by provincial director 108. Without delay after the remand to custody of a young person whose conditional supervision has been suspended under section 106, or without delay after being informed of the arrest of such a young person, the provincial director shall review the case and, within forty-eight hours, cancel the suspension of the conditional supervision or refer the case to the youth justice court for a review under section 109. Review by youth justice court 109. (1) If the case of a young person is referred to the youth justice court under section 108, the provincial director shall, without delay, cause the young person to be brought before the youth justice court, and the youth justice court shall, after giving the young person an opportunity to be heard, (a) if the court is not satisfied on reasonable grounds that the young person has breached or was about to breach a condition of the conditional supervision, cancel the suspension of the conditional supervision; or ��� C. 1 Youth Crimi (b) if the court is satisfied on reasonable grounds that the young person has breached or was about to breach a condition of the conditional supervision, review the decision of the provincial director to suspend the conditional supervision and make an order under subsection (2). Order (2) On completion of a review under subsection (1), the youth justice court shall order (a) the cancellation of the suspension of the conditional supervision, and when the court does so, the court may vary the conditions of the conditional supervision or impose new conditions; (b) in a case other than a deferred custody and supervision order made under paragraph 42(2)(p), the continuation of the suspension of the conditional supervision for any period of time, not to exceed the remainder of the youth sentence the young person is then serving, that the court considers appropriate, and when the court does so, the court shall order that the young person remain in custody; or (c) in the case of a deferred custody and supervision order made under paragraph 42(2)(p), that the young person serve the remainder of the order as if it were a custody and supervision order under paragraph 42(2)(n). Custody and supervision order (3) After a court has made a direction under paragraph (2)(c), the provisions of this Act applicable to orders under paragraph 42(2)(n) apply in respect of the deferred custody and supervision order. Factors to be considered (4) In making its decision under subsection (2), the court shall consider the length of time the young person has been subject to the order, whether the young person has previously contravened it, and the nature of the contravention, if any. Reasons (5) When a youth justice court makes an order under subsection (2), it shall state its reasons for the order in the record of the case and shall give, or cause to be given, to the young person in respect of whom the order 2001-2002 Justice pénale pou was made, the counsel and a parent of the young person, the Attorney General and the provincial director, (a) a copy of the order; and (b) on request, a transcript or copy of the reasons for the order. Report (6) For the purposes of a review under subsection (1), the youth justice court shall require the provincial director to cause to be prepared, and to submit to the youth justice court, a report setting out any information of which the provincial director is aware that may be of assistance to the court. Provisions apply (7) Subsections 99(2) to (7) (provisions respecting reports and notice) and 105(6) (report for the purpose of setting conditions) apply, with any modifications that the circumstances require, in respect of a review under this section. Provisions apply (8) Section 101 (review of youth justice court decision) applies, with any modifications that the circumstances require, in respect of an order made under subsection (2). PART 6 PUBLICATION, RECORDS AND INFORMATION Protection of Privacy of Young Persons Identity of offender not to be published Limitation 110. (1) Subject to this section, no person shall publish the name of a young person, or any other information related to a young person, if it would identify the young person as a young person dealt with under this Act. (2) Subsection (1) does not apply (a) in a case where the information relates to a young person who has received an adult sentence; (b) subject to sections 65 (young person not liable to adult sentence) and 75 (youth sentence imposed despite presumptive offence), in a case where the information relates to a young person who has received a youth sentence for an offence set out in paragraph (a) of the definition ‘‘presumptive offence’’ in subsection 2(1), or an ��� C. 1 Youth Crimi offence set out in paragraph (b) of that definition for which the Attorney General has given notice under subsection 64(2) (intention to seek adult sentence); and (c) in a case where the publication of information is made in the course of the administration of justice, if it is not the purpose of the publication to make the information known in the community. Exception (3) A young person referred to in subsection (1) may, after he or she attains the age of eighteen years, publish or cause to be published information that would identify him or her as having been dealt with under this Act or the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, provided that he or she is not in custody pursuant to either Act at the time of the publication. Ex parte application for leave to publish (4) A youth justice court judge shall, on the ex parte application of a peace officer, make an order permitting any person to publish information that identifies a young person as having committed or allegedly committed an indictable offence, if the judge is satisfied that (a) there is reason to believe that the young person is a danger to others; and (b) publication of the information is necessary to assist in apprehending the young person. Order ceases to have effect (5) An order made under subsection (4) ceases to have effect five days after it is made. Application for leave to publish (6) The youth justice court may, on the application of a young person referred to in subsection (1), make an order permitting the young person to publish information that would identify him or her as having been dealt with under this Act or the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, if the court is satisfied that the publication would not be contrary to the young person’s best interests or the public interest. 2001-2002 Justice pénale pou Identity of victim or witness not to be published 111. (1) Subject to this section, no person shall publish the name of a child or young person, or any other information related to a child or a young person, if it would identify the child or young person as having been a victim of, or as having appeared as a witness in connection with, an offence committed or alleged to have been committed by a young person. Exception (2) Information that would serve to identify a child or young person referred to in subsection (1) as having been a victim or a witness may be published, or caused to be published, by (a) that child or young person after he or she attains the age of eighteen years or before that age with the consent of his or her parents; or (b) the parents of that child or young person if he or she is deceased. Application for leave to publish (3) The youth justice court may, on the application of a child or a young person referred to in subsection (1), make an order permitting the child or young person to publish information that would identify him or her as having been a victim or a witness if the court is satisfied that the publication would not be contrary to his or her best interests or the public interest. Nonapplication 112. Once information is published under subsection 110(3) or (6) or 111(2) or (3), subsection 110(1) (identity of offender not to be published) or 111(1) (identity of victim or witness not to be published), as the case may be, no longer applies in respect of the information. Fingerprints and Photographs Identification of Criminals Act applies 113. (1) The Identification of Criminals Act applies in respect of young persons. Limitation (2) No fingerprint, palmprint or photograph or other measurement, process or operation referred to in the Identification of Criminals Act shall be taken of, or applied in respect of, a young person who is charged with having committed an offence except in the circumstances in which an adult may, under that Act, ��� C. 1 Youth Crimi be subjected to the measurements, processes and operations. Records That May Be Kept Youth justice court, review board and other courts 114. A youth justice court, review board or any court dealing with matters arising out of proceedings under this Act may keep a record of any case that comes before it arising under this Act. Police records 115. (1) A record relating to any offence alleged to have been committed by a young person, including the original or a copy of any fingerprints or photographs of the young person, may be kept by any police force responsible for or participating in the investigation of the offence. Police records (2) When a young person is charged with having committed an offence in respect of which an adult may be subjected to any measurement, process or operation referred to in the Identification of Criminals Act, the police force responsible for the investigation of the offence may provide a record relating to the offence to the Royal Canadian Mounted Police. If the young person is found guilty of the offence, the police force shall provide the record. Records held by R.C.M.P. (3) The Royal Canadian Mounted Police shall keep the records provided under subsection (2) in the central repository that the Commissioner of the Royal Canadian Mounted Police may, from time to time, designate for the purpose of keeping criminal history files or records of offenders or keeping records for the identification of offenders. Government records 116. (1) A department or an agency of any government in Canada may keep records containing information obtained by the department or agency (a) for the purposes of an investigation of an offence alleged to have been committed by a young person; (b) for use in proceedings against a young person under this Act; (c) for the purpose of administering a youth sentence or an order of the youth justice court; 2001-2002 Justice pénale pou (d) for the purpose of considering whether to use extrajudicial measures to deal with a young person; or (e) as a result of the use of extrajudicial measures to deal with a young person. Other records (2) A person or organization may keep records containing information obtained by the person or organization (a) as a result of the use of extrajudicial measures to deal with a young person; or (b) for the purpose of administering or participating in the administration of a youth sentence. Access to Records Exception — adult sentence 117. Sections 118 to 129 do not apply to records kept in respect of an offence for which an adult sentence has been imposed once the time allowed for the taking of an appeal has expired or, if an appeal is taken, all proceedings in respect of the appeal have been completed and the appeal court has upheld an adult sentence. The record shall be dealt with as a record of an adult and, for the purposes of the Criminal Records Act, the finding of guilt in respect of the offence for which the record is kept is deemed to be a conviction. No access unless authorized 118. (1) Except as authorized or required by this Act, no person shall be given access to a record kept under sections 114 to 116, and no information contained in it may be given to any person, where to do so would identify the young person to whom it relates as a young person dealt with under this Act. Exception for employees (2) No person who is employed in keeping or maintaining records referred to in subsection (1) is restricted from doing anything prohibited under subsection (1) with respect to any other person so employed. Persons having access to records 119. (1) Subject to subsections (4) to (6), from the date that a record is created until the end of the applicable period set out in subsection (2), the following persons, on request, shall be given access to a record kept ��� C. 1 Youth Crimi under section 114, and may be given access to a record kept under sections 115 and 116: (a) the young person to whom the record relates; (b) the young person’s counsel, or any representative of that counsel; (c) the Attorney General; (d) the victim of the offence or alleged offence to which the record relates; (e) the parents of the young person, during the course of any proceedings relating to the offence or alleged offence to which the record relates or during the term of any youth sentence made in respect of the offence; (f) any adult assisting the young person under subsection 25(7), during the course of any proceedings relating to the offence or alleged offence to which the record relates or during the term of any youth sentence made in respect of the offence; (g) any peace officer for (i) law enforcement purposes, or (ii) any purpose related to the administration of the case to which the record relates, during the course of proceedings against the young person or the term of the youth sentence; (h) a judge, court or review board, for any purpose relating to proceedings against the young person, or proceedings against the person after he or she becomes an adult, in respect of offences committed or alleged to have been committed by that person; (i) the provincial director, or the director of the provincial correctional facility for adults or the penitentiary at which the young person is serving a sentence; (j) a person participating in a conference or in the administration of extrajudicial measures, if required for the administration of the case to which the record relates; (k) a person acting as ombudsman, privacy commissioner or information commissioner, whatever his or her official designation might be, who in the course of his or her 2001-2002 Justice pénale pou duties under an Act of Parliament or the legislature of a province is investigating a complaint to which the record relates; (l) a coroner or a person acting as a child advocate, whatever his or her official designation might be, who is acting in the course of his or her duties under an Act of Parliament or the legislature of a province; (m) a person acting under the Firearms Act; (n) a member of a department or agency of a government in Canada, or of an organization that is an agent of, or under contract with, the department or agency, who is (i) acting in the exercise of his or her duties under this Act, (ii) engaged in the supervision or care of the young person, whether as a young person or an adult, or in an investigation related to the young person under an Act of the legislature of a province respecting child welfare, (iii) considering an application for conditional release or pardon made by the young person, whether as a young person or an adult, (iv) administering a prohibition order made under an Act of Parliament or the legislature of a province, or (v) administering a youth sentence, if the young person has been committed to custody and is serving the custody in a provincial correctional facility for adults or a penitentiary; (o) a person, for the purpose of carrying out a criminal record check required by the Government of Canada or the government of a province or a municipality for purposes of employment or the performance of services, with or without remuneration; (p) an employee or agent of the Government of Canada, for statistical purposes under the Statistics Act; (q) an accused or his or her counsel who swears an affidavit to the effect that access to the record is necessary to make a full answer and defence; ��� C. 1 Youth Crimi (r) a person or a member of a class of persons designated by order of the Governor in Council, or the lieutenant governor in council of the appropriate province, for a purpose and to the extent specified in the order; and (s) any person or member of a class of persons that a youth justice court judge considers has a valid interest in the record, to the extent directed by the judge, if the judge is satisfied that access to the record is (i) desirable in the public interest for research or statistical purposes, or (ii) desirable in the interest of the proper administration of justice. Period of access (2) The period of access referred to in subsection (1) is (a) if an extrajudicial sanction is used to deal with the young person, the period ending two years after the young person consents to be subject to the sanction in accordance with paragraph 10(2)(c); (b) if the young person is acquitted of the offence otherwise than by reason of a verdict of not criminally responsible on account of mental disorder, the period ending two months after the expiry of the time allowed for the taking of an appeal or, if an appeal is taken, the period ending three months after all proceedings in respect of the appeal have been completed; (c) if the charge against the young person is dismissed for any reason other than acquittal, the charge is withdrawn, or the young person is found guilty of the offence and a reprimand is given, the period ending two months after the dismissal, withdrawal, or finding of guilt; (d) if the charge against the young person is stayed, with no proceedings being taken against the young person for a period of one year, at the end of that period; 2001-2002 Justice pénale pou (e) if the young person is found guilty of the offence and the youth sentence is an absolute discharge, the period ending one year after the young person is found guilty; (f) if the young person is found guilty of the offence and the youth sentence is a conditional discharge, the period ending three years after the young person is found guilty; (g) subject to paragraphs (i) and (j) and subsection (9), if the young person is found guilty of the offence and it is a summary conviction offence, the period ending three years after the youth sentence imposed in respect of the offence has been completed; (h) subject to paragraphs (i) and (j) and subsection (9), if the young person is found guilty of the offence and it is an indictable offence, the period ending five years after the youth sentence imposed in respect of the offence has been completed; (i) subject to subsection (9), if, during the period calculated in accordance with paragraph (g) or (h), the young person is found guilty of an offence punishable on summary conviction committed when he or she was a young person, the latest of (i) the period calculated in accordance with paragraph (g) or (h), as the case may be, and (ii) the period ending three years after the youth sentence imposed for that offence has been completed; and (j) subject to subsection (9), if, during the period calculated in accordance with paragraph (g) or (h), the young person is found guilty of an indictable offence committed when he or she was a young person, the period ending five years after the sentence imposed for that indictable offence has been completed. Prohibition orders not included (3) Prohibition orders made under an Act of Parliament or the legislature of a province, including any order made under section 51, shall not be taken into account in determining any period referred to in subsection (2). ��� Extrajudicial measures C. 1 Youth Crimi (4) Access to a record kept under section 115 or 116 in respect of extrajudicial measures, other than extrajudicial sanctions, used in respect of a young person shall be given only to the following persons for the following purposes: (a) a peace officer or the Attorney General, in order to make a decision whether to again use extrajudicial measures in respect of the young person; (b) a person participating in a conference, in order to decide on the appropriate extrajudicial measure; (c) a peace officer, the Attorney General or a person participating in a conference, if access is required for the administration of the case to which the record relates; and (d) a peace officer for the purpose of investigating an offence. Exception (5) When a youth justice court has withheld all or part of a report from any person under subsection 34(9) or (10) (nondisclosure of medical or psychological report) or 40(7) (nondisclosure of pre-sentence report), that person shall not be given access under subsection (1) to that report or part. Records of assessments or forensic DNA analysis (6) Access to a report made under section 34 (medical and psychological reports) or a record of the results of forensic DNA analysis of a bodily substance taken from a young person in execution of a warrant issued under section 487.05 of the Criminal Code may be given only under paragraphs (1)(a) to (c), (e) to (h) and (q) and subparagraph (1)(s)(ii). Introduction into evidence (7) Nothing in paragraph (1)(h) or (q) authorizes the introduction into evidence of any part of a record that would not otherwise be admissible in evidence. Disclosures for research or statistical purposes (8) When access to a record is given to a person under paragraph (1)(p) or subparagraph (1)(s)(i), the person may subsequently disclose information contained in the record, but shall not disclose the information in any form that would reasonably be expected to identify the young person to whom it relates. 2001-2002 Application of usual rules Justice pénale pou (9) If, during the period of access to a record under any of paragraphs (2)(g) to (j), the young person is convicted of an offence committed when he or she is an adult, (a) section 82 (effect of absolute discharge or termination of youth sentence) does not apply to the young person in respect of the offence for which the record is kept under sections 114 to 116; (b) this Part no longer applies to the record and the record shall be dealt with as a record of an adult; and (c) for the purposes of the Criminal Records Act, the finding of guilt in respect of the offence for which the record is kept is deemed to be a conviction. Records of offences that result in a prohibition order (10) Despite anything in this Act, when a young person is found guilty of an offence that results in a prohibition order being made, and the order is still in force at the end of the applicable period for which access to a record kept in respect of the order may be given under subsection (2), (a) the record kept by the Royal Canadian Mounted Police pursuant to subsection 115(3) may be disclosed only to establish the existence of the order for purposes of law enforcement; and (b) the record referred to in section 114 that is kept by the youth justice court may be disclosed only to establish the existence of the order in any offence involving a breach of the order. Access to R.C.M.P. records 120. (1) The following persons may, during the period set out in subsection (3), be given access to a record kept under subsection 115(3) in respect of an offence set out in the schedule: (a) the young person to whom the record relates; (b) the young person’s counsel, or any representative of that counsel; (c) an employee or agent of the Government of Canada, for statistical purposes under the Statistics Act; ��� C. 1 Youth Crimi (d) any person or member of a class of persons that a youth justice court judge considers has a valid interest in the record, to the extent directed by the judge, if the judge is satisfied that access is desirable in the public interest for research or statistical purposes; (e) the Attorney General or a peace officer, when the young person is or has been charged with another offence set out in the schedule or the same offence more than once, for the purpose of investigating any offence that the young person is suspected of having committed, or in respect of which the young person has been arrested or charged, whether as a young person or as an adult; (f) the Attorney General or a peace officer to establish the existence of an order in any offence involving a breach of the order; and (g) any person for the purposes of the Firearms Act. Access for identification purposes (2) During the period set out in subsection (3), access to the portion of a record kept under subsection 115(3) that contains the name, date of birth and last known address of the young person to whom the fingerprints belong, may be given to a person for identification purposes if a fingerprint identified as that of the young person is found during the investigation of an offence or during an attempt to identify a deceased person or a person suffering from amnesia. Period of access (3) For the purposes of subsections (1) and (2), the period of access to a record kept under subsection 115(3) in respect of an offence is the following: (a) if the offence is an indictable offence, other than a presumptive offence, the period starting at the end of the applicable period set out in paragraphs 119(2)(h) to (j) and ending five years later; and (b) if the offence is an offence set out in paragraph (a) of the definition ‘‘presumptive offence’’ in subsection 2(1) or an offence set out in paragraph (b) of that 2001-2002 Justice pénale pou definition for which the Attorney General has given notice under subsection 64(2) (intention to seek adult sentence), the period starting at the end of the applicable period set out in paragraphs 119(2)(h) to (j) and continuing indefinitely. Subsequent offences as young person (4) If a young person was found guilty of an offence set out in the schedule is, during the period of access to a record under subsection (3), found guilty of an additional offence set out in the schedule, committed when he or she was a young person, access to the record may be given to the following additional persons: (a) a parent of the young person or any adult assisting the young person under subsection 25(7); (b) a judge, court or review board, for a purpose relating to proceedings against the young person under this Act or any other Act of Parliament in respect of offences committed or alleged to have been committed by the young person, whether as a young person or as an adult; or (c) a member of a department or agency of a government in Canada, or of an organization that is an agent of, or is under contract with, the department or agency, who is (i) preparing a report in respect of the young person under this Act or for the purpose of assisting a court in sentencing the young person after the young person becomes an adult, (ii) engaged in the supervision or care of the young person, whether as a young person or as an adult, or in the administration of a sentence in respect of the young person, whether as a young person or as an adult, or (iii) considering an application for conditional release or pardon made by the young person after the young person becomes an adult. Disclosure for research or statistical purposes (5) A person who is given access to a record under paragraph (1)(c) or (d) may subsequently disclose information contained in the record, but shall not disclose the information ��� C. 1 Youth Crimi in any form that would reasonably be expected to identify the young person to whom it relates. Subsequent offences as adult (6) If, during the period of access to a record under subsection (3), the young person is convicted of an additional offence set out in the schedule, committed when he or she was an adult, (a) this Part no longer applies to the record and the record shall be dealt with as a record of an adult and may be included on the automated criminal conviction records retrieval system maintained by the Royal Canadian Mounted Police; and (b) for the purposes of the Criminal Records Act, the finding of guilt in respect of the offence for which the record is kept is deemed to be a conviction. Deemed election 121. For the purposes of sections 119 and 120, if no election is made in respect of an offence that may be prosecuted by indictment or proceeded with by way of summary conviction, the Attorney General is deemed to have elected to proceed with the offence as an offence punishable on summary conviction. Disclosure of information and copies of record 122. A person who is required or authorized to be given access to a record under section 119, 120, 123 or 124 may be given any information contained in the record and may be given a copy of any part of the record. Where records may be made available 123. (1) A youth justice court judge may, on application by a person after the end of the applicable period set out in subsection 119(2), order that the person be given access to all or part of a record kept under sections 114 to 116 or that a copy of the record or part be given to that person, (a) if the youth justice court judge is satisfied that (i) the person has a valid and substantial interest in the record or part, (ii) it is necessary for access to be given to the record or part in the interest of the proper administration of justice, and 2001-2002 Justice pénale pou (iii) disclosure of the record or part or the information in it is not prohibited under any other Act of Parliament or the legislature of a province; or (b) if the youth court judge is satisfied that access to the record or part is desirable in the public interest for research or statistical purposes. Restriction for paragraph (1)(a) (2) Paragraph (1)(a) applies in respect of a record relating to a particular young person or to a record relating to a class of young persons only if the identity of young persons in the class at the time of the making of the application referred to in that paragraph cannot reasonably be ascertained and the disclosure of the record is necessary for the purpose of investigating any offence that a person is suspected on reasonable grounds of having committed against a young person while the young person is, or was, serving a sentence. Notice (3) Subject to subsection (4), an application for an order under paragraph (1)(a) in respect of a record shall not be heard unless the person who makes the application has given the young person to whom the record relates and the person or body that has possession of the record at least five days notice in writing of the application, and the young person and the person or body that has possession have had a reasonable opportunity to be heard. Where notice not required (4) A youth justice court judge may waive the requirement in subsection (3) to give notice to a young person when the judge is of the opinion that (a) to insist on the giving of the notice would frustrate the application; or (b) reasonable efforts have not been successful in finding the young person. Use of record (5) In any order under subsection (1), the youth justice court judge shall set out the purposes for which the record may be used. ��� C. 1 Youth Crimi Disclosure for research or statistical purposes (6) When access to a record is given to any person under paragraph (1)(b), that person may subsequently disclose information contained in the record, but shall not disclose the information in any form that would reasonably be expected to identify the young person to whom it relates. Access to record by young person 124. A young person to whom a record relates and his or her counsel may have access to the record at any time. Disclosure of Information in a Record Disclosure by peace officer during investigation 125. (1) A peace officer may disclose to any person any information in a record kept under section 114 (court records) or 115 (police records) that it is necessary to disclose in the conduct of the investigation of an offence. Disclosure by Attorney General (2) The Attorney General may, in the course of a proceeding under this Act or any other Act of Parliament, disclose the following information in a record kept under section 114 (court reports) or 115 (police records): (a) to a person who is a co-accused with the young person in respect of the offence for which the record is kept, any information contained in the record; and (b) to an accused in a proceeding, if the record is in respect of a witness in the proceeding, information that identifies the witness as a young person who has been dealt with under this Act. Information that may be disclosed to a foreign state (3) The Attorney General or a peace officer may disclose to the Minister of Justice of Canada information in a record that is kept under section 114 (court records) or 115 (police records) to the extent that it is necessary to deal with a request to or by a foreign state under the Mutual Legal Assistance in Criminal Matters Act, or for the purposes of any extradition matter under the Extradition Act. The Minister of Justice of Canada may disclose the information to the foreign state in respect of which the request was made, or to which the extradition matter relates, as the case may be. 2001-2002 Justice pénale pou Disclosure to insurance company (4) A peace officer may disclose to an insurance company information in a record that is kept under section 114 (court records) or 115 (police records) for the purpose of investigating a claim arising out of an offence committed or alleged to have been committed by the young person to whom the record relates. Preparation of reports (5) The provincial director or a youth worker may disclose information contained in a record if the disclosure is necessary for procuring information that relates to the preparation of a report required by this Act. Schools and others (6) The provincial director, a youth worker, the Attorney General, a peace officer or any other person engaged in the provision of services to young persons may disclose to any professional or other person engaged in the supervision or care of a young person — including a representative of any school board or school or any other educational or training institution — any information contained in a record kept under sections 114 to 116 if the disclosure is necessary (a) to ensure compliance by the young person with an authorization under section 91 or an order of the youth justice court; (b) to ensure the safety of staff, students or other persons; or (c) to facilitate the rehabilitation of the young person. Information to be kept separate (7) A person to whom information is disclosed under subsection (6) shall (a) keep the information separate from any other record of the young person to whom the information relates; (b) ensure that no other person has access to the information except if authorized under this Act, or if necessary for the purposes of subsection (6); and (c) destroy their copy of the record when the information is no longer required for the purpose for which it was disclosed. ��� C. 1 Youth Crimi Time limit (8) No information may be disclosed under this section after the end of the applicable period set out in subsection 119(2) (period of access to records). Records in the custody, etc., of archivists 126. When records originally kept under sections 114 to 116 are under the custody or control of the National Archivist of Canada or the archivist for any province, that person may disclose any information contained in the records to any other person if (a) a youth justice court judge is satisfied that the disclosure is desirable in the public interest for research or statistical purposes; and (b) the person to whom the information is disclosed undertakes not to disclose the information in any form that could reasonably be expected to identify the young person to whom it relates. Disclosure with court order 127. (1) The youth justice court may, on the 2 application of the provincial director, the Attorney General or a peace officer, make an order permitting the applicant to disclose to the person or persons specified by the court any information about a young person that is specified, if the court is satisfied that the disclosure is necessary, having regard to the following circumstances: (a) the young person has been found guilty of an offence involving serious personal injury; (b) the young person poses a risk of serious harm to persons; and (c) the disclosure of the information is relevant to the avoidance of that risk. Opportunity to be heard (2) Subject to subsection (3), before making an order under subsection (1), the youth justice court shall give the young person, a parent of the young person and the Attorney General an opportunity to be heard. Ex parte application (3) An application under subsection (1) may be made ex parte by the Attorney General where the youth justice court is satisfied that reasonable efforts have been made to locate the young person and that those efforts have not been successful. 2001-2002 Time limit Justice pénale pou (4) No information may be disclosed under subsection (1) after the end of the applicable period set out in subsection 119(2) (period of access to records). Disposition or Destruction of Records and Prohibition on Use and Disclosure Effect of end of access periods 128. (1) Subject to sections 123, 124 and 126, after the end of the applicable period set out in section 119 or 120 no record kept under sections 114 to 116 may be used for any purpose that would identify the young person to whom the record relates as a young person dealt with under this Act or the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985. Disposal of records (2) Subject to paragraph 125(7)(c), any record kept under sections 114 to 116, other than a record kept under subsection 115(3), may, in the discretion of the person or body keeping the record, be destroyed or transmitted to the National Archivist of Canada or the archivist for any province, at any time before or after the end of the applicable period set out in section 119. Disposal of R.C.M.P. records (3) All records kept under subsection 115(3) shall be destroyed or, if the National Archivist of Canada requires it, transmitted to the National Archivist of Canada, at the end of the applicable period set out in section 119 or 120. Purging CPIC (4) The Commissioner of the Royal Canadian Mounted Police shall remove a record from the automated criminal conviction records retrieval system maintained by the Royal Canadian Mounted Police at the end of the applicable period referred to in section 119; however, information relating to a prohibition order made under an Act of Parliament or the legislature of a province shall be removed only at the end of the period for which the order is in force. Exception (5) Despite subsections (1), (2) and (4), an entry that is contained in a system maintained by the Royal Canadian Mounted Police to match crime scene information and that relates to an offence committed or alleged to ��� C. 1 Youth Crimi have been committed by a young person shall be dealt with in the same manner as information that relates to an offence committed by an adult for which a pardon granted under the Criminal Records Act is in effect. Authority to inspect (6) The National Archivist of Canada may, at any time, inspect records kept under sections 114 to 116 that are under the control of a government institution as defined in section 2 of the National Archives of Canada Act, and the archivist for a province may at any time inspect any records kept under those sections that the archivist is authorized to inspect under any Act of the legislature of the province. Definition of ‘‘destroy’’ (7) For the purposes of subsections (2) and (3), ‘‘destroy’’, in respect of a record, means (a) to shred, burn or otherwise physically destroy the record, in the case of a record other than a record in electronic form; and (b) to delete, write over or otherwise render the record inaccessible, in the case of a record in electronic form. No subsequent disclosure 129. No person who is given access to a record or to whom information is disclosed under this Act shall disclose that information to any other person unless the disclosure is authorized under this Act. PART 7 GENERAL PROVISIONS Disqualification of Judge Disqualification of judge 130. (1) Subject to subsection (2), a youth justice court judge who, prior to an adjudication in respect of a young person charged with an offence, examines a pre-sentence report made in respect of the young person in connection with that offence or has, after a guilty plea or a finding of guilt, heard submissions as to sentence and then there has been a change of plea, shall not in any capacity conduct or continue the trial of the young 2001-2002 Justice pénale pou person for the offence and shall transfer the case to another judge to be dealt with according to law. Exception (2) A youth justice court judge may, in the circumstances referred to in subsection (1), with the consent of the young person and the prosecutor, conduct or continue the trial of the young person if the judge is satisfied that he or she has not been predisposed by a guilty plea or finding of guilt, or by information contained in the pre-sentence report or submissions as to sentence. Substitution of Judge Powers of substitute youth justice court judge 131. (1) A youth justice court judge who acts in the place of another youth justice court judge under subsection 669.2(1) (continuation of proceedings) of the Criminal Code shall (a) if an adjudication has been made, proceed to sentence the young person or make the order that, in the circumstances, is authorized by law; or (b) if no adjudication has been made, recommence the trial as if no evidence had been taken. Transcript of evidence already given (2) A youth justice court judge who recommences a trial under paragraph (1)(b) may, if the parties consent, admit into evidence a transcript of any evidence already given in the case. Exclusion from Hearing Exclusion from hearing 132. (1) Subject to subsection (2), a court or justice before whom proceedings are carried out under this Act may exclude any person from all or part of the proceedings if the court or justice considers that the person’s presence is unnecessary to the conduct of the proceedings and the court or justice is of the opinion that (a) any evidence or information presented to the court or justice would be seriously injurious or seriously prejudicial to (i) the young person who is being dealt with in the proceedings, ��� C. 1 Youth Crimi (ii) a child or young person who is a witness in the proceedings, or (iii) a child or young person who is aggrieved by or the victim of the offence charged in the proceedings; or (b) it would be in the interest of public morals, the maintenance of order or the proper administration of justice to exclude any or all members of the public from the court room. Exception (2) Subject to section 650 (accused to be present) of the Criminal Code and except if it is necessary for the purposes of subsection 34(9) (nondisclosure of medical or psychological report) of this Act, a court or justice may not, under subsection (1), exclude from proceedings under this Act (a) the prosecutor; (b) the young person who is being dealt with in the proceedings, the counsel or a parent of the young person or any adult assisting the young person under subsection 25(7); (c) the provincial director or his or her agent; or (d) the youth worker to whom the young person’s case has been assigned. Exclusion after adjudication or during review (3) A youth justice court, after it has found a young person guilty of an offence, or a youth justice court or a review board, during a review, may, in its discretion, exclude from the court or from a hearing of the review board any person other than the following, when it is being presented with information the knowledge of which might, in its opinion, be seriously injurious or seriously prejudicial to the young person: (a) the young person or his or her counsel; (b) the provincial director or his or her agent; (c) the youth worker to whom the young person’s case has been assigned; and (d) the Attorney General. 2001-2002 Exception Justice pénale pou (4) The exception set out in paragraph (3)(a) is subject to subsection 34(9) (nondisclosure of medical or psychological report) of this Act and section 650 (accused to be present) of the Criminal Code. Transfer of Charges Transfer of charges 133. Despite subsections 478(1) and (3) of the Criminal Code, a young person charged with an offence that is alleged to have been committed in one province may, if the Attorney General of the province consents, appear before a youth justice court of any other province and (a) if the young person pleads guilty to that offence and the youth justice court is satisfied that the facts support the charge, the court shall find the young person guilty of the offence alleged in the information or indictment; and (b) if the young person pleads not guilty to that offence, or pleads guilty but the court is not satisfied that the facts support the charge, the young person shall, if he or she was detained in custody prior to the appearance, be returned to custody and dealt with according to law. Forfeiture of Recognizances Applications for forfeiture of recognizances 134. Applications for the forfeiture of recognizances of young persons shall be made to the youth justice court. Proceedings in case of default 135. (1) When a recognizance binding a young person has been endorsed with a certificate under subsection 770(1) of the Criminal Code, a youth justice court judge shall (a) on the request of the Attorney General, fix a time and place for the hearing of an application for the forfeiture of the recognizance; and (b) after fixing a time and place for the hearing, cause to be sent by confirmed delivery service, not less than ten days before the time so fixed, to each principal and surety named in the recognizance, directed to his or her latest known address, ��� C. 1 Youth Crimi a notice requiring him or her to appear at the time and place fixed by the judge to show cause why the recognizance should not be forfeited. Order for forfeiture of recognizance (2) When subsection (1) is complied with, the youth justice court judge may, after giving the parties an opportunity to be heard, in his or her discretion grant or refuse the application and make any order with respect to the forfeiture of the recognizance that he or she considers proper. Judgment debtors of the Crown (3) If, under subsection (2), a youth justice court judge orders forfeiture of a recognizance, the principal and his or her sureties become judgment debtors of the Crown, each in the amount that the judge orders him or her to pay. Order may be filed (4) An order made under subsection (2) may be filed with the clerk of the superior court or, in the province of Quebec, the prothonotary and, if an order is filed, the clerk or the prothonotary shall issue a writ of fieri facias in Form 34 set out in the Criminal Code and deliver it to the sheriff of each of the territorial divisions in which any of the principal and his or her sureties resides, carries on business or has property. If a deposit has been made (5) If a deposit has been made by a person against whom an order for forfeiture of a recognizance has been made, no writ of fieri facias shall issue, but the amount of the deposit shall be transferred by the person who has custody of it to the person who is entitled by law to receive it. Subsections 770(2) and (4) of Criminal Code do not apply (6) Subsections 770(2) (transmission of recognizance) and (4) (transmission of deposit) of the Criminal Code do not apply in respect of proceedings under this Act. Sections 772 and 773 of Criminal Code apply (7) Sections 772 (levy under writ) and 773 (committal when writ not satisfied) of the Criminal Code apply in respect of writs of fieri facias issued under this section as if they were issued under section 771 (proceedings in case of default) of that Act. 2001-2002 Justice pénale pou Offences and Punishment Inducing a young person, etc. 136. (1) Every person who (a) induces or assists a young person to leave unlawfully a place of custody or other place in which the young person has been placed in accordance with a youth sentence or a disposition imposed under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, (b) unlawfully removes a young person from a place referred to in paragraph (a), (c) knowingly harbours or conceals a young person who has unlawfully left a place referred to in paragraph (a), (d) wilfully induces or assists a young person to breach or disobey a term or condition of a youth sentence or other order of the youth justice court, or a term or condition of a disposition or other order under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, or (e) wilfully prevents or interferes with the performance by a young person of a term or condition of a youth sentence or other order of the youth justice court, or a term or condition of a disposition or other order under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years or is guilty of an offence punishable on summary conviction. Absolute jurisdiction of provincial court judge (2) The jurisdiction of a provincial court judge to try an adult charged with an indictable offence under this section is absolute and does not depend on the consent of the accused. ��� C. 1 Youth Crimi Failure to comply with sentence or disposition 137. Every person who is subject to a youth sentence imposed under any of paragraphs 42(2)(c) to (m) or (s) of this Act, to a victim fine surcharge ordered under subsection 53(2) of this Act or to a disposition made under any of paragraphs 20(1)(a.1) to (g), (j) or (l) of the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, and who wilfully fails or refuses to comply with that sentence, surcharge or disposition is guilty of an offence punishable on summary conviction. Offences 138. (1) Every person who contravenes subsection 110(1) (identity of offender not to be published), 111(1) (identity of victim or witness not to be published), 118(1) (no access to records unless authorized) or 128(3) (disposal of R.C.M.P. records) or section 129 (no subsequent disclosure) of this Act, or subsection 38(1) (identity not to be published), (1.12) (no subsequent disclosure), (1.14) (no subsequent disclosure by school) or (1.15) (information to be kept separate), 45(2) (destruction of records) or 46(1) (prohibition against disclosure) of the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years; or (b) is guilty of an offence punishable on summary conviction. Provincial court judge has absolute jurisdiction on indictment (2) The jurisdiction of a provincial court judge to try an adult charged with an offence under paragraph (1)(a) is absolute and does not depend on the consent of the accused. Offence and punishment 139. (1) Every person who wilfully fails to comply with section 30 (designated place of temporary detention), or with an undertaking entered into under subsection 31(3) (condition of placement), (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years; or 2001-2002 Justice pénale pou (b) is guilty of an offence punishable on summary conviction. Offence and punishment (2) Every person who wilfully fails to comply with section 7 (designated place of temporary detention) of the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, or with an undertaking entered into under subsection 7.1(2) (condition of placement) of that Act is guilty of an offence punishable on summary conviction. Punishment (3) Any person who uses or authorizes the use of an application form in contravention of subsection 82(3) (application for employment) is guilty of an offence punishable on summary conviction. Application of Criminal Code Application of Criminal Code 140. Except to the extent that it is inconsistent with or excluded by this Act, the provisions of the Criminal Code apply, with any modifications that the circumstances require, in respect of offences alleged to have been committed by young persons. Sections of Criminal Code applicable 141. (1) Except to the extent that they are inconsistent with or excluded by this Act, section 16 (defence of mental disorder) and Part XX.1 (mental disorder) of the Criminal Code, except sections 672.65 (capping of offences) and 672.66 (hearing application procedures), apply, with any modifications that the circumstances require, in respect of proceedings under this Act in relation to offences alleged to have been committed by young persons. Notice and copies to counsel and parents (2) For the purposes of subsection (1), (a) wherever in Part XX.1 (mental disorder) of the Criminal Code a reference is made to a copy to be sent or otherwise given to an accused or a party to the proceedings, the reference shall be read as including a reference to a copy to be sent or otherwise given to (i) any counsel representing the young person, ��� C. 1 Youth Crimi (ii) a parent of the young person who is in attendance at the proceedings against the young person, and (iii) a parent of the young person not in attendance at the proceedings who is, in the opinion of the youth justice court or Review Board, taking an active interest in the proceedings; and (b) wherever in Part XX.1 (mental disorder) of the Criminal Code a reference is made to notice to be given to an accused or a party to proceedings, the reference shall be read as including a reference to notice to be given to a parent of the young person and any counsel representing the young person. Proceedings not invalid (3) Subject to subsection (4), failure to give a notice referred to in paragraph (2)(b) to a parent of a young person does not affect the validity of proceedings under this Act. Exception (4) Failure to give a notice referred to in paragraph (2)(b) to a parent of a young person in any case renders invalid any subsequent proceedings under this Act relating to the case unless (a) a parent of the young person attends at the court or Review Board with the young person; or (b) a youth justice court judge or Review Board before whom proceedings are held against the young person (i) adjourns the proceedings and orders that the notice be given in the manner and to the persons that the judge or Review Board directs, or (ii) dispenses with the notice if the youth justice court or Review Board is of the opinion that, having regard to the circumstances, the notice may be dispensed with. No hospital order assessments (5) A youth justice court may not make an order under section 672.11 (assessment order) of the Criminal Code in respect of a young person for the purpose of assisting in the determination of a matter mentioned in paragraph (e) of that section. 2001-2002 Justice pénale pou Considerations of court or Review Board making a disposition (6) Before making or reviewing a disposition in respect of a young person under Part XX.1 (mental disorder) of the Criminal Code, a youth justice court or Review Board shall consider the age and special needs of the young person and any representations or submissions made by a parent of the young person. Cap applicable to young persons (7) Subject to subsection (9), for the purpose of applying subsection 672.64(3) (cap for various offences) of the Criminal Code to proceedings under this Act in relation to an offence alleged to have been committed by a young person, the applicable cap shall be the maximum period during which the young person would be subject to a youth sentence by the youth justice court if found guilty of the offence. Application to increase cap of unfit young person subject to adult sentence (8) If a young person is charged with a presumptive offence or notice has been given under subsection 64(2) (intention to seek adult sentence), and the young person is found unfit to stand trial, the Attorney General may apply to the court to increase the cap that will apply to the young person. Consideration of youth justice court for increase in cap (9) The youth justice court, after giving the Attorney General and the counsel and a parent of the young person in respect of whom subsection (8) applies an opportunity to be heard, shall take into consideration (a) the seriousness and circumstances of the alleged offence, (b) the age, maturity, character and background of the young person and any previous criminal record, (c) the likelihood that the young person will cause significant harm to any person if released on expiry of the cap that applies to the young person under subsection (7), and (d) the respective caps that would apply to the young person under this Act and under the Criminal Code. If the court is satisfied that it would make an order under subsection 64(5) (application for ��� C. 1 Youth Crimi adult sentence unopposed) or 70(2) (no application by young person to avoid adult sentence) or paragraph 72(1)(b) (imposition of adult sentence) if the young person were fit to stand trial, it shall apply to the young person the cap that would apply to an adult for the same offence. Prima facie case to be made every year (10) For the purpose of applying subsection 672.33(1) (fitness to stand trial) of the Criminal Code to proceedings under this Act in relation to an offence alleged to have been committed by a young person, wherever in that subsection a reference is made to two years, there shall be substituted a reference to one year. Designation of hospitals for young persons (11) A reference in Part XX.1 (mental disorder) of the Criminal Code to a hospital in a province shall be construed as a reference to a hospital designated by the Minister of Health for the province for the custody, treatment or assessment of young persons. Definition of ‘‘Review Board’’ (12) In this section, ‘‘Review Board’’ has the meaning assigned by section 672.1 of the Criminal Code. Part XXVII and summary conviction trial provisions of Criminal Code to apply 142. (1) Subject to this section and except to the extent that they are inconsistent with this Act, the provisions of Part XXVII (summary conviction offences) of the Criminal Code, and any other provisions of that Act that apply in respect of summary conviction offences and relate to trial proceedings, apply to proceedings under this Act (a) in respect of an order under section 810 (recognizance — fear of injury or damage), 810.01 (recognizance — fear of criminal organization offence) or 810.2 (recognizance — fear of serious personal injury offence) of that Act or an offence under section 811 (breach of recognizance) of that Act; (b) in respect of a summary conviction offence; and 2001-2002 Justice pénale pou (c) in respect of an indictable offence as if it were defined in the enactment creating it as a summary conviction offence. Indictable offences (2) For greater certainty and despite subsection (1) or any other provision of this Act, an indictable offence committed by a young person is, for the purposes of this Act or any other Act of Parliament, an indictable offence. Attendance of young person (3) Section 650 of the Criminal Code applies in respect of proceedings under this Act, whether the proceedings relate to an indictable offence or an offence punishable on summary conviction. Limitation period (4) In proceedings under this Act, subsection 786(2) of the Criminal Code does not apply in respect of an indictable offence. Costs (5) Section 809 of the Criminal Code does not apply in respect of proceedings under this Act. Procedure Counts charged in information 143. Indictable offences and offences punishable on summary conviction may under this Act be charged in the same information or indictment and tried jointly. Issue of subpoena 144. (1) If a person is required to attend to give evidence before a youth justice court, the subpoena directed to that person may be issued by a youth justice court judge, whether or not the person whose attendance is required is within the same province as the youth justice court. Service of subpoena (2) A subpoena issued by a youth court and directed to a person who within the same province as the youth court shall be served personally on the to whom it is directed. justice is not justice person ��� Warrant C. 1 Youth Crimi 145. A warrant issued by a youth justice court may be executed anywhere in Canada. Evidence General law on admissibility of statements to apply 146. (1) Subject to this section, the law relating to the admissibility of statements made by persons accused of committing offences applies in respect of young persons. When statements are admissible (2) No oral or written statement made by a young person who is less than eighteen years old, to a peace officer or to any other person who is, in law, a person in authority, on the arrest or detention of the young person or in circumstances where the peace officer or other person has reasonable grounds for believing that the young person has committed an offence is admissible against the young person unless (a) the statement was voluntary; (b) the person to whom the statement was made has, before the statement was made, clearly explained to the young person, in language appropriate to his or her age and understanding, that (i) the young person is under no obligation to make a statement, (ii) any statement made by the young person may be used as evidence in proceedings against him or her, (iii) the young person has the right to consult counsel and a parent or other person in accordance with paragraph (c), and (iv) any statement made by the young person is required to be made in the presence of counsel and any other person consulted in accordance with paragraph (c), if any, unless the young person desires otherwise; (c) the young person has, before the statement was made, been given a reasonable opportunity to consult (i) with counsel, and 2001-2002 Justice pénale pou (ii) with a parent or, in the absence of a parent, an adult relative or, in the absence of a parent and an adult relative, any other appropriate adult chosen by the young person, as long as that person is not a co-accused, or under investigation, in respect of the same offence; and (d) if the young person consults a person in accordance with paragraph (c), the young person has been given a reasonable opportunity to make the statement in the presence of that person. Exception in certain cases for oral statements (3) The requirements set out in paragraphs (2)(b) to (d) do not apply in respect of oral statements if they are made spontaneously by the young person to a peace officer or other person in authority before that person has had a reasonable opportunity to comply with those requirements. Waiver of right to consult (4) A young person may waive the rights under paragraph (2)(c) or (d) but any such waiver (a) must be recorded on video tape or audio tape; or (b) must be in writing and contain a statement signed by the young person that he or she has been informed of the right being waived. Waiver of right to consult (5) When a waiver of rights under paragraph (2)(c) or (d) is not made in accordance with subsection (4) owing to a technical irregularity, the youth justice court may determine that the waiver is valid if it is satisfied that the young person was informed of his or her rights, and voluntarily waived them. Admissibility of statements (6) When there has been a technical irregularity in complying with paragraphs (2)(b) to (d), the youth justice court may admit into evidence a statement referred to in subsection (2), if satisfied that the admission of the statement would not bring into disrepute the principle that young persons are entitled to enhanced procedural protection to ensure that they are treated fairly and their rights are protected. ��� C. 1 Youth Crimi Statements made under duress are inadmissible (7) A youth justice court judge may rule inadmissible in any proceedings under this Act a statement made by the young person in respect of whom the proceedings are taken if the young person satisfies the judge that the statement was made under duress imposed by any person who is not, in law, a person in authority. Misrepresentation of age (8) A youth justice court judge may in any proceedings under this Act rule admissible any statement or waiver by a young person if, at the time of the making of the statement or waiver, (a) the young person held himself or herself to be eighteen years old or older; (b) the person to whom the statement or waiver was made conducted reasonable inquiries as to the age of the young person and had reasonable grounds for believing that the young person was eighteen years old or older; and (c) in all other circumstances the statement or waiver would otherwise be admissible. Parent, etc., not a person in authority (9) For the purpose of this section, a person consulted under paragraph (2)(c) is, in the absence of evidence to the contrary, deemed not to be a person in authority. Statements not admissible against young person 147. (1) Subject to subsection (2), if a young person is assessed in accordance with an order made under subsection 34(1) (medical or psychological assessment), no statement or reference to a statement made by the young person during the course and for the purposes of the assessment to the person who conducts the assessment or to anyone acting under that person’s direction is admissible in evidence, without the consent of the young person, in any proceeding before a court, tribunal, body or person with jurisdiction to compel the production of evidence. Exceptions (2) A statement referred to in subsection (1) is admissible in evidence for the purposes of (a) making a decision on an application heard under section 71 (hearing — adult sentences); (b) determining whether the young person is unfit to stand trial; 2001-2002 Justice pénale pou (c) determining whether the balance of the mind of the young person was disturbed at the time of commission of the alleged offence, if the young person is a female person charged with an offence arising out of the death of her newly-born child; (d) making or reviewing a sentence in respect of the young person; (e) determining whether the young person was, at the time of the commission of an alleged offence, suffering from automatism or a mental disorder so as to be exempt from criminal responsibility by virtue of subsection 16(1) of the Criminal Code, if the accused puts his or her mental capacity for criminal intent into issue, or if the prosecutor raises the issue after verdict; (f) challenging the credibility of a young person in any proceeding if the testimony of the young person is inconsistent in a material particular with a statement referred to in subsection (1) that the young person made previously; (g) establishing the perjury of a young person who is charged with perjury in respect of a statement made in any proceeding; (h) deciding an application for an order under subsection 104(1) (continuation of custody); (i) setting the conditions under subsection 105(1) (conditional supervision); (j) conducting a review under subsection 109(1) (review of decision); or (k) deciding an application for a disclosure order under subsection 127(1) (information about a young person). Testimony of a parent 148. (1) In any proceedings under this Act, the testimony of a parent as to the age of a person of whom he or she is a parent is admissible as evidence of the age of that person. ��� Evidence of age by certificate or record C. 1 Youth Crimi (2) In any proceedings under this Act, (a) a birth or baptismal certificate or a copy of it purporting to be certified under the hand of the person in whose custody those records are held is evidence of the age of the person named in the certificate or copy; and (b) an entry or record of an incorporated society that has had the control or care of the person alleged to have committed the offence in respect of which the proceedings are taken at or about the time the person came to Canada is evidence of the age of that person, if the entry or record was made before the time when the offence is alleged to have been committed. Other evidence (3) In the absence of any certificate, copy, entry or record mentioned in subsection (2), or in corroboration of that certificate, copy, entry or record, the youth justice court may receive and act on any other information relating to age that it considers reliable. When age may be inferred (4) In any proceedings under this Act, the youth justice court may draw inferences as to the age of a person from the person’s appearance or from statements made by the person in direct examination or cross-examination. Admissions 149. (1) A party to any proceedings under this Act may admit any relevant fact or matter for the purpose of dispensing with proof of it, including any fact or matter the admissibility of which depends on a ruling of law or of mixed law and fact. Other party may adduce evidence (2) Nothing in this section precludes a party to a proceeding from adducing evidence to prove a fact or matter admitted by another party. Material evidence 150. Any evidence material to proceedings under this Act that would not but for this section be admissible in evidence may, with the consent of the parties to the proceedings 2001-2002 Justice pénale pou and if the young person is represented by counsel, be given in such proceedings. Evidence of a child or young person 151. The evidence of a child or a young person may be taken in proceedings under this Act only after the youth justice court judge or the justice in the proceedings has (a) if the witness is a child, instructed the child as to the duty to speak the truth and the consequences of failing to do so; and (b) if the witness is a young person and the judge or justice considers it necessary, instructed the young person as to the duty to speak the truth and the consequences of failing to do so. Proof of service 152. (1) For the purposes of this Act, service of any document may be proved by oral evidence given under oath by, or by the affidavit or statutory declaration of, the person claiming to have personally served it or sent it by confirmed delivery service. Proof of signature and official character unnecessary (2) If proof of service of any document is offered by affidavit or statutory declaration, it is not necessary to prove the signature or official character of the person making or taking the affidavit or declaration, if the official character of that person appears on the face of the affidavit or declaration. Seal not required 153. It is not necessary to the validity of any information, indictment, summons, warrant, minute, sentence, conviction, order or other process or document laid, issued, filed or entered in any proceedings under this Act that any seal be attached or affixed to it. Forms, Regulations and Rules of Court Forms 154. (1) The forms prescribed under section 155, varied to suit the case, or forms to the like effect, are valid and sufficient in the circumstances for which they are provided. ��� C. 1 Youth Crimi If forms not prescribed (2) In any case for which forms are not prescribed under section 155, the forms set out in Part XXVIII of the Criminal Code, with any modifications that the circumstances require, or other appropriate forms, may be used. Regulations 155. The Governor in Council may make regulations (a) prescribing forms that may be used for the purposes of this Act; (b) establishing uniform rules of court for youth justice courts across Canada, including rules regulating the practice and procedure to be followed by youth justice courts; and (c) generally for carrying out the purposes and provisions of this Act. Agreements with Provinces Agreements with provinces 156. Any minister of the Crown may, with the approval of the Governor in Council, enter into an agreement with the government of any province providing for payments by Canada to the province in respect of costs incurred by the province or a municipality in the province for care of and services provided to young persons dealt with under this Act. Programs Communitybased programs 157. The Attorney General of Canada or a minister designated by the lieutenant governor in council of a province may establish the following types of community-based programs: (a) programs that are an alternative to judicial proceedings, such as victim-offender reconciliation programs, mediation programs and restitution programs; (b) programs that are an alternative to detention before sentencing, such as bail supervision programs; and (c) programs that are an alternative to custody, such as intensive support and supervision programs, and programs to carry out attendance orders. 2001-2002 Justice pénale pou PART 8 TRANSITIONAL PROVISIONS Prohibition on proceedings 158. On and after the coming into force of this section, no proceedings may be commenced under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, in respect of an offence within the meaning of that Act, or under the Juvenile Delinquents Act, chapter J-3 of the Revised Statutes of Canada, 1970, in respect of a delinquency within the meaning of that Act. Proceedings commenced under Young Offenders Act 159. (1) Subject to section 161, where, before the coming into force of this section, proceedings are commenced under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, in respect of an offence within the meaning of that Act alleged to have been committed by a person who was at the time of the offence a young person within the meaning of that Act, the proceedings and all related matters shall be dealt with in all respects as if this Act had not come into force. Proceedings commenced under Juvenile Delinquents Act (2) Subject to section 161, where, before the coming into force of this section, proceedings are commenced under the Juvenile Delinquents Act, chapter J-3 of the Revised Statutes of Canada, 1970, in respect of a delinquency within the meaning of that Act alleged to have been committed by a person who was at the time of the delinquency a child as defined in that Act, the proceedings and all related matters shall be dealt with under this Act as if the delinquency were an offence that occurred after the coming into force of this section. Offences committed before this section in force 160. Any person who, before the coming into force of this section, while he or she was a young person, committed an offence in respect of which no proceedings were commenced before the coming into force of this section shall be dealt with under this Act as if the offence occurred after the coming into force of this section, except that (a) paragraph 62(a) applies only if the offence is one set out in paragraph (a) of ��� C. 1 Youth Crimi the definition ‘‘presumptive offence’’ in subsection 2(1) and the young person was at least sixteen years old at the time of its commission; (b) paragraph 110(2)(b) does not apply in respect of the offence; and (c) paragraph 42(2)(r) applies in respect of the offence only if the young person consents to its application. Applicable sentence 161. (1) A person referred to in section 159 who is found guilty of an offence or delinquency, other than a person convicted of an offence in ordinary court, as defined in subsection 2(1) of the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, shall be sentenced under this Act, except that (a) paragraph 110(2)(b) does not apply in respect of the offence or delinquency; and (b) paragraph 42(2)(r) applies in respect of the offence or delinquency only if the young person consents to its application. The provisions of this Act applicable to sentences imposed under section 42 apply in respect of the sentence. Dispositions under paragraph 20(1)(k) or (k.1) of Young Offenders Act (2) Where a young person is to be sentenced under this Act while subject to a disposition under paragraph 20(1)(k) or (k.1) of the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, on the application of the Attorney General or the young person, a youth justice court shall, unless to do so would bring the administration of justice into disrepute, order that the remaining portion of the disposition made under that Act be dealt with, for all purposes under this Act or any other Act of Parliament, as if it had been a sentence imposed under paragraph 42(2)(n) or (q) of this Act, as the case may be. Review of sentence (3) For greater certainty, for the purpose of determining when the sentence is reviewed under section 94, the relevant date is the one on which the disposition came into force under the Young Offenders Act, chap2001-2002 Justice pénale pou ter Y-1 of the Revised Statutes of Canada, 1985. Proceedings commence with information 162. For the purposes of sections 158 to 160, proceedings are commenced by the laying of an information or indictment. Application to delinquency and other offending behaviour 163. Sections 114 to 129 apply, with any modifications that the circumstances require, in respect of records relating to the offence of delinquency under the Juvenile Delinquents Act, chapter J-3 of the Revised Statutes of Canada, 1970, and in respect of records kept under sections 40 to 43 of the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985. Agreements continue in force 164. Any agreement made under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, remains in force until it expires, unless it is amended or a new agreement is made under this Act. Designation of youth justice court 165. (1) Any court established or designated as a youth court for the purposes of the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, is deemed, as of the coming into force of this section, to have been established or designated as a youth justice court for the purposes of this Act. Designation of youth justice court judges (2) Any person appointed to be a judge of the youth court for the purposes of the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, is deemed, as of the coming into force of this section, to have been appointed as a judge of the youth justice court for the purposes of this Act. Designation of provincial directors and youth workers (3) Any person, group or class of persons or body appointed or designated as a provincial director for the purposes of the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, and any person appointed or designated as a youth worker for the purposes of that Act is deemed, as of the coming into force of this section, to have been appointed or desig��� C. 1 Youth Crimi nated as a provincial director or youth worker, as the case may be, for the purposes of this Act. Designation of review boards and youth justice committees (4) Any review board established or designated for the purposes of the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, and any youth justice committee established for the purposes of that Act is deemed, as of the coming into force of this section, to have been established or designated as a review board or a youth justice committee, as the case may be, for the purposes of this Act. Alternative measures continued as extrajudicial sanctions (5) Any program of alternative measures authorized for the purposes of the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, is deemed, as of the coming into force of this section, to be a program of extrajudicial sanctions authorized for the purposes of this Act. Designation of places of temporary detention and youth custody (6) Subject to subsection (7), any place that was designated as a place of temporary detention or open custody for the purposes of the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, and any place or facility designated as a place of secure custody for the purposes of that Act is deemed, as of the coming into force of this section, to have been designated for the purposes of this Act as (a) in the case of a place of temporary detention, a place of temporary detention; and (b) in the case of a place of open custody or secure custody, a youth custody facility. Exception (7) If the lieutenant governor in council of a province makes an order under section 88 that the power to make determinations of the level of custody for young persons and to review those determinations be exercised in accordance with the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, the designation of any place as a place of open custody or secure custody for the purposes of that Act remains in force for the purposes of section 88, subject to 2001-2002 Justice pénale pou revocation or amendment of the designation. Designation of other persons (8) Any person designated as a clerk of the youth court for the purposes of the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, or any person or group of persons who were designated under that Act to carry out specified functions and duties are deemed, as of the coming into force of this section, to have been designated as a clerk of the youth justice court, or to carry out the same functions and duties, as the case may be, under this Act. PART 9 CONSEQUENTIAL AMENDMENTS, REPEAL AND COMING INTO FORCE Consequential Amendments R.S., c. C-5 Canada Evidence Act R.S., c. 19 (3rd Supp.), s. 17 166. Subsection 4(2) of the Canada Evidence Act is replaced by the following: Accused and spouse (2) The wife or husband of a person charged with an offence under subsection 136(1) of the Youth Criminal Justice Act or with an offence under any of sections 151, 152, 153, 155 or 159, subsection 160(2) or (3), or sections 170 to 173, 179, 212, 215, 218, 271 to 273, 280 to 283, 291 to 294 or 329 of the Criminal Code, or an attempt to commit any such offence, is a competent and compellable witness for the prosecution without the consent of the person charged. 1992, c. 47 Contraventions Act 167. (1) The definition ‘‘youth court’’ in section 2 of the English version of the Contraventions Act is repealed. (2) The definition ‘‘tribunal pour adolescents’’ in section 2 of the French version of the Act is replaced by the following: « tribunal pour adolescents » ‘‘youth justice court’’ « tribunal pour adolescents » À l’égard d’une contravention qui aurait été commise par un ��� C. 1 Youth Crimi adolescent sur le territoire, ou dans le ressort des tribunaux, d’une province, le tribunal établi ou désigné sous le régime d’une loi provinciale, ou encore désigné par le gouverneur en conseil ou par le lieutenantgouverneur en conseil, afin d’exercer les attributions du tribunal pour adolescents dans le cadre de la Loi sur le système de justice pénale pour les adolescents. (3) Section 2 of the English version of the Act is amended by adding the following in alphabetical order: ‘‘youth justice court’’ « tribunal pour adolescents » ‘‘youth justice court’’ means, in respect of a contravention alleged to have been committed by a young person in, or otherwise within the territorial jurisdiction of the courts of, a province, the court established or designated by or under an Act of the legislature of the province, or designated by the Governor in Council or lieutenant governor in council of the province, as the youth justice court for the purposes of the Youth Criminal Justice Act. 1996, c. 7, s. 2 168. Section 5 of the Act is replaced by the following: Relationship with Criminal Code and Youth Criminal Justice Act 5. The provisions of the Criminal Code relating to summary conviction offences and the provisions of the Youth Criminal Justice Act apply to proceedings in respect of contraventions that are commenced under this Act, except to the extent that this Act, the regulations or the rules of court provide otherwise. 169. Subsection 17(2) of the Act is replaced by the following: Jurisdiction of adult courts over young persons (2) Notwithstanding the Youth Criminal Justice Act, a contraventions court or a justice of the peace has jurisdiction, to the exclusion of that of the youth justice court, in respect of any contravention alleged to have been committed by a young person in, or otherwise within the territorial jurisdiction of the courts of, a province the lieutenant governor in council of which has ordered that any such contravention be dealt with in ordinary court. 2001-2002 Justice pénale pou 170. Paragraph 62(2)(a) of the Act is replaced by the following: (a) for the committal of the offender to custody under the Youth Criminal Justice Act, for one day, if the offender is a young person; or 1992, c. 20 Corrections and Conditional Release Act 1995, c. 42, s. 1(2) 171. The definition ‘‘sentence’’ in subsection 2(1) of the Corrections and Conditional Release Act is replaced by the following: ‘‘sentence’’ « peine » ou « peine d’emprisonnement » ‘‘sentence’’ means a sentence of imprisonment and includes a youth sentence imposed under the Youth Criminal Justice Act and a sentence imposed by a court of a foreign state on a Canadian offender who has been transferred to Canada pursuant to the Transfer of Offenders Act; 172. Subsection 15(1) of the Act is replaced by the following: Newfoundland 15. (1) Notwithstanding any requirement in the Criminal Code or under the Youth Criminal Justice Act that a person be sentenced, committed or transferred to penitentiary, such a person in the Province of Newfoundland shall not be received in a penitentiary without the approval of an officer designated by the Lieutenant Governor of Newfoundland. 1995, c. 22, s. 13 (Sch.II, item 4), c. 42, par. 69(a)(E) 173. The definition ‘‘offender’’ in subsection 99(1) of the Act is replaced by the following: ‘‘offender’’ « délinquant » ‘‘offender’’ means (a) a person, other than a young person within the meaning of the Youth Criminal Justice Act, who is under a sentence imposed before or after the coming into force of this section (i) pursuant to an Act of Parliament or, to the extent that this Part applies, pursuant to a provincial Act, or (ii) on conviction for criminal or civil contempt of court if the sentence does not include a requirement that the offender return to that court, or ��� C. 1 Youth Crimi (b) a young person within the meaning of the Youth Criminal Justice Act with respect to whom an order, committal or direction under section 76, 89, 92 or 93 of that Act has been made, but does not include a person whose only sentence is a sentence being served intermittently pursuant to section 732 of the Criminal Code; 174. The Act is amended by adding the following after section 99.1: Young persons 99.2 In this Part, a young person within the meaning of the Youth Criminal Justice Act with respect to whom a committal or direction under section 89, 92 or 93 of that Act has been made begins to serve his or her sentence on the day on which the sentence comes into force in accordance with subsection 42(12) of that Act. R.S., c. C-46 Criminal Code 1995, c. 27, s. 1 175. The definitions ‘‘adult’’, ‘‘provincial court judge’’ and ‘‘young person’’ in section 487.04 of the Criminal Code are replaced by the following: ‘‘adult’’ « adulte » ‘‘adult’’ has the meaning assigned by subsection 2(1) of the Youth Criminal Justice Act; ‘‘provincial court judge’’ « juge de la cour provinciale » ‘‘provincial court judge’’, in relation to a young person, includes a youth justice court judge within the meaning of subsection 2(1) of the Youth Criminal Justice Act; ‘‘young person’’ « adolescent » ‘‘young person’’ has the meaning assigned by subsection 2(1) of the Youth Criminal Justice Act. 1998, c. 37, s. 17 176. The portion of subsection 487.051(1) of the Act before paragraph (a), as enacted by section 17 of the DNA Identification Act, is replaced by the following: 2001-2002 Justice pénale pou Order 487.051 (1) Subject to section 487.053, if a person is convicted, discharged under section 730 or, in the case of a young person, found guilty under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, or the Youth Criminal Justice Act of a designated offence, the court 1998, c. 37, s. 17 177. Subsection 487.052(1) of the Act, as enacted by section 17 of the DNA Identification Act, is replaced by the following: Offences committed before DNA Identification Act in force 487.052 (1) Subject to section 487.053, if a person is convicted, discharged under section 730 or, in the case of a young person, found guilty under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, or the Youth Criminal Justice Act, of a designated offence committed before the coming into force of subsection 5(1) of the DNA Identification Act, the court may, on application by the prosecutor, make an order in Form 5.04 authorizing the taking, from that person or young person, for the purpose of forensic DNA analysis, of any number of samples of one or more bodily substances that is reasonably required for that purpose, by means of the investigative procedures described in subsection 487.06(1), if the court is satisfied that it is in the best interests of the administration of justice to do so. 1998, c. 37, s. 17 178. Paragraph 487.053(b) of the English version of the Act, as enacted by section 17 of the DNA Identification Act, is replaced by the following: (b) by the person or young person, that they consent to the entry, in the convicted offenders index of the national DNA data bank established under that Act, of the results of DNA analysis of bodily substances that were provided voluntarily in the course of the investigation of, or taken from them in execution of a warrant that was issued under section 487.05 in respect of, the designated offence of which the person has been convicted, discharged under section 730 or, in the case of a young person, found guilty under the Young Of��� C. 1 Youth Crimi fenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, or the Youth Criminal Justice Act, or another designated offence in respect of the same transaction. 1998, c. 37, c. 17 179. Subsection 487.056(1) of the English version of the Act, as enacted by section 17 of the DNA Identification Act, is replaced by the following: When collection to take place 487.056 (1) Samples of bodily substances referred to in sections 487.051 and 487.052 shall be taken at the time the person is convicted, discharged under section 730 or, in the case of a young person, found guilty under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, or the Youth Criminal Justice Act, or as soon as is feasible afterwards, even though an appeal may have been taken. 1998, c. 37, s. 20 180. Paragraphs 487.071(1)(a) and (b) of the Act, as enacted by section 20 of the DNA Identification Act, are replaced by the following: (a) provided voluntarily in the course of an investigation of a designated offence by any person who is later convicted, discharged under section 730 or, in the case of a young person, found guilty under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, or the Youth Criminal Justice Act of the designated offence or another designated offence in respect of the same transaction and who, having been so convicted, discharged or found guilty, consents to having the results entered in the convicted offenders index; (b) taken in execution of a warrant under section 487.05 from a person who is later convicted, discharged under section 730 or, in the case of a young person, found guilty under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, or the Youth Criminal Justice Act of the designated offence in respect of which the warrant was issued or another designated offence in respect of the same transaction and who, having been so convicted, dis2001-2002 Justice pénale pou charged or found guilty, consents to having the results entered in the convicted offenders index; 181. The portion of subsection 667(1) of the Act before paragraph (b) is replaced by the following: Proof of previous conviction 667. (1) In any proceedings, (a) a certificate setting out with reasonable particularity the conviction or discharge under section 730, the finding of guilt under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, the finding of guilt under the Youth Criminal Justice Act, or the judicial determination under subsection 42(9) of that Act, or the conviction and sentence or finding of guilt and sentence in Canada of an offender, signed by (i) the person who made the conviction, order for the discharge, finding of guilt or judicial determination, (ii) the clerk of the court in which the conviction, order for the discharge, finding of guilt or judicial determination was made, or (iii) a fingerprint examiner, is, on proof that the accused or defendant is the offender referred to in the certificate, evidence that the accused or defendant was so convicted, so discharged or so convicted and sentenced or found guilty and sentenced, or that a judicial determination was made against the accused or defendant, without proof of the signature or the official character of the person appearing to have signed the certificate; 1997, c. 18, par. 141(c) 182. Subsection 718.3(4) of the Act is replaced by the following: Cumulative punishments (4) The court or youth justice court that sentences an accused may direct that the terms of imprisonment that are imposed by the court or the youth justice court or that result from the operation of subsection 734(4) or 743.5(1) or (2) shall be served consecutively, when ��� C. 1 Youth Crimi (a) the accused is sentenced while under sentence for an offence, and a term of imprisonment, whether in default of payment of a fine or otherwise, is imposed; (b) the accused is found guilty or convicted of an offence punishable with both a fine and imprisonment and both are imposed; (c) the accused is found guilty or convicted of more than one offence, and (i) more than one fine is imposed, (ii) terms of imprisonment for the respective offences are imposed, or (iii) a term of imprisonment is imposed in respect of one offence and a fine is imposed in respect of another offence; or (d) subsection 743.5(1) or (2) applies. 1995, c. 22, s. 6 183. Paragraph 721(3)(b) of the Act is replaced by the following: (b) subject to subsection 119(2) of the Youth Criminal Justice Act, the history of previous dispositions under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, the history of previous sentences under the Youth Criminal Justice Act, and of previous findings of guilt under this Act and any other Act of Parliament; 1995, c. 22, s. 6, paras. 19(b), 20(b) 184. Sections 743.4 and 743.5 of the Act are replaced by the following: Transfer of jurisdiction when person already sentenced under Youth Criminal Justice Act 743.5 (1) If a young person or an adult is or has been sentenced to a term of imprisonment for an offence while subject to a disposition made under paragraph 20(1)(k) or (k.1) of the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, or a youth sentence imposed under paragraph 42(2)(n), (o), (q) or (r) of the Youth Criminal Justice Act, the disposition or youth sentence shall be dealt with, for all purposes under this Act or any other Act of Parliament, as if it had been a sentence imposed under this Act. 2001-2002 Justice pénale pou Transfer of jurisdiction when youth sentence imposed under Youth Criminal Justice Act (2) If a disposition is made under paragraph 20(1)(k) or (k.1) of the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, with respect to a person or a youth sentence is imposed on a person under paragraph 42(2)(n), (o), (q) or (r) of the Youth Criminal Justice Act while the young person or adult is under sentence of imprisonment imposed under an Act of Parliament other than the Youth Criminal Justice Act, the disposition or youth sentence shall be dealt with, for all purposes under this Act or any other Act of Parliament, as if it had been a sentence imposed under this Act. Sentences deemed to constitute one sentence — section 743.1 (3) For greater certainty, the dispositions and sentences referred to in subsections (1) and (2) are, for the purpose of section 139 of the Corrections and Conditional Release Act, deemed to constitute one sentence of imprisonment. 1998, c. 37, s. 24 185. The first paragraph of Form 5.03 of the Act, as enacted by section 24 of the DNA Identification Act, is replaced by the following: Whereas (name of offender) has been convicted, discharged under section 730 of the Criminal Code or, in the case of a young person, found guilty under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, or the Youth Criminal Justice Act of (offence), an offence that is a primary designated offence within the meaning of section 487.04 of the Criminal Code; 1998, c. 37, s. 24 186. The portion of the first paragraph of Form 5.04 of the Act before paragraph (a), as enacted by section 24 of the DNA Identification Act, is replaced by the following: Whereas (name of offender), in this order called the ‘‘offender’’, has been convicted, discharged under section 730 of the Criminal Code or, in the case of a young person, found guilty under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, ��� C. 1 Youth Crimi or the Youth Criminal Justice Act of (offence), an offence that is 1998, c. 37 DNA Identification Act 187. The definition ‘‘young person’’ in section 2 of the DNA Identification Act is replaced by the following: ‘‘young person’’ « adolescent » ‘‘young person’’ has the meaning assigned by subsection 2(1) of the Youth Criminal Justice Act. 188. (1) The portion of paragraph 9(2)(c) of the Act before subparagraph (i) is replaced by the following: (c) in the case of information in relation to a young person who has been found guilty under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, or the Youth Criminal Justice Act of any of the following offences, the expiry of ten years after the sentence or all dispositions made in respect of the offence have been completed, namely, (2) Paragraphs 9(2)(d) and (e) of the Act are replaced by the following: (d) in the case of information in relation to a young person who has been found guilty under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, or the Youth Criminal Justice Act of a designated offence, other than an offence referred to in any of subparagraphs (c)(i) to (iii) and sections 235 (first degree murder or second degree murder), 236 (manslaughter), 239 (attempt to commit murder) and 273 (aggravated sexual assault) of the Criminal Code, the expiry of five years after the sentence or all dispositions made in respect of the offence have been completed; and (e) in the case of information in relation to a young person who has been found guilty under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, or the Youth Criminal Justice Act of a designated offence that is a summary conviction 2001-2002 Justice pénale pou offence, the expiry of three years after the sentence or all dispositions made in respect of the offence have been completed. 189. (1) The portion of paragraph 10(7)(c) of the Act before subparagraph (i) is replaced by the following: (c) if the person is a young person who has been found guilty under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, or the Youth Criminal Justice Act of any of the following offences, after the expiry of ten years after the sentence or all dispositions made in respect of the offence have been completed, namely, (2) Paragraphs 10(7)(d) and (e) of the Act are replaced by the following: (d) if the person is a young person who has been found guilty under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, or the Youth Criminal Justice Act of a designated offence, other than an offence referred to in any of subparagraphs (c)(i) to (iii) and sections 235 (first degree murder or second degree murder), 236 (manslaughter), 239 (attempt to commit murder) and 273 (aggravated sexual assault) of the Criminal Code, after the expiry of five years after the sentence or all dispositions made in respect of the offence have been completed; and (e) if the person is a young person who has been found guilty under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, or the Youth Criminal Justice Act of a designated offence that is a summary conviction offence, after the expiry of three years after the sentence or all dispositions made in respect of the offence have been completed. ��� 1999, c. 18 C. 1 Youth Crimi Extradition Act 190. Paragraph 47(c) of the Extradition Act is replaced by the following: (c) the person was less than eighteen years old at the time of the offence and the law that applies to them in the territory over which the extradition partner has jurisdiction is not consistent with the fundamental principles governing the Youth Criminal Justice Act; 191. Paragraphs 77(a) and (b) of the Act are replaced by the following: (a) in respect of a prosecution or imposition of a sentence — or of a disposition under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985 — the Attorney General, or the Attorney General of a province who is responsible for the prosecution of the case; and (b) in respect of the enforcement of a sentence or a disposition under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, (i) the Solicitor General of Canada, if the person would serve the sentence in a penitentiary, or (ii) the appropriate provincial minister responsible for corrections, in any other case. 192. Subsection 78(1) of the Act is replaced by the following: Request by Canada for extradition 78. (1) The Minister, at the request of a competent authority, may make a request to a State or entity for the extradition of a person for the purpose of prosecuting the person for — or imposing or enforcing a sentence, or making or enforcing a disposition under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, in respect of — an offence over which Canada has jurisdiction. 193. The portion of paragraph 80(a) of the Act before subparagraph (i) is replaced by the following: (a) be detained or prosecuted, or have a sentence imposed or executed, or a disposi2001-2002 Justice pénale pou tion made or executed under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, in Canada in respect of an offence that is alleged to have been committed, or was committed, before surrender other than 194. (1) Subsection 83(1) of the Act is replaced by the following: Commencement of sentence 83. (1) Subject to subsection (3), the sentence or disposition of a person who has been temporarily surrendered and who has been convicted and sentenced, or found guilty and sentenced, in Canada, or in respect of whom a disposition has been made under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, does not commence until their final extradition to Canada. (2) Subsection 83(3) of the Act is replaced by the following: If concurrent sentences ordered R.S., c. 30 (4th Supp.) (3) The sentencing judge may order that the person’s sentence, or the disposition under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, be executed concurrently with the sentence they are serving in the requested State or entity, in which case the warrant of committal or order of disposition shall state that the person is to be committed to custody under subsection (2) only for any portion of the sentence or disposition remaining at the time of their final extradition to Canada. Mutual Legal Assistance in Criminal Matters Act 195. Section 29 of the Mutual Legal Assistance in Criminal Matters Act is replaced by the following: Exception for young persons 29. Sections 24 to 28 do not apply in respect of a person who, at the time the request mentioned in subsection 24(1) is presented, is a young person within the meaning of the Youth Criminal Justice Act. ��� R.S., c. P-20 C. 1 Youth Crimi Prisons and Reformatories Act 196. (1) Paragraph (b) of the definition ‘‘prisoner’’ in subsection 2(1) of the Prisons and Reformatories Act is replaced by the following: (b) a young person within the meaning of the Youth Criminal Justice Act with respect to whom no order, committal or direction has been made under paragraph 76(1)(a) or section 89, 92 or 93 of that Act, (2) Subsection 2(1) of the Act is amended by adding the following in alphabetical order: ‘‘sentence’’ « peine » ‘‘sentence’’ includes a youth sentence imposed under the Youth Criminal Justice Act; 197. Section 6 of the Act is amended by adding the following after subsection (7): Transfer or committal to prison (7.1) When a prisoner is transferred from a youth custody facility to a prison under section 89, 92 or 93 of the Youth Criminal Justice Act or as the result of the application of section 743.5 of the Criminal Code, the prisoner is credited with full remission under this section for the portion of the sentence that the offender served in the youth custody facility as if that portion of the sentence had been served in a prison. Exceptional date of release (7.2) When a prisoner who was sentenced to custody under paragraph 42(2)(o), (q) or (r) of the Youth Criminal Justice Act is transferred from a youth custody facility to a prison under section 92 or 93 of that Act, or is committed to imprisonment in a prison under section 89 of that Act, the prisoner is entitled to be released on the earlier of (a) the date on which the prisoner is entitled to be released from imprisonment in accordance with subsection (5) of this section, and (b) the date on which the custody portion of his or her youth sentence under paragraph 42(2)(o), (q) or (r) of the Youth Criminal Justice Act expires. 2001-2002 Effect of release Justice pénale pou (7.3) When a prisoner is committed or transferred in accordance with section 89, 92 or 93 of the Youth Criminal Justice Act and, in accordance with subsection (7.1) or (7.2) of this section, is entitled to be released, (a) if the sentence was imposed under paragraph 42(2)(n) of that Act, sections 97 to 103 of that Act apply, with any modifications that the circumstances require, with respect to the remainder of his or her sentence; and (b) if the sentence was imposed under paragraph 42(2)(o), (q) or (r) of that Act, sections 104 to 109 of that Act apply, with any modifications that the circumstances require, with respect to the remainder of his or her sentence. R.S., c. T-15 Transfer of Offenders Act 1993, c. 34, s. 122 198. The portion of section 17 of the Transfer of Offenders Act after paragraph (a) is replaced by the following: (b) was, at the time of the commission of the offence of which he or she was convicted, a young person within the meaning of the Youth Criminal Justice Act, an official designated for the purpose by the lieutenant governor in council of the province where the offender is detained may transfer the offender to a youth custody facility within the meaning of subsection 2(1) of the Youth Criminal Justice Act, but no person so transferred shall be detained by reason only of the sentence imposed by the foreign court beyond the date on which that sentence would terminate. Repeal Repeal of R.S., c. Y-1 199. The Young Offenders Act is repealed. Coming into Force Coming into force 200. The provisions of this Act come into force on a day or days to be fixed by order of the Governor in Council. ��� C. 1 Youth Criminal Just SCHEDULE (Subsections 120(1), (4) and (6)) 1. An offence under any of the following provisions of the Criminal Code: (a) paragraph 81(2)(a) (using explosives); (b) subsection 85(1) (using firearm in commission of offence); (c) section 151 (sexual interference); (d) section 152 (invitation to sexual touching); (e) section 153 (sexual exploitation); (f) section 155 (incest); (g) section 159 (anal intercourse); (h) section 170 (parent or guardian procuring sexual activity by child); (i) subsection 212(2) (living off the avails of prostitution by a child); (j) subsection 212(4) (obtaining sexual services of a child); (k) section 231 or 235 (first degree murder or second degree murder within the meaning of section 231); (l) section 232, 234 or 236 (manslaughter); (m) section 239 (attempt to commit murder); (n) section 267 (assault with a weapon or causing bodily harm); (o) section 268 (aggravated assault); (p) section 269 (unlawfully causing bodily harm); (q) section 271 (sexual assault); (r) section 272 (sexual assault with a weapon, threats to a third party or causing bodily harm); (s) section 273 (aggravated sexual assault); (t) section 279 (kidnapping); (u) section 344 (robbery); (v) section 433 (arson — disregard for human life); (w) section 434.1 (arson — own property); (x) section 436 (arson by negligence); and (y) paragraph 465(1)(a) (conspiracy to commit murder). 2. An offence under any of the following provisions of the Criminal Code, as they read immediately before July 1, 1990: (a) section 433 (arson); (b) section 434 (setting fire to other substance); and (c) section 436 (setting fire by negligence). 2001-2002 Justice pénale pour les ad 3. An offence under any of the following provisions of the Criminal Code, chapter C-34 of the Revised Statutes of Canada, 1970, as they read immediately before January 4, 1983: (a) section 144 (rape); (b) section 145 (attempt to commit rape); (c) section 149 (indecent assault on female); (d) section 156 (indecent assault on male); and (e) section 246 (assault with intent). 4. An offence under any of the following provisions of the Controlled Drugs and Substances Act: (a) section 5 (trafficking); (b) section 6 (importing and exporting); and (c) section 7 (production of substance). Published under authority of the Speaker of the House of Commons Available from: Public Works and Government Services Canada — Publishing, Ottawa, Canada K1A 0S9 ��������� ����� ������ ����� ��� ���������� �������� �������������������� ������� ������ ��� ���

First Session, Thirty-seventh Parliament, 49-50-51 Elizabeth II, 2001-2002 STATUTES OF CANADA 2002 CHAPTER 4 An Act to amend the Canadian Commercial Corporation Act BILL C-41 ASSENTED TO 21st MARCH, 2002 RECOMMENDATION Her Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled ‘‘An Act to amend the Canadian Commercial Corporation Act’’. SUMMARY This enactment amends the Canadian Commercial Corporation Act by (a) separating the functions of chairperson of the Board and chief executive officer, and describing the roles and responsibilities of the Chairperson and President of the Corporation; (b) authorizing additional borrowing; and (c) permitting the Corporation to charge an amount that it considers appropriate for providing services. ��� ������������� ������������ ��� ��������� �� ��� ������������� �������� ������������� �� ��� ��������� �������� ��������������������� 49-50-51 ELIZABETH II CHAPTER 4 An Act to amend the Canadian Commercial Corporation Act [Assented to 21st March, 2002] R.S., c. C-14 Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: 1. (1) The definition ‘‘President’’ in the English version of section 2 of the Canadian Commercial Corporation Act is repealed. (2) The definition ‘‘Board’’ in section 2 of the Act is replaced by the following: ‘‘Board’’ « conseil » ‘‘Board’’ means the Chairperson, the President and the other directors of the Corporation; R.S., c. 1 (4th Supp.), s. 44 (Sch. II, item 7)(E) 2. Section 3 of the Act is replaced by the following: Corporation established 3. There is hereby established a corporation to be known as the Canadian Commercial Corporation consisting of a Chairperson, a President and not more than nine or less than five other directors. 3.1 (1) The Chairperson and the President shall be appointed by the Governor in Council to hold office during pleasure for any term that the Governor in Council considers appropriate. (2) The remuneration of the Chairperson and the President, if they are not members of the public service of Canada, shall be fixed by the Governor in Council and paid by the Corporation. Appointment of Chairperson and President Remuneration of Chairperson and President � C. 4 Canadian Commer Appointment of directors (3) Each director of the Corporation, other than the Chairperson and the President, shall be appointed by the Minister, with the approval of the Governor in Council, to hold office during pleasure for any term not greater than three years that will ensure, as far as possible, the expiry in any one year of the terms of office of not more than one-half of the directors. Duties of Chairperson 3.2 (1) The Chairperson shall preside at all meetings of the Board and shall perform any other duties that are assigned by the by-laws or by resolution of the Board. Absence of Chairperson (2) If the Chairperson is absent from a meeting, the directors that are present at the meeting shall choose a director to preside at it. For that purpose, the director has all the powers and duties of the Chairperson. Duties of President (3) The President is the chief executive officer of the Corporation and has on behalf of the Board the direction and management of the business of the Corporation. The President shall perform any other duties that are assigned by the by-laws or by resolution of the Board. Absence or incapacity of President (4) If the President is absent or unable to act or the office of President is vacant, the Board may appoint a director or an officer of the Corporation to act as President and shall fix the remuneration and terms and conditions of the appointment. No person may be appointed for a term of more than 90 days without the approval of the Governor in Council. 3. Subsection 7(3) of the Act is repealed. 4. Subsection 8(1) of the French version of the Act is replaced by the following: Personnel 8. (1) La Société peut employer les dirigeants et le personnel qu’elle estime nécessaires à l’exercice de ses activités et fixer leurs conditions d’emploi et leur rémunération. 5. (1) Subsection 11(2) of the Act is replaced by the following: 2001-2002 Corporation comme Borrowing power (1.1) The Corporation may borrow moneys from the Consolidated Revenue Fund or any other source for any purpose for which the Corporation was established, but the total amount outstanding on all of those loans at any time shall not exceed $90 million or any greater amount that may be specified in an appropriation Act. Loans to the Corporation (2) The Minister of Finance may lend moneys from the Consolidated Revenue Fund to the Corporation on any terms and conditions that the Minister of Finance may determine. Charges Coming into force (2) Subsection 11(4) of the Act is replaced by the following: (4) The Corporation may charge any amount that it considers appropriate for providing services to a person, department or agency, including an amount to cover the risk of any loss that the Corporation may incur as a result of a default or failure by that person, department or agency in respect of a transaction entered into with any of them. 6. This Act comes into force on a day to be fixed by order of the Governor in Council. Published under authority of the Speaker of the House of Commons Available from: Public Works and Government Services Canada — Publishing, Ottawa, Canada K1A 0S9 ��������� ����� ������ ����� ��� ���������� �������� �������������������� ������� ������ ��� ���

First Session, Thirty-seventh Parliament, 49-50-51 Elizabeth II, 2001-2002 STATUTES OF CANADA 2002 CHAPTER 7 An Act to replace the Yukon Act in order to modernize it and to implement certain provisions of the Yukon Northern Affairs Program Devolution Transfer Agreement, and to repeal and make amendments to other Acts BILL C-39 ASSENTED TO 27th MARCH, 2002 RECOMMENDATION Her Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled ‘‘An Act to replace the Yukon Act in order to modernize it and to implement certain provisions of the Yukon Northern Affairs Program Devolution Transfer Agreement, and to repeal and make amendments to other Acts’’. SUMMARY The purpose of this enactment is to replace the current Yukon Act in order to modernize it, by reflecting responsible government in Yukon and renaming a number of public institutions to reflect current practice, and to provide the Legislature of Yukon with new powers over public real property and waters. The enactment includes a preamble stating that Yukon has a system of responsible government that is similar in principle to that of Canada. It also contains details on the relationship between the Commissioner of Yukon and the Executive Council which are consistent with the conventions of modern government in Canada. The enactment renames the ‘‘Council’’ as the ‘‘Legislative Assembly of Yukon’’, the ‘‘Commissioner in Council’’ as the ‘‘Legislature of Yukon’’ and ‘‘ordinances’’ as ‘‘laws of the Legislature’’. The enactment reaffirms the Auditor General of Canada as the auditor of the Yukon Government, but also makes provisions for the Yukon Government to appoint its own independent auditor at a future date to be fixed by the Governor in Council. New powers are provided as part of the implementation of a number of provisions of the Yukon Northern Affairs Program Devolution Transfer Agreement, which provides for the transfer of the administration and control of most public real property and water rights in Yukon to the Commissioner. The enactment includes provisions for the repeal of federal legislation governing the property and rights being transferred. ��� ������������� ������������ ��� ��������� �� ��� ������������� �������� ������������� �� ��� ��������� �������� ��������������������� TABLE OF PROVISIONS AN ACT TO REPLACE THE YUKON ACT IN ORDER TO MODERNIZE IT AND TO IMPLEMENT CERTAIN PROVISIONS OF THE YUKON NORTHERN AFFAIRS PROGRAM DEVOLUTION TRANSFER AGREEMENT, AND TO REPEAL AND MAKE AMENDMENTS TO OTHER ACTS Preamble SHORT TITLE 1. Short title INTERPRETATION 2. Definitions 3. Aboriginal rights GOVERNMENT Executive Power 4. Commissioner 5. Administrator 6. Oaths 7. Salaries 8. Executive Council 9. Seat of government Legislative Power Legislative Assembly 10. Legislative Assembly of Yukon 11. Duration of Legislative Assembly 12. Oaths of office 13. Yearly session 14. Speaker 15. Quorum 16. Rules of procedure Legislature 17. Legislature of Yukon 18. Legislative powers 19. Laws relating to natural resources 20. Restrictions on powers Legislative Powers �� 21. Agreement implementation Acts 22. Laws re conservation of wildlife 23. Borrowing and lending 24. Withholding of assent 25. Transmittal of laws 26. Conflicting laws 27. Official languages 28. Establishment of fund 29. Recommendation of Commissioner 30. Appropriation of moneys granted by Parliament Yukon Consolidated Revenue Fund Yukon Public Accounts 31. Fiscal year 32. 33. Submission of Yukon Public Accounts to Legislative Assembly Form and contents 34. Annual audit 35. Supplementary report 36. Inquiry and report 37. Powers of Auditor General ADMINISTRATION OF JUSTICE Judicature 38. Appointment of judges 39. Tenure of office of judges Supreme Court of Yukon 40. Judges of the Supreme Court of Yukon 41. Deputy judges 42. Jurisdiction to try civil cases 43. Jurisdiction to try criminal cases Court of Appeal of Yukon 44. Sittings REAL PROPERTY, WATER, OIL AND GAS Administration and Control 45. Commissioner 46. Relinquishment 47. Transfer to Commissioner 48. Right to waters vested in Her Majesty Restrictions 49. Taking of administration by Governor in Council 50. Prohibition order — public real property in Yukon �� 51. Prohibition order — waters in Yukon 52. Procedure 53. Duration of prohibition orders EXERCISE OF FEDERAL POWERS 54. Adjoining area 55. Northern pipeline LEGISLATIVE AMENDMENT 56. Consultation re bills TRANSITIONAL PROVISIONS 57. Commissioner 58. Duration of Council 59. Existing rights and interests 60. Reference to Government of Canada 61. Pending applications 62. Validity of laws of Legislature 63. Definition of ‘‘Agreement’’ 64. Indemnification by Yukon 65. Indemnification by Canada 66. Limitation on indemnification 67. Information privileged AMENDMENTS TO THIS ACT 68-76. Amendments to this Act AMENDMENTS TO OTHER ACTS 77-78. Access to Information Act 79. Aeronautics Act 80. Arctic Waters Pollution Act 81-82. Bank Act 83-85. Bankruptcy and Insolvency Act 86-87. Boards of Trade Act 88. Canada Business Corporations Act 89. Canada Corporations Act 90-95. Canada Elections Act 96. Canada Evidence Act 97-98. Canada Labour Code 99-104. Canada Lands Surveys Act 105. Canada Marine Act 106-107. Canada National Parks Act 108-109. Canada-Newfoundland Atlantic Accord Implementation Act Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act Canada Pension Plan 110. 111. �� 112. Canada Pension Plan Investment Board Act 113. Canada Student Loans Act 114. Canada Transportation Act 115. Canada Waters Act 116-119. Canada-Yukon Oil and Gas Accord Implementation Act 120-121. Canadian Centre for Occupational Health and Safety Act 122-123. Canadian Environmental Assessment Act 124-125. Canadian Environmental Protection Act, 1999 126-128. Canadian Human Rights Act 129. Canadian Multiculturalism Act 130. Canadian Transportation Accident Investigation and Safety Board Act 131. Citizenship Act 132. Coasting Trade Act 133-135. Companies’ Creditors Arrangement Act 136. Cooperative Credit Associations Act 137-150. Criminal Code 151. Crown Liability and Proceedings Act 152-153. Customs Act 154-156. Department of Indian Affairs and Northern Development Act 157. Department of Public Works and Government Services Act 158-160. Divorce Act 161. Dominion Water Powers Act 162. Employment Equity Act 163-165. Energy Administration Act 166. Excise Tax Act 167-168. Expropriation Act 169. Extradition Act 170. Federal-Provincial Fiscal Arrangements Act 171. Federal Real Property and Federal Immovables Act 172. Financial Administration Act 173. Fisheries Act 174. Government Employees Compensation Act 175-176. Gwich’in Land Claim Settlement Act 177. Hazardous Materials Information Review Act � 178. Hibernia Development Project Act 179. Historic Sites and Monuments Act 180-181. Immigration Act 182. Importation of Intoxicating Liquors Act 183-184. Indian Act 185-186. Industrial and Regional Development Act 187. Insurance Companies Act 188. Interpretation Act 189-195. Judges Act 196-199. Land Titles Repeal Act 200-204. Livestock Feed Assistance Act 205-207. Mackenzie Valley Resource Management Act 208. Motor Vehicle Fuel Consumption Standards Act 209. Mutual Legal Assistance in Criminal Matters Act 210-211. National Energy Board Act 212-218. Northern Pipeline Act 219-220. Northwest Territories Act 221. Nuclear Energy Act 222. Nunavut Act 223. Oceans Act 224-225. Official Languages Act 226. Pension Benefits Standards Act, 1985 227-228. Privacy Act 229-230. Public Service Employment Act 231. Public Service Staff Relations Act 232. Public Service Superannuation Act 233. Radiocommunication Act 234. Railway Safety Act 235. Royal Canadian Mounted Police Act 236. Statutory Instruments Act 237. Supreme Court Act 238-247. Territorial Lands Act 248. Trust and Loan Companies Act 249-250. Western Arctic (Inuvialuit) Claims Settlement Act 251. Winding-up and Restructuring Act 252. Young Offenders Act 253-258. Yukon First Nations Land Claims Settlement Act 259-269. Yukon First Nations Self-Government Act 270-271. Yukon Surface Rights Board Act � COORDINATING AMENDMENTS 272. Bill S-23 273. Bill C-5 274. Bill C-7 275. Bill C-19 276. Bill C-23 277. Bill C-30 278. Bill C-33 REPEALS 279. An Act to amend the Territorial Lands Act 280. Yukon Act 281. Yukon Placer Mining Act 282. Yukon Quartz Mining Act 283. Yukon Surface Rights Board Act 284. Yukon Waters Act COMING INTO FORCE 285. By order SCHEDULES 1 AND 2 49-50-51 ELIZABETH II CHAPTER 7 An Act to replace the Yukon Act in order to modernize it and to implement certain provisions of the Yukon Northern Affairs Program Devolution Transfer Agreement, and to repeal and make amendments to other Acts [Assented to 27th March, 2002] Preamble Whereas Yukon is a territory that has a system of responsible government that is similar in principle to that of Canada; And Whereas the enactment of legislation is required to implement certain provisions of the Yukon Northern Affairs Program Devolution Transfer Agreement, negotiated by representatives of certain first nations, the Government of Canada and the Yukon Government; NOW, THEREFORE, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: SHORT TITLE Short title 1. This Act may be cited as the Yukon Act. Definitions 2. The definitions in this section apply in this Act. ‘‘adjoining area’’ « zone adjacente » ‘‘adjoining area’’ means the area outside Yukon and landward of the northern limit described in Schedule 2. ‘‘federal agent corporation’’ « société mandataire fédérale » ‘‘federal agent corporation’’ has the meaning assigned to the expression ‘‘agent corporation’’ by subsection 83(1) of the Financial Administration Act. ‘‘federal conservation area’’ « aire de conservation fédérale » ‘‘federal conservation area’’ means an area that is (a) a national park; INTERPRETATION � C. 7 Yuko (b) public real property under the administration of the Minister of the Environment that is subject to measures imposed under the Canada Wildlife Act for the conservation of wildlife; or (c) a protection area for migratory birds prescribed under the Migratory Birds Convention Act, 1994. ‘‘former Act’’ « ancienne loi » ‘‘former Act’’ means the Yukon Act, chapter Y-2 of the Revised Statutes of Canada, 1985. ‘‘gas’’ « gaz » ‘‘gas’’ means natural gas and all substances produced in association with natural gas, but does not include oil or coal-bed methane. ‘‘Minister’’ « ministre » ‘‘Minister’’ means the Minister of Indian Affairs and Northern Development. ‘‘national park’’ « parc national » ‘‘national park’’ means a park and includes a park reserve as those terms are defined in subsection 2(1) of the Canada National Parks Act. ‘‘oil’’ « pétrole » ‘‘oil’’ means crude petroleum, regardless of gravity, produced at a well-head in liquid form and any other hydrocarbons, except gas and coal-bed methane. It includes hydrocarbons that may be extracted or recovered from surface or subsurface deposits of oil sand, bitumen, bituminous sand or oil shale or from other types of deposits, but does not include coal. ‘‘public real property’’ « biens réels domaniaux » ‘‘public real property’’ means (a) land in Yukon that belongs to Her Majesty in right of Canada, including mines and minerals, and buildings, structures, improvements and other fixtures on, above or below the surface of the land; and (b) any estate, right, title or interest, including an easement, a servitude and a lease, held by Her Majesty in right of Canada in or to land in Yukon. ‘‘waters’’ « eaux » ‘‘waters’’ means any inland water, whether in a liquid or frozen state, on or below the surface of land. 2001-2002 ‘‘Yukon’’ « Yukon » Aboriginal rights Yuko ‘‘Yukon’’ means the territory consisting of the area described in Schedule 1. 3. For greater certainty, nothing in this Act shall be construed so as to abrogate or derogate from the protection provided for existing aboriginal or treaty rights of the aboriginal peoples of Canada by the recognition and affirmation of those rights in section 35 of the Constitution Act, 1982. GOVERNMENT Commissioner Publication of order Action of Commissioner Administrator Absence or inability Oaths Salaries Executive Council Executive Power 4. (1) A Commissioner of Yukon shall be appointed by order of the Governor in Council. (2) The order in council appointing the Commissioner shall be published in the Canada Gazette. (3) The Commissioner shall act in accordance with any written instructions given to the Commissioner by the Governor in Council or the Minister. 5. (1) The Governor in Council may appoint an Administrator to act as Commissioner during the Commissioner’s absence or illness or other inability or when that office is vacant. (2) The senior judge, within the meaning of subsection 22(3) of the Judges Act, of the Supreme Court of Yukon may act as Administrator during the Administrator’s absence or illness or other inability or when that office is vacant. 6. Before assuming office, the Commissioner and the Administrator shall take and subscribe the oath of office and the oath of allegiance prescribed by the Governor in Council. 7. The salary of the Commissioner and of the Administrator shall be fixed by the Governor in Council and paid out of the Consolidated Revenue Fund of Canada. 8. The Executive Council of Yukon established under the former Act is hereby continued. Its members shall be appointed by the Commissioner. � Seat of government C. 7 Yuko 9. The seat of the Yukon Government is at Whitehorse but the Legislature may designate another place in Yukon as the seat of government. Legislative Power Legislative Assembly of Yukon Legislative Assembly 10. The Council established by the former Act is hereby continued as the Legislative Assembly of Yukon. Each member of the Legislative Assembly is elected to represent an electoral district in Yukon. Duration of Legislative Assembly 11. (1) No Legislative Assembly shall continue for longer than five years after the date of the return of the writs for a general election, but the Commissioner may dissolve it before then. Writs (2) Writs for the election of members of the Legislative Assembly shall be issued on the instructions of the Commissioner. Oaths of office 12. Before assuming office, each member of the Legislative Assembly shall take and subscribe before the Commissioner the oath of office prescribed by the Legislature of Yukon and the oath of allegiance set out in the Fifth Schedule to the Constitution Act, 1867. Yearly session 13. The Legislative Assembly shall sit at least once every 12 months. Speaker 14. (1) The Legislative Assembly shall elect one member to be Speaker, who shall preside over the Legislative Assembly when it is sitting. Vote (2) The Speaker may only vote in the Legislative Assembly in the case of a tie. Quorum 15. A majority of the members of the Legislative Assembly, including the Speaker, constitutes a quorum. Rules of procedure 16. The Legislative Assembly may make rules for its operations and procedures, except in relation to the classes of subjects with respect to which the Legislature may make laws under paragraph 18(1)(b). 2001-2002 Yuko Legislature Legislature of Yukon 17. The institution referred to in the former Act as the Commissioner in Council and which consisted of the Commissioner and the Council of the Yukon Territory is hereby continued as the Legislature of Yukon, consisting of the Commissioner and the Legislative Assembly. Legislative Powers Legislative powers 18. (1) The Legislature may make laws in relation to the following classes of subjects in respect of Yukon: (a) the election of members of the Legislative Assembly, including the name and number of electoral districts and the qualifications of electors and of candidates for election; (b) the disqualification of persons from sitting or voting as members of the Legislative Assembly and the privileges, indemnity and expenses of those members; (c) the Executive Council; (d) the establishment and tenure of public offices in Yukon and the appointment, conditions of employment and payment of office-holders; (e) municipal and local institutions; (f) direct taxation and licensing in order to raise revenue for territorial, municipal or local purposes; (g) the levying of a tax on furs or any portions of fur-bearing animals to be shipped or taken from Yukon to any place outside Yukon; (h) the incorporation of companies with territorial objects, other than railway, steamship, air transport, canal, telegraph or telephone companies, but including street railway companies; (i) the solemnization of marriage; (j) property and civil rights; (k) the administration of justice, including the constitution, maintenance and organization of territorial courts, both of civil and of criminal jurisdiction, and including procedure in civil matters in those courts; � C. 7 Yuko (l) the establishment, maintenance and management of prisons, jails or lock-ups; (m) the conservation of wildlife and its habitat, other than in a federal conservation area; (n) waters, other than waters in a federal conservation area, including the deposit of waste in those waters, the definition of what constitutes waste and the disposition of any right in respect of those waters under subsection 48(2); (o) education, but any law respecting education must provide that (i) a majority of the ratepayers of any part of Yukon may establish any school in that part that they think fit and make the necessary assessment and collection of rates for it, and (ii) the minority of the ratepayers in that part of Yukon, whether Protestant or Roman Catholic, may establish separate schools in that part and, if they do so, are liable only to assessments of the rates that they impose on themselves in respect of those schools; (p) immigration; (q) public real property — including the timber and wood on that property — under the administration and control of the Commissioner, including the disposition of that property under subsection 45(1); (r) intoxicants, including the definition of what constitutes an intoxicant; (s) hospitals and charities; (t) agriculture; (u) the entering into of intergovernmental agreements by the Commissioner or any other official of the Yukon Government; (v) the expenditure of money for territorial purposes; (w) the adoption and use of an official seal; (x) generally, all matters of a merely local or private nature; (y) the imposition of fines, penalties, imprisonment or other punishments in respect 2001-2002 Yuko of the contravention of the provisions of a law of the Legislature; and (z) any other matter that may be designated by order of the Governor in Council. Oil and gas in adjoining area (2) The Legislature may make laws in relation to the classes of subjects described in subsection (1) in respect of oil and gas in the adjoining area. Importation of intoxicants (3) The Legislature may make laws relating to the importation of intoxicants into Yukon from any other place in Canada or elsewhere and defining what constitutes an intoxicant for the purposes of those laws. Laws relating to natural resources 19. (1) The Legislature may make laws in relation to (a) the exploration for non-renewable natural resources in Yukon and oil and gas in the adjoining area; (b) the development, conservation and management of non-renewable natural resources in Yukon, oil and gas in the adjoining area and forestry resources in Yukon, including laws in relation to the rate of primary production from those resources; (c) oil and gas pipelines located entirely within Yukon; (d) the development, conservation and management of sites and facilities in Yukon for the generation and production of electrical energy; (e) the export, from Yukon to another part of Canada, of the primary production from non-renewable natural resources and forestry resources in Yukon, and of electrical energy generated or produced from facilities in Yukon; and (f) the export, from the adjoining area to another part of Canada, of the primary production from oil and gas in that area. Export of natural resources (2) Laws made under paragraph (1)(e) or (f) may not authorize or provide for discrimination in prices or in supplies exported. � C. 7 Yuko Taxation of natural resources (3) The Legislature may make laws in relation to the raising of money by any mode of taxation in respect of resources referred to in paragraph (1)(b) and primary production from those resources and in respect of sites and facilities referred to in paragraph (1)(d) and the production of electrical energy from them. The Legislature may make such laws whether or not the production is exported, in whole or in part, from Yukon or, in the case of oil and gas from the adjoining area, from that area. No differentiation based on place of export (4) A law made under subsection (3) may not authorize or provide for taxation that differentiates between production that is not exported and that which is exported to another part of Canada. Definition of ‘‘primary production’’ (5) In this section, ‘‘primary production’’ means (a) production from a non-renewable natural resource if (i) the product is in a form in which the resource exists on its recovery or severance from its natural state, or (ii) the product is a product that results from processing or refining the resource, and is not a manufactured product or a product that results from refining crude oil, upgraded heavy crude oil, gases or liquids derived from coal, or a synthetic equivalent of crude oil; and (b) production from a forestry resource if the product consists of sawlogs, poles, lumber, wood chips, sawdust or any other primary wood product, or wood pulp, and is not a product manufactured from wood. Existing powers or rights (6) Nothing in subsections (1) to (5) derogates from any powers or rights that the Legislature has under any other provision of this Act. Restrictions on powers 20. (1) Nothing in subsections 18(1) and (2) and section 19 shall be construed as giving the Legislature greater powers than are given to legislatures of the provinces under sections 92, 92A and 95 of the Constitution Act, 1867. 2001-2002 Yuko Water-power (2) Despite subsections 18(1) and (2) and section 19, the Legislature may not make laws in respect of the right to the use and flow of waters for the production or generation of water-power to which the Dominion Water Power Act applies. Agreement implementation Acts 21. Despite subsection 20(1), the Legislature may, in exercising its powers under sections 18 and 19 for the purpose of implementing aboriginal land claim agreements or aboriginal self-government agreements, make laws that are in relation to the matters coming within class 24 of section 91 of the Constitution Act, 1867. Laws re conservation of wildlife 22. (1) Despite subsection 20(1), any law of the Legislature in relation to the conservation of wildlife, unless the contrary intention appears in it, applies to and in respect of Indians and Inuit. Hunting for food (2) Nothing in paragraph 18(1)(m) or subsection (1) shall be construed as authorizing the Legislature to make laws restricting or prohibiting Indians and Inuit from hunting for food on unoccupied public real property, other than a species that is declared by order of the Governor in Council to be in danger of becoming extinct. This subsection does not apply to laws that implement the Agreement given effect by the Western Arctic (Inuvialuit) Claims Settlement Act. Cessation of application (3) After a final agreement referred to in section 4 or 5 of the Yukon First Nations Land Claims Settlement Act is given effect by or under that Act, subsection (2) does not apply in respect of persons eligible to be enrolled under the agreement or the traditional territory identified in it. Borrowing and lending 23. (1) The Legislature may make laws (a) for the borrowing of money by the Commissioner on behalf of Yukon for territorial, municipal or local purposes; (b) for the lending of money by the Commissioner to any person in Yukon; and �� Restriction Charge on Yukon C.R.F. Withholding of assent Consent of Governor in Council Transmittal of laws Disallowance Conflicting laws Official languages Additional rights and services C. 7 Yuko (c) for the investing by the Commissioner of surplus money standing to the credit of the Yukon Consolidated Revenue Fund. (2) No money may be borrowed under a law made under paragraph (1)(a) without the approval of the Governor in Council. (3) The repayment of money borrowed under a law made under paragraph (1)(a), and the payment of interest on that money, is a charge on and payable out of the Yukon Consolidated Revenue Fund. 24. (1) The Governor in Council may, in writing, direct the Commissioner to withhold his or her assent to a bill that has been introduced in the Legislative Assembly. (2) A bill in respect of which a direction has been given may not become law without the Governor in Council’s assent, which assent may not be given later than one year after the day on which the bill is adopted by the Legislative Assembly. 25. (1) A copy of every law made by the Legislature shall be transmitted by the Clerk of the Legislative Assembly to the Governor in Council within 30 days after it is made. (2) The Governor in Council may disallow any law made by the Legislature or any provision of any such law at any time within one year after it is made. 26. In the event of a conflict between a law of the Legislature and a federal enactment, the federal enactment prevails to the extent of the conflict. 27. (1) The ordinance entitled the Languages Act made on May 18, 1988 under the former Act and any successor to it may not be repealed, amended or otherwise rendered inoperable by the Legislature without the concurrence of Parliament by way of an amendment to this Act. (2) Nothing in subsection (1) shall be construed as preventing the Commissioner or any other public officer or the Legislature or any other institution of the Yukon Government — whether by amending the ordinance referred to in that subsection, without the concurrence of Parliament, or by any other 2001-2002 Yuko means — from granting rights in respect of, or providing services in, English and French or any languages of the aboriginal peoples of Canada in addition to the rights and services provided for in that ordinance. Yukon Consolidated Revenue Fund Establishment of fund 28. (1) All public moneys and revenue over which the Legislature has the power of appropriation shall form a fund to be known as the Yukon Consolidated Revenue Fund. Establishment of bank accounts (2) The member of the Executive Council designated for that purpose by a law of the Legislature shall establish, in the name of the Yukon Government, accounts with banks, or authorized foreign banks within the meaning of section 2 of the Bank Act that are not subject to the restrictions and requirements referred to in subsection 524(2) of that Act, in respect of their business in Canada, that the member designates for the deposit of public moneys and revenue. Recommendation of Commissioner 29. It is not lawful for the Legislative Assembly to adopt or pass any vote, resolution, address or bill for the appropriation of any part of the public revenue, or of any tax, for any purpose that has not been first recommended to the Legislative Assembly by message of the Commissioner, in the session in which the vote, resolution, address or bill is proposed. Appropriation of moneys granted by Parliament 30. When a sum of money is granted to Her Majesty in right of Canada by Parliament to defray expenses for a specified public service in Yukon, the power of appropriation by the Legislature over that sum is subject to the specified purpose for which it is granted. Yukon Public Accounts Fiscal year 31. The Yukon Government’s fiscal year is the period beginning on April 1 in one year and ending on March 31 in the next year. Submission of Yukon Public Accounts to Legislative Assembly 32. The Commissioner, with the consent of the Executive Council, shall, on or before such day of the fiscal year as the Legislative Assembly may fix, lay before the Legislative Assembly a report called the Yukon Public Accounts for the preceding fiscal year and the �� C. 7 Yuko Legislative Assembly shall consider the report. Form and contents 33. The Yukon Public Accounts shall be prepared in any form that the Commissioner, with the consent of the Executive Council, directs. They shall be prepared in accordance with accounting principles recommended for the public sector by the Canadian Institute of Chartered Accountants or its successor and shall include (a) consolidated financial statements for the Yukon Government that present (i) the financial position as at the end of the fiscal year, (ii) the accumulated surplus or deficit as at the end of the fiscal year, (iii) the results of its operations for the fiscal year, and (iv) the changes in the financial position for the fiscal year; (b) the opinion of the Auditor General of Canada referred to in subsection 34(1); and (c) any other information or statements that are required in support of the consolidated financial statements by or under any law of the Legislature. Annual audit 34. (1) The Auditor General of Canada shall audit the accounts, including those related to the Yukon Consolidated Revenue Fund, and financial transactions of the Yukon Government in each fiscal year in accordance with auditing standards recommended by the Canadian Institute of Chartered Accountants or its successor and shall express his or her opinion as to whether (a) the consolidated financial statements present fairly, in all material respects and in accordance with accounting principles recommended for the public sector by that Institute or its successor, the financial position of the Yukon Government as at the end of the fiscal year and the results of its operations in, and changes in its financial position for, the fiscal year; and 2001-2002 Yuko (b) the transactions of the Yukon Government that have come to the notice of the Auditor General in the course of the audit are within the powers of the Yukon Government under this or any other Act. Report (2) The Auditor General shall report to the Legislative Assembly any matter falling within the scope of the audit that, in his or her opinion, should be reported to the Assembly. Supplementary report 35. The Auditor General of Canada may, at any time, inquire into and submit a supplementary report to the Legislative Assembly about any matter relating to the activities of the Yukon Government, including whether (a) accounts have not been faithfully and properly maintained or public money has not been fully accounted for or paid, where so required by law, into the Yukon Consolidated Revenue Fund; (b) essential records have not been maintained or the rules and procedures applied have been insufficient to safeguard and control public property, to secure an effective check on the assessment, collection and proper allocation of the revenue and to ensure that expenditures have been made only as authorized; (c) money has been expended for purposes other than those for which it was appropriated by the Legislature or has been expended without due regard to economy or efficiency; or (d) satisfactory procedures have not been established to measure and report the effectiveness of programs, where such procedures could appropriately and reasonably be implemented. Inquiry and report 36. At the request of the Commissioner, made with the consent of the Executive Council, the Auditor General of Canada may, if in his or her opinion it does not interfere with the Auditor General’s primary responsibilities, inquire into and report to the Legislative Assembly on (a) any matter relating to the financial affairs of the Yukon Government or to public property in Yukon; or �� C. 7 Yuko (b) any person or organization that has received or is seeking financial aid from the Yukon Government. Powers of Auditor General 37. (1) For the purposes of carrying out the Auditor General of Canada’s functions under this Act, the Auditor General has all the powers that he or she has under the Auditor General Act. Access to information (2) Except as provided by any law made by the Legislature that expressly refers to this subsection, the Auditor General is entitled to free access at all convenient times to information that relates to the fulfilment of his or her responsibilities and is entitled to require and receive from the public service of Yukon any information, reports and explanations that he or she considers necessary for that purpose. ADMINISTRATION OF JUSTICE Judicature Appointment of judges 38. The Governor in Council shall appoint the judges of any superior, district or county courts that are now or may be constituted in Yukon. Tenure of office of judges 39. The judges of the superior, district and county courts in Yukon shall hold office during good behaviour but are removable by the Governor General on address of the Senate and House of Commons and shall cease to hold office on attaining the age of 75 years. Supreme Court of Yukon Judges of the Supreme Court of Yukon 40. A judge, other than a deputy judge, of the Supreme Court of the Northwest Territories or of the Nunavut Court of Justice is, by reason of holding that office, a judge of the Supreme Court of Yukon. Deputy judges 41. (1) The Governor in Council may appoint any person who is or has been a judge of a superior, district or county court of a province or a barrister or advocate of at least 10 years standing at the bar of a province to be a deputy judge of the Supreme Court of Yukon and fix his or her remuneration and allowances. 2001-2002 Yuko Duration of appointment (2) A deputy judge may be appointed for any particular case or cases or for any specified period. Tenure of office (3) A deputy judge holds office during good behaviour but is removable by the Governor General on address of the Senate and House of Commons. Powers (4) A deputy judge shall be sworn to the faithful performance of his or her duties in the same manner as a judge of the Supreme Court of Yukon and, during his or her appointment, temporarily has and may exercise and perform all the powers, duties and functions of a judge of the Court. Jurisdiction to try civil cases 42. The Supreme Court of Yukon has and may exercise and perform, in the Northwest Territories or Nunavut, all the powers, duties and functions of the Court with respect to a civil case, other than a civil case where the Court sits with a jury. Jurisdiction to try criminal cases 43. (1) A judge of the Supreme Court of Yukon has and may exercise and perform, anywhere in Canada, all the powers, duties and functions of the Court with respect to any criminal offence committed or charged to have been committed in Yukon. Application of laws (2) All laws applicable to criminal proceedings in Yukon apply in like manner to proceedings held under this section at any other place in Canada. Enforcement of decisions (3) Any judgment, conviction, sentence or order pronounced or made in any proceedings held under this section outside Yukon may be enforced or executed at the place at which it is pronounced or made or elsewhere, either in or outside Yukon, as a judge of the Supreme Court of Yukon may direct, and the proper officers of Yukon have and may exercise all powers and authority necessary for the enforcement or execution of it at the place where it is directed to be enforced or executed, notwithstanding that the place is not in Yukon. �� C. 7 Yuko Court of Appeal of Yukon Sittings 44. The Court of Appeal of Yukon may sit in Yukon and, unless the laws of the Legislature provide otherwise, in any other place in Canada. REAL PROPERTY, WATER, OIL AND GAS Administration and Control Commissioner 45. (1) Subject to this Act and section 37 of the Northern Pipeline Act, the Commissioner has the administration and control of public real property and of oil and gas in the adjoining area and may, with the consent of the Executive Council, use, sell or otherwise dispose of that property, or any products of that property, that oil or gas, or any interest in that oil or gas, and retain the proceeds of the disposition. Exception (2) The Governor in Council shall, on the date of the coming into force of subsection (1), list public real property that is excluded from the administration and control of the Commissioner. Public real property acquired on behalf of a federal minister (3) If the entire or any lesser interest in land that is not public real property is acquired on behalf of a federal minister or federal agent corporation, the interest is not under the administration and control of the Commissioner. Relinquishment 46. (1) The Commissioner may, with the consent of the Executive Council and with the approval of the Governor in Council, relinquish the administration and control of public real property or any interest in oil and gas in the adjoining area, either in perpetuity or for any lesser term. Administration of relinquished interest (2) The instrument indicating the Governor in Council’s approval must identify the federal minister or federal agent corporation that will have the administration of the relinquished public real property or interest. 2001-2002 Yuko Transfer to Commissioner 47. The Governor in Council may, on acceptance by the Commissioner given with the consent of the Executive Council, transfer to the Commissioner, either in perpetuity or for any lesser term, the administration and control of public real property or any interest in oil and gas in the adjoining area. Right to waters vested in Her Majesty 48. (1) The rights in respect of all waters in Yukon belong to Her Majesty in right of Canada. Commissioner (2) Subject to this Act, the Commissioner has the administration and control of all rights in respect of waters in Yukon — other than waters in a federal conservation area — and, with the consent of the Executive Council, may exercise those rights or sell or otherwise dispose of them and may retain the proceeds of the disposition. Limitations (3) Subsections (1) and (2) are subject to any rights granted by or under an Act of Parliament in respect of waters. Dominion Water Power Act (4) Subsection (2) does not apply to the right to the use and flow of waters for the production or generation of water-power to which the Dominion Water Power Act applies. Restrictions Taking of administration by Governor in Council 49. (1) The Governor in Council, on the recommendation of the Minister, may take from the Commissioner the administration and control of public real property and transfer the administration of the property to a federal minister or a federal agent corporation if the Governor in Council considers it necessary to do so for (a) the national interest, including (i) national defence or security, (ii) the establishment, or changes to the boundaries, of a national park, historic site or other area protected under an Act of Parliament, and (iii) the creation of the infrastructure required for initiatives in respect of transportation or energy; (b) the welfare of Indians and Inuit; or �� C. 7 Yuko (c) the settlement of an aboriginal land claim or the implementation of an aboriginal land claim agreement. Taking of administration — adjoining area (2) The Governor in Council, on the recommendation of the Minister, may take from the Commissioner the administration and control of any interest in oil and gas in the adjoining area for the purpose of the settlement of an aboriginal land claim or the implementation of an aboriginal land claim agreement and transfer the administration of that interest to a federal minister or a federal agent corporation. Consultation (3) The Minister, before recommending the taking of the administration and control, other than for a purpose related to national defence or security, shall consult the member of the Executive Council responsible for the public real property, or in the case of the adjoining area, the oil and gas. Prohibition order — public real property in Yukon 50. (1) The Governor in Council, on the recommendation of the Minister, may by order prohibit the issuance under this Act of interests in, or the authorization under this Act of the conduct of activities on, public real property specified in the order if the Governor in Council considers that the prohibition is required (a) before the administration and control of the property is taken under paragraph 49(1)(a) or (b); or (b) for the settlement of an aboriginal land claim or the implementation of an aboriginal land claim agreement. Prohibition order — lands in adjoining area (2) The Governor in Council, on the recommendation of the Minister, may by order prohibit the issuance under this Act of interests in, or the authorization under this Act of the conduct of activities on, lands in the adjoining area specified in the order, if the Governor in Council considers that the existence of the interests or the conduct of the activities would be incompatible with or would interfere with (a) any use to which the Government of Canada intends the lands to be put, including, in particular, their use as a national park 2001-2002 Yuko or an airport or their use for purposes of national defence or navigation; (b) the exercise, in relation to those lands, of any powers of the Government of Canada, including, in particular, powers respecting national security or the protection of the environment; or (c) the settlement of an aboriginal land claim or the implementation of an aboriginal land claim agreement. Prohibition order — waters in Yukon 51. The Governor in Council, on the recommendation of the Minister, may by order prohibit any use of waters in Yukon specified in the order, or the deposit of waste directly or indirectly into those waters, if the Governor in Council considers (a) that the use, or the deposit of waste, would be incompatible with or would interfere with a particular undertaking that is in the national interest; or (b) that the prohibition is required for the settlement of an aboriginal land claim or the implementation of an aboriginal land claim agreement. Procedure 52. (1) The Minister shall, before an order under section 50 is made, notify the member of the Executive Council who is responsible for the public real property or, in the case of the adjoining area, the oil or gas that is the subject of the order and shall, before an order under section 51 is made, notify the member of the Executive Council who is responsible for water resources. Publication (2) After notification is given and at least 60 days before an order is made, the Minister shall publish in the Canada Gazette and in a newspaper that, in the opinion of the Minister, has a large circulation in Yukon notice of the proposed order. The order may not be made more than 120 days after the notice is published in the Canada Gazette. Interim prohibition (3) The prohibition takes effect before an order is made under section 50 or 51 on publication of the notice of the proposed order in the Canada Gazette and continues for a period of 120 days unless, during that period, the Minister publishes in the Canada Gazette notice of the Minister’s intention not to �� C. 7 Yuko recommend the proposed order. The Minister shall also publish during that period the notice of the Minister’s intention in a newspaper that, in the opinion of the Minister, has a large circulation in Yukon. Consideration of representations (4) Before the Minister recommends that an order be made, the Minister shall consider any representations received within 60 days after the date of publication of the notice of the proposed order in the Canada Gazette. If proposed order varied (5) No further notice need be given under subsections (1) and (2) if the scope of application of the order is reduced to cover a smaller area or fewer activities than set out in the notice of the proposed order. Duration of prohibition orders 53. A prohibition order made under section 50 or 51 may not be made for a period that exceeds five years. Adjoining area 54. The Government of Canada, including its agencies, shall exercise any powers in respect of the management of lands in the adjoining area in a manner consistent with the powers of the Yukon Government, including its agencies, in respect of oil and gas in that area to the extent that the objectives of the Government of Canada in so exercising its powers are not compromised. Northern pipeline 55. (1) Despite the laws of the Legislature, the minister responsible for the Northern Pipeline Act may grant, with or without conditions, an application made to a person or entity required by a law of the Legislature to hold a public hearing on the matter if the application is EXERCISE OF FEDERAL POWERS (a) for rights or renewal of rights in respect of waters for the purpose of constructing the pipeline referred to in that Act; or (b) for permission to expropriate lands or any interest in lands for the purposes of that pipeline if the application is made by a person who holds or has applied for the water rights described in paragraph (a). 2001-2002 Yuko Application of subsection (1) (2) Subsection (1) applies only if the public hearing does not begin within six months after the application is made or is not completed within 60 days after the hearing begins or a decision is not given within 45 days after the completion of the hearing. Consultation required (3) The minister may only grant the application after consultation with the person or entity required to hold the public hearing. Effect of exercise of power (4) A decision of the minister to grant an application under subsection (1) is deemed to have been made under the laws of the Legislature. LEGISLATIVE AMENDMENT Consultation re bills 56. (1) Before a bill that amends or repeals this Act is introduced in the House of Commons by a federal minister, the Minister shall consult with the Executive Council with respect to the proposed amendment or repeal. Assembly may recommend amendments (2) The Legislative Assembly may make any recommendations to the Minister that it considers appropriate with respect to the amendment or repeal of this Act. TRANSITIONAL PROVISIONS Commissioner 57. The Commissioner, within the meaning of the former Act, who is in office immediately before the coming into force of section 4 shall continue in office according to the terms of his or her appointment. Duration of Council 58. Despite section 11, the members of the Council, within the meaning of the former Act, that are in office immediately before the coming into force of section 10 shall continue in office as members of the Legislative Assembly for the remainder of the period provided under subsection 9(3) of the former Act, but the Commissioner may dissolve the Legislative Assembly before then. Existing rights and interests 59. (1) The laws of the Legislature apply with respect to a right or interest granted under an access order, permit, licence or other authorization, lease or agreement for lease or sale that exists immediately before �� C. 7 Yuko the coming into force of any provision of this Act that repeals or renders inapplicable the provision of an Act of Parliament under which the right or interest arises. Limitation — additional conditions (2) A law of the Legislature may only provide, in respect of a right or interest described in subsection (1), for additional conditions in respect of the exercise of the right or interest if those conditions are applicable to all similar rights or interests. Limitation — cancellation, etc. (3) A law of the Legislature may only provide, in respect of a right or interest described in subsection (1), for the cancellation, suspension or limitation of the right or interest if (a) the circumstances for the cancellation, suspension or limitation of the right or interest are identical to those that would have applied before the coming into force of a provision described in subsection (1); or (b) the cancellation, suspension or limitation of the right or interest is for a failure to comply with a condition in respect of the exercise of the right or interest and the law applies to all similar rights or interests. However, paragraph (b) does not apply to claims as defined in the Yukon Placer Mining Act, chapter Y-3 of the Revised Statutes of Canada, 1985, or the Yukon Quartz Mining Act, chapter Y-4 of the Revised Statutes of Canada, 1985. Limitation — expropriation (4) A law of the Legislature may only provide, in respect of a right or interest described in subsection (1), for the expropriation of the right or interest if the holder of that right or interest is compensated under that law. Exception — claims (5) Subsection (2), paragraph (3)(a) and subsection (4) apply to claims described in subsection (3) that are renewed in conformity with the laws of the Legislature. Exception — rights and interests under the former Act (6) Subsections (2) to (4) do not apply to rights or interests arising under the former Act. 2001-2002 Yuko Reference to Government of Canada 60. Any reference to the Government of Canada, or any of its agents, in an access order, permit, licence or other authorization, lease or agreement for lease or sale referred to in subsection 59(1) shall be read as a reference to the Yukon Government. Pending applications 61. (1) Every proceeding with respect to a right or interest granted under an access order, permit, licence or other authorization, lease or agreement for lease or sale that is commenced before the coming into force of any provision of this Act that repeals or renders inapplicable the provision of an Act of Parliament under which the right or interest arises shall be taken up and continued under and in conformity with the laws of the Legislature without any further formality. Exception (2) Subsection (1) does not apply to civil or criminal proceedings before a court. Validity of laws of Legislature 62. A law of the Legislature that specifically provides that it applies to matters governed by an Act of Parliament that is repealed by any of sections 281 to 284 or made inapplicable by any of sections 238 to 247 is considered for all purposes to have been validly made if it is made before the coming into force of that section and would have been validly made, if made after that coming into force. However, it has no force and effect before that coming into force. Definition of ‘‘Agreement’’ 63. In sections 64 to 67, ‘‘Agreement’’ means the Yukon Northern Affairs Program Devolution Transfer Agreement made on October 29, 2001. Indemnification by Yukon 64. (1) The Yukon Government shall indemnify the Government of Canada, or any of its employees or agents, against all costs, charges or expenses, including an amount paid to settle an action or satisfy a judgement, that are reasonably incurred by the Government of Canada, or any of its employees or agents, in respect of any claim, action or other proceeding brought against the Government of Canada, or any of its employees or agents, arising out of any act or omission of the Yukon Government, or any of its employees or agents, in respect of �� C. 7 Yuko (a) public real property not under the administration and control of the Commissioner immediately before the coming into force of this section or water rights, if the act or omission occurs while the Commissioner has administration and control of the property or rights; (b) a right or interest granted under an access order, permit, licence or other authorization, lease or agreement for lease or sale that exists immediately before the date of coming into force of any provision of this Act that repeals or renders inapplicable the provision of the Act of Parliament under which the right or interest arises, if the act or omission occurs after that date; (c) security that is assigned to the Yukon Government under the Agreement; (d) records provided under the Agreement to the Yukon Government, unless the act or omission is made pursuant to the Agreement; or (e) remediation work required by the Agreement. Indemnification respecting obligations to employees of Canada (2) The Yukon Government shall indemnify the Government of Canada, or any of its employees or agents, against all costs, charges or expenses, including an amount paid to settle an action or satisfy a judgement, that are reasonably incurred by the Government of Canada, or any of its employees or agents, in respect of any claim, action or other proceeding brought against the Government of Canada, or any of its employees or agents, arising out of a failure by the Yukon Government, or any of its employees or agents, to meet the obligations of the Yukon Government under the Agreement in respect of employees of the Government of Canada. Indemnification of first nations (3) The Yukon Government shall indemnify a first nation, or any of its employees or agents, against all costs, charges or expenses, including an amount paid to settle an action or satisfy a judgement, that are reasonably incurred by that first nation, or any of its employees or agents, in respect of 2001-2002 Yuko any claim, action or other proceeding brought against the first nation, or any of its employees or agents, arising out of any act or omission of the Yukon Government, or any of its employees or agents, in respect of remediation work done on the first nation’s land as required by the Agreement. Indemnification by Canada 65. (1) The Government of Canada shall indemnify the Yukon Government, or any of its employees or agents, against all costs, charges or expenses, including an amount paid to settle an action or satisfy a judgement, that are reasonably incurred by the Yukon Government, or any of its employees or agents, in respect of any claim, action or other proceeding brought against the Yukon Government, or any of its employees or agents, arising out of any act or omission of the Government of Canada, or any of its employees or agents, in respect of (a) public real property not under the administration and control of the Commissioner immediately before the coming into force of this section, if the act or omission occurred while the Commissioner did not have the administration and control of the property; (b) water rights in Yukon, if the act or omission occurred before the Commissioner had administration and control of the water rights; (c) a right or interest granted under an access order, permit, licence or other authorization, lease or agreement for lease or sale that exists immediately before the date of coming into force of any provision of this Act that repeals or renders inapplicable the provision of the Act of Parliament under which the right or interest arises, if the act or omission occurs before that date; (d) security that is required to be assigned to the Yukon Government under the Agreement; (e) records that are required to be provided to the Yukon Government under the Agreement; or �� C. 7 Yuko (f) remediation work required by the Agreement. Indemnification by Canada for exercise of power (2) The Government of Canada shall indemnify the Yukon Government, or any of its employees or agents, against all costs, charges or expenses, including an amount paid to settle an action or satisfy a judgement, that are reasonably incurred by the Yukon Government, or any of its employees or agents, in respect of any claim, action or other proceeding brought against the Yukon Government, or any of its employees or agents, arising out of the exercise of a power under sections 49 to 51 or 55. Indemnification of first nations (3) The Government of Canada shall indemnify a first nation, or any of its employees or agents, against all costs, charges or expenses, including an amount paid to settle an action or satisfy a judgement, that are reasonably incurred by that first nation, or any of its employees or agents, in respect of any claim, action or other proceeding brought against the first nation, or any of its employees or agents, arising out of any act or omission of the Government of Canada, or any of its employees or agents, in respect of remediation work done on the first nation’s land as required by the Agreement. Limitation on indemnification 66. The Government of Canada, the Yukon Government or a first nation is not entitled to be indemnified under section 64 or 65 if it has settled the claim, action or proceeding without the written consent of the government that is required to indemnify it under that section. Information privileged 67. (1) The communication pursuant to the Agreement by the Government of Canada to the Yukon Government of information, however recorded, that is subject to solicitor-client privilege does not constitute a waiver of the privilege. Disclosure with consent (2) No employee or agent of the Yukon Government shall, except with the written permission of the Minister, knowingly communicate, disclose or make available any information referred to in subsection (1), or 2001-2002 Yuko permit it to be communicated, disclosed or made available, to a person who is not an employee or agent of the Yukon Government. AMENDMENTS TO THIS ACT 68. Subsection 4(3) of this Act is repealed on the day that is 10 years after the day on which that subsection comes into force. 69. (1) Subsection 22(1) of this Act is renumbered as section 22 and subsections 22(2) and (3) are repealed on the first day on which the final agreements of all first nations, within the meaning of the Yukon First Nations Land Claims Settlement Act, chapter 34 of the Statutes of Canada, 1994, are in effect. (2) The Minister shall publish a notice of that day in the Canada Gazette. 70. Paragraph 33(b) of this Act is replaced by the following: (b) the opinion of the Auditor General of Yukon referred to in subsection 34(1); and 71. This Act is amended by adding the following after section 33: Auditor General of Yukon Appointment of Auditor General 33.1 (1) The Commissioner, with the consent of the Executive Council, shall appoint a qualified auditor as the Auditor General of Yukon. Terms of appointment (2) The Auditor General of Yukon shall hold office during good behaviour for a term of 10 years, but may be removed by the Commissioner on address of the Legislative Assembly. Appointment of Auditor General of Canada (3) The Auditor General of Canada may act as Auditor General of Yukon if the Auditor General of Canada is of the opinion that it will not interfere with his or her primary responsibilities. Sections 33.2, 37.2 and 37.4 do not apply if the Auditor General of Canada acts as Auditor General of Yukon. �� C. 7 Yuko Pension benefits 33.2 The provisions of the Public Service Superannuation Act, other than those relating to tenure of office, apply to the Auditor General of Yukon. Duties 33.3 The Auditor General of Yukon shall make such examinations and inquiries as the Auditor General considers necessary to enable him or her to report as required by this Act. 72. The portion of subsection 34(1) of this Act before paragraph (a) is replaced by the following: Annual audit 34. (1) The Auditor General of Yukon shall audit the accounts, including those related to the Yukon Consolidated Revenue Fund, and financial transactions of the Yukon Government in each fiscal year in accordance with auditing standards recommended by the Canadian Institute of Chartered Accountants or its successor and shall express his or her opinion as to whether 73. The portion of section 35 of this Act before paragraph (a) is replaced by the following: Supplementary report 35. The Auditor General of Yukon may, at any time, inquire into and submit a supplementary report to the Legislative Assembly about any matter relating to the activities of the Yukon Government, including whether 74. The portion of section 36 of this Act before paragraph (a) is replaced by the following: Inquiry and report 36. At the request of the Commissioner, made with the consent of the Executive Council, the Auditor General of Yukon may, if in his or her opinion it does not interfere with the Auditor General’s primary responsibilities, inquire into and report to the Legislative Assembly on 75. Section 37 of this Act is replaced by the following: Access to information 37. (1) Except as provided by any law made by the Legislature that expressly refers to this subsection, the Auditor General of Yukon is entitled to free access at all convenient times to information that relates to the fulfilment of his or her responsibilities and is entitled to 2001-2002 Yuko require and receive from members of the public service of Yukon any information, reports and explanations that he or she considers necessary for that purpose. Stationing of officers in departments (2) In order to carry out his or her duties more effectively, the Auditor General may station any person employed in his or her office in any portion of the public service of Yukon, and the Yukon Government shall provide the necessary office accommodation for that person. Oath of secrecy (3) The Auditor General shall require every person employed in his or her office who is to examine, pursuant to this Act, the accounts of a portion of the public service of Yukon or of a corporation that is expressly declared under any law of the Legislature to be an agent of the Yukon Government to comply with any security requirements applicable to, and to take any oath of secrecy required to be taken by, persons employed in that public service or that corporation. Powers of Auditor General (4) The Auditor General may, for the purpose of auditing the accounts of Yukon, in the same manner and to the same extent as a court of record, summon and enforce the attendance of witnesses and compel them to give oral and written evidence on oath and to produce such documents and things as the Auditor General considers necessary for a full review. Auditor General may request information 37.1 (1) The Auditor General of Yukon may request a corporation that is expressly declared under any law of the Legislature to be an agent of the Yukon Government to obtain and furnish such information and explanations from its present or former directors, officers, employees, agents and auditors or those of any of its subsidiaries as are, in the Auditor General’s opinion, necessary to fulfil his or her responsibilities. Direction of the Commissioner (2) If, in the opinion of the Auditor General, a corporation fails to provide any or sufficient information or explanations in response to a request made under subsection (1), the Auditor General may so advise the Commissioner. �� C. 7 Yuko The Commissioner may then, with the consent of the Executive Council, direct the officers of the corporation to give the Auditor General such information and explanations and access to any records, documents, books, accounts and vouchers of the corporation or any of its subsidiaries as is, in the opinion of the Auditor General, necessary to fulfil his or her responsibilities. Reliance on audit reports of corporations (3) In order to fulfil his or her responsibilities, the Auditor General may rely on the report of a duly appointed auditor of a corporation referred to in subsection (1) or of any subsidiary of that corporation. Appointment of officers, etc. 37.2 (1) The Auditor General of Yukon shall appoint, in accordance with the laws of the Legislature governing employment in the public service of Yukon, such officers and employees as are necessary to enable him or her to perform the Auditor General’s duties. Suspension or dismissal (2) The Auditor General may, in accordance with the laws referred to in subsection (1), suspend or dismiss from the performance of his or her duty any person employed in the Auditor General’s office. Contract for professional services (3) The Auditor General may, within the total dollar limitations established for his or her office in appropriation laws, contract for professional services. Delegation (4) The Auditor General may delegate any of his or her powers under this section to any person or organization that under a law of the Legislature is responsible for the management of the public service of Yukon. Designation 37.3 The Auditor General of Yukon may designate a member of his or her staff to sign on the Auditor General’s behalf any opinion that he or she is required to give and any report other than a report to the Legislative Assembly, and any member so signing an opinion or report shall indicate beneath his or her signature his or her position in the office of the Auditor General and the fact that he or she is signing on behalf of the Auditor General. 2001-2002 Special report Yuko 37.4 The Auditor General of Yukon may make a special report to the Legislative Assembly if he or she is of the opinion that (a) the amounts provided for his or her office in the estimates are inadequate to enable the Auditor General to fulfil his or her responsibilities; or (b) the laws of the Legislature governing employment in the public service of Yukon may undermine the independence of the Office of the Auditor General or otherwise interfere with the performance of his or her duties. 76. (1) Section 55 of this Act is repealed on the day on which the National Energy Board gives leave to open the last section or part of the pipeline referred to in the Northern Pipeline Act. (2) The Minister shall publish a notice of that day in the Canada Gazette. AMENDMENTS TO OTHER ACTS R.S., c. A-1 Access to Information Act 1994, c. 43, s. 80 77. Schedule I to the Access to Information Act is amended by striking out the following under the heading ‘‘Other Government Institutions’’: Yukon Surface Rights Board Office des droits de surface du Yukon 78. Schedule I to the Act is amended by striking out the following under the heading ‘‘Other Government Institutions’’: Yukon Territory Water Board Office des eaux du territoire du Yukon R.S., c. A-2 Aeronautics Act 1999, c. 3, s. 13 79. Paragraph (e) of the definition ‘‘superior court’’ in subsection 3(1) of the English version of the Aeronautics Act is replaced by the following: (e) the Supreme Court of Yukon, the Supreme Court of the Northwest Territories and the Nunavut Court of Justice; �� C. 7 Yuko R.S., c. A-12 Arctic Waters Pollution Prevention Act 1992, c. 40, s. 49 80. The definition ‘‘analyst’’ in section 2 of the Arctic Waters Pollution Prevention Act is replaced by the following: ‘‘analyst’’ « analyste » ‘‘analyst’’ means a person designated as an analyst pursuant to the Canada Water Act or the Northwest Territories Waters Act; 1991, c. 46 Bank Act 1999, c. 3, s. 14 81. Paragraph (f) of the definition ‘‘court’’ in section 2 of the English version of the Bank Act is replaced by the following: (f) the Supreme Court of Yukon, the Supreme Court of the Northwest Territories and the Nunavut Court of Justice; 1993, c. 28, s. 78 (Sch. III, s. 5) 82. The definition ‘‘agency’’ in subsection 427(5) of the English version of the Act is replaced by the following: ‘‘agency’’ « agence » ‘‘agency’’ means, in a province, the office of the Bank of Canada or its authorized representative but does not include its Ottawa office, and in Yukon, the Northwest Territories and Nunavut means the office of the clerk of the court of each of those territories respectively; R.S., c. B-3; 1992, c. 27, s. 2 1999, c. 3, s. 15 Bankruptcy and Insolvency Act 83. Paragraph 183(1)(h) of the Bankruptcy and Insolvency Act is replaced by the following: (h) in Yukon, the Supreme Court of Yukon, in the Northwest Territories, the Supreme Court of the Northwest Territories, and in Nunavut, the Nunavut Court of Justice. 1993, c. 28, s. 78 (Sch. III, s. 7) 84. Paragraph 184(c) of the Act is replaced by the following: (c) in Yukon, the Commissioner of Yukon, 85. Section 242 of the Act is replaced by the following: 2001-2002 Yuko Coming into force 242. This Part shall come into force in the Province of Ontario, Quebec, New Brunswick or Newfoundland or in Yukon only on the issue, at the request of the lieutenant governor in council of that Province or the Commissioner of Yukon, of a proclamation by the Governor in Council declaring it to be in force in that Province or territory . R.S., c. B-6 Boards of Trade Act 86. Paragraph (b) of the definition ‘‘district’’ in section 2 of the Boards of Trade Act is replaced by the following: (b) in the Province of British Columbia and in Yukon, any mining division, or any tract of country described as extending to certain specified distances and in certain specified directions from any stated point, within and for which a board of trade is established. 87. Subsection 3(1) of the Act is replaced by the following: Persons who may form a board of trade 3. (1) Any number of persons, not fewer than thirty, who are merchants, traders, brokers, mechanics, manufacturers, managers of banks or insurance agents, carrying on business in, or resident in, a district that has a population of not less than two thousand five hundred, or in the Province of British Columbia or in Yukon not less than one thousand five hundred, may associate themselves together as a board of trade and appoint a secretary. R.S., c. C-44; 1994, c. 24, s. 1 (F) Canada Business Corporations Act 1999, c. 3, s. 16 88. Paragraph (e) of the definition ‘‘court’’ in subsection 2(1) of the English version of the Canada Business Corporations Act is replaced by the following: (e) the Supreme Court of Yukon, the Supreme Court of the Northwest Territories and the Nunavut Court of Justice; �� R.S.C. 1970, c. C-32 1999, c. 3, s. 17 C. 7 Yuko Canada Corporations Act 89. Paragraph (d) of the definition ‘‘court’’ in subsection 3(1) of the English version of the Canada Corporations Act is replaced by the following: (d) in Yukon, the Supreme Court of Yukon, in the Northwest Territories, the Supreme Court of the Northwest Territories, and in Nunavut, the Nunavut Court of Justice; 2000, c. 9 Canada Elections Act 90. Paragraph (f) of the definition ‘‘judge’’ in subsection 2(1) of the Canada Elections Act is replaced by the following: (f) in relation to the electoral district of Yukon, a judge of the Supreme Court of Yukon; 91. Paragraphs 22(3)(c) and (d) of the Act are replaced by the following: (c) a member of the legislature of a province, the Council of the Northwest Territories or the Legislative Assembly of Yukon or Nunavut; (d) a judge or deputy judge of any superior court or any bankruptcy or insolvency court and, in Yukon and the Northwest Territories, a judge of the Supreme Court; 92. Paragraph 65(c) of the Act is replaced by the following: (c) a member of the legislature of a province, the Council of the Northwest Territories or the Legislative Assembly of Yukon or Nunavut; 93. Paragraph 311(1)(b) of the Act is replaced by the following: (b) in the Province of Quebec, New Brunswick or Alberta, Yukon, the Northwest Territories or Nunavut, to a judge of the Court of Appeal of the Province or Territory; 94. Paragraph 525(2)(c) of the English version of the Act is replaced by the following: (c) in the Provinces of Nova Scotia and British Columbia, Yukon and the Northwest Territories, the Supreme Court; 2001-2002 Yuko 95. The expression ‘‘Yukon Territory’’ is replaced by the word ‘‘Yukon’’ wherever it occurs in Schedules 2 and 3 to the Act. R.S., c. C-5 Canada Evidence Act 1993, c. 28, s. 78 (Sch. III, s. 8) 96. Subsection 22(2) of the Canada Evidence Act is replaced by the following: In the case of the territories (2) Evidence of any proclamation, order, regulation or appointment made by the Lieutenant Governor or Lieutenant Governor in Council of the Northwest Territories, as constituted prior to September 1, 1905, or by the Commissioner in Council of the Northwest Territories or the Legislature of Yukon or the Legislature for Nunavut, may be given by the production of a copy of the Canada Gazette purporting to contain a copy of the proclamation, order, regulation or appointment, or a notice of it. R.S., c. L-2 1993, c. 28, s. 78 (Sch. III, s. 89) Canada Labour Code 97. Paragraph 123(1)(a) of the English version of the Canada Labour Code is replaced by the following: (a) on or in connection with the operation of any federal work, undertaking or business other than a work, undertaking or business of a local or private nature in Yukon, the Northwest Territories or Nunavut; 1993, c. 28, s. 78 (Sch. III, s. 90) 98. Paragraph 167(1)(a) of the English version of the Act is replaced by the following: (a) to employment in or in connection with the operation of any federal work, undertaking or business other than a work, undertaking or business of a local or private nature in Yukon, the Northwest Territories or Nunavut; R.S., c. L-6 Canada Lands Surveys Act 99. Paragraph (a) of the definition ‘‘Commissioner’’ in subsection 2(1) of the Canada Lands Surveys Act is replaced by the following: (a) in respect of lands under his or her administration and control under the Yukon Act, the Commissioner of Yukon, and �� C. 7 Yuko 1998, c. 15, s. 51 100. Section 22 of the Act is replaced by the following: Surveys made by Canada Lands Surveyor under other Act 22. The provisions of sections 17, 18 and 23 apply, with any modifications that the circumstances require, to surveys under any other Act of Parliament, or any regulation made under such an Act , or any ordinance of the Northwest Territories or any law of the Legislature of Yukon or the Legislature for Nunavut if the Act, regulation, ordinance or law requires the surveys to be made by a Canada Lands Surveyor. 2000, c. 32, s. 49 101. The portion of paragraph 24(1)(a) of the Act before subparagraph (i) is replaced by the following: (a) any lands belonging to Her Majesty in right of Canada or of which the Government of Canada has power to dispose that are situated in Yukon, the Northwest Territories, Nunavut or in any National Park of Canada and any lands that are 1993, c. 28, s. 78 (Sch. III, s. 103); 1998, c. 14, par. 100(i)(F) 102. Subsection 32(2) of the Act is replaced by the following: Roads, etc., to be public highways (2) With respect to Canada Lands situated in Yukon, the Northwest Territories or Nunavut, all allowances laid out in surveys of roads, streets, lanes or commons in any city, town, village or settlement shall be public highways or commons. 1993, c. 28, s. 78 (Sch. III, s. 104) 103. The definition ‘‘territorial lands’’ in section 34 of the Act is replaced by the following: ‘‘territorial lands’’ « terres territoriales » ‘‘territorial lands’’ means any lands situated in Yukon, the Northwest Territories or Nunavut. 1999, c. 3, s. 79(1) 104. (1) Paragraph 41(2)(c) of the Act is replaced by the following: (c) that any person to whom the notice of decision is mailed has a right of appeal from the decision to the Supreme Court of Yukon, the Supreme Court of the Northwest Territories or the Nunavut Court of Justice, as the case may be, within sixty days after the date of the notice; and 2001-2002 1999, c. 3, s. 79(2) Who may appeal Yuko (2) Subsection 41(4) of the Act is replaced by the following: (4) Any person to whom a notice of decision is mailed under this section may, within sixty days after the date of the notice of decision and if within that time the person serves the Minister or the Commissioner with a notice of appeal, appeal from the decision of the Minister or the Commissioner to the Supreme Court of Yukon, the Supreme Court of the Northwest Territories or the Nunavut Court of Justice, as the case may be. 1998, c. 10 Canada Marine Act 1999, c. 3, s. 18 105. Paragraph (f) of the definition ‘‘court’’ in section 103 of the English version of the Canada Marine Act is replaced by the following: (f) the Supreme Court of Yukon, the Supreme Court of the Northwest Territories and the Nunavut Court of Justice; and 2000, c. 32 Canada National Parks Act 106. Part 11 of Schedule 1 to the Canada National Parks Act is amended by replacing the words ‘‘Yukon Territory’’ and ‘‘the Yukon Territory’’, wherever they occur, with the word ‘‘Yukon’’. 107. Schedule 2 to the English version of the Act is amended by replacing the words ‘‘Yukon Territory’’ and ‘‘the Yukon Territory’’, wherever they occur, with the word ‘‘Yukon’’ and by replacing the words ‘‘said Territory’’ with the words ‘‘said territory’’. 1987, c. 3 1993, c. 28, s. 78 (Sch. III, s. 8.1); 1998, c. 15, s. 18 Canada-Newfoundland Atlantic Accord Implementation Act 108. Paragraph (a) of the definition ‘‘frontier lands’’ in subsection 6(1) of the English version of the Canada-Newfoundland Atlantic Accord Implementation Act is replaced by the following: (a) Yukon, the Northwest Territories, Nunavut or Sable Island, or 1993, c. 28, s. 78 (Sch. III, s. 8.2); 1998, c. 15, s. 18 109. The definition ‘‘province’’ in subsection 218(1) of the English version of the Act is replaced by the following: �� C. 7 Yuko ‘‘province’’ « province » ‘‘province’’ does not include the Northwest Territories, Yukon or Nunavut. 1998, c. 28 Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act 1993, c. 28, s. 78 (Sch. III, s. 8.3); 1998, c. 15, s. 18 110. The definition ‘‘province’’ in subsection 223(1) of the English version of the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act is replaced by the following: ‘‘province’’ « province » ‘‘province’’ does not include the Northwest Territories, Yukon or Nunavut. R.S., c. C-8 Canada Pension Plan 1993, c. 28, s. 78 (Sch. III, s. 9) 111. Subsection 114(1) of the English version of the Canada Pension Plan is replaced by the following: Definition of ‘‘included province’’ 114. (1) In this section, ‘‘included province’’ means a province other than Yukon, the Northwest Territories or Nunavut, except a province providing a comprehensive pension plan unless at the time in respect of which the description is relevant there is in force an agreement entered into under subsection 4(3) with the government of that province. 1997, c. 40 Canada Pension Plan Investment Board Act 1999, c. 3, s. 19 112. Paragraph (f) of the definition ‘‘court’’ in section 2 of the English version of the Canada Pension Plan Investment Board Act is replaced by the following: (f) the Supreme Court of Yukon, the Supreme Court of the Northwest Territories and the Nunavut Court of Justice. R.S., c. S-23 Canada Student Loans Act 1993, c. 28, s. 78 (Sch. III, s. 132) 113. Subsection 2(2) of the Canada Student Loans Act is replaced by the following: Territories (2) In its application to Yukon, the Northwest Territories and Nunavut, the expression ‘‘lieutenant governor in council’’ in this Act means the Commissioner of Yukon, the Northwest Territories or Nunavut, acting after consultation with the Legislative Assembly of 2001-2002 Yuko Yukon, the Council of the Northwest Territories or the Legislative Assembly of Nunavut, as the case may be. 1996, c. 10 Canada Transportation Act 1999, c. 3, s. 20(1) 114. Paragraph (d) of the definition ‘‘superior court’’ in section 6 of the English version of the Canada Transportation Act is replaced by the following: (d) in Nova Scotia, British Columbia, Yukon and the Northwest Territories, the Supreme Court, R.S., c. C-11 Canada Water Act 115. The definition ‘‘federal waters’’ in subsection 2(1) of the Canada Water Act is replaced by the following: ‘‘federal waters’’ « eaux fédérales » ‘‘federal waters’’ means, other than in Yukon, waters under the exclusive legislative jurisdiction of Parliament and, in Yukon, waters in a federal conservation area within the meaning of section 2 of the Yukon Act; 1998, c. 5 Canada-Yukon Oil and Gas Accord Implementation Act 116. Subsection 19(2) of the Canada-Yukon Oil and Gas Accord Implementation Act is replaced by the following: Definitions (2) The expressions ‘‘adjoining area’’, ‘‘gas’’, ‘‘oil’’, ‘‘oil and gas interest’’, ‘‘territorial oil and gas minister’’ and ‘‘Yukon oil and gas laws’’ in sections 20 to 28 have the same meaning as in section 2 of the Yukon Act, as it read immediately before the coming into force of this subsection. 117. (1) Section 21 of the English version of the Act is replaced by the following: �� Exercise of access rights C. 7 Yuko 21. Where Yukon oil and gas laws confer a right of access to lands for purposes of exploration for or production or transportation of oil or gas, and provide for the resolution of disputes between persons exercising that right and persons, other than the Governments of Canada and Yukon, having rights or interests in the surface of those lands, those laws shall provide for such resolution to be by means of access orders of the Yukon Surface Rights Board made in accordance with the Yukon Surface Rights Board Act. (2) Section 21 of the Act is repealed. 118. Subsections 25(1) and (2) of the English version of the Act are replaced by the following: Indemnification by Yukon 25. (1) The Yukon Government shall indemnify the Government of Canada against any claim, action or other proceeding for damages brought against the Government of Canada, or any of its employees or agents, arising out of any acts or omissions of the Yukon Government in respect of the operation of Yukon oil and gas laws on and after the transfer date. Indemnification by Canada (2) The Government of Canada shall indemnify the Yukon Government against any claim, action or other proceeding for damages brought against the Yukon Government, or any of its employees or agents, after the transfer date in respect of the operation of the Canada Oil and Gas Operations Act, the Canada Petroleum Resources Act or Part II.1 of the National Energy Board Act before the transfer date. 119. The Act is amended by adding the following after section 27: Laws of the Legislature 27.1 Every reference to ‘‘Yukon oil and gas laws’’ in sections 20, 21, 22 and 25 shall be read so as to include any laws of the Legislature of Yukon in respect of oil and gas. 2001-2002 Yuko R.S., c. C-13 Canadian Centre for Occupational Health and Safety Act 1993, c. 28, s. 78 (Sch. III, s. 11) 120. Paragraph 4(b) of the English version of the Canadian Centre for Occupational Health and Safety Act is replaced by the following: (b) thirteen other governors, one to be nominated by the lieutenant governor in council of each of the ten provinces, one to be nominated by the Commissioner of Yukon, one to be nominated by the Commissioner of the Northwest Territories and one to be nominated by the Commissioner of Nunavut; 1993, c. 28, s. 78 (Sch. III, s. 12) Report to be sent to each province 121. Subsection 26(4) of the English version of the Act is replaced by the following: (4) Without delay after the report is laid before Parliament under subsection (2), the Minister shall send a copy of it to the lieutenant governor of each province, the Commissioner of Yukon, the Commissioner of the Northwest Territories and the Commissioner of Nunavut. 1992, c. 37 Canadian Environmental Assessment Act 1998, c. 15, subpar. 50(b)(i) 122. (1) The portion of the definition ‘‘federal authority’’ in subsection 2(1) of the Canadian Environmental Assessment Act after paragraph (d) is replaced by the following: but does not include the Legislature or an agency or body of Yukon or Nunavut, the Commissioner in Council or an agency or body of the Northwest Territories, a council of the band within the meaning of the Indian Act, The Hamilton Harbour Commissioners constituted pursuant to The Hamilton Harbour Commissioners’ Act, The Toronto Harbour Commissioners constituted pursuant to The Toronto Harbour Commissioners’ Act, 1911, a harbour commission established pursuant to the Harbour Commissions Act, a Crown corporation within the meaning of the Financial Administration Act, a not-for-profit corporation that enters into an agreement under subsection �� C. 7 Yuko 80(5) of the Canada Marine Act or a port authority established under that Act; 1998, c. 15, subpar. 50(b)(ii) (2) Paragraph (a) of the definition ‘‘federal lands’’ in subsection 2(1) of the Act is replaced by the following: (a) lands that belong to Her Majesty in right of Canada, or that Her Majesty in right of Canada has the power to dispose of, and all waters on and airspace above those lands, other than lands under the administration and control of the Commissioner of Yukon, the Northwest Territories or Nunavut and lands the management of which has been granted to a port authority under the Canada Marine Act or a not-for-profit corporation that has entered into an agreement under subsection 80(5) of that Act, 1993, c. 28, s. 78 (Sch. III, s. 14) 123. Subparagraph 48(6)(a)(i) of the Act is replaced by the following: (i) for the purposes of land claim settlement have been withdrawn from disposal, under the Territorial Lands Act in the case of land areas situated in the Northwest Territories or Nunavut, or under a law of the Legislature of Yukon in the case of land areas situated in Yukon, or 1999, c. 33 Canadian Environmental Protection Act, 1999 124. Subparagraph 6(2)(c)(v) of the Canadian Environmental Protection Act, 1999 is replaced by the following: (v) one representative for all aboriginal governments, except Inuit, in British Columbia and Yukon, and 125. Section 207 of the Act is amended by adding the following after subsection (1): Yukon (1.1) This Part does not apply to public real property under the administration and control of the Commissioner of Yukon pursuant to the Yukon Act. 2001-2002 R.S., c. H-6 1993, c. 28, s. 78 (Sch. III, s. 68) Yuko Canadian Human Rights Act 126. Paragraph 37(1)(d) of the Canadian Human Rights Act is replaced by the following: (d) respecting the procedure to be followed in dealing with complaints under Part III that have arisen in Yukon, the Northwest Territories or Nunavut; 1993, c. 28, s. 78 (Sch. III, s. 69) 127. Section 63 of the Act is replaced by the following: Application in the territories 63. Where a complaint under this Part relates to an act or omission that occurred in Yukon, the Northwest Territories or Nunavut, it may not be dealt with under this Part unless the act or omission could be the subject of a complaint under this Part had it occurred in a province. 1993, c. 28, s. 78 (Sch. III, s. 70(1)) 128. Subsections 66(1) and (2) of the Act are replaced by the following: Binding on Her Majesty 66. (1) This Act is binding on Her Majesty in right of Canada, except in matters respecting the Yukon Government or the Government of the Northwest Territories or Nunavut. R.S., c. 24 (4th Supp.) Canadian Multiculturalism Act 1993, c. 28, s. 78 (Sch. III, s. 16) 129. Paragraph (c) of the definition ‘‘federal institution’’ in section 2 of the Canadian Multiculturalism Act is replaced by the following: (c) any institution of the Council or government of the Northwest Territories or of the Legislative Assembly or government of Yukon or Nunavut, or �� 1989, c. 3 C. 7 Yuko Canadian Transportation Accident Investigation and Safety Board Act 1993, c. 28, s. 78 (Sch. III, s. 17) 130. Subsection 14(2) of the Canadian Transportation Accident Investigation and Safety Board Act is replaced by the following: Request by a department or province (2) Subject to section 18, the Board may investigate a transportation occurrence where a department, the lieutenant governor in council of a province or the Commissioner of the Northwest Territories or Nunavut, or the Commissioner of Yukon with the consent of the Executive Council of that territory , requests the Board to investigate and undertakes to be liable to the Board for any reasonable costs incurred by the Board in the investigation. R.S., c. C-29 Citizenship Act 1993, c. 28, s. 78 (Sch. III, s. 18) 131. Section 37 of the Citizenship Act is replaced by the following: Coming into force 37. Sections 35 and 36 shall come into force in any of the Provinces of Ontario, Quebec, Nova Scotia, New Brunswick, British Columbia, Prince Edward Island, Saskatchewan and Newfoundland or in Yukon, the Northwest Territories or Nunavut on a day fixed in a proclamation of the Governor in Council declaring those sections to be in force in that Province or any of those territories. 1992, c. 31 Coasting Trade Act 1999, c. 3, s. 21 132. Paragraph (f) of the definition ‘‘court’’ in subsection 16(22) of the English version of the Coasting Trade Act is replaced by the following: (f) the Supreme Court of Yukon, the Supreme Court of the Northwest Territories and the Nunavut Court of Justice, and 2001-2002 R.S., c. C-36 1999, c. 3, s. 22 Yuko Companies’ Creditors Arrangement Act 133. Paragraph (d) of the definition ‘‘court’’ in section 2 of the Companies’ Creditors Arrangement Act is replaced by the following: (d) in Yukon and the Northwest Territories, the Supreme Court, and in Nunavut, the Nunavut Court of Justice; 134. Section 13 of the Act is replaced by the following: Leave to appeal 13. Except in Yukon, any person dissatisfied with an order or a decision made under this Act may appeal from the order or decision on obtaining leave of the judge appealed from or of the court or a judge of the court to which the appeal lies and on such terms as to security and in other respects as the judge or court directs. 135. Subsection 14(2) of the Act is replaced by the following: Practice (2) All appeals under section 13 shall be regulated as far as possible according to the practice in other cases of the court appealed to, but no appeal shall be entertained unless, within twenty-one days after the rendering of the order or decision being appealed, or within such further time as the court appealed from, or, in Yukon, a judge of the Supreme Court of Canada, allows, the appellant has taken proceedings therein to perfect his or her appeal, and within that time he or she has made a deposit or given sufficient security according to the practice of the court appealed to that he or she will duly prosecute the appeal and pay such costs as may be awarded to the respondent and comply with any terms as to security or otherwise imposed by the judge giving leave to appeal. �� C. 7 Yuko 1991, c. 48 Cooperative Credit Associations Act 1999, c. 3, s. 24 136. Paragraph (f) of the definition ‘‘court’’ in section 2 of the English version of the Cooperative Credit Associations Act is replaced by the following: (f) the Supreme Court of Yukon, the Supreme Court of the Northwest Territories and the Nunavut Court of Justice; R.S., c. C-46 Criminal Code 1993, c. 28, s. 78 (Sch. III, s. 25(1)) 137. (1) Subparagraph (b)(i) of the definition ‘‘Attorney General’’ in section 2 of the Criminal Code is replaced by the following: (i) Yukon, the Northwest Territories and Nunavut, or (2) Paragraph (f) of the definition ‘‘superior court of criminal jurisdiction’’ in section 2 of the Act is replaced by the following: (f) in Yukon, the Supreme Court, 138. Paragraph 8(1)(a) of the Act is replaced by the following: (a) in Yukon, in so far as they are inconsistent with the Yukon Act; 1992, c. 51, s. 34 139. Paragraph (d) of the definition ‘‘court’’ in subsection 164(8) of the Act is replaced by the following: (d) in the Provinces of Nova Scotia and British Columbia, in Yukon and in the Northwest Territories, the Supreme Court, and 1999, c. 3, s. 28 140. Paragraph 188(4)(f) of the Act is replaced by the following: (f) in Yukon, the Northwest Territories and Nunavut, the senior judge within the meaning of subsection 22(3) of the Judges Act. 1993, c. 28, s. 78 (Sch. III, s. 30); 1996, c. 8, par. 31(1)(d) 141. Paragraph (e) of the definition ‘‘Minister of Health’’ in subsection 287(6) of the Act is replaced by the following: (e) in Yukon, the Northwest Territories and Nunavut, the Minister of Health; 2001-2002 1992, c. 51, s. 36 Yuko 142. Paragraph (d) of the definition ‘‘court’’ in subsection 320(8) of the Act is replaced by the following: (d) in the Provinces of Nova Scotia and British Columbia, in Yukon and in the Northwest Territories, the Supreme Court, and R.S., c. 27 (2nd Supp.), s. 10 (Sch., s. 6(10)); 1999, c. 3, s. 30(1)(E) 143. Paragraph (e) of the definition ‘‘judge’’ in section 493 of the Act is replaced by the following: (e) in Yukon and the Northwest Territories, a judge of the Supreme Court, and 1993, c. 28, s. 78 (Sch. III, s. 33) 144. Section 533 of the Act is replaced by the following: Regulations 533. The Lieutenant Governor in Council of a province may make regulations generally for carrying into effect the purposes and provisions of this Part in the province and the Commissioner of Yukon, the Commissioner of the Northwest Territories and the Commissioner of Nunavut may make regulations generally for carrying into effect the purposes and provisions of this Part in Yukon, the Northwest Territories and Nunavut, respectively. R.S., c. 27 (2nd Supp.), s. 10 (Sch., s. 6(12)); 1999, c. 3, s. 36(1)(E) 145. Paragraph (i) of the definition ‘‘judge’’ in section 552 of the Act is replaced by the following: 1993, c. 28, s. 78 (Sch. III, s. 35) 146. Paragraph 745.6(3)(f) of the Act is replaced by the following: (i) in Yukon and the Northwest Territories, a judge of the Supreme Court, and (f) in relation to Yukon, the Northwest Territories and Nunavut, the Chief Justice of the Court of Appeal. 1999, c. 3, s. 53 147. Subsection 745.64(2) of the English version of the Act is replaced by the following: Territories (2) When the appropriate Chief Justice is designating a judge of the superior court of criminal jurisdiction, for the purpose of a judicial screening under subsection 745.61(1) or to empanel a jury to hear an application �� C. 7 Yuko under subsection 745.61(5), in respect of a conviction that took place in Yukon, the Northwest Territories or Nunavut, the appropriate Chief Justice may designate the judge from the Court of Appeal of Yukon, the Northwest Territories or Nunavut, or the Supreme Court of Yukon or the Northwest Territories or the Nunavut Court of Justice, as the case may be. 148. The schedule to Part XXV of the Act is amended by replacing the reference to ‘‘Yukon Territory’’ in column I with a reference to ‘‘Yukon’’. 1999, c. 3, ss. 55(1) and (2)(E) 149. Paragraph 812(1)(h) of the Act is replaced by the following: (h) in Yukon and the Northwest Territories, a judge of the Supreme Court; and 1993, c. 28, s. 78 (Sch. III, s. 37) 150. Subsection 814(4) of the Act is replaced by the following: Territories (4) In Yukon, the Northwest Territories and Nunavut, an appeal under section 813 shall be heard at the place where the cause of the proceedings arose or at the place nearest to it where a court is appointed to be held. R.S., c. C-50; 1990, c. 8, s. 21 Crown Liability and Proceedings Act 1993, c. 28, s. 78 (Sch. III, s. 38); 1998, c. 15, s. 21 151. The definition ‘‘servant’’ in section 2 of the Crown Liability and Proceedings Act is replaced by the following: ‘‘servant’’ « préposés » ‘‘servant’’ includes agent, but does not include any person appointed or employed by or under the authority of an ordinance of the Northwest Territories or a law of the Legislature of Yukon or of the Legislature for Nunavut; R.S., c. 1 (2nd Supp.) Customs Act 1992, c. 51, s. 44(1) 152. Paragraph (c) of the definition ‘‘court’’ in subsection 71(2) of the Customs Act is replaced by the following: (c) in the Provinces of Nova Scotia and British Columbia, in Yukon and in the Northwest Territories, the Supreme Court, 2001-2002 1992, c. 51, s. 45(1) Yuko 153. Paragraph 138(5)(c) of the Act is replaced by the following: (c) in the Provinces of Nova Scotia and British Columbia, in Yukon and in the Northwest Territories, the Supreme Court, R.S., c. I-6 1993, c. 28, s. 78 (Sch. III, s. 75) Department of Indian Affairs and Northern Development Act 154. Paragraph 4(b) of the English version of the Department of Indian Affairs and Northern Development Act is replaced by the following: (b) Yukon, the Northwest Territories and Nunavut and their resources and affairs; and 1993, c. 28, s. 78 (Sch. III, s. 76) 155. Paragraphs 5(a) and (b) of the English version of the Act are replaced by the following: (a) coordinating the activities in Yukon, the Northwest Territories and Nunavut of the several departments, boards and agencies of the Government of Canada; (b) undertaking, promoting and recommending policies and programs for the further economic and political development of Yukon, the Northwest Territories and Nunavut; and 1993, c. 28, s. 78 (Sch. III, s. 77) 156. Section 6 of the Act is replaced by the following: Administration of lands 6. (1) The Minister has the administration of all lands situated in the Northwest Territories and Nunavut belonging to Her Majesty in right of Canada except those lands (a) that are under the administration of any other minister of the Government of Canada or any agent corporation as defined in subsection 83(1) of the Financial Administration Act ; or (b) that are under the administration and control of the Commissioner of the Northwest Territories pursuant to the Northwest Territories Act or the Commissioner of Nunavut pursuant to the Nunavut Act. �� Administration of certain lands in Yukon C. 7 Yuko (2) The Minister has the administration of all public real property, within the meaning of section 2 of the Yukon Act, that is not under the administration and control of the Commissioner of Yukon under that Act or under the administration of another minister of the Government of Canada or any agent corporation as defined in subsection 83(1) of the Financial Administration Act. 1996, c. 16 Department of Public Works and Government Services Act 2001, c. 4, s. 158(1) 157. Subsection 10(1) of the Department of Public Works and Government Services Act is replaced by the following: Federal real property and federal immovables 10. (1) The Minister has the administration of all federal real property and federal immovables not situated in Yukon, the Northwest Territories or Nunavut except those under the administration of any other minister, board or agency of the Government of Canada or any corporation. R.S., c. 3 (2nd Supp.) Divorce Act 1999, c. 3, s. 61 158. Paragraph (e) of the definition ‘‘court’’ in subsection 2(1) of the English version of the Divorce Act is replaced by the following: (e) for Yukon or the Northwest Territories, the Supreme Court, and in Nunavut, the Nunavut Court of Justice, 159. Paragraph (a) of the definition ‘‘Attorney General’’ in subsection 18(1) of the Act is replaced by the following: (a) for Yukon, the member of the Executive Council of Yukon designated by the Commissioner of Yukon, 1997, c. 1, s. 9 160. Paragraph 20.1(1)(c) of the Act is replaced by the following: (c) any member of the Legislative Assembly of Yukon, or any agency in Yukon, designated by the Commissioner of Yukon; 2001-2002 R.S., c. W-4 Yuko Dominion Water Power Act 161. The definitions ‘‘Dominion waterpowers’’ and ‘‘public lands’’ in section 2 of the Dominion Water Power Act are replaced by the following: ‘‘Dominion water-powers’’ « forces hydrauliques du Canada » ‘‘Dominion water-powers’’ means any waterpowers on public lands, or any other waterpowers that are the property of Canada and have been or may be placed under the administration of the Minister, but does not include water-powers on lands under the administration and control of the Commissioner of Yukon; ‘‘public lands’’ « terres domaniales » ‘‘public lands’’ means lands belonging to Her Majesty in right of Canada and includes lands of which the Government of Canada has power to dispose but does not include lands under the administration and control of the Commissioner of Yukon; 1995, c. 44 1993, c. 28, s. 78 (Sch. III, s. 46); 1998, c. 15, s. 25 Employment Equity Act 162. Paragraph (a) of the definition ‘‘private sector employer’’ in section 3 of the English version of the Employment Equity Act is replaced by the following: (a) a person who employs employees on or in connection with a work, undertaking or business of a local or private nature in Yukon, the Northwest Territories or Nunavut, or R.S., c. E-6 Energy Administration Act 1993, c. 28, s. 78 (Sch. III, s. 47) 163. Subsection 24(2) of the English version of the Energy Administration Act is replaced by the following: Prescribing maximum (2) Notwithstanding subsection (1), the Governor in Council may, by regulation, establish maximum prices for the various qualities and kinds of crude oil to which this Part applies that are produced, extracted or recovered in Yukon, the Northwest Territories or Nunavut. 1993, c. 28, s. 78 (Sch. III, s. 48) 164. Subsection 40(2) of the English version of the Act is replaced by the following: �� C. 7 Yuko Prescribing prices (2) Notwithstanding subsection (1), the Governor in Council may, by regulation, prescribe prices at which the various kinds of gas to which this Part applies that are produced, extracted, recovered or manufactured in Yukon, the Northwest Territories or Nunavut are to be sold on or for delivery in any areas or zones in Canada and outside any of those territories or at any points of export from Canada. 1993, c. 28, s. 78 (Sch. III, s. 49) 165. Subsection 41(2) of the English version of the Act is replaced by the following: Territories or offshore area (2) Where the Governor in Council prescribes prices pursuant to subsection 40(2) or (3) at which the various kinds of gas to which this Part applies that are produced, extracted, recovered or manufactured in Yukon, the Northwest Territories, Nunavut or the offshore area, as the case may be, are to be sold, sections 43 to 55 apply in respect of any of those territories or that offshore area. R.S., c. E-15 Excise Tax Act 1993, c. 28, s. 78 (Sch. III, s. 50) 166. Subsection 2(2) of the Excise Tax Act is replaced by the following: Application to territories (2) For the purposes of this Act, the expression ‘‘Her Majesty in right of a province’’ includes the governments of Yukon, the Northwest Territories and Nunavut and the expression ‘‘legislature of any province’’ includes the Council of the Northwest Territories and the Legislative Assembly of Yukon or Nunavut. R.S., c. E-21 Expropriation Act 1994, c. 43, s. 84 167. Subsection 4(4) of the Expropriation Act is replaced by the following: Exception (4) No interest in settlement land as defined in section 2 of the Yukon First Nations Land Claims Settlement Act or lands identified as such in a self-government agreement as defined in the Yukon First Nations Self-Government Act may be expropriated under this Part without the consent of the Governor in Council. 2001-2002 Yuko 1994, c. 43, s. 86 168. Section 35.1 of the Act is replaced by the following: Exception 35.1 (1) Notwithstanding any other provision of this Act, any dispute as to the compensation payable in respect of an expropriated interest in land described in subsection 4(4) or (5) may only be heard and determined by the body established under the laws of the Legislature of Yukon having jurisdiction with respect to surface rights and under and in accordance with those laws . Provisions applicable (2) Subsection 16(2) and sections 33, 35 and 36 apply, with any modifications that the circumstances require, in respect of compensation determined by the body referred to in subsection (1) as if that compensation were compensation adjudged by the Court. 1999, c. 18 Extradition Act 169. Paragraph (d) of the definition ‘‘court’’ in section 2 of the Extradition Act is replaced by the following: (d) in Nova Scotia, British Columbia, Yukon and the Northwest Territories, the Supreme Court, and in Nunavut, the Nunavut Court of Justice ; and R.S., c. F-8; 1995, c. 17, s. 45(1) Federal-Provincial Fiscal Arrangements Act 1999, c. 26, s. 2 170. Subsection 2(2) of the Federal-Provincial Fiscal Arrangements Act is replaced by the following: Definition of ‘‘province’’ (2) In Parts I, II and IV, ‘‘province’’ does not include Yukon, the Northwest Territories or Nunavut. 1991, c. 50; 2001, c. 4, s. 10 Federal Real Property and Federal Immovables Act 1993, c. 28, s. 78 (Sch. III, s. 58); 2001, c. 4, s. 19(F) 171. Section 17 of the Federal Real Property and Federal Immovables Act is replaced by the following: Territorial lands 17. (1) Notwithstanding section 3 of the Territorial Lands Act, sections 13 to 16 and 19 of that Act apply in respect of all federal real property in the Northwest Territories and Nunavut. �� C. 7 Yuko Yukon (1.1) Sections 13 to 16 and 19 of the Territorial Lands Act apply in respect of federal real property in Yukon that is under the administration of a Minister or an agent corporation. Administration of reserved property (2) If any federal real property in the Northwest Territories or Nunavut or, in Yukon, any federal real property that is described in subsection (1.1) , is granted in fee simple under this Act, the Minister of Indian Affairs and Northern Development has the administration of any property and rights that are reserved from the grant by virtue of subsection (1) or (1.1), as the case may be . Administration of reserved property (3) If an interest other than the fee simple in any federal real property in the Northwest Territories or Nunavut or, in Yukon, in any federal real property that is described in subsection (1.1) , that is under the administration of a Minister is granted under this Act, that Minister retains the administration of such property and rights as are reserved from the grant by virtue of subsection (1) or (1.1), as the case may be . R.S., c. F-11 1999, c. 3, s. 63 Financial Administration Act 172. Paragraph 118(2)(e) of the English version of the Financial Administration Act is replaced by the following: (e) in Yukon or the Northwest Territories, the Supreme Court, and in Nunavut, the Nunavut Court of Justice. R.S., c. F-14 Fisheries Act 1992, c. 51, s. 50 173. Paragraph (d) of the definition ‘‘judge’’ in section 74 of the Fisheries Act is replaced by the following: (d) in the Provinces of Nova Scotia, British Columbia and Newfoundland, Yukon and the Northwest Territories, a judge of the Supreme Court, and 2001-2002 R.S., c. G-5 Yuko Government Employees Compensation Act 1993, c. 28, s. 78 (Sch. III, s. 63) 174. Subsection 5(1) of the Government Employees Compensation Act is replaced by the following: Yukon and Northwest Territories 5. (1) Where an employee is usually employed in Yukon or the Northwest Territories, the employee shall for the purposes of this Act be deemed to be usually employed in the Province of Alberta. 1992, c. 53 Gwich’in Land Claim Settlement Act 175. The first paragraph of the preamble to the English version of the Gwich’in Land Claim Settlement Act is replaced by the following: WHEREAS the Gwich’in, from time immemorial, have traditionally used and occupied lands in Yukon and the Northwest Territories; 176. Paragraphs 7(b) and (c) of the English version of the Act are replaced by the following: (b) the regional offices of the Department of Indian Affairs and Northern Development that are situated in Yukon and the Northwest Territories; (c) the legislative libraries of the Government of Yukon and the Government of the Northwest Territories; and R.S., c. 24 (3rd Supp.), Part III 1993, c. 28, s. 78 (Sch. III, s. 66) Hazardous Materials Information Review Act 177. Paragraph 28(2)(e) of the English version of the Hazardous Materials Information Review Act is replaced by the following: (e) not fewer than four and not more than thirteen governors to represent the governments of the ten provinces, the Government of Yukon, the Government of the Northwest Territories and the Government of Nunavut, appointed after consultation by the Minister with each of those governments. �� 1990, c. 41 C. 7 Yuko Hibernia Development Project Act 178. The definition ‘‘federal laws’’ in subsection 2(1) of the Hibernia Development Project Act is replaced by the following: ‘‘federal laws’’ « lois fédérales » ‘‘federal laws’’ includes Acts of Parliament, regulations as defined in section 2 of the Interpretation Act and any other rules of law within the jurisdiction of Parliament, and any provision of those Acts, regulations or rules of law, but does not include ordinances within the meaning of the Northwest Territories Act or laws of the Legislature of Yukon or of the Legislature for Nunavut; R.S., c. H-4 Historic Sites and Monuments Act 1993, c. 28, s. 78 (Sch. III, s. 67(2)) 179. Paragraph 4(1)(d) of the Historic Sites and Monuments Act is replaced by the following: (d) two representatives for each of Ontario and Quebec, one representative for each of the other provinces, and one representative for each of Yukon, the Northwest Territories and Nunavut, to be appointed by the Governor in Council. R.S., c. I-2 Immigration Act 1999, c. 3, s. 67 180. Paragraph (e) of the definition ‘‘judge’’ in subsection 93.1(9) of the Immigration Act is replaced by the following: (e) in Yukon and the Northwest Territories, a judge of the Supreme Court, and in Nunavut, a judge of the Nunavut Court of Justice. 1999, c. 3, s. 68 181. Paragraph (e) of the definition ‘‘judge’’ in subsection 102.2(9) of the Act is replaced by the following: (e) in Yukon and the Northwest Territories, a judge of the Supreme Court, and in Nunavut, a judge of the Nunavut Court of Justice. 2001-2002 R.S., c. I-3 Yuko Importation of Intoxicating Liquors Act 182. The definition ‘‘province’’ in section 2 of the Importation of Intoxicating Liquors Act is replaced by the following: ‘‘province’’ « province » ‘‘province’’ means any province other than Yukon in which there is in force an Act giving the government of the province or any board, commission, officer or other governmental agency control over the sale of intoxicating liquor in that province . R.S., c. I-5 Indian Act 1992, c. 51, s. 54 183. Paragraph 14.3(5)(d) of the Indian Act is replaced by the following: (d) in the Province of Nova Scotia or British Columbia, in Yukon or in the Northwest Territories, before the Supreme Court; or 184. Paragraph 114(1)(b) of the Act is replaced by the following: (b) the Commissioner of Yukon; R.S., c. I-8 Industrial and Regional Development Act 1993, c. 28, s. 78 (Sch. III, s. 78) 185. The definition ‘‘province’’ in section 2 of the English version of the Industrial and Regional Development Act is replaced by the following: ‘‘province’’ « province » ‘‘province’’ does not include Yukon, the Northwest Territories or Nunavut. 1993, c. 28, s. 78 (Sch. III, s. 79) 186. Subparagraph 3(2)(b)(ii) of the English version of the Act is replaced by the following: (ii) Yukon, the Northwest Territories and Nunavut; 1991, c. 47 Insurance Companies Act 1999, c. 3, s. 70 187. Paragraph (f) of the definition ‘‘court’’ in subsection 2(1) of the English version of the Insurance Companies Act is replaced by the following: (f) in Yukon and the Northwest Territories, the Supreme Court, and in Nunavut, the Nunavut Court of Justice; �� R.S., c. I-21 C. 7 Yuko Interpretation Act 1993, c. 28, s. 78 (Sch. III, s. 82(1)); 1995, c. 39, s. 174; 1998, c. 15, s. 28 188. (1) The definitions ‘‘Act’’, ‘‘ ‘‘legislative assembly’’, ‘‘legislative council’’ or ‘‘legislature’’ ’’, ‘‘lieutenant governor’’, ‘‘lieutenant governor in council’’, ‘‘province’’ and ‘‘territory’’ in subsection 35(1) of the Interpretation Act are replaced by the following: ‘‘Act’’ « loi provinciale » ‘‘Act’’, as meaning an Act of a legislature, includes an ordinance of the Northwest Territories and a law of the Legislature of Yukon or of the Legislature for Nunavut; ‘‘legislative assembly’’, ‘‘legislative council’’ or ‘‘legislature’’ « législature », « assemblée législative » ou « conseil législatif » ‘‘legislative assembly’’, ‘‘legislative council’’ or ‘‘legislature’’ includes the Lieutenant Governor in Council and the Legislative Assembly of the Northwest Territories, as constituted before September 1, 1905, the Legislature of Yukon, the Commissioner in Council of the Northwest Territories, and the Legislature for Nunavut; ‘‘lieutenant governor’’ « lieutenantgouverneur » ‘‘lieutenant governor’’ means the lieutenant governor or other chief executive officer or administrator carrying on the government of the province indicated by the enactment, by whatever title that officer is designated, and in Yukon, the Northwest Territories and Nunavut means the Commissioner; ‘‘lieutenant governor in council’’ « lieutenantgouverneur en conseil » ‘‘lieutenant governor in council’’ means the lieutenant governor acting by and with the advice of, by and with the advice and consent of, or in conjunction with, the executive council of the province indicated by the enactment, and in Yukon, means the Commissioner of Yukon acting with the consent of the Executive Council of Yukon and, in the Northwest Territories and Nunavut, means the Commissioner; ‘‘province’’ « province » ‘‘province’’ means a province of Canada, and includes Yukon, the Northwest Territories and Nunavut; ‘‘territory’’ « territoires » ‘‘territory’’ means Yukon, the Northwest Territories and Nunavut; (2) Paragraph (g) of the definition ‘‘standard time’’ in subsection 35(1) of the Act is replaced by the following: 2001-2002 Yuko (g) in relation to Yukon, Yukon standard time, being nine hours behind Greenwich time; 1999, c. 3, s. 71 (3) Paragraph (e) of the definition ‘‘superior court’’ in subsection 35(1) of the English version of the Act is replaced by the following: (e) the Supreme Court of Yukon, the Supreme Court of the Northwest Territories and the Nunavut Court of Justice, R.S., c. J-1 Judges Act 189. The portion of subsection 22(1) of the Judges Act before paragraph (a) is replaced by the following: Supreme Court of Yukon 22. (1) The yearly salaries of the judges of the Supreme Court of Yukon are as follows: 2001, c. 7, s. 19(1) 190. (1) Subsection 27(2) of the Act is replaced by the following: Additional allowance for northern judges (2) On and after April 1, 2000, there shall be paid to each judge of the Supreme Court of Yukon, the Supreme Court of the Northwest Territories and the Nunavut Court of Justice who is in receipt of a salary under this Act, in addition to the allowance provided by subsection (1), a non-accountable yearly allowance of $12,000 as compensation for the higher cost of living in the territories. 1999, c. 3, s. 73(2); 2000, c. 12, s. 168 (2) Subsection 27(6) of the Act is replaced by the following: Representational allowance (6) A chief justice or chief judge, a puisne judge of the Supreme Court of Canada, the Chief Justice of the Court of Appeal of Yukon, the Chief Justice of the Court of Appeal of the Northwest Territories, the Chief Justice of the Court of Appeal of Nunavut, the senior judge of the Supreme Court of Yukon, the senior judge of the Supreme Court of the Northwest Territories and the senior judge of the Nunavut Court of Justice are entitled to be paid, as a representational allowance, reasonable travel and other expenses actually incurred by the justice or judge or the spouse or common-law partner of the justice or judge in discharging the special extra-judicial obligations and responsibilities that devolve on the justice or �� C. 7 Yuko judge, to the extent that those expenses may not be reimbursed under any other provision of this Act and their aggregate amount does not exceed in any year the maximum amount indicated in respect of each office in subsection (7). 2001, c. 7, s. 19(2) (3) Paragraph 27(7)(e) of the English version of the Act is replaced by the following: (e) The senior judge of the Supreme Court of Yukon, the senior judge of the Supreme Court of the Northwest Territories and the senior judge of the Nunavut Court of Justice, each . . . . . . . . . . . . . . . . . $10,000 2001, c. 7, s. 19(2) (4) Paragraph 27(7)(g) of the Act is replaced by the following: (g) The Chief Justice of the Court of Appeal of Yukon, the Chief Justice of the Court of Appeal of the Northwest Territories and the Chief Justice of the Court of Appeal of Nunavut, each . . . . . . . . . . . . . . . $10,000 1999, c. 3, s. 73(4) (5) The definition ‘‘senior judge’’ in subsection 27(9) of the Act is replaced by the following: ‘‘senior judge’’ « juge principal » ‘‘senior judge’’ of the Supreme Court of Yukon, of the Supreme Court of the Northwest Territories or of the Nunavut Court of Justice means the judge with the earlier date of appointment to the court in question or, in the case of more than one judge appointed on the same day, means the judge that the Governor in Council may designate as the senior judge. 1999, c. 3, s. 74(1) 191. (1) Paragraph 29(3)(b) of the Act is replaced by the following: (b) in the case of a supernumerary judge of the Supreme Court of Yukon, of the Supreme Court of the Northwest Territories or of the Nunavut Court of Justice, by the senior judge of that Court. 1993, c. 28, s. 78 (Sch. III, s. 85(2)); 1999, c. 3, s. 74(2) (2) Subsections 29(5) and (6) of the Act are replaced by the following: 2001-2002 Yuko Reference to attorney general of a province (5) In this section, a reference to the attorney general of a province shall be construed in relation to Yukon, the Northwest Territories and Nunavut as a reference to the Commissioner of that territory. Definition of ‘‘senior judge’’ (6) In this section, ‘‘senior judge’’ of the Supreme Court of Yukon, of the Supreme Court of the Northwest Territories or of the Nunavut Court of Justice means the judge with the earlier date of appointment to the court in question or, in the case of more than one judge appointed on the same day, means the judge that the Governor in Council may designate as the senior judge. 1993, c. 28, s. 78 (Sch. III, s. 86) 192. Subsection 33(2) of the Act is replaced by the following: Reference to attorney general of a province (2) In this section, a reference to the attorney general of a province shall be construed in relation to Yukon, the Northwest Territories and Nunavut as a reference to the Commissioner of that territory. 1999, c. 3, s. 75(1); 2000, c. 12, s. 160(1) 193. (1) Paragraphs 40(1)(c) and (d) of the Act are replaced by the following: (c) a judge of the Supreme Court of Yukon, the Supreme Court of the Northwest Territories or the Nunavut Court of Justice who, within two years after retiring or resigning from that office, moves to a place of residence in one of the ten provinces or to another territory; (d) a survivor or child, as defined in subsection 47(1), of a judge of the Supreme Court of Yukon, the Supreme Court of the Northwest Territories or the Nunavut Court of Justice who dies while holding office as such, where the survivor or child lives with the judge at the time of the judge’s death and, within two years after the death, moves to a place of residence in one of the ten provinces or to another territory; 1999, c. 3, s. 75(2) (2) Subsection 40(1.1) of the Act is replaced by the following: �� C. 7 Yuko Limitation (1.1) Paragraphs (1)(c) and (d) apply only in respect of a judge who resided in one of the ten provinces or in another territory at the time of appointment to the Supreme Court of Yukon, the Supreme Court of the Northwest Territories or the Nunavut Court of Justice, as the case may be. 1999, c. 3, s. 76 194. Subsection 54(4) of the Act is replaced by the following: Definition of ‘‘senior judge’’ (4) In this section, ‘‘senior judge’’, in respect of the Supreme Court of Yukon, the Supreme Court of the Northwest Territories or the Nunavut Court of Justice, means the judge with the earliest date of appointment to the Court in question or, in the case of more than one judge appointed on the same day, means the judge that the Governor in Council may designate as the senior judge. 1999, c. 3, s. 77(1) 195. Paragraph 59(1)(c) of the Act is replaced by the following: (c) the senior judges, as defined in subsection 22(3), of the Supreme Court of Yukon, the Supreme Court of the Northwest Territories and the Nunavut Court of Justice; 1993, c. 41 Land Titles Repeal Act 196. Section 2 of the Land Titles Repeal Act is replaced by the following: Definition of ‘‘Territory’’ 2. In this Act, ‘‘Territory’’ means Yukon or the Northwest Territories, as the case may require. 197. Subparagraph 3(2)(c)(ii) of the Act is replaced by the following: (ii) in the case of Yukon, provisions having the same effect as sections 55 and 56 of that Act, 198. Section 4 of the Act is replaced by the following: Restriction 4. (1) Notwithstanding any other Act of Parliament, the Commissioner in Council of the Northwest Territories and the Legislature of Yukon may not, without the approval of the Governor in Council, repeal, amend or otherwise render inoperable any provision described in paragraph 3(2)(c). 2001-2002 Nunavut Yuko (2) The restriction set out in subsection (1) applies to the Legislature for Nunavut in respect of those provisions of its laws that correspond to the provisions described in subparagraphs 3(2)(c)(i), (iii) and (iv). 199. Subsection 5(1) of the Act is replaced by the following: Certificate as evidence against the Crown 5. (1) Subject to subsection (2), the land titles ordinance or the law of the Legislature of Yukon or for Nunavut that serves the purpose of the ordinance may provide that a certificate of title granted under the ordinance or law is conclusive evidence in all courts as against Her Majesty, subject to the same exceptions as were contained in the Land Titles Act as it read immediately before it was repealed in respect of the Territory. R.S., c. L-10 Livestock Feed Assistance Act 1993, c. 28, s. 78 (Sch. III, s. 106) 200. The long title of the English version of the Livestock Feed Assistance Act is replaced by the following: An Act to provide assistance to livestock feeders in Eastern Canada, British Columbia, Yukon, the Northwest Territories and Nunavut 1993, c. 28, s. 78 (Sch. III, s. 107) 201. The definition ‘‘livestock feeder’’ in subsection 2(1) of the English version of the Act is replaced by the following: ‘‘livestock feeder’’ « éleveur » ‘‘livestock feeder’’ means a person who raises livestock in Eastern Canada, British Columbia, Yukon, the Northwest Territories or Nunavut; 1993, c. 28, s. 78 (Sch. III, s. 108) 202. Paragraphs 5(c) and (d) of the English version of the Act are replaced by the following: (c) reasonable stability in the price of feed grain in Eastern Canada, British Columbia, Yukon, the Northwest Territories and Nunavut; and (d) fair equalization of feed grain prices in Eastern Canada, British Columbia, Yukon, the Northwest Territories and Nunavut. �� C. 7 Yuko 1993, c. 28, s. 78 (Sch. III, s. 108.1); 1998, c. 15, s. 33 203. Paragraph 6(e) of the English version of the Act is replaced by the following: 1993, c. 28, s. 78 (Sch. III, s. 109) 204. Paragraph 19(a) of the English version of the Act is replaced by the following: (e) by order served personally or by registered mail, require any person engaged in the business of storing, handling or shipping feed grain in Eastern Canada, British Columbia, Yukon, the Northwest Territories or Nunavut, or any livestock feeder, to furnish in writing to the Minister within any reasonable time that may be stipulated in the order, information relating to feed grain consumption, storage, handling, shipping or pricing in Eastern Canada, British Columbia, Yukon, the Northwest Territories or Nunavut; and (a) prescribing, with respect to payments related to the cost of feed grain storage and with respect to payments related to the cost of feed grain transportation, the classes of persons to whom and the terms and conditions on which such payments may be made and the rate of such payments within each of such areas within Eastern Canada, British Columbia, Yukon, the Northwest Territories and Nunavut as may be prescribed by the regulations; 1998, c. 25 Mackenzie Valley Resource Management Act 2000, c. 32, s. 50 205. The definition ‘‘Mackenzie Valley’’ in section 2 of the English version of the Mackenzie Valley Resource Management Act is replaced by the following: ‘‘Mackenzie Valley’’ « vallée du Mackenzie » ‘‘Mackenzie Valley’’ means that part of the Northwest Territories bounded on the south by the 60th parallel of latitude, on the west by Yukon, on the north by the Inuvialuit Settlement Region, as defined in the Agreement given effect by the Western Arctic (Inuvialuit) Claims Settlement Act, and on the east by the Nunavut Settlement Area, as defined in the Nunavut Land Claims Agreement Act, but does not include Wood Buffalo National Park of Canada. 2001-2002 Yuko 1998, c. 15, par. 48(d) 206. (1) Subsection 141(1) of the English version of the Act is replaced by the following: Environmental assessment 141. (1) In relation to a development that is proposed to be carried out partly in the Mackenzie Valley and partly in a region of the Northwest Territories, Yukon or Nunavut adjacent to the Mackenzie Valley, or partly in a province, as the case may be, the Review Board shall to the extent possible coordinate its environmental assessment functions with the functions of any authority responsible for the examination of environmental effects of the development in that region or province. 1998, c. 15, par. 48(e) (2) Subsection 141(3) of the English version of the Act is replaced by the following: Aboriginal representation (3) Where a review panel referred to in paragraph (2)(a) is established in relation to a development to be carried out partly in a region of the Northwest Territories, Yukon or Nunavut, at least one quarter of its members, excluding the chairperson, must be appointed on the nomination of first nations and other aboriginal groups affected by the proposed development. 1998, c. 15, par. 48(f) 207. Section 142 of the English version of the Act is replaced by the following: Transregional impact 142. Where a development proposed to be carried out wholly in a region of the Northwest Territories, Yukon or Nunavut adjacent to the Mackenzie Valley, or wholly in a province, might have a significant adverse impact on the environment in the Mackenzie Valley, the Review Board may, with the approval of the federal Minister, enter into an agreement with the authority responsible for the examination of the environmental effects of such developments in that region or province to provide for the participation of the Review Board in the examination of the environmental effects of the development by that authority. �� R.S., c. M-9 1993, c. 28, s. 78 (Sch. III, s. 110) C. 7 Yuko Motor Vehicle Fuel Consumption Standards Act 208. Paragraph 36(4)(a) of the Motor Vehicle Fuel Consumption Standards Act is replaced by the following: (a) the Minister may order notice to be given by publication in the prescribed form for a period of five consecutive days in two major daily newspapers in each of the six regions of Canada, namely, the Atlantic provinces, Quebec, Ontario, the Prairie provinces, British Columbia, and the three territories, or by an alternative medium for any period that the Minister deems expedient, and the notice is deemed to be notice given in the manner prescribed for the purpose of subsection (1); or R.S., c. 30 (4th Supp.) Mutual Legal Assistance in Criminal Matters Act 1999, c. 3, s. 80 209. Paragraph (d) of the definition ‘‘judge’’ in subsection 2(1) of the English version of the Mutual Legal Assistance in Criminal Matters Act is replaced by the following: (d) in Nova Scotia, British Columbia, Newfoundland, Yukon and the Northwest Territories, a judge of the Supreme Court, and in Nunavut, a judge of the Nunavut Court of Justice; R.S., c. N-7 National Energy Board Act 1994, c. 43, s. 87 210. Subsection 78.1(1) of the National Energy Board Act is replaced by the following: 78.1 (1) No company shall, if the Yukon first nation concerned does not consent to it , take possession of or occupy settlement land as defined in section 2 of the Yukon First Nations Land Claims Settlement Act or lands identified as such in a self-government agreement as defined in the Yukon First Nations Self-Government Act without the consent of the Governor in Council. Settlement land 1994, c. 43, s. 89 211. Section 97.1 of the Act is replaced by the following: 2001-2002 Yuko Regulatory powers re settlement land or Tetlit Gwich’in Yukon land 97.1 The Governor in Council may, by regulation, designate the provisions of the laws of the Legislature of Yukon that apply where an Arbitration Committee is appointed to determine a compensation matter involving land referred to in section 78.1. Those provisions apply to the Committee as if it were the body established under those laws having jurisdiction with respect to surface rights. R.S., c. N-26 Northern Pipeline Act 212. The definition ‘‘Agreement’’ in subsection 2(1) of the English version of the Northern Pipeline Act is replaced by the following: ‘‘Agreement’’ « Accord » ‘‘Agreement’’ means the Agreement between Canada and the United States dated September 20, 1977, set out in Schedule I, and includes any exchange of notes between Canada and the United States amending Annex III of the Agreement to give effect to a report of the Board, dated February 17, 1978, in which the Board indicated it would include in its decision approving, pursuant to this Act, pipeline specifications, a requirement for a fifty-six inch diameter pipe with a maximum allowable operating pressure of 1,080 psi for that portion of the pipeline between Whitehorse, Yukon and Caroline, Alberta; 213. Paragraph 4(d) of the Act is replaced by the following: (d) to facilitate, in relation to the pipeline, consultation and coordination with the governments of the provinces, Yukon and the Northwest Territories; 214. Paragraphs 10(b) and (c) of the Act are replaced by the following: (b) hold consultations with the governments of the provinces, Yukon and the Northwest Territories to coordinate and review the activities of the Agency and those governments in relation to the pipeline; (c) enter into such agreements with the government of a province, or with the government of Yukon or the Northwest Territories after consultation with the Leg�� C. 7 Yuko islature of Yukon or the Commissioner in Council of the Northwest Territories, as may be necessary to facilitate the attainment of the objects of this Act and to provide for coordination and review of the activities of the Agency and those governments in relation to the pipeline; 215. (1) Paragraph 18(1)(a) of the Act is replaced by the following: (a) the Commissioner and a representative of Yukon named by the Governor in Council on the recommendation of the Legislature of Yukon; and (2) Subsection 18(2) of the Act is replaced by the following: Meeting and objects (2) The Council established under subsection (1) shall meet at least once every three months at such places in Canada as may be determined by the Council to consult on and to facilitate the coordination of the actions of the Agency, the governments of the provinces referred to in paragraph (1)(b), the government of Yukon and other governmental bodies in relation to the pipeline, and in particular with a view to ensuring a consistent approach in so far as is possible relating to the pipeline. 216. Subsection 19(2) of the Act is replaced by the following: Yukon Advisory Council (2) One of the advisory councils established under subsection (1) shall be the Yukon Advisory Council with members representative of areas and interests, including native interests, in Yukon. 1991, c. 50, s. 34 217. (1) Subsections 37(1) and (2) of the Act are replaced by the following: Commissioner’s lands 37. (1) If the Governor in Council is of the opinion that lands in Yukon are required temporarily or otherwise for the construction, maintenance or operation of the pipeline including, without limiting the generality of the foregoing, lands required for camps, roads and other related works, the Governor in Council may, by order, after consultation with the member of the Executive Council of Yukon who is responsible for the lands, take the administration and control of them from the Commissioner and transfer the administration of those lands to the Minister. 2001-2002 Yuko Company to provide plans of lands required (2) Foothills Pipe Lines (South Yukon) Ltd. shall provide the Minister with a copy of all plans, profiles and books of reference certified by the designated officer pursuant to subsection 7(2) showing the real property in Yukon vested in Her Majesty in right of Canada that are required to permit construction of the pipeline. 1998, c. 14, par. 101(1)(b)(F) (2) Subsection 37(4) of the Act is replaced by the following: Company to file plan of survey (4) Within two years after leave to open the last section or part of the pipeline has been given by the Board or any further period, not exceeding six months, that the Governor in Council may approve, Foothills Pipe Lines (South Yukon) Ltd. shall send to the Surveyor General at Ottawa a plan of survey under Part II of the Canada Lands Surveys Act, for confirmation by the Surveyor General under that Act, as an official plan in respect of lands in Yukon vested in Her Majesty in right of Canada required for the maintenance and operation of the pipeline. 218. The portion of item 20 of Schedule III to the Act before paragraph (a) is replaced by the following: 20. The company shall, in implementing paragraph 3(b) of the Agreement, construct laterals from the pipeline and make arrangements for the supply of gas to remote communities in Yukon and the provinces through which the pipeline passes where the communities can be economically served and have applied to the appropriate authority for such service and that authority has approved such application, except that in Yukon, Foothills Pipe Lines (South Yukon) Ltd. shall make a financial contribution in respect of providing gas R.S., c. N-27 Northwest Territories Act 1993, c. 28, s. 77 219. The definition ‘‘Territories’’ in section 2 of the English version of the Northwest Territories Act is replaced by the following: ‘‘Territories’’ « territoires » ‘‘Territories’’ means the Northwest Territories, which comprise all that part of Canada �� C. 7 Yuko north of the sixtieth parallel of north latitude and west of the boundary described in Schedule I to the Nunavut Act that is not within Yukon. 1999, c. 3, s. 11 220. Section 34 of the Act is replaced by the following: Ex officio judges 34. A judge, other than a deputy judge, of the Supreme Court of Yukon or of the Nunavut Court of Justice is ex officio a judge of the Supreme Court of the Northwest Territories. R.S., c. A-16; 1997, c. 9, s. 89 Nuclear Energy Act 1994, c. 43, s. 81 221. Subsection 10(2) of the Nuclear Energy Act is replaced by the following: Exception (2) No interest in settlement land as defined in section 2 of the Yukon First Nations Land Claims Settlement Act or land identified as such in a self-government agreement as defined in the Yukon First Nations Self-Government Act may be expropriated under subsection (1) without the approval of the Governor in Council. 1993, c. 28 Nunavut Act 1999, c. 3, s. 3 222. Section 32 of the Nunavut Act is replaced by the following: Ex officio judges 32. A judge, other than a deputy judge, of the Supreme Court of Yukon and of the Supreme Court of the Northwest Territories is ex officio a judge of the Nunavut Court of Justice. 1996, c. 31 Oceans Act 1993, c. 28, s. 78 (Sch. III, s. 115); 1998, c. 15, s. 35 223. The definition ‘‘federal laws’’ in section 2 of the Oceans Act is replaced by the following: ‘‘federal laws’’ « droit » ‘‘federal laws’’ includes Acts of Parliament, regulations as defined in subsection 2(1) of the Interpretation Act and any other rules of law within the jurisdiction of Parliament, but does not include ordinances within the meaning of the Northwest Territories Act or laws of the Legislature of Yukon or of the Legislature for Nunavut; 2001-2002 R.S., c. 31 (4th Supp.) 1993, c. 28, s. 78 (Sch. III, s. 116) Yuko Official Languages Act 224. Paragraph (i) of the definition ‘‘federal institution’’ in subsection 3(1) of the Official Languages Act is replaced by the following: (i) any institution of the Council or government of the Northwest Territories or of the Legislative Assembly or government of Yukon or Nunavut, or 1993, c. 28, s. 78 (Sch. III, s. 117) 225. Paragraph 7(3)(a) of the Act is replaced by the following: (a) an ordinance of the Northwest Territories or a law made by the Legislature of Yukon or the Legislature for Nunavut, or any instrument made under any such ordinance or law , or R.S., c. 32 (2nd Supp.) 1993, c. 28, s. 78 (Sch. III, s. 120) Pension Benefits Standards Act, 1985 226. Paragraph 4(4)(i) of the Pension Benefits Standards Act, 1985 is replaced by the following: (i) any work, undertaking or business outside the exclusive legislative authority of provincial legislatures, and any work, �� C. 7 Yuko undertaking or business of a local or private nature in Yukon, the Northwest Territories or Nunavut. R.S., c. P-21 Privacy Act 1994, c. 43, s. 91 227. The schedule to the Privacy Act is amended by striking out the following under the heading ‘‘Other Government Institutions’’: Yukon Surface Rights Board Office des droits de surface du Yukon 228. The schedule to the Act is amended by striking out the following under the heading ‘‘Other Government Institutions’’: Yukon Territory Water Board Office des eaux du territoire du Yukon R.S., c. P-33 1993, c. 28, s. 78 (Sch. III, s. 123) Definition of ‘‘candidate’’ Public Service Employment Act 229. Section 32 of the Public Service Employment Act is replaced by the following: 32. For the purposes of sections 33 and 34, ‘‘candidate’’ means a candidate for election as a member of the House of Commons, a member of the legislature of a province, a member of the Council of the Northwest Territories or a member of the Legislative Assembly of Yukon or Nunavut. 1993, c. 28, s. 78 (Sch. III, s. 124(E)) 230. Subsection 33(5) of the English version of the Act is replaced by the following: Effect of election (5) An employee who is declared elected as a member of the House of Commons, of the legislature of a province, of the Council of the Northwest Territories or of the Legislative Assembly of Yukon or Nunavut ceases to be an employee on that declaration . 2001-2002 R.S., c. P-35 Yuko Public Service Staff Relations Act 1993, c. 28, s. 78 (Sch. III, s. 125) 231. Subsection 13(3) of the Public Service Staff Relations Act is replaced by the following: Eligibility (3) Notwithstanding paragraph (1)(c), a person is not ineligible to hold office as a member of the Board by reason only of holding office as a member of any board that may be constituted by the Commissioner in Council of the Northwest Territories, the Legislature of Yukon or the Legislature for Nunavut with powers and duties similar to those of the Board. R.S., c. P-36 Public Service Superannuation Act 232. Part II of Schedule I to the Public Service Superannuation Act is amended by replacing the expression ‘‘Employees of the Government of the Yukon Territory’’ with the expression ‘‘Employees of the Government of Yukon’’. R.S., c. R-2 Radiocommunication Act 1994, c. 43, s. 92 233. Subsections 7(4) and (5) of the Radiocommunication Act are replaced by the following: Exception (4) Notwithstanding subsection (3), any dispute as to the compensation to be paid for the taking of possession of a radio station on settlement land as defined in section 2 of the Yukon First Nations Land Claims Settlement Act, land identified as such in a self-government agreement as defined in the Yukon First Nations Self-Government Act or on Tetlit Gwich’in Yukon land may be heard and determined only by the body established under the laws of the Legislature of Yukon having jurisdiction with respect to surface rights and in accordance with those laws . Settlement land (5) If the Yukon first nation concerned does not consent to it , no interest in settlement land as defined in section 2 of the Yukon First Nations Land Claims Settlement Act or identified as such in a self-government agreement as defined in the Yukon First Nations Self-Government Act may be taken possession of under �� C. 7 Yuko this section without the consent of the Governor in Council. R.S., c. 32 (4th Supp.) Railway Safety Act 1999, c. 3, s. 82 234. Paragraph (e) of the definition ‘‘superior court’’ in subsection 4(1) of the English version of the Railway Safety Act is replaced by the following: (e) in Yukon and the Northwest Territories, the Supreme Court, and in Nunavut, the Nunavut Court of Justice; R.S., c. R-10 Royal Canadian Mounted Police Act 1993, c. 28, s. 78 (Sch. III, s. 130) 235. Paragraphs 24(a) and (b) of the English version of the Royal Canadian Mounted Police Act are replaced by the following: (a) that any personal property that has, in Yukon, the Northwest Territories or Nunavut, come into the hands of any member in the course of the member’s duties has been abandoned by the owner of it or the person entitled to it , or (b) that a reasonable attempt has been made to find the owner of or person entitled to any personal property that has, in Yukon, the Northwest Territories or Nunavut, come into the hands of any member in the course of the member’s duties, but the owner or person cannot be found, R.S., c. S-22 1993, c. 28, s. 78 (Sch. III, s. 131); 1998, c. 15, s. 38 Statutory Instruments Act 236. Subparagraph (b)(iv) of the definition ‘‘statutory instrument’’ in subsection 2(1) of the Statutory Instruments Act is replaced by the following: (iv) an ordinance of the Northwest Territories, a law made by the Legislature of Yukon or the Legislature for Nunavut, a rule made by the Legislative Assembly of Yukon under section 16 of the Yukon Act or by the Legislative Assembly of Nunavut under section 21 of the Nunavut Act or any instrument issued, made or established under any such ordinance, law or rule. 2001-2002 R.S., c. S-26 Yuko Supreme Court Act 1993, c. 28, s. 78 (Sch. III, s. 133) 237. Subsection 2(2) of the English version of the Supreme Court Act is replaced by the following: Application to the territories (2) For the purposes of this Act, the expression ‘‘highest court of final resort in a province’’ includes, in Yukon, the Northwest Territories or Nunavut, the Court of Appeal of that territory . R.S., c. T-7 1993, c. 28, s. 78 (Sch. III, s. 135) Territorial Lands Act 238. The long title of the Territorial Lands Act is replaced by the following: An Act respecting Crown lands in the Northwest Territories and Nunavut 239. (1) The definition ‘‘timber’’ in section 2 of the Act is repealed. 1993, c. 28, s. 78 (Sch. III, s. 136) (2) The definition ‘‘territorial lands’’ in section 2 of the Act is replaced by the following: ‘‘territorial lands’’ « terres territoriales » ‘‘territorial lands’’ means lands, or any interest in lands, in the Northwest Territories or Nunavut that are vested in the Crown or of which the Government of Canada has power to dispose; 1993, c. 28, s. 78 (Sch. III, s. 137); 2000, c. 32, s. 66 240. Subsections 3(2) to (4) of the Act are replaced by the following: Application of certain sections (2) Sections 9 and 12 to 16 and paragraph 23(k) apply to territorial lands under the administration and control of the Commissioner of the Northwest Territories or of the Commissioner of Nunavut. Application of certain Acts (3) Nothing in this Act shall be construed as limiting the operation of the Dominion Water Power Act or the Canada National Parks Act. 1993, c. 28, s. 78 (Sch. III, s. 138) 241. Section 4 of the Act is replaced by the following: �� C. 7 Yuko Land management zones 4. Subject to section 6, the Governor in Council may, where the Governor in Council deems it necessary for the protection of the ecological balance or physical characteristics of any area in the Northwest Territories or Nunavut, set apart and appropriate any territorial lands in that area as a land management zone. 1993, c. 28, s. 78 (Sch. III, s. 139) 242. Section 6 of the Act is replaced by the following: Consultation with territories 6. The powers mentioned in sections 4 and 5 may be exercised by the Governor in Council only after consultation with the Council of the Northwest Territories or the Legislative Assembly of Nunavut, as the case may be, where the Governor in Council deems the consultation to be practicable or, otherwise, after consultation with each of the members of that Council or Legislative Assembly with whom consultation can then be effected. 1993, c. 41, s. 14(1) 243. (1) Subsection 9(1) of the Act is replaced by the following: Interpretation 9. (1) In this section, the expressions ‘‘registrar’’ and ‘‘certificate of title’’ have the meanings assigned by any ordinance of the Northwest Territories or any law of the Legislature for Nunavut in respect of title to real property . 1993, c. 28, s. 78 (Sch. III, s. 140) (2) Paragraph 9(3)(b) of the Act is replaced by the following: (b) in the case of territorial lands described in subsection 3(2), by the Commissioner of the Northwest Territories if the lands are in the Northwest Territories or by the Commissioner of Nunavut if the lands are in Nunavut. 1993, c. 28, s. 78 (Sch. III, s. 141); 1998, c. 15, s. 40 244. Paragraph 13(c) of the English version of the Act is replaced by the following: (c) to the boundary line between Yukon and Alaska, or between Yukon and the Northwest Territories, or between the Northwest Territories and Nunavut or between Yukon, the Northwest Territories or Nunavut and the Province of Manitoba, Saskatchewan, Alberta or British Columbia. 2001-2002 Yuko 245. The heading before section 17 and sections 17 and 18 of the Act are repealed. 246. (1) Paragraph 23(e) of the Act is replaced by the following: (e) set apart and appropriate territorial lands for use as game preserves, game sanctuaries, bird sanctuaries, public shooting grounds, public resorts or for any other similar public purpose; 1992, c. 1, s. 144(1) (Sch. VII, s. 50(1)) (F) (2) Paragraph 23(g) of the Act is replaced by the following: (g) divide territorial lands into mining districts and land districts; 247. Subsection 30(2) of the Act is repealed. 1991, c. 45 Trust and Loan Companies Act 1999, c. 3, s. 84 248. Paragraph (f) of the definition ‘‘court’’ in section 2 of the English version of the Trust and Loan Companies Act is replaced by the following: (f) in Yukon and the Northwest Territories, the Supreme Court, and in Nunavut, the Nunavut Court of Justice; 1984, c. 24 Western Arctic (Inuvialuit) Claims Settlement Act 249. The first paragraph of the preamble to the Western Arctic (Inuvialuit) Claims Settlement Act is replaced by the following: WHEREAS the Committee for Original Peoples’ Entitlement and the Government of Canada have entered into an Agreement respecting certain lands in the Northwest Territories and Yukon in and to which the Inuvialuit have claimed an interest based on traditional use and occupancy; 250. The definition ‘‘Territory’’ in section 2 of the Act is replaced by the following: ‘‘Territory’’ « Territoire » ‘‘Territory’’ means the Northwest Territories, Yukon and adjacent offshore areas, not forming part of the Northwest Territories or �� C. 7 Yuko Yukon, within the sovereignty or jurisdiction of Canada. R.S., c. W-11; 1996, c. 6, s. 134 1999, c. 3, s. 85 Winding-up and Restructuring Act 251. Paragraph (d) of the definition ‘‘court’’ in subsection 2(1) of the Windingup and Restructuring Act is replaced by the following: (d) in Yukon and the Northwest Territories, the Supreme Court, and in Nunavut, the Nunavut Court of Justice; R.S., c. Y-1 Young Offenders Act 1993, c. 28, s. 78 (Sch. III, s. 144); 1998, c. 15, s. 41 252. The definition ‘‘offence’’ in subsection 2(1) of the Young Offenders Act is replaced by the following: ‘‘offence’’ « infraction » ‘‘offence’’ means an offence created by an Act of Parliament or by any regulation, rule, order, by-law or ordinance made under it , other than an ordinance of the Northwest Territories or a law of the Legislature of Yukon or the Legislature for Nunavut; 1994, c. 34 Yukon First Nations Land Claims Settlement Act 253. The long title of the Yukon First Nations Land Claims Settlement Act is replaced by the following: An Act to approve, give effect to and declare valid land claims agreements entered into between Her Majesty the Queen in right of Canada, the Government of Yukon and certain first nations in Yukon, to provide for approving, giving effect to and declaring valid other land claims agreements entered into after this Act comes into force, and to make consequential amendments to other Acts 254. The third paragraph of the preamble to the Act is replaced by the following: 2001-2002 Yuko WHEREAS agreements may be entered into with respect to aboriginal claims to lands in British Columbia and the Northwest Territories by persons enrolled under final agreements as well as aboriginal claims to lands in Yukon by certain people outside that territory; Enforcement 255. Subsection 11(4) of the English version of the Act is replaced by the following: (4) An order or decision of the Enrollment Commission made before or after this Act comes into force may be filed in the Supreme Court of Yukon, and when so filed may be enforced as an order of that Court. 256. Paragraph 15(c) of the English version of the Act is replaced by the following: (c) such regional offices of the Government of Canada situated in Yukon as the Minister considers advisable; and 257. (1) Subsections 20(1) and (2) of the Act are repealed. (2) Subsection 20(4) of the Act is repealed. 258. Subsection 21(2) of the Act is repealed. 1994, c. 35 Yukon First Nations Self-Government Act 259. The long title of the English version of the Yukon First Nations Self-Government Act is replaced by the following: An Act respecting self-government for first nations in Yukon 260. (1) The first paragraph of the preamble to the Act is replaced by the following: WHEREAS representatives of Her Majesty the Queen in right of Canada, the Government of the Yukon Territory and the Council for Yukon Indians signed the Umbrella Final Agreement on May 29, 1993, the provisions of which are intended to be incorporated into final agreements for the settlement of land claims of first nations in Yukon; �� C. 7 Yuko (2) The third paragraph of the preamble to the English version of the Act is replaced by the following: WHEREAS those final agreements provide that Her Majesty and the Government of Yukon are to enter into negotiations with those first nations for self-government agreements appropriate to the circumstances of each of them and in accordance with the Constitution of Canada; (3) The fifth paragraph of the preamble to the English version of the Act is replaced by the following: WHEREAS other first nations of Yukon may conclude self-government agreements; 261. The definition ‘‘Yukon Government’’ in section 2 of the Act is replaced by the following: ‘‘Yukon Government’’ « gouvernement du Yukon » ‘‘Yukon Government’’ means the Commissioner of Yukon acting with the consent of the Executive Council of Yukon. 262. Paragraph 11(1)(b) of the Act is replaced by the following: (b) the power to enact laws applicable in Yukon in relation to the matters enumerated in Part II of Schedule III; and 263. Subsection 12(2) of the English version of the Act is replaced by the following: Agreements with local governments (2) Where a first nation’s self-government agreement so provides, the Yukon Government or a municipal corporation in Yukon may agree to the exercise by the first nation of any of the powers referred to in subsection (1), for which that Government or corporation has responsibility, in respect of portions of settlement land identified in the agreement. 264. Paragraph 14(a) of the Act is replaced by the following: (a) the courts of Yukon have, subject to paragraph (b), jurisdiction in respect of laws enacted by the first nation according to the respective jurisdictions of those courts under territorial laws; 2001-2002 Yuko 265. Subsection 15(1) of the Act is replaced by the following: Supreme Court of Yukon 15. (1) For greater certainty and subject to section 14, the Supreme Court of Yukon has jurisdiction in respect of any action or proceeding arising out of this Act or out of a self-government agreement of a first nation named in Schedule II. 266. Paragraphs 17(3)(a) and (b) of the Act are replaced by the following: (a) in respect of any reserve, within the meaning of that Act, of a predecessor band of the first nation situated outside Yukon, and (b) in respect of any rights, titles, interests, obligations, assets and liabilities of the predecessor band outside Yukon, 267. Paragraph 25(c) of the Act is replaced by the following: (c) such regional offices of the Government of Canada situated in Yukon as the Minister considers advisable; 268. Item 5 of Part II of Schedule III to the English version of the Act is replaced by the following: 5. Provision of training programs for citizens of the first nation, subject to applicable certification requirements of Canada or Yukon 269. Item 3 of Part IV of Schedule III to the French version of the Act is replaced by the following: 3. La mise en oeuvre de mesures prises en application d’un accord fiscal conclu entre la première nation et le gouvernement du Yukon. �� C. 7 Yuko 1994, c. 43 Yukon Surface Rights Board Act 1998, c. 5, s. 16 270. Section 65 of the Yukon Surface Rights Board Act is replaced by the following: 65. In the case of a dispute respecting access to non-settlement land between the following persons, the Board shall, on application of either person , make an order interpreting a provision described in paragraph (b) in relation to the right of access for purposes of the dispute: Order respecting interpretation (a) a person, other than Government, who has an interest or right in the surface of the land; and (b) a person, other than Government, who has, in relation to a mineral right, a right of access on the land under any provision of a law of the Legislature of Yukon identified in regulations made pursuant to paragraph 78(f) . 1998, c. 5, s. 18 271. Paragraphs 78(f) and (f.1) of the Act are replaced by the following: (f) identifying, for the purposes of section 65, any provision of a law of the Legislature of Yukon that confers a right of access for purposes of the exercise of a mineral right; COORDINATING AMENDMENTS Bill S-23 272. (1) Subsections (2) to (4) apply if Bill S-23, introduced in the 1st Session of the 37th Parliament and entitled An Act to amend the Customs Act and to make related amendments to other Acts (the ‘‘other Act’’), receives royal assent. (2) If section 75 of the other Act comes into force before section 153 of this Act, then, on the day on which this Act receives royal assent, (a) section 153 of this Act is repealed; and (b) paragraph 139.1(2)(c) of the Customs Act is replaced by the following: (c) in the Provinces of Nova Scotia and British Columbia, Yukon and the Northwest Territories, the Supreme Court; 2001-2002 Yuko (3) If section 75 of the other Act comes into force after section 153 of this Act, then, on the day on which that section 75 comes into force, paragraph 139.1(2)(c) of the Customs Act is replaced by the following: (c) in the Provinces of Nova Scotia and British Columbia, Yukon and the Northwest Territories, the Supreme Court; (4) If section 75 of the other Act and section 153 of this Act come into force on the same day, then section 75 of the other Act is deemed to have come into force after section 153 of this Act. Bill C-5 273. If Bill C-5, introduced in the 1st session of the 37th Parliament and entitled the Species at Risk Act (the ‘‘other Act’’), receives royal assent, then, on the later of the coming into force of section 2 of this Act and section 134 of the other Act, paragraph (b) of the definition ‘‘federal conservation area’’ in section 2 of this Act is replaced by the following: (b) public real property under the administration of a federal minister that is subject to measures imposed under the Canada Wildlife Act for the conservation of wildlife; or Bill C-7 274. If Bill C-7, introduced in the 1st Session of the 37th Parliament and entitled the Youth Criminal Justice Act (the ‘‘other Act’’), receives royal assent, then, on the later of the coming into force of section 199 of the other Act and section 1 of this Act, the definition ‘‘offence’’ in subsection 2(1) of the other Act is replaced by the following: ‘‘offence’’ « infraction » ‘‘offence’’ means an offence created by an Act of Parliament or by any regulation, rule, order, by-law or ordinance made under an Act of Parliament other than an ordinance of the Northwest Territories or a law of the Legislature of Yukon or the Legislature for Nunavut. �� Bill C-19 C. 7 Yuko 275. If Bill C-19, introduced in the 1st session of the 37th Parliament and entitled An Act to amend the Canadian Environmental Assessment Act (the ‘‘other Act’’), receives royal assent, then (a) on the later of the coming into force of subsection 122(1) of this Act and subsection 1(2) of the other Act, the portion of the definition ‘‘federal authority’’ in subsection 2(1) of the Canadian Environmental Assessment Act after paragraph (d) is replaced by the following: but does not include the Legislature or an agency or body of Yukon or Nunavut, the Commissioner in Council or an agency or body of the Northwest Territories, a council of the band within the meaning of the Indian Act, The Hamilton Harbour Commissioners constituted pursuant to The Hamilton Harbour Commissioners’ Act, a harbour commission established pursuant to the Harbour Commissions Act, a Crown corporation within the meaning of the Financial Administration Act, a not-for-profit corporation that enters into an agreement under subsection 80(5) of the Canada Marine Act or a port authority established under that Act; (b) on the later of the coming into force of subsection 122(2) of this Act and subsection 1(3) of the other Act, paragraph (a) of the definition ‘‘federal lands’’ in subsection 2(1) of the Canadian Environmental Assessment Act is replaced by the following: (a) lands that belong to Her Majesty in right of Canada, or that Her Majesty in right of Canada has the power to dispose of, and all waters on and airspace above those lands, other than lands under the administration and control of the Commissioner of Yukon, the Northwest Territories or Nunavut, 2001-2002 Bill C-23 Yuko 276. If Bill C-23, introduced in the 1st Session of the 37th Parliament and entitled An Act to amend the Competition Act and the Competition Tribunal Act (the ‘‘other Act’’), receives royal assent, then, on the later of the coming into force of section 1 of this Act and section 30 of the Competition Act, as enacted by section 3 of the other Act, paragraph (c) of the definition ‘‘judge’’ in section 30 of the English version of the Competition Act is replaced by the following: (c) in Nova Scotia, British Columbia, Newfoundland, Yukon and the Northwest Territories, a judge of the Supreme Court, and in Nunavut, a judge of the Nunavut Court of Justice; Bill C-30 277. If Bill C-30, introduced in the 1st Session of the 37th Parliament and entitled the Courts Administration Service Act (the ‘‘other Act’’), receives royal assent, then, on the later of the coming into force of subsection 86(2) of the other Act and subsection 190(2) of this Act, subsection 27(6) of the English version of the Judges Act is replaced by the following: Representational allowance (6) A chief justice, a puisne judge of the Supreme Court of Canada, the Chief Justice of the Court of Appeal of Yukon, the Chief Justice of the Court of Appeal of the Northwest Territories, the Chief Justice of the Court of Appeal of Nunavut, the senior judge of the Supreme Court of Yukon, the senior judge of the Supreme Court of the Northwest Territories and the senior judge of the Nunavut Court of Justice are entitled to be paid, as a representational allowance, reasonable travel and other expenses actually incurred by the justice or judge or their spouse or commonlaw partner in discharging the special extra-judicial obligations and responsibilities that devolve on the justice or judge, to the extent that those expenses may not be reimbursed under any other provision of this Act and their aggregate amount does not exceed in any year the maximum amount indicated in respect of each office in subsection (7). �� C. 7 Yuko Bill C-33 278. If Bill C-33, introduced in the 1st Session of the 37th Parliament and entitled the Nunavut Waters and Nunavut Surface Rights Tribunal Act (the ‘‘other Act’’), receives royal assent, then, on the later of the coming into force of section 177 of the other Act and section 80 of this Act, the definition ‘‘analyst’’ in section 2 of the Arctic Waters Pollution Prevention Act is replaced by the following: ‘‘analyst’’ « analyste » ‘‘analyst’’ means a person designated as an analyst under the Canada Water Act, the Northwest Territories Waters Act or the Nunavut Waters and Nunavut Surface Rights Tribunal Act; Repeal 279. An Act to amend the Territorial Lands Act, chapter 7 of the 3rd Supplement to the Revised Statutes of Canada, 1985, is repealed. Repeal 280. The Yukon Act, chapter Y-2 of the Revised Statutes of Canada, 1985, is repealed. Repeal of R.S., c. Y-3 281. The Yukon Placer Mining Act is repealed. Repeal of R.S., c. Y-4 282. The Yukon Quartz Mining Act is repealed. Repeal 283. The Yukon Surface Rights Board Act, chapter 43 of the Statutes of Canada, 1994, is repealed. Repeal 284. The Yukon Waters Act, chapter 40 of the Statutes of Canada, 1992, is repealed. REPEALS COMING INTO FORCE By order 285. (1) The provisions of this Act, other than sections 70 to 75 and section 77, subsection 117(2) and sections 167, 168, 210, 211, 221, 227, 233, 272 to 278 and 283, come into force on a day to be fixed by order of the Governor in Council. 2001-2002 Amendments to this Act Repeal of Act Yuko (2) Sections 70 to 75 come into force on a day to be fixed by order of the Governor in Council. (3) Section 77, subsection 117(2) and sections 167, 168, 210, 211, 221, 227, 233 and 283 come into force on a day to be fixed by order of the Governor in Council. �� C. 7 Yukon — Sc SCHEDULE 1 (Section 2) DESCRIPTION OF YUKON Yukon shall be bounded as follows: On the south, by the Province of British Columbia and the State of Alaska; on the west, by the said State of Alaska; on the north, by that part of the Arctic Ocean called Beaufort Sea; and on the east, by a line beginning at the intersection of the north boundary of British Columbia with a line passing through a boundary pipe post set in concrete, trench and mound, numbered 600, planted by the British Columbia-Yukon-Northwest Territories Boundary Commission approximately 1 chain westerly of the left bank of the Liard River, said line having a bearing of 309 degrees with reference to the meridian through said post; thence northwesterly along said line to a point on the line of watershed separating the streams flowing into the Liard River below the La Biche River or into the Mackenzie River from those flowing into the La Biche River, into the Liard River above the La Biche River, or into the Yukon River; thence northwesterly along said line of watershed to the line of watershed of the basin of Peel River; thence northerly along the line of watershed between the Peel and Mackenzie Rivers to the sixty-seventh degree of north latitude; thence westerly along the parallel of the sixty-seventh degree of north latitude to the line of watershed between the Peel and Yukon Rivers; thence northerly along the said line of watershed to the trail across the portage in McDougall Pass between Rat and Bell Rivers; thence due north to the northern limit of the Yukon territory; the said territory to include the islands within twenty statute miles from the shores of the Beaufort Sea as far as the aforesaid due north line from McDougall Pass. 2001-2002 Yukon — A SCHEDULE 2 (Section 2) NORTHERN LIMIT OF ADJOINING AREA All topographic features referred to below are according to the Gazetteer of Canada (Yukon Territory), Fifth Edition, Ottawa, 1988, and Canadian Hydrographic Service Charts 7661 (Demarcation Bay to Phillips Bay, 21st edition) and 7662 (Mackenzie Bay, 33rd edition), produced at a scale of 1:150,000 by the Department of Fisheries and Oceans at Ottawa. A line following the ordinary low water mark of the northern coast of the mainland of the Yukon territory, except (a) at any coastal indentation such as a bay, lagoon, arm, cove, basin or other inlet: a straight line across the entrance of the indentation at the ordinary low water mark, provided (i) the line measures 4 kilometres or less, and (ii) the area of the indentation, including any islands or parts of islands lying within the indentation, is greater than that of a semicircle whose diameter is the straight line; (b) at Phillips Bay: a straight line from the most easterly point on the ordinary low water mark on the northwesterly extremity of the entrance of the said Bay near Stokes Point to the most northwesterly point on the ordinary low water mark on the northeasterly extremity of the entrance of the said Bay near Kay Point; and (c) at Shoalwater Bay: a straight line from the most northeasterly point on the ordinary low water mark on the westerly extremity of the entrance of the said Bay to the most westerly point on the ordinary low water mark on the easterly extremity of the entrance of the said Bay. Published under authority of the Speaker of the House of Commons Available from: Public Works and Government Services Canada — Publishing, Ottawa, Canada K1A 0S9 ��������� ����� ������ ����� ��� ���������� �������� �������������������� ������� ������ ��� ���

Second Session, Thirty-seventh Parliament, 51-52 Elizabeth II, 2002-2003 STATUTES OF CANADA 2003 CHAPTER 24 An Act to establish Holocaust Memorial Day BILL C-459 ASSENTED TO 7th NOVEMBER, 2003 SUMMARY This enactment proclaims an annual Holocaust Memorial Day — Yom ha-Shoah. All parliamentary publications are available on the Parliamentary Internet Parlementaire at the following address: http://www.parl.gc.ca 51-52 ELIZABETH II _________ CHAPTER 24 An Act to establish Holocaust Memorial Day [Assented to 7th November, 2003] Preamble WHEREAS the Holocaust refers to a specific event in history, namely, the deliberate and planned state-sponsored persecution and annihilation of European Jewry by the Nazis and their collaborators between 1933 and 1945; WHEREAS six million Jewish men, women and children perished under this policy of hatred and genocide; WHEREAS millions of others were victims of that policy because of their physical or mental disabilities, race, religion or sexual orientation; WHEREAS the terrible destruction and pain of the Holocaust must never be forgotten; WHEREAS systematic violence, genocide, persecution, racism and hatred continue to occur throughout the world; WHEREAS the Parliament of Canada is committed to using legislation, education and example to protect Canadians from violence, racism and hatred and to stopping those who foster or commit crimes of violence, racism and hatred; AND WHEREAS Yom ha-Shoah or the Day of the Holocaust, as determined in each year by the Jewish lunar calendar, is an opportune day to reflect on and educate about the enduring lessons of the Holocaust and to reaffirm a commitment to uphold human rights; NOW, THEREFORE, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: Holocaust Mem C. 24 SHORT TITLE Short title 1. This Act may be cited as the Holocaust Memorial Day Act. HOLOCAUST MEMORIAL DAY Holocaust Memorial Day — Yom haShoah 2. Yom ha-Shoah or the Day of the Holocaust, as determined in each year by the Jewish lunar calendar, is proclaimed as “Holocaust Memorial Day — Yom ha-Shoah”. Published under authority of the Speaker of the House of Commons Available from: Communication Canada – Canadian Government Publishing, Ottawa, Canada K1A 0S9

Second Session, Thirty-seventh Parliament, 51-52 Elizabeth II, 2002-2003 STATUTES OF CANADA 2003 CHAPTER 18 An Act to amend the Statutory Instruments Act (disallowance procedure for regulations) BILL C-205 ASSENTED TO 19th JUNE, 2003 SUMMARY This enactment amends the Statutory Instruments Act to establish a statutory disallowance procedure that applies to all regulations subject to review and scrutiny by the Standing Joint Committee for the Scrutiny of Regulations. In so doing, this enactment ensures that both Houses of Parliament will have the opportunity to disallow any regulation made pursuant to authority delegated by Parliament. All parliamentary publications are available on the Parliamentary Internet Parlementaire at the following address: http://www.parl.gc.ca 51-52 ELIZABETH II _________ CHAPTER 18 An Act to amend the Statutory Instruments Act (disallowance procedure for regulations) [Assented to 19th June, 2003] R.S., c. S-22 Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: 1. The Statutory Instruments Act is amended by adding the following after section 19: Resolution to revoke a regulation 19.1 (1) Subject to subsection (2), a committee of both Houses of Parliament may make a report to the Senate and the House of Commons containing only a resolution that all or any portion of a regulation that stands permanently referred to the committee be revoked. Notice (2) No report may be made unless the authority authorized to make the regulation has been notified, at least 30 days before the committee adopts the report, that the committee intends to consider the report. If the regulation is authorized to be made by the Governor in Council, the notice must be given to the Minister responsible for the provision under which the regulation may be made. Only one report per sitting day (3) Not more than one report shall be laid before the Senate or the House of Commons during any sitting day of that House. Contents of report (4) In each House, the Senator or member who presents the report shall (a) state that it contains a resolution pursuant to subsection (1); C. 18 Statutory Ins (b) identify the regulation or portion of the regulation in relation to which the report is made and indicate that the text of the regulation or portion is included in the report; and (c) state that notice has been given in accordance with subsection (2). Deemed adoption (5) The resolution is deemed to have been adopted by the Senate or the House of Commons on the fifteenth sitting day after the report is presented to that House unless, before that time, a Minister files with the Speaker of that House a motion to the effect that the resolution not be adopted. Time for consideration of motion (6) The House in which the motion is filed shall meet at 1:00 o’clock p.m. on the Wednesday next, or at any later time or date fixed by unanimous consent of that House. At that time the order of business shall be the consideration of the motion. Debate (7) The motion shall be debated without interruption for not more than one hour, during which time no Senator or member may speak for more than ten minutes. On the conclusion of the debate or at the expiration of the hour, the Speaker shall immediately, without amendment or further debate, put every question necessary for the disposal of the motion. More than one motion (8) If more than one motion is made pursuant to subsection (5), the Senate or the House of Commons shall consider those motions in the order in which they may be set down for consideration at the request of a Minister, as long as the motions are grouped together for debate. Revocation of regulation (9) Where both Houses have adopted or are deemed to have adopted a resolution that all or any portion of a regulation be revoked, the authority authorized to make the regulation shall revoke the regulation or portion of the regulation no later than 30 days, or any longer period that may be specified in the resolution, after the later of the dates on which the Houses have adopted or are deemed to have adopted the resolution. 2002-2003 Definition of “sitting day” Textes réglem (10) For the purposes of this section, “sitting day” means, in respect of either House of Parliament, a day on which that House sits. Published under authority of the Speaker of the House of Commons Available from: Communication Canada – Canadian Government Publishing, Ottawa, Canada K1A 0S9 ��������� ����� ������������� ����������������� ���������� ����������� ������� ������� ��� ���

Second Session, Thirty-seventh Parliament, 51-52 Elizabeth II, 2002-2003 STATUTES OF CANADA 2003 CHAPTER 19 An Act to amend the Canada Elections Act and the Income Tax Act (political financing) BILL C-24 ASSENTED TO 19th JUNE, 2003 RECOMMENDATION Her Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled ‘‘An Act to amend the Canada Elections Act and the Income Tax Act (political financing)’’. SUMMARY This enactment amends the Canada Elections Act to extend disclosure requirements to electoral district associations and to leadership contestants and nomination contestants of registered parties. It introduces limits on contributions that may be made to parties, candidates, electoral district associations and leadership and nomination contestants. It imposes on registered electoral district associations, leadership contestants and nomination contestants the obligation to report to the Chief Electoral Officer on contributions received and expenses incurred. The enactment stipulates that contributions to registered parties, candidates, registered electoral district associations, leadership contestants and nomination contestants may be made only by individuals and are subject to limits. A limited exception allows contributions of up to $1,000 to be made by corporations and trade unions, or by associations from money given by individuals, to registered associations, nomination contestants and candidates. The enactment provides for payment of a quarterly allowance to registered political parties, based on the percentage of votes obtained by the party in the previous general election. It increases the election expenses limit for parties and the percentage of election expenses that are reimbursed and broadens the definition of election expenses to include expenditures on polling. The enactment amends the Income Tax Act to increase by $200 each of the brackets for which a tax credit for political contributions is eligible and to allow electoral district associations to issue tax receipts. ��� ������������� ������������ ��� ��������� �� ��� ������������� �������� ������������� �� ��� ��������� �������� ��������������������� 51-52 ELIZABETH II CHAPTER 19 An Act to amend the Canada Elections Act and the Income Tax Act (political financing) [Assented to 19th June, 2003] Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: 2000, c. 9 CANADA ELECTIONS ACT 1. (1) Subsection 2(1) of the Canada Elections Act is amended by adding the following in alphabetical order: ‘‘electoral district agent’’ « agent de circonscription » ‘‘electoral district agent’’ means a person appointed under subsection 403.09(1), and includes the financial agent of a registered association. ‘‘electoral district association’’ « association de circonscription » ‘‘electoral district association’’ means an association of members of a political party in an electoral district. ‘‘leadership campaign agent’’ « agent de campagne à la direction » ‘‘leadership campaign agent’’ means a person appointed under subsection 435.08(1), and includes the financial agent of a leadership contestant. ‘‘leadership campaign expense’’ « dépense de campagne à la direction » ‘‘leadership campaign expense’’ means an expense reasonably incurred by or on behalf of a leadership contestant during a leadership contest as an incidence of the contest, including a personal expense as defined in section 435.03. ‘‘leadership contest’’ « course à la direction » ‘‘leadership contest’’ means a competition for the selection of the leader of a registered party. ‘‘leadership contestant’’ « candidat à la direction » ‘‘leadership contestant’’ means a person who has been registered in the registry of leadership contestants referred to in section 435.07 and who, or whose financial agent, � C. 19 Canada E has not yet complied with sections 435.3 to 435.47 in respect of that leadership contest. ‘‘nomination campaign expense’’ « dépense de campagne d’investiture » ‘‘nomination campaign expense’’ means an expense reasonably incurred by or on behalf of a nomination contestant during a nomination contest as an incidence of the contest, including a personal expense as defined in section 478.01. ‘‘nomination contest’’ « course à l’investiture » ‘‘nomination contest’’ means a competition for the selection of a person to be proposed to a registered party for its endorsement as its candidate in an electoral district. ‘‘nomination contestant’’ « candidat à l’investiture » ‘‘nomination contestant’’ means a person named as a nomination contestant in a nomination contest report filed in accordance with paragraph 478.02(1)(c) who, or whose financial agent, has not yet complied with sections 478.23 to 478.42 in respect of that nomination contest. ‘‘registered association’’ « association enregistrée » ‘‘registered association’’ means an electoral district association registered in the registry of electoral district associations referred to in section 403.08. (2) Section 2 of the Act is amended by adding the following after subsection (4): Descriptive cross-references (5) If, in any provision of this Act, a reference to another provision of this Act or a provision of any other Act is followed by words in parentheses that are or purport to be descriptive of the subject-matter of the provision referred to, those words form no part of the provision in which they occur but are inserted for convenience of reference only. 2. Subsection 24(6) of the Act is replaced by the following: No partisan conduct (6) No returning officer shall, while in office, knowingly engage in politically partisan conduct and in particular shall not make a contribution to a candidate, a leadership contestant or a nomination contestant or belong to or make a contribution to, be an employee of or hold a position in, a registered 2002-2003 Loi électorale party, an eligible party or a registered association. 3. Paragraph 84(b) of the Act is replaced by the following: (b) an election officer or a member of the staff of a returning officer; (b.1) an undischarged bankrupt; 4. (1) Paragraph 85(2)(a) of the Act is replaced by the following: (a) an election officer or a member of the staff of a returning officer; (2) Subsection 85(2) of the Act is amended by striking out the word ‘‘and’’ at the end of paragraph (d) and by adding the following after paragraph (e): (f) electoral district agents of registered associations; (g) leadership contestants and their leadership campaign agents; (h) nomination contestants and their financial agents; and (i) financial agents of registered third parties. 5. (1) Subsection 340(1) of the Act is replaced by the following: Reallocation in case of deregistration 340. (1) If a registered party to which broadcasting time has been allocated under this Part is subsequently deregistered, the Broadcasting Arbitrator, within two weeks after publication in the Canada Gazette of the notice of deregistration, shall convene the representatives of the remaining registered parties and eligible parties to which broadcasting time has been allocated for the purpose of reallocating that party’s broadcasting time. (2) Subsection 340(3) of the Act is replaced by the following: Exception (3) If the deregistration or cessation of eligibility referred to in subsection (1) or (2), respectively, occurs after the issue of the writs for a general election, the broadcasting time that was allocated to the deregistered party or to the party that has ceased to be eligible shall not be reallocated. � C. 19 Canada E 6. Section 363 of the Act is repealed. 7. The Act is amended by adding the following after section 368: Preservation of name 368.1 In the period of 30 days after the deregistration of a political party, (a) no application for another political party to become a registered party may be accepted — and no report under section 382 shall be effective — that would permit another political party to use a name, short-form name, abbreviation or logo that would, in the Chief Electoral Officer’s opinion, likely be confused with that of the deregistered party; and (b) if a new application is made for the registration of the deregistered party under the name, short-form name, abbreviation and logo that it had at the time of its deregistration, the Chief Electoral Officer may not refuse the application on the ground that it does not comply with paragraph 368(a). 8. Paragraph 372(a) of the Act is replaced by the following: (a) a statement, prepared in accordance with generally accepted accounting principles, of its assets and liabilities, including any surplus or deficit, as of the day before the effective date of the registration; 9. Subsection 375(2) of the Act is repealed. 10. Paragraph 376(2)(a) of the Act is replaced by the following: (a) an election officer or a member of the staff of a returning officer; (a.1) a candidate; (a.2) an undischarged bankrupt; 11. (1) Paragraph 377(2)(a) of the Act is replaced by the following: (a) an election officer or a member of the staff of a returning officer; (2) Subsection 377(2) of the Act is amended by striking out the word ‘‘and’’ at the end of paragraph (d) and by adding the following after paragraph (e): 2002-2003 Loi électorale (f) electoral district agents of registered associations; (g) leadership contestants and their leadership campaign agents; (h) nomination contestants and their financial agents; and (i) financial agents of registered third parties. 12. Section 382 of the Act is amended by adding the following after subsection (5): Entry in registry of electoral district associations (6) The Chief Electoral Officer shall enter any change in the information referred to in subsection (2) in the registry of electoral district associations. 13. Section 385 of the Act and the heading before it are replaced by the following: Deregistration of Registered Parties Deregistration — fewer than 50 candidates 385. (1) The Chief Electoral Officer shall, effective on the expiration in a general election of the period for the confirmation or refusal of nominations under subsection 71(1), deregister a registered party that, at that time, has not endorsed a candidate in at least 50 electoral districts. Notice of deregistration (2) The Chief Electoral Officer shall give notice of the deregistration under subsection (1) of a registered party, and of the resulting deregistration under section 389.2 of its registered associations, to the leader, the chief agent and any other officer of the party set out in the registry of parties as well as to the chief executive officers and financial agents of the associations. 14. (1) The portion of section 386 of the Act before paragraph (a) is replaced by the following: Deregistration — failure to provide documents 386. The Chief Electoral Officer may deregister a registered party if the party fails to provide � C. 19 Canada E (2) Section 386 of the Act is amended by striking out the word ‘‘or’’ at the end of paragraph (f) and by adding the following after paragraph (g): (h) a statement required by subsection 435.04(1) or (2); or (i) a report that it is required by subsection 478.02(1) to provide. 15. The portion of section 387 of the Act before paragraph (a) is replaced by the following: Deregistration — failure to file return and auditor’s report 387. The Chief Electoral Officer may deregister a registered party if its chief agent fails to provide the Chief Electoral Officer 16. Section 388 of the Act is replaced by the following: Voluntary deregistration 388. On application, other than during the election period of a general election, by a registered party to become deregistered, signed by the leader and any two officers of the party, the Chief Electoral Officer may deregister the party. 17. Subsection 389(3) of the Act is replaced by the following: Deregistration (3) The Chief Electoral Officer may deregister a registered party if its leader, its chief agent or one of its officers fails to comply with a notice referred to in subsection (1), or amended notice under subsection (2). 18. The Act is amended by adding the following after section 389: Notice of deregistration 389.1 (1) If the Chief Electoral Officer proposes to deregister a registered party under section 388 or subsection 389(3), the Chief Electoral Officer shall so notify the party and its registered associations. Date of deregistration (2) The notice under subsection (1) shall specify the effective date of the deregistration, which shall be at least 15 days after the date of the sending of the notice. Proof of service of notice (3) The notice under subsection (1) shall be sent by registered mail or by a method of courier service that provides proof of mailing, a record while in transit and a record of delivery. 2002-2003 Effect of deregistration of registered party Loi électorale 389.2 If a registered party is deregistered, its registered associations are also deregistered. 19. Sections 390 and 391 of the Act are replaced by the following: Notice of deregistration 390. (1) The Chief Electoral Officer shall without delay cause a notice of the deregistration of a registered party and of its registered associations to be published in the Canada Gazette. Entry of deregistration in registry of parties (2) The Chief Electoral Officer shall indicate the deregistration of the party in the registry of parties. Continuation of registered status for limited purpose 391. A political party that is deregistered continues to have the obligations of a registered party for the application of section 392. 20. The portion of section 392 of the Act before subparagraph (a)(ii) is replaced by the following: Fiscal period and returns 392. The chief agent of a deregistered political party shall, within six months after the day of its deregistration, provide the Chief Electoral Officer with (a) the documents referred to in subsection 424(1) for (i) the portion of its current fiscal period ending on the day of its deregistration, and 21. Sections 393 to 399 of the Act are repealed. 22. Section 402 of the Act is amended by adding the following after subsection (2): Effect of merger on registered associations (3) On the merger of registered parties, any registered association of a merging party is deregistered and, despite paragraph 403.01(c), may transfer goods or funds to the merged party or a registered association of the merged party in the six months immediately after the merger. Any such transfer is not a contribution for the purposes of this Act. � C. 19 Canada E 23. The Act is amended by adding the following after section 403: DIVISION 1.1 REGISTRATION OF ELECTORAL DISTRICT ASSOCIATIONS AND FINANCIAL ADMINISTRATION OF REGISTERED ASSOCIATIONS Registration of Electoral District Associations Duty to register 403.01 No electoral district association of a registered party shall, unless it is registered, (a) accept contributions; (b) provide goods or services or transfer funds to a candidate endorsed by a registered party; (c) provide goods or services or transfer funds to a registered party or a registered association; or (d) accept surplus electoral funds of a candidate, surplus leadership campaign funds of a leadership contestant or surplus nomination campaign funds of a nomination contestant. Contents of application 403.02 (1) An application for registration of an electoral district association of a registered party may be submitted to the Chief Electoral Officer by the association, and must include (a) the full name of the association and of the electoral district; (b) the full name of the registered party; (c) the address of the office of the association at which records are maintained and to which communications may be addressed; (d) the names and addresses of the chief executive officer and other officers of the association; (e) the name and address of the appointed auditor of the association; and (f) the name and address of the financial agent of the association. 2002-2003 Accompanying documents Loi électorale (2) The application must be accompanied by (a) the signed consent of the financial agent to so act; (b) the signed consent of the auditor to so act; and (c) a declaration signed by the leader of the party certifying that the electoral district association is an electoral district association of the party. Examination of application (3) The Chief Electoral Officer shall register an electoral district association that meets the requirements of subsections (1) and (2). In the case of a refusal to register, the Chief Electoral Officer shall indicate which of those requirements have not been met. Date of registration (4) An electoral district association is registered as of the date on which the Chief Electoral Officer enters it in the registry of electoral district associations. Only one registered association per district 403.03 A registered party may not have more than one registered association in an electoral district. Election period — contributions and expenses 403.04 No electoral district association of a registered party shall, during an election period, incur expenses for election advertising, as defined in section 319. Statement of assets and liabilities 403.05 Within six months after becoming a registered association, the association shall provide the Chief Electoral Officer with (a) a statement, prepared in accordance with generally accepted accounting principles, of its assets and liabilities, including any surplus or deficit, as of the day before the effective date of the registration; and (b) a declaration in the prescribed form by the financial agent of the registered association that the statement is complete and accurate. Prohibition — declaration concerning statement 403.051 No financial agent of a registered association shall make a declaration referred to in paragraph 403.05(b) if the agent knows or ought reasonably to have known that the statement referred to in paragraph 403.05(a) is not complete and accurate. �� C. 19 Canada E Annual fiscal period 403.06 The fiscal period of a registered association is the calendar year. Adjustment of fiscal period for newly registered associations 403.07 Without delay after becoming registered, a registered association shall, if necessary, vary its fiscal period so that it ends at the end of the calendar year. The then current fiscal period may not be less than 6 months or more than 18 months. Registry of electoral district associations 403.08 The Chief Electoral Officer shall maintain a registry of electoral district associations that contains the information referred to in subsection 403.02(1). Appointments 403.09 (1) A registered association may, subject to any terms and conditions that it specifies, appoint, as electoral district agents, persons who are authorized by the association to accept contributions and to incur and pay expenses on behalf of the association. Report of appointment (2) Within 30 days after the appointment of an electoral district agent, the registered association shall provide the Chief Electoral Officer with a written report, certified by its financial agent, that includes the name and address of the person appointed and any terms and conditions to which the appointment is subject. The Chief Electoral Officer shall enter that information in the registry of electoral district associations. Agents — corporations 403.1 (1) A corporation incorporated under the laws of Canada or a province is eligible to be the financial agent or an electoral district agent of a registered association. Agents — ineligible persons (2) The following persons are not eligible to be a financial agent or an electoral district agent: (a) an election officer or a member of the staff of a returning officer; (b) a candidate; (c) an auditor appointed as required by this Act; (d) subject to subsection (1), a person who is not an elector; (e) an undischarged bankrupt; and 2002-2003 Loi électorale (f) a person who does not have the capacity to enter into contracts in the province in which the person ordinarily resides. Where member of partnership appointed as agent (3) A person may be appointed as agent for a registered association notwithstanding that the person is a member of a partnership that has been appointed as an auditor, in accordance with this Act for the registered party. Auditor — eligibility 403.11 (1) Only the following are eligible to be an auditor for a registered association: (a) a person who is a member in good standing of a corporation, an association or an institute of professional accountants; or (b) a partnership of which every partner is a member in good standing of a corporation, an association or an institute of professional accountants. Auditor — ineligible persons (2) The following persons are not eligible to be an auditor for a registered association: (a) election officers and members of the staff of returning officers; (b) chief agents of registered parties or eligible parties and registered agents of registered parties; (c) candidates and official agents of candidates; (d) electoral district agents of registered associations; (e) leadership contestants and their leadership campaign agents; (f) nomination contestants and their financial agents; and (g) financial agents of registered third parties. Consent 403.12 A registered association shall obtain from the financial agent or auditor, on appointment, their signed consent to so act. Death, incapacity, resignation or revocation 403.13 In the event of the death, incapacity, resignation or revocation of the appointment of its financial agent or auditor, a registered association shall without delay appoint a replacement. �� C. 19 Canada E Only one financial agent and auditor 403.14 A registered association shall have no more than one financial agent and one auditor at a time. Prohibition — agents 403.15 (1) No person who is not eligible to be a financial agent or an electoral district agent of a registered association shall so act. Prohibition — auditor (2) No person who is not eligible to be an auditor of a registered association shall so act. New auditor or financial agent 403.16 (1) Within 30 days after a change in the information referred to in subsection 403.02(1) other than paragraph 403.02(1)(b), a registered association shall report the change in writing to the Chief Electoral Officer. The report must be certified by the chief executive officer of the association. New auditor or financial agent (2) A report under subsection (1) that involves the replacement of the auditor or financial agent of the registered association must include a copy of the signed consent obtained under section 403.12. Registration of change (3) The Chief Electoral Officer shall enter any change in the information referred to in this section in the registry of electoral district associations. Confirmation of registration yearly 403.17 On or before May 31 of every year, unless an election campaign is in process in that electoral district on that date, in which case the date shall be July 31, a registered association shall provide the Chief Electoral Officer with (a) a statement certified by its chief executive officer confirming the validity of the information concerning that association in the registry of electoral district associations; or (b) if there is a change in that information, the report made under subsection 403.16(1) of the change. 2002-2003 Loi électorale Deregistration of Registered Associations Deregistration — failure to provide documents 403.18 The Chief Electoral Officer may deregister a registered association if the association fails to provide (a) confirmation under section 403.17 of the validity of the registered information; (b) any of the documents referred to in subsection 403.16(1) or (2) with respect to a replacement of its auditor or financial agent; (c) a report under subsection 403.09(2) concerning the appointment of an electoral district agent; (d) a report under subsection 403.16(1) of a change in any other registered information; (e) any of the documents referred to in section 403.05; or (f) a report that is required to be filed under subsection 478.02(1). Deregistration — failure to file return 403.19 The Chief Electoral Officer may deregister a registered association if its financial agent fails to provide the Chief Electoral Officer with a document for a fiscal year in accordance with subsection 403.35(1). Voluntary deregistration 403.2 (1) On application by a registered association to become deregistered, signed by its chief executive officer and the financial agent, the Chief Electoral Officer may deregister the association. Deregistration at the request of the party (2) On application by a registered party, signed by its leader and two of its officers, to deregister one of its registered associations, the Chief Electoral Officer shall deregister the association. Exception (3) Subsections (1) and (2) do not apply during an election period in the electoral district of the registered association. Procedure for non-voluntary deregistration 403.21 (1) If the Chief Electoral Officer believes on reasonable grounds that a registered association or its financial agent has omitted to perform any obligation referred to �� C. 19 Canada E in section 403.18 or 403.19, the Chief Electoral Officer shall, in writing, notify the chief executive officer and the financial agent of the association that the association or financial agent must (a) rectify the omission by the discharge of those obligations within 30 days after receipt of the notice; or (b) satisfy the Chief Electoral Officer that the omission was not the result of negligence or a lack of good faith. Extension or exemption (2) If paragraph (1)(b) applies, the Chief Electoral Officer may amend the notice by (a) exempting, in whole or in part, the recipients of the notice from complying with the obligations referred to in section 403.18 or 403.19; or (b) specifying a period for compliance with the obligations referred to in paragraph (1)(a). Copy of notice (3) A copy of any notice or amendment under subsection (1) or (2) shall be sent to the leader and the chief agent of the registered party with which the registered association is affiliated. Deregistration (4) The Chief Electoral Officer may deregister a registered association if the association or its financial agent fails to comply with a notice referred to in subsection (1) or with an amended notice under subsection (2). Electoral Boundaries Readjustment Act 403.22 (1) If the boundaries of an electoral district are revised as a result of a representation order under section 25 of the Electoral Boundaries Readjustment Act, a registered association for the electoral district may, before the day on which the representation order comes into force under subsection 25(1) of that Act, file with the Chief Electoral Officer a notice that it will be continued as the registered association for a particular electoral district described in the representation order. The notice must be accompanied by a consent signed by the leader of the registered party with which it is affiliated. Effect of continuation (2) If a notice has been filed under subsection (1), on the coming into force of the representation order, the registered association is continued as the registered association 2002-2003 Loi électorale for the electoral district specified in the notice and assumes all the rights and obligations of the association for the former electoral district. Deregistration (3) Any registered association in an electoral district whose boundaries are revised as a result of a representation order under section 25 of the Electoral Boundaries Readjustment Act that does not give a notice under subsection (1) is deregistered on the day on which the representation order comes into force under subsection 25(1) of that Act and, despite paragraph 403.01(c), may transfer goods or funds to the registered party with which it is affiliated or to any of its registered associations in the six months after that day. Any such transfer is not a contribution for the purposes of this Act. Pre-registration (4) As soon as a proclamation is issued under section 25 of the Electoral Boundaries Readjustment Act relating to a representation order, an application may be made under section 403.02 for the registration of an electoral district association for an electoral district that is created by — or whose boundaries are revised as a result of — the order. Any resulting registration does not take effect before the order comes into force. Applicant deemed to be electoral district association (5) The applicant in an application referred to in subsection (4) is deemed to be an electoral district association as of the date on which the application is received by the Chief Electoral Officer. Notice of deregistration 403.23 (1) If the Chief Electoral Officer deregisters a registered association under section 403.2 or subsection 403.21(4), the Chief Electoral Officer shall so notify in writing by registered mail or by a method of courier service that provides proof of mailing, a record while in transit and a record of delivery, the association and the registered party with which it is affiliated. Date of deregistration (2) The notice under subsection (1) shall specify the effective date of the deregistration, which shall be at least 15 days after the day on which the notice is sent. �� C. 19 Canada E Publication 403.24 (1) If a registered association is deregistered for any reason other than the deregistration of the political party with which it is affiliated, the Chief Electoral Officer shall without delay cause a notice of deregistration to be published in the Canada Gazette. Entry of deregistration in registry of electoral district associations (2) The Chief Electoral Officer shall indicate any deregistration of a registered association in the registry of electoral district associations. Effect of deregistration 403.25 A deregistered electoral district association continues to have the obligations of a registered association for the application of section 403.26. Fiscal period and returns 403.26 The financial agent of a deregistered electoral district association shall, within six months after the day of its deregistration, provide the Chief Electoral Officer with the documents referred to in subsection 403.35(1) for (a) the portion of its current fiscal period ending on the day of its deregistration; and (b) any earlier fiscal period for which those documents have not already been provided under that subsection. Financial Administration of Registered Associations General Duty of financial agent 403.27 The financial agent of a registered association is responsible for administering its financial transactions and for reporting on them, in accordance with the provisions of this Act. Prohibition — paying expenses 403.28 (1) No person or entity, other than an electoral district agent of a registered association, shall pay the registered association’s expenses. Prohibition — incurring expenses (2) No person or entity, other than an electoral district agent of a registered association, shall incur the registered association’s expenses. 2002-2003 Loi électorale Prohibition — accepting contributions (3) No person, other than an electoral district agent of a registered association shall accept contributions to the registered association. Prohibition — transfers (4) No person, other than the financial agent of a registered association, shall accept or make transfers of goods or funds on behalf of the association. Processing of Expense Claims Three months to send expense claims 403.29 (1) A person with a claim to be paid for an expense of a registered association shall, within three months after the expense was incurred, send the invoice or other document evidencing the claim to the registered association or one of its electoral district agents. Bar to recovery (2) A claimant is barred from recovery of a claim that is sent after the three-month period. Deceased claimant (3) If a claimant dies before the end of the three-month period, a new three-month period begins, for the purposes of subsection (1), on the day on which the claimant’s legal representative becomes entitled to act for the claimant. Payment within six months 403.3 A claim that has been sent in accordance with section 403.29 must be paid within six months after payment of it is due. Irregular claims or payments — Chief Electoral Officer 403.31 (1) On the written application of a claimant with a claim to be paid for an expense of a registered association or of an electoral district agent, the Chief Electoral Officer may, on being satisfied that there are reasonable grounds for so doing, in writing authorize the electoral district agent of the registered association to pay the amount claimed if (a) the claim was not sent in accordance with subsection 403.29(1); or (b) the payment was not made in accordance with section 403.3. Terms and conditions (2) The Chief Electoral Officer may fix any term or condition that he or she considers appropriate on a payment authorized under subsection (1). �� Irregular claims or payments — judge C. 19 Canada E 403.32 On the application of a person who has a claim to be paid for an expense of a registered association or of an electoral district agent of the association, a judge who is competent to conduct a recount, on being satisfied that there are reasonable grounds for so doing, may by order authorize the electoral district agent to pay the amount claimed if (a) the applicant establishes that an authorization under subsection 403.31(1) has been refused and that the claim was sent after the three-month period referred to in subsection 403.29(1) or the payment has not been made in the six-month period referred to in section 403.3; or (b) the amount claimed has not been paid in accordance with an authorization obtained from the Chief Electoral Officer under subsection 403.31(1) and the applicant establishes that he or she was unable to comply with that authorization for reasons beyond his or her control. Proceeding to recover claimed payments 403.33 (1) A person who has sent a claim in accordance with section 403.29 may commence proceedings in a court of competent jurisdiction to recover any unpaid amount (a) at any time, if the electoral district agent refuses to pay that amount or disputes that it is payable; or (b) after the end of the period referred to in section 403.3 or any extension of that period authorized by subsection 403.31(1) or section 403.32, in any other case. Payment deemed properly made (2) An amount paid by an electoral district agent of a registered association as a result of proceedings referred to in subsection (1) is deemed to have been paid in accordance with this Act. Deemed contributions 403.34 (1) An unpaid claim mentioned in a return referred to in subsection 403.35(1) that, on the day that is 18 months after the end of the fiscal period to which the return relates, remains unpaid, in whole or in part, is deemed to be a contribution of the unpaid amount to the registered association made as of the day on which the expense was incurred. 2002-2003 When no deemed contribution Loi électorale (2) Subsection (1) does not apply to an unpaid claim that, on the day referred to in that subsection, (a) is the subject of a binding agreement to pay; (b) is the subject of a legal proceeding to secure its payment; (c) is the subject of a dispute as to the amount the association was liable to pay or the amount that remains unpaid; or (d) has been written off by the creditor as an uncollectable debt in accordance with the creditor’s normal accounting practices. Notice by association (3) The financial agent of a registered association who believes that any of paragraphs (2)(a) to (d) applies to a liability to pay an amount shall so notify the Chief Electoral Officer before the day referred to in subsection (1). Publication of deemed contributions (4) As soon as practicable after the day referred to in subsection (1), the Chief Electoral Officer shall, in any manner that he or she considers appropriate, publish the list of claims that are deemed under subsection (1) to be contributions. Financial Reporting Return on financial transactions 403.35 (1) The financial agent of a registered association shall, for each fiscal period of the association, provide to the Chief Electoral Officer (a) a financial transactions return, substantially in the prescribed form, on the association’s financial transactions; (b) the auditor’s report on the financial transactions return, if one is required under subsection 403.37(1); (c) a declaration in the prescribed form by the financial agent that the financial transactions return is complete and accurate; and (d) any statements and declarations provided to the financial agent by virtue of paragraph 405.3(2)(c) and subsection 405.3(4). Contents of return (2) A financial transactions return must set out �� C. 19 Canada E (a) a statement of contributions received by the registered association from the following classes of contributor: individuals, corporations, trade unions and associations referred to in subsection 405.3(3); (b) the number of contributors in each class listed in paragraph (a); (b.1) in the case of a contributor that is an association referred to in subsection 405.3(3), (i) the name and address of the association, the amount of its contribution and the date on which it was received by the registered association, and (ii) the name and address of each individual whose money forms part of the contribution, the amount of money provided by that individual that is included in the contribution and the date on which it was provided to the association; (c) the name and address of each other contributor in a class listed in paragraph (a) who made contributions of a total amount of more than $200 to the registered association, that total amount, as well as the amount of each such contribution and the date on which it was received by the association; (d) in the case of a numbered company that is a contributor referred to in paragraph (c), the name of the chief executive officer or president of that company; (e) a statement of the registered association’s assets and liabilities and any surplus or deficit in accordance with generally accepted accounting principles, including a statement of (i) disputed claims under section 403.33, and (ii) unpaid claims that are, or may be, the subject of an application referred to in subsection 403.31(1) or section 403.32; (f) a statement of the registered association’s revenues and expenses in accordance with generally accepted accounting principles; 2002-2003 Loi électorale (g) a statement of the commercial value of goods or services provided and of funds transferred by the registered association to the registered party, to another registered association or to a candidate endorsed by the registered party; (h) a statement of the commercial value of goods or services provided and of funds transferred to the registered association from the registered party, another registered association, a candidate, a leadership contestant or a nomination contestant; (i) a statement of loans or security received by the registered association, including any conditions on them; (i.1) a statement that provides full disclosure of financial loans for the purposes of the campaign, including interest rates, repayment schedules and the name of the lender; and (j) a statement of contributions received by the registered association but returned in whole or in part to the contributors or otherwise dealt with in accordance with this Act. Loans (3) For the purpose of subsection (2), other than paragraph (2)(j), a contribution includes a loan. Period for providing documents (4) The financial agent of a registered association shall provide the documents referred to in subsection (1) within five months after the end of the fiscal period. When contributions forwarded to Receiver General 403.36 The financial agent of a registered association shall, without delay, pay an amount of money equal to the value of a contribution received by the association to the Chief Electoral Officer who shall forward it to the Receiver General, if (a) the financial agent cannot determine to which of the classes listed in paragraph 403.35(2)(a) the contributor belongs; or (b) the name of the contributor of a contribution of more than $25, the name or the address of the contributor having made contributions of a total amount of more than $200 or the name of the chief executive officer or president of a contributor referred to in paragraph 403.35(2)(d) is not known. �� C. 19 Canada E Auditor’s report 403.37 (1) The auditor of a registered association that has, in a fiscal period, accepted contributions of $5,000 or more in total or incurred expenses of $5,000 or more in total shall report to the association’s financial agent on the financial transactions return of the association and shall, in accordance with generally accepted auditing standards, make any examination that will enable the auditor to give an opinion in the report as to whether it presents fairly the information contained in the financial records on which it is based. Statement (2) The auditor shall include in the report under subsection (1) any statement the auditor considers necessary if (a) the financial transactions return that is the subject of the report does not present fairly the information contained in the financial records on which it is based; or (b) based on the examination, it appears that proper accounting records have not been kept by the registered association. Right of access (3) The auditor shall have access at any reasonable time to all documents of the association and may require the financial agent and electoral district agents of the association to provide any information or explanation that, in the auditor’s opinion, may be necessary to enable the auditor to prepare the report. Prohibition — financial reports 403.38 No financial agent of a registered association shall provide the Chief Electoral Officer with a financial transactions return that (a) the financial agent knows or ought reasonably to know contains a materially false or misleading statement; or (b) does not substantially set out the information required by subsection 403.35(2). Payment of Audit Expenses Certificate — audit expenses 403.39 (1) On receipt of the documents referred to in subsection 403.35(1) and a copy of the auditor’s invoice, the Chief Electoral Officer shall provide the Receiver General with a certificate that sets out the amount, up to a maximum of $1,500, of the expenses 2002-2003 Loi électorale incurred for the audit made under subsection 403.37(1). Payment (2) On receipt of the certificate, the Receiver General shall pay the amount set out in it to the auditor out of the Consolidated Revenue Fund. Corrections and Extended Reporting Periods Minor corrections — Chief Electoral Officer 403.4 (1) The Chief Electoral Officer may correct a document referred to in subsection 403.35(1) if the correction does not materially affect its substance. Corrections at request of Chief Electoral Officer (2) The Chief Electoral Officer may in writing request a registered association to correct, within a specified period, a document referred to in subsection 403.35(1). Extension or correction — Chief Electoral Officer 403.41 (1) The Chief Electoral Officer, on the written application of the financial agent of a registered association or, if the financial agent is absent or incapacitated, the chief executive officer of the association, may authorize (a) the extension of a period provided in subsection 403.35(4); or (b) the correction, within a specified period, of a document referred to in subsection 403.35(1). Deadline (2) An application may be made (a) under paragraph (1)(a), within the period provided in subsection 403.35(4); and (b) under paragraph (1)(b), as soon as the applicant becomes aware of the need for correction. Grounds (3) The Chief Electoral Officer may not authorize an extension or correction unless he or she is satisfied by the evidence submitted by the applicant that the circumstances giving rise to the application arose by reason of (a) the absence, death, illness or misconduct of the financial agent or a predecessor; (b) the absence, death, illness or misconduct of a clerk or an officer of the financial agent, or a predecessor of one of them; or �� C. 19 Canada E (c) inadvertence or an honest mistake of fact. Extension or correction — judge 403.42 (1) The financial agent of a registered association or, if the financial agent is absent or incapacitated, the chief executive officer of the association, may apply to a judge who is competent to conduct a recount for an order (a) relieving the association from complying with a request referred to in subsection 403.4(2); or (b) authorizing an extension referred to in paragraph 403.41(1)(a) or correction referred to in paragraph 403.41(1)(b). The applicant shall notify the Chief Electoral Officer of the application. Deadline (2) An application may be made (a) under paragraph (1)(a), within the specified period referred to in subsection 403.4(2) or within the two weeks after the expiration of that period; or (b) under paragraph (1)(b), within two weeks after, as the case may be, (i) the rejection of an application, made in accordance with section 403.41, for the extension or correction, or (ii) the expiration of the extended period or specified period authorized under paragraph 403.41(1)(a) or (b). Grounds (3) A judge may not grant an order unless he or she is satisfied that the circumstances giving rise to the application arose by reason of one of the factors referred to in subsection 403.41(3). Contents of order (4) An order may require that the applicant satisfy any condition that the judge considers necessary for carrying out the purposes of this Act. Date of authorization (5) For the purposes of this Act, an extension or correction referred to in subsection (1) is authorized on the date of the order or, if the order specifies that conditions are to be met, the date as of which the applicant has met them. 2002-2003 Loi électorale 2001, c. 27, s. 214 24. Section 404 of the Act is replaced by the following: Ineligible contributors 404. (1) No person or entity other than an individual who is a citizen or permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act shall make a contribution to a registered party, a registered association, a candidate, a leadership contestant or a nomination contestant. Return of contributions (2) If a registered party, a registered association, a candidate, a leadership contestant or a nomination contestant receives a contribution from an ineligible contributor, the chief agent of the registered party, the financial agent of the registered association, the official agent of the candidate or the financial agent of the leadership contestant or nomination contestant, as the case may be, shall, within 30 days after becoming aware of the ineligibility, return the contribution unused to the contributor or, if that is not possible, pay the amount of it or, in the case of a non-monetary contribution, an amount of money equal to its commercial value, to the Chief Electoral Officer who shall forward that amount to the Receiver General. Provincial divisions (3) For greater certainty, contributions to and expenses of a provincial division of a registered party are contributions to and expenses of the party. Similarly, transfers to or by the division are transfers to or by the party. Registered agents (4) A provincial division of a registered party may, subject to any terms and conditions that it specifies, appoint registered agents. This Act applies to those agents as if they were registered agents appointed by the party under subsection 375(1). Contributions at electoral district level 404.1 (1) Despite subsection 404(1), contributions may be made by a corporation or a trade union that do not exceed (a) $1,000 in total in any calendar year to the registered associations, nomination contestants and candidates of a particular registered party; and �� C. 19 Canada E (b) $1,000 in total to a candidate for a particular election who is not the candidate of a registered party. If two elections in a year (1.1) Despite paragraph (1)(a), if two elections are held in an electoral district in a calendar year and a corporation or trade union has, before the polling day of the first election, made a contribution under that paragraph to the registered association, the nomination contestants or the candidate of a particular registered party in that electoral district, the corporation or trade union may make contributions not exceeding $1,000 in total to the registered association, the nomination contestants and the candidate of the registered party in that electoral district during the election period for the second election. Applicable in one electoral district only (1.2) A corporation or trade union may make contributions under subsection (1.1) in respect of the registered association, the nomination contestants and the candidate of any particular registered party in only one electoral district in any calendar year. If contribution made to unsuccessful nomination contestant (1.3) Despite paragraph (1)(a), if a corporation or trade union has in any calendar year made a contribution under that paragraph to an individual who is a nomination contestant in an electoral district in a nomination contest held in that year but who is not endorsed by the registered party as its candidate, the corporation or trade union may during that year make contributions not exceeding $1,000 in total to the endorsed candidate after he or she is endorsed. Restrictions (1.4) A corporation or trade union may make contributions under subsection (1.3) in respect of the candidate of any particular registered party in respect of only one election and in only one electoral district in any calendar year. Definitions (2) The following definitions apply in this section. 2002-2003 ‘‘corporation’’ « personne morale » Loi électorale ‘‘corporation’’ means a corporation together with (a) any other corporation controlled, directly or indirectly in any manner whatever, by the corporation; and (b) any other corporation that is controlled by the same person or group of persons that controls the corporation, directly or indirectly in any manner whatever. ‘‘trade union’’ « syndicat » ‘‘trade union’’ means any organization of employees — the purposes of which include the regulation of relations between employers and employees — together with all of its branches or locals. Ineligible contributors (3) The following are not eligible to make a contribution under subsection (1): (a) a corporation that does not carry on business in Canada; (b) a trade union that does not hold bargaining rights for employees in Canada; (c) a Crown corporation as defined in section 2 of the Financial Administration Act; and (d) a corporation in respect of which the Government of Canada contributes more than 50% of its funding. Contributions — inclusions and exclusions 404.2 (1) Any money that is used for a candidate’s, leadership contestant’s or nomination contestant’s campaign out of the candidate’s or contestant’s own funds is considered to be a contribution for the purposes of this Act. Exclusions — party, registered associations and candidates (2) A provision of goods or services or a transfer of funds is permitted and is not a contribution for the purposes of this Act if it is (a) from a registered party to an electoral district association of the party or a candidate endorsed by the party; (b) from a registered association to the party with which it is affiliated, another registered association of the party or a candidate endorsed by the party; �� C. 19 Canada E (c) from a candidate endorsed by a registered party to the party or a registered association of the party; or (d) from a candidate to himself or herself in his or her capacity as a nomination contestant in respect of the same election. Exclusions — leadership contestants and nomination contestants (3) A transfer of funds is permitted and is not a contribution for the purposes of this Act if it is (a) from a leadership contestant of a registered party to the party or a registered association of the party; (b) from a nomination contestant of a registered party to the party, the registered association of the party that held the nomination contest or the official agent of the candidate endorsed by the party in the electoral district in which the nomination contest was held; or (c) from a registered party to a leadership contestant with funds from a directed contribution referred to in subsection 404.3(3). Exception (4) A registered association, a nomination contestant or a candidate of a registered party may not transfer to the party any amount received in accordance with section 404.1 or 405.3. Exception (5) The provision, by an employer who is eligible to make a contribution, of a paid leave of absence during an election period to an employee for the purpose of allowing the employee to be a nomination contestant or candidate is not a contribution. Exception (6) The payment by an individual during a year of fees of not more than $25 per year in relation to a period of not more than 5 years for membership in a registered party is not a contribution. Certain transfers prohibited 404.3 (1) No registered party and no electoral district association of a registered party shall provide goods or services or transfer funds to a leadership contestant or a nomination contestant, unless the goods or services are offered equally to all contestants. 2002-2003 Loi électorale Definition of ‘‘directed contribution’’ (2) In this section, ‘‘directed contribution’’ means an amount, being all or part of a contribution made to a registered party, that the contributor requests in writing be transferred to a particular leadership contestant. Exception (3) Subsection (1) does not apply to an amount transferred out of a directed contribution by the registered party to the leadership contestant mentioned in the request if the party provides, with the amount transferred, a statement in the prescribed form setting out the name and address of the contributor, the amount and date of the contribution, the amount of the directed contribution, the amount that the party is transferring and the date of the transfer. Presumption (4) The amount of a directed contribution for transfer to a leadership contestant is deemed to be a contribution made by the contributor to the contestant. Issuance of receipts 404.4 (1) Any person who is authorized to accept contributions on behalf of a registered party, a registered association, a candidate, a leadership contestant or a nomination contestant shall issue a receipt — of which he or she shall keep a copy — for each contribution of more than $25 that he or she accepts. Record keeping (2) Where anonymous contributions of $25 or less per person are collected in response to a general solicitation at a meeting or fundraising event related to the affairs of a registered party, a registered association, a candidate, a leadership contestant, or a nomination contestant, the person authorized to accept those contributions must record the following: (a) a description of the function at which the contributions were collected; (b) the date of the function; (c) the approximate number of people at the function; and (d) the total amount of anonymous contributions accepted. 25. Section 405 of the Act is replaced by the following: �� Contribution limits C. 19 Canada E 405. (1) No individual shall make contributions that exceed (a) $5,000 in total in any calendar year to a particular registered party and its registered associations, nomination contestants and candidates; (b) $5,000 in total to a candidate for a particular election who is not the candidate of a registered party; and (c) $5,000 in total to the leadership contestants in a particular leadership contest. Exception (2) Subsection (1) does not apply to contributions that are made by way of an unconditional, non-discretionary testamentary disposition. Attribution of certain contributions (3) For the purposes of subsection (1), a contribution to a person who presents himself or herself as seeking the endorsement of a particular registered party shall be treated as a contribution referred to in paragraph (1)(a) to a candidate of that party and a contribution to a person who presents himself or herself as seeking to be a candidate not endorsed by any registered party shall be treated as a contribution referred to in paragraph (1)(b). Exception — certain contributions to own campaign (4) The following contributions shall not be taken into account in calculating contributions for the purposes of subsection (1): (a) contributions that do not exceed $5,000 in total by a nomination contestant or candidate of a registered party out of his or her own funds to his or her own campaign as a nomination contestant or candidate; (b) contributions that do not exceed $5,000 in total by a candidate for a particular election who is not the candidate of a registered party out of his or her own funds to his or her own campaign; and 2002-2003 Loi électorale (c) contributions that do not exceed $5,000 in total by a leadership contestant in a particular leadership contest out of his or her own funds to his or her own campaign. Deemed to be contributions (5) For the purposes of this Act, contributions made to a leadership contestant within 18 months after a leadership contest are deemed to be contributions for that contest. Adjustment for inflation 405.1 (1) The inflation adjustment factor applicable to the limits established under subsections 404.1(1) and 405(1) and paragraph 405.3(2)(b), in effect for a period of one year beginning on each April 1, is a fraction with (a) a numerator that is the annual average Consumer Price Index, as published by Statistics Canada under the authority of the Statistics Act, for the calendar year immediately before that date, calculated on the basis of 1992 being equal to 100; and (b) a denominator that is 119.0, which is the annual average Consumer Price Index, as published by Statistics Canada under the authority of the Statistics Act, for 2002, calculated on the basis of 1992 being equal to 100. Adjustment (2) The amounts set out in subsections 404.1(1) and 405(1) and paragraph 405.3(2)(b) shall be multiplied by the annual inflation adjustment factor referred to in subsection (1) and the resulting amounts apply (a) in the cases referred to in paragraphs 404.1(1)(a) and 405(1)(a) and subparagraph 405.3(2)(b)(i), during the calendar year that commences in that year; (b) in the cases referred to in paragraphs 404.1(1)(b) and 405(1)(b) and subparagraph 405.3(2)(b)(ii), with respect to an election whose writ is issued during that year; and (c) in the case referred to in paragraph 405(1)(c), with respect to a leadership contest that begins during that year. The resulting amounts shall be rounded to the nearest hundred dollars. �� Publication No circumvention of limits C. 19 Canada E (3) Before each April 1, the Chief Electoral Officer shall cause to be published in the Canada Gazette the amounts applicable from that date. 405.2 (1) No person or entity shall (a) circumvent, or attempt to circumvent, the prohibition under subsection 404(1) or a limit set out in subsection 404.1(1) or 405(1) or paragraph 405.3(2)(b); or (b) act in collusion with another person or entity for that purpose. No concealing of source of contribution (2) No person or entity shall (a) conceal, or attempt to conceal, the identity of the source of a contribution governed by this Act; or (b) act in collusion with another person or entity for that purpose. Prohibition — accepting excessive contributions (3) No person who is permitted to accept contributions under this Act shall knowingly accept a contribution that exceeds a limit under this Act. Prohibited agreements (4) No person or entity shall enter into an agreement for the provision for payment of goods or services to a registered party or a candidate that includes a term that any person will make a contribution, directly or indirectly, to a registered party, a registered association, a candidate, a leadership contestant or a nomination contestant. Prohibition — making indirect contributions 405.3 (1) No person or entity shall make a contribution to a registered party, a registered association, a candidate or a leadership contestant or a nomination contestant that comes from money, property or the services of another person or entity that was provided to that person or entity for that purpose. Exception (2) Despite subsections (1) and 404(1), an association may make contributions that come from money provided by individuals who are eligible, under subsection 404(1), to make contributions if 2002-2003 Loi électorale (a) the contributions are made to a registered association, a nomination contestant or a candidate; (b) the contributions do not exceed (i) $1,000 in total in any calendar year to the recipients referred to in paragraph (a) of a particular registered party, and (ii) $1,000 in total to a candidate for a particular election who is not the candidate of a registered party; and (c) the association provides, along with each contribution, a statement containing the following information: (i) the name and address of the individual who is responsible for the association, (ii) the amount of the contribution, and (iii) the name and address of each individual whose money forms part of the contribution, the amount of money provided by that individual that is included in the contribution and the date on which it was provided. If two elections in a year (2.1) Despite subparagraph (2)(b)(i), if two elections are held in an electoral district in a calendar year and an association has, before the polling day of the first election, made a contribution under that subparagraph to the registered association, the nomination contestants or the candidate of a particular registered party in that electoral district, the association may make contributions not exceeding $1,000 in total to the registered association, the nomination contestants and the candidate of the registered party in that electoral district during the election period for the second election. Applicable in one electoral district only (2.2) An association may make contributions under subsection (2.1) in respect of the registered association, the nomination contestants and the candidate of any particular registered party in only one electoral district in any calendar year. �� C. 19 Canada E If contribution made to unsuccessful nomination contestant (2.3) Despite subparagraph (2)(b)(i), if an association has in any calendar year made a contribution under that subparagraph to an individual who is a nomination contestant in an electoral district in a nomination contest held in that year but who is not endorsed by the registered party as its candidate, the association may during that year make contributions not exceeding $1,000 in total to the endorsed candidate after he or she is endorsed. Applicable in one electoral district only (2.4) An association may make contributions under subsection (2.3) in respect of the candidate of any particular registered party in respect of only one election and in only one electoral district in any calendar year. Definition of ‘‘association’’ (3) In this section, ‘‘association’’ means an unincorporated organization — other than a trade union — together with all of its branches, chapters or any other divisions. Declaration (4) Together with the information referred to in paragraph (2)(c), the individual who is responsible for the association shall provide a declaration that the information is complete and accurate. Prohibition (5) No individual responsible for an association shall knowingly make a false or misleading declaration relating to the information referred to in paragraph (2)(c). Amount to be taken into account (6) For the application of subsection 405(1), an amount of money provided by an individual that was included in a contribution referred to in subsection (2) shall be taken into account in a calculation of contributions by the individual. Return of contributions 405.4 If a registered party, a registered association, a candidate, a leadership contestant or a nomination contestant receives a contribution made in contravention of subsection 405(1), 405.2(4) or 405.3(1), the chief agent of the registered party, the financial agent of the registered association, the official agent of the candidate or the financial agent of the leadership contestant or nomination contestant, as the case may be, shall, within 30 days of becoming aware of the contravention, 2002-2003 Loi électorale return the contribution unused to the contributor, or, if that is not possible, pay the amount of it or, in the case of a non-monetary contribution, an amount of money equal to its commercial value, to the Chief Electoral Officer who shall forward that amount to the Receiver General. 26. Subsection 407(3) of the Act is amended by striking out the word ‘‘and’’ at the end of paragraph (c), by adding the word ‘‘and’’ at the end of paragraph (d) and by adding the following after paragraph (d): (e) the conduct of election surveys or other surveys or research during an election period. 27. Section 408 of the Act is replaced by the following: Contributions for ticketed fund-raising functions 408. If a fund-raising activity is held for the primary purpose of soliciting a monetary contribution for a registered party, a registered association, a candidate, a leadership contestant or a nomination contestant by way of selling a ticket, the amount of the monetary contribution received is the difference between the price of the ticket and the fair market value of what the ticket entitles the bearer to obtain. 27.1 The Act is amended by adding the following after section 409: Costs related to candidate’s representatives 409.1 Any expenses of a candidate that are incurred to remunerate the candidate’s representatives referred to in subsection 136(1) are deemed to be personal expenses of the candidate. 28. Subsection 410(1) of the Act is replaced by the following: Evidence of payment — $50 or more 410. (1) Where an expense of $50 or more was incurred under this Act by or on behalf of a registered party, a registered association, a candidate, a leadership contestant or a nomination contestant and paid by an agent or other person authorized under this Act to pay such an expense, the agent or other person must keep a copy of the invoice prepared by the person who provided the good or service to which the expense relates together with proof that it was paid. �� C. 19 Canada E 29. (1) Subsection 411(1) of the Act is amended by striking out the word ‘‘or’’ at the end of paragraph (a) and by adding the following after paragraph (b): (c) an electoral district agent of a registered association, as an expense incurred by the association; (d) a leadership campaign agent of a leadership contestant, as a leadership campaign expense; or (e) the financial agent of a nomination contestant, as a nomination campaign expense. (2) Subsection 411(3) of the Act is amended by striking out the word ‘‘or’’ at the end of paragraph (a) and by adding the following after paragraph (b): (c) in the case of a petty expense incurred on behalf of a registered association, the day on which it is incurred; (d) in the case of a petty expense incurred on behalf of a leadership contestant, the day on which it is incurred; and (e) in the case of a petty expense incurred on behalf of a nomination contestant, the day on which it is incurred. 30. (1) Subsection 412(2) of the Act is replaced by the following: Publication of returns on financial transactions (2) The Chief Electoral Officer shall, as soon as practicable after receiving them, in the manner that he or she considers appropriate, publish (a) the returns on financial transactions of registered parties and registered associations, and any updated versions of them; (b) the leadership campaign returns of leadership contestants and the returns in respect of contributions of leadership contestants required under subsection 435.31(1) or (2), any updated versions of them and any statements containing information with respect to contributions referred to in paragraph 435.06(2)(d); and 2002-2003 Loi électorale (c) the nomination campaign returns of nomination contestants and any updated versions of them. (2) Subsection 412(4) of the Act is replaced by the following: Publication of returns and statements of expenses of deregistered parties (4) As soon as practicable after receiving a return on financial transactions under subparagraph 392(a)(i) from a deregistered political party, the Chief Electoral Officer shall publish it in the manner that he or she considers appropriate. 31. Section 416 of the Act is amended by adding the following after subsection (2): Prohibition — accepting contributions (3) No person or entity, other than a registered agent of a registered party, shall accept contributions to the registered party. 32. (1) Paragraph 422(1)(a) of the Act is replaced by the following: (a) $0.70 multiplied by the number of names on the preliminary lists of electors for electoral districts in which the registered party has endorsed a candidate or by the number of names on the revised lists of electors for those electoral districts, whichever is greater, and (2) Paragraph 422(2)(a) is replaced by the following: (a) a transfer made by or on behalf of it to candidates in the election; or 33. The Act is amended by adding the following after section 423: Deemed Contributions Deemed contributions 423.1 (1) An unpaid claim mentioned in the financial transactions return referred to in subsection 424(1) or in an election expenses return referred to in subsection 429(1) that remains unpaid in whole or in part on the day that is 18 months after the end of the fiscal period to which the return relates or in which the polling day fell, as the case may be, is deemed to be a contribution to the registered party of the unpaid amount on the day on which the expense was incurred. �� When no deemed contribution C. 19 Canada E (2) Subsection (1) does not apply to an unpaid claim that, on the day referred to in that subsection, (a) is the subject of a binding agreement to pay; (b) is the subject of a legal proceeding to secure its payment; (c) is the subject of a dispute as to the amount the party was liable to pay or the amount that remains unpaid; or (d) has been written off by the creditor as an uncollectable debt in accordance with the creditor’s normal accounting practices. Notice by party (3) The chief agent of a registered party who believes that any of paragraphs (2)(a) to (d) applies to a liability to pay an amount shall so notify the Chief Electoral Officer before the day referred to in subsection (1). Publication of deemed contributions (4) As soon as practicable after the day referred to in subsection (1), the Chief Electoral Officer shall, in any manner that he or she considers appropriate, publish the list of claims that are deemed under subsection (1) to be contributions. 34. (1) Paragraph 424(1)(d) of the Act is repealed. (2) Paragraphs 424(2)(a) to (e) of the Act are replaced by the following: (a) the total contributions received by the registered party and the number of contributors; (b) the name and address of each contributor who made contributions of a total amount of more than $200 to the registered party, that total amount, as well as the amount of each such contribution and the date on which it was received by the party; (c) the name and address of each contributor who has made a contribution to the party that includes a directed contribution as defined in subsection 404.3(2), the amount of the contribution, the amount of the directed contribution and the date of the receipt of the contribution; (3) Paragraph 424(2)(h) of the Act is replaced by the following: 2002-2003 Loi électorale (h) a statement, for each electoral district, of the commercial value of goods or services provided and of funds transferred by the registered party to a candidate or the electoral district association; (h.1) a statement of each amount transferred to a leadership contestant out of a directed contribution as defined in subsection 404.3(2), the information referred to in paragraph (c) with respect to the contributor and the name of the leadership contestant to whom the amount has been transferred; (h.2) a statement of the commercial value of goods or services provided and of funds transferred to the registered party from any of its registered associations, a candidate, a leadership contestant or a nomination contestant; 34.1 The Act is amended by adding the following after section 424: Quarterly returns 424.1 (1) The chief agent of a registered party that is entitled under subsection 435.01(1) to a quarterly allowance shall, for each quarter of the fiscal period of the party, provide the Chief Electoral Officer with a return that includes the information required under paragraphs 424(2)(a) to (c), (h.2) and (k). Period for providing return (2) A quarterly return shall be provided within 30 days after the end of the period to which it relates. 35. Section 425 of the Act is replaced by the following: When contributions forwarded to Receiver General 425. A registered agent of a registered party shall, without delay, pay an amount of money equal to the value of a contribution received by the registered party, to the Chief Electoral Officer, who shall forward it to the Receiver General, if the name of the contributor of a contribution of more than $25, or the name or the address of the contributor having made contributions of a total amount of more than $200, is not known. 36. Subsection 426(1) of the Act is replaced by the following: �� Auditor’s report C. 19 Canada E 426. (1) The auditor of a registered party shall report to the party’s chief agent on the financial transactions return of the party and shall make any examination in accordance with generally accepted auditing standards that will enable the auditor to give an opinion in the report as to whether the return presents fairly the information contained in the financial records on which the return is based. 37. Section 428 of the Act and the heading before it are repealed. 38. Subsection 430(1) of the Act is replaced by the following: Auditor’s report on return on election expenses 430. (1) As soon as practicable after a general election, the auditor of a registered party shall report to its chief agent on its return on general election expenses and shall make any examination in accordance with generally accepted auditing standards that will enable the auditor to give an opinion in the report as to whether the return presents fairly the information contained in the financial records on which the return is based. 39. The portion of subsection 435(1) of the Act before paragraph (a) is replaced by the following: Certificate 435. (1) On receipt from a registered party of the documents referred to in subsection 429(1), the Chief Electoral Officer shall provide the Receiver General with a certificate that sets out the amount that is 50% of the registered party’s election expenses that were paid by its registered agents as set out in the return for its general election expenses, if 40. The Act is amended by adding the following after section 435: Quarterly Allowances Quarterly allowance 435.01 (1) The Chief Electoral Officer shall determine, for each quarter of a calendar year, an allowance payable to a registered party whose candidates for the most recent general election preceding that quarter received at that election at least (a) 2% of the number of valid votes cast; or (b) 5% of the number of valid votes cast in the electoral districts in which the registered party endorsed a candidate. 2002-2003 Computation of fund Loi électorale (2) An allowance fund for a quarter is the product of (a) $0.4375 multiplied by the number of valid votes cast in the election referred to in subsection (1), and (b) the inflation adjustment factor determined under subsection 405.1(1) that is in effect for that quarter. Computation of party’s allowance (3) Each such registered party’s allowance for a quarter is that part of the allowance fund for that quarter that corresponds to its percentage of valid votes cast in the election mentioned in subsection (1). Merger of parties (4) A merged party is entitled to the aggregate of the allowances to which the merging parties of which it is composed would have been entitled had they not merged. Certificate 435.02 (1) As soon as practicable after the end of each quarter, the Chief Electoral Officer shall provide the Receiver General with a certificate that sets out the amount of the allowance payable to a registered party for that quarter. Delay for non-compliance (2) If a registered party has not provided all the documents that it is required to provide under sections 424, 424.1 and 429, the Chief Electoral Officer shall postpone providing the certificate for any quarter until the party has provided those documents. Payment (3) The Receiver General shall, on receipt of a certificate, pay to the registered party out of the Consolidated Revenue Fund the amount set out in the certificate. The payment may also be made in whole or in part to any provincial division of the party, as authorized in writing by the leader of the party. Definition of ‘‘provincial division’’ (4) In this Act, ‘‘provincial division’’ means a division of a registered party for a province or territory in relation to which the leader of the party has provided the following to the Chief Electoral Officer: (a) the name of the division and of the province or territory; �� C. 19 Canada E (b) the name of the party; (c) the address of the office at which records of that division are maintained and to which communications may be addressed; (d) the names and addresses of the chief executive officer and other officers of the division; (e) the name and address of any registered agent appointed by the division; and (f) a declaration signed by the leader of the party certifying that the division is a division of the party. This Act applies to information provided under this subsection as if it were information referred to in paragraphs 366(2)(a) to (h). Report of changes in information (5) Within 15 days after a change in the information referred to in subsection (4), the chief executive officer of the provincial division shall report the change in writing to the chief agent of the registered party. DIVISION 3.1 REGISTRATION AND FINANCIAL ADMINISTRATION OF LEADERSHIP CONTESTANTS Registration Definition of ‘‘personal expenses’’ 435.03 In this Division, ‘‘personal expenses’’ of a leadership contestant means his or her expenses that are reasonably incurred in relation to his or her leadership campaign and include (a) travel and living expenses; (b) childcare expenses; (c) expenses relating to the provision of care for a person with a physical or mental incapacity for whom the contestant normally provides such care; and (d) in the case of a contestant who has a disability, additional personal expenses that are related to the disability. Notice of leadership contest 435.04 (1) If a registered party proposes to hold a leadership contest, the chief agent of the party shall file with the Chief Electoral Officer a statement setting out the dates on which the leadership contest is to begin and end. 2002-2003 Loi électorale Variation and cancellation (2) A registered party that proposes to vary the leadership contest period or to cancel a leadership contest shall file with the Chief Electoral Officer a statement setting out, as the case may be, the amended beginning date or ending date or the fact of its cancellation. Publication (3) The Chief Electoral Officer shall, in the manner that he or she considers appropriate, publish a notice containing the information referred to in subsections (1) and (2). Duty to register 435.05 (1) Every person who accepts contributions for, or incurs leadership campaign expenses in relation to, his or her campaign for the leadership of a registered party shall register as a leadership contestant. Deeming (2) For the purposes of this Part, a leadership contestant is deemed to have been a leadership contestant from the time he or she accepts a contribution or incurs a leadership campaign expense. Contents of application 435.06 (1) An application for registration as a leadership contestant must include the following: (a) the name of the leadership contestant; (b) the address of the place at which the records of the leadership contestant are maintained and to which communications may be addressed; (c) the name and address of the leadership contestant’s financial agent; and (d) the name and address of the leadership contestant’s appointed auditor. Accompanying documents (2) The application must be accompanied by the following: (a) the signed consent of the financial agent to so act; (b) the signed consent of the auditor to so act; (c) a declaration signed by the chief agent of the registered party holding the leadership contest certifying that the party accepts the applicant as a leadership contestant; and (d) a statement containing the information referred to in paragraphs 435.3(2)(d) and �� C. 19 Canada E (e) with respect to contributions received before the application for registration. Examination of application (3) The Chief Electoral Officer shall register a leadership contestant who meets the requirements set out in subsections (1) and (2). In the case of a refusal to register, the Chief Electoral Officer shall indicate which of those requirements have not been met. Registry 435.07 The Chief Electoral Officer shall maintain a registry of leadership contestants that contains the information referred to in subsection 435.06(1). Appointments 435.08 (1) A leadership contestant may, subject to any terms and conditions that the contestant specifies, appoint leadership campaign agents authorized to accept contributions and to incur and pay leadership campaign expenses for the contestant. Report of appointment (2) Within 30 days after the appointment of a leadership campaign agent, the leadership contestant shall provide the Chief Electoral Officer with a written report, certified by the contestant’s financial agent, that includes the name and address of the leadership campaign agent and any terms and conditions to which the appointment is subject. The Chief Electoral Officer shall enter that information in the registry of leadership contestants. Agents — ineligible persons 435.09 The following persons are not eligible to be the financial agent or a leadership campaign agent of a leadership contestant: (a) an election officer or a member of the staff of a returning officer; (b) a leadership contestant; (c) an auditor appointed as required by this Act; (d) a person who is not an elector; (e) an undischarged bankrupt; and (f) a person who does not have the capacity to enter into contracts in the province in which the person ordinarily resides. Auditor — eligibility 435.1 (1) Only the following are eligible to be an auditor for a leadership contestant: 2002-2003 Loi électorale (a) a person who is a member in good standing of a corporation, an association or an institute of professional accountants; or (b) a partnership of which every partner is a member in good standing of a corporation, an association or an institute of professional accountants. Auditor — ineligible persons (2) The following persons are not eligible to be an auditor for a leadership contestant: (a) election officers and members of the staff of returning officers; (b) chief agents of registered parties or eligible parties and registered agents of registered parties; (c) candidates and official agents of candidates; (d) electoral district agents of registered associations; (e) leadership contestants and their leadership campaign agents; (f) nomination contestants and their financial agents; and (g) financial agents of registered third parties. Where member of partnership appointed as agent (3) A person may be appointed as agent for a leadership contestant notwithstanding that the person is a member of a partnership that has been appointed as an auditor, in accordance with the Act for the registered party. Consent 435.11 A leadership contestant shall obtain from the financial agent or auditor, on appointment, their signed consent to so act. Replacement of financial agent or auditor 435.12 In the event of the death, incapacity, resignation or revocation of the appointment of the financial agent or auditor, a leadership contestant shall without delay appoint a replacement. Only one financial agent and auditor 435.13 A leadership contestant shall have no more than one financial agent and one auditor at a time. �� C. 19 Canada E Prohibition — agents 435.14 (1) No person who is not eligible to be the financial agent or a leadership campaign agent of a leadership contestant shall so act. Prohibition — auditor (2) No person who is not eligible to be an auditor of a leadership contestant shall so act. Changes in registered information 435.15 (1) Within 30 days after a change in the information referred to in subsection 435.06(1), a leadership contestant shall report the change in writing to the Chief Electoral Officer. New auditor or financial agent (2) A report under subsection (1) that involves the replacement of the auditor or financial agent of the leadership contestant must include a copy of the signed consent obtained under section 435.11. Registration of change (3) The Chief Electoral Officer shall enter any change in the information referred to in this section in the registry of leadership contestants. Withdrawal of a leadership contestant 435.16 A leadership contestant who withdraws from the leadership contest shall file with the Chief Electoral Officer a statement in writing to that effect signed by the contestant and indicating the date of the withdrawal. The Chief Electoral Officer shall indicate the withdrawal in the registry of leadership contestants. Notice of withdrawal of acceptance 435.17 A registered party that withdraws its acceptance of a leadership contestant shall file with the Chief Electoral Officer a statement in writing to that effect signed by the chief agent of the party and indicating the date of the withdrawal. The Chief Electoral Officer shall enter the withdrawal of acceptance in the registry of leadership contestants. Relieved of obligations 435.18 A leadership contestant who withdraws in accordance with section 435.16 or whose acceptance is withdrawn in accordance with section 435.17 is relieved of the obligation to provide returns under section 435.31 for any period after the withdrawal. 2002-2003 Notification of party Loi électorale 435.19 The Chief Electoral Officer shall, on becoming aware that a leadership contestant of a registered party has failed to comply with any requirement under this Division, notify the party accordingly. Financial Administration of Leadership Contestants Powers, Duties and Functions of Financial Agent Duty of financial agent 435.2 The financial agent of a leadership contestant is responsible for administering the contestant’s financial transactions for his or her leadership campaign and for reporting on those transactions in accordance with the provisions of this Act. Bank account 435.21 (1) The financial agent of a leadership contestant shall open, for the sole purpose of the contestant’s leadership campaign, a separate bank account in a Canadian financial institution as defined in section 2 of the Bank Act, or in an authorized foreign bank as defined in that section, that is not subject to the restrictions and requirements referred to in subsection 524(2) of that Act. Account holder name (2) The account must name the account holder as follows: ‘‘(name of financial agent), financial agent’’. Payments and receipts (3) All financial transactions of the leadership contestant in relation to the contestant’s leadership campaign that involve the payment or receipt of money are to be paid from or deposited to the account. Closure of bank account (4) The financial agent of a leadership contestant shall close the account after the end of the leadership contest or the withdrawal or death of the contestant and (a) after the subsequent disposal of any surplus leadership campaign funds in accordance with this Act; or (b) if there are unpaid claims at the end of the leadership contest, after those claims have been dealt with in accordance with this Act. �� C. 19 Canada E Final statement of bank account (5) The financial agent shall, on closing the account, provide the Chief Electoral Officer with the final statement of the account. Prohibition — accepting contributions 435.22 (1) No person, other than a leadership campaign agent of a leadership contestant, shall accept contributions to the contestant’s leadership campaign. Accepting certain transfers prohibited (2) No leadership campaign agent of a leadership contestant shall accept a transfer of funds from a registered party or registered association, except the transfer by a registered party of an amount out of a directed contribution as defined in subsection 404.3(2). Prohibition — paying leadership campaign expenses (3) No person or entity, other than a leadership campaign agent of the leadership contestant, shall pay leadership campaign expenses, other than personal expenses, of the contestant. Prohibition — incurring leadership campaign expenses (4) No person or entity, other than a leadership contestant or one of his or her leadership campaign agents, shall incur leadership campaign expenses of the contestant. Prohibition — contestant’s personal expenses (5) No person, other than a leadership contestant or his or her financial agent, shall pay the contestant’s personal expenses. Recovery of Claims Claim for payment 435.23 (1) A person who has a claim to be paid for an expense in relation to a leadership campaign shall send the invoice or other document evidencing the claim to (a) the leadership contestant’s financial agent; or (b) the leadership contestant, if there is no financial agent. Bar to recovery (2) A claimant is barred from recovery of a claim to be paid if the invoice or other document evidencing the claim is sent more than three months after the end of the leadership contest. Deceased claimant (3) If a claimant dies before the end of the three-month period, a new three-month period begins, for the purposes of subsection (1), on the day on which the claimant’s legal repre2002-2003 Loi électorale sentative becomes entitled to act for the claimant. Payment within 18 months 435.24 (1) A claim for leadership campaign expenses that has been sent in accordance with section 435.23 must be paid within 18 months after the end of the leadership contest. Exceptions (2) The requirement to pay a claim within 18 months does not apply to a claim in respect of which (a) the documents may be sent within a new period under subsection 435.23(3); (b) the Chief Electoral Officer has authorized payment under section 435.26; (c) a judge has authorized payment under section 435.27; or (d) proceedings have been commenced under section 435.28. Unenforceable contracts 435.25 A contract involving a leadership campaign expense in relation to a leadership contestant is not enforceable against the contestant unless entered into by the contestant personally or by one of the contestant’s leadership campaign agents. Irregular claims or payments — Chief Electoral Officer 435.26 (1) On the written application of a leadership contestant, of the contestant’s financial agent or of a person with a claim to be paid for a leadership campaign expense in relation to a leadership contestant, the Chief Electoral Officer may, on being satisfied that there are reasonable grounds for so doing, in writing authorize the payment, through the contestant’s financial agent, of the amount claimed if (a) the invoice or other document evidencing the claim was not sent in accordance with section 435.23; or (b) the payment was not made in accordance with subsection 435.24(1). Conditions (2) The Chief Electoral Officer may impose any term or condition that he or she considers appropriate on a payment authorized under subsection (1). �� Irregular claims and payments — judge C. 19 Canada E 435.27 On the application of a person with a claim to be paid for a leadership campaign expense in relation to a leadership contestant or on the application of the contestant’s financial agent or the contestant, as the case may be, a judge who is competent to conduct a recount may, on being satisfied that there are reasonable grounds for so doing, by order authorize the payment, through the contestant’s financial agent, of the amount claimed if (a) the applicant establishes that an authorization under subsection 435.26(1) has been refused and that the invoice or other document evidencing the claim was not sent in accordance with section 435.23 or the payment has not been made in the four-month period referred to in subsection 435.24(1); or (b) the amount claimed has not been paid in accordance with an authorization obtained under subsection 435.26(1) and the applicant establishes their inability to comply with the authorization for reasons beyond their control. The applicant shall notify the Chief Electoral Officer that the application has been made. Proceedings to recover payment 435.28 (1) A person who has sent a claim in accordance with section 435.23 may commence proceedings in a court of competent jurisdiction to recover any unpaid amount (a) at any time, if the leadership contestant or his or her financial agent refuses to pay that amount or disputes that it is payable; and (b) after the end of the period referred to in subsection 435.24(1) or any extension of that period authorized by subsection 435.26(1) or section 435.27, in any other case. Payment deemed properly made (2) An amount paid by the financial agent of a leadership contestant as a result of proceedings referred to in subsection (1) is deemed to have been paid in accordance with this Act. 2002-2003 Loi électorale Deemed contributions 435.29 (1) An unpaid claim mentioned in a return referred to in subsection 435.3(1) that, on the day that is 18 months after the end of the leadership contest, remains unpaid, in whole or in part, is deemed to be a contribution of the unpaid amount to the leadership contestant made as of the day on which the expense was incurred. When no deemed contribution (2) Subsection (1) does not apply to an unpaid claim that, on the day referred to in that subsection, (a) is the subject of a binding agreement to pay; (b) is the subject of a legal proceeding to secure its payment; (c) is the subject of a dispute as to the amount the leadership contestant was liable to pay or the amount that remains unpaid; or (d) has been written off by the creditor as an uncollectable debt in accordance with the creditor’s normal accounting practices. Notice (3) A leadership contestant or a financial agent who believes that any of paragraphs (2)(a) to (d) applies to a liability to pay an amount shall so notify the Chief Electoral Officer before the day referred to in subsection (1). Publication of deemed contributions (4) As soon as practicable after the day referred to in subsection (1), the Chief Electoral Officer shall, in any manner that he or she considers appropriate, publish the list of claims that are deemed under subsection (1) to be contributions. Return on Financing and Expenses in a Leadership Campaign Leadership campaign return 435.3 (1) The financial agent of a leadership contestant shall provide the Chief Electoral Officer with the following in respect of a leadership campaign: (a) a leadership campaign return, substantially in the prescribed form, on the financing and leadership campaign expenses for the leadership campaign; (b) the auditor’s report on the return, if one is required under subsection 435.33(1); �� C. 19 Canada E (c) a declaration, in the prescribed form, made by the financial agent that the return is complete and accurate; and (d) a declaration in the prescribed form made by the leadership contestant that the return is complete and accurate. Contents of return (2) The leadership campaign return shall include the following information in respect of the leadership contestant: (a) a statement of leadership campaign expenses; (b) a statement of disputed claims that are the subject of proceedings under section 435.28; (c) a statement of unpaid claims that are, or may be, the subject of an application under section 435.26 or 435.27; (d) the total contributions received by the leadership contestant and the number of contributors; (d.1) disclosure of all financial loans for the purposes of the campaign, including interest rates, repayment schedules and the name of the lender; (e) the name and address of each contributor who made contributions of a total amount of more than $200 to the leadership contestant, that total amount, as well as the amount of each such contribution and the date on which it was received by the contestant; (f) the name and address of each contributor who made a contribution that includes a directed contribution as defined in subsection 404.3(2) out of which an amount has been transferred by the party to the contestant, the amount of the contribution, the amount of the directed contribution, the amount transferred, as well as the dates of the receipt of the contribution and of the transfer; (g) a statement of the commercial value of goods or services provided and of funds transferred by the leadership contestant to a registered party or a registered association; and 2002-2003 Loi électorale (h) a statement of contributions received but returned to the contributor or otherwise dealt with in accordance with this Act. Supporting documents (3) Together with the leadership campaign return, the financial agent of a leadership contestant shall provide to the Chief Electoral Officer documents evidencing expenses set out in the return, including bank statements, deposit slips, cancelled cheques and the contestant’s written statement concerning personal expenses referred to in subsection 435.36(1). Order for additional supporting documents (4) If the Chief Electoral Officer is of the opinion that the documents provided under subsection (3) are not sufficient, the Chief Electoral Officer may require the financial agent to provide by a specified date any additional documents that are necessary to comply with that subsection. Loans (5) For the purpose of subsection (2), other than paragraph (2)(h), a contribution includes a loan. Period for providing documents (6) The documents referred to in subsection (1) must be provided to the Chief Electoral Officer within six months after the end of the leadership contest. Declaration of leadership contestant (7) A leadership contestant shall, within six months after the end of the leadership contest, send to his or her financial agent the declaration referred to in paragraph (1)(d). Death of leadership contestant (8) If a leadership contestant dies without having sent the declaration within the period referred to in subsection (7) (a) he or she is deemed to have sent the declaration in accordance with that subsection; and (b) the financial agent is deemed to have sent the declaration to the Chief Electoral Officer in accordance with subsection (1). Return on contributions 435.31 (1) The financial agent of a leadership contestant shall, for the period beginning on the first day of the leadership contest and ending on the day that is four weeks before the end of the leadership contest, provide the Chief Electoral Officer with a return that includes the information required under paragraphs 435.3(2)(d) to (h). �� C. 19 Canada E Weekly returns (2) The financial agent of a leadership contestant shall, for each of the three weeks after the end of the period referred to in subsection (1), provide the Chief Electoral Officer with such a return weekly. Period for providing return (3) A return referred to in subsection (1) or (2) shall be provided no later than one week after the end of the period to which it relates. When contributions forwarded to Receiver General 435.32 The financial agent of a leadership contestant shall, without delay, pay an amount of money equal to the value of a contribution that the contestant received to the Chief Electoral Officer, who shall forward it to the Receiver General, if the name of the contributor of a contribution of more than $25, or the name or the address of the contributor having made contributions of a total amount of more than $200, is not known. Auditor’s report 435.33 (1) As soon as practicable after the end of a leadership contest, the auditor of a leadership contestant who has accepted contributions of $5,000 or more in total or incurred leadership campaign expenses of $5,000 or more in total shall report to the contestant’s financial agent on the leadership campaign return and shall, in accordance with generally accepted auditing standards, make any examination that will enable the auditor to give an opinion in the report as to whether the return presents fairly the information contained in the financial records on which it is based. Statement (2) The auditor’s report shall include any statement that the auditor considers necessary if (a) the return does not present fairly the information contained in the financial records on which it is based; (b) the auditor has not received from the leadership contestant or his or her financial agent all the information and explanation that the auditor required; or (c) based on the examination, it appears that proper accounting records have not been kept by the financial agent. 2002-2003 Loi électorale Right of access (3) The auditor shall have access at any reasonable time to all documents of the leadership contestant and may require the contestant and his or her financial agent to provide any information or explanation that, in the auditor’s opinion, is necessary to enable the auditor to prepare the report. Ineligible to prepare report (4) A person referred to in subsection 435.1(2) who is a partner or an associate of an auditor of a leadership contestant or who is an employee of that auditor, or of the firm in which that auditor is a partner or associate, may not participate, other than in the manner referred to in subsection (3), in the preparation of the auditor’s report. Extended period for leadership contestants outside Canada 435.34 (1) Despite subsection 435.3(6), a leadership contestant who is outside Canada when the other documents referred to in subsection 435.3(1) are provided shall, within 14 days after returning to Canada, provide the Chief Electoral Officer with the leadership contestant’s declaration referred to in paragraph 435.3(1)(d). No extended period for financial agent (2) Subsection (1) does not apply to excuse a leadership contestant’s financial agent from complying with his or her obligations under this Act to prepare the return on the contestant’s leadership campaign expenses and make a declaration concerning it referred to in paragraph 435.3(1)(c). Updating financial reporting documents 435.35 (1) After the period referred to in subsection 435.3(6), the leadership contestant’s financial agent shall provide the Chief Electoral Officer with an updated version of any document referred to in subsection 435.3(1) that relates to a claim involving (a) an extended period of recoverability under subsection 435.23(3) because of the death of a claimant; (b) an authorization to pay under section 435.26; (c) an order to pay under section 435.27; or (d) a disputed claim under section 435.28. When no update for audit required (2) If the matters dealt with in the updated versions of the documents have been subject to an audit under section 435.33, an updated version of the auditor’s report need not be provided. �� C. 19 Canada E Period for providing update (3) The leadership contestant’s financial agent shall provide an updated version of a document referred to in subsection 435.3(1) within 30 days after making a payment that is dealt with in the updated version. Statement of personal expenses 435.36 (1) A leadership contestant shall, within five months after the end of the leadership contest, send to his or her financial agent a written statement in the prescribed form that (a) sets out the amount of any personal expenses that he or she paid and details of those personal expenses, including documentation of their payment; or (b) declares that he or she did not pay for any personal expenses. Death of contestant (2) Subsection (1) does not apply to a leadership contestant who dies without having sent the written statement referred to in that subsection before the end of the five-month period referred to in it. Corrections and Extended Reporting Periods Minor corrections — Chief Electoral Officer 435.37 (1) The Chief Electoral Officer may correct a document referred to in subsection 435.3(1) or 435.35(1), if the correction does not materially affect its substance. Corrections at request of Chief Electoral Officer (2) The Chief Electoral Officer may in writing request the leadership contestant or his or her financial agent to correct, within a specified period, a document referred to in subsection 435.3(1) or 435.35(1). Extension or correction — Chief Electoral Officer 435.38 (1) The Chief Electoral Officer, on the written application of a leadership contestant or his or her financial agent, may authorize (a) the extension of a period provided in subsection 435.3(4) or 435.35(3); or (b) the correction, within a specified period, of a document referred to in subsection 435.3(1) or updated document referred to in subsection 435.35(1). 2002-2003 Deadline Loi électorale (2) An application may be made (a) under paragraph (1)(a), within the period provided in subsection 435.3(4) or 435.35(3), as the case may be; and (b) under paragraph (1)(b), as soon as the applicant becomes aware of the need for correction. Grounds (3) The Chief Electoral Officer may not authorize an extension or correction unless he or she is satisfied by the evidence submitted by the applicant that the circumstances giving rise to the application arose by reason of (a) the illness of the applicant; (b) the absence, death, illness or misconduct of the financial agent or a predecessor; (c) the absence, death, illness or misconduct of a clerk or an officer of the financial agent, or a predecessor of one of them; or (d) inadvertence or an honest mistake of fact. Extension or correction — judge 435.39 (1) A leadership contestant or his or her financial agent may apply to a judge who is competent to conduct a recount for an order (a) relieving the contestant or financial agent from complying with a request referred to in subsection 435.37(2); or (b) authorizing an extension referred to in paragraph 435.38(1)(a) or correction referred to in paragraph 435.38(1)(b). The applicant shall notify the Chief Electoral Officer of the application. Deadline (2) An application may be made (a) under paragraph (1)(a), within the specified period referred to in subsection 435.37(2) or within the two weeks after the expiration of that period; or (b) under paragraph (1)(b), within two weeks after, as the case may be, (i) the rejection of an application, made in accordance with section 435.38, for the extension or correction, or �� C. 19 Canada E (ii) the expiration of the extended period or specified period authorized under paragraph 435.38(1)(a) or (b). Grounds (3) A judge may not grant an order unless he or she is satisfied that the circumstances giving rise to the application arose by reason of one of the factors referred to in subsection 435.38(3). Contents of order (4) An order under subsection (1) may require that the applicant satisfy any condition that the judge considers necessary for carrying out the purposes of this Act. Refusal or failure of financial agent 435.4 (1) A judge dealing with an application under section 435.39 or 435.41 who is satisfied that a leadership contestant or a financial agent has not provided the documents referred to in subsection 435.3(1) in accordance with this Act because of a refusal by, or a failure of, the financial agent or a predecessor of the financial agent shall, by order served personally, require the financial agent or that predecessor to appear before the judge. Show cause orders (2) The judge shall, unless the financial agent or predecessor on his or her appearance shows cause why an order should not be issued, order in writing that he or she (a) do anything that the judge considers appropriate in order to remedy the refusal or failure; or (b) be examined concerning any information that pertains to the refusal or failure. Recourse of contestant for fault of financial agent 435.41 A leadership contestant may apply to a judge who is competent to conduct a recount for an order that relieves the contestant from any liability or consequence under this or any other Act of Parliament in relation to an act or omission of the contestant’s financial agent, if the contestant establishes that (a) it occurred without his or her knowledge or acquiescence; or (b) he or she exercised all due diligence to avoid its occurrence. The applicant shall notify the Chief Electoral Officer that the application has been made. 2002-2003 Loi électorale Destruction of documents — judge 435.42 (1) A leadership contestant or his or her financial agent may apply to a judge who is competent to conduct a recount for an order relieving the financial agent from the obligation to provide a document referred to in subsection 435.3(1) or 435.35(1). The contestant or financial agent shall notify the Chief Electoral Officer that the application has been made. Grounds (2) The judge may not grant the order unless he or she is satisfied that the applicant cannot provide the documents because of their destruction by a superior force, including a flood, fire or other disaster. Date of relief (3) For the purposes of this Act, the applicant is relieved from the obligation referred to in subsection (1) on the date of the order. Prohibition — false, misleading or incomplete returns 435.43 No leadership contestant and no financial agent of a leadership contestant shall provide the Chief Electoral Officer with a document referred to in subsection 435.3(1) or 435.35(1) that (a) the contestant or the financial agent, as the case may be, knows or ought reasonably to know contains a material statement that is false or misleading; or (b) does not substantially set out the information required by subsection 435.3(2) or required to be updated under subsection 435.35(1). Surplus of Leadership Campaign Funds Surplus of leadership campaign funds 435.44 The surplus amount of leadership campaign funds that a leadership contestant receives for a leadership contest is the amount by which the sum of amounts referred to in subsection 404.3(3), contributions accepted by the leadership campaign agents on behalf of the contestant and any other amounts that were received by the contestant for his or her leadership campaign and that are not repayable is more than the sum of the contestant’s leadership campaign expenses paid under this Act and the transfers referred to in paragraph 404.2(3)(a). �� C. 19 Canada E Notice of assessment and estimate of surplus campaign funds 435.45 (1) If the Chief Electoral Officer estimates that a leadership contestant has a surplus of leadership campaign funds, the Chief Electoral Officer shall issue a notice of the estimated amount of the surplus to the contestant’s financial agent. Disposition of surplus by financial agent (2) The financial agent of a leadership contestant who has a surplus of leadership campaign funds but has not received a notice of estimated surplus under subsection (1) shall dispose of that estimated surplus within 60 days after the provision of the contestant’s leadership campaign return. Period for disposal of surplus funds 435.46 (1) The financial agent of a leadership contestant shall dispose of a surplus of leadership campaign funds within 60 days after receiving the notice of estimated surplus. Remittance of surplus (2) Surplus leadership campaign funds must be transferred to the registered party that is holding the leadership contest or a registered association of that party. Notice of disposal of surplus 435.47 (1) The financial agent of a leadership contestant shall, within seven days after disposing of the contestant’s surplus leadership campaign funds, notify the Chief Electoral Officer in the prescribed form of the amount and date of the disposal and to whom the surplus was transferred. Publication (2) As soon as practicable after the disposal of a leadership contestant’s surplus leadership campaign funds, the Chief Electoral Officer shall, in any manner that he or she considers appropriate, publish a notice referred to in subsection (1). 41. (1) Subsections 437(1) and (2) of the Act are replaced by the following: Bank account 437. (1) An official agent of a candidate shall open, for the sole purpose of the candidate’s electoral campaign, a separate bank account in a Canadian financial institution as defined in section 2 of the Bank Act, or in an authorized foreign bank as defined in that section, that is not subject to the restrictions and requirements referred to in subsection 524(2) of that Act. 2002-2003 Account holder name Loi électorale (2) The account must name the account holder as follows: ‘‘(name of official agent), official agent’’. (2) Subsection 437(4) of the Act is replaced by the following: Closure of bank account (4) After the election or the withdrawal or death of the candidate, the official agent of a candidate shall close the account once any unpaid claim or surplus of electoral funds has been dealt with in accordance with this Act. 42. Subsection 438(1) of the Act is repealed. 43. Subsection 450(1) of the Act is replaced by the following: Deemed contributions 450. (1) An unpaid claim mentioned in a return referred to in subsection 451(1) that, on the day that is 18 months after polling day for the election to which the return relates, remains unpaid, in whole or in part, is deemed to be a contribution of the unpaid amount to the candidate made as of the day on which the expense was incurred. 44. (1) Paragraph 451(1)(c) of the Act is repealed. (2) Paragraph 451(2)(c) of the Act is repealed. (3) Paragraph 451(2)(f) of the Act is replaced by the following: (f) a statement of contributions received from any of the following classes of contributor: individuals, corporations, trade unions and associations as defined in subsection 405.3(3); (4) Paragraph 451(2)(h) of the Act is replaced by the following: (g.1) in the case of a contributor that is an association as defined in subsection 405.3(3), (i) the name and address of the association, the amount of its contribution and the date on which it was received by the candidate, and (ii) the name and address of each individual whose money forms part of the contribution, the amount of money provided by that individual that is included �� C. 19 Canada E in the contribution and the date on which it was provided to the association; (h) the name and address of each other contributor in a class listed in paragraph (f) who made contributions of a total amount of more than $200 to the candidate, that total amount, as well as the amount of each such contribution and the date on which it was received by the candidate; (5) Paragraphs 451(2)(i) and (j) of the Act are replaced by the following: (i) a statement of the commercial value of goods or services provided and of funds transferred by the candidate to a registered party, to a registered association or to himself or herself in his or her capacity as a nomination contestant; (j) a statement of the commercial value of goods or services provided and of funds transferred to the candidate from a registered party, a registered association or a nomination contestant; and (6) Section 451 of the Act is amended by adding the following after subsection (2): Supporting documents (2.1) Together with the electoral campaign return, the official agent of a candidate shall provide to the Chief Electoral Officer documents evidencing expenses set out in the return, including bank statements, deposit slips, cancelled cheques, any statements and declarations provided to the official agent by virtue of paragraph 405.3(2)(c) and subsection 405.3(4) and the candidate’s written statement concerning personal expenses referred to in subsection 456(1). Order for additional supporting documents (2.2) If the Chief Electoral Officer is of the opinion that the documents provided under subsection (2.1) are not sufficient, the Chief Electoral Officer may require the official agent to provide by a specified date any additional documents that are necessary to comply with that subsection. 45. Paragraph 452(b) of the Act is replaced by the following: (b) the name of the contributor of a contribution of more than $25, the name or the address of the contributor having made 2002-2003 Loi électorale contributions of a total amount of more than $200 or the name of the chief executive officer or president of a contributor referred to in paragraph 451(2)(h.1) is not known. 46. Subsection 453(1) of the Act is replaced by the following: Auditor’s report on return on election expenses 453. (1) As soon as practicable after an election, the auditor of a candidate shall report to the candidate’s official agent on the electoral campaign return referred to in paragraph 451(1)(a) and shall, in accordance with generally accepted auditing standards, make any examination that will enable the auditor to give an opinion in the report as to whether the return presents fairly the information contained in the financial records on which it is based. 47. The portion of section 461 of the Act before paragraph (a) is replaced by the following: Recourse of candidate for fault of official agent 461. A candidate may apply to a judge who is competent to conduct a recount for an order that relieves the candidate from any liability or consequence under this or any other Act in relation to an act or omission of the candidate’s official agent, if the candidate establishes that 48. (1) Paragraph 464(1)(b) of the Act is replaced by the following: (b) the name of any candidate who received 10% or more of the number of valid votes cast; and (2) Subsection 464(2) of the Act is replaced by the following: Payment of partial reimbursement (2) On receipt of the certificate, the Receiver General shall pay the amount set out in it out of the Consolidated Revenue Fund to the official agent of any candidate named in the certificate as partial reimbursement for the candidate’s election expenses and personal expenses. The payment may be made to the person designated by the official agent. (3) The portion of subsection 464(3) of the Act before paragraph (a) is replaced by the following: �� Return of excess payment C. 19 Canada E (3) An official agent of a candidate shall without delay return to the Receiver General any amount received by him or her under subsection (2) that is more than 60% of the total of 49. (1) Paragraph 465(2)(a) of the English version of the Act is replaced by the following: (a) 50% of the sum of the candidate’s paid election expenses and paid personal expenses, less the partial reimbursement made under section 464, and (2) Paragraph 465(2)(b) of the Act is replaced by the following: (b) 50% of the election expenses limit provided for in section 440, less the partial reimbursement made under section 464. (2.1) Paragraphs 465(2)(a) and (b) of the Act, as amended by subsections (1) and (2), are replaced by the following: (a) 60% of the sum of the candidate’s paid election expenses and paid personal expenses, less the partial reimbursement made under section 464, and (b) 60% of the election expenses limit provided for in section 440, less the partial reimbursement made under section 464. (3) Subsection 465(3) of the Act is replaced by the following: Payment of final instalment (3) On receipt of the certificate, the Receiver General shall pay the amount set out in it out of the Consolidated Revenue Fund to the official agent of the candidate. The payment may be made to the person designated by the official agent. (4) Subsections (1) and (2) are deemed to have come into force on September 1, 2000. 2001, c. 21, s. 23(F) 50. Sections 466 and 467 of the Act are replaced by the following: 2002-2003 Loi électorale Reimbursement of auditor’s fees 466. On receipt of the documents referred to in subsection 451(1) and, if it applies, subsection 455(1), including the auditor’s report, and a copy of the auditor’s invoice for that report in an amount of $250 or more, the Chief Electoral Officer shall provide the Receiver General with a certificate that sets out the amount of the expenses incurred for the audit, up to a maximum of the lesser of 3% of the candidate’s election expenses and $1,500. Payment 467. On receipt of the certificate, the Receiver General shall pay the amount set out in it to the auditor out of the Consolidated Revenue Fund. 51. (1) Paragraph 468(1)(a) of the Act is replaced by the following: (a) each candidate, including one who has withdrawn under subsection 74(1), who the Chief Electoral Officer is satisfied has provided the documents under section 451 and returned any unused forms referred to in section 477, in accordance with subsection 478(2); and (2) Subsection 468(2) of the Act is replaced by the following: Payment (2) On receipt of the certificate, the Receiver General shall pay out of the Consolidated Revenue Fund the amount of each listed candidate’s nomination deposit to his or her official agent. The payment may be made to the person designated by the official agent. 52. Paragraph 469(a) of the Act is replaced by the following: (a) he or she is deemed for the purpose of section 464 to receive 10% of the valid votes cast in the electoral district in which he or she was a candidate; and 53. (1) Paragraph 470(1)(b) of the Act is replaced by the following: (b) each candidate is deemed to have obtained 10% of the votes that would have been validly cast at that deemed election; and �� C. 19 Canada E (2) The portion of paragraph 470(1)(c) of the Act before subparagraph (i) is replaced by the following: (c) on receipt of a certificate referred to in section 464 or 465, the Receiver General shall pay out of the Consolidated Revenue Fund to the candidate’s official agent — or may alternatively pay to the person designated by the agent — the lesser of 54. Paragraphs 471(3)(a) and (b) of the Act are replaced by the following: (a) any funds that the candidate transfers, during the election, to a registered party or a registered association; (b) any amount of a reimbursement referred to in paragraphs (2)(b) and (c) that the candidate transfers to that registered party; and (c) any funds transferred by the candidate under paragraph 404.2(2)(d). 55. Paragraph 473(2)(a) of the Act is replaced by the following: (a) in the case of a candidate who was endorsed by a registered party, to that party or to the registered association of that party in the candidate’s electoral district; or 56. Section 476 of the Act is replaced by the following: Prohibition — transfer of contributions 476. No registered agent of a registered party, financial agent of a registered association or financial agent of a nomination contestant shall transfer funds to a candidate after polling day except to pay claims related to the candidate’s electoral campaign. 57. The Act is amended by adding the following after section 478: DIVISION 5 NOMINATION CONTEST REPORT AND FINANCIAL ADMINISTRATION OF NOMINATION CONTESTANTS 2002-2003 Loi électorale Nomination Contest Report Definitions 478.01 The definitions in this section apply in this Division. ‘‘personal expenses’’ « dépense personnelle » ‘‘personal expenses’’ means the expenses that are reasonably incurred by or on behalf of a nomination contestant in relation to a nomination campaign and include (a) travel and living expenses; (b) childcare expenses; (c) expenses relating to the provision of care for a person with a physical or mental incapacity for whom the contestant normally provides such care; and (d) in the case of a contestant who has a disability, additional personal expenses that are related to the disability. ‘‘selection date’’ « date de désignation » ‘‘selection date’’ means the date on which a nomination contest is decided. Notice of nomination contest 478.02 (1) When a nomination contest is held, the registered party, or the registered association if the contest was held by the registered association, shall, within 30 days after the selection date, file with the Chief Electoral Officer a report setting out (a) the name of the electoral district, the registered association and the registered party that the nomination contest concerns; (b) the date on which the nomination contest began and the selection date; (c) the name and address of each nomination contestant as of the selection date and of his or her financial agent; and (d) the name of the person selected in the nomination contest. Notice (2) The Chief Electoral Officer shall, in the manner that he or she considers appropriate, communicate to each nomination contestant the information related to that contestant that was reported under subsection (1). Publication (3) The Chief Electoral Officer shall, in the manner that he or she considers appropriate, publish a notice containing the information referred to in subsection (1). �� C. 19 Canada E Deeming 478.03 For the purposes of this Part, a nomination contestant is deemed to have been a nomination contestant from the time he or she accepts a contribution or incurs a nomination campaign expense. Duty to appoint financial agent 478.04 No nomination contestant shall, in relation to his or her nomination campaign, accept contributions or incur nomination campaign expenses unless he or she has appointed a financial agent. Agents — ineligible persons 478.05 (1) The following persons are not eligible to be the financial agent of a nomination contestant: (a) an election officer or a member of the staff of a returning officer; (b) a candidate or a nomination contestant; (c) an auditor appointed as required by this Act; (d) a person who is not an elector; (e) an undischarged bankrupt; and (f) a person who does not have the capacity to enter into contracts in the province in which the person ordinarily resides. Where member of partnership appointed as agent (2) A person may be appointed as agent for a nomination contestant notwithstanding that the person is a member of a partnership that has been appointed as an auditor, in accordance with the Act for the registered party. Consent 478.06 A nomination contestant shall obtain from the financial agent, on appointment, their signed consent to so act. Replacement of financial agent 478.07 In the event of the death, incapacity, resignation or revocation of the appointment of the financial agent, a nomination contestant shall without delay appoint a replacement. Only one financial agent 478.08 A nomination contestant shall have no more than one financial agent at a time. Prohibition — agents 478.09 No person who is not eligible to be the financial agent of a nomination contestant shall so act. 2002-2003 Loi électorale Changes in reported information 478.1 (1) Within 30 days after a change in the information referred to in paragraph 478.02(1)(c), a nomination contestant shall report the change in writing to the Chief Electoral Officer. New financial agent (2) A report under subsection (1) that involves the replacement of the financial agent of the nomination contestant must include a copy of the signed consent under section 478.06. Financial Administration of Nomination Contestants Powers, Duties and Functions of Financial Agent Duty of financial agent 478.11 The financial agent of a nomination contestant is responsible for administering the contestant’s financial transactions for his or her nomination campaign and for reporting on those transactions in accordance with the provisions of this Act. Bank account 478.12 (1) The financial agent of a nomination contestant shall open, for the sole purpose of the contestant’s nomination campaign, a separate bank account in a Canadian financial institution as defined in section 2 of the Bank Act, or in an authorized foreign bank as defined in that section, that is not subject to the restrictions and requirements referred to in subsection 524(2) of that Act. Account holder name (2) The account must name the account holder as follows: ‘‘(name of financial agent), financial agent’’. Payments and receipts (3) All financial transactions of the nomination contestant in relation to the contestant’s nomination campaign that involve the payment or receipt of money are to be paid from or deposited to the account. Closure of bank account (4) After the selection date, the financial agent of a nomination contestant shall close the account once any unpaid claims or surplus nomination campaign funds have been dealt with in accordance with this Act. �� C. 19 Canada E Final statement of bank account (5) The financial agent shall, on closing the account, provide the Chief Electoral Officer with the final statement of the account. Prohibition — accepting contributions 478.13 (1) No person, other than the financial agent of a nomination contestant, shall accept contributions to the contestant’s nomination campaign. Accepting certain contributions prohibited (2) No financial agent of a nomination contestant shall accept a transfer from a registered party or registered association. Prohibition — paying nomination campaign expenses (3) No person or entity, other than the financial agent of a nomination contestant, shall pay nomination campaign expenses, other than personal expenses, of the contestant. Prohibition — incurring nomination campaign expenses (4) No person or entity, other than a nomination contestant or his or her financial agent, shall incur nomination campaign expenses of the contestant. Prohibition — contestant’s personal expenses (5) No person, other than a nomination contestant or his or her financial agent, shall pay the contestant’s personal expenses. Limits on expenses 478.14 The limit for nomination campaign expenses — other than personal expenses as defined in section 478.01 — that is allowed for a nomination contestant in an electoral district is the amount (a) that is 20% of the limit that was allowed under section 440 for a candidate’s election expenses in that electoral district during the immediately preceding general election, if the boundaries for the electoral district have not changed since then; or (b) that the Chief Electoral Officer determines, in any other case. Prohibition — expenses more than maximum 478.15 (1) No nomination contestant or financial agent of a nomination contestant shall incur nomination campaign expenses — other than personal expenses as defined in section 478.01 — in an amount that is more than the limit allowed for that electoral district under section 478.14. 2002-2003 Prohibition — collusion Loi électorale (2) No person or entity shall (a) circumvent, or attempt to circumvent, the limit referred to in section 478.14; or (b) act in collusion with another person or entity for that purpose. Recovery of Claims Claim for payment 478.16 (1) A person who has a claim to be paid for an expense in relation to a nomination campaign shall send the invoice or other document evidencing the claim to (a) the nomination contestant’s financial agent; or (b) the nomination contestant, if there is no financial agent. Bar to recovery (2) A claimant is barred from recovery of a claim to be paid if the invoice or other document evidencing the claim is sent more than three months after the selection date. Deceased claimant (3) If a claimant dies before the end of the three-month period, a new three-month period begins, for the purposes of subsection (1), on the day on which the claimant’s legal representative becomes entitled to act for the claimant. Payment within four months 478.17 (1) A claim for nomination campaign expenses that has been sent in accordance with section 478.16 must be paid within four months after the selection date, or in the case referred to in subsection 478.23(7), the polling day. Exceptions (2) The requirement to pay a claim within four months does not apply to a claim in respect of which (a) the documents may be sent within a new period under subsection 478.16(3); (b) the Chief Electoral Officer has authorized payment under section 478.19; (c) a judge has authorized payment under section 478.2; or (d) proceedings have been commenced under section 478.21. �� C. 19 Canada E Unenforceable contracts 478.18 A contract involving a nomination campaign expense in relation to a nomination contestant is not enforceable against the contestant unless entered into by the contestant personally or by the contestant’s financial agent. Irregular claims or payments — Chief Electoral Officer 478.19 (1) On the written application of a person with a claim to be paid for a nomination campaign expense in relation to a nomination contestant or of the contestant’s financial agent or the contestant in relation to such a claim, the Chief Electoral Officer may, on being satisfied that there are reasonable grounds for so doing, in writing authorize the payment, through the contestant’s financial agent, of the amount claimed if (a) the invoice or other document evidencing the claim was not sent in accordance with section 478.16; or (b) the payment was not made in accordance with subsection 478.17(1). Conditions (2) The Chief Electoral Officer may impose any term or condition that he or she considers appropriate on a payment authorized under subsection (1). Irregular claims and payments — judge 478.2 On the application of a person with a claim to be paid for a nomination campaign expense in relation to a nomination contestant or on the application of the contestant’s financial agent or the contestant, as the case may be, a judge who is competent to conduct a recount may, on being satisfied that there are reasonable grounds for so doing, by order authorize the payment, through the contestant’s financial agent, of the amount claimed if (a) the applicant establishes that an authorization under subsection 478.19(1) has been refused and that the invoice or other document evidencing the claim was not sent in accordance with section 478.16 or the payment has not been made in the four-month period referred to in subsection 478.17(1); or (b) the amount claimed has not been paid in accordance with an authorization obtained under subsection 478.19(1) and the appli2002-2003 Loi électorale cant establishes their inability to comply with the authorization for reasons beyond their control. The applicant shall notify the Chief Electoral Officer that the application has been made. Proceedings to recover payment 478.21 (1) A person who has sent a claim in accordance with section 478.16 may commence proceedings in a court of competent jurisdiction to recover any unpaid amount (a) at any time, if the nomination contestant or his or her financial agent refuses to pay that amount or disputes that it is payable; or (b) after the end of the period referred to in subsection 478.17(1) or any extension of that period authorized by subsection 478.19(1) or section 478.2, in any other case. Payment deemed properly made (2) An amount paid by the financial agent of a nomination contestant as a result of proceedings referred to in subsection (1) is deemed to have been paid in accordance with this Act. Deemed contributions 478.22 (1) An unpaid claim mentioned in a return referred to in subsection 478.23(1) that remains unpaid, in whole or in part, on the day that is 18 months after the selection date — or in the case referred to in subsection 478.23(7), after the polling day — is deemed to be a contribution of the unpaid amount to the nomination contestant made as of the day on which the expense was incurred. When no deemed contribution (2) Subsection (1) does not apply to an unpaid claim that, on the day referred to in that subsection, (a) is the subject of a binding agreement to pay; (b) is the subject of a legal proceeding to secure its payment; (c) is the subject of a dispute as to the amount the nomination contestant was liable to pay or the amount that remains unpaid; or (d) has been written off by the creditor as an uncollectable debt in accordance with the creditor’s normal accounting practices. �� C. 19 Canada E Notice (3) A nomination contestant or a financial agent who believes that any of paragraphs (2)(a) to (d) applies to a liability to pay an amount shall so notify the Chief Electoral Officer before the day referred to in subsection (1). Publication of deemed contributions (4) As soon as practicable after the day referred to in subsection (1), the Chief Electoral Officer shall, in any manner that he or she considers appropriate, publish the list of claims that are deemed under subsection (1) to be contributions. Return on Financing and Expenses in a Nomination Campaign Nomination campaign return 478.23 (1) The financial agent of a nomination contestant who has accepted contributions of $1,000 or more in total or incurred nomination campaign expenses of $1,000 or more in total shall provide the Chief Electoral Officer with the following in respect of a nomination campaign: (a) a nomination campaign return, substantially in the prescribed form, on the financing and nomination campaign expenses for the nomination campaign; (b) if the appointment of an auditor is required under subsection 478.25(1), the auditor’s report on the return made under section 478.28; (c) a declaration, in the prescribed form, made by the financial agent that the return is complete and accurate; and (d) a declaration, in the prescribed form, made by the nomination contestant that the return is complete and accurate. Contents of return (2) The nomination campaign return shall include the following in respect of the nomination contestant: (a) a statement of nomination campaign expenses; (b) a statement of disputed claims that are the subject of proceedings under section 478.21; 2002-2003 Loi électorale (c) a statement of unpaid claims that are, or may be, the subject of an application under section 478.19 or 478.2; (d) a statement of contributions received from any of the following classes of contributor: individuals, corporations, trade unions and associations as defined in subsection 405.3(3); (e) the number of contributors in each class listed in paragraph (d); (e.1) in the case of a contributor that is an association as defined in subsection 405.3(3), (i) the name and address of the association, the amount of its contribution and the date on which it was received by the nomination contestant, and (ii) the name and address of each individual whose money forms part of the contribution, the amount of money provided by that individual that is included in the contribution and the date on which it was provided to the association; (f) the name and address of each other contributor who made contributions of a total amount of more than $200 to the nomination contestant, that total amount, as well as the amount of each such contribution and the date on which it was received by the contestant; (g) in the case of a numbered company that is a contributor referred to in paragraph (f), the name of the chief executive officer or president of that company; (h) a statement of the commercial value of goods or services provided and of funds transferred by the nomination contestant to a registered party, a registered association, or a candidate; (i) a statement of the commercial value of goods or services provided and of funds transferred to the nomination contestant from himself or herself in his or her capacity as a candidate; and (j) a statement of the contributions received but returned to the contributor or otherwise dealt with in accordance with this Act. �� C. 19 Canada E Supporting documents (3) Together with the nomination campaign return, the financial agent of a nomination contestant shall provide to the Chief Electoral Officer documents evidencing expenses set out in the return, including bank statements, deposit slips, cancelled cheques, any statements and declarations provided to the financial agent by virtue of paragraph 405.3(2)(c) and subsection 405.3(4) and the contestant’s written statement concerning personal expenses referred to in subsection 478.31(1). Order for additional supporting documents (4) If the Chief Electoral Officer is of the opinion that the documents provided under subsection (3) are not sufficient, the Chief Electoral Officer may require the financial agent to provide by a specified date any additional documents that are necessary to comply with that subsection. Loans (5) For the purpose of subsection (2), other than paragraph (2)(i), a contribution includes a loan. Period for providing documents (6) The documents referred to in subsection (1) must be provided to the Chief Electoral Officer within four months after the selection date. Exception (7) Despite subsection (6), if the selection date of a nomination contest falls within an election period for that electoral district or the 30 days before it, a nomination contestant may submit the documents referred to in subsection (1) within the period for candidates referred to in subsection 451(4). Declaration of nomination contestant (8) A nomination contestant shall, within four months after the selection date, send to his or her financial agent the declaration referred to in paragraph (1)(d). Death of nomination contestant (9) If a nomination contestant dies without having sent the declaration within the period referred to in subsection (8), (a) he or she is deemed to have sent the declaration in accordance with that subsection; and (b) the financial agent is deemed to have sent the declaration to the Chief Electoral Officer in accordance with subsection (1). 2002-2003 When contributions forwarded to Receiver General Loi électorale 478.24 The financial agent of a nomination contestant shall, without delay, pay an amount of money equal to the value of a contribution received by the contestant to the Chief Electoral Officer who shall forward it to the Receiver General, if (a) the financial agent cannot determine to which of the classes listed in paragraph 478.23(2)(d) the contributor belongs; or (b) the name of the contributor of a contribution of more than $25, the name or the address of the contributor having made contributions of a total amount of more than $200 or the name of the chief executive officer or president of a contributor referred to in paragraph 478.23(2)(g) is not known. Appointment of auditor 478.25 (1) A nomination contestant who has accepted contributions of $10,000 or more in total or incurred nomination campaign expenses of $10,000 or more in total must appoint an auditor without delay. Eligibility criteria (2) The following are eligible to be an auditor for a nomination contestant: (a) a person who is a member in good standing of a corporation, an association or an institute of professional accountants; or (b) a partnership every partner of which is a member in good standing of a corporation, an association or an institute of professional accountants. Ineligibility criteria (3) The following persons are not eligible to be an auditor for a nomination contestant: (a) election officers and members of the staff of returning officers; (b) chief agents of registered parties or eligible parties and registered agents of registered parties; (c) candidates and official agents of candidates; (d) electoral district agents of registered associations; (e) leadership contestants and their leadership campaign agents; (f) nomination contestants and their financial agents; and �� C. 19 Canada E (g) financial agents of registered third parties. Notification of appointment (4) Every nomination contestant, without delay after an auditor is appointed, must provide the Chief Electoral Officer with the auditor’s name, address, telephone number and occupation and a signed declaration by the auditor accepting the appointment. New auditor (5) If a nomination contestant’s auditor is replaced, the contestant must, without delay, provide the Chief Electoral Officer with the new auditor’s name, address, telephone number and occupation and a signed declaration accepting the appointment. Only one auditor 478.26 A nomination contestant shall have no more than one auditor at a time. Prohibition — auditors 478.27 No person who is not eligible to be an auditor of a nomination contestant shall so act. Auditor’s report 478.28 (1) An auditor of a nomination contestant appointed in accordance with subsection 478.25(1) shall, as soon as practicable after the selection date, report to the nomination contestant’s financial agent on the nomination campaign return for that campaign and shall, in accordance with generally accepted auditing standards, make any examination that will enable the auditor to give an opinion in the report as to whether the return presents fairly the information contained in the financial records on which it is based. Statement (2) The auditor’s report shall include any statement that the auditor considers necessary if (a) the return does not present fairly the information contained in the financial records on which it is based; (b) the auditor has not received from the nomination contestant or his or her financial agent all the information and explanation that the auditor required; or (c) based on the examination, it appears that proper accounting records have not been kept by the financial agent. 2002-2003 Loi électorale Right of access (3) The auditor shall have access at any reasonable time to all documents of the nomination contestant, and may require the contestant and his or her financial agent to provide any information or explanation that, in the auditor’s opinion, is necessary to enable the auditor to prepare the report. Ineligible to prepare report (4) A person referred to in subsection 478.25(3) who is a partner or an associate of an auditor of a nomination contestant or who is an employee of that auditor, or of the firm in which that auditor is a partner or associate, may not participate, other than in the manner referred to in subsection (3), in the preparation of the auditor’s report. Extended period for nomination contestants outside Canada 478.29 (1) Despite subsection 478.23(6), a nomination contestant who is outside Canada when the other documents referred to in subsection 478.23(1) are provided shall, within 14 days after returning to Canada, provide the Chief Electoral Officer with the nomination contestant’s declaration concerning his or her nomination campaign return referred to in paragraph 478.23(1)(d). No extended period for financial agent (2) Subsection (1) does not apply to excuse a nomination contestant’s financial agent from complying with his or her obligations under this Act to prepare the return on the contestant’s nomination campaign expenses and make a declaration concerning it referred to in paragraph 478.23(1)(c). Updating financial reporting documents 478.3 (1) After the period referred to in subsection 478.23(6) or (7), as the case may be, the nomination contestant’s financial agent shall provide the Chief Electoral Officer with an updated version of any document referred to in subsection 478.23(1) that relates to a claim involving (a) an extended period of recoverability under subsection 478.16(3) because of the death of a claimant; (b) an authorization to pay under section 478.19; (c) an order to pay under section 478.2; or (d) a disputed claim under section 478.21. �� C. 19 Canada E When no update for audit required (2) If the matters dealt with in the updated versions of the documents have been subject to an audit under section 478.28, an updated version of the auditor’s report need not be provided. Period for providing update (3) The nomination contestant’s financial agent shall provide an updated version of a document referred to in subsection 478.23(1) within 30 days after making a payment that is dealt with in the updated version. Statement of personal expenses 478.31 (1) A nomination contestant shall, within three months after the selection date, send to his or her financial agent a written statement in the prescribed form that (a) sets out the amount of any personal expenses that he or she paid and details of those personal expenses, including documentation of their payment; or (b) declares that he or she did not pay for any personal expenses. Death of contestant (2) Subsection (1) does not apply to a nomination contestant who dies without having sent the written statement referred to in that subsection before the end of the threemonth period referred to in it. Corrections and Extended Reporting Periods Minor corrections — Chief Electoral Officer 478.32 (1) The Chief Electoral Officer may correct a document referred to in subsection 478.23(1) or 478.3(1), if the correction does not materially affect its substance. Corrections at request of Chief Electoral Officer (2) The Chief Electoral Officer may in writing request the nomination contestant or his or her financial agent to correct, within a specified period, a document referred to in subsection 478.23(1) or 478.3(1). Extension or correction — Chief Electoral Officer 478.33 (1) The Chief Electoral Officer, on the written application of a nomination contestant or his or her financial agent, may authorize (a) the extension of a period provided in subsection 478.23(6) or 478.3(3); or (b) the correction, within a specified period, of a document referred to in subsection 478.23(1) or updated document referred to in subsection 478.3(1). 2002-2003 Deadline Loi électorale (2) An application may be made (a) under paragraph (1)(a), within the period provided in subsection 478.23(6) or 478.3(3), as the case may be; and (b) under paragraph (1)(b), as soon as the applicant becomes aware of the need for correction. Grounds (3) The Chief Electoral Officer may not authorize an extension or correction unless he or she is satisfied by the evidence submitted by the applicant that the circumstances giving rise to the application arose by reason of (a) the illness of the applicant; (b) the absence, death, illness or misconduct of the financial agent or a predecessor; (c) the absence, death, illness or misconduct of a clerk or an officer of the financial agent, or a predecessor of one of them; or (d) inadvertence or an honest mistake of fact. Extension or correction — judge 478.34 (1) A nomination contestant or his or her financial agent may apply to a judge who is competent to conduct a recount for an order (a) relieving the contestant or financial agent from complying with a request referred to in subsection 478.32(2); or (b) authorizing an extension referred to in paragraph 478.33(1)(a) or correction referred to in paragraph 478.33(1)(b). The applicant shall notify the Chief Electoral Officer of the application. Deadline (2) An application may be made (a) under paragraph (1)(a), within the specified period referred to in subsection 478.32(2) or within the two weeks after the expiration of that period; or (b) under paragraph (1)(b), within two weeks after, as the case may be, (i) the rejection of an application, made in accordance with section 478.33, for the extension or correction, or �� C. 19 Canada E (ii) the expiration of the extended period or specified period authorized under paragraph 478.33(1)(a) or (b). Grounds (3) A judge may not grant an order unless he or she is satisfied that the circumstances giving rise to the application arose by reason of one of the factors referred to in subsection 478.33(3). Contents of order (4) An order under subsection (1) may require that the applicant satisfy any condition that the judge considers necessary for carrying out the purposes of this Act. Refusal or failure of financial agent 478.35 (1) A judge dealing with an application under section 478.34 or 478.36 who is satisfied that a nomination contestant or a financial agent has not provided the documents referred to in subsection 478.23(1) in accordance with this Act because of a refusal by, or a failure of, the financial agent or a predecessor of the financial agent shall, by order served personally, require the financial agent or that predecessor to appear before the judge. Show cause orders (2) The judge shall, unless the financial agent or predecessor on his or her appearance shows cause why an order should not be issued, order in writing that the agent or predecessor (a) do anything that the judge considers appropriate in order to remedy the refusal or failure; or (b) be examined concerning any information that pertains to the refusal or failure. Recourse of contestant for fault of financial agent 478.36 A nomination contestant may apply to a judge who is competent to conduct a recount for an order that relieves the contestant from any liability or consequence under this or any other Act of Parliament in relation to an act or omission of the contestant’s financial agent, if the contestant establishes that (a) it occurred without his or her knowledge or acquiescence; or (b) he or she exercised all due diligence to avoid its occurrence. The contestant or his or her financial agent shall notify the Chief Electoral Officer that the application has been made. 2002-2003 Loi électorale Destruction of documents — judge 478.37 (1) A nomination contestant or his or her financial agent may apply to a judge who is competent to conduct a recount for an order relieving the financial agent from the obligation to provide a document referred to in subsection 478.23(1) or 478.3(1). The contestant or financial agent shall notify the Chief Electoral Officer that the application has been made. Grounds (2) The judge may not grant the order unless he or she is satisfied that the applicant cannot provide the documents because of their destruction by a superior force, including a flood, fire or other disaster. Date of relief (3) For the purposes of this Act, the applicant is relieved from the obligation referred to in subsection (1) on the date of the order. Prohibition — false, misleading or incomplete returns 478.38 No nomination contestant and no financial agent of a nomination contestant shall provide the Chief Electoral Officer with a document referred to in subsection 478.23(1) or 478.3(1) that (a) the contestant or the financial agent, as the case may be, knows or ought reasonably to know contains a material statement that is false or misleading; or (b) does not substantially set out the information required by subsection 478.23(2) or required to be updated under subsection 478.3(1). Surplus of Nomination Campaign Funds Surplus of nomination campaign funds 478.39 The surplus amount of nomination campaign funds that a nomination contestant receives for a nomination contest is the amount by which the contributions accepted by the financial agent on behalf of the contestant and any other amounts received by the contestant for his or her nomination campaign that are not repayable are more than the contestant’s nomination campaign expenses paid under this Act and any transfers referred to in paragraph 404.2(3)(b). �� C. 19 Canada E Notice of assessment and estimate of surplus campaign funds 478.4 (1) If the Chief Electoral Officer estimates that a nomination contestant has a surplus of nomination campaign funds, the Chief Electoral Officer shall issue a notice of the estimated amount of the surplus to the contestant’s financial agent. Disposition of surplus by financial agent (2) The financial agent of a nomination contestant who has a surplus of nomination campaign funds but has not received a notice of estimated surplus under subsection (1) shall dispose of that estimated surplus within 60 days after the provision of the contestant’s nomination campaign return. Period for disposal of surplus funds 478.41 (1) The financial agent of a nomination contestant shall dispose of a surplus of nomination campaign funds within 60 days after receiving the notice of estimated surplus. Remittance of surplus (2) Surplus nomination campaign funds must be transferred to (a) the official agent of the candidate endorsed by the registered party in the electoral district in which the nomination contest was held; or (b) the registered association that held the nomination contest or the registered party for whose endorsement the contest was held. Notice of disposal of surplus 478.42 (1) The financial agent of a nomination contestant shall, within seven days after disposing of the contestant’s surplus nomination campaign funds, notify the Chief Electoral Officer in the prescribed form of the amount and date of the disposal and to whom the surplus was transferred. Publication (2) As soon as practicable after the disposal of a nomination contestant’s surplus nomination campaign funds, the Chief Electoral Officer shall, in any manner that he or she considers appropriate, publish a notice referred to in subsection (1). 58. (1) Paragraphs 497(1)(e) to (g) of the Act are replaced by the following: (e) being a chief agent of a deregistered political party, contravenes section 392 (failure to provide financial transactions return or election expenses return or related documents); 2002-2003 Loi électorale (2) Subsection 497(1) of the Act is amended by adding the following after paragraph (h): (h.01) being an electoral district association, contravenes section 403.01 (failure to register); (h.02) being an electoral district association of a registered party, contravenes section 403.04 (financial activity during an election period); (h.03) being a registered association, contravenes section 403.05 (failure to provide statement of assets and liabilities or related documents); (h.031) being the financial agent of a registered association, contravenes section 403.051 (making erroneous declaration); (h.04) being a registered association, contravenes subsection 403.09(2) (failure to comply with requirements re: appointment of electoral district agent); (h.05) being a registered association, contravenes section 403.12, 403.13 or 403.14 (failure to comply with requirements re: appointment of financial agent or auditor); (h.06) being a registered association, contravenes subsection 403.16(1) (failure to report changes to registered association information); (h.07) being a registered association, contravenes section 403.17 (failure to confirm validity of information concerning association); (h.08) being the financial agent of a deregistered electoral district association, contravenes section 403.26 (failure to provide financial transactions return for fiscal period or related documents); (h.09) being the financial agent of a registered association, contravenes subsection 403.35(1), (2) or (4) (failure to provide financial transactions return or related documents); �� C. 19 Canada E (h.1) being the financial agent of a registered association, contravenes section 403.36 (failure to forward certain contributions); (h.11) being the financial agent of a registered association, contravenes paragraph 403.38(b) (providing incomplete financial transactions return); (3) Paragraph 497(1)(i) of the Act is replaced by the following: (i) being a person or entity, contravenes subsection 404(1) (making contribution while ineligible); (i.1) being the chief agent of a registered party, the financial agent of a registered association, the official agent of a candidate or the financial agent of a leadership contestant or nomination contestant, contravenes subsection 404(2) (failure to return or pay amount of ineligible contribution); (i.2) being a registered party or an electoral district association of one, contravenes subsection 404.3(1) (making prohibited transfer); (i.3) being a person who is authorized to accept contributions on behalf of a registered party, a registered association, a candidate, a leadership contestant or a nomination contestant, contravenes section 404.4 (failure to issue receipt); (i.4) being a person or entity, contravenes subsection 405.2(1) (circumventing contribution limit); (i.5) being a person or entity, contravenes subsection 405.2(2) (concealing source of contribution); (i.6) being a person or entity, contravenes subsection 405.3(1) (making contribution from others’ contributions); (i.7) being a person authorized under this Act to accept contributions, contravenes section 405.4 (failure to return or pay amount of contribution); 2002-2003 Loi électorale (3.1) Subsection 497(1) of the Act is amended by adding the following after paragraph (m): (m.1) being a chief agent, contravenes section 424.1 (failure to provide quarterly return); (4) Paragraph 497(1)(p) of the Act is repealed. (5) Subsection 497(1) of the Act is amended by adding the following after paragraph (q): (q.01) being a chief agent, contravenes paragraph 431(b) (providing incomplete election expenses return); (q.011) being the chief executive officer of a provincial division, contravenes subsection 435.02(5) (failure to report provincial division changes); (q.02) being a registered party, contravenes subsection 435.04(1) or (2) (failure to inform of leadership contest or related changes); (q.03) being a person, contravenes subsection 435.05(1) (failure to register for a leadership contest); (q.04) being a leadership contestant, contravenes subsection 435.08(2) or section 435.11, 435.12 or 435.13 (failure to comply with requirements re: appointment of leadership campaign agent, financial agent or auditor); (q.05) being a leadership contestant, contravenes subsection 435.15(1) or (2) (failure to report changes to leadership contestant information); (q.06) being a leadership contestant, contravenes section 435.16 (failure to file statement of withdrawal); (q.07) being a registered party, contravenes section 435.17 (failure to file statement of withdrawal of acceptance); (q.08) being the financial agent of a leadership contestant, contravenes section 435.21 (failure to satisfy bank account requirements); �� C. 19 Canada E (q.09) being a leadership contestant or the financial agent of one, contravenes section 435.24 (failure to pay recoverable claim in timely manner); (q.1) being the financial agent of a leadership contestant, contravenes subsection 435.3(1), (2) or (6) (failure to provide leadership campaign return or related documents); (q.11) being the financial agent of a leadership contestant, fails to comply with a requirement of the Chief Electoral Officer under subsection 435.3(4); (q.12) being a leadership contestant, contravenes subsection 435.3(7) (failure to send declaration re: leadership campaign return to agent); (q.13) being the financial agent of a leadership contestant, contravenes any of subsections 435.31(1) to (3) (failure to provide return on contributions or related documents); (q.14) being the financial agent of a leadership contestant, contravenes section 435.32 (failure to forward certain contributions); (q.15) being the financial agent of a leadership contestant, contravenes subsection 435.35(1) or (3) (failure to provide updated financial reporting documents); (q.16) being a leadership contestant or the financial agent of one, contravenes paragraph 435.43(b) (providing incomplete financial return); (q.17) being the financial agent of a leadership contestant, contravenes subsection 435.45(2) or section 435.46 (failure to dispose of surplus leadership campaign funds); (6) Paragraph 497(1)(u) of the Act is replaced by the following: 2002-2003 Loi électorale (u) being an official agent, contravenes subsection 451(1), (2), (3) or (4) (failure to provide electoral campaign return or related documents); (u.1) being an official agent, fails to comply with a requirement of the Chief Electoral Officer under subsection 451(2.2); (7) Paragraph 497(1)(z.1) of the Act is replaced by the following: (z.1) being a registered agent or financial agent, contravenes section 476 (improper or unauthorized transfer of contributions); (8) Subsection 497(1) of the Act is amended by adding the following after paragraph (z.2): (z.21) being a registered party or registered association, contravenes subsection 478.02(1) (failure to notify of nomination contest); (z.22) being a nomination contestant, contravenes section 478.04 (failure to appoint financial agent); (z.23) being a nomination contestant, contravenes section 478.06, 478.07 or 478.08 (failure to comply with requirements re: appointment of financial agent); (z.24) being a nomination contestant, contravenes subsection 478.1(1) or (2) (failure to report changes in nomination contestant information); (z.25) being the financial agent of a nomination contestant, contravenes section 478.12 (failure to satisfy bank account requirements); (z.26) being a nomination contestant or the financial agent of one, contravenes subsection 478.15(1) (exceeding nomination campaign expenses limit); (z.27) being a nomination contestant or the financial agent of one, contravenes subsection 478.17(1) (failure to pay recoverable claim in timely manner); (z.28) being the financial agent of a nomination contestant, contravenes subsection 478.23(1), (2) or (6) (failure to provide �� C. 19 Canada E nomination campaign return or related documents); (z.29) being the financial agent of a nomination contestant, fails to comply with a requirement of the Chief Electoral Officer under subsection 478.23(4); (z.3) being a nomination contestant, contravenes subsection 478.23(8) (failure to send declaration re: nomination campaign return to agent); (z.31) being the financial agent of a nomination contestant, contravenes section 478.24 (failure to forward certain contributions); (z.32) being a nomination contestant, contravenes subsection 478.25(1) (failure to appoint auditor); (z.33) being a nomination contestant, contravenes subsection 478.25(4) or (5) or section 478.26 (failure to comply with requirements re: appointment of auditor); (z.34) being the financial agent of a nomination contestant, contravenes subsection 478.3(1) or (3) (failure to provide updated financial reporting documents); (z.35) being the financial agent of a nomination contestant, contravenes paragraph 478.38(b) (providing incomplete financial return); or (z.36) being the financial agent of a nomination contestant, contravenes subsection 478.4(2) or section 478.41 (failure to dispose of surplus nomination campaign funds). (9) Paragraph 497(2)(a) of the Act is replaced by the following: (a) being a person or entity other than an electoral district agent of a registered association, knowingly contravenes subsection 403.28(1) or (2) (paying or incurring registered association’s expenses while ineligible); 2002-2003 Loi électorale (a.1) not being an electoral district agent or a registered agent, knowingly contravenes subsection 403.28(3) or 416(3) (accepting contributions while ineligible); (a.2) not being the financial agent of a registered association, knowingly contravenes subsection 403.28(4) (accepting or making transfers while ineligible); (10) Paragraphs 497(3)(c) to (e) of the Act are replaced by the following: (c) being a chief agent of a deregistered political party, wilfully contravenes section 392 (failure to provide final transactions return or election expenses return or related documents); (11) Subsection 497(3) of the Act is amended by adding the following after paragraph (f): (f.01) being an electoral district association, wilfully contravenes section 403.01 (failure to register); (f.02) being an electoral district association of a registered party, wilfully contravenes section 403.04 (financial activity during an election period); (f.03) being a registered association, wilfully contravenes section 403.05 (failure to provide statement of assets and liabilities or related documents); (f.031) being the financial agent of a registered association, knowingly contravenes section 403.051 (making erroneous declaration); (f.04) being a registered association, wilfully contravenes subsection 403.09(2) (failure to comply with requirements re: appointment of electoral district agent); (f.05) being a person, wilfully contravenes subsection 403.15(1) or (2) (acting as financial agent or auditor when ineligible to do so); (f.06) being the financial agent of a deregistered electoral district association, wilfully contravenes section 403.26 (failure to pro�� C. 19 Canada E vide financial transactions return for fiscal period or related documents); (f.07) being the financial agent of a registered association, wilfully contravenes subsection 403.35(1), (2) or (4) (failure to provide financial transactions return or related documents); (f.08) being the financial agent of a registered association, wilfully contravenes section 403.36 (failure to forward certain contributions); (f.09) being the financial agent of a registered association, contravenes paragraph 403.38(a) (providing financial transactions return containing false or misleading information); (f.1) being a person or entity, knowingly contravenes subsection 404(1) (making contribution while ineligible); (f.11) being a registered party or an electoral district association of one, wilfully contravenes subsection 404.3(1) (making prohibited transfer); (f.12) being a person who is authorized to accept contributions on behalf of a registered party, a registered association, a candidate, a leadership contestant or a nomination contestant, wilfully contravenes section 404.4 (failure to issue receipt); (f.13) being an individual, wilfully contravenes subsection 405(1) (exceeding contribution limit); (f.14) being a person or entity, knowingly contravenes subsection 405.2(1) (circumventing contribution limit); (f.15) being a person or entity, knowingly contravenes subsection 405.2(2) (concealing source of contribution); (f.16) being a person entitled to accept contributions under this Act, contravenes subsection 405.2(3) (knowingly accepting excessive contribution); (f.161) being a person or entity, knowingly contravenes subsection 405.2(4) (entering prohibited agreement); 2002-2003 Loi électorale (f.17) being a person or entity, wilfully contravenes subsection 405.3(1) (making contribution from others’ contributions); (f.18) being an individual, contravenes subsection 405.3(5) (knowingly making a false or misleading declaration); (f.19) being a person authorized under this Act to accept contributions, wilfully contravenes section 405.4 (failure to return or pay amount of contribution); (11.1) Subsection 497(3) of the Act is amended by adding the following after paragraph (i): (i.1) being a chief agent, wilfully contravenes section 424.1 (failure to provide quarterly return); (12) Paragraph 497(3)(l) of the Act is repealed. (13) Subsection 497(3) of the Act is amended by adding the following after paragraph (m): (m.01) being a registered party, wilfully contravenes subsection 435.04(1) or (2) (failure to inform of leadership contest or related changes); (m.02) being a person, wilfully contravenes subsection 435.05(1) (failure to register for a leadership contest); (m.03) being a person, wilfully contravenes subsection 435.14(1) or (2) (acting as financial agent or auditor when ineligible to do so); (m.04) being a leadership contestant, wilfully contravenes section 435.16 (failure to file statement of withdrawal); (m.05) being a registered party, wilfully contravenes section 435.17 (failure to file statement of withdrawal of acceptance); (m.06) being a person other than a leadership campaign agent, knowingly contravenes subsection 435.22(1) (acceptance of contribution while ineligible); �� C. 19 Canada E (m.07) being a leadership campaign agent, knowingly contravenes subsection 435.22(2) (accepting prohibited contribution); (m.08) being a person or entity, knowingly contravenes subsection 435.22(3) or (4) (paying or incurring expenses for specified purposes while ineligible); (m.09) being a person, knowingly contravenes subsection 435.22(5) (paying personal expenses of leadership contestant while ineligible); (m.1) being the financial agent of a leadership contestant, wilfully contravenes subsection 435.3(1), (2) or (6) (failure to provide leadership campaign return or related documents); (m.11) being the financial agent of a leadership contestant, wilfully fails to comply with a requirement of the Chief Electoral Officer under subsection 435.3(4); (m.12) being a leadership contestant, wilfully contravenes subsection 435.3(7) (failure to send declaration re: leadership campaign return to agent); (m.13) being the financial agent of a leadership contestant, wilfully contravenes any of subsections 435.31(1) to (3) (failure to provide return on contributions or related documents); (m.14) being the financial agent of a leadership contestant, wilfully contravenes section 435.32 (failure to forward certain contributions); (m.15) being the financial agent of a leadership contestant, wilfully contravenes subsection 435.35(1) or (3) (failure to provide updated financial reporting documents); (m.16) being a leadership contestant or the financial agent of one, contravenes paragraph 435.43(a) or knowingly contravenes paragraph 435.43(b) (providing document containing false or misleading information or that is substantially incomplete); (m.17) being the financial agent of a leadership contestant, wilfully contravenes 2002-2003 Loi électorale subsection 435.45(2) or section 435.46 (failure to dispose of surplus leadership campaign funds); (14) Paragraph 497(3)(n) of the Act is replaced by the following: (n) being a person other than an official agent, contravenes subsection 438(2) or (3) (accepting or issuing receipts for contributions), being a person or entity, other than a candidate, official agent or person authorized under paragraph 446(c), contravenes subsection 438(4) or (5) (paying or incurring electoral campaign expenses) or, being a person other than a candidate or official agent, contravenes subsection 438(6) (paying candidate’s personal expenses); (15) Paragraph 497(3)(r) of the Act is replaced by the following: (r) being an official agent, wilfully contravenes subsection 451(1), (2), (3) or (4) (failure to provide electoral campaign return or related documents); (r.1) being an official agent, wilfully fails to comply with a requirement of the Chief Electoral Officer under subsection 451(2.2); (16) Subsection 497(3) of the Act is amended by striking out the word ‘‘or’’ at the end of paragraph (w) and by replacing paragraph (x) with the following: (x) being a registered agent, financial agent or official agent, knowingly contravenes �� C. 19 Canada E section 476 (unauthorized or improper transfer of contributions); (y) being a registered party or registered association, knowingly contravenes subsection 478.02(1) (failure to notify of nomination contest); (z) being a person, wilfully contravenes section 478.09 (acting as financial agent when ineligible to do so); (z.01) being a person other than the financial agent of a nomination contestant, knowingly contravenes subsection 478.13(1) (acceptance of contribution while ineligible); (z.02) being the financial agent of a nomination contestant, knowingly contravenes subsection 478.13(2) (accepting prohibited contribution); (z.03) being a person or entity, knowingly contravenes subsection 478.13(3), (4) or (5) (paying or incurring expenses for specified purposes or paying personal expenses while ineligible); (z.04) being a nomination contestant or the financial agent of one, wilfully contravenes subsection 478.15(1) (exceeding nomination campaign expenses limit); (z.05) being a person or entity, contravenes subsection 478.15(2) (circumventing nomination campaign expenses limit); (z.06) being the financial agent of a nomination contestant, wilfully contravenes subsection 478.23(1), (2) or (6) (failure to provide nomination campaign return or related documents); (z.07) being the financial agent of a nomination contestant, wilfully fails to comply with a requirement of the Chief Electoral Officer under subsection 478.23(4); (z.08) being a nomination contestant, wilfully contravenes subsection 478.23(8) (failure to send declaration re: nomination campaign return to agent); (z.09) being the financial agent of a nomination contestant, wilfully contravenes section 478.24 (failure to forward certain contributions); 2002-2003 Loi électorale (z.1) being a person, wilfully contravenes section 478.27 (acting as auditor when ineligible to do so); (z.11) being the financial agent of a nomination contestant, wilfully contravenes subsection 478.3(1) or (3) (failure to provide updated financial reporting documents); (z.12) being a nomination contestant or the financial agent of one, contravenes paragraph 478.38(a) or knowingly contravenes paragraph 478.38(b) (providing document containing false or misleading information or that is substantially incomplete); or (z.13) being the financial agent of a nomination contestant, wilfully contravenes subsection 478.4(2) or section 478.41 (failure to dispose of surplus nomination campaign funds). (17) Subsection 497(4) of the Act is replaced by the following: When certain proceedings may be brought (4) No proceedings may be commenced with respect to a failure to provide a return or other document to the Chief Electoral Officer before the expiration of the period within which an application may be made under this Act for an extension of the period within which that return or document is to be provided. 59. (1) Subsection 503(1) of the Act is replaced by the following: Deregistered parties 503. (1) A political party that is deregistered during an election period does not commit an offence under paragraph 496(1)(a) or (2)(a) if the party, during the portion of the election period before the deregistration, has spent more than the spending limit set out in section 350. �� C. 19 Canada E (2) Subsection 503(3) of the Act is replaced by the following: Prior expenses applied against spending limit (3) If subsection (1) or (2) applies, election advertising expenses incurred before the deregistration or before the day referred to in subsection (2), as the case may be, shall be applied against the spending limit set out in section 350 and, if the limit has been exceeded, the party shall not incur any additional election advertising expenses. 2001, c. 21, s. 24 60. Section 504 of the Act is replaced by the following: Judicial proceedings and compliance agreements 504. In the case of judicial proceedings or a compliance agreement involving an eligible party, a registered party, a deregistered political party or an electoral district association, (a) the party or association is deemed to be a person; and (b) any act or thing done or omitted to be done by an officer, a chief agent or other registered agent of the party, or by an officer, the financial agent or other electoral district agent of the association within the scope of their authority to act, is deemed to be an act or thing done or omitted to be done by the party or association, as the case may be. 61. Sections 506 and 507 of the Act are replaced by the following: Deregistered party 506. A deregistered political party whose chief agent commits an offence under paragraph 497(1)(e) or (3)(c) is guilty of an offence and liable on summary conviction to a fine of not more than $25,000. Registered party 507. A registered party whose chief agent commits an offence under any of paragraphs 497(1)(l), (m), (n), (o), (q) and (q.01) and (3)(g), (i), (j) and (m) is guilty of an offence and liable on summary conviction to a fine of not more than $25,000. 62. Section 511 of the Act is replaced by the following: 2002-2003 Loi électorale Commissioner may prosecute 511. (1) If the Commissioner believes on reasonable grounds that an offence under this Act has been committed and is of the view that the public interest justifies it, the Commissioner may institute a prosecution or cause one to be instituted. Search and seizure (2) For the purposes of section 487 of the Criminal Code, any person charged by the Commissioner with duties relating to the administration or enforcement of this Act is deemed to be a public officer. 63. (1) Subsection 514(1) of the Act is replaced by the following: Limitation period 514. (1) A prosecution for an offence under this Act must be instituted within 18 months after the day on which the Commissioner becomes aware of the facts giving rise to the prosecution and not later than seven years after the day on which the offence was committed. (2) Section 514 of the Act is amended by adding the following after subsection (2): Commissioner’s certificate (3) A document purporting to have been issued by the Commissioner, certifying the day on which the Commissioner became aware of the facts giving rise to a prosecution, is admissible in evidence without proof of the signature or of the official character of the person appearing to have signed the document and, in the absence of any evidence to the contrary, is proof of the matter asserted in it. 63.1 The Act is amended by adding the following after section 536: Political financing 536.1 After the submission to the House of Commons of a report under section 535 in relation to the first general election following the coming into force of this section, any committee of that House to which the report is referred shall, in addition to considering the report, consider the effects of the provisions of this Act concerning political financing that came into force on the same day as this section. ��� C. 19 Canada E 64. Subsection 541(1) of the Act is replaced by the following: Inspection of instructions, correspondence and other reports 541. (1) All documents referred to in section 403.35, 424, 429, 435.3, 435.35, 451, 455, 478.23 or 478.3, all other reports or statements, other than election documents received from election officers, all instructions issued by the Chief Electoral Officer under this Act, all decisions or rulings by him or her on points arising under this Act and all correspondence with election officers or others in relation to an election are public records and may be inspected by any person on request during business hours. TRANSITIONAL PROVISIONS Prior contributions 65. A contribution made before the coming into force of this section shall not be taken into account for the purposes of subsections 404.1(1) and 405(1) of the Canada Elections Act, as enacted by this Act. Coming into force during an election period 66. (1) If this section comes into force during an election period, the Canada Elections Act, as it read immediately before the coming into force of this section, applies with respect to that election and all related obligations and rights including obligations to report and rights to reimbursement of election expenses. Prior elections (2) For greater certainty, the Canada Elections Act, as it read immediately before the coming into force of this section, applies with respect to any election that preceded the coming into force of this section and to all related obligations or rights including obligations to report and rights to reimbursement of election expenses. Coming into force during a leadership contest 67. If this section comes into force during a competition for the selection of the leader of a registered party, the Canada Elections Act, as amended by this Act, does not apply with respect to that competition. 2002-2003 Loi électorale Suspended party 68. A political party whose registration is suspended immediately before this section comes into force is deregistered on the day on which it comes into force. The Canada Elections Act, as amended by this Act, applies with respect to the deregistration. Financial reporting — registered parties 69. (1) Despite section 66, for the fiscal period of a registered party during which this section comes into force, (a) sections 424 to 427 and 429 to 431 of the Canada Elections Act, as amended by this Act, apply in respect of the documents that the registered party must provide in relation to that fiscal period; and (b) with respect to contributions accepted by a registered party during that fiscal period and before the coming into force of this section, subsection 424(2) shall apply as if paragraphs 424(2)(a) to (c.1) of the Canada Elections Act, as they read immediately before the coming into force of this section, continued to be in force except that paragraph 424(2)(c) shall be applied without regard to the words ‘‘for its use, either directly or through one of its electoral district associations or a trust fund established for the election of a candidate endorsed by the registered party’’. Prior fiscal period (2) Sections 424 to 428 of the Canada Elections Act, as they read immediately before the coming into force of this section, apply with respect to the documents that a registered party must provide in relation to any fiscal period ending before the coming into force of this section. Electoral campaign return of candidate 70. For the electoral campaign return of a candidate filed after this section comes into force, (a) sections 451 to 456 of the Canada Elections Act, as amended by this Act, apply; and (b) with respect to contributions accepted by a candidate before the coming into force of this section, subsection 451(2) ��� C. 19 Canada E shall apply as if paragraphs 451(2)(f) to (h.1) of the Canada Elections Act, as they read immediately before the coming into force of this section, continued to be in force except that paragraph 451(2)(h) shall be applied without regard to the words ‘‘either directly or through a registered party that endorses the candidate or through one of its trust funds, a trust fund established for the election of the candidate or an electoral district association’’. Proportionate allowance 71. (1) For the quarter during which this section comes into force, the allowance payable to a registered party under section 435.02 of the Canada Elections Act, as enacted by this Act, shall be proportionate to that part of the quarter during which that section is in force. Advance payment (2) The allowance payable to a registered party under section 435.02 of the Canada Elections Act, as enacted by section 40 of this Act, for the quarter during which this section comes into force and for any remaining quarters of the year during which it comes into force shall be estimated on the basis of the most recent general election preceding the coming into force of this section and paid within 30 days after its coming into force. Subsection 435.02(2) of the Canada Elections Act, as enacted by this Act, applies to that payment with any modifications that may be required. Advance payment to be taken into account (3) In the application of sections 435.01 and 435.02 of the Canada Elections Act, as enacted by this Act, any amount paid under subsection (2) in relation to a quarter shall be taken into account. A registered party that received an amount under subsection (2) for a quarter that is in excess of the amount to which it is entitled under those sections for that quarter shall without delay return to the Receiver General the amount of that excess. The Receiver General may reduce any other amount payable to the party by the amount of that excess. 2002-2003 Next general election R.S., c. 1, (5th Supp.) Monetary contributions — Canada Elections Act Loi électorale 72. For the first general election after the coming into force of this section, the reference to ‘‘50%’’ in subsection 435(1) of the Canada Elections Act, as enacted by this Act, shall be read as a reference to ‘‘60%’’. INCOME TAX ACT 73. (1) Subsections 127(3) to (4.1) of the Income Tax Act are replaced by the following: (3) There may be deducted from the tax otherwise payable by a taxpayer under this Part for a taxation year in respect of the total of all amounts each of which is a monetary contribution referred to in the Canada Elections Act made by the taxpayer in the year to a registered party, a provincial division of a registered party, a registered association or a candidate, as those terms are defined in that Act, (a) when that total does not exceed $400, 75% of that total, (b) when that total exceeds $400 and does not exceed $750, $300 plus 50% of the amount by which that total exceeds $400, and (c) when that total exceeds $750, the lesser of (i) $650, and (ii) $475 plus 33 1/3% of the amount by which the total exceeds $750, Issue of receipts Authorization required for receipts from registered associations if payment of each monetary contribution that is included in that total is evidenced by filing with the Minister a receipt, signed by the agent authorized under that Act to accept that monetary contribution, that contains prescribed information. (3.1) A receipt referred to in subsection (3) must be issued only in respect of the monetary contribution that it provides evidence for and only to the contributor who made it. (3.2) No agent of a registered association of a registered party shall issue a receipt referred to in subsection (3) unless the leader of the registered party has, in writing, notified the financial agent, as referred to in the Canada Elections Act, of the registered association ��� C. 19 Canada E that its agents are authorized to issue those receipts. Monetary contributions — form and content (4.1) For the purpose of subsections (3), (3.1) and (4.2), a monetary contribution made by a taxpayer may be in the form of cash or of a negotiable instrument issued by the taxpayer. However, it does not include (a) a monetary contribution that a taxpayer who is an agent authorized under the Canada Elections Act to accept monetary contributions makes in that capacity; or (b) a monetary contribution in respect of which a taxpayer has received or is entitled to receive a financial benefit of any kind (other than a prescribed financial benefit or a deduction under subsection (3)) from a government, municipality or other public authority, whether as a grant, subsidy, forgivable loan or deduction from tax or an allowance or otherwise. (2) Subsection (1) applies to monetary contributions made in taxation years ending after 2003. (3) For monetary contributions made in 2004 taxation years but before the day on which subsection 74(1) comes into force, subsection 127(3) of the Income Tax Act is to be read as enacted by subsection (1) except that the expression ‘‘to a registered party, a registered association, or a candidate’’ is to be replaced by the expression ‘‘to a registered party or a candidate’’. (4) If the day on which subsection 74(1) comes into force occurs during an election period, within the meaning assigned by the Canada Elections Act, subsection 127(3) of the Income Tax Act is to be read, in respect of that election, as described by subsection (3). 74. (1) Section 230.1 of the Act is replaced by the following: 2002-2003 Records re monetary contributions — Canada Elections Act Loi électorale 230.1 (1) Every agent authorized under the Canada Elections Act to accept monetary contributions referred to in that Act shall keep records, sufficient to enable each monetary contribution within the meaning assigned by subsection 127(4.1) that they receive and the expenditures that they make to be verified, (including a duplicate of the receipt referred to in subsection 127(3) for each of those monetary contributions) at (a) in the case of an agent other than an official agent of a candidate, the address recorded in the registry of parties or of electoral district associations referred to in the Canada Elections Act; and (b) in the case of an official agent of a candidate, the agent’s address set out in the nomination papers filed under that Act with the returning officer when the candidate was a prospective candidate or any other address that the Minister designates. Information Return (2) Each agent to whom subsection (1) applies shall file with the Minister an information return in prescribed form and containing prescribed information. The return is to be filed within the period for the filing of a financial transactions return or an electoral campaign return, as the case may be, under the Canada Elections Act. Application of subsections 230(3) to (8) (3) Subsections 230(3) to (8) apply, with any modifications that the circumstances require, in respect of the keeping of records by agents as required by subsection (1). (2) On and after the day on which this Act receives royal assent but before the day on which subsection (1) comes into force, subsection 230.1 of the Income Tax Act is to be read as enacted by subsection (1) except that paragraph 230.1(1)(a), as enacted by that subsection, is to be read without reference to the expression ‘‘or of registered associations’’. (3) If the day on which subsection (1) comes into force occurs during an election period, within the meaning assigned by the Canada Elections Act, paragraph ��� C. 19 Canada E 230.1(1)(a) of the Income Tax Act is to be read, in respect of that election, as described by subsection (2). COMING INTO FORCE Coming into force 75. (1) This Act, other than section 34.1, subsections 49(1) and (2), section 73 and subsection 74(2), comes into force on January 1, 2004. Coming into force (2) Section 34.1 comes into force on January 1, 2005. Published under authority of the Speaker of the House of Commons Available from: ������������� ����������������� ���������� ���������� Ottawa, Canada K1A 0S9 ��������� ����� ������������� ����������������� ���������� ����������� ������� ������� ��� ���

Second Session, Thirty-seventh Parliament, 51-52 Elizabeth II, 2002-2003 STATUTES OF CANADA 2003 CHAPTER 27 An Act to amend the statute law in respect of benefits for veterans and the children of deceased veterans BILL C-50 ASSENTED TO 7th NOVEMBER, 2003 RECOMMENDATION Her Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled ‘‘An Act to amend the statute law in respect of benefits for veterans and the children of deceased veterans’’. SUMMARY This enactment amends the Children of Deceased Veterans Education Assistance Act to re-establish the Education Assistance Program. The enactment also increases the monthly allowance payable under that program, and clarifies and extends the regulation-making authority in relation to the program. The enactment amends the Pension Act to broaden the eligibility criteria for prisoner-of-war compensation benefits, and to increase in some cases the amounts of those benefits. The enactment amends the War Veterans Allowance Act to clarify who qualifies as a ‘‘Canadian veteran of World War I or World War II’’ by virtue of having served in a theatre of actual war. The enactment also makes some technical amendments. ��� ������������� ������������ ��� ��������� �� ��� ������������� �������� ������������� �� ��� ��������� �������� ��������������������� 51-52 ELIZABETH II CHAPTER 27 An Act to amend the statute law in respect of benefits for veterans and the children of deceased veterans [Assented to 7th November, 2003] Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: R.S., c. C-28; 1990, c. 43, s. 43 1990, c. 43, s. 44 CHILDREN OF DECEASED VETERANS EDUCATION ASSISTANCE ACT 1. Paragraph (d) of the definition ‘‘student’’ in section 2 of the Children of Deceased Veterans Education Assistance Act is replaced by the following: (d) a child who, but for the operation of section 25 or 26 of the Pension Act, would be included in paragraph (a) of this definition. 1995, c. 17, s. 42 1990, c. 43, s. 45 2. Section 3.1 of the Act is repealed. 3. Paragraph 4(1)(a) of the Act is replaced by the following: (a) $300.00 , and 4. Section 12 of the Act is amended by adding the following after paragraph (a): (a.1) prescribing the maximum amount of costs under this Act payable in respect of a student, and providing for the annual adjustment of that amount as a function of the Consumer Price Index; 5. Item 1 of the schedule to the Act is replaced by the following: � C. 27 Veterans’ 1. Paragraphs 21(1)(b) and (e), subsections 21(2) and 34(6) and sections 64, 65 and 66 of the Pension Act. 6. Item 6 of the schedule to the Act is replaced by the following: 6. Section 34 of the Veterans Review and Appeal Board Act . R.S., c. P-6 PENSION ACT 2003, c. 12, s. 1(2) 7. Paragraph (b) of the definition ‘‘service spécial’’ in subsection 3(1) of the French version of the Pension Act is replaced by the following: b) le déplacement pour se rendre dans la zone, sur les lieux de l’opération ou dans le lieu de la formation visée à l’alinéa a) et en revenir; R.S., c. 37 (3rd Supp.), s. 12 8. (1) Subparagraphs 71.2(1)(a)(i) and (ii) of the Act are replaced by the following: (i) 5% of basic pension, where that person was such a prisoner for periods totalling at least 30 days but not more than 88 days, (ii ) 20% of basic pension, where that person was such a prisoner for periods totalling at least 89 days but not more than 364 days, or (iii ) 50% of basic pension, where that person was such a prisoner for periods totalling at least 365 days; and R.S., c. 37 (3rd Supp.), s. 12 (2) Subparagraphs 71.2(1)(b)(i) to (iii) of the Act are replaced by the following: (i) 5% of basic pension, where that person was such a prisoner for periods totalling at least 30 days but not more than 88 days, (ii ) 10% of basic pension, where that person was such a prisoner for periods totalling at least 89 days but not more than 545 days, (iii ) 15% of basic pension, where that person was such a prisoner for periods totalling at least 546 days but not more than 910 days, (iv) 30% of basic pension, where that person was such a prisoner for periods totalling at least 911 days but not more than 1,275 days, 2002-2003 Avantages pour les a (v) 35% of basic pension, where that person was such a prisoner for periods totalling at least 1,276 days but not more than 1,641 days, or (vi) 40% of basic pension, where that person was such a prisoner for periods totalling at least 1,642 days. R.S., c. R-11 ROYAL CANADIAN MOUNTED POLICE SUPERANNUATION ACT 2003, c. 12, s. 4 9. Paragraph 32.1(2)(b) of the French version of the Royal Canadian Mounted Police Superannuation Act is replaced by the following: b) le déplacement pour se rendre dans la zone, sur les lieux de l’opération ou dans le lieu de la formation visée à l’alinéa a) et en revenir; R.S., c. W-3 WAR VETERANS ALLOWANCE ACT 2000, c. 34, s. 89(1) 10. (1) Subparagraph 37(3)(a)(i) of the War Veterans Allowance Act is replaced by the following: (i) having enlisted and having the enlistment attested , served in a theatre of actual war during World War I or World War II and was discharged from the service in which he or she was enlisted, (2) Subsection (1) does not apply in respect of any person found by the Veterans Review and Appeal Board, in a decision rendered by that Board before this Act is assented to, to be a ‘‘veteran’’ within the meaning of subparagraph 37(3)(a)(i) of the War Veterans Allowance Act as it read immediately before that assent. 2000, c. 34 AN ACT TO AMEND THE STATUTE LAW IN RELATION TO VETERANS’ BENEFITS 11. Section 100 of An Act to amend the statute law in relation to veterans’ benefits is repealed. � C. 27 Veterans’ TRANSITIONAL PROVISIONS Authority to make allowance and pay costs 12. (1) The Minister of Veteran Affairs may, for the purposes of the Children of Deceased Veterans Education Assistance Act, make allowances to or in respect of, and pay the education or instruction costs in respect of, a student who was not entitled to them by reason only of section 3.1 of that Act before its repeal by section 2 of this Act. Amount of allowance (2) For the purposes of subsection (1), the amount of the monthly allowance that may be paid to or in respect of a student for the period beginning on February 28, 1995 and ending on August 31, 2003 is $167.47, in lieu of the aggregate of the amounts referred to in paragraphs 4(1)(a) and (b) of the Children of Deceased Veterans Education Assistance Act. Maximum amount of education or instruction costs (3) For the purposes of subsection (1), the maximum amount of education or instruction costs payable in respect of a student for any academic year falling, in whole or in part, within the period beginning on February 28, 1995 and ending on August 31, 2003 is $1,500. Maximum period covered (4) For the purposes of subsection (1), subsection 4(4) of the Children of Deceased Veterans Education Assistance Act does not apply. Definition of ‘‘amending regulation’’ 13. (1) In subsection (2), ‘‘amending regulation’’ means the first regulation amending paragraph 5(3)(a) of the Children of Deceased Veterans Education Assistance Regulations that is made after this Act is assented to. Maximum amount of education or instruction costs (2) For the purposes of the Children of Deceased Veterans Education Assistance Act and notwithstanding paragraph 5(3)(a) of the Children of Deceased Veterans Education Assistance Regulations, the maximum amount of education or instruction costs payable in respect of a student for any academic year falling, in whole or in part, within the period beginning on September 1, 2003 and ending on the day on which the 2002-2003 Avantages pour les a amending regulation comes into force is $4,000. COMING INTO FORCE Coming into force 14. (1) Section 3 is deemed to have come into force on September 1, 2003. (2) Section 8 is deemed to have come into force on April 1, 2003. Published under authority of the Speaker of the House of Commons Available from: ������������� ����������������� ���������� ���������� Ottawa, Canada K1A 0S9 ��������� ����� ������������� ����������������� ���������� ����������� ������� ������ ��� ���

Second Session, Thirty-seventh Parliament, 51-52 Elizabeth II, 2002-2003 STATUTES OF CANADA 2003 CHAPTER 26 An Act to amend the Canadian Forces Superannuation Act and to make consequential amendments to other Acts BILL C-37 ASSENTED TO 7th NOVEMBER, 2003 RECOMMENDATION Her Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled ‘‘An Act to amend the Canadian Forces Superannuation Act and to make consequential amendments to other Acts’’. SUMMARY This enactment makes changes to the pension benefit scheme provided under the Canadian Forces Superannuation Act (the ‘‘Act’’). The key features of the revised scheme are: reduction of the minimum period for qualifying for a pension to two years; tying benefit eligibility to years of pensionable service rather than completion of a period of engagement in the Canadian Forces; and the providing of an immediate pension to a person who has completed twenty-five years of paid service in the Canadian Forces and has at least two years of pensionable service. It provides regulation-making authority to adapt the provisions of the Act so as to apply it to prescribed members of the reserve force and to deal with other matters, such as elective service, that are presently provided for in the Act. It consolidates a number of the regulation-making powers in the Act and makes certain structural improvements to the Act, such as moving general provisions that are presently in Part I of the Act to Part IV and making those provisions applicable to the whole Act. The enactment contains transitional provisions and makes consequential amendments to other Acts, principally the Public Service Superannuation Act and the Royal Canadian Mounted Police Superannuation Act. ��� ������������� ������������ ��� ��������� �� ��� ������������� �������� ������������� �� ��� ��������� �������� ��������������������� 51-52 ELIZABETH II CHAPTER 26 An Act to amend the Canadian Forces Superannuation Act and to make consequential amendments to other Acts [Assented to 7th November, 2003] Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: R.S., c. C-17 CANADIAN FORCES SUPERANNUATION ACT 1. (1) The definitions ‘‘intermediate engagement’’, ‘‘retirement age’’ and ‘‘short engagement’’ in subsection 2(1) of the Canadian Forces Superannuation Act are repealed. (2) Subsection 2(1) of the Act is amended by adding the following in alphabetical order: ‘‘member of the reserve force’’ « membre de la force de réserve » ‘‘member of the reserve force’’ means an officer or non-commissioned member of the reserve force; 2. The Act is amended by adding the following after section 3: APPLICATION TO CERTAIN RESERVE FORCE MEMBERS Regulations 3.1 (1) The Governor in Council may make regulations respecting the manner in which and the extent to which any provisions of Parts I, II and III, or of any regulations made under those Parts, apply to members or former members, or classes of members or former members, of the reserve force that are prescribed in those regulations and adapting any of those provisions for the purposes of that application. � C. 26 Canadian Forces Reserve force members who were deemed re-enrolled in regular force (2) For greater certainty, members of the reserve force who, immediately before the coming into force of this section, were deemed to be re-enrolled in the regular force under subsection 41(2) or (3) of this Act as it read immediately before its repeal are members, or classes of members, who may be prescribed by regulations made under subsection (1). Reserve force members who were participants under Part II (3) For greater certainty, members of the reserve force who, immediately before the coming into force of this section, were participants within the meaning of paragraph (b) of the definition ‘‘participant’’ in subsection 60(1) of this Act as it read immediately before its repeal are members, or classes of members, who may be prescribed by regulations made under subsection (1) for the purposes of the application and adaptation of any provisions of Part II. 1999, c. 34, s. 117(2) 3. The portion of subsection 5(5) of the Act before paragraph (a) is replaced by the following: Other pensionable service (5) For the purpose of subsections (2) to (4), ‘‘other pensionable service’’ means service, other than service credited under a plan established in accordance with Part I.1, giving rise to a superannuation or pension benefit of a kind specified in the regulations payable 4. (1) The portion of paragraph 6(a) of the French version of the Act before subparagraph (i) is replaced by the following: a) le service ne donnant pas lieu à un choix, comprenant : 1992, c. 46, s. 34 (2) Paragraph 6(b) of the Act is replaced by the following: (b) elective service comprising (i) any period of service for which a contributor has elected to pay under the provisions of this Act as it read immediately before the coming into force of this paragraph, (ii) any period of service for which a contributor elects to pay under section 7, and 2002-2003 Pension des Forc (iii) any period of service for which a contributor elects to pay under section 8. 1992, c. 46, ss. 35 to 38; 1999, c. 34, s. 119, ss. 120(1) and (2) and ss. 121 and 122 5. Sections 6.1 to 9 of the Act are replaced by the following: Elective service 7. (1) A contributor may, subject to regulations made under subsection (2) and paragraphs 50(1)(b) and (c), elect to pay for any period of service, or part of a period of service, of a kind prescribed in the regulations. Regulations (2) For the purposes of subsection (1), the Governor in Council may make regulations (a) prescribing periods of service of a kind for which a contributor may elect to pay; (b) prescribing the terms and conditions on which a contributor may elect to pay for periods of service, including terms and conditions on which a contributor may elect to pay for part only of a period of service and on which a contributor may be required to repay an amount that was paid to the contributor in respect of an annuity, annual allowance, pension or gratuity; (c) respecting the manner of determining the amount that a contributor is required to pay for elective service and the terms and conditions of payment for that service, including terms and conditions for payment by instalments and the bases as to mortality and interest on which instalment payments are to be computed; and (d) prescribing the circumstances in which an election made by a contributor is void. Payment to Canadian Forces Pension Fund (3) Any amount required to be paid by a contributor in respect of any period of service for which they have elected to pay under this Part after the coming into force of this subsection shall be paid into the Canadian Forces Pension Fund. Payment in respect of previous elections (4) Any amount that is required to be paid by a contributor after the coming into force of this subsection for a period of service for which they have elected to pay under the � C. 26 Canadian Forces provisions of this Act as it read immediately before that coming into force shall be paid, in accordance with those provisions, into the Superannuation Account or the Canadian Forces Pension Fund, as the case may be. Other elective service 8. (1) A contributor may, within two years after the coming into force of this section, elect, in accordance with subsection (2) or (3), as the case may be, to pay for any period of service that they would have been entitled to count as elective service under section 6 of this Act as it read immediately before that coming into force if they were a member of the regular force continuously from the day immediately before that coming into force until the day on which they make the election. Old rules applicable (2) If a contributor makes an election under subsection (1) to pay for a period of service for which they would not have been entitled to make an election under section 7, the provisions of this Act, and the regulations made under it, as they read immediately before the coming into force of this section, apply to an election under that subsection. New rules applicable and election regarding cost (3) If a contributor makes an election under subsection (1) to pay for a period of service for which they would also have been entitled to make an election under section 7, then subsection 7(3) and the regulations made under subsection 7(2) apply to the election made under subsection (1), except that the contributor may further elect, in accordance with the regulations, for the provisions of this Act, and the regulations made under it, as they read immediately before the coming into force of this section, to apply to the determination of the amount to be paid for the period of service and the terms and conditions applicable to payment for that service. Election for absence from duty 9. (1) If, under any regulations made under paragraph 50(1)(e), a contributor is required to count as pensionable service for the purposes of this Act a period of service that exceeds three months, the contributor may, despite those regulations, elect, in accordance with the regulations, not to count as pensionable service that portion of the period that is in excess of three months. 2002-2003 Pension des Forc Contributions not required (2) Despite section 5, a contributor who makes an election under subsection (1) is not required to contribute to the Superannuation Account or the Canadian Forces Pension Fund under that section in respect of the portion of the period to which the election relates. Election for period of service before December 1, 1995 (3) A contributor who makes an election under subsection (1) in respect of a period of service that ended before December 1, 1995 and who has, before that day, made some but not all of the contributions that are required to be made by the contributor to the Superannuation Account in respect of that period shall, at the time the election is made, cease to be required to make any further contributions to the Superannuation Account in respect of that period and shall count as pensionable service for the purposes of this Act such portion of that period as is prescribed by the regulations. Amendment or revocation of election 9.1 An election under this Part may be amended by the elector, within the time prescribed by the regulations for the making of the election, by increasing the period or periods of service for which they elect to pay, and is otherwise irrevocable except under such circumstances and on such terms and conditions, including payment by the elector to Her Majesty of such amount in respect of any benefit accruing to the elector during the subsistence of the election, as a consequence of their having so elected, as is prescribed by the regulations. Entitlement to benefits to cease on election 9.2 Despite anything in the Public Service Superannuation Act or the Royal Canadian Mounted Police Superannuation Act, on the making of any election under this Act to pay for service that they have to their credit under either of those Acts, the contributor so electing, and any person to whom any benefit might otherwise have become payable under the Public Service Superannuation Act or the Royal Canadian Mounted Police Superannuation Act, as the case may be, in respect of that contributor, cease to be entitled to any benefit under that Act in respect of any service of that contributor to which that election relates. � Regulations C. 26 Canadian Forces 9.3 The Governor in Council may make regulations prescribing the manner of determining the amount to be charged to the account maintained in the accounts of Canada, or the pension fund established pursuant to the Public Service Superannuation Act or the Royal Canadian Mounted Police Superannuation Act, as the case may be, and credited to the Canadian Forces Pension Fund or to the Superannuation Account, as the case may be, in respect of a contributor who elects to pay for a period of service that they were entitled to count for pension purposes under the Public Service Superannuation Act or the Royal Canadian Mounted Police Superannuation Act. 6. The heading before section 10 of the Act is replaced by the following: Benefits: Definitions, etc. 7. (1) The portion of section 10 of the Act before the definition ‘‘annuity’’ is replaced by the following: Definitions 1999, c. 34, s. 123 10. In this Act, except Part I.1, (2) The definitions ‘‘cash termination allowance’’ and ‘‘recipient’’ in section 10 of the Act are repealed. (3) Section 10 of the Act is amended by adding the following in alphabetical order: ‘‘transfer value’’ « valeur de transfert » ‘‘transfer value’’ means a lump sum amount, representing the value of the contributor’s pension benefits, as determined in accordance with the regulations. 8. Subsection 11(1) of the Act is replaced by the following: Duration of payment, etc., to contributor 11. (1) Where an annuity or an annual allowance becomes payable under this Part to a contributor, it shall, subject to the regulations, be paid in equal monthly instalments in arrears and shall continue, subject to this Part, during the lifetime of the contributor and thereafter until the end of the month during which the contributor dies, and any amount in arrears thereof that remains unpaid at any time 2002-2003 Pension des Forc after their death shall be paid as provided in section 26, in respect of a death benefit. 9. Section 12 of the Act is replaced by the following: Revocation of option 12. If a contributor has exercised an option under this Part, the option may be revoked and a new option exercised by the contributor, in accordance with the regulations. 1999, c. 34, s. 125 10. Paragraph 13(b) of the Act is replaced by the following: (b) at the rates established in the regulations made under paragraph 50(1)(j) compounded quarterly, for any period beginning on or after January 1, 2001. 1992, c. 46, s. 39; 1999, c. 34, s. 126 11. Section 14 of the Act is repealed. 12. The Act is amended by adding the following before section 15: Annuities: How Computed 1992, c. 46, s. 40(1) 13. (1) Subparagraph 15(1)(b)(iii) of the Act is replaced by the following: (iii) the annual rate of pay that is fixed by the regulations made under paragraph 50(1)(g), or that may be determined in the manner prescribed by those regulations, and in force on the day on which the contributor most recently ceased to be a member of the regular force. (2) Paragraph 15(2)(b) of the Act is replaced by the following: (b) has not become entitled to a disability pension payable under paragraph 44(1)(b) of the Canada Pension Plan or a provision of a provincial pension plan, 1992, c. 46, s. 40(2) (3) Subsection 15(4) of the Act is replaced by the following: Pay deemed to have been received during certain periods (4) For the purposes of this section, a contributor who has to their credit pensionable service that includes any period of service referred to in paragraph 6(b) is deemed to have received during that period pay determined in accordance with the regulations. � 1999, c. 34, s. 130(3) C. 26 Canadian Forces 14. The heading before section 16 and sections 16 to 24 of the Act are replaced by the following: Benefits Payable to Contributors Immediate annuity 16. (1) A contributor who ceases to be a member of the regular force and who has to their credit two or more years of pensionable service is entitled to an immediate annuity if (a) they have completed not less than 25 years of Canadian Forces service as prescribed by regulations made under paragraph 50(1)(m); (b) they have reached 60 years of age; (c) they have reached 55 years of age and have to their credit not less than 30 years of pensionable service; (d) they are disabled and have to their credit not less than 10 years of pensionable service; or (e) they cease, otherwise than voluntarily, to be a member of the regular force because of a reduction in the maximum number of officers or non-commissioned members of the regular force authorized by the Governor in Council under section 15 of the National Defence Act or they cease, otherwise than voluntarily, to be a member of the regular force in any circumstances specified by the Treasury Board, and (i) they have reached 55 years of age and have to their credit not less than 10 years of pensionable service, or (ii) they have to their credit not less than 20 years of pensionable service. Regulations (2) Despite paragraph (1)(a), the Governor in Council may make regulations establishing, for officers, according to their rank, a number of years of Canadian Forces service greater than the minimum number of 25 years referred to in that paragraph and providing for that number to be reduced to 25 years over a maximum period of five years from the coming into force of this section, in the case of 2002-2003 Pension des Forc (a) contributors who are members of the regular force on the coming into force of this section; and (b) contributors who are entitled to an annuity on the coming into force of this section and who are subsequently re-enrolled in the regular force. Deferred annuity 17. A contributor who ceases to be a member of the regular force, who has to their credit two or more years of pensionable service and who is not entitled to an immediate annuity, is entitled to a deferred annuity. Annual allowance 18. (1) A contributor who is entitled to a deferred annuity may opt, in accordance with the regulations, for an annual allowance in place of the deferred annuity. The allowance is payable to the contributor (a) immediately, if they are 50 or more years of age when they exercise their option; or (b) on their reaching 50 years of age, if they are less than 50 years of age when they exercise their option. Amount of allowance (2) The amount of the annual allowance is equal to the amount of the deferred annuity, reduced by the product obtained by multiplying five per cent of the amount of that annuity by the number of years by which the contributor’s age in years, to the nearest one-tenth of a year, at the time the allowance is payable is less than 60. Alternative amount (3) If a contributor is 50 years or more of age when they cease to be a member of the regular force and has not less than 25 years of pensionable service to their credit, the amount of the annual allowance is the greater of (a) the amount calculated under subsection (2), and (b) the amount of the deferred annuity reduced by the product obtained by multiplying five per cent of the amount of that annuity by the greater of (i) 55 minus the contributor’s age in years at the time they exercise their option, to the nearest one-tenth of a year, and �� C. 26 Canadian Forces (ii) 30 minus the number of years of pensionable service to their credit, to the nearest one-tenth of a year. Adjustment (4) If a contributor who was receiving an annual allowance payable under subsection (1) re-enrols in the regular force, the amount of any annuity or annual allowance to which that contributor may become entitled under this Part on again ceasing to be a member of the regular force shall be adjusted in accordance with the regulations to take into account the amount of the annual allowance they have received. Alternative annuity for certain members 19. (1) Subject to regulations made under subsection (2), a contributor who ceases to be a member of the regular force, having been a member continuously from the day immediately before the coming into force of this section until the day on which they ceased to be a member, is entitled, at their option, in place of any other benefit under this Part to which they would otherwise be entitled in respect of the pensionable service that they have to their credit, to an annuity, which may be adjusted in accordance with those regulations, payable from the day on which they cease to be a member of the regular force. Regulations (2) The Governor in Council may make regulations prescribing the circumstances in which a contributor may exercise an option under subsection (1), the manner of and time for exercising an option and the manner in which the amount of an annuity may be adjusted. Return of contributions 20. A contributor who ceases to be a member of the regular force and who has to their credit less than two years of pensionable service is entitled to a return of contributions. Benefit payable in case of disability after retirement 21. (1) A contributor who, not having reached 60 years of age but having become entitled under this Part to a deferred annuity or to an annual allowance, becomes entitled to a disability pension under the Canada Pension Plan or a provincial pension plan, ceases to be entitled to that deferred annuity or annual allowance, as the case may be, and becomes entitled to an immediate annuity. 2002-2003 Pension des Forc Adjustment (2) If a contributor ceases under subsection (1) to be entitled to an annual allowance, the immediate annuity shall be adjusted in accordance with the regulations to take into account the amount of the annual allowance that the contributor has received. Benefit where entitlement to disability pension ceases (3) A contributor who, not having reached 60 years of age but having become entitled under subsection (1) to an immediate annuity, has ceased to be entitled to a disability pension under the Canada Pension Plan or a provincial pension plan ceases to be entitled to that immediate annuity and becomes entitled to a deferred annuity or to the annual allowance to which they were originally entitled, as the case may be. Transfer value 22. (1) Despite any other provision of this Act but subject to the regulations, a contributor who has ceased to be a member of the regular force, has to their credit two or more years of pensionable service and is not entitled to an immediate annuity is entitled, in place of any other benefit under this Act to which they would otherwise be entitled in respect of the pensionable service that they have to their credit, to a transfer value that is payable to the contributor in accordance with subsection (2). Where transferred (2) The payment of a transfer value to which a contributor may be entitled under subsection (1) is effected by transferring it to, at the direction of the contributor, (a) a pension plan selected by the contributor that is registered under the Income Tax Act, if that pension plan so permits; (b) a retirement savings plan or fund for the contributor that is of the kind prescribed by the regulations; or (c) a financial institution authorized to sell immediate or deferred life annuities of the kind prescribed by the regulations, for the purchase from that financial institution of such an annuity for the contributor. Election to pay by instalments (3) If a contributor who is entitled to a transfer value has elected to pay for a period of pensionable service by means of instalments, the transfer value to be determined in accordance with the regulations shall be �� C. 26 Canadian Forces determined by reference to the portion of the period of pensionable service that the contributor has paid for at the time prescribed in the regulations. Period to exercise option under former provisions 23. (1) A contributor who ceases to be a member of the regular force before the coming into force of this section and has not exercised their option in favour of a benefit under sections 16 to 22, as those sections read immediately before that coming into force, may, in accordance with the provisions of this Act as it read immediately before that coming into force, exercise that option at any time within one year after the day on which they cease to be a member. Failure to exercise option (2) If a contributor fails to exercise an option within the period set out in subsection (1), they are deemed to have exercised it in favour of a deferred annuity. Becoming a contributor under other Acts (3) If a contributor becomes a contributor under the Public Service Superannuation Act or the Royal Canadian Mounted Police Superannuation Act without having exercised, or been deemed to have exercised, an option referred to in subsection (1), they are deemed to have exercised it immediately before becoming a contributor under whichever of those Acts is applicable in favour of a deferred annuity. 1989, c. 6, s. 7; 1992, c. 46, s. 42; 1999 c. 34, ss. 133 and 134 15. Sections 25 and 25.1 of the Act are replaced by the following: Benefits Payable to Survivors, Children and Other Beneficiaries Benefits payable on death of retired member 25. (1) On the death of a contributor who, at the time of their death, was entitled under this Part to an annuity or an annual allowance, the survivor and children of the contributor are entitled to the following allowances, computed on the basis of the product obtained by multiplying the average annual pay received by the contributor during the period specified in subparagraph 15(1)(a)(ii) by the number of years of pensionable service to the contributor’s credit, one one-hundredth of the product so obtained being referred to in this section as the ‘‘basic allowance’’: 2002-2003 Pension des Forc (a) in the case of a survivor, an immediate annual allowance equal to the basic allowance; and (b) in the case of each child, an immediate annual allowance equal to one-fifth of the basic allowance or, if the contributor died without leaving a survivor, the survivor is dead or the survivor is not entitled to receive an allowance under this Part, other than an immediate annual allowance under section 25.1, two-fifths of the basic allowance. Total child allowance (2) The total amount of the allowances paid under paragraph (1)(b) shall not exceed fourfifths of the basic allowance or, if the contributor died without leaving a survivor, the survivor is dead or the survivor is not entitled to receive an allowance under this Part, other than an immediate annual allowance under section 25.1, eight-fifths of the basic allowance. Apportionment of total among children (3) If, in computing the allowances to which the children of a contributor are entitled under subsections (1) and (2), it is determined that there are more than four children of the contributor entitled to an allowance, the total amount of the allowances shall be apportioned among the children in such shares as the Minister considers just and proper under the circumstances. Benefits payable on death of serving member — more than two years (4) On the death of a contributor who has to their credit two or more years of pensionable service and was a member of the regular force at the time of death, the survivor and children of the contributor are entitled to the annual allowances to which they would have been entitled under subsections (1), (2) and (3) had the contributor, immediately before death, become entitled under this Part to an annuity or an annual allowance. Definition of ‘‘child’’ (5) For the purposes of subsections (1) to (4), ‘‘child’’ means a child of the contributor who (a) is less than eighteen years of age; or (b) is eighteen or more years of age but less than twenty-five years of age, and is in �� C. 26 Canadian Forces full-time attendance at a school or university as defined in the regulations. Benefits payable on death of serving member — less than two years (6) On the death of a contributor who has to their credit less than two years of pensionable service and was a member of the regular force at the time of death, the survivor and children of the contributor, in any case where the contributor died leaving a survivor or a child less than eighteen years of age, are entitled jointly to a death benefit equal to the greater of (a) a return of contributions, and (b) an amount equal to one month’s pay for each year of pensionable service to the credit of the contributor, computed on the basis of the rate of pay authorized to be paid to them at the time of their death. Optional survivor benefit 25.1 (1) If the person to whom a contributor is married or with whom the contributor is cohabiting in a relationship of a conjugal nature, having so cohabited for a period of at least one year, would not be entitled to an immediate annual allowance under any other provision of this Act in the event of the contributor’s death, the contributor may opt, in accordance with the regulations, to reduce the amount of the annuity or annual allowance to which the contributor is entitled in order that the person could become entitled to an immediate annual allowance under subsection (2). Payment (2) A person referred to in subsection (1) is entitled to an immediate annual allowance in an amount determined in accordance with the option and the regulations if the contributor dies and the option is not revoked or deemed to have been revoked in accordance with the regulations, and the person was married to the contributor at the time of the contributor’s death, or was cohabiting with the contributor in a relationship of a conjugal nature for a period of at least one year immediately before the contributor’s death. 2002-2003 Pension des Forc No entitlement (3) A person who is entitled to receive an annual allowance under section 29 after the contributor’s death is not entitled to an immediate annual allowance under subsection (2) in respect of that contributor. 1999, c. 34, s. 135 16. The heading before section 26 of the Act is repealed. 1999, c. 34, s. 135 17. The portion of section 26 of the Act before paragraph (a) is replaced by the following: Lump sum payments 26. If in this Part it is provided that the survivor and children of a contributor are entitled jointly to a death benefit under subsection 25(6), the total amount of that benefit shall be paid to the survivor of the contributor, except that 1999, c. 34, s. 136 1992, c. 46, s. 45; 2000, c. 12, s. 67 18. Section 28 of the Act is repealed. 19. The heading before section 36 and sections 36 and 37 of the Act are repealed. 20. Section 40 of the Act is replaced by the following: Minimum benefits 40. (1) If, on the death of a contributor who, on ceasing to be a member of the Canadian Forces, was entitled to an immediate annuity or an annual allowance from which a deduction had been made pursuant to subsection 15(2), there is no person to whom an allowance provided in this Part may be paid, or where the persons to whom such allowance may be paid die or cease to be entitled to it and no other amount may be paid to them under this Part, any amount by which the calculated amount, within the meaning of subsection (2), exceeds the aggregate of all amounts paid to those persons and to the contributor under this Part or Part V of the former Act shall be paid (a) as provided in section 38 for amounts payable under that section, if the contributor was not a member of the regular force on or after December 20, 1975; or (b) as provided in section 39 for amounts payable under that section, if the contributor was a member of the regular force on or after December 20, 1975. �� Definition of ‘‘calculated amount’’ C. 26 Canadian Forces (2) For the purposes of subsection (1), ‘‘calculated amount’’ means an amount equal to one month’s pay for each year of pensionable service to the credit of the contributor, computed on the basis of the rate of pay authorized to be paid to them at the time they cease to be a member of the regular force, minus an amount equal to the amount by which (a) the total amount the contributor would have been required to contribute to the Superannuation Account or the Canadian Forces Pension Fund up to the time they cease to be a member of the regular force, other than interest or charges for payments by instalments, in respect of service after 1965, if they had contributed on the basis of the rate set out in subsection 5(1) as it read on December 31, 1965, exceeds (b) the total amount the contributor was required to contribute to the Superannuation Account or the Canadian Forces Pension Fund up to the time they cease to be a member of the regular force, other than interest or charges for payments by instalments, in respect of service after 1965. 1992, c. 46, s. 46; 1999, c. 34, ss. 142 to 144 21. The headings before section 41 and sections 41 to 48 of the Act are replaced by the following: Re-enrolment or Transfer Persons re-enrolled or transferred 41. (1) If a person who has become entitled to an annuity or an annual allowance under this Act or a pension under Part V of the former Act by virtue of having served in the regular force is re-enrolled in or transferred to the regular force and becomes a contributor under this Part, whatever right or claim that they may have had to that annuity, annual allowance or pension (in this section referred to as the ‘‘original annuity’’) then ceases and the period of service on which the original annuity was based may be counted by them as pensionable service for the purposes of this Part. 2002-2003 Pension des Forc Benefits prescribed by regulations (2) If, on subsequently ceasing to be a member of the regular force, a contributor referred to in subsection (1) is entitled to an annuity or annual allowance under this Part the capitalized value of which is less than the capitalized value of the original annuity, the contributor shall be entitled to benefits prescribed in regulations made under subsection (3) in place of any other benefit under this Part and Part III to which they would otherwise be entitled, but in no case shall the capitalized value of the benefits be less than the capitalized value of the original annuity. Regulations (3) For the purposes of subsection (2), the Governor in Council may make regulations prescribing benefits to which a contributor is entitled and respecting the manner of determining capitalized values, including the manner of taking into account any benefit under Part III. 22. Section 49 of the Act is amended by adding the following after subsection (4): Limitation on application (5) This section does not apply in the case of a contributor who ceases to be a member of the regular force after the coming into force of this subsection. 1989, c. 6, s. 11; 1992, c. 46, ss. 48(1), (3) and (4) and s. 49; 1999 c. 34, ss. 146 and 147 23. Sections 50 and 50.1 of the Act are replaced by the following: Regulations 50. (1) The Governor in Council may make regulations (a) prescribing anything that, by this Act, is to be prescribed or is to be determined or regulated by regulation; (b) prescribing the circumstances in which, and the terms and conditions on which, elections may be made and options may be exercised under this Part, except section 19, and respecting the manner of and time for doing so; (c) prescribing the circumstances in which, and the terms and conditions on which, elections under this Part may be revoked or �� C. 26 Canadian Forces amended, options under this Part revoked, and new elections or options made or exercised, and respecting the manner of and time for doing so; (d) prescribing the terms and conditions on which a person who is retired from the regular force and, within sixty days after their retirement from it, again becomes a member of the regular force is deemed to have continued to be a member of the regular force despite their retirement from it; (e) prescribing the extent to which and the circumstances under which any period of service of a person, whether before or after March 1, 1960, for which no pay was authorized to be paid or for which any forfeiture of pay or deduction from pay in respect of a period of suspension from duty was authorized to be made shall be counted as pensionable service for the purposes of this Act, prescribing the pay that is deemed to have been authorized to be paid to that person and to have been received by that person during that period, and prescribing, despite section 5, the contributions to be made by that person to the Superannuation Account or the Canadian Forces Pension Fund in respect of that pay; (f) specifying, for the purposes of subsection 2(4), the employment as a member of the Canadian Forces that is excepted employment; (g) fixing an annual rate of pay for the purposes of subsection 5(6) or prescribing the manner of determining the annual rate of pay; (h) prescribing, for the purposes of subsection 9(3), the portion of the period of service that shall be counted as pensionable service for the purposes of this Act; (i) respecting the manner of determining the amount of a transfer value within the meaning of section 10, the terms and conditions under which a contributor may become entitled to a transfer value and any other matters that the Governor in Council considers necessary for the purposes of carrying out section 22; 2002-2003 Pension des Forc (j) respecting the manner in which, and the determination of the balances on which, interest is to be calculated under section 13 and respecting the rates of interest for the purposes of paragraph 13(b); (k) prescribing the evidence required to satisfy the Minister that a contributor is not entitled to a disability pension described in paragraph 15(2)(b), the manner in which and the time within which that evidence shall be provided and the form of that evidence; (l) respecting, for the purposes of subsection 15(4), the manner of determining pay that a contributor is deemed to have received; (m) prescribing service in the regular force or in the reserve force that constitutes Canadian Forces service for the purposes of paragraph 16(1)(a); (n) specifying, for the purposes of subsection 18(4), the method by which the amount of any annuity or annual allowance payable to a contributor described in subsection 18(1) shall be adjusted; (o) specifying, for the purposes of subsection 21(2), the method by which the amount of any immediate annuity payable to a contributor described in subsection 21(1) shall be adjusted; (p) defining, for the purposes of subsection 25(5), the expression ‘‘full-time attendance at a school or university’’ as applied to a child of a contributor; (q) respecting the determination of disability for the purposes of this Part and the conditions on which an immediate annuity shall be paid or continue to be paid, including the initial assessment and subsequent periodic or other assessments of that disability; (r) respecting the reduction to be made in the amount of an annuity or annual allowance when an option is exercised under subsection 25.1(1), the amount of the immediate annual allowance to be paid under subsection 25.1(2), the circum�� C. 26 Canadian Forces stances in which an option is deemed to have been revoked and any other matters that the Governor in Council considers necessary for the purposes of carrying out section 25.1; (s) providing for the continuation in force of any outstanding direction made by the Minister or the Treasury Board under section 62 of the former Act, under the circumstances contemplated by that section and subject to modification or suspension as contemplated by that section; (t) respecting the rates at which interest shall be credited to the Superannuation Account under paragraph 55(1)(b), the manner in which it shall be calculated and the time at which it shall be credited to the Account; (u) respecting the additional information that is required to be included in annual reports referred to in section 57; (v) providing for the payment out of the Superannuation Account or the Canadian Forces Pension Fund, on the death of a contributor and on application to the Minister by or on behalf of a person to whom any annual allowance becomes payable under this Part, of the whole or any part of the portion of the estate, legacy, succession or inheritance duties or taxes that are payable by the person that is determined in accordance with the regulations to be attributable to that allowance, and prescribing the amounts by which and the manner in which any such allowance and any amount payable in any such case under any of sections 38 to 40 shall be reduced; and (w) generally, for carrying into effect the purposes and provisions of this Act. Retroactive application of regulations (2) Regulations made under this Act may, if they so provide, be retroactive and have effect with respect to any period before they are made. 24. Section 51 of the Act is repealed. 25. Section 53 of the Act and the heading before it are repealed. 2002-2003 Pension des Forc 26. (1) Paragraph (b) of the definition ‘‘participant’’ in subsection 60(1) of the Act is repealed. 1992, c. 46, s. 52(3) (2) The definition ‘‘participant’’ in subsection 60(1) of the Act is amended by adding the word ‘‘and’’ at the end of paragraph (c), by striking out the word ‘‘and’’ at the end of paragraph (d) and by repealing paragraph (e). (3) The portion of paragraph (a) of the definition ‘‘salary’’ in subsection 60(1) of the Act before subparagraph (i) is replaced by the following: (a) in the case of a participant who is a member of the regular force, the greater of (4) Subsection 60(1) of the Act is amended by adding the following in alphabetical order: ‘‘immediate annual allowance’’ « allocation annuelle immédiate » ‘‘immediate annual allowance’’ means an annual allowance payable within 30 days after the day on which a participant ceases to be a member of the regular force; 27. Paragraph 62(2)(b) of the Act is replaced by the following: (b) may, within that period of thirty days, elect to continue to be a participant under this Part after the expiration of that period, and is, if on ceasing to be a member they are entitled under Part I or under the Defence Services Pension Continuation Act, chapter D-3 of the Revised Statutes of Canada, 1970, to an immediate annuity, immediate annual allowance or pension, as the case may be, deemed so to have elected within that period to continue to be a participant under this Part after the expiration of that period. 28. Section 63 of the Act is replaced by the following: When public service participant deemed participant 63. Despite anything in this Part, a participant who becomes a public service participant ceases to be a participant under this Part, but, if on ceasing to be a public service participant they are not entitled to an immediate annuity �� C. 26 Canadian Forces or an immediate annual allowance under the Public Service Superannuation Act and are entitled under Part I or under the Defence Services Pension Continuation Act, chapter D-3 of the Revised Statutes of Canada, 1970, to an immediate annuity, immediate annual allowance or pension, they are deemed to have elected under subsection 62(1) to continue to be a participant under this Part. 29. The portion of subsection 67(1) of the Act before paragraph (a) is replaced by the following: To whom benefits paid 67. (1) Subject to section 83, benefits shall be paid as follows: 1992, c. 46, s. 54 30. Paragraph 68(1)(b) of the Act is replaced by the following: (b) an amount that is the greater of (i) an amount, representing an amount sufficient to cover the cost of the benefits that will become chargeable against the Account, as determined in accordance with the regulations, and (ii) the aggregate of (A) one twelfth of the benefit paid in respect of each participant who, at the time of death, was a member of the regular force or of the reserve force, for which benefit contributions under this Part were payable by the participant at that time, (B) one twelfth of the benefit paid in respect of each elective participant who, on ceasing to be a member of the regular force was entitled under Part I or under the Defence Services Pension Continuation Act, chapter D-3 of the Revised Statutes of Canada, 1970, to an immediate annuity or pension, for which benefit contributions under this Part were payable by the participant at the time of death, and (C) the amount of the single premium determined under the schedule in respect of each participant in respect of 2002-2003 Pension des Forc whom a benefit is payable without contribution under this Part by the participant for that benefit; and 1992, c. 46, s. 56 31. Section 70 of the Act is repealed. 32. (1) Paragraph 73(1)(d) of the Act is replaced by the following: (d) respecting the manner of and time for making elections under this Part; (2) Subsection 73(1) of the Act is amended by adding the following after paragraph (g): (g.1) respecting the manner of determining the amount referred to in subparagraph 68(1)(b)(i); 1992, c. 46, s. 58 1992, c. 46, s. 58; 1999, c. 34, s. 164 33. Paragraph (c) of the definition ‘‘recipient’’ in section 74 of the Act is repealed. 34. Section 76 of the Act is repealed. 1992, c. 46, s. 58 35. The portion of subsection 78(5) of the Act before paragraph (a) is replaced by the following: Minimum guaranteed amount (5) Despite subsections (1), (2) and (4) but subject to section 79, the amount of the supplementary benefit that may be paid for a month in any year to a recipient shall not be less than an amount equal to the difference obtained by subtracting the amount of the pension that may be paid to the recipient for that month in that year from the aggregate of the supplementary benefit and the maximum pension that would have been payable to that recipient for that month in that year, otherwise than pursuant to this section, if the retirement month of the retirement year of the recipient had been that month in such year as is determined by 36. The Act is amended by adding the following after section 80: �� C. 26 Canadian Forces Regulations regarding small benefits 81. (1) The Governor in Council may make regulations respecting the terms and conditions under which, the manner in which and the time within which, a person who is entitled to a periodic benefit under this Act, the annual amount of which is less than a prescribed amount, may be required, or may opt, to take a lump sum amount that is determined, in accordance with those regulations, to be the capitalized value of the periodic benefit, which lump sum amount shall be in place of any other benefit under Part I, I.1 or III to which they would otherwise be entitled. Manner of payment (2) A lump sum amount referred to in subsection (1) shall be payable directly to the person entitled if that amount is equal to or less than an amount prescribed. If the lump sum amount is more than that amount prescribed, it shall be payable in accordance with subsection 22(2) as if it were a transfer value, with any modifications that the circumstances require. Regulations — recovery, etc., of amounts 82. The Governor in Council may make regulations respecting the manner in which amounts referred to in sections 86 to 89 may be reserved, recovered or retained, as the case may be, from any benefit payable under this Act. Benefits not assignable, etc. 83. Subject to Part II of the Garnishment, Attachment and Pension Diversion Act and to the Pension Benefits Division Act, (a) a benefit under this Act is not capable of being assigned, charged, anticipated or given as security and any transaction that purports to assign, charge, anticipate or give as security any such benefit is void; (b) a benefit to which a person is entitled under Part I, I.1 or III is not capable of being surrendered or commuted during the lifetime of that person except under section 22, subsection 29(3) or section 81 or under regulations made under section 59.1, and any other transaction that purports to so surrender or commute any such benefit is void; and (c) a benefit under this Act is exempt from attachment, seizure and execution, either at law or in equity. 2002-2003 Pension des Forc Presumption of death 84. (1) If a person who is required to contribute under this Act, or who is entitled to a benefit under this Act or the former Act, has, either before or after the coming into force of this subsection, disappeared under circumstances that, in the opinion of the Minister, raise beyond a reasonable doubt a presumption that the person is dead, the Minister may determine the date for the purposes of this Act and the former Act on which that person’s death is presumed to have occurred, and that person is deemed for all purposes of this Act and the former Act to have died on that date. Change of date (2) If, after the date of a person’s death is determined by the Minister under subsection (1), new information or evidence is received by the Minister that the date of death is different, the Minister may determine a different date of death, in which case the person is deemed for all purposes of this Act and the former Act to have died on that different date. Allowances paid to children 85. When a child is entitled to an annual allowance or other amount under this Act, payment of it shall, if the child is less than eighteen years of age, be made to the person having custody and control of the child, or, if there is no person having custody and control of the child, to the person whom the Minister may direct. Reservation of unpaid instalments for elective service 86. If a person who has elected under this Act or Part V of the former Act to pay for any period of service and has undertaken to pay for that period of service in instalments ceases to be a member of the regular force or the reserve force, as the case may be, before all the instalments have been paid, the unpaid instalments may be reserved, in accordance with the regulations, from any amount payable to them by Her Majesty in right of Canada, including any periodic benefit payable to them under this Act, until such time as all the instalments have been paid, or the person dies, whichever occurs first. Recovery of amounts due at time of death 87. When an amount payable by a person into the Superannuation Account, the Canadian Forces Pension Fund or a fund established under regulations made under section 59.1 by reservation from salary or otherwise has become due, but remains unpaid at the �� C. 26 Canadian Forces time of death, that amount, with interest at four per cent per annum from the time when it became due, may be recovered, in accordance with the regulations, from any allowance payable under this Act to the survivor or children of that person, without prejudice to any other recourse available to Her Majesty with respect to the recovery of it. Any amount so recovered shall be credited to the Superannuation Account or paid into the Canadian Forces Pension Fund or the fund established under regulations made under section 59.1, as the case may be, and is deemed to have been paid into the Superannuation Account, the Canadian Forces Pension Fund or the fund established under regulations made under section 59.1, as the case may be, by that person. Retention of amount paid in error 88. If any amount has been paid in error under Part I, I.1 or III on account of any periodic benefit, the Minister may retain by way of deduction from any subsequent payment of that benefit, in accordance with the regulations, an amount equal to the amount paid in error, without prejudice to any other recourse available to Her Majesty with respect to the recovery of the amount paid in error. Recovery of debit balance in pay account of former member 89. (1) Any debit balance in the pay account of a former member of the regular force or of the reserve force, as the case may be, may be recovered from any benefit to which they are entitled under this Act or from any amount that becomes payable under this Act to their service estate, whether the debit balance existed at the time of their retirement or was ascertained after that time. Manner of recovery (2) Recovery of a debit balance pursuant to this section shall be effected in the manner and to the extent that may be prescribed by the regulations, but, in the case of any benefit to which a former member of the regular force or of the reserve force, as the case may be, is entitled under this Act, such recovery shall not be effected unless notice of the existence of the debit balance and the amount of it has been given to them, or has been forwarded by registered mail addressed to them at their latest known address. 2002-2003 Pension des Forc Diversion of payments to satisfy financial support order 90. (1) When any court in Canada of competent jurisdiction has made an order requiring a recipient to pay financial support, amounts payable under Part I, I.1 or III to that recipient are subject to being diverted to the person named in the order in accordance with Part II of the Garnishment, Attachment and Pension Diversion Act. Where recipient unable to manage own affairs (2) If, for any reason, a recipient is unable to manage their own affairs, or where the recipient is incapable of managing their own affairs and there is no person entitled by law to act as the recipient’s committee, the Receiver General may pay to any person designated by the Minister to receive payment on behalf of the recipient any amount that is payable to the recipient under Part I, I.1 or III. Payment deemed to be to recipient (3) For the purposes of Parts I, I.1 and III, any payment made by the Receiver General pursuant to subsection (1) or (2) is deemed to be a payment to the recipient in respect of whom the payment was made. Definition (4) For the purposes of this section, ‘‘recipient’’ means a person to whom any amount is or is about to become payable under Part I, I.1 or III. Remission of overpayments 91. If a person has received or obtained an overpayment and the Minister is satisfied that (a) the overpayment cannot be recovered within the reasonably foreseeable future, (b) the administrative costs of recovering the overpayment are likely to equal or exceed the amount to be recovered, or (c) repayment of the overpayment would cause undue hardship to the person, the Minister may, unless that person has been convicted of an offence under the Criminal Code in connection with the receiving or obtaining of the overpayment, remit all or any portion of the overpayment. Remedial action in case of error 92. If the Minister is satisfied that, as a result of erroneous advice or administrative error in the administration of this Act, a person has failed to make an election or exercise an option under this Act, the Minister may take any remedial action that the Minister considers appropriate to permit that person to make �� C. 26 Canadian Forces that election or exercise that option, as the case may be, on any terms and conditions that the Minister may determine, including as to the time for making the election or exercising the option and any amount payable in respect of the election. Request for reconsideration 93. (1) A person who is dissatisfied with any decision made under this Act that affects their benefits, or their entitlement to benefits, under this Act may, within 90 days after the day on which the dissatisfied party was notified of the decision, or within any longer period that the Minister may either before or after the expiration of those 90 days allow, make a request to the Minister in the form and manner prescribed by regulation for a reconsideration of that decision. Reconsideration by Minister (2) The Minister shall reconsider any decision referred to in subsection (1) and may confirm or vary it and shall in writing notify the person who made the request under that subsection of the Minister’s decision and of the reasons for it. CONSEQUENTIAL AMENDMENTS 2000, c. 12 Modernization of Benefits and Obligations Act 37. Sections 66 and 68 of the Modernization of Benefits and Obligations Act are repealed. 1999 c. 34 Public Sector Pension Investment Board Act 38. Subsection 118(2) of the Public Sector Pension Investment Board Act (the ‘‘Act’’) is repealed. 39. Subsection 120(3) of the Act is repealed. 40. Sections 128 to 132 of the Act are repealed. 41. (1) Sections 59.1 and 59.2 of the Canadian Forces Superannuation Act, as enacted by section 154 of the Act, are replaced by the following: 2002-2003 Pension des Forc Regulations 59.1 The Governor in Council may make regulations respecting the establishment, funding and administration of pension plans for members of the reserve force prescribed in those regulations to provide for the payment of benefits to or in respect of those members, including regulations respecting the crediting of service in the reserve force as pensionable service for the purposes of Part I and the transfer of amounts in respect of such service from the funds established under the regulations to the Canadian Forces Pension Fund and vice versa. Contributions by members 59.2 A member of the reserve force who is subject to a plan established in accordance with this Part is required to contribute, by reservation from pay or otherwise, in accordance with the regulations. (2) Section 59.8 of the Canadian Forces Superannuation Act, as enacted by section 154 of the Act, is repealed. 42. Section 160 of the Act is repealed. 43. Section 168 of the Act is repealed. 44. Clause 6(b)(ii)(O) of the Royal Canadian Mounted Police Superannuation Act, as enacted by subsection 172(4) of the Act, is replaced by the following: (O) subject to the regulations, any period of service in respect of which payment of a commuted value or a transfer value, as the case may be, to a contributor has been effected in accordance with section 12.1 of this Act, section 22 of the Canadian Forces Superannuation Act or section 13.01 of the Public Service Superannuation Act, if the contributor elects, in accordance with the regulations, to pay for that service, and 45. (1) Subparagraph 11(3)(b)(i) of the Royal Canadian Mounted Police Superannuation Act, as enacted by subsection 178(3) of the Act, is repealed. �� C. 26 Canadian Forces (2) Paragraph 11(5)(b) of the Royal Canadian Mounted Police Superannuation Act, as enacted by subsection 178(5) of the Act, is replaced by the following: (b) if the contributor has served in the Force for a period equal to or greater than the period prescribed by the regulations for the purposes of paragraph (a) but less than the period prescribed by the regulations for the purposes of paragraph (c), the contributor is entitled to a deferred annuity; (3) Paragraph 11(9)(b) of the Royal Canadian Mounted Police Superannuation Act, as enacted by subsection 178(7) of the Act, is amended by adding the word ‘‘or’’ at the end of subparagraph (iii), by striking out the word ‘‘or’’ at the end of subparagraph (iv) and by repealing subparagraph (v). (4) Subsection 11(11) of the Royal Canadian Mounted Police Superannuation Act, as enacted by subsection 178(7) of the Act, is replaced by the following: Return of contributions (11) Despite anything in this section, except as provided for in subsection (2), (7), (8) or (10), a contributor who ceases to be a member of the Force after serving in the Force for a period less than the period prescribed by the regulations for the purposes of paragraph (7)(a) is entitled only to a return of contributions. 46. Section 12.1 of the Royal Canadian Mounted Police Superannuation Act, as enacted by section 179 of the Act, is replaced by the following: Transfer value 12.1 (1) Despite any other provision of this Act, except subsection 24.1(6), but subject to the regulations, a contributor who has ceased to be a member of the Force, has served in the Force for a period equal to or greater than the period prescribed by the regulations and is not entitled to an immediate annuity is entitled, in the place of any other benefit under this Act to which the contributor would otherwise be entitled in respect of the pensionable service that the contributor has to their credit, to a transfer value that is payable to the contributor in accordance with subsection (2). 2002-2003 Where transferred Pension des Forc (2) The payment of a transfer value to which a contributor may be entitled under subsection (1) is effected by transferring it to, at the direction of the contributor, (a) a pension plan selected by the contributor that is registered under the Income Tax Act, if that pension plan so permits; (b) a retirement savings plan or fund for the contributor that is of the kind prescribed by the regulations; or (c) a financial institution authorized to sell immediate or deferred life annuities of the kind prescribed by the regulations, for the purchase from that financial institution of such an annuity for the contributor. Election to pay by instalments (3) If a contributor who is entitled to a transfer value has elected to pay for a period of pensionable service by means of instalments, the transfer value shall be determined in accordance with the regulations and by reference to the portion of the period of pensionable service that the contributor has paid for at the time prescribed in the regulations. Election (4) Once a transfer has been made under subsection (1), a person who is re-appointed or re-enlisted as a member of the Force after the transfer and becomes a contributor may only count as pensionable service the period of service to which the transfer relates if they elect, in accordance with the terms and conditions prescribed by the regulations, to pay the amount prescribed by the regulations at the time and in the manner prescribed by the regulations. 47. Subsection 24.1(7) of the Royal Canadian Mounted Police Superannuation Act, as enacted by section 191 of the Act, is replaced by the following: Payment of difference (7) Subject to subsection (8), if the amount paid by the Minister to an eligible employer pursuant to subsection (3) in respect of an employee is less than the transfer value that would be calculated in respect of that employee in accordance with section 12.1, whether or not the employee would otherwise be entitled to the transfer value, the Minister shall pay an amount equal to the amount of the �� C. 26 Canadian Forces difference to the employee in accordance with subsection 12.1(2). R.S., c. P-36 Public Service Superannuation Act 48. (1) Clause 6(1)(b)(iii)(I) of the Public Service Superannuation Act is replaced by the following: (I) any period of service in respect of which the contributor has received any amount by way of a return of contributions or other lump sum payment, other than a transfer value, under this Part or Part I of the Superannuation Act, if the contributor elects, within one year after subsequently becoming a contributor under this Part, to pay for that service, 1996, c. 18, s. 22(3) (2) Clause 6(1)(b)(iii)(M) of the Act is replaced by the following: (M) subject to the regulations, any period of service in respect of which payment of a transfer value or a commuted value, as the case may be, to a contributor has been effected in accordance with section 13.01 of this Act, section 22 of the Canadian Forces Superannuation Act or section 12.1 of the Royal Canadian Mounted Police Superannuation Act, if the contributor elects, in accordance with the regulations, to pay for that service, and 1999, c. 34, s. 61(2) 49. Subsection 8(8) of the Act is replaced by the following: Recovery of amounts due at time of death (8) When an amount payable by a contributor into the Superannuation Account or the Public Service Pension Fund by reservation from salary or otherwise has become due, but remains unpaid at the time of death, that amount, with interest at four per cent per annum from the time when it became due, may be recovered, in accordance with the regulations, from any allowance payable under this Part to the survivor or children of the contributor, without prejudice to any other recourse available to Her Majesty with respect to the recovery of it, and any amount so recovered shall be credited to the Superannuation Account or paid into the Public Service Pension Fund and is deemed, for the purposes 2002-2003 Pension des Forc of the definition ‘‘return of contributions’’ in subsection 10(1), to have been paid into that Account or Fund by the contributor. 1999, c. 34, s. 64(5) 50. The portion of subsection 12(4) of the Act after paragraph (a) is replaced by the following: (b) in the case of each child, an immediate annual allowance equal to one-fifth of the basic allowance or, if the contributor died without leaving a survivor, the survivor is dead or the survivor is not entitled to receive an allowance under this Part, other than an immediate annual allowance under section 13.1, two-fifths of the basic allowance, but the total amount of the allowances paid under paragraph (b) shall not exceed four-fifths of the basic allowance or, if the contributor died without leaving a survivor, the survivor is dead or the survivor is not entitled to receive an allowance under this Part, other than an immediate annual allowance under section 13.1, eight-fifths of the basic allowance. 1996, c. 18, s. 31 51. Subsection 13.01(1) of the Act is replaced by the following: Transfer value 13.01 (1) Despite any other provision of this Act, except subsections 40(7) and 40.2(6), but subject to the regulations, a contributor who has ceased to be employed in the Public Service and is not entitled to an immediate annuity and has to the contributor’s credit two or more years of pensionable service is entitled, in the place of any other benefit under this Act to which the contributor would otherwise be entitled in respect of that period of pensionable service, to a transfer value that is payable to the contributor in accordance with subsection (2). 1996, c. 18, s. 35 52. Paragraph 42.1(1)(v.4) of the Act is replaced by the following: (v.4) respecting the manner of determining the amount of a transfer value within the meaning of section 10, the terms and conditions under which a contributor may become entitled to a transfer value and any other matters that the Governor in Council �� C. 26 Canadian Forces considers necessary for the purposes of carrying out section 13.01; 53. Subsection 51(4) of the Act is replaced by the following: When regular force participant deemed participant (4) Despite anything in this Part, a participant who becomes a regular force participant ceases to be a participant under this Part, but if on ceasing to be a regular force participant they are not entitled to an immediate annuity or an immediate annual allowance under the Canadian Forces Superannuation Act and are entitled to an immediate annuity or an immediate annual allowance under Part I, they are deemed to have elected under subsection (1) to continue to be a participant under this Part. 1992, c. 46, s. 30 54. The portion of subsection 69(6) of the Act before paragraph (a) is replaced by the following: Minimum guaranteed amount (6) Despite subsections (1), (2) and (5) but subject to section 70, the amount of the supplementary benefit that may be paid for a month in any year to a recipient shall not be less than an amount equal to the difference obtained by subtracting the amount of the pension that may be paid to the recipient for that month in that year from the aggregate of the supplementary benefit and the maximum pension that would have been payable to that recipient for that month in that year, otherwise than pursuant to this section, if the retirement month of the retirement year of the recipient had been that month in such year as is determined by 55. The Act is amended by adding the following after section 71: Regulations 72. (1) The Governor in Council may make regulations respecting the manner in which and the extent to which any provisions of this Act or of any regulations made under this Act apply in respect of any service in the reserve force of the Canadian Forces of a contributor and adapting any of those provisions for the purposes of that application. 2002-2003 Pension des Forc Retroactive application of regulations (2) Regulations made under subsection (1) may, if they so provide, be retroactive and have effect with respect to any period before they are made. R.S., c. R-11 Royal Canadian Mounted Police Superannuation Act 56. Clause 6(b)(ii)(I) of the Royal Canadian Mounted Police Superannuation Act is replaced by the following: (I) any period of service in respect of which the contributor was entitled to be paid or was granted a return of contributions or other lump sum payment, other than a transfer value or a commuted value, under this Part or under Part V of the former Act, if the contributor elects, within one year after subsequently becoming a contributor under this Part, to pay for that service, 57. (1) Subsection 9(1) of the Act is amended by adding the following in alphabetical order: ‘‘transfer value’’ « valeur de transfert » ‘‘transfer value’’ means a lump sum amount, representing the value of the contributor’s pension benefits, as determined in accordance with the regulations. (2) Subsection 9(4) of the Act is repealed. 1999, c. 26, s. 16(3) 58. Subsection 10(6) of the Act is replaced by the following: Application (6) Subparagraphs (1)(a)(ii) and (iii), as enacted by subsection 16(1) of the Budget Implementation Act, 1999, apply with respect to benefits payable to or in respect of a person who contributes under section 5 on or after June 17, 1999 but do not apply to a person who became entitled to an annuity before that date, is re-appointed to or re-enlisted in the Force and is a contributor referred to in section 23 and who, on subsequently ceasing to be a member of the Force, is only entitled to a return of contributions. �� 1999, c. 34, s. 180(1) C. 26 Canadian Forces 59. (1) The portion of subsection 13(1) of the Act after paragraph (a) is replaced by the following: (b) in the case of each child, an immediate annual allowance equal to one-fifth of the basic allowance or, if the contributor died without leaving a survivor, the survivor is dead or the survivor is not entitled to receive an allowance under this Part, other than an immediate annual allowance under section 14.1, two-fifths of the basic allowance, but the total amount of the allowances paid under paragraph (b) shall not exceed four-fifths of the basic allowance or, if the contributor died without leaving a survivor, the survivor is dead or the survivor is not entitled to receive an allowance under this Part, other than an immediate annual allowance under section 14.1, eight-fifths of the basic allowance. 1999, c. 34, s. 180(2) (2) Subsection 13(3) of the Act is replaced by the following: Benefits (3) On the death of a contributor who was a member of the Force at the time of death, having to his or her credit a period of pensionable service equal to or greater than the period prescribed by the regulations, the survivor and children of the contributor are entitled to the annual allowances to which they would have been entitled under subsection (1) had the contributor, immediately before death, become entitled under this Part to an annuity or annual allowance. 1999, c. 34, s. 181 60. The portion of section 14 of the Act before paragraph (a) is replaced by the following: Benefits payable on death 14. On the death of a contributor who was a member of the Force at the time of death, having to his or her credit a period of pensionable service less than the period prescribed by the regulations, the survivor and children of the contributor, in any case where the contributor died leaving a survivor or a child less than eighteen years of age, are entitled jointly to a death benefit equal to 2002-2003 1999, c. 34, s. 189 Pension des Forc 61. Paragraph 23(a) of the Act is replaced by the following: (a) if, on subsequently ceasing to be a member of the Force, he or she is not entitled under this Part to any benefit other than a return of contributions, the amount returned shall not include any amount paid into the Superannuation Account or the Royal Canadian Mounted Police Pension Fund to his or her credit at any time before the time of his or her re-appointment to or re-enlistment in the Force, and whatever right or claim that, but for this section, he or she would have had to the original annuity on subsequently ceasing to be a member of the Force shall then be restored to him or her; and 1999, c. 34, s. 194(2) 62. (1) Paragraph 26.1(1)(c.2) of the Act is replaced by the following: (c.2) respecting the manner of determining the amount of a transfer value within the meaning of subsection 9(1), the terms and conditions under which a contributor may become entitled to a transfer value and any other matters that the Governor in Council considers necessary for the purposes of carrying out section 12.1; 1999, c. 34, s. 194(3) (2) Paragraph 26.1(1)(h.2) of the Act is replaced by the following: (h.2) prescribing periods of service in the Force and periods of pensionable service for the purposes of sections 11, 12.1, 13 and 14, these periods being in no case shorter than two years or longer than, in the case of paragraphs 11(7)(a) and 11(8)(a) and sections 13 and 14, five years, in the case of paragraphs 11(1)(a), 11(2)(a), 11(3)(a) and 11(5)(a), subparagraph 11(9)(b)(iii), subsection 11(11) and section 12.1, ten years, in the case of paragraphs 11(3)(c) and 11(5)(c), twenty years, in the case of paragraph 11(5)(d) and subparagraph 11(9)(b)(ii), twenty-five years, in the case of paragraph 11(9)(a) and clause 11(9)(b)(iii)(B), thirty years, and in the case of subsection 11(12), thirty-five years; �� C. 26 Canadian Forces 1992, c. 46, s. 80 63. The portion of subsection 39(5) of the Act before paragraph (a) is replaced by the following: Minimum guaranteed amount (5) Despite subsections (1), (2) and (4) but subject to section 40, the amount of the supplementary benefit that may be paid for a month in any year to a recipient shall not be less than an amount equal to the difference obtained by subtracting the amount of the pension that may be paid to the recipient for that month in that year from the aggregate of the supplementary benefit and the maximum pension that would have been payable to that recipient for that month in that year, otherwise than pursuant to this section, if the retirement month of the retirement year of the recipient had been that month in such year as is determined by 64. The Act is amended by adding the following after section 41: Regulations 42. (1) The Governor in Council may make regulations respecting the manner in which and the extent to which any provisions of this Act or of any regulations made under this Act apply in respect of any service in the reserve force of the Canadian Forces of a contributor and adapting any of those provisions for the purposes of that application. Retroactive application of regulations (2) Regulations made under subsection (1) may, if they so provide, be retroactive and have effect with respect to any period before they are made. Powers of Treasury Board (3) The Treasury Board may, in addition to the powers conferred on it by paragraph 7(2)(d) of the Financial Administration Act, exercise the powers of the Governor in Council under this section. 1992, c. 46, Sch. I Special Retirement Arrangements Act 2002, c. 17, s. 28 65. Subparagraph 10(a)(ii) of the Special Retirement Arrangements Act is replaced by the following: (ii) who is required to contribute to the Canadian Forces Superannuation Account referred to in section 4 of the Canadian Forces Superannuation Act, to the Canadian Forces Pension Fund as defined in subsection 2(1) of that Act or 2002-2003 Pension des Forc to a fund established under regulations made under section 59.1 of that Act, 2002, c. 17, s. 29(1) 66. Paragraph 11(1)(b) of the Act is replaced by the following: (b) who, on or after that day, is required to contribute to the Canadian Forces Superannuation Account referred to in section 4 of the Canadian Forces Superannuation Act, to the Canadian Forces Pension Fund as defined in subsection 2(1) of that Act or to a fund established under regulations made under section 59.1 of that Act and whose annual rate of pay is greater than the annual rate of pay that is fixed by the regulations made under paragraph 50(1)(g) of that Act or is greater than the annual rate that may be determined in the manner prescribed by those regulations; TRANSITIONAL PROVISIONS Return of contributions 67. A contributor who ceases to be a member of the regular force, as defined in subsection 2(1) of the Canadian Forces Superannuation Act, and is not entitled to an immediate annuity under Part I of that Act is entitled, at their option, exercised in accordance with the regulations under that Act, to a return of contributions if they have been a member continuously from the day immediately before the coming into force of this section until the day on which they ceased to be a member and they ceased to be a member of the regular force before the earliest of (a) the day that is two years after the coming into force of this section, (b) the day on which they have 20 years of service in the regular force that counts as pensionable service, and (c) the day on which they have reached the retirement age that is fixed by the regulations made under the National Defence Act as the retirement age applicable to their rank and have not less than 10 years of service in the regular force that counts as pensionable service. �� C. 26 Canadian Forces Child resuming attendance at school or university 68. If, before the coming into force of subsection 25(5) of the Canadian Forces Superannuation Act, as enacted by section 15 of this Act, payment of an allowance to a person ceased because, not being in fulltime attendance at a school or university, that person was not a child within the meaning of paragraph 25(4)(b) of that Act, as that provision read before that coming into force, payment of the allowance to the person shall be resumed from the day that the person is a child within the meaning of paragraph 25(5)(b) of that Act, as enacted by section 15 of this Act, but in no case shall payment be made under this section from a day that is earlier than that coming into force. Application of section 45 69. Section 45 applies only with respect to contributors who cease to be members of the Royal Canadian Mounted Police on or after the day on which this section comes into force. COORDINATING AMENDMENT Bill C-25 70. (1) Subsections (2) to (4) apply if Bill C-25, introduced in the 2nd Session of the 37th Parliament and entitled the Public Service Modernization Act (the ‘‘other Act’’), receives royal assent. (2) If section 136 of the other Act is not in force on the day on which subsection 4(2) of this Act comes into force, then, on that coming into force, section 136 of the other Act is repealed. (3) If section 136 of the other Act and subsection 4(2) of this Act come into force on the same day, then subsection 4(2) of this Act is deemed to have come into force first, and subsection (2) applies. (4) If subparagraph 225(z.19)(xv) of the other Act comes into force before or on the same day as section 50 of this Act, then, on the coming into force of that section 50, subsection 13.01(1) of the English version of the Public Service Superannuation Act is replaced by the following: 2002-2003 Transfer value Pension des Forc 13.01 (1) Despite any other provision of this Act, except subsections 40(7) and 40.2(6), but subject to the regulations, a contributor who has ceased to be employed in the public service and is not entitled to an immediate annuity and has to the contributor’s credit two or more years of pensionable service is entitled, in the place of any other benefit under this Act to which the contributor would otherwise be entitled in respect of that period of pensionable service, to a transfer value that is payable to the contributor in accordance with subsection (2). COMING INTO FORCE Coming into force 71. The provisions of this Act, other than section 70, and the provisions of any Act as enacted by this Act, come into force on a day or days to be fixed by order of the Governor in Council. Published under authority of the Speaker of the House of Commons Available from: ������������� ����������������� ���������� ���������� Ottawa, Canada K1A 0S9 ��������� ����� ������������� ����������������� ���������� ����������� ������� ������� ��� ���

Second Session, Thirty-seventh Parliament, 51-52 Elizabeth II, 2002-2003 STATUTES OF CANADA 2003 CHAPTER 22 An Act to modernize employment and labour relations in the public service and to amend the Financial Administration Act and the Canadian Centre for Management Development Act and to make consequential amendments to other Acts BILL C-25 ASSENTED TO 7th NOVEMBER, 2003 RECOMMENDATION Her Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled ‘‘An Act to modernize employment and labour relations in the public service and to amend the Financial Administration Act and the Canadian Centre for Management Development Act and to make consequential amendments to other Acts’’. SUMMARY Part 1 enacts the Public Service Labour Relations Act to provide for a labour relations regime in the public service which is based on greater cooperation and consultation between the employer and bargaining agents, notably by requiring labour-management consultation committees, enabling co-development, enhancing conciliation and providing for negotiated essential services agreements. This new Act eliminates certain managerial and confidential exclusions and brings unfair labour practices up-to-date. It provides for the establishment of conflict management capacity within departments and more comprehensive grievance provisions. It also establishes the Public Service Labour Relations Board whose mandate is to provide adjudication services, mediation services and compensation analysis and research services. Part 2 amends the Financial Administration Act to put direct responsibility for certain aspects of human resources management in the hands of deputy heads, subject to policies and directives of the Treasury Board. New deputy head responsibilities include determining learning and developmental requirements, providing awards and setting standards of discipline. Part 2 also amends that Act to provide for annual reporting to Parliament by the President of the Treasury Board on the application of the human resources management provisions of the Act. ��� ������������� ������������ ��� ��������� �� ��� ������������� �������� ������������� �� ��� ��������� �������� ��������������������� Division 1 of Part 3 enacts a new Public Service Employment Act to modernize staffing in the public service while retaining the core values of merit, excellence, non-partisanship, representativeness and the ability to serve members of the public with integrity in the official language of their choice. The Act gives a new meaning to merit and creates new arrangements for staffing recourse, one of the features of which is the Public Service Staffing Tribunal. The Public Service Commission will continue to conduct investigations and audits on matters within its jurisdiction. The Act establishes, in addition to the annual reporting by the Public Service Commission, a requirement for the President of the Treasury Board to report annually to Parliament on the Treasury Board’s responsibilities under the Act. Division 2 of Part 3 amends the existing Public Service Employment Act to permit certain elements of the new Act to come into force sooner. The amendments establish a new Public Service Commission to administer the existing Act and to prepare the regulatory and policy framework for the new Act. They also establish a new Public Service Staffing Tribunal to prepare for the coming into force of the new Act and establish a new regime governing the political activities of public servants in a manner that balances their right to engage in those activities while maintaining the principle of political impartiality in the public service. Part 4 amends the Canadian Centre for Management Development Act, which becomes the Canada School of Public Service Act. The School becomes responsible for learning and development activities for employees in the public service. Parts 5, 6 and 7 contain transitional provisions and consequential and coordinating amendments. Part 8 repeals the Public Service Employment Act, chapter P-33 of the Revised Statutes of Canada, 1985, and the Public Service Staff Relations Act, chapter P-35 of the Revised Statutes of Canada, 1985. Part 9 contains coming into force provisions. TABLE OF PROVISIONS AN ACT TO MODERNIZE EMPLOYMENT AND LABOUR RELATIONS IN THE PUBLIC SERVICE AND TO AMEND THE FINANCIAL ADMINISTRATION ACT AND THE CANADIAN CENTRE FOR MANAGEMENT DEVELOPMENT ACT AND TO MAKE CONSEQUENTIAL AMENDMENTS TO OTHER ACTS 1. Short title PART 1 PUBLIC SERVICE LABOUR RELATIONS ACT 2. Enactment of Act AN ACT RESPECTING LABOUR RELATIONS IN THE PUBLIC SERVICE Preamble SHORT TITLE 1. Short title 2. Definitions 3. Descriptive cross-references INTERPRETATION PART 1 LABOUR RELATIONS Interpretation 4. Definitions DIVISION 1 EMPLOYEE FREEDOMS 5. Employee freedoms DIVISION 2 MANAGEMENT RIGHTS 6. Right of Treasury Board preserved 7. Right of employer preserved �� DIVISION 3 CONSULTATION COMMITTEES AND CO-DEVELOPMENT 8. Consultation committee 9. 10. Meaning of ‘‘co-development of workplace improvements’’ Co-development of workplace improvements 11. National Joint Council DIVISION 4 PUBLIC SERVICE LABOUR RELATIONS BOARD Establishment and Composition 12. Board established Mandate 13. Mandate 14. Adjudication services 15. Mediation services 16. Compensation analysis and research services 17. National Joint Council Appointment of Members 18. Qualifications 19. Appointments of other members from list 20. Full or part-time members 21. Residence of full-time members 22. Tenure 23. Remuneration Remuneration Application of Acts 24. Application of Public Service Superannuation Act 25. Application of other Acts Head Office and Meetings 26. Head office 27. Time and place of meetings 28. Quorum 29. Attendance of part-time members at meetings 30. Decision of majority Panels 31. Composition �� 32. Powers, rights and privileges 33. Chairperson of the panel 34. Death or incapacity of member 35. Decision of panel 36. Powers and functions of the Board 37. Provision of assistance to parties 38. Delegation by Board 39. Authority to make regulations 40. Powers of Board 41. Determination without oral hearing 42. Scope of orders 43. Review of orders and decisions Powers and Functions of the Board Chairperson 44. Chief executive officer 45. Delegation by Chairperson 46. Absence of Chairperson Human Resources 47. Responsibility for human resources management 48. Executive Director of Board 49. Other persons 50. Experts and advisers Judicial Review and Enforcement of Orders 51. Orders not to be reviewed by court 52. Filing of Board’s orders in Federal Court Advisory Board 53. Minister to establish DIVISION 5 BARGAINING RIGHTS Certification of Bargaining Agents 54. Right to apply 55. Agreements for term of two years or less 56. Continuation of terms and conditions 57. Determination of unit 58. 59. Determination of questions of membership in bargaining units Application 60. Copy to employee organization 61. Objection 62. Decision on objection �� 63. When no objection filed 64. Conditions for certification 65. Representation vote 66. Employer participation 67. Effect of certification 68. Termination of existing collective agreement or arbitral award Rights of previous or new bargaining agent 69. Changes to Certification 70. Review of structure of bargaining units 71. Application 72. Copy to bargaining agent 73. Objection 74. Decision on objection 75. When no objection filed 76. Membership dues 77. Application for revocation of order 78. Decision Successor Rights and Obligations 79. Mergers, amalgamations and transfers of jurisdiction 80. Definitions 81. Continuation of collective agreement or arbitral award 82. Parties may amend 83. Application for certification 84. Power of Board 85. Application for leave to give notice to bargain collectively 86. Application for leave to give notice to bargain collectively 87. Notice to bargain given before conversion 88. Duty to observe terms and conditions 89. Application and notice to bargain 90. Inquiry and votes 91. Consideration of employer’s classification 92. Determination of questions of membership in bargaining units Employer participation 93. Revocation of Certification 94. 95. When employee organization no longer represents employees Taking of representation vote 96. Revocation of certification 97. Certification obtained by fraud � 98. Employer participation or discrimination 99. Abandonment of certification 100. Council of employee organizations 101. Effect of revocation 102. Direction DIVISION 6 CHOICE OF PROCESS FOR DISPUTE RESOLUTION 103. Choice of process 104. Change of process DIVISION 7 COLLECTIVE BARGAINING AND COLLECTIVE AGREEMENTS Negotiation of Collective Agreements 105. Notice to bargain collectively 106. Duty to bargain in good faith 107. Duty to observe terms and conditions 108. Appointment of mediator 109. Negotiation of single collective agreement 110. Two-tier bargaining Collective Agreements 111. Authority of Treasury Board 112. Authority of separate agency 113. 114. Collective agreement not to require legislative implementation Agreement is binding 115. When agreement has effect 116. Minimum duration 117. Duty to implement provisions of the collective agreement 118. Parties may amend DIVISION 8 ESSENTIAL SERVICES 119. Application of Division 120. Employer determines levels of service 121. Proportion of duties may vary during strike 122. Obligation to negotiate 123. Application to the Board 124. Coming into force of agreement 125. Duration 126. Notice to negotiate amendment 127. Application to Board 128. Coming into force of amendment � 129. Replacement positions 130. Notification of employees 131. Emergency application 132. Duty to observe terms and conditions 133. Extension of time 134. Filing of essential services agreement DIVISION 9 ARBITRATION Application of Division 135. Application Request for Arbitration 136. Request for arbitration Establishment of Arbitration Board 137. Establishment 138. Constitution 139. Board with single member 140. Board with three members 141. Eligibility 142. Notification of establishment 143. Death, incapacity or resignation of single member Referral to Arbitration 144. Referral to arbitration Duty and Powers 145. Assistance to parties 146. Procedure 147. Powers 148. Factors to be considered Making of Arbitral Award 149. Making of arbitral award 150. Award not to require legislative implementation 151. Decision of majority 152. Form of award 153. Copy sent to parties Duration and Operation of Arbitral Award 154. Binding effect 155. When arbitral award has effect 156. Term of arbitral award Implementation 157. Duty to implement provisions of the arbitral award �� Matters Not Dealt With 158. Reference of matters not dealt with Amendment 159. Amendment DIVISION 10 CONCILIATION Application of Division 160. Application Request for Conciliation 161. Request for conciliation Establishment of Public Interest Commission 162. Recommendation to establish 163. Chairperson’s initiative 164. Constitution 165. List 166. Commission with single member 167. Commission with three members 168. Eligibility 169. Notification of establishment 170. Death, incapacity or resignation of single member 171. Delivery of notice Powers and Functions 172. Assistance to parties 173. Procedure 174. Powers 175. Factors to be considered Report 176. Report to Chairperson 177. Report not to require legislative implementation 178. Findings and recommendations of majority 179. Reconsideration of matters contained in report 180. Copy of report to be sent to parties 181. Agreement to be bound 182. Alternate dispute resolution process Alternate Dispute Resolution Process Vote on Employer’s Offer 183. Minister may order vote to be held �� DIVISION 11 STRIKE VOTES 184. Secret ballot vote DIVISION 12 UNFAIR LABOUR PRACTICES 185. Meaning of ‘‘unfair labour practice’’ 186. Unfair labour practices — employer 187. Unfair representation by bargaining agent 188. Unfair labour practices — employee organizations 189. Unfair labour practices — persons DIVISION 13 COMPLAINTS 190. Complaints 191. Duty and power of the Board 192. Orders DIVISION 14 PROHIBITIONS AND ENFORCEMENT Acts of Officers and Representatives of Employee Organizations 193. Acts deemed to be those of employee organization Prohibitions Relating to Strikes 194. Declaration or authorization of strike prohibited 195. Non-employees 196. Participation prohibited 197. Right to strike limited during period between Parliaments Declarations and Orders Relating to Strikes 198. Application for declaration that conduct is unlawful Prohibition Relating to Essential Services 199. Obstruction Offences and Punishment 200. Persons 201. Employees 202. Employee organizations 203. Officers and representatives of employee organizations 204. Employer 205. Consent to prosecution �� PART 2 GRIEVANCES Interpretation 206. Definitions Conflict Management 207. Informal conflict management system Individual Grievances Presentation 208. Right of employee Reference to Adjudication 209. Reference to adjudication 210. Notice to Canadian Human Rights Commission 211. Exception Representation 212. Right to be represented by employee organization 213. Right to be represented by employee organization Binding Effect 214. Binding effect Group Grievances Presentation 215. Right of bargaining agent Reference to Adjudication 216. Reference to adjudication 217. Notice to Canadian Human Rights Commission Withdrawal from Group Grievance 218. Right of employee to withdraw 219. Effect of notice Policy Grievances Presentation 220. Right of employer and bargaining agent Reference to Adjudication 221. Reference to adjudication 222. Notice to Canadian Human Rights Commission � Adjudication Referral by Chairperson 223. Notice Board of Adjudication 224. Constitution Jurisdiction 225. Compliance with procedures Powers 226. Powers 227. Determination without oral hearing Decision of Adjudicator 228. Hearing of grievance 229. Decision requiring amendment 230. Determination of reasonableness of opinion 231. Determination of consent requirement 232. Decision in respect of certain policy grievances 233. Decisions not to be reviewed by court 234. Filing of order in Federal Court Expenses of Adjudication 235. Aggrieved employee not represented by agent 236. Disputes relating to employment No Right of Action Regulations 237. Regulations 238. Regulations PART 3 OCCUPATIONAL HEALTH AND SAFETY Interpretation 239. Meaning of public service 240. Application to public service Part II of Canada Labour Code PART 4 GENERAL Defects in Proceedings 241. Defect in form or irregularity � Restriction on Admissibility of Evidence 242. Admissibility Protection 243. Evidence respecting information obtained 244. No disclosure of notes and drafts 245. Criminal or civil proceedings Oaths and Solemn Affirmations 246. Oath or solemn affirmation Remuneration and Expenses 247. Remuneration and expenses Witness Fees 248. Payment of witness fees Provision of Facilities and Human Resources 249. Facilities and human resources Application of Safety or Security Provisions 250. Application of safety or security provisions Annual Report 251. Obligation to prepare Five-year Review 252. Review PART 2 AMENDMENTS TO THE FINANCIAL ADMINISTRATION ACT 3-11. Financial Administration Act PART 3 PUBLIC SERVICE EMPLOYMENT ACT DIVISION 1 ENACTMENT OF ACT 12. Enactment of Act AN ACT RESPECTING EMPLOYMENT IN THE PUBLIC SERVICE Preamble �� SHORT TITLE 1. Short title INTERPRETATION 2. Definitions 3. Descriptive cross-references PART 1 PUBLIC SERVICE COMMISSION, DEPUTY HEADS AND EMPLOYER Commission 4. Commission continued 5. Salaries 6. President 7. Quorum 8. Head office 9. Human resources 10. Experts and advisers Mandate and Functions of Commission 11. Mandate 12. Functions assigned by Governor in Council 13. Delegation to Commissioners and employees 14. Consultation by Commission Delegation by Commission to Deputy Heads 15. Exercise of powers and functions by deputy heads 16. Compliance with appointment policies Commission Audits 17. Audits by Commission 18. Powers of Commission 19. Persons acting for Commission Exclusions from this Act 20. Exclusion of positions and persons 21. Regulations of Governor in Council Regulations of Commission 22. General regulatory power Reports — Commission 23. Preparation of report �� Deputy Heads 24. Delegation by deputy head 25. Acting deputy head Regulations and Policies of Employer 26. Regulations of Treasury Board 27. Consultation by employer Annual Report — Treasury Board 28. President of Treasury Board PART 2 APPOINTMENTS Authority to Appoint 29. Commission’s exclusive authority Basis of Appointment 30. Appointment on basis of merit 31. Qualification standards 32. Professional development programs 33. Appointment processes 34. Area of selection 35. Mobility — separate agencies 36. Assessment methods 37. Language of examination 38. Exceptions to merit Preferences, Priorities and Entitlements 39. Preference to veterans and Canadian citizens 40. Priority — surplus employees 41. Priority — persons on leave 42. Failure to appoint person on leave 43. Non-application of priority provisions 44. Participation in advertised process — lay-offs 45. Non-application to term employees 46. Deemed lay-off Informal Discussion and Appointment 47. Informal discussion with employee 48. Person being considered for appointment 49. Finality of appointments �� Casual Employment 50. Appointment PART 3 51. DEPLOYMENTS Authority of deputy heads to deploy 52. Previous position 53. Deployment not an appointment PART 4 54. EMPLOYMENT Oath or affirmation 55. Effective date of appointment or deployment 56. Effective date of appointment 57. Indeterminate employment 58. Term appointment or deployment 59. Conversion to indeterminate 60. Rate of pay on appointment 61. Probationary period 62. Termination of employment 63. Resignation 64. Laying off of employees 65. Complaint to Tribunal re lay-off PART 5 INVESTIGATIONS AND COMPLAINTS RELATING TO APPOINTMENTS Investigation of Appointments by Commission 66. External appointments 67. Internal appointments — no delegation 68. Political influence 69. Fraud 70. Powers of Commission 71. Persons acting for Commission 72. Right to make submissions 73. Re-appointment following revocation Complaints to Tribunal — Revocation of Appointment 74. Complaint 75. Right to be heard 76. Revocation set aside �� Complaints to Tribunal — Internal Appointments 77. Grounds of complaint 78. Notice to Canadian Human Rights Commission 79. Right to be heard 80. Application of Canadian Human Rights Act 81. Corrective action when complaint upheld 82. Restrictions 83. Failure of corrective action 84. Powers of Tribunal 85. Right to be heard 86. Appointment to other position 87. Where no right to complain PART 6 PUBLIC SERVICE STAFFING TRIBUNAL Composition and Mandate 88. Tribunal continued 89. Tenure 90. Temporary members 91. Carrying out functions 92. Remuneration 93. Offices 94. Chief executive officer 95. Human resources 96. Political activities 97. Mediation services 98. Hearing by single member 99. Powers of Tribunal 100. Former member continuing to act 101. Copy of decision provided 102. Decisions final 103. Filing of order in Federal Court Complaint Procedure General 104. Members not compellable as witnesses 105. Notes and drafts not to be disclosed 106. Immunity from proceedings 107. Oath or affirmation 108. Payment of witness fees �� Regulations and Report 109. Regulations of Tribunal 110. Annual report PART 7 POLITICAL ACTIVITIES Interpretation 111. Definitions Purpose of Part 112. Purpose 113. Permitted activities 114. Seeking candidacy 115. Candidacy in municipal elections 116. Notice Employees Deputy Heads 117. Political activities Allegations 118. Investigation and corrective action — employees 119. Investigation and dismissal — deputy head 120. Powers under Inquiries Act 121. Persons acting for Commission 122. Right to be heard PART 8 GENERAL Application of Act 123. Regulations of Governor in Council 124. Application of regulations Head of Public Service 125. Appointment by Governor in Council 126. Clerk of Privy Council 127. Report of head of the public service 128. Ministerial staff 129. Regulations Ministerial Staff Public Officials 130. Appointments by Governor in Council �� Diplomatic Personnel 131. Diplomatic appointments Block Transfers 132. Transfer of employees Offence 133. Fraud 134. Authority to administer Oaths and Affirmations Access to Facilities and Information 135. Access by Commission 136. Review 13. Schedule to the Public Service Employment Act Five-year Review DIVISION 2 AMENDMENTS TO THE PUBLIC SERVICE EMPLOYMENT ACT 14-20. Public Service Employment Act PART 4 AMENDMENTS TO THE CANADIAN CENTRE FOR MANAGEMENT DEVELOPMENT ACT 21-35. Canadian Centre for Management Development Act PART 5 TRANSITIONAL DIVISION 1 TRANSITIONAL PROVISIONS ARISING FROM THE ENACTMENT OF THE PUBLIC SERVICE LABOUR RELATIONS ACT IN PART 1 Interpretation 36. Definitions Public Service Staff Relations Board 37. Certain members continue 38. Deputy Chairpersons 39. Transfer of proceedings 40. Fees and expenses 41. Limitation period 42. Secretary of former Board �� 43. Rights and obligations transferred 44. References 45. Transfer of appropriations 46. Continuation of legal proceedings 47. Decisions, etc., continued Bargaining Agents and Bargaining Units 48. Certification continued 49. Legal officers 50. Certain positions continued Managerial or Confidential Position Choice of Process for Dispute Resolution 51. Process for resolution of disputes Collective Agreements and Arbitral Awards 52. Collective agreements 53. Arbitral awards Conciliators and Fact Finders 54. Conciliators 55. Fact finders Alternate Dispute Resolution Process 56. Section 61 of the former Act 57. Arbitration Arbitration Designations, Conciliation and Prohibitions 58. Provisions of former Act apply Complaints 59. Complaints referred to in par. 23(1)(b) of former Act 60. Complaints referred to in par. 23(1)(c) of former Act Grievances 61. Former Act applies 62. Fees and expenses 63. Limitation period 64. Events giving rise to individual grievances 65. Events giving rise to policy grievances 66. Former adjudication orders DIVISION 2 TRANSITIONAL PROVISION ARISING FROM THE AMENDMENTS TO THE FINANCIAL ADMINISTRATION ACT IN PART 2 67. Deemed designated portions �� DIVISION 3 TRANSITIONAL PROVISIONS ARISING FROM PART 3 68. Definitions Subdivision a Transitional Provisions Arising from the Enactment of the Public Service Employment Act in Division 1 of Part 3 69. Priorities 70. Pending competitions and appointments 71. Eligibility lists 72. Pending appeals 73. Pending deployment recourse 74. Audits 75. Notice of lay-off 76. Employees on probation Subdivision b Transitional Provisions Arising from the Amendments to the Public Service Employment Act in Division 2 of Part 3 77. Cessation of office 78. Policies, delegation instruments, etc. 79. Status of Commission employees 80. Rights and obligations transferred 81. References 82. Transfer of appropriations 83. Continuation of legal proceedings 84. Inquiry DIVISION 4 TRANSITIONAL PROVISIONS ARISING FROM THE AMENDMENTS TO THE CANADIAN CENTRE FOR MANAGEMENT DEVELOPMENT ACT IN PART 4 85. References 86. Transitional — governors 87. Transitional — employees �� PART 6 CONSEQUENTIAL AMENDMENTS DIVISION 1 CONSEQUENTIAL AMENDMENTS ARISING FROM THE ENACTMENT PUBLIC SERVICE LABOUR RELATIONS ACT IN PART 1 AND THE AMENDMENTS TO THE FINANCIAL ADMINISTRATION ACT IN PART 2 OF THE 88. Access to Information Act 89. Aeronautics Act 90-92. Auditor General Act 93-94. Bank of Canada Act 95-99. Canada Customs and Revenue Agency Act 100-103. Canada Elections Act 104-105. Canada Evidence Act 106. Canada Grain Act 107-112. Canada Labour Code 113-114. Canada Marine Act 115-116. Canada Mortgage and Housing Corporation Act 117-121. Canada-Newfoundland Atlantic Accord Implementation Act 122-126. Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act 127-128. Canada Oil and Gas Operations Act 129-130. Canada Pension Plan 131. Canada Petroleum Resources Act 132-133. Canada School of Public Service Act 134. Canadian Commercial Corporation Act 135. Canadian Food Inspection Agency Act 136. Canadian Forces Superannuation Act 137. Canadian Human Rights Act 138-141. Canadian Institutes of Health Research Act 142. Canadian Payments Act 143-146. Canadian Security Intelligence Service Act 147. Canadian Space Agency Act 148. Children’s Special Allowances Act 149. Citizenship Act 150-151. Civil Air Navigation Services Commercialization Act 152-153. Cooperative Energy Act 154. Copyright Act �� 155. Corrections and Conditional Release Act 156-157. Courts Administration Service Act 158-159. Defence Production Act 160. Department of Human Resources Development Act 161. Department of Veterans Affairs Act 162. Diplomatic Service (Special) Superannuation Act 163-165. Employment Equity Act 166. Farm Products Agencies Act 167. Federal Court Act 168. Financial Administration Act 169-170. Financial Consumer Agency of Canada Act 171. Hazardous Materials Information Review Act 172-173. Immigration and Refugee Protection Act 174. Inquiries Act 175. National Film Act 176. Non-smokers’ Health Act 177. Office of the Superintendent of Financial Institutions Act 178-179. Old Age Security Act 180-181. Parks Canada Agency Act 182-187. Parliamentary Employment and Staff Relations Act 188. Pension Act 189. Privacy Act 190-191. Proceeds of Crime (Money Laundering) and Terrorist Financing Act 192-206. Public Service Employment Act 207-208. Public Service Rearrangement and Transfer of Duties Act 209-214. Public Service Superannuation Act 215. Publication of Statutes Act 216-217. Royal Canadian Mounted Police Act 218. Royal Canadian Mounted Police Superannuation Act 219. Saguenay-St. Lawrence Marine Park Act 220-221. Status of the Artist Act 222. War Veterans Allowance Act Terminology Changes 223. Replacement of ‘‘Public Service Staff Relations Act’’ 224. Replacement of ‘‘public service of Canada’’ 225-226. Replacement of ‘‘Public Service’’ �� DIVISION 2 CONSEQUENTIAL AMENDMENTS ARISING FROM PART 3 Subdivision a Consequential Amendments Arising from the Enactment of the Public Service Employment Act in Division 1 of Part 3 227-228. Auditor General Act 229-230. Canada Customs and Revenue Agency Act 231. Canada-Newfoundland Atlantic Accord Implementation Act 232. Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act 233. Canadian Institutes of Health Research Act 234. Canadian Security Intelligence Service Act 235. Canadian Space Agency Act 236-238. Employment Equity Act 239. Financial Administration Act 240. National Film Act 241. Parks Canada Agency Act 242. Proceeds of Crime (Money Laundering) and Terrorist Financing Act 243. Public Service Labour Relations Act 244. Referendum Act 245. Veterans Benefit Act Subdivision b Consequential Amendments Arising from the Amendments to the Public Service Employment Act in Division 2 of Part 3 246. Access to Information Act 247. Financial Administration Act 248. Privacy Act 249. Public Service Staff Relations Act 250. Public Service Superannuation Act DIVISION 3 CONSEQUENTIAL AMENDMENTS ARISING FROM THE AMENDMENTS TO THE CANADIAN CENTRE FOR MANAGEMENT DEVELOPMENT ACT IN PART 4 251-252. Access to Information Act 253-254. Financial Administration Act 255-256. Privacy Act �� 257-258. Public Service Staff Relations Act 259-260. Public Service Superannuation Act 261. Revolving Funds Act PART 7 COORDINATING AMENDMENTS 262-263. Public Service Modernization Act 264-268. Financial Administration Act 269-270. Public Service Employment Act 271-272. Public Service Employment Act 273-275. Public Service Labour Relations Act 276. Yukon Act 277. Bill C-2 278. Bill C-6 279. Bill C-12 280. Bill C-13 281. Bill C-17 282. Bill C-18 283. Bill C-19 PART 8 REPEALS 284-285. Repeals PART 9 286. COMING INTO FORCE Coming into force SCHEDULES 1 AND 2 51-52 ELIZABETH II CHAPTER 22 An Act to modernize employment and labour relations in the public service and to amend the Financial Administration Act and the Canadian Centre for Management Development Act and to make consequential amendments to other Acts [Assented to 7th November, 2003] Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: Short title 1. This Act may be cited as the Public Service Modernization Act. PART 1 PUBLIC SERVICE LABOUR RELATIONS ACT 2. The Public Service Labour Relations Act is enacted as follows: Preamble An Act respecting labour relations in the public service Recognizing that the public service labour-management regime must operate in a context where protection of the public interest is paramount; effective labour-management relations represent a cornerstone of good human resource management and that collaborative efforts between the parties, through communication and sustained dialogue, improve the ability of the public service to serve and protect the public interest; collective bargaining ensures the expression of diverse views for the purpose of establishing terms and conditions of employment; the Government of Canada is committed to fair, credible and efficient resolution of mat� C. 22 Public Service M ters arising in respect of terms and conditions of employment; the Government of Canada recognizes that public service bargaining agents represent the interests of employees in collective bargaining and participate in the resolution of workplace issues and rights disputes; commitment from the employer and bargaining agents to mutual respect and harmonious labour-management relations is essential to a productive and effective public service; NOW, THEREFORE, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: SHORT TITLE Short title 1. This Act may be cited as the Public Service Labour Relations Act. INTERPRETATION Definitions 2. (1) The following definitions apply in this Act. ‘‘adjudicator’’ « arbitre de grief » ‘‘adjudicator’’ means a member assigned to hear and determine a grievance referred to adjudication under subsection 209(1) or section 216 or 221 and includes, if the context permits, a board of adjudication established under paragraph 223(2)(c), a person named as an adjudicator in a collective agreement and a person otherwise selected as an adjudicator by the parties to the grievance. ‘‘arbitral award’’ « décision arbitrale » ‘‘arbitral award’’ means an award made by an arbitration board in respect of a dispute. ‘‘arbitration board’’ « conseil d’arbitrage » ‘‘arbitration board’’ means a board established under Division 9 of Part 1. ‘‘bargaining agent’’ « agent négociateur » ‘‘bargaining agent’’ means an employee organization that is certified by the Board as the bargaining agent for the employees in a bargaining unit. 2002-2003 Modernisation de la ‘‘bargaining unit’’ « unité de négociation » ‘‘bargaining unit’’ means a group of two or more employees that is determined by the Board to constitute a unit of employees appropriate for collective bargaining. ‘‘Board’’ « Commission » ‘‘Board’’ means the Public Service Labour Relations Board established by section 12. ‘‘Chairperson’’ « président » ‘‘Chairperson’’ means the Chairperson of the Board. ‘‘collective agreement’’ « convention collective » ‘‘collective agreement’’ means an agreement in writing, entered into under Part 1 between the employer and a bargaining agent, containing provisions respecting terms and conditions of employment and related matters. ‘‘core public administration’’ « administration publique centrale » ‘‘core public administration’’ has the same meaning as in subsection 11(1) of the Financial Administration Act. ‘‘council of employee organizations’’ « regroupement d’organisations syndicales » ‘‘council of employee organizations’’ means a council formed by two or more employee organizations. ‘‘deputy head’’ « administrateur général » ‘‘deputy head’’ means a deputy head referred to in any of paragraphs (a) to (c) of the definition ‘‘deputy head’’ in subsection 11(1) of the Financial Administration Act. ‘‘dispute’’ « différend » ‘‘dispute’’ means a dispute or difference that arises in connection with the entering into, renewal or revision of a collective agreement and in respect of which arbitration may be requested under subsection 136(1) or conciliation may be requested under subsection 161(1). ‘‘employee’’ « fonctionnaire » ‘‘employee’’, except in Part 2, means a person employed in the public service, other than (a) a person appointed by the Governor in Council under an Act of Parliament to a statutory position described in that Act; (b) a person locally engaged outside Canada; (c) a person not ordinarily required to work more than one third of the normal period for persons doing similar work; � C. 22 Public Service M (d) a person who is a member or special constable of the Royal Canadian Mounted Police or who is employed by that force under terms and conditions substantially the same as those of one of its members; (e) a person employed in the Canadian Security Intelligence Service who does not perform duties of a clerical or secretarial nature; (f) a person employed on a casual basis; (g) a person employed on a term basis, unless the term of employment is for a period of three months or more or the person has been so employed for a period of three months or more; (h) a person employed by the Board; (i) a person who occupies a managerial or confidential position; or (j) a person who is employed under a program designated by the employer as a student employment program. ‘‘employee organization’’ « organisation syndicale » ‘‘employee organization’’ means an organization of employees the purposes of which include the regulation of relations between the employer and its employees for the purposes of Parts 1 and 2, and includes, unless the context otherwise requires, a council of employee organizations. ‘‘employer’’ « employeur » ‘‘employer’’ means Her Majesty in right of Canada as represented by (a) the Treasury Board, in the case of a department named in Schedule I to the Financial Administration Act or another portion of the federal public administration named in Schedule IV to that Act; and (b) the separate agency, in the case of a portion of the federal public administration named in Schedule V to the Financial Administration Act. ‘‘managerial or confidential position’’ « poste de direction ou de confiance » ‘‘managerial or confidential position’’ means a position declared to be a managerial or confidential position by an order made by the Board under subsection 62(1), section 63, subsection 74(1) or section 75. 2002-2003 Modernisation de la ‘‘member’’ « commissaire » ‘‘member’’ means a member of the Board, whether full-time or part-time. ‘‘membership dues’’ « cotisations syndicales » ‘‘membership dues’’, in respect of employees represented by a bargaining agent, means the amount that the employer is required to deduct from the pay of the employees and remit to the bargaining agent under any collective agreement that is entered into between the employer and the bargaining agent. ‘‘Minister’’ « ministre » ‘‘Minister’’ means the member of the Queen’s Privy Council for Canada, other than a member of the Treasury Board, designated by the Governor in Council as the Minister for the purposes of this Act. ‘‘public service’’ « fonction publique » ‘‘public service’’, except in Part 3, means the several positions in or under (a) the departments named in Schedule I to the Financial Administration Act; (b) the other portions of the federal public administration named in Schedule IV to that Act; and (c) the separate agencies named in Schedule V to that Act. ‘‘separate agency’’ « organisme distinct » ‘‘separate agency’’ has the same meaning as in subsection 11(1) of the Financial Administration Act. ‘‘strike’’ « grève » ‘‘strike’’ includes a cessation of work or a refusal to work or to continue to work by persons employed in the public service, in combination, in concert or in accordance with a common understanding, and a slowdown of work or any other concerted activity on the part of such persons that is designed to restrict or limit output. ‘‘ViceChairperson’’ « vice-président » ‘‘Vice-Chairperson’’ means a Vice-Chairperson of the Board. Employment status preserved (2) A person does not cease to be employed in the public service by reason only that the person ceases to work as a result of a strike or by reason only of the termination of the � C. 22 Public Service M person’s employment contrary to this Act or any other Act of Parliament. Persons who are not employees (3) For greater certainty, a person is not an employee if (a) the person is engaged under subsection 50(1); or (b) the person’s compensation for the performance of the regular duties of the person’s position or office consists of fees of office or is related to the revenue of the office in which the person is employed. Casual employment (4) For the purposes of paragraph (f) of the definition ‘‘employee’’ in subsection (1), a person employed in the part of the public service to which the Public Service Commission has the exclusive right and authority to make appointments is employed on a casual basis if the person was appointed under section 21.2 of the Public Service Employment Act. References to occupants of positions (5) Every reference to a person who occupies a position, or to the occupant of a position, includes a person who is acting in that position or who has assumed wholly or substantially the duties and responsibilities of that position, and a reference to a person’s position includes the position of a person who is acting in that position or who has assumed wholly or substantially the duties and responsibilities of that position. 3. If, in any provision of this Act, a reference to another provision of this Act is followed by words in parentheses that are descriptive of the subject-matter of that other provision, the words in parentheses form no part of the provision in which they occur and are deemed to have been inserted for convenience of reference only. Descriptive crossreferences PART 1 LABOUR RELATIONS Interpretation Definitions 4. (1) The following definitions apply in this Part. ‘‘essential service’’ « services essentiels » ‘‘essential service’’ means a service, facility or activity of the Government of Canada that is or will be, at any time, necessary for 2002-2003 Modernisation de la the safety or security of the public or a segment of the public. ‘‘essential services agreement’’ « entente sur les services essentiels » ‘‘essential services agreement’’ means an agreement between the employer and the bargaining agent for a bargaining unit that identifies (a) the types of positions in the bargaining unit that are necessary for the employer to provide essential services; (b) the number of those positions that are necessary for that purpose; and (c) the specific positions that are necessary for that purpose. ‘‘mediator’’ « médiateur » ‘‘mediator’’ means a person appointed as a mediator under subsection 108(1). ‘‘National Joint Council’’ « Conseil national mixte » ‘‘National Joint Council’’ means the National Joint Council whose establishment was authorized by Order in Council P.C. 3676, dated May 16, 1944. ‘‘parties’’ « parties » ‘‘parties’’, in relation to collective bargaining, arbitration, conciliation or a dispute, means the employer and the bargaining agent. ‘‘public interest commission’’ « commission de l’intérêt public » ‘‘public interest commission’’ means a commission established under Division 10. When position is necessary (2) A position that is necessary for the employer to provide essential services for the purposes of paragraph (a) of the definition ‘‘essential services agreement’’ in subsection (1) includes a position the occupant of which is required, at any time, (a) to perform the duties of the position that relate to the provision of essential services; or (b) to be available during his or her off-duty hours to report to work without delay to perform those duties if required to do so by the employer. � C. 22 Public Service M DIVISION 1 Employee freedoms EMPLOYEE FREEDOMS 5. Every employee is free to join the employee organization of his or her choice and to participate in its lawful activities. DIVISION 2 Right of Treasury Board preserved Right of employer preserved MANAGEMENT RIGHTS 6. Nothing in this Act is to be construed as affecting the right or authority of the Treasury Board under paragraph 7(1)(b) of the Financial Administration Act. 7. Nothing in this Act is to be construed as affecting the right or authority of the Treasury Board or a separate agency to determine the organization of those portions of the federal public administration for which it represents Her Majesty in right of Canada as employer or to assign duties to and to classify positions and persons employed in those portions of the federal public administration. DIVISION 3 Consultation committee CONSULTATION COMMITTEES AND CO-DEVELOPMENT 8. Each deputy head must, in consultation with the bargaining agents representing employees in the portion of the federal public administration for which he or she is deputy head, establish a consultation committee consisting of representatives of the deputy head and the bargaining agents for the purpose of exchanging information and obtaining views and advice on issues relating to the workplace that affect those employees, which issues may include, among other things, (a) harassment in the workplace; and (b) the disclosure of information concerning wrongdoing in the public service and the protection from reprisal of employees who disclose such information. Meaning of ‘‘co-development of workplace improvements’’ 9. For the purpose of this Division, ‘‘codevelopment of workplace improvements’’ means the consultation between the parties on workplace issues and their participation in the identification of workplace problems and the development and analysis of solutions to those 2002-2003 Modernisation de la problems with a view to adopting mutually agreed to solutions. Co-development of workplace improvements 10. The employer and a bargaining agent, or a deputy head and a bargaining agent, may engage in co-development of workplace improvements. National Joint Council 11. Co-development of workplace improvements by the employer and a bargaining agent may take place under the auspices of the National Joint Council or any other body they may agree on. DIVISION 4 PUBLIC SERVICE LABOUR RELATIONS BOARD Establishment and Composition Board established 12. A Board is established, to be called the Public Service Labour Relations Board, consisting of a Chairperson, up to three ViceChairpersons and any other members that the Governor in Council may appoint. Mandate Mandate 13. The Board’s mandate is to provide adjudication services, mediation services and compensation analysis and research services in accordance with this Act. Adjudication services 14. The adjudication services to be provided by the Board consist of the hearing of applications and complaints made under this Part, the referral of grievances to adjudication in accordance with Part 2 and the hearing of matters brought before the Board under Part 3. Mediation services 15. The mediation services to be provided by the Board consist of (a) assisting parties in the negotiation of collective agreements and their renewal; (b) assisting parties in the management of the relations resulting from the implementation of collective agreements; (c) mediating in relation to grievances; and (d) assisting the Chairperson in discharging his or her responsibilities under this Act. �� C. 22 Public Service M Compensation analysis and research services 16. (1) The compensation analysis and research services to be provided by the Board include conducting compensation surveys, compiling information relating to compensation, analyzing that information and making it, and the analysis, available to the parties and to the public, and conducting any research relating to compensation that the Chairperson may direct. Restriction on disclosure (2) In making information or analysis available under subsection (1), no member and no person employed by or acting under the direction of the Board shall disclose or knowingly cause to be disclosed, by any means, any information that makes it possible to relate the information or analysis to any identifiable individual person, business or organization. Exception (3) Subsection (2) does not apply if the person, business or organization concerned has consented in writing to the information being disclosed. National Joint Council 17. The Board’s mandate includes the provision of facilities and administrative support to the National Joint Council. Appointment of Members Qualifications 18. (1) To be eligible to hold office as a member, a person must (a) be a Canadian citizen within the meaning of the Citizenship Act or a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act; (b) not hold any other office or employment under the employer; (c) not be a member of or hold an office or employment under an employee organization certified as a bargaining agent; (d) not carry on any activity inconsistent with the person’s functions; and (e) have knowledge of or experience in labour relations. 2002-2003 Modernisation de la Exception (2) Despite paragraph (1)(b), a person is not ineligible to hold office as a member by reason only of holding office as a member of any board that may be constituted by the Commissioner in Council of the Yukon Territory or the Northwest Territories or the Legislature for Nunavut with powers and functions similar to those of the Board. Appointments of other members from list 19. (1) Every member, other than the Chairperson or a Vice-Chairperson, must be appointed from among eligible persons whose names are included on a list prepared by the Chairperson after consultation with the employer and the bargaining agents. Contents (2) The Chairperson must set out on the list (a) the names of all eligible persons recommended by the employer; (b) the names of all eligible persons recommended by the bargaining agents; and (c) the names of any other eligible persons whom the Chairperson considers suitable for appointment. Equal numbers (3) The appointment of members, other than the Chairperson and the Vice-Chairpersons, is to be made so as to ensure that, to the extent possible, an equal number are appointed from among persons recommended by the employer and from among persons recommended by the bargaining agents. Non-representative Board (4) Despite being recommended by the employer or the bargaining agents, a member does not represent either the employer or the employees and must act impartially in respect of all powers and functions under this Act. Full or part-time members 20. The Chairperson and the Vice-Chairpersons are each full-time members and the other members may be appointed as full-time or part-time members. Residence of full-time members 21. The full-time members must reside in the National Capital Region described in the schedule to the National Capital Act or within any distance of it that the Governor in Council may determine. �� C. 22 Public Service M Tenure 22. (1) Each member is to be appointed to hold office during good behaviour and may be removed by the Governor in Council for cause. Term of office (2) A member may be appointed for a term of office that is not more than five years. Reappointment (3) A member is eligible for reappointment on the expiry of any term of office. Completion of duties (4) A person who ceases to be a member for any reason other than removal may, at the request of the Chairperson, within eight weeks after ceasing to be a member, carry out and complete any functions or responsibilities that the person would otherwise have had in connection with any matter that came before the Board while the person was still a member and in respect of which there was any proceeding in which the person participated as a member. For that purpose, the person is deemed to be a part-time member. Remuneration Remuneration 23. Every member and former member referred to in subsection 22(4) (a) is to be paid the remuneration that may be determined by the Governor in Council; and (b) is entitled to be paid reasonable travel and other expenses incurred by them in the course of their duties under this Act while absent from, in the case of full-time members, their ordinary place of work and, in the case of part-time members, their ordinary place of residence. Application of Acts Application of Public Service Superannuation Act 24. A full-time member is deemed to be employed in the public service for the purposes of the Public Service Superannuation Act. Application of other Acts 25. Members are deemed to be employed in the federal public administration for the purposes of the Government Employees Compensation Act and regulations made under section 9 of the Aeronautics Act. 2002-2003 Modernisation de la Head Office and Meetings Head office 26. The head office of the Board is to be in the National Capital Region described in the schedule to the National Capital Act. Time and place of meetings 27. (1) Meetings of the Board may be held at any date, time and place that the Chairperson considers appropriate for the proper conduct of the Board’s business. Off-site participation (2) A meeting of the Board may be held by any means of telecommunication that permits all persons participating in the meeting to communicate adequately with each other during the meeting. A person participating by such means is deemed to be present at the meeting. Quorum 28. The Chairperson, one Vice-Chairperson and a majority of the other full-time members of the Board constitute a quorum at a meeting of the Board. Attendance of part-time members at meetings 29. A part-time member is not entitled to attend a meeting of the Board, but may attend at the invitation of the Chairperson. Decision of majority 30. A decision of a majority of the Board’s members who are present at a Board meeting is a decision of the Board. Panels Composition 31. Proceedings brought before the Board under this Part are to be heard and determined by a panel of not less than three members, at least one of whom is the Chairperson or a Vice-Chairperson, or, if the Chairperson considers it appropriate in the circumstances, by a panel consisting of a single member. Powers, rights and privileges 32. A panel has all the powers, rights and privileges of the Board with respect to any matter assigned to the panel under this Part. Chairperson of the panel 33. The chairperson of a panel that consists of three or more members is the Chairperson or, if the Chairperson is not a member of the panel, a Vice-Chairperson designated by the Chairperson. �� C. 22 Public Service M Death or incapacity of member 34. (1) In the event of the death or incapacity of a member of a panel consisting of three or more members, other than the death or incapacity of the chairperson, the chairperson may determine any matter that was before the panel and the chairperson’s decision is deemed to be the decision of the panel. Death or incapacity of chairperson (2) In the event of the death or incapacity of the chairperson of a panel, or of the member when the panel consists of a single member, the Chairperson must establish a new panel to hear and determine the matter on any terms and conditions that the Chairperson may specify for the protection and preservation of the rights and interests of the parties. Decision of panel 35. (1) A decision made by a majority of the members of a panel is the decision of the panel or, if no decision is supported by the majority of the members of the panel, the decision of the chairperson of the panel is the decision of the panel. Decision of Board (2) A decision of a panel is a decision of the Board. Powers and Functions of the Board Powers and functions of the Board 36. The Board administers this Act and it may exercise the powers and perform the functions that are conferred or imposed on it by this Act, or as are incidental to the attainment of the objects of this Act, including the making of orders requiring compliance with this Act, regulations made under it or decisions made in respect of a matter coming before the Board. Provision of assistance to parties 37. The Board, or any member or employee of the Board designated by the Board, may, if the parties agree, assist the parties in resolving any issue in dispute at any stage of a proceeding by any means that the Board considers appropriate, without prejudice to its power to determine issues that have not been settled. Delegation by Board 38. The Board may authorize the Chairperson to exercise any of its powers or perform any of its functions, other than the power to make regulations. 2002-2003 Authority to make regulations Modernisation de la 39. The Board may make regulations concerning (a) the certification of bargaining agents for bargaining units; (b) the determination of units appropriate for collective bargaining; (c) the time and manner of making applications under section 59, the provision of copies of those applications and the filing of objections in respect of any positions referred to in those applications; (d) the authority vested in a council of employee organizations that is to be considered the appropriate authority within the meaning of paragraph 64(1)(c); (e) the manner of making applications under sections 71 and 77, the time and manner of providing copies of those applications and the time and manner of the filing of objections in respect of any positions referred to in applications under section 71; (f) the rights, privileges and duties that are acquired or retained by an employee organization in respect of a bargaining unit or any employee included in a bargaining unit when there is a merger, an amalgamation or a transfer of jurisdiction between two or more employee organizations; (g) the revocation of certification of a bargaining agent, including the rights and privileges that have accrued to and are retained by any employee despite the revocation; (h) the manner of giving notices referred to in subsection 103(1), and the form of those notices, and the manner of making applications referred to in subsection 104(1), and the form of those applications; (i) the procedure for hearings; (j) the specification of the times within which notices, other than those referred to in subsections 130(1) and (2), and other documents are to be sent or given under this �� C. 22 Public Service M Part, the persons to whom they are to be sent or given and when they are deemed to have been sent, given or received; (k) the determination of the form in which, and the time as of which, the following evidence is to be presented to the Board on an application for certification or revocation of certification of a bargaining agent: (i) evidence as to membership of employees in an employee organization, (ii) evidence of objection by employees to certification of an employee organization, and (iii) evidence of signification by employees that they no longer wish to be represented by an employee organization; (l) the circumstances in which evidence referred to in paragraph (k) may be received by it as evidence that any employees wish or do not wish to have a particular employee organization represent them as their bargaining agent, and the circumstances in which it must not make public any evidence so received; and (m) any other matter that is incidental or conducive to the exercise of its powers, the performance of its functions or the attainment of the objects of this Part. Powers of Board 40. (1) The Board has, in relation to any matter before it, the power to (a) summon and enforce the attendance of witnesses and compel them to give oral or written evidence on oath in the same manner as a superior court of record; (b) order pre-hearing procedures, including pre-hearing conferences that are held in private, and direct the date, time and place of the hearings for those procedures; (c) order that a hearing or a pre-hearing conference be conducted using any means of telecommunication that permits all persons participating in the conference to communicate adequately with each other; (d) administer oaths and solemn affirmations; 2002-2003 Modernisation de la (e) accept any evidence, whether admissible in a court of law or not; (f) examine any evidence that is submitted to it respecting membership of employees in an employee organization seeking certification and, in the case of a council of employee organizations seeking certification, in any employee organization forming part of the council; (g) examine documents forming or relating to the constitution or articles of association of any employee organization seeking certification and, in the case of a council of employee organizations seeking certification, those of any employee organization forming part of the council; (h) compel, at any stage of a proceeding, any person to produce the documents and things that may be relevant; (i) require the employer to post and keep posted in appropriate places any notice that the Board considers necessary to bring matters or proceedings before the Board to the attention of employees; (j) subject to any limitations that the Governor in Council may establish in the interests of defence or security, enter any premises of the employer where work is being or has been done by employees, inspect and view any work, material, machinery, appliance or article in the premises and require any person in the premises to answer all questions relating to the matter before it; (k) subject to any limitations that the Governor in Council may establish in the interests of defence or security, enter any premises of the employer for the purpose of conducting representation votes during working hours; and (l) authorize any person to do anything that the Board may do under paragraphs (d) to (k) and require the person to report to it on what the person has done. �� C. 22 Public Service M Frivolous applications (2) The Board may dismiss summarily any application or complaint that in its opinion is frivolous or vexatious. Determination without oral hearing 41. The Board may decide any matter before it without holding an oral hearing. Scope of orders 42. In making an order or a decision, or doing any other thing in relation to any person under this Act, the Board may do so either generally or in any particular case or class of cases. Review of orders and decisions 43. (1) Subject to subsection (2), the Board may review, rescind or amend any of its orders or decisions, or may re-hear any application before making an order in respect of the application. Exception (2) A right that is acquired by virtue of an order or a decision that is reviewed, rescinded or amended by the Board may not be altered or extinguished with effect from a day that is earlier than the day on which the review, rescission or amendment is made. Chairperson Chief executive officer 44. The Chairperson is the chief executive officer of the Board and has supervision over and direction of the work of the Board, including (a) the assignment and reassignment of matters that the Board is seized of to panels; (b) the composition of panels and the assignment of Vice-Chairpersons to preside over panels; and (c) the determination of the date, time and place of hearings. Delegation by Chairperson 45. The Chairperson may authorize a ViceChairperson to exercise any of the Chairperson’s powers or perform any of the Chairperson’s functions, including powers or functions delegated to the Chairperson by the Board. Absence of Chairperson 46. (1) If the Chairperson is absent or unable to act, or the office of Chairperson is vacant, a Vice-Chairperson designated by the Minister is to act as Chairperson. 2002-2003 Absence of Chairperson and the Vice-Chairperson Modernisation de la (2) In the event of the absence or incapacity of both the Chairperson and the Vice-Chairperson designated by the Minister, or if both of those offices are vacant, the Minister may designate a member or any qualified person to act as Chairperson but no person so designated by the Minister has authority to act as Chairperson for more than 60 days without the approval of the Governor in Council. Human Resources Responsibility for human resources management 47. The Chairperson is authorized, in respect of persons employed by the Board, to exercise the powers and perform the functions of the Treasury Board under the Financial Administration Act that relate to human resources management within the meaning of paragraph 7(1)(e) and section 11.1 of that Act, and those of deputy heads under subsection 12(2) of that Act, including the determination of terms and conditions of employment of persons employed by the Board. Executive Director of Board 48. (1) An Executive Director of the Board is to be appointed under the Public Service Employment Act. Supervision of work (2) The Executive Director of the Board assists the Chairperson in the exercise of the Chairperson’s functions and, subject to the Chairperson’s direction, directs and supervises the day-to-day conduct of the work of the Board, the management of the Board’s internal affairs and the work of persons employed by the Board. Other persons 49. All other persons that the Board considers necessary for it to employ are to be appointed under the Public Service Employment Act. Experts and advisers 50. (1) The Chairperson may engage on a temporary basis the services of mediators and other experts or persons having technical or special knowledge to assist the Board in an advisory capacity and, subject to the approval of the Governor in Council, fix their remuneration. Non-application of Public Service Superannuation Act (2) A person engaged under subsection (1) is not to be considered as being employed in the public service for the purposes of the Public Service Superannuation Act by reason only of being so engaged. �� C. 22 Public Service M Judicial Review and Enforcement of Orders Orders not to be reviewed by court 51. (1) Subject to this Part, every order or decision of the Board is final and may not be questioned or reviewed in any court, except in accordance with the Federal Court Act on the grounds referred to in paragraph 18.1(4)(a), (b) or (e) of that Act. Standing of Board (2) The Board has standing to appear in proceedings referred to in subsection (1) for the purpose of making submissions regarding the standard of review to be used with respect to decisions of the Board and the Board’s jurisdiction, policies and procedures. No review by certiorari, etc. (3) Except as permitted by subsection (1), no order, decision or proceeding of the Board made or carried on under or purporting to be made or carried on under this Part may, on any ground, including the ground that the order, decision or proceeding is beyond the jurisdiction of the Board to make or carry on or that, in the course of any proceeding, the Board for any reason exceeded or lost its jurisdiction, (a) be questioned, reviewed, prohibited or restrained; or (b) be made the subject of any proceedings in or any process of any court, whether by way of injunction, certiorari, prohibition, quo warranto or otherwise. Filing of Board’s orders in Federal Court 52. (1) The Board must, on the request in writing of any person or organization affected by any order of the Board, file a certified copy of the order, exclusive of the reasons for the order, in the Federal Court, unless, in its opinion, (a) there is no indication of failure or likelihood of failure to comply with the order; or (b) there is other good reason why the filing of the order in the Federal Court would serve no useful purpose. 2002-2003 Effect of filing Modernisation de la (2) An order of the Board becomes an order of the Federal Court when a certified copy of the order is filed in that court, and it may subsequently be enforced as such. Advisory Board Minister to establish 53. (1) The Minister shall establish an advisory board to provide advice to the Chairperson on the compensation analysis and research services provided by the Board. Composition (2) The advisory board is to consist of a chairperson and no more than 11 other members appointed by the Minister. Qualifications (3) All of the members must have knowledge or experience that will assist the advisory board to accomplish its mandate, including knowledge of or experience in compensation issues or statistics. Representativeness (4) Appointments to the advisory board are to be made such that there is an equal number of members representative of the employer and of employees. DIVISION 5 BARGAINING RIGHTS Certification of Bargaining Agents Application for Certification Right to apply 54. Subject to section 55, an employee organization that seeks to be certified as bargaining agent for a group of employees that it considers constitutes a unit appropriate for collective bargaining may apply to the Board, in accordance with the regulations, for certification as bargaining agent for the proposed bargaining unit. The Board must notify the employer of the application without delay. Agreements for term of two years or less 55. (1) If a collective agreement, or an arbitral award, with a term of two years or less applies in respect of any employees in the proposed bargaining unit for which an employee organization is seeking to be certified as bargaining agent, the application for certification may be made only after the commencement of the last two months of its term. �� Agreements for term of more than two years C. 22 Public Service M (2) If a collective agreement, or an arbitral award, with a term of more than two years applies in respect of any employees in the proposed bargaining unit for which an employee organization is seeking to be certified as bargaining agent, the application for certification may be made only (a) after the commencement of the twentythird month of its term and before the commencement of the twenty-fifth month of its term; (b) during the two-month period immediately before the end of each year that the agreement or award continues to be in force after the second year of its term; or (c) after the commencement of the last two months of its term. Agreements for an indefinite term (3) If a collective agreement that applies in respect of any employees in the proposed bargaining unit for which an employee organization is seeking to be certified as bargaining agent provides that it will continue to operate after the term specified in it for a further term or successive terms if either party fails to give to the other a notice of termination or a notice of its desire to bargain with a view to the renewal of the collective agreement, with or without modifications, the application for certification may be made (a) at any time permitted by subsection (1) or (2), as the case may be; or (b) during the two-month period immediately before the end of each year that the collective agreement continues to operate after the term specified in the collective agreement. Continuation of terms and conditions 56. After being notified of an application for certification made in accordance with this Part, the employer may not, except under a collective agreement or with the consent of the Board, alter the terms and conditions of employment that are applicable to the employees in the proposed bargaining unit and that may be included in a collective agreement until 2002-2003 Modernisation de la (a) the application has been withdrawn by the employee organization or dismissed by the Board; or (b) 30 days have elapsed after the day on which the Board certifies the employee organization as the bargaining agent for the unit. Determination of Units Appropriate Bargaining Determination of unit 57. (1) When an application for certification is made under section 54, the Board must determine the group of employees that constitutes a unit appropriate for collective bargaining. Consideration of employer’s classification (2) In determining whether a group of employees constitutes a unit appropriate for collective bargaining, the Board must have regard to the employer’s classification of persons and positions, including the occupational groups or subgroups established by the employer. Unit co-extensive with occupational groups (3) The Board must establish bargaining units that are co-extensive with the occupational groups or subgroups established by the employer, unless doing so would not permit satisfactory representation of the employees to be included in a particular bargaining unit and, for that reason, such a unit would not be appropriate for collective bargaining. Composition of bargaining unit (4) For the purposes of this Part, a unit of employees may be determined by the Board to constitute a unit appropriate for collective bargaining whether or not its composition is identical with the group of employees in respect of which the application for certification was made. Determination of questions of membership in bargaining units 58. On application by the employer or the employee organization affected, the Board must determine every question that arises as to whether any employee or class of employees is included in a bargaining unit determined by the Board to constitute a unit appropriate for collective bargaining, or is included in any other unit. �� C. 22 Public Service M Managerial or Confidential Positions Application 59. (1) After being notified of an application for certification made in accordance with this Part, the employer may apply to the Board for an order declaring that any position of an employee in the proposed bargaining unit is a managerial or confidential position on the grounds that (a) the position is confidential to the Governor General, a Minister of the Crown, a judge of the Supreme Court of Canada, the Federal Court or the Tax Court of Canada, or a deputy head; (b) the position is classified by the employer as being in the executive group, by whatever name called; (c) the occupant of the position provides advice on labour relations, staffing or classification; (d) the occupant of the position has substantial duties and responsibilities in the formulation and determination of any policy or program of the Government of Canada; (e) the occupant of the position has substantial management duties, responsibilities and authority over employees or has duties and responsibilities dealing formally on behalf of the employer with grievances presented in accordance with the grievance process provided for under Part 2; (f) the occupant of the position is directly involved in the process of collective bargaining on behalf of the employer; (g) the occupant of the position has duties and responsibilities not otherwise described in this subsection and should not be included in a bargaining unit for reasons of conflict of interest or by reason of the person’s duties and responsibilities to the employer; or (h) the occupant of the position has, in relation to labour relations matters, duties and responsibilities confidential to the occupant of a position described in paragraph (b), (c), (d) or (f). 2002-2003 Modernisation de la Content of application (2) The application must set out every position that the employer considers to be a position referred to in any of paragraphs (1)(a) to (h). Copy to employee organization 60. The employer must provide the employee organization seeking to be certified with a copy of the application. Objection 61. If the employee organization considers that a particular position in the employer’s application is not a position referred to in any of paragraphs 59(1)(a) to (h), it may file an objection in respect of that position with the Board. Decision on objection 62. (1) If an objection is filed in respect of a particular position included in the application, the Board must, after giving the employer and the employee organization an opportunity to make representations, determine whether the position is a position referred to in any of paragraphs 59(1)(a) to (h) and, if it determines that it is, make an order declaring the position to be a managerial or confidential position. Burden of proof on employee organization (2) The burden of proving that a particular position is not a position referred to in any of paragraphs 59(1)(a) to (c) is on the employee organization. Burden of proof on employer (3) The burden of proving that a particular position is a position referred to in any of paragraphs 59(1)(d) to (h) is on the employer. When no objection filed 63. If no objection is filed in respect of a particular position included in the application, the Board must make an order declaring the position to be a managerial or confidential position. Certification Conditions for certification 64. (1) After having determined the unit appropriate for collective bargaining, the Board must certify the applicant employee organization as the bargaining agent for the bargaining unit if it is satisfied (a) that a majority of employees in that bargaining unit wish the applicant employee organization to represent them as their bargaining agent; �� C. 22 Public Service M (b) that the persons representing the employee organization in the making of the application have been duly authorized to make the application; and (c) if the applicant is a council of employee organizations, that each of the employee organizations forming the council has vested appropriate authority in the council to enable it to discharge the duties and responsibilities of a bargaining agent. Where previous application denied within six months (2) If an application for certification of an employee organization as the bargaining agent for a proposed bargaining unit has been denied by the Board, the Board may not consider a new application for certification from that employee organization in respect of the same or substantially the same proposed bargaining unit until at least six months have elapsed from the day on which the employee organization was last denied certification, unless the Board is satisfied that the previous application was denied by reason only of a technical error or omission made in connection with the application. Membership in council of employee organizations (3) For the purpose of paragraph (1)(a), membership in any employee organization that forms part of a council of employee organizations is deemed to be membership in the council. Representation vote 65. (1) The Board may order that a representation vote be taken among the employees in the bargaining unit for the purpose of satisfying itself that a majority of them wish the applicant employee organization to represent them as their bargaining agent. Arrangements for vote (2) When the Board orders that a representation vote be taken, it must (a) determine the employees who are eligible to vote; and (b) make any arrangements and give any directions that it considers necessary for the proper conduct of the vote, including the preparation of ballots, the method of casting and counting ballots and the custody and sealing of ballot boxes. 2002-2003 Modernisation de la Where Certification Prohibited Employer participation 66. (1) The Board may not certify an employee organization as a bargaining agent if it is of the opinion that the employer, or a person acting on behalf of the employer, has participated or is participating in the formation or administration of the employee organization in a manner that impairs its fitness to represent the interests of the employees in the bargaining unit for which it is proposed to be certified. Discrimination (2) The Board may not certify an employee organization as a bargaining agent if it discriminates against any employee on a prohibited ground of discrimination within the meaning of the Canadian Human Rights Act. Effect of Certification Effect of certification 67. Certification of an employee organization as the bargaining agent for a bargaining unit has the following effects: (a) the employee organization has exclusive authority to bargain collectively on behalf of the employees in the bargaining unit; (b) the certification of any employee organization that was previously certified as the bargaining agent for any employees in the bargaining unit is deemed to be revoked to the extent that the certification relates to those employees; (c) the employee organization is substituted as a party to any collective agreement or arbitral award that affects any employees in the bargaining unit, to the extent that the agreement or award relates to those employees, in the place of the bargaining agent named in the collective agreement or its successor; (d) the employee organization is deemed to be the bargaining agent for the purposes of section 107; and (e) the employee organization is substituted as a party to any essential services agreement that is in force, in the place of the bargaining agent named in the agreement or its successor. �� C. 22 Public Service M Termination of existing collective agreement or arbitral award 68. An employee organization that is certified as the bargaining agent for a bargaining unit may, despite anything contained in any collective agreement or arbitral award that is binding on any employees in the bargaining unit on the day of certification, terminate the agreement or award, in so far as it applies to the employees in the bargaining unit, on two months’ notice to the employer given within one month from the day of certification. Rights of previous or new bargaining agent 69. Any question as to any right or duty of the previous bargaining agent or the new bargaining agent arising by reason of the application of paragraph 67(b) or (c) or section 68 must, on application by the employer or the previous or new bargaining agent, be determined by the Board. Changes to Certification Review of Bargaining Units Review of structure of bargaining units 70. (1) If the Board reviews the structure of one or more bargaining units, it must, in determining whether a group of employees constitutes a unit appropriate for collective bargaining, have regard to the employer’s classification of persons and positions, including the occupational groups or subgroups established by the employer. Unit co-extensive with occupational groups (2) The Board must establish bargaining units that are co-extensive with the occupational groups or subgroups established by the employer, unless doing so would not permit satisfactory representation of the employees to be included in a particular bargaining unit and, for that reason, such a unit would not be appropriate for collective bargaining. Managerial or Confidential Positions Application 71. (1) The employer may apply to the Board for an order declaring that any position of an employee in a bargaining unit for which a bargaining agent has been certified by the Board is a managerial or confidential position on the grounds that the position is a position referred to in any of paragraphs 59(1)(a) to (h). 2002-2003 Modernisation de la Content of application (2) The application must set out every position the employer considers to be a position referred to in any of paragraphs 59(1)(a) to (h). Copy to bargaining agent 72. The employer must provide the bargaining agent with a copy of the application. Objection 73. If the bargaining agent considers that a particular position in the employer’s application is not a position referred to in any of paragraphs 59(1)(a) to (h), it may file an objection in respect of that position with the Board. Decision on objection 74. (1) If an objection is filed in respect of a particular position included in the application, the Board must, after giving the employer and the bargaining agent an opportunity to make representations, determine whether the position is a position referred to in any paragraphs 59(1)(a) to (h) and, if it determines that it is, make an order declaring the position to be a managerial or confidential position. Burden of proof on bargaining agent (2) The burden of proving that a particular position is not a position referred to in any of paragraphs 59(1)(a) to (c) is on the bargaining agent. Burden of proof on employer (3) The burden of proving that a particular position is a position referred to in any of paragraphs 59(1)(d) to (h) is on the employer. When no objection filed 75. If no objection is filed in respect of a particular position included in the application, the Board must make an order declaring the position to be a managerial or confidential position. Membership dues 76. (1) If an objection is filed under section 73, the employer must hold the amount that would otherwise be the membership dues in respect of the occupant of the position to which the objection relates until the Board makes an order declaring the position to be a managerial or confidential position, until it dismisses the application in respect of the position or until the objection is withdrawn, as the case may be. �� C. 22 Public Service M Remission of dues to occupant of position (2) If the Board makes an order declaring the position to be a managerial or confidential position or the objection is withdrawn, the amount held by the employer under subsection (1) must be remitted to the person to whom it relates. Remission of dues to bargaining agent (3) If the Board makes an order dismissing the application in respect of the position, the amount held by the employer under subsection (1) must be remitted to the bargaining agent. Application for revocation of order 77. (1) If the bargaining agent considers that a position is no longer a managerial or confidential position, the bargaining agent may apply to the Board for an order revoking the order that declared that position to be a managerial or confidential position. Copy to employer (2) The bargaining agent must provide the employer with a copy of the application. Decision 78. (1) If an application is made under section 77, the Board must, after giving the employer and the bargaining agent an opportunity to make representations, determine whether the position is still a managerial or confidential position and, if it determines that it is not, make an order revoking the order that declared the position to be a managerial or confidential position. Burden of proof on bargaining agent (2) The burden of proving that a particular position is no longer a managerial or confidential position is on the bargaining agent. Successor Rights and Obligations Mergers, amalgamations and transfers of jurisdiction 79. (1) If, by reason of a merger or an amalgamation of employee organizations or a transfer of jurisdiction among employee organizations, other than as a result of a revocation of certification, an employee organization succeeds another one that, at the time of the merger, amalgamation or transfer of jurisdiction, is a bargaining agent, the successor is deemed to have acquired the rights, privileges and duties of its predecessor, whether under a collective agreement, an arbitral award, an essential services agreement or otherwise. 2002-2003 Modernisation de la Board to determine questions (2) If any question arises in respect of a merger, amalgamation or transfer of jurisdiction referred to in subsection (1) concerning the rights, privileges and duties of an employee organization under this Part or under a collective agreement, an arbitral award or an essential services agreement in respect of a bargaining unit or an employee in a bargaining unit, the Board, on application by the employer or any person or employee organization concerned, must determine what rights, privileges and duties have been acquired or are retained. Inquiry and votes (3) Before making a determination on the application, the Board may make any inquiry or direct that a representation vote be taken among the employees to be affected by the determination. The provisions of subsection 65(2) apply in relation to the taking of the vote. Definitions 80. The following definitions apply in this section and sections 81 to 93. ‘‘conversion’’ « conversion » ‘‘conversion’’ means the establishment as a separate agency, or the integration into a separate agency, of any portion, or part of a portion, of the core public administration. ‘‘new separate agency’’ « nouvel organisme distinct » ‘‘new separate agency’’ means a separate agency established as a result of a conversion or into which is integrated any portion, or part of a portion, of the core public administration as the result of a conversion. Continuation of collective agreement or arbitral award 81. Subject to sections 83 to 93, a collective agreement or arbitral award that applies to employees in any portion, or part of a portion, of the core public administration before its conversion continues in force after the conversion, and binds the new separate agency, until its term expires. Parties may amend 82. Nothing in section 81 prohibits the new separate agency and the bargaining agent from amending any provision of a collective agreement, other than a provision relating to its term. Application for certification 83. An employee organization may apply to the Board for certification as the bargaining agent for the employees bound by a collective agreement or arbitral award that is continued �� C. 22 Public Service M in force by section 81, but it may do so only during the period in which an application for certification is authorized to be made under section 55 in respect of those employees. Power of Board 84. (1) Whenever a collective agreement or arbitral award is continued in force by section 81, the Board must, by order, on application by the new separate agency or any bargaining agent affected by the conversion, (a) determine whether the employees of the new separate agency who are bound by any collective agreement or arbitral award constitute one or more units appropriate for collective bargaining; (b) determine which employee organization is to be the bargaining agent for the employees in each such unit; and (c) in respect of each collective agreement or arbitral award that binds employees of the new separate agency, determine whether the collective agreement or arbitral award is to remain in force and, if it is to remain in force, determine whether it is to remain in force until the expiration of its term or until any earlier date that the Board may fix. When application may be made (2) The application may be made only during the period beginning 120 days and ending 150 days after the conversion date. Application for leave to give notice to bargain collectively 85. (1) Either party to a collective agreement or arbitral award that remains in force by reason of an order made under paragraph 84(1)(c) may apply to the Board for an order granting leave to give to the other party, under section 105, a notice to bargain collectively. When application may be made (2) The application must be made within 90 days after the day on which the order is made. Application for leave to give notice to bargain collectively 86. (1) If no application for an order under subsection 84(1) is made within the period specified in subsection 84(2), the new separate agency or any bargaining agent bound by a collective agreement or arbitral award that is 2002-2003 Modernisation de la continued in force by section 81 may apply to the Board for an order granting leave to give to the other party, under section 105, a notice to bargain collectively. When application may be made (2) The application may be made only during the period beginning 151 days and ending 240 days after the date of the conversion. Notice to bargain given before conversion 87. A notice to bargain collectively that was given before a conversion does not bind the new separate agency and a new notice to bargain collectively may be given only in the circumstances described in paragraph 89(b). Duty to observe terms and conditions 88. If a notice to bargain collectively was given before a conversion, then, unless the new separate agency and the bargaining agent agree otherwise, the terms and conditions of employment continued in force by section 107 are binding on the new separate agency, the bargaining agent for the bargaining unit and the employees in the bargaining unit from the date of the conversion until (a) the expiry of 150 days following the date of the conversion, if no application is made under paragraph 89(a); or (b) if such an application is made, the day the notice referred to in paragraph 89(b) is given. Application and notice to bargain 89. If a notice to bargain collectively was given before a conversion, (a) on application by the new separate agency or bargaining agent, made during the period beginning 120 days, and ending 150 days, after the date of the conversion, the Board must make an order determining (i) whether the employees of the new separate agency who are represented by the bargaining agent constitute one or more units appropriate for collective bargaining, and (ii) which employee organization is to be the bargaining agent for the employees in each such unit; and �� C. 22 Public Service M (b) if the Board makes the determinations under paragraph (a), the new separate agency or the bargaining agent may, by notice given under section 105, require the other to commence collective bargaining for the purpose of entering into a collective agreement. Inquiry and votes 90. Before making an order under subsection 84(1) or paragraph 89(a), the Board may make any inquiry or direct that a representation vote be taken among the employees to be affected by the order. The provisions of subsection 65(2) apply in relation to the taking of a vote. Consideration of employer’s classification 91. (1) For the purposes of paragraphs 84(1)(a) and 89(a), in determining whether a group of employees constitutes a unit appropriate for collective bargaining, the Board must have regard to the employer’s classification of persons and positions, including the occupational groups or subgroups established by the employer. Unit co-extensive with occupational groups (2) The Board must establish bargaining units that are co-extensive with the occupational groups or subgroups established by the employer, unless doing so would not permit satisfactory representation of the employees to be included in a particular bargaining unit and, for that reason, such a unit would not be appropriate for collective bargaining. Determination of questions of membership in bargaining units 92. On application by the new separate agency or the employee organization affected, the Board must determine every question that arises as to whether any employee or class of employees is included in a bargaining unit determined by the Board under paragraph 84(1)(a) or 89(a) to constitute a unit appropriate for collective bargaining, or is included in any other unit. Employer participation 93. (1) The Board may not declare an employee organization to be a bargaining agent under paragraph 84(1)(b) or 89(a) if it is of the opinion that the new separate agency, or a person acting on behalf of the new separate agency, has participated or is participating in the formation or administration of the em2002-2003 Modernisation de la ployee organization in a manner that impairs its fitness to represent the interests of the employees in the bargaining unit. Discrimination (2) The Board may not declare an employee organization to be a bargaining agent under paragraph 84(1)(b) or 89(a) if it discriminates against any employee on a prohibited ground of discrimination within the meaning of the Canadian Human Rights Act. Revocation of Certification When employee organization no longer represents employees 94. (1) Any person claiming to represent a majority of the employees in a bargaining unit bound by a collective agreement or an arbitral award may apply to the Board for a declaration that the employee organization that is certified as the bargaining agent for the bargaining unit no longer represents a majority of the employees in the bargaining unit. When application may be made (2) The application may be made only during the period in which an application for certification of an employee organization may be made under section 55 in respect of employees in the bargaining unit. Taking of representation vote 95. After the application is made, the Board may order that a representation vote be taken in order to determine whether a majority of the employees in the bargaining unit no longer wish to be represented by the employee organization that is the bargaining agent for that bargaining unit. The provisions of subsection 65(2) apply in relation to the taking of the vote. Revocation of certification 96. If, after hearing the application, the Board is satisfied that a majority of the employees in the bargaining unit no longer wish to be represented by the employee organization, it must revoke the certification of the employee organization as the bargaining agent. Certification obtained by fraud 97. The Board must revoke the certification of an employee organization if the Board is satisfied that it was obtained by fraud. �� Employer participation or discrimination C. 22 Public Service M 98. The Board must revoke the certification of an employee organization as the bargaining agent for a bargaining unit if the Board, on application by the employer or any employee, determines that (a) the employer, or a person acting on behalf of the employer, has participated or is participating in the formation or administration of the employee organization in a manner that impairs its fitness to represent the interests of the employees in the bargaining unit; or (b) the employee organization discriminates against any employee on a prohibited ground of discrimination within the meaning of the Canadian Human Rights Act. Abandonment of certification 99. The Board must revoke the certification of an employee organization if the employee organization advises the Board that it wishes to give up or abandon its certification or if the Board, on application by the employer or any employee, determines that the employee organization has ceased to act as bargaining agent. Council of employee organizations 100. (1) The Board must revoke the certification of a council of employee organizations that has been certified as a bargaining agent if the Board is satisfied, on application by the employer or an employee organization that forms or has formed part of the council, that the council no longer meets the condition for certification set out in paragraph 64(1)(c) for a council of employee organizations. Subsection (1) in addition to other circumstances (2) The circumstances set out in subsection (1) apply in addition to the circumstances in which a certification may be revoked under sections 94 to 99. Effect of revocation 101. (1) Revocation of the certification of an employee organization certified as the bargaining agent for a bargaining unit has the following effects: (a) subject to paragraph 67(c), any collective agreement or arbitral award that is binding on the employees in the bargaining unit ceases to be in force; 2002-2003 Modernisation de la (b) subject to subsection (2), any rights or privileges flowing from the certification are terminated; and (c) subject to paragraph 67(e), any essential services agreement that is in force in respect of positions in the bargaining unit ceases to be in force. Determination of rights of bargaining agent (2) If the certification of an employee organization is revoked by the Board under section 96 or any of sections 98 to 100, the Board must, on application by the employee organization or any employee organization that is substituted in the place of a bargaining agent under paragraph 67(c), determine any question as to any right or duty of the employee organization or of the substituted employee organization. Direction 102. If a collective agreement or arbitral award ceases to be in force as a result of the revocation of an employee organization’s certification as the bargaining agent for a bargaining unit, the Board must, on application by or on behalf of any employee in the bargaining unit, by order, direct the manner in which any right of the employee is to be recognized and given effect. DIVISION 6 CHOICE OF PROCESS FOR DISPUTE RESOLUTION Choice of process 103. (1) A bargaining agent for a bargaining unit must notify the Board, in accordance with the regulations, of the process it has chosen — either arbitration or conciliation — to be the process for the resolution of disputes to which it may be a party. Recording of process (2) The Board must record the process chosen by the bargaining agent for the resolution of disputes. Period during which process to apply (3) The process recorded by the Board applies to the bargaining unit for the resolution of all disputes from the day on which a notice to bargain collectively in respect of the bargaining unit is given after the process is chosen, and it applies until the process is changed in accordance with section 104. �� C. 22 Public Service M Change of process 104. (1) A bargaining agent for a bargaining unit that wishes to change the process for the resolution of a dispute that is applicable to the bargaining unit may apply to the Board, in accordance with the regulations, to record the change. Recording of change (2) On receiving the application, the Board must record the change of process. Effective date and duration (3) A change in the process for the resolution of a dispute becomes effective on the day that a notice to bargain collectively is given after the change is recorded and remains in force until the process is changed in accordance with this section. DIVISION 7 COLLECTIVE BARGAINING AND COLLECTIVE AGREEMENTS Negotiation of Collective Agreements Notice to Bargain Collectively Notice to bargain collectively 105. (1) After the Board has certified an employee organization as the bargaining agent for a bargaining unit and the process for the resolution of a dispute applicable to that bargaining unit has been recorded by the Board, the bargaining agent or the employer may, by notice in writing, require the other to commence bargaining collectively with a view to entering into, renewing or revising a collective agreement. When notice may be given (2) The notice to bargain collectively may be given (a) at any time, if no collective agreement or arbitral award is in force and no request for arbitration has been made by either of the parties in accordance with this Part; or (b) if a collective agreement or arbitral award is in force, within the four months before it ceases to be in force. Copy of notice to Board (3) A party that has given a notice to bargain collectively to another party must send a copy of the notice to the Board. 2002-2003 Modernisation de la Effect of Notice Duty to bargain in good faith 106. After the notice to bargain collectively is given, the bargaining agent and the employer must, without delay, and in any case within 20 days after the notice is given unless the parties otherwise agree, (a) meet and commence, or cause authorized representatives on their behalf to meet and commence, to bargain collectively in good faith; and (b) make every reasonable effort to enter into a collective agreement. Duty to observe terms and conditions 107. Unless the parties otherwise agree, and subject to section 132, after the notice to bargain collectively is given, each term and condition of employment applicable to the employees in the bargaining unit to which the notice relates that may be included in a collective agreement, and that is in force on the day the notice is given, is continued in force and must be observed by the employer, the bargaining agent for the bargaining unit and the employees in the bargaining unit until a collective agreement is entered into in respect of that term or condition or (a) if the process for the resolution of a dispute is arbitration, an arbitral award is rendered; or (b) if the process for the resolution of a dispute is conciliation, a strike could be declared or authorized without contravening subsection 194(1). Mediation Appointment of mediator 108. (1) The Chairperson may at any time, if requested to do so or on his or her own initiative, appoint a mediator to confer with the parties to a dispute and to endeavour to assist them in settling the dispute by any means that the mediator considers appropriate, including mediation, facilitation and fact-finding, subject to any direction that the Chairperson may give. Recommendations (2) At the request of the parties or the Chairperson, the mediator may make recommendations for settlement of the dispute. �� C. 22 Public Service M Collective Bargaining for Two or More Units Negotiation of single collective agreement 109. (1) Despite any other provision of this Part, the employer and one or more bargaining agents may jointly elect to engage in collective bargaining with a view to entering into a single collective agreement binding on two or more bargaining units. Election not changeable (2) If made, the election may not be changed until the single collective agreement is entered into. Two-tier Bargaining Two-tier bargaining 110. (1) Subject to the other provisions of this Part, the employer, the bargaining agent for a bargaining unit and the deputy head for a particular department named in Schedule I to the Financial Administration Act or for another portion of the federal public administration named in Schedule IV to that Act may jointly elect to engage in collective bargaining respecting any terms and conditions of employment in respect of any employees in the bargaining unit who are employed in that department or other portion of the federal public administration. More than one department or portion (2) Collective bargaining under subsection (1) may relate to more than one department or other portion of the federal public administration if each of the deputy heads concerned elects to engage in the collective bargaining. Duty to bargain in good faith (3) The parties who elect to bargain collectively under subsection (1) must, without delay after the election, (a) meet and commence, or cause authorized representatives on their behalf to meet and commence, to bargain collectively in good faith; and (b) make every reasonable effort to reach agreement on the terms and conditions of employment in question. 2002-2003 Modernisation de la Collective Agreements Authority to Enter into Agreement Authority of Treasury Board Authority of separate agency 111. The Treasury Board may, in the manner that may be provided for by any rules or procedures determined by it under section 5 of the Financial Administration Act, enter into a collective agreement with the bargaining agent for a bargaining unit, other than a bargaining unit composed of employees of a separate agency. 112. A separate agency may, with the approval of the Governor in Council, enter into a collective agreement with the bargaining agent for a bargaining unit composed of employees of the separate agency. Restriction on Content of Collective Agreement Collective agreement not to require legislative implementation 113. A collective agreement may not, directly or indirectly, alter or eliminate any existing term or condition of employment or establish any new term or condition of employment if (a) doing so would require the enactment or amendment of any legislation by Parliament, except for the purpose of appropriating money required for the implementation of the term or condition; or (b) the term or condition is one that has been or may be established under the Public Service Employment Act, the Public Service Superannuation Act or the Government Employees Compensation Act. Duration and Effect Agreement is binding When agreement has effect 114. Subject to, and for the purposes of, this Part, a collective agreement is binding on the employer, the bargaining agent and every employee in the bargaining unit on and after the day on which it has effect. To the extent that the collective agreement deals with matters referred to in section 12 of the Financial Administration Act, the collective agreement is also binding, on and after that day, on every deputy head responsible for any portion of the federal public administration that employs employees in the bargaining unit. 115. A collective agreement has effect in respect of a bargaining unit as of �� C. 22 Public Service M (a) the effective date specified in it; or (b) if no effective date is specified, the first day of the month after the month in which the agreement is signed. Minimum duration 116. A collective agreement is deemed to have effect for one year, unless a longer period is specified in the collective agreement. Duty to implement provisions of the collective agreement 117. Subject to the appropriation by or under the authority of Parliament of money that may be required by the employer, the parties must implement the provisions of a collective agreement (a) within the period specified in the collective agreement for that purpose; or (b) if no such period is specified in the collective agreement, within 90 days after the date it is signed or any longer period that the parties may agree to or that the Board, on application by either party, may set. Amendments Parties may amend 118. Nothing in this Part prohibits parties from amending any provision of a collective agreement, other than a provision relating to its term. DIVISION 8 ESSENTIAL SERVICES Application of Division 119. This Division applies to the employer and the bargaining agent for a bargaining unit when the process for the resolution of a dispute applicable to the bargaining unit is conciliation. Employer determines levels of service 120. The employer has the exclusive right to determine the level at which an essential service is to be provided to the public, or a segment of the public, at any time, including the extent to which and the frequency with which the service is to be provided. Nothing in this Division is to be construed as limiting that right. 2002-2003 Modernisation de la Proportion of duties may vary during strike 121. (1) For the purpose of identifying the number of positions that are necessary for the employer to provide an essential service, the employer and the bargaining agent may agree that some employees in the bargaining unit will be required by the employer to perform their duties that relate to the provision of the essential service in a greater proportion during a strike than they do normally. Determination of number of necessary employees (2) For the purposes of subsection (1), the number of employees in the bargaining unit that are necessary to provide the essential service is to be determined (a) without regard to the availability of other persons to provide the essential service during a strike; and (b) on the basis that the employer is not required to change, in order to provide the essential service during a strike, the manner in which the employer operates normally, including the normal hours of work, the extent of the employer’s use of overtime and the equipment used in the employer’s operations. Obligation to negotiate 122. (1) If the employer has given to the bargaining agent a notice in writing that the employer considers that employees in the bargaining unit occupy positions that are necessary for the employer to provide essential services, the employer and the bargaining agent must make every reasonable effort to enter into an essential services agreement as soon as possible. Timing (2) The notice may be given at any time but not later than 20 days after the day a notice to bargain collectively is given. Application to the Board 123. (1) If the employer and the bargaining agent are unable to enter into an essential services agreement, either of them may apply to the Board to determine any unresolved matter that may be included in an essential services agreement. The application may be made at any time but not later than (a) 15 days after the day a request for conciliation is made by either party; or �� C. 22 Public Service M (b) 15 days after the day the parties are notified by the Chairperson under subsection 163(2) of his or her intention to recommend the establishment of a public interest commission. Delay (2) The Board may delay dealing with the application until it is satisfied that the employer and the bargaining agent have made every reasonable effort to enter into an essential services agreement. Powers of Board (3) After considering the application, the Board may determine any matter that the employer and the bargaining agent have not agreed on that may be included in an essential services agreement and make an order (a) deeming the matter determined by it to be part of an essential services agreement between the employer and the bargaining agent; and (b) deeming that the employer and the bargaining agent have entered into an essential services agreement. Restriction (4) The order may not require the employer to change the level at which an essential service is to be provided to the public, or a segment of the public, at any time, including the extent to which and the frequency with which the service is to be provided. Proportion of duties may vary during strike (5) The Board may, for the purpose of identifying the number of positions that are necessary for the employer to provide an essential service, take into account that some employees in the bargaining unit may be required by the employer to perform those of their duties that relate to the provision of the essential service in a greater proportion during a strike than they do normally. Determination of number of necessary employees (6) For the purposes of subsection (5), the number of employees in the bargaining unit that are necessary to provide the essential service is to be determined (a) without regard to the availability of other persons to provide the essential service during a strike; and (b) on the basis that the employer is not required to change, in order to provide the essential service during a strike, the manner 2002-2003 Modernisation de la in which the employer operates normally, including the normal hours of work, the extent of the employer’s use of overtime and the equipment used in the employer’s operations. Application relating to specific position (7) If the application relates to a specific position to be identified in the essential services agreement, the employer’s proposal in respect of the position is to prevail, unless the position is determined by the Board not to be of the type necessary for the employer to provide essential services. Coming into force of agreement 124. The essential services agreement comes into force on the day it is signed by the parties or, in the case of an essential services agreement that the employer and the bargaining agent are deemed to have entered into by an order made under paragraph 123(3)(b), the day the order was made. Duration 125. An essential services agreement continues in force until the parties jointly determine that there are no employees in the bargaining unit who occupy positions that are necessary for the employer to provide essential services. Notice to negotiate amendment 126. (1) If a party to an essential services agreement gives a notice in writing to the other party that the party giving the notice seeks to amend the essential services agreement, the parties must make every reasonable effort to amend it as soon as possible. Timing (2) If a collective agreement or arbitral award is in force, the notice may be given at any time except that, if a notice to bargain collectively has been given with a view to renewing or revising the collective agreement, the notice may only be given during the 60 days following the day the notice to bargain collectively was given. Application to Board 127. (1) If the employer and the bargaining agent are unable to amend the essential services agreement, either of them may apply to the Board to amend the essential services agreement. The application may be made at any time but not later than (a) 15 days after the day a request for conciliation is made by either party; or �� C. 22 Public Service M (b) 15 days after the day the parties are notified by the Chairperson under subsection 163(2) of his or her intention to recommend the establishment of a public interest commission. Delay (2) The Board may delay dealing with the application until it is satisfied that the employer and the bargaining agent have made every reasonable effort to amend the essential services agreement. Amendment by Board (3) The Board may, by order, amend the essential services agreement if it considers that the amendment is necessary for the employer to provide essential services. Restriction (4) The order may not require the employer to change the level at which an essential service is to be provided to the public, or a segment of the public, at any time, including the extent to which and the frequency with which the service is to be provided. Proportion of duties may vary during strike (5) The Board may, for the purpose of identifying the number of positions that are necessary for the employer to provide an essential service, take into account that some employees in the bargaining unit may be required by the employer to perform their duties that relate to the provision of the essential service in a greater proportion during a strike than they do normally. Determination of number of necessary employees (6) For the purposes of subsection (5), the number of employees in the bargaining unit that are necessary to provide the essential service is to be determined (a) without regard to the availability of other persons to provide the essential service during a strike; and (b) on the basis that the employer is not required to change, in order to provide the essential service during a strike, the manner in which the employer operates normally, including the normal hours of work, the extent of the employer’s use of overtime and the equipment used in the employer’s operations. 2002-2003 Modernisation de la Application relating to specific position (7) If the application relates to a specific position to be identified in the essential services agreement, the employer’s proposal in respect of the position is to prevail, unless the position is determined by the Board not to be of the type necessary for the employer to provide essential services. Coming into force of amendment 128. An amendment to an essential services agreement comes into force on the day the agreement containing the amendment is signed by the parties or, in the case of an amendment made by order of the Board under subsection 127(3), the day the order was made. Replacement positions 129. (1) If, at any time while an essential services agreement is in force, a position identified in it becomes vacant, the employer may identify a position of the same type as a replacement position. If the employer does so, the employer must file a notice of replacement with the Board and provide a copy to the bargaining agent. Effect of notice (2) On the filing of the notice, the replacement position is deemed to be a position identified in the essential services agreement and the position it replaced is deemed to be no longer identified. Notification of employees 130. (1) The employer must provide every employee who occupies a position that has been identified in an essential services agreement as being a position that is necessary for the employer to provide essential services with a notice informing the employee that the employee occupies such a position. Notification of change (2) A notice given under this section remains valid so long as the employee continues to occupy the position unless the employer notifies the employee that the position occupied by the employee is no longer necessary for the employer to provide essential services. Emergency application 131. Despite any provision in this Division, if either the employer or the bargaining agent is of the opinion that a temporary amendment to an essential services agreement, or its suspension, is necessary because of an emergency but the parties are unable to agree to do so, either of them may, at any time, apply to �� C. 22 Public Service M the Board for an order temporarily amending, or suspending, the agreement. Duty to observe terms and conditions 132. Unless the parties otherwise agree, every term and condition of employment applicable to employees in a bargaining unit in respect of which a notice to bargain collectively is given that may be included in a collective agreement and that is in force on the day the notice is given remains in force in respect of any employee who occupies a position that is identified in an essential services agreement and must be observed by the employer, the bargaining agent for the bargaining unit and the employee until a collective agreement is entered into. Extension of time 133. The Board may, on the application of either party, extend any period referred to in this Division. Filing of essential services agreement 134. Either party to an essential services agreement may file a copy of it with the Board. When filed, it has the same effect as an order of the Board. DIVISION 9 ARBITRATION Application of Division Application 135. This Division applies to the employer and the bargaining agent for a bargaining unit whenever (a) the process for the resolution of a dispute applicable to the bargaining unit is arbitration; and (b) the parties have bargained in good faith with a view to entering into a collective agreement but are unable to reach agreement on a term or condition of employment that may be included in an arbitral award. 2002-2003 Modernisation de la Request for Arbitration Request for arbitration When request may be made 136. (1) Either party may, by notice in writing to the Chairperson, request arbitration in respect of any term or condition of employment that may be included in an arbitral award. (2) The request may be made (a) at any time, if the parties have not entered into a collective agreement and no request for arbitration has been made by either party since the commencement of the bargaining; or (b) not later than seven days after a collective agreement is entered into by the parties, in any other case. Contents of notice (3) The party requesting arbitration must (a) specify in the notice every term or condition of employment in respect of which it requests arbitration and its proposals concerning the award to be made in respect of that term or condition; and (b) annex to the notice a copy of the most recent collective agreement entered into by the parties. Notice to other party (4) On receiving the notice, the Chairperson must send a copy to the other party. Request for arbitration of additional matters (5) The other party may, within seven days after receiving the copy, by notice in writing to the Chairperson, request arbitration in respect of any other term or condition of employment that may be included in an arbitral award and that remained in dispute when the first request for arbitration was made. Notice to include proposal (6) The party making the request under subsection (5) must specify in the notice its proposal concerning the award to be made in respect of every term or condition of employment in respect of which it requests arbitration. �� C. 22 Public Service M Establishment of Arbitration Board Establishment 137. (1) On receiving a request for arbitration, the Chairperson must establish an arbitration board for arbitration of the matters in dispute. Delay (2) The Chairperson may delay establishing an arbitration board until he or she is satisfied that the party making the request has bargained sufficiently and seriously with respect to the matters in dispute. Constitution 138. The arbitration board consists of either a single member or three members, appointed in accordance with section 139 or 140, as the case may be. Board with single member 139. If the parties jointly recommend the appointment of a person to be an arbitration board consisting of a single member, the Chairperson must appoint the person to be the arbitration board. Board with three members 140. (1) If either party requests that an arbitration board consisting of three members be established, the Chairperson must, by notice, require each of the parties, within seven days after receipt of the notice, to nominate a person to be a member of the arbitration board, and on receipt of the nominations, the Chairperson must appoint the nominated persons as members of the arbitration board. Failure to nominate (2) If a party fails to nominate a person within the time provided for in subsection (1) or nominates a person who is not eligible for appointment, the Chairperson must appoint as a member of the arbitration board a person whom he or she considers suitable, and that person is deemed to have been appointed on the nomination of that party. Appointment of chairperson nominated by parties (3) Within five days after the day on which the second member is appointed, the two members must nominate a third person who is eligible for appointment and ready and willing to act, to be chairperson and third member of the arbitration board, and the Chairperson must appoint that person as the chairperson and third member of the arbitration board. 2002-2003 Modernisation de la Failure to nominate (4) If the two members fail to make a nomination under subsection (3) or they nominate a person who is not eligible for appointment, the Chairperson must, without delay, appoint as the chairperson and third member of the arbitration board a person whom he or she considers suitable. Eligibility 141. No person may act as a member of an arbitration board in respect of a matter referred to arbitration if the person has, at any time during the six months before the person’s date of appointment, acted in respect of any matter concerning employer-employee relations as counsel or agent of the employer or of any employee organization that has an interest in the matter referred to arbitration. Notification of establishment 142. (1) The Chairperson must, without delay, notify the parties of the establishment of the arbitration board and of the name or names of its member or members, as the case may be. Effect of notification (2) The notification constitutes conclusive proof that the arbitration board has been established in accordance with this Part and, after it is given, no order may be made or process entered into, and no proceedings may be taken in any court, to question the establishment of the board or to review, prohibit or restrain any of its proceedings. Death, incapacity or resignation of single member 143. (1) In the event of the death, incapacity or resignation of the member of an arbitration board that consists of a single member before the arbitration board makes an arbitral award, the Chairperson must appoint another person in accordance with section 139. That person must recommence the arbitration proceedings from the beginning. Vacancy — board with three members (2) If a vacancy occurs in the membership of an arbitration board that consists of three members before the arbitration board makes an arbitral award, the vacancy must be filled by the Chairperson by appointment in the manner provided in section 140 for the selection of the person in respect of whom the vacancy arose. �� C. 22 Public Service M Referral to Arbitration Referral to arbitration 144. (1) Subject to section 150, after establishing the arbitration board, the Chairperson must without delay refer the matters in dispute to the board. Subsequent agreement (2) If, before an arbitral award is made, the parties reach agreement on any matter in dispute that is referred to arbitration and enter into a collective agreement in respect of that matter, that matter is deemed not to have been referred to the arbitration board and no arbitral award may be made in respect of it. Duty and Powers Assistance to parties 145. As soon as possible after being established, the arbitration board must endeavour to assist the parties to the dispute in entering into or revising a collective agreement. Procedure 146. (1) Except as otherwise provided in this Part, the arbitration board may determine its own procedure, including the date, time and place of its proceedings, but both parties must be given a full opportunity to present evidence and make representations. Quorum and absence of members (2) The chairperson of the arbitration board and one other member constitute a quorum in the case of an arbitration board consisting of three members but, in the absence of a member at any proceedings of the board, the other members may not proceed unless the absent member has been given reasonable notice of the proceedings. Powers 147. (1) The arbitration board has all the powers of the Board set out in paragraphs 40(1)(a), (d), (e) and (h) to (j). Delegation (2) The arbitration board may authorize any person to exercise any of its powers set out in paragraphs 40(1)(d), (e), (i) and (j) and require that person to report to it on the exercise of those powers. Factors to be considered 148. In the conduct of its proceedings and in making an arbitral award, the arbitration board must take into account the following factors, in addition to any other factors that it considers relevant: (a) the necessity of attracting competent persons to, and retaining them in, the public 2002-2003 Modernisation de la service in order to meet the needs of Canadians; (b) the necessity of offering compensation and other terms and conditions of employment in the public service that are comparable to those of employees in similar occupations in the private and public sectors, including any geographic, industrial or other variations that the arbitration board considers relevant; (c) the need to maintain appropriate relationships with respect to compensation and other terms and conditions of employment as between different classification levels within an occupation and as between occupations in the public service; (d) the need to establish compensation and other terms and conditions of employment that are fair and reasonable in relation to the qualifications required, the work performed, the responsibility assumed and the nature of the services rendered; and (e) the state of the Canadian economy and the Government of Canada’s fiscal circumstances. Making of Arbitral Award Making of arbitral award 149. (1) The arbitration board must make an arbitral award as soon as possible in respect of all the matters in dispute that are referred to it. Award to be signed (2) The arbitral award must be signed by the chairperson of the arbitration board, or by the single member, as the case may be, and a copy must be sent to the Chairperson. Award not to require legislative implementation 150. (1) The arbitral award may not, directly or indirectly, alter or eliminate any existing term or condition of employment, or establish any new term or condition of employment, if (a) doing so would require the enactment or amendment of any legislation by Parliament, except for the purpose of appropriating money required for the implementation of the term or condition; (b) the term or condition is one that has been or may be established under the Public Service Employment Act, the Public Service �� C. 22 Public Service M Superannuation Act or the Government Employees Compensation Act; (c) the term or condition relates to standards, procedures or processes governing the appointment, appraisal, promotion, deployment, rejection on probation or lay-off of employees; (d) in the case of a separate agency, the term or condition relates to termination of employment, other than termination of employment for a breach of discipline or misconduct; or (e) doing so would affect the organization of the public service or the assignment of duties to, and the classification of, positions and persons employed in the public service. Matters not negotiated (2) The arbitral award may not deal with a term or condition of employment that was not the subject of negotiation between the parties during the period before arbitration was requested. Decision of majority 151. (1) If the arbitration board consists of three members, a decision of a majority of the members in respect of the matters in dispute is a decision of the board on those matters and is the arbitral award in respect of those matters. Decision where majority cannot agree (2) If a majority of members of the arbitration board cannot agree in respect of the matters in dispute, the decision of the chairperson of the board is the arbitral award in respect of those matters. Form of award 152. The form of the arbitral award must, wherever possible, permit the award to be (a) read and interpreted with, or annexed to and published with, a collective agreement dealing with other terms and conditions of employment of the employees in the bargaining unit in respect of which the arbitral award applies; and (b) incorporated into and implemented by any instrument that may be required to be made by the employer or the relevant bargaining agent in respect of the arbitral award. 2002-2003 Copy sent to parties Modernisation de la 153. On receipt of a copy of the arbitral award, the Chairperson must, without delay, send a copy to the parties and may cause the award to be published in any manner that the Chairperson considers appropriate. Duration and Operation of Arbitral Award Binding effect 154. Subject to and for the purposes of this Part, as of the day on which it is made, the arbitral award binds the employer and the bargaining agent that are parties to it and the employees in the bargaining unit in respect of which the bargaining agent has been certified. To the extent that it deals with matters referred to in section 12 of the Financial Administration Act, the arbitral award is also binding, on and after that day, on every deputy head responsible for any portion of the federal public administration that employs employees in the bargaining unit. When arbitral award has effect 155. (1) The arbitral award has effect as of the day on which it is made or, subject to subsection (2), any earlier or later day that the arbitration board may determine. Limitation on retroactive effect (2) The arbitral award or any of its parts may be given retroactive effect, but not earlier than the day notice to bargain collectively was given. Effect on previous collective agreement or award (3) If a provision of an arbitral award is to have retroactive effect, the provision displaces, for the retroactive period specified in the arbitral award, any term or condition of any previous collective agreement or arbitral award with which it is in conflict. Term of arbitral award 156. (1) The arbitration board must determine the term of the arbitral award and set it out in the arbitral award. Factors (2) In determining the term of an arbitral award, the arbitration board must take the following into account: (a) if a collective agreement applicable to the bargaining unit is in force or has been entered into but is not yet in force, the term of that collective agreement; or (b) if no collective agreement applying to the bargaining unit has been entered into, �� C. 22 Public Service M (i) the term of any previous collective agreement that applied to the bargaining unit, or (ii) the term of any other collective agreement that it considers relevant. Limitation on term (3) An arbitral award may not be for a term of less than one year or more than two years from the day on which it becomes binding on the parties, unless the arbitration board determines otherwise in any case where paragraph (2)(a) or (b) applies. Implementation Duty to implement provisions of the arbitral award 157. Subject to the appropriation by or under the authority of Parliament of any money that may be required by the employer, the parties must implement the provisions of the arbitral award within 90 days after the day on which the award becomes binding on them or within any longer period that the parties may agree to or that the Board, on application by either party, may set. Matters Not Dealt With Reference of matters not dealt with 158. Any party that considers that the arbitration board has failed to deal with a matter in dispute that was referred to arbitration may, within seven days after the day on which the arbitral award is made, refer the matter back to the arbitration board which must then deal with it. Amendment Amendment 159. The Board may, on the joint application of both parties to whom an arbitral award applies, amend any provision of the arbitral award if it considers that the amendment is warranted having regard to circumstances that have arisen since the making of the arbitral award, or of which the arbitration board did not have notice when the award was made, or to any other circumstances that the Board considers relevant. 2002-2003 Modernisation de la DIVISION 10 CONCILIATION Application of Division Application 160. This Division applies to the employer and the bargaining agent for a bargaining unit whenever (a) the process for the resolution of a dispute applicable to the bargaining unit is conciliation; and (b) the parties have bargained in good faith with a view to entering into a collective agreement, but are unable to reach agreement on a term or condition of employment that may be included in a collective agreement. Request for Conciliation Request for conciliation 161. (1) Either party may, by notice in writing to the Chairperson, request conciliation in respect of any term or condition of employment that may be included in a collective agreement. Contents of notice (2) The party requesting conciliation must (a) specify in the notice the terms or conditions of employment in respect of which it requests conciliation, and its proposals concerning the report to be made in respect of that term or condition; and (b) annex to the notice a copy of the most recent collective agreement entered into by the parties. Notice to other party (3) On receiving the notice, the Chairperson must send a copy to the other party. Request for conciliation of additional matters (4) The other party may, within seven days after receiving the copy, by notice in writing to the Chairperson, request conciliation in respect of any other term or condition of employment that may be included in a collective agreement and that remained in dispute when the first request for conciliation was made. Notice to include proposal (5) The party making the request under subsection (4) must specify in the notice its proposal concerning the report to be made in respect of the term or condition of employment in respect of which it requests conciliation. �� C. 22 Public Service M Establishment of Public Interest Commission Recommendation to establish 162. (1) Subject to subsection (3), on receiving a request for conciliation, the Chairperson must recommend to the Minister that a public interest commission be established for conciliation of the matters in dispute. Delay (2) The Chairperson may delay recommending the establishment of a public interest commission until satisfied that the party making the request has bargained sufficiently and seriously with respect to the matters in dispute. Refusal (3) If the Chairperson considers, after consultation with each of the parties, that the establishment of a public interest commission is unlikely to assist them in reaching agreement, the Chairperson must, without delay, notify the parties in writing that he or she will not recommend the establishment of such a commission. Chairperson’s initiative 163. (1) The Chairperson may, on his or her own initiative, recommend to the Minister that a public interest commission be established for the conciliation of a dispute if he or she considers that establishing one might assist the parties in reaching agreement and that the parties are unlikely to reach agreement otherwise. Notice (2) Before acting under subsection (1), the Chairperson must notify the parties of his or her intention to do so. Constitution 164. (1) The public interest commission consists of either a single member appointed in accordance with section 166 or, subject to subsection (2), three members, appointed in accordance with section 167. Request for commission of three members (2) The public interest commission is to consist of three members only if one of the parties requests it. List 165. (1) For the purposes of sections 166 and 167, the Chairperson must, after consultation with the parties, prepare a list of names of persons who could be selected to act as a 2002-2003 Modernisation de la public interest commission that consists of a single member, or as the chairperson of a public interest commission that consists of three members. Contents (2) The list must set out (a) the names of all eligible persons jointly recommended by the parties; and (b) if the Chairperson is of the opinion that the parties have not jointly recommended a sufficient number of persons, the names of any other eligible persons whom the Chairperson considers suitable. Commission with single member 166. (1) If the public interest commission is to consist of a single member, the Chairperson must submit to the Minister the list prepared under subsection 165(1). The Chairperson may, at his or her discretion, also recommend the appointment of a particular person named in the list. Appointment (2) After receiving the list, the Minister must, without delay, appoint a person named in the list. Commission with three members 167. (1) If either party requests that the public interest commission consist of three members, the Chairperson must, by notice, require each of the parties, within seven days of its receipt, to nominate a person to be a member of the commission, and on receipt of the nominations, the Chairperson must recommend to the Minister the appointment of the nominated persons as members of the commission. The Minister must appoint those persons without delay. Failure to nominate (2) If a party fails to nominate a person within the time provided for in subsection (1) or nominates a person who is not eligible for appointment, the Chairperson must recommend to the Minister the appointment as a member of the public interest commission of a person whom he or she considers suitable. The Minister must appoint the person without delay and that person is deemed to have been appointed on the nomination of that party. �� C. 22 Public Service M Appointment of chairperson nominated by parties (3) Within five days after the day on which the second member is appointed, the two members must nominate to be chairperson and third member of the public interest commission a person from the list prepared under subsection 165(1), and the Chairperson must recommend to the Minister the appointment of that person. The Minister must appoint the person without delay as chairperson and third member of the commission. Failure to nominate (4) If the two members fail to make a nomination under subsection (3), the Chairperson must, without delay, submit to the Minister the list prepared under subsection 165(1). The Chairperson may, at his or her discretion, also recommend to the Minister the appointment of a particular person named in the list as the chairperson and third member of the public interest commission. Appointment (5) After receiving the list, the Minister must, without delay, appoint a person named in the list as the chairperson and third member of the public interest commission. Eligibility 168. No person may act as a member of the public interest commission in respect of a matter referred to conciliation if the person has, at any time during the six months before their date of appointment, acted in respect of any matter concerning employer-employee relations as counsel or agent of the employer or of any employee organization that has an interest in the matter referred to conciliation. Notification of establishment 169. (1) The Chairperson must, without delay, notify the parties of the establishment of the public interest commission and of the name or names of its member or members, as the case may be. Effect of notification (2) The notification constitutes conclusive proof that the public interest commission has been established in accordance with this Part and, after it is given, no order may be made or process entered into, and no proceedings may be taken in any court, to question the establishment of the commission or to review, prohibit or restrain any of its proceedings. 2002-2003 Modernisation de la Death, incapacity or resignation of single member 170. (1) In the event of the death, incapacity or resignation of the member of a public interest commission that consists of a single member before the commission makes a report to the Chairperson, the Chairperson must recommend to the Minister the appointment of another person from the list submitted under section 166 and the Minister must, without delay, appoint that person or another person on the list. That person must recommence the conciliation proceedings from the beginning. Vacancy — commission with three members (2) If a vacancy occurs in the membership of a public interest commission that consists of three members before the commission makes a report to the Chairperson, the vacancy must be filled by the Minister, on the recommendation of the Chairperson, by appointment in the manner provided for in section 167 for the selection of the person in respect of whom the vacancy arose. Delivery of notice 171. After a public interest commission is established, the Chairperson must, without delay, deliver to it a copy of the notice given under subsection 161(1), if one was given. Powers and Functions Assistance to parties 172. As soon as possible after being established, the public interest commission must endeavour to assist the parties to the dispute in entering into or revising a collective agreement. Procedure 173. (1) Except as otherwise provided in this Part, the public interest commission may determine its own procedure, including the date, time and place of its proceedings, but both parties must be given a full opportunity to present evidence and make representations. Quorum and absence of members (2) The chairperson of the public interest commission and one other member constitute a quorum in the case of a commission consisting of three members but, in the absence of a member at any proceedings of the commission, the other members may not proceed unless the absent member has been given reasonable notice of the proceedings. �� C. 22 Public Service M Powers 174. (1) The public interest commission has all the powers of the Board set out in paragraphs 40(1)(a), (d), (e) and (h) to (j). Delegation (2) The public interest commission may authorize any person to exercise any of its powers set out in paragraphs 40(1)(d), (e), (i) and (j) and require that person to report to it on the exercise of those powers. Factors to be considered 175. In the conduct of its proceedings and in making a report to the Chairperson, the public interest commission must take into account the following factors, in addition to any other factors that it considers relevant: (a) the necessity of attracting competent persons to, and retaining them in, the public service in order to meet the needs of Canadians; (b) the necessity of offering compensation and other terms and conditions of employment in the public service that are comparable to those of employees in similar occupations in the private and public sectors, including any geographic, industrial or other variations that the public interest commission considers relevant; (c) the need to maintain appropriate relationships with respect to compensation and other terms and conditions of employment as between different classification levels within an occupation and as between occupations in the public service; (d) the need to establish compensation and other terms and conditions of employment that are fair and reasonable in relation to the qualifications required, the work performed, the responsibility assumed and the nature of the services rendered; and (e) the state of the Canadian economy and the Government of Canada’s fiscal circumstances. 2002-2003 Modernisation de la Report Report to Chairperson 176. (1) The public interest commission must submit a report to the Chairperson as to its success or failure in assisting the parties to the dispute and as to its findings and recommendations within 30 days after it is established, or within any longer period that may be agreed on by the parties or determined by the Chairperson. Report to be signed (2) The report must be signed by the chairperson of the public interest commission, or by the single member, as the case may be. Report not to require legislative implementation 177. (1) The report may not, directly or indirectly, recommend the alteration or elimination of any existing term or condition of employment, or the establishment of any new term or condition of employment, if (a) the alteration, elimination or establishment would require the enactment or amendment of any legislation by Parliament, except for the purpose of appropriating money required for implementation; (b) the term or condition is one that has been or may be established under the Public Service Employment Act, the Public Service Superannuation Act or the Government Employees Compensation Act; (c) the term or condition relates to standards, procedures or processes governing the appointment, appraisal, promotion, deployment, rejection on probation or lay-off of employees; or (d) in the case of a separate agency, the term or condition relates to termination of employment, other than termination of employment for a breach of discipline or misconduct. Matters not negotiated (2) The report of the public interest commission may not deal with a term or condition of employment that was not the subject of negotiation between the parties during the period before conciliation was requested. Findings and recommendations of majority 178. (1) If the public interest commission consists of three members, the findings and recommendations of a majority of the members in respect of the matters in dispute are deemed to be those of the commission. �� C. 22 Public Service M Findings and recommendations when majority cannot agree (2) If a majority of members of the public interest commission cannot agree in respect of the commission’s findings and recommendations, the findings and recommendations of the chairperson of the commission in respect of the matters in dispute are deemed to be those of the commission. Reconsideration of matters contained in report 179. The Chairperson may direct the public interest commission to reconsider and clarify or amplify its report or any part of the report. Copy of report to be sent to parties 180. The Chairperson must, as soon as possible after receiving the report or, if the Chairperson makes a direction under section 179, as soon as possible after receiving the reconsidered report, send a copy to the parties and cause the report, or the reconsidered report, as the case may be, to be published in any manner that he or she considers appropriate. Agreement to be bound 181. If, before the public interest commission submits its report to the Chairperson, the parties agree in writing that one or more recommendations to be made by the public interest commission in the report are to be binding on them, each such recommendation, once made, is binding on them and must be given effect. Alternate Dispute Resolution Process Alternate dispute resolution process 182. (1) Despite any other provision of this Part, the employer and a bargaining agent for a bargaining unit may, at any time in the negotiation of a collective agreement, agree to refer any term or condition of employment of employees in the bargaining unit that may be included in a collective agreement to any eligible person for final and binding determination by whatever process the employer and the bargaining agent agree to. Alternate process applicable only to terms referred to it (2) If a term or condition is referred to a person for final and binding determination, the process for resolution of a dispute concerning any other term or condition continues to be conciliation. 2002-2003 Modernisation de la Agreement not unilaterally changeable (3) Unless both parties agree, the referral of a term or condition to a person for final and binding determination remains in force until the determination is made. Form of determination (4) The form of the final and binding determination must, wherever possible, permit the determination to be (a) read and interpreted with, or annexed to and published with, a collective agreement dealing with other terms and conditions of employment of the employees in the bargaining unit in respect of which the determination applies; and (b) incorporated into and implemented by any instrument that may be required to be made by the employer or the relevant bargaining agent in respect of the determination. Binding effect (5) The determination is binding on the employer, the bargaining agent and the employees in the bargaining unit and is deemed to be incorporated into any collective agreement binding on the employees in the bargaining unit in respect of which the determination applies or, if there is no such agreement, is deemed to be such an agreement. Eligibility (6) A person is not eligible to be appointed as a person who makes a final and binding determination under this section if the person has, at any time during the six months before their date of appointment, acted in respect of any matter concerning employer-employee relations as solicitor, counsel or agent of the employer or of any employee organization that has an interest in the term or condition referred for final and binding determination. Vote on Employer’s Offer Minister may order vote to be held 183. (1) If the Minister is of the opinion that it is in the public interest that the employees in a bargaining unit be given the opportunity to accept or reject the offer of the employer last received by the bargaining agent in respect of all matters remaining in dispute between the parties, the Minister may (a) on any terms and conditions that the Minister considers appropriate, direct that a vote to accept or reject the offer be held by secret ballot as soon as possible among all of the employees in the bargaining unit; and �� C. 22 Public Service M (b) designate the Board, or any other person or body, to be in charge of conducting that vote. Vote does not delay right (2) The direction that a vote be held, or the holding of that vote, does not prevent the declaration or authorization of a strike if the employee organization that is certified as the bargaining agent is not otherwise prohibited from making the declaration or authorization, nor does it prevent the participation in a strike by an employee if the employee is not otherwise prohibited from participating in the strike. Consequences of favourable vote (3) If a majority of the employees participating in the vote accept the employer’s last offer, (a) the parties are bound by that offer and must, without delay, enter into a collective agreement that incorporates the terms of that offer; and (b) any strike that is in progress when the Board or other person or body in charge of conducting the vote notifies the parties in writing of the employees’ acceptance must cease immediately, and the employees must return to work as soon as the employer determines that it is practicable for them to do so. Powers respecting vote (4) The Board or other person or body in charge of conducting the vote must determine any question that arises under this section, including any question relating to the conduct of the vote or the determination of its result. DIVISION 11 STRIKE VOTES Secret ballot vote 184. (1) In order to obtain approval to declare or authorize a strike, an employee organization must hold a vote by secret ballot among all of the employees in the bargaining unit conducted in a manner that ensures that the employees are given a reasonable opportunity to participate in the vote and be informed of the results. 2002-2003 Modernisation de la Application to have vote declared invalid (2) An employee who is a member of a bargaining unit for which a vote referred to in subsection (1) was held and who alleges that there were irregularities in the conduct of the vote may, no later than 10 days after the day the results of the vote are announced, make an application to the Board to have the vote declared invalid. Dismissal of application (3) The Board may summarily dismiss the application if it is satisfied that, even if the alleged irregularities did occur, the outcome of the vote would not have been different. New vote (4) If the Board declares the vote invalid, it may order that a new vote be held in accordance with the conditions it specifies in the order. DIVISION 12 UNFAIR LABOUR PRACTICES Meaning of ‘‘unfair labour practice’’ 185. In this Division, ‘‘unfair labour practice’’ means anything that is prohibited by subsection 186(1) or (2), section 187 or 188 or subsection 189(1). Unfair labour practices — employer 186. (1) Neither the employer nor a person who occupies a managerial or confidential position, whether or not the person is acting on behalf of the employer, shall (a) participate in or interfere with the formation or administration of an employee organization or the representation of employees by an employee organization; or (b) discriminate against an employee organization. Unfair labour practices — employer (2) Neither the employer nor a person acting on behalf of the employer, nor a person who occupies a managerial or confidential position, whether or not that person is acting on behalf of the employer, shall (a) refuse to employ or to continue to employ, or suspend, lay off or otherwise discriminate against any person with respect to employment, pay or any other term or condition of employment, or intimidate, threaten or otherwise discipline any person, because the person �� C. 22 Public Service M (i) is or proposes to become, or seeks to induce any other person to become, a member, officer or representative of an employee organization, or participates in the promotion, formation or administration of an employee organization, (ii) has testified or otherwise participated, or may testify or otherwise participate, in a proceeding under this Part or Part 2, (iii) has made an application or filed a complaint under this Part or presented a grievance under Part 2, or (iv) has exercised any right under this Part or Part 2; (b) impose, or propose the imposition of, any condition on an appointment, or in an employee’s terms and conditions of employment, that seeks to restrain an employee or a person seeking employment from becoming a member of an employee organization or exercising any right under this Part or Part 2; or (c) seek, by intimidation, threat of dismissal or any other kind of threat, by the imposition of a financial or other penalty or by any other means, to compel a person to refrain from becoming or to cease to be a member, officer or representative of an employee organization or to refrain from (i) testifying or otherwise participating in a proceeding under this Part or Part 2, (ii) making a disclosure that the person may be required to make in a proceeding under this Part or Part 2, or (iii) making an application or filing a complaint under this Part or presenting a grievance under Part 2. Exception (3) The employer or a person does not commit an unfair labour practice under paragraph (1)(a) by reason only of 2002-2003 Modernisation de la (a) permitting an employee or a representative of an employee organization that is a bargaining agent to confer with the employer or person, as the case may be, during hours of work or to attend to the business of the employee organization during hours of work without any deduction from wages or any deduction of time worked for the employer; or (b) permitting an employee organization that is a bargaining agent to use the employer’s premises for the purposes of the employee organization. Exception (4) The employer or a person does not commit an unfair labour practice under paragraph (1)(b) (a) if the employer or person is acting in accordance with this Part or a regulation, a collective agreement or an arbitral award; or (b) by reason only of receiving representations from, or holding discussions with, representatives of an employee organization. Exception (5) The employer or a person does not commit an unfair labour practice under paragraph (1)(a) or (b) by reason only that the employer or person expresses their point of view, so long as they do not use coercion, intimidation, threats, promises or undue influence. Exception (6) The employer or a person does not commit an unfair labour practice under any of paragraphs (1)(a) or (b) or (2)(a) to (c) by reason only of any act or thing done or omitted in relation to a person who occupies, or is proposed to occupy, a managerial or confidential position. Unfair representation by bargaining agent 187. No employee organization that is certified as the bargaining agent for a bargaining unit, and none of its officers and representatives, shall act in a manner that is arbitrary or discriminatory or that is in bad faith in the representation of any employee in the bargaining unit. �� Unfair labour practices — employee organizations C. 22 Public Service M 188. No employee organization and no officer or representative of an employee organization or other person acting on behalf of an employee organization shall (a) except with the consent of the employer, attempt, at an employee’s place of employment during the employee’s working hours, to persuade the employee to become, to refrain from becoming, to continue to be or to cease to be a member of an employee organization; (b) expel or suspend an employee from membership in the employee organization or deny an employee membership in the employee organization by applying its membership rules to the employee in a discriminatory manner; (c) take disciplinary action against or impose any form of penalty on an employee by applying the employee organization’s standards of discipline to that employee in a discriminatory manner; (d) expel or suspend an employee from membership in the employee organization, or take disciplinary action against, or impose any form of penalty on, an employee by reason of that employee having exercised any right under this Part or Part 2 or having refused to perform an act that is contrary to this Part; or (e) discriminate against a person with respect to membership in an employee organization, or intimidate or coerce a person or impose a financial or other penalty on a person, because that person has (i) testified or otherwise participated or may testify or otherwise participate in a proceeding under this Part or Part 2, (ii) made an application or filed a complaint under this Part or presented a grievance under Part 2, or (iii) exercised any right under this Part or Part 2. 2002-2003 Unfair labour practices — persons Modernisation de la 189. (1) Subject to subsection (2), no person shall seek by intimidation or coercion to compel an employee (a) to become, refrain from becoming or cease to be, or, except as otherwise provided in a collective agreement, to continue to be, a member of an employee organization; or (b) to refrain from exercising any other right under this Part or Part 2. Exception (2) A person does not commit an unfair labour practice referred to in subsection (1) by reason of any act or thing done or omitted in relation to a person who occupies, or is proposed to occupy, a managerial or confidential position. DIVISION 13 COMPLAINTS Complaints 190. (1) The Board must examine and inquire into any complaint made to it that (a) the employer has failed to comply with section 56 (duty to observe terms and conditions); (b) the employer or a bargaining agent has failed to comply with section 106 (duty to bargain in good faith); (c) the employer, a bargaining agent or an employee has failed to comply with section 107 (duty to observe terms and conditions); (d) the employer, a bargaining agent or a deputy head has failed to comply with subsection 110(3) (duty to bargain in good faith); (e) the employer or an employee organization has failed to comply with section 117 (duty to implement provisions of the collective agreement) or 157 (duty to implement provisions of the arbitral award); (f) the employer, a bargaining agent or an employee has failed to comply with section 132 (duty to observe terms and conditions); or (g) the employer, an employee organization or any person has committed an unfair �� C. 22 Public Service M labour practice within the meaning of section 185. Time for making complaint (2) Subject to subsections (3) and (4), a complaint under subsection (1) must be made to the Board not later than 90 days after the date on which the complainant knew, or in the Board’s opinion ought to have known, of the action or circumstances giving rise to the complaint. Limitation on complaints against employee organizations (3) Subject to subsection (4), no complaint may be made to the Board under subsection (1) on the ground that an employee organization or any person acting on behalf of one has failed to comply with paragraph 188(b) or (c) unless (a) the complainant has presented a grievance or appeal in accordance with any procedure that has been established by the employee organization and to which the complainant has been given ready access; (b) the employee organization (i) has dealt with the grievance or appeal of the complainant in a manner unsatisfactory to the complainant, or (ii) has not, within six months after the date on which the complainant first presented their grievance or appeal under paragraph (a), dealt with the grievance or appeal; and (c) the complaint is made to the Board not later than 90 days after the first day on which the complainant could, in accordance with paragraphs (a) and (b), make the complaint. Exception (4) The Board may, on application to it by a complainant, determine a complaint in respect of an alleged failure by an employee organization to comply with paragraph 188(b) or (c) that has not been presented as a grievance or appeal to the employee organization, if the Board is satisfied that (a) the action or circumstance giving rise to the complaint is such that the complaint should be dealt with without delay; or 2002-2003 Modernisation de la (b) the employee organization has not given the complainant ready access to a grievance or appeal procedure. Duty and power of the Board 191. (1) Subject to subsection (3), on receipt of a complaint made under subsection 190(1), the Board may assist the parties to the complaint to settle the complaint. If it decides not to do so or if the complaint is not settled within a period that the Board considers to be reasonable in the circumstances, it must determine the complaint. Refusal to determine complaint involving collective agreement (2) The Board may refuse to determine a complaint made under subsection 190(1) in respect of a matter that, in the Board’s opinion, could be referred to adjudication under Part 2 by the complainant. Burden of proof (3) If a complaint is made in writing under subsection 190(1) in respect of an alleged failure by the employer or any person acting on behalf of the employer to comply with subsection 186(2), the written complaint is itself evidence that the failure actually occurred and, if any party to the complaint proceedings alleges that the failure did not occur, the burden of proving that it did not is on that party. Orders 192. (1) If the Board determines that a complaint referred to in subsection 190(1) is well founded, the Board may make any order that it considers necessary in the circumstances against the party complained of, including any of the following orders: (a) if the employer has failed to comply with section 107 or 132, an order requiring the employer to pay to any employee compensation not more than the amount that, in the Board’s opinion, is equivalent to the remuneration that would, but for that failure, have been paid by the employer to the employee; (b) if the employer has failed to comply with paragraph 186(2)(a), an order requiring the employer to (i) employ, continue to employ or permit to return to the duties of their employment any person whom the employer or any person acting on behalf of the �� C. 22 Public Service M employer has refused to employ or continue to employ, has suspended, transferred, laid off or otherwise discriminated against, or discharged contrary to that paragraph, (ii) pay to any person affected by that failure compensation in an amount that is not more than, in the Board’s opinion, the remuneration that would, but for that failure, have been paid by the employer to that person, and (iii) rescind any disciplinary action taken in respect of any person affected by that failure and pay compensation in an amount that is not more than, in the Board’s opinion, any financial or other penalty imposed on the person by the employer; (c) if the employer has failed to comply with paragraph 186(2)(c), an order requiring the employer to rescind any action taken in respect of any employee affected by the failure and pay compensation in an amount that is not more than, in the Board’s opinion, any financial or other penalty imposed on the employee by the employer; (d) if an employee organization has failed to comply with section 187, an order requiring the employee organization to take and carry on on behalf of any employee affected by the failure or to assist any such employee to take and carry on any proceeding that the Board considers that the employee organization ought to have taken and carried on on the employee’s behalf or ought to have assisted the employee to take and carry on; (e) if an employee organization has failed to comply with paragraph 188(b) or (d), an order requiring the employee organization to reinstate or admit an employee as one of its members; and (f) if an employee organization has failed to comply with paragraph 188(c), (d) or (e), an order requiring the employee organization to rescind any disciplinary action taken in respect of any employee affected by the failure and pay compensation in an amount that is not more than, in the Board’s opinion, 2002-2003 Modernisation de la any financial or other penalty imposed on the employee by the employee organization. Person acting on behalf of employer (2) If the order is directed to a person who has acted or purported to act on behalf of the employer, the order must also be directed to the Secretary of the Treasury Board in the case of the core public administration and, in the case of a separate agency, to its deputy head. Person acting on behalf of employee organization (3) If the order is directed to a person who has acted or purported to act on behalf of an employee organization, the order must also be directed to the chief officer of that employee organization. DIVISION 14 PROHIBITIONS AND ENFORCEMENT Acts of Officers and Representatives of Employee Organizations Acts deemed to be those of employee organization 193. For the purposes of this Part, an act or thing done or omitted by an officer or representative of an employee organization within the scope of that person’s authority to act on the employee organization’s behalf is deemed to be an act or thing done or omitted by the employee organization. Prohibitions Relating to Strikes Declaration or authorization of strike prohibited 194. (1) No employee organization shall declare or authorize a strike in respect of a bargaining unit, and no officer or representative of an employee organization shall counsel or procure the declaration or authorization of a strike in respect of a bargaining unit or the participation of employees in such a strike, if (a) the employee organization has not been certified by the Board as the bargaining agent for the bargaining unit; (b) a collective agreement applying to the bargaining unit is in force; (c) no collective agreement is in force, and no notice to bargain collectively has been given, in respect of the bargaining unit; (d) no collective agreement is in force, and a notice to bargain collectively has been given, in respect of the bargaining unit, and �� C. 22 Public Service M no request for conciliation has been made under section 161; (e) the process for resolution of a dispute applicable to the bargaining unit is arbitration; (f) the process for resolution of a dispute applicable to the bargaining unit is conciliation and a notice to enter into an essential services agreement has been given under section 122 by the employer or the employee organization, as bargaining agent for the bargaining unit and no essential services agreement is in force in respect of the bargaining unit; (g) the process for resolution of a dispute in respect of the bargaining unit is conciliation and a notice to amend an essential services agreement has been given under section 126 by the employer or the employee organization, as bargaining agent for the bargaining unit, and (i) the essential services agreement has not been amended as a result of that notice, or (ii) if an application referred to in subsection 127(1) was made by the employer or the employee organization, the application has not been finally disposed of by the Board; (h) the process for resolution of a dispute in respect of the bargaining unit is conciliation and less than 30 clear days have elapsed since (i) the date an essential services agreement came into force in respect of the bargaining unit, or (ii) the date an application referred to in subsection 123(1) made by the employer or the employee organization as bargaining agent for the bargaining unit was finally disposed of by the Board, if such an application was made; (i) the process for resolution of a dispute in respect of the bargaining unit is conciliation and the employer or the employee organization, as bargaining agent for the bargaining unit, has given a notice to amend an 2002-2003 Modernisation de la essential services agreement and less than 30 clear days have elapsed since (i) the date of the coming into force of the amendment to the essential services agreement as a result of that notice, or (ii) the date the application referred to in subsection 127(1) made by the employer or the employee organization was finally disposed of by the Board, if such an application was made; (j) an essential services agreement binding on the employee organization and the employer has been suspended by order under section 131; (k) the process for resolution of a dispute in respect of the bargaining unit is conciliation and a public interest commission has not been established to assist the employer and the employee organization, as bargaining agent for the bargaining unit, to enter into or revise a collective agreement, unless the employee organization has been notified under subsection 162(3) that a public interest commission will not be established; (l) the employee organization, as bargaining agent for the bargaining unit, has been notified under subsection 162(3) that a public interest commission will not be established to assist the employer and the employee organization to enter into or revise a collective agreement and less than seven clear days have elapsed since the date the notice was given under that subsection; (m) a public interest commission has been established to assist the employer and the employee organization, as bargaining agent for the bargaining unit, to enter into or revise a collective agreement and the Chairperson has not yet sent the commission’s report or reconsidered report, as the case may be, to the parties, or, if it has been sent, less than seven clear days have elapsed since it was sent; (n) the employee organization, as bargaining agent for the bargaining unit, has agreed with the employer to be bound as described in section 181 in respect of all terms and conditions in dispute; �� C. 22 Public Service M (o) the employee organization, as bargaining agent for the bargaining unit, has agreed with the employer to refer, under subsection 182(1), all terms and conditions in dispute to final and binding determination; (p) a vote has been held under subsection 183(1) and a majority of employees participating in the vote have accepted the employer’s last offer; (q) the employee organization has failed to conduct a secret ballot vote in accordance with section 184; or (r) the employee organization has conducted a secret ballot vote in accordance with section 184 and (i) it has not received the approval of a majority of the employees who voted, or (ii) if it has received the approval of a majority of the employees who voted, more than 60 clear days, or any longer period that may be agreed to in writing by the employee organization and the employer, have elapsed since the vote was held. Essential services (2) No employee organization shall declare or authorize a strike the effect of which is or would be to involve the participation of any employee who occupies a position that is necessary under an essential services agreement for the employer to provide essential services, and no officer or representative of an employee organization shall counsel or procure the participation of such employees in a strike. 2002-2003 Modernisation de la Non-employees 195. No person employed in the public service shall participate in a strike if the person is not an employee. Participation prohibited 196. No employee shall participate in a strike if the employee (a) is not included in a bargaining unit for which a bargaining agent has been certified by the Board; (b) is included in a bargaining unit in respect of which a collective agreement is in force; (c) is included in a bargaining unit in respect of which no collective agreement is in force and for which no notice to bargain collectively has been given; (d) is included in a bargaining unit in respect of which no collective agreement is in force and for which a notice to bargain collectively has been given and in respect of which no request for conciliation has been made under section 161; (e) is included in a bargaining unit for which the process for resolution of a dispute is arbitration; (f) is included in a bargaining unit for which the process for resolution of a dispute is conciliation and in respect of which a notice to enter into an essential services agreement has been given under section 122 by the employer or the bargaining agent for the bargaining unit, and no essential services agreement is in force in respect of the bargaining unit; (g) is included in a bargaining unit for which the process for resolution of a dispute is conciliation and in respect of which a notice to amend an essential services agreement has been given under section 126 by the employer or the bargaining agent for the bargaining unit, and (i) the essential services agreement has not been amended as a result of that notice, or (ii) if an application referred to in subsection 127(1) was made by the employer or the bargaining agent, the application has not been finally disposed of by the Board; �� C. 22 Public Service M (h) is included in a bargaining unit for which the process for resolution of a dispute is conciliation and less than 30 clear days have elapsed since (i) the date an essential services agreement came into force in respect of the bargaining unit, or (ii) the date an application referred to in subsection 123(1) made by the employer or the bargaining agent for the bargaining unit was finally disposed of by the Board, if such an application was made; (i) is included in a bargaining unit for which the process for resolution of a dispute is conciliation and in respect of which the employer or the bargaining agent for the bargaining unit has given a notice to amend an essential services agreement and less than 30 clear days have elapsed since (i) the date of the coming into force of the amendment to the essential services agreement as a result of that notice, or (ii) the date the application referred to in subsection 127(1) made by the employer or the employee organization was finally disposed of by the Board, if such an application was made; (j) occupies a position that is necessary under an essential services agreement for the employer to provide essential services; (k) is included in a bargaining unit in respect of which an essential services agreement binding on the bargaining agent for the bargaining unit and the employer has been suspended by order under section 131; (l) is included in a bargaining unit for which the process for resolution of a dispute is conciliation and in respect of which a public interest commission has not been established to assist the employer and the bargaining agent for the bargaining unit to enter into or revise a collective agreement, unless the bargaining agent has been notified under subsection 162(3) that a public interest commission will not be established; (m) is included in a bargaining unit in respect of which the bargaining agent for 2002-2003 Modernisation de la the bargaining unit has been notified under subsection 162(3) that a public interest commission will not be established to assist the employer and the bargaining agent to enter into or revise a collective agreement and less than seven clear days have elapsed from the date the notice was given under that subsection; (n) is included in a bargaining unit in respect of which a public interest commission has been established to assist the employer and the bargaining agent for the bargaining unit to enter into or revise a collective agreement, and the Chairperson has not yet sent the commission’s report or reconsidered report, as the case may be, to the parties, or, if it has been sent, less than seven clear days have elapsed since it was sent; (o) is included in a bargaining unit whose bargaining agent has agreed with the employer to be bound as described in section 181 in respect of all terms and conditions in dispute; (p) is included in a bargaining unit whose bargaining agent has agreed with the employer to refer, under subsection 182(1), all terms and conditions in dispute to final and binding determination; (q) is included in a bargaining unit in respect of which a vote has been held under subsection 183(1) and a majority of employees participating in the vote have accepted the employer’s last offer; (r) is included in a bargaining unit whose bargaining agent has failed to conduct a secret ballot vote in accordance with section 184; or (s) is included in a bargaining unit whose bargaining agent has conducted a secret ballot vote in accordance with section 184 and (i) the bargaining agent has not received the approval of a majority of the employees who voted, or (ii) if the bargaining agent has received the approval of a majority of the em�� C. 22 Public Service M ployees who voted and the bargaining agent has declared or authorized the strike after 60 clear days have elapsed, or after any longer period that may be agreed to in writing by the bargaining agent and the employer has elapsed, since the day the vote was held. Right to strike limited during period between Parliaments 197. (1) If a strike occurs or may occur during the period beginning on the date of a dissolution of Parliament and ending on the date fixed for the return of the writs at the next following general election and, in the opinion of the Governor in Council, the strike adversely affects or would adversely affect the national interest, the Governor in Council may during that period make an order deferring the strike during the period beginning on the day on which the order is made and ending on the twenty-first day following the date fixed for the return of the writs. Tabling in Parliament (2) The Minister must cause a report giving the reasons for the order to be tabled in each House of Parliament within the first 10 days on which that House is sitting after the order is made. Declaration or authorization of strike prohibited during deferred period (3) No employee organization shall declare or authorize, and no officer or representative of an employee organization shall counsel or procure the declaration or authorization of, a strike in respect of a bargaining unit in the period during which the strike is deferred by an order made under subsection (1). Participation prohibited during deferred period (4) No employee shall participate in a strike in the period during which the strike is deferred by an order made under subsection (1). 2002-2003 Modernisation de la Declarations and Orders Relating to Strikes Application for declaration that conduct is unlawful 198. (1) If the employer considers that an employee organization or any officer or representative of one has contravened subsection 194(1) or (2) or 197(3), or that a person has contravened section 195, or that an employee has contravened section 196 or subsection 197(4), the employer may apply to the Board for a declaration that the conduct giving rise to the contravention is unlawful. Declaration that strike unlawful and strike prohibited (2) After affording the employee organization, officer, representative, person or employee referred to in subsection (1) an opportunity to make representations on the application, the Board may declare that the conduct is unlawful and, if the employer so requests, may make an order (a) requiring the employee organization to revoke the declaration or authorization of a strike and to give notice immediately of its revocation to the employees to whom it was directed; (b) enjoining the officer or representative from counselling or procuring the declaration or authorization of a strike or the participation of employees in a strike; (c) enjoining the employee from participating in the strike; (d) requiring the employee to perform the duties of his or her employment; or (e) requiring any employee organization, of which any employee with respect to whom an order is made under paragraph (c) or (d) is a member, and any officer or representative of that employee organization, to immediately give notice of any order made under one of those paragraphs to the employee. Terms and duration of order (3) An order made under subsection (2) (a) must be in terms that the Board considers necessary and sufficient to meet the circumstances of the case; and (b) subject to subsection (4), has effect for the time specified in the order. �� Continuation or revocation of order C. 22 Public Service M (4) On application by the employer or employee organization or any employee or other person affected by an order made under subsection (2), notice of which has been given to the parties named in the order, the Board may, by supplementary order, (a) continue the order, with or without modification, for the period stated in the supplementary order; or (b) revoke the order. Prohibition Relating to Essential Services Obstruction 199. No person shall impede or prevent or attempt to impede or prevent an employee from entering or leaving the employee’s place of work if the employee occupies a position that is necessary under an essential services agreement for the employer to provide essential services. Offences and Punishment Persons 200. Every person who contravenes subsection 186(1) or (2), section 188, subsection 189(1) or section 195 or 199 is guilty of an offence and liable on summary conviction to a fine of not more than $1,000. Employees 201. Every employee who contravenes section 196 or subsection 197(4) is guilty of an offence and liable on summary conviction to a fine of not more than $1,000. Employee organizations 202. (1) Every employee organization that contravenes, and every officer or representative of one who contravenes, section 187 or 188 is guilty of an offence and liable on summary conviction to a fine of not more than $1,000. Employee organizations (2) Every employee organization that contravenes subsection 194(1) or (2) or 197(3) is guilty of an offence and liable on summary conviction to a fine not more than $1,000 for each day that any strike declared or authorized by it in contravention of that subsection is in effect. 2002-2003 Modernisation de la Prosecution of employee organization (3) A prosecution for an offence under subsection (1) or (2) may be brought against an employee organization and in the name of that organization and, for the purposes of the prosecution, the employee organization is deemed to be a person. Officers and representatives of employee organizations 203. Every officer or representative of an employee organization who contravenes subsection 194(1) is guilty of an offence and liable on summary conviction to a fine of not more than $10,000. Employer 204. If the employer contravenes subsection 186(1) or (2), the employer is guilty of an offence and liable on summary conviction to a fine of not more than $10,000. Consent to prosecution 205. A prosecution for an offence under this Division may be instituted only with the consent of the Board. PART 2 GRIEVANCES Interpretation Definitions 206. (1) The following definitions apply in this Part. ‘‘employee’’ « fonctionnaire » ‘‘employee’’ has the meaning that would be assigned by the definition ‘‘employee’’ in subsection 2(1) if that definition were read without reference to paragraphs (e) and (i) and without reference to the words ‘‘except in Part 2’’. ‘‘group grievance’’ « grief collectif » ‘‘group grievance’’ means a grievance presented in accordance with section 215. ‘‘individual grievance’’ « grief individuel » ‘‘individual grievance’’ means a grievance presented in accordance with section 208. ‘‘policy grievance’’ « grief de principe » ‘‘policy grievance’’ means a grievance presented in accordance with section 220. Former employees (2) Every reference in this Part to an ‘‘employee’’ includes a former employee for the purposes of any provisions of this Part respecting grievances with respect to (a) any disciplinary action resulting in suspension, or any termination of employ�� C. 22 Public Service M ment, under paragraph 12(1)(c), (d) or (e) of the Financial Administration Act; or (b) in the case of a separate agency, any disciplinary action resulting in suspension, or any termination of employment, under paragraph 12(2)(c) or (d) of the Financial Administration Act or under any provision of any Act of Parliament, or any regulation, order or other instrument made under the authority of an Act of Parliament, respecting the powers or functions of the separate agency. Conflict Management Informal conflict management system 207. Subject to any policies established by the employer or any directives issued by it, every deputy head in the core public administration must, in consultation with bargaining agents representing employees in the portion of the core public administration for which he or she is deputy head, establish an informal conflict management system and inform the employees in that portion of its availability. Individual Grievances Presentation Right of employee 208. (1) Subject to subsections (2) to (7), an employee is entitled to present an individual grievance if he or she feels aggrieved (a) by the interpretation or application, in respect of the employee, of (i) a provision of a statute or regulation, or of a direction or other instrument made or issued by the employer, that deals with terms and conditions of employment, or (ii) a provision of a collective agreement or an arbitral award; or (b) as a result of any occurrence or matter affecting his or her terms and conditions of employment. Limitation (2) An employee may not present an individual grievance in respect of which an administrative procedure for redress is provided under any Act of Parliament, other than the Canadian Human Rights Act. 2002-2003 Modernisation de la Limitation (3) Despite subsection (2), an employee may not present an individual grievance in respect of the right to equal pay for work of equal value. Limitation (4) An employee may not present an individual grievance relating to the interpretation or application, in respect of the employee, of a provision of a collective agreement or an arbitral award unless the employee has the approval of and is represented by the bargaining agent for the bargaining unit to which the collective agreement or arbitral award applies. Limitation (5) An employee who, in respect of any matter, avails himself or herself of a complaint procedure established by a policy of the employer may not present an individual grievance in respect of that matter if the policy expressly provides that an employee who avails himself or herself of the complaint procedure is precluded from presenting an individual grievance under this Act. Limitation (6) An employee may not present an individual grievance relating to any action taken under any instruction, direction or regulation given or made by or on behalf of the Government of Canada in the interest of the safety or security of Canada or any state allied or associated with Canada. Order to be conclusive proof (7) For the purposes of subsection (6), an order made by the Governor in Council is conclusive proof of the matters stated in the order in relation to the giving or making of an instruction, a direction or a regulation by or on behalf of the Government of Canada in the interest of the safety or security of Canada or any state allied or associated with Canada. Reference to Adjudication Reference to adjudication 209. (1) An employee may refer to adjudication an individual grievance that has been presented up to and including the final level in the grievance process and that has not been dealt with to the employee’s satisfaction if the grievance is related to (a) the interpretation or application in respect of the employee of a provision of a collective agreement or an arbitral award; �� C. 22 Public Service M (b) a disciplinary action resulting in termination, demotion, suspension or financial penalty; (c) in the case of an employee in the core public administration, (i) demotion or termination under paragraph 12(1)(d) of the Financial Administration Act for unsatisfactory performance or under paragraph 12(1)(e) of that Act for any other reason that does not relate to a breach of discipline or misconduct, or (ii) deployment under the Public Service Employment Act without the employee’s consent where consent is required; or (d) in the case of an employee of a separate agency designated under subsection (3), demotion or termination for any reason that does not relate to a breach of discipline or misconduct. Application of paragraph (1)(a) (2) Before referring an individual grievance related to matters referred to in paragraph (1)(a), the employee must obtain the approval of his or her bargaining agent to represent him or her in the adjudication proceedings. Designation (3) The Governor in Council may, by order, designate any separate agency for the purposes of paragraph (1)(d). Notice to Canadian Human Rights Commission 210. (1) When an individual grievance has been referred to adjudication and a party to the grievance raises an issue involving the interpretation or application of the Canadian Human Rights Act, that party must, in accordance with the regulations, give notice of the issue to the Canadian Human Rights Commission. Standing of Commission (2) The Canadian Human Rights Commission has standing in adjudication proceedings for the purpose of making submissions regarding an issue referred to in subsection (1). Exception 211. Nothing in section 209 is to be construed or applied as permitting the referral to adjudication of an individual grievance with respect to (a) any termination of employment under the Public Service Employment Act; or 2002-2003 Modernisation de la (b) any deployment under the Public Service Employment Act, other than the deployment of the employee who presented the grievance. Representation Right to be represented by employee organization 212. An employee who is not included in a bargaining unit for which an employee organization has been certified as bargaining agent may seek the assistance of, and, if the employee chooses, may be represented by, any employee organization in the presentation or reference to adjudication of an individual grievance. Right to be represented by employee organization 213. No employee who is included in a bargaining unit for which an employee organization has been certified as bargaining agent may be represented by any other employee organization in the presentation or reference to adjudication of an individual grievance. Binding Effect Binding effect 214. If an individual grievance has been presented up to and including the final level in the grievance process and it is not one that under section 209 may be referred to adjudication, the decision on the grievance taken at the final level in the grievance process is final and binding for all purposes of this Act and no further action under this Act may be taken on it. Group Grievances Presentation Right of bargaining agent 215. (1) The bargaining agent for a bargaining unit may present to the employer a group grievance on behalf of employees in the bargaining unit who feel aggrieved by the interpretation or application, common in respect of those employees, of a provision of a collective agreement or an arbitral award. Consent required (2) In order to present the grievance, the bargaining agent must first obtain the consent of each of the employees concerned in the form provided for by the regulations. The consent of an employee is valid only in respect of the particular group grievance for which it is obtained. �� C. 22 Public Service M Single portion (3) The group grievance must relate to employees in a single portion of the federal public administration. Limitation (4) A bargaining agent may not present a group grievance in respect of which an administrative procedure for redress is provided under any Act of Parliament, other than the Canadian Human Rights Act. Limitation (5) Despite subsection (4), a bargaining agent may not present a group grievance in respect of the right to equal pay for work of equal value. Limitation (6) If an employee has, in respect of any matter, availed himself or herself of a complaint procedure established by a policy of the employer, the bargaining agent may not include that employee as one on whose behalf it presents a group grievance in respect of that matter if the policy expressly provides that an employee who avails himself or herself of the complaint procedure is precluded from participating in a group grievance under this Act. Limitation (7) A bargaining agent may not present a group grievance relating to any action taken under any instruction, direction or regulation given or made by or on behalf of the Government of Canada in the interest of the safety or security of Canada or any state allied or associated with Canada. Order to be conclusive proof (8) For the purposes of subsection (7), an order made by the Governor in Council is conclusive proof of the matters stated in the order in relation to the giving or making of an instruction, a direction or a regulation by or on behalf of the Government of Canada in the interest of the safety or security of Canada or any state allied or associated with Canada. Reference to Adjudication Reference to adjudication 216. The bargaining agent may refer to adjudication any group grievance that has been presented up to and including the final level in the grievance process and that has not been dealt with to its satisfaction. 2002-2003 Modernisation de la Notice to Canadian Human Rights Commission 217. (1) When a group grievance has been referred to adjudication and a party to the grievance raises an issue involving the interpretation or application of the Canadian Human Rights Act, that party must, in accordance with the regulations, give notice of the issue to the Canadian Human Rights Commission. Standing of Commission (2) The Canadian Human Rights Commission has standing in adjudication proceedings for the purpose of making submissions regarding an issue referred to in subsection (1). Withdrawal from Group Grievance Right of employee to withdraw 218. An employee in respect of whom a group grievance has been presented may, at any time before a final decision is made in respect of the grievance, notify the bargaining agent that the employee no longer wishes to be involved in the group grievance. Effect of notice 219. After receiving the notice, the bargaining agent may not pursue the grievance in respect of the employee. Policy Grievances Presentation Right of employer and bargaining agent 220. (1) If the employer and a bargaining agent are bound by an arbitral award or have entered into a collective agreement, either of them may present a policy grievance to the other in respect of the interpretation or application of the collective agreement or arbitral award as it relates to either of them or to the bargaining unit generally. Limitation (2) Neither the employer nor a bargaining agent may present a policy grievance in respect of which an administrative procedure for redress is provided under any other Act of Parliament, other than the Canadian Human Rights Act. Limitation (3) Despite subsection (2), neither the employer nor a bargaining agent may present a policy grievance in respect of the right to equal pay for work of equal value. �� C. 22 Public Service M Limitation (4) A bargaining agent may not present a policy grievance relating to any action taken under any instruction, direction or regulation given or made by or on behalf of the Government of Canada in the interest of the safety or security of Canada or any state allied or associated with Canada. Order to be conclusive proof (5) For the purposes of subsection (4), an order made by the Governor in Council is conclusive proof of the matters stated in the order in relation to the giving or making of an instruction, a direction or a regulation by or on behalf of the Government of Canada in the interest of the safety or security of Canada or any state allied or associated with Canada. Reference to Adjudication Reference to adjudication 221. A party that presents a policy grievance may refer it to adjudication. Notice to Canadian Human Rights Commission 222. (1) When a policy grievance has been referred to adjudication and a party to the grievance raises an issue involving the interpretation or application of the Canadian Human Rights Act, that party must, in accordance with the regulations, give notice of the issue to the Canadian Human Rights Commission. Standing of Commission (2) The Canadian Human Rights Commission has standing in adjudication proceedings for the purpose of making submissions regarding an issue referred to in subsection (1). Adjudication Referral by Chairperson Notice 223. (1) A party who refers a grievance to adjudication must, in accordance with the regulations, give notice of the reference to the Board and specify in the notice whether an adjudicator is named in any applicable collective agreement or has otherwise been selected by the parties and, if no adjudicator is so named or has been selected, whether the party requests the establishment of a board of adjudication. Action to be taken by Chairperson (2) On receipt of the notice by the Board, the Chairperson must 2002-2003 Modernisation de la (a) if the grievance is one arising out of a collective agreement and an adjudicator is named in the agreement, refer the matter to the adjudicator; (b) if the parties have selected an adjudicator, refer the matter to the adjudicator; (c) if a board of adjudication has been requested and the other party has not objected in the time provided for in the regulations, establish the board and refer the matter to it; and (d) in any other case, refer the matter to an adjudicator designated by the Chairperson from amongst the members of the Board. Conference (3) The Chairperson may, at any time after receipt of the notice, direct the parties to attend a conference in order to attempt to settle or simplify the issues in dispute. Board of Adjudication Constitution 224. (1) A board of adjudication consists of one member of the Board designated by the Chairperson, who is the chairperson of the board of adjudication, and two other persons, each of whom is nominated by one of the parties. Ineligibility (2) A person is not eligible to be a member of a board of adjudication if the person has any direct interest in or connection with the grievance referred to the board of adjudication, its handling or its disposition. Jurisdiction Compliance with procedures 225. No grievance may be referred to adjudication, and no adjudicator may hear or render a decision on a grievance, until the grievance has been presented at all required levels in accordance with the applicable grievance process. Powers Powers 226. (1) An adjudicator may, in relation to any matter referred to adjudication, (a) summon and enforce the attendance of witnesses and compel them to give oral or written evidence on oath in the same manner as a superior court of record; �� C. 22 Public Service M (b) order that a hearing or a pre-hearing conference be conducted using a means of telecommunication that permits the parties and the adjudicator to communicate with each other simultaneously; (c) administer oaths and solemn affirmations; (d) accept any evidence, whether admissible in a court of law or not; (e) compel, at any stage of a proceeding, any person to produce the documents and things that may be relevant; (f) subject to any limitations that the Governor in Council may establish in the interests of defence or security, enter any premises of the employer where work is being or has been done by employees, inspect and view any work, material, machinery, appliance or article in the premises and require any person in the premises to answer all questions relating to the matter being adjudicated; (g) interpret and apply the Canadian Human Rights Act and any other Act of Parliament relating to employment matters, other than the provisions of the Canadian Human Rights Act related to the right to equal pay for work of equal value, whether or not there is a conflict between the Act being interpreted and applied and the collective agreement, if any; (h) give relief in accordance with paragraph 53(2)(e) or subsection 53(3) of the Canadian Human Rights Act; (i) award interest in the case of grievances involving termination, demotion, suspension or financial penalty at a rate and for a period that the adjudicator considers appropriate; and (j) summarily dismiss grievances that in the opinion of the adjudicator are frivolous or vexatious. Power to mediate (2) At any stage of a proceeding before an adjudicator, the adjudicator may, if the parties agree, assist the parties in resolving the difference at issue without prejudice to the 2002-2003 Modernisation de la power of the adjudicator to continue the adjudication with respect to the issues that have not been resolved. Determination without oral hearing 227. An adjudicator may decide any matter referred to adjudication without holding an oral hearing. Decision of Adjudicator Hearing of grievance 228. (1) If a grievance is referred to adjudication, the adjudicator must give both parties to the grievance an opportunity to be heard. Decision on grievance (2) After considering the grievance, the adjudicator must render a decision and make the order that he or she considers appropriate in the circumstances. The adjudicator must then (a) send a copy of the order and, if there are written reasons for the decision, a copy of the reasons, to each party, to the representative of each party and to the bargaining agent, if any, for the bargaining unit to which the employee whose grievance it is belongs; and (b) deposit a copy of the order and, if there are written reasons for the decision, a copy of the reasons, with the Executive Director of the Board. Decision of board of adjudication (3) In the case of a board of adjudication, a decision of a majority of the members on a grievance is deemed to be a decision of the board in respect of the grievance, and the decision must be signed by the chairperson of the board. Decision where majority cannot agree (4) If a majority of members of the board of adjudication cannot agree on the making of a decision, the decision of the chairperson of the board is deemed to be the decision of the board. Decision requiring amendment 229. An adjudicator’s decision may not have the effect of requiring the amendment of a collective agreement or an arbitral award. Determination of reasonableness of opinion 230. In the case of an employee in the core public administration or an employee of a separate agency designated under subsection 209(3), in making a decision in respect of an employee’s individual grievance relating to a �� C. 22 Public Service M termination of employment or demotion for unsatisfactory performance, an adjudicator must determine the termination or demotion to have been for cause if the opinion of the deputy head that the employee’s performance was unsatisfactory is determined by the adjudicator to have been reasonable. Determination of consent requirement 231. An adjudicator seized of a grievance referred to in subparagraph 209(1)(c)(ii) may determine any question relating to whether (a) consent to being deployed was a condition of the employee’s employment; or (b) the employee harassed another person in the course of the employee’s employment. Decision in respect of certain policy grievances 232. If a policy grievance relates to a matter that was or could have been the subject of an individual grievance or a group grievance, an adjudicator’s decision in respect of the policy grievance is limited to one or more of the following: (a) declaring the correct interpretation, application or administration of a collective agreement or an arbitral award; (b) declaring that the collective agreement or arbitral award has been contravened; and (c) requiring the employer or bargaining agent, as the case may be, to interpret, apply or administer the collective agreement or arbitral award in a specified manner. Decisions not to be reviewed by court 233. (1) Every decision of an adjudicator is final and may not be questioned or reviewed in any court. No review by certiorari, etc. (2) No order may be made, process entered or proceeding taken in any court, whether by way of injunction, certiorari, prohibition, quo warranto or otherwise, to question, review, prohibit or restrain an adjudicator in any of the adjudicator’s proceedings under this Part. Filing of order in Federal Court 234. For the purpose of enforcing an adjudicator’s order, any person who was a party to the proceedings that resulted in the order being made may, after the day provided in the order for compliance or, if no such day is provided for, after 30 days have elapsed 2002-2003 Modernisation de la since the day the order was made, file in the Federal Court a copy of the order that is certified to be a true copy, and an order so filed becomes an order of that Court and may be enforced as such. Expenses of Adjudication Aggrieved employee not represented by agent 235. (1) If an aggrieved employee is not represented in the adjudication by a bargaining agent, the costs of the adjudication are to be borne by the Board. Aggrieved employee represented by agent (2) If an aggrieved employee is represented in the adjudication by a bargaining agent, the bargaining agent is liable to pay and must remit to the Board any part of the costs of the adjudication that may be determined by the Executive Director of the Board with the approval of the Board. Recovery (3) Any amount that by subsection (2) is payable to the Board by a bargaining agent may be recovered as a debt due to Her Majesty in right of Canada. The bargaining agent is deemed to be a person for the purposes of this subsection. No Right of Action Disputes relating to employment 236. (1) The right of an employee to seek redress by way of grievance for any dispute relating to his or her terms or conditions of employment is in lieu of any right of action that the employee may have in relation to any act or omission giving rise to the dispute. Application (2) Subsection (1) applies whether or not the employee avails himself or herself of the right to present a grievance in any particular case and whether or not the grievance could be referred to adjudication. Exception (3) Subsection (1) does not apply in respect of an employee of a separate agency that has not been designated under subsection 209(3) if the dispute relates to his or her termination of employment for any reason that does not relate to a breach of discipline or misconduct. �� C. 22 Public Service M Regulations Regulations 237. (1) The Board may make regulations respecting the processes for dealing with grievances, including regulations concerning (a) the manner and form of presenting a grievance and, in the case of group grievances, the form of the consent of the employees concerned; (b) the maximum number of levels in each grievance process; (c) the manner in which employees are to be advised of the names of the persons whose decision on a grievance constitutes a level in the grievance process, including the final level; (d) the time within which a grievance may be presented at any level in a grievance process; (e) the circumstances in which any level below the final level in a grievance process may be eliminated; (f) the manner in which and the time within which a grievance may be referred to adjudication after it has been presented up to and including the final level in the grievance process; (g) the establishment of rules of procedure for the hearing of a grievance; (h) the specification of the time within which and the persons to whom notices and other documents must be sent or given under this Part, and when the notices are deemed to have been sent, given or received; and (i) the manner of giving notice of an issue to the Canadian Human Rights Commission under this Part. Application of regulations (2) Regulations made under subsection (1) respecting individual, group or policy grievances do not apply in respect of employees included in a bargaining unit for which a bargaining agent has been certified by the Board to the extent that the regulations are inconsistent with any provisions contained in a collective agreement entered into by the bargaining agent and the employer applicable to those employees. 2002-2003 Regulations Modernisation de la 238. The Board may make regulations respecting (a) the manner of giving notice under subsection 223(1) and the time for making objections under paragraph 223(2)(c); and (b) the manner in which and the time within which boards of adjudication are to be established. PART 3 OCCUPATIONAL HEALTH AND SAFETY Interpretation Meaning of public service 239. In this Part, ‘‘public service’’ has the same meaning as in subsection 11(1) of the Financial Administration Act. Part II of Canada Labour Code Application to public service 240. Part II of the Canada Labour Code applies to and in respect of the public service and persons employed in it as if the public service were a federal work, undertaking or business referred to in that Part except that, for the purpose of that application, (a) any reference in that Part to (i) ‘‘arbitration’’ is to be read as a reference to adjudication under Part 2, (ii) the ‘‘Board’’ is to be read as a reference to the Public Service Labour Relations Board, (iii) a ‘‘collective agreement’’ is to be read as a reference to a collective agreement within the meaning of subsection 2(1), (iv) ‘‘employee’’ is to be read as a reference to a person employed in the public service, and (v) a ‘‘trade union’’ is to be read as a reference to an employee organization within the meaning of subsection 2(1); (b) section 156 of that Act does not apply in respect of the Public Service Labour Relations Board; and (c) the provisions of this Act apply, with any modifications that the circumstances require, in respect of matters brought before the Public Service Labour Relations Board. ��� C. 22 Public Service M PART 4 GENERAL Defects in Proceedings Defect in form or irregularity 241. (1) No proceeding under this Act is invalid by reason only of a defect in form or a technical irregularity. Grievance process (2) The failure to present a grievance at all required levels in accordance with the applicable grievance process is not a defect in form or a technical irregularity for the purposes of subsection (1). Restriction on Admissibility of Evidence Admissibility 242. Except in the case of a prosecution for perjury, (a) testimony or proceedings before an arbitration board are not admissible in evidence in any court in Canada; and (b) reports of a public interest commission, and testimony or proceedings before a public interest commission, are not admissible in evidence in any court in Canada. Protection Evidence respecting information obtained 243. Members of the Board, members of arbitration boards, members of public interest commissions, mediators, adjudicators, persons seized of referrals under subsection 182(1), persons employed by the Board and persons engaged under subsection 50(1) are not required to give evidence in any civil action, suit or other proceeding respecting information obtained in the discharge of functions under this Act. No disclosure of notes and drafts 244. The following may not be disclosed without the consent of the person who made them: (a) notes or draft orders or decisions of the Board or any of its members or of an adjudicator; 2002-2003 Modernisation de la (b) notes or draft reports of a mediator, a public interest commission or a person authorized or designated by the Board to assist in resolving a complaint or issue in dispute before the Board; and (c) notes or a draft arbitral award of an arbitration board. Criminal or civil proceedings 245. No criminal or civil proceedings lie against a member of the Board, a member of an arbitration board, a member of a public interest commission, a mediator, an adjudicator, a person seized of a referral under subsection 182(1), a person employed by the Board or a person engaged under subsection 50(1) for anything done, reported or said in good faith in the course of the exercise or performance or purported exercise or performance of any power, duty or function under this Act. Oaths and Solemn Affirmations Oath or solemn affirmation 246. Before commencing his or her functions, a person appointed under this Act must take an oath or make a solemn affirmation in the following form before a commissioner of oaths or other person having authority to administer oaths or solemn affirmations: I, ...................., do swear (or solemnly affirm) that I will faithfully, truly and impartially, to the best of my judgment, skill and ability, execute and perform the office of ..................... Remuneration and Expenses Remuneration and expenses 247. (1) Members of arbitration boards, mediators, adjudicators, persons appointed under subsection 53(2) and persons seized of referrals under subsection 182(1) are entitled to be paid the remuneration and expenses that may be fixed by the Governor in Council. Remuneration and expenses (2) Members of public interest commissions are entitled to be paid the remuneration and expenses that may be fixed by the Minister. ��� Party to pay C. 22 Public Service M (3) If a public interest commission consists of three members, the remuneration and expenses to be paid to the member of the commission nominated, or deemed to be nominated, by a party is to be paid by that party. Witness Fees Payment of witness fees 248. A person who is summoned by the Board, an arbitration board, a public interest commission or an adjudicator to attend as a witness at any proceeding under this Act is entitled to receive fees and allowances for so attending equal to those to which the person would be entitled if summoned to attend before the Federal Court. Provision of Facilities and Human Resources Facilities and human resources 249. The Board must provide members of arbitration boards, members of public interest commissions, mediators, adjudicators and persons seized of referrals under subsection 182(1) with the facilities and human resources that it considers necessary to enable them to carry out their functions under this Act. Application of Safety or Security Provisions Application of safety or security provisions 250. (1) Nothing in this Act or any other Act is to be construed as requiring the employer to do or refrain from doing anything that is contrary to any instruction, direction or regulation given or made by or on behalf of the Government of Canada in the interest of the safety or security of Canada or of any state allied or associated with Canada. Order is conclusive proof (2) For the purposes of subsection (1), an order made by the Governor in Council is conclusive proof of the matters stated in it in relation to the giving or making of any instruction, direction or regulation by or on behalf of the Government of Canada in the interest of the safety or security of Canada or any state allied or associated with Canada. 2002-2003 Modernisation de la Annual Report Obligation to prepare 251. (1) As soon as possible after the end of each fiscal year, the Board must prepare and submit to the Minister a report on the administration of this Act during the year. Tabling in Parliament (2) The Minister must cause the report to be tabled in each House of Parliament within the first 15 days on which that House is sitting after he or she receives it. Five-year Review Review 252. Five years after the day on which this section comes into force, the minister designated by the Governor in Council for the purposes of this section must cause a review of this Act and its administration and operation to be conducted, and cause a report on the review to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the review is completed. PART 2 R.S., c. F-11 AMENDMENTS TO THE FINANCIAL ADMINISTRATION ACT 3. Section 3 of the Financial Administration Act is amended by adding the following after subsection (6): Addition to Schedule IV or V (7) The Governor in Council may, by order, add to Schedule IV or V the name of any portion of the federal public administration (a) to which Part I of the Canada Labour Code does not apply; and (b) in respect of which a minister of the Crown, the Treasury Board or the Governor in Council is authorized to establish or approve terms and conditions of employment. Transfers between Schedules IV and V (8) The Governor in Council may, by order, delete the name of any portion of the federal public administration named in Schedule IV or V, in which case the Governor in Council must add the name of that portion to the other one of those two schedules, but the Governor in Council need not do so if that portion (a) no longer has any employees; or ��� C. 22 Public Service M (b) is a corporation that has been excluded from the operation of Part I of the Canada Labour Code. Application of Canada Labour Code (9) The exclusion of a corporation from the operation of Part I of the Canada Labour Code ceases to have effect if the corporation’s name is deleted from Schedule IV or V without a corresponding addition to the other one of those two schedules. 4. The Act is amended by adding the following before section 5: Establishment 1991, c, 24, s. 50 (Sch. II, s. 2)(F) 5. Section 6 of the Act is replaced by the following: Public Officers Duties of President 6. (1) The President of the Treasury Board holds office during pleasure and presides over meetings of the Treasury Board. Secretary of the Treasury Board (2) The Governor in Council may appoint an officer called the Secretary of the Treasury Board to hold office during pleasure, which officer ranks as and has the powers of a deputy head of a department. Comptroller General of Canada (3) The Governor in Council may appoint an officer called the Comptroller General of Canada to hold office during pleasure, which officer ranks as and has the powers of a deputy head of a department. Delegation (4) The Treasury Board may delegate to the President of the Treasury Board, to the Secretary of the Treasury Board, to the Comptroller General of Canada or to the deputy head or chief executive officer of any portion of the federal public administration any of the powers or functions it is authorized to exercise under any Act of Parliament or by any order made by the Governor in Council. It may make the delegation subject to any terms and conditions that it considers appropriate. Exception (5) Subsection (4) does not apply in respect of the Treasury Board’s power to delegate under that subsection or to its power to make regulations. 2002-2003 Modernisation de la Sub-delegation (6) Any person to whom powers or functions are delegated under subsection (4) may, subject to and in accordance with the delegation, sub-delegate any of those powers or functions to any person under their jurisdiction. Officers and employees (7) The other officers and employees that are necessary for the proper conduct of the business of the Treasury Board are to be appointed in the manner authorized by the Public Service Employment Act. Responsibilities and Powers 6. Paragraph 7(1)(e) of the Act is replaced by the following: (e) human resources management in the federal public administration, including the determination of the terms and conditions of employment of persons employed in it; 1996, c. 18, s. 3 7. Subsection 7.1(1) of the English version of the Act is replaced by the following: Group insurance and benefit programs 7.1 (1) The Treasury Board may establish or enter into a contract to acquire group insurance or benefit programs for the federal public administration or any of its portions, may set any terms and conditions in respect of those programs, including those relating to premiums, contributions, benefits, management and control and expenditures to be made from those premiums and contributions and may audit and pay premiums and make contributions in respect of those programs. R.S., c. 9 (1st Supp.), s. 22(1); 1992, c. 54, ss. 81(1) and (3); 1995, c. 44, s. 51; 1996, c. 18, ss. 5 and 6; 1999, c. 31, s. 101(F) 8. Sections 11 and 12 of the Act are replaced by the following: ��� C. 22 Public Service M Human Resources Management Definitions 11. (1) The following definitions apply in this section and sections 11.1 to 13. ‘‘core public administration’’ « administration publique centrale » ‘‘core public administration’’ means the departments named in Schedule I and the other portions of the federal public administration named in Schedule IV. ‘‘deputy head’’ « administrateur général » ‘‘deputy head’’ means (a) in relation to a department named in Schedule I, its deputy minister; (b) in relation to any portion of the federal public administration named in Schedule IV, its chief executive officer or, if there is no chief executive officer, the person who occupies the position designated under subsection (2) in respect of that portion; (c) in relation to a separate agency, its chief executive officer or, if there is no chief executive officer, the person who occupies the position designated under subsection (2) in respect of that separate agency; and (d) in relation to any portion of the federal public administration designated for the purposes of paragraph (d) of the definition ‘‘public service’’, its chief executive officer or, if there is no chief executive officer, the person who occupies the position designated under subsection (2) in respect of that portion. ‘‘public service’’ « fonction publique » ‘‘public service’’ means the several positions in or under (a) the departments named in Schedule I; (b) the other portions of the federal public administration named in Schedule IV; (c) the separate agencies named in Schedule V; and (d) any other portion of the federal public administration that may be designated by the Governor in Council for the purpose of this paragraph. 2002-2003 Modernisation de la ‘‘separate agency’’ « organisme distinct » ‘‘separate agency’’ means a portion of the federal public administration named in Schedule V. Designation of certain deputy heads (2) The Governor in Council may designate any position to be the position of deputy head in respect of (a) any portion of the federal public administration named in Schedule IV or V for which there is no chief executive officer; and (b) each portion of the federal public administration designated for the purpose of paragraph (d) of the definition ‘‘public service’’ in subsection (1) for which there is no chief executive officer. Powers of the Treasury Board 11.1 (1) In the exercise of its human resources management responsibilities under paragraph 7(1)(e), the Treasury Board may (a) determine the human resources requirements of the public service and provide for the allocation and effective utilization of human resources in the public service; (b) provide for the classification of positions and persons employed in the public service; (c) determine and regulate the pay to which persons employed in the public service are entitled for services rendered, the hours of work and leave of those persons and any related matters; (d) determine and regulate the payments that may be made to persons employed in the public service by way of reimbursement for travel or other expenses and by way of allowances in respect of expenses and conditions arising out of their employment; (e) subject to the Employment Equity Act, establish policies and programs with respect to the implementation of employment equity in the public service; (f) establish policies or issue directives respecting the exercise of the powers granted by this Act to deputy heads in the core public administration and the reporting by those deputy heads in respect of the exercise of those powers; ��� C. 22 Public Service M (g) establish policies or issue directives respecting (i) the manner in which deputy heads in the core public administration may deal with grievances under the Public Service Labour Relations Act to which they are a party, and the manner in which they may deal with them if the grievances are referred to adjudication under subsection 209(1) of that Act, and (ii) the reporting by those deputy heads in respect of those grievances; (h) establish policies or issue directives respecting the disclosure by persons employed in the public service of information concerning wrongdoing in the public service and the protection from reprisal of persons who disclose such information in accordance with those policies or directives; (i) establish policies or issue directives respecting the prevention of harassment in the workplace and the resolution of disputes relating to such harassment; and (j) provide for any other matters, including terms and conditions of employment not otherwise specifically provided for in this section, that it considers necessary for effective human resources management in the public service. Limitation (2) The powers of the Treasury Board in relation to any of the matters specified in subsection (1) (a) do not extend to any matter that is expressly determined, fixed, provided for, regulated or established by any Act otherwise than by the conferring of powers in relation to those matters on any authority or person specified in that Act; and (b) do not include or extend to 2002-2003 Modernisation de la (i) any power specifically conferred on the Public Service Commission under the Public Service Employment Act, or (ii) any process of human resources selection required to be used under the Public Service Employment Act or authorized to be used by the Public Service Commission under that Act. Delegation by Governor in Council 11.2 (1) The Governor in Council may delegate to the minister of the Crown responsible for a separate agency, or to its deputy head, any of the powers or functions of the Governor in Council or the Treasury Board in relation to human resources management in that separate agency, subject to any terms and conditions that the Governor in Council directs. Sub-delegation (2) Any person to whom powers or functions are delegated under subsection (1) may, subject to and in accordance with the delegation, sub-delegate any of those powers or functions to any person under their jurisdiction. Powers of deputy heads in core public administration 12. (1) Subject to paragraphs 11.1(1)(f) and (g), every deputy head in the core public administration may, with respect to the portion for which he or she is deputy head, (a) determine the learning, training and development requirements of persons employed in the public service and fix the terms on which the learning, training and development may be carried out; (b) provide for the awards that may be made to persons employed in the public service for outstanding performance of their duties, for other meritorious achievement in relation to their duties or for inventions or practical suggestions for improvements; (c) establish standards of discipline and set penalties, including termination of employment, suspension, demotion to a position at a lower maximum rate of pay and financial penalties; (d) provide for the termination of employment, or the demotion to a position at a lower maximum rate of pay, of persons employed in the public service whose performance, in the opinion of the deputy head, is unsatisfactory; ��� C. 22 Public Service M (e) provide for the termination of employment, or the demotion to a position at a lower maximum rate of pay, of persons employed in the public service for reasons other than breaches of discipline or misconduct; and (f) provide for the termination of employment of persons to whom an offer of employment is made as the result of the transfer of any work, undertaking or business from the core public administration to any body or corporation that is not part of the core public administration. Powers of other deputy heads (2) Subject to any terms and conditions that the Governor in Council may direct, every deputy head of a separate agency, and every deputy head designated under paragraph 11(2)(b), may, with respect to the portion of the federal public administration for which he or she is deputy head, (a) determine the learning, training and development requirements of persons employed in the public service and fixing the terms on which the learning, training and development may be carried out; (b) provide for the awards that may be made to persons employed in the public service for outstanding performance of their duties, for other meritorious achievement in relation to their duties or for inventions or practical suggestions for improvements; (c) establish standards of discipline and set penalties, including termination of employment, suspension, demotion to a position at a lower maximum rate of pay and financial penalties; and (d) provide for the termination of employment, or the demotion to a position at a lower maximum rate of pay, of persons employed in the public service for reasons other than breaches of discipline or misconduct. 2002-2003 Modernisation de la For cause (3) Disciplinary action against, or the termination of employment or the demotion of, any person under paragraph (1)(c), (d) or (e) or (2)(c) or (d) may only be for cause. Limitation 12.1 Section 11.1 and subsection 12(2) apply subject to the provisions of any Act of Parliament, or any regulation, order or other instrument made under the authority of an Act of Parliament, respecting the powers or functions of a separate agency. Delegation by deputy head 12.2 (1) A deputy head may delegate to any person any of the deputy head’s powers or functions in relation to human resources management, subject to any terms and conditions that he or she directs. Sub-delegation (2) Any person to whom powers or functions are delegated under subsection (1) may, subject to and in accordance with the delegation, sub-delegate any of those powers or functions to any other person. National Joint Council agreements 12.3 (1) Despite any other Act of Parliament, if the employment of an employee is terminated under paragraph 12(1)(f), agreements of the National Joint Council, other than agreements of the National Joint Council that are related to work force adjustment, cease to apply to the employee immediately before the termination of employment, unless the termination of employment was the result of the transfer of any work, undertaking or business from the core public administration to any body or corporation that is (a) a separate agency; or (b) another portion of the federal public administration designated by the Governor in Council for the purpose of paragraph (d) of the definition ‘‘public service’’ in subsection 11(1). Accrued benefits (2) Her Majesty in right of Canada, as represented by the Treasury Board, continues to be responsible for any obligation of Her Majesty in respect of benefits arising out of agreements of the National Joint Council that ��� C. 22 Public Service M had accrued to employees of a body or corporation immediately before the date of the transfer referred to in subsection (1). Report 12.4 (1) As soon as possible after the end of each fiscal year, the President of the Treasury Board must prepare and cause to be laid before each House of Parliament a report concerning the administration of sections 11 to 12.3 in that year in respect of the core public administration and every portion of the federal public administration designated for the purpose of paragraph (d) of the definition ‘‘public service’’ in subsection 11(1). Consolidation of reports (2) The President of the Treasury Board may, in respect of any fiscal year, prepare a single report concerning the matters referred to in subsection (1) and those referred to in subsections 21(1) and (2) of the Employment Equity Act if he or she considers it appropriate to do so. 9. (1) Subsection 13(1) of the English version of the Act is replaced by the following: Right or power of Governor in Council not affected 13. (1) Subject to subsection (2), nothing in this Act or any other Act of Parliament is to be construed as limiting or affecting the right or power of the Governor in Council to suspend or dismiss, on the basis of a security assessment, any person employed in the public service. (2) Subsection 13(2) of the Act is replaced by the following: Restriction (2) If a person has made a complaint with respect to a security assessment to the Security Intelligence Review Committee established by subsection 34(1) of the Canadian Security Intelligence Service Act, that person may not be dismissed by the Governor in Council until after the completion of the investigation in relation to that complaint. 10. Schedule I to the Act is amended by replacing the section reference after the heading ‘‘SCHEDULE I’’ with the following: 2002-2003 Modernisation de la (Sections 2 and 11) 11. The Act is amended by adding, after Schedule III, the schedules set out in Schedule 1 to this Act. PART 3 PUBLIC SERVICE EMPLOYMENT ACT DIVISION 1 ENACTMENT OF ACT 12. The Public Service Employment Act is enacted as follows: An Act respecting employment in the public service Preamble Recognizing that the public service has contributed to the building of Canada, and will continue to do so in the future while delivering services of highest quality to the public; Canada will continue to benefit from a public service that is based on merit and non-partisanship and in which these values are independently safeguarded; Canada will also continue to gain from a public service that strives for excellence, that is representative of Canada’s diversity and that is able to serve the public with integrity and in their official language of choice; the public service, whose members are drawn from across the country, reflects a myriad of backgrounds, skills and professions that are a unique resource for Canada; authority to make appointments to and within the public service has been vested in the Public Service Commission, which can delegate this authority to deputy heads; those to whom this appointment authority is delegated must exercise it within a framework that ensures that they are accountable for its proper use to the Commission, which in turn is accountable to Parliament; delegation of staffing authority should be to as low a level as possible within the public service, and should afford public service managers the flexibility necessary to staff, to manage ��� C. 22 Public Service M and to lead their personnel to achieve results for Canadians; and the Government of Canada is committed to a public service that embodies linguistic duality and that is characterized by fair, transparent employment practices, respect for employees, effective dialogue, and recourse aimed at resolving appointment issues; NOW, THEREFORE, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: SHORT TITLE Short title 1. This Act may be cited as the Public Service Employment Act. INTERPRETATION Definitions 2. (1) The following definitions apply in this Act. ‘‘Commission’’ « Commission » ‘‘Commission’’ means the Public Service Commission continued by subsection 4(1). ‘‘department’’ « ministère » ‘‘department’’ means (a) an organization named in Schedule I to the Financial Administration Act; (b) any other organization that is designated by the Governor in Council as a department for the purposes of this Act; or (c) any part of any organization that is designated by the Governor in Council as a department for the purposes of this Act. ‘‘deployment’’ « mutation » ‘‘deployment’’ means the transfer of a person from one position to another in accordance with Part 3. ‘‘deputy head’’ « administrateur général » ‘‘deputy head’’ means 2002-2003 Modernisation de la (a) in relation to an organization named in Schedule I to the Financial Administration Act, its deputy minister; (b) in relation to any organization or part of an organization that is designated as a department under this Act, the person that the Governor in Council designates as the deputy head for the purposes of this Act; and (c) in relation to any organization named in Schedule IV or V to the Financial Administration Act to which the Commission has the exclusive authority to make appointments, its chief executive officer or, if there is no chief executive officer, the person designated by the Governor in Council as its deputy head for the purposes of this Act. ‘‘employee’’ « fonctionnaire » ‘‘employee’’ means a person employed in that part of the public service to which the Commission has exclusive authority to make appointments. ‘‘employer’’ « employeur » ‘‘employer’’ means (a) the Treasury Board, in relation to an organization named in Schedule I or IV to the Financial Administration Act; or (b) in relation to a separate agency to which the Commission has exclusive authority to make appointments, that separate agency. ‘‘external appointment process’’ « processus de nomination externe » ‘‘external appointment process’’ means a process for making one or more appointments in which persons may be considered whether or not they are employed in the public service. ‘‘internal appointment process’’ « processus de nomination interne » ‘‘internal appointment process’’ means a process for making one or more appointments in which only persons employed in the public service may be considered. ‘‘minister’’ « ministre » ‘‘minister’’, except in section 131, means any minister referred to in section 4 of the Salaries Act and any minister of State referred to in the Ministries and Ministers of State Act. ‘‘organization’’ « administration » ‘‘organization’’ means any portion of the federal public administration named in Schedule I, IV or V to the Financial Administration Act. ��� ‘‘public service’’ « fonction publique » C. 22 Public Service M ‘‘public service’’ means the several positions in or under (a) the departments named in Schedule I to the Financial Administration Act; (b) the organizations named in Schedule IV to that Act; and (c) the separate agencies named in Schedule V to that Act. ‘‘separate agency’’ « organisme distinct » ‘‘separate agency’’ means an organization named in Schedule V to the Financial Administration Act. ‘‘Tribunal’’ « Tribunal » ‘‘Tribunal’’ means the Public Service Staffing Tribunal continued by subsection 88(1). References to deputy head (2) In this Act, unless the context otherwise requires, (a) a reference to a deputy head in relation to an employee shall be construed as a reference to the deputy head of the department or other organization, as the case may be, in which the employee is employed; and (b) a reference to a deputy head in relation to an appointment shall be construed as a reference to the deputy head of the department or other organization, as the case may be, in which the appointment is made. References to occupational groups (3) A reference in this Act to an occupational group shall be construed as a reference to a group or subgroup of employees defined by the employer, and a reference to the executive group shall be construed as a reference to an occupational group or subgroup designated by the employer and consisting of management personnel. 2002-2003 Modernisation de la References to abuse of authority (4) For greater certainty, a reference in this Act to abuse of authority shall be construed as including bad faith and personal favouritism. Descriptive cross-references 3. If, in any provision of this Act, a reference to another provision of this Act is followed by words in parentheses that are descriptive of the subject-matter of the provision referred to, the words in parentheses form no part of the provision in which they occur and are deemed to have been inserted for convenience of reference only. PART 1 PUBLIC SERVICE COMMISSION, DEPUTY HEADS AND EMPLOYER Commission Commission continued 4. (1) The Public Service Commission is continued, consisting of a President and two or more other Commissioners. Eligibility (2) In order to be eligible to hold office as a Commissioner, a person must be a Canadian citizen within the meaning of the Citizenship Act or a permanent resident within the meaning of the Immigration and Refugee Protection Act. Full-time or part-time (3) The President shall serve on a full-time basis and the other Commissioners on a part-time basis. Other employment or activities (4) Commissioners shall not accept or hold any office or employment, or carry on any activity, that is inconsistent with their functions, and the President shall devote the whole of his or her time to the performance of the President’s functions. Appointment of Commissioners (5) The President and other Commissioners shall be appointed by the Governor in Council. The appointment of the President shall be made by commission under the Great Seal, after approval by resolution of the Senate and House of Commons. Tenure and term of office (6) A Commissioner holds office during good behaviour for a term of seven years, but may be removed by the Governor in Council at any time on address of the Senate and House of Commons. ��� C. 22 Public Service M Re-appointment (7) A Commissioner, on the expiration of a first or any subsequent term of office, is eligible to be re-appointed for a further term not exceeding seven years. Oath or affirmation (8) Before commencing his or her functions, a Commissioner shall take an oath or make a solemn affirmation in the following form before the Clerk of the Privy Council or the person designated by the Clerk: I, ...................., do swear (or solemnly affirm) that I will faithfully, truly and impartially, to the best of my judgment, skill and ability, execute and perform the office of (Commissioner or President, as the case may be) of the Public Service Commission. (Add, in the case where an oath is taken, ‘‘So help me God’’ (or name of deity).) Salaries 5. (1) The Commissioners shall be paid the remuneration determined by the Governor in Council. Expenses (2) The Commissioners are entitled to be paid reasonable travel and other expenses incurred by them in the course of their duties while absent from their ordinary place of residence or, in the case of the President, while absent from his or her ordinary place of work. Application of Public Service Superannuation Act (3) The President is deemed to be employed in the public service for the purposes of the Public Service Superannuation Act. Application of other Acts (4) The Commissioners are deemed to be employed in the federal public administration for the purposes of the Government Employees Compensation Act and regulations made under section 9 of the Aeronautics Act. President 6. (1) The President is the chief executive officer of the Commission. Residence (2) The President shall reside in the National Capital Region as described in the schedule to the National Capital Act or within the distance of it specified by the Governor in Council. Acting President (3) If the President is absent or unable to act or if the office of President is vacant, the minister designated under section 23 may authorize a Commissioner or other qualified person to act as President for a period not exceeding sixty days, and the Governor in 2002-2003 Modernisation de la Council may authorize a Commissioner or other qualified person to act as President for any longer period. Quorum 7. (1) A majority of the Commissioners constitutes a quorum of the Commission. Vacancy (2) A vacancy in the membership of the Commission does not impair the right of the remaining Commissioners to act. Head office 8. The head office of the Commission shall be in the National Capital Region described in the schedule to the National Capital Act. Human resources 9. The Commission may appoint the persons necessary for the proper conduct of its work in the manner authorized by this Act. Experts and advisers 10. (1) The Commission may retain on a temporary basis the services of experts or other persons having technical or special knowledge to assist it in an advisory capacity and, subject to the approval of the Treasury Board, fix their remuneration. Application of Public Service Superannuation Act (2) Persons whose services are retained under subsection (1) are not employed in the public service for the purposes of the Public Service Superannuation Act. Mandate and Functions of Commission Mandate 11. The mandate of the Commission is (a) to appoint, or provide for the appointment of, persons to or from within the public service in accordance with this Act; (b) to conduct investigations and audits in accordance with this Act; and (c) to administer the provisions of this Act relating to political activities of employees and deputy heads. Functions assigned by Governor in Council 12. The Commission shall perform any functions in relation to the public service that are assigned to it by the Governor in Council. Delegation to Commissioners and employees 13. Any power or function of the Commission under this Act, other than under section 20 or 22, may be exercised or performed by any Commissioner or employee of the Commission authorized by the Commission to do so and, if so exercised or performed, is deemed to have been exercised or performed by the Commission. ��� Consultation by Commission C. 22 Public Service M 14. The Commission shall, on request or if it considers consultation necessary or desirable, consult with the employer or any employee organization certified as a bargaining agent under the Public Service Labour Relations Act with respect to policies respecting the manner of making and revoking appointments or with respect to the principles governing lay-offs or priorities for appointment. Delegation by Commission to Deputy Heads Exercise of powers and functions by deputy heads 15. (1) The Commission may authorize a deputy head to exercise or perform, in relation to his or her organization, in the manner and subject to any terms and conditions that the Commission directs, any of the powers and functions of the Commission under this Act, other than its powers under sections 17, 20 and 22, its power to investigate appointments under sections 66 to 69 and its powers under Part 7. Revision or rescission (2) Subject to subsection (3), the Commission may revise or rescind an authorization granted under this section. Revocation of appointments (3) Where the Commission authorizes a deputy head to make appointments pursuant to an internal appointment process, the authorization must include the power to revoke those appointments and to take corrective action whenever the deputy head, after investigation, is satisfied that an error, an omission or improper conduct affected the selection of a person for appointment. Exception (4) In authorizing a deputy head under subsection (3), the Commission is not required to include the authority to revoke appointments or to take corrective action in circumstances referred to in sections 68 and 69. Commission jurisdiction (5) The Commission may not revoke an appointment referred to in subsection (3) or take corrective action in relation to such an appointment except in circumstances referred to in sections 68 and 69. 2002-2003 Modernisation de la Re-appointment on revocation (6) Where the appointment of a person is revoked by a deputy head acting pursuant to subsection (3), the Commission may appoint that person to another position if the Commission is satisfied that the person meets the essential qualifications referred to in paragraph 30(2)(a). Compliance with appointment policies 16. In exercising or performing any of the Commission’s powers and functions pursuant to section 15, a deputy head is subject to any policies established by the Commission under subsection 29(3). Commission Audits Audits by Commission 17. The Commission may conduct audits on any matter within its jurisdiction and on the exercise, by deputy heads, of their authority under subsection 30(2) and may make recommendations to deputy heads. Powers of Commission 18. In conducting an audit, the Commission has all the powers of a commissioner under Part I of the Inquiries Act. Persons acting for Commission 19. (1) The Commission may direct that any audit under section 17 be conducted, in whole or in part, by a Commissioner or any other person. Powers of Commissioner (2) In relation to a matter before a Commissioner under subsection (1), the Commissioner has the powers referred to in section 18. Powers of other persons (3) In relation to a matter before a person other than a Commissioner under subsection (1), the person has the powers referred to in section 18 subject to any limitations specified by the Commission. Exclusions from this Act Exclusion of positions and persons 20. (1) Where the Commission decides that it is neither practicable nor in the best interests of the public service to apply this Act or any of its provisions to any position or person or class of positions or persons, the Commission may, with the approval of the Governor in Council, exclude that position, person or class from the application of this Act or those provisions. ��� C. 22 Public Service M Consultation with employer (2) The Commission shall consult the employer in respect of an exclusion from any provision of this Act whose application is not within the Commission’s jurisdiction. Re-application of provisions to persons or positions (3) The Commission may, with the approval of the Governor in Council, re-apply any of the provisions of this Act to any position or person, or class of positions or persons, excluded pursuant to subsection (1). Regulations of Governor in Council 21. The Governor in Council may, on the recommendation of the Commission, make regulations prescribing how any position or person, or class of positions or persons, excluded under section 20 from the application of this Act or any of its provisions is to be dealt with. Regulations of Commission General regulatory power 22. (1) The Commission may make any regulations that it considers necessary to give effect to the provisions of this Act relating to matters under its jurisdiction. Regulations (2) Without limiting the generality of subsection (1), the Commission may make regulations (a) establishing for any person or class of persons a right to be appointed — in priority to all persons other than those referred to in section 40 and subsections 41(1) to (4) — during the period specified by the Commission, to any position for which the Commission is satisfied that they meet the essential qualifications referred to in paragraph 30(2)(a); (b) determining the order of priority of the rights to appointment established by any regulations made under paragraph (a); (c) respecting appointments on an acting basis and the maximum period for which any such appointments or any class of such appointments may be made, and excluding any such appointments or class from the operation of any or all of the provisions of this Act; (d) for the purpose of facilitating the implementation of employment equity pro2002-2003 Modernisation de la grams developed by an employer or a deputy head, respecting the appointment to or from within the public service of persons belonging to a designated group within the meaning of section 3 of the Employment Equity Act, and excluding any such persons or any group of such persons from the operation of any or all of the provisions of this Act; (e) respecting the appointment of persons within the executive group or to the executive group from within or outside the public service, and excluding any such persons or any class of such persons from the operation of any or all of the provisions of this Act; (f) respecting the disclosure of information obtained in the course of an investigation under this Act; (g) defining ‘‘incumbent-based process’’ for the purposes of subsection 34(1); (h) prescribing the manner in which and the period within which allegations are to be made, and the manner in which investigations are to be conducted under Part 7; and (i) respecting the manner of laying off employees and the manner of selecting employees to be laid off, for the purposes of section 64. Reports — Commission Preparation of report 23. (1) The Commission shall, as soon as possible after the end of each fiscal year, prepare and transmit to the minister designated by the Governor in Council for the purposes of this section a report for that fiscal year in respect of matters under its jurisdiction. Tabling in Parliament (2) The minister to whom the report is transmitted shall cause the report to be laid before each House of Parliament within the first fifteen days on which that House is sitting after the minister receives it. Special reports (3) The Commission may, at any time, make a special report to Parliament referring to and commenting on any matter within the scope of the powers and functions of the Commission where, in the opinion of the Commission, the matter is of such urgency or ��� C. 22 Public Service M importance that a report on it should not be deferred until the time provided for transmission of the next annual report of the Commission. Deputy Heads Delegation by deputy head 24. (1) Subject to subsection (2), a deputy head may authorize any person to exercise or perform any of the powers and functions conferred on the deputy head by this Act. Sub-delegation by deputy head (2) Where the Commission has authorized a deputy head under subsection 15(1) to exercise or perform any of the Commission’s powers and functions, the deputy head may — subject to the Commission’s approval and any terms and conditions specified under that subsection — authorize another person to exercise or perform any of those powers or functions, other than the power to revoke appointments. Acting deputy head 25. In the absence of the deputy head of a department or other organization, the powers and functions of the deputy head may be exercised by the person designated by the deputy head to act in his or her absence or, if no person has been so designated or there is no deputy head, (a) the person designated by the person who, under the Financial Administration Act, is the appropriate Minister with respect to that department or other organization; or (b) any other person designated by the Governor in Council. Regulations and Policies of Employer Regulations of Treasury Board 26. (1) The Treasury Board may, in respect of organizations named in Schedule I or IV to the Financial Administration Act, make regulations (a) respecting deployments; (b) defining the word ‘‘promotion’’ for the purposes of subsection 51(5); (c) establishing periods of probation for the purposes of subsection 61(1) and notice periods for the purposes of subsection 62(1); and 2002-2003 Modernisation de la (d) in respect of any occupational group or part of one, extending or changing to levels the provisions of this Act that apply to positions. Policies of separate agencies (2) A separate agency to which the Commission has exclusive authority to make appointments may make policies for the purposes referred to in subsection (1) in respect of the separate agency. Consultation by employer 27. An employer shall, on request or if it considers consultation necessary or desirable, (a) consult with the Commission, or any employee organization certified as a bargaining agent under the Public Service Labour Relations Act, with respect to regulations made under paragraph 26(1)(b) or (d) or corresponding policies made under subsection 26(2), as the case may be; and (b) consult with any employee organization so certified with respect to regulations made under paragraph 26(1)(a) or (c) or corresponding policies made under subsection 26(2), as the case may be, or with respect to any standards established under subsection 31(1). Annual Report — Treasury Board President of Treasury Board 28. As soon as possible after the end of each fiscal year, the President of the Treasury Board shall prepare a report on the exercise of the Treasury Board’s responsibilities under this Act for that fiscal year, and shall cause the report to be laid before each House of Parliament. PART 2 APPOINTMENTS Authority to Appoint Commission’s exclusive authority 29. (1) Except as provided in this Act, the Commission has the exclusive authority to make appointments, to or from within the public service, of persons for whose appointment there is no authority in or under any other Act of Parliament. ��� C. 22 Public Service M Request of deputy head (2) The Commission’s authority under subsection (1) may only be exercised at the request of the deputy head of the organization to which the appointment is to be made. Commission policies (3) The Commission may establish policies respecting the manner of making and revoking appointments and taking corrective action. Basis of Appointment Appointment on basis of merit 30. (1) Appointments by the Commission to or from within the public service shall be made on the basis of merit and must be free from political influence. Meaning of merit (2) An appointment is made on the basis of merit when (a) the Commission is satisfied that the person to be appointed meets the essential qualifications for the work to be performed, as established by the deputy head, including official language proficiency; and (b) the Commission has regard to (i) any additional qualifications that the deputy head may consider to be an asset for the work to be performed, or for the organization, currently or in the future, (ii) any current or future operational requirements of the organization that may be identified by the deputy head, and (iii) any current or future needs of the organization that may be identified by the deputy head. Needs of public service (3) The current and future needs of the organization referred to in subparagraph (2)(b)(iii) may include current and future needs of the public service, as identified by the employer, that the deputy head determines to be relevant to the organization. Interpretation (4) The Commission is not required to consider more than one person in order for an appointment to be made on the basis of merit. Qualification standards 31. (1) The employer may establish qualification standards, in relation to education, knowledge, experience, occupational certification, language or other qualifications, that 2002-2003 Modernisation de la the employer considers necessary or desirable having regard to the nature of the work to be performed and the present and future needs of the public service. Qualifications (2) The qualifications referred to in paragraph 30(2)(a) and subparagraph 30(2)(b)(i) must meet or exceed any applicable qualification standards established by the employer under subsection (1). Professional development programs 32. In respect of appointments made within the framework of any professional development or apprenticeship program that is offered across departments and other organizations, the qualifications, requirements and needs referred to in subsection 30(2) are established or identified by the Treasury Board with respect to organizations for which the Treasury Board is the employer. Appointment processes 33. In making an appointment, the Commission may use an advertised or non-advertised appointment process. Area of selection 34. (1) For purposes of eligibility in any appointment process, other than an incumbent-based process, the Commission may determine an area of selection by establishing geographic, organizational or occupational criteria or by establishing, as a criterion, belonging to any of the designated groups within the meaning of section 3 of the Employment Equity Act. Designated groups (2) The Commission may establish different geographic, organizational or occupational criteria for designated groups within the meaning of section 3 of the Employment Equity Act than for other persons. Mobility — separate agencies 35. (1) Unless otherwise provided in any other Act, a person employed in a separate agency to which the Commission does not have the exclusive authority to make appointments (a) may participate in an advertised appointment process for which the organizational criterion established under section 34 entitles all employees to be considered, as long as the person meets the other criteria, if any, established under that section; and ��� C. 22 Public Service M (b) has the right to make a complaint under section 77. Mobility — designated organizations (2) A person not otherwise employed in the public service who is employed in any portion of the federal public administration designated under subsection (4) (a) may participate in an advertised appointment process for which the organizational criterion established under section 34 entitles all persons employed in the public service to be considered, as long as the person meets the other criteria, if any, established under that section; and (b) has the right to make a complaint under section 77. Mobility — employees of Tribunal (3) A person employed by the Tribunal under subsection 95(1) may participate in an advertised appointment process for which the organizational criterion established under section 34 entitles all employees to be considered, as long as the person meets the other criteria, if any, established under that section. Designation (4) The Governor in Council may, on the recommendation of the Commission, designate any portion of the federal public administration for the purposes of subsection (2). Revocation (5) The Governor in Council may, on the recommendation of the Commission, revoke any designation under subsection (4). Assessment methods 36. In making an appointment, the Commission may use any assessment method, such as a review of past performance and accomplishments, interviews and examinations, that it considers appropriate to determine whether a person meets the qualifications referred to in paragraph 30(2)(a) and subparagraph 30(2)(b)(i). Language of examination 37. (1) An examination or interview, when conducted for the purpose of assessing qualifications referred to in paragraph 30(2)(a) and subparagraph 30(2)(b)(i), other than language proficiency, shall be conducted in English or French or both at the option of the candidate. 2002-2003 Modernisation de la Testing for language skills (2) An examination or interview, when conducted for the purpose of assessing the qualifications of the candidate in the knowledge and use of English or French or both, or of a third language, shall be conducted in that language or those languages. Exceptions to merit 38. Paragraph 30(2)(b) does not apply in relation to any appointment made under subsection 15(6) (re-appointment on revocation by deputy head), section 40 (priorities — surplus employees), any of subsections 41(1) to (4) (other priorities) or section 73 (re-appointment on revocation by Commission) or 86 (re-appointment following Tribunal order), or under any regulations made pursuant to paragraph 22(2)(a). Preferences, Priorities and Entitlements Preference to veterans and Canadian citizens 39. (1) In an advertised external appointment process, subject to any priorities established under paragraph 22(2)(a) and by sections 40 and 41, any of the following who, in the Commission’s opinion, meet the essential qualifications referred to in paragraph 30(2)(a) shall be appointed ahead of other candidates, in the following order: (a) a person who is in receipt of a pension by reason of war service, within the meaning of the schedule; (b) a veteran or a survivor of a veteran, within the meaning of the schedule; and (c) a Canadian citizen, within the meaning of the Citizenship Act, in any case where a person who is not a Canadian citizen is also a candidate. Application of merit (2) Where the Commission is satisfied that two or more candidates described in any of paragraphs (1)(a) to (c) meet the essential qualifications referred to in paragraph 30(2)(a), paragraph 30(2)(b) applies in the selection of a person from among the candidates described in that paragraph. ��� C. 22 Public Service M Priority — surplus employees 40. Notwithstanding section 41, after a deputy head informs an employee that the employee will be laid off pursuant to subsection 64(1) and before the lay-off becomes effective, the Commission may appoint the employee in priority to all other persons to another position under the deputy head’s jurisdiction if the Commission is satisfied that the employee meets the essential qualifications referred to in paragraph 30(2)(a) and that it is in the best interests of the public service to make the appointment. Priority — persons on leave 41. (1) When an employee on leave of absence is replaced, pursuant to the appointment or deployment of another person for an indeterminate period to the employee’s position, priority for appointment shall be given over all other persons to (a) the employee on leave of absence, for the duration of the leave of absence and a further period of one year; or (b) if the employee on leave of absence returns to his or her position, the person who replaced that employee, for a period of one year after that employee returns to the position. Priority — minister’s staff (2) Priority for appointment over all other persons shall be given to a person employed in the office of a minister, or in the office of a person holding the recognized position of Leader of the Opposition in the Senate or Leader of the Opposition in the House of Commons, for a period of one year after the person ceases to be so employed, if (a) the person was an employee immediately before becoming employed in that office; or (b) while employed in that office the person was found by the Commission, in an advertised external appointment process, to have met the essential qualifications for an appointment to the public service. Priority — minister’s senior staff (3) Priority for appointment, to a position at a level at least equivalent to that of executive assistant to a deputy head, shall be given over all other persons to a person who for at least three years has been employed as the executive assistant, special assistant or private 2002-2003 Modernisation de la secretary in an office referred to in subsection (2) or in any of those capacities successively, for a period of one year after they cease to be employed. Priority — persons laid off (4) Priority for appointment over all other persons shall be given, during the period determined by the Commission, to a person who is laid off pursuant to subsection 64(1). Essential qualifications (5) The priority of a person referred to in any of subsections (1) to (4) applies with respect to any position if the Commission is satisfied that that person meets the essential qualifications referred to in paragraph 30(2)(a). Order of priorities (6) The order of appointment among persons described in subsections (1) to (4) shall follow the order of those subsections, and persons described in each of those subsections shall be appointed in the order determined by the Commission. Failure to appoint person on leave 42. A person who is entitled under subsection 41(1) to be appointed to a position and who is not so appointed in the applicable period provided for in that subsection ceases to be an employee at the end of that period. Non-application of priority provisions 43. Notwithstanding sections 40 and 41 and any regulations made under paragraph 22(2)(a), if the Commission considers that the appointment of a person who has a right to be appointed in priority to other persons under any of those provisions will result in another person having a priority right, the Commission may decide not to apply that provision in that case. Participation in advertised process — lay-offs 44. A person who is laid off under subsection 64(1) is entitled, during any period that the Commission determines for any case or class of cases, to participate in any advertised appointment process for which the person would have been eligible had the person not been laid off. Non-application to term employees 45. Section 40, subsection 41(4) and section 44 do not apply to a person whose employment was for a specified term at the time they were informed that they would be laid off. ��� Deemed lay-off C. 22 Public Service M 46. For the purposes of subsection 41(4) and section 44, a person who, while employed in the public service, does not accept an offer of employment made in the circumstances referred to in paragraph 12(1)(f) of the Financial Administration Act that is a reasonable job offer within the meaning of an agreement respecting work force adjustment or who accepts an offer of employment, made in such circumstances, that is not a reasonable job offer within the meaning of such an agreement, is deemed to be laid off. Informal Discussion and Appointment Informal discussion with employee 47. Where a person is informed by the Commission, at any stage of an internal appointment process, that the person has been eliminated from consideration for appointment, the Commission may, at that person’s request, informally discuss its decision with that person. Persons being considered for appointment 48. (1) After the assessment of candidates is completed in an internal appointment process, the Commission shall, in any manner that it determines, inform the following persons of the name of the person being considered for each appointment: (a) in the case of an advertised internal appointment process, the persons in the area of selection determined under section 34 who participated in that process; and (b) in the case of a non-advertised internal appointment process, the persons in the area of selection determined under section 34. Waiting period (2) For the purposes of internal appointment processes, the Commission shall fix a period, beginning when the persons are informed under subsection (1), during which appointments or proposals for appointment may not be made. Appointment or proposed appointment (3) Following the period referred to in subsection (2), the Commission may appoint a person or propose a person for appointment, whether or not that person is the one previously considered, and the Commission shall so inform the persons who were advised under subsection (1). 2002-2003 Finality of appointments Modernisation de la 49. The Commission’s decision to appoint a person or to propose a person for appointment is final and is not subject to appeal or review except in accordance with this Act. Casual Employment Appointment 50. (1) The Commission may appoint any person as a casual worker to that part of the public service to which the Commission has exclusive authority to make appointments. Maximum period (2) The period of employment of a casual worker may not exceed 90 working days in one calendar year in any particular department or other organization. Application of Act (3) The provisions of this Act, other than this section, do not apply to casual workers. Ineligibility (4) A casual worker is not eligible to be considered for appointment in any internal appointment process. Term appointments (5) This section does not affect the Commission’s authority to appoint a person to or from within the public service, other than on a casual basis, for a specified term of ninety working days or less. PART 3 DEPLOYMENTS Authority of deputy heads to deploy 51. (1) Except as provided in this or any other Act, a deputy head may deploy employees to or within the deputy head’s organization. Deployment from separate agencies (2) Except as provided in this or any other Act, a deputy head may deploy to the deputy head’s organization persons who are employed in a separate agency to which the Commission does not have the exclusive authority to make appointments if the Commission has, after reviewing the staffing program of the separate agency at the agency’s request, approved deployments from it. ��� C. 22 Public Service M Deployment within or between groups (3) A deployment may be made within an occupational group or, unless excluded by regulations under paragraph 26(1)(a), between occupational groups. Treasury Board directives and regulations (4) A deployment to or within an organization named in Schedule I or IV to the Financial Administration Act shall be made in the manner directed by the Treasury Board and in accordance with any regulations of the Treasury Board. Employment status preserved (5) The deployment of a person may not (a) constitute a promotion, within the meaning of regulations of the Treasury Board, in the case of an organization named in Schedule I or IV to the Financial Administration Act, or as determined by the separate agency, in the case of a separate agency to which the Commission has the exclusive authority to make appointments; or (b) change a person’s period of employment from a specified term to indeterminate. Consent to deployment (6) No person may be deployed without his or her consent unless (a) agreement to being deployed is a condition of employment of the person’s current position; or (b) the deputy head of the organization in which the person is employed finds, after investigation, that the person has harrassed another person in the course of his or her employment and the deployment is made within the same organization. Previous position 52. On deployment, a person ceases to be the incumbent of the position to which he or she had previously been appointed or deployed. Deployment not an appointment 53. (1) A deployment is not an appointment within the meaning of this Act. Exceptions to priority rights (2) A deputy head may deploy a person without regard to any other person’s right to be appointed under subsections 41(1) to (4) or any regulations made pursuant to paragraph 22(2)(a). 2002-2003 Modernisation de la PART 4 EMPLOYMENT Oath or affirmation 54. A person appointed or deployed from outside that part of the public service to which the Commission has exclusive authority to make appointments shall take and subscribe an oath or solemn affirmation in the following form: I, ...................., swear (or solemnly affirm) that I will faithfully and honestly fulfil the duties that devolve on me by reason of my employment in the public service of Canada and that I will not, without due authority, disclose or make known any matter that comes to my knowledge by reason of such employment. (Add, in the case where an oath is taken, ‘‘So help me God’’ (or name of deity).) Effective date of appointment or deployment 55. The appointment or deployment of a person from outside that part of the public service to which the Commission has exclusive authority to make appointments takes effect on the later of the date that is agreed to in writing by the deputy head and that person and the date on which the person takes and subscribes the oath or solemn affirmation set out in section 54. Effective date of appointment 56. (1) The appointment of a person from within that part of the public service to which the Commission has exclusive authority to make appointments takes effect on the date agreed to in writing by that person and the deputy head, regardless of the date of their agreement. Effective date of deployment (2) The deployment of a person from within that part of the public service to which the Commission has exclusive authority to make appointments takes effect (a) on the date agreed to in writing by that person and the deputy head, regardless of the date of their agreement; or (b) if the person’s consent to the deployment is not required, on the date fixed by the deputy head. Indeterminate employment 57. Subject to this Act, any other Act and regulations made under this or any other Act, the period of an employee’s employment is indeterminate unless the deputy head has specified a term of employment. ��� C. 22 Public Service M Term appointment or deployment 58. (1) Subject to section 59, an employee whose appointment or deployment is for a specified term ceases to be an employee at the expiration of that term, or of any extension made under subsection (2). Extension by deputy head (2) A deputy head may extend a specified term referred to in subsection (1), and such an extension does not constitute an appointment or a deployment or entitle any person to make a complaint under section 77. Acting appointments (3) This section does not apply in respect of appointments made on an acting basis. Conversion to indeterminate 59. (1) Unless the employee requests otherwise of the deputy head, the period of employment of an employee who is employed for a specified term as a result of an appointment or deployment is converted to indeterminate in the employee’s substantive position, at the end of the cumulative period of employment specified by the employer in circumstances prescribed by the employer. Not an appointment or deployment (2) A conversion under subsection (1) does not constitute an appointment or a deployment or entitle any person to make a complaint under section 77. Rate of pay on appointment 60. The rate of pay on appointment to a position shall be determined by the employer within the scale of rates of pay for that position or for positions of the same occupational nature and level as that position. Probationary period 61. (1) A person appointed from outside the public service is on probation for a period (a) established by regulations of the Treasury Board in respect of the class of employees of which that person is a member, in the case of an organization named in Schedule I or IV to the Financial Administration Act; or (b) determined by a separate agency in respect of the class of employees of which that person is a member, in the case of an organization that is a separate agency to 2002-2003 Modernisation de la which the Commission has exclusive authority to make appointments. Effect of appointment or deployment (2) A period established pursuant to subsection (1) is not terminated by any appointment or deployment made during that period. Termination of employment 62. (1) While an employee is on probation, the deputy head of the organization may notify the employee that his or her employment will be terminated at the end of (a) the notice period established by regulations of the Treasury Board in respect of the class of employees of which that employee is a member, in the case of an organization named in Schedule I or IV to the Financial Administration Act, or (b) the notice period determined by the separate agency in respect of the class of employees of which that employee is a member, in the case of a separate agency to which the Commission has exclusive authority to make appointments, and the employee ceases to be an employee at the end of that notice period. Compensation in lieu of notice (2) Instead of notifying an employee under subsection (1), the deputy head may notify the employee that his or her employment will be terminated on the date specified by the deputy head and that they will be paid an amount equal to the salary they would have been paid during the notice period under that subsection. Resignation 63. An employee may resign from the public service by giving the deputy head notice in writing of his or her intention to resign, and the employee ceases to be an employee on the date specified by the deputy head in writing on accepting the resignation, regardless of the date of the acceptance. Laying off of employees 64. (1) Where the services of an employee are no longer required by reason of lack of work, the discontinuance of a function or the transfer of work or a function outside those portions of the federal public administration named in Schedule I, IV or V to the Financial Administration Act, the deputy head may, in accordance with the regulations of the Commission, lay off the employee, in which case the deputy head shall so advise the employee. ��� C. 22 Public Service M Selection of employees (2) Where the deputy head determines under subsection (1) that some but not all of the employees in any part of the deputy head’s organization will be laid off, the employees to be laid off shall be selected in accordance with the regulations of the Commission. Exception (3) Subsection (1) does not apply where employment is terminated in the circumstances referred to in paragraph 12(1)(f) of the Financial Administration Act. Effect of lay-off (4) An employee ceases to be an employee when the employee is laid off. Complaint to Tribunal re lay-off 65. (1) Where some but not all of the employees in a part of an organization are informed by the deputy head that they will be laid off, any employee selected for lay-off may make a complaint to the Tribunal, in the manner and within the time fixed by the Tribunal’s regulations, that his or her selection constituted an abuse of authority. Limitation (2) No complaint may be made under subsection (1) against the decision to lay off employees, the determination of the part of the organization from which employees will be laid off or the number of employees to be laid off from that part. Right to be heard (3) A complainant, every other employee in the part of the organization referred to in subsection (1), the deputy head and the Commission — or their representatives — are entitled to be heard by the Tribunal. Lay-off set aside (4) Where the Tribunal finds a complaint under subsection (1) to be substantiated, it may set aside the decision of the deputy head to lay off the complainant and order the deputy head to take any corrective action that it considers appropriate, other than the lay-off of any employee. Notice to Canadian Human Rights Commission (5) Where a complaint raises an issue involving the interpretation or application of the Canadian Human Rights Act, the complainant shall, in accordance with the regulations of the Tribunal, notify the Canadian Human Rights Commission of the issue. 2002-2003 Modernisation de la Canadian Human Rights Commission (6) Where the Canadian Human Rights Commission is notified of an issue pursuant to subsection (5), it may make submissions to the Tribunal with respect to that issue. Application of Canadian Human Rights Act (7) In considering whether a complaint is substantiated, the Tribunal may interpret and apply the Canadian Human Rights Act, other than its provisions relating to the right to equal pay for work of equal value. Relief for discrimination (8) Corrective action may include an order for relief in accordance with paragraph 53(2)(e) or subsection 53(3) of the Canadian Human Rights Act. PART 5 INVESTIGATIONS AND COMPLAINTS RELATING TO APPOINTMENTS Investigation of Appointments by Commission External appointments 66. The Commission may investigate any external appointment process and, if it is satisfied that the appointment was not made or proposed to be made on the basis of merit, or that there was an error, an omission or improper conduct that affected the selection of the person appointed or proposed for appointment, the Commission may (a) revoke the appointment or not make the appointment, as the case may be; and (b) take any corrective action that it considers appropriate. Internal appointments — no delegation 67. (1) The Commission may investigate an internal appointment process, other than one conducted by a deputy head acting under subsection 15(1), and, if it is satisfied that there was an error, an omission or improper conduct that affected the selection of the person appointed or proposed for appointment, the Commission may (a) revoke the appointment or not make the appointment, as the case may be; and ��� C. 22 Public Service M (b) take any corrective action that it considers appropriate. Internal appointments — delegation (2) The Commission may, at the request of the deputy head, investigate an internal appointment process that was conducted by a deputy head acting under subsection 15(1), and report its findings to the deputy head and the deputy head may, if satisfied that there was an error, an omission or improper conduct that affected the selection of the person appointed or proposed for appointment, (a) revoke the appointment or not make the appointment, as the case may be; and (b) take any corrective action that he or she considers appropriate. Political influence 68. If it has reason to believe that an appointment or proposed appointment was not free from political influence, the Commission may investigate the appointment process and, if it is satisfied that the appointment or proposed appointment was not free from political influence, the Commission may (a) revoke the appointment or not make the appointment, as the case may be; and (b) take any corrective action that it considers appropriate. Fraud 69. If it has reason to believe that fraud may have occurred in an appointment process, the Commission may investigate the appointment process and, if it is satisfied that fraud has occurred, the Commission may (a) revoke the appointment or not make the appointment, as the case may be; and (b) take any corrective action that it considers appropriate. Powers of Commission 70. (1) In conducting any investigation under this Part, the Commission has all the powers of a commissioner under Part II of the Inquiries Act. Informality (2) An investigation shall be conducted by the Commission as informally and expeditiously as possible. 2002-2003 Modernisation de la Persons acting for Commission 71. (1) The Commission may direct that any investigation under this Part be conducted, in whole or in part, by one or more Commissioners or other persons. Powers of Commissioner (2) A Commissioner directed under subsection (1) has the powers referred to in section 70 in relation to the matter before the Commissioner. Powers of other person (3) Subject to any limitations specified by the Commission, a person directed under subsection (1), other than a Commissioner, has the powers referred to in section 70 in relation to the matter before the person. Right to make submissions 72. Where an investigation is conducted under this Part in relation to a person’s appointment or proposed appointment, that person and the deputy head in relation to the appointment — or their representatives — are entitled to make submissions to the Commission, Commissioner or other person, whichever is conducting the investigation. Re-appointment following revocation 73. Where the appointment of a person is revoked under any of sections 66 to 69, the Commission may appoint that person to another position if the Commission is satisfied that the person meets the essential qualifications referred to in paragraph 30(2)(a). Complaints to Tribunal — Revocation of Appointment Complaint 74. A person whose appointment is revoked by the Commission under subsection 67(1) or by the deputy head under subsection 15(3) or 67(2) may, in the manner and within the period provided by the Tribunal’s regulations, make a complaint to the Tribunal that the revocation was unreasonable. Right to be heard 75. Where a complaint is made under section 74, the complainant, the deputy head and the Commission — or their representatives — are entitled to be heard by the Tribunal. Revocation set aside 76. Where the Tribunal finds a complaint under section 74 to be substantiated, it may order the Commission or the deputy head, as the case may be, to set aside the revocation. ��� C. 22 Public Service M Complaints to Tribunal — Internal Appointments Grounds of complaint 77. (1) When the Commission has made or proposed an appointment in an internal appointment process, a person in the area of recourse referred to in subsection (2) may — in the manner and within the period provided by the Tribunal’s regulations — make a complaint to the Tribunal that he or she was not appointed or proposed for appointment by reason of (a) an abuse of authority by the Commission or the deputy head in the exercise of its or his or her authority under subsection 30(2); (b) an abuse of authority by the Commission in choosing between an advertised and a non-advertised internal appointment process; or (c) the failure of the Commission to assess the complainant in the official language of his or her choice as required by subsection 37(1). Area of recourse (2) For the purposes of subsection (1), a person is in the area of recourse if the person is (a) an unsuccessful candidate in the area of selection determined under section 34, in the case of an advertised internal appointment process; and (b) any person in the area of selection determined under section 34, in the case of a non-advertised internal appointment process. Excluded grounds (3) The Tribunal may not consider an allegation that fraud occurred in an appointment process or that an appointment or proposed appointment was not free from political influence. Notice to Canadian Human Rights Commission 78. Where a complaint raises an issue involving the interpretation or application of the Canadian Human Rights Act, the complainant shall, in accordance with the regulations of the Tribunal, notify the Canadian Human Rights Commission of the issue. 2002-2003 Modernisation de la Right to be heard 79. (1) A person making a complaint under section 77, the person appointed or proposed for appointment, the deputy head and the Commission — or their representatives — are entitled to be heard by the Tribunal. Canadian Human Rights Commission (2) Where the Canadian Human Rights Commission is notified of an issue pursuant to section 78, it may make submissions to the Tribunal with respect to that issue. Application of Canadian Human Rights Act 80. In considering whether a complaint under section 77 is substantiated, the Tribunal may interpret and apply the Canadian Human Rights Act, other than its provisions relating to the right to equal pay for work of equal value. Corrective action when complaint upheld 81. (1) If the Tribunal finds a complaint under section 77 to be substantiated, the Tribunal may order the Commission or the deputy head to revoke the appointment or not to make the appointment, as the case may be, and to take any corrective action that the Tribunal considers appropriate. Relief for discrimination (2) Corrective action taken under subsection (1) may include an order for relief in accordance with paragraph 53(2)(e) or subsection 53(3) of the Canadian Human Rights Act. Restrictions 82. The Tribunal may not order the Commission to make an appointment or to conduct a new appointment process. Failure of corrective action 83. Where the Commission has made or proposed an appointment as a result of the implementation of corrective action ordered under section 81, a complaint may be made to the Tribunal, in the manner and within the period provided by its regulations, by (a) the person who made the complaint under section 77, (b) the person who was the subject of the appointment or proposed appointment referred to in subsection 77(1), or (c) any other person directly affected by the implementation of the corrective action, ��� C. 22 Public Service M on the grounds that the person was not appointed or proposed for appointment by reason of an abuse of authority by the Commission or deputy head in the implementation of the corrective action. Powers of Tribunal 84. Where the Tribunal finds a complaint under section 83 to be substantiated, it may (a) order the Commission or the deputy head to revoke the appointment made as a result of the implementation of the corrective action, or not to make the appointment, as the case may be; and (b) give the Commission or the deputy head any directions that it considers appropriate with respect to the implementation of the corrective action. Right to be heard 85. In the consideration of a complaint made under section 83, the persons entitled to be heard by the Tribunal are the persons entitled to make a complaint under that section in respect of the corrective action, the person appointed or proposed for appointment as a result of the corrective action, the deputy head and the Commission, or their representatives. Appointment to other position 86. Where the appointment of a person is revoked pursuant to subsection 81(1), the Commission may appoint that person to another position if the Commission is satisfied that the person meets the essential qualifications referred to in paragraph 30(2)(a). Where no right to complain 87. No complaint may be made under section 77 in respect of an appointment under subsection 15(6) (re-appointment on revocation by deputy head), section 40 (priorities — surplus employees), any of subsections 41(1) to (4) (other priorities) or section 73 (re-appointment on revocation by Commission) or 86 (re-appointment following Tribunal order), or under any regulations made pursuant to paragraph 22(2)(a). 2002-2003 Modernisation de la PART 6 PUBLIC SERVICE STAFFING TRIBUNAL Composition and Mandate Tribunal continued 88. (1) The Public Service Staffing Tribunal is continued, consisting of between five and seven permanent members appointed by the Governor in Council and any temporary members that are appointed under section 90. Mandate (2) The mandate of the Tribunal is to consider and dispose of complaints made under subsection 65(1) and sections 74, 77 and 83. Eligibility (3) In order to be eligible to hold office as a member, a person must (a) be a Canadian citizen within the meaning of the Citizenship Act or a permanent resident within the meaning of the Immigration and Refugee Protection Act; and (b) have knowledge of or experience in employment matters in the public sector. Full-time or part-time (4) Members shall be appointed on a full-time or part-time basis. Chairperson and Vice-Chairperson (5) The Governor in Council shall designate a full-time permanent member to be Chairperson of the Tribunal and a full-time or part-time permanent member to be its Vice-Chairperson. Residence of Chairperson (6) The Chairperson shall reside in the National Capital Region as described in the schedule to the National Capital Act or within the distance of it specified by the Governor in Council. Tenure 89. (1) A permanent member of the Tribunal holds office during good behaviour for a term not exceeding five years, but may be removed for cause by the Governor in Council. Reappointment (2) A permanent member is eligible to be reappointed. Temporary members 90. (1) The Governor in Council may appoint temporary members of the Tribunal whenever, in the Governor in Council’s opinion, the workload of the Tribunal so requires. ��� C. 22 Public Service M Tenure (2) A temporary member of the Tribunal holds office during good behaviour for a term not exceeding two years, but may be removed for cause by the Governor in Council. Reappointment (3) A temporary member is eligible to be reappointed. Carrying out functions 91. Members shall not accept or hold any office or employment or carry on any activity inconsistent with their functions, and full-time members shall devote the whole of their time to the performance of their functions. Remuneration 92. (1) A member shall be paid the remuneration fixed by the Governor in Council. Expenses (2) Members are entitled to be paid reasonable travel and other expenses incurred by them in the course of their duties while absent from, in the case of full-time members, their ordinary place of work and, in the case of part-time members, their ordinary place of residence. Application of Public Service Superannuation Act (3) Full-time members are deemed to be employed in the public service for the purposes of the Public Service Superannuation Act. Application of other Acts (4) All members are deemed to be employed in the federal public administration for the purposes of the Government Employees Compensation Act and regulations made under section 9 of the Aeronautics Act. Offices 93. (1) The head office of the Tribunal shall be in the National Capital Region described in the schedule to the National Capital Act and the Tribunal may, with the approval of the Governor in Council, establish any regional offices that it considers necessary to carry out its mandate. Services and facilities (2) In executing its mandate, the Tribunal may use any services and facilities of departments, boards and agencies of the Government of Canada that are appropriate for the operation of the Tribunal. 2002-2003 Modernisation de la Chief executive officer 94. (1) The Chairperson of the Tribunal is its chief executive officer and has supervision over and direction of the work of the Tribunal, including the assignment of complaints to members and the determination of the date, time and place of hearings. Delegation by Chairperson (2) The Chairperson may authorize the Vice-Chairperson to exercise any of the Chairperson’s powers or perform any of the Chairperson’s functions. Absence of Chairperson (3) If the Chairperson is absent or unable to act or the office of Chairperson is vacant, the Vice-Chairperson shall act as the Chairperson and, while so acting, has all the powers and shall perform all the duties of the Chairperson. Acting Chairperson (4) If both the Chairperson and the ViceChairperson are absent or unable to act or if both of their offices are vacant, the minister designated under section 110 may authorize a permanent member or other qualified person to act as Chairperson for a period not exceeding 60 days and the Governor in Council may authorize a permanent member or other qualified person to act as Chairperson for any longer period. Human resources 95. (1) The Chairperson may employ persons for the proper conduct of the Tribunal’s work, fix their period of employment, establish their probationary periods, reject them on probation and lay them off. Experts and advisers (2) The Chairperson may retain on a temporary basis the services of mediators and other experts or persons having technical or special knowledge to assist the Tribunal in an advisory capacity and, subject to the approval of the Treasury Board, fix their remuneration. Application of Public Service Superannuation Act (3) Persons retained under subsection (2) are not employed in the public service for the purposes of the Public Service Superannuation Act. Political activities 96. Part 7 applies to persons employed by the Tribunal as if they were employees as defined in subsection 2(1). ��� C. 22 Public Service M Complaint Procedure Mediation services 97. (1) The Tribunal may provide mediation services at any stage of a proceeding in order to resolve a complaint. Member as mediator (2) The provision of mediation services by a member at any stage of hearing a complaint does not prevent that member from continuing to hear the complaint with respect to any issues that have not been resolved, unless the Commission or any person entitled to be heard objects to that member continuing. Hearing by single member 98. (1) A complaint shall be determined by a single member of the Tribunal, who shall proceed as informally and expeditiously as possible. Decision of member (2) A decision made by a member is a decision of the Tribunal. Powers of Tribunal 99. (1) The Tribunal has, in relation to a complaint, the power to (a) summon and enforce the attendance of witnesses and compel them to give oral or written evidence on oath in the same manner and to the same extent as a superior court of record; (b) order that a hearing be conducted using any means of telecommunication that permits all persons participating to communicate adequately with each other; (c) administer oaths and solemn affirmations; (d) accept any evidence, whether admissible in a court of law or not; (e) compel, at any stage of a proceeding, any person to produce any documents and things that may be relevant; and (f) subject to any limitations that the Governor in Council may establish in the interests of defence or security, enter any premises of an employer where work is being or has been done by employees, inspect and view any work, material, machinery, appliances or articles in the premises and require any person in the premises to answer all proper questions relating to the complaint. 2002-2003 Modernisation de la Dismissing complaint (2) The Tribunal may summarily dismiss any complaint that, in its opinion, is frivolous or vexatious. Decision without oral hearing (3) The Tribunal may decide a complaint without holding an oral hearing. Former member continuing to act 100. At any time within eight weeks after a person resigns or otherwise ceases to hold office as a member of the Tribunal, the person may, at the request of the Chairperson, dispose of any matter previously heard by that person and, for that purpose, the person is deemed to be a part-time member. Copy of decision provided 101. The Tribunal shall render a decision on a complaint made under subsection 65(1) or section 74, 77 or 83 and provide a copy of it — including any written reasons — and any accompanying order to the Commission and to each person who exercised the right to be heard on the complaint. Decisions final 102. (1) Every decision of the Tribunal is final and may not be questioned or reviewed in any court. No review by certiorari, etc. (2) No order may be made, process entered or proceeding taken in any court, whether by way of injunction, certiorari, prohibition, quo warranto or otherwise, to question, review, prohibit or restrain the Tribunal in relation to a complaint. Filing of order in Federal Court 103. (1) The Commission or any person to whom an order of the Tribunal applies may, after the day specified for compliance or, if no such day is specified in the order, not sooner than 30 days after the day the order was made, file in the Federal Court a certified true copy of the order. Effect of filing (2) On the filing of an order, it becomes an order of the Federal Court and may be enforced as such. ��� C. 22 Public Service M General Members not compellable as witnesses 104. Members of the Tribunal, persons employed by the Tribunal and persons retained under subsection 95(2) are not competent or compellable to appear as a witness in any civil proceedings respecting information obtained in the discharge of their functions. Notes and drafts not to be disclosed 105. None of the following may be disclosed without the consent of the person who made them: (a) notes or draft orders or decisions of the members of the Tribunal; and (b) notes of any person providing mediation services under this Part. Immunity from proceedings 106. No criminal or civil proceedings lie against a member of the Tribunal, or any person acting on behalf of the Tribunal for anything done or omitted to be done by that member or that person in good faith under this Part. Oath or affirmation 107. Before commencing his or her functions, a person appointed as a member of the Tribunal shall take an oath or make a solemn affirmation in the following form before a commissioner of oaths or other person having authority to administer oaths or solemn affirmations: I, ...................., do swear (or solemnly affirm) that I will faithfully, truly and impartially, to the best of my judgement, skill and ability, execute and perform the office of member (or Chairperson or Vice-Chairperson) of the Public Service Staffing Tribunal. (Add, in the case where an oath is taken, ‘‘So help me God’’ (or name of deity).) Payment of witness fees 108. A person who is summoned by a member of the Tribunal to attend as a witness at any proceeding of the Tribunal is entitled to receive fees and allowances for so attending equal to those to which the person would be entitled if summoned to attend before the Federal Court. 2002-2003 Modernisation de la Regulations and Report Regulations of Tribunal 109. The Tribunal may make regulations respecting (a) the manner in which and the time within which a complaint may be made under subsection 65(1) or section 74, 77 or 83; (b) the procedure for the hearing of complaints by the Tribunal; (c) the time within which, and the persons to whom, notices and other documents must be given in relation to complaints and when the notices are deemed to have been sent, given or received; (d) the manner of giving notice of an issue to the Canadian Human Rights Commission under subsection 65(5) or section 78; and (e) the disclosure of information obtained in the course of an appointment process or a complaint proceeding under this Act. Annual report 110. (1) The Chairperson shall, as soon as possible after the end of each fiscal year, prepare and transmit to the minister designated by the Governor in Council for the purposes of this section a report for that fiscal year in respect of matters under the Tribunal’s jurisdiction. Tabling in Parliament (2) The minister to whom the report is transmitted shall cause the report to be laid before each House of Parliament within the first fifteen days on which that House is sitting after the minister receives it. PART 7 POLITICAL ACTIVITIES Interpretation Definitions 111. (1) The following definitions apply in this Part. ‘‘election’’ « élection » ‘‘election’’ means a federal, provincial, territorial or municipal election. ‘‘federal election’’ « élection fédérale » ‘‘federal election’’ means an election to the House of Commons. ‘‘municipal election’’ « élection municipale » ‘‘municipal election’’ means an election as the mayor or a member of the council of a municipality. ��� ‘‘municipality’’ « municipalité » C. 22 Public Service M ‘‘municipality’’ means (a) an incorporated or unincorporated regional municipality, city, town, village, rural municipality, township, county, district or other municipality, however designated; or (b) any other local or regional authority that is determined by the Governor in Council to be a municipality for the purposes of this Part. ‘‘political activity’’ « activité politique » ‘‘political activity’’ means (a) carrying on any activity in support of, within or in opposition to a political party; (b) carrying on any activity in support of or in opposition to a candidate before or during an election period ; or (c) seeking nomination as or being a candidate in an election before or during the election period . ‘‘provincial election’’ « élection provinciale » ‘‘provincial election’’ means an election to the legislature of a province. ‘‘territorial election’’ « élection territoriale » ‘‘territorial election’’ means an election to the Council of the Yukon or the Northwest Territories or the Legislative Assembly of Nunavut. Meaning of ‘‘deputy head’’ (2) For the purposes of this Part, ‘‘deputy head’’ includes a Commissioner appointed under subsection 4(5) and the Chairperson of the Tribunal designated under subsection 88(5). Purpose of Part Purpose 112. The purpose of this Part is to recognize the right of employees to engage in political activities while maintaining the principle of political impartiality in the public service. 2002-2003 Modernisation de la Employees Permitted activities 113. (1) An employee may engage in any political activity so long as it does not impair, or is not perceived as impairing, the employee’s ability to perform his or her duties in a politically impartial manner. Regulations (2) The Governor in Council may, on the recommendation of the Commission, make regulations specifying political activities that are deemed to impair the ability of an employee, or any class of employees, to perform their duties in a politically impartial manner. Factors (3) In making regulations, the Governor in Council may take into consideration factors such as the nature of the political activity and the nature of the duties of an employee or class of employees and the level and visibility of their positions. Seeking candidacy 114. (1) An employee may seek nomination as a candidate in a federal, provincial or territorial election before or during the election period only if the employee has requested and obtained permission from the Commission to do so . Being a candidate before election period (2) An employee may, before the election period, be a candidate in a federal, provincial or territorial election only if the employee has requested and obtained permission from the Commission to do so. Being a candidate during election period (3) An employee may, during the election period, be a candidate in a federal, provincial or territorial election only if the employee has requested and obtained a leave of absence without pay from the Commission. Granting of permission (4) The Commission may grant permission for the purpose of subsection (1) or (2) only if it is satisfied that the employee’s ability to perform his or her duties in a politically impartial manner will not be impaired or perceived to be impaired. Granting of leave (5) The Commission may grant leave for the purpose of subsection (3) only if it is satisfied that being a candidate during the election period will not impair or be perceived ��� C. 22 Public Service M as impairing the employee’s ability to perform his or her duties in a politically impartial manner. Factors (6) In deciding whether seeking nomination as, or being, a candidate will impair or be perceived as impairing the employee’s ability to perform his or her duties in a politically impartial manner, the Commission may take into consideration factors such as the nature of the election, the nature of the employee’s duties and the level and visibility of the employee’s position. Conditions (7) The Commission may make permission under subsection (4) conditional on the employee taking a leave of absence without pay for the period or any part of the period in which he or she seeks nomination as a candidate, or for the period or any part of the period in which he or she is a candidate before the election period, as the case may be. Effect of election (8) An employee ceases to be an employee on the day he or she is declared elected in a federal, provincial or territorial election. Candidacy in municipal elections 115. (1) An employee may seek nomination as, or be, a candidate in a municipal election before or during the election period, only if the employee has requested and obtained permission from the Commission to do so. Granting of permission (2) The Commission may grant permission only if it is satisfied that seeking nomination as, or being, a candidate in the election will not impair or be perceived as impairing the employee’s ability to perform his or her duties in a politically impartial manner. Factors (3) In deciding whether seeking nomination as, or being, a candidate will impair or be perceived as impairing the employee’s ability to perform his or her duties in a politically impartial manner, the Commission may take into consideration factors such as the nature of the election, the nature of the employee’s duties and the level and visibility of the employee’s position. 2002-2003 Conditions Modernisation de la (4) The Commission may make permission under this section conditional on (a) the employee taking a leave of absence without pay (i) for the period or any part of the period in which he or she seeks nomination as a candidate, or for the period or any part of the period in which he or she is a candidate before the election period, as the case may be , or (ii) for the period in which he or she is a candidate during the election period; and (b) the employee taking a leave of absence without pay or ceasing to be an employee if he or she is declared elected. Notice 116. On granting an employee permission under subsection 114(4), leave under subsection 114(5) or permission under subsection 115(2), the Commission shall cause notice that it has done so, together with the name of that employee, to be published in the Canada Gazette. Deputy Heads Political activities 117. A deputy head shall not engage in any political activity other than voting in an election. Allegations Investigation and corrective action — employees 118. The Commission may investigate any allegation, in accordance with the regulations, that an employee has failed to comply with any of subsections 113(1), 114(1) to (3) and 115(1) and, if it concludes that the allegation is substantiated, may dismiss the employee or may take any corrective action that it considers appropriate. Investigation and dismissal — deputy head 119. (1) The Commission may investigate any allegation, made to it by a person who is or has been a candidate in an election, that a deputy head has contravened section 117 and, if it concludes that the allegation is substantiated, the Commission shall report its conclusion to the Governor in Council and the Governor in Council may dismiss the deputy head. ��� C. 22 Public Service M Exception (2) Subsection (1) does not apply in respect of any deputy head whose removal from office is expressly provided for by this or any other Act, otherwise than by termination of his or her appointment at pleasure. Powers under Inquiries Act 120. In conducting any investigation under this Part, the Commission has all the powers of a commissioner under Part II of the Inquiries Act. Persons acting for Commission 121. (1) The Commission may direct that any investigation under this Part be conducted, in whole or in part, by one or more Commissioners or other persons. Powers of Commissioner (2) A Commissioner directed under subsection (1) has the powers referred to in section 120 in relation to the matter before the Commissioner. Powers of other person (3) Subject to any limitations specified by the Commission, a person directed under subsection (1), other than a Commissioner, has the powers referred to in section 120 in relation to the matter before the person. Right to be heard 122. A person making an allegation under section 118 or 119 and the employee or deputy head against whom it is made — or their representatives — are entitled to be heard by the Commission, Commissioner or other person, whichever is conducting the investigation. PART 8 GENERAL Application of Act Regulations of Governor in Council 123. (1) The Governor in Council may, notwithstanding any other Act, make regulations applying to any organization or any part of any organization all or any of the provisions of this Act that do not otherwise apply to it. Application of other Acts (2) A regulation made under subsection (1) prevails over the provisions of any other Act or regulations made under any other Act respecting the same matter. 2002-2003 Application of regulations Modernisation de la 124. A regulation made by the Commission, the Treasury Board or the Governor in Council under this Act may be of general application or may apply to a specified person, position, occupational group, organization or part of an organization, or any class of them, or in respect of a specified process or any class of process. Head of Public Service Appointment by Governor in Council 125. The Governor in Council may appoint and fix the remuneration of the Clerk of the Privy Council and Secretary to the Cabinet. Clerk of Privy Council 126. The Clerk of the Privy Council and Secretary to the Cabinet is the head of the public service. Report of head of the public service 127. The head of the public service shall submit a report on the state of the public service in each fiscal year to the Prime Minister, and the Prime Minister shall cause a copy of the report to be laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the Prime Minister receives it. Ministerial Staff Ministerial staff 128. (1) A minister, or a person holding the recognized position of Leader of the Opposition in the House of Commons or Leader of the Opposition in the Senate, may appoint an executive assistant and other persons required in his or her office. Termination of employment (2) A person who is employed in an office referred to in subsection (1) ceases to be so employed thirty days after the person holding a position referred to in subsection (1) ceases to hold that position. Regulations 129. The Governor in Council may make regulations applying all or any of the provisions of this Act to any of the positions of persons appointed by ministers under subsection 128(1). ��� C. 22 Public Service M Public Officials Appointments by Governor in Council 130. The Governor in Council may appoint and fix the remuneration of (a) the Secretary to the Cabinet for FederalProvincial Relations; (b) the Clerk of the Senate; (c) the Clerk of the House of Commons; and (d) the Secretary to the Governor General. Diplomatic Personnel Diplomatic appointments 131. Nothing in this Act shall be construed as affecting the right or authority of Her Majesty to appoint ambassadors, ministers, high commissioners or consuls-general of Canada to another country or to appoint other persons to represent Canada in another country. Block Transfers Transfer of employees 132. (1) Nothing in an order made under the Public Service Rearrangement and Transfer of Duties Act shall be construed as affecting the status of an employee who, immediately before the coming into force of the order, occupied a position in a portion of the core public administration the control or supervision of which has been transferred from one department or other portion of the core public administration to another, or in a department that has been amalgamated and combined, except that the employee shall, on the coming into force of the order, occupy that position in the department or other portion of the core public administration to which the control or supervision has been transferred or in the department as amalgamated and combined. Transfer of other staff (2) Where an order is made under the Public Service Rearrangement and Transfer of Duties Act, the Governor in Council may, by order made on the recommendation of the Treasury Board and where the Governor in Council is of the opinion that an employee or class of employees is carrying out powers, duties or functions that are in whole or in part in support of or related to the powers, duties and functions of employees referred to in subsection (1) and that it is in the best interests 2002-2003 Modernisation de la of the core public administration to do so, declare that the employee or class of employees shall, on the coming into force of the order, occupy their positions in the department or other portion of the core public administration where the employees referred to in subsection (1) are currently occupying their positions. Core public administration (3) For the purposes of this section, the core public administration consists of the departments, as defined in subsection 2(1), and the portions of the federal public administration named in Schedule IV to the Financial Administration Act. Offence Fraud 133. Every person who commits fraud in any appointment process is guilty of an offence punishable on summary conviction. Oaths and Affirmations Authority to administer 134. The Commission or a deputy head may administer oaths and receive affidavits, declarations and solemn affirmations in relation to matters within their respective jurisdictions under this Act. Access to Facilities and Information Access by Commission 135. Deputy heads and employees shall provide the Commission with any facilities, assistance, information and access to their respective offices that the Commission may require for the performance of its duties. Five-year Review Review 136. The minister designated by the Governor in Council for the purposes of this section shall cause a review of this Act and its administration and operation to be conducted five years after this section comes into force, and that minister shall cause a report of the review to be laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the review is completed. ��� Schedule to the Public Service Employment Act C. 22 Public Service M 13. The schedule to the Public Service Employment Act enacted by section 12 of this Act is set out in Schedule 2 to this Act. DIVISION 2 R.S., c. P-33 AMENDMENTS TO THE PUBLIC SERVICE EMPLOYMENT ACT 1992, c. 54, ss. 3 and 31(E) 14. Sections 3 and 4 of the Public Service Employment Act, being chapter P-33 of the Revised Statutes of Canada, 1985, are replaced by the following: Commission established 3. (1) A commission is established, to be called the Public Service Commission, consisting of a President and two or more other Commissioners. Eligibility (2) In order to be eligible to hold office as a Commissioner, a person must be a Canadian citizen within the meaning of the Citizenship Act or a permanent resident within the meaning of the Immigration and Refugee Protection Act. Full-time or part-time (3) The President shall serve on a full-time basis and the other Commissioners on a part-time basis. Other employment or activities (4) Commissioners shall not accept or hold any office or employment, or carry on any activity, that is inconsistent with their functions, and the President shall devote the whole of his or her time to the performance of the President’s functions. Appointment of Commissioners (5) The President and other Commissioners shall be appointed by the Governor in Council. The appointment of the President shall be made by commission under the Great Seal after approval by resolution of the Senate and House of Commons. Tenure and term of office (6) A Commissioner holds office during good behaviour for a term of seven years, but may be removed by the Governor in Council at any time on address of the Senate and House of Commons. Re-appointment (7) A Commissioner, on the expiration of a first or any subsequent term of office, is eligible to be re-appointed for a further term not exceeding seven years. 2002-2003 Modernisation de la Oath or affirmation (8) Before commencing his or her functions, each Commissioner shall take an oath or make a solemn affirmation in the form set out in Schedule I before the Clerk of the Privy Council or the person designated by the Clerk. Salaries 3.1 (1) The Commissioners shall be paid the remuneration determined by the Governor in Council. Expenses (2) The Commissioners are entitled to be paid reasonable travel and other expenses incurred by them in the course of their duties while absent from their ordinary place of residence or, in the case of the President, while absent from his or her ordinary place of work. Application of Public Service Superannuation Act (3) The President is deemed to be employed in the public service for the purposes of the Public Service Superannuation Act. Application of other Acts (4) The Commissioners are deemed to be employed in the federal public administration for the purposes of the Government Employees Compensation Act and regulations made under section 9 of the Aeronautics Act. President 4. (1) The President is the chief executive officer of the Commission. Residence (2) The President shall reside in the National Capital Region as described in the schedule to the National Capital Act or within the distance of it specified by the Governor in Council. Acting President (3) If the President is absent or unable to act or if the office of President is vacant, the minister designated under subsection 47(1) may authorize a Commissioner or other qualified person to act as President for a period not exceeding sixty days, and the Governor in Council may authorize a Commissioner or other qualified person to act as President for any longer period. Quorum 4.1 (1) A majority of the Commissioners constitutes a quorum of the Commission. Vacancy (2) A vacancy in the membership of the Commission does not impair the right of the remaining Commissioners to act. ��� C. 22 Public Service M Head office 4.2 The head office of the Commission shall be in the National Capital Region described in the schedule to the National Capital Act. Human resources 4.3 The Commission may appoint the persons necessary for the proper conduct of its work in the manner authorized by this Act. Experts and advisers 4.4 (1) The Commission may retain on a temporary basis the services of experts or other persons having technical or special knowledge to assist it in an advisory capacity and, subject to the approval of the Treasury Board, fix their remuneration. Application of Public Service Superannuation Act (2) Persons whose services are retained under subsection (1) are not employed in the public service for the purposes of the Public Service Superannuation Act. 1992, c. 54, s. 6(1) 15. Subsection 6(1) of the Act is replaced by the following: Delegation to deputy head 6. (1) The Commission may authorize a deputy head to exercise and perform, in such manner and subject to such terms and conditions as the Commission directs, any of the powers, functions and duties of the Commission under this Act, other than the powers, functions and duties of the Commission under sections 7.1, 21, 32 to 34, 34.4 and 34.5. 1992, c. 54, s. 8 16. Section 7.4 of the Act is replaced by the following: Powers of boards 7.4 Subject to such restrictions or limitations as the Commission may specify, a board established under subsection 6(3) or 21(1) or 21(1.1) has, in relation to the matter before it, the powers referred to in section 7.2. 1993, c. 28, s. 78 (Sch III, ss. 123 and 124(E)) 17. The heading before section 32 and sections 32 to 34 of the Act are replaced by the following: Political Activities Definitions 32. (1) The following definitions apply in this section and sections 32.1 to 34. ‘‘election’’ « élection » ‘‘election’’ means a federal, provincial, territorial or municipal election. ‘‘federal election’’ « élection fédérale » ‘‘federal election’’ means an election to the House of Commons. 2002-2003 Modernisation de la ‘‘municipal election’’ « élection municipale » ‘‘municipal election’’ means an election as the mayor or a member of the council of a municipality. ‘‘municipality’’ « municipalité » ‘‘municipality’’ means (a) an incorporated or unincorporated regional municipality, city, town, village, rural municipality, township, county, district or other municipality, however designated; or (b) any other local or regional authority that is determined by the Governor in Council to be a municipality for the purposes of this section and sections 32.1 to 34. ‘‘political activity’’ « activité politique » ‘‘political activity’’ means (a) carrying on any activity in support of, within or in opposition to a political party; (b) carrying on any activity in support of or in opposition to a candidate before or during an election period; or (c) seeking nomination as or being a candidate in an election before or during the election period. ‘‘provincial election’’ « élection provinciale » ‘‘provincial election’’ means an election to the legislature of a province. ‘‘territorial election’’ « élection territoriale » ‘‘territorial election’’ means an election to the Council of the Yukon or the Northwest Territories or the Legislative Assembly of Nunavut. Meaning of ‘‘deputy head’’ (2) For the purposes of this section and sections 32.1 to 34, ‘‘deputy head’’ includes a Commissioner appointed under subsection 3(5) and the Chairperson of the Tribunal designated under subsection 49(4). ��� C. 22 Public Service M Purpose 32.1 The purpose of sections 32.2 to 34 is to recognize the right of employees to engage in political activities while maintaining the principle of political impartiality in the public service. Permitted activities 32.2 (1) An employee may engage in any political activity so long as it does not impair, or is not perceived as impairing, the employee’s ability to perform his or her duties in a politically impartial manner. Regulations (2) The Governor in Council may, on the recommendation of the Commission, make regulations specifying the political activities that are deemed to impair the ability of an employee, or any class of employees, to perform their duties in a politically impartial manner. Factors (3) In making a regulation, the Governor in Council may take into consideration factors such as the nature of the political activity and the nature of the duties of an employee or class of employees and the level and visibility of their positions. Seeking candidacy 32.3 (1) An employee may seek nomination as a candidate in a federal, provincial or territorial election before or during the election period only if the employee has requested and obtained permission from the Commission to do so. Being a candidate before election period (2) An employee may, before the election period, be a candidate in a federal, provincial or territorial election only if the employee has requested and obtained permission from the Commission to do so. Being a candidate during election period (3) An employee may, during the election period, be a candidate in a federal, provincial or territorial election only if the employee has requested and obtained a leave of absence without pay from the Commission. Granting of permission (4) The Commission may grant permission for the purpose of subsection (1) or (2) only if it is satisfied that the employee’s ability to perform his or her duties in a politically impartial manner will not be impaired or perceived to be impaired. 2002-2003 Modernisation de la Granting of leave (5) The Commission may grant leave for the purpose of subsection (3) only if it is satisfied that being a candidate during the election period will not impair or be perceived as impairing the employee’s ability to perform his or her duties in a politically impartial manner. Factors (6) In deciding whether seeking nomination as, or being, a candidate will impair or be perceived as impairing the employee’s ability to perform his or her duties in a politically impartial manner, the Commission may take into consideration factors such as the nature of the election, the nature of the employee’s duties and the level and visibility of the employee’s position. Conditions (7) The Commission may make permission under subsection (4) conditional on the employee taking a leave of absence without pay for the period or any part of the period in which he or she seeks nomination as a candidate, or for the period or any part of the period in which he or she is a candidate before the election period, as the case may be. Effect of election (8) An employee ceases to be an employee on the day he or she is declared elected in a federal, provincial or territorial election. Candidacy in municipal elections 33. (1) An employee may seek nomination as, or be, a candidate in a municipal election before or during the election period, only if the employee has requested and obtained permission from the Commission to do so. Granting of permission (2) The Commission may grant permission only if it is satisfied that seeking nomination as, or being, a candidate in the election will not impair or be perceived as impairing the employee’s ability to perform his or her duties in a politically impartial manner. Factors (3) In deciding whether seeking nomination as, or being, a candidate will impair or be perceived as impairing the employee’s ability to perform his or her duties in a politically impartial manner, the Commission may take into consideration factors such as the nature of the election, the nature of the employee’s duties and the level and visibility of the employee’s position. ��� Conditions C. 22 Public Service M (4) The Commission may make permission under this section conditional on (a) the employee taking a leave of absence without pay (i) for the period or any part of the period in which he or she seeks nomination as a candidate, or for the period or any part of the period in which he or she is a candidate before the election period, as the case may be, or (ii) for the period in which he or she is a candidate during the election period; and (b) the employee taking a leave of absence without pay or ceasing to be an employee if he or she is declared elected. Notice 33.1 On granting an employee permission under subsection 32.3(4), leave under subsection 32.3(5) or permission under subsection 33(2), the Commission shall cause notice that it has done so, together with the name of that employee, to be published in the Canada Gazette. Political activities 33.2 A deputy head shall not engage in any political activity other than voting in an election. Investigation and corrective action — employees 33.3 The Commission may investigate any allegation, made to it by a person who is or has been a candidate in an election, that an employee has failed to comply with any of subsections 32.2(1), 32.3(1) to (3) and 33(1) and, if it concludes that the allegation is substantiated, the Commission may dismiss the employee or may take any corrective action that it considers appropriate. Investigation and dismissal — deputy head 33.4 (1) The Commission may investigate any allegation, made to it by a person who is or has been a candidate in an election, that a deputy head has contravened section 33.2 and, if it concludes that the allegation is substantiated, the Commission shall report its conclusion to the Governor in Council and the Governor in Council may dismiss the deputy head. Exception (2) Subsection (1) does not apply in respect of any deputy head whose removal from office is expressly provided for by this or any other Act, otherwise than by termination of his or her appointment at pleasure. 2002-2003 Modernisation de la Powers under Inquiries Act 33.5 In conducting any investigation under this Part, the Commission has all the powers of a commissioner under Part II of the Inquiries Act. Persons acting for Commission 33.6 (1) The Commission may direct that any investigation under this Part be conducted, in whole or in part, by one or more Commissioners or other persons. Powers of Commissioner (2) A Commissioner directed under subsection (1) has the powers referred to in section 33.5 in relation to the matter before the Commissioner. Powers of other person (3) Subject to any limitations specified by the Commission, a person directed under subsection (1), other than a Commissioner, has the powers referred to in section 33.5 in relation to the matter before the person. Right to be heard 34. A person making an allegation under section 33.3 or 33.4 and the employee or deputy head against whom it is made — or their representatives — are entitled to be heard by the Commission, Commissioner or other person, whichever is conducting the investigation. 18. Subsection 36(1) of the Act is amended by adding the word ‘‘and’’ at the end of paragraph (a), by striking out the word ‘‘and’’ at the end of paragraph (b) and by repealing paragraph (c). 19. The Act is amended by adding the following after section 48: PART V PUBLIC SERVICE STAFFING TRIBUNAL Establishment Tribunal established 49. (1) A tribunal is established, to be called the Public Service Staffing Tribunal, consisting of between five and seven permanent members appointed by the Governor in Council and any temporary members that are appointed under section 51. ��� Eligibility C. 22 Public Service M (2) In order to be eligible to hold office as a member, a person must (a) be a Canadian citizen within the meaning of the Citizenship Act or a permanent resident within the meaning of the Immigration and Refugee Protection Act; and (b) have knowledge of or experience in employment matters in the public sector. Full-time or part-time (3) Members shall be appointed on a full-time or part-time basis. Chairperson and Vice-Chairperson (4) The Governor in Council shall designate a full-time permanent member to be Chairperson of the Tribunal and a full-time or part-time permanent member to be its Vice-Chairperson. Residence of Chairperson (5) The Chairperson shall reside in the National Capital Region as described in the schedule to the National Capital Act or within the distance of it specified by the Governor in Council. Oath or affirmation (6) Before commencing his or her functions, a person appointed as a member of the Tribunal shall take an oath or make a solemn affirmation in the following form before a commissioner of oaths or other person having authority to administer oaths or solemn affirmations: I, ...................., do swear (or solemnly affirm) that I will faithfully, truly and impartially, to the best of my judgement, skill and ability, execute and perform the office of member (or Chairperson or Vice-Chairperson) of the Public Service Staffing Tribunal. Tenure 50. (1) A permanent member of the Tribunal holds office during good behaviour for a term not exceeding five years, but may be removed for cause by the Governor in Council. Reappointment (2) A permanent member is eligible to be reappointed. Temporary members 51. (1) The Governor in Council may appoint temporary members of the Tribunal whenever, in the Governor in Council’s opinion, the workload of the Tribunal so requires. 2002-2003 Modernisation de la Tenure (2) A temporary member of the Tribunal holds office during good behaviour for a term not exceeding two years, but may be removed for cause by the Governor in Council. Reappointment (3) A temporary member is eligible to be reappointed. Carrying out functions 52. Members shall not accept or hold any office or employment or carry on any activity inconsistent with their functions, and full-time members shall devote the whole of their time to the performance of their functions. Remuneration 53. (1) A member shall be paid the remuneration fixed by the Governor in Council. Expenses (2) Members are entitled to be paid reasonable travel and other expenses incurred by them in the course of their duties while absent from, in the case of full-time members, their ordinary place of work and, in the case of part-time members, their ordinary place of residence. Application of Public Service Superannuation Act (3) Full-time members are deemed to be employed in the Public Service for the purposes of the Public Service Superannuation Act. Application of other Acts (4) All members are deemed to be employed in the public service of Canada for the purposes of the Government Employees Compensation Act and regulations made under section 9 of the Aeronautics Act. Offices 54. (1) The head office of the Tribunal shall be in the National Capital Region described in the schedule to the National Capital Act and the Tribunal may, with the approval of the Governor in Council, establish any regional offices that it considers necessary to carry out its mandate. Services and facilities (2) In executing its mandate, the Tribunal may use any services and facilities of departments, boards and agencies of the Government of Canada that are appropriate for the operation of the Tribunal. ��� C. 22 Public Service M Chief executive officer 55. (1) The Chairperson of the Tribunal is its chief executive officer and has supervision over and direction of the work of the Tribunal. Delegation by Chairperson (2) The Chairperson may authorize the Vice-Chairperson to exercise any of the Chairperson’s powers or perform any of the Chairperson’s functions. Absence of Chairperson (3) If the Chairperson is absent or unable to act or the office of Chairperson is vacant, the Vice-Chairperson shall act as the Chairperson and, while so acting, has all the powers and shall perform all the duties of the Chairperson. Acting Chairperson (4) If both the Chairperson and the ViceChairperson are absent or unable to act or if both of their offices are vacant, the minister designated by the Governor in Council for the purpose of this section may authorize a permanent member or other qualified person to act as Chairperson for a period not exceeding 60 days and the Governor in Council may authorize a permanent member or other qualified person to act as Chairperson for any longer period. Human resources 56. (1) The Chairperson of the Tribunal may employ persons for the proper conduct of the Tribunal’s work, fix their period of employment, establish their probationary periods, reject them on probation and lay them off. Experts and advisers (2) The Chairperson may retain on a temporary basis the services of mediators and other experts or persons having technical or special knowledge to assist the Tribunal in an advisory capacity and, subject to the approval of the Treasury Board, fix their remuneration. Application of Public Service Superannuation Act (3) Persons retained under subsection (2) are not employed in the Public Service for the purposes of the Public Service Superannuation Act. 20. The Act is amended by adding the following after section 56, as enacted by section 19 of this Act: Political activities 57. Sections 32 to 34 apply to persons employed by the Tribunal as if they were employees as defined in subsection 2(1). 2002-2003 Modernisation de la PART 4 1991, c. 16 AMENDMENTS TO THE CANADIAN CENTRE FOR MANAGEMENT DEVELOPMENT ACT 21. The long title of the Canadian Centre for Management Development Act is replaced by the following: An Act respecting the Canada School of Public Service 22. Section 1 of the Act is replaced by the following: Short title 1. This Act may be cited as the Canada School of Public Service Act. 23. (1) The definitions ‘‘Centre’’ and ‘‘Principal’’ in section 2 of the Act are repealed. (2) The definition ‘‘Board’’ in section 2 of the Act is replaced by the following: ‘‘Board’’ « conseil » ‘‘Board’’ means the Board of Governors of the School constituted by section 7; (3) Section 2 of the Act is amended by adding the following in alphabetical order: ‘‘President’’ « président » ‘‘President’’ means the President of the School appointed under subsection 13(1); ‘‘School’’ « École » ‘‘School’’ means the Canada School of Public Service continued under subsection 3(1). 24. The heading before section 3 and sections 3 and 4 of the Act are replaced by the following: CONTINUATION Continuation 3. (1) The Canadian Centre for Management Development, established by subsection 3(1) of the Canadian Centre for Management Development Act, is continued as a corporation under the name of the Canada School of Public Service. Principal office (2) The principal office of the School shall be in the National Capital Region described in the schedule to the National Capital Act. ��� Crown agent C. 22 Public Service M (3) The School is an agent of Her Majesty in right of Canada. OBJECTS AND POWERS Objects 4. The objects of the School are (a) to encourage pride and excellence in the Public Service and to foster in managers and other Public Service employees a sense of the purposes, values and traditions of the Public Service; (b) to help ensure that those managers have the analytical, creative, advisory, administrative and other managerial skills and knowledge necessary to develop and implement policy, respond to change, including changes in the social, cultural, racial and linguistic character of Canadian society, and manage government programs, services and personnel efficiently, effectively and equitably; (c) to help managers and other Public Service employees to develop successful cooperative relationships at all levels through leadership, motivation, effective internal communications and the encouragement of innovation, high-quality service to the public and skills development; (d) to develop within the Public Service and to attract to the Public Service, through the School’s programs and studies, persons who are of high calibre and who reflect the diversity of Canadian society, and to support their growth and development as public sector managers and employees committed to the service of Canada; (e) to formulate and provide training, orientation and development programs for public sector managers and employees, particularly for those in the Public Service; (f) to assist deputy heads in meeting the learning needs of their organization, including by way of delivering training and development programs; (g) to study and conduct research into the theory and practice of public sector management and public administration; and (h) to encourage a greater awareness in Canada of issues related to public sector 2002-2003 Modernisation de la management, public administration and the role and functions of government and to involve a broad range of individuals and institutions in the School’s pursuit of excellence in public administration. 2001, c. 4, s. 68(1) 25. (1) The portion of section 5 of the Act before paragraph (b) is replaced by the following: Powers 5. In carrying out its objects, the School has the capacity of a natural person and may (a) acquire, manage, maintain, design and operate training, orientation and development programs for public sector managers and employees, particularly for those in the Public Service, and acquire personal and movable property; (2) Paragraph 5(b) of the English version of the Act is replaced by the following: (b) assist departments, boards and agencies of the Government of Canada through programs, studies and documentation developed at the School; (3) Paragraph 5(d) of the Act is replaced by the following: (d) contribute funds for the pursuit of research or other activities related to the theory and practice of public sector management and public administration; (4) Paragraph 5(f) of the Act is replaced by the following: (f) license, sell or otherwise make available any copyright, trade-mark or other similar property right held, controlled or administered by the School; ��� C. 22 Public Service M (5) Paragraph 5(g) of the English version of the Act is replaced by the following: (g) enter into contracts, memoranda of understanding or other arrangements in the name of Her Majesty in right of Canada or in the name of the School; (6) Paragraph 5(i) of the English version of the Act is replaced by the following: (i) do all things necessary or incidental to the attainment of the objects of the School. 26. Sections 6 and 7 of the Act are replaced by the following: Government facilities 6. In carrying out its objects and exercising its powers, the School shall make use of any available services and facilities of departments, boards and agencies of the Government of Canada that are appropriate for the operation of the School. ORGANIZATION Board of Governors 7. The School shall have a Board of Governors composed of not more than fifteen governors, including a Chair and three ex officio governors. 27. Subsection 8(1) of the Act is replaced by the following: Appointment 8. (1) The governors of the School, other than the Chair and ex officio governors, shall be appointed by the Governor in Council to hold office during pleasure for terms not exceeding three years, their terms being staggered so that not more than one half of their terms will expire in any year. 28. Subsection 10(3) of the Act is replaced by the following: Ex officio governors (3) The Secretary of the Treasury Board, the President of the Public Service Commission and the President of the School are ex officio governors. 29. Section 12 of the Act is replaced by the following: Meetings 12. The Board is responsible for the conduct and management of the affairs of the School and shall meet at least twice during each fiscal year at the time and place determined by the Chair. 2002-2003 Modernisation de la 30. The headings before section 13 and sections 13 and 14 of the Act are replaced by the following: OFFICERS AND EMPLOYEES President Appointment 13. (1) The Governor in Council shall, after consultation by the Minister with the Board, appoint an officer, to be called the President of the School, to hold office for a term not exceeding five years, and the President has the rank and status of a deputy minister. Chief executive officer (2) The President is the chief executive officer of the School and has supervision over and direction of the work and staff of the School. Programs and studies (3) In exercising supervision over the School and direction of its programs, the President shall take into consideration the policies of the Government of Canada as well as the learning, training and development needs and priorities of the Public Service as determined by the Treasury Board. Acting President (4) In the event of a vacancy in the office of President, the Board may appoint a senior officer of the School to act as President, but the term of such an appointment shall not exceed ninety days except with the approval of the Governor in Council. Reappointment 14. On the expiration of any term of office, the President is eligible to be reappointed for a further term. 31. (1) Subsections 15(1) and (2) of the Act are replaced by the following: Appointments under Public Service Employment Act 15. (1) The officers and employees necessary for the conduct of the work of the School shall be appointed in accordance with the Public Service Employment Act. Other appointments (2) Despite subsection (1), the President may, on behalf of the School, appoint and employ teaching and research staff and may, with the approval of the Treasury Board, establish the terms and conditions of their employment, including their remuneration. ��� C. 22 Public Service M (2) Subsections 15(3) and (4) of the English version of the Act are replaced by the following: Act not applicable (3) The Public Service Staff Relations Act does not apply to any person employed by the School under subsection (2). Acts and regulations applicable (4) Each person employed by the School under subsection (2) is deemed to be an employee for the purposes of the Government Employees Compensation Act, to be employed in the public service of Canada for the purposes of any regulations made under section 9 of the Aeronautics Act, and to be employed in the Public Service for the purposes of the Public Service Superannuation Act. 2001, c. 4, s. 69(F) 32. Sections 16 to 18 of the Act are replaced by the following: Contracts 16. The President may enter into contracts for the provision of teaching and research services to the School and for other professional services connected with the management of the programs of the School. BY-LAWS Power to make by-laws 17. The Board may make by-laws respecting the conduct and management of the affairs of the School, including the exercise of its powers under section 5, and may by those by-laws establish an executive committee and delegate to that committee any of its powers or functions. FEES Setting amount of fees 18. (1) The Board may, with the approval of the Treasury Board, prescribe the fees or the manner of determining the fees (a) to be charged for any service or for the use of any facility provided by the School; or (b) to be charged by the School when selling, licensing the use of or otherwise making available any copyright, trademark or other similar property right held, controlled or administered by the School. 2002-2003 Offset Modernisation de la (2) Subject to any conditions imposed by the Treasury Board, the revenue from fees received by the School in a fiscal year through the conduct of its operations may be spent by the School for its purposes in that, or the next, fiscal year. 33. The heading before section 19 of the Act is replaced by the following: REVIEW AND REPORT 34. (1) Subsection 19(1) of the Act is replaced by the following: Annual report 19. (1) Within four months after the end of each fiscal year, the Board shall submit to the Minister a report on the operations of the School. (2) Subsection 19(3) of the Act is replaced by the following: Review and report (3) The Board shall, before December 1, 2006 and within every five years after that date, cause a review and report to be made of the activities and organization of the School. 35. Section 20 of the Act and the heading before it are repealed. PART 5 TRANSITIONAL DIVISION 1 TRANSITIONAL PROVISIONS ARISING FROM THE ENACTMENT OF THE PUBLIC SERVICE LABOUR RELATIONS ACT IN PART 1 Interpretation Definitions 36. (1) The following definitions apply in this Division. ‘‘Chairperson’’ « président » ‘‘Chairperson’’ means the Chairperson of the new Board. ‘‘former Act’’ « ancienne loi » ‘‘former Act’’ means the Public Service Staff Relations Act, being chapter P-35 of the Revised Statutes of Canada, 1985. ‘‘former Board’’ « ancienne Commission » ‘‘former Board’’ means the Public Service Staff Relations Board established by section 11 of the former Act. ��� C. 22 Public Service M ‘‘new Act’’ « nouvelle loi » ‘‘new Act’’ means the Public Service Labour Relations Act, enacted by section 2 of this Act. ‘‘new Board’’ « nouvelle Commission » ‘‘new Board’’ means the Public Service Labour Relations Board established by section 12 of the new Act. Meaning of other words (2) Words and expressions used in this Division have the same meaning as in the former Act or the new Act, as the context requires. Public Service Staff Relations Board Certain members continue 37. Each member of the former Board, other than the Deputy Chairpersons, holding office immediately before the day on which section 12 of the new Act comes into force continues to hold office and is deemed to have been appointed under that section to hold office for the remainder of the term for which he or she had been appointed before the coming into force of that section. Deputy Chairpersons 38. The Deputy Chairpersons of the former Board cease to hold office on the day on which section 12 of the new Act comes into force. Transfer of proceedings 39. (1) Subject to this Division, any proceeding that the former Board was seized of immediately before the day on which section 12 of the new Act comes into force is transferred to the new Board to be disposed of in accordance with the new Act. Continuing jurisdiction of Deputy Chairperson (2) A Deputy Chairperson of the former Board may, at the request of the Chairperson, continue to hear, consider or decide any matter that was before the Deputy Chairperson before the day on which section 12 of the new Act comes into force and in respect of which there was any proceeding in which he or she participated. Powers (3) For the purposes of subsection (2), a Deputy Chairperson may exercise any of the powers of a panel of the new Board. 2002-2003 Modernisation de la Refusal to complete duties (4) If a Deputy Chairperson who was a member of a panel refuses to continue to hear, consider or decide any matter referred to in subsection (2), the chairperson of the panel may continue to hear, consider or decide the matter or the Chairperson may remove that matter from the panel and hear, consider or decide that matter or assign a Vice-Chairperson or a panel of the new Board to do so on any terms and conditions that the Chairperson may specify for the protection and preservation of the rights and interests of the parties. Supervision by Chairperson (5) The Chairperson has supervision over and direction of the work of any Deputy Chairperson who continues to hear, consider or decide a matter under subsection (2). Fees and expenses 40. A Deputy Chairperson of the former Board who continues to hear, consider or decide a matter under subsection 39(2) (a) is to be paid the fees for his or her services that may be fixed by the Governor in Council; and (b) is entitled to be paid reasonable travel and living expenses incurred in the course of providing services during any period of absence from his or her ordinary place of residence. Limitation period 41. The Chairperson may withdraw from a Deputy Chairperson of the former Board any matter referred to in subsection 39(2) that is not disposed of within one year after the day on which section 12 of the new Act comes into force and determine the matter or assign it to a panel of the new Board on any terms and conditions that the Chairperson may specify for the protection and preservation of the rights and interests of the parties. Secretary of former Board 42. (1) The person who, immediately before the day on which section 48 of the new Act comes into force, held the office of secretary of the former Board is deemed to have been appointed to the office of Executive Director of the new Board, without prejudice to any salary and benefits he or she may receive by virtue of having held that office before that day. ��� C. 22 Public Service M Officers and employees (2) Nothing in the new Act affects the status of any person who was an officer or employee of the former Board immediately before the day on which section 49 of the new Act comes into force, except that, as of that day, the person is an officer or employee, as the case may be, of the new Board. Rights and obligations transferred 43. All rights and property held by or in the name of or in trust for the former Board and all obligations and liabilities of the former Board are deemed to be rights, property, obligations and liabilities of the new Board. References 44. Every reference to the former Board in a deed, contract or other document executed by the former Board in its own name is to be read as a reference to the new Board, unless the context otherwise requires. Transfer of appropriations 45. Any amount appropriated, for the fiscal year that includes the day on which section 12 of the new Act comes into force, by an appropriation Act based on the Estimates for that year for defraying the charges and expenses of the public service of Canada for the former Board and that, on that day, is unexpended is deemed, on that day, to be an amount appropriated for defraying the charges and expenses of the public service of Canada for the new Board. Continuation of legal proceedings 46. Any action, suit or other proceeding, to which the former Board is a party, that is pending in any court on the day on which section 12 of the new Act comes into force may be continued by or against the new Board in the like manner and to the same extent as it could have been continued by or against the former Board. Decisions, etc., continued 47. Every decision, order, determination and declaration made by the former Board is deemed to have been made by the new Board and may be enforced as such. 2002-2003 Modernisation de la Bargaining Agents and Bargaining Units Certification continued 48. (1) Each employee organization that, immediately before the day on which section 64 of the new Act comes into force, was certified as the bargaining agent for a bargaining unit continues to be certified as the bargaining agent for the bargaining unit. Effects of certification (2) Section 67 of the new Act applies as though the employee organization had been certified under the new Act. Legal officers 49. (1) For the purposes of the new Act, including any application under section 58 of the new Act, an employee who, on or after the day on which the definition ‘‘managerial or confidential position’’ in subsection 2(1) of that Act comes into force, is employed as a legal officer in the Department of Justice or the Canada Customs and Revenue Agency is deemed not to be included in any unit determined, in accordance with the former Act, to constitute a unit of employees appropriate for collective bargaining. New application required (2) For greater certainty, any employee organization that wishes to represent employees in a bargaining unit that includes one or more employees referred to in subsection (1) must proceed by way of an application under section 54 of the new Act. Managerial or Confidential Position Certain positions continued 50. Every position that was a position referred to in any of paragraphs (a), (b), (e), (f) and (g) of the definition ‘‘managerial or confidential position’’ in subsection 2(1) of the former Act immediately before the day on which the definition ‘‘managerial or confidential position’’ in subsection 2(1) of the new Act comes into force is deemed, as of that day, to be a managerial or confidential position within the meaning of subsection 2(1) of the new Act. ��� C. 22 Public Service M Choice of Process for Dispute Resolution Process for resolution of disputes 51. The process for resolution of a dispute specified by a bargaining agent for a bargaining unit and recorded by the former Board continues to be the process applicable to that bargaining unit until it is changed in accordance with the new Act. Collective Agreements and Arbitral Awards Collective agreements 52. Every collective agreement entered into under the former Act that is in force immediately before the day on which the definition ‘‘collective agreement’’ in subsection 2(1) of the new Act comes into force is deemed to be a collective agreement entered into under the new Act and continues in force until its term expires. Arbitral awards 53. Every arbitral award made under the former Act that is in force immediately before the day on which the definition ‘‘arbitral award’’ in subsection 2(1) of the new Act comes into force is deemed to be an arbitral award made under the new Act and continues in force until its term expires. Conciliators and Fact Finders Conciliators 54. Every person appointed as a conciliator under section 53 of the former Act before the day on which that section is repealed may continue to act after that day in accordance with that section and section 54 of the former Act, as those sections read immediately before that day, except that the references to ‘‘Chairperson’’ in section 54 of the former Act are to be read as references to the Chairperson of the new Board. Fact finders 55. Every person appointed as a fact finder under section 54.1 of the former Act before the day on which that section is repealed may continue to act after that day in accordance with section 54.4 of the former Act, as that section read immediately before that day and sections 54.1 to 54.6 of the former Act, as those sections read immediately before that day, apply after 2002-2003 Modernisation de la that day to the parties being assisted by the fact finder, except that the references in those sections to (a) ‘‘Board’’ are to be read as references to the new Board; and (b) ‘‘Chairperson’’ are to be read as references to the Chairperson of the new Board. Alternate Dispute Resolution Process Section 61 of the former Act 56. Every person to whom terms and conditions were referred under section 61 of the former Act before the day on which that section is repealed may continue to act after that day in accordance with the provisions of the former Act as they read immediately before that day. Arbitration Arbitration 57. (1) The following rules apply to requests for arbitration made before the day on which section 136 of the new Act comes into force and for which no arbitral award had been made before that day: (a) if no arbitration board had been established or arbitrator appointed before that day, the request is to be dealt with as though it had been made under section 136 of the new Act; (b) if an arbitrator had been appointed before that day, the arbitrator is deemed to be an arbitration board consisting of a single member established under section 139 of the new Act and the arbitration is to continue in accordance with Division 9 of Part 1 of the new Act; and (c) if an arbitration board had been established before that day, the arbitration board is deemed to be an arbitration board consisting of three members established under section 140 of the new Act and the arbitration is to continue in accordance with Division 9 of Part 1 of the new Act. Restriction (2) For greater certainty, an arbitral award may be made under subsection (1) only in respect of a term or condition of employment that could have been embod��� C. 22 Public Service M ied in an arbitral award made under the former Act as it read immediately before the day on which section 140 of the new Act comes into force. Designations, Conciliation and Prohibitions Provisions of former Act apply 58. (1) If, before the day on which section 105 of the new Act comes into force, a notice to bargain collectively was given under the former Act in respect of a bargaining unit for which the process for resolution of a dispute is conciliation and no collective agreement was entered into before that day as a result of the notice, paragraphs (a) to (c) apply to the employer, the bargaining agent for the bargaining unit and every employee in the bargaining unit until a collective agreement is entered into: (a) sections 76 to 90.1 and sections 102 to 107 of the former Act, as those sections read immediately before that day, apply on and after that day, except that references in those sections to (i) ‘‘Board’’ are to be read as references to the new Board, (ii) ‘‘Chairperson’’ are to be read as references to the Chairperson of the new Board, and (iii) ‘‘Minister’’ are to be read as references to the Minister within the meaning of subsection 2(1) of the new Act; (b) a designation review panel established before that day may continue to act on and after that day; and (c) a conciliation commissioner appointed or a conciliation board established before that day may continue to act on and after that day. Non-application (2) For greater certainty, if subsection (1) applies to the employer, the bargaining agent for the bargaining unit and every employee in the bargaining unit, Divisions 8, 10, 11 and 14 of Part 1 of the new Act do not apply to them until a collective agreement is entered into. 2002-2003 Modernisation de la Complaints Complaints referred to in par. 23(1)(b) of former Act 59. Every complaint referred to in paragraph 23(1)(b) of the former Act that was not finally disposed of by the former Board before the day on which section 221 of the new Act comes into force is deemed, for the purpose of the new Act, to be a policy grievance that has been referred to adjudication and, if a panel of the former Board had commenced to hear the complaint, that panel is, subject to section 39, deemed to be an adjudicator or a board of adjudication, as the case may be. Complaints referred to in par. 23(1)(c) of former Act 60. Complaints referred to in paragraph 23(1)(c) of the former Act that were not finally disposed of by the former Board before the day on which section 234 of the new Act comes into force are deemed to have been withdrawn immediately before that day. Grievances Former Act applies 61. (1) Subject to subsection (5), every grievance presented in accordance with the former Act that was not finally dealt with before the day on which section 208 of the new Act comes into force is to be dealt with on and after that day in accordance with the provisions of the former Act, as they read immediately before that day. Adjudicators (2) For the purposes of subsection (1), an adjudicator under the former Act may continue to hear, consider or decide any grievance referred to him or her before the day on which section 209 of the new Act comes into force, except that if the adjudicator was a member of the former Board, he or she may do so only if requested to do so by the Chairperson. Supervision by Chairperson (3) The Chairperson has supervision over and direction of the work of any member of the former Board who continues to hear, consider or decide a grievance under subsection (2). Refusal to complete duties (4) If an adjudicator under the former Act refuses to continue to hear, consider or decide a grievance referred to in subsection (2), the Chairperson may, on any terms and conditions that the Chairperson may speci��� C. 22 Public Service M fy for the protection and preservation of the rights and interests of the parties, refer the grievance to a member of the new Board. Appointment after commencement day (5) If a grievance referred to in subsection (1) is referred to adjudication after the day on which section 209 of the new Act comes into force, the provisions of the new Act apply with respect to the appointment of the adjudicator. Powers (6) For the purposes of subsections (2) and (5), the adjudicator may exercise any of the powers an adjudicator under the former Act could have exercised under that Act. Fees and expenses 62. Each adjudicator under the former Act who continues to hear, consider or decide a grievance under subsection 61(2) who, at the time of his or her appointment, was a member of the former Board or an adjudicator referred to in paragraph 95(2)(a.1) of the former Act (a) is to be paid the fees that may be fixed by the Governor in Council; and (b) is entitled to be paid reasonable travel and living expenses incurred while doing so during any period of absence from his or her ordinary place of residence. Limitation period 63. The Chairperson may withdraw from any member of the former Board any grievance referred to in subsection 61(2) that is not disposed of within one year after the day on which section 209 of the new Act comes into force and the Chairperson may, on any terms and conditions that he or she may specify for the protection and preservation of the rights and interests of the parties, refer the matter to a member of the new Board. Events giving rise to individual grievances 64. Subject to regulations made under section 237 of the new Act or any applicable collective agreement or arbitral award, an individual grievance may be presented on or after the day on which section 208 of the new Act comes into force in respect of any event that occurred before that day and that would have given rise to a right to grieve under section 91 of the former Act, as that section read immediately before that day. 2002-2003 Modernisation de la Events giving rise to policy grievances 65. Subject to regulations made under section 237 of the new Act or any applicable collective agreement or arbitral award, a policy grievance may be presented on or after the day on which section 220 of the new Act comes into force in respect of any event that occurred before that day if the matter could have been referred to the former Board under section 99 of the former Act, as that section read immediately before that day. Former adjudication orders 66. Every order made by an adjudicator under the former Act is deemed to be an order made by an adjudicator under the new Act and may be enforced as such. DIVISION 2 TRANSITIONAL PROVISION ARISING FROM THE AMENDMENTS TO THE FINANCIAL ADMINISTRATION ACT IN PART 2 Deemed designated portions 67. Every portion of the public service of Canada designated by the Governor in Council before the day on which section 8 of this Act comes into force to be part of the public service for the purposes of sections 11, 12 and 13 of the Financial Administration Act is deemed to be a portion of the federal public administration designated by the Governor in Council for the purpose of paragraph (d) of the definition ‘‘public service’’ in subsection 11(1) of the Financial Administration Act, as enacted by section 8 of this Act. DIVISION 3 TRANSITIONAL PROVISIONS ARISING FROM PART 3 Definitions 68. The following definitions apply in this Division. ‘‘amended Act’’ « loi modifiée » ‘‘amended Act’’ means the former Act as amended by Division 2 of Part 3 of this Act. ‘‘former Act’’ « ancienne loi » ‘‘former Act’’ means the Public Service Employment Act, being chapter P-33 of the Revised Statutes of Canada, 1985. ��� C. 22 Public Service M ‘‘former Commission’’ « ancienne Commission » ‘‘former Commission’’ means the Public Service Commission established by subsection 3(1) of the former Act. ‘‘new Act’’ « nouvelle loi » ‘‘new Act’’ means the Public Service Employment Act, enacted by sections 12 and 13 of this Act. ‘‘new Commission’’ « nouvelle Commission » ‘‘new Commission’’ means the Public Service Commission established by subsection 3(1) of the amended Act. Subdivision a Transitional Provisions Arising from the Enactment of the Public Service Employment Act in Division 1 of Part 3 Priorities 69. Every person who has a priority for appointment under the amended Act on the coming into force of subsection 29(1) of the new Act continues to have priority for appointment under the new Act for the period, and in the order, provided for by or under the amended Act. Pending competitions and appointments 70. The coming into force of subsection 29(1) of the new Act does not affect any competition or other selection process being conducted under the amended Act. Eligibility lists 71. An eligibility list made under the amended Act that is valid on the coming into force of subsection 29(1) of the new Act continues to be valid for the period provided for under subsection 17(2) of the amended Act, to a maximum of six months after the coming into force of subsection 29(1) of the new Act. Pending appeals 72. An appeal taken within the period provided for under section 21 of the amended Act and not finally disposed of on the coming into force of subsection 77(1) of the new Act must be dealt with and disposed of in accordance with the amended Act. 2002-2003 Modernisation de la Pending deployment recourse 73. A complaint made within the time and manner provided for under section 34.3 of the amended Act and not finally disposed of on the coming into force of subparagraph 209(1)(c)(ii) of the Public Service Labour Relations Act, as enacted by section 2 of this Act, must be dealt with and disposed of in accordance with the amended Act. Audits 74. (1) Any audit commenced under section 7.1 of the amended Act that has not been completed on the coming into force of section 17 of the new Act must be dealt with and disposed of in accordance with the amended Act. Investigations (2) Any investigation commenced under section 7.1 of the amended Act that has not been completed on the coming into force of section 66 of the new Act must be dealt with and disposed of in accordance with the amended Act. Notice of lay-off 75. If, prior to the coming into force of section 64 of the new Act, an employee was informed under regulations made under subsection 29(1) of the amended Act that he or she would be laid off but was not laid off, section 29 of the amended Act continues to apply to the employee. Employees on probation 76. (1) Every employee who was considered to be on probation under section 28 of the amended Act immediately prior to the coming into force of section 61 of the new Act continues to be on probation until the end of any period that was established by regulation under section 28 of the amended Act. Rejection (2) After the coming into force of section 62 of the new Act, subsection 28(2) of the amended Act continues to apply in respect of any employee who was considered to be on probation under section 28 of the former Act immediately before the coming into force of section 62 of the new Act. ��� C. 22 Public Service M Subdivision b Transitional Provisions Arising from the Amendments to the Public Service Employment Act in Division 2 of Part 3 Cessation of office 77. The President and members of the former Commission cease to hold office on the day on which subsection 3(1) of the amended Act comes into force. Policies, delegation instruments, etc. 78. The regulations, policies, directives, instruments of delegation and other instruments issued by the former Commission before the day on which subsection 3(1) of the amended Act comes into force are deemed to be those of the new Commission on that day. Status of Commission employees 79. Subject to subsections 87(2) and (3) of this Act, nothing in the amended Act affects the status of any person who was an employee of the former Commission immediately before the day on which subsection 3(1) of the amended Act comes into force, except that, as of that day, the person is an employee of the new Commission. Rights and obligations transferred 80. All rights and property held by or in the name of or in trust for the former Commission and all obligations and liabilities of the former Commission are deemed to be rights, property, obligations and liabilities of the new Commission. References 81. Every reference to the former Commission in a deed, contract or other document executed by the former Commission in its own name is to be read as a reference to the new Commission, unless the context otherwise requires. Transfer of appropriations 82. Any amount appropriated, for the fiscal year that includes the day on which subsection 3(1) of the amended Act comes into force, by an appropriation Act based on the Estimates for that year for defraying the charges and expenses of the public service of Canada for the former Commission and that, on that day, is unexpended is deemed, on that day, to be an amount appropriated for defraying the charges and expenses of the public service of Canada for the new Commission. 2002-2003 Modernisation de la Continuation of legal proceedings 83. Any action, suit or other proceeding, to which the former Commission is a party, that is pending in any court on the day on which subsection 3(1) of the amended Act comes into force may be continued by or against the new Commission in the like manner and to the same extent as it could have been continued by or against the former Commission. Inquiry 84. Any inquiry commenced under section 34 of the former Act that has not been completed on the coming into force of section 33.3 of the amended Act must be dealt with and disposed of in accordance with the former Act. DIVISION 4 TRANSITIONAL PROVISIONS ARISING FROM THE AMENDMENTS TO THE CANADIAN CENTRE FOR MANAGEMENT DEVELOPMENT ACT IN PART 4 References 85. (1) Every reference to the Canadian Centre for Management Development in any deed, contract, agreement, instrument or other document executed by the Canadian Centre for Management Development in its own name is to be read as a reference to the Canada School of Public Service, unless the context otherwise requires. References — Principal (2) Every reference to the Principal of the Canadian Centre for Management Development in a document referred to in subsection (1) is to be read as a reference to the President of the Canada School of Public Service, unless the context otherwise requires. Continuation of rights and property (3) All rights and property of the Canadian Centre for Management Development continue to be the rights and property of the Canada School of Public Service. Continuation of obligations and liabilities (4) All obligations and liabilities of the Canadian Centre for Management Development continue to be the obligations and liabilities of the Canada School of Public Service. ��� C. 22 Public Service M Continuation of proceedings (5) Any action, suit or other legal or administrative proceeding to which the Canadian Centre for Management Development is a party that is pending on the coming into force of this section may be continued by or against the Canada School of Public Service in a similar manner and to the same extent as it would have been continued by or against the Canadian Centre for Management Development. Transitional — governors 86. The governors of the Canadian Centre for Management Development who, immediately before the coming into force of this section, held office under subsection 8(1) of the Canadian Centre for Management Development Act continue in office as governors of the Canada School of Public Service for the remainder of the term for which they were appointed. Transitional — employees 87. (1) Nothing in Part 4 of this Act shall be construed as affecting the status of an employee who, immediately before the coming into force of that Part, occupied a position in the Canadian Centre for Management Development, except that the employee shall occupy that position in the Canada School of Public Service. Transitional — TDC employees (2) Each person employed in the Public Service Commission in the administrative unit known as ‘‘Training and Development Canada’’ assumes, on the coming into force of this section, a position in the Canada School of Public Service. Transfer by Governor in Council (3) The Governor in Council may, by order made on the recommendation of the Treasury Board after consultation with the Public Service Commission and the Canada School of Public Service, within one year after the coming into force of this section, transfer an employee of the Public Service Commission to the Canada School of Public Service if the Governor in Council is of the opinion that (a) the employee is carrying out powers, duties and functions that are in whole or in part in support of or related to the powers, duties and functions of persons referred to in subsection (2); and 2002-2003 Modernisation de la (b) it is in the best interests of the Public Service to do so. Status unchanged (4) Nothing in subsections (2) and (3) shall be construed as affecting the status of (a) a person referred to in subsection (2) who, immediately before the coming into force of that subsection, occupied a position in Training and Development Canada; and (b) an employee transferred by an order made under subsection (3). PART 6 CONSEQUENTIAL AMENDMENTS DIVISION 1 CONSEQUENTIAL AMENDMENTS ARISING FROM THE ENACTMENT OF THE PUBLIC SERVICE LABOUR RELATIONS ACT IN PART 1 AND THE AMENDMENTS TO THE FINANCIAL ADMINISTRATION ACT IN PART 2 R.S., c. A-1 Access to Information Act 88. The reference to ‘‘Public Service Staff Relations Board’’ under the heading ‘‘Other Government Institutions’’ in Schedule I to the Access to Information Act is replaced by a reference to ‘‘Public Service Labour Relations Board’’. R.S., c. A-2 Aeronautics Act R.S., c. 33 (1st Supp.), s. 1 89. Subsection 9(1) of the Aeronautics Act is replaced by the following: Regulations establishing compensation payable for death or injury 9. (1) The Governor in Council may make regulations establishing the compensation to be paid and the persons to whom and the manner in which such compensation shall be payable for the death or injury of any person employed in the federal public administration or employed under the direction of any department in the federal public administration that results directly from a flight undertaken by that person in the course of duty in the federal public administration. ��� R.S, c. A-17 C. 22 Public Service M Auditor General Act 90. Subsection 13(1) of the English version of the Auditor General Act is replaced by the following: Access to information 13. (1) Except as provided by any other Act of Parliament that expressly refers to this subsection, the Auditor General is entitled to free access at all convenient times to information that relates to the fulfilment of his or her responsibilities and he or she is also entitled to require and receive from members of the federal public administration any information, reports and explanations that he or she considers necessary for that purpose. 91. Subsection 15(4) of the Act is repealed. 92. Section 16 of the Act is replaced by the following: Responsibility for human resources management 16. The Auditor General is authorized, in respect of persons appointed in his or her office, to exercise the powers and perform the functions of the Treasury Board that relate to human resources management within the meaning of paragraph 7(1)(e) and section 11.1 of the Financial Administration Act, as well as those of deputy heads under subsection 12(2) of that Act, as that subsection reads without regard to any terms and conditions that the Governor in Council may direct, including the determination of terms and conditions of employment and the responsibility for employer and employee relations. Delegation 16.1 (1) The Auditor General may authorize any person employed in his or her office to exercise and perform, in any manner and subject to any terms and conditions that he or she directs, any of his or her powers and functions in relation to human resources management. Sub-delegation (2) Any person authorized under subsection (1) may, subject to and in accordance with the authorization, authorize one or more persons under that person’s jurisdiction to exercise any power or perform any function to which the authorization relates. 2002-2003 R.S., c. B-2 Modernisation de la Bank of Canada Act 93. Paragraph 6(4)(c) of the English version of the Bank of Canada Act is replaced by the following: (c) is employed in any capacity in the federal public administration or the public service of a province or holds any office or position for which any salary or other remuneration is payable out of public moneys; 94. Paragraph 10(4)(b) of the English version of the Act is replaced by the following: (b) is employed, on a full-time basis, in any capacity in the federal public administration or the public service of a province or holds any office or position, other than as a part-time member of any board or advisory body of an agency or department of the government of Canada or a province, for which any salary or other remuneration is payable out of public moneys, except that a director may perform temporary services for the government of Canada or a province for which that director may be reimbursed actual travel and living expenses; or 1999, c. 17 Canada Customs and Revenue Agency Act 95. Paragraph 16(2)(c) of the English version of the Canada Customs and Revenue Agency Act is replaced by the following; (c) is employed on a full-time basis in the federal public administration or the public service of a province or territory. 96. Paragraph 30(1)(d) of the Act is replaced by the following: (d) human resources management, including the determination of the terms and conditions of employment of persons employed by the Agency. 97. Section 50 of the Act is replaced by the following: ��� Separate agency C. 22 Public Service M 50. The Agency is a separate agency under the Public Service Labour Relations Act. 98. The portion of subsection 51(1) of the Act before paragraph (a) is replaced by the following: Human resources management 51. (1) The Agency may, in the exercise of its responsibilities in relation to human resources management, 99. Subsection 58(1) of the Act is replaced by the following: Authority to enter into collective agreements 2000, c. 9 58. (1) Notwithstanding section 112 of the Public Service Labour Relations Act, the Agency has sole authority to enter into a collective agreement with the bargaining agent for a bargaining unit composed of Agency employees, applicable to employees in that bargaining unit. Canada Elections Act 100. Paragraph 11(b) of the Canada Elections Act is replaced by the following: (b) an elector who is an employee in the federal public administration or the public service of a province and who is posted outside Canada; 101. Subsection 15(3) of the English version of the Act is replaced by the following: Superannuation and compensation (3) The Chief Electoral Officer is deemed to be employed in the public service for the purposes of the Public Service Superannuation Act and to be employed in the federal public administration for the purposes of the Government Employees Compensation Act and any regulations made under section 9 of the Aeronautics Act. 102. Subsection 19(2) of the English version of the Act is replaced by the following: Superannuation and compensation (2) The Assistant Chief Electoral Officer is deemed to be a person employed in the public service for the purposes of the Public Service Superannuation Act and is deemed to be employed in the federal public administration for the purposes of the Government Employees Compensation Act and any regula2002-2003 Modernisation de la tions made under section 9 of the Aeronautics Act. 103. Paragraph 222(2)(a) of the Act is replaced by the following: (a) employed outside Canada in the federal public administration or the public service of a province; R.S., c. C-5 Canada Evidence Act 104. Subsections 26(1) to (3) of the English version of the Canada Evidence Act are replaced by the following: Books kept in offices under Government of Canada 26. (1) A copy of any entry in any book kept in any office or department of the Government of Canada, or in any commission, board or other branch in the federal public administration, shall be admitted as evidence of that entry, and of the matters, transactions and accounts therein recorded, if it is proved by the oath or affidavit of an officer of the office or department, commission, board or other branch in the federal public administration that the book was, at the time of the making of the entry, one of the ordinary books kept in the office, department, commission, board or other branch in the federal public administration, that the entry was made in the usual and ordinary course of business of the office, department, commission, board or other branch in the federal public administration and that the copy is a true copy thereof. Proof of non-issue of licence or document (2) Where by any Act of Parliament or regulation made under an Act of Parliament provision is made for the issue by a department, commission, board or other branch in the federal public administration of a licence requisite to the doing or having of any act or thing or for the issue of any other document, an affidavit of an officer of the department, commission, board or other branch in the federal public administration, sworn before any commissioner or other person authorized to take affidavits, setting out that he or she has charge of the appropriate records and that after careful examination and search of those records he or she has been unable to find in any given case that any such licence or other document has been issued, shall be admitted in evidence as proof, in the absence of ��� C. 22 Public Service M evidence to the contrary, that in that case no licence or other document has been issued. Proof of mailing departmental matter (3) Where by any Act of Parliament or regulation made under an Act of Parliament provision is made for sending by mail any request for information, notice or demand by a department or other branch in the federal public administration, an affidavit of an officer of the department or other branch in the federal public administration, sworn before any commissioner or other person authorized to take affidavits, setting out that he or she has charge of the appropriate records, that he or she has a knowledge of the facts in the particular case, that the request, notice or demand was sent by registered letter on a named date to the person or firm to whom it was addressed (indicating that address) and that he or she identifies as exhibits attached to the affidavit the post office certificate of registration of the letter and a true copy of the request, notice or demand, shall, on production and proof of the post office receipt for the delivery of the registered letter to the addressee, be admitted in evidence as proof, in the absence of evidence to the contrary, of the sending and of the request, notice or demand. 2001, c. 41, s. 44 105. Item 11 of the schedule to the Act is replaced by the following: 11. The Public Service Labour Relations Board established by section 12 of the Public Service Labour Relations Act, for the purposes of a grievance process under that Act with respect to an employee of the Canadian Security Intelligence Service, with the exception of any information provided to the board by the employee R.S., c. G-10 Canada Grain Act 106. Subsection 5(2) of the English version of the Canada Grain Act is replaced by the following: Superannuation and compensation (2) The commissioners are deemed to be persons employed in the public service for the purposes of the Public Service Superannuation Act and to be employed in the federal public administration for the purposes of the Government Employees Compensation Act 2002-2003 Modernisation de la and any regulations made under section 9 of the Aeronautics Act. R.S., c. L-2 Canada Labour Code 107. Subsection 5(3) of the Canada Labour Code is replaced by the following: Addition of name to Schedule (3) Where the Governor in Council excludes any corporation from the operation of this Part, the Governor in Council shall, by order, add the name of that corporation to Schedule IV or V to the Financial Administration Act. 1996, c. 18, s. 9 108. Subsection 47(1) of the Act is replaced by the following: Where portion as federal business 47. (1) Where the name of any portion of the federal public administration specified from time to time in Schedule I, IV or V to the Financial Administration Act is deleted and that portion of the federal public administration is established as or becomes a part of a corporation or business to which this Part applies, or where a portion of the federal public administration included in another portion of the federal public administration specified in those Schedules is severed from the portion in which it was included and established as or becomes a part of such a corporation or business, (a) a collective agreement or arbitral award that applies to any employees in that portion of the federal public administration and that is in force at the time the portion of the federal public administration is established as or becomes a part of such a corporation or business continues in force, subject to subsections (3) to (7), until its term expires; and (b) the Public Service Labour Relations Act applies in all respects to the interpretation and application of the collective agreement or arbitral award. 1996, c. 18, s. 9; 1998, c. 26, s. 23(F) 109. (1) The portion of section 47.1 of the English version of the Act before paragraph (a) is replaced by the following: Where notice to bargain collectively given prior to deletion 47.1 Where, before the deletion or severance referred to in subsection 47(1), notice to bargain collectively has been given in respect of a collective agreement or arbitral award ��� C. 22 Public Service M binding on employees of a corporation or business who, immediately before the deletion or severance, were part of the federal public administration, 1996, c. 18, s. 9 (2) Paragraph 47.1(a) of the Act is replaced by the following: (a) the terms and conditions of employment contained in a collective agreement or arbitral award that, by virtue of section 107 of the Public Service Labour Relations Act, are continued in force immediately before the date of the deletion or severance or that were last continued in force before that date, in respect of those employees shall continue or resume in force on and after that date and shall be observed by the corporation or business, as employer, the bargaining agent for those employees and those employees until the requirements of paragraphs 89(1)(a) to (d) have been met, unless the employer and the bargaining agent agree otherwise; 2000, c. 20, s. 4 110. Subsection 123(2) of the Act is replaced by the following: Application to federal public administration (2) This Part applies to the federal public administration and to persons employed in the federal public administration to the extent provided for under Part 3 of the Public Service Labour Relations Act. 2000, c. 20, s. 15 111. Subsection 149(2) of the English version of the Act is replaced by the following: Officers and senior officials, etc. (2) If a corporation or a department in, or other portion of, the federal public administration to which this Part applies commits an offence under this Part, any of the following persons who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to and guilty of the offence and liable on conviction to the punishment provided for the offence, whether or not the corporation or department in, or portion of, the federal public administration has been prosecuted or convicted: (a) any officer, director, agent or mandatary of the corporation; (b) any senior official in the department in, or portion of, the federal public administration; or 2002-2003 Modernisation de la (c) any other person exercising managerial or supervisory functions in the corporation or department in, or portion of, the federal public administration. 1996, c. 18, s. 10 112. Paragraphs 189(2)(a) and (b) of the Act are replaced by the following: (a) any portion of the federal public administration specified from time to time in Schedule I, IV or V to the Financial Administration Act that is deleted from one of those Schedules and that is established as or becomes a part of a corporation or any federal work, undertaking or business to which this Part applies; or (b) a portion of the federal public administration included in a portion of the federal public administration so specified in one of those Schedules that is severed from the portion in which it was included and that is established as or becomes a part of such a corporation or federal work, undertaking or business. 1998, c. 10 Canada Marine Act 113. Paragraph 16(c) of the English version of the Canada Marine Act is replaced by the following: (c) a Senator or a member of Parliament or an officer or employee of the federal public administration, including an officer or employee in a federal Crown corporation; 114. Subsection 136(2) of the Act is replaced by the following: Government Employees Compensation Act R.S., c. C-7 (2) For the purposes of the Government Employees Compensation Act, the employees referred to in subsection (1) are deemed to be employees in the federal public administration. Canada Mortgage and Housing Corporation Act 115. Subsection 6(6) of the English version of the Canada Mortgage and Housing Corporation Act is replaced by the following: ��� Substitute directors C. 22 Public Service M (6) Where a director is a member of the federal public administration, the Governor in Council may authorize another member of the federal public administration to act as director in the director’s stead and that member of the federal public administration while so acting is deemed to be a director. 116. Paragraph 8(1)(d) of the English version of the Act is replaced by the following: (d) is employed in any capacity in the federal public administration or the public service of a province or holds any office or position for which a salary is payable out of public moneys, but nothing in this paragraph prohibits such a person from holding office while performing temporary services for the Government of Canada or of a province. 1987, c. 3 Canada-Newfoundland Atlantic Accord Implementation Act 117. The definition ‘‘Public Service of Canada’’ in subsection 11(2) of the English version of the Canada-Newfoundland Atlantic Accord Implementation Act is replaced by the following: ‘‘Public Service of Canada’’ « administration fédérale » ‘‘Public Service of Canada’’ has the meaning given the expression ‘‘public service’’ in the Public Service Labour Relations Act, and includes any portion of the federal public administration designated by order in council pursuant to this subsection and for the purposes of subsection (1) as part of the Public Service of Canada. 118. (1) Subsection 25(3) of the Act is replaced by the following: Presumption (3) Except as provided in subsection (4), every person employed pursuant to subsection (1) is deemed not to be employed in the federal public administration or the public service of the Province. (2) Subsection 25(5) of the English version of the Act is replaced by the following: 2002-2003 Definition of ‘‘public service’’ Modernisation de la (5) In this section, ‘‘public service’’ has the same meaning as in the Public Service Labour Relations Act. 119. Subsection 141(1) of the English version of the Act is replaced by the following: Oil and Gas Committee 141. (1) The Board may, for the purposes of this Part and Part III of the Provincial Act, establish a committee to be known as the Oil and Gas Committee, consisting of not more than five members, not more than three of whom may be employees in the federal public administration or the public service of the Province. 120. Subsection 142(4) of the Act is replaced by the following: Remuneration (4) The members of the Committee who are not employees in the federal public administration or the public service of the Province shall be paid such remuneration as may be authorized by the Board. 121. Subsection 144(1) of the Act is replaced by the following: Quorum 1988, c. 28 144. (1) A majority of the members, including one member who is not an employee in the federal public administration or the public service of the Province, constitutes a quorum of the Committee. Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act 122. The definition ‘‘Public Service of Canada’’ in subsection 11(1) of the English version of the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act is replaced by the following: ‘‘Public Service of Canada’’ « administration fédérale » ‘‘Public Service of Canada’’ has the meaning given the expression ‘‘public service’’ in the Public Service Labour Relations Act, and includes any portion of the federal public administration designated by order in council pursuant to this subsection and for the purposes of this section as part of the Public Service of Canada. ��� C. 22 Public Service M 123. (1) Subsection 26(3) of the Act is replaced by the following: Presumption (3) Except as provided in subsection (4), no person employed pursuant to subsection (1) shall, by virtue of that employment, be considered to be employed in the federal public administration or the public service of the Province. (2) Subsection 26(5) of the English version of the Act is replaced by the following: Definition of ‘‘public service’’ (5) In this section, ‘‘public service’’ has the same meaning as in the Public Service Labour Relations Act. 124. Subsection 145(1) of the English version of the Act is replaced by the following: Oil and Gas Committee 145. (1) The Board may, for the purposes of this Act and the Provincial Act, establish a committee to be known as the Oil and Gas Committee, consisting of not more than five members, not more than three of whom may be employees in the federal public administration or the public service of the Province. 125. Subsection 146(4) of the Act is replaced by the following: Remuneration (4) The members of the Committee who are not employees in the federal public administration or the public service of the Province shall be paid such remuneration as may be authorized by the Board. 126. Subsection 148(1) of the Act is replaced by the following: Quorum 148. (1) A majority of the members, including one member who is not an employee in the federal public administration or the public service of the Province, constitutes a quorum of the Committee. 2002-2003 R.S., c. O-7 Modernisation de la Canada Oil and Gas Operations Act 127. Subsection 9(1) of the English version of the Canada Oil and Gas Operations Act is replaced by the following: Quorum 9. (1) A majority of the members, including one member who is not an employee in the federal public administration, constitutes a quorum of the Committee. 1992, c. 35, s. 26 128. Subsection 28(1.1) of the Act is replaced by the following: Mandatory inquiry (1.1) Where a spill or debris or an accident or incident related to any activity to which this Act applies occurs or is found in any area to which this Act applies and is serious, as defined by regulation, the Minister shall direct that an inquiry referred to in subsection (1) be made, subject to the Canadian Transportation Accident Investigation and Safety Board Act, and shall ensure that the person who conducts the inquiry is not employed in a part of the federal public administration for which the Minister is responsible. R.S., c. C-8 Canada Pension Plan 1997, c. 40, s. 88 129. The definition ‘‘federal institution’’ in subsection 104(1) of the Canada Pension Plan is replaced by the following: ‘‘federal institution’’ « institution fédérale » ‘‘federal institution’’ means a department or any other body referred to in Schedule I, I.1, II or III to the Financial Administration Act. 1995, c. 33, s. 44(3) 130. The portion of subsection 106(2) of the Act after paragraph (b) is replaced by the following: may accept any oath administered or affidavit, declaration or solemn affirmation given by any officer or employee of any department in, or other portion of, the federal public administration specified in Schedule I, IV or V to the Financial Administration Act or of any department of the government of a province who has all the powers of a commissioner for taking affidavits. ��� R.S., c. 36 (2nd Supp.) C. 22 Public Service M Canada Petroleum Resources Act 131. Subsection 78(3) of the English version of the Canada Petroleum Resources Act is replaced by the following: Selection of members from federal public administration and industry (3) Members of the Board are to be selected for appointment pursuant to subsection (2) from the federal public administration or the public service of any province or from among persons nominated by interest owners. 1991, c. 16; s. 22 of this Act Canada School of Public Service Act 132. The definition ‘‘Public Service’’ in section 2 of the English version of the Canada School of Public Service Act is replaced by the following: ‘‘public service’’ « fonction publique » ‘‘public service’’ has the meaning given that expression in the Public Service Labour Relations Act. Section 30 of this Act 132.1 Subsection 13(3) of the Act is replaced by the following: Programs and studies (3) In exercising supervision over the School and direction of its programs, the President shall take into consideration the policies of the Government of Canada as well as the policies with respect to learning, training and development needs and priorities that are established by the Treasury Board under paragraph 11.1(1)(f) of the Financial Administration Act. Subsection 31(2) of this Act 133. Subsections 15(3) and (4) of the English version of the Act are replaced by the following: Act not applicable (3) The Public Service Labour Relations Act does not apply to any person employed by the School under subsection (2). Acts and regulations applicable (4) Each person employed by the School under subsection (2) is deemed to be an employee for the purposes of the Government Employees Compensation Act, to be employed in the federal public administration for the purposes of any regulations made under section 9 of the Aeronautics Act, and to be employed in the public service for the purposes of the Public Service Superannuation Act. 2002-2003 R.S., c. C-14 Modernisation de la Canadian Commercial Corporation Act 134. Section 14 of the English version of the Canadian Commercial Corporation Act is replaced by the following: Former employee 14. (1) Where a person who was an employee in the public service immediately before that person’s employment under this Act is retired from employment under this Act, that person may, in accordance with the Public Service Employment Act, be assigned to a position in the public service of the class from which that person was so retired or for which that person is qualified. Employee benefits continued (2) A person employed under this Act, who immediately prior to that employment held a position in the public service or was an employee within the meaning of the Public Service Employment Act, continues to retain and is eligible for all the benefits, except salary as an employee in the public service, that that person would have been eligible to receive had that person remained an employee in the public service. 1997, c. 6 Canadian Food Inspection Agency Act 135. Section 12 of the Canadian Food Inspection Agency Act is replaced by the following: Separate agency R.S., c. C-17 12. The Agency is a separate agency under the Public Service Labour Relations Act. Canadian Forces Superannuation Act 136. Clause 6(b)(ii)(A) of the English version of the Canadian Forces Superannuation Act is replaced by the following: (A) any period of service during which he was employed in the public service on a full-time basis and was in receipt of salary, if he elects, within one year of becoming a contributor under this Act, to pay for that service, and any period of service with any board, commission, corporation in, or portion of, the federal public administration that is added to Schedule I to the Public ��� C. 22 Public Service M Service Superannuation Act on or after March 1, 1960, during which he was employed on a full-time basis and was in receipt of salary, if he elects, within one year of such addition, to pay for that service, R.S., c. H-6 Canadian Human Rights Act 137. Section 38 of the English version of the Canadian Human Rights Act is replaced by the following: Superannuation, etc. 2000, c. 6 38. The full-time members of the Commission are deemed to be persons employed in the public service for the purposes of the Public Service Superannuation Act and to be employed in the federal public administration for the purposes of the Government Employees Compensation Act and any regulations made under section 9 of the Aeronautics Act. Canadian Institutes of Health Research Act 138. Paragraph 12(b) of the English version of the Canadian Institutes of Health Research Act is replaced by the following: (b) is deemed to be employed in the public service for the purposes of the Public Service Superannuation Act and is deemed to be employed in the federal public administration for the purposes of the Government Employees Compensation Act and the regulations made under section 9 of the Aeronautics Act; and 139. Subsection 17(2) of the Act is replaced by the following: Right of employer (2) Subsections 11.1(1) and 12(2) of the Financial Administration Act do not apply with respect to the CIHR and the Governing Council may (a) determine the organization of and classify the positions in the CIHR; (b) set the terms and conditions of employment for employees, including termination of employment for cause, and assign duties to them; and 2002-2003 Modernisation de la (c) provide for any other matters that the Governing Council considers necessary for effective human resources management in the CIHR. 140. Section 18 of the Act is replaced by the following: Collective agreements 18. Notwithstanding section 112 of the Public Service Labour Relations Act, the Governing Council may, in accordance with the negotiating mandate approved by the President of the Treasury Board, enter into a collective agreement with the bargaining agent for a bargaining unit composed of employees of the CIHR that is applicable to employees of that bargaining unit. 141. Section 25 of the English version of the Act is replaced by the following: Benefits R.S., c. C-21; 2001, c. 9, s. 218 2001, c. 9, s. 227(2) 25. The employees of the CIHR are deemed to be employed in the public service for the purposes of the Public Service Superannuation Act and to be employed in the federal public administration for the purposes of the Government Employees Compensation Act and the regulations made under section 9 of the Aeronautics Act. Canadian Payments Act 142. Paragraph 9(1.2)(b) of the English version of the Canadian Payments Act is replaced by the following: (b) employed in any capacity in the federal public administration or the public service of a province or holds any office or position for which any salary or other remuneration is payable out of public moneys; or R.S., c. C-23 Canadian Security Intelligence Service Act 143. (1) Subsection 8(1) of the Canadian Security Intelligence Service Act is replaced by the following: Powers and functions of Director 8. (1) Notwithstanding the Financial Administration Act and the Public Service Employment Act, the Director has exclusive authority to appoint employees and, in relation to the human resources management of ��� C. 22 Public Service M employees, other than persons attached or seconded to the Service as employees, (a) to provide for the terms and conditions of their employment; and (b) subject to the regulations, (i) to exercise the powers and perform the functions of the Treasury Board relating to human resources management under the Financial Administration Act, and (ii) to exercise the powers and perform the functions assigned to the Public Service Commission by or pursuant to the Public Service Employment Act. (2) Subsection 8(2) of the English version of the Act is replaced by the following: Discipline and grievances of employees (2) Notwithstanding the Public Service Labour Relations Act but subject to subsection (3) and the regulations, the Director may establish procedures respecting the conduct and discipline of, and the presentation, consideration and adjudication of grievances in relation to, employees, other than persons attached or seconded to the Service as employees. (3) Subsection 8(3) of the Act is replaced by the following: Adjudication of employee grievances (3) When a grievance is referred to adjudication, the adjudication shall not be heard or determined by any person, other than a full-time member of the Public Service Labour Relations Board established under section 12 of the Public Service Labour Relations Act. 144. The portion of subsection 9(1) of the English version of the Act before paragraph (a) is replaced by the following: Process for resolution of disputes of support staff 1996, c. 18, s. 2; 1999, c. 26, s. 17 9. (1) Notwithstanding the Public Service Labour Relations Act, 145. Section 9.1 of the Act is repealed. 146. Subsection 41(2) of the English version of the Act is replaced by the following: 2002-2003 Other redress available 1990, c. 13 Modernisation de la (2) The Review Committee shall not investigate a complaint in respect of which the complainant is entitled to seek redress by means of a grievance procedure established pursuant to this Act or the Public Service Labour Relations Act. Canadian Space Agency Act 147. Subsection 16(4) of the Canadian Space Agency Act is replaced by the following: Acts and regulations applicable (4) Each person employed in the Agency pursuant to subsection (2) is deemed to be an employee for the purposes of the Government Employees Compensation Act, to be employed in the federal public administration for the purposes of any regulations made pursuant to section 9 of the Aeronautics Act, and to be employed in the public service for the purposes of the Public Service Superannuation Act and for the purposes of being eligible to enter competitions under the Public Service Employment Act and of sections 11 and 13 of the last-named Act. 1992, c. 48, Sch. Children’s Special Allowances Act 1995, c. 33, s. 48 148. Subsection 12(2) of the Children’s Special Allowances Act is replaced by the following: Acceptance of oaths, etc. (2) The Minister may accept, for the purposes of the administration of this Act or the regulations, any oath administered or affidavit, declaration or solemn affirmation given by any officer or employee of any department in, or other portion of, the federal public administration specified in Schedule I, IV or V to the Financial Administration Act or of any department of the government of a province who has all the powers of a commissioner for taking affidavits. R.S., c. C-29 Citizenship Act R.S., c. 44 (3rd Supp.), s. 1 149. Subsection 5(1.1) of the English version of the Citizenship Act is replaced by the following: ��� C. 22 Public Service M Residence (1.1) Any day during which an applicant for citizenship resided with the applicant’s spouse who at the time was a Canadian citizen and was employed outside of Canada in or with the Canadian armed forces or the federal public administration or the public service of a province, otherwise than as a locally engaged person, shall be treated as equivalent to one day of residence in Canada for the purposes of paragraph (1)(c) and subsection 11(1). 1996, c. 20 Civil Air Navigation Services Commercialization Act 150. The definition ‘‘Public Service’’ in subsection 2(1) of the English version of the Civil Air Navigation Services Commercialization Act is replaced by the following: ‘‘public service’’ « fonction publique » ‘‘public service’’ has the same meaning as in subsection 2(1) of the Public Service Labour Relations Act. 151. Section 97 of the Act is replaced by the following: Authority to provide services 1980-81-82-83, c. 108 97. Where a department in, or other portion of, the federal public administration specified in Schedule I, IV or V to the Financial Administration Act is authorized to provide services to any other department in, or other portion of, the federal public administration specified in one of those Schedules, it may enter into an agreement to provide those services to the Corporation if it considers it appropriate to do so. Cooperative Energy Act 152. Section 11 of the Cooperative Energy Act is replaced by the following: Not agent of Her Majesty 11. The Corporation is not an agent of Her Majesty, or a Crown Corporation within the meaning of the Financial Administration Act, and its officers and employees are not part of the federal public administration. 153. Section 21 of the Act is replaced by the following: 2002-2003 Modernisation de la Not agent of Her Majesty 21. The Development Corporation is not an agent of Her Majesty, or a Crown Corporation within the meaning of the Financial Administration Act, and its officers and employees are not part of the federal public administration. R.S., c. C-42 Copyright Act R.S., c. 10 (4th Supp.), s. 12 154. Subsection 66(6) of the English version of the Copyright Act is replaced by the following: Prohibition (6) A member of the Board shall not be employed in the public service within the meaning of the Public Service Labour Relations Act during the member’s term of office. 1992, c. 20 Corrections and Conditional Release Act 1995, c. 42, s. 26(2) 155. The definition ‘‘working day’’ in subsection 99(1) of the Corrections and Conditional Release Act is replaced by the following: ‘‘working day’’ « jour ouvrable » ‘‘working day’’ means a day on which offices in the federal public administration are generally open in the province in question. 2002, c. 8 Courts Administration Service Act 156. Section 3 of the English version of the Courts Administration Service Act is replaced by the following: Establishment of Service 3. The Courts Administration Service (in this Act referred to as the ‘‘Service’’), consisting of the Chief Administrator of the Service and employees of the Service, is hereby established as a portion of the federal public administration. 157. Subsection 6(2) of the English version of the Act is replaced by the following: Compensation (2) The Chief Administrator is deemed to be a person employed in the public service for the purposes of the Public Service Superannuation Act and to be employed in the federal public administration for the purposes of the Government Employees Compensation Act and any regulations made under section 9 of the Aeronautics Act. ��� R.S., c. D-1 C. 22 Public Service M Defence Production Act 158. Subsection 10(1) of the English version of the Defence Production Act is replaced by the following: Powers relating to all departments 10. (1) Subject to this Act, the Minister may exercise the powers conferred by this Act on the Minister in relation to defence supplies or defence projects required for the purposes of any department in, or portion of, the federal public administration. 2000, c. 31, s. 5 159. Paragraph 36(a) of the English version of the Act is replaced by the following: (a) occupies a position in the federal public administration, including a position in a federal Crown corporation, or is employed by Her Majesty in right of a province, who acts in good faith in the course of their duties and employment; or 1996, c. 11 Department of Human Resources Development Act 160. Paragraph 24(1)(d) of the Department of Human Resources Development Act is replaced by the following: (d) is deemed to be a person employed in the public service for the purposes of the Public Service Superannuation Act and a person employed in the federal public administration for the purposes of the Government Employees Compensation Act and any regulations made under section 9 of the Aeronautics Act; and R.S., c. V-1; 2000, c. 34, par. 95(a)(F) Department of Veterans Affairs Act 2000, c. 34, s. 14 161. Paragraph 6(2)(a) of the Department of Veterans Affairs Act is replaced by the following: (a) a department in, or other portion of, the federal public administration specified in Schedule I, IV or V to the Financial Administration Act, or 2002-2003 R.S., c. D-2 Modernisation de la Diplomatic Service (Special) Superannuation Act 162. Subsection 7(1) of the English version of the Diplomatic Service (Special) Superannuation Act is replaced by the following: Service prior to Public Office 1995, c. 44 7. (1) A person who immediately prior to his appointment to a Public Office was employed in the federal public administration and was in receipt of a salary for that employment but was not a contributor under the Civil Service Superannuation Act or the Public Service Superannuation Act, or who immediately prior to his appointment to a Public Office was a judge of a superior, district or county court in Canada, may, for the purposes of this Act, count the whole or any part of his service in the federal public administration or as a judge, in this section called ‘‘prior service’’, as service in a Public Office, if within one year after his appointment to the Public Office that person elects to contribute under this Act in respect of that prior service. Employment Equity Act 163. (1) Paragraphs 4(1)(b) and (c) of the Employment Equity Act are replaced by the following: (b) the portions of the federal public administration set out in Schedule I or IV to the Financial Administration Act; (c) the portions of the federal public administration set out in of Schedule V to the Financial Administration Act that employ one hundred or more employees; and (2) Paragraphs 4(2)(b) and (c) of the Act are replaced by the following: (b) the Royal Canadian Mounted Police is deemed not to be included in Schedule IV to the Financial Administration Act; and (c) civilian employees appointed or employed in accordance with section 10 of the Royal Canadian Mounted Police Act are ��� C. 22 Public Service M deemed to be included in Schedule IV to the Financial Administration Act. (3) Subsection 4(4) of the Act is replaced by the following: Responsibilities of Treasury Board and Public Service Commission (4) The Treasury Board and the Public Service Commission, each acting within the scope of its powers, duties and functions under the Financial Administration Act and the Public Service Employment Act, are responsible for carrying out the obligations of an employer under this Act in relation to employees employed in those portions of the federal public administration referred to in paragraph (1)(b). (4) Subsection 4(7) of the English version of the Act is replaced by the following: Delegation by Treasury Board and Public Service Commission (7) The Treasury Board and the Public Service Commission may, for the purpose of carrying out their obligations under this Act in relation to a portion of the federal public administration or other portion of the public sector referred to in subsection (1), authorize the chief executive officer or deputy head concerned to exercise, in relation to that portion, any of the powers and perform any of the functions of the Treasury Board or the Public Service Commission, as the case may be, referred to in this section. 164. Paragraph 8(4)(b) of the Act is replaced by the following: (b) workforce adjustment measures established by the Treasury Board, including measures set out in agreements relating to workforce adjustment, or by the Public Service Commission or any other portion of the public sector referred to in paragraphs 4(1)(c) and (d). 165. (1) Subsection 21(1) of the Act is replaced by the following: Report of Treasury Board 21. (1) The President of the Treasury Board shall, in each fiscal year, cause to be laid before each House of Parliament a report in respect of the state of employment equity in the portions of the federal public administration referred to in paragraph 4(1)(b) during the immediately preceding fiscal year. 2002-2003 Modernisation de la (2) Subparagraphs 21(2)(a)(i) and (ii) of the English version of the Act are replaced by the following: (i) the number of employees employed in each portion of the federal public administration referred to in paragraph 4(1)(b) and the number of persons who are members of each designated group so employed, (ii) the total number of employees employed in all portions of the federal public administration referred to in paragraph 4(1)(b) in each province and in the National Capital Region and the number of persons who are members of each designated group so employed, R.S., c. F-4; 1993, c. 3, s. 2 Farm Products Agencies Act 166. Section 14 of the English version of the Farm Products Agencies Act is replaced by the following: Superannuation R.S., c. F-7 1990, c. 8, s. 8 14. Any member of the Council who, under the terms of his appointment, is required to devote the whole of his time to the performance of his duties as a member is deemed to be employed in the public service for the purposes of the Public Service Superannuation Act and to be employed in the federal public administration for the purposes of the Government Employees Compensation Act and any regulations made under section 9 of the Aeronautics Act. Federal Court Act 167. Paragraph 28(1)(i) of the English version of the Federal Court Act is replaced by the following: (i) the Public Service Labour Relations Board established by the Public Service Labour Relations Act; R.S., c. F-11 Financial Administration Act 168. The reference to ‘‘Public Service Staff Relations Board’’ in column I of Schedule I.1 to the Financial Administration Act is replaced by a reference to ‘‘Public Service Labour Relations Board’’. ��� 2001, c. 9 C. 22 Public Service M Financial Consumer Agency of Canada Act 169. Subsection 4(7) of the English version of the Financial Consumer Agency of Canada Act is replaced by the following: Deemed employment (7) The Commissioner and any person appointed under subsection (4) are deemed to be employed in the public service for the purposes of the Public Service Superannuation Act and to be employed in the federal public administration for the purposes of the Government Employees Compensation Act and any regulations made under section 9 of the Aeronautics Act. 170. Subsections 11(1) and (2) of the Act are replaced by the following: Responsibility for human resources management 11. (1) In respect of persons appointed under sections 8 and 10, the Commissioner is authorized to exercise the powers and perform the functions of the Treasury Board that relate to human resources management within the meaning of paragraphs 7(1)(b) and (e) and section 11.1 of the Financial Administration Act, and those of deputy heads under subsection 12(2) of that Act, as that subsection reads without regard to any terms and conditions that the Governor in Council may direct, including the determination of terms and conditions of employment and the responsibility for employer and employee relations. Delegation of powers (2) The Commissioner may authorize any person employed in the federal public administration to exercise and perform, in any manner and subject to any terms and conditions that the Commissioner directs, any of the powers and functions of the Commissioner in relation to human resources management in the public service and may, from time to time as the Commissioner sees fit, revise or rescind and reinstate the authority so granted. 2002-2003 R.S., c. 24 (3rd Supp.), Part III Modernisation de la Hazardous Materials Information Review Act 171. Subsection 39(2) of the English version of the Hazardous Materials Information Review Act is replaced by the following: President and employees 2001, c. 27 (2) The President and the employees appointed under section 38 are deemed to be employed in the public service for the purposes of the Public Service Superannuation Act and to be employed in the federal public administration for the purposes of the Government Employees Compensation Act and any regulations made under section 9 of the Aeronautics Act. Immigration and Refugee Protection Act 172. Subparagraphs 28(2)(a)(iii) and (iv) of the English version of the Immigration and Refugee Protection Act are replaced by the following: (iii) outside Canada employed on a full-time basis by a Canadian business or in the federal public administration or the public service of a province, (iv) outside Canada accompanying a permanent resident who is their spouse or common-law partner or, in the case of a child, their parent and who is employed on a full-time basis by a Canadian business or in the federal public administration or the public service of a province, or 173. Paragraph 153(1)(f) of the Act is replaced by the following: (f) are deemed to be employed in the public service for the purposes of the Public Service Superannuation Act and in the federal public administration for the purposes of the Government Employees Compensation Act and any regulations made under section 9 of the Aeronautics Act; ��� R.S., c. I-11 C. 22 Public Service M Inquiries Act 174. Section 6 of the Inquiries Act is replaced by the following: Appointment of commissioners R.S., c. N-8 6. The minister presiding over any department in the federal public administration may appoint, under the authority of the Governor in Council, a commissioner or commissioners to investigate and report on the state and management of the business, or any part of the business, of the department, either in the inside or outside service thereof, and the conduct of any person in that service, so far as the same relates to the official duties of the person. National Film Act 175. Subsection 13(1) of the English version of the National Film Act is replaced by the following: Plan of organization 13. (1) The Board may, with the approval of the Treasury Board obtained on the recommendation of the Minister, formulate a plan of organization for the establishment and classification of the continuing positions necessary for the proper functioning of the Board and the establishment of rates of compensation for each class of position, having regard to the rates of compensation and conditions of employment for comparable positions outside the federal public administration and in other branches of the federal public administration. R.S., c. 15 (4th Supp.) Non-smokers’ Health Act 1989, c. 7, s. 1 176. Paragraphs (a) and (b) of the definition ‘‘employer’’ in subsection 2(1) of the Non-smokers’ Health Act are replaced by the following: (a) the Treasury Board, in relation to employees in any portion of the federal public administration specified in Schedule I or IV to the Financial Administration Act, (b) a separate agency named in Schedule V to the Financial Administration Act, in relation to employees of that separate agency, 2002-2003 R.S., c. 18 (3rd Supp.), Part I Modernisation de la Office of the Superintendent of Financial Institutions Act 177. Section 13 of the Office of the Superintendent of Financial Institutions Act is replaced by the following: Responsibility for human resources management 13. In respect of persons appointed under section 11, the Superintendent is authorized to exercise the powers and perform the functions of the Treasury Board that relate to human resources management within the meaning of paragraphs 7(1)(b) and (e) and section 11.1 of the Financial Administration Act, and those of deputy heads under subsection 12(2) of that Act, as that subsection reads without regard to any terms and conditions that the Governor in Council may direct, including the determination of terms and conditions of employment and the responsibility for employer and employee relations. R.S., c. O-9 Old Age Security Act 1997, c. 40, s. 102 178. The definition ‘‘federal institution’’ in subsection 33(1) of the Old Age Security Act is replaced by the following: ‘‘federal institution’’ « institution fédérale » ‘‘federal institution’’ means a department or any other body referred to in Schedule I, I.1, II or III to the Financial Administration Act. 1995, c. 33, s. 24 179. Subsection 38(2) of the Act is replaced by the following: Acceptance of oaths, etc. (2) The Minister may accept, for the purposes of the administration of this Act or the regulations, any oath administered or affidavit, declaration or solemn affirmation given by any officer or employee of any department in, or other portion of, the federal public administration specified in Schedule I, IV or V to the Financial Administration Act or of any department of the government of a province who has all the powers of a commissioner for taking affidavits. ��� 1998, c. 31 C. 22 Public Service M Parks Canada Agency Act 180. Subsection 13(3) of the Parks Canada Agency Act is replaced by the following: Human resources management (3) Subsections 11.1(1) and 12(2) of the Financial Administration Act do not apply with respect to the Agency and the Chief Executive Officer may (a) determine the organization of and classify the positions in the Agency; (b) set the terms and conditions of employment, including termination of employment for cause, for employees and assign duties to them; and (c) provide for any other matters that the Chief Executive Officer considers necessary for effective human resources management in the Agency. 181. Section 15 of the Act is replaced by the following: Negotiation of collective agreements R.S., c. 33 (2nd Supp.) 15. Notwithstanding section 112 of the Public Service Labour Relations Act, the Chief Executive Officer may, in accordance with the negotiating mandate approved by the President of the Treasury Board, enter into a collective agreement with the bargaining agent for a bargaining unit composed of employees that is applicable to employees in that bargaining unit. Parliamentary Employment and Staff Relations Act 182. (1) The definition ‘‘Deputy Chairman’’ in section 3 of the Parliamentary Employment and Staff Relations Act is repealed. (2) The definitions ‘‘Chairman’’ and ‘‘Vice-Chairman’’ in section 3 of the English version of the Act are repealed. (3) The definition ‘‘Board’’ in section 3 of the Act is replaced by the following: ‘‘Board’’ « Commission » ‘‘Board’’ means the Public Service Labour Relations Board established under section 12 of the Public Service Labour Relations Act; 2002-2003 Modernisation de la (4) The definition ‘‘vice-président’’ in section 3 of the French version of the Act is replaced by the following: « vice-président » ‘‘Vice-Chairperson’’ « vice-président » Un vice-président de la Commission. (5) Section 3 of the English version of the Act is amended by adding the following in alphabetical order: ‘‘Chairperson’’ « président » ‘‘Chairperson’’ means the Chairperson of the Board. ‘‘Vice-Chairperson’’ « vice-président » ‘‘Vice-Chairperson’’ means a Vice-Chairperson of the Board. 183. The headings before section 9 of the English version of the Act are replaced by the following: DIVISION I PUBLIC SERVICE LABOUR RELATIONS BOARD Public Service Labour Relations Act Provisions 184. The portion of section 9 of the Act before paragraph (a) is replaced by the following: Application of Public Service Labour Relations Act 9. Unless otherwise provided in this Part, the provisions the Public Service Labour Relations Act respecting the Public Service Labour Relations Board apply also in respect of this Part except that, for the purpose of that application, 185. Section 11 of the Act is replaced by the following: Delegation by Board 11. (1) The Board may authorize the Chairperson to exercise any of its powers or perform any of its functions, other than the power to make regulations of general application under section 12. Delegation by Chairperson (2) The Chairperson may authorize a ViceChairperson to exercise any of the Chairperson’s powers or perform any of the Chairperson’s functions, including powers or functions delegated to the Chairperson by the Board. 1999, c. 26, s. 18 186. Section 53.1 of the Act is repealed. ��� Replacement of ‘‘Chairman’’ C. 22 Public Service M 187. (1) The English version of the Act is amended by replacing every reference to ‘‘Chairman’’ with a reference to ‘‘Chairperson’’ in the following provisions: (a) the definition ‘‘conciliator’’ in section 3; (b) sections 40 and 41; (c) subsection 49(1); and (d) paragraph 66(3)(b). Replacement of ‘‘chairman’’ (2) The English version of the Act is amended by replacing every reference to ‘‘chairman’’ with a reference to ‘‘chairperson’’ in paragraph 65(1)(a) and subsection 68(3). R.S., c. P-6 Pension Act 2000, c. 34, s. 39 188. Paragraph 87(3)(a) of the Pension Act is replaced by the following: (a) a department in, or other portion of, the federal public administration specified in Schedule I, IV or V to the Financial Administration Act, or R.S., c. P-21 Privacy Act 189. The reference to ‘‘Public Service Staff Relations Board’’ in the schedule to the Privacy Act is replaced by a reference to ‘‘Public Service Labour Relations Board’’. 2000, c. 17; 2001, c. 41, s. 48 Proceeds of Crime (Money Laundering) and Terrorist Financing Act 190. Subsection 49(3) of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act is replaced by the following: 2002-2003 Human resources management Modernisation de la (3) Subsections 11.1(1) and 12(2) of the Financial Administration Act do not apply to the Centre, and the Director may (a) determine the organization of and classify the positions in the Centre; (b) set the terms and conditions of employment for employees, including termination of employment for cause, and assign to them their duties; (c) notwithstanding section 112 of the Public Service Labour Relations Act, in accordance with the mandate approved by the Treasury Board, fix the remuneration of the employees of the Centre; and (d) provide for any other matters that the Director considers necessary for effective human resources management in the Centre. 191. Section 51 of the Act is replaced by the following: Authority to provide services 51. When a department in, or other portion of, the federal public administration specified in Schedule I, IV or V to the Financial Administration Act is authorized to provide services to another department in or portion of the federal public administration specified in one of those Schedules, it may enter into an agreement to provide those services to the Centre if it considers it appropriate to do so. R.S., c. P-33 Public Service Employment Act 192. The long title of the Public Service Employment Act is replaced by the following: An Act respecting public service employment in the 193. (1) The definition ‘‘department’’ in subsection 2(1) of the Act is replaced by the following: ‘‘department’’ « ministère » ‘‘department’’ means (a) a department named in Schedule I to the Financial Administration Act, (b) any other portion of the federal public administration named in Schedule IV or V to that Act that is designated by the Governor in Council as a department for the purposes of this Act, and ��� C. 22 Public Service M (c) any part of a portion of the federal public administration named in Schedule I, IV or V to that Act that is designated by the Governor in Council as a department for the purposes of this Act; (2) Paragraphs (b) and (c) of the definition ‘‘deputy head’’ in subsection 2(1) of the Act are replaced by the following: (b) in relation to any portion or part of a portion of the federal public administration designated under the definition ‘‘department’’, the person that the Governor in Council may designate as the deputy head for the purposes of this Act, and (c) in relation to any portion of the federal public administration named in Schedule IV or V to the Financial Administration Act to which the Commission has the exclusive right and authority to appoint persons, its chief executive officer or, if there is no chief executive officer, the person that the Governor in Council may designate as the deputy head for the purposes of this Act; (3) The definition ‘‘Public Service’’ in subsection 2(1) of the English version of the Act is replaced by the following: ‘‘public service’’ « fonction publique » ‘‘public service’’ has the same meaning as in the Public Service Labour Relations Act. 1992, c. 54, s. 2(3) (4) Subsection 2(2) of the English version of the Act is replaced by the following: Presumption (2) For the purpose of being eligible to enter competitions and for the purposes of section 11, persons not otherwise employed in the public service who are employees in any portion of the federal public administration designated pursuant to subsection 37(2) are deemed to be persons employed in the public service. (5) Subsection 2(3) of the Act is replaced by the following: 2002-2003 References Modernisation de la (3) Unless the context otherwise requires, (a) a reference in this Act to a deputy head in relation to an employee shall be construed as a reference to the deputy head of the department or the deputy head in relation to the portion of the federal public administration named in Schedule IV or V to the Financial Administration Act, as the case may be, in which the employee is employed; and (b) a reference in this Act to a deputy head in relation to a department or other portion of the federal public administration named in Schedule IV or V to the Financial Administration Act is to be construed as a reference to the deputy head of that department or the deputy head in relation to that portion of the federal public administration, as the case may be, to which the context extends. 1992, c. 54, s. 2(4) (6) Subsection 2(5) of the Act is replaced by the following: References (5) A reference in subsection (4), section 5.1, subsections 12(5), 17(1.1), 34.2(1) and 34.3(1) and (3) and section 37.1 to the Treasury Board or the public service shall, in the case of any portion of the federal public administration named in Schedule V to the Financial Administration Act for which appointments are made in accordance with this Act, be construed, respectively, as a reference to the separate agency concerned within the meaning of that Act and as a reference to that portion of the federal public administration. 194. Subsection 6(6) of the Act is replaced by the following: Acting deputy head (6) In the absence of the deputy head, the person designated by the deputy head to act in his or her absence or, if no person has been so designated or there is no deputy head, the person designated by the person who under the Financial Administration Act is the appropriate Minister with respect to the department in, or other portion of, the federal public administration named in Schedule IV or V to that Act, or any other person that may be designated by the Governor in Council, has the powers, functions and duties of the deputy head. ��� C. 22 Public Service M 1992, c. 54, s. 11; 1999, c. 31, s. 182(E) 195. Subsection 12(5) of the English version of the Act is replaced by the following: Consultation (5) The Commission shall, on request or where, in the opinion of the Commission, consultation is necessary or desirable, consult with representatives of the Treasury Board or any employee organization certified as a bargaining agent under the Public Service Labour Relations Act with respect to the standards that may be established by the Commission under subsection (1) or the principles governing promotion, lay-off or priorities of entitlement to appointment. 196. Section 20 of the Act is replaced by the following: Language 20. Employees appointed to serve in the public service shall be qualified in the knowledge and use of the English or French language or both, to the extent that the Commission considers necessary in order that the functions of the department, portion or part of the public service in which they are employed can be performed adequately and effective service can be provided to the public. 1996, c. 18, s. 15 197. Subsection 21(5) of the Act is replaced by the following: Exception (5) Section 10 and the rights of appeal provided by this section do not apply to appointments made under subsection 29(1.1) or (3), section 29.1 or subsection 30(1) or (2) or 39(3) or any regulations made under paragraph 35(2)(a). 1992, c. 54, s. 16 198. Section 21.1 of the Act is replaced by the following: Appeal to Federal Court of Appeal 21.1 Notwithstanding the Federal Court Act, an application to the Federal Court— Trial Division for relief under section 18 or 18.1 of that Act against a decision of a board established under subsection 21(1) or (1.1) shall be transferred to the Federal Court of Appeal if the parties to that application so agree or if the Federal Court of Appeal, on application by any of those parties, so orders on the basis that the sound administration of that part of the public service over which the deputy head concerned has jurisdiction would be unduly prejudiced by delay if the matter 2002-2003 Modernisation de la were heard and determined by the Federal Court—Trial Division and subject to an appeal to the Federal Court of Appeal. 1992, c. 54, s. 16 199. Subsection 21.2(2) of the Act is replaced by the following: Restriction (2) No person appointed under subsection (1) may work in any particular department, or in any portion of the federal public administration named in Schedule IV or V to the Financial Administration Act, on more than one hundred and twenty-five days in any year. 1996, c. 18, s. 16 200. Subsection 29(1) of the Act is replaced by the following: Laying off employees 29. (1) Where the services of an employee are no longer required by reason of lack of work, the discontinuance of a function or the transfer of work or a function outside those portions of the federal public administration named in Schedule I, IV or V to the Financial Administration Act, otherwise than where the employment of the employee is terminated in the circumstances referred to in paragraph 12(1)(f) of that Act, the deputy head, in accordance with the regulations of the Commission, may lay off the employee. 201. The Act is amended by adding the following after section 29: Appointments 29.1 A person employed in the public service who does not accept an offer of employment made in the circumstances referred to in paragraph 12(1)(f) of the Financial Administration Act that is a reasonable job offer within the meaning of any agreement respecting work force adjustment, or who accepts an offer of employment that is not a reasonable job offer within that meaning, is entitled to be appointed to a position and to enter any competition in respect of a position as if the person had been laid off in accordance with section 29. 202. Paragraph 36(1)(b) of the Act is replaced by the following: (b) notwithstanding any other Act, applying all or any of the provisions of this Act that do not otherwise apply, including the provisions relating to appointments, to any portion or part of any portion of the federal public administration named in Schedule I, ��� C. 22 Public Service M IV or V to the Financial Administration Act; and 1992, c. 54, s. 24 203. Subsection 37(2) of the English version of the Act is replaced by the following: Designation (2) The Governor in Council, on the recommendation of the Commission, may designate any portion of the federal public administration for the purposes of subsection 2(2). 1992, c. 54, s. 25 204. Subsection 37.1(3) of the English version of the Act is replaced by the following: Consultation (3) The Treasury Board shall, on request or where, in its opinion, consultation is necessary or desirable, consult with representatives of the Commission or any employee organization certified as a bargaining agent under the Public Service Labour Relations Act with respect to any regulations that may be made under this section. 1995, c. 17, s. 10 205. Subsection 37.3(3) of the Act is replaced by the following: Definition of ‘‘Public Service’’ (3) In this section, ‘‘Public Service’’ means the departments and other portions of the federal public administration named in Schedule IV to the Financial Administration Act. 206. The English version of the Act is amended by replacing the expression ‘‘Public Service’’ with the expression ‘‘public service’’ in the following provisions: (a) the definitions ‘‘closed competition’’, ‘‘employee’’ and ‘‘open competition’’ in subsection 2(1); (b) subsection 3(7); (c) paragraphs 5(a), (b) and (f); (d) subsections 5.1(1), (2), (4) and (5); (e) subsections 6(2) and (3); (f) section 8; (g) subsection 10(1); (h) section 11; (i) subsection 12(1); (j) subsection 17(5); 2002-2003 Modernisation de la (k) section 19; (l) subsections 21(1.1) and (2.1); (m) subsections 21.2(1) and (4); (n) section 23; (o) section 26; (p) subsection 28(1); (q) subsections 29(1.1), (3) and (5); (r) subsections 30(1) to (4); (s) subsection 33(3); (t) subsection 34.1(1); (u) paragraphs 35(2)(a), (c), (d) and (e); (v) section 37.2; (w) subsections 39(3), (4) and (5); (x) section 40.1; (y) subsection 41(1); (z) section 43; (z.1) section 47.1; and (z.2) Schedule III. R.S., c. P-34 Public Service Rearrangement and Transfer of Duties Act 207. Paragraph 2(a) of the Public Service Rearrangement and Transfer of Duties Act is replaced by the following: (a) transfer any powers, duties or functions or the control or supervision of any portion of the federal public administration from one minister to another, or from one department in, or portion of, the federal public administration to another; or 208. Section 3 of the Act is replaced by the following: Duties and powers of minister and department 3. Where under this Act, or under any other lawful authority, any power, duty or function, or the control or supervision of any portion of the federal public administration, is transferred from one minister to another, or from one department in, or portion of, the federal public administration to another, the minister, department, or portion to whom or which the power, duty, function, control or supervision is transferred, and the appropriate officers of ��� C. 22 Public Service M that department or portion, shall, in relation thereto, be substituted for and have and carry out the respective powers and duties that formerly belonged to or were to be carried out by the minister, department or portion and the respective officers of the department or portion from whom or which the power, duty, function, control or supervision is so transferred. R.S., c. P-36 Public Service Superannuation Act 209. The long title of the Public Service Superannuation Act is replaced by the following: An Act to provide for the superannuation of persons employed in the public service 1996, c. 18, s. 21 210. The definition ‘‘Public Service’’ in subsection 3(1) of the English version of the Act is replaced by the following: ‘‘public service’’ « fonction publique » ‘‘public service’’ means the several positions in or under any department or portion of the executive government of Canada, except those portions of departments or portions of the executive government of Canada prescribed by the regulations and, for the purposes of this Part, of the Senate and House of Commons, the Library of Parliament and any board, commission, corporation or portion of the federal public administration specified in Schedule I; 211. (1) Paragraph 42(1)(ii) of the English version of the Act is replaced by the following: (ii) determining, for greater certainty, the portions of the federal public administration and the positions in the federal public administration that form or did form part of the public service or Civil Service, and providing for the amendment of Schedule I for that purpose by the addition to Part II or III of that Schedule of any of those portions; (2) Paragraph 42(9)(b) of the English version of the Act is replaced by the following: (b) providing, except in the case of a person who has ceased to be employed in the public service, for which case the regulations may otherwise provide, that this Part shall apply 2002-2003 Modernisation de la as though the period were a period of service in a portion of the federal public administration that was added to Schedule I on a day specified in the regulations. 212. The heading of Part II of Schedule I to the English version of the Act is replaced by the following: Portions of the federal public administration declared for greater certainty to be part of the public service 213. The reference to ‘‘Public Service Staff Relations Board’’ in Part II of Schedule I to the Act is replaced by a reference to ‘‘Public Service Labour Relations Board’’. 214. The heading of Part III of Schedule I to the English version of the Act is replaced by the following: Boards, Commissions, Corporations and portions of the Federal Public Administration deemed to have formed part of the Public Service R.S., c. S-21 Publication of Statutes Act 215. Section 7 of the English version of the Publication of Statutes Act is replaced by the following: Certified copies of Acts 7. The Clerk of the Parliaments shall furnish certified copies of any of the Acts mentioned in section 3 to any department of the federal public administration or the public service of any province or to any person applying for a copy, and on every certified copy shall, before delivering it, receive a fee of two dollars, in addition to the cost of the printed copy, if a printed copy is furnished, or in addition to a fee of ten cents for every hundred words in the copy, if the copy furnished is not printed. R.S., c. R-10 Royal Canadian Mounted Police Act R.S., c. 8 (2nd Supp.), s. 16 216. Subsection 25(9) of the English version of the Royal Canadian Mounted Police Act is replaced by the following: Benefits of full-time members (9) The full-time members of the Committee are deemed to be employed in the public service for the purposes of the Public Service Superannuation Act and to be employed in the federal public administration for the purposes ��� C. 22 Public Service M of the Government Employees Compensation Act and any regulations made under section 9 of the Aeronautics Act. R.S., c. 8 (2nd Supp.), s. 16 217. Subsection 45.29(12) of the English version of the Act is replaced by the following: Benefits of full-time members (12) The full-time members of the Commission are deemed to be employed in the public service for the purposes of the Public Service Superannuation Act and to be employed in the federal public administration for the purposes of the Government Employees Compensation Act and any regulations made under section 9 of the Aeronautics Act. R.S., c. R-11 Royal Canadian Mounted Police Superannuation Act 218. Clause 6(b)(ii)(G) of the English version of the Royal Canadian Mounted Police Superannuation Act is replaced by the following: (G) any period of service during which he was employed in the public service on a full-time basis and was in receipt of salary, if he or she elects, within one year of becoming a contributor under this Part, to pay for that service, and any period of service with any board, commission, corporation or portion of the federal public administration that is added to Schedule I to the Public Service Superannuation Act after April 1, 1960, during which he or she was employed on a full-time basis and was in receipt of salary, if he or she elects, within one year of such addition, to pay for that service, 1997, c. 37 Saguenay-St. Lawrence Marine Park Act 219. Paragraph 23(4)(b) of the English version of the Saguenay-St. Lawrence Marine Park Act is replaced by the following: (b) anything seized from the accused under this Act relating to the offence described in the ticket, or any proceeds realized from its disposition, is forfeited to Her Majesty in right of Canada or in right of Quebec, depending on whether the peace officer, 2002-2003 Modernisation de la park warden or enforcement officer who completed the ticket is a member of the federal public administration or the public service of Quebec. 1992, c. 33 Status of the Artist Act 220. Paragraph 9(3)(a) of the English version of the Status of the Artist Act is replaced by the following: (a) employees, within the meaning of the Public Service Labour Relations Act, including those determined to be employees by the Public Service Labour Relations Board, and members of a bargaining unit that is certified by that Board; or 221. Subsection 12(2) of the English version of the Act is replaced by the following: Members deemed public servants (2) The full-time members of the Tribunal are deemed to be employed in the public service for the purposes of the Public Service Superannuation Act and in the federal public administration for the purposes of the Government Employees Compensation Act and regulations made under section 9 of the Aeronautics Act. R.S., c. W-3 War Veterans Allowance Act 2000, c. 34, s. 82 222. Paragraph 29(3)(a) of the War Veterans Allowance Act is replaced by the following: (a) a department in, or other portion of, the federal public administration specified in Schedule I, IV or V to the Financial Administration Act, or ��� C. 22 Public Service M Terminology Changes Replacement of ‘‘Public Service Staff Relations Act’’ 223. Every reference to the Public Service Staff Relations Act is replaced by a reference to the Public Service Labour Relations Act in the English version of the following provisions: (a) paragraph 47.1(b) of the Canada Labour Code; (b) section 138 of the Canada Marine Act; (c) subsection 16(3) of the Canadian Space Agency Act; (d) subsection 13(2) of the Parks Canada Agency Act; and (e) subsection 49(2) of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act. Replacement of ‘‘public service of Canada’’ 224. The expression ‘‘public service of Canada’’ is replaced by the expression ‘‘federal public administration’’ wherever it occurs in the English version of the following provisions: (a) subsections 55(4) and 57(4) of the Access to Information Act; (b) subsection 2(3) of the Airport Transfer (Miscellaneous Matters) Act; (c) section 27 of the Asia-Pacific Foundation of Canada Act; (d) section 12 of the Auditor General Act; (e) subsection 17(2) of the British Columbia Treaty Commission Act; (f) subsection 17(4) of the Budget Implementation Act, 1997; (g) subsection 16(4) of the Budget Implementation Act, 1998; (h) subsections 5(2) and 13(1) of the Business Development Bank of Canada Act; (i) subsections 4.2(1) and 6(4) and paragraph 7(a) of the Canada Agricultural Products Act; (j) section 12 of the Canada Council for the Arts Act; (k) sections 21 and 66 of the Canada Customs and Revenue Agency Act; 2002-2003 Modernisation de la (l) paragraph 5(1.1)(a) and subsections 44(1) and 45(2) of the Canada Deposit Insurance Corporation Act; (m) subsection 17(4) of the Canada Foundation for Sustainable Development Technology Act; (n) subsections 21(1) to (3), paragraphs 22(a) and 35(2)(b) and (3)(b), subsection 36(2) and paragraph 37(a) of the Canada Grain Act; (o) section 12.05, subsections 47(3) and (6), sections 47.2, 116 and 119, subsection 120(1), paragraph 120(2)(c) and subsection 120(3) of the Canada Labour Code; (p) subsection 6(7), the portion of subsection 8(1) before paragraph (a) and subsections 8(2) and (3) of the Canada Mortgage and Housing Corporation Act; (q) section 19 and subsection 23(2) of the Canada National Parks Act; (r) subsections 6(1) and 7(3) and (4) of the Canada Oil and Gas Operations Act; (s) subsection 3(3) of the Canada Pension Plan Investment Board Act; (t) subsections 6(5) and 13(1), (3) and (4) of the Canada Post Corporation Act; (u) subsection 529(3) and section 532 of the Canada Shipping Act; (v) subsection 10(5), paragraph 27(4)(a) and subsection 126(2) of the Canada Shipping Act, 2001; (w) subsections 12(3) and 157.1(2) of the Canada Transportation Act; (x) subsection 16(1) of the Canada Water Act; (y) paragraph 11.3(2)(a) and subparagraph 19(4)(b)(i) of the Canada Wildlife Act; (z) section 19 of the Canadian Association of Former Parliamentarians Act; (z.1) subsections 23(1) and (3) of the Canadian Centre for Occupational Health and Safety Act; (z.2) section 26 of the Canadian Centre on Substance Abuse Act; ��� C. 22 Public Service M (z.3) subsection 3.1(2) of the Canadian Commercial Corporation Act; (z.4) section 16 of the Canadian Food Inspection Agency Act; (z.5) subsection 17(1) of the Canadian Heritage Languages Institute Act; (z.6) subsections 28(1) and 48.6(3) of the Canadian Human Rights Act; (z.7) paragraph 13(b), subsection 22(2) and section 28 of the Canadian Institutes of Health Research Act; (z.8) subsection 45(1) and section 49 of the Canadian International Trade Tribunal Act; (z.9) subsection 6(3) of the Canadian Polar Commission Act; (z.10) subsection 17(2) of the Canadian Race Relations Foundation Act; (z.11) subsection 9(2) of the Canadian Radio-television and Telecommunications Commission Act; (z.12) paragraphs 19(2)(d) and 29(e) of the Canadian Security Intelligence Service Act; (z.13) section 25 of the Canadian Tourism Commission Act; (z.14) subsection 4(9) of the Canadian Transportation Accident Investigation and Safety Board Act; (z.15) subsection 30(2) of the Cape Breton Development Corporation Act; (z.16) the definition ‘‘National Authority’’ in subsection 2(1), subsection 3(1) and paragraph 11(a) of the Chemical Weapons Convention Implementation Act; (z.17) section 5 of the Civil Service Insurance Act; (z.18) subsection 104.1(15) of the Competition Act; (z.19) subsection 6(3) of the Competition Tribunal Act; (z.20) paragraph 66(7)(b) of the Copyright Act; 2002-2003 Modernisation de la (z.21) subsection 163(3) of the Corrections and Conditional Release Act; (z.22) subsection 162(3) of the Cree-Naskapi (of Quebec) Act; (z.23) paragraph 117.07(2)(g) of the Criminal Code; (z.24) section 9 of the Department of Foreign Affairs and International Trade Act; (z.25) subsections 14(2) and 19(2) of the Department of Human Resources Development Act; (z.26) subsection 16(2) of the Department of Industry Act; (z.27) paragraph 7(1)(a) and section 12 of the Department of Public Works and Government Services Act; (z.28) section 6.8 of the Department of Veterans Affairs Act; (z.29) section 8 of the Diplomatic Service (Special) Superannuation Act; (z.30) section 12 of the Electoral Boundaries Readjustment Act; (z.31) section 43 of the Employment Equity Act; (z.32) subsection 8(1) of the Energy Supplies Emergency Act; (z.33) subsection 41(2) of the Enterprise Cape Breton Corporation Act; (z.34) section 5 and subsection 9(1) of the Export Development Act; (z.35) subsection 5(1) and section 26 of the Farm Products Agencies Act; (z.36) paragraph (b) of the definition ‘‘department’’ in section 2 of the Federal Real Property and Federal Immovables Act; (z.37) paragraph (a.1) of the definition ‘‘appropriate Minister’’, paragraph (a.1) of the definition ‘‘department’’ and the definition ‘‘public officer’’ in section 2, paragraph 3(1)(a), subsections 3(1.1) to (1.3), paragraphs 7(1)(a) and (b) and 10(b) and (f), section 28, subsections 30(4) and 34(1), the heading of column I in ��� C. 22 Public Service M Schedule I.1 and the reference to ‘‘Registrar of the Supreme Court of Canada and that portion of the public service of Canada appointed under subsection 12(2) of the Supreme Court Act’’ in column I of Schedule I.1 to the Financial Administration Act; (z.38) subparagraph 85(1)(a)(iii) and clause 117(l)(i)(C) of the Firearms Act; (z.39) subsection 10(2) and section 11 of the Freshwater Fish Marketing Act; (z.40) subsection 5(6) of the Government Corporations Operation Act; (z.41) section 16 of the Government Employees Compensation Act; (z.42) subsections 23(2) and (5) of the International Centre for Human Rights and Democratic Development Act; (z.43) the definition ‘‘public officer’’ in subsection 2(1) of the Interpretation Act; (z.44) subsections 26.1(10), 26.2(2), 75(2) and 76(5) and section 78 of the Judges Act; (z.45) section 78 of the Judges Act, as enacted by section 110 of the Courts Administration Services Act; (z.46) subsection 6(6) of the Labour Adjustment Benefits Act; (z.47) section 17 of the Law Commission of Canada Act; (z.48) section 19 of the Mackenzie Valley Resource Management Act; (z.49) paragraph 9(2)(a) and subparagraph 19(4)(b)(i) of the Migratory Birds Convention Act, 1994; (z.50) section 2, subsections 11(1) and (2) and section 12 of the Ministries and Ministers of State Act; (z.51) subsections 24(2) and (5) of the Museums Act; (z.52) subsection 3(1) of the National Archives of Canada Act; (z.53) subsection 13(2) and section 14 of the National Arts Centre Act; 2002-2003 Modernisation de la (z.54) paragraph (a.1) of the definition ‘‘department’’ in section 2 of the National Capital Act; (z.55) paragraphs 29.16(9)(c), 250.1(10)(c) and 271(1)(a) to (c) and subsection 273.62(1) of the National Defence Act; (z.56) subsection 9(5) of the National Energy Board Act; (z.57) section 6 of the National Film Act; (z.58) section 21 of the National Round Table on the Environment and the Economy Act; (z.59) subsections 12(4) and 19(1) of the Northern Pipeline Act; (z.60) section 11 of the Northwest Territories Waters Act; (z.61) subsection 16(3) of the Nuclear Safety and Control Act; (z.62) subsection 64(3) of the Nunavut Act; (z.63) paragraph 39.3(2)(a) and subparagraph 39.12(4)(b)(i) of the Oceans Act; (z.64) section 9 of the Parks Canada Agency Act; (z.65) subsection 41(2) of the Parliament of Canada Act; (z.66) section 53 of the Parliamentary Employment and Staff Relations Act; (z.67) paragraph (a.1) of the definition ‘‘department’’ in subsection 2(1) and subsection 11.1(5) of the Payments in Lieu of Taxes Act; (z.68) paragraphs 75(1)(b) and 109(2)(c) and section 109.3 of the Pension Act; (z.69) subsection 16(2) of the Pilotage Act; (z.70) sections 44 and 67 of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act; (z.71) section 3 of the Public Officers Act; (z.72) subsection 3(3) of the Public Sector Pension Investment Board Act; (z.73) the long title of the Public Service Rearrangement and Transfer of Duties Act; ��� C. 22 Public Service M (z.74) clause 6(1)(b)(iii)(H) of the Public Service Superannuation Act; (z.75) subsection 18(1) of the Royal Canadian Mint Act; (z.76) the definition ‘‘department’’ in subsection 8(1), paragraph (a) of the definition ‘‘person permanently bound to secrecy’’ in subsection 8(1) and section 9 of the Security of Information Act; (z.77) subsection 84(1) and section 88.1 of the Special Import Measures Act; (z.78) paragraph 3(a), subsection 9(4), section 16 and subsections 17(2) and (3) of the Standards Council of Canada Act; (z.79) subsection 5(2) of the Statistics Act; (z.80) section 63 of the Status of the Artist Act; (z.81) paragraph 39(3)(b) of the Telecommunications Act; (z.82) section 6 of the Telefilm Canada Act; (z.83) subsection 7(3) of the Transportation Appeal Tribunal of Canada Act; (z.84) subsection 11(1) of the Veterans Review and Appeal Board Act; (z.85) section 36.1 of the War Veterans Allowance Act; (z.86) subsection 15(3) of the Yukon Surface Rights Board Act; and (z.87) section 11 of the Yukon Waters Act. 2002-2003 Replacement of ‘‘Public Service’’ Modernisation de la 225. The expression ‘‘Public Service’’ is replaced by the expression ‘‘public service’’ wherever it occurs in the English version of the following provisions, other than in the expressions ‘‘Public Service corporation’’, ‘‘Public Service Employment Act’’, ‘‘Public Service Pension Fund’’ and ‘‘Public Service Superannuation Act’’: (a) subsection 55(3) of the Access to Information Act; (b) subsection 34(2) of the Aeronautics Act; (c) subsection 4(2) of the Auditor General Act; (d) section 11 of the Canada Council for the Arts Act; (e) subsection 45(1) of the Canada Deposit Insurance Corporation Act; (f) section 117 of the Canada Labour Code; (g) subsection 25(4) of the Canada-Newfoundland Atlantic Accord Implementation Act; (h) subsection 26(4) of the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act; (i) paragraphs 4(a) to (e) and 5(a) and subsections 9(2) and 11(2) of the Canada School of Public Service Act; (j) subsections 12(1) and (2) of the Canada Transportation Act; (k) subsection 23(2) of the Canadian Centre for Occupational Health and Safety Act; ��� C. 22 Public Service M (l) the definitions ‘‘pay’’ and ‘‘Public Service’’ in subsection 2(1), subsections 43(1) and 46(1) and paragraph 62(4)(a) of the Canadian Forces Superannuation Act; (m) subsections 10(1) and (2) of the Canadian International Trade Tribunal Act; (n) subsection 9(1) of the Canadian Radiotelevision and Telecommunications Commission Act; (o) subsections 5(2) and 9(2) of the Canadian Security Intelligence Service Act; (p) subsection 4(8) of the Canadian Transportation Accident Investigation and Safety Board Act; (q) subsection 2(4) of the Civil Air Navigation Services Commercialization Act; (r) subsection 26(3) of the Competition Act; (s) paragraph 66(7)(a) and subsection 66.4(2) of the Copyright Act; (t) subsections 153(2) and (4) and 163(2) of the Corrections and Conditional Release Act; (u) subsection 8(2) of the Energy Supplies Emergency Act; (v) subsections 10(2) and 30(3) of the Expropriation Act; (w) subsection 12(5) of the Federal Court Act; (x) section 7 of the Fisheries Prices Support Act; (y) subsection 10(1) of the Freshwater Fish Marketing Act; (z) paragraph 35.1(1)(a) of the Garnishment, Attachment and Pension Diversion Act; (z.1) subsections 5(3) to (5) of the Government Corporations Operation Act; (z.2) subsection 39(1) of the Hazardous Materials Information Review Act; (z.3) section 158 of the Immigration and Refugee Protection Act; 2002-2003 Modernisation de la (z.4) subsection 23(3) of the International Centre for Human Rights and Democratic Development Act; (z.5) subsections 18(1) and (2) of the International Development Research Centre Act; (z.6) paragraph 89(2)(a) of the Marine Liability Act; (z.7) subsection 24(3) of the Museums Act; (z.8) subsection 13(1) of the National Arts Centre Act; (z.9) paragraphs 29.16(9)(a) and 250.1(10)(a) of the National Defence Act; (z.10) subsection 9(2) of the National Energy Board Act; (z.11) subsection 15(4) of the North American Free Trade Agreement Implementation Act; (z.12) subsection 12(3) of the Northern Pipeline Act; (z.13) section 53 of the Official Languages Act; (z.14) section 82 of the Parliamentary Employment and Staff Relations Act; (z.15) subsection 94(2) of the Patent Act; (z.16) subsection 34(3) of the Pension Benefits Standards Act, 1985; (z.17) subsection 54(3) of the Privacy Act; (z.18) paragraph 10(1)(b) of the Public Sector Pension Investment Board Act; (z.19) in the Public Service Superannuation Act, (i) paragraph (a) of the definition ‘‘salary’’ in subsection 3(1), (ii) subsections 3(2) and (5), (iii) subsection 4(1), (iv) subsection 5(1), (v) subsections 5.1(1) and (2), (vi) subsection 5.3(1), (vii) subsections 5.5(1) and (3), (viii) clauses 6(1)(a)(iii)(B) to (E) and (b)(iii)(B), (F), (I.1), (K) and (L), ��� C. 22 Public Service M (ix) paragraph 7(1)(d) and subsection 7(1.1), (x) subsections 8(1), (2) and (7), (xi) the definition ‘‘cash termination allowance’’ in subsection 10(1), paragraph 10(5)(c) and subsections 10(7) and (8), (xii) subparagraph 11(1)(b)(iii), paragraph (a) of the definition ‘‘Average Maximum Pensionable Earnings’’ in subsection 11(3) and subsections 11(4), (5) and (7) to (9), (xiii) subsections 12(1) to (3) and (8), (xiv) subsections 13(1), (3), (4), (5) and (6), (xv) subsection 13.01(1), (xvi) subsection 13.1(4), (xvii) subsection 16(1), (xviii) subsections 17(1) to (3), (xix) paragraph 20(1)(b), (xx) section 21, (xxi) subsections 22(1) and (2), (xxii) section 23, (xxiii) section 24.2, (xxiv) subsection 26(2) and paragraphs 26(6)(a) and (7)(a), (xxv) sections 28 to 30, (xxvi) subsections 31(1) and (2), (xxvii) subsections 35(4) and (5), (xxviii) section 36, (xxix) subsections 38(1) and (3), (xxx) subsections 40(2) to (4) and (11) to (13), (xxxi) subsections 40.1(1) and (2), (xxxii) subsections 40.2(2), (3) and (9), (xxxiii) paragraphs 42(1)(d), (h), (q), (w), (y), (z), (aa) and (bb) and subsections 42(2), (5), (10) and (11), (xxxiv) paragraphs 42.1(1)(u), (v.1) and (v.5), 2002-2003 Modernisation de la (xxxv) the definitions ‘‘basic benefit’’, ‘‘immediate annual allowance’’ and ‘‘salary’’ in subsection 47(1), (xxxvi) section 48, (xxxvii) section 50, (xxxviii) subsections 51(1) and (2), (xxxix) subsection 52(1), (xl) section 53, (xli) subsection 54(2), (xlii) paragraph 56(1)(c), (xliii) subsections 62(1), (3) and (4), and (xliv) paragraph 69(3)(a); (z.20) subsection 18(2) of the Royal Canadian Mint Act; (z.21) the definitions ‘‘pay’’ and ‘‘Public Service’’ in subsection 3(1) and subsections 3(3) and 24(1) and (4) of the Royal Canadian Mounted Police Superannuation Act; (z.22) subsection 77.24(4) of the Special Import Measures Act; (z.23) paragraph 11(1)(d) and subsection 11(4) of the Special Retirement Arrangements Act; (z.24) subsection 17(1) of the Standards Council of Canada Act; (z.25) section 15 of the Status of the Artist Act; (z.26) subsection 10(2) of the Transportation Appeal Tribunal of Canada Act; (z.27) subsection 11(2) of the Veterans Review and Appeal Board Act; and (z.28) the definition ‘‘Administrator’’ in section 2 of the Weather Modification Information Act. ��� C. 22 Public Service M 226. The amendments made by this Part to replace the expressions ‘‘public service of Canada’’ and ‘‘Public Service’’ by the expressions ‘‘federal public administration’’ and ‘‘public service’’, respectively, are to be considered as terminology changes only and are not to be held to operate as new law. DIVISION 2 CONSEQUENTIAL AMENDMENTS ARISING FROM PART 3 Subdivision a Consequential Amendments Arising from the Enactment of the Public Service Employment Act in Division 1 of Part 3 R.S., c. A-17 Auditor General Act 1992, c. 54, s. 79; s. 92 of this Act 227. Section 15 of the Auditor General Act is replaced by the following: Officers, etc. 15. (1) The officers and employees that are necessary to enable the Auditor General to perform his or her duties are to be appointed in accordance with the Public Service Employment Act and, subject to subsections (2) to (5), the provisions of that Act apply to those officers and employees. Public Service Employment Act — employer and deputy head (2) The Auditor General may exercise the powers and perform the functions of the employer and deputy head under the Public Service Employment Act within the meaning of those terms in subsection 2(1) of that Act. Public Service Employment Act — Commission (3) The Auditor General may, in the manner and subject to the terms and conditions that the Public Service Commission directs, exercise the powers and perform the functions of that Commission under the Public Service Employment Act, other than its powers and functions in relation to the hearing of allegations by a candidate under sections 118 and 119 of that Act and its power to make regulations. 2002-2003 Modernisation de la Delegation (4) The Auditor General may authorize any person employed in his or her office to exercise and perform, in any manner and subject to any terms and conditions that he or she directs, any of his or her powers and functions under subsections (2) and (3). Sub-delegation (5) Any person authorized under subsection (4) may, subject to and in accordance with the authorization, authorize one or more persons under that person’s jurisdiction to exercise any power or perform any function to which the authorization relates. 228. The Act is amended by adding the following after section 16.1: Contract for professional services 16.2 Subject to any other Act of Parliament or regulations made under any Act of Parliament, but without the approval of the Treasury Board, the Auditor General may, within the total dollar limitations established for his or her office in appropriation Acts, contract for professional services. 1999, c. 17 Canada Customs and Revenue Agency Act 229. Subsection 55(1) of the Canada Customs and Revenue Agency Act is replaced by the following: Mobility to departments 55. (1) For the purpose of deployments or appointments made, or advertised internal appointment processes, under the Public Service Employment Act, employees of the Agency must be treated as if they were employees within the meaning of the Public Service Employment Act and had the rights of recourse provided by that Act. 230. Section 57 of the Act is replaced by the following: Political activities 57. Part 7 of the Public Service Employment Act applies to the Commissioner, Deputy Commissioner and employees of the Agency. For the purposes of that Part, the Commissioner and Deputy Commissioner are deemed to be deputy heads as defined in subsection 2(1) of that Act and the employees of the Agency are deemed to be employees as defined in that subsection. ��� 1987, c. 3 C. 22 Public Service M Canada-Newfoundland Atlantic Accord Implementation Act 231. The portion of subsection 25(4) of the Canada-Newfoundland Atlantic Accord Implementation Act before paragraph (a) is replaced by the following: Mobility of staff (4) For the purpose of being eligible for appointment to a position in the public service by an appointment process under the Public Service Employment Act, 1988, c. 28 Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act 232. The portion of subsection 26(4) of the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act before paragraph (a) is replaced by the following: Mobility of staff (4) For the purpose of being eligible for appointment to a position in the public service by an appointment process under the Public Service Employment Act, 2002-2003 2000, c. 6 Modernisation de la Canadian Institutes of Health Research Act 233. Section 24 of the Canadian Institutes of Health Research Act is replaced by the following: Part 7 of the Public Service Employment Act R.S., c. C-23 24. For the purposes of Part 7 of the Public Service Employment Act, the President is deemed to be a deputy head as defined in subsection 2(1) of that Act and an employee of the CIHR is deemed to be an employee as defined in subsection 2(1) of that Act. Canadian Security Intelligence Service Act 234. Subparagraph 8(1)(b)(ii) of the Canadian Security Intelligence Service Act is replaced by the following: (ii) to exercise the powers and perform the functions assigned to the Public Service Commission by or pursuant to the Public Service Employment Act. 1990, c. 13 Canadian Space Agency Act 235. Subsection 16(4) of the Canadian Space Agency Act is replaced by the following: Acts and regulations applicable (4) Each person employed in the Agency pursuant to subsection (2) is deemed to be an employee for the purposes of the Government Employees Compensation Act, to be employed in the federal public administration for the purposes of any regulations made pursuant to section 9 of the Aeronautics Act, and to be employed in the public service for the purposes of the Public Service Superannuation Act. 1995, c. 44 Employment Equity Act 236. Subsections 4(5) and (6) of the English version of the Employment Equity Act are replaced by the following: Deemed employer (5) Every portion of the public sector referred to in paragraphs (1)(c) and (d) is deemed to be an employer for the purposes of this Act in relation to employees employed in that portion except that, with respect to any of ��� C. 22 Public Service M those portions for which the Public Service Commission exercises any power or performs any function under the Public Service Employment Act, the Public Service Commission and that portion are responsible for carrying out the obligations of an employer under this Act. References to employer (6) In this Act, a reference to an employer is deemed, in relation to those portions of the public sector referred to in (a) paragraph (1)(b), to be a reference to the Treasury Board and the Public Service Commission, each acting within the scope of its powers and functions under the Financial Administration Act and the Public Service Employment Act; and (b) paragraphs (1)(c) and (d) for which the Public Service Commission exercises any power or performs any function under the Public Service Employment Act, to be a reference to the employer and the Public Service Commission. 237. (1) Paragraph 6(b) of the Act is replaced by the following: (b) to hire or promote persons who do not meet the essential qualifications for the work to be performed; (2) Paragraph 6(c) of the English version of the Act is replaced by the following: (c) with respect to the public sector, to hire or promote persons without basing the hiring or promotion on merit in cases where the Public Service Employment Act requires that hiring or promotion be based on merit; or 238. (1) Paragraph 33(1)(b) of the Act is replaced by the following: (b) require an employer to hire or promote persons who do not meet the essential qualifications for the work to be performed; (2) Paragraph 33(1)(c) of the English version of the Act is replaced by the following: (c) with respect to the public sector, require an employer to hire or promote persons without basing the hiring or promotion on 2002-2003 Modernisation de la merit in cases where the Public Service Employment Act requires that hiring or promotion be based on merit, or impose on the Public Service Commission an obligation to exercise its discretion regarding exclusion orders or regulations; R.S., c. F-11 Financial Administration Act Section 8 of this Act 239. Subsection 12.4(2) of the Financial Administration Act is replaced by the following: Consolidation of reports (2) The President of the Treasury Board may, in respect of any fiscal year, prepare a single report concerning the matters referred to in subsection (1) and those referred to in subsections 21(1) and (2) of the Employment Equity Act or those referred to in section 28 of the Public Service Employment Act if he or she considers it appropriate to do so. R.S., c. N-8 National Film Act 240. Subsection 13(3) of the National Film Act is replaced by the following: Appointment of employees 1998, c. 31 (3) Subject to the plan of organization approved under this section, the Board may appoint persons for a term or during pleasure to fill the positions established by the plan, prescribe their conditions of employment and provide for their promotion, salary and salary increases, but the provisions of the Public Service Employment Act relating to political activities and, where applicable, the condition of employment relating to payment of gratuity on death pursuant to the Financial Administration Act apply to the persons appointed under this section. Parks Canada Agency Act 241. Subsection 14(1) of the Parks Canada Agency Act is replaced by the following: Political activities 14. (1) For the purposes of Part 7 of the Public Service Employment Act, the Chief Executive Officer is deemed to be a deputy head, and an employee is deemed to be an employee, within the meaning of subsection 2(1) of that Act. ��� 2000, c. 17; 2001, c. 41, s. 48 C. 22 Public Service M Proceeds of Crime (Money Laundering) and Terrorist Financing Act 242. Section 50 of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act is replaced by the following: Political activities Section 2 of this Act 50. Part 7 of the Public Service Employment Act applies to the Director and employees of the Centre. For the purposes of that Part, the Director is deemed to be a deputy head, and the employees are deemed to be employees, as defined in subsection 2(1) of that Act. Public Service Labour Relations Act 243. Subsection 2(4) of the Public Service Labour Relations Act is replaced by the following: Casual employment (4) For the purposes of paragraph (f) of the definition ‘‘employee’’ in subsection (1), a person employed in the part of the public service to which the Public Service Commission has the exclusive right to make appointments is employed on a casual basis if the person was appointed under section 50 of the Public Service Employment Act. 1992, c. 30 Referendum Act 244. Subsection 32(2) of the Referendum Act is replaced by the following: Participation not precluded (2) Part 7 of the Public Service Employment Act is not to be construed or applied so as to restrict the right of a public servant to participate fully in respect of a referendum. R.S.C. 1970, c. V-2 Veterans Benefit Act 2000, c. 34, s. 57(1) 245. (1) The portion of subsection 9(1) of the Veterans Benefit Act before paragraph (a) is replaced by the following: Korean War veterans 9. (1) Paragraph 39(1)(b) of the Public Service Employment Act applies to every person not described in subsection (2) who 2002-2003 Modernisation de la 2000, c. 34, s. 57(2) (2) The portion of subsection 9(2) of the Act before paragraph (a) is replaced by the following: Korean War veterans pensioned for disability (2) Paragraph 39(1)(a) of the Public Service Employment Act applies to every person who Subdivision b Consequential Amendments Arising from the Amendments to the Public Service Employment Act in Division 2 of Part 3 R.S., c. A-1 Access to Information Act 246. Schedule I to the Access to Information Act is amended by adding the following in alphabetical order under the heading ‘‘Other Government Institutions’’: Public Service Staffing Tribunal Tribunal de la dotation de la fonction publique R.S., c. F-11 Financial Administration Act 247. Schedule I.1 to the Financial Administration Act is amended by adding, in alphabetical order in column I, a reference to Public Service Staffing Tribunal Tribunal de la dotation de la fonction publique and a corresponding reference in column II to the ‘‘President of the Queen’s Privy Council for Canada’’. R.S., c. P-21 Privacy Act 248. The schedule to the Privacy Act is amended by adding the following in alphabetical order under the heading ‘‘Other Government Institutions’’: Public Service Staffing Tribunal Tribunal de la dotation de la fonction publique ��� R.S., c. P-35 C. 22 Public Service M Public Service Staff Relations Act 249. Part I of Schedule I to the Public Service Staff Relations Act is amended by adding the following in alphabetical order: Public Service Staffing Tribunal Tribunal de la dotation de la fonction publique R.S., c. P-36 Public Service Superannuation Act 250. Part I of Schedule I to the Public Service Superannuation Act is amended by adding the following in alphabetical order: Public Service Staffing Tribunal Tribunal de la dotation de la fonction publique DIVISION 3 CONSEQUENTIAL AMENDMENTS ARISING FROM THE AMENDMENTS TO THE CANADIAN CENTRE FOR MANAGEMENT DEVELOPMENT ACT IN PART 4 R.S., c. A-1 Access to Information Act 1991, c. 16, s. 21 251. Schedule I to the Access to Information Act is amended by striking out the following under the heading ‘‘Other Government Institutions’’: Canadian Centre for Management Development Centre canadien de gestion 252. Schedule I to the Act is amended by adding the following in alphabetical order under the heading ‘‘Other Government Institutions’’: Canada School of Public Service École de la fonction publique du Canada R.S., c. F-11 Financial Administration Act 1991, c. 16, s. 22 253. Schedule II to the Financial Administration Act is amended by striking out the following: Canadian Centre for Management Development Centre canadien de gestion 2002-2003 Modernisation de la 254. Schedule II to the Act is amended by adding the following in alphabetical order: Canada School of Public Service École de la fonction publique du Canada R.S., c. P-21 Privacy Act 1991, c. 16, s. 23 255. The schedule to the Privacy Act is amended by striking out the following under the heading ‘‘Other Government Institutions’’: Canadian Centre for Management Development Centre canadien de gestion 256. The schedule to the Act is amended by adding the following in alphabetical order under the heading ‘‘Other Government Institutions’’: Canada School of Public Service École de la fonction publique du Canada R.S., c. P-35 Public Service Staff Relations Act 1991, c. 16, s. 24 257. Part I of Schedule I to the Public Service Staff Relations Act is amended by striking out the following: Canadian Centre for Management Development Centre canadien de gestion 258. Part I of Schedule I to the Act is amended by adding the following in alphabetical order: Canada School of Public Service École de la fonction publique du Canada R.S., c. P-36 Public Service Superannuation Act 1991, c. 16, s. 25 259. Part I of Schedule I to the Public Service Superannuation Act is amended by striking out the following: Canadian Centre for Management Development Centre canadien de gestion ��� C. 22 Public Service M 260. Part I of Schedule I to the Act is amended by adding the following in alphabetical order: Canada School of Public Service École de la fonction publique du Canada R.S., c. R-8 2002, c. 5, Sch. 1 (PSC), vote 121b Revolving Funds Act 261. Section 7 of the Revolving Funds Act is repealed. PART 7 COORDINATING AMENDMENTS Public Service Modernization Act 262. If section 14 of the Courts Administration Services Act (the ‘‘other Act’’) comes into force before the day on which section 167 of this Act comes into force, then on the later of the day on which this Act receives Royal Assent and the day on which section 14 of the other Act comes into force, section 167 of this Act and the heading before it are replaced by the following: R.S., c. F-7; 2002, c. 7, s. 14 1990, c. 8, s. 8 Federal Courts Act 167. Paragraph 28(1)(i) of the English version of the Federal Courts Act is replaced by the following: (i) the Public Service Labour Relations Board established by the Public Service Labour Relations Act; 263. If section 14 of the Courts Administration Services Act (the ‘‘other Act’’) comes into force before paragraph 225(w) of this Act, then on the later of the day on which this Act receives Royal Assent and the day on which section 14 of the other Act comes into force, paragraph 225(w) of this Act is replaced by the following: (w) subsection 12(5) of the Federal Courts Act; 2002-2003 R.S., c. F-11 Modernisation de la Financial Administration Act 264. On the later of the coming into force of section 109 of the Courts Administration Services Act and subsection 11(1) of the Financial Administration Act, as enacted by section 8 of this Act, (a) paragraphs (b) and (c) of the definition ‘‘deputy head’’ in subsection 11(1) of the Financial Administration Act, as enacted by section 8 of this Act, are replaced by the following: (b) in relation to any portion of the federal public administration named in Schedule IV, its chief executive officer or, if there is no chief executive officer, its statutory deputy head or, if there is neither, the person who occupies the position designated under subsection (2) in respect of that portion; (c) in relation to a separate agency, its chief executive officer or, if there is no chief executive officer, its statutory deputy head or, if there is neither, the person who occupies the position designated under subsection (2) in respect of that separate agency; and (b) subsection 11(1) of the Financial Administration Act, as enacted by section 8 of this Act, is amended by adding the following in alphabetical order: ‘‘statutory deputy head’’ « administrateur général au titre de la loi » ‘‘statutory deputy head’’ means any officer who, by any Act of Parliament, is or is deemed to be a deputy head or who has, or is deemed to have, the rank of a deputy head. 265. If subsection 2(1) of the Transportation Appeal Tribunal of Canada Act comes into force before the day on which the section 11 of this Act comes into force, then, on the day on which section 11 of this Act comes into force, Schedule IV to the Financial Administration Act is amended by (a) striking out the following: ��� C. 22 Public Service M Civil Aviation Tribunal Tribunal de l’aviation civile (b) adding the following in alphabetical order: Transportation Appeal Tribunal of Canada Tribunal d’appel des transports du Canada 266. If section 11 of this Act comes into force before the day on which subsection 2(1) of the Transportation Appeal Tribunal of Canada Act (the ‘‘other Act’’) comes into force, then, on the day on which subsection 2(1) of the other Act comes into force (a) Schedule IV to the Financial Administration Act is amended by striking out the following: Civil Aviation Tribunal Tribunal de l’aviation civile (b) Schedule IV to the Financial Administration Act is amended by adding the following in alphabetical order: Transportation Appeal Tribunal of Canada Tribunal d’appel des transports du Canada (c) the heading before section 62 and sections 62 and 63 of the other Act are repealed. 267. If section 3 of the Courts Administration Service Act comes into force before the day on which the section 11 of this Act comes into force, then, on the day on which section 11 of this Act comes into force, Schedule IV to the Financial Administration Act is amended (a) by striking out the following: Staff of the Federal Court Personnel de la Cour fédérale Tax Court of Canada Cour canadienne de l’impôt (b) by adding the following in alphabetical order: Courts Administration Service Service administratif des tribunaux judiciaires 2002-2003 Modernisation de la 268. If section 11 of this Act comes into force before the day on which section 3 of the Courts Administration Service Act (the ‘‘other Act’’) comes into force, then, on the day on which section 3 of the other Act comes into force, (a) Schedule IV to the Financial Administration Act is amended by striking out the following: Staff of the Federal Court Personnel de la Cour fédérale Tax Court of Canada Cour canadienne de l’impôt (b) Schedule IV to the Financial Administration Act is amended by adding the following in alphabetical order: Courts Administration Service Service administratif des tribunaux judiciaires (c) sections 166 and 167 of the other Act are repealed. R.S., c. P-33 Public Service Employment Act 269. If section 164 of the Courts Administration Services Act comes into force before the day on which the definition ‘‘public service’’ in subsection 2(1) of the Public Service Employment Act, as enacted by section 12 of this Act, comes into force, then, on the later of the coming into force of section 164 of the Courts Administration Services Act and section 198 of this Act, section 21.1 of the Public Service Employment Act, being chapter P-33 of the Revised Statutes of Canada, 1985, is replaced by the following: Appeal to Federal Court of Appeal 21.1 Despite the Federal Courts Act, an application to the Federal Court for relief under section 18 or 18.1 of that Act against a decision of a board established under subsection 21(1) or (1.1) shall be transferred to the Federal Court of Appeal if the parties to the application so agree or if the Federal Court of Appeal, on application by any of those parties, so orders on the basis that the sound adminis��� C. 22 Public Service M tration of that part of the public service over which the deputy head concerned has jurisdiction would be unduly prejudiced by delay if the matter were heard and determined by the Federal Court and subject to an appeal to the Federal Court of Appeal. 270. On the later of the coming into force of section 17 of this Act and section 10 of the Yukon Act, being chapter 7 of the Statutes of Canada, 2002, the definition ‘‘territorial election’’ in subsection 32(1) of the Public Service Employment Act, being chapter P-33 of the Revised Statutes of Canada, 1985, as enacted by section 17 of this Act, is replaced by the following: ‘‘territorial election’’ « élection territoriale » ‘‘territorial election’’ means an election to the Council of the Northwest Territories or the Legislative Assembly of Yukon or of Nunavut. Section 12 of this Act Public Service Employment Act 271. On the later of the coming into force of section 109 of the Courts Administration Services Act and subsection 2(1) of the Public Service Employment Act, as enacted by section 12 of this Act, (a) paragraph (c) of the definition ‘‘deputy head’’ in subsection 2(1) of the Public Service Employment Act, as enacted by section 12 of this Act, is replaced by the following: (c) in relation to any organization named in Schedule IV or V to the Financial Administration Act to which the Commission has the exclusive authority to make appointments, its chief executive officer or, if there is no chief executive officer, its statutory deputy head or, if there is neither, the person designated by the Governor in Council as its deputy head for the purposes of this Act. (b) subsection 2(1) of the Public Service Employment Act, as enacted by section 12 of this Act, is amended by adding the following in alphabetical order: ‘‘statutory deputy head’’ « administrateur général au titre de la loi » ‘‘statutory deputy head’’ means any officer who, by any Act of Parliament, is or is 2002-2003 Modernisation de la deemed to be a deputy head or who has, or is deemed to have, the rank of a deputy head. 272. On the later of the day on which this Act receives Royal Assent and the day on which section 10 of the Yukon Act, being chapter 7 of the Statutes of Canada, 2002, comes into force, the definition ‘‘territorial election’’ in subsection 111(1) of the Public Service Employment Act, as enacted by section 12 of this Act, is replaced by the following: ‘‘territorial election’’ « élection territoriale » ‘‘territorial election’’ means an election to the Council of the Northwest Territories or the Legislative Assembly of Yukon or of Nunavut. Section 2 of this Act Public Service Labour Relations Act 273. On the later of the day on which this Act receives royal assent and the day on which section 17 of the Yukon Act, being chapter 7 of the Statutes of Canada, 2002, comes into force, subsection 18(2) of the Public Service Labour Relations Act, as enacted by section 2 of this Act, is replaced by the following: Exception (2) Despite paragraph (1)(b), a person is not ineligible to hold office as a member by reason only of holding office as a member of any board that may be constituted by the Commissioner in Council of the Northwest Territories or the Legislature of Yukon or the Legislature for Nunavut with powers and functions similar to those of the Board. 274. On the later of the day on which this Act receives royal assent and the day on which section 14 of the Courts Administration Service Act comes into force, subsection 51(1) of the Public Service Labour Relations Act, as enacted by section 2 of this Act, is replaced by the following: ��� Orders not to be reviewed by court C. 22 Public Service M 51. (1) Subject to this Part, every order or decision of the Board is final and may not be questioned or reviewed in any court, except in accordance with the Federal Courts Act on the grounds referred to in paragraph 18.1(4)(a), (b) or (e) of that Act. 275. On the later of the day on which this Act receives royal assent and the day on which section 16 of the Courts Administration Service Act comes into force, paragraph 59(1)(a) of the Public Service Labour Relations Act, as enacted by section 2 of this Act, is replaced by the following: (a) the position is confidential to the Governor General, a Minister of the Crown, a judge of the Supreme Court of Canada, the Federal Court of Appeal, the Federal Court or the Tax Court of Canada, or a deputy head; 2002, c. 7 Yukon Act 276. If section 17 of this Act comes into force before section 1 of the Yukon Act (the ‘‘other Act’’), being chapter 7 of the Statutes of Canada, 2002, then, on the day on which section 17 of this Act comes into force, the heading before section 229 and sections 229 and 230 of the other Act are repealed. Bill C-2 277. If Bill C-2, introduced in the 2nd Session of the 37th Parliament and entitled the Yukon Environmental and Socio-economic Assessment Act (the ‘‘other Act’’), receives royal assent, then, on the later of the coming into force of subsection 14(3) of the other Act and the coming into force of section 8 of this Act, subsection 14(3) of the English version of the other Act is replaced by the following: 2002-2003 Benefits Modernisation de la (3) The members of the Board and its employees are deemed to be employees for the purposes of the Government Employees Compensation Act and to be employed in the federal public administration for the purposes of any regulations made under section 9 of the Aeronautics Act. Bill C-6 278. (1) Subsections (2) to (9) apply if Bill C-6, introduced in the 2nd Session of the 37th Parliament and entitled the Specific Claims Resolution Act (the ‘‘other Act’’), receives royal assent. (2) On the later of the coming into force of subsection 8(7) of the other Act and the coming into force of section 8 of this Act, subsection 8(7) of the English version of the other Act is replaced by the following: Compensation (7) The Chief Executive Officer is deemed to be employed in the federal public administration for the purposes of the Government Employees Compensation Act and any regulations made under section 9 of the Aeronautics Act. (3) On the later of the coming into force of section 10 of the other Act and the coming into force of the definition ‘‘separate agency’’ in subsection 2(1) of the Public Service Labour Relations Act, as enacted by section 2 of this Act, section 10 of the other Act and the heading before it are replaced by the following: Human Resources Management Separate agency 10. The Centre is a separate agency under the Public Service Labour Relations Act. (4) On the later of the coming into force of subsection 13(1) of the other Act and the coming into force of section 35 of the Public Service Employment Act, as enacted by section 12 of this Act, subsection 13(1) of the other Act is replaced by the following: ��� Mobility to departments C. 22 Public Service M 13. (1) For the purpose of deployments or appointments made, or advertised internal appointment processes held, under the Public Service Employment Act, employees of the Centre must be treated as if they were employees within the meaning of the Public Service Employment Act and had the rights of recourse provided by that Act. (5) On the later of the coming into force of section 15 of the other Act and the coming into force of section 111 of the Public Service Employment Act, as enacted by section 12 of this Act, section 15 of the other Act is replaced by the following: Political activities 15. Part 7 of the Public Service Employment Act applies to the Chief Executive Officer, commissioners, adjudicators and employees of the Centre as if the Chief Executive Officer, commissioners and adjudicators were deputy heads, and the employees were employees, as defined in subsection 2(1) of that Act. (6) On the later of the coming into force of subsection 21(4) of the other Act and the coming into force of section 8 of this Act, subsection 21(4) of the English version of the other Act is replaced by the following: Compensation (4) Commissioners are deemed to be employed in the federal public administration for the purposes of the Government Employees Compensation Act and any regulations made under section 9 of the Aeronautics Act. (7) On the later of the coming into force of subsection 42(4) of the other Act and the coming into force of section 8 of this Act, subsection 42(4) of the English version of the other Act is replaced by the following: Compensation (4) Adjudicators are deemed to be employed in the federal public administration for the purposes of the Government Employees Compensation Act and any regulations made under section 9 of the Aeronautics Act. 2002-2003 Modernisation de la (8) If section 82 of the other Act is not in force on the day on which section 11 of this Act comes into force, then, on that day, (a) the other Act is amended by adding the following after section 80: 80.1 Schedule V to the Act is amended by adding the following in alphabetical order: Canadian Centre for the Independent Resolution of First Nations Specific Claims Centre canadien du règlement indépendant des revendications particulières des premières nations (b) section 82 of the other Act and the heading before it are repealed. (9) If section 11 of this Act is not in force on the day on which section 82 of the other Act comes into force, then, on that day, Schedule V to the Financial Administration Act, as enacted by section 11 of this Act, is amended by adding the following in alphabetical order: Canadian Centre for the Independent Resolution of First Nations Specific Claims Centre canadien du règlement indépendant des revendications particulières des premières nations Bill C-12 279. If Bill C-12, introduced in the 2nd Session of the 37th Parliament and entitled the Physical Activity and Sport Act (the ‘‘other Act’’), receives royal assent, then, on the later of the day on which section 26 of the other Act comes into force and the day on which the definition ‘‘public service’’ in subsection 2(1) of the Public Service Labour Relations Act, as enacted by section 2 of this Act, comes into force, section 26 of the English version of the other Act is replaced by the following: ��� Status C. 22 Public Service M 26. Directors, officers and employees of the Centre are deemed not to be employees of the federal public administration and, for the purposes of the Public Service Superannuation Act, are deemed not to be employed in the public service. Bill C-13 280. (1) Subsections (2) to (4) apply if Bill C-13, introduced in the 2nd Session of the 37th Parliament and entitled the Assisted Human Reproduction Act (the ‘‘other Act’’), receives royal assent. (2) On the later of the coming into force of section 29 of the other Act and the coming into force of section 8 of this Act, paragraph 29(b) of the English version of the other Act is replaced by the following: (b) is deemed to be employed in the federal public administration for the purposes of the Government Employees Compensation Act and the regulations made under section 9 of the Aeronautics Act; and (3) If section 76 of the other Act is not in force on the day on which section 11 of this Act comes into force, then, on that day, (a) the other Act is amended by adding the following after section 74: 74.1 Schedule V to the Act is amended by adding the following in alphabetical order: Assisted Human Reproduction Agency of Canada Agence canadienne de contrôle de la procréation assistée (b) section 76 of the other Act and the heading before it are repealed. (4) If section 11 of this Act is not in force on the day on which section 76 of the other Act comes into force, then, on that day, Schedule V to the Financial Administration Act, as enacted by section 11 of this Act, is amended by adding the following in alphabetical order: 2002-2003 Modernisation de la Assisted Human Reproduction Agency of Canada Agence canadienne de contrôle de la procréation assistée Bill C-17 281. If Bill C-17, introduced in the 2nd Session of the 37th Parliament and entitled the Public Safety Act, 2002 (the ‘‘other Act’’), receives royal assent, then, on the later of the coming into force of section 17 of the Biological and Toxin Weapons Convention Implementation Act, as enacted by section 106 of the other Act, and the coming into force of section 8 of this Act, paragraphs 17(a) and (b) of the English version of the Biological and Toxin Weapons Convention Implementation Act are replaced by the following: (a) provide such information, at such times and in such form, as may be specified by the regulations, to the responsible authority or to any other portion of the federal public administration specified by the regulations; and (b) keep and maintain in Canada the documents specified by the regulations, at the person’s place of business or at such other place as may be designated by the Minister, in the manner and for the period that is specified by the regulations and, on request by the Minister or the responsible authority, provide the documents to the responsible authority or to any other portion of the federal public administration specified by the regulations. Bill C-18 282. (1) Subsections (2) to (10) apply if Bill C-18, introduced in the 2nd Session of the 37th Parliament and entitled the Citizenship of Canada Act (the ‘‘other Act’’), receives royal assent. (2) On the later of the coming into force of subsection 7(3) of the other Act and the coming into force of section 8 of this Act, subsection 7(3) of the English version of the other Act is replaced by the following: ��� Treated as present in Canada C. 22 Public Service M (3) For the purposes of paragraph (1)(b), a day on which an applicant for citizenship was a permanent resident residing with their spouse or common-law partner who was a citizen engaged, other than as a locally engaged person, for service or employment outside Canada in or with the Canadian Forces or the federal public administration or the public service of a province is to be treated as a day on which the applicant was physically present in Canada. (3) On the later of the coming into force of subsection 19(2) of the other Act and the coming into force of section 8 of this Act, subsection 19(2) of the English version of the other Act is replaced by the following: Treated as present in Canada (2) For the purposes of paragraph (1)(b), a day on which an applicant for citizenship was a permanent resident residing with their spouse or common-law partner who was a citizen engaged, other than as a locally engaged person, for service or employment outside Canada in or with the Canadian Forces or the federal public administration or the public service of a province is to be treated as a day on which the applicant was physically present in Canada. (4) On the later of the coming into force of subsection 31(5) of the other Act and the coming into force of section 8 of this Act, subsection 31(5) of the English version of the other Act is replaced by the following: Compensation (5) A Citizenship Commissioner is deemed to be an employee for the purposes of the Government Employees Compensation Act and to be employed in the federal public administration for the purposes of any regulations made under section 9 of the Aeronautics Act. (5) On the later of the day on which this Act receives royal assent and the day on which section 1 of the other Act comes into force, paragraph 18(1)(a) of the Public Service Labour Relations Act, as enacted by 2002-2003 Modernisation de la section 2 of this Act, is replaced by the following: (a) be a Canadian citizen within the meaning of the Citizenship of Canada Act or a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act; (6) On the later of the day on which this Act receives royal assent and the day on which section 1 of the other Act comes into force, subsection 4(2) of the Public Service Employment Act, as enacted by section 12 of this Act, is replaced by the following: Eligibility (2) In order to be eligible to hold office as a Commissioner, a person must be a Canadian citizen within the meaning of the Citizenship of Canada Act or a permanent resident within the meaning of the Immigration and Refugee Protection Act. (7) On the later of the day on which this Act receives royal assent and the day on which section 1 of the other Act comes into force, paragraph 39(1)(c) of the Public Service Employment Act, as enacted by section 12 of this Act, is replaced by the following: (c) a Canadian citizen, within the meaning of the Citizenship of Canada Act, in any case where a person who is not a Canadian citizen is also a candidate. (8) On the later of the day on which this Act receives royal assent and the day on which section 1 of the other Act comes into force, paragraph 88(3)(a) of the Public Service Employment Act, as enacted by section 12 of this Act, is replaced by the following: (a) be a Canadian citizen within the meaning of the Citizenship of Canada Act or a permanent resident within the meaning of the Immigration and Refugee Protection Act; and (9) On the later of the day on which this Act receives royal assent and the day on which section 1 of the other Act comes into force, subsection 3(2) of the Public Service Employment Act, chapter P-33 of the Re��� C. 22 Public Service M vised Statutes of Canada, 1985, as enacted by section 14 of this Act, is replaced by the following: Eligibility (2) In order to be eligible to hold office as a Commissioner, a person must be a Canadian citizen within the meaning of the Citizenship of Canada Act or a permanent resident within the meaning of the Immigration and Refugee Protection Act. (10) On the later of the day on which this Act receives royal assent and the day on which section 1 of the other Act comes into force, paragraph 49(2)(a) of the Public Service Employment Act, chapter P-33 of the Revised Statutes of Canada, 1985, as enacted by section 19 of this Act, is replaced by the following: (a) be a Canadian citizen within the meaning of the Citizenship of Canada Act or a permanent resident within the meaning of the Immigration and Refugee Protection Act; and Bill C-19 283. (1) Subsections (2) and (3) apply if Bill C-19, introduced in the 2nd Session of the 37th Parliament and entitled the First Nations Fiscal and Statistical Management Act (the ‘‘other Act’’), receives royal assent. (2) On the later of the coming into force of subsection 58(1) of the other Act and the coming into force of section 8 of this Act, subsection 58(1) of the English version of the other Act is replaced by the following: Not agent of Her Majesty 58. (1) The Authority is not an agent of Her Majesty or a Crown corporation within the meaning of the Financial Administration Act, and its officers and employees are not part of the federal public administration. (3) On the later of the coming into force of subsection 113(1) of the other Act and the coming into force of section 8 of this Act, subsection 113(1) of the English version of the other Act is replaced by the following: 2002-2003 Exclusion from federal public administration Modernisation de la 113. (1) The officers and employees of an institution are not part of the federal public administration. PART 8 REPEALS 284. The Public Service Employment Act, being chapter P-33 of the Revised Statutes of Canada, 1985, or any of its provisions, is repealed on a day or days to be fixed by order of the Governor in Council. 285. The Public Service Staff Relations Act, being chapter P-35 of the Revised Statutes of Canada, 1985, or any of its provisions, is repealed on a day or days to be fixed by order of the Governor in Council. PART 9 Coming into force Part 2 of the Public Service Labour Relations Act COMING INTO FORCE 286. (1) Subject to subsection (2), the provisions of this Act, other than sections 1 and 262 to 285, or the provisions of any Act enacted by this Act, come into force on a day or days fixed by order of the Governor in Council. (2) Part 2 of the Public Service Labour Relations Act, as enacted by section 2 of this Act, or any provision of that Part, comes into force on a day or days to be fixed by order of the Governor in Council, made on the recommendation of the Minister, within the meaning of subsection 2(1) of that Act, after consultation with the Chairperson of the Public Service Labour Relations Board appointed under section 12 of that Act. ��� C. 22 Public Service Modern SCHEDULE 1 (Section 11) SCHEDULE IV (Sections 3 and 11) PORTIONS OF THE CORE PUBLIC ADMINISTRATION Atlantic Canada Opportunities Agency Agence de promotion économique du Canada atlantique Canada Industrial Relations Board Conseil canadien des relations industrielles Canada School of Public Service École de la fonction public du Canada Canadian Artists and Producers Professional Relations Tribunal Tribunal canadien des relations professionnelles artistesproducteurs Canadian Dairy Commission Commission canadienne du lait Canadian Environmental Assessment Agency Agence canadienne d’évaluation environnementale Canadian Forces Grievance Board Comité des griefs des Forces canadiennes Canadian Grain Commission Commission canadienne des grains Canadian Human Rights Commission Commission canadienne des droits de la personne Canadian Human Rights Tribunal Tribunal canadien des droits de la personne Canadian Intergovernmental Conference Secretariat Secrétariat des conférences intergouvernementales canadiennes Canadian International Development Agency Agence canadienne de développement international Canadian International Trade Tribunal Tribunal canadien du commerce extérieur Canadian Radio-television and Telecommunications Commission Conseil de la radiodiffusion et des télécommunications canadiennes Canadian Space Agency Agence spatiale canadienne Canadian Transportation Accident Investigation and Safety Board Bureau canadien d’enquête sur les accidents de transport et de la sécurité des transports 2002-2003 Modernisation de la foncti Canadian Transportation Agency Office des transports du Canada Civil Aviation Tribunal Tribunal de l’aviation civile Communication Canada Communication Canada Competition Tribunal Tribunal de la concurrence Copyright Board Commission du droit d’auteur Correctional Service of Canada Service correctionnel du Canada Director of Soldier Settlement Directeur de l’établissement de soldats The Director, The Veterans’ Land Act Directeur des terres destinées aux anciens combattants Energy Supplies Allocation Board Office de répartition des approvisionnements d’énergie Hazardous Materials Information Review Commission Conseil de contrôle des renseignements relatifs aux matières dangereuses Immigration and Refugee Board Commission de l’immigration et du statut de réfugié International Joint Commission (Canadian Section) Commission mixte internationale (section canadienne) Law Commission of Canada Commission du droit du Canada Military Police Complaints Commission Commission d’examen des plaintes concernant la police militaire NAFTA Secretariat — Canadian Section Secrétariat de l’ALÉNA — Section canadienne National Archives of Canada Archives nationales du Canada National Farm Products Council Conseil national des produits agricoles National Library Bibliothèque nationale National Parole Board Commission nationale des libérations conditionnelles Office of Indian Residential Schools Resolution of Canada Bureau du Canada sur le règlement des questions des pensionnats autochtones ��� C. 22 Public Service Modern Office of Infrastructure of Canada Bureau de l’infrastructure du Canada Office of the Chief Electoral Officer Bureau du directeur général des élections Office of the Commissioner for Federal Judicial Affairs Bureau du commissaire à la magistrature fédérale Office of the Commissioner of Official Languages Commissariat aux langues officielles Office of the Co-ordinator, Status of Women Bureau de la coordonnatrice de la situation de la femme Office of the Governor-General’s Secretary Secrétariat du gouverneur général Office of the Superintendent of Bankruptcy Bureau du surintendant des faillites Offices of the Information and Privacy Commissioners of Canada Commissariats à l’information et à la protection de la vie privée du Canada Patented Medicine Prices Review Board Conseil d’examen du prix des médicaments brevetés Prairie Farm Rehabilitation Administration Administration du rétablissement agricole des Prairies Privy Council Office Bureau du Conseil privé Public Service Commission Commission de la fonction publique Public Service Staffing Tribunal Tribunal de la dotation de la fonction publique Royal Canadian Mounted Police Gendarmerie royale du Canada Royal Canadian Mounted Police External Review Committee Comité externe d’examen de la Gendarmerie royale du Canada Royal Canadian Mounted Police Public Complaints Commission Commission des plaintes du public contre la Gendarmerie royale du Canada Staff of the Federal Court Personnel de la Cour fédérale Staff of the Supreme Court Personnel de la Cour suprême Statistics Canada Statistique Canada Tax Court of Canada Cour canadienne de l’impôt Veterans Review and Appeal Board Tribunal des anciens combattants (révision et appel) 2002-2003 Modernisation de la foncti SCHEDULE V (Sections 3 and 11) SEPARATE AGENCIES Canada Customs and Revenue Agency Agence des douanes et du revenu du Canada Canada Investment and Savings Placements Épargne Canada Canadian Food Inspection Agency Agence canadienne d’inspection des aliments Canadian Institutes of Health Research Instituts de recherche en santé du Canada Canadian Nuclear Safety Commission Commission canadienne de sûreté nucléaire Canadian Polar Commission Commission canadienne des affaires polaires Canadian Security Intelligence Service Service canadien du renseignement de sécurité Communications Security Establishment, Department of National Defence Centre de la sécurité des télécommunications, ministère de la Défense nationale Financial Consumer Agency of Canada Agence de la consommation en matière financière du Canada Financial Transactions and Reports Analysis Centre of Canada Centre d’analyse des opérations et déclarations financières du Canada Indian Oil and Gas Canada Pétrole et gaz des Indiens Canada National Capital Commission Commission de la capitale nationale National Energy Board Office national de l’énergie National Film Board Office national du film National Research Council of Canada Conseil national de recherches du Canada National Round Table on the Environment and the Economy Table ronde nationale sur l’environnement et l’économie Natural Sciences and Engineering Research Council Conseil de recherches en sciences naturelles et en génie Northern Pipeline Agency Administration du pipe-line du Nord ��� C. 22 Public Service Modern Office of the Auditor General of Canada Bureau du vérificateur général du Canada Office of the Correctional Investigator of Canada Bureau de l’enquêteur correctionnel du Canada Office of the Superintendent of Financial Institutions Bureau du surintendant des institutions financières Parks Canada Agency Agence Parcs Canada Public Service Labour Relations Board Commission des relations de travail dans la fonction publique Security Intelligence Review Committee Comité de surveillance des activités de renseignement de sécurité Social Sciences and Humanities Research Council Conseil de recherches en sciences humaines Staff of the Non-Public Funds, Canadian Forces Personnel des fonds non publics, Forces canadiennes Statistics Survey Operations Opérations des enquêtes statistiques 2002-2003 Modernisation de la foncti SCHEDULE 2 (Section 13) SCHEDULE (Subsection 39(1)) DEFINITIONS 1. For the purposes of subsection 39(1) and this Schedule, ‘‘common-law partner’’ « conjoint de fait » ‘‘common-law partner’’, in relation to an individual, means a person who is cohabiting with the individual in a conjugal relationship, having so cohabited for a period of at least one year; ‘‘member of the Women’s Royal Naval Services’’ « personnel du Corps féminin de la Marine royale » ‘‘member of the Women’s Royal Naval Services’’ means a person who (a) enrolled in the Women’s Royal Naval Service, (b) enrolled in Queen Alexandra’s Royal Naval Nursing Service or the reserve therefor, or (c) enrolled as a medical or dental practitioner employed with the Medical Branch or Dental Branch of the Royal Navy with naval status for general service; ‘‘person in receipt of a pension by reason of war service’’ « pensionné de guerre » ‘‘person in receipt of a pension by reason of war service’’ means a person who (a) is in receipt of a pension (i) by reason of service in World War I, or (ii) by reason of service only in World War II, and who at the commencement of such service was domiciled in Canada or Newfoundland, (b) has, from causes attributable to that service lost capacity for physical exertion to an extent that makes the person unfit to pursue efficiently the vocation that the person was pursuing before the war, and ��� C. 22 Public Service Modern ‘‘survivor of a veteran’’ « survivant d’un ancien combattant » (c) has not been successfully re-established in any other vocation; ‘‘survivor of a veteran’’ means the surviving spouse or surviving common-law partner of a person who, being a veteran, died from causes arising during the service by virtue of which the person became a veteran; ‘‘veteran’’ « ancien combattant » ‘‘veteran’’ means, subject to subsection 2(1) of this Schedule, a person who (a) during World War I was on active service overseas in the naval, army or air forces or who served on the high seas in a seagoing ship of war in the naval forces of His Majesty or of any of the Allies of His Majesty, and who has left that service with an honourable record or has been honourably discharged, (b) during World War II was on active service (i) in the naval, army or air forces of His Majesty or of any of His Majesty’s Allies and at the commencement of that active service was domiciled in Canada or Newfoundland, or (ii) in the naval, army or air forces of Canada, and, not being domiciled in Canada at the commencement of that active service, is a Canadian citizen, and who, in the course of that service, performed duties outside of the Western Hemisphere, or on the high seas in a ship or other vessel service that was, at the time the person performed those duties, classed as ‘‘sea time’’ for the purpose of the advancement of naval ratings, or that would have been so classed had the ship or other vessel been in the service of the naval forces of Canada, (c) during World War II served as a member of the Women’s Royal Naval Services or as a member of the South African Military Nursing Service outside of the Western Hemisphere and who, at the commencement of her service during 2002-2003 Modernisation de la foncti World War II, was domiciled in Canada or Newfoundland, (d) has been certified by the Deputy Minister of Foreign Affairs as having been enrolled in Canada or Newfoundland by United Kingdom authorities for special duty during World War II in war areas outside of the Western Hemisphere, and who served outside of the Western Hemisphere, and at the time of enrolment was domiciled in Canada or Newfoundland, or (e) during World War II served outside of the Western Hemisphere with the naval, army or air forces of His Majesty raised in Canada or Newfoundland as a representative of Canadian Legion War Services, Inc., the National Council of the Young Men’s Christian Associations of Canada, Knights of Columbus Canadian Army Huts, or Salvation Army Canadian War Services, was authorized so to serve by the appropriate naval, army or air force authority and who, at the commencement of that service with those forces during World War II, was domiciled in Canada or Newfoundland; ‘‘Western Hemisphere’’ « hémisphère occidental » ‘‘Western Hemisphere’’ means the continents of North and South America, the islands adjacent thereto and the territorial waters thereof, including Newfoundland, Bermuda and the West Indies, but excluding Greenland, Iceland and the Aleutian Islands; ‘‘World War I’’ « Première Guerre mondiale » ‘‘World War I’’ means the war declared by His Majesty on August 4, 1914 against the Empire of Germany and subsequently against other powers; ‘‘World War II’’ « Seconde Guerre mondiale » ‘‘World War II’’ means the war declared by His Majesty on the September 10, 1939 against the German Reich and subsequently against Italy, Finland, Hungary, Rumania and Japan. 2. (1) The definition ‘‘veteran’’ in section 1 of this Schedule does not include a person who ��� C. 22 Public Service Modern (a) served outside of the Western Hemisphere or on the high seas only in that the person was a passenger in an aircraft, ship or other vessel, or only in that the person underwent a limited period of training in an aircraft, ship or other vessel incidental to a program of instruction, or (b) by reason of the misconduct of the person, since September 10, 1939, ceased to serve in the naval, army or air forces of His Majesty or of any of His Majesty’s Allies, to be a member of the Women’s Royal Naval Services or the South African Military Nursing Service, to be enrolled for the special duty mentioned in the definition ‘‘veteran’’ in section 1 of this Schedule or to serve with the forces as a representative of Canadian Legion War Services Inc., the National Council of the Young Men’s Christian Associations of Canada, Knights of Columbus Canadian Army Huts or Salvation Army Canadian War Services. (2) For the purpose of determining whether a person is a veteran, World War II is deemed to have terminated (a) in respect of service in connection with operations in the European and Mediterranean Theatres of War, on May 8, 1945; and (b) in respect of service in connection with operations in the Pacific Theatre of War, on August 15, 1945. Published under authority of the Speaker of the House of Commons Available from: ������������� ����������������� ���������� ���������� Ottawa, Canada K1A 0S9 ��������� ����� ������������� ����������������� ���������� ����������� ������� ������� ��� ���

Second Session, Thirty-seventh Parliament, 51-52 Elizabeth II, 2002-2003 STATUTES OF CANADA 2003 CHAPTER 23 An Act to establish the Canadian Centre for the Independent Resolution of First Nations Specific Claims to provide for the filing, negotiation and resolution of specific claims and to make related amendments to other Acts BILL C-6 ASSENTED TO 7th NOVEMBER, 2003 RECOMMENDATION Her Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled ‘‘An Act to establish the Canadian Centre for the Independent Resolution of First Nations Specific Claims to provide for the filing, negotiation and resolution of specific claims and to make related amendments to other Acts’’. SUMMARY This enactment establishes the Canadian Centre for the Independent Resolution of First Nations Specific Claims including the Commission Division to help first nations and the Crown resolve specific claims and the Tribunal Division to decide certain issues arising from those claims if they cannot be otherwise resolved, and makes related amendments to other Acts. ��� ������������� ������������ ��� ��������� �� ��� ������������� �������� ������������� �� ��� ��������� �������� ��������������������� TABLE OF PROVISIONS AN ACT TO ESTABLISH THE CANADIAN CENTRE FOR THE INDEPENDENT RESOLUTION OF FIRST NATIONS SPECIFIC CLAIMS TO PROVIDE FOR THE FILING, NEGOTIATION AND RESOLUTION OF SPECIFIC CLAIMS AND TO MAKE RELATED AMENDMENTS TO OTHER ACTS SHORT TITLE 1. Short title INTERPRETATION 2. Definitions PURPOSE 3. Purpose PART 1 CANADIAN CENTRE FOR THE INDEPENDENT RESOLUTION OF FIRST NATIONS SPECIFIC CLAIMS Establishment, Composition and Functions 4. Establishment 5. Composition 6. Functions Chief Executive Officer 7. Functions, powers and duties 8. Term and tenure 9. Deputy head Personnel Management 10. Separate employer 11. Personnel management 12. Group insurance and benefit programs 13. Mobility to departments 14. Public Service Commission reviews 15. Political partisanship 16. Offices 17. Audit 18. Annual report General Provisions �� 19. Quarterly report PART 2 COMMISSION Composition and Role Composition 20. Composition 21. Full-time commissioners Remuneration Management 22. Chief Commissioner Functions, Powers and Duties 23. Functions 24. Powers and duties Restriction 25. Participation in funding administration Process Relating to Specific Claims Filing of Claims 26. Admissible claims 27. Copy to Minister on filing Preparatory Meetings 28. Initial meeting 29. Amendments 30. Process suspended for Minister’s decision Validity of Claims 31. After decision not to negotiate 32. Referral to Tribunal Compensation 33. After favourable decision on validity 34. Amendments re compensation 35. Referral to Tribunal General 36. Notice 37. Participation 38. No disclosure, production or testimony without consent — Chief Executive Officer, commissioner or employee Prohibition on representing parties — Chief Executive Officer, commissioner or employee 39. �� 40. Evidence not admissible in other proceedings PART 3 TRIBUNAL Composition and Role Composition 41. Composition Remuneration 42. Full-time adjudicators 43. Chief Adjudicator Management Functions, Powers and Duties 44. Functions 45. Powers of the Tribunal 46. Powers of a panel Panels, Hearings and Decisions 47. Applications 48. Panel for interlocutory issue 49. Hearing and decision 50. Application to strike 51. Decision of issue 52. Panel for final decision 53. Hearing and decision 54. Limitation 55. Decision on extent of responsibility 56. Basis and limitations for decision on compensation 57. Unlawful disposition 58. Acting after termination of appointment 59. Notice to others 60. Party status 61. Conduct of hearings 62. Public hearings 63. Right to cross-examine 64. Defences of Crown 65. Claims to be decided together 66. Suspension 67. Withdrawal 68. Evidence not admissible in other proceedings 69. Advance notice of decision on compensation 70. Written reasons and publication 71. Judicial review �� 72. Release and indemnity 73. Payment of award PART 4 GENERAL 74. Abandonment 75. Public documents 76. Review 76.1 76.2 Opportunity to make representations regarding appointments Avoidance of conflicting conduct 77. Regulations PART 5 TRANSITIONAL PROVISION, CONSEQUENTIAL AMENDMENTS, COORDINATING AMENDMENT AND COMING INTO FORCE Transitional Provision 77.1 Meaning of ‘‘claimant’’ Consequential Amendments 78-79. Access to Information Act 80. Financial Administration Act 81. Privacy Act 82. Public Service Staff Relations Act 83. Public Service Superannuation Act Coordinating Amendment 84. Courts Administration Service Act 85. Coming into force Coming into Force SCHEDULE 51-52 ELIZABETH II CHAPTER 23 An Act to establish the Canadian Centre for the Independent Resolution of First Nations Specific Claims to provide for the filing, negotiation and resolution of specific claims and to make related amendments to other Acts [Assented to 7th November, 2003] Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: SHORT TITLE Short title 1. This Act may be cited as the Specific Claims Resolution Act. Definitions 2. The following definitions apply in this Act. ‘‘Centre’’ « Centre » ‘‘Centre’’ means the Canadian Centre for the Independent Resolution of First Nations Specific Claims established under section 4. ‘‘claim limit’’ « indemnité maximale » ‘‘claim limit’’ means the maximum under paragraph 56(1)(a). ‘‘claimant’’ « revendicateur » ‘‘claimant’’ means a first nation whose specific claim has been filed. ‘‘Commission’’ « Commission » ‘‘Commission’’ means the Commission Division of the Centre described in Part 2. ‘‘Crown’’ « Sa Majesté » ‘‘Crown’’ means Her Majesty in right of Canada. ‘‘first nation’’ « première nation » ‘‘first nation’’ means (a) a band as defined in subsection 2(1) of the Indian Act; INTERPRETATION (b) a group of persons that was, but is no longer, a band within the meaning of paragraph (a) and that has, under a land � C. 23 Specific Claim claims agreement, retained the right to bring a specific claim; and (c) a group of persons that was a band within the meaning of paragraph (a), that is no longer a band by virtue of an Act or agreement mentioned in the schedule and that has not released its right to bring a specific claim. ‘‘interlocutory issue’’ « question interlocutoire » ‘‘interlocutory issue’’ means an issue in relation to which an application may be made to the Tribunal under section 47. ‘‘land claims agreement’’ « accord sur des revendications territoriales » ‘‘land claims agreement’’ has the same meaning as in subsection 35(3) of the Constitution Act, 1982. ‘‘Minister’’ « ministre » ‘‘Minister’’ means the Minister of Indian Affairs and Northern Development or such other member of the Queen’s Privy Council for Canada as may be designated by the Governor in Council as the Minister for the purposes of this Act. ‘‘party’’ « partie » ‘‘party’’, in respect of a specific claim, means any claimant and the Crown, and any province added as a party under section 37 or 60. ‘‘specific claim’’ « revendication particulière » ‘‘specific claim’’ means a claim that is filed under section 26. ‘‘Tribunal’’ « Tribunal » ‘‘Tribunal’’ means the Tribunal Division of the Centre described in Part 3. Purpose 3. The purpose of this Act is to establish the Centre, including the Commission to help first nations and the Crown resolve specific claims and the Tribunal to decide certain issues arising from those claims. PURPOSE 2002-2003 Règlement des revendi PART 1 CANADIAN CENTRE FOR THE INDEPENDENT RESOLUTION OF FIRST NATIONS SPECIFIC CLAIMS Establishment, Composition and Functions Establishment 4. The Canadian Centre for the Independent Resolution of First Nations Specific Claims is hereby established. Composition 5. The Centre consists of the Chief Executive Officer — to be appointed by the Governor in Council on the recommendation of the Minister — and the Commission and the Tribunal. Functions 6. The Centre is responsible for (a) administering the affairs of the Commission and, with the exception of any matters assigned under this Act to the Tribunal or its Chief Adjudicator, those of the Tribunal; (b) providing, at its expense, appropriate translation and interpretation services in connection with the resolution of specific claims under this Act; and (c) obtaining, developing and distributing educational materials for public information in respect of specific claims and fostering public understanding of this Act, including an understanding of the role and activities of the Commission and the Tribunal. Chief Executive Officer Functions, powers and duties 7. The Chief Executive Officer has supervision over and direction of the work and staff of the Centre. Term and tenure 8. (1) The Chief Executive Officer shall hold office during good behaviour for a term of not more than five years and may be removed for cause by the Governor in Council. Re-appointment (2) The Chief Executive Officer is eligible for re-appointment on the expiration of any term of office. � Remuneration Full-time Part-time Conflicting responsibilities and activities prohibited Compensation Deputy head Absence or incapacity C. 23 Specific Claim (3) The Chief Executive Officer shall be paid the remuneration that is fixed by the Governor in Council. (4) If the Chief Executive Officer is appointed full-time, he or she shall devote the whole of his or her time to the performance of the duties of the office and is entitled to be paid reasonable travel and living expenses incurred in the course of carrying out his or her duties under this Act while absent from his or her ordinary place of work, but the payment may not exceed the maximum limits for those expenses authorized by the Treasury Board for employees of the Government of Canada. (5) If the Chief Executive Officer is appointed part-time, he or she is entitled to be paid reasonable travel and living expenses incurred in the course of carrying out his or her duties under this Act while absent from his or her ordinary place of residence, but the payment may not exceed the maximum limits for those expenses authorized by the Treasury Board for employees of the Government of Canada. (6) The Chief Executive Officer shall not accept or hold any office or employment or carry on any activity inconsistent with the duties and functions of that office, but, for greater certainty, the Chief Executive Officer may also hold the office of Chief Commissioner of the Commission. (7) The Chief Executive Officer is deemed to be employed in the public service of Canada for the purposes of the Government Employees Compensation Act and any regulations made under section 9 of the Aeronautics Act. 9. (1) The Chief Executive Officer has the rank and status of a deputy head for the purposes of the Financial Administration Act. (2) In the event of the absence or incapacity of the Chief Executive Officer, or if the office of Chief Executive Officer is vacant, the Chief Commissioner of the Commission — or if the offices of Chief Executive Officer and Chief Commissioner are held by the same person, the Vice-Chief Commissioner of the Commission — has the powers and duties of the Chief Executive Officer. 2002-2003 Règlement des revendi Personnel Management Separate employer 10. The Centre is a separate employer under the Public Service Staff Relations Act. Personnel management 11. The Centre has exclusive authority in respect of personnel management and employer and employee relations, including the right to hire any staff it considers necessary for the proper conduct of the work of the Commission and of the Tribunal, to determine the terms and conditions of their employment and to terminate their employment, and may, in the exercise of that authority, (a) determine its requirements with respect to human resources and provide for the allocation and effective utilization of human resources; (b) implement an employment equity program; (c) determine requirements for the training and development of its personnel and fix the terms and conditions on which that training and development may be carried out; (d) provide for the classification of positions and employees; (e) determine and regulate its employees’ pay, hours of work, leave and any related matters; (f) provide for the awards that may be made to its employees for outstanding performance of their duties, for other meritorious achievement in relation to those duties and for inventions or practical suggestions for improvements; (g) establish standards of discipline for its employees and fix the financial and other penalties, including termination of employment and suspension, that may be applied for breaches of discipline or misconduct and the circumstances and manner in which and the authority by which or by whom those penalties may be applied, or be varied or rescinded in whole or in part; � C. 23 Specific Claim (h) provide for the termination of employment or the demotion to a position at a lower maximum rate of pay, for reasons other than breaches of discipline or misconduct, of its employees and establish the circumstances and manner in which and the authority by which or by whom those measures may be taken, or be varied or rescinded in whole or in part; (i) determine and regulate the payments that may be made to its employees by way of reimbursement for travel or other expenses and by way of allowances in respect of expenses and conditions arising out of their employment; and (j) provide for any other matters that the Centre considers necessary for effective personnel management. Group insurance and benefit programs 12. (1) The Centre may establish benefit programs, including group insurance programs, for its employees, may set any terms and conditions in respect of those programs, including those relating to contributions, premiums, expenditures to be made from those contributions and premiums, benefits and the management, control and audit of the programs, may make contributions and pay premiums in respect of those programs and may enter into contracts for those purposes. Financial Administration Act does not apply (2) The Financial Administration Act does not apply to any contributions made or premiums paid by the Centre or the members of any program established under subsection (1) in respect of the program or any benefits received by those members. Mobility to departments 13. (1) For the purpose of deployments or appointments made, or closed competitions held, under the Public Service Employment Act, employees of the Centre shall be treated as if they were employees within the meaning of the Public Service Employment Act and had the rights of recourse provided by that Act. When deployments made subject to terms (2) The Public Service Commission may, in consultation with the Treasury Board and the Centre, set terms and conditions for the deployment of Centre employees to departments and agencies under the Public Service 2002-2003 Règlement des revendi Employment Act if, in its opinion, the principles governing the Centre’s staffing program are incompatible with those governing staffing under that Act. Mobility to the Centre (3) When the Centre considers employees within the meaning of the Public Service Employment Act for employment within the Centre, it shall treat them as if they were employees of the Centre. Public Service Commission reviews 14. The Public Service Commission may periodically review the compatibility of the principles governing the Centre’s staffing program with those governing staffing under the Public Service Employment Act and, in that case, shall report its findings to the Centre. Political partisanship 15. Sections 32 to 34 of the Public Service Employment Act apply to the Chief Executive Officer, commissioners, adjudicators and employees of the Centre as if the Chief Executive Officer, commissioners and adjudicators were deputy heads, and the employees were employees, as defined in subsection 2(1) of that Act. General Provisions Offices 16. The offices of the Centre shall be in the National Capital Region as described in the schedule to the National Capital Act. Audit 17. The accounts and financial transactions of the Centre shall be audited annually by the Auditor General of Canada, and a report of the audit shall be made to the Centre and to the Minister. Annual report 18. (1) The Centre shall submit a report on the work of the Centre in a fiscal year to the Minister within six months after the end of that fiscal year, including the financial statements of the Centre and the report on them of the Auditor General of Canada. Tabling of report (2) The Minister shall cause a copy of the report to be laid before each House of Parliament on any of the first 30 days on which that House is sitting after the report is submitted to the Minister. � C. 23 Specific Claim Available to first nations and the public (3) The Centre shall make the report available for public scrutiny at its offices and shall provide a copy of the report to a first nation on request. Quarterly report 19. Every three months, on the dates that the Minister specifies, the Centre shall report to the Minister (a) the total amount of compensation payable in respect of specific claims resolved other than by a decision of the Tribunal during that quarter; and (b) the total amount of compensation payable in respect of specific claims resolved by a decision of the Tribunal during that quarter. PART 2 COMMISSION Composition and Role Composition Composition 20. (1) The Commission Division of the Centre consists of a Chief Commissioner, a Vice-Chief Commissioner and up to five other commissioners to be appointed by the Governor in Council on the recommendation of the Minister. Modification of number of commissioners (2) The Governor in Council may, on the recommendation of the Minister, at any time increase or reduce the number of commissioners. Full-time and part-time (3) The Chief Commissioner and ViceChief Commissioner shall be appointed as full-time commissioners, and other commissioners may be appointed as full-time or part-time commissioners. Term and tenure (4) The Chief Commissioner and the ViceChief Commissioner shall hold office during good behaviour for a term of not more than five years and may be removed for cause by the Governor in Council. 2002-2003 Règlement des revendi Term and tenure (5) The other commissioners shall hold office during good behaviour for a term of not more than three years and may be removed for cause by the Governor in Council. Re-appointment (6) A commissioner is eligible for re-appointment on the expiration of any term of office in the same or another capacity. Remuneration Full-time commissioners 21. (1) Full-time commissioners shall devote the whole of their time to the performance of the duties of their office and shall be paid the remuneration that is fixed by the Governor in Council. They are entitled to be paid reasonable travel and living expenses incurred by them in the course of carrying out their duties under this Act while absent from their ordinary place of work, but the payment may not exceed the maximum limits for those expenses authorized by the Treasury Board for employees of the Government of Canada. Part-time commissioners (2) Part-time commissioners shall be paid the remuneration that is fixed by the Governor in Council. They are entitled to be paid reasonable travel and living expenses incurred by them in the course of carrying out their duties under this Act while absent from their ordinary place of residence, but the payment may not exceed the maximum limits for those expenses authorized by the Treasury Board for employees of the Government of Canada. Conflicting responsibilities and activities prohibited (3) Commissioners shall not accept or hold any office or employment or carry on any activity inconsistent with their duties and functions as commissioner. Compensation (4) Commissioners are deemed to be employed in the public service of Canada for the purposes of the Government Employees Compensation Act and any regulations made under section 9 of the Aeronautics Act. Management Chief Commissioner 22. (1) The Chief Commissioner is responsible for the management of the business and affairs of the Commission. Absence or incapacity (2) In the event of the absence or incapacity of the Chief Commissioner, or if the office of Chief Commissioner is vacant, the ViceChief Commissioner has the powers and duties of the Chief Commissioner. �� C. 23 Specific Claim Functions, Powers and Duties Functions 23. The Commission is responsible for (a) administering funding for the research, preparation and conduct by first nations of specific claims; (b) assisting the parties in the effective use of appropriate dispute resolution processes at any time to facilitate the resolution of specific claims under this Act; and (c) referring to the Tribunal issues of validity or compensation. Powers and duties 24. The Commission, in carrying out its functions, may (a) make rules of procedure for specific claims under this Act, except with respect to proceedings before the Tribunal; (b) establish, in accordance with any appropriation or allotment of funds to the Centre for these purposes, criteria for the provision of funding to first nations for research, preparation and conduct of specific claims, and allocate the funds in accordance with those criteria; (c) arrange for any research, or expert or technical studies, agreed to by the parties; (d) assist the parties to resolve any interlocutory issues; and (e) foster, at all times, the effective use of appropriate dispute resolution processes — including facilitated negotiation, mediation, non-binding arbitration and, with the consent of the parties, binding arbitration — for the resolution of specific claims. Restriction Participation in funding administration 25. No person who participates or has participated in the administration of funding for the research, preparation or conduct of a specific claim may, in respect of the claim, attend a preparatory meeting under section 28 2002-2003 Règlement des revendi or participate in any capacity in a dispute resolution process. Process Relating to Specific Claims Filing of Claims Admissible claims 26. (1) Subject to subsections (2) and (3), a first nation may file with the Commission a claim based on any of the following grounds, for compensation for its losses arising from those grounds: (a) breach of — or failure to fulfil — a legal obligation of the Crown, including a fiduciary obligation, (i) that relates to the provision of lands or other assets and that arises from an agreement between the first nation and the Crown or from a treaty, (ii) under any legislation — pertaining to Indians or lands reserved for the Indians — of Canada or of a colony of Great Britain of which at least some portion now forms part of Canada, or (iii) that arises out of the Crown’s administration of reserve lands, Indian moneys or other assets of the claimant; (b) an illegal lease or disposition by the Crown of reserve lands; (c) failure to provide compensation for reserve lands taken or damaged by the Crown or any of its agencies under legal authority; or (d) fraud by employees or agents of the Crown in connection with the acquisition, leasing or disposition of reserve lands. Exceptions (2) A first nation may not file a claim that (a) is based on events that occurred within the 15 years immediately preceding the filing of the claim; (b) is based on a land claims agreement entered into after December 31, 1973, or any related agreement or Act of Parliament; �� C. 23 Specific Claim (c) is based on an Act of Parliament or agreement that is mentioned in the schedule, or an Act of Parliament or agreement for the implementation of such an Act or agreement; (d) concerns the delivery or funding of programs or services related to policing, regulatory enforcement, corrections, education, health, child protection or social assistance, or of any similar public programs or services; (e) is based on any agreement between the first nation and the Crown that provides for another mechanism for the resolution of disputes arising from the agreement; or (f) is based on, or alleges, aboriginal rights or title. When other proceedings (3) A first nation may not file a claim if (a) there are proceedings before a court or tribunal other than the Tribunal that relate to the same assets and could result in a decision irreconcilable with that of the claim, or that are based on the same or substantially the same facts; (b) the first nation and the Crown are parties to those proceedings; and (c) the proceedings have not been adjourned. Extended meaning of ‘‘Crown’’ — obligations (4) In the application of paragraph (1)(a) in respect of any legal obligation that was to be performed in an area within Canada’s present boundaries before that area became part of Canada, a reference to the Crown includes the Sovereign of Great Britain to the extent that the legal obligation or any liability relating to its breach or non-fulfilment became — or would, apart from any rule or doctrine that had the effect of limiting claims or prescribing rights against the Crown because of passage of time or delay, have become — the responsibility of the Crown in right of Canada. 2002-2003 Règlement des revendi Extended meaning of ‘‘Crown’’ — illegal lease or disposition (5) In the application of paragraph (1)(b) in respect of an illegal lease or disposition of reserve land located in an area within Canada’s present boundaries before that area became part of Canada, a reference to the Crown includes the Sovereign of Great Britain to the extent that liability for the illegal lease or disposition became — or would, apart from any rule or doctrine that had the effect of limiting claims or prescribing rights against the Crown because of passage of time or delay, have become — the responsibility of the Crown in right of Canada. Extended meaning of ‘‘Crown’’ — other (6) In the application of paragraphs (1)(c) and (d) in respect of reserve lands located in an area within Canada’s present boundaries, a reference to the Crown includes the Sovereign of Great Britain for the period before that area became part of Canada. Copy to Minister on filing 27. On the filing of a specific claim, the Commission shall provide a copy of it and its supporting documentation to the Minister. Preparatory Meetings Initial meeting 28. (1) The Commission shall, on the filing of a specific claim, convene a preparatory meeting of the parties for the purpose of identifying and clarifying the basis of the claim and the matters of fact or law on which the claimant relies in support of the claim, any additional research required and any other issue relevant to the preparation of the claim for consideration by the Minister. Additional meetings (2) The Commission, on the request of a party, may convene additional preparatory meetings and, when appropriate, community meetings in order to permit the involvement of other interested persons including elders, members of the claimant and relevant public officials. Amendments 29. At any time during or on the completion of the preparatory meetings, the claimant may make any amendments to its specific claim that it desires in order to fully and clearly set out the basis for its claim and the matters of �� C. 23 Specific Claim fact or law on which it relies in support of the claim. The Commission shall provide a copy of any such amendments to the Minister. Process suspended for Minister’s decision 30. (1) On the completion of the preparatory meetings relating to a specific claim and receipt of any amendments under section 29, the Commission shall suspend proceedings in relation to the claim until it receives in writing the Minister’s decision on whether the Minister will negotiate the claim. Delay not to be considered for validity (2) The Minister, in making a decision on whether to negotiate a claim, shall not consider any rule or doctrine that would have the effect of limiting claims or prescribing rights against the Crown because of passage of time or delay. Report of Minister (3) The Minister shall, at least every six months after the completion of the preparatory meetings, report to the Commission on the status of the review, the expected date of the Minister’s decision and, if applicable, the reasons why more time is required than previously expected. No deemed decision (4) No passage of time in relation to the decision on whether to negotiate a claim may be considered as constituting a decision not to negotiate the claim. Validity of Claims After decision not to negotiate 31. On receipt of the Minister’s decision not to negotiate a specific claim, the Commission shall, on the request of the claimant, assist the parties to attempt to resolve the issue of validity using any appropriate dispute resolution process. Referral to Tribunal 32. (1) On the request of the claimant, the Commission shall refer the issue of the validity of a specific claim to the Tribunal if it is satisfied that (a) the basis for the claim and all matters of fact and law on which the claimant relies in support of the claim have been fully and clearly identified and adequately researched and have been considered by the Minister; 2002-2003 Règlement des revendi (b) all dispute resolution processes appropriate for resolving the issue have been exhausted without the issue having been resolved; and (c) the claimant has, in prescribed form, waived any compensation for the claim that is in excess of the claim limit as it applies to the claim in accordance with section 56. Documents on referral (2) When it refers the issue of validity to the Tribunal, the Commission shall provide to the Tribunal a copy of all documents that it has provided to the Minister under sections 27 and 29. Issue of allocation of responsibility (3) On the request of a party, the Commission shall, together with the issue of validity, refer to the Tribunal the issue of the extent, if any, of each respondent party’s responsibility with regard to each claimant for the claim. Compensation After favourable decision on validity 33. After the Minister decides to negotiate a specific claim, or the Tribunal decides that a specific claim is valid, the Commission shall assist the parties to resolve the issue of compensation using any appropriate dispute resolution process. Amendments re compensation 34. At any time after the decision of the Minister or Tribunal referred to in section 33, the claimant may make any amendments to its specific claim that it desires in order to fully and clearly set out its position with respect to compensation and the matters of fact or law on which it relies in support of that position. The Commission shall provide a copy of any such amendments to the Minister. Referral to Tribunal 35. (1) On the request of the claimant, the Commission shall refer the issue of compensation for a specific claim to the Tribunal if it is satisfied that (a) the claimant’s position with respect to compensation and all matters of fact or law on which the claimant relies in support of that position have been fully and clearly identified and adequately researched and have been considered by the Minister in the course of a dispute resolution process under section 33; �� C. 23 Specific Claim (b) all dispute resolution processes appropriate for resolving the issue have been exhausted without the issue having been resolved; (c) no compensation other than monetary compensation is being claimed; (d) the claimant has, in prescribed form, waived any compensation for the claim that is in excess of the claim limit as it applies to the claim in accordance with section 56; and (e) the result of the following calculation is an amount not less than the claim limit: A - B - (C x D) where A is the maximum amount of compensation that may be awarded by the Tribunal in a fiscal year as published by the Minister from time to time in the Canada Gazette on the recommendation of the Minister of Indian Affairs and Northern Development and with the approval of the Treasury Board, B is the total amount of compensation awarded by the Tribunal in the current fiscal year, C is the claim limit, and D is the number of specific claims in respect of which the issue of compensation has been referred to the Tribunal but has not been decided. Documents on referral (2) When it refers the issue of compensation to the Tribunal, the Commission shall provide to the Tribunal a copy of the documents that it has provided to the Minister under sections 27, 29 and 34. Issue of allocation of responsibility (3) On the request of a party, the Commission shall, together with the issue of compensation, refer to the Tribunal the issue of the extent, if any, of each respondent party’s responsibility with regard to each claimant for the claim. 2002-2003 Règlement des revendi General Notice 36. (1) The Commission shall give notice of the filing of a specific claim to each province, first nation or person whose interests a party indicates in writing to the Commission might be significantly affected by the claim. Effect of failure to notify (2) Failure to provide notice does not invalidate any resolution of a specific claim under this Part. Participation 37. On the request of the parties, the Commission shall allow a province, first nation or person to be consulted during a dispute resolution process under this Part, or a province or first nation to participate as a party. No disclosure, production or testimony without consent — Chief Executive Officer, commissioner or employee 38. (1) Subject to section 75, the Chief Executive Officer, a commissioner or an employee of the Centre who obtains any document or information related to a specific claim in the course of their appointment or employment, unless the parties to the claim consent, may not be compelled to, and shall not, disclose, produce or give evidence about the document or information. No disclosure, production or testimony without consent — contractor (2) Subject to section 75, a person whose services are engaged by the Centre in respect of a specific claim and who obtains any document or information in the course of their engagement, unless the parties to the claim consent, may not be compelled to, and shall not, disclose, produce or give evidence about the document or information. Prohibition on representing parties — Chief Executive Officer, commissioner or employee 39. (1) The Chief Executive Officer, a commissioner or an employee of the Centre may not represent a party at a Tribunal hearing. �� C. 23 Specific Claim Prohibition on representing parties — contractor (2) A person whose services are engaged by the Centre in respect of a specific claim may not represent a party at a Tribunal hearing in respect of the claim or any other claim based on the same or substantially the same facts. Evidence not admissible in other proceedings 40. Evidence of anything said, any position taken or any admission made by any person in the course of a dispute resolution process under this Part is not admissible, without the consent of all parties, before the Tribunal or in any other proceeding. PART 3 TRIBUNAL Composition and Role Composition Composition 41. (1) The Tribunal Division of the Centre consists of a Chief Adjudicator, a Vice-Chief Adjudicator and up to five other adjudicators to be appointed by the Governor in Council on the recommendation of the Minister. Eligibility (2) The majority of the adjudicators, including one of the Chief Adjudicator or the Vice-Chief Adjudicator, must be members in good standing of the bar of a province or the Chambre des notaires du Québec. Modification of number of adjudicators (3) The Governor in Council may, on the recommendation of the Minister, at any time increase or reduce the number of adjudicators. Full-time and part-time (4) The Chief Adjudicator and Vice-Chief Adjudicator shall be appointed as full-time adjudicators, and other adjudicators may be appointed as full-time or part-time adjudicators. Term and tenure (5) The Chief Adjudicator and the ViceChief Adjudicator shall hold office during good behaviour for a term of not more than five years and may be removed for cause by the Governor in Council. 2002-2003 Règlement des revendi Term and tenure (6) The other adjudicators shall hold office during good behaviour for a term of not more than three years and may be removed for cause by the Governor in Council. Re-appointment (7) An adjudicator is eligible for re-appointment on the expiration of any term of office in the same or another capacity. Remuneration Full-time adjudicators 42. (1) Full-time adjudicators shall devote the whole of their time to the performance of the duties of their office and shall be paid the remuneration that is fixed by the Governor in Council. They are entitled to be paid reasonable travel and living expenses incurred by them in the course of carrying out their duties under this Act while absent from their ordinary place of work, but the payment may not exceed the maximum limits for those expenses authorized by the Treasury Board for employees of the Government of Canada. Part-time adjudicators (2) Part-time adjudicators shall be paid the remuneration that is fixed by the Governor in Council. They are entitled to be paid reasonable travel and living expenses incurred by them in the course of carrying out their duties under this Act while absent from their ordinary place of residence, but the payment may not exceed the maximum limits for those expenses authorized by the Treasury Board for employees of the Government of Canada. Conflicting responsibilities and activities prohibited (3) Adjudicators shall not accept or hold any office or employment or carry on any activity inconsistent with their duties and functions as adjudicator. Compensation (4) Adjudicators are deemed to be employed in the public service of Canada for the purposes of the Government Employees Compensation Act and any regulations made under section 9 of the Aeronautics Act. Management Chief Adjudicator 43. (1) The Chief Adjudicator is responsible for the management of the business and affairs of the Tribunal, including the following responsibilities: (a) to strike panels to conduct hearings and decide issues before the Tribunal; �� C. 23 Specific Claim (b) to lead the Tribunal in the exercise of its power to make rules under subsection 45(1); and (c) to provide guidance and assistance to panels. Absence or incapacity (2) In the event of the absence or incapacity of the Chief Adjudicator or if the office of Chief Adjudicator is vacant, the Vice-Chief Adjudicator has the powers and duties of the Chief Adjudicator. Functions, Powers and Duties Functions 44. The Tribunal is responsible to hold hearings into and decide issues before it relating to specific claims. Powers of the Tribunal 45. (1) The Tribunal may make rules governing the proceedings, practice and procedures of panels, including rules governing (a) giving of notice; (b) presentation of the positions of the parties with respect to issues before the Tribunal and of matters of fact or law on which the parties rely in support of their positions; (c) summoning of witnesses; (d) production and service of documents; (e) discovery proceedings; (f) taking and preservation of evidence before the start of a hearing; (g) pre-hearing conferences; (h) introduction of evidence; (i) imposition of time limits; and (j) costs, which rules shall accord with the rules of the Federal Court, with any modifications that may be required. Publication of rules Powers of a panel (2) The Tribunal shall make its rules available to the public and, if possible, publish them in the First Nations Gazette or a similar publication. 46. A panel of the Tribunal may (a) determine any questions of law or fact in relation to any matter within its jurisdiction under this Act; (b) order that specific claims be heard together or consecutively if they have issues of law or fact in common; 2002-2003 Règlement des revendi (c) order that specific claims be decided together if decisions of the claims could be irreconcilable or if they are subject to one claim limit under subsection 56(2); (d) delay or suspend a hearing or delay its decision of an issue (i) to await any court decision that the panel reasonably expects will assist it in its hearing or decision, (ii) to allow the parties to make further efforts to resolve an issue, (iii) to permit further preparations by a party, or (iv) for any other reason that the panel considers appropriate; (e) in the same manner and to the same extent as a superior court of record, summon and enforce the attendance of witnesses and compel them to give oral or written evidence on oath and to produce the documents and things that the panel considers necessary to a full hearing and consideration of the matter before it; (f) receive and accept any evidence, including oral history, and other information, whether on oath or by affidavit or otherwise, that it sees fit, whether or not that evidence or information is or would be admissible in a court of law, unless it would be inadmissible in a court by reason of any privilege under the law of evidence; (g) in applying the Tribunal’s rules of practice and procedure, take into consideration cultural diversity; (h) lengthen or shorten any time limit established by the Tribunal’s rules of practice and procedure; and (i) award costs in accordance with the Tribunal’s rules of practice and procedure. �� C. 23 Specific Claim Panels, Hearings and Decisions Applications 47. On application by a party to a specific claim, the Tribunal may, at any time, determine (a) in relation to a specific claim that is before the Commission, to summon witnesses or to order production of documents; (b) whether the claim and any other specific claim should be heard together or consecutively, or decided together; or (c) any other issue that needs to be resolved for a dispute resolution process in relation to the specific claim to proceed, if all other parties consent. Panel for interlocutory issue 48. On an application to determine an interlocutory issue, the Chief Adjudicator shall strike a panel of one adjudicator who must be a member in good standing of the bar of a province or the Chambre des notaires du Québec, or of three adjudicators, at least one of whom must be such a member, to decide the issue. If a panel of three adjudicators has been struck, the Chief Adjudicator shall designate one of them to chair the panel, but the Chief Adjudicator shall chair the panel if he or she is a member of it. Hearing and decision 49. A panel shall, after providing notice to the parties, hold a hearing, at the time and place that the panel considers most appropriate, into the interlocutory issue in respect of which the panel was struck, and make a decision on it. Application to strike 50. On application by a party to a specific claim, the Tribunal may, at any time in whole or in part, order that the claim be struck out, with or without leave to amend, on the ground that it (a) is, on its face, not admissible under section 26; (b) has not been filed by a first nation; (c) is frivolous, vexatious or premature; or (d) may not, under section 74, be continued. 2002-2003 Decision of issue Règlement des revendi 51. On application by a party to a specific claim, the Tribunal may, at any time, decide (a) whether the claim is, together with any other specific claim, subject to one claim limit under subsection 56(2); or (b) any other issue, if all other parties consent. Panel for final decision 52. On an application under section 50 or 51, or the referral to the Tribunal of an issue of validity or compensation, the Chief Adjudicator shall strike a panel of three or five adjudicators, at least one of whom must be a member in good standing of the bar of a province or the Chambre des notaires du Québec. The Chief Adjudicator shall designate one of them to chair the panel, but the Chief Adjudicator shall chair the panel if he or she is a member of it. Hearing and decision 53. A panel shall, after providing notice to the parties, hold a hearing, at the time and place that the panel considers most appropriate, into the issue in respect of which the panel was struck, and make a decision on it. Limitation 54. In deciding an issue of the validity of a specific claim, a panel shall not consider any rule or doctrine that would have the effect of limiting claims or prescribing rights against the Crown because of passage of time or delay. Decision on extent of responsibility 55. For greater certainty, a panel, in making a decision on the extent of responsibility of each respondent party to a specific claim, may determine that any respondent is, or all the respondents together are, not responsible or not wholly responsible for the claim. Basis and limitations for decision on compensation 56. (1) A panel, in making a decision on an issue of compensation for a specific claim, (a) shall calculate the pecuniary losses in relation to the claim, to the prescribed maximum, or, if none is prescribed, to a �� C. 23 Specific Claim maximum of ten million dollars, based on principles of compensation applied by courts; (b) may not include any amount for (i) punitive or exemplary damages, or (ii) any harm or loss that is not pecuniary in nature; and (c) shall award compensation against each respondent party proportional to the party’s responsibility for the losses calculated under paragraph (a). One claim limit for related claims (2) Two or more specific claims shall, for the purposes of the application of the claim limit under paragraph (1)(a), be treated as one claim if they (a) are made by the same claimant and are based on the same or substantially the same facts; or (b) are made by different claimants, are based on the same or substantially the same facts and relate to the same assets. Equitable apportionment (3) If claims are treated as one claim under paragraph (2)(b), the panel shall apportion equitably among the claimants the total amount awarded. Unlawful disposition 57. (1) If compensation is awarded under this Act for an unlawful disposition of all of the interests or rights of a claimant in or to land and the interests or rights have never been restored to the claimant, then, despite section 39 of the Indian Act, all the claimant’s interests in, and rights to, the land are extinguished, without prejudice to any right of the claimant to bring any proceeding related to that unlawful disposition against a province that is not a party to the specific claim. Unlawful lease (2) Despite section 39 of the Indian Act, if compensation is awarded under this Act in relation to the unexpired period of a lease of land entered into by the Crown in contravention of the rights of the claimant, then, for the duration of that period, the persons who, if the lease had been lawful, would have had any 2002-2003 Règlement des revendi interest in, or right to enjoy, the land are deemed to have that interest or right. Acting after termination of appointment 58. (1) A person who has ceased to be an adjudicator of the Tribunal may, with the authorization of the Chief Adjudicator and for the period that the Chief Adjudicator fixes, take part in the disposition of any matter in which the person became engaged while holding office as an adjudicator, and a person so authorized is, for that purpose, deemed to be an adjudicator. If adjudicator unable to act (2) If an adjudicator who participates in a panel charged with deciding an issue is, for any reason, unable to take part in the decision, the Chief Adjudicator may, taking into account sections 48 and 52, authorize the remaining adjudicators of the panel to make the decision. Notice to others 59. (1) If a panel’s decision of an issue in relation to a specific claim might, in the opinion of the panel, significantly affect the interests of a province, first nation or person that has not previously been notified of the claim under subsection 36(1), the Tribunal shall so notify them. The parties may make submissions to the panel as to whose interests might be affected. Effect of failure to notify (2) Failure to provide notice does not invalidate any decision of the panel. Party status 60. The Tribunal shall grant status as a party in a specific claim to a province that has agreed to submit to the jurisdiction of the Tribunal for that claim. Conduct of hearings 61. (1) Subject to this Act, a panel shall conduct its hearings in any manner that it considers fit. Limitation (2) In deciding how to conduct a hearing, a panel shall have regard to any submissions that a party has made regarding the manner in which the hearing is to be conducted and to the importance of achieving an expeditious resolution. �� C. 23 Specific Claim Public hearings 62. (1) Subject to subsection (2), panel hearings shall be public. Confidential hearings (2) A panel may, on application by a party, take any appropriate measures and make any order that the panel considers necessary to ensure the confidentiality of a hearing if the panel is satisfied that the reasons for confidentiality outweigh the societal interest that the hearing be conducted in public. Right to cross-examine 63. A party may cross-examine a witness (a) as of right, if the witness is called by a party adverse in interest; and (b) with leave of the panel, in any other case. Defences of Crown 64. Subject to section 54, section 24 of the Crown Liability and Proceedings Act applies in respect of a specific claim as if it were a proceeding. Claims to be decided together 65. If a panel determines that specific claims are subject to one claim limit under subsection 56(2) or that they present common issues of law or fact that create a risk that decisions on the claims will be irreconcilable, it shall, unless the parties otherwise agree, decide the claims together. Suspension 66. If a panel, in considering a specific claim, determines that a first nation has a specific claim or a potential specific claim based on the same or substantially the same facts and relating to the same assets as the specific claim, or that there is any other specific claim or potential specific claim by a first nation that must be before the Tribunal to enable a full resolution of the specific claim, it shall suspend proceedings with respect to the specific claim until, in the case of another specific claim, it is before the Tribunal or, in the case of a potential specific claim, it has been filed under this Act and is before the Tribunal. 2002-2003 Règlement des revendi Withdrawal 67. (1) A party may withdraw an issue from the Tribunal at any time before the Tribunal gives its decision on it and, in such a case, the panel shall not render a decision on it. Costs (2) A panel may award costs on the withdrawal of an issue from the Tribunal. Not a bar (3) Withdrawal of an issue does not bar any subsequent consideration of the issue by the Tribunal. Evidence not admissible in other proceedings 68. Subject to subsection 71(1), evidence of anything said, any position taken or any admission made by a person in the course of a panel hearing is not admissible in any other proceeding. Advance notice of decision on compensation 69. Not later than 14 days before a panel renders its decision on an issue of compensation, the Tribunal shall give notice to the parties and to the Chief Executive Officer that the decision will be rendered. Written reasons and publication 70. A panel shall give written reasons for its decisions. The Tribunal shall cause the reasons and the decisions to be published in the manner that the Tribunal decides. Judicial review 71. (1) A decision of a panel is subject to judicial review under the Federal Court Act. Final and conclusive (2) Subject to subsection (1), a panel’s decisions are not subject to appeal or review and, except for decisions with respect to interlocutory issues, are final and conclusive between the parties in all proceedings in any court or tribunal arising out of the same or substantially the same facts. Exception re decision of validity (3) Despite subsection (2), a decision of a panel that a specific claim is valid is conclusive only under this Act and, except for the purposes of judicial review under subsection (1), any evidence of the decision is inadmissible before any other court or tribunal. Release and indemnity 72. If a panel makes an order that a specific claim is invalid or awards compensation for a specific claim, (a) each respondent party is released from any cause of action, claim or liability to the �� C. 23 Specific Claim claimant and any of its members of any kind, direct or indirect, arising out of the same or substantially the same facts on which the claim is based; and (b) the claimant shall indemnify each respondent party against any amount that the respondent party becomes liable to pay as a result of a claim, action or other proceeding for damages brought by the claimant or any of its members against any other person arising out of the same or substantially the same facts. Payment of award 73. (1) An award of compensation against the Crown may be paid by instalments, but the award must be fully paid within five years after the date of the Tribunal’s decision. Interest (2) The unpaid balance of the award bears simple interest from the date of the award, at a rate equal to the lowest rate of interest quoted by banks to the most credit-worthy borrowers for prime business loans, as determined and published by the Bank of Canada for the month in which the award was made, which shall be paid together with each instalment. PART 4 GENERAL Abandonment 74. A specific claim may not be continued if the claimant (a) commences, before another tribunal or a court, a proceeding against the Crown that is based on the same or substantially the same facts as the claim, or that relates to the same assets as the claim and could result in a decision irreconcilable with that of the claim, unless the claimant immediately has the proceeding adjourned; or (b) takes a new step in, or does not continue to adjourn, a proceeding mentioned in paragraph (a) or in subsection 26(3). 2002-2003 Public documents Confidential documents Règlement des revendi 75. (1) Subject to subsection (2), documents filed with the Commission or with the Tribunal are public documents. (2) The Commission, on the request of a party, or a panel of the Tribunal, on the application of a party, may take any measures that it considers necessary to ensure the confidentiality of a document if it is satisfied that the interest of a party or a person that the document not be disclosed outweighs the societal interest that it be public. Review 76. (1) Not earlier than three years and not later than five years after the coming into force of this section, the Minister shall undertake and complete a review of the mandate and structure of the Centre, of its efficiency and effectiveness of operation and of any other matters related to this Act that the Minister considers appropriate. In carrying out the review, the Minister shall give to first nations an opportunity to make representations. Report (2) On completion of the review, the Minister shall cause to be prepared and sign a report that sets out a statement of any changes to this Act, including any changes to the functions, powers or duties of the Centre or either of its divisions, that the Minister recommends. Tabling and referral of report (3) The Minister shall submit to each House of Parliament a copy of the report on any of the first 90 days on which that House is sitting after the Minister signs the report, and each House shall refer the report to the appropriate committee of that House. Opportunity to make representations regarding appointments 76.1 The Minister shall, before making a recommendation under section 5 or subsection 20(1) or 41(1), notify claimants — which notification may be by ordinary mail sent to their latest known addresses — that they may, during a period that the Minister specifies of not less than 30 days after the date of the notice, make representations in respect of appointments to the office or offices in question. �� C. 23 Specific Claim Avoidance of conflicting conduct 76.2 (1) At no time shall a person who was appointed under section 5 or subsection 20(1) or 41(1) act for any party in connection with any specific claim in relation to which they performed any work or concerning which they obtained significant information during their term in office. One-year non-employment period (2) Persons who were appointed under section 5 or subsection 20(1) or 41(1) shall not, within a period of one year after the end of their term in office, accept any employment with or enter into a contract for services with the Department of Indian Affairs and Northern Development or a first nation that had a pending specific claim — before the Commission or the Tribunal, in the case of the Chief Executive Officer, or, in the case of a commissioner or adjudicator, before the Division of the Centre to which the person was appointed — at any time during their term in office. Regulations 77. The Governor in Council may make regulations (a) adding to Part 2 of the schedule the name of any agreement related to aboriginal self-government; and (b) prescribing anything that may, under this Act, be prescribed. PART 5 TRANSITIONAL PROVISION, CONSEQUENTIAL AMENDMENTS, COORDINATING AMENDMENT AND COMING INTO FORCE Transitional Provision Meaning of ‘‘claimant’’ 77.1 During the period of one year after the coming into force of section 76.1, the reference in that section to ‘‘claimants’’ shall be read as a reference to ‘‘claimants under this Act or under the Specific Claims Policy of the Government of Canada’’. Consequential Amendments R.S., c. A-1 Access to Information Act 78. Schedule I to the Access to Information Act is amended by adding the following in alphabetical order under the heading ‘‘Other Government Institutions’’: 2002-2003 Règlement des revendi Canadian Centre for the Independent Resolution of First Nations Specific Claims Centre canadien du règlement indépendant des revendications particulières des premières nations 79. Schedule II to the Act is amended by adding, in alphabetical order, a reference to Specific Claims Resolution Act Loi sur le règlement des revendications particulières and a corresponding reference to ‘‘section 38 and subsections 62(2) and 75(2)’’. R.S., c. F-11 Financial Administration Act 80. Schedule I.1 to the Financial Administration Act is amended by adding the following in alphabetical order in column I: Canadian Centre for the Independent Resolution of First Nations Specific Claims Centre canadien du règlement indépendant des revendications particulières des premières nations and a corresponding reference in column II to the ‘‘Minister of Indian Affairs and Northern Development’’. R.S., c. P-21 Privacy Act 81. The schedule to the Privacy Act is amended by adding the following in alphabetical order under the heading ‘‘Other Government Institutions’’: Canadian Centre for the Independent Resolution of First Nations Specific Claims Centre canadien du règlement indépendant des revendications particulières des premières nations �� R.S., c. P-35 C. 23 Specific Claim Public Service Staff Relations Act 82. Part II of Schedule I to the Public Service Staff Relations Act is amended by adding the following in alphabetical order: Canadian Centre for the Independent Resolution of First Nations Specific Claims Centre canadien du règlement indépendant des revendications particulières des premières nations R.S., c. P-36 Public Service Superannuation Act 83. Part I of Schedule I to the Public Service Superannuation Act is amended by adding the following in alphabetical order: Canadian Centre for the Independent Resolution of First Nations Specific Claims Centre canadien du règlement indépendant des revendications particulières des premières nations Coordinating Amendment 84. On the later of the coming into force of section 14 of the Courts Administration Service Act, chapter 8 of the Statutes of Canada, 2002, and subsection 71(1) of this Act, subsection 71(1) of this Act is replaced by the following: Judicial review Coming into force 71. (1) A decision of a panel is subject to judicial review under the Federal Courts Act. Coming into Force 85. The provisions of this Act come into force on a day or days to be fixed by order of the Governor in Council. 2002-2003 Règlement des revendication SCHEDULE (Section 2 and paragraphs 26(2)(c) and 77(a)) PART 1 ACTS RELATED TO SELF-GOVERNMENT Cree-Naskapi (of Quebec) Act Loi sur les Cris et les Naskapis du Québec Kanesatake Interim Land Base Governance Act Loi sur le gouvernement du territoire provisoire de Kanesatake Mi’kmaq Education Act Loi sur l’éducation des Mi’kmaq Nisga’a Final Agreement Act Loi sur l’Accord définitif nisga’a Sechelt Indian Band Self-Government Act Loi sur l’autonomie gouvernementale de la bande indienne sechelte Yukon First Nations Self-Government Act Loi sur l’autonomie gouvernementale des premières nations du Yukon PART 2 AGREEMENTS RELATED TO SELF-GOVERNMENT Champagne and Aishihik First Nations Self-Government Agreement Entente sur l’autonomie gouvernementale des Premières Nations de Champagne et de Aishihik Little Salmon/Carmacks Self-Government Agreement Entente sur l’autonomie gouvernementale de la première nation de Little Salmon/Carmacks Nacho Nyak Dun First Nation Self-Government Agreement Entente sur l’autonomie gouvernementale de la première nation des Nacho Nyak Dun Selkirk First Nation Self-Government Agreement Entente sur l’autonomie gouvernementale de la première nation de Selkirk Ta’an Kwach’an Council Self-Government Agreement Entente sur l’autonomie gouvernementale du Conseil des Ta’an Kwach’an Teslin Tlingit Council Self-Government Agreement Entente sur l’autonomie gouvernementale du conseil des Tlingits de Teslin �� C. 23 Specific Claims Reso Tr’ondek Hwech’in Self-Government Agreement Entente sur l’autonomie gouvernementale des Tr’ondèk Hwëch’in Vuntut Gwitchin First Nation Self-Government Agreement Entente sur l’autonomie gouvernementale de la première nation des Gwitchin Vuntut Published under authority of the Speaker of the House of Commons Available from: ������������� ����������������� ���������� ���������� Ottawa, Canada K1A 0S9 ��������� ����� ������������� ����������������� ���������� ����������� ������� ������� ��� ���

Second Session, Thirty-seventh Parliament, 51-52 Elizabeth II, 2002-2003 STATUTES OF CANADA 2003 CHAPTER 21 An Act to amend the Criminal Code (criminal liability of organizations) BILL C-45 ASSENTED TO 7th NOVEMBER, 2003 SUMMARY This enactment amends the Criminal Code to (a) establish rules for attributing to organizations, including corporations, criminal liability for the acts of their representatives; (b) establish a legal duty for all persons directing work to take reasonable steps to ensure the safety of workers and the public; (c) set out factors for courts to consider when sentencing an organization; and (d) provide optional conditions of probation that a court may impose on an organization. ��� ������������� ������������ ��� ��������� �� ��� ������������� �������� ������������� �� ��� ��������� �������� ��������������������� 51-52 ELIZABETH II CHAPTER 21 An Act to amend the Criminal Code (criminal liability of organizations) [Assented to 7th November, 2003] Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: R.S., c. C-46 CRIMINAL CODE 1. (1) The definition ‘‘ ‘‘every one’’, ‘‘person’’, ‘‘owner’’ ’’ in section 2 of the Criminal Code is replaced by the following: ‘‘every one’’, ‘‘person’’ and ‘‘owner’’ « quiconque », « individu », « personne » et « propriétaire » ‘‘every one’’, ‘‘person’’ and ‘‘owner’’, and similar expressions, include Her Majesty and an organization; (2) Section 2 of the Act is amended by adding the following in alphabetical order: ‘‘organization’’ « organisation » ‘‘organization’’ means (a) a public body, body corporate, society, company, firm, partnership, trade union or municipality, or (b) an association of persons that (i) is created for a common purpose, (ii) has an operational structure, and (iii) holds itself out to the public as an association of persons; ‘‘representative’’ « agent » ‘‘representative’’, in respect of an organization, means a director, partner, employee, member, agent or contractor of the organization; ‘‘senior officer’’ « cadre supérieur » ‘‘senior officer’’ means a representative who plays an important role in the establishment � C. 21 Criminal Code (criminal l of an organization’s policies or is responsible for managing an important aspect of the organization’s activities and, in the case of a body corporate, includes a director, its chief executive officer and its chief financial officer; 2. The Act is amended by adding the following after section 22: Offences of negligence — organizations 22.1 In respect of an offence that requires the prosecution to prove negligence, an organization is a party to the offence if (a) acting within the scope of their authority (i) one of its representatives is a party to the offence, or (ii) two or more of its representatives engage in conduct, whether by act or omission, such that, if it had been the conduct of only one representative, that representative would have been a party to the offence; and (b) the senior officer who is responsible for the aspect of the organization’s activities that is relevant to the offence departs — or the senior officers, collectively, depart — markedly from the standard of care that, in the circumstances, could reasonably be expected to prevent a representative of the organization from being a party to the offence. Other offences — organizations 22.2 In respect of an offence that requires the prosecution to prove fault — other than negligence — an organization is a party to the offence if, with the intent at least in part to benefit the organization, one of its senior officers (a) acting within the scope of their authority, is a party to the offence; (b) having the mental state required to be a party to the offence and acting within the scope of their authority, directs the work of other representatives of the organization so that they do the act or make the omission specified in the offence; or (c) knowing that a representative of the organization is or is about to be a party to the 2002-2003 Code criminel (responsabilit offence, does not take all reasonable measures to stop them from being a party to the offence. 3. The Act is amended by adding the following after section 217: Duty of persons directing work 217.1 Every one who undertakes, or has the authority, to direct how another person does work or performs a task is under a legal duty to take reasonable steps to prevent bodily harm to that person, or any other person, arising from that work or task. 4. Paragraph 328(e) of the Act is replaced by the following: (e) by the representatives of an organization from the organization. 5. (1) The portion of paragraph 362(1)(c) of the Act before subparagraph (i) is replaced by the following: (c) knowingly makes or causes to be made, directly or indirectly, a false statement in writing with intent that it should be relied on, with respect to the financial condition or means or ability to pay of himself or herself or any person or organization that he or she is interested in or that he or she acts for, for the purpose of procuring, in any form whatever, whether for his or her benefit or the benefit of that person or organization, (2) Paragraph 362(1)(d) of the Act is replaced by the following: (d) knowing that a false statement in writing has been made with respect to the financial condition or means or ability to pay of himself or herself or another person or organization that he or she is interested in or that he or she acts for, procures on the faith of that statement, whether for his or her benefit or for the benefit of that person or organization, anything mentioned in subparagraphs (c)(i) to (vi). 6. Section 391 of the Act is repealed. � Offences by representatives 1997, c. 18, s. 35(2) C. 21 Criminal Code (criminal l 6.1 The portion of subsection 418(2) of the Act before paragraph (a) is replaced by the following: (2) Every one who, being a representative of an organization that commits, by fraud, an offence under subsection (1), 7. Paragraph 462.38(3)(b) of the Act is replaced by the following: (b) a warrant for the arrest of the person or a summons in respect of an organization has been issued in relation to that information, and 8. Section 538 of the Act is replaced by the following: Organization 538. Where an accused is an organization, subsections 556(1) and (2) apply with such modifications as the circumstances require. R.S., c. 27 (1st Supp.), s. 107; 1999, c. 3, s. 40 9. Section 556 of the Act is replaced by the following: Organization 556. (1) An accused organization shall appear by counsel or agent. Non-appearance (2) Where an accused organization does not appear pursuant to a summons and service of the summons on the organization is proved, the provincial court judge or, in Nunavut, the judge of the Nunavut Court of Justice (a) may, if the charge is one over which the judge has absolute jurisdiction, proceed with the trial of the charge in the absence of the accused organization; and (b) shall, if the charge is not one over which the judge has absolute jurisdiction, hold a preliminary inquiry in accordance with Part XVIII in the absence of the accused organization. Organization not electing (3) If an accused organization appears but does not elect when put to an election under subsection 536(2) or 536.1(2), the provincial court judge or judge of the Nunavut Court of Justice shall hold a preliminary inquiry in accordance with Part XVIII. 2002-2003 Code criminel (responsabilit R.S., c. 27 (1st Supp.), s. 203 10. Subsection 570(5) of the Act is replaced by the following: Warrant of committal (5) Where an accused other than an organization is convicted, the judge or provincial court judge, as the case may be, shall issue or cause to be issued a warrant of committal in Form 21, and section 528 applies in respect of a warrant of committal issued under this subsection. 1995, c. 22, s. 10 (Sch. I, item 21); 1997, c. 18, ss. 70 to 72 11. The heading before section 620 and sections 620 to 623 of the Act are replaced by the following: Organizations Appearance by attorney 620. Every organization against which an indictment is filed shall appear and plead by counsel or agent. Notice to organization 621. (1) The clerk of the court or the prosecutor may, where an indictment is filed against an organization, cause a notice of the indictment to be served on the organization. Contents of notice (2) A notice of an indictment referred to in subsection (1) shall set out the nature and purport of the indictment and advise that, unless the organization appears on the date set out in the notice or the date fixed under subsection 548(2.1), and enters a plea, a plea of not guilty will be entered for the accused by the court, and that the trial of the indictment will be proceeded with as though the organization had appeared and pleaded. Procedure on default of appearance 622. Where an organization does not appear in accordance with the notice referred to in section 621, the presiding judge may, on proof of service of the notice, order the clerk of the court to enter a plea of not guilty on behalf of the organization, and the plea has the same force and effect as if the organization had appeared by its counsel or agent and pleaded that plea. Trial of organization 623. Where an organization appears and pleads to an indictment or a plea of not guilty is entered by order of the court under section 622, the court shall proceed with the trial of the indictment and, where the organization is convicted, section 735 applies. � C. 21 Criminal Code (criminal l 2002, c. 13, s. 60 12. Subsection 650(1) of the Act is replaced by the following: Accused to be present 650. (1) Subject to subsections (1.1) to (2) and section 650.01, an accused, other than an organization, shall be present in court during the whole of his or her trial. R.S., c. 27 (1st Supp.), s. 149 13. Section 703.2 of the Act is replaced by the following: Service of process on an organization 703.2 Where any summons, notice or other process is required to be or may be served on an organization, and no other method of service is provided, service may be effected by delivery (a) in the case of a municipality, to the mayor, warden, reeve or other chief officer of the municipality, or to the secretary, treasurer or clerk of the municipality; and (b) in the case of any other organization, to the manager, secretary or other senior officer of the organization or one of its branches. 14. The Act is amended by adding the following after section 718.2: Organizations Additional factors 718.21 A court that imposes a sentence on an organization shall also take into consideration the following factors: (a) any advantage realized by the organization as a result of the offence; (b) the degree of planning involved in carrying out the offence and the duration and complexity of the offence; (c) whether the organization has attempted to conceal its assets, or convert them, in order to show that it is not able to pay a fine or make restitution; (d) the impact that the sentence would have on the economic viability of the organization and the continued employment of its employees; (e) the cost to public authorities of the investigation and prosecution of the offence; 2002-2003 Code criminel (responsabilit (f) any regulatory penalty imposed on the organization or one of its representatives in respect of the conduct that formed the basis of the offence; (g) whether the organization was — or any of its representatives who were involved in the commission of the offence were — convicted of a similar offence or sanctioned by a regulatory body for similar conduct; (h) any penalty imposed by the organization on a representative for their role in the commission of the offence; (i) any restitution that the organization is ordered to make or any amount that the organization has paid to a victim of the offence; and (j) any measures that the organization has taken to reduce the likelihood of it committing a subsequent offence. 1995, c. 22, s. 6 15. Subsection 721(1) of the Act is replaced by the following: Report by probation officer 721. (1) Subject to regulations made under subsection (2), where an accused, other than an organization, pleads guilty to or is found guilty of an offence, a probation officer shall, if required to do so by a court, prepare and file with the court a report in writing relating to the accused for the purpose of assisting the court in imposing a sentence or in determining whether the accused should be discharged under section 730. 1995, c. 22, s. 6 16. Subsection 727(4) of the Act is replaced by the following: Organizations (4) If, under section 623, the court proceeds with the trial of an organization that has not appeared and pleaded and convicts the organization, the court may, whether or not the organization was notified that a greater punishment would be sought by reason of a previous conviction, make inquiries and hear evidence with respect to previous convictions of the organization and, if any such conviction is proved, may impose a greater punishment by reason of that conviction. 1997, c. 18, par. 141(d) 17. Subsection 730(1) of the Act is replaced by the following: � C. 21 Criminal Code (criminal l Conditional and absolute discharge 730. (1) Where an accused, other than an organization, pleads guilty to or is found guilty of an offence, other than an offence for which a minimum punishment is prescribed by law or an offence punishable by imprisonment for fourteen years or for life, the court before which the accused appears may, if it considers it to be in the best interests of the accused and not contrary to the public interest, instead of convicting the accused, by order direct that the accused be discharged absolutely or on the conditions prescribed in a probation order made under subsection 731(2). 1995, c. 22, s. 6 18. (1) The definition ‘‘optional conditions’’ in subsection 732.1(1) of the Act is replaced by the following: ‘‘optional conditions’’ « conditions facultatives » ‘‘optional conditions’’ means the conditions referred to in subsection (3) or (3.1). (2) Section 732.1 of the Act is amended by adding the following after subsection (3): Optional conditions — organization (3.1) The court may prescribe, as additional conditions of a probation order made in respect of an organization, that the offender do one or more of the following: (a) make restitution to a person for any loss or damage that they suffered as a result of the offence; (b) establish policies, standards and procedures to reduce the likelihood of the organization committing a subsequent offence; (c) communicate those policies, standards and procedures to its representatives; (d) report to the court on the implementation of those policies, standards and procedures; (e) identify the senior officer who is responsible for compliance with those policies, standards and procedures; (f) provide, in the manner specified by the court, the following information to the public, namely, (i) the offence of which the organization was convicted, 2002-2003 Code criminel (responsabilit (ii) the sentence imposed by the court, and (iii) any measures that the organization is taking — including any policies, standards and procedures established under paragraph (b) — to reduce the likelihood of it committing a subsequent offence; and (g) comply with any other reasonable conditions that the court considers desirable to prevent the organization from committing subsequent offences or to remedy the harm caused by the offence. Consideration — organizations (3.2) Before making an order under paragraph (3.1)(b), a court shall consider whether it would be more appropriate for another regulatory body to supervise the development or implementation of the policies, standards and procedures referred to in that paragraph. 1999, c. 5, s. 33(1) 19. The portion of subsection 734(1) of the Act before paragraph (a) is replaced by the following: Power of court to impose fine 734. (1) Subject to subsection (2), a court that convicts a person, other than an organization, of an offence may fine the offender by making an order under section 734.1 1995, c. 22, s. 6 20. (1) The portion of subsection 735(1) of the Act before paragraph (a) is replaced by the following: Fines on organizations 735. (1) An organization that is convicted of an offence is liable, in lieu of any imprisonment that is prescribed as punishment for that offence, to be fined in an amount, except where otherwise provided by law, 1995, c. 22, s. 6 (2) Paragraph 735(1)(b) of the Act is replaced by the following: (b) not exceeding one hundred thousand dollars, where the offence is a summary conviction offence. 1999, c. 5, s. 37 (3) Subsection 735(2) of the Act is replaced by the following: Effect of filing order (2) Section 734.6 applies, with any modifications that are required, when an organization fails to pay the fine in accordance with the terms of the order. �� C. 21 Criminal Code (criminal l 21. Subsection 800(3) of the Act is replaced by the following: Appearance by organization (3) Where the defendant is an organization, it shall appear by counsel or agent and, if it does not appear, the summary conviction court may, on proof of service of the summons, proceed ex parte to hold the trial. COORDINATING AMENDMENT 2002, c. 13 22. On the later of the coming into force of section 9 of this Act and section 34 of the Criminal Law Amendment Act, 2001, section 556 of the Criminal Code is replaced by the following: Organization 556. (1) An accused organization shall appear by counsel or agent. Non-appearance (2) Where an accused organization does not appear pursuant to a summons and service of the summons on the organization is proved, the provincial court judge or, in Nunavut, the judge of the Nunavut Court of Justice (a) may, if the charge is one over which the judge has absolute jurisdiction, proceed with the trial of the charge in the absence of the accused organization; and (b) shall, if the charge is not one over which the judge has absolute jurisdiction, fix the date for the trial or the date on which the accused organization must appear in the trial court to have that date fixed. Preliminary inquiry not requested (3) If an accused organization appears and a preliminary inquiry is not requested under subsection 536(4), the provincial court judge shall fix the date for the trial or the date on which the organization must appear in the trial court to have that date fixed. Preliminary inquiry not requested — Nunavut (4) If an accused organization appears and a preliminary inquiry is not requested under subsection 536.1(3), the justice of the peace or the judge of the Nunavut Court of Justice shall fix the date for the trial or the date on which the organization must appear in the trial court to have that date fixed. 2002-2003 Code criminel (responsabilit COMING INTO FORCE Order 23. The provisions of this Act, other than section 22, come into force on a day or days to be fixed by order of the Governor in Council. Published under authority of the Speaker of the House of Commons Available from: ������������� ����������������� ���������� ���������� Ottawa, Canada K1A 0S9 ��������� ����� ������������� ����������������� ���������� ����������� ������� ������� ��� ���

Second Session, Thirty-seventh Parliament, 51-52 Elizabeth II, 2002-2003 STATUTES OF CANADA 2003 CHAPTER 20 An Act respecting the protection of the Antarctic Environment BILL C-42 ASSENTED TO 20th OCTOBER, 2003 RECOMMENDATION Her Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled ‘‘An Act respecting the protection of the Antarctic Environment’’. SUMMARY The purpose of this enactment is to protect the Antarctic environment, particularly by implementing the Protocol on Environmental Protection to the Antarctic Treaty. This enactment provides a permitting regime that gives the Minister the necessary powers to ensure that the activities undertaken by Canadian expeditions, Canadian vessels and Canadian aircraft in the Antarctic are subject to an environmental impact assessment prior to their occurrence. This enactment creates prohibitions to protect the Antarctic marine environment, specially protected areas and historic sites and monuments in the Antarctic, and species that are native to the Antarctic. ��� ������������� ������������ ��� ��������� �� ��� ������������� �������� ������������� �� ��� ��������� �������� ��������������������� TABLE OF PROVISIONS AN ACT RESPECTING THE PROTECTION OF THE ANTARCTIC ENVIRONMENT Preamble SHORT TITLE 1. Short title INTERPRETATION 2. Definitions PURPOSE 3. Purpose of the Act 4. Her Majesty 5. Non-application to Canadian Forces 6. Non-application of the Canadian Environmental Assessment Act APPLICATION PROHIBITIONS 7. Canadian expeditions 8. Canadian stations 9. Canadian vessels 10. Canadian aircraft 11. Mineral resources 12. Native species 13. Introduction of non-native species 14. Specified substances and products 15. Specially protected areas 16. Historic sites and monuments 17. Waste disposal 18. Discharge into sea 19. Emergencies 20. Things obtained in contravention of Act PERMITS Issuance 21. Issuance 22. Application on behalf of others �� Environmental Impact Assessments 23. Preliminary environmental evaluation Waste Management Plans and Emergency Plans 24. Requirement for plans Security 25. Requirement to provide security REGULATIONS 26. General 27. Regulations — fees 28. Recovery ENFORCEMENT IN CANADA Enforcement Officers and Analysts 29. Designation 30. Entry 31. Production of documents and samples 32. Authority to issue warrant for search and seizure 33. Custody 34. Redelivery on deposit of security Inspections in Canada Search and Seizure in Canada Detention in Canada 35. Seizure 36. Application to extend period of detention Detention of Canadian Vessels 37. Detention Assistance to Enforcement Officers and Analysts 38. Right of passage 39. Assistance Forfeiture in Canada 40. Forfeiture on consent 41. Forfeiture by order of court 42. Court may order forfeiture 43. Disposal of forfeited vessel, aircraft, etc. 44. Application by person claiming interest INSPECTIONS IN THE ANTARCTIC 45. Designation of inspectors 46. Powers of inspectors �� 47. Production of documents and samples OBSTRUCTION AND FALSE INFORMATION 48. Obstruction 49. False or misleading information, etc. 50. Contravention of Act and regulations 51. Liability of director or officer of corporation 52. Liability of master 53. Continuing offence 54. Identifying authorized representative, master, etc. 55. Due diligence 56. No proceedings without consent 57. Limitation period 58. Documents admissible in evidence 59. Injunction 60. Proof of offence 61. Additional fine 62. Importing substances by analysts 63. Sentencing considerations 64. Absolute or conditional discharge 65. Suspended sentence 66. Orders of court 67. Variation of sanctions 68. Subsequent applications with leave 69. Purposes for which information may be disclosed OFFENCES AND PUNISHMENT DISCLOSURE OF INFORMATION COMING INTO FORCE 70. Order 51-52 ELIZABETH II CHAPTER 20 An Act respecting the protection of the Antarctic Environment [Assented to 20th October, 2003] Preamble WHEREAS Canada is a party to the Antarctic Treaty, to the Convention for the Conservation of Antarctic Seals and to the Convention on the Conservation of Antarctic Marine Living Resources; WHEREAS the Antarctic is a natural reserve, devoted to peace and science; AND WHEREAS the Government of Canada is committed to the comprehensive protection of the Antarctic environment and dependent and associated ecosystems; NOW, THEREFORE, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: SHORT TITLE Short title 1. This Act may be cited as the Antarctic Environmental Protection Act. INTERPRETATION Definitions 2. (1) The following definitions apply in this Act. ‘‘Antarctic’’ « Antarctique » ‘‘Antarctic’’ means (a) the continent of Antarctica, including its iceshelves; (b) all islands south of 60o south latitude, including their iceshelves; (c) all areas of the continental shelf that are adjacent to that continent or to those islands and that are south of 60o south latitude; and (d) all sea and airspace south of 60o south latitude. � Antarctic Environm C. 20 ‘‘authorized representative’’ « représentant autorisé » ‘‘authorized representative’’ has the same meaning as in section 2 of the Canada Shipping Act, 2001. ‘‘Canadian’’ « Canadien » ‘‘Canadian’’ means (a) a Canadian citizen or a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act; or (b) a body corporate established or continued under the laws of Canada or a province. ‘‘Canadian aircraft’’ « aéronef canadien » ‘‘Canadian aircraft’’ has the same meaning as in subsection 3(1) of the Aeronautics Act. ‘‘Canadian expedition’’ « expédition canadienne » ‘‘Canadian expedition’’ means a journey undertaken by a person or persons (a) that is organized in Canada; or (b) for which the final place of departure of the person or persons is in Canada. ‘‘Canadian vessel’’ « bâtiment canadien » ‘‘Canadian vessel’’ has the same meaning as in section 2 of the Canada Shipping Act, 2001. ‘‘conveyance’’ « moyen de transport » ‘‘conveyance’’ includes any vehicle, vessel or aircraft. ‘‘master’’ « capitaine » ‘‘master’’ includes every person who has command or charge of a vessel but does not include a pilot. ‘‘Minister’’ « ministre » ‘‘Minister’’ means the member of the Queen’s Privy Council for Canada who is designated by the Governor in Council as the Minister for the purpose of this Act. ‘‘permit’’ « permis » ‘‘permit’’ means a permit issued under section 21. ‘‘place’’ « lieu » ‘‘place’’ includes any platform anchored at sea, shipping container or conveyance. ‘‘Protocol’’ « Protocole » ‘‘Protocol’’ means the Protocol on Environmental Protection to the Antarctic Treaty, signed at Madrid on October 4, 1991, as amended from time to time, to the extent that the amendments are binding on Canada. 2002-2003 Protection de l’environn ‘‘registered owner’’ « propriétaire enregistré » ‘‘registered owner’’ has the same meaning as in subsection 3(1) of the Aeronautics Act. ‘‘Treaty’’ « Traité » ‘‘Treaty’’ means the Antarctic Treaty, signed at Washington on December 1, 1959, as amended from time to time, to the extent that the amendments are binding on Canada. (2) Unless a contrary intention appears, words and expressions used in this Act have the same meaning as in the Treaty or the Protocol. (3) A reference in this Act to ‘‘another Party to the Protocol’’ is a reference to a Party other than Canada. Same meaning ‘‘Another Party to the Protocol’’ PURPOSE Purpose of the Act 3. The purpose of this Act is to protect the Antarctic environment, particularly by implementing the Protocol. APPLICATION Her Majesty Non-application to Canadian Forces 4. This Act is binding on Her Majesty in right of Canada and of a province. 5. This Act does not apply to a member of the Canadian Forces acting in that capacity or in respect of a vessel, facility or aircraft of the Canadian Forces or a foreign military force or in respect of any other vessel, facility or aircraft that is under the command, control or direction of the Canadian Forces. Non-application of the Canadian Environmental Assessment Act 6. The Canadian Environmental Assessment Act does not apply to a project, within the meaning of subsection 2(1) of that Act, if the project is to be carried out in the Antarctic. Canadian expeditions 7. (1) No person who is on a Canadian expedition shall be in the Antarctic except in accordance with a permit or under the written authorization of another Party to the Protocol. Exceptions (2) Subsection (1) does not apply to a person who is PROHIBITIONS (a) travelling through, on or above the high seas to an immediate destination outside the Antarctic; or � C. 20 Antarctic Environm (b) in the Antarctic for the sole purpose of fishing for profit. Canadian stations 8. No person shall be in a Canadian station in the Antarctic except in accordance with a permit. Canadian vessels 9. (1) No Canadian vessel shall be in the Antarctic except in accordance with a permit or under the written authorization of another Party to the Protocol. Exceptions (2) Subsection (1) does not apply to a Canadian vessel that is (a) travelling through or on the high seas to an immediate destination outside the Antarctic; or (b) in the Antarctic for the sole purpose of fishing for profit. Canadian aircraft 10. (1) No person shall operate a Canadian aircraft in the Antarctic except in accordance with a permit or under the written authorization of another Party to the Protocol. Exception (2) Subsection (1) does not apply in respect of a Canadian aircraft travelling to an immediate destination outside the Antarctic. Mineral resources 11. No Canadian or Canadian vessel shall, in the Antarctic, conduct any activity relating to mineral resources, including the recovery or exploitation of, or the prospecting or exploration for, mineral resources. This does not prohibit scientific research conducted in accordance with a permit or under the written authorization of another Party to the Protocol. Native species 12. (1) Except in accordance with a permit or under the written authorization of another Party to the Protocol, no Canadian shall, in the Antarctic, (a) kill, injure, capture, handle or molest a native mammal or native bird; (b) remove or damage native plants in a manner that significantly affects their local distribution or abundance; (c) fly or land a helicopter or other aircraft in a manner that disturbs any concentration of native birds or seals; 2002-2003 Protection de l’environn (d) use a vehicle or vessel, including a hovercraft and a small boat, in a manner that disturbs any concentration of native birds or seals; (e) use an explosive or firearm in a manner that disturbs any concentration of native birds or seals; (f) while on foot, wilfully disturb a breeding or moulting native bird; (g) while on foot, wilfully disturb any concentration of native birds or seals; (h) significantly damage any concentration of terrestrial native plants by landing an aircraft, driving a vehicle or walking on it, or in any other manner; or (i) engage in any activity that results in the significant adverse modification of the habitat of any species or population of native mammals, native birds, native plants or native invertebrates. Definitions (2) The following definitions apply in subsection (1). ‘‘native bird’’ « oiseau indigène » ‘‘native bird’’ means a member, at any stage of its life cycle, including eggs, of any species of the class Aves that is indigenous to the Antarctic or that occurs there seasonally through natural migrations. ‘‘native invertebrate’’ « invertébré indigène » ‘‘native invertebrate’’ means any terrestrial or freshwater invertebrate, at any stage of its life cycle, that is indigenous to the Antarctic. ‘‘native mammal’’ « mammifère indigène » ‘‘native mammal’’ means a member of any species of the class Mammalia that is indigenous to the Antarctic or that occurs there seasonally through natural migrations. ‘‘native plant’’ « plante indigène » ‘‘native plant’’ means any terrestrial or freshwater vegetation, including bryophytes, lichens, fungi and algae, at any stage of its life cycle, including seeds and other propagules, that is indigenous to the Antarctic. � Introduction of non-native species C. 20 Antarctic Environm 13. (1) No Canadian or Canadian vessel shall introduce into the Antarctic any animal or plant of a species that is not indigenous to the Antarctic, except in accordance with a permit or under the written authorization of another Party to the Protocol. Exceptions (2) Subsection (1) does not apply in respect of (a) any bird or mammal that occurs in the Antarctic seasonally through natural migrations; or (b) food other than poultry or live animals. Specified substances and products 14. No Canadian or Canadian vessel shall introduce into the Antarctic any substance or product specified in the regulations. Specially protected areas 15. No Canadian or Canadian vessel shall be in an Antarctic specially protected area designated by the regulations except in accordance with a permit or under the written authorization of another Party to the Protocol. Historic sites and monuments 16. No Canadian or Canadian vessel shall damage, destroy or remove any part of an historic site or monument in the Antarctic designated by the regulations. Waste disposal 17. (1) No Canadian shall dispose of waste in the Antarctic except in accordance with a permit or under the written authorization of another Party to the Protocol. Absolute prohibition (2) Despite subsection (1), no Canadian shall, in the Antarctic, burn waste in the open air or dispose of waste in any ice-free area or in any fresh water system. Discharge into sea 18. (1) No Canadian vessel shall, while in the Antarctic, discharge into the sea any oil or oily mixture or any food waste except in accordance with a permit or under the written authorization of another Party to the Protocol. 2002-2003 Protection de l’environn Absolute prohibition — garbage (2) Despite subsection (1), no Canadian vessel shall, while in the Antarctic, discharge into the sea any garbage, plastic or other product or substance that is harmful to the marine environment. Sewage (3) Despite subsection (1), no Canadian vessel that is certified to carry more than 10 persons on board shall, while in the Antarctic, (a) discharge into the sea any untreated sewage within 12 nautical miles of any land or any iceshelf; or (b) instantaneously discharge into the sea any sewage stored in a holding tank. Meaning of ‘‘garbage’’ (4) In subsection (2), ‘‘garbage’’, in respect of a vessel, means all kinds of victual, domestic and operational waste, other than fresh fish and parts of fresh fish. Emergencies 19. Sections 7 to 18 do not apply in respect of emergencies involving the safety of a person, the protection of the environment or the safety of any vessel, aircraft, equipment or facility that has a significant value. Things obtained in contravention of Act 20. No person or vessel in Canada, and no Canadian or Canadian vessel while in the Antarctic, shall possess, sell, offer for sale, trade, give, transport, transfer or send anything that has been obtained in contravention of this Act or the regulations. PERMITS Issuance Issuance 21. (1) The Minister may, on application, issue permits for the purposes of this Act. Application (2) An application for a permit must be in the form and contain the information prescribed by the regulations. Additional information (3) The Minister may require an applicant for a permit to provide the Minister with any information that he or she considers necessary. � C. 20 Antarctic Environm Conditions (4) Subject to the regulations, the Minister may include in a permit any condition that he or she considers appropriate. Minister may refuse or suspend permit (5) The Minister may refuse to issue a permit, or may amend, suspend or cancel a permit, if he or she is of the opinion that the public interest warrants it. Statutory Instruments Act (6) A permit is not a statutory instrument for the purposes of the Statutory Instruments Act. Application on behalf of others 22. (1) A person may apply for a permit on behalf of a Canadian vessel or any other person and, if a permit is issued on behalf of a vessel or person other than the permit holder, that vessel or other person is subject to the conditions of the permit to the extent that those conditions are expressed in the permit to apply to them. Identification of person or vessel (2) For the purpose of subsection (1), a Canadian vessel or person need not be expressly named in a permit in order to be subject to its conditions so long as the vessel or person is sufficiently identified in the permit, either by class or other description. Deemed contravention by permit holder (3) If a Canadian vessel or person that is not a permit holder but that is bound by a condition of a permit contravenes the condition, the holder of the permit is also deemed to have contravened that condition. Environmental Impact Assessments Preliminary environmental evaluation 23. (1) The Minister may issue a permit only if he or she is satisfied that a preliminary environmental evaluation in relation to the activities to which the permit is to relate has been conducted in accordance with the regulations. Initial or comprehensive evaluation (2) If the Minister, after having considered the preliminary evaluation, is of the opinion that the activities will likely have at least a minor or transitory impact on the environment, he or she must ensure that an initial environmental evaluation, or a comprehensive environmental evaluation, in relation to those activities is conducted in accordance with the regulations before the permit is issued. 2002-2003 Protection de l’environn Comprehensive evaluation (3) If the Minister, after having considered an initial evaluation, is of the opinion that the activities will likely have more than a minor or transitory impact on the environment, he or she must ensure that a comprehensive environmental evaluation in relation to those activities is conducted in accordance with the regulations before a permit is issued. Restriction (4) The Minister may not issue the permit if he or she is of the opinion, after having considered the comprehensive evaluation, that the activities are likely to have a significant adverse environmental impact that cannot be justified in the circumstances. Waste Management Plans and Emergency Plans Requirement for plans 24. The Minister may issue a permit that authorizes persons on a Canadian expedition, or a Canadian vessel or Canadian aircraft, to be in the Antarctic only if the Minister is satisfied that a waste management plan and an emergency plan for the expedition, vessel or aircraft have been prepared in accordance with the regulations. Security Requirement to provide security 25. (1) The Minister may require an applicant for a permit to provide and maintain security with the Minister, in an amount specified in, or determined in accordance with, the regulations and in a form prescribed by the regulations or a form satisfactory to the Minister. How security may be applied (2) Any security may be applied by the Minister to reimburse Her Majesty in right of Canada, either fully or partially, for reasonable costs incurred by Her Majesty in preventing, mitigating or remedying any adverse environmental impact caused by the permit holder or persons or vessels bound by conditions of the permit. �� Antarctic Environm C. 20 REGULATIONS General 26. (1) The Governor in Council may make regulations (a) respecting applications for permits, including, but not limited to, the form of the applications, who may apply for permits and the information that must be provided in respect of permit applications; (b) respecting the making of applications for a permit on behalf of a Canadian vessel; (c) respecting the issuance, renewal, cancellation and suspension of permits, and the conditions that the Minister may include in a permit; (d) respecting the activities that may be authorized by a permit; (e) specifying substances and products for the purposes of section 14; (f) designating Antarctic specially protected areas for the purposes of section 15; (g) designating historic sites and monuments for the purposes of section 16; (h) respecting environmental impact assessments for the purposes of section 23; (i) respecting waste management plans and emergency plans for the purposes of section 24; (j) respecting security for the purposes of section 25; and (k) respecting any other matter that the Governor in Council considers necessary for carrying out the purposes of this Act. Incorporation by reference (2) Regulations made under subsection (1) may incorporate by reference any document, including a document prepared by an organization working under the Treaty or the Protocol or by another Party to the Protocol. Amended from time to time (3) Material may be incorporated by reference as it existed on a specified date or as amended from time to time. Incorporated material is not a regulation (4) Material that is incorporated by reference in a regulation made under this Act is not a regulation for the purposes of the Statutory Instruments Act. 2002-2003 Defence Protection de l’environn (5) For greater certainty, no person or vessel may be convicted of an offence or subjected to a penalty for the contravention of a provision of a regulation made under this Act that incorporates material by reference unless it is proved that, at the time of the alleged contravention, (a) the material was reasonably accessible to the person or vessel; (b) reasonable steps had been taken to ensure that the material was accessible to persons or vessels likely to be affected by the regulation; or (c) the material had been published in the Canada Gazette. Regulations — fees 27. (1) The Minister may make regulations (a) prescribing the fees or a scale of fees or the manner of determining the fees to be paid for issuing, amending or renewing permits; (b) prescribing the persons or vessels or classes of persons or vessels by whom or on whose behalf the fees are to be paid, and requiring the fees to be paid by those persons, vessels or classes; (c) exempting any person or vessel, or class of persons or vessels, from the requirement to pay any of those fees; and (d) generally, in respect of any condition or any other matter in relation to the payment of those fees. Limit (2) Fees that are prescribed by or under regulations made under subsection (1) in respect of the issuance, amendment or renewal of permits shall in the aggregate not exceed an amount sufficient to compensate Her Majesty in right of Canada for any reasonable costs incurred by Her Majesty in carrying out those functions. Recovery 28. Fees required by the regulations to be paid constitute a debt due to Her Majesty in right of Canada and may be recovered in any court of competent jurisdiction. �� C. 20 Antarctic Environm ENFORCEMENT IN CANADA Designation Powers Limits Production of certificate Entry Dwelling-house Warrant for inspection of dwelling-house Enforcement Officers and Analysts 29. (1) The Minister may designate as an enforcement officer or analyst for the purpose of this Act or any provision of this Act any person or member of a class of persons who, in the Minister’s opinion, is qualified to be so designated. (2) For the purposes of this Act, an enforcement officer in Canada has all the powers of a peace officer, but the Minister may specify limits on those powers when designating the enforcement officer. (3) The Minister may limit the powers that may be exercised by an enforcement officer or analyst under this Act. (4) The Minister must provide every enforcement officer and analyst with a certificate of designation that includes any limits under subsection (2) or (3). On entering any place, the enforcement officer or analyst must, if so requested, produce the certificate to the person in charge of the place. Inspections in Canada 30. (1) Subject to subsection (2), for the purposes of this Act, an enforcement officer may, at any reasonable time, enter any place in Canada in which the enforcement officer believes, on reasonable grounds, there is anything to which this Act applies or any document relating to its administration. (2) An enforcement officer may not enter a dwelling-house without the consent of the occupant or pursuant to a warrant issued under subsection (3). (3) If, on ex parte application, a justice is satisfied by information on oath that (a) the conditions for entry described in subsection (1) exist in relation to a dwelling-house, (b) entry to the dwelling-house is necessary for any purpose relating to the administration of this Act, and 2002-2003 Protection de l’environn (c) entry to the dwelling-house has been refused or there are reasonable grounds for believing that entry will be refused, the justice may issue a warrant authorizing the enforcement officer named in it to conduct an inspection of the dwelling-house, subject to any conditions that may be specified in the warrant, and authorizing any other person named in the warrant to accompany the enforcement officer and exercise any power specified in the warrant. Warrants for inspection of non-dwellings (4) If, on ex parte application, a justice is satisfied by information on oath that (a) the conditions for entry described in subsection (1) exist in relation to a place other than a dwelling-house, (b) entry to the place is necessary for any purpose relating to the administration of this Act, (c) entry to the place has been refused, the enforcement officer was not able to enter without the use of force or the place was abandoned, and (d) subject to subsection (5), all reasonable attempts were made to notify the owner, operator or person in charge of the place, the justice may issue a warrant authorizing the enforcement officer named in it to conduct an inspection of the place, subject to any conditions that may be specified in the warrant, and authorizing any other person named in the warrant to accompany the enforcement officer and exercise any power specified in the warrant. Waiving notice (5) The justice may waive the requirement to give notice under paragraph (4)(d) if he or she is satisfied that attempts to give the notice would be unsuccessful because the owner, operator or person in charge is absent from the jurisdiction of the justice or that it is not in the public interest to give the notice. Use of force (6) In executing a warrant issued under subsection (3) or (4), an enforcement officer shall not use force unless the use of force has been specifically authorized in the warrant. �� C. 20 Antarctic Environm Stopping and detaining conveyances (7) For the purposes of this Act, an enforcement officer may, at any reasonable time, direct that any conveyance be stopped or be moved to a place where an inspection can be carried out and may, for a reasonable time, detain any conveyance. Vessels and aircraft (8) For the purposes of this Act but subject to subsection (2), if an enforcement officer believes on reasonable grounds that there is, on any vessels or aircraft in Canada, anything to which this Act applies or any document relating to its administration, the officer may, at any reasonable time, (a) direct that the vessel be stopped or be moved to a place where an inspection can be carried out and may, for a reasonable time, detain the vessel; (b) board the vessel or aircraft; or (c) travel on the vessel or aircraft. Powers of inspection (9) In carrying out an inspection of a place under this section, an enforcement officer may, for the purposes of this Act, (a) examine any substance, product or other thing relevant to the administration of this Act that is found in the place; (b) open and examine any receptacle or package found that he or she believes on reasonable grounds contains any substance, product or other thing; (c) examine any books, records, electronic data or other documents that he or she believes on reasonable grounds contain any information relevant to the administration of this Act and make copies of them or take extracts from them; (d) take samples of anything relevant to the administration of this Act; and (e) conduct any tests or take any measurements. Analysts (10) An analyst may, for the purposes of this Act, accompany an enforcement officer who is carrying out an inspection of a place under this section, and the analyst may, when 2002-2003 Protection de l’environn accompanying the enforcement officer, enter the place and exercise any of the powers described in subsection (9). Disposition of samples (11) An enforcement officer or analyst who takes a sample referred to in paragraph (9)(d) may dispose of it in any manner that the officer or analyst considers appropriate. Operation of computer systems and copying equipment (12) In carrying out an inspection, an enforcement officer may (a) use or cause to be used any computer system or data processing system at the place being inspected to examine any data contained in, or available to, the system; (b) reproduce any record, or cause it to be reproduced from the data, in the form of a printout or other intelligible output and remove the printout or other output for examination or copying; and (c) use or cause to be used any copying equipment at the place being inspected to make copies of any books, records, electronic data or other documents. Duty of person in possession or control (13) Every person who is in possession or control of a place being inspected under this section shall permit the enforcement officer to do anything referred to in subsection (12). Assistance (14) The owner or person in charge of a place being inspected under this section, and every person found in the place, shall (a) give the enforcement officer or analyst all reasonable assistance to enable the officer or analyst to carry out their functions under this Act; and (b) provide the enforcement officer or analyst with any information with respect to the administration of this Act that he or she may reasonably require. Production of documents and samples 31. (1) The Minister may, for the purposes of this Act, by registered letter or by a demand served personally, require any person in Canada, within any reasonable time and in any reasonable manner that may be stipulated in the letter or demand, (a) to produce at a place specified by the Minister any sample taken in Canada or any document; or �� C. 20 Antarctic Environm (b) to conduct any tests in Canada or take any measurements or samples there. Compliance (2) Any person who is required to do anything under subsection (1) shall, despite any other law to the contrary, comply with the requirement. Search and Seizure in Canada Authority to issue warrant for search and seizure 32. (1) If, on ex parte application, a justice is satisfied by information on oath that there are reasonable grounds to believe that there is in any place in Canada (a) anything by means of or in relation to which any provision of this Act or the regulations has been contravened, or (b) anything that there are reasonable grounds to believe will afford evidence with respect to the commission of an offence under this Act, the justice may issue a warrant authorizing an enforcement officer, or any other person named in the warrant, to enter and search the place and to seize anything referred to in paragraph (a) or (b), subject to any conditions that may be specified in the warrant. Warrant for seizure of vessel or aircraft (2) If, on ex parte application, a justice is satisfied by information on oath that there are reasonable grounds to believe that an offence has been committed by a Canadian vessel or the pilot in command of a Canadian aircraft, he or she may issue a warrant authorizing an enforcement officer, or authorizing any other person named in the warrant, to seize the vessel or aircraft anywhere in Canada. Search and seizure (3) A person authorized by a warrant issued under subsection (1) or (2) may (a) at any reasonable time, enter and search a place referred to in the warrant; (b) seize and detain anything referred to in the warrant; and (c) exercise the powers described in subsections 30(9) and (11). 2002-2003 Where warrant not necessary Exigent circumstances Operation of computer system and copying equipment Protection de l’environn (4) An enforcement officer may exercise the powers described in subsection (3) without a warrant if the conditions for obtaining the warrant exist but, by reason of exigent circumstances, it would not be practical to obtain the warrant. (5) For greater certainty, exigent circumstances include circumstances in which the delay necessary to obtain a warrant under subsection (1) or (2) would result in a danger to human life or the environment or the loss or destruction of evidence. (6) A person authorized under this section to search a place may (a) use or cause to be used any computer system at the place to search any data contained in or available to the computer system; (b) reproduce any record or cause it to be reproduced from the data in the form of a printout or other intelligible output; (c) seize any printout or other output for examination or copying; or (d) use or cause to be used any copying equipment at the place to make copies of the record. Duty of person in possession or control Custody Discharge of cargo (7) Every person who is in possession or control of a place where a search is carried out under this section shall permit the person carrying out the search to do anything referred to in subsection (6). 33. (1) Anything seized under section 32 must be delivered into the custody of a person whom the Minister designates. (2) If a thing seized under section 32 has cargo on board, the cargo may be discharged, under the supervision of (a) the enforcement officer or other person by whom the thing was seized, or (b) the person into whose custody the thing was delivered in accordance with subsection (1), �� C. 20 Antarctic Environm at the place in Canada that is capable of receiving the cargo and is nearest to the place of seizure, or at any other place that is satisfactory to the enforcement officer or other person supervising the discharge of the cargo. Sale of perishable cargo (3) If a thing seized under section 32 has cargo on board that is perishable, (a) the enforcement officer or other person by whom the thing was seized, or (b) the person into whose custody the thing was delivered in accordance with subsection (1) may sell the cargo or the portion of it that is perishable, and the proceeds of the sale shall be paid to the Receiver General or shall be deposited in a bank to the credit of the Receiver General. Order for delivery of cargo (4) The owner of the cargo may apply to the Federal Court for an order requiring the person who has custody of the cargo or the proceeds of any sale of the cargo to deliver the cargo or proceeds to the owner, and the Court may make the order if it is satisfied that the applicant is the owner of the cargo to which the application relates. Redelivery on deposit of security 34. (1) If a thing has been seized under section 32, the Federal Court may, with the consent of the Minister, order redelivery of the thing or delivery of the proceeds realized from a sale of any perishable cargo under subsection 33(3) to the person from whom the thing was seized if security in the form of a bond, in an amount and form satisfactory to the Minister, is given to the Minister. Seized vessel etc., to be returned unless proceedings instituted (2) Anything referred to in subsection (1) that has been seized under section 32, or any security given to the Minister under subsection (1), shall be returned or paid to the person from whom the thing was seized within 30 days after the day of its seizure unless, before the expiry of that period, proceedings are instituted in respect of an offence under this Act alleged to have been committed by the owner of the thing. 2002-2003 Protection de l’environn Detention in Canada Seizure 35. (1) Whenever, during the course of an inspection or search, an enforcement officer has reasonable grounds to believe that an offence under this Act has been committed, the enforcement officer may seize and detain anything (a) by means of or in relation to which the enforcement officer reasonably believes the offence occurred; or (b) that the enforcement officer reasonably believes will afford evidence of the offence. Limitation (2) An enforcement officer shall not seize anything under subsection (1) unless the thing is required as evidence or for purposes of analysis, or unless the enforcement officer is of the opinion that the seizure is necessary in the public interest. Notice of contravention (3) An enforcement officer who has seized and detained a thing under subsection (1) shall, as soon as practicable, advise the person in whose possession it was at the time of the seizure of the provision of this Act or the regulations that the enforcement officer believes has been contravened. Detention and release (4) A thing seized under subsection (1) or section 32, other than a vessel or aircraft, shall not be detained (a) after the owner of the thing or the person in whose possession it was at the time of the seizure applies to the enforcement officer or to the Minister for its release and the enforcement officer or the Minister is satisfied that it is not necessary in the public interest to continue to detain the thing or that the thing is not required as evidence or for purposes of analysis; or (b) after the expiry of 90 days after the day of its seizure, unless before that time (i) the thing has been forfeited under section 40, (ii) proceedings have been instituted in respect of the contravention in relation to which the thing was seized, in which case it may be detained until the proceedings are finally concluded, or �� C. 20 Antarctic Environm (iii) the Minister has, in accordance with section 36, served or made reasonable efforts to serve notice of an application for an order extending the period during which the thing may be detained. Storage of seized thing (5) A thing seized by an enforcement officer under subsection (1) or section 32, other than a vessel, aircraft, platform or other structure, shall be kept or stored in the place where it was seized except if (a) in the opinion of the enforcement officer, (i) it is not in the public interest to do so, or (ii) the thing seized, or a sample of it, is required as evidence and removal and storage of the thing seized are necessary to ensure that the thing or sample will be available as evidence in any related proceedings, or (b) the person in whose possession it was at the time of its seizure or the person entitled to possession of the place requests the enforcement officer to have it removed to some other place, in which case, the thing may be removed to and stored in any other place at the direction of or with the concurrence of an enforcement officer and at the expense of the person who requested that it be removed. Interference with seized thing (6) Unless authorized by an enforcement officer, no person shall remove, alter or interfere in any way with a thing seized and detained by an enforcement officer under subsection (1) or section 32, but an enforcement officer shall, at the request of the person from whom it was seized, allow that person or any person authorized by that person to examine it and, if practicable, provide a sample or copy of it to that person. Application to extend period of detention 36. (1) If proceedings referred to in paragraph 35(4)(b) have not been instituted in respect of the contravention in relation to which a thing was seized under section 32 or subsection 35(1), the Minister may, before the expiry of 90 days after the day of its seizure and on serving prior notice in accordance with 2002-2003 Protection de l’environn subsection (2) on the owner of the thing or on the person who at the time of the seizure was in possession of it, apply to a provincial court judge, as defined in section 2 of the Criminal Code, within whose territorial jurisdiction the seizure was made for an order extending the period during which it may be detained. Notice (2) The notice shall be served by personal service at least five clear days before the day on which the application is to be made, or by registered mail at least seven clear days before that day, and shall specify (a) the provincial court in which the application is to be made; (b) the place where and the time when the application is to be heard; (c) the thing seized in respect of which the application is to be made; and (d) the grounds on which the Minister intends to rely to show why there should be an extension of the period during which the thing seized may be detained. Order of extension granted (3) If, on the hearing of an application made under subsection (1), the judge is satisfied that the thing seized should continue to be detained, the judge shall order (a) that the thing be detained for any additional period and on any conditions relating to the detention for that additional period that the judge considers proper; and (b) on the expiry of the additional period, that the thing be restored to the person from whom it was seized or to any other person entitled to its possession unless, before the expiry of the additional period, an event referred to in subparagraph 35(4)(b)(i), (ii) or (iii) has occurred. Order of extension refused (4) If, on the hearing of an application made under subsection (1), the judge is not satisfied that the thing seized should continue to be detained, the judge shall order that, on the expiry of 90 days after the day of its seizure, it be restored to the person from whom it was seized or to any other person entitled to its possession unless, before the expiry of that period, an event referred to in subparagraph 35(4)(b)(i) or (ii) has occurred. �� C. 20 Antarctic Environm Detention of Canadian Vessels Detention 37. (1) If an enforcement officer has reasonable grounds to believe that (a) a Canadian vessel has committed an offence under this Act, or (b) an authorized representative or master of a Canadian vessel has committed an offence under this Act and that a Canadian vessel was used in connection with the commission of the offence, the enforcement officer may make a detention order in respect of the vessel. Order in writing (2) The detention order shall be in writing and be addressed to all persons at any port in Canada where the vessel to which the order relates is or will be who are empowered to give a clearance in respect of the vessel. Notice of detention order (3) Notice of the detention order shall be served on the master of the vessel in respect of which the order is made. Duty of authorized representative or master (4) If the notice has been served on the master of the vessel, the authorized representative or master of the vessel shall not give an order for the vessel to go into an area of the sea referred to in paragraph 122(2)(f) or (g) of the Canadian Environmental Protection Act, 1999 during the term of the detention order. Duty of persons empowered to give clearance (5) Subject to subsection (6), no person to whom a detention order is addressed shall, after notice of the order is received by the person, give clearance in respect of the vessel to which the order relates. When clearance given (6) A person to whom a detention order is addressed and who has received notice of the order may give clearance in respect of the vessel to which the order relates if (a) the authorized representative or master of the vessel (i) has not, within 30 days after the day on which the order was made, been charged with the offence that gave rise to the order, or (ii) has, within 30 days after the day on which the order was made, been charged with that offence and appears in Canada to answer to the charge; 2002-2003 Protection de l’environn (b) security for payment of the maximum fine that might be imposed as a result of a conviction of the person charged with that offence and of costs related to proceedings in connection with the charge, or security for payment of any lesser amount that is approved by the Minister or a person designated by the Minister for the purpose, is given to Her Majesty in right of Canada; or (c) proceedings in respect of the alleged offence that gave rise to the making of the detention order are discontinued. Assistance to Enforcement Officers and Analysts Right of passage 38. An enforcement officer, analyst or any other person may, while carrying out their functions under this Act, enter on and pass through or over private property without being liable for exercising that power or without the owner of the property having the right to object to that use of the property. Assistance 39. The owner or the person in charge of a place entered by an enforcement officer or analyst under section 32, and every person found in the place, shall (a) give the enforcement officer or analyst all reasonable assistance to enable the officer or analyst to carry out their functions under this Act; and (b) provide the enforcement officer or analyst with any information with respect to the administration of this Act that the enforcement officer or analyst may reasonably require. Forfeiture in Canada Forfeiture on consent 40. (1) If an enforcement officer has seized a thing under section 32 or subsection 35(1) and the owner or person who was in lawful possession of it at the time of the seizure consents in writing at the request of the enforcement officer to its forfeiture, it is forfeited to Her Majesty in right of Canada. �� C. 20 Antarctic Environm Disposal or destruction (2) The Minister may dispose of or destroy a thing forfeited under subsection (1) and, if the Minister so directs, the costs of the disposal or destruction shall be paid by the owner or the person who was in lawful possession of the thing at the time it was seized. Forfeiture by order of court 41. (1) Subject to sections 42 and 43, if a person is convicted of an offence under this Act and anything seized under section 32 or subsection 35(1) is then being detained, (a) the thing is, on the conviction and in addition to any punishment imposed for the offence, forfeited to Her Majesty in right of Canada if the court so directs, in which case (i) the Minister may dispose of or destroy the thing, and (ii) the costs of the forfeiture and disposal or destruction shall be paid by the offender; or (b) the thing shall, on the expiry of the period for taking an appeal from the conviction or on the final conclusion of the proceedings, be restored to the person from whom it was seized or to any other person entitled to its possession on any conditions that may be imposed by order of the court and that, in the opinion of the court, are necessary to avoid the commission of a further offence under this Act. Things deemed not to have been seized (2) For the purpose of subsection (1), anything released from detention under paragraph 35(4)(a) or (b) is deemed not to have been seized under section 32 or subsection 35(1). Court may order forfeiture 42. If the authorized representative of a Canadian vessel or the registered owner of a Canadian aircraft has been convicted of an offence under this Act, the convicting court may, if the vessel or aircraft was seized under section 32 or subsection 35(1), in addition to any other penalty imposed, order that the vessel or aircraft, or any security given under subsection 34(1) be forfeited, and on the making of the order, the vessel or aircraft or security is forfeited to Her Majesty in right of Canada. 2002-2003 Protection de l’environn Disposal of forfeited vessel, aircraft, etc. 43. (1) If proceedings referred to in subsection 34(2) are instituted within the period referred to in that subsection and, at the final conclusion of those proceedings, any vessel or aircraft, or any security given under subsection 34(1), is ordered to be forfeited, it may be disposed of as the Governor in Council directs. Return of seized vessel, etc., where no forfeiture ordered (2) If a thing has been seized under section 32 and proceedings referred to in subsection (1) are instituted, but the thing is not, at the final conclusion of the proceedings, ordered to be forfeited, it must be returned to the person from whom it was seized, the proceeds of any sale of the cargo under subsection 33(3) must be paid to that person and any security given to the Minister under subsection 34(1) must be returned to that person. Exception (3) If, at the conclusion of proceedings referred to in subsection (1), the person from whom the thing was seized is convicted of an offence arising out of a contravention of this Act or the regulations, the thing and any cargo or the proceeds or security may be retained until the fine is paid, or the thing and any cargo may be sold under execution in satisfaction of the fine, or the proceeds realized from the sale of the cargo or the security or any part of the cargo or security may be applied in payment of the fine. Application by person claiming interest 44. (1) If a thing has been ordered to be forfeited under this Act, any person, other than a person who was a party to the proceedings that resulted in the order, who claims a right or an interest in the thing as owner, holder of a security established on property or other right in rem or holder of any other claim under Canadian law may, within 30 days after the day on which the thing is ordered to be forfeited, apply by notice in writing to the Federal Court for an order under subsection (5). Date of hearing (2) The Federal Court must fix a day for the hearing of the application. �� C. 20 Antarctic Environm Notice (3) An applicant for an order under subsection (5) must, at least 30 days before the day fixed under subsection (2), serve a notice of the application and of the hearing on the Minister and on all other persons claiming a right or an interest in the thing that is the subject-matter of the application as owner, holder of a security established on property or other right in rem or holder of any other claim under Canadian law of whom the applicant has knowledge. Notice of intervention (4) Each person, other than the Minister, who is served with a notice under subsection (3) and who intends to appear at the hearing of the application to which the notice relates must, at least 10 days before the day fixed for the hearing, file a notice of intervention in the Registry of the Federal Court and serve a copy of the notice on the Minister and on the applicant. Order declaring nature and extent of interests (5) If, on the hearing of an application under this section, the Federal Court is satisfied that the applicant, or the intervenors, if any, or any of them, (a) is innocent of any complicity in any conduct that caused the thing to be subject to forfeiture and of any collusion in relation to any such conduct, and (b) exercised all reasonable care in respect of the persons permitted to obtain possession and use of the thing so as to be satisfied that it was not likely to be used contrary to the provisions of this Act or, in the case of a holder of a security established on property, other than the holder of a maritime lien or statutory right in rem, that the applicant or intervenor exercised such care with respect to the person who gave the property as security, those of the applicant and the intervenors in respect of whom the Court is so satisfied are entitled to an order declaring that their rights or interests are not affected by the forfeiture and declaring the nature and extent of each of their rights or interests and the ranking among them. 2002-2003 Additional order Protection de l’environn (6) If an order is made under subsection (5), the Court may, in addition, order that the thing to which the rights or interests relate be delivered to one or more of the persons found to have a right or an interest in it or that an amount equal to the value of each of the interests so declared be paid to the persons found to have those interests. INSPECTIONS IN THE ANTARCTIC Designation of inspectors Limits Production of certificate Powers of inspectors Dwellinghouses Stopping and detaining conveyances 45. (1) The Minister may designate as an inspector, for the purpose of this Act or any provision of this Act, any person or any member of a class of persons who, in the Minister’s opinion, is qualified to be so designated. (2) The Minister may, including on the request of the Minister of Foreign Affairs, limit the powers that may be exercised by an inspector under this Act. (3) The Minister must provide every inspector with a certificate of designation that includes any limits specified under subsection (2). On entering any place, the inspector must, if so requested, produce the certificate to the person in charge of the place. 46. (1) Subject to subsections (2) and (6), for the purposes of this Act, an inspector may, at any reasonable time, enter any place in the Antarctic in which the inspector believes, on reasonable grounds, there is anything to which this Act applies or any document relating to its administration. (2) An inspector may not enter a dwellinghouse without the consent of the occupant. (3) For the purposes of this Act, an inspector may, at any reasonable time, direct that any of the following be moved to a place where an inspection can be carried out and may, for a reasonable time, detain any of the following: (a) a Canadian vessel or Canadian aircraft in the Antarctic; or (b) any other conveyance in the Antarctic that is owned by a Canadian except a vessel or aircraft that is not a Canadian vessel or Canadian aircraft. �� Powers in relation to vessels, etc. C. 20 Antarctic Environm (4) Subject to subsection (2), for the purposes of this Act, an inspector may, at any reasonable time, (a) board a Canadian vessel or Canadian aircraft in the Antarctic; or (b) travel on the vessel or aircraft. Powers of inspectors (5) In carrying out an inspection of a place under this section, an inspector may exercise any of the powers referred to in subsections 30(9), (11) and (12). Foreign ownership (6) An inspector may not exercise any powers under this section in respect of any station, installation, equipment, platform anchored at sea, shipping container or conveyance (other than a Canadian vessel or Canadian aircraft) that is owned by a person who is not a Canadian unless the inspector first obtains the consent of the person in charge of the station, installation, equipment, platform, container or conveyance. (7) An analyst may, for the purposes of this Act, accompany an inspector who is carrying out an inspection of a place under this section, and the analyst may, when accompanying the inspector, enter the place and exercise any of the powers referred to in subsection (5). Analysts Assistance (8) The owner of a place or a Canadian or permit holder in charge of a place being inspected under this section, and every Canadian or permit holder found in the place, shall (a) give the inspector or analyst all reasonable assistance to enable the inspector or analyst to carry out their functions under this Act; and (b) provide the inspector or analyst with any information with respect to the administration of this Act that he or she may reasonably require. Production of documents and samples 47. (1) The Minister may, for the purposes of this Act, by registered letter or by a demand served personally, require any Canadian, or any permit holder, who is in Canada or the Antarctic, within any reasonable time and in any reasonable manner that may be stipulated in the letter or demand, (a) to produce at a place specified by the Minister any sample taken in the Antarctic or any document; or 2002-2003 Protection de l’environn (b) to conduct any tests in the Antarctic or take any measurements or samples there. Compliance (2) A person who is required to do anything under subsection (1) shall, despite any other law to the contrary, comply with the requirement. OBSTRUCTION AND FALSE INFORMATION Obstruction 48. No person in Canada, and no Canadian or permit holder in the Antarctic, shall obstruct an enforcement officer, inspector or analyst or hinder any of them in carrying out their functions under this Act. False or misleading information, etc. 49. No person in Canada, and no Canadian or permit holder in the Antarctic, shall, with respect to any matter related to this Act, knowingly or negligently (a) provide any person with false or misleading information, results or samples; or (b) file a document that contains false or misleading information. OFFENCES AND PUNISHMENT Contravention of Act and regulations 50. (1) Every person or Canadian vessel commits an offence if the person or vessel contravenes (a) a provision of this Act or the regulations; (b) an obligation or a prohibition arising from this Act or the regulations, including one arising from a condition of a permit; (c) an order or a direction made under this Act; or Penalties (d) an order, direction or decision of a court made under this Act. (2) Every person or Canadian vessel that commits an offence under subsection (1) is liable (a) on conviction on indictment �� Antarctic Environm C. 20 (i) for a first offence, to a fine of not more than $1,000,000 or to imprisonment for a term of not more than three years, or to both, and (ii) for a second offence, to a fine of not more than $2,000,000 or to imprisonment for a term of not more than five years, or to both; or (b) on summary conviction (i) for a first offence, to a fine of not more than $300,000 or to imprisonment for a term of not more than six months, or to both, and (ii) for a second offence, to a fine of not more than $600,000 or to imprisonment for a term of not more than one year, or to both. Liability of director or officer of corporation 51. (1) If a corporation commits an offence under this Act, any director, officer, agent or mandatary of the corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to and guilty of the offence, and is liable on conviction to the penalty provided for by this Act in respect of the offence committed by the corporation, whether or not the corporation has been prosecuted. Duties of directors (2) Every director and officer of a corporation shall take all reasonable care to ensure that the corporation complies with (a) this Act and the regulations; and (b) any orders and directions of, or prohibitions and requirements imposed by, any court, the Minister, enforcement officers, inspectors and analysts. Liability of master 52. (1) If a Canadian vessel commits an offence under this Act, the master of the vessel is a party to and guilty of an offence, and is liable on conviction to the penalty provided for by this Act in respect of the offence committed by the vessel, whether or not the vessel has been prosecuted, if the master directed, authorized, assented to, acquiesced in or participated in the commission of the offence. 2002-2003 Duties of masters Protection de l’environn (2) Every master of a Canadian vessel shall take all reasonable care to ensure that the vessel complies with (a) this Act and the regulations; and (b) orders and directions of, or prohibitions and requirements imposed by, any court, the Minister, enforcement officers, inspectors and analysts. Continuing offence 53. If an offence under this Act is committed or continued on more than one day, the person or Canadian vessel that committed the offence is liable to be convicted for a separate offence for each day on which it is committed or continued. Identifying authorized representative, master, etc. 54. The authorized representative or master of a Canadian vessel or the registered owner or pilot in command of a Canadian aircraft may be charged with an offence under this Act as authorized representative, master, registered owner or pilot in command of the vessel or aircraft if it is adequately identified, and no such charge is invalid by reason only that it does not name the authorized representative, master, registered owner or pilot in command. Due diligence 55. (1) No person may be found guilty of an offence under this Act if it is established that the person exercised all due diligence to comply with this Act or to prevent the commission of the offence. Exception (2) Subsection (1) does not apply to an offence relating to (a) a contravention of paragraph 12(1)(f) or (g); (b) a contravention of section 48; or (c) a contravention of section 49 committed knowingly. No proceedings without consent 56. No proceedings in respect of an offence under this Act may be instituted except by or with the consent of the Attorney General of Canada. Limitation period 57. (1) Proceedings by way of summary conviction in respect of an offence under this Act may be instituted at any time within, but not later than, two years after the day on which the Minister became aware of the subject-matter of the proceedings. �� C. 20 Antarctic Environm Minister’s certificate (2) A document purporting to have been issued by the Minister, certifying the day on which the Minister became aware of the subject-matter of any proceedings, must be received in evidence and, in the absence of any evidence to the contrary, must be considered as proof of that fact without proof of the signature or of the official character of the person appearing to have signed the document and without further proof. Documents admissible in evidence 58. (1) A document made, given or issued under this Act and appearing to be signed by an analyst is admissible in evidence and, in the absence of evidence to the contrary, is proof of the statements contained in the document without proof of the signature or official character of the person appearing to have signed the document. Attendance of analyst (2) The party against whom the document is produced may, with leave of the court, require the attendance of the analyst who signed it. Notice (3) No document referred to in subsection (1) may be received in evidence unless the party intending to produce it has given to the party against whom it is intended to be produced reasonable notice of that intention together with a copy of the document. Injunction 59. (1) If, on the application of the Minister, it appears to a court of competent jurisdiction that a person or Canadian vessel in Canada, or a Canadian, Canadian vessel or permit holder in the Antarctic, has done, is about to do or is likely to do any act or thing constituting or directed toward the commission of an offence under this Act, the court may issue an injunction ordering any person or vessel named in the application (a) to refrain from doing any act or thing that, in the opinion of the court, may constitute or be directed toward the commission of an offence under this Act; or (b) to do any act or thing that, in the opinion of the court, may prevent the commission of an offence under this Act. Notice (2) No injunction may be issued under subsection (1) unless 48 hours notice is given to the party or parties named in the application or the urgency of the situation is such that 2002-2003 Protection de l’environn service of notice would not be in the public interest. Proof of offence 60. (1) In any prosecution of an offence under this Act, it is sufficient proof of the offence to establish that it was committed by an employee or agent of the accused, whether or not the employee or agent is identified or prosecuted for the offence. Proof of offence (2) In any prosecution of the master of a Canadian vessel or the pilot in command of a Canadian aircraft for an offence under this Act, it is sufficient proof of the offence to establish that it was committed by a crew member or other person on board the vessel or aircraft, whether or not the crew member or other person is identified or prosecuted for the offence. Additional fine 61. If a person is convicted of an offence and the court is satisfied that monetary benefits accrued to the person as a result of the commission of the offence, the court may order the person to pay an additional fine in an amount equal to the court’s estimation of the amount of the monetary benefits, which additional fine may exceed the maximum amount of any fine that may otherwise be imposed under this Act. Importing substances by analysts 62. The Minister may, subject to any reasonable condition specified by the Minister, authorize in writing an analyst to import, possess and use a substance for the purpose of conducting measurements, tests and research with respect to the substance. Sentencing considerations 63. In addition to the principles set out in sections 718 to 718.2 of the Criminal Code and any other principles it is required to consider, a court that imposes a sentence must take the following factors into account: (a) the unique characteristics and global importance of the Antarctic environment and dependent and associated ecosystems; (b) the harm or risk of harm caused by the commission of the offence; (c) an estimate of the total costs to remedy or reduce any damages caused by the commission of the offence; (d) whether any remedial or preventive action has been taken or proposed by or on behalf of the offender; �� C. 20 Antarctic Environm (e) whether any reporting requirements under this Act or the regulations were complied with by the offender; (f) whether the offender was found to have committed the offence intentionally, recklessly or inadvertently; (g) whether the offender was found by the court to have been negligent or to have shown a lack of concern with respect to the commission of the offence; (h) any property, benefit or advantage received or receivable by the offender to which, but for the commission of the offence, the offender would not have been entitled; (i) any evidence from which the court may reasonably conclude that the offender has a history of non-compliance with legislation designed to prevent or minimize harm to the environment; and (j) all available sanctions that are reasonable in the circumstances. Absolute or conditional discharge 64. (1) If an offender has pleaded guilty to or been found guilty of an offence, the court may, instead of convicting the offender, by order direct that the offender be discharged absolutely or on conditions having any or all of the effects described in paragraphs 66(1)(a) to (n). Conditions of order (2) If an order is made under subsection (1) and the offender contravenes or fails to comply with it, or is convicted of an offence under this Act, the prosecutor may apply to the court to revoke the discharge, convict the offender of the offence to which the discharge relates and impose any sentence that could have been imposed if the offender had been convicted at the time the order was made. Suspended sentence 65. (1) If an offender is convicted of an offence under this Act, the court may suspend the passing of sentence and may, having regard to the nature of the offence and the circumstances surrounding its commission, make an order under section 66. 2002-2003 Protection de l’environn Application by prosecutor (2) If the passing of sentence has been suspended under subsection (1) and the offender contravenes or fails to comply with an order made under section 66, or is convicted of an offence under this Act, the prosecutor may apply to the court to impose any sentence that could have been imposed if the passing of sentence had not been suspended. Orders of court 66. (1) If an offender has been convicted of an offence under this Act, in addition to any other punishment that may be imposed under this Act, the court may, having regard to the nature of the offence and the circumstances surrounding its commission, make an order having any or all of the following effects: (a) prohibiting the offender from doing any act or engaging in any activity that may result in the continuation or repetition of the offence; (b) directing the offender to take any action that the court considers appropriate to remedy or avoid any harm to the environment that results or may result from the act or omission that constituted the offence; (c) directing the offender to carry out environmental effects monitoring in the manner established by the Minister or directing the offender to pay, in the manner prescribed by the court, an amount for the purposes of environmental effects monitoring; (d) directing the offender to have an environmental audit conducted by a person of a class and at the times specified by the court and directing the offender to remedy any deficiencies revealed during the audit; (e) directing the offender to publish, in the manner directed by the court, the facts relating to the conviction; (f) directing the offender to notify, at the offender’s own cost and in the manner directed by the court, any person aggrieved or affected by the offender’s conduct of the facts relating to the conviction; (g) directing the offender to post any bond or pay any amount of money into court that will ensure compliance with any order made under this section; �� C. 20 Antarctic Environm (h) directing the offender to submit to the Minister, on application by the Minister made within three years after the date of conviction, any information with respect to the offender’s activities that the court considers appropriate and just in the circumstances; (i) directing the offender to compensate the Minister, in whole or in part, for the cost of any remedial or preventive action taken by or caused to be taken on behalf of the Minister as a result of the act or omission that constituted the offence; (j) directing the offender to perform community service, subject to any reasonable conditions that may be imposed in the order; (k) directing that the amount of any fine be allocated, subject to the Criminal Code, in accordance with any directions of the court that are made on the basis of the harm or risk of harm caused by the commission of the offence; (l) directing the offender to pay, in the manner prescribed by the court, an amount for the purposes of conducting research with respect to the Antarctic; (m) directing the offender to pay, in the manner prescribed by the court, an amount to an educational institution for scholarships for students enrolled in environmental studies; and (n) requiring the offender to comply with any other reasonable conditions that the court considers appropriate and just in the circumstances for securing the offender’s good conduct and for preventing the offender from repeating the same offence or committing other offences. Publication (2) If an offender fails to comply with an order made under paragraph (1)(e) directing the publication of the facts relating to the offence, the Minister may publish the facts in compliance with the order and recover the costs of publication from the offender. 2002-2003 Protection de l’environn Debt due to Her Majesty (3) If the court makes an order under paragraph (1)(i) directing an offender to pay costs or the Minister incurs publication costs under subsection (2), the costs constitute a debt due to Her Majesty in right of Canada and may be recovered in any court of competent jurisdiction. Variation of sanctions 67. (1) Subject to subsection (2), if a court has made, in relation to an offender, an order or direction under section 64, 65 or 66, the court may, on application by the offender or the Attorney General of Canada, require the offender to appear before it and, after hearing the offender and the Attorney General, vary the order in one or any combination of the following ways that is applicable and, in the opinion of the court, is rendered desirable by a change in the circumstances of the offender since the order was made: (a) make changes in the order or the conditions specified in it or extend the time during which the order is to remain in force for any period, not exceeding one year, that the court considers desirable; or (b) decrease the time during which the order is to remain in force or relieve the offender, either absolutely or partially or for any period that the court considers desirable, of compliance with any condition that is specified in the order. Notice (2) Before making an order under subsection (1), the court may direct that notice be given to any persons that the court considers to be interested and may hear any of those persons. Subsequent applications with leave 68. If an application made under section 67 in respect of an offender has been heard by a court, no other application may be made under that section with respect to the offender except with leave of the court. DISCLOSURE OF INFORMATION Purposes for which information may be disclosed 69. (1) Information obtained in the administration of this Act may be disclosed (a) as may be necessary for the purposes of the administration or enforcement of this Act; �� C. 20 Antarctic Environm (b) in order to notify other Parties to the Protocol (i) of the number and nature of permits issued under this Act, including their conditions, (ii) of any environmental emergency that has been discovered in the Antarctic or of any information relevant to a potential environmental risk in the Antarctic, and (iii) of an emergency in the Antarctic referred to in section 19 and any activities undertaken in relation to that emergency by a Canadian or other person on a Canadian expedition, a Canadian vessel or a Canadian aircraft; (c) in order to make publicly available annual reports on the steps taken by Canada to implement the Protocol, including administrative actions, enforcement measures and the preparation and implementation of emergency plans and waste management plans; (d) in order to make the following publicly available: (i) an initial environmental evaluation, (ii) any significant information obtained from procedures put in place to assess and verify the impact of an activity that has been the subject of an initial or comprehensive environmental evaluation, and any action taken in relation to that information, and (iii) a draft comprehensive environmental evaluation, any comments received on the draft, the final comprehensive environmental evaluation, notice of any decision relating to the final evaluation and any evaluation of the significance of the predicted impacts in relation to the proposed activity; (e) under an agreement or arrangement between the Government of Canada or any of its institutions and any other government in Canada, the government of a foreign state or an international organization or any of its institutions, or between the Minister and any other minister of the Crown in right of Canada, if 2002-2003 Protection de l’environn (i) the purpose of the agreement or arrangement is the administration or enforcement of a law, and (ii) the government, international organization, institution or other minister undertakes to keep the information confidential; or (f) under an agreement or arrangement between the Government of Canada and the government of a foreign state or an international organization, if the government or organization undertakes to keep the information confidential. Disclosure of personal information (2) Personal information as defined in section 3 of the Privacy Act may not be disclosed under subsection (1) unless (a) the disclosure is in the interest of public health, public safety or the protection of the environment; and (b) the public interest in the disclosure clearly outweighs in importance any damage to the privacy, reputation or human dignity of any individual that may result from the disclosure. COMING INTO FORCE Order 70. The provisions of this Act come into force on a day or days to be fixed by order of the Governor in Council. Published under authority of the Speaker of the House of Commons Available from: ������������� ����������������� ���������� ���������� Ottawa, Canada K1A 0S9 ��������� ����� ������������� ����������������� ���������� ����������� ������� ������� ��� ���

Second Session, Thirty-seventh Parliament, 51-52 Elizabeth II, 2002-2003 STATUTES OF CANADA 2003 CHAPTER 9 An Act to amend the Canadian Environmental Assessment Act BILL C-9 ASSENTED TO 11th JUNE, 2003 RECOMMENDATION Her Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled ‘‘An Act to amend the Canadian Environmental Assessment Act’’. SUMMARY This enactment implements the results of the statutory review of the Canadian Environmental Assessment Act conducted by the Minister of the Environment. It establishes a federal environmental assessment coordinator for projects that undergo screening or comprehensive study-level assessment. It modifies the comprehensive study process to prevent a second environmental assessment of a project by review panel, while extending the participant funding program to comprehensive studies. This enactment expands existing regulation-making authority for projects on federal lands, provides a new use for class screening reports as a replacement for project-specific assessments and makes follow-up programs mandatory for projects after a comprehensive study or review panel. To provide Canadians with access to information about the environmental assessment of specific projects, this enactment creates the Canadian Environmental Assessment Registry. It requires that the Canadian Environmental Assessment Agency establish and lead a quality assurance program, promote and monitor compliance and assist relevant parties in building consensus and resolving disputes. ��� ������������� ������������ ��� ��������� �� ��� ������������� �������� ������������� �� ��� ��������� �������� ��������������������� 51-52 ELIZABETH II CHAPTER 9 An Act to amend the Canadian Environmental Assessment Act [Assented to 11th June, 2003] Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: 1992, c. 37 CANADIAN ENVIRONMENTAL ASSESSMENT ACT 1. (1) The definitions ‘‘comprehensive study’’ and ‘‘exclusion list’’ in subsection 2(1) of the Canadian Environmental Assessment Act are replaced by the following: ‘‘comprehensive study’’ « étude approfondie » ‘‘comprehensive study’’ means an environmental assessment that is conducted pursuant to sections 21 and 21.1, and that includes a consideration of the factors required to be considered pursuant to subsections 16(1) and (2); ‘‘exclusion list’’ « liste d’exclusion » ‘‘exclusion list’’ means a list of projects or classes of projects that have been exempted from the requirement to conduct an assessment by regulations made under paragraph 59(c) or (c.1); (2) The portion of the definition ‘‘federal authority’’ in subsection 2(1) of the Act after paragraph (a) is replaced by the following: 1998, c. 15, subpar. 50(b)(i) (b) an agency of the Government of Canada, a parent Crown corporation, as defined in subsection 83(1) of the Financial Administration Act, or any other body established by or pursuant to an Act of Parliament that is ultimately accountable through a Minister of the Crown in right of Canada to Parliament for the conduct of its affairs, (c) any department or departmental corporation set out in Schedule I or II to the Financial Administration Act, and � C. 9 Environmenta (d) any other body that is prescribed pursuant to regulations made under paragraph 59(e), but does not include the Executive Council of — or a minister, department, agency or body of the government of — Yukon, the Northwest Territories or Nunavut, a council of the band within the meaning of the Indian Act, Export Development Canada, the Canada Pension Plan Investment Board, a Crown corporation that is a wholly-owned subsidiary, as defined in subsection 83(1) of the Financial Administration Act, The Hamilton Harbour Commissioners as constituted pursuant to The Hamilton Harbour Commissioners’ Act, a harbour commission established pursuant to the Harbour Commissions Act, a not-for-profit corporation that enters into an agreement under subsection 80(5) of the Canada Marine Act or a port authority established under that Act; Coming into force (2.1) Subsection (2) comes into force on the day that is three years after the day on which this Act receives royal assent. 1998, c. 15, subpar. 50(b)(ii) (3) Paragraph (a) of the definition ‘‘federal lands’’ in subsection 2(1) of the Act is replaced by the following: (a) lands that belong to Her Majesty in right of Canada, or that Her Majesty in right of Canada has the power to dispose of, and all waters on and airspace above those lands, other than lands under the administration and control of the Commissioner of Yukon, the Northwest Territories or Nunavut, (4) Subsection 2(1) of the Act is amended by adding the following in alphabetical order: ‘‘Registry’’ « registre » ‘‘Registry’’ means the Canadian Environmental Assessment Registry established under section 55; (5) Subsection 2(2) of the Act is replaced by the following: 2002-2003 Extended meaning of ‘‘administration of federal lands’’ Évaluation envi (2) In so far as this Act applies to Crown corporations, the expression ‘‘administration of federal lands’’ includes the ownership or management of those lands. (6) Section 2 of the Act is amended by adding the following after subsection (2): For greater certainty (3) For greater certainty, any construction, operation, modification, decommissioning, abandonment or other undertaking in relation to a physical work and any activity that is prescribed or is within a class of activities that is prescribed for the purposes of the definition ‘‘project’’ in subsection (1) is a project for at least so long as, in relation to it, a person or body referred to in subsection 5(1) or (2), 8(1), 9(2), 9.1(2), 10(1) or 10.1(2) is considering, but has not yet taken, an action referred to in those subsections. 1993, c. 34, s. 19(F) 2. (1) The portion of section 4 of the Act before paragraph (b) is replaced by the following: Purposes 4. (1) The purposes of this Act are (a) to ensure that projects are considered in a careful and precautionary manner before federal authorities take action in connection with them, in order to ensure that such projects do not cause significant adverse environmental effects; (2) Subsection 4(1) of the Act is amended by adding the following after paragraph (b.1): (b.2) to promote cooperation and coordinated action between federal and provincial governments with respect to environmental assessment processes for projects; (b.3) to promote communication and cooperation between responsible authorities and Aboriginal peoples with respect to environmental assessment; (3) Paragraph 4(1)(d) of the Act is replaced by the following: (d) to ensure that there be opportunities for timely and meaningful public participation � C. 9 Environmenta throughout the environmental assessment process. (4) Section 4 of the Act is amended by adding the following after subsection (1): Duties of the Government of Canada (2) In the administration of this Act, the Government of Canada, the Minister, the Agency and all bodies subject to the provisions of this Act, including federal authorities and responsible authorities, shall exercise their powers in a manner that protects the environment and human health and applies the precautionary principle. 1994, c. 26, s. 23(F) 3. (1) The portion of subsection 7(1) of the Act before paragraph (a) is replaced by the following: Exclusions 7. (1) An assessment of a project is not required under section 5 or sections 8 to 10.1, where (2) Subsection 7(2) of the Act is replaced by the following: Exclusions (2) For greater certainty, an assessment is not required under any of the provisions referred to in this subsection where a federal authority exercises a power or performs a duty or function referred to in paragraph 5(1)(b) or 10.1(2)(b) — or a person or body exercises a power or performs a duty or function referred to in paragraph 5(1)(b), 9(2)(b), 9.1(2)(b) or 10(1)(b) — in relation to a project and the essential details of the project are not specified before or at the time the power is exercised or the duty or function is performed. 4. Section 8 of the Act is replaced by the following: Assessments by certain Crown corporations 8. (1) A Crown corporation, as defined in subsection 83(1) of the Financial Administration Act, that is not a federal authority shall, if regulations have been made in relation to it under paragraph 59(j) and have come into force, ensure that, before it exercises a power or performs a duty or function referred to in any of paragraphs 5(1)(a) to (d) in relation to a project, an environmental assessment of the project under this section is conducted in accordance with those regulations as early as is practicable in the planning stages of the project and before irrevocable decisions are made. 2002-2003 Évaluation envi Where a minister has no duty (2) Notwithstanding section 5, a Minister of the Crown in right of Canada is not required to ensure that an environmental assessment of a project is conducted by reason only of that minister’s authorization or approval under any other Act of Parliament or any regulations made under such an Act of the exercise of a power or performance of a duty or function referred to in paragraph 5(1)(a), (b) or (c) in relation to the project by a Crown corporation within the meaning of the Financial Administration Act. Precedence of federal authority (3) If a Crown corporation is the proponent of a project and proposes to do any act or thing that commits it to carrying out the project in whole or in part and a federal authority other than the Crown corporation is required under paragraph 5(1)(d) to ensure the conduct of an environmental assessment of that project, the Crown corporation is not required to ensure that an environmental assessment of the project is conducted but, for greater certainty, it may accept a delegation from the federal authority under section 17. 1998, c. 10, s. 165 5. Sections 9 and 10 of the Act are replaced by the following: Assessments by harbour commissions and port authorities 9. (1) The Hamilton Harbour Commissioners as constituted pursuant to The Hamilton Harbour Commissioners’ Act, a harbour commission established pursuant to the Harbour Commissions Act, a not-for-profit corporation that enters into an agreement under subsection 80(5) of the Canada Marine Act or a port authority established under that Act shall, if regulations have been made under paragraph 59(k) and have come into force, ensure that an environmental assessment of a project under this section is conducted in accordance with those regulations as early as is practicable in the planning stages of the project and before irrevocable decisions are made. Projects (2) The environmental assessment of a project under this section shall be conducted where (a) a person or body referred to in subsection (1) is the proponent of the project and does any act or thing that commits it to carrying out the project in whole or in part; � C. 9 Environmenta (b) a person or body referred to in subsection (1) makes or authorizes payments or provides a guarantee for a loan or any other form of financial assistance to the proponent for the purpose of enabling the project to be carried out in whole or in part; (c) a person or body referred to in subsection (1) sells, leases or otherwise disposes of federal lands or any interests in those lands, for the purpose of enabling the project to be carried out in whole or in part; (d) under a provision prescribed under paragraph 59(k.1), a person or body referred to in subsection (1) issues a permit or licence, grants an approval or takes any other action for the purpose of enabling the project to be carried out in whole or in part; or (e) in circumstances prescribed by regulations made under paragraph 59(k.2), a project is to be carried out in whole or in part on federal lands over which a person or body referred to in subsection (1) has administration or management. Prescribed authorities 9.1 (1) If regulations have been made under paragraph 59(k.3) and have come into force, an authority prescribed by those regulations shall ensure that an environmental assessment of a project under this section is conducted in accordance with those regulations as early as is practicable in the planning stages of the project and before irrevocable decisions are made. Projects (2) The environmental assessment of a project under this section shall be conducted where (a) the project is to be carried out on federal lands and the prescribed authority is the proponent of the project and does any act or thing that commits it to carrying out the project in whole or in part; (b) the project is to be carried out on federal lands and the prescribed authority makes or authorizes payments or provides a guarantee for a loan or any other form of financial assistance to the proponent for the purpose of enabling the project to be carried out in whole or in part; 2002-2003 Évaluation envi (c) the prescribed authority sells, leases or otherwise disposes of federal lands or any interests in those lands, for the purpose of enabling the project to be carried out in whole or in part; (d) the prescribed authority, under a provision prescribed under paragraph 59(k.4), issues a permit or licence, grants an approval or takes any other action for the purpose of enabling the project to be carried out in whole or in part; or (e) in circumstances prescribed by regulations made under paragraph 59(k.5), a project is to be carried out in whole or in part on federal lands over which the prescribed authority has administration or management or any right or interest specified in those regulations. Assessments by band councils under regulations 10. (1) If a project is to be carried out in whole or in part on a reserve that has been set apart for the use and benefit of a band and that is subject to the Indian Act, the council of the band for whose use and benefit the reserve has been set apart shall, if regulations that apply to the band have been made under paragraph 59(l) and have come into force, ensure that an environmental assessment of the project is conducted in accordance with those regulations before the band council exercises one of the following powers or performs one of the following duties or functions in respect of the project, namely, where the band council (a) is the proponent of the project and does any act or thing that commits it to carrying out the project in whole or in part; (b) makes or authorizes payments or provides a guarantee for a loan or any other form of financial assistance to the proponent of the project for the purpose of enabling the project to be carried out in whole or in part, including financial assistance in the form of any reduction, avoidance, deferral, removal, refund, remission or other form of relief from the payment of any tax; or (c) takes any action under a provision prescribed under paragraph 59(l.001) for the purpose of enabling the project to be carried out in whole or in part. � C. 9 Environmenta Timing of assessment (2) Where an environmental assessment of a project is required under subsection (1), the band council shall ensure that the assessment is conducted as early as is practicable in the planning stages of the project and before irrevocable decisions are made. Assessments — CIDA 10.1 (1) The Canadian International Development Agency shall, if regulations have been made under paragraph 59(l.01) and have come into force, ensure that an environmental assessment of a project is conducted under this section in accordance with those regulations as early as is practicable in the planning stages of the project and before irrevocable decisions are made. Projects (2) An environmental assessment of a project under this section is required to be conducted where the Canadian International Development Agency (a) is the proponent of the project and does any act or thing that commits it to carrying out the project in whole or in part; or (b) makes or authorizes payments or provides a guarantee for a loan or any other form of financial assistance for the purpose of enabling the project to be carried out in whole or in part. Replacement for environmental assessment (3) The application of subsection 5(1) to the Canadian International Development Agency is suspended while regulations referred to in subsection (1) are in force. 6. The Act is amended by adding the following after section 11: Ministerial orders 11.1 (1) The Minister or the minister through whom the responsible authority is accountable to Parliament for the conduct of its affairs in respect of a project being assessed under this Act — or, if there is more than one responsible authority in respect of a project, the ministers together — may, by order, prohibit a proponent from doing, until the day on which the responsible authority or authorities take a course of action under paragraph 20(1)(a) or (b) or subsection 37(1), any act or thing that carries out the project being assessed in whole or in part and that would alter the environment. 2002-2003 Évaluation envi Order in force (2) An order under subsection (1) takes effect on the day on which it is made. Approval of Governor in Council (3) The order ceases to have effect 14 days after it is made unless, within that period, it is approved by the Governor in Council. Exemption from application of Statutory Instruments Act (4) The order is exempt from the application of sections 3, 5 and 11 of the Statutory Instruments Act and shall be published in the Canada Gazette within 23 days after it is approved by the Governor in Council. Injunction 11.2 (1) If, on the application of the Attorney General of Canada or any interested person, it appears to a court of competent jurisdiction that an order made under section 11.1 has been, is about to be or is likely to be contravened, the court may issue an injunction ordering any person named in the application to refrain from doing any act or thing that would contravene the order, until the day on which the responsible authority or authorities referred to in that section take a course of action under paragraph 20(1)(a) or (b) or subsection 37(1). Notice (2) At least forty-eight hours before an injunction is issued under subsection (1), notice of the application shall be given to persons named in the application, unless the urgency of the situation is such that the delay involved in giving the notice would not be in the public interest. 7. The Act is amended by adding the following after section 12: Federal Environmental Assessment Coordinator Role 12.1 The role of a federal environmental assessment coordinator is to coordinate the participation of federal authorities in the environmental assessment process for a project where a screening or comprehensive study is or might be required and to facilitate communication and cooperation among them and with provinces, persons or bodies referred to in sections 8 to 10, jurisdictions referred to in paragraph 12(5)(c) or (d) or 40(1)(e) or (f) and other participants. �� Duties C. 9 Environmenta 12.2 The federal environmental assessment coordinator shall (a) ensure that the federal authorities that are or may be responsible authorities and those that are or may be in possession of specialist or expert information or knowledge with respect to the project are identified; (b) coordinate their involvement throughout the environmental assessment process; (c) coordinate the responsible authorities’ fulfilment of their obligations under subsection 55.3(1), paragraph 55.4(1)(a) and section 55.5; (d) ensure that federal authorities fulfil their obligations under this Act in a timely manner; and (e) coordinate the federal authorities’ involvement with other jurisdictions. Powers 12.3 In carrying out duties under section 12.2, the federal environmental assessment coordinator may (a) establish and chair a committee composed of the federal authorities that are or may be responsible authorities for the project and those that are or may be in possession of specialist or expert information or knowledge with respect to the project; (b) after consulting with the authorities referred to in paragraph (a), establish time lines in relation to the assessment; and (c) in consultation with the federal authorities that are or may be responsible authorities, determine the timing of any public participation. Agency as coordinator 12.4 (1) Subject to subsection (3), the federal environmental assessment coordinator for a project is the Agency if (a) the project is subject to the environmental assessment process of another jurisdiction referred to in paragraph 12(5)(a), (c) or (d) or 40(1)(e) or (f); or 2002-2003 Évaluation envi (b) the project is described in the comprehensive study list. Responsible authority as coordinator (2) Subject to subsections (1) and (3), the federal environmental assessment coordinator for a project is (a) the sole responsible authority in relation to the project; or (b) if there is more than one responsible authority in relation to the project, the one that is selected by the responsible authorities or, if they have not selected one within a reasonable time, the one that is designated by the Agency. Coordinator by agreement (3) No person or body other than the coordinator designated under subsections (1) and (2) may assume any of the powers, duties or functions of the federal environmental assessment coordinator except (a) the Agency, if the responsible authorities referred to in paragraph (2)(b) and the Agency agree; or (b) a responsible authority, in a case referred to in paragraph (1)(a) or (b), if the Agency and the responsible authority agree. For greater certainty (4) For greater certainty, agreements contemplated by subsection (3) may apply generally and not be specific to a particular project. Obligation to comply with coordinator’s requests 12.5 Every federal authority shall comply in a timely manner with requests and determinations made by the federal environmental assessment coordinator in the course of carrying out its duties or functions. 8. The Act is amended by adding the following after section 16: Community knowledge and aboriginal traditional knowledge 16.1 Community knowledge and aboriginal traditional knowledge may be considered in conducting an environmental assessment. Regional studies 16.2 The results of a study of the environmental effects of possible future projects in a region, in which a federal authority participates, outside the scope of this Act, with other jurisdictions referred to in paragraph 12(5)(a), (c) or (d), may be taken into account in conducting an environmental assessment of a �� C. 9 Environmenta project in the region, particularly in considering any cumulative environmental effects that are likely to result from the project in combination with other projects or activities that have been or will be carried out. Publication of determinations 16.3 The responsible authority shall document and make available to the public, pursuant to subsection 55(1), its determinations pursuant to section 20. 1993, c. 34, s. 23(1)(F) 9. (1) The portion of subsection 18(1) of the Act before paragraph (a) is replaced by the following: Screening 18. (1) Where a project is not described in the comprehensive study list or the exclusion list made under paragraph 59(c), the responsible authority shall ensure that (2) Subsection 18(3) of the Act is replaced by the following: Public participation (3) Where the responsible authority is of the opinion that public participation in the screening of a project is appropriate in the circumstances — or where required by regulation — the responsible authority (a) shall, before providing the public with an opportunity to examine and comment on the screening report, include in the Internet site a description of the scope of the project, the factors to be taken into consideration in the screening and the scope of those factors or an indication of how such a description may be obtained; (b) shall give the public an opportunity to examine and comment on the screening report and on any record relating to the project that has been included in the Registry before taking a course of action under section 20 and shall give adequate notice of that opportunity; and (c) may, at any stage of the screening that it determines, give the public any other opportunity to participate. Timing of public participation (4) The responsible authority’s discretion under subsection (3) with respect to the timing of public participation is subject to a decision made by the federal environmental assessment coordinator under paragraph 12.3(c). 2002-2003 Évaluation envi 1993, c. 34, s. 24(F) 10. Section 19 of the Act is replaced by the following: Class screening reports 19. (1) Subject to subsection (3), the Agency may declare a report to be a class screening report if projects of the class described in the report are not likely, in the opinion of the Agency, to cause significant adverse environmental effects when the design standards and mitigation measures described in the class screening report are applied. Use of class screening report (2) The declaration shall include a statement that the class screening report may be used as (a) a replacement for the screening required by section 18, and the decision required by section 20, for projects of the class; or (b) a model for streamlining the screening required by section 18 for projects of the class. Public notice and consideration of public comments (3) The Agency shall, before making a declaration pursuant to subsection (1), (a) publish, in any manner it considers appropriate, a notice setting out the following information, namely, (i) the date on which the draft report will be available to the public, (ii) the place at which copies of it may be obtained, and (iii) the deadline and address for filing comments on the appropriateness of its use as a replacement or model for screenings for projects of that class; and (b) take into consideration any comments filed under subparagraph (a)(iii) and include in the Registry any comments filed by the public. Publication of declaration (4) Any declaration made pursuant to subsection (1) shall be published in the Canada Gazette and, together with the report to which it relates or a description of how a �� C. 9 Environmenta copy of the report may be obtained, shall be included in the Internet site. Use of a class screening report as a replacement (5) Where a responsible authority is satisfied that a project falls within a class in respect of which a class screening report has been made to which paragraph (2)(a) applies, no further action is required under section 18 or 20 with respect to the project, as long as the responsible authority ensures that the design standards and mitigation measures described in the report are implemented. Use of class screening report as a model (6) Where a responsible authority is satisfied that a project or part of a project falls within a class in respect of which a class screening report has been made to which paragraph (2)(b) applies, the responsible authority may use or permit the use of that report and any screening on which it is based to whatever extent the responsible authority considers appropriate for the purpose of complying with section 18. Necessary adjustments (7) Where a responsible authority uses or permits the use of a class screening report to which paragraph (2)(b) applies, it shall ensure that any adjustments are made to the report that are necessary to take into account local circumstances and any cumulative environmental effects that may result from the project in combination with other projects or activities that have been or will be carried out. Declaration to remove class screening report (8) Where the Agency determines that a class screening report is no longer appropriate to be used as a replacement or model in conducting screenings of other projects within the same class, the Agency may declare the report not to be a class screening report. Publication (9) Any declaration made pursuant to subsection (8) shall be published in the Canada Gazette and included in the Internet site. 11. (1) Paragraph 20(1)(a) of the Act is replaced by the following: (a) subject to subparagraph (c)(iii), where, taking into account the implementation of any mitigation measures that the responsible authority considers appropriate, the project is not likely to cause significant 2002-2003 Évaluation envi adverse environmental effects, the responsible authority may exercise any power or perform any duty or function that would permit the project to be carried out in whole or in part; 1993, c. 34, s. 25(F) (2) Subsections 20(2) and (3) of the Act are replaced by the following: Mitigation measures — extent of authority (1.1) Mitigation measures that may be taken into account under subsection (1) by a responsible authority are not limited to measures within the legislative authority of Parliament and include (a) any mitigation measures whose implementation the responsible authority can ensure; and (b) any other mitigation measures that it is satisfied will be implemented by another person or body. Responsible authority to ensure implementation of mitigation measures (2) When a responsible authority takes a course of action referred to in paragraph (1)(a), it shall, with respect to any mitigation measures it has taken into account and that are described in paragraph (1.1)(a), ensure their implementation in any manner that it considers necessary and, in doing so, it is not limited to its duties or powers under any other Act of Parliament. Assistance of other federal authority (2.1) A federal authority shall provide any assistance requested by a responsible authority in ensuring the implementation of a mitigation measure on which the federal authority and the responsible authority have agreed. Prohibition of actions in furtherance of project (3) Where the responsible authority takes a course of action pursuant to paragraph (1)(b) in relation to a project, the responsible authority shall publish a notice of that course of action in the Registry and, notwithstanding any other Act of Parliament, no power, duty or function conferred by or under that Act or any regulation made under it shall be exercised or performed that would permit that project to be carried out in whole or in part. Time for decision (4) A responsible authority shall not take any course of action under subsection (1) before the 15th day after the inclusion on the Internet site of �� C. 9 Environmenta (a) notice of the commencement of the environmental assessment; (b) a description of the scope of the project; and (c) where the responsible authority, in accordance with subsection 18(3), gives the public an opportunity to participate in the screening of a project, a description of the factors to be taken into consideration in the environmental assessment and of the scope of those factors or an indication of how such a description may be obtained. 1993, c. 34, s. 26(F) 12. Section 21 of the Act is replaced by the following: Public consultation 21. (1) Where a project is described in the comprehensive study list, the responsible authority shall ensure public consultation with respect to the proposed scope of the project for the purposes of the environmental assessment, the factors proposed to be considered in its assessment, the proposed scope of those factors and the ability of the comprehensive study to address issues relating to the project. Report and recommendation (2) After the public consultation, as soon as it is of the opinion that it has sufficient information to do so, the responsible authority shall (a) report to the Minister regarding (i) the scope of the project, the factors to be considered in its assessment and the scope of those factors, (ii) public concerns in relation to the project, (iii) the potential of the project to cause adverse environmental effects, and (iv) the ability of the comprehensive study to address issues relating to the project; and (b) recommend to the Minister to continue with the environmental assessment by means of a comprehensive study, or to refer the project to a mediator or review panel in accordance with section 29. 2002-2003 Minister’s decision Évaluation envi 21.1 (1) The Minister, taking into account the things with regard to which the responsible authority must report under paragraph 21(2)(a) and the recommendation of the responsible authority under paragraph 21(2)(b), shall, as the Minister considers appropriate, (a) refer the project to the responsible authority so that it may continue the comprehensive study and ensure that a comprehensive study report is prepared and provided to the Minister and to the Agency; or (b) refer the project to a mediator or review panel in accordance with section 29. Decision final (2) Despite any other provision of this Act, if the Minister refers the project to a responsible authority under paragraph (1)(a), it may not be referred to a mediator or review panel in accordance with section 29. Public participation 21.2 Where a project has been referred to a responsible authority under paragraph 21.1(1)(a), the responsible authority shall ensure that the public is provided with an opportunity, in addition to those provided under subsection 21(1) and section 22, to participate in the comprehensive study, subject to a decision with respect to the timing of the participation made by the federal environmental assessment coordinator under paragraph 12.3(c). 13. Section 23 of the Act is replaced by the following: Decision of Minister 23. (1) The Minister shall, after taking into consideration the comprehensive study report and any comments filed pursuant to subsection 22(2), refer the project back to the responsible authority for action under section 37 and issue an environmental assessment decision statement that (a) sets out the Minister’s opinion as to whether, taking into account the implementation of any mitigation measures that the Minister considers appropriate, the project is or is not likely to cause significant adverse environmental effects; and �� C. 9 Environmenta (b) sets out any mitigation measures or follow-up program that the Minister considers appropriate, after having taken into account the views of the responsible authorities and other federal authorities concerning the measures and program. More information required (2) Before issuing the environmental assessment decision statement, the Minister shall, if the Minister is of the opinion that additional information is necessary or that there are public concerns that need to be further addressed, request that the federal authorities referred to in paragraph 12.3(a) or the proponent ensure that the necessary information is provided or actions are taken to address those public concerns. Time for statement (3) The Minister shall not issue the environmental assessment decision statement before the 30th day after the inclusion on the Internet site of (a) notice of the commencement of the environmental assessment; (b) a description of the scope of the project; (c) where the Minister, under paragraph 21.1(1)(a), refers a project to the responsible authority to continue a comprehensive study, (i) notice of the Minister’s decision to so refer the project, and (ii) a description of the factors to be taken into consideration in the environmental assessment and of the scope of those factors or an indication of how such a description may be obtained; and (d) the comprehensive study report that is to be taken into consideration by a responsible authority in making its decision under subsection 37(1) or a description of how a copy of the report may be obtained. 14. Subsection 29(4) of the Act is replaced by the following: When mediation fails (4) Where, at any time after an environmental assessment or part of an environmental assessment of a project has been referred to a mediator, the Minister or the mediator determines that the mediation is not likely to produce a result that is satisfactory to all the 2002-2003 Évaluation envi participants, the Minister shall order the conclusion of the mediation. 15. Subsection 32(1) of the French version of the Act is replaced by the following: Rapport du médiateur 32. (1) Dès la fin de la médiation, le médiateur présente un rapport au ministre et à l’autorité responsable. 16. (1) Subsection 35(3) of the Act is replaced by the following: Hearings to be public (3) A hearing by a review panel shall be public unless the panel is satisfied after representations made by a witness that specific, direct and substantial harm would be caused to the witness or specific harm to the environment by the disclosure of the evidence, documents or other things that the witness is ordered to give or produce pursuant to subsection (1). (2) Section 35 of the Act is amended by adding the following after subsection (4): Non-disclosure (4.1) Where a review panel is satisfied that the disclosure of evidence, documents or other things would cause specific harm to the environment, the evidence, documents or things are privileged and shall not, without the authorization of the review panel, knowingly be or be permitted to be communicated, disclosed or made available by any person who has obtained the evidence, documents or other things pursuant to this Act. 1994, c. 46, s. 3(1) 17. (1) The portion of subsection 37(1) of the Act before paragraph (a) is replaced by the following: Decision of responsible authority 37. (1) Subject to subsections (1.1) to (1.3), the responsible authority shall take one of the following courses of action in respect of a project after taking into consideration the report submitted by a mediator or a review panel or, in the case of a project referred back to the responsible authority pursuant to subsection 23(1), the comprehensive study report: �� 1993, c. 34, s. 29(1)(F) C. 9 Environmenta (1.1) The portion of paragraph 37(1)(a) of the Act after subparagraph (ii) is replaced by the following: the responsible authority may exercise any power or perform any duty or function that would permit the project to be carried out in whole or in part; or (2) Section 37 of the Act is amended by adding the following after subsection (1.1): Federal authority (1.2) Where a response to a report is required under paragraph (1.1)(a) and there is, in addition to a responsible authority, a federal authority referred to in paragraph 5(2)(b) in relation to the project, that federal authority may act as a responsible authority for the purposes of that response. This subsection applies in the case of a federal authority within the meaning of paragraph (b) of the definition ‘‘federal authority’’ in subsection 2(1) if the Minister through whom the authority is accountable to Parliament agrees. Approval of Governor in Council (1.3) Where a project is referred back to a responsible authority under subsection 23(1) and the Minister issues an environmental assessment decision statement to the effect that the project is likely to cause significant adverse environmental effects, no course of action may be taken by the responsible authority under subsection (1) without the approval of the Governor in Council. (3) Subsection 37(3) of the Act is replaced by the following: Mitigation measures — extent of authority (2.1) Mitigation measures that may be taken into account under subsection (1) by a responsible authority are not limited to measures within the legislative authority of Parliament and include (a) any mitigation measures whose implementation the responsible authority can ensure; and (b) any other mitigation measures that it is satisfied will be implemented by another person or body. 2002-2003 Évaluation envi Responsible authority to ensure implementation of mitigation measures (2.2) When a responsible authority takes a course of action referred to in paragraph (1)(a), it shall, with respect to any mitigation measures it has taken into account and that are described in paragraph (2.1)(a), ensure their implementation in any manner that it considers necessary and, in doing so, it is not limited to its duties or powers under any other Act of Parliament. Assistance of other federal authority (2.3) A federal authority shall provide any assistance requested by a responsible authority in ensuring the implementation of a mitigation measure on which the federal authority and the responsible authority have agreed. Prohibition: proceeding with project (3) Where the responsible authority takes a course of action referred to in paragraph (1)(b) in relation to a project, the responsible authority shall publish a notice of that course of action in the Registry and, notwithstanding any other Act of Parliament, no power, duty or function conferred by or under that Act or any regulation made under it shall be exercised or performed that would permit that project to be carried out in whole or in part. Time for decision (4) A responsible authority shall not take any course of action under subsection (1) before the 30th day after the report submitted by a mediator or a review panel or a summary of it has been included on the Internet site in accordance with paragraph 55.1(2)(p). 1993, c. 34, s. 30(F) 18. Section 38 of the Act is replaced by the following: Consideration of follow-up — decision under paragraph 20(1)(a) 38. (1) Where a responsible authority takes a course of action under paragraph 20(1)(a), it shall consider whether a follow-up program for the project is appropriate in the circumstances and, if so, shall design a follow-up program and ensure its implementation. Mandatory follow-up — decision under paragraph 37(1)(a) (2) Where a responsible authority takes a course of action under paragraph 37(1)(a), it shall design a follow-up program for the project and ensure its implementation. Scope of follow-up program (3) In designing a follow-up program and in ensuring its implementation, a responsible authority is not limited by the Act of Parliament that confers the powers it exercises or the duties or functions it performs. �� C. 9 Environmenta Assistance of other federal authority (4) A federal authority shall provide any assistance requested by a responsible authority in ensuring the implementation of a follow-up program on which the federal authority and the responsible authority have agreed. Follow-up programs (5) The results of follow-up programs may be used for implementing adaptive management measures or for improving the quality of future environmental assessments. 1993, c. 34, s. 31(1)(F) 19. (1) Subsection 40(2) of the Act is replaced by the following: Review panels established jointly with another jurisdiction (2) Subject to section 41, where the referral of a project to a review panel is required or permitted by this Act, the Minister (a) may enter into an agreement or arrangement with a jurisdiction referred to in paragraph (1)(a), (b), (c) or (d) that has powers, duties or functions in relation to the assessment of the environmental effects of the project, respecting the joint establishment of a review panel and the manner in which the environmental assessment of the project is to be conducted by the review panel; and (b) shall, in the case of a jurisdiction within the meaning of subsection 12(5) that has a responsibility or an authority to conduct an assessment of the environmental effects of the project or any part of it, offer to consult and cooperate with that other jurisdiction respecting the environmental assessment of the project. 1993, c. 34, s. 31(2)(F); 1995, c. 5, par. 25(1)(b) (2) Subsection 40(3) of the Act is replaced by the following: Review panels established jointly with another jurisdiction (3) Subject to section 41, where the referral of a project to a review panel is required or permitted by this Act and a jurisdiction referred to in paragraph (1)(e) or (f) has a responsibility or an authority to conduct an assessment of the environmental effects of the project or any part of it, the Minister and the Minister of Foreign Affairs may enter into an agreement or arrangement with that jurisdiction respecting the joint establishment of a 2002-2003 Évaluation envi review panel and the manner in which the environmental assessment of the project is to be conducted by the review panel. 1998, c. 25, s. 164 20. (1) The portion of section 41 of the Act before paragraph (a) is replaced by the following: Conditions 41. An agreement or arrangement entered into pursuant to subsection 40(2) or (3), and any document establishing a review panel under subsection 40(2.1), shall provide that the environmental assessment of the project shall include a consideration of the factors required to be considered under subsections 16(1) and (2) and be conducted in accordance with any additional requirements and procedures set out in the agreement and shall provide that (2) Paragraph 41(d) of the Act is replaced by the following: (d) the review panel is to have the powers and immunities provided for in section 35; 21. Subsection 46(1) of the Act is replaced by the following: Transboundary and related environmental effects 46. (1) Where no power, duty or function referred to in section 5 is to be exercised or performed by a federal authority in relation to a project that is to be carried out in a province and the Minister is of the opinion that the project may cause significant adverse environmental effects in another province, the Minister may refer the project to a mediator or a review panel in accordance with section 29 for an assessment of the environmental effects of the project in that other province. 1995, c. 5, par. 25(1)(b) 22. Subsection 47(1) of the Act is replaced by the following: International environmental effects 47. (1) Where no power, duty or function referred to in section 5 is to be exercised or performed by a federal authority in relation to a project that is to be carried out in Canada or on federal lands and the Minister is of the opinion that the project may cause significant adverse environmental effects occurring both outside Canada and outside those federal lands, the Minister and the Minister of Foreign Affairs may refer the project to a mediator or a review panel in accordance with section 29 for an assessment of the environmental effects �� C. 9 Environmenta of the project occurring both outside Canada and outside federal lands. 23. (1) The portion of subsection 48(1) of the Act before paragraph (a) is replaced by the following: Environmental effects of projects carried out on lands of federal interest 48. (1) Where no power, duty or function referred to in section 5 is to be exercised or performed by a federal authority in relation to a project that is to be carried out in Canada and the Minister is of the opinion that the project may cause significant adverse environmental effects on (1.1) Paragraph 48(1)(b) of the Act is replaced by the following: (a.1) a park or park reserve as defined in subsection 2(1) of the Canada National Parks Act, (b) federal lands other than those mentioned in paragraph (a) or (a.1), (1.2) Section 48 of the Act is amended by adding the following after subsection (1): Ecological integrity (1.1) In deciding whether or not a project may cause significant adverse environmental effects on a park or park reserve as defined in subsection 2(1) of the Canada National Parks Act, the Minister shall take into account its ecological integrity, as that expression is defined in that subsection. (2) The portion of subsection 48(2) of the Act before paragraph (a) is replaced by the following: Environmental effects of projects carried out on reserve lands, etc. (2) Where no power, duty or function referred to in section 5 is to be exercised or performed by a federal authority in relation to a project that is to be carried out on (2.1) Paragraph 48(3)(c) of the Act is replaced by the following: (c) in respect of lands referred to in paragraph (1)(c) or (e) or (2)(b), the party to 2002-2003 Évaluation envi the agreement or claim — or that party’s successor — that was, or was acting on behalf of, an aboriginal people or group, or (3) Subsection 48(5) of the Act is amended by striking out the word ‘‘and’’ at the end of paragraph (c) and by adding the following after paragraph (d): (e) in respect of lands referred to in paragraph (1)(a) or (2)(a), the council of the band for whose use and benefit the reserve has been set apart; (f) in respect of lands referred to in paragraph (1)(c) or (e) or (2)(b), the party to the agreement or claim — or that party’s successor — that was, or was acting on behalf of, an aboriginal people or group; and (g) in respect of lands that have been set aside for the use and benefit of Indians pursuant to legislation referred to in paragraph (1)(d) or (2)(c), the governing body established by that legislation. 1993, c. 34, s. 37(F) 24. Subsections 54(2) and (3) of the Act are replaced by the following: International agreement or arrangement (2) Subject to subsection (3), where a federal authority or the Government of Canada on behalf of a federal authority enters into an agreement or arrangement with any government or any person, organization or institution, whether or not part of or affiliated with a government, under which a federal authority exercises a power or performs a duty or function referred to in paragraph 5(1)(b) or 10.1(2)(b) in relation to projects the essential details of which are not specified and that are to be carried out both outside Canada and outside federal lands, the Government of Canada or the federal authority shall ensure, in so far as is practicable and subject to any other such agreement to which the Government of Canada or federal authority is a party, that the agreement or arrangement provides for the assessment of the environmental effects of those projects and that the assessment will be carried out as early as practicable in the planning stages of those projects, before irrevocable decisions are made, in accordance with (a) this Act and the regulations; or �� C. 9 Environmenta (b) a process for the assessment of the environmental effects of projects that is consistent with the requirements of this Act and is in effect in the foreign state where the projects are to be carried out. Exception (3) For greater certainty, if a federal authority will be required to exercise a power or perform a duty or function referred to in paragraph 5(1)(b) or 10.1(2)(b) — in relation to a project in respect of which an agreement or arrangement referred to in subsection (1) or (2) applies — after the essential details of the project are specified (a) subsection (1) or (2), as the case may be, does not apply in respect of the agreement or arrangement; and (b) section 5 or 10.1, as the case may be, applies. 1993, c. 34, s. 38(F) 25. Section 55 of the Act and the heading before it are replaced by the following: CANADIAN ENVIRONMENTAL ASSESSMENT REGISTRY Establishment of Registry Canadian Environmental Assessment Registry 55. (1) For the purpose of facilitating public access to records relating to environmental assessments and providing notice in a timely manner of the assessments, there shall be a registry called the Canadian Environmental Assessment Registry, consisting of an Internet site and project files. Right of access (2) The Registry shall be operated in a manner to ensure convenient public access to it. This right of access to the Registry is in addition to any right of access provided under any other Act of Parliament. Copy (3) For the purpose of facilitating public access to records included in the Registry, in the case of a screening or comprehensive study, the federal environmental assessment coordinator and, in any other case, the Agency shall ensure that a copy of any such record is provided in a timely manner on request. 2002-2003 Évaluation envi Internet Site Establishment and maintenance 55.1 (1) The Agency shall, in accordance with this Act and the regulations, establish and maintain an Internet site to be generally accessible through what is commonly referred to as the Internet. Contents (2) Subject to subsection 55.5(1), the Internet site shall include (a) within 14 days after the commencement of an environmental assessment, notice of its commencement, except where a class screening report is used under subsection 19(5) or (6); (b) an agreement contemplated by subsection 12.4(3); (c) a description of the scope of the project in relation to which an environmental assessment is to be conducted, as determined under section 15; (d) a statement of the projects in respect of which a class screening report is used under subsection 19(5) or (6); (e) any declaration referred to in subsection 19(4) and the report to which it relates or a description of how a copy of the report may be obtained, and any declaration referred to in subsection 19(9); (f) notice of termination of an environmental assessment by a responsible authority under section 26; (g) notice of termination of an environmental assessment by the Minister under section 27; (h) any public notices that are issued by responsible authorities or the Agency to request public input into an environmental assessment; (i) notice of a decision of the Minister to refer a project under paragraph 21.1(1)(a); (j) where the responsible authority, in accordance with subsection 18(3), gives the public an opportunity to participate in the screening of a project or where the Minister, under paragraph 21.1(1)(a), refers a project to the responsible authority to continue a comprehensive study, a description of the �� C. 9 Environmenta factors to be taken into consideration in the environmental assessment and of the scope of those factors or an indication of how such a description may be obtained; (k) the screening or comprehensive study report taken into consideration by a responsible authority for the purpose of a decision under section 20 or 37 or a description of how a copy of the report may be obtained, except where a class screening report is used under subsection 19(5) or (6); (l) an environmental assessment decision statement under subsection 23(1) and any request made under subsection 23(2); (m) notice of the referral of a project to a mediator or review panel; (n) the terms of reference of a mediation or a review panel; (o) if the Minister has ordered the conclusion of a mediation under subsection 29(4), notice of the order; (p) a report of a mediator or review panel or a summary of the report; (q) a response under paragraph 37(1.1)(a) to the report of a mediator or review panel; (r) except where a class screening report is used under subsection 19(5) or (6), the decision of a responsible authority, made under section 20 or 37 concerning the environmental effects of the project, and a statement of any mitigation measures the implementation of which the responsible authority took into account in making its decision; (s) a notice stating whether or not, pursuant to subsection 38(1), a follow-up program for the project is considered appropriate; (t) a description summarizing any followup program and its results or an indication of how a full description of the program and its results may be obtained; (u) any other information that the responsible authority or the Agency, as the case may be, considers appropriate, including information in the form of a list of relevant documents in which case a description of 2002-2003 Évaluation envi how they may be obtained shall be provided; and (v) any other record or information prescribed under paragraph 59(h.1). Form and manner of Internet site (3) The Agency shall determine and notify the public (a) what the form of the Internet site is to be and how it is to be kept; (b) how records and information are to be included in it; (c) what information must be contained in any record referred to in subsection (2); (d) what records and information are to be included in the Internet site, in addition to any record referred to in subsection (2); (e) when information must be included in the Internet site; (f) when information may be removed from the Internet site; and (g) how access to the Internet site is to be provided. Duty to contribute records — Agency 55.2 (1) The Agency shall ensure that the records referred to in paragraphs 55.1(2)(b), (e), (i) and (l) are included in the Internet site. In the case of mediation or review panel (2) The Agency shall, in the case of a mediation or an assessment by a review panel, ensure that the records referred to in paragraphs 55.1(2)(c), (g), (h), (m), (n), (o), (p), (q) and (u) and any record or information referred to in paragraph 55.1(2)(v) are included in the Internet site. Duty to contribute records — responsible authorities 55.3 (1) A responsible authority shall ensure that the records referred to in paragraphs 55.1(2)(a), (f), (j), (k), (r), (s) and (t) and, in the case of a screening or a comprehensive study, the records referred to in paragraphs 55.1(2)(c), (h) and (u) and any record or information referred to in paragraph 55.1(2)(v), are included in the Internet site. �� C. 9 Environmenta Statement — paragraph 55.1(2)(d) (2) A responsible authority shall ensure that the statement referred to in paragraph 55.1(2)(d) is included in the Internet site every three months or with any other greater frequency to which it agrees with the Agency. Time for inclusion of report (3) A screening report referred to in paragraph 55.1(2)(k) or a description of how a copy of it may be obtained shall be included in the Internet site not later than the decision referred to in paragraph 55.1(2)(r) that is based on the report, unless otherwise authorized by the Agency. Project Files Establishment and maintenance 55.4 (1) In respect of every project for which an environmental assessment is conducted, a project file shall be established and maintained, in accordance with this Act and the regulations, (a) by the responsible authority from the commencement of the environmental assessment until any follow-up program in respect of the project is completed; and (b) where the project is referred to a mediator or a review panel, by the Agency from the appointment of the mediator or the members of the review panel until the report of the mediator or review panel is submitted to the Minister. Contents of project file (2) Subject to subsection 55.5(1), a project file shall contain all records produced, collected or submitted with respect to the environmental assessment of the project, including (a) all records included in the Internet site; (b) any report relating to the assessment; (c) any comments filed by the public in relation to the assessment; (d) any records relating to the need for, design of or implementation of any followup program; and (e) any documents requiring mitigation measures to be implemented. 2002-2003 Évaluation envi General Categories of information that may be made publicly available 55.5 (1) The Registry shall contain a record, part of a record or information only if (a) it has otherwise been made publicly available; or (b) the responsible authority, in the case of a record under its control, or the Minister, in the case of a record under the Agency’s control, (i) determines that it would have been disclosed to the public in accordance with the Access to Information Act if a request had been made in respect of that record under that Act at the time the record came under the control of the responsible authority or the Agency, including any record that would be disclosed in the public interest pursuant to subsection 20(6) of that Act, or (ii) believes on reasonable grounds that it would be in the public interest to disclose it because it is required for the public to participate effectively in the environmental assessment — other than any record the disclosure of which would be prohibited under section 20 of the Access to Information Act. Applicability of sections 27, 28 and 44 of Access to Information Act to third party information (2) Sections 27, 28 and 44 of the Access to Information Act apply to any information described in subsection 27(1) of that Act that the Agency or a responsible authority intends be included in the Registry with any modifications that the circumstances require, including the following: (a) the information is deemed to be a record that the head of a government institution intends to disclose; and (b) any reference to the person who requested access shall be disregarded. �� C. 9 Environmenta Deemed application (3) This section applies with respect to a responsible authority that is a parent Crown corporation but is not a government institution within the meaning of the Access to Information Act as if it were such a government institution. Protection from civil proceeding or prosecution 55.6 Notwithstanding any other Act of Parliament, no civil or criminal proceedings lie against a responsible authority, the Agency or the Minister, or against any person acting on behalf of them or under their direction, or against a director or officer of a Crown corporation to which this Act applies and no proceedings lie against the Crown, the Agency or any responsible authority, for the disclosure in good faith of any record or any part of a record pursuant to this Act or for any consequences that flow from that disclosure or for the failure to give any notice required under section 27 or 28 of the Access to Information Act if reasonable care is taken to give the required notice. 26. The heading before section 56 of the Act is replaced by the following: RELEVANT INFORMATION 27. The Act is amended by adding the following after section 56: Information required in support of quality assurance program 56.1 Federal authorities and persons and bodies referred to in sections 8 to 10 shall, if requested to do so by the Agency, provide the Agency with any information respecting the assessments whose conduct they ensure under this Act that the Agency considers necessary in support of a quality assurance program that it establishes. 28. (1) Subsection 58(1) of the Act is amended by striking out the word ‘‘and’’ at the end of paragraph (g), by adding the word ‘‘and’’ at the end of paragraph (h) and by adding the following after paragraph (h): (i) make regulations prescribing any project or class of projects for which a comprehensive study is required where the Minister is satisfied that the project or any project 2002-2003 Évaluation envi within that class is likely to have significant adverse environmental effects. 1994, c. 46, s. 4(2) (2) Subsection 58(1.1) of the Act is replaced by the following: Participant funding (1.1) For the purposes of this Act, the Minister shall establish a participant funding program to facilitate the participation of the public in comprehensive studies, mediations and assessments by review panels established under either subsection 33(1) or 40(2). 29. (1) Section 59 of the Act is amended by adding the following after paragraph (a): (a.1) respecting the duties and functions of the federal environmental assessment coordinator, and respecting the selection or designation of the coordinator; 1993, c. 34, s. 40(1)(F) (2) Paragraph 59(c) of the Act is replaced by the following: (c) exempting any projects or classes of projects from the requirement to conduct an assessment under this Act that (i) in the opinion of the Governor in Council, ought not to be assessed for reasons of national security, (ii) in the case of projects in relation to physical works, in the opinion of the Governor in Council, have insignificant environmental effects, or (iii) have a total cost below a prescribed amount and meet prescribed environmental conditions; (c.1) exempting, in replacement of exemptions made under paragraph (c), in relation to any Crown corporation to which this Act applies or in relation to the Canadian International Development Agency, any projects or classes of projects to be carried out outside Canada and any federal lands from the requirement to conduct an environmental assessment under this Act that (i) in the opinion of the Governor in Council, ought not to be assessed for reasons of national security, (ii) in the case of projects in relation to a physical work, in the opinion of the Governor in Council, have insignificant environmental effects, or �� C. 9 Environmenta (iii) have a total cost below a prescribed amount and meet prescribed environmental conditions; (2.1) Paragraph 59(d) of the Act is repealed. (2.2) Paragraph 59(f) of the Act is replaced by the following: (f) prescribing, for the purposes of paragraph 5(1)(d), the provisions of any Act of Parliament or any instrument made under an Act of Parliament; (3) Paragraph 59(h) of the Act is replaced by the following: (h) respecting the dissemination by responsible authorities of information relating to projects and the environmental assessment of projects and the establishment, maintenance and operation of project files referred to in section 55.4, including facilities to enable the public to examine physical or electronic records contained in the files, the time and manner in which those records may be examined or copied by the public and the transfer and retention of those records after the completion of any followup program; (h.1) prescribing records or information to be included in the Internet site by the Agency or a responsible authority; (h.2) respecting the charging of fees for providing copies of documents contained in the Registry; (h.3) for the purposes of subsection 38(1) or (2) or 53(1), prescribing the manner of designing a follow-up program; (3.1) Subparagraph 59(i)(ii) of the Act is replaced by the following: (ii) projects to be carried out outside Canada and either outside of federal lands or on federal lands described in paragraph (a) of the definition ‘‘federal lands’’ in subsection 2(1), 2002-2003 1993, c. 34, s. 40(2)(F); 1998, c. 10, s. 166 Évaluation envi (4) Paragraphs 59(j) to (l) of the Act are replaced by the following: (i.1) prescribing, in the case of projects that are to be carried out outside Canada and any federal lands and that are subject to an environmental assessment whose conduct a Crown corporation to which this Act applies must ensure, in prescribed circumstances or on any prescribed terms and conditions, (i) federal authorities that, notwithstanding subsection 5(1), are not required to conduct environmental assessments of those projects, and (ii) federal authorities for whom the requirements under this Act in respect of those projects, other than those set out in subsections 20(1) and 37(1), are deemed to be satisfied by the environmental assessment of those projects whose conduct the Crown corporation ensures; (i.2) for the purposes of subparagraph (i.1)(ii), varying subsection 20(1) or 37(1) in its application to federal authorities prescribed under that subparagraph in the case of projects that are to be carried out outside Canada and outside any federal lands; (j) for the purposes of section 8, designating Crown corporations that are not federal authorities individually or by class and respecting the manner in which those corporations or classes of corporations conduct environmental assessments of, and follow-up programs for, projects, as well as any action to be taken in respect of projects during the assessment process, which manners and actions may vary by corporation or class of corporation; (j.1) for the purposes of section 8, respecting the application to a Crown corporation that is designated, or is a member of a class that is designated, under a regulation made under paragraph (j) of the laws from time to time in force in any province; (j.2) varying or excluding any procedure or requirement of this Act or the regulations as �� C. 9 Environmenta it applies to Crown corporations that are federal authorities, individually or by class; (j.3) for projects to be carried out outside Canada and any federal lands, prescribing, in relation to Crown corporations to which this Act applies, any physical activity or class of physical activities in replacement of those prescribed under paragraph (b); (k) for the purposes of section 9, respecting the manner of conducting environmental assessments of, and follow-up programs for, projects, as well as any action to be taken in respect of projects during the assessment process and, for those purposes, respecting the application of the laws from time to time in force in any province; (k.1) prescribing the provisions of any Act of Parliament or any regulation made pursuant to an Act of Parliament that confer powers, duties or functions on a person or body referred to in subsection 9(1), the exercise or performance of which requires an environmental assessment under paragraph 9(2)(d); (k.2) prescribing the circumstances in which an environmental assessment of a project to be carried out in whole or in part on federal lands must be conducted under paragraph 9(2)(e); (k.3) for the purpose of section 9.1, prescribing by class authorities other than federal authorities and respecting the manner in which those classes of authorities shall conduct environmental assessments of, and follow-up programs for, projects, as well as any action to be taken in respect of projects during the assessment process — which manners and actions may vary by class of authority — and, for those purposes, respecting the application of the laws from time to time in force in any province; (k.4) prescribing the provisions of any Act of Parliament or any regulation made pursuant to an Act of Parliament that confer powers, duties or functions on an authority prescribed in regulations made under paragraph (k.3), the exercise or performance of 2002-2003 Évaluation envi which requires an environmental assessment under paragraph 9.1(2)(d); (k.5) for the purposes of paragraph 9.1(2)(e), prescribing the circumstances in which an environmental assessment of a project to be carried out in whole or in part on federal lands must be conducted, and specifying the right or interest that the authority prescribed in regulations made under paragraph (k.3) must have in the federal lands; (l) for the purposes of section 10, designating bands individually or by category and respecting the manner of conducting environmental assessments of, and follow-up programs for, projects that are to be carried out in whole or in part on a reserve that is set apart for the use and benefit of a designated band and that is subject to the Indian Act, as well as any action to be taken in respect of projects during the assessment process, which manners and actions may vary by band or category of band; (l.001) prescribing, for the purposes of paragraph 10(1)(c), provisions of any Act of Parliament or any instrument made under an Act of Parliament that confer powers, duties or functions on a band council; (l.01) for the purposes of section 10.1, (i) varying the definition ‘‘project’’ in subsection 2(1), (ii) respecting the manner of conducting environmental assessments of, and follow-up programs for, projects for which the Canadian International Development Agency exercises a power or performs a duty or function referred to in subsection 10.1(2) and respecting any action to be taken in respect of those projects during the assessment process, (iii) providing that, in the case of a project in respect of which an agreement or arrangement entered into by the Canadian International Development Agency in accordance with subsection 54(2) applies, no environmental assessment need be carried out by that agency, �� C. 9 Environmenta (iv) varying or excluding any of the provisions of section 54 in their application to the Canadian International Development Agency, or (v) providing for the application of section 55.6 to the Canadian International Development Agency as if it were a responsible authority; (l.02) varying or excluding any of the provisions of sections 55 to 55.5 in their application to the Canadian International Development Agency; (l.03) prescribing, for the purposes of subsection 18(3), circumstances in which a responsible authority shall give the public an opportunity to participate in the screening; 30. Section 62 of the Act is amended by striking out the word ‘‘and’’ at the end of paragraph (d) and by replacing paragraph (e) with the following: (e) to promote, monitor and facilitate compliance with this Act and the regulations; (f) to promote and monitor the quality of assessments conducted under this Act; (g) to ensure an opportunity for timely public participation in the environmental assessment process; and (h) to engage in consultation with aboriginal peoples on policy issues related to this Act. 31. (1) Subsection 63(1) of the Act is amended by striking out the word ‘‘and’’ at the end of paragraph (b), by adding the word ‘‘and’’ at the end of paragraph (c) and by adding the following after paragraph (c): (d) establish and lead a quality assurance program for assessments conducted under this Act. (1.1) Subsection 63(2) of the Act is amended by adding the following after paragraph (b): (b.1) coordinate the development of a response to a report required under paragraph 37(1.1)(a); 2002-2003 Évaluation envi (2) Subsection 63(2) of the Act is amended by striking out the word ‘‘and’’ at the end of paragraph (d) and by adding the following after paragraph (e): (f) assist parties in building consensus and resolving disputes; and (g) request federal authorities, and persons and bodies referred to in sections 8 to 10, to provide information respecting assessments that they conduct under this Act. REVIEW AND REPORT Review 32. (1) Within seven years after this Act receives royal assent, a comprehensive review of the provisions and operation of the Canadian Environmental Assessment Act shall be undertaken by such committee of the Senate, of the House of Commons or of both Houses of Parliament as may be designated or established by the Senate or the House of Commons, or by both Houses of Parliament, as the case may be, for that purpose. Report (2) The committee referred to in subsection (1) shall, within a year after a review is undertaken pursuant to that subsection or within such further time as may be authorized by the Senate, the House of Commons or both Houses of Parliament, as the case may be, submit a report on the review to Parliament, including a statement of any changes that the committee recommends. TRANSITIONAL PROVISION Non-application of amended provisions to assessments already commenced 33. Any environmental assessment or assessment of the environmental effects of a project commenced under the Canadian Environmental Assessment Act before this section comes into force shall be continued and completed as if this Act had not been enacted. COMING INTO FORCE Coming into force 34. The provisions of this Act, other than section 32, come into force on a day or days to be fixed by order of the Governor in Council. Published under authority of the Speaker of the House of Commons Available from: ������������� ����������������� ���������� ���������� Ottawa, Canada K1A 0S9 ��������� ����� ������������� ����������������� ���������� ����������� ������� ������ ��� ���

Second Session, Thirty-seventh Parliament, 51-52 Elizabeth II, 2002-2003 STATUTES OF CANADA 2003 CHAPTER 8 An Act to amend the Criminal Code (firearms) and the Firearms Act BILL C-10A ASSENTED TO 13 MAY, 2003 RECOMMENDATION Her Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled ‘‘An Act to amend the Criminal Code (cruelty to animals and firearms) and the Firearms Act’’. SUMMARY This enactment amends the Criminal Code and the Firearms Act in order to simplify compliance with the firearms program, to modernize administrative procedures and to meet Canada’s emerging international obligations by (a) in Part III of the Criminal Code, (i) modernizing the description of firearms that are deemed not to be firearms for the purpose of the Firearms Act and certain provisions of the Criminal Code, (ii) providing that there is no forfeiture of goods that are the subject of a prohibition order made under section 515 of the Criminal Code, and (iii) providing that an authorization, licence or registration certificate for firearms be revoked or amended only for the period that a prohibition order made under that section is in force; and (b) in the Firearms Act, (i) eliminating the requirement that the renewal of licences and authorizations be dealt with in the same manner as for their first issuance, (ii) permitting applications for and issuance of licences, registration certificates and authorizations to be made by electronic means, (iii) establishing a pre-approval process for the importation of firearms by non-residents by giving the Registrar of Firearms statutory authority to carry out eligibility checks, (iv) authorizing the making of regulations respecting the importation and exportation of firearms and parts and components designed for use in the manufacture or assembly of firearms, (v) expanding the grandfathered class for certain prohibited firearms, (vi) modifying the employee licensing requirements, (vii) authorizing the Governor in Council to appoint a Commissioner of Firearms, and (viii) providing for the appointment or deployment of the Registrar of Firearms under the Public Service Employment Act. ��� ������������� ������������ ��� ��������� �� ��� ������������� �������� ������������� �� ��� ��������� �������� ��������������������� 51-52 ELIZABETH II CHAPTER 8 An Act to amend the Criminal Code (firearms) and the Firearms Act [Assented to 13th May, 2003] Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: SHORT TITLE Short title R.S., c. C-46 1. This Act may be cited as An Act to amend the Criminal Code (firearms) and the Firearms Act. CRIMINAL CODE 2. (1) Subsection 84(1) of the Criminal Code is amended by adding the following in alphabetical order: ‘‘Commissioner of Firearms’’ « commissaire aux armes à feu » ‘‘Commissioner of Firearms’’ means the Commissioner of Firearms appointed under section 81.1 of the Firearms Act; 1995, c. 39, s. 139 (2) Subparagraphs 84(3)(d)(i) and (ii) of the Act are replaced by the following: (i) a shot, bullet or other projectile at a muzzle velocity exceeding 152.4 m per second or at a muzzle energy exceeding 5.7 Joules, or (ii) a shot, bullet or other projectile that is designed or adapted to attain a velocity exceeding 152.4 m per second or an energy exceeding 5.7 Joules. 1995, c. 39, s. 139 3. Paragraph 85(1)(a) of the Act is replaced by the following: (a) while committing an indictable offence, other than an offence under section 220 (criminal negligence causing death), 236 (manslaughter), 239 (attempted murder), 244 (causing bodily harm with in� C. 8 Criminal Code (firea tent — firearm), 272 (sexual assault with a weapon) or 273 (aggravated sexual assault), subsection 279(1) (kidnapping) or section 279.1 (hostage-taking), 344 (robbery) or 346 (extortion), 1996, c. 19, s. 65.1 4. Paragraph 109(1)(c) of the Act is replaced by the following: (c) an offence relating to the contravention of subsection 5(1) or (2), 6(1) or (2) or 7(1) of the Controlled Drugs and Substances Act, or 5. Section 115 of the Act is amended by adding the following after subsection (1): Exception (1.1) Subsection (1) does not apply in respect of an order made under section 515. 1995, c. 39, s. 139 6. Section 116 of the Act is replaced by the following: Authorizations revoked or amended 116. (1) Subject to subsection (2), every authorization, licence and registration certificate relating to any thing the possession of which is prohibited by a prohibition order and issued to a person against whom the prohibition order is made is, on the commencement of the prohibition order, revoked, or amended, as the case may be, to the extent of the prohibitions in the order. Duration of revocation or amendment — orders under section 515 (2) An authorization, a licence and a registration certificate relating to a thing the possession of which is prohibited by an order made under section 515 is revoked, or amended, as the case may be, only in respect of the period during which the order is in force. 1995, c. 39, s. 139 7. Paragraph 117.07(2)(h) of the Act is replaced by the following: (h) the Commissioner of Firearms, the Registrar, a chief firearms officer, any firearms officer and any person designated under section 100 of the Firearms Act. 1996, c. 19, s. 93.3 8. Paragraph 515(4.1)(c) of the Act is replaced by the following: 2002-2003 Code criminel (armes (c) an offence relating to the contravention of subsection 5(1) or (2), 6(1) or (2) or 7(1) of the Controlled Drugs and Substances Act, 1995, c. 39 FIREARMS ACT 9. (1) The definitions ‘‘authorization to export’’, ‘‘authorization to transport’’ and ‘‘carrier’’ in subsection 2(1) of the Firearms Act are replaced by the following: ‘‘authorization to export’’ « autorisation d’exportation » ‘‘authorization to export’’ means an authorization referred to in section 44 and includes a permit to export goods that is issued under the Export and Import Permits Act and that is deemed by regulations made under paragraph 117(a.1) to be an authorization to export; ‘‘authorization to transport’’ « autorisation de transport » ‘‘authorization to transport’’ means an authorization described in section 19; ‘‘carrier’’ « transporteur » ‘‘carrier’’ means a person who carries on a transportation business that includes the transportation of firearms, prohibited weapons, restricted weapons, prohibited devices or prohibited ammunition; � C. 8 Criminal Code (firea (2) Subsection 2(1) of the Act is amended by adding the following in alphabetical order: ‘‘Commissioner’’ « commissaire » ‘‘Commissioner’’ means the Commissioner of Firearms appointed under section 81.1; (3) Section 2 of the Act is amended by adding the following after subsection (2): Deemed references to Registrar (2.1) Sections 5, 9, 54 to 58, 67, 68 and 70 to 72 apply in respect of a carrier as if each reference in those sections to a chief firearms officer were a reference to the Registrar and for the purposes of applying section 6 in respect of a carrier, paragraph 113(3)(b) of the Criminal Code applies as if the reference in that section to a chief firearms officer were a reference to the Registrar. 1996, c. 19, s. 76.1 10. Subparagraph 5(2)(a)(iv) of the Act is replaced by the following: (iv) an offence relating to the contravention of subsection 5(1) or (2), 6(1) or (2) or 7(1) of the Controlled Drugs and Substances Act; 11. The portion of subsection 7(2) of the Act before paragraph (a) is replaced by the following: Restricted firearms safety course (2) An individual is eligible to hold a licence authorizing the individual to possess prohibited firearms or restricted firearms only if the individual 12. Subsection 9(3) of the Act is replaced by the following: Employees — firearms (3) Subject to subsection (3.1), a business other than a carrier is eligible to hold a licence that authorizes the possession of firearms only if every employee of the business who, in the 2002-2003 Employees — firearms Code criminel (armes course of duties of employment, handles or would handle firearms is the holder of a licence authorizing the holder to acquire firearms that are neither prohibited firearms nor restricted firearms. Employees — prohibited firearms or restricted firearms (3.1) A business other than a carrier is eligible to hold a licence that authorizes the possession of prohibited firearms or restricted firearms only if every employee of the business who, in the course of duties of employment, handles or would handle firearms is the holder of a licence authorizing the holder to acquire restricted firearms. Employees — prohibited weapons, restricted weapons, etc. (3.2) A business other than a carrier is eligible to hold a licence that authorizes the possession of prohibited weapons, restricted weapons, prohibited devices or prohibited ammunition only if every employee of the business who, in the course of duties of employment, handles or would handle any of those things is eligible under sections 5 and 6 to hold a licence. 13. Section 10 of the Act is repealed. 2000, c. 12, s. 117 Grandfathered individuals — pre-December 1, 1998 handguns 14. Subsections 12(6) and (7) of the Act are replaced by the following: (6) A particular individual is eligible to hold a licence authorizing that particular individual to possess a handgun referred to in subsection (6.1) if (a) on December 1, 1998 the particular individual (i) held a registration certificate under the former Act for that kind of handgun, or (ii) had applied for a registration certificate that was subsequently issued for that kind of handgun; and (b) beginning on December 1, 1998 the particular individual was continuously the holder of a registration certificate for that kind of handgun. � Grandfathered handguns — pre-December 1, 1998 handguns C. 8 Criminal Code (firea (6.1) Subsection (6) applies in respect of a handgun (a) that has a barrel equal to or less than 105 mm in length or that is designed or adapted to discharge a 25 or 32 calibre cartridge; and (b) in respect of which (i) on December 1, 1998 a registration certificate had been issued to an individual under the former Act, (ii) on December 1, 1998 a registration certificate had been applied for by an individual under the former Act, if the certificate was subsequently issued to the individual, or (iii) a record was sent before December 1, 1998 to the Commissioner of the Royal Canadian Mounted Police and received by that officer before, on or after that date. Next of kin of grandfathered individuals (7) A particular individual is eligible to hold a licence authorizing the particular individual to possess a particular handgun referred to in subsection (6.1) that was manufactured before 1946 if the particular individual is the spouse or common-law partner or a brother, sister, child or grandchild of an individual who was eligible under this subsection or subsection (6) to hold a licence authorizing the individual to possess the particular handgun. 15. Sections 17 and 18 of the Act are replaced by the following: Places where prohibited and restricted firearms may be possessed 17. Subject to sections 19 and 20, a prohibited firearm or restricted firearm, the holder of the registration certificate for which is an individual, may be possessed only at the dwelling-house of the individual, as recorded in the Canadian Firearms Registry, or at a place authorized by a chief firearms officer. 16. (1) The portion of subsection 19(1) of the Act before paragraph (a) is replaced by the following: 2002-2003 Transporting and using prohibited firearms or restricted firearms Code criminel (armes 19. (1) An individual who holds a licence authorizing the individual to possess prohibited firearms or restricted firearms may be authorized to transport a particular prohibited firearm or restricted firearm between two or more specified places for any good and sufficient reason, including, without restricting the generality of the foregoing, (2) Subsection 19(1) of the Act is amended by adding the following after paragraph (a): (a.1) to provide instructions in the use of firearms as part of a restricted firearms safety course that is approved by the federal Minister; (3) Subsection 19(2) of the Act is replaced by the following: Exception for prohibited firearms other than prohibited handguns (2) Notwithstanding subsection (1), an individual may not be authorized to transport a prohibited firearm, other than a handgun referred to in subsection 12(6.1), under that subsection, except for the purposes referred to in paragraph (1)(b). Non-residents (3) A non-resident may be authorized to transport a particular restricted firearm between specified places in accordance with sections 35 and 35.1. 17. Section 23 of the Act is replaced by the following: Authorization to transfer firearms 23. (1) A person may transfer a firearm if, at the time of the transfer, (a) the transferee holds a licence authorizing the transferee to acquire and possess that kind of firearm; (b) the person has no reason to believe that the transferee is not authorized to acquire and possess that kind of firearm; (c) the person informs the Registrar of the transfer; (d) if the person is an individual and the firearm is a prohibited firearm or a restricted firearm, the individual informs a chief firearms officer of the transfer and obtains the authorization of the chief firearms officer for the transfer; � C. 8 Criminal Code (firea (e) a new registration certificate for the firearm is issued in accordance with this Act; and (f) the prescribed conditions are complied with. Notice (2) If, after being informed of a proposed transfer of a firearm, the Registrar decides to refuse to issue a registration certificate for the firearm, the Registrar shall inform a chief firearms officer of that decision. 18. Paragraphs 24(2)(b) and (c) of the Act are replaced by the following: (c) the person has no reason to believe that the business is not authorized to acquire and possess prohibited weapons, prohibited devices, ammunition or prohibited ammunition, as the case may be; and Authorization to transfer firearms to the Crown, etc. Authorization to transfer prohibited weapons, etc., to the Crown, etc. Chief firearms officer 19. Section 26 of the Act is replaced by the following: 26. (1) A person may transfer a firearm to Her Majesty in right of Canada or a province, to a police force or to a municipality if the person informs the Registrar of the transfer and complies with the prescribed conditions. (2) A person may transfer a prohibited weapon, restricted weapon, prohibited device, ammunition or prohibited ammunition to Her Majesty in right of Canada or a province, to a police force or to a municipality if the person informs a chief firearms officer of the transfer and complies with the prescribed conditions. 20. (1) The portion of section 27 of the Act before paragraph (a) is replaced by the following: 27. On being informed of a proposed transfer of a prohibited firearm or restricted firearm under section 23, a chief firearms officer shall (2) Paragraphs 27(b) and (c) of the Act are replaced by the following: (b) in the case of a proposed transfer of a restricted firearm or a handgun referred to in subsection 12(6.1) (pre-December 1, 1998 handguns), verify the purpose for which the transferee or individual wishes to 2002-2003 Code criminel (armes acquire the restricted firearm or handgun and determine whether the particular restricted firearm or handgun is appropriate for that purpose; (c) decide whether to approve the transfer and inform the Registrar of that decision; and 21. The portion of section 28 of the Act before paragraph (a) is replaced by the following: Permitted purposes 28. A chief firearms officer may approve the transfer to an individual of a restricted firearm or a handgun referred to in subsection 12(6.1) (pre-December 1, 1998 handguns) only if the chief firearms officer is satisfied 22. Subsection 29(7) of the French version of the Act is replaced by the following: Non-communication des renseignements (7) Le ministre provincial n’est pas tenu de communiquer des renseignements qui, à son avis, pourraient menacer la sécurité d’une personne. 23. Subsection 31(2) of the Act is replaced by the following: Transfers of firearms to the Crown, etc. (2) On being informed of a transfer of a firearm to Her Majesty in right of Canada or a province, to a police force or to a municipality, the Registrar shall revoke any registration certificate for the firearm. 24. Section 32 of the Act is amended by adding the word ‘‘and’’ at the end of paragraph (a) and by repealing paragraph (b). 25. The portion of section 34 of the Act before paragraph (a) is replaced by the following: Authorization to lend firearms, etc., to the Crown, etc. 34. A person may lend a firearm, prohibited weapon, restricted weapon, prohibited device, ammunition or prohibited ammunition to Her Majesty in right of Canada or a province, to a police force or to a municipality if �� C. 8 Criminal Code (firea 26. (1) Paragraphs 35(1)(a) and (b) of the Act are replaced by the following: (a) the non-resident is eighteen years old or older; (b) the non-resident declares the firearm to a customs officer in the prescribed manner and (i) produces a report in respect of the non-resident that the non-resident has applied for and obtained before the importation from the Registrar after having provided the Registrar with the prescribed information in relation to the non-resident and the firearm proposed to be imported, (ii) completes the prescribed form containing the prescribed information, or (iii) satisfies the customs officer that the person has previously declared the firearm to a customs officer, that the declaration was confirmed by a customs officer and that the period provided for by subsection 36(1) in respect of that confirmed declaration has not expired; (c) in the case of a restricted firearm, the non-resident holds an authorization to transport the restricted firearm; and (d) a customs officer confirms the declaration referred to in paragraph (b) and the authorization to transport referred to in paragraph (c) in accordance with the regulations. (2) Subsections 35(2) and (3) of the Act are replaced by the following: Non-compliance (2) If a firearm is declared at a customs office to a customs officer but the requirements of subsection (1) are not complied with, the customs officer may authorize the firearm to be exported from that customs office or may detain the firearm and give the non-resident a reasonable time specified by the customs officer to comply with paragraphs (1)(a) to (c). If the non-resident does not comply with them in the specified time, the detained firearm shall be disposed of in the prescribed manner. 27. The Act is amended by adding the following after section 35: 2002-2003 Authorization for non-residents who hold a licence to import firearms Code criminel (armes 35.1 (1) A non-resident who holds a licence may import a firearm that is not a prohibited firearm if, at the time of importation, (a) the individual declares the firearm to a customs officer in the prescribed manner; (b) the individual produces a licence authorizing him or her to acquire and possess that kind of firearm and satisfies the customs officer that the individual holds a registration certificate for the firearm; (c) in the case of a restricted firearm, the individual holds an authorization to transport the restricted firearm; and (d) a customs officer is satisfied that the conditions referred to in paragraphs (a) to (c) have been met. Authorization for non-residents who hold a licence to import firearms (2) A non-resident who holds a licence may import a firearm that is not a prohibited firearm and for which a registration certificate has not been issued if, at the time of importation, (a) the individual declares the firearm to a customs officer in the prescribed manner and completes the prescribed form containing the prescribed information; (b) the individual produces a licence authorizing him or her to acquire and possess that kind of firearm; (c) in the case of a restricted firearm, the individual holds an authorization to transport the restricted firearm; and (d) a customs officer is satisfied that the conditions referred to in paragraphs (a) to (c) have been met and confirms, in accordance with the regulations, the declaration referred to in paragraph (a). Non-compliance (3) If a firearm is declared at a customs office to a customs officer but the requirements of subsection (1) or (2), as the case may be, are not complied with, the customs officer may authorize the firearm to be exported from that customs office or may detain the firearm and give the non-resident a reasonable time �� C. 8 Criminal Code (firea specified by the customs officer to comply with paragraphs (1)(a) to (c) or (2)(a) to (c), as the case may be. If the non-resident does not comply with them in the specified time, the detained firearm shall be disposed of in the prescribed manner. Temporary registration certificate (4) A declaration that is confirmed in accordance with paragraph (2)(d) has the same effect as a registration certificate for the firearm for the period for which the confirmation is expressed to be effective. 28. Subsections 36(1) and (2) of the Act are replaced by the following: Temporary licence and registration certificate 36. (1) A declaration that is confirmed under paragraph 35(1)(d) has the same effect after the importation of the firearm as a licence authorizing the non-resident to possess that kind of firearm, and as a registration certificate for the firearm, for a period of (a) in the case of a declaration where a report referred to in subparagraph 35(1)(b)(i) was produced, one year after the importation; or (b) in the case of any other declaration, 60 days after the importation. Non-application of subsection (1) (1.1) A chief firearms officer or the Registrar may declare that subsection (1) ceases to apply in respect of a particular non-resident or a particular firearm if the chief firearms officer or the Registrar, as the case may be, is of the opinion that there is any good and sufficient reason for that subsection not to apply. Provisions apply (1.2) If a declaration is made under subsection (1.1), section 72 applies with any modifications that the circumstances require as though the declaration were a revocation. Extension (2) A chief firearms officer may extend the period referred to in paragraph (1)(b) for a period of 60 days. Only one extension may be granted under this subsection. 29. Sections 37 and 38 of the Act are replaced by the following: Authorization for non-residents to export firearms 37. (1) A non-resident may export a firearm that the non-resident has imported in accordance with section 35 or 35.1 if, at the time of the exportation, the non-resident 2002-2003 Code criminel (armes (a) holds, in the case of a restricted firearm, an authorization to transport the firearm; and (b) has complied with the regulations relating to the exportation of firearms. Non-compliance (2) If, at the time of the exportation, the non-resident has not complied with subsection (1), a customs officer may detain the firearm and, with the approval of the Registrar, give the individual a reasonable time specified by the customs officer to comply with that subsection. If the individual does not comply with subsection (1) in the specified time, the detained firearm shall be disposed of in the prescribed manner. Authorization for individuals to export firearms 38. (1) An individual may export a firearm if, at the time of the exportation, the individual (a) holds a licence to possess that kind of firearm and a registration certificate for the firearm and, in the case of a prohibited firearm or a restricted firearm, an authorization to transport the firearm; and (b) has complied with the regulations relating to the exportation of firearms. Non-compliance (2) If, at the time of the exportation, the individual has not complied with subsection (1), a customs officer may detain the firearm and, with the approval of the Registrar, give the individual a reasonable time specified by the customs officer to comply with that subsection. If the individual does not comply with subsection (1) in the specified time, the detained firearm shall be disposed of in the prescribed manner. 30. Subsections 40(1) to (3) of the Act are replaced by the following: Authorization for individuals who hold a licence to import firearms 40. (1) An individual who holds a licence may import a firearm that was exported in accordance with section 38 if, at the time of importation, (a) the individual declares the firearm to a customs officer in the prescribed manner; �� C. 8 Criminal Code (firea (b) the individual produces a licence authorizing him or her to possess that kind of firearm and satisfies the customs officer that the individual holds a registration certificate for the firearm; (c) in the case of a prohibited firearm or restricted firearm, the individual holds an authorization to transport the prohibited firearm or restricted firearm; and (d) a customs officer is satisfied that the conditions referred to in paragraphs (a) to (c) have been met. Authorization for individuals who hold a licence to import firearms (2) An individual who holds a licence may import a firearm that is not a prohibited firearm and for which a registration certificate has not been issued if, at the time of importation, (a) the individual produces a licence authorizing him or her to acquire and possess that kind of firearm; (b) the individual declares the firearm to a customs officer in the prescribed manner and produces an authorization to import issued under section 60 in respect of the firearm; (c) in the case of a restricted firearm, the individual holds an authorization to transport the restricted firearm; (d) a customs officer informs the Registrar of the importation and the Registrar approves the importation in accordance with section 40.1; and (e) a customs officer is satisfied that the conditions referred to in paragraphs (a) to (d) have been met and confirms, in accordance with the regulations, the authorization referred to in paragraph (b). Non-compliance (3) If a firearm is declared at a customs office to a customs officer but the requirements of subsection (1) or (2), as the case may be, are not complied with, the customs officer may authorize the firearm to be exported from that customs office or may detain the firearm and give the individual a reasonable time specified by the customs officer to comply 2002-2003 Code criminel (armes with paragraphs (1)(a) to (c) or (2)(a) to (c), as the case may be. If the individual does not comply with them in the specified time, the detained firearm shall be disposed of in the prescribed manner. 31. Section 41 of the Act is replaced by the following: Function of Registrar on proposed importation 40.1 On being informed under subsection 40(2) of a proposed importation by an individual of a firearm that is not a prohibited firearm and for which a registration certificate has not been issued, the Registrar shall (a) verify whether the individual holds a licence to acquire and possess that kind of firearm; (b) in the case of a restricted firearm, verify the purpose for which the individual wishes to acquire it and determine whether it is appropriate for that purpose; (c) decide whether to approve the importation; and (d) take the prescribed measures. Permitted purposes 40.2 The Registrar may approve the importation of a restricted firearm by an individual only if the Registrar is satisfied (a) that the individual needs the restricted firearm (i) to protect the life of that individual or of other individuals, or (ii) for use in connection with his or her lawful profession or occupation; or (b) that the purpose for which the individual wishes to acquire the restricted firearm is (i) for use in target practice, or a target shooting competition, under conditions specified in an authorization to transport or under the auspices of a shooting club or shooting range that is approved under section 29, or (ii) to form part of a gun collection of the individual, in the case of an individual who satisfies the criteria described in section 30. �� Temporary registration certificate C. 8 Criminal Code (firea 41. An authorization that is confirmed in accordance with paragraph 40(2)(e) has the same effect as a registration certificate for the firearm until a registration certificate is issued for the firearm. 32. The Act is amended by adding the following after section 42: Notification by Registrar 42.1 The Registrar shall inform the Canada Customs and Revenue Agency without delay of every report made by the Registrar in respect of applications referred to in subparagraph 35(1)(b)(i). 33. Subsection 47(4) of the Act is replaced by the following: Disposal (4) Goods that are not exported under subsection (3) within 90 days are forfeited to Her Majesty in right of Canada and shall be disposed of in the prescribed manner. 34. Section 49 of the Act is renumbered as subsection 49(1) and is amended by adding the following: Exception (2) Subsection (1) does not apply in respect of the exportation of goods authorized by a permit issued under the Export and Import Permits Act that is deemed by regulations made under paragraph 117(a.1) to be an authorization to export. 35. Sections 50 and 51 of the Act are replaced by the following: Notification of Registrar 50. A customs officer shall inform the Registrar without delay of the exportation or importation by a business of any firearms and any prescribed prohibited weapons, restricted weapons, prohibited devices, ammunition, prohibited ammunition and components and parts designed exclusively for use in the manufacture of or assembly into firearms. Notification by Minister responsible for the Export and Import Permits Act 51. The member of the Queen’s Privy Council for Canada who is designated by the Governor in Council as the Minister for the purposes of the Export and Import Permits Act shall inform the Registrar of every application under that Act for a permit to export in relation to a firearm. 2002-2003 Code criminel (armes 36. Subsection 54(1) of the Act is replaced by the following: Applications 54. (1) A licence, registration certificate or authorization may be issued only on application made in the prescribed form — which form may be in writing or electronic — or in the prescribed manner. The application must set out the prescribed information and be accompanied by payment of the prescribed fees. 37. The Act is amended by adding the following after section 55: Further information 55.1 (1) The Registrar may require a non-resident who applies for a report referred to in subparagraph 35(1)(b)(i) to submit any information, in addition to that included in the application, that may reasonably be regarded as relevant for the purpose of preparing the report. Investigation (2) Without restricting the scope of the inquiries that may be made with respect to an application for the report, the Registrar may conduct any investigation of the applicant that the Registrar considers necessary. 38. Subsections 61(1) and (2) of the Act are replaced by the following: Form 61. (1) A licence or registration certificate must be issued in the prescribed form — which form may be in writing or electronic — or in the prescribed manner, and include the prescribed information, including any conditions attached to it. Form of authorizations (2) An authorization to carry, authorization to transport, authorization to export or authorization to import may be issued in the prescribed form — which form may be in writing or electronic — or in the prescribed manner, and include the prescribed information, including any conditions attached to it. 39. Subsections 63(1) and (2) of the Act are replaced by the following: Geographical extent 63. (1) Licences, registration certificates, authorizations to transport, authorizations to export and authorizations to import are valid throughout Canada. �� C. 8 Criminal Code (firea 40. (1) Section 64 of the Act is amended by adding the following after subsection (1): Extension of term (1.1) Despite subsection (1), a chief firearms officer may, until January 1, 2005, with respect to any licence referred to in that subsection that is issued before December 31, 2001, extend the period for which the licence is expressed to be issued by an additional period of up to four years. (2) Subsections 64(3) and (4) of the Act are replaced by the following: Businesses (3) A licence that is issued to a business other than a business referred to in subsection (4) expires on the earlier of (a) three years after the day on which it is issued, and (b) the expiration of the period for which it is expressed to be issued. Businesses that sell only ammunition (4) A licence that is issued to a business that sells ammunition but is not authorized to possess firearms, prohibited weapons, restricted weapons, prohibited devices or prohibited ammunition expires on the earlier of (a) five years after the day on which it is issued, and (b) the expiration of the period for which it is expressed to be issued. Extension of term (5) Despite subsection (3), a chief firearms officer may, until January 1, 2003, extend the period for which a licence referred to in that subsection is expressed to be issued by an additional period of up to two years. Extension of term (6) Despite subsection (4), a chief firearms officer may, until January 1, 2003, extend the period for which a licence referred to in that subsection is expressed to be issued by an additional period of up to four years. Notice to holder (7) The chief firearms officer shall give notice of every extension under this section to the holder of the licence. 41. Subsection 65(3) of the Act is replaced by the following: 2002-2003 Authorizations to transport Code criminel (armes (3) An authorization to transport a prohibited firearm, except for an automatic firearm, or a restricted firearm for use in target practice, or a target shooting competition, under specified conditions or under the auspices of a shooting club or shooting range that is approved under section 29, whether or not the authorization takes the form of a condition attached to the licence of the holder of the authorization, expires on the earlier of (a) the expiration of the period for which the authorization is expressed to be issued, which period may be no more than five years, and (b) the expiration of the licence. 42. Subsections 67(1) and (2) of the Act are replaced by the following: Renewal 67. (1) A chief firearms officer may renew a licence, authorization to carry or authorization to transport in the prescribed manner. Restricted firearms and pre-December 1, 1998 handguns (2) On renewing a licence authorizing an individual to possess restricted firearms or handguns referred to in subsection 12(6.1) (pre-December 1, 1998 handguns), a chief firearms officer shall decide whether any of those firearms or handguns that the individual possesses are being used for a purpose described in section 28. 43. Subsection 70(1) of the English version of the Act before paragraph (a) is replaced by the following: Revocation of licence or authorization 70. (1) A chief firearms officer may revoke a licence, an authorization to carry or an authorization to transport for any good and sufficient reason including, without limiting the generality of the foregoing, 44. Paragraph 71(1)(b) of the Act is replaced by the following: (b) shall revoke a registration certificate for a firearm held by an individual where the Registrar is informed by a chief firearms officer under section 67 that the firearm is not being used for a purpose described in section 28. �� C. 8 Criminal Code (firea 45. Subsection 72(1) of the Act is replaced by the following: Notice of refusal to issue or revocation 72. (1) Subject to subsection (1.1), if a chief firearms officer decides to refuse to issue or to revoke a licence or authorization to transport or the Registrar decides to refuse to issue or to revoke a registration certificate, authorization to export or authorization to import, the chief firearms officer or Registrar shall give notice of the decision in the prescribed form to the applicant for or holder of the licence, registration certificate or authorization. When notice not required (1.1) Notice under subsection (1) need not be given in any of the following circumstances: (a) if the holder has requested that the licence, registration certificate or authorization be revoked; or (b) if the revocation is incidental to the issuance of a new licence, registration certificate or authorization. 46. Section 73 of the Act and the heading before it are repealed. 47. Paragraph 74(1)(b) of the Act is replaced by the following: (b) a chief firearms officer decides under section 67 that a firearm possessed by an individual who holds a licence is not being used for a purpose described in section 28, or 48. The Act is amended by adding the following after section 81: COMMISSIONER OF FIREARMS Appointment 81.1 The Governor in Council may appoint a person to be known as the Commissioner of Firearms to hold office during pleasure. The Commissioner shall be paid such remuneration as the Governor in Council may fix. Duties, functions and powers 81.2 Subject to any direction that the federal Minister may give, the Commissioner may exercise the powers and shall perform the duties and functions relating to the administration of this Act that are delegated to the Commissioner by the federal Minister. 2002-2003 Code criminel (armes Delegation — federal Minister 81.3 The federal Minister may delegate to the Commissioner any duty, function or power conferred on the federal Minister under this Act, except the power to delegate under this section and the power under subsections 97(2) and (3). Incapacity or vacancy 81.4 In the event of the absence or incapacity of, or vacancy in the office of, the Commissioner, the federal Minister may appoint a person to perform the duties and functions and exercise the powers of the Commissioner, but no person may be so appointed for a term of more than 60 days without the approval of the Governor in Council. Superannuation and compensation 81.5 The Commissioner shall be deemed to be a person employed in the Public Service for the purposes of the Public Service Superannuation Act and to be employed in the public service of Canada for the purposes of the Government Employees Compensation Act and any regulations made pursuant to section 9 of the Aeronautics Act. 49. (1) Section 82 of the Act is replaced by the following: Registrar of Firearms 82. An individual to be known as the Registrar of Firearms shall be appointed or deployed in accordance with the Public Service Employment Act. Incapacity or vacancy 82.1 In the event of the absence or incapacity of, or vacancy in the position of, the Registrar, the Commissioner may perform the duties and functions and exercise the powers of the Registrar. Transitional (2) The person occupying the position of Registrar of Firearms on the day on which section 82 of the Act, as enacted by subsection (1) of this Act, comes into force is deemed, as of that day, to be appointed as Registrar of Firearms under the Public Service Employment Act and continues to occupy that position until another person is appointed or deployed as the Registrar of Firearms under that Act. �� C. 8 Criminal Code (firea 50. Sections 93 and 94 of the Act are replaced by the following: Report to federal Minister 93. (1) The Commissioner shall, as soon as possible after the end of each calendar year and at any other times that the federal Minister may in writing request, submit to the federal Minister a report, in the form and including the information that the federal Minister may direct, with regard to the administration of this Act. Report to be laid before Parliament (2) The federal Minister shall have each report laid before each House of Parliament on any of the first 15 days on which that House is sitting after the federal Minister receives it. Information to be submitted to Commissioner 94. A chief firearms officer shall submit to the Commissioner the prescribed information with regard to the administration of this Act at the prescribed time and in the prescribed form for the purpose of enabling the Commissioner to compile the reports referred to in section 93. 51. Section 97 of the Act is replaced by the following: Exemptions — Governor in Council 97. (1) Subject to subsection (4), the Governor in Council may exempt any class of non-residents from the application of any provision of this Act or the regulations, or from the application of any of sections 91 to 95, 99 to 101, 103 to 107 and 117.03 of the Criminal Code, for any period specified by the Governor in Council. Exemptions — federal Minister (2) Subject to subsection (4), the federal Minister may exempt any non-resident from the application of any provision of this Act or the regulations, or from the application of any of sections 91 to 95, 99 to 101, 103 to 107 and 117.03 of the Criminal Code, for any period not exceeding one year. Exemptions — provincial minister (3) Subject to subsection (4), a provincial minister may exempt from the application in that province of any provision of this Act or the regulations or Part III of the Criminal Code, for any period not exceeding one year, the employees, in respect of any thing done by them in the course of or for the purpose of their duties or employment, of any business that holds a licence authorizing the business to acquire prohibited firearms, prohibited weapons, prohibited devices or prohibited ammunition. 2002-2003 Code criminel (armes Public safety (4) Subsections (1) to (3) do not apply if it is not desirable, in the interests of the safety of any person, that the exemption be granted. Conditions (5) The authority granting an exemption may attach to it any reasonable condition that the authority considers desirable in the particular circumstances and in the interests of the safety of any person. 52. Section 99 of the Act is replaced by the following: Designated officers may perform functions of chief firearms officers 99. A firearms officer who is designated in writing by a chief firearms officer may perform any of the duties and functions of the chief firearms officer under this Act or Part III of the Criminal Code that are specified in the designation. 53. Section 104(1) of the French version of the Act is replaced by the following: Mandat — maison d’habitation 104. (1) Dans le cas d’une maison d’habitation, l’inspecteur ne peut toutefois procéder à la visite : a) sans préavis raisonnable donné au propriétaire ou à l’occupant, à moins que s’y déroulent les activités d’une entreprise; b) sans l’autorisation de l’occupant que s’il est muni d’un mandat. 54. (1) Section 117 of the Act is amended by adding the following after paragraph (a): (a.1) deeming permits to export goods, or classes of permits to export goods, that are issued under the Export and Import Permits Act to be authorizations to export for the purposes of this Act; (2) Paragraph 117(k) of the Act is replaced by the following: (k) for authorizing (i) the possession at any place, or (ii) the manufacture or transfer, whether or not for consideration, or offer to manufacture or transfer, whether or not for consideration, �� C. 8 Criminal Code (firea of firearms, prohibited weapons, restricted weapons, prohibited devices, ammunition, prohibited ammunition and components and parts designed exclusively for use in the manufacture of or assembly into firearms; (k.1) respecting the importation or exportation of firearms, prohibited weapons, restricted weapons, prohibited devices, ammunition, prohibited ammunition and components and parts designed exclusively for use in the manufacture of or assembly into firearms; (k.2) respecting the marking of firearms manufactured in Canada or imported into Canada and the removal, alteration, obliteration and defacing of those markings; (k.3) respecting the confirmation of declarations and authorizations to transport for the purposes of paragraph 35(1)(d), the confirmation of declarations for the purposes of paragraph 35.1(2)(d) and the confirmation of authorizations to import for the purposes of paragraph 40(2)(e); (3) Paragraph 117(o) of the Act is replaced by the following: (o) creating offences consisting of contraventions of the regulations made under paragraph (d), (e), (f), (g), (i), (j), (k.1), (k.2), (l), (m) or (n); 55. Section 169 of the Act and the heading before it are repealed. Terminology changes — references and pre-February 14, 1995 handguns 56. The Act is amended by replacing the expression ‘‘referred to in subsection 12(6) (pre-February 14, 1995 handguns)’’ with the expression ‘‘referred to in subsection 12(6.1) (pre-December 1, 1998 handguns)’’ in the following provisions: (a) section 20; (b) subsection 54(3); (c) subsection 67(3); and (d) paragraph 120(2)(c). 2002-2003 Code criminel (armes COMING INTO FORCE Coming into force 57. The provisions of this Act and the provisions of any Act as enacted by this Act, come into force on a day or days to be fixed by order of the Governor in Council. Published under authority of the Speaker of the House of Commons Available from: ������������� ����������������� ���������� ���������� Ottawa, Canada K1A 0S9 ��������� ����� ������������� ����������������� ���������� ����������� ������� ������� ��� ���

Second Session, Thirty-seventh Parliament, 51-52 Elizabeth II, 2002-2003 STATUTES OF CANADA 2003 CHAPTER 1 An Act to amend the Nuclear Safety and Control Act BILL C-4 ASSENTED TO 13th FEBRUARY, 2003 SUMMARY This enactment amends the Nuclear Safety and Control Act to vary the classes of persons that the Canadian Nuclear Safety Commission may order to take measures to reduce the level of contamination of a place. ��� ������������� ������������ ��� ��������� �� ��� ������������� �������� ������������� �� ��� ��������� �������� ��������������������� 51-52 ELIZABETH II CHAPTER 1 An Act to amend the Nuclear Safety and Control Act [Assented to 13th February, 2003] 1997, c. 9 Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: 1. Subsection 46(3) of the Nuclear Safety and Control Act is replaced by the following: Measures (3) Where, after conducting a hearing, the Commission is satisfied that there is contamination referred to in subsection (1), the Commission may, in addition to filing a notice under subsection (2), order that the owner or occupant of, or any other person who has the management and control of , the affected land or place take the prescribed measures to reduce the level of contamination. Published under authority of the Speaker of the House of Commons Available from: ������������� ����������������� ���������� ���������� Ottawa, Canada K1A 0S9 ��������� ����� ������������� ����������������� ���������� ����������� ������� ������� ��� ���

Second Session, Thirty-seventh Parliament, 51-52 Elizabeth II, 2002-2003 STATUTES OF CANADA 2003 CHAPTER 2 An Act to promote physical activity and sport BILL C-12 ASSENTED TO 19th MARCH, 2003 SUMMARY This enactment replaces the Fitness and Amateur Sport Act, which was enacted in 1961, with modernized legislation that is better adapted to contemporary realities. The enactment sets out the Government of Canada’s policies regarding physical activity and sport. It also sets out the mandate of the Minister in respect of physical activity and sport. The enactment establishes the Sport Dispute Resolution Centre of Canada, an independent organization whose mission is to provide to the sport community a national alternative dispute resolution service for sport disputes, and expertise and assistance in that regard. ��� ������������� ������������ ��� ��������� �� ��� ������������� �������� ������������� �� ��� ��������� �������� ��������������������� TABLE OF PROVISIONS AN ACT TO PROMOTE PHYSICAL ACTIVITY AND SPORT Preamble SHORT TITLE 1. Short title 2. Definition of ‘‘Minister’’ INTERPRETATION POLICIES 3. Physical activity policy 4. Sport policy — principles 5. Objects of Act and mandate of Minister 6. Financial assistance OBJECTS AND MANDATE AGREEMENTS AND ARRANGEMENTS 7. Contribution agreements 8. International agreements SPORT DISPUTE RESOLUTION CENTRE OF CANADA Establishment of Centre 9. Centre established Mission and Powers 10. Mission 11. Powers Board of Directors 12. Role 13. Composition 14. Appointment 15. Exclusion 16. No remuneration 17. By-laws 18. Designation 19. Duties 20. Absence, etc., of chairperson Chairperson �� Executive Director 21. Appointment 22. Duties 23. Absence, etc., of executive director 24. Delegation Personnel 25. Personnel 26. Status Audit 27. Audit committee 28. Independent audit Arbitrators and Mediators 29. Responsibilities of the Centre General Provisions 30. Duty of care 31. Provisions of Canada Business Corporations Act apply Corporate Plan and Annual Report 32. Corporate plan 33. Annual report 34. Public meeting Dissolution 35. Minister may order dissolution REGULATIONS 36. Regulations CONSEQUENTIAL AMENDMENT 37. Department of Canadian Heritage Act COORDINATING AMENDMENT 38. Bill C-30 REPEAL 39. Fitness and Amateur Sport Act COMING INTO FORCE 40. Coming into force 51-52 ELIZABETH II CHAPTER 2 An Act to promote physical activity and sport [Assented to 19th March, 2003] Preamble WHEREAS the Government of Canada recognizes that physical activity and sport are integral parts of Canadian culture and society and produce benefits in terms of health, social cohesion, linguistic duality, economic activity, cultural diversity and quality of life; WHEREAS the Government of Canada wishes to increase awareness among Canadians of the significant benefits of physical activity and the practice of sport; WHEREAS the Government of Canada wishes to encourage and assist Canadians in increasing their level of physical activity and their participation in sport; WHEREAS the Government of Canada is committed to promoting physical activity and sport, having regard to the principles set out in the Official Languages Act; AND WHEREAS the Government of Canada wishes to encourage cooperation among the various governments, the physical activity and sport communities and the private sector in the promotion of physical activity and sport; NOW, THEREFORE, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: SHORT TITLE Short title 1. This Act may be cited as the Physical Activity and Sport Act. � C. 2 Physical Activ INTERPRETATION Definition of ‘‘Minister’’ 2. In this Act, ‘‘Minister’’ means the member or members of the Queen’s Privy Council for Canada designated by the Governor in Council for the purposes of this Act. POLICIES Physical activity policy 3. The objectives of the Government of Canada’s policy regarding physical activity are (a) to promote physical activity as a fundamental element of health and well-being; (b) to encourage all Canadians to improve their health by integrating physical activity into their daily lives; and (c) to assist in reducing barriers faced by all Canadians that prevent them from being active. Sport policy — principles 4. (1) The Government of Canada’s policy regarding sport is founded on the highest ethical standards and values, including doping-free sport, the treatment of all persons with fairness and respect, the full and fair participation of all persons in sport and the fair, equitable, transparent and timely resolution of disputes in sport. Sport policy — objectives (2) The objectives of the Government of Canada’s policy regarding sport are (a) to increase participation in the practice of sport and support the pursuit of excellence in sport; and (b) to build capacity in the Canadian sport system. OBJECTS AND MANDATE Objects of Act and mandate of Minister 5. The objects of this Act are to encourage, promote and develop physical activity and sport in Canada. The Minister may take any measures that the Minister considers appropriate to further those objects, and in particular may (a) undertake or assist in research or studies in respect of physical activity and sport; 2002-2003 Activité physi (b) arrange for national and regional conferences in respect of physical activity and sport; (c) provide for the recognition of achievement in respect of physical activity and sport by the grant or issue of certificates, citations or awards of merit; (d) prepare and distribute information relating to physical activity and sport; (e) assist, cooperate with and enlist the aid of any group interested in furthering the objects of this Act; (f) coordinate federal initiatives related to the encouragement, promotion and development of physical activity and sport, particularly those initiatives related to the implementation of the Government of Canada’s policy regarding sport, the hosting of major sporting events and the implementation of anti-doping measures, in cooperation with other departments or agencies of the Government of Canada; (g) undertake or support any projects or programs related to physical activity or sport; (h) provide assistance for the promotion and development of Canadian participation in national and international sport; (i) provide for the training of coaches and any other resource persons to further the objects of this Act in relation to sport; (j) provide bursaries or fellowships to assist individuals in pursuing excellence in sport; (k) encourage the promotion of sport as a tool of individual and social development in Canada and, in cooperation with other countries, abroad; (l) encourage the private sector to contribute financially to the development of sport; (m) facilitate the participation of underrepresented groups in the Canadian sport system; (n) encourage provincial and territorial governments to promote and develop sport; (o) coordinate the Government of Canada’s initiatives and efforts with respect to the � C. 2 Physical Activ staging and hosting of the Canada Games; and (p) encourage and support alternative dispute resolution for sport. Financial assistance 6. For the purposes of this Act, the Minister may provide financial assistance in the form of grants and contributions to any person, in accordance with Parts IV and VII of the Official Languages Act. Contribution agreements 7. (1) The Minister, with the approval of the Governor in Council, may enter into an agreement with any province or territory providing for the payment of contributions in respect of costs that they incur in undertaking programs designed to encourage, promote and develop physical activity or sport. Agreements to implement Canada’s policy regarding sport (2) The Minister may enter into an agreement or arrangement with any province or territory respecting the implementation of the Government of Canada’s policy regarding sport. 8. The Minister, with the approval of the Governor in Council, may enter into an agreement or arrangement with the government of any foreign state in order to encourage, promote and develop physical activity and sport. AGREEMENTS AND ARRANGEMENTS International agreements SPORT DISPUTE RESOLUTION CENTRE OF CANADA Centre established Not an agent of Her Majesty Establishment of Centre 9. (1) A not-for-profit corporation is hereby established to be called the Sport Dispute Resolution Centre of Canada, in this Act referred to as ‘‘the Centre’’, which shall include a dispute resolution secretariat and a resource centre. (2) The Centre is not an agent of Her Majesty. 2002-2003 Activité physi Not a departmental or Crown corporation (3) The Centre is not a departmental corporation or a Crown corporation within the meaning of the Financial Administration Act. Status of arbitrator or mediator (4) For the purposes of the Federal Court Act, the Centre or an arbitrator or mediator who provides services under the auspices of the Centre is not a federal board, commission or other tribunal within the meaning of that Act. Both official languages to be used (5) The Centre shall offer its services to, and communicate with, the public in both official languages of Canada. Head office (6) The head office of the Centre shall be at the place in Canada that is designated in the by-laws of the Centre. Mission and Powers Mission 10. (1) The mission of the Centre is to provide to the sport community (a) a national alternative dispute resolution service for sport disputes; and (b) expertise and assistance regarding alternative dispute resolution. Interpretation (2) For the purposes of subsection (1), a sport dispute includes disputes among sport organizations and disputes between a sport organization and persons affiliated with it, including its members. Powers 11. (1) In carrying out its mission, the Centre has the capacity and powers of a natural person, including the power to (a) use any funds that may be provided to it, subject to any terms on which the funds are provided; (b) enter into contracts or agreements in its own name; (c) conduct studies with respect to the exercise of its powers; and (d) do any other things that are conducive to the fulfilment of its mission and the exercise of its powers. Restrictions (2) Despite subsection (1), the Centre (a) may not acquire or construct real property or immovables for valuable consideration, other than those required for its head office; � C. 2 Physical Activ (b) shall expressly state in its contracts and agreements that it is entering into the contract or agreement on its own behalf; (c) may not procure the incorporation of a corporation any shares of which, on incorporation, would be held by, on behalf of or in trust for the Centre; and (d) may not acquire shares of a corporation that, on acquisition, would be held by, on behalf of or in trust for the Centre. Board of Directors Role 12. The affairs and business of the Centre shall be managed by a board of directors, and for that purpose the board may exercise all the powers of the Centre. Composition 13. (1) The board of directors consists of not more than 12 directors, including the chairperson, and the executive director of the Centre who does not have a right to vote. Non-application of provisions (2) Sections 14, 16 and 18 do not apply to the executive director. Appointment 14. (1) The directors shall be appointed by the Minister to hold office during good behaviour for any term of not more than three years that will ensure, as far as possible, the expiry in any one year of the terms of office of not more than one half of the directors. A director may be appointed to not more than two consecutive terms and may be removed by the Minister for cause. Appointment criteria (2) The directors shall be chosen in accordance with guidelines that are established by the Minister in consultation with the sport community. Guidelines (3) The guidelines shall provide for a board of directors that (a) is composed of men and women committed to the promotion and development of sport who have the experience or capacity to enable the Centre to achieve its mission; and (b) is representative of the sport community and of the diversity and bilingual character of Canadian society. 2002-2003 Activité physi Statutory Instruments Act does not apply (4) Guidelines referred to in subsection (3) are not statutory instruments for the purposes of the Statutory Instruments Act. Exclusion 15. A director may not be appointed as an officer of the Centre. No remuneration 16. The directors are not entitled to be paid any remuneration, but are entitled to be paid such reasonable travel and other expenses incurred by them in connection with their duties or functions under this Act as may be fixed by the by-laws of the Centre. By-laws 17. (1) The board of directors may make by-laws with respect to the conduct and management of the affairs of the Centre and the carrying out of the duties and functions of the board under this Act, including by-laws providing for (a) the establishment of committees of the board of directors, including an executive committee, and the duties, functions and powers of the committees; (b) the duties, functions and powers of the chairperson and the officers of the Centre, including the executive director; (c) the appointment and remuneration of the officers of the Centre; (d) the delegation of any functions of the board of directors to an executive committee and the manner in which those functions are to be performed; (e) the mandate, duties and functions of the dispute resolution secretariat, the resource centre and any other part of the Centre; (f) the terms and conditions of eligibility for services provided by the Centre; (g) the establishment of a policy respecting the official languages of Canada that includes (i) principles governing the use of English and French by the staff of the Centre in their communications, provision of services and daily work, and (ii) a mechanism for resolving disputes related to the application of the policy; � C. 2 Physical Activ (h) the fixing of fees and charges to be paid for the services and facilities provided by the Centre or the determination of a manner for calculating those fees and charges; (i) the establishment of mediation and arbitration procedures for resolving sport disputes, including a mechanism for determining the manner in which the parties may select an arbitrator or mediator and the language, according to the needs of the parties, in which the parties may be heard and the decision rendered; (j) the qualifications for arbitrators or mediators; (k) the establishment of a code of ethics for directors, officers and employees of the Centre, as well as for arbitrators and mediators who provide dispute resolution services under the auspices of the Centre; and (l) personnel management, including terms and conditions of employment of persons employed by the Centre. By-laws available to the public (2) A copy of every by-law shall be kept at the head office of the Centre. Anyone is entitled, during the usual business hours of the Centre, to examine the by-laws and, on payment of a reasonable fee, to photocopy them in whole or in part. Statutory Instruments Act does not apply (3) By-laws made under subsection (1) are not statutory instruments for the purposes of the Statutory Instruments Act. Chairperson Designation 18. The Minister, after consulting with the directors, shall designate one of them as chairperson to hold office during good behaviour for any term of not more than three years. The chairperson may be designated for not more than two consecutive terms and may be removed by the Minister for cause. Duties 19. The chairperson shall determine the times and places of the meetings of the board of directors and presides at those meetings. The chairperson may perform any other duties or functions that are assigned to the chairperson by the board of directors. 2002-2003 Absence, etc., of chairperson Activité physi 20. If the chairperson is absent or incapacitated or if the office of chairperson is vacant, the board of directors may designate a director to exercise the powers and perform the duties and functions of the chairperson during the absence, incapacity or vacancy, but no person may be so designated for a period exceeding 90 days without the approval of the Minister. Executive Director Appointment 21. The board of directors shall appoint an executive director of the Centre. Duties 22. The executive director is the chief executive officer of the Centre and has, on behalf of the board of directors, responsibility for the direction and management of the business and day-to-day operations of the Centre. Absence, etc., of executive director 23. If the executive director is absent or incapacitated or if the office of executive director is vacant, the chairperson may designate any person to exercise the powers and perform the duties and functions of the executive director during the absence, incapacity or vacancy, but no person may be so designated for a period exceeding 90 days without the approval of the board of directors. Delegation 24. The executive director may delegate to any person any power, duty or function conferred on the executive director under this Act. Personnel Personnel 25. The Centre may engage any employees and any technical and professional advisers that it considers necessary for the proper conduct of its activities. Status 26. Directors, officers and employees of the Centre are deemed not to be employees of the public service of Canada and, for the purposes of the Public Service Superannuation Act, are deemed not to be employed in the Public Service. �� C. 2 Physical Activ Audit Audit committee Duties of audit committee 27. (1) The board of directors shall establish an audit committee consisting of at least three directors. (2) The audit committee shall (a) require the Centre to implement and maintain appropriate internal control procedures; (b) review, evaluate and approve those internal control procedures; (c) review the Centre’s annual financial statements and report to the Centre before those statements are approved by the board of directors; (d) meet with the Centre’s auditor to discuss the Centre’s annual financial statements and the auditor’s report; and (e) meet with the Centre’s auditor and the Centre’s management to discuss the effectiveness of the internal control procedures. Special report (3) If the audit committee is of the opinion that there is any information that should be brought to the attention of the Minister, it shall make a report of that information to the Minister and furnish the board with a copy of the report. Meeting of directors (4) The audit committee may call a meeting of the board of directors to consider any matter of concern to the committee. Technical assistance (5) The audit committee may engage, on a temporary basis, the services of persons having technical or specialized knowledge to assist the committee in carrying out its duties under this Act. Independent audit 28. The accounts and financial transactions of the Centre shall be audited annually by an independent auditor designated by the board of directors, and a written report of the audit shall be made to that board. 2002-2003 Activité physi Arbitrators and Mediators Responsibilities of the Centre 29. The Centre shall ensure that arbitrators and mediators who provide dispute resolution services under the auspices of the Centre (a) meet the qualifications established by its by-laws; (b) are independent of the Centre; and (c) are, as a group, able to provide services in one or the other of the official languages of Canada or in both, according to the needs of the parties. General Provisions Duty of care 30. (1) Every director and officer of the Centre, in exercising their powers and performing their duties and functions, must (a) act honestly and in good faith with a view to the best interests of the Centre; (b) exercise the care, diligence and skill that a reasonably prudent person would exercise in comparable circumstances; and (c) comply with this Act and the by-laws of the Centre. No exculpation (2) No provision in a contract or resolution relieves a director or officer from the duty to act in accordance with this Act, the regulations or the by-laws or relieves a director or officer from liability for a breach of any of them. Reliance on statements (3) A director or officer is not liable for a breach of duty under subsection (1) if the director or officer relies in good faith on (a) financial statements of the Centre represented to the director or officer by an officer of the Centre or in a written report of the auditor of the Centre as fairly reflecting the financial condition of the Centre; or (b) a report of a lawyer, notary, accountant, engineer, appraiser or other person whose position or profession lends credibility to a statement made by that person. �� Provisions of Canada Business Corporations Act apply C. 2 Physical Activ 31. (1) The following provisions of the Canada Business Corporations Act apply, with any modifications that the circumstances require, to the Centre and its directors, officers and employees as if the Centre were a corporation incorporated under that Act and the provisions of this Act were its articles of incorporation: (a) section 16 (by-law not required to confer powers on Centre, restriction on powers of Centre and validity of acts of Centre); (b) subsections 20(1), (2) and (4) (records, minutes and place of records); (c) subsection 22(1) (form of corporate records); (d) section 23 (corporate seal not needed to validate instrument); (e) subsection 108(2) (resignation of director); (f) subsections 114(1), (2), (5) to (7) and (9) (meeting of directors); (g) section 116 (validity of acts of directors and officers); (h) section 117 (validity of directors’ resolutions in lieu of meetings); (i) section 120 (conflict of interest of directors and officers); (j) section 123 (directors’ dissents); (k) subsections 124(1) to (6) (indemnification of directors and officers and insurance for directors’ and officers’ liability); (l) section 158 (approval of financial statements by directors); (m) section 161 (qualifications of auditor); (n) section 170 (right of auditor to information); (o) subsections 171(4) to (7) and paragraph 171(8)(a) (duties and administration of audit committee); (p) section 172 (qualified privilege in defamation for auditor’s statements); (q) subsections 253(1) and (3) (notice to directors); (r) section 255 (waiver of notice); and 2002-2003 Activité physi (s) subsections 257(1) and (2) (certificates of Centre as evidence). Description with crossreferences Canada Corporations Act does not apply Corporate plan Scope and content of corporate plan (2) The descriptive words in parentheses that follow the reference to a provision of the Canada Business Corporations Act in subsection (1) form no part of that subsection but are inserted for convenience of reference only. (3) The Canada Corporations Act, chapter C-32 of the Revised Statutes of Canada, 1970, does not apply to the Centre. Corporate Plan and Annual Report 32. (1) The Centre shall prepare a corporate plan for each fiscal year, and deliver a copy of that plan to the Minister at least 30 days before the start of that fiscal year. (2) The corporate plan shall encompass all the business and activities of the Centre and shall include a statement of (a) the Centre’s objectives; (b) the strategies that the Centre intends to use to achieve its objectives, including its operational and financial strategies and its human resource strategies; and Corporate plan to be made public Corporate plan to be tabled Annual report Contents (c) the Centre’s operating and capital budgets for the next fiscal year. (3) After the corporate plan is delivered to the Minister, the Centre shall make the plan public. (4) The Minister shall cause a copy of the corporate plan to be tabled in each House of Parliament on any of the first fifteen days on which that House is sitting after the Minister receives the plan. 33. (1) The chairperson of the board of directors shall, within four months after the end of each fiscal year, deliver a report on the operations of the Centre in that fiscal year to the Minister. (2) The report shall include (a) the financial statements of the Centre and the report of the auditor respecting those statements; (b) a summary of the Centre’s corporate plan; and (c) information about the Centre’s performance with respect to the objectives established in the corporate plan. �� C. 2 Physical Activ Remuneration (3) The total remuneration that each officer receives in a fiscal year from the Centre, including any reimbursements or monetary benefits, and the amount of any reimbursements or monetary benefits that each director receives in a fiscal year from the Centre, shall be set out in the annual financial statements for that year. Distribution of report (4) After its annual report is delivered to the Minister, the Centre shall make the report public. Annual report to be tabled (5) The Minister shall cause a copy of the annual report to be tabled in each House of Parliament on any of the first fifteen days on which that House is sitting after the Minister receives the report. Public meeting 34. (1) Within 60 days after the delivery of its annual report to the Minister, the Centre shall convene a public meeting at a city in Canada selected by the Centre to consider the report and other matters relating to the Centre’s activities during the current fiscal year. Notice of meeting (2) At least 30 days before the date of a meeting convened under subsection (1), the Centre shall give notice of the time and place of the meeting in accordance with its by-laws. Dissolution Minister may order dissolution 35. (1) The Minister may, by order, dissolve the Centre (a) if the Centre has failed to make by-laws in accordance with paragraphs 17(1)(e), (g) and (i) to (k) within one year after section 9 comes into force; (b) if the Minister is satisfied that the Centre has failed, for a period of one year, to carry on its affairs and business; (c) if the Minister, on the expiry of any period of five years after the coming into force of section 9, after having made an evaluation of the Centre, is satisfied that the Centre is not fulfilling its mission or is no longer necessary; or (d) on petition by the Centre supported by a resolution passed by at least two thirds of the directors. 2002-2003 Debts and liabilities Dissolution Activité physi (2) In the event of the dissolution of the Centre, any property of the Centre that remains after the payment of its debts and liabilities, or after the making of adequate provision for the payment of its debts and liabilities, may be transferred to any person or institution having a mission similar to that of the Centre that the Minister specifies in the order. (3) If the Minister dissolves the Centre, the affairs of the Centre shall be wound up in accordance with this section and any regulations made under paragraph 36(b). REGULATIONS Regulations 36. The Governor in Council may make regulations (a) defining, for the purposes of this Act, the expressions ‘‘physical activity’’, ‘‘sport’’ and ‘‘sport organization’’; (b) respecting the winding up of the Centre; and (c) generally for carrying into effect the purposes and provisions of sections 3 to 8. CONSEQUENTIAL AMENDMENT 1995, c. 11 Department of Canadian Heritage Act 37. Paragraph 4(2)(f) of the Department of Canadian Heritage Act is replaced by the following: (f) the encouragement, promotion and development of sport; COORDINATING AMENDMENT Bill C-30 38. If Bill C-30, introduced in the 1st session of the 37th Parliament and entitled the Courts Administration Service Act, receives royal assent, then, on the later of the coming into force of section 14 of that Act and subsection 9(4) of this Act, subsection 9(4) of this Act is replaced by the following: Status of arbitrator or mediator (4) For the purposes of the Federal Courts Act, the Centre or an arbitrator or mediator who provides services under the auspices of the Centre is not a federal board, commission or other tribunal within the meaning of that Act. �� C. 2 Physical Activ REPEAL Repeal of R.S., c. F-25 39. The Fitness and Amateur Sport Act is repealed. COMING INTO FORCE Coming into force 40. The provisions of this Act, other than section 38, come into force on a day or days to be fixed by order of the Governor in Council. Published under authority of the Speaker of the House of Commons Available from: ������������� ����������������� ���������� ���������� Ottawa, Canada K1A 0S9 ��������� ����� ������������� ����������������� ���������� ����������� ������� ������� ��� ���

Second Session, Thirty-seventh Parliament, 51-52 Elizabeth II, 2002-2003 STATUTES OF CANADA 2003 CHAPTER 6 An Act respecting a national day of remembrance of the Battle of Vimy Ridge BILL C-227 ASSENTED TO 3rd APRIL, 2003 SUMMARY This enactment designates April 9 as a national day of remembrance of the Battle of Vimy Ridge. All parliamentary publications are available on the Parliamentary Internet Parlementaire at the following address: http://www.parl.gc.ca 51-52 ELIZABETH II _________ CHAPTER 6 An Act respecting a national day of remembrance of the Battle of Vimy Ridge [Assented to 3rd April, 2003] Preamble WHEREAS the Battle of Vimy Ridge of April 9, 1917 was the first time that Canadians from coast to coast fought in a battle together against a common enemy; AND WHEREAS the Battle of Vimy Ridge is considered by many to be a turning point for our country and the beginning of Canada’s march towards nationhood; NOW, THEREFORE, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: SHORT TITLE Short title 1. This Act may be cited as the Vimy Ridge Day Act. VIMY RIDGE DAY Vimy Ridge Day 2. Throughout Canada, in each and every year, the ninth day of April shall be known as “Vimy Ridge Day”. Canadian flag at half-mast 3. In each and every year, on the ninth day of April, the Canadian flag on the Peace Tower shall be lowered at half-mast. Not a legal holiday 4. For greater certainty, Vimy Ridge Day will not be considered a legal holiday or a nonjuridical day. Published under authority of the Speaker of the House of Commons Available from: Communication Canada – Canadian Government Publishing, Ottawa, Canada K1A 0S9 ��������� ����� ������������� ����������������� ���������� ����������� ������� ������� ��� ���

Second Session, Thirty-seventh Parliament, 51-52 Elizabeth II, 2002-2003 STATUTES OF CANADA 2003 CHAPTER 7 An Act to establish a process for assessing the environmental and socio-economic effects of certain activities in Yukon BILL C-2 ASSENTED TO 13 MAY 2003 RECOMMENDATION Her Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled ‘‘An Act to establish a process for assessing the environmental and socio-economic effects of certain activities in Yukon’’. SUMMARY This enactment, in fulfilment of certain obligations under the Umbrella Final Agreement between Canada, the Yukon Territory and the Council of Yukon Indians, creates a process for assessing the environmental and socio-economic effects of activities in Yukon. The enactment establishes a Yukon Environmental and Socio-economic Assessment Board with assessment staff in six or more designated offices in communities throughout Yukon. They serve as the main instruments for the assessment of the environmental and socio-economic effects of activities in Yukon. The enactment provides for the making of regulations prescribing lists of activities that may be subject to assessment, and governing decision-making in response to recommendations made by assessment bodies. ��� ������������� ������������ ��� ��������� �� ��� ������������� �������� ������������� �� ��� ��������� �������� ��������������������� TABLE OF PROVISIONS AN ACT TO ESTABLISH A PROCESS FOR ASSESSING THE ENVIRONMENTAL AND SOCIO-ECONOMIC EFFECTS OF CERTAIN ACTIVITIES IN YUKON SHORT TITLE 1. Short title INTERPRETATION 2. Definitions 3. Consultation 4. Final agreement prevails GENERAL 5. Effect of Act 6. Canadian Environmental Assessment Act 7. Delegation by territorial minister PART 1 YUKON ENVIRONMENTAL AND SOCIO-ECONOMIC ASSESSMENT BOARD AND DESIGNATED OFFICES Yukon Environmental and Socio-economic Assessment Board 8. Board established 9. Residence of Chairperson Term of office 11. Tenure 12. Reappointment 13. Conflict of interest 14. Remuneration 15. Quorum 16. Property and contracts 17. Staff and advisers 18. Indemnification 19. Main office Assessment Districts and Designated Offices 20. Assessment districts 21. Alteration of boundaries 22. Designated offices in named communities 23. Staff 24. Conflict of interest �� 25. Contracts and facilities Budgets and Reporting 26. Budgets of designated offices 27. Budget of Board 28. Accounts 29. Annual report 30. Rules for executive committee and panels 31. Rules for designated offices 32. Standard mitigative measures 33. General rules re information 34. Publication of proposed rules 35. By-laws of Board 36. By-laws for designated offices 37. Standard mitigation measures 38. Statutory Instruments Act Rules and By-Laws General Requirement 39. Scientific and traditional knowledge PART 2 ASSESSMENT PROCESS AND DECISION DOCUMENTS Assessments — General 40. Non-duplication and certainty 41. Timeliness of assessments 42. Matters to be considered 43. Requiring additional information 44. Regional land use plans 45. Pending land use plan 46. Participation by interested persons Proposed Activities Subject to Assessment 47. Regulations identifying activities 48. Declarations 49. Emergencies exempted Proposals for Projects 50. Submission of proposals 51. Determination of scope 52. Grouping of related projects 53. Evaluations by multiple designated offices 54. Withdrawal of project �� Evaluation of Projects by Designated Offices 55. Preliminary determinations 56. Conclusion of evaluation Screening of Projects by Executive Committee 57. Preliminary determination 58. Conclusion of screening 59. Recommendation for non-referral rejected Request for Review 60. Review of project Powers of Minister of Environment 61. Requirement or request for review 62. Determination by Minister 63. Application of Canadian Environmental Assessment Act 64. Referral back to executive committee 65. Establishment of panel 66. Terms of reference Panels of the Board Agreements for Joint Panels 67. Conclusion of agreement 68. Preliminary determination 69. Equivalence of joint panel review Reviews of Projects by Panels 70. Conduct of panel review 71. Judicial powers of panels 72. Commencement of panel review 73. Review panel under Canadian Environmental Assessment Act Consideration of Recommendations and Issuance of Decision Documents 74. Consideration of accompanying information 75. Decision on recommendation from designated office, joint panel or review panel 76. Decision on recommendation from executive committee or panel of the Board 77. Reconsideration on referral back 78. Consultation between decision bodies 79. Mining interest on settlement lands 80. Decision body’s reasons 81. Distribution of decision documents �� Implementation of Decision Documents 82. Federal agencies 83. Territorial agencies and municipal governments 84. First nations 85. Interpretation 86. Water licences 87. Federal independent regulatory agencies 88. Territorial independent regulatory agencies 89. Notice of actions taken following decision Projects on Yukon North Slope 90. Definitions 91. Examination by Screening Committee or Review Board Collaboration and External Activities 92. Collaboration on projects 93. External activities affecting Yukon Existing Projects 94. 95. Definition of ‘‘administrative authority’’ Request for panel review 96. Designation of members 97. Terms of reference 98. Commencement of review 99. Judicial powers of panels 100. Preliminary determination 101. Recommendations of panel Plans 102. 103. Definition of ‘‘originator ’’ Request for panel review 104. Criteria for review 105. Review of plans specified in regulations 106. Publication of notice 107. Designation of members 108. Commencement of review 109. Recommendations of panel Audits and Effects Monitoring 110. Recommendation for audit or monitoring of project 111. Request for audit or monitoring of existing project Studies and Research 112. Request for studies or research 113. Report of executive committee � Violation of Decision Document 114. Recommendation by Board to decision body Court Jurisdiction 115. Court reference by Board 116. Application for judicial review Maintenance of Records and Public Access 117. Records of Board and designated offices 118. Records of Board 119. Records of designated office 120. Public access 121. Information held in confidence Regulations and Orders 122. Regulations of Governor in Council 123. Amendment of schedule PART 3 TRANSITIONAL PROVISIONS, CONSEQUENTIAL AND COORDINATING AMENDMENTS AND COMMENCEMENT Transitional Provisions 124. Application of EARP Guidelines Order 125. Application of Canadian Environmental Assessment Act 126. Pending applications to territorial agencies and first nations Consequential Amendments 127-128. Access to Information Act 129. Privacy Act 130. Yukon First Nations Self-Government Act 131. Yukon Surface Rights Board Act Coordinating Amendments 132. Courts Administration Service Act and Yukon Act 133. Yukon Act Coming Into Force 134. Order of Governor in Council SCHEDULE 51-52 ELIZABETH II CHAPTER 7 An Act to establish a process for assessing the environmental and socio-economic effects of certain activities in Yukon [Assented to 13th May, 2003] Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: SHORT TITLE Short title 1. This Act may be cited as the Yukon Environmental and Socio-economic Assessment Act. Definitions 2. (1) The following definitions apply in this Act. ‘‘assessment’’ « évaluation » ‘‘assessment’’ means an evaluation by a designated office, a screening by the executive committee or a review by a panel of the Board. ‘‘authorization’’ « autorisation » ‘‘authorization’’ means a licence, permit or other form of approval that is issued or given by INTERPRETATION (a) the Governor in Council, a government agency, an independent regulatory agency or a municipal government, or (b) a first nation under its final agreement or a first nation law, but does not include an access order issued under the Yukon Surface Rights Board Act or a consent given by a first nation for access to settlement land in circumstances where an access order could be issued under that Act. ‘‘Board’’ « Office » ‘‘Board’’ means the Yukon Environmental and Socio-economic Assessment Board established by section 8. � C. 7 Yukon Environmental and So ‘‘category B settlement land’’ « terres désignées de catégorie B » ‘‘category B settlement land’’ means land that is, or is to be treated as, category B settlement land, as referred to in the definition ‘‘settlement land’’. ‘‘Council’’ « Conseil » ‘‘Council’’ means the Council for Yukon Indians or any successor to it or, in the absence of a successor, the first nations named in the schedule to the Yukon First Nations Land Claims Settlement Act. ‘‘decision body’’ « décisionnaire » ‘‘decision body’’, in relation to a project, means (a) a first nation, if the project is to be located wholly or partly on its settlement land and (i) the first nation has the power under the Yukon First Nations Self-Government Act or under its final agreement to issue an authorization that is required for the project to be undertaken, (ii) the first nation is a proponent of the project, has the power to grant an interest in land that is required for the project to be undertaken or has received an application for financial assistance for the project, or (iii) no decision document is required for the project from any federal agency or the territorial minister; (b) the territorial minister, if any territorial agency, municipal government or territorial independent regulatory agency (i) has the power to issue an authorization that is required for the project to be undertaken, (ii) in the case of a project to be located wholly or partly on non-settlement land, is a proponent of the project, has the power to grant an interest in land that is required for the project to be undertaken or has received an application for financial assistance for the project, or (iii) is responsible for the administration of mines and minerals in category B or fee simple settlement land or Tetlit Gwich’in Yukon land, where the 2002-2003 Évaluation environnementale e project involves a right to work those mines and minerals; (c) any federal agency that (i) has the power to issue an authorization that is required for the project to be undertaken, (ii) in the case of a project to be located wholly or partly on non-settlement land, is a proponent of the project, has the power to grant an interest in land that is required for the project to be undertaken or has received an application for financial assistance for the project, or (iii) is responsible for the administration of mines and minerals in category B or fee simple settlement land or Tetlit Gwich’in Yukon land, where the project involves a right to work those mines and minerals; (d) the federal minister, if the project is to be located wholly or partly on non-settlement land, no other federal agency is a decision body under paragraph (c) and (i) the territorial minister is not a decision body, or (ii) the territorial minister is a decision body and (A) the Governor in Council has the power to issue an authorization that is required for the project to be undertaken, or (B) a federal independent regulatory agency is a proponent of the project, has the power to issue such an authorization or has received an application for financial assistance for the project; or (e) the federal minister, if the project is to be located wholly on settlement land and (i) the Governor in Council or a federal independent regulatory agency has the power to issue an authorization that is required for the project to be undertaken, or � C. 7 Yukon Environmental and So (ii) a federal independent regulatory agency has received an application for financial assistance for the project. ‘‘decision document’’ « décision écrite » ‘‘decision document’’ means a decision document issued by a decision body under section 75, 76 or 77. ‘‘designated office’’ « bureau désigné » ‘‘designated office’’ means an office maintained under subsection 22(1). ‘‘effects monitoring’’ « mesures de contrôle » ‘‘effects monitoring’’ means the monitoring of environmental and socio-economic effects, or of the effectiveness of mitigative measures. ‘‘environment’’ « environnement » ‘‘environment’’ means the components of the Earth and includes (a) air, land and water; (b) all layers of the atmosphere; (c) all organic and inorganic matter and living organisms; and (d) the interacting natural systems that include the components referred to in paragraphs (a) to (c). ‘‘executive committee’’ « comité de direction » ‘‘executive committee’’ means the executive committee of the Board established by section 8. ‘‘existing project’’ « ouvrage » ‘‘existing project’’ means an activity that has been undertaken or completed and that, if proposed to be undertaken, would be subject to assessment under section 47. ‘‘federal agency’’ « autorité fédérale » ‘‘federal agency’’ means a minister of the federal government or a person or body carrying out a function of government under a federal law other than the Yukon Act, the Yukon First Nations Self-Government Act or the Yukon First Nations Land Claims Settlement Act, but does not include the Governor in Council, an independent regulatory agency or the Yukon Surface Rights Board. ‘‘federal decision body’’ « décisionnaire fédéral » ‘‘federal decision body’’, in relation to a project, means a decision body referred to in any of paragraphs (c) to (e) of the definition ‘‘decision body’’. ‘‘federal independent regulatory agency’’ « organisme administratif autonome fédéral » ‘‘federal independent regulatory agency’’ means any body named in Part 1 of the schedule. 2002-2003 Évaluation environnementale e ‘‘federal minister’’ « ministre fédéral » ‘‘federal minister’’ means the Minister of Indian Affairs and Northern Development, unless another member of the Queen’s Privy Council for Canada is designated by the Governor in Council as the federal minister for the purposes of this Act. ‘‘fee simple settlement land’’ « terres désignées en fief simple » ‘‘fee simple settlement land’’ means land that is, or is to be treated as, fee simple settlement land, as referred to in the definition ‘‘settlement land’’. ‘‘final agreement’’ « accord définitif » ‘‘final agreement’’ means a final agreement within the meaning of the Yukon First Nations Land Claims Settlement Act or the agreement contained in Appendix C to the Gwich’in Agreement. ‘‘financial assistance’’ « aide financière » ‘‘financial assistance’’ means a payment, loan or loan guarantee, but does not include (a) a refund, remission, reduction or deferral, or any other form of relief from the payment, of a tax, duty or fee, other than relief provided by law to permit the undertaking of an activity specifically named in the law; (b) assistance for anything done preliminary to a project, such as a feasibility study, that does not have effects on the environment; or (c) assistance for an environmental or socio-economic study undertaken in relation to the assessment of a project, except a study that itself comprises a project. ‘‘first nation’’ « première nation » ‘‘first nation’’ means a Yukon First Nation, within the meaning of the Umbrella Final Agreement, and includes the Gwich’in Tribal Council, in relation to consultation, or the Tetlit Gwich’in, in relation to any other matter. ‘‘first nation law’’ « texte législatif d’une première nation » ‘‘first nation law’’ means a law enacted by a first nation in accordance with the Yukon First Nations Self-Government Act or the first nation’s final agreement. � C. 7 Yukon Environmental and So ‘‘government agency’’ « autorité publique » ‘‘government agency’’ means agency or a territorial agency. ‘‘Gwich’in Agreement’’ « accord gwich’in » ‘‘Gwich’in Agreement’’ means the Comprehensive Land Claim Agreement between Her Majesty the Queen in right of Canada and the Gwich’in as represented by the Gwich’in Tribal Council, signed on April 22, 1992 and approved, given effect and declared valid by the Gwich’in Land Claim Settlement Act, as that Agreement is amended from time to time in accordance with its provisions. ‘‘heritage resource’’ « ressources patrimoniales » ‘‘heritage resource’’ means a federal (a) a moveable work or assembly of works of people or of nature, other than a record only, that is of scientific or cultural value for its archaeological, palaeontological, ethnological, prehistoric, historic or aesthetic features; (b) a record, regardless of its physical form or characteristics, that is of scientific or cultural value for its archaeological, palaeontological, ethnological, prehistoric, historic or aesthetic features; or (c) an area of land that contains a work or assembly of works referred to in paragraph (a) or an area that is of aesthetic or cultural value, including a human burial site outside a recognized cemetery. ‘‘independent regulatory agency’’ « organisme administratif autonome » ‘‘independent regulatory agency’’ means any body named in the schedule. ‘‘interested person’’ « intéressé » ‘‘interested person’’ means any person or body having an interest in the outcome of an assessment, for a purpose that is not frivolous or vexatious, and includes (a) the Fish and Wildlife Management Board established under the Umbrella Final Agreement, in relation to a project that is likely to affect the management and conservation of fish or wildlife or their habitat; 2002-2003 Évaluation environnementale e (b) the salmon subcommittee of the Fish and Wildlife Management Board, in relation to a project that is likely to affect the management and conservation of salmon or their habitat; and (c) a renewable resource council established under a first nation’s final agreement, in relation to a project that is likely to affect the management and conservation of fish or wildlife or their habitat within the traditional territory of that first nation. ‘‘joint panel’’ « comité mixte » ‘‘joint panel’’ means a joint panel established by an agreement under section 67. ‘‘mitigative measures’’ « mesures d’atténuation » ‘‘mitigative measures’’ means measures for the elimination, reduction or control of adverse environmental or socio-economic effects. ‘‘non-settlement land’’ « terres non désignées » ‘‘non-settlement land’’ means (a) land other than settlement land; (b) water lying on or flowing through land, including settlement land; or (c) mines and minerals, other than specified substances, in category B or fee simple settlement land or Tetlit Gwich’in Yukon land. ‘‘panel of the Board’’ « comité restreint » ‘‘panel of the Board’’ means a panel established under subsection 65(1), paragraph 93(1)(a) or subsection 95(1), 103(1) or 105(1). ‘‘plan’’ « plan » ‘‘plan’’ means any plan, program, policy or proposal that is not a project or existing project. ‘‘project’’ « projet de développement » ‘‘project’’ means an activity that is subject to assessment under section 47 or 48 and is not exempt from assessment under section 49. ‘‘proponent’’ « promoteur » ‘‘proponent’’, in relation to a project or other activity, means a person or body that proposes to undertake it, or a government agency, independent regulatory agency, municipal government or first nation that proposes to require — under a federal or territorial law, a municipal by-law or a first nation law — that it be undertaken. � C. 7 Yukon Environmental and So ‘‘self-government agreement’’ « accord sur l’autonomie gouvernementale » ‘‘self-government agreement’’ has the same meaning as in the Yukon First Nations SelfGovernment Act. ‘‘settlement land’’ « terres désignées » ‘‘settlement land’’ means land that is category A settlement land, category B settlement land or fee simple settlement land under a final agreement or under section 63 of the Yukon Surface Rights Board Act, or land that is to be treated as such by virtue of a self-government agreement, and includes Tetlit Gwich’in Yukon land, but does not include water or mines and minerals defined to be non-settlement land. ‘‘socio-economic effects’’ « effets sur la vie socioéconomique » ‘‘socio-economic effects’’ includes effects on economies, health, culture, traditions, lifestyles and heritage resources. ‘‘territorial agency’’ « autorité territoriale » ‘‘territorial agency’’ means a member of the Executive Council of Yukon or a person or body carrying out a function of government under the Yukon Act, but does not include an independent regulatory agency or a municipal government. ‘‘territorial independent regulatory agency’’ « organisme administratif autonome territorial » ‘‘territorial independent regulatory agency’’ means any body named in Part 2 of the schedule. ‘‘territorial minister’’ « ministre territorial » ‘‘territorial minister’’ means the member of the Executive Council of Yukon designated as the territorial minister for the purposes of this Act by the Commissioner of Yukon acting with the consent of the Executive Council of Yukon. ‘‘territory’’ « territoire » ‘‘territory’’ means (a) in relation to a first nation for which a final agreement is in effect, that first nation’s traditional territory and any of its settlement lands within Yukon that are not part of that traditional territory; (b) in relation to the first nation known as the Tetlit Gwich’in, the areas described in Annex A of Appendix C to the Gwich’in Agreement; and 2002-2003 Évaluation environnementale e (c) in relation to any other first nation, the geographic area within Yukon identified on the map provided by that first nation under the Umbrella Final Agreement for the purpose of delineating the first nation’s traditional territory. ‘‘Tetlit Gwich’in’’ « Gwich’in Tetlit » ‘‘Tetlit Gwich’in’’ means the Tetlit Gwich’in as defined in Appendix C to the Gwich’in Agreement. ‘‘Tetlit Gwich’in Yukon land’’ « terres gwich’in tetlit » ‘‘Tetlit Gwich’in Yukon land’’ means land described in Annex B of Appendix C to the Gwich’in Agreement. ‘‘traditional knowledge’’ « connaissances traditionnelles » ‘‘traditional knowledge’’ means the accumulated body of knowledge, observations and understandings about the environment, and about the relationship of living beings with one another and the environment, that is rooted in the traditional way of life of first nations. ‘‘Umbrella Final Agreement’’ « accord-cadre » ‘‘Umbrella Final Agreement’’ has the same meaning as in the Yukon First Nations Land Claims Settlement Act. ‘‘Yukon’’ Version anglaise seulement ‘‘Yukon’’ means the Yukon Territory. ‘‘Yukon Indian person’’ « Indien du Yukon » ‘‘Yukon Indian person’’ means a person enrolled under a final agreement — other than the Gwich’in Agreement — or a person who is a Tetlit Gwich’in. Definitions from Umbrella Final Agreement (2) In this Act, the expressions ‘‘mines’’, ‘‘minerals’’, ‘‘right to work’’, ‘‘specified substances’’ and ‘‘traditional territory’’ have the same meanings as in the Umbrella Final Agreement. �� C. 7 Yukon Environmental and So Grant of interest in land (3) In this Act, a reference to the granting of an interest in land includes only the granting of such an interest in circumstances where there is a discretion whether to grant it or not. Consultation 3. Where, in relation to any matter, a reference is made in this Act to consultation, the duty to consult shall be exercised (a) by providing, to the party to be consulted, (i) notice of the matter in sufficient form and detail to allow the party to prepare its views on the matter, (ii) a reasonable period for the party to prepare its views, and (iii) an opportunity to present its views to the party having the duty to consult; and (b) by considering, fully and fairly, any views so presented. Final agreement prevails 4. In the event of an inconsistency or conflict between a final agreement and this Act, the agreement prevails to the extent of the inconsistency or conflict. GENERAL Effect of Act Purposes of Act 5. (1) This Act gives effect to provisions of the Umbrella Final Agreement respecting assessment of environmental and socio-economic effects. (2) The purposes of this Act are (a) to provide a comprehensive, neutrally conducted assessment process applicable in Yukon; (b) to require that, before projects are undertaken, their environmental and socioeconomic effects be considered; (c) to protect and maintain environmental quality and heritage resources; (d) to protect and promote the well-being of Yukon Indian persons and their societies and Yukon residents generally, as well as the interests of other Canadians; (e) to ensure that projects are undertaken in accordance with principles that foster beneficial socio-economic change without undermining the ecological and social systems on which communities and their residents, and societies in general, depend; 2002-2003 Évaluation environnementale e (f) to recognize and, to the extent practicable, enhance the traditional economy of Yukon Indian persons and their special relationship with the wilderness environment; (g) to guarantee opportunities for the participation of Yukon Indian persons — and to make use of their knowledge and experience — in the assessment process; (h) to provide opportunities for public participation in the assessment process; (i) to ensure that the assessment process is conducted in a timely, efficient and effective manner that avoids duplication; and (j) to provide certainty to the extent practicable with respect to assessment procedures, including information requirements, time limits and costs to participants. Canadian Environmental Assessment Act 6. (1) Sections 5 to 60 of the Canadian Environmental Assessment Act do not apply in Yukon except (a) in relation to a project, as defined in that Act, that is not a project or existing project within the meaning of this Act; and (b) to the extent provided, in relation to a project, by subsection (2) of this section or section 63 of this Act. National Energy Board (2) Sections 5 to 60 of the Canadian Environmental Assessment Act apply in relation to a project, as defined in that Act, that requires an authorization from the National Energy Board in order to be undertaken, but where the project is referred to a review panel under subsection 29(1) of that Act, the Minister of the Environment shall notify the executive committee of the referral, and section 63 of this Act applies as if that Minister had agreed to a request under paragraph 61(1)(b). Delegation by territorial minister 7. The territorial minister may authorize a territorial agency or an employee of a territorial agency to carry out any of that minister’s functions under this Act. �� C. 7 Yukon Environmental and So PART 1 YUKON ENVIRONMENTAL AND SOCIO-ECONOMIC ASSESSMENT BOARD AND DESIGNATED OFFICES Yukon Environmental and Socio-economic Assessment Board Board established 8. (1) The Yukon Environmental and Socioeconomic Assessment Board is hereby established, consisting of (a) an executive committee of three persons; (b) four other members; and (c) an even number of additional members that may be fixed from time to time by the federal minister following consultation with the territorial minister and the first nations. Appointment by federal minister (2) The federal minister shall appoint the members of the Board after seeking the views of the Minister of the Environment. Executive committee (3) One member of the executive committee referred to in paragraph (1)(a) shall be appointed on the nomination of the Council, another following consultation by the federal minister with the territorial minister and the third, being the Chairperson of the Board, following consultation by the federal minister with the other two members. Other members (4) Of the four members of the Board referred to in paragraph (1)(b), two shall be appointed on the nomination of the Council and one on the nomination of the territorial minister. Additional members (5) If additional members of the Board are to be appointed pursuant to paragraph (1)(c), one-half shall be appointed on the nomination of the Council and one-half following consultation by the federal minister with the territorial minister. Consultation of first nations (6) The Council shall consult the first nations before nominating a person to the Board. Residence of Chairperson 9. (1) The Chairperson of the Board must be a resident of Yukon. 2002-2003 Évaluation environnementale e Residency of majorities (2) A majority of the members appointed on the nomination of the Council, as well as a majority of the other members excluding the Chairperson, must be residents of Yukon. Term of office 10. (1) Subject to subsections (2) and (3), a member of the Board shall be appointed to hold office for a term of three years. Term of first members (2) The first members appointed under subsections 8(3) and (4) on the nomination of the Council or the territorial minister shall be appointed for the term, not exceeding three years, specified by the Council or territorial minister when making the nomination, and the other first members shall be appointed for the term, not exceeding three years, specified by the federal minister. Vacancy (3) In the event of a vacancy occurring during a member’s term of office, the federal minister may, subject to the requirements of sections 8 and 9 applicable to the appointment of that member, appoint another person to fill the vacancy for the remainder of the term. Tenure 11. (1) A member of the Board holds office during good behaviour but may be removed by the federal minister for cause or on any other ground set out in the by-laws of the Board. Loss of resident status (2) The federal minister shall remove a member from office, in conformity with the regulations, if the federal minister determines that, because of a change in that member’s place of residence, the requirements of section 9 are no longer met. Consultation by federal minister (3) Before a member nominated by the Council or the territorial minister is removed from office, the federal minister shall consult the Council or the territorial minister, as the case may be. Reappointment 12. The Chairperson, a member of the executive committee or any other member of the Board is eligible to be reappointed to the Board in the same or a different capacity. Conflict of interest 13. (1) A member of the Board may not participate in any business of the Board, the executive committee or a panel of the Board, if doing so would place the member in a material conflict of interest. �� C. 7 Yukon Environmental and So Yukon Indian persons (2) A member is not in a material conflict of interest solely by virtue of being a Yukon Indian person. Remuneration 14. (1) Each member of the Board shall be paid the fees or other remuneration that is fixed by the federal minister. Expenses (2) Each member is entitled to be reimbursed for any travel and living expenses incurred by the member in the course of performing duties under this Act, while absent from the member’s ordinary place of residence, that are consistent with directives of the Treasury Board. Benefits (3) The members of the Board and its employees are deemed to be employees for the purposes of the Government Employees Compensation Act and to be employed in the public service of Canada for the purposes of any regulations made under section 9 of the Aeronautics Act. Quorum 15. (1) A quorum of the Board consists of a majority of the members holding office or three members, whichever is greater. Telephone or other communications (2) Subject to the rules and by-laws, participation in a meeting of the Board, the executive committee or a panel of the Board may be by means of telephone or other communications facilities that are likely to enable all persons participating in the meeting to hear each other, and a person so participating is deemed to be present at the meeting. Property and contracts 16. (1) The Board may, for the purposes of conducting the business of the Board and of designated offices in accordance with the approved budget of the Board, acquire property in its own name, dispose of such property and enter into contracts in the name of the Board. Legal proceedings (2) Actions, suits or other legal proceedings in respect of any right or obligation acquired or incurred by the Board may be brought or taken by or against the Board in its own name in any court that would have jurisdiction if the Board were a corporation. 2002-2003 Évaluation environnementale e Staff and advisers 17. The Board may, in accordance with the approved budget of the Board, employ any officers and employees and engage the services of any agents, advisers and consultants that are necessary for the proper conduct of the business of the Board and of designated offices, fix the terms and conditions of their employment or engagement and pay their remuneration. Indemnification 18. The members and employees of the Board shall be indemnified by the Board against all damages awarded against them, any settlement paid by them with the approval of the federal minister and all expenses reasonably incurred by them, in respect of any claim arising out of their functions as members or employees, if those functions were performed honestly and in good faith with a view to the best interests of the Board. Main office 19. The main office of the Board shall be at Whitehorse or at any other place in Yukon that may be designated by the Governor in Council. Assessment Districts and Designated Offices Assessment districts 20. (1) Following consultation by the federal minister with the territorial minister and the first nations, and in accordance with any agreement that may be concluded by those ministers with the first nations, the federal minister shall, by order, establish six contiguous assessment districts that together constitute the whole of Yukon. Change in number of districts (2) Where the Board recommends, on the basis of operational requirements, a change in the number of contiguous assessment districts that constitute Yukon, the federal minister shall, by order, change the number of assessment districts in accordance with the Board’s recommendation, following consultation with the territorial minister and the first nations, or else provide written reasons to the Board for rejecting the recommendation. Alteration of boundaries 21. (1) The Board may, by order, alter the boundary between adjacent assessment districts, and shall do so where the federal minister changes the number of assessment districts. �� C. 7 Yukon Environmental and So Consultation (2) Before altering the boundaries of assessment districts, the Board shall consult the designated offices for those assessment districts as well as the federal minister, the territorial minister, the Council and any first nation whose territory falls wholly or partly within those districts, and shall seek the views of residents and municipal governments of the communities located in those districts. Statutory Instruments Act (3) Sections 3, 5 and 11 of the Statutory Instruments Act do not apply in respect of an order altering boundaries, but the Board shall publish a notice of the order in the Canada Gazette, in a periodical that, in the Board’s opinion, has a large circulation in Yukon and, if any part of the affected assessment districts falls within the territory of the Tetlit Gwich’in, in a periodical distributed in the Gwich’in Settlement Area referred to in the Gwich’in Agreement. Designated offices in named communities 22. (1) The federal minister shall name a community in each assessment district as the site of an office to be maintained by the Board and known as the designated office for that assessment district. Change of designated community (2) Before any change is made in the community named as the site of a designated office for an assessment district, the federal minister shall consult the territorial minister, the Council and any first nation whose territory falls wholly or partly within that district, and shall seek the views of residents and municipal governments of the communities located in that district. Notice (3) The federal minister shall publish a notice of the selection of a community, or of any change in the selection, in the Canada Gazette, in a periodical that, in the federal minister’s opinion, has a large circulation in Yukon and, if any part of the affected assessment district falls within the territory of the Tetlit Gwich’in, in a periodical distributed in the Gwich’in Settlement Area referred to in the Gwich’in Agreement. Staff 23. (1) The staff of each designated office shall be composed of employees of the Board assigned to that office by the Board. 2002-2003 Évaluation environnementale e Powers in relation to evaluations (2) The Board shall authorize one or more members of the staff to exercise the powers of the designated office relating to evaluations, and those persons may delegate any of those powers to another member of the staff. Conflict of interest 24. (1) A member of the staff of a designated office may not participate in any business of that office if doing so would place the member in a material conflict of interest. Yukon Indian persons (2) A member of the staff is not in a material conflict of interest solely by virtue of being a Yukon Indian person. Contracts and facilities 25. The Board shall, at the request of a designated office but in accordance with the approved budget of the Board, procure services required by that office and make property and facilities available to it. Budgets and Reporting Budgets of designated offices 26. Each designated office shall annually, after consultation with any first nation whose territory falls wholly or partly within its assessment district, prepare and submit a budget for the ensuing fiscal year to the Board. Budget of Board 27. (1) The Board shall submit annually to the federal minister its budget for the ensuing fiscal year, which shall incorporate the budgets of the designated offices as submitted by them or as varied by the Board. Approval of budget (2) The federal minister may approve the budget as submitted by the Board, or with any variations that the federal minister may make after seeking the views of the Board, the territorial minister and the Council. Funding for languages and training (3) The Board shall consider including in its annual budget funding in order to enable its members and employees to carry out their functions in their traditional languages and in order to provide its members and employees with training, including cross-cultural orientation and education, for the purpose of improving their ability to carry out their duties. �� C. 7 Yukon Environmental and So Accounts 28. (1) The Board shall maintain books of account and related records in accordance with accounting principles recommended by the Canadian Institute of Chartered Accountants or its successor. Consolidated financial statements (2) The Board shall, within the time after the end of each fiscal year that the federal minister specifies, prepare consolidated financial statements in respect of that fiscal year in accordance with the accounting principles referred to in subsection (1) and shall include in them any information or statements that are required in their support. Audit (3) The accounts, financial statements and financial transactions of the Board shall be audited annually by the auditor of the Board and, where the federal minister requests, by the Auditor General of Canada. The auditor and, where applicable, the Auditor General of Canada shall, as soon as practicable, make a report of the audit to the Board and the federal minister. Annual report 29. The executive committee shall, within three months after the end of each fiscal year, prepare for the approval of the Board an annual report of the activities of the Board for that fiscal year, and the executive committee shall submit the approved report to the federal minister and make it available to the public. Rules and By-Laws Rules for executive committee and panels 30. (1) The Board shall make rules, applicable to screenings by the executive committee and reviews by panels of the Board, with respect to (a) the form and content of proposals submitted under paragraph 50(1)(a) or of requests made under section 60; (b) the determination of the scope of a project; (c) for the purposes of section 46, the participation of interested persons and the public; and (d) the periods within which the executive committee and panels of the Board must perform their functions under Part 2. 2002-2003 Rules for executive committee and panels Évaluation environnementale e (2) The Board may make rules with respect to (a) the manner in which proponents of projects must consult with first nations and residents of communities for the purposes of subsection 50(3); (b) the conduct of screenings of projects by the executive committee and reviews of projects by panels of the Board; (c) the reconsideration of recommendations referred back to the executive committee or a panel of the Board by a decision body; (d) the membership of panels of the Board and the establishment of their terms of reference; and (e) cooperation by the executive committee and panels of the Board with other bodies, including the coordination of functions. Other rules (3) The Board may make rules with respect to (a) reviews of existing projects, reviews of plans and reviews of activities outside Yukon; (b) the conduct of audits, and effects monitoring, of projects and existing projects under sections 110 and 111; and (c) the conduct of studies and research under section 112. Categories of projects, etc. (4) Rules made under this section may provide for different types of screenings or reviews for different categories of projects, existing projects or plans, or activities outside Yukon, as the case may be. Rules for designated offices 31. (1) The Board shall make rules with respect to the conduct of evaluations of projects by designated offices, which may include rules providing for (a) different phases of the evaluation of projects; and (b) different types of evaluations for different categories of projects. �� Rules for designated offices C. 7 Yukon Environmental and So (2) The Board shall make rules, applicable to evaluations of projects by designated offices, with respect to (a) the form and content of proposals submitted under paragraph 50(1)(b); (b) the determination of the scope of a project; (c) for the purposes of section 46, participation in evaluations by interested persons and the public; (d) the submission of proposals for projects located in two or more assessment districts; (e) the conduct of evaluations by two or more designated offices, jointly or by one of them on behalf of the other or others, under section 53; and (f) the periods within which designated offices must perform their functions under Part 2. Rules for cooperation (3) The Board may make rules with respect to cooperation by designated offices with other bodies, including the coordination of functions. Collaboration with designated offices (4) The Board shall seek the collaboration of the designated offices in making rules under subsections (1) to (3). Rules made by designated office (5) A designated office may make rules with respect to the conduct of its evaluations, including rules respecting any of the matters specified in subsections (1) to (3), but rules made by the Board prevail over rules made by a designated office to the extent of any inconsistency. Standard mitigative measures 32. (1) The Board may make rules with respect to the development, by a designated office or the executive committee, of standard mitigative measures referred to in section 37. Collaboration (2) The Board shall seek the collaboration of the designated offices in making rules under subsection (1). General rules re information 33. The Board shall make rules with respect to (a) the integration of scientific information, traditional knowledge and other informa2002-2003 Évaluation environnementale e tion by designated offices, the executive committee and panels of the Board; (b) the determination of whether traditional knowledge is confidential for the purposes of paragraph 121(a); and (c) the handling of information to prevent its disclosure contrary to section 121, including the conduct of private hearings and the restriction of access to information at public hearings. Publication of proposed rules 34. (1) At least 60 days before making rules, the Board or a designated office shall publish a notice of any proposed rules in the Canada Gazette, in a periodical that, in its opinion, has a large circulation in Yukon and in a periodical distributed in the Gwich’in Settlement Area referred to in the Gwich’in Agreement and shall, in the notice, invite written representations to be made to it with respect to the proposed rules within 60 days after publication. Exception (2) No further notice need be published if the proposed rules are amended solely in response to representations made to the Board or the designated office. Publication of rules (3) Rules made by the Board or a designated office shall be published in the Canada Gazette immediately after they are made. By-laws of Board 35. The Board may make by-laws (a) for the conduct and management of its internal administrative affairs; and (b) specifying grounds for the removal of members from office other than for cause, for the purposes of subsection 11(1). By-laws for designated offices 36. (1) The Board may make by-laws for the conduct and management of the internal administrative affairs of all designated offices. Collaboration (2) The Board shall seek the collaboration of the designated offices in making by-laws applicable to them. �� C. 7 Yukon Environmental and So By-laws made by designated office (3) A designated office may make by-laws for the conduct and management of its internal administrative affairs, but by-laws made by the Board under subsection (1) prevail over by-laws made by a designated office to the extent of any inconsistency. Standard mitigation measures 37. (1) A designated office may develop standard mitigative measures that can be applied to a class of projects, or to projects located within a geographic area. Standard mitigation measures (2) The executive committee may standard mitigative measures that applied to a class of projects or projects, or to projects or existing located within a geographic area. Public participation (3) The designated office and the executive committee shall provide opportunities for public participation in the development of standard mitigative measures. Conflict (4) Unless otherwise provided by the rules, standard mitigative measures developed by the executive committee prevail over those developed by a designated office to the extent of any inconsistency. Statutory Instruments Act 38. Sections 3, 5 and 11 of the Statutory Instruments Act do not apply in respect of the rules or by-laws of the Board or a designated office. develop can be existing projects General Requirement Scientific and traditional knowledge 39. A designated office, the executive committee or a panel of the Board shall give full and fair consideration to scientific information, traditional knowledge and other information provided to it or obtained by it under this Act. PART 2 ASSESSMENT PROCESS AND DECISION DOCUMENTS Assessments — General Non-duplication and certainty 40. The Board, the designated offices, the executive committee and panels of the Board shall avoid duplication in the assessment process and shall provide certainty, to the extent practicable, to persons participating in 2002-2003 Évaluation environnementale e the assessment process with respect to assessment procedures, including information requirements, time limits and costs. Timeliness of assessments 41. The designated offices, the executive committee and panels of the Board shall conduct assessments of projects, existing projects and plans in a timely and expeditious manner. Matters to be considered 42. (1) In conducting an assessment of a project or existing project, a designated office, the executive committee or a panel of the Board shall take the following matters into consideration: (a) the purpose of the project or existing project; (b) all stages of the project or existing project; (c) the significance of any environmental or socio-economic effects of the project or existing project that have occurred or might occur in or outside Yukon, including the effects of malfunctions or accidents; (d) the significance of any adverse cumulative environmental or socio-economic effects that have occurred or might occur in connection with the project or existing project in combination with the effects of (i) other projects for which proposals have been submitted under subsection 50(1), or (ii) other existing or proposed activities in or outside Yukon that are known to the designated office, executive committee or panel of the Board from information provided to it or obtained by it under this Act; (e) alternatives to the project or existing project, or alternative ways of undertaking or operating it, that would avoid or minimize any significant adverse environmental or socio-economic effects; (f) mitigative measures and measures to compensate for any significant adverse environmental or socio-economic effects; (g) the need to protect the rights of Yukon Indian persons under final agreements, the �� C. 7 Yukon Environmental and So special relationship between Yukon Indian persons and the wilderness environment of Yukon, and the cultures, traditions, health and lifestyles of Yukon Indian persons and other residents of Yukon; (h) the interests of residents of Yukon and of Canadian residents outside Yukon; (i) any matter that a decision body has asked it to take into consideration; and (j) any matter specified by the regulations. Additional matters to be considered (2) In addition to the matters referred to in subsection (1), the executive committee or a panel of the Board shall take the following matters into consideration: (a) the need for effects monitoring; and (b) the capacity of any renewable resources that are likely to be significantly affected by the project or existing project to meet present and future needs. Consideration of standards (3) Where a project or existing project to be assessed belongs to a class, or is to be located in a geographic area, for which standard mitigative measures have been developed, whether developed by the designated office or the executive committee, those measures shall be taken into consideration by the designated office, the executive committee or a panel of the Board when assessing the project or existing project. Optional matters (4) A designated office, the executive committee or a panel of the Board may also take into consideration any matter that it considers relevant in the assessment of a project or existing project. Requiring additional information 43. A designated office, the executive committee or a panel of the Board may require the proponent to provide any supplementary information that it considers necessary for its assessment, whether or not it has commenced the assessment. Regional land use plans 44. (1) If a regional land use plan is in effect in a planning region established under a final agreement, a designated office, the executive committee or a panel of the Board shall, when conducting an assessment of a project proposed in the planning region, request the 2002-2003 Évaluation environnementale e planning commission established under the final agreement to advise it as to whether the project is in conformity with the regional land use plan, unless such a request has already been made in relation to the project. Non-conformity with plan (2) A designated office, the executive committee or a panel of the Board shall, if advised by the planning commission for a planning region, before or during its assessment of a project, that the project is not in conformity with the regional land use plan, consider the regional land use plan and invite the planning commission to make representations to it with respect to the project. Recommendation for project (3) Where a designated office, the executive committee or a panel of the Board recommends that a project referred to in subsection (2) be allowed to proceed, it shall, to the extent possible, recommend terms and conditions that will bring the project into conformity with the regional land use plan. Pending land use plan 45. (1) When a planning commission established for a planning region under a final agreement notifies the executive committee and designated offices that it is preparing a regional land use plan pursuant to the final agreement, the executive committee and each designated office whose assessment district includes any part of the planning region shall provide the planning commission with the information in its possession about every project in the planning region for which an assessment is pending. Representations (2) The executive committee shall invite a planning commission that is preparing a land use plan to make representations to it and to each panel of the Board that is conducting a review of a project, and each designated office that is conducting an evaluation of a project shall invite the planning commission to make representations to it. Participation by interested persons 46. Subject to subsections 60(4), 95(4) and 103(4), a designated office, the executive committee or a panel of the Board shall provide and publicize opportunities for interested persons and the public to participate in any assessment conducted by it. �� C. 7 Yukon Environmental and So Proposed Activities Subject to Assessment Regulations identifying activities 47. (1) The Governor in Council may make regulations (a) listing activities that may be made subject to assessment; and (b) making exceptions from activities so listed. Circumstances (2) An activity listed under paragraph (1)(a) — and not excepted under paragraph (1)(b) — is subject to assessment if proposed to be undertaken in Yukon and if (a) a federal agency or federal independent regulatory agency is the proponent or receives an application for financial assistance for the activity; (b) a territorial agency, municipal government, territorial independent regulatory agency or first nation is the proponent and an authorization or the grant of an interest in land would be required for the activity to be undertaken by a private individual; (c) an authorization or the grant of an interest in land by a government agency, independent regulatory agency, municipal government or first nation is required for the activity to be undertaken; or (d) an authorization by the Governor in Council is required for the activity to be undertaken. Declarations 48. (1) Where an activity is listed under paragraph 47(1)(a) but is excepted under paragraph 47(1)(b), a declaration that the activity is subject to assessment may nevertheless be made, in circumstances referred to in subsection (3) or (4), by (a) a federal agency that is the proponent of the activity or that has the power to issue an authorization or to grant an interest in land required for the activity to be undertaken or has received an application for financial assistance for the activity; (b) the federal minister, if the Governor in Council has the power to issue an authoriza2002-2003 Évaluation environnementale e tion required for the activity to be undertaken or if a federal independent regulatory agency is the proponent of the activity, has the power to issue an authorization or to grant an interest in land required for the activity to be undertaken or has received an application for financial assistance for the activity; (c) the territorial minister, if a territorial agency, a municipal government or a territorial independent regulatory agency is the proponent of the activity or has the power to issue an authorization or to grant an interest in land required for the activity to be undertaken; or (d) a first nation that is the proponent of the activity or that has the power to issue an authorization or to grant an interest in land required for the activity to be undertaken. Consent to declaration (2) A declaration that a particular activity is subject to assessment must be consented to by every person or body referred to in subsection (1) that has the power to make that declaration. Significant adverse effects (3) A declaration that an activity is subject to assessment may be made by the federal agency, federal minister, territorial minister or first nation if they are of the opinion that the activity might (a) have significant adverse environmental or socio-economic effects in or outside Yukon; or (b) contribute significantly to cumulative adverse environmental or socio-economic effects in combination with projects for which proposals have been submitted under subsection 50(1) or with other activities known to them that are proposed, undertaken or completed in or outside Yukon. Activity in protected area (4) A declaration that an activity is subject to assessment may also be made in respect of an activity if the activity is to be undertaken (a) in an area that contains a heritage resource, other than a record only, or that is a heritage resource, and that is for that reason protected by federal, territorial or first nation law or that is identified, in a land �� C. 7 Yukon Environmental and So use plan in effect under a final agreement, as an area that should be so protected; (b) in a special management area that is identified as such in a final agreement or that is established in accordance with a final agreement; or (c) in an area that forms the habitat for any species of plant or wildlife that is determined to be rare, threatened, endangered or at risk by or under federal, territorial or first nation law. Emergencies exempted 49. (1) Notwithstanding sections 47 and 48, no assessment is required of an activity that is undertaken in response to a national emergency for which special temporary measures are being taken under the Emergencies Act, or in response to an emergency when it is in the interest of public welfare, health or safety or of protecting property or the environment that the activity be undertaken immediately. Reporting after emergencies (2) As soon as practicable after any such activity is completed, the person who undertook it shall send a written report to the designated office for each assessment district in which it was undertaken describing the nature, extent and duration of the activity and any work required in order to restore or rehabilitate the area affected by it. Proposals for Projects Submission of proposals 50. (1) A proponent shall submit a proposal for a project (a) to the executive committee, in the case of a project specified in regulations made under paragraph 122(c); or (b) in any other case, to the designated office for the assessment district in which the project is to be undertaken, subject to the rules made under paragraph 31(2)(d). Considerations by proponent (2) The proponent of a project shall, in preparing a proposal, (a) take into consideration the matters referred to in paragraphs 42(1)(b), (c), (e) 2002-2003 Évaluation environnementale e and (f), in the case of a proposal submitted to a designated office, or the matters referred to in paragraphs 42(1)(b), (c) and (e) to (h), in the case of a proposal submitted to the executive committee; and (b) incorporate any mitigative measures that may be appropriate. Consultation (3) Before submitting a proposal to the executive committee, the proponent of a project shall consult any first nation in whose territory, or the residents of any community in which, the project will be located or might have significant environmental or socio-economic effects. Notification of Environment Minister (4) The executive committee shall notify the Minister of the Environment of any proposal submitted to it under paragraph (1)(a) for a project for which there is a federal decision body. Determination of scope 51. A designated office or the executive committee shall determine the scope of a project to be assessed by it, and shall include within the scope of the project, in addition to any activity identified in the proposal, any other activity that it considers likely to be undertaken in relation to an activity so identified and sufficiently related to it to be included in the project. Grouping of related projects 52. A designated office or the executive committee shall assess as a single project two or more projects for which it has received proposals where it considers that the projects are so closely related as to be part of the same activity or where all the decision bodies for each of the projects have advised it that they consider the projects to be so related. Evaluations by multiple designated offices 53. An evaluation may be conducted, in the manner provided by the rules made under paragraph 31(2)(e), by two or more designated offices jointly or by one of them on behalf of the other or others, where (a) a single project is located in two or more assessment districts; or (b) a designated office considers projects located in two or more assessment districts to be closely related. �� C. 7 Yukon Environmental and So Withdrawal of project 54. (1) A proponent that intends not to proceed with a project shall give notice to that effect to any body that has conducted or is conducting an assessment of the project and to any decision body that is considering recommendations relating to the project. Discontinuance (2) Any assessment of a project conducted by a body that is notified under subsection (1), and any consideration of a recommendation made in respect of the project by a decision body notified under that subsection, shall be discontinued. Evaluation of Projects by Designated Offices Preliminary determinations 55. (1) Where a proposal for a project is submitted to a designated office under paragraph 50(1)(b), the designated office shall (a) consider whether the applicable rules have, in its opinion, been complied with and notify the proponent accordingly; and (b) determine whether the project will be located, or might have significant environmental or socio-economic effects, in the territory of a first nation. Evaluation by designated office (2) A designated office shall commence the evaluation of a project as soon as possible after it notifies the proponent affirmatively under paragraph (1)(a). Information and views (3) A designated office may seek any information or views that it believes relevant to its evaluation. Information and views (4) Before making a recommendation under any of paragraphs 56(1)(a) to (c), a designated office shall seek views about the project, and information that it believes relevant to the evaluation, from any first nation identified under paragraph (1)(b) and from any government agency, independent regulatory agency or first nation that has notified the designated office of its interest in the project or in projects of that kind. 2002-2003 Conclusion of evaluation Évaluation environnementale e 56. (1) At the conclusion of its evaluation, a designated office shall (a) recommend to the decision bodies for the project that the project be allowed to proceed, if it determines that the project will not have significant adverse environmental or socio-economic effects in or outside Yukon; (b) recommend to those decision bodies that the project be allowed to proceed, subject to specified terms and conditions, if it determines that the project will have significant adverse environmental or socioeconomic effects in or outside Yukon that can be mitigated by those terms and conditions; (c) recommend to those decision bodies that the project not be allowed to proceed, if it determines that the project will have significant adverse environmental or socio-economic effects in or outside Yukon that cannot be mitigated; or (d) refer the project to the executive committee for a screening if, after taking into account any mitigative measures included in the project proposal, it cannot determine whether the project will have significant adverse environmental or socio-economic effects. Notification (2) A recommendation under any of paragraphs (1)(a) to (c) shall be made in writing with reasons and a copy provided to the proponent. Notice of reasons for referral (3) The designated office shall provide written reasons for a referral under paragraph (1)(d) to the proponent, to any first nation identified under paragraph 55(1)(b) and to any government agency, independent regulatory agency or first nation that has notified the designated office of its interest in the project or in projects of that kind. Revised proposal (4) Following receipt of the reasons for referral, the proponent shall submit a revised proposal to the executive committee that takes into account the matters referred to in paragraphs 42(1)(b), (c) and (e) to (h). �� Documentation C. 7 Yukon Environmental and So (5) Where a designated office refers a project to the executive committee, it shall provide the executive committee with copies of its documentation relating to the project. Screening of Projects by Executive Committee Preliminary determination 57. (1) Where a proposal for a project is submitted or referred to the executive committee under paragraph 50(1)(a) or 56(1)(d), the executive committee shall consider whether the applicable rules have, in its opinion, been complied with and notify the proponent accordingly. Screening by executive committee (2) The executive committee shall commence a screening of a project as soon as possible after it notifies the proponent affirmatively under subsection (1) and advises the proponent that, in its opinion, the proponent has in its proposal taken into consideration the matters referred to in paragraphs 42(1)(b), (c) and (e) to (h) and has consulted first nations and the residents of communities in accordance with subsection 50(3). Information and views (3) The executive committee may seek any information or views that it believes relevant to its screening. Information and views (4) Before making a recommendation under paragraph 58(1)(a), (b) or (c), the executive committee shall seek views about the project, and information that it believes relevant to the screening, from any first nation consulted under subsection 50(3) and from any government agency, independent regulatory agency or first nation that has notified the executive committee of its interest in the project or in projects of that kind. Conclusion of screening 58. (1) Subject to subsection (2), at the conclusion of its screening the executive committee shall (a) recommend to the decision bodies for the project that the project be allowed to proceed without a review, if it determines that the project will not have significant adverse environmental or socio-economic effects in or outside Yukon; 2002-2003 Évaluation environnementale e (b) recommend to those decision bodies that the project be allowed to proceed without a review, subject to specified terms and conditions, if it determines that the project will have significant adverse environmental or socio-economic effects in or outside Yukon that can be mitigated by those terms and conditions; (c) recommend to those decision bodies that the project not be allowed to proceed and not be subject to a review, if it determines that the project will have significant adverse environmental or socio-economic effects in or outside Yukon that cannot be mitigated; or (d) require a review of the project if, after taking into account any mitigative measures included in the project proposal, it cannot determine whether the project will have significant adverse environmental or socio-economic effects. Review required — other cases (2) Irrespective of any determination made under subsection (1), the executive committee shall require a review of the project if (a) it determines, after taking into account any mitigative measures included in the project proposal, that the project might contribute significantly to cumulative adverse environmental or socio-economic effects in Yukon or that the project is causing or is likely to cause significant public concern in Yukon; or (b) it determines that the project involves technology that is controversial in Yukon or the effects of which are unknown. Notification (3) A recommendation under paragraph (1)(a), (b) or (c) shall be made in writing with reasons and a copy provided to the proponent. Notice of reasons for review (4) Where the executive committee requires a review under paragraph (1)(d) or subsection (2), it shall provide written reasons for doing so to the proponent and any first nation consulted under subsection 50(3) as well as to any government agency, independent regulatory agency or first nation that has �� C. 7 Yukon Environmental and So notified the executive committee of its interest in the project or in projects of that kind. Recommendation for nonreferral rejected 59. (1) Where the executive committee recommends that a project not be referred for a review, but that recommendation is rejected by a decision body for the project and the decision body so notifies the executive committee in writing within 15 days after receiving the recommendation, the executive committee shall require a review of the project. Notice to Environment Minister (2) Where the executive committee is not notified within the 15-day period and there is no federal decision body for the project, the executive committee shall so advise the Minister of the Environment. Request for Review Review of project 60. (1) A request for a review of a project may be made to the executive committee (a) by either the federal minister or the Minister of the Environment, if there is a federal decision body for the project; (b) by the territorial minister, if the territorial minister is a decision body for the project; or (c) by a first nation with the consent of the federal minister and, if the territorial minister is a decision body for the project, with the consent of the territorial minister. Joint request (2) A request for a review must be made jointly by the territorial minister and either the federal minister or the Minister of the Environment if the decision bodies for the project include both the territorial minister and a federal decision body. Exceptions (3) A request for a review may not be made if (a) the executive committee has already required a review of the project under paragraph 58(1)(d) or subsection 58(2); or (b) a recommendation has already been made in respect of the project by a designated office or the executive committee and all decision bodies to which the recommendation was made have issued decision documents. 2002-2003 Évaluation environnementale e Form of review (4) A request shall specify whether a review is to be a public review or some other form of review. Pending assessments (5) Where a request is made for a review, any assessment of the project by a designated office or the executive committee or any consideration by a decision body of a recommendation made in respect of the project, as the case may be, shall be discontinued. Powers of Minister of Environment Requirement or request for review 61. (1) When the executive committee, under paragraph 58(1)(d) or subsection 58(2) or 59(1), requires a review of a project for which there is a federal decision body, or when a public review of such a project is requested under section 60, the executive committee shall (a) notify the Minister of the Environment of its intention to establish a panel of the Board; (b) request that Minister to appoint a review panel under subsection 33(1) of the Canadian Environmental Assessment Act or enter into an agreement for the joint establishment of a review panel in accordance with paragraph 40(2)(a) of that Act; or (c) request that Minister to enter into negotiations for the establishment of a joint panel in accordance with section 67 of this Act. Consideration of effects outside Yukon (2) When the executive committee, under paragraph 58(1)(d) or subsection 58(2) or 59(1), requires a review of a project for which there is no federal decision body, or when a public review of such a project is requested under section 60, the executive committee shall (a) if it determines that the project might have significant adverse environmental or socio-economic effects outside Yukon, make a request under paragraph (1)(b) or (c); or (b) if it determines that the project will not have such effects, so notify that Minister. �� C. 7 Yukon Environmental and So Response by Minister (3) The Minister of the Environment may, within 30 days after receiving a notification under paragraph (1)(a), direct the executive committee not to establish a panel of the Board, in which case the executive committee shall make a request under paragraph (1)(b) or (c). Determination by Minister (4) After receiving a notification of the executive committee’s determination under paragraph (2)(b), the Minister of the Environment may consider and determine the same question and, if that Minister advises the executive committee of a contrary determination within 30 days after the notification, the executive committee shall make a request under paragraph (1)(b) or (c). Determination by Minister 62. (1) Within 30 days after the Minister of the Environment receives a request made under paragraph 61(1)(b) or (c), that Minister shall notify the executive committee whether he or she agrees to the request and, in the case of paragraph 61(1)(b), of the choice made under that paragraph. Power of Environment Minister (2) Within 10 days after a notification under subsection 59(2), the Minister of the Environment may give notice to the decision bodies for a project that that Minister intends to appoint a review panel under subsection 33(1) of the Canadian Environmental Assessment Act or to enter into an agreement for the joint establishment of a review panel in accordance with paragraph 40(2)(a) of that Act. Application of Canadian Environmental Assessment Act 63. (1) Where the Minister of the Environment agrees to a request made under paragraph 61(1)(b) or gives notice of that Minister’s intention under subsection 62(2), the provisions of the Canadian Environmental Assessment Act relating to the conduct of assessments by a review panel, or relating to agreements for the joint establishment of a review panel, as the case may be, apply in respect of the project, subject to the other provisions of this section and section 64. 2002-2003 Application Évaluation environnementale e (2) For the purposes of subsection (1), (a) the decision bodies for the project are deemed to be responsible authorities within the meaning of the Canadian Environmental Assessment Act; and (b) the executive committee has the power to enter into an agreement for the joint establishment of a review panel. Request for consent (3) Before appointing a review panel referred to in subsection (1) or entering into an agreement for the joint establishment of such a review panel, the Minister of the Environment shall determine whether the project will be located, or might have significant environmental or socio-economic effects, in the territory of a first nation and, if so, shall request each such first nation to indicate within 30 days after that determination whether it consents to the appointment of a review panel. Request for list of nominees (4) If any first nation does not indicate its consent within the period of 30 days, the Minister of the Environment shall request the Council and the territorial minister each to provide within 60 days a list of nominees for appointment to the review panel. When panel may be established (5) A review panel referred to in subsection (1) may be appointed and its terms of reference may be fixed only if (a) all first nations give their consent within 30 days after a request is made under subsection (3), or there are no first nations to whom subsection (3) applies; or (b) the period of 60 days referred to in subsection (4) has expired, in which case at least one quarter of the members of the review panel shall be chosen from each list of nominees, if any, provided to the Minister of the Environment within that period. Yukon Indian persons not in conflict (6) For the purposes of the application of paragraph 33(1)(a) or 41(b) of the Canadian Environmental Assessment Act in respect of a project, a member of the review panel is not in a material conflict of interest solely by virtue of being a Yukon Indian person. �� C. 7 Yukon Environmental and So Response by responsible authority (7) In respect of a project referred to in subsection (1), if the report of a review panel established under the Canadian Environmental Assessment Act is submitted to a responsible authority — within the meaning of that Act — that is not a decision body, the provisions of that Act relating to the response of a responsible authority apply in respect of the report. Referral back to executive committee 64. The Minister of the Environment may refer a project back to the executive committee within 45 days after the last request for consent made by that Minister under subsection 63(3) or, where there are no first nations to which that subsection applies, within 45 days after notifying the executive committee of that Minister’s agreement to a request under paragraph 61(1)(b). Panels of the Board Establishment of panel 65. (1) Except where an agreement is entered into under section 67, the executive committee shall establish a panel of the Board to conduct a review of a project where (a) a request is made under section 60 for a form of review other than a public review; (b) the Minister of the Environment does not direct the executive committee as provided in subsection 61(3), does not advise the executive committee as provided in subsection 61(4) or does not agree to a request as provided in subsection 62(1); or (c) the Minister of the Environment refers the project back to the executive committee under section 64. Failure to enter into agreement (2) The executive committee shall establish a panel of the Board to conduct a review of a project where, despite negotiations entered into under paragraph 61(1)(c) for the establishment of a joint panel, no agreement is concluded pursuant to section 67. Determination by executive committee (3) Before a panel of the Board is established, the executive committee shall determine whether the project is likely to have significant adverse environmental or socioeconomic effects primarily on settlement land or on non-settlement land. 2002-2003 Évaluation environnementale e Designation of members (4) The executive committee shall select the members of a panel of the Board for the review of a project from among the members of the Board, and shall designate one of them to be chairperson. Composition of panels (5) A panel of the Board shall be constituted as follows: (a) if the executive committee concludes under subsection (3) that effects are likely to occur primarily on settlement land, two thirds of the members of the panel must be members nominated to the Board by the Council and one third must be members, excluding the Chairperson of the Board, who are not so nominated; (b) if the executive committee concludes under subsection (3) that effects are likely to occur primarily on non-settlement land, one third of the members of the panel must be members nominated to the Board by the Council and two thirds must be members, excluding the Chairperson of the Board, who are not so nominated; and (c) in any other case, of the members of the panel other than its chairperson, one half must be members nominated to the Board by the Council and one half must be members who are not so nominated. Attendance (6) Every member of a panel of the Board must be present at each meeting or hearing of the panel. Vacancies (7) In the event of the absence or incapacity, or a vacancy in the office, of a member of a panel of the Board, the executive committee shall, in a manner consistent with the proportions set out in subsection (5), (a) direct some or all of the remaining members of the panel to resume the review; (b) appoint another member to the panel and direct the panel to resume or recommence the review; or (c) appoint a new panel and direct the panel to recommence the review. �� C. 7 Yukon Environmental and So Terms of reference 66. (1) Subject to any specification as to the form of review referred to in subsection 60(4), the executive committee shall establish the terms of reference of a panel of the Board. Publication of notice (2) The executive committee shall publish, in a periodical that, in its opinion, has a large circulation in Yukon, (a) a notice of the establishment of a panel of the Board, and of the manner in which the public may obtain copies of the panel’s terms of reference; and (b) if the panel’s terms of reference are subsequently modified, a notice of the manner in which the public may obtain copies of the modification and of the reasons for it. Determination by executive committee (3) In the case of a project that is the subject of a request referred to in paragraph 65(1)(a), the executive committee shall determine whether it will be located, or might have significant environmental or socio-economic effects, in the territory of a first nation. Distribution of terms of reference (4) The executive committee shall provide copies of the terms of reference of a panel of the Board, and of any modification made to them with the reasons for it, to the proponent and any first nation identified under subsection (3) or consulted under subsection 50(3), as well as to any government agency, independent regulatory agency or first nation that has notified the executive committee of its interest in the project or in projects of that kind. Agreements for Joint Panels Conclusion of agreement 67. (1) Where the Minister of the Environment agrees to a request made by the executive committee under paragraph 61(1)(c), the executive committee may, with the approval of the federal minister, enter into an agreement with the Minister of the Environment for the establishment of a joint panel to conduct a review of the project. 2002-2003 Joint panel agreement Évaluation environnementale e (2) In circumstances referred to in paragraphs 65(1)(a) to (c), the executive committee may, with the approval of the federal minister, enter into an agreement for the purpose referred to in subsection (1) with (a) the Minister of the Environment; or (b) any authority having power to examine the environmental or socio-economic effects of the project, or of an activity that is to be undertaken partly outside Yukon and of which the project forms part. Contents of agreement (3) An agreement for the establishment of a joint panel must (a) provide for the composition of the joint panel, the manner of appointment of its members and the selection of a chairperson; (b) contain the terms of reference of the joint panel and indicate how they may be modified; (c) require the joint panel to take into consideration the matters set out in subsections 42(1) to (3) in its review and permit it to take into consideration any other matter that it considers relevant; (d) prescribe rules to be followed in the conduct of the review, including rules about the information to be provided by the proponent, the scheduling of the review, the quorum, the mode of participation of interested persons and the integration of scientific information, traditional knowledge and other information; (e) name a person or body that consents to indemnify the members of the joint panel in accordance with subsection (5) and, if it is the Board, indicate that the federal minister concurs; and (f) require that, on completion of the review, the joint panel submit a report to the decision bodies for the project and publish the report. Publication of notice (4) The executive committee shall publish, in a periodical that, in its opinion, has a large circulation in Yukon, (a) a notice of the conclusion of an agreement for the establishment of a joint panel �� C. 7 Yukon Environmental and So and the manner in which copies of the agreement may be obtained by the public; and (b) a notice of any amendments made to the agreement and the manner in which copies of the amendments and the reasons for them may be obtained by the public. Indemnification of panel members (5) The members of a joint panel shall be indemnified by the person or body referred to in paragraph (3)(e) for all damages awarded against them, for any settlement paid by them with the approval of the federal minister and that person or body and for all expenses reasonably incurred by them, in respect of any claim arising out of their functions as members that were carried out honestly and in good faith with a view to the best interests of the joint panel. Preliminary determination 68. (1) Following the conclusion of an agreement for a joint panel, the executive committee shall determine whether the project will be located, or might have significant environmental or socio-economic effects, in the territory of a first nation. Distribution of terms of reference (2) The executive committee shall provide copies of the terms of reference of a joint panel, and of any modification made to them with the reasons for the modification, to the proponent of the project, to any first nation identified under subsection (1) and to any government agency, independent regulatory agency or first nation that has notified the executive committee of its interest in the project or in projects of that kind. Equivalence of joint panel review 69. A review by a joint panel fulfils the requirements of any provision of this Act for a review by a panel of the Board. 2002-2003 Évaluation environnementale e Reviews of Projects by Panels Conduct of panel review 70. (1) Subject to its terms of reference and any specification referred to in subsection 60(4), a panel of the Board or a joint panel established to review a project may determine any matter that it considers appropriate for the conduct of the review and shall determine (a) a schedule for the review; (b) the information to be provided by the proponent; and (c) the manner of participation by first nations, residents of communities, the federal and territorial governments and interested persons. Determination by panel (2) Before commencing public hearings, a panel of the Board or a joint panel shall determine whether the project will be located, or might have significant adverse environmental or socio-economic effects, on the settlement land of a first nation or on nonsettlement land. Location of hearings (3) A review of a project by a panel of the Board or a joint panel may include public hearings in any location chosen by the panel and, except in the case of a review requested under subsection 60(4) that is not a public review, shall include public hearings (a) in a community within the territory of each first nation, other than the Tetlit Gwich’in, whose settlement land is identified under subsection (2) — unless the panel and the first nation agree otherwise; (b) in a community within the Gwich’in settlement area referred to in the Gwich’in Agreement, if Tetlit Gwich’in Yukon land is settlement land identified under subsection (2) — unless the panel and the Gwich’in Tribal Council agree otherwise; and (c) in the community in Canada closest to the project, if non-settlement land is identified under subsection (2) — unless another location in Canada is agreed on for that purpose by the panel, the proponent, the decision bodies for the project and any first �� C. 7 Yukon Environmental and So nation whose settlement land is identified under subsection (2). Combined public hearings (4) A public hearing held by a panel of the Board or a joint panel for the purposes of the review of a project may be combined with a public hearing held by any other body in relation to the project (a) with the approval of the executive committee, in the case of a panel of the Board; or (b) in accordance with an agreement made under section 67, in the case of a joint panel. Judicial powers of panels 71. (1) A panel of the Board or a joint panel has, for the purposes of a review of a project, the powers, rights and privileges of a superior court with respect to the attendance and examination of witnesses and the production and inspection of documents and other evidence. Enforcement by court process (2) A summons issued or an order made by a panel of the Board or a joint panel under subsection (1) may be made a summons or order of a superior court by filing a certified copy of it with the registrar of the court and, when so made, is enforceable in the same manner as a summons or order of that court. Commencement of panel review 72. (1) A panel of the Board or a joint panel established to review a project shall (a) consider whether the applicable rules have been complied with and notify the proponent accordingly; and (b) commence the review as soon as possible after it notifies the proponent that, in its opinion, the applicable rules have been complied with. Other information (2) A panel of the Board or a joint panel may seek any information or views that it believes relevant to its review. Other information (3) Before making a recommendation under this section, a panel of the Board or a joint panel shall seek views about the project, and information that it believes relevant to the review, from any first nation consulted under subsection 50(3) or identified under subsection 66(3) or 68(1) and from any government 2002-2003 Évaluation environnementale e agency, independent regulatory agency or first nation that has notified the executive committee of its interest in the project or in projects of that kind. Recommendations of panel (4) At the conclusion of its review, a panel of the Board or a joint panel shall recommend to the decision bodies for the project that (a) the project be allowed to proceed, if it determines that the project will have no significant adverse environmental or socioeconomic effects in or outside Yukon; (b) the project be allowed to proceed, subject to specified terms and conditions, if it determines that the project will have significant adverse environmental or socioeconomic effects in or outside Yukon that can be mitigated by those terms and conditions; or (c) the project not be allowed to proceed, if it determines that the project will have significant adverse environmental or socioeconomic effects in or outside Yukon that cannot be mitigated. Other recipient of recommendation (5) A recommendation of a panel of the Board or a joint panel shall be made in writing with reasons and a copy provided to the proponent. Review panel under Canadian Environmental Assessment Act 73. When a report is made to the Minister of the Environment by a review panel under the Canadian Environmental Assessment Act in respect of a project referred to in section 63, the report shall include one of the recommendations referred to in subsection 72(4), and a copy of the report shall be provided to the decision bodies for the project and to the proponent. Consideration of Recommendations and Issuance of Decision Documents Consideration of accompanying information 74. (1) A decision body considering a recommendation in respect of a project shall give full and fair consideration to scientific information, traditional knowledge and other information that is provided with the recommendation. �� C. 7 Yukon Environmental and So First nations without final agreements (2) A decision body considering a recommendation in respect of a project shall consult a first nation for which no final agreement is in effect if the project is to be located wholly or partly, or might have significant adverse environmental or socio-economic effects, in the first nation’s territory. Decision on recommendation from designated office, joint panel or review panel 75. (1) Where a designated office, a joint panel or a review panel referred to in section 63 makes a recommendation to a decision body, the decision body shall issue a decision document within the period prescribed by the regulations accepting, rejecting or varying the recommendation. Approval of Governor in Council (2) Where a review panel referred to in section 63 makes a recommendation to a federal decision body, the federal decision body need not issue a decision document within the period referred to in subsection (1) and may not issue a decision document unless it has obtained the approval of the Governor in Council. Decision on recommendation from executive committee or panel of the Board 76. (1) Subject to subsection 59(1), where the executive committee or a panel of the Board makes a recommendation to a decision body, the decision body shall, within the period prescribed by the regulations, (a) issue a decision document accepting the recommendation; or (b) refer the recommendation back to the executive committee or the panel for reconsideration by it, unless that recommendation was made in response to a previous referral under this paragraph. Notice of referral back (2) When a decision body refers a recommendation back to the executive committee or a panel of the Board for reconsideration, it shall give notice of the referral to every person or body referred to in paragraphs 81(1)(a), (b) and (f) to (i). Effect of referral back (3) On being notified under subsection (2), (a) every other decision body for the project shall discontinue its consideration of the recommendation; and (b) no person or body required under sections 82 to 88 to implement a decision 2002-2003 Évaluation environnementale e document already issued shall take any action that would enable the project to be undertaken. Reconsideration on referral back 77. (1) When it reconsiders a recommendation that is referred back to it under paragraph 76(1)(b), the executive committee and the panel of the Board may exercise the powers and shall perform the duties that they have, respectively, in relation to screenings and reviews. Time periods (2) The executive committee or panel of the Board shall make a new recommendation to the decision bodies in respect of the project within the period prescribed by the rules, or else it is deemed to have made the same recommendation that it made at the conclusion of its screening or review. New recommendation (3) Every decision body shall, within the period prescribed by the regulations, issue a decision document accepting, rejecting or varying the new recommendation, and that decision document replaces any previous decision document issued by it in respect of the project. Consultation between decision bodies 78. (1) Where decision documents must be issued in relation to a project by more than one decision body, the decision bodies shall, before issuing the decision documents, consult one another in accordance with the regulations with a view to making their decision documents conform. Consolidation of decision documents (2) Any two or more decision bodies in respect of a project may agree to consolidate their decision documents. Mining interest on settlement lands 79. Notwithstanding sections 75 and 76, where a project involves a right to work mines and minerals situated in category B or fee simple settlement land or Tetlit Gwich’in Yukon land, and decision documents must be issued in relation to the project by a first nation as well as by a federal decision body or the territorial minister, neither of those decision bodies may reject or vary any recommendation made in respect of the project except on the ground that a recommended term or condition is (a) insufficient to prevent unacceptable environmental or socio-economic effects in Yukon; �� C. 7 Yukon Environmental and So (b) more onerous than necessary to prevent such effects; or (c) so onerous as to undermine the economic viability of the project. Decision body’s reasons 80. (1) A decision body shall include in a decision document the reasons for which it rejected or varied any recommendation. Statutory Instruments Act (2) A decision document is not a statutory instrument for the purposes of the Statutory Instruments Act. Distribution of decision documents 81. (1) A decision body shall provide copies of a decision document to (a) every other decision body for the project; (b) the proponent of the project; (c) the designated office in whose assessment district the project is proposed to be undertaken; (d) the executive committee, if the recommendation to the decision body was made by the executive committee, a panel of the Board, a joint panel or a review panel referred to in section 63; (e) the Minister of the Environment, if the recommendation to the decision body was made by a review panel referred to in section 63; (f) any independent regulatory agency from which an authorization is required, or to which an application is made for financial assistance, to enable the project to be undertaken; (g) the Yukon Surface Rights Board, if an access order is required for the project under the Yukon Surface Rights Board Act; (h) the Yukon Territory Water Board, if a licence is required for the project under the Yukon Waters Act; and (i) any other person or body that is required to implement the decision document under subsection 82(2), 83(2) or 84(2) or (3). 2002-2003 Decision not in conformity with land use plan Évaluation environnementale e (2) Where a decision document allows a project to be undertaken not in conformity with a land use plan referred to in section 44, the decision body shall provide a copy of the decision document to the planning commission that prepared the plan and to any person or body that approved the plan. Implementation of Decision Documents Federal agencies 82. (1) A federal agency that is a decision body for a project shall not undertake the project, require that it be undertaken or take any action that would enable it to be undertaken until it has issued a decision document under section 75, 76 or 77 allowing the project to be undertaken. Implementing decision document (2) Notwithstanding the limitations in any other federal law, a federal agency undertaking a project, requiring it to be undertaken or taking any action that enables it to be undertaken shall implement a decision document issued by it in respect of the project. Territorial agencies and municipal governments 83. (1) Where the territorial minister is a decision body for a project, no territorial agency or municipal government shall undertake the project, require that it be undertaken or take any action that would enable it to be undertaken until the territorial minister has issued a decision document under section 75, 76 or 77 allowing the project to be undertaken. Implementing decision document (2) To the extent of its authority under the Yukon Act, territorial laws or municipal bylaws, every territorial agency and every municipal government undertaking a project, requiring it to be undertaken or taking any action that enables it to be undertaken shall implement a decision document issued by the territorial minister in respect of the project. First nations 84. (1) A first nation that is a decision body for a project shall not undertake the project, require that it be undertaken or take any action that would enable it to be undertaken until it has issued a decision document under section 75, 76 or 77 allowing the project to be undertaken. �� C. 7 Yukon Environmental and So Implementing decision document (2) To the extent of its authority under the Yukon First Nations Self-Government Act, first nation laws or its final agreement, a first nation undertaking a project, requiring it to be undertaken or taking any action that enables it to be undertaken shall implement a decision document issued by it in respect of the project. Decision document relating to mines (3) Notwithstanding subsection (2), if a project involves a right to work mines and minerals in category B or fee simple settlement land or Tetlit Gwich’in Yukon land, a first nation taking any action that enables the project to be undertaken shall implement (a) a decision document issued in respect of the project by the territorial minister to the extent that it is inconsistent with the first nation’s decision document, where the Commissioner of Yukon has the administration and control of those mines and minerals; or (b) a decision document issued in respect of the project by a federal agency to the extent that it is inconsistent with the first nation’s decision document, where the federal agency has the administration of those mines and minerals. Interpretation 85. The obligation to implement decision documents under subsections 82(2), 83(2) and 84(2) and (3) does not require the making of any regulation, municipal by-law, first nation law or other law. Water licences 86. The Yukon Territory Water Board may not, under the Yukon Waters Act, (a) issue a licence if the issuance of a licence is contrary to a decision document issued by another federal agency or a decision document that a territorial agency, municipal government or first nation is required by subsection 83(2) or 84(2) or (3) to implement; or (b) set terms of a licence that conflict with such a decision document, to the extent that another federal agency or a territorial agency, municipal government or first nation is required to implement that decision document. 2002-2003 Évaluation environnementale e Federal independent regulatory agencies 87. (1) A federal independent regulatory agency shall not require that a project be undertaken or take any action that enables a project to be undertaken until every federal decision body for the project and, in the case of the National Energy Board, the territorial minister has issued a decision document in respect of the project under section 75, 76 or 77. Conformity with decision document (2) A federal independent regulatory agency, other than the National Energy Board, shall (a) when it requires that a project be undertaken or takes any action that enables a project to be undertaken, endeavour to the extent practicable to implement any decision document issued by a federal decision body; and (b) when it issues an authorization that enables a project to be undertaken, endeavour to the extent practicable to make the authorization conform with any decision document issued by a federal decision body, and provide written reasons to that decision body for any want of conformity. National Energy Board (3) The National Energy Board shall (a) when it requires that a project be undertaken or provides financial assistance for a project, take into consideration any decision document issued by a federal decision body or the territorial minister; and (b) when it issues an authorization to enable a project to be undertaken, take into consideration any decision document issued by a federal decision body or the territorial minister and provide written reasons to the decision body or the minister for any want of conformity. Territorial independent regulatory agencies 88. (1) A territorial independent regulatory agency shall not require that a project be undertaken, or take any action that enables a project to be undertaken, until the territorial minister has issued a decision document in respect of the project under section 75, 76 or 77. �� Conformity with decision document C. 7 Yukon Environmental and So (2) A territorial independent regulatory agency shall (a) when it requires that a project be undertaken or takes any action that enables a project to be undertaken, endeavour to the extent practicable to implement any decision document issued by the territorial minister; and (b) when it issues an authorization that enables a project to be undertaken, endeavour to the extent practicable to make the authorization conform with any decision document issued by the territorial minister, and provide written reasons to the minister for any want of conformity. Notice of actions taken following decision 89. Following the issuance of a decision document allowing a project to be undertaken, every government agency, municipal government, independent regulatory agency and first nation shall notify the Board whenever it (a) issues any authorization required for the project to be undertaken, or amends or revokes that authorization; (b) grants any interest in land required for the project to be undertaken, or modifies or withdraws that interest; or (c) provides any financial assistance that enables the project to be undertaken, or alters or cancels that assistance. Projects on Yukon North Slope Definitions 90. (1) The following definitions apply in this section and section 91. ‘‘Agreement’’ « convention » ‘‘Agreement’’ means the Inuvialuit Final Agreement, given effect by the Western Arctic (Inuvialuit) Claims Settlement Act, chapter 24 of the Statutes of Canada, 1984, as it read on the date that the Yukon First Nations Land Claims Settlement Act came into force. ‘‘Screening Committee’’ and ‘‘Review Board’’ « Bureau d’examen des répercussions environnementales » et « Comité d’étude des répercussions environnementales » ‘‘Screening Committee’’ and ‘‘Review Board’’ mean the Environmental Impact Screening Committee and the Environmental Impact Review Board, respectively, established by section 11 of the Agreement. 2002-2003 Évaluation environnementale e ‘‘Yukon North Slope’’ « Versant nord du Yukon » ‘‘Yukon North Slope’’ has the same meaning as in section 12 of the Agreement. Additional consideration (2) In an assessment of a project located on the Yukon North Slope, a designated office, the executive committee or a panel of the Board shall take into consideration, in addition to the matters set out in subsections 42(1) to (3), the need to protect the rights of the Inuvialuit under the Agreement, and may take into consideration any matter that it considers relevant. Recommendations re project (3) Where a recommendation is made by a designated office, the executive committee or a panel of the Board in respect of a project located on the Yukon North Slope, a copy of the recommendation including reasons shall be provided to the Screening Committee. Reasons for panel review (4) Where the executive committee requires that a project located on the Yukon North Slope be reviewed by a panel of the Board, the executive committee shall provide its reasons for doing so to the Screening Committee. Examination by Screening Committee or Review Board 91. (1) When the Screening Committee or Review Board examines a project located on the Yukon North Slope, the competent government authority that receives its report or recommendation pursuant to the Agreement shall provide a copy of the authority’s response to the report or recommendation to the Board and to the designated office in whose assessment district the project is located. Referral by Screening Committee to Review Board (2) Where a project located on the Yukon North Slope is referred to the Review Board by the Screening Committee, (a) the provisions of this Part relating to assessments and decision documents cease to apply in respect of the project; and �� C. 7 Yukon Environmental and So (b) any panel of the Board already established to review the project shall provide the Review Board with copies of all documents relating to the project. Collaboration and External Activities Collaboration on projects 92. (1) In the assessment of a project that forms part of an activity to be located wholly or partly in Yukon, a designated office or the executive committee shall collaborate, to the extent practicable, with any other body proposing to examine the activity’s environmental or socio-economic effects. Adoption of report (2) Where a body referred to in subsection (1) issues a report of its examination, the designated office or the executive committee may, in lieu of all or part of its assessment of the project, adopt any portions of the report that, in its opinion, fulfil any of the requirements of this Act. External activities affecting Yukon 93. (1) At the request of the federal minister or the Minister of the Environment — or at the request of the territorial minister or a first nation and at their expense, unless the federal minister consents to the request — the executive committee may, in respect of an activity outside Yukon that, in its opinion, has or will have significant adverse environmental or socio-economic effects in Yukon, (a) establish a panel of the Board to conduct a review of the activity, in accordance with an agreement entered into by the executive committee with the requesting minister or first nation; or (b) participate in a consideration of the environmental and socio-economic effects of the activity conducted by a public body outside Yukon, in a manner specified in the request and accepted by that body. Report by panel (2) A panel of the Board referred to in paragraph (1)(a) shall issue a report in relation to any significant adverse environmental or socio-economic effects of the activity to the proponent of the activity, the minister or first nation that requested the review and, if the federal minister consented to the request, the federal minister. 2002-2003 Response to Board Évaluation environnementale e (3) A minister or first nation that requests a review shall provide the Board with a written response to the report of a panel of the Board. Existing Projects Definition of ‘‘administrative authority’’ 94. (1) In sections 95 to 101, ‘‘administrative authority’’, in relation to a review of an existing project, means a government agency, an independent regulatory agency, a municipal government or a first nation that (a) is the operator of the existing project, (b) has the power to assume the operation of or to shut down the existing project, or (c) has the power to amend, suspend or revoke an authorization that was issued, or to modify, suspend or withdraw an interest in land that was granted, to enable the existing project to be undertaken or completed, and includes the Governor in Council, if the Governor in Council has a power referred to in paragraph (b) or (c). Definition of ‘‘operator’’ (2) In subsection (1) and sections 95 to 101, ‘‘operator’’, in relation to an existing project, means the person or body responsible for its operation. Request for panel review 95. (1) The executive committee shall establish a panel of the Board to conduct a review of an existing project, of a proposed abandonment, decommissioning or temporary shutdown of an existing project, or of a proposed significant change to an existing project other than a change that is subject to assessment under any other provision of this Act, (a) at the request of the federal minister, if there is an administrative authority for the existing project that is a federal agency or federal independent regulatory authority; (b) at the request of the territorial minister, if there is an administrative authority for the existing project that is established by or under the Yukon Act; or (c) at the request of a first nation and with the consent of (i) the federal minister, and �� C. 7 Yukon Environmental and So (ii) the territorial minister, where a territorial agency, a municipal government or a territorial independent regulatory agency is an administrative authority for the existing project. Joint request (2) A request for a review must be made jointly by the federal and territorial ministers if there are administrative authorities described in paragraphs (1)(a) and (b). Consent of first nation (3) If a first nation is an administrative authority for an existing project, a request for a review by the federal or territorial minister may only be made with the first nation’s consent. Form of review (4) A request for a review shall specify whether the review is to be a public review or some other form of review. Discontinuance (5) If any minister or first nation that requested a review withdraws the request, the panel conducting the review shall discontinue it. Designation of members 96. (1) The executive committee shall select the members of a panel of the Board, including its chairperson, from among the members of the Board. Determination by executive committee (2) Before the executive committee establishes a panel of the Board, it shall (a) if the request is for the review of the existing project, determine whether the existing project is having or might subsequently have significant adverse environmental or socio-economic effects primarily on settlement land of a first nation or on non-settlement land; or (b) if the request is for the review of a proposed abandonment, decommissioning, temporary shutdown or significant change, determine whether it might have significant adverse environmental or socio-economic effects primarily on settlement land of a first nation or on non-settlement land. Composition of panels (3) A panel of the Board shall be constituted as follows: (a) if the executive committee concludes under subsection (2) that effects are occurring or might occur primarily on settlement land, two thirds of the members of the panel 2002-2003 Évaluation environnementale e must be members nominated to the Board by the Council and one third must be members, excluding the Chairperson of the Board, who are not so nominated; (b) if the executive committee concludes under subsection (2) that effects are occurring or might occur primarily on non-settlement land, one third of the members of the panel must be members nominated to the Board by the Council and two thirds must be members, excluding the Chairperson of the Board, who are not so nominated; and (c) in any other case, of the members of the panel other than its chairperson, one half must be members nominated to the Board by the Council and one half must be members who are not so nominated. Attendance (4) Every member of a panel of the Board must be present at each meeting or hearing of the panel. Vacancies (5) In the event of the absence or incapacity, or a vacancy in the office, of a member of a panel of the Board, the executive committee shall, in a manner consistent with the proportions set out in subsection (3), (a) direct some or all of the remaining members of the panel to resume the review; (b) appoint another member to the panel and direct the panel to resume or recommence the review; or (c) appoint a new panel and direct it to recommence the review. Terms of reference 97. (1) Subject to any specification as to the form of review referred to in subsection 95(4), the executive committee shall set the terms of reference of the panel of the Board. Publication of notice (2) The executive committee shall publish, in a periodical that in its opinion has a large circulation in Yukon, a notice of the establishment of a panel of the Board and of the manner in which the public may obtain copies of the panel’s terms of reference. �� C. 7 Yukon Environmental and So Modification of terms of reference (3) If a panel’s terms of reference are modified, the executive committee shall publish in a periodical referred to in subsection (2) a notice of the manner in which the public may obtain copies of the modification and of the reasons for it. Distribution of terms of reference (4) The executive committee shall provide copies of the terms of reference, and of any modification made to them with the reasons for the modification, to the operator of the existing project, to any minister or first nation that requested or consented to the review, to any first nation identified under subsection 96(2) and to any government agency, independent regulatory agency or first nation that has notified the executive committee of its interest in the existing project or in existing projects of that kind. Commencement of review 98. (1) A panel of the Board established under section 95 shall commence its review as soon as possible after it notifies the operator and the administrative authority that, in its opinion, the applicable rules have been complied with. Power to require additional information (2) A panel of the Board may, before or after commencing its review, require the operator to provide any supplementary information that it considers necessary for the review. Judicial powers of panels 99. (1) A panel of the Board has, for the purposes of its review, the powers, rights and privileges of a superior court with respect to the attendance and examination of witnesses and the production and inspection of documents and other evidence. Enforcement by court process (2) A summons issued or order made by a panel of the Board under subsection (1) may be made a summons or order of a superior court by filing a certified copy of it with the registrar of the court and, when so made, is enforceable in the same manner as a summons or order of that court. Preliminary determination 100. (1) A panel of the Board established pursuant to a request that specified a public review shall determine whether the existing project is located on the settlement land of a first nation or on non-settlement land. 2002-2003 Determination by panel Évaluation environnementale e (2) A panel of the Board referred to in subsection (1) shall (a) if the request is for the review of the existing project, determine whether the existing project is having, or might subsequently have, significant adverse environmental or socio-economic effects on settlement land of a first nation or on non-settlement land; or (b) if the request is for the review of a proposed abandonment, decommissioning, temporary shutdown or significant change, determine whether it might have significant adverse environmental or socio-economic effects on settlement land of a first nation or on non-settlement land. Location of hearings (3) A review by a panel of the Board established under section 95 may include public hearings in any location chosen by the panel and, where the request under that section is for a public review, shall include public hearings in the following locations: (a) in a community within the territory of each first nation, other than the Tetlit Gwich’in, whose settlement land is identified under subsection (1) or (2) — unless the panel and the first nation agree otherwise; (b) in a community within the Gwich’in settlement area referred to in the Gwich’in Agreement, if Tetlit Gwich’in Yukon land is settlement land identified under subsection (1) or (2) — unless the panel and the Gwich’in Tribal Council agree otherwise; and (c) in the community in Canada closest to the existing project, if non-settlement land is identified under subsection (1) or (2) — unless another location in Canada is agreed on for that purpose by the panel, the operator, the decision bodies for the project and any first nation whose settlement land is identified under subsection (1) or (2). Recommendations of panel 101. (1) A panel of the Board established under section 95 shall make a written report of its review to the minister or first nation that requested the review, in which the panel may �� C. 7 Yukon Environmental and So make any recommendation based on the review that it considers to be appropriate. Copy of report (2) A copy of the report of a panel of the Board shall be provided to the operator of the existing project, every administrative authority in respect of the existing project and any minister that consented to the request for the review. Consideration of recommendations (3) The minister or first nation that requested a review shall give full and fair consideration to any recommendations made by a panel of the Board and shall provide a written response to the Board describing any action that they plan to take in response to the report. Plans Definition of ‘‘originator’’ 102. In sections 103 to 109, ‘‘originator’’ means the government agency, first nation or other body by or for which a plan is prepared. Request for panel review 103. (1) If the executive committee considers that the implementation of a plan might have significant adverse environmental or socio-economic effects in Yukon, it may establish a panel of the Board to conduct a review of the plan (a) at the request of the federal minister, if a federal agency is the originator; (b) at the request of the territorial minister, if a territorial agency or municipal government is the originator; or (c) at the request of a first nation, and either at the first nation’s expense or with the consent of the federal minister and, where a territorial agency or municipal government is the originator, the consent of the territorial minister. Joint request (2) A request for a review shall be made jointly by the territorial minister and the federal minister if both a territorial agency or municipal government and a federal agency are originators of the plan. Consent of municipal government (3) If a municipal government is an originator of a plan, a request for a review, or consent to a review, by the territorial minister may only be made or given with the agreement of the municipal government. 2002-2003 Évaluation environnementale e Form of review (4) A request for a review shall specify whether the review is to be a public review or some other form of review. Discontinuance (5) If a minister or first nation that requests a review of a plan withdraws the request, the review shall be discontinued. Criteria for review 104. (1) In determining whether to establish a panel of the Board, the executive committee shall consider (a) whether the matters referred to in subsection 108(3) were considered in the preparation of the plan; (b) whether there is a need for the plan to be reviewed by an independent body such as a panel of the Board and whether there is a more appropriate body by which, or process under which, the plan could be reviewed; and (c) whether the originator of the plan agrees to the review. Notice of review (2) The executive committee shall notify the originator of its determination. Terms of reference (3) Subject to any specification as to the form of review referred to in subsection 103(4), the executive committee shall establish the terms of reference of a panel of the Board. Review of plans specified in regulations 105. (1) The executive committee may establish a panel of the Board to conduct a review of any plan of a type specified in the regulations and whose implementation it considers might have significant adverse environmental or socio-economic effects in Yukon. Notice of review (2) The executive committee shall notify the originator of the establishment of a panel of the Board. Scope and terms of reference (3) The executive committee shall specify the scope of the review of the plan, the panel’s terms of reference and a schedule for the review. Publication of notice 106. (1) The executive committee shall publish, in a periodical that in its opinion has a large circulation in Yukon, a notice of the establishment of a panel of the Board under section 103 or 105 and of the manner in which the public may obtain copies of the panel’s terms of reference. �� C. 7 Yukon Environmental and So Modification of terms of reference (2) If a panel’s terms of reference are modified, the executive committee shall publish, in a periodical referred to in subsection (1), a notice of the manner in which the public may obtain copies of the modification and of the reasons for it. Distribution of terms of reference (3) The executive committee shall provide copies of the terms of reference, and of any modification made to them with the reasons for the modification, to the originator of the plan, to the minister or first nation that requested or consented to the review, if any, and to any government agency, independent regulatory agency or first nation that has notified the executive committee of its interest in the plan or in plans of that kind. Designation of members 107. (1) The executive committee shall select the members of a panel of the Board, including its chairperson, from among the members of the Board. Attendance (2) Every member of a panel of the Board must be present at each meeting or hearing of the panel. Vacancies (3) In the event of the absence or incapacity, or a vacancy in the office, of a member of a panel of the Board, the executive committee shall (a) direct some or all of the remaining members of the panel to resume the review; (b) appoint another member to the panel and direct the panel to resume or recommence the review; or (c) establish a new panel and direct the panel to recommence the review. Commencement of review 108. (1) A panel of the Board established to review a plan shall commence the review as soon as possible after it notifies the originator that, in its opinion, the applicable rules have been complied with. Power to require additional information (2) A panel of the Board may, before or after commencing a review of a plan, require the originator of the plan to provide any supplementary information that it considers necessary for the review. 2002-2003 Matters to be considered Évaluation environnementale e (3) In conducting a review of a plan, a panel of the Board shall take the following matters into consideration: (a) the significance of any environmental or socio-economic effects in or outside Yukon that might occur from the implementation of the plan; (b) the significance of any adverse cumulative environmental or socio-economic effects that might occur from the implementation of the plan in combination with (i) projects for which proposals have been submitted under subsection 50(1), or (ii) existing or proposed activities, or the implementation of other plans, in or outside Yukon, that are known to the panel from information provided to it or obtained by it under this Part; (c) alternatives to the plan that would avoid or minimize any significant adverse environmental or socio-economic effects; (d) mitigative measures and measures to compensate for any significant adverse effects; (e) the need to protect the rights of Yukon Indian persons under final agreements, the special relationship between Yukon Indian persons and the wilderness environment of Yukon and the cultures, traditions, health and lifestyles of Yukon Indian persons and other residents of Yukon; (f) the interests of residents of Yukon and Canadian residents outside Yukon; (g) the capacity of any renewable resources that are likely to be significantly affected by the implementation of the plan to meet present and future needs; and (h) the need for effects monitoring. Other matters (4) A panel of the Board conducting a review of a plan may take into consideration any other matter that it considers relevant. Recommendations of panel 109. (1) On the completion of its review of a plan, a panel of the Board shall provide the originator with written recommendations, which may include a recommendation that the �� C. 7 Yukon Environmental and So plan be implemented, with or without modifications, or that it not be implemented. Copy (2) A panel shall provide a copy of its recommendations to any minister, municipal government or first nation that requested or consented to the review. Consideration to be given (3) The originator of a plan shall give full and fair consideration to the recommendations provided to it by a panel and shall provide the Board with its reasons in writing for declining any of the recommendations. Audits and Effects Monitoring Recommendation for audit or monitoring of project 110. (1) When a designated office, the executive committee, a panel of the Board or a joint panel recommends to a decision body that a project be allowed to proceed, with or without terms and conditions, it may recommend that a project audit or that effects monitoring be conducted in respect of the project. Results (2) A decision body that accepts a recommendation for a project audit or effects monitoring shall provide the results of it to the designated office that made the recommendation or, in the case of a recommendation made by the executive committee, a panel of the Board or a joint panel, to the executive committee. Advice to decision body (3) After reviewing the results of any project audit or effects monitoring provided to it by a decision body, the designated office or executive committee may provide advice to the decision body on the basis of those results. Request for audit or monitoring of existing project 111. (1) A request for a project audit or for effects monitoring of an existing project may be made by ministers and first nations to the extent that and in the manner in which a request for a review may be made under subsections 95(1) to (3). Report of results (2) The executive committee shall conduct a project audit or effects monitoring of an existing project where so requested, and shall make a report of the results to the minister or first nation that made or consented to the request, and may include recommendations in the report. 2002-2003 Consideration of report Évaluation environnementale e (3) The federal minister, the territorial minister or a first nation shall give full and fair consideration to any recommendations of the executive committee. Studies and Research Request for studies or research 112. (1) At the request of the federal minister, or at the request of the territorial minister or a first nation and with the consent of the federal minister, or at the request of a first nation or the territorial minister and at its or his or her expense, the executive committee may undertake (a) studies of environmental or socio-economic effects that are cumulative geographically or over time; or (b) research into any aspect of the assessment of activities. Agreement (2) The executive committee may conclude agreements respecting the terms of reference, scope and scheduling of studies or research with the ministers and first nations that request or consent to them. Report of executive committee 113. (1) The executive committee shall report the results of a study or of research undertaken under section 112 to the minister or first nation that requested or consented to it, and may include recommendations in the report. Consideration of report (2) The minister or first nation shall give full and fair consideration to any recommendations of the executive committee. Violation of Decision Document Recommendation by Board to decision body 114. (1) The Board may recommend to a decision body that a public hearing be held by the Board, or another body to be designated by the decision body, if the Board considers that any person or body has violated any of the provisions of a decision document issued by that decision body. Hearing (2) If a decision body accepts a recommendation made to it, the Board or the body designated by the decision body shall hold a public hearing with respect to the violation, and may make recommendations to the decision body for the disposition of the matter. �� Response to recommendation C. 7 Yukon Environmental and So (3) A decision body shall respond with written reasons to any recommendation made to it. Court Jurisdiction Court reference by Board 115. At the request of a designated office, the executive committee, a panel of the Board, a joint panel or a decision body, the Board may refer a question of law or jurisdiction arising in any proceedings under this Act to the Supreme Court of the Yukon Territory. Application for judicial review 116. Notwithstanding the exclusive jurisdiction referred to in section 18 of the Federal Court Act, the Attorney General of Canada, the territorial minister or anyone directly affected by the matter in respect of which relief is sought may make an application to the Supreme Court of the Yukon Territory for any relief against the Board, a designated office, the executive committee, a panel of the Board, a joint panel or a decision body, by way of an injunction or declaration or by way of an order in the nature of certiorari, mandamus, quo warranto or prohibition. Maintenance of Records and Public Access Records of Board and designated offices 117. The Board and each designated office shall maintain (a) a document indicating the boundaries of assessment districts and the location of the designated office for each assessment district; (b) copies of any by-laws and rules that are in force under this Act; (c) a record of the results of project audits and effects monitoring; (d) reports of studies and research undertaken under section 112; and (e) descriptions of any standard mitigative measures developed under section 37. Records of Board 118. The Board shall maintain (a) a register containing all documents that are produced, collected or received by the executive committee, panels of the Board 2002-2003 Évaluation environnementale e and joint panels in relation to assessments, together with any documents provided to them under subsection 91(1); (b) a list of the projects, existing projects, other activities and plans for which an assessment is pending before, or has been completed by, the designated offices, the executive committee, panels of the Board and joint panels, together with their location and stage of assessment; and (c) a record of authorizations, grants of interest in land and provisions of financial assistance as reported to it pursuant to section 89. Records of designated office 119. Each designated office shall maintain (a) a register containing all documents that are produced, collected or received by it in relation to assessments and a copy of all documents referred to in paragraph 118(a) that relate to projects located in its assessment district, together with any documents provided to it under subsection 91(1); and (b) a list of the projects, existing projects and plans in its assessment district for which assessments are pending or have been completed, together with their location and stage of assessment. Public access 120. (1) Any person has the right to inspect the registers and records referred to in sections 117 to 119 during normal business hours. Information kept (2) The Board and the designated offices shall keep their registers and records in a manner that facilitates public access to them. Information held in confidence 121. Notwithstanding any other provision of this Part, the executive committee, the designated offices, panels of the Board and decision bodies may not disclose (a) traditional knowledge that is determined to be confidential under the applicable rules �� C. 7 Yukon Environmental and So and that is provided in confidence to them for the purposes of this Act; or (b) information to any person or body that a government institution, within the meaning of the Access to Information Act, would not be required to disclose pursuant to a request by that person or body under that Act, unless (i) the provider of the information consents to its disclosure, and (ii) the person or body is not required to disclose the information pursuant to a request under a territorial or first nation law, and agrees to keep the information confidential. Regulations and Orders Regulations of Governor in Council 122. The Governor in Council may, following consultation by the federal minister with the territorial minister and first nations, make regulations (a) defining ‘‘resident’’ for the purposes of section 9, respecting proceedings for removal of a member from office under subsection 11(2) and determining which member is to be removed if more than one member changes residence during a given period; (b) specifying any matter to be taken into consideration in the conduct of an assessment of a project or existing project, for the purposes of paragraph 42(1)(j); (c) specifying the projects for which proposals are to be submitted to the executive committee under subsection 50(1); (d) prescribing time periods for the purposes of subsection 75(1), 76(1) or 77(3); (e) respecting the manner of consultation between decision bodies under subsection 78(1); (f) specifying the types of plans that may be reviewed by a panel of the Board under subsection 105(1); and (g) establishing a funding program to facilitate the participation of specified classes of persons or groups in reviews of projects. 2002-2003 Amendment of schedule Évaluation environnementale e 123. The Governor in Council may, by order, following consultation by the federal minister with the territorial minister and first nations, (a) amend Part 1 of the schedule by adding to it the name of any body having power under a federal law, other than the Yukon Act, to issue authorizations whose terms and conditions are not subject to variation by the Governor in Council or a minister of the Crown; (b) amend Part 2 of the schedule by adding to it the name of any body having the power under the Yukon Act to issue authorizations whose terms and conditions are not subject to variation by the Commissioner of Yukon or by a minister of the territorial government; or (c) amend the schedule by deleting the name of any body. PART 3 TRANSITIONAL PROVISIONS, CONSEQUENTIAL AND COORDINATING AMENDMENTS AND COMMENCEMENT Transitional Provisions Application of EARP Guidelines Order 124. (1) The Environmental Assessment and Review Process Guidelines Order, approved by Order in Council P.C. 1984-2132 of June 21, 1984, and registered as SOR/84-467, continues to apply — to the exclusion of the provisions of this Act respecting projects — in respect of any proposal for a project that is, on the coming into force of Part 2 of this Act, before an environmental assessment panel established pursuant to that Order. �� C. 7 Yukon Environmental and So Application of EARP Guidelines Order (2) The Order referred to in subsection (1) continues to apply — to the exclusion of the provisions of this Act respecting projects — in respect of any proposal for a project for which an environmental screening or initial assessment under that Order was commenced before the coming into force of Part 2 of this Act, but where such a proposal is referred to the Minister of the Environment for public review pursuant to section 20 of that Order, that Order ceases to apply and this Act applies in respect of the proposal as if that Minister had agreed to a request made by the executive committee under paragraph 61(1)(b) of this Act. Application of Canadian Environmental Assessment Act 125. (1) Notwithstanding section 6, the Canadian Environmental Assessment Act continues to apply — to the exclusion of the provisions of this Act respecting projects — in respect of a proposal for a project that was referred, before the coming into force of Part 2 of this Act, to a mediator or a review panel pursuant to that Act. Application of Canadian Environmental Assessment Act (2) Notwithstanding section 6, the Canadian Environmental Assessment Act continues to apply — to the exclusion of the provisions of this Act respecting projects — in respect of a proposal for a project for which a screening or comprehensive study was commenced under that Act before the coming into force of Part 2 of this Act, but where the project is referred to a review panel pursuant to subsection 29(1) of that Act, that Act ceases to apply and section 63 of this Act applies as if the Minister of the Environment had agreed to a request made by the executive committee under paragraph 61(1)(b). Pending applications to territorial agencies and first nations 126. (1) This Act does not apply in respect of a project for which, before the coming into force of Part 2, an application was made to a territorial agency under a territorial law, or to a first nation under a first nation law or the first nation’s final agreement, for the issuance of an authorization, the grant of an interest in land or the grant of financial assistance, unless 2002-2003 Évaluation environnementale e (a) the project becomes subject to this Act by virtue of subsection 124(2) or 125(2); or (b) before the application is accepted, the territorial minister or the first nation, as the case may be, requires the applicant to submit a proposal under section 50. Projects already initiated (2) This Act does not apply in respect of any project that the territorial agency or first nation has initiated as proponent before the coming into force of Part 2 unless the project becomes subject to this Act by virtue of subsection 124(2) or 125(2). Consequential Amendments R.S., c. A-1 Access to Information Act 127. Schedule I to the Access to Information Act is amended by adding the following in alphabetical order under the heading ‘‘Other Government Institutions’’: Yukon Environmental and Socio-economic Assessment Board Office d’évaluation environnementale et socioéconomique du Yukon 128. Schedule II to the Act is amended by adding, in alphabetical order, a reference to Yukon Environmental and Socio-economic Assessment Act Loi sur l’évaluation environnementale et socioéconomique au Yukon and a corresponding reference to ‘‘paragraph 121(a)’’. R.S., c. P-21 Privacy Act 129. The schedule to the Privacy Act is amended by adding the following in alphabetical order under the heading ‘‘Other Government Institutions’’: Yukon Environmental and Socio-economic Assessment Board �� C. 7 Yukon Environmental and So Office d’évaluation environnementale et socioéconomique du Yukon 1994, c. 35 Yukon First Nations Self-Government Act 130. Section 13 of the Yukon First Nations Self-Government Act is amended by adding the following after subsection (2): Fines in relation to lands and environment (3) Notwithstanding subsection (2), until the earlier of the events referred to in that subsection, and to the extent provided by a first nation’s self-government agreement, a fine not exceeding $300,000 may be imposed on a person convicted of an offence under a law of the first nation enacted pursuant to paragraph 11(1)(c) in relation to (a) the use of settlement land and of natural resources on settlement land; or (b) the control or prevention of pollution and the protection of the environment. 1994, c. 43 Yukon Surface Rights Board Act 131. Section 5 of the Yukon Surface Rights Board Act is renumbered as subsection 5(1) and is amended by adding the following: Decision under Yukon Environmental and Socio-economic Assessment Act (2) The following prevail over an order of the Board respecting access, to the extent of any inconsistency or conflict between them: (a) a decision document issued under section 75, 76 or 77 of the Yukon Environmental and Socio-economic Assessment Act by a federal agency that the federal agency is required to implement under subsection 82(2) of that Act; (b) a decision document that is issued under those sections by the territorial minister, to the extent that a territorial agency or municipal government is required to implement it under subsection 83(2) of that Act; and (c) a decision document that is issued under those sections by a first nation, to the extent that the first nation is required to implement 2002-2003 Évaluation environnementale e it under subsections 84(2) and (3) of that Act. Coordinating Amendments Courts Administration Service Act and Yukon Act 132. (1) If section 116 of this Act and section 14 of the Courts Administration Service Act, chapter 8 of the Statutes of Canada, 2002, both come into force before section 40 of the Yukon Act, chapter 7 of the Statutes of Canada, 2002, then section 116 of this Act is replaced by the following on the later of the coming into force of that section and section 14 of the Courts Administration Service Act: Application for judicial review 116. Notwithstanding the exclusive jurisdiction referred to in section 18 of the Federal Courts Act, the Attorney General of Canada, the territorial minister or anyone directly affected by the matter in respect of which relief is sought may make an application to the Supreme Court of the Yukon Territory for any relief against the Board, a designated office, the executive committee, a panel of the Board, a joint panel or a decision body, by way of an injunction or declaration or by way of an order in the nature of certiorari, mandamus, quo warranto or prohibition. (2) If section 116 of this Act and section 40 of the Yukon Act, chapter 7 of the Statutes of Canada, 2002, both come into force before section 14 of the Courts Administration Service Act, chapter 8 of the Statutes of Canada, 2002, then section 116 of the English version of this Act is replaced by the following on the later of the coming into force of that section and section 40 of the Yukon Act: Application for judicial review 116. Notwithstanding the exclusive jurisdiction referred to in section 18 of the Federal Court Act, the Attorney General of Canada, the territorial minister or anyone directly affected by the matter in respect of which relief is sought may make an application to the Supreme Court of Yukon for any relief against the Board, a designated office, the executive committee, a panel of the Board, a joint panel or a decision body, by way of an injunction or �� C. 7 Yukon Environmental and So declaration or by way of an order in the nature of certiorari, mandamus, quo warranto or prohibition. (3) On the latest of the coming into force of section 116 of this Act, section 14 of the Courts Administration Service Act, chapter 8 of the Statutes of Canada, 2002, and section 40 of the Yukon Act, chapter 7 of the Statutes of Canada, 2002, section 116 of this Act is replaced by the following: Application for judicial review 116. Notwithstanding the exclusive jurisdiction referred to in section 18 of the Federal Courts Act, the Attorney General of Canada, the territorial minister or anyone directly affected by the matter in respect of which relief is sought may make an application to the Supreme Court of Yukon for any relief against the Board, a designated office, the executive committee, a panel of the Board, a joint panel or a decision body, by way of an injunction or declaration or by way of an order in the nature of certiorari, mandamus, quo warranto or prohibition. Yukon Act 133. (1) On the later of the day on which this Act is assented to and the day on which section 283 of the Yukon Act, chapter 7 of the Statutes of Canada, 2002 (the ‘‘other Act’’), comes into force, the portion of the definition ‘‘authorization’’ after paragraph (b) in subsection 2(1) of this Act is replaced by the following: but does not include an access order issued by a body established by territorial law and having jurisdiction with respect to surface rights, or a consent given by a first nation for access to settlement land in circumstances where an access order could be issued by that body. 2002-2003 Évaluation environnementale e (2) On the later of the day on which this Act is assented to and the day on which section 283 of the other Act comes into force, the definitions ‘‘federal agency’’, ‘‘settlement land’’ and ‘‘territorial agency’’ in subsection 2(1) of this Act are replaced by the following: ‘‘federal agency’’ « autorité fédérale » ‘‘federal agency’’ means a minister of the federal government or a person or body carrying out a function of government under a federal law other than the Yukon Act, the Yukon First Nations Self-Government Act or the Yukon First Nations Land Claims Settlement Act, but does not include the Governor in Council or an independent regulatory agency. ‘‘settlement land’’ « terres désignées » ‘‘settlement land’’ means land that is category A settlement land, category B settlement land or fee simple settlement land under a final agreement or under an order of a body established by territorial law and having jurisdiction with respect to surface rights, or land that is to be treated as such by virtue of a self-government agreement, and includes Tetlit Gwich’in Yukon land, but does not include water or mines and minerals defined to be non-settlement land. ‘‘territorial agency’’ « autorité territoriale » ‘‘territorial agency’’ means a member of the Executive Council of Yukon or a person or body carrying out a function of government under the Yukon Act, but does not include an independent regulatory agency, a municipal government or a body having jurisdiction with respect to surface rights. (3) On the later of the day on which this Act is assented to and the day on which section 1 of the other Act comes into force, the definition ‘‘Yukon’’ in subsection 2(1) of the English version of this Act is repealed. �� C. 7 Yukon Environmental and So (4) On the later of the coming into force of Part 2 of this Act and section 283 of the other Act, paragraph 81(1)(g) of this Act is replaced by the following: (g) a body established by territorial law and having jurisdiction with respect to surface rights, if an access order from that body is required for the project under territorial law; (5) On the later of the coming into force of Part 2 of this Act and section 284 of the other Act, (a) paragraph 81(1)(h) of this Act is replaced by the following: (h) a body established by territorial law and having jurisdiction in relation to rights in respect of waters, if the grant of rights from that body is required for the project under territorial law; and (b) section 86 of this Act is replaced by the following: Water licences 86. A body established by territorial law and having jurisdiction in relation to rights in respect of waters may not, under territorial law, (a) grant or renew rights in respect of waters contrary to a decision document issued by a federal agency or a decision document that is to be implemented by a territorial agency, municipal government or first nation under subsection 83(2) or 84(2) or (3); or (b) set terms of such rights that conflict with such a decision document, to the extent that the decision document is required to be implemented by a federal agency or a territorial agency, municipal government or first nation. (6) On the later of the coming into force of Part 2 of this Act and section 40 of the other Act, section 115 of the English version of this Act is replaced by the following: 2002-2003 Court reference by Board Évaluation environnementale e 115. At the request of a designated office, the executive committee, a panel of the Board, a joint panel or a decision body, the Board may refer a question of law or jurisdiction arising in any proceedings under this Act to the Supreme Court of Yukon. (7) If section 283 of the other Act comes into force before section 131 of this Act, section 131 of this Act and the heading before it are repealed. Order of Governor in Council Coming Into Force 134. Section 6, Part 2 and sections 124 to 126 and 131 come into force eighteen months after the day on which this Act receives royal assent or on any earlier day that may be fixed by order of the Governor in Council. �� C. 7 Yukon Environmental and Socio–ec SCHEDULE (Subsection 2(1) and section 123) PART 1 FEDERAL INDEPENDENT REGULATORY AGENCIES National Energy Board Office national de l’énergie PART 2 TERRITORIAL INDEPENDENT REGULATORY AGENCIES Published under authority of the Speaker of the House of Commons Available from: ������������� ����������������� ���������� ���������� Ottawa, Canada K1A 0S9 ��������� ����� ������������� ����������������� ���������� ����������� ������� ������� ��� ���

Second Session, Thirty-seventh Parliament, 51-52 Elizabeth II, 2002-2003 STATUTES OF CANADA 2003 CHAPTER 5 An Act to amend the Canada Pension Plan and the Canada Pension Plan Investment Board Act BILL C-3 ASSENTED TO 3rd APRIL, 2003 RECOMMENDATION Her Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled ‘‘An Act to amend the Canada Pension Plan and the Canada Pension Plan Investment Board Act’’. SUMMARY This enactment amends the Canada Pension Plan and the Canada Pension Plan Investment Board Act to (a) permit all amounts held to the credit of the Canada Pension Plan Account to be transferred to the Canada Pension Plan Investment Board, by repealing the requirement to maintain in the Account a three-month operating balance; (b) establish a means by which the Investment Board may be required to transfer funds to the government, to the credit of the Canada Pension Plan Account, so that the immediate obligations of the Account can be met; (c) transfer to the Investment Board, over a three-year period, the right, title or interest in each security held by the Minister of Finance, and establish the conditions on which the securities may be redeemed or replaced; (d) provide that the foreign property limit in the Income Tax Act applies to the Investment Board and its subsidiaries on a consolidated basis and to provide that the Investment Board will be considered to hold the property of its subsidiaries for the purpose of applying the foreign property limit; and (e) make housekeeping amendments to the Investment Board’s reporting requirements. ��� ������������� ������������ ��� ��������� �� ��� ������������� �������� ������������� �� ��� ��������� �������� ��������������������� 51-52 ELIZABETH II CHAPTER 5 An Act to amend the Canada Pension Plan and the Canada Pension Plan Investment Board Act [Assented to 3rd April, 2003] Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: R.S., c. C-8 CANADA PENSION PLAN 1996, c. 11, par. 95(b) 1. Section 91 of the Canada Pension Plan and the heading before it are replaced by the following: Definitions Interpretation 91. The following definitions apply in this Part. ‘‘Investment Board’’ « Office » ‘‘Investment Board’’ means the Canada Pension Plan Investment Board established by section 3 of the Canada Pension Plan Investment Board Act. ‘‘Minister’’ « ministre » ‘‘Minister’’ means the Minister of Human Resources Development. 2. Subsection 108(4) of the Act is replaced by the following: (4) No payment shall be made out of the Consolidated Revenue Fund under this section in excess of the total of Limitation (a) the amount of the balance to the credit of the Canada Pension Plan Account, and Management of Account (b) the fair market value of the assets of the Investment Board less its liabilities. 3. The Act is amended by adding the following after section 108: 108.1 (1) Any amounts standing to the credit of the Canada Pension Plan Account that exceed the immediate obligations of that Account shall be transferred to the Investment � C. 5 Canada Pen Board, unless any agreement entered into under section 111.1 provides otherwise. The amounts shall be paid out of the Consolidated Revenue Fund and charged to the Canada Pension Plan Account. Payment by Investment Board (2) The Minister may, by notice, and in accordance with any agreement entered into under section 111.1, require the Investment Board to pay into the Consolidated Revenue Fund any amount necessary to offset amounts charged or required to be charged to the Canada Pension Plan Account under subsection 108(3) and any interest charged under subsection 110(2). Interest (3) The Minister of Finance shall credit interest to the Canada Pension Plan Account at market rates, as determined by that Minister, on any amount standing to the credit of that Account. The interest shall be paid out of the Consolidated Revenue Fund. 4. (1) Subsection 109(1) of the Act is repealed. (2) Subsection 109(2) of the Act is replaced by the following: Amounts to be charged and credited to Account (2) There shall be paid out of the Consolidated Revenue Fund and charged to the Canada Pension Plan Account the cost of all securities purchased by the Minister of Finance under section 110, and there shall be paid into the Consolidated Revenue Fund and credited to the Canada Pension Plan Account the proceeds of redemption in whole or in part of any securities purchased by that Minister under that section. Matured securities — amounts to be charged to Fund (3) Where, on the maturity of a security of a province held to the credit of the Canada Pension Plan Investment Fund that was issued before January 1, 1998, the Minister of Finance does not purchase another security under subsection 110(3) or uses only a portion of the principal amount of the matured security to purchase another security, the principal amount of the matured security or the unused portion, as the case may be, shall be charged to the Canada Pension Plan Investment Fund. 2002-2003 Redemption before maturity — amounts to be charged to Fund Régime de pensi (4) Where the Minister of Finance, under subsection 110(6.4), redeems a security in whole or in part before maturity, the principal amount of the redeemed security, or the amount of the part that is redeemed, shall be charged to the Canada Pension Plan Investment Fund. (3) Subsections 109(2) to (4) of the Act are repealed. 1997, c. 40, s. 90(1) 5. (1) The portion of subsection 110(1) of the Act before the definition ‘‘appropriate provincial Minister’’ is replaced by the following: Definitions 110. (1) In this section and sections 113 and 117, 1997, c. 40, s. 90(3) (2) The definitions ‘‘Investment Board’’ and ‘‘operating balance’’ in subsection 110(1) of the Act are repealed. (3) Subsection 110(1) of the Act is repealed. (4) Subsection 110(2) of the Act is replaced by the following: Interest shall be charged to Account (2) The Minister of Finance shall charge interest to the Canada Pension Plan Account at market rates, as determined by that Minister, on any amount paid out of the Consolidated Revenue Fund under subsection 108(3) that exceeds the balance to the credit of the Canada Pension Plan Account. Interest shall be charged for the period beginning on the day on which the amount is paid out of the Consolidated Revenue Fund under subsection 108(3) and ending on the day on which the Investment Board pays that amount into the Consolidated Revenue Fund under section 56 of the Canada Pension Plan Investment Board Act. R.S., c. 30 (2nd Supp.), s. 55(2) (5) Subsection 110(2.1) of the Act is repealed. 1997, c. 40, s. 90(4) (6) Subsection 110(3) of the Act is replaced by the following: � Replacement security C. 5 Canada Pen (3) On the maturity of a security of a province held to the credit of the Canada Pension Plan Investment Fund that was issued before January 1, 1998, the Minister of Finance shall purchase another security issued by the province if requested to do so, in writing, by the appropriate provincial Minister of that province at least 30 days before the date of maturity. (7) Subsections 110(3) to (6.1) of the Act are repealed. 1997, c. 40, s. 90(4) (8) Subsections 110(6.2) and (6.3) of the Act are repealed. 2000, c. 14, s. 45 (9) The portion of subsection 110(6.4) of the Act before paragraph (a) is replaced by the following: Redemption at request of province (6.4) The Minister of Finance shall redeem a security in whole or in part before maturity if (10) Subsections 110(6.4) to (7) of the Act are repealed. (11) Subsection 110(8) of the Act is repealed. 1997, c. 40, s. 91 6. Section 111 of the Act is repealed. 1997, c. 40, s. 91 7. Section 111.1 of the Act is replaced by the following: Administration agreement 111.1 (1) The Minister of Finance may, on terms and conditions satisfactory to the Minister , enter into an agreement with the Investment Board with respect to the administration of any matter referred to in sections 107.1 to 110, including the payment of amounts out of the Consolidated Revenue Fund to the Investment Board, and the payment of amounts by the Investment Board into the Consolidated Revenue Fund. Administration agreement (2) The Minister of Finance may enter into an agreement with the Investment Board with respect to the administration of any matter referred to in section 113. 1997, c. 40, s. 91 8. Paragraphs 112(1)(a) and (b) of the Act are replaced by the following: (a) a statement of the amounts credited to or charged to the Canada Pension Plan Account during the year; 2002-2003 Régime de pensi (b) a statement consolidating the accounts of the Canada Pension Plan Account and the Investment Board for the year; and 9. (1) Paragraph 113(1)(b) of the Act is replaced by the following: (b) the Minister of Finance shall pay an amount calculated as provided in subsection (2) to the government of that province, by the transfer to that government in the first instance and to the extent necessary for that purpose, of securities of that province that are designated securities as defined in section 2 of the Canada Pension Plan Investment Board Act , and in the second instance and to the extent necessary for that purpose, of securities of Canada that are designated securities as defined in section 2 of that Act , and by the payment to that government of any balance then remaining in any manner that may be prescribed. (2) Section 113 of the Act is amended by adding the following after subsection (1): Payment by Investment Board (1.1) The Minister of Finance may, by notice, and in accordance with any agreement entered into under section 111.1, require the Investment Board to pay to that Minister any amount that the Minister considers necessary for the purposes of subsection (1). Rights in securities extinguished (1.2) For greater certainty, where the Minister of Finance transfers to the government of a province a security of that province or of Canada, any right, title or interest of the Investment Board in the security is extinguished. (3) Subsections 113(1.1) and (1.2) of the Act are replaced by the following: Transfer by Investment Board (1.1) The Minister of Finance may, by notice, and in accordance with any agreement entered into under section 111.1, require the Investment Board to pay to that Minister any amount, and to transfer to that Minister any securities of the province or of Canada referred to in paragraph (1)(b) , that are necessary for the purposes of subsection (1). � C. 5 Canada Pen 10. Paragraph 114(4)(e) of the Act is replaced by the following: (e) the management or operation of the Canada Pension Plan Account, or 11. Section 117 of the Act is amended by adding the following after subsection (3): Definition of ‘‘appropriate provincial Minister’’ 1997, c. 40 (4) In this section, ‘‘appropriate provincial Minister’’, in respect of a province, means the province’s minister of the Crown who has primary responsibility for that province’s finances. CANADA PENSION PLAN INVESTMENT BOARD ACT 12. (1) Section 2 of the Canada Pension Plan Investment Board Act is amended by adding the following in alphabetical order: ‘‘designated security’’ « titre désigné » ‘‘designated security’’ means (a) an obligation (i) that, before April 1, 1998, was held to the credit of the Canada Pension Plan Investment Fund, as established under subsection 109(1) of the Canada Pension Plan, (ii) that, as applied to Canada, is an obligation of the Government of Canada and, as applied to a province, is an obligation of the government of the province or an obligation of any agent of Her Majesty in right of the province that is guaranteed as to principal and interest by that government, and (iii) that complies with the conditions that were set out in section 111 of the Canada Pension Plan as that section read immediately before April 1, 1998; or (b) an obligation that (i) is, on or after April 1, 1998, purchased by the Minister of Finance under section 110 of the Canada Pension Plan, and (ii) is an obligation of the government of a province or an obligation of any 2002-2003 Régime de pensi agent of Her Majesty in right of a province that is guaranteed as to principal and interest by that government. (2) Subparagraph (b)(i) of the definition ‘‘designated security’’ in section 2 of the Act is replaced by the following: (i) on or after April 1, 1998, was purchased by the Minister of Finance under section 110 of the Canada Pension Plan or is purchased by the Board under section 6.1 , and 13. Section 5 of the Act is replaced by the following: Objects 5. The objects of the Board are (a) to assist the Canada Pension Plan in meeting its obligations to contributors and beneficiaries under the Canada Pension Plan; (b) to manage any amounts transferred to it under section 108.1 of the Canada Pension Plan, and its right, title or interest in any designated securities , in the best interests of the contributors and beneficiaries under that Act; and (c) to invest its assets with a view to achieving a maximum rate of return, without undue risk of loss, having regard to the factors that may affect the funding of the Canada Pension Plan and the ability of the Canada Pension Plan to meet its financial obligations on any given business day . 14. The Act is amended by adding the following after section 6: DESIGNATED SECURITIES Replacement security 6.1 (1) On the maturity of a designated security of a province that was issued before January 1, 1998, the Board shall purchase another security issued by that province if the Board is requested to do so, in writing, by the appropriate provincial Minister of that province at least 30 days before the date of maturity. � C. 5 Canada Pen Principal amount (2) The principal amount of the replacement security shall be not more than the principal outstanding under the maturing designated security. Term to maturity (3) The replacement security shall be for a term of 20 years. Interest (4) The replacement security shall bear interest at a rate fixed by the Board, in accordance with any agreement entered into between the Board and the Minister. The rate shall be substantially the same as the interest rate that the province would be required to pay if it were to borrow the same amount for the same term through the issuance of a security on the public capital market. Features of replacement security (5) The replacement security shall be issued to or payable to the Board and shall be expressed to be not negotiable and not transferable or assignable. Redemption at request of province (6) The Board shall redeem a designated security in whole or in part before maturity if (a) the Board is requested to do so, in writing, by the appropriate provincial Minister of a province at least 30 days before the proposed redemption date; and (b) the appropriate provincial Minister has agreed to pay on the proposed redemption date (i) any payments of principal or interest due on or before the proposed redemption date but not yet paid, (ii) interest on the principal amount being redeemed accrued to the proposed redemption date, and (iii) an amount equal to the present value of the remaining instalments of principal being redeemed and interest on that principal. Calculation of present value (7) For the purposes of subparagraph (6)(b)(iii), the present value shall be calculated by discounting the instalments of principal being redeemed and interest on that principal using an interest rate fixed by the 2002-2003 Régime de pensi Board, in accordance with any agreement entered into between the Board and the Minister of Finance. In fixing that rate, the Board shall choose a rate that (a) if the designated security to be redeemed was issued before January 1, 1998, is substantially the same as the rate that the Government of Canada would be required to pay if it were to borrow the principal amount being redeemed for a term equal to the remaining term of that designated security through the issuance of a security on the public capital market; or (b) if the designated security to be redeemed was issued on or after January 1, 1998, is substantially the same as the rate that the province would be required to pay if it were to borrow the principal amount being redeemed for a term equal to the remaining term of that designated security through the issuance of a security on the public capital market. Consolidation of securities (8) At the request of the provincial treasurer or other similar officer of a province, the Board may accept in the place of any series of designated securities of that province acquired during any consecutive period of not more than twelve months, on payment of any interest then accrued on the securities, another security of that province that is in an amount equal to the aggregate amount then outstanding of the designated securities of that series, and that bears interest at a rate determined by the Board. Obligation guaranteed by the provincial government (9) Any security purchased by the Board under this section must be an obligation of the government of a province or an obligation of an agent of Her Majesty in right of a province that is guaranteed as to principal and interest by that government. 15. Section 37 of the Act is replaced by the following: Income Tax Act 37. The Board and its subsidiaries shall invest their assets in such a way that tax would not be payable by the Board under subsection 206(2) of the Income Tax Act if �� C. 5 Canada Pen (a) Part XI of that Act applied to the Board; and (b) each subsidiary were a corporation that had made a valid election under section 259 of that Act. 16. Section 50 of the Act is replaced by the following: Statements to go to Ministers 50. (1) The Board shall send copies of the financial statements for the first, second and third quarters of the financial year , prepared in accordance with subsection 39(6), to the Minister and the appropriate provincial Ministers within 45 days after the end of the three-month period to which they relate . Statements to be made public (2) Within seven days after the financial statements are sent as required under subsection (1), the Board shall make the statements available to the public. 17. Subsection 51(1) of the Act is replaced by the following: Annual report required 51. (1) The Board shall as soon as possible, but in any case within 60 days, after the end of each financial year provide the Minister and the appropriate provincial Ministers with an annual report on the operations of the Board in that year and the Board shall make copies of the report available to the public. 18. (1) Section 56 of the Act is replaced by the following: Duty of Board 56. The Board shall pay into the Consolidated Revenue Fund, for credit to the Canada Pension Plan Account established under subsection 108(1) of the Canada Pension Plan, any amount required under subsection 108.1(2) or 113(1.1) of that Act. (2) Section 56 of the Act is renumbered as subsection 56(1) and is amended by adding the following: Transfer of securities (2) The Board shall transfer to the Minister any designated securities of a province or of Canada that the Minister requires under subsection 113(1.1) of the Canada Pension Plan. 2002-2003 Régime de pensi TRANSITIONAL PROVISIONS Transfer of securities to the Board 19. (1) On the first day of each month after the coming into force of this section, 1/36 of the right, title or interest of the Minister of Finance in each security that was purchased by the Minister under section 110 of the Canada Pension Plan, and that is held by that Minister on the first day of the first month following the coming into force of this section, is transferred to the Canada Pension Plan Investment Board established under section 3 of the Canada Pension Plan Investment Board Act (‘‘the Board’’). Transfer of replacement securities (2) If a security referred to in subsection (1) is replaced within the 36-month period beginning on the first day of the first month following the coming into force of this section, (a) the Board is deemed to have acquired a right, title or interest in the replacement security in the same proportion as the right, title or interest it had acquired in the security being replaced; and (b) on the first day of each month after the day on which the replacement security is purchased, for each month then remaining in the 36-month period, an equal portion of the right, title or interest of the Minister of Finance in the replacement security is transferred to the Board, so that the replacement security is fully transferred to the Board on the same day as the security that it replaced would have been fully transferred. Rights extinguished (3) If a security referred to in subsection (1) is redeemed during the 36-month period referred to in subsection (2) and is not replaced, any right, title or interest of the Board in the security is extinguished. COMING INTO FORCE Coming into force 20. (1) Subject to subsection (2), the provisions of this Act, and the provisions of any Act as enacted by this Act, come into force in accordance with subsection 114(4) of the Canada Pension Plan on a day or days �� Exception C. 5 Canada Pen to be fixed by order of the Governor in Council. (2) Despite subsection 114(4) of the Canada Pension Plan, (a) subsections 4(1) and (3), 5(3), (5), (7) and (10) and 9(1) and (3), sections 10 and 11, subsection 12(2), section 14 and subsection 18(2) come into force on the day that is three years after the day on which section 19 comes into force; and (b) section 8 comes into force on the day that is four years after the day on which section 19 comes into force. Published under authority of the Speaker of the House of Commons Available from: ������������� ����������������� ���������� ���������� Ottawa, Canada K1A 0S9 ��������� ����� ������������� ����������������� ���������� ����������� ������� ������� ��� ���

Second Session, Thirty-seventh Parliament, 51-52 Elizabeth II, 2002-2003 STATUTES OF CANADA 2003 CHAPTER 11 An Act respecting a National Acadian Day BILL S-5 ASSENTED TO 19th JUNE, 2003 SUMMARY This enactment designates the 15th day of August in each and every year as ‘‘National Acadian Day’’. ��� ������������� ������������ ��� ��������� �� ��� ������������� �������� ������������� �� ��� ��������� �������� ��������������������� 51-52 ELIZABETH II CHAPTER 11 An Act respecting a National Acadian Day [Assented to 19th June, 2003] Preamble WHEREAS Acadians, in view of their origin, history and development, constitute the first permanent settlement from France in Canada and now reside in most of the provinces and territories of Canada; WHEREAS the Acadian people have contributed, for nearly 400 years, to the economic, cultural and social vitality of Canada; WHEREAS August 15 has been, since 1881, the day on which Acadians celebrate National Acadian Day; WHEREAS the Acadian people’s identity is defined by their language, their culture and their customs; WHEREAS it is in the interest of all Canadians to be able to share in the rich historical and cultural heritage of Acadians and to become more familiar with all its aspects, both traditional and contemporary; AND WHEREAS it is important to encourage Acadians to be proud of their heritage; Short title Definition NOW, THEREFORE, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: 1. This Act may be cited as the National Acadian Day Act. 2. In this Act, ‘‘National’’ means that it relates to all Canadians throughout Canada. C. 11 � National Acadian Day National Ac 3. Throughout Canada, in each and every year, the 15th day of August shall be known under the name of ‘‘National Acadian Day’’. Published under authority of the Speaker of the House of Commons Available from: ������������� ����������������� ���������� ���������� Ottawa, Canada K1A 0S9 ��������� ����� ������������� ����������������� ���������� ����������� ������� ������� ��� ���

Second Session, Thirty-seventh Parliament, 51-52 Elizabeth II, 2002-2003 STATUTES OF CANADA 2003 CHAPTER 10 An Act to amend the Lobbyists Registration Act BILL C-15 ASSENTED TO 11th JUNE, 2003 SUMMARY This enactment amends the Lobbyists Registration Act by removing the words ‘‘in an attempt to influence’’ in respect of the communications referred to in the registration provisions, and by removing the exception for communications made in response to requests by public office holders. It also provides that communications that are restricted to requests for information are not subject to the Act. The enactment requires that all lobbyists file a return every six months, and imposes most of the registration obligations that apply to in-house lobbyists for organizations on in-house lobbyists for corporations. ��� ������������� ������������ ��� ��������� �� ��� ������������� �������� ������������� �� ��� ��������� �������� ��������������������� 51-52 ELIZABETH II CHAPTER 10 An Act to amend the Lobbyists Registration Act [Assented to 11th June, 2003] Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: R.S., c. 44 (4th Supp.) LOBBYISTS REGISTRATION ACT 1. The third paragraph of the preamble of the Lobbyists Registration Act is replaced by the following: AND WHEREAS it is desirable that public office holders and the public be able to know who is engaged in lobbying activities; 1995, c. 12, s. 1(1) 2. Paragraph (d) of the definition ‘‘organization’’ in subsection 2(1) of the Act is replaced by the following: (d) a partnership, trust, association, charitable society, coalition or interest group, 1994, c. 35, s. 36; 2000, c. 7, s. 24 3. (1) Paragraphs 4(1)(d.1) and (d.2) of the Act are replaced by the following: (d.1) members of an aboriginal government or institution that exercises jurisdiction or authority under a self-government agreement, or under self-government provisions contained in a land claims agreement, given effect by or under an Act of Parliament, � C. 10 Lobbyists Re persons on the staff of those members or employees of that government or institution; 1995, c. 12, s. 2(2) (2) Paragraphs 4(2)(b) and (c) of the Act are replaced by the following: (b) any oral or written communication made to a public office holder by an individual on behalf of any person or organization with respect to the enforcement, interpretation or application of any Act of Parliament or regulation by that public office holder with respect to that person or organization; or (c) any oral or written communication made to a public office holder by an individual on behalf of any person or organization if the communication is restricted to a request for information. 1995, c. 12, s. 3 4. (1) Subsection 5(1) of the Act is replaced by the following: Requirement to file return 5. (1) An individual shall file with the registrar, in the prescribed form and manner, a return setting out the information referred to in subsection (2), if the individual, for payment, on behalf of any person or organization (in this section referred to as the ‘‘client’’), undertakes to (a) communicate with a public office holder in respect of (i) the development of any legislative proposal by the Government of Canada or by a member of the Senate or the House of Commons, (ii) the introduction of any Bill or resolution in either House of Parliament or the passage, defeat or amendment of any Bill or resolution that is before either House of Parliament, (iii) the making or amendment of any regulation as defined in subsection 2(1) of the Statutory Instruments Act, (iv) the development or amendment of any policy or program of the Government of Canada, 2002-2003 Enregistrement (v) the awarding of any grant, contribution or other financial benefit by or on behalf of Her Majesty in right of Canada, or (vi) the awarding of any contract by or on behalf of Her Majesty in right of Canada; or Time limits for filing returns (b) arrange a meeting between a public office holder and any other person. (1.1) An individual shall file a return (a) not later than ten days after entering into an undertaking referred to in subsection (1); and (b) subject to subsections (1.2) and (1.3), not later than thirty days after the expiry of every six-month period after the day on which a return is filed under paragraph (a). Exception if change provided Completion or termination of undertaking 1995, c. 12, s. 3; 1999, c. 31, s. 163(F) 1995, c. 12, s. 3 (1.2) Where an individual provides a change to information or newly acquired information under subsection (3), a return under paragraph (1.1)(b) shall be filed not later than thirty days after the expiry of every six-month period after the last day on which a change or newly acquired information is provided under that subsection. (1.3) An individual is not required to file a return under paragraph (1.1)(b) with respect to an undertaking if the individual completes or terminates the undertaking and advises the registrar of that fact in the prescribed form and manner before the expiry of the period within which the return must be filed under that paragraph. (2) Paragraph 5(2)(e.1) of the Act is replaced by the following: (e.1) if the client is funded in whole or in part by a government or government agency, the name of the government or agency, as the case may be, and the amount of funding received; (3) Paragraph 5(2)(f) of the Act is replaced by the following: (f) particulars to identify the subject-matter in respect of which the individual undertakes to communicate with a public office holder or to arrange a meeting, and any other information respecting the subjectmatter that is prescribed; � 1995, c. 12, s. 3 C. 10 Lobbyists Re (4) Paragraph 5(2)(g) of the French version of the Act is replaced by the following: g) le fait, le cas échéant, que le paiement est constitué en tout ou en partie d’honoraires conditionnels et donc subordonné à l’influence qu’il réussit à exercer sur l’une des mesures visées aux sous-alinéas (1)a)(i) à (vi); 1995, c. 12, s. 3 (5) Paragraphs 5(2)(i) and (j) of the Act are replaced by the following: (h.1) if the individual is a former public officer holder, a description of the offices held; (i) the name of any department or other governmental institution in which any public office holder with whom the individual communicates or expects to communicate in respect of any matter described in subparagraphs (1)(a)(i) to (vi) or with whom a meeting is, or is to be, arranged, is employed or serves; (j) if the individual undertakes to communicate with a public office holder in respect of any matter described in subparagraphs (1)(a)(i) to (vi), particulars to identify any communication technique that the individual uses or expects to use in connection with the communication with the public office holder, including any appeals to members of the public through the mass media or by direct communication that seek to persuade those members of the public to communicate directly with a public office holder in an attempt to place pressure on the public office holder to endorse a particular opinion (in this Act referred to as ‘‘grass-roots communication’’); and 1995, c. 12, s. 3 (6) Subsection 5(4) of the Act is repealed. 1995, c. 12, s. 3 (7) Subsection 5(7) of the Act is replaced by the following: For greater certainty (7) For greater certainty, an individual who undertakes to communicate with a public office holder as described in paragraph (1)(a) is not required to file more than one return with respect to the undertaking, even though 2002-2003 Enregistrement the individual, in connection with that undertaking, communicates with more than one public office holder or communicates with one or more public office holders on more than one occasion. 1995, c. 12, s. 3; 1999, c. 21, s. 164(F) 5. Section 6 of the Act and the heading before it are repealed. 1995, c. 12, s. 3 6. The heading before section 7 of the Act is replaced by the following: In-house Lobbyists (Corporations and Organizations) 1995, c. 12, s. 3 7. (1) Subsections 7(1) to (4) of the Act are replaced by the following: Requirement to file return 7. (1) The officer responsible for filing returns for a corporation or organization shall file with the registrar, in the prescribed form and manner, a return setting out the information referred to in subsection (3) if (a) the corporation or organization employs one or more individuals any part of whose duties is to communicate with public office holders on behalf of the employer or, if the employer is a corporation, on behalf of any subsidiary of the employer or any corporation of which the employer is a subsidiary, in respect of (i) the development of any legislative proposal by the Government of Canada or by a member of the Senate or the House of Commons, (ii) the introduction of any Bill or resolution in either House of Parliament or the passage, defeat or amendment of any Bill or resolution that is before either House of Parliament, (iii) the making or amendment of any regulation as defined in subsection 2(1) of the Statutory Instruments Act, (iv) the development or amendment of any policy or program of the Government of Canada, or (v) the awarding of any grant, contribution or other financial benefit by or on behalf of Her Majesty in right of Canada; and � C. 10 Lobbyists Re (b) those duties constitute a significant part of the duties of one employee or would constitute a significant part of the duties of one employee if they were performed by only one employee. Time limits for filing returns (2) The officer responsible for filing returns shall file a return (a) not later than two months after the day on which the requirement to file a return first arises under subsection (1); and (b) subject to subsection (2.1), not later than thirty days after the expiry of every sixmonth period after the day on which a return is filed under paragraph (a). Termination of activities (2.1) The officer responsible for filing returns is not required to file a return under paragraph (2)(b) if (a) the employer no longer employs any employees whose duties are as described in paragraphs (1)(a) and (b); and (b) the officer responsible for filing returns advises the registrar of the circumstances described in paragraph (a) in the prescribed form and manner before the expiry of the period within which the return must be filed under paragraph (2)(b). Contents of return (3) The return shall set out the following information: (a) the name and business address of the officer responsible for filing returns; (b) the name and business address of the employer; (b.1) if the employer is a corporation, the name and business address of every subsidiary of the corporation that, to the knowledge of the officer responsible for filing returns, has a direct interest in the outcome of an employee’s activities on behalf of the employer in respect of any matter described in subparagraphs (1)(a)(i) to (v); (b.2) if the employer is a corporation that is a subsidiary of any other corporation, the name and business address of that other corporation; (c) a description in summary form of the employer’s business or activities and any 2002-2003 Enregistrement other information to identify its business or activities that is prescribed; (d) if the employer is an organization, a description of the organization’s membership and any other information to identify its membership that is prescribed; (e) if the employer is funded in whole or in part by a government or government agency, the name of the government or agency, as the case may be, and the amount of funding received; (f) if the employer is an organization, the name of each employee any part of whose duties is as described in paragraph (1)(a); (f.1) if the employer is a corporation, the name of (i) each senior officer any part of whose duties is as described in paragraph (1)(a), and (ii) any other employee any part of whose duties is as described in paragraph (1)(a), if that part constitutes a significant part of the duties of that employee; (g) if the return is filed under paragraph (2)(a), particulars to identify the subjectmatter of any communication between any employee named in the return and a public office holder in respect of any matter described in subparagraphs (1)(a)(i) to (v) during the period between the date on which the requirement to file a return first arises under subsection (1) and the date of filing, and any other information respecting that subject-matter that is prescribed; (h) if the return is filed under paragraph (2)(b), particulars to identify the subjectmatter of any communication between any employee named in the return and a public office holder in respect of any matter described in subparagraphs (1)(a)(i) to (v) during a six-month period referred to in paragraph (2)(b) and any other information respecting that subject-matter that is prescribed; (h.1) if any employee named in the return communicates with a public office holder in respect of any matter described in subpara� C. 10 Lobbyists Re graphs (1)(a)(i) to (v) during the period between the expiry of a six-month period referred to in paragraph (2)(b) and the date on which the return is filed under that paragraph, particulars to identify the subject-matter of the communication and any other information respecting that subjectmatter that is prescribed; (h.2) if any employee named in the return is expected to communicate with a public office holder in respect of any matter described in subparagraphs (1)(a)(i) to (v) during the six-month period after the date of filing under paragraph (2)(a), or during the six-month period after the expiry of a six-month period referred to in paragraph (2)(b), particulars to identify the subjectmatter of the communication and any other information respecting that subject-matter that is prescribed; (h.3) if any employee named in the return is a former public office holder, a description of the offices held; (i) particulars to identify any relevant legislative proposal, Bill, resolution, regulation, policy, program, grant, contribution or financial benefit; (j) the name of any department or other governmental institution in which a public office holder is employed or serves, if any employee named in the return, (i) communicates with the public office holder in respect of any matter described in subparagraphs (1)(a)(i) to (v) during the period referred to in paragraph (g), (h) or (h.1), or (ii) is expected to communicate with the public office holder in respect of any matter described in subparagraphs (1)(a)(i) to (v) during either of the periods referred to in paragraph (h.2); (k) particulars to identify any communication technique, including grass-roots communication within the meaning of paragraph 5(2)(j), that any employee named in the return 2002-2003 Enregistrement (i) uses in connection with any communication in respect of any matter described in subparagraphs (1)(a)(i) to (v) during the period referred to in paragraph (g), (h) or (h.1), or (ii) is expected to use in connection with any communication in respect of any matter described in subparagraphs (1)(a)(i) to (v) during either of the periods referred to in paragraph (h.2); and (l) any other information that is prescribed that relates to the identity of the officer responsible for filing returns, the employer, any subsidiary referred to in paragraph (b.1), any corporation referred to in paragraph (b.2) of which the employer is a subsidiary, any employee referred to in paragraph (f) or (f.1) or any department or institution referred to in paragraph (j). Changes to information (4) If an employee who has been named in a return no longer performs any of the duties described in paragraph (1)(a) or is no longer employed by the employer, the officer responsible for filing returns shall, in the prescribed form and manner, not later than thirty days after the change occurs, advise the registrar of the change. 1995, c. 12, s. 3 (2) Subsection 7(5) of the English version of the Act is replaced by the following: Information requested by registrar (5) If the registrar requests information to clarify any information that has been provided to the registrar under this section, the officer responsible for filing returns shall, in the prescribed form and manner, not later than thirty days after the request is made, provide the registrar with the information. 1995, c. 12, s. 3 (3) The definition ‘‘premier dirigeant’’ in subsection 7(6) of the French version of the Act is repealed. 1995, c. 12, s. 3 (4) The definition ‘‘senior officer’’ in subsection 7(6) of the English version of the Act is replaced by the following: ‘‘senior officer’’ « cadre dirigeant » ‘‘senior officer’’, in respect of a corporation, means �� C. 10 Lobbyists Re (a) a chief executive officer, chief operating officer or president of the corporation, or (b) any other officer who reports directly to the chief executive officer, chief operating officer or president of the corporation. (5) Subsection 7(6) of the Act is amended by adding the following in alphabetical order: ‘‘officer responsible for filing returns’’ « déclarant » ‘‘officer responsible for filing returns’’ means the employee who holds the most senior office in a corporation or organization and is compensated for the performance of their duties; (6) Subsection 7(6) of the French version of the Act is amended by adding the following in alphabetical order: « cadre dirigeant » ‘‘senior officer’’ « cadre dirigeant » S’entend : a) du premier dirigeant, du directeur de l’exploitation ou du président de la personne morale; b) de tout autre dirigeant qui relève directement du premier dirigeant, du directeur de l’exploitation ou du président de la personne morale. 1995, c. 12, s. 5 8. Subsection 10.2(1) of the Act is replaced by the following: Lobbyists’ Code of Conduct 10.2 (1) The Ethics Counsellor shall develop a Lobbyists’ Code of Conduct respecting the activities described in subsections 5(1) and 7(1). 1995, c. 12, s. 5 9. Subsection 10.3(1) of the Act is replaced by the following: Compliance with Code 10.3 (1) The following individuals shall comply with the Code: (a) an individual who is required to file a return under subsection 5(1); and (b) an employee who, in accordance with paragraph 7(3)(f) or (f.1), is named in a return filed under subsection 7(1). 1995, c. 12, s. 5 10. (1) Subparagraph 10.4(2)(a)(ii) of the Act is replaced by the following: 2002-2003 Enregistrement (ii) compel persons to produce any documents or other things that the Ethics Counsellor considers necessary for the investigation, including any record of a payment received, disbursement made or expense incurred by an individual who is required to file a return under subsection 5(1) or by an employee who, in accordance with paragraph 7(3)(f) or (f.1), is named in a return filed under subsection 7(1), in respect of any matter referred to in any of subparagraphs 5(1)(a)(i) to (vi) or 7(1)(a)(i) to (v), as the case may be; and (2) Subsection 10.4(6) of the Act is amended by striking out the word ‘‘or’’ at the end of paragraph (a), by adding the word ‘‘or’’ at the end of paragraph (b) and by adding the following after paragraph (b): (c) the Ethics Counsellor believes on reasonable grounds that the disclosure is necessary for the purpose of advising a peace officer having jurisdiction to investigate an alleged offence under this or any other Act of Parliament or of the legislature of a province. (3) Section 10.4 of the Act is amended by adding the following after subsection (6): Advice to peace officers (7) If, during the course of performing duties and functions under this section, the Ethics Counsellor believes on reasonable grounds that a person has committed an offence under this or any other Act of Parliament or of the legislature of a province, the Ethics Counsellor shall advise a peace officer having jurisdiction to investigate the alleged offence. Suspension of investigation (8) The Ethics Counsellor must immediately suspend an investigation under this section of an alleged breach of the Code by any person if �� C. 10 Lobbyists Re (a) the Ethics Counsellor believes on reasonable grounds that the person has committed an offence under this or any other Act of Parliament or of the legislature of a province in respect of the same subjectmatter; or (b) it is discovered that the subject-matter of the investigation under this section is also the subject-matter of an investigation to determine whether an offence referred to in paragraph (a) has been committed or that a charge has been laid with respect to that subject-matter. Investigation continued (9) The Ethics Counsellor may not continue an investigation under this section until any investigation or charge regarding the same subject-matter has been finally disposed of. 1995, c. 12, s. 5 11. Subsection 10.5(2) of the Act is replaced by the following: Contents of report (2) The report may contain details of any payment received, disbursement made or expense incurred by an individual who is required to file a return under subsection 5(1) or by an employee who, in accordance with paragraph 7(3)(f) or (f.1), is named in a return filed under subsection 7(1), in respect of any matter referred to in any of subparagraphs 5(1)(a)(i) to (vi) or 7(1)(a)(i) to (v), as the case may be, if the Ethics Counsellor considers publication of the details to be in the public interest. 1995, c. 12, s. 7 12. Paragraph 12(a) of the Act is replaced by the following: (a) requiring a fee to be paid on the filing of a return or a return of a class of returns under section 5 or 7, or for any service performed or the use of any facility provided by the registrar, and prescribing the fee or the manner of determining it; 13. The Act is amended by adding the following after section 14: 2002-2003 Enregistrement REVIEW BY PARLIAMENT Review of Act by parliamentary committee 14.1 (1) A comprehensive review of the provisions and operation of this Act must be undertaken, every five years after this section comes into force, by the committee of the Senate, of the House of Commons, or of both Houses of Parliament, that may be designated or established for that purpose. Review and report (2) The committee referred to in subsection (1) must, within a year after the review is undertaken or within any further period that the Senate, the House of Commons, or both Houses of Parliament, as the case may be, may authorize, submit a report on the review to Parliament that includes a statement of any changes to this Act or its operation that the committee recommends. TRANSITIONAL PROVISIONS Interpretation Definitions 14. The following definitions apply in sections 15 to 17. ‘‘new Act’’ « nouvelle loi » ‘‘new Act’’ means the Lobbyists Registration Act as it reads on the day on which this Act comes into force. ‘‘old Act’’ « ancienne loi » ‘‘old Act’’ means the Lobbyists Registration Act as it read immediately before the day on which this Act comes into force. Filings by Consultant Lobbyists Requirement to file return 15. (1) Subject to subsection (2), if, on the day on which this Act comes into force, an individual is engaged in an undertaking described in subsection 5(1) of the new Act, the individual shall, not later than two months after the day on which this Act comes into force, file a return with respect to the undertaking with the registrar in accordance with subsection 5(1) of the new Act. Exception (2) An individual is deemed to have filed a return with respect to an undertaking in accordance with subsection (1) if (a) the individual filed a return with respect to the undertaking in accordance with subsection 5(1) of the old Act within the five months before the day on which this Act comes into force; �� C. 10 Lobbyists Re (b) there is no change to the information provided in the return referred to in paragraph (a); and (c) the individual has no knowledge of any information required to be provided under subsection 5(2) of the new Act that was not provided in the return referred to in paragraph (a). Deemed date of filing (3) For the purpose of paragraph 5(1.1)(b) of the new Act, the day on which a return referred to in subsection (1) or paragraph (2)(a) is filed is deemed to be the date of filing a return under paragraph 5(1.1)(a) of the new Act. Filings by In-house Lobbyists (Corporations) Requirement to file return 16. If, on the day on which this Act comes into force, a corporation employs one or more employees whose duties are as described in paragraphs 7(1)(a) and (b) of the new Act, the officer responsible for filing returns, as defined in subsection 7(6) of the new Act, shall, not later than two months after the day on which this Act comes into force, file a return with the registrar in accordance with subsection 7(1) of the new Act. Filings by In-house Lobbyists (Organizations) Requirement to file return 17. (1) Subject to subsection (2), if, on the day on which this Act comes into force, an organization employs one or more employees whose duties are as described in paragraphs 7(1)(a) and (b) of the new Act, the officer responsible for filing returns, as defined in subsection 7(6) of the new Act, shall, not later than two months after the day on which this Act comes into force, file a return with the registrar in accordance with subsection 7(1) of the new Act. Exception (2) An officer responsible for filing returns for an organization is deemed to have filed a return in accordance with subsection (1) if (a) the senior officer of the organization, as defined in subsection 7(6) of the old 2002-2003 Enregistrement Act, filed a return in accordance with subsection 7(1) of the old Act within the five months before the day on which this Act comes into force; (b) there is no change to the information provided in the return referred to in paragraph (a); and (c) the officer responsible for filing returns has no knowledge of any information required to be provided under subsection 7(3) of the new Act that was not provided in the return referred to in paragraph (a). Deemed date of filing (3) For the purpose of paragraph 7(2)(b) of the new Act, the day on which a return referred to in subsection (1) or paragraph (2)(a) is filed is deemed to be the date of filing a return under paragraph 7(2)(a) of the new Act. COMING INTO FORCE Coming into force 18. This Act comes into force on a day to be fixed by order of the Governor in Council. Published under authority of the Speaker of the House of Commons Available from: ������������� ����������������� ���������� ���������� Ottawa, Canada K1A 0S9 ��������� ����� ������������� ����������������� ���������� ����������� ������� ������ ��� ���

Second Session, Thirty-seventh Parliament, 51-52 Elizabeth II, 2002-2003 STATUTES OF CANADA 2003 CHAPTER 12 An Act to amend the Pension Act and the Royal Canadian Mounted Police Superannuation Act BILL C-31 ASSENTED TO 19th JUNE, 2003 RECOMMENDATION Her Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled ‘‘An Act to amend the Pension Act and the Royal Canadian Mounted Police Superannuation Act’’. SUMMARY This enactment amends the Pension Act and the Royal Canadian Mounted Police Superannuation Act to recognize, for the purpose of pension benefits under the Pension Act, service as part of a ‘‘special duty operation’’. Members of the Canadian Forces and the RCMP serving as part of a special duty operation, or their survivors, will be provided, in the event of the member’s disability or death, with the same pension coverage as that currently provided in respect of service in a ‘‘special duty area’’. The existing power of the Governor in Council to designate ‘‘special duty areas’’ is transferred to the Minister of National Defence (in the case of the Pension Act) and to the Solicitor General of Canada (in the case of the Royal Canadian Mounted Police Superannuation Act). Those respective Ministers are also empowered to designate ‘‘special duty operations’’, which are not required to be defined in terms of a specific geographical area. A designation of a ‘‘special duty area’’ or ‘‘special duty operation’’ may be made only if the Canadian Forces or RCMP members are deployed into conditions of elevated risk. In all cases, there must be prior consultation with the Minister of Veterans Affairs. ��� ������������� ������������ ��� ��������� �� ��� ������������� �������� ������������� �� ��� ��������� �������� ��������������������� 51-52 ELIZABETH II CHAPTER 12 An Act to amend the Pension Act and the Royal Canadian Mounted Police Superannuation Act [Assented to 19th June, 2003] Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: R.S., c. P-6 PENSION ACT 2000, c. 34, s. 20(5) 1. (1) The definition ‘‘service in a special duty area’’ in subsection 3(1) of the English version of the Pension Act is repealed. 2000, c. 34, s. 20(5) (2) The definition ‘‘service spécial’’ in subsection 3(1) of the French version of the Act is replaced by the following: « service spécial » ‘‘special duty service’’ « service spécial » Service effectué par un membre des Forces canadiennes soit dans une zone de service spécial désignée au titre de l’article 91.2, soit dans le cadre d’une opération de service spécial désignée au titre de l’article 91.3, pendant la période visée par la désignation. Sont assimilés au service spécial, s’ils ont lieu pendant cette période mais au plus tôt le 11 septembre 2001 : a) la formation reçue spécialement en vue du service dans la zone ou dans le cadre de l’opération, sans égard au lieu où elle est reçue; b) le déplacement pour se rendre dans la zone, sur les lieux de l’opération ou dans le lieu de la formation visée au paragraphe a) et en revenir; c) le congé autorisé avec solde pris durant ce service, sans égard au lieu où il est pris. � C. 12 Pension and Royal Canadian M (3) Subsection 3(1) of the English version of the Act is amended by adding the following in alphabetical order: ‘‘special duty service’’ « service spécial » ‘‘special duty service’’ means service as a member of the Canadian Forces in a special duty area designated under section 91.2, or as a member of the Canadian Forces as part of a special duty operation designated under section 91.3, during the period in which that designation is in effect, and includes (a) periods of training for the express purpose of service in that area or as part of that operation, wherever that training takes place, (b) travel to and from the area, the operation, or the location of training referred to in paragraph (a), and (c) authorized leave of absence with pay during that service, wherever that leave is taken, if that training, travel or leave occurred on a day, not earlier than September 11, 2001, that is in the period during which that designation is in effect; 2000, c. 34, s. 21(1) 2. (1) The portion of subsection 21(1) of the English version of the Act before paragraph (a) is replaced by the following: Service during war, or special duty service 21. (1) In respect of service rendered during World War I, service rendered during World War II other than in the non-permanent active militia or the reserve army, service in the Korean War, service as a member of the special force, and special duty service, 2000, c. 34, s. 21(2) (2) The portion of paragraph 21(1)(c) of the Act before subparagraph (i) is replaced by the following: (c) no deduction shall be made from the degree of actual disability of a member of the forces who has rendered service in a theatre of actual war, service in the Korean War or special duty service on account of a disability or disabling condition that existed in the member before the member’s period of service in World War I or World War II, service in the Korean War or special duty service, as the case may be, except 2002-2003 2000, c. 34, s. 21(3) Pensions et Pension de retraite de l (3) Subparagraph 21(1)(g)(i) of the Act is replaced by the following: (i) a pension for disability has been awarded to a member of the forces in respect of service in a theatre of actual war, service in the Korean War or special duty service, and 2000, c. 34, s. 40 3. Section 91.1 of the Act is replaced by the following: Definition of ‘‘conditions of elevated risk’’ 91.1 In paragraphs 91.2(1)(c) and 91.3(1)(c), ‘‘conditions of elevated risk’’ means a level of risk higher than that normally associated with service in peacetime. Special duty areas 91.2 (1) The Minister of National Defence, after consulting the Minister, may by order designate an area as a special duty area if (a) the area is outside Canada; (b) members of the Canadian Forces have been deployed, or will be deployed, to that area as part of an operation of a type referred to in section 91.4; and (c) the Minister of National Defence is of the opinion that that deployment has exposed or may expose those members to conditions of elevated risk. Period of designation (2) A designation made by an order under subsection (1) takes effect on the day on which the order is made, or on such earlier date—not earlier than January 1, 1949—or later date as may be fixed by the order. The order may fix a date on which a designation ceases to be in effect. � Special duty operations C. 12 Pension and Royal Canadian M 91.3 (1) The Minister of National Defence, after consulting the Minister, may by order designate as a special duty operation any operation, or any component of an operation, if (a) the operation is of a type referred to in section 91.4; (b) members of the Canadian Forces have been deployed, or will be deployed, as part of that operation; and (c) the Minister of National Defence is of the opinion that that deployment has exposed or may expose those members to conditions of elevated risk. Period of designation (2) A designation made by an order under subsection (1) takes effect on the day on which the order is made, or on such earlier date—not earlier than September 11, 2001—or later date as may be fixed by the order. The order may fix a date on which a designation ceases to be in effect. Types of operations 91.4 For the purposes of paragraphs 91.2(1)(b) and 91.3(1)(a), the types of operations are as follows: (a) an armed conflict; (b) an operation authorized under the Charter of the United Nations, the North Atlantic Treaty, the North American Aerospace Defence Command Agreement or any other similar treaty instrument; (c) an international or multinational military operation; (d) an operation authorized in order to deal with a national emergency, as defined in section 3 of the Emergencies Act, in respect of which a declaration of emergency is made under that Act; (e) an operation authorized under section 273.6 or Part VI of the National Defence Act, or other similar operation authorized by the Governor in Council; (f) an operation that, in the opinion of the Minister of National Defence, is a search and rescue operation; 2002-2003 Pensions et Pension de retraite de l (g) an operation that, in the opinion of the Minister of National Defence, is a disaster relief operation; (h) an operation that, in the opinion of the Minister of National Defence, is a counterterrorism operation; and (i) an operation involving a level of risk that, in the opinion of the Minister of National Defence, is comparable to that normally associated with an operation referred to in paragraphs (a) to (e). Statutory Instruments Act 91.5 Sections 3, 5 and 11 of the Statutory Instruments Act do not apply in respect of an order made under section 91.2 or 91.3. R.S., c. R-11 ROYAL CANADIAN MOUNTED POLICE SUPERANNUATION ACT 2000, c. 34, s. 46 4. Section 32.1 of the Royal Canadian Mounted Police Superannuation Act is replaced by the following: Award related to special duty service 32.1 (1) An award in accordance with the Pension Act shall be granted to or in respect of a member of the Force who is disabled or dies as a result of an injury or disease or an aggravation thereof that was attributable to or was incurred during special duty service as defined in subsection (2), as though that member of the Force were a member of the Canadian Forces in special duty service within the meaning of the Pension Act. Definition of ‘‘special duty service’’ (2) For the purposes of subsection (1), ‘‘special duty service’’ means service as a member of the Force in a special duty area designated under section 32.12 or under section 91.2 of the Pension Act during the period in which that designation is in effect, or service as a member of the Force as part of a special duty operation designated under section 32.13 or under section 91.3 of the Pension Act during the period in which that designation is in effect, and includes (a) periods of training for the express purpose of service in that area or as part of that operation, wherever that training takes place, (b) travel to and from the area, the operation, or the location of training referred to in paragraph (a), and � C. 12 Pension and Royal Canadian M (c) authorized leave of absence with pay during that service, wherever that leave is taken, if that training, travel or leave occurred on a day, not earlier than September 11, 2001, that is in the period during which that designation is in effect. Definition of ‘‘conditions of elevated risk’’ 32.11 In paragraphs 32.12(1)(c) and 32.13(1)(d), ‘‘conditions of elevated risk’’ means a level of risk higher than that normally associated with service in peacetime. Special duty areas 32.12 (1) The Solicitor General of Canada, after consulting the Minister as defined in subsection 3(1) of the Pension Act, may by order designate an area as a special duty area if (a) the area is outside Canada; (b) members of the Force have been deployed, or will be deployed, to that area as part of an operation of a type referred to in section 32.14; and (c) the Solicitor General of Canada is of the opinion that that deployment has exposed or may expose those members to conditions of elevated risk. Period of designation (2) A designation made by an order under subsection (1) takes effect on the day on which the order is made, or on such earlier date—not earlier than June 11, 1998—or later date as may be fixed by the order. The order may fix a date on which a designation ceases to be in effect. Special duty operations 32.13 (1) The Solicitor General of Canada, after consulting the Minister as defined in subsection 3(1) of the Pension Act, may by order designate as a special duty operation any operation, or any component of an operation, if (a) the operation is of a type referred to in section 32.14; (b) the operation is outside Canada; (c) members of the Force have been deployed, or will be deployed, as part of that operation; and 2002-2003 Pensions et Pension de retraite de l (d) the Solicitor General of Canada is of the opinion that that deployment has exposed or may expose those members to conditions of elevated risk. Period of designation (2) A designation made by an order under subsection (1) takes effect on the day on which the order is made, or on such earlier date—not earlier than September 11, 2001—or later date as may be fixed by the order. The order may fix a date on which a designation ceases to be in effect. Types of operations 32.14 For the purposes of paragraphs 32.12(1)(b) and 32.13(1)(a), the types of operations are as follows: (a) an armed conflict; (b) an operation authorized under the Charter of the United Nations or any other similar treaty instrument; (c) an operation that, in the opinion of the Solicitor General of Canada, is a search and rescue operation; (d) an operation that, in the opinion of the Solicitor General of Canada, is a disaster relief operation; (e) an operation that, in the opinion of the Solicitor General of Canada, is a counterterrorism operation; (f) an operation that, in the opinion of the Solicitor General of Canada, is aimed at re-establishing social order or rebuilding social institutions following political or social unrest; and (g) an operation involving a level of risk that, in the opinion of the Solicitor General of Canada, is comparable to that normally associated with an operation referred to in paragraphs (a) and (b). Statutory Instruments Act 32.15 Sections 3, 5 and 11 of the Statutory Instruments Act do not apply in respect of an order made under section 32.12 or 32.13. � C. 12 Pension and Royal Canadian M TRANSITIONAL PROVISIONS Continuation of existing order 5. (1) The Special Duty Area Pension Order made under subsection 91.1(1) of the Pension Act, as that subsection read immediately before the coming into force of this Act, continues in force subject to being repealed under section 91.2 of the Pension Act, as enacted by section 3 of this Act. Re-enactment of provisions of existing order (2) Under section 91.2 of the Pension Act, as enacted by section 3 of this Act, the Minister of National Defence is deemed to have the authority, after consulting the Minister of Veterans Affairs, to make an order that re-enacts the provisions of the order referred to in subsection (1) of this section. Reference to special duty areas 6. (1) In the definition ‘‘special duty service’’ in subsection 3(1) of the Pension Act, as enacted by subsection 1(3) of this Act, the expression ‘‘special duty area designated under section 91.2’’ shall be read as including a special duty area designated by the Special Duty Area Pension Order made under subsection 91.1(1) of the Pension Act, as that subsection read immediately before the coming into force of this Act, until that order is repealed. Reference to special duty areas (2) In the definition ‘‘special duty service’’ in subsection 32.1(2) of the Royal Canadian Mounted Police Superannuation Act, as enacted by section 4 of this Act, the reference to a special duty area designated under section 91.2 of the Pension Act shall be read as including a special duty area designated by the Special Duty Area Pension Order made under subsection 91.1(1) of the Pension Act, as that subsection read immediately before the coming into force of this Act, until that order is repealed. 2002-2003 Regulations made under the Department of Veterans Affairs Act Pensions et Pension de retraite de l 7. Regulations made under the Department of Veterans Affairs Act, and in force immediately before the coming into force of this Act, that confer on members of the Canadian Forces and their survivors a benefit for disability or death by reason of service in a special duty area apply, with such modifications as the circumstances require, in respect of members of the Canadian Forces and their survivors in relation to disability or death by reason of special duty service, as defined in subsection 3(1) of the Pension Act as amended by subsection 1(3) of this Act. Published under authority of the Speaker of the House of Commons Available from: ������������� ����������������� ���������� ���������� Ottawa, Canada K1A 0S9 ��������� ����� ������������� ����������������� ���������� ����������� ������� ������� ��� ���

Second Session, Thirty-seventh Parliament, 51-52 Elizabeth II, 2002-2003 STATUTES OF CANADA 2003 CHAPTER 17 An Act to establish Merchant Navy Veterans Day BILL C-411 ASSENTED TO 19th JUNE, 2003 SUMMARY This enactment proclaims September 3 of each year as “Merchant Navy Veterans Day”. All parliamentary publications are available on the Parliamentary Internet Parlementaire at the following address: http://www.parl.gc.ca 51-52 ELIZABETH II _________ CHAPTER 17 An Act to establish Merchant Navy Veterans Day [Assented to 19th June, 2003] Preamble WHEREAS the veterans of the Merchant Navy have served honourably and courageously in the defence of Canada throughout the years; AND WHEREAS the House of Commons wishes to set aside a day to acknowledge the contribution of the veterans of the Merchant Navy to ensuring the freedom and democracy enjoyed by Canadians; NOW, THEREFORE, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: SHORT TITLE Short title 1. This Act may be cited as the Merchant Navy Veterans Day Act. MERCHANT NAVY VETERANS DAY Merchant Navy Veterans Day 2. Throughout Canada, in each and every year, the third day of September shall be known as “Merchant Navy Veterans Day”. Published under authority of the Speaker of the House of Commons Available from: Communication Canada – Canadian Government Publishing, Ottawa, Canada K1A 0S9 ��������� ����� ������������� ����������������� ���������� ����������� ������� ������� ��� ���

Second Session, Thirty-seventh Parliament, 51-52 Elizabeth II, 2002-2003 STATUTES OF CANADA 2003 CHAPTER 16 An Act to amend the Members of Parliament Retiring Allowances Act and the Parliament of Canada Act BILL C-39 ASSENTED TO 19th JUNE, 2003 RECOMMENDATION Her Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled ‘‘An Act to amend the Members of Parliament Retiring Allowances Act and the Parliament of Canada Act’’. SUMMARY This enactment amends the Members of Parliament Retiring Allowances Act to set out the cost of elective service for members of the House of Commons and Senators who make an election after January 1, 2001 in respect of past service. There are also some technical amendments to that Act. This enactment also amends the Parliament of Canada Act to provide salaries to Chairs and Vice-Chairs of Special Committees. ��� ������������� ������������ ��� ��������� �� ��� ������������� �������� ������������� �� ��� ��������� �������� ��������������������� 51-52 ELIZABETH II CHAPTER 16 An Act to amend the Members of Parliament Retiring Allowances Act and the Parliament of Canada Act [Assented to 19th June, 2003] Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: R.S., c. M-5 MEMBERS OF PARLIAMENT RETIRING ALLOWANCES ACT 2001, c. 20, s. 16(2) 1. Paragraph 9(2)(a) of the Members of Parliament Retiring Allowances Act is replaced by the following: (a) not to contribute under this subsection and has also elected not to contribute under subsection 31(4) or (5); or 2001, c. 20, s. 18(1) 2. (1) Paragraph 12(1)(b) of the Act is replaced by the following: (b) subject to subsection (2), in respect of any amount payable to the member by way of sessional indemnity, after the aggregate of the products obtained by multiplying the number of years of pensionable service to the member’s credit by the multipliers set out in subsection 16(1) and, as applicable, subsection 36(2) or (6) equals 0.75; or 2001, c. 20, s. 18(2) (2) Subsection 12(2) of the Act is replaced by the following: � C. 16 Members of Parliament Retiring Allo Exception for 1% (2) Commencing on January 1, 2001, a member shall, by reservation from the sessional indemnity payable to the member, continue to contribute under this Part 1% of that portion of the sessional indemnity that does not exceed the member’s earnings limit for the calendar year, after the aggregate of the products obtained by multiplying the number of years of pensionable service to the member’s credit by the multipliers set out in subsection 16(1) and, as applicable, subsection 36(2) or (6) equals 0.75. 2001, c. 20, s. 19 3. Subsection 17(4.1) of the Act is replaced by the following: Exception (4.1) Subsection (4), as it read immediately before July 12, 2001, applies in respect of a period of pensionable service to a member’s credit pursuant to an election referred to in subsection 36(10). 2001, c. 20, s. 21 4. (1) The portion of subsection 31(4) of the Act before paragraph (a) is replaced by the following: Additional contribution — members under 69 who reach maximum accrual (4) A member to whom paragraph 12(1)(b) applies, who has not reached 69 years of age and who is in receipt of a salary or annual allowance shall, commencing on January 1, 2001 — unless the member elects not to contribute under this subsection and has also elected not to contribute under subsection 9(2) — by reservation from that salary or annual allowance, contribute to the Compensation Arrangements Account an amount equal to (2) Section 31 of the Act is amended by adding the following after subsection (4): Additional contribution — members 69 or over who reach maximum accrual (5) A member to whom paragraph 12(1)(b) applies, who has reached 69 years of age and who is in receipt of a salary or annual allowance shall, commencing on January 1, 2001 — unless the member elects not to contribute under this subsection — by reservation from that salary or annual allowance, contribute to the Compensation Arrangements Account an amount equal to 7% of that salary or annual allowance. 2002-2003 Allocations de retraite des parleme 5. (1) Subsection 33(1) of the Act is amended by adding the following after paragraph (a.1): (a.2) in the case of a member who, on or after January 1, 2001, makes an election under subsection 32(1) in respect of amounts paid as a member of the House of Commons and whose sessional indemnity in respect of the session exceeds his or her earnings limit for the calendar year, (i) if the member has not reached 69 years of age at the time of the election, (A) a contribution equal to the total of 4% of that portion of the sessional indemnity that exceeds the earnings limit and 3% of the sessional indemnity, and (B) a contribution equal to 7% of the total of his or her salary and annual allowance, if the member elects to contribute in respect of those amounts, and (ii) if the member has reached 69 years of age at the time of the election, (A) a contribution equal to 7% of the sessional indemnity, and (B) a contribution equal to 7% of the total of his or her salary and annual allowance, if the member elects to contribute in respect of those amounts; (a.3) in the case of a member who, on or after January 1, 2001, makes an election under subsection 32(1) in respect of amounts paid as a member of the House of Commons and whose sessional indemnity in respect of the session does not exceed his or her earnings limit for the calendar year, (i) if the member has not reached 69 years of age at the time of the election, a contribution equal to 3% of the sessional indemnity, or 7% if he or she has reached that age, and (ii) if the member received any salary or annual allowance in respect of the ses� C. 16 Members of Parliament Retiring Allo sion and elected to contribute in respect of those amounts, (A) if the member has not reached 69 years of age at the time of the election, a contribution equal to (I) 3% of the portion of the salary or annual allowance that, in combination with the sessional indemnity, does not exceed the earnings limit, and (II) 7% of the portion of the salary or annual allowance that, in combination with the sessional indemnity, exceeds the earnings limit, and (B) if the member has reached 69 years of age at the time of the election, a contribution equal to 7% of his or her salary or annual allowance; (2) Paragraph 33(1)(b) of the Act is amended by striking out the word ‘‘and’’ at the end of subparagraphs (ii) and (iii) and by adding the following after subparagraph (iii): (iv) if the election was made on or after January 1, 2001 and the sessional indemnity paid in respect of the session exceeds his or her earnings limit for the calendar year, (A) if the member makes the election before reaching 69 years of age, (I) a contribution equal to the total of 4% of the portion of the sessional indemnity that exceeds the earnings limit and 3% of the sessional indemnity, and (II) a contribution equal to 7% of the total of his or her salary and annual allowance, if the member elects to contribute in respect of those amounts, and (B) if the member has reached 69 years of age at the time of the election, (I) a contribution equal to 7% of the sessional indemnity, and (II) a contribution equal to 7% of the total of his or her salary and annual allowance, if the member elects to 2002-2003 Allocations de retraite des parleme contribute in amounts, and respect of those (v) if the election was made on or after January 1, 2001 and the sessional indemnity paid in respect of the session does not exceed his or her earnings limit for the calendar year, (A) if the member makes the election before reaching 69 years of age, (I) a contribution equal to 3% of the sessional indemnity, and (II) if the member elects to contribute in respect of any salary or annual allowance, a contribution equal to 3% of the portion of salary or annual allowance that, in combination with the sessional indemnity, does not exceed the earnings limit and a contribution equal to 7% of the portion that, in combination with the sessional indemnity, exceeds the earnings limit, and (B) if the member makes the election after reaching 69 years of age, (I) a contribution equal to 7% of the sessional indemnity, and (II) a contribution equal to 7% of the total of his or her salary and annual allowance, if the member elects to contribute in respect of those amounts; and 2001, c. 20, s. 23(6) (3) Subsection 33(4) of the Act is replaced by the following: Earnings limit for part of year (4) For the purpose of subsection (1), if the person was not a member during the whole of a calendar year, the earnings limit for that calendar year is determined by multiplying the member’s earnings limit for the calendar year by the ratio that the part of the calendar year during which the person was a member is to the whole calendar year. 2001, c. 20, s. 24(1) 6. (1) Paragraph 34(1)(b) of the Act is replaced by the following: (b) subject to subsections (2) and (2.1), in respect of any amount payable to the member by way of sessional indemnity after the aggregate of the products obtained � C. 16 Members of Parliament Retiring Allo by multiplying the number of years of pensionable service to the member’s credit by the multipliers set out in subsection 16(1) and, as applicable, subsection 36(2) or (6) equals 0.75. 2001, c. 20, s. 24(2) (2) Subsection 34(2) of the Act is replaced by the following: Exception — 69 years old (2) Commencing on January 1, 2001, a member who has reached 69 years of age shall, by reservation from the sessional indemnity payable to that member, continue to contribute under this Part 1% of the amount payable to the member by way of sessional indemnity after the aggregate of the products obtained by multiplying the number of years of pensionable service to the member’s credit by the multipliers set out in subsection 16(1) and, as applicable, subsection 36(2) or (6) equals 0.75. 1992, c. 46, s. 81; 1995, c. 30, s. 9; 2001, c. 20, s. 25 7. Section 36 of the Act is replaced by the following: Compensation allowance 36. (1) Subject to sections 58 and 59, a compensation allowance determined in accordance with this section shall be paid to a person during his or her lifetime in respect of contributions made under this Part, other than those made in respect of salary or annual allowance and those made under subsection 34(2) or (2.1), if the person (a) ceases to be a member on or after January 1, 1992; and (b) contributed or elected to contribute under this Part, or Part I or III of the former Act, for at least six years. Amount payable to former members of House of Commons (2) The compensation allowance payable under this section in respect of contributions made as a member of the House of Commons is an amount equal to the aggregate of (a) the person’s average annual sessional indemnity multiplied by, subject to subsection (3) , the number of years or portions of years of pensionable service calculated for the purpose of paragraph 16(1)(b) in accordance with subsections 16(5) and (6), multiplied by 2002-2003 Allocations de retraite des parleme (i) if the person has not reached 60 years of age, (A) 0.05 for the years or portions of years of pensionable service calculated by reference to contributions made, or in respect of which an election was made, on or after January 1, 1992 and before July 13, 1995, (B) 0.04 for the years or portions of years of pensionable service calculated by reference to contributions made — or in respect of which an election was made — on or after July 13, 1995 and before January 1, 2001, other than those made pursuant to an election referred to in clause (A), and (C) 0.03 for the years or portions of years of pensionable service calculated by reference to contributions made — or in respect of which an election was made — on or after January 1, 2001, other than those made pursuant to an election referred to in clause (A) or (B), (ii) subject to subparagraphs (iii) and (iv), if the person has reached 60 years of age, (A) 0.03 for the years or portions of years of pensionable service calculated by reference to contributions made, or in respect of which an election was made, on or after January 1, 1992 and before July 13, 1995, (B) 0.02 for the years or portions of years of pensionable service calculated by reference to contributions made — or in respect of which an election was made — on or after July 13, 1995 and before January 1, 2001, other than those made pursuant to an election referred to in clause (A), and (C) 0.01 for the years or portions of years of pensionable service calculated by reference to contributions made — or in respect of which an election was made — on or after January 1, 2001, other than those made pursuant to an election referred to in clause (A) or (B), � C. 16 Members of Parliament Retiring Allo (iii) if the person contributed after he or she reached 71 years of age, (A) 0.05 for the years or portions of years of pensionable service calculated by reference to contributions made — or in respect of which an election was made — during the period commencing on the later of the 71st birthday and January 1, 1992 and ending on July 12, 1995, and (B) 0.04 for the years or portions of years of pensionable service calculated by reference to contributions made — or in respect of which an election was made — during the period commencing on the later of the 71st birthday and July 13, 1995 and ending on December 31, 2000, other than those made pursuant to an election referred to in clause (A), and (iv) if the person contributed after he or she reached 69 years of age, 0.03 for the years or portions of years of pensionable service calculated by reference to contributions made — or in respect of which an election was made — on or after the later of the 69th birthday and January 1, 2001, other than those made pursuant to an election referred to in subparagraph (iii), and (b) the person’s average annual sessional indemnity multiplied by the number of years of pensionable service calculated in accordance with subsection (4), multiplied by 0.03 for the years or portions of years of pensionable service calculated by reference to contributions made on or after January 1, 2001, other than those made pursuant to an election made before that date. Years of service — subparagraph (2)(a)(iii) (3) For the purpose of subparagraph (2)(a)(iii), a person, on ceasing to be a member, is deemed to have one year of pensionable service to his or her credit for 2002-2003 Allocations de retraite des parleme (a) each amount, equal to 11% of the sessional indemnity payable to a member of the House of Commons during any calendar year, that the person has — during that calendar year and before July 13, 1995 — contributed or elected to contribute under section 31 or 33, as those sections read immediately before that date, other than amounts contributed in respect of salary or annual allowance or as interest; and (b) each amount, equal to 9% of the sessional indemnity payable to a member of the House of Commons during any calendar year, that the person has — during that calendar year and on or after July 13, 1995 and before January 1, 2001 — contributed or elected to contribute under section 31 or 33, as those sections read immediately before January 1, 2001, other than amounts contributed in respect of salary or annual allowance or as interest. Years of service — paragraph (2)(b) or (6)(b) (4) For the purpose of paragraph (2)(b) or (6)(b), a person, on ceasing to be a member, is deemed to have one year of pensionable service to his or her credit for each amount — equal to 7% of the sessional indemnity payable to a member of the Senate or House of Commons, as the case may be, during a calendar year — that, on or after January 1, 2001, he or she contributed or elected to contribute under subsection 31(1) or 33(1) in respect of sessional indemnity that exceeded his or her earnings limit for the calendar year. Application of subsections (3), (4) and (7) (5) In the application of subsections (3), (4) and (7), the deeming provision of subsection 16(6) in relation to a portion of a year’s pensionable service shall apply, with any modifications that the circumstances require. Amount payable to former members of Senate (6) The compensation allowance payable under this section in respect of contributions made as a member of the Senate is an amount equal to the aggregate of (a) the person’s average annual sessional indemnity multiplied by, subject to subsection (7), the number of years or portions of �� C. 16 Members of Parliament Retiring Allo years of pensionable service calculated for the purpose of paragraph 16(1)(b) in accordance with subsections 16(5) and (6), multiplied by (i) if the person has not reached 60 years of age, 0.03, (ii) subject to subparagraph (iii), if the person has reached 60 years of age, 0.01, and (iii) if the person contributed after he or she reached 69 years of age, 0.03 for the years or portions of years of pensionable service calculated by reference to contributions made on or after the 69th birthday — or in respect of which an election was made on or after that date — other than those made pursuant to an election made before that birthday, and (b) the person’s average annual sessional indemnity multiplied by the number of years of pensionable service calculated in accordance with subsection (4), multiplied by 0.03 for the years or portions of years of pensionable service calculated by reference to contributions made on or after January 1, 2001, other than those made pursuant to an election made before that date. Years of service — subparagraph (6)(a)(iii) (7) For the purpose of subparagraph (6)(a)(iii), a person, on ceasing to be a member, is deemed to have one year of pensionable service to his or her credit for each amount — equal to 7% of the sessional indemnity payable to a member of the Senate during any calendar year — that, during that calendar year and before January 1, 2001, he or she contributed or elected to contribute under section 31 or 33, as those sections read immediately before that date, other than amounts contributed in respect of salary or annual allowance or as interest. Special case — before January 1, 2001 (8) For the purposes of calculating the compensation allowance payable under subsection (1) to a person who, on or after July 13, 1995 and before January 1, 2001, elected to contribute under this Part in respect of any 2002-2003 Allocations de retraite des parleme session or part of a session before January 1, 2001, the multipliers referred to in paragraph (2) (a) shall, in lieu of the numbers set out in that paragraph, be (a) if the person has not reached 60 years of age, 0.04; (b) subject to paragraph (c), if the person has reached 60 years of age, 0.02; and (c) if the person contributed after he or she reached 71 years of age, 0.04 for the years or portions of years of pensionable service calculated by reference to contributions made on or after the 71st birthday, other than those made pursuant to an election made before that birthday. Special case — on or after January 1, 2001 (9) For the purposes of calculating the compensation allowance payable under subsection (1) to a person who, on or after January 1, 2001, elected to contribute under this Part in respect of any session or part of a session before that date, the multipliers referred to in paragraph (2) (a) shall, in lieu of the numbers set out in that paragraph, be (a) if the person has not reached 60 years of age, 0.03; (b) subject to paragraph (c), if the person has reached 60 years of age, 0.01; and (c) if the person contributed after he or she reached 69 years of age, 0.03 for the years or portions of years of pensionable service calculated by reference to contributions made on or after the 69th birthday, other than those made pursuant to an election made before that birthday. Exception (10) Clauses (2) (a)(i)(B), (ii)(B) and (iii)(B) and subsection (8) apply — instead of clauses (2) (a)(i)(C) and (ii)(C), subparagraph (2) (a)(iv) and subsection (9) — in respect of a period of pensionable service to a member’s credit pursuant to an election made under subsection 10(1) or 32(1), on or after November 27, 2000 and before November 27, 2001, or under subsection 10(1.1) or 32(1.1). 2001, c. 20, s. 26(2) 8. Paragraph 37(3)(c) of the Act is replaced by the following: �� C. 16 Members of Parliament Retiring Allo (c) each amount, equal to 7% of the sessional indemnity payable to the person as a member of the Senate or House of Commons, as the case may be, during any calendar year, that the person has, on or after January 1, 2001, contributed or elected to contribute under subsection 31(3), paragraph 31(4)(b) or subsection 31(5) or 33(1) , other than amounts paid under subsection 33(1) in respect of sessional indemnity or as interest. 2001, c. 20, s. 28 9. Paragraph 64(1)(l.1) of the Act is repealed. R.S., c. P-1 PARLIAMENT OF CANADA ACT 2001, c. 20, s. 4 10. (1) The portion of section 60 of the Parliament of Canada Act before paragraph (a) is replaced by the following: Presiding officers 60. There shall be paid to the following members of the Senate or House of Commons annual salaries equal to the remuneration reference amount referred to in section 54.1 multiplied by the following percentages: 2001, c. 20, s. 4 (2) Paragraphs 60(g) and (h) of the Act are replaced by the following: (g) any member — except one who receives a salary under the Salaries Act — occupying the position of Chair of a Standing or Special Committee of the Senate or House of Commons or a Standing or Special Joint Committee, other than the Liaison Committee of the House of Commons and the Standing Joint Committee on the Library of Parliament, 3.6%; and (h) any member — except one who receives a salary under the Salaries Act — occupying the position of ViceChair of a Standing or Special Committee of the Senate or House of Commons or a Standing or Special Joint Committee, other than the Liaison Committee of the House of Commons and the Standing Joint Committee on the Library of Parliament, 1.9%. 2001, c. 20, s. 9 11. Section 67 of the Act is replaced by the following: 2002-2003 Allocations de retraite des parleme Adjustment of certain salaries and allowances 67. The salaries and allowances payable to members of the Senate or House of Commons under subsection 55(12) and sections 60 to 62 of this Act and section 4 of the Salaries Act shall be rounded down to the nearest hundred dollars. 2001, c. 20, s. 11 12. The portion of subsection 71.1(1) of the Act before paragraph (a) is replaced by the following: 71.1 (1) A member of the Senate or the House of Commons who resigns by reason of disability may elect to receive an annual disability allowance equal to 70% of their annual salaries and allowances under subsection 55(12) and sections 60 to 62 of this Act and section 4 of the Salaries Act on the day of resignation if, at the time of their resignation, the member Entitlement COMING INTO FORCE Deemed in force Order 13. (1) Sections 1 to 9 are deemed to have come into force on January 1, 2001. (2) Sections 10 to 12 come into force on a day or days to be fixed by order of the Governor in Council. Published under authority of the Speaker of the House of Commons Available from: ������������� ����������������� ���������� ���������� Ottawa, Canada K1A 0S9 ��������� ����� ������������� ����������������� ���������� ����������� ������� ������� ��� ���

Second Session, Thirty-seventh Parliament, 51-52 Elizabeth II, 2002-2003 STATUTES OF CANADA 2003 CHAPTER 14 An Act to compensate military members injured during service BILL C-44 ASSENTED TO 19th JUNE, 2003 RECOMMENDATION Her Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled ‘‘An Act to compensate military members injured during service’’. SUMMARY The purpose of this enactment is to provide compensation to serving and former members of the Canadian Forces who suffered an injury attributable to service that resulted in dismemberment or the loss of sight, hearing or speech, and who were not entitled to a lump-sum payment under an insurance plan provided by the Government of Canada. ��� ������������� ������������ ��� ��������� �� ��� ������������� �������� ������������� �� ��� ��������� �������� ��������������������� TABLE OF PROVISIONS AN ACT TO COMPENSATE MILITARY MEMBERS INJURED DURING SERVICE SHORT TITLE 1. Short title INTERPRETATION 2. Definitions DESIGNATION 3. Designation by Minister COMPENSATION 4. Right of compensation 5. Limitation 6. No benefit payable 7. Application made to Minister 8. Benefit of doubt 9. Decisions shall be made expeditiously 10. Inquiries Act 11. Request for review 12. Representation of applicant GENERAL PROVISIONS 13. Information that shall be made available to Minister 14. Information that Minister may disclose 15. Social Insurance Numbers 16. Definition of ‘‘overpayment ’’ 17. Immunity 18. Deeming 19. Benefit not taxed COORDINATING AMENDMENTS 20. 2001, c. 26 21. 2002, c. 8 22. Bill C-25 23. Bill C-36 51-52 ELIZABETH II CHAPTER 14 An Act to compensate military members injured during service [Assented to 19th June, 2003] Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: SHORT TITLE Short title 1. This Act may be cited as the Injured Military Members Compensation Act. INTERPRETATION Definitions 2. The following definitions apply in this Act. ‘‘Class ‘‘A’’ Reserve Service’’ « service de réserve de classe « A » » ‘‘Class ‘‘A’’ Reserve Service’’ has the same meaning as in article 9.06 of the Queen’s Regulations and Orders for the Canadian Forces. ‘‘Class ‘‘B’’ Reserve Service’’ « service de réserve de classe « B » » ‘‘Class ‘‘B’’ Reserve Service’’ has the same meaning as in article 9.07 of the Queen’s Regulations and Orders for the Canadian Forces. ‘‘Class ‘‘C’’ Reserve Service’’ « service de réserve de classe « C » » ‘‘Class ‘‘C’’ Reserve Service’’ has the same meaning as in article 9.08 of the Queen’s Regulations and Orders for the Canadian Forces. ‘‘Minister’’ « ministre » ‘‘Minister’’ means the Minister of National Defence. ‘‘personal information’’ « renseignements personnels » ‘‘personal information’’ has the same meaning as in section 3 of the Privacy Act. � C. 14 Injured Military Mem DESIGNATION Designation by Minister 3. (1) Subject to subsection (2), the Minister may designate any person to exercise any power or perform any duty or function that may be exercised or performed by the Minister under this Act. Limitation (2) If the Minister has designated a person to make a decision under this Act, the Minister may not designate that same person to review the decision under subsection 11(1). COMPENSATION Right of compensation 4. (1) A person who, while serving as a member of the regular force, or a member of the reserve force performing Class ‘‘B’’ Reserve Service for more than 180 days or Class ‘‘C’’ Reserve Service, suffered an injury that resulted in a loss set out in column 1 of the schedule during the corresponding period set out in column 2 is entitled, on application, to the corresponding benefit set out in column 3 if the Minister is satisfied that (a) the injury is attributable to the person’s service with the Canadian Forces; (b) the loss resulted directly from the injury; (c) the loss was not caused directly or indirectly by a self-inflicted injury, even if caused by insanity, or by the person’s improper conduct, including their wilful disobedience of an order and vicious or criminal conduct; (d) the person survived for a period of at least 30 days after the injury; (e) the loss occurred within 90 days after the injury; and (f) the person was not entitled to a lumpsum payment in respect of the injury under an insurance plan provided by the Government of Canada. Right of compensation (2) A person who, while serving as a member of the reserve force performing Class ‘‘B’’ Reserve Service for 180 days or less or Class ‘‘A’’ Reserve Service, suffered an injury that resulted in a loss set out in column 1 of the 2002-2003 Indemnisation des militaire schedule during the corresponding period set out in column 2 is entitled, on application, to the corresponding benefit set out in column 4 if the Minister is satisfied that the conditions in paragraphs (1)(a) to (f) are met. Interpretation (3) For the purposes of subsections (1) and (2) and the schedule, the loss of a hand or foot, or thumb and index finger, includes the loss of their use, and the loss of hearing or speech or of sight in one eye or both eyes means total and irrecoverable loss. Limitation 5. The total benefits payable to a person in respect of an injury that may result in one or more losses shall not exceed $250,000 for a person referred to in subsection 4(1) or $100,000 for a person referred to in subsection 4(2). No benefit payable 6. No benefit is payable for any loss caused wholly or partly, or directly or indirectly, by (a) disease, bodily or mental infirmity or the medical treatment of the disease or infirmity; or (b) ptomaines or bacterial infections, except an infection that is caused by the injury. Application made to Minister 7. (1) Any person referred to in section 4 may make an application to the Minister for a benefit in the manner required by the Minister. Deceased member (2) If the person died before the coming into force of this Act, or dies after the coming into force of this Act without making an application, the person’s estate or succession may apply for the benefit and has the same rights and obligations that the person would have had under this Act. Requirements (3) The Minister may require the applicant to provide (a) any documentation necessary to substantiate their claim; (b) any relevant information; and (c) an affidavit or statutory declaration attesting to the truth of the information provided. � Consideration of application C. 14 Injured Military Mem (4) The Minister shall consider an application without delay after its receipt and, in considering the application, may (a) investigate the facts stated in the application and any other matter related to the application; and (b) collect relevant material and information from the records of departments and agencies of the Government of Canada. Decision (5) After considering the application, the Minister shall approve the payment of the benefit if the Minister is satisfied that the applicant is entitled to a benefit, or refuse to approve the payment of the benefit in any other case. Notice of decision and reasons (6) The Minister shall notify the applicant of any decision made under subsection (5) and of the reasons for any refusal to approve the payment of a benefit. Benefit of doubt 8. In making a decision under this Act, the Minister shall (a) draw from the circumstances of the case, and the evidence presented to the Minister, every reasonable inference in favour of the applicant; (b) accept any uncontradicted evidence presented to the Minister by the applicant that the Minister considers to be credible in the circumstances; and (c) resolve in favour of the applicant any doubt, in the weighing of evidence, as to whether the applicant has established a case. Decisions shall be made expeditiously 9. Decisions of the Minister shall be made as informally and expeditiously as the circumstances and considerations of fairness permit. Inquiries Act 10. (1) The Minister has all the powers of a commissioner appointed under Part II of the Inquiries Act for the purpose of carrying out the functions of the Minister under this Act. Taking oaths, etc. (2) Any officer or employee of the Department of National Defence or officer of the Canadian Forces, if designated by the Minister for the purpose, may, in the course of their 2002-2003 Indemnisation des militaire employment or service, administer oaths and take and receive affidavits, declarations and solemn affirmations for the purpose of or incidental to the administration of this Act, and every person so designated has, with respect to any such oath, affidavit, declaration or affirmation, all the powers of a commissioner for administering oaths or taking affidavits. Acceptance of oaths, etc. (3) The Minister may accept, for the purpose of the administration of this Act, any oath administered or any affidavit, declaration or solemn affirmation taken or received by any person who has the powers of a commissioner for taking affidavits and who is an officer or employee of (a) a department or other portion of the public service of Canada specified in Schedule I to the Public Service Staff Relations Act; or (b) a department of the government of a province. Request for review 11. (1) An applicant who is dissatisfied with a decision made by the Minister under this Act may request a review of the decision by the Minister. After receiving the request, the Minister shall review the decision. Review on Minister’s motion (2) The Minister may, on the Minister’s own motion, review a decision made under this Act. Confirmation, amendment or rescinding (3) After reviewing the decision, the Minister may either confirm the decision or amend or rescind the decision if the Minister determines that there was an error with respect to any finding of fact or the interpretation of any law, or if new evidence is presented to the Minister. Decision is final (4) A decision of the Minister respecting a review is final and binding and, except for judicial review under the Federal Court Act, is not subject to appeal or to review by any court. The decision shall not be the subject of a grievance under section 29 of the National Defence Act. � Representation of applicant C. 14 Injured Military Mem 12. In all matters under this Act, an applicant may, at their own expense, be represented by a representative of their choice. GENERAL PROVISIONS Information that shall be made available to Minister 13. The following personal information relating to the person who sustained the injury shall, if requested by the Minister, be made available to the Minister to determine the applicant’s eligibility for a benefit: (a) personal information collected or obtained by the Department of Veterans Affairs in the administration of the Pension Act; (b) personal information collected or obtained by the Department of Transport in the administration of the Aeronautics Act or the Canada Shipping Act, or any predecessor enactment relating to the same subjectmatter; and (c) personal information collected or obtained by the National Archives of Canada in the administration of the National Archives of Canada Act, or any predecessor enactment relating to the same subjectmatter. Information that Minister may disclose 14. Personal information that has been collected or obtained by the Minister in the administration of this Act may be disclosed by the Minister (a) to any person or body, to the extent that the disclosure is necessary in order for the Minister to obtain information required for the administration of this Act; and (b) to any officer or employee of the Department of National Defence or any member of the Canadian Forces, to the extent that the disclosure is required for the administration of this Act. Social Insurance Numbers 15. If a Social Insurance Number has been used to identify the service or medical records of a member of the Canadian Forces, the Minister or other authority having custody of those records may use the Social Insurance Number for the purpose of making those records available. 2002-2003 Indemnisation des militaire Definition of ‘‘overpayment’’ 16. (1) In this section, ‘‘overpayment’’ means a benefit, or part of a benefit, that was paid to a person and to which the person had no entitlement. Recovery of overpayment (2) If, through any cause, an overpayment is paid to a person, the overpayment is a debt due to Her Majesty by that person, and the Minister may recover the debt (a) in accordance with section 155 of the Financial Administration Act; or (b) by proceedings in any court of competent jurisdiction. Remission of overpayment (3) If a person has received or obtained an overpayment, the Minister may, unless that person has been convicted of an offence under the Criminal Code in connection with the receiving or obtaining of the overpayment, remit all or any portion of the overpayment if the Minister is satisfied that (a) the overpayment cannot be recovered within the reasonably foreseeable future; (b) the administrative costs of recovering the overpayment are likely to equal or exceed the amount to be recovered; (c) repayment of the overpayment would cause undue hardship to the person; or (d) the overpayment is the result of an administrative error, delay or oversight on the part of a public servant or a member of the Canadian Forces. Immunity 17. No action or other proceeding lies against any person for anything done or said in good faith in the administration of this Act. Deeming 18. For the purposes of section 25 of the Pension Act, the payment of benefits under this Act is deemed not to be a compensation plan established by any other legislation of a similar nature. Benefit not taxed 19. (1) A benefit paid under this Act is not subject to tax under any Act of Parliament. Exemption from seizure (2) A benefit payable under this Act is exempt from seizure. � C. 14 Injured Military Mem COORDINATING AMENDMENTS 2001, c. 26 20. On the later of the coming into force of section 1 of the Canada Shipping Act, 2001, chapter 26 of the Statutes of Canada, 2001, and paragraph 13(b) of this Act, paragraph 13(b) of this Act is replaced by the following: (b) personal information collected or obtained by the Department of Transport in the administration of the Aeronautics Act, the Canada Shipping Act or the Canada Shipping Act, 2001 or any predecessor enactment relating to the same subjectmatter; and 2002, c. 8 21. On the later of the coming into force of section 14 of the Courts Administration Service Act, chapter 8 of the Statutes of Canada, 2002, and subsection 11(4) of this Act, subsection 11(4) of this Act is replaced by the following: Decision is final (4) A decision of the Minister respecting a review is final and binding and, except for judicial review under the Federal Courts Act, is not subject to appeal or to review by any court. The decision shall not be the subject of a grievance under section 29 of the National Defence Act. Bill C-25 22. If Bill C-25, introduced in the 2nd session of the 37th Parliament and entitled the Public Service Modernization Act (the ‘‘other Act’’), receives royal assent, then, on the later of the coming into force of section 11 of the other Act and paragraph 10(3)(a) of this Act, paragraph 10(3)(a) of this Act is replaced by the following: (a) a department in, or other portion of, the federal public administration specified in Schedule I, IV or V to the Financial Administration Act, or 2002-2003 Bill C-36 Indemnisation des militaire 23. If Bill C-36, introduced in the 2nd session of the 37th Parliament and entitled the Library and Archives of Canada Act (the ‘‘other Act’’), receives royal assent, then, on the later of the coming into force of section 4 of the other Act and paragraph 13(c) of this Act, paragraph 13(c) of this Act is replaced by the following: (c) personal information collected or obtained by the Library and Archives of Canada in the administration of the Library and Archives of Canada Act, or any predecessor enactment relating to the same subject-matter. �� C. 14 Injured Military Members C SCHED (Secti ��� ������������� ��� ������������� ��� ������������� ���������������� ���������������� ��� ������������� ���������������� ��� ������������� ��� ������������� ���������������� ���������������� ��� ������������� ��� ������������� ���������������� ���������������� ��� ������������� ���������������� ���������������� ���������������� Column 1 Item Loss 1. One hand or one foot, or sight in one eye 2. Both hands, both feet, one hand and one foot, sight in both eyes, one hand and sight in one eye, or one foot and sight in one eye 3. Hearing or speech 4. Thumb and index finger of the same hand 2002-2003 Indemnisation des militaires ayan ANN (artic ��� ������������� ��� ������������� ��� ������������� ���������������� ���������������� ��� ������������� ���������������� ��� ������������� ��� ������������� ���������������� ���������������� ��� ������������� ��� ������������� ���������������� ���������������� ��� ������������� ���������������� ���������������� ���������������� Colonne 1 Article Perte 1. La vue d’un oeil, une main ou un pied 2. Les deux mains, les deux pieds, une main et un pied, la vue des deux yeux, une main et la vue d’un oeil ou un pied et la vue d’un oeil 3. L’ouïe ou la parole 4. Le pouce et l’index de la même main Published under authority of the Speaker of the House of Commons Available from: ������������� ����������������� ���������� ���������� Ottawa, Canada K1A 0S9 ��������� ����� ������������� ����������������� ���������� ����������� ������� ������� ��� ���

Second Session, Thirty-seventh Parliament, 51-52 Elizabeth II, 2002-2003 STATUTES OF CANADA 2003 CHAPTER 15 An Act to implement certain provisions of the budget tabled in Parliament on February 18, 2003 BILL C-28 ASSENTED TO 19th JUNE, 2003 RECOMMENDATION Her Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled ‘‘An Act to implement certain provisions of the budget tabled in Parliament on February 18, 2003’’. SUMMARY Part 1 authorizes the Minister of Finance to pay $1.5 billion into a trust, to be provided to provinces for the purposes of acquiring diagnostic and medical equipment and training specialized staff in order to improve access to publicly funded diagnostic and treatment services. The funds will be distributed to the provinces on a per capita basis. Part 2 amends the Federal-Provincial Fiscal Arrangements Act to implement a $16 billion Health Reform transfer and a $2.5 billion Canada Health and Social Transfer (CHST) supplement, and to create two new transfer mechanisms. The Health Reform transfer will be distributed to the provinces on a per capita basis over a five-year period beginning on April 1, 2003. The Minister is authorized to pay a $2.5 billion CHST supplement into a trust from which these funds will be distributed to the provinces on an equal per capita basis. The new Canada Health Transfer and Canada Social Transfer will replace the CHST on April 1, 2004, and funding levels are set out through to 2007-08. In addition, Part 2 removes the maximum amount payable to provinces under the Equalization program, effective in fiscal year 2002-03. Part 3 amends the Canada Student Financial Assistance Act to add protected persons within the meaning of the Immigration and Refugee Protection Act to the list of students eligible for a student loan, and to ensure that appropriate compensation continues to be paid to provinces and territories not participating in the Canada Student Loans Program. It also amends the Canada Student Financial Assistance Act and the Canada Student Loans Act to provide for a limitation period of six years for the collection of student loans. ��� ������������� ������������ ��� ��������� �� ��� ������������� �������� ������������� �� ��� ��������� �������� ��������������������� Part 4 amends the Employment Insurance Act and the Employment Insurance (Fishing) Regulations to introduce a new type of special benefits. It amends the Act in order to: provide six weeks of new compassionate benefits for families to share; establish the medical proof required to receive such benefits; establish the period during which such benefits may be paid; provide for one waiting period per family when such benefits are shared; provide for the authority to make new regulations consequential to the introduction of compassionate care benefits; set the annual premium rate for 2004; and make other minor consequential amendments to the Employment Insurance Act and the Employment Insurance (Fishing) Regulations. It also makes related amendments to the Canada Labour Code. Part 5 amends the Budget Implementation Act, 1997, the Budget Implementation Act, 1998, and the Canada Foundation for Sustainable Development Technology Act to permit repayment of public moneys provided to, respectively, the Canada Foundation for Innovation, the Canada Millennium Scholarship Foundation and the Canada Foundation for Sustainable Development Technology to the Receiver General for credit to the Consolidated Revenue Fund on the winding up or dissolution of those foundations. Secondly, this Part provides for the making of grants to certain organizations. Thirdly, this Part amends the Farm Credit Canada Act to remove the temporal restriction on investments and to increase its capital. Finally, this Part repeals the Debt Servicing and Reduction Account Act and provides that it does not apply to the 2002-2003 or any later fiscal year. Part 6 amends the Air Travellers Security Charge Act to reduce the air travellers security charge for domestic air travel from $12 to $7 for one-way travel and from $24 to $14 for round-trip travel, applicable to air travel purchased on or after March 1, 2003. Part 7 amends the Customs Tariff, Excise Act, 2001 and Excise Tax Act to implement tobacco tax increases proposed on June 17, 2002. The proposed amendments include increases in the taxes and duties on cigarettes, tobacco sticks and other manufactured tobacco, cigars, exported tobacco products, and tobacco products delivered to duty-free shops, sold as ships’ stores or imported by Canadian residents returning to Canada. Part 8 amends the Excise Tax Act to implement measures relating to the fuel excise taxes imposed under Part III of that Act and the goods and services tax or harmonized sales tax (GST/HST) imposed under Part IX of that Act. With respect to excise taxes, Part 8 removes the 4-cent-per-litre federal excise tax on diesel fuel from bio-diesel fuel, from the bio-diesel portion of blended diesel fuel, and from the biomass-produced ethanol or methanol portion of blended diesel fuel, effective February 19, 2003. As well, it clarifies that no rebate of the excise tax on fuel is payable in respect of fuel taken out of the country in the fuel tank of a vehicle being driven across the border, applicable to rebate claims received by the Canada Customs and Revenue Agency on or after February 18, 2003. With respect to the GST/HST, it ensures that the supply of school transportation services by school authorities continues to be treated as an exempt activity and that the supply of municipal services by a private contractor to a municipality or government continues to be treated as taxable, in both cases effective from the date of first enactment of the respective provisions on December 17, 1990. Part 9 enacts the First Nations Goods and Services Tax Act, which provides for the imposition by eligible first nations of a first nations goods and services tax (FNGST) on first nation lands. The FNGST would be payable by both aboriginals and non-aboriginals and would be identical to the 7-per-cent goods and services tax (GST) or the federal component of the harmonized sales tax (HST) that is imposed under Part IX of the Excise Tax Act. A first nation may enact a law that imposes an FNGST either under the authority granted by the First Nations Goods and Services Tax Act or under a power to enact a law that has been recognized or granted under another Act of Parliament or under an agreement that has been given effect by another Act of Parliament. A key feature of the enactment is that it provides for the seamless operation of the GST/HST and an FNGST imposed by a first nation. Also, the enactment provides for the authority to enter into an administration agreement between the Government of Canada and the authorized body of a first nation respecting the collection and administration of the 7-per-cent first nations goods and services tax imposed under the law of a first nation and for the estimation and sharing of tax revenues between the Government of Canada and the first nation. Part 10 enacts amendments to the Income Tax Act that — increase the annual National Child Benefit Supplement through successive increases of $150 per child in July 2003, $185 in July 2005 and $185 in July 2006 (indexed after year of introduction); — introduce, effective July 2003, a $1600 Child Disability Benefit as a supplement to the Canada Child Tax Benefit (with payments starting March 2004); — increase, from $7,634 to $13,814 (indexed after 2003), the level of income used to determine the financial dependence of a child or grandchild for the purposes of the rollovers of RRSP and RRIF proceeds on the death of an annuitant; — clarify the eligibility criteria for the Disability Tax Credit; — expand the list of expenses eligible for the Medical Expense Tax Credit to include certain expenses for real-time captioning and note-taking services, and voice recognition software, and the incremental cost to individuals with celiac disease of acquiring glutenfree food products; — increase the limits for tax-assisted retirement saving; — expand the capital gains rollover for eligible small-business shares by eliminating the original investment limit and the reinvestment limit and allowing an eligible reinvestment to be made in the year of disposition of the original investment shares or within 120 days after the year; — provide relieving measures concerning the deductibility of automobile expenses and the recognition of taxable benefits relating to automobiles; — increase, to $300,000 from $200,000, in increments of $25,000 commencing in 2003, the annual amount of active business income of a small business corporation that is eligible for the special 12 per cent federal corporate income tax rate; — eliminate the federal capital tax on large corporations over a period of 5 years and increase the threshold at which it begins to apply from $10,000,000 to $50,000,000 in 2004; — extend the Mineral Exploration Tax Credit to the end of 2004; — improve the application of the tax shelter rules to arrangements representing the deductibility of tax credits; and — increase the amount of the Film or Video Production Services Tax Credit to 16 per cent from 11 per cent. Part 10 also amends the Children’s Special Allowances Act as a consequence to add, with respect to special allowances payable for months that are after June 2003, a benefit parallel to the new $1600 Child Disability Benefit Supplement to the Canada Child Tax Benefit. Part 11 amends the Excise Act, 2001, the non-GST/HST parts of the Excise Tax Act and the Income Tax Act to harmonize various accounting, interest, penalty and related administrative and enforcement provisions, generally applicable after June 2003. TABLE OF PROVISIONS AN ACT TO IMPLEMENT CERTAIN PROVISIONS OF THE BUDGET TABLED IN PARLIAMENT ON FEBRUARY 18, 2003 SHORT TITLE 1. Budget Implementation Act, 2003 PART 1 DIAGNOSTIC AND MEDICAL EQUIPMENT 2. Payments to trust — equipment and training PART 2 AMENDMENTS TO THE FEDERAL-PROVINCIAL FISCAL ARRANGEMENTS ACT 3-8. Federal-Provincial Fiscal Arrangements Act PART 3 STUDENT LOANS 9-12. Canada Student Financial Assistance Act 13. Canada Student Loans Act Coming into Force 14. Coming into force PART 4 EMPLOYMENT INSURANCE 15-22. Employment Insurance Act 23-24. Employment Insurance (Fishing) Regulations 25. Transitional provisions Related Amendments 26-29. Canada Labour Code 30. Coming into force �� PART 5 GENERAL — NON-TAX MEASURES Foundations 31. Budget Implementation Act, 1997 32. Budget Implementation Act, 1998 33. Canada Foundation for Sustainable Development Technology Act Appropriations for Grants 34. Canada Foundation for Sustainable Development Technology 35. Canadian Foundation for Climate and Atmospheric Sciences 36. Canada Health Infoway Inc. 37. Canadian Health Services Research Foundation 38. Canadian Institute for Health Information 39. Canada Foundation for Innovation 40. Genome Canada Amendments to the Farm Credit Canada Act 41-42. Farm Credit Canada Act Repeal Debt Servicing and Reduction Account Act 43. Debt Servicing and Reduction Account Act PART 6 AMENDMENTS TO THE AIR TRAVELLERS SECURITY CHARGE ACT 44. Air Travellers Security Charge Act PART 7 AMENDMENTS RELATED TO THE TAXATION OF TOBACCO PRODUCTS 45. Customs Tariff 46-54. Excise Act, 2001 55-58. Excise Tax Act �� Coming into Force and Application 59-60. Coming into force and application PART 8 AMENDMENTS RELATED TO EXCISE TAX ON FUEL AND TO THE GOODS AND SERVICES TAX/HARMONIZED SALES TAX Excise Tax Act 61-65. Excise Tax Act Consequential Amendment to Excise Act, 2001 66. Excise Act, 2001 PART 9 FIRST NATIONS GOODS AND SERVICES TAXES First Nations Goods and Services Tax Act 67. Enactment of Act AN ACT RESPECTING FIRST NATIONS GOODS AND SERVICES TAX SHORT TITLE 1. Short title INTERPRETATION 2. Definitions APPLICATION OF OTHER ACTS OF PARLIAMENT 3. Section 87 of Indian Act and similar provisions FIRST NATION GOODS AND SERVICES TAX LAW 4. Authority to impose tax 5. Tax attributable to a first nation 6. Statutory authority to make payments 7. Coming into force — law under subsection 4(1) 8. Proof of law 9. Law of a band 10. First nation — provisions of other Acts of Parliament 11. Meaning of ‘‘first nation law’’ �� FIRST NATION LAW ENACTED UNDER SEPARATE POWER 12. Meaning of ‘‘first nation law’’ ADMINISTRATION AGREEMENT AND PART IX OF EXCISE TAX ACT 13. Tax not payable OFFENCES 14. Offences GENERAL 15. Amendment of schedule 16. Information reports Consequential Amendments 68. Excise Tax Act PART 10 AMENDMENTS TO THE INCOME TAX ACT AND ANOTHER ACT AS A CONSEQUENCE 69-89. Income Tax Act 90. Children’s Special Allowances Act PART 11 AMENDMENTS RELATED TO STANDARDIZED ACCOUNTING 91-93. Excise Act, 2001 94-110. Excise Tax Act 111-129. Income Tax Act Coordinating Amendments 130. Excise Act, 2001 SCHEDULE SCHEDULE LIST OF NAMES OF FIRST NATIONS AND GOVERNING BODIES AND DESCRIPTION OF LANDS 51-52 ELIZABETH II CHAPTER 15 An Act to implement certain provisions of the budget tabled in Parliament on February 18, 2003 [Assented to 19th June, 2003] Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: SHORT TITLE Short title 1. This Act may be cited as the Budget Implementation Act, 2003. PART 1 Payments to trust — equipment and training Provincial share Payments out of C.R.F. DIAGNOSTIC AND MEDICAL EQUIPMENT 2. (1) The Minister of Finance may make direct payments, in an aggregate amount of not more than $1.5 billion, to a trust established to provide the provinces with funding for the purposes of acquiring diagnostic and medical equipment and related specialized staff training in order to improve access to publicly funded diagnostic and treatment services. (2) The amount that may be provided to a province under this section is to be determined in accordance with the terms of the trust indenture establishing the trust referred to in subsection (1). (3) Any amount payable under this section may be paid by the Minister out of the Consolidated Revenue Fund at the times and in the manner that the Minister considers appropriate. � C. 15 Budget Impleme PART 2 R.S., c. F-8; 1995, c. 17, s. 45(1) AMENDMENTS TO THE FEDERAL-PROVINCIAL FISCAL ARRANGEMENTS ACT 2001, c. 19, s. 1 3. Paragraph 4(9)(a) of the Federal-Provincial Fiscal Arrangements Act is replaced by the following: (a) the total amount of the fiscal equalization payments to all provinces as determined under this Part for any fiscal year in the period beginning on April 1, 2000 and ending on March 31, 2002 2000, c. 35, s. 5(2) 3.1 Subsection 13(4) of the Act is replaced by the following: Definition of ‘‘social programs’’ (4) In this section, ‘‘social programs’’ includes programs in respect of health, postsecondary education, social assistance and social services, including early childhood development, and early learning and child care services. 2000, c. 35, s. 6 4. (1) Paragraph 14(f) of the Act is repealed. 2000, c. 35, s. 6 (2) Paragraph 14(g) of the Act is amended by adding the word ‘‘and’’ at the end of subparagraph (ii) and by replacing subparagraphs (iii) to (v) with the following: (iii) $4.325 billion for the fiscal year beginning on April 1, 2003; and (3) Section 14 of the Act is amended by adding the following after paragraph (g): (h) a cash contribution of $2.5 billion to be paid to the trust referred to in section 16.3. 5. Section 15 of the Act is amended by adding the following after subsection (5): 2002-2003 Exécution du bu Provincial share of cash contribution established under paragraph 14(h) (6) The portion of the cash contribution established under paragraph 14(h) that may be provided to a province is to be determined in accordance with the terms of the trust indenture establishing the trust referred to in section 16.3. 1999, c. 31, s. 238 6. (1) The portion of paragraph 16(2)(a) of the French version of the Act after subparagraph (iii) is replaced by the following; égal au produit obtenu en multipliant par 13,5/(100-9,143) l’« impôt qu’il est par ailleurs tenu de payer en vertu de la présente partie », au sens du paragraphe 120(4) de la Loi de l’impôt sur le revenu, sur ces revenus; 1999, c. 31, s. 238 (2) The portion of paragraph 16(2)(b) of the French version of the Act after subparagraph (iii) is replaced by the following; égal au produit obtenu en multipliant par 13,5/(100-9,143) l’« impôt qu’il est par ailleurs tenu de payer en vertu de la présente partie », au sens du paragraphe 120(4) de la Loi de l’impôt sur le revenu, sur ces revenus; 7. The Act is amended by adding the following after section 16.2: Payments to trust — Canada Health and Social Transfer supplement 16.3 The Minister may make direct payments, in an aggregate amount of not more than $2.5 billion, to a trust established to provide the provinces with funding for the purposes of relieving existing pressures in the health care system. 8. The Act is amended by adding the following after section 23.2: PART V.1 CANADA HEALTH TRANSFER, CANADA SOCIAL TRANSFER AND HEALTH REFORM TRANSFER � C. 15 Budget Impleme Canada Health Transfer Purposes 24. Subject to this Part and for the purpose of giving effect to the 2003 First Ministers’ Accord on Health Care Renewal, a Canada Health Transfer in the amounts referred to in subsection 24.1(1) is to be provided to the provinces for the purposes of (a) maintaining the national criteria and conditions in the Canada Health Act, including those respecting public administration, comprehensiveness, universality, portability and accessibility, and the provisions relating to extra-billing and user charges; and (b) contributing to providing the best possible health care system for Canadians and to making information about the health care system available to Canadians. Amount 24.1 (1) The Canada Health Transfer is to consist of (a) a cash contribution of (i) $12.65 billion for the fiscal year beginning on April 1, 2004, (ii) $13 billion for the fiscal year beginning on April 1, 2005, (iii) $13.4 billion for the fiscal year beginning on April 1, 2006, and (iv) $13.75 billion for the fiscal year beginning on April 1, 2007; and (b) the portion of the total equalized tax transfer for all provinces that is determined by multiplying the total equalized tax transfer for all provinces by the quotient, rounded to the nearest hundredth, that is obtained by dividing an amount equal to the cash contribution specified in subparagraph (a)(i) by an amount equal to the aggregate of the cash contributions specified in subparagraphs (a)(i) and 24.4(1)(a)(i). 2002-2003 Exécution du bu Meaning of ‘‘total equalized tax transfer’’ (2) In subsection (1), ‘‘total equalized tax transfer’’ means the total equalized tax transfer as determined in accordance with subsection 24.7(1). Provincial share 24.2 The cash contribution established under paragraph 24.1(1)(a) that may be provided to a province for each of the fiscal years mentioned in that paragraph is the amount determined by the formula F x (K/L) - M where F is the total of the amounts established under paragraphs 24.1(1)(a) and (b) for the fiscal year; K is the population of the province for the fiscal year; L is the total of the population of all provinces for the fiscal year; and M is the amount obtained by multiplying the total equalized tax transfer for the province as determined in accordance with subsection 24.7(1) by the quotient, rounded to the nearest hundredth, that is obtained by dividing an amount equal to the cash contribution specified in subparagraph 24.1(1)(a)(i) by an amount equal to the aggregate of the cash contributions specified in subparagraphs 24.1(1)(a)(i) and 24.4(1)(a)(i). Canada Social Transfer Purposes 24.3 (1) Subject to this Part, a Canada Social Transfer in the amounts referred to in subsection 24.4(1) is to be provided to the provinces for the purposes of (a) financing social programs in a manner that provides provincial flexibility; (b) maintaining the national standard, set out in subsection 25.1(1), that no period of minimum residency be required or allowed with respect to social assistance; and (c) promoting any shared principles and objectives that are developed under subsection (2) with respect to the operation of social programs. � C. 15 Budget Impleme Discussion with provinces (2) The Minister of Human Resources Development shall invite representatives of all the provinces to consult and work together to develop, through mutual consent, a set of shared principles and objectives for social programs that could underlie the Canada Social Transfer. Definition of ‘‘social programs’’ (3) In this section, ‘‘social programs’’ includes programs in respect of post-secondary education, social assistance and social services, including early childhood development, and early learning and child care services. Amount 24.4 (1) The Canada Social Transfer is to consist of (a) a cash contribution of (i) $7.75 billion for the fiscal year beginning on April 1, 2004, (ii) $75 million for the fiscal year beginning on April 1, 2004, (iii) $8.15 billion for the fiscal year beginning on April 1, 2005, (iv) $8.5 billion for the fiscal year beginning on April 1, 2006, and (v) $8.8 billion for the fiscal year beginning on April 1, 2007; and (b) the portion of the total equalized tax transfer for all provinces that is determined by multiplying the total equalized tax transfer for all provinces by the quotient, rounded to the nearest hundredth, that is obtained by dividing an amount equal to the cash contribution specified in subparagraph (a)(i) by an amount equal to the aggregate of the cash contributions specified in subparagraphs (a)(i) and 24.1(1)(a)(i). 2002-2003 Exécution du bu Meaning of ‘‘total equalized tax transfer’’ (2) In subsection (1), ‘‘total equalized tax transfer’’ means the total equalized tax transfer as determined in accordance with subsection 24.7(1). Provincial share 24.5 The cash contribution established under paragraph 24.4(1)(a) that may be provided to a province for each of the fiscal years mentioned in that paragraph is the amount determined by the formula F x (K/L) - M where F is the total of the amounts established under paragraphs 24.4(1)(a) and (b) for the fiscal year; K is the population of the province for the fiscal year; L is the total of the population of all provinces for the fiscal year; and M is the amount obtained by multiplying the total equalized tax transfer for the province as determined in accordance with subsection 24.7(1) by the quotient, rounded to the nearest hundredth, that is obtained by dividing an amount equal to the cash contribution specified in subparagraph 24.4(1)(a)(i) by an amount equal to the aggregate of the cash contributions specified in subparagraphs 24.1(1)(a)(i) and 24.4(1)(a)(i). Health Reform Transfer Purposes 24.6 (1) For the purpose of giving effect to the 2003 First Ministers’ Accord on Health Care Renewal and accelerating health care reform in the priority areas of primary health care, home care and catastrophic drug coverage, the Minister may make direct payments to the provinces to (a) increase, in the case of primary health care, the number of residents of a province routinely receiving needed care from multidisciplinary primary health care organizations or teams; (b) provide, in the case of home care, first dollar coverage for a basket of services in � C. 15 Budget Impleme the home and community for short-term acute home care, including acute community mental health and end-of-life care; and (c) ensure, in the case of catastrophic drug coverage, that persons who are residents under provincial law do not suffer undue financial hardship as a result of needed drug therapy. Payments (2) The amounts that may be paid under this section are (a) $1 billion for the fiscal year beginning on April 1, 2003; (b) $1.5 billion for the fiscal year beginning on April 1, 2004; (c) $3.5 billion for the fiscal year beginning on April 1, 2005; (d) $4.5 billion for the fiscal year beginning on April 1, 2006; and (e) $5.5 billion for the fiscal year beginning on April 1, 2007. Provincial share (3) The amount that may be paid to a province for each of the fiscal years mentioned in subsection (2) is the amount determined by multiplying the amount set out for that fiscal year by the quotient obtained by dividing (a) the population of the province for the fiscal year by (b) the total of the population of all provinces for the fiscal year. Total Equalized Tax Transfer Total equalized tax transfer 24.7 (1) The total equalized tax transfer applicable to a province for a fiscal year is the aggregate of (a) the total amount, as determined by the Minister, for the fiscal year represented by the federal income tax reduction in the province in respect of the Canada Health Transfer and the Canada Social Transfer for the fiscal year, and 2002-2003 Exécution du bu (b) the amount equal to the lesser of (i) the equalization payment that would be payable to the province for the fiscal year under Part I, and (ii) the amount of equalization that would be paid to the province in respect of the federal income tax reduction in all the provinces in respect of the Canada Health Transfer and the Canada Social Transfer for the fiscal year, if the method of calculation of fiscal equalization payments as set out in Part I, excluding subsection 4(6), were to be applied to the value of the income tax reduction in all the provinces in respect of the Canada Health Transfer and the Canada Social Transfer for the fiscal year, except that (A) for the purposes of the calculation under this subparagraph, the relevant revenue bases are to be determined in the prescribed manner, and (B) where subsection 4(6) applies in the determination of the fiscal equalization payment to the province for the fiscal year, the amount determined under this subparagraph is to be adjusted in the prescribed manner. Federal income tax reduction (2) For the purposes of subsection (1), the amount represented by the federal income tax reduction in a province in respect of the Canada Health Transfer and the Canada Social Transfer for a fiscal year is an amount equal to the aggregate of (a) seventy-five per cent of the amount, as determined by the Minister, that would be derived from a tax, computed in accordance with the Income Tax Act, (i) on the incomes, other than incomes from businesses, of individuals resident in the province on the last day of the taxation year ending in the fiscal year, �� C. 15 Budget Impleme within the meaning of the Income Tax Act, (ii) on the incomes, other than incomes from businesses, earned in the province in the taxation year ending in the fiscal year by individuals not resident in Canada at any time during the taxation year, within the meaning of the Income Tax Act, and (iii) on the incomes from businesses earned in the province in the taxation year ending in the fiscal year by individuals, within the meaning of the Income Tax Act, equal to the product obtained by multiplying 13.5/(100-9.143) by the ‘‘tax otherwise payable under this Part’’, within the meaning assigned by subsection 120(4) of the Income Tax Act, on those incomes, (b) twenty-five per cent of the amount, as determined by the Minister, that would be derived from a tax, computed in accordance with the Income Tax Act, (i) on the incomes, other than incomes from businesses, of individuals resident in the province on the last day of the taxation year beginning in the fiscal year, within the meaning of the Income Tax Act, (ii) on the incomes, other than incomes from businesses, earned in the province in the taxation year beginning in the fiscal year by individuals not resident in Canada at any time during the taxation year, within the meaning of the Income Tax Act, and (iii) on the incomes from businesses earned in the province in the taxation year beginning in the fiscal year by individuals, within the meaning of the Income Tax Act, equal to the product obtained by multiplying 13.5/(100-9.143) by the ‘‘tax otherwise payable under this Part’’, within the meaning assigned by subsection 120(4) of the Income Tax Act, on those incomes, 2002-2003 Exécution du bu (c) seventy-five per cent of the amount, as determined by the Minister, that would be derived from a tax, computed in accordance with the Income Tax Act, on the income earned in the province by each corporation, other than a non-resident-owned investment corporation within the meaning of that Act or a corporation named in Schedule III to the Financial Administration Act, or a wholly-owned subsidiary within the meaning of that Act of a corporation so named, that is an agent of Her Majesty in right of Canada, that maintained a permanent establishment in the province at any time during its taxation year ending in the calendar year that ends in the fiscal year, at the rate of one per cent of its taxable income earned in the province in that taxation year, and (d) twenty-five per cent of the amount, as determined by the Minister, that would be derived from a tax, computed in accordance with the Income Tax Act, on the income earned in the province by each corporation, other than a non-resident-owned investment corporation within the meaning of that Act or a corporation named in Schedule III to the Financial Administration Act, or a wholly-owned subsidiary within the meaning of that Act of a corporation so named, that is an agent of Her Majesty in right of Canada, that maintained a permanent establishment in the province at any time during its taxation year ending in the calendar year that begins in the fiscal year, at the rate of one per cent of its taxable income earned in the province in that taxation year. Payments Payments out of C.R.F. 24.8 Any amount payable under this Part may be paid by the Minister out of the Consolidated Revenue Fund at the times and in the manner that may be prescribed. �� C. 15 Budget Impleme Reduction or Withholding Definitions 24.9 The following definitions apply in sections 25 to 25.5. ‘‘Minister’’ « ministre » ‘‘Minister’’ means the Minister of Human Resources Development. ‘‘social assistance’’ « assistance sociale » ‘‘social assistance’’ means aid in any form to or in respect of a person in need. Reduction or withholding — Canada Health Transfer and Canada Social Transfer 25. The cash contribution that may be provided to a province under section 24.2 or 24.5 or subsection 24.6(3) is to be reduced or withheld for the purposes of giving effect to (a) any order made by the Governor in Council in respect of the province under section 15 or 16 of the Canada Health Act or, in the case of a cash contribution under section 24.5, section 25.3 or 25.4 of this Act; or (b) any deduction from the cash contribution under section 20 of the Canada Health Act. Criteria for eligibility 25.1 (1) In order that a province may qualify for a full cash contribution under sections 24.2 and 24.5 and subsection 24.6(3) for a fiscal year, the laws of the province must not (a) require or allow a period of residence in the province or Canada to be set as a condition of eligibility for social assistance or for the receipt or continued receipt of social assistance; or (b) make or allow the amount, form or manner of social assistance to be contingent on a period of such residence. Exception (2) The criteria in subsection (1) are not contravened by a requirement of a health insurance plan of a province of a minimum period of residence in the province or waiting period that does not contravene paragraph 11(1)(a) of the Canada Health Act. 2002-2003 Exécution du bu Referral to Governor in Council 25.2 (1) Subject to subsection (3), if the Minister, after consultation in accordance with subsection (2) with the minister responsible for social assistance in a province, is of the opinion that the province does not or has ceased to comply with section 25.1 and the province has not given an undertaking satisfactory to the Minister to remedy the noncompliance within a period that the Minister considers reasonable, the Minister must refer the matter to the Governor in Council. Consultation process (2) Before referring a matter to the Governor in Council under subsection (1) in respect of a province, the Minister must (a) send by registered mail to the minister responsible for social assistance in the province a notice of concern with respect to any problem foreseen; (b) seek any additional information available from the province with respect to the problem through bilateral discussions, and make a report to the province within ninety days after sending the notice of concern; and (c) if requested by the province, meet within a reasonable time to discuss the report. Exception (3) The Minister may act under subsection (1) without consultation if he or she is of the opinion that a sufficient time has expired after reasonable efforts to achieve consultation were made and that consultation will not be achieved. Order reducing or withholding contribution 25.3 (1) If the Governor in Council, on the referral of a matter under section 25.2, is of the opinion that the province does not or has ceased to comply with section 25.1, the Governor in Council may, by order, (a) direct that any cash contribution under section 24.2 or 24.5 or subsection 24.6(3) to that province for a fiscal year be reduced, in respect of each non-compliance, by an amount that the Governor in Council considers to be appropriate, having regard to the gravity of the non-compliance; or �� C. 15 Budget Impleme (b) if the Governor in Council considers it appropriate, direct that the whole of any cash contribution under section 24.2 or 24.5 or subsection 24.6(3) to that province for a fiscal year be withheld. Amending orders (2) The Governor in Council may, by order, repeal or amend any order made under subsection (1) if the Governor in Council is of the opinion that the repeal or amendment is warranted in the circumstances. Copy of order (3) A copy of each order made under this section together with a statement of any findings on which the order was based must be sent without delay by registered mail to the government of the province concerned, and the Minister must have the order and statement laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the order is made. Commencement of order (4) An order made under subsection (1) does not come into force earlier than thirty days after a copy of the order has been sent to the government of the province concerned under subsection (3). Reimposition of reductions or withholdings 25.4 In the case of a continuing failure to comply with section 25.1, any reduction or withholding under section 25.3 of a cash contribution to a province for a fiscal year must be reimposed for each succeeding fiscal year as long as the Minister is satisfied, after consultation with the minister responsible for social assistance in the province, that the non-compliance is continuing. When reduction or withholding imposed 25.5 Any reduction or withholding under section 25.3 or 25.4 of a cash contribution may be imposed in the fiscal year in which the non-compliance that gave rise to the reduction or withholding occurred or in the following fiscal year. Additional Withholding and Deduction Definition of ‘‘federal payment’’ 25.6 (1) In this section, ‘‘federal payment’’, in respect of a province, means a payment by Canada to the province under this or any other Act of Parliament or any fiscal arrangement or agreement between Canada and the province, whether enacted or entered into before or after the coming into force of this section. 2002-2003 Exécution du bu Additional withholding or reduction (2) If the Governor in Council makes an order under subsection 15(1) of the Canada Health Act or subsection 25.3(1) of this Act directing, in respect of a fiscal year, the withholding of an amount that, but for this section, would exceed the amount that could be withheld under that subsection, the Governor in Council may, in that order, deem any federal payment to the province to be, despite any provision of the Act, arrangement or agreement under which the federal payment is made, a cash contribution to that province for that fiscal year for the purpose of a reduction by, or a withholding of, the excess amount under either of those subsections, under section 16 or 17 of the Canada Health Act or under section 25.4 or 25.5 of this Act. Additional deduction (3) If the amount to be deducted under subsection 20(1) or (2) of the Canada Health Act for a fiscal year exceeds the amount from which it is to be deducted, the Governor in Council may, by order, deem any federal payment to the province to be, despite any provision in the Act, arrangement or agreement under which the federal payment is made, a cash contribution to that province for that fiscal year for the purpose of deducting the excess amount under that subsection or section 21 of that Act. References in Other Acts References in other Act 25.7 Every reference to ‘‘Canada Health and Social Transfer’’ in any other Act of Parliament is to be read as a reference (a) until March 31, 2004, to ‘‘Canada Health and Social Transfer and the Health Reform Transfer’’; and (b) after that date, to ‘‘Canada Health Transfer, the Canada Social Transfer and the Health Reform Transfer’’. �� C. 15 Budget Impleme Report Report by Ministers 25.8 The Minister, the Minister of Health and the Minister of Human Resources Development may, together or individually, prepare a report on the administration and operation of this Part and have the report laid before each House of Parliament. PART 3 STUDENT LOANS 1994, c. 28 Canada Student Financial Assistance Act 2001, c. 27, s. 219 9. Paragraph (a) of the definition ‘‘qualifying student’’ in subsection 2(1) of the Canada Student Financial Assistance Act is replaced by the following: (a) who is a Canadian citizen, a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act or a protected person within the meaning of subsection 95(2) of that Act, 2000, c. 14, s. 19 10. (1) The definitions ‘‘net costs’’ and ‘‘total program net costs’’ in subsection 14(6) of the Act are replaced by the following: ‘‘net costs’’ « coût net » ‘‘net costs’’, for a province for a loan year, means the amount determined by the formula (A + B) - (C + D) where A is the estimated aggregate of all amounts paid by the Minister in that loan year (a) to lenders, service providers or financial institutions under this Act, the regulations or an agreement entered into under section 5, 6.2 or 6.3, to lenders under the Canada Student Loans Act or the regulations made under that Act, and to collection agencies, in respect of student loans or guaranteed student loans made pursuant to certificates of eligibility issued or caused to be issued in any loan 2002-2003 Exécution du bu year by the appropriate authority for that province, and (b) to persons pursuant to regulations made under paragraph 15(p), excluding (c) any amounts paid pursuant to paragraph 5(e) or pursuant to regulations made under paragraph 15(o) that provide for the repayment of student loans by borrowers on an income-contingent basis, and (d) any provincial share paid pursuant to an agreement or arrangement made under subparagraph 18(b)(ii), B is the estimated aggregate of (a) the amount of interest calculated in that loan year in respect of outstanding loans referred to in the description of A made under an agreement entered into under section 6.1, at the rate of interest fixed or determined in accordance with subsection 20(2), (b) the amount by which the outstanding principal in respect of all loans referred to in paragraph (a) has been reduced in that loan year in accordance with the regulations, (c) the amount of the outstanding principal and interest in respect of all loans referred to in paragraph (a) for which the Minister has, in that loan year, cancelled the obligation to pay, in accordance with the regulations, as a result of the death or disability of the borrower, and (d) the amount of the outstanding principal and interest in respect of all loans referred to in paragraph (a) for which the Minister has commenced collection action in that loan year, minus the amount of the outstanding principal and interest in respect of loans referred to in that paragraph for which the Minister has ended collection action in that loan year due to the occurrence of an event set out in the regulations that resulted in the removal of restrictions to financial assistance, �� C. 15 Budget Impleme C is the estimated aggregate of all amounts received by or on behalf of Her Majesty in right of Canada in that loan year, including any amount received pursuant to the Financial Administration Act, in respect of loans referred to in the description of A, other than loans made under an agreement entered into under section 6.1, excluding (a) any amounts received pursuant to paragraph 5(e) or pursuant to regulations made under paragraph 15(o) that provide for the repayment of student loans by borrowers on an income-contingent basis, and (b) any amounts received by or on behalf of Her Majesty in right of Canada in respect of a provincial share paid pursuant to an agreement or arrangement made under subparagraph 18(b)(ii), and D is the estimated aggregate of (a) the amount of interest received by or on behalf of Her Majesty in right of Canada in that loan year in respect of loans referred to in the description of A that were made under an agreement entered into under section 6.1, and (b) any amounts received in that loan year pursuant to collection action taken by the Minister in respect of loans referred to in paragraph (a). ‘‘total program net costs’’ « coût net total du programme » ‘‘total program net costs’’, for a loan year, means the amount determined by the formula (A + B) - (C + D) where A is the aggregate of all amounts paid by the Minister in that loan year (a) to lenders, service providers or financial institutions under this Act, the regulations or an agreement entered into under section 5, 6.2 or 6.3, to lenders under the Canada Student Loans Act or the regulations made under that Act, and to collection 2002-2003 Exécution du bu agencies, in respect of student loans or guaranteed student loans made pursuant to certificates of eligibility issued or caused to be issued in any loan year by the appropriate authorities for participating provinces, and (b) to persons pursuant to regulations made under paragraph 15(p), excluding (c) any amounts paid pursuant to paragraph 5(e) or pursuant to regulations made under paragraph 15(o) that provide for the repayment of student loans by borrowers on an income-contingent basis, and (d) any provincial share paid pursuant to an agreement or arrangement made under subparagraph 18(b)(ii), B is the aggregate of (a) the estimated amount of interest calculated in that loan year in respect of outstanding loans referred to in the description of A made under an agreement entered into under section 6.1, at the rate of interest fixed or determined in accordance with subsection 20(2), (b) the amount by which the outstanding principal in respect of all loans referred to in paragraph (a) has been reduced in that loan year in accordance with the regulations, (c) the amount of the outstanding principal and interest in respect of all loans referred to in paragraph (a) for which the Minister has, in that loan year, cancelled the obligation to pay, in accordance with the regulations, as a result of the death or disability of the borrower, and (d) the amount of the outstanding principal and interest in respect of all loans referred to in paragraph (a) for which the Minister has commenced collection action in that loan year, minus the amount of the outstanding principal and interest in respect of loans referred to in that paragraph for �� C. 15 Budget Impleme which the Minister has ended collection action in that loan year due to the occurrence of an event set out in the regulations that resulted in the removal of restrictions to financial assistance, C is the aggregate of all amounts received by or on behalf of Her Majesty in right of Canada in that loan year, including any amount received pursuant to the Financial Administration Act, in respect of loans referred to in the description of A, other than loans made under an agreement entered into under section 6.1, excluding (a) any amounts received pursuant to paragraph 5(e) or pursuant to regulations made under paragraph 15(o) that provide for the repayment of student loans by borrowers on an income-contingent basis, and (b) any amounts received by or on behalf of Her Majesty in right of Canada in respect of a provincial share paid pursuant to an agreement or arrangement made under subparagraph 18(b)(ii), and D is the aggregate of (a) the amount of interest received by or on behalf of Her Majesty in right of Canada in that loan year in respect of loans referred to in the description of A that were made under an agreement entered into under section 6.1, and (b) any amounts received in that loan year pursuant to collection action taken by the Minister in respect of loans referred to in paragraph (a). (2) Subsection 14(7) of the Act is replaced by the following: Exception (7) The following amounts shall be included in the calculations described in the definitions ‘‘net costs’’ and ‘‘total program net costs’’ in subsection (6) only if the government of the province satisfies the Minister, by written notice received by the Minister before the beginning of the loan year in question, that, in relation to the matter in question, the 2002-2003 Exécution du bu provincial student financial assistance plan has substantially the same effect as the plan established by this Act and the regulations: (a) amounts that are determined as a result of the application of subparagraph 5(a)(viii) or section 7, 10 or 11; (b) amounts in relation to programs established by regulations made under paragraph 15(l), (m), (n) or (p); (c) in respect of loans made under an agreement entered into under section 6.1, amounts in relation to a termination of the Minister’s rights or a reduction in the outstanding principal resulting from the operation of regulations made under paragraph 15(o), other than regulations that provide for the repayment of student loans by borrowers on an income-contingent basis; and (d) amounts in relation to programs established by regulations made under section 11 of the Canada Student Loans Act. Negative amounts (8) If the amount determined by the formula ‘‘(A + B) - (C + D)’’ in subsection (6) would, but for this subsection, be a negative amount, it is deemed to be zero. 11. The Act is amended by adding the following after section 16: Limitation period 16.1 (1) Subject to this section and section 16.2, no action or proceedings shall be taken to recover money owing under a student loan more than six years after the day on which the money becomes due and payable. Deduction and set-off (2) Money owing under a student loan may be recovered at any time by way of deduction from or set-off against any sum of money that may be due or payable by Her Majesty in right of Canada to the borrower or the estate or succession of the borrower. Acknowledgment of liability (3) If a borrower’s liability for money owing under a student loan is acknowledged in accordance with subsection (4), the time during which the limitation period has run before the acknowledgment does not count in the calculation of that period. �� Types of acknowledgments C. 15 Budget Impleme (4) An acknowledgment of liability means (a) a written promise to pay the money owing, signed by the borrower or his or her agent or other representative; (b) a written acknowledgment of the money owing, signed by the borrower or his or her agent or other representative, whether or not a promise to pay can be implied from it and whether or not it contains a refusal to pay; (c) a part payment by the borrower or his or her agent or other representative of any money owing; or (d) any acknowledgment of the money owing made by the borrower, his or her agent or other representative or the trustee or administrator in the course of proceedings under the Bankruptcy and Insolvency Act or any other legislation dealing with the payment of debts. Acknowledgment after expiry of limitation period (5) If a borrower’s liability for money owing under a student loan is acknowledged in accordance with subsection (4) after the expiry of the limitation period in respect of the loan, an action or proceedings to recover the money may, subject to subsections (3) and (6), be brought within six years after the date of the acknowledgment. Limitation period suspended (6) The running of a limitation period in respect of a student loan is suspended during any period in which it is prohibited to commence or continue an action or other proceedings against the borrower to recover money owing under the loan. Enforcement proceedings (7) This section does not apply in respect of an action or proceedings relating to the execution, renewal or enforcement of a judgment. Application 16.2 (1) This section applies only in respect of the recovery of money that became due and payable under a student loan before the coming into force of this section. 2002-2003 Exécution du bu Limitation period (2) Subject to this section, no action or proceedings shall be taken to recover money owing under a student loan more than six years after the day on which the limitation period that applied before the coming into force of this section started to run. Prior acknowledgments (3) For the purposes of subsection (2), the day of the most recent acknowledgment of a borrower’s liability in respect of money owing under a student loan is deemed to be the day on which the limitation period started to run if (a) the acknowledgment was made before the coming into force of this section; and (b) under the law applicable at the time of the acknowledgment, the time during which the limitation period ran before the acknowledgment did not count in the calculation of that period. Deduction and set-off (4) Money owing under a student loan may be recovered at any time by way of deduction from or set-off against any sum of money that may be due or payable by Her Majesty in right of Canada to the borrower or the estate or succession of the borrower. Acknowledgment of liability (5) If, on or after the day on which this section comes into force, a borrower’s liability for money owing under a student loan is acknowledged in accordance with subsection (6), the time during which the limitation period has run before the acknowledgment does not count in the calculation of that period. Types of acknowledgments (6) For the purposes of subsections (5) and (7), an acknowledgment of liability means (a) a written promise to pay the money owing, signed by the borrower or his or her agent or other representative; (b) a written acknowledgment of the money owing, signed by the borrower or his or her agent or other representative, whether or not a promise to pay can be implied from it and whether or not it contains a refusal to pay; (c) a part payment by the borrower or his or her agent or other representative of any money owing; or �� C. 15 Budget Impleme (d) any acknowledgment of the money owing made by the borrower, his or her agent or other representative or the trustee or administrator in the course of proceedings under the Bankruptcy and Insolvency Act or any other legislation dealing with the payment of debts. Acknowledgment after expiry of limitation period (7) If, after the expiry of the limitation period in respect of a student loan — including any limitation period that expired before the coming into force of this section — and on or after the day on which this section comes into force, a borrower’s liability for money owing under the loan is acknowledged in accordance with subsection (6), an action or proceedings to recover the money may, subject to subsections (5) and (8), be brought within six years after the date of the acknowledgment. Limitation period suspended (8) The running of a limitation period in respect of a student loan is, commencing on the day on which this section comes into force, suspended during any period in which it is prohibited to commence or continue an action or other proceedings against the borrower to recover money owing under the loan. Statutory bar (9) Subject to subsection (7), if the limitation period in respect of a student loan expired before the coming into force of this section, no action or proceeding shall be taken to recover money owing under the loan. Enforcement proceedings (10) This section does not apply in respect of an action or proceedings relating to the execution, renewal or enforcement of a judgment. 12. Section 20 of the Act is renumbered as subsection 20(1) and is amended by adding the following: Interest rates (2) The Minister, with the concurrence of the Minister of Finance and subject to the approval of the Governor in Council, shall fix a rate of interest, or a manner of determining a rate of interest, for the purposes of paragraph (a) of the description of B in the definitions ‘‘net costs’’ and ‘‘total program net costs’’ in subsection 14(6). 2002-2003 R.S., c. S-23 Exécution du bu Canada Student Loans Act 13. The Canada Student Loans Act is amended by adding the following after section 19: Limitation period 19.1 (1) Subject to this section and section 19.2, no action or proceedings shall be taken to recover money owing under a guaranteed student loan more than six years after the day on which the money becomes due and payable. Deduction and set-off (2) Money owing under a guaranteed student loan may be recovered at any time by way of deduction from or set-off against any sum of money that may be due or payable by Her Majesty in right of Canada to the borrower or the estate or succession of the borrower. Acknowledgment of liability (3) If a borrower’s liability for money owing under a guaranteed student loan is acknowledged in accordance with subsection (4), the time during which the limitation period has run before the acknowledgment does not count in the calculation of that period. Types of acknowledgments (4) An acknowledgment of liability means (a) a written promise to pay the money owing, signed by the borrower or his or her agent or other representative; (b) a written acknowledgment of the money owing, signed by the borrower or his or her agent or other representative, whether or not a promise to pay can be implied from it and whether or not it contains a refusal to pay; (c) a part payment by the borrower or his or her agent or other representative of any money owing; or (d) any acknowledgment of the money owing made by the borrower, his or her agent or other representative or the trustee or administrator in the course of proceedings under the Bankruptcy and Insolvency Act or any other legislation dealing with the payment of debts. �� C. 15 Budget Impleme Acknowledgment after expiry of limitation period (5) If a borrower’s liability for money owing under a guaranteed student loan is acknowledged in accordance with subsection (4) after the expiry of the limitation period in respect of the loan, an action or proceedings to recover the money may, subject to subsections (3) and (6), be brought within six years after the date of the acknowledgment. Limitation period suspended (6) The running of a limitation period in respect of a guaranteed student loan is suspended during any period in which it is prohibited to commence or continue an action or other proceedings against the borrower to recover money owing under the loan. Enforcement proceedings (7) This section does not apply in respect of an action or proceedings relating to the execution, renewal or enforcement of a judgment. Application 19.2 (1) This section applies only in respect of the recovery of money that became due and payable under a guaranteed student loan before the coming into force of this section. Limitation period (2) Subject to this section, no action or proceedings shall be taken to recover money owing under a guaranteed student loan more than six years after the day on which the limitation period that applied before the coming into force of this section started to run. Prior acknowledgments (3) For the purposes of subsection (2), the day of the most recent acknowledgment of a borrower’s liability in respect of money owing under a guaranteed student loan is deemed to be the day on which the limitation period started to run if (a) the acknowledgment was made before the coming into force of this section; and (b) under the law applicable at the time of the acknowledgment, the time during which the limitation period ran before the acknowledgment did not count in the calculation of that period. 2002-2003 Exécution du bu Deduction and set-off (4) Money owing under a guaranteed student loan may be recovered at any time by way of deduction from or set-off against any sum of money that may be due or payable by Her Majesty in right of Canada to the borrower or the estate or succession of the borrower. Acknowledgment of liability (5) If, on or after the day on which this section comes into force, a borrower’s liability for money owing under a guaranteed student loan is acknowledged in accordance with subsection (6), the time during which the limitation period has run before the acknowledgment does not count in the calculation of that period. Types of acknowledgments (6) For the purposes of subsections (5) and (7), an acknowledgment of liability means (a) a written promise to pay the money owing, signed by the borrower or his or her agent or other representative; (b) a written acknowledgment of the money owing, signed by the borrower or his or her agent or other representative, whether or not a promise to pay can be implied from it and whether or not it contains a refusal to pay; (c) a part payment by the borrower or his or her agent or other representative of any money owing; or (d) any acknowledgment of the money owing made by the borrower, his or her agent or other representative or the trustee or administrator in the course of proceedings under the Bankruptcy and Insolvency Act or any other legislation dealing with the payment of debts. Acknowledgment after expiry of limitation period (7) If, after the expiry of the limitation period in respect of a guaranteed student loan — including any limitation period that expired before the coming into force of this section — and on or after the day on which this section comes into force, a borrower’s liability for money owing under the loan is acknowledged in accordance with subsection (6), an action or proceedings to recover the money may, subject to subsections (5) and (8), be brought within six years after the date of the acknowledgment. �� Limitation period suspended Statutory bar Enforcement proceedings C. 15 Budget Impleme (8) The running of a limitation period in respect of a guaranteed student loan is, commencing on the day on which this section comes into force, suspended during any period in which it is prohibited to commence or continue an action or other proceedings against the borrower to recover money owing under the loan. (9) Subject to subsection (7), if the limitation period in respect of a guaranteed student loan expired before the coming into force of this section, no action or proceeding shall be taken to recover money owing under the loan. (10) This section does not apply in respect of an action or proceedings relating to the execution, renewal or enforcement of a judgment. Coming into Force Coming into force 14. (1) Sections 9, 11 and 13 come into force or are deemed to have come into force on August 1, 2003. Coming into force (2) Sections 10 and 12 are deemed to have come into force on August 1, 2002. PART 4 EMPLOYMENT INSURANCE 1996, c. 23 Employment Insurance Act 2000, c. 12, s. 106 15. The definition ‘‘common-law partner’’ in subsection 2(1) of the Employment Insurance Act is replaced by the following: ‘‘common-law partner’’ « conjoint de fait » ‘‘common-law partner’’, in relation to an individual, means a person who is cohabiting with the individual in a conjugal relationship, having so cohabited for a period of at least one year; 16. (1) Section 10 of the Act is amended by adding the following after subsection (5): Exception (5.1) A claim for benefits referred to in section 23.1 with respect to a family member shall not be regarded as having been made on an earlier day under subsection (4) or (5) if (a) at the time the claim is made, all benefits that may otherwise have been payable in relation to that claim have already been exhausted; 2002-2003 Exécution du bu (b) the beginning of the period referred to in subsection 23.1(4) has already been determined with respect to that family member and the claim would have the effect of moving the beginning of that period to an earlier date; or (c) the claim is made in any other circumstances set out in the regulations. 2002, c. 9, s. 12(4) Extension of benefit period — special benefits (2) Subsections 10(13) to (15) of the Act are replaced by the following: (13) If, during a claimant’s benefit period, (a) regular benefits were not paid to the claimant, (b) benefits were paid because of all of the reasons mentioned in paragraphs 12(3)(a), (b) and (c), and (c) benefits were not paid for the maximum number of weeks established for the reasons mentioned in paragraphs 12(3)(a), (b) and (c), the benefit period is extended so that benefits may be paid up to the maximum number of weeks available to the claimant for the reason mentioned in each of paragraphs 12(3)(a), (b) and (c). Extension of benefit period — special benefits (13.1) If, during a claimant’s benefit period, (a) regular benefits were not paid to the claimant, (b) benefits were paid because of all of the reasons mentioned in paragraphs 12(3)(b), (c) and (d), and (c) benefits were not paid for the maximum number of weeks established for the reasons mentioned in paragraphs 12(3)(b), (c) and (d), the benefit period is extended so that benefits may be paid up to the maximum number of �� C. 15 Budget Impleme weeks available to the claimant for the reason mentioned in each of paragraphs 12(3)(b), (c) and (d). Extension of benefit period — special benefits (13.2) If, during a claimant’s benefit period, (a) regular benefits were not paid to the claimant, (b) benefits were paid because of all of the reasons mentioned in paragraphs 12(3)(a), (b) and (d), and (c) benefits were not paid for the maximum number of weeks established for the reasons mentioned in paragraphs 12(3)(a), (b) and (d), the benefit period is extended so that benefits may be paid up to the maximum number of weeks available to the claimant for the reason mentioned in each of paragraphs 12(3)(a), (b) and (d). Extension of benefit period — special benefits (13.3) If, during a claimant’s benefit period, (a) regular benefits were not paid to the claimant, (b) benefits were paid because of all of the reasons mentioned in subsection 12(3), and (c) benefits were not paid for the maximum number of weeks established for the reasons mentioned in paragraphs 12(3)(a), (b), (c) and (d), the benefit period is extended so that benefits may be paid up to the maximum number of weeks available to the claimant for the reason mentioned in each of those paragraphs. Maximum extension under subsections (10) to (13.3) (14) Subject to subsection (15), no extension under any of subsections (10) to (13.3) may result in a benefit period of more than 104 weeks. Maximum extension under subsections (13) to (13.3) (15) Unless the benefit period is also extended under any of subsections (10) to (12), 2002-2003 Exécution du bu (a) no extension under subsection (13) may result in a benefit period of more than 67 weeks; (b) no extension under subsection (13.1) or (13.2) may result in a benefit period of more than 58 weeks; and (c) no extension under subsection (13.3) may result in a benefit period of more than 73 weeks. 17. (1) Subsection 12(3) of the Act is amended by striking out the word ‘‘and’’ at the end of paragraph (b), by adding the word ‘‘and’’ at the end of paragraph (c) and by adding the following after paragraph (c): (d) because the claimant is providing care or support to one or more family members described in subsection 23.1(2), is six. (2) Section 12 of the Act is amended by adding the following after subsection (4): Maximum — compassionate care benefits (4.1) Even if more than one claim is made, or certificate is issued, in respect of the same family member, the maximum number of weeks of benefits payable under section 23.1 is six weeks during the period of 26 weeks beginning with the first day of the week referred to in paragraph 23.1(4)(a). Shorter period (4.2) If a shorter period is prescribed for the purposes of subsection 23.1(5), then that shorter period applies for the purposes of subsection (4.1). Expiration of shorter period (4.3) When a shorter period referred to in subsection (4.2) has expired in respect of a family member, no further benefits are payable under section 23.1 in respect of that family member until the minimum prescribed number of weeks has elapsed. 2000, c. 14, s. 3(3); 2002, c. 9, s. 13 (3) Subsection 12(5) of the Act is replaced by the following: Combined weeks of benefits (5) In a claimant’s benefit period, the claimant may combine weeks of benefits to which the claimant is entitled because of a reason mentioned in subsection (3), but the �� C. 15 Budget Impleme maximum number of combined weeks is 50. If the benefit period (a) is extended under subsection 10(13), the maximum number of combined weeks is 65; (b) is extended under subsection 10(13.1) or (13.2), the maximum number of combined weeks is 56; and (c) is extended under subsection 10(13.3), the maximum number of combined weeks is 71. 2002, c. 9, s. 14 Extension of period — special benefits 18. Subsections 23(3.2) and (3.3) of the Act are replaced by the following: (3.2) If, during a claimant’s benefit period, (a) regular benefits were not paid to the claimant, (b) benefits were paid because of all of the reasons mentioned in paragraphs 12(3)(a), (b) and (c), and (c) benefits were not paid for the maximum number of weeks established for the reason mentioned in paragraph 12(3)(b), the period referred to in subsection (2) is extended so that benefits may be paid up to that maximum number. Extension of period — special benefits (3.21) If, during a claimant’s benefit period, (a) regular benefits were not paid to the claimant, (b) benefits were paid because of all of the reasons mentioned in paragraphs 12(3)(b), (c) and (d), and (c) benefits were not paid for the maximum number of weeks established for the reason mentioned in paragraph 12(3)(b), the period referred to in subsection (2) is extended so that benefits may be paid up to that maximum number. Extension of period — special benefits (3.22) If, during a claimant’s benefit period, 2002-2003 Exécution du bu (a) regular benefits were not paid to the claimant, (b) benefits were paid because of all of the reasons mentioned in paragraphs 12(3)(a), (b) and (d), and (c) benefits were not paid for the maximum number of weeks established for the reasons mentioned in paragraph 12(3)(b), the period referred to in subsection (2) is extended so that benefits may be paid up to that maximum number. Extension of period — special benefits (3.23) If, during a claimant’s benefit period, (a) regular benefits were not paid to the claimant, (b) benefits were paid because of all of the reasons mentioned in subsection 12(3), and (c) benefits were not paid for the maximum number of weeks established for the reason mentioned in paragraph 12(3)(b), the period referred to in subsection (2) is extended so that benefits may be paid up to that maximum number. Limitation (3.3) No extension under any of the following provisions may result in the period referred to in subsection (2) being longer than the specified number of weeks: (a) for an extension under subsection (3.2), 67 weeks; (b) for an extension under subsection (3.21) or (3.22), 58 weeks; and (c) for an extension under subsection (3.23), 73 weeks. Limitation (3.4) No extension under any of subsections 10(10) to (13.3) may result in the period referred to in subsection (2) being longer than 104 weeks. 19. The Act is amended by adding the following after section 23: Definition 23.1 (1) In this section, ‘‘family member’’, in relation to an individual, means (a) a spouse or common-law partner of the individual; �� C. 15 Budget Impleme (b) a child of the individual or a child of the individual’s spouse or common-law partner; (c) a parent of the individual or a spouse or common-law partner of the parent; and (d) any other person who is a member of a class of persons prescribed for the purposes of this definition. Compassionate care benefits (2) Notwithstanding section 18, but subject to this section, benefits are payable to a major attachment claimant if a medical doctor has issued a certificate stating that (a) a family member of the claimant has a serious medical condition with a significant risk of death within 26 weeks (i) from the day the certificate is issued, (ii) in the case of a claim that is made before the day the certificate is issued, from the day from which the medical doctor certifies the family member’s medical condition, or (iii) in the case of a claim that is regarded to have been made on an earlier day under subsection 10(4) or (5), from that earlier day; and (b) the family member requires the care or support of one or more other family members. Medical practitioner (3) In the circumstances set out in the regulations, the certificate required under subsection (2) may be issued by a member of a prescribed class of medical practitioners. Weeks for which benefits may be paid (4) Subject to section 12, benefits under this section are payable for each week of unemployment in the period (a) that begins with the first day of the week in which the following falls, namely, (i) the day of issuance of the first certificate in respect of the family member that meets the requirements of subsection (2) and is filed with the Commission, 2002-2003 Exécution du bu (ii) in the case of a claim that is made before the day the certificate is issued, the day from which the medical doctor certifies the family member’s medical condition, or (iii) in the case of a claim that is regarded to have been made on an earlier day under subsection 10(4) or (5), that earlier day; and (b) that ends on the last day of the week in which any of the following occurs, namely, (i) all benefits payable under this section in respect of the family member are exhausted, (ii) the family member dies, or (iii) the expiration of 26 weeks following the first day of the week referred to in paragraph (a). Shorter period (5) If a shorter period is prescribed for the purposes of this section, (a) the certificate referred to in subsection (2) must state that the family member has a serious medical condition with a significant risk of death within that period; and (b) that period applies for the purposes of subparagraph (4)(b)(iii). Exception (6) Subparagraph (4)(a)(ii) does not apply to a claim if (a) at the time the certificate is filed with the Commission, all benefits that may otherwise have been payable in relation to that claim have already been exhausted; (b) the beginning of the period referred to in subsection (4) has already been determined with respect to the family member, and the filing of the certificate with the Commission would have the effect of moving the beginning of that period to an earlier date; or �� C. 15 Budget Impleme (c) the claim is made in any other circumstances set out in the regulations. Deferral of waiting period (7) A claimant who makes a claim for benefits under this section may have their waiting period deferred until they make another claim for benefits in the same benefit period if (a) another claimant has made a claim for benefits under this section in respect of the same family member during the period described in subsection (4) and that other claimant has served or is serving their waiting period in respect of that claim; (b) another claimant is making a claim for benefits under this section in respect of the same family member at the same time as the claimant and that other claimant elects to serve the waiting period; or (c) the claimant or another claimant meets the prescribed requirements. Division of weeks of benefits (8) If more than one claimant makes a claim for benefits under this section in respect of the same family member, any remaining weeks of benefits payable under this section may be divided in the manner agreed to by those claimants. Failure to agree (9) If the claimants referred to in subsection (8) cannot agree, the weeks of benefits are to be divided in accordance with the prescribed rules. Limitation (10) When benefits are payable to a claimant for the reasons set out in this section and any allowances, money or other benefits are payable to the claimant under a provincial law for the same or substantially the same reasons, the benefits payable to the claimant under this section shall be reduced or eliminated as prescribed. 20. (1) Section 54 of the Act is amended by adding the following after paragraph (c.1): (c.2) setting out circumstances for the purposes of paragraphs 10(5.1)(c) and 23.1(6)(c); 2002-2003 Exécution du bu (2) Section 54 of the Act is amended by adding the following before paragraph (g): (f.2) prescribing classes of persons for the purposes of paragraph 23.1(1)(d); (f.3) defining and determining what is care or support for the purposes of paragraph 23.1(2)(b); (f.4) prescribing classes of medical practitioners for the purposes of subsection 23.1(3) and setting out the circumstances in which a certificate may be issued by them under subsection 23.1(2); (f.5) prescribing a shorter period for the purposes of subsection 23.1(5) and prescribing a minimum number of weeks in relation to that shorter period for the purposes of subsection 12(4.3); (f.6) prescribing requirements for the purposes of paragraph 23.1(7)(c); (f.7) prescribing rules for the purposes of subsection 23.1(9); 2001, c. 5, s. 10 21. Section 67 of the Act is replaced by the following: Premium rate for 2004 66.2 Notwithstanding section 66, the premium rate for the year 2004 is 1.98%. Employee’s premium 67. Subject to section 70, a person employed in insurable employment shall pay, by deduction as provided in subsection 82(1), a premium equal to their insurable earnings multiplied by the premium rate set under section 66, 66.1 or 66.2, as the case may be. 22. (1) Paragraph 69(1)(a) of the Act is replaced by the following: (a) the payment of any allowances, money or other benefits because of illness, injury, quarantine, pregnancy, child care or compassionate care under a plan that covers insured persons employed by the employer, other than one established under provincial law, would have the effect of reducing the special benefits payable to the insured persons; and �� C. 15 Budget Impleme (2) Subsection 69(2) of the Act is replaced by the following: Provincial plans (2) The Commission shall, with the approval of the Governor in Council, make regulations to provide a system for reducing the employer’s and employee’s premiums when the payment of any allowances, money or other benefits because of illness, injury, quarantine, pregnancy, child care or compassionate care under a provincial law to insured persons would have the effect of reducing or eliminating the special benefits payable to those insured persons. (3) Section 69 of the Act is amended by adding the following after subsection (5): Definition (6) The reference to the payment of allowances, money or other benefits because of compassionate care in subsections (1) and (2) means the payment of allowances, money or other benefits for the same or substantially the same reasons for which benefits are payable under section 23.1. SOR/96-445 Employment Insurance (Fishing) Regulations SOR/2001-74 23. (1) Subsection 8(11.1) of the Employment Insurance (Fishing) Regulations is replaced by the following: (11.1) Notwithstanding subsection (11) and subject to the applicable maximums referred to in subsections (17) and (18), the benefit period of a fisher shall be extended by one week for each week in respect of which the fisher is entitled to special benefits under section 21, 22, 23 or 23.1 of the Act, but shall not exceed a maximum of 52 weeks. 2002-2003 2002, c. 9, s. 16(1) Exécution du bu (2) Subsections 8(11.3) to (11.5) of the Regulations are replaced by the following: (11.3) Notwithstanding subsection (11) and subject to the applicable maximums referred to in subsection (17), if, during a fisher’s benefit period, (a) benefits were not paid to the fisher under subsection (12), (b) benefits were paid because of the reasons mentioned in paragraphs 12(3)(a), (b) and (c) of the Act, and (c) benefits were not paid for the maximum number of weeks established for the reasons mentioned in paragraphs 12(3)(a), (b) and (c) of the Act, the benefit period is extended so that benefits may be paid up to the maximum number of weeks available to the fisher for the reason mentioned in each of paragraphs 12(3)(a), (b) and (c) of the Act. (11.31) Notwithstanding subsection (11) and subject to the applicable maximums referred to in subsection (17), if, during a fisher’s benefit period, (a) benefits were not paid to the fisher under subsection (12), (b) benefits were paid because of all of the reasons mentioned in paragraphs 12(3)(b), (c) and (d) of the Act, and (c) benefits were not paid for the maximum number of weeks established for those reasons, the benefit period is extended so that benefits may be paid up to the maximum number of weeks available to the fisher for the reason mentioned in each of paragraphs 12(3)(b), (c) and (d) of the Act. (11.32) Notwithstanding subsection (11) and subject to the applicable maximums referred to in subsection (17), if, during a fisher’s benefit period, (a) benefits were not paid to the fisher under subsection (12), �� C. 15 Budget Impleme (b) benefits were paid because of all of the reasons mentioned in paragraphs 12(3)(a), (b) and (d) of the Act, and (c) benefits were not paid for the maximum number of weeks established for the reasons mentioned in paragraphs 12(3)(a), (b) and (d) of the Act, the benefit period is extended so that benefits may be paid up to the maximum number of weeks available to the fisher for the reason mentioned in each of paragraphs 12(3)(a), (b) and (d) of the Act. (11.33) Notwithstanding subsection (11) and subject to the applicable maximums referred to in subsection (17), if, during a fisher’s benefit period, (a) benefits were not paid to the fisher under subsection (12), (b) benefits were paid because of all of the reasons mentioned in subsection 12(3) of the Act, and (c) benefits were not paid for the maximum number of weeks established for the reasons mentioned in paragraphs 12(3)(a), (b), (c) and (d) of the Act, the benefit period is extended so that benefits may be paid up to the maximum number of weeks available to the fisher for the reason mentioned in each those paragraphs. (11.4) Subject to subsection (11.5), no extension under any of subsections (11.1) to (11.33) may result in a benefit period of more than 104 weeks. (11.5) Unless a benefit period is also extended under subsection (11.1) or (11.2), no extension under subsections (11.3) to (11.33) may result in a benefit period of more than (a) in the case of an extension under subsection (11.3), 67 weeks; (b) in the case of an extension under subsection (11.31) or (11.32), 58 weeks; and (c) in the case of an extension under subsection (11.33), 73 weeks. 2002-2003 2002, c. 9, s. 16(2) 2002, c. 9, s. 16(3) Exécution du bu (3) Subsection 8(14) of the Regulations is replaced by the following: (14) No benefit period established under subsection (1) or (6) shall be extended beyond the date determined in accordance with any of subsections (11) to (11.33). (4) Subsection 8(17.1) of the Regulations is replaced by the following: (17.1) For the purpose of subsection (17), the reference in subsection 12(5) of the Act to (a) subsection 10(13) of the Act is to be read as a reference to subsection (11.3) of this section; (b) subsection 10(13.1) of the Act is to be read as a reference to subsection (11.31) of this section; (c) subsection 10(13.2) of the Act is to be read as a reference to subsection (11.32) of this section; and (d) subsection 10(13.3) of the Act is to be read as a reference to subsection (11.33) of this section. 24. (1) Subsection 12(3) of the Regulations is replaced by the following: (3) Subject to subsection (4), sections 22 to 23.1 of the Act apply to the payment of special benefits under this section. (2) Paragraph 12(4)(b) of the Regulations is replaced by the following: (b) entitled to benefits under section 22, 23 or 23.1 of the Act. Transitional Provisions 25. (1) Sections 15 to 20 and 22 apply to a claimant for any benefit period (a) that begins on or after January 4, 2004; or (b) that has not ended before January 4, 2004, but only for weeks of benefits that begin on or after that date. (2) Sections 23 and 24 apply to a fisher for any benefit period (a) that begins on or after January 4, 2004; or �� C. 15 Budget Impleme (b) that has not ended before January 4, 2004, but only for weeks of benefits that begin on or after that date. Related Amendments R.S., c. L-2 1993, c. 42, s. 26 Canada Labour Code 26. The heading ‘‘REASSIGNMENT, MATERLEAVE AND PARENTAL LEAVE’’ immediately after the heading ‘‘DIVISION VII’’ in Part III of the Canada Labour Code is replaced by the following: NITY REASSIGNMENT, MATERNITY LEAVE, PARENTAL LEAVE AND COMPASSIONATE CARE LEAVE 27. The Act is amended by adding the following after section 206.2: Compassionate Care Leave Definitions 206.3 (1) The following definitions apply in this section. ‘‘common-law partner’’ « conjoint de fait » ‘‘common-law partner’’, in relation to an individual, means a person who is cohabiting with the individual in a conjugal relationship, having so cohabited for a period of at least one year. ‘‘family member’’ « membre de la famille » ‘‘family member’’, in relation to an employee, means (a) a spouse or common-law partner of the employee; (b) a child of the employee or a child of the employee’s spouse or common-law partner; (c) a parent of the employee or a spouse or common-law partner of the parent; and (d) any other person who is a member of a class of persons prescribed for the purposes of this definition or the definition ‘‘family member’’ in subsection 23.1(1) of the Employment Insurance Act. ‘‘qualified medical practitioner’’ « médecin qualifié » ‘‘qualified medical practitioner’’ means a person who is entitled to practise medicine under the laws of a jurisdiction in which care 2002-2003 Exécution du bu or treatment of the family member is provided and includes a member of a class of medical practitioners prescribed for the purposes of subsection 23.1(3) of the Employment Insurance Act. ‘‘week’’ « semaine » ‘‘week’’ means the period between midnight on Saturday and midnight on the immediately following Saturday. Entitlement to leave (2) Subject to subsections (3) to (8), every employee is entitled to and shall be granted a leave of absence from employment of up to eight weeks to provide care or support to a family member of the employee if a qualified medical practitioner issues a certificate stating that the family member has a serious medical condition with a significant risk of death within 26 weeks from (a) the day the certificate is issued; or (b) if the leave was commenced before the certificate was issued, the day the leave was commenced. Period when leave may be taken (3) The leave of absence may only be taken during the period (a) that starts with (i) the first day of the week in which the certificate is issued, or (ii) if the leave was commenced before the certificate was issued, the first day of the week in which the leave was commenced if the certificate is valid from any day in that week; and (b) that ends with the last day of the week in which either of the following occurs, namely, (i) the family member dies, or (ii) the expiration of 26 weeks following the first day of the week referred to in paragraph (a). Shorter period (4) If a shorter period is prescribed by regulation for the purposes of subsection 23.1(5) of the Employment Insurance Act, (a) the certificate referred to in subsection (2) must state that the family member has a serious medical condition with a significant risk of death within that period; and �� Expiration of shorter period Minimum period of leave Aggregate leave — more than one employee Copy of certificate Prohibition — compassionate care leave C. 15 Budget Impleme (b) that shorter period applies for the purposes of subparagraph (3)(b)(ii). (5) When a shorter period referred to in subsection (4) has expired in respect of a family member, no further leave may be taken under this section in respect of that family member until the minimum number of weeks prescribed for the purposes of subsection 12(4.3) of the Employment Insurance Act has elapsed. (6) A leave of absence under this section may only be taken in periods of not less than one week’s duration. (7) The aggregate amount of leave that may be taken by two or more employees under this section in respect of the care or support of the same family member shall not exceed eight weeks in the period referred to in subsection (3). (8) If requested in writing by the employer within 15 days after an employee’s return to work, the employee must provide the employer with a copy of the certificate referred to in subsection (2). 28. Section 209.3 of the Act is renumbered as subsection 209.3(1) and is amended by adding the following: (2) The prohibitions set out in subsection (1) also apply in respect of an employee who has taken a leave of absence under section 206.3. 29. Section 209.4 of the Act is amended by adding the following after paragraph (a): (a.1) prescribing classes of persons for the purposes of paragraph (d) of the definition ‘‘family member’’ in subsection 206.3(1); 2002-2003 Exécution du bu Coming into Force Coming into force 30. (1) Subject to subsection (2), the provisions of this Part, other than sections 21, 23 and 24, come into force on a day to be fixed by order of the Governor in Council. Coming into force (2) Despite section 153 of the Employment Insurance Act, sections 23 and 24 come into force on a day to be fixed by order of the Governor in Council. PART 5 GENERAL — NON-TAX MEASURES Foundations 1997, c. 26 Budget Implementation Act, 1997 31. Section 31 of the Budget Implementation Act, 1997 is renumbered as subsection 31(1) and is amended by adding the following: Repayment out of remaining property 1998, c. 21 (2) Despite subsection (1), the Minister may require the foundation to repay out of the moneys arising from the liquidation to the Receiver General for credit to the Consolidated Revenue Fund any amount that is so repayable under the terms or conditions on which public moneys were provided to the foundation. Budget Implementation Act, 1998 32. Section 43 of the Budget Implementation Act, 1998 is renumbered as subsection 43(1) and is amended by adding the following: Repayment out of remaining property (2) Despite subsection (1), the Ministers may require the Foundation to repay out of the moneys arising from the liquidation to the Receiver General for credit to the Consolidated Revenue Fund any amount that is so repayable under the terms or conditions on which public moneys were provided to the Foundation. �� 2001, c. 23 C. 15 Budget Impleme Canada Foundation for Sustainable Development Technology Act 33. Section 32 of the Canada Foundation for Sustainable Development Technology Act is renumbered as subsection 32(1) and is amended by adding the following: Repayment out of remaining property (2) Despite subsection (1), the Minister may require the Foundation to repay out of the moneys arising from the liquidation to the Receiver General for credit to the Consolidated Revenue Fund any amount that is so repayable under the terms or conditions on which public moneys were provided to the Foundation. Appropriations for Grants Canada Foundation for Sustainable Development Technology $250,000,000 granted 34. From and out of the Consolidated Revenue Fund there may, on the requisition of the Minister of the Environment and the Minister of Natural Resources, be paid and applied a sum not exceeding two hundred and fifty million dollars for payment to the Canada Foundation for Sustainable Development Technology for its use. Canadian Foundation for Climate and Atmospheric Sciences $50,000,000 granted 35. From and out of the Consolidated Revenue Fund there may, on the requisition of the Minister of the Environment, be paid and applied a sum not exceeding fifty million dollars for payment to the Canadian Foundation for Climate and Atmospheric Sciences for its use. Canada Health Infoway Inc. $600,000,000 granted 36. From and out of the Consolidated Revenue Fund there may, on the requisition of the Minister of Health, be paid and applied a sum not exceeding six hundred million dollars for payment to the Canada Health Infoway Inc. for its use. 2002-2003 Exécution du bu Canadian Health Services Research Foundation $25,000,000 granted 37. From and out of the Consolidated Revenue Fund there may, on the requisition of the Minister of Health, be paid and applied a sum not exceeding twenty-five million dollars for payment to the Canadian Health Services Research Foundation for its use. Canadian Institute for Health Information $70,000,000 granted 38. From and out of the Consolidated Revenue Fund there may, on the requisition of the Minister of Health, be paid and applied a sum not exceeding seventy million dollars for payment to the Canadian Institute for Health Information for its use. Canada Foundation for Innovation $500,000,000 granted 39. From and out of the Consolidated Revenue Fund there may, on the requisition of the Minister of Industry, be paid and applied a sum not exceeding five hundred million dollars for payment to the Canada Foundation for Innovation for its use. Genome Canada $75,000,000 granted 40. From and out of the Consolidated Revenue Fund there may, on the requisition of the Minister of Industry, be paid and applied a sum not exceeding seventy-five million dollars for payment to Genome Canada for its use. 1993, c. 14; 2001, c. 22, s. 2 Amendments to the Farm Credit Canada Act 2001, c. 22, s. 5(4) 41. Paragraph 4(2)(f.4) of the Farm Credit Canada Act is replaced by the following: (f.4) acquire and dispose of investments in farming operations or in businesses related to farming, including shares of corporations that carry on those operations or businesses, within parameters that are satisfactory to the Minister of Finance; 1997, c. 26, s. 93 42. Subsection 11(1) of the Act is replaced by the following: �� Capital payments 1992, c. 18 C. 15 Budget Impleme 11. (1) At the request of the Corporation, the Minister of Finance may, with the approval of the Governor in Council, pay to the Corporation, out of the Consolidated Revenue Fund, amounts not exceeding in the aggregate one billion, two hundred and twenty-five million dollars, or such greater aggregate amount as may be authorized from time to time under an appropriation Act. Repeal of Debt Servicing and Reduction Account Act 43. (1) The Debt Servicing and Reduction Account Act does not apply to the fiscal year ending on March 31, 2003 or to any subsequent fiscal year. (2) The Act is repealed. PART 6 2002, c. 9, s. 5 AMENDMENTS TO THE AIR TRAVELLERS SECURITY CHARGE ACT 44. (1) Paragraphs 12(1)(a) to (c) of the Air Travellers Security Charge Act are replaced by the following: (a) $6.54 for each chargeable emplanement included in the service, to a maximum of $13.08, if (i) the service does not include transportation to a destination outside Canada, and (ii) tax under subsection 165(1) of the Excise Tax Act is required to be paid in respect of the service; (b) $7.00 for each chargeable emplanement included in the service, to a maximum of $14.00, if (i) the service does not include transportation to a destination outside Canada, and (ii) tax under subsection 165(1) of the Excise Tax Act is not required to be paid in respect of the service; (c) $11.22 for each chargeable emplanement included in the service, to a maximum of $22.43, if 2002-2003 Exécution du bu (i) the service includes transportation to a destination outside Canada and does not include transportation to a destination outside the continental zone, and (ii) tax under subsection 165(1) of the Excise Tax Act is required to be paid in respect of the service; (d) $12.00 for each chargeable emplanement included in the service, to a maximum of $24.00, if (i) the service includes transportation to a destination outside Canada and does not include transportation to a destination outside the continental zone, and (ii) tax under subsection 165(1) of the Excise Tax Act is not required to be paid in respect of the service; or (e) $24.00, if the service includes transportation to a destination outside the continental zone. (2) Subsection (1) applies in respect of any air transportation service that includes a chargeable emplanement after February 2003 and for which any consideration is paid or becomes payable after February 2003. PART 7 AMENDMENTS RELATED TO THE TAXATION OF TOBACCO PRODUCTS 1997, c. 36 Customs Tariff 2002, c. 22, s. 412 45. Paragraphs 21(2)(a) to (c) of the Customs Tariff are replaced by the following: (a) $0.075 per cigarette, in the case of cigarettes; (b) $0.055 per stick, in the case of tobacco sticks; and (c) $0.05 per gram, in the case of manufactured tobacco other than cigarettes and tobacco sticks. �� 2002, c. 22 C. 15 Budget Impleme Excise Act, 2001 46. Paragraphs 240(a) to (c) of the Excise Act, 2001 are replaced by the following: (a) $0.34995 per cigarette that was removed in contravention of that subsection, (b) $0.199966 per tobacco stick that was removed in contravention of that subsection, and (c) $199.966 per kilogram of manufactured tobacco, other than cigarettes and tobacco sticks, that was removed in contravention of that subsection. 47. (1) The portion of paragraph 1(a) of Schedule 1 to the Act before subparagraph (i) is replaced by the following: (a) $0.374875 for each five cigarettes or fraction of five cigarettes contained in any package, if the cigarettes are black stock (2) Paragraph 1(b) of Schedule 1 to the Act is replaced by the following: (b) $0.396255 for each five cigarettes or fraction of five cigarettes contained in any package, in any other case. 48. (1) The portion of paragraph 2(a) of Schedule 1 to the Act before subparagraph (i) is replaced by the following: (a) $0.054983 per stick, if the tobacco sticks are black stock (2) Paragraph 2(b) of Schedule 1 to the Act is replaced by the following: (b) $0.057983 per stick, in any other case. 49. (1) The portion of paragraph 3(a) of Schedule 1 to the Act before subparagraph (i) is replaced by the following: (a) $49.983 per kilogram, if the manufactured tobacco is black stock (2) Paragraph 3(b) of Schedule 1 to the Act is replaced by the following: (b) $53.981 per kilogram, in any other case. 2002-2003 Exécution du bu 50. (1) Paragraph (a) of Schedule 2 to the Act is replaced by the following: (a) $0.065 per cigar, and (2) The portion of paragraph (b) of Schedule 2 to the Act before subparagraph (i) is replaced by the following: (b) 65%, computed on 51. Paragraphs 1(a) to (c) of Schedule 3 to the Act are replaced by the following: (a) $0.075 per cigarette, in the case of cigarettes; (b) $0.055 per stick, in the case of tobacco sticks; and (c) $0.05 per gram, in the case of manufactured tobacco other than cigarettes or tobacco sticks. 52. Paragraphs 2(a) to (c) of Schedule 3 to the Act are replaced by the following: (a) $0.075 per cigarette, in the case of cigarettes; (b) $0.055 per stick, in the case of tobacco sticks; and (c) $0.05 per gram, in the case of manufactured tobacco other than cigarettes or tobacco sticks. 53. Paragraphs 3(a) to (c) of Schedule 3 to the Act are replaced by the following: (a) $0.075 per cigarette, in the case of cigarettes; (b) $0.055 per stick, in the case of tobacco sticks; and (c) $50.00 per kilogram, in the case of tobacco products other than cigarettes or tobacco sticks. 54. Paragraphs 4(a) to (c) of Schedule 3 to the Act are replaced by the following: (a) $0.095724 per cigarette, in the case of cigarettes; (b) $0.042 per stick, in the case of tobacco sticks; and (c) $46.002 per kilogram, in the case of tobacco products other than cigarettes or tobacco sticks. �� C. 15 Budget Impleme R.S., c. E-15 Excise Tax Act 2002, c. 22, s. 414 55. Paragraphs 23.11(2)(a) to (c) of the Excise Tax Act are replaced by the following: (a) $0.0475 per cigarette, in the case of cigarettes; (b) $0.03665 per stick, in the case of tobacco sticks; and (c) $31.65 per kilogram, in the case of manufactured tobacco other than cigarettes and tobacco sticks. 2002, c. 22, s. 415 56. Paragraphs 23.12(1)(a) to (c) of the Act are replaced by the following: (a) $0.075 per cigarette, in the case of cigarettes; (b) $0.055 per stick, in the case of tobacco sticks; and (c) $0.05 per gram, in the case of manufactured tobacco other than cigarettes and tobacco sticks. 2002, c. 22, s. 416(1) 57. (1) Paragraphs 23.13(1)(a) to (c) of the Act are replaced by the following: (a) $0.075 per cigarette, in the case of cigarettes; (b) $0.055 per stick, in the case of tobacco sticks; and (c) $50.00 per kilogram, in the case of manufactured tobacco other than cigarettes and tobacco sticks. 2002, c. 22, ss. 416(2) and (3) (2) Paragraphs 23.13(2)(a) to (c) of the Act are replaced by the following: (a) $0.1475 per cigarette, in the case of cigarettes; (b) $0.08165 per stick, in the case of tobacco sticks; and (c) $81.65 per kilogram, in the case of manufactured tobacco other than cigarettes and tobacco sticks. 1994, c. 29, s. 14(1); 2002, c. 22, s. 419 58. Sections 1 to 4 of Schedule II to the Act are replaced by the following: 2002-2003 Exécution du bu 1. Cigarettes: $0.25888 for each five cigarettes or fraction of five cigarettes contained in any package. 2. Tobacco sticks: $0.03965 per stick. 3. Manufactured tobacco other than cigarettes and tobacco sticks: $35.648 per kilogram. 4. Cigars: the greater of $0.065 per cigar and 65 per cent. Coming into Force and Application 59. For the purposes of applying the provisions of the Customs Act and the Excise Tax Act that provide for the payment of, or the liability to pay, interest in respect of any amount, the amount shall be determined and interest shall be computed on it as though this Act had been assented to on June 18, 2002. 60. (1) Section 45 is deemed to have come into force on June 18, 2002. For greater certainty, the Customs Tariff, as amended by section 45, is further amended by section 346 of the Excise Act, 2001 on the coming into force of that section 346, regardless of whether that coming into force occurs before or after this Act is assented to. (2) Sections 46 to 54 come into force or are deemed to have come into force on the day that is the earlier of the day on which this Act is assented to and the day on which Part 3 of the Excise Act, 2001 comes into force. (3) Sections 55 to 58 are deemed to have come into force on June 18, 2002. For greater certainty, the Excise Tax Act, as amended by those sections, is further amended by sections 368 and 390 of the Excise Act, 2001 on the coming into force of those sections 368 and 390, regardless of whether that coming into force occurs before or after this Act is assented to. �� C. 15 Budget Impleme PART 8 AMENDMENTS RELATED TO EXCISE TAX ON FUEL AND TO THE GOODS AND SERVICES TAX/HARMONIZED SALES TAX R.S., c. E-15 Excise Tax Act 61. (1) Section 23.4 of the Excise Tax Act is amended by adding the following after subsection (2): Where excise tax not payable on diesel-alcohol (3) Where diesel fuel has been blended with alcohol to produce a diesel-alcohol fuel, the excise tax imposed under section 23 on diesel fuel is not payable on the portion of the diesel-alcohol fuel that is equal to the percentage by volume of alcohol in the fuel. (2) Subsection (1) is deemed to have come into force on February 19, 2003. 62. (1) The Act is amended by adding the following after section 23.4: Definition of ‘‘bio-diesel fuel’’ 23.5 (1) In this section, ‘‘bio-diesel fuel’’ means a diesel fuel that is produced from waste materials, or feedstocks, of biological origin and not from petroleum, natural gas or coal. Excise tax not payable on bio-diesel fuel (2) The excise tax imposed under section 23 on diesel fuel is not payable on bio-diesel fuel. Where excise tax not payable on bio-diesel blended with diesel (3) Where diesel fuel has been blended with bio-diesel fuel to produce a diesel-bio-diesel fuel, the excise tax imposed under section 23 on diesel fuel is not payable on the portion of the diesel-bio-diesel fuel that is equal to the percentage by volume of bio-diesel fuel in the fuel. (2) Subsection (1) is deemed to have come into force on February 19, 2003. 63. (1) Section 68.1 of the Act is amended by adding the following after subsection (2): 2002-2003 Exception Exécution du bu (3) For greater certainty, no amount is payable to a person under subsection (1) in respect of tax paid on gasoline or diesel fuel transported out of Canada in the fuel tank of the vehicle that is used for that transportation. (2) Subsection (1) applies in respect of any application for a payment under section 68.1 of the Act received by the Minister of National Revenue after February 17, 2003. 1990, c. 45, s. 18 64. (1) Section 5 of Part III of Schedule V to the Act is replaced by the following: 5. A supply made by a school authority to a person other than another school authority of a service of transporting elementary or secondary school students to or from a school that is operated by a school authority. (2) Subsection (1) is deemed to have come into force on December 17, 1990. (3) If the amount of a school authority’s net tax for a reporting period determined under the Act as amended by subsection (1) is different from the amount that would be the authority’s net tax for the period if that subsection were not enacted, and the Minister of National Revenue has assessed the net tax for the period, the Minister may reassess the net tax or an amount payable by the authority under section 230.1 of the Act to take into account that difference, on or before the later of the day that is one year after the day on which this Act is assented to and the last day of the period otherwise allowed under section 298 of the Act for making the reassessment, despite that section and despite any decision of a court in respect of that reporting period of the authority that is rendered after December 21, 2001. �� 1997, c. 10, s. 115(1) C. 15 Budget Impleme 65. (1) Section 21 of Part VI of Schedule V to the Act is replaced by the following: 21. A supply of a municipal service, if (a) the supply is (i) made by a government or municipality to a recipient that is an owner or occupant of real property situated in a particular geographic area, or (ii) made on behalf of a government or municipality to a recipient that is an owner or occupant of real property situated in a particular geographic area and that is not the government or municipality; (b) the service is (i) one which the owner or occupant has no option but to receive, or (ii) supplied because of a failure by the owner or occupant to comply with an obligation imposed under a law; and (c) the service is not one of testing or inspecting any property for the purpose of verifying or certifying that the property meets particular standards of quality or is suitable for consumption, use or supply in a particular manner. (2) Subsection (1) is deemed to have come into force on December 17, 1990 except that, in applying section 21 of Part VI of Schedule V to the Act, as enacted by subsection (1), to supplies for which all of the consideration becomes due or is paid before April 24, 1996, it shall be read without reference to subparagraph (b)(ii). 2002, c. 22 Consequential Amendment to Excise Act, 2001 66. (1) Section 377 of the Excise Act, 2001 is replaced by the following: 2000, c. 30, s. 12(1) 377. Subsection 68.1(2) of the Act is repealed. 2002-2003 Exécution du bu (2) Subsection (1) comes into force or is deemed to have come into force on the earlier of the day before the day on which section 377 of the Excise Act, 2001 comes into force and the day on which this Act is assented to. PART 9 FIRST NATIONS GOODS AND SERVICES TAXES First Nations Goods and Services Tax Act 67. (1) The First Nations Goods and Services Tax Act is enacted as follows: An Act respecting first nations goods and services tax SHORT TITLE Short title 1. This Act may be cited as the First Nations Goods and Services Tax Act. INTERPRETATION Definitions 2. (1) The definitions in this subsection apply in this Act. ‘‘administration agreement’’ « accord d’application » ‘‘administration agreement’’ means an agreement referred to in subsection 5(2). ‘‘authorized body’’ « organe autorisé » ‘‘authorized body’’, of a first nation, means the body of the first nation that has the authority to enter into an administration agreement. ‘‘band’’ « bande » ‘‘band’’ has the meaning assigned by subsection 2(1) of the Indian Act. ‘‘governing body’’ « corps dirigeant » ‘‘governing body’’ means the body of a first nation that is identified opposite the name of the first nation listed in the schedule. ‘‘imported taxable supply’’ « fourniture taxable importée » ‘‘imported taxable supply’’ has the meaning assigned by section 217 of the Excise Tax Act. ‘‘input tax credit’’ « crédit de taxe sur les intrants » ‘‘input tax credit’’ has the same meaning as in Part IX of the Excise Tax Act. �� C. 15 Budget Impleme ‘‘lands’’ « terres » ‘‘lands’’, of a first nation, means the lands that are described opposite the name of the first nation listed in the schedule. ‘‘Minister’’ « ministre » ‘‘net tax’’ « taxe nette » ‘‘Minister’’ means the Minister of Finance. ‘‘Part IX of the Excise Tax Act’’ « partie IX de la Loi sur la taxe d’accise » ‘‘Part IX of the Excise Tax Act’’ includes Schedules V to X to that Act. ‘‘reserve’’ « réserve » ‘‘reserve’’ has the meaning assigned by subsection 2(1) of the Indian Act. Expressions defined in s. 123(1) of the Excise Tax Act (2) Unless a contrary intention appears, words and expressions used in this Act have the meanings assigned by subsection 123(1) of the Excise Tax Act. Mobile home or floating home (3) A mobile home or floating home is deemed to be tangible personal property for the purposes of applying the provisions of this Act and any first nation law, as defined in subsection 11(1) or 12(1), in respect of the bringing of tangible personal property onto the lands of a first nation. Application of deeming rules (4) If a provision of Part IX of the Excise Tax Act deems certain circumstances or facts to exist, those circumstances or facts are deemed to exist for the purposes of determining the matters in respect of which a first nation may enact a first nation law, as defined in subsection 11(1) or 12(1). ‘‘net tax’’ has the same meaning as in Part IX of the Excise Tax Act. APPLICATION OF OTHER ACTS OF PARLIAMENT Section 87 of Indian Act and similar provisions 3. (1) The obligation to pay tax or any other amount that is required to be paid under a first nation law, as defined in subsection 11(1) or 12(1), applies despite the application of the exemption under section 87 of the Indian Act and of any other exemption from taxation under any other Act of Parliament that is similar to the exemption under that section. Subsection 4(1) applies despite any other Act of Parliament (2) The governing body of a first nation listed in the schedule may enact a law under subsection 4(1) that imposes a tax despite any other Act of Parliament that limits the authority of the first nation to enact a law that imposes a tax. 2002-2003 Binding on Her Majesty Exécution du bu (3) If a provision of Part IX of the Excise Tax Act is binding on Her Majesty in right of Canada or a province, that provision, to the extent that it applies for the purposes of a first nation law, as defined in subsection 11(1) or 12(1), and any provision of the first nation law that corresponds to that provision of that Part, are so binding for the purposes of that law. FIRST NATION GOODS AND SERVICES TAX LAW Authority to impose tax 4. (1) Subject to this section, the governing body of a first nation that is listed in the schedule and that is a band or has the power to enact laws that has been recognized or granted under any other Act of Parliament or under an agreement that has been given effect by any other Act of Parliament may enact a law that imposes (a) a tax in respect of a taxable supply made on the lands of the first nation; (b) a tax in respect of the bringing of tangible personal property onto the lands of the first nation from a place in Canada; and (c) a tax in respect of an imported taxable supply made on the lands of the first nation. Supply made on lands (2) A supply, other than an imported taxable supply, is made on the lands of a first nation only if at least one of the following conditions is met: (a) if the lands of the first nation were a participating province, a provision of Part IX of the Excise Tax Act would deem the supply to be made in that participating province if (i) the lands of every other first nation in respect of which a first nation law, as defined in subsection 11(1) or 12(1), is in force at the time the supply is made were each a separate participating province, and �� C. 15 Budget Impleme (ii) the participating provinces listed in Schedule VIII to the Excise Tax Act were non-participating provinces; or (b) tax under Part IX of the Excise Tax Act is not payable in respect of the supply and such tax would, without section 13, be payable but for the connection of the supply with those lands and the application of the exemption under section 87 of the Indian Act or of any other exemption from taxation under any other Act of Parliament that is similar to the exemption under that section. Supply of specified motor vehicle on lands (3) Despite subsection (2), for the purposes of paragraph (1)(a), a supply of a specified motor vehicle by way of lease, licence or similar arrangement under an agreement under which continuous possession or use of the vehicle is provided for a period of more than three months is made on the lands of a first nation only if (a) in the case of a recipient who is an individual, the recipient ordinarily resides on those lands at the time the supply is made; and (b) in the case of a recipient who is not an individual, the ordinary location of the vehicle, determined for the purposes of Schedule IX to the Excise Tax Act at the time the supply is made, is on those lands. Imported taxable supply made on lands (4) An imported taxable supply is made on the lands of a first nation only if at least one of the following conditions is met: (a) tax would be payable in respect of the imported taxable supply under subsection 218.1(1) of the Excise Tax Act if (i) the lands of the first nation were the particular participating province referred to in that subsection, (ii) the lands of every other first nation in respect of which a first nation law, as defined in subsection 11(1) or 12(1), is in force at the time the supply is made were each a separate participating province, 2002-2003 Exécution du bu (iii) the participating provinces listed in Schedule VIII to the Excise Tax Act were non-participating provinces, and (iv) the recipient of the supply were not a selected listed financial institution; or (b) tax under Part IX of the Excise Tax Act is not payable in respect of the imported taxable supply and such tax would, without section 13, be payable but for the connection of the supply with those lands and the application of the exemption under section 87 of the Indian Act or of any other exemption from taxation under any other Act of Parliament that is similar to the exemption under that section. Bringing of property onto lands (5) Subject to subsection (6), a tax in respect of the bringing of property onto the lands of a first nation by a person shall be imposed under a law of the first nation enacted under subsection (1) only if the property was last supplied to the person by way of sale at a time when an administration agreement was in effect in respect of that law and tax would have been payable under Part IX of the Excise Tax Act in respect of the supply otherwise than at the rate of zero but for the application of the exemption under section 87 of the Indian Act or of any other exemption from taxation under any other Act of Parliament that is similar to the exemption under that section. Exception (6) A tax in respect of the bringing of property onto the lands of a first nation by a person shall not be imposed if (a) tax became payable by the person in respect of the property under any first nation law, as defined in subsection 11(1) or 12(1), or section 212 of the Excise Tax Act before the property is brought onto the lands of the first nation; or (b) tax would not be payable under subsection 220.05(1) of the Excise Tax Act in respect of the bringing of the property onto the lands of the first nation if �� C. 15 Budget Impleme (i) the lands of the first nation were the particular participating province referred to in that subsection, (ii) the lands of every other first nation in respect of which a first nation law, as defined in subsection 11(1) or 12(1), is in force at the time the property is brought onto the lands of the first nation were each a separate participating province, (iii) the participating provinces listed in Schedule VIII to the Excise Tax Act were non-participating provinces, and (iv) paragraphs 220.05(3)(a) and (b) of the Excise Tax Act, section 18 of Part I of Schedule X to that Act, the exemption under section 87 of the Indian Act and any other exemption from taxation under any other Act of Parliament that is similar to the exemption under that section did not apply in respect of the bringing of the property onto the lands of the first nation. Carriers (7) For the purposes of this Act, if a particular person brings property onto the lands of a first nation on behalf of another person, the other person, and not the particular person, is deemed to have brought the property onto those lands. Amount of tax — bringing of property onto lands (8) For the purposes of subsection (1), the amount of tax that may be imposed under the law of a first nation in respect of the bringing of property onto the lands of the first nation by a person is equal to the amount determined by the formula AxB where A is the rate of tax set out in subsection 165(1) of the Excise Tax Act, and B is (a) if the person last acquired the property by way of a sale under which the property was delivered to the person within thirty days before the day on which it is brought onto the lands of the first nation, the value of the consideration 2002-2003 Exécution du bu on which tax under Part IX of the Excise Tax Act in respect of the sale would have been calculated but for the application of the exemption under section 87 of the Indian Act or of any other exemption from taxation under any other Act of Parliament that is similar to the exemption under that section, and (b) in any other case, the lesser of (i) the fair market value of the property at the time the property is brought onto the lands of the first nation, and (ii) the value of the consideration referred to in paragraph (a). Reporting and payment of tax (9) Tax that is imposed under a law of a first nation enacted under subsection (1) in respect of the bringing of property onto the lands of the first nation shall become payable by the person who brings it onto the lands at the time it is brought onto the lands and (a) if the person is a registrant who acquired the property for consumption, use or supply primarily in the course of commercial activities of the person, the person shall, on or before the day on or before which the person’s return in respect of net tax is required to be filed under the law of the first nation for the reporting period in which the tax became payable, pay the tax to the Receiver General and report the tax in that return; and (b) in any other case, the person shall, on or before the last day of the month following the calendar month in which the tax became payable, pay the tax to the Receiver General and file with the Minister of National Revenue in the manner authorized by that Minister a return in respect of the tax in the form authorized by and containing information specified by that Minister. Amount of tax — supply made on lands (10) For the purposes of paragraphs (1)(a) and (c), the amount of tax that may be imposed under the law of a first nation in respect of a supply is equal to the amount of tax that would be imposed under Part IX of the Excise Tax Act in respect of that supply if �� C. 15 Budget Impleme (a) the Excise Tax Act applied and the law of the first nation, the exemption under section 87 of the Indian Act and any other exemption from taxation under any other Act of Parliament that is similar to the exemption under that section did not apply in respect of that supply; (b) the amount were determined without reference to subparagraph (v) of the description of A or subparagraph (vi) of the description of J in the definition ‘‘basic tax content’’ in subsection 123(1) of the Excise Tax Act; and (c) no amount of tax under subsection 165(2), 212.1(2) or 218.1(1) or Division IV.1 of Part IX of the Excise Tax Act were included in determining that amount. Administration and enforcement (11) A law enacted under subsection (1) by the governing body of a first nation shall be administered and enforced, and the tax imposed under that law shall be collected, in accordance with an administration agreement entered into under subsection 11(2) by the authorized body of the first nation. Tax attributable to a first nation 5. (1) An administration agreement in respect of a first nation law, as defined in subsection 11(1) or 12(1), of a particular first nation shall provide for payments by the Government of Canada to the particular first nation in respect of that law based on an estimate for each calendar year of the total (in this section referred to as ‘‘tax attributable to the first nation’’) of (a) the amount by which (i) the total of all amounts each of which is an amount of tax (other than tax payable by a listed financial institution) that, while that first nation law was in force, became payable in the year under a first nation law, as defined in subsection 11(1) or 12(1), or Part IX of the Excise Tax Act (other than subsections 165(2), 212.1(2) and 218.1(1) and Division IV.1) and that is attributable to property or a service that is for consumption or use on the lands of the particular first nation 2002-2003 Exécution du bu exceeds (ii) the total of all amounts each of which is included in the total determined under subparagraph (i) and (A) is included in determining an input tax credit or in determining a deduction that may be claimed in determining the net tax of a person, (B) can reasonably be regarded as an amount that a person is or was entitled to recover by way of a rebate or refund or otherwise under a first nation law, as defined in subsection 11(1) or 12(1), or under any Act of Parliament, or (C) is an amount of tax in respect of a supply to a person who is, under any Act of Parliament or any other law, exempt from paying the tax, and (b) the total of all amounts each of which is determined in respect of a listed financial institution by the formula AxB where A is the excess that would be determined under paragraph (a) in respect of the financial institution if subparagraph (a)(i) were read without reference to the words ‘‘that is for consumption or use on the lands of the particular first nation’’ and that subparagraph included amounts of tax payable by the financial institution but did not include amounts of tax payable by any other person, and B is the percentage that would be determined, for the purpose of the description of C in the formula in subsection 225.2(2) of the Excise Tax Act, as the financial institution’s percentage for the particular first nation for the last taxation year of the financial institution ending in that calendar year (or, if the financial institution does not have a taxation year ending in that calendar year, for the period that would be that last taxation year if the taxation year of the financial institution that is partly included in that calendar year ended at �� C. 15 Budget Impleme the end of that calendar year) if the financial institution were a selected listed financial institution and the lands of the particular first nation were a participating province. Administration agreement (2) The Minister, with the approval of the Governor in Council, may on behalf of the Government of Canada enter into an agreement in respect of a first nation law, as defined in subsection 11(1) or 12(1), of a first nation with the authorized body of the first nation and, among other things, the agreement shall provide (a) the method for estimating, in accordance with the formulae, rules, conditions and data sources specified in the agreement, the tax attributable to the first nation; (b) for the sharing, if any, between the first nation and the Government of Canada of the tax attributable to the first nation; (c) for the retention by the Government of Canada, as its property, of (i) the portion, if any, of the total tax imposed by the first nation under the first nation law that is not tax attributable to the first nation, and (ii) the Government of Canada’s share, if any, under paragraph (b) of the tax attributable to the first nation; (d) for the payments, and for the eligibility for payments, by the Government of Canada to the first nation in respect of the tax attributable to the first nation out of the Consolidated Revenue Fund to which the first nation is entitled under the agreement, the time when and the manner in which such payments will be made, and the remittance by the first nation to the Government of Canada of any overpayments or advances 2002-2003 Exécution du bu by the Government of Canada or the right of the Government of Canada to set off any overpayments or advances against amounts payable by the Government of Canada to the first nation under the agreement; (e) for the administration and enforcement of the first nation law by the Government of Canada and for the collection, by the Government of Canada, of amounts imposed under that law; (f) for the provision by the Government of Canada to the first nation of information acquired in the administration and enforcement of the first nation law or, subject to section 295 of the Excise Tax Act, Part IX of that Act and for the provision by the first nation to the Government of Canada of information acquired in the administration and enforcement of the first nation law; (g) for the accounting for amounts collected in accordance with the agreement; (h) for the payment by the Government of Canada and its agents and subservient bodies of amounts imposed under the first nation law or any other first nation law, as defined in subsection 11(1) or 12(1), and for the payment by the first nation and its agents and subservient bodies of amounts imposed under that law, any other first nation law, as defined in subsection 11(1) or 12(1), or Part IX of the Excise Tax Act; (i) for the accounting for the payments referred to in paragraph (h); (j) for the compliance by the Government of Canada and its agents and subservient bodies with the first nation law and any other first nation law, as defined in subsection 11(1) or 12(1), and for the compliance by the first nation and its agents and subservient bodies with that law, any other first nation law, as defined in subsection 11(1) or 12(1), and Part IX of the Excise Tax Act; and (k) for other matters that relate to, and that are considered advisable for the purposes of implementing or administering, the first nation law. �� C. 15 Budget Impleme Amending agreements (3) The Minister, with the approval of the Governor in Council, may on behalf of the Government of Canada enter into an agreement with the authorized body of a first nation amending or varying an administration agreement with the first nation or an agreement under this subsection. Payments to first nation (4) If the Minister, on behalf of the Government of Canada, has entered into an administration agreement with the authorized body of a first nation, the Minister may pay to the first nation out of the Consolidated Revenue Fund (a) amounts determined in accordance with the agreement as provided, and at such times as are specified, in the agreement; and (b) in accordance with the agreement, advances in respect of the amounts referred to in paragraph (a). Payments to other persons (5) Subject to subsection (6), if an administration agreement has been entered into in respect of a first nation law, as defined in subsection 11(1) or 12(1), payments may be made to a person out of the Consolidated Revenue Fund on account of any amount that is payable to the person under that law in accordance with the agreement. Recoverable advance out of Consolidated Revenue Fund (6) If no amount is held on behalf of a first nation from which payment under subsection (5) may be made in accordance with an administration agreement, or the amount of the payment exceeds the amount so held, payment under subsection (5) may be made as a recoverable advance out of the Consolidated Revenue Fund if the repayment of the amount or excess by the first nation is provided for in the agreement. Statutory authority to make payments 6. Despite any other Act of Parliament, the payments made under an administration agreement under the authority of subsection 5(4), (5) or (6) may be made without any other or further appropriation or authority. 2002-2003 Exécution du bu Coming into force — law under subsection 4(1) 7. (1) A law enacted under subsection 4(1) may come into force only on or after the later of the day on which a copy of the law is received by the Minister and the day on which an administration agreement in respect of that law comes into effect. Law deemed not in force (2) A law enacted under subsection 4(1) is deemed to not be in force at a particular time unless an administration agreement in respect of that law is in effect at that time. Not subject to Statutory Instruments Act (3) A law enacted under subsection 4(1) is not subject to the Statutory Instruments Act. Proof of law 8. A copy of a first nation law, as defined in subsection 11(1) or 12(1), enacted by the governing body of a first nation is, if it is certified to be a true copy, evidence that the law was duly enacted by the governing body and, in the case of a law enacted under subsection 4(1), was received by the Minister, without proof of the signature or official character of the person certifying it to be a true copy if that person is (a) in the case of a first nation law, as defined in subsection 11(1), the Minister or a person authorized by the Minister; and (b) in the case of a first nation law, as defined in subsection 12(1), a person authorized by the governing body. Law of a band 9. (1) A law enacted under subsection 4(1) by the governing body of a band is valid only if the power of the governing body to enact the law is exercised in conformity with paragraph 2(3)(b) of the Indian Act and no such law is invalid by reason of any defect in form. Expenditures (2) The power of the governing body of a band to expend moneys paid by the Government of Canada pursuant to an administration agreement in respect of a law enacted under subsection 4(1) by the governing body is validly exercised only if the power is exercised in conformity with paragraph 2(3)(b) of the Indian Act. �� C. 15 Budget Impleme Publication of law (3) The governing body of a band shall, on demand, provide a copy of any law enacted under subsection 4(1) by that governing body and shall publish a copy of every such law in a newspaper that has general circulation in the place where the law applies and in the First Nations Gazette, but no such law shall be invalid by reason of a failure to publish it. Indian moneys (4) Moneys raised pursuant to a tax imposed under a law of a first nation enacted under subsection 4(1) are not Indian moneys within the meaning of subsection 2(1) of the Indian Act. First nation — provisions of other Acts of Parliament 10. (1) Subject to subsection (2), if any other Act of Parliament or an agreement that has been given effect by any other Act of Parliament recognizes or grants a power of a first nation, other than a band, to enact a law and that Act or agreement contains provisions relating to such matters as the expenditure of moneys raised under a law of the first nation relating to taxation, the style, form or registration of such a law or the procedure for enacting, publishing and providing copies of such a law, the provisions of that Act or agreement apply, with such modifications as the circumstances require, for the purposes of a law of the first nation that is enacted under subsection 4(1). Exception (2) Subsection (1) does not apply to the extent that provisions relating to the matters referred to in that subsection are contained in a law of a first nation that is enacted under a power recognized or granted under any other Act of Parliament or under a power recognized or granted under an agreement that has been given effect by any other Act of Parliament. Meaning of ‘‘first nation law’’ 11. (1) In this section, ‘‘first nation law’’ means a law enacted under subsection 4(1). Administration agreement (2) The authorized body of a first nation may enter into an administration agreement in respect of a first nation law enacted by the governing body of the first nation. 2002-2003 Rules where agreement Exécution du bu (3) If the authorized body of a first nation and the Minister have entered into an administration agreement in respect of a first nation law, (a) every provision of Part IX of the Excise Tax Act (other than subsection 327(2) of that Act) applies, with such modifications as the circumstances require, for the purposes of the first nation law as if tax referred to in each of paragraphs 4(1)(a) and (c) imposed under the first nation law were imposed under subsection 165(1) and section 218 of the Excise Tax Act respectively and, subject to subsection 4(9), as if tax referred to in paragraph 4(1)(b) imposed under the first nation law were imposed under subsection 220.05(1) of the Excise Tax Act in respect of the bringing of property into a participating province, but the first nation law shall not thereby be construed as imposing a tax except as provided in section 4; (b) the first nation law applies as if tax imposed under Part IX of the Excise Tax Act were imposed under the first nation law and as if the provisions of that Part relating to that tax were included in the first nation law, but the first nation law shall not thereby be construed as imposing a tax except as provided in section 4; (c) Part IX of the Excise Tax Act applies, other than for the purposes of paragraph (a), as if tax imposed under the first nation law were imposed under that Part and as if the provisions of the first nation law relating to that tax were included in that Part, but that Part shall not thereby be construed as imposing a tax except as provided in that Part; (d) all Acts of Parliament, other than this Act and Part IX of the Excise Tax Act, apply as if tax referred to in each of paragraphs 4(1)(a) and (c) imposed under the first nation law were imposed under subsection 165(1) and section 218 of the Excise Tax Act respectively and, subject to subsection 4(9), as if tax referred to in paragraph 4(1)(b) imposed under the first nation law were �� C. 15 Budget Impleme imposed under subsection 220.05(1) of the Excise Tax Act in respect of the bringing of property into a participating province; and (e) for greater certainty, (i) a person who does anything to satisfy a requirement of the first nation law that would satisfy a corresponding requirement of Part IX of the Excise Tax Act if the tax imposed under the first nation law were imposed under that Part is deemed to have satisfied the requirement of the first nation law, (ii) a person who does anything to exercise an authority, right or privilege under the first nation law that would be a valid exercise of a corresponding authority, right or privilege under Part IX of the Excise Tax Act if the tax imposed under the first nation law were imposed under that Part is deemed to have validly exercised the authority, right or privilege under the first nation law, (iii) a person who does anything to satisfy a requirement or exercise an authority, right or privilege under Part IX of the Excise Tax Act is deemed to have done that thing for the purposes of both that Part and the first nation law, (iv) a person who does anything to satisfy a requirement or exercise an authority, right or privilege under the first nation law is deemed to have done that thing for the purposes of both that law and Part IX of the Excise Tax Act, (v) a person who is a registrant for the purposes of Part IX of the Excise Tax Act is a registrant for the purposes of both that Part and the first nation law, (vi) a person who is a registrant for the purposes of the first nation law is a registrant for the purposes of both that law and Part IX of the Excise Tax Act, and (vii) if a proceeding may be taken under any other Act of Parliament in respect of the tax imposed under Part IX of the Excise Tax Act, that proceeding may be taken in respect of the tax imposed under the first nation law. 2002-2003 Exécution du bu FIRST NATION LAW ENACTED UNDER SEPARATE POWER Meaning of ‘‘first nation law’’ 12. (1) In this section, ‘‘first nation law’’ means a law enacted by the governing body of a first nation listed in the schedule under a power recognized or granted under any other Act of Parliament or an agreement that has been given effect by any other Act of Parliament, if that law and its application are consistent with subsections 4(1) to (10), paragraphs 11(3)(a) and (b) and subparagraphs 11(3)(e)(i) to (iii) and (v). Rules where agreement (2) If the authorized body of a first nation and the Minister have entered into an administration agreement in respect of a first nation law, (a) Part IX of the Excise Tax Act applies as if tax imposed under the first nation law were imposed under that Part and as if the provisions of the first nation law relating to that tax were included in that Part, but that Part shall not thereby be construed as imposing a tax except as provided in that Part; (b) all Acts of Parliament, other than this Act and Part IX of the Excise Tax Act, apply as if tax referred to in each of paragraphs 4(1)(a) and (c) imposed under the first nation law were imposed under subsection 165(1) and section 218 of the Excise Tax Act respectively and, subject to subsection 4(9), as if tax referred to in paragraph 4(1)(b) imposed under the first nation law were imposed under subsection 220.05(1) of the Excise Tax Act in respect of the bringing of property into a participating province; and �� C. 15 Budget Impleme (c) for greater certainty, (i) a person who does anything to satisfy a requirement or exercise an authority, right or privilege under the first nation law is deemed to have done that thing for the purposes of both that law and Part IX of the Excise Tax Act, (ii) a person who is a registrant for the purposes of the first nation law is a registrant for the purposes of both that law and Part IX of the Excise Tax Act, and (iii) if a proceeding may be taken under any other Act of Parliament in respect of the tax imposed under Part IX of the Excise Tax Act, that proceeding may be taken in respect of the tax imposed under the first nation law. Cessation of agreement (3) If an administration agreement in respect of a first nation law ceases to have effect at any time, this Act applies after that time in respect of the first nation law as if the first nation law had been repealed at that time. ADMINISTRATION AGREEMENT AND PART IX OF EXCISE TAX ACT Tax not payable 13. If an administration agreement in respect of a first nation law, as defined in subsection 11(1) or 12(1), is in effect, no tax (other than tax imposed under subsection 165(2), 212.1(2) or 218.1(1) or Division IV.1 of Part IX of the Excise Tax Act) is payable or deemed to have been paid or collected under Part IX of the Excise Tax Act in respect of a supply to the extent that tax is payable or deemed to have been paid or collected, as the case may be, in respect of the supply under the first nation law. 2002-2003 Exécution du bu OFFENCES Offences 14. When an administration agreement in respect of a first nation law, as defined in subsection 11(1) or 12(1), is in effect and a person commits an act or omission in respect of that law that would be an offence under a provision of Part IX of the Excise Tax Act or regulations made under that Part if the act or omission were committed in relation to that Part or those regulations, (a) subject to paragraph (b), the person is guilty of an offence punishable on summary conviction; (b) the Attorney General of Canada may elect to prosecute the person by indictment if an offence under that provision may be prosecuted by indictment; and (c) the person is liable on conviction to the punishment provided for in that provision. GENERAL Amendment of schedule 15. The Governor in Council may, by order, amend the schedule by adding, deleting or varying the name of any first nation or of the governing body of any first nation or the description of the lands of any first nation. Information reports 16. (1) If an administration agreement entered into by the authorized body of a first nation is in effect, the Minister of National Revenue may, for the purposes of that agreement, require any person having a place of business, or maintaining assets of a business, on the lands of the first nation to make a report respecting supplies relating to that business made by the person or property or services acquired or imported for consumption, use or supply in connection with those lands and that business. �� Form and manner of filing C. 15 Budget Impleme (2) A report under subsection (1) shall be filed with the Minister of National Revenue in the manner and form authorized by that Minister and at the time and containing information specified by that Minister. (2) The schedule to the First Nations Goods and Services Tax Act is set out in the schedule to this Act. Consequential Amendments R.S., c. E-15 Excise Tax Act 1993, c. 27, s. 128(3) 68. (1) Subparagraph 295(5)(d)(i) of the Excise Tax Act is replaced by the following: (i) to an official of the Department of Finance solely for the purposes of the formulation or evaluation of fiscal policy or for the purposes of an administration agreement, as defined in subsection 2(1) of the Federal-Provincial Fiscal Arrangements Act, entered into with an aboriginal government, as defined in that subsection, or for the purposes of an administration agreement, as defined in subsection 2(1) of the First Nations Goods and Services Tax Act, (2) Paragraph 295(5)(d) of the Act is amended by adding the following after subparagraph (iv.1): (iv.2) to a person authorized by the governing body of a first nation listed in the schedule to the First Nations Goods and Services Tax Act solely for the purposes of the formulation, evaluation or initial implementation of fiscal policy relating to a tax referred to in that Act, PART 10 AMENDMENTS TO THE INCOME TAX ACT AND ANOTHER ACT AS A CONSEQUENCE 2002-2003 Exécution du bu R.S., c. 1 (5th Supp.) Income Tax Act 69. (1) The descriptions of A and B in subsection 6(2) of the Income Tax Act are replaced by the following: A is (a) the lesser of the total kilometres that the automobile is driven (otherwise than in connection with or in the course of the taxpayer’s office or employment) during the total available days and the value determined for the description of B for the year in respect of the standby charge for the automobile during the total available days, if (i) the taxpayer is required by the employer to use the automobile in connection with or in the course of the office or employment, and (ii) the distance travelled by the automobile in the total available days is primarily in connection with or in the course of the office or employment, and (b) the value determined for the description of B for the year in respect of the standby charge for the automobile during the total available days, in any other case; B is the product obtained when 1,667 is multiplied by the quotient obtained by dividing the total available days by 30 and, if the quotient so obtained is not a whole number and exceeds one, by rounding it to the nearest whole number or, where that quotient is equidistant from two consecutive whole numbers, by rounding it to the lower of those two numbers; (2) Subsection (1) applies to the 2003 and subsequent taxation years. 70. (1) The definitions ‘‘qualifying cost’’, ‘‘qualifying portion of a capital gain’’ and ‘‘qualifying portion of the proceeds of disposition’’ in subsection 44.1(1) of the Act are repealed. �� C. 15 Budget Impleme (2) The descriptions of E and F in the definition ‘‘ACB reduction’’ in subsection 44.1(1) of the Act are replaced by the following: E is the cost to the individual of the replacement share; and F is the cost to the individual of all the replacement shares of the individual in respect of the qualifying disposition. (3) The descriptions of G, H and I in the definition ‘‘permitted deferral’’ in subsection 44.1(1) of the Act are replaced by the following: G is the lesser of the individual’s proceeds of disposition from the qualifying disposition and the total of all amounts each of which is the cost to the individual of a replacement share in respect of the qualifying disposition; H is the individual’s proceeds of disposition from the qualifying disposition; and I is the individual’s capital gain from the qualifying disposition. (4) Paragraph (a) of the definition ‘‘replacement share’’ in subsection 44.1(1) of the Act is replaced by the following: (a) acquired by the individual in the year or within 120 days after the end of the year; and (5) Subsections (1) to (4) apply in respect of dispositions that occur after February 18, 2003. 71. (1) Subparagraph 60(l)(v) of the Act is amended by adding the following after clause (B): (B.01) the amount included in computing the taxpayer’s income for the year as a payment (other than a payment that is part of a series of periodic payments or that relates to an actuarial surplus) received by the taxpayer out of or under a registered pension plan as a consequence of the death of an 2002-2003 Exécution du bu individual of whom the taxpayer was a child or grandchild, if the taxpayer was, immediately before the death, financially dependent on the individual for support because of mental or physical infirmity, (2) The portion of subclause 60(l)(v)(B.1)(II) of the Act before sub-subclause 1 is replaced by the following: (II) the amount (other than any portion of it that is included in the amount determined under clause (B), (B.01) or (B.2)) that is included in computing the taxpayer’s income for the year as (3) Subsections (1) and (2) apply in respect of deaths that occur after 2002. 72. (1) Paragraph 104(27)(c) of the French version of the Act is replaced by the following: c) lorsque la prestation est un montant unique, au sens du paragraphe 147.1(1), qu’un régime de pension agréé verse à la fiducie par suite du décès de l’auteur de celle-ci : (i) si le bénéficiaire était, immédiatement avant le décès de l’auteur, l’enfant ou le petit-enfant de celui-ci qui était financièrement à sa charge en raison d’une déficience mentale ou physique, la part du bénéficiaire sur la prestation (à l’exception de toute fraction de celle-ci qui se rapporte à un surplus actuariel) est réputée, pour l’application de l’alinéa 60l), être un montant provenant d’un régime de pension agréé qui est inclus dans le calcul du revenu du bénéficiaire pour l’année donnée à titre de paiement visé à la division 60l)(v)(B.01), (ii) si le bénéficiaire — enfant ou petitenfant de l’auteur — avait moins de 18 ans au décès de l’auteur, la part du bénéficiaire sur la prestation (à l’excep�� C. 15 Budget Impleme tion de toute fraction de celle-ci qui se rapporte à un surplus actuariel) est réputée, pour l’application de l’alinéa 60l), être un montant provenant d’un régime de pension agréé qui est inclus dans le calcul du revenu du bénéficiaire pour l’année donnée à titre de paiement visé à la subdivision 60l)(v)(B.1)(II). (2) Paragraph 104(27)(e) of the English version of the Act is replaced by the following: (e) where the benefit is a single amount (within the meaning assigned by subsection 147.1(1)) paid by a registered pension plan to the trust as a consequence of the death of the settlor of the trust, (i) if the beneficiary was, immediately before the settlor’s death, a child or grandchild of the settlor who, because of mental or physical infirmity, was financially dependent on the settlor for support, the beneficiary’s share of the benefit (other than any portion of it that relates to an actuarial surplus) is deemed, for the purposes of paragraph 60(l), to be an amount from a registered pension plan included in computing the beneficiary’s income for the particular year as a payment described in clause 60(l)(v)(B.01), and (ii) if the beneficiary was, at the time of the settlor’s death, under 18 years of age and a child or grandchild of the settlor, the beneficiary’s share of the benefit (other than any portion of it that relates to an actuarial surplus) is deemed, for the purposes of paragraph 60(l), to be an amount from a registered pension plan included in computing the beneficiary’s income for the particular year as a payment described in subclause 60(l)(v)(B.1)(II). (3) Subsections (1) and (2) apply in respect of deaths that occur after 2002. 73. (1) Paragraph 118.2(2)(l.4) of the Act is replaced by the following: 2002-2003 Exécution du bu (l.4) on behalf of the patient who has a speech or hearing impairment, for sign language interpretation services or realtime captioning services, to the extent that the payment is made to a person in the business of providing such services; (l.41) on behalf of the patient who has a mental or physical impairment, for notetaking services, if (i) the patient has been certified in writing by a medical practitioner to be a person who, because of that impairment, requires such services, and (ii) the payment is made to a person in the business of providing such services; (l.42) on behalf of the patient who has a physical impairment, for the cost of voice recognition software, if the patient has been certified in writing by a medical practitioner to be a person who, because of that impairment, requires that software; (2) Subsection 118.2(2) of the Act is amended by striking out the word ‘‘or’’ at the end of paragraph (p), by adding the word ‘‘or’’ at the end of paragraph (q) and by adding the following after paragraph (q): (r) on behalf of the patient who has celiac disease, the incremental cost of acquiring gluten-free food products as compared to the cost of comparable non-gluten-free food products, if the patient has been certified in writing by a medical practitioner to be a person who, because of that disease, requires a gluten-free diet. �� C. 15 Budget Impleme (3) Subsections (1) and (2) apply to the 2003 and subsequent taxation years. 74. (1) Subparagraph 118.3(1)(a.2)(iii) of the English version of the Act is replaced by the following: (iii) an impairment with respect to an individual’s ability in feeding or dressing themself, or in walking, a medical doctor or an occupational therapist, (2) Subparagraph 118.3(1)(a.2)(iv) of the French version of the Act is replaced by the following: (iv) s’il s’agit d’une déficience quant à la capacité de marcher, de s’alimenter ou de s’habiller, un médecin en titre ou un ergothérapeute, (3) Subsections (1) and (2) apply to the 2003 and subsequent taxation years. 75. (1) Subparagraph 118.4(1)(c)(ii) of the Act is replaced by the following: (ii) feeding oneself or dressing oneself, (2) Subsection 118.4(1) of the Act is amended by striking out the word ‘‘and’’ at the end of paragraph (c) and by adding the following after paragraph (d): (e) feeding oneself does not include (i) any of the activities of identifying, finding, shopping for or otherwise procuring food, or (ii) the activity of preparing food to the extent that the time associated with the activity would not have been necessary in the absence of a dietary restriction or regime; and (f) dressing oneself does not include any of the activities of identifying, finding, shopping for or otherwise procuring clothing. (3) Subsections (1) and (2) apply to the 2003 and subsequent taxation years. 76. (1) Paragraph 118.6(3)(b) of the English version of the Act is amended by adding the following after subparagraph (i): 2002-2003 Exécution du bu (i.1) a speech impairment, by a medical doctor or a speech-language pathologist, (2) Paragraph 118.6(3)(b) of the French version of the Act is amended by adding the following after subparagraph (ii): (ii.1) s’il s’agit d’un trouble de la parole, un médecin en titre ou un orthophoniste, (3) Subparagraph 118.6(3)(b)(iii) of the English version of the Act is replaced by the following: (iii) an impairment with respect to the individual’s ability in feeding or dressing themself, or in walking, by a medical doctor or an occupational therapist, or (4) Subparagraph 118.6(3)(b)(iv) of the French version of the Act is replaced by the following: (iv) s’il s’agit d’une déficience quant à la capacité de marcher, de s’alimenter ou de s’habiller, un médecin en titre ou un ergothérapeute, (5) Subsections (1) and (2) apply in respect of certifications made after October 17, 2000. (6) Subsections (3) and (4) apply to the 2003 and subsequent taxation years. 77. (1) The first formula in subsection 122.61(1) of the Act is replaced by the following: 1/12[(A - B) + C + M] (2) Subsection 122.61(1) of the Act is amended by striking out the word ‘‘and’’ at the end of the description of B and by replacing paragraphs (a) and (b) of the description of F in the description of C with the following: (a) only one qualified dependant, $1,463, and (b) two or more qualified dependants, the total of (i) $1,463 for the first qualified dependant, (ii) $1,254 for the second qualified dependant, and �� C. 15 Budget Impleme (iii) $1,176 for each of the third and subsequent qualified dependants, (3) The descriptions of G and H in the description of C in subsection 122.61(1) of the Act are replaced by the following: G is the amount determined by the formula J - [K - (L/0.122)] where J is the person’s adjusted income for the year, K is the amount referred to in paragraph (b) of the description of B, and L is the amount referred to in paragraph (a) of the description of F, and H is (a) if the person is an eligible individual in respect of only one qualified dependant, 12.2%, and (b) if the person is an eligible individual in respect of two or more qualified dependants, the fraction (expressed as a percentage rounded to the nearest one-tenth of one per cent) of which (i) the numerator is the total that would be determined under the description of F in respect of the eligible individual if that description were applied without reference to the fourth and subsequent qualified dependants in respect of whom the person is an eligible individual, and (ii) the denominator is the amount referred to in paragraph (a) of the description of F, divided by 0.122; and (4) Subsection 122.61(1) of the Act is amended by adding the following after the description of C: M is the amount determined by the formula N - (O x P) where 2002-2003 Exécution du bu N is the product obtained by multiplying $1,600 by the number of qualified dependants in respect of whom both (a) an amount may be deducted under section 118.3 for the taxation year that includes the month, and (b) the person is an eligible individual at the beginning of the month, O is the amount determined by the formula J - [F/H + (K - L/0.122)] where the descriptions of J, F, H, K, and L are described in the description of C, and P is the amount that would be determined for the description of H if the person were an eligible individual in respect of only the number of qualified dependants included in the description of N. (5) Subsection 122.61(6) of the Act is replaced by the following: Additions to NCB supplement — July 2005 and 2006 (6) Each amount referred to in the description of F in subsection (1) that is to be used for the purpose of determining the amount deemed to be an overpayment arising during months that are (a) after June 2005 and before July 2006, is to be replaced with the amount that is the total of $185 and the amount otherwise determined under subsection (5) for those months; and (b) after June 2006 and before July 2007, is to be replaced with the amount that is the total of $185 and the amount otherwise determined, for those months, by applying subsection (5) to the amount determined under paragraph (a). (6) Subsections (1) to (5) apply in respect of overpayments deemed to arise during months that are after June 2003 except that, for overpayments deemed to arise during those months that are before July 2004, the following applies: (a) the description of G in subsection 122.61(1) of the Act, as enacted by subsection (3), is to be read as follows: �� C. 15 Budget Impleme G is the amount, if any, by which the person’s adjusted income for the year exceeds $21,529, and (b) subparagraph (b)(ii) in the description of H in subsection 122.61(1) of the Act, as enacted by subsection (3), is to be read as follows: (ii) the denominator is the amount by which the amount referred to in paragraph (b) of the description of B exceeds $21,529. (c) the description of O in subsection 122.61(1) of the Act, as enacted by subsection (4), is to be read as follows: O is the amount determined by the formula (a) ‘‘J - $33,487’’, if the person is an eligible individual in respect of three or fewer qualified dependants, and (b) ‘‘J - (F/H + $21,529)’’, if the person is an eligible individual in respect of more than three qualified dependants, where the descriptions of J, F and H are described in the description of C, and 78. (1) The definition ‘‘CCPC rate reduction percentage’’ in subsection 123.4(1) of the Act is repealed. (2) Paragraph (b) of the definition ‘‘full rate taxable income’’ in subsection 123.4(1) of the Act is amended by adding the word ‘‘and’’ at the end of subparagraph (ii) and by repealing subparagraph (iv). (3) Paragraph (c) of the definition ‘‘full rate taxable income’’ in subsection 123.4(1) of the Act is replaced by the following: (c) if the corporation is throughout the year an investment corporation, a mortgage investment corporation or a mutual fund corporation, nil. (4) Paragraphs 123.4(3)(a) and (b) of the Act are replaced by the following: 2002-2003 Exécution du bu (a) the amount determined by the formula ($300,000/A) x B where A is the total of (i) that proportion of $200,000 that the number of days in the taxation year that are before 2003 is of the number of days in the taxation year, (ii) that proportion of $225,000 that the number of days in the taxation year that are in 2003 is of the number of days in the taxation year, and (iii) that proportion of $250,000 that the number of days in the taxation year that are in 2004 is of the number of days in the taxation year, and B is the corporation’s business limit for the taxation year as determined under section 125 for the purpose of paragraph 125(1)(c), (b) the amount that would be determined under paragraph 125(1)(a) in respect of the corporation for the year if the description of M in the definition ‘‘specified partnership income’’ in subsection 125(7) were read as it is to be read for fiscal periods that begin after 2005, and (5) Subsection 123.4(3) of the Act is repealed. (6) Subsections (1) to (3) and (5) apply to the 2005 and subsequent taxation years. (7) Subsection (4) applies to the 2003 and 2004 taxation years. 79. (1) Subsections 125(2) to (4) of the Act are replaced by the following: Interpretation of business limit (2) For the purpose of this section, a corporation’s ‘‘business limit’’ for a taxation year is $300,000 unless the corporation is associated in the year with one or more other �� C. 15 Budget Impleme Canadian-controlled private corporations in which case, except as otherwise provided in this section, its business limit for the year is nil. Associated corporations (3) Notwithstanding subsection (2), if all the Canadian-controlled private corporations that are associated with each other in a taxation year file with the Minister in prescribed form an agreement that assigns for the purpose of this section a percentage to one or more of them for the year, the business limit for the year of each of the corporations is (a) if the total of the percentages assigned in the agreement does not exceed 100%, $300,000 multiplied by the percentage assigned to that corporation in the agreement; and (b) in any other case, nil. Failure to file agreement (4) If any of the Canadian-controlled private corporations that are associated with each other in a taxation year has failed to file with the Minister an agreement as contemplated by subsection (3) within 30 days after notice in writing by the Minister has been forwarded to any of them that such an agreement is required for the purpose of any assessment of tax under this Part, the Minister shall, for the purpose of this section, allocate an amount to one or more of them for the taxation year. The total amount so allocated must equal the least of the amounts that would, if none of the corporations were associated with any other corporation during the year and if this Act were read without reference to subsections (5) and (5.1), be the business limits of the corporations for the year. (2) The description of M in the definition ‘‘specified partnership income’’ in subsection 125(7) of the Act is replaced by the following: M is the lesser of (i) $300,000, and (ii) the product obtained when $822 is multiplied by the total of all amounts each of which is the 2002-2003 Exécution du bu number of days in a fiscal period of the partnership that ends in the year, and (3) Subsection (1) applies to the 2003 and subsequent taxation years except that for taxation years that begin before 2006 (a) the reference in subsection 125(2) of the Act, as enacted by subsection (1), to ‘‘$300,000’’ is to be read as a reference to the total of (i) that proportion of $200,000 that the number of days in the taxation year that are before 2003 is of the number of days in the taxation year, (ii) that proportion of $225,000 that the number of days in the taxation year that are in 2003 is of the number of days in the taxation year, (iii) that proportion of $250,000 that the number of days in the taxation year that are in 2004 is of the number of days in the taxation year, (iv) that proportion of $275,000 that the number of days in the taxation year that are in 2005 is of the number of days in the taxation year, and (v) that proportion of $300,000 that the number of days in the taxation year that are after 2005 is of the number of days in the taxation year; and (b) the reference in subsection 125(3) of the Act, as enacted by subsection (1), to ‘‘$300,000’’ is to be read as a reference to ‘‘the amount that would, if the corporation were not associated in the year with any other corporation, be its business limit for the year determined without reference to subsections (5) and (5.1),’’. �� C. 15 Budget Impleme (4) Subsection (2) applies to the 2003 and subsequent taxation years except that, for taxation years that begin before 2006, the references in the description of M in the definition ‘‘specified partnership income’’ in subsection 125(7) of the Act, as enacted by subsection (2), to ‘‘$300,000’’ and ‘‘$822’’, are to be read, (a) for fiscal periods of a partnership that end in a corporation’s 2003 taxation year, as ‘‘$225,000’’ and ‘‘$617’’, respectively; (b) for fiscal periods of a partnership that end in a corporation’s 2004 taxation year, as ‘‘$250,000’’ and ‘‘$685’’, respectively; and (c) for fiscal periods of a partnership that end in a corporation’s 2005 taxation year, as ‘‘$275,000’’ and ‘‘$754’’, respectively. 80. (1) Subsection 125.5(3) of the Act is replaced by the following: Tax credit (3) An eligible production corporation in respect of an accredited production for a taxation year is deemed to have paid on its balance-due day for the year an amount on account of its tax payable under this Part for the year equal to 16% of its qualified Canadian labour expenditure for the year in respect of the production, if (a) the corporation files with its return of income for the year (i) a prescribed form containing prescribed information in respect of the production, (ii) an accredited film or video production certificate in respect of the production, and (iii) each other document prescribed in respect of the production; and (b) the principal filming or taping of the production began before the end of the year. 2002-2003 Exécution du bu (2) Subsection (1) applies in respect of Canadian labour expenditures incurred after February 18, 2003. 81. (1) Paragraph (a) of the definition ‘‘flow-through mining expenditure’’ in subsection 127(9) of the Act is replaced by the following: (a) that is a Canadian exploration expense incurred after October 17, 2000 and before 2005 by a corporation in conducting mining exploration activity from or above the surface of the earth for the purpose of determining the existence, location, extent or quality of a mineral resource described in paragraph (a) or (d) of the definition ‘‘mineral resource’’ in subsection 248(1), (2) The definition ‘‘flow-through mining expenditure’’ in subsection 127(9) of the Act is amended by adding the word ‘‘and’’ at the end of paragraph (c), by striking out the word ‘‘and’’ at the end of paragraph (d) and by repealing paragraph (e). (3) Subsection 127(10.2) of the Act is replaced by the following: Expenditure limit determined (10.2) For the purpose of subsection (10.1), a corporation’s expenditure limit for a particular taxation year is the amount determined by the formula ($5,000,000 - 10A) x B/C where A is the greater of $300,000 and either (a) if the corporation is associated with one or more other corporations in the particular year and the particular year ends in a calendar year, the total of all amounts each of which is the taxable income of the corporation, or of such an associated corporation, for its last taxation year that ended in the preceding calendar year (determined before taking into consideration the specified future tax consequences for that last taxation year), or (b) if paragraph (a) does not apply, the corporation’s taxable income for its im�� C. 15 Budget Impleme mediately preceding taxation year (determined before taking into consideration the specified future tax consequences for that preceding year), B is the total of the business limits under section 125 for the particular year of the corporation and any such other corporations for the particular year, and C is (a) if the corporation is associated with one or more other corporations in the particular year, the total of all amounts each of which would be the business limit for the particular year of the corporation or of such an associated corporation, if this Act were read without reference to subsections 125(5) and (5.1), or (b) if paragraph (a) does not apply, the amount that would, if this Act were read without reference to subsections 125(5) and (5.1), be the corporation’s business limit for the particular year. Expenditure limits — associated CCPCs (10.21) Notwithstanding subsection (10.2), the expenditure limit for a taxation year of a corporation that is associated in the taxation year with one or more other Canadian-controlled private corporations is, except as otherwise provided in this section, nil. (4) Subsections (1) and (2) apply after February 18, 2003. (5) Subsection (3) applies to taxation years that end after 2002 except that, for taxation years that immediately follow taxation years that ended before 2003, the reference in the formula in subsection 127(10.2) of the Act, as enacted by subsection (3), to ‘‘$5,000,000’’ is to be read as a reference to ‘‘$4,000,000’’ and the reference to ‘‘$300,000’’ in the description of A is to be read as a reference to ‘‘$200,000’’. 82. (1) The definition ‘‘refund of premiums’’ in subsection 146(1) of the Act is replaced by the following: ‘‘refund of premiums’’ « remboursement de primes » ‘‘refund of premiums’’ means any amount paid out of or under a registered retirement savings plan (other than a tax-paid amount 2002-2003 Exécution du bu in respect of the plan) as consequence of the death of the annuitant under the plan, (a) to an individual who was, immediately before the death, a spouse or commonlaw partner of the annuitant, where the annuitant died before the maturity of the plan, or (b) to a child or grandchild of the annuitant who was, immediately before the death, financially dependent on the annuitant for support; (2) Paragraphs (a) and (b) of the definition ‘‘RRSP dollar limit’’ in subsection 146(1) of the Act are replaced by the following: (a) for years other than 1996 and 2003, the money purchase limit for the preceding year, (b) for 1996, $13,500, and (c) for 2003, $14,500; (3) Section 146 of the Act is amended by adding the following after subsection (1): Restriction — financially dependent (1.1) For the purpose of paragraph (b) of the definition ‘‘refund of premiums’’ in subsection (1), clause 60(l)(v)(B.01) and subparagraph 104(27)(e)(i), it is assumed, unless the contrary is established, that an individual’s child or grandchild was not financially dependent on the individual for support immediately before the individual’s death if the income of the child or grandchild for the taxation year preceding the taxation year in which the individual died exceeded the amount determined by the formula A+B where A is the amount used under paragraph (c) of the description of B in subsection 118(1) for that preceding taxation year; and B is nil, unless the financial dependency was because of mental or physical infirmity, in which case it is $6,180 adjusted for each such preceding taxation year that is after 2002 in the manner set out in section 117.1. �� C. 15 Budget Impleme (4) Subsections (1) and (3) apply in respect of deaths that occur after 2002. (5) Subsection (2) applies after 2002. 83. (1) Paragraph 146.3(2)(a) of the Act is replaced by the following: (a) the fund provides that the carrier shall make only those payments described in any of paragraphs (d) and (e), the definition ‘‘retirement income fund’’ in subsection (1), and subsections (14) and (14.1); (2) The portion of paragraph 146.3(2)(e.1) of the Act before subparagraph (i) is replaced by the following: (e.1) where the fund does not govern a trust or the fund governs a trust created before 1998 that does not hold an annuity contract as a qualified investment for the trust, the fund provides that if an annuitant, at any time, directs that the carrier transfer all or part of the property held in connection with the fund, or an amount equal to its value at that time, to a person who has agreed to be a carrier of another registered retirement income fund of the annuitant or to a registered pension plan in accordance with subsection (14.1), the transferor shall retain an amount equal to the lesser of (3) The portion of paragraph 146.3(2)(e.2) of the Act before subparagraph (i) is replaced by the following: (e.2) where paragraph (e.1) does not apply, the fund provides that if an annuitant, at any time, directs that the carrier transfer all or part of the property held in connection with the fund, or an amount equal to its value at that time, to a person who has agreed to be a carrier of another registered retirement income fund of the annuitant or to a registered pension plan in accordance with subsection (14.1), the transferor shall retain property in the fund sufficient to ensure that the total of 2002-2003 Exécution du bu (4) Subsection 146.3(14) of the Act is replaced by the following: Transfer on breakdown of marriage or common-law partnership (14) An amount is transferred from a registered retirement income fund of an annuitant in accordance with this subsection if the amount (a) is transferred on behalf of an individual who is a spouse or common-law partner or former spouse or common-law partner of the annuitant and who is entitled to the amount under a decree, an order or a judgment of a competent tribunal, or under a written agreement, that relates to a division of property between the annuitant and the individual in settlement of rights that arise out of, or on a breakdown of, their marriage or common-law partnership; and (b) is transferred directly to (i) a registered retirement income fund under which the individual is the annuitant, or (ii) a registered retirement savings plan under which the individual is the annuitant (within the meaning assigned by subsection 146(1)). Transfer to money purchase RPP (14.1) An amount is transferred from a registered retirement income fund of an annuitant in accordance with this subsection if the amount is transferred at the direction of the annuitant directly to a registered pension plan of which, at any time before the transfer, the annuitant was a member (within the meaning assigned by subsection 147.1(1)) or to a prescribed registered pension plan and allocated to the annuitant under a money purchase provision (within the meaning assigned by subsection 147.1(1)) of the plan. Taxation of amount transferred (14.2) An amount transferred on behalf of an individual in accordance with paragraph (2)(e) or subsection (14) or (14.1) (a) is not, solely because of that transfer, to be included in computing the income of any taxpayer; and �� C. 15 Budget Impleme (b) is not to be deducted in computing the income of any taxpayer. (5) Subsections (1) to (4) apply after 2003. 84. (1) Paragraphs (g) to (j) of the definition ‘‘money purchase limit’’ in subsection 147.1(1) of the Act are replaced by the following: (g) for years after 1995 and before 2003, $13,500, (h) for 2003, $15,500, (i) for 2004, $16,500, (j) for 2005, $18,000, (k) for each year after 2005, the greater of (i) the product (rounded to the nearest multiple of $10, or, if that product is equidistant from two such consecutive multiples, to the higher multiple) of (A) $18,000, and (B) the quotient obtained when the average wage for the year is divided by the average wage for 2005, and (ii) the money purchase limit for the preceding year; (2) Subsection (1) applies after 2002. However, for the purpose of determining a pension credit of an individual for the 2002 calendar year under section 8308.1 or 8308.3 of the Income Tax Regulations or an amount prescribed in respect of an individual under section 8308.2 or 8309 of the Income Tax Regulations for the 2003 calendar year, the money purchase limit for 2002 is deemed to be $14,500. Tax payable 85. (1) Subsection 181.1(1) of the Act is replaced by the following: 181.1 (1) Every corporation shall pay a tax under this Part for each taxation year equal to the amount obtained by multiplying the corporation’s specified percentage for the taxation year by the amount, if any, by which (a) its taxable capital employed in Canada for the year exceeds (b) its capital deduction for the year. 2002-2003 Specified percentage Exécution du bu (1.1) For the purpose of subsection (1), the specified percentage of a corporation for a taxation year that ends after 2003 is the total of (a) that proportion of 0.225% that the number of days in the taxation year that are before 2004 is of the number of days in the taxation year, (b) that proportion of 0.200% that the number of days in the taxation year that are in 2004 is of the number of days in the taxation year, (c) that proportion of 0.175% that the number of days in the taxation year that are in 2005 is of the number of days in the taxation year, (d) that proportion of 0.125% that the number of days in the taxation year that are in 2006 is of the number of days in the taxation year, and (e) that proportion of 0.0625% that the number of days in the taxation year that are in 2007 is of the number of days in the taxation year. Exceptions (1.2) Notwithstanding subsection (1.1), for the purposes of applying subsection 125(5.1) and the definitions ‘‘unused surtax credit’’ in subsections (6) and 190.1(5), the amount of tax in respect of a corporation under subsection (1) for a taxation year is to be determined as if the specified percentage of the corporation for the taxation year were 0.225%. (2) Subsection (1) applies to the 2004 and subsequent taxation years. 86. (1) Subsections 181.5(1) to (3) of the Act are replaced by the following: Capital deduction 181.5 (1) Subject to subsection (1.1), the capital deduction of a corporation for a taxation year is $50 million unless the corporation is related to another corporation at any time in the taxation year, in which case, subject to subsection (4), its capital deduction for the year is nil. �� C. 15 Budget Impleme Exceptions (1.1) For the purposes of applying subsection 125(5.1), the definitions ‘‘unused surtax credit’’ in subsections 181.1(6) and 190.1(5), and subsection 225.1(8), the amount of tax in respect of a corporation under subsection 181.1(1) for a taxation year is to be determined as if the reference to ‘‘$50 million’’ in subsection (1) were a reference to ‘‘$10 million’’. Related corporations (2) Subject to subsection (4.1), a corporation that is related to any other corporation at any time in a taxation year of the corporation that ends in a calendar year may file with the Minister in prescribed form an agreement on behalf of the related group of which the corporation is a member under which an amount that does not exceed $50 million is allocated among all corporations that are members of the related group for each taxation year of each such corporation ending in the calendar year and at a time when it was a member of the related group. Allocation by Minister (3) Subject to subsection (4.1), the Minister may request a corporation that is related to any other corporation at the end of a taxation year to file with the Minister an agreement referred to in subsection (2) and, if the corporation does not file such an agreement within 30 days after receiving the request, the Minister may allocate an amount among the members of the related group of which the corporation is a member for the taxation year not exceeding $50 million. (2) Section 181.5 of the Act is amended by adding the following after subsection (4): Exceptions (4.1) For the purposes of applying subsection 125(5.1), the definitions ‘‘unused surtax credit’’ in subsections 181.1(6) and 190.1(5), and subsection 225.1(8), subsections (2) to (4) are to be read as if the amount determined under subsection (2) or (3), as the case may be, in respect of the corporation for the taxation year were that proportion of $10 million that the amount otherwise determined in respect of the corporation for the taxation year under that subsection is of $50 million. 2002-2003 Exécution du bu (3) Subsections (1) and (2) apply to the 2004 and subsequent taxation years. 87. (1) The definition ‘‘tax shelter’’ in subsection 237.1(1) of the Act is replaced by the following: ‘‘tax shelter’’ « abri fiscal » ‘‘tax shelter’’ means (a) a gifting arrangement described by paragraph (b) of the definition ‘‘gifting arrangement’’; and (b) a gifting arrangement described by paragraph (a) of the definition ‘‘gifting arrangement’’, or a property (including any right to income) other than a flowthrough share or a prescribed property, in respect of which it can reasonably be considered, having regard to statements or representations made or proposed to be made in connection with the gifting arrangement or the property, that, if a person were to enter into the gifting arrangement or acquire an interest in the property, at the end of a particular taxation year that ends within four years after the day on which the gifting arrangement is entered into or the interest is acquired, (i) the total of all amounts each of which is (A) an amount, or a loss in the case of a partnership interest, represented to be deductible in computing the person’s income for the particular year or any preceding taxation year in respect of the gifting arrangement or the interest in the property (including, if the property is a right to income, an amount or loss in respect of that right that is stated or represented to be so deductible), or (B) any other amount stated or represented to be deemed under this Act to be paid on account of the person’s tax payable, or to be deductible in computing the person’s income, taxable income or tax payable under this Act, for the particular year or any preceding taxation ��� C. 15 Budget Impleme year in respect of the gifting arrangement or the interest in the property, other than an amount so stated or represented that is included in computing a loss described in clause (A), would equal or exceed (ii) the amount, if any, by which (A) the cost to the person of the property acquired under the gifting arrangement, or of the interest in the property at the end of the particular year, determined without reference to section 143.2, would exceed (B) the total of all amounts each of which is the amount of any prescribed benefit that is expected to be received or enjoyed, directly or indirectly, in respect of the property acquired under the gifting arrangement, or of the interest in the property, by the person or another person with whom the person does not deal at arm’s length. (2) Subsection 237.1(1) of the Act is amended by adding the following in alphabetical order: ‘‘gifting arrangement’’ « arrangement de don » ‘‘gifting arrangement’’ means any arrangement under which it may reasonably be considered, having regard to statements or representations made or proposed to be made in connection with the arrangement, that if a person were to enter into the arrangement, the person would (a) make a gift to a qualified donee, or a contribution referred to in subsection 127(4.1), of property acquired by the person under the arrangement; or (b) incur a limited-recourse amount that can reasonably be considered to relate to a gift to a qualified donee or a contribution referred to in subsection 127(4.1). 2002-2003 Exécution du bu (3) The portion of the definition ‘‘tax shelter’’ in subsection 237.1(1) of the Act before paragraph (a), as enacted by subsection (1), and the portion of the definition ‘‘gifting arrangement’’ in subsection 237.1(1) of the Act before paragraph (a), as enacted by subsection (2), apply after February 18, 2003. (4) Paragraph (a) of the definition ‘‘tax shelter’’ in subsection 237.1(1) of the Act, as enacted by subsection (1), and paragraph (b) of the definition ‘‘gifting arrangement’’ in subsection 237.1(1) of the Act, as enacted by subsection (2) apply in respect of property acquired, and gifts, contributions, statements and representations made, after February 18, 2003. (5) Paragraph (b) of the definition ‘‘tax shelter’’ in subsection 237.1(1) of the Act, as enacted by subsection (1), and paragraph (a) of the definition ‘‘gifting arrangement’’ in subsection 237.1(1) of the Act, as enacted by subsection (2), apply in respect of property acquired, and statements and representations made, after February 18, 2003. 88. (1) The definition ‘‘automobile’’ in subsection 248(1) of the French version of the Act is amended by adding the following after paragraph (a): a.1) les véhicules d’intervention d’urgence clairement identifiés qui sont utilisés dans le cadre de la charge ou de l’emploi d’un particulier au sein d’un service des incendies ou de la police; (2) The definition ‘‘automobile’’ in subsection 248(1) of the English version of the Act is amended by adding the following after paragraph (b): (b.1) a clearly marked emergency-response vehicle that is used in connection with or in the course of an individual’s office or employment with a fire department or the police; (3) Paragraph (d) of the definition ‘‘automobile’’ in subsection 248(1) of the French version of the Act is replaced by the following: d) les véhicules à moteur suivants : ��� C. 15 Budget Impleme (i) les véhicules de type fourgonnette ou camionnette, ou d’un type analogue, comptant au maximum trois places assises, y compris celle du conducteur, et qui, au cours de l’année d’imposition où ils sont acquis ou loués, sont utilisés principalement pour le transport de marchandises ou de matériel en vue de gagner un revenu, (ii) les véhicules de type fourgonnette ou camionnette, ou d’un type analogue, dont la totalité ou la presque totalité de l’utilisation au cours de l’année d’imposition où ils sont acquis ou loués est pour le transport de marchandises, de matériel ou de passagers en vue de gagner un revenu, (iii) les véhicules de type camionnette qui sont utilisés, au cours de l’année d’imposition où ils sont acquis ou loués, principalement pour le transport de marchandises, de matériel ou de passagers en vue de gagner un revenu à un ou plusieurs endroits au Canada qui sont, à la fois : (A) visés, pour ce qui est d’un ou de plusieurs des occupants du véhicule, aux sous-alinéas 6(6)a)(i) ou (ii), (B) situés à au moins 30 kilomètres du point le plus rapproché de la limite de la plus proche région urbaine, au sens du dernier dictionnaire du recensement publié par Statistique Canada avant l’année en question, qui compte une population d’au moins 40 000 personnes selon le dernier recensement publié par Statistique Canada avant cette même année. (4) Paragraph (e) of the definition ‘‘automobile’’ in subsection 248(1) of the English version of the Act is replaced by the following: (e) a motor vehicle (i) of a type commonly called a van or pick-up truck, or a similar vehicle, that has a seating capacity for not more 2002-2003 Exécution du bu than the driver and two passengers and that, in the taxation year in which it is acquired or leased, is used primarily for the transportation of goods or equipment in the course of gaining or producing income, (ii) of a type commonly called a van or pick-up truck, or a similar vehicle, the use of which, in the taxation year in which it is acquired or leased, is all or substantially all for the transportation of goods, equipment or passengers in the course of gaining or producing income, or (iii) of a type commonly called a pick-up truck that is used in the taxation year in which it is acquired or leased primarily for the transportation of goods, equipment or passengers in the course of earning or producing income at one or more locations in Canada that are (A) described, in respect of any of the occupants of the vehicle, in subparagraph 6(6)(a)(i) or (ii), and (B) at least 30 kilometres outside the nearest point on the boundary of the nearest urban area, as defined by the last census dictionary published by Statistics Canada before the year, that has a population of at least 40,000 individuals as determined in the last census published by Statistics Canada before the year. (5) Subsection 248(1) of the Act is amended by adding the following in alphabetical order: ‘‘limitedrecourse amount’’ « montant à recours limité » ‘‘limited-recourse amount’’ means an amount that is a limited-recourse amount under section 143.2. (6) Subsections (1) and (2) apply to the 2003 and subsequent taxation years. (7) Subsections (3) and (4) apply to taxation years that begin after 2002. ��� C. 15 Budget Impleme (8) Subsection (5) applies after February 18, 2003. 89. (1) Subsection 252(3) of the Act is replaced by the following: Extended meaning of ‘‘spouse’’ and ‘‘former spouse’’ (3) For the purposes of paragraph 56(1)(b), section 56.1, paragraphs 60(b) and (j), section 60.1, subsections 70(6) and (6.1), 73(1) and (5) and 104(4), (5.1) and (5.4), the definition ‘‘pre-1972 spousal trust’’ in subsection 108(1), subsection 146(16), subparagraph 146.3(2)(f)(iv), subsections 146.3(14), 147(19), 147.3(5) and (7) and 148(8.1) and (8.2), the definition ‘‘small business property’’ in subsection 206(1), subparagraph 210(c)(ii) and subsections 248(22) and (23), ‘‘spouse’’ and ‘‘former spouse’’ of a particular individual include another individual of the opposite sex who is a party to a voidable or void marriage with the particular individual. (2) Subsection (1) applies after 2003. 1992, c. 48, Sch. Children’s Special Allowances Act 90. (1) Subsection 8(1) of the Children’s Special Allowances Act is amended by striking out the word ‘‘and’’ at the end of paragraph (a), by adding the word ‘‘and’’ at the end of paragraph (b) and by adding the following after paragraph (b): (c) if an amount may be deducted under section 118.3 of that Act in respect of the child, the amount expressed in dollars in the description of N in subsection 122.61(1) of that Act, (2) Subsection (1) applies in respect of special allowances payable for months that are after June 2003. PART 11 AMENDMENTS RELATED TO STANDARDIZED ACCOUNTING 2002, c. 22 Excise Act, 2001 91. (1) Section 165 of the Excise Act, 2001 is replaced by the following: 2002-2003 Exécution du bu Amounts owing of $2 or less in total 165. (1) If the Minister determines, at any time, that the total of all amounts owing by a person to Her Majesty under this Act does not exceed two dollars, those amounts are deemed to be nil. Amounts payable of $2 or less in total (2) If, at any time, the total of all amounts payable by the Minister to a person under this Act does not exceed two dollars, the Minister shall apply those amounts against any amount owing, at that time, by the person to Her Majesty under this Act. However, if the person, at that time, does not owe any amount to Her Majesty, those amounts are deemed to be nil. (2) Subsection (1) comes into force or is deemed to have come into force on the earlier of the day on which Parts 3 and 4 of the Act come into force and the day on which this Act is assented to. 92. (1) Subsections 170(3) to (5) of the Act are replaced by the following: Period where interest not payable (3) Despite any other provision of this Act, if the Minister notifies a person that the person is required to pay a specified amount under this Act and the person pays the specified amount in full before the end of the period that the Minister specifies with the notice, interest is not payable on the specified amount for the period. Interest amounts of $25 or less (4) If, at any time, a person pays an amount not less than the total of all amounts, other than interest, owing at that time to Her Majesty under this Act for a fiscal month and the total amount of interest payable by the person under this Act for that month is not more than $25.00, the Minister may cancel the interest. (2) Subsection (1) comes into force or is deemed to have come into force on the earlier of the day on which Parts 3 and 4 of the Act come into force and the day on which this Act is assented to. 93. (1) Section 171 of the Act is replaced by the following: ��� Compound interest on amounts payable by Minister C. 15 Budget Impleme 171. Interest shall be compounded daily at the prescribed rate on any amount payable by the Minister to a person. The interest shall be computed for the period beginning on the first day after the day on which the amount is required to be paid and ending on the day on which the amount is paid or is applied against an amount owed by the person to Her Majesty, unless this Act provides otherwise. (2) Subsection (1) comes into force or is deemed to have come into force on the earlier of the day on which Parts 3 and 4 of the Act come into force and the day on which this Act is assented to. R.S., c. E-15 Excise Tax Act R.S., c. 7 (2nd Supp.), s. 3(1) 94. (1) Subsection 7(1) of the Excise Tax Act is replaced by the following: Penalty for default 7. (1) Every person who refuses or neglects to make a return as required by subsection 5(1) is liable to a penalty of five per cent of the amount of tax unpaid at the expiration of the time for filing the return. (2) Subsection (1) applies in respect of any period for which a return is required to be filed after June 2003. 95. (1) Subsection 58.1(1) of the Act is amended by adding the following in alphabetical order: ‘‘fiscal month’’ « mois d’exercice » ‘‘fiscal month’’ means a fiscal month as determined under subsection 78(1); ‘‘month’’ « mois » ‘‘month’’ means a period beginning on a particular day in a calendar month and ending on (a) the day immediately before the day in the next calendar month that has the same calendar number as the particular day, or (b) if the next calendar month does not have a day that has the same calendar number as the particular day, the last day of that next calendar month; (2) Subsection (1) comes into force or is deemed to have come into force on July 1, 2003. 2002-2003 Exécution du bu 96. Section 59 of the Act is amended by adding the following after subsection (3.3): Effect (3.4) A regulation made under this Act has effect from the day on which it is published in the Canada Gazette or at any later time that may be specified in the regulation, unless it provides otherwise and (a) has a relieving effect only; (b) corrects an ambiguous or deficient enactment that was not in accordance with the objects of this Act; (c) is consequential on an amendment to this Act that is applicable before the day on which the regulation is published in the Canada Gazette; or (d) gives effect to a budgetary or other public announcement, in which case the regulation shall not, unless paragraph (a), (b) or (c) applies, have effect before the day on which the announcement was made. 2002, c. 22, s. 428 97. (1) Subsection 68.5(7) of the Act is amended by adding the word ‘‘and’’ at the end of paragraph (a), by striking out the word ‘‘and’’ at the end of paragraph (b) and by repealing paragraph (c). 2002, c. 22, s. 428 (2) Paragraph 68.5(9)(b) of the Act is replaced by the following: (b) interest at the prescribed rate in respect of the excess rebate for the period beginning on the first day after the day on which the rebate is paid to the person and ending on the earlier of the day on which the excess rebate is paid to the Receiver General and the day on or before which the reconciliation report is required to be filed. 2002, c. 22, s. 428 (3) Subsections 68.5(11) to (13) of the Act are repealed. 2002, c. 22, s. 428 (4) Paragraph 68.5(14)(b) of the Act is replaced by the following: ��� C. 15 Budget Impleme (b) paid all excess rebates in respect of rebate periods ending before that time and any interest that has accrued to that time. (5) Subsection (1) applies in respect of rebate periods ending after June 2003. (6) Subsections (2) to (4) apply in respect of amounts owing after June 2003. R.S., c. 7 (2nd Supp.), s. 34(1); 2001, c. 16, s. 30(2) 98. (1) Subsections 72(7) and (8) of the Act are replaced by the following: Interest on payment (7) If an amount is paid to an applicant under subsection (6), the Minister shall pay interest at the prescribed rate to the applicant on the amount for the period beginning on the day that is 30 days after the day on which the application was received by the Minister and ending on the day on which the amount is paid. (2) Subsection (1) applies in respect of an application received by the Minister of National Revenue after June 2003. R.S., c. 7 (2nd Supp.), s. 34(1) 99. (1) Subsections 74(3) and (4) of the Act are replaced by the following: Interest on deduction (3) If a deduction is authorized under subsection (1), interest shall be authorized at the prescribed rate as a deduction in accordance with that subsection for the period beginning on the day that is 30 days after the day on which the application for the payment in respect of which the deduction was authorized was received by the Minister and ending on the day on which the notice of determination was sent. (2) Subsection (1) applies in respect of an application received by the Minister of National Revenue after June 2003. R.S., c. 15 (1st Supp.), s. 26(1), c. 7 (2nd Supp.), ss. 35(2) and (3) and 36(2), c. 12 (4th (Supp.), ss. 31(1) and (2) and 32(1) to (4); 2000, c. 30, s. 14(1); 2001, c. 16, ss. 32(1) to (3) 100. (1) Sections 78 and 79 of the Act are replaced by the following: 2002-2003 Determination of fiscal months Exécution du bu 78. (1) The fiscal months of a person shall be determined in accordance with the following rules: (a) if fiscal months of the person have been determined under subsection 243(2) or (4) for the purposes of Part IX, each of those fiscal months is a fiscal month of the person for the purposes of this Act; (b) if fiscal months of the person have not been determined under subsection 243(2) or (4) for the purposes of Part IX, the person may select for the purposes of this Act fiscal months that meet the requirements set out in subsection 243(2); and (c) if neither paragraph (a) nor paragraph (b) applies, each calendar month is a fiscal month of the person for the purposes of this Act. Notification of Minister (2) Every person who is required to file a return shall notify the Minister of their fiscal months in the prescribed form and manner. Returns and payments 79. (1) Every person who is required to pay tax under Part III or IV and every person who holds a licence granted under or in respect of those Parts shall, not later than the last day of the first month after each fiscal month of the person, (a) file a return with the Minister, in the prescribed form and manner, for that fiscal month; (b) calculate, in the return, the total amount of the tax payable, if any, by the person for that fiscal month; and (c) pay that amount to the Receiver General. Authority for extended reporting period (2) Despite subsection (1), the Minister may authorize a person to file a return and pay tax in respect of ��� C. 15 Budget Impleme (a) any period longer than one fiscal month but not longer than six fiscal months, if the tax payable by that person under Parts III and IV for the preceding twelve fiscal months did not exceed $4,800; or (b) any period longer than one fiscal month but not longer than six fiscal months, if (i) the activities of the person that give rise to tax payable by that person under Part III or IV are predominantly limited to a seasonal period of operation, and (ii) the tax payable by that person under Parts III and IV for the equivalent period in the preceding twelve fiscal months did not exceed an average of $400 per fiscal month during that equivalent period. Filing of return for extended reporting period (3) If the Minister authorizes a person under subsection (2) to file a return and pay tax in respect of a period longer than one fiscal month, the person shall, not later than the last day of the first month after the end of the period, file the return and pay any tax owing. Transition to reporting based on fiscal months 79.01 For the purposes of sections 78, 79 and 79.1, if the period that includes July 1, 2003 for which a person would have been required to file a return under section 78 as it read before that day (which period is referred to in this section as the ‘‘pre-existing accounting period’’) overlaps one or more fiscal months of the person, including any part of a fiscal month, the following rules apply: (a) the person shall file a return and pay any amounts owing in respect of the pre-existing accounting period in the same manner and at the same time as the person would have been required to under section 78 as it read before that day; and (b) in the case of a particular fiscal month that includes the last day of the pre-existing accounting period, the portion of that particular fiscal month after that last day is deemed to be part of the first fiscal month following the particular fiscal month and, for this purpose, that following fiscal month may exceed 35 days in length. 2002-2003 Exécution du bu Amounts owing of $2 or less in total 79.02 (1) If the Minister determines, at any time, that the total of all amounts owing by a person to Her Majesty in right of Canada under this Act does not exceed two dollars, those amounts are deemed to be nil. Amounts payable of $2 or less in total (2) If, at any time, the total of all amounts payable by the Minister to a person under this Act does not exceed two dollars, the Minister shall apply those amounts against any amount owing, at that time, by the person to Her Majesty in right of Canada under this Act. However, if the person, at that time, does not owe any amount to Her Majesty, those amounts payable are deemed to be nil. Compound interest on amounts not paid when required 79.03 (1) If a person fails to pay an amount to the Receiver General as and when required under this Act, the person shall pay to the Receiver General interest on the amount. The interest shall be compounded daily at the prescribed rate and computed for the period beginning on the first day after the day on which the amount was required to be paid and ending on the day on which the amount is paid. Payment of interest that is compounded (2) For the purposes of subsection (1), interest that is compounded on a particular day on an unpaid amount of a person is deemed to be required to be paid by the person to the Receiver General at the end of the particular day, and, if the person has not paid the interest so computed by the end of the day after the particular day, the interest shall be added to the unpaid amount at the end of the particular day. Period where interest not payable (3) Despite any other provision of this Act, if the Minister notifies a person that the person is required to pay a specified amount under this Act and the person pays the specified amount in full before the end of the period that the Minister specifies with the notice, interest is not payable on the specified amount for the period. Interest amounts of $25 or less (4) If, at any time, a person pays an amount not less than the total of all amounts, other than interest, owing at that time to Her Majesty in right of Canada under this Act for a fiscal month of the person and the total amount of interest payable by the person ��� C. 15 Budget Impleme under this Act for that month is not more than $25.00, the Minister may cancel the interest. Compound interest on amounts owed by Her Majesty 79.04 Interest shall be compounded daily at the prescribed rate on any amount payable by the Minister to a person. The interest shall be computed for the period beginning on the first day after the day on which the amount is required to be paid and ending on the day on which the amount is paid or is applied against an amount owed by the person to Her Majesty in right of Canada, unless this Act provides otherwise. Application of interest provisions if Act amended 79.05 For greater certainty, if a provision of an Act amends this Act and provides that the amendment comes into force on, or applies as of, a particular day that is before the day on which the provision is assented to, the provisions of this Act that relate to the calculation and payment of interest apply in respect of the amendment as though the provision had been assented to on the particular day. (2) Sections 78 to 79.01 of the Act, as enacted by subsection (1), come into force or are deemed to have come into force on July 1, 2003. (3) Sections 79.02 to 79.04 of the Act, as enacted by subsection (1), apply in respect of amounts owing by a person to Her Majesty in right of Canada, and in respect of amounts payable by the Minister of National Revenue, after June 2003. R.S., c. 12 (4th Supp.), s. 33(1) 101. (1) Subparagraphs 79.1(1)(a)(i) to (iii) of the Act are replaced by the following: (i) for a fiscal month is the lesser of (A) the tax payable under Parts III and IV, as the case may be, other than tax payable in accordance with the Customs Act, by that person in that month, and (B) the tax so payable in the last preceding fiscal month, and (ii) for any period authorized under subsection 79(2) is the lesser of (A) the tax payable under Parts III and IV, as the case may be, other than tax 2002-2003 Exécution du bu payable in accordance with the Customs Act, by that person in that period, and (B) the tax so payable in the last preceding period so authorized multiplied by the ratio that the number of days in the period to which the return relates is to the number of days in that last preceding period; and R.S., c. 12 (4th Supp.), s. 33(1); 1999, c. 31, par. 247(b)(F) (2) Subparagraph 79.1(1)(b)(ii) of the Act 1 is replaced by the following: (ii) the person (A) was, at any time in the last preceding calendar year ending at least ninety days, or ninety-one days if that time falls in a leap year, before that time, a member of a group of associated corporations (within the meaning of section 256 of the Income Tax Act) and the aggregate amount of taxes payable under Parts III and IV, other than taxes payable in accordance with the Customs Act, by the group in that year exceeded twelve million dollars, and (B) is not, at that time, authorized under subsection 79(2) to file a return for a period longer than one fiscal month. R.S., c. 12 (4th Supp.), s. 33(1) (3) Subsections 79.1(2) to (8) of the Act are replaced by the following: Instalment payments by large taxpayers (2) A large taxpayer who is required to file a return and pay tax under subsection 79(1) shall pay two instalments, each equal to one-half of the taxpayer’s instalment base for the fiscal month in which the tax became payable or the sales were made, as the case may be, the first to be paid not later than the last day of that month and the second not later than the day that is 15 days after that last day. ��� Instalment payments by other persons C. 15 Budget Impleme (3) A person, other than a large taxpayer, who is required under subsection 79(1) or (3) to file a return and pay tax in respect of a fiscal month or other period authorized under subsection 79(2) shall, not later than 21 days after the end of the month or period, as the case may be, pay an instalment on account of the tax equal to the person’s instalment base for the month or period. (4) Subsections (1) to (3) come into force or are deemed to have come into force on July 1, 2003. R.S., c. 12 (4th Supp.), s. 33(1); 1999, c. 17, s. 150(E) and par. 156(a) 102. (1) Section 79.2 of the Act is replaced by the following: Filing of return by mail 79.2 (1) If a person who is required under this Act to file a return with the Minister does so by mailing the return, the return is deemed to have been filed with the Minister on the day on which the return was mailed and the date of the postmark is evidence of that day. Payment or remittance of amounts (2) A person who is required under this Act to pay or remit an amount to the Receiver General shall not be considered as having paid or remitted the amount until it is received by the Receiver General. (2) Subsection (1) comes into force or is deemed to have come into force on July 1, 2003. 1990, c. 45, s. 11(1) 103. (1) Subsection 80(2) of the Act is replaced by the following: Alternate reporting (2) Any person filing a return under section 79 may, in lieu of submitting a report under subsection (1), include in the return a report in the prescribed form containing details of the person’s sales, taxes paid under this Act and deductions under subsection 69(2) in the period to which the return relates and any other prescribed information. (2) Subsection (1) applies in respect of fiscal months that begin after June 2003. 2002-2003 Exécution du bu R.S., c. 7 (2nd Supp.), s. 38(1) 104. (1) Subsections 81.16(4) to (6) of the Act are replaced by the following: Interest on reassessment (4) Subject to subsection (5), if an amount is paid under subsection (1), interest at the prescribed rate shall be paid, in respect of each day between the date of the notice of the assessment that is the subject of the objection and the day on which the payment was sent. Interest on amount paid by person (5) If a person has paid an amount on account of the amount owing as set out in a notice of assessment and a payment is made to that person under subsection (1) on an objection to the assessment, interest at the prescribed rate shall be paid, in respect of each day between the day on which the amount was paid by that person and the day on which the payment was sent to that person. (2) Subsection (1) applies in respect of amounts payable by the Minister of National Revenue after June 2003. R.S., c. 7 (2nd Supp.), s. 38(1) 105. (1) Subsections 81.18(3) to (5) of the Act are replaced by the following: Interest on refund payments (3) If an amount is paid under subsection (1), interest at the prescribed rate shall be paid, in respect of each day between the day that is 30 days after the day on which the application that is the subject of the reconsideration was received by the Minister and the day on which the payment is sent. Interest on refund deductions (4) If a deduction is authorized under subsection (2), interest at the prescribed rate shall be authorized as a deduction in accordance with subsection 74(1), calculated in respect of each day between the day that is 30 days after the day on which the application was received by the Minister and the day on which the notice of decision was sent. (2) Subsection (1) applies in respect of amounts payable by the Minister of National Revenue after June 2003. R.S., c. 7 (2nd Supp.), s. 38(1); 2001, c. 16, s. 33(1) 106. (1) Subsections 81.38(6) to (9) of the Act are replaced by the following: ��� C. 15 Budget Impleme Interest on assessment (6) Subject to subsection (7), if a payment is made under subsection (1) or (4) in respect of an assessment, interest at the prescribed rate shall be paid, in respect of each day between the date of the notice of assessment and the day on which the payment was sent. Interest on amounts payable to person (7) If a person has paid an amount on account of the amount owing as set out in a notice of assessment or a notice of decision and a payment is made to that person under subsection (1) or (4) in respect of the assessment, interest at the prescribed rate shall be paid, in respect of each day between the day on which the amount was paid by that person and the day on which the payment was sent to that person. Interest on refunds (8) If a payment is made under subsection (1) or (4) in respect of an application under any of sections 68 to 69, interest at the prescribed rate shall be paid, in respect of each day between the day that is 30 days after the day on which the application was received by the Minister and the day on which the payment was sent. (2) Subsection (1) applies in respect of amounts owing by a person to the Receiver General or amounts payable by the Minister of National Revenue, as the case may be, after June 2003. R.S., c. 7 (2nd Supp.), s. 38(1); 1993, c. 27, s. 4(1) 107. (1) Section 81.39 of the Act is replaced by the following: Deemed tax 81.39 (1) Subject to subsection (4), if a person has (a) received a drawback under section 70, (b) received a payment under subsection 68.16(1) or (2), 72(6) or (7), 81.14(1), 81.16(1), (4) or (5), 81.18(1) or (3) or 120(7), or (c) made a deduction under subsection 69(2), 73(1), (2) or (3), 74(1) or (3) or 81.18(2) or (4) to which that person was not entitled or in excess of the drawback, payment or deduction to 2002-2003 Exécution du bu which the person was entitled, the amount of the drawback, payment or deduction or the excess is deemed to be a tax under this Act payable by that person on the day the drawback, payment or deduction was made. Amount payable after disposition of appeal (2) If a person has received a payment under subsection 81.38(1), (6), (7) or (8) and, on the final disposition of the appeal by further appeal or otherwise, it is determined that the person was not entitled to the payment or that the payment was in excess of the payment to which the person was entitled, the amount of the payment or the excess is deemed to be a tax under this Act payable by that person on the day the payment was made. Amount payable after disposition of further appeal (3) If a person has received a payment under subsection 81.38(4), (6), (7) or (8) and, on the final disposition by further appeal or otherwise of the appeal referred to in subsection 81.38(1) on the basis of which the payment was made, it is determined that the person was not entitled to the payment or that the payment was in excess of the payment to which the person was entitled, the amount of the payment or the excess is deemed to be a tax under this Act payable by that person on the day the payment was made. Amount payable after recovery of payment (4) If a person is liable to pay an amount under subsection 68.15(3) or 68.21(3), that amount is deemed to be a tax under this Act payable by that person on the day the liability arose. (2) Subsection (1) applies in respect of amounts paid to a person after June 2003. R.S., c. 7 (2nd Supp.), s. 41(1), c. 12 (4th Supp.), s. 35(1) 108. (1) Subsections 84(5) to (9) of the Act are replaced by the following: Application of payments (5) Any moneys paid by a person under subsection (4) shall, in addition to being applied to that person’s liability under this section, be applied on account of the tax debtor’s liability under this Act. ��� C. 15 Budget Impleme Receipt by Receiver General (6) The receipt by the Receiver General of moneys paid as required under this section is a good and sufficient discharge of the liability to the tax debtor to the extent of the amount received. Definition of ‘‘tax debtor’’ (7) In this section, ‘‘tax debtor’’ means a person by whom any tax, penalty, interest or other sum is payable under this Act. (2) Subsection (1) applies in respect of an amount payable by a person after June 2003. 2001, c. 15, s. 3(1) 109. (1) Section 88 of the Act is replaced by the following: Waiver or cancellation of interest or penalty 88. (1) The Minister may waive or cancel any amount otherwise payable to the Receiver General under this Act that is interest or a penalty. Interest where amounts cancelled (2) If a person has paid an amount of interest or penalty and the Minister cancels that amount under subsection (1), the Minister shall pay interest on the amount paid by the person beginning on the day that is 30 days after the day on which the Minister received a request in a manner satisfactory to the Minister to apply that subsection and ending on the day on which the amount is refunded or applied against an amount owed by the person to Her Majesty in right of Canada. (2) Subsection (1) applies in respect of requests received by the Minister of National Revenue after June 2003. R.S., c. 7 (2nd Supp.), s. 51(1) 110. (1) The portion of paragraph 116(4)(a) of the Act before subparagraph (i) is replaced by the following: (a) the purchaser and not the manufacturer or wholesaler from whom the goods were purchased is liable to pay the tax and any interest under subsection 79.03(1), if R.S., c. 7 (2nd Supp.), s. 51(1) (2) Paragraph 116(4)(b) of the Act is replaced by the following: (b) in any other case, the purchaser and the manufacturer or wholesaler from whom the goods were purchased are jointly and severally liable to pay the tax and any interest under subsection 79.03(1). 2002-2003 Exécution du bu (3) Subsections (1) and (2) apply in respect of amounts owing by a person after June 2003. R.S., c. 1 (5th Supp.) Income Tax Act 111. (1) Paragraph 129(2.1)(b) of the Income Tax Act is replaced by the following: (b) the day that is 30 days after the day on which the corporation’s return of income under this Part for the year was filed under section 150, unless the return was filed on or before the day on or before which it was required to be filed, (2) Subsection (1) applies to taxation years that end after June 2003. 112. (1) Paragraph 131(3.1)(b) of the Act is replaced by the following: (b) the day that is 30 days after the day on which the corporation’s return of income under this Part for the year was filed under section 150, unless the return was filed on or before the day on or before which it was required to be filed, (2) Subsection (1) applies to taxation years that end after June 2003. 113. (1) The portion of subsection 132(2.1) of the Act before paragraph (a) is replaced by the following: Interest on capital gains refund (2.1) If a capital gains refund for a taxation year is paid to, or applied to a liability of, a mutual fund trust, the Minister shall pay or apply interest on the refund at the prescribed rate for the period beginning on the day that is 30 days after the later of (2) Subsection (1) applies to taxation years that end after June 2003. 114. (1) Paragraph 133(7.01)(b) of the Act is replaced by the following: (b) the day that is 30 days after the day on which the corporation’s return of income ��� C. 15 Budget Impleme under this Part for the year was filed under section 150, unless the return was filed on or before the day on or before which it was required to be filed, (2) Subsection (1) applies to taxation years that end after June 2003. 115. (1) Subsection 157(2) of the Act is repealed. (2) Subsection (1) applies to taxation years that begin after June 2003. 116. (1) Subsection 161(2.1) of the Act is repealed. (2) The portion of paragraph 161(7)(b) of the Act before subparagraph (i) is replaced by the following: (b) the amount by which the tax payable under this Part and Parts I.3, VI and VI.1 by the taxpayer for the year is reduced as a consequence of the deduction or exclusion of amounts described in paragraph (a) is deemed to have been paid on account of the taxpayer’s tax payable under this Part for the year on the day that is 30 days after the latest of (3) Subsection (1) applies to taxation years that end after June 2003. (4) Subsection (2) applies in respect of applications received after June 2003. 117. (1) The Act is amended by adding the following after section 161.1: Period where interest not payable 161.2 Notwithstanding any other provision of this Act, if the Minister notifies a taxpayer that the taxpayer is required to pay a specified amount under this Act and the taxpayer pays the specified amount in full before the end of the period that the Minister specifies with the notice, interest is not payable on the specified amount for the period. 2002-2003 Exécution du bu Small Amounts Owing Interest and penalty amounts of $25 or less 161.3 If, at any time, a person pays an amount not less than the total of all amounts, other than interest and penalty, owing at that time to Her Majesty in right of Canada under this Act for a taxation year of the person and the total amount of interest and penalty payable by the person under this Act for that year is not more than $25.00, the Minister may cancel the interest and penalty. Taxpayer 161.4 (1) If the Minister determines, at any time, that the total of all amounts owing by a person to Her Majesty in right of Canada under this Act does not exceed two dollars, those amounts are deemed to be nil. Minister (2) If, at any time, the total of all amounts payable by the Minister to a person under this Act does not exceed two dollars, the Minister shall apply those amounts against any amount owing, at that time, by the person to Her Majesty in right of Canada. However, if the person, at that time, does not owe any amount to Her Majesty, those amounts payable are deemed to be nil. (2) Section 161.2 of the Act, as enacted by subsection (1), comes into force or is deemed to have come into force on July 1, 2003. (3) Section 161.3 of the Act, as enacted by subsection (1), applies to taxation years that end after June 2003. (4) Section 161.4 of the Act, as enacted by subsection (1), applies to amounts owing or payable, as the case may be, after June 2003. 118. (1) Subsection 164(3) of the Act is replaced by the following: Interest on refunds and repayments (3) Where under this section an amount in respect of a taxation year (other than an amount or portion of it that can reasonably be considered to arise from the operation of section 122.5, 122.61 or 126.1) is refunded or repaid to a taxpayer or applied to another liability of the taxpayer, the Minister shall pay ��� C. 15 Budget Impleme or apply interest on it at the prescribed rate for the period beginning on the day that is the latest of the days referred to in the following paragraphs and ending on the day on which the amount is refunded, repaid or applied: (a) if the taxpayer is an individual, the day that is 30 days after the individual’s balance-due day for the year; (b) if the taxpayer is a corporation, the day that is 120 days after the end of the year; (c) if the taxpayer is (i) a corporation, the day that is 30 days after the day on which its return of income for the year was filed under section 150, unless the return was filed on or before the corporation’s filing-due date for the year, and (ii) an individual, the day that is 30 days after the day on which the individual’s return of income for the year was filed under section 150; (d) in the case of a refund of an overpayment, the day on which the overpayment arose; and (e) in the case of a repayment of an amount in controversy, the day on which an overpayment equal to the amount of the repayment would have arisen if the total of all amounts payable on account of the taxpayer’s liability under this Part for the year were the amount by which (i) the lesser of the total of all amounts paid on account of the taxpayer’s liability under this Part for the year and the total of all amounts assessed by the Minister as payable under this Part by the taxpayer for the year exceeds (ii) the amount repaid. (2) Subsection 164(3.2) of the Act is replaced by the following: 2002-2003 Interest where amounts cancelled Exécution du bu (3.2) Notwithstanding subsection (3), if an overpayment of a taxpayer for a taxation year is determined because of an assessment made under subsection 152(4.2) or 220(3.1) or (3.4) and an amount in respect of the overpayment is refunded to, or applied to another liability of, the taxpayer under subsection (1.5) or (2), the Minister shall pay or apply interest on the overpayment at the prescribed rate for the period beginning on the day that is 30 days after the day on which the Minister received a request in a manner satisfactory to the Minister to apply those subsections and ending on the day on which the amount is refunded or applied. (3) The portion of subsection 164(5) of the Act after paragraph (h.3) and before paragraph (i) is replaced by the following: is deemed to have arisen on the day that is 30 days after the latest of (4) Subsections (1) and (3) apply to taxation years that end after June 2003. (5) Subsection (2) applies in respect of requests received by the Minister of National Revenue after June 2003. 119. (1) The portion of subsection 183.1(2) of the Act after paragraph (b) is replaced by the following: the corporation shall, on or before its balancedue day for its taxation year that includes that time, pay tax of 45% of that amount or portion of it, as the case may be. (2) Subsection (1) applies to taxation years that begin after June 2003. 120. (1) The portion of subsection 186(1) of the Act before paragraph (a) is replaced by the following: Tax on assessable dividends 186. (1) Every corporation (in this section referred to as the ‘‘particular corporation’’) that is at any time in a taxation year a private corporation or a subject corporation shall, on or before its balance-due day for the year, pay ��� C. 15 Budget Impleme a tax under this Part for the year equal to the amount, if any, by which the total of (2) Subsection (1) applies to taxation years that begin after June 2003. 121. (1) Section 187.2 of the Act is replaced by the following: Tax on dividends on taxable preferred shares 187.2 Every corporation shall, on or before its balance-due day for a taxation year, pay a tax under this Part for the year equal to 10% of the total of all amounts each of which is a dividend, other than an excepted dividend, received by the corporation in the year on a taxable preferred share (other than a share of a class in respect of which an election under subsection 191.2(1) has been made) to the extent that an amount in respect of the dividend was deductible under section 112 or 113 or subsection 138(6) in computing its taxable income for the year or under subsection 115(1) in computing its taxable income earned in Canada for the year. (2) Subsection (1) applies to taxation years that begin after June 2003. 122. (1) Subsection 187.3(1) of the Act is replaced by the following: Tax on dividends on taxable RFI shares 187.3 (1) Every restricted financial institution shall, on or before its balance-due day for a taxation year, pay a tax under this Part for the year equal to 10% of the total of all amounts each of which is a dividend, other than an excepted dividend, received by the institution at any time in the year on a share acquired by any person before that time and after 8:00 p.m. Eastern Daylight Saving Time, June 18, 1987 that was, at the time the dividend was paid, a taxable RFI share to the extent that an amount in respect of the dividend was deductible under section 112 or 113 or subsection 138(6) in computing its taxable income for the year or under subsection 115(1) in computing its taxable income earned in Canada for the year. 2002-2003 Exécution du bu (2) Subsection (1) applies to taxation years that begin after June 2003. 123. (1) Paragraph 196(3)(b) of the Act is replaced by the following: (b) the remainder, if any, of the tax payable by it under this Part for the year, on or before its balance-due day for the year. (2) Subsection (1) applies to taxation years that begin after June 2003. 124. (1) Paragraph 204.86(1)(c) of the Act is replaced by the following: (c) on or before its balance-due day for the year, pay to the Receiver General the amount of tax and penalties, if any, payable under this Part by it for the year. (2) Paragraph 204.86(2)(c) of the Act is replaced by the following: (c) on or before its balance-due day for the year, pay to the Receiver General the amount of tax payable under this Part by it for the year. (3) Subsections (1) and (2) apply to taxation years that begin after June 2003. 125. (1) The portion of subsection 208(2) of the Act before paragraph (a) is replaced by the following: Return and payment of tax (2) A person liable to pay a tax under this Part in respect of a year shall, on or before its balance-due day for a taxation year, (2) Subsection (1) applies to taxation years that begin after June 2003. ��� C. 15 Budget Impleme 126. (1) Paragraph 209(4)(b) of the Act is replaced by the following: (b) the remainder, if any, of the tax payable by the person under this Part for the year, on or before the person’s balance-due day for the year. (2) Subsection (1) applies to taxation years that begin after June 2003. 127. (1) Section 211.4 of the Act is replaced by the following: Payment of remainder of tax 211.4 Every life insurer shall pay, on or before its balance-due day for a taxation year, the remainder, if any, of the tax payable under this Part by the insurer for the year. (2) Subsection (1) applies to taxation years that begin after June 2003. 128. (1) The portion of subsection 219(1) of the Act before paragraph (a) is replaced by the following: Additional tax 219. (1) Every corporation that is non-resident in a taxation year shall, on or before its balance-due day for the year, pay a tax under this Part for the year equal to 25% of the amount, if any, by which the total of (2) Subsection (1) applies to taxation years that begin after June 2003. 129. (1) Subsection 220(3) of the Act is replaced by the following: Extensions for returns (3) The Minister may at any time extend the time for making a return under this Act. However, the extension does not apply for the purpose of calculating a penalty that a person is liable to pay under section 162 if the person fails to make the return within the period of the extension. (2) Subsection (1) applies in respect of extensions granted after February 18, 2003. 2002-2003 Exécution du bu Coordinating Amendments Excise Act, 2001 130. (1) On the later of the coming into force of subsection 100(1) of this Act and section 382 of the Excise Act, 2001, being chapter 22 of the Statutes of Canada, 2002 (the ‘‘other Act’’), section 78 of the Excise Tax Act is replaced by the following: Determination of fiscal months 78. (1) The fiscal months of a person shall be determined in accordance with the following rules: (a) if fiscal months of the person have been determined under subsection 243(2) or (4) for the purposes of Part IX, each of those fiscal months is a fiscal month of the person for the purposes of this Act; (b) if fiscal months of the person have not been determined under subsection 243(2) or (4) for the purposes of Part IX, the person may select for the purposes of this Act fiscal months that meet the requirements set out in subsection 243(2); and (c) if neither paragraph (a) nor paragraph (b) applies, each calendar month is a fiscal month of the person for the purposes of this Act. Notification of Minister (2) Every person who is required to file a return shall notify the Minister of their fiscal months in the prescribed form and manner. (2) On the later of the coming into force of subsection 100(1) of this Act and section 383 of the other Act, section 79 of the Excise Tax Act is replaced by the following: Returns and payments 79. (1) Every person who is required to pay tax under Part III and every person who holds a licence granted under or in respect of that Part shall, not later than the last day of the first month after each fiscal month of the person, (a) file a return with the Minister, in the prescribed form and manner, for that fiscal month; ��� C. 15 Budget Impleme (b) calculate, in the return, the total amount of the tax payable, if any, by the person for that fiscal month; and (c) pay that amount to the Receiver General. Authority for extended reporting period (2) Despite subsection (1), the Minister may authorize a person to file a return and pay tax in respect of (a) any period longer than one fiscal month but not more than six fiscal months, if the tax payable by that person under Part III for the preceding twelve fiscal months did not exceed $4,800; or (b) any period longer than one fiscal month but not more than six fiscal months, if (i) the activities of the person that give rise to tax payable by that person under Part III are predominantly limited to a seasonal period of operation, and (ii) the tax payable by that person under Part III for the equivalent period in the preceding twelve fiscal months did not exceed an average of $400 per fiscal month during that equivalent period. Filing of return for extended reporting period (3) If the Minister authorizes a person under subsection (2) to file a return and pay tax in respect of a period longer than one fiscal month, the person shall, not later than the last day of the first month after the end of the period, file the return and pay any tax owing. (3) On the later of the coming into force of subsection 101(1) of this Act and subsection 384(1) of the other Act, clause 79.1(1)(a)(i)(A) of the Excise Tax Act is replaced by the following: (A) the tax payable under Part III, other than tax payable in accordance with the Customs Act, by that person in that month, and (4) On the later of the coming into force of subsection 101(1) of this Act and subsection 384(2) of the other Act, clause 79.1(1)(a)(ii)(A) of the Excise Tax Act is replaced by the following: 2002-2003 Exécution du bu (A) the tax payable under Part III, other than tax payable in accordance with the Customs Act, by that person in that period, and (5) If subsection 101(1) of this Act comes into force before, or on the same day as, subsection 384(3) of the other Act, then, on the day on which that subsection 101(1) comes into force, that subsection 384(3) is repealed. (6) On the later of the coming into force of subsection 101(2) of this Act and subsection 384(4) of the other Act, subparagraph 79.1(1)(b)(ii) of the Excise Tax Act is replaced by the following: (ii) the person (A) was, at any time in the last preceding calendar year ending at least ninety days, or ninety-one days if that time falls in a leap year, before that time, a member of a group of associated corporations (within the meaning of section 256 of the Income Tax Act) and the aggregate amount of taxes payable under Part III, other than taxes payable in accordance with the Customs Act, by the group in that year exceeded twelve million dollars, and (B) is not, at that time, authorized under subsection 79(2) to file a return for a period longer than one fiscal month. (7) If subsection 101(3) of this Act comes into force before, or on the same day as, subsection 384(5) of the other Act, then, on the day on which that subsection 101(3) comes into force, that subsection 384(5) is repealed. C. 15 ��� Budget Implementatio SCHED (Subectio SCHED (Subsections 2(1), 3(2), 4(1 ���������������� �������� �������� ���������������� �������� �������� �������� �������� �������� �������� �������� ���������������� �������� �������� �������� �������� �������� �������� �������� ���������������� �������� �������� ���������������� �������� �������� �������� �������� ���������������� �������� �������� �������� �������� �������� �������� �������� �������� �������� �������� ���������������� ���������������� �������� �������� ���������������� �������� �������� �������� �������� ���������������� LIST OF NAMES OF FIRST NATIONS AND GOVE Column 1 Column 2 First Nation Governing Body Adams Lake Council of Adams Lake Bonaparte Council of Bonaparte Buffalo Point First Nation Council of Buffalo Point First Nation Champagne and Aishihik First Nations First Nations Council of the Champagne and Aishihik Fir Nations Cowichan Council of Cowichan First Nation of Nacho Nyak Dun Assembly of the First Nation o Nacho Nyak Dun Kamloops Council of Kamloops Little Salmon/Carmacks First Nation Assembly of the Little Salmon/Carmacks First Nati Montagnais Essipit Conseil des Montagnais Essipi Muskeg Lake Council of Muskeg Lake Selkirk First Nation Assembly of the Selkirk First Nation 2002-2003 Exécution du budget ANN (paragrap ANN (paragraphes 2(1), 3(2), 4 ���������������� �������� �������� ���������������� �������� �������� �������� �������� �������� �������� �������� ���������������� �������� �������� �������� �������� �������� �������� �������� ���������������� �������� �������� �������� �������� �������� �������� ���������������� �������� �������� ���������������� �������� �������� �������� �������� �������� �������� �������� �������� �������� �������� �������� �������� �������� �������� ���������������� �������� �������� NOM DES PREMIÈRES NATIONS ET DES CORP Colonne 1 Colonne 2 Première nation Corps dirigeant Adams Lake Council of Adams Lake Bonaparte Council of Bonaparte Buffalo Point First Nation Council of Buffalo Point First Nation Conseil des Ta’an Kwach’an Board of Directors and Elders Council of the Ta’an Kwach Council Conseil des Tlingits de Teslin General Council of the Teslin Tlingit Council Cowichan Council of Cowichan Kamloops Council of Kamloops Montagnais Essipit Conseil des Montagnais Essipi Muskeg Lake Council of Muskeg Lake Première nation des Gwitchin Vuntut Tribal Council of the Vuntut Gwitchin First Nation C. 15 Budget Implementatio ���������������� �������� �������� �������� �������� ���������������� �������� �������� �������� �������� ���������������� �������� �������� �������� �������� �������� �������� ���������������� �������� �������� �������� �������� �������� �������� ���������������� �������� �������� �������� �������� ���������������� �������� �������� ���������������� �������� �������� �������� �������� ���������������� �������� �������� ���������������� ��� Column 1 Column 2 First Nation Governing Body Shuswap Council of Shuswap Skeetchestn Council of Skeetchestn Skidegate Council of Skidegate Sliammon Council of Sliammon Ta’an Kwach’an Council Board of Directors and Elders Council of the Ta’an Kwach Council Teslin Tlingit Council General Council of the Teslin Tlingit Council Tr’ondëk Hwëch’in General Assembly of the Tr’ondëk Hwëch’in Tzeachten Council of Tzeachten Vuntut Gwitchin First Nation Tribal Council of the Vuntut Gwitchin First Nation 2002-2003 Exécution du budget ���������������� �������� �������� �������� �������� �������� �������� �������� �������� �������� �������� ���������������� �������� �������� �������� �������� �������� �������� �������� �������� �������� �������� ���������������� �������� �������� �������� �������� �������� �������� ���������������� �������� �������� �������� �������� �������� �������� �������� �������� ���������������� �������� �������� �������� �������� ���������������� �������� �������� �������� �������� �������� �������� �������� �������� �������� �������� �������� �������� ���������������� �������� �������� ���������������� Colonne 1 Colonne 2 Première nation Corps dirigeant Première nation de Little Salmon/Carmacks Assembly of the Little Salmon Carmacks First Nation Première nation des Nacho Nyak Dun Assembly of the First Nation o Nacho Nyak Dun Première nation de Selkirk Assembly of the Selkirk First Nation Premières nations de Champagne et de Aishihik First Nations Council of the Champagne and Aishihik Fir Nations Shuswap Council of Shuswap Skeetchestn Council of Skeetchestn Skidegate Council of Skidegate Sliammon Council of Sliammon Tr’ondëk Hwëch’in General Assembly of the Tr’ondëk Hwëch’in Tzeachten Council of Tzeachten Published under authority of the Speaker of the House of Commons Available from: ������������� ����������������� ���������� ���������� Ottawa, Canada K1A 0S9 ��������� ����� ������������� ����������������� ���������� ����������� ������� ������� ��� ���

Third Session, Thirty-seventh Parliament, 52-53 Elizabeth II, 2004 STATUTES OF CANADA 2004 CHAPTER 11 An Act to establish the Library and Archives of Canada, to amend the Copyright Act and to amend certain Acts in consequence BILL C-8 ASSENTED TO 22nd APRIL, 2004 RECOMMENDATION Her Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled “An Act to establish the Library and Archives of Canada, to amend the Copyright Act and to amend certain Acts in consequence”. SUMMARY This enactment creates the Library and Archives of Canada as the successor to the National Library and the National Archives of Canada and provides for the appointment of its head, the Librarian and Archivist of Canada. This enactment provides for functions and powers of the Librarian and Archivist that are a modernization of the present functions and powers of the National Librarian and National Archivist of Canada and integrates their formerly distinct missions. The regime for legal deposit of publications has also been updated to provide for the deposit of electronic publications. A new power to preserve the documentary heritage of Canada as found on the Internet has also been introduced. This enactment amends the Copyright Act by providing for a longer term of protection for unpublished or posthumously published works of authors who died before 1949. The new terms of protection are extended for varying periods, depending on the date of the author’s death and whether or not the work is published during the particular periods in question. Furthermore, requirements for archives holding unpublished works in their collections that were deposited before 1999 to obtain consents from copyright holders for the making of certain copies of those works and related recordkeeping or ownertracing requirements have been removed. This enactment makes several consequential amendments to relevant legislation and contains transitional provisions and coordinating amendments. All parliamentary publications are available on the Parliamentary Internet Parlementaire at the following address: http://www.parl.gc.ca TABLE OF PROVISIONS AN ACT ESTABLISHING THE LIBRARY AND ARCHIVES OF CANADA, TO AMEND THE COPYRIGHT ACT AND TO AMEND CERTAIN ACTS IN CONSEQUENCE Preamble SHORT TITLE 1. Short title 2. 3. Definitions Application 4. 5. 6. Establishment Appointment of Librarian and Archivist Establishment of Advisory Council INTERPRETATION AND APPLICATION ESTABLISHMENT AND ORGANIZATION OBJECTS AND POWERS 7. 8. 9. Objects Powers of Librarian and Archivist Destruction or disposal 10. Deposit of publications LEGAL DEPOSIT OBTAINING ARCHIVAL QUALITY RECORDINGS FOR PRESERVATION PURPOSES 11. Providing archival quality copy 12. 13. 14. 15. Destruction and disposal Transfer of records Application Restricted access to Privy Council confidences 16. 17. Surplus publications Surplus Crown Assets Act not to apply 18. Account 19. Certified copies 20. Offence and punishment GOVERNMENT AND MINISTERIAL RECORDS SURPLUS CROWN ASSETS ACT FINANCIAL PROVISIONS GENERAL OFFENCES AND PENALTIES AMENDMENTS TO THE COPYRIGHT ACT 21. Copyright Act i CONSEQUENTIAL AMENDMENTS 22-24. 25-26. 27. 28. 29-30. 31. 32. 33. 34. Access to Information Act Copyright Act Department of Veterans Affairs Act Excise Tax Act Financial Administration Act Historic Sites and Monuments Act Income Tax Act Injured Military Members Compensation Act Nunavut Land Claims Agreement Act 35. 36. 37-41. 42. Parliament of Canada Act Pension Act Privacy Act Proceeds of Crime (Money Laundering) and Terrorist Financing Act 43-44. Public Sector Compensation Act 45-46. Public Service Staff Relations Act 47. War Veterans Allowance Act 48-49. Youth Criminal Justice Act 50. Yukon First Nations Land Claims Settlement Act 51. Yukon First Nations Self-Government Act TRANSITIONAL PROVISIONS 52. No continuation in office 53. 54. Bill C-6 Bill C-25 55. 56. Repeal Repeal of R.S., c. N-12 57. Order COORDINATING AMENDMENTS REPEALS COMING INTO FORCE 52-53 ELIZABETH II —————— CHAPTER 11 An Act to establish the Library and Archives of Canada, to amend the Copyright Act and to amend certain Acts in consequence [Assented to 22nd April, 2004] Preamble WHEREAS it is necessary that (a) the documentary heritage of Canada be preserved for the benefit of present and future generations; (b) Canada be served by an institution that is a source of enduring knowledge accessible to all, contributing to the cultural, social and economic advancement of Canada as a free and democratic society; (c) that institution facilitate in Canada cooperation among the communities involved in the acquisition, preservation and diffusion of knowledge; and (d) that institution serve as the continuing memory of the government of Canada and its institutions; NOW, THEREFORE, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: SHORT TITLE Short title 1. This Act may be cited as the Library and Archives of Canada Act. INTERPRETATION AND APPLICATION Definitions “documentary heritage” « patrimoine documentaire » 2. The definitions in this section apply in this Act. “documentary heritage” means publications and records of interest to Canada. 2 “government institution” « institution fédérale » “government record” « document fédéral » “Librarian and Archivist” Version anglaise seulement “Minister” « ministre » “ministerial record” « document ministériel » “publication” « publication » “record” « document » Application C. 11 Library and Arch “government institution” means a government institution listed in Schedule I to the Access to Information Act or the schedule to the Privacy Act or any institution designated by the Governor in Council. “government record” means a record that is under the control of a government institution. “Librarian and Archivist” means the Librarian and Archivist of Canada appointed under subsection 5(1). “Minister” means the member of the Queen’s Privy Council for Canada who is designated by the Governor in Council as the Minister for the purposes of this Act. “ministerial record” means a record of a member of the Queen’s Privy Council for Canada who holds the office of a minister and that pertains to that office, other than a record that is of a personal or political nature or that is a government record. “publication” means any library matter that is made available in multiple copies or at multiple locations, whether without charge or otherwise, to the public generally or to qualifying members of the public by subscription or otherwise. Publications may be made available through any medium and may be in any form, including printed material, on-line items or recordings. “record” means any documentary material other than a publication, regardless of medium or form. 3. This Act binds Her Majesty in right of Canada. ESTABLISHMENT AND ORGANIZATION Establishment 4. There is hereby established a branch of the public service of Canada to be known as the Library and Archives of Canada presided over by the Minister and under the direction of the Librarian and Archivist. Appointment of Librarian and Archivist 5. (1) The Governor in Council shall appoint an officer, to be called the Librarian and Archivist of Canada, to hold office during pleasure and to have the rank and powers of a deputy head of a department. Bibliothèque et Ar Acting Librarian and Archivist (2) If the Librarian and Archivist is absent or incapacitated or if the office of Librarian and Archivist is vacant, the Minister may appoint a person to act as Librarian and Archivist, but the term of such an appointment shall not exceed six months except with the approval of the Governor in Council. Establishment of Advisory Council 6. The Minister may establish an Advisory Council to advise the Librarian and Archivist with regard to making the documentary heritage known to Canadians and to anyone with an interest in Canada and facilitating access to it. OBJECTS AND POWERS Objects 7. The objects of the Library and Archives of Canada are (a) to acquire and preserve the documentary heritage; (b) to make that heritage known to Canadians and to anyone with an interest in Canada and to facilitate access to it; (c) to be the permanent repository of publications of the Government of Canada and of government and ministerial records that are of historical or archival value; (d) to facilitate the management of information by government institutions; (e) to coordinate the library services of government institutions; and (f) to support the development of the library and archival communities. Powers of Librarian and Archivist 8. (1) The Librarian and Archivist may do anything that is conducive to the attainment of the objects of the Library and Archives of Canada, including (a) acquire publications and records or obtain the care, custody or control of them; (b) take measures to catalogue, classify, identify, preserve and restore publications and records; (c) compile and maintain information resources such as a national bibliography and a national union catalogue; C. 11 Library and Arch (d) provide information, consultation, research or lending services, as well as any other services for the purpose of facilitating access to the documentary heritage; (e) establish programs and encourage or organize any activities, including exhibitions, publications and performances, to make known and interpret the documentary heritage; (f) enter into agreements with other libraries, archives or institutions in and outside Canada; (g) advise government institutions concerning the management of information produced or used by them and provide services for that purpose; (h) provide leadership and direction for library services of government institutions; (i) provide professional, technical and financial support to those involved in the preservation and promotion of the documentary heritage and in providing access to it; and (j) carry out such other functions as the Governor in Council may specify. Sampling from Internet (2) In exercising the powers referred to in paragraph (1)(a) and for the purpose of preservation, the Librarian and Archivist may take, at the times and in the manner that he or she considers appropriate, a representative sample of the documentary material of interest to Canada that is accessible to the public without restriction through the Internet or any similar medium. Destruction or disposal 9. (1) The Librarian and Archivist may dispose of any publication or record under his or her control, including by destruction, if he or she considers that it is no longer necessary to retain it. Restriction (2) Any such disposition is subject to the terms and conditions under which the publication or record has been acquired or obtained. Bibliothèque et Ar LEGAL DEPOSIT Deposit of publications 10. (1) Subject to the regulations, the publisher who makes a publication available in Canada shall, at the publisher’s own expense, provide two copies of the publication to the Librarian and Archivist — who shall acknowledge their receipt — within (a) in any case other than one referred to in paragraph (b), seven days after the day it is made available; or (b) in the case of a publication that is in a class prescribed under paragraph (2)(d), seven days after receiving a written request from the Librarian and Archivist or any longer period specified in the request. Regulations (2) The Minister may make regulations for the purposes of this section, including regulations (a) defining “publisher”; (b) respecting any measures that must be taken to make the publications that use a medium other than paper and their contents accessible to the Librarian and Archivist; (c) prescribing the classes of publications in respect of which only one copy is required to be provided; and (d) prescribing the classes of publications in respect of which the obligation under subsection (1) applies only on a written request from the Librarian and Archivist. Property (3) Publications provided to the Librarian and Archivist under this section belong to Her Majesty and form part of the collection of the Library and Archives of Canada. Each version, edition or form of a publication (4) For the purposes of this section, every version, edition or form of a publication shall be considered a distinct publication. OBTAINING ARCHIVAL QUALITY RECORDINGS FOR PRESERVATION PURPOSES Providing archival quality copy 11. (1) If the Librarian and Archivist determines that a recording that was made available to the public in Canada has historical or archival value, he or she may by a written request require any other person who is legally C. 11 Library and Arch entitled to provide such a copy to provide to the Librarian and Archivist, in accordance with the terms specified, a copy of that recording in the form and quality that the Librarian and Archivist determines is suitable for archival purposes and specifies in the request. Definition of “recording” (2) In this section, “recording” means anything that requires a machine in order to use its content, whether sounds, images or other information. Payment for copy (3) The Librarian and Archivist shall reimburse the person, other than Her Majesty in right of Canada or one of Her agents, who provides a copy under subsection (1) for the actual cost of making that copy. Binding on Crown in right of a province (4) This section binds Her Majesty in right of a province. Property (5) Copies provided to the Librarian and Archivist under this section belong to Her Majesty and form part of the collection of the Library and Archives of Canada. GOVERNMENT AND MINISTERIAL RECORDS Destruction and disposal 12. (1) No government or ministerial record, whether or not it is surplus property of a government institution, shall be disposed of, including by being destroyed, without the written consent of the Librarian and Archivist or of a person to whom the Librarian and Archivist has, in writing, delegated the power to give such consents. Right of access to records (2) Despite anything in any other Act of Parliament, the Librarian and Archivist has a right of access to any record to whose disposition he or she has been asked to consent. Exception (3) For the purposes of this section, the Librarian and Archivist may have access to a record to which subsection 69(1) of the Access to Information Act applies, only with the consent of the Clerk of the Privy Council and to a government record that contains information the disclosure of which is restricted by or pursuant to any provision set out in Schedule II to that Act, only with the consent of the head of the government institution in question. Bibliothèque et Ar Right to give access (4) Despite anything in any other Act of Parliament, any officer or employee of a government institution may grant to the Librarian and Archivist access to any record to whose disposition the Librarian and Archivist has been asked to consent. Security requirements (5) The Librarian and Archivist and every person acting on behalf or under the direction of the Librarian and Archivist shall, with respect to access to records, satisfy any security requirements applicable to, and take any oath of secrecy required to be taken by, persons who normally have access to those records. Transfer of records 13. (1) The transfer to the care and control of the Librarian and Archivist of government or ministerial records that he or she considers to have historical or archival value shall be effected in accordance with any agreements for the transfer of records that may be made between the Librarian and Archivist and the government institution or person responsible for the records. Regulations (2) The Governor in Council may, by regulation, prescribe terms and conditions governing the transfer of records under subsection (1). Government records at risk (3) If government records referred to in subsection (1) are, in the opinion of the Librarian and Archivist, at risk of serious damage or destruction, the Librarian and Archivist may require their transfer in the manner and at the time that the Librarian and Archivist specifies. Records of former government institutions (4) Except as otherwise directed by the Governor in Council, the Librarian and Archivist shall have the care and control of all records of a government institution whose functions have ceased. Application 14. Sections 12 and 13 do not apply in respect of records that are library or museum materials kept by a government institution for reference or exhibition purposes. Restricted access to Privy Council confidences 15. The Librarian and Archivist shall not provide access to confidences of the Queen’s Privy Council for Canada to which subsection C. 11 Library and Arch 69(1) of the Access to Information Act applies without the consent of the Clerk of the Privy Council. SURPLUS CROWN ASSETS ACT Surplus publications Surplus Crown Assets Act not to apply 16. Despite the Surplus Crown Assets Act, all publications that have become surplus to the requirements of any government institution shall be placed in the care or control of the Librarian and Archivist. 17. The Surplus Crown Assets Act does not apply to any record or publication that is in the care or control of the Librarian and Archivist. FINANCIAL PROVISIONS Account 18. (1) There shall be an account in the accounts of Canada called the Library and Archives of Canada Account to which shall be credited all amounts received for the Library and Archives of Canada including by way of gift. Amounts payable out of Account (2) Any amounts required for the purposes of this Act may be paid out of the Library and Archives of Canada Account. Use of funds (3) Amounts referred to in subsection (1) shall be used in accordance with any terms and conditions attached to them. GENERAL Production of certified copy 19. (1) Subject to subsection (2), if the Librarian and Archivist is compelled to produce a record or publication that is under his or her control, the Librarian and Archivist may certify a copy of it and produce that copy, which is receivable in evidence in the same manner as the original without proof of the signature or official character of the person or persons appearing to have certified it. Production of original (2) If the court, tribunal or other entity under whose authority the Librarian and Archivist may be compelled to produce a record or publication is satisfied that it is necessary, taking into account the risks implicit in the production of the original and the importance of its preservation and of continued access to it, to order that the original of the record or publica2004 Bibliothèque et Ar tion be produced, the court, tribunal or other entity shall ensure that any measures that are required to protect and preserve it are taken and that it is returned to the care and control of the Librarian and Archivist as soon as it is no longer needed for the purposes of the matter in question. OFFENCES AND PENALTIES Offence and punishment 20. (1) Every person who contravenes subsection 10(1) or the regulations or fails to comply with a request of the Librarian and Archivist under subsection 11(1) is guilty of an offence and liable on summary conviction (a) in the case of an individual, to the fine referred to in subsection 787(1) of the Criminal Code; and (b) in the case of a corporation, to the fine referred to in paragraph 735(1)(b) of that Act. No imprisonment in default of fine payment (2) Despite subsection 787(2) of the Criminal Code, a term of imprisonment may not be imposed for default of payment of a fine imposed under subsection (1). Recovery of fines (3) A fine imposed under subsection (1) is a debt payable to Her Majesty in right of Canada and may be recovered as such in any court of competent jurisdiction or by any manner provided for in any Act of Parliament. R.S., c. C-42 AMENDMENTS TO THE COPYRIGHT ACT 1997, c. 24, s. 18(1) 21. (1) Subsection 30.21(1) of the Copyright Act is replaced by the following: Copying works deposited in archive 30.21 (1) It is not an infringement of copyright for an archive to make a copy, in accordance with subsection (3), of an unpublished work that is deposited in the archive. 1999, c. 31, s. 60(E) (2) Paragraph 30.21(3)(a) of the English version of the Act is replaced by the following: (a) the person who deposited the work, if a copyright owner, did not, at the time the work was deposited, prohibit its copying; C. 11 1997, c. 24, s. 18(1) (3) Subsections 30.21(5) to (7) of the Act are repealed. Application (4) Subsection (1) applies in respect of unpublished works deposited in an archive on or before September 1, 1999 or at any time after that date. Library and Arch CONSEQUENTIAL AMENDMENTS R.S., c. A-1 1990, c. 3, s. 32 (Sch., s. 1(1)) Access to Information Act 22. Paragraph 68(c) of the Access to Information Act is replaced by the following: (c) material placed in the Library and Archives of Canada, the National Gallery of Canada, the Canadian Museum of Civilization, the Canadian Museum of Nature or the National Museum of Science and Technology by or on behalf of persons or organizations other than government institutions. R.S., c. 1 (3rd Supp.), s. 12(5) (Sch., s. 1(3)) 23. Schedule I to the Act is amended by striking out the following under the heading “Other Government Institutions”: National Archives of Canada Archives nationales du Canada National Library Bibliothèque nationale 24. Schedule I to the Act is amended by adding the following in alphabetical order under the heading “Other Government Institutions”: Library and Archives of Canada Bibliothèque et Archives du Canada R.S., c. C-42 Copyright Act 1997, c. 24, s. 18(1) 25. Section 30.5 of the Copyright Act and the heading before it are replaced by the following: Library and Archives of Canada Permitted acts 30.5 It is not an infringement of copyright for the Librarian and Archivist of Canada under the Library and Archives of Canada Act, to Bibliothèque et Ar (a) make a copy of a work or other subjectmatter in taking a representative sample for the purpose of preservation under subsection 8(2) of that Act; (b) effect the fixation of a copy of a publication, as defined in section 2 of that Act, that is provided by telecommunication in accordance with subsection 10(1) of that Act; (c) make a copy of a recording, as defined in subsection 11(2) of that Act, for the purposes of section 11 of that Act; or (d) at the time that a broadcasting undertaking, as defined in subsection 2(1) of the Broadcasting Act, communicates a work or other subject-matter to the public by telecommunication, make a copy of the work or other subject-matter that is included in that communication. 1997, c. 24, s. 18(1) 26. Subsection 30.8(7) of the Act is replaced by the following: Definition of “official archive” (7) In subsection (6), “official archive” means the Library and Archives of Canada or any archive established under the law of a province for the preservation of the official archives of the province. R.S., c. V-1; 2000, c. 34, par. 94(d)(F) 2000, c. 34, s. 16 Department of Veterans Affairs Act 27. Paragraph 6.6(d) of the Department of Veterans Affairs Act is replaced by the following: (d) personal information collected or obtained by the Library and Archives of Canada in the administration of the Library and Archives of Canada Act, or any predecessor enactment relating to the same subject-matter. R.S., c. E-15 Excise Tax Act 1993, c. 27, s. 128(3) 28. Paragraph 295(5)(h) of the Excise Tax Act is replaced by the following: (h) provide access to records of confidential information to the Librarian and Archivist of Canada or a person acting on behalf of or under the direction of the Librarian and Archivist, solely for the purposes of section 12 of the Library and Archives of Canada C. 11 Library and Arch Act, and transfer such records to the care and control of such persons solely for the purposes of section 13 of that Act; R.S., c. F-11 1995, c. 11, s. 46 Financial Administration Act 29. Schedule I.1 to the Financial Administration Act is amended by striking out the references in column I to National Archives of Canada Archives nationales du Canada National Library Bibliothèque nationale and the corresponding references in column II to the “Minister of Canadian Heritage”. 30. Schedule I.1 to the Act is amended by adding the following in alphabetical order in column I: Library and Archives of Canada Bibliothèque et Archives du Canada and a corresponding reference in column II to the “Minister of Canadian Heritage”. R.S., c. H-4 Historic Sites and Monuments Act R.S., c. 1 (3rd Supp.), s. 12(5) (Sch., s. 2) 31. Paragraph 4(1)(a) of the Historic Sites and Monuments Act is replaced by the following: (a) the Librarian and Archivist of Canada; R.S., c. 1 (5th Supp.) Income Tax Act 32. Paragraph 241(4)(i) of the Income Tax Act is replaced by the following: (i) provide access to records of taxpayer information to the Librarian and Archivist of Canada or a person acting on behalf of or under the direction of the Librarian and Archivist, solely for the purposes of section 12 of the Library and Archives of Canada Act, and transfer such records to the care and control of such persons solely for the purposes of section 13 of that Act; 2004 2003, c. 14 Bibliothèque et Ar Injured Military Members Compensation Act 33. Paragraph 13(c) of the Injured Military Members Compensation Act is replaced by the following: (c) personal information collected or obtained by the Library and Archives of Canada in the administration of the Library and Archives of Canda Act, or any predecessor enactment relating to the same subject-matter. 1993, c. 29 Nunavut Land Claims Agreement Act 34. Paragraph 7(a) of the Nunavut Land Claims Agreement Act is replaced by the following: (a) the Library and Archives of Canada; R.S., c. P-1 Parliament of Canada Act 2001, c. 36, s. 1 35. Subsection 75.1(2) of the Parliament of Canada Act is replaced by the following: Selection (2) The Speaker of the Senate and the Speaker of the House of Commons, acting together, shall select the Parliamentary Poet Laureate from a list of three names submitted in confidence by a committee chaired by the Parliamentary Librarian and also composed of the Librarian and Archivist of Canada, the Commissioner of Official Languages for Canada and the Chair of the Canada Council. R.S., c. P-6 2000, c. 34, s. 41 Pension Act 36. Paragraph 109.1(d) of the Pension Act is replaced by the following: (d) personal information collected or obtained by the Library and Archives of Canada in the administration of the Library and Archives of Canada Act, or any predecessor enactment relating to the same subject-matter. R.S., c. P-21 Privacy Act R.S., c. 1 (3rd Supp.), s. 12(5) (Sch., s. 4(1)) 37. (1) Paragraph 8(2)(i) of the Privacy Act is replaced by the following: (i) to the Library and Archives of Canada for archival purposes; C. 11 R.S., c. 1 (3rd Supp.), s. 12(5) (Sch., s. 4(2)) (2) Subsection 8(3) of the Act is replaced by the following: Personal information disclosed by Library and Archives of Canada (3) Subject to any other Act of Parliament, personal information under the custody or control of the Library and Archives of Canada that has been transferred there by a government institution for historical or archival purposes may be disclosed in accordance with the regulations to any person or body for research or statistical purposes. R.S., c. 1 (3rd Supp.), s. 12(5) (Sch., s. 4(3)) 38. Subsection 10(2) of the Act is replaced by the following: Exception for Library and Archives of Canada (2) Subsection (1) does not apply in respect of personal information under the custody or control of the Library and Archives of Canada that has been transferred there by a government institution for historical or archival purposes. 1990, c. 3, s. 32 (Sch., s. 6(1)) 39. Paragraph 69(1)(b) of the Act is replaced by the following: (b) material placed in the Library and Archives of Canada, the National Gallery of Canada, the Canadian Museum of Civilization, the Canadian Museum of Nature or the National Museum of Science and Technology by or on behalf of persons or organizations other than government institutions. R.S., c. 1 (3rd Supp.), s. 12(5) (Sch., s. 4(6)) 40. The schedule to the Act is amended by striking out the following under the heading “Other Government Institutions”: National Archives of Canada Library and Arch Archives nationales du Canada National Library Bibliothèque nationale 41. The schedule to the Act is amended by adding the following in alphabetical order under the heading “Other Government Institutions”: Library and Archives of Canada Bibliothèque et Archives du Canada Bibliothèque et Ar 2000, c. 17; 2001, c. 41, s. 48 Proceeds of Crime (Money Laundering) and Terrorist Financing Act 2001, c. 12, s. 1 42. Paragraph 54(e) of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act is replaced by the following: (e) notwithstanding the Library and Archives of Canada Act, shall destroy each report received and all information received or collected on the expiry of the applicable period referred to in paragraph (d). 1991, c. 30 Public Sector Compensation Act 43. Schedule I to the Public Sector Compensation Act is amended by striking out the following under the heading “Other Portions of the Public Service”: National Archives of Canada Archives nationales du Canada National Library Bibliothèque nationale 44. Schedule I to the Act is amended by adding the following in alphabetical order under the heading “Other Portions of the Public Service”: Library and Archives of Canada Bibliothèque et Archives du Canada R.S., c. P-35 Public Service Staff Relations Act SOR/87-297 45. Part I of Schedule I to the Public Service Staff Relations Act is amended by striking out the following: National Archives of Canada Archives nationales du Canada National Library Bibliothèque nationale 46. Part I of Schedule I to the Act is amended by adding the following in alphabetical order: Library and Archives of Canada Bibliothèque et Archives du Canada 16 R.S., c. W-3 2000, c. 34, s. 84 C. 11 Library and Arch War Veterans Allowance Act 47. Paragraph 30(1.1)(c) of the War Veterans Allowance Act is replaced by the following: (c) personal information collected or obtained by the Library and Archives of Canada in the administration of the Library and Archives of Canada Act, or any predecessor enactment relating to the same subject-matter. 2002, c. 1 Youth Criminal Justice Act 48. The portion of section 126 of the Youth Criminal Justice Act before paragraph (a) is replaced by the following: Records in the custody, etc., of archivists 126. When records originally kept under sections 114 to 116 are under the custody or control of the Librarian and Archivist of Canada or the archivist for any province, that person may disclose any information contained in the records to any other person if 49. (1) Subsections 128(2) and (3) of the Act are replaced by the following: Disposal of records (2) Subject to paragraph 125(7)(c), any record kept under sections 114 to 116, other than a record kept under subsection 115(3), may, in the discretion of the person or body keeping the record, be destroyed or transmitted to the Librarian and Archivist of Canada or the archivist for any province, at any time before or after the end of the applicable period set out in section 119. Disposal of R.C. M.P. records (3) All records kept under subsection 115(3) shall be destroyed or, if the Librarian and Archivist of Canada requires it, transmitted to the Librarian and Archivist, at the end of the applicable period set out in section 119 or 120. (2) Subsection 128(6) of the Act is replaced by the following: Authority to inspect (6) The Librarian and Archivist of Canada may, at any time, inspect records kept under sections 114 to 116 that are under the control of a government institution as defined in section 2 Bibliothèque et Ar of the Library and Archives of Canada Act, and the archivist for a province may at any time inspect any records kept under those sections that the archivist is authorized to inspect under any Act of the legislature of the province. 1994, c. 34 Yukon First Nations Land Claims Settlement Act 50. Paragraph 15(a) of the Yukon First Nations Land Claims Settlement Act is replaced by the following: (a) the Library and Archives of Canada; 1994, c. 35 Yukon First Nations Self-Government Act 51. Paragraph 25(a) of the Yukon First Nations Self-Government Act is replaced by the following: (a) the Library and Archives of Canada; TRANSITIONAL PROVISIONS No continuation in office 52. (1) The persons who were the National Archivist of Canada and the National Librarian immediately before the coming into force of section 55 cease to hold those offices on the coming into force of subsection 5(1). Transfer of existing holdings (2) The records and publications that constituted the collections of the National Archives of Canada and the National Library immediately before the coming into force of section 55 are transferred to the Librarian and Archivist subject to any terms and conditions that were applicable to those records and publications. Continuation of personnel (3) Every person who was, immediately before the coming into force of section 55, an employee employed in the National Archives of Canada or the National Library is an employee of the Library and Archives of Canada. Transfer of funds (4) All amounts that were in the accounts of Canada called the National Archives of Canada Account and the National Library Special Operating Account immediately before the coming into force of section 55 are transferred to the Library and Archives of Canada Account. C. 11 References (5) Unless the context requires otherwise, “National Archives of Canada” and “National Library” are replaced by “Library and Archives of Canada” in Library and Arch (a) any regulation, as defined in section 2 of the Statutory Instruments Act; and (b) any other instrument made (i) in the execution of a power conferred by or under an Act of Parliament, or (ii) by or under the authority of the Governor in Council. References (6) Unless the context requires otherwise, “National Archivist of Canada” and “National Librarian” are replaced by “Librarian and Archivist of Canada” in (a) any regulation, as defined in section 2 of the Statutory Instruments Act; and (b) any other instrument made (i) in the execution of a power conferred by or under an Act of Parliament, or (ii) by or under the authority of the Governor in Council. References (7) Unless the context requires otherwise, a reference in any contract or other document to (a) the “National Archives of Canada” or the “National Library” shall be read as a reference to the “Library and Archives of Canada”; and (b) the “National Archivist of Canada” or the “National Librarian” shall be read as a reference to the “Librarian and Archivist of Canada”. COORDINATING AMENDMENTS Bill C-6 53. If Bill C-6, introduced in the 3rd session of the 37th Parliament and entitled the Assisted Human Reproduction Act (the Bibliothèque et Ar “other Act”), receives royal assent, then, on the later of the coming into force of section 1 of this Act and section 16 of the other Act, paragraph 16(4)(a) of the other Act is replaced by the following: (a) government institutions subject to the Privacy Act or the Library and Archives of Canada Act; or Bill C-25 54. (1) Subsections (2) to (5) apply if Bill C-25, introduced in the 2nd session of the 37th Parliament and entitled the Public Service Modernization Act (the “other Act”), receives royal assent. (2) On the later of the coming into force of section 1 of this Act and subsection 2(1) of the Public Service Labour Relations Act, as enacted by section 2 of the other Act, section 4 of the English version of this Act is replaced by the following: Establishment 4. There is hereby established a branch of the federal public administration to be known as the Library and Archives of Canada presided over by the Minister and under the direction of the Librarian and Archivist. (3) On the later of the coming into force of section 4 of this Act and section 11 of the other Act, Schedule IV to the Financial Administration Act, as enacted by section 11 of the other Act, is amended (a) by striking out the following: National Archives of Canada Archives nationales du Canada National Library Bibliothèque nationale (b) by adding the following in alphabetical order: Library and Archives of Canada Bibliothèque et Archives du Canada C. 11 Library and Arch (4) If section 55 of this Act comes into force before, or on the same day as, section 224 of the other Act, then, on the coming into force of section 55 of this Act, paragraph 224(z.52) of the other Act is repealed. (5) If the repeal of Part I of Schedule I to the Public Service Staff Relations Act takes effect by virtue of an order made under section 285 of the other Act before the coming into force of section 45 of this Act, then, on the day on which that Part I is repealed, section 45 of this Act is repealed. REPEALS Repeal Repeal of R.S., c. N-12 55. The National Archives of Canada Act, chapter 1 of the 3rd Supplement to the Revised Statutes of Canada, 1985, is repealed. 56. The National Library Act is repealed. COMING INTO FORCE Order 57. The provisions of this Act, other than sections 21, 53 and 54, come into force on a day or days to be fixed by order of the Governor in Council. Published under authority of the Speaker of the House of Commons Available from: Communications Canada — Canadian Government Publishing Ottawa, Canada K1A 0S9 Available from: Communication Canada — Canadian Government Publishing, Ottawa, Ontario K1A 0S9

Third Session, Thirty-seventh Parliament, 52-53 Elizabeth II, 2004 STATUTES OF CANADA 2004 CHAPTER 10 An Act respecting the registration of information relating to sex offenders, to amend the Criminal Code and to make consequential amendments to other Acts BILL C-16 ASSENTED TO 1st APRIL, 2004 SUMMARY The enactment requires that certain information about sex offenders be registered in a national database. This database is part of the automated criminal conviction records retrieval system maintained by the Royal Canadian Mounted Police. It is intended to serve as a tool that will help police investigate crimes of a sexual nature by providing them with access to current and reliable information relating to sex offenders. The enactment amends the Criminal Code to enable the Crown to apply for an order to require an offender who is convicted of, or found not criminally responsible on account of a mental disorder for, certain offences to report regularly to a designated registration centre and provide information. It creates a new Criminal Code offence for failure to comply with the order, as well as an offence for providing false or misleading information. The enactment regulates access to, and the use and disclosure of, the information contained in the database and includes an offence for contravention of those provisions. ��� ������������� ������������ ��� ��������� �� ��� ������������� �������� ������������� �� ��� ��������� �������� ��������������������� TABLE OF PROVISIONS AN ACT RESPECTING THE REGISTRATION OF INFORMATION RELATING TO SEX OFFENDERS, TO AMEND THE CRIMINAL CODE AND TO MAKE CONSEQUENTIAL AMENDMENTS TO OTHER ACTS SHORT TITLE 1. Short title 2. Purpose PURPOSE AND PRINCIPLES INTERPRETATION 3. Definitions OBLIGATIONS OF SEX OFFENDERS 4. First obligation to report 4.1 Subsequent obligation to report 4.2 Obligation and order 4.3 Compliance if temporarily outside Canada 5. Obligation to provide information 6. Notice about absence 7. Young sex offender RESPONSIBILITIES OF PERSONS WHO COLLECT AND REGISTER INFORMATION 8. Registration of information 9. Information to be given to sex offender 10. Registration of information 11. Copy of information 12. Request for correction of information 13. Authorization for research 14. Maintenance of database 15. Retention of information MANAGEMENT OF INFORMATION PROHIBITIONS 16. Unauthorized persons OFFENCES 17. Offence AUTHORIZATIONS, DESIGNATIONS AND REGULATIONS 18. Regulations �� 19. Regulations RELATED AMENDMENTS TO THE CRIMINAL CODE 20-21. Criminal Code REVIEW AND REPORT 21.1 Review by committee 22. Access to Information Act 23. Criminal Records Act CONSEQUENTIAL AMENDMENTS COORDINATING PROVISION 24. Bill C-20 COMING INTO FORCE 25. Coming into force 52-53 ELIZABETH II CHAPTER 10 An Act respecting the registration of information relating to sex offenders, to amend the Criminal Code and to make consequential amendments to other Acts [Assented to 1st april, 2004] Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: SHORT TITLE Short title 1. This Act may be cited as the Sex Offender Information Registration Act. Purpose 2. (1) The purpose of this Act is to help police services investigate crimes of a sexual nature by requiring the registration of certain information relating to sex offenders. Principles (2) This Act shall be carried out in recognition of, and in accordance with, the following principles: PURPOSE AND PRINCIPLES (a) in the interest of protecting society through the effective investigation of crimes of a sexual nature, police services must have rapid access to certain information relating to sex offenders; (b) the collection and registration of accurate information on an ongoing basis is the most effective way of ensuring that such information is current and reliable; and (c) the privacy interests of sex offenders and the public interest in their rehabilitation and reintegration into the community as lawabiding citizens require that (i) the information be collected only to enable police services to investigate crimes that there are reasonable grounds to suspect are of a sexual nature, and � C. 10 Sex Offender Inform (ii) access to the information, and use and disclosure of it, be restricted. INTERPRETATION Definitions 3. (1) The following definitions apply in this Act. ‘‘database’’ « banque de données » ‘‘database’’ means the database that contains the information that is registered under this Act. ‘‘information’’ « renseignements » ‘‘information’’ includes characteristics recorded and photographs taken under subsection 5(3) and fingerprints taken under subsection 9(2). ‘‘main residence’’ « résidence principale » ‘‘main residence’’ means the place in Canada where a person lives most often or, if there is no such place, the place in Canada where they may be found most often. ‘‘member of a police service’’ « membre d’un service de police » ‘‘member of a police service’’ includes (a) an officer or non-commissioned member of the Canadian Forces who is appointed for the purposes of section 156 of the National Defence Act; and (b) in an area in which an aboriginal police service is responsible for policing, a member of that police service. ‘‘Ontario Act’’ « loi ontarienne » ‘‘Ontario Act’’ has the same meaning as in subsection 490.011(1) of the Criminal Code. ‘‘order’’ « ordonnance » ‘‘order’’ means an order under section 490.012 of the Criminal Code. ‘‘person who collects information’’ « préposé à la collecte » ‘‘person who collects information’’ means a person who is authorized under paragraph 18(1)(b) or subsection 19(1) to collect information. ‘‘person who registers information’’ « préposé à l’enregistrement » ‘‘person who registers information’’ means a person who is authorized under paragraph 18(1)(c) or subsection 19(1) to register information. ‘‘registration centre’’ « bureau d’inscription » ‘‘registration centre’’ means a place that is designated as a registration centre under paragraph 18(1)(d) or subsection 19(1). Enregistrement de renseignemen ‘‘retained’’ « agent contractuel » ‘‘retained’’ means retained under a contract for services, whether the contract is entered into with an individual, or with their employer or another person to whom the individual provides services. ‘‘secondary residence’’ « résidence secondaire » ‘‘secondary residence ’’ means a place in Canada, other than a main residence , where a person regularly lives. ‘‘sex offender’’ « délinquant sexuel » ‘‘sex offender’’ means a person who is subject to one or more orders or to an obligation under section 490.019 of the Criminal Code. Interpretation (2) For the purposes of this Act, a crime is of a sexual nature if it consists of one or more acts that (a) are either sexual in nature or committed with the intent to commit an act or acts that are sexual in nature; and (b) constitute an offence. OBLIGATIONS OF SEX OFFENDERS First obligation to report 4. (1) A sex offender shall report, for the first time under this Act , in person to the registration centre that serves the area in which their main residence is located. Reporting date (2) A person who is subject to an order shall report within 15 days after (a) the order is made, if they are convicted of the offence in connection with which the order is made but are not given a custodial sentence; (b) they receive an absolute or conditional discharge under Part XX.1 of the Criminal Code, if they are found not criminally responsible on account of mental disorder for the offence in connection with which the order is made; (c) they are released from custody pending the determination of an appeal relating to the offence in connection with which the order is made; or � C. 10 Sex Offender Inform (d) they are released from custody after serving the custodial portion of a sentence for the offence in connection with which the order is made. Reporting date (3) A person who is subject to an obligation under section 490.019 of the Criminal Code shall report, (a) if they are not in custody on the day on which they become subject to the obligation, within 15 days after that day; or (b) in any other case, within 15 days after (i) they receive an absolute or conditional discharge under Part XX.1 of the Criminal Code, (ii) they are released from custody pending the determination of an appeal, or (iii) they are released from custody after serving the custodial portion of a sentence. Compliance before leaving Canada (4) A sex offender shall not leave Canada before they report under this section. Subsequent obligation to report 4.1 A sex offender shall subsequently report to the registration centre that serves the area in which their main residence is located in person or in accordance with regulations made under paragraph 18(1)(a) or subsection 19(1), (a) within 15 days after they change their main residence or any secondary residence; (b) within 15 days after they change their given name or surname; and (c) at any time between 11 months and one year after they last reported to a registration centre under this Act. Obligation and order 4.2 (1) If a person who is subject to an obligation under section 490.019 of the Criminal Code becomes subject to an order, they shall report on the reporting dates established under the order only. More than one order (2) A person who is subject to more than one order shall report on the reporting dates established under the most recent order only. Enregistrement de renseignemen Compliance if temporarily outside Canada 4.3 A sex offender who is outside Canada when they are required to report under section 4.1 shall report not later than 15 days after they return to Canada. Obligation to provide information 5. (1) When a sex offender reports to a registration centre, they shall provide the following information to a person who collects information at the registration centre: (a) their given name and surname, and every alias that they use; (b) their date of birth and gender; (c) the address of their main residence and every secondary residence or, if there is no such address, the location of that place; (d) the address of every place at which they are employed or retained, or are engaged on a volunteer basis or, if there is no such address, the location of that place; (e) the address of every educational institution at which they are enrolled or, if there is no such address, the location of that place; (f) a telephone number at which they may be reached, if any, for every place referred to in paragraphs (c) and (d), and the number of every mobile telephone or pager in their possession; and (g) their height and weight and a description of every physical distinguishing mark that they have. Additional information (2) When a sex offender provides the information referred to in subsection (1), the person who collects the information may ask them when and where they were convicted of, or found not criminally responsible on account of mental disorder for, an offence in connection with which an order was made or, if they are subject to an obligation under section 490.019 of the Criminal Code, a designated offence within the meaning of subsection 490.011(1) of that Act. Additional information (3) When a sex offender reports to a registration centre in person, the person who collects the information referred to in subsection (1) may record any observable characteristic that may assist in identification of the sex offender, including their eye colour and hair � C. 10 Sex Offender Inform colour, and may require that their photograph be taken. Notice about absence 6. (1) A sex offender shall notify a person who collects information at the registration centre that serves the area in which their main residence is located (a) of every address or location at which they stay or intend to stay, and of their actual or estimated dates of departure from, and return to, their main residence or a secondary residence, not later than 15 days after departure if they are in Canada but are absent from their main residence and every secondary residence for a period of at least 15 consecutive days; (b) of their actual or estimated date of departure from their main residence or a secondary residence, not later than 15 days after departure if they are outside Canada for a period of at least 15 consecutive days; and (c) of their actual return to their main residence or a secondary residence after a departure referred to in paragraph (a) or (b), not later than 15 days after they return, unless they are required to report under section 4.1 or 4.3 within that period. Means of notification (2) Notification shall be by registered mail or in accordance with regulations made under paragraph 18(1)(a) or subsection 19(1), but a sex offender may not be required to provide notification in person. Young sex offender 7. A sex offender who is under 18 years of age has the right to have an appropriate adult chosen by them in attendance when they report to a registration centre and when information is collected. RESPONSIBILITIES OF PERSONS WHO COLLECT AND REGISTER INFORMATION Registration of information 8. (1) When a police service receives a copy of an order sent in accordance with subparagraph 490.018 (1)(d)(iii) of the Criminal Code, a person who registers information for the police service shall (a) register without delay in the database only the name of the police service and the Enregistrement de renseignemen following information relating to the person who is subject to the order : (i) their given name and surname, (ii) the number that identifies a record of fingerprints collected from them under the Identification of Criminals Act, if such a record exists, (iii) every offence to which the order relates, (iv) when and where the offence or offences were committed, (v) when and where the person was convicted of, or found not criminally responsible on account of mental disorder for, the offence or offences, (vi) the age and gender of every victim of the offence or offences, and the victim’s relationship to the person, (vii) the date and duration of the order, and (viii) the court that made the order; and (b) ensure that the registration of the information is done in a manner and in circumstances that ensure its confidentiality. Registration of information (2) When the Attorney General of a province or minister of justice of a territory receives a copy of an affidavit of service and notice sent in accordance with subsection 490.021(6) of the Criminal Code, the Attorney General or minister of justice shall (a) register without delay in the database only the following information relating to the person who was served with the notice: (i) their given name and surname, (ii) the number that identifies a record of fingerprints collected from them under the Identification of Criminals Act, if such a record exists, (iii) the date on which the notice was served, (iv) every offence referred to in the notice, � C. 10 Sex Offender Inform (v) when and where the offence or offences were committed, (vi) when and where the person was convicted of, or found not criminally responsible on account of mental disorder for, the offence or offences, (vii) the age and gender of every victim of the offence or offences, and the victim’s relationship to the person, (viii) the expected duration of the person’s obligation under section 490.019 of the Criminal Code, and (ix) in the case of a person referred to in paragraph 490.02(1)(b) of the Criminal Code, the date, if any, on which the person last reported under the Ontario Act and the duration of their obligation to comply with section 3 of that Act; (b) ensure that the registration of the information is done in a manner and in circumstances that ensure its confidentiality; and (c) send the person a copy of all of the information relating to them that is registered in the database, by registered mail, free of charge and without delay. Information to be given to sex offender 9. (1) When a sex offender reports to a registration centre and provides satisfactory proof of their identity to a person who collects information, that person shall immediately inform them of (a) the nature of their obligations under sections 4 to 6 and of the information that may be collected under sections 5 and 6; and (b) the purpose for which the information is being collected. Fingerprints (2) If a person who collects information has reasonable grounds to suspect that a person who is reporting to the registration centre as a sex offender under this Act is not the sex offender and no other proof of identity is satisfactory in the circumstances, they may take fingerprints from the person in order to confirm their identity. Enregistrement de renseignemen Destruction of fingerprints (3) Despite any other Act of Parliament, if the fingerprints provided under subsection (2) confirm that the person who is reporting is the sex offender, they shall not be disclosed, or used for any other purpose, and shall be destroyed without delay. Privacy and confidentiality (4) The person who collects information shall ensure that (a) the sex offender’s privacy is respected in a manner that is reasonable in the circumstances; and (b) the information is provided and collected in a manner and in circumstances that ensure its confidentiality. Registration of information 10. A person who registers information collected at a registration centre (a) shall, subject to paragraph (b) and any regulations made under paragraph 19(3)(c) , register without delay, in the database, only the information collected under sections 5 and 6; (b) may register at any time, in the database, the number that identifies a record of fingerprints collected from a sex offender under the Identification of Criminals Act, if such a record exists; and (c) shall ensure that the registration of the information is done in a manner and in circumstances that ensure its confidentiality. Copy of information 11. A person who collects information at a registration centre shall, free of charge, (a) either give a copy of the information collected under section 5, dated and signed by the person who collected it , to the sex offender when they report to the registration centre in person and provide information under this Act , or send it to the sex offender by mail or another means agreed to by the sex offender, without delay after it is collected, if they report in accordance with regulations made under paragraph 18(1)(a) or subsection 19(1) ; (b) send the sex offender a copy of the information collected under section 6, �� C. 10 Sex Offender Inform dated and signed by the person who collected it , by mail or another means agreed to by the sex offender, without delay after it is collected; (c) send the sex offender a copy of all of the information relating to them that is registered in the database, by mail or another means agreed to by the sex offender, without delay once the information referred to in paragraph (a) is registered; and (d) at the request of the sex offender, send them a copy of all of the information relating to them that is registered in the database, by mail or another means agreed to by the sex offender, without delay once the information referred to in paragraph (b) is registered. Request for correction of information 12. (1) A sex offender or a person served with a notice under section 490.021 of the Criminal Code may, at any time, ask a person who collects information at the registration centre that serves the area in which their main residence is located to correct any information relating to them that is registered in the database that they believe contains an error or omission. Correction or notation (2) The person who collects information shall, without delay, ensure that (a) information in the database is corrected if they are satisfied that the information contains an error or omission; or (b) a notation is attached to the information in the database that reflects any correction that is requested but not made. MANAGEMENT OF INFORMATION Authorization for research 13. The Commissioner of the Royal Canadian Mounted Police may authorize a person to consult information that is registered in the database for research or statistical purposes if the Commissioner (a) is satisfied that those purposes cannot reasonably be accomplished without consulting that information; and (b) obtains from the person a written undertaking that no subsequent disclosure of that information will be made, or be Enregistrement de renseignemen allowed to be made, in a form that could reasonably be expected to identify any individual to whom it relates. Maintenance of database 14. The database is to be maintained by the Royal Canadian Mounted Police. Retention of information 15. (1) Subject to subsections (2) and (3) and regulations made under paragraphs 19(3)(b) and (d), information that is registered in the database in accordance with this Act shall be kept in the database indefinitely. Permanent removal and destruction of information (2) Despite any other Act of Parliament , if a person who is subject to an order is finally acquitted of every offence in connection with which the order was made, or receives a free pardon granted under Her Majesty’s royal prerogative of mercy or section 748 of the Criminal Code for every such offence, all information that is collected under this Act or registered in the database in connection with that order shall be destroyed, or permanently removed from the database, in accordance with regulations made under paragraph 19(3)(d). Permanent removal and destruction of information (3) Despite any other Act of Parliament, all information that is collected under this Act, or registered in the database, in connection with an obligation under section 490.019 of the Criminal Code shall be destroyed, or permanently removed from the database, in accordance with regulations made under paragraph 19(3)(d) and with any court order made under subsection 490.023(4) or 490.024(2) of that Act, if the person who is subject to the obligation (a) is finally acquitted of every offence to which the obligation relates or receives a free pardon granted under Her Majesty’s royal prerogative of mercy or section 748 of that Act for every such offence; or (b) is granted an exemption order under subsection 490.023(2) of that Act or on an appeal from a decision made under that subsection. �� C. 10 Sex Offender Inform PROHIBITIONS Unauthorized persons 16. (1) No person shall exercise any function or perform any duty under this Act that they are not authorized under this Act to exercise or perform. Unauthorized consultation (2) No person shall consult any information that is collected under this Act or registered in the database, unless they are (a) a member or employee of, or a person retained by, a police service who consults the information for the purpose of investigating a specific crime that there are reasonable grounds to suspect is of a sexual nature; (b) a person who collects information at the registration centre at which a sex offender last reported who consults the information in order to ensure compliance by the sex offender with an order or orders or with section 490.019 of the Criminal Code; (c) a person who collects or registers information and who consults the information in order to exercise the functions or perform the duties assigned to them under this Act; (d) a person who is authorized under section 13 to consult information that is registered in the database for research or statistical purposes and who does so for those purposes; (e) the Commissioner of the Royal Canadian Mounted Police or a person authorized by the Commissioner who consults information that is collected under this Act or registered in the database in order to perform the duties of the Commissioner under this Act ; or (f) a member or employee of, or a person retained by, the Royal Canadian Mounted Police who is authorized to consult the information in order to maintain the database and who does so for that purpose. Limited data matching (3) No person shall match any information that is collected under this Act or registered in the database with any other data unless Enregistrement de renseignemen (a) the person is a member or employee of, or a person retained by, a police service who matches the data for the purpose of investigating a specific crime that there are reasonable grounds to suspect is of a sexual nature, and the resulting matched data is used for the purpose of that investigation only; or (b) the person is authorized under section 13 to consult information that is registered in the database, and the resulting matched data is made anonymous. Unauthorized disclosure (4) No person shall disclose any information that is collected under this Act or registered in the database or the fact that information relating to a person is collected under this Act or registered in the database, or allow it to be disclosed, (a) except to the sex offender, or the person who was served with a notice under section 490.019 of the Criminal Code, to whom the information relates; (b) except to a person referred to in any of paragraphs (2)(a) to (f), if the disclosure to them is necessary to enable them to fulfil the purposes, perform the duties or exercise the functions referred to in that paragraph; (c) except to a member or employee of, or a person retained by, a police service, if the disclosure to them is necessary to ensure compliance by a sex offender with an order or orders or with section 490.019 of the Criminal Code; (d) except to a person or court referred to in any of paragraphs 490.03(1)(a) to (c) and (2)(a) to (c) of the Criminal Code, in accordance with that paragraph; (e) except to a person to whom the disclosure is necessary for a prosecution for an offence under section 17 or under section 490.031 of the Criminal Code or an appeal from a decision made in such a proceeding, and to a court in connection with the prosecution or appeal, if the information is relevant to that proceeding; (f) except to a person to whom the disclosure is necessary to assist an investigation �� C. 10 Sex Offender Inform of any act or omission referred to in subsection 7(4.1) of the Criminal Code by a police service in the state where the act or omission was committed; or (g) unless the person is authorized under section 13 to consult information that is registered in the database, the information is disclosed for research or statistical purposes, and the disclosure is not made, or allowed to be made, in a form that could reasonably be expected to identify any individual to whom it relates. Unauthorized use (5) No person shall use any information that is collected under this Act or registered in the database, or allow it to be used, for a purpose other than those referred to in paragraphs (2)(a) to (f) and (4)(c) to (g) . OFFENCES Offence 17. (1) Every person who knowingly provides false or misleading information under subsection 5(1) or 6(1) is guilty of an offence and liable (a) in the case of a first offence, on summary conviction, to a fine of not more than $10,000 or to imprisonment for a term of not more than six months, or to both; and (b) in the case of a second or subsequent offence, (i) on conviction on indictment, to a fine of not more than $10,000 or to imprisonment for a term of not more than two years, or to both, or (ii) on summary conviction, to a fine of not more than $10,000 or to imprisonment for a term of not more than six months, or to both. Offence (2) Every person who knowingly contravenes any of subsections 16(1) to (5) is guilty of an offence and liable on summary conviction to a fine of not more than $10,000 or to imprisonment for a term of not more than six months, or to both. Enregistrement de renseignemen AUTHORIZATIONS, DESIGNATIONS AND REGULATIONS Regulations 18. (1) The lieutenant governor in council of a province may, for the purposes of this Act, make regulations (a) respecting the means by which classes of persons designated by the lieutenant governor in council of the province are required to report under section 4.1 or 4.3 or provide notification under section 6; (b) authorizing persons or classes of persons in the province to collect information; (c) authorizing persons or classes of persons in the province to register information; and (d) designating places or classes of places in the province as registration centres, and the area of the province served by each registration centre. Regulations (2) Subject to subsection (3), the lieutenant governor in council of a province may, by regulation, exercise the power of the Governor in Council with respect to any matter referred to in paragraph 19(3)(a) if the Governor in Council does not make a regulation with respect to that matter that applies in the province. Regulations cease to apply (3) A regulation made with respect to a matter by the lieutenant governor in council of a province under subsection (2) ceases to apply if the Governor in Council makes a regulation with respect to that matter that applies in the province. Regulations 19. (1) Subject to subsection (2), the Governor in Council may, by regulation, exercise any power of the lieutenant governor in council of a province under any of paragraphs 18(1)(a) to (d) if the lieutenant governor in council of the province does not make a regulation under that paragraph. Regulations cease to apply (2) A regulation made by the Governor in Council under subsection (1) in the exercise of a power under any of paragraphs 18(1)(a) to (d) ceases to apply in a province if the lieutenant governor in council of the province makes a regulation under that paragraph. Regulations (3) The Governor in Council may make regulations �� C. 10 Sex Offender Inform (a) respecting the recording, the retention and maintenance, and the protection of information collected under this Act; (b) respecting the retention and maintenance, and the protection of information that is registered in the database; (c) respecting the registration of photographs taken under subsection 5(3); (d) respecting the destruction of information under subsections 9 (3) and 15(2) and (3) and the permanent removal of information from the database; and (e) generally for carrying out the purposes and provisions of this Act. R.S., c. C-46 RELATED AMENDMENTS TO THE CRIMINAL CODE 20. The Criminal Code is amended by adding the following after section 490.01: Sex Offender Information Interpretation Definitions 490.011 (1) The following definitions apply in this section and in sections 490.012 to 490.032. ‘‘crime of a sexual nature’’ « crimes de nature sexuelle » ‘‘crime of a sexual nature’’ means a crime referred to in subsection 3(2) of the Sex Offender Information Registration Act. ‘‘database’’ « banque de données » ‘‘database’’ has the same meaning as in subsection 3(1) of the Sex Offender Information Registration Act. ‘‘designated offence’’ « infraction désignée » ‘‘designated offence’’ means (a) an offence under any of the following provisions: (i) subsection 7(4.1) (offence in relation to sexual offences against children), (ii) section 151 (sexual interference), (iii) section 152 (invitation to sexual touching), (iv) section 153 (sexual exploitation), (v) section 153.1 (sexual exploitation of person with disability), Enregistrement de renseignemen (vi) section 155 (incest), (vii) subsection 160(3) (bestiality in presence of or by a child), (viii) section 163.1 (child pornography), (ix) section 170 (parent or guardian procuring sexual activity), (x) section 172.1 (luring a child by means of a computer system), (xi) subsection 173(2) (exposure), (xii) paragraph 212(1)(i) (stupefying or overpowering for the purpose of sexual intercourse), (xiii) subsection 212(2) (living on the avails of prostitution of a person under age of eighteen), (xiv) subsection 212(2.1) (aggravated offence — living on the avails of prostitution of a person under age of eighteen), (xv) subsection 212(4) (obtaining prostitution of person under age of eighteen), (xvi) section 271 (sexual assault), (xvii) section 272 (sexual assault with a weapon, threats to a third party or causing bodily harm), (xviii) paragraph 273(2)(a) (aggravated sexual assault — use of a firearm), (xix) paragraph 273(2)(b) (aggravated sexual assault), and (xx) subsection 273.3(2) (removal of a child from Canada); (b) an offence under any of the following provisions: (i) subsection 173(1) (indecent acts), (ii) section 177 (trespassing at night), (iii) section 230 (murder in commission of offences), (iv) section 234 (manslaughter), (v) paragraph 246(b) (overcoming resistance to commission of offence), �� C. 10 Sex Offender Inform (vi) section 264 (criminal harassment), (vii) section 279 (kidnapping), (viii) section 280 (abduction of a person under age of sixteen), (ix) section 281 (abduction of a person under age of fourteen), (x) paragraph 348(1)(d) (breaking and entering a dwelling house with intent to commit an indictable offence), (xi) paragraph 348(1)(d) (breaking and entering a dwelling house and committing an indictable offence), (xii) paragraph 348(1)(e) (breaking and entering a place other than a dwelling house with intent to commit an indictable offence), and (xiii) paragraph 348(1)(e) (breaking and entering a place other than a dwelling house and committing an indictable offence); (c) an offence under any of the following provisions of the Criminal Code, chapter C-34 of the Revised Statutes of Canada, 1970, as they read from time to time before January 4, 1983: (i) section 144 (rape), (ii) section 145 (attempt to commit rape), (iii) section 149 (indecent assault on female), (iv) section 156 (indecent assault on male), and (v) subsection 246(1) (assault with intent); (d) an offence under any of the following provisions of the Criminal Code, chapter C-34 of the Revised Statutes of Canada, 1970, as they read from time to time before January 1, 1988: (i) subsection 146(1) (sexual intercourse with a female under age of fourteen), (ii) subsection 146(2) (sexual intercourse with a female between ages of fourteen and sixteen), Enregistrement de renseignemen (iii) section 153 (sexual intercourse with step-daughter), (iv) section 157 (gross indecency), (v) section 166 (parent or guardian procuring defilement), and (vi) section 167 (householder permitting defilement); (e) an attempt or conspiracy to commit an offence referred to in any of paragraphs (a), (c) and (d); or (f) an attempt or conspiracy to commit an offence referred to in paragraph (b). ‘‘Ontario Act’’ « loi ontarienne » ‘‘Ontario Act’’ means Christopher’s Law (Sex Offender Registry), 2000, S.O. 2000, c. 1. ‘‘pardon’’ « réhabilitation » ‘‘pardon’’ means a pardon granted by any authority under law, other than a free pardon granted under Her Majesty’s royal prerogative of mercy or under section 748, that has not ceased to have effect or been revoked. ‘‘registration centre’’ « bureau d’inscription » ‘‘registration centre’’ has the same meaning as in subsection 3(1) of the Sex Offender Information Registration Act. ‘‘Review Board’’ « commission d’examen » ‘‘Review Board’’ means the Review Board established or designated for a province under subsection 672.38(1). ‘‘verdict of not criminally responsible on account of mental disorder’’ « verdict de non-responsabilité » ‘‘verdict of not criminally responsible on account of mental disorder’’ has the same meaning as in section 672.1. �� Interpretation C. 10 Sex Offender Inform (2) For the purpose of this section and sections 490.012 to 490.032 , a person who is convicted of, or found not criminally responsible on account of mental disorder for, a designated offence does not include a young person (a) within the meaning of subsection 2(1) of the Youth Criminal Justice Act unless they are given an adult sentence within the meaning of that subsection for the offence; or (b) within the meaning of subsection 2(1) of the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, unless they are convicted of the offence in ordinary court within the meaning of that subsection. Order to Comply with Registration Requirements Order 490.012 (1) A court shall, on application of the prosecutor, make an order in Form 52 requiring a person to comply with the Sex Offender Information Registration Act for the applicable period specified in subsection 490.013(2), (3) or (4) as soon as possible after it imposes a sentence on the person for an offence referred to in paragraph (a), (c), (d) or (e) of the definition ‘‘designated offence’’ in subsection 490.011(1), or renders a verdict of not criminally responsible on account of mental disorder for such an offence. Order (2) A court shall, on application of the prosecutor, make an order in Form 52 requiring a person to comply with the Sex Offender Information Registration Act for the applicable period specified in subsection 490.013 (2), (3) or (4) as soon as possible after it imposes a sentence on the person for an offence referred to in paragraph (b) or (f) of the Enregistrement de renseignemen definition ‘‘designated offence’’ in subsection 490.011 (1), if the prosecutor establishes beyond a reasonable doubt that the person committed the offence with the intent to commit an offence referred to in paragraph (a), (c), (d) or (e) of that definition. Order (3) A court shall, on application of the prosecutor, make an order in Form 52 requiring a person in respect of whom an order may be made under subsection (1) or (2) to comply with the Sex Offender Information Registration Act for the applicable period specified in subsection 490.013 (5), as soon as possible after it imposes a sentence on the person for a designated offence or renders a verdict of not criminally responsible on account of mental disorder for such an offence, if the prosecutor establishes that (a) the person was, before or after the coming into force of that Act , previously convicted of, or found not criminally responsible on account of mental disorder for, an offence referred to in paragraph (a), (c), (d) or (e) of the definition ‘‘designated offence’’ in subsection 490.011(1); (b) the person is not, and was not at any time, subject to an obligation under section 490.019; and (c) no order was made under subsection (1) in connection with the previous offence. Exception (4) The court is not required to make an order under this section if it is satisfied that the person has established that, if the order were made, the impact on them, including on their privacy or liberty, would be grossly disproportionate to the public interest in protecting society through the effective investigation of crimes of a sexual nature, to be achieved by the registration of information relating to sex offenders under the Sex Offender Information Registration Act. Reasons for decision (5) The court shall give reasons for its decision. Date order begins 490.013 (1) An order made under section 490.012 begins on the day on which it is made. �� Duration of order C. 10 Sex Offender Inform (2) An order made under subsection 490.012(1) or (2) (a) ends 10 years after it was made if the offence in connection with which it was made was prosecuted summarily or is an offence for which the maximum term of imprisonment is two or five years; (b) ends 20 years after it was made if the offence in connection with which it was made is one for which the maximum term of imprisonment is 10 or 14 years; and (c) applies to the person for life if the offence in connection with which it was made is one for which the maximum term of imprisonment is life. Duration of order (3) An order made under subsection 490.012(1) or (2) applies to a person for life if they are, or were at any time, subject to an obligation under section 490.019. Duration of order (4) An order made under subsection 490.012(1) or (2) applies to a person for life if they are, or were at any time, subject to an order made previously under either of those subsections. Duration of order (5) An order made under subsection 490.012(3) applies to a person for life. Appeal 490.014 The prosecutor, or a person who is subject to an order under section 490.012 , may appeal from a decision of the court under that section on any ground of appeal that raises a question of law or of mixed law and fact. The appeal court may dismiss the appeal, or allow it and order a new hearing, quash the order or make an order that may be made under that section. Application for termination order 490.015 (1) A person who is subject to an order may apply for a termination order (a) not earlier than five years after the order was made, in the case of an order that is applicable for 10 years under paragraph 490.013(2)(a); (b) not earlier than 10 years after the order was made, in the case of an order that is applicable for 20 years under paragraph 490.013(2)(b); Enregistrement de renseignemen (c) not earlier than 20 years after the order was made, in the case of an order that is applicable for life under paragraph 490.013(2)(c) or subsection 490.013 (3) or (5); or (d) on or after the day on which they receive a pardon. Application for termination of multiple orders (2) If more than one order is made in respect of a person, the person may apply for a termination order not earlier than 20 years after the most recent order was made under section 490.012, or on or after the day on which they receive a pardon . The application must be in relation to every order that is in effect. Person subject to obligation (3) If an applicant is also subject to an obligation under section 490.019, the application must be in relation to that obligation as well as to every order that is in effect. Re-application (4) A person whose application is refused may re-apply not earlier than five years after they made the previous application. However, they may not re-apply under this subsection if an order is made with respect to them under section 490.012 after the previous application was made. Court to which application is made (5) A person must apply to a superior court of criminal jurisdiction under this section if such a court made an order to which the application relates. In any other case, they must apply to a court of criminal jurisdiction. Termination order 490.016 (1) The court shall make a termination order if it is satisfied that the person has established that the impact on them of continuing the order or orders, and any obligation, to which the application relates, including on their privacy or liberty, would be grossly disproportionate to the public interest in the protection of society through the effective investigation of crimes of a sexual nature, to be achieved by the registration of information relating to sex offenders under the Sex Offender Information Registration Act. Reasons for decision (2) The court shall give reasons for its decision. �� C. 10 Sex Offender Inform Appeal 490.017 The prosecutor or the person who applied for a termination order may appeal from a decision made under subsection 490.016(1) on any ground of appeal that raises a question of law or of mixed law and fact. The appeal court may dismiss the appeal, or allow it and order a new hearing, quash the termination order or make an order that may be made under that subsection. Requirements relating to notice 490.018 (1) When a court or appeal court makes an order under section 490.012 , it shall cause (a) the order to be read by or to the person who is subject to it; (b) a copy of the order to be given to that person; (c) that person to be informed of sections 4 to 7 and subsection 17(1) of the Sex Offender Information Registration Act and section 490.031; and (d) a copy of the order to be sent to (i) the Review Board that is responsible for making a disposition with respect to that person, if applicable, (ii) the person in charge of the place in which that person is to serve the custodial portion of a sentence or is to be detained in custody as part of a disposition under Part XX.1, if applicable, and (iii) the police service whose member charged that person with the offence in connection with which the order is made. Endorsement (2) After paragraphs (1)(a) to (c) have been complied with, the person who is subject to the order shall endorse the order. Notice on disposition by Review Board (3) A Review Board shall cause a copy of the order to be given to the person who is subject to it when it directs (a) under paragraph 672.54(a), that the person be discharged absolutely; or (b) under paragraph 672.54(b), that the person be discharged subject to conditions, unless the conditions restrict the person’s liberty in a manner and to an extent that prevent them from complying with section 4, 4.1, 4.3 or 6 of the Sex Offender Information Registration Act. 2004 Notice before release Enregistrement de renseignemen (4) The person in charge of the place in which the person is serving the custodial portion of a sentence, or is detained in custody, before their release or discharge shall give the person a copy of the order not earlier than 10 days before their release or discharge. Obligation to Comply with Registration Requirements Obligation to comply 490.019 A person who is served with a notice in Form 53 shall comply with the Sex Offender Information Registration Act for the applicable period specified in section 490.022 unless a court makes an exemption order under subsection 490.023(2). Persons who may be served 490.02 (1) The Attorney General of a province or minister of justice of a territory may serve a person with a notice only if the person was convicted of, or found not criminally responsible on account of mental disorder for, an offence referred to in paragraph (a), (c), (d) or (e) of the definition ‘‘designated offence’’ in subsection 490.011(1) and (a) on the day on which the Sex Offender Information Registration Act comes into force, they are subject to a sentence for, or have not received an absolute discharge under Part XX.1 from, the offence; or (b) in any other case, (i) their name appears in connection with the offence, immediately before the Sex Offender Information Registration Act comes into force, in the sex offender registry established under the Ontario Act, and (ii) they either were a resident of Ontario at any time between April 23, 2001 and the day on which the Sex Offender Information Registration Act comes into force or committed the offence in Ontario. Exception (2) A notice shall not be served on a person (a) referred to in paragraph (1)(a) or (b) if they have been finally acquitted of, or have received a free pardon granted under Her �� C. 10 Sex Offender Inform Majesty’s royal prerogative of mercy or section 748 for, every offence in connection with which notice may be served on them under that paragraph; (b) referred to in paragraph (1)(a) or (b) if an application has been made for an order under subsection 490.012(3) in relation to any offence in connection with which notice may be served on them under that paragraph; or (c) referred to in paragraph (1)(b) if they have provided proof of a pardon in accordance with subsection 9(1) of the Ontario Act. Period for and method of service 490.021 (1) The notice shall be personally served within one year after the day on which the Sex Offender Information Registration Act comes into force. Exception (2) If a person referred to in paragraph 490.02(1)(a) is unlawfully at large or is in breach of any terms of their sentence or discharge, or conditions set under this Act, that relate to residence, the notice may be served by registered mail at their last known address. Exception (3) If a person referred to in paragraph 490.02(1)(b) is not in compliance with section 3 of the Ontario Act on the day on which the Sex Offender Information Registration Act comes into force, the notice may be served by registered mail at their last known address. Exception (4) If a person referred to in paragraph 490.02(1)(b) is in compliance with section 3 and subsection 7(2) of the Ontario Act on the day on which the Sex Offender Information Registration Act comes into force but fails to comply with subsection 3(1) or 7(2) of the Ontario Act within one year after that day, the notice shall be served within one year after the day on which they failed to comply and may be served by registered mail at their last known address. 2004 Proof of service Enregistrement de renseignemen (5) An affidavit of the person who served the notice, sworn before a commissioner or other person authorized to take affidavits, is evidence of the service and the notice if it sets out that (a) the person who served the notice has charge of the appropriate records and has knowledge of the facts in the particular case; (b) the notice was personally served on, or mailed to, the person to whom it was directed on a named day; and (c) the person who served the notice identifies a true copy of the notice as an exhibit attached to the affidavit. Requirements relating to notice (6) The person who served the notice shall, without delay, send a copy of the affidavit and the notice to the Attorney General of the province, or the minister of justice of the territory, in which the person was served. Date obligation begins 490.022 (1) The obligation under section 490.019 begins (a) either one year after the day on which a person is served with a notice under section 490.021 or when a court decides not to make an exemption order under subsection 490.023(2), whichever is later; or (b) when an exemption order made under this Act is quashed. Date obligation ends (2) The obligation ends on the earliest of (a) the day on which an exemption order is made on an appeal from a decision made under subsection 490.023(2), (b) the day on which the obligation of a person referred to in paragraph 490.02(1)(b) to comply with section 3 of the Ontario Act ends under paragraph 7(1)(a) of that Act, or (c) the day on which a person referred to in paragraph 490.02(1)(b) provides satisfactory proof of a pardon to a person who collects information, within the meaning of subsection 3(1) of the Sex Offender Information Registration Act, at a registration centre. �� Duration of obligation C. 10 Sex Offender Inform (3) If none of paragraphs (2)(a) to (c) applies earlier, the obligation (a) ends 10 years after the day on which the person was sentenced, or found not criminally responsible on account of mental disorder, for an offence to which the obligation relates that was prosecuted summarily or for which the maximum term of imprisonment is two or five years; (b) ends 20 years after the day on which the person was sentenced, or found not criminally responsible on account of mental disorder, for an offence to which the obligation relates and for which the maximum term of imprisonment is 10 or 14 years; (c) applies for life if the maximum term of imprisonment for an offence to which the obligation relates is life; or (d) applies for life if the person was convicted of, or found not criminally responsible on account of mental disorder for, more than one offence referred to in paragraph (a), (c), (d) or (e) of the definition ‘‘designated offence’’ in subsection 490.011(1). Application for exemption order 490.023 (1) A person who is not subject to an order under section 490.012 may, within one year after the day on which they are served with a notice under section 490.021, apply to any court of criminal jurisdiction for an order exempting them from the obligation under section 490.019. Exemption order (2) The court shall make an exemption order if it is satisfied that the person has established that the impact of the obligation on them, including on their privacy or liberty, would be grossly disproportionate to the public interest in protecting society through the effective investigation of crimes of a sexual nature, to be achieved by the registration of information relating to sex offenders under the Sex Offender Information Registration Act. Reasons for decision (3) The court shall give reasons for its decision. Enregistrement de renseignemen Effect of exemption order (4) If the court makes an exemption order, it shall also make an order requiring the permanent removal from the database of all information that relates to the person. Appeal 490.024 (1) The Attorney General or the person who applied for an exemption order may appeal from a decision of the court under subsection 490.023(2) on any ground of appeal that raises a question of law or of mixed law and fact. The appeal court may dismiss the appeal, or allow it and order a new hearing, quash the exemption order or make an order that may be made under that subsection. Effect of exemption order (2) If an appeal court makes an exemption order, it shall also make an order requiring the permanent removal from the database of all information that relates to the person. Requirements relating to notice 490.025 When a court decides not to make an exemption order under subsection 490.023(2) or an appeal court dismisses an appeal from such a decision or quashes an exemption order made under that subsection, it shall notify the Attorney General of the decision and cause the person who applied for the exemption order to be informed of sections 4 to 7 and subsection 17(1) of the Sex Offender Information Registration Act and section 490.031. Application for termination order 490.026 (1) A person who is subject to an obligation under section 490.019 and is not subject to an order under section 490.012 may apply to a court of criminal jurisdiction for a termination order. Time for application (2) A person may apply for a termination order under subsection (1) if the following period has elapsed since the day on which they were sentenced, or found not criminally responsible on account of mental disorder, for an offence referred to in paragraph (a), (c), (d) or (e) of the definition ‘‘designated offence’’ in subsection 490.011(1): (a) five years if the offence was prosecuted summarily or is an offence for which the maximum term of imprisonment is two or five years; �� C. 10 Sex Offender Inform (b) 10 years if the offence is one for which the maximum term of imprisonment is 10 or 14 years; and (c) 20 years if the offence is one for which the maximum term of imprisonment is life. More than one offence (3) A person who committed more than one offence referred to in paragraph (a), (c), (d) or (e) of the definition ‘‘designated offence’’ in subsection 490.011(1) may apply for a termination order under subsection (1) if 20 years have elapsed since the day on which they were sentenced, or found not criminally responsible on account of mental disorder, for the most recent offence. Re-application (4) A person whose application is refused may re-apply if five years have elapsed since the day on which they made the previous application. However, they may not re-apply under this subsection if an order is made with respect to them under section 490.012 after the previous application was made. Termination order 490.027 (1) The court shall make an order terminating the obligation if it is satisfied that the person has established that the impact on them of continuing the obligation, including on their privacy or liberty, would be grossly disproportionate to the public interest in the protection of society through the effective investigation of crimes of a sexual nature, to be achieved by the registration of information relating to sex offenders under the Sex Offender Information Registration Act. Reasons for decision (2) The court shall give reasons for its decision. Deemed application 490.028 If a person is eligible to apply for both an exemption order under section 490.023 and a termination order under section 490.026 within one year after they are served with a notice under section 490.021, an application within that period for one order is deemed to be an application for both. 2004 Appeal Enregistrement de renseignemen 490.029 The Attorney General or the person who applied for a termination order may appeal from a decision of the court made under section 490.027 on any ground of appeal that raises a question of law or of mixed law and fact. The appeal court may dismiss the appeal, or allow it and order a new hearing, quash the termination order or make an order that may be made under that section. Disclosure of Information Disclosure by Commissioner 490.03 (1) At the request of a prosecutor or the Attorney General, as the case may be, the Commissioner of the Royal Canadian Mounted Police shall disclose information that is registered in the database or the fact that such information is registered in the database (a) to the prosecutor, if the Commissioner is satisfied that the disclosure is necessary for the purposes of a proceeding for an order under section 490.012; or (b) to the Attorney General, if the Commissioner is satisfied that the disclosure is necessary for the purposes of a proceeding under section 490.015, 490.023 or 490.026, or an appeal from a decision made in a proceeding under any of those sections or in a proceeding for an order under section 490.012. Disclosure by Commissioner (2) At the request of the Attorney General, the Commissioner shall disclose to the Attorney General all information relating to a person that is registered in the database if the person, in connection with a proceeding, discloses any such information or the fact that any such information is registered in the database. Disclosure in legal proceedings (3) The prosecutor or the Attorney General may disclose the information to a court in connection with a proceeding referred to in subsection (1) or (2), or to an appeal court in connection with an appeal from a decision made in the proceeding, if the information is relevant to the proceeding or appeal. �� Disclosure in legal proceedings C. 10 Sex Offender Inform (4) Information that is collected under the Sex Offender Information Registration Act or registered in the database and that is relevant to the proceeding may be disclosed to a judge or justice in a proceeding relating to an application for a search warrant in connection with the investigation of a crime that there are reasonable grounds to suspect is of a sexual nature. Offences Offence 490.031 Every person who, without reasonable excuse, fails to comply with an order made under section 490.012 or with an obligation under section 490.019, is guilty of an offence and liable (a) in the case of a first offence, on summary conviction, to a fine of not more than $10,000 or to imprisonment for a term of not more than six months, or to both; and (b) in the case of a second or subsequent offence, (i) on conviction on indictment, to a fine of not more than $10,000 or to imprisonment for a term of not more than two years, or to both, or (ii) on summary conviction, to a fine of not more than $10,000 or to imprisonment for a term of not more than six months, or to both. Regulations Regulations 490.032 The Governor in Council may make regulations (a) requiring that additional information be contained in a notice under Form 53; and (b) prescribing, for one or more provinces, the form and content of that information. 21. Part XXVIII of the Act is amended by adding the following at the end of that Part: Enregistrement de renseignemen FORM 52 (Section 490.012 ) ORDER TO COMPLY WITH SEX OFFENDER INFORMATION REGISTRATION ACT Canada, Province of .................... (territorial division). To A.B., of ................, (occupation): You have been convicted of, or found not criminally responsible on account of mental disorder for, ............. (insert description of offence(s)), a designated offence (or if more than one offence, designated offences) within the meaning of subsection 490.011 (1) of the Criminal Code, under ......... (insert the applicable designated offence provision(s) of the Criminal Code). 1. You must report for the first time, in person, to the registration centre that serves the area in which your main residence is located, whenever required under subsection 4(2) of the Sex Offender Information Registration Act. 2. You must subsequently report to the registration centre that serves the area in which your main residence is located whenever required under section 4.1 or 4.3 of the Sex Offender Information Registration Act, for a period of ...... years after this order is made (or if paragraph 490.013(2)(c) or any of subsections 490.013(3) to (5) of the Criminal Code applies , for life). 3. Information relating to you will be collected under sections 5 and 6 of the Sex Offender Information Registration Act by a person who collects information at the registration centre. 4. Information relating to you will be registered in a database, and may be consulted, disclosed and used in the circumstances set out in the Sex Offender Information Registration Act. �� C. 10 Sex Offender Inform 5. If you believe that the information registered in the database contains an error or omission, you may ask a person who collects information at the registration centre that serves the area in which your main residence is located to correct the information. 6. You have the right to appeal this order. 7. You have the right to apply to a court to terminate this order, and the right to appeal any decision of that court. 8. If you are found to have contravened this order, you may be subject to a fine or imprisonment, or to both. 9. If you are found to have provided false or misleading information, you may be subject to a fine or imprisonment, or to both. Dated this ................ day of ................, at ................. . ......................................... (Signature of judge and name of court) .................................. (Signature of person subject to order) FORM 53 (Sections 490.019 and 490.032) NOTICE OF OBLIGATION TO COMPLY WITH SEX OFFENDER INFORMATION REGISTRATION ACT Canada, Province of .........., (territorial division). To A.B., of ............, (occupation), a person referred to in subsection 490.02(1) of the Criminal Code: Enregistrement de renseignemen Because, on ....... (insert date(s)), you were convicted of, or found not criminally responsible on account of mental disorder for, ......... (insert description of offence(s)), one or more offences referred to in paragraph (a), (c), (d) or (e) of the definition ‘‘designated offence’’ in subsection 490.011(1) of the Criminal Code, under ....... (insert the applicable offence provision(s) of the Criminal Code), this is provided to give you notice that you are required to comply with the Sex Offender Information Registration Act. 1. You must report for the first time, in person, to the registration centre that serves the area in which your main residence is located, whenever required under subsection 4(3) of the Sex Offender Information Registration Act. 2. You must subsequently report to the registration centre that serves the area in which your main residence is located whenever required under section 4.1 or 4.3 of the Sex Offender Information Registration Act for a period of ....... years after the day on which you were sentenced, or found not criminally responsible on account of mental disorder, for the offence (or if paragraph 490.022(3)(c) of the Criminal Code applies, for life) or for any shorter period set out in subsection 490.022(2) of the Criminal Code. 3. Information relating to you will be collected under sections 5 and 6 of the Sex Offender Information Registration Act by a person who collects information at the registration centre. 4. Information relating to you will be registered in a database, and may be consulted, disclosed and used in the circumstances set out in the Sex Offender Information Registration Act. �� C. 10 Sex Offender Inform 5. If you believe that the information registered in the database contains an error or omission, you may ask a person who collects information at the registration centre that serves the area in which your main residence is located to correct the information. 6. You have the right to apply to a court to exempt you from the obligation to comply with the Sex Offender Information Registration Act, and the right to appeal any decision of that court. 7. You have the right to apply to a court to terminate the obligation, and the right to appeal any decision of that court. 8. If you are found to have contravened the obligation, you may be subject to a fine or imprisonment, or to both. 9. If you are found to have provided false or misleading information, you may be subject to a fine or imprisonment, or to both. Dated this ................ day of ................, at ................. . REVIEW AND REPORT Review by committee 21.1 (1) The administration of this Act shall, two years after the coming into force of this Act, be reviewed by the parliamentary committee that may be designated or established by Parliament for that purpose. Report (2) The committee designated or established by Parliament for the purpose of subsection (1) shall undertake a review of the provisions and operation of this Act and shall, within six months after the review is undertaken or within any further time that may be authorized, submit a report to Parliament thereon including a statement of any changes to this Act or its administration that the committee would recommend. Enregistrement de renseignemen CONSEQUENTIAL AMENDMENTS R.S., c. A-1 Access to Information Act 22. Schedule II to the Access to Information Act is amended by adding, in alphabetical order, a reference to Sex Offender Information Registration Act Loi sur l’enregistrement de renseignements sur les délinquants sexuels and a corresponding reference in respect of that Act to ‘‘subsections 9(3) and 16(4)’’. R.S., c. C-47 2000, c. 1, s. 4 Criminal Records Act 23. Paragraph 5(b) of the Criminal Records Act is replaced by the following: (b) unless the pardon is subsequently revoked or ceases to have effect, requires the judicial record of the conviction to be kept separate and apart from other criminal records and removes any disqualification or obligation to which the person so convicted is, by reason of the conviction, subject by virtue of the provisions of any Act of Parliament, other than section 109, 110, 161, 259, 490.012 or 490.019 of the Criminal Code or subsection 147.1(1) of the National Defence Act, or of a regulation made under an Act of Parliament. COORDINATING PROVISION Bill C-20 24. If Bill C-20, introduced in the 2nd Session of the 37th Parliament and entitled An Act to amend the Criminal Code (protection of children and other vulnerable persons) and the Canada Evidence Act (the ‘‘other Act’’), receives royal assent, then, on the later of the coming into force of section 6 of the other Act and the coming into force of this Act, subparagraph (b)(i) of the definition ‘‘designated offence’’ in subsection 490.011 (1) of the Criminal Code is replaced by the following: (i) section 162 (voyeurism), (i.1) subsection 173(1) (indecent acts), �� C. 10 Sex Offender Inform COMING INTO FORCE Coming into force 25. This Act comes into force on a day to be fixed by order of the Governor in Council. Published under authority of the Speaker of the House of Commons Available from: ������������� ����������������� ���������� ���������� Ottawa, Canada K1A 0S9 ��������� ����� ������������� ����������������� ���������� ����������� ������� ������� ��� ���

Third Session, Thirty-seventh Parliament, 52-53 Elizabeth II, 2004 STATUTES OF CANADA 2004 CHAPTER 12 An Act to amend the Criminal Code and other Acts BILL C-14 ASSENTED TO 22nd APRIL, 2004 SUMMARY This enactment amends the Criminal Code by (a) establishing more serious offences for placing, or knowingly permitting to remain in a place, a trap, device or other thing that is likely to cause death or bodily harm to a person; (b) permitting the use of as much force as is reasonably necessary on board an aircraft to prevent the commission of an offence that would be likely to cause immediate and serious injury to the aircraft or to any person or property in the aircraft; (c) modifying the provision dealing with the provision of information on oath in relation to weapons; and (d) creating an exemption to the offence of intercepting private communications in order to protect computer systems. It amends the Financial Administration Act in order to authorize the federal government to take necessary measures to protect its computer systems. It also amends the Canada Evidence Act, the Security of Information Act and the Criminal Code in order to make technical corrections, especially in relation to equivalence between the two official language versions. ��� ������������� ������������ ��� ��������� �� ��� ������������� �������� ������������� �� ��� ��������� �������� ��������������������� 52-53 ELIZABETH II CHAPTER 12 An Act to amend the Criminal Code and other Acts [Assented to 22nd April, 2004] Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: R.S., c. C-46 Definition of ‘‘flight’’ and ‘‘in flight’’ Use of force on board an aircraft Application of this section CRIMINAL CODE 1. The portion of subsection 7(8) of the Criminal Code before paragraph (a) is replaced by the following: (8) For the purposes of this section, of the definition ‘‘peace officer’’ in section 2 and of sections 27.1, 76 and 77, ‘‘flight’’ means the act of flying or moving through the air and an aircraft is deemed to be in flight from the time when all external doors are closed following embarkation until the later of 2. The Act is amended by adding the following after section 27: 27.1 (1) Every person on an aircraft in flight is justified in using as much force as is reasonably necessary to prevent the commission of an offence against this Act or another Act of Parliament that the person believes on reasonable grounds, if it were committed, would be likely to cause immediate and serious injury to the aircraft or to any person or property therein. (2) This section applies in respect of any aircraft in flight in Canadian airspace and in respect of any aircraft registered in Canada in accordance with the regulations made under the Aeronautics Act in flight outside Canadian airspace. � C. 12 Crimina 1995, c. 39, s. 139 3. Subsection 117.04(1) of the Act is replaced by the following: Application for warrant to search and seize 117.04 (1) Where, pursuant to an application made by a peace officer with respect to any person, a justice is satisfied by information on oath that there are reasonable grounds to believe that the person possesses a weapon, a prohibited device, ammunition, prohibited ammunition or an explosive substance in a building, receptacle or place and that it is not desirable in the interests of the safety of the person, or of any other person, for the person to possess the weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, the justice may issue a warrant authorizing a peace officer to search the building, receptacle or place and seize any such thing, and any authorization, licence or registration certificate relating to any such thing, that is held by or in the possession of the person. 4. (1) Subsection 184(2) of the Act is amended by striking out the word ‘‘or’’ at the end of paragraph (c), by adding the word ‘‘or’’ at the end of paragraph (d) and by adding the following after paragraph (d): (e) a person, or any person acting on their behalf, in possession or control of a computer system, as defined in subsection 342.1(2), who intercepts a private communication originating from, directed to or transmitting through that computer system, if the interception is reasonably necessary for (i) managing the quality of service of the computer system as it relates to performance factors such as the responsiveness and capacity of the system as well as the integrity and availability of the system and data, or (ii) protecting the computer system against any act that would be an offence under subsection 342.1(1) or 430(1.1). (2) Section 184 of the Act is amended by adding the following after subsection (2): 2004 Use or retention Code cr (3) A private communication intercepted by a person referred to in paragraph (2)(e) can be used or retained only if (a) it is essential to identify, isolate or prevent harm to the computer system; or (b) it is to be disclosed in circumstances referred to in subsection 193(2). 5. Paragraph 193(2)(d) of the Act is amended by striking out the word ‘‘or’’ at the end of subparagraph (i), by adding the word ‘‘or’’ at the end of subparagraph (ii) and by replacing the portion after subparagraph (ii) with the following: (iii) services relating to the management or protection of a computer system, as defined in subsection 342.1(2), if the disclosure is necessarily incidental to an interception described in paragraph 184(2)(c), (d) or (e); 6. Section 247 of the Act is replaced by the following: Traps likely to cause bodily harm 247. (1) Every one is guilty of an indictable offence and is liable to imprisonment for a term not exceeding five years, who with intent to cause death or bodily harm to a person, whether ascertained or not, (a) sets or places a trap, device or other thing that is likely to cause death or bodily harm to a person; or (b) being in occupation or possession of a place, knowingly permits such a trap, device or other thing to remain in that place. Bodily harm (2) Every one who commits an offence under subsection (1) and thereby causes bodily harm to any other person is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years. Offence-related place (3) Every one who commits an offence under subsection (1), in a place kept or used for the purpose of committing another indictable offence, is guilty of an indictable offence and is liable to a term of imprisonment not exceeding ten years. � C. 12 Crimina Offence-related place — bodily harm (4) Every one who commits an offence under subsection (1), in a place kept or used for the purpose of committing another indictable offence, and thereby causes bodily harm to a person is guilty of an indictable offence and liable to a term of imprisonment not exceeding fourteen years. Death (5) Every one who commits an offence under subsection (1) and thereby causes the death of any other person is guilty of an indictable offence and liable to imprisonment for life. R.S., c. 42 (4th Supp.), s. 2; 2001, c. 32, s. 24 7. The portion of paragraph 462.43(1)(c) of the Act before subparagraph (i) is replaced by the following: (c) in the case of property seized under a warrant issued pursuant to section 462.32 or property under the control of a person appointed pursuant to paragraph 462.331(1)(a), 2002 c. 13, s. 16(F) 8. Section 462.47 of the French version of the Act is replaced by the following: Nullité des actions contre les informateurs 462.47 Il est entendu que, sous réserve de l’article 241 de la Loi de l’impôt sur le revenu, aucune action ne peut être intentée contre une personne pour le motif qu’elle aurait révélé à un agent de la paix ou au procureur général des faits sur lesquels elle se fonde pour avoir des motifs raisonnables de soupçonner que des biens sont des produits de la criminalité ou qu’une autre personne a commis une infraction désignée ou s’apprête à le faire. 9. (1) Subsection 536(4) of the Act, as enacted by subsection 25(2) of chapter 13 of the Statutes of Canada, 2002, is replaced by the following: Request for preliminary inquiry (4) If an accused elects to be tried by a judge without a jury or by a court composed of a judge and jury or does not elect when put to the election or is deemed under paragraph 565(1)(b) to have elected to be tried by a court composed of a judge and jury or is charged with an offence listed in section 469, the justice shall, subject to section 577, on the request of the accused or the prosecutor made at that time or within the period fixed by rules of court made under section 482 or 482.1 or, if there are no such rules, by the justice, hold a preliminary inquiry into the charge. Code cr (2) The portion of subsection 536(4.1) of the Act before paragraph (a), as enacted by subsection 25(2) of chapter 13 of the Statutes of Canada, 2002, is replaced by the following: Endorsement on the information (4.1) If an accused elects to be tried by a judge without a jury or by a court composed of a judge and jury or does not elect when put to the election or is deemed under paragraph 565(1)(b) to have elected to be tried by a court composed of a judge and jury or is charged with an offence listed in section 469, the justice shall endorse on the information and, if the accused is in custody, on the warrant of remand, a statement showing 10. (1) Subsection 536.1(3) of the Act, as enacted by section 26 of chapter 13 of the Statutes of Canada, 2002, is replaced by the following: Request for preliminary inquiry — Nunavut (3) If an accused elects to be tried by a judge without a jury or by a court composed of a judge and jury or does not elect when put to the election or is deemed under paragraph 565(1)(b) to have elected to be tried by a court composed of a judge and jury or is charged with an offence listed in section 469, the justice or judge shall, subject to section 577, on the request of the accused or the prosecutor made at that time or within the period fixed by rules of court made under section 482 or 482.1 or, if there are no such rules, by the judge or justice, hold a preliminary inquiry into the charge. (2) The portion of subsection 536.1(4) of the Act before paragraph (a), as enacted by section 26 of chapter 13 of the Statutes of Canada, 2002, is replaced by the following: Endorsement on the information (4) If an accused elects to be tried by a judge without a jury or by a court composed of a judge and jury or does not elect when put to the election or is deemed under paragraph 565(1)(b) to have elected to be tried by a court composed of a judge and jury or is charged with an offence listed in section 469, the � C. 12 Crimina justice or judge shall endorse on the information and, if the accused is in custody, on the warrant of remand, a statement showing 1995, c. 22, s. 6 11. Paragraph 729(1)(b) of the English version of the Act is replaced by the following: (b) a hearing to determine whether the offender breached a condition of a conditional sentence order that the offender not have in possession or use drugs, 1995, c. 22, s. 6 12. Paragraph 732.2(1)(c) of the English version of the Act is replaced by the following: (c) where the offender is under a conditional sentence order, at the expiration of the conditional sentence order. 1995, c. 22, s. 6 13. Subsection 741(1) of the Act is replaced by the following: Enforcing restitution order 741. (1) Where an amount that is ordered to be paid under section 732.1, 738, 739 or 742.3, is not paid without delay, the person to whom the amount was ordered to be paid may, by filing the order, enter as a judgment the amount ordered to be paid in any civil court in Canada that has jurisdiction to enter a judgment for that amount, and that judgment is enforceable against the offender in the same manner as if it were a judgment rendered against the offender in that court in civil proceedings. 2002, c. 13, s. 75 14. Subsection 742.2(2) of the English version of the Act is replaced by the following: Application of section 109 or 110 (2) For greater certainty, a condition of a conditional sentence order referred to in paragraph 742.3(2)(b) does not affect the operation of section 109 or 110. 1999, c. 5, s. 41(4) 15. (1) The portion of subsection 742.6(10) of the English version of the Act before paragraph (a) is replaced by the following: Warrant or arrest — suspension of running of conditional sentence order (10) The running of a conditional sentence order imposed on an offender is suspended during the period that ends with the determination of whether a breach of condition had occurred and begins with the earliest of Code cr 1999, c. 5, s. 41(4) (2) Subsection 742.6(12) of the English version of the Act is replaced by the following: Detention under s. 515(6) (12) A conditional sentence order referred to in subsection (10) starts running again on the making of an order to detain the offender in custody under subsection 515(6) and, unless section 742.7 applies, continues running while the offender is detained under the order. 1999, c. 5, s. 41(4) (3) Subsections 742.6(14) to (16) of the English version of the Act are replaced by the following: Unreasonable delay in execution (14) Despite subsection (10), if there was unreasonable delay in the execution of a warrant, the court may, at any time, order that any period between the issuance and execution of the warrant that it considers appropriate in the interests of justice is deemed to be time served under the conditional sentence order unless the period has been so deemed under subsection (15). Allegation dismissed or reasonable excuse (15) If the allegation is withdrawn or dismissed or the offender is found to have had a reasonable excuse for the breach, the sum of the following periods is deemed to be time served under the conditional sentence order: (a) any period for which the running of the conditional sentence order was suspended; and (b) if subsection (12) applies, a period equal to one half of the period that the conditional sentence order runs while the offender is detained under an order referred to in that subsection. Powers of court (16) If a court is satisfied, on a balance of probabilities, that the offender has without reasonable excuse, the proof of which lies on the offender, breached a condition of the conditional sentence order, the court may, in exceptional cases and in the interests of justice, order that some or all of the period of suspension referred to in subsection (10) is deemed to be time served under the conditional sentence order. � 1999, c. 5, s. 41(4) C. 12 Crimina (4) Paragraph 742.6(17)(c) of the English version of the Act is replaced by the following: (c) the period for which the offender was subject to conditions while the running of the conditional sentence order was suspended and whether the offender complied with those conditions during that period. 1999, c. 5, s. 42 If person imprisoned for new offence 1999, c. 5, s. 42 Conditional sentence order resumes R.S., c. 27 (1st Supp.), s. 203; 1995, c. 22, s. 10 (Sch. I, s. 35) 16. (1) Subsection 742.7(1) of the English version of the Act is replaced by the following: 742.7 (1) If an offender who is subject to a conditional sentence order is imprisoned as a result of a sentence imposed for another offence, whenever committed, the running of the conditional sentence order is suspended during the period of imprisonment for that other offence. (2) Subsection 742.7(4) of the English version of the Act is replaced by the following: (4) The running of any period of the conditional sentence order that is to be served in the community resumes upon the release of the offender from prison on parole, on statutory release, on earned remission, or at the expiration of the sentence. 17. Form 46 in Part XXVIII of the Act is replaced by the following: FORM 46 (Section 732.1) PROBATION ORDER Canada, Province of ................, (territorial division). Whereas on the ................ day of ................ at ................, A.B., hereinafter called the offender, (pleaded guilty to or was tried under (here insert Part XIX, XX or XXVII, as the case may be) of the Criminal Code and was (here insert convicted or found guilty, as the case may be) on the charge that (here state the offence to which the offender pleaded guilty or for which the offender was convicted or found guilty, as the case may be); Code cr And whereas on the ................ day of ................ the court adjudged* *Use whichever of the following forms of disposition is applicable: (a) that the offender be discharged on the following conditions: (b) that the passing of sentence on the offender be suspended and that the said offender be released on the following conditions: (c) that the offender forfeit and pay the sum of ................ dollars to be applied according to law and in default of payment of the said sum without delay (or within a time fixed, if any), be imprisoned in the (prison) at ................ for the term of ................ unless the said sum and charges of the committal and of conveying the said offender to the said prison are sooner paid, and in addition thereto, that the said offender comply with the following conditions: (d) that the offender be imprisoned in the (prison) at ................ for the term of ................ and, in addition thereto, that the said offender comply with the following conditions: (e) that following the expiration of the offender’s conditional sentence order related to this or another offence, that the said offender comply with the following conditions: (f) that following the expiration of the offender’s sentence of imprisonment related to another offence, that the said offender comply with the following conditions: (g) when the offender is ordered to serve the sentence of imprisonment intermittently, that the said offender comply with the following conditions when not in confinement: Now therefore the said offender shall, for the period of ................ from the date of this order (or, where paragraph (d), (e) or (f) is applicable, the date of expiration of the offender’s sentence of imprisonment or conditional sentence order) comply with the following condi�� C. 12 Crimina tions, namely, that the said offender shall keep the peace and be of good behaviour, appear before the court when required to do so by the court and notify the court or probation officer in advance of any change of name or address and promptly notify the court or probation officer of any change of employment or occupation, and, in addition, (here state any additional conditions prescribed pursuant to subsection 732.1(3) of the Criminal Code). Dated this ................ day of ................ A.D. ........, at ................ . ........................................ Clerk of the Court, Justice or Provincial Court Judge R.S., c. C-5 CANADA EVIDENCE ACT 2001, c. 41, s. 43 18. Section 37.21 of the Canada Evidence Act is repealed. 2001, c. 41, s. 43 19. Subsections 38.131(8) to (10) of the English version of the Act are replaced by the following: Varying the certificate (8) If the judge determines that some of the information subject to the certificate does not relate either to information obtained in confidence from, or in relation to, a foreign entity as defined in subsection 2(1) of the Security of Information Act, or to national defence or national security, the judge shall make an order varying the certificate accordingly. Cancelling the certificate (9) If the judge determines that none of the information subject to the certificate relates to information obtained in confidence from, or in relation to, a foreign entity as defined in subsection 2(1) of the Security of Information Act, or to national defence or national security, the judge shall make an order cancelling the certificate. Confirming the certificate (10) If the judge determines that all of the information subject to the certificate relates to information obtained in confidence from, or in relation to, a foreign entity as defined in subsection 2(1) of the Security of Information Act, or to national defence or national security, the judge shall make an order confirming the certificate. 2004 R.S., c. F-11 Code cr FINANCIAL ADMINISTRATION ACT 20. The Financial Administration Act is amended by adding the following after section 160: Management or protection of computer systems 161. (1) The appropriate Minister, any public servant employed in a department, any employee of a Crown corporation or any person acting on behalf of a department or Crown corporation who performs duties relating to the management or protection of computer systems of the department or the Crown corporation may take reasonable measures for such purposes, including the interception of private communications in circumstances specified in paragraph 184(2)(e) of the Criminal Code. Privacy protection (2) Subject to subsection (3), with respect to an interception referred to in subsection (1), the appropriate Minister shall take reasonable measures to ensure that only data that is essential to identify, isolate or prevent harm to the computer system will be used or retained. Limitation (3) Nothing in this section affects any other lawful authority to intercept, use, retain, access or disclose a private communication. Definition of ‘‘computer system’’ (4) For the purposes this section, ‘‘computer system’’ means a device that, or a group of interconnected or related devices one or more of which, (a) contains computer programs or other data; and (b) pursuant to computer programs, (i) performs logic and control, and (ii) may perform any other function. �� C. 12 Crimina R.S. c. O-5; 2001, c. 41, s. 25 SECURITY OF INFORMATION ACT 2001, c. 41, s. 29 21. Paragraph (a) of the definition ‘‘special operational information’’ in subsection 8(1) of the English version of the Security of Information Act is replaced by the following: (a) the identity of a person, agency, group, body or entity that was or is intended to be, has been approached to be, or has offered or agreed to be, a confidential source of information, intelligence or assistance to the Government of Canada; INTERPRETATION Interpretation of 2001, c. 32, ss. 82(1), (2) and (4) 22. For greater certainty, section 82 of An Act to amend the Criminal Code (organized crime and law enforcement) and to make consequential amendments to other Acts (‘‘the Act’’), chapter 32 of the Statutes of Canada, 2001, is to be read in accordance with the following as a result of the division on October 2, 2001, of Bill C-15, introduced in the 1st session of the 37th Parliament and entitled the Criminal Law Amendment Act, 2001: (a) the reference in subsection 82(1) of the Act to ‘‘Bill C-15’’ refers, with respect to subsections 82(2) and (4) of the Act, to Bill C-15A, which resulted from the division of Bill C-15 and has the same title; (b) the reference in subsection 82(2) of the Act to ‘‘section 25 of the other Act’’ refers to section 16 of Bill C-15A; and (c) the reference in subsection 82(4) of the Act to ‘‘section 62 of the other Act’’ refers to section 52 of Bill C-15A. Interpretation of 2001, c. 32, ss. 82(1) and (3) 23. For greater certainty, section 82 of An Act to amend the Criminal Code (organized crime and law enforcement) and to make consequential amendments to other Acts (‘‘the Act’’), chapter 32 of the Statutes of Canada, 2001, is to be read in accordance Code cr with the following as a result of the division on October 2, 2001, of Bill C-15, introduced in the 1st session of the 37th Parliament and entitled the Criminal Law Amendment Act, 2001, and the division in the Senate on December 3, 2002, of Bill C-10, introduced in the 2nd session of the 37th Parliament and entitled An Act to amend the Criminal Code (cruelty to animals and firearms) and the Firearms Act: (a) the reference in subsection 82(1) of the Act to ‘‘Bill C-15’’ refers, with respect to subsection 82(3) of the Act, to Bill C-10A, which resulted from the division of Bill C-10 and is entitled An Act to amend the Criminal Code (firearms) and the Firearms Act; and (b) the reference in subsection 82(3) of the Act to ‘‘section 32 of the other Act’’ refers to section 8 of Bill C-10A. COMING INTO FORCE Coming into force 24. Section 17 comes into force on a day to be fixed by order of the Governor in Council. Published under authority of the Speaker of the House of Commons Available from: ������������� ����������������� ���������� ���������� Ottawa, Canada K1A 0S9 ��������� ����� ������������� ����������������� ���������� ����������� ������� ������� ��� ���

Third Session, Thirty-seventh Parliament, 52-53 Elizabeth II, 2004 STATUTES OF CANADA 2004 CHAPTER 13 An Act to amend the Customs Tariff BILL C-21 ASSENTED TO 29th APRIL, 2004 SUMMARY This enactment amends the Customs Tariff to extend the General Preferential Tariff and the Least Developed Country Tariff to June 30, 2014. All parliamentary publications are available on the Parliamentary Internet Parlementaire at the following address: http://www.parl.gc.ca 52-53 ELIZABETH II —————— CHAPTER 13 An Act to amend the Customs Tariff [Assented to 29th April, 2004] 1997, c. 36 Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: 1. Section 36 of the Customs Tariff is replaced by the following: Expiry date 36. Sections 33 to 35 cease to have effect on June 30, 2014 or on such earlier date as may be fixed by order of the Governor in Council. 2. Section 40 of the Act is replaced by the following: Expiry date 40. Sections 37 to 39 cease to have effect on June 30, 2014 or on such earlier date as may be fixed by order of the Governor in Council. Published under authority of the Speaker of the House of Commons Available from: Communications Canada — Canadian Government Publishing Ottawa, Canada K1A 0S9 Available from: Communication Canada — Canadian Government Publishing, Ottawa, Ontario K1A 0S9

Third Session, Thirty-seventh Parliament, 52-53 Elizabeth II, 2004 STATUTES OF CANADA 2004 CHAPTER 17 An Act to give effect to the Westbank First Nation SelfGovernment Agreement BILL C-11 ASSENTED TO 6th MAY, 2004 RECOMMENDATION Her Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled “An Act to give effect to the Westbank First Nation Self-Government Agreement”. SUMMARY This enactment gives effect to the Westbank First Nation Self-Government Agreement. It includes related amendments to several other Acts. All parliamentary publications are available on the Parliamentary Internet Parlementaire at the following address: http://www.parl.gc.ca 52-53 ELIZABETH II —————— CHAPTER 17 An Act to give effect to the Westbank First Nation Self-Government Agreement [Assented to 6th May, 2004] Preamble WHEREAS the Government of Canada has undertaken to recommend to Parliament the enactment of legislation to give effect to the Westbank First Nation Self-Government Agreement; NOW, THEREFORE, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: SHORT TITLE Short title 1. This Act may be cited as the Westbank First Nation Self-Government Act. INTERPRETATION Definition of “Agreement” 2. (1) In this Act, “Agreement” means the Westbank First Nation Self-Government Agreement signed on behalf of the Westbank First Nation and Her Majesty in right of Canada on October 3, 2003 and laid before the Senate and the House of Commons on November 5, 2003, and includes any amendments made to it from time to time in accordance with its provisions. Expressions used in Agreement (2) In this Act, the expressions “council”, “member”, “Westbank First Nation”, “Westbank lands” and “Westbank law” have the same meaning as in the Agreement. EFFECT OF AGREEMENT Force of law of Agreement 3. (1) The Agreement is approved and has the force of law. C. 17 Persons and bodies subject to Agreement (2) Persons and bodies have the powers, rights, privileges and benefits conferred on them by the Agreement and are subject to the obligations and liabilities imposed on them by the Agreement. Agreement binding 4. (1) The Agreement is binding on and may be relied on by all persons. International obligations (2) The provisions of the Agreement respecting Canada’s international legal obligations may be invoked only by a party to the Agreement. Conflicts with other federal laws 5. In the event of a conflict between this Act or the Agreement and any other federal law, this Act or the Agreement prevails to the extent of the conflict. Westbank First Nati APPLICATION OF OTHER ACTS Indian Act Acts respecting reserve lands Statutory Instruments Act 6. The Indian Act does not apply in respect of the Westbank First Nation, its council, its members or Westbank lands except to the extent provided by the Agreement. 7. The First Nations Land Management Act and the Indian Oil and Gas Act do not apply in respect of the Westbank First Nation, its council, its members or Westbank lands. 8. The Statutory Instruments Act does not apply in respect of Westbank law. LEGAL PROCEEDINGS Judicial notice 9. Judicial notice shall be taken of the Agreement and Westbank law. Judicial review 10. Application for judicial review in accordance with the Agreement may only be made after all applicable procedures for appeal or review provided by Westbank law have been exhausted. Federal Courts Act 11. Neither the council nor any person or body appointed by the Westbank First Nation and having, exercising or purporting to exercise jurisdiction or powers conferred by or under Westbank law is a federal board, commission or other tribunal within the meaning of the Federal Courts Act. 2004 Notice of issues arising Autonomie gouvernementale de 12. (1) A party in any proceeding before a court or tribunal shall serve notice in writing on the Attorney General of Canada and the Westbank First Nation of any issue raised by that party in respect of (a) the interpretation or validity of the Agreement; or (b) the validity or applicability of this Act or of Westbank law. Content of notice (2) A notice must identify the proceeding in which the issue arises, state whether it arises in relation to paragraph (1)(a) or (b), give particulars of the point to be argued and, if a date has been fixed for argument, give the date. Attachments (3) A notice shall be accompanied by copies of all pleadings and other documents pertaining to the issue that are in the possession of the court or tribunal. Time of service (4) A notice shall be served within seven days after the issue is first raised by a party to the proceeding, whether in the initial pleadings or otherwise, and the issue may not be argued sooner than fourteen days after service unless the court or tribunal allows a shorter period. Participation in proceedings (5) In any proceeding to which subsection (1) applies, the Attorney General of Canada and the Westbank First Nation may appear and participate with the same rights as any other party. GENERAL Regulations and orders 13. The Governor in Council may, on the recommendation of the Minister of Indian Affairs and Northern Development made after consideration of any representations of the council, make any regulations or orders that the Governor in Council considers necessary or advisable for the purpose of carrying out the provisions of the Agreement. References to “Canada” 14. References in the Agreement to “Canada”, other than as a place, shall be read as references to Her Majesty in right of Canada. Canada Lands Surveys Act 14.1 (1) For the purposes of subsection 29(3) of the Canada Lands Surveys Act, in relation to Westbank lands, surveys and plans must be C. 17 Westbank First Nati satisfactory to the council rather than to the Minister of Indian Affairs and Northern Development. Exception (2) Subsection (1) does not apply in relation to boundaries between Westbank lands and other lands. Deposit of Agreement and amendments 15. The Minister of Indian Affairs and Northern Development shall have a copy of the Agreement and of every amendment made to the Agreement, certified by the Minister to be a true copy, deposited in (a) the National Archives of Canada; (b) the library of the Department of Indian Affairs and Northern Development situated in the National Capital Region; and (c) the office of that Department situated nearest to Westbank lands. RELATED AMENDMENTS R.S., c. A-1 Access to Information Act 2000, c. 7, s. 21(2) 16. Subsection 13(3) of the Access to Information Act is replaced by the following: Definition of “aboriginal government” (3) The expression “aboriginal government” in paragraph (1)(e) means (a) Nisga’a Government, as defined in the Nisga’a Final Agreement given effect by the Nisga’a Final Agreement Act; or (b) the council, as defined in the Westbank First Nation Self-Government Agreement given effect by the Westbank First Nation Self-Government Act. R.S., c. 44 (4th Supp.) Lobbyists Registration Act 17. Subsection 4(1) of the Lobbyists Registration Act is amended by adding the following after paragraph (d.2): (d.3) members of the council, as defined in the Westbank First Nation Self-Government Agreement given effect by the Westbank First Nation Self-Government Act, or persons on the staff of the council or of a member of the council; 2004 R.S., c. P-21 Autonomie gouvernementale de Privacy Act 18. (1) Paragraph 8(2)(f) of the Privacy Act is replaced by the following: (f) under an agreement or arrangement between the Government of Canada or an institution thereof and the government of a province, the council of the Westbank First Nation, the government of a foreign state, an international organization of states or an international organization established by the governments of states, or any institution of any such government or organization, for the purpose of administering or enforcing any law or carrying out a lawful investigation; 2000, c. 7, s. 26(2) (2) Subsection 8(7) of the Act is replaced by the following: Definition of “aboriginal government” (7) The expression “aboriginal government” in paragraph (2)(k) means (a) Nisga’a Government, as defined in the Nisga’a Final Agreement given effect by the Nisga’a Final Agreement Act; or (b) the council of the Westbank First Nation. Definition of “council of the Westbank First Nation” (8) The expression “council of the Westbank First Nation” in paragraphs (2)(f) and (7)(b) means the council, as defined in the Westbank First Nation Self-Government Agreement given effect by the Westbank First Nation SelfGovernment Act. 19. Subsection 19(1) of the Act is amended by striking out the word “or” at the end of paragraph (c), by adding the word “or” at the end of paragraph (d) and by adding the following after paragraph (d): (e) the council, as defined in the Westbank First Nation Self-Government Agreement given effect by the Westbank First Nation Self-Government Act. COORDINATING AMENDMENTS 2003, c. 10 20. (1) If subsection 3(1) of An Act to amend the Lobbyists Registration Act, chapter 10 of the Statutes of Canada, 2003 (the “other Act”), comes into force before the coming into force of section 17 of this Act, then C. 17 Westbank First Nati section 17 of this Act and the heading before it are repealed on the coming into force of subsection 3(1) of the other Act or on royal assent to this Act, whichever is later. (2) If subsection 3(1) of the other Act comes into force on or after the day on which section 17 of this Act comes into force, then paragraph 4(1)(d.3) of the Lobbyists Registration Act, as enacted by section 17 of this Act, is repealed on the coming into force of that subsection. Bill C-8 21. If Bill C-8, introduced in the 3rd session of the 37th Parliament and entitled the Library and Archives of Canada Act (the “other Act”), receives royal assent, then, on the later of the coming into force of section 4 of the other Act and paragraph 15(a) of this Act, paragraph 15(a) of this Act is replaced by the following: (a) the Library and Archives of Canada; COMING INTO FORCE Order 22. The provisions of this Act, other than sections 20 and 21, come into force on a day to be fixed by order of the Governor in Council. Published under authority of the Speaker of the House of Commons Available from: Public Works and Government Services Canada Ottawa, Ontario K1A 0S5 Available from: Public Works and Government Services Canada Ottawa, Ontario K1A 0S5

Third Session, Thirty-seventh Parliament, 52-53 Elizabeth II, 2004 STATUTES OF CANADA 2004 CHAPTER 16 An Act to amend certain Acts BILL C-17 ASSENTED TO 6th MAY, 2004 RECOMMENDATION Her Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled ‘‘An Act to amend certain Acts’’. SUMMARY This enactment amends and makes corrections to certain laws of Canada. ��� ������������� ������������ ��� ��������� �� ��� ������������� �������� ������������� �� ��� ��������� �������� ��������������������� TABLE OF PROVISIONS AN ACT TO AMEND CERTAIN ACTS SHORT TITLE 1. Amendments and Corrections Act, 2003 2-5. 6. Amendments to the Canada Customs and Revenue Agency Act Amendment to the Customs Act 7-8. Amendments to the Financial Administration Act 9. Amendment to the Importation of Intoxicating Liquors Act 10-17. Amendments to the Lieutenant Governors Superannuation Act 18. Amendment to the Modernization of Benefits and Obligations Act 19-24. Amendments to the National Round Table on the Environment and the Economy Act 24.1 Parliament of Canada Act: retroactive coming into force 25. Amendment to the Salaries Act 26-27. Amendments to the Supplementary Retirement Benefits Act CONSULAR FEES (SPECIALIZED SERVICES) REGULATIONS 28. Retroactive coming into force COORDINATING AMENDMENTS 29. Lieutenant Governors Superannuation Act 30-31. Bill C-25 COMING INTO FORCE 32. Coming into force 52-53 ELIZABETH II CHAPTER 16 An Act to amend certain Acts [Assented to 6th May, 2004] Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: SHORT TITLE Short title 1. This Act may be cited as the Amendments and Corrections Act, 2003. 1999, c. 17 CANADA CUSTOMS AND REVENUE AGENCY ACT Indemnisation 2. Section 21 of the French version of the Canada Customs and Revenue Agency Act is replaced by the following: 21. Les administrateurs et le commissaire délégué nommé en vertu du paragraphe 26(1) sont réputés être des agents de l’État pour l’application de la Loi sur l’indemnisation des agents de l’État et appartenir à l’administration publique fédérale pour l’application des règlements pris en vertu de l’article 9 de la Loi sur l’aéronautique. 3. The heading before section 25 of the French version of the Act is replaced by the following: Commissaire et commissaire délégué 4. Sections 26 to 29 of the French version of the Act are replaced by the following: Nomination et mandat du commissaire délégué 26. (1) Le gouverneur en conseil peut nommer un commissaire délégué des douanes et du revenu à titre amovible pour un mandat maximal de cinq ans. Celui-ci peut recevoir un ou plusieurs nouveaux mandats d’au plus cinq ans chacun. � C. 16 Amendments and C Attributions du commissaire délégué (2) Le commissaire délégué exerce les attributions que lui confie le commissaire. Absence ou empêchement du commissaire (3) En cas d’absence ou d’empêchement du commissaire ou de vacance de son poste, sa charge est assumée par le commissaire délégué. Absence ou empêchement 27. En cas d’absence ou d’empêchement du commissaire et du commissaire délégué ou de vacance de leur poste, le ministre peut confier à un employé de l’Agence les attributions du commissaire; cependant, l’intérim ne peut dépasser soixante jours sans l’approbation du gouverneur en conseil. Temps plein 28. (1) Le commissaire et le commissaire délégué assument leur charge à temps plein. Rémunération (2) L’Agence verse au commissaire et au commissaire délégué la rémunération que fixe le gouverneur en conseil. Frais de déplacement et de séjour 29. Le commissaire et le commissaire délégué sont indemnisés des frais de déplacement et de séjour entraînés par l’accomplissement de leurs fonctions hors de leur lieu habituel de travail. 5. Section 57 of the French version of the Act is replaced by the following: Activités politiques 57. Les articles 32 à 34 de la Loi sur l’emploi dans la fonction publique s’appliquent aux commissaire, commissaire délégué et employés de l’Agence. À ces fins, les commissaire et commissaire délégué sont réputés être des administrateurs généraux, et les employés, des fonctionnaires, au sens de l’article 2 de cette loi. R.S., c. 1 (2nd Supp.) CUSTOMS ACT 2001, c. 25, s. 36 6. Paragraph 43.1(1)(b) of the French version of the Customs Act is replaced by the following: b) s’agissant de marchandises exportées d’un pays ALÉNA, du Chili ou du Costa Rica, sur toute autre question portant sur l’application à celles-ci du paragraphe 1 de l’article 509 de l’ALÉNA, du paragraphe 1 de l’article E-09 de l’ALÉCC ou du paragraphe 1 de l’article V.9 ou du paragraphe 10 de l’article IX.2 de l’ALÉCCR , selon le cas; Loi modificative et r R.S., c. F-11 FINANCIAL ADMINISTRATION ACT 1991, c. 24, s. 29 7. Section 104.1 of the Financial Administration Act is replaced by the following: Definition of ‘‘officer-director’’ 104.1 In this Division, ‘‘officer-director’’, in respect of a parent Crown corporation, means the chairperson and the chief executive officer of the corporation, by whatever name called. Continuation in office Qualifications preserved 8. (1) Subsection 105(4) of the Act is replaced by the following: (4) Despite subsection (1), if a director of a parent Crown corporation is not appointed to take office on the expiration of the term of an incumbent director, other than an officer-director , the incumbent director continues in office until his or her successor is appointed. (2) Subsection 105(8) of the Act is replaced by the following: (8) Nothing in this section is to be construed as empowering the appointment or re-appointment as a director or officer-director of a parent Crown corporation, or the continuation in office as a director of a parent Crown corporation, of any person who does not meet any qualifications for the appointment, re-appointment or continuation established by any other Act of Parliament. R.S., c. I-3 IMPORTATION OF INTOXICATING LIQUORS ACT 2002, c. 22 9. Subparagraph 3(2)(e)(i) of the Importation of Intoxicating Liquors Act, as enacted by subsection 411(7) of the Excise Act, 2001, is replaced by the following: (i) are entitled to the benefit of the Costa Rica Tariff in the List of Tariff Provisions set out in the schedule to the Customs Tariff, and � R.S., c. L-8 C. 16 Amendments and C LIEUTENANT GOVERNORS SUPERANNUATION ACT 10. (1) The definition ‘‘disabled’’ in section 2 of the Lieutenant Governors Superannuation Act is repealed. (2) The definition ‘‘contributor’’ in section 2 of the Act is replaced by the following: ‘‘contributor’’ « contributeur » ‘‘contributor’’ means (a) a Lieutenant Governor who is required by subsection 4(1) to contribute to the Consolidated Revenue Fund and includes (i) a Lieutenant Governor who has ceased to be required to so contribute by reason of subsection 4(2), and (ii) a Lieutenant Governor who has ceased to hold office as the lieutenant governor of a province and who has become entitled to an immediate pension or a deferred pension under this Act, (b) a person who is required by subsection 4.1(3) to contribute to the Consolidated Revenue Fund, or (c) a person who is no longer required by subsection 4.1(3) to contribute to the Consolidated Revenue Fund by reason of the expiry of the period referred to in that subsection and who has, on the expiry of that period, become entitled to an immediate pension or a deferred pension under this Act; 2000, c. 12, s. 170 (3) Subparagraph (a)(ii) of the definition ‘‘survivor’’ in section 2 of the Act is replaced by the following: (ii) in the case of a former Lieutenant Governor, to him or her immediately before the later of the day on which he or she ceased to be a Lieutenant Governor and the day on which he or she ceased to contribute under subsection 4.1(3) , or 2004 2000, c. 12, s. 170 Loi modificative et r (4) Subparagraph (b)(ii) of the definition ‘‘survivor’’ in section 2 of the Act is replaced by the following: (ii) in the case of a former Lieutenant Governor, with him or her immediately before the later of the day on which he or she ceased to be a Lieutenant Governor and the day on which he or she ceased to contribute under subsection 4.1(3). 11. (1) The portion of subsection 3(1) of the Act before subparagraph (a)(i) is replaced by the following: Pension to Lieutenant Governor 3. (1) Every contributor who has contributed under this Act for five consecutive years is, subject to this Act, (a) entitled on the later of the day on which he or she ceases to hold office as the lieutenant governor of a province and the day on which he or she ceases to contribute under subsection 4.1(3), (2) Subsections 3(2) to (4) of the Act are replaced by the following: Amount of pension (2) Subject to this Act, the pension to which a contributor is entitled under this section is (a) three-tenths of the average salary received by him or her during the last five years of his or her service as the lieutenant governor of a province; or (b) in the case of a contributor to whom section 4.1 applies, three-tenths of the average salary on which his or her contributions under this Act were based. Option deemed to be exercised (3) If under subsection (1) a contributor is entitled to a deferred pension or a return of contributions at his or her option and he or she fails to exercise the option within six months after the later of the day on which he or she ceases to hold office as the lieutenant governor of a province and the day on which he or she ceased to contribute under subsection 4.1(3) , he or she is deemed to have exercised the option in favour of a deferred pension. � Return of contributions C. 16 Amendments and C (4) Every contributor who, on the later of the day on which he or she ceases to hold office as the lieutenant governor of a province and the day on which he or she ceases to contribute under subsection 4.1(3) , is not entitled to a pension under subsection (1) is, on that later date , entitled to a return of the total contributions made by him or her under this Part, together with interest, if any, calculated under subsection (5). (3) Paragraph 3(5)(b) of the Act is replaced by the following: (b) calculate interest at the rate of four per cent compounded annually on the aggregate amount in respect of each contribution year from December 31 of that year to December 31 of the year immediately preceding the later of the year in which the contributor ceased to hold office as the lieutenant governor of a province and the year in which the contributor ceased to contribute under subsection 4.1(3). (4) Section 3 of the Act is amended by adding the following after subsection (5): Meaning of ‘‘disabled’’ (6) In this section, ‘‘disabled’’ means afflicted with a permanent infirmity that renders the contributor incapable of performing the duties and functions of his or her office or incapable of pursuing regularly any substantially gainful occupation commensurate with his or her qualifications. 1991, c. 31, s. 242 12. Subsection 4(3) of the Act is replaced by the following: Income Tax Act (3) For the purposes of the Income Tax Act, the amount contributed under subsection (1) or 4.1(3) is deemed to be contributed to or under a registered pension plan. 13. The Act is amended by adding the following after section 4: Contributor deemed to be lieutenant governor 4.1 (1) A contributor who ceases to hold office as the lieutenant governor of a province by reason of having become disabled is deemed, for the purposes of this Act, to remain a lieutenant governor of a province for the period referred to in subsection (2) if Loi modificative et r (a) at the time of ceasing to hold office, he or she had not contributed under this Act in respect of five years of service as the lieutenant governor of a province; and (b) he or she becomes entitled to (i) long-term disability insurance benefits under the terms of the Public Service Management Insurance Plan, or (ii) a disability allowance under section 5 of the Salaries Act. Duration of deeming (2) The contributor is deemed to remain a lieutenant governor of a province during the period that commences on the day on which he or she ceased to hold office by reason of having become disabled and ends on the earliest of the day (a) on which he or she dies, (b) on which he or she ceases to be entitled to long-term disability insurance benefits under the terms of the Public Service Management Insurance Plan unless he or she immediately becomes entitled to a disability allowance under section 5 of the Salaries Act, (c) on which he or she ceases to be entitled to a disability allowance under section 5 of the Salaries Act, and (d) that is five years after the day on which he or she commenced to hold office as the lieutenant governor of a province. Contribution (3) During the period referred to in subsection (2), the contributor shall contribute to the Consolidated Revenue Fund six per cent of the salary that he or she would have been paid if he or she had remained a lieutenant governor of a province. Manner of payment (4) The contributions that the contributor is required to make under subsection (3) are to be (a) remitted directly by the contributor on a monthly, quarterly, semi-annual or annual � C. 16 Amendments and C basis if he or she becomes entitled to long-term disability insurance benefits under the Public Service Management Insurance Plan; or (b) made by reservation from the disability allowance payable to him or her under section 5 of the Salaries Act. 14. (1) Subsection 5(1) of the French version of the Act is replaced by the following: Choix de ne pas contribuer sous le régime de l’article 4 5. (1) Un lieutenant-gouverneur peut choisir, par écrit, dans les six mois qui suivent sa nomination à la charge de lieutenant-gouverneur d’une province, de ne pas contribuer sous le régime de l’article 4 et, s’il fait ce choix, il n’est pas tenu, malgré l’article 4, de contribuer sous le régime de cet article. 2000, c. 12, s. 172 (2) Subsection 5(4) of the Act is replaced by the following: Sections do not apply (4) Sections 3 to 4.1 do not apply to a Lieutenant Governor who has made an election under this section and sections 7 and 8 do not apply to the survivor of a Lieutenant Governor who has made an election under this section. 15. The heading before section 7 and sections 7 to 9 of the Act are replaced by the following: Survivors Pension of survivor 7. (1) If a contributor who has ceased to hold office as the lieutenant governor of a province, or who has ceased to contribute under subsection 4.1(3) , but who is entitled to be paid an immediate pension or a deferred pension under section 3 dies, his or her survivor is to be paid a pension equal to one half of the immediate pension or deferred pension to which the contributor was entitled under that section. Pension of survivor (2) If a contributor who has ceased to be required to contribute under subsection 4(1) by reason of subsection 4(2) dies while holding office as the lieutenant governor of a province, his or her survivor is to be paid a Loi modificative et r pension equal to one half of the immediate pension or deferred pension to which the contributor would have become entitled under section 3 had he or she , immediately prior to his or her death, ceased, for any reason other than death, to hold office as the lieutenant governor of the province. Apportionment when two survivors (3) If a pension is payable under subsection (1) or (2) and there are two survivors of the contributor, the total amount of the pension is to be apportioned so that (a) the survivor referred to in paragraph (a) of the definition ‘‘survivor’’ in section 2 receives an amount, if any, equal to the total amount less any amount determined under paragraph (b) of this subsection; and (b) the survivor referred to in paragraph (b) of that definition receives an amount equal to that proportion of the total amount that the number of years that the survivor cohabited with the contributor while the contributor was a lieutenant governor of a province is of the number of years that the contributor was a lieutenant governor of a province. Inclusion (4) For the purposes of paragraph (3)(b), the period during which a contributor contributed under subsection 4.1(3) is to be included in determining the number of years that he or she was a lieutenant governor of a province. Years (5) In determining a number of years for the purpose of paragraph (3)(b), a part of a year is to be counted as a full year if the part is six or more months and ignored if it is less. Commencement of pension to survivor (6) A pension that is payable under this section to a survivor of a contributor commences to be payable immediately after the death of the contributor. Return of contributions to survivor 8. (1) If a contributor dies while holding office as the lieutenant governor of a province or while being required to contribute under subsection 4.1(3) and his or her survivor is not entitled to a pension under section 7, his or her survivor is to be paid the total amount of the �� C. 16 Amendments and C contributions made by the contributor under this Part, together with interest, if any, calculated under subsection 3(5). Apportionment when two survivors (2) If a return of contributions is payable under subsection (1) and there are two survivors of the contributor, the total amount of the return of contributions is to be apportioned so that (a) the survivor referred to in paragraph (a) of the definition ‘‘survivor’’ in section 2 receives an amount, if any, equal to the total amount less any amount determined under paragraph (b) of this subsection; and (b) the survivor referred to in paragraph (b) of that definition receives an amount equal to that proportion of the total amount that the number of years that the survivor cohabited with the contributor while the contributor was a lieutenant governor of a province is of the number of years that the contributor was a lieutenant governor of a province. Inclusion (3) For the purposes of paragraph (2)(b), the period during which a contributor contributed under subsection 4.1(3) is to be included in determining the number of years that he or she was a lieutenant governor of a province. Years (4) In determining a number of years for the purpose of paragraph (2)(b), a part of a year is to be counted as a full year if the part is six or more months and ignored if it is less. Death Benefit 9. If , on the death of a contributor, there is no survivor to whom a pension or return of contributions under this Act may be paid, or if the contributor’s survivor dies, any amount by which the total amount of the contributions made by the contributor under this Part, together with interest, if any, calculated under subsection 3(5), exceeds the total amount paid to the contributor and his or her survivor under Loi modificative et r this Part is to be paid, as a death benefit, to the contributor’s estate or succession or, if less than $1,000, as the President of the Treasury Board may direct. 16. Paragraph 11(b) of the Act is replaced by the following: (b) prescribing the medical examination to be required to determine whether a contributor is disabled for the purposes of section 3 ; and 17. Section 13 of the Act is renumbered as subsection 13(1) and is amended by adding the following: Exception (2) Despite subsection (1), a person to whom subsection 4.1(1) applies is required, in respect of the period referred to in subsection 4.1(2), to contribute to the Supplementary Retirement Benefits Account one per cent of the salary that he or she would have been paid during that period if the person had continued to hold office as a lieutenant governor of a province. Manner of payment (3) The contributions that the contributor is required to make under subsection (2) are to be (a) remitted directly by the contributor on a monthly, quarterly, semi-annual or annual basis if he or she becomes entitled to long-term disability insurance benefits under the Public Service Management Insurance Plan; or (b) made by reservation from the disability allowance payable to him or her under section 5 of the Salaries Act. 2000, c. 12 MODERNIZATION OF BENEFITS AND OBLIGATIONS ACT 18. Section 174 of the Modernization of Benefits and Obligations Act is replaced by the following: 174. The Act is amended by adding the following after section 8 : �� C. 16 Amendments and C Election for former Lieutenant Governor 8.1 (1) If the person to whom a former Lieutenant Governor is married or with whom he or she is cohabiting in a relationship of a conjugal nature, having so cohabited for a period of at least one year, would not be entitled to a pension under section 7 in the event of the former Lieutenant Governor’s death, the former Lieutenant Governor may make an election, in accordance with the regulations, to reduce the amount of the pension to which he or she is entitled in order that the person could become entitled to a pension under subsection (2). Payment (2) A person referred to in subsection (1) is entitled to a pension in an amount determined in accordance with the election and the regulations if the former Lieutenant Governor dies and the election is not revoked or deemed to have been revoked, and the person was married to the former Lieutenant Governor at the time of his or her death, or was cohabiting with the former Lieutenant Governor in a relationship of a conjugal nature for a period of at least one year immediately before his or her death. No entitlement (3) A person who is entitled to receive a pension under section 7 after the former Lieutenant Governor’s death is not entitled to a pension under subsection (2) in respect of that former Lieutenant Governor. 1993, c. 31 NATIONAL ROUND TABLE ON THE ENVIRONMENT AND THE ECONOMY ACT 19. (1) The definition ‘‘Executive Director’’ in section 2 of the National Round Table on the Environment and the Economy Act is repealed. (2) Section 2 of the Act is amended by adding the following in alphabetical order: ‘‘President’’ « présidentdirecteur général » ‘‘President’’ means the President of the Round Table appointed under section 10; 20. Subsections 9(1) and (2) of the Act are replaced by the following: Loi modificative et r Executive committee 9. (1) There shall be an executive committee of the Round Table consisting of the Chairperson and the President and not fewer than five or more than seven other members of the Round Table to be appointed by the members for any term of office that they consider appropriate. Functions of executive committee (2) The executive committee shall assist the President in supervising the work of the Round Table and shall perform the duties and functions that are imposed, or exercise the powers that are conferred, on the executive committee by or under the by-laws or resolutions of the Round Table. 21. Section 10 of the Act and the heading before it are replaced by the following: PRESIDENT President 10. (1) There shall be a President of the Round Table, who shall be appointed by the Governor in Council, on the recommendation of the Minister, to hold office during pleasure for a term of not more than five years. Chief executive officer (2) The President is the chief executive officer of the Round Table and has supervision over and direction of the work and staff of the Round Table and shall perform the duties and functions that are imposed, or exercise the powers that are conferred, on the President by or under the by-laws or resolutions of the Round Table. Reappointment (3) The President is eligible for reappointment. Absence or incapacity (4) If the President is absent or unable to act or the office of President is vacant, the executive committee may authorize an employee of the Round Table to act as President. 22. Subsection 12(2) of the Act is replaced by the following: President’s salary (2) The President is to be paid the salary or other remuneration that the Governor in Council may fix. �� President’s expenses Compensation C. 16 Amendments and C 23. Subsection 13(2) of the Act is replaced by the following: (2) The President is entitled to be paid reasonable travel and living expenses incurred by him or her in performing duties under this Act. 24. Section 21 of the Act is replaced by the following: 21. The President and employees of the Round Table are deemed to be employees for the purposes of the Government Employees Compensation Act and to be employed in the public service of Canada for the purposes of any regulations made under section 9 of the Aeronautics Act. R.S., c. P-1 PARLIAMENT OF CANADA ACT Retroactive coming into force 24.1 Despite Order in Council P.C. 2003-1118 of July 24, 2003 and registered as SI/2003-142, paragraphs 60(g) and (h) of the Parliament of Canada Act, as enacted by subsection 10(2) of An Act to amend the Members of Parliament Retiring Allowances Act and the Parliament of Canada Act, being chapter 16 of the Statutes of Canada, 2003, are deemed to have come into force on January 1, 2001. R.S., c. S-3 SALARIES ACT 25. The Salaries Act is amended by adding the following after section 4: DISABILITY ALLOWANCE AND OTHER BENEFITS FOR FORMER LIEUTENANT GOVERNORS Entitlement to disability allowance 5. (1) A lieutenant governor who resigns by reason of disability, and who has not contributed under the Lieutenant Governors Superannuation Act in respect of five years of service, may elect to receive an annual disability allowance equal to 70% of his or her annual salary on the date of resignation if, at the time of resignation, he or she is (a) 65 years of age or over; and (b) incapable, because of the disability, of performing his or her duties. Loi modificative et r Entitlement to disability allowance (2) A former lieutenant governor who is in receipt of long-term disability insurance benefits under the Public Service Management Insurance Plan immediately before reaching the age of 65 years, and who has not contributed under the Lieutenant Governors Superannuation Act in respect of five years of service, is entitled, on becoming 65 years of age, to receive an annual disability allowance equal to 70% of his or her annual salary at the time he or she resigned as lieutenant governor. Adjustments (3) The disability allowance is to be adjusted to take into account changes in the annual salary on which it was based. Duration of allowance (4) The disability allowance is to be paid until the earlier of (a) the day on which the recipient of the allowance dies, and (b) the day that is five years after the day on which he or she commenced to hold office as lieutenant governor. Exception (5) This section does not apply to a lieutenant governor who has elected under section 5 of the Lieutenant Governors Superannuation Act not to contribute pursuant to section 4 of that Act. Regulations 6. (1) The Governor in Council may make regulations respecting disability allowances, including regulations respecting (a) the determination of eligibility for disability allowances and medical examinations that are required; (b) elections to receive disability allowances and the revocation of elections; and (c) the administration and payment of disability allowances. Retroactive regulations (2) Regulations made under subsection (1) may, if they so provide, be retroactive. R.S., c. S-24 SUPPLEMENTARY RETIREMENT BENEFITS ACT 26. (1) Section 4 of the Supplementary Retirement Benefits Act is amended by adding the following after subsection (5): �� Exception in relation to retirement year or month C. 16 Amendments and C (6) Despite subsection (5), the retirement year or retirement month of a person who is required to contribute under subsection 4.1(3) of the Lieutenant Governors Superannuation Act is, for the purposes of this section, the year or month, as the case may be, in which that person ceased to contribute under that Act. (2) Section 4 of the Act is amended by adding the following after subsection (8): Deeming (9) Despite paragraph (8)(a), a person who is required to contribute under subsection 4.1(3) of the Lieutenant Governors Superannuation Act is, for the purposes of that paragraph, deemed to have ceased to hold office on the day on which he or she ceased to contribute under that Act. 27. Section 6 of the Act is amended by adding the following after subsection (2): Deeming SOR/2003-30 Retroactive coming into force (3) Despite subsection (2), a person who is required to contribute under subsection 4.1(3) of the Lieutenant Governors Superannuation Act is, for the purposes of subsection (2), deemed to have ceased to contribute in respect of current service on the day on which he or she ceased to contribute under that Act. CONSULAR FEES (SPECIALIZED SERVICES) REGULATIONS 28. The Consular Fees (Specialized Services) Regulations, made by Order in Council P.C. 2003-4 of January 23, 2003 and registered as SOR/2003-30, are deemed for all purposes to have been made on April 1, 1998, and everything done under, and all consequences flowing from, those Regulations since April 1, 1998 are deemed effective as if those Regulations had been made on that date. Loi modificative et r COORDINATING AMENDMENTS Lieutenant Governors Superannuation Act R.S., c. L-8 29. On the later of the coming into force of subsection 5(4) of the Lieutenant Governors Superannuation Act, as enacted by subsection 14(2) of this Act, and section 174 of the Modernization of Benefits and Obligations Act, as enacted by section 18 of this Act, subsection 5(4) of the Lieutenant Governors Superannuation Act is replaced by the following: Sections do not apply (4) Sections 3 to 4.1 do not apply to a Lieutenant Governor who has made an election under this section and sections 7 to 8.1 do not apply to the survivor of a Lieutenant Governor who has made an election under this section. Bill C-25 1999, c. 17 30. If Bill C-25, introduced in the 2nd Session of the 37th Parliament and entitled the Public Service Modernization Act, receives royal assent, then, on the later of the coming into force of section 230 of that Act and the coming into force of section 5 of this Act, section 57 of the French version of the Canada Customs and Revenue Agency Act is replaced by the following: Activités politiques 57. La partie 7 de la Loi sur l’emploi dans la fonction publique s’applique aux commissaire, commissaire délégué et employés de l’Agence. Pour l’application de cette partie, les commissaire et commissaire délégué sont réputés être des administrateurs généraux, au sens du paragraphe 2(1) de cette loi, et les employés, des fonctionnaires, au sens du paragraphe 2(1) de cette loi. 1993, c. 31 31. If Bill C-25, introduced in the 2nd Session of the 37th Parliament and entitled the Public Service Modernization Act, receives royal assent, then, on the later of the coming into force of paragraph 224(z.58) of that Act and the coming into force of section �� C. 16 Amendments and C 24 of this Act, section 21 of the English version of the National Round Table on the Environment and the Economy Act is replaced by the following: Compensation 21. The President and employees of the Round Table are deemed to be employees for the purposes of the Government Employees Compensation Act and to be employed in the federal public administration for the purposes of any regulations made under section 9 of the Aeronautics Act. COMING INTO FORCE Coming into force Coming into force Coming into force 32. (1) Section 6 is deemed to have come into force on April 1, 2003. (2) Section 9 comes into force or is deemed to have come into force on the coming into force of subsection 395(2) of the Excise Act, 2001. (3) Sections 10 to 17 and 25 to 27 come into force on a day or days to be fixed by order of the Governor in Council. Published under authority of the Speaker of the House of Commons Available from: ������ ����� ��� ���������� �������� ������ Ottawa, Ontario K1A 0S5 ��������� ����� ������ ����� ��� ���������� �������� ������ ������� ������� ��� ���

Third Session, Thirty-seventh Parliament, 52-53 Elizabeth II, 2004 STATUTES OF CANADA 2004 CHAPTER 9 An Act to amend the Hazardous Products Act (firesafe cigarettes) BILL C-260 ASSENTED TO 31st MARCH, 2004 SUMMARY This enactment amends the Hazardous Products Act by adding to the list of prohibited products cigarettes that do not meet the flammability standard to be set out in the regulations. All parliamentary publications are available on the Parliamentary Internet Parlementaire at the following address: http://www.parl.gc.ca 52-53 ELIZABETH II _________ CHAPTER 9 An Act to amend the Hazardous Products Act (fire-safe cigarettes) [Assented to 31st March, 2004] R.S., 1985, c. H-3 Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: 1997, c. 9, s. 104, c. 13, s. 61 1. Subsection 3(2) of the Hazardous Products Act is replaced by the following: Restrictions on application (2) This Part does not apply to the advertising, sale or importation of a tobacco product as defined in section 2 of the Tobacco Act or the advertising of lighters or matches that display a tobacco product-related brand element, except to the extent that a cigarette described in item 41 of Part I of Schedule I is a prohibited product. Minister to report to Parliament (3) If the Governor in Council does not make a regulation under paragraph 5(b.1) on or before June 30, 2004, (a) the Minister shall prepare a report; (b) the Minister shall cause a copy of the report to be tabled in each House of Parliament on any of the first ten days on which that House is sitting after June 30, 2004; and (c) each House shall refer the report to the appropriate Committee of that House. C. 9 Report to explain why no regulation Hazardous Pr (4) The report is to include (a) an explanation as to why the regulation has not been made; (b) a schedule for the making of the regulation; (c) a list of the safe-cigarette legislation in force in North America; and (d) summaries of any scientific studies that have been reviewed by the Minister during the process of establishing the flammability standards to be used to test cigarettes. R.S., c. 24 (3rd Supp.), s. 1 2. Section 5 of the Act is amended by striking out the word “and” at the end of paragraph (b) and by adding the following after paragraph (b): (b.1) prescribing the method and flammability standard to be used to test cigarettes; and 3. Part I of Schedule I of the Act is amended by adding the following in numerical order: 41. Cigarettes that, when tested in accordance with the method set out in the regulations, do not meet the requirements of the flammability standard set out in the regulations. 4. This Act comes into force on December 31, 2004. Published under authority of the Speaker of the House of Commons Available from: Communication Canada – Canadian Government Publishing, Ottawa, Canada K1A 0S9 Available from: Communication Canada — Canadian Government Publishing, Ottawa, Ontario K1A 0S9

Third Session, Thirty-seventh Parliament, 52-53 Elizabeth II, 2004 STATUTES OF CANADA 2004 CHAPTER 14 An Act to amend the Criminal Code (hate propaganda) BILL C-250 ASSENTED TO 29th APRIL, 2004 SUMMARY This enactment expands the definition “identifiable group” relating to the area of hate propaganda in the Criminal Code to include any section of the public distinguished by sexual orientation. All parliamentary publications are available on the Parliamentary Internet Parlementaire at the following address: http://www.parl.gc.ca 52-53 ELIZABETH II _________ CHAPTER 14 An Act to amend the Criminal Code (hate propaganda) [Assented to 29th April, 2004] R.S., c. C-46 Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: 1. Subsection 318(4) of the Criminal Code is replaced by the following: Definition of “identifiable group” (4) In this section, “identifiable group” means any section of the public distinguished by colour, race, religion, ethnic origin or sexual orientation. 2. Paragraph 319(3)(b) of the Act is replaced by the following: (b) if, in good faith, the person expressed or attempted to establish by an argument an opinion on a religious subject or an opinion based on a belief in a religious text; Published under authority of the Speaker of the House of Commons Available from: Communication Canada – Canadian Government Publishing, Ottawa, Canada K1A 0S9 Available from: Communication Canada — Canadian Government Publishing, Ottawa, Ontario K1A 0S9

Third Session, Thirty-seventh Parliament, 52-53 Elizabeth II, 2004 STATUTES OF CANADA 2004 CHAPTER 15 An Act to amend certain Acts of Canada, and to enact measures for implementing the Biological and Toxin Weapons Convention, in order to enhance public safety BILL C-7 ASSENTED TO 6th MAY, 2004 RECOMMENDATION Her Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled ‘‘An Act to amend certain Acts of Canada, and to enact measures for implementing the Biological and Toxin Weapons Convention, in order to enhance public safety’’. SUMMARY This enactment amends certain Acts of Canada, and enacts the Biological and Toxin Weapons Convention Implementation Act, in order to enhance public safety. Part 1 amends the Aeronautics Act to enhance the scope and objectives of the existing aviation security regime. The amendments permit the Minister and delegated officers to make emergency directions of no more than 72 hours duration in order to provide an immediate response to situations involving aviation security, and they permit the Minister to delegate to his or her deputy, for the same purpose, the power to make security measures. They clarify and expand the regulationmaking power relating to screening. They require air carriers or operators of aviation reservation systems to provide information concerning specified flights or persons. They also require them to provide information for transportation security purposes and national security purposes. They create a new offence concerning passengers who are unruly or who jeopardize the safety or security of an aircraft in flight. They provide a legislative basis for security clearances. They also authorize the making of regulations that require the establishment of security management systems by the Canadian Air Transport Security Authority and by air carriers and operators of aerodromes and other aviation facilities. Part 2 amends the definitions of ‘‘screening’’ and ‘‘screening point’’ in the Canadian Air Transport Security Authority Act to include emergency directions made under the Aeronautics Act. It also permits the Authority to enter into agreements with operators of designated aerodromes respecting the sharing of policing costs. ��� ������������� ������������ ��� ��������� �� ��� ������������� �������� ������������� �� ��� ��������� �������� ��������������������� Part 3 amends the Canadian Environmental Protection Act, 1999 to authorize the Minister to make an interim order under Part 8 of that Act if the appropriate Ministers believe that immediate action is required to deal with a significant danger to the environment or to human life or health. Part 4 adds a new offence to the Criminal Code for communicating information or committing any act that is likely to lead others to falsely believe that terrorist activity is occurring, with the intention of causing persons to fear death, bodily harm, substantial damage to property or serious interference with the lawful use or operation of property. Part 5 amends the Department of Citizenship and Immigration Act to permit the Minister to enter into agreements or arrangements to share information with a province or group of provinces, foreign governments or international organizations. Part 6 amends the Department of Health Act to authorize the Minister to make an interim order if the Minister believes that there is a significant risk to health or safety and immediate action is required to deal with the risk. Part 7 amends the Explosives Act to implement the Organization of American States Inter-American Convention Against the Illicit Manufacturing of and Trafficking in Firearms, Ammunition, Explosives, and Other Related Materials as it relates to explosives and ammunition. It prohibits the illicit manufacturing of explosives, and illicit trafficking in explosives. It allows for increased control over the importation, exportation, transportation through Canada, acquisition, possession and sale of explosives and certain components of explosives, and provides increased penalties for certain offences. Part 8 amends the Export and Import Permits Act by providing for control over the export and transfer of technology, as defined, in addition to control over the export of goods as provided for in the Export and Import Permits Act at present. It also authorizes the Minister of Foreign Affairs to address security concerns when considering applications for permits to export or transfer goods or technology. Part 9 amends the Food and Drugs Act to authorize the Minister to make an interim order if the Minister believes that there is a significant risk to health, safety or the environment and immediate action is required to deal with the risk. Part 10 amends the Hazardous Products Act to authorize the Minister to make an interim order if the Minister believes that there is a significant risk to health or safety and immediate action is required to deal with the risk. Part 11 amends the Immigration and Refugee Protection Act to allow for the making of regulations relating to the collection, retention, disposal and disclosure of information for the purposes of that Act. The amendments also allow for the making of regulations providing for the disclosure of information for the purposes of national security, the defence of Canada or the conduct of international affairs. Part 12 amends the Marine Transportation Security Act to permit the Minister to enter into agreements respecting security of marine transportation and to make contributions or grants in respect of actions that enhance security on vessels or at marine facilities. Part 13 amends the National Defence Act to allow for the identification and prevention of the harmful unauthorized use of, or interference with, computer systems and networks of the Department of National Defence or the Canadian Forces, and to ensure the protection of those systems and networks. The amendments also clarify the provisions dealing with active service and the definition of ‘‘emergency’’. In cases of aid to the civil power, the amendments allow the Minister to provide direction to the Chief of the Defence Staff on how to respond to provincial requisitions. The amendments provide for a member of the reserve force who is called out on service during an emergency to be reinstated with their former employer at the conclusion of the period of call out. The amendments also establish the Reserve Military Judges Panel, thus making it possible to increase, according to the needs of the military justice system, the number of officers who can be selected to hear military cases. Part 14 amends the National Energy Board Act by extending the powers and duties of the National Energy Board to include matters relating to the security of pipelines and international power lines. It authorizes the Board, with the approval of the Governor in Council, to make regulations respecting the security of pipelines and international power lines. It provides the Board with authority to waive the requirement to publish notice of certain applications in the Canada Gazette if there is a critical shortage of electricity. It authorizes the Board to take measures in its proceedings and orders to ensure the confidentiality of information that could pose a risk to security, in particular the security of pipelines and international power lines. Part 15 amends the Navigable Waters Protection Act to authorize the Minister to make an interim order if the Minister believes that there is a significant risk to safety or security and immediate action is required to deal with the risk. Part 16 amends the Office of the Superintendent of Financial Institutions Act by authorizing the Superintendent of Financial Institutions to disclose to the Financial Transactions and Reports Analysis Centre of Canada information related to compliance by financial institutions with Part 1 of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act. Part 17 amends the Personal Information Protection and Electronic Documents Act to permit the collection and use of personal information for reasons of national security, the defence of Canada or the conduct of international affairs, or when the disclosure of the information is required by law. Part 18 amends the Pest Control Products Act to authorize the Minister to make an interim order if the Minister believes that there is a significant risk to health, safety or the environment and immediate action is required to deal with the risk. Part 19 amends the Proceeds of Crime (Money Laundering) and Terrorist Financing Act by extending the types of government databases from which the Financial Transactions and Reports Analysis Centre of Canada (FINTRAC) may collect information considered relevant to money laundering or terrorist financing to include national security databases. The amendments also authorize FINTRAC to exchange information related to compliance with Part 1 of that Act with regulators and supervisors of persons and entities subject to that Act, in order to facilitate FINTRAC’s compliance responsibilities under that Act. Part 20 amends the Quarantine Act to authorize the Minister to make an interim order if the Minister believes that there is a significant risk to health or safety and immediate action is required to deal with the risk. Part 21 amends the Radiation Emitting Devices Act to authorize the Minister to make an interim order if the Minister believes that there is a significant risk to health or safety and immediate action is required to deal with the risk. Part 22 amends the Canada Shipping Act and the Canada Shipping Act, 2001 to authorize the appropriate Minister or Ministers to make an interim order if the Minister or Ministers believe that there is a significant risk to safety, security or the environment and immediate action is required to deal with the risk. Part 23 enacts the Biological and Toxin Weapons Convention Implementation Act. TABLE OF PROVISIONS AN ACT TO AMEND CERTAIN ACTS OF CANADA, AND TO ENACT MEASURES FOR IMPLEMENTING THE BIOLOGICAL AND TOXIN WEAPONS CONVENTION, IN ORDER TO ENHANCE PUBLIC SAFETY SHORT TITLE 1. Public Safety Act, 2002 PART 1 2-23. AERONAUTICS ACT Amendments to the Aeronautics Act PART 2 CANADIAN AIR TRANSPORT SECURITY AUTHORITY ACT 24-25. Amendments to the Canadian Air Transport Security Authority Act PART 3 CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999 26-31. Amendments to the Canadian Environmental Protection Act, 1999 PART 4 32. CRIMINAL CODE Amendment to the Criminal Code PART 5 DEPARTMENT OF CITIZENSHIP AND IMMIGRATION ACT 33. Amendment to the Department of Citizenship and Immigration Act PART 6 DEPARTMENT OF HEALTH ACT 34. Amendment to the Department of Health Act �� PART 7 EXPLOSIVES ACT 35-51. Amendments to the Explosives Act PART 8 EXPORT AND IMPORT PERMITS ACT 52-65. Amendments to the Export and Import Permits Act PART 9 FOOD AND DRUGS ACT 66. Amendment to the Food and Drugs Act PART 10 HAZARDOUS PRODUCTS ACT 67-69. Amendments to the Hazardous Products Act PART 11 IMMIGRATION AND REFUGEE PROTECTION ACT 70-72. Amendments to the Immigration and Refugee Protection Act PART 12 MARINE TRANSPORTATION SECURITY ACT 73. Amendment to the Marine Transportation Security Act PART 13 NATIONAL DEFENCE ACT 74-81. Amendments to the National Defence Act PART 14 NATIONAL ENERGY BOARD ACT 82-93. Amendments to the National Energy Board Act �� PART 15 NAVIGABLE WATERS PROTECTION ACT 94-96. Amendments to the Navigable Waters Protection Act PART 16 OFFICE OF THE SUPERINTENDENT OF FINANCIAL INSTITUTIONS ACT 97. Amendment to the Office of the Superintendent of Financial Institutions Act PART 17 PERSONAL INFORMATION PROTECTION AND ELECTRONIC DOCUMENTS ACT 98. Amendments to the Personal Information Protection and Electronic Documents Act PART 18 PEST CONTROL PRODUCTS ACT 99. Amendment to the Pest Control Products Act PART 19 PROCEEDS OF CRIME (MONEY LAUNDERING) AND TERRORIST FINANCING ACT 100-101. Amendments to the Proceeds of Crime (Money Laundering) and Terrorist Financing Act PART 20 QUARANTINE ACT 102. Amendment to the Quarantine Act PART 21 RADIATION EMITTING DEVICES ACT 103. Amendment to the Radiation Emitting Devices Act �� PART 22 CANADA SHIPPING ACTS 104. Amendment to the Canada Shipping Act 105. Amendment to the Canada Shipping Act, 2001 PART 23 BIOLOGICAL AND TOXIN WEAPONS CONVENTION 106. Enactment of Act AN ACT TO IMPLEMENT THE CONVENTION ON THE PROHIBITION OF THE DEVELOPMENT, PRODUCTION AND STOCKPILING OF BACTERIOLOGICAL (BIOLOGICAL) AND TOXIN WEAPONS AND ON THEIR DESTRUCTION SHORT TITLE 1. Biological and Toxin Weapons Convention Implementation Act IMPLEMENTATION OF CONVENTION 2. Definition of ‘‘Minister’’ 3. Purpose of Act 4. Publication of amendments 5. Act binding on Her Majesty 6. Prohibition 7. Authorization under regulations ENFORCEMENT 8. Responsible authority 9. Designation of inspectors 10. Certificates of designation 11. Entry and inspection 12. Detention, forfeiture and disposal 13. Obstruction and false statements 14. Punishment 15. Continuing offence 16. Jurisdiction INFORMATION AND DOCUMENTS 17. Information and documents 18. Notice for disclosure of information 19. Confidential information � REGULATIONS 20. Powers of Governor in Council PART 24 CONSEQUENTIAL, COORDINATING AND COMMENCEMENT PROVISIONS Consequential Amendments 107. Access to Information Act 108. Criminal Code 109-110. Repeals Coordinating Amendments 111. Transportation Appeal Tribunal of Canada Act 111.1 Pest Control Products Act Coming into Force 112. Coming into force SCHEDULE 52-53 ELIZABETH II CHAPTER 15 An Act to amend certain Acts of Canada, and to enact measures for implementing the Biological and Toxin Weapons Convention, in order to enhance public safety [Assented to 6th May, 2004] Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: SHORT TITLE Short title 1. This Act may be cited as the Public Safety Act, 2002. PART 1 R.S., c. A-2 AERONAUTICS ACT 2. (1) The definition ‘‘textes d’application’’ in subsection 3(1) of the French version of the Aeronautics Act is repealed. 1992, c. 4, s. 1(3)(F) (2) The definition ‘‘Canadian aviation document’’ in subsection 3(1) of the Act is replaced by the following: ‘‘Canadian aviation document’’ « document d’aviation canadien » ‘‘Canadian aviation document’’ means, subject to subsection (3), any licence, permit, accreditation, certificate or other document issued by the Minister under Part I to or with respect to any person or in respect of any aeronautical product, aerodrome, facility or service; (3) Subsection 3(1) of the Act is amended by adding the following in alphabetical order: ‘‘aviation reservation system’’ « système de réservation de services aériens » ‘‘aviation reservation system’’ means a system that provides the capability to make reservations or issue tickets for air services; � C. 15 Public Saf ‘‘aviation security regulation’’ « règlement sur la sûreté aérienne » ‘‘aviation security regulation’’ means a regulation made under subsection 4.71(1); ‘‘emergency direction’’ « directive d’urgence » ‘‘emergency direction’’ means a direction made under section 4.76 or 4.77; ‘‘interim order’’ « arrêté d’urgence » ‘‘interim order’’ means an interim order made under subsection 6.41(1) or (1.1); ‘‘security clearance’’ « habilitation de sécurité » ‘‘security clearance’’ means a security clearance granted under section 4.8 to a person who is considered to be fit from a transportation security perspective; ‘‘security measure’’ « mesure de sûreté » ‘‘security measure’’ means a measure made under subsection 4.72(1) or 4.73(1); (4) Section 3 of the Act is amended by adding the following after subsection (2): Exception (3) The following documents are deemed not to be a Canadian aviation document for the purposes of sections 6.6 to 7.2: (a) a security clearance; (b) a restricted area pass that is issued by the Minister in respect of an aerodrome that the Minister operates; and (c) a Canadian aviation document specified in an aviation security regulation for the purpose of this subsection. R.S., c. 33 (1st Supp.), s. 1 3. Subsection 4.3(1) of the Act is replaced by the following: Delegation by Minister 4.3 (1) The Minister may authorize any person or class of persons to exercise or perform, subject to any restrictions or conditions that the Minister may specify, any of the powers, duties or functions of the Minister under this Part, other than the power to make a regulation, an order, a security measure or an emergency direction. Exception (1.1) Despite subsection (1), the Minister may authorize any person or class of persons to make an order, a security measure or an emergency direction if a provision of this Part specifically authorizes the Minister to do so. Sécurité publ 4. Subsection 4.4(2) of the Act is amended by striking out the word ‘‘or’’ at the end of paragraph (a) and by adding the following after paragraph (a): (a.1) in respect of any security measure that is carried out by the Minister; or R.S., c. 33 (1st Supp.), s. 1; 1992, c. 4, ss. 5, 6; 1999, c. 31, ss. 5, 6 5. Sections 4.7 and 4.8 of the Act are replaced by the following: Interpretation Definitions 4.7 The following definitions apply in sections 4.71 to 4.85. ‘‘goods’’ « bien » ‘‘goods’’ means anything that may be taken or placed on board an aircraft, or that may be brought into an aerodrome or other aviation facility, including personal belongings, baggage, cargo and conveyances. ‘‘screening’’ « contrôle » ‘‘screening’’ means a screening, including a search, carried out in the manner and under the circumstances prescribed in aviation security regulations, security measures, emergency directions or interim orders . Aviation Security Regulations Aviation security regulations 4.71 (1) The Governor in Council may make regulations respecting aviation security. Contents of regulations (2) Without limiting the generality of subsection (1), regulations may be made under that subsection (a) respecting the safety of the public, passengers, crew members, aircraft and aerodromes and other aviation facilities; (b) respecting restricted areas in aircraft or at aerodromes or other aviation facilities, including regulations respecting their identification, access to them and their administration or management; (c) respecting the screening of persons entering or inside an aircraft or an aerodrome or other aviation facility; (d) respecting the screening of goods that are intended to be taken or placed on board an aircraft or brought into an aerodrome or � C. 15 Public Saf other aviation facility, or that are inside an aircraft or an aerodrome or other aviation facility, including regulations authorizing the use of force to gain access to goods being screened; (e) respecting the seizure or detention of goods in the course of screenings, including regulations respecting the destruction of seized or detained goods; (f) respecting the prevention of unlawful interference with civil aviation and the action that is to be taken if that interference occurs or is likely to occur; (g) requiring any person or any class of persons to have a security clearance as a condition to conducting any activity specified in the regulations or to being (i) the holder of a Canadian aviation document, (ii) a crew member, or (iii) the holder of a restricted area pass, within the meaning of section 1 of the Canadian Aviation Security Regulations; (h) respecting the making of applications for security clearances and the information to be provided by applicants; (i) specifying Canadian aviation documents for the purpose of paragraph 3(3)(c); (j) establishing security requirements for the design or construction of aircraft and aerodromes and other aviation facilities; (k) requiring security management systems to be established by the Canadian Air Transport Security Authority and by air carriers and operators of aerodromes and other aviation facilities, including regulations respecting the content or requirements of those systems; (l) establishing security requirements for equipment, systems and processes used in aircraft and aerodromes and other aviation facilities; (m) respecting the qualifications, training and standards of performance of classes of persons having responsibilities for security requirements; Sécurité publ (n) respecting the testing of the effectiveness of equipment, systems and processes used in aircraft and aerodromes and other aviation facilities; and (o) respecting the provision to the Minister of aviation security related information specified in the regulations. Security Measures Minister may make security measures 4.72 (1) The Minister may make measures respecting aviation security. Restriction (2) The Minister may only make a security measure in relation to a particular matter if (a) an aviation security regulation could be made in relation to that matter; and (b) aviation security, the security of any aircraft or aerodrome or other aviation facility or the safety of the public, passengers or crew members would be compromised if the particular matter that is to be the subject of the security measure were set out in a regulation and the regulation became public. Suspension of s. 4.79(1) and repeal of security measure (3) If the Minister is of the opinion that aviation security, the security of any aircraft or aerodrome or other aviation facility or the safety of the public, passengers or crew members would no longer be compromised if the particular matter that is the subject of a security measure made under subsection (1) became public, the Minister must (a) within 23 days after forming the opinion, publish in the Canada Gazette a notice that sets out the substance of the security measure and that states that subsection 4.79(1) no longer applies in respect of the security measure; and (b) repeal the security measure before the earlier of (i) the day that is one year after the notice is published, and (ii) the day an aviation security regulation is made in respect of the matter dealt with by the security measure. � C. 15 Public Saf Effect of notice (4) If a notice is published under paragraph (3)(a), subsection 4.79(1) ceases to apply in respect of the security measure as of the day the notice is published. Consultation (5) Before making a security measure, the Minister must consult with any person or organization that the Minister considers appropriate in the circumstances. Exception (6) Subsection (5) does not apply if, in the opinion of the Minister, the security measure is immediately required for aviation security, the security of any aircraft or aerodrome or other aviation facility or the safety of the public, passengers or crew members. Minister may carry out security measure (7) The Minister may carry out the requirements of a security measure whenever the Minister considers it necessary to do so. Deputy may make measures 4.73 (1) The Minister may authorize his or her deputy to make, subject to any restrictions or conditions that the Minister may specify, measures respecting aviation security whenever the deputy is of the opinion that the measures are immediately required for aviation security, the security of any aircraft or aerodrome or other aviation facility or the safety of the public, passengers or crew members. Restriction (2) The Minister’s deputy may only make a security measure in relation to a particular matter if (a) an aviation security regulation could be made in relation to that matter; and (b) aviation security, the security of any aircraft or aerodrome or other aviation facility or the safety of the public, passengers or crew members would be compromised if the particular matter that is to be the subject of the security measure were set out in a regulation and the regulation became public. Minister may carry out security measure (3) The Minister may carry out the requirements of a security measure made under subsection (1) whenever the Minister considers it necessary to do so. Sécurité publ Duration (4) A security measure made under subsection (1) comes into force immediately when it is made but ceases to have force 90 days after it is made unless the Minister or his or her deputy repeals it before the expiry of the 90 days. Relationship with regulations 4.74 (1) A security measure may provide that it applies in lieu of or in addition to any aviation security regulation. Conflict (2) If there is a conflict between an aviation security regulation and a security measure, the security measure prevails to the extent of the conflict. Foreign Aircraft Requirements Foreign aircraft requirements 4.75 For the purposes of protecting the public, passengers, crew members, aircraft and aerodromes and other aviation facilities or for preventing unlawful interference with civil aviation, no operator of an aircraft registered outside Canada shall land the aircraft at an aerodrome in Canada unless the aircraft and all persons and goods on board the aircraft have been subjected to requirements that are acceptable to the Minister. Emergency Directions Emergency directions 4.76 If the Minister is of the opinion that there is an immediate threat to aviation security or to any aircraft or aerodrome or other aviation facility, or to the safety of the public, passengers or crew members, the Minister may direct any person to do, or to refrain from doing, anything that in the opinion of the Minister it is necessary to do or refrain from doing in order to respond to the threat, including directions respecting (a) the evacuation of aircraft and of aerodromes or other aviation facilities, or portions of them; (b) the diversion of aircraft to alternate landing sites; and (c) the movement of aircraft or persons at aerodromes or other aviation facilities. � C. 15 Public Saf Authorized officer may make emergency direction 4.77 The Minister may authorize any officer of the Department of Transport to make, subject to any restrictions or conditions that the Minister may specify, any direction that the Minister may make under section 4.76 whenever the officer is of the opinion that there is a threat referred to in that section. Duration 4.771 An emergency direction comes into force immediately when it is made but ceases to have force 72 hours after it is made, unless the Minister or the officer who made it repeals it before the expiry of the 72 hours. Relationship with regulations and security measures 4.78 (1) An emergency direction may provide that it applies in lieu of or in addition to any aviation security regulation or security measure. Conflict (2) If there is a conflict between an aviation security regulation or a security measure and an emergency direction, the emergency direction prevails to the extent of the conflict. Unauthorized Disclosure Unauthorized disclosure — security measures 4.79 (1) Unless the Minister states under subsection 4.72(3) that this subsection does not apply in respect of a security measure, no person other than the person who made the security measure shall disclose its substance to any other person unless the disclosure is required by law or is necessary to give effect to the security measure. Court to inform Minister (2) If, in any proceedings before a court or other body having jurisdiction to compel the production or discovery of information, a request is made for the production or discovery of any security measure, the court or other body shall, if the Minister is not a party to the proceedings, cause a notice of the request to be given to the Minister, and, in camera, examine the security measure and give the Minister a reasonable opportunity to make representations with respect to it. Order (3) If the court or other body concludes in the circumstances of the case that the public interest in the proper administration of justice outweighs in importance the public interest in aviation security, the court or other body shall order the production or discovery of the security measure, subject to any restrictions or Sécurité publ conditions that the court or other body considers appropriate, and may require any person to give evidence that relates to the security measure. Granting, suspending, etc. Definition ‘‘transportation security’’ « sûreté des transports » Security Clearances 4.8 The Minister may, for the purposes of this Act, grant or refuse to grant a security clearance to any person or suspend or cancel a security clearance. Provision of Information 4.81 (0.1) The following definition applies in this section and in section 4.82. ‘‘transportation security’’ means the protection of any means of transportation or of any transportation infrastructure, including related equipment, from any actual or attempted action that could cause, or result in, (a) loss of life or personal injury; (b) substantial damage to or destruction of a means of transportation or any transportation infrastructure; or (c) interference with any means of transportation or with any transportation infrastructure that is likely to result in loss of life or personal injury, or substantial damage to or destruction of any means of transportation or any transportation infrastructure. Requirement to provide information (1) The Minister, or any officer of the Department of Transport authorized by the Minister for the purposes of this section, may, for the purposes of transportation security, require any air carrier or operator of an aviation reservation system to provide the Minister or officer, as the case may be, within the time and in the manner specified by the Minister or officer, with information set out in the schedule (a) that is in the air carrier’s or operator’s control concerning the persons on board or expected to be on board an aircraft for any flight specified by the Minister or officer if the Minister or officer is of the opinion that there is an immediate threat to that flight; or �� C. 15 Public Saf (b) that is in the air carrier’s or operator’s control, or that comes into their control within 30 days after the requirement is imposed on them, concerning any particular person specified by the Minister or officer. Restriction on disclosure — Department of Transport (2) Information provided under subsection (1) may be disclosed by persons in the Department of Transport to other persons in that department only for the purposes of transportation security. Restriction on disclosure — other persons (3) Information provided under subsection (1) may be disclosed to persons outside the Department of Transport only for the purposes of transportation security, and it may be disclosed only to (a) the Minister of Citizenship and Immigration; (b) the Minister of National Revenue; (c) the chief executive officer of the Canadian Air Transport Security Authority; and (d) a person designated under subsection 4.82(2) or (3). Restriction on further disclosures (4) Information disclosed under subsection (3) may be further disclosed only for the purposes of transportation security, and it may be disclosed (a) in the case of information disclosed to the Minister of Citizenship and Immigration, only to persons in the Department of Citizenship and Immigration; (b) in the case of information disclosed to the Minister of National Revenue, only to persons in the Canada Customs and Revenue Agency; (c) in the case of information disclosed to the chief executive officer of the Canadian Air Transport Security Authority, only to persons in the Canadian Air Transport Security Authority; and (d) in the case of information disclosed to a person designated under subsection 4.82(2) or (3), only in accordance with section 4.82 as though it were information provided under subsection 4.82(4) or (5). Sécurité publ Deeming (5) Information disclosed under subsection (3) to a person designated under subsection 4.82(2) or (3) is to be dealt with under section 4.82 as though it were information provided under subsection 4.82(4) or (5). Destruction of information (6) Subject to subsections (5), (7) and (8), information provided to the Minister or an officer of the Department of Transport under subsections (1) and (2) or disclosed to the Minister under subsection 4.82(8) must be destroyed within seven days after it is provided or disclosed under that subsection. Destruction of information (7) Information disclosed under subsection (3) to a person referred to in any of paragraphs (3)(a) to (c) must be destroyed within seven days after it is disclosed under that subsection. Destruction of information (8) Information disclosed under subsection (3) to a person referred to in any of paragraphs (3)(a) to (c) that is further disclosed under subsection (4) must be destroyed within seven days after it was disclosed under subsection (3). Application (9) Subsections (6) to (8) apply despite any other Act of Parliament. Amendment of schedule (10) The Governor in Council may, on the recommendation of the Minister, by order amend the schedule. Definitions 4.82 (1) The following definitions apply in this section. Commissioner « commissaire » ‘‘Commissioner’’ means the Commissioner of the Royal Canadian Mounted Police. Director « directeur » ‘‘Director’’ means the Director of the Canadian Security Intelligence Service. ‘‘warrant’’ « mandat » ‘‘warrant’’ means (a) a warrant issued in Canada in respect of the arrest of a person for the commission of an offence that may be punishable under any Act of Parliament by imprisonment for a term of five years or more and that is specified by regulations made under subsection (20); (b) a warrant issued under subsection 55(1) or 82(1) of the Immigration and Refugee Protection Act; or �� C. 15 Public Saf (c) a warrant or other document issued outside Canada relating to the arrest of a person who can be extradited from Canada under subsection 3(1) of the Extradition Act. Designation of persons (2) The Commissioner may designate persons for the purposes of subsection (4). Those persons may receive and analyse information provided under that subsection and match it with any other information in the control of the Royal Canadian Mounted Police. Designation of persons (3) The Director may designate persons for the purposes of subsection (5). Those persons may receive and analyse information provided under that subsection and match it with any other information in the control of the Canadian Security Intelligence Service. The Director may also designate one or more of those persons as senior designated persons for the purposes of this section. Requirement to provide information (4) The Commissioner, or a person designated under subsection (2), may, for the purposes of transportation security, require any air carrier or operator of an aviation reservation system to provide a person designated under subsection (2), within the time and in the manner specified by the person imposing the requirement, with the information set out in the schedule (a) that is in the air carrier’s or operator’s control concerning the persons on board or expected to be on board an aircraft for any flight specified by the person imposing the requirement; or (b) that is in the air carrier’s or operator’s control, or that comes into their control within 30 days after the requirement is imposed on them, concerning any particular person specified by the person imposing the requirement. Requirement to provide information (5) The Director, or a person designated under subsection (3), may, for the purposes of transportation security or the investigation of ‘‘threats to the security of Canada’’ referred to in paragraph (c) of the definition of that expression in section 2 of the Canadian Sécurité publ Security Intelligence Service Act, require any air carrier or operator of an aviation reservation system to provide a person designated under subsection (3), within the time and in the manner specified by the person imposing the requirement, with the information set out in the schedule (a) that is in the air carrier’s or operator’s control concerning the persons on board or expected to be on board an aircraft for any flight specified by the person imposing the requirement; or (b) that is in the air carrier’s or operator’s control, or that comes into their control within 30 days after the requirement is imposed on them, concerning any particular person specified by the person imposing the requirement. Disclosure to other designated persons (6) Despite subsection (7), a person designated under subsection (2) or (3) may disclose any information provided under subsection (4) or (5), and any information obtained as a result of matching the information with other information, to any other person designated under subsection (2) or (3). Restriction on disclosure of information to other persons (7) A person designated under subsection (2) or (3) may disclose any information provided under subsection (4) or (5), any information obtained as a result of matching the information with other information and any information obtained as a result of a disclosure under subsection (6), only in accordance with subsections (8) to (12), or for the purpose of complying with a subpoena or document issued or order made by a court, person or body with jurisdiction to compel the production of information, or for the purpose of complying with rules of court relating to the production of information. Disclosure to Minister and air carriers, etc. (8) A person designated under subsection (2) or (3) may disclose information referred to in subsection (7) to the Minister, the Canadian Air Transport Security Authority, any peace officer, any employee of the Canadian Security Intelligence Service, any air carrier or operator of an aerodrome or other aviation facility if the designated person has reason to believe that the information is relevant to �� C. 15 Public Saf transportation security. Any information disclosed to the Canadian Air Transport Security Authority or to an air carrier or operator of an aerodrome or other aviation facility under this subsection must also be disclosed to the Minister. Disclosure to Aircraft Protective Officer (9) A person designated under subsection (2) or (3) may disclose information referred to in subsection (7) to an Aircraft Protective Officer if the designated person has reason to believe that the information may assist the Aircraft Protective Officer to perform duties relating to transportation security. Urgent disclosure (10) A person designated under subsection (2) or (3) may disclose information referred to in subsection (7) if he or she has reason to believe that there is an immediate threat to transportation security or the life, health or safety of a person and that the person to whom the disclosure is to be made is in a position to take measures to respond to the threat and needs the information to respond. In making the disclosure the designated person may disclose information only to the extent that he or she believes the information is necessary to respond to the threat . Disclosure to peace officer (11) A person designated under subsection (2) may disclose information referred to in subsection (7) to any peace officer if the designated person has reason to believe that the information would assist in the execution of a warrant. Disclosure to employee of the Canadian Security Intelligence Service (12) A person designated under subsection (3) may, if authorized by a senior designated person designated under that subsection, disclose information referred to in subsection (7) to an employee of the Canadian Security Intelligence Service for the purposes of an investigation with respect to a ‘‘threat to the security of Canada’’ referred to in paragraph (c) of the definition of that expression in section 2 of the Canadian Security Intelligence Service Act. Recording of reasons (13) A person who discloses information under any of subsections (8) to (12) must, as soon as practicable, prepare and keep a record setting out a summary of the information disclosed, the elements of information set out Sécurité publ in the schedule in respect of which there was disclosure, the reasons why the information was disclosed and the name of the person or body to whom the information was disclosed. Destruction of information (14) Information provided under subsection (4) or (5), and any such information obtained under subsection (6), must be destroyed within seven days after it is provided or obtained, unless it is reasonably required for the purposes of transportation security or the investigation of ‘‘threats to the security of Canada’’ referred to in paragraph (c) of the definition of that expression in section 2 of the Canadian Security Intelligence Service Act, in which case a record must be prepared and kept setting out the reasons why the information is being retained. Review of information (15) At least once a year, the Commissioner and the Director must cause a review to be undertaken of all information retained under subsection (14) by persons designated by them, and the Commissioner, or the Director, as the case may be, must order the information to be destroyed if he or she is of the opinion that its continued retention is not reasonably required for the purposes of transportation security or the investigation of ‘‘threats to the security of Canada’’ referred to in paragraph (c) of the definition of that expression in section 2 of the Canadian Security Intelligence Service Act. The Commissioner and the Director must each keep a record of their review. Exception (16) Subsections (14) and (15) do not apply in respect of records prepared under subsection (13). Application (17) Subsections (14) and (15) apply despite any other Act of Parliament. Right to provide information preserved (18) Nothing in this section precludes air carriers and operators of aviation reservation systems from providing any information if the provision of the information is otherwise lawful. Right to collect information under other Acts preserved (19) Nothing in this section prohibits the collection of any information if the collection is otherwise lawful. �� C. 15 Public Saf Regulations (20) The Governor in Council may make regulations generally for carrying out the purposes and provisions of this section. 2001, c. 38, s. 1 6. Subsections 4.83(1) and (2) of the Act are replaced by the following: Foreign states requiring information 4.83 (1) Despite section 5 of the Personal Information Protection and Electronic Documents Act, to the extent that that section relates to obligations set out in Schedule 1 to that Act relating to the disclosure of information, and, despite subsection 7(3) of that Act, an operator of an aircraft departing from Canada that is scheduled to land in a foreign state or of a Canadian aircraft departing from any place outside Canada that is scheduled to land in a foreign state may, in accordance with the regulations, provide to a competent authority in that foreign state any information that is in its control relating to persons on board or expected to be on board the aircraft and that is required by the laws of the foreign state. Restriction — government institutions (2) No information provided under subsection (1) to a competent authority in a foreign state may be collected from that foreign state by a government institution, within the meaning of section 3 of the Privacy Act, unless it is collected for the purpose of protecting national security or public safety or for the purpose of defence or for the purpose of administering or enforcing any Act of Parliament that prohibits, controls or regulates the importation or exportation of goods or the movement of people in or out of Canada, and any such information collected by the government institution may be used or disclosed by it only for one or more of those purposes. 7. The Act is amended by adding the following after section 4.83: Screenings Designation of persons to conduct 4.84 The Minister may designate, in writing, persons to conduct screenings, subject to any restrictions or conditions that the Minister may specify . 2004 Prohibition — persons and goods Sécurité publ 4.85 (1) If an aviation security regulation, a security measure, an emergency direction or an interim order requires a person to be screened, a person shall not enter or remain in an aircraft or in an aviation facility or a restricted area of an aerodrome unless the person permits a screening, or screenings, to be carried out in accordance with the regulation, security measure, emergency direction or interim order , as the case may be, of (a) his or her person; or (b) the goods that the person intends to take or have placed on board the aircraft or to take into the aviation facility or the restricted area of the aerodrome or, as the case may be, the goods that the person has taken or placed on board the aircraft or has taken into the aviation facility or the restricted area of the aerodrome. Prohibition — conveyances (2) If an aviation security regulation, a security measure, an emergency direction or an interim order requires a conveyance to be screened, an operator of a conveyance shall not allow the conveyance to enter or remain in an aviation facility or a restricted area of an aerodrome unless the operator permits a screening, or screenings, to be carried out of the conveyance in accordance with the regulation, security measure, emergency direction or interim order , as the case may be. Prohibition relating to air carriers (3) If an aviation security regulation, a security measure, an emergency direction or an interim order requires a person or goods to be screened, no air carrier shall transport the person or the goods unless the person or goods have been screened in accordance with the regulation, security measure, emergency direction or interim order , as the case may be. Prohibition relating to persons who accept goods for transportation (4) A person who accepts any goods for transportation shall not tender the goods for transportation by air unless the person has screened the goods as may be required by any aviation security regulation, security measure, emergency direction or interim order , as the case may be. �� C. 15 Public Saf Air Carrier and Aerodrome Assessments Assessment 4.86 The Minister may conduct aviation security assessments outside Canada of air carriers that operate or intend to operate flights to Canada or of facilities relating to the operations of those air carriers. Verifying Compliance and Testing Effectiveness No offence 4.87 A person authorized by the Minister to verify compliance with aviation security regulations, security measures, emergency directions or interim orders, or to test the effectiveness of equipment, systems and processes used with respect to aircraft, aerodromes and other aviation facilities, does not commit an offence if the person commits any act or omission that is required in the course of any such verification or testing and that would otherwise constitute a contravention of an aviation security regulation, a security measure, an emergency direction or an interim order . R.S., c. 33 (1st Supp.), s. 1 8. Section 5.1 of the Act is replaced by the following: Restrictions and prohibitions for safety or security purposes 5.1 The Minister or any person authorized by the Minister may by notice prohibit or restrict the operation of aircraft on or over any area or within any airspace, either absolutely or subject to any exceptions or conditions that the Minister or person may specify, if, in the opinion of the Minister or person, the prohibition or restriction is necessary for aviation safety or security or the protection of the public. R.S., c. 33 (1st Supp.), s. 1 9. Section 5.9 of the Act and the heading before it are replaced by the following: General Provisions respecting Regulations, Orders, etc. Exemption by Governor in Council 5.9 (1) The Governor in Council may make regulations exempting, on any terms and conditions that may be specified in the regulations, any person, aeronautical product, aerodrome, facility or service, or any class of persons, aeronautical products, aerodromes, facilities or services, from the application of any regulation or order made under this Part. Sécurité publ Exemption by Minister (2) The Minister or an officer of the Department of Transport authorized by the Minister for the purpose of this subsection may, on any terms and conditions that the Minister or officer, as the case may be, considers necessary, exempt any person, aeronautical product, aerodrome, facility or service, or any class of persons, aeronautical products, aerodromes, facilities or services, from the application of any regulation, order or security measure made under this Part if the exemption, in the opinion of the Minister or officer, as the case may be, is in the public interest and is not likely to adversely affect aviation safety or security. Incorporation by reference (3) A regulation, an order, a security measure or an emergency direction made under this Part that incorporates by reference a classification, standard, procedure or other specification may incorporate it as it is amended from time to time and in such a case the reference shall be read accordingly. Prohibition in regulations or orders (4) A regulation, an order, a security measure or an emergency direction made under this Part prohibiting the doing of any act or thing may prohibit the doing of that act or thing either at all times and places or only at specified times, places and occasions, and may do so either absolutely or subject to any specified exceptions or conditions. 1992, c. 4, s. 12 10. Section 6.2 of the Act is replaced by the following: Exemption from Statutory Instruments Act 6.2 (1) The following are exempt from the application of sections 3, 5 and 11 of the Statutory Instruments Act: (a) a regulation made under paragraph 4.9(l), or a notice issued under section 5.1, that prohibits or restricts the use of any airspace or aerodrome; (b) a security measure; (c) an emergency direction; (d) an exemption made under subsection 5.9(2); and (e) an interim order made under section 6.41. �� C. 15 Public Saf Precondition for contravention (2) No person shall be found to have contravened any regulation or notice referred to in paragraph (1)(a), any security measure or emergency direction or any interim order that has not been published in the Canada Gazette under subsection 6.41(4) at the time of the alleged contravention unless it is proved that, at the time of the alleged contravention, the person had been notified of the regulation, security measure, emergency direction or interim order or reasonable steps had been taken to bring its purport to the notice of those persons likely to be affected by it. Certificate (3) A certificate purporting to be signed by the Minister or the Secretary of the Department of Transport and stating that a notice containing the regulation, notice referred to in paragraph (1)(a) , security measure, emergency direction or interim order was given to persons likely to be affected by it is, in the absence of evidence to the contrary, proof that notice was given to those persons. 1992, c. 4, s. 13 11. (1) Subsection 6.41(1) of the Act is replaced by the following: Interim orders 6.41 (1) The Minister may make an interim order that contains any provision that may be contained in a regulation made under this Part (a) to deal with a significant risk, direct or indirect, to aviation safety or the safety of the public; (b) to deal with an immediate threat to aviation security, the security of any aircraft or aerodrome or other aviation facility or the safety of the public, passengers or crew members; or (c) for the purpose of giving immediate effect to any recommendation of any person or organization authorized to investigate an aviation accident or incident. Authorized deputy may make interim order (1.1) The Minister may authorize, subject to any restrictions or conditions that the Minister may specify, his or her deputy to make, for any reason referred to in any of paragraphs (1)(a) to (c), an interim order that contains any provision that may be contained in a regulation made under this Part. Sécurité publ Consultation (1.2) Before making an interim order, the Minister or deputy , as the case may be, must consult with any person or organization that the Minister or deputy considers appropriate in the circumstances. 1992, c. 4, s. 13 (2) Paragraph 6.41(3)(b) of the Act is replaced by the following: (b) where no such regulation is made, one year after the day on which the interim order is made. 1992, c. 4, s. 13 (3) Subsections 6.41(4) to (6) of the Act are replaced by the following: Publication in Canada Gazette (4) An interim order must be published in the Canada Gazette within 23 days after the day on which it is made. Tabling of interim order (5) A copy of each interim order must be tabled in each House of Parliament within 15 days after it is made. House not sitting (6) In order to comply with subsection (5), the interim order may be sent to the Clerk of the House if the House is not sitting. R.S., c. 33 (1st Supp.), s. 1; 1992, c. 1, s. 5 12. (1) Subsections 6.9(1) and (2) of the Act are replaced by the following: Suspension, etc., if contravention 6.9 (1) If the Minister decides to suspend or cancel a Canadian aviation document on the grounds that its holder or the owner or operator of any aircraft, airport or other facility in respect of which it was issued has contravened any provision of this Part or of any regulation, notice, order, security measure or emergency direction made under this Part, the Minister shall by personal service or by registered or certified mail sent to the holder, owner or operator, as the case may be, at that person’s latest known address notify the holder, owner or operator of that decision and of the effective date of the suspension or cancellation, but no suspension or cancellation shall take effect earlier than the date that is thirty days after the notice under this subsection is served or sent. �� Contents of notice C. 15 Public Saf (2) The notice must be in the form that the Governor in Council may by regulation prescribe and must, in addition to any other information that may be so prescribed, (a) indicate the provision of this Part or of the regulation, notice, order, security measure or emergency direction made under this Part that the Minister believes has been contravened; and (b) state the date, being thirty days after the notice is served or sent, on or before which and the address at which a request for a review of the decision of the Minister is to be filed in the event that the holder of the document or the owner or operator concerned wishes to have the decision reviewed. R.S., c. 33 (1st Supp.), s. 1 (2) Subsection 6.9(5) of the Act is replaced by the following: Exception re stay direction (5) No direction of a stay of a suspension or cancellation shall be made under subsection (4) if the member of the Tribunal considering the matter is of the opinion that the stay would result in a threat to aviation safety or security. R.S., c. 33 (1st Supp.), s. 1; 1992, c. 1, s. 5 13. (1) Subsection 7(1) of the Act is replaced by the following: Suspension where immediate threat to aviation safety or security 7. (1) If the Minister decides to suspend a Canadian aviation document on the grounds that an immediate threat to aviation safety or security exists or is likely to occur as a result of an act or thing that was or is being done under the authority of the document or that is proposed to be done under the authority of the document, the Minister shall without delay, by personal service or by registered or certified mail sent to the holder of the document or to the owner or operator of any aircraft, airport or other facility in respect of which the document was issued, as the case may be, at that person’s latest known address, notify the holder, owner or operator of the Minister’s decision. R.S., c. 33 (1st Supp.), s. 1 (2) Paragraph 7(2)(a) of the English version of the Act is replaced by the following: (a) indicate the immediate threat to aviation safety or security that the Minister believes exists or is likely to occur as a result of an Sécurité publ act or thing that was or is being done under the authority of the Canadian aviation document concerned, or that is proposed to be done under the authority of the Canadian aviation document concerned, and the nature of that act or thing; and R.S., c. 33 (1st Supp.), s. 1 (3) Subsections 7(7) and (8) of the Act are replaced by the following: Determination (7) The member of the Tribunal conducting the review may make the following determination: (a) if the decision of the Minister relates to a person’s designation under section 4.84, the member may determine the matter by confirming the Minister’s decision or by referring the matter back to the Minister for reconsideration; or (b) if the decision of the Minister relates to any other Canadian aviation document, the member may determine the matter by confirming the Minister’s decision or by substituting his or her own determination. Request for reconsideration of immediate threat (8) If no appeal from a determination confirming a suspension under subsection (7) is taken under section 7.2 within the time limited for doing so under that section or the Tribunal has, on an appeal under section 7.2, confirmed the suspension of a Canadian aviation document under this section, or if the Minister, after reconsidering the matter under paragraph 7(7)(a) or 7.2(5)(b), has confirmed the suspension, the holder of the document or the owner or operator of any aircraft, airport or other facility in respect of which the document was issued may, in writing, request the Minister to reconsider whether the immediate threat to aviation safety or security referred to in subsection (1) that occasioned the suspension continues to exist or is likely to occur as described in that subsection. R.S., c. 33 (1st Supp.), s. 1 14. (1) Subsection 7.2(1) of the Act is replaced by the following: Right of appeal 7.2 (1) The Minister or any person affected by the determination of a member of the Tribunal under subsection 6.9(8) or paragraph 7(7)(b) or any person, other than the Minister, affected by the determination of a member of the Tribunal under paragraph 7(7)(a) or sub�� C. 15 Public Saf section 7.1(8) may, within ten days after the determination, appeal the determination to the Tribunal. R.S., c. 33 (1st Supp.), s. 1 (2) Paragraphs 7.2(5)(a) and (b) of the Act are replaced by the following: (a) subsection 6.9(8) or paragraph 7(7)(b), by dismissing it or allowing it and in allowing the appeal the Tribunal may substitute its decision for the determination appealed against; or (b) paragraph 7(7)(a) or subsection 7.1(8), by dismissing it or referring the matter back to the Minister for reconsideration. R.S., c. 33 (1st Supp.), s. 1 15. Subsection 7.3(3) of the Act is replaced by the following: Contravention of Part, regulation, etc. (3) Except as otherwise provided by this Part, every person who contravenes a provision of this Part or any regulation, notice, order, security measure or emergency direction made under this Part is guilty of an offence punishable on summary conviction. Contravention of subsection 4.81(1) (3.1) Despite subsections (4) and (5), every air carrier or operator of an aviation reservation system who fails to comply with a requirement under subsection 4.81(1) or 4.82(4) or (5) is guilty of an offence punishable on summary conviction and liable to a fine of not more than $50,000. R.S., c. 33 (1st Supp.), s. 1 16. Paragraph 7.4(5)(b) of the Act is replaced by the following: (b) exercised reasonable care to satisfy himself or herself that the aircraft concerned was not likely to be used in contravention of this Part or any regulation, notice, order, security measure or emergency direction made under this Part, 17. The Act is amended by adding the following after section 7.4: Prohibition — unruly or dangerous behaviour 7.41 (1) No person shall engage in any behaviour that endangers the safety or security of an aircraft in flight or of persons on board an aircraft in flight by intentionally Sécurité publ (a) interfering with the performance of the duties of any crew member; (b) lessening the ability of any crew member to perform that crew member’s duties; or (c) interfering with any person who is following the instructions of a crew member. Punishment (2) Every person who commits an offence under subsection (1) is liable (a) on conviction on indictment, to a fine of not more than $100,000 or to imprisonment for a term of not more than five years, or to both; and (b) on summary conviction, to a fine of not more than $25,000 or to imprisonment for a term of not more than eighteen months, or to both. Deeming — ‘‘in flight’’ (3) For the purpose of subsection (1), an aircraft is deemed to be in flight from the time when all external doors are closed following embarkation until the time at which any external door is opened for the purpose of disembarkation. Application (4) This section applies despite subsections 7.3(4) and (7). R.S., c. 33 (1st Supp.), s. 1; 1992, c. 4, s. 19 18. Paragraphs 7.6(1)(a) and (b) of the Act are replaced by the following: (a) designate any provision of this Part or of any regulation, notice, order or security measure made under this Part, in this section and in sections 7.7 to 8.2 referred to as a ‘‘designated provision’’, as a provision the contravention of which may be dealt with under and in accordance with the procedure set out in sections 7.7 to 8.2; (a.1) if subsection 4.81(1) or 4.82(4) or (5) is a designated provision, prescribe the maximum amount payable in respect of a contravention of that provision, which amount shall not exceed $50,000; and (b) prescribe, in respect of any other designated provision, the maximum amount payable in respect of a contraven�� C. 15 Public Saf tion of that provision, which amount shall not exceed (i) $5,000, in the case of an individual, and (ii) $25,000, in the case of a corporation. R.S., c. 33 (1st Supp.), s. 1 19. Paragraph 8.3(1)(a) of the Act is replaced by the following: (a) in the opinion of the Minister, the removal from the record would not be in the interest of aviation safety or security; or R.S., c. 33 (1st Supp.), s. 1 20. Section 8.5 of the Act is replaced by the following: Defence 8.5 No person shall be found to have contravened a provision of this Part or any regulation, notice, order, security measure or emergency direction made under this Part if the person exercised all due diligence to prevent the contravention. R.S., c. 33 (1st Supp.), s. 1; 1992, c. 4, s. 23(F) 21. (1) Paragraph 8.7(1)(a) of the Act is replaced by the following: (a) enter, for the purposes of making inspections or audits relating to the enforcement of this Part, any aircraft, aerodrome or other aviation facility, any premises used for the design, manufacture, distribution, maintenance or installation of aeronautical products or any premises used by the Canadian Air Transport Security Authority, regardless of whether or not the inspection or audit relates to that place or to the person who possesses or controls it; (a.1) remove any document or other thing from the place where the inspection or audit is being carried out for examination or, in the case of a document, copying; Sécurité publ (2) Section 8.7 of the Act is amended by adding the following after subsection (1): Operation of computer systems and copying equipment (1.1) In carrying out an inspection or audit in any place referred to in paragraph (1)(a) or an investigation under paragraph (1) (b), the Minister may (a) use or cause to be used any computer system or data processing system at the place to examine any data contained in, or available to, the system; (b) reproduce any record, or cause it to be reproduced from the data, in the form of a printout or other intelligible output, and remove the printout or other output for examination or copying; and (c) use or cause to be used any copying equipment at the place to make copies of any books, records, electronic data or other documents. 22. The Act is amended by adding the following after section 8.7: Duty to assist Minister 8.8 The owner or person who is in possession or control of a place that is inspected or audited under subsection 8.7(1), and every person who is found in the place, shall (a) give the Minister all reasonable assistance to enable the Minister to carry out the inspection or audit and exercise any power conferred on the Minister by that subsection; and (b) provide the Minister with any information relevant to the administration of this Act or the regulations, notices, orders, security measures or emergency directions made under this Part that the Minister may reasonably require. 23. The Act is amended by adding the schedule set out in the schedule to this Act. �� C. 15 Public Saf PART 2 2002, c. 9, s. 2 CANADIAN AIR TRANSPORT SECURITY AUTHORITY ACT 24. The definitions ‘‘screening’’ and ‘‘screening point’’ in section 2 of the Canadian Air Transport Security Authority Act are replaced by the following: ‘‘screening’’ « contrôle » ‘‘screening’’ means screening, including a search, performed in the manner and under the circumstances prescribed in aviation security regulations, security measures, emergency directions or interim orders made under the Aeronautics Act. ‘‘screening point’’ « point de contrôle » ‘‘screening point’’ means a point where screening is delivered, either directly or through a screening contractor, by the Authority or by an authorized aerodrome operator acting on behalf of the Authority, in order to meet the requirements of aviation security regulations, security measures, emergency directions or interim orders made under the Aeronautics Act. 25. Section 29 of the Act is replaced by the following: Policing 29. The Authority may, with the approval of the Treasury Board, enter into agreements with the operator of any aerodrome designated by regulation for the purposes of contributing to the costs of policing incurred by that operator in carrying out their responsibilities. PART 3 1999, c. 33 CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999 26. The definitions ‘‘environmental emergency’’ and ‘‘substance’’ in section 193 of the Canadian Environmental Protection Act, 1999 are replaced by the following: ‘‘environmental emergency’’ « urgence environnementale » ‘‘environmental emergency’’ means Sécurité publ (a) an uncontrolled, unplanned or accidental release, or release in contravention of regulations or interim orders made under this Part, of a substance into the environment; or (b) the reasonable likelihood of such a release into the environment. ‘‘substance’’ « substance » ‘‘substance’’ means, except in sections 199 and 200.1, a substance on a list of substances established under regulations or interim orders made under this Part. 27. The Act is amended by adding the following after section 200: Interim orders 200.1 (1) The Minister may make an interim order, in respect of a substance, that contains any provision that may be contained in a regulation made under this Part, if (a) the substance (i) is not on the list established under regulations made under this Part and the Ministers believe that, if it enters the environment as a result of an environmental emergency, (A) it would have or may have an immediate or long-term harmful effect on the environment or its biological diversity, (B) it would constitute or may constitute a danger to the environment on which human life depends, or (C) it would constitute or may constitute a danger in Canada to human life or health, or (ii) is on that list and the Ministers believe that it is not adequately regulated; and (b) the Ministers believe that immediate action is required to deal with a significant danger to the environment or to human life or health. �� Effect of order C. 15 Public Saf (2) Subject to subsection (3), an interim order has effect (a) from the time it is made; and (b) as if it were a regulation made under this Part. Approval of Governor in Council (3) An interim order ceases to have effect unless it is approved by the Governor in Council within 14 days after it is made. Consultation (4) The Governor in Council shall not approve an interim order unless the Minister has (a) within 24 hours after making the order, offered to consult with all affected governments to determine whether they are prepared to take sufficient action to deal with the significant danger; and (b) consulted with other ministers of the Crown in right of Canada to determine whether any action can be taken under any other Act of Parliament to deal with the significant danger. Recommendation of regulations (5) If the Governor in Council approves an interim order, the Minister shall, within 90 days after the approval, publish in the Canada Gazette a statement indicating whether the Minister intends to recommend to the Governor in Council (a) that a regulation having the same effect as the order be made under this Part; and (b) if the order was made in respect of a substance that was not on the list established under regulations made under this Part, that the substance be added to that list. Contravention of unpublished order (6) No person shall be convicted of an offence consisting of a contravention of an interim order that, at the time of the alleged contravention, had not been published in the Canada Gazette unless it is proved that, at the time of the alleged contravention, the person had been notified of the interim order or reasonable steps had been taken to bring the purport of the interim order to the notice of those persons likely to be affected by it. 2004 Cessation of effect Sécurité publ (7) Subject to subsection (3), an interim order ceases to have effect on the earliest of (a) the day it is repealed, (b) the day a regulation referred to in subsection (5) is made, and (c) two years after the order is made. Tabling of order (8) A copy of each interim order must be tabled in each House of Parliament within 15 days after it is made. House not sitting (9) In order to comply with subsection (8), the interim order may be sent to the Clerk of the House if the House is not sitting. 28. (1) The portion of subsection 201(1) of the Act before paragraph (b) is replaced by the following: Remedial measures 201. (1) Subject to any regulations made under subsection 200(1) or any interim orders made under section 200.1, if there occurs an environmental emergency in respect of a substance on a list established under the regulations or interim orders, any person described in subsection (2) shall, as soon as possible in the circumstances, (a) notify an enforcement officer or any other person designated by regulation or interim order and provide a written report on the environmental emergency to the enforcement officer or other person; (2) Subsection 201(3) of the Act is replaced by the following: Report by other persons (3) A person, other than a person described in subsection (2), shall, as soon as possible in the circumstances, report an environmental emergency to an enforcement officer or to a person designated by regulation or interim order if their property is affected by the environmental emergency. 29. Subsection 202(1) of the Act is replaced by the following: Voluntary report 202. (1) If a person knows about an environmental emergency but the person is not required to report the matter under this Act, the person may report any information about the environmental emergency to an enforcement officer or to a person designated by regulation or interim order. �� C. 15 Public Saf 30. The portion of section 331 of the Act before paragraph (a) is replaced by the following: Exemption from Statutory Instruments Act 331. An interim order made under section 94, 163, 173, 183 or 200.1 31. Subsection 332(1) of the Act is replaced by the following: Publication of proposed orders and regulations 332. (1) The Minister shall publish in the Canada Gazette a copy of every order or regulation proposed to be made by the Minister or the Governor in Council under this Act, except a list, or an amendment to a list, referred to in section 66, 87, 105 or 112 or an interim order made under section 94, 163, 173, 183 or 200.1. PART 4 R.S., c. C-46 CRIMINAL CODE 32. The Criminal Code is amended by adding the following after section 83.23: Hoax Regarding Terrorist Activity Hoax — terrorist activity 83.231 (1) Every one commits an offence who, without lawful excuse and with intent to cause any person to fear death, bodily harm, substantial damage to property or serious interference with the lawful use or operation of property, (a) conveys or causes or procures to be conveyed information that, in all the circumstances, is likely to cause a reasonable apprehension that terrorist activity is occurring or will occur, without believing the information to be true; or (b) commits an act that, in all the circumstances, is likely to cause a reasonable apprehension that terrorist activity is occurring or will occur, without believing that such activity is occurring or will occur. Punishment (2) Every one who commits an offence under subsection (1) is guilty of Sécurité publ (a) an indictable offence and liable to imprisonment for a term not exceeding five years; or Causing bodily harm (b) an offence punishable on summary conviction. (3) Every one who commits an offence under subsection (1) and thereby causes bodily harm to any other person is guilty of (a) an indictable offence and liable to imprisonment for a term not exceeding ten years; or (b) an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months. Causing death (4) Every one who commits an offence under subsection (1) and thereby causes the death of any other person is guilty of an indictable offence and liable to imprisonment for life. PART 5 1994, c. 31 Agreements Arrangements DEPARTMENT OF CITIZENSHIP AND IMMIGRATION ACT 33. Section 5 of the Department of Citizenship and Immigration Act is replaced by the following: 5. (1) The Minister, with the approval of the Governor in Council, may enter into agreements with any province or group of provinces or with any foreign government or international organization, for the purpose of facilitating the formulation, coordination and implementation — including the collection, use and disclosure of information — of policies and programs for which the Minister is responsible. (2) The Minister may enter into arrangements with any province or group of provinces or with any foreign government or international organization, for the purpose of facilitating the formulation, coordination and implementation — including the collection, use and disclosure of information — of policies and programs for which the Minister is responsible. �� C. 15 Public Saf PART 6 1996, c. 8 DEPARTMENT OF HEALTH ACT 34. The Department of Health Act is amended by adding the following after section 11: INTERIM ORDERS Interim orders 11.1 (1) The Minister may make an interim order that contains any provision that may be contained in a regulation made under section 11 if the Minister believes that immediate action is required to deal with a significant risk, direct or indirect, to health or safety. Cessation of effect (2) An interim order has effect from the time that it is made but ceases to have effect on the earliest of (a) 14 days after it is made, unless it is approved by the Governor in Council, (b) the day on which it is repealed, (c) the day on which a regulation made under section 11, that has the same effect as the interim order, comes into force, and (d) one year after the interim order is made or any shorter period that may be specified in the interim order. Contravention of unpublished order (3) No person shall be convicted of an offence consisting of a contravention of an interim order that, at the time of the alleged contravention, had not been published in the Canada Gazette unless it is proved that, at the time of the alleged contravention, the person had been notified of the interim order or reasonable steps had been taken to bring the purport of the interim order to the notice of those persons likely to be affected by it. Exemption from Statutory Instruments Act (4) An interim order (a) is exempt from the application of sections 3, 5 and 11 of the Statutory Instruments Act; and (b) shall be published in the Canada Gazette within 23 days after it is made. Sécurité publ Deeming (5) For the purpose of any provision of this Act other than this section, any reference to regulations made under this Act is deemed to include interim orders, and any reference to a regulation made under a specified provision of this Act is deemed to include a reference to the portion of an interim order containing any provision that may be contained in a regulation made under the specified provision. Tabling of order (6) A copy of each interim order must be tabled in each House of Parliament within 15 days after it is made. House not sitting (7) In order to comply with subsection (6), the interim order may be sent to the Clerk of the House if the House is not sitting. PART 7 R.S., c. E-17 EXPLOSIVES ACT 1993, c. 32, s. 1 35. The long title of the Explosives Act is replaced by the following: An Act respecting the manufacture, testing, acquisition, possession, sale, storage, transportation, importation and exportation of explosives and the use of fireworks 36. (1) The definition ‘‘inspector’’ in section 2 of the Act is replaced by the following: ‘‘inspector’’ « inspecteur » ‘‘inspector’’ means the Chief Inspector of Explosives, an inspector of explosives and a deputy inspector of explosives appointed under section 13, and any other person who is directed by the Minister to inspect an explosive, a restricted component, a vehicle, a licensed factory or a magazine, or to hold an inquiry in connection with any accident caused by an explosive; (2) Section 2 of the Act is amended by adding the following in alphabetical order: ‘‘illicit manufacture’’ « fabrication illicite » ‘‘illicit manufacture’’ means any activity that is prohibited under paragraph 6(1)(a) or (e); ‘‘illicit trafficking’’ « trafic illicite » ‘‘illicit trafficking’’ means any importation into Canada, exportation from Canada or transportation in transit through Canada of an explosive if �� C. 15 Public Saf (a) the importation or exportation is not authorized by the country of origin or the country of destination, or (b) the transportation in transit of the explosive through any country is not authorized by that country; ‘‘restricted component’’ « composant d’explosif limité » ‘‘restricted component’’ means any prescribed component of an explosive the acquisition, possession or sale of which is restricted by a regulation made under paragraph 5(a.31); ‘‘transit’’ « transit » ‘‘transit’’ means the portion of international transboundary transportation through the territory of a country that is neither the country of origin nor the country of destination; 1993, c. 32, s. 3(1) 37. (1) Paragraphs 5(a.2) to (a.4) of the Act are replaced by the following: (a.2) exempting any explosive or class of explosives from the application of this Act or the regulations or any provision of this Act or the regulations; (a.3) restricting to any person or body or class of persons or bodies the acquisition, possession, use or sale of any explosive or class of explosives; (a.31) prescribing any component of an explosive and restricting to any person or body or class of persons or bodies its acquisition, possession or sale; (a.4) prohibiting the acquisition, possession, use or sale of any explosive that, in the opinion of the Minister, is intrinsically unsafe, and identifying that explosive by reference to its common name or a description of the class of explosives to which it belongs; (2) Section 5 of the Act is amended by adding the following after paragraph (a.8): (a.9) respecting exemptions under subsection 6(2), including security standards that must be met before an exemption is granted, and prescribing the fees payable for the issuance of certificates of exemption under subsection 6(3); Sécurité publ (3) Paragraph 5(c) of the Act is replaced by the following: (c) not inconsistent with any other Act of Parliament or regulations made under any other Act of Parliament, for regulating the importation, exportation, packing, handling and transportation of explosives; (4) Section 5 of the Act is amended by adding the following after paragraph (i): (i.1) respecting security standards and security measures relating to explosives and restricted components; (5) Section 5 of the Act is amended by adding the following after paragraph (l): (l.1) respecting record keeping and the exchange of information for the purposes of tracing, identifying and preventing the illicit manufacture and illicit trafficking of explosives; (6) Paragraph 5(m) of the Act is replaced by the following: (m) respecting the acquisition, possession and sale of explosives and restricted components; and 38. (1) The portion of section 6 of the Act before paragraph (a) is replaced by the following: Manufacture, use, etc. 6. (1) Except as authorized under this Act and subject to any exemptions that may be provided under subsection (2) or by regulation, no person shall (2) Paragraph 6(1)(a) of the English version of the Act is replaced by the following: (a) make or manufacture any explosive, either wholly or in part, except in a licensed factory; (3) Paragraph 6(1)(d) of the Act is replaced by the following: (d) have in their possession any explosive or any restricted component; or �� C. 15 Public Saf (4) Subparagraph 6(1)(e)(i) of the English version of the Act is replaced by the following: (i) dividing an explosive into its components, or otherwise breaking up or unmaking any explosive, (5) Section 6 of the Act is amended by adding the following after subsection (1): Possession authorized (1.1) For the purposes of paragraph (1)(d), a person is authorized to have in their possession an explosive or a restricted component if (a) the person is issued, by or under a provincial law, a permit or licence to have the explosive or restricted component in their possession; and (b) the Governor in Council, by order, has declared that the province ensures that the security standards that must be met before such permits or licences are issued are the same as, or substantially similar to, those established by regulations made under paragraphs 5(a.9) and (i.1). Exemption (2) Subject to any regulation made under paragraph 5(a.3), (a.31) or (a.9), the Minister may exempt a person or body or class of persons or bodies from the prohibition in paragraph (1)(d). Certificate of exemption (3) The Minister shall issue, in accordance with the regulations and for the prescribed fee, a certificate of exemption to a person or body exempted under subsection (2). Statutory Instruments Act does not apply (4) The Statutory Instruments Act does not apply in respect of a certificate issued under subsection (3). 39. The Act is amended by adding the following after section 6.1: Illicit trafficking, etc. 6.2 No person shall knowingly (a) engage in illicit trafficking; or (b) acquire, possess, sell, offer for sale, transport or deliver any illicitly trafficked explosive. Sécurité publ 1993, c. 32, s. 5; 2001, c. 4, s. 80(E) 40. Section 9 of the Act is replaced by the following: Permits 9. (1) The Minister may issue permits for the importation or exportation, or the transportation in transit through Canada, of explosives. No import, export or transport without permit (2) Except as provided by the regulations, no person shall, without a permit issued under this section, import or export, or transport in transit through Canada, any explosive. Evidence of financial responsibility (3) The Minister may require any person who engages or proposes to engage in the importation or exportation, or the transportation in transit through Canada, of any explosive and who does not reside in Canada or have a chief place of business or head office in Canada to provide evidence of financial responsibility in the form of insurance, or in the form of an indemnity bond or a suretyship, satisfactory to the Minister, or in any other form satisfactory to the Minister. 1993, c. 32, s. 8 41. The portion of subsection 14(1) of the Act before paragraph (a) is replaced by the following: Inspection 14. (1) For the purpose of ensuring compliance with this Act and the regulations, an inspector may, subject to subsection (5), at any reasonable time, enter and inspect any factory, magazine, vehicle or other place in which the inspector believes on reasonable grounds any explosive is being manufactured, tested, stored, sold or transported, any restricted component is being stored or sold, or any fireworks are being or are intended to be used, and the inspector may 1993, c. 32, s. 8 42. Sections 14.1 and 14.2 of the Act are replaced by the following: Seizure 14.1 (1) If, in carrying out an inspection at any place under this section, an inspector believes on reasonable grounds that an offence under this Act has been committed, the inspector may seize and detain any explosive or any restricted component (a) by means of which or in relation to which the inspector believes on reasonable grounds the offence was committed; or �� C. 15 Public Saf (b) that the inspector believes on reasonable grounds will afford evidence in respect of the commission of the offence. Storage (2) The seized explosive or restricted component shall, at the discretion of the inspector, be detained and stored at the place where it was seized or be moved to any other place for storage. Storage (3) The explosive or restricted component may be moved to and stored at any other place, on the application of the owner or the person having the possession of it at the time of its seizure. Prohibition (4) Except as authorized by an inspector, no person shall examine, remove, alter or interfere in any way with an explosive or a restricted component that is seized and detained under this Act. Safety measures 14.2 If an inspector believes on reasonable grounds that any activities relating to the manufacture, testing, storage, transportation or sale of explosives or restricted components or the use of fireworks are being carried out in contravention of this Act or the regulations, the inspector may direct the taking of, or take, any measures necessary to remedy the contravention. 1993, c. 32, s. 8 43. Section 14.4 of the English version of the Act is replaced by the following: Detention 14.4 (1) An explosive or a restricted component that is seized and detained under section 14.1 shall not be detained after the expiry of ninety days after the day of the seizure unless, before that expiry, it is forfeited under section 14.6 or 26 or proceedings are instituted in relation to it. Continued detention (2) If proceedings are instituted in relation to a seized explosive or restricted component, the explosive or restricted component may be detained until the proceedings are finally concluded or an order is made under subsection 14.5(2). Sécurité publ 1993, c. 32, s. 8 44. Sections 14.5 and 14.6 of the Act are replaced by the following: Application for return 14.5 (1) If proceedings are instituted in respect of a seized explosive or restricted component, the owner or the person having the possession of it at the time of its seizure may apply to the court before which the proceedings are being held for an order that it be returned. Order (2) On application under subsection (1), the court may order that the explosive or restricted component be returned to the applicant, subject to any conditions that the court may impose to ensure that it is preserved for any purpose for which it may subsequently be required, if the court is satisfied that sufficient evidence exists or may reasonably be obtained without detaining it. Consent to forfeiture 14.6 If the owner of an explosive or a restricted component that is seized and detained under this Act consents in writing to its forfeiture, it is forfeited to Her Majesty in right of Canada. 1993, c. 32, ss. 10, 11 45. Sections 20 and 21 of the Act are replaced by the following: Acts likely to cause explosion or fire 20. Every person who abandons any explosive or who commits any act that is likely to cause an explosion or fire in or about any factory or magazine or any vehicle in which an explosive is being conveyed is guilty of an offence and is liable (a) on summary conviction, to a fine not exceeding two hundred and fifty thousand dollars or to imprisonment for a term not exceeding two years or to both; or (b) on proceedings by way of indictment, to a fine not exceeding five hundred thousand dollars or to imprisonment for a term not exceeding five years or to both. Possession, etc. 21. (1) Except as authorized by or under this Act, every person who, personally or by an agent, acquires, is in possession of, sells, offers for sale, stores, uses, makes, manufactures, transports, imports, exports or delivers any explosive, or acquires, is in possession of, sells or offers for sale any restricted component, is guilty of an offence and is liable �� C. 15 Public Saf (a) on summary conviction, to a fine not exceeding two hundred and fifty thousand dollars or to imprisonment for a term not exceeding two years or to both; or (b) on proceedings by way of indictment, to a fine not exceeding five hundred thousand dollars or to imprisonment for a term not exceeding five years or to both. No offence (2) No person shall be convicted under subsection (1) of having an explosive or a restricted component in their possession if the person establishes that they manufactured, imported or acquired it in accordance with the requirements of this Act and the regulations. Continuing offence 21.1 If an offence under this Act is committed or continued on more than one day, the person who committed the offence is liable to be convicted for a separate offence for each day on which the offence is committed or continued. 1993, c. 32, s. 12 46. Subsection 22(1) of the Act is replaced by the following: General punishment 22. (1) Every person who contravenes any provision of this Act or the regulations, for which no punishment has been provided, is guilty of an offence punishable on summary conviction and is liable (a) for a first offence, to a fine not exceeding fifty thousand dollars; and (b) for each subsequent offence, to a fine not exceeding one hundred thousand dollars. 1993, c. 32, s. 12 47. Subsection 23(1) of the Act is replaced by the following: Disclosure of confidential information 23. (1) Subject to subsection (2) and the regulations, any person who, without the express authority of the Minister, knowingly discloses any confidential information obtained under this Act is guilty of an offence and is liable (a) on summary conviction, to a fine not exceeding five thousand dollars; or (b) on proceedings by way of indictment, to a fine not exceeding ten thousand dollars or Sécurité publ to imprisonment for a term not exceeding six months or to both. 48. Section 24 of the Act is replaced by the following: Limitation period 24. (1) Any proceedings under this Act may be instituted at any time within, but not later than, twelve months after the day on which the Minister becomes aware of the subject-matter of the proceedings. Certificate (2) A document purporting to have been issued by the Minister, certifying the day on which the Minister became aware of the subject-matter of any proceedings, is admissible in evidence without proof of the signature or the official character of the person appearing to have signed the document and, in the absence of any evidence to the contrary, is proof of the matter asserted in it. 1993, c. 32, s. 14 49. Section 26 of the Act is replaced by the following: Forfeiture to Crown 26. (1) When a person is convicted of an offence for acquiring, having in their possession, selling, offering for sale, storing, using, making, manufacturing, transporting, importing, exporting or delivering any explosive or restricted component, the court or judge, in addition to any other penalty that may be imposed, shall, in the case of an illicitly manufactured or illicitly trafficked explosive or an explosive that is not an authorized explosive, and may, in the case of an authorized explosive or a restricted component, declare that the explosive or restricted component by means of which or in relation to which the offence was committed be forfeited to the Crown. Disposal of explosive or component forfeited (2) If an explosive or a restricted component is forfeited under section 14.6 or subsection (1) and the time within which an appeal may be taken has expired or any appeal has been disposed of, it may be seized and disposed of as the Minister directs, and the costs of its disposal may be charged to the owner or the person having the lawful possession of it at the time of its seizure. �� C. 15 Public Saf 50. Section 27 of the French version of the Act is replaced by the following: Explosifs abandonnés ou détériorés 27. Les explosifs qui, de l’avis du ministre, sont abandonnés, détériorés ou constituent un danger pour les personnes ou les biens, peuvent être saisis; il peut en être disposé, notamment par destruction, conformément à ce qu’ordonne le ministre quant aux modalités, au moment et au lieu, ainsi qu’aux personnes chargées de le faire. 1995, c. 39, s. 170 51. Sections 28 and 29 of the Act are replaced by the following: Certain powers of Minister may be delegated 28. The powers conferred on the Minister by subsections 6(2) and (3) and sections 7, 9, 11, 12 and 27 may be exercised by any person designated by the Minister. Obligation to comply with other laws 29. Nothing in this Act relieves any person (a) of the obligation to comply with the requirements of any Act of Parliament relating to explosives or components of explosives or the requirements of any licence law, or other law or by-law of any province or municipality, lawfully enacted in relation to explosives, especially requirements in relation to the acquisition, possession, storage, handling, sale, transportation or delivery of explosives or components of explosives; or (b) of any liability or punishment imposed for any contravention of an Act, law or by-law referred to in paragraph (a). PART 8 R.S., c. E-19 EXPORT AND IMPORT PERMITS ACT 52. The long title of the Export and Import Permits Act is replaced by the following: An Act respecting the export and transfer of goods and technology and the import of goods 53. (1) The definition ‘‘Export Control List’’ in subsection 2(1) of the Act is replaced by the following: 2004 ‘‘Export Control List’’ « liste des marchandises d’exportation contrôlée » Sécurité publ ‘‘Export Control List’’ means a list of goods and technology established under section 3; (2) Subsection 2(1) of the Act is amended by adding the following in alphabetical order: ‘‘technology’’ « technologie » ‘‘technology’’ includes technical data, technical assistance and information necessary for the development, production or use of an article included in an Export Control List; ‘‘transfer’’ « transfert » ‘‘transfer’’ means, in relation to technology, to dispose of it or disclose its content in any manner from a place in Canada to a place outside Canada; 54. The portion of section 3 of the Act before paragraph (a) is replaced by the following: Export control list of goods and technology 3. The Governor in Council may establish a list of goods and technology, to be called an Export Control List, including therein any article the export or transfer of which the Governor in Council deems it necessary to control for any of the following purposes: 55. Section 4 of the Act is replaced by the following: Area control list of countries 4. The Governor in Council may establish a list of countries, to be called an Area Control List, including therein any country to which the Governor in Council deems it necessary to control the export or transfer of any goods or technology. 1991, c. 28, s. 3; 1994, c. 47, s. 107 56. Subsections 7(1) and (1.1) of the Act are replaced by the following: Export permits 7. (1) Subject to subsection (2), the Minister may issue to any resident of Canada applying therefor a permit to export or transfer goods or technology included in an Export Control List or to export or transfer goods or technology to a country included in an Area Control List, in such quantity and of such quality, by such persons, to such places or persons and subject �� C. 15 Public Saf to such other terms and conditions as are described in the permit or in the regulations. Security considerations (1.01) In deciding whether to issue a permit under subsection (1), the Minister may, in addition to any other matter that the Minister may consider, have regard to whether the goods or technology specified in an application for a permit may be used for a purpose prejudicial to (a) the safety or interests of the State by being used to do anything referred to in paragraphs 3(1)(a) to (n) of the Security of Information Act; or (b) peace, security or stability in any region of the world or within any country. General permits (1.1) Notwithstanding subsection (1), the Minister may, by order, issue generally to all residents of Canada a general permit to export or transfer to any country specified in the permit any goods or technology included in an Export Control List that are specified in the permit, subject to such terms and conditions as are described in the permit. 57. Section 11 of the Act is replaced by the following: Other lawful obligations not affected by permit, etc. 11. A permit, certificate or other authorization issued or granted under this Act does not affect the obligation of any person to obtain any licence, permit or certificate to export or import that may be required under this or any other law or to pay any tax, duty, toll, impost or other sum required by any law to be paid in respect of the exportation or transfer of goods or technology or the importation of goods. 58. Paragraphs 12(d) and (e) of the Act are replaced by the following: (d) respecting the certification, authorization or other control of any in-transit movement through any port or place of any goods or technology that is exported or transferred from Canada or of any goods that come into any port or place in Canada; Sécurité publ (e) exempting any person, goods or technology or any class of persons, goods or technology from the operation of any or all of the provisions of this Act; and 59. Section 13 of the Act is replaced by the following: Export or attempt to export 13. No person shall export or transfer, or attempt to export or transfer, any goods or technology included in an Export Control List or any goods or technology to any country included in an Area Control List except under the authority of and in accordance with an export permit issued under this Act. 1991, c. 28, s. 4 60. Subsection 15(1) of the Act is replaced by the following: Diversion, etc. 15. (1) Subject to subsection (2), and except with the authority in writing of the Minister, no person shall knowingly do anything in Canada that causes or assists or is intended to cause or assist any shipment, transhipment, diversion or transfer of any goods or technology included in an Export Control List to be made, from Canada or any other place, to any country included in an Area Control List. 61. Section 16 of the Act is replaced by the following: No transfer or unauthorized use of permits 16. No person who is authorized under a permit issued under this Act to export or transfer goods or technology or to import goods shall transfer the permit to, or allow it to be used by, a person who is not so authorized. 1994, c. 47, s. 114 62. Section 17 of the Act is replaced by the following: False or misleading information, and misrepresentation 17. No person shall wilfully furnish any false or misleading information or knowingly make any misrepresentation in any application for a permit, import allocation, certificate or other authorization under this Act, and no person shall do so for the purpose of procuring �� C. 15 Public Saf its issue or grant or in connection with any subsequent use of the permit, import allocation, certificate or other authorization or with the exportation, importation, transfer or disposition of goods or technology to which it relates. 1991, c. 28, s. 5(2); 1995, c. 22, s. 18 (Sch. IV, item 26) 63. Subsection 19(3) of the Act is replaced by the following: Factors to be considered when imposing sentence (3) If an offender is convicted or discharged under section 730 of the Criminal Code in respect of an offence under this Act or the regulations, the court imposing a sentence on or discharging the offender shall, in addition to considering any other relevant factors, consider the nature and value of the exported or transferred goods or technology, or the imported goods, that are the subject-matter of the offence. 64. Subsection 23(1) of the Act is replaced by the following: Evidence 23. (1) The original or a copy of a bill of lading, customs form, commercial invoice or other document, in this section called a ‘‘shipping document’’, is admissible in evidence in any prosecution under this Act in respect of goods or technology if it appears from the shipping document that (a) the goods or technology was sent, shipped or transferred from Canada or the goods came into Canada; (b) a person, as shipper, consignor or consignee, sent, shipped or transferred the goods or technology from Canada or brought the goods into Canada; or (c) the goods or technology was sent, shipped or transferred to a destination or person other than as authorized in the export permit relating to the goods or technology or the import permit relating to the goods. Sécurité publ R.S., c. 1 (2nd Supp.), s. 213(2)(Sch. II, item 6)(F), s. 213(4)(Sch. IV, item 3)(E) 65. Sections 24 and 25 of the Act are replaced by the following: Customs officers’ duties 24. All officers, as defined in the Customs Act, before permitting the export or transfer of any goods or technology or the import of any goods, shall satisfy themselves that the exporter, importer or transferor, as the case may be, has not contravened any of the provisions of this Act or the regulations and that all requirements of this Act and the regulations with reference to the goods or technology have been complied with. Application of powers under the Customs Act 25. All officers, as defined in the Customs Act, have, with respect to any goods or technology to which this Act applies, all the powers they have under the Customs Act with respect to the importation and exportation of goods, and all the provisions of that Act and the regulations under it respecting search, detention, seizure, forfeiture and condemnation apply, with such modifications as the circumstances require, to any goods or technology that is tendered for export, transfer or import or is exported, transferred or imported or otherwise dealt with contrary to this Act and the regulations and to all documents relating to the goods or technology. PART 9 R.S., c. F-27 FOOD AND DRUGS ACT 66. The Food and Drugs Act is amended by adding the following after section 30: Interim Orders Interim orders 30.1 (1) The Minister may make an interim order that contains any provision that may be contained in a regulation made under this Act if the Minister believes that immediate action is required to deal with a significant risk, direct or indirect, to health, safety or the environment. �� Cessation of effect C. 15 Public Saf (2) An interim order has effect from the time that it is made but ceases to have effect on the earliest of (a) 14 days after it is made, unless it is approved by the Governor in Council, (b) the day on which it is repealed, (c) the day on which a regulation made under this Act, that has the same effect as the interim order, comes into force, and (d) one year after the interim order is made or any shorter period that may be specified in the interim order. Contravention of unpublished order Exemption from Statutory Instruments Act (3) No person shall be convicted of an offence consisting of a contravention of an interim order that, at the time of the alleged contravention, had not been published in the Canada Gazette unless it is proved that, at the time of the alleged contravention, the person had been notified of the interim order or reasonable steps had been taken to bring the purport of the interim order to the notice of those persons likely to be affected by it. (4) An interim order (a) is exempt from the application of sections 3, 5 and 11 of the Statutory Instruments Act; and (b) shall be published in the Canada Gazette within 23 days after it is made. Deeming (5) For the purpose of any provision of this Act other than this section, any reference to regulations made under this Act is deemed to include interim orders, and any reference to a regulation made under a specified provision of this Act is deemed to include a reference to the portion of an interim order containing any provision that may be contained in a regulation made under the specified provision. Tabling of order (6) A copy of each interim order must be tabled in each House of Parliament within 15 days after it is made. House not sitting (7) In order to comply with subsection (6), the interim order may be sent to the Clerk of the House if the House is not sitting. Sécurité publ PART 10 R.S., c. H-3 HAZARDOUS PRODUCTS ACT 67. The Hazardous Products Act is amended by adding the following after section 5: Interim Orders Interim orders — regulations 5.1 (1) The Minister may make an interim order that contains any provision that may be contained in a regulation made under this Part if the Minister believes that immediate action is required to deal with a significant risk, direct or indirect, to health or safety. Interim orders — section 6 (2) The Minister may make an interim order in which any power referred to in section 6 is deemed to be exercised, if the Minister believes that immediate action is required to deal with a significant risk, direct or indirect, to health or safety. Cessation of effect (3) An interim order has effect from the time that it is made but ceases to have effect on the earliest of (a) 14 days after it is made, unless it is approved by the Governor in Council, (b) the day on which it is repealed, (c) in the case of an interim order made under subsection (1), the day on which a regulation made under this Part that has the same effect as the interim order comes into force and, in the case of an interim order made under subsection (2), the day on which an order made by the Governor in Council under this Part that has the same effect as the interim order comes into force, and (d) one year after the interim order is made or any shorter period that may be specified in the interim order. Contravention of unpublished order (4) No person shall be convicted of an offence consisting of a contravention of an interim order that, at the time of the alleged contravention, had not been published in the Canada Gazette unless it is proved that, at the time of the alleged contravention, the person had been notified of the interim order or reasonable steps had been taken to bring the �� C. 15 Public Saf purport of the interim order to the notice of those persons likely to be affected by it. Exemption from Statutory Instruments Act (5) An interim order (a) is exempt from the application of sections 3, 5 and 11 of the Statutory Instruments Act; and (b) shall be published in the Canada Gazette within 23 days after it is made. Deeming (6) For the purpose of any provision of this Part other than this section, any reference to regulations made under this Act is deemed to include interim orders, and any reference to a regulation made under a specified provision of this Act is deemed to include a reference to the portion of an interim order containing any provision that may be contained in a regulation made under the specified provision. Tabling of order (7) A copy of each interim order must be tabled in each House of Parliament within 15 days after it is made. House not sitting (8) In order to comply with subsection (7), the interim order may be sent to the Clerk of the House if the House is not sitting. 68. The Act is amended by adding the following after section 16: Interim Orders Interim orders — regulations 16.1 (1) The Minister may make an interim order that contains any provision that may be contained in a regulation made under this Part if the Minister believes that immediate action is required to deal with a significant risk, direct or indirect, to health or safety. Interim orders — sections 17 and 18 (2) The Minister may make an interim order in which any power referred to in sections 17 and 18 is deemed to be exercised, if the Minister believes that immediate action is required to deal with a significant risk, direct or indirect, to health or safety. Cessation of effect (3) An interim order has effect from the time that it is made but ceases to have effect on the earliest of Sécurité publ (a) 14 days after it is made, unless it is approved by the Governor in Council, (b) the day on which it is repealed, (c) in the case of an interim order made under subsection (1), the day on which a regulation made under this Part that has the same effect as the interim order comes into force and, in the case of an interim order made under subsection (2), the day on which an order made by the Governor in Council under this Part that has the same effect as the interim order comes into force, and (d) one year after the interim order is made or any shorter period that may be specified in the interim order. Contravention of unpublished order Exemption from Statutory Instruments Act (4) No person shall be convicted of an offence consisting of a contravention of an interim order that, at the time of the alleged contravention, had not been published in the Canada Gazette unless it is proved that, at the time of the alleged contravention, the person had been notified of the interim order or reasonable steps had been taken to bring the purport of the interim order to the notice of those persons likely to be affected by it. (5) An interim order (a) is exempt from the application of sections 3, 5 and 11 of the Statutory Instruments Act; and (b) shall be published in the Canada Gazette within 23 days after it is made. Deeming (6) For the purpose of any provision of this Part other than this section and section 19, any reference to regulations made under this Act is deemed to include interim orders, and any reference to a regulation made under a specified provision of this Act is deemed to include a reference to the portion of an interim order containing any provision that may be contained in a regulation made under the specified provision. �� C. 15 Public Saf Tabling of order (7) A copy of each interim order must be tabled in each House of Parliament within 15 days after it is made. House not sitting (8) In order to comply with subsection (7), the interim order may be sent to the Clerk of the House if the House is not sitting. 69. The Act is amended by adding the following after section 27: Interim Orders Interim orders 27.1 (1) The Minister may make an interim order that contains any provision that may be contained in a regulation made under this Part if the Minister believes that immediate action is required to deal with a significant risk, direct or indirect, to health or safety. Cessation of effect (2) An interim order has effect from the time that it is made but ceases to have effect on the earliest of (a) 14 days after it is made, unless it is approved by the Governor in Council, (b) the day on which it is repealed, (c) the day on which a regulation made under this Part, that has the same effect as the interim order, comes into force, and (d) one year after the interim order is made or any shorter period that may be specified in the interim order. Contravention of unpublished order Exemption from Statutory Instruments Act (3) No person shall be convicted of an offence consisting of a contravention of an interim order that, at the time of the alleged contravention, had not been published in the Canada Gazette unless it is proved that, at the time of the alleged contravention, the person had been notified of the interim order or reasonable steps had been taken to bring the purport of the interim order to the notice of those persons likely to be affected by it. (4) An interim order (a) is exempt from the application of sections 3, 5 and 11 of the Statutory Instruments Act; and Sécurité publ (b) shall be published in the Canada Gazette within 23 days after it is made. Deeming (5) For the purpose of any provision of this Part other than this section, any reference to regulations made under this Act is deemed to include interim orders, and any reference to a regulation made under a specified provision of this Act is deemed to include a reference to the portion of an interim order containing any provision that may be contained in a regulation made under the specified provision. Tabling of order (6) A copy of each interim order must be tabled in each House of Parliament within 15 days after it is made. House not sitting (7) In order to comply with subsection (6), the interim order may be sent to the Clerk of the House if the House is not sitting. PART 11 2001, c. 27 IMMIGRATION AND REFUGEE PROTECTION ACT 70. Subsection 5(2) of the Immigration and Refugee Protection Act is replaced by the following: Tabling and referral of proposed regulations (2) The Minister shall cause a copy of each proposed regulation made pursuant to sections 17, 32, 53, 61, 102, 116, 150 and 150.1 to be laid before each House of Parliament, and each House shall refer the proposed regulation to the appropriate Committee of that House. 71. (1) Paragraph 149(a) of the Act is replaced by the following: (a) the information may be used only for the purposes of this Act or the Department of Citizenship and Immigration Act or to identify a person for whom a warrant of arrest has been issued in Canada; and (2) Paragraph 149(b) of the English version of the Act is replaced by the following: (b) notice regarding use of the information must be given to the person to whom it relates. �� C. 15 Public Saf 72. The Act is amended by adding the following after section 150: Sharing of Information Regulations 150.1 (1) The regulations may provide for any matter relating to (a) the collection, retention, disposal and disclosure of information for the purposes of this Act; and (b) the disclosure of information for the purposes of national security, the defence of Canada or the conduct of international affairs, including the implementation of an agreement or arrangement entered into under section 5 of the Department of Citizenship and Immigration Act. Conditions (2) Regulations made under subsection (1) may include conditions under which the collection, retention, disposal and disclosure may be made. PART 12 1994, c. 40 MARINE TRANSPORTATION SECURITY ACT 73. The Marine Transportation Security Act is amended by adding the following after section 11: AGREEMENTS, CONTRIBUTIONS AND GRANTS Agreements, contributions and grants 11.1 (1) The Minister may, with the approval of the Governor in Council given on the recommendation of the Treasury Board and on any terms and conditions specified by the Governor in Council on the recommendation of the Treasury Board, enter into agreements respecting security of marine transportation or make contributions or grants in respect of the cost or expense of actions that in the opinion of the Minister enhance security on vessels or at marine facilities. Deeming (2) Subsection (1) is deemed, for the purposes of paragraph 25(b) of the Canada Marine Act, to be a provision of an Act of general application providing for grants. 2004 Sunset provision Sécurité publ (3) Subsections (1) and (2) cease to apply three years after the day on which this section comes into force. PART 13 R.S., c. N-5 NATIONAL DEFENCE ACT 74. The definitions ‘‘emergency’’ and ‘‘Minister’’ in subsection 2(1) of the National Defence Act are replaced by the following: ‘‘emergency’’ « état d’urgence » ‘‘emergency’’ means an insurrection, riot, invasion, armed conflict or war, whether real or apprehended; ‘‘Minister’’ « ministre » ‘‘Minister’’, except in Part VII, means the Minister of National Defence; 75. The portion of subsection 16(1) of the Act before paragraph (a) is replaced by the following: Special force 16. (1) In an emergency, or if considered desirable in consequence of any action undertaken by Canada under the United Nations Charter or the North Atlantic Treaty, the North American Aerospace Defence Command Agreement or any other similar instrument to which Canada is a party, the Governor in Council may establish and authorize the maintenance of a component of the Canadian Forces, called the special force, consisting of R.S., c. 31 (1st Supp.), s. 60 (Sch. I, item 14) 76. Subsection 31(1) of the Act is amended by striking out the word ‘‘or’’ at the end of paragraph (a) and by replacing paragraph (b) with the following: (b) in consequence of any action undertaken by Canada under the United Nations Charter; or (c) in consequence of any action undertaken by Canada under the North Atlantic Treaty, the North American Aerospace Defence Command Agreement or any other similar instrument to which Canada is a party. 77. The Act is amended by adding the following after section 165.27: �� C. 15 Public Saf Reserve Military Judges Panel Panel established 165.28 There is established a panel, called the Reserve Military Judges Panel (in this section and sections 165.29 to 165.32 referred to as the ‘‘Panel’’), to which the Governor in Council may name officers of the reserve force who have previously performed (a) the duties of a military judge under this Act; or (b) before September 1, 1999, the duties of a president of a Standing Court Martial, a presiding judge of a Special General Court Martial or a judge advocate of a General Court Martial or Disciplinary Court Martial. Removal from Panel 165.29 (1) The Governor in Council may remove from the Panel for cause the name of any officer on the recommendation of an Inquiry Committee referred to in section 165.21. Automatic removal from Panel (2) The name of an officer shall be removed from the Panel on the officer’s (a) reaching the retirement age prescribed by regulations made by the Governor in Council; or (b) voluntarily ceasing to be an officer of the reserve force. Voluntary removal from Panel (3) An officer may give notice in writing to the Chief Military Judge that the officer wishes their name to be removed from the Panel. The removal takes effect either on the day the notice is received by the Chief Military Judge or on a later day if one is specified in the notice. Restriction on activities 165.3 An officer named to the Panel shall not engage in any business or professional activity that is incompatible with the duties that he or she may be required to perform under this Act. Chief Military Judge 165.31 (1) The Chief Military Judge may select any officer named to the Panel to perform any duties referred to in section 165.23 that may be specified by the Chief Military Judge. Sécurité publ Effect of selection (2) An officer who is performing duties pursuant to subsection (1) has, while performing those duties, all the powers and duties of a military judge. Training (3) The Chief Military Judge may request any officer named to the Panel to undergo any training that may be specified by the Chief Military Judge. Remuneration 165.32 An officer named to the Panel who is performing duties or undergoing training under section 165.31 shall be paid remuneration at the daily rate of 1/251 of the annual rate of pay of a military judge other than the Chief Military Judge. 78. The Act is amended by adding the following after section 273.7: PART V.2 AUTHORIZATIONS Computer Systems and Networks Ministerial authorization 273.8 (1) The Minister may authorize in writing, either individually or by class, any public servant employed in the Department, or any person acting on behalf of the Department or the Canadian Forces who is performing duties relating to the operation, maintenance or protection of computer systems or networks of the Department or the Canadian Forces, to intercept private communications in relation to an activity or class of activities specified in the authorization, if such communications originate from, are directed to or transit through any such computer system or network, in the course of and for the sole purpose of identifying, isolating or preventing any harmful unauthorized use of, any interference with or any damage to those systems or networks, or any damage to the data that they contain. Authorization to Chief of Defence Staff (2) The Minister may authorize in writing the Chief of the Defence Staff to direct, either individually or by class, any officer or noncommissioned member to intercept private communications in relation to an activity or class of activities specified in the authorization, if such communications originate from, are directed to or transit through any computer �� C. 15 Public Saf system or network of the Department or the Canadian Forces, in the course of and for the sole purpose of identifying, isolating or preventing any harmful unauthorized use of, any interference with or any damage to those systems or networks, or any damage to the data that they contain. Conditions for authorization (3) The Minister may issue an authorization under subsection (1) or (2) only if satisfied that (a) the interception is necessary to identify, isolate or prevent any harmful unauthorized use of, any interference with or any damage to the systems or networks, or any damage to the data that they contain; (b) the information to be obtained from the interception could not reasonably be obtained by other means; (c) the consent of persons whose private communications may be intercepted cannot reasonably be obtained; (d) satisfactory measures are in place to ensure that only information that is essential to identify, isolate or prevent any harmful unauthorized use of, any interference with or any damage to the systems or networks, or any damage to the data that they contain, will be used or retained; and (e) satisfactory measures are in place to protect the privacy of Canadians in the use or retention of that information. Conditions in authorization (4) An authorization issued under this section may contain any conditions that the Minister considers advisable to protect the privacy of Canadians, including additional measures to restrict the use and retention of, the access to, and the form and manner of disclosure of, information contained in the private communications. Sécurité publ Effective period of authorization (5) An authorization issued under this section is valid for the period specified in it, and may be renewed for any period specified in the renewal. No authorization or renewal may be for a period longer than one year. Variance or cancellation of authorization (6) An authorization issued under this section may be varied or cancelled in writing at any time. Authorizations not statutory instruments (7) Authorizations issued under this section are not statutory instruments within the meaning of the Statutory Instruments Act. Protection of persons (8) Notwithstanding any other law, every person or class of persons that is authorized to give effect to an authorization issued under this section, or any person who assists such a person, is justified in taking any reasonable action necessary to give effect to the authorization. Crown Liability and Proceedings Act (9) No action lies under section 18 of the Crown Liability and Proceedings Act in respect of (a) the use or disclosure of any communication intercepted under the authority of an authorization issued under this section, if the use or disclosure of the communication is reasonably necessary to identify, isolate or prevent any harmful unauthorized use of, any interference with or any damage to the systems or networks, or any damage to the data that they contain; or (b) the disclosure of the existence of such a communication. Exclusion of Part VI of Criminal Code (10) Part VI of the Criminal Code does not apply in relation to an interception of a communication under the authority of an authorization issued under this section or in relation to a communication so intercepted. Duties of Commissioner 273.9 (1) The Commissioner of the Communications Security Establishment appointed under subsection 273.63(1) has, in relation to the activities referred to in section 273.8, the following duties: (a) to review activities carried out under an authorization issued under that section to �� C. 15 Public Saf ensure that they are in compliance with the law, and to report annually to the Minister on the review; (b) in response to a complaint, to undertake any investigation that the Commissioner considers necessary; and (c) to inform the Minister and, if the Commissioner considers it appropriate, the Attorney General of Canada, of any activity referred to in paragraph (a) that the Commissioner believes may not be in compliance with the law. Certain provisions apply (2) For the purposes of subsection (1), subsections 273.63(3) to (6) apply to the Commissioner. 79. Section 278 of the Act is replaced by the following: Call out of Canadian Forces 278. On receiving a requisition in writing made by an attorney general under section 277, the Chief of the Defence Staff, or such officer as the Chief of the Defence Staff may designate, shall, subject to such directions as the Minister considers appropriate in the circumstances and in consultation with that attorney general and the attorney general of any other province that may be affected, call out such part of the Canadian Forces as the Chief of the Defence Staff or that officer considers necessary for the purpose of suppressing or preventing any actual riot or disturbance or any riot or disturbance that is considered as likely to occur. 1998, c. 35, s. 89 80. The headings before section 286 of the Act are replaced by the following: PART VII REINSTATEMENT IN CIVIL EMPLOYMENT Interpretation Definitions 285.01 In this Part, ‘‘employer’’ and ‘‘Minister’’ have the meaning prescribed in regulations made by the Governor in Council. Sécurité publ Reinstatement Employer’s duty to reinstate 285.02 (1) If an officer or non-commissioned member of the reserve force is called out on service in respect of an emergency, the officer’s or member’s employer shall reinstate the officer or member in employment at the expiry of that service. Nature of reinstatement (2) The officer or member must be reinstated in a capacity and under terms and conditions of employment no less favourable to the officer or member than those that would have applied if the officer or member had remained in the employer’s employment. Officer or member must apply (3) An officer or member who wishes to be reinstated must apply to the employer for reinstatement within ninety days after the expiry of the officer’s or member’s actual service or service deemed extended by virtue of section 285.03. Exception (4) The employer’s duty to reinstate an officer or member does not apply in the circumstances prescribed in regulations made by the Governor in Council. Application procedure (5) The procedure for applying for reinstatement is that prescribed in regulations made by the Governor in Council. Hospitalization or incapacity 285.03 If, immediately following the officer’s or member’s service, the officer or member is hospitalized or is physically or mentally incapable of performing the duties of the position to which the officer or member would have been entitled on reinstatement, the period of hospitalization or incapacity, to a maximum prescribed in regulations made by the Governor in Council, is deemed for the purposes of this Part to be part of the period of the officer’s or member’s service. Benefits and obligations on reinstatement 285.04 On reinstatement, an officer’s or member’s benefits, and the employer’s obligations, in respect of remuneration, pension, promotion, permanent status, seniority, paid vacation and other employment benefits shall be in accordance with regulations made by the Governor in Council. �� C. 15 Public Saf Agreements or arrangements 285.05 Any agreement or arrangement between an employer and an officer or member respecting reinstatement continues in force, except to the extent that it is less advantageous to the officer or member than is this Part. Termination without reasonable cause 285.06 During the one-year period following an officer’s or member’s reinstatement, (a) the employer shall not terminate the officer’s or member’s employment without reasonable cause; and (b) if the employer terminates the officer’s or member’s employment, the onus, in any prosecution under section 285.08, is on the employer to establish that the employer had reasonable cause. Administration and Enforcement Reinstatement Officers 285.07 (1) The Minister may designate any person as a Reinstatement Officer to assist in the administration and enforcement of this Part, and shall issue to a Reinstatement Officer a certificate of designation. Powers and duties (2) The powers and duties of Reinstatement Officers are those prescribed in regulations made by the Governor in Council. Requests for information (3) A Reinstatement Officer may make reasonable requests of an employer for information relating to the reinstatement of an officer or member. Offence and Punishment Offence 285.08 (1) Every employer who contravenes section 285.02 or 285.06 or a regulation made for the purpose of section 285.04 is guilty of an offence punishable on summary conviction. Additional order (2) A court that convicts an employer of an offence under subsection (1) may, in addition to any other punishment that it imposes, order the employer to pay to the officer or member affected an amount that the court considers reasonable in the circumstances. 2004 Special case Offence Sécurité publ (3) The failure of an officer or member to perform the duties of their position during a period when the officer or member is being assisted by a Reinstatement Officer is not reasonable cause for terminating the officer’s or member’s employment. 285.09 Every person who fails to comply with a reasonable request made under subsection 285.07(3) is guilty of an offence punishable on summary conviction. Minister may prosecute 285.1 The Minister shall institute and conduct a prosecution under section 285.08, without cost to the officer or member, if the Minister considers that the circumstances warrant a prosecution under that section. Time limit 285.11 Proceedings may be instituted under section 285.08 or 285.09 within, but not later than, one year after the time when the subject-matter of the proceedings arose. Inconsistency with other laws Consultation General 285.12 In the event of any inconsistency between this Part, or regulations made for the purposes of this Part, and any other law, this Part or the regulations prevail to the extent of the inconsistency. 285.13 In the implementation of this Part, the Minister (a) shall consult with the provincial governments; and (b) may consult with any persons, associations, bodies and authorities that the Minister considers to be in a position to assist the Minister. PART VIII OFFENCES TRIABLE BY CIVIL COURTS Application 81. The Act is amended by replacing the words ‘‘Part VII’’ with the words ‘‘Part VIII’’ wherever they occur in the following provisions: (a) the portion of subsection 2(2) before paragraph (a); and (b) subsections 130(1) and (2). �� C. 15 Public Saf PART 14 R.S., c. N-7 NATIONAL ENERGY BOARD ACT 82. The National Energy Board Act is amended by adding the following after section 16.1: Confidentiality 16.2 In respect of any order, or in any proceedings, of the Board under this Act, the Board may take any measures and make any order that the Board considers necessary to ensure the confidentiality of information that is contained in the order or is likely to be disclosed in the proceedings if the Board is satisfied that (a) there is a real and substantial risk that disclosure of the information will impair the security of pipelines, international power lines, buildings, structures or systems, including computer or communication systems, or methods employed to protect them; and (b) the need to prevent disclosure of the information outweighs the public interest in disclosure of orders and proceedings of the Board. 83. (1) Subsection 26(1) of the Act is replaced by the following: Study and review 26. (1) The Board shall study and keep under review matters over which Parliament has jurisdiction relating to (a) the exploration for, and the production, recovery, manufacture, processing, transmission, transportation, distribution, sale, purchase, exchange and disposal of, energy and sources of energy in and outside Canada; and (b) the safety and security of pipelines and international power lines. Report and recommendations to Minister (1.1) The Board shall report on the matters referred to in subsection (1) from time to time to the Minister and shall recommend to the Minister such measures within the jurisdiction of Parliament as it considers necessary or advisable in the public interest for Sécurité publ (a) the control, supervision, conservation, use, marketing and development of energy and sources of energy; and (b) the safety and security of pipelines and international power lines. (2) The portion of subsection 26(2) of the Act before paragraph (a) is replaced by the following: Request of Minister (2) The Board shall, with respect to energy matters, sources of energy and the safety and security of pipelines and international power lines, 1994, c. 10, s. 22 (3) The portion of subsection 26(4) of the Act before paragraph (a) is replaced by the following: Other advisory functions (4) The Board and its officers and employees may, on request, provide advice about energy matters, sources of energy and the safety and security of pipelines and international power lines to 1990, c. 7, s. 17 84. (1) Subsection 48(1) of the Act is replaced by the following: Safety and security 48. (1) To promote the safety and security of operation of a pipeline, the Board may order a company to repair, reconstruct or alter part of the pipeline, and may direct that, until the work is done, that part of the pipeline not be used or be used in accordance with such terms and conditions as the Board may specify. Other measures (1.1) The Board may order a company to take measures that the Board considers necessary for the safety and security of a pipeline. (2) Subsection 48(2) of the English version of the Act is replaced by the following: Regulations as to safety and security (2) The Board may, with the approval of the Governor in Council, make regulations governing the design, construction, operation and abandonment of a pipeline and providing for the protection of property and the environment and the safety and security of the public and of the company’s employees in the �� C. 15 Public Saf construction, operation and abandonment of a pipeline. 1994, c. 10, s. 25 85. Paragraphs 49(1)(a) and (b) of the Act are replaced by the following: (a) the safety and security of the public and of a company’s employees; (b) the protection of property and the environment; (b.1) the safety and security of pipelines; 1994, c. 10, s. 25 86. (1) The portion of subsection 51.1(1) of the English version of the Act before paragraph (a) is replaced by the following: Grounds for making order 51.1 (1) An inspection officer who is expressly authorized by the Board to make orders under this section may make an order if the inspection officer has reasonable grounds to believe that a hazard to the safety or security of the public or of employees of a company or a detriment to property or the environment is being or will be caused by 1994, c. 10, s. 25 (2) Paragraph 51.1(2)(b) of the English version of the Act is replaced by the following: (b) the company or any person involved in the pipeline, the excavation activity or the construction of the facility to take any measure specified in the order to ensure the safety or security of the public or of employees of the company or to protect property or the environment. 1990, c. 7, s. 23 87. Section 58.12 of the Act is replaced by the following: Publication 58.12 (1) The applicant shall publish a notice of the application in the Canada Gazette and such other publications as the Board considers appropriate. Waiver (2) The Board may waive the requirement to publish a notice referred to in subsection (1) if the Board considers that there is a critical shortage of electricity caused by terrorist Sécurité publ activity within the meaning of subsection 83.01(1) of the Criminal Code. 1990, c. 7, s. 23 88. Subsection 58.31(4) of the Act is replaced by the following: Directions (4) The Board may direct the owner of a facility constructed across, on, along or under a power line in contravention of this Act or the Board’s orders or regulations to do such things as the Board considers necessary for the safety or security of the power line and may, if the Board considers that the facility may impair the safety or security of the operation of the power line, direct the owner to reconstruct, alter or remove the facility. 89. Subsection 81(4) of the English version of the Act is replaced by the following: Terms of leave (4) The Board may grant the application referred to in subsection (3) on such terms and conditions for the protection, safety or security of the public as seem expedient to the Board, and may order that such things be done as under the circumstances appear to the Board to be best adapted to remove or diminish the danger arising or likely to arise from the proposed operations. 90. Section 82 of the Act is replaced by the following: Examination of site of mining operations 82. If necessary in order to ascertain whether any mining or prospecting operations have been carried on so as to injure or be detrimental to a pipeline or its safety or security or the safety or security of the public, a company may, with the written permission of the Board and after giving twenty-four hours notice in writing, enter on any lands through or near which its pipeline passes where any mining or prospecting operations are being carried on, and enter into and return from the site of the operations, and for those purposes the company may make use of any apparatus used in connection with the operations and use all necessary means for discovering the distance from its pipeline to the place where the operations are being carried on. �� C. 15 Public Saf 1990, c. 7, s. 28 91. Subsection 112(4) of the Act is replaced by the following: Directions (4) The Board may direct the owner of a facility constructed across, on, along or under a pipeline in contravention of this Act or the Board’s orders or regulations to do such things as the Board considers necessary for the safety or security of the pipeline and may, if the Board considers that the facility may impair the safety or security of the operation of the pipeline, direct the owner to reconstruct, alter or remove the facility. 1990, c. 7, s. 34 92. Section 119.04 of the Act is replaced by the following: Publication 119.04 (1) The applicant shall publish a notice of the application in the Canada Gazette and such other publications as the Board considers appropriate. Waiver (2) The Board may waive the requirement to publish a notice referred to in subsection (1) if the Board considers that there is a critical shortage of electricity outside Canada caused by terrorist activity within the meaning of subsection 83.01(1) of the Criminal Code. 93. The Act is amended by adding the following after section 130: Security regulations 131. (1) The Board may, with the approval of the Governor in Council, make regulations respecting the security of pipelines and international power lines, including, without limiting the generality of the foregoing, regulations respecting standards, plans and audits relating to the security of pipelines and international power lines. Offence and punishment (2) Every person who contravenes any of the regulations made under subsection (1) is guilty of an offence and liable (a) on summary conviction, to a fine not exceeding one hundred thousand dollars or to imprisonment for a term not exceeding one year or to both; or (b) on conviction on indictment, to a fine not exceeding five hundred thousand dollars or to imprisonment for a term not exceeding five years or to both. Sécurité publ PART 15 R.S., c. N-22 NAVIGABLE WATERS PROTECTION ACT 94. The definition ‘‘Minister’’ in section 2 of the Navigable Waters Protection Act is replaced by the following: ‘‘Minister’’ « ministre » ‘‘Minister’’ means the Minister of Fisheries and Oceans; 95. The Act is amended by adding the following after section 13: Interim Orders Interim orders 13.1 (1) The Minister may make an interim order that contains any provision that may be contained in a regulation made under this Part if the Minister believes that immediate action is required to deal with a significant risk, direct or indirect, to safety or security. Cessation of effect (2) An interim order has effect from the time that it is made but ceases to have effect on the earliest of (a) 14 days after it is made, unless it is approved by the Governor in Council, (b) the day on which it is repealed, (c) the day on which a regulation made under this Part, that has the same effect as the interim order, comes into force, and (d) one year after the interim order is made or any shorter period that may be specified in the interim order. Contravention of unpublished order Exemption from Statutory Instruments Act (3) No person shall be convicted of an offence consisting of a contravention of an interim order that, at the time of the alleged contravention, had not been published in the Canada Gazette unless it is proved that, at the time of the alleged contravention, the person had been notified of the interim order or reasonable steps had been taken to bring the purport of the interim order to the notice of those persons likely to be affected by it. (4) An interim order �� C. 15 Public Saf (a) is exempt from the application of sections 3, 5 and 11 of the Statutory Instruments Act; and (b) shall be published in the Canada Gazette within 23 days after it is made. Deeming (5) For the purpose of any provision of this Part other than this section, any reference to regulations made under this Act is deemed to include interim orders, and any reference to a regulation made under a specified provision of this Act is deemed to include a reference to the portion of an interim order containing any provision that may be contained in a regulation made under the specified provision. Tabling of order (6) A copy of each interim order must be tabled in each House of Parliament within 15 days after it is made. House not sitting (7) In order to comply with subsection (6), the interim order may be sent to the Clerk of the House if the House is not sitting. 96. The Act is amended by adding the following after section 31: Interim Orders Interim orders 32. (1) The Minister may make an interim order that contains any provision that may be contained in a regulation made under this Part if the Minister believes that immediate action is required to deal with a significant risk, direct or indirect, to safety or security. Cessation of effect (2) An interim order has effect from the time that it is made but ceases to have effect on the earliest of (a) 14 days after it is made, unless it is approved by the Governor in Council, (b) the day on which it is repealed, (c) the day on which a regulation made under this Part, that has the same effect as the interim order, comes into force, and (d) one year after the interim order is made or any shorter period that may be specified in the interim order. 2004 Contravention of unpublished order Exemption from Statutory Instruments Act Sécurité publ (3) No person shall be convicted of an offence consisting of a contravention of an interim order that, at the time of the alleged contravention, had not been published in the Canada Gazette unless it is proved that, at the time of the alleged contravention, the person had been notified of the interim order or reasonable steps had been taken to bring the purport of the interim order to the notice of those persons likely to be affected by it. (4) An interim order (a) is exempt from the application of sections 3, 5 and 11 of the Statutory Instruments Act; and (b) shall be published in the Canada Gazette within 23 days after it is made. Deeming (5) For the purpose of any provision of this Part other than this section, any reference to regulations made under this Act is deemed to include interim orders, and any reference to a regulation made under a specified provision of this Act is deemed to include a reference to the portion of an interim order containing any provision that may be contained in a regulation made under the specified provision. Tabling of order (6) A copy of each interim order must be tabled in each House of Parliament within 15 days after it is made. House not sitting (7) In order to comply with subsection (6), the interim order may be sent to the Clerk of the House if the House is not sitting. PART 16 R.S., c. 18 (3rd Supp.), Part I OFFICE OF THE SUPERINTENDENT OF FINANCIAL INSTITUTIONS ACT 97. Section 22 of the Office of the Superintendent of Financial Institutions Act is amended by adding the following after subsection (1): �� Disclosure by Superintendent C. 15 Public Saf (1.1) Despite subsection (1), subsections 606(1) and 636(1) of the Bank Act, subsection 435(1) of the Cooperative Credit Associations Act, subsection 672(1) of the Insurance Companies Act and subsection 503(1) of the Trust and Loan Companies Act, the Superintendent may disclose to the Financial Transactions and Reports Analysis Centre of Canada established by section 41 of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act information relating to policies and procedures that financial institutions adopt to ensure their compliance with Part 1 of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act. PART 17 2000, c. 5 PERSONAL INFORMATION PROTECTION AND ELECTRONIC DOCUMENTS ACT 98. (1) Subsection 7(1) of the Personal Information Protection and Electronic Documents Act is amended by striking out the word ‘‘or’’ at the end of paragraph (c), by adding the word ‘‘or’’ at the end of paragraph (d) and by adding the following after paragraph (d): (e) the collection is made for the purpose of making a disclosure (i) under subparagraph (3)(c.1)(i) or (d)(ii), or (ii) that is required by law. (2) Paragraph 7(2)(d) of the Act is replaced by the following: (d) it was collected under paragraph (1)(a), (b) or (e). PART 18 R.S., c. P-9 PEST CONTROL PRODUCTS ACT 99. The Pest Control Products Act is amended by adding the following after section 6: Sécurité publ INTERIM ORDERS Interim orders 6.1 (1) The Minister may make an interim order that contains any provision that may be contained in a regulation made under this Act if the Minister believes that immediate action is required to deal with a significant risk, direct or indirect, to health, safety or the environment. Cessation of effect (2) An interim order has effect from the time that it is made but ceases to have effect on the earliest of (a) 14 days after it is made, unless it is approved by the Governor in Council, (b) the day on which it is repealed, (c) the day on which a regulation made under this Act, that has the same effect as the interim order, comes into force, and (d) one year after the interim order is made or any shorter period that may be specified in the interim order. Contravention of unpublished order Exemption from Statutory Instruments Act (3) No person shall be convicted of an offence consisting of a contravention of an interim order that, at the time of the alleged contravention, had not been published in the Canada Gazette unless it is proved that, at the time of the alleged contravention, the person had been notified of the interim order or reasonable steps had been taken to bring the purport of the interim order to the notice of those persons likely to be affected by it. (4) An interim order (a) is exempt from the application of sections 3, 5 and 11 of the Statutory Instruments Act; and (b) shall be published in the Canada Gazette within 23 days after it is made. Deeming (5) For the purpose of any provision of this Act other than this section, any reference to regulations made under this Act is deemed to include interim orders, and any reference to a regulation made under a specified provision of this Act is deemed to include a reference to the �� C. 15 Public Saf portion of an interim order containing any provision that may be contained in a regulation made under the specified provision. Tabling of order (6) A copy of each interim order must be tabled in each House of Parliament within 15 days after it is made. House not sitting (7) In order to comply with subsection (6), the interim order may be sent to the Clerk of the House if the House is not sitting. PART 19 2000, c. 17; 2001, c. 41. s. 48 PROCEEDS OF CRIME (MONEY LAUNDERING) AND TERRORIST FINANCING ACT 2001, c. 41, s. 66 100. Paragraph 54(b) of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act is replaced by the following: (b) may collect information that the Centre considers relevant to money laundering activities or the financing of terrorist activities and that is publicly available, including commercially available databases, or that is stored in databases maintained by the federal or provincial governments for purposes related to law enforcement or national security and in respect of which an agreement was entered into under subsection 66(1); 101. Section 65 of the Act is renumbered as subsection 65(1) and is amended by adding the following: Compliance of persons or entities (2) For the purpose of ensuring compliance with Part 1, the Centre may disclose to or receive from any agency or body that regulates or supervises persons or entities to whom Part 1 applies information relating to the compliance of those persons or entities with that Part. Limitation (3) Any information disclosed by the Centre under subsection (2) may be used by an agency or body referred to in that subsection only for purposes relating to compliance with Part 1. Sécurité publ PART 20 R.S., c. Q-1 QUARANTINE ACT 102. The Quarantine Act is amended by adding the following after section 21: INTERIM ORDERS Interim orders — regulations 21.1 (1) The Minister may make an interim order that contains any provision that may be contained in a regulation made under this Act if the Minister believes that immediate action is required to deal with a significant risk, direct or indirect, to health or safety. Interim orders — subsection 21(2) (2) The Minister may make an interim order in which any power referred to in subsection 21(2) is deemed to be exercised, if the Minister believes that immediate action is required to deal with a significant risk, direct or indirect, to health or safety. Cessation of effect (3) An interim order has effect from the time that it is made but ceases to have effect on the earliest of (a) 14 days after it is made, unless it is approved by the Governor in Council, (b) the day on which it is repealed, (c) in the case of an interim order made under subsection (1), the day on which a regulation made under this Act that has the same effect as the interim order comes into force and, in the case of an interim order made under subsection (2), the day on which an order made by the Governor in Council under this Act that has the same effect as the interim order comes into force, and (d) one year after the interim order is made or any shorter period that may be specified in the interim order. Contravention of unpublished order (4) No person shall be convicted of an offence consisting of a contravention of an interim order that, at the time of the alleged contravention, had not been published in the Canada Gazette unless it is proved that, at the time of the alleged contravention, the person had been notified of the interim order or reasonable steps had been taken to bring the �� C. 15 Public Saf purport of the interim order to the notice of those persons likely to be affected by it. Exemption from Statutory Instruments Act (5) An interim order (a) is exempt from the application of sections 3, 5 and 11 of the Statutory Instruments Act; and (b) shall be published in the Canada Gazette within 23 days after it is made. Deeming (6) For the purpose of any provision of this Act other than this section, any reference to regulations made under this Act is deemed to include interim orders, and any reference to a regulation made under a specified provision of this Act is deemed to include a reference to the portion of an interim order containing any provisions that may be contained in a regulation made under the specified provision. Tabling of order (7) A copy of each interim order must be tabled in each House of Parliament within 15 days after it is made. House not sitting (8) In order to comply with subsection (7), the interim order may be sent to the Clerk of the House if the House is not sitting. PART 21 R.S., c. R-1 RADIATION EMITTING DEVICES ACT 103. The Radiation Emitting Devices Act is amended by adding the following after section 13: INTERIM ORDERS Interim orders 13.1 (1) The Minister may make an interim order that contains any provision that may be contained in a regulation made under this Act if the Minister believes that immediate action is required to deal with a significant risk, direct or indirect, to health or safety. Cessation of effect (2) An interim order has effect from the time that it is made but ceases to have effect on the earliest of Sécurité publ (a) 14 days after it is made, unless it is approved by the Governor in Council, (b) the day on which it is repealed, (c) the day on which a regulation made under this Act, that has the same effect as the interim order, comes into force, and (d) one year after the interim order is made or any shorter period that may be specified in the interim order. Contravention of unpublished order Exemption from Statutory Instruments Act (3) No person shall be convicted of an offence consisting of a contravention of an interim order that, at the time of the alleged contravention, had not been published in the Canada Gazette unless it is proved that, at the time of the alleged contravention, the person had been notified of the interim order or reasonable steps had been taken to bring the purport of the interim order to the notice of those persons likely to be affected by it. (4) An interim order (a) is exempt from the application of sections 3, 5 and 11 of the Statutory Instruments Act; and (b) shall be published in the Canada Gazette within 23 days after it is made. Deeming (5) For the purpose of any provision of this Act other than this section and subsection 13(2), any reference to regulations made under this Act is deemed to include interim orders, and any reference to a regulation made under a specified provision of this Act is deemed to include a reference to the portion of an interim order containing any provision that may be contained in a regulation made under the specified provision. Tabling of order (6) A copy of each interim order must be tabled in each House of Parliament within 15 days after it is made. House not sitting (7) In order to comply with subsection (6), the interim order may be sent to the Clerk of the House if the House is not sitting. �� C. 15 Public Saf PART 22 CANADA SHIPPING ACTS R.S., c. S-9 Canada Shipping Act 104. The Canada Shipping Act is amended by adding the following after section 8: Interim Orders Interim orders 8.1 (1) The Minister of Transport or the Minister of Fisheries and Oceans, or both, may make an interim order that contains any of the following provisions, if the Minister or Ministers, as the case may be, believe that immediate action is required to deal with a significant risk, direct or indirect, to safety, security or the environment: (a) in the case of the Minister of Transport and the Minister of Fisheries and Oceans, any provision that may be contained in a regulation made under section 562; (b) in the case of the Minister of Fisheries and Oceans, any provision that may be contained in a regulation made under section 423, 519, 562.15, 562.16 or 660.9; and (c) in the case of the Minister of Transport, any provision that may be contained in a regulation made under any other section of this Act, other than section 727.7. Cessation of effect (2) An interim order has effect from the time that it is made but ceases to have effect on the earliest of (a) 14 days after it is made, unless it is approved by the Governor in Council, (b) the day on which it is repealed, (c) the day on which a regulation made under this Act, that has the same effect as the interim order, comes into force, and (d) one year after the interim order is made or any shorter period that may be specified in the interim order. 2004 Contravention of unpublished order Exemption from Statutory Instruments Act Sécurité publ (3) No person or ship shall be convicted of an offence consisting of a contravention of an interim order that, at the time of the alleged contravention, had not been published in the Canada Gazette unless it is proved that, at the time of the alleged contravention, the person or ship had been notified of the interim order or reasonable steps had been taken to bring the purport of the interim order to the notice of those persons or ships likely to be affected by it. (4) An interim order (a) is exempt from the application of sections 3, 5 and 11 of the Statutory Instruments Act; and (b) shall be published in the Canada Gazette within 23 days after it is made. Deeming (5) For the purpose of any provision of this Act other than this section, any reference to regulations made under this Act is deemed to include interim orders, and any reference to a regulation made under a specified provision of this Act is deemed to include a reference to the portion of an interim order containing any provision that may be contained in a regulation made under the specified provision. Tabling of order (6) A copy of each interim order must be tabled in each House of Parliament within 15 days after it is made. House not sitting (7) In order to comply with subsection (6), the interim order may be sent to the Clerk of the House if the House is not sitting. 2001, c. 26 Canada Shipping Act, 2001 105. The Canada Shipping Act, 2001 is amended by adding the following after section 10: �� C. 15 Public Saf Interim Orders Interim orders 10.1 (1) The Minister of Transport or the Minister of Fisheries and Oceans, or both, may make an interim order that contains any of the following provisions, if the Minister or Ministers, as the case may be, believe that immediate action is required to deal with a significant risk, direct or indirect, to safety, security or the environment: (a) in the case of the Minister of Transport and the Minister of Fisheries and Oceans, any provision that may be contained in a regulation made under paragraph 4(a) or subsection 136(2); (b) in the case of the Minister of Fisheries and Oceans, any provision that may be contained in a regulation made under subsection 35(3), Part 5, except subsection 136(2), or Part 7, 8 or 10; and (c) in the case of the Minister of Transport, any provision that may be contained in a regulation made under paragraph 4(b), section 7, subsection 35(1) or Part 2, 3, 4, 6, 9, 11 or 12. Cessation of effect (2) An interim order has effect from the time that it is made but ceases to have effect on the earliest of (a) 14 days after it is made, unless it is approved by the Governor in Council, (b) the day on which it is repealed, (c) the day on which a regulation made under this Act, that has the same effect as the interim order, comes into force, and (d) one year after the interim order is made or any shorter period that may be specified in the interim order. Contravention of unpublished order (3) No person or vessel shall be convicted of an offence consisting of a contravention of an interim order that, at the time of the alleged contravention, had not been published in the Canada Gazette unless it is proved that, at the time of the alleged contravention, the person or vessel had been notified of the interim order or reasonable steps had been taken to bring the purport of the interim order to the notice of those persons or vessels likely to be affected by it. 2004 Exemption from Statutory Instruments Act Sécurité publ (4) An interim order (a) is exempt from the application of sections 3, 5 and 11 of the Statutory Instruments Act; and (b) shall be published in the Canada Gazette within 23 days after it is made. Deeming (5) For the purpose of any provision of this Act other than this section, any reference to regulations made under this Act is deemed to include interim orders, and any reference to a regulation made under a specified provision of this Act is deemed to include a reference to the portion of an interim order containing any provision that may be contained in a regulation made under the specified provision. Tabling of order (6) A copy of each interim order must be tabled in each House of Parliament within 15 days after it is made. House not sitting (7) In order to comply with subsection (6), the interim order may be sent to the Clerk of the House if the House is not sitting. PART 23 BIOLOGICAL AND TOXIN WEAPONS CONVENTION 106. The Biological and Toxin Weapons Convention Implementation Act is enacted as follows: An Act to implement the Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on their Destruction SHORT TITLE Short title 1. This Act may be cited as the Biological and Toxin Weapons Convention Implementation Act. �� C. 15 Public Saf IMPLEMENTATION OF CONVENTION Definition of ‘‘Minister’’ 2. In this Act, ‘‘Minister’’ means the member of the Queen’s Privy Council for Canada that the Governor in Council designates as the Minister for the purposes of this Act. Purpose of Act 3. The purpose of this Act is to fulfil Canada’s obligations under the Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on their Destruction, which entered into force on March 26, 1975, as amended from time to time pursuant to Article XI of that Convention. Publication of amendments 4. The Minister shall, as soon as practicable after any amendment to the Convention is made pursuant to Article XI of the Convention, cause a copy of the amendment to be published in the Canada Gazette. Act binding on Her Majesty 5. This Act is binding on Her Majesty in right of Canada or a province. Prohibition 6. (1) No person shall develop, produce, retain, stockpile, otherwise acquire or possess, use or transfer (a) any microbial or other biological agent, or any toxin, for any purpose other than prophylactic, protective or other peaceful purposes; or (b) any weapon, equipment or means of delivery designed to use such an agent or toxin for hostile purposes or in armed conflict. Biological defence (2) For greater certainty, subsection (1) does not prohibit any program or activity carried out or authorized by Canada and specifically designed to protect or defend humans, animals or plants against the use of any microbial or other biological agent or toxin for hostile purposes or in armed conflict, or to detect or assess the impact of such use. Authorization under regulations 7. (1) Except as authorized under the regulations or any Act of Parliament, no person shall develop, produce, retain, stockpile, otherwise acquire or possess, use or Sécurité publ transfer any microbial or other biological agent or toxin identified in the regulations. Exportation or importation (2) Except as authorized under the Export and Import Permits Act or any other Act of Parliament, no person shall export or import a microbial or other biological agent or toxin identified in the regulations made under this Act. ENFORCEMENT Responsible authority 8. (1) The Minister may designate any person or class of persons to be the responsible authority for the purposes of this Act. Representatives of responsible authority (2) The Minister may designate persons or classes of persons to act as representatives of the responsible authority. Designation of inspectors 9. The Minister may designate persons or classes of persons as inspectors for the purpose of the enforcement of this Act, and set conditions applicable to the person’s inspection activities, after consulting any other Minister who has powers in relation to inspections for biological agents or toxins. Certificates of designation 10. (1) An inspector or a representative of the responsible authority shall be given a certificate of designation, which must state the privileges and immunities applicable to the person and, in the case of an inspector, any conditions applicable under section 9. Production on entry (2) An inspector or a representative of the responsible authority shall, on entering any place under this Act, produce the certificate of designation at the request of any individual in charge of that place. Statutory Instruments Act (3) A certificate of designation is not a statutory instrument for the purposes of the Statutory Instruments Act. Entry and inspection 11. (1) Subject to subsection (5), for the purpose of ensuring compliance with this Act, an inspector may enter and inspect, at any reasonable time, any place in which the �� C. 15 Public Saf inspector believes on reasonable grounds there is (a) any microbial or other biological agent, or any toxin; (b) any weapon, equipment or means of delivery designed to use such an agent or toxin; or (c) any information relevant to the administration of this Act. Powers of inspectors (2) An inspector carrying out an inspection may (a) require the attendance of and question any person who the inspector considers will be able to assist in the inspection; (b) examine, take samples of, detain or remove any thing referred to in subsection (1); (c) require any person to produce for inspection, or to copy, any document that the inspector believes contains any information relevant to the administration of this Act; and (d) require that any individual in charge of the place take any measures that the inspector considers appropriate. Operation of computer and copying equipment (3) An inspector carrying out an inspection may (a) use or cause to be used any computer or data processing system to examine any data contained in or available to the computer or system; (b) reproduce or cause to be reproduced any record from the data, in the form of a printout or other intelligible output, and remove the printout or other output for examination or copying; and (c) use or cause to be used any equipment at the place to make copies of any data or any record, book of account or other document. Inspector may be accompanied (4) An inspector carrying out an inspection may be accompanied by any other person chosen by the inspector. Sécurité publ Warrant to enter dwelling-house (5) An inspector may not enter a dwellinghouse except with the consent of the occupant or under the authority of a warrant issued under subsection (6). Authority to issue warrant (6) If on ex parte application a justice of the peace is satisfied by information on oath that (a) the conditions for entry described in subsection (1) exist in relation to a dwelling-house, (b) entry into the dwelling-house is necessary for any purpose relating to the administration of this Act or the regulations, and (c) entry into the dwelling-house has been refused or there are reasonable grounds to believe that entry will be refused, the justice may issue a warrant authorizing the inspector named in the warrant to enter the dwelling-house, subject to any conditions that may be specified in the warrant. Use of force (7) The inspector may not use force to execute the warrant unless its use is specifically authorized in the warrant. Search and seizure 12. (1) An inspector is a public officer for the purposes of the application of section 487 of the Criminal Code in respect of an offence under subsection 6(1) unless otherwise provided by the conditions set under section 9. Where warrant not necessary (2) An inspector may exercise without a warrant any of the powers conferred by virtue of subsection (1) if the conditions for obtaining a warrant exist but, by reason of exigent circumstances, it would not be practical to obtain a warrant. Notice of reason for seizure (3) An inspector who seizes and detains anything shall, as soon as practicable, advise its owner or the person having the possession, care or control of it at the time of its seizure of the reason for the seizure. Obstruction and false statements 13. (1) No person shall obstruct or hinder, or knowingly make any false or misleading statement either orally or in writing to, an inspector or a representative of the responsible authority engaged in carrying out duties under this Act. �� C. 15 Public Saf Assistance to inspectors (2) The owner or person in charge of a place entered under section 11 and every person present in that place shall give an inspector all reasonable assistance to enable the inspector to perform his or her duties, and shall furnish the inspector with any information related to the administration of this Act that the inspector reasonably requests. Interference (3) Except with the authority of an inspector, no person shall remove, alter or interfere in any way with any thing seized under this Act. Punishment 14. (1) Every person who contravenes section 6 or 7 is guilty of an indictable offence and liable on conviction to a fine not exceeding $1,000,000 or to imprisonment for a term not exceeding ten years, or to both. Punishment (2) Every person who contravenes section 13 or 17, subsection 18(2) or section 19 or any provision of the regulations is guilty of an offence punishable on summary conviction and liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding two years, or to both. Continuing offence 15. Where an offence under this Act is committed or continued on more than one day, the person who committed the offence is liable to be convicted for a separate offence for each day on which the offence is committed or continued. Jurisdiction 16. (1) Where a person is alleged to have committed an offence under this Act, proceedings in respect of that offence may be commenced at the instance of the Government of Canada and conducted by the Attorney General of Canada or counsel acting on his or her behalf in any territorial division in Canada, if the offence is alleged to have occurred outside the province in which the proceedings are commenced, whether or not proceedings have previously been commenced elsewhere in Canada. Trial and punishment (2) An accused may be tried and punished in respect of an offence referred to in subsection (1) in the same manner as if the offence had been committed in the territorial division where the proceeding is conducted. Sécurité publ INFORMATION AND DOCUMENTS Information and documents 17. Every person who develops, produces, retains, stockpiles, otherwise acquires or possesses, uses, transfers, exports or imports any microbial or other biological agent, any toxin or any related equipment identified in the regulations shall (a) provide such information, at such times and in such form, as may be specified by the regulations, to the responsible authority or to any other portion of the public service of Canada specified by the regulations; and (b) keep and maintain in Canada the documents specified by the regulations, at the person’s place of business or at such other place as may be designated by the Minister, in the manner and for the period that is specified by the regulations and, on request by the Minister or the responsible authority, provide the documents to the responsible authority or to any other portion of the public service of Canada specified by the regulations. Notice for disclosure of information 18. (1) The Minister may send a notice to any person who the Minister believes on reasonable grounds has information or documents relevant to the enforcement of this Act, requesting the person to provide the information or documents to the Minister. Compliance with notice (2) A person who receives a notice referred to in subsection (1) shall provide the requested information and documents that are under the person’s care or control to the Minister in the form and within the time specified in the notice. Confidential information 19. No person who obtains information or documents pursuant to this Act or the Convention from a person who consistently treated them in a confidential manner shall knowingly, without the written consent of that person, communicate them or allow them to be communicated to any person, or allow any person to have access to them, except (a) for the purpose of the enforcement or application of this Act or any other Act of Parliament; (b) pursuant to an obligation of the Government of Canada under the Convention; or �� C. 15 Public Saf (c) to the extent that they are required to be disclosed or communicated in the interest of public safety. REGULATIONS Powers of Governor in Council 20. The Governor in Council may, on the recommendation of the Minister and any other Minister who has powers in relation to biological agents or toxins, make regulations (a) defining ‘‘biological agent’’, ‘‘microbial agent’’ and ‘‘toxin’’ for the purposes of this Act; (b) respecting conditions under which activities referred to in subsection 7(1) may be carried on, providing for the issue, suspension and cancellation of authorizations governing the carrying on of any such activity and prescribing the fees or the manner of calculating the fees to be paid in respect of any such authorizations; (c) identifying microbial or other biological agents and toxins for the purposes of subsection 7(1) or (2); (d) respecting the powers, privileges, immunities and obligations of representatives of the responsible authority who are designated under subsection 8(2) and respecting the privileges and immunities of inspectors; (e) respecting the detention, storage, transfer, restoration, forfeiture and disposal — including destruction — of things removed by inspectors under this Act or seized by inspectors under section 487 of the Criminal Code; (f) for the purposes of section 17, identifying microbial or other biological agents and toxins and related equipment, and specifying anything that is to be specified by the regulations; and (g) generally for carrying out the purposes and provisions of the Convention. Sécurité publ PART 24 CONSEQUENTIAL, COORDINATING AND COMMENCEMENT PROVISIONS Consequential Amendments R.S., c. A-1 Access to Information Act 107. Schedule II to the Access to Information Act is amended by replacing the reference to ‘‘subsections 4.8(1) and 6.5(5)’’ opposite the reference to the Aeronautics Act with a reference to ‘‘subsections 4.79(1) and 6.5(5)’’. R.S., c. C-46 Criminal Code 108. The definition ‘‘offence’’ in section 183 of the Criminal Code is replaced by the following: ‘‘offence’’ « infraction » ‘‘offence’’ means an offence contrary to, any conspiracy or attempt to commit or being an accessory after the fact in relation to an offence contrary to, or any counselling in relation to an offence contrary to (a) any of the following provisions of this Act, namely, (i) section 47 (high treason), (ii) section 51 (intimidating Parliament or a legislature), (iii) section 52 (sabotage), (iv) section 57 (forgery, etc.), (v) section 61 (sedition), (vi) section 76 (hijacking), (vii) section 77 (endangering safety of aircraft or airport), (viii) section 78 (offensive weapons, etc., on aircraft), (ix) section 78.1 (offences against maritime navigation or fixed platforms), (x) section 80 (breach of duty), (xi) section 81 (using explosives), (xii) section 82 (possessing explosives), (xii.1) section 83.02 (providing or collecting property for certain activities), �� C. 15 Public Saf (xii.2) section 83.03 (providing, making available, etc., property or services for terrorist purposes), (xii.3) section 83.04 (using or possessing property for terrorist purposes), (xii.4) section 83.18 (participation in activity of terrorist group), (xii.5) section 83.19 (facilitating terrorist activity), (xii.6) section 83.2 (commission of offence for terrorist group), (xii.7) section 83.21 (instructing to carry out activity for terrorist group), (xii.8) section 83.22 (instructing to carry out terrorist activity), (xii.9) section 83.23 (harbouring or concealing), (xii.91) section 83.231 (hoax — terrorist activity), (xiii) section 96 (possession of weapon obtained by commission of offence), (xiv) section 99 (weapons trafficking), (xv) section 100 (possession for purpose of weapons trafficking), (xvi) section 102 (making automatic firearm), (xvii) section 103 (importing or exporting knowing it is unauthorized), (xviii) section 104 (unauthorized importing or exporting), (xix) section 119 (bribery, etc.), (xx) section 120 (bribery, etc.), (xxi) section 121 (fraud on government), (xxii) section 122 (breach of trust), (xxiii) section 123 (municipal corruption), (xxiv) section 132 (perjury), (xxv) section 139 (obstructing justice), (xxvi) section 144 (prison breach), (xxvii) etc.), subsection 145(1) (escape, Sécurité publ (xxviii) paragraph 163(1)(a) (obscene materials), (xxix) section 163.1 (child pornography), (xxx) section 184 (unlawful interception), (xxxi) section 191 (possession of intercepting device), (xxxii) subsection 201(1) (keeping gaming or betting house), (xxxiii) paragraph 202(1)(e) (pool-selling, etc.), (xxxiv) subsection 210(1) (keeping common bawdy house), (xxxv) subsection 212(1) (procuring), (xxxvi) subsection 212(2) (procuring), (xxxvii) subsection 212(2.1) (aggravated offence in relation to living on the avails of prostitution of a person under the age of eighteen years), (xxxviii) subsection 212(4) (offence — prostitution of person under eighteen), (xxxix) section 235 (murder), (xl) section 264.1 (uttering threats), (xli) section 267 (assault with a weapon or causing bodily harm), (xlii) section 268 (aggravated assault), (xliii) section 269 (unlawfully causing bodily harm), (xliv) section 271 (sexual assault), (xlv) section 272 (sexual assault with a weapon, threats to a third party or causing bodily harm), (xlvi) section 273 (aggravated sexual assault), (xlvii) section 279 (kidnapping), (xlviii) section 279.1 (hostage taking), (xlix) section 280 (abduction of person under sixteen), (l) section 281 (abduction of person under fourteen), �� C. 15 Public Saf (li) section 282 (abduction in contravention of custody order), (lii) section 283 (abduction), (liii) section 318 (advocating genocide), (liv) section 327 (possession of device to obtain telecommunication facility or service), (lv) section 334 (theft), (lvi) section 342 (theft, forgery, etc., of credit card), (lvii) section 342.1 (unauthorized use of computer), (lviii) section 342.2 (possession of device to obtain computer service), (lix) section 344 (robbery), (lx) section 346 (extortion), (lxi) section 347 (criminal interest rate), (lxii) section 348 (breaking and entering), (lxiii) section 354 (possession of property obtained by crime), (lxiv) section 356 (theft from mail), (lxv) section 367 (forgery), (lxvi) section 368 (uttering forged document), (lxvii) section 372 (false messages), (lxviii) section 380 (fraud), (lxix) section 381 (using mails to defraud), (lxx) section 382 (fraudulent manipulation of stock exchange transactions), (lxxi) section 423.1 (intimidation of justice system participant or journalist), (lxxii) section 424 (threat to commit offences against internationally protected person), (lxxii.1) section 424.1 (threat against United Nations or associated personnel), Sécurité publ (lxxiii) section 426 (secret commissions), (lxxiv) section 430 (mischief), (lxxv) section 431 (attack on premises, residence or transport of internationally protected person), (lxxv.1) section 431.1 (attack on premises, accommodation or transport of United Nations or associated personnel), (lxxv.2) subsection 431.2(2) (explosive or other lethal device), (lxxvi) section 433 (arson), (lxxvii) section 434 (arson), (lxxviii) section 434.1 (arson), (lxxix) section 435 (arson for fraudulent purpose), (lxxx) section 449 (making counterfeit money), (lxxxi) section 450 (possession, etc., of counterfeit money), (lxxxii) section 452 (uttering, etc., counterfeit money), (lxxxiii) section 462.31 (laundering proceeds of crime), (lxxxiv) subsection 462.33(11) (acting in contravention of restraint order), (lxxxv) section 467.11 (participation in criminal organization), (lxxxvi) section 467.12 (commission of offence for criminal organization), or (lxxxvii) section 467.13 (instructing commission of offence for criminal organization), (b) section 198 (fraudulent bankruptcy) of the Bankruptcy and Insolvency Act, (b.1) any of the following provisions of the Biological and Toxin Weapons Convention Implementation Act, namely, (i) section 6 (production, etc., of biological agents and means of delivery), or �� C. 15 Public Saf (ii) section 7 (unauthorized production, etc., of biological agents), (c) any of the following provisions of the Competition Act, namely, (i) section 45 (conspiracy) in relation to any of the matters referred to in paragraphs 45(4)(a) to (d) of that Act, (ii) section 47 (bid-rigging), or (iii) subsection telemarketing), 52.1(3) (deceptive (d) any of the following provisions of the Controlled Drugs and Substances Act, namely, (i) section 5 (trafficking), (ii) section 6 (importing and exporting), or (iii) section 7 (production), (e) section 3 (bribing a foreign public official) of the Corruption of Foreign Public Officials Act, (e.1) the Crimes Against Humanity and War Crimes Act, (f) either of the following provisions of the Customs Act, namely, (i) section 153 (false statements), or (ii) section 159 (smuggling), (g) any of the following provisions of the Excise Act, 2001, namely, (i) section 214 (unlawful production, sale, etc., of tobacco or alcohol), (ii) section 216 (unlawful possession of tobacco product), (iii) section 218 (unlawful possession, sale, etc., of alcohol), (iv) section 219 (falsifying or destroying records), (v) section 230 (possession of property obtained by excise offences), or (vi) section 231 (laundering proceeds of excise offences), (h) any of the following provisions of the Export and Import Permits Act, namely, Sécurité publ (i) section 13 (export or attempt to export), (ii) section 14 (import or attempt to import), (iii) section 15 (diversion, etc.), (iv) section 16 (no transfer of permits), (v) section 17 (false information), or (vi) section 18 (aiding and abetting), (i) any of the following provisions of the Immigration and Refugee Protection Act, namely, (i) section 117 (organizing entry into Canada), (ii) section 118 (trafficking in persons), (iii) section 119 (disembarking persons at sea), (iv) section 122 (offences related to documents), (v) section 126 (counselling misrepresentation), or (vi) section 129 (offences relating to officers), or (j) any offence under the Security of Information Act, and includes any other offence that there are reasonable grounds to believe is a criminal organization offence or any other offence that there are reasonable grounds to believe is an offence described in paragraph (b) or (c) of the definition ‘‘terrorism offence’’ in section 2; �� C. 15 Public Saf Repeals 2001, c. 32 109. Subsection 81(2) of An Act to amend the Criminal Code (organized crime and law enforcement) and to make consequential amendments to other Acts is repealed. 2001, c. 27 110. Section 245 of the Immigration and Refugee Protection Act is repealed. Coordinating Amendments 2001, c. 29 Transportation Appeal Tribunal of Canada Act 111. (1) On the later of the coming into force of subsection 36(2) of the Transportation Appeal Tribunal of Canada Act and subsection 13(3) of this Act, subsections 7(7) and (8) of the Aeronautics Act are replaced by the following: Determination (7) The member of the Tribunal conducting the review may make the following determination: (a) if the decision of the Minister relates to a person’s designation under section 4.84, the member may determine the matter by confirming the Minister’s decision or by referring the matter back to the Minister for reconsideration; or (b) if the decision of the Minister relates to any other Canadian aviation document, the member may determine the matter by confirming the Minister’s decision or by substituting his or her own determination. Effect of decision pending reconsideration (7.1) If a decision of the Minister under subsection (1) is referred back to the Minister for reconsideration under paragraph (7)(a), the decision of the Minister remains in effect until the reconsideration is concluded. 2004 Request for reconsideration of immediate threat Sécurité publ (8) If no appeal from a determination under subsection (7) confirming the Minister’s decision is taken under section 7.2 within the time limited for doing so under that section or an appeal panel has, on an appeal under that section, confirmed the Minister’s decision under this section, or if the Minister, after reconsidering the matter under paragraph (7)(a) or 7.2(3)(b), has confirmed the suspension, the holder of the document or the owner or operator of any aircraft, airport or other facility in respect of which the document was issued may, in writing, request the Minister to reconsider whether the immediate threat to aviation safety or security referred to in subsection (1) that occasioned the suspension continues to exist or is likely to occur as described in that subsection. (2) On the later of the coming into force of section 38 of the Transportation Appeal Tribunal of Canada Act and subsection 14(1) of this Act, section 7.2 of the Aeronautics Act is replaced by the following: Right of appeal 7.2 (1) Within thirty days after the determination, (a) a person affected by the determination may appeal a determination made under subsection 6.72(4), paragraph 7(7)(a) or subsection 7.1(7) to the Tribunal; or (b) a person affected by the determination or the Minister may appeal a determination made under subsection 6.9(8) or paragraph 7(7)(b) to the Tribunal. Loss of right of appeal (2) A party that does not appear at a review hearing is not entitled to appeal a determination, unless they establish that there was sufficient reason to justify their absence. Disposition of appeal (3) The appeal panel of the Tribunal assigned to hear the appeal may (a) in the case of a determination made under subsection 6.72(4), paragraph 7(7)(a) or subsection 7.1(7), dismiss the appeal or refer the matter back to the Minister for reconsideration; or (b) in the case of a determination made under subsection 6.9(8) or paragraph ��� C. 15 Public Saf 7(7)(b), dismiss the appeal, or allow the appeal and substitute its own decision. Effect of decision pending reconsideration (4) If a decision to suspend or cancel a Canadian aviation document is referred back to the Minister for reconsideration under paragraph (3)(a), the decision of the Minister remains in effect until the reconsideration is concluded. However, the appeal panel, after considering any representations made by the parties, may grant a stay of the decision made under subsection 7.1(7) until the reconsideration is concluded, if it is satisfied that granting a stay would not constitute a threat to aviation safety or security. (3) On the later of the coming into force of section 38 of the Transportation Appeal Tribunal of Canada Act and subsection 2(4) of this Act, the portion of subsection 3(3) of the Aeronautics Act before paragraph (a) is replaced by the following: Exception (3) The following documents are deemed not to be a Canadian aviation document for the purposes of sections 6.6 to 7.21: 2002, c. 28 Pest Control Products Act 111.1 (1) If section 89 of the Pest Control Products Act (the ‘‘other Act’’), chapter 28 of the Statutes of Canada, 2002, comes into force before section 99 of this Act, then (a) on the coming into force of section 89 of the other Act, section 99 of this Act is repealed; and (b) on the coming into force of section 66 of this Act, the other Act is amended by adding the following after section 67: INTERIM ORDERS Interim orders 67.1 (1) The Minister may make an interim order that contains any provision that may be contained in a regulation made under this Act if the Minister believes that immediate action is required to deal with a significant risk, direct or indirect, to health, safety or the environment. 2004 Cessation of effect Sécurité publ (2) An interim order has effect from the time that it is made but ceases to have effect on the earliest of (a) 14 days after it is made, unless it is approved by the Governor in Council, (b) the day on which it is repealed, (c) the day on which a regulation made under this Act, that has the same effect as the interim order, comes into force, and (d) one year after the interim order is made or any shorter period that may be specified in the interim order. Contravention of unpublished order Exemption from Statutory Instruments Act (3) No person shall be convicted of an offence consisting of a contravention of an interim order that, at the time of the alleged contravention, had not been published in the Canada Gazette unless it is proved that, at the time of the alleged contravention, the person had been notified of the interim order or reasonable steps had been taken to bring the purport of the interim order to the notice of those persons likely to be affected by it. (4) An interim order (a) is exempt from the application of sections 3, 5 and 11 of the Statutory Instruments Act; and (b) shall be published in the Canada Gazette within 23 days after it is made. Deeming (5) For the purpose of any provision of this Act other than this section, any reference to regulations made under this Act is deemed to include interim orders, and any reference to a regulation made under a specified provision of the Act is deemed to include a reference to the portion of an interim order containing any provision that may be contained in a regulation made under the specified provision. Tabling of order (6) A copy of each interim order must be tabled in each House of Parliament within 15 days after it is made. ��� House not sitting C. 15 Public Saf (7) In order to comply with subsection (6), the interim order may be sent to the Clerk of the House if the House is not sitting. (2) If section 89 of the other Act comes into force after section 99 of this Act, then, on the coming into force of section 89 of the other Act, the other Act is amended by adding the following after section 67: INTERIM ORDERS Interim orders 67.1 (1) The Minister may make an interim order that contains any provision that may be contained in a regulation made under this Act if the Minister believes that immediate action is required to deal with a significant risk, direct or indirect, to health, safety or the environment. Cessation of effect (2) An interim order has effect from the time that it is made but ceases to have effect on the earliest of (a) 14 days after it is made, unless it is approved by the Governor in Council, (b) the day on which it is repealed, (c) the day on which a regulation made under this Act, that has the same effect as the interim order, comes into force, and (d) one year after the interim order is made or any shorter period that may be specified in the interim order. Contravention of unpublished order Exemption from Statutory Instruments Act (3) No person shall be convicted of an offence consisting of a contravention of an interim order that, at the time of the alleged contravention, had not been published in the Canada Gazette unless it is proved that, at the time of the alleged contravention, the person had been notified of the interim order or reasonable steps had been taken to bring the purport of the interim order to the notice of those persons likely to be affected by it. (4) An interim order Sécurité publ (a) is exempt from the application of sections 3, 5 and 11 of the Statutory Instruments Act; and (b) shall be published in the Canada Gazette within 23 days after it is made. Deeming (5) For the purpose of any provision of this Act other than this section, any reference to regulations made under this Act is deemed to include interim orders, and any reference to a regulation made under a specified provision of the Act is deemed to include a reference to the portion of an interim order containing any provision that may be contained in a regulation made under the specified provision. Tabling of order (6) A copy of each interim order must be tabled in each House of Parliament within 15 days after it is made. House not sitting (7) In order to comply with subsection (6), the interim order may be sent to the Clerk of the House if the House is not sitting. (3) If section 89 of the other Act comes into force on the same day as section 99 of this Act, then section 89 of the other Act is deemed to have come into force after section 99 of this Act and subsection (2) applies. Coming into Force Coming into force 112. (1) Subject to subsection (2), the provisions of this Act, other than sections 1 and 109 to 111.1, and the provisions of any Act that are enacted by this Act come into force on a day or days to be fixed by order of the Governor in Council. Coming info force (2) The paragraphs or subparagraphs or any other portion of the definition ‘‘offence’’ in section 183 of the Criminal Code, as enacted by section 108 of this Act, comes into force on a day or days to be fixed by order of the Governor in Council. ��� C. 15 Public Safety, 20 SCHEDULE (Section 23) SCHEDULE (Subsections 4.81(1) and (10) and 4.82(4) and (5)) 1. The person’s surname, first name and initial or initials 2. The person’s date of birth 3. The person’s citizenship or nationality or, if not known, the country that issued the travel documents for the person’s flight 4. The person’s gender 5. The number of the person’s passport and, if applicable, the number of the person’s visa or residency document 6. The date on which the person’s passenger name record was created 7. If applicable, a notation that the person arrived at the departure gate with a ticket but without a reservation for the flight 8. If applicable, the names of the travel agency and travel agent that made the person’s travel arrangements 9. The date on which the ticket for the person’s flight was issued 10. If applicable, a notation that the person exchanged their ticket for the flight 11. The date, if any, by which the person’s ticket for the flight had to be paid for to avoid cancellation of the reservation or the date, if any, on which the request for a reservation was activated by the air carrier or person who operates the aviation reservation system 12. The number assigned to the person’s ticket for the flight 13. If applicable, a notation that the person’s ticket for the flight is a one-way ticket 14. If applicable, a notation that the person’s ticket for the flight is valid for one year and is issued for travel between specified points with no dates or flight numbers assigned 15. The city or country in which the travel included in the person’s passenger name record begins 16. The itinerary cities, being all points where the person will embark or disembark 17. The name of the operator of the aircraft on which the person is on board or expected to be on board Sécurité publique ( 18. The names of the operators of aircraft over whose air routes all other segments of air travel included in the person’s passenger name record are undertaken, including, for each segment, the name of any operator of aircraft other than the operator that issued the ticket 19. The code of the operator of the aircraft and the identification number for the person’s flight 20. The person’s destination 21. The travel date for the person’s flight 22. Any seat assignment on the person’s flight that was selected for the person before departure 23. The number of pieces of baggage checked by the person to be carried in the aircraft’s cargo compartment on the flight 24. The tag numbers for the person’s baggage 25. The class of service in respect of the person’s flight 26. Any stated seat request in respect of the person’s flight 27. The person’s passenger name record number 28. The phone numbers of the person and, if applicable, the phone number of the travel agency that made the person’s travel arrangements 29. The person’s address and, if applicable, the address of the travel agency that made the travel arrangements 30. The manner in which the person’s ticket was paid for 31. If applicable, a notation that the person’s ticket was paid for by another person 32. If applicable, a notation that there are gaps in the itinerary included in the person’s passenger name record that necessitate travel by an undetermined method 33. Routing information in respect of the travel included in the person’s passenger name record, being the departure and arrival points, codes of the operators of the aircraft, stops and surface segments 34. If applicable, a notation that the person’s ticket is in electronic form and stored electronically in an aviation reservation system Published under authority of the Speaker of the House of Commons Available from: ������ ����� ��� ���������� �������� ������ Ottawa, Ontario K1A 0S5 ��������� ����� ������ ����� ��� ���������� �������� ������ ������� ������� ��� ���

Third Session, Thirty-seventh Parliament, 52-53 Elizabeth II, 2004 STATUTES OF CANADA 2004 CHAPTER 18 An Act to amend the Parliament of Canada Act BILL C-24 ASSENTED TO 14th MAY, 2004 RECOMMENDATION Her Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled “An Act to amend the Parliament of Canada Act”. SUMMARY This enactment amends the Parliament of Canada Act to permit members of Parliament who cease to be members after the age of 50 but before the age of 55 to participate in medical, dental and life insurance plans that they would be eligible to participate in if they had reached the age of 55. It also amends that Act to permit former members of Parliament who are in receipt of a disability allowance to participate in medical, dental and life insurance plans that they would be eligible to participate in if they were in receipt of an allowance under the Members of Parliament Retiring Allowances Act. All parliamentary publications are available on the Parliamentary Internet Parlementaire at the following address: http://www.parl.gc.ca 52-53 ELIZABETH II —————— CHAPTER 18 An Act to amend the Parliament of Canada Act [Assented to 14th May, 2004] Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: R.S., c. P-1 1. The Parliament of Canada Act is amended by adding the following after section 71.1: Group Insurance Plans Eligibility if person not in receipt of allowance When provision ceases to apply 71.2 (1) If a person, having reached 50 years of age and having contributed or elected to contribute under the Members of Parliament Retiring Allowances Act as a member for at least six years, ceases to be a member of the Senate or the House of Commons and is not in receipt of an allowance by virtue of subsection 37.1(1) of that Act, the person is deemed to be in receipt of an allowance, other than a withdrawal allowance, under that Act for the purpose of being eligible to participate in the Public Service Health Care Plan, the Pensioners’ Dental Services Plan and the Public Service Management Insurance Plan established by the Treasury Board, on the same terms and conditions as apply to persons in receipt of an allowance, other than a withdrawal allowance, under that Act. (2) Subsection (1) ceases to apply if the person (a) reaches 55 years of age; C. 18 Parliament (b) becomes entitled to receive a disability pension under the Canada Pension Plan or a provincial pension plan similar to it; or (c) becomes a member of the Senate or the House of Commons. Eligibility if person in receipt of disability allowance Coming into force (3) A person who is entitled to and elects to receive a disability allowance under section 71.1 is deemed to be in receipt of an allowance, other than a withdrawal allowance, under the Members of Parliament Retiring Allowances Act for the purpose of being eligible to participate in the plans referred to in subsection (1), on the same terms and conditions as apply to persons in receipt of an allowance, other than a withdrawal allowance, under that Act. 2. This Act is deemed to have come into force on January 1, 2001. Published under authority of the Speaker of the House of Commons Available from: Public Works and Government Services Canada Ottawa, Ontario K1A 0S5 Available from: Public Works and Government Services Canada Ottawa, Ontario K1A 0S5

Third Session, Thirty-seventh Parliament, 52-53 Elizabeth II, 2004 STATUTES OF CANADA 2004 CHAPTER 24 An Act to amend the Canada Elections Act and the Income Tax Act BILL C-3 ASSENTED TO 14th MAY, 2004 RECOMMENDATION Her Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled “An Act to amend the Canada Elections Act and the Income Tax Act”. SUMMARY This enactment amends the Canada Elections Act to adjust the requirements for political party registration in response to the June 27, 2003 decision of the Supreme Court of Canada in Figueroa v. Canada (Attorney General), 2003 SCC 37. It replaces the existing 50-candidate requirement for political party registration with a series of new registration requirements. These requirements include that a party endorse and support at least one candidate, that it provide signed declarations of support from at least 250 members and that it have no fewer than four party officers. It adds a purpose-based definition of “political party” and requires the party’s leader to make a declaration that one of the party’s fundamental purposes is as described in the definition. Entities seeking to register as political parties must also satisfy the requirements of the definition, both at registration and on an ongoing basis. The Commissioner of Canada Elections may apply for judicial deregistration where those requirements are not met. It provides measures to prevent entities from registering simply for the purpose of obtaining financial and other benefits and from redirecting taxreceipted contributions to outside entities. It creates new offences for providing false information and for acting as an officer knowing that the party does not satisfy the requirements of the definition. It also adds mechanisms for judicial deregistration of a political party, as well as liquidation of its assets, in the event of a conviction for certain offences. It also amends the Income Tax Act to suspend the authority of a registered party to issue tax receipts while an application by the Commissioner for judicial deregistration is pending. All parliamentary publications are available on the Parliamentary Internet Parlementaire at the following address: http://www.parl.gc.ca 52-53 ELIZABETH II —————— CHAPTER 24 An Act to amend the Canada Elections Act and the Income Tax Act [Assented to 14th May, 2004] Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: 2000, c. 9 “political party” « parti politique » 2001, c. 21, s. 12 CANADA ELECTIONS ACT 1. Subsection 2(1) of the Canada Elections Act is amended by adding the following in alphabetical order: “political party” means an organization one of whose fundamental purposes is to participate in public affairs by endorsing one or more of its members as candidates and supporting their election. 2. Subsection 117(2) of the Act is amended by adding the word “and” at the end of paragraph (b) and by replacing paragraphs (c) and (d) with the following: (c) at the close of nominations, the party is a registered party. 3. (1) Paragraph 366(2)(d) of the Act is replaced by the following: (d) the name and address of the leader of the party and a copy of the party’s resolution to appoint the leader, certified by the leader and another officer of the party; (2) Paragraph 366(2)(f) of the Act is replaced by the following: (f) the names and addresses of the officers of the party and their signed consent to act; C. 24 Canada E (3) Subsection 366(2) of the Act is amended by striking out the word “and” at the end of paragraph (h) and by replacing paragraph (i) with the following: (i) the names and addresses of 250 electors and their declarations in the prescribed form that they are members of the party and support the party’s application for registration; and (j) the leader’s declaration in the prescribed form that, having considered all of the factors — including those described in subsection 521.1(5) — relevant to determining the party’s purposes, one of the party’s fundamental purposes is to participate in public affairs by endorsing one or more of its members as candidates and supporting their election. (4) Section 366 of the Act is amended by adding the following after subsection (2): Additional information (3) To confirm that the purpose referred to in paragraph (2)(j) is one of the party’s fundamental purposes, the Chief Electoral Officer may ask the party’s leader to provide any relevant information, including the information described in subsection 521.1(5). 4. Paragraphs 368(b) and (c) of the Act are replaced by the following: (b) the party has at least three officers in addition to its leader and has appointed a chief agent and an auditor; and (c) the Chief Electoral Officer is satisfied that the party has provided the information required under subsection 366(2) and that the information is accurate. 5. Sections 369 and 370 of the Act are replaced by the following: Notification of eligibility 369. (1) The Chief Electoral Officer shall, as soon as practicable after the day on which the application is received, inform the leader of a political party that has applied to become registered whether or not the party is eligible Loi électorale for registration under section 368. If the party is not eligible, he or she shall also indicate which of that section’s requirements have not been met. Loss of eligibility (2) A political party, having been informed of its eligibility under subsection (1), loses its eligibility if (a) it contravenes any of section 371, subsection 374.1(1), sections 378 to 380.1, subsections 382(1), (3) and (4) and 383(1) and section 384; (b) one of its officers is not eligible under subsection 374.1(2); (c) its chief agent is not eligible under section 376; or (d) its auditor is not eligible under section 377. Registration 370. (1) An eligible party becomes a registered party if it has at least one candidate whose nomination has been confirmed for an election and its application to become registered was made at least 60 days before the issue of the writ or writs for that election and has not been withdrawn. Late application (2) An eligible party whose application was made after the 60 days referred to in subsection (1) becomes a registered party for the next general election — or any by-election that precedes it — if it satisfies the requirements of that subsection for that election. Notification (3) The Chief Electoral Officer shall, as soon as practicable after the 48-hour period following the close of nominations, (a) inform the leader of an eligible party that meets the requirements of subsection (1) that the party has been registered; and (b) in the case of a general election, inform the leader of an eligible party that does not meet the requirements of subsection (1) that the party has not been registered. C. 24 Loss of eligibility (4) An eligible party, other than one referred to in subsection (2), loses its eligibility on being informed under subsection (3) that it has not been registered. Eligible party deemed registered (5) For the purposes of sections 407, 422, 429 and 435, an eligible party that becomes registered under subsection (1) is deemed to have been registered from the day of the issue of the writ or writs for that election. Canada E 6. The heading before section 375 of the Act is replaced by the following: Officers, Registered Agents, Auditors and Members 7. The Act is amended by adding the following after the heading before section 375: Minimum number of officers 374.1 (1) Subject to subsection (3), a registered party and an eligible party shall have at least three officers in addition to the leader of the party. Eligibility — officer (2) Only a person whose ordinary residence is in Canada is eligible to be an officer of a registered party or an eligible party. Appointment of a replacement (3) In the event of the death, incapacity, resignation, ineligibility or revocation of the appointment of an officer of a registered party or an eligible party, the party shall, if the remaining number of officers is less than four, appoint a replacement within 30 days. Report of appointment (4) Within 30 days after the appointment of the replacement, the registered party or eligible party shall inform the Chief Electoral Officer by providing a report under subsection 382(1). 8. Subsection 377(2) of the Act is amended by adding the following after paragraph (b): (b.1) an officer of a registered party or an eligible party; 9. Section 378 of the Act is replaced by the following: 2004 Consent Loi électorale 378. A registered party and an eligible party shall obtain from its officers, chief agent and auditor, on appointment, their signed consent to act. 10. The Act is amended by adding the following after section 380: Minimum number of members 380.1 A registered party and an eligible party shall have at least 250 members who are electors. 11. Subsection 381(1) of the Act is replaced by the following: Prohibition — officer Prohibition — agent 381. (1) No person who is not eligible to be an officer of a registered party or an eligible party shall so act. (1.1) No person who is not eligible to be a chief agent or registered agent of a registered party or an eligible party shall so act. 12. The Act is amended by adding the following after section 381: Prohibition — fundamental purpose 381.1 (1) Subject to subsection (2), no person shall act or continue to act as an officer of a registered party or an eligible party if (a) they know that the party does not have as one of its fundamental purposes participating in public affairs by endorsing one or more of its members as candidates and supporting their election; and (b) the party has not made an application under section 388. Exception (2) A person referred to in subsection (1) may sign an application under section 388. 13. The heading before section 382 of the Act is replaced by the following: Change of Information Concerning Parties 14. (1) Subsection 382(1) of the Act is replaced by the following: 6 Change in information C. 24 Canada E 382. (1) Within 30 days after a change in the information on a registered party or an eligible party in the registry of parties, the party shall, in writing, report the change to the Chief Electoral Officer. The report must be certified by the leader of the party. (2) Subsection 382(4) of the Act is replaced by the following: New officer, chief agent or auditor (4) A report under subsection (1) that involves the replacement of an officer, the chief agent or the auditor must include a copy of the consent referred to in section 378. 15. Section 384 of the Act is renumbered as subsection 384(1) and is amended by adding the following: Confirmation of members (2) On or before June 30 of every third year, beginning in 2007, a registered party and an eligible party shall provide the Chief Electoral Officer with the names and addresses of 250 electors and their declarations in the prescribed form that they are members of the party. Declaration of leader (3) On or before June 30 of every year, a registered party and an eligible party shall provide the Chief Electoral Officer with a declaration in the prescribed form by the leader that, having considered all of the factors relevant to determining the party’s purposes — including those described in subsection 521.1(5) — one of the party’s fundamental purposes is as described in paragraph 366(2)(j). 2003, c. 19, s. 13 16. Section 385 of the Act and the heading before it are replaced by the following: Prohibition — false or misleading information (leader) 384.1 (1) No leader of a party shall provide the Chief Electoral Officer with information under section 366 that they know is false or misleading. Prohibition — false or misleading information (party) (2) No registered party or eligible party shall provide the Chief Electoral Officer with information under any of sections 382 to 384 that it knows is false or misleading. Loi électorale Prohibition — certification by leader (3) No leader of a party shall certify, under any of sections 382 to 384, a report or statement that they know contains false or misleading information. Prohibition — leader’s declaration (4) No leader of a party shall make a declaration referred to in section 366, 382 or 384 that they know is false or misleading. Prohibition — member’s declaration (5) No member of a party shall make a declaration referred to in section 366 or 384 that they know is false or misleading. Deregistration of Registered Parties Deregistration — no candidates Deregistration — officers or members 385. The Chief Electoral Officer shall, effective on the expiration in a general election of the period for the confirmation of nominations under subsection 71(1), deregister a registered party that, at that time, has not endorsed a candidate in that general election. 385.1 (1) If the Chief Electoral Officer is not satisfied that a registered party is in compliance with subsection 374.1(1) or section 380.1, he or she shall, in writing, notify the party that it is required to show its compliance with (a) subsection 374.1(1), within 60 days after receipt of the notice; or (b) section 380.1, within 90 days after receipt of the notice. Extension (2) If the Chief Electoral Officer is satisfied that the party has made reasonable efforts to comply with subsection 374.1(1) or section 380.1 within the time set out in the notice, he or she may, in writing, notify the party that it has another period of up to 60 or 90 days, as the case may be, in which to comply. Deregistration (3) The Chief Electoral Officer shall deregister a registered party if it fails to comply with a notice under subsection (1) or (2), as the case may be. 8 Notice of deregistration C. 24 Canada E 385.2 The Chief Electoral Officer shall give notice of a deregistration under section 385 or 385.1 to the registered party and its chief agent and of the resulting deregistration under section 389.2 to the registered associations and their financial agents. 17. The Act is amended by adding the following after section 405.2: Prohibition — soliciting or accepting contribution Prohibition — collusion 2003, c. 19, s. 40 Period for providing update 405.21 (1) No person or entity shall solicit or accept a contribution on behalf of a registered party, registered association or candidate if the person or entity made a representation to the contributor or potential contributor that part or all of the contribution would be transferred to a person or entity, other than the registered party or a candidate, leadership contestant or electoral district association. (2) No person or entity shall collude with a person or entity for the purpose of circumventing the prohibition in subsection (1). 18. Subsection 435.35(3) of the Act is replaced by the following: (3) The leadership contestant’s financial agent shall provide an updated version of a document referred to in subsection (1) within 30 days after making a payment that is dealt with in the updated version. 19. Subsection 455(3) of the Act is replaced by the following: Period for providing update 2003, c. 19, s. 57 Period for providing update (3) The candidate’s official agent shall provide an updated version of a document referred to in subsection (1) within 30 days after making a payment that is dealt with in the updated version. 20. Subsection 478.3(3) of the Act is replaced by the following: (3) The nomination contestant’s financial agent shall provide an updated version of a document referred to in subsection (1) within 30 days after making a payment that is dealt with in the updated version. 21. (1) Paragraph 497(1)(b) of the Act is replaced by the following: Loi électorale (b) being a registered party, contravenes subsection 375(3) or, being a registered party or an eligible party, contravenes subsection 374.1(4), section 378, subsection 379(1) or (2) or section 380 (failure to comply with requirements re officers, chief agent, registered agents or auditor); (2) Paragraph 497(3)(b) of the Act is replaced by the following: (b) wilfully contravenes subsection 381(1), (1.1) or (2) (ineligible person acting as officer, chief agent, registered agent or auditor); (b.1) being an officer of a party, contravenes section 381.1 (officer knowing party not a political party); (b.2) being a leader of a party, contravenes subsection 384.1(1), (3) or (4) (providing or certifying false or misleading information or making false declaration); (b.3) being a registered party or an eligible party, contravenes subsection 384.1(2) (providing false or misleading information); (b.4) being a member of a party, contravenes subsection 384.1(5) (making false declaration); (3) Subsection 497(3) of the Act is amended by adding the following after paragraph (f.161): (f.162) being a person or entity, contravenes subsection 405.21(1) (soliciting or accepting contribution); (f.163) being a person or entity, contravenes subsection 405.21(2) (collusion); 22. (1) Section 501 of the Act is renumbered as subsection 501(1). (2) Subsection 501(1) of the Act is amended by adding the following after paragraph (a): (a.1) if the offence results, directly or indirectly, in a financial benefit under this Act, or a contribution for which a receipt referred to in subsection 127(3) of the Income Tax Act was issued, pay to the Receiver C. 24 Canada E General an amount that is not more than the financial benefit or contribution, as the case may be; (3) Section 501 of the Act is amended by adding the following after subsection (1): Additional penalties (2) If a registered party, its chief agent or registered agent or one of its officers has been convicted of an offence referred to in subsection (3), the court may, having regard to the nature of the offence and the circumstances surrounding its commission, and in addition to any other punishment that may be imposed under this Act, by order, (a) direct the Chief Electoral Officer to deregister the party; (b) if it directs deregistration under paragraph (a), direct the chief agent — or another person specified by the court — to liquidate the party’s assets; and (c) if it directs liquidation under paragraph (b), direct the financial agent of each registered association — or another person specified by the court — to liquidate the registered association’s assets. Offences (3) For the purposes of subsection (2), the provisions are: (a) paragraph 497(3)(b.2) (providing or certifying false or misleading information or making false declaration); (b) paragraph 497(3)(b.3) (providing false or misleading information); (c) paragraph 497(3)(f.07) (failure to provide financial transactions return or related documents); (d) paragraph 497(3)(f.161) (entering into prohibited agreement); (e) paragraph 497(3)(f.162) (making representation re contribution); (f) paragraph 497(3)(f.163) (collusion); (g) paragraph 497(3)(i) (failure to provide financial transactions return or related documents); Loi électorale (h) paragraph 497(3)(k) (providing financial transactions return containing false or misleading statement); (i) subparagraph 497(3)(m)(ii) (providing election expenses return containing false or misleading statement); and (j) paragraph 497(3)(v) (providing electoral campaign return containing false or misleading statement or one that is incomplete). Documents to be provided to Chief Electoral Officer (4) The chief agent or specified person shall, within six months after being directed to liquidate the party’s assets under subsection (2), provide to the Chief Electoral Officer (a) a statement — prepared in accordance with generally accepted accounting principles — of the fair market value of the party’s assets and liabilities on the day of the order; (b) a report by the party’s auditor to the chief agent or specified person containing the auditor’s opinion as to whether the statement presents, in accordance with generally accepted auditing standards, the fair market value of those assets and liabilities; and (c) a declaration in the prescribed form by the chief agent or specified person concerning that statement. Remittance to Receiver General (5) Within three months after providing the documents referred to in subsection (4), the chief agent or specified person shall remit an amount equal to any net balance of the assets over liabilities, calculated on the basis of the statement mentioned in paragraph (4)(a), to the Chief Electoral Officer who shall forward that amount to the Receiver General. Liability of chief agent (6) The chief agent or specified person is liable for the remittance of the amount referred to in subsection (5). Application to registered associations (7) Subsections (4) to (6) apply to the liquidation of a registered association’s assets under subsection (2) and any reference in those subsections to “party” and “chief agent” shall be read as a reference to “registered association” and “financial agent”, respectively. 23. The Act is amended by adding the following after section 521: C. 24 Canada E Deregistration Notice to party 521.1 (1) If the Commissioner has reasonable grounds to suspect that a registered party does not have as one of its fundamental purposes participating in public affairs by endorsing one or more of its members as candidates and supporting their election, the Commissioner shall, in writing, notify the party that it is required to show that that is one of its fundamental purposes. Court application (2) If, after giving the party a reasonable opportunity to show what its fundamental purposes are, the Commissioner still has reasonable grounds to suspect that the party does not have as one of its fundamental purposes the purpose described in subsection (1), the Commissioner may apply to a court described in subsection 525(1) for an order described in subsection (3). Order (3) If the court is satisfied that the party does not have as one of its fundamental purposes the purpose described in subsection (1), the court shall, by order, direct the Chief Electoral Officer to deregister the party and it may (a) direct the chief agent — or another person specified by the court — to liquidate the party’s assets; and (b) if it directs liquidation under paragraph (a), direct the financial agent of each registered association — or another person specified by the court — to liquidate the registered association’s assets. Onus on party (4) The onus of satisfying the court that one of its fundamental purposes is the purpose described in subsection (1) is on the party. Factors (5) In making its decision, the court shall consider all of the factors relevant to determining the party’s purposes, including, as applicable, the following: (a) the party’s constitution, articles of incorporation, letters patent or by-laws or any other information that may indicate those purposes; (b) the party’s political program, annual report to members, fundraising plan, advertising material and policy statements; Loi électorale (c) the nature and extent of the activities of the party and its registered associations and candidates, including the nature and extent of their involvement in electoral campaigns and any of their public statements in support of another political party or a candidate of another political party; (d) the funds received by the party and its registered associations and candidates, their sources and how they are used by the party, including as election expenses; (e) interactions of the party with other entities that are not recognized political parties under the laws of any province that may indicate that it is under the control, direct or indirect, of another entity or that the party is using its status as a registered party primarily for the purpose of providing financial assistance to another entity; and (f) whether the party is a non-profit entity. Exemption (6) If, in the court’s opinion, the public interest and the need to ensure fairness of the electoral process warrant it, the court may, on application, exempt the party and its registered associations from the application of subsection 127(3.3) of the Income Tax Act. If an exemption is granted, the court may impose any conditions on the activities of the party, registered association or candidate that it considers appropriate. Liquidation (7) If a chief agent, a financial agent or a person specified by the court is, under subsection (3), directed to liquidate, they shall carry out the liquidation in accordance with subsections 501(4) to (7). R.S., c. 1 (5th Supp.) INCOME TAX ACT 24. Section 127 of the Income Tax Act is amended by adding the following after subsection (3.2): Prohibition — issuance of receipts (3.3) If the Commissioner of Canada Elections makes an application under subsection 521.1(2) of the Canada Elections Act in respect C. 24 Canada E of a registered party, no registered agent of the party — including, for greater certainty, a registered agent appointed by a provincial division of the party — and no electoral district agent of a registered association of the party shall issue a receipt referred to in subsection (3) unless the Commissioner withdraws the application or the court makes an order under subsection 521.1(6) of that Act or dismisses the application. TRANSITIONAL PROVISIONS Parties to perfect registration Requirements do not apply Requirements continue to apply Sunset provision 25. (1) A party that is registered or eligible to become registered on the day on which this Act comes into force shall, within six months after that day, provide to the Chief Electoral Officer the information described in paragraphs 366(2)(d), (f), (i) and (j) of the Canada Elections Act, as enacted by this Act. (2) Subsection 369(2), section 374.1, paragraph 377(2)(b.1), sections 378 and 380.1 and subsections 382(4) and 384(3) of the Canada Elections Act, as enacted by this Act, do not apply — until six months after the day on which this Act comes into force — in respect of a party that is registered or eligible to become registered on that day. (3) Subsection 369(2), section 378 and subsection 382(4) of the Canada Elections Act, as they read immediately before the day on which this Act comes into force, continue to apply — until six months after that day — in respect of a party that is registered or eligible to become registered on that day. 26. The amendments made by this Act cease to have effect on the day that is two years after the day on which this Act comes into force or, if Parliament is not then in session, on the day that is 90 days after the commencement of the next ensuing session. COMING INTO FORCE Coming into force 27. (1) Subject to subsection (2), this Act comes into force on June 27, 2004 unless, before that day, the Chief Electoral Officer has published a notice in the Canada Gazette that the necessary preparations for the Loi électorale bringing into operation of this Act have been made and that this Act may come into force accordingly. Limitation (2) If this Act receives royal assent on a day that is after June 27, 2004, it comes into force on that day. Published under authority of the Speaker of the House of Commons Available from: Publics Works and Government Services Canada Ottawa, Ontario K1A 0S5 Available from: Public Works and Government Services Canada Ottawa, Ontario K1A 0S5

First Session, Thirty-eighth Parliament, 53 Elizabeth II, 2004 STATUTES OF CANADA 2004 CHAPTER 25 A second Act to harmonize federal law with the civil law of the Province of Quebec and to amend certain Acts in order to ensure that each language version takes into account the common law and the civil law ASSENTED TO 15th DECEMBER, 2004 BILL S-10 SUMMARY This enactment is the second in a series of enactments drafted in the course of the harmonization initiation of the Department of Justice of Canada undertaken as a result of the coming into force of the Civil Code of Québec in 1994, which substantially changed the concepts, institutions and terminology of civil law. It continues and completes the harmonization, with the civil law of the Province of Quebec, of some of the statutes that were partially harmonized by the first harmonization Act (Federal Law–Civil Law Harmonization Act, No. 1, S.C. 2001, c. 4) and of certain other statutes. All parliamentary publications are available on the Parliamentary Internet Parlementaire at the following address: http://www.parl.gc.ca TABLE OF PROVISIONS A SECOND ACT TO HARMONIZE FEDERAL LAW WITH THE CIVIL LAW OF THE PROVINCE OF QUEBEC AND TO AMEND CERTAIN ACTS IN ORDER TO ENSURE THAT EACH LANGUAGE VERSION TAKES INTO ACCOUNT THE COMMON LAW AND THE CIVIL LAW SHORT TITLE 1. Short title PART 1 AMENDMENTS TO CERTAIN ACTS 2-4. Animal Pedigree Act 5-6. Bank of Canada Act 7-103. Bankruptcy and Insolvency Act 104-105. Canada Council for the Arts Act 106-110. Canada Grain Act 111-113. Canada Pension Plan 114-119. Canada Wildlife Act 120-122. Customs Act 123-130. Defence Production Act 131-132. Department of Industry Act 133-134. Employment Insurance Act 135-137. Energy Supplies Emergency Act 138. Excise Act 139. Explosives Act 140-142. 143. Law Commission of Canada Act 144-145. 146. Farm Products Agencies Act An Act to incorporate the Jules and Paul-Émile Léger Foundation National Arts Centre Act 147-164. National Energy Board Act 165. National Research Council Act 166. Natural Sciences and Engineering Research Council Act 167-169. Pesticide Residue Compensation Act 170-171. Social Sciences and Humanities Research Council Act 172-173. State Immunity Act i 174-179. Telecommunications Act 180-181. Visiting Forces Act PART 2 CONSEQUENTIAL AMENDMENTS 182. Advance Payments for Crops Act 183. Agricultural Marketing Programs Act 184. Air Travellers Security Charge Act 185-186. Bank Act 187. Canada Business Corporations Act 188. Canada Cooperatives Act 189-190. Canada Corporations Act 191. Canada Student Financial Assistance Act 192. Canadian Payments Act 193-195. Companies’ Creditors Arrangement Act 196. Customs Act 197. Employment Insurance Act 198. Excise Act, 2001 199-200. Excise Tax Act 201-202. Income Tax Act 203. Insurance Companies Act 204. Prairie Grain Advance Payments Act PART 3 COORDINATING AMENDMENTS 205. Federal Law–Civil Law Harmonization Act, No. 2 206. Bank Act 207. Canada Grain Act 208. Explosives Act 53 ELIZABETH II —————— CHAPTER 25 A second Act to harmonize federal law with the civil law of the Province of Quebec and to amend certain Acts in order to ensure that each language version takes into account the common law and the civil law [Assented to 15th December, 2004] Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: SHORT TITLE Short title 1. This Act may be cited as the Federal Law–Civil Law Harmonization Act, No. 2. PART 1 AMENDMENTS TO CERTAIN ACTS R.S., c. 8 (4th Supp.) ANIMAL PEDIGREE ACT 2. Subsection 13(2) of the Animal Pedigree Act is replaced by the following: Profits (2) Subject to any by-laws providing for the remuneration of its directors, officers and employees, and its agents or mandataries, all profits or accretions of value to the property of an association shall be used in furtherance of the purpose of the association, and no part of the property or profits of the association may be distributed, directly or indirectly, to any member of the association. 3. Subsection 39(2) of the Act is replaced by the following: Profits (2) Subject to any by-laws providing for the remuneration of the Corporation’s directors, officers and employees, and its agents or C. 25 Federal Law–Civil Law mandataries, all profits or accretions of value to the property of the Corporation shall be used in furtherance of the purpose of the Corporation, and no part of the property or profits of the Corporation may be distributed, directly or indirectly, to any member of the Corporation. 4. Paragraph 43(1)(d) of the Act is replaced by the following: (d) respecting the appointment, remuneration, powers, functions and duties of employees, and agents or mandataries, of the Corporation; R.S., c. B-2 BANK OF CANADA ACT 5. Subsection 4(2) of the English version of the Bank of Canada Act is replaced by the following: Branches and agencies (2) The Bank may establish branches and agencies and appoint agents or mandataries in Canada and may also, with the approval of the Governor in Council, establish branches and appoint agents or mandataries elsewhere than in Canada. 6. Paragraph 18(m) of the English version of the Act is replaced by the following: (m) open accounts in a central bank in any other country or in the Bank for International Settlements, accept deposits from central banks in other countries, the Bank for International Settlements, the International Monetary Fund, the International Bank for Reconstruction and Development and any other official international financial organization, act as agent or mandatary, or depository or correspondent for any of those banks or organizations, and pay interest on any of those deposits; R.S., c. B-3; 1992, c. 27, s. 2 1997, c. 12, s. 1(1) BANKRUPTCY AND INSOLVENCY ACT 7. (1) Subsection 2(1) of the Bankruptcy and Insolvency Act is renumbered as section 2. (2) The definition “biens” in section 2 of the French version of the Act is repealed. Harmonisation no 2 du dro (3) The definition “sheriff” in section 2 of the English version of the Act is repealed. (4) The definition “bankrupt” in section 2 of the Act is replaced by the following: “bankrupt” « failli » “bankrupt” means a person who has made an assignment or against whom a bankruptcy order has been made or the legal status of that person; (5) The definition “property” in section 2 of the English version of the Act is replaced by the following: “property” « bien » 1997, c. 12, s. 1(5); 1999, c. 31, s. 17 “property” means any type of property, whether situated in Canada or elsewhere, and includes money, goods, things in action, land and every description of property, whether real or personal, legal or equitable, as well as obligations, easements and every description of estate, interest and profit, present or future, vested or contingent, in, arising out of or incident to property; (6) Paragraphs (d) and (e) of the definition “date of the initial bankruptcy event” in section 2 of the Act are replaced by the following: (d) the first application for a bankruptcy order against the person, in any case (i) referred to in paragraph 50.4(8)(a) or 57(a) or subsection 61(2), or (ii) in which a notice of intention to make a proposal has been filed under section 50.4 or a proposal has been filed under section 62 in respect of the person and the person files an assignment before the court has approved the proposal, or (e) the application in respect of which a bankruptcy order is made, in the case of an application other than one referred to in paragraph (d); (7) Section 2 of the Act is amended by adding the following in alphabetical order: “legal counsel” « conseiller juridique » “legal counsel” means any person qualified, in accordance with the laws of a province, to give legal advice; C. 25 Federal Law–Civil Law (8) Section 2 of the English version of the Act is amended by adding the following in alphabetical order: “application” Version anglaise seulement “executing officer” « huissierexécutant » “application”, with respect to a bankruptcy application filed in a court in the Province of Quebec, means a motion; “executing officer” includes a sheriff, a bailiff and any officer charged with the execution of a writ or other process under this Act or any other Act or proceeding with respect to any property of a debtor; (9) Section 2 of the French version of the Act is amended by adding the following in alphabetical order: « bien » “property” 1997, c. 12, s. 1(6) 1997, c. 12, s. 2 « bien » Bien de toute nature, qu’il soit situé au Canada ou ailleurs. Sont compris parmi les biens les biens personnels et réels, en droit ou en equity, les sommes d’argent, marchandises, choses non possessoires et terres, ainsi que les obligations, servitudes et toute espèce de domaines, d’intérêts ou de profits, présents ou futurs, acquis ou éventuels, sur des biens, ou en provenant ou s’y rattachant. (10) Subsection 2(2) of the Act is repealed. 8. Paragraph 2.1(a) of the Act is replaced by the following: (a) the granting of a bankruptcy order against the person; 9. Paragraph 4(3)(c) of the French version of the Act is replaced by the following: c) une personne qui a, en vertu d’un contrat, en equity ou autrement, un droit à des actions d’une personne morale, soit immédiatement, soit à l’avenir, et de façon absolue ou conditionnelle, ou un droit de les acquérir de la sorte, ou d’en contrôler ainsi les droits de vote, est réputée, sauf lorsque le contrat stipule que le droit ne peut être exercé qu’au décès d’un particulier y désigné, occuper la même position à l’égard du contrôle de la personne morale que si elle était propriétaire des actions; Harmonisation no 2 du dro 1992, c. 27, s. 7(1) 10. (1) Subsection 10(1) of the French version of the Act is replaced by the following: Enquêtes du surintendant 10. (1) Lorsque, sur la base de renseignements fournis par un séquestre officiel, un syndic ou une autre personne, il a des motifs raisonnables de soupçonner qu’une personne a commis, relativement à tout actif ou toute affaire régis par la présente loi, une infraction à celle-ci ou à toute autre loi fédérale, le surintendant peut, s’il lui apparaît que la prétendue infraction peut par ailleurs n’être l’objet d’aucune enquête, effectuer ou faire effectuer les enquêtes qu’il estime opportunes sur la conduite, les négociations et les transactions du débiteur, les causes de sa faillite ou de son insolvabilité et la disposition de ses biens. 1992, c. 27, s. 7(3) (2) Subsection 10(3) of the Act is replaced by the following: Examination (3) If, on the application of the Superintendent or the Superintendent’s authorized representative, a subpoena has been issued by the court, the Superintendent may, for the purpose of an investigation under subsection (1), examine or cause to be examined under oath before the registrar of the court or other authorized person, the debtor, any person who the Superintendent suspects, on reasonable grounds, has knowledge of the affairs of the debtor, or any person who is or has been an agent or a mandatary, or a clerk, a servant, an officer, a director or an employee of the debtor, with respect to the conduct, dealings and transactions of the debtor, the causes of the bankruptcy or insolvency of the debtor, and the disposition of the property of the debtor, and may order any person liable to be so examined to produce any books, records, papers or documents in the person’s possession or under the control of the person relating to the debtor and the conduct, dealings and transactions of the debtor, the causes of the bankruptcy or insolvency of the debtor or the disposition of the debtor’s property. 1992, c. 27, s. 7(3) (3) Subsection 10(4) of the French version of the Act is replaced by the following: C. 25 Questions (4) Une personne interrogée en conformité avec le présent article est tenue de répondre à toutes les questions sur la conduite, les négociations ou les transactions du débiteur, les causes de sa faillite ou de son insolvabilité et la disposition de ses biens. 1992, c. 27, s. 8 11. Subsection 11(2) of the French version of the Act is replaced by the following: Frais (2) Nonobstant l’article 136, tout recouvrement effectué à la suite d’enquêtes ou d’investigations que le surintendant a effectuées ou fait effectuer en conformité avec l’article 10, est appliqué au remboursement des frais que le surintendant a engagés à ce sujet, non ordinairement compris dans les frais de son bureau, et le solde qui subsiste par la suite sur le montant de ce recouvrement est placé à la disposition des créanciers du débiteur. 1997, c. 12, s. 8 12. Subsection 13.2(7) of the Act is replaced by the following: Conditions (7) If a licence ceases to be valid by virtue of subsection (3) or is suspended or cancelled under subsection (5), the Superintendent may impose on the trustee any requirements that the Superintendent considers appropriate, including a requirement that the trustee provide security for the protection of an estate. 1992, c. 27, s. 9(1); 1997, c. 12, s. 9(F) 13. (1) Subparagraph 13.3(1)(a)(iv) of the English version of the Act is replaced by the following: Federal Law–Civil Law (iv) the auditor, accountant or legal counsel, or a partner or an employee of the auditor, accountant or legal counsel, of the debtor; or 1992, c. 27, s. 9(1) (2) Subparagraphs 13.3(1)(b)(i) and (ii) of the Act are replaced by the following: (i) the trustee under a trust indenture issued by the debtor or any person related to the debtor, or the holder of a power of attorney under an act constituting a hypothec within the meaning of the Civil Code of Québec that is granted by the debtor or any person related to the debtor, or Harmonisation no 2 du dro (ii) related to the trustee, or the holder of a power of attorney, referred to in subparagraph (i). 1997, c. 12, s. 8 14. Subsection 13.4(1) of the English version of the Act is replaced by the following: Trustee may act for secured creditor on certain conditions 13.4 (1) No trustee shall, while acting as the trustee of an estate, act for or assist a secured creditor of the estate to assert any claim against the estate or to realize or otherwise deal with the security that the secured creditor holds, unless the trustee has obtained a written opinion of a legal counsel who does not act for the secured creditor that the security is valid and enforceable as against the estate. 1992, c. 27, s. 9(1) 15. Section 14 of the Act is replaced by the following: Appointment of trustee by creditors 14. The creditors may, at any meeting by special resolution, appoint or substitute another licensed trustee for the trustee named in an assignment, a bankruptcy order or a proposal, or otherwise appointed or substituted. 1992, c. 27, s. 9(1) 16. (1) Subsection 14.06(1) of the Act is replaced by the following: No trustee is bound to act 14.06 (1) No trustee is bound to assume the duties of trustee in matters relating to assignments, bankruptcy orders or proposals, but having accepted an appointment in relation to those matters the trustee shall, until discharged or another trustee is appointed in the trustee’s stead, perform the duties required of a trustee under this Act. 1997, c. 12, s. 15(1) (2) Paragraph 14.06(2)(b) of the Act is replaced by the following: (b) after the trustee’s appointment unless it is established that the condition arose or the damage occurred as a result of the trustee’s gross negligence or wilful misconduct or, in the Province of Quebec, the trustee’s gross or intentional fault. 1997, c. 12, s. 15(1) (3) Subparagraph 14.06(4)(a)(ii) of the Act is replaced by the following: C. 25 Federal Law–Civil Law (ii) on notice to the person who issued the order, abandons, disposes of or otherwise releases any interest in any real property, or any right in any immovable, affected by the condition or damage; 1997, c. 12, s. 15(1) (4) Paragraph 14.06(4)(c) of the Act is replaced by the following: (c) if the trustee had, before the order was made, abandoned or renounced or been divested of any interest in any real property, or any right in any immovable, affected by the condition or damage. 1997, c. 12, s. 15(1) (5) Subsections 14.06(6) to (8) of the Act are replaced by the following: Costs for remedying not costs of administration (6) If the trustee has abandoned or renounced any interest in any real property, or any right in any immovable, affected by the environmental condition or environmental damage, claims for costs of remedying the condition or damage shall not rank as costs of administration. Priority of claims (7) Any claim by Her Majesty in right of Canada or a province against the debtor in a bankruptcy, proposal or receivership for costs of remedying any environmental condition or environmental damage affecting real property or an immovable of the debtor is secured by security on the real property or immovable affected by the environmental condition or environmental damage and on any other real property or immovable of the debtor that is contiguous with that real property or immovable and that is related to the activity that caused the environmental condition or environmental damage, and the security (a) is enforceable in accordance with the law of the jurisdiction in which the real property or immovable is located, in the same way as a mortgage, hypothec or other security on real property or immovables; and (b) ranks above any other claim, right, charge or security against the property, despite any other provision of this Act or anything in any other federal or provincial law. Harmonisation no 2 du dro Claim for cleanup costs (8) Despite subsection 121(1), a claim against a debtor in a bankruptcy or proposal for the costs of remedying any environmental condition or environmental damage affecting real property or an immovable of the debtor shall be a provable claim, whether the condition arose or the damage occurred before or after the date of the filing of the proposal or the date of the bankruptcy. 1997, c. 12, s. 16 17. Section 15.1 of the French version of the Act is replaced by the following: Déclaration 15.1 Le syndic est réputé être un fiduciaire pour l’application de la définition de « fiduciaire » à l’article 2 du Code criminel. 1994, c. 26, s. 7 18. (1) Subsections 16(1) and (2) of the Act are replaced by the following: Security to be given by trustee 16. (1) Every trustee duly appointed shall, as soon as they are appointed, give security in cash or by bond or suretyship of a guaranty company satisfactory to the official receiver for the due accounting for, the payment and the transfer of all property received by the trustee as trustee and for the due and faithful performance of the trustee’s duties. Security to be given by trustee (2) The security required to be given under subsection (1) shall be given to the official receiver in favour of the creditors generally and may be enforced by any succeeding trustee or by any one of the creditors on behalf of all by direction of the court, and may be increased or reduced by the official receiver. R.S., c. 31 (1st Supp.), s. 3 (2) Subsection 16(3) of the English version of the Act is replaced by the following: Trustee to take possession and make inventory (3) The trustee shall, as soon as possible, take possession of the deeds, books, records and documents and all property of the bankrupt and make an inventory, and for the purpose of making an inventory the trustee is entitled to enter, subject to subsection (3.1), on any premises on which the deeds, books, records, documents or property of the bankrupt may be, even if they are in the possession of an executing officer, a secured creditor or other claimant to them. C. 25 Federal Law–Civil Law 19. Subsection 19(1) of the French version of the Act is replaced by the following: Assistance juridique 19. (1) Le syndic peut, antérieurement à la première assemblée des créanciers, obtenir un avis juridique et prendre les procédures judiciaires qu’il peut juger nécessaires pour recouvrer ou protéger les biens du failli. 1997, c. 12, s. 18 20. Subsection 20(1) of the Act is replaced by the following: Divesting property by trustee 20. (1) The trustee may, with the permission of the inspectors, divest all or any part of the trustee’s right, title or interest in any real property or immovable of the bankrupt by a notice of quit claim or renunciation by the trustee, and the official in charge of the land titles or registry office, as the case may be, where title to the real property or immovable is registered shall accept and register in the land register the notice when tendered for registration. 21. Subsection 26(3) of the Act is replaced by the following: Records may be inspected (3) The trustee shall permit the books, records and documents referred to in subsection (2) to be inspected and copies of them made by the Superintendent, the bankrupt or any creditor or their representative at any reasonable time. 22. (1) Paragraph 30(1)(b) of the Act is replaced by the following: (b) lease any real property or immovable; (2) Paragraph 30(1)(e) of the Act is replaced by the following: (e) employ a barrister or solicitor or, in the Province of Quebec, an advocate, or employ any other representative, to take any proceedings or do any business that may be sanctioned by the inspectors; (3) Paragraph 30(1)(g) of the Act is replaced by the following: (g) incur obligations, borrow money and give security on any property of the bankrupt by mortgage, hypothec, charge, lien, assignment, pledge or otherwise, such obligations Harmonisation no 2 du dro and money borrowed to be discharged or repaid with interest out of the property of the bankrupt in priority to the claims of the creditors; 1997, c. 12, s. 22(1)(F) (4) Paragraph 30(1)(k) of the Act is replaced by the following: (k) elect to retain for the whole part of its unexpired term, or to assign, surrender, disclaim or resiliate any lease of, or other temporary interest or right in, any property of the bankrupt; and 1997, c. 12, s. 24 23. Paragraph 36(2)(d) of the Act is replaced by the following: (d) if required by the inspectors, register a notice of the appointment in the land register of any land titles or registry office where the assignment or bankruptcy order has been registered; and 24. Subsection 38(2) of the French version of the Act is replaced by the following: Droits du créancier (2) Lorsque cette ordonnance est rendue, le syndic cède et transfère au créancier tous ses droits, titres et intérêts sur les biens et droits qui font l’objet de ces procédures, y compris tout document à l’appui. 25. (1) Subsection 41(4) of the Act is replaced by the following: When estate deemed fully administered (4) When a trustee’s accounts have been approved by the inspectors and taxed by the court and all objections, applications, oppositions, motions and appeals have been settled or disposed of and all dividends have been paid, the estate is deemed to have been fully administered. (2) Subsection 41(9) of the French version of the Act is replaced by the following: Mainlevée de la garantie (9) La libération d’un syndic sous le régime du présent article entraîne la mainlevée de la garantie fournie en conformité avec le paragraphe 16(1). 26. The heading of Part II of the Act is replaced by the following: C. 25 Federal Law–Civil Law BANKRUPTCY ORDERS AND ASSIGNMENTS 27. (1) Paragraph 42(1)(b) of the Act is replaced by the following: (b) if in Canada or elsewhere the debtor makes a fraudulent gift, delivery or transfer of the debtor’s property or of any part of it; (2) Paragraph 42(1)(c) of the English version of the Act is replaced by the following: (c) if in Canada or elsewhere the debtor makes any transfer of the debtor’s property or any part of it, or creates any charge on it, that would under this Act be void or, in the Province of Quebec, null as a fraudulent preference; 1997, c. 12, s. 26 (3) Paragraph 42(1)(e) of the Act is replaced by the following: (e) if the debtor permits any execution or other process issued against the debtor under which any of the debtor’s property is seized, levied on or taken in execution to remain unsatisfied until within five days after the time fixed by the executing officer for the sale of the property or for fifteen days after the seizure, levy or taking in execution, or if any of the debtor’s property has been sold by the executing officer, or if the execution or other process has been held by the executing officer for a period of fifteen days after written demand for payment without seizure, levy or taking in execution or satisfaction by payment, or if it is returned endorsed to the effect that the executing officer can find no property on which to levy or to seize or take, but if interpleader or opposition proceedings have been instituted with respect to the property seized, the time elapsing between the date at which the proceedings were instituted and the date at which the proceedings are finally disposed of, settled or abandoned shall not be taken into account in calculating the period of fifteen days; (4) Paragraph 42(1)(g) of the French version of the Act is replaced by the following: Harmonisation no 2 du dro g) s’il cède, enlève ou cache, ou essaie ou est sur le point de céder, d’enlever ou de cacher une partie de ses biens, ou en dispose ou essaie ou est sur le point d’en disposer, avec l’intention de frauder, frustrer ou retarder ses créanciers ou l’un d’entre eux; (5) Subsection 42(2) of the English version of the Act is replaced by the following: Unauthorized assignments are void or null (2) Every assignment of an insolvent debtor’s property other than an assignment authorized by this Act, made by an insolvent debtor for the general benefit of their creditors, is void or, in the Province of Quebec, null. 1992, c. 1, s. 14(1), c. 27, s. 15 28. The heading before section 43 and sections 43 to 45 of the Act are replaced by the following: APPLICATION FOR BANKRUPTCY ORDER Bankruptcy application 43. (1) Subject to this section, one or more creditors may file in court an application for a bankruptcy order against a debtor if it is alleged in the application that (a) the debt or debts owing to the applicant creditor or creditors amount to one thousand dollars; and (b) the debtor has committed an act of bankruptcy within the six months preceding the filing of the application. If applicant creditor is a secured creditor (2) If the applicant creditor referred to in subsection (1) is a secured creditor, they shall in their application either state that they are willing to give up their security for the benefit of the creditors, in the event of a bankruptcy order being made against the debtor, or give an estimate of the value of the applicant creditor’s security, and in the latter case they may be admitted as an applicant creditor to the extent of the balance of the debt due to them after deducting the value so estimated, in the same manner as if they were an unsecured creditor. Affidavit (3) The application shall be verified by affidavit of the applicant or by someone duly authorized on their behalf having personal knowledge of the facts alleged in the application. C. 25 Consolidation of applications (4) If two or more applications are filed against the same debtor or against joint debtors, the court may consolidate the proceedings or any of them on any terms that the court thinks fit. Place of filing (5) The application shall be filed in the court having jurisdiction in the judicial district of the locality of the debtor. Proof of facts, etc. (6) At the hearing of the application, the court shall require proof of the facts alleged in the application and of the service of the application, and, if satisfied with the proof, may make a bankruptcy order. Dismissal of application (7) If the court is not satisfied with the proof of the facts alleged in the application or of the service of the application, or is satisfied by the debtor that the debtor is able to pay their debts, or that for other sufficient cause no order ought to be made, it shall dismiss the application. Dismissal with respect to some respondents only (8) If there are more respondents than one to an application, the court may dismiss the application with respect to one or more of them, without prejudice to the effect of the application as against the other or others of them. Appointment of trustee (9) On a bankruptcy order being made, the court shall appoint a licensed trustee as trustee of the property of the bankrupt, having regard, as far as the court considers just, to the wishes of the creditors. Stay of proceedings if facts denied (10) If the debtor appears at the hearing of the application and denies the truth of the facts alleged in the application, the court may, instead of dismissing the application, stay all proceedings on the application on any terms that it may see fit to impose on the applicant as to costs or on the debtor to prevent alienation of the debtor’s property and for any period of time that may be required for trial of the issue relating to the disputed facts. Stay of proceedings for other reasons (11) The court may for other sufficient reason make an order staying the proceedings under an application, either altogether or for a limited time, on any terms and subject to any conditions that the court may think just. Federal Law–Civil Law Harmonisation no 2 du dro Security for costs (12) Applicants who are resident out of Canada may be ordered to give security for costs to the debtor, and proceedings under the application may be stayed until the security is furnished. Bankruptcy order on another application (13) If proceedings on an application have been stayed or have not been prosecuted with due diligence and effect, the court may, if by reason of the delay or for any other cause it is considered just, substitute or add as applicant any other creditor to whom the debtor may be indebted in the amount required by this Act and make a bankruptcy order on the application of the other creditor, and shall, immediately after making the order, dismiss on any terms that it may consider just the application in the stayed or non-prosecuted proceedings. Withdrawing application (14) An application shall not be withdrawn without the leave of the court. Application against one partner (15) Any creditor whose claim against a partnership is sufficient to entitle the creditor to present a bankruptcy application may present an application against any one or more partners of the firm without including the others. Court may consolidate proceedings (16) If a bankruptcy order has been made against one member of a partnership, any other application against a member of the same partnership shall be filed in or transferred to the same court, and the court may give any directions for consolidating the proceedings under the applications that it thinks just. Continuance of proceedings on death of debtor (17) If a debtor against whom an application has been filed dies, the proceedings shall, unless the court otherwise orders, be continued as if the debtor were alive. Application against estate or succession 44. (1) Subject to section 43, an application for a bankruptcy order may be filed against the estate or succession of a deceased debtor. Personal liability (2) After service of an application for a bankruptcy order on the executor or administrator of the estate of a deceased debtor, or liquidator of the succession of a deceased debtor, the person on whom the order was C. 25 Federal Law–Civil Law served shall not make payment of any moneys or transfer any property of the deceased debtor, except as required for payment of the proper funeral and testamentary expenses, until the application is disposed of; otherwise, in addition to any penalties to which the person may be subject, the person is personally liable for the payment or transfer. Act done in good faith (3) Nothing in this section invalidates any payment or transfer of property made or any act or thing done, in good faith, by the executor, administrator of the estate or liquidator of the succession before the service of an application referred to in subsection (2). Costs of application 45. (1) If a bankruptcy order is made, the costs of the applicant shall be taxed and be payable out of the estate, unless the court otherwise orders. Insufficient proceeds (2) If the proceeds of the estate are not sufficient for the payment of any costs incurred by the trustee, the court may order the costs to be paid by the applicant. 1997, c. 12, s. 27(F) 29. Subsection 46(1) of the Act is replaced by the following: Appointment of interim receiver 46. (1) The court may, if it is shown to be necessary for the protection of the estate of a debtor, at any time after the filing of an application for a bankruptcy order and before a bankruptcy order is made, appoint a licensed trustee as interim receiver of the property or any part of the property of the debtor and direct the interim receiver to take immediate possession of the property or any part of it on an undertaking being given by the applicant that the court may impose with respect to interference with the debtor’s legal rights and with respect to damages in the event of the application being dismissed. 1992, c. 27, s. 16(1) 30. Subsection 47.2(1) of the Act is replaced by the following: Orders respecting fees and expenses 47.2 (1) If an appointment of an interim receiver is made under section 47 or 47.1, the court may make any order respecting the payment of fees and disbursements of the interim receiver that it considers proper, including an order giving the interim receiver security, ranking ahead of any or all secured creditors, Harmonisation no 2 du dro over any or all of the assets of the debtor in respect of the interim receiver’s claim for fees or disbursements, but the court shall not make such an order unless it is satisfied that all secured creditors who would be materially affected by the order were given reasonable advance notification and an opportunity to make representations to the court. 1997, c. 12, s. 29(1)(F) 31. Subsection 49(1) of the English version of the Act is replaced by the following: Assignment for general benefit of creditors 49. (1) An insolvent person or, if deceased, the executor or administrator of their estate or the liquidator of the succession, with the leave of the court, may make an assignment of all the insolvent person’s property for the general benefit of the insolvent person’s creditors. 1992, c. 27, s. 18(1) 32. (1) The portion of subsection 50(1.4) of the Act before paragraph (a) is replaced by the following: Classes of secured claims (1.4) Secured claims may be included in the same class if the interests or rights of the creditors holding those claims are sufficiently similar to give them a commonality of interest, taking into account 1992, c. 27, s. 18(1) (2) Paragraph 50(1.4)(b) of the Act is replaced by the following: (b) the nature and rank of the security in respect of the claims; 1992, c. 27, s. 18(4) (3) Subsection 50(8) of the French version of the Act is replaced by the following: Exception (8) Le tribunal peut rendre une ordonnance de non-communication de tout ou partie de l’état, s’il est convaincu que sa communication à l’un ou l’autre ou à l’ensemble des créanciers causerait un préjudice indu à la personne insolvable et que sa non-communication ne causerait pas de préjudice indu au créancier ou aux créanciers en question. 1992, c. 27, s. 19 33. Subsection 50.4(4) of the French version of the Act is replaced by the following: C. 25 Exception (4) Le tribunal peut rendre une ordonnance de non-communication de tout ou partie de l’état, s’il est convaincu que sa communication à l’un ou l’autre ou à l’ensemble des créanciers causerait un préjudice indu à la personne insolvable ou encore que sa non-communication ne causerait pas de préjudice indu au créancier ou aux créanciers en question. Federal Law–Civil Law 34. Subsection 63(2) of the French version of the Act is replaced by the following: Validité des choses faites (2) Une ordonnance rendue aux termes du paragraphe (1) l’est sans préjudice de la validité d’une vente ou autre disposition de biens ou d’un paiement dûment fait, ou d’une chose dûment exécutée en vertu de la proposition ou en conformité avec celle-ci et, nonobstant l’annulation de la proposition, une garantie donnée conformément à la proposition conserve pleine force et effet conformément à ses conditions. 35. Section 65 of the French version of the Act is replaced by the following: Cas où la proposition est subordonnée à l’achat de nouvelles valeurs mobilières 65. Une proposition faite subordonnément à l’achat d’actions ou de valeurs mobilières ou à tout autre paiement ou contribution par les créanciers doit stipuler que la réclamation de tout créancier qui décide de ne pas participer à la proposition sera évaluée par le tribunal et payée en espèces lors de l’approbation de la proposition. 1997, c. 27, s. 30 36. The portion of subsection 65.1(1) of the English version of the Act before paragraph (a) is replaced by the following: Certain rights limited 65.1 (1) If a notice of intention or a proposal has been filed in respect of an insolvent person, no person may terminate or amend any agreement with the insolvent person, or claim an accelerated payment, or a forfeiture of the term, under any agreement with the insolvent person, by reason only that 1997, c. 12, s. 42(1)(E) 37. (1) Subsection 65.2(1) of the Act is replaced by the following: Insolvent person may disclaim or resiliate 65.2 (1) At any time between the filing of a notice of intention and the filing of a proposal, or on the filing of a proposal, in respect of an Harmonisation no 2 du dro commercial lease insolvent person who is a commercial lessee under a lease of real property or an immovable, the insolvent person may disclaim or resiliate the lease on giving thirty days notice to the lessor in the prescribed manner, subject to subsection (2). 1997, c. 12, s. 42(2) (2) Subsections 65.2(2) to (7) of the English version of the Act are replaced by the following: Lessor may challenge (2) Within fifteen days after being given notice of the disclaimer or resiliation of a lease under subsection (1), the lessor may apply to the court for a declaration that subsection (1) does not apply in respect of that lease, and the court, on notice to any parties that it may direct, shall, subject to subsection (3), make that declaration. Circumstances for not making declaration (3) No declaration under subsection (2) shall be made if the court is satisfied that the insolvent person would not be able to make a viable proposal without the disclaimer or resiliation of the lease and all other leases that the lessee has disclaimed or resiliated under subsection (1). Effects of disclaimer or resiliation (4) If a lease is disclaimed or resiliated under subsection (1), (a) the lessor has no claim for accelerated rent; (b) the proposal must indicate whether the lessor may file a proof of claim for the actual losses resulting from the disclaimer or resiliation, or for an amount equal to the lesser of (i) the aggregate of (A) the rent provided for in the lease for the first year of the lease following the date on which the disclaimer or resiliation becomes effective, and (B) fifteen per cent of the rent for the remainder of the term of the lease after that year, and (ii) three years’ rent; and (c) the lessor may file a proof of claim as indicated in the proposal. Classification of claim (5) The lessor’s claim shall be included in either C. 25 Federal Law–Civil Law (a) a separate class of similar claims of lessors; or (b) a class of unsecured claims that includes claims of creditors who are not lessors. Lessor’s vote on proposal (6) The lessor is entitled to vote on the proposal in whichever class referred to in subsection (5) the lessor’s claim is included, and for the amount of the claim as proven. Determination of classes (7) The court may, on application made at any time after the proposal is filed, determine the classes of claims of lessors and the class into which the claim of any of those particular lessors falls. 1997, c. 12, s. 43 38. Section 65.21 of the Act is replaced by the following: Lease disclaimer or resiliation if lessee is a bankrupt 65.21 If, in respect of a proposal concerning a bankrupt person who is a commercial lessee under a lease of real property or an immovable, the lessee’s lease has been surrendered, disclaimed or resiliated in the bankruptcy proceedings, subsections 65.2(3) to (7) apply in the same manner and to the same extent as if the person was not a bankrupt but was an insolvent person in respect of which a disclaimer or resiliation referred to in those subsections applies. 1997, c. 12, s. 43 39. Section 65.22 of the English version of the Act is replaced by the following: Bankruptcy after court approval 65.22 If an insolvent person who has disclaimed or resiliated a lease under subsection 65.2(1) becomes bankrupt after the court approval of the proposal and before the proposal is fully performed, any claim of the lessor in respect of losses resulting from the disclaimer or resiliation, including any claim for accelerated rent, shall be reduced by the amount of compensation paid under the proposal for losses resulting from the disclaimer or resiliation. 1992, c. 27, s. 32(1) 40. Section 66.29 of the Act is replaced by the following: Administrator may issue certificate 66.29 (1) If a consumer proposal is approved or deemed approved by the court, the administrator may, if the administrator believes on reasonable grounds that the debtor owns land or other valuable property, issue a certificate in Harmonisation no 2 du dro respect of the proposal, and may cause the certificate to be filed in any place where a certificate of judgment, writ of seizure and sale or other like document may be filed or where a legal hypothec of judgment creditors may be registered. Effect of filing certificate (2) A certificate filed under subsection (1) operates as a certificate of judgment, writ of execution or legal hypothec of judgment creditors until the proposal is fully performed. 1992, c. 27, s. 32(1) 41. Paragraph 66.33(b) of the Act is replaced by the following: (b) the day on which the first application, if any, for a bankruptcy order in respect of that consumer debtor was filed. 1992, c. 27, s. 32(1) 42. The portion of subsection 66.34(1) of the English version of the Act before paragraph (a) is replaced by the following: Certain rights limited 66.34 (1) If a consumer proposal has been filed in respect of a consumer debtor, no person may terminate or amend any agreement with the consumer debtor, or claim an accelerated payment, or a forfeiture of the term, under any agreement with the consumer debtor, by reason only that 1992, c. 27, s. 36(1) 43. Paragraph 69.2(4)(b) of the English version of the Act is replaced by the following: (b) in the case of a security for a debt that does not become due until more than six months after the date of the approval or deemed approval of the consumer proposal, that right shall not be postponed for more than six months from that date, unless all instalments of interest that are more than six months in arrears are paid and all other defaults of more than six months standing are cured, and then only so long as no instalment of interest remains in arrears or defaults C. 25 Federal Law–Civil Law remain uncured for more than six months, but, in any event, not beyond the date at which the debt secured by the security becomes payable under the instrument or act, or law, creating the security. 1992, c. 27, s. 37; 1997, c. 12, ss. 66(F), 67 44. Sections 70 and 71 of the Act are replaced by the following: Precedence of bankruptcy orders and assignments 70. (1) Every bankruptcy order and every assignment made under this Act takes precedence over all judicial or other attachments, garnishments, certificates having the effect of judgments, judgments, certificates of judgment, legal hypothecs of judgment creditors, executions or other process against the property of a bankrupt, except those that have been completely executed by payment to the creditor or the creditor’s representative, and except the rights of a secured creditor. Costs (2) Despite subsection (1), one bill of costs of a barrister or solicitor or, in the Province of Quebec, an advocate, including the executing officer’s fees and land registration fees, shall be payable to the creditor who has first attached by way of garnishment or lodged with the executing officer an attachment, execution or other process against the property of the bankrupt. Vesting of property in trustee 71. On a bankruptcy order being made or an assignment being filed with an official receiver, a bankrupt ceases to have any capacity to dispose of or otherwise deal with their property, which shall, subject to this Act and to the rights of secured creditors, immediately pass to and vest in the trustee named in the bankruptcy order or assignment, and in any case of change of trustee the property shall pass from trustee to trustee without any assignment or transfer. 1997, c. 12, s. 68(F) 45. Subsection 72(2) of the Act is replaced by the following: Operation of provincial law re documents executed under Act (2) No bankruptcy order, assignment or other document made or executed under the authority of this Act shall, except as otherwise provided in this Act, be within the operation of any legislative enactment in force at any time in any province relating to deeds, mortgages, hypothecs, judgments, bills of sale, chattel mort2004 Harmonisation no 2 du dro gages, property or registration of documents affecting title to or liens or charges on real or personal property or immovables or movables. 46. (1) Subsection 73(1) of the English version of the Act is replaced by the following: Purchaser in good faith at sale protected 73. (1) An execution levied by seizure and sale of the property of a bankrupt is not invalid by reason only of its being an act of bankruptcy, and a person who purchases the property in good faith under a sale by the executing officer acquires a good title to the property against the trustee. (2) Subsection 73(2) of the Act is replaced by the following: Executing officer to deliver property of bankrupt to trustee (2) If an assignment or a bankruptcy order has been made, the executing officer or other officer of any court or any other person having seized property of the bankrupt under execution or attachment or any other process shall, on receiving a copy of the assignment or the bankruptcy order certified by the trustee as a true copy, immediately deliver to the trustee all the property of the bankrupt in their hands. (3) Subsection 73(3) of the English version of the Act is replaced by the following: In case of executing officer’s sale (3) If the executing officer has sold the property or any part of the property of a bankrupt, the executing officer shall deliver to the trustee the money so realized less the executing officer’s fees and the costs referred to in subsection 70(2). 1997, c. 12, s. 69(F) (4) Subsection 73(4) of the Act is replaced by the following: Effect of bankruptcy on seizure of property for rent or taxes (4) Any property of a bankrupt under seizure for rent or taxes shall on production of a copy of the bankruptcy order or the assignment certified by the trustee as a true copy be delivered without delay to the trustee, but the costs of distress or, in the Province of Quebec, the costs of seizure are a security on the property ranking ahead of any other security on it, and, if the property or any part of it has been sold, the C. 25 Federal Law–Civil Law money realized from the sale less the costs of distress, or seizure, and sale shall be paid to the trustee. 1997, c. 12, s. 70; 2001, c. 4, s. 28(F) 47. Sections 74 to 76 of the Act are replaced by the following: Registration of bankruptcy order or assignment 74. (1) Every bankruptcy order, or a true copy certified by the registrar or other officer of the court that made it, and every assignment, or a true copy certified by the official receiver, may be registered by or on behalf of the trustee in respect of the whole or any part of any real property in which the bankrupt has any interest or estate, or in respect of the whole or any part of any immovable in which the bankrupt has any right, in the registry office in which, according to the law of the province in which the real property or immovable is situated, deeds or transfers of title and other documents relating to real property, an immovable or any interest or estate in real property or any right in an immovable may be registered. Effect of registration (2) If a bankrupt is the registered owner of any real property or immovable or the registered holder of any charge, the trustee, on registration of the documents referred to in subsection (1), is entitled to be registered as owner of the real property or immovable or holder of the charge free of all encumbrances or charges mentioned in subsection 70(1). Caveat may be filed (3) If a bankrupt owns any real property or immovable or holds any charge registered in a land registry office or has or is believed to have any interest, estate or right in any of them, and for any reason a copy of the bankruptcy order or assignment has not been registered as provided in subsection (1), a caveat or caution may be lodged with the official in charge of the land registry by the trustee, and any registration made after the lodging of the caveat or caution in respect of the real property, immovable or charge is subject to the caveat or caution unless it has been removed or cancelled under the provisions of the Act under which the real property, immovable, charge, interest, estate or right is registered. Harmonisation no 2 du dro Duty of official (4) Every official to whom a trustee tenders or causes to be tendered for registration any bankruptcy order, assignment or other document shall register it according to the ordinary procedure for registering within the official’s office documents relating to real property or immovables. Law of province to apply in favour of purchaser for value 75. Despite anything in this Act, a deed, transfer, agreement for sale, mortgage, charge or hypothec made to or in favour of a bona fide purchaser, mortgagee or hypothecary creditor for adequate valuable consideration and covering any real property or immovable affected by a bankruptcy order or an assignment under this Act is valid and effectual according to the tenor of the deed, transfer, agreement for sale, mortgage, charge or hypothec and according to the laws of the province in which the property is situated as fully and effectually and to all intents and purposes as if no bankruptcy order or assignment had been made under this Act, unless the bankruptcy order or assignment, or notice of the order or assignment, or caution, has been registered against the property in the proper office prior to the registration of the deed, transfer, agreement for sale, mortgage, charge or hypothec in accordance with the laws of the province in which the property is situated. Property not to be removed from province 76. No property of a bankrupt shall be removed out of the province in which the property was at the date when the bankruptcy order or assignment was made, without the permission of the inspectors or an order of the court in which proceedings under this Act are being carried on or within the jurisdiction in which the property is situated. 1997, c. 12, s. 71 48. Section 80 of the Act is replaced by the following: Protection of trustee 80. If the trustee has seized or disposed of property in the possession or on the premises of a bankrupt without notice of any claim in respect of the property and after the seizure or disposal it is made to appear that the property, at the date of the bankruptcy, was not the property of the bankrupt or was subject to an unregistered security or charge, the trustee is not C. 25 Federal Law–Civil Law personally liable for any loss or damage arising from the seizure or disposal sustained by any person claiming the property, interest in property or, in the Province of Quebec, a right in property, or for the costs of proceedings taken to establish a claim to that property, interest or right, unless the court is of opinion that the trustee has been negligent with respect to the trustee’s duties in relation to the property. 1992, c. 27, s. 38(1) 49. (1) The portion of subsection 81.2(1) of the French version of the Act before paragraph (a) is replaced by the following: Cas des agriculteurs, des pêcheurs et des aquiculteurs 81.2 (1) Par dérogation à toute autre loi ou règle de droit fédérale ou provinciale, la réclamation de l’agriculteur, du pêcheur ou de l’aquiculteur qui a vendu et livré à un acheteur des produits agricoles, aquatiques ou aquicoles destinés à être utilisés dans le cadre des affaires de celui-ci est garantie, à compter de la date visée aux sous-alinéas a)(i) ou (ii), par une sûreté portant sur la totalité du stock appartenant à l’acheteur ou détenu par lui à la même date; la sûreté a priorité sur tout autre droit, sûreté, charge ou réclamation — peu importe sa date de naissance — relatif au stock de l’acheteur, sauf sur le droit du fournisseur à la reprise de possession de marchandises aux termes de l’article 81.1; la garantie reconnue par le présent article n’est valable que si, à la fois : 1992, c. 27, s. 38(1) (2) The portion of subsection 81.2(1) of the Act after paragraph (d) is replaced by the following: the claim of the farmer, fisherman or aquaculturist for the unpaid amount in respect of the products is secured by security on all the inventory of or held by the purchaser as of the day referred to in subparagraph (b)(i) or (ii), and the security ranks above every other claim, right, charge or security against that inventory, regardless of when that other claim, right, charge or security arose, except a supplier’s right, under section 81.1, to repossess goods, despite any other federal or provincial Act or law; and if the trustee or receiver, as the case may be, takes possession or in any way disposes of inventory covered by the security, the trustee or receiver is liable for the claim of the farmer, Harmonisation no 2 du dro fisherman or aquaculturist to the extent of the net amount realized on the disposition of that inventory, after deducting the cost of realization, and is subrogated in and to all rights of the farmer, fisherman or aquaculturist to the extent of the amounts paid to them by the trustee or receiver. 1992, c. 27, s. 38(1); 1997, c. 12, s. 72(F) (3) The definitions “aquaculturist” and “farmer” in subsection 81.2(2) of the English version of the Act are replaced by the following: “aquaculturist” « aquiculteur » “aquaculturist” includes the owner, occupier, lessor and lessee of an aquaculture operation; “farmer” « agriculteur » “farmer” includes the owner, occupier, lessor and lessee of a farm; 50. (1) Paragraphs 83(1)(a) to (c) of the English version of the Act are replaced by the following: (a) if the work covered by the copyright has not been published and put on the market at the time of the bankruptcy and no expense has been incurred in connection with that work, revert and be delivered to the author or their heirs, and any contract or agreement between the author or their heirs and the bankrupt shall then terminate and be void or, in the Province of Quebec, null; (b) if the work covered by the copyright has in whole or in part been put into type and expenses have been incurred by the bankrupt, revert and be delivered to the author on payment of the expenses so incurred and the product of those expenses shall also be delivered to the author or their heirs and any contract or agreement between the author or their heirs and the bankrupt shall then terminate and be void or, in the Province of Quebec, null, but if the author does not exercise their rights under this paragraph within six months after the date of the bankruptcy, the trustee may carry out the original contract; or (c) if the trustee at the end of the six-month period from the date of the bankruptcy decides not to carry out the contract, revert without expense to the author and any contract or agreement between the author or C. 25 Federal Law–Civil Law their heirs and the bankrupt shall then terminate and be void or, in the Province of Quebec, null. (2) Paragraph 83(2)(b) of the French version of the Act is replaced by the following: b) le syndic n’a pas le pouvoir, sans le consentement écrit de l’auteur ou de ses héritiers, de céder le droit d’auteur ou de céder ou d’accorder un intérêt dans ce droit d’auteur par licence ou autrement, sauf en des termes qui garantissent à l’auteur ou à ses héritiers des paiements, sous forme de redevances ou de tantièmes sur les profits, à un taux non inférieur à celui que le failli était tenu de payer; (3) Paragraph 83(2)(c) of the English version of the Act is replaced by the following: (c) any contract or agreement between the author or their heirs and the bankrupt shall then terminate and be void or, in the Province of Quebec, null, except with respect to the disposal, under this subsection, of copies of the work published and put on the market before the bankruptcy. 51. Section 84 of the French version of the Act is replaced by the following: Effets des ventes par syndic 84. Les droits de propriété, en droit et en equity, du failli sur les biens qui font l’objet d’une vente par le syndic sont dévolus à l’acheteur. 52. (1) Subsection 85(1) of the French version of the Act is replaced by the following: Application aux sociétés de personnes en commandite 85. (1) La présente loi s’applique aux sociétés de personnes en commandite de la même manière que si elles étaient des sociétés en nom collectif; et, lorsque tous les membres d’une telle société deviennent en faillite, les biens de celle-ci sont dévolus au syndic. (2) Subsection 85(2) of the English version of the Act is replaced by the following: Harmonisation no 2 du dro Actions by trustee and bankrupt’s partner (2) If a member of a partnership becomes bankrupt, the court may authorize the trustee to commence and prosecute any action in the names of the trustee and of the bankrupt’s partner, and any release by the partner of the debt or demand to which the action relates is void or, in the Province of Quebec, null. 1992, c. 27, s. 39(1) 53. Paragraph 87(1)(a) of the Act is replaced by the following: (a) the date an application is filed against the debtor, 1997, c. 12, s. 75 54. (1) Subsections 91(1) and (2) of the English version of the Act are replaced by the following: Certain settlements ineffective 91. (1) Any settlement of property made within the period beginning on the day that is one year before the date of the initial bankruptcy event in respect of the settlor and ending on the date that the settlor became bankrupt, both dates included, is void as against, or in the Province of Quebec, may not be set up against, the trustee. If bankrupt within five years (2) Any settlement of property made within the period beginning on the day that is five years before the date of the initial bankruptcy event in respect of the settlor and ending on the date that the settlor became bankrupt, both dates included, is void as against, or in the Province of Quebec, may not be set up against, the trustee if the trustee can prove that the settlor was, at the time of making the settlement, unable to pay all the settlor’s debts without the aid of the property that was the subject of the settlement or that the interest of the settlor in the property did not pass on the execution of the settlement. 2000, c. 12, s. 11 (2) Subsection 91(3) of the Act is replaced by the following: Non-application of section (3) This section does not extend to any settlement made in favour of a purchaser, incumbrancer or holder of a charge in good faith and for valuable consideration. 55. (1) Subsection 94(1) of the English version of the Act is replaced by the following: C. 25 General assignments of book debts ineffective 94. (1) If a person engaged in any trade or business makes an assignment of their existing or future book debts or any class or part of those debts and subsequently becomes bankrupt, the assignment of book debts is void as against, or in the Province of Quebec, may not be set up against, the trustee with respect to any book debts that have not been paid at the date of the bankruptcy. Federal Law–Civil Law (2) Subsection 94(3) of the English version of the Act is replaced by the following: Other cases (3) Nothing in this section renders void or, in the Province of Quebec, null any assignment of book debts due at the date of the assignment from specified debtors, or of debts growing due under specified contracts, or any assignment of book debts included in a transfer of a business made in good faith and for adequate valuable consideration. 1997, c. 12, s. 78(1) 56. Subsections 95(1) and (2) of the Act are replaced by the following: Preferences 95. (1) Every transfer of property, every charge made on property, every payment made, every obligation incurred and every judicial proceeding taken or suffered by any insolvent person in favour of any creditor or of any person in trust for any creditor with a view to giving that creditor a preference over the other creditors is, when it is made, given, incurred, taken or suffered within the period beginning on the day that is three months before the date of the initial bankruptcy event and ending on the date the insolvent person became bankrupt, both dates included, deemed fraudulent and void as against, or in the Province of Quebec, may not be set up against, the trustee in the bankruptcy. When view to prefer presumed (2) If any transfer, charge, payment, obligation or judicial proceeding mentioned in subsection (1) has the effect of giving any creditor a preference over other creditors, or over any one or more of them, it shall be presumed, in the absence of evidence to the contrary, to have been made, incurred, taken, paid or suffered with a view to giving the creditor a preference over other creditors, whether or not it was made Harmonisation no 2 du dro voluntarily or under pressure and evidence of pressure shall not be admissible to support the transaction. 1997, c. 12, s. 79 57. Section 96 of the Act is replaced by the following: Extended period 96. If the transfer, charge, payment, obligation or judicial proceeding mentioned in section 95 is in favour of a person related to the insolvent person, the period referred to in subsection 95(1) shall be one year instead of three months. 1997, c. 12, s. 80 58. (1) The portion of subsection 97(1) of the Act before paragraph (a) is replaced by the following: Protected transactions 97. (1) No payment, contract, dealing or transaction to, by or with a bankrupt made between the date of the initial bankruptcy event and the date of the bankruptcy is valid, except the following, which are valid if made in good faith, subject to the foregoing provisions of this Act with respect to the effect of bankruptcy on an execution, attachment or other process against property, and subject to the provisions of this Act respecting settlements, preferences and reviewable transactions: 1997, c. 12, s. 80 (2) Paragraph 97(1)(c) of the Act is replaced by the following: (c) a transfer by the bankrupt for adequate valuable consideration; and (3) Subsection 97(2) of the Act is replaced by the following: Definition of “adequate valuable consideration” (2) The expression “adequate valuable consideration” in paragraph (1)(c) means a consideration of fair and reasonable money value with relation to that of the property assigned or transferred, and in paragraph (1)(d) means a consideration of fair and reasonable money value with relation to the known or reasonably to be anticipated benefits of the contract, dealing or transaction. (4) Subsection 97(3) of the English version of the Act is replaced by the following: C. 25 Law of set-off or compensation (3) The law of set-off or compensation applies to all claims made against the estate of the bankrupt and also to all actions instituted by the trustee for the recovery of debts due to the bankrupt in the same manner and to the same extent as if the bankrupt were plaintiff or defendant, as the case may be, except in so far as any claim for set-off or compensation is affected by the provisions of this Act respecting frauds or fraudulent preferences. Federal Law–Civil Law 59. Subsection 98(1) of the English version of the Act is replaced by the following: Recovering proceeds if transferred 98. (1) If a person has acquired property of a bankrupt under a transaction that is void or voidable and set aside or, in the Province of Quebec, null or annullable and set aside, and has sold, disposed of, realized or collected the property or any part of it, the money or other proceeds, whether further disposed of or not, shall be deemed the property of the trustee. 60. Subsection 99(1) of the Act is replaced by the following: Dealings with undischarged bankrupt 99. (1) All transactions by a bankrupt with any person dealing with the bankrupt in good faith and for value in respect of property acquired by the bankrupt after the bankruptcy, if completed before any intervention by the trustee, are valid against the trustee, and any estate, or interest or right, in the property that by virtue of this Act is vested in the trustee shall determine and pass in any manner and to any extent that may be required for giving effect to any such transaction. 1997, c. 12, s. 82(1) 61. The portion of subsection 101(2) of the English version of the Act before paragraph (a) is replaced by the following: Judgment against directors (2) If a transaction referred to in subsection (1) has occurred, the court may give judgment to the trustee against the directors of the corporation, jointly and severally, or solidarily, in the amount of the dividend or redemption or purchase price, with interest on the amount, that has not been paid to the corporation if the court finds that 1997, c. 12, s. 83 62. Section 101.2 of the Act is replaced by the following: 2004 Provisions to apply Harmonisation no 2 du dro 101.2 Sections 91 to 101 apply as though the debtor became bankrupt on the date of the initial bankruptcy event if the proposal is annulled either by the court under subsection 63(1) or as a result of a bankruptcy order or assignment. 63. (1) Subsection 109(4) of the English version of the Act is replaced by the following: Debtor may not be proxyholder (4) A debtor may not be appointed a proxyholder to vote at any meeting of the debtor’s creditors. (2) Subsection 109(5) of the Act is replaced by the following: Corporation (5) A corporation may vote by an authorized proxyholder at meetings of creditors. 64. Subsection 113(2) of the Act is replaced by the following: Trustee may not vote on remuneration (2) The vote of the trustee or of their partner, clerk, legal counsel or legal counsel’s clerk, either as creditor or as proxy for a creditor, shall not be reckoned in the majority required for passing any resolution affecting the remuneration or conduct of the trustee. 65. Subsection 120(3) of the French version of the Act is replaced by the following: Fonctions des inspecteurs (3) Les inspecteurs vérifient le solde en banque de l’actif, examinent ses comptes, s’enquièrent de la suffisance de la garantie fournie par le syndic et, sous réserve du paragraphe (4), approuvent l’état définitif des recettes et des débours préparé par le syndic, le bordereau de dividende et la disposition des biens non réalisés. 66. Subsection 122(2) of the English version of the Act is replaced by the following: Interest (2) If interest on any debt or sum certain is provable under this Act but the rate of interest has not been agreed on, the creditor may prove interest at a rate not exceeding five per cent per annum to the date of the bankruptcy from the time the debt or sum was payable, if evidenced C. 25 Federal Law–Civil Law by a written document, or, if not so evidenced, from the time notice has been given the debtor of the interest claimed. 67. Subsection 127(2) of the French version of the Act is replaced by the following: Peut prouver sa réclamation entière sur renonciation (2) Lorsqu’un créancier garanti renonce à sa garantie en faveur du syndic au profit des créanciers en général, il peut établir la preuve de sa réclamation entière. 1992, c. 27, s. 51(1) 68. Subsection 128(1.1) of the French version of the Act is replaced by the following: Défaut de réponse (1.1) Faute par la personne, à laquelle le syndic a fait signifier l’avis, d’avoir produit une preuve de sa garantie dans les trente jours suivant cette signification, le syndic peut, sur permission du tribunal, aliéner les biens visés, ceux-ci étant dès lors libres de toute garantie. 69. Subsection 129(4) of the French version of the Act is replaced by the following: Frais de vente (4) Les frais occasionnés par une vente faite sous l’autorité du présent article sont à la discrétion du tribunal. 70. (1) Paragraph 136(1)(a) of the Act is replaced by the following: (a) in the case of a deceased bankrupt, the reasonable funeral and testamentary expenses incurred by the legal representative or, in the Province of Quebec, the successors or heirs of the deceased bankrupt; 2001, c. 4, s. 31 (2) Paragraph 136(1)(e) of the Act is replaced by the following: (e) municipal taxes assessed or levied against the bankrupt, within the two years immediately preceding the bankruptcy, that do not constitute a secured claim against the real property or immovables of the bankrupt, but not exceeding the value of the interest or, in the Province of Quebec, the value of the right of the bankrupt in the property in respect of which the taxes were imposed as declared by the trustee; 2004 1997, c. 12, s. 90(3)(F) Harmonisation no 2 du dro (3) Paragraph 136(1)(f) of the English version of the Act is replaced by the following: (f) the lessor for arrears of rent for a period of three months immediately preceding the bankruptcy and accelerated rent for a period not exceeding three months following the bankruptcy if entitled to accelerated rent under the lease, but the total amount so payable shall not exceed the realization from the property on the premises under lease, and any payment made on account of accelerated rent shall be credited against the amount payable by the trustee for occupation rent; 71. Section 144 of the Act is replaced by the following: Right of bankrupt to surplus 144. The bankrupt, or the legal personal representative or heirs of a deceased bankrupt, is entitled to any surplus remaining after payment in full of the bankrupt’s creditors with interest as provided by this Act and of the costs, charges and expenses of the bankruptcy proceedings. 72. Section 146 of the English version of the Act is replaced by the following: Application of provincial law to lessors’ rights 146. Subject to priority of ranking as provided by section 136 and subject to subsection 73(4), the rights of lessors shall be determined according to the laws of the province in which the leased premises are situated. 73. Paragraph 158(l) of the Act is replaced by the following: (l) execute any powers of attorney, transfers, deeds and instruments or acts that may be required; 74. Section 160 of the English version of the Act is replaced by the following: Performance of duties by imprisoned bankrupt 160. If a bankrupt is undergoing imprisonment, the court may, in order to enable the bankrupt to attend in court in bankruptcy proceedings at which the bankrupt’s personal presence is required, to attend the first meeting of creditors or to perform the duties required of the bankrupt under this Act, direct that the bankrupt be produced in the protective custody of an executing officer or other duly authorized C. 25 Federal Law–Civil Law officer at any time and place that may be designated, or it may make any other order that it deems proper and requisite in the circumstances. 1997, c. 12, s. 95 75. Subsection 161(1) of the French version of the Act is replaced by the following: Interrogatoire du failli par le séquestre officiel 161. (1) Avant la libération du failli, le séquestre officiel, lorsque celui-ci se présente devant lui, l’interroge sous serment sur sa conduite, les causes de sa faillite et la disposition de ses biens, et lui pose les questions prescrites ou des questions au même effet, ainsi que toutes autres questions qu’il peut juger opportunes. 76. Subsection 162(1) of the French version of the Act is replaced by the following: Enquête par le séquestre officiel 162. (1) Le séquestre officiel peut, et sur les instructions du surintendant doit, effectuer ou faire effectuer toute enquête ou investigation qui peut être estimée nécessaire au sujet de la conduite du failli, des causes de sa faillite et de la disposition de ses biens, et le séquestre officiel fait rapport des conclusions de toute enquête ou investigation de ce genre au surintendant, au syndic et au tribunal. 77. Subsection 163(1) of the English version of the Act is replaced by the following: Examination of bankrupt and others by trustee 163. (1) The trustee, on ordinary resolution passed by the creditors or on the written request or resolution of a majority of the inspectors, may, without an order, examine under oath before the registrar of the court or other authorized person, the bankrupt, any person reasonably thought to have knowledge of the affairs of the bankrupt or any person who is or has been an agent or a mandatary, or a clerk, a servant, an officer, a director or an employee of the bankrupt, respecting the bankrupt or the bankrupt’s dealings or property and may order any person liable to be so examined to produce any books, documents, correspondence or papers in that person’s possession or power relating in all or in part to the bankrupt or the bankrupt’s dealings or property. Harmonisation no 2 du dro 78. Subsection 164(3) of the French version of the Act is replaced by the following: Assistance obligatoire (3) Toute personne mentionnée au paragraphe (1) peut être contrainte d’être présente et de témoigner, et de produire, à son interrogatoire, tout livre, document ou papier qu’elle est obligée de produire aux termes du présent article, de la même manière et sous réserve des mêmes règles d’interrogatoire et des mêmes conséquences en cas de défaut de se présenter ou de refus de révéler les affaires au sujet desquelles elle peut être interrogée, qui s’appliqueraient au failli. 79. Section 167 of the French version of the Act is replaced by the following: Obligation de répondre aux questions 167. La personne interrogée est tenue de répondre à toutes les questions se rattachant aux affaires ou aux biens du failli, et au sujet des causes de sa faillite et de la disposition de ses biens. 80. (1) Paragraph 168(1)(a) of the Act is replaced by the following: (a) if, after the filing of a bankruptcy application against the bankrupt, it appears to the court that there are grounds for believing that the bankrupt has absconded or is about to abscond from Canada with a view of avoiding payment of the debt in respect of which the bankruptcy application was filed, of avoiding appearance to the application, of avoiding examination in respect of their affairs or of otherwise avoiding, delaying or embarrassing proceedings in bankruptcy against them; (2) Paragraphs 168(1)(c) and (d) of the Act are replaced by the following: (c) if, after the filing of a bankruptcy application or an assignment, it appears to the court that there are reasonable grounds for believing that the bankrupt (i) is about to remove their property with a view to preventing or delaying possession being taken of it by the trustee, or C. 25 Federal Law–Civil Law (ii) has concealed or is about to conceal or destroy any of their property or any books, documents or writings that might be of use to the trustee or to the creditors of the bankrupt in the course of the bankruptcy proceedings; (d) if the bankrupt removes any property in their possession above the value of twentyfive dollars without leave of the court after service of a bankruptcy application, or without leave of the trustee after an assignment has been made; or 1997, c. 12, s. 98(1) 81. Paragraph 168.1(1)(a) of the Act is replaced by the following: (a) the trustee shall, before the end of the eight-month period immediately following the date on which a bankruptcy order is made against, or an assignment is made by, the individual bankrupt, file a report prepared under subsection 170(1) with the Superintendent and send a copy of the report to the bankrupt and to each creditor who requested a copy; 1992, c. 27, s. 62 82. Subsection 169(1) of the Act is replaced by the following: Bankruptcy to operate as application for discharge 169. (1) Subject to section 168.1, the making of a bankruptcy order against, or an assignment by, any person except a corporation operates as an application for discharge, unless the bankrupt, by notice in writing, files in the court and serves on the trustee a waiver of application before being served by the trustee with a notice of the trustee’s intention to apply to the court for an appointment for the hearing of the application as provided in this section. 83. (1) Paragraph 178(1)(b) of the English version of the Act is replaced by the following: (b) any debt or liability for alimony or alimentary pension; 2000, c. 12, s. 18 (2) Paragraph 178(1)(c) of the Act is replaced by the following: (c) any debt or liability arising under a judicial decision establishing affiliation or respecting support or maintenance, or under Harmonisation no 2 du dro an agreement for maintenance and support of a spouse, former spouse, former common-law partner or child living apart from the bankrupt; 84. Section 179 of the French version of the Act is replaced by the following: Un associé n’est pas libéré 179. Une ordonnance de libération ne libère pas une personne qui, au moment de la faillite, était un associé du failli ou cofiduciaire avec le failli, ou était conjointement liée ou avait passé un contrat en commun avec lui, ou une personne qui était caution ou semblait être une caution pour lui. 85. Subsection 180(3) of the French version of the Act is replaced by the following: Effet de l’annulation de la libération (3) Une ordonnance révoquant ou annulant la libération d’un failli ne porte pas atteinte à la validité de toute vente, de toute disposition de biens, de tout paiement effectué ou de toute chose dûment faite avant la révocation ou l’annulation. 86. Section 181 of the Act is replaced by the following: Power of court to annul bankruptcy 181. (1) If, in the opinion of the court, a bankruptcy order ought not to have been made or an assignment ought not to have been filed, the court may by order annul the bankruptcy. Effect of annulment of bankruptcy (2) If an order is made under subsection (1), all sales, dispositions of property, payments duly made and acts done before the making of the order by the trustee or other person acting under the trustee’s authority, or by the court, are valid, but the property of the bankrupt shall vest in any person that the court may appoint, or, in default of any appointment, revert to the bankrupt for all the estate, or interest or right of the trustee in the estate, on any terms and subject to any conditions, if any, that the court may order. 87. Subsection 187(10) of the Act is replaced by the following: C. 25 Proceedings taken in wrong court (10) Nothing in this section invalidates any proceedings by reason of their having been commenced, taken or carried on in the wrong court, but the court may at any time transfer the proceedings to the proper court. Federal Law–Civil Law 88. (1) Paragraph 192(1)(a) of the Act is replaced by the following: (a) to hear bankruptcy applications and to make bankruptcy orders if they are not opposed; (2) Subsection 192(3) of the French version of the Act is replaced by the following: Mandat de dépôt (3) Un registraire n’a pas le pouvoir de délivrer un mandat de dépôt pour outrage au tribunal. 89. (1) Paragraph 197(6)(a) of the Act is replaced by the following: (a) commissions on collections, which are a claim ranking above any other claim on any sums collected; (2) Paragraph 197(6)(c) of the Act is replaced by the following: (c) the costs on an assignment or costs incurred by an applicant creditor up to the issue of a bankruptcy order; 1997, c. 12, s. 107 90. (1) Paragraph 198(1)(d) of the French version of the Act is replaced by the following: d) après l’ouverture de la faillite, ou dans l’année précédant l’ouverture de la faillite, cache, détruit, mutile ou falsifie un livre ou document se rapportant à ses biens ou affaires, en dispose ou y fait une omission, ou participe à ces actes, à moins qu’il n’ait eu aucunement l’intention de cacher l’état de ses affaires; 1997, c. 12, s. 107 (2) Paragraph 198(1)(g) of the French version of the Act is replaced by the following: g) après l’ouverture de la faillite, ou dans l’année précédant l’ouverture de la faillite, hypothèque ou met en gage ou nantit tout bien qu’il a obtenu à crédit et qu’il n’a pas Harmonisation no 2 du dro payé, ou en dispose, à moins que, dans le cas d’un commerçant, l’acte ne soit effectué selon les pratiques ordinaires du commerce et à moins qu’il n’ait eu aucunement l’intention de frauder. 1997, c. 12, s. 108 91. Paragraph 200(1)(b) of the French version of the Act is replaced by the following: b) pendant la même période, elle cache, détruit, mutile ou falsifie un livre ou document se rapportant à ses biens ou à ses affaires, ou en dispose, ou participe à ces actes, à moins qu’elle n’ait eu aucunement l’intention de cacher l’état de ses affaires. 92. (1) Paragraph 202(1)(b) of the Act is replaced by the following: (b) being a trustee, either before providing the security required by subsection 16(1) or after providing it but at any time while the security is not in force, acts as or exercises any of the powers of trustee, (2) Paragraph 202(1)(f) of the Act is replaced by the following: (f) directly or indirectly solicits or canvasses any person to make an assignment or a proposal under this Act, or to file an application for a bankruptcy order, (3) Paragraph 202(1)(h) of the Act is replaced by the following: (h) being a trustee, makes any arrangement under any circumstances with the bankrupt, or any legal counsel, auctioneer or other person employed in connection with a bankruptcy, for any gift, remuneration or pecuniary or other consideration or benefit whatever beyond the remuneration payable out of the estate, or accepts any such consideration or benefit from any such person, or makes any arrangement for giving up, or gives up, any part of remuneration, either as a receiver or trustee, to the bankrupt or any legal counsel, auctioneer or other person employed in connection with the bankruptcy, C. 25 1992, c. 27, s. 77 93. Section 204 of the English version of the Act is replaced by the following: Officers, etc., of corporations 204. If a corporation commits an offence under this Act, any officer or director, or agent or mandatary, of the corporation, or any person who has or has had, directly or indirectly, control in fact of the corporation, who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to and guilty of the offence and is liable on conviction to the punishment provided for the offence, whether or not the corporation has been prosecuted or convicted. 1997, c. 12, s. 111 94. Subsection 206(1) of the French version of the Act is replaced by the following: Rapport d’infraction 206. (1) S’il a des motifs raisonnables de croire qu’une infraction prévue par la présente loi ou le Code criminel, relative aux biens du failli, a été commise soit avant soit après l’ouverture de la faillite par le failli ou par toute autre personne, le séquestre officiel ou le syndic fait rapport à ce sujet au sous-procureur général ou à tout autre officier de justice compétent de la province concernée ou à la personne dûment désignée à cette fin par cet officier de justice. 1996, c. 6, par. 167(1)(b) 95. Section 213 of the Act is replaced by the following: Winding-up and Restructuring Act not to apply Federal Law–Civil Law 213. If an application for a bankruptcy order or an assignment has been filed under this Act in respect of a corporation, the Winding-up and Restructuring Act does not extend or apply to that corporation, despite anything contained in that Act, and any proceedings that are instituted under the Winding-up and Restructuring Act in respect of that corporation before the application or assignment is filed under this Act shall abate subject to any disposition of the costs of those proceedings to be made in the bankruptcy proceedings that the justice of the case may require. Harmonisation no 2 du dro 96. Subsection 237(1) of the Act is replaced by the following: If assignment or bankruptcy order made 237. (1) If a debtor in respect of whom a consolidation order has been issued under this Part makes an assignment under section 49, or if a bankruptcy order is made against the debtor under section 43, or if a proposal by the debtor is approved by the court having jurisdiction in bankruptcy under sections 59 to 61, any moneys that have been paid into court as required by the consolidation order and that have not yet been distributed to the registered creditors shall, immediately after the making of the assignment or bankruptcy order or the approval of the proposal, be distributed among those creditors by the clerk in the proportions to which they are entitled under the consolidation order. 1997, c. 12, s. 118(1) 97. (1) The portion of the definition “customer” before subparagraph (a)(ii) in section 253 of the English version of the Act is replaced by the following: “customer” « client » “customer” includes (a) a person with or for whom a securities firm deals as principal, or agent or mandatary, and who has a claim against the securities firm in respect of a security received, acquired or held by the securities firm in the ordinary course of business as a securities firm from or for a securities account of that person (i) for safekeeping or deposit or in segregation, 1997, c. 12, s. 118(1) (2) The definition “securities firm” in section 253 of the English version of the Act is replaced by the following: “securities firm” « courtier en valeurs mobilières » “securities firm” means a person who carries on the business of buying and selling securities from, to or for a customer, whether or not as a member of an exchange, as principal, or agent or mandatary, and includes any person required to be registered to enter into securities transactions with the public, but does not include a corporate entity that is not a corporation within the meaning of section 2; C. 25 1997, c. 12, s. 118(1) (3) Paragraph (b) of the definition “security” in section 253 of the English version of the Act is replaced by the following: Federal Law–Civil Law (b) a document, instrument or written or electronic record evidencing indebtedness, including a note, bond, debenture, mortgage, hypothec, certificate of deposit, commercial paper or mortgage-backed instrument, 1997, c. 12, s. 118(1) 98. Subsection 254(4) of the English version of the Act is replaced by the following: Termination, setoff or compensation (4) Nothing in this Part affects the rights of a party to a contract, including an eligible financial contract within the meaning of subsection 65.1(8), with respect to termination, or set-off or compensation. 1997, c. 12, s. 118(1) 99. (1) Subsection 256(1) of the Act is replaced by the following: Applications re securities firm 256. (1) In addition to any creditor who may file an application in accordance with sections 43 to 45, an application for a bankruptcy order against a securities firm may be filed by (a) a securities commission established under an enactment of a province, if (i) the securities firm has committed an act of bankruptcy referred to in section 42 or subsection (2) of this section within the six months before the filing of the application and while the securities firm was licensed or registered by the securities commission to carry on business in Canada, and (ii) in the case in which the act of bankruptcy was that referred to in subsection (2), the suspension referred to in that subsection is in effect when the application is filed; (b) a securities exchange recognized by a provincial securities commission, if (i) the securities firm has committed an act of bankruptcy referred to in section 42 or subsection (2) of this section within the six months before the filing of the application and while the securities firm was a member of the securities exchange, and Harmonisation no 2 du dro (ii) in the case in which the act of bankruptcy was that referred to in subsection (2), the suspension referred to in that subsection is in effect when the application is filed; (c) a customer compensation body, if (i) the securities firm has committed an act of bankruptcy referred to in section 42 or subsection (2) of this section within the six months before the filing of the application and while the securities firm had customers whose securities accounts were protected, in whole or in part, by the customer compensation body, and (ii) in the case in which the act of bankruptcy was that referred to in subsection (2), the suspension referred to in that subsection is in effect when the application is filed; and (d) a person who, in respect of property of a securities firm, is a receiver, receiver-manager, liquidator or other person with similar functions appointed under a federal or provincial enactment relating to securities that provides for the appointment of that other person, if the securities firm has committed an act of bankruptcy referred to in section 42 within the six months before the filing of the application. 1997, c. 12, s. 118(1) Service on securities commission (2) Subsection 256(3) of the Act is replaced by the following: (3) If (a) a securities exchange files an application under paragraph (1)(b), or (b) a customer compensation body files an application under paragraph (1)(c), a copy of the application must be served on the securities commission, if any, having jurisdiction in the locality of the securities firm where the application was filed, before (c) any prescribed interval preceding the hearing of the application, or (d) any shorter interval that may be fixed by the court and that precedes the hearing of the application. C. 25 1997, c. 12, s. 118(1) 100. (1) Paragraph 259(a) of the French version of the Act is replaced by the following: Federal Law–Civil Law a) agir comme fondé de pouvoir à l’égard des titres qui lui sont dévolus et les transférer; 1997, c. 12, s. 118(1) (2) Paragraph 259(d) of the English version of the Act is replaced by the following: (d) discharge any security on securities vested in the trustee; 1997, c. 12, s. 118(1) 101. Clause 261(2)(a)(ii)(B) of the French version of the Act is replaced by the following: (B) les sommes obtenues par la disposition des valeurs mobilières visées au sous-alinéa (i), 1997, c. 12, s. 118(1) 102. (1) Subsection 268(2) of the Act is replaced by the following: Limitation on trustee’s authority (2) If a foreign proceeding has been commenced and a bankruptcy order or assignment is made under this Act in respect of a debtor, the court may, on application and on any terms that it considers appropriate, limit the property to which the authority of the trustee extends to the property of the debtor situated in Canada and to any property of the debtor outside Canada that the court considers can be effectively administered by the trustee. 1997, c. 12, s. 118(1) (2) Subsection 268(5) of the French version of the Act is replaced by the following: Application de règles (5) La présente partie n’a pas pour effet d’empêcher le tribunal d’appliquer, sur demande faite par le représentant étranger ou tout autre intéressé, des règles de droit ou d’equity relatives à la reconnaissance des ordonnances étrangères en matière d’insolvabilité et à l’assistance au représentant étranger, qui ne sont pas incompatibles avec les dispositions de la présente loi. 1997, c. 12, s. 118(1) 103. The portion of section 274 of the Act before paragraph (a) is replaced by the following: Credit for recovery in other jurisdictions 274. If any bankruptcy order, proposal or assignment is made in respect of a debtor under this Act, R.S., c. C-2; 2001, c. 34, s. 14(E) Harmonisation no 2 du dro CANADA COUNCIL FOR THE ARTS ACT 104. Subsection 17(2) of the French version of the Canada Council for the Arts Act is replaced by the following: Produit des placements (2) Le produit de la vente ou de toute autre forme de disposition des placements effectués avec de l’argent provenant de la Caisse de dotation ou du Fonds d’assistance financière aux universités est porté au crédit de la Caisse ou du Fonds, selon le cas. 2001, c. 4, s. 66(F) 105. Section 18 of the French version of the Act is replaced by the following: Dons, legs, etc. 18. Le Conseil peut, par don, legs ou autrement, acquérir des biens, notamment sous forme d’argent ou de valeurs mobilières, et, malgré toute disposition contraire de la présente loi, employer ou gérer la partie de ces biens non affectée à la Caisse de dotation ou au Fonds d’assistance financière aux universités, ou en disposer, pourvu qu’il respecte les conditions dont est assortie l’acquisition. R.S., c. G-10 CANADA GRAIN ACT 106. Sections 7 and 8 of the Canada Grain Act are replaced by the following: Outside interest 7. A person is not eligible to be appointed or, subject to section 8, to continue as a commissioner if, directly or indirectly, as owner, shareholder, director, officer, partner or otherwise, that person is engaged in commercial dealings in grain or the carriage of grain or has any pecuniary or other interest in grain or the carriage of grain, other than as a producer of grain. C. 25 Disposing of property 8. Any commissioner in whom any property giving rise to an interest prohibited under section 7 vests by will or succession for the commissioner’s own benefit shall, within six months after the vesting, dispose of that property. Federal Law–Civil Law 107. (1) Paragraph 76(1)(a) of the Act is replaced by the following: (a) the operator of the elevator shall, without delay, inform the Commission, the principal inspector at the nearest inspection point and, if the grain is specially binned, the persons having an interest or right in the grain; (2) Subsection 76(3) of the English version of the Act is replaced by the following: Costs of treatment, etc. (3) If, under a direction given under subsection (1), grain referred to in an elevator receipt indicating special binning issued by the operator of a licensed terminal elevator or licensed transfer elevator has been treated, shipped or otherwise disposed of, the costs incurred by the operator of the elevator in complying with the direction are recoverable from the persons having an interest or right in the grain in proportion to their respective interests or rights. 108. Subsection 81(3) of the Act is replaced by the following: Commission contracts (3) No licensed grain dealer who acts for any person on a commission basis in relation to the purchase or sale of western grain by a grade name shall, except with the consent of that person, buy, sell or have any interest or right, directly or indirectly beyond the dealer’s agreed commission in the purchase or sale of the grain. 109. Section 108 of the English version of the Act is replaced by the following: Offence by manager, employee, agent or mandatary 108. (1) Any manager of an elevator, or any other employee, or agent or mandatary, of the operator or licensee of an elevator, who does any act or thing directed to the commission of an offence under this Act by the operator or licensee of the elevator is a party to and guilty of the offence. 2004 Party to offence Harmonisation no 2 du dro (2) Any employee, or agent or mandatary, of a licensed grain dealer who does any act or thing directed to the commission of an offence under this Act by the licensed grain dealer is a party to and guilty of the offence. 110. Section 112 of the Act is replaced by the following: Restriction on creation of charge, interest or right R.S., c. C-8 112. Despite anything in the Bank Act, no charge on or interest or right in grain referred to in an elevator receipt that affects the interest or right of the holder of the receipt may be created by the holder, or by the operator of a licensed elevator who issued the receipt, other than by the endorsement or delivery of the receipt to the person in whose favour the charge, interest or right is created. CANADA PENSION PLAN 111. The definition “representative” in subsection 2(1) of the Canada Pension Plan is replaced by the following: “representative” « représentant » “representative” means, in respect of any person, a guardian, curator, committee, executor, liquidator of a succession, administrator or other legal representative of that person; R.S., c. 6 (1st Supp.), s. 2 112. Subsection 21.1(1) of the English version of the Act is replaced by the following: Liability 21.1 (1) If an employer who fails to deduct or remit an amount as and when required under subsection 21(1) is a corporation, the persons who were the directors of the corporation at the time when the failure occurred are jointly and severally or solidarily liable, together with the corporation, to pay to Her Majesty that amount and any interest or penalties relating to it. R.S., c. 5 (2nd Supp.), s. 1(2) 113. The portion of subsection 23(5) of the Act before paragraph (a) is replaced by the following: Certificate before distribution (5) Every person, other than a trustee in bankruptcy, who is an assignee, liquidator, receiver, receiver-manager, administrator, executor, liquidator of a succession or any other like person, in this section referred to as the “responsible representative”, administering, winding-up, controlling or otherwise dealing C. 25 Federal Law–Civil Law with a property, business or estate of another person, before distributing to one or more persons any property over which he or she has control in his or her capacity as the responsible representative, shall obtain a certificate from the Minister certifying that all amounts R.S., c. W-9; 1994, c. 23, s. 2(F) CANADA WILDLIFE ACT 1994, c. 23, s. 4(2) 114. The definition “terres domaniales” in subsection 2(1) of the French version of the Canada Wildlife Act is replaced by the following: « terres domaniales » “public lands” « terres domaniales » Terres appartenant à Sa Majesté du chef du Canada ou dont le gouvernement fédéral peut disposer, sous réserve de tout accord qu’il a conclu avec le gouvernement de la province où elles sont situées. La présente définition s’applique aussi aux ressources naturelles des terres ainsi qu’aux étendues d’eau qui s’y trouvent ou les traversent, de même qu’aux eaux intérieures et à la mer territoriale du Canada 115. (1) The portion of subsection 9(1) of the Act before paragraph (a) is replaced by the following: Acquisition of Lands 9. (1) The Governor in Council may authorize the Minister to lease any lands, or purchase or acquire any lands or any interests or rights in any lands, for the purpose of research, conservation and interpretation in respect of 1994, c. 23, s. 11(2)(F) (2) Subsections 9(2) and (3) of the Act are replaced by the following: Restrictions (2) Lands or interests or rights in lands purchased or acquired under subsection (1) shall not be disposed of, and no person shall use or occupy the lands, except under the authority of this Act or the regulations. Disposition or lease of lands (3) The Minister may authorize the disposition or lease of lands purchased or acquired under subsection (1) if, in the opinion of the Governor in Council, the disposition or lease is compatible with wildlife research, conservation and interpretation. Harmonisation no 2 du dro 1994, c. 23, s. 12(F) 116. Section 10 of the French version of the Act is replaced by the following: Dons, legs, etc. 10. Le ministre emploie ou gère les biens — notamment l’argent ou les valeurs mobilières — acquis par Sa Majesté par don, legs ou autrement et destinés aux espèces sauvages ou en dispose et ce, dans le respect des conditions dont est éventuellement assortie leur acquisition. 1994, c. 23, s. 13 117. Subsection 11.3(3) of the French version of the Act is replaced by the following: Biens périssables (3) L’agent de la faune peut disposer des objets saisis périssables ou les détruire; le produit de la disposition est soit remis à leur propriétaire légitime ou à la personne qui a légitimement droit à leur possession, soit, lorsque des poursuites fondées sur la présente loi ont été intentées dans les quatre-vingt-dix jours suivant la saisie, retenu par lui jusqu’au règlement de l’affaire. 1994, c. 23, s. 13; 2001, c. 4, s. 128(E) 118. Section 11.5 of the French version of the Act is replaced by the following: Frais 11.5 Le propriétaire légitime et toute personne ayant légitimement droit à la possession des objets saisis, abandonnés ou confisqués au titre de la présente loi sont solidairement responsables des frais — liés à la visite, à l’abandon, à la saisie, à la confiscation ou à la disposition — supportés par Sa Majesté lorsque ceux-ci excèdent le produit de leur disposition. 1994, c. 23, s. 15 119. Paragraph 16(h) of the English version of the Act is replaced by the following: (h) directing the person to post a bond or provide a suretyship or pay into court an amount of money that the court considers appropriate for the purpose of ensuring compliance with any prohibition, direction or requirement under this section. R.S., c. 1 (2nd Supp.) CUSTOMS ACT 1992, c. 28, s. 4(1) 120. Subsection 17(3) of the English version of the Customs Act is replaced by the following: C. 25 Liability (3) Whenever the importer of the goods that have been released or any person authorized under paragraph 32(6)(a) or subsection 32(7) to account for goods becomes liable under this Act to pay duties on those goods, the owner of the goods at the time of release becomes jointly and severally, or solidarily, liable, with the importer or person authorized, to pay the duties. Federal Law–Civil Law 121. Subsection 38(1) of the English version of the Act is replaced by the following: Risk and storage charges 38. (1) Goods that are deposited in a place of safe-keeping under section 37 shall be kept there at the risk of the owner and importer of those goods, and the owner and importer are jointly and severally, or solidarily, liable for any storage charges that may be prescribed and any expenses incurred in moving the goods from the customs office, sufferance warehouse, bonded warehouse or duty free shop to the place of safekeeping. 122. Subsection 39(2) of the English version of the Act is replaced by the following: Expenses of disposal (2) The importer of goods that are forfeit under subsection (1) and the owner of those goods at the time of forfeiture are jointly and severally, or solidarily, liable for all reasonable expenses incurred by Her Majesty in right of Canada in the disposal of the goods if they are disposed of otherwise than by sale. R.S., c. D-1 DEFENCE PRODUCTION ACT 123. The definition “vente” in section 2 of the French version of the Defence Production Act is replaced by the following: « vente » “sale” « vente » Y sont assimilées la consignation ou toute autre forme de disposition de choses, ainsi que la fourniture de services. 124. Section 15 of the French version of the Act is replaced by the following: Accumulation de stocks 15. Le ministre peut, au nom de Sa Majesté et sous réserve des autres dispositions de la présente loi, acquérir, entreposer, conserver ou transporter les matières ou substances que le gouverneur en conseil désigne comme indis2004 Harmonisation no 2 du dro pensables aux besoins de la collectivité et dont il est opportun de maintenir des stocks afin d’en prévenir la pénurie, ou en disposer, notamment par vente ou échange. 125. (1) Paragraph 16(a) of the French version of the Act is replaced by the following: a) acheter ou acquérir par tout autre moyen, utiliser, entreposer ou transporter du matériel de défense, ou en disposer, notamment par vente ou échange; (2) Paragraph 16(c) of the French version of the Act is replaced by the following: c) construire ou acquérir des ouvrages de défense, ou en disposer, notamment par vente ou échange; (3) Paragraph 16(e) of the Act is replaced by the following: (e) purchase or otherwise acquire, sell, exchange or otherwise dispose of real or personal property or any interest in real or personal property, or an immovable or a movable or any right in an immovable or a movable, that, in the opinion of the Minister, is or is likely to be necessary or desirable for any of the purposes mentioned in paragraph (a), (b) or (c); (4) Paragraph 16(g) of the French version of the Act is replaced by the following: g) prendre toute autre mesure qu’il juge accessoire, nécessaire ou utile aux matières visées au présent article ou que le gouverneur en conseil peut autoriser en ce qui a trait à la fourniture, la construction ou la disposition de matériel de défense ou d’ouvrages de défense. 126. (1) Paragraph 19(1)(a) of the Act is replaced by the following: (a) received by the Receiver General from the disposition by the Minister of materials, substances or defence supplies referred to in paragraph 17(a); (2) Subsection 19(2) of the French version of the Act is replaced by the following: C. 25 Non-imputation des pertes au compte des dépenses sans affectation (2) Les pertes subies à l’égard de l’acquisition et de la disposition subséquente de matériel de défense, ou en raison d’un prêt ou d’une avance ou pour tout autre motif ne peuvent être portées au crédit du compte des dépenses faites sous le régime de l’article 17 ou du paragraphe 18(1) que si le Parlement affecte des crédits à cette fin. Federal Law–Civil Law 127. Paragraph 20(b) of the French version of the Act is replaced by the following: b) sous réserve de toute stipulation au contrat, Sa Majesté ou le gouvernement associé à qui appartiennent les fournitures ou la construction peuvent les transférer ou en disposer, notamment par vente. 128. Section 21 of the Act is replaced by the following: Premature rescission, resolution or termination of contract 21. No person is entitled to damages, compensation or other allowance for loss of profit, direct or indirect, arising out of the rescission, resolution or termination of a defence contract at any time before it is fully performed if it is rescinded, resolved or terminated under a power contained in the contract or under a power conferred by or under an Act of Parliament. 129. Subsection 25(2) of the French version of the Act is replaced by the following: Cautionnement (2) Lorsqu’un intéressé a, sous le régime du présent article, interjeté appel d’un arrêté ou ordre formulé par le ministre, un juge de la Cour fédérale peut, sur demande faite au nom du ministre, ordonner à l’intéressé de fournir un cautionnement, acceptable au tribunal, pour le paiement du montant exigible en vertu de l’arrêté ou de l’ordre ou de la partie de ce montant qu’il estime appropriée, s’il lui apparaît que l’appelant possède les biens voulus pour payer, en tout ou en partie, la somme que l’arrêté ou l’ordre l’astreint à verser mais qu’il est possible que ceux-ci soient convertis ou qu’il en soit disposé avant l’issue de l’appel de sorte que l’appelant n’ait plus les biens voulus pour acquitter toute somme due en conséquence de l’appel. Harmonisation no 2 du dro 2000, c. 31, s. 5 130. Section 46 of the English version of the Act is replaced by the following: Officers, etc., of corporation 46. An officer or a director, or an agent or a mandatary, of a corporation that commits an offence under this Act is liable to be convicted of the offence if he or she directed, authorized, assented to, acquiesced in or participated in the commission of the offence, whether or not the corporation has been prosecuted or convicted. 1995, c. 1 DEPARTMENT OF INDUSTRY ACT 1999, c. 31, s. 72 131. (1) Subsection 11(1) of the Department of Industry Act is replaced by the following: Obligation to register 11. (1) The Registrar General of Canada shall register all documents issued under the Great Seal or requiring registration. (2) Subsection 11(3) of the Act is replaced by the following: Powers (3) A Deputy Registrar General may sign and certify the registration of all documents required to be registered and all copies of those documents or of any records in the custody of the Registrar General that are required to be certified or authenticated as being copies of any such documents or records. 2001, c. 4, s. 73 132. Section 12 of the Act is replaced by the following: Special statutory references 12. If, in any special Act of Parliament enacted before December 21, 1967, any person is required to file or register any document or record, or a copy of any document or record, or any notice, in the office or department of the Secretary of State, the filing or registration required shall be made with the Registrar General unless the Governor in Council by order designates another office or department for the filing or registration. 1996, c. 23 EMPLOYMENT INSURANCE ACT 1999, c. 31, s. 77(1)(F) 133. Subsection 46.1(1) of the English version of the Employment Insurance Act is replaced by the following: C. 25 Liability of directors to pay penalties 46.1 (1) If a penalty is imposed on a corporation under section 38 or 39 for an act or omission, the directors of the corporation at the time of the act or omission are, subject to subsections (2) to (7), jointly and severally, or solidarily, liable, together with the corporation, to pay the amount of the penalty. Federal Law–Civil Law 134. Subsection 83(1) of the English version of the Act is replaced by the following: Liability of directors 83. (1) If an employer who fails to deduct or remit an amount as and when required under subsection 82(1) is a corporation, the persons who were the directors of the corporation at the time when the failure occurred are jointly and severally, or solidarily, liable, together with the corporation, to pay Her Majesty that amount and any related interest or penalties. R.S., c. E-9 ENERGY SUPPLIES EMERGENCY ACT 135. Subsection 5(2) of the Energy Supplies Emergency Act is replaced by the following: Technical assistance (2) The Board may engage on a temporary basis the services of persons having technical or specialized knowledge to act as agents or mandataries of the Board in administering the allocation of any controlled product and to advise and assist the Board in carrying out its duties under this Act; and, with the approval of the Treasury Board, the Board may fix and pay the remuneration and expenses of those persons. 136. Paragraph 25(1)(f) of the English version of the Act is replaced by the following: (f) respecting the keeping of accounts relating to the sales and purchases of any controlled product by suppliers and wholesale customers, and the making of those accounts available to the Board and its agents or mandataries; 137. Paragraph 30(i) of the English version of the Act is replaced by the following: Harmonisation no 2 du dro (i) respecting the keeping of accounts relating to sales and purchases of any controlled product and the making of those accounts available to the Board and its agents or mandataries; R.S., c. E-14 EXCISE ACT 1995, c. 36, s. 13 138. (1) Subsection 88.2(1) of the English version of the Excise Act is replaced by the following: Person who claims interest in things seized 88.2 (1) If a horse, vehicle, vessel or other appliance has been seized as forfeited under this Act, any person, other than the person accused of an offence resulting in the seizure or person in whose possession the horse, vehicle, vessel or other appliance was seized, who claims an interest in the horse, vehicle, vessel or other appliance as owner, mortgagee, hypothecary creditor or holder of a lien or other like interest may, within thirty days after the seizure, apply to any judge of any superior court of a province or to a judge of the Federal Court for an order declaring the claimant’s interest. 1995, c. 36, s. 13 (2) Paragraph 88.2(2)(b) of the English version of the Act is replaced by the following: (b) that the claimant exercised all reasonable care in respect of the person permitted to obtain the possession of the horse, vehicle, vessel or other appliance to satisfy the claimant that it was not likely to be used contrary to this Act or, if a mortgagee, hypothecary creditor or holder of a lien or other like interest, that before becoming the mortgagee, hypothecary creditor or holder of the lien or other interest the claimant exercised such care with respect to the mortgagor, hypothecary debtor or person from whom the lien or interest was acquired, R.S., c. E-17 1993, c. 32, s. 11 EXPLOSIVES ACT 139. The portion of subsection 21(1) of the English version of the Explosives Act before paragraph (a) is replaced by the following: C. 25 Possession, sale, manufacture, importation or delivery of explosive 21. (1) Except as authorized by or under this Act, every person who, personally or by an agent or a mandatary, is in possession of, sells, offers for sale, makes, manufactures, imports or delivers any explosive is guilty of an offence punishable on summary conviction and is liable Federal Law–Civil Law R.S., c. F-4; 1993, c. 3, s. 2 FARM PRODUCTS AGENCIES ACT 2001, c. 4, s. 82 140. (1) Paragraph 22(1)(h) of the French version of the Farm Products Agencies Act is replaced by the following: h) procéder à toutes opérations sur un immeuble ou bien réel, notamment l’acheter, le prendre à bail ou l’acquérir d’autre façon, le détenir, le grever d’une hypothèque ou le vendre; (2) Paragraph 22(1)(i) of the English version of the Act is replaced by the following: (i) establish branches or employ agents or mandataries in Canada or elsewhere; 141. Subsection 37(2) of the Act is replaced by the following: Offence by employee, etc. (2) In any prosecution for an offence under this section, it is sufficient proof of the offence to establish that it was committed by an employee, or an agent or a mandatary, of the accused whether or not the employee, or agent or mandatary, is identified or has been prosecuted for the offence, unless the accused establishes that the offence was committed without knowledge or consent of the accused and that the accused exercised all due diligence to prevent its commission. 2001, c. 4, s. 83 142. (1) Paragraph 42(1)(h) of the French version of the Act is replaced by the following: h) procéder à toutes opérations sur un immeuble ou bien réel, notamment l’acheter, le prendre à bail ou l’acquérir d’autre façon, le détenir, le grever d’une hypothèque ou le vendre; 1993, c. 3, s. 12 (2) Paragraph 42(1)(i) of the English version of the Act is replaced by the following: (i) establish branches or employ agents or mandataries in Canada or elsewhere; Harmonisation no 2 du dro 1996, c. 9 LAW COMMISSION OF CANADA ACT 2001, c. 4, s. 98(F) 143. Paragraph 4(e) of the French version of the Law Commission of Canada Act is replaced by the following: e) acquérir, par don, legs ou autrement, des biens, notamment sous forme d’argent ou de valeurs mobilières, et les détenir, employer, investir ou gérer, ou en disposer, pourvu qu’elle respecte les conditions dont est éventuellement assortie leur acquisition; 1980-81-82-83, c. 85 AN ACT TO INCORPORATE THE JULES AND PAUL-ÉMILE LÉGER FOUNDATION 144. Paragraph 16(1)(b) of An Act to incorporate the Jules and Paul-Émile Léger Foundation is replaced by the following: (b) providing for the appointment, the remuneration and expenses and the functions and duties of the officers and employees, and agents or mandataries, of the Foundation; 145. Section 21 of the Act is replaced by the following: Income revenues and profits R.S., c. N-3 2001, c. 4, s. 101 21. Subject to any by-law of the Foundation providing for the remuneration of officers and employees, and agents or mandataries, of the Foundation, any profits or accretions to the value of the property of the Foundation shall be used to further the activities of the Foundation, and no part of the property or profits of the Foundation may be distributed, directly or indirectly, to any member of the Foundation. NATIONAL ARTS CENTRE ACT 146. Paragraph 10(b) of the French version of the National Arts Centre Act is replaced by the following: b) acquérir, par don ou legs, des meubles et des immeubles et des biens personnels et réels et, malgré toute disposition contraire de la présente loi, les employer, les gérer ou en disposer, pourvu qu’elle respecte les conditions dont est assortie leur acquisition; C. 25 Federal Law–Civil Law R.S., c. N-7 NATIONAL ENERGY BOARD ACT 1996, c. 10, s. 237 147. (1) The definitions “lands” and “pipeline” in section 2 of the National Energy Board Act are replaced by the following: “lands” « terrains » “pipeline” « pipeline » 1996, c. 31, s. 90 “lands” means lands the acquiring, taking or using of which is authorized by this Act or a Special Act, and includes real property and any interest or right in real property or land and, in the Province of Quebec, any immovable, any right in an immovable and the right of a lessee in respect of any immovable. Those interests and rights may be in, to, on, under, over or in respect of those lands; “pipeline” means a line that is used or to be used for the transmission of oil, gas or any other commodity and that connects a province with any other province or provinces or extends beyond the limits of a province or the offshore area as defined in section 123, and includes all branches, extensions, tanks, reservoirs, storage facilities, pumps, racks, compressors, loading facilities, interstation systems of communication by telephone, telegraph or radio and real and personal property, or immovable and movable, and works connected to them, but does not include a sewer or water pipeline that is used or proposed to be used solely for municipal purposes; (2) Clause (b)(ii)(B) of the definition “exportation” in section 2 of the French version of the Act is replaced by the following: (B) ou bien, vers l’extérieur du Canada, à partir d’une terre appartenant à Sa Majesté du chef du Canada ou dont celle-ci a le droit d’exploiter les ressources naturelles ou d’en disposer, et située dans les zones sous-marines hors provinces et faisant partie des eaux intérieures, de la mer territoriale ou du plateau continental du Canada; 148. Subsection 34(4) of the English version of the Act is replaced by the following: 2004 Opposition by persons adversely affected Harmonisation no 2 du dro (4) A person who anticipates that their lands may be adversely affected by the proposed detailed route of a pipeline, other than an owner of lands referred to in subsection (3), may oppose the proposed detailed route by filing with the Board within thirty days following the last publication of the notice referred to in subsection (1) a written statement setting out the nature of that person’s interest and the grounds for the opposition to the proposed detailed route of the pipeline. 149. Section 42 of the Act is replaced by the following: Error as to names 42. A pipeline may be made, carried or placed across, on or under the lands of a person on the located line, although, through error or any other cause, the name of that person has not been entered in the book of reference, or although some other person is erroneously mentioned as the owner or holder of an interest or right in the lands. 1994, c. 10, s. 25 150. Section 51 of the English version of the Act is replaced by the following: Assistance to officers 51. Any officer or employee, or agent or mandatary, of a company and any person conducting an excavation activity or constructing a facility described in paragraph 49(2)(a) shall give an inspection officer all reasonable assistance to enable the officer to carry out duties under this Part. 151. Paragraph 58(1)(b) of the Act is replaced by the following: (b) any tanks, reservoirs, storage facilities, pumps, racks, compressors, loading facilities, interstation systems of communication by telephone, telegraph or radio, and real and personal property, or immovable and movable, and works connected to them, that the Board considers proper, 1990, c. 7, s. 23 152. Subsection 58.25(2) of the Act is replaced by the following: Liability (2) An applicant for or holder of a permit or certificate who files an election under section 58.23 and who, at the time of the election, is proceeding under the laws of a province to C. 25 Federal Law–Civil Law acquire land for the purpose of constructing or operating the international power line is liable to each person who has an interest in the land or, in the Province of Quebec, a right in the land, for all damages suffered and reasonable costs incurred in consequence of the abandonment of the acquisition. 153. The portion of subsection 69(1) of the English version of the Act before paragraph (a) is replaced by the following: No rebates, etc. 69. (1) A company or shipper or an officer or an employee, or an agent or a mandatary, of the company or shipper who 154. Paragraph 73(b) of the Act is replaced by the following: (b) purchase, take and hold of and from any person any land or other property necessary for the construction, maintenance and operation of its pipeline and sell or otherwise dispose of any of its land or property that for any reason has become unnecessary for the purpose of the pipeline; 155. (1) Paragraph 74(1)(a) of the Act is replaced by the following: (a) sell, transfer or lease to any person its pipeline, in whole or in part; (2) Subsection 74(3) of the Act is replaced by the following: Exception (3) Despite paragraph (1)(a), leave shall only be required if a company sells, transfers or leases any part or parts of its pipeline that are capable of being operated as a line for the transmission of gas or oil. 156. Subsection 77(2) of the English version of the Act is replaced by the following: Consent (2) A company may, with the consent of the Governor in Council and on such terms as the Governor in Council may prescribe, take and appropriate, for the use of its pipeline and works, so much of the lands of Her Majesty lying on the route of the line that have not been granted, conceded or sold, as is necessary for the pipeline, and also so much of the public beach, or bed of a lake, river or stream, or of the Harmonisation no 2 du dro lands so vested covered with the waters of a lake, river or stream as is necessary for making, completing and using its pipeline and works. 157. Section 80 of the Act is replaced by the following: Right to minerals 80. A company is not, unless they have been expressly purchased, entitled to mines, ores, metals, coal, slate, oil, gas or other minerals in or under lands purchased by it, or taken by it under compulsory powers given to it by this Act, except only the parts of them that are necessary to be dug, carried away or used in the construction of the works, and, except as provided in this section, all those mines and minerals shall be deemed to be excepted from the transfer of the lands, unless they have been expressly included in the transfer documents. 158. Subsection 87(2) of the English version of the Act is replaced by the following: Agreement void or null (2) If a land acquisition agreement referred to in section 86 is entered into with an owner of lands before a notice is served on the owner under this section, that agreement is void or, in the province of Quebec, null. 159. Paragraph 97(1)(g) of the Act is replaced by the following: (g) loss of or damage to livestock or other personal property or movable affected by the operations of the company; 160. Paragraph 106(a) of the Act is replaced by the following: (a) shall be deemed to vest in the company any title, interest or right in the lands in respect of which the order is granted that is specified in the order; and 161. The portion of section 111 of the Act before paragraph (b) is replaced by the following: If pipeline affixed to any real property or immovables 111. Despite this Act or any other general or Special Act or law to the contrary, if the pipeline of a company or any part of that pipeline has been affixed to any real property or immovable in accordance with leave obtained from the C. 25 Federal Law–Civil Law appropriate authority as provided in subsection 108(2) or (6) or without leave under subsection 108(5), (a) the pipeline or that part of it remains subject to the rights of the company and remains the property of the company as fully as it was before being so affixed and does not become part of the real property or immovable of any person other than the company unless otherwise agreed by the company in writing and unless notice of the agreement in writing has been filed with the Secretary; and 162. (1) Subsection 121(2) of the English version of the Act is replaced by the following: Officers, etc., of corporation (2) If a corporation commits an offence under this Part, any officer or director, or agent or mandatary, of the corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to and guilty of the offence and is liable on conviction to the punishment provided for the offence whether or not the corporation has been prosecuted or convicted. (2) Subsection 121(3) of the Act is replaced by the following: Proof of offence (3) In any prosecution for an offence under this Part, it is sufficient proof of the offence to show that it was committed by an employee, or an agent or a mandatary, of the accused, whether or not the employee, or agent or mandatary, is identified or has been prosecuted for the offence, unless the accused establishes that the offence was committed without the knowledge or consent of the accused and that the accused exercised all due diligence to prevent its commission. 1996, c. 31, s. 91 163. The definition “zone extracôtière” in section 123 of the French version of the Act is replaced by the following: « zone extracôtière » “offshore area” « zone extracôtière » L’île de Sable ou toute étendue de terre, hors des limites d’une province, qui appartient à Sa Majesté du chef du Canada ou dont celle-ci a le droit d’exploiter les ressources naturelles ou d’en disposer et qui Harmonisation no 2 du dro est située dans les zones sous-marines faisant partie des eaux intérieures, de la mer territoriale ou du plateau continental du Canada. 164. The portion of paragraph 129(1)(d) of the French version of the Act before subparagraph (i) is replaced by the following: d) obliger les personnes suivantes à tenir et mettre à sa disposition à leur établissement situé au Canada, pour examen par lui-même ou par une personne autorisée par lui à cet effet, tels documents, notamment registres ou livres de compte, en la forme fixée par le règlement, ainsi qu’à lui transmettre, aux moments et selon les modalités prévus dans le règlement, des déclarations ou renseignements sur tels sujets — notamment capital, transport, recettes et dépenses — dont il juge la prise en considération nécessaire à l’exercice des fonctions et pouvoirs que la présente loi lui confère à leur égard : R.S., c. N-15 2001, c. 4, s. 109(F) NATIONAL RESEARCH COUNCIL ACT 165. Paragraph 5(1)(f) of the French version of the National Research Council Act is replaced by the following: f) acquérir, par don, legs ou autrement, des biens, notamment sous forme d’argent ou de valeurs mobilières, et les employer, les gérer ou en disposer, pourvu qu’il respecte les conditions dont est assortie leur acquisition; R.S., c. N-21 NATURAL SCIENCES AND ENGINEERING RESEARCH COUNCIL ACT 2001, c. 4, s. 110(F) 166. Section 16 of the French version of the Natural Sciences and Engineering Research Council Act is replaced by the following: Dons, legs, etc. 16. Le Conseil peut, par don, legs ou autrement, acquérir des biens, notamment sous forme d’argent ou de valeurs mobilières et, malgré toute disposition contraire de la présente loi, les employer, les gérer ou en disposer, pourvu qu’il respecte les conditions dont est assortie leur acquisition. 66 R.S., c. P-10; 2001, c. 4, s. 113(F) C. 25 Federal Law–Civil Law PESTICIDE RESIDUE COMPENSATION ACT 167. Subsection 5(2) of the French version of the Pesticide Residue Compensation Act is replaced by the following: Action en justice par le ministre (2) Le ministre peut exiger, comme condition de paiement de l’indemnité, de pouvoir exercer, au nom de l’indemnitaire, tout recours de ce dernier contre les personnes visées à l’alinéa (1)b). 168. The portion of section 10 of the English version of the Act before paragraph (a) is replaced by the following: Contravention of Act 10. Every person who, or whose employee, or whose agent or mandatary, contravenes any provision of this Act is guilty of 169. Section 11 of the English version of the Act is replaced by the following: Offence by employee, or agent or mandatary 11. In any prosecution for an offence under this Act, it is sufficient proof of the offence to establish that it was committed by an employee, or an agent or a mandatary, of the accused, whether or not the employee, or agent or mandatary, is identified or has been prosecuted for the offence, unless the accused establishes that the offence was committed without the accused’s knowledge or consent and that the accused exercised all due diligence to prevent its commission. R.S., c. S-12 SOCIAL SCIENCES AND HUMANITIES RESEARCH COUNCIL ACT 170. Subsection 12(1) of the French version of the Social Sciences and Humanities Research Council Act is replaced by the following: Comité des placements 12. (1) En cas d’acquisition par le Conseil, par don, legs ou autrement, de biens, notamment sous forme d’argent ou de valeurs mobilières, qu’il est tenu de gérer pourvu qu’il respecte les conditions dont est assortie leur acquisition, est constitué un comité des placements composé du président, d’un autre conseiller désigné par le Conseil et de trois autres personnes nommées par le gouverneur en conseil. Harmonisation no 2 du dro 2001, c. 4, s. 118(F) 171. Section 17 of the French version of the Act is replaced by the following: Dons, legs, etc. 17. Le Conseil peut, par don, legs ou autrement, acquérir des biens, notamment sous forme d’argent ou de valeurs mobilières et, malgré toute disposition contraire de la présente loi, les employer, les gérer ou en disposer, pourvu qu’il respecte les conditions dont est assortie leur acquisition. R.S., c. S-18 STATE IMMUNITY ACT 172. Section 8 of the State Immunity Act is replaced by the following: Property in Canada 8. A foreign state is not immune from the jurisdiction of a court in any proceedings that relate to an interest or, in the Province of Quebec, a right of the state in property that arises by way of succession, gift or bona vacantia. 173. Subsection 10(4) of the Act is replaced by the following: Application to set aside or revoke default judgment 1993, c. 38 (4) A foreign state may, within sixty days after service on it of a certified copy of a judgment under subsection (2), apply to have the judgment set aside or revoked. TELECOMMUNICATIONS ACT 174. The definition “person” in subsection 2(1) of the Telecommunications Act is replaced by the following: “person” « personne » “person” includes any individual, partnership, body corporate, unincorporated organization, government, government agency and any other person or entity that acts in the name of or for the benefit of another, including a trustee, executor, administrator, liquidator of the succession, guardian, curator or tutor; 175. Section 5 of the Act is replaced by the following: Application 5. A trustee, trustee in bankruptcy, receiver, sequestrator, manager, administrator of the property of another or any other person who, C. 25 Federal Law–Civil Law under the authority of any court, or any legal instrument or act, operates any transmission facility of a Canadian carrier is subject to this Act. 176. (1) Paragraph 22(1)(b) of the French version of the Act is replaced by the following: b) sur les circonstances dans lesquelles l’entreprise canadienne peut, pour maintenir son admissibilité, contrôler l’acquisition et la propriété de ses actions avec droit de vote, ainsi que limiter, suspendre ou refuser de reconnaître des droits de propriété à l’égard de celles-ci ou obliger ses actionnaires à en disposer, ainsi que sur les modalités afférentes à la prise de ces mesures; 1999, c. 31, s. 198(1)(F) (2) Paragraph 22(1)(f) of the English version of the Act is replaced by the following: (f) respecting the powers of a Canadian carrier to require disclosure of the beneficial ownership of its shares, the right of the carrier and its directors, officers and employees, and its agents or mandataries, to rely on any required disclosure and the effects of their reliance; (3) Paragraph 22(1)(h) of the English version of the Act is replaced by the following: (h) respecting the circumstances and manner in which the Commission and its members, officers or employees, or its agents or mandataries, or a Canadian carrier and its directors, officers and employees, and its agents or mandataries, may be protected from liability for actions taken by them in order to maintain the carrier’s eligibility; 177. Section 46 of the Act is replaced by the following: Expropriation by carrier 46. (1) If, in the opinion of a Canadian carrier, the taking or acquisition by the carrier of any land, an interest or, in the Province of Quebec, a right in any land without the consent of the owner is required for the purpose of providing telecommunications services to the Harmonisation no 2 du dro public, the carrier may, with the approval of the Commission, so advise the appropriate Minister in relation to Part I of the Expropriation Act. Copies of opinion (2) The Commission shall provide a copy of its approval to the Minister, to the appropriate Minister in relation to Part I of the Expropriation Act and to each owner of, or person having an interest or right in, the land. Interpretation (3) For the purposes of the Expropriation Act, if the appropriate Minister advised under subsection (1) is of the opinion that the land or the interest or right in land is required for the purpose of providing telecommunications services to the public, (a) the land or the interest or right in land is deemed to be, in the opinion of that Minister, required for a public work or other public purpose; (b) a reference to the Crown in that Act is deemed to be a reference to the Canadian carrier; and (c) the carrier is liable to pay any amounts required to be paid under subsection 10(9) and sections 25, 29 and 36 of that Act in respect of the land or the interest or right in land. Liability to Crown for expenses (4) The expenses incurred in carrying out any function of the Attorney General of Canada under the Expropriation Act in relation to any land or any interest or right in land referred to in subsection (3) constitute a debt due to Her Majesty in right of Canada by the Canadian carrier and are recoverable in a court of competent jurisdiction. 178. Subsection 66(1) of the Act is replaced by the following: Business documents 66. (1) In proceedings under this Act, a document purporting to have been issued by a Canadian carrier or by an agent or a mandatary of a Canadian carrier is admissible in evidence against the carrier without proof of the issuance of the document by the carrier or the authenticity of its contents. 1998, c. 8, s. 10 179. (1) Subsections 74.1(3) and (4) of the Act are replaced by the following: C. 25 Application by person claiming interest or right (3) Any person, other than a party to the proceedings that resulted in a forfeiture under subsection (1), who claims an interest or right in the apparatus as owner, mortgagee, hypothecary creditor, lien holder, holder of a prior claim or holder of any like interest or right may, within ninety days after the making of the order of forfeiture, apply to any superior court of competent jurisdiction for an order under subsection (6), in which case the court shall fix a day for the hearing of the application. Notice (4) The court may find the application abandoned if the applicant does not, at least thirty days before the day fixed for the hearing of the application, serve a notice of the application and of the hearing on the Minister and on all other persons claiming an interest or right in the apparatus that is the subject-matter of the application as owner, mortgagee, hypothecary creditor, lien holder, holder of a prior claim or holder of any like interest or right of whom the applicant has knowledge. 1998, c. 8, s. 10 (2) The portion of subsection 74.1(6) of the Act before paragraph (a) is replaced by the following: Order declaring nature and extent of interests or rights (6) An applicant or intervener is entitled to an order declaring that their interest or right is not affected by the forfeiture and declaring the nature and extent of their interest or right and the ranking of their interest or right in relation to other interests or rights recognized under this subsection, and the court may, in addition, order that the apparatus to which the interests or rights relate be delivered to one or more of the persons found to have an interest or right in the apparatus, or that an amount equal to the value of each of the interests or rights so declared be paid to the persons found to have those interests or rights, if, on the hearing of an application under this section, the court is satisfied that the applicant or intervener Federal Law–Civil Law Harmonisation no 2 du dro 2001, c. 4, s. 123 (3) Subsection 74.1(7) of the French version of the Act is replaced by the following: Frais (7) Les personnes déclarées coupables à l’égard des objets confisqués au titre du présent article sont solidairement responsables des frais — liés à la visite, à la saisie, à la confiscation ou à la disposition — supportés par Sa Majesté lorsqu’ils excèdent le produit de leur disposition. R.S., c. V-2 VISITING FORCES ACT 180. Paragraphs 6(2)(a) and (b) of the French version of the Visiting Forces Act are replaced by the following: a) soit les biens ou la sécurité de l’État désigné; b) soit la personne ou les biens d’un autre membre de cette force ou de quelqu’un qui est à la charge d’un autre membre de cette force; 181. Section 16 of the Act is replaced by the following: No proceedings lie where pension payable 16. No proceedings lie against the Crown by virtue of section 15, or against any member of a visiting force who is deemed a servant of the Crown under section 15, in respect of a claim by a member of a visiting force or a dependant, or by a person who acts in the name of and for the benefit of the member or their estate or succession, arising out of the death, or injury to the person, of the member, if compensation has been paid or is payable by a designated state, or out of any funds administered by an agency of a designated state, for the death or injury. C. 25 Federal Law–Civil Law PART 2 CONSEQUENTIAL AMENDMENTS R.S., c. C-49 ADVANCE PAYMENTS FOR CROPS ACT 1992, c. 27, par. 90(1)(j) 182. Paragraph 2(2)(c) of the Advance Crop Payments Act is replaced by the following: (c) any of the producer’s obligations under the agreement has not been discharged on the day on which the producer files an assignment under the Bankruptcy and Insolvency Act or a bankruptcy order under that Act is made against the producer; or 1997, c. 20 AGRICULTURAL MARKETING PROGRAMS ACT 183. Paragraph 21(1)(c) of the Agricultural Marketing Programs Act is replaced by the following: (c) has not met all of their obligations under the agreement when the producer files an assignment under the Bankruptcy and Insolvency Act or a bankruptcy order is made under that Act against the producer; 2002, c. 9, s. 5 AIR TRAVELLERS SECURITY CHARGE ACT 184. Paragraph 81(2)(c) of the Air Travellers Security Charge Act is replaced by the following: (c) the corporation has made an assignment or a bankruptcy order has been made against it under the Bankruptcy and Insolvency Act, and a claim for the amount of the corporation’s liability has been proved within six months after the date of the assignment or bankruptcy order. 1991, c. 46 BANK ACT 1992, c. 27, par. 90(1)(b) 185. (1) The portion of subsection 427(7) of the Bank Act before paragraph (a) is replaced by the following: Priority of wages and money owing for perishable (7) Despite subsection (2) and despite the fact that a notice of intention by a person giving security on property under this section has been 2004 agricultural products Harmonisation no 2 du dro registered under this section, if, under the Bankruptcy and Insolvency Act, a bankruptcy order is made against, or an assignment is made by, that person, (2) Subparagraph 427(7)(b)(ii) of the English version of the Act is replaced by the following: (ii) the amount determined by multiplying by one thousand one hundred dollars the most recent annual average Index Number of Farm Prices of Agricultural Products for Canada published by Statistics Canada at the time the bankruptcy order or claim is made, 2001, c. 9, s. 183 186. Paragraph 797(2)(c) of the Act is replaced by the following: (c) the bank holding company has made an assignment or a bankruptcy order has been made against it under the Bankruptcy and Insolvency Act and a claim for the debt has been proved within six months after the assignment or bankruptcy order. R.S., c. C-44; 1994, c. 24, s. 1(F) CANADA BUSINESS CORPORATIONS ACT 1992, c. 27, par. 90(1)(h) 187. Paragraph 119(2)(c) of the Canada Business Corporations Act is replaced by the following: (c) the corporation has made an assignment or a bankruptcy order has been made against it under the Bankruptcy and Insolvency Act and a claim for the debt has been proved within six months after the date of the assignment or bankruptcy order. 1998, c. 1 CANADA COOPERATIVES ACT 188. Paragraph 102(4)(c) of the Canada Cooperatives Act is replaced by the following: (c) the cooperative made an assignment or was made subject to a bankruptcy order under the Bankruptcy and Insolvency Act and a claim for the debt was proved no later than six months after the date of the assignment or bankruptcy order. 74 R.S.C. 1970, c. C-32 C. 25 Federal Law–Civil Law CANADA CORPORATIONS ACT 189. Paragraph 99(2)(b) of the Canada Corporations Act is replaced by the following: (b) the company has within that period gone into liquidation or has been ordered to be wound up under the Winding-up and Restructuring Act, or has made an authorized assignment under the Bankruptcy and Insolvency Act or a bankruptcy order under the Bankruptcy and Insolvency Act has been made against it and a claim for such debt has been duly filed and proved, R.S.C. 1970, c. 10 (1st Supp.), s. 20 190. Paragraph 129.2(c) of the Act is replaced by the following: (c) a company in respect of which a bankruptcy order has been made or an assignment has been filed under the Bankruptcy and Insolvency Act; 1994, c. 28 CANADA STUDENT FINANCIAL ASSISTANCE ACT 191. Clause 5(a)(viii)(A) of the Canada Student Financial Assistance Act is replaced by the following: (A) makes an assignment under the Bankruptcy and Insolvency Act that is filed and not cancelled, is deemed under that Act, by reason of circumstances occurring before that following month, to have made an assignment, or is the subject of a bankruptcy order made under that Act, R.S., c. C-21; 2001, c. 9, s. 218 CANADIAN PAYMENTS ACT 192. (1) Subsection 31(2) of the Canadian Payments Act is replaced by the following: Priority on insolvency (2) Despite any other Act of Parliament but subject to subsection (5) and to the rights of secured creditors with respect to any security interest in or charge on the property of a member, if a bankruptcy order is made against a Harmonisation no 2 du dro member or a winding-up order is made in respect of a member (hereinafter in this section referred to as an “insolvent member”) the items set out in paragraphs (a) and (b) shall be paid from the estate of the insolvent member, in priority to any other claim against the estate of the insolvent member, in the following order: (a) unpaid cheques or orders that had been drawn on the insolvent member and certified by such member prior to the making of the bankruptcy order or winding-up order; and (b) unpaid priority payment instruments drawn on the insolvent member and issued prior to the making of the bankruptcy order or winding-up order. (2) Subsection 31(4) of the Act is replaced by the following: Time limit (4) Despite subsection (2), no payment of an unpaid cheque, order or priority payment instrument shall be made under that subsection in priority to any other claim against the estate of an insolvent member unless a request for such payment is made within sixty days after the making of the bankruptcy order or windingup order. R.S., c. C-36 COMPANIES’ CREDITORS ARRANGEMENT ACT 1992, c. 27, par. 90(1)(f) 193. Paragraph (c) of the definition “debtor company” in section 2 of the Companies’ Creditors Arrangement Act is replaced by the following: (c) has made an authorized assignment or against which a bankruptcy order has been made under the Bankruptcy and Insolvency Act, or 1992, c. 27, par. 90(1)(f) 194. Paragraph 6(b) of the Act is replaced by the following: (b) in the case of a company that has made an authorized assignment or against which a bankruptcy order has been made under the Bankruptcy and Insolvency Act or is in the course of being wound up under the Windingup and Restructuring Act, on the trustee in bankruptcy or liquidator and contributories of the company. C. 25 1992, c. 27, par. 90(1)(f) 195. Subparagraph 12(2)(a)(ii) of the Act is replaced by the following: Federal Law–Civil Law (ii) in the case of a company that has made an authorized assignment or against which a bankruptcy order has been made under the Bankruptcy and Insolvency Act, proof of which has been made in accordance with that Act, or R.S., c. 1 (2nd Supp.) CUSTOMS ACT 2001, c. 25, s. 58(1) 196. Paragraph 97.36(1)(c) of the Customs Act is replaced by the following: (c) the property and money of the bankrupt immediately before the day of the bankruptcy does not pass to or vest in the trustee in bankruptcy on the bankruptcy order being made or the assignment in bankruptcy being filed but remains vested in the bankrupt; 1996, c. 23 EMPLOYMENT INSURANCE ACT 1999, c. 31, s. 77(2)(F) 197. Paragraph 46.1(2)(c) of the Employment Insurance Act is replaced by the following: (c) the corporation has made an assignment or a bankruptcy order has been made against it under the Bankruptcy and Insolvency Act and a claim for the amount of its liability has been proved within six months after the date of the assignment or bankruptcy order. 2002, c. 22 EXCISE ACT, 2001 198. Paragraph 295(2)(c) of the Excise Act, 2001 is replaced by the following: (c) the corporation has made an assignment or a bankruptcy order has been made against it under the Bankruptcy and Insolvency Act and a claim for the amount of the corporation’s liability has been proved within six months after the date of the assignment or bankruptcy order. Harmonisation no 2 du dro R.S., c. E-15 EXCISE TAX ACT 1993, c. 27, s. 121(6) 199. Paragraph 265(1)(c) of the Excise Tax Act is replaced by the following: (c) the property and money of the person immediately before the particular day shall be deemed not to pass to and be vested in the trustee in bankruptcy on the bankruptcy order being made or the assignment in bankruptcy being filed but to remain vested in the bankrupt; 1990, c. 45, s. 12(1); 1992, c. 27, par. 90(1)(p) 200. Paragraph 323(2)(c) of the Act is replaced by the following: (c) the corporation has made an assignment or a bankruptcy order has been made against it under the Bankruptcy and Insolvency Act and a claim for the amount of the corporation’s liability referred to in subsection (1) has been proved within six months after the date of the assignment or bankruptcy order. R.S., c. 1 (5th Supp.) INCOME TAX ACT 201. (1) Subparagraph 128(1)(c)(i) of the Income Tax Act is replaced by the following: (i) the property of the bankrupt did not pass to and vest in the trustee in bankruptcy on the bankruptcy order being made or the assignment filed but remained vested in the bankrupt, and (2) Subparagraph 128(2)(c)(i) of the Act is replaced by the following: (i) the property of the bankrupt did not pass to and vest in the trustee in bankruptcy on the bankruptcy order being made or the assignment filed but remained vested in the bankrupt, and 202. Paragraph 227.1(2)(c) of the Act is replaced by the following: (c) the corporation has made an assignment or a bankruptcy order has been made against it under the Bankruptcy and Insolvency Act and a claim for the amount of the corpora78 C. 25 Federal Law–Civil Law tion’s liability referred to in that subsection has been proved within six months after the date of the assignment or bankruptcy order. 1991, c. 47 2001, c. 9, s. 465 INSURANCE COMPANIES ACT 203. Paragraph 844(2)(c) of the Insurance Companies Act is replaced by the following: (c) the insurance holding company has made an assignment or a bankruptcy order has been made against it under the Bankruptcy and Insolvency Act and a claim for the debt has been proven within six months after the date of the assignment or bankruptcy order. R.S., c. P-18 PRAIRIE GRAIN ADVANCE PAYMENTS ACT 1992, c. 27, par. 90(1)(l) 204. Paragraph 17(1)(d) of the Prairie Grain Advance Payments Act is replaced by the following: (d) on the day on which an assignment is filed under the Bankruptcy and Insolvency Act by, or a bankruptcy order under that Act is made against, the recipient. PART 3 COORDINATING AMENDMENTS FEDERAL LAW–CIVIL LAW HARMONIZATION ACT, NO. 2 205. If section 46 of the Agricultural Marketing Programs Act, being chapter 20 of the Statutes of Canada, 1997, comes into force before section 204 of this Act, then, on the later of the day on which that section 46 comes into force and the day on which this Act receives royal assent, section 204 of this Act and the heading before it are repealed. 1991, c. 46 BANK ACT 206. (1) If subsection 47(1) of An Act to amend certain laws relating to financial institutions, being chapter 15 of the Statutes of Canada, 1997 (referred to in this section as the “other Act”), comes into force before Harmonisation no 2 du dro subsection 185(2) of this Act, then, on the later of the day on which that subsection 47(1) comes into force and the day on which this Act receives royal assent, subsection 185(2) of this Act is repealed. (2) If subsection 185(2) of this Act and subsection 47(1) of the other Act come into force on the same day, then, on that day, subparagraph 427(7)(b)(ii) of the Bank Act is replaced by the following: (ii) the prescribed amount R.S., c. G-10 CANADA GRAIN ACT 207. (1) In this section, “other Act” means An Act to amend the Canada Grain Act and the Agriculture and Agri-Food Administrative Monetary Penalties Act and to repeal the Grain Futures Act, being chapter 22 of the Statutes of Canada, 1998. (2) If section 108 of this Act comes into force before section 16 of the other Act, then, on the day on which that section 16 comes into force, subsection 81(2) of the Canada Grain Act is replaced by the following: Commission contracts (2) No licensed grain dealer or special crops dealer who acts for any person on a commission basis in relation to the purchase or sale of western grain by a grade name shall, except with the consent of that person, buy, sell or have any interest or right, directly or indirectly, beyond the dealer’s agreed commission in the purchase or sale of the grain. (3) If section 16 of the other Act comes into force before section 108 of this Act, then, on the day on which that section 16 comes into force or on the day on which this Act receives royal assent, whichever is later, section 108 of this Act is replaced by the following: 108. Subsection 81(2) of the Act is replaced by the following: C. 25 Commission contracts (2) No licensed grain dealer or special crops dealer who acts for any person on a commission basis in relation to the purchase or sale of western grain by a grade name shall, except with the consent of that person, buy, sell or have any interest or right, directly or indirectly, beyond the dealer’s agreed commission in the purchase or sale of the grain. Federal Law–Civil Law (4) If section 16 of the other Act and section 108 of this Act come into force on the same day, then, on that day, section 81 of the Canada Grain Act is replaced by the following: Requirement to issue grain receipt or cash purchase ticket 81. (1) With respect to the purchase of western grain from a producer of that grain, every licensed grain dealer or special crops dealer shall, at the prescribed time and in the prescribed manner, issue a grain receipt or cash purchase ticket stating the grade name, grade and dockage of the grain, and immediately provide it to the producer. Commission contracts (2) No licensed grain dealer or special crops dealer who acts for any person on a commission basis in relation to the purchase or sale of western grain by a grade name shall, except with the consent of that person, buy, sell or have any interest or right, directly or indirectly, beyond the dealer’s agreed commission in the purchase or sale of the grain. Prohibitions (3) No licensed grain dealer or special crops dealer shall (a) except with the permission of the Commission, enter into a contract relating to western grain that the dealer has reason to believe is infested or contaminated; or (b) enter into a contract that provides for the delivery of western grain to an elevator or a consignee if the grain is not lawfully receivable by the operator of the elevator or other consignee. Harmonisation no 2 du dro (5) On the later of the coming into force of section 109 of this Act and section 23 of the other Act, section 108 of the English version of the Canada Grain Act is replaced by the following: Offence or violation by manager, employee, agent or mandatary 108. (1) Any manager of an elevator, or any other employee, or agent or mandatary, of the operator or licensee of an elevator, who does any act or thing directed to the commission of an offence under this Act or a violation by the operator or licensee is a party to and guilty of the offence or violation, as the case may be. Offence or violation by employee, agent or mandatary (2) Any employee, or agent or mandatary, of a licensed grain dealer or special crops dealer who does any act or thing directed to the commission of an offence under this Act or a violation by the dealer is a party to and guilty of the offence or violation, as the case may be. R.S., c. E-17 EXPLOSIVES ACT 208. On the later of the coming into force of section 139 of this Act and section 45 of the Public Safety Act, 2002, the portion of subsection 21(1) of the English version of the Explosives Act before paragraph (a) is replaced by the following: Possession, etc. 21. (1) Except as authorized by or under this Act, every person who, personally or by an agent or a mandatary, acquires, is in possession of, sells, offers for sale, stores, uses, makes, manufactures, transports, imports, exports or delivers any explosive, or acquires, is in possession of, sells or offers for sale any restricted component, is guilty of an offence and is liable Published under authority of the Speaker of the House of Commons Available from: Publishing and Depository Services PWGSC, Ottawa, ON K1A 0S5 Also available on the Parliamentary Intern Aussi disponible sur le réseau électronique « Parliam http://www Available from: Publishing and Depository Services PWGSC, Ottawa, ON K1A 0S5

Third Session, Thirty-seventh Parliament, 52-53 Elizabeth II, 2004 STATUTES OF CANADA 2004 CHAPTER 19 An Act to change the names of certain electoral districts BILL C-20 ASSENTED TO 14th MAY, 2004 SUMMARY This enactment changes the names of 38 electoral districts as follows: Bonavista — Exploits to Bonavista — Gander — Grand Falls — Windsor St. John’s North to St. John’s East St. John’s South to St. John’s South — Mount Pearl North Nova to Cumberland — Colchester — Musquodoboit Valley Fundy to Fundy Royal St. Croix — Belleisle to New Brunswick Southwest Argenteuil — Mirabel to Argenteuil — Papineau — Mirabel Beauport to Beauport — Limoilou Charlesbourg to Charlesbourg — Haute-Saint-Charles Charlevoix — Montmorency to Montmorency — Charlevoix — Haute-CôteNord Laurier to Laurier — Sainte-Marie Longueuil to Longueuil — Pierre-Boucher Matapédia — Matane to Haute-Gaspésie — La Mitis — Matane — Matapédia Nunavik — Eeyou to Abitibi — Baie-James — Nunavik — Eeyou Portneuf to Portneuf — Jacques-Cartier Richelieu to Bas-Richelieu — Nicolet — Bécancour Rimouski — Témiscouata to Rimouski-Neigette — Témiscouata — Les Basques Rivière-du-Loup — Montmagny to Montmagny — L’Islet — Kamouraska — Rivière-du-Loup Roberval to Roberval — Lac-Saint-Jean Carleton — Lanark to Carleton — Mississippi Mills Clarington — Scugog — Uxbridge to Durham Grey — Bruce — Owen Sound to Bruce — Grey — Owen Sound Kitchener — Conestoga to Kitchener — Wilmot — Wellesley — Woolwich Middlesex — Kent — Lambton to Lambton — Kent — Middlesex Charleswood — St. James to Charleswood — St. James — Assiniboia Dauphin — Swan River to Dauphin — Swan River — Marquette Churchill River to Desnethé — Missinippi — Churchill River Athabasca to Fort McMurray — Athabasca Calgary North Centre to Calgary Centre-North Calgary South Centre to Calgary Centre Edmonton — Beaumont to Edmonton — Mill Woods — Beaumont Westlock — St. Paul to Battle River Dewdney — Alouette to Pitt Meadows — Maple Ridge — Mission Kamloops — Thompson to Kamloops — Thompson — Cariboo Kelowna to Kelowna — Lake Country North Okanagan — Shuswap to Okanagan — Shuswap Southern Interior to British Columbia Southern Interior All parliamentary publications are available on the Parliamentary Internet Parlementaire at the following address: http://www.parl.gc.ca West Vancouver — Sunshine Coast to West Vancouver — Sunshine Coast — Sea to Sky Country 52-53 ELIZABETH II —————— CHAPTER 19 An Act to change the names of certain electoral districts [Assented to 14th May, 2004] Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: Name changed to “Bonavista — Gander — Grand Falls — Windsor” 1. In the representation order declared in force by proclamation of August 25, 2003 under the Electoral Boundaries Readjustment Act, paragraph 2 of that part relating to the Province of Newfoundland and Labrador is amended by substituting the name “Bonavista — Gander — Grand Falls — Windsor” for the name “Bonavista — Exploits”. Name changed to “St. John’s East” 2. In the representation order declared in force by proclamation of August 25, 2003 under the Electoral Boundaries Readjustment Act, paragraph 6 of that part relating to the Province of Newfoundland and Labrador is amended by substituting the name “St. John’s East” for the name “St. John’s North”. Name changed to “St. John’s South — Mount Pearl” 3. In the representation order declared in force by proclamation of August 25, 2003 under the Electoral Boundaries Readjustment Act, paragraph 7 of that part relating to the Province of Newfoundland and Labrador is amended by substituting the name “St. John’s South — Mount Pearl” for the name “St. John’s South”. C. 19 Name changed to “Cumberland — Colchester — Musquodoboit Valley” 4. In the representation order declared in force by proclamation of August 25, 2003 under the Electoral Boundaries Readjustment Act, paragraph 7 of that part relating to the Province of Nova Scotia is amended by substituting the name “Cumberland — Colchester — Musquodoboit Valley” for the name “North Nova”. Name changed to “Fundy Royal” 5. In the representation order declared in force by proclamation of August 25, 2003 under the Electoral Boundaries Readjustment Act, paragraph 4 of that part relating to the Province of New Brunswick is amended by substituting the name “Fundy Royal” for the name “Fundy”. Name changed to “New Brunswick Southwest” 6. In the representation order declared in force by proclamation of August 25, 2003 under the Electoral Boundaries Readjustment Act, paragraph 8 of that part relating to the Province of New Brunswick is amended by substituting the name “New Brunswick Southwest” for the name “St. Croix — Belleisle”. Name changed to “Argenteuil — Papineau — Mirabel” 7. In the representation order declared in force by proclamation of August 25, 2003 under the Electoral Boundaries Readjustment Act, paragraph 4 of that part relating to the Province of Quebec is amended by substituting the name “Argenteuil — Papineau — Mirabel” for the name “Argenteuil — Mirabel”. Name changed to “Beauport — Limoilou” 8. In the representation order declared in force by proclamation of August 25, 2003 under the Electoral Boundaries Readjustment Act, paragraph 7 of that part relating to the Province of Quebec is amended by substituting the name “Beauport — Limoilou” for the name “Beauport”. Name changed to “Charlesbourg — Haute-SaintCharles” 9. In the representation order declared in force by proclamation of August 25, 2003 under the Electoral Boundaries Readjustment Act, paragraph 13 of that part relating to the Province of Quebec is amended by substituting the name “Charlesbourg — Haute-Saint-Charles” for the name “Charlesbourg”. Electoral Circonscriptio Name changed to “Montmorency — Charlevoix — Haute-CôteNord” 10. In the representation order declared in force by proclamation of August 25, 2003 under the Electoral Boundaries Readjustment Act, paragraph 14 of that part relating to the Province of Quebec is amended by substituting the name “Montmorency — Charlevoix — Haute-CôteNord” for the name “Charlevoix — Montmorency”. Name changed to “Laurier — Sainte-Marie” 11. In the representation order declared in force by proclamation of August 25, 2003 under the Electoral Boundaries Readjustment Act, paragraph 31 of that part relating to the Province of Quebec is amended by substituting the name “Laurier — Sainte-Marie” for the name “Laurier”. Name changed to “Longueuil — Pierre-Boucher” 12. In the representation order declared in force by proclamation of August 25, 2003 under the Electoral Boundaries Readjustment Act, paragraph 35 of that part relating to the Province of Quebec is amended by substituting the name “Longueuil — Pierre-Boucher” for the name “Longueuil”. Name changed to “HauteGaspésie — La Mitis — Matane — Matapédia” 13. In the representation order declared in force by proclamation of August 25, 2003 under the Electoral Boundaries Readjustment Act, paragraph 41 of that part relating to the Province of Quebec is amended by substituting the name “Haute-Gaspésie — La Mitis — Matane — Matapédia” for the name “Matapédia — Matane”. Name changed to “Abitibi — Baie-James — Nunavik — Eeyou” 14. In the representation order declared in force by proclamation of August 25, 2003 under the Electoral Boundaries Readjustment Act, paragraph 46 of that part relating to the Province of Quebec is amended by substituting the name “Abitibi — Baie-James — Nunavik — Eeyou” for the name “Nunavik — Eeyou”. Name changed to “Portneuf — Jacques-Cartier” 15. In the representation order declared in force by proclamation of August 25, 2003 under the Electoral Boundaries Readjustment Act, C. 19 Electoral paragraph 51 of that part relating to the Province of Quebec is amended by substituting the name “Portneuf — Jacques-Cartier” for the name “Portneuf”. Name changed to “BasRichelieu — Nicolet — Bécancour” 16. In the representation order declared in force by proclamation of August 25, 2003 under the Electoral Boundaries Readjustment Act, paragraph 54 of that part relating to the Province of Quebec is amended by substituting the name “Bas-Richelieu — Nicolet — Bécancour” for the name “Richelieu”. Name changed to “RimouskiNeigette — Témiscouata — Les Basques” 17. In the representation order declared in force by proclamation of August 25, 2003 under the Electoral Boundaries Readjustment Act, paragraph 56 of that part relating to the Province of Quebec is amended by substituting the name “Rimouski-Neigette — Témiscouata — Les Basques” for the name “Rimouski — Témiscouata”. Name changed to “Montmagny — L’Islet — Kamouraska — Rivière-duLoup” 18. In the representation order declared in force by proclamation of August 25, 2003 under the Electoral Boundaries Readjustment Act, paragraph 58 of that part relating to the Province of Quebec is amended by substituting the name “Montmagny — L’Islet — Kamouraska — Rivière-du-Loup” for the name “Rivière-duLoup — Montmagny”. Name changed to “Roberval — Lac-Saint-Jean” 19. In the representation order declared in force by proclamation of August 25, 2003 under the Electoral Boundaries Readjustment Act, paragraph 60 of that part relating to the Province of Quebec is amended by substituting the name “Roberval — Lac-Saint-Jean” for the name “Roberval”. Name changed to “Carleton — Mississippi Mills” 20. In the representation order declared in force by proclamation of August 25, 2003 under the Electoral Boundaries Readjustment Act, paragraph 12 of that part relating to the Province of Ontario is amended by substituting the name “Carleton — Mississippi Mills” for the name “Carleton — Lanark”. Circonscriptio Name changed to “Durham” 21. In the representation order declared in force by proclamation of August 25, 2003 under the Electoral Boundaries Readjustment Act, paragraph 14 of that part relating to the Province of Ontario is amended by substituting the name “Durham” for the name “Clarington — Scugog — Uxbridge”. Name changed to “Bruce — Grey — Owen Sound” 22. In the representation order declared in force by proclamation of August 25, 2003 under the Electoral Boundaries Readjustment Act, paragraph 26 of that part relating to the Province of Ontario is amended by substituting the name “Bruce — Grey — Owen Sound” for the name “Grey — Bruce — Owen Sound”. Name changed to “Kitchener — Wilmot — Wellesley — Woolwich” 23. In the representation order declared in force by proclamation of August 25, 2003 under the Electoral Boundaries Readjustment Act, paragraph 38 of that part relating to the Province of Ontario is amended by substituting the name “Kitchener — Wilmot — Wellesley — Woolwich” for the name “Kitchener — Conestoga”. Name changed to “Lambton — Kent — Middlesex” 24. In the representation order declared in force by proclamation of August 25, 2003 under the Electoral Boundaries Readjustment Act, paragraph 46 of that part relating to the Province of Ontario is amended by substituting the name “Lambton — Kent — Middlesex” for the name “Middlesex — Kent — Lambton”. Name changed to “Charleswood — St. James — Assiniboia” 25. In the representation order declared in force by proclamation of August 25, 2003 under the Electoral Boundaries Readjustment Act, paragraph 2 of that part relating to the Province of Manitoba is amended by substituting the name “Charleswood — St. James — Assiniboia” for the name “Charleswood — St. James”. Name changed to “Dauphin — Swan River — Marquette” 26. In the representation order declared in force by proclamation of August 25, 2003 under the Electoral Boundaries Readjustment Act, paragraph 4 of that part relating to the Province C. 19 Electoral of Manitoba is amended by substituting the name “Dauphin — Swan River — Marquette” for the name “Dauphin — Swan River”. Name changed to “Desnethé — Missinippi — Churchill River” 27. In the representation order declared in force by proclamation of August 25, 2003 under the Electoral Boundaries Readjustment Act, paragraph 3 of that part relating to the Province of Saskatchewan is amended by substituting the name “Desnethé — Missinippi — Churchill River” for the name “Churchill River”. Name changed to “Fort McMurray — Athabasca” 28. In the representation order declared in force by proclamation of August 25, 2003 under the Electoral Boundaries Readjustment Act, paragraph 1 of that part relating to the Province of Alberta is amended by substituting the name “Fort McMurray — Athabasca” for the name “Athabasca”. Name changed to “Calgary Centre-North” 29. In the representation order declared in force by proclamation of August 25, 2003 under the Electoral Boundaries Readjustment Act, paragraph 3 of the English version of that part relating to the Province of Alberta is amended by substituting the name “Calgary CentreNorth” for the name “Calgary North Centre”. Name changed to “Calgary Centre” 30. In the representation order declared in force by proclamation of August 25, 2003 under the Electoral Boundaries Readjustment Act, paragraph 6 of that part relating to the Province of Alberta is amended by substituting the name “Calgary Centre” for the name “Calgary South Centre”. Name changed to “Edmonton — Mill Woods — Beaumont” 31. In the representation order declared in force by proclamation of August 25, 2003 under the Electoral Boundaries Readjustment Act, paragraph 11 of that part relating to the Province of Alberta is amended by substituting the name “Edmonton — Mill Woods — Beaumont” for the name “Edmonton — Beaumont”. Name changed to “Battle River” 32. In the representation order declared in force by proclamation of August 25, 2003 under the Electoral Boundaries Readjustment Act, paragraph 25 of that part relating to the Province Circonscriptio of Alberta is amended by substituting the name “Battle River” for the name “Westlock — St. Paul”. Name changed to “Pitt Meadows — Maple Ridge — Mission” 33. In the representation order declared in force by proclamation of August 25, 2003 under the Electoral Boundaries Readjustment Act, paragraph 7 of that part relating to the Province of British Columbia is amended by substituting the name “Pitt Meadows — Maple Ridge — Mission” for the name “Dewdney — Alouette”. Name changed to “Kamloops — Thompson — Cariboo” 34. In the representation order declared in force by proclamation of August 25, 2003 under the Electoral Boundaries Readjustment Act, paragraph 10 of that part relating to the Province of British Columbia is amended by substituting the name “Kamloops — Thompson — Cariboo” for the name “Kamloops — Thompson”. Name changed to “Kelowna — Lake Country” 35. In the representation order declared in force by proclamation of August 25, 2003 under the Electoral Boundaries Readjustment Act, paragraph 11 of that part relating to the Province of British Columbia is amended by substituting the name “Kelowna — Lake Country” for the name “Kelowna”. Name changed to “Okanagan — Shuswap” 36. In the representation order declared in force by proclamation of August 25, 2003 under the Electoral Boundaries Readjustment Act, paragraph 18 of that part relating to the Province of British Columbia is amended by substituting the name “Okanagan — Shuswap” for the name “North Okanagan — Shuswap”. Name changed to “British Columbia Southern Interior” 37. In the representation order declared in force by proclamation of August 25, 2003 under the Electoral Boundaries Readjustment Act, paragraph 26 of that part relating to the Province of British Columbia is amended by substituting the name “British Columbia Southern Interior” for the name “Southern Interior”. C. 19 Name changed to “West Vancouver — Sunshine Coast — Sea to Sky Country” 38. In the representation order declared in force by proclamation of August 25, 2003 under the Electoral Boundaries Readjustment Act, paragraph 36 of that part relating to the Province of British Columbia is amended by substituting the name “West Vancouver — Sunshine Coast — Sea to Sky Country” for the name “West Vancouver — Sunshine Coast”. Coming into force 39. This Act comes into force on September 1, 2004. Electoral Published under authority of the Speaker of the House of Commons Available from: Public Works and Government Services Canada Ottawa, Ontario K1A 0S5 Available from: Public Works and Government Services Canada Ottawa, Ontario K1A 0S5

Third Session, Thirty-seventh Parliament, 52-53 Elizabeth II, 2004 STATUTES OF CANADA 2004 CHAPTER 4 An Act respecting equalization and authorizing the Minister of Finance to make certain payments related to health BILL C-18 ASSENTED TO 29TH MARCH, 2004 RECOMMENDATION Her Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled “An Act respecting equalization and authorizing the Minister of Finance to make certain payments related to health”. SUMMARY This enactment amends the Federal-Provincial Fiscal Arrangements Act to authorize an additional two billion dollars for the provinces as part of the Canada Health and Social Transfer. In addition, this enactment amends that Act, as well as the FederalProvincial Fiscal Arrangements Regulations, 1999, to extend the equalization program for an additional fiscal year beginning on April 1, 2004 and ending on March 31, 2005. All parliamentary publications are available on the Parliamentary Internet Parlementaire at the following address: http://www.parl.gc.ca 52-53 ELIZABETH II —————— CHAPTER 4 An Act respecting equalization and authorizing the Minister of Finance to make certain payments related to health [Assented to 29th March, 2004] Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: R.S., c. F-8; 1995, c. 17, s. 45(1) FEDERAL-PROVINCIAL FISCAL ARRANGEMENTS ACT 1999, c. 11, s. 1 1. Section 3 of the Federal-Provincial Fiscal Arrangements Act is replaced by the following: Fiscal equalization payments 3. Subject to this Act, the Minister may pay to a province for each fiscal year in the period beginning on April 1, 1999 and ending on March 31, 2005 a fiscal equalization payment not exceeding the amount computed in accordance with section 4. 1999, c. 11, s. 2(4) 2. The portion of subsection 4(6) of the Act before paragraph (a) is replaced by the following: Minimum payment to province in certain cases (6) Notwithstanding subsections (1) to (5) but subject to subsection (9), the fiscal equalization payment that may be paid to a province in respect of each fiscal year in the period beginning on April 1, 1999 and ending on March 31, 2005, if the province received a fiscal equalization payment in respect of the immediately preceding fiscal year, shall not be less than the greater of C. 4 1999, c. 26, s. 3(2) 3. The portion of subsection 13(2) of the Act before paragraph (a) is replaced by the following: Transfers established under paragraphs 14(c), (d) and (i) (2) Subject to this Part, a Canada Health and Social Transfer established under paragraphs 14(c), (d) and (i) is to be provided to the provinces for the following purposes: Equalization and Certain P 4. Section 14 of the Act is amended by striking out the word “and” at the end of paragraph (g), by adding the word “and” at the end of paragraph (h) and by adding the following after paragraph (h): (i) a cash contribution of $2 billion to be paid to the trusts referred to in section 16.4. 5. Section 15 of the Act is amended by adding the following after subsection (6): Provincial share of cash contribution established under paragraph 14(i) (7) The portion of the cash contribution established under paragraph 14(i) that may be paid to a trust established to provide funding for a province shall be determined by multiplying that cash contribution by the quotient obtained by dividing (a) the population of the province for the fiscal year by (b) the total of the population of all provinces for the fiscal year. 6. The Act is amended by adding the following after section 16.3: Payments to trusts — Canada Health and Social Transfer supplement 16.4 The Minister may make direct payments totalling $2 billion to trusts established to provide the provinces with funding for the purposes referred to in subsection 13(2). 7. Section 17 of the Act is amended by adding the following after subsection (1): Péréquation et certains pai Payments to a trust (1.1) Despite subsection (1), any amount payable to a trust under this Part may be paid by the Minister out of the Consolidated Revenue Fund at the times and in the manner that the Minister considers appropriate. SOR/2000-100 FEDERAL-PROVINCIAL FISCAL ARRANGEMENTS REGULATIONS, 1999 8. The definition “fiscal arrangements period” in subsection 1(1) of the FederalProvincial Fiscal Arrangements Regulations, 1999 is replaced by the following: “fiscal arrangements period” means the period beginning on April 1, 1999 and ending on March 31, 2005. (période des accords fiscaux) Published under authority of the Speaker of the House of Commons Available from: Communications Canada — Canadian Government Publishing Ottawa, Canada K1A 0S9 Available from: Communication Canada — Canadian Government Publishing Ottawa, Canada K1A 0S9

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First Session, Thirty-eighth Parliament, 53 Elizabeth II, 2004 STATUTES OF CANADA 2004 CHAPTER 26 An Act to provide financial assistance for post-secondary education savings ASSENTED TO 15th DECEMBER, 2004 BILL C-5 RECOMMENDATION Her Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled “An Act to provide financial assistance for post-secondary education savings”. SUMMARY This enactment is intended to encourage the financing of post-secondary education through savings in registered education savings plans. It provides for the payment of Canada Education Savings grants in relation to contributions made to those plans. The amount of the grant is increased for children of lowerand middle-income families. It also provides for the payment of Canada Learning Bonds in respect of children of families receiving the National Child Benefit Supplement. All parliamentary publications are available on the Parliamentary Internet Parlementaire at the following address: http://www.parl.gc.ca TABLE OF PROVISIONS AN ACT TO PROVIDE FINANCIAL ASSISTANCE FOR POST-SECONDARY EDUCATION SAVINGS SHORT TITLE 1. Short title INTERPRETATION 2. Definitions 3. Purpose 3.1 Informational and promotional activities 4. Power of Governor in Council PURPOSE DESIGNATION OF MINISTER PAYMENTS 5. CES grants 6. Canada Learning Bonds 7. Conditions 8. Interest 9. Payments out of CRF 9.1 Waiver GENERAL 10. Recovery of payments and interest 11. Access to information 12. Authority to enter into agreements with provinces 13. Regulations TRANSITIONAL PROVISION 14. Agreements CONSEQUENTIAL AMENDMENTS 15-16. Access to Information Act 17-18. Children’s Special Allowances Act 19. Department of Human Resources Development Act i 20-22. Income Tax Act COMING INTO FORCE 23. Order in council 53 ELIZABETH II —————— CHAPTER 26 An Act to provide financial assistance for postsecondary education savings [Assented to 15th December, 2004] Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: SHORT TITLE Short title 1. This Act may be cited as the Canada Education Savings Act. INTERPRETATION Definitions “Canada Learning Bond” « bon d’études » 2. (1) The definitions in this subsection apply in this Act. “Canada Learning Bond” means the bond payable or paid under section 6. “CES grant” « subvention pour l’épargneétudes » “CES grant” means a Canada Education Savings grant payable or paid under section 5 or under Part III.1 of the Department of Human Resources Development Act, as it read immediately before the coming into force of section 19 of this Act. “child tax benefit” « prestation fiscale pour enfants » “child tax benefit” means a deemed overpayment under Subdivision a.1 of Division E of Part I of the Income Tax Act. “national child benefit supplement” « supplément de la prestation nationale pour enfants » “national child benefit supplement” means that portion of a child tax benefit determined under the description of C in subsection 122.61(1) of the Income Tax Act. 2 “prescribed” Version anglaise seulement “primary caregiver” « responsable » C. 26 Canada Educ “prescribed” means prescribed by regulations. “primary caregiver” means (a) in the case of a beneficiary who is a qualified dependant in respect of whom a child tax benefit is payable, the eligible individual in respect of the beneficiary; and (b) in the case of a beneficiary in respect of whom a special allowance is payable under the Children’s Special Allowances Act, the department, agency or institution that maintains the beneficiary. Income Tax Act expressions (2) Unless a contrary intention appears, in this Act (a) the expressions “adjusted income”, “eligible individual” and “qualified dependant” have the meanings assigned by section 122.6 of the Income Tax Act; (b) the expressions “beneficiary”, “contribution”, “promoter”, “registered education savings plan”, “subscriber” and “trust” have the meanings assigned by section 146.1 of the Income Tax Act; and (c) any other expression has the meaning assigned by the Income Tax Act. PURPOSE Purpose 3. The purpose of this Act is to encourage the financing of children’s post-secondary education through savings, from early childhood, in registered education savings plans. Informational and promotional activities 3.1 The Minister shall take measures necessary to carry out the purpose set out in section 3, including making known to Canadians, through informational and promotional activities, the existence of CES grants and Canada Learning Bonds and any terms and conditions. DESIGNATION OF MINISTER Power of Governor in Council 4. The Governor in Council may designate a member of the Queen’s Privy Council for Canada to be the Minister for the purposes of this Act. Épargne 2004 PAYMENTS CES grants 5. (1) Subject to this Act and the regulations, on application to the Minister in a form and manner approved by the Minister, the Minister may, in respect of any contribution made in 1998 or a subsequent year to a registered education savings plan by or on behalf of a subscriber under the plan in respect of a beneficiary under the plan who is less than 17 years of age at the end of the year preceding the contribution, pay to a trustee of a trust governed by the plan a CES grant for the benefit of the trust. The payment is to be made on any terms and conditions that the Minister may specify by agreement between the Minister and the trustee. Amount of grant (2) The amount of a CES grant that may be paid for a particular year at any time is equal to the lesser of (a) 20% of the contribution, and (b) the amount, if any, by which the lesser of (i) $800, and (ii) the beneficiary’s unused CES grant room for the particular year at that time exceeds (iii) the total of all CES grants paid before that time — other than those amounts paid under subsection (4) — in respect of contributions made in the particular year in respect of the beneficiary. Unused CES grant room (3) The unused CES grant room for a beneficiary for a particular year at any time is (a) if the beneficiary was 17 years of age or older at the end of the preceding year, nil; or (b) in any other case, determined by the formula $400 (A - B - C) - D where A is C. 26 Canada Educ (i) if the beneficiary was born before 1998, the amount, if any, by which (A) the beneficiary’s age in whole years at the end of the particular year exceeds (B) the beneficiary’s age in whole years at the end of 1997, and (ii) in any other case, one plus the beneficiary’s age in whole years at the end of the particular year, B is the number of preceding years throughout which the beneficiary was an ineligible beneficiary in accordance with the regulations, C is the number of preceding years beginning after 1997, (i) not included in the value of B in respect of the beneficiary for the particular year, and (ii) throughout which the beneficiary was not resident in Canada, and D is the total of all CES grants paid before that time — other than those amounts paid under subsection (4) — in respect of contributions made in a preceding year in respect of the beneficiary. Additional amount of grant (4) The amount of a CES grant that may be paid for a particular year at any time is increased by the lesser of (a) the amount that is (i) 20% of the contribution, if the beneficiary (A) is a qualified dependant of an eligible individual whose adjusted income used to determine the amount of a child tax benefit in respect of January in the particular year is $35,000 or less, or Épargne (B) is a person in respect of whom a special allowance under the Children’s Special Allowances Act is payable for at least one month in the particular year, and (ii) 10% of the contribution, if the beneficiary is a qualified dependant of an eligible individual whose adjusted income used to determine the amount of a child tax benefit in respect of January in the particular year is more than $35,000 but not more than $70,000, and (b) the amount by which (i) $100, in the case of a beneficiary referred to in subparagraph (a)(i), or (ii) $50, in the case of a beneficiary referred to in subparagraph (a)(ii) exceeds (iii) the total of all amounts paid under this subsection before that time in respect of contributions made in the particular year in respect of the beneficiary. No determination for January (5) If there has been no determination of eligibility for a child tax benefit in respect of January in a particular year, the adjusted income to be used for the purposes of subsection (4) is the adjusted income used to determine the amount of a child tax benefit for the first month in the particular year in respect of which eligibility has been established. Beneficiary born in December (6) In applying subsection (5) in respect of a beneficiary born in December, the reference to “the first month in the particular year in respect of which eligibility has been established” in that subsection is to be read as a reference to “January of the next year”. Designation (7) The amount referred to in subsection (4) is to be paid to the trustee of a trust designated, in the form and manner approved by the Minister, by the primary caregiver of the beneficiary at the time the contribution is made. Indexing (8) The amounts $35,000 and $70,000 referred to in subsection (4) are to be adjusted for each year that is after 2004 in the manner set out in section 117.1 of the Income Tax Act. C. 26 Restriction (9) Subsection (4) applies only to contributions made in 2005 or a subsequent year. Lifetime cap (10) Not more than $7,200 in CES grants may be paid in respect of a beneficiary during their lifetime. Canada Learning Bonds 6. (1) Subject to this Act and the regulations, on application to the Minister, in the form and manner approved by the Minister, the Minister may, in respect of a beneficiary under a registered education savings plan who was born after 2003 and is less than 21 years of age at the time of the application, pay to a trustee of a trust governed by the plan a Canada Learning Bond for the benefit of the trust. The bond is to be paid on any terms and conditions that the Minister may specify by agreement between the Minister and the trustee. Amount of bond (2) The amount of a Canada Learning Bond is equal to the sum of the following amounts: Canada Educ (a) $500 in respect of the first benefit year in which the beneficiary (i) is a person less than 15 years of age at the beginning of the month immediately before the benefit year, or (ii) is born during the benefit year or during the month immediately before it, and in respect of whom a national child benefit supplement, or a special allowance under the Children’s Special Allowances Act, is payable for at least one month in that year, and (b) $100 in respect of any subsequent benefit year in which the beneficiary is a person less than 15 years of age at the beginning of the month immediately before the benefit year and in respect of whom a supplement or an allowance referred to in paragraph (a) is payable for at least one month in that year. Meaning of “benefit year” (3) In this section, “benefit year” means the period that starts on July 1 in one year and ends on June 30 of the next year. Épargne Designation (4) The amount of a bond in respect of a benefit year is to be paid to the trustee of a trust designated, in the form and manner approved by the Minister, by the primary caregiver of the beneficiary or, if the beneficiary is 18 years of age or more, by the beneficiary. Additional payment (5) When the Minister pays the amount under paragraph (2)(a), the Minister may, in prescribed circumstances, pay into the trust an additional amount determined in accordance with the regulations in recognition of the cost of administering registered education savings plans. Conditions 7. Neither a CES grant nor a Canada Learning Bond may be paid in respect of a beneficiary under a registered education savings plan unless (a) the Minister is provided with the Social Insurance Number of the beneficiary; (b) the Minister is provided with the Social Insurance Number of the individual, or the business number of the department, agency or institution, that made a designation under subsection 5(7) or 6(4); and (c) the beneficiary is resident in Canada, in the case of a CES grant, at the time the contribution to the plan is made and, in the case of a Canada Learning Bond, immediately before the payment is made. Interest 8. The Minister may, in prescribed circumstances, pay interest, determined in accordance with prescribed rules, in respect of CES grants or Canada Learning Bonds. Payments out of CRF 9. All amounts payable by the Minister under this Act, the regulations or an agreement entered into under section 12 shall be paid out of the Consolidated Revenue Fund. Waiver 9.1 (1) On application made by the primary caregiver of the beneficiary or, if the beneficiary is 18 years of age or more, by the beneficiary, the Minister may, to avoid undue hardship, waive any of the requirements of this Act or the regulations that relate to the payment of CES grants or Canada Learning Bonds and that are C. 26 Canada Educ specified in regulations made under paragraph 13(g). The application must be in the form and manner approved by the Minister. Restriction (2) Despite subsection (1), the Minister may not waive any requirement related to the determination of eligibility for a child tax benefit or a national child benefit supplement, or for a special allowance under the Children’s Special Allowances Act. GENERAL Recovery of payments and interest 10. An amount required to be repaid to the Minister under this Act, the regulations or under an agreement entered into under this Act, other than an agreement referred to in section 12, and any interest due in respect of the amount constitute a debt due to Her Majesty in right of Canada and is recoverable as such in the Federal Court or any other court of competent jurisdiction. Access to information 11. (1) Subject to subsection (3) and except as otherwise prescribed, all information obtained in the course of the administration or enforcement of this Act or under a program administered pursuant to an agreement entered into under section 12 is privileged, and no person shall knowingly make it available or allow it to be made available to any other person except for the purpose of the administration or enforcement of this Act, the Income Tax Act or that program. Social Insurance Number information (2) Subject to subsection (3), no person shall knowingly use, communicate or allow to be communicated the Social Insurance Number of an individual that was obtained for a purpose related to an application for a CES grant or a Canada Learning Bond under this Act or for a benefit under a program administered pursuant to an agreement entered into under section 12 except for the purpose of the administration or enforcement of this Act, the Income Tax Act or that program. Provisions of Canada Pension Plan re information applicable (3) Except as otherwise prescribed, sections 104 to 104.03, 104.05 to 104.08, 104.1 and 104.11 of the Canada Pension Plan relating to the protection of personal information apply, with any modifications that the circumstances Épargne require, to this Act and shall be read as if they were contained in this Act but, for the purposes of this Act, (a) any matter or thing that is to be or may be prescribed under any of those sections is to be or may be prescribed under this Act; and (b) a reference in any of those sections to the Minister shall be read as a reference to the Minister under this Act. Authority to enter into agreements with provinces 12. (1) The Minister may, with the approval of the Minister of Finance, enter into agreements with the government of any province to administer provincial programs consistent with the purpose of this Act. Fees and charges (2) An agreement entered into under subsection (1) may include provisions respecting the fees or charges to be paid for a service provided by or on behalf of the Minister under the agreement. Amounts charged (3) The amounts of the fees or charges referred to in subsection (2) may not exceed the cost of providing the service. Amounts received (4) Subject to conditions imposed by the Treasury Board, any amounts received by the Minister for services may be used by the Minister for administering the provincial programs referred to in subsection (1). Regulations 13. The Governor in Council may make regulations for carrying out the purpose and provisions of this Act and, without limiting the generality of the foregoing, may make regulations (a) respecting any matter or thing that by this Act is to be or may be prescribed or otherwise determined under the regulations; (b) establishing conditions that must be met by a registered education savings plan and by persons in respect of the plan before a CES grant or a Canada Learning Bond may be paid in respect of the plan; (c) establishing the manner of determining the amount of a CES grant that may be paid in respect of contributions to registered C. 26 Canada Educ education savings plans or the amount of a Canada Learning Bond that may be paid into those plans; (d) specifying terms and conditions to be included in agreements entered into between a trustee under a registered education savings plan and the Minister relating to the terms and conditions applicable to the payment of a CES grant or a Canada Learning Bond and specifying, for inclusion in the agreements, in addition to any other conditions that the Minister considers appropriate, the obligations of a trustee under an agreement; (e) prescribing the circumstances in which an additional amount may be paid under subsection 6(5) and establishing the manner of determining the amount of the payment; (f) specifying terms and conditions to be included in agreements entered into between promoters of registered education savings plans and the Minister; (g) specifying the requirements of this Act or the regulations relating to the payment of CES grants or Canada Learning Bonds that may be waived by the Minister to avoid undue hardship; (h) governing or prohibiting the sharing of CES grants or Canada Learning Bonds, and the earnings generated on them; (i) specifying circumstances under which all or part of any amount paid under this Act is to be repaid to the Minister; (j) specifying circumstances under which the earnings generated on Canada Learning Bonds repaid under regulations made under paragraph (i) are to be repaid to the Minister and establishing the manner of determining the amount of those earnings; and (k) establishing, for the purpose of determining an amount required to be repaid under this Act in respect of CES grants or Canada Learning Bonds, the manner of determining the portion, if any, of an educational assistance payment made under a registered education savings plan that is attributable to CES grants or Canada Learning Bonds, as the case may be. Épargne TRANSITIONAL PROVISION Agreements 14. Every agreement entered into under Part III.1 of the Department of Human Resources Development Act that is in force immediately before the coming into force of section 5 of this Act is deemed to be an agreement entered into under that section and continues in force until it terminates. CONSEQUENTIAL AMENDMENTS R.S., c. A-1 1998, c. 21, s. 73 ACCESS TO INFORMATION ACT 15. Schedule II to the Access to Information Act is amended by striking out the following: Department of Human Resources Development Act Loi sur le ministère du Développement des ressources humaines and by striking out the corresponding reference to “section 33.5”. 16. Schedule II to the Act is amended by adding the following in alphabetical order: Canada Education Savings Act Loi canadienne sur l’épargne-études and by adding a corresponding reference to “section 11”. 1992, c. 48, Sch. CHILDREN’S SPECIAL ALLOWANCES ACT 17. Subparagraph 3(1)(a)(ii) of the Children’s Special Allowances Act is replaced by the following: (ii) by an agency appointed by a province, including an authority established under the laws of a province, or by an agency appointed by such an authority, for the purpose of administering any law of the province for the protection and care of children, C. 26 1998, c. 19, s. 258(1) 18. Subsection 10(2) of the Act is replaced by the following: Release of information (2) Any information obtained by or on behalf of the Minister in the course of the administration or enforcement of this Act or the regulations or the carrying out of an agreement entered into under section 11 may be communicated to any person if it can reasonably be regarded as necessary for the purposes of the administration or enforcement of this Act, the Income Tax Act or the Canada Education Savings Act or a program administered pursuant to an agreement entered into under section 12 of that Act. 1996, c. 11 DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT ACT 1998, c. 21, s. 72 R.S., c. 1 (5th Supp.) Canada Educ 19. Part III.1 of the Department of Human Resources Development Act is repealed. INCOME TAX ACT 20. Paragraph 60(x) of the Income Tax Act is replaced by the following: Repayment under Canada Education Savings Act (x) the total of all amounts each of which is an amount paid by the taxpayer in the year as a repayment, under the Canada Education Savings Act or under a program administered pursuant to an agreement entered into under section 12 of that Act, of an amount that was included because of subsection 146.1(7) in computing the taxpayer’s income for the year or a preceding taxation year. 21. (1) The definition “contribution” in subsection 146.1(1) of the Act is replaced by the following: “contribution” « cotisation » “contribution”, into an education savings plan, does not include an amount paid into the plan under the Canada Education Savings Act or under a program administered pursuant to an agreement entered into under section 12 of that Act; Épargne (2) The portion of the definition “education savings plan” in subsection 146.1(1) of the Act before paragraph (b) is replaced by the following: “education savings plan” « régime d’épargneétudes » “education savings plan” means an arrangement entered into between (a) any of the following, namely, (i) an individual (other than a trust), (ii) an individual (other than a trust) and the spouse or common-law partner of the individual, and (iii) a public primary caregiver of a beneficiary, and (3) Paragraph (a) of the definition “subscriber” in subsection 146.1(1) of the Act is replaced by the following: (a) each individual or the public primary caregiver with whom the promoter of the plan enters into the plan, (a.1) another individual or another public primary caregiver who has before that time, under a written agreement, acquired a public primary caregiver’s rights as a subscriber under the plan, (4) The portion of the definition “subscriber” in subsection 146.1(1) of the Act after paragraph (b) is replaced by the following: (c) after the death of an individual described in any of paragraphs (a) to (b), any other person (including the estate of the deceased individual) who acquires the individual’s rights as a subscriber under the plan or who makes contributions into the plan in respect of a beneficiary but does not include an individual or a public primary caregiver whose rights as a subscriber under the plan had, before that time, been acquired by an individual or public primary caregiver in the circumstances described in paragraph (a.1) or (b); (5) Paragraph (c.1) of the definition “trust” in subsection 146.1(1) of the Act is replaced by the following: C. 26 Canada Educ (c.1) the repayment of amounts (and the payment of amounts related to that repayment) under the Canada Education Savings Act or under a program administered pursuant to an agreement entered into under section 12 of that Act, (6) Subsection 146.1(1) of the Act is amended by adding the following in alphabetical order: “public primary caregiver” « responsable public » “public primary caregiver”, of a beneficiary under an education savings plan in respect of whom a special allowance is payable under the Children’s Special Allowances Act, means the department, agency or institution that maintains the beneficiary or the public trustee or public curator of the province in which the beneficiary resides; (7) Paragraph 146.1(2)(d.1) of the Act is replaced by the following: (d.1) subject to subsection (2.2), if the plan allows accumulated income payments, the plan provides that an accumulated income payment is permitted to be made only if (i) the payment is made to, or on behalf of, a subscriber under the plan who is resident in Canada when the payment is made, (ii) the payment is not made jointly to, or on behalf of, more than one subscriber, and (iii) any of (A) the payment is made after the 9th year that follows the year in which the plan was entered into and each individual (other than a deceased individual) who is or was a beneficiary under the plan has attained 21 years of age before the payment is made and is not, when the payment is made, eligible under the plan to receive an educational assistance payment, (B) the payment is made in the 25th year following the year in which the plan is entered into, or (C) each individual who was a beneficiary under the plan is deceased when the payment is made; Épargne (7.1) Clause 146.1(2)(g.1)(i)(A) of the Act is replaced by the following: (A) the individual is at that time enrolled as a full-time or part-time student in a qualifying educational program at a post-secondary educational institution, or (8) Clause 146.1(2)(g.1)(ii)(B) of the Act is replaced by the following: (B) the total of the payment and all other educational assistance payments made under a registered education savings plan of the promoter to or for the individual in the 12-month period that ends at that time does not exceed $5,000 or any greater amount that the Minister designated for the purpose of the Canada Education Savings Act approves in writing with respect to the individual; (9) Paragraph 146.1(2)(l) of the Act is replaced by the following: (l) the plan provides that the promoter shall, within 90 days after an individual becomes a beneficiary under the plan, notify the individual (or, where the individual is under 19 years of age at that time and either ordinarily resides with a parent of the individual or is maintained by a public primary caregiver of the individual, that parent or public primary caregiver) in writing of the existence of the plan and the name and address of the subscriber in respect of the plan; (9.1) Subsection 146.1(2.2) of the Act is replaced by the following: Waiver of conditions for accumulated income payments (2.2) The Minister may, on written application of the promoter of a registered education savings plan, waive the application of the conditions in clause (2)(d.1)(iii)(A) in respect of the plan where a beneficiary under the plan suffers from a severe and prolonged mental impairment that prevents, or can reasonably be C. 26 Canada Educ expected to prevent, the beneficiary from enrolling in a qualifying educational program at a post-secondary educational institution. (10) The portion of paragraph 146.1(6.1)(b) of the Act before subparagraph (i) is replaced by the following: (b) for the purposes of this paragraph and paragraphs (2)(d.1), (h) and (i), the transferee plan is deemed to have been entered into on the day that is the earlier of (11) Paragraph 146.1(12.1)(e) of the Act is replaced by the following: (e) a day on which a person fails to comply with a condition or an obligation, imposed under the Canada Education Savings Act or under a program administered pursuant to an agreement entered into under section 12 of that Act, that applies with respect to a registered education savings plan, (12) Section 146.1 of the Act is amended by adding the following after subsection (13.1): Former Act (14) A reference (a) in this section, in paragraph 60(x) or in subparagraph 241(4)(d)(vii.1) to the Canada Education Savings Act, to an amount paid, to the payment of an amount or to the repayment of an amount, or to a condition or an obligation imposed, under that Act includes a reference to Part III.1 of the Department of Human Resources Development Act, or to an amount paid, to the payment of an amount or to the repayment of an amount, or to a condition or an obligation imposed, as the case may be, under that Part as it read at the time the reference is relevant; and (b) in clause (2)(g.1)(ii)(B) to an amount that the Minister designated for the purpose of the Canada Education Savings Act approves in writing with respect to an individual includes a reference to an amount that the Minister of Human Resources Development or the Minister of State to be styled Minister of Human Resources and Skills Development has approved in writing, before the day on which a Minister is designated for the purposes of that Act, with respect to the individual. Épargne 22. Subparagraph 241(4)(d)(vii.1) of the Act is replaced by the following: (vii.1) to an official solely for the purpose of the administration or enforcement of the Canada Education Savings Act or a program administered pursuant to an agreement entered into under section 12 of that Act, COMING INTO FORCE Order in council 23. The provisions of this Act, other than sections 4, 12, 17 and 20 to 22, come into force on a day or days to be fixed by order of the Governor in Council. Published under authority of the Speaker of the House of Commons Available from: Publishing and Depository Services PWGSC, Ottawa, ON K1A 0S5 Also available on the Parliamentary Intern Aussi disponible sur le réseau électronique « Parliam http://www Available from: Publishing and Depository Services PWGSC, Ottawa, ON K1A 0S5

Third Session, Thirty-seventh Parliament, 52-53 Elizabeth II, 2004 STATUTES OF CANADA 2004 CHAPTER 7 An Act to amend the Parliament of Canada Act (Ethics Commissioner and Senate Ethics Officer) and other Acts in consequence BILL C-4 ASSENTED TO 31st MARCH, 2004 RECOMMENDATION Her Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled ‘‘An Act to amend the Parliament of Canada Act (Ethics Commissioner and Senate Ethics Officer) and other Acts in consequence’’. SUMMARY This enactment amends the Parliament of Canada Act to provide for the appointment of a Senate Ethics Officer. It also requires the Senate Ethics Officer to perform the duties and functions assigned by the Senate regarding the conduct of its members. The Bill also amends the Act to provide for the appointment of an Ethics Commissioner. It also provides for the Ethics Commissioner to perform the duties and functions assigned by the House of Commons regarding the conduct of its members and to administer any ethical principles, rules or obligations established by the Prime Minister for public office holders. This enactment also amends or repeals some sections of the Act and makes consequential amendments to other Acts of Parliament. ��� ������������� ������������ ��� ��������� �� ��� ������������� �������� ������������� �� ��� ��������� �������� ��������������������� 52-53 ELIZABETH II CHAPTER 7 An Act to amend the Parliament of Canada Act (Ethics Commissioner and Senate Ethics Officer) and other Acts in consequence [Assented to 31st March, 2004] Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: R.S., c. P-1 PARLIAMENT OF CANADA ACT 1. Sections 14 and 15 of the Parliament of Canada Act are repealed. 2. The Act is amended by adding the following after section 20: Senate Ethics Officer Appointment 20.1 The Governor in Council shall, by commission under the Great Seal, appoint a Senate Ethics Officer after consultation with the leader of every recognized party in the Senate and after approval of the appointment by resolution of the Senate. Tenure 20.2 (1) The Senate Ethics Officer holds office during good behaviour for a term of seven years and may be removed for cause by the Governor in Council on address of the Senate. He or she may be reappointed for one or more terms of up to seven years each. Interim appointment (2) In the event of the absence or incapacity of the Senate Ethics Officer, or if that office is vacant, the Governor in Council may appoint a qualified person to hold that office in the interim for a term of up to six months. Remuneration 20.3 (1) The Senate Ethics Officer shall be paid the remuneration set by the Governor in Council. � C. 7 Parliament of Canada (Ethics Comm Expenses (2) The Senate Ethics Officer is entitled to be paid reasonable travel and living expenses incurred in the performance of his or her duties or functions while absent from his or her ordinary place of residence, in the case of a part-time appointment, and ordinary place of work, in the case of a full-time appointment. Functions — part-time (3) In the case of a part-time appointment, the Senate Ethics Officer may not accept or hold any office or employment — or carry on any activity — inconsistent with his or her duties and functions under this Act. Functions — full-time (4) In the case of a full-time appointment, the Senate Ethics Officer shall engage exclusively in the duties and functions of the Senate Ethics Officer and may not hold any other office under Her Majesty or engage in any other employment for reward. Deputy head 20.4 (1) The Senate Ethics Officer has the rank of a deputy head of a department of the Government of Canada and has the control and management of the office of the Senate Ethics Officer. Powers to contract (2) The Senate Ethics Officer may, in carrying out the work of the office of the Senate Ethics Officer, enter into contracts, memoranda of understanding or other arrangements. Staff (3) The Senate Ethics Officer may employ any officers and employees and may engage the services of any agents, advisers and consultants that the Senate Ethics Officer considers necessary for the proper conduct of the work of the office of the Senate Ethics Officer. Authorization (4) The Senate Ethics Officer may, subject to the conditions he or she sets, authorize any person to exercise any powers under subsection (2) or (3) on behalf of the Senate Ethics Officer that he or she may determine. Salaries (5) The salaries of the officers and employees of the office of the Senate Ethics Officer shall be fixed according to the scale provided by law. Payment (6) The salaries of the officers and employees of the office of the Senate Ethics Officer, and any casual expenses connected with the office, shall be paid out of moneys provided by Parliament for that purpose. Parlement du Canada (conseiller sénatori Estimates to be prepared (7) Prior to each fiscal year, the Senate Ethics Officer shall cause to be prepared an estimate of the sums that will be required to pay the charges and expenses of the office of the Senate Ethics Officer during the fiscal year. Inclusion in Government estimates (8) The estimate referred to in subsection (7) shall be considered by the Speaker of the Senate and then transmitted to the President of the Treasury Board, who shall lay it before the House of Commons with the estimates of the government for the fiscal year. Duties and functions 20.5 (1) The Senate Ethics Officer shall perform the duties and functions assigned by the Senate for governing the conduct of members of the Senate when carrying out the duties and functions of their office as members of the Senate. Privileges and immunities (2) The duties and functions of the Senate Ethics Officer are carried out within the institution of the Senate. The Senate Ethics Officer enjoys the privileges and immunities of the Senate and its members when carrying out those duties and functions. General direction of committee (3) The Senate Ethics Officer shall carry out those duties and functions under the general direction of any committee of the Senate that may be designated or established by the Senate for that purpose. Clarification — ethical principles, etc. (4) For greater certainty, the administration of any ethical principles, rules or obligations established by the Prime Minister for public office holders within the meaning of section 72.06 and applicable to ministers of the Crown, ministers of state or parliamentary secretaries is not part of the duties and functions of the Senate Ethics Officer or the committee. Clarification — powers, etc., of the Senate (5) For greater certainty, this section shall not be interpreted as limiting in any way the powers, privileges, rights and immunities of the Senate or its members. No summons 20.6 (1) The Senate Ethics Officer, or any person acting on behalf or under the direction of the Senate Ethics Officer, is not a competent or compellable witness in respect of any matter coming to his or her knowledge as a result of exercising any powers or performing � C. 7 Parliament of Canada (Ethics Comm any duties or functions of the Senate Ethics Officer under this Act. Protection (2) No criminal or civil proceedings lie against the Senate Ethics Officer, or any person acting on behalf or under the direction of the Senate Ethics Officer, for anything done, reported or said in good faith in the exercise or purported exercise of any power, or the performance or purported performance of any duty or function, of the Senate Ethics Officer under this Act. Clarification (3) The protection provided under subsections (1) and (2) does not limit any powers, privileges, rights and immunities that the Senate Ethics Officer may otherwise enjoy. Annual report 20.7 (1) The Senate Ethics Officer shall, within three months after the end of each fiscal year, submit a report on his or her activities under section 20.5 for that year to the Speaker of the Senate, who shall table the report in the Senate. Confidentiality (2) The Senate Ethics Officer may not include in the annual report any information that he or she is required to keep confidential. 2000, c. 12, s. 210 3. Sections 34 to 40 of the Act are replaced by the following: Disqualification 35. If any member of the House of Commons accepts any office or commission that, by virtue of this Division, renders a person incapable of being elected to, or of sitting or voting in, the House of Commons, the seat of the member is vacated and the member’s election becomes void. 4. The Act is amended by adding the following after the heading ‘‘GENERAL’’ of Part V: Ethics Commissioner Appointment 72.01 The Governor in Council shall, by commission under the Great Seal, appoint an Ethics Commissioner after consultation with the leader of every recognized party in the House of Commons and after approval of the appointment by resolution of that House. Parlement du Canada (conseiller sénatori Tenure 72.02 (1) The Ethics Commissioner holds office during good behaviour for a term of five years and may be removed for cause by the Governor in Council on address of the House of Commons. He or she may be reappointed for one or more terms of up to five years each. Interim appointment (2) In the event of the absence or incapacity of the Ethics Commissioner, or if that office is vacant, the Governor in Council may appoint a qualified person to hold that office in the interim for a term of up to six months. Remuneration 72.03 (1) The Ethics Commissioner shall be paid the remuneration set by the Governor in Council. Expenses (2) The Ethics Commissioner is entitled to be paid reasonable travel and living expenses incurred in the performance of his or her duties or functions while absent from his or her ordinary place of work. Carrying out functions (3) The Ethics Commissioner shall engage exclusively in the duties and functions of the Ethics Commissioner and may not hold any other office under Her Majesty or engage in any other employment for reward. Deputy head 72.04 (1) The Ethics Commissioner has the rank of a deputy head of a department of the Government of Canada and has the control and management of the office of the Ethics Commissioner. Powers to contract (2) The Ethics Commissioner may, in carrying out the work of the office of the Ethics Commissioner, enter into contracts, memoranda of understanding or other arrangements. Staff (3) The Ethics Commissioner may employ any officers and employees and may engage the services of any agents, advisers and consultants that the Ethics Commissioner considers necessary for the proper conduct of the work of the office of the Ethics Commissioner. Authorization (4) The Ethics Commissioner may, subject to the conditions he or she sets, authorize any person to exercise any powers under subsection (2) or (3) on behalf of the Ethics Commissioner that he or she may determine. � C. 7 Parliament of Canada (Ethics Comm Salaries (5) The salaries of the officers and employees of the office of the Ethics Commissioner shall be fixed according to the scale provided by law. Payment (6) The salaries of the officers and employees of the office of the Ethics Commissioner, and any casual expenses connected with the office, shall be paid out of moneys provided by Parliament for that purpose. Estimates to be prepared (7) Prior to each fiscal year, the Ethics Commissioner shall cause to be prepared an estimate of the sums that will be required to pay the charges and expenses of the office of the Ethics Commissioner during the fiscal year. Inclusion in Government estimates (8) The estimate referred to in subsection (7) shall be considered by the Speaker of the House of Commons and then transmitted to the President of the Treasury Board, who shall lay it before the House of Commons with the estimates of the government for the fiscal year. Functions in Relation to Members of the House of Commons Duties and functions 72.05 (1) The Ethics Commissioner shall perform the duties and functions assigned by the House of Commons for governing the conduct of its members when carrying out the duties and functions of their office as members of that House. Privileges and immunities (2) The duties and functions of the Ethics Commissioner are carried out within the institution of the House of Commons. The Ethics Commissioner enjoys the privileges and immunities of the House of Commons and its members when carrying out those duties and functions. General direction of committee (3) The Ethics Commissioner shall carry out those duties and functions under the general direction of any committee of the House of Commons that may be designated or established by that House for that purpose. Clarification — ethical principles, etc. (4) For greater certainty, the administration of any ethical principles, rules or obligations established by the Prime Minister for public office holders, and applicable to ministers of the Crown, ministers of state or parliamentary Parlement du Canada (conseiller sénatori secretaries, is not within the jurisdiction of the Ethics Commissioner under subsection (1) or the committee. Clarification — powers, etc., of House of Commons (5) For greater certainty, this section shall not be interpreted as limiting in any way the powers, privileges, rights and immunities of the House of Commons or its members. Functions in Relation to Public Office Holders Definition of ‘‘public office holder’’ 72.06 For the purposes of sections 20.5, 72.05 and 72.07 to 72.09, ‘‘public office holder’’ means (a) a minister of the Crown, a minister of state or a parliamentary secretary; (b) a person, other than a public servant, who works on behalf of a minister of the Crown or a minister of state; (c) a Governor in Council appointee, other than the following persons, namely, (i) a lieutenant governor, (ii) officers and staff of the Senate, House of Commons and Library of Parliament, (iii) a person appointed or employed under the Public Service Employment Act who is a head of mission within the meaning of subsection 13(1) of the Department of Foreign Affairs and International Trade Act, (iv) a judge who receives a salary under the Judges Act, (v) a military judge within the meaning of subsection 2(1) of the National Defence Act, and (vi) an officer of the Royal Canadian Mounted Police, not including the Commissioner; and (d) a full-time ministerial appointee designated by the appropriate minister of the Crown as a public office holder. � C. 7 Parliament of Canada (Ethics Comm Principles, rules and obligations 72.061 The Prime Minister shall establish ethical principles, rules and obligations for public office holders. Tabling 72.062 The ethical principles, rules and obligations for public office holders shall be laid before each House of Parliament within 30 sitting days after the Prime Minister assumes office, and any subsequent changes to those ethical principles, rules and obligations shall be laid before that House within 15 sitting days after they are established. Mandate 72.07 The mandate of the Ethics Commissioner in relation to public office holders is (a) to administer any ethical principles, rules or obligations established by the Prime Minister for public office holders; (b) to provide confidential advice to the Prime Minister with respect to those ethical principles, rules or obligations and ethical issues in general; and (c) to provide confidential advice to a public office holder with respect to the application to him or her of those ethical principles, rules or obligations. Request from parliamentarian 72.08 (1) A member of the Senate or House of Commons who has reasonable grounds to believe that a minister of the Crown, a minister of state or a parliamentary secretary has not observed the ethical principles, rules or obligations established by the Prime Minister for public holders office may, in writing, request that the Ethics Commissioner examine the matter. Content of request (2) The request shall identify the alleged non-observance of the ethical principles, rules or obligations established by the Prime Minister for public office holders and set out the reasonable grounds for the belief that they have not been observed. Examination (3) The Ethics Commissioner shall examine the matter described in a request and, having regard to all the circumstances of the case, may discontinue the examination. Parlement du Canada (conseiller sénatori Report (4) The Ethics Commissioner shall, even if he or she discontinues the examination of a request, provide the Prime Minister with a report setting out the facts in question as well as the Ethics Commissioner’s analysis and conclusions in relation to the request. Making report available (5) The Ethics Commissioner shall, at the same time that the report is provided under subsection (4), provide a copy to the member who made the request — and the minister or parliamentary secretary who is the subject of the request — and make the report available to the public. Confidentiality (6) The Ethics Commissioner may not include in the report any information that he or she is required to keep confidential. Presentation of views 72.09 Before providing confidential advice under paragraph 72.07(b) or a report under subsection 72.08(4), the Ethics Commissioner shall provide the public office holder concerned with a reasonable opportunity to present his or her views. Powers 72.1 (1) For the purposes of paragraph 72.07(b) and section 72.08, the Ethics Commissioner has the power to summon witnesses and require them (a) to give evidence — orally or in writing — on oath or, if they are persons entitled to affirm in civil matters, on solemn affirmation; and (b) to produce any documents and things that the Ethics Commissioner considers necessary. Enforcement (2) The Ethics Commissioner has the same power to enforce the attendance of witnesses and to compel them to give evidence as a court of record in civil cases. Powers exercised in private (3) The powers referred to in subsections (1) and (2) shall be exercised in private. Inadmissibility (4) Information given by a person under this section is inadmissible against the person in a court or in any proceeding, other than in a prosecution of the person for an offence under section 131 of the Criminal Code (perjury) in respect of a statement made to the Ethics Commissioner. �� Confidentiality C. 7 Parliament of Canada (Ethics Comm (5) The Ethics Commissioner, and every person acting on behalf or under the direction of the Ethics Commissioner, may not disclose any information that comes to their knowledge in the performance of their duties and functions under this section, unless (a) the disclosure is, in the opinion of the Ethics Commissioner, essential for the purposes of this section; or (b) the information is disclosed in the course of a prosecution for an offence under section 131 of the Criminal Code (perjury) in respect of a statement made to the Ethics Commissioner. Suspension of examination 72.11 (1) The Ethics Commissioner shall immediately suspend an examination referred to in section 72.08 if (a) the Ethics Commissioner believes on reasonable grounds that the minister or parliamentary secretary has committed an offence under an Act of Parliament in respect of the same subject matter, in which case the Ethics Commissioner shall notify the relevant authorities; or (b) it is discovered that the subject matter of the examination is also the subject matter of an investigation to determine whether an offence referred to in paragraph (a) has been committed or that a charge has been laid in respect of that subject matter. Investigation continued (2) The Ethics Commissioner may not continue an examination until any investigation or charge in respect of the same subject matter has been finally disposed of. General No summons 72.12 (1) The Ethics Commissioner, or any person acting on behalf or under the direction of the Ethics Commissioner, is not a competent or compellable witness in respect of any matter coming to his or her knowledge as a result of exercising any powers or performing any duties or functions of the Ethics Commissioner under this Act. Protection (2) No criminal or civil proceedings lie against the Ethics Commissioner, or any person acting on behalf or under the direction of the Ethics Commissioner, for anything Parlement du Canada (conseiller sénatori done, reported or said in good faith in the exercise or purported exercise of any power, or the performance or purported performance of any duty or function, of the Ethics Commissioner under this Act. Clarification (3) The protection provided under subsections (1) and (2) does not limit any powers, privileges, rights and immunities that the Ethics Commissioner may otherwise enjoy. Annual reports 72.13 (1) Within three months after the end of each fiscal year, the Ethics Commissioner (a) shall submit a report on his or her activities under section 72.05 for that year to the Speaker of the House of Commons, who shall table the report in that House; and (b) shall submit a report on his or her activities under sections 72.07 and 72.08 for that year to the Speaker of the Senate and the Speaker of the House of Commons, who shall each table the report in the House over which he or she presides. Confidentiality (2) The Ethics Commissioner may not include in the annual reports any information that he or she is required to keep confidential. CONSEQUENTIAL AMENDMENTS R.S., c. A-1 Access to Information Act 1995, c. 12, s. 8 5. Schedule I to the Access to Information Act is amended by striking out the following under the heading ‘‘Other Government Institutions’’: Ethics Counsellor Conseiller en éthique R.S., c. C-10 Canada Post Corporation Act 6. Subsection 35(2) of the Canada Post Corporation Act is amended by striking out the word ‘‘or’’ at the end of paragraph (b), by adding the word ‘‘or’’ at the end of paragraph (c) and by adding the following after paragraph (c): (d) the Ethics Commissioner or Senate Ethics Officer �� C. 7 Parliament of Canada (Ethics Comm R.S., c. F-7 Federal Court Act 1990, c. 8, s. 1(4) 7. Subsection 2(2) of the Federal Court Act is replaced by the following: Senate and House of Commons (2) For greater certainty, the expression ‘‘federal board, commission or other tribunal’’, as defined in subsection (1), does not include the Senate, the House of Commons, any committee or member of either House, the Senate Ethics Officer or the Ethics Commissioner. R.S., c. F-11 Financial Administration Act R.S., c. 1 (4th Supp.), s. 25 8. (1) Paragraph (c) of the definition ‘‘appropriate minister’’ in section 2 of the Financial Administration Act is replaced by the following: (c) with respect to the Senate and the office of the Senate Ethics Officer, the Speaker of the Senate, with respect to the House of Commons, the Board of Internal Economy, with respect to the office of the Ethics Commissioner, the Speaker of the House of Commons, and with respect to the Library of Parliament, the Speakers of the Senate and the House of Commons, (2) Paragraph (c) of the definition ‘‘department’’ in section 2 of the Act is replaced by the following: (c) the staffs of the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer and office of the Ethics Commissioner, and R.S., c. G-2 Garnishment, Attachment and Pension Diversion Act 9. The heading ‘‘SENATE, HOUSE OF COMLIBRARY OF PARLIAMENT’’ before section 16 of the Garnishment, Attachment and Pension Diversion Act is replaced by the following: MONS AND Parlement du Canada (conseiller sénatori SENATE, HOUSE OF COMMONS, LIBRARY OF PARLIAMENT, OFFICE OF THE SENATE ETHICS OFFICER AND OFFICE OF THE ETHICS COMMISSIONER 10. The portion of paragraph (b) of the definition ‘‘salary’’ in section 16 of the Act before subparagraph (i) is replaced by the following: (b) in the case of the staff of the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Ethics Commissioner or the staff of members of the Senate or House of Commons, or in the case of any other person paid out of moneys appropriated by Parliament for use by the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Ethics Commissioner, 11. The portion of section 17 of the Act before paragraph (a) is replaced by the following: Garnishment of salaries, remuneration 17. The Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer and office of the Ethics Commissioner are, subject to this Division and any regulation made under it, bound by provincial garnishment law in respect of 1997, c. 1, s. 29 12. Sections 18 and 19 of the Act are replaced by the following: Service binding 18. (1) Subject to this Division, service on the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Ethics Commissioner of a garnishee summons, together with a copy of the judgment or order against the debtor and an application in the prescribed form, binds the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Ethics Commissioner, as the case may be, fifteen days after the day on which those documents are served. �� C. 7 Parliament of Canada (Ethics Comm When service is effective (2) A garnishee summons served on the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Ethics Commissioner is of no effect unless it is served on the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Ethics Commissioner, as the case may be, in the first thirty days following the first day on which it could have been validly served on the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Ethics Commissioner, as the case may be. Place of service 19. (1) Service of documents on the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Ethics Commissioner in connection with garnishment proceedings permitted by this Division must be effected at the place specified in the regulations. Method of service (2) In addition to any method of service permitted by the law of a province, service of documents on the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Ethics Commissioner under subsection (1) may be effected by registered mail, whether within or outside the province, or by any other method prescribed. Where service by registered mail (3) Where service of a document on the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Ethics Commissioner is effected by registered mail, the document shall be deemed to be served on the day of its receipt by the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Ethics Commissioner, as the case may be. 1997, c. 1, s. 30 13. Paragraphs 21(a) and (b) of the Act are replaced by the following: (a) in the case of a salary, (i) the salary to be paid on the last day of the second pay period next following the pay period in which the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of Parlement du Canada (conseiller sénatori the Ethics Commissioner, as the case may be, is bound by the garnishee summons, and (ii) where the garnishee summons has continuing effect under the law of the province, the salary to be paid on the last day of each subsequent pay period; or (b) in the case of remuneration described in paragraph 17(b), (i) the remuneration payable on the fifteenth day following the day on which the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Ethics Commissioner, as the case may be, is bound by the garnishee summons, and (ii) either (A) any remuneration becoming payable in the thirty days following the fifteenth day after the day on which the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Ethics Commissioner, as the case may be, is bound by the garnishee summons that is owing on that fifteenth day or that becomes owing in the fourteen days following that fifteenth day, or (B) where the garnishee summons has continuing effect under the law of the province, any remuneration becoming payable subsequent to the fifteenth day after the day on which the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Ethics Commissioner, as the case may be, is bound by the garnishee summons. 1997, c. 1, s. 30 14. The portion of section 22 of the Act before paragraph (b) is replaced by the following: Time period to respond to a garnishee summons 22. The Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Ethics Commissioner has the following time period within which to respond to a garnishee summons: �� C. 7 Parliament of Canada (Ethics Comm (a) in the case of a salary, fifteen days, or such lesser number of days as is prescribed, after the last day of the second pay period next following the pay period in which the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Ethics Commissioner is bound by the garnishee summons; or 1997, c. 1, s. 31 15. Section 23 of the Act is replaced by the following: Method of response 23. (1) In addition to any method of responding to a garnishee summons permitted by provincial garnishment law, the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Ethics Commissioner may respond to a garnishee summons by registered mail or by any other method prescribed. Response by registered mail (2) Where the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Ethics Commissioner responds to a garnishee summons by registered mail, the receipt issued in accordance with regulations relating to registered mail made under the Canada Post Corporation Act shall be received in evidence and is, unless the contrary is shown, proof that the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Ethics Commissioner, as the case may be, has responded to the garnishee summons. Effect of payment into court (3) A payment into court by the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Ethics Commissioner under this section is a good and sufficient discharge of liability, to the extent of the payment. Recovery of overpayment to debtor (4) Where, in honouring a garnishee summons, the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Ethics Commissioner, through error, pays to a debtor by way of salary or remuneration an amount in excess of the amount that it should have paid to that debtor, the excess becomes a debt due to the Senate, House of Commons, Library of Parlia2004 Parlement du Canada (conseiller sénatori ment, office of the Senate Ethics Officer or office of the Ethics Commissioner, as the case may be, by that debtor and may be recovered from the debtor at any time by set-off against future moneys payable to the debtor as salary or remuneration. 16. Paragraph 24(a) of the Act is replaced by the following: (a) specifying the place where service of documents on the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Ethics Commissioner must be effected in connection with garnishment proceedings permitted by this Division; 17. Section 26 of the Act is replaced by the following: No execution R.S., c. G-5 26. No execution shall issue on a judgment given against the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Ethics Commissioner in garnishment proceedings permitted by this Part. Government Employees Compensation Act 18. Paragraph (e) of the definition ‘‘employee’’ in section 2 of the Government Employees Compensation Act is replaced by the following: (e) any officer or employee of the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Ethics Commissioner; R.S., c. 44 (4th Supp.) Lobbyists Registration Act 1995, c. 12, s. 1(2) 19. The definition ‘‘Ethics Counsellor’’ in subsection 2(1) of the Lobbyists Registration Act is repealed. 1995, c. 12, s. 5 20. Subsection 10(1) of the Act is replaced by the following: Interpretation bulletins 10. (1) The registrar may issue advisory opinions and interpretation bulletins with respect to the enforcement, interpretation or application of this Act other than under sections 10.2 to 10.6. �� 1995, c. 12, s. 5 C. 7 Parliament of Canada (Ethics Comm 21. Section 10.1 of the Act is repealed. 1995, c. 12, s. 5 22. (1) Subsection 10.2(1) of the Act is replaced by the following: Lobbyists’ Code of Conduct 10.2 (1) The registrar shall develop a Lobbyists’ Code of Conduct respecting the activities described in subsections 5(1), 6(1) and 7(1). 1995, c. 12, s. 5 (2) Subsection 10.2(2) of the English version of the Act is replaced by the following: Consultation (2) In developing the Code, the registrar shall consult persons and organizations that the registrar considers are interested in the Code. 1995, c. 12, s. 5 23. Sections 10.4 to 10.6 of the Act are replaced by the following: Investigation of breaches 10.4 (1) Where the registrar believes on reasonable grounds that a person has breached the Code, the registrar shall investigate to determine whether a breach has occurred. Powers of investigation (2) For the purpose of conducting the investigation, the registrar may (a) in the same manner and to the same extent as a superior court of record, (i) summon and enforce the attendance of persons before the registrar and compel them to give oral or written evidence on oath, and (ii) compel persons to produce any documents or other things that the registrar considers necessary for the investigation, including any record of a payment received, disbursement made or expense incurred by an individual who is required to file a return under subsection 5(1) or 6(1) or by an individual who, in accordance with paragraph 7(3)(f), is named in a return filed under subsection 7(1), in respect of any matter referred to in any of subparagraphs 5(1)(a)(i) to (vi) or paragraphs 6(1)(a) to (e) or 7(1)(a) to (e), as the case may be; and (b) administer oaths and receive and accept information, whether or not it would be admissible as evidence in a court of law. Parlement du Canada (conseiller sénatori Investigation in private (3) The investigation shall be conducted in private. Evidence in other proceedings (4) Evidence given by a person in the investigation and evidence of the existence of the investigation are inadmissible against the person in a court or in any other proceeding, other than in a prosecution of a person for an offence under section 131 of the Criminal Code (perjury) in respect of a statement made to the registrar. Opportunity to present views (5) Before finding that a person has breached the Code, the registrar shall give the person a reasonable opportunity to present their views to the registrar. Confidentiality (6) The registrar, and every person acting on behalf of or under the direction of the registrar, may not disclose any information that comes to their knowledge in the performance of their duties and functions under this section, unless (a) the disclosure is, in the opinion of the registrar, necessary for the purpose of conducting an investigation under this section or establishing the grounds for any findings or conclusions contained in a report under section 10.5; or (b) the information is disclosed in a report under section 10.5 or in the course of a prosecution for an offence under section 131 of the Criminal Code (perjury) in respect of a statement made to the registrar. Report 10.5 (1) After conducting an investigation, the registrar shall prepare a report of the investigation, including the findings, conclusions and reasons for the registrar’s conclusions, and submit it to the Registrar General of Canada who shall cause a copy of it to be laid before each House of Parliament on any of the first fifteen sitting days on which that House is sitting after it is received. Contents of report (2) The report may contain details of any payment received, disbursement made or expense incurred by an individual who is required to file a return under subsection 5(1) or 6(1) or by an individual who, in accordance with paragraph 7(3)(f), is named in a return filed under subsection 7(1), in respect of any matter referred to in any of subparagraphs 5(1)(a)(i) to (vi) or paragraphs 6(1)(a) to (e) or �� Annual report 1995, c. 12, s. 6 Annual report R.S., c. 15 (4th Supp.) 1989, c. 7, s. 1 C. 7 Parliament of Canada (Ethics Comm 7(1)(a) to (e), as the case may be, if the registrar considers publication of the details to be in the public interest. 10.6 The registrar shall, within three months after the end of each fiscal year, prepare a report with regard to the exercise of the powers, duties and functions conferred on the registrar under this Act during the fiscal year and submit the report to the Registrar General of Canada who shall cause a copy of it to be laid before each House of Parliament on any of the first fifteen sitting days on which that House is sitting after it is received. 24. Subsection 11(1) of the Act is replaced by the following: 11. (1) The registrar shall, within three months after the end of each fiscal year, prepare a report with regard to the administration of this Act, other than sections 10.2 to 10.6, during that fiscal year and submit the report to the Registrar General of Canada. Non-smokers’ Health Act 25. Paragraph (c) of the definition ‘‘employer’’ in subsection 2(1) of the Non-smokers’ Health Act is replaced by the following: (c) the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Ethics Commissioner, in relation to employees thereof or employees of a committee of the Senate or House of Commons, as the case may be, or R.S., c. 31 (4th Supp.) Official Languages Act 26. The definition ‘‘federal institution’’ in subsection 3(1) of the Official Languages Act is amended by adding the following after paragraph (c): (c.1) the office of the Senate Ethics Officer and the office of the Ethics Commissioner, Parlement du Canada (conseiller sénatori 27. Section 33 of the Act is replaced by the following: Regulations 33. The Governor in Council may make any regulations that the Governor in Council deems necessary to foster actively communications with and services from offices or facilities of federal institutions — other than the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Ethics Commissioner — in both official languages, where those communications and services are required under this Part to be provided in both official languages. 28. (1) The portion of subsection 38(1) of the Act before paragraph (a) is replaced by the following: Regulations 38. (1) The Governor in Council may make regulations in respect of federal institutions, other than the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Ethics Commissioner, (2) Paragraph 38(2)(b) of the English version of the Act is replaced by the following: (b) substituting, with respect to any federal institution other than the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Ethics Commissioner, a duty in relation to the use of the official languages of Canada in place of a duty under section 36 or the regulations made under subsection (1), �� C. 7 Parliament of Canada (Ethics Comm having regard to the equality of status of both official languages, where there is a demonstrable conflict between the duty under section 36 or the regulations and the mandate of the institution. 29. Subsection 46(1) of the Act is replaced by the following: Responsibilities of Treasury Board 46. (1) The Treasury Board has responsibility for the general direction and coordination of the policies and programs of the Government of Canada relating to the implementation of Parts IV, V and VI in all federal institutions other than the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer and office of the Ethics Commissioner. 30. Paragraph 93(a) of the Act is replaced by the following: (a) prescribing anything that the Governor in Council considers necessary to effect compliance with this Act in the conduct of the affairs of federal institutions other than the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Ethics Commissioner; and R.S., c. 33 (2nd Supp.) Parliamentary Employment and Staff Relations Act 31. The long title of the Parliamentary Employment and Staff Relations Act is replaced by the following: An Act respecting employment and employer and employee relations in the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer and office of the Ethics Commissioner 32. Paragraph 2(a) of the Act is replaced by the following: (a) the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Ethics Commissioner, and Parlement du Canada (conseiller sénatori 33. The definition ‘‘employer’’ in section 3 of the Act is amended by striking out the word ‘‘or’’ at the end of paragraph (b) and by adding the following after paragraph (c): (d) the office of the Senate Ethics Officer as represented by the Ethics Officer, or (e) the office of the Ethics Commissioner as represented by the Ethics Commissioner; 34. Section 85 of the Act is amended by striking out the word ‘‘or’’ at the end of paragraph (c) and by adding the following after paragraph (c): (c.1) the office of the Senate Ethics Officer as represented by the Ethics Officer; (c.2) the office of the Ethics Commissioner as represented by the Ethics Commissioner; or R.S., c. P-21 Privacy Act 1995, c. 12, s. 11 35. The schedule to the Privacy Act is amended by striking out the following under the heading ‘‘Other Government Institutions’’: Ethics Counsellor Conseiller en éthique �� C. 7 Parliament of Canada (Ethics Comm R.S., c. P-36 Public Service Superannuation Act 1996, c. 18, s. 21 36. The definition ‘‘Public Service’’ in subsection 3(1) of the Public Service Superannuation Act is replaced by the following: ‘‘Public Service’’ « fonction publique » ‘‘Public Service’’ means the several positions in or under any department or portion of the executive government of Canada, except those portions of departments or portions of the executive government of Canada prescribed by the regulations and, for the purposes of this Part, of the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer and office of the Ethics Commissioner and any board, commission, corporation or portion of the public service of Canada specified in Schedule I; R.S., c. R-2; 1989, c. 17, s. 2 Radiocommunication Act 1989, c. 17, s. 4 37. (1) Subsection 3(1) of the Radiocommunication Act is replaced by the following: Application to Her Majesty and Parliament 3. (1) Subject to subsection (2), this Act is binding on Her Majesty in right of Canada, on the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer and office of the Ethics Commissioner and on Her Majesty in right of a province. 1989, c. 17, s. 4 (2) The portion of subsection 3(2) of the Act before paragraph (a) is replaced by the following: Exemptions (2) The Governor in Council may by order exempt Her Majesty in right of Canada, or the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Ethics Commissioner, as represented by the person or persons named in the order, from any or all provisions of this Act or the regulations, and such an exemption may be Parlement du Canada (conseiller sénatori COORDINATING AMENDMENTS 2002, c. 8 R.S., c. F-7; 2002, c. 8, s. 14 38. If section 14 of the Courts Administration Service Act comes into force before section 7 of this Act, then section 7 of this Act and the heading before it are replaced by the following: Federal Courts Act 1990, c. 8, s. 1(4) 7. Subsection 2(2) of the Federal Courts Act is replaced by the following: Senate and House of Commons (2) For greater certainty, the expression ‘‘federal board, commission or other tribunal’’, as defined in subsection (1), does not include the Senate, the House of Commons, any committee or member of either House, the Senate Ethics Officer or the Ethics Commissioner. Bill C-15 39. (1) If Bill C-15, introduced in the 2nd session of the 37th Parliament and entitled An Act to amend the Lobbyists Registration Act (the ‘‘other Act’’), receives royal assent, then the provisions mentioned in subsections (2) to (4) are amended as provided in those subsections. (2) On the later of the coming into force of section 8 of the other Act and subsection 22(1) of this Act, subsection 10.2(1) of the Lobbyists Registration Act is replaced by the following: Lobbyists’ Code of Conduct 10.2 (1) The registrar shall develop a Lobbyists’ Code of Conduct respecting the activities described in subsections 5(1) and 7(1). (3) On the later of the coming into force of section 10 of the other Act and section 23 of this Act, (a) subparagraph 10.4(2)(a)(ii) of the Lobbyists Registration Act is replaced by the following: �� C. 7 Parliament of Canada (Ethics Comm (ii) compel persons to produce any documents or other things that the registrar considers necessary for the investigation, including any record of a payment received, disbursement made or expense incurred by an individual who is required to file a return under subsection 5(1) or by an employee who, in accordance with paragraph 7(3)(f) or (f.1), is named in a return filed under subsection 7(1), in respect of any matter referred to in any of subparagraphs 5(1)(a)(i) to (vi) or 7(1)(a)(i) to (v), as the case may be; and (b) subsection 10.4(6) of the Lobbyists Registration Act is amended by striking out the word ‘‘or’’ at the end of paragraph (a), by adding the word ‘‘or’’ at the end of paragraph (b) and by adding the following after paragraph (b): (c) the registrar believes on reasonable grounds that the disclosure is necessary for the purpose of advising a peace officer having jurisdiction to investigate an alleged offence under this or any other Act of Parliament or of the legislature of a province. (c) section 10.4 of the Lobbyists Registration Act is amended by adding the following after subsection (6): Advice to peace officers (7) If, during the course of performing duties and functions under this section, the registrar believes on reasonable grounds that a person has committed an offence under this or any other Act of Parliament or of the legislature of a province, the registrar shall advise a peace officer having jurisdiction to investigate the alleged offence. Suspension of investigation (8) The registrar must immediately suspend an investigation under this section of an alleged breach of the Code by any person if (a) the registrar believes on reasonable grounds that the person has committed an offence under this or any other Act of Parliament or of the legislature of a prov2004 Parlement du Canada (conseiller sénatori ince in respect of the same subject-matter; or (b) it is discovered that the subject-matter of the investigation under this section is also the subject-matter of an investigation to determine whether an offence referred to in paragraph (a) has been committed or that a charge has been laid with respect to that subject-matter. Investigation continued (9) The registrar may not continue an investigation under this section until any investigation or charge regarding the same subject-matter has been finally disposed of. (4) On the later of the coming into force of section 11 of the other Act and section 23 of this Act, subsection 10.5(2) of the Lobbyists Registration Act is replaced by the following: Contents of report (2) The report may contain details of any payment received, disbursement made or expense incurred by an individual who is required to file a return under subsection 5(1) or by an employee who, in accordance with paragraph 7(3)(f) or (f.1), is named in a return filed under subsection 7(1), in respect of any matter referred to in any of subparagraphs 5(1)(a)(i) to (vi) or 7(1)(a)(i) to (v), as the case may be, if the registrar considers publication of the details to be in the public interest. Bill C-22 40. (1) If Bill C-22, introduced in the 2nd session of the 37th Parliament and entitled An Act to amend the Divorce Act, the Family Orders and Agreements Enforcement Assistance Act, the Garnishment, Attachment and Pension Diversion Act and the Judges Act and to amend other Acts in consequence (the ‘‘other Act’’), receives royal assent, then the provisions mentioned in subsections (2) to (6) are amended as provided in those subsections. (2) On the later of the coming into force of section 48 of the other Act and section 12 of this Act, section 19 of the French version of the Garnishment, Attachment and Pension Diversion Act is replaced by the following: �� C. 7 Parliament of Canada (Ethics Comm Lieu de la signification 19. (1) Les documents relatifs à une saisiearrêt prévue par la présente section doivent être signifiés au Sénat, à la Chambre des communes, à la bibliothèque du Parlement, au bureau du conseiller sénatorial en éthique ou au commissariat à l’éthique au lieu indiqué dans les règlements. Modes de signification (2) En plus des modes de signification prévus par le droit d’une province, la signification de documents prévue au paragraphe (1) peut se faire soit par courrier recommandé, à l’intérieur ou à l’extérieur de la province, soit de toute autre manière réglementaire. Date de signification (3) La date de la signification de tout document effectuée au Sénat, à la Chambre des communes, à la bibliothèque du Parlement, au bureau du conseiller sénatorial en éthique ou au commissariat à l’éthique par courrier recommandé est celle de sa réception. (3) On the later of the coming into force of section 49 of the other Act and section 15 of this Act, section 23 of the Garnishment, Attachment and Pension Diversion Act is replaced by the following: Method of response 23. (1) In addition to any method of responding to a garnishee summons permitted by provincial garnishment law, the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Ethics Commissioner may respond to a garnishee summons by registered mail or by any other method prescribed. Response by registered mail (2) Where the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Ethics Commissioner responds to a garnishee summons by registered mail, the receipt issued in accordance with regulations relating to registered mail made under the Canada Post Corporation Act shall be received in evidence and is, unless the contrary is shown, proof that the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Ethics Commissioner, as the case may be, has responded to the garnishee summons. Parlement du Canada (conseiller sénatori Effect of payment into court (3) A payment into court by the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Ethics Commissioner under this section is a good and sufficient discharge of liability, to the extent of the payment. Effect of payment to provincial enforcement service (3.1) Where a payment to a provincial enforcement service is permitted under the provincial garnishment law of the province of a provincial enforcement service, a payment to the provincial enforcement service by the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Ethics Commissioner is a good and sufficient discharge of liability, to the extent of the payment. Recovery of overpayment to debtor (4) Where, in honouring a garnishee summons, the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Ethics Commissioner, through error, pays to a debtor by way of salary or remuneration an amount in excess of the amount that it should have paid to that debtor, the excess becomes a debt due to the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Ethics Commissioner, as the case may be, by that debtor and may be recovered from the debtor at any time by set-off against future moneys payable to the debtor as salary or remuneration. Payments to party that instituted proceedings (5) Where moneys are paid to or for the benefit of a party that instituted garnishment proceedings permitted by this Division in excess of the amount that should be paid to or for the benefit of that party, the excess becomes a debt due to the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Ethics Commissioner, as the case may be, by that party and may be recovered from the party by deduction or set-off against any moneys payable to or for the benefit of that party under this Division. (4) On the later of the coming into force of section 50 of the other Act and section 5 of this Act, section 28.2 of the Garnishment, Attachment and Pension Diversion Act is replaced by the following: �� No liability C. 7 Parliament of Canada (Ethics Comm 28.2 No action lies against Her Majesty, any Minister of the Crown in right of Canada or any officer or employee of Her Majesty, or against the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Ethics Commissioner, or any of its officers or employees, for anything done or omitted to be done, or purported to be done or omitted to be done, in good faith in the administration of this Part or the discharge of any obligation, power or duty under this Part. (5) On the later of the coming into force of section 52 of the other Act and section 5 of this Act, paragraphs 30.1(2)(a) and (b) of the Garnishment, Attachment and Pension Diversion Act are replaced by the following: (a) an officer or employee of Her Majesty, the Senate, the House of Commons, the Library of Parliament, the office of the Senate Ethics Officer or the office of the Ethics Commissioner; (b) a person hired on a contractual basis by Her Majesty, the Senate, the House of Commons, the Library of Parliament, the office of the Senate Ethics Officer or the office of the Ethics Commissioner to assist in carrying out those activities; and (6) On the later of the coming into force of section 59 of the other Act and section 5 of this Act, paragraphs 48(2)(a) and (b) of the Garnishment, Attachment and Pension Diversion Act are replaced by the following: (a) an officer or employee of Her Majesty in right of Canada, the Senate, the House of Commons, the Library of Parliament, the office of the Senate Ethics Officer or the office of the Ethics Commissioner; (b) a person hired on a contractual basis by Her Majesty in right of Canada, the Senate, the House of Commons, the Library of Parliament, the office of the Senate Ethics Officer or the office of the Ethics Commissioner to assist in carrying out those activities; and 2004 Bill C-25 Parlement du Canada (conseiller sénatori 41. (1) If Bill C-25, introduced in the 2nd session of the 37th Parliament and entitled the Public Service Modernization Act (the ‘‘other Act’’), receives royal assent, then the provisions mentioned in subsections (2) and (3) are amended as provided in those subsections. (2) If section 210 of the other Act comes into force before or at the same time as section 36 of this Act, then section 36 of the English version of this Act is replaced by the following: 36. The definition ‘‘public service’’ in subsection 3(1) of the Public Service Superannuation Act is replaced by the following: ‘‘public service’’ « fonction publique » ‘‘public service’’ means the several positions in or under any department or portion of the executive government of Canada, except those portions of departments or portions of the executive government of Canada prescribed by the regulations and, for the purposes of this Part, of the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer and office of the Ethics Commissioner and any board, commission, corporation or portion of the federal public administration specified in Schedule I; (3) If section 210 of the other Act comes into force after section 36 of this Act, then section 210 of the other Act is replaced by the following: 1996, c. 18, s. 21 210. The definition ‘‘Public Service’’ in subsection 3(1) of the English version of the Act is replaced by the following: ‘‘public service’’ « fonction publique » ‘‘public service’’ means the several positions in or under any department or portion of the executive government of Canada, except those portions of departments or portions of the executive government of Canada prescribed by the regulations and, for the purposes of this Part, of the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer and office of the Ethics Commissioner and any board, commission, corporation or portion of the federal public administration specified in Schedule I; �� C. 7 Parliament of Canada (Ethics Comm COMING INTO FORCE Order 42. The provisions of this Act, other than sections 38 to 41, come into force on a day or days to be fixed by order of the Governor in Council. Published under authority of the Speaker of the House of Commons Available from: ������������� ����������������� ���������� ���������� Ottawa, Canada K1A 0S9 ��������� ����� ������������� ����������������� ���������� ����������� ������� ������� ��� ���

Third Session, Thirty-seventh Parliament, 52-53 Elizabeth II, 2004 STATUTES OF CANADA 2004 CHAPTER 3 An Act to amend the Criminal Code (capital markets fraud and evidence-gathering) BILL C-13 ASSENTED TO 29th MARCH, 2004 SUMMARY This enactment amends the Criminal Code by creating a new offence of prohibited insider trading and creating a new offence to prohibit threatening or retaliating against employees for disclosing unlawful conduct. The enactment increases the maximum penalties and codifies aggravating and non-mitigating sentencing factors for fraud and certain related offences and provides for concurrent jurisdiction for the Attorney General of Canada to prosecute those offences. The enactment also creates a new procedural mechanism by which persons will be required to produce documents, data or information in specific circumstances. ��� ������������� ������������ ��� ��������� �� ��� ������������� �������� ������������� �� ��� ��������� �������� ��������������������� 52-53 ELIZABETH II CHAPTER 3 An Act to amend the Criminal Code (capital markets fraud and evidence-gathering) [Assented to 29th March, 2004] Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: R.S., c. C-46 CRIMINAL CODE 2001, c. 41, s. 2(1) 1. (1) Paragraph (a) of the definition ‘‘Attorney General’’ in section 2 of the Criminal Code is replaced by the following: (a) subject to paragraphs (c) to (g), with respect to proceedings to which this Act applies, means the Attorney General or Solicitor General of the province in which those proceedings are taken and includes his or her lawful deputy, (2) The definition ‘‘Attorney General’’ in section 2 of the Act is amended by striking out the word ‘‘and’’ at the end of paragraph (e), by adding the word ‘‘and’’ at the end of paragraph (f) and by adding the following after paragraph (f): 1994, c. 44, s. 25(1) (g) with respect to proceedings in relation to an offence referred to in sections 380, 382, 382.1 and 400, means either the Attorney General of Canada or the Attorney General or Solicitor General of the province in which those proceedings are taken and includes the lawful deputy of any of them; 2. (1) Paragraph 380(1)(a) of the Act is replaced by the following: (a) is guilty of an indictable offence and liable to a term of imprisonment not exceeding fourteen years, where the subject-matter of the offence is a testamentary instrument or the value of the subject-mat� C. 3 Criminal Code (capital markets ter of the offence exceeds five thousand dollars; or (2) Subsection 380(2) of the Act is replaced by the following: Affecting public market (2) Every one who, by deceit, falsehood or other fraudulent means, whether or not it is a false pretence within the meaning of this Act, with intent to defraud, affects the public market price of stocks, shares, merchandise or anything that is offered for sale to the public is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years. 3. The Act is amended by adding the following after section 380: Sentencing — aggravating circumstances 380.1 (1) Without limiting the generality of section 718.2, where a court imposes a sentence for an offence referred to in sections 380, 382, 382.1 and 400, it shall consider the following as aggravating circumstances: (a) the value of the fraud committed exceeded one million dollars; (b) the offence adversely affected, or had the potential to adversely affect, the stability of the Canadian economy or financial system or any financial market in Canada or investor confidence in such a financial market; (c) the offence involved a large number of victims; and (d) in committing the offence, the offender took advantage of the high regard in which the offender was held in the community. Non-mitigating factors (2) The court shall not consider as mitigating circumstances the offender’s employment, employment skills or status or reputation in the community if those circumstances were relevant to, contributed to, or were used in the commission of the offence. 4. The portion of section 382 of the Act after paragraph (c) is replaced by the following: Code criminel (fraude sur les marchés fina is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years. 5. The Act is amended by adding the following after section 382: Prohibited insider trading 382.1 (1) A person is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years who, directly or indirectly, buys or sells a security, knowingly using inside information that they (a) possess by virtue of being a shareholder of the issuer of that security; (b) possess by virtue of, or obtained in the course of, their business or professional relationship with that issuer; (c) possess by virtue of, or obtained in the course of, a proposed takeover or reorganization of, or amalgamation, merger or similar business combination with, that issuer; (d) possess by virtue of, or obtained in the course of, their employment, office, duties or occupation with that issuer or with a person referred to in paragraphs (a) to (c); or (e) obtained from a person who possesses or obtained the information in a manner referred to in paragraphs (a) to (d). Tipping (2) Except when necessary in the course of business, a person who knowingly conveys inside information that they possess or obtained in a manner referred to in subsection (1) to another person, knowing that there is a risk that the person will use the information to buy or sell, directly or indirectly, a security to which the information relates, or that they may convey the information to another person who may buy or sell such a security, is guilty of � C. 3 Criminal Code (capital markets (a) an indictable offence and liable to imprisonment for a term not exceeding five years; or (b) an offence punishable on summary conviction. Saving (3) For greater certainty, an act is not an offence under this section if it is authorized or required, or is not prohibited, by any federal or provincial Act or regulation applicable to it. Definition of ‘‘inside information’’ (4) In this section, ‘‘inside information’’ means information relating to or affecting the issuer of a security or a security that they have issued, or are about to issue, that (a) has not been generally disclosed; and (b) could reasonably be expected to significantly affect the market price or value of a security of the issuer. 6. The Act is amended by adding the following after section 425: Threats and retaliation against employees 425.1 (1) No employer or person acting on behalf of an employer or in a position of authority in respect of an employee of the employer shall take a disciplinary measure against, demote, terminate or otherwise adversely affect the employment of such an employee, or threaten to do so, (a) with the intent to compel the employee to abstain from providing information to a person whose duties include the enforcement of federal or provincial law, respecting an offence that the employee believes has been or is being committed contrary to this or any other federal or provincial Act or regulation by the employer or an officer or employee of the employer or, if the employer is a corporation, by one or more of its directors; or (b) with the intent to retaliate against the employee because the employee has provided information referred to in paragraph (a) to a person whose duties include the enforcement of federal or provincial law. 2004 Punishment Code criminel (fraude sur les marchés fina (2) Any one who contravenes subsection (1) is guilty of (a) an indictable offence and liable to imprisonment for a term not exceeding five years; or (b) an offence punishable on summary conviction. 7. The Act is amended by adding the following after section 487.01: Definitions 487.011 The following definitions apply in sections 487.012 to 487.017. ‘‘data’’ « données » ‘‘data’’ has the same meaning as in subsection 342.1(2). ‘‘document’’ « document » ‘‘document’’ means any medium on which is recorded or marked anything that is capable of being read or understood by a person or a computer system or other device. Production order 487.012 (1) A justice or judge may order a person, other than a person under investigation for an offence referred to in paragraph (3)(a), (a) to produce documents, or copies of them certified by affidavit to be true copies, or to produce data; or (b) to prepare a document based on documents or data already in existence and produce it. Production to peace officer (2) The order shall require the documents or data to be produced within the time, at the place and in the form specified and given (a) to a peace officer named in the order; or (b) to a public officer named in the order, who has been appointed or designated to administer or enforce a federal or provincial law and whose duties include the enforcement of this or any other Act of Parliament. Conditions for issuance of order (3) Before making an order, the justice or judge must be satisfied, on the basis of an ex parte application containing information on oath in writing, that there are reasonable grounds to believe that (a) an offence against this Act or any other Act of Parliament has been or is suspected to have been committed; � C. 3 Criminal Code (capital markets (b) the documents or data will afford evidence respecting the commission of the offence; and (c) the person who is subject to the order has possession or control of the documents or data. Terms and conditions (4) The order may contain any terms and conditions that the justice or judge considers advisable in the circumstances, including terms and conditions to protect a privileged communication between a lawyer and their client or, in the province of Quebec, between a lawyer or a notary and their client. Power to revoke, renew or vary order (5) The justice or judge who made the order, or a judge of the same territorial division, may revoke, renew or vary the order on an ex parte application made by the peace officer or public officer named in the order. Application (6) Sections 489.1 and 490 apply, with any modifications that the circumstances require, in respect of documents or data produced under this section. Probative force of copies (7) Every copy of a document produced under this section, on proof by affidavit that it is a true copy, is admissible in evidence in proceedings under this or any other Act of Parliament and has the same probative force as the original document would have if it had been proved in the ordinary way. Return of copies (8) Copies of documents produced under 3 this section need not be returned. Production order — financial or commercial information 487.013 (1) A justice or judge may order a financial institution, as defined in section 2 of the Bank Act, or a person or entity referred to in section 5 of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act, unless they are under investigation for an offence referred to in paragraph (4)(a), to produce in writing the account number of a person named in the order or the name of a person whose account number is specified in the order, the status and type of the account, and the date on which it was opened or closed. Code criminel (fraude sur les marchés fina Identification of person named in the order (2) For the purpose of confirming the identity of the person named in the order or whose account number is specified in the order, the production order may require the financial institution, person or entity to produce that person’s date of birth, current address and any previous addresses. Production to peace officer (3) The order shall require the information to be produced within the time, at the place and in the form specified and given (a) to a peace officer named in the order; or (b) to a public officer named in the order, who has been appointed or designated to administer or enforce a federal or provincial law and whose duties include the enforcement of this or any other Act of Parliament. Conditions for issuance of order (4) Before making an order, the justice or judge must be satisfied, on the basis of an ex parte application containing information on oath in writing, that there are reasonable grounds to suspect that (a) an offence against this Act or any other Act of Parliament has been or will be committed; (b) the information will assist in the investigation of the offence; and (c) the institution, person or entity that is subject to the order has possession or control of the information. Terms and conditions (5) The order may contain any terms and conditions that the justice or judge considers advisable in the circumstances, including terms and conditions to protect a privileged communication between a lawyer and their client or, in the province of Quebec, between a lawyer or a notary and their client. Power to revoke, renew or vary order (6) The justice or judge who made the order, or a judge of the same territorial division, may revoke, renew or vary the order on an ex parte application made by the peace officer or public officer named in the order. � C. 3 Criminal Code (capital markets Power of peace officer 487.014 (1) For greater certainty, no production order is necessary for a peace officer or public officer enforcing or administering this or any other Act of Parliament to ask a person to voluntarily provide to the officer documents, data or information that the person is not prohibited by law from disclosing. Application of section 25 (2) A person who provides documents, data or information in the circumstances referred to in subsection (1) is deemed to be authorized to do so for the purposes of section 25. Application for exemption 487.015 (1) A person named in an order made under section 487.012 and a financial institution, person or entity named in an order made under section 487.013 may, before the order expires, apply in writing to the judge who issued the order, or a judge of the same territorial division as the judge or justice who issued the order, for an exemption from the requirement to produce any document, data or information referred to in the order. Notice (2) A person, financial institution or entity may only make an application under subsection (1) if they give notice of their intention to do so to the peace officer or public officer named in the order, within 30 days after it is made. Order suspended (3) The execution of a production order is suspended in respect of any document, data or information referred to in the application for exemption until a final decision is made in respect of the application. Exemption (4) The judge may grant the exemption if satisfied that (a) the document, data or information would disclose information that is privileged or otherwise protected from disclosure by law; (b) it is unreasonable to require the applicant to produce the document, data or information; or Code criminel (fraude sur les marchés fina (c) the document, data or information is not in the possession or control of the applicant. Self-incrimination 487.016 No person is excused from complying with an order made under section 487.012 or 487.013 on the ground that the document, data or information referred to in the order may tend to incriminate them or subject them to any proceeding or penalty, but no document prepared by an individual under paragraph 487.012(1)(b) may be used or received in evidence against that individual in any criminal proceedings subsequently instituted against them, other than a prosecution under section 132, 136 or 137. Offence 487.017 A financial institution, person or entity who does not comply with a production order made under section 487.012 or 487.013 is guilty of an offence and liable on summary conviction to a fine not exceeding $250,000 or imprisonment for a term not exceeding six months, or to both. 1997, c. 39, s. 1 8. (1) The portion of subsection 487.3(1) of the Act before paragraph (a) is replaced by the following: Order denying access to information used to obtain a warrant or production order 487.3 (1) A judge or justice may, on application made at the time of issuing a warrant under this or any other Act of Parliament or a production order under section 487.012 or 487.013, or of granting an authorization to enter a dwelling-house under section 529 or an authorization under section 529.4 or at any time thereafter, make an order prohibiting access to and the disclosure of any information relating to the warrant, production order or authorization on the ground that 1997, c. 23, s. 14 (2) Subsection 487.3(4) of the Act is replaced by the following: Application for variance of order (4) An application to terminate the order or vary any of its terms and conditions may be made to the justice or judge who made the order or a judge of the court before which any proceedings arising out of the investigation in relation to which the warrant or production order was obtained may be held. �� C. 3 Criminal Code (capital markets COMING INTO FORCE Order 9. The provisions of this Act come into force on a day or days to be fixed by order of the Governor in Council. Published under authority of the Speaker of the House of Commons Available from: ������������� ����������������� ���������� ���������� Ottawa, Canada K1A 0S9 ��������� ����� ������������� ����������������� ���������� ����������� ������� ������� ��� ���

Third Session, Thirty-seventh Parliament, 52-53 Elizabeth II, 2004 STATUTES OF CANADA 2004 CHAPTER 22 An Act to implement certain provisions of the budget tabled in Parliament on March 23, 2004 BILL C-30 ASSENTED TO 14th MAY, 2004 RECOMMENDATION Her Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled “An Act to implement certain provisions of the budget tabled in Parliament on March 23, 2004”. SUMMARY Part 1 of this enactment amends Part I of the Federal-Provincial Fiscal Arrangements Act to authorize the Minister of Finance to make fiscal equalization payments to the provinces for each of the five fiscal years in the period beginning on April 1, 2004 and ending on March 31, 2009 and to change the manner in which those payments will be calculated. It also amends Part V.1 of that Act to increase the amount that Canada will pay under the Canada Social Transfer in respect of the fiscal year beginning on April 1, 2004 and the fiscal year beginning on April 1, 2005. Part 2 makes a consequential amendment to the Canada-Newfoundland Atlantic Accord Implementation Act. Part 3 amends the Canada Foundation for Sustainable Development Technology Act and provides for the making of certain payments to a trust, the Province of Nova Scotia, the Province of Saskatchewan, the Canada Foundation for Sustainable Development Technology and the Canada Health Infoway Inc. Part 4 amends the Canada Pension Plan to clarify the rules governing contributions to the Canada Pension Plan and refunds of amounts remitted in relation to employers’ contributions and to allow for the reinstatement of certain disability benefits. With respect to the rules governing contributions to the Canada Pension Plan, the amendments allow an employer who immediately succeeds another employer, in a year after 2003, as a result of a change in business structure to take into account amounts relating to the determination of the contributions for an employee of the predecessor employer in determining contributions for the employee of the successor employer. The amendments also provide for situations where self-employed individuals become employees of a corporation controlled by them or vice versa. Other amendments clarify the amount of annual employers’ contributions required under the Act and specify that only amounts remitted in excess of the required amount may be refunded to the employer. Those amendments are deemed to have come into force on March 18, 2003. All parliamentary publications are available on the Parliamentary Internet Parlementaire at the following address: http://www.parl.gc.ca With respect to reinstatement of disability benefits, the amendments allow for reinstatement of a disability pension that has ceased to be payable because a person has returned to work, if the person again becomes incapable of working within a two-year period after the date when payment of the pension ceased. It also provides for reinstatement of a disabled contributor’s child benefit to the child of a person whose disability pension is reinstated. Part 5 amends the Employment Insurance Act to provide the Governor in Council with the authority to set the employment insurance premium rate for 2005. It also amends that Act to effect amendments that are equivalent to those made in Part 4 to the Canada Pension Plan with respect to contributions in the event of business restructuring. Part 6 amends the Farm Credit Canada Act to increase the capital of Farm Credit Canada. Part 7 amends the Excise Tax Act to implement the 100-percent rebate of the Goods and Services Tax and the federal component of the Harmonized Sales Tax for municipalities. It also amends the Act to make certain supplies of property and services made by municipalities taxable, to introduce new rules to modify the determination of the basic tax content of property of a municipality and to provide for the public disclosure of the amount of the incremental rebate paid to individual municipalities. Those amendments generally apply as of February 1, 2004. Part 8 amends the Air Travellers Security Charge Act, the Excise Act, the Excise Act, 2001, the Excise Tax Act and the Income Tax Act to implement a uniform 10-year limitation period for the collection of amounts payable or remittable under those Acts effective as of March 4, 2004 when those amendments were first publicly proposed. It stipulates that certain collection actions or events restart or extend the limitation period. It precludes any claim because of the timing of action taken before March 4, 2004 to collect a charge debt or tax debt under those Acts. It also provides for a 10-year limitation period to begin March 4, 2004 for all amounts unpaid or unremitted under those Acts on that date. In addition, it ensures that the 10-year limitation period begins on that date for any of those amounts that would otherwise be affected by a court order made after March 3, 2004 and before the amendments in this Part come into force, which is the day on which they receive royal assent. TABLE OF PROVISIONS BUDGET IMPLEMENTATION ACT, 2004 SHORT TITLE 1. Budget Implementation Act, 2004 PART 1 AMENDMENTS TO THE FEDERAL-PROVINCIAL FISCAL ARRANGEMENTS ACT 2-4. 5. Fiscal Equalization Payments Canada Social Transfer PART 2 AMENDMENT TO THE CANADA-NEWFOUNDLAND ATLANTIC ACCORD IMPLEMENTATION ACT 6. Canada-Newfoundland Atlantic Accord Implementation Act PART 3 7. 8. 9. GENERAL — PAYMENTS TO CERTAIN ENTITIES Payments to a Trust Payments to Nova Scotia Payment to Saskatchewan Appropriations for Grants Canada Foundation for Sustainable Development Technology 11. Canada Health Infoway Inc. 12-14. Amendments to the Canada Foundation for Sustainable Development Technology Act 10. PART 4 AMENDMENTS TO THE CANADA PENSION PLAN 15-22. Canada Pension Plan 23. Transitional 24. Coming into Force PART 5 AMENDMENTS TO THE EMPLOYMENT INSURANCE ACT 25-27. Employment Insurance Act i PART 6 AMENDMENT TO THE FARM CREDIT CANADA ACT 28. Farm Credit Canada Act PART 7 GOODS AND SERVICES TAX AND HARMONIZED SALES TAX REBATE FOR MUNICIPALITIES 29-44. Excise Tax Act PART 8 LIMITATION PERIODS FOR COLLECTION OF CHARGE DEBTS AND TAX DEBTS 45. Air Travellers Security Charge Act 46. 47. 48-49. 50. Excise Act Excise Act, 2001 Excise Tax Act Income Tax Act 52-53 ELIZABETH II —————— CHAPTER 22 An Act to implement certain provisions of the budget tabled in Parliament on March 23, 2004 [Assented to 14th May, 2004] Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: SHORT TITLE Short title 1. This Act may be cited as the Budget Implementation Act, 2004. PART 1 R.S., c. F-8; 1995, c. 17, s. 45(1) AMENDMENTS TO THE FEDERALPROVINCIAL FISCAL ARRANGEMENTS ACT Fiscal Equalization Payments 1999, c. 11, s. 1 2. Section 3 of the Federal-Provincial Fiscal Arrangements Act is replaced by the following: Fiscal equalization payments 3. Subject to the other provisions of this Act, the Minister may pay to a province for each fiscal year in the period beginning on April 1, 2004 and ending on March 31, 2009 a fiscal equalization payment not exceeding the amount computed in accordance with section 4. 1999, c. 11, s. 2(1) 3. (1) Subsections 4(1) to (1.4) of the Act are replaced by the following: C. 22 Computation of payments 4. (1) Subject to the other provisions of this Part, the fiscal equalization payment that may be paid to a province for a fiscal year is the amount determined by the Minister by the formula Budget Implem 1.10 (A + B + C)/3 where A is the greater of (a) the product obtained by multiplying (i) the aggregate of the amounts obtained by subtracting, for each revenue source, the per capita yield in that province for the revenue source for the immediately preceding fiscal year from the average per capita yield of the provinces of Ontario, Quebec, British Columbia, Manitoba and Saskatchewan for the revenue source for the immediately preceding fiscal year by (ii) the population of the province for the immediately preceding fiscal year, and (b) zero; B is the greater of (a) the product obtained by multiplying (i) the aggregate of the amounts obtained by subtracting, for each revenue source, the per capita yield in that province for the revenue source for the fiscal year two years prior to that fiscal year from the average per capita yield of the provinces of Ontario, Quebec, British Columbia, Manitoba and Saskatchewan for the revenue source for the fiscal year two years prior to that fiscal year by (ii) the population of the province for the fiscal year two years prior to that fiscal year, and (b) zero; and C is the greater of (a) the product obtained by multiplying (i) the aggregate of the amounts obtained by subtracting, for each revenue source, the per capita yield in that province for the revenue source for the fiscal year Exécution du b three years prior to that fiscal year from the average per capita yield of the provinces of Ontario, Quebec, British Columbia, Manitoba and Saskatchewan for the revenue source for the fiscal year three years prior to that fiscal year by (ii) the population of the province for the fiscal year three years prior to that fiscal year, and (b) zero. Payment for fiscal year 2004-2005 (1.1) The fiscal equalization payment that may be paid to a province for the fiscal year beginning on April 1, 2004 is the amount calculated in accordance with the former legislation. Subsections (6) and (7), as they read immediately before the coming into force of this subsection, apply to that payment as if those subsections expressly provided that they apply to it. Payment for fiscal year 2005-2006 (1.2) The fiscal equalization payment that may be paid to a province for the fiscal year beginning on April 1, 2005 is the amount determined by the Minister by the formula 2D + E where D is one third of the amount calculated in accordance with the former legislation; and E is 1.10 x A/3, where A has the same description as in subsection (1). Payment for fiscal year 2006-2007 (1.3) The fiscal equalization payment that may be paid to a province for the fiscal year beginning on April 1, 2006 is the amount determined by the Minister by the formula F+G+H where F is one third of the amount calculated in accordance with the former legislation; G is 1.10 x A/3, where A has the same description as in subsection (1); and H is 1.10 x B/3, where B has the same description as in subsection (1). C. 22 Budget Implem (2) The portion of subsection 4(2) of the Act before the definition “national average rate of tax” is replaced by the following: Definitions “former legislation” « législation antérieure » (2) In this section and in section 4.1, (3) Subsection 4(2) of the Act is amended by adding the following in alphabetical order: “former legislation” means subsection 4(1) of this Act and section 6 of the FederalProvincial Fiscal Arrangements Regulations, 1999, as this Act and those Regulations read on March 31, 2004; 1999, c. 11, s. 2(4) (4) The portion of subsection 4(6) of the Act before paragraph (a) is replaced by the following: Minimum payment to province in certain cases (6) Notwithstanding subsections (1) and (1.2) to (5) but subject to subsection (9), the fiscal equalization payment that may be paid to a province for a fiscal year beginning on or after April 1, 2005, if the province received a fiscal equalization payment for the immediately preceding fiscal year, shall not be less than the greater of 1999, c. 11, s. 2(4) (5) Subsection 4(7) of the Act is replaced by the following: Definition of “national per capita equalization standard” (7) For the purposes of this section, “national per capita equalization standard” means the average per capita yield of the provinces of Ontario, Quebec, British Columbia, Manitoba and Saskatchewan for all revenue sources. Definition of “threshold amount” (8) For the purposes of subsection (6), the “threshold amount” (a) for a fiscal year, except as otherwise provided by paragraphs (b) and (c), is the amount determined by the formula 0.016 x 1.10 x X x Y where X is one third of the sum of the national per capita equalization standard for the immediately preceding fiscal year, the national per capita equalization standard for the fiscal year two years prior to that Exécution du b fiscal year and the national per capita equalization standard for the fiscal year three years prior to that fiscal year, and Y is the least of the population of the province for the immediately preceding fiscal year, the population for the fiscal year two years prior to that fiscal year and the population for the fiscal year three years prior to that fiscal year; (b) for the fiscal year 2005-2006, is the amount determined by the formula 0.016 x X1 x Y1 where X1 is the sum of two thirds of the national per capita equalization standard for the fiscal year 2005-2006 calculated taking into account section 6 of the Federal-Provincial Fiscal Arrangements Regulations, 1999, as those Regulations read on March 31, 2004, and one third of the national per capita equalization standard for the fiscal year 2004-2005 plus 10 per cent, and Y1 is the lesser of the population of the province for the fiscal year 2004-2005 and the population for the fiscal year 2005-2006; and (c) for the fiscal year 2006-2007, the amount determined by the formula 0.016 x X2 x Y2 where X2 is the sum of one third of the national per capita equalization standard for the fiscal year 2006-2007 calculated taking into account section 6 of the Federal-Provincial Fiscal Arrangements Regulations, 1999, as those Regulations read on March 31, 2004, one third of the national per capita equalization standard for the fiscal year 2005-2006 plus 10 per cent, and one third of the national per capita equalization standard for 2004-2005 plus 10 per cent, and C. 22 Budget Implem Y2 is the least of the population of the province for the fiscal year 2004-2005, the population for the fiscal year 2005-2006 and the population for the fiscal year 2006-2007. 1994, c. 2, s. 2(3); 1999, c. 11, s. 2(6) (6) Subsections 4(10) and (11) of the Act are replaced by the following: Adjustment of revenue to be equalized (10) Subject to subsection (11), for a fiscal year in the period beginning on April 1, 1993 and ending on March 31, 2005, where a province that qualifies for a fiscal equalization payment under this Part for the fiscal year has 70 per cent or more of the revenue base for all of the provinces in the fiscal year in respect of a revenue source described in the definition “revenue source” in subsection (2) as revised or altered in accordance with subsection (3), the revenue to be equalized from that revenue source for all of the provinces for the fiscal year is an amount equal to 70 per cent of the revenue as determined before the adjustment from that revenue source for all of the provinces in respect of the fiscal year. Adjustment of revenue to be equalized (10.1) Subject to subsections (11) and (11.1), for a fiscal year beginning on or after April 1, 2005, the revenue to be equalized from a revenue source described in the definition “revenue source” in subsection (2) as revised or altered in accordance with subsection (3), for all of the provinces, derived in any of the fiscal years taken into account in the calculation of the fiscal equalization payment for that fiscal year, is an amount equal to 70 per cent of the revenue as determined before the adjustment from that revenue source for all of the provinces for any of those fiscal years taken into account, if in any of those fiscal years taken into account (a) a province has 70 per cent or more of the revenue base for all of the provinces in that fiscal year in respect of a revenue source; and (b) the aggregate of that province’s per capita yields for all revenue sources is less than the aggregate of the averages of the per capita yields for all revenue sources for the provinces of Ontario, Quebec, British Columbia, Manitoba and Saskatchewan. Exécution du b Election (11) In order for subsections (10) and (10.1), as the case may be, to apply in respect of the offshore minerals revenue included in the description set out in paragraph (z.5) of the definition “revenue source” in subsection (2) as revised or altered in accordance with subsection (3), a province that is eligible for a fiscal equalization offset payment under the CanadaNewfoundland Atlantic Accord Implementation Act, in respect of a fiscal year in the period beginning on April 1, 2004 and ending on March 31, 2007, shall make an election, in the prescribed manner, within 15 days after the Chief Statistician of Canada submits to the Minister a certificate in respect of the fiscal year for which the election is made in accordance with subsection 9(2) of the Federal-Provincial Fiscal Arrangements Regulations, 1999. Election (11.1) In order for subsection (10.1) to apply in respect of the offshore minerals revenue included in the description set out in paragraph (z.5) of the definition “revenue source” in subsection (2) as revised or altered in accordance with subsection (3), a province that is eligible for a fiscal equalization offset payment under the Canada-Newfoundland Atlantic Accord Implementation Act, in respect of a fiscal year beginning on or after April 1, 2007, shall make an election, in the prescribed manner, within 15 days after the Chief Statistician of Canada submits to the Minister a certificate in respect of the fiscal year immediately preceding the fiscal year for which the election is made, in accordance with subsection 9(2) of the FederalProvincial Fiscal Arrangements Regulations, 1999. 4. The Act is amended by adding the following after section 4: Adjustment of fiscal equalization payment 4.1 (1) Notwithstanding subsections 4(1), (1.2) and (1.3), in respect of a fiscal year beginning on or after April 1, 2005, the Minister may, on or before March 31 of that fiscal year, C. 22 Budget Implem on the request of a province made in the prescribed manner on or before March 31 of that fiscal year, adjust the fiscal equalization payment calculated under section 4 for the province for that fiscal year, if (a) the province derived, in that fiscal year, revenues from any of the revenue sources described in paragraphs (m) to (u) of the definition “revenue source” in subsection 4(2) as revised or altered in accordance with subsection 4(3); and (b) the per capita yield of that province for that revenue source was greater than the average per capita yield of the provinces of Ontario, Quebec, British Columbia, Manitoba and Saskatchewan for that revenue source in that fiscal year. Calculation of adjustment (2) The amount of the adjustment referred to in subsection (1) is equal to the estimate, calculated by March 31 of that fiscal year, of (a) the product obtained by multiplying (i) the aggregate of the amounts obtained by subtracting the per capita yield in that province for each revenue source referred to in paragraph (1)(a), and to which paragraph (1)(b) applies, for that fiscal year from the average per capita yield of the provinces of Ontario, Quebec, British Columbia, Manitoba and Saskatchewan for that revenue source for that fiscal year by (ii) the population of the province for that fiscal year minus (b) the average of the products, for each of the fiscal years taken into account in the calculation of the fiscal equalization payment for the fiscal year, obtained by multiplying (i) the aggregate of the amounts obtained by subtracting the per capita yield in that province for each revenue source referred to in paragraph (1)(a), and to which paragraph (1)(b) applies, for one of those fiscal years taken into account from the average per capita yield of the provinces of Exécution du b Ontario, Quebec, British Columbia, Manitoba and Saskatchewan for that revenue source for that fiscal year by (ii) the population of the province for that fiscal year. Negative result (3) If the amount of the adjustment in subsection (2) is negative, the Minister shall pay to the province one third of the absolute value of that amount in each of the three fiscal years immediately following the fiscal year in respect of which the adjustment is made. Positive result (4) If the amount of the adjustment in subsection (2) is positive, the Minister shall recover that amount from the province by deducting one third of that amount from the fiscal equalization payment for that province in each of the three fiscal years immediately following the fiscal year in respect of which the adjustment is made. Recovery (5) If, on March 31 of the third fiscal year after the fiscal year in which the adjustment is made, the total amount of that adjustment has not been recovered, the Minister may recover the amount remaining as a debt due to Her Majesty in right of Canada out of any sum of money that may be due or payable by Her Majesty in right of Canada to the province pursuant to this Act or any other Act of Parliament. Payment to a province 4.2 (1) Notwithstanding subsection 4(1.1), the Minister may, on the request of a province made in the prescribed manner on or before March 10, 2005, make a payment to the province for the fiscal year beginning on April 1, 2004 in an amount not greater than the amount by which (a) the estimate, calculated by March 10, 2005, of the fiscal equalization payment for that province for the fiscal year beginning on April 1, 2004 is less than (b) the estimate, calculated by March 10, 2005, of the average of the fiscal equalization payments for that province for the four fiscal years in the period beginning on April 1, 1999 and ending on March 31, 2003. C. 22 Deductions (2) Where a province has received a payment under subsection (1), the Minister shall, in the amounts prescribed in the regulations, reduce the fiscal equalization payments to the province for the fiscal years in the period beginning on April 1, 2005 and ending on March 31, 2009. If, on March 31, 2009, the total amount of that payment has not been recovered, the Minister may recover the amount remaining as a debt due to Her Majesty in right of Canada out of any sum of money that may be due or payable by Her Majesty in right of Canada to the province pursuant to this Act or any other Act of Parliament. Additional fiscal equalization payment 4.3 (1) Notwithstanding subsections 4(1.1) and (1.2), the Minister may make an additional fiscal equalization payment Budget Implem (a) in the fiscal year in which this section comes into force, (i) to Quebec, in the amount of $69,640,666.74, (ii) to Nova Scotia, in the amount of $8,674,951.83, (iii) to New Brunswick, in the amount of $6,951,991.15, (iv) to Manitoba, in the amount of $10,813,779.78, (v) to British Columbia, in the amount of $38,634,050.87, (vi) to Prince Edward Island, in the amount of $1,280,669.01, (vii) to Saskatchewan, in the amount of $9,196,695.51, and (viii) to Newfoundland and Labrador, in the amount of $4,807,195.11; and (b) in the fiscal year beginning on April 1, 2005, (i) to Quebec, in the amount of $11,613,596.18, (ii) to Nova Scotia, in the amount of $1,440,955.45, (iii) to New Brunswick, in the amount of $1,153,751.37, (iv) to Manitoba, in the amount of $1,803,392.10, Exécution du b (v) to British Columbia, in the amount of $6,454,615.15, (vi) to Prince Edward Island, in the amount of $213,406.48, (vii) to Saskatchewan, in the amount of $1,523,209.86, and (viii) to Newfoundland and Labrador, in the amount of $797,073.41. Not applicable (2) Subsections 4(6), (10) and (10.1) and section 4.1 of this Act, and sections 8 and 9 of the Federal-Provincial Fiscal Arrangements Regulations, 1999 do not apply to payments made under subsection (1). Canada Social Transfer 2003, c. 15, s. 8 5. Subparagraphs 24.4(1)(a)(ii) and (iii) of the Act are replaced by the following: (ii) $150 million for the fiscal year beginning on April 1, 2004, (iii) $8.225 billion for the fiscal year beginning on April 1, 2005, PART 2 1987, c. 3 AMENDMENT TO THE CANADANEWFOUNDLAND ATLANTIC ACCORD IMPLEMENTATION ACT 6. Section 220 of the Canada-Newfoundland Atlantic Accord Implementation Act is replaced by the following: Calculation 220. The fiscal equalization offset payment that is to be paid to Her Majesty in right of the Province for a fiscal year pursuant to section 219 is the amount, as determined by the Federal Minister, equal to the aggregate of (a) the amount, if any, by which (i) the fiscal equalization payment that may be paid to Her Majesty in right of the Province for the fiscal year under Part I of the Fiscal Arrangements Act is less than (ii) where the average of the per capita fiscal capacity of the Province for the fiscal years taken into account in the calculation of the fiscal equalization payment for that C. 22 Budget Implem fiscal year is less than or equal to 70 per cent of the average, for those fiscal years, of the national average per capita fiscal capacity, 95 per cent, (iii) where the average of the per capita fiscal capacity of the Province for the fiscal years taken into account in the calculation of the fiscal equalization payment for that fiscal year is less than or equal to 75 per cent but greater than 70 per cent of the average, for those fiscal years, of the national average per capita fiscal capacity, 90 per cent, or (iv) where the average of the per capita fiscal capacity of the Province for the fiscal years taken into account in the calculation of the fiscal equalization payment for that fiscal year is greater than 75 per cent of the average, for those fiscal years, of the national average per capita fiscal capacity, 85 per cent of the aggregate of the fiscal equalization payment that may be paid to Her Majesty in right of the Province under Part I of the Fiscal Arrangements Act for the fiscal year immediately preceding the fiscal year and the amount computed in accordance with this paragraph for the fiscal year immediately preceding the fiscal year, and (b) the phase-out portion, in respect of the fiscal year, of the amount, as determined by the Federal Minister, by which (i) the aggregate of the fiscal equalization payment that may be paid to Her Majesty in right of the Province under Part I of the Fiscal Arrangements Act for the fiscal year immediately preceding the fiscal year and the amount computed in accordance with paragraph (a) for the fiscal year immediately preceding the fiscal year is greater than (ii) the aggregate of the fiscal equalization payment that may be paid to Her Majesty in right of the Province under Part I of the Fiscal Arrangements Act for the fiscal year and the amount computed in accordance with paragraph (a) for the fiscal year. Exécution du b PART 3 GENERAL — PAYMENTS TO CERTAIN ENTITIES Payments to a Trust Payments to trust — immunization and public health 7. (1) The Minister of Finance may make direct payments, in an aggregate amount of not more than four hundred million dollars, to a trust established to provide the provinces with funding for the purposes of supporting a national immunization strategy and assisting in the enhancement of their public health capacities. Provincial share (2) The amount that may be provided to a province under this section is to be determined in accordance with the terms of the trust indenture establishing the trust referred to in subsection (1). Payments out of C.R.F. (3) Any amount payable under this section may be paid by the Minister of Finance out of the Consolidated Revenue Fund at the times and in the manner that the Minister of Finance considers appropriate. Payments to Nova Scotia Payment for 2004-2005 8. (1) For the fiscal year beginning on April 1, 2004, the Minister of Finance may make a cash payment to the Province of Nova Scotia in an amount equal to the aggregate of twenty-one million dollars and an amount equal to 20 per cent of the Province’s offshore minerals revenue for that fiscal year included in the description set out in paragraph (z.5) of the definition “revenue source” in subsection 4(2) of the Federal-Provincial Fiscal Arrangements Act. Payment for 2005-2006 (2) For the fiscal year beginning on April 1, 2005, the Minister of Finance may make a cash payment to the Province of Nova Scotia in an amount equal to 10 per cent of the Province’s offshore minerals revenue for that fiscal year included in the description set out in paragraph (z.5) of the definition “revenue source” in subsection 4(2) of the FederalProvincial Fiscal Arrangements Act. C. 22 Determination of offshore minerals revenue (3) The offshore minerals revenue of the Province of Nova Scotia for each of the fiscal years referred to in subsections (1) and (2) shall be determined by the Minister of Finance after the end of that fiscal year at the time of the final computation of the amount, if any, of the fiscal equalization payment that is payable to the Province for that fiscal year under Part I of the FederalProvincial Fiscal Arrangements Act. Payment out of C.R.F. (4) Any amount payable under subsection (1) or (2) may be paid by the Minister of Finance out of the Consolidated Revenue Fund at the time and in the manner that the Minister of Finance considers appropriate. Budget Implem Payment to Saskatchewan Payment of $120,000,000 9. (1) The Minister of Finance may make a cash payment of one hundred and twenty million dollars to the Province of Saskatchewan. Payment out of C.R.F. (2) Any amount payable under subsection (1) may be paid by the Minister of Finance out of the Consolidated Revenue Fund at the time and in the manner that the Minister of Finance considers appropriate. Appropriations for Grants Canada Foundation for Sustainable Development Technology $200,000,000 granted 10. From and out of the Consolidated Revenue Fund there may, on the requisition of the Minister of the Environment and the Minister of Natural Resources, be paid and applied a sum not exceeding two hundred million dollars for payment to the Canada Foundation for Sustainable Development Technology for its use. Canada Health Infoway Inc. $100,000,000 granted 11. From and out of the Consolidated Revenue Fund there may, on the requisition of the Minister of Health, be paid and applied a sum not exceeding one hundred million dollars for payment to the Canada Health Infoway Inc. for its use. 2004 2001, c. 23 “eligible project” « travaux admissibles » Exécution du b Amendments to the Canada Foundation for Sustainable Development Technology Act 12. The definition “eligible project” in section 2 of the Canada Foundation for Sustainable Development Technology Act is replaced by the following: “eligible project” means a project carried on, or to be carried on, primarily in Canada by an eligible recipient to develop and demonstrate new technologies to promote sustainable development, including technologies to address issues related to climate change and the quality of air, water and soil. 13. Subparagraph 11(a)(i) of the Act is replaced by the following: (i) persons engaged in the development and demonstration of technologies to promote sustainable development, including technologies to address issues related to climate change and the quality of air, water and soil, 14. Subparagraph 15(a)(i) of the Act is replaced by the following: (i) persons engaged in the development and demonstration of technologies to promote sustainable development, including technologies to address issues related to climate change and the quality of air, water and soil, C. 22 Budget Implem PART 4 AMENDMENTS TO THE CANADA PENSION PLAN R.S., c. C-8 Canada Pension Plan 15. Section 9 of the Canada Pension Plan is renumbered as subsection 9(1) and is amended by adding the following: Succession of employers (2) If, in a year after 2003, one employer immediately succeeds another as the employer of an employee as a result of the formation or dissolution of a corporation or the acquisition — with the agreement of the former employer or by operation of law — of all or part of a business of the former employer, the successor employer may, for the application of subsections (1) and 8(1) and section 21, take into account the amounts paid, deducted, remitted or contributed under this Act by the former employer in respect of the year in relation to the employment of the employee as if they had been paid, deducted, remitted or contributed by the successor employer. If the employer takes those amounts into account with respect to the employer’s contributions, the employer shall also take them into account with respect to the employee’s contributions. Selfemployment succeeded by employment (3) For the application of subsections (1) and 8(1) and section 21, if a person, in a year after 2003, is self-employed, ceases to be selfemployed and becomes an employee of a corporation controlled by the person, the corporation may (a) take into account the amount of contributory self-employed earnings of the person in the year as contributory salary and wages paid by the corporation to the employee in that year; and (b) take into account one half of the contributions by the person in respect of self-employed earnings in the year as an amount deducted, remitted or contributed in relation to employee’s contributions for that year, and one half of that amount as an amount remitted or contributed in relation to employer’s contributions for that year. Exécution du b 16. Section 10 of the Act is renumbered as subsection 10(1) and is amended by adding the following: Employment succeeded by self-employment (2) For the purpose of subsection (1), if a person, in a year after 2003, is an employee of a corporation controlled by the person, ceases to be employed by that corporation and becomes self-employed, the person may (a) take into account the amount of contributory salary and wages paid by the corporation to the employee in the year as contributory self-employed earnings of the person in the year; and (b) take into account the amounts deducted, remitted or contributed by the corporation in relation to the employee’s contributions and the employer’s contributions in respect of the person for the year as contributions by the person in respect of self-employment earnings in that year. 2001, c. 17, s. 254(1) 17. The portion of subsection 12(1) of the English version of the Act before paragraph (a) is replaced by the following: Amount of contributory salary and wages 12. (1) The amount of the contributory salary and wages of a person for a year is the person’s income for the year from pensionable employment, computed in accordance with the Income Tax Act (read without reference to subsection 7(8) of that Act), plus any deductions for the year made in computing that income otherwise than under paragraph 8(1)(c) of that Act, but does not include any such income received by the person 18. (1) Subsection 38(3) of the Act is replaced by the following: Refund of amount deducted in excess of required amount — employee (3) Despite anything in this Part, if an employee applies to the Minister and satisfies the Minister that, for any year, the amount deducted from the employee’s remuneration exceeds the contribution for the year required of the employee under subsection 8(1), the Minister may refund the amount of the excess. The application must be made within four years after the end of the year. C. 22 Refund of amount remitted in excess of required amount — employer (3.1) Subject to subsection (3.2) but despite any other provision of this Part, if an employer applies to the Minister and satisfies the Minister that, for any year, the amount remitted by the employer as employer’s contributions with respect to an employee exceeds the contribution for the year required of the employer under section 9 with respect to the employee, the Minister may refund the amount of the excess. The application must be made within four years after the end of the year. No refund of employers’ contributions (3.2) No refund may be made of any contribution required to be made as an employer’s contribution under section 9. Budget Implem (2) Subsection (1) is deemed to have come into force on March 18, 2003. 19. Subsection 40(1) of the Act is amended by adding the following after paragraph (f): (f.1) providing for the right of a person to whom a provision of this Act applies or extends by virtue of a regulation made under paragraph (f) to recover from the employer any amounts that the person becomes liable to pay by virtue of that regulation; 20. The Act is amended by adding the following after section 70: Reinstatement of disability pension 70.1 (1) Subject to this section, a person who has ceased to receive a disability pension because they have returned to work is entitled to have that disability pension reinstated if, within two years after the month in which they ceased to receive the disability pension, they become incapable again of working. Request for reinstatement (2) A request by a person for reinstatement of a disability pension shall be made to the Minister in accordance with the regulations. Subsections 60(2), (4), (5) and (8) to (12) apply to the request, with any modifications that the circumstances require. Consideration and approval of request by Minister (3) The Minister shall approve a request made by a person under subsection (2) if the Minister is satisfied that Exécution du b (a) the person has a severe and prolonged mental or physical disability that is the same as, or is related to, the disability that entitled the person to receive the disability pension that is the subject of the request; (b) not more than two years have elapsed from the month in which the person ceased to receive the disability pension to the month when they became incapable again of working; and (c) the person had not reached sixty-five years of age and was not receiving a retirement pension in the month in which they became incapable again of working. Reinstatement of disabled contributor’s child benefit (4) On reinstatement of a disability pension under subsection (3), the Minister shall approve the reinstatement of a disabled contributor’s child benefit that had been payable to the child of the person whose disability pension is reinstated if the Minister is satisfied that the child meets the requirements under this Act for payment of a disabled contributor’s child benefit. Notification of decision — disability pension (5) The Minister shall in writing inform a person who makes a request for reinstatement of a disability pension of the Minister’s decision whether or not to approve the request. Notification of decision — disabled contributor’s child benefit (6) The Minister shall in writing inform a person who has made a request for reinstatement of a disability pension, a child of that person or, in relation to that child, a person or agency referred to in section 75 of the Minister’s decision whether or not to approve a disabled contributor’s child benefit. Application of provisions — disability pension (7) The provisions of this Act that apply to a disability pension, except paragraphs 42(2)(b), 44(1)(b) and 44(2)(a) and section 69, apply to a disability pension that is reinstated under this section, with any modifications that the circumstances require. Application of provisions — disabled contributor’s child benefit (8) The provisions of this Act that apply to a disabled contributor’s child benefit, except paragraphs 44(1)(e) and 44(2)(a) and subsection 74(2), apply to a disabled contributor’s child benefit that is reinstated under this section, with such modifications as the circumstances require. C. 22 Amount of disability pension and survivor’s pension (9) Despite subsection (7) and subject to any division of unadjusted pensionable earnings under sections 55 to 55.3, the basic monthly amount of a disability pension that is reinstated, and the monthly amount of any survivor’s pension under this Act that is payable to the person whose disability pension is reinstated, shall not be less than the amount that was payable for the month immediately preceding the month in which the pension ceased to be payable, adjusted annually in accordance with subsection 45(2). Commencement of payments (10) A disability pension or a contributor’s child benefit that is reinstated pursuant to a request under this section is payable commencing with the month following the month in which the person who made the request under this section became incapable again of working. Budget Implem 21. Subsection 81(1) of the Act is amended by striking out the word “or” at the end of paragraph (c), by adding the word “or” at the end of paragraph (d) and by adding the following after paragraph (d): (e) a person who made a request under section 70.1, a child of that person or, in relation to that child, a person or agency referred to in section 75 is dissatisfied with any decision made under section 70.1, 22. Subsection 89(1) of the Act is amended by adding the following after paragraph (b): (b.1) prescribing the time and manner for making requests for reinstatement of a disability pension under section 70.1, and the information and evidence to be furnished in connection with requests; (b.2) prescribing the information and evidence to be furnished in connection with the reinstatement of disabled contributor’s child benefits under section 70.1; Transitional Application 23. Section 70.1 of the Canada Pension Plan, as enacted by section 20 of this Act, does not apply in respect of persons who, Exécution du b before the coming into force of section 20 of this Act, have ceased to receive a disability pension because they have returned to work. Coming into Force Subsection 114(2) of the Canada Pension Plan does not apply 24. (1) Subsection 114(2) of the Canada Pension Plan does not apply in respect of the amendments to that Act contained in this Part. Order (2) This Part comes into force, in accordance with subsection 114(4) of the Canada Pension Plan, on a day to be fixed by order of the Governor in Council. PART 5 1996, c. 23 AMENDMENTS TO THE EMPLOYMENT INSURANCE ACT 25. The Employment Insurance Act is amended by adding the following after section 66.2: Premium rate for 2005 66.3 Notwithstanding section 66, the premium rate for the year 2005 is the rate set for the year by the Governor in Council on the recommendation of the Minister and the Minister of Finance. 2003, c. 15, s. 21 26. Section 67 of the Act is replaced by the following: Employee’s premium 67. Subject to section 70, a person employed in insurable employment shall pay, by deduction as provided in subsection 82(1), a premium equal to their insurable earnings multiplied by the premium rate set under section 66, 66.1, 66.2 or 66.3, as the case may be. 27. The Act is amended by adding the following after section 82: Succession of employers 82.1 If, in a year after 2003, one employer immediately succeeds another as the employer of an employee as a result of the formation or dissolution of a corporation or the acquisition — with the agreement of the former employer or by operation of law — of all or part of an undertaking or business of the former employer, the successor employer may, for the application of section 82, take into account the amounts deducted, remitted or paid under this Act by the C. 22 Budget Implem former employer in respect of the year in relation to the employment of the employee as if they had been deducted, remitted or paid by the successor employer. If the employer takes those amounts into account with respect to the employer’s premium, the employer shall also take them into account with respect to the employee’s premium. PART 6 1993, c. 14; 2001, c. 22, s. 2 AMENDMENT TO THE FARM CREDIT CANADA ACT 2003, c. 15, s. 42 28. Subsection 11(1) of the Farm Credit Canada Act is replaced by the following: Capital payments 11. (1) At the request of the Corporation, the Minister of Finance may, with the approval of the Governor in Council, pay to the Corporation, out of the Consolidated Revenue Fund, amounts not exceeding in the aggregate one billion, two hundred and fifty million dollars, or such greater aggregate amount as may be authorized from time to time under an appropriation Act. PART 7 GOODS AND SERVICES TAX AND HARMONIZED SALES TAX REBATE FOR MUNICIPALITIES R.S., c. E-15 Excise Tax Act 29. (1) Subsection 123(1) of the Excise Tax Act is amended by adding the following in alphabetical order: “designated municipal property” « bien municipal désigné » “designated municipal property” means property (a) that is property of a person who is at any time designated to be a municipality for the purposes of section 259, (b) that the person intended at that time to consume, use or supply in the course of activities specified in the designation and otherwise than exclusively in the course of activities that are not activities specified in the designation, and Exécution du b (c) in respect of which, or in respect of an improvement to which, an amount included in “the total tax charged in respect of the property or service” under paragraph (a) of the definition “non-creditable tax charged” in subsection 259(1) is (i) an amount of tax in respect of a supply made to, or the importation or bringing into a participating province of the property or an improvement to it by, the person at that time, (ii) an amount deemed to have been paid or collected at that time by the person, (iii) an amount required to be added under subsection 129(7) in determining the person’s net tax as a result of a branch or division of the person becoming a small supplier division at that time, or (iv) an amount required to be added under paragraph 171(4)(b) in determining the person’s net tax as a result of the person ceasing at that time to be a registrant; (2) Subsection (1) is deemed to have come into force on February 1, 2004. 30. (1) The Act is amended by adding the following after section 141.1: Sale of personal property of a municipality 141.2 (1) Despite section 141.1, for the purposes of this Part, a supply (other than an exempt supply) made by way of sale of personal property of a municipality is deemed to have been made in the course of its commercial activities. Sale of personal property of a designated municipality (2) Despite section 141.1, for the purposes of this Part, a supply (other than an exempt supply) made by way of sale of personal property of a person designated to be a municipality for the purposes of section 259 is deemed to have been made in the course of its commercial activities if the property is designated municipal property of the person. C. 22 Budget Implem (2) Subsection (1) applies to any supply for which consideration becomes due after March 9, 2004 or is paid after that day without having become due, but does not apply to any supply made under an agreement in writing entered into before March 10, 2004. 1990, c. 45, s. 12(1) 31. (1) Section 166 of the Act is replaced by the following: Supply by small supplier not a registrant 166. If a person makes a taxable supply and the consideration or a part of it for the supply becomes due, or is paid before it becomes due, at a time when the person is a small supplier who is not a registrant, that consideration or part, as the case may be, shall not be included in calculating the tax payable in respect of the supply except if the supply is (a) a supply by way of sale of real property; (b) a supply by way of sale of personal property by a municipality that is capital property of the municipality; or (c) a supply by way of sale of designated municipal property of a person designated to be a municipality for the purposes of section 259 that is capital property of the person. (2) Subsection (1) applies to any supply for which consideration becomes due after March 9, 2004 or is paid after that day without having become due, but does not apply to any supply made under an agreement in writing entered into before March 10, 2004. 32. (1) The Act is amended by adding the following after section 198: Basic tax content of property of a municipality 198.1 (1) In the case of property of a municipality that is not a listed financial institution, the basic tax content of the property at any time after January 30, 2004 shall be determined by applying the following rules: (a) in determining the value of A in paragraph (a) of the definition “basic tax content” in subsection 123(1), an amount of tax described by any of subparagraphs (i) to (v) of the description of A may be included only if the tax Exécution du b (i) became payable, or would have become payable in the absence of the circumstances described in subparagraph (iii) or (iv) of that description, after January 2004 under subsection 165(1) or section 212 or 218 in respect of the property, or (ii) was payable, or would have been payable in the absence of the circumstances described in subparagraph (iii) or (iv) of that description, under subsection 165(2), 212.1(2) or 218.1(1) or Division IV.1 in respect of the property; (b) in determining the value of B in paragraph (a) of the definition “basic tax content” in subsection 123(1), any reference in the description of B to tax referred to in a subparagraph of the description of A shall be read to include an amount of tax only if the tax is included in the determination of the value of A in accordance with paragraph (a) of this subsection; (c) in determining the value of J in paragraph (b) of the definition “basic tax content” in subsection 123(1), (i) paragraphs (a) and (b) of this subsection shall be applied in determining the basic tax content referred to in subparagraph (i) of the description of J, and (ii) an amount of tax described by any of subparagraphs (iii) to (vi) of the description of J may be included only if the tax (A) became payable, or would have become payable in the absence of the circumstances described in subparagraph (iv) or (v) of that description, after January 2004 under subsection 165(1) or section 212 or 218 in respect of the improvements to the property, or (B) was payable, or would have been payable in the absence of the circumstances described in subparagraph (iv) or (v) of that description, under subsection 165(2), 212.1(2) or 218.1(1) or Division IV.1 in respect of improvements to the property; and (d) in determining the value of K in paragraph (b) of the definition “basic tax content” in subsection 123(1), any reference C. 22 Budget Implem in the description of K to tax referred to in a subparagraph of the description of J shall be read to include an amount of tax only if the tax is included in the determination of the value of J in accordance with paragraph (c) of this subsection. Application to designated municipality (2) In subsection (1), “municipality” includes a person designated to be a municipality for the purposes of section 259 and, in the case of a person so designated, “property” means property that, on January 31, 2004, was property of the person and was consumed, used or supplied by the person otherwise than exclusively in the course of activities that are not activities specified in the designation. (2) Subsection (1) is deemed to have come into force on January 31, 2004. 2000, c. 30, s. 42(1) 33. (1) Subsection 200(3) of the Act is replaced by the following: Sale of personal property (3) Despite paragraph 141.1(1)(a) but subject to section 141.2, for the purposes of this Part, if a registrant (other than a government) makes a supply by way of sale of personal property that is capital property of the registrant and, before the earlier of the time that ownership of the property is transferred to the recipient and the time that possession of the property is transferred to the recipient under the agreement for the supply, the registrant was last using the property otherwise than primarily in commercial activities of the registrant, the supply is deemed to have been made in the course of activities of the registrant that are not commercial activities. 2000, c. 30, s. 42(1) (2) The portion of subsection 200(4) of the Act before paragraph (a) is replaced by the following: Sale of personal property of a government (4) Despite subsection 141.1(1) but subject to section 141.2, for the purposes of this Part, if a supplier that is a government makes a supply by way of sale of particular personal property that is capital property of the supplier, Exécution du b (3) Subsections (1) and (2) apply to any supply for which consideration becomes due after March 9, 2004 or is paid after that day without having become due, but do not apply to any supply made under an agreement in writing entered into before March 10, 2004. 34. (1) The Act is amended by adding the following after section 200: Credit on sale of personal property of a municipality 200.1 If a registrant is a municipality or a person designated to be a municipality for the purposes of section 259, subsection 193(2) applies, with any modifications that the circumstances require, to personal property (other than a passenger vehicle, an aircraft of a registrant who is an individual or a partnership and property of a person designated to be a municipality for the purposes of section 259 that is not designated municipal property of the person) acquired or imported by the registrant for use as capital property of the registrant as if the personal property were real property. (2) Subsection (1) applies to any supply for which consideration becomes due after March 9, 2004 or is paid after that day without having become due, but does not apply to any supply made under an agreement in writing entered into before March 10, 2004. 1997, c. 10, s. 191(1) 35. (1) The description of B in paragraph 201(b) of the Act is replaced by the following: B is (i) if the registrant is deemed under subsection 199(3) or 206(2) or (3) to have acquired the vehicle or a portion of it at the particular time, or the registrant is bringing the vehicle into a participating province at the particular time, and the registrant was previously entitled to claim a rebate under section 259 in respect of the vehicle or any improvement to it, the difference between 100% and the specified percentage (within the meaning of that section) that applied in determining the amount of that rebate, and C. 22 Budget Implem (ii) in any other case, 100%; and (2) Subsection (1) applies for the purpose of determining an input tax credit of a registrant in respect of a passenger vehicle that the registrant acquires, imports or brings into a participating province after January 2004. 1997, c. 10, s. 193(1) 36. (1) The portion of subsection 203(1) of the Act before the formula is replaced by the following: Sale of passenger vehicle 203. (1) If a registrant (other than a municipality), at a particular time in a reporting period of the registrant, makes a taxable supply by way of sale of a passenger vehicle (other than a vehicle that is designated municipal property of a person designated at the particular time to be a municipality for the purposes of section 259) that, immediately before the particular time, was used as capital property in commercial activities of the registrant, the registrant may, despite section 170, paragraph 199(2)(a) and subsections 199(4) and 202(1), claim an input tax credit for that period equal to the amount determined by the formula 1993, c. 27, s. 70(4) (2) Subsection 203(3) of the Act is replaced by the following: Sale of passenger vehicle, etc. (3) Despite paragraph 141.1(1)(a), for the purposes of this Part, a supply shall be deemed not to be a taxable supply if (a) an individual or a partnership (other than a municipality) who is a registrant makes, at a particular time, the supply by way of sale of a passenger vehicle or an aircraft (other than a vehicle or an aircraft that is designated municipal property of a person designated at the particular time to be a municipality for the purposes of section 259) that is capital property of the registrant; and (b) at any time after the individual or partnership became a registrant and before the particular time, the registrant did not use the vehicle or aircraft exclusively in commercial activities of the registrant. Sale of passenger vehicle by a municipality (4) If a registrant (other than an individual or a partnership) that is a municipality or a person designated to be a municipality for the purposes of section 259, at a particular time in a reporting Exécution du b period of the registrant, makes a taxable supply by way of sale of a passenger vehicle (other than a vehicle of a person designated to be a municipality for the purposes of section 259 that is not designated municipal property of the person) that, immediately before the particular time, was capital property of the registrant, the registrant may, despite section 170, paragraph 199(2)(a) and subsections 199(4) and 202(1), claim an input tax credit for that period equal to the lesser of (a) the amount determined by the formula A x (B - C)/B where A is the basic tax content of the vehicle at the particular time, B is the total of (i) the tax that was payable by the registrant in respect of the last acquisition or importation of the vehicle by the registrant, (ii) if the registrant brought the vehicle into a participating province after it was last acquired or imported by the registrant, the tax that was payable by the registrant in respect of bringing it into that province, and (iii) the tax that was payable by the registrant in respect of improvements to the vehicle acquired, imported or brought into a participating province by the registrant after the property was last acquired or imported, and C is the total of all input tax credits that the registrant was entitled to claim in respect of any tax included in the total for B, and (b) the tax that is or would, in the absence of section 167, be payable in respect of the taxable supply. (3) Subsections (1) and (2) apply to any supply for which consideration becomes due after March 9, 2004 or is paid after that day without having become due, but do not apply to any supply made under an agreement in writing entered into before March 10, 2004. C. 22 2000, c. 30, s. 43(1) 37. (1) Subsections 209(1) and (2) of the Act are replaced by the following: Real property of certain public service bodies 209. (1) If a registrant (other than a financial institution or a government) is a public service body, section 141.2 and subsections 199(2) to (4) and 200(2) and (3) apply, with any modifications that the circumstances require, to real property acquired by the registrant for use as capital property of the registrant or, in the case of subsection 199(4), to improvements to real property that is capital property of the registrant, as if the real property were personal property. Real property of certain Crown agents (2) If a registrant (other than a financial institution) is a specified Crown agent, section 141.2 and subsections 199(2) to (4) and 200(2) and (4) apply, with any modifications that the circumstances require, to real property acquired by the registrant for use as capital property of the registrant or, in the case of subsection 199(4), to improvements to real property that is capital property of the registrant, as if the real property were personal property. 2000, c. 30, s. 43(1) (2) The portion of subsection 209(3) of the Act before paragraph (a) is replaced by the following: Exception (3) Despite subsections (1) and (2), section 141.2 and subsections 200(3) and (4) do not apply to Budget Implem (3) Subsections (1) and (2) are deemed to have come into force on February 1, 2004. 38. (1) The Act is amended by adding the following after section 257: Sale of personal property by nonregistrant municipality 257.1 (1) If a person that is a municipality, or is designated to be a municipality for the purposes of section 259, and that is not a registrant makes, at any time, a taxable supply by way of sale of personal property that is capital property of the person (other than property of a person designated to be a municipality for the purposes of section 259 that is not designated municipal property of the person), the Minister shall, subject to subsection (2), pay a rebate to the person equal to the lesser of Exécution du b (a) the basic tax content of the property at that time, and (b) the tax that is or would, in the absence of section 167, be payable in respect of the taxable supply. Application for rebate (2) A rebate shall not be paid to a person under subsection (1) unless the person files an application for the rebate within two years after the day on which the consideration for the supply became due or was paid without having become due. Redemption of personal property (3) If, for the purposes of satisfying in whole or in part a debt or obligation owing by a person (in this subsection referred to as the “debtor”), a creditor exercises a right under an Act of Parliament or the legislature of a province or an agreement relating to a debt security to cause the supply of personal property and the debtor has a right to redeem the property under the Act or the agreement, the following rules apply: (a) the debtor is not entitled to claim a rebate under subsection (1) with respect to the property unless the time limit for redeeming the property has expired and the debtor has not redeemed the property; and (b) if the debtor is entitled to claim the rebate, consideration for the supply is deemed, for the purposes of subsection (2), to have become due on the day on which the time limit for redeeming the property expires. (2) Subsection (1) applies to any supply for which consideration becomes due after March 9, 2004 or is paid after that day without having become due, but does not apply to any supply made under an agreement in writing entered into before March 10, 2004. 39. (1) Subsection 259(1) of the Act is amended by adding the following in alphabetical order: “specified percentage” « pourcentage établi » “specified percentage” means (a) in the case of a charity or a qualifying non-profit organization that is not a selected public service body, 50%, (b) in the case of a hospital authority, 83%, (c) in the case of a school authority, 68%, C. 22 Budget Implem (d) in the case of a university or public college, 67%, and (e) in the case of a municipality, 100%; “specified provincial percentage” « pourcentage provincial établi » “specified provincial percentage” means (a) in the case of a charity, or a qualifying non-profit organization, that is not a selected public service body and that is resident in a participating province, 50%, (b) in the case of a hospital authority resident in Nova Scotia, 83%, (c) in the case of a school authority resident in Nova Scotia, 68%, (d) in the case of a university or public college resident in Nova Scotia, 67%, (e) in the case of a municipality resident in Nova Scotia or New Brunswick, 57.14%, and (f) in any other case, 0%. 1997, c. 10, s. 227(2) and (3) (2) Subsections 259(3) and (4) of the Act are replaced by the following: Rebate for persons other than designated municipalities (3) If a person (other than a listed financial institution, a registrant prescribed for the purposes of subsection 188(5) and a person designated to be a municipality for the purposes of this section) is, on the last day of a claim period of the person or of the person’s fiscal year that includes that claim period, a selected public service body, charity or qualifying nonprofit organization, the Minister shall, subject to subsections (4.1) to (4.21) and (5), pay a rebate to the person equal to the total of (a) the amount equal to the specified percentage of the non-creditable tax charged in respect of property or a service (other than a prescribed property or service) for the claim period, and Exécution du b (b) the amount equal to the specified provincial percentage of the non-creditable tax charged in respect of property or a service (other than a prescribed property or service) for the claim period. Rebate for designated municipalities (4) If a person is, on the last day of a claim period of the person or of the person’s fiscal year that includes that claim period, designated to be a municipality for the purposes of this section in respect of activities (in this subsection referred to as the “designated activities”) specified in the designation, the Minister shall, subject to subsections (4.01) to (5), pay a rebate to the person in respect of property or a service (other than a prescribed property or service) equal to the total of (a) all amounts, each of which is an amount determined by the formula AxBxC where A is the specified percentage, B is an amount that is included in the total tax charged in respect of the property or service for the claim period and is an amount of tax in respect of a supply made to, or the importation or bringing into a participating province of the property by, the person at any time, an amount deemed to have been paid or collected at any time by the person, an amount required to be added under subsection 129(7) in determining the person’s net tax as a result of a branch or division of the person becoming a small supplier division at any time, or an amount required to be added under paragraph 171(4)(b) in determining the person’s net tax as a result of the person ceasing, at any time, to be a registrant, and C is the extent (expressed as a percentage) to which the person intended, at that time, to consume, use or supply the property or service in the course of the designated activities, and (b) all amounts, each of which is an amount determined by the formula DxExF C. 22 Budget Implem where D is the specified provincial percentage, E is an amount that is included in the total tax charged in respect of the property or service for the claim period and is an amount of tax in respect of a supply made to, or the importation or bringing into a participating province of the property by, the person at any time, an amount deemed to have been paid or collected at any time by the person, an amount required to be added under subsection 129(7) in determining the person’s net tax as a result of a branch or division of the person becoming a small supplier division at any time, or an amount required to be added under paragraph 171(4)(b) in determining the person’s net tax as a result of the person ceasing, at any time, to be a registrant, and F is the extent (expressed as a percentage) to which the person intended, at that time, to consume, use or supply the property or service in the course of the designated activities. 2000, c. 30, s. 76(2) (3) The portion of subsection 259(4.01) of the Act before paragraph (a) is replaced by the following: Exécution du b Restriction (4.01) An amount shall not be included in determining the value of B or E in subsection (4) in respect of a claim period of a person to the extent that 1997, c. 10, ss. 69(7) and 227(4) and (5); 2000, c. 30, ss. 76(3) to (5) (4) Subsections 259(4.1) to (4.21) of the Act are replaced by the following: Apportionment of rebate (4.1) Subject to subsections (4.2) and (4.21), if a person is a charity, a public institution or a qualifying non-profit organization, and is a selected public service body, the rebate, if any, payable to the person under subsection (3) or (4) in respect of property or a service for a claim period is equal to the total of (a) 50% of the non-creditable tax charged in respect of the property or service for the claim period, and (b) the total of all amounts, each of which is an amount that would be determined under paragraph (4)(a) or (b) in respect of the property or service for the claim period if subsection (4) applied to the person and if (i) the reference in subsection (4) to “specified percentage” were read as a reference to “the specified percentage applicable to a selected public service body described in whichever of paragraphs (a) to (e) of the definition of that expression in subsection (1) applies to the person minus 50%”, (ii) the reference in subsection (4) to “specified provincial percentage” were read as a reference to the greater of “the specified provincial percentage applicable to a selected public service body described in whichever of paragraphs (a) to (e) of the definition of that expression in subsection (1) applies to the person minus 50%” and “0%”, and (iii) in the case of a person who is not designated to be a municipality for the purposes of this section, the reference in the description of C or F in subsection (4) to “designated activities” were read as a reference to C. 22 Budget Implem (A) in the case of a person determined to be a municipality under paragraph (b) of the definition “municipality” in subsection 123(1), activities engaged in by the person in the course of fulfilling the person’s responsibilities as a local authority, and (B) in any other case, activities engaged in by the person in the course of operating a recognized degree-granting institution, a college affiliated with, or research body of, such an institution, a public hospital, an elementary or secondary school or a post-secondary college or technical institute, as the case may be. Exclusions (4.2) In determining an amount under paragraphs (3)(a) and (4)(a) for the purpose of determining a rebate payable to a person, no tax under any of subsection 165(2), sections 212.1 and 218.1 and Division IV.1 payable or deemed to have been paid or collected by the person shall be included (a) in any amount referred to in any of subparagraphs (a)(i) to (iv) of the definition “non-creditable tax charged” in subsection (1); (b) in any amount referred to in subparagraph (a)(v) of that definition that is required under subsection 129(7) to be added in determining the person’s net tax; or (c) in determining any amount referred to in subparagraph (a)(v) of that definition that is an input tax credit required under paragraph 171(4)(b) to be added in determining the person’s net tax. Exclusions (4.21) In determining an amount under paragraphs (3)(b) and (4)(b) for the purpose of determining a rebate payable to a person, no tax under any of subsection 165(1) and sections 212 and 218 payable or deemed to have been paid or collected by the person shall be included (a) in any amount referred to in any of subparagraphs (a)(i) to (iv) of the definition “non-creditable tax charged” in subsection (1); Exécution du b (b) in any amount referred to in subparagraph (a)(v) of that definition that is required under subsection 129(7) to be added in determining the person’s net tax; or (c) in determining any amount referred to in subparagraph (a)(v) of that definition that is an input tax credit required under paragraph 171(4)(b) to be added in determining the person’s net tax. 2000, c. 30, s. 76(6) (5) Paragraph 259(4.3)(e) of the Act is replaced by the following: (e) the total of all amounts each of which is an amount that would be determined under paragraph (4)(a) or (b) in respect of the property or service for the claim period if (i) the specified percentage for the purposes of subsection (4) were 0%, (ii) the specified provincial percentage for the purposes of that subsection were 50%, and (iii) the reference to designated activities in the description of F in that subsection were a reference to the person’s other activities. 1993, c. 27, s. 115(3) (6) Subsection 259(9) of the Act is repealed. (7) Section 259 of the Act is amended by adding the following after subsection (12): Disclosure of municipal rebate information (13) If the amount of a rebate under subsection (3) or (4) that is approved by the Minister for payment to a municipality is increased as a result of the application to the municipality of the specified percentage instead of 57.14% in respect of any period, the Minister may, despite section 295, release for publication by the Government of Canada information as to the amount of the increase and any information necessary to identify the municipality. On publication, the information is not confidential information for the purposes of section 295. C. 22 Budget Implem (8) Subsections (1) to (5) apply for the purposes of determining a rebate under section 259 of the Act of a person for claim periods ending on or after February 1, 2004, except that the rebate shall be determined as if those subsections did not come into force for the purposes of determining a rebate of a person for the claim period of the person that includes that day in respect of (a) an amount of tax that became payable by the person before that day; (b) an amount that is deemed to have been paid or collected by the person before that day; or (c) an amount that is required to be added in determining the person’s net tax (i) as a result of a branch or division of the person becoming a small supplier division before that day, or (ii) as a result of the person ceasing before that day to be a registrant. (9) Subsection (6) is deemed to have come into force on February 1, 2004. 40. (1) Section 1 of Part V.1 of Schedule V to the Act is amended by striking out the word “or” at the end of paragraph (l), by adding the word “or” at the end of paragraph (m) and by adding the following after paragraph (m): (n) designated municipal property, if the charity is a person designated to be a municipality for the purposes of section 259 of the Act. (2) Subsection (1) applies to any supply for which consideration becomes due after March 9, 2004 or is paid after that day without having become due, but does not apply to any supply made under an agreement in writing entered into before March 10, 2004. 1997, c. 10, s. 102(1) 41. (1) The portion of section 5.1 of Part V.1 of Schedule V to the Act before paragraph (a) is replaced by the following: Exécution du b 5.1 A supply by way of sale made by a charity to a recipient of tangible personal property (other than capital property of the charity or, if the charity is a person designated to be a municipality for the purposes of section 259 of the Act, designated municipal property), or of a service purchased by the charity for the purpose of making a supply by way of sale of the service, if the total charge for the supply is the usual charge by the charity for such supplies to such recipients and (2) Subsection (1) applies to any supply for which consideration becomes due after March 9, 2004 or is paid after that day without having become due, but does not apply to any supply made under an agreement in writing entered into before March 10, 2004. 42. (1) Section 2 of Part VI of Schedule V to the Act is amended by striking out the word “or” at the end of paragraph (l) and by adding the following after paragraph (m): (n) property or a service made by a municipality; or (o) designated municipal property, if the public institution is a person designated to be a municipality for the purposes of section 259 of the Act. (2) Subsection (1) applies to any supply for which consideration becomes due after March 9, 2004 or is paid after that day without having become due, but does not apply to any supply made under an agreement in writing entered into before March 10, 2004. 1997, c. 10, s. 108(1) 43. (1) The portion of section 6 of Part VI of Schedule V to the Act before paragraph (a) is replaced by the following: 6. A supply by way of sale made by a public service body (other than a municipality) to a recipient of tangible personal property (other than capital property of the body or, if the body is a person designated to be a municipality for the purposes of section 259 of the Act, designated municipal property), or of a service purchased by the body for the purpose of making a supply by way of sale of the service, if C. 22 Budget Implem the total charge for the supply is the usual charge by the body for such supplies to such recipients and (2) Subsection (1) applies to any supply for which consideration becomes due after March 9, 2004 or is paid after that day without having become due, but does not apply to any supply made under an agreement in writing entered into before March 10, 2004. 1990, c. 45, s. 18 44. (1) The portion of section 25 of Part VI of Schedule V to the Act before paragraph (a) is replaced by the following: 25. A supply of real property made by a public service body (other than a financial institution, a municipality or a government), but not including a supply of (2) Section 25 of Part VI of Schedule V to the Act is amended by striking out the word “or” at the end of paragraph (h), by adding the word “or” at the end of paragraph (i) and by adding the following after paragraph (i): (j) designated municipal property, if the body is a person designated to be a municipality for the purposes of section 259 of the Act. (3) Subsections (1) and (2) apply to any supply for which consideration becomes due after March 9, 2004 or is paid after that day without having become due, but do not apply to any supply made under an agreement in writing entered into before March 10, 2004. PART 8 LIMITATION PERIODS FOR COLLECTION OF CHARGE DEBTS AND TAX DEBTS 2002, c. 9, s. 5 Air Travellers Security Charge Act 45. Subsections 72(1) and (2) of the Air Travellers Security Charge Act are replaced by the following: Definitions 72. (1) The following definitions apply in this section. 2004 “action” « action » “charge debt” « dette fiscale » “legal representative” « représentant légal » Exécution du b “action” means an action to collect a charge debt of a person and includes a proceeding in a court and anything done by the Minister under any of sections 74 to 79. “charge debt” means any amount payable by a person under this Act. “legal representative” of a person means a trustee in bankruptcy, an assignee, a liquidator, a curator, a receiver of any kind, a trustee, an heir, an administrator, an executor, a liquidator of a succession, a committee, or any other like person, administering, winding up, controlling or otherwise dealing in a representative or fiduciary capacity with any property, business, commercial activity or estate that belongs or belonged to, or that is or was held for the benefit of, the person or the person’s estate. Debts to Her Majesty (1.1) A charge debt is a debt due to Her Majesty and is recoverable as such in the Federal Court or any other court of competent jurisdiction or in any other manner provided under this Act. Court proceedings (2) The Minister may not commence a proceeding in a court to collect a charge debt of a person in respect of an amount that may be assessed under this Act, unless when the proceeding is commenced the person has been or may be assessed for that amount. No actions after limitation period (2.1) The Minister may not commence an action to collect a charge debt after the end of the limitation period for the collection of the charge debt. Limitation period (2.2) The limitation period for the collection of a charge debt of a person (a) begins (i) if a notice of assessment in respect of the charge debt is mailed to the person, or a notice referred to in subsection 80(1) in respect of the charge debt is mailed to or served on the person, after March 3, 2004, on the last day on which one of those notices is mailed or served, C. 22 Budget Implem (ii) if no notice referred to in subparagraph (i) in respect of the charge debt was mailed or served and the earliest day on which the Minister can commence an action to collect that charge debt is after March 3, 2004, on that earliest day, and (iii) in any other case, on March 4, 2004; and (b) ends, subject to subsection (2.6), on the day that is 10 years after the day on which it begins. Limitation period restarted (2.3) The limitation period described in subsection (2.2) for the collection of a charge debt of a person restarts (and ends, subject to subsection (2.6), on the day that is 10 years after the day on which it restarts) on any day, before it would otherwise end, on which (a) the person acknowledges the charge debt in accordance with subsection (2.4); (b) the Minister commences an action to collect the charge debt; or (c) the Minister, under subsection 75(8) or 81(4), assesses another person in respect of the charge debt. Acknowledgement of charge debts (2.4) A person acknowledges a charge debt if the person (a) promises, in writing, to pay the charge debt; (b) makes a written acknowledgement of the charge debt, whether or not a promise to pay can be inferred from the acknowledgement and whether or not it contains a refusal to pay; or (c) makes a payment, including a purported payment by way of a negotiable instrument that is dishonoured, on account of the charge debt. Agent or legal representative (2.5) For the purposes of this section, an acknowledgement made by a person’s agent or legal representative has the same effect as if it were made by the person. Extension of limitation period (2.6) In computing the day on which a limitation period ends, there shall be added the number of days on which one or more of the following is the case: Exécution du b (a) the Minister has accepted and holds security in lieu of payment of the charge debt; (b) if the person was resident in Canada on the applicable date described in paragraph (2.2)(a) in respect of the charge debt, the person is non-resident; or (c) an action that the Minister may otherwise take in respect of the charge debt is restricted or not permitted under any provision of the Bankruptcy and Insolvency Act, of the Companies’ Creditors Arrangement Act or of the Farm Debt Mediation Act. R.S., c. E-14 Excise Act 46. Section 111 of the Excise Act is replaced by the following: Definitions “action” « action » “legal representative” « représentant légal » “tax debt” « dette fiscale » Although no account or return rendered 111. (1) The following definitions apply in this section. “action” means an action to collect a tax debt of a person and includes a proceeding in a court and anything done by the Minister under any provision of this Part. “legal representative” of a person means a trustee in bankruptcy, an assignee, a liquidator, a curator, a receiver of any kind, a trustee, an heir, an administrator, an executor, a liquidator of a succession, a committee, or any other like person, administering, winding up, controlling or otherwise dealing in a representative or fiduciary capacity with any property, business, commercial activity or estate that belongs or belonged to, or that is or was held for the benefit of, the person or the person’s estate. “tax debt” means any amount payable by a person under this Act. (2) All duties of excise or licence fees payable under this Act are recoverable at any time after they ought to have been accounted for and paid, whether an account of quantity of the goods or commodities or a true return of the utensils, tools and apparatus on which the duties or licence fees are payable has or has not been made as required by this Act. C. 22 Debts to Her Majesty (3) A tax debt is a debt due to Her Majesty and is recoverable as such with full costs of suit in the Federal Court or any other court of competent jurisdiction or in any other manner provided by this Act. No actions after limitation period (4) The Minister may not commence an action to collect a tax debt after the end of the limitation period for the collection of the tax debt. Limitation period (5) The limitation period for the collection of a tax debt of a person Budget Implem (a) begins (i) if the tax debt became payable after March 3, 2004, on the earliest day on which the Minister can commence an action to collect that tax debt, and (ii) if subparagraph (i) does not apply and the tax debt was payable on March 4, 2004, or would have been payable on that date but for a limitation period that otherwise applied to the collection of the tax debt, on March 4, 2004; and (b) ends, subject to subsection (9), on the day that is 10 years after the day on which it begins. Limitation period restarted (6) The limitation period described in subsection (5) for the collection of a tax debt of a person restarts (and ends, subject to subsection (9), on the day that is 10 years after the day on which it restarts) on any day, before it would otherwise end, on which (a) the person acknowledges the tax debt in accordance with subsection (7); or (b) the Minister commences an action to collect the tax debt. Acknowledgement of tax debts (7) A person acknowledges a tax debt if the person (a) promises, in writing, to pay the tax debt; (b) makes a written acknowledgement of the tax debt, whether or not a promise to pay can be inferred from the acknowledgement and whether or not it contains a refusal to pay; or (c) makes a payment, including a purported payment by way of a negotiable instrument that is dishonoured, on account of the tax debt. Exécution du b Agent or legal representative (8) For the purposes of this section, an acknowledgement made by a person’s agent or legal representative has the same effect as if it were made by the person. Extension of limitation period (9) In computing the day on which a limitation period ends, there shall be added the number of days on which one or more of the following is the case: (a) the Minister has accepted and holds security in lieu of payment of the tax debt; (b) if the person was resident in Canada on the applicable date described in paragraph (5)(a) in respect of the tax debt, the person is non-resident; or (c) an action that the Minister may otherwise take in respect of the tax debt is restricted or not permitted under any provision of the Bankruptcy and Insolvency Act, of the Companies’ Creditors Arrangement Act or of the Farm Debt Mediation Act. Bar to claims (10) Despite any law of Canada or a province, Her Majesty is not liable for any claim that arises because the Minister collected a tax debt after the end of any limitation period that applied to the collection of the tax debt and before March 4, 2004. Orders after March 3, 2004 and before effect (11) Despite any order or judgment made after March 3, 2004 that declares a tax debt not to be payable by a person, or that orders the Minister to reimburse to a person a tax debt collected by the Minister, because a limitation period that applied to the collection of the tax debt ended before royal assent to any measure giving effect to this section, the tax debt is deemed to have become payable on March 4, 2004. 2002, c. 22 Excise Act, 2001 47. Subsections 284(1) and (2) of the Excise Act, 2001 are replaced by the following: C. 22 Definitions 284. (1) The following definitions apply in this section. “action” means an action to collect a tax debt of a person and includes a proceeding in a court and anything done by the Minister under any provision of this Part. “action” « action » “legal representative” « représentant légal » Budget Implem “legal representative” of a person means a trustee in bankruptcy, an assignee, a liquidator, a curator, a receiver of any kind, a trustee, an heir, an administrator, an executor, a liquidator of a succession, a committee, or any other like person, administering, winding up, controlling or otherwise dealing in a representative or fiduciary capacity with any property, business, commercial activity or estate that belongs or belonged to, or that is or was held for the benefit of, the person or the person’s estate. “tax debt” « dette fiscale » “tax debt” means any amount payable by a person under this Act. Debts to Her Majesty (1.1) A tax debt is a debt due to Her Majesty and is recoverable as such in the Federal Court or any other court of competent jurisdiction or in any other manner provided under this Act. Court proceedings (2) The Minister may not commence a proceeding in a court to collect a tax debt of a person in respect of an amount that may be assessed under this Act, unless when the proceeding is commenced the person has been or may be assessed for that amount. No actions after limitation period (2.1) The Minister may not commence an action to collect a tax debt after the end of the limitation period for the collection of the tax debt. Limitation period (2.2) The limitation period for the collection of a tax debt of a person (a) begins (i) if a notice of assessment in respect of the tax debt, or a notice referred to in subsection 254(1) or 294(1) in respect of the tax debt, is mailed to or served on the Exécution du b person after March 3, 2004, on the day that is 90 days after the day on which the last one of those notices is mailed or served, (ii) if no notice referred to in subparagraph (i) in respect of the tax debt was mailed or served and the earliest day on which the Minister can commence an action to collect that tax debt is after March 3, 2004, on that earliest day, and (iii) in any other case, on March 4, 2004; and (b) ends, subject to subsection (2.6), on the day that is 10 years after the day on which it begins. Limitation period restarted (2.3) The limitation period described in subsection (2.2) for the collection of a tax debt of a person restarts (and ends, subject to subsection (2.6), on the day that is 10 years after the day on which it restarts) on any day, before it would otherwise end, on which (a) the person acknowledges the tax debt in accordance with subsection (2.4); (b) the Minister commences an action to collect the tax debt; or (c) the Minister, under subsection 188(1), 289(7), 295(4), 296(2) or 297(3), assesses another person in respect of the tax debt. Acknowledgement of tax debts (2.4) A person acknowledges a tax debt if the person (a) promises, in writing, to pay the tax debt; (b) makes a written acknowledgement of the tax debt, whether or not a promise to pay can be inferred from the acknowledgement and whether or not it contains a refusal to pay; or (c) makes a payment, including a purported payment by way of a negotiable instrument that is dishonoured, on account of the tax debt. Agent or legal representative (2.5) For the purposes of this section, an acknowledgement made by a person’s agent or legal representative has the same effect as if it were made by the person. C. 22 Extension of limitation period (2.6) In computing the day on which a limitation period ends, there shall be added the number of days on which one or more of the following is the case: Budget Implem (a) the Minister may not, because of any of subsections 286(2) to (7), take any of the actions described in subsection 286(1) in respect of the tax debt; (b) the Minister has accepted and holds security in lieu of payment of the tax debt; (c) if the person was resident in Canada on the applicable date described in paragraph (2.2)(a) in respect of the tax debt, the person is non-resident; or (d) an action that the Minister may otherwise take in respect of the tax debt is restricted or not permitted under any provision of the Bankruptcy and Insolvency Act, of the Companies’ Creditors Arrangement Act or of the Farm Debt Mediation Act. R.S., c. E-15 Excise Tax Act R.S., c. 7 (2nd Supp.), s. 41(1) 48. Subsections 82(1) and (2) of the Excise Tax Act are replaced by the following: Definitions 82. (1) The following definitions apply in this section. “action” means an action to collect a tax debt of a person and includes a proceeding in a court and anything done by the Minister under any provision of this Part. “action” « action » “legal representative” « représentant légal » “tax debt” « dette fiscale » “legal representative” of a person means a trustee in bankruptcy, an assignee, a liquidator, a curator, a receiver of any kind, a trustee, an heir, an administrator, an executor, a liquidator of a succession, a committee, or any other like person, administering, winding up, controlling or otherwise dealing in a representative or fiduciary capacity with any property, business, commercial activity or estate that belongs or belonged to, or that is or was held for the benefit of, the person or the person’s estate. “tax debt” means any amount payable by a person under this Act other than Part IX. Exécution du b Debts to Her Majesty (1.1) A tax debt is a debt due to Her Majesty in right of Canada and is recoverable as such in the Federal Court or any other court of competent jurisdiction or in any other manner provided under this Part. Court proceedings (2) Subject to subsection (3), the Minister may not commence a proceeding in a court to collect a tax debt of a person in respect of an amount that may be assessed under this Part, unless when the proceeding is commenced the person has been or may be assessed for that amount. No actions after limitation period (2.1) The Minister may not commence an action to collect a tax debt after the end of the limitation period for the collection of the tax debt. Limitation period (2.2) The limitation period for the collection of a tax debt of a person (a) begins (i) if a notice of assessment in respect of the tax debt is mailed to or served on the person after March 3, 2004, on the day that is 90 days after the day on which the notice is mailed or served, (ii) if no notice referred to in subparagraph (i) in respect of the tax debt was mailed or served and the earliest day on which the Minister can commence an action to collect that tax debt is after March 3, 2004, on that earliest day, and (iii) if subparagraphs (i) and (ii) do not apply and the tax debt was payable on March 4, 2004, or would have been payable on that date but for a limitation period that otherwise applied to the collection of the tax debt, on March 4, 2004; and (b) ends, subject to subsection (2.6), on the day that is 10 years after the day on which it begins. C. 22 Limitation period restarted (2.3) The limitation period described in subsection (2.2) for the collection of a tax debt of a person restarts (and ends, subject to subsection (2.6), on the day that is 10 years after the day on which it restarts) on any day, before it would otherwise end, on which (a) the person acknowledges the tax debt in accordance with subsection (2.4); (b) the Minister commences an action to collect the tax debt; or Budget Implem (c) the Minister, under section 81.1, assesses another person in respect of the tax debt. Acknowledgement of tax debts (2.4) A person acknowledges a tax debt if the person (a) promises, in writing, to pay the tax debt; (b) makes a written acknowledgement of the tax debt, whether or not a promise to pay can be inferred from the acknowledgement and whether or not it contains a refusal to pay; or (c) makes a payment, including a purported payment by way of a negotiable instrument that is dishonoured, on account of the tax debt. Agent or legal representative (2.5) For the purposes of this section, an acknowledgement made by a person’s agent or legal representative has the same effect as if it were made by the person. Extension of limitation period (2.6) In computing the day on which a limitation period ends, there shall be added the number of days on which one or more of the following is the case: (a) the Minister may not, because of any of subsections 86(5) to (8), take any of the actions described in subsection 86(4) in respect of the tax debt; (b) the Minister has accepted and holds security in lieu of payment of the tax debt; (c) if the person was resident in Canada on the applicable date described in paragraph (2.2)(a) in respect of the tax debt, the person is non-resident; or (d) an action that the Minister may otherwise take in respect of the tax debt is restricted or not permitted under any provision of the Exécution du b Bankruptcy and Insolvency Act, of the Companies’ Creditors Arrangement Act or of the Farm Debt Mediation Act. Bar to claims (2.7) Despite any law of Canada or a province, Her Majesty in right of Canada is not liable for any claim that arises because the Minister collected a tax debt after the end of any limitation period that applied to the collection of the tax debt and before March 4, 2004. Orders after March 3, 2004 and before effect (2.8) Despite any order or judgment made after March 3, 2004 that declares a tax debt not to be payable by a person, or that orders the Minister to reimburse to a person a tax debt collected by the Minister, because a limitation period that applied to the collection of the tax debt ended before royal assent to any measure giving effect to this section, the tax debt is deemed to have become payable on March 4, 2004. 1990, c. 45, s. 12(1) 49. Subsections 313(1) and (2) of the Act are replaced by the following: Definitions 313. (1) The following definitions apply in this section. “action” « action » “legal representative” « représentant légal » “tax debt” « dette fiscale » “action” means an action to collect a tax debt of a person and includes a proceeding in a court and anything done by the Minister under any provision of this Division. “legal representative” of a person means a trustee in bankruptcy, an assignee, a liquidator, a curator, a receiver of any kind, a trustee, an heir, an administrator, an executor, a liquidator of a succession, a committee, or any other like person, administering, winding up, controlling or otherwise dealing in a representative or fiduciary capacity with any property, business, commercial activity or estate that belongs or belonged to, or that is or was held for the benefit of, the person or the person’s estate. “tax debt” means any amount payable or remittable by a person under this Part. C. 22 Debts to Her Majesty (1.1) A tax debt is a debt due to Her Majesty in right of Canada and is recoverable as such in the Federal Court or any other court of competent jurisdiction or in any other manner provided under this Part. Court proceedings (2) The Minister may not commence a proceeding in a court to collect a tax debt of a person in respect of an amount that may be assessed under this Part, unless when the proceeding is commenced the person has been or may be assessed for that amount. No actions after limitation period (2.1) The Minister may not commence an action to collect a tax debt after the end of the limitation period for the collection of the tax debt. Limitation period (2.2) The limitation period for the collection of a tax debt of a person (a) begins Budget Implem (i) if a notice of assessment, or a notice referred to in subsection 322(1), in respect of the tax debt, is mailed to or served on the person after March 3, 2004, on the last day on which one of those notices is mailed or served, (ii) if no notice referred to in subparagraph (i) in respect of the tax debt was mailed or served and the earliest day on which the Minister can commence an action to collect that tax debt is after March 3, 2004, on that earliest day, and (iii) if subparagraphs (i) and (ii) do not apply and the tax debt was payable on March 4, 2004, or would have been payable on that date but for a limitation period that otherwise applied to the collection of the tax debt, on March 4, 2004; and (b) ends, subject to subsection (2.6), on the day that is 10 years after the day on which it begins. Limitation period restarted (2.3) The limitation period described in subsection (2.2) for the collection of a tax debt of a person restarts (and ends, subject to Exécution du b subsection (2.6), on the day that is 10 years after the day on which it restarts) on any day, before it would otherwise end, on which (a) the person acknowledges the tax debt in accordance with subsection (2.4); (b) a remittance in respect of the tax debt is deemed under subsection 228(6) to have been made; (c) a reduction or an offset in respect of the tax debt is made under subsection 228(7); (d) the Minister commences an action to collect the tax debt; or (e) the Minister, under paragraph 296(1)(e) or subsection 317(9), 323(4), 324(2) or 325(2), assesses another person in respect of the tax debt. Acknowledgement of tax debts (2.4) A person acknowledges a tax debt if the person (a) promises, in writing, to pay the tax debt; (b) makes a written acknowledgement of the tax debt, whether or not a promise to pay can be inferred from the acknowledgement and whether or not it contains a refusal to pay; or (c) makes a payment, including a purported payment by way of a negotiable instrument that is dishonoured, on account of the tax debt. Agent or legal representative (2.5) For the purposes of this section, an acknowledgement made by a person’s agent or legal representative has the same effect as if it were made by the person. Extension of limitation period (2.6) In computing the day on which a limitation period ends, there shall be added the number of days on which one or more of the following is the case: (a) the Minister has postponed collection action against the person under subsection 315(3) in respect of the tax debt; (b) the Minister has accepted and holds security in lieu of payment of the tax debt; (c) if the person was resident in Canada on the applicable date described in paragraph (2.2)(a) in respect of the tax debt, the person is non-resident; or C. 22 Budget Implem (d) an action that the Minister may otherwise take in respect of the tax debt is restricted or not permitted under any provision of the Bankruptcy and Insolvency Act, of the Companies’ Creditors Arrangement Act or of the Farm Debt Mediation Act. Bar to claims (2.7) Despite any law of Canada or a province, Her Majesty in right of Canada is not liable for any claim that arises because the Minister collected a tax debt after the end of any limitation period that applied to the collection of the tax debt and before March 4, 2004. Orders after March 3, 2004 and before effect (2.8) Despite any order or judgment made after March 3, 2004 that declares a tax debt not to be payable or remittable by a person, or that orders the Minister to reimburse to a person a tax debt collected by the Minister, because a limitation period that applied to the collection of the tax debt ended before royal assent to any measure giving effect to this section, the tax debt is deemed to have become payable or remittable on March 4, 2004. R.S., c. 1 (5th Supp.) Income Tax Act 50. Section 222 of the Income Tax Act is replaced by the following: Definitions “action” « action » 222. (1) The following definitions apply in this section. “action” means an action to collect a tax debt of a taxpayer and includes a proceeding in a court and anything done by the Minister under subsection 129(2), 131(3), 132(2) or 164(2), section 203 or any provision of this Part. “tax debt” « dette fiscale » “tax debt” means any amount payable by a taxpayer under this Act. Debts to Her Majesty (2) A tax debt is a debt due to Her Majesty and is recoverable as such in the Federal Court or any other court of competent jurisdiction or in any other manner provided by this Act. Exécution du b No actions after limitation period (3) The Minister may not commence an action to collect a tax debt after the end of the limitation period for the collection of the tax debt. Limitation period (4) The limitation period for the collection of a tax debt of a taxpayer (a) begins (i) if a notice of assessment, or a notice referred to in subsection 226(1), in respect of the tax debt is mailed to or served on the taxpayer, after March 3, 2004, on the day that is 90 days after the day on which the last one of those notices is mailed or served, and (ii) if subparagraph (i) does not apply and the tax debt was payable on March 4, 2004, or would have been payable on that date but for a limitation period that otherwise applied to the collection of the tax debt, on March 4, 2004; and (b) ends, subject to subsection (8), on the day that is 10 years after the day on which it begins. Limitation period restarted (5) The limitation period described in subsection (4) for the collection of a tax debt of a taxpayer restarts (and ends, subject to subsection (8), on the day that is 10 years after the day on which it restarts) on any day, before it would otherwise end, on which (a) the taxpayer acknowledges the tax debt in accordance with subsection (6); (b) the Minister commences an action to collect the tax debt; or (c) the Minister, under subsection 159(3) or 160(2) or paragraph 227(10)(a), assesses any person in respect of the tax debt. Acknowledgement of tax debts (6) A taxpayer acknowledges a tax debt if the taxpayer (a) promises, in writing, to pay the tax debt; (b) makes a written acknowledgement of the tax debt, whether or not a promise to pay can be inferred from the acknowledgement and whether or not it contains a refusal to pay; or C. 22 Budget Implem (c) makes a payment, including a purported payment by way of a negotiable instrument that is dishonoured, on account of the tax debt. Agent or legal representative (7) For the purposes of this section, an acknowledgement made by a taxpayer’s agent or legal representative has the same effect as if it were made by the taxpayer. Extension of limitation period (8) In computing the day on which a limitation period ends, there shall be added the number of days on which one or more of the following is the case: (a) the Minister may not, because of any of subsections 225.1(2) to (5), take any of the actions described in subsection 225.1(1) in respect of the tax debt; (b) the Minister has accepted and holds security in lieu of payment of the tax debt; (c) if the taxpayer was resident in Canada on the applicable date described in paragraph (4)(a) in respect of the tax debt, the taxpayer is non-resident; or (d) an action that the Minister may otherwise take in respect of the tax debt is restricted or not permitted under any provision of the Bankruptcy and Insolvency Act, of the Companies’ Creditors Arrangement Act or of the Farm Debt Mediation Act. Bar to claims (9) Notwithstanding any law of Canada or a province, Her Majesty is not liable for any claim that arises because the Minister collected a tax debt after the end of any limitation period that applied to the collection of the tax debt and before March 4, 2004. Orders after March 3, 2004 and before effect (10) Notwithstanding any order or judgment made after March 3, 2004 that declares a tax debt not to be payable by a taxpayer, or that orders the Minister to reimburse to a taxpayer a tax debt collected by the Minister, because a limitation period that applied to the collection of the tax debt ended before royal assent to any measure giving effect to this section, the tax debt is deemed to have become payable on March 4, 2004. Published under authority of the Speaker of the House of Commons Available from: Public Works and Government Services Canada Ottawa, Ontario K1A 0S5 Available from: Public Works and Government Services Canada Ottawa, Ontario K1A 0S5

Third Session, Thirty-seventh Parliament, 52-53 Elizabeth II, 2004 STATUTES OF CANADA 2004 CHAPTER 23 An Act to amend the Patent Act and the Food and Drugs Act (The Jean Chrétien Pledge to Africa) BILL C-9 ASSENTED TO 14th MAY, 2004 RECOMMENDATION Her Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled “An Act to amend the Patent Act and the Food and Drugs Act”. SUMMARY This enactment amends the Patent Act and the Food and Drugs Act to facilitate access to pharmaceutical products to address public health problems afflicting many developing and least-developed countries, especially those resulting from HIV/AIDS, tuberculosis, malaria and other epidemics. All parliamentary publications are available on the Parliamentary Internet Parlementaire at the following address: http://www.parl.gc.ca 52-53 ELIZABETH II —————— CHAPTER 23 An Act to amend the Patent Act and the Food and Drugs Act (The Jean Chrétien Pledge to Africa) [Assented to 14th May, 2004] Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: R.S., c. P-4 PATENT ACT 1. The Patent Act is amended by adding the following after section 21: USE OF PATENTS FOR INTERNATIONAL HUMANITARIAN PURPOSES TO ADDRESS PUBLIC HEALTH PROBLEMS Purpose 21.01 The purpose of sections 21.02 to 21.2 is to give effect to Canada’s and Jean Chrétien’s pledge to Africa by facilitating access to pharmaceutical products to address public health problems afflicting many developing and least-developed countries, especially those resulting from HIV/AIDS, tuberculosis, malaria and other epidemics. Definitions 21.02 The definitions in this section apply in this section and in sections 21.03 to 21.19. “authorization” « autorisation » “authorization” means an authorization granted under subsection 21.04(1), and includes an authorization renewed under subsection 21.12(1). 2 “General Council ” « Conseil général » “General Council Decision” « décision du Conseil général » “patented product” « produit breveté » “pharmaceutical product” « produit pharmaceutique » “TRIPS Agreement” « Accord sur les ADPIC » “TRIPS Council” « Conseil des ADPIC » “WTO” « OMC » Amending Schedules C. 23 Patent and Fo “General Council” means the General Council of the WTO established by paragraph 2 of Article IV of the Agreement Establishing the World Trade Organization, signed at Marrakesh on April 15, 1994. “General Council Decision” means the decision of the General Council of August 30, 2003 respecting Article 31 of the TRIPS Agreement, including the interpretation of that decision in the General Council Chairperson’s statement of that date. “patented product” means a product the making, constructing, using or selling of which in Canada would infringe a patent in the absence of the consent of the patentee. “pharmaceutical product” means any patented product listed in Schedule 1 in, if applicable, the dosage form, the strength and the route of administration specified in that Schedule in relation to the product. “TRIPS Agreement” means the Agreement on Trade-Related Aspects of Intellectual Property Rights, being Annex 1C of the Agreement Establishing the World Trade Organization, signed at Marrakesh on April 15, 1994. “TRIPS Council” means the council referred to in the TRIPS Agreement. “WTO” means the World Trade Organization established by Article I of the Agreement Establishing the World Trade Organization, signed at Marrakesh on April 15, 1994. 21.03 (1) The Governor in Council may, by order, (a) on the recommendation of the Minister and the Minister of Health, amend Schedule 1 (i) by adding the name of any patented product that may be used to address public health problems afflicting many developing and least-developed countries, especially those resulting from HIV/AIDS, tuberculosis, malaria and other epidemics and, if the Governor in Council considers it appropriate to do so, by adding one or more of the following in respect of the patented product, namely, a dosage form, a strength and a route of administration, and Brevets et Alime (ii) by removing any entry listed in it; (b) on the recommendation of the Minister of Foreign Affairs, the Minister for International Trade and the Minister for International Cooperation, amend Schedule 2 by adding the name of any country recognized by the United Nations as being a least-developed country that has, (i) if it is a WTO Member, provided the TRIPS Council with a notice in writing stating that the country intends to import, in accordance with the General Council Decision, pharmaceutical products, as defined in paragraph 1(a) of that decision, and (ii) if it is not a WTO Member, provided the Government of Canada with a notice in writing through diplomatic channels stating that the country intends to import pharmaceutical products, as defined in paragraph 1(a) of the General Council Decision, that it agrees that those products will not be used for commercial purposes and that it undertakes to adopt the measures referred to in Article 4 of that decision; (c) on the recommendation of the Minister of Foreign Affairs, the Minister for International Trade and the Minister for International Cooperation, amend Schedule 3 by adding the name of any WTO Member not listed in Schedule 2 that has provided the TRIPS Council with a notice in writing stating that the WTO Member intends to import, in accordance with the General Council Decision, pharmaceutical products, as defined in paragraph 1(a) of that decision; and (d) on the recommendation of the Minister of Foreign Affairs, the Minister for International Trade and the Minister for International Cooperation, amend Schedule 4 by adding the name of (i) any WTO Member not listed in Schedule 2 or 3 that has provided the TRIPS Council with a notice in writing stating that the WTO Member intends to import, in accordance with the General C. 23 Patent and Fo Council Decision, pharmaceutical products, as defined in paragraph 1(a) of that decision, or (ii) any country that is not a WTO Member and that is named on the Organization for Economic Co-operation and Development’s list of countries that are eligible for official development assistance and that has provided the Government of Canada with a notice in writing through diplomatic channels (A) stating that it is faced with a national emergency or other circumstances of extreme urgency, (B) specifying the name of the pharmaceutical product, as defined in paragraph 1(a) of the General Council Decision, and the quantity of that product, needed by the country to deal with the emergency or other urgency, (C) stating that it has no, or insufficient, pharmaceutical capacity to manufacture that product, and (D) stating that it agrees that that product will not be used for commercial purposes and that it undertakes to adopt the measures referred to in Article 4 of the General Council Decision. Restriction — Schedule 3 (2) The Governor in Council may not add to Schedule 3 the name of any WTO Member that has notified the TRIPS Council that it will import, in accordance with the General Council Decision, pharmaceutical products, as defined in paragraph 1(a) of that decision, only if faced with a national emergency or other circumstances of extreme urgency. Removal from Schedules 2 to 4 (3) The Governor in Council may, by order, on the recommendation of the Minister of Foreign Affairs, the Minister for International Trade and the Minister for International Cooperation, amend any of Schedules 2 to 4 to remove the name of any country or WTO Member if (a) in the case of a country or WTO Member listed in Schedule 2, the country or WTO Member has ceased to be recognized by the United Nations as being a least-developed country or, in the case of a country that is not Brevets et Alime a WTO Member, the country has permitted any product imported into that country under an authorization to be used for commercial purposes or has failed to adopt the measures referred to in Article 4 of the General Council Decision; (b) in the case of a WTO Member listed in Schedule 3, the WTO Member has notified the TRIPS Council that it will import, in accordance with the General Council Decision, pharmaceutical products, as defined in paragraph 1(a) of that decision, only if faced with a national emergency or other circumstances of extreme urgency; (c) in the case of a WTO Member listed in Schedule 4, the WTO Member has revoked any notification it has given to the TRIPS Council that it will import pharmaceutical products, as defined in paragraph 1(a) of the General Council Decision, only if faced with a national emergency or other circumstances of extreme urgency; (d) in the case of a country listed in Schedule 4 that is not a WTO Member, (i) the name of the country is no longer on the Organization for Economic Co-operation and Development’s list of countries that are eligible for official development assistance, (ii) the country no longer faces a national emergency or other circumstances of extreme urgency, (iii) the country has permitted any product imported into that country under an authorization to be used for commercial purposes, or (iv) the country has failed to adopt the measures referred to in Article 4 of the General Council Decision; (e) in the case of any country or WTO Member listed in Schedule 3 or 4, the country or WTO Member has become recognized by the United Nations as a least-developed country; and (f) in the case of any country or WTO Member listed in any of Schedules 2 to 4, the country has notified the Government of Canada, or the WTO Member has notified C. 23 Patent and Fo the TRIPS Council, that it will not import pharmaceutical products, as defined in paragraph 1(a) of the General Council Decision. Timeliness of orders (4) An order under this section shall be made in a timely manner. Authorization 21.04 (1) Subject to subsection (3), the Commissioner shall, on the application of any person and on the payment of the prescribed fee, authorize the person to make, construct and use a patented invention solely for purposes directly related to the manufacture of the pharmaceutical product named in the application and to sell it for export to a country or WTO Member that is listed in any of Schedules 2 to 4 and that is named in the application. Contents of application (2) The application must be in the prescribed form and set out (a) the name of the pharmaceutical product to be manufactured and sold for export under the authorization; (b) prescribed information in respect of the version of the pharmaceutical product to be manufactured and sold for export under the authorization; (c) the maximum quantity of the pharmaceutical product to be manufactured and sold for export under the authorization; (d) for each patented invention to which the application relates, the name of the patentee of the invention and the number, as recorded in the Patent Office, of the patent issued in respect of that invention; (e) the name of the country or WTO Member to which the pharmaceutical product is to be exported; (f) the name of the governmental person or entity, or the person or entity permitted by the government of the importing country, to which the product is to be sold, and prescribed information, if any, concerning that person or entity; and (g) any other information that may be prescribed. Conditions for granting of authorization (3) The Commissioner shall authorize the use of the patented invention only if Brevets et Alime (a) the applicant has complied with the prescribed requirements, if any; (b) the Minister of Health has notified the Commissioner that the version of the pharmaceutical product that is named in the application meets the requirements of the Food and Drugs Act and its regulations, including the requirements under those regulations relating to the marking, embossing, labelling and packaging that identify that version of the product as having been manufactured (i) in Canada as permitted by the General Council Decision, and (ii) in a manner that distinguishes it from the version of the pharmaceutical product sold in Canada by, or with the consent of, the patentee or patentees, as the case may be; (c) the applicant provides the Commissioner with a solemn or statutory declaration in the prescribed form stating that the applicant had, at least thirty days before filing the application, (i) sought from the patentee or, if there is more than one, from each of the patentees, by certified or registered mail, a licence to manufacture and sell the pharmaceutical product for export to the country or WTO Member named in the application on reasonable terms and conditions and that such efforts have not been successful, and (ii) provided the patentee, or each of the patentees, as the case may be, by certified or registered mail, in the written request for a licence, with the information that is in all material respects identical to the information referred to in paragraphs (2)(a) to (g); and (d) the applicant also provides the Commissioner with (i) if the application relates to a WTO Member listed in Schedule 2, a certified copy of the notice in writing that the WTO Member has provided to the TRIPS Council specifying the name of the pharmaceutical product, as defined in para8 C. 23 Patent and Fo graph 1(a) of the General Council Decision, and the quantity of that product, needed by the WTO Member, and (A) a solemn or statutory declaration in the prescribed form by the person filing the application stating that the product to which the application relates is the product specified in the notice and that the product is not patented in that WTO Member, or (B) a solemn or statutory declaration in the prescribed form by the person filing the application stating that the product to which the application relates is the product specified in the notice and a certified copy of the notice in writing that the WTO Member has provided to the TRIPS Council confirming that the WTO Member has, in accordance with Article 31 of the TRIPS Agreement and the provisions of the General Council Decision, granted or intends to grant a compulsory licence to use the invention pertaining to the product, (ii) if the application relates to a country listed in Schedule 2 that is not a WTO Member, a certified copy of the notice in writing that the country has provided to the Government of Canada through diplomatic channels specifying the name of the pharmaceutical product, as defined in paragraph 1(a) of the General Council Decision, and the quantity of that product, needed by the country, and (A) a solemn or statutory declaration in the prescribed form by the person filing the application stating that the product to which the application relates is the product specified in the notice and that the product is not patented in that country, or (B) a solemn or statutory declaration in the prescribed form by the person filing the application stating that the product to which the application relates is the product specified in the notice and a certified copy of the notice in writing that the country has provided to the Government of Canada through diplo2004 Brevets et Alime matic channels confirming that the country has granted or intends to grant a compulsory licence to use the invention pertaining to the product, (iii) if the application relates to a WTO Member listed in Schedule 3, a certified copy of the notice in writing that the WTO Member has provided to the TRIPS Council specifying the name of the pharmaceutical product, as defined in paragraph 1(a) of the General Council Decision, and the quantity of that product, needed by the WTO Member, and stating that the WTO Member has insufficient or no pharmaceutical manufacturing capacity for the production of the product to which the application relates, and (A) a solemn or statutory declaration in the prescribed form by the person filing the application stating that the product to which the application relates is not patented in that WTO Member, or (B) a certified copy of the notice in writing that the WTO Member has provided to the TRIPS Council confirming that the WTO Member has, in accordance with Article 31 of the TRIPS Agreement and the provisions of the General Council Decision, granted or intends to grant a compulsory licence to use the invention pertaining to the product, (iv) if the application relates to a WTO Member listed in Schedule 4, a certified copy of the notice in writing that the WTO Member has provided to the TRIPS Council specifying the name of the pharmaceutical product, as defined in paragraph 1(a) of the General Council Decision, and the quantity of that product, needed by the WTO Member, and stating that the WTO Member is faced with a national emergency or other circumstances of extreme urgency and that it has insufficient or no pharmaceutical manufacturing capacity for the production of the product to which the application relates, and C. 23 Patent and Fo (A) a solemn or statutory declaration in the prescribed form by the person filing the application stating that the product to which the application relates is not patented in that WTO Member, or (B) a certified copy of the notice in writing that the WTO Member has provided to the TRIPS Council confirming that the WTO Member has, in accordance with Article 31 of the TRIPS Agreement and the provisions of the General Council Decision, granted or intends to grant a compulsory licence to use the invention pertaining to the product, or (v) if the application relates to a country listed in Schedule 4 that is not a WTO Member, a certified copy of the notice in writing that the country has provided to the Government of Canada through diplomatic channels specifying the name of the pharmaceutical product, as defined in paragraph 1(a) of the General Council Decision, and the quantity of that product, needed by the country, and stating that it is faced with a national emergency or other circumstances of extreme urgency, that it has insufficient or no pharmaceutical manufacturing capacity for the production of the product to which the application relates, that it agrees that product will not be used for commercial purposes and that it undertakes to adopt the measures referred to in Article 4 of the General Council Decision, and (A) a solemn or statutory declaration in the prescribed form by the person filing the application stating that the product to which the application relates is not patented in that country, or (B) a certified copy of the notice in writing that the country has provided to the Government of Canada through diplomatic channels confirming that the country has granted or intends to grant a compulsory licence to use the invention pertaining to the product. Brevets et Alime Form and content of authorization 21.05 (1) The authorization must be in the prescribed form and, subject to subsection (2), contain the prescribed information. Quantity (2) The quantity of the product authorized to be manufactured by an authorization may not be more than the lesser of (a) the maximum quantity set out in the application for the authorization, and (b) the quantity set out in the notice referred to in any of subparagraphs 21.04(3)(d)(i) to (v), whichever is applicable. Disclosure of information on website 21.06 (1) Before exporting a product manufactured under an authorization, the holder of the authorization must establish a website on which is disclosed the prescribed information respecting the name of the product, the name of the country or WTO Member to which it is to be exported, the quantity that is authorized to be manufactured and sold for export and the distinguishing features of the product, and of its label and packaging, as required by regulations made under the Food and Drugs Act, as well as information identifying every known party that will be handling the product while it is in transit from Canada to the country or WTO Member to which it is to be exported. Obligation to maintain (2) The holder must maintain the website during the entire period during which the authorization is valid. Links to other websites (3) The Commissioner shall post and maintain on the website of the Canadian Intellectual Property Office a link to each website required to be maintained by the holder of an authorization under subsection (1). Posting on the website (4) The Commissioner shall, within seven days of receipt, post on the website of the Canadian Intellectual Property Office each application for authorization filed under subsection 21.04(1). Export notice 21.07 Before each shipment of any quantity of a product manufactured under an authorization, the holder of the authorization must, within fifteen days before the product is exported, provide to each of the following a notice, by certified or registered mail, specifying the quantity to be exported, as well as every known C. 23 Patent and Fo party that will be handling the product while it is in transit from Canada to the country or WTO Member to which it is to be exported: (a) the patentee or each of the patentees, as the case may be; (b) the country or WTO Member named in the authorization; and (c) the person or entity that purchased the product to which the authorization relates. Royalty 21.08 (1) Subject to subsections (3) and (4), on the occurrence of a prescribed event, the holder of an authorization is required to pay to the patentee or each patentee, as the case may be, a royalty determined in the prescribed manner. Factors to consider when making regulations (2) In making regulations for the purposes of subsection (1), the Governor in Council must consider the humanitarian and non-commercial reasons underlying the issuance of authorizations under subsection 21.04(1). Time for payment (3) The royalties payable under this section must be paid within the prescribed time. Federal Court may determine royalty (4) The Federal Court may, in relation to any authorization, make an order providing for the payment of a royalty that is greater than the royalty that would otherwise be required to be paid under subsection (1). Application and notice (5) An order may be made only on the application of the patentee, or one of the patentees, as the case may be, and on notice of the application being given by the applicant to the holder of the authorization. Contents of order (6) An order may provide for a royalty of a fixed amount or for a royalty to be determined as specified in the order, and the order may be subject to any terms that the Federal Court considers appropriate. Conditions for making of order (7) The Federal Court may make an order only if it is satisfied that the royalty otherwise required to be paid is not adequate remuneration for the use of the invention or inventions to which the authorization relates, taking into account (a) the humanitarian and non-commercial reasons underlying the issuance of the authorization; and Brevets et Alime (b) the economic value of the use of the invention or inventions to the country or WTO Member. Duration 21.09 An authorization granted under subsection 21.04(1) is valid for a period of two years beginning on the day on which the authorization is granted. Use is nonexclusive 21.1 The use of a patented invention under an authorization is non-exclusive. Authorization is non-transferable 21.11 An authorization is non-transferable, other than where the authorization is an asset of a corporation or enterprise and the part of the corporation or enterprise that enjoys the use of the authorization is sold, assigned or otherwise transferred. Renewal 21.12 (1) The Commissioner shall, on the application of the person to whom an authorization was granted and on the payment of the prescribed fee, renew the authorization if the person certifies under oath in the renewal application that the quantities of the pharmaceutical product authorized to be exported were not exported before the authorization ceases to be valid and that the person has complied with the terms of the authorization and the requirements of sections 21.06 to 21.08. One renewal (2) An authorization may be renewed only once. When application must be made (3) The application for renewal must be made within the 30 days immediately before the authorization ceases to be valid. Duration (4) An authorization that is renewed is valid for a period of two years beginning on the day immediately following the day of the expiry of the period referred to in section 21.09 in respect of the authorization. Prescribed form (5) Applications for renewal and renewed authorizations issued under subsection (1) must be in the prescribed form. Termination 21.13 Subject to section 21.14, an authorization ceases to be valid on the earliest of (a) the expiry of the period referred to in section 21.09 in respect of the authorization, or the expiry of the period referred to in subsection 21.12(4) if the authorization has been renewed, as the case may be, C. 23 Patent and Fo (b) the day on which the Commissioner sends, by registered mail, to the holder of the authorization a copy of a notice sent by the Minister of Health notifying the Commissioner that the Minister of Health is of the opinion that the pharmaceutical product referred to in paragraph 21.04(3)(b) has ceased to meet the requirements of the Food and Drugs Act and its regulations, (c) the day on which the last of the pharmaceutical product authorized by the authorization to be exported is actually exported, (d) thirty days after the day on which (i) the name of the pharmaceutical product authorized to be exported by the authorization is removed from Schedule 1, or (ii) the name of the country or WTO Member to which the pharmaceutical product was, or is to be, exported is removed from Schedule 2, 3 or 4, as the case may be, and not added to any other of those Schedules, and (e) on any other day that is prescribed. Termination by Federal Court 21.14 On the application of a patentee, and on notice given by the patentee to the person to whom an authorization was granted, the Federal Court may make an order, on any terms that it considers appropriate, terminating the authorization if the patentee establishes that (a) the application for the authorization or any of the documents provided to the Commissioner in relation to the application contained any material information that is inaccurate; (b) the holder of the authorization has failed to establish a website as required by section 21.06, has failed to disclose on that website the information required to be disclosed by that section or has failed to maintain the website as required by that section; (c) the holder of the authorization has failed to provide a notice required to be given under section 21.07; Brevets et Alime (d) the holder of the authorization has failed to pay, within the required time, any royalty required to be paid as a result of the authorization; (e) the holder of the authorization has failed to comply with subsection 21.16(2); (f) the product exported to the country or WTO Member, as the case may be, under the authorization has been, with the knowledge of the holder of the authorization, re-exported in a manner that is contrary to the General Council Decision; (g) the product was exported, other than in the normal course of transit, to a country or WTO Member other than the country or WTO Member named in the authorization; (h) the product was exported in a quantity greater than the quantity authorized to be manufactured; or (i) if the product was exported to a country that is not a WTO Member, the country has permitted the product to be used for commercial purposes or has failed to adopt the measures referred to in Article 4 of the General Council Decision. Notice to patentee 21.15 The Commissioner shall, without delay, notify the patentee, or each of the patentees, as the case may be, in writing of any authorization granted in respect of the patentee’s invention. Obligation to provide copy of agreement 21.16 (1) Within fifteen days after the later of the day on which the authorization was granted and the day on which the agreement for the sale of the product to which the authorization relates was entered into, the holder of an authorization must provide by certified or registered mail, the Commissioner and the patentee, or each patentee, as the case may be, with (a) a copy of the agreement it has reached with the person or entity referred to in paragraph 21.04(2)(f) for the supply of the product authorized to be manufactured and sold, which agreement must incorporate information that is in all material respects identical to the information referred to in paragraphs 21.04(2)(a), (b), (e) and (f); and (b) a solemn or statutory declaration in the prescribed form setting out C. 23 Patent and Fo (i) the total monetary value of the agreement as it relates to the product authorized to be manufactured and sold, expressed in Canadian currency, and (ii) the number of units of the product to be sold under the terms of the agreement. Prohibition (2) The holder of an authorization may not export any product to which the authorization relates until after the holder has complied with subsection (1). Application when agreement is commercial in nature 21.17 (1) If the average price of the product to be manufactured under an authorization is equal to or greater than 25 per cent of the average price in Canada of the equivalent product sold by or with the consent of the patentee, the patentee may, on notice given by the patentee to the person to whom an authorization was granted, apply to the Federal Court for an order under subsection (3) on the grounds that the essence of the agreement under which the product is to be sold is commercial in nature. Factors for determining whether agreement is commercial in nature (2) In determining whether the agreement is commercial in nature, the Federal Court must take into account (a) the need for the holder of the authorization to make a reasonable return sufficient to sustain a continued participation in humanitarian initiatives; (b) the ordinary levels of profitability, in Canada, of commercial agreements involving pharmaceutical products, as defined in paragraph 1(a) of the General Council Decision; and (c) international trends in prices as reported by the United Nations for the supply of such products for humanitarian purposes. Order (3) If the Federal Court determines that the agreement is commercial in nature, it may make an order, on any terms that it considers appropriate, (a) terminating the authorization; or (b) requiring the holder to pay, in addition to the royalty otherwise required to be paid, an amount that the Federal Court considers adequate to compensate the patentee for the commercial use of the patent. Brevets et Alime Additional order (4) If the Federal Court makes an order terminating the authorization, the Federal Court may also, if it considers it appropriate to do so, make an order, on any terms that it considers appropriate, (a) requiring the holder to deliver to the patentee any of the product to which the authorization relates remaining in the holder’s possession as though the holder had been determined to have been infringing a patent; or (b) with the consent of the patentee, requiring the holder to export any of the product to which the authorization relates remaining in the holder’s possession to the country or WTO Member named in the authorization. Restriction (5) The Federal Court may not make an order under subsection (3) if, under the protection of a confidentiality order made by the Court, the holder of the authorization submits to a Courtsupervised audit and that audit establishes that the average price of the product manufactured under the authorization does not exceed an amount equal to the direct supply cost of the product plus 15 per cent of that direct supply cost. Definitions (6) The following definitions apply in this section. “average price” « prix moyen » “average price” means (a) in relation to a product to be manufactured under an authorization, the total monetary value of the agreement under which the product is to be sold, expressed in Canadian currency, divided by the number of units of the product to be sold under the terms of the agreement; and “direct supply cost” « coût direct de fourniture » (b) in relation to an equivalent product sold by or with the consent of the patentee, the average of the prices in Canada of that product as those prices are reported in prescribed publications on the day on which the application for the authorization was filed. “direct supply cost”, in relation to a product to be manufactured under an authorization, means the cost of the materials and of the labour, and any other manufacturing costs, “unit” « unité » C. 23 Patent and Fo directly related to the production of the quantity of the product that is to be manufactured under the authorization. “unit”, in relation to any product, means a single tablet, capsule or other individual dosage form of the product, and if applicable, in a particular strength. Advisory committee 21.18 (1) The Minister and the Minister of Health shall establish, within three years after the day this section comes into force, an advisory committee to advise them on the recommendations that they may make to the Governor in Council respecting the amendment of Schedule 1. Functions of standing committee (2) The standing committee of the House of Commons that normally considers matters related to industry shall assess all candidates for appointment to the advisory committee and make recommendations to the Minister on the eligibility and qualifications of those candidates. Website for notices to Canada 21.19 The person designated by the Governor in Council for the purpose of this section must maintain a website on which is set out a copy of every notice referred to in subparagraphs 21.04(3)(d)(ii) and (v) that is provided to the Government of Canada through diplomatic channels by a country that is not a WTO Member. The copy must be added to the website as soon as possible after the notice has been provided to the Government of Canada. Review 21.2 (1) A review of sections 21.01 to 21.19 and their application must be completed by the Minister two years after this section comes into force. Tabling of report (2) The Minister must cause a report of the results of the review to be laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the report has been completed. R.S., c. F-27 FOOD AND DRUGS ACT 2. Section 30 of the Food and Drugs Act is amended by adding the following after subsection (4): Regulations to implement the General Council Decision (5) Without limiting or restricting the authority conferred by any other provisions of this Act or any of its Parts for carrying into effect the Brevets et Alime purposes and provisions of this Act or any of its Parts, the Governor in Council may make any regulations that the Governor in Council considers necessary for the purpose of implementing the General Council Decision. Definitions “General Council ” « Conseil général » “General Council Decision” « décision du Conseil général » “TRIPS Agreement” « Accord sur les ADPIC » “WTO” « OMC » (6) The definitions in this subsection apply in this subsection and in subsection (5). “General Council” means the General Council of the WTO established by paragraph 2 of Article IV of the Agreement Establishing the World Trade Organization, signed at Marrakesh on April 15, 1994. “General Council Decision” means the decision of the General Council of August 30, 2003 respecting Article 31 of the TRIPS Agreement, including the interpretation of that decision in the General Council Chairperson’s statement of that date. “TRIPS Agreement” means the Agreement on Trade-Related Aspects of Intellectual Property Rights, being Annex 1C of the Agreement Establishing the World Trade Organization, signed at Marrakesh on April 15, 1994. “WTO” means the World Trade Organization established by Article I of the Agreement Establishing the World Trade Organization, signed at Marrakesh on April 15, 1994. 3. Section 37 of the Act is amended by adding the following after subsection (1): Exception — General Council Decision (2) Despite subsection (1), this Act applies in respect of any drug or device to be manufactured for the purpose of being exported in accordance with the General Council Decision, as defined in subsection 30(6), and the requirements of the Act and the regulations apply to the drug or device as though it were a drug or device to be manufactured and sold for consumption in Canada, unless the regulations provide otherwise. COMING INTO FORCE Coming into force 4. This Act comes into force on a day to be fixed by order of the Governor in Council. C. 23 Patent and Food and SCHEDU (Definition “pharmaceutical product” in se abacavir (ABC) tablet, 300 mg (as sulfat abacavir + lamivudine + zidovudine tablet, 300 mg (as sulfat aciclovir tablet, 200 mg; powder f amphotericin B powder for injection, 50 amprenavir tablet, 150 mg; capsule, azithromycin capsule, 250 mg or 500 beclometasone inhalation (aerosol), 50 m ceftazidime powder for injection, 25 ceftriaxone injection, 500 mg (as so ciclosporin capsule, 25 mg; concent ciprofloxacin tablet, 250 mg (as hydro ciprofloxacin tablet, 250 mg or 500 m daunorubicin powder for injection, 50 delavirdine capsule or tablet, 100 m didanosine (ddI) buffered chewable, dispe solution, 100 mg, 167 mg 400 mg diphtheria antitoxin injection, 10 000 IU or 2 diphtheria vaccine doxorubicin powder for injection, 10 efavirenz (EFV or EFZ) capsule, 50 mg, 100 mg eflornithine injection, 200 mg (hydro enalapril tablet, 2.5 mg erythromycin capsule or tablet, 250 mg or ethyl succinate); powd etoposide capsule, 100 mg; injectio factor IX (complex coagulation factors II, VII, IX, X) dried concentrate hepatitis B vaccine ibuprofen tablet, 200 mg or 400 m indinavir (IDV) capsule, 200 mg, 333 m insulin injection (soluble) injection, 40 IU/mL in 1 intermediate-acting insulin injection, 40 IU/mL in 1 isophane insulin) isoniazid + pyrazinamide + rifampin tablet, 50 mg + 300 mg ivermectin scored tablet, 3 mg or 6 Brevets et Aliments et ANNEX (définition de « produit pharmaceutique » abacavir (ABC) comprimé, 300 mg (sous abacavir + lamivudine + zidovudine comprimé, 300 mg (sous aciclovir comprimé, 200 mg; poud amphotéricine B poudre pour préparations amprenavir comprimé, 150 mg; gélu antitoxine diphtérique solution injectable, 10 00 azithromycine gélules, 250 mg ou 500 béclométasone solution pour inhalation (dipropionate) par dose carbonate de lithium gélule ou comprimé, 300 ceftazidime poudre pour préparations ceftriaxone solution injectable, 500 m forme de sel de sodium) chlorure de potassium poudre pour solution ciclosporine gélule, 25 mg; concentré d’organes) ciprofloxacine comprimé, 250 mg (sous ciprofloxacine comprimé, 250 mg ou 5 complexe de facteur IX (concentré des facteurs de desséché coagulation II, VII, IX, X) daunorubicine poudre pour préparations delavirdine gélule ou comprimé, 100 didanosine (ddl) comprimé à croquer, disp pour solution buvable, 10 mg, 200 mg, 250 mg, 40 doxorubicine poudre pour préparations efavirenz (EFV ou EFZ) gélule, 50 mg, 100 mg o éflornithine solution injectable, 200 m énalapril comprimé, 2,5 mg érythromycine gélule ou comprimé, 25 buvable, 125 mg (sous f mg (sous forme de lacto étoposide gélule, 100 mg; solution ibuprofène comprimé, 200 mg ou 4 indinavir (IDV) gélule, 200 mg, 333 mg insuline d’action intermédiaire solution injectable, 40 U complexe d’insuline zinc insuline injectable (soluble) solution injectable, 40 U C. 23 Patent and Food and lamivudine (3TC) capsule or tablet, 150 m lamivudine + zidovudine tablet, 150 mg + 300 mg levodopa + carbidopa tablet, 100 mg + 10 mg levofloxacin tablet, 250 mg or 500 m lithium carbonate capsule or tablet, 300 m lopinavir + ritonavir (LPV/r) capsule, 133.3 mg + 33. metoclopramide tablet, 10 mg (hydrochlo metronidazole tablet, 250 mg or 500 mg 200 mg (as benzoate)/5 morphine injection, 10 mg in 1-m sulfate)/5 mL; tablet, 10 nelfinavir (NFV) tablet, 250 mg (as mesil nevirapine (NVP) tablet, 200 mg; oral susp nifedipine sustained release formula nitrofurantoin tablet, 100 mg ofloxacin tablet, 200 mg or 400 m potassium chloride powder for solution ranitidine tablet, 150 mg (as hydro ritonavir capsule, 100 mg; oral so salbutamol tablet, 2 mg or 4 mg (as s mL; injection, 50 microg mg (as sulfate)/mL saquinavir (SQV) capsule, 200 mg stavudine (d4T) capsule, 15 mg, 20 mg, testosterone injection, 200 mg (enant timolol solution (eye drops), 0.2 verapamil tablet, 40 mg or 80 mg ( zalcitabine capsule or tablet, 0.375 m zidovudine (ZDV or AZT) tablet, 300 mg; capsule, injection, 10 mg/mL in 2 Brevets et Aliments et isoniazide + pyrazinamide + rifampine comprimé, 50 mg + 300 ivermectine comprimé sécable, 3 mg lamivudine (3TC) gélule ou comprimé, 150 lamivudine + zidovudine comprimé, 150 mg + 30 lévodopa + carbidopa comprimé, 100 mg + 10 lévofloxacine comprimé, 250 mg ou 5 lopinavir + ritonavir (LPV/r) gélule, 133,3 mg + 33,3 métoclopramide comprimé, 10 mg (chlor métronidazole comprimé, 250 mg ou 50 g; suspension buvable, 2 morphine solution injectable, 10 m (chlorhydrate ou sulfate) nelfinavir (NFV) comprimé, 250 mg (sous névirapine (NVP) comprimé, 200 mg; susp nifédipine formulations à libération nitrofurantoïne comprimé, 100 mg ofloxacine comprimé, 200 mg ou 4 ranitidine comprimé, 150 mg (sous mg/ml en ampoule de 2 ritonavir gélule, 100 mg; solution salbutamol comprimé, 2 mg ou 4 mg (sous forme de sulfate) microgrammes (sous form de sulfate)/ml saquinavir (SQV) gélule, 200 mg stavudine (d4T) gélule, 15 mg, 20 mg, 3 testostérone solution injectable, 200 m timolol solution (collyre), 0,25 % vaccin antidiphtérique vaccin antihépatite B vérapamil comprimé, 40 mg ou 80 m ml zalcitabine gélule ou comprimé, 0,3 zidovudine (ZDV ou AZT) comprimé, 300 mg; gélu perfusion intraveineuse, C. 23 Patent and Food and SCHEDULE 2 (Paragraph 21.03(1)(b)) Afghanistan Afghanistan Angola Angola Bangladesh Bangladesh Benin Bénin Bhutan Bhoutan Burkina Faso Burkina Faso Burundi Burundi Cambodia Cambodge Cape Verde Cap-Vert Central African Republic République centrafricaine Chad Tchad Comoros Comores Democratic Republic of the Congo République démocratique du Congo Djibouti Djibouti Equatorial Guinea Guinée équatoriale Eritrea Érythrée Ethiopia Éthiopie Gambia Gambie Guinea Guinée Guinea-Bissau Guinée-Bissau Haiti Haïti 2004 Kiribati Kiribati Lao People’s Democratic Republic République démocratique populaire lao Lesotho Lesotho Liberia Libéria Madagascar Madagascar Malawi Malawi Maldives Maldives Mali Mali Mauritania Mauritanie Mozambique Mozambique Myanmar Myanmar Nepal Népal Niger Niger Rwanda Rwanda Samoa Samoa Sao Tome and Principe Sao Tomé-et-Principe Senegal Sénégal Sierra Leone Sierra Leone Solomon Islands Îles Salomon Somalia Somalie Sudan Soudan Timor-Leste Timor-Leste Brevets et Aliments et C. 23 Togo Togo Tuvalu Tuvalu Uganda Ouganda United Republic of Tanzania République-Unie de Tanzanie Vanuatu Vanuatu Yemen Yémen Zambia Zambie Patent and Food and Brevets et Aliments et 2004 SCHEDULE 3 (Paragraph 21.03(1)(c)) Albania Albanie Antigua and Barbuda Antigua-et-Barbuda Argentina Argentine Armenia Arménie Bahrain, Kingdom of Bahreïn, Royaume de Barbados Barbade Belize Belize Bolivia Bolivie Botswana Botswana Brazil Brésil Brunei Darussalam Brunéi Darussalam Bulgaria Bulgarie Cameroon Cameroun Chile Chili China Chine Colombia Colombie Congo Congo Costa Rica Costa Rica Côte d’Ivoire Côte d’Ivoire Croatia Croatie Cuba Cuba C. 23 Dominica Dominique Dominican Republic République dominicaine Ecuador Équateur Egypt Égypte El Salvador El Salvador Fiji Fidji Former Yugoslav Republic of Macedonia Ex-République yougoslave de Macédoine Gabon Gabon Georgia Géorgie Ghana Ghana Grenada Grenade Guatemala Guatemala Guyana Guyana Honduras Honduras India Inde Indonesia Indonésie Jamaica Jamaïque Jordan Jordanie Kenya Kenya Kyrgyz Republic République kirghize Liechtenstein Liechtenstein Malaysia Malaisie Patent and Food and 2004 Mauritius Maurice Moldova Moldova Mongolia Mongolie Morocco Maroc Namibia Namibie Nicaragua Nicaragua Nigeria Nigéria Oman Oman Pakistan Pakistan Panama Panama Papua New Guinea Papouasie-Nouvelle-Guinée Paraguay Paraguay Peru Pérou Philippines Philippines Romania Roumanie Saint Kitts and Nevis Saint-Kitts-et-Nevis Saint Lucia Sainte-Lucie Saint Vincent and the Grenadines Saint-Vincent-et-les-Grenadines South Africa Afrique du Sud Sri Lanka Sri Lanka Suriname Suriname Swaziland Swaziland Brevets et Aliments et C. 23 Thailand Thaïlande Trinidad and Tobago Trinité-et-Tobago Tunisia Tunisie Uruguay Uruguay Venezuela Venezuela Zimbabwe Zimbabwe Patent and Food and Brevets et Aliments et 2004 SCHEDULE 4 (Paragraph 21.03(1)(d)) Cyprus Chypre Czech Republic République tchèque Estonia Estonie Hong Kong, China Hong Kong, Chine Hungary Hongrie Israel Israël Korea Corée Kuwait Koweït Latvia Lettonie Lithuania Lituanie Macao, China Macao, Chine Malta Malte Mexico Mexique Poland Pologne Qatar Qatar Singapore Singapour Slovak Republic République slovaque Slovenia Slovénie Chinese Taipei Taipei chinois Turkey Turquie United Arab Emirates Émirats arabes unis Published under authority of the Speaker of the House of Commons Available from: Public Works and Government Services Canada Ottawa, Ontario K1A 0S5 Available from: Public Works and Government Services Canada Ottawa, Ontario K1A 0S5

Third Session, Thirty-seventh Parliament, 52-53 Elizabeth II, 2004 STATUTES OF CANADA 2004 CHAPTER 2 An Act respecting assisted human reproduction and related research BILL C-6 ASSENTED TO 29th MARCH, 2004 RECOMMENDATION Her Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled ‘‘An Act respecting assisted human reproduction’’. SUMMARY This enactment prohibits assisted reproduction procedures that are considered to be ethically unacceptable. Other types of assisted reproduction procedures are prohibited unless carried out in accordance with a licence and the regulations, which will address health and safety concerns. The creation and use of embryos for research purposes is also addressed. A privacy regime governs the collection, use and disclosure of health reporting information. The enactment creates the Assisted Human Reproduction Agency of Canada. The Agency will provide advice to the Minister of Health on the matters governed by the enactment. It will also be responsible for the issuance and review of licences, the collection and analysis of health reporting information, inspections and the enforcement of the enactment. The enactment creates offences for contravention of the provisions of the enactment, the regulations made under it or the terms and conditions of a licence. ��� ������������� ������������ ��� ��������� �� ��� ������������� �������� ������������� �� ��� ��������� �������� ��������������������� TABLE OF PROVISIONS AN ACT RESPECTING ASSISTED HUMAN REPRODUCTION AND RELATED RESEARCH SHORT TITLE 1. Short title PRINCIPLES 2. Declaration 3. Definitions 4. Her Majesty bound INTERPRETATION AND APPLICATION PROHIBITED ACTIVITIES 5. Prohibited procedures 6. Payment for surrogacy 7. Purchase of gametes 8. Use of reproductive material without consent 9. Gametes obtained from minor CONTROLLED ACTIVITIES 10. Use of human reproductive material 11. Transgenics 12. Reimbursement of expenditures 13. Use of premises PRIVACY AND ACCESS TO INFORMATION 14. Information to be collected by licensees 15. Disclosure of information restricted 16. Access to health reporting information 17. Personal health information registry 18. Use of information by Agency 19. Information available from Agency RESPONSIBILITY OF MINISTER 20. Assisted human reproduction policy ASSISTED HUMAN REPRODUCTION AGENCY OF CANADA 21. Agency established 22. Objectives 23. Principles 24. Powers of Agency �� 25. Policy directions 26. Board of directors 27. Meetings 28. Participation of deputy ministers 29. Members of the board 30. Management of Agency 31. By-laws 32. Delegation 33. Advisory panels 34. Appointment of Chairperson 35. Election of Vice-Chairperson 36. Appointment of President 37. President’s pay and benefits 38. Exercise of powers by officers and employees 39. Contracts and arrangements 40. Issuance of licence for controlled activity 41. Amendment and renewal of licences 42. Amendment, suspension or revocation for cause 43. Matters to be considered 44. Threats to health or safety ADMINISTRATION INSPECTION AND ENFORCEMENT 45. Definitions 46. Designation of inspectors 47. Entry by inspectors 48. Warrant to enter dwelling-house 49. Obstruction and false statements 50. Seizure by inspector 51. Application for restoration 52. Forfeiture 53. Search and seizure under warrant 54. Maintaining viable gametes and embryos 55. Designation of analysts 56. Analysis and examination 57. Certificate of analyst 58. Agreements for enforcement 59. Assistance to enforcement officers OFFENCES 60. Offence and punishment 61. Offence and punishment 62. Court orders 63. Consent of Attorney General �� 64. Notice to interested authorities REGULATIONS 65. Regulations of Governor in Council 66. Proposed regulations to be laid before Parliament 67. Exceptions EQUIVALENCY AGREEMENTS 68. Non-application of provisions in a province 69. Termination of agreement PARLIAMENTARY REVIEW 70. Parliamentary review of Act 71. Grandfathered activities TRANSITIONAL PROVISION CONSEQUENTIAL AMENDMENTS 72-73. Access to Information Act 74. Financial Administration Act 75. Privacy Act 76. Public Service Staff Relations Act 77. Public Service Superannuation Act COMING INTO FORCE 78. Order of Governor in Council 52-53 ELIZABETH II CHAPTER 2 An Act respecting assisted human reproduction and related research [Assented to 29th March, 2004] Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: SHORT TITLE Short title 1. This Act may be cited as the Assisted Human Reproduction Act. Declaration 2. The Parliament of Canada recognizes and declares that PRINCIPLES (a) the health and well-being of children born through the application of assisted human reproductive technologies must be given priority in all decisions respecting their use; (b) the benefits of assisted human reproductive technologies and related research for individuals, for families and for society in general can be most effectively secured by taking appropriate measures for the protection and promotion of human health, safety, dignity and rights in the use of these technologies and in related research; (c) while all persons are affected by these technologies, women more than men are directly and significantly affected by their application and the health and well-being of women must be protected in the application of these technologies; (d) the principle of free and informed consent must be promoted and applied as a fundamental condition of the use of human reproductive technologies; (e) persons who seek to undergo assisted reproduction procedures must not be dis� C. 2 Assisted Human criminated against, including on the basis of their sexual orientation or marital status; (f) trade in the reproductive capabilities of women and men and the exploitation of children, women and men for commercial ends raise health and ethical concerns that justify their prohibition; and (g) human individuality and diversity, and the integrity of the human genome, must be preserved and protected. INTERPRETATION AND APPLICATION Definitions 3. The following definitions apply in this Act. ‘‘Agency’’ « Agence » ‘‘Agency’’ means the Assisted Human Reproduction Agency of Canada established by subsection 21(1). ‘‘assisted reproduction procedure’’ « technique de procréation assistée » ‘‘assisted reproduction procedure’’ means any controlled activity referred to in section 10 that is performed for the purpose of creating a human being. ‘‘chimera’’ « chimère » ‘‘chimera’’ means (a) an embryo into which a cell of any non-human life form has been introduced; or (b) an embryo that consists of cells of more than one embryo, foetus or human being. ‘‘consent’’ « consentement » ‘‘consent’’ means fully informed and freely given consent that is given in accordance with the applicable law governing consent and that conforms to the provisions of the Human Pluripotent Stem Cell Research Guidelines released by the Canadian Institutes of Health Research in March, 2002, as detailed in the Regulations. ‘‘controlled activity’’ « activité réglementée » ‘‘controlled activity’’ means an activity that may not be undertaken except in accordance with sections 10 to 12. ‘‘donor’’ « donneur » ‘‘donor’’ means (a) in relation to human reproductive material, the individual from whose body it was obtained, whether for consideration or not; and (b) in relation to an in vitro embryo, a donor as defined in the regulations. Procréation ‘‘embryo’’ « embryon » ‘‘embryo’’ means a human organism during the first 56 days of its development following fertilization or creation, excluding any time during which its development has been suspended, and includes any cell derived from such an organism that is used for the purpose of creating a human being. ‘‘foetus’’ « foetus » ‘‘foetus’’ means a human organism during the period of its development beginning on the fifty-seventh day following fertilization or creation, excluding any time during which its development has been suspended, and ending at birth. ‘‘gene’’ « gène » ‘‘gene’’ includes a nucleotide sequence, and an artificially created gene or nucleotide sequence. ‘‘genome’’ « génome » ‘‘genome’’ means the totality of the deoxyribonucleic acid sequence of a particular cell. ‘‘health reporting information’’ « renseignement médical » ‘‘health reporting information’’ means information provided under this Act respecting (a) the identity, personal characteristics, genetic information and medical history of donors of human reproductive material and in vitro embryos, persons who have undergone assisted reproduction procedures and persons who were conceived by means of those procedures; and (b) the custody of donated human reproductive materials and in vitro embryos and the uses that are made of them. ‘‘human clone’’ « clone humain » ‘‘human clone’’ means an embryo that, as a result of the manipulation of human reproductive material or an in vitro embryo, contains a diploid set of chromosomes obtained from a single — living or deceased — human being, foetus or embryo. ‘‘human reproductive material’’ « matériel reproductif humain » ‘‘human reproductive material’’ means a sperm, ovum or other human cell or a human gene, and includes a part of any of them. ‘‘hybrid’’ « hybride » ‘‘hybrid’’ means (a) a human ovum that has been fertilized by a sperm of a non-human life form; � C. 2 Assisted Human (b) an ovum of a non-human life form that has been fertilized by a human sperm; (c) a human ovum into which the nucleus of a cell of a non-human life form has been introduced; (d) an ovum of a non-human life form into which the nucleus of a human cell has been introduced; or (e) a human ovum or an ovum of a non-human life form that otherwise contains haploid sets of chromosomes from both a human being and a non-human life form. ‘‘in vitro embryo’’ « embryon in vitro » ‘‘in vitro embryo’’ means an embryo that exists outside the body of a human being. ‘‘licence’’ « autorisation » ‘‘licence’’ means a licence issued in respect of a controlled activity or premises under section 40. ‘‘Minister’’ « ministre » ‘‘ovum’’ « ovule » ‘‘Minister’’ means the Minister of Health. ‘‘sperm’’ « spermatozoïde » ‘‘sperm’’ means a human sperm, whether mature or not. ‘‘surrogate mother’’ « mère porteuse » ‘‘surrogate mother’’ means a female person who — with the intention of surrendering the child at birth to a donor or another person — carries an embryo or foetus that was conceived by means of an assisted reproduction procedure and derived from the genes of a donor or donors. Her Majesty bound 4. This Act is binding on Her Majesty in right of Canada or a province. ‘‘ovum’’ means a human ovum, whether mature or not. PROHIBITED ACTIVITIES Prohibited procedures 5. (1) No person shall knowingly (a) create a human clone by using any technique, or transplant a human clone into a human being or into any non-human life form or artificial device; (b) create an in vitro embryo for any purpose other than creating a human being Procréation or improving or providing instruction in assisted reproduction procedures; (c) for the purpose of creating a human being, create an embryo from a cell or part of a cell taken from an embryo or foetus or transplant an embryo so created into a human being; (d) maintain an embryo outside the body of a female person after the fourteenth day of its development following fertilization or creation, excluding any time during which its development has been suspended; (e) for the purpose of creating a human being, perform any procedure or provide, prescribe or administer any thing that would ensure or increase the probability that an embryo will be of a particular sex, or that would identify the sex of an in vitro embryo, except to prevent, diagnose or treat a sex-linked disorder or disease; (f) alter the genome of a cell of a human being or in vitro embryo such that the alteration is capable of being transmitted to descendants; (g) transplant a sperm, ovum, embryo or foetus of a non-human life form into a human being; (h) for the purpose of creating a human being, make use of any human reproductive material or an in vitro embryo that is or was transplanted into a non-human life form; (i) create a chimera, or transplant a chimera into either a human being or a non-human life form; or (j) create a hybrid for the purpose of reproduction, or transplant a hybrid into either a human being or a non-human life form. Offers (2) No person shall offer to do, or advertise the doing of, anything prohibited by this section. � C. 2 Assisted Human Payment for prohibited act (3) No person shall pay or offer to pay consideration to any person for doing anything prohibited by this section. Payment for surrogacy 6. (1) No person shall pay consideration to a female person to be a surrogate mother, offer to pay such consideration or advertise that it will be paid. Acting as intermediary (2) No person shall accept consideration for arranging for the services of a surrogate mother, offer to make such an arrangement for consideration or advertise the arranging of such services. Payment to intermediaries (3) No person shall pay consideration to another person to arrange for the services of a surrogate mother, offer to pay such consideration or advertise the payment of it. Surrogate mother — minimum age (4) No person shall counsel or induce a female person to become a surrogate mother, or perform any medical procedure to assist a female person to become a surrogate mother, knowing or having reason to believe that the female person is under 21 years of age. Validity of agreement (5) This section does not affect the validity under provincial law of any agreement under which a person agrees to be a surrogate mother. Purchase of gametes 7. (1) No person shall purchase, offer to purchase or advertise for the purchase of sperm or ova from a donor or a person acting on behalf of a donor. Purchase or sale of embryos (2) No person shall (a) purchase, offer to purchase or advertise for the purchase of an in vitro embryo; or (b) sell, offer for sale or advertise for sale an in vitro embryo. Purchase of other reproductive material (3) No person shall purchase, offer to purchase or advertise for the purchase of a human cell or gene from a donor or a person acting on behalf of a donor, with the intention of using the gene or cell to create a human being or of making it available for that purpose. Procréation Exchanges included (4) In this section, ‘‘purchase’’ or ‘‘sell’’ includes to acquire or dispose of in exchange for property or services. Use of reproductive material without consent 8. (1) No person shall make use of human reproductive material for the purpose of creating an embryo unless the donor of the material has given written consent, in accordance with the regulations, to its use for that purpose. Posthumous use without consent (2) No person shall remove human reproductive material from a donor’s body after the donor’s death for the purpose of creating an embryo unless the donor of the material has given written consent, in accordance with the regulations, to its removal for that purpose. Use of in vitro embryo without consent (3) No person shall make use of an in vitro embryo for any purpose unless the donor has given written consent, in accordance with the regulations, to its use for that purpose. Gametes obtained from minor 9. No person shall obtain any sperm or ovum from a donor under 18 years of age, or use any sperm or ovum so obtained, except for the purpose of preserving the sperm or ovum or for the purpose of creating a human being that the person reasonably believes will be raised by the donor. CONTROLLED ACTIVITIES Use of human reproductive material 10. (1) No person shall, except in accordance with the regulations and a licence, alter, manipulate or treat any human reproductive material for the purpose of creating an embryo. Use of in vitro embryo (2) No person shall, except in accordance with the regulations and a licence, alter, manipulate, treat or make any use of an in vitro embryo. Keeping and handling gametes and embryos (3) No person shall, except in accordance with the regulations and a licence, obtain, store, transfer, destroy, import or export (a) a sperm or ovum, or any part of one, for the purpose of creating an embryo; or (b) an in vitro embryo, for any purpose. � C. 2 Assisted Human Transgenics 11. (1) No person shall, except in accordance with the regulations and a licence, combine any part or any proportion of the human genome specified in the regulations with any part of the genome of a species specified in the regulations. Definitions (2) The following definitions apply in this section. ‘‘human genome’’ « génome humain » ‘‘human genome’’ means the totality of the deoxyribonucleic acid sequence of the human species. ‘‘species’’ « espèce » ‘‘species’’ means any taxonomic classification of non-human life. Reimbursement of expenditures 12. (1) No person shall, except in accordance with the regulations and a licence, (a) reimburse a donor for an expenditure incurred in the course of donating sperm or an ovum; (b) reimburse any person for an expenditure incurred in the maintenance or transport of an in vitro embryo; or (c) reimburse a surrogate mother for an expenditure incurred by her in relation to her surrogacy. Receipts (2) No person shall reimburse an expenditure referred to in subsection (1) unless a receipt is provided to that person for the expenditure. No reimbursement (3) No person shall reimburse a surrogate mother for a loss of work-related income incurred during her pregnancy, unless (a) a qualified medical practitioner certifies, in writing, that continuing to work may pose a risk to her health or that of the embryo or foetus; and (b) the reimbursement is made in accordance with the regulations and a licence. Use of premises 13. No person who is licensed to undertake a controlled activity shall undertake it in any premises except in accordance with a licence permitting the use of the premises for that controlled activity. Procréation PRIVACY AND ACCESS TO INFORMATION Information to be collected by licensees 14. (1) A licensee shall not accept the donation of human reproductive material or an in vitro embryo from any person for the purpose of a controlled activity, and shall not perform a controlled activity on any person, unless the licensee has obtained from that person the health reporting information required to be collected under the regulations. Requirements of this Act to be conveyed (2) Before accepting a donation of human reproductive material or of an in vitro embryo from a person or accepting health reporting information respecting a person, a licensee shall (a) inform the person in writing of the requirements of this Act respecting, as the case may be, (i) the retention, use, provision to other persons and destruction of the human reproductive material or in vitro embryo, or (ii) the retention, use, disclosure and destruction of the health reporting information; (b) to the extent required by the regulations, make counselling services available to the person and ensure that the person receives them; (c) obtain the written consent of the person to the application of the requirements referred to in paragraph (a); and (d) in accordance with the regulations, provide the person with the information that the Agency makes available to the public under paragraph 19(i). Disclosure of information restricted 15. (1) No licensee shall disclose health reporting information for any purpose except (a) with the written consent of the person to whom the information relates allowing its disclosure for that purpose; or (b) in accordance with subsections (2) to (5). �� Disclosure required C. 2 Assisted Human (2) A licensee shall disclose health reporting information (a) to the Agency, to the extent required by the regulations; (b) to the extent required for the administration of a health care insurance plan within the meaning of the Canada Health Act; (c) for the purpose of complying with a subpoena or warrant issued or order made by a court, body or person with jurisdiction to compel the production of information or for the purpose of complying with rules of court relating to the production of information; and (d) to the extent required by the provisions of any federal or provincial law respecting health and safety that are specified in the regulations. Transfers between licensees (3) A licensee that transfers human reproductive material or an in vitro embryo to another licensee shall disclose to the other licensee the health reporting information in its possession respecting the material or embryo, and respecting the person or persons to whom the material or embryo relates, but the identity of any person — or information that can reasonably be expected to be used in the identification of a person — shall not be disclosed except in the circumstances and to the extent provided by the regulations. Agency to be notified (3.1) A licensee who transfers an in vitro embryo to another licensee shall notify the Agency of the transfer in accordance with the regulations. Information to persons undergoing procedures (4) Before performing an assisted reproduction procedure that makes use of human reproductive material or an in vitro embryo, a licensee shall disclose to the person undergoing the procedure the health reporting information in its possession respecting the donor, but the identity of the donor — or information that can reasonably be expected to be used in the identification of the donor — shall not be disclosed without the donor’s written consent. Procréation Research and statistics (5) A licensee may disclose health reporting information to an individual or organization for scientific research or statistical purposes, other than the identity of any person — or information that can reasonably be expected to be used in the identification of any person. Access to health reporting information 16. (1) A person shall be given, on request, access to any health reporting information about the person that is under the control of a licensee or other person who has obtained the information. The person is entitled to (a) request the correction of the information if they believe there is an error or omission in that information; (b) require that a notation be attached to that information reflecting any correction that was requested but was not made; and (c) require that such a correction or notation be communicated to any person or body to whom that information was disclosed during the two years preceding the request for a correction. Destruction of information (2) A licensee or any other person that has control of the health reporting information provided by a donor of human reproductive material or an in vitro embryo, by a person who has undergone an assisted reproduction procedure or by a person who was conceived by means of such a procedure shall, at the request of the donor or that person, as the case may be, destroy that information in the circumstances and to the extent provided by the regulations, and shall inform the donor or that person that the destruction has occurred. Destruction of reproductive material (3) A licensee and any other person that has control of human reproductive material or an in vitro embryo shall destroy that material or embryo at the request of its donor in the circumstances and to the extent provided by the regulations, and shall inform the donor that the destruction has occurred. Exception (4) This section does not apply to (a) government institutions subject to the Privacy Act or the National Archives of Canada Act; or �� C. 2 Assisted Human (b) a court, body or person referred to in paragraph 15(2)(c). Personal health information registry 17. The Agency shall maintain a personal health information registry containing health reporting information about donors of human reproductive material and in vitro embryos, persons who undergo assisted reproduction procedures and persons conceived by means of those procedures. Use of information by Agency 18. (1) The Agency may use health reporting information, and information otherwise relating to the controlled activities undertaken by an applicant or licensee, for the purposes of the administration and enforcement of this Act or the identification of health and safety risks, potential and actual abuses of human rights, or ethical issues associated with assisted human reproduction technologies and the other matters to which this Act applies. Consent to disclosure (2) Notwithstanding section 8 of the Privacy Act but subject to subsections (3) to (8), health reporting information under the control of the Agency relating to a donor of human reproductive material or an in vitro embryo, a person who has undergone an assisted reproduction procedure or a person who was conceived by means of such a procedure is confidential and shall be disclosed only with the written consent of the donor or that person, as the case may be. Disclosure to recipients of reproductive material (3) The Agency shall, on request, disclose health reporting information relating to a donor of human reproductive material or of an in vitro embryo to a person undergoing an assisted reproduction procedure using that human reproductive material or embryo, to a person conceived by means of such a procedure and to descendants of a person so conceived, but the identity of the donor — or information that can reasonably be expected to be used in the identification of the donor — shall not be disclosed without the donor’s written consent. Procréation Relationship of individuals (4) On application in writing by any two individuals who have reason to believe that one or both were conceived by means of an assisted reproduction procedure using human reproductive material or an in vitro embryo from a donor, the Agency shall disclose to both of them whether it has information that they are genetically related and, if so, the nature of the relationship. Obligation to disclose (5) The Agency shall disclose health reporting information (a) for the purpose of complying with a subpoena or warrant issued or order made by a court, body or person with jurisdiction to compel the production of information, or for the purpose of complying with rules of court relating to the production of information; and (b) to the extent required by provisions of any federal or provincial law respecting health and safety that are specified in the regulations. Discretion to disclose (6) The Agency may disclose health reporting information (a) for the purposes of the enforcement of this Act; (b) to the extent required for the administration of a health care insurance plan within the meaning of the Canada Health Act; and (c) for the purposes of disciplinary proceedings undertaken by any professional licensing or disciplinary body established under the laws of Canada or a province and specified in the regulations. Disclosure to address health or safety risk (7) The Agency may disclose the identity of a donor to a physician if, in the Agency’s opinion, the disclosure is necessary to address a risk to the health or safety of a person who has undergone an assisted reproduction procedure, was conceived by means of such a procedure or is a descendant of a person so conceived. The physician may not disclose that identity. �� C. 2 Assisted Human Research and statistics (8) The Agency may disclose health reporting information to an individual or organization for scientific research or statistical purposes, other than the identity of any person — or information that can reasonably be expected to be used in the identification of any person. Information available from Agency 19. The Agency shall make available for inspection by the public in accordance with the regulations any information that is prescribed by the regulations relating to (a) this Act, the regulations under this Act and policy directions under section 25; (b) the by-laws of the Agency; (c) licences issued by the Agency; (d) applications for, and amendments or renewals of, licences; (e) notices of proceedings in respect of the issuance, amendment, renewal, suspension, restoration or revocation of licences; (f) information and observations provided to the Agency in respect of any proceedings respecting licences, other than the identity of — or information that can reasonably be expected to be used in the identification of — any donor of human reproductive material or an in vitro embryo, any person who has undergone an assisted reproduction procedure or any person who was conceived by means of such a procedure; (g) decisions of the Agency arising from any proceedings respecting licences; (h) the names and addresses of licensees; (i) aggregated outcomes of assisted reproduction procedures performed by licensees; (j) measures taken under section 44; (k) the enforcement of this Act; (l) agreements entered into under section 58; (m) agreements entered into under section 68; and (n) reports and other documentation provided to or by the Agency pursuant to the Agency’s power to monitor and evaluate developments in assisted human reproduction and other matters to which this Act applies. Procréation RESPONSIBILITY OF MINISTER Assisted human reproduction policy 20. (1) The Minister is responsible for the policy of the Government of Canada respecting assisted human reproduction and any other matter that, in the opinion of the Minister, relates to the subject-matter of this Act. Agency (2) The Minister is responsible for the Agency. ASSISTED HUMAN REPRODUCTION AGENCY OF CANADA Agency established 21. (1) The Assisted Human Reproduction Agency of Canada is hereby established as a body corporate that may exercise powers and perform duties only as an agent of Her Majesty in right of Canada. Head office (2) The head office of the Agency shall be at a place in Canada designated by the Governor in Council. Application of Official Languages Act (3) The Official Languages Act applies to the Agency. Objectives 22. The objectives of the Agency are (a) to protect and promote the health and safety, and the human dignity and human rights, of Canadians, and (b) to foster the application of ethical principles, in relation to assisted human reproduction and other matters to which this Act applies. Principles Powers of Agency 23. The Agency shall exercise its powers in a manner consistent with the principles set out in section 2. 24. (1) The Agency may (a) exercise the powers in relation to licences under this Act; (b) provide advice to the Minister on assisted human reproduction and other matters to which this Act applies; �� C. 2 Assisted Human (c) monitor and evaluate developments within Canada and internationally in assisted human reproduction and other matters to which this Act applies; (d) consult persons and organizations within Canada and internationally; (e) collect, analyse and manage health reporting information relating to controlled activities; (f) provide information to the public and to the professions respecting assisted human reproduction and other matters to which this Act applies, and their regulation under this Act, and respecting risk factors associated with infertility; (g) designate inspectors and analysts for the enforcement of this Act; and (h) do anything that is reasonably necessary or incidental to achieving the Agency’s objectives. Advice to Minister (2) On request by the Minister, the Agency shall provide (a) advice on issues pertaining to assisted human reproduction and other matters that the Minister considers appropriate; (b) health reporting information, other than the identity of any person — or information that can reasonably be expected to be used in the identification of any person; and (c) information concerning the general administration and management of the Agency’s affairs. Policy directions 25. (1) The Minister may issue policy directions to the Agency concerning the exercise of any of its powers, and the Agency shall give effect to directions so issued. Exception (2) Policy directions issued by the Minister may not affect a matter that is before the Agency at the time they are issued and that relates to a particular person. Statutory Instruments Act (3) Policy directions issued by the Minister are not a statutory instrument for the purposes of the Statutory Instruments Act. Procréation Board of directors 26. (1) There shall be a board of directors of the Agency consisting of not more than 13 members, including a Chairperson and the President of the Agency. Appointment criteria (2) The membership of the board of directors must reflect a range of backgrounds and disciplines relevant to the Agency’s objectives. Part-time service (3) The members of the board of directors shall perform their duties and functions on a part-time basis. Term of office (4) A member of the board shall be appointed by the Governor in Council for a term not exceeding three years. Each initial member of the board shall be appointed to hold office for a term that will ensure, so far as possible, the expiry in any one year of the terms of office of not more than one third of the members. Removal and reappointment (5) A member of the board shall be appointed to hold office during pleasure, and is eligible for reappointment. Continuation in office (6) If no successor is appointed to take office on the expiry of a member’s term of appointment, the member continues in office until a successor is appointed. Provisions not applicable (7) Subsections (3) to (6) do not apply to the Chairperson or the President. Persons not eligible to be directors (8) A person is not eligible to be a member of the board of directors if they hold a licence or are an applicant for a licence or a director, officer, shareholder or partner of a licensee or applicant for a licence. Meetings 27. The board of directors may determine the times and the places in Canada of its meetings, but it shall meet at least twice a year. Participation of deputy ministers 28. The Deputy Minister of Health, or an alternate designated by the Deputy Minister of Health, and a person nominated by the deputy ministers of the departments responsible for health in the provinces from among their number, or an alternate so nominated, are entitled to attend meetings of the board of directors and speak to any matter under consideration at the meeting. �� Members of the board C. 2 Assisted Human 29. Each member of the board of directors, except the President of the Agency, (a) shall be paid the remuneration fixed by the Governor in Council for attendance at meetings of the board of directors or any of its committees or for the performance of other duties; (b) is deemed to be employed in the public service of Canada for the purposes of the Government Employees Compensation Act and the regulations made under section 9 of the Aeronautics Act; and (c) is entitled to be reimbursed for reasonable travel and living expenses incurred by the member in the course of performing their duties while absent from their ordinary place of residence. Management of Agency 30. The board of directors is responsible for the overall management of the Agency, including (a) the provision of advice to the Minister on assisted human reproduction and other matters to which this Act applies, or on any matter referred to the Agency by the Minister; (b) the approval of the Agency’s goals and operational policies; (c) the approval of the Agency’s budget; and (d) the evaluation of the Agency’s performance. By-laws 31. The board of directors may, with the approval of the Governor in Council, make by-laws for the regulation of its proceedings and generally for the conduct of its activities. Delegation 32. (1) Subject to subsection (2), the board of directors may, by by-law, delegate any of the Agency’s powers and duties to a committee of the board or the President, including powers and duties under sections 44, 46, 52, 54, 55, 58, 59 and 64. Exceptions (2) The board of directors may not delegate its powers under section 40, 41 or 42 or any of its powers or duties with respect to the provision of advice to the Minister, the approval of the Agency’s goals and operational policies, the approval of its budget and the making of by-laws. Procréation Advisory panels 33. (1) The board of directors may, by by-law, establish advisory panels to examine, report on and make recommendations with respect to any issue referred to the panels by the board. Outside members (2) A by-law establishing an advisory panel may provide for the inclusion of persons who are not members of the board. Fees (3) Members of an advisory panel who are not members of the board may be paid remuneration for their services as fixed by the Agency’s by-laws. Appointment of Chairperson 34. (1) The Chairperson of the board of directors shall be appointed by the Governor in Council to hold office during pleasure for a term of not more than three years, and is eligible for reappointment. Functions of Chairperson (2) The Chairperson shall preside at meetings of the board of directors, and may exercise the powers and shall perform the duties assigned by the Agency’s by-laws. Election of Vice-Chairperson 35. (1) The board of directors shall elect one of its members to be Vice-Chairperson. Replacing Chairperson (2) In the event of the absence or incapacity of the Chairperson or a vacancy in that office, the Vice-Chairperson may exercise the powers and shall perform the duties of the Chairperson. Appointment of President 36. (1) The President of the Agency shall be appointed by the Governor in Council to hold office during pleasure for a term of not more than five years, and is eligible for reappointment. Chief executive officer (2) The President is the chief executive officer of the Agency and has supervision over and direction of the work and staff of the Agency, and may exercise the powers and shall perform the duties assigned by the Agency’s by-laws. Delegation (3) The President may delegate to any officer of the Agency any power conferred or duty imposed on the President by or under this or any other Act. �� Acting President President’s pay and benefits C. 2 Assisted Human (4) In the event of the absence or incapacity of the President or a vacancy in that office, the board of directors may authorize an officer of the Agency to act as President, but no person may act as President for a period exceeding 90 days without the approval of the Governor in Council. 37. The President (a) shall be paid the remuneration fixed by the Governor in Council; and (b) is entitled to be reimbursed for reasonable travel and living expenses incurred by the President in the course of performing duties while absent from the President’s ordinary place of work. Exercise of powers by officers and employees 38. An officer or employee of the Agency may exercise any power and perform any duty of the Agency if the officer or employee is appointed to serve in a capacity appropriate to the exercise of the power or performance of the duty. Contracts and arrangements 39. (1) The Agency may enter into contracts, agreements, memoranda of understanding and other arrangements with a department or agency of the Government of Canada, with any other government or any of its agencies or with any person or organization, either in its own name or in the name of Her Majesty in right of Canada. Title to property (2) Property acquired by the Agency is property of Her Majesty in right of Canada, and title to it may be held in the Agency’s name or in Her Majesty’s name. Legal proceedings (3) Actions, suits or other legal proceedings in respect of any right or obligation acquired or incurred by the Agency, whether in its own name or in the name of Her Majesty in right of Canada, may be brought or taken by or against the Agency in the name of the Agency in any court that would have jurisdiction if the Agency were not an agent of Her Majesty. Procréation ADMINISTRATION Issuance of licence for controlled activity 40. (1) The Agency may, in accordance with the regulations, issue a licence to any person having the qualifications provided under the regulations, authorizing the person to undertake any controlled activity specified in the licence. Use of in vitro embryo (2) A licence authorizing the use of an in vitro embryo for the purpose of research may be issued only if the Agency is satisfied that the use is necessary for the purpose of the proposed research. Clinical trials (3) The number of licences that the Agency considers sufficient may be issued in respect of clinical trials of a controlled activity. Written consent required (3.1) The Agency shall not issue a licence under subsection (1) for embryonic stem cell research unless it has received the written consent of the original gamete providers and the embryo provider in accordance with the Human Pluripotent Stem Cell Research Guidelines released by the Canadian Institutes of Health Research in March, 2002, as specified in the regulations. Responsible individual (4) If a person to whom a licence is issued is not an individual, the licence must designate an individual as the person responsible for compliance with this Act, but that designation does not affect the responsibility of the licensee or any other individual under this Act. Issuance of facility licences (5) The Agency may, in accordance with the regulations, issue a licence to the owner or operator of any premises permitting the use of those premises for a controlled activity undertaken by persons to whom a licence has been issued under subsection (1). Terms and conditions (6) The Agency may, in accordance with the regulations, attach terms and conditions to a licence at the time of issuing the licence or at any time after that. �� C. 2 Assisted Human Cost recovery prohibited (7) The Agency may not apply a policy of cost recovery to the issuance of licences. Amendment and renewal of licences 41. The Agency may, in accordance with the regulations, amend a licence or renew an expiring licence, with or without amendment. Amendment, suspension or revocation for cause 42. The Agency may, in accordance with the regulations, amend, suspend or revoke the licence of a licensee who contravenes this Act or the regulations or the terms and conditions of the licence or who fails to comply with any measures ordered to be taken under this Act, and may prescribe conditions for the restoration of a suspended licence. Matters to be considered 43. (1) In exercising its powers under sections 40 to 42, the Agency may take into account information and observations offered by any person and may seek the advice of persons having expertise related to the application or of persons representative of any interest affected by the application. Disclosure (2) Subject to subsection (3), the Agency shall, on request, disclose the information and observations provided under subsection (1) unless the disclosure would, in the Agency’s opinion, pose a risk to the health or safety of any person. Identifying information (3) The identity of — or information that can reasonably be expected to be used in the identification of — a donor of human reproductive material or an in vitro embryo, a person who has undergone an assisted reproduction procedure or a person who was conceived by means of such a procedure may not be disclosed except to an applicant or licensee who, in the Agency’s opinion, requires the information to support an application. Immunity (4) No civil or criminal proceedings may be brought against any person for offering information and observations in good faith under subsection (1). Threats to health or safety 44. (1) The Agency may take, or order any person to take, all reasonable measures that the Agency considers necessary to prevent, reduce or mitigate any threat to human health or safety that results, or may reasonably be expected to result, from a controlled activity. Procréation Entry and management (2) For the purposes of taking measures referred to in subsection (1), the Agency may authorize an inspector designated under section 46 to enter the premises where the controlled activity is being undertaken and to assume the management of those premises and that activity. Recovery of costs (3) Any costs incurred by an inspector acting under this section shall be borne by the person who holds the licence in respect of the controlled activity or premises and, until paid, those costs are recoverable in any court of competent jurisdiction as a debt due to Her Majesty in right of Canada. Personal liability (4) No person acting under this section is personally liable for so acting, either civilly or criminally, unless it is established that the person acted in bad faith. INSPECTION AND ENFORCEMENT Definitions 45. The following definitions apply in sections 47 to 62 and 65. ‘‘information’’ « document » ‘‘information’’ means information that is recorded in any form. ‘‘material’’ « matériel » ‘‘material’’ means an embryo or part of one, a foetus or part of one or any human reproductive material outside the body of a human being, or any other thing. Designation of inspectors 46. (1) The Agency may designate any person employed by the government of Canada or of a province, or having the qualifications specified in the regulations, as an inspector for the purpose of the enforcement of this Act. Certificates to be produced (2) An inspector shall be given a certificate in a form established by the Agency attesting to the inspector’s designation and, on entering any place or conveyance under subsection 47(1), the inspector shall, if so required, produce the certificate to the person in charge of that place or conveyance. �� C. 2 Assisted Human Entry by inspectors 47. (1) Subject to section 48, an inspector may at any reasonable time enter any place or conveyance in which the inspector believes on reasonable grounds that a controlled activity is undertaken or that there is any material or information in respect of which this Act applies or any information pertaining to a controlled activity. Inspection (2) An inspector entering a place or conveyance may (a) examine any material or information that is relevant to the administration or enforcement of this Act; (b) require any person in the place or conveyance to produce, in the manner and form requested by the inspector, any such material or information; (c) open and examine any receptacle or package that the inspector believes on reasonable grounds contains such material or information; (d) take, or require any person in the place or conveyance to produce, a sample of such material; and (e) conduct any test or analysis or take any measurement of such material. Examination of information (3) In carrying out an inspection, an inspector may (a) examine and make copies of or extracts from any books, documents or other records that the inspector believes on reasonable grounds contain information relevant to the administration or enforcement of this Act; (b) require any person to produce such books, documents or other records for examination or copying; (c) use or cause to be used any computer system to examine information relevant to the administration or enforcement of this Act that is contained in or available to the computer system; (d) reproduce such information in the form of a printout or other intelligible output for examination or copying; and Procréation (e) use or cause to be used any copying equipment. Assistance and information to inspector (4) The owner or person in charge of a place entered by an inspector under subsection (1) and every person found in that place shall give the inspector all reasonable assistance and furnish them with any information that they may reasonably require. Warrant to enter dwellinghouse 48. (1) Where a place referred to in subsection 47(1) is a dwelling-house, an inspector may not enter it without the consent of the occupant, except under the authority of a warrant issued under subsection (2). Authority to issue warrant (2) If, on ex parte application, a justice of the peace is satisfied by information on oath that (a) the conditions for entry described in subsection 47(1) exist in relation to a dwelling-house, (b) entry to the dwelling-house is necessary for any purpose relating to the administration or enforcement of this Act, and (c) entry to the dwelling-house has been refused or there are reasonable grounds for believing that entry will be refused, the justice of the peace may issue a warrant authorizing the inspector named in it to enter the dwelling-house, subject to any conditions that may be specified in the warrant. Use of force (3) In executing a warrant issued under subsection (2), the inspector named in it shall not use force unless the inspector is accompanied by a peace officer and the use of force has been specifically authorized in the warrant. Obstruction and false statements 49. (1) No person shall obstruct or hinder, or knowingly make any false or misleading statement either orally or in writing to, an inspector engaged in carrying out duties under this Act. Interference (2) Except with the authority of an inspector, no person shall remove, alter or interfere in any way with material or information seized under this Act. �� C. 2 Assisted Human Seizure by inspector 50. (1) An inspector who enters a place or conveyance under section 47 may seize any material or information by means of which, or in relation to which, the inspector believes on reasonable grounds this Act has been contravened. Storage and removal (2) An inspector may direct that seized material or information be kept or stored in the place where it was seized or be removed to any other proper place. Application for restoration 51. (1) A person from whom material or information is seized may, within 60 days after the date of the seizure, apply to a provincial court judge within whose jurisdiction the seizure was made for an order of restoration, if the person sends the Agency a notice containing the information prescribed by the regulations within the time and in the manner prescribed in the regulations. Order of restoration (2) The provincial court judge may order that seized material or information be restored immediately to the applicant if, on hearing the application, the judge is satisfied that (a) the applicant is entitled to possession of it; and (b) it will not be required as evidence in any proceedings under this Act. Order of later restoration (3) If, on hearing an application, a provincial court judge is satisfied that the applicant is entitled to possession of seized material or information but is not satisfied as regards paragraph (2)(b), the judge may order that the material or information be restored to the applicant (a) on the expiry of 180 days after the date of the seizure if no proceedings under this Act have been commenced before that time; or (b) on the final conclusion of proceedings under this Act. Exception (4) A provincial court judge may not make an order for the restoration of material or information if it has been forfeited by consent under subsection 52(2). Procréation Forfeiture 52. (1) If no application is made under subsection 51(1) for the restoration of seized material or information within 60 days after the date of the seizure, or an application has been made but on the hearing of the application no order of restoration is made, the material or information is forfeited to Her Majesty. Forfeiture with consent (2) Where an inspector has seized material or information and the owner or the person in whose possession it was at the time of the seizure consents in writing to its forfeiture, the material or information is forfeited to Her Majesty. Disposal (3) Subject to section 54, the Agency may dispose of material or information forfeited to Her Majesty in any manner that the Agency directs. Search and seizure under warrant 53. (1) An inspector is a public officer for the purposes of the application of section 487 of the Criminal Code in respect of an offence under this Act. Where warrant not necessary (2) An inspector may exercise without a warrant any of the powers conferred by virtue of subsection (1) if the conditions for obtaining a warrant exist but, by reason of exigent circumstances, it would not be practicable to obtain a warrant. Maintaining viable gametes and embryos 54. (1) The Agency shall make reasonable efforts to preserve any viable sperm, ovum or in vitro embryo that is seized under this Act or the Criminal Code pending its disposition. Disposal of material (2) The Agency may not dispose of human reproductive material, an in vitro embryo, a foetus or any part of an in vitro embryo or foetus unless (a) the Agency has obtained the consent of the donor, in the case of human reproductive material, or the consent of the responsible person as defined in the regulations, in any other case; or (b) it is disposed of in the manner prescribed by the regulations, if the Agency is not reasonably able to identify or to contact the donor or responsible person. �� C. 2 Assisted Human Return to donor (3) If a donor or responsible person does not provide consent under subsection (2), the Agency may return the material to the donor or responsible person or may dispose of it in the manner prescribed by the regulations. Designation of analysts 55. The Agency may designate any person as an analyst for the purpose of the enforcement of this Act. Analysis and examination 56. (1) An inspector may submit to an analyst, for analysis or examination, any material or information seized by the inspector. Certificate or report (2) An analyst who has made an analysis or examination may issue a certificate or report setting out the results of the analysis or examination. Certificate of analyst 57. (1) Subject to subsections (2) and (3), in any prosecution for an offence under this Act, a certificate purporting to be signed by an analyst, stating that any material or information has been analysed or examined by the analyst and stating the results of the analysis or examination, is admissible in evidence and, in the absence of evidence to the contrary, is proof of the statements contained in the certificate without proof of the signature or official character of the person appearing to have signed it. Requiring attendance of analyst (2) The party against whom a certificate of an analyst is produced under subsection (1) may, with leave of the court, require the attendance of the analyst for the purpose of cross-examination. Notice of intention to produce certificate (3) No certificate shall be admitted in evidence under subsection (1) unless, before the trial, the party intending to produce the certificate has given reasonable notice of that intention, together with a copy of the certificate, to the party against whom it is intended to be produced. Agreements for enforcement 58. The Agency may enter into agreements with any department or agency of the government of Canada or of a province or with any law enforcement agency with respect to the enforcement of this Act. 2004 Assistance to enforcement officers Procréation 59. The Agency may provide assistance to the Attorney General of Canada or a province, or to a peace officer or prosecutor as those terms are defined in the Criminal Code, in the investigation and prosecution of any offence under this Act. OFFENCES Offence and punishment 60. A person who contravenes any of sections 5 to 9 is guilty of an offence and (a) is liable, on conviction on indictment, to a fine not exceeding $500,000 or to imprisonment for a term not exceeding ten years, or to both; or (b) is liable, on summary conviction, to a fine not exceeding $250,000 or to imprisonment for a term not exceeding four years, or to both. Offence and punishment 61. A person who contravenes any provision of this Act, other than sections 5 to 9, or the regulations is guilty of an offence and (a) is liable, on conviction on indictment, to a fine not exceeding $250,000 or to imprisonment for a term not exceeding five years, or to both; or (b) is liable, on summary conviction, to a fine not exceeding $100,000 or to imprisonment for a term not exceeding two years, or to both. Court orders 62. A court that imposes a fine or term of imprisonment on a person in respect of an offence under this Act may (a) order the forfeiture and disposition, subject to section 54, of any material or information by means of which or in relation to which the offence was committed; or (b) on application by the Attorney General of Canada, order the person not to engage in any activity that, in the court’s opinion, may lead to the commission of an offence under this Act. �� C. 2 Assisted Human Consent of Attorney General 63. A prosecution for an offence under this Act may not be instituted except with the consent of the Attorney General of Canada. Notice to interested authorities 64. The Agency may notify any interested authority, such as a professional licensing or disciplinary body established under the laws of Canada or a province, of the identity of a person who is charged with an offence under this Act or who there are reasonable grounds to believe may have acted in breach of any professional code of conduct. REGULATIONS Regulations of Governor in Council 65. (1) The Governor in Council may make regulations for carrying into effect the purposes and provisions of this Act and, in particular, may make regulations (a) defining ‘‘donor’’, in relation to an in vitro embryo; (b) for the purposes of section 8, respecting the giving of consent for the use of human reproductive material or an in vitro embryo or for the removal of human reproductive material; (c) for the purposes of sections 10 and 11, designating controlled activities or classes of controlled activities that may be authorized by a licence; (d) for the purposes of section 11, specifying parts or proportions of the human genome, and parts of the genome of any species; (e) for the purposes of subsection 12(1), respecting the reasonable expenditures that may be reimbursed under a licence; (e.1) for the purposes of subsection 12(3), respecting the reimbursement of a loss of income; (f) respecting the conduct of controlled activities or any class of controlled activities and the use of facilities and equipment in controlled activities; (g) respecting the number of children that may be created from the gametes of one donor through the application of assisted reproduction procedures; Procréation (h) respecting the terms and conditions of licences; (i) respecting the issuance of licences for clinical trials referred to in subsection 40(3) and the conduct of clinical trials, including the giving of consent by donors of human reproductive material or in vitro embryos and persons undergoing assisted reproduction procedures; (j) respecting the qualifications for licences for controlled activities or any class of controlled activities; (k) respecting the issuance, amendment, renewal, suspension, restoration and revocation of licences; (l) respecting the information to be provided in respect of applications for a licence or for the renewal or amendment of a licence; (m) respecting the identification and labelling of human reproductive materials and in vitro embryos used in controlled activities; (n) respecting the creation and maintenance of records by a licensee, and access to them by the Agency; (o) respecting the collection, use and disclosure of health reporting information, including the health reporting information collected under subsection 14(1) and disclosed under section 15; (p) respecting the counselling services referred to in paragraph 14(2)(b); (q) respecting the providing of information under paragraph 14(2)(d); (r) respecting the reporting to the Agency of information obtained by a licensee under this Act; (s) for the purposes of paragraph 15(2)(d) or 18(5)(b), specifying the provisions of any federal or provincial law; (s.1) respecting the notification of the Agency under subsection 15(3.1); (t) for the purposes of subsection 16(2) or (3), respecting the destruction of health reporting information, human reproductive material or in vitro embryos; �� C. 2 Assisted Human (u) for the purposes of paragraph 18(6)(c), identifying professional licensing and disciplinary bodies; (v) prescribing the information to be made available under section 19 and the manner of its availability for inspection by the public; (w) for the purposes of subsection 46(1), specifying the qualifications of inspectors; (x) respecting the treatment and disposition of material or information seized under this Act or the Criminal Code; (y) for the purposes of subsection 51(1), prescribing the information and the time and manner of sending it; (z) for the purposes of subsection 54(2) or (3), defining ‘‘responsible person’’ and prescribing the manner of disposing of human reproductive material, an in vitro embryo, a foetus or any part of an in vitro embryo or foetus; (z.1) for the purposes of section 71, fixing a day; and (z.2) exempting controlled activities or classes of controlled activities, generally or in circumstances prescribed by the regulations, from the provisions of this Act, subject to any terms and conditions prescribed in the regulations. Incorporation by reference (2) The regulations may incorporate any document by reference, regardless of its source, either as it reads on a particular date or as it is amended from time to time. Documents in one language (3) Where a document that is available in both official languages has been incorporated by reference as amended from time to time, an amendment to one language version of that document is not incorporated until the corresponding amendment is made to the other language version. Procréation Statutory Instruments Act (4) A document does not become a regulation within the meaning of the Statutory Instruments Act merely because it is incorporated by reference. Proposed regulations to be laid before Parliament 66. (1) Before a regulation is made under section 65, the Minister shall lay the proposed regulation before each House of Parliament. Report by committee (2) A proposed regulation that is laid before Parliament shall be referred to the appropriate committee of each House, as determined by the rules of that House, and the committee may review the proposed regulation and report its findings to the House. Standing Committee on Health (2.1) The committee of the House of Commons referred to in subsection (2) shall be the Standing Committee on Health or, in the event that there is not a Standing Committee on Health, the appropriate committee of the House. Making of regulations (3) A regulation may not be made before the earliest of (a) 30 sitting days after the proposed regulation is laid before Parliament, (b) 160 calendar days after the proposed regulation is laid before Parliament, and (c) the day after the appropriate committee of each House of Parliament has reported its findings with respect to the proposed regulation. Explanation (4) The Minister shall take into account any report of the committee of either House. If a regulation does not incorporate a recommendation of the committee of either House, the Minister shall lay before that House a statement of the reasons for not incorporating it. Alteration (5) A proposed regulation that has been laid before Parliament need not again be so laid prior to the making of the regulation, whether it has been altered or not. Exceptions 67. (1) A regulation may be made without being laid before either House of Parliament if the Minister is of the opinion that (a) the changes made by the regulation to an existing regulation are so immaterial or insubstantial that section 66 should not apply in the circumstances; or �� C. 2 Assisted Human (b) the regulation must be made immediately in order to protect the health or safety of any person. Notice of opinion (2) If a regulation is made without being laid before Parliament, the Minister shall lay before each House of Parliament a statement of the Minister’s reasons. EQUIVALENCY AGREEMENTS Non-application of provisions in a province 68. (1) The Governor in Council may, by order, declare that any or all of sections 10 to 16, 46 to 53 and 61 and any corresponding provisions of the regulations do not apply in a province, except in respect of Her Majesty in right of Canada, if the Minister and the government of that province agree in writing that there are law of the province in force that are equivalent to those sections and the correcponding provisions of the regulations. Term of agreement (2) An agreement made under subsection (1) shall be for a period of five years, or any shorter period agreed to by the parties, but may be renewed. Protection of human health and safety (3) An order under subsection (1) does not prevent the Agency from taking measures under section 44. Adaptation of this Act (4) Where an order has been made under subsection (1) in respect of a province, any person carrying on an activity in the province that would be a controlled activity under this Act shall obtain health reporting information in accordance with section 14 and disclose it under paragraph 15(2)(a) as if the person were a licensee under this Act, and sections 17 and 18 apply in respect of that health reporting information. Transitional (5) When provisions of this Act cease to apply in a province by virtue of this section, a licence issued in respect of a person or premises in the province continues in effect in that province as if it were issued under provincial law. Termination of agreement 69. (1) An agreement referred to in section 68 may be terminated by either party giving to the other at least six months written notice of termination. Procréation Revocation of order (2) The Governor in Council may, by order, on the recommendation of the Minister, repeal an order made under section 68 if an agreement referred to in that subsection is terminated. Transitional (3) When provisions of this Act become applicable in a province by virtue of subsection (2), a licence issued under the provincial law in respect of a person or premises in the province continues in effect in that province as if it were issued under this Act, unless otherwise provided by the provincial law. PARLIAMENTARY REVIEW Parliamentary review of Act 70. (1) The administration of this Act shall, within three years after the coming into force of section 21, be reviewed by any committee of the Senate, the House of Commons or both Houses of Parliament that may be designated or established for that purpose. Report and recommendations (2) The committee shall undertake a comprehensive review of the provisions and operation of this Act and shall, within a year after the review is undertaken or within such further time as the Senate, the House of Commons or both Houses of Parliament may authorize, submit its report on the review including a statement of any changes to this Act or its administration that the committee recommends. TRANSITIONAL PROVISION Grandfathered activities 71. Notwithstanding sections 10 to 13, a person who undertakes a controlled activity at least once during the period of one year preceding the coming into force of those sections may subsequently, without a licence, undertake the controlled activity and use any premises required for that purpose until a day fixed by the regulations. �� C. 2 Assisted Human CONSEQUENTIAL AMENDMENTS R.S., c. A-1 Access to Information Act 72. Schedule I to the Access to Information Act is amended by adding the following in alphabetical order under the heading ‘‘Other Government Institutions’’: Assisted Human Reproduction Agency of Canada Agence canadienne de contrôle de la procréation assistée 73. Schedule II to the Act is amended by adding the following in alphabetical order: Assisted Human Reproduction Act Loi sur la procréation assistée and by adding a corresponding reference to ‘‘subsection 18(2)’’. R.S., c. F-11 Financial Administration Act 74. Schedule II to the Financial Administration Act is amended by adding the following in alphabetical order: Assisted Human Reproduction Agency of Canada Agence canadienne de contrôle de la procréation assistée R.S., c. P-21 Privacy Act 75. The schedule to the Privacy Act is amended by adding the following in alphabetical order under the heading ‘‘Other Government Institutions’’: Assisted Human Reproduction Agency of Canada Agence canadienne de contrôle de la procréation assistée 2004 R.S., c. P-35 Procréation Public Service Staff Relations Act 76. Part I of Schedule I to the Public Service Staff Relations Act is amended by adding the following in alphabetical order: Assisted Human Reproduction Agency of Canada Agence canadienne de contrôle de la procréation assistée R.S., c. P-36 Public Service Superannuation Act 77. Part I of Schedule I to the Public Service Superannuation Act is amended by adding the following in alphabetical order: Assisted Human Reproduction Agency of Canada Agence canadienne de contrôle de la procréation assistée COMING INTO FORCE Order of Governor in Council 78. The provisions of this Act come into force on a day or days to be fixed by order of the Governor in Council. Published under authority of the Speaker of the House of Commons Available from: ������������� ����������������� ���������� ���������� Ottawa, Canada K1A 0S9 ��������� ����� ������������� ����������������� ���������� ����������� ������� ������� ��� ���

Third Session, Thirty-seventh Parliament, 52-53 Elizabeth II, 2004 STATUTES OF CANADA 2004 CHAPTER 21 An Act to implement treaties and administrative arrangements on the international transfer of persons found guilty of criminal offences BILL C-15 ASSENTED TO 14th MAY, 2004 SUMMARY This enactment repeals and replaces the Transfer of Offenders Act, sets out the principles that govern the international transfer of offenders and authorizes Canada to enter into administrative agreements for the international transfer of offenders. This enactment expands the class of offenders who may be transferred, expands the class of jurisdictions with which Canada may enter into those agreements, identifies who must consent to a transfer, sets out how the foreign sentences of transferred young persons are to be enforced in Canada and clarifies the sentence calculation rules that apply to transferred Canadian offenders and aligns them with those contained in other federal legislation. It also contains a transitional provision and makes consequential amendments to other texts. All parliamentary publications are available on the Parliamentary Internet Parlementaire at the following address: http://www.parl.gc.ca TABLE OF PROVISIONS AN ACT TO IMPLEMENT TREATIES AND ADMINISTRATIVE ARRANGEMENTS ON THE INTERNATIONAL TRANSFER OF PERSONS FOUND GUILTY OF CRIMINAL OFFENCES SHORT TITLE 1. Short title 2. Definitions 3. 4. 5. Purpose Dual criminality Effect of transfer 6. 7. Administration of Act Request for transfer INTERPRETATION PURPOSE AND PRINCIPLES MINISTER CONSENT 8. 9. 10. 11. 12. Consent of three parties Provincial authority Factors — Canadian offenders Writing Consent voluntary 13. 14. 15. Continued enforcement Adaptation Equivalent offence 16. Deemed probation order CONTINUED ENFORCEMENT AND ADAPTATION PROBATION YOUNG PERSONS 17. 18. Transfer of young person — 12 or 13 years old Transfer of young person — 14 to 17 years old 19. Parole eligibility for young person convicted of murder — 14 to 17 years old i 20. Placement 21. 22. 23. 24. 25. 26. 27. 28. 29. Where committed Credit towards completion of sentence Eligibility for parole — general Eligibility for parole — murder Temporary absence and day parole — persons convicted of murder Statutory release — penitentiary If eligible for parole, etc., before transfer Review by Board Application 30. Canadian offender 31. 32. Administrative arrangements — offenders Administrative arrangements — mentally disordered persons 33. 34. 35. 36. Definition of “foreign entity” Part XX.1 of Criminal Code Transportation for transfer Transportation and detention 37. Transfer to Canada not valid SENTENCE CALCULATION COMPASSIONATE MEASURES ADMINISTRATIVE ARRANGEMENTS GENERAL PROVISION TRANSITIONAL PROVISION 38. Application to pending cases 39. Corrections and Conditional Release Act 40. Replacement of “Transfer of Offenders Act” with “International Transfer of Offenders Act” — Acts CONSEQUENTIAL AMENDMENT REFERENCES COORDINATING AMENDMENT 41. Bill C-18 ii REPEAL 42. Repeal 43. Coming into force COMING INTO FORCE 52-53 ELIZABETH II —————— CHAPTER 21 An Act to implement treaties and administrative arrangements on the international transfer of persons found guilty of criminal offences [Assented to 14th May, 2004] Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: SHORT TITLE Short title 1. This Act may be cited as the International Transfer of Offenders Act. INTERPRETATION Definitions “Canadian offender” « délinquant canadien » “criminal offence” « infraction criminelle » “foreign entity” « entité étrangère » 2. The following definitions apply in this Act. “Canadian offender” means a Canadian citizen within the meaning of the Citizenship Act who has been found guilty of an offence — and is detained, subject to supervision by reason of conditional release or probation or subject to any other form of supervision in a foreign entity — and whose verdict and sentence may no longer be appealed. “criminal offence” means an offence against an Act of Parliament. “foreign entity”, other than in sections 31 and 32, means a foreign state — or a province, state or other political subdivision of a foreign state, a colony, dependency, possession, protectorate, condominium, trust territory or any territory falling under the jurisdiction of a foreign state or a territory C. 21 “foreign offender” « délinquant étranger » or other entity, including an international criminal tribunal — with which Canada has entered into a treaty on the transfer of offenders or an administrative arrangement referred to in section 31 or 32. “foreign offender” means a citizen or national of a foreign entity who has been found guilty of a criminal offence — and is detained, subject to supervision by reason of conditional release or probation or subject to any other form of supervision in Canada — and whose verdict and sentence may no longer be appealed. “Minister” « ministre » “Minister” means the Solicitor General of Canada. “penitentiary” « pénitencier » “prison” « prison » “treaty” « traité » International Tran “penitentiary” has the same meaning as in subsection 2(1) of the Corrections and Conditional Release Act. “prison” means a place of confinement other than a penitentiary. “treaty” includes an international agreement or convention, but does not include an administrative arrangement entered into under section 31 or 32. PURPOSE AND PRINCIPLES Purpose 3. The purpose of this Act is to contribute to the administration of justice and the rehabilitation of offenders and their reintegration into the community by enabling offenders to serve their sentences in the country of which they are citizens or nationals. Dual criminality 4. (1) Subject to subsection (3), a transfer is not available unless the Canadian offender’s conduct would have constituted a criminal offence if it had occurred in Canada at the time the Minister receives the request for a transfer. Conduct determinative (2) For greater certainty, it is not relevant whether the conduct referred to in subsection (1) is named, defined or characterized by the foreign entity in the same way as it is in Canada. Transfèrement internat Exception — children (3) A transfer is available to a Canadian offender who, at the time the offence was committed, was a child within the meaning of the Youth Criminal Justice Act even if their conduct would not have constituted a criminal offence if it had occurred in Canada at that time. That offender may not be detained in Canada. Effect of transfer 5. (1) A transfer may not have the effect of increasing a sentence imposed by a foreign entity or of invalidating a guilty verdict rendered, or a sentence imposed, by a foreign entity. The verdict and the sentence, if any, are not subject to any appeal or other form of review in Canada. Evidence (2) A document supplied by a foreign entity that sets out a finding of guilt and a sentence, if any, and purports to be signed by a judicial official or a director of a place of confinement in the foreign entity is proof of the facts alleged, in the absence of evidence to the contrary and without proof of the signature or official character of the person appearing to have signed it. MINISTER Administration of Act 6. (1) The Minister is responsible for the administration of this Act. Designation by Minister (2) The Minister may, in writing, designate, by name or position, a staff member within the meaning of subsection 2(1) of the Corrections and Conditional Release Act to act on the Minister’s behalf under section 8, 12, 15, 24, 30 or 37. Request for transfer 7. A person may not be transferred under a treaty, or an administrative arrangement entered into under section 31 or 32, unless a request is made, in writing, to the Minister. CONSENT Consent of three parties 8. (1) The consent of the three parties to a transfer — the offender, the foreign entity and Canada — is required. C. 21 Withdrawal of consent (2) A foreign offender — and, subject to the laws of the foreign entity, a Canadian offender — may withdraw their consent at any time before the transfer takes place. Information about treaties (3) The Minister or the relevant provincial authority, as the case may be, shall inform a foreign offender, and the Minister shall take all reasonable steps to inform a Canadian offender, of the substance of any treaty — or administrative arrangement entered into under section 31 or 32 — that applies to them. Information about sentence (4) The Minister shall, in writing, inform a Canadian offender as to how their foreign sentence is to be served in Canada and shall deliver to a foreign offender the information provided to the Minister by the foreign entity as to how their Canadian sentence is to be served. Person authorized to consent (5) In respect of the following persons, consent is given by whoever is authorized to consent in accordance with the laws of the province where the person is detained, is released on conditions or is to be transferred: (a) a child or young person within the meaning of the Youth Criminal Justice Act; International Tran (b) a person who is not able to consent and in respect of whom a verdict of not criminally responsible on account of mental disorder or of unfit to stand trial has been rendered; and (c) an offender who is not able to consent. Provincial authority 9. (1) If a foreign offender is — or a Canadian offender would, after their transfer, be — under the authority of a province or if a Canadian offender is a child within the meaning of the Youth Criminal Justice Act, the consent of the Minister and the relevant provincial authority is required. Purpose and principles (2) In determining whether to consent to a transfer, the provincial authority shall take into account the purpose and principles of this Act. Factors — Canadian offenders 10. (1) In determining whether to consent to the transfer of a Canadian offender, the Minister shall consider the following factors: Transfèrement internat (a) whether the offender’s return to Canada would constitute a threat to the security of Canada; (b) whether the offender left or remained outside Canada with the intention of abandoning Canada as their place of permanent residence; (c) whether the offender has social or family ties in Canada; and (d) whether the foreign entity or its prison system presents a serious threat to the offender’s security or human rights. Factors — Canadian and foreign offenders (2) In determining whether to consent to the transfer of a Canadian or foreign offender, the Minister shall consider the following factors: (a) whether, in the Minister’s opinion, the offender will, after the transfer, commit a terrorism offence or criminal organization offence within the meaning of section 2 of the Criminal Code; and (b) whether the offender was previously transferred under this Act or the Transfer of Offenders Act, chapter T-15 of the Revised Statutes of Canada, 1985. Additional factor — Canadian young persons (3) In determining whether to consent to the transfer of a Canadian offender who is a young person within the meaning of the Youth Criminal Justice Act, the Minister and the relevant provincial authority shall consider the best interests of the young person. Primary consideration — Canadian children (4) In determining whether to consent to the transfer of a Canadian offender who is a child within the meaning of the Youth Criminal Justice Act, the primary consideration of the Minister and the relevant provincial authority is to be the best interests of the child. Writing 11. (1) A consent, a refusal of consent or a withdrawal of consent is to be given in writing. Reasons (2) If the Minister does not consent to a transfer, the Minister shall give reasons. Consent voluntary 12. The Minister shall take all reasonable steps to determine whether an offender’s consent has been given voluntarily. C. 21 International Tran CONTINUED ENFORCEMENT AND ADAPTATION Continued enforcement 13. The enforcement of a Canadian offender’s sentence is to be continued in accordance with the laws of Canada as if the offender had been convicted and their sentence imposed by a court in Canada. Adaptation 14. Subject to subsection 17(1) and section 18, if, at the time the Minister receives a request for the transfer of a Canadian offender, the sentence imposed by the foreign entity is longer than the maximum sentence provided for in Canadian law for the equivalent offence, the Canadian offender is to serve only the shorter sentence. Equivalent offence 15. For the purposes of the application of any Act of Parliament to a Canadian offender, the Minister shall identify the criminal offence that, at the time the Minister receives their request for a transfer, is equivalent to the offence of which the Canadian offender was convicted. PROBATION Deemed probation order 16. A foreign sentence that consists of a period of supervision, other than by reason of conditional release — or a period of supervision that is, other than by reason of a conditional release, an element of a foreign sentence of imprisonment of less than two years — is deemed to be a probation order under section 731 of the Criminal Code, to a maximum of three years, or under paragraph 42(2)(k) of the Youth Criminal Justice Act, to a maximum of two years. YOUNG PERSONS Transfer of young person — 12 or 13 years old 17. (1) Subject to subsection (2), and if the following conditions are met, the maximum sentence to be enforced in Canada is the maximum youth sentence that could have been imposed under the Youth Criminal Justice Act: (a) the Canadian offender was, at the time the offence was committed, 12 or 13 years old; and (b) their sentence is longer than the maximum youth sentence that could have been imposed under that Act for an equivalent offence. 2004 Sentence for young person convicted of murder — 12 or 13 years old Transfèrement internat (2) A Canadian offender who was 12 or 13 years old at the time the offence was committed and whose conduct, if it had occurred in Canada, would have constituted first or second degree murder within the meaning of section 231 of the Criminal Code is required to serve (a) the sentence imposed by the foreign entity — if less than ten years, in the case of first degree murder, or less than seven years, in the case of second degree murder — consisting, in the same proportion as in paragraph 42(2)(q) of the Youth Criminal Justice Act, of a committal to custody and a placement under conditional supervision to be served in the community; or (b) the maximum sentence that could be imposed under paragraph 42(2)(q) of that Act if the sentence imposed by the foreign entity was ten years or more in the case of first degree murder or seven years or more in the case of second degree murder. Transfer of young person — 14 to 17 years old 18. A Canadian offender is deemed to be serving an adult sentence within the meaning of the Youth Criminal Justice Act if (a) the Canadian offender was, at the time the offence was committed, from 14 to 17 years old; and (b) their sentence is longer than the maximum youth sentence that could have been imposed under that Act for an equivalent offence. Parole eligibility for young person convicted of murder — 14 to 17 years old 19. (1) A Canadian offender who was from 14 to 17 years old at the time the offence was committed, and who was sentenced to imprisonment for life for conduct that, if it had occurred in Canada, would have constituted first or second degree murder within the meaning of section 231 of the Criminal Code, is deemed to be serving an adult sentence within the meaning of the Youth Criminal Justice Act. They are eligible for full parole on the day on which they have served the shorter of (a) the period of ineligibility imposed by the foreign entity, and (b) either C. 21 International Tran (i) five years, if they were 14 or 15 years old at the time the offence was committed, or (ii) ten years, in the case of first degree murder, or seven years, in the case of second degree murder, if they were 16 or 17 years old at the time the offence was committed. Deemed to have received adult sentence (2) A Canadian offender who was from 14 to 17 years old at the time the offence was committed and who received a sentence for a determinate period of more than ten years for conduct that, if it had occurred in Canada, would have constituted first degree murder within the meaning of section 231 of the Criminal Code — or of more than seven years for conduct that, if it had occurred in Canada, would have constituted second degree murder within the meaning of that section — is deemed to have received an adult sentence within the meaning of the Youth Criminal Justice Act. Deemed to have received youth sentence (3) A Canadian offender who was from 14 to 17 years old at the time the offence was committed and who received a sentence for a determinate period of ten years or less for conduct that, if it had occurred in Canada, would have constituted first degree murder within the meaning of section 231 of the Criminal Code — or of seven years or less for conduct that, if it had occurred in Canada, would have constituted second degree murder within the meaning of that section — is deemed to have received a youth sentence within the meaning of the Youth Criminal Justice Act. Placement 20. A Canadian offender who was from 12 to 17 years old at the time the offence was committed is to be detained (a) if the sentence imposed in the foreign entity could, if the offence had been committed in Canada, have been a youth sentence within the meaning of the Youth Criminal Justice Act, Transfèrement internat (i) in the case of an offender who was less than 20 years old at the time of their transfer, in a youth custody facility within the meaning of that Act, and (ii) in the case of an offender who was at least 20 years old at the time of their transfer, in a provincial correctional facility for adults; and (b) if the sentence imposed in the foreign entity could, if the offence had been committed in Canada, have been an adult sentence within the meaning of that Act, (i) in the case of an offender who was less than 18 years old at the time of their transfer, in a youth custody facility within the meaning of that Act, (ii) in the case of an offender who was at least 18 years old at the time of their transfer, in a provincial correctional facility for adults if their sentence is less than two years, and (iii) in the case of an offender who was at least 18 years old at the time of their transfer, in a penitentiary if their sentence is at least two years. SENTENCE CALCULATION Where committed 21. Subject to section 20, a Canadian offender who was detained in a foreign entity is to be detained in Canada in (a) a prison if they were sentenced to imprisonment for less than two years; or (b) a penitentiary if they were sentenced to imprisonment for two years or more. Credit towards completion of sentence 22. (1) The length of a Canadian offender’s sentence equals the length of the sentence imposed by the foreign entity minus any time that was, before their transfer, recognized by the foreign entity as a reduction, other than time spent in confinement after the sentence was imposed. Credit for time spent in confinement (2) The time that a Canadian offender spent in confinement, after the sentence was imposed and before their transfer, is subtracted from the length of the sentence determined in accordance C. 21 International Tran with subsection (1). The resulting period constitutes the period that the offender is to serve on the sentence. Eligibility for parole — general 23. Subject to sections 19 and 24, a Canadian offender who is transferred to Canada is eligible for full parole on the day on which they have served, commencing on the day on which they commenced serving their sentence, the lesser of seven years and one third of the length of the sentence as determined under subsection 22(1). Eligibility for parole — murder 24. (1) Subject to subsections 17(2) and 19(1), if a Canadian offender was sentenced to imprisonment for life for an offence that, if it had been committed in Canada, would have constituted murder within the meaning of the Criminal Code, their full parole ineligibility period is 10 years. If, in the Minister’s opinion, the documents supplied by the foreign entity show that the circumstances in which the offence was committed were such that, if it had been committed in Canada after July 26, 1976, it would have been first degree murder within the meaning of section 231 of that Act, the full parole ineligibility period is 15 years. Multiple murders (2) Subject to subsection (3), if a Canadian offender who was subject to a sentence of imprisonment for life for a conviction for murder, or an offence that, if it had been committed in Canada, would have constituted murder, within the meaning of the Criminal Code, received an additional sentence of imprisonment for life — imposed by the foreign entity for a conviction for an offence that, if it had been committed in Canada, would have constituted murder within the meaning of that Act — the full parole ineligibility period in respect of the additional sentence is established under section 745 of that Act. Exception — second degree murder (3) If the additional sentence referred to in subsection (2) is in respect of a conviction for an offence that, if it had been committed in Canada, would have constituted second degree murder within the meaning of section 231 of the Criminal Code — and if the offence was committed before all of the Canadian offender’s convictions for murder, or for offences that, if Transfèrement internat they had been committed in Canada, would have constituted murder, within the meaning of that Act — the full parole ineligibility period in respect of the additional sentence is 10 years. Credit for time spent in custody (4) In calculating the period of imprisonment for the purpose of this section, the time served by an offender includes any time spent in custody between the day on which they were arrested and taken into custody for the offence for which they were sentenced and the day on which the sentence was imposed. Temporary absence and day parole — persons convicted of murder 25. Subject to section 746.1 of the Criminal Code, Statutory release — penitentiary 26. (1) If a Canadian offender is detained in a penitentiary, they are entitled to be released on statutory release on the day on which they have served, commencing on the day of their transfer, two thirds of the period determined in accordance with subsection 22(2). Release — prison (2) If a Canadian offender is detained in a prison, they are entitled to be released on the day on which they have served, commencing on the day of their transfer, the period determined in accordance with subsection 22(2) less the amount of any remission earned under the Prisons and Reformatories Act on that period. If eligible for parole, etc., before transfer 27. If, under the Corrections and Conditional Release Act or the Criminal Code, the day on which a Canadian offender is eligible for a temporary absence, day parole or full parole is before the day of their transfer, the day of their transfer is deemed to be their day of eligibility. (a) a Canadian offender who is transferred to Canada — and was sentenced to imprisonment for life for an offence that, if it had been committed in Canada, would have constituted murder within the meaning of that Act — is eligible for day parole in accordance with the Corrections and Conditional Release Act and for an absence without escort in accordance with the Corrections and Conditional Release Act or the Prisons and Reformatories Act; and (b) their absence with escort may be authorized in accordance with the Corrections and Conditional Release Act or the Prisons and Reformatories Act. C. 21 Review by Board 28. Despite sections 122 and 123 of the Corrections and Conditional Release Act, the National Parole Board is not required to review the case of a Canadian offender until six months after the day of their transfer. Application 29. (1) Subject to this Act, a Canadian offender who is transferred to Canada is subject to the Corrections and Conditional Release Act, the Prisons and Reformatories Act and the Youth Criminal Justice Act as if they had been convicted and their sentence imposed by a court in Canada. Canadian sentence (2) If, before the transfer, a Canadian offender is subject to a Canadian sentence of imprisonment, they are International Tran (a) eligible for full parole on the later of (i) the day established in accordance with section 19, 23 or 24, as the case may be, and (ii) the full parole eligibility date established under the Corrections and Conditional Release Act; and (b) entitled to statutory release on the later of (i) the day established in accordance with section 26, and (ii) the statutory release date established under that Act. COMPASSIONATE MEASURES Canadian offender 30. (1) A Canadian offender shall benefit from any compassionate measures — including a cancellation of their conviction or shortening of their sentence — taken by a foreign entity after the transfer. Foreign offender (2) The Minister shall take all reasonable steps to inform the foreign entity and the foreign offender of any compassionate measures taken by Canada after the transfer. Transfèrement internat ADMINISTRATIVE ARRANGEMENTS Administrative arrangements — offenders 31. If no treaty is in force between Canada and a foreign entity on the transfer of offenders, the Minister of Foreign Affairs may, with the consent of the Minister, enter into an administrative arrangement with the foreign entity for the transfer of an offender in accordance with this Act. Administrative arrangements — mentally disordered persons 32. (1) If the relevant provincial authority consents to the transfer, the Minister of Foreign Affairs may, with the consent of the Minister, enter into an administrative arrangement with a foreign entity for the transfer, in accordance with this Act, of a person in respect of whom a verdict of unfit to stand trial or not criminally responsible on account of mental disorder was rendered and may no longer be appealed. Consent — provincial authority (2) The consent of a provincial authority to a transfer under this section shall take into account the purpose and principles of this Act. Consent to the transfer of a person in respect of whom a verdict of not criminally responsible on account of mental disorder has been rendered — or of a citizen or national of a foreign entity in respect of whom a verdict of unfit to stand trial has been rendered — is given by the attorney general of a province or, in the case of a territory, the Attorney General of Canada, on the recommendation of the relevant Review Board established under section 672.38 of the Criminal Code. Consent to the transfer of a Canadian citizen in respect of whom a verdict of unfit to stand trial has been rendered in a foreign entity is given by the relevant provincial authority. Factors — provincial authority (3) A Review Board, in deciding whether to recommend to the attorney general that a person be transferred — and the relevant provincial authority, in deciding whether to consent to a transfer under subsection (2) — shall consider the following factors: C. 21 International Tran (a) the best interests of the person, including their mental condition, the likelihood of their reintegration into society and their treatment and other needs; and (b) the need to protect society from dangerous persons. Additional factor — unfit to stand trial (4) The attorney general, in deciding whether to consent to the transfer to a foreign entity of a person in respect of whom a verdict of unfit to stand trial has been rendered, shall consider their ability to effectively prosecute the case in the event that the person becomes fit to stand trial. Definition of “foreign entity” 33. In sections 31 and 32, “foreign entity” means a foreign state, a province, state or other political subdivision of a foreign state, a colony, dependency, possession, protectorate, condominium, trust territory or any territory falling under the jurisdiction of a foreign state or a territory or other entity, including an international criminal tribunal. Part XX.1 of Criminal Code 34. (1) Subject to the other provisions of this Act — and, in the case of a young person, section 141 of the Youth Criminal Justice Act — Part XX.1 of the Criminal Code applies to a person who is transferred to Canada under an administrative arrangement that was entered into under section 32. The verdict of the foreign court is deemed to be a verdict of not criminally responsible on account of mental disorder and to have been made on the day of their transfer. Presumption (2) The person is deemed to be the subject of an order under paragraph 672.54(c) of the Criminal Code and a warrant of committal under section 672.57 of that Act until the Review Board of the province to which the person is transferred makes a disposition under section 672.47 of that Act. The Review Board shall, within 45 days after the day of the person’s transfer, hold a hearing and make a disposition. Transfèrement internat Extension of time period (3) If the Review Board is of the opinion that there are exceptional circumstances that warrant it, it may take a maximum of 90 days to hold a hearing and make a disposition. Transportation for transfer 35. (1) A person who is discharged under paragraph 672.54(b) of the Criminal Code or detained under paragraph 672.54(c) of that Act may — with the consent of the attorney general of the province from which they are to be transported and, if applicable, the attorney general of the province to which they are to be transported — be transported to any other place in Canada in order to expedite their transfer to a foreign entity. Warrant (2) If a person is to be transported in order to expedite their transfer, an officer authorized by the attorney general of the province from which they are to be transported shall sign a warrant specifying the place in Canada to which they are to be transported, the terms of their transfer and, if applicable, the place of detention. Territories (3) For the purpose of this section, in respect of a territory, the relevant attorney general is the Attorney General of Canada. Transportation and detention 36. A warrant referred to in subsection 35(2) is sufficient authority for (a) the person who is responsible for the custody and transportation of the person being transferred to convey them to the place in Canada to which they are to be transported and, if applicable, deliver them to the person in charge of the place of detention; (b) the person in charge of the place of detention to detain the person being transferred; and (c) the person who is responsible for the custody and transportation of the person being transferred to deliver them to the person from the foreign entity who is responsible for the transfer. C. 21 International Tran GENERAL PROVISION Transfer to Canada not valid 37. (1) The foreign sentence of a person transferred to Canada under this Act is enforceable in Canada unless a court determines that, because the person is not a Canadian citizen, the transfer is not valid. Minister to notify foreign entity and other ministers (2) If the court declares that the transfer of the person to Canada is not valid, the Minister shall notify the foreign entity, the minister responsible for the Immigration and Refugee Protection Act and the minister responsible for the Extradition Act that the transfer is not valid. Transfer to foreign entity not valid (3) If a foreign entity declares that the transfer of a foreign offender is not valid, the Canadian sentence that they were serving before the transfer is enforceable in Canada. TRANSITIONAL PROVISION Application to pending cases 38. This Act applies in respect of all requests for transfer that are pending on the day that this section comes into force. CONSEQUENTIAL AMENDMENT 1992, c. 20 2002, c. 1, s. 171 “sentence” « peine » ou « peine d’emprisonnement » Corrections and Conditional Release Act 39. The definition “sentence” in subsection 2(1) of the Corrections and Conditional Release Act is replaced by the following: “sentence” means a sentence of imprisonment and includes a sentence imposed by a foreign entity on a Canadian offender who has been transferred to Canada under the International Transfer of Offenders Act and a youth sentence imposed under the Youth Criminal Justice Act; Transfèrement internat REFERENCES Replacement of “Transfer of Offenders Act” with “International Transfer of Offenders Act” — Acts 40. (1) Unless the context requires otherwise, every reference to “Transfer of Offenders Act” is replaced by a reference to “International Transfer of Offenders Act” in any other Act of Parliament, and more particularly in the following provisions: (a) subsection 107(1) and paragraph 138(3)(b) of the Corrections and Conditional Release Act; and (b) section 3 of the Criminal Records Act. References in regulations, etc. (2) Unless the context requires otherwise, every reference to “Transfer of Offenders Act” is replaced by a reference to “International Transfer of Offenders Act” in any regulation, as defined in section 2 of the Statutory Instruments Act, and in any other instrument made in the execution of a power conferred under an Act of Parliament or by order or under the authority of the Governor in Council, and more particularly in paragraph 136(1)(d) of the Corrections and Conditional Release Regulations. COORDINATING AMENDMENT Bill C-18 41. (1) Subsections (2) and (3) apply if Bill C-18, introduced in the 2nd Session of the 37th Parliament and entitled the Citizenship of Canada Act (referred to in this section as the “other Act”), receives royal assent. (2) If section 71 of the other Act comes into force before, or at the same time as, section 42 of this Act, then, on the coming into force of section 42 of this Act, the definition “Canadian offender” in section 2 of this Act is replaced by the following: “Canadian offender” « délinquant canadien » “Canadian offender” means a Canadian citizen within the meaning of the Citizenship of Canada Act who has been found guilty of an offence — and is detained, subject to supervision by reason of conditional release or probation or subject to any other form of supervision in a foreign entity — and whose verdict and sentence may no longer be appealed. C. 21 International Tran (3) If section 42 of this Act comes into force before section 71 of the other Act, then, on the coming into force of section 42 of this Act, paragraph 71(e) of the other Act is replaced by the following: (e) the definition “Canadian offender” in section 2 of the International Transfer of Offenders Act. REPEAL Repeal 42. The Transfer of Offenders Act, chapter T-15 of the Revised Statutes of Canada, 1985, and any regulation made under it are repealed. COMING INTO FORCE Coming into force 43. This Act, other than section 41, comes into force on a day to be fixed by order of the Governor in Council. Published under authority of the Speaker of the House of Commons Available from: Public Works and Government Services Canada Ottawa, Ontario K1A 0S5 Available from: Public Works and Government Services Canada Ottawa, Ontario K1A 0S5

Third Session, Thirty-seventh Parliament, 52-53 Elizabeth II, 2004 STATUTES OF CANADA 2004 CHAPTER 20 An Act to amend the Canada National Parks Act BILL C-28 ASSENTED TO 14th MAY, 2004 SUMMARY This enactment amends the Canada National Parks Act to withdraw lands from Riding Mountain National Park of Canada and Pacific Rim National Park Reserve of Canada for the purposes of Indian reserves. All parliamentary publications are available on the Parliamentary Internet Parlementaire at the following address: http://www.parl.gc.ca 52-53 ELIZABETH II —————— CHAPTER 20 An Act to amend the Canada National Parks Act [Assented to 14th May, 2004] Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: 2000, c. 32 SOR/2003-345 CANADA NATIONAL PARKS ACT 1. Paragraph (10)(a) of the description of Riding Mountain National Park of Canada in Part 4 of Schedule 1 to the Canada National Parks Act is replaced by the following: (a) sections 5, 6, 7 and 8, the west half of section 4, the portion of the east half of section 4 lying west of Clear Lake Indian Reserve No. 61A and the southwest quarter of section 18; 2. The description of Pacific Rim National Park Reserve of Canada in Schedule 2 to the Act is amended by adding the following at the end of Part I: Thirdly: Parcel 1 and Village Connector Road, as shown on a plan recorded in the Canada Lands Surveys Records at Ottawa as 88700. COMING INTO FORCE Order of the Governor in Council 3. The provisions of this Act come into force on a day or days to be fixed by order of the Governor in Council. Published under authority of the Speaker of the House of Commons Available from: Public Works and Government Services Canada Ottawa, Ontario K1A 0S5 Available from: Public Works and Government Services Canada Ottawa, Ontario K1A 0S5

Third Session, Thirty-seventh Parliament, 52-53 Elizabeth II, 2004 STATUTES OF CANADA 2004 CHAPTER 1 An Act respecting the effective date of the representation order of 2003 BILL C-5 ASSENTED TO 11th MARCH, 2004 SUMMARY This enactment provides that the representation order of 2003 is effective on the first dissolution of Parliament that occurs on or after April 1, 2004. All parliamentary publications are available on the Parliamentary Internet Parlementaire at the following address: http://www.parl.gc.ca 52-53 ELIZABETH II —————— CHAPTER 1 An Act respecting the effective date of the representation order of 2003 [Assented to 11th March, 2004] Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: Effective date of representation order 1. Despite subsection 25(1) of the Electoral Boundaries Readjustment Act and the proclamation issued under that subsection on August 25, 2003 and registered as SI/2003-154, the representation order referred to in that proclamation is effective on the first dissolution of Parliament that occurs on or after April 1, 2004. Amendment to the Electoral Boundaries Readjustment Act 2. On the later of the coming into force of this Act and section 23 of An Act to amend the Canada Elections Act and the Income Tax Act (political financing), being chapter 19 of the Statutes of Canada, 2003, subsection 25(2) of the Electoral Boundaries Readjustment Act is replaced by the following: Returning officers and electoral district associations (2) For the purpose of authorizing and enabling, whenever required, the appointment of returning officers under section 24 of the Canada Elections Act or the registration of electoral district associations under subsection 403.22(4) of that Act, the representation order is deemed to be effective on the day on which the proclamation was issued. C. 1 Deemed coming into force 3. In the case of any proclamation issued in 2003 under subsection 25(1) of the Electoral Boundaries Readjustment Act, the order referred to in that proclamation is deemed, for the purposes of subsection 25(2) of that Act, as enacted by section 2 of this Act, to be effective on January 1, 2004. Representation Published under authority of the Speaker of the House of Commons Available from: Communications Canada — Canadian Government Publishing Ottawa, Canada K1A 0S9 Available from: Communication Canada — Canadian Government Publishing Ottawa, Canada K1A 0S9

CONSOLIDATION Royal Assent Act S.C. 2002, c. 15 Current to June 20, 2022 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (2) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. Inconsistencies in Acts (2) In the event of an inconsistency between a consolidated statute published by the Minister under this Act and the original statute or a subsequent amendment as certified by the Clerk of the Parliaments under the Publication of Statutes Act, the original statute or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 TABLE OF PROVISIONS An Act respecting royal assent to bills passed by the Houses of Parliament 1 Short title Form and manner of royal assent Use of customary form and manner Notification in Parliament Date of assent Declaration not a statutory instrument Saving Current to June 20, 2022 ii S.C. 2002, c. 15 An Act respecting royal assent to bills passed by the Houses of Parliament [Assented to 4th June 2002] Preamble WHEREAS royal assent is the constitutional culmination of the legislative process; WHEREAS the customary ceremony of royal assent, which assembles the three constituent entities of Parliament, is an important legislative tradition to be preserved; AND WHEREAS it is desirable to facilitate the work of Parliament and the process of enactment by enabling royal assent to be signified by written declaration; NOW, THEREFORE, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: Short title 1 This Act may be cited as the Royal Assent Act. Form and manner of royal assent 2 Royal assent to a bill passed by the Houses of Parliament may be signified, during the session in which both Houses pass the bill, (a) in Parliament assembled; or (b) by written declaration. Use of customary form and manner 3 (1) Royal assent shall be signified in Parliament assembled at least twice in each calendar year. Current to June 20, 2022 Royal Assent Sections 3-7 Minimum requirement (2) Royal assent shall be signified in Parliament assembled in the case of the first bill of the session appropriating sums for the public service of Canada based upon main or supplementary estimates. Witness of assent (3) The signification of royal assent by written declaration may be witnessed by more than one member from each House of Parliament. Notification in Parliament 4 Each House of Parliament shall be notified of a written declaration of royal assent by the Speaker of that House or by the person acting as Speaker. Date of assent 5 Where royal assent is signified by written declaration, the Act is deemed to be assented to on the day on which the two Houses of Parliament have been notified of the declaration. Declaration not a statutory instrument 6 A written declaration of royal assent is not a statutory instrument for the purposes of the Statutory Instruments Act. Saving 7 No royal assent is invalid only because section 3 is not complied with. Current to June 20, 2022

CONSOLIDATION Regional Development Incentives Act R.S.C. 1970, c. R-3 Current to June 20, 2022 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (2) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. Inconsistencies in Acts (2) In the event of an inconsistency between a consolidated statute published by the Minister under this Act and the original statute or a subsequent amendment as certified by the Clerk of the Parliaments under the Publication of Statutes Act, the original statute or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 TABLE OF PROVISIONS An Act to provide incentives for the development of productive employment opportunities in regions of Canada determined to require special measures to facilitate economic expansion and social adjustment Short Title 1 Short title Interpretation 2 Definitions Designation of Regions 3 Designation of regions Development Incentives Authorization of Incentives 4 Incentives for new and existing facilities Maximum Amounts 5 Maximum primary development incentive Determination of Amount of Incentive 6 Criteria for determining amount of incentive Ineligible Facilities 7 Ineligible facilities Limiting Provisions 8 Servicing expenditures as approved capital costs Prior contractual commitment Payment of Incentives 10 Time for payment of development incentives Where region ceases to be designated Tax Provisions 12 Incentive exempt from income tax Current to June 20, 2022 ii Regional Development Incentives TABLE OF PROVISIONS Manpower Services 13 Condition respecting utilization of manpower services Loan Guarantees 13.1 Loan guarantees General 14 Limitations on agreements under Department of Regional Economic Expansion Act Regulations 15 Regulations Regional Development Incentives Board 15.1 Board to be established Report to Parliament Current to June 20, 2022 iv R.S.C. 1970, c. R-3 An Act to provide incentives for the development of productive employment opportunities in regions of Canada determined to require special measures to facilitate economic expansion and social adjustment Short Title Short title 1 This Act may be cited as the Regional Development Incentives Act. 1968-69, c. 56, s. 1. Interpretation Definitions 2 In this Act applicant means an applicant for a development incentive or an applicant for a loan guarantee under this Act; (requérant) approved capital costs means the capital costs, as determined by the Minister, of (a) establishing, expanding or modernizing a facility in respect of which a development incentive is authorized or a loan guarantee is authorized under this Act, or (b) establishing a commercial facility in respect of which a loan guarantee is authorized under this Act; (coût d’immobilisation approuvé) capital to be employed in the operation means, in relation to the establishment or expansion of a facility, the aggregate of (a) the approved capital costs, Current to June 20, 2022 Regional Development Incentives Interpretation Section 2 (b) the value, as accepted by the Minister, of the fixed assets that are to be employed in the operation and that are not included in the approved capital costs, and (c) such amount in respect of the working capital required for the purposes of the operation as is approved by the Minister; (capital affecté à l’entreprise) commercial facility means the structures, machinery and equipment that constitute the necessary components of a commercial operation; (établissement commercial) designated region means a region designated pursuant to section 3; (région désignée) development incentive means a primary development incentive, a secondary development incentive or a special development incentive described in section 4; (subvention au développement) facility means the structures, machinery and equipment that constitute the necessary components of a manufacturing or processing operation, other than an initial processing operation in a resource-based industry; (établissement) Minister, in relation to any class of matters to which this Act extends in any province or region of a province, means such member of the Queen’s Privy Council for Canada as is designated by the Governor in Council as the Minister for the purposes of this Act in relation to that class of matters in that province or region of a province; (ministre) operation means, (a) in relation to a facility, the manufacturing or processing operation of which the facility constitutes the necessary components, and (b) in relation to a commercial facility, the commercial undertaking of which the commercial facility constitutes the necessary components; (entreprise) total capital costs means (a) the approved capital costs, (b) the value, as accepted by the Minister, of the fixed assets that are to be employed in the operation and that are not included in the approved capital costs, and Current to June 20, 2022 Regional Development Incentives Interpretation Sections 2-4 (c) the value, as accepted by the Minister, of the capitalized expenses incurred in bringing a new facility or commercial facility into commercial production or operation or in bringing an expanded or modernized facility into commercial production. (coût d’immobilisation total) R.S., 1970, c. R-3, s. 2; R.S., 1970, c. 25(2nd Supp.), s. 1; 1980-81-82-83, c. 167, s. 34; 1988, c. 17, s. 16. Designation of Regions Designation of regions 3 (1) Subject to subsection (2), the Governor in Council, after consultation with the government of any province or provinces, may for the purposes of this Act by order designate as a designated region, for the period set out in the order, any region comprising the whole of that province or those provinces, or any portion thereof not less than 12 500 square kilometres in size, that is determined to require special measures to facilitate economic expansion and social adjustment. Criteria for designation (2) A region may be designated pursuant to subsection (1) only if the Governor in Council, upon the report of the Minister, is satisfied that (a) existing opportunities for productive employment in the region are exceptionally inadequate; and (b) the provision of development incentives under this Act for the establishment of new facilities or the expansion or modernization of existing facilities in the region will make a significant contribution to economic expansion and social adjustment within the region. R.S., 1970, c. R-3, s. 3; 1976-77, c. 55, s. 7. Development Incentives Authorization of Incentives Incentives for new and existing facilities 4 Upon application therefor to the Minister by an applicant proposing to establish a new facility or to expand or modernize an existing facility in a designated region, the Minister may authorize the provision to the applicant, subject to this Act and upon such terms and conditions as are prescribed by the regulations, of Current to June 20, 2022 Regional Development Incentives Development Incentives Authorization of Incentives Sections 4-5 (a) a primary development incentive by way of financial assistance to the applicant for the establishment, expansion or modernization of the facility; (b) in the case of a proposal to establish a new facility or to expand an existing facility to enable the manufacturing or processing of a product not previously manufactured or processed in the operation, a secondary development incentive by way of additional financial assistance to the applicant for the establishment of the new facility or the expansion of the existing facility for that purpose; and (c) a special development incentive by way of financial assistance to the applicant for the establishment, expansion or modernization of the facility. R.S., 1970, c. R-3, s. 4; R.S., 1970, c. 25(2nd Supp.), s. 2. Maximum Amounts Maximum primary development incentive 5 (1) The amount of a primary development incentive shall be based on the approved capital costs of establishing, expanding or modernizing the facility in respect of which the primary development incentive is authorized and shall not exceed (a) 20% of those approved capital costs, or (b) $6,000,000, whichever is the lesser amount. Maximum secondary development incentive (2) The amount of a secondary development incentive shall be based on the approved capital costs of establishing or expanding the facility in respect of which the secondary development incentive is authorized and on the number of jobs created directly in the operation and shall not exceed (a) 5% of those approved capital costs, plus (b) $5,000 for each job determined by the Minister to have been created directly in the operation. Maximum special development incentive (3) The amount of a special development incentive shall be based Current to June 20, 2022 Regional Development Incentives Development Incentives Maximum Amounts Sections 5-6 (a) on the approved capital costs of establishing, expanding or modernizing the facility in respect of which the special development incentive is authorized, or (b) where such incentive is authorized in respect of a new facility or for the expansion of an existing facility to enable the manufacturing or processing of a product not previously manufactured or processed in the operation, on the approved capital costs of establishing or expanding the facility and on the number of jobs created directly in the operation, and shall not exceed, (c) in a case to which paragraph (a) applies and to which paragraph (b) does not apply, 10% of those approved capital costs, or (d) in a case to which paragraph (b) applies, (i) 10% of those approved capital costs, plus (ii) $2,000 for each job determined by the Minister to have been created directly in the operation. Maximum incentive or combined incentive in certain cases (4) No development incentive or combination of development incentives authorized in respect of a new facility or for the expansion of an existing facility to enable the manufacturing or processing of a product not previously manufactured or processed in the operation shall exceed the lesser of (a) $30,000 for each job determined by the Minister to have been created directly in the operation, and (b) one-half of the capital to be employed in the operation. R.S., 1970, c. R-3, s. 5; R.S., 1970, c. 25(2nd Supp.), s. 3. Determination of Amount of Incentive Criteria for determining amount of incentive 6 Subject to this Act, the Minister may authorize the provision of a development incentive in the maximum amount provided for by this Act or in any lesser amount, and in determining whether to authorize the provision of Current to June 20, 2022 Regional Development Incentives Development Incentives Determination of Amount of Incentive Sections 6-7 a development incentive in the maximum amount so provided for or in any lesser amount, the Minister shall take into consideration the following factors: (a) the extent of the contribution that the establishment, expansion or modernization of the facility would make to economic expansion and social adjustment in the designated region; (b) the probable cost to provincial, municipal or other public authorities of providing services or utilities required for or in connection with the facility; (c) the amount or present value of any federal, provincial or municipal assistance given or to be given, other than under this Act, in respect of the establishment, expansion or modernization of the facility; (d) the probable cost of preventing or eliminating any significant air, water or other pollution that could result from the establishment, expansion or modernization of the facility; (e) in the case of any proposal to establish or expand a facility constituting the necessary components of a processing operation, whether the resources to be exploited would be adequate, on a sustained-yield basis, to support the facility together with existing facilities that utilize the same resources; and (f) such other factors relating to the economic and social benefits and costs of the facility as the Minister considers relevant. 1968-69, c. 56, s. 6. Ineligible Facilities Ineligible facilities 7 (1) No development incentive may be authorized under this Act for the establishment, expansion or modernization of any facility if, in the opinion of the Minister, (a) it is probable that the facility would be established, expanded or modernized without the provision of such an incentive; or (b) the establishment, expansion or modernization of the facility would not make a significant contribution to economic expansion and social adjustment within the designated region. Current to June 20, 2022 Regional Development Incentives Development Incentives Ineligible Facilities Sections 7-9 Idem (2) No development incentive may be authorized under this Act for the establishment, expansion or modernization of any facility the capital costs of which would not, in the opinion of the Minister, exceed such minimum amount as is prescribed by the regulations. 1968-69, c. 56, s. 7. Limiting Provisions Servicing expenditures as approved capital costs 8 (1) In calculating the amount of any development incentive for the establishment, expansion or modernization of any facility, there may be included in the approved capital costs of establishing, expanding or modernizing the facility any capital expenditures made by the applicant to provincial, municipal or other public authorities for the provision of services or utilities required for or in connection with the facility, if the Minister is of the opinion that the expenditures were reasonably and responsibly made, but no such expenditures shall be so included in excess of 20% of the total amount of the approved capital costs of establishing, expanding or modernizing the facility, after deducting from those approved capital costs all federal, provincial and municipal grants or other financial assistance made or to be made in connection therewith or for which the applicant would ordinarily have been eligible by reason of the establishment, expansion or modernization of the facility. Limitation re capital to be employed in the operation (2) In calculating the amount of any secondary development incentive for the expansion of any facility, there may be included in the capital to be employed in the operation only such part of that capital as is to be employed in connection with the manufacturing or processing of a product not previously manufactured or processed in the operation. 1968-69, c. 56, s. 8. Prior contractual commitment 9 (1) No development incentive may be authorized under this Act for the establishment, expansion or modernization of a facility for which a contractual commitment was made, whether or not the commitment remains in force, before (a) the 1st day of July 1969, or (b) the day on which an application for the development incentive is received by the Minister, whichever is the later date. Current to June 20, 2022 Regional Development Incentives Development Incentives Limiting Provisions Section 9 Exception (2) Notwithstanding subsection (1), where an application for a development incentive is received by the Minister before the 1st day of January 1970 in respect of a facility for which a contractual commitment was made on or after the 1st day of July 1969, provision of the development incentive may be authorized and the development incentive may be paid in accordance with this Act as if the contractual commitment had not been so made. Time limitation (3) No primary development incentive or secondary development incentive may be provided under this Act (a) for the establishment of a facility that is not brought into commercial production until after the 31st day of December, 1984; or (b) in the case of the expansion or modernization of a facility, if the expanded or modernized facility is not brought into commercial production until after the 31st day of December, 1984. Idem (3.1) No special development incentive may be provided under this Act (a) for the establishment of a facility that is not brought into commercial production until after the 31st day of December 1973, or (b) in the case of the expansion or modernization of a facility, if the expanded or modernized facility is not brought into commercial production until after the 31st day of December 1973, unless, in the opinion of the Minister, the facility or the expanded or modernized facility was not brought into commercial production until after the 31st day of December 1973 for reasons beyond the control of the applicant. Insurance (3.2) No development incentive may be provided under this Act unless, at the request of the Minister or at such times as are provided by the regulations, the applicant therefor provides to the Minister evidence that the facility in respect of which the development incentive is authorized is insured to the satisfaction of the Minister or in accordance with the regulations. Where incentive previously authorized (4) No development incentive may be authorized for the modernization of any facility in respect of which a Current to June 20, 2022 Regional Development Incentives Development Incentives Limiting Provisions Sections 9-11 development incentive has previously been authorized under this Act. R.S., 1970, c. R-3, s. 9; R.S., 1970, c. 25(2nd Supp.), s. 4; 1974-75-76, c. 84, s. 1; 1980-81-82-83, c. 14, s. 1. Payment of Incentives Time for payment of development incentives 10 When the Minister is satisfied that a facility for the establishment, expansion or modernization of which a development incentive has been authorized, the amount of which was based on (a) the approved capital costs of establishing, expanding or modernizing the facility, or (b) the approved capital costs of establishing or expanding the facility and the number of jobs created directly in the operation, has been brought into commercial production or, in the case of a facility for the expansion or modernization of which a development incentive has been authorized, the expanded or modernized facility has been brought into commercial production, the Minister shall pay to the applicant an amount on account of the development incentive not exceeding 80% of the amount estimated by the Minister to be the amount of the development incentive, and the remainder of the incentive shall be paid in such amounts and within such period, (c) not longer than 30 months from the day the facility or the expanded or modernized facility was brought into commercial production, in a case to which paragraph (a) applies and to which paragraph (b) does not apply, or (d) not longer than 42 months from the day the facility or the expanded facility was brought into commercial production, in a case to which paragraph (b) applies, as are prescribed by the regulations. R.S., 1970, c. R-3, s. 10; R.S., 1970, c. 25(2nd Supp.), s. 5. Where region ceases to be designated 11 Where, before a facility for the establishment of which a development incentive was authorized is brought into commercial production or, in the case of a facility for the expansion or modernization of which a development incentive was authorized, before the expanded or modernized facility is brought into commercial production, the region in which the facility or the expanded or modernized facility is or is to be situated ceases to be a Current to June 20, 2022 Regional Development Incentives Development Incentives Payment of Incentives Sections 11-13 designated region, no amount on account of the development incentive shall be paid under this Act (a) unless the facility or the expanded or modernized facility is brought into commercial production within 18 months after the region ceases to be a designated region; or (b) in any other case, unless the Minister is satisfied that (i) substantial progress was made in establishing, expanding or modernizing the facility before the region ceased to be a designated region, and (ii) after the region ceased to be a designated region, the establishment, expansion or modernization of the facility was completed with all reasonable speed. R.S., 1970, c. R-3, s. 11; R.S., 1970, c. 25(2nd Supp.), s. 6. Tax Provisions Incentive exempt from income tax 12 An amount payable to an applicant on account of a development incentive under this Act is exempt from income tax. 1968-69, c. 56, s. 12. Manpower Services Condition respecting utilization of manpower services 13 (1) It is a condition precedent to the payment of any amount on account of a development incentive that the applicant keep the Canada Employment and Immigration Commission informed of the employment vacancies and requirements of the applicant in the designated region in which the facility for the establishment, expansion or modernization of which the development incentive was authorized is or is to be situated, and that the applicant further, from time to time, at the request of that Commission or as required by the regulations, (a) discuss with the Commission the long-term plans of the applicant for the recruitment and training of employees in the designated region; and (b) participate in and cooperate with the Commission in respect of any programs of the Commission related to employment counselling, placement and manpower adjustment, mobility and training. Current to June 20, 2022 Regional Development Incentives Manpower Services Sections 13-13.1 Duration of condition (2) The condition prescribed by this section shall be effective for the period ending on the day the final payment on account of the development incentive is made or the 31st day of December, 1984, whichever is later. R.S., 1970, c. R-3, s. 13; 1974-75-76, c. 84, s. 2; 1976-77, c. 54, s. 74; 1980-81-82-83, c. 14, s. 2. Loan Guarantees Loan guarantees 13.1 (1) Upon application therefor to the Minister by an applicant proposing to (a) establish a new facility or to expand or modernize an existing facility, or (b) establish a commercial facility, the Minister may, with the concurrence of the Minister of Finance, subject to this Act and upon such terms and conditions as are prescribed by the regulations, authorize the guarantee by Her Majesty in right of Canada of the repayment by the applicant of a proportion of any loan made to him in respect of the establishment, expansion or modernization of the facility or the establishment of the commercial facility and the payment of interest by the applicant on the proportion of the loan so guaranteed. Ineligible facilities (2) No loan guarantee may be authorized under this Act in respect of the establishment of a new facility or the expansion or modernization of an existing facility unless (a) a development incentive (i) has been or could be authorized under this Act for the establishment of the facility or the expansion or modernization thereof, or (ii) could not be authorized under this Act for the establishment of the facility or the expansion or modernization thereof by reason only that the Minister is of the opinion that the facility could be established, expanded or modernized without the provision of a development incentive; and (b) the Minister is of the opinion that (i) the applicant could not obtain sufficient financing on reasonable terms for the establishment of the facility or the expansion or modernization thereof without such guarantee, and Current to June 20, 2022 Regional Development Incentives Loan Guarantees Section 13.1 (ii) in the case of the establishment of a new facility, it will be brought into commercial production on or before the 31st day of December, 1984 and, in the case of the expansion or modernization of a facility, the expanded or modernized facility will be brought into commercial production on or before that date. Ineligible commercial facilities (3) No loan guarantee may be authorized under this Act in respect of the establishment of a commercial facility unless (a) the commercial services to be provided are of a class prescribed by the regulations and the facility will be located within an area prescribed by the regulations for the purposes of this section that is within a designated region; and (b) the Minister is of the opinion that (i) the establishment of the commercial facility would make a significant contribution to economic expansion and social adjustment within the designated region, (ii) the capital costs of the commercial facility will exceed such minimum amount as is prescribed by the regulations, (iii) the applicant could not obtain sufficient financing on reasonable terms for the establishment of the commercial facility without such guarantee, and (iv) the commercial facility will be brought into commercial operation on or before the 31st day of December, 1984. Maximum loan a proportion of which may be guaranteed (4) No loan guarantee may be authorized under this Act where the amount of the loan to the applicant exceeds 80% of the amount estimated by the Minister to be the total capital costs of establishing, expanding or modernizing the facility or of establishing the commercial facility in respect of which the loan is made minus an amount estimated by the Minister to be the aggregate of any development incentive and all other federal, provincial and municipal grants or other financial assistance given or to be given in connection therewith or for which the applicant would ordinarily have been eligible by reason of the Current to June 20, 2022 Regional Development Incentives Loan Guarantees Sections 13.1-15 establishment, expansion or modernization of the facility or of the establishment of the commercial facility. Insurance (5) A loan guarantee authorized under this Act ceases to be of any force or effect if the lender by whom the loan was made fails to provide to the Minister, at his request or at such times as are provided by the regulations, evidence that the facility or commercial facility in respect of which the guaranteed loan was made is insured to the satisfaction of the Minister or in accordance with the regulations. R.S., 1970, c. 25(2nd Supp.), s. 7; 1974-75-76, c. 84, ss. 3, 4; 1980-81-82-83, c. 14, s. 3. General Limitations on agreements under Department of Regional Economic Expansion Act 14 Where, in the opinion of the Minister, a development incentive could be provided under this Act in respect of an undertaking referred to in subsection 10(1) of the Special Areas Act, notwithstanding anything in section 10 of that Act, (a) an agreement providing for a guarantee described in paragraph 10(1)(a) of that Act may be entered into only if, in the opinion of the Minister, the approved capital costs of the undertaking would exceed (i) $75,000 for each job that the Minister estimates would be created directly in the undertaking, or (ii) $30,000,000; and (b) no agreement providing for a payment described in paragraph 10(1)(b) or (c) of that Act may be entered into in respect of the undertaking. R.S., 1970, c. R-3, s. 14; 1980-81-82-83, c. 167, s. 34. Regulations Regulations 15 The Governor in Council may make regulations (a) defining for the purposes of this Act the expressions “manufacturing or processing operation”, “initial processing operation”, “resource-based industry” and “commercial operation”; Current to June 20, 2022 Regional Development Incentives Regulations Section 15 (b) prescribing, for any designated region or for any class of manufacturing or processing operation, an amount less than the maximum amount of a development incentive provided for by this Act, which lesser amount shall, in relation to that region or any manufacturing or processing operation of that class, be deemed to be the maximum amount provided for by this Act; (b.1) prescribing any one or more development incentives that may not be authorized by the Minister in respect of facilities within a designated region or regions prescribed for the purposes of this paragraph; (c) prescribing classes of fixed assets the value of which may be included in the capital to be employed in the operation or in the total capital costs of a facility or commercial facility; (d) respecting the determination of (i) the working capital required for the purposes of any class of operation, and (ii) the capitalized expenses incurred in bringing a new facility or commercial facility into commercial production or operation or in bringing an expanded or modernized facility into commercial production; (e) for determining whether a product is a product not previously manufactured or processed in an operation; (f) respecting the determination of the amount or present value of any federal, provincial or municipal assistance given or to be given in respect of a facility or commercial facility; (f.1) prescribing terms and conditions on which a guarantee by Her Majesty in right of Canada may be authorized pursuant to section 13.1, including terms and conditions relating to the payment to Her Majesty by any lender of a guarantee fee; (f.2) prescribing the maximum proportion of any loan the repayment of which and the payment of interest on which may be guaranteed pursuant to section 13.1; (f.3) prescribing the nature and extent of the insurance to be maintained in force on any facility in respect of which a development incentive is authorized or on any facility or commercial facility in respect of which a loan guarantee is authorized under this Act and the times at which evidence of such insurance shall be provided to the Minister; Current to June 20, 2022 Regional Development Incentives Regulations Sections 15-16 (g) respecting the determination of any matter that under this Act is to be determined by the Minister; (h) respecting any other matter or thing that under this Act is to be prescribed by the regulations; and (i) generally for carrying into effect the purposes and provisions of this Act. R.S., 1970, c. R-3, s. 15; R.S., 1970, c. 25(2nd Supp.), s. 8. Regional Development Incentives Board Board to be established 15.1 The Minister shall establish a Board to advise him with regard to the administration of this Act. R.S., 1970, c. 25(2nd Supp.), s. 9. Report to Parliament 16 The Minister shall, within forty days after the 6th day of August 1969 and monthly thereafter, or, if Parliament is not then sitting, on any of the first five days thereafter that Parliament is sitting, submit to Parliament a report respecting the administration of this Act. 1968-69, c. 56, s. 16. Current to June 20, 2022

CONSOLIDATION Roosevelt Campobello International Park Commission Act S.C. 1964-65, c. 19 Current to June 20, 2022 Last amended on June 15, 2012 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (2) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. Inconsistencies in Acts (2) In the event of an inconsistency between a consolidated statute published by the Minister under this Act and the original statute or a subsequent amendment as certified by the Clerk of the Parliaments under the Publication of Statutes Act, the original statute or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. The last amendments came into force on June 15, 2012. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 Last amended on June 15, 2012 TABLE OF PROVISIONS An Act respecting the Commission established to administer the Roosevelt Campobello International Park Short Title 1 Short title Interpretation 2 Definitions Powers and Exemptions of the Commission 3 Powers of Commission Property of Commission exempt from attachment, etc. Commission exempt from customs or excise duties Commission charitable organization Appointment of Alternate Members 6.1 Governor in council appointment Report to Parliament 7 Report to Parliament Coming into Force *8 Coming into force SCHEDULE Agreement Between the Government of Canada and the Government of the United States of America Relating to the Establishment of the Roosevelt Campobello International Park Current to June 20, 2022 Last amended on June 15, 2012 ii S.C. 1964-65, c. 19 An Act respecting the Commission established to administer the Roosevelt Campobello International Park [Assented to 30th June 1964] Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: Short Title Short title 1 This Act may be cited as the Roosevelt Campobello International Park Commission Act. Interpretation Definitions 2 In this Act, (a) Agreement means the Agreement between the Government of the United States of America and the Government of Canada relating to the establishment of the Roosevelt Campobello International Park Commission set out in the Schedule hereto; (Accord) (b) Commission means the Roosevelt Campobello International Park Commission established pursuant to the Agreement; (Commission) (c) Minister means the Minister of Foreign Affairs; and (Ministre) (d) Park means the Roosevelt Campobello International Park at Campobello, New Brunswick. (parc) 1995, c. 5, s. 25. Current to June 20, 2022 Last amended on June 15, 2012 Roosevelt Campobello International Park Powers and Exemptions of the Commission Sections 3-7 Powers and Exemptions of the Commission Powers of Commission 3 The Commission has in Canada the legal powers and capacities of a body corporate, including those set out in section 30 of the Interpretation Act. Property of Commission exempt from attachment, etc. 4 All property of the Commission in Canada is exempt from attachment, seizure or execution under any writ or order of any court, or of a judge of any court, established by Parliament. Commission exempt from customs or excise duties 5 No duty or tax payable under any Act of Parliament relating to customs or excise is payable on any property imported into Canada by the Commission for use in connection with the Park. Commission charitable organization 6 The Commission shall be deemed to be a charitable organization in Canada (a) as described in paragraph (e) of subsection (1) of section 62 of the Income Tax Act, for the purposes of that Act; and (b) as described in subparagraph (i) of paragraph (d) of subsection (1) of section 7 of the Estate Tax Act, for the purposes of that Act. Appointment of Alternate Members Governor in council appointment 6.1 The Governor in Council shall appoint no more than two of the alternate members to the Commission. 2010, c. 12, s. 1765. Report to Parliament Report to Parliament 7 The Commission shall, within three months after the termination of each year, submit to the Minister a report of the affairs of the Commission for that year, including the financial statement of the Commission and the report Current to June 20, 2022 Last amended on June 15, 2012 Roosevelt Campobello International Park Report to Parliament Sections 7-8 of its auditors thereon, and the Minister shall cause the report to be laid before Parliament within fifteen days after the receipt thereof or, if Parliament is not then sitting, on any of the first fifteen days next thereafter that Parliament is sitting. Coming into Force Coming into force 8 This Act shall come into force on a day to be fixed by proclamation of the Governor in Council. * * [Note: Act in force August 14, 1964, see SOR/64-338.] Current to June 20, 2022 Last amended on June 15, 2012 Roosevelt Campobello International Park SCHEDULE Agreement Between the Government of Canada and the Government of the United States of America Relating to the Establishment of the Roosevelt Campobello International Park SCHEDULE Agreement Between the Government of Canada and the Government of the United States of America Relating to the Establishment of the Roosevelt Campobello International Park The Governments of Canada and the United States of America Noting the generous offer by the Hammer family of the summer home of President Franklin Delano Roosevelt on Campobello Island, New Brunswick, Canada, with the intention that it be opened to the general public as a memorial to President Roosevelt, and the acceptance in principle of this offer by Prime Minister Lester B. Pearson and President John F. Kennedy at Hyannis Port in May 1963; and Recognizing the many intimate associations of President Roosevelt with the summer home on Campobello Island; and Desiring to take advantage of this unique opportunity to symbolize the close and neighbourly relations between the peoples of Canada and the United States of America by the utilization of the gift to establish a Canadian-United States memorial park; Agree as follows: Article 1 There shall be established a joint Canadian-United States commission, to be called the “Roosevelt Campobello International Park Commission”, which shall have as its functions: (a) to accept title from the Hammer family to the former Roosevelt estate comprising the Roosevelt home and other grounds on Campobello Island; (b) to take the necessary measures to restore the Roosevelt home as closely as possible to its condition when it was occupied by President Roosevelt; (c) to administer as a memorial the “Roosevelt Campobello International Park” comprising the Roosevelt estate and such other lands as may be acquired. Current to June 20, 2022 Last amended on June 15, 2012 Roosevelt Campobello International Park SCHEDULE Agreement Between the Government of Canada and the Government of the United States of America Relating to the Establishment of the Roosevelt Campobello International Park Article 2 The Commission shall have juridical personality and all powers and capacity necessary or appropriate for the purpose of performing its functions under this Agreement including, but not by way of limitation, the following powers and capacity: (a) to acquire and dispose of personal and real property, excepting the power to dispose of the Roosevelt home and the tract of land on which it is located; (b) to enter into contracts; (c) to sue or be sued in either Canada or the United States; (d) to appoint a staff, including an Executive Secretary who shall act as secretary at meetings of the Commission, and to fix the terms and conditions of their employment and remuneration; (e) to delegate to the Executive Secretary or other officials such authority respecting the employment and direction of staff and the other responsibilities of the Commission as it deems desirable and appropriate; (f) to adopt such rules of procedure as it deems desirable to enable it to perform the functions set forth in this Agreement; (g) to charge admission fees for entrance to the Park should the Commission consider such fees desirable; however, such fees shall be set at a level which will make the facilities readily available to visitors; (h) to grant concessions if deemed desirable; (i) to accept donations, bequests or devises intended for furthering the functions of the Commission and to use such donations, bequests or devises as may be provided in the terms thereof. Article 3 The Commission shall consist of six members, of whom three shall be appointed by the Government of Canada and three appointed by the Government of the United States. One of the Canadian members shall be nominated by the Government of New Brunswick and one of the United States members shall be nominated by the Government of Maine. Alternates may be appointed for each member of the Commission in the same manner as the members. The Commission shall elect a chairman and a vice-chairman from among its members, each of whom shall hold office for a term of two years, in such a manner that members of the same nationality shall never simultaneously serve as chairman and vice-chairman. The chairmanship shall alternate between members of Canadian nationality and United States nationality every two years. A quorum shall consist of at least four members of the Commission or their alternates, including always two from Canada and two from the United States. The affirmative vote of at least two Canadian and two United States members or their respective alternates shall be required for any decision to be taken by the Commission. Current to June 20, 2022 Last amended on June 15, 2012 Roosevelt Campobello International Park SCHEDULE Agreement Between the Government of Canada and the Government of the United States of America Relating to the Establishment of the Roosevelt Campobello International Park Article 4 The Commission may employ both Canadian and United States citizens. Their employment shall be subject to the relevant Canadian labour and other laws, and the Government of Canada agrees to take such measures as may be necessary to permit United States citizens to accept employment with the Commission on a similar basis to Canadian citizens. Article 5 The Commission shall maintain insurance in reasonable amounts, including, but not limited to, liability and property insurance. Article 6 The Commission shall hold at least one meeting every calendar year and shall submit an annual report to the Canadian and United States Governments on or before March 31 of each year, including a general statement of the operations for the previous year and an audited statement of the financial operations of the Commission. The Commission shall permit inspection of its records by the accounting agencies of both Governments. Article 7 All property belonging to the Commission shall be exempt from attachment, execution, or other processes for satisfaction of claims, debts or judgments. Article 8 The Commission shall not be subject to Federal, State, Provincial or local taxation in Canada or the United States on any real or personal property held by it or on any gift, bequest or devise to it of any personal or real property, or on its income, whether from Governmental appropriations, admission fees, concessions or donations. All personal property imported or introduced into Canada by the Commission for use in connection with the Park shall be free from customs duties. Further consideration shall be given to granting exemption from other taxes the imposition of which would be inconsistent with the functioning of the Commission. Article 9 Arrangements may be made with the competent agencies of Canada and the United States for rendering, without reimbursement, such services as the Commission may request for the orderly development, maintenance and operation of the Park. Current to June 20, 2022 Last amended on June 15, 2012 Roosevelt Campobello International Park SCHEDULE Agreement Between the Government of Canada and the Government of the United States of America Relating to the Establishment of the Roosevelt Campobello International Park Article 10 The Commission shall take appropriate measures to emphasize the international nature of the Park. Article 11 1 The Governments of Canada and the United States shall share equally the costs of developing the Roosevelt Campobello International Park and the annual cost of operating and maintaining the Park. 2 Any revenues derived from admission fees or concession operations of the Commission shall be transmitted in equal shares to the two Governments within 60 days of the end of the Commission’s fiscal year. Other funds received by the Commission may be used to further the purposes of the Commission, in accordance with the provisions of this Agreement. 3 The Commission shall submit annually to the Canadian and United States Governments a budget covering total anticipated expenditures to be financed from all sources, and shall conduct its operations in accordance with the budget as approved by the two Governments. 4 The Commissioners shall receive no remuneration from the Commission; however, they may be paid reasonable per diem and travel expenses by the Commission. Article 12 This Agreement requires implementation by legislation in each country; it shall come into effect after the enactment of such legislation on a date to be fixed by an exchange of notes between the two Governments. Done in duplicate at Washington, this 22nd day of January, 1964. FOR THE GOVERNMENT OF CANADA: (Sgd.) Lester B. Pearson FOR THE GOVERNMENT OF THE UNITED STATES OF AMERICA: (Sgd.) Lyndon B. Johnson 1/22/64 Washington, D.C. Current to June 20, 2022 Last amended on June 15, 2012

CONSOLIDATION Railway Belt Water Act R.S.C. 1927, c. 211 Current to June 20, 2022 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (2) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. Inconsistencies in Acts (2) In the event of an inconsistency between a consolidated statute published by the Minister under this Act and the original statute or a subsequent amendment as certified by the Clerk of the Parliaments under the Publication of Statutes Act, the original statute or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 TABLE OF PROVISIONS An Act respecting the Water in the Railway Belt and Peace River Block of Land Short Title 1 Short title Interpretation 2 Definitions Confirmation to Crown of ownership of all waters Exclusive rights not vested in grantee. Except waters for domestic purposes Licenses, contracts, etc. made by Dominion authority to be valid Application of B.C. legislation Power to repeal section 5 Rights of Crown preserved Order, etc. to be approved by Minister Validation of administration under B.C. Water Acts Protection of Dominion interests by the Minister Current to June 20, 2022 ii R.S.C. 1927, c. 211 An Act respecting the Water in the Railway Belt and Peace River Block of Land Short Title Short title 1 This Act may be cited as the Railway Belt Water Act. 1912, c. 47, s. 1. Interpretation Definitions 2 In this Act, unless the context otherwise requires, (a) Board means the tribunal constituted under the Water Acts, and therein described as the “Board of Investigation”; (b) domestic purposes means and includes household, sanitary and fire protection purposes and the purpose of watering live stock; (c) Minister means the Minister of the Interior; (d) Railway Belt means the lands on the mainland of British Columbia granted to the Crown in the right of Canada by chapter 14 of the statutes of British Columbia 1884 for the purpose of constructing and to aid in the construction of the Canadian Pacific Railway, excepting thereout and therefrom all reserves or areas that are or may be set apart and designated as Dominion Parks; (e) riparian proprietor means a person lawfully occupying lands adjoining and bordering upon any watercourse within the Railway Belt; (f) Water Acts means and includes the Water Act of British Columbia, chapter two hundred and seventyone of the Revised Statutes of British Columbia 1924, Current to June 20, 2022 Railway Belt Water Interpretation Sections 2-5 the Act in amendment thereof enacted the nineteenth day of December, one thousand nine hundred and twenty-five, being chapter sixty-one of the statutes of British Columbia 1925, and any Act passed by the legislature of the province of British Columbia which, under the provisions of section six of this Act, is made to apply to the water in the Railway Belt; (g) watercourse includes all natural watercourses or sources of water supply, whether usually containing water or not, and all steams, rivers, lakes, creeks, springs, ravines and gulches, and all water-power. 1912, c. 47, s. 2; 1913, c. 45, ss. 2, 3, 1926, c. 15, s. 2. Confirmation to Crown of ownership of all waters 3 The property in and the right to the use of all the water at any time in any watercourse within the Railway Belt shall, for all purposes, be deemed to be vested in the crown, unless and until and except only so far as some private right therein or in the use thereof inconsistent with the right of the Crown has been or may be lawfully established. 1913, c. 45, s. 3. Exclusive rights not vested in grantee. Except waters for domestic purposes 4 No grant made after the sixth day of June, one thousand nine hundred and thirteen, by the Crown of lands in the Railway Belt, or of any interest therein, shall vest in the grantee any exclusive or other right, title or privilege in, to or in respect of any watercourse, or in, to or in respect of the bed or shores of any watercourse, unless and except in so far as any right, title or privilege to the bed or shores of any watercourse is expressly set out and described in such grant, saving the right of every riparian proprietor to the use of water for domestic purposes. 1913, c. 45, s. 4. Licenses, contracts, etc. made by Dominion authority to be valid 5 (1) All records, grants, licenses, orders in council, or contracts of, for or affecting the use of water within the Railway Belt, granted on or before the sixth day of June, one thousand nine hundred and thirteen, or made by or on behalf of the Government of Canada or the Minister, shall, notwithstanding anything in this Act, be and be deemed to be valid and effective and shall be given effect to. Current to June 20, 2022 Railway Belt Water Interpretation Section 5 Administration under B.C. Water Acts (2) Subject to the property in and the rights to the use of water referred to in subsection one hereof, (a) all water without distinction within the Railway Belt shall, during the pleasure of the Governor in Council, for the purposes of administration be under the control of the authorities of the province of British Columbia and be administered under and in accordance with the Water Acts, as if the said Acts were enacted by the Parliament of Canada subject to the provisions of this Act, and the officers and authorities having powers and duties to exercise and perform under the provisions of the Water Acts shall have the like powers and authority with respect to or in connection with the administration of the said water, and Licenses, contracts, etc., made by provincial or local authority to be valid (b) all records, grants, licenses, orders in council, claims or contracts of, for or affecting the use of water within the Railway Belt granted on or before the sixth day of June, one thousand nine hundred and thirteen, or purporting or bona fide claimed to have been granted, by any provincial or local authority and all applications to any such authority for records, grants, licences, orders in council, claims or contracts of, for or affecting the use of water within the Railway Belt made or pending on or before the sixth day of June, one thousand nine hundred and thirteen, shall be deemed to be valid and effective to the same extent for the like purposes, and subject in the like manner to the jurisdiction of the Board, and shall be subject to all the obligations and limitations imposed by the Water Acts, as if made, issued, authorized, claimed or pending with respect to water in British Columbia not within the Railway Belt. As to pending claims (3) All applications or claims for the use of water within the Railway Belt made on or before the sixth day of June, one thousand nine hundred and thirteen, to the Government of Canada or the Minister, shall be deemed to be valid and effective and shall be subject to the jurisdiction of the Board and given effect to under the provisions of the Water Acts to the same extent and for the like purposes as if such applications or claims had been made or were pending by, to or before the competent provincial or local authority under the provisions of the Water Acts with respect to the water in British Columbia not within the Railway Belt. Current to June 20, 2022 Railway Belt Water Interpretation Sections 5-7 As to Indian Reserves (4) All waters for irrigation allotted to Indians or Indian Reserves, whether allotted by the Indian Reserve Commissioners or recorded in Dominion or Provincial Government offices, and all applications to any provincial or local authority for the use of water within the Railway Belt in the interest if Indians or Indian reserves, shall be deemed to be valid and effective and subject to the jurisdiction of the Board and given effect to under the provisions of the Water Acts as if made, issued, authorized or pending by, to or before the competent provincial or local authority under the provisions of the Water Acts with respect to water in British Columbia not within the Railway Belt. 1913, c. 45, s. 4; 1926, c. 15, s. 3. Application of B.C. legislation 6 (1) The Governor in Council may direct that any Act, or portion thereof, passed by the legislature of the province of British Columbia after the third day of March, one thousand nine hundred and thirteen, relating to water in the province not within the Railway Belt shall apply to the water in the Railway Belt as if such Act were enacted by the Parliament of Canada. Commencement and publication of orders in council (2) Every order in council passed under the authority of this section shall be deemed to relate back to and to take effect from the date of the coming into operation of the Act, or the portion of an Act, the application of which to the water in the Railway Belt is directed by the order in council. Publication (3) Every such order in council shall be published for four consecutive weeks in the Canada Gazette, and shall be laid before both Houses of Parliament within the first fifteen days of the session next after the date thereof. 1913, c. 45, s. 4; 1926, c. 15, s. 4. Power to repeal section 5 7 The Governor in Council may, at any time, repeal the provisions of section five of this Act, by proclamation to be published in the Canada Gazette, and upon the repeal of the said section, the water shall be administered under regulations to be made by the Governor in Council. 1912, c. 47, s. 7. Current to June 20, 2022 Railway Belt Water Interpretation Sections 8-10 Rights of Crown preserved 8 Nothing in this Act shall be construed as conferring any interest in or authority or control over any lands belonging to the Crown in the right of Canada. 1912, c. 47, s. 9. Order, etc. to be approved by Minister 9 (1) Any order, permit, license or certificate made under the authority of the Water Acts authorizing the construction and maintenance of any works upon or the use or occupation of any such lands shall be valid and effective to authorize such construction, maintenance, use or occupation if approved by the Minister, and subject to such terms and conditions as the Minister may prescribe. Otherwise not effective (2) Any such order, permit, license or certificate shall be of no effect until so approved. Indian reserves (3) Any order, permit, license or certificate made under the authority of the Water Acts authorizing the construction and maintenance of any works upon or the use or occupation of any Indian reserves or Indian lands shall be valid and effective to authorize such construction, maintenance, use or occupation if approved by the Superintendent General of Indian Affairs and subject to such terms and conditions as the said Superintendent General may prescribe, and any such order, permit, license or certificate shall be of no effect until so approved. Right of reclamation reserved (4) Nothing in this Act shall be construed as limiting or preventing the reclamation, under the authority of the Minister, of any lands. 1913, c. 45, s. 6. Validation of administration under B.C. Water Acts 10 All licenses, orders, authorizations, and certificates issued, all acts done and all proceedings taken before the fifteenth day of June, one thousand nine hundred and twenty-six for the purpose of administration of any water within the Railway Belt, by the Board or by an officer or authority having powers and duties to exercise and perform under the provisions of the Acts of the province of British Columbia from time to time in force with respect to water in British Columbia, and all applications made before the fifteenth day of June, one thousand nine hundred and twenty-six, to the Board or to any such officer or authority with respect to the acquisition or use of water within the Railway Belt and pending on the said date Current to June 20, 2022 Railway Belt Water Interpretation Sections 10-12 shall be deemed to be valid and effective to the same extent for the like purposes, and subject in the like manner to the jurisdiction of the Board and to all the obligations and limitations imposed by the Water Acts, as if issued, done, taken, or made with respect to water in British Columbia not within the Railway Belt. 1926, c. 15, s. 5. Protection of Dominion interests by the Minister 11 The Comptroller of Water Rights shall supply the Minister with certified copies of all applications, notices, permits, certificates, licenses, protests hereinafter mentioned or other documents received or issued under the provisions of the Water Acts affecting lands or waters in the Railway Belt, within one month of the date of the receipt or issue of the same; and no water privilege, license or right to the use of water within the Railway Belt granted under the authority of the Water Acts, in connection with which a protest has been made in writing to the Comptroller of Water Rights, within three months from the date of the posting and filing of the notice of application, by any homesteader, lessee or other lawful occupier of lands of the Crown belonging to Canada or by any administrative officer of the Dominion, shall be valid and effective unless and until the same shall have been approved by the Minister, subject to such terms and conditions as the Minister may prescribe. 1926, c. 15, s. 5. 12 [Repealed, 1928, c. 6, s. 3] Current to June 20, 2022 Railway Belt Water RELATED PROVISIONS RELATED PROVISIONS — 1928, c. 6, s. 2 Commencement of section 11 2 Section eleven of the Railway Belt Water Act, chapter two hundred and eleven of the Revised Statutes, 1927, is suspended, and shall not hereafter be deemed to be in force until a day to be named by proclamation of the Governor in Council. — 1928, c. 44, s. 1 Certain Orders in Council and Regulations declared to be valid 1 Orders in Council or Regulations heretofore made by the Governor in Council under authority of The Railway Belt Water Act, chapter forty-seven of the statutes of 1912; The Dominion Forest Reserves and Parks Act, chapter ten of the statutes of 1911; The Dominion Lands Act, chapter twenty of the statutes of 1908; the Rocky Mountains Park Act, chapter sixty of the Revised Statutes of Canada, 1906, or the Yukon Act, chapter sixty-three of the Revised Statutes of Canada, 1906, are hereby declared to have the same force and effect as if they had been approved by both Houses of Parliament as required by said Acts respectively. Current to June 20, 2022

CONSOLIDATION Royal Canadian Mint Act R.S.C., 1985, c. R-9 Current to June 20, 2022 Last amended on December 15, 2016 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (2) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. Inconsistencies in Acts (2) In the event of an inconsistency between a consolidated statute published by the Minister under this Act and the original statute or a subsequent amendment as certified by the Clerk of the Parliaments under the Publication of Statutes Act, the original statute or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. The last amendments came into force on December 15, 2016. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 Last amended on December 15, 2016 TABLE OF PROVISIONS An Act respecting the Royal Canadian Mint Short Title 1 Short title Interpretation 2 Definitions Designation of Minister 2.1 Power of Governor in Council Incorporation, Objects and Head Office 3 Incorporation Capital 3.1 Authorized capital 3.2 Redemption of shares Powers 4 Powers Agent of Her Majesty Non-circulation Coins 6 Issue of coins 6.1 Amendment to Part 1 of the schedule 6.2 Characteristics 6.3 Design 6.31 $350 non-circulation coins Circulation Coins 6.4 Issue of coins 6.5 Design 6.6 Amendment to Part 2 of the schedule Current to June 20, 2022 Last amended on December 15, 2016 ii Royal Canadian Mint TABLE OF PROVISIONS Coins of Canada 7 Coins to be delivered to Minister of Finance Master and Board of Directors 8 Board of Directors Chairperson Appointment of Master of the Mint Appointment of directors Re-appointment of director Temporary substitute director Vacancy on Board Salary and benefits Staff of the Mint 17 Officers and employees Master, officers and employees not part of federal public administration By-laws 19 By-laws Financial 20 Borrowing power Auditor SCHEDULE Current to June 20, 2022 Last amended on December 15, 2016 iv R.S.C., 1985, c. R-9 An Act respecting the Royal Canadian Mint Short Title Short title 1 This Act may be cited as the Royal Canadian Mint Act. R.S., c. R-8, s. 1. Interpretation Definitions 2 In this Act, base metal means any metal other than precious metal; (métal commun) base metal coin [Repealed, 1999, c. 4, s. 1] Board means the Board of Directors of the Mint appointed under this Act; (conseil) circulation coin means a coin composed of base metal that is listed in Part 2 of the schedule and that is put into circulation in Canada for use in day-to-day transactions; (monnaie de circulation) Master means the Master of the Mint; (président) Minister [Repealed, 2005, c. 38, s. 129] Mint means the Royal Canadian Mint established by this Act; (Monnaie) non-circulation coin means a coin composed of base metal, precious metal or any combination of those metals that is not intended for circulation and that is listed in Part 1 of the schedule; (monnaie hors circulation) precious metal means gold, silver, platinum or any of the platinum group of metals. (métal précieux) Current to June 20, 2022 Last amended on December 15, 2016 Royal Canadian Mint Interpretation Sections 2-3.1 precious metal coin [Repealed, 1999, c. 4, s. 1] R.S., 1985, c. R-9, s. 2; R.S., 1985, c. 35 (3rd Supp.), s. 1; 1996, c. 16, s. 60; 1999, c. 4, s. 1; 2005, c. 38, s. 129. Designation of Minister Power of Governor in Council 2.1 The Governor in Council may designate a member of the Queen’s Privy Council for Canada to be the Minister for the purposes of this Act. 2005, c. 38, s. 130. Incorporation, Objects and Head Office Incorporation 3 (1) The Master of the Mint and such other persons as constitute the Board of Directors of the Mint are hereby incorporated as a body corporate under the name of the Royal Canadian Mint. Objects (2) The objects of the Mint are to mint coins in anticipation of profit and to carry out other related activities. (2.1) [Repealed, 2016, c. 12, s. 117] Head office (3) The head office of the Mint shall be in the National Capital Region as described in the schedule to the National Capital Act. R.S., 1985, c. R-9, s. 3; R.S., 1985, c. 35 (3rd Supp.), s. 2; 2014, c. 39, s. 185; 2016, c. 12, s. 117. Capital Authorized capital 3.1 (1) The authorized capital of the Mint is forty million dollars, divided into four thousand shares of ten thousand dollars each. Purchase of shares (2) The Governor in Council may, by order, approve the purchase by the Minister of shares of the Mint and the payment therefor out of the Consolidated Revenue Fund. Shares (3) The shares of the Mint are not transferable and when issued to the Minister in accordance with this Act shall be Current to June 20, 2022 Last amended on December 15, 2016 Royal Canadian Mint Capital Sections 3.1-4 registered in the books of the Mint in the name of the Minister and held by the Minister in trust for Her Majesty in right of Canada. Limitation (4) No shares of the Mint may be issued otherwise than as expressly authorized by this Act. R.S., 1985, c. 35 (3rd Supp.), s. 2. Redemption of shares 3.2 (1) The Mint shall, at the request of the Minister after consultation with the Board, redeem such number of shares issued to the Minister in accordance with this Act as the Minister may direct. Redemption price (2) The price to be paid for each share redeemed by the Mint pursuant to subsection (1) is the issue price of the share. R.S., 1985, c. 35 (3rd Supp.), s. 2. Powers Powers 4 (1) In carrying out its objects, the Mint has the rights, powers and privileges and the capacity of a natural person and may if necessary (a) procure the incorporation, dissolution or amalgamation of subsidiaries and acquire or dispose of any shares in them; (b) acquire and dispose of any interest in any entity by any means; (c) produce and arrange for the production and supply of coins of the currency of Canada; (d) produce and arrange for the production of coins of the currency of countries other than Canada; (e) make medals, plaques, tokens and other objects; (f) melt, assay and refine gold, silver and other metals; (g) lease or acquire gold, silver and other metals; (h) lend, lease or dispose of gold, silver and other metals; (i) issue, promote, deal in or trade in financial services and products relating to gold, silver and other metals, subject to the approval of the Minister and in a manner consistent with the Mint’s last corporate plan as Current to June 20, 2022 Last amended on December 15, 2016 Royal Canadian Mint Powers Section 4 approved under section 122 of the Financial Administration Act; (j) securely store and securely ship coins, gold, silver and other metals or arrange for their secure storage and shipment; (k) market minting equipment developed by, or on behalf of, the Mint; (l) acquire or provide consulting services relating to any activity referred to in paragraphs (c) to (k); (m) obtain, acquire, license, sell, or otherwise make available or dispose of any patent, copyright, industrial design, trademark or other similar property right, or any licence to any of them, relating to any activity referred to in paragraphs (c) to (k); (n) engage in marketing, promotion and research and in development activities relating to any activity referred to in paragraphs (c) to (k); (o) do any of the activities referred to in paragraphs (d) to (f) and (j) on behalf of any person or entity; and (p) subject to the approval of the Minister and in a manner consistent with the Mint’s last corporate plan as approved under section 122 of the Financial Administration Act, engage in any other activity. Additional powers (2) In addition to the powers under section 21 of the Interpretation Act, the Mint may (a) acquire, hold and alienate real property or any interest therein; and (b) make grants in lieu of taxes to any municipality in Canada in amounts not exceeding the taxes that might be levied by that municipality in respect of real property under the administration and control of the Mint if the Mint were not an agent of Her Majesty. R.S., 1985, c. R-9, s. 4; R.S., 1985, c. 35 (3rd Supp.), s. 3; 1999, c. 4, s. 2; 2016, c. 12, s. 118. Current to June 20, 2022 Last amended on December 15, 2016 Royal Canadian Mint Powers Sections 5-6.4 Agent of Her Majesty 5 The Mint is for all its purposes an agent of Her Majesty in right of Canada. R.S., c. R-8, s. 5; 1984, c. 31, s. 14. 5.1 to 5.3 [Repealed, 1999, c. 4, s. 3] Non-circulation Coins Issue of coins 6 The Governor in Council may authorize the issue of non-circulation coins of a denomination listed in Part 1 of the schedule. R.S., 1985, c. R-9, s. 6; R.S., 1985, c. 35 (3rd Supp.), s. 5; 1999, c. 4, s. 3. Amendment to Part 1 of the schedule 6.1 The Governor in Council may, by order, amend Part 1 of the schedule by adding or deleting a denomination of a non-circulation coin. 1999, c. 4, s. 3. Characteristics 6.2 The Mint may determine the characteristics, other than the design, of any denomination of a non-circulation coin. 1999, c. 4, s. 3. Design 6.3 The Minister may determine the design of any denomination of a non-circulation coin. 1999, c. 4, s. 3. $350 non-circulation coins 6.31 Non-circulation coins of the currency of Canada in the denomination of $350 that are dated 1999, 2000, 2001, 2002, 2003, 2004, 2005 or 2006 are current and legal tender in Canada as of the year that they are dated. 2016, c. 12, s. 119. Circulation Coins Issue of coins 6.4 (1) The Governor in Council may, by order, authorize the issue of circulation coins of a denomination listed in Part 2 of the schedule. Characteristics (2) The order must specify the characteristics for that issue of coin. 1999, c. 4, s. 3. Current to June 20, 2022 Last amended on December 15, 2016 Royal Canadian Mint Circulation Coins Sections 6.5-9 Design 6.5 The Governor in Council may determine the design of any circulation coin to be issued. 1999, c. 4, s. 3. Amendment to Part 2 of the schedule 6.6 The Governor in Council may, by order, amend Part 2 of the schedule by amending any characteristic of a circulation coin. 1999, c. 4, s. 3. Coins of Canada Coins to be delivered to Minister of Finance 7 (1) All coins of the currency of Canada that are produced at or supplied by the Mint shall be delivered to the Minister of Finance or such person as the Minister of Finance may designate. Storage, preparation and movement of coins (2) The Mint shall comply with such instructions as the Minister of Finance may give respecting the storage of coins of the currency of Canada or the preparation and movement of shipments of such coins to or from the Mint. Payments to Mint to be made from C.R.F. (3) Payments for the production, storage, preparation or movement of coins of the currency of Canada shall be made out of the Consolidated Revenue Fund on the authorization of the Minister of Finance. (4) [Repealed, 1999, c. 4, s. 4] (5) [Repealed, R.S., 1985, c. 35 (3rd Supp.), s. 6] R.S., 1985, c. R-9, s. 7; R.S., 1985, c. 35 (3rd Supp.), s. 6; 1999, c. 4, s. 4. Master and Board of Directors Board of Directors 8 The Board of Directors of the Mint shall consist of not less than nine and not more than eleven directors, including the Chairperson and the Master. R.S., 1985, c. R-9, s. 8; R.S., 1985, c. 35 (3rd Supp.), s. 7; 1999, c. 4, s. 5. Chairperson 9 The Chairperson shall be appointed by the Governor in Council to hold office during pleasure for any term that the Governor in Council considers appropriate. R.S., 1985, c. R-9, s. 9; R.S., 1985, c. 35 (3rd Supp.), s. 7; 1999, c. 4, s. 6(E). Current to June 20, 2022 Last amended on December 15, 2016 Royal Canadian Mint Master and Board of Directors Sections 10-12 Appointment of Master of the Mint 10 (1) The Master shall be appointed by the Governor in Council to hold office during pleasure for such term as the Governor in Council considers appropriate. (2) [Repealed, R.S., 1985, c. 35 (3rd Supp.), s. 8] Master (3) The Master is the chief executive officer of the Mint and shall devote the whole of his time to the business of the Mint. Acting Master (4) The Board may authorize one of its directors or an officer of the Mint to act as Master in the event that the Master is absent or incapacitated or if the office of Master is vacant but no person so authorized shall act as Master for a period exceeding sixty days without the approval of the Governor in Council. R.S., 1985, c. R-9, s. 10; R.S., 1985, c. 35 (3rd Supp.), s. 8. Appointment of directors 11 Each director, other than the Chairperson and the Master of the Mint, shall be appointed by the Minister, with the approval of the Governor in Council, to hold office during pleasure for a term not exceeding four years that will ensure, as far as possible, the expiration in any one year of the terms of office of not more than one half of the directors. R.S., 1985, c. R-9, s. 11; R.S., 1985, c. 35 (3rd Supp.), s. 9; 2006, c. 9, s. 298. 12 (1) [Repealed, 2016, c. 12, s. 120] Outside interests (2) A person is not eligible to be appointed or to continue as a director of the Mint if the person is not a Canadian citizen ordinarily resident in Canada or if, directly or indirectly, the person is engaged in any undertaking involving or associated with (a) the production or distribution of copper, copper alloy, nickel or precious metals; (b) the purchase, production, distribution or sale of coins or coin operated devices; or (c) the vending of goods and services by means of coin operated devices. Disposing of interest (3) Where any interest prohibited by subsection (2) vests in a director by will or succession for his own benefit, the Current to June 20, 2022 Last amended on December 15, 2016 Royal Canadian Mint Master and Board of Directors Sections 12-17 director shall, within three months thereafter, absolutely dispose of the interest. R.S., 1985, c. R-9, s. 12; R.S., 1985, c. 35 (3rd Supp.), s. 10; 2016, c. 12, s. 120. Re-appointment of director 13 A director on the expiration of his term of office is eligible for re-appointment to the Board in the same or another capacity. R.S., c. R-8, s. 13. Temporary substitute director 14 The Governor in Council may, on such terms and conditions as the Governor in Council may prescribe, appoint a temporary substitute director if a director, other than the Master, is unable at any time to perform the duties of office by reason of absence or incapacity. R.S., 1985, c. R-9, s. 14; R.S., 1985, c. 35 (3rd Supp.), s. 11(F). Vacancy on Board 15 Where the office of a director becomes vacant during the term of the director appointed thereto, the Governor in Council may appoint a director for the remainder of that term. R.S., c. R-8, s. 13. Salary and benefits 16 (1) The directors shall be paid such salary as is fixed by the Governor in Council and shall receive such benefits as are fixed by the Board. Expenses (2) Each director is entitled to be paid by the Mint such travel and other expenses incurred by the director while absent from his ordinary place of residence in the course of his duties under this Act as may be fixed by by-law of the Mint. R.S., 1985, c. R-9, s. 16; R.S., 1985, c. 35 (3rd Supp.), s. 12. Staff of the Mint Officers and employees 17 (1) The Mint may appoint such officers, agents and employees as are necessary for the proper conduct of the work of the Mint. Remuneration (2) The remuneration of officers, agents and employees of the Mint shall be a charge against the revenues of the Mint. R.S., c. R-8, s. 15. Current to June 20, 2022 Last amended on December 15, 2016 Royal Canadian Mint Staff of the Mint Sections 18-19 Master, officers and employees not part of federal public administration 18 (1) The Master, officers and employees of the Mint are not part of the federal public administration but shall be deemed to be employed in the federal public administration for the purposes of the Government Employees Compensation Act and any regulations made pursuant to section 9 of the Aeronautics Act. Master and employees deemed employed in public service (2) The Master, officers and employees of the Mint shall be deemed to be employed in the public service for the purposes of the Public Service Superannuation Act, and the Mint shall be deemed to be a Public Service corporation for the purposes of that Act. Contracting powers not limited by collective agreements (3) No collective agreement entered into by the Mint with its employees pursuant to Part I of the Canada Labour Code shall prohibit or limit the power of the Mint to enter into contracts with any person to provide for the procurement by the Mint of any goods or services from that person or the minting of coins by that person. R.S., 1985, c. R-9, s. 18; R.S., 1985, c. 35 (3rd Supp.), s. 13(F); 2003, c. 22, ss. 224(E), 225(E). By-laws By-laws 19 The Board may make by-laws respecting (a) the duties and conduct of officers, agents and employees of the Mint; (b) the conditions of employment and the fixing of the remuneration of officers, agents and employees of the Mint; (c) the time and place for the holding of meetings of the Board, the quorum at those meetings and the procedure in all business at those meetings; and (d) generally the conduct and management of the affairs of the Mint. R.S., c. R-8, s. 14; 1984, c. 31, s. 14. Current to June 20, 2022 Last amended on December 15, 2016 Royal Canadian Mint Financial Sections 20-26 Financial Borrowing power 20 (1) The Mint may, for the attainment of its objects, borrow money from the Consolidated Revenue Fund or any other source, but the total amount outstanding at any time may not exceed 75 million dollars or such greater amount as may be specified in an appropriation Act. Government loans (2) The Minister of Finance may lend money to the Mint from the Consolidated Revenue Fund. Conditions of borrowing (3) The Mint shall not enter into any particular transaction to borrow money pursuant to subsection (1) without the approval of the Minister of Finance with respect to the time and the terms and conditions of the transaction. R.S., 1985, c. R-9, s. 20; R.S., 1985, c. 35 (3rd Supp.), s. 14; 1999, c. 4, s. 7. 21 to 25 [Repealed, R.S., 1985, c. 35 (3rd Supp.), s. 14] Auditor 26 (1) The Auditor General of Canada is the auditor of the Mint. Inspection of stores and metals (2) The Auditor General of Canada shall inspect the inventories of stores and metals of the Mint at least once in each year. R.S., c. R-8, s. 24; 1976-77, c. 34, s. 30(F); 1984, c. 31, s. 14. Current to June 20, 2022 Last amended on December 15, 2016 Royal Canadian Mint SCHEDULE SCHEDULE (Sections 2 and 6 to 6.3) PART 1 Non-circulation Coins Denominations One million dollars One hundred thousand dollars Two thousand five hundred dollars One thousand two hundred and fifty dollars One thousand dollars Five hundred dollars Three hundred and fifty dollars Three hundred dollars Two hundred and fifty dollars Two hundred dollars One hundred and seventy-five dollars One hundred and fifty dollars One hundred and twenty-five dollars One hundred dollars Seventy-five dollars Fifty dollars Thirty dollars Twenty-five dollars Twenty dollars Fifteen dollars Ten dollars Eight dollars Five dollars Four dollars Three dollars Two dollars One dollar Fifty cents Twenty-five cents Ten cents Five cents Three cents One cent Current to June 20, 2022 Last amended on December 15, 2016 Royal Canadian Mint SCHEDULE PART 2 Circulation Coins (Sections 2 and 6.4 to 6.6) 1 A two dollar coin of which (a) the composition is (i) for the inner core, aluminum bronze (copper, aluminum and nickel), and (ii) for the outer ring, pure nickel; (b) the standard weight is 7.30 grams; and (c) the margin of tolerance with respect to weight is 42.38 grams per kilogram of 137 pieces. 1.1 A two dollar coin of which (a) the composition is (i) for the inner core, multi-ply brass-plated aluminium bronze, and (ii) for the outer ring, multi-ply nickel-plated steel; (b) the standard weight is 6.92 grams; and (c) the margin of tolerance with respect to weight is ±30.45 grams per kilogram of 145 pieces. 2 A one dollar coin of which (a) the composition is bronze plated nickel; (b) the standard weight is 7.0 grams; and (c) the margin of tolerance with respect to weight is 21.38 grams per kilogram of 143 pieces. 2.1 A one dollar coin of which (a) the composition is brass plated nickel; (b) the standard weight is 7.0 grams; and (c) the margin of tolerance with respect to weight is ±21.38 grams per kilogram of 143 pieces. 2.2 A one dollar coin of which (a) the composition is multi-ply brass-plated steel; (b) the standard weight is 6.27 grams; and (c) the margin of tolerance with respect to weight is ±30.4 grams per kilogram of 160 pieces. 3 A fifty cent coin of which (a) the composition is pure nickel; (b) the standard weight is 8.1 grams; and (c) the margin of tolerance with respect to weight is 12.81 grams per kilogram of 123 pieces. 3.1 A fifty cent coin of which (a) the composition is nickel, copper and nickel-plated steel; (b) the standard weight is 6.9 grams; and Current to June 20, 2022 Last amended on December 15, 2016 Royal Canadian Mint SCHEDULE (c) the margin of tolerance with respect to the weight is ±30.39 grams per kilogram of 144 pieces. 4 A twenty-five cent coin of which (a) the composition is pure nickel; (b) the standard weight is 5.05 grams; and (c) the margin of tolerance with respect to weight is 14.26 grams per kilogram of 198 pieces. 4.1 A twenty-five cent coin of which (a) the composition is nickel, copper and nickel-plated steel; (b) the standard weight is 4.4 grams; and (c) the margin of tolerance with respect to the weight is ±29.66 grams per kilogram of 227 pieces. 5 A ten cent coin of which (a) the composition is pure nickel; (b) the standard weight is 2.07 grams; and (c) the margin of tolerance with respect to weight is 21.44 grams per kilogram of 483 pieces. 5.1 A ten cent coin of which (a) the composition is nickel, copper and nickel-plated steel; (b) the standard weight is 1.75 grams; and (c) the margin of tolerance with respect to the weight is ±34.43 grams per kilogram of 571 pieces. 6 A five cent coin of which (a) the composition is cupronickel (75 parts copper and 25 parts nickel); (b) the standard weight is 4.6 grams; and (c) the margin of tolerance with respect to weight is 39.77 grams per kilogram of 217 pieces. 6.1 A five cent coin of which (a) the composition is nickel, copper and nickel-plated steel; (b) the standard weight is 3.95 grams; and (c) the margin of tolerance with respect to the weight is ±30.51 grams per kilogram of 253 pieces. 7 A one cent coin of which (a) the composition is bronze (copper, tin and zinc); (b) the standard weight is 2.5 grams; and (c) the margin of tolerance with respect to weight is 44.96 grams per kilogram of 400 pieces. 8 A one cent coin of which (a) the composition is CPZ (copper plated zinc); (b) the standard weight is 2.25 grams; and (c) the margin of tolerance with respect to weight is 26.72 grams per kilogram of 444 pieces. 9 A one cent coin of which Current to June 20, 2022 Last amended on December 15, 2016 Royal Canadian Mint SCHEDULE (a) the composition is CPS (copper plated steel); (b) the standard weight is 2.35 grams; and (c) the margin of tolerance with respect to weight is 25.5 grams per kilogram of 425 pieces. R.S., 1985, c. 35 (3rd Supp.), s. 15; SOR/88-410; SOR/90-475; SOR/91-432, 510; SOR/ 93-105; 1995, c. 26, s. 1; SOR/95-45; SOR/96-75, 104, 488; SOR/98-92, 94, 96, 141, 192; 1999, c. 4, s. 8; SOR/2000-161, 360; SOR/2003-250, 368; SOR/2005-322, 323, 324, 325; SOR/2006-17, 233; SOR/2007-22, 177; SOR/2011-192, 324; SOR/2014-165. Current to June 20, 2022 Last amended on December 15, 2016 Royal Canadian Mint RELATED PROVISIONS RELATED PROVISIONS — 2005, c. 38, s. 29 Royal Canadian Mint Act 29 The Minister of National Revenue is the Minister for the purposes of the Royal Canadian Mint Act until another member of the Queen’s Privy Council for Canada is designated under section 2.1 of that Act, as enacted by section 130 of this Act. Current to June 20, 2022 Last amended on December 15, 2016

CONSOLIDATION Riding Name Change Act, 2014 S.C. 2014, c. 19 Current to June 20, 2022 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (2) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. Inconsistencies in Acts (2) In the event of an inconsistency between a consolidated statute published by the Minister under this Act and the original statute or a subsequent amendment as certified by the Clerk of the Parliaments under the Publication of Statutes Act, the original statute or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 TABLE OF PROVISIONS An Act to change the names of certain electoral districts and to amend the Electoral Boundaries Readjustment Act Short Title 1 Short title Electoral Districts in Quebec, Ontario, Saskatchewan, Alberta and British Columbia Quebec 2 Name changed to “Thérèse-De Blainville” Name changed to “Pierre-Boucher — Les Patriotes — Verchères” Name changed to “Rimouski-Neigette — Témiscouata — Les Basques” Name changed to “Beauport — Côte-de-Beaupré — Île d’Orléans — Charlevoix” Name changed to “Chicoutimi — Le Fjord” Name changed to “Dorval — Lachine — LaSalle” Name changed to “LaSalle — Émard — Verdun” Name changed to “Longueuil — Charles-LeMoyne” Name changed to “Longueuil — Saint-Hubert” Name changed to “Mount Royal” Name changed to “Marc-Aurèle-Fortin” Name changed to “Vaudreuil — Soulanges” Name changed to “Ville-Marie — Le Sud-Ouest — Îledes-Soeurs” Ontario 15 Name changed to “Brantford — Brant” Name changed to “Lanark — Frontenac — Kingston” Name changed to “Leeds — Grenville — Thousand Islands and Rideau Lakes” Name changed to “Mississauga East — Cooksville” Name changed to “Northumberland — Peterborough South” Current to June 20, 2022 ii Riding Name Change, 2014 TABLE OF PROVISIONS Name changed to “Orléans” Name changed to “Peterborough — Kawartha” Name changed to “Carleton” Name changed to “Toronto — St. Paul’s” Name changed to “Humber River — Black Creek” Saskatchewan 25 Name changed to “Carlton Trail — Eagle Creek” Alberta 26 Name changed to “Grande Prairie — Mackenzie” Name changed to “Medicine Hat — Cardston — Warner” Name changed to “Red Deer — Lacombe” Name changed to “Sturgeon River — Parkland” British Columbia 30 Name changed to “Esquimalt — Saanich — Sooke” Name changed to “North Island — Powell River” Amendment to the Electoral Boundaries Readjustment Act Current to June 20, 2022 iv S.C. 2014, c. 19 An Act to change the names of certain electoral districts and to amend the Electoral Boundaries Readjustment Act [Assented to 19th June 2014] Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: Short Title Short title 1 This Act may be cited as the Riding Name Change Act, 2014. Electoral Districts in Quebec, Ontario, Saskatchewan, Alberta and British Columbia Quebec Name changed to “Thérèse-De Blainville” 2 In the representation order declared in force by proclamation of October 1, 2013 under the Electoral Boundaries Readjustment Act, paragraph 13 of the part relating to Quebec is amended by substituting the name “Thérèse-De Blainville” for the name “Blainville”. Name changed to “Pierre-Boucher — Les Patriotes — Verchères” 3 In the representation order declared in force by proclamation of October 1, 2013 under the Electoral Boundaries Readjustment Act, paragraph 14 of the part Current to June 20, 2022 Riding Name Change, 2014 Electoral Districts in Quebec, Ontario, Saskatchewan, Alberta and British Columbia Quebec Sections 3-9 relating to Quebec is amended by substituting the name “Pierre-Boucher — Les Patriotes — Verchères” for the name “Boucher — Les Patriotes — Verchères”. Name changed to “Rimouski-Neigette — Témiscouata — Les Basques” 4 In the representation order declared in force by proclamation of October 1, 2013 under the Electoral Boundaries Readjustment Act, paragraph 18 of the part relating to Quebec is amended by substituting the name “Rimouski-Neigette — Témiscouata — Les Basques” for the name “Centre-du-Bas-Saint-Laurent”. Name changed to “Beauport — Côte-de-Beaupré — Île d’Orléans — Charlevoix” 5 In the representation order declared in force by proclamation of October 1, 2013 under the Electoral Boundaries Readjustment Act, paragraph 20 of the part relating to Quebec is amended by substituting the name “Beauport — Côte-de-Beaupré — Île d’Orléans — Charlevoix” for the name “Charlevoix — Montmorency”. Name changed to “Chicoutimi — Le Fjord” 6 In the representation order declared in force by proclamation of October 1, 2013 under the Electoral Boundaries Readjustment Act, paragraph 22 of the part relating to Quebec is amended by substituting the name “Chicoutimi — Le Fjord” for the name “Chicoutimi”. Name changed to “Dorval — Lachine — LaSalle” 7 In the representation order declared in force by proclamation of October 1, 2013 under the Electoral Boundaries Readjustment Act, paragraph 24 of the part relating to Quebec is amended by substituting the name “Dorval — Lachine — LaSalle” for the name “Dorval — Lachine”. Name changed to “LaSalle — Émard — Verdun” 8 In the representation order declared in force by proclamation of October 1, 2013 under the Electoral Boundaries Readjustment Act, paragraph 37 of the part relating to Quebec is amended by substituting the name “LaSalle — Émard — Verdun” for the name “LaSalle — Verdun”. Name changed to “Longueuil — Charles-LeMoyne” 9 In the representation order declared in force by proclamation of October 1, 2013 under the Electoral Boundaries Readjustment Act, paragraph 41 of the part relating to Quebec is amended by substituting the name Current to June 20, 2022 Riding Name Change, 2014 Electoral Districts in Quebec, Ontario, Saskatchewan, Alberta and British Columbia Quebec Sections 9-15 “Longueuil — “LeMoyne”. Charles-LeMoyne” for the name Name changed to “Longueuil — Saint-Hubert” 10 In the representation order declared in force by proclamation of October 1, 2013 under the Electoral Boundaries Readjustment Act, paragraph 43 of the part relating to Quebec is amended by substituting the name “Longueuil — Saint-Hubert” for the name “Longueuil”. Name changed to “Mount Royal” 11 In the English version of the representation order declared in force by proclamation of October 1, 2013 under the Electoral Boundaries Readjustment Act, paragraph 52 of the part relating to Quebec is amended by substituting the name “Mount Royal” for the name “Mont-Royal”. Name changed to “Marc-Aurèle-Fortin” 12 In the representation order declared in force by proclamation of October 1, 2013 under the Electoral Boundaries Readjustment Act, paragraph 65 of the part relating to Quebec is amended by substituting the name “Marc-Aurèle-Fortin” for the name “Sainte-Rose”. Name changed to “Vaudreuil — Soulanges” 13 In the representation order declared in force by proclamation of October 1, 2013 under the Electoral Boundaries Readjustment Act, paragraph 74 of the part relating to Quebec is amended by substituting the name “Vaudreuil — Soulanges” for the name “Soulanges — Vaudreuil”. Name changed to “Ville-Marie — Le Sud-Ouest — Îledes-Soeurs” 14 In the representation order declared in force by proclamation of October 1, 2013 under the Electoral Boundaries Readjustment Act, paragraph 77 of the part relating to Quebec is amended by substituting the name “Ville-Marie — Le Sud-Ouest — Île-des-Soeurs” for the name “Ville-Marie”. Ontario Name changed to “Brantford — Brant” 15 In the representation order declared in force by proclamation of October 1, 2013 under the Electoral Boundaries Readjustment Act, paragraph 13 of the part relating to Ontario is amended by substituting the name “Brantford — Brant” for the name “Brant”. Current to June 20, 2022 Riding Name Change, 2014 Electoral Districts in Quebec, Ontario, Saskatchewan, Alberta and British Columbia Ontario Sections 15-21 Name changed to “Lanark — Frontenac — Kingston” 16 In the representation order declared in force by proclamation of October 1, 2013 under the Electoral Boundaries Readjustment Act, paragraph 49 of the part relating to Ontario is amended by substituting the name “Lanark — Frontenac — Kingston” for the name “Lanark — Frontenac”. Name changed to “Leeds — Grenville — Thousand Islands and Rideau Lakes” 17 In the representation order declared in force by proclamation of October 1, 2013 under the Electoral Boundaries Readjustment Act, paragraph 50 of the part relating to Ontario is amended by substituting the name “Leeds — Grenville — Thousand Islands and Rideau Lakes” for the name “Leeds — Grenville”. Name changed to “Mississauga East — Cooksville” 18 In the representation order declared in force by proclamation of October 1, 2013 under the Electoral Boundaries Readjustment Act, paragraph 59 of the part relating to Ontario is amended by substituting the name “Mississauga East — Cooksville” for the name “Mississauga — Cooksville”. Name changed to “Northumberland — Peterborough South” 19 In the representation order declared in force by proclamation of October 1, 2013 under the Electoral Boundaries Readjustment Act, paragraph 71 of the part relating to Ontario is amended by substituting the name “Northumberland — Peterborough South” for the name “Northumberland — Pine Ridge”. Name changed to “Orléans” 20 In the representation order declared in force by proclamation of October 1, 2013 under the Electoral Boundaries Readjustment Act, paragraph 76 of the part relating to Ontario is amended by substituting the name “Orléans” for the name “Ottawa — Orléans”. Name changed to “Peterborough — Kawartha” 21 In the representation order declared in force by proclamation of October 1, 2013 under the Electoral Boundaries Readjustment Act, paragraph 84 of the part relating to Ontario is amended by substituting the name Current to June 20, 2022 Riding Name Change, 2014 Electoral Districts in Quebec, Ontario, Saskatchewan, Alberta and British Columbia Ontario Sections 21-27 “Peterborough — Kawartha” for the name “Peterborough”. Name changed to “Carleton” 22 In the representation order declared in force by proclamation of October 1, 2013 under the Electoral Boundaries Readjustment Act, paragraph 88 of the part relating to Ontario is amended by substituting the name “Carleton” for the name “Rideau — Carleton”. Name changed to “Toronto — St. Paul’s” 23 In the representation order declared in force by proclamation of October 1, 2013 under the Electoral Boundaries Readjustment Act, paragraph 90 of the part relating to Ontario is amended by substituting the name “Toronto — St. Paul’s” for the name “St. Paul’s”. Name changed to “Humber River — Black Creek” 24 In the representation order declared in force by proclamation of October 1, 2013 under the Electoral Boundaries Readjustment Act, paragraph 121 of the part relating to Ontario is amended by substituting the name “Humber River — Black Creek” for the name “York West”. Saskatchewan Name changed to “Carlton Trail — Eagle Creek” 25 In the representation order declared in force by proclamation of October 1, 2013 under the Electoral Boundaries Readjustment Act, paragraph 4 of the part relating to Saskatchewan is amended by substituting the name “Carlton Trail — Eagle Creek” for the name “Humboldt — Warman — Martensville — Rosetown”. Alberta Name changed to “Grande Prairie — Mackenzie” 26 In the representation order declared in force by proclamation of October 1, 2013 under the Electoral Boundaries Readjustment Act, paragraph 24 of the part relating to Alberta is amended by substituting the name “Grande Prairie — Mackenzie” for the name “Grande Prairie”. Name changed to “Medicine Hat — Cardston — Warner” 27 In the representation order declared in force by proclamation of October 1, 2013 under the Electoral Current to June 20, 2022 Riding Name Change, 2014 Electoral Districts in Quebec, Ontario, Saskatchewan, Alberta and British Columbia Alberta Sections 27-32 Boundaries Readjustment Act, paragraph 27 of the part relating to Alberta is amended by substituting the name “Medicine Hat — Cardston — Warner” for the name “Medicine Hat”. Name changed to “Red Deer — Lacombe” 28 In the representation order declared in force by proclamation of October 1, 2013 under the Electoral Boundaries Readjustment Act, paragraph 30 of the part relating to Alberta is amended by substituting the name “Red Deer — Lacombe” for the name “Red Deer — Wolf Creek”. Name changed to “Sturgeon River — Parkland” 29 In the representation order declared in force by proclamation of October 1, 2013 under the Electoral Boundaries Readjustment Act, paragraph 33 of the part relating to Alberta is amended by substituting the name “Sturgeon River — Parkland” for the name “Sturgeon River”. British Columbia Name changed to “Esquimalt — Saanich — Sooke” 30 In the representation order declared in force by proclamation of October 1, 2013 under the Electoral Boundaries Readjustment Act, paragraph 26 of the part relating to British Columbia is amended by substituting the name “Esquimalt — Saanich — Sooke” for the name “Saanich — Esquimalt — Juan de Fuca”. Name changed to “North Island — Powell River” 31 In the representation order declared in force by proclamation of October 1, 2013 under the Electoral Boundaries Readjustment Act, paragraph 37 of the part relating to British Columbia is amended by substituting the name “North Island — Powell River” for the name “Vancouver Island North — Comox — Powell River”. Amendment to the Electoral Boundaries Readjustment Act 32 [Amendment] Current to June 20, 2022

CONSOLIDATION Revolving Funds Act R.S.C., 1985, c. R-8 Current to June 20, 2022 Last amended on December 16, 2014 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (2) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. Inconsistencies in Acts (2) In the event of an inconsistency between a consolidated statute published by the Minister under this Act and the original statute or a subsequent amendment as certified by the Clerk of the Parliaments under the Publication of Statutes Act, the original statute or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. The last amendments came into force on December 16, 2014. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 Last amended on December 16, 2014 TABLE OF PROVISIONS An Act to authorize the establishment of certain revolving funds Short Title 1 Short title Minister of Agriculture and Agri-Food 2 Expenditures out of C.R.F. Minister of Canadian Heritage (Parks Canada Agency) Minister of Citizenship and Immigration 4 Expenditures out of C.R.F. Minister of Public Works and Government Services 5 Architectural, Engineering and Realty Services Revolving Fund 5.5 Optional Services Revolving Fund 5.6 Services to governments and other bodies Secretary of State of Canada (National Film Board) 6 Expenditures out of C.R.F. Secretary of State of Canada (Public Service Commission) Minister of Supply and Services Minister of Transport (Airports) General 11 Treasury Board Amendment or repeal Current to June 20, 2022 Last amended on December 16, 2014 ii R.S.C., 1985, c. R-8 An Act to authorize the establishment of certain revolving funds Short Title Short title 1 This Act may be cited as the Revolving Funds Act. 1980-81-82-83, c. 17, s. 1. Minister of Agriculture and AgriFood Expenditures out of C.R.F. 2 (1) The Minister of Agriculture and Agri-Food may make expenditures out of the Consolidated Revenue Fund for the purposes of (a) race track supervision in Canada; (b) reimbursing race associations for certain supervisory services provided by them under regulations made pursuant to section 204 of the Criminal Code; and (c) research relating to the use of drugs on horses and race surveillance techniques. Idem (2) The Minister may spend, for the purposes mentioned in subsection (1), any revenue received in respect of those purposes and in respect of subsection 204(4) of the Criminal Code. Limit on expenditures (3) The aggregate of expenditures made under subsection (1) shall not at any time exceed by more than two million dollars the revenues received in respect of the purposes mentioned in subsection (1) and in respect of subsection 204(4) of the Criminal Code. R.S., 1985, c. R-8, s. 2; 1994, c. 38, s. 25. Current to June 20, 2022 Last amended on December 16, 2014 Revolving Funds Minister of Canadian Heritage (Parks Canada Agency) Sections 3-5 Minister of Canadian Heritage (Parks Canada Agency) 3 [Repealed, 2002, c. 5, Sch. 1 (PCA) vote 111b] 3.1 [Repealed, 2002, c. 5, Sch. 1 (PCA) vote 112b] Minister of Citizenship and Immigration Expenditures out of C.R.F. 4 (1) The Minister of Citizenship and Immigration may make expenditures out of the Consolidated Revenue Fund for the purpose of passport and other travel document services in Canada and at posts abroad. Idem (2) The Minister of Citizenship and Immigration may spend, for the purpose mentioned in subsection (1), any revenue received in respect of that purpose. Limit on expenditures (3) The aggregate of expenditures made under subsection (1) shall not at any time exceed by more than $1.00 the revenues received in respect of the purpose mentioned in subsection (1). R.S., 1985, c. R-8, s. 4; 1995, c. 5, s. 25; 2011, c. 18, Sch. 1 (DFAIT) vote 15, c. 23, Sch. 1 (DFAIT) vote 15b; 2013, c. 39, Sch. 1 (CIC) vote 7b; 2014, c. 3, Sch. 1 (CIC) vote 8c. Minister of Public Works and Government Services Architectural, Engineering and Realty Services Revolving Fund 5 (1) The Minister of Public Works and Government Services may make expenditures out of the Consolidated Revenue Fund for the purpose of paragraph 6(e) or (h), section 10, paragraph 15(f) or (g) or section 24 of the Department of Public Works and Government Services Act. Architectural, Engineering and Realty Services Revolving Fund (2) The Minister may spend, for a purpose mentioned in subsection (1), any revenue received in respect of that purpose or any other purpose mentioned in that subsection. Current to June 20, 2022 Last amended on December 16, 2014 Revolving Funds Minister of Public Works and Government Services Sections 5-5.6 Limit on expenditures (3) The aggregate of expenditures made under subsection (1) shall not at any time exceed by more than $150,000,000 the revenues received in respect of the purposes mentioned in that subsection. (4) [Repealed, 2013, c. 4, Sch. 1 (PWGSC) vote 6c] R.S., 1985, c. R-8, s. 5; R.S., 1985, c. 20 (1st Supp.), s. 2, c. 5 (4th Supp.), s. 1; 1996, c. 16, s. 55; 2001, c. 4, s. 168; 2002, c. 5, Sch. 1 (PWGSC) vote 7b; 2009, c. 26, Sch. 1 (PWGSC) vote 6a; 2013, c. 4, Sch. 1 (PWGSC) vote 6c. 5.1 [Repealed, 2013, c. 4, Sch. 1 (PWGSC) vote 6c] 5.2 [Repealed, 2012, c. 3, Sch. 1 (PWGSC) vote 21c] 5.3 [Repealed, 1998, c. 2, Sch. (PWGSC) vote 18b] 5.4 [Repealed, 2012, c. 3, Sch. 1 (PWGSC) vote 7c] Optional Services Revolving Fund 5.5 (1) The Minister of Public Works and Government Services may make expenditures out of the Consolidated Revenue Fund for the purpose of paragraphs 6(a) and (b) of the Department of Public Works and Government Services Act, for the purpose of undertakings in respect of the Traffic Management and the Buy for Lease Program and for the purpose of section 6 of the Surplus Crown Assets Act. Optional Services Revolving Fund (2) The Minister may spend, for a purpose mentioned in subsection (1), any revenue received in respect of that purpose. Limit on expenditures (3) The aggregate of expenditures made under subsection (1) shall not at any time exceed by more than thirtyfive million dollars the revenues received in respect of the purposes mentioned in that subsection. 1996, c. 16, s. 55, c. 29, Sch. (PWGSC) vote 17a; 2002, c. 5, Sch. 1 (PWGSC) vote 6b. Services to governments and other bodies 5.6 Sections 5 to 5.5 and Public Works and Government Services Vote 23d, Appropriation Act No. 4, 1994-95 apply in respect of any thing done by the Minister of Public Works and Government Services pursuant to section 16 of the Department of Public Works and Government Services Act and accordingly the power of that Minister to make expenditures out of the Consolidated Revenue Fund and spend revenues for a purpose mentioned in any of sections 5 to 5.5 includes a power to do so for those purposes mentioned in section 16 of that Act. 1996, c. 16, s. 55, c. 29, Sch. (PWGSC) vote 18a. Current to June 20, 2022 Last amended on December 16, 2014 Revolving Funds Secretary of State of Canada (National Film Board) Sections 6-11 Secretary of State of Canada (National Film Board) Expenditures out of C.R.F. 6 (1) The Secretary of State of Canada may make expenditures out of the Consolidated Revenue Fund for the purpose of the operation of the National Film Board. Idem (2) The Secretary of State of Canada may spend, for the purpose mentioned in subsection (1), any revenue received in respect of that purpose. Limit on expenditures (3) The aggregate of expenditures made under subsection (1) shall not at any time exceed by more than twenty-five million dollars the revenues received in respect of the purpose mentioned in subsection (1). R.S., 1985, c. R-8, s. 6; 1995, c. 9, Sch. (NFB) vote 121d. Secretary of State of Canada (Public Service Commission) 7 [Repealed, 2003, c. 22, s. 261] Minister of Supply and Services 8 [Repealed, 1992, c. 7, Sch. (SSC) vote 11c] 9 [Repealed, R.S., 1985, c. 5 (3rd Supp.), s. 1] Minister of Transport (Airports) 10 [Repealed, 1991, c. 19, Sch. (TC) vote 2c] General Treasury Board 11 All expenditures made under sections 2 to 10 and all revenues spent under those sections shall be subject to such terms and conditions as the Treasury Board may specify. 1980-81-82-83, c. 17, s. 32. Current to June 20, 2022 Last amended on December 16, 2014 Revolving Funds General Section 12 Amendment or repeal 12 The provisions of this Act may be amended or repealed by an appropriation Act. 1980-81-82-83, c. 17, s. 33. Current to June 20, 2022 Last amended on December 16, 2014

CONSOLIDATION Royal Canadian Mounted Police Superannuation Act R.S.C., 1985, c. R-11 Current to June 20, 2022 Last amended on June 21, 2019 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (2) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. Inconsistencies in Acts (2) In the event of an inconsistency between a consolidated statute published by the Minister under this Act and the original statute or a subsequent amendment as certified by the Clerk of the Parliaments under the Publication of Statutes Act, the original statute or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. The last amendments came into force on June 21, 2019. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 Last amended on June 21, 2019 TABLE OF PROVISIONS An Act respecting the superannuation of members of the Royal Canadian Mounted Police Short Title 1 Short title Equality of Status 2 Status of males and females Interpretation 3 Definitions PART I Superannuation Eligibility for Benefits 4 Eligibility Contributions 5 Contribution rates — 2013 and later Pensionable Service 6 Pensionable service 6.1 Election for leave of absence Elective Pensionable Service: Amount Required To Be Paid 7 Amount to be paid Elections 8 Manner of making elections 8.1 Recovery of annuity paid in error Benefits: How Computed, etc. 9 Definitions Computation of annuities Payment of Benefits 11 Benefits payable on retirement Benefit payable in case of disability after retirement 12.1 Transfer value 12.2 Return of contributions Current to June 20, 2022 Last amended on June 21, 2019 ii Royal Canadian Mounted Police Superannuation TABLE OF PROVISIONS 12.3 Commuted value or transfer value Benefits payable on death Benefits payable on death 14.1 Election for benefit Payments to Survivors, Children and Other Beneficiaries 15 Lump sum payments 15.1 Apportionment when two survivors Allowances paid to children Person considered to be the survivor Marriage, etc., after sixty years of age Diversion of Amounts Payable in Certain Cases 20 Payment to dependants of recipient Presumption of Death 21 Presumption of death Minimum Benefits 22 Minimum benefits Special Cases Former Members of the Force 23 Persons re-appointed to or re-enlisted in the Force Former Public Service Employees and Members of the Regular Force 24 Service that may be counted Transfer Agreements 24.1 Definition of eligible employer Pension Board 25 Pension Board Advisory Committee 25.1 Advisory committee Regulations 26 Regulations 26.1 Regulations Regulations respecting leave of absence Payments out of Account 28 Payments out of Superannuation Account Current to June 20, 2022 Last amended on June 21, 2019 iv Royal Canadian Mounted Police Superannuation TABLE OF PROVISIONS Amounts 29 Amounts to be credited in each fiscal year Royal Canadian Mounted Police Superannuation Investment Fund 29.1 Establishment of Royal Canadian Mounted Police Superannuation Investment Fund Royal Canadian Mounted Police Pension Fund 29.2 Establishment of Royal Canadian Mounted Police Pension Fund 29.3 Amounts to be paid on basis of actuarial valuation report 29.4 No more deposits if non-permitted surplus 29.5 Costs Actuarial Report 30 Public Pensions Reporting Act Annual Report 31 Annual report PART II Benefits in Respect of Injury or Death on Service 31.1 Definition of service in the Force Eligibility for awards under Pension Act 32.1 Service in special duty area 32.11 Definition of conditions of elevated risk 32.12 Special duty areas 32.13 Special duty operations 32.14 Types of operations 32.15 Statutory Instruments Act 32.2 Adjudication Payment of treatment allowance Application of Government Employees Compensation Act PART III Supplementary Benefits 35 Definitions Current to June 20, 2022 Last amended on June 21, 2019 v Royal Canadian Mounted Police Superannuation TABLE OF PROVISIONS Contributions for elective service Benefit payable Calculation of benefit Manner of payment of benefit PART IV General 41 Regulations Regulations Power of Minister Regulations — electronic means Current to June 20, 2022 Last amended on June 21, 2019 v R.S.C., 1985, c. R-11 An Act respecting the superannuation of members of the Royal Canadian Mounted Police Short Title Short title 1 This Act may be cited as the Royal Canadian Mounted Police Superannuation Act. R.S., c. R-11, s. 1. Equality of Status Status of males and females 2 Male and female contributors under this Act have equality of status and equal rights and obligations under this Act. 1974-75-76, c. 81, s. 54. Interpretation Definitions 3 (1) In this Act, active service means any service that is specified in the regulations to be active service and is deemed for the purposes of this Act to have terminated on discharge or, in the case of a person who underwent treatment in a veterans’ hospital, as defined in the regulations, immediately following their discharge, on their release from that hospital; (activité de service) child means a child or stepchild of — or an individual adopted either legally or in fact by — a contributor, who at the time of the contributor’s death was dependent on the contributor for support; (enfant) contributor means a person who is required by section 5 to contribute to the Royal Canadian Mounted Police Pension Fund, and includes, unless the context otherwise requires, Current to June 20, 2022 Last amended on June 21, 2019 Royal Canadian Mounted Police Superannuation Interpretation Section 3 (a) a person who has ceased to be required by this Act to contribute to the Superannuation Account or the Royal Canadian Mounted Police Pension Fund, and (b) for the purposes of sections 15 to 19 and 22, a contributor under Part V of the former Act who has been granted a pension or annual allowance under that Act or has died; (contributeur) disabled, except in Part II, as applied to any member of the Force, means incapable, by reason of any condition, of performing their duties as a member of the Force, and, for the purposes of section 12 as applied to any person, means ordinarily incapable, by reason of any condition, of pursuing any substantially gainful occupation; (invalide) Force means the Royal Canadian Mounted Police; (Gendarmerie) former Act means the Royal Canadian Mounted Police Act, chapter 241 of the Revised Statutes of Canada, 1952, as it read before April 1, 1960, and includes, unless the context otherwise requires, any other Act of Parliament providing for the payment of pensions to members of the Force based on length of service, other than this Act; (ancienne loi) member of the Force means a member of the Force, as those terms are defined in the Royal Canadian Mounted Police Act, holding a rank in the Force, and any other member of the Force, as those terms are defined in that Act, of a class designated in accordance with the regulations for the purposes of this Act; (membre de la Gendarmerie) Minister means the Minister of Public Safety and Emergency Preparedness; (ministre) officer means a commissioned officer of the Force; (officier) pay means, (a) as applied to the Force, the pay of the substantive rank held by the person in respect of whom the expression is being applied, not including the pay of acting rank or extra pay for staff or similar temporary appointments, or, in the case of a person not holding a rank in the Force, the salary or other remuneration for the performance of the regular duties of that person as a member of the Force, together with such allowances by way of compensation or otherwise as are prescribed by the regulations, and Current to June 20, 2022 Last amended on June 21, 2019 Royal Canadian Mounted Police Superannuation Interpretation Section 3 (b) as applied to the public service or the Canadian Forces, the salary or pay and allowances, as the case may be, applicable in the case of that person, as determined under the Public Service Superannuation Act or the Canadian Forces Superannuation Act; (solde) provincial pension plan has the same meaning as in the Canada Pension Plan; (régime provincial de pensions) public service has the same meaning as in subsection 3(1) of the Public Service Superannuation Act; (fonction publique) regular force means the regular force of the Canadian Forces and includes (a) the forces known before February 1, 1968 as the regular forces of the Canadian Forces, and (b) the forces known before February 1, 1968 as the Royal Canadian Navy, the Canadian Army Active Force, the Permanent Active Militia, the Permanent Militia Corps, the permanent staff of the Militia, the Royal Canadian Air Force (Regular) and the Permanent Active Air Force; (force régulière) retirement age, as applied to any rank or class of contributor, means such age as is fixed by the regulations as the retirement age applicable to that rank or class; (âge de retraite) Royal Canadian Mounted Police Pension Fund means the fund established under section 29.2; (Caisse de retraite de la Gendarmerie royale du Canada) Royal Canadian Mounted Police Superannuation Investment Fund means the fund established under section 29.1; (Fonds de placement du compte de pension de retraite de la Gendarmerie royale du Canada) service in the Force includes any period of service (a) as a special constable of the Force before April 1, 1960, (b) as a police officer that is counted as pensionable service under subsection 24.1(9), (c) as a police officer that is described in clause 6(b)(ii)(A) or (L) if the contributor elects to pay for that service, and (d) as a police officer or as a member of the Force that forms part of any period of service described in any of clauses 6(b)(ii)(H), (I), (O) and (P) if the contributor Current to June 20, 2022 Last amended on June 21, 2019 Royal Canadian Mounted Police Superannuation Interpretation Section 3 elects to pay for that service; (service dans la Gendarmerie) Superannuation Account means the Royal Canadian Mounted Police Superannuation Account referred to in section 4; (compte de pension de retraite) supplementary benefit means a supplementary benefit payable under Part III; (prestation supplémentaire) survivor, in relation to a contributor, means (a) a person who was married to the contributor at the time of the contributor’s death, or (b) a person referred to in subsection 18(1); (survivant) World War I means the war that was declared on August 4, 1914 and that is deemed, for the purposes of this Act, to have terminated on August 31, 1921; (Première Guerre mondiale) World War II means the war that was declared on September 10, 1939 and that is deemed, for the purposes of this Act, to have terminated on September 30, 1947. (Seconde Guerre mondiale) References to Canadian Forces Superannuation Act (2) A reference in this Act to the Canadian Forces Superannuation Act includes a reference to any other Act of Parliament in force either before or after April 1, 1960 providing for the payment of pensions to members of the Canadian Forces based on length of service. Persons employed under Royal Canadian Mounted Police Act (3) For the purposes of this Act, the Public Service Superannuation Act and the Canadian Forces Superannuation Act, a person who is employed under the authority of the Royal Canadian Mounted Police Act but who is not a member of the Force is deemed to be employed in the public service, and any period of service of a person during which they were employed under the authority of that Act but were not a member of the Force or during which they were a person to whom Part VII of the former Current to June 20, 2022 Last amended on June 21, 2019 Royal Canadian Mounted Police Superannuation Interpretation Sections 3-5 Act applied is deemed to be a period of service during which they were employed in the public service. Pensionable employment (4) Except as provided in the regulations, employment as a member of the Force is not excepted employment for the purposes of the Canada Pension Plan. R.S., 1985, c. R-11, s. 3; 1992, c. 46, s. 60; 1999, c. 34, s. 169; 2003, c. 22, s. 225(E); 2005, c. 10, s. 34; 2009, c. 13, s. 2; 2012, c. 31, s. 504. PART I Superannuation Eligibility for Benefits Eligibility 4 (1) Subject to this Part, an annuity or other benefit specified in this Act shall be paid to or in respect of every person who, being required to contribute to the Superannuation Account or the Royal Canadian Mounted Police Pension Fund in accordance with this Part, ceases to be a member of the Force or dies, which annuity or other benefit shall, subject to this Part, be based on the number of years of pensionable service to the credit of that person. Superannuation Account (2) The Royal Canadian Mounted Police Pension Account established in the accounts of Canada pursuant to the former Act is hereby continued under the name of the Royal Canadian Mounted Police Superannuation Account. R.S., 1985, c. R-11, s. 4; 1999, c. 34, s. 170. Contributions Contribution rates — 2013 and later 5 (1) A member of the Force is required to contribute to the Royal Canadian Mounted Police Pension Fund, in respect of every portion of the period beginning on January 1, 2013, by reservation from pay or otherwise, at the contribution rates determined by the Treasury Board in respect of that portion on the joint recommendation of the President of the Treasury Board and the Minister. Contribution rates — 35 years of service (2) A person who has to his or her credit, on or after January 1, 2013, a period of pensionable service — or a period of pensionable service and other pensionable service Current to June 20, 2022 Last amended on June 21, 2019 Royal Canadian Mounted Police Superannuation PART I Superannuation Contributions Section 5 — totalling at least 35 years is not required to contribute under subsection (1) but is required to contribute, by reservation from pay or otherwise, to the Royal Canadian Mounted Police Pension Fund, in respect of the period beginning on the later of January 1, 2013 and the day on which the person has to his or her credit those 35 years, in addition to any other amount required under this Act, at the rates determined by the Treasury Board on the joint recommendation of the President of the Treasury Board and the Minister. Limitation — determination of contribution rate (3) In determining the contribution rates for the purposes of subsections (1) and (2), the rates must not exceed the rates paid under section 5 of the Public Service Superannuation Act by Group 1 contributors described in subsection 12(0.1) of that Act. Other pensionable service (4) For the purpose of subsection (2), other pensionable service means years of service giving rise to a superannuation or pension benefit of a kind specified in the regulations that is payable (a) out of the Consolidated Revenue Fund, or out of any account in the accounts of Canada other than the Superannuation Account; or (b) out of the Canadian Forces Pension Fund within the meaning of the Canadian Forces Superannuation Act or the Public Service Pension Fund within the meaning of the Public Service Superannuation Act. Contributions not required (5) Despite anything in this Part, no person shall, in respect of any period of his or her service on or after December 15, 1994, make a contribution under this Part in respect of any portion of his or her annual rate of pay that is in excess of the annual rate of pay that is fixed by or determined in the manner prescribed by the regulations. Exception (6) A member of the Force who is engaged to work on average fewer than a number of hours per week or days per year prescribed in the regulations shall not contribute under this Act. R.S., 1985, c. R-11, s. 5; 1992, c. 46, s. 61; 1999, c. 34, s. 171; 2012, c. 31, s. 505. Current to June 20, 2022 Last amended on June 21, 2019 Royal Canadian Mounted Police Superannuation PART I Superannuation Pensionable Service Section 6 Pensionable Service Pensionable service 6 Subject to this Part, the following service may be counted by a contributor as pensionable service for the purposes of this Part: (a) non-elective service, comprising, (i) in the case of a contributor who, immediately before April 1, 1960, was a contributor under Part V of the former Act, any period of service that he would have been entitled to count for the purpose of computing any pension, allowance or gratuity under that Part had he, at that time, retired from the Force, except any such period for which he elected under that Part to pay, and (ii) in the case of any contributor, (A) any period during which he or she was required by subsections 5(1) and (2), as they read on December 31, 2012, to contribute to the Superannuation Account or the Royal Canadian Mounted Police Pension Fund, and any period during which he or she is required by subsection 5(1) to contribute to the Royal Canadian Mounted Police Pension Fund, (B) any period of service that may be counted by him as pensionable service pursuant to section 23, and (C) any period of service that may be counted by that contributor as pensionable service under subsection 24.1(9); and (b) elective service, comprising, (i) in the case of a contributor who, immediately before April 1, 1960, was a contributor under Part V of the former Act, (A) any period of service for which he elected under that Part to pay, and (B) any period of service for which he might have elected, under the provisions of that Part in force immediately before April 1, 1960, to pay, if he elects, within the time prescribed by those provisions, to pay for that service, and (ii) in the case of any contributor, (A) any period of service as a member of a police force of a province or municipality with which Current to June 20, 2022 Last amended on June 21, 2019 Royal Canadian Mounted Police Superannuation PART I Superannuation Pensionable Service Section 6 the Minister has entered into an arrangement under section 20 of the Royal Canadian Mounted Police Act, that, in accordance with the regulations, may be counted by him as pensionable service for the purpose of this Part, if he elects, within one year of becoming a contributor under this Part, to pay for that service, (B) any period of service on active service in the navy, army or air forces of His Majesty during World War I or World War II, if he elects, within one year of becoming a contributor under this Part, to pay for that service, (C) any period of service in the Canadian Army Special Force established by Order in Council P.C. 3860 of August 7, 1950 made under the National Defence Act, if he elects, within one year of becoming a contributor under this Part, to pay for that service, (D) any period of service in the regular force, if he elects, within one year of becoming a contributor under this Part, to pay for that service, (E) any continuous period of full-time service of six months or more in the Canadian Forces other than the regular force or in the navy, army or air forces of Her Majesty raised by Canada other than the regular force, if he elects, within one year of becoming a contributor under this Part, to pay for that service, (F) any period of service as a member of the Force for which he was not required to contribute under the former Act, if he elects, within one year of becoming a contributor under this Part, to pay for that service, (G) any period of service during which he was employed in the public service on a full-time basis and was in receipt of salary, if he or she elects, within one year of becoming a contributor under this Part, to pay for that service, and any period of service with any board, commission, corporation or portion of the federal public administration that is added to Schedule I to the Public Service Superannuation Act after April 1, 1960, during which he or she was employed on a full-time basis and was in receipt of salary, if he or she elects, within one year of such addition, to pay for that service, (H) any period of service that may be counted by him as pensionable service pursuant to section Current to June 20, 2022 Last amended on June 21, 2019 Royal Canadian Mounted Police Superannuation PART I Superannuation Pensionable Service Section 6 24 of this Act or section 18 of the Royal Canadian Mounted Police Superannuation Act, chapter R-11 of the Revised Statutes of Canada, 1970, (I) any period of service in respect of which the contributor was entitled to be paid or was granted a return of contributions or other lump sum payment, other than a transfer value or a commuted value, under this Part or under Part V of the former Act, if the contributor elects, within one year after subsequently becoming a contributor under this Part, to pay for that service, (J) any period of service described in this paragraph for which he might have elected, under this Part, Part V of the former Act, the Civil Service Superannuation Act, chapter 50 of the Revised Statutes of Canada, 1952, the Public Service Superannuation Act, the Canadian Forces Superannuation Act or any order in council made under The Canadian Forces Act, 1950, as amended by the Canadian Forces Act, 1954, to pay, but for which he failed so to elect within the time prescribed therefor, if he elects, at any time before he ceases to be a member of the Force, to pay for that service, (K) any period of service in respect of which the contributor makes an election under subsection 6.1(1), if the contributor elects, at any time before the contributor ceases to be a member of the Force, to pay for that service, (L) any period of service of a kind described in the regulations if the contributor elects within the time specified, and in the manner specified, in the regulations to pay for that service, (M) any period of service in the Public Service, after December 31, 1980 and before the day on which this clause comes into force, during which he or she was engaged to work on average at least a number of hours per week or days per year prescribed in the regulations, if the contributor was a contributor immediately before the day on which this clause comes into force and the contributor elects, within one year after that day, to pay for that service, (N) any period of service in the Public Service, after December 31, 1980, during which he or she was engaged to work on average at least a number of hours per week or days per year prescribed in the regulations, if he or she elects, within one year of becoming a contributor under this Part, to pay for that service, Current to June 20, 2022 Last amended on June 21, 2019 Royal Canadian Mounted Police Superannuation PART I Superannuation Pensionable Service Sections 6-6.1 (O) subject to the regulations, any period of service in respect of which payment of a commuted value or a transfer value, as the case may be, to a contributor has been effected in accordance with section 12.1 of this Act, section 22 of the Canadian Forces Superannuation Act or section 13.01 of the Public Service Superannuation Act, if the contributor elects, in accordance with the regulations, to pay for that service, and (P) subject to the regulations, any period of service in respect of which a payment has been made in respect of the contributor pursuant to an agreement entered into under subsection 24.1(2), if the contributor elects, in accordance with the regulations, to pay for that service. R.S., 1985, c. R-11, s. 6; 1992, c. 46, s. 62; 1999, c. 34, s. 172; 2003, c. 22, s. 218(E), c. 26, ss. 44, 56; 2012, c. 31, s. 506. Election for leave of absence 6.1 (1) Subject to subsection (3), where a contributor is or has been absent from the Force on leave of absence without pay for a period that exceeds three months, the contributor may elect, at the time and in the manner prescribed by the regulations, not to count as pensionable service under clause 6(a)(ii)(A) that portion of the period that is in excess of three months. Contributions not required (2) Notwithstanding section 5, a contributor who makes an election under subsection (1) is not required to contribute to the Superannuation Account or the Royal Canadian Mounted Police Pension Fund under that section in respect of the portion of the period to which the election relates. Exception (3) A contributor is not entitled to make an election under subsection (1) if Current to June 20, 2022 Last amended on June 21, 2019 Royal Canadian Mounted Police Superannuation PART I Superannuation Pensionable Service Sections 6.1-7 (a) the period of leave of absence ended before the day on which that subsection comes into force; and (b) the contributor has, before that day, made all of the contributions that are required to be made by the contributor to the Superannuation Account in respect of that period. Transitional (4) A contributor who makes an election under subsection (1) in respect of a period of leave of absence that ended before the day on which that subsection comes into force and who has, before that day, made some but not all of the contributions that are required to be made by the contributor to the Superannuation Account in respect of that period shall, at the time the election is made, cease to be required to make any further contributions to the Superannuation Account in respect of that period and shall count as pensionable service under clause 6(a)(ii)(A) such portion of that period as is prescribed by the regulations. 1992, c. 46, s. 63; 1999, c. 34, s. 173. Elective Pensionable Service: Amount Required To Be Paid Amount to be paid 7 (1) Subject to section 8, a contributor who is entitled under this Part to count as pensionable service any period of elective service specified in paragraph 6(b) is required to pay, in respect thereof, as follows: (a) in respect of any period specified in clause 6(b)(i)(A), any amount that he would have been required to pay under Part V of the former Act had that Part continued in force; (b) in respect of any period specified in clause 6(b)(i)(B), any amount that he would have been required to pay under Part V of the former Act in force immediately before April 1, 1960; (c) in respect of any period specified in clause 6(b)(ii)(A), an amount determined in the manner prescribed by the regulations; (d) in respect of any period specified in clause 6(b)(ii)(B), an amount equal to the amount that he or she would have been required to contribute had he or she, during that period, been required to contribute (i) if that period or any portion of it was before 1966, in the manner and at the rate set forth in Current to June 20, 2022 Last amended on June 21, 2019 Royal Canadian Mounted Police Superannuation PART I Superannuation Elective Pensionable Service: Amount Required To Be Paid Section 7 subsection 5(1) as it read on December 31, 1965, in respect of that period or portion, (ii) if that period or any portion of it was after 1965 but before April 1, 1969, in the manner and at the rate set forth in subsection 5(1) as it read immediately before April 1, 1969, in respect of that period or portion, (iii) if that period or any portion of it was after March 31, 1969 but before January 1, 2000, in the manner and at the rates set forth in subsection 5(1), as it reads on December 31, 1999, in respect of that period or portion, (iv) if that period or any portion of it was after 1999 but before January 1, 2004, in the manner and at the rates set out in subsection 5(1), as it read on December 31, 2003, in respect of that period or portion, (v) if that period or any portion of it was after 2003 but before January 1, 2013, in the manner and at the rates determined under subsection 5(2), as it read on December 31, 2012, in respect of that period or portion, and (vi) if that period or any portion of it was after 2012, in the manner set out in subsection 5(1) and at the rates determined by the Treasury Board under that subsection, in respect of that period or portion, in respect of pay equal to the pay authorized to be paid to him or her on the most recent occasion on which he or she became a contributor under this Act, together with interest; (e) in respect of any period specified in clause 6(b)(ii)(C), (D), (E), (F) or (G), an amount equal to the amount that he or she would have been required to contribute had he or she, during that period, been required to contribute (i) if that period or any portion of it was before 1966, in the manner and at the rate set forth in subsection 5(1) as it read on December 31, 1965, in respect of that period or portion, (ii) if that period or any portion of it was after 1965 but before April 1, 1969, in the manner and at the rate set forth in subsection 5(1) as it read immediately before April 1, 1969, in respect of that period or portion, (iii) if that period or any portion of it was after March 31, 1969 but before January 1, 2000, in the Current to June 20, 2022 Last amended on June 21, 2019 Royal Canadian Mounted Police Superannuation PART I Superannuation Elective Pensionable Service: Amount Required To Be Paid Section 7 manner and at the rates set forth in subsection 5(1), as it reads on December 31, 1999, in respect of that period or portion, (iv) if that period or any portion of it was after 1999 but before January 1, 2004, in the manner and at the rates set out in subsection 5(1), as it read on December 31, 2003, in respect of that period or portion, (v) if that period or any portion of it was after 2003 but before January 1, 2013, in the manner and at the rates determined under subsection 5(2), as it read on December 31, 2012, in respect of that period or portion, and (vi) if that period or any portion of it was after 2012, in the manner set out in subsection 5(1) and at the rates determined by the Treasury Board under that subsection, in respect of that period or portion, in respect of pay equal to the pay authorized to be paid to him or her on the most recent occasion on which he or she became a contributor under this Act, together with interest; (f) notwithstanding anything in paragraphs (d) and (e) of this subsection, in respect of any period described in clause 6(b)(ii)(H), such amount as is required by section 24 to be paid by him therefor; (g) notwithstanding anything in paragraphs (a) to (f) of this subsection, in respect of any period described in clause 6(b)(ii)(I), an amount equal to the amount of the return of contributions or other lump sum payment referred to in that clause plus the capitalized value, as of the time of the making of that payment to him, of such amounts by way of instalments of the amount required by this Part or Part V of the former Act to be paid by him in respect of that period as were payable by him before the time of the making of that payment to him and remained unpaid by him at that time, together with simple interest at four per cent per annum from that time until the time of the election; (h) notwithstanding anything in this subsection, in respect of any period described in clause 6(b)(ii)(J), an amount equal to the amount that he would have been required to pay if he had elected under this Part, within the time prescribed for the making of the election, to pay for that period, and if, during that period, the rate of pay authorized to be paid to him had been equal to the rate of pay so authorized at the time when he made the election, together with interest; and Current to June 20, 2022 Last amended on June 21, 2019 Royal Canadian Mounted Police Superannuation PART I Superannuation Elective Pensionable Service: Amount Required To Be Paid Sections 7-8 (i) in respect of any period described in clauses 6(b)(ii)(F.1), (K), (L), (M), (N), (O) and (P), the amounts determined in accordance with the regulations. Definition of interest (2) In this section, unless otherwise specified, interest means simple interest at four per cent per annum from the middle of the fiscal year in which the contributions would have been made, had the contributor been required to make those contributions during the period for which he elected to pay, until the time of the election. R.S., 1985, c. R-11, s. 7; 1992, c. 46, s. 64; 1999, c. 34, s. 174; 2012, c. 31, s. 507. Elections Manner of making elections 8 (1) Every election made by a contributor under this Part shall be made by him while a member of the Force and shall be evidenced in writing, in the form prescribed by the regulations, and witnessed, and the original thereof shall be forwarded to the Commissioner of the Royal Canadian Mounted Police, within the time prescribed by this Part for the making of the election or, in the case of an election that may be made by the contributor at any time before he ceases to be a member of the Force, within one month from the time of making the election. Void elections (2) An election under this Part is void in so far as it is (a) an election to pay for any period of service described in any of clauses 6(b)(ii)(A) to (G) that the elector is entitled to count for the purposes of any superannuation or pension benefit of a kind prescribed by the regulations, otherwise than under the provisions of this Part; (b) an election to pay for any period of service described in clause 6(b)(ii)(J), (K) or (L), unless the elector has passed a medical examination, as prescribed by the regulations, within such time immediately Current to June 20, 2022 Last amended on June 21, 2019 Royal Canadian Mounted Police Superannuation PART I Superannuation Elections Section 8 before or after the making of the election as is prescribed by the regulations; (b.1) an election to surrender an annuity, annual allowance or pension under subsection 24(5) on or after December 1, 1995, unless the elector has passed a medical examination, as prescribed by the regulations, within the time immediately before or after the making of the election that is prescribed by the regulations; or (c) an election to pay for any period of service of less than ninety days as defined by the regulations, unless it is service that may be counted under clause 6(b)(ii)(I). Right to elect for part of period (3) A contributor who is entitled under this Part to elect to pay for a period of service is entitled to elect to pay for part only of that period but only that part which is most recent in point of time. Right to amend or revoke (4) An election under this Part may be amended by the elector, within the time prescribed by this Part for the making of the election, by increasing the period or periods of service for which he elects to pay, and is otherwise irrevocable except under such circumstances and on such terms and conditions, including payment by the elector to Her Majesty of such amount in respect of any benefit accruing to the elector during the subsistence of the election, as a consequence of his having so elected, as is prescribed by the regulations. Manner of payment (5) Subject to this section, any amount required by subsection 7(1) to be paid by a contributor in respect of any period of service for which he has elected to pay shall be paid by him into the Superannuation Account (a) in a lump sum, at the time of making the election, or (b) in instalments, on such terms and computed on such bases as to mortality and interest as are prescribed by the regulations, at his option. Current to June 20, 2022 Last amended on June 21, 2019 Royal Canadian Mounted Police Superannuation PART I Superannuation Elections Sections 8-8.1 Election after March 31, 2000 (5.1) For the purposes of subsections (5) and 24(1), an amount required to be paid by a contributor pursuant to an election made after March 31, 2000 shall be paid into the Royal Canadian Mounted Police Pension Fund. Unpaid instalments (6) Where a contributor who has elected under this Part or Part V of the former Act to pay for any period of service and has undertaken to pay for that period by instalments ceases to be a member of the Force before all the instalments have been paid, the unpaid instalments may be reserved, in accordance with the regulations, from any amount payable to him by Her Majesty, including the annuity or other benefit payable to him under this Part, until such time as all the instalments have been paid or the contributor dies, whichever occurs first. Recovery of amounts due (7) When an amount payable by a contributor into the Superannuation Account or the Royal Canadian Mounted Police Pension Fund by reservation from pay and allowances or otherwise has become due, but remains unpaid at the time of death, that amount, with interest at four per cent per annum from the time it became due, may be recovered in accordance with the regulations from any allowance payable under this Part to the survivor or children of the contributor, without prejudice to any other recourse available to Her Majesty with respect to the recovery of it, and any amount so recovered shall be credited to the Superannuation Account or the Royal Canadian Mounted Police Pension Fund and shall be deemed, for the purposes of the definition return of contributions in subsection 9(1), to have been paid into that Account or Fund by the contributor. Special procedures for certain elections (8) When an election is made to count as pensionable service a period of service specified in clause 6(b)(ii)(F.1), (L), (M), (N), (O) or (P), this section applies in the manner and to the extent set out in the regulations. R.S., 1985, c. R-11, s. 8; 1992, c. 46, s. 65; 1999, c. 34, s. 175. Recovery of annuity paid in error 8.1 Where any amount has been paid in error under this Part or Part III on account of any annuity, annual allowance or supplementary benefit, the Minister may retain by way of deduction from any subsequent payment of that annuity, allowance or supplementary benefit, in the manner prescribed by the regulations, an amount equal to the amount paid in error, without prejudice to Current to June 20, 2022 Last amended on June 21, 2019 Royal Canadian Mounted Police Superannuation PART I Superannuation Elections Sections 8.1-9 any other recourse available to Her Majesty with respect to the recovery thereof. 1992, c. 46, s. 66. Benefits: How Computed, etc. Definitions 9 (1) In this Part, annuity means an annuity computed in accordance with section 10; (annuité) cash termination allowance means an amount equal to one month’s pay for each year of pensionable service to the credit of the contributor, computed on the basis of the rate of pay authorized to be paid to him or her at the time he or she ceases to be a member of the Force, minus an amount equal to the amount by which (a) the total amount the contributor would have been required to contribute to the Superannuation Account or the Royal Canadian Mounted Police Pension Fund up to the time he or she ceases to be a member of the Force, other than interest or charges for payments by instalments, in respect of service after 1965, if he or she had contributed on the basis of the rate set forth in subsection 5(1) as it read on December 31, 1965, exceeds (b) the total amount the contributor was required to contribute to the Superannuation Account or the Royal Canadian Mounted Police Pension Fund up to the time he or she ceases to be a member of the Force, other than interest or charges for payments by instalments, in respect of service after 1965; (allocation de cessation en espèces) deferred annuity means an annuity that becomes payable to the contributor at the time he reaches sixty years of age; (annuité différée) immediate annuity means an annuity that becomes payable to the contributor immediately on his becoming entitled thereto; (annuité immédiate) recipient means a person to whom any amount is or is about to become payable under this Part; (prestataire) return of contributions means a return of (a) the amount paid by the contributor into the Superannuation Account or the Royal Canadian Mounted Police Pension Fund but not including any amount so Current to June 20, 2022 Last amended on June 21, 2019 Royal Canadian Mounted Police Superannuation PART I Superannuation Benefits: How Computed, etc. Section 9 paid pursuant to subsection 39(7) of the Public Service Superannuation Act, and (b) any amount paid by him or her into any other account or fund, together with interest, if any, that has been transferred to the Superannuation Account or the Royal Canadian Mounted Police Pension Fund, to the extent that the amount remains to his or her credit in the Superannuation Account or the Royal Canadian Mounted Police Pension Fund, together with interest, if any, calculated pursuant to subsection (6). (remboursement de contributions) transfer value means a lump sum amount, representing the value of the contributor’s pension benefits, as determined in accordance with the regulations. (valeur de transfert) Duration of payment, etc., to contributor (2) Where an annuity or annual allowance becomes payable under this Part to a contributor, it shall, subject to the regulations, be paid in equal monthly instalments in arrears and shall continue, subject to this Part, during the lifetime of the contributor and thereafter until the end of the month during which he dies, and any amount in arrears thereof that remains unpaid at any time after his death shall be paid as provided in section 15, in respect of a return of contributions. Duration of payment, etc., to survivor or child (3) When an annual allowance becomes payable under this Part to a survivor or child, it shall, subject to the regulations, be paid in equal monthly instalments in arrears and shall continue, subject to this Part, until the end of the month during which the recipient dies or otherwise ceases to be entitled to receive an annual allowance, and any amount in arrears that remains unpaid at any time after the death of the recipient shall be paid to the estate or succession of the recipient or, if less than one thousand dollars, as the Minister may direct. Options (4) Where, under section 11, a contributor is entitled to a return of contributions or, at his option, to any other benefit specified therein, (a) if he fails to exercise the option within one year from the time he became so entitled, he shall be deemed to have exercised it in favour of a deferred annuity; and Current to June 20, 2022 Last amended on June 21, 2019 Royal Canadian Mounted Police Superannuation PART I Superannuation Benefits: How Computed, etc. Section 9 (b) if, without having exercised the option, he becomes a contributor under the Public Service Superannuation Act or the Canadian Forces Superannuation Act, he shall be deemed to have exercised the option, immediately before becoming a contributor under that Act, in favour of a deferred annuity. Revocation of option (5) Where, under section 11, a contributor is entitled to a benefit therein specified at his option, the option may be revoked and a new option exercised by the contributor, under such circumstances and on such terms and conditions as the Governor in Council by regulation prescribes. Interest on return of contributions (6) For the purposes of the definition return of contributions in subsection (1), interest shall be calculated in the manner that the regulations provide and on the balances that are determined in accordance with the regulations, (a) at the rate of four per cent, compounded annually, for any period before January 1, 2001; and (b) at the rates established in the regulations made under paragraph 26.1(1)(c.3) compounded quarterly, for any period beginning on or after January 1, 2001. Benefits not assignable, etc. (7) Subject to Part II of the Garnishment, Attachment and Pension Diversion Act and to the Pension Benefits Division Act, (a) a benefit under this Part or Part III is not capable of being assigned, charged, anticipated or given as security and any transaction that purports to assign, charge, anticipate or give as security any such benefit is void; (b) a benefit to which a contributor, survivor or child is entitled under this Part or Part III is not capable of being surrendered or commuted during the lifetime of that person except under section 12.1 or subsection 18(2) and any other transaction that purports to so surrender or commute any such benefit is null and void; and (c) a benefit under this Part or Part III is exempt from attachment, seizure and execution, either at law or in equity. R.S., 1985, c. R-11, s. 9; 1992, c. 46, s. 67; 1999, c. 34, s. 176; 2003, c. 26, s. 57. Current to June 20, 2022 Last amended on June 21, 2019 Royal Canadian Mounted Police Superannuation PART I Superannuation Benefits: How Computed, etc. Section 10 Computation of annuities 10 (1) The amount of any annuity to which a contributor may become entitled under this Part is an amount equal to the aggregate of (a) an amount equal to (i) the number of years of pensionable service to the credit of the contributor occurring in the period preceding the day on which this subsection comes into force, not exceeding thirty-five, divided by fifty, multiplied by (ii) the average annual pay received by the contributor during any five-year period of pensionable service selected by or on behalf of the contributor, or during any period so selected consisting of consecutive periods of pensionable service totalling five years, or (iii) in the case of a contributor who has to the contributor’s credit less than five years of pensionable service, the average annual pay received by the contributor during the period of pensionable service to the contributor’s credit, and (b) an amount equal to (i) the number of years of pensionable service to the credit of the contributor occurring in the period on and after the day on which this subsection comes into force, not exceeding thirty-five years less the number of years of pensionable service to the credit of the contributor under subparagraph (a)(i), divided by fifty, multiplied by the lesser of (ii) the average annual pay received by the contributor during the period referred to in subparagraph (a)(ii) or (iii), as applicable, and (iii) the annual rate of pay that is fixed by the regulations made under paragraph 26.1(1)(a), or that may be determined in the manner prescribed by those regulations, and in force on the day on which the contributor most recently ceased to be a member of the Force. Deduction from annuity (2) Notwithstanding subsection (1), unless the Minister is satisfied that a contributor (a) has not reached the age of sixty-five years, and Current to June 20, 2022 Last amended on June 21, 2019 Royal Canadian Mounted Police Superannuation PART I Superannuation Benefits: How Computed, etc. Section 10 (b) has not become entitled to a disability pension payable under paragraph 44(1)(b) of the Canada Pension Plan or a provision of a provincial pension plan similar to the Canada Pension Plan, there shall be deducted from the amount of any annuity to which that contributor is entitled under this Part an amount equal to the percentage, as set out in subsection (2.1), of (c) the average annual pay received by the contributor during the period of pensionable service described in subsection (1) applicable to him or her, not exceeding his or her Average Maximum Pensionable Earnings, multiplied by (d) the number of years of pensionable service after 1965 or after he or she has attained the age of eighteen years, whichever is the later, to the credit of the contributor, not exceeding thirty-five, divided by fifty. Percentages (2.1) For the purposes of subsection (2), the percentage that applies in respect of a contributor is (a) 35%, if the contributor was born before 1943; (b) 34.25%, if the contributor was born in 1943; (c) 33.5%, if the contributor was born in 1944; (d) 32.75% if the contributor was born in 1945; (e) 32%, if the contributor was born in 1946; and (f) 31.25%, if the contributor was born after 1946. Definitions (3) For the purposes of subsection (2), Average Maximum Pensionable Earnings means, with respect to any contributor, the average of the Year’s Maximum Pensionable Earnings for the year in which he or she ceased to be a member of the Force and for each of the four preceding years; (moyenne des maximums des gains ouvrant droit à pension) Current to June 20, 2022 Last amended on June 21, 2019 Royal Canadian Mounted Police Superannuation PART I Superannuation Benefits: How Computed, etc. Section 10 Year’s Maximum Pensionable Earnings has the same meaning as in the Canada Pension Plan. (maximum des gains annuels ouvrant droit à pension) Pay deemed to have been received during certain periods (4) For the purposes of this section, (a) a person who has to his credit pensionable service that includes any period described in any of clauses 6(b)(ii)(A) to (G) shall be deemed to have received during that period pay at a rate equal to the rate of pay on the basis of which the amount required by this Act to be paid by him for that period of service was determined. (b) a person who has to their credit pensionable service that includes any period described in any of clauses 6(b)(ii)(L), (O) and (P) and subsection 24.1(9) is deemed to have received during that period the annual rate of pay that is fixed by or determined in the manner prescribed by the regulations. Computation of average annual pay (5) For the purposes of subparagraphs (1)(a)(ii) and (iii), a period of service during which a person continues to be a member of the Force and is required to make contributions under subsection 5(2), or was required to make contributions under subsection 5(5), (6) or (7) as it read on December 31, 2012, is deemed to be a period of pensionable service to his or her credit. Application (6) Subparagraphs (1)(a)(ii) and (iii), as enacted by subsection 16(1) of the Budget Implementation Act, 1999, apply with respect to benefits payable to or in respect of a person who contributes under section 5 on or after June 17, 1999 but do not apply to a person who became entitled to an annuity before that date, is re-appointed to or re-enlisted in the Force and is a contributor referred to in section 23 and who, on subsequently ceasing to be a member of the Force, is only entitled to a return of contributions. Application (7) The definition Average Maximum Pensionable Earnings in subsection (3), as enacted by subsection 16(2) of the Budget Implementation Act, 1999, applies Current to June 20, 2022 Last amended on June 21, 2019 Royal Canadian Mounted Police Superannuation PART I Superannuation Benefits: How Computed, etc. Sections 10-11 only with respect to deductions from annuities made under subsection (2) that take effect on or after the day on which this subsection comes into force. R.S., 1985, c. R-11, s. 10; 1992, c. 46, s. 68; 1999, c. 26, s. 16, c. 34, s. 177; 2003, c. 26, s. 58; 2006, c. 4, s. 206; 2009, c. 13, s. 4; 2012, c. 31, s. 508. Payment of Benefits Benefits payable on retirement 11 (1) A contributor who, having reached retirement age, ceases to be a member of the Force for any reason other than disability or misconduct is entitled to a benefit determined as follows: (a) if he or she has served in the Force for a period that is less than the period prescribed by the regulations for the purposes of this paragraph, he or she is entitled to (i) a return of contributions, or (ii) a cash termination allowance, whichever is the greater; and (b) if he or she has served in the Force for a period equal to or greater than the period prescribed by the regulations for the purposes of paragraph (a), he or she is entitled to an immediate annuity. Retirement due to disability (2) A contributor who is compulsorily retired from the Force by reason of having become disabled is entitled to a benefit determined as follows: (a) if he or she has to his or her credit a period of pensionable service less than the period prescribed by the regulations for the purposes of this paragraph, he or she is entitled to (i) a return of contributions, or (ii) a cash termination allowance, whichever is the greater; and (b) if he or she has to his or her credit a period of pensionable service equal to or greater than the period prescribed by the regulations for the purposes of paragraph (a), he or she is entitled to an immediate annuity. Retirement to promote economy or efficiency (3) A contributor who, not having reached retirement age, is compulsorily retired from the Force to promote Current to June 20, 2022 Last amended on June 21, 2019 Royal Canadian Mounted Police Superannuation PART I Superannuation Payment of Benefits Section 11 economy or efficiency is entitled to a benefit determined as follows: (a) if he or she has served in the Force for a period that is less than the period prescribed by the regulations for the purposes of this paragraph, he or she is entitled to a return of contributions; (b) if he or she has served in the Force for a period equal to or greater than the period prescribed by the regulations for the purposes of paragraph (a) but less than the period prescribed by the regulations for the purposes of paragraph (c), he or she is entitled to (i) [Repealed, 2003, c. 26, s. 45] (ii) a deferred annuity, or (iii) in the case of a contributor whose retirement is due to a reduction in the total number of members of the Force, and in any other case in the discretion of the Treasury Board, an immediate annuity, reduced, until the time that the contributor reaches sixty-five years of age but not after that, by five per cent for each full year not exceeding six by which the period of service in the Force is less than the period prescribed by the regulations for the purposes of paragraph (c), at his or her option; and (c) if he or she has served in the Force for a period equal to or greater than the period prescribed by the regulations for the purposes of this paragraph, he or she is entitled to an immediate annuity. Dismissal for misconduct (4) A contributor who is compulsorily retired from the Force by reason of misconduct is entitled to (a) a return of contributions; or (b) in the discretion of the Treasury Board, the whole or any part specified by the Treasury Board of any benefit to which he or she would have been entitled under this section if (i) in the case of a contributor who at the time of his or her retirement had reached retirement age, he or she had ceased to be a member of the Force for any reason other than disability or misconduct, or (ii) in the case of a contributor who at the time of his or her retirement had not reached retirement age, he or she had been compulsorily retired from the Force to promote economy or efficiency due to a Current to June 20, 2022 Last amended on June 21, 2019 Royal Canadian Mounted Police Superannuation PART I Superannuation Payment of Benefits Section 11 reduction in the total number of members of the Force, except that in no case shall the capitalized value of the benefit be less than the amount of the return of contributions referred to in paragraph (a). Retirement for other reasons (5) A contributor who, not having reached retirement age, ceases to be a member of the Force for any reason other than disability, misconduct or to promote economy or efficiency is entitled to a benefit determined as follows: (a) if the contributor has served in the Force for a period that is less than the period prescribed by the regulations for the purposes of this paragraph, the contributor is entitled to a return of contributions; (b) if the contributor has served in the Force for a period equal to or greater than the period prescribed by the regulations for the purposes of paragraph (a) but less than the period prescribed by the regulations for the purposes of paragraph (c), the contributor is entitled to a deferred annuity; (c) if the contributor has served in the Force for a period equal to or greater than the period prescribed by the regulations for the purposes of this paragraph but less than the period prescribed by the regulations for the purposes of paragraph (d), the contributor is entitled to an annual allowance payable immediately on the contributor ceasing to be a member of the Force reduced by five per cent for each full year by which (i) the period of the contributor’s service in the Force is less than the period prescribed by the regulations for the purposes of paragraph (d), or (ii) the contributor’s age at the time of retirement is less than the retirement age applicable to the contributor’s rank, whichever is the lesser; and (d) if the contributor has served in the Force for a period equal to or greater than the period prescribed by the regulations for the purposes of this paragraph, the contributor is entitled to an immediate annuity. (6) [Repealed, 1999, c. 34, s. 178] Benefits payable on retirement (7) When a contributor who is a member of the Force not holding a rank in the Force, having reached Current to June 20, 2022 Last amended on June 21, 2019 Royal Canadian Mounted Police Superannuation PART I Superannuation Payment of Benefits Section 11 retirement age, ceases to be a member of the Force for any reason other than misconduct, he or she is entitled, (a) if at the time he or she ceases to be a member of the Force, he or she has to his or her credit a period of pensionable service less than the period prescribed by the regulations for the purposes of this paragraph, to a return of contributions; and (b) if at the time he or she ceases to be a member of the Force he or she has to his or her credit a period of pensionable service equal to or greater than the period prescribed by the regulations for the purposes of paragraph (a), to an immediate annuity. Retirement due to disability (8) When a contributor who is a member of the Force not holding a rank in the Force is compulsorily retired from the Force by reason of having become disabled, he or she is entitled, (a) if at the time he or she is so compulsorily retired he or she has to his or her credit a period of pensionable service less than the period prescribed by the regulations for the purposes of this paragraph, to (i) a return of contributions, or (ii) a cash termination allowance, whichever is the greater; and (b) if at the time he or she is so compulsorily retired he or she has to his or her credit a period of pensionable service equal to or greater than the period prescribed by the regulations for the purposes of paragraph (a), to an immediate annuity. Contributors with period of service in the Force at least equal to prescribed period (9) When a contributor who is a member of the Force not holding a rank in the Force ceases, after serving in the Force for a period equal to or greater than the period prescribed by the regulations for the purposes of paragraph 7(a) but less than the period prescribed for the purposes of subsection (12), to be a member of the Force, for any reason other than disability or misconduct, he or she is entitled, (a) if at the time he or she ceases to be a member of the Force he or she has reached the age prescribed by the regulations for the purposes of this paragraph and has to his or her credit not fewer than the number of years of pensionable service prescribed by the regulations for the purposes of this paragraph, to an annuity Current to June 20, 2022 Last amended on June 21, 2019 Royal Canadian Mounted Police Superannuation PART I Superannuation Payment of Benefits Section 11 payable immediately on his or her ceasing to be a member of the Force; or (b) in any other case, at his or her option, (i) to a deferred annuity, or (ii) if at the time he or she ceases to be a member of the Force he or she has reached the age prescribed by the regulations for the purposes of this subparagraph and has to his or her credit not fewer than the number of years of pensionable service prescribed by the regulations for the purposes of this subparagraph, to an annual allowance, payable immediately on exercising the option, equal to the amount of the deferred annuity referred to in subparagraph (i) reduced by the product obtained by multiplying five per cent of the amount of that annuity by (A) the age prescribed by the regulations for the purposes of paragraph (a) minus his or her age in years, to the nearest one-tenth of a year, on exercising the option, or (B) the number of years of pensionable service prescribed by the regulations for the purposes of paragraph (a) minus the number of years, to the nearest one-tenth of a year, of pensionable service to his or her credit, whichever is the greater, (iii) if at the time he or she ceases to be a member of the Force, he or she has reached the age prescribed by the regulations for the purposes of this subparagraph, has been a member of the Force for a period of or for periods totalling at least the number of years prescribed by the regulations for the purposes of this subparagraph and does not voluntarily cease to be a member of the Force, to an annual allowance, payable immediately on his or her so ceasing to be a member of the Force, equal to the amount of the deferred annuity referred to in subparagraph (i) reduced by the product obtained by multiplying (A) five per cent of the amount of that annuity by (B) the number of years of pensionable service prescribed by the regulations for the purposes of this clause minus the number of years, to the nearest one-tenth of a year, of pensionable service to his or her credit, Current to June 20, 2022 Last amended on June 21, 2019 Royal Canadian Mounted Police Superannuation PART I Superannuation Payment of Benefits Section 11 except that in any such case the whole or any part of the reduction provided for by this subparagraph may be waived by the Treasury Board, or (iv) to an annual allowance, payable (A) immediately on exercising the option, in the case of a contributor who has reached the age prescribed by the regulations for the purposes of subparagraph (b)(ii), or (B) on his or her reaching the age prescribed by the regulations for the purposes of subparagraph (b)(ii), in the case of a contributor who exercises the option when less than that age, which allowance shall be equal to the amount of the deferred annuity referred to in subparagraph (i) reduced by the product obtained by multiplying (C) five per cent of the amount of that annuity by (D) sixty minus his or her age in years, to the nearest one-tenth of a year, at the time the allowance becomes payable. (v) [Repealed, 2003, c. 26, s. 45] Dismissal for misconduct (10) When a contributor who is a member of the Force not holding a rank in the Force is compulsorily retired from the Force by reason of misconduct, he or she is entitled (a) to a return of contributions; or (b) with the consent of the Treasury Board, to the whole or any part specified by the Treasury Board of any benefit to which he or she would have been entitled under subparagraph (5)(b)(ii) or under subsection (7), (8), (9) or (12) had he or she, at the time of dismissal, ceased to be a member of the Force for a reason other than misconduct, except that in no case shall the capitalized value of the benefit be less than the return of contributions referred to in paragraph (a). Return of contributions (11) Despite anything in this section, except as provided for in subsection (2), (7), (8), (10) or (11.1), a contributor who ceases to be a member of the Force after serving in the Force for a period less than the period prescribed by the regulations for the purposes of paragraph (7)(a) is entitled only to a return of contributions. Current to June 20, 2022 Last amended on June 21, 2019 Royal Canadian Mounted Police Superannuation PART I Superannuation Payment of Benefits Sections 11-12 Entitlement to deferred annuity (11.1) A contributor who ceases to be a member of the Force after serving in the Force for a period less than the period prescribed by the regulations for the purposes of paragraph (7)(a) is entitled to a deferred annuity if they (a) have to their credit two or more years of pensionable service in respect of which they have made an election under subsection 24(5) or under any regulations made under subsection 27(2); and (b) are not entitled to an immediate annuity. Members not holding a rank in the Force (12) A member of the Force not holding a rank in the Force is entitled to an immediate annuity if that person has served in the Force for a period equal to or greater than the period prescribed by the regulations for the purposes of this subsection. Service in Force (13) For the purposes of this section, in calculating the length of service in the Force of a contributor, there shall not be included any period of service in respect of which they were paid a return of contributions or other lump sum payment under this Part and for which they did not elect to pay. R.S., 1985, c. R-11, s. 11; 1992, c. 46, s. 69; 1999, c. 34, s. 178; 2003, c. 26, s. 45; 2009, c. 13, s. 5. Benefit payable in case of disability after retirement 12 (1) A contributor who, not having reached sixty years of age but having become entitled under this Part to a deferred annuity, or not having reached fifty years of age but having become entitled under this Part to an annual allowance payable on reaching fifty years of age, becomes disabled ceases to be entitled to that deferred annuity or annual allowance and becomes entitled to an immediate annuity. Idem (2) Where a contributor who has not reached sixty years of age but who has become entitled under subsection (1) to an immediate annuity is certified, in accordance with the regulations, to have regained his health or to be capable of performing his duties as a member of the Force or any other duties as a member of the Force commensurate with his qualifications, he ceases to be entitled to that immediate annuity and becomes entitled to (a) a deferred annuity, or Current to June 20, 2022 Last amended on June 21, 2019 Royal Canadian Mounted Police Superannuation PART I Superannuation Payment of Benefits Sections 12-12.1 (b) an annual allowance, payable immediately in the case of a contributor fifty or more years of age, or payable on reaching fifty years of age in the case of a contributor less than fifty years of age, which allowance shall be the actuarial equivalent, determined in prescribed manner, of the deferred annuity referred to in paragraph (a), at his option. R.S., c. R-11, s. 11. Transfer value 12.1 (1) Despite any other provision of this Act, except subsection 24.1(6), but subject to the regulations, a contributor who has ceased to be a member of the Force, has served in the Force for a period equal to or greater than the period prescribed by the regulations and is not entitled to an immediate annuity is entitled, in the place of any other benefit under this Act to which the contributor would otherwise be entitled in respect of the pensionable service that the contributor has to their credit, to a transfer value that is payable to the contributor in accordance with subsection (2). Where transferred (2) The payment of a transfer value to which a contributor may be entitled under subsection (1) is effected by transferring it to, at the direction of the contributor, (a) a pension plan selected by the contributor that is registered under the Income Tax Act, if that pension plan so permits; (b) a retirement savings plan or fund for the contributor that is of the kind prescribed by the regulations; or (c) a financial institution authorized to sell immediate or deferred life annuities of the kind prescribed by the regulations, for the purchase from that financial institution of such an annuity for the contributor. Election to pay by instalments (3) If a contributor who is entitled to a transfer value has elected to pay for a period of pensionable service by means of instalments, the transfer value shall be determined in accordance with the regulations and by reference to the portion of the period of pensionable service that the contributor has paid for at the time prescribed in the regulations. Election (4) Once a transfer has been made under subsection (1), a person who is re-appointed or re-enlisted as a member of the Force after the transfer and becomes a contributor Current to June 20, 2022 Last amended on June 21, 2019 Royal Canadian Mounted Police Superannuation PART I Superannuation Payment of Benefits Sections 12.1-13 may only count as pensionable service the period of service to which the transfer relates if they elect, in accordance with the terms and conditions prescribed by the regulations, to pay the amount prescribed by the regulations at the time and in the manner prescribed by the regulations. 1999, c. 34, s. 179; 2003, c. 26, s. 46. Return of contributions 12.2 (1) Any return of contributions to which a contributor is entitled shall be paid in accordance with section 12.1 in respect of any period of service that is included in the contributor’s pensionable service and in respect of which (a) a payment has been made into the Superannuation Account or the Royal Canadian Mounted Police Pension Fund (i) under an agreement entered into under section 24.1, or (ii) in respect of an election made by a contributor under this Part; and (b) at the time the payment was made, the Pension Benefits Standards Act, 1985 or a substantially similar provincial law required the locking-in of contributions. Deeming (2) For the purposes of this section, paragraph (b) of the definition return of contributions in subsection 9(1) is deemed to include a reference to the total payment made under an agreement entered into under section 24.1 or in respect of an election made by a contributor under this Part. 2009, c. 13, s. 6. Commuted value or transfer value 12.3 If a contributor is entitled to a return of contributions in respect of any period of service for which the contributor has made an election referred to in clause 6(b)(ii)(O), the return of contributions in respect of that period shall be paid in accordance with section 12.1. 2009, c. 13, s. 6. Benefits payable on death 13 (1) On the death of a contributor who, at the time of the contributor’s death, was entitled under this Part to an annuity or annual allowance, the survivor and children of the contributor are entitled to the following allowances, computed on the basis of the product obtained by multiplying the average annual pay received by the contributor Current to June 20, 2022 Last amended on June 21, 2019 Royal Canadian Mounted Police Superannuation PART I Superannuation Payment of Benefits Section 13 during the period specified in subparagraph 10(1)(a)(ii), by the number of years of pensionable service to the contributor’s credit, one one-hundredth of the product so obtained being hereinafter referred to as the “basic allowance”: (a) in the case of the survivor, an immediate annual allowance equal to the basic allowance, and (b) in the case of each child, an immediate annual allowance equal to one-fifth of the basic allowance or, if the contributor died without leaving a survivor, the survivor is dead or the survivor is not entitled to receive an allowance under this Part, other than an immediate annual allowance under section 14.1, twofifths of the basic allowance, but the total amount of the allowances paid under paragraph (b) shall not exceed four-fifths of the basic allowance or, if the contributor died without leaving a survivor, the survivor is dead or the survivor is not entitled to receive an allowance under this Part, other than an immediate annual allowance under section 14.1, eight-fifths of the basic allowance. Idem (2) Where, in computing the allowances to which the children of a contributor are entitled under subsection (1), it is determined that there are more than four children of the contributor entitled to an allowance, the total amount of the allowances shall be apportioned among the children in such shares as the Minister deems just and proper under the circumstances. Benefits (3) On the death of a contributor who was a member of the Force at the time of death, having to his or her credit a period of pensionable service equal to or greater than the period prescribed by the regulations, the survivor and children of the contributor are entitled to the annual allowances to which they would have been entitled under subsection (1) had the contributor, immediately before death, become entitled under this Part to an annuity or annual allowance. Definition of child (4) For the purposes of this section, child means a child of the contributor who (a) is less than eighteen years of age; or (b) is eighteen or more years of age but less than twenty-five years of age, and is in full-time attendance at a school or university, having been in such attendance substantially without interruption since the Current to June 20, 2022 Last amended on June 21, 2019 Royal Canadian Mounted Police Superannuation PART I Superannuation Payment of Benefits Sections 13-14.1 child reached eighteen years of age or the contributor died, whichever occurred later. R.S., 1985, c. R-11, s. 13; 1989, c. 6, s. 25; 1992, c. 46, s. 70; 1999, c. 34, s. 180; 2003, c. 26, s. 59. Benefits payable on death 14 On the death of a contributor who was a member of the Force at the time of death, having to his or her credit a period of pensionable service less than the period prescribed by the regulations, the survivor and children of the contributor, in any case where the contributor died leaving a survivor or a child less than eighteen years of age, are entitled jointly to a death benefit equal to (a) a return of contributions, or (b) an amount equal to one month’s pay for each year of pensionable service to the credit of the contributor, computed on the basis of the rate of pay authorized to be paid to him at the time of his death, whichever is the greater. R.S., 1985, c. R-11, s. 14; 1999, c. 34, s. 181; 2003, c. 26, s. 60. Election for benefit 14.1 (1) If the person to whom a contributor is married or with whom he or she is cohabiting in a relationship of a conjugal nature, having so cohabited for a period of at least one year, would not be entitled to an immediate annual allowance under any other provision of this Part in the event of the contributor’s death, the contributor may elect, in accordance with the regulations, to reduce the amount of the annuity or annual allowance to which the contributor is entitled in order that the person could become entitled to an immediate annual allowance under subsection (2). Payment (2) A person referred to in subsection (1) is entitled to an immediate annual allowance in an amount determined in accordance with the election and the regulations if the contributor dies and the election is not revoked or deemed to have been revoked, and the person was married to the contributor at the time of the contributor’s death, or was cohabiting with the contributor in a relationship of a conjugal nature for a period of at least one year immediately before the contributor’s death. No entitlement (3) A person who is entitled to receive an annual allowance under section 18 after the contributor’s death is not entitled to an immediate annual allowance under subsection (2) in respect of that contributor. 1992, c. 46, s. 71; 1999, c. 34, s. 182; 2000, c. 12, s. 288. Current to June 20, 2022 Last amended on June 21, 2019 Royal Canadian Mounted Police Superannuation PART I Superannuation Payments to Survivors, Children and Other Beneficiaries Section 15 Payments to Survivors, Children and Other Beneficiaries Lump sum payments 15 Where, in this Part, it is provided that the survivor and children of a contributor are entitled jointly to a return of contributions or an amount described in paragraph 14(b), the total amount shall be paid to the survivor of the contributor except that (a) if at the time of the death of the contributor all of the children were eighteen years of age or over and at the time the payment is to be made the survivor is dead or cannot be found, the total amount shall be paid to the children in equal shares; (b) if at the time of the death of the contributor any of the children were less than eighteen years of age, and the contributor died without leaving a survivor or at the time the payment is to be made the survivor is dead or cannot be found, the total amount shall be paid to the children in the shares that the Minister considers equitable and proper under the circumstances, or to any of them, as the Minister may direct; (c) if any of the children who were less than eighteen years of age at the time of the death of the contributor are living apart from the contributor’s survivor at the time the payment is to be made, the total amount shall be paid to the survivor and the children so living apart from the survivor in such shares as the Minister considers equitable and proper under the circumstances, or to the survivor or any of the children so living apart, as the Minister may direct; and (d) if the contributor died without leaving any children and at the time the payment is to be made the contributor’s survivor is dead or cannot be found, or if the contributor died without leaving a survivor and at the time the payment is to be made all of the children are dead or cannot be found, the total amount shall be paid (i) if the contributor, pursuant to any regulations made under section 26, named his or her estate or succession as beneficiary or named another beneficiary who may be named under those regulations and the beneficiary survives the contributor, to the beneficiary, and (ii) in any other case, to the estate or succession of the contributor or, if less than one thousand dollars, as the Minister may direct. R.S., 1985, c. R-11, s. 15; 1999, c. 34, s. 183. Current to June 20, 2022 Last amended on June 21, 2019 Royal Canadian Mounted Police Superannuation PART I Superannuation Payments to Survivors, Children and Other Beneficiaries Sections 15.1-18 Apportionment when two survivors 15.1 (1) If there are two survivors of a contributor, the share of the total amount referred to in section 15 to be paid to the survivor referred to in paragraph (a) of the definition survivor in subsection 3(1) and the share to be paid to the survivor referred to in paragraph (b) of that definition shall be paid as the Minister may direct. Share may be nil (2) Nothing in subsection (1) is to be read as limiting the Minister’s power to direct that the share of one or other of the survivors under that subsection is nil. 1999, c. 34, s. 183. 16 [Repealed, 1989, c. 6, s. 26] Allowances paid to children 17 (1) Where a child of a contributor is entitled to an annual allowance or other amount under this Part, payment thereof shall, if the child is less than eighteen years of age, be made to the person having the custody and control of the child, or, where there is no person having the custody and control of the child, to such person as the Minister may direct. (2) [Repealed, 1999, c. 34, s. 184] R.S., 1985, c. R-11, s. 17; 1999, c. 34, s. 184. Person considered to be the survivor 18 (1) For the purposes of this Part, when a person establishes that he or she was cohabiting in a relationship of a conjugal nature with the contributor for at least one year immediately before the death of the contributor, the person is considered to be the survivor of the contributor. Person considered to be married (1.1) For the purposes of this Part, when a contributor dies and, at the time of death, the contributor was married to a person with whom the contributor had been cohabiting in a relationship of a conjugal nature for a period immediately before the marriage, that person is considered to have become married to the contributor on the day established as being the day on which the cohabitation began. When survivor not to receive annual allowance — waiver (2) A survivor is not entitled to receive an annual allowance if the survivor makes an irrevocable waiver under subsection (3). Permitted waivers (3) A survivor may make an irrevocable waiver in writing only if it results in Current to June 20, 2022 Last amended on June 21, 2019 Royal Canadian Mounted Police Superannuation PART I Superannuation Payments to Survivors, Children and Other Beneficiaries Section 18 (a) an increase in the allowance payable to a child under paragraph 13(1)(b); or (b) a benefit being paid under section 22. Time for waiver (4) A waiver must be made no later than three months after the survivor is notified of his or her entitlement to an allowance under this Act and takes effect as of the date of the death of the contributor. When survivor not to receive benefits — criminal responsibility for death (5) A survivor is not entitled to receive any benefit under this Act with respect to the contributor when the contributor dies and the survivor is found criminally responsible for the death. When survivor not to receive annual allowance — missing survivor (6) A survivor is not entitled to receive an annual allowance when the contributor dies if it is established to the satisfaction of the Minister that the survivor cannot be found. Apportionment of allowance when two survivors (7) When an annual allowance is payable under paragraph 13(1)(a) and there are two survivors of the contributor, the total amount of the annual allowance shall be apportioned so that (a) the survivor referred to in paragraph (a) of the definition survivor in subsection 3(1) is entitled to receive the proportion of the annual allowance that the total of the number of years that he or she cohabited with the contributor while married to the contributor and the number of years that he or she cohabited with the contributor in a relationship of a conjugal nature bears to the total number of years that the contributor so cohabited with the survivors; and (b) the survivor referred to in paragraph (b) of that definition is entitled to receive the proportion of the annual allowance that the number of years that he or she cohabited with the contributor in a relationship of a conjugal nature bears to the total number of years that the contributor cohabited with the survivors, either while married or while in a relationship of a conjugal nature. Current to June 20, 2022 Last amended on June 21, 2019 Royal Canadian Mounted Police Superannuation PART I Superannuation Payments to Survivors, Children and Other Beneficiaries Sections 18-19 Years (8) In determining a number of years for the purposes of subsection (7), part of a year shall be counted as a full year if the part is six or more months and shall be ignored if it is less. Death, etc. of one of the survivors (9) When one of the survivors referred to in subsection (7) dies or is not entitled to receive a benefit under this Act when the contributor dies, the portion of the annual allowance that would have been payable to the survivor who died or is not entitled shall be paid to the remaining survivor in addition to his or her own portion. R.S., 1985, c. R-11, s. 18; 1992, c. 46, s. 72; 1999, c. 34, s. 185. Marriage, etc., after sixty years of age 19 (1) Subject to section 14.1 but notwithstanding any other provision of this Part, the survivor of a contributor is not entitled to an annual allowance in respect of the contributor under this Part if at the time the contributor married the survivor or began to cohabit with the survivor in a relationship of a conjugal nature, the contributor had attained the age of sixty years unless, after that time, that person became or continued to be a contributor. Child born after parent 60 years of age (2) Notwithstanding anything in this Part, except as provided in the regulations, a child who was born to or adopted by a person or who became the stepchild of a person at a time when that person was over sixty years of age is not entitled to any annual allowance under this Part, unless, after that time, that person became or continued to be a contributor. Death within one year of marriage (3) Notwithstanding anything in this Part, when a contributor dies within one year after marriage, no annual allowance is payable to the survivor or children of that marriage unless it is established to the satisfaction of the Minister that the contributor was at the time of marriage in such a condition of health as to justify the contributor in having an expectation of surviving for at least one year after the marriage. (4) [Repealed, 1989, c. 6, s. 27] Saving provision (5) Nothing in this section shall be held to prejudice any right that a child of an earlier marriage of the contributor has to an allowance under section 13. Current to June 20, 2022 Last amended on June 21, 2019 Royal Canadian Mounted Police Superannuation PART I Superannuation Payments to Survivors, Children and Other Beneficiaries Sections 19-21 Transitional (6) Notwithstanding anything in this Act, no person is entitled to an allowance under this Part by virtue of being or being deemed to be the survivor of a female contributor if the contributor was not a member of the Force on or after December 20, 1975, and section 2 does not apply in respect of this subsection. R.S., 1985, c. R-11, s. 19; 1989, c. 6, s. 27; 1992, c. 46, s. 73; 1999, c. 34, s. 186. 19.1 [Repealed, 1999, c. 34, s. 187] Diversion of Amounts Payable in Certain Cases Payment to dependants of recipient 20 (1) When any court in Canada of competent jurisdiction has made an order requiring a recipient to pay financial support, amounts payable to the recipient under this Part or Part III are subject to being diverted to the person named in the order in accordance with Part II of the Garnishment, Attachment and Pension Diversion Act. Where recipient unable to manage own affairs (2) Where, for any reason, a recipient is unable to manage the recipient’s own affairs, or where the recipient is incapable of managing the recipient’s own affairs and there is no person entitled by law to act as the recipient’s committee, the Receiver General may pay to any person designated by the Minister to receive payment on behalf of the recipient any amount that is payable to the recipient under this Part or Part III. Payment deemed to be to recipient (3) For the purposes of this Part and Part III, any payment made by the Receiver General pursuant to subsection (1) or (2) is deemed to be a payment to the recipient in respect of whom the payment was made. (4) [Repealed, 2000, c. 12, s. 289] R.S., 1985, c. R-11, s. 20; 1992, c. 46, s. 74; 1999, c. 34, s. 188; 2000, c. 12, s. 289. Presumption of Death Presumption of death 21 (1) Where a contributor or a person to whom any benefit has become payable under this Act or the former Current to June 20, 2022 Last amended on June 21, 2019 Royal Canadian Mounted Police Superannuation PART I Superannuation Presumption of Death Sections 21-22 Act has, either before or after the coming into force of this subsection, disappeared under circumstances that, in the opinion of the Minister, raise beyond a reasonable doubt a presumption that the person is dead, the Minister may determine the date for the purposes of this Act and the former Act on which that person’s death is presumed to have occurred, and thereupon that person is deemed for all purposes of this Act and the former Act to have died on that date. Change of date (2) If, after the date of a person’s death is determined by the Minister under subsection (1), new information or evidence is received by the Minister that the date of death is different, the Minister may determine a different date of death, in which case the person is deemed for all purposes of this Act and the former Act to have died on that different date. R.S., 1985, c. R-11, s. 21; 1992, c. 46, s. 74. Minimum Benefits Minimum benefits 22 (1) Where, on the death of a contributor who was not a member of the Force on or after December 20, 1975, there is no person to whom an allowance provided in this Part may be paid, or where the persons to whom such allowance may be paid die or cease to be entitled thereto and no other amount may be paid to them under this Part, any amount by which the amount of a return of contributions exceeds the aggregate of all amounts paid to those persons and to the contributor under this Part or Part V of the former Act shall be paid, as a death benefit, to the estate of the contributor or, if less than one thousand dollars, as the Minister may direct. Idem (2) Where, on the death of a contributor who was a member of the Force on or after December 20, 1975, there is no person to whom an allowance provided in this Part may be paid, or where the persons to whom such allowance may be paid die or cease to be entitled thereto and no other amount may be paid to them under this Part, an amount equal to the amount by which (a) the greater of (i) the amount of a return of contributions, and (ii) an amount equal to five times the annuity to which the contributor was or would have been at Current to June 20, 2022 Last amended on June 21, 2019 Royal Canadian Mounted Police Superannuation PART I Superannuation Minimum Benefits Sections 22-23 the time of his death entitled determined in accordance with subsection 10(1), exceeds (b) the aggregate of all amounts paid to those persons and to the contributor under this Part and Part V of the former Act, shall be paid, as a death benefit, (c) if the contributor, pursuant to any regulations made under section 26, named his estate as his beneficiary or named another beneficiary who may be named under those regulations and the beneficiary survives the contributor, to the beneficiary, and (d) in any other case, to the estate of the contributor or, if less than one thousand dollars, as the Minister may direct. R.S., c. R-11, s. 17; 1974-75-76, c. 81, s. 63. Special Cases Former Members of the Force Persons re-appointed to or re-enlisted in the Force 23 If a person who has become entitled to an annuity or annual allowance under this Part or a pension under Part V of the former Act by virtue of having served in the Force is re-appointed to or re-enlisted in the Force and becomes a contributor under this Part, whatever right or claim that he or she may have had to that annuity, annual allowance or pension, in this section referred to as the “original annuity”, shall then cease and the period of service on which the original annuity was based may be counted by him or her as pensionable service for the purposes of this Part, except that (a) if, on subsequently ceasing to be a member of the Force, he or she is not entitled under this Part to any benefit other than a return of contributions, the amount returned shall not include any amount paid into the Superannuation Account or the Royal Canadian Mounted Police Pension Fund to his or her credit at any time before the time of his or her re-appointment to or re-enlistment in the Force, and whatever right or claim that, but for this section, he or she would have had to the original annuity on subsequently ceasing to be a member of the Force shall then be restored to him or her; and Current to June 20, 2022 Last amended on June 21, 2019 Royal Canadian Mounted Police Superannuation PART I Superannuation Special Cases Former Members of the Force Sections 23-24 (b) if, on subsequently ceasing to be a member of the Force, he is entitled under this Part to an annuity or annual allowance the capitalized value of which is less than the capitalized value of the original annuity, in lieu of any other benefit under this Part whatever right or claim that, but for this section, he would have had to the original annuity on subsequently ceasing to be a member of the Force shall thereupon be restored to him, and there shall be paid to him an amount equal to his contributions under this Part made in respect of the period of his service in the Force after the time of his re-appointment or re-enlistment. R.S., 1985, c. R-11, s. 23; 1999, c. 34, s. 189; 2003, c. 26, s. 61. Former Public Service Employees and Members of the Regular Force Service that may be counted 24 (1) Any person who becomes a contributor under this Part, having been employed in the public service but not having become entitled to an annuity or annual allowance under the Public Service Superannuation Act, or having been a member of the regular force but not having become entitled to an annuity, annual allowance or pension under the Canadian Forces Superannuation Act, is entitled to count as pensionable service for the purposes of this Part any period of service in the Force or any period of service described in section 6 that, under the Public Service Superannuation Act or the Canadian Forces Superannuation Act, as the case may be, he was entitled to count for pension purposes, if he elects, within one year of becoming a contributor under this Part, to pay for that service, in which case the amount required by this Act to be paid by him for that service is, (a) in the case of service for which, by the Public Service Superannuation Act or the Canadian Forces Superannuation Act, as the case may be, he was required to pay, any amount by which (i) the total amount required by that Act to be paid by him for that service exceeds (ii) the total amount actually paid by him for that service, minus any amount paid to him under that Act at any time before the making of the election, together with simple interest at four per cent per annum on any amount paid to him under that Act at any time before the making of the election, from the time Current to June 20, 2022 Last amended on June 21, 2019 Royal Canadian Mounted Police Superannuation PART I Superannuation Special Cases Former Public Service Employees and Members of the Regular Force Section 24 when the payment was made until the time of making the election; or (b) in the case of service for which, by the Public Service Superannuation Act or the Canadian Forces Superannuation Act, as the case may be, he was not required to pay, an amount equal to the amount that he would have been required to pay had he, during the period of that service, been required to contribute (i) where that period or any portion thereof was prior to 1966, in the manner and at the rates set forth in subsection 5(1) as it read on December 31, 1965, in respect of that period or that portion thereof, (ii) where that period or any portion thereof was after 1965 and prior to April 1, 1969, in the manner and at the rates set forth in subsection 5(1) as it read immediately prior to April 1, 1969 in respect of that period or that portion thereof, (iii) if that period or any portion of it was after March 31, 1969 but before January 1, 2000, in the manner and at the rates set forth in subsection 5(1) as it reads on December 31, 1999, in respect of that period or portion, (iv) if that period or any portion of it was after 1999 but before January 1, 2004, in the manner and at the rates set out in subsection 5(1), as it read on December 31, 2003, in respect of that period or portion, (v) if that period or any portion of it was after 2003 but before January 1, 2013, in the manner and at the rates determined under subsection 5(2), as it read on December 31, 2012, in respect of that period or portion, and (vi) if that period or any portion of it was after 2012, in the manner set out in subsection 5(1) and at the rates determined by the Treasury Board under that subsection, in respect of that period or portion, in respect of pay equal to the pay authorized to be paid to him on the most recent occasion on which he became a contributor under this Act, together with interest, as defined in subsection 7(2). Current to June 20, 2022 Last amended on June 21, 2019 Royal Canadian Mounted Police Superannuation PART I Superannuation Special Cases Former Public Service Employees and Members of the Regular Force Section 24 Pay and allowances deemed to have been received (2) For the purposes of this Part, the pay deemed to have been received by a person to whom subsection (1) applies, during any period of service of the kind described in paragraph (1)(a) or (b), is pay at a rate equal to the rate of pay on the basis of which the amount required to be paid for that period of service (a) by the Public Service Superannuation Act or the Canadian Forces Superannuation Act, as the case may be, in the case of service of the kind described in paragraph (1)(a), or (b) by this Part, in the case of service of the kind described in paragraph (1)(b), was determined. Surrender of benefits on election (3) Notwithstanding anything in the Public Service Superannuation Act or the Canadian Forces Superannuation Act, on the making of any election under subsection (1), the person so electing and any person to whom any benefit might otherwise have become payable under the Public Service Superannuation Act or the Canadian Forces Superannuation Act, as the case may be, in respect of that person, cease to be entitled to any benefit under that Act in respect of any service of that person to which that election relates. Right to retain pension (4) Any person who becomes a contributor under this Part, having been employed in the public service and having become entitled to an annuity or annual allowance under the Public Service Superannuation Act, or having been a member of the regular force and having become entitled to an annuity, annual allowance or pension under the Canadian Forces Superannuation Act, is entitled, for the purposes of this Part, to retain that annuity, annual allowance or pension, but the period of service on which that annuity, annual allowance or pension was based may not be counted by that person for the purpose of any benefit to which he may become entitled under this Part by reason of having become a contributor hereunder. Election to surrender benefits (5) Notwithstanding subsection (4), any person to whom that subsection applies may elect after becoming a contributor under this Part, to surrender the annuity, annual allowance or pension therein referred to, in which case Current to June 20, 2022 Last amended on June 21, 2019 Royal Canadian Mounted Police Superannuation PART I Superannuation Special Cases Former Public Service Employees and Members of the Regular Force Section 24 notwithstanding anything in the Public Service Superannuation Act or the Canadian Forces Superannuation Act, the person so electing and any person to whom any benefit might otherwise have become payable under the Public Service Superannuation Act or the Canadian Forces Superannuation Act, as the case may be, in respect of that person, cease to be entitled to any benefit under that Act in respect of any service of that person described in subsection (1), and the person so electing shall be subject to subsection (1) in all respects as though he had not become entitled to an annuity, annual allowance or pension under that Act but had elected under subsection (1) to pay for the whole of that service. Repayment of certain benefits (6) When a person to whom subsection (4) applies elects, pursuant to subsection (5), to surrender the annuity, annual allowance or pension referred to in subsection (4), the person so electing shall pay an amount equal to the amount of the annuity, annual allowance, pension or supplementary retirement benefit paid to him or her for any period commencing in any month commencing after he or she has been a contributor under this Part for one year, together with simple interest at four per cent per annum and the amount so paid shall be (a) if the election is made before April 1, 2000, credited to the account maintained in the accounts of Canada pursuant to Part I of the Public Service Superannuation Act or pursuant to Part I of the Canadian Forces Superannuation Act; or (b) if the election is made on or after April 1, 2000, paid into the Public Service Pension Fund within the meaning of the Public Service Superannuation Act, the Canadian Forces Pension Fund within the meaning of the Canadian Forces Superannuation Act, or credited to one of the accounts referred to in paragraph (a), according to the fund or account from which the annuity, annual allowance, pension or supplementary retirement benefit was originally paid. Amount to be credited to Superannuation Account (7) On the making of an election under this section before April 1, 2000 by which the person so electing is required by this Part to pay for a period of service of the kind described in paragraph (1)(a), there shall be charged to the account in the accounts of Canada maintained pursuant to the Public Service Superannuation Current to June 20, 2022 Last amended on June 21, 2019 Royal Canadian Mounted Police Superannuation PART I Superannuation Special Cases Former Public Service Employees and Members of the Regular Force Sections 24-24.1 Act or the Canadian Forces Superannuation Act, as the case may be, and credited to the Superannuation Account in respect of that person, an amount equal to the amount determined under subparagraph (1)(a)(ii). Amount of return of contributions (8) For the purposes of the Public Service Superannuation Act or the Canadian Forces Superannuation Act, as the case may be, the amount of any return of contributions or other lump sum payment that is or may become payable under that Act to or in respect of that person with respect to an election before April 1, 2000 shall be deemed to be the amount otherwise determined under that Act minus the amount required by subsection (7) to be credited to the Superannuation Account on the making of the election. Amount to be paid (9) Subsections (7) and (8) apply, with any modifications that the circumstances require, to an election made on or after April 1, 2000, and a reference to “the account in the accounts of Canada maintained pursuant to the Public Service Superannuation Act or the Canadian Forces Superannuation Act” shall be read as a reference to “the Public Service Pension Fund or the Canadian Forces Pension Fund” in respect of contributions made by the person to that fund and a reference to “the Superannuation Account” shall be read as a reference to the “Royal Canadian Mounted Police Pension Fund”. R.S., 1985, c. R-11, s. 24; 1999, c. 34, s. 190; 2003, c. 22, s. 225(E); 2012, c. 31, s. 509. Transfer Agreements Definition of eligible employer 24.1 (1) In this section, eligible employer means an employer for the benefit of whose employees there is a pension plan or retirement savings plan of a class prescribed by regulations made under paragraph 26.1(1)(h .3), and includes the administrator of any such pension plan or retirement savings plan. Authority to enter into agreement (2) The Minister may, on terms approved by the Treasury Board, enter into an agreement with any eligible employer that (a) requires the Minister to pay to the employer, for the purpose of any plan referred to in subsection (1), an amount determined in accordance with subsection (3) in respect of any contributor who has ceased or ceases to be a member of the Force and is or becomes employed by that employer; and Current to June 20, 2022 Last amended on June 21, 2019 Royal Canadian Mounted Police Superannuation PART I Superannuation Transfer Agreements Section 24.1 (b) may provide that any eligible employer pay into the Superannuation Account or the Royal Canadian Mounted Police Pension Fund an amount determined in accordance with the agreement in respect of any person who has ceased or ceases to be employed by that employer and is or becomes a member of the Force. Authority to transfer contributions (3) When a contributor ceases to be a member of the Force and is or becomes employed by any eligible employer with whom the Minister has entered into an agreement pursuant to subsection (2), there may be paid, subject to the terms and conditions that the agreement provides and if the agreement so provides, to that employer (a) out of the Superannuation Account (i) amounts equal in the aggregate to (A) an amount not exceeding the value, actuarially calculated in accordance with the agreement, of all benefits accrued under this Part and Part III in respect of the pensionable service to the credit of the contributor before April 1, 2000, and (B) an amount representing interest on the amount determined in accordance with clause (A) as of the date of payment to the eligible employer that the Minister determines, or (ii) the benefits payable under this Part and Part III to or in respect of the contributor, as they become payable, in respect of the pensionable service to the credit of the contributor before April 1, 2000; and (b) out of the Royal Canadian Mounted Police Pension Fund (i) amounts equal in the aggregate to (A) an amount not exceeding the value, actuarially calculated in accordance with the agreement, of all benefits accrued under this Part and Part III in respect of the pensionable service of the contributor on or after April 1, 2000 or that comes to the credit of the contributor on or after that date, and (B) an amount representing interest on the amount determined in accordance with clause (A) as of the date of payment to the eligible employer that the Minister determines, or Current to June 20, 2022 Last amended on June 21, 2019 Royal Canadian Mounted Police Superannuation PART I Superannuation Transfer Agreements Section 24.1 (ii) the benefits payable under this Part and Part III to or in respect of the contributor, as they become payable, in respect of the pensionable service to the credit of the contributor on or after April 1, 2000 or that comes to the credit of the contributor on or after that date. Consent of contributor (4) No payment shall be made pursuant to subsection (3) except with the consent in writing of the contributor. Non-applicability of subsection 9(7) (5) Subsection 9(7) does not apply in respect of a payment made pursuant to subsection (3). No benefit payable in respect of transferred contributions (6) Subject to any regulations made under paragraph 26.1(1)(h.3), if, under paragraph (3)(a), the Minister makes a payment to an eligible employer in respect of an employee, the employee ceases to be entitled to any benefit under this Part or Part III in respect of the period of pensionable service to which that payment relates. Payment of difference (7) Subject to subsection (8), if the amount paid by the Minister to an eligible employer pursuant to subsection (3) in respect of an employee is less than the transfer value that would be calculated in respect of that employee in accordance with section 12.1, whether or not the employee would otherwise be entitled to the transfer value, the Minister shall pay an amount equal to the amount of the difference to the employee in accordance with subsection 12.1(2). Payment of difference (8) If the amount paid by the Minister to an eligible employer pursuant to subsection (3) in respect of an employee is less than the return of contributions to which that employee would otherwise be entitled under section 11, the Minister shall pay to the employee an amount equal to the amount of the difference. Service countable by person becoming a member of the Force (9) If an employee of any eligible employer with whom the Minister has entered into an agreement under subsection (2) has ceased to be employed by that employer and is or becomes a member of the Force, any service of that employee that, at the time of leaving that Current to June 20, 2022 Last amended on June 21, 2019 Royal Canadian Mounted Police Superannuation PART I Superannuation Transfer Agreements Sections 24.1-25.1 employment, the employee was entitled to count for the purpose of any plan referred to in subsection (1) established for the benefit of employees of that employer may, if the agreement so provides, be counted by the employee as pensionable service for the purposes of section 6, to the extent and subject to the terms and conditions provided in the regulations, if the employer pays into the Superannuation Account or the Royal Canadian Mounted Police Pension Fund the amount that is required under the agreement to be so paid by that employer in respect of the employee. 1999, c. 34, s. 191; 2003, c. 26, s. 47. Pension Board Pension Board 25 The Minister may establish a board to be known as the Royal Canadian Mounted Police Pension Board, consisting of three officers appointed by the Minister, to advise and assist the Minister on matters arising in connection with the administration of this Part. R.S., c. R-11, s. 21. Advisory Committee Advisory committee 25.1 (1) The Minister shall establish a committee, to be known as the Royal Canadian Mounted Police Pension Advisory Committee, the members of which are appointed by the Minister in accordance with subsection (2), to advise and assist the Minister on matters arising in connection with the operation of this Act. Mandate (1.1) The mandate of the committee is to (a) review matters respecting the administration, design and funding of the benefits provided under this Act and make recommendations to the Minister about those matters; and (b) review any other pension-related matters that the Minister may refer to it. Membership (2) The membership of the Committee shall consist of (a) one person appointed from among contributors in receipt of an annuity under this Act who are nominated for appointment by an association that, in the opinion of the Minister, represents such contributors; (b) three persons appointed from among persons required to contribute to the Royal Canadian Mounted Current to June 20, 2022 Last amended on June 21, 2019 Royal Canadian Mounted Police Superannuation PART I Superannuation Advisory Committee Sections 25.1-26 Police Pension Fund who are nominated for appointment by a body that, in the Minister’s opinion, represents such persons; (c) two persons appointed from among persons required to contribute to the Royal Canadian Mounted Police Pension Fund; and (d) two other persons appointed by the Minister. Term (3) A member of the Committee shall be appointed to hold office for a term not exceeding three years and is eligible for reappointment for one or more additional terms. Recommendation of candidates (3.1) The advisory committee shall recommend to the Minister candidates for appointment to the nominating committee established under section 10 of the Public Sector Pension Investment Board Act. Chairperson (4) The Minister shall designate one of the members to be the chairperson of the Committee. 1992, c. 46, s. 75; 1999, c. 34, s. 192; 2012, c. 31, s. 510. Regulations Regulations 26 The Governor in Council may make regulations, (a) subject to section 26.1, prescribing anything that, by this Act, is to be prescribed or is to be determined or regulated by regulation; (b) specifying for the purposes of subsection 3(4), the employment as a member of the Force that is excepted employment; (c) prescribing, notwithstanding section 5, the manner in which and the circumstances under which persons who are required to contribute to the Superannuation Account or the Royal Canadian Mounted Police Pension Fund in accordance with those sections but who are or have been, either before or after April 1, 1960, absent from the Force on leave of absence without pay shall contribute to the Superannuation Account or the Royal Canadian Mounted Police Pension Fund in respect of that absence, prescribing the pay that shall be deemed to have been paid to those persons during that absence and respecting the contributions to be made by those persons to the Current to June 20, 2022 Last amended on June 21, 2019 Royal Canadian Mounted Police Superannuation PART I Superannuation Regulations Section 26 Superannuation Account or the Royal Canadian Mounted Police Pension Fund in respect of that pay; (d) prescribing the circumstances under which and the terms and conditions on which an election under this Part may be revoked by any elector, either in whole or in part, and a new election made or deemed to have been made under this Part; (e) prescribing the methods by which and the bases on which the amount of any payment contemplated by subsection 8(4) is to be computed and the circumstances under which any such payment, whether made before or after April 1, 1960, may be refunded; (f) prescribing the circumstances under which and the terms and conditions on which an option under this Part may be revoked by any contributor and a new option made thereunder; (g) prescribing the evidence required to satisfy the Minister that a contributor has not become entitled to a disability pension described in paragraph 10(2)(b), the time and manner within which that evidence shall be provided and the form of that evidence; (h) defining, for the purposes of this Act, the expression full-time attendance at a school or university as applied to a child of a contributor; (i) respecting the circumstances under which attendance at a school or university shall be deemed, for the purposes of this Act, to be substantially without interruption; (i.1) prescribing the manner in which an amount referred to in section 19.1 may be recovered from any payment on account of the annual allowance referred to in that section; (i.2) respecting the determination of disability for the purposes of this Part and the conditions on which a cash termination allowance or an immediate annuity shall be paid or continue to be paid, including the initial assessment and subsequent periodic or other assessments of that disability; (j) prescribing, for the purposes of this Part, the methods by which and the bases on which the capitalized value of any annuity shall be computed; (k) prescribing the manner and time of naming beneficiaries under this Part; Current to June 20, 2022 Last amended on June 21, 2019 Royal Canadian Mounted Police Superannuation PART I Superannuation Regulations Section 26 (l) authorizing a contributor to name his estate as his beneficiary and prescribing classes of persons and organizations from which beneficiaries may be named for the purposes of this Part; (m) prescribing, in the case of any person who, not having been a contributor under this Part or Part V of the former Act, ceased to be a member of the Force and subsequently, either before or after April 1, 1960, is re-appointed to or re-enlisted in the Force, the extent to which and the circumstances under which any pension payable or granted to him under Part II or III of the former Act shall be continued to him, and the extent to which and the terms and conditions on which any service of that person before the time he ceased so to be a member of the Force may be counted by him as pensionable service for the purposes of this Part; (n) respecting the determination, for the purposes of this Part, of the effective date on which a person shall be deemed to have become or to have ceased to be a member of the Force; (o) prescribing, in the case of any person described in subsection 93(4) of the former Act who, not having reached sixty-five years of age, ceased to be a member of the Force either before or after April 1, 1960, the amounts by which and the manner in which any annuity, annual allowance or pension payable under this Part or Part V of the former Act to that person shall be adjusted; (p) providing for the continuation in force of any outstanding direction made by the Treasury Board under section 105 of the former Act, under the circumstances contemplated by that section and subject to modification or suspension as contemplated by that section; (q) providing, notwithstanding anything in this Part, for the reduction by the Treasury Board of any annuity, annual allowance or pension payable under this Part or Part V of the former Act to or in respect of a person who, after his retirement from the Force, is convicted of an indictable offence committed by him while a member of the Force where, in the opinion of the Treasury Board, the commission of the offence by him constituted misconduct in the performance of his duties as a member of the Force; (r) providing for the payment out of the Superannuation Account or the Royal Canadian Mounted Police Pension Fund, on the death of a contributor and on application to the Minister by or on behalf of a person to whom any annual allowance becomes payable under this Part, of the whole or any part of the portion of Current to June 20, 2022 Last amended on June 21, 2019 Royal Canadian Mounted Police Superannuation PART I Superannuation Regulations Sections 26-26.1 any estate, legacy, succession or inheritance duties or taxes that are payable by the person that is determined in accordance with the regulations to be attributable to that allowance, and prescribing the amounts by which and the manner in which any such allowance and any amount payable under section 22 in any such case shall be reduced; (s) notwithstanding anything in this Part, providing that on attaining retirement age a contributor shall cease to be a member of the Force unless his continued service therein is authorized in accordance with the regulations, and prescribing the circumstances under which and the terms and conditions on which he may continue to be a member of the Force after he has attained that age; and (t) generally, for carrying into effect the purposes and provisions of this Part. R.S., 1985, c. R-11, s. 26; 1989, c. 6, s. 29; 1992, c. 46, s. 76; 1999, c. 34, s. 193; 2009, c. 13, s. 7. Regulations 26.1 (1) The Governor in Council may make regulations (a) fixing an annual rate of pay for the purposes of subsection 5(5) or paragraph 10(4)(b) or prescribing the manner of determining the annual rate of pay; (a.1) determining, for the purposes of paragraphs (b) to (d) of the definition service in the force in subsection 3(1), who is a police officer; (b) prescribing the time at which and the manner in which an election may be made under subsection 6.1(1); (c) prescribing, for the purposes of subsection 6.1(4), the portion of the period of leave of absence that shall be counted as pensionable service under clause 6(a)(ii)(A); (c.1) prescribing the number of hours per week and the number of days per year for the purposes of subsection 5(6), clauses 6(b)(ii)(F.1), (M) and (N) and paragraph 7(1)(i); (c.2) respecting the manner of determining the amount of a transfer value within the meaning of subsection 9(1), the terms and conditions under which a contributor may become entitled to a transfer value and any other matters that the Governor in Council Current to June 20, 2022 Last amended on June 21, 2019 Royal Canadian Mounted Police Superannuation PART I Superannuation Regulations Section 26.1 considers necessary for the purposes of carrying out section 12.1; (c.3) respecting the manner in which and the determination of the balances on which interest is to be calculated under subsection 9(6) and respecting the rates of interest for the purposes of paragraph 9(6)(b); (d) notwithstanding any regulations made under paragraph 26(c), determining the amounts to be paid under paragraph 7(1)(i); (e) respecting the election that may be made under section 14.1, including regulations respecting (i) the time, manner and circumstances in which an election may be made, revoked or deemed to have been revoked, (ii) the reduction to be made in the amount of an annuity or annual allowance when an election is made, (iii) the amount of the immediate annual allowance to be paid under subsection 14.1(2), and (iv) any other matter that the Governor in Council considers necessary for carrying out the purposes and provisions of section 14.1; (f) and (g) [Repealed, 2000, c. 12, s. 290] (h) respecting the rates at which interest shall be credited to the Superannuation Account under paragraph 29(1)(b), the manner in which it shall be calculated and the times at which it shall be credited to the Account; (h.1) respecting the additional information that is required to be included in annual reports referred to in section 31; (h.2) prescribing periods of service in the Force and periods of pensionable service for the purposes of sections 11, 12.1, 13 and 14, these periods being in no case shorter than two years or longer than, in the case of paragraphs 11(7)(a) and 11(8)(a) and sections 13 and 14, five years, in the case of paragraphs 11(1)(a), 11(2)(a), 11(3)(a) and 11(5)(a), subparagraph 11(9)(b)(iii), subsection 11(11) and section 12.1, ten years, in the case of paragraphs 11(3)(c) and 11(5)(c), twenty years, in the case of paragraph 11(5)(d) and subparagraph 11(9)(b)(ii), twenty-five years, in the case of paragraph 11(9)(a) and clause 11(9)(b)(iii)(B), thirty years, and in the case of subsection 11(12), thirty-five years; Current to June 20, 2022 Last amended on June 21, 2019 Royal Canadian Mounted Police Superannuation PART I Superannuation Regulations Sections 26.1-27 (h.3) prescribing classes of pension plans or retirement savings plans for the purposes of subsection 24.1(1) and respecting the extent to which, and the terms and conditions subject to which, service may be counted as pensionable service pursuant to subsection 24.1(9); (h.4) respecting the manner in which and extent to which any provision of this Act or any regulations made under this Act apply to a member of the Force who is engaged to work at least the number of hours per week or the number of days per year prescribed in regulations made under paragraph (c.1) and adapting any of those provisions for the purposes of that application; (h.5) respecting the terms and conditions under which and the time and manner in which an election may be made in respect of a period of service specified in clauses 6(b)(ii)(F.1) and (L) to (P), the manner of determining in accordance with paragraph 7(1)(i) the amounts that are to be paid in respect of that election, the periods of service that may be counted for the purposes of that election, and the manner in which and extent to which section 8 and any regulations referred to in section 8 apply in respect of that election and to any contributor who makes that election and adapting any of those provisions for the purposes of that application; (h.6) prescribing ages for the purposes of subsection 11(9), these ages being no greater than, in the case of paragraph 11(9)(a) and subparagraph 11(9)(b)(iii), fifty-five years of age and in the case of subparagraph 11(9)(b)(ii), fifty years of age; and (i) generally as the Governor in Council may consider necessary for carrying out and giving effect to any provision of this Act referred to in this subsection. Retroactive application of regulations (2) Regulations made under paragraph (1)(a), (c), (d), (h) or (h.4) may, if they so provide, have retroactive effect. 1992, c. 46, s. 77; 1999, c. 34, s. 194; 2000, c. 12, s. 290; 2003, c. 26, s. 62; 2009, c. 13, s. 8; 2012, c. 31, s. 511. Regulations respecting leave of absence 27 (1) For the purposes of this Part, a person who has contributed to the Superannuation Account or the Royal Canadian Mounted Police Pension Fund in accordance with any regulation made under paragraph 26(c) in respect of any period during which he or she was absent from the Force on leave of absence without pay shall be Current to June 20, 2022 Last amended on June 21, 2019 Royal Canadian Mounted Police Superannuation PART I Superannuation Regulations Section 27 deemed to have contributed to the Superannuation Account or the Royal Canadian Mounted Police Pension Fund, (a) if that period or a portion of it was before 1966, in the manner and at the rates set forth in subsection 5(1) as it read on December 31, 1965, in respect of that period or portion, (b) if that period or a portion of it was after 1965 and before April 1, 1969, in the manner and at the rates set forth in subsection 5(1) as it read immediately before April 1, 1969 in respect of that period or portion, (c) if that period or a portion of it was after March 31, 1969 and before January 1, 2000, in the manner and at the rates set forth in subsection 5(1), as it reads on December 31, 1999, in respect of that period or portion, (d) if that period or any portion of it was after 1999 but before January 1, 2004, in the manner and at the rates set out in subsection 5(1), as it read on December 31, 2003, in respect of that period or portion, (e) if that period or any portion of it was after 2003 but before January 1, 2013, in the manner and at the rates determined under subsection 5(2), as it read on December 31, 2012, in respect of that period or portion, and (f) if that period or any portion of it was after 2012, in the manner set out in subsection 5(1) and at the rates determined by the Treasury Board under that subsection, in respect of that period or portion, and to have received, during that period, pay and allowances at a rate equal to the rate of pay and allowances that would have been authorized to be paid to him or her if he or she had not been so absent on leave of absence without pay. Members of Parliament and Senators (2) Notwithstanding anything in this Part, the Governor in Council may by regulation (a) provide that the service of a former member of the House of Commons or a former Senator in respect of which he or she made contributions under the Members of Parliament Retiring Allowances Act may, to the extent and subject to the conditions that may be prescribed by the regulations, be counted by that former member or former Senator as pensionable service for the purposes of this Part; and Current to June 20, 2022 Last amended on June 21, 2019 Royal Canadian Mounted Police Superannuation PART I Superannuation Regulations Sections 27-29 (b) provide for the transfer to the Superannuation Account or the Royal Canadian Mounted Police Pension Fund of amounts in the Retiring Allowances Account, within the meaning of that Act, in respect of him or her. R.S., 1985, c. R-11, s. 27; 1999, c. 34, s. 195; 2012, c. 31, s. 512. Payments out of Account Payments out of Superannuation Account 28 (1) All amounts required for the payment of benefits for which this Part, including the benefits referred to in subsection 26(3) of the Royal Canadian Mounted Police Superannuation Act, chapter 34 of the Statutes of Canada, 1959, and Part III make provision shall be paid out of the Superannuation Account if the benefits are payable in respect of pensionable service to the credit of a contributor before April 1, 2000. Transfer of amounts (2) The amounts deposited in the Royal Canadian Mounted Police Superannuation Investment Fund under subsection 29.1(2) shall be transferred to the Public Sector Pension Investment Board within the meaning of the Public Sector Pension Investment Board Act to be dealt with in accordance with that Act. Payment of benefits (3) If there are insufficient amounts in the Superannuation Account to pay all the benefits referred to in subsection (1), the amounts required for the payment of those benefits shall be charged to the Royal Canadian Mounted Police Superannuation Investment Fund and paid out of the assets of the Public Sector Pension Investment Board. R.S., 1985, c. R-11, s. 28; 1999, c. 34, s. 196. Amounts Amounts to be credited in each fiscal year 29 (1) There shall be credited to the Superannuation Account in each fiscal year (a) [Repealed, 1999, c. 34, s. 198] (b) an amount representing interest on the balance from time to time to the credit of the Account, calculated in such manner and at such rates and credited at such times as the regulations provide, but the rate for Current to June 20, 2022 Last amended on June 21, 2019 Royal Canadian Mounted Police Superannuation PART I Superannuation Amounts Section 29 any quarter in a fiscal year shall be at least equal to the rate that would be determined for that quarter using the method set out in section 30 of the Royal Canadian Mounted Police Superannuation Regulations, as that section read on March 31, 1991. (2) to (5) [Repealed, 1999, c. 34, s. 198] Amounts to be credited on basis of actuarial valuation report (6) Following the laying before Parliament of any actuarial valuation report pursuant to section 30 that relates to the state of the Superannuation Account and the Royal Canadian Mounted Police Superannuation Investment Fund, there shall be credited to the Account, at the time and in the manner set out in subsection (7), the amount that in the opinion of the President of the Treasury Board will, at the end of the fifteenth fiscal year following the tabling of that report or at the end of the shorter period that the President of the Treasury Board may determine, together with the amount that the President of the Treasury Board estimates will be to the credit of the Account and the Royal Canadian Mounted Police Superannuation Investment Fund at that time, meet the cost of the benefits payable under this Part and Part III in respect of pensionable service that is to the credit of contributors before April 1, 2000. Equal annual instalments (7) Subject to subsection (8), the amount required to be credited to the Superannuation Account under subsection (6) shall be divided into equal annual instalments and the instalments shall be credited to the Account over a period of fifteen years, or such shorter period as the President of the Treasury Board may determine, with the first such instalment to be credited in the fiscal year in which the actuarial valuation report is laid before Parliament. Adjustments (8) When a subsequent actuarial valuation report is laid before Parliament before the end of the period applicable under subsection (7), the instalments remaining to be credited in that period may be adjusted to reflect the amount that is estimated by the President of the Treasury Board, at the time that subsequent report is laid before Parliament, to be the amount that will, together with the amount that the President of the Treasury Board estimates will be to the credit of the Superannuation Account and the Royal Canadian Mounted Police Superannuation Investment Fund at the end of that period, meet the cost of the benefits payable under this Part and Part III in respect of pensionable service that is to the credit of contributors before April 1, 2000. Current to June 20, 2022 Last amended on June 21, 2019 Royal Canadian Mounted Police Superannuation PART I Superannuation Amounts Section 29 Amounts to be debited on basis of actuarial valuation report (9) Following the laying before Parliament of any actuarial valuation report pursuant to section 30 that relates to the state of the Superannuation Account and the Royal Canadian Mounted Police Superannuation Investment Fund, there may be debited from the Account, at the time and in the manner set out in subsection (11), an amount that in the opinion of the President of the Treasury Board exceeds the amount that the President of the Treasury Board estimates, based on the report, will be required to be to the credit of the Account and the Royal Canadian Mounted Police Superannuation Investment Fund at the end of the fifteenth fiscal year following the tabling of that report or at the end of the shorter period that the President of the Treasury Board may determine in order to meet the cost of the benefits payable under this Part and Part III in respect of pensionable service that is to the credit of contributors before April 1, 2000. If total exceeds maximum (10) If the total of the amounts in the Account and in the Fund referred to in subsection (9) exceeds, following the laying of the report referred to in that subsection, the maximum amount referred to in subsection (13), there shall be debited from the Account, at the time and in the manner set out in subsection (11), the amount of the excess. Annual instalments (11) Subject to subsection (12), the amount that may be debited under subsection (9) and the amount that must be debited under subsection (10) shall be debited in annual instalments over a period of fifteen years, or a shorter period that the President of the Treasury Board may determine, with the first such instalment to be debited in the fiscal year in which the actuarial valuation report is laid before Parliament. Adjustments (12) When a subsequent actuarial valuation report is laid before Parliament before the end of the period applicable under subsection (11), the instalments remaining to be debited in that period may be adjusted to reflect the amount that is estimated by the President of the Treasury Board, at the time that subsequent report is laid before Parliament, to be the amount that will, together with the amount that the President of the Treasury Board estimates will be to the credit of the Superannuation Account and the Royal Canadian Mounted Police Superannuation Investment Fund at the end of that period, meet the cost Current to June 20, 2022 Last amended on June 21, 2019 Royal Canadian Mounted Police Superannuation PART I Superannuation Amounts Sections 29-29.1 of the benefits payable under this Part and Part III in respect of pensionable service that is to the credit of contributors before April 1, 2000. Maximum amount to credit of Account and Fund (13) At the end of the period, the total of the amounts that are to the credit of the Superannuation Account and the Royal Canadian Mounted Police Superannuation Investment Fund must not exceed one hundred and ten per cent of the amount that the President of the Treasury Board estimates is required to meet the cost of the benefits payable under this Part and Part III in respect of pensionable service that is to the credit of contributors before April 1, 2000. Costs (14) The costs of the administration of this Act, as determined by the Treasury Board on the recommendation of the Minister, with respect to benefits payable under this Act in respect of pensionable service that is to the credit of contributors before April 1, 2000 shall be paid out of the Superannuation Account. R.S., 1985, c. R-11, s. 29; 1992, c. 46, s. 78; 1999, c. 34, s. 198. Royal Canadian Mounted Police Superannuation Investment Fund Establishment of Royal Canadian Mounted Police Superannuation Investment Fund 29.1 (1) The Royal Canadian Mounted Police Superannuation Investment Fund is established. Amounts to be deposited into Royal Canadian Mounted Police Superannuation Investment Fund (2) The following amounts shall be deposited into the Royal Canadian Mounted Police Superannuation Investment Fund: (a) the amounts in the Superannuation Account transferred on or after April 1, 2000 that the Minister of Finance determines, in the manner and at the times that that minister determines; and (b) the income from the investment of the amounts referred to in paragraph (a) plus profits less losses on the sale of the investments. Current to June 20, 2022 Last amended on June 21, 2019 Royal Canadian Mounted Police Superannuation PART I Superannuation Royal Canadian Mounted Police Superannuation Investment Fund Sections 29.1-29.2 Costs (3) If there are insufficient amounts in the Superannuation Account to pay the costs of the administration of this Act with respect to benefits payable under this Act in respect of pensionable service that is to the credit of contributors before April 1, 2000, those costs shall be paid out of the Royal Canadian Mounted Police Superannuation Investment Fund. Transfer of amounts (4) The Minister of Finance may, after consultation with the Public Sector Pension Investment Board within the meaning of the Public Sector Pension Investment Board Act, transfer to the Superannuation Account amounts in the Royal Canadian Mounted Police Superannuation Investment Fund that he or she determines, in the manner and at the times that that minister determines. 1999, c. 34, s. 199. Royal Canadian Mounted Police Pension Fund Establishment of Royal Canadian Mounted Police Pension Fund 29.2 (1) The Royal Canadian Mounted Police Pension Fund is established. Amounts to be deposited into Royal Canadian Mounted Police Pension Fund (2) The following amounts shall be deposited into the Royal Canadian Mounted Police Pension Fund: (a) the amounts determined by the President of the Treasury Board under subsection (3); (b) all other amounts required by this Act to be paid into the Fund; and (c) the income from the investment of the amounts referred to in paragraphs (a) and (b) plus profits less losses on the sale of the investments. Amounts to be determined by the President of the Treasury Board (3) There shall be deposited into the Royal Canadian Mounted Police Pension Fund, in each fiscal year, in respect of every month, no later than thirty days after the end of the month in respect of which the deposit is made (a) an amount that is determined by the President of the Treasury Board, after consultation with the Minister and based on actuarial advice, to be required to provide for the cost of the benefits that have accrued in respect of that month in relation to current service Current to June 20, 2022 Last amended on June 21, 2019 Royal Canadian Mounted Police Superannuation PART I Superannuation Royal Canadian Mounted Police Pension Fund Sections 29.2-29.3 and that will become payable out of the Royal Canadian Mounted Police Pension Fund; and (b) an amount that is determined by the President of the Treasury Board, after consultation with the Minister, in relation to the total amount paid into the Royal Canadian Mounted Police Pension Fund during the preceding month by way of contributions in respect of past service. Determination of the amounts (4) In determining amounts for the purposes of paragraph (3)(a), the President of the Treasury Board may take into account any surplus in the Royal Canadian Mounted Police Pension Fund as shown in the most recent actuarial valuation report referred to in section 30 on the state of the Fund. Transfer of amounts (5) The amounts deposited in the Royal Canadian Mounted Police Pension Fund shall be transferred to the Public Sector Pension Investment Board within the meaning of the Public Sector Pension Investment Board Act to be dealt with in accordance with that Act. Payment of benefits (6) All amounts required for the payment of benefits for which this Part and Part III make provision shall be charged to the Royal Canadian Mounted Police Pension Fund and paid out of the assets of the Public Sector Pension Investment Board if the benefits are payable in respect of pensionable service that comes to the credit of a contributor on or after April 1, 2000. 1999, c. 34, s. 199. Amounts to be paid on basis of actuarial valuation report 29.3 (1) Following the laying before Parliament of any actuarial valuation report pursuant to section 30 that relates to the state of the Royal Canadian Mounted Police Pension Fund, there shall be paid into the Fund, at the time and in the manner set out in subsection (2), the amount that in the opinion of the President of the Treasury Board will, at the end of the fifteenth fiscal year following the tabling of that report or at the end of the shorter period that the President of the Treasury Board may determine, together with the amount that the President of the Treasury Board estimates will be to the credit of the Fund at that time, meet the cost of the benefits payable under this Part and Part III in respect of pensionable service that comes to the credit of contributors on or after April 1, 2000. Current to June 20, 2022 Last amended on June 21, 2019 Royal Canadian Mounted Police Superannuation PART I Superannuation Royal Canadian Mounted Police Pension Fund Sections 29.3-29.4 Equal annual instalments (2) Subject to subsection (3), the amount required to be paid into the Royal Canadian Mounted Police Pension Fund under subsection (1) shall be divided into equal annual instalments and the instalments shall be paid to the Royal Canadian Mounted Police Pension Fund over a period of fifteen years, or the shorter period that the President of the Treasury Board may determine, with the first such instalment to be paid in the fiscal year in which the actuarial valuation report is laid before Parliament. Adjustments (3) When a subsequent actuarial valuation report is laid before Parliament before the end of the period applicable under subsection (2), the instalments remaining to be paid in that period may be adjusted to reflect the amount that is estimated by the President of the Treasury Board, at the time that subsequent report is laid before Parliament, to be the amount that will, together with the amount that the President of the Treasury Board estimates will be to the credit of the Fund at the end of that period, meet the cost of the benefits payable under this Part and Part III in respect of pensionable service that comes to the credit of contributors on or after April 1, 2000. 1999, c. 34, s. 199. No more deposits if non-permitted surplus 29.4 (1) If, following the laying before Parliament of any actuarial valuation report pursuant to section 30 that relates to the state of the Royal Canadian Mounted Police Pension Fund, there is, in the President of the Treasury Board’s opinion, a non-permitted surplus in that Fund, no further amounts shall be deposited into the Fund under paragraph 29.2(3)(a) until the time that there is, in the President of the Treasury Board’s opinion, no longer a non-permitted surplus in the Fund. When non-permitted surplus (2) If, following the laying before Parliament of any actuarial valuation report pursuant to section 30 that relates to the state of the Royal Canadian Mounted Police Pension Fund, there is, in the President of the Treasury Board’s opinion, a non-permitted surplus in that Fund, (a) the contributions payable under section 5 may be reduced in the manner, at the times and for the period that the Treasury Board determines, on the recommendation of the President of the Treasury Board after consultation with the Minister; or (b) there may be paid out of the Royal Canadian Mounted Police Pension Fund, and into the Consolidated Revenue Fund, the amount, at the time and in Current to June 20, 2022 Last amended on June 21, 2019 Royal Canadian Mounted Police Superannuation PART I Superannuation Royal Canadian Mounted Police Pension Fund Section 29.4 the manner, that the Treasury Board determines on the recommendation of the President of the Treasury Board after consultation with the Minister. Recommendation of President of the Treasury Board (3) The President of the Treasury Board shall only make the recommendation referred to in paragraph (2)(b) after estimating, based on the report, that the amount that will be to the credit of the Royal Canadian Mounted Police Pension Fund at the end of the fifteenth fiscal year of that report or at the end of the shorter period that the President of the Treasury Board may determine, will not be less than the total of (a) the amount that will be required in order to meet the cost of the benefits payable under this Part and Part III in respect of pensionable service that comes to the credit of contributors on or after April 1, 2000, and (b) the amount of any surplus in the Royal Canadian Mounted Police Pension Fund that does not constitute a non-permitted surplus. When surplus is not non-permitted surplus (4) If, following the laying before Parliament of an actuarial valuation report pursuant to section 30 that relates to the state of the Royal Canadian Mounted Police Pension Fund, there is, in the opinion of the President of the Treasury Board, a surplus that is not a non-permitted surplus in that Fund, the contributions payable under section 5 or paragraph 29.2(3)(a) may be reduced in the manner, at the times and for the period that the Treasury Board determines, on the recommendation of the President of the Treasury Board after consultation with the Minister. Non-permitted surplus (5) For the purposes of this section, a non-permitted surplus exists when the amount by which assets exceed liabilities in the Royal Canadian Mounted Police Pension Fund, as determined by the actuarial valuation report referred to in section 30 or one requested by the President of the Treasury Board, is greater than 25 per cent of the amount of liabilities in respect of contributors, as determined in that report. When reduction in contributions (6) For greater certainty, a reduction in contributions under paragraph (2)(a) or subsection (4) is not to be considered as changing the contribution rate that applied before the reduction in contributions. 1999, c. 34, s. 199; 2019, c. 29, s. 159. Current to June 20, 2022 Last amended on June 21, 2019 Royal Canadian Mounted Police Superannuation PART I Superannuation Royal Canadian Mounted Police Pension Fund Sections 29.5-31 Costs 29.5 The costs of the administration of this Act, as determined by the Treasury Board on the recommendation of the Minister, with respect to benefits payable under this Act in respect of pensionable service that comes to the credit of contributors on or after April 1, 2000 shall be paid out of the Royal Canadian Mounted Police Pension Fund. 1999, c. 34, s. 199. Actuarial Report Public Pensions Reporting Act 30 In accordance with the Public Pensions Reporting Act, a cost certificate, an actuarial valuation report and an assets report on the state of each of the Superannuation Account, the Royal Canadian Mounted Police Superannuation Investment Fund and the Royal Canadian Mounted Police Pension Fund shall be prepared, filed with the Minister designated under that Act and laid before Parliament. R.S., 1985, c. R-11, s. 30; R.S., 1985, c. 13 (2nd Supp.), s. 13; 1999, c. 34, s. 200. Annual Report Annual report 31 The Minister shall cause to be laid before each House of Parliament each year a report on the administration of this Part and Part III during the preceding fiscal year, including a statement showing the amounts paid into and out of the Superannuation Account, the Royal Canadian Mounted Police Pension Fund and the Royal Canadian Mounted Police Superannuation Investment Fund during that year, by appropriate classifications, the number of contributors and the number of persons receiving benefits under this Part and Part III, together with the additional information that the Governor in Council may by regulation require. R.S., 1985, c. R-11, s. 31; 1992, c. 46, s. 79; 1999, c. 34, s. 200. Current to June 20, 2022 Last amended on June 21, 2019 Royal Canadian Mounted Police Superannuation PART II Benefits in Respect of Injury or Death on Service Sections 31.1-32.1 PART II Benefits in Respect of Injury or Death on Service Definition of service in the Force 31.1 For the purposes of this Part, paragraphs (b), (c) and (d) of the definition service in the Force in subsection 3(1) apply only in respect of service as a member of a provincial or municipal police force with which the Minister has entered into an arrangement under section 20 of the Royal Canadian Mounted Police Act. 2009, c. 13, s. 9. Eligibility for awards under Pension Act 32 Subject to this Part and the regulations, an award in accordance with the Pension Act shall be granted to or in respect of the following persons if the injury or disease — or the aggravation of the injury or disease — resulting in the disability or death in respect of which the application for the award is made arose out of, or was directly connected with, the person’s service in the Force: (a) any person to whom Part VI of the former Act applied at any time before April 1, 1960 who, either before or after that time, has suffered a disability or has died; and (b) any person who served in the Force at any time after March 31, 1960 as a contributor under Part I of this Act and who has suffered a disability, either before or after that time, or has died. R.S., 1985, c. R-11, s. 32; 1998, c. 11, s. 1; 2000, c. 34, s. 46; 2009, c. 13, s. 10. Service in special duty area 32.1 (1) An award in accordance with the Pension Act shall be granted to or in respect of a member of the Force who is disabled or dies as a result of an injury or disease or an aggravation thereof that was attributable to or was incurred during special duty service as defined in subsection (2), as though that member of the Force were a member of the Canadian Forces in special duty service within the meaning of the Pension Act and section 3.1 of that Act were not in force. Definition of special duty service (2) For the purposes of subsection (1), special duty service means service as a member of the Force in a special Current to June 20, 2022 Last amended on June 21, 2019 Royal Canadian Mounted Police Superannuation PART II Benefits in Respect of Injury or Death on Service Sections 32.1-32.12 duty area designated under section 32.12 of this Act or under section 69 of the Veterans Well-being Act during the period in which that designation is in effect, or service as a member of the Force as part of a special duty operation designated under section 32.13 of this Act or under section 70 of that Act during the period in which that designation is in effect, and includes (a) periods of training for the express purpose of service in that area or as part of that operation, wherever that training takes place, (b) travel to and from the area, the operation, or the location of training referred to in paragraph (a), and (c) authorized leave of absence with pay during that service, wherever that leave is taken, if that training, travel or leave occurred on a day, not earlier than September 11, 2001, that is in the period during which that designation is in effect. 1998, c. 11, s. 2; 2000, c. 34, s. 46; 2003, c. 12, s. 4, c. 27, s. 9(F); 2005, c. 21, s. 109; 2017, c. 20, s. 292. Definition of conditions of elevated risk 32.11 In paragraphs 32.12(1)(c) and 32.13(1)(d), conditions of elevated risk means a level of risk higher than that normally associated with service in peacetime. 2003, c. 12, s. 4. Special duty areas 32.12 (1) The Minister of Public Safety and Emergency Preparedness, after consulting the Minister as defined in subsection 3(1) of the Pension Act, may by order designate an area as a special duty area if (a) the area is outside Canada; (b) members of the Force have been deployed, or will be deployed, to that area as part of an operation of a type referred to in section 32.14; and (c) the Solicitor General of Canada is of the opinion that that deployment has exposed or may expose those members to conditions of elevated risk. Period of designation (2) A designation made by an order under subsection (1) takes effect on the day on which the order is made, or on such earlier date — not earlier than June 11, 1998 — or later date as may be fixed by the order. The order may fix a date on which a designation ceases to be in effect. 2003, c. 12, s. 4; 2005, c. 10, s. 34. Current to June 20, 2022 Last amended on June 21, 2019 Royal Canadian Mounted Police Superannuation PART II Benefits in Respect of Injury or Death on Service Sections 32.13-32.14 Special duty operations 32.13 (1) The Minister of Public Safety and Emergency Preparedness, after consulting the Minister as defined in subsection 3(1) of the Pension Act, may by order designate as a special duty operation any operation, or any component of an operation, if (a) the operation is of a type referred to in section 32.14; (b) the operation is outside Canada; (c) members of the Force have been deployed, or will be deployed, as part of that operation; and (d) the Minister of Public Safety and Emergency Preparedness is of the opinion that that deployment has exposed or may expose those members to conditions of elevated risk. Period of designation (2) A designation made by an order under subsection (1) takes effect on the day on which the order is made, or on such earlier date — not earlier than September 11, 2001 — or later date as may be fixed by the order. The order may fix a date on which a designation ceases to be in effect. 2003, c. 12, s. 4; 2005, c. 10, s. 34. Types of operations 32.14 For the purposes of paragraphs 32.12(1)(b) and 32.13(1)(a), the types of operations are as follows: (a) an armed conflict; (b) an operation authorized under the Charter of the United Nations or any other similar treaty instrument; (c) an operation that, in the opinion of the Minister of Public Safety and Emergency Preparedness, is a search and rescue operation; (d) an operation that, in the opinion of the Minister of Public Safety and Emergency Preparedness, is a disaster relief operation; (e) an operation that, in the opinion of the Minister of Public Safety and Emergency Preparedness, is a counter-terrorism operation; (f) an operation that, in the opinion of the Minister of Public Safety and Emergency Preparedness, is aimed at re-establishing social order or rebuilding social institutions following political or social unrest; and (g) an operation involving a level of risk that, in the opinion of the Minister of Public Safety and Current to June 20, 2022 Last amended on June 21, 2019 Royal Canadian Mounted Police Superannuation PART II Benefits in Respect of Injury or Death on Service Sections 32.14-34 Emergency Preparedness, is comparable to that normally associated with an operation referred to in paragraphs (a) and (b). 2003, c. 12, s. 4; 2005, c. 10, s. 34. Statutory Instruments Act 32.15 Sections 3, 5 and 11 of the Statutory Instruments Act do not apply in respect of an order made under section 32.12 or 32.13. 2003, c. 12, s. 4. Adjudication 32.2 All claims for awards under this Part shall be dealt with and adjudicated on in like manner as claims under the Pension Act, and all provisions of that Act not inconsistent with this Part apply, with such modifications as the circumstances require, to any claim under this Part. 1998, c. 11, s. 2; 2000, c. 34, s. 46. Payment of treatment allowance 33 (1) Where a former member of the Force who is in receipt of a pension under this Part, under subsection 22(1) of the Royal Canadian Mounted Police Act, chapter 241 of the Revised Statutes of Canada, 1952, as that subsection read before April 1, 1960, or under subsection 5(1) of the Royal Canadian Mounted Police Pension Continuation Act, chapter R-10 of the Revised Statutes of Canada, 1970, by reason of his having become disabled is receiving treatment as an in-patient under regulations made pursuant to the Department of Veterans Affairs Act for the disability in respect of which his pension was awarded or granted, he may be paid a treatment allowance that, in the opinion of the Treasury Board, would be equivalent to the treatment allowance that would be payable to him under those regulations if he were a veteran to whom those regulations applied, and during the time the treatment allowance is being paid to him section 41 of the Pension Act shall apply with such modifications as the circumstances require to his pension. (2) [Repealed, 1998, c. 11, s. 3] R.S., 1985, c. R-11, s. 33; 1998, c. 11, s. 3; 2000, c. 34, s. 95(F). Application of Government Employees Compensation Act 34 (1) Notwithstanding subsection 3(1) of the Government Employees Compensation Act, that Act applies to every member of the Force, as defined in subsection 2(1) of the Royal Canadian Mounted Police Act, except a person or member described in section 32 or 32.1 of this Act. Current to June 20, 2022 Last amended on June 21, 2019 Royal Canadian Mounted Police Superannuation PART II Benefits in Respect of Injury or Death on Service Sections 34-35 (2) [Repealed, 2009, c. 13, s. 11] R.S., 1985, c. R-11, s. 34; 1998, c. 11, s. 4; 2009, c. 13, s. 11. PART III Supplementary Benefits Definitions 35 In this Part, contributor [Repealed, 1999, c. 34, s. 201] pension means any pension, annual allowance or annuity payable under Part I; (pension) recipient means (a) a person who is in receipt of a pension and who has reached sixty years of age, (b) a person who is in receipt of a pension and who, not having reached sixty years of age, is disabled, (c) a person who, not having reached sixty years of age, is in receipt of a pension under subsection 11(9) or (10), (d) a person who, not having reached sixty years of age, is in receipt of a pension as a result of having been compulsorily retired from the Force by reason of any mental or physical condition rendering the person disabled, (e) a person who, not having reached sixty years of age, is in receipt of a pension based on not less than (i) twenty-six years of pensionable service, in the case of a person who has reached fifty-nine years of age but has not reached sixty years of age, (ii) twenty-seven years of pensionable service, in the case of a person who has reached fifty-eight years of age but has not reached fifty-nine years of age, (iii) twenty-eight years of pensionable service, in the case of a person who has reached fifty-seven years of age but has not reached fifty-eight years of age, (iv) twenty-nine years of pensionable service, in the case of a person who has reached fifty-six years of age but has not reached fifty-seven years of age, or Current to June 20, 2022 Last amended on June 21, 2019 Royal Canadian Mounted Police Superannuation PART III Supplementary Benefits Sections 35-39 (v) thirty years of pensionable service, in the case of a person who has reached fifty-five years of age but has not reached fifty-six years of age, or (f) a person who is in receipt of the pension by reason of being a survivor or a child. (prestataire) R.S., 1985, c. R-11, s. 35; 1992, c. 46, s. 80; 1999, c. 34, s. 201. 36 [Repealed, 1999, c. 34, s. 202] Contributions for elective service 37 (1) A person who elects, pursuant to section 6 or 24, to count as pensionable service any period of elective service specified in those sections, or any portion of that service, that is after March 31, 1970 but before January 1, 2000 is required to contribute to the Superannuation Account or the Royal Canadian Mounted Police Pension Fund in respect of it, in addition to any other amount required under this Act, an amount calculated in the manner and in respect of the pay described in those sections (a) in the case of any period of elective service or portion of such a period that is after March 31, 1970 and before January 1, 1977, at the rate of one-half of one per cent of the person’s pay; and (b) in the case of any period of elective service or portion of such a period that is after December 31, 1976 and before January 1, 2000 at the rate of one per cent of the person’s pay. Manner of payment (2) Subsections 8(5) to (7) apply, with such modifications as the circumstances require, in respect of amounts required to be paid under subsection (1). R.S., 1985, c. R-11, s. 37; 1992, c. 46, s. 80; 1999, c. 34, s. 203. Benefit payable 38 Subject to this Part, a supplementary benefit is payable to every recipient. R.S., 1985, c. R-11, s. 38; 1992, c. 46, s. 80. Calculation of benefit 39 (1) The supplementary benefit payable to a recipient for a month in any year shall be calculated with reference to the retirement year of the recipient and shall be equal to the amount of the supplementary retirement benefit that would be payable with respect to the recipient’s pension under section 4 of the Supplementary Retirement Benefits Act if that Act applied to the recipient. Current to June 20, 2022 Last amended on June 21, 2019 Royal Canadian Mounted Police Superannuation PART III Supplementary Benefits Section 39 Exception for first year benefits received (2) The supplementary benefit payable to a recipient for a month in the year immediately following the recipient’s retirement year is equal to the product obtained by multiplying (a) the amount of the supplementary benefit that would, but for this section, be payable to the recipient for that month by (b) the ratio that the number of complete months that remained in the retirement year after the retirement month bears to twelve. Determination of retirement year or month (3) For the purposes of this section, (a) the retirement year or retirement month of a person to or in respect of whom or in respect of whose service a pension is payable, other than a person referred to in paragraph (b), is the year or month, as the case may be, in which, for the purposes of this Act, that person most recently ceased to be a member of the Force; and (b) the retirement year or retirement month of a person who is in receipt of a pension by reason of being a survivor or a child, is the retirement year or retirement month, as the case may be, of the person in respect of whom or in respect of whose service the pension is payable. No decrease in amount of supplementary benefit (4) Notwithstanding subsection (1) but subject to section 40, the aggregate of the amount of the supplementary benefit and the pension that may be paid to a recipient for a month in any year shall not be less than the aggregate of the amount of the supplementary benefit and the pension that was or may be paid to that recipient for any month in the year next before that year. Minimum guaranteed amount (5) Despite subsections (1), (2) and (4) but subject to section 40, the amount of the supplementary benefit that may be paid for a month in any year to a recipient shall not be less than an amount equal to the difference obtained by subtracting the amount of the pension that may be paid to the recipient for that month in that year from the aggregate of the supplementary benefit and the maximum pension that would have been payable to that recipient for that month in that year, otherwise than pursuant to this section, if the retirement month of the retirement Current to June 20, 2022 Last amended on June 21, 2019 Royal Canadian Mounted Police Superannuation PART III Supplementary Benefits Sections 39-41 year of the recipient had been that month in such year as is determined by (a) the Governor in Council, in the case of a person to or in respect of whom the pension is payable on ceasing to hold an office to which the person was appointed by the Governor in Council; or (b) the Treasury Board, in the case of a person other than a person described in paragraph (a). R.S., 1985, c. R-11, s. 39; 1992, c. 46, s. 80; 1999, c. 34, s. 204; 2003, c. 26, s. 63. Manner of payment of benefit 40 (1) The supplementary benefit payable to a recipient shall be paid at the same times, in the same manner, during or in respect of the same periods and subject to the same terms and conditions as the pension payable to that recipient. (2) [Repealed, 1999, c. 34, s. 205] 1992, c. 46, s. 80; 1999, c. 34, s. 205. PART IV General Regulations 41 (1) The Governor in Council may, for the purpose of enabling the pension plan provided by this Act to conform with any provision of section 147.1 of the Income Tax Act and Part LXXXV of the Income Tax Regulations, make regulations (a) adapting any provision of this Act or of any regulation made under this Act; (b) respecting the application of any provision of this Act or of any regulation made under this Act; and (c) generally as the Governor in Council may consider necessary for that purpose. Regulations (2) The Governor in Council may, for the purpose of ensuring the practical and fair application of this Act in any case where regulations are made or have been made under subsection (1), make regulations (a) adapting any provision of this Act or of any regulation made under this Act; (b) respecting the application of any provision of this Act or of any regulation made under this Act; and Current to June 20, 2022 Last amended on June 21, 2019 Royal Canadian Mounted Police Superannuation PART IV General Sections 41-42 (c) generally as the Governor in Council may consider necessary for that purpose. Inconsistency with Act or other regulations (3) In the event of any inconsistency between the provisions of any regulations made under subsection (1) or (2) and the provisions of this Act or any other regulations made under this Act, the provisions of the regulations made under subsection (1) or (2) prevail to the extent of the inconsistency. Retroactive application of regulations (4) Regulations made under subsection (1) or (2) may, if they so provide, be retroactive and be deemed to come into force on a day prior to the day on which they are made, which prior day shall not be before the day on which this subsection comes into force. Void regulations (5) A regulation made under subsection (1) or (2) is void if the regulation would reduce or have the effect of reducing the amount of any pension, annual allowance, annuity, supplementary benefit or lump sum payment that has accrued to any person before the day on which the regulation is made. Powers of Treasury Board (6) The Treasury Board may, in addition to the powers conferred on it by paragraph 7(2)(d) of the Financial Administration Act, exercise the powers of the Governor in Council under this section. 1992, c. 46, s. 80; 1999, c. 34, s. 206. Regulations 42 (1) The Governor in Council may make regulations respecting the manner in which and the extent to which any provisions of this Act or of any regulations made under this Act apply in respect of any service in the reserve force of the Canadian Forces of a contributor and adapting any of those provisions for the purposes of that application. Retroactive application of regulations (2) Regulations made under subsection (1) may, if they so provide, be retroactive and have effect with respect to any period before they are made. Powers of Treasury Board (3) The Treasury Board may, in addition to the powers conferred on it by paragraph 7(2)(d) of the Financial Administration Act, exercise the powers of the Governor in Council under this section. 2003, c. 26, s. 64. Current to June 20, 2022 Last amended on June 21, 2019 Royal Canadian Mounted Police Superannuation PART IV General Sections 43-44 Power of Minister 43 The Minister may use electronic means to create, communicate, make available, collect, receive, store or otherwise deal with documents or information under this Act. 2008, c. 28, s. 161. Regulations — electronic means 44 (1) The Governor in Council may make regulations (a) respecting the use of electronic means to create, communicate, make available, collect, receive, store or otherwise deal with a document or information under this Act, including (i) the technology or process, and the format, to be used, (ii) the place where an electronic document is to be made or sent, (iii) the time and circumstances when an electronic document is considered to be sent or received and the place where it is considered to have been sent or received, (iv) the technology or process to be used to make or verify an electronic signature and the manner in which the signature is to be used, and (v) the circumstances in which an electronic document must be signed with an electronic signature or a secure electronic signature; and (b) providing that a requirement under a provision of this Act to provide a document or information by nonelectronic means is satisfied by the provision of an electronic document if the prescribed conditions, if any, have been complied with. Personal Information Protection and Electronic Documents Act (2) In subsection (1), electronic document, electronic signature and secure electronic signature have the same meaning as in subsection 31(1) of the Personal Information Protection and Electronic Documents Act. Current to June 20, 2022 Last amended on June 21, 2019 Royal Canadian Mounted Police Superannuation PART IV General Section 44 Powers of Treasury Board (3) The Treasury Board may, in addition to the powers conferred on it by paragraph 7(2)(d) of the Financial Administration Act, exercise the powers of the Governor in Council under subsection (1). 2008, c. 28, s. 161. Current to June 20, 2022 Last amended on June 21, 2019 Royal Canadian Mounted Police Superannuation RELATED PROVISIONS RELATED PROVISIONS — 1989, c. 6, s. 33 Full allowances to spouses 33 Where, on the day immediately preceding the coming into force of this Act, a surviving spouse was in receipt of an annual allowance or a pension under Part I of the Public Service Superannuation Act, Part I of the Canadian Forces Superannuation Act, Part I of the Royal Canadian Mounted Police Superannuation Act or Part IV of the Royal Canadian Mounted Police Pension Continuation Act that was reduced by virtue of subsection 26(4) of the Public Service Superannuation Act, section 33 of the Canadian Forces Superannuation Act, subsection 19(4) of the Royal Canadian Mounted Police Superannuation Act or subsection 48(2) of the Royal Canadian Mounted Police Pension Continuation Act, as the case may be, as that provision read on that day, the surviving spouse is, commencing on the day on which this Act comes into force, entitled to the amount of the allowance or pension, as the case may be, to which the surviving spouse is otherwise entitled pursuant to that Act. — 1989, c. 6, s. 34 Resumption of allowances to spouses 34 Where, before the coming into force of this Act, payment of an allowance, annuity or pension to a spouse or surviving spouse was suspended or ceased, on remarriage of the spouse or surviving spouse, pursuant to subsection 25(2) of the Public Service Superannuation Act, section 27 of the Canadian Forces Superannuation Act, subsection 30(2) of the Defence Services Pension Continuation Act, subsection 9(5) of the Diplomatic Service (Special) Superannuation Act, subsection 14(2), 19(4) or 31(5) of the Members of Parliament Retiring Allowances Act, subsection 38.1(2) or 39(2) of the Members of Parliament Retiring Allowances Act, R.S.C. 1970, c. M-10 (as amended by R.S.C. 1970, c. 25 (1st Supp.), ss. 14 and 15), subsection 24(2) of the Royal Canadian Mounted Police Pension Continuation Act or section 16 of the Royal Canadian Mounted Police Superannuation Act, as that provision read from time to time before the coming into force of this Act, payment of the allowance, annuity or pension, as the case may be, to the spouse or surviving spouse shall, subject to that Act, be resumed on and with effect from the day on which this Act comes into force. — 1989, c. 6, s. 35 (1) Resumption of allowances to children 35 (1) Where, before the coming into force of this Act, payment of an allowance or annuity to a person did not commence or ceased because, on marriage, the person was not a child within the meaning of paragraph 12(9)(b) Current to June 20, 2022 Last amended on June 21, 2019 Royal Canadian Mounted Police Superannuation RELATED PROVISIONS of the Public Service Superannuation Act, paragraph 25(4)(b) of the Canadian Forces Superannuation Act, paragraph 13(4)(b) of the Royal Canadian Mounted Police Superannuation Act, paragraph 47(8)(b) of the Royal Canadian Mounted Police Pension Continuation Act or paragraph (b) of the definition child in subsection 31(6) of the Members of Parliament Retiring Allowances Act, as that provision read from time to time before the coming into force of this Act, payment of the allowance or annuity, as the case may be, to the person shall, subject to that Act, commence or be resumed, as the case may be, on and with effect from the day on which this Act comes into force. — 1992, c. 46, s. 108 Transitional 108 Payments made to the Supplementary Retirement Benefits Account on or after April 1, 1991, pursuant to Part III of the Public Service Superannuation Act, Part III of the Canadian Forces Superannuation Act, or Part III of the Royal Canadian Mounted Police Superannuation Act, as those Parts read immediately prior to the day on which this Act is assented to, are deemed to have been made to the Superannuation Account, the Canadian Forces Superannuation Account or the Royal Canadian Mounted Police Superannuation Account, as the case may be. — 1999, c. 34, s. 229 (1) Transitional — application of certain provisions 229 (1) Subsections 64(5) and (6) and 65(4), section 75, subsection 76(3), sections 82, 133, 135, 136, 139, 141, 180, 181, 183 and 185, subsection 186(3) and section 188 apply only with respect to contributors who die on or after the day on which this subsection comes into force. — 2003, c. 12, s. 6 (2) Reference to special duty areas 6 (2) In the definition special duty service in subsection 32.1(2) of the Royal Canadian Mounted Police Superannuation Act, as enacted by section 4 of this Act, the reference to a special duty area designated under section 91.2 of the Pension Act shall be read as including a special duty area designated by the Special Duty Area Pension Order made under subsection 91.1(1) of the Pension Act, as that subsection read immediately before the coming into force of this Act, until that order is repealed. Current to June 20, 2022 Last amended on June 21, 2019 Royal Canadian Mounted Police Superannuation RELATED PROVISIONS — 2003, c. 26, s. 69 Application of section 45 69 Section 45 applies only with respect to contributors who cease to be members of the Royal Canadian Mounted Police on or after the day on which this section comes into force. — 2009, c. 13, s. 12 Payments for part-time service 12 Every calculation made before October 26, 2006 of benefits payable under the Royal Canadian Mounted Police Superannuation Act — to or in respect of a former member of the Force within the meaning of subsection 3(1) of that Act — in respect of part-time service is valid to the extent that the result of the calculation is the same as it would have been if the calculation had been made in accordance with the Royal Canadian Mounted Police Superannuation Regulations, as those regulations read on October 26, 2006. — 2009, c. 13, s. 13 Manner of determination 13 The manner in which any amount required to be paid in respect of a period of service referred to in clause 6(b)(ii)(A) of the Royal Canadian Mounted Police Superannuation Act is determined before the regulations referred to in paragraph 7(1)(c) of that Act come into force is valid. — 2011, c. 24, par. 184 (a) and (d) Retroactive coming into force 184 Despite subsection 109(1) of An Act to amend certain Acts in relation to pensions and to enact the Special Retirement Arrangements Act and the Pension Benefits Division Act, chapter 46 of the Statutes of Canada, 1992, (in this section referred to as the “amending Act”) and Order in Council P.C. 1994-2097, made on December 14, 1994 and registered as SI/94-146, (a) subsections 2(4) and 6(2), sections 8, 11 and 18, subsection 33(2), sections 40 and 41, subsection 48(1) and sections 61, 68 and 70 of the amending Act are deemed to have come into force on December 15, 1994; ... (d) paragraph 26.1(1)(a) of the Royal Canadian Mounted Police Superannuation Act, as enacted by section 77 of the amending Act, is deemed to have come into force on December 15, 1994; and Current to June 20, 2022 Last amended on June 21, 2019 Royal Canadian Mounted Police Superannuation AMENDMENTS NOT IN FORCE AMENDMENTS NOT IN FORCE — 2008, c. 28, s. 162 162 The Act is amended by adding the following after section 44: Interest on overpayment 45 If there is an overpayment by a contributor in respect of amounts required to be paid under this Act, interest shall be paid on the overpayment in accordance with the regulations. Regulations — payment of interest 46 (1) The Governor in Council may make regulations respecting (a) the circumstances in which interest is to be paid; (b) the rate of interest, the manner of calculating the rate and the period in respect of which interest is to be paid; (c) the terms and conditions to which the payment of interest may be subject; and (d) any other matters that the Governor in Council deems necessary for the purposes of section 45. Powers of Treasury Board (2) The Treasury Board may, in addition to the powers conferred on it by paragraph 7(2)(d) of the Financial Administration Act, exercise the powers of the Governor in Council under subsection (1). — 2014, c. 39, s. 387 Definitions 387 The following definitions apply in sections 388 to 400. deemed employee means a person who is deemed under subsection 86(1) of the Enhancing Royal Canadian Mounted Police Accountability Act to be a person appointed under the Public Service Employment Act. (employé réputé) published date means the date that is published in the Canada Gazette by the Treasury Board under subsection 86(1) of the Enhancing Royal Canadian Mounted Police Accountability Act. (date publiée) Current to June 20, 2022 Last amended on June 21, 2019 Royal Canadian Mounted Police Superannuation AMENDMENTS NOT IN FORCE — 2014, c. 39, s. 388 Group 1 contributor 388 For the purposes of the Public Service Superannuation Act, commencing on the published date, a deemed employee is deemed to be a Group 1 contributor as described in subsection 12(0.1) of that Act if the deemed employee (a) is required to contribute under section 5 of that Act on the published date and continues to be required to contribute under that section without interruption from that date; (b) continues to be employed in the public service, as defined in subsection 3(1) of that Act, without interruption from the published date, is not required to contribute under section 5 of that Act on that date, by reason of paragraph 5(1)(f) or subsection 5.1(1) of that Act, and is required to contribute under section 5 of that Act after that date; (c) is required to contribute under section 5 of that Act on the published date, ceases to be required to contribute after that date, is again required to contribute under that section and continues to be employed in the public service, without interruption, from the cessation; or (d) is, on the day before the day on which he or she ceases to be employed in the public service, a deemed employee described in any of paragraphs (a) to (c), unless (i) the deemed employee has received a return of contributions under subsection 12(3) of that Act, (ii) a payment of a transfer value to the deemed employee has been effected in accordance with subsection 13.01(2) of that Act, or (iii) a payment has been made to an eligible employer in respect of the deemed employee in accordance with subsection 40.2(3) of that Act. — 2014, c. 39, s. 389 Period of pensionable service 389 The period of pensionable service under the Royal Canadian Mounted Police Superannuation Act to the credit of a deemed employee on the published date is, on that date, deemed to be a period of pensionable service under the Public Service Superannuation Act. Current to June 20, 2022 Last amended on June 21, 2019 Royal Canadian Mounted Police Superannuation AMENDMENTS NOT IN FORCE — 2014, c. 39, s. 390 Unpaid instalments 390 (1) If a deemed employee has undertaken under the Royal Canadian Mounted Police Superannuation Act to pay for a part of the period of pensionable service referred to in section 389 in instalments and has not paid all the instalments before the published date, the unpaid instalments must be paid into the Public Service Pension Fund established under subsection 44.2(1) of the Public Service Superannuation Act, in accordance with the terms that applied to those payments immediately before the published date. Instalments — cessation of employment or death (2) If the deemed employee ceases to be employed in the public service or dies before all the instalments have been paid, the unpaid instalments may be reserved, in accordance with the Public Service Superannuation Act, from any amount payable to or in respect of the deemed employee by Her Majesty in right of Canada, including any annuity or other benefit payable to or in respect of the deemed employee under that Act. — 2014, c. 39, s. 391 No annuity or benefit 391 Despite subsection 4(1) of the Royal Canadian Mounted Police Superannuation Act, no annuity or other benefit specified in Part I or III of that Act is payable to or in respect of a deemed employee in respect of the period of pensionable service referred to in section 389. — 2014, c. 39, s. 392 Salary 392 For the purposes of the Public Service Superannuation Act, a deemed employee is deemed to have received as salary, during the period of pensionable service referred to in section 389, the pay, as defined in subsection 3(1) of the Royal Canadian Mounted Police Superannuation Act as it read immediately before the day on which this section comes into force, applicable to the deemed employee as determined under the Royal Canadian Mounted Police Superannuation Act. — 2014, c. 39, s. 393 Period of employment 393 For the purposes of clause 13(1)(c)(ii)(C), subsections 13(4) and 51(1) and (2) and section 53 of the Public Service Superannuation Act, any period of service of a deemed employee as a member of the Force, as defined in subsection 3(1) of the Royal Canadian Mounted Police Superannuation Act as it read immediately before the Current to June 20, 2022 Last amended on June 21, 2019 Royal Canadian Mounted Police Superannuation AMENDMENTS NOT IN FORCE day on which this section comes into force, is deemed to be a period during which the deemed employee was employed in the public service. — 2014, c. 39, s. 394 Part-time employment 394 For the purposes of the Public Service Superannuation Act, any period of part-time service of a deemed employee as a member of the Force, as defined in subsection 3(1) of the Royal Canadian Mounted Police Superannuation Act as it read immediately before the day on which this section comes into force, is deemed to be a period during which the deemed employee was employed in the public service as a part-time employee. — 2014, c. 39, s. 395 Credit to Superannuation Account 395 There is to be charged to the Royal Canadian Mounted Police Superannuation Account that was continued under subsection 4(2) of the Royal Canadian Mounted Police Superannuation Act and to be credited to the Superannuation Account that was continued under subsection 4(2) of the Public Service Superannuation Act the amount determined by the President of the Treasury Board, based on actuarial advice and after consultation with the Minister of Public Safety and Emergency Preparedness, that is required to provide for benefits payable in respect of any portion of the period of pensionable service referred to in section 389 that was credited to a deemed employee before April 1, 2000. — 2014, c. 39, s. 396 Election under subsection 5.3(1) of Public Service Superannuation Act 396 For the purposes of the Public Service Superannuation Act, any period of service in respect of which a deemed employee made an election under subsection 6.1(1) of the Royal Canadian Mounted Police Superannuation Act is deemed to be a period of service in respect of which the deemed employee made an election under subsection 5.3(1) of the Public Service Superannuation Act. — 2014, c. 39, s. 397 1999, c. 34, s. 178(7); 2003, c. 26, s. 45(3) 397 (1) Subsections 11(7) to (10) of the Royal Canadian Mounted Police Superannuation Act are repealed. Current to June 20, 2022 Last amended on June 21, 2019 Royal Canadian Mounted Police Superannuation AMENDMENTS NOT IN FORCE 2009, c. 13, s. 5(1) (2) Subsection 11(11) of the Act is replaced by the following: Return of contributions (11) Despite anything in this section, except as provided for in subsection (1), (2) or (11.1), a contributor who ceases to be a member of the Force after serving in the Force for a period less than the period prescribed by the regulations for the purposes of this subsection is entitled only to a return of contributions. 2009, c. 13, s. 5(1) (3) The portion of subsection 11(11.1) of the Act before paragraph (a) is replaced by the following: Entitlement to deferred annuity (11.1) A contributor who ceases to be a member of the Force after serving in the Force for a period less than the period prescribed by the regulations for the purposes of subsection (11) is entitled to a deferred annuity if they 1999, c. 34, s. 178(7) (4) Subsection 11(12) of the Act is repealed. — 2014, c. 39, s. 398 2003, c. 26, s. 62(2). 398 (1) Paragraph 26.1(1)(h.2) of the Act is replaced by the following: (h.2) prescribing periods of service in the Force and periods of pensionable service for the purposes of sections 11, 12.1, 13 and 14, these periods being in no case shorter than two years or longer than, in the case of sections 13 and 14, five years, in the case of paragraphs 11(1)(a), 11(2)(a), 11(3)(a) and 11(5)(a), subsection 11(11) and section 12.1, 10 years, in the case of paragraphs 11(3)(c) and 11(5)(c), 20 years, and in the case of paragraph 11(5)(d), 25 years; 1999, c. 34, s. 194(3). (2) Paragraph 26.1(1)(h.6) of the Act is repealed. — 2014, c. 39, s. 399 1992, c. 46, s. 80 399 Paragraph (c) of the definition recipient in section 35 of the Act is repealed. Current to June 20, 2022 Last amended on June 21, 2019 Royal Canadian Mounted Police Superannuation AMENDMENTS NOT IN FORCE — 2014, c. 39, s. 400 Members not holding a rank in the Force 400 The Royal Canadian Mounted Police Superannuation Act, as it read on the day before the day on which this section comes into force, continues to apply to a person referred to in subsection 66(4) of the Canadian Security Intelligence Service Act, as it read on June 28, 1984, and to a member of the Force, as defined in subsection 3(1) of the Royal Canadian Mounted Police Superannuation Act, not holding a rank in the Force who ceased to be a member of the Force before the published date. Current to June 20, 2022 Last amended on June 21, 2019

CONSOLIDATION Royal Canadian Mounted Police Act R.S.C., 1985, c. R-10 Current to June 20, 2022 Last amended on July 12, 2019 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (2) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. Inconsistencies in Acts (2) In the event of an inconsistency between a consolidated statute published by the Minister under this Act and the original statute or a subsequent amendment as certified by the Clerk of the Parliaments under the Publication of Statutes Act, the original statute or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. The last amendments came into force on July 12, 2019. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 Last amended on July 12, 2019 TABLE OF PROVISIONS An Act respecting the Royal Canadian Mounted Police Short Title 1 Short title Interpretation 2 Definitions PART I Constitution and Organization Composition of Force 3 Police Force for Canada Employment of Force Commissioner 5 Appointment Officers and Members 6 Other officers 6.1 Commanding Officers Appointment and designation Duration of appointment Qualifications 9.1 Qualifications Revocation 9.2 Revocation of appointment Probation 9.3 Probationary period 9.4 Discharge Resignation 9.5 Resignation Supernumerary Special Constables 9.6 Appointment Civilian Staff 10 Appointment or employment Current to June 20, 2022 Last amended on July 12, 2019 ii Royal Canadian Mounted Police TABLE OF PROVISIONS Reserve 11 Establishment Peace Officers 11.1 Officers Certificates 11.2 Certificates Suspension 12 Suspension Headquarters 13 Headquarters Oaths 14 Oaths Absence of Commissioner 15 Authority where Commissioner absent Duties 18 Duties Arrangements with provinces Human Resource Management 20.1 Treasury Board’s powers 20.2 Commissioner’s powers Regulations and Rules 21 Regulations Pay and Allowances 22 Pay and allowances Benefit Trust Fund 23 Fees, gifts, etc., payable to Fund Disposition of Property 24 Abandoned or lost property Boards of Inquiry 24.1 Board of Inquiry PART II Royal Canadian Mounted Police External Review Committee Establishment and Organization of Committee 25 Committee established Committee Chairperson Current to June 20, 2022 Last amended on July 12, 2019 iv Royal Canadian Mounted Police TABLE OF PROVISIONS Head office Duties 28 Duties of Committee 28.1 Service standards respecting time limits Rules 29 Rules Annual Report 30 Annual report PART III Grievances Interpretation 30.1 Former members Conflict Management 30.2 Informal conflict management system Presentation of Grievances 31 Member’s right Final level in grievance process Reference to Committee 33 Reference to Committee Review by Committee Chairperson Committee Rules 36 Rules Recommendation for Deputy Commissioner’s Discharge 36.1 Recommendation for Deputy Commissioner’s discharge PART IV Conduct Purposes of Part 36.2 Purposes Responsibilities 37 Responsibilities Code of Conduct 38 Code of Conduct Contravention of Code of Conduct Current to June 20, 2022 Last amended on July 12, 2019 v Royal Canadian Mounted Police TABLE OF PROVISIONS Investigation 39.1 Rules — conduct measures 39.2 Rules — investigations Investigation 40.1 Definitions 40.2 Authority to issue warrant 40.3 Production order 40.4 Conditions 40.5 Particulars — production orders 40.6 Probative force of copies 40.7 Application for exemption 40.8 Self-incrimination Notice to designated officer Conduct authority’s powers Conduct Boards 43 Appointment Objection to appointment Role of conduct board Hearing 45.1 Parties Appeal 45.11 Appeal to Commissioner — conduct board’s decision 45.15 Referral to Committee 45.16 Disposal of appeal against conduct board’s finding 45.17 Recommendation for Deputy Commissioner’s dismissal Notice 45.171 Notice to complainant and Commission 45.172 Notice to person making representations 45.173 Notice to Chairperson PART V Management Advisory Board 45.18 Establishment 45.19 Appointment of members 45.2 Meetings 45.21 Administrative matters 45.22 Right of access to information Current to June 20, 2022 Last amended on July 12, 2019 v Royal Canadian Mounted Police TABLE OF PROVISIONS 45.23 No waiver 45.24 Statistical and analytical reports PART VI Civilian Review and Complaints Commission For the Royal Canadian Mounted Police Establishment and Organization 45.29 Establishment 45.3 Full- or part-time 45.31 Chairperson 45.32 Head office Powers, Duties and Functions 45.33 Powers, duties and functions of Commission 45.34 Review and report 45.35 Review for province 45.351 National security 45.36 Powers 45.37 Service standards respecting time limits 45.38 Education and information Information Provisions 45.39 Right of access 45.4 Definition of privileged information 45.41 Former judge or other individual 45.42 Exceptions 45.43 Use of privileged information 45.44 Protection of information 45.45 Security requirements 45.46 Safeguards — third party 45.47 Disclosure by Commission prohibited 45.48 Disclosure by former judge or other individual prohibited Rules 45.49 Rules Immunity 45.5 Protection Reporting 45.51 Special reports 45.52 Annual report Current to June 20, 2022 Last amended on July 12, 2019 vi Royal Canadian Mounted Police TABLE OF PROVISIONS PART VII Investigation, Review and Hearing of Complaints Complaints 45.53 Complaints 45.54 Notice Withdrawal of Complaints 45.55 Withdrawal Informal Resolution 45.56 Informal resolution Representations 45.57 Right to make representations 45.58 Records of complaints Chairperson-initiated Complaints 45.59 Complaints initiated by Chairperson Investigation of Complaints by the Force 45.6 Investigation by the Force 45.61 Right to refuse or terminate investigation 45.62 Rules 45.63 Updates with respect to the investigation 45.64 Report Powers of the Commission in Relation to Complaints 45.65 Powers Investigation by the Commission 45.66 Complaints 45.67 Right to terminate investigation 45.68 Consolidation of complaints 45.69 Updates with respect to investigation Referral of Complaints to Commission 45.7 Referral to Commission 45.71 Review by Commission 45.72 Commissioner’s response Hearings 45.73 Hearing Suspension and Joint Proceedings 45.74 Duty to suspend Current to June 20, 2022 Last amended on July 12, 2019 vi Royal Canadian Mounted Police TABLE OF PROVISIONS 45.75 Joint investigation, review or hearing Reports Following Investigation or Hearing 45.76 Interim report 45.77 Final and conclusive 45.78 Return of documents and things PART VII.1 Serious Incidents 45.79 Definitions 45.8 Notification 45.81 Duty to consider investigative body 45.82 Request to police force 45.83 Observer — investigation by another police force 45.84 Recommendations 45.85 Report 45.86 Information subject to privilege 45.87 Regulations PART VII.2 Review of Integrated Cross-Border Law Enforcement Operations Interpretation 45.88 Definitions Purpose 45.89 Purpose Application of Sections 45.34 to 45.51 45.9 Application of certain provisions Reporting 45.91 Copy of report to provincial ministers 45.92 Review for province 45.93 Annual report — provinces Investigation, Review and Hearing of Complaints 45.94 Application of certain provisions 45.95 Joint investigations, etc. 45.96 Rules 45.97 Final reports Current to June 20, 2022 Last amended on July 12, 2019 ix Royal Canadian Mounted Police TABLE OF PROVISIONS Serious Incidents 45.98 Application of certain provisions 45.99 Notification 45.991 Notification — investigative body PART VIII General Miscellaneous Provisions having General Application 46 Definition of board Immunity 47.01 Immunity 47.1 Representation 47.3 Legal proceedings 47.4 Extensions of time limitations 47.5 Evidence not admissible Offences 48 Bribes, etc. Unlawful use of name of Force Attendance of witnesses, etc. 50.1 Offences — harassment, obstruction, destroying documents etc. 50.2 Offence — failure to comply 50.3 Offence to disclose certain information Punishment Limitation period SCHEDULE Current to June 20, 2022 Last amended on July 12, 2019 x R.S.C., 1985, c. R-10 An Act respecting the Royal Canadian Mounted Police Short Title Short title 1 This Act may be cited as the Royal Canadian Mounted Police Act. R.S., c. R-9, s. 1. Interpretation Definitions 2 (1) In this Act, appropriate officer [Repealed, 2013, c. 18, s. 2] child means a person who is or, in the absence of any evidence to the contrary, appears to be under the age of eighteen years; (enfant) Code of Conduct means the regulations made pursuant to section 38; (code de déontologie) Commission means the Civilian Review and Complaints Commission for the Royal Canadian Mounted Police established by subsection 45.29(1); (Commission) Commission Chairman [Repealed, 2013, c. 18, s. 2] Commissioner means the Commissioner of the Royal Canadian Mounted Police; (commissaire) Committee means the Royal Canadian Mounted Police External Review Committee established by section 25; (Comité) Committee Chairman [Repealed, 2013, c. 18, s. 2] conduct authority, in respect of a member, means a person designated under subsection (3) in respect of the member; (autorité disciplinaire) Current to June 20, 2022 Last amended on July 12, 2019 Royal Canadian Mounted Police Interpretation Sections 2-3 Force means the Royal Canadian Mounted Police; (Gendarmerie) guardian means, in respect of a child, any person, other than a parent of the child, who is under a legal duty to provide for the child or who has, in law or in fact, the custody or control of the child; (tuteur) member means any person who has been appointed under section 5 or subsection 6(3) or (4) or 7(1) and who is employed with the Force; (membre) Minister means the Minister of Public Safety and Emergency Preparedness; (ministre) officer means a member appointed under section 5 or subsection 6(3) or (4); (officier) proceedings, in relation to the Commission, means any investigation or hearing conducted by the Commission with respect to a complaint made under Part VII or VII.2. (procédure) representative means a person who is representing or assisting a member or a conduct authority under section 47.1. (représentant) Commissioner’s standing orders (2) The rules made by the Commissioner under any provision of this Act empowering the Commissioner to make rules shall be known as Commissioner’s standing orders. Designation (3) The Commissioner may designate any person to be a conduct authority in respect of a member either for the purposes of this Act generally or for the purposes of any particular provision of this Act. R.S., 1985, c. R-10, s. 2; R.S., 1985, c. 8 (2nd Supp.), s. 1; 2005, c. 10, s. 34; 2013, c. 18, ss. 2, 79. PART I Constitution and Organization Composition of Force Police Force for Canada 3 There shall continue to be a police force for Canada, which shall consist of officers and other members and be known as the Royal Canadian Mounted Police. R.S., c. R-9, s. 3. Current to June 20, 2022 Last amended on July 12, 2019 Royal Canadian Mounted Police PART I Constitution and Organization Composition of Force Sections 4-6 Employment of Force 4 The Force may be employed in such places within or outside Canada as the Governor in Council prescribes. R.S., c. R-9, s. 4. Commissioner Appointment 5 (1) The Governor in Council may appoint an officer, to be known as the Commissioner of the Royal Canadian Mounted Police, to hold office during pleasure, who, under the direction of the Minister, has the control and management of the Force and all matters connected with the Force. Delegation (2) The Commissioner may delegate to any member, subject to any terms and conditions that the Commissioner directs, any of the Commissioner’s powers, duties or functions under this Act, except the power to delegate under this subsection, the power to make rules under this Act and the powers, duties or functions under subsections 45.4(5) and 45.41(10). R.S., 1985, c. R-10, s. 5; R.S., 1985, c. 8 (2nd Supp.), s. 2; 2013, c. 18, ss. 3, 77. Officers and Members Other officers 6 (1) The officers of the Force, in addition to the Commissioner, shall consist of (a) Deputy Commissioners, (b) Assistant Commissioners, (c) Chief Superintendents, (d) Superintendents, (e) Inspectors, (f) [Repealed, R.S., 1985, c. 8 (2nd Supp.), s. 3] and such other ranks as are prescribed by the Governor in Council. Maximum number (2) The maximum number of officers in each rank shall be as prescribed by the Treasury Board. Current to June 20, 2022 Last amended on July 12, 2019 Royal Canadian Mounted Police PART I Constitution and Organization Officers and Members Sections 6-7 Appointment of Deputy Commissioners (3) The Governor in Council may appoint any person to the rank of Deputy Commissioner to hold office during pleasure. Appointment of other officers (4) The Commissioner may appoint any person to any other rank of officer and, by way of promotion, appoint an officer to a higher rank, other than to the rank of Deputy Commissioner. Commissions (5) The Governor in Council may authorize the issue of a commission under the Great Seal to an officer on the officer’s first appointment to the rank of an officer or on the recommendation of the Commissioner. R.S., 1985, c. R-10, s. 6; R.S., 1985, c. 8 (2nd Supp.), ss. 3, 24(E); 2013, c. 18, s. 5. Commanding Officers 6.1 (1) The Governor in Council may, in respect of each Division of the Force, on the recommendation of the Minister, designate an officer to be the Division’s Commanding Officer to hold office during pleasure. Recommendation (2) The Minister’s recommendation is to be made on the recommendation of the Commissioner. Absence or incapacity (3) In the event of the absence or incapacity of a Commanding Officer or if a position of Commanding Officer is vacant, the Commissioner may authorize another officer to act as the Commanding Officer, but no officer may act as the Commanding Officer for more than 180 days without the Governor in Council’s approval. Termination of designation (4) An officer who holds office as a Commanding Officer ceases to hold that office if the officer ceases to be an officer but nothing in this subsection precludes the termination of the officer’s designation for any other reason. 2013, c. 18, s. 7. Appointment and designation 7 (1) The Commissioner may appoint members of the Force other than officers and, by way of promotion, appoint a member other than an officer to a higher rank, other than to the rank of Deputy Commissioner, or to a higher level, for which there is a vacancy. Current to June 20, 2022 Last amended on July 12, 2019 Royal Canadian Mounted Police PART I Constitution and Organization Officers and Members Sections 7-9.1 Ranks and levels (2) The ranks and levels of members other than officers and the maximum numbers of persons that may be appointed to each rank and level shall be as prescribed by the Treasury Board. (3) to (5) [Repealed, 2013, c. 18, s. 8] R.S., 1985, c. R-10, s. 7; R.S., 1985, c. 8 (2nd Supp.), s. 4, c. 1 (4th Supp.), s. 45(F); 2013, c. 18, s. 8. Duration of appointment 8 (1) The term of a member’s appointment under subsection 6(4) or 7(1) is indeterminate unless the Commissioner specifies that it is for a fixed period. Expiry of fixed period (2) A member whose appointment is for a fixed period ceases to be a member at the expiry of that period or of any extension made under subsection (3). Extension (3) The Commissioner may extend the period of the term of a member whose appointment is for a fixed period. The extension does not constitute an appointment under subsection 6(4) or 7(1). R.S., 1985, c. R-10, s. 8; R.S., 1985, c. 8 (2nd Supp.), s. 4, c. 1 (4th Supp.), s. 45(F); 2013, c. 18, s. 9. 9 [Repealed, 2013, c. 18, s. 9] Qualifications Qualifications 9.1 (1) Subject to subsection (2), no person shall be appointed to be a member unless that person is a Canadian citizen, is of good character and has the necessary physical qualities and, in the case of a member other than an officer, that person meets such other qualifications for appointment to the Force as the Commissioner may, by rule, prescribe. Exception (2) When no person who meets the qualifications described in subsection (1) is available for appointment as a member, any person who is not a Canadian citizen but meets the other qualifications described in that subsection that are applicable to that person may be appointed to be a member. R.S., 1985, c. 8 (2nd Supp.), s. 4. Current to June 20, 2022 Last amended on July 12, 2019 Royal Canadian Mounted Police PART I Constitution and Organization Revocation Sections 9.2-9.5 Revocation Revocation of appointment 9.2 The Commissioner’s power to appoint a person as a member or to appoint a member, by way of promotion, to a higher rank or level, includes the power to revoke the appointment and to take corrective action whenever the Commissioner is satisfied that an error, an omission or improper conduct affected the selection of the person or member for appointment. 2013, c. 18, s. 10. Probation Probationary period 9.3 (1) A person appointed as a member is on probation for a period established by rules of the Commissioner. Clarification (2) A member’s probationary period is not terminated by any appointment, demotion or transfer from one position to another during that period. 2013, c. 18, s. 10. Discharge 9.4 (1) While a member is on probation, the Commissioner may discharge the member by notifying the member that the member will be discharged at the end of the notice period established by rules of the Commissioner. The member ceases to be a member at the end of that notice period. Compensation in lieu of notice (2) Instead of giving the notice referred to in subsection (1), the Commissioner may notify the member that the member is discharged on the date specified by the Commissioner and that the member will be paid an amount equal to the salary the member would have been paid during the notice period referred to in subsection (1). The member ceases to be a member at that specified date. 2013, c. 18, s. 10. Resignation Resignation 9.5 A member may resign from the Force by giving the Commissioner notice in writing of their intention to resign, and the member ceases to be a member on the date Current to June 20, 2022 Last amended on July 12, 2019 Royal Canadian Mounted Police PART I Constitution and Organization Resignation Sections 9.5-11 specified by the Commissioner in writing on accepting the resignation. 2013, c. 18, s. 10. Supernumerary Special Constables Appointment 9.6 (1) The Commissioner may, on the request of any department as defined in section 2 of the Financial Administration Act or if he or she considers it necessary or in the public interest, appoint, for periods of not more than 12 months, special constables supernumerary to the strength of the Force for the purpose of maintaining law and order. Revocation of appointment (2) The Commissioner may at any time revoke the appointment of any supernumerary special constable. No entitlement to pecuniary privileges or benefits (3) Supernumerary special constables are not entitled to any pecuniary privileges or benefits under this Act. 2013, c. 18, s. 10. Civilian Staff Appointment or employment 10 The civilian employees that are necessary for carrying out the functions and duties of the Force shall be appointed or employed under the Public Service Employment Act. R.S., 1985, c. R-10, s. 10; R.S., 1985, c. 8 (2nd Supp.), s. 5; 2013, c. 18, s. 11. Reserve Establishment 11 (1) The Governor in Council may make regulations providing for the establishment of a Royal Canadian Mounted Police Reserve, for the appointment of persons as reservists and for defining their powers, duties and functions. Application of this Act to Reserve (2) Except as provided by the regulations made under subsection (1), this Act does not apply to reservists. Royal Canadian Mounted Police Superannuation Act (3) Despite subsection 3(3) of the Royal Canadian Mounted Police Superannuation Act, for the purposes of Current to June 20, 2022 Last amended on July 12, 2019 Royal Canadian Mounted Police PART I Constitution and Organization Reserve Sections 11-11.2 that Act, the Public Service Superannuation Act and the Canadian Forces Superannuation Act, a reservist is not deemed to be employed in the public service, as defined in subsection 3(1) of the Royal Canadian Mounted Police Superannuation Act. R.S., 1985, c. R-10, s. 11; 2013, c. 18, s. 11. Peace Officers Officers 11.1 (1) Every officer is a peace officer in every part of Canada and has all the powers, authority, protection and privileges that a peace officer has by law until the officer ceases to be an officer. Designation of others as peace officers (2) The Commissioner may designate any member, other than an officer, any supernumerary special constable appointed under subsection 9.6(1), any person appointed as a reservist under the regulations and any other person who is under the Commissioner’s jurisdiction as a peace officer. Powers, authority, etc. (3) Every person designated under subsection (2) has the same powers, authority, protection and privileges as officers under subsection (1) until the person’s designation expires or is revoked or the designated person ceases to be a member, supernumerary special constable or reservist, or a person under the Commissioner’s jurisdiction, as the case may be. 2013, c. 18, s. 11. Certificates Certificates 11.2 (1) The Commissioner may issue (a) a certificate to any member stating that the person to whom it is issued is a member of the Force and, if that person is also a peace officer, that the person is a peace officer; and (b) a certificate to any other person under the Commissioner’s jurisdiction stating that the person to whom it is issued is a peace officer, if that person has been designated as such under subsection 11.1(2). Current to June 20, 2022 Last amended on July 12, 2019 Royal Canadian Mounted Police PART I Constitution and Organization Certificates Sections 11.2-15 Evidence of appointment or designation (2) Any document purporting to be a certif-icate referred to in subsection (1) is evidence in all courts and in all proceedings of the facts stated in it. 2013, c. 18, s. 11. Suspension Suspension 12 Every member who has contravened, is found contravening or is suspected of contravening any provision of the Code of Conduct or of an Act of Parliament, or of the legislature of a province, may be suspended from duty by the Commissioner. R.S., 1985, c. R-10, s. 12; R.S., 1985, c. 8 (2nd Supp.), s. 6; 2013, c. 18, s. 11. 12.1 [Repealed, 2013, c. 18, s. 11] Headquarters Headquarters 13 The headquarters of the Force and the offices of the Commissioner shall be at Ottawa. R.S., c. R-9, s. 14. Oaths Oaths 14 (1) Every member shall, before entering on the duties of the member’s office, take the oath of allegiance and the oaths set out in the schedule. Authority to administer (2) The oaths prescribed by subsection (1), and any other oath or declaration that may be necessary or required, may be taken by the Commissioner before any judge, provincial court judge or justice of the peace having jurisdiction in any part of Canada, and by any other member before the Commissioner or any officer or person having authority to administer oaths or take and receive affidavits. R.S., 1985, c. R-10, s. 14; R.S., 1985, c. 27 (1st Supp.), s. 203, c. 8 (2nd Supp.), s. 8. Absence of Commissioner Authority where Commissioner absent 15 (1) In the event that the Commissioner is absent or unable to act or the office is vacant, the senior Deputy Commissioner at the headquarters of the Force has, for the time being, the control and management of the Force Current to June 20, 2022 Last amended on July 12, 2019 Royal Canadian Mounted Police PART I Constitution and Organization Absence of Commissioner Sections 15-19 and all matters connected therewith, and for such purposes the senior Deputy Commissioner may exercise all the powers of the Commissioner under this Act or any other Act. Authority where Commissioner and Deputy Commissioners absent (2) In the event that the Commissioner and all the Deputy Commissioners are absent or unable to act or the offices are vacant, the senior Assistant Commissioner at the headquarters of the Force has, for the time being, the control and management of the Force and all matters connected therewith, and for such purposes the senior Assistant Commissioner may exercise all of the powers of the Commissioner under this Act or any other Act. R.S., c. R-9, s. 16. 16 [Repealed, R.S., 1985, c. 8 (2nd Supp.), s. 9] 17 [Repealed, R.S., 1985, c. 8 (2nd Supp.), s. 10] Duties Duties 18 It is the duty of members who are peace officers, subject to the orders of the Commissioner, (a) to perform all duties that are assigned to peace officers in relation to the preservation of the peace, the prevention of crime and of offences against the laws of Canada and the laws in force in any province in which they may be employed, and the apprehension of criminals and offenders and others who may be lawfully taken into custody; (b) to execute all warrants, and perform all duties and services in relation thereto, that may, under this Act or the laws of Canada or the laws in force in any province, be lawfully executed and performed by peace officers; (c) to perform all duties that may be lawfully performed by peace officers in relation to the escort and conveyance of convicts and other persons in custody to or from any courts, places of punishment or confinement, asylums or other places; and (d) to perform such other duties and functions as are prescribed by the Governor in Council or the Commissioner. R.S., c. R-9, s. 18. 19 [Repealed, R.S., 1985, c. 8 (2nd Supp.), s. 11] Current to June 20, 2022 Last amended on July 12, 2019 Royal Canadian Mounted Police PART I Constitution and Organization Duties Sections 20-20.1 Arrangements with provinces 20 (1) The Minister may, with the approval of the Governor in Council, enter into an arrangement with the government of any province for the use or employment of the Force, or any portion thereof, in aiding the administration of justice in the province and in carrying into effect the laws in force therein. Arrangements with municipalities (2) The Minister may, with the approval of the Governor in Council and the lieutenant governor in council of any province, enter into an arrangement with any municipality in the province for the use or employment of the Force, or any portion thereof, in aiding the administration of justice in the municipality and in carrying into effect the laws in force therein. Payment for services (3) The Minister may, with the approval of the Treasury Board, in any arrangement made under subsection (1) or (2), agree on and determine the amount of money to be paid by the province or municipality for the services of the Force. Taking over other police forces (4) There may be included in any arrangement made under subsection (1) or (2) provision for the taking over by the Force of officers and other members of any provincial or municipal police force. Report to Parliament (5) The Minister shall cause to be laid before Parliament a copy of every arrangement made under subsection (1) or (2) within fifteen days after it is made or, if Parliament is not then sitting, on any of the first fifteen days next thereafter that either House of Parliament is sitting. R.S., c. R-9, s. 20. Human Resource Management Treasury Board’s powers 20.1 In addition to its powers under section 11.1 of the Financial Administration Act, the Treasury Board may, in the exercise of its human resources management responsibilities under paragraph 7(1)(e) of that Act, (a) determine categories of members; and (b) establish policies or issue directives respecting the exercise of the powers granted to the Commissioner by paragraphs 20.2(1)(h) and (i) and the reporting by the Current to June 20, 2022 Last amended on July 12, 2019 Royal Canadian Mounted Police PART I Constitution and Organization Human Resource Management Sections 20.1-20.2 Commissioner in respect of the exercise of those powers. 2013, c. 18, ss. 12, 13. Commissioner’s powers 20.2 (1) The Commissioner may (a) determine the learning, training and development requirements of members and fix the terms on which the learning, training and development may be carried out; (b) provide for the awards to be made to members for outstanding performance of their duties, for other meritorious achievement in relation to their duties or for inventions or practical suggestions for improvements; (c) require a member to undergo a medical examination or an assessment by a qualified person specified by the Commissioner for the purpose of establishing the member’s ability to perform their duties or to participate in conduct related proceedings, other than a hearing initiated under subsection 41(1); (d) recommend the discharge of any Deputy Commissioner whose performance, in the opinion of the Commissioner, is unsatisfactory; (e) discharge or demote any member, other than a Deputy Commissioner, whose performance, in the Commissioner’s opinion, is unsatisfactory; (f) recommend the discharge of any Deputy Commissioner for reasons other than a contravention of any provision of the Code of Conduct; (g) discharge or demote any member, other than a Deputy Commissioner, for reasons other than a contravention of any provision of the Code of Conduct; (h) recommend the discharge of any Deputy Commissioner to whom an offer of employment is made as the result of the transfer of any work, undertaking or business from the Force to any other entity; (i) discharge any member, other than a Deputy Commissioner, to whom an offer of employment is made as the result of the transfer of any work, undertaking or business from the Force to any other entity; (j) recommend the discharge of any Deputy Commissioner for the promotion of economy and efficiency in the Force; Current to June 20, 2022 Last amended on July 12, 2019 Royal Canadian Mounted Police PART I Constitution and Organization Human Resource Management Sections 20.2-21 (k) discharge any member, other than a Deputy Commissioner, for the promotion of economy and efficiency in the Force; and (l) establish procedures to investigate and resolve disputes relating to alleged harassment by a member. For cause (2) The recommendation for discharge under paragraph (1)(d) or (f), and the discharge or demotion under paragraph (1)(e) or (g), of a member may only be for cause. Delegation (3) Despite subsection 5(2), the Commissioner may delegate to any person under the Commissioner’s jurisdiction, subject to any terms and conditions that the Commissioner directs, any of the Commissioner’s powers under subsection (1). Sub-delegation (4) Any person to whom powers are delegated under subsection (3) may, subject to and in accordance with the delegation, sub-delegate any of those powers to any other person under the Commissioner’s jurisdiction. 2013, c. 18, s. 13. Regulations and Rules Regulations 21 (1) The Governor in Council may make regulations (a) respecting the exercise of the Commissioner’s powers under any of paragraphs 20.2(1)(a) to (g) and (j) to (l); (b) for the organization, conduct, performance of duties, discipline, efficiency, administration or good government of the Force; (b.1) respecting the qualifications of persons who are not under the Commissioner’s jurisdiction who may be designated under subsection 2(3) and the circumstances under which they may be designated; (b.2) respecting the appointment of persons to conduct boards established under section 43 and the qualification of the persons who may be appointed; (b.3) respecting the period during which records relating to investigations and proceedings under Part IV are to be retained; Current to June 20, 2022 Last amended on July 12, 2019 Royal Canadian Mounted Police PART I Constitution and Organization Regulations and Rules Section 21 (b.4) respecting the service of documents required or authorized to be served under this Act including the manner and proof of service and the circumstances under which documents are to be considered to be served; and (c) generally, for carrying the purposes and provisions of this Act into effect. Rules (2) Subject to the provisions of this Act and the regulations, the Commissioner may make rules (a) prescribing a probationary period for the purposes of subsection 9.3(1); (b) respecting the decision to discharge a member under section 9.4 and the making of a complaint procedure in relation to the decision; (c) prescribing a notice period for the purposes of subsection 9.4(1); (d) respecting the Commissioner’s authority under subsection 22(2) to direct the stoppage of pay and allowances of members; (e) respecting the application of any of paragraphs 20.2(1)(a), (b), (c) and (l); (f) respecting the making of a decision to recommend the discharge of a Deputy Commissioner under any of paragraphs 20.2(1)(d), (f) and (j); (g) respecting the making of a decision to discharge or demote a member under any of paragraphs 20.2(1)(e), (g) and (k); (h) defining standardized test for the purposes of subsection 31(4.1); (i) respecting the performance by members of their duties; (j) establishing basic requirements for the carrying on of a member’s duties as a member; (k) respecting the conduct of members; (l) respecting the designation of persons to be conduct authorities; and (m) respecting the organization, efficiency or administration or good government of the Force. R.S., 1985, c. R-10, s. 21; R.S., 1985, c. 8 (2nd Supp.), s. 12; 2013, c. 18, s. 14. Current to June 20, 2022 Last amended on July 12, 2019 Royal Canadian Mounted Police PART I Constitution and Organization Pay and Allowances Sections 22-23 Pay and Allowances Pay and allowances 22 (1) The Treasury Board shall establish the pay and allowances to be paid to members. Reduction in pay where demotion (1.1) Where, pursuant to this Act, a member is demoted, the rate of pay of that member shall be reduced to the highest rate of pay for the rank or level to which the member is demoted that does not exceed the member’s rate of pay at the time of the demotion. Stoppage of pay and allowances (2) The Commissioner may direct that a member’s pay and allowances be stopped if (a) the Commissioner is of the opinion that the member (i) is unable to perform their duties as the result of the loss of a basic requirement, as set out in the rules, for the carrying out of a member’s duties, (ii) is absent from duty without authorization, or (iii) has left any assigned duty without authorization; (b) the Commissioner has suspended the member from duty under section 12; or (c) the member is a Deputy Commissioner who is the subject of a recommendation made under paragraph 20.2(1)(d), (f), (h) or (j). Imprisonment (3) For the purpose of paragraph (2)(a), being absent from duty without authorization includes being detained in custody or serving a period of imprisonment. R.S., 1985, c. R-10, s. 22; R.S., 1985, c. 8 (2nd Supp.), s. 13; 2013, c. 18, s. 15. Benefit Trust Fund Fees, gifts, etc., payable to Fund 23 (1) All (a) fees, costs, remuneration or commissions, other than pay and allowances under section 22, and Current to June 20, 2022 Last amended on July 12, 2019 Royal Canadian Mounted Police PART I Constitution and Organization Benefit Trust Fund Sections 23-24 (b) gifts, awards and bequests, if money or converted into money, other than gifts or rewards under subsection (3), earned by or awarded, paid or granted to any member in connection with the performance of the member’s duties in the Force shall be paid to the Benefit Trust Fund maintained by the Force, unless the Minister directs otherwise. Pay, forfeitures payable to Fund (2) Notwithstanding any other Act, all pay forfeited under this Act and the proceeds of all forfeitures and seizures awarded or adjudged to any member in connection with the performance of the member’s duties in the Force shall be paid to the Benefit Trust Fund maintained by the Force. Purpose of Benefit Trust Fund (3) The money paid to the Benefit Trust Fund pursuant to this section shall be used (a) for the benefit of members and former members and their dependants; (b) as a reward, grant or compensation to any person who assists the Force in the performance of its duties in any case where the Minister is of the opinion that the person is deserving of recognition for the service rendered; (c) as a reward to any person appointed or employed under the authority of this Act for good conduct or meritorious service; and (d) for such other objects for the benefit of the Force as the Minister may direct. Regulations (4) The Governor in Council may make regulations governing the management and disposition by loan, grant or otherwise of any money paid to the Benefit Trust Fund pursuant to this section. R.S., 1985, c. R-10, s. 23; R.S., 1985, c. 8 (2nd Supp.), s. 14. Disposition of Property Abandoned or lost property 24 Where it appears to the Commissioner (a) that any personal property that has, in Yukon, the Northwest Territories or Nunavut, come into the hands of any member in the course of the member’s Current to June 20, 2022 Last amended on July 12, 2019 Royal Canadian Mounted Police PART I Constitution and Organization Disposition of Property Sections 24-24.1 duties has been abandoned by the owner of it or the person entitled to it, or (b) that a reasonable attempt has been made to find the owner of or person entitled to any personal property that has, in Yukon, the Northwest Territories or Nunavut, come into the hands of any member in the course of the member’s duties, but the owner or person cannot be found, the Commissioner may make such disposition of the property as the Commissioner in the circumstances deems fit, but the proceeds, if any, from the sale or other disposition of the property, and any such property consisting of money, shall be paid into the Consolidated Revenue Fund. R.S., 1985, c. R-10, s. 24; R.S., 1985, c. 8 (2nd Supp.), s. 24(E); 1993, c. 28, s. 78; 2002, c. 7, s. 235(E). Boards of Inquiry Board of Inquiry 24.1 (1) The Minister or the Commissioner may appoint such persons as the Minister or Commissioner considers appropriate as a board of inquiry to investigate and report on any matter connected with the organization, training, conduct, performance of duties, discipline, efficiency, administration or government of the Force or affecting any member or other person appointed or employed under the authority of this Act. Clarification (1.1) For greater certainty, the power to appoint under subsection (1) includes the power to appoint all or any of the members of the Commission. Matter to be investigated (2) Where the Minister or the Commissioner appoints a board of inquiry under subsection (1), the Minister or Commissioner shall specify in writing the matter that the board is to investigate and report on. Powers of board of inquiry (3) A board of inquiry has, in relation to the matter before it, power (a) to summon any person before the board and to require that person to give oral or written evidence on oath and to produce such documents and things under that person’s control as the board deems requisite to the full investigation and consideration of that matter; (b) to administer oaths; Current to June 20, 2022 Last amended on July 12, 2019 Royal Canadian Mounted Police PART I Constitution and Organization Boards of Inquiry Section 24.1 (c) to receive and accept on oath or by affidavit such evidence and other information as the board sees fit, whether or not such evidence or information is or would be admissible in a court of law; and (d) to make such examination of records and such inquiries as the board deems necessary. Rights of persons interested (4) Any person whose conduct or affairs are being investigated by a board of inquiry or who satisfies a board of inquiry that the person has a substantial and direct interest in the matter before the board shall be afforded a full and ample opportunity, in person or by counsel or a representative, to present evidence, to cross-examine witnesses and to make representations before the board. Representation of witnesses (5) A board of inquiry shall permit any person who gives evidence in the investigation by the board to be represented by counsel or a representative. Restriction (6) Notwithstanding subsection (3), a board of inquiry may not receive or accept in an investigation (a) subject to subsection (7), any evidence or other information that would be inadmissible in a court of law by reason of any privilege under the law of evidence; (b) any answer or statement made in response to a question described in subsection 35(8), 40(2), 45.1(5) or 45.65(2); (c) any answer or statement made in response to a question described in subsection (7) before any other board of inquiry appointed under this section; or (d) any answer or statement made in the course of attempting to informally dispose of or resolve a complaint made under Part VII or VII.2. Witness not excused from testifying (7) In an investigation by a board of inquiry, no witness shall be excused from answering any question relating to the matter before the board when required to do so by the board on the ground that the answer to the question may tend to criminate the witness or subject the witness to any proceeding or penalty. Current to June 20, 2022 Last amended on July 12, 2019 Royal Canadian Mounted Police PART I Constitution and Organization Boards of Inquiry Sections 24.1-25 Answer not receivable (8) If the witness is a member, no answer or statement made in response to a question described in subsection (7) shall be used or receivable against the witness under any proceeding under Part IV, other than a proceeding regarding an allegation that with intent to mislead the witness gave the answer or statement knowing it to be false. Investigation and hearing in private (9) Unless the Minister or the Commissioner directs otherwise, an investigation and any hearing by a board of inquiry appointed by the Minister or Commissioner, as the case may be, shall be conducted in private. Exception (10) Notwithstanding subsection (9), (a) while a child is testifying in an investigation or at a hearing by a board of inquiry, the child’s parent or guardian may be present; and (b) when authorized by a board of inquiry, a member may attend a hearing before the board as an observer for the purpose of familiarizing the member with procedures under this section. Return of documents, etc. (11) Any document or thing produced pursuant to this section to a board of inquiry shall, on the request of the person producing the document or thing, be released to that person within a reasonable time after completion of the board’s investigation and report. R.S., 1985, c. 8 (2nd Supp.), s. 15; 2013, c. 18, ss. 16, 77, 80. PART II Royal Canadian Mounted Police External Review Committee Establishment and Organization of Committee Committee established 25 (1) There is hereby established a committee, to be known as the Royal Canadian Mounted Police External Review Committee, consisting of a Chairperson, a Vicechairperson and not more than three other members, to be appointed by order of the Governor in Council. Current to June 20, 2022 Last amended on July 12, 2019 Royal Canadian Mounted Police PART II Royal Canadian Mounted Police External Review Committee Establishment and Organization of Committee Section 25 Full- or part-time (2) The Committee Chairperson is a full-time member of the Committee and the other members may be appointed as full-time or part-time members of the Committee. Tenure of office (3) Each member of the Committee shall be appointed to hold office during good behaviour for a term not exceeding five years but may be removed for cause at any time by order of the Governor in Council. Re-appointment (4) A member of the Committee is eligible for re-appointment on the expiration of the member’s term of office. Eligibility (5) No member of the Force is eligible to be appointed or to continue as a member of the Committee. Salary of full-time members (6) Each full-time member of the Committee is entitled to be paid such salary in connection with the work of the Committee as may be approved by order of the Governor in Council. Fees of part-time members (7) Each part-time member of the Committee is entitled to be paid such fees in connection with the work of the Committee as may be approved by order of the Governor in Council. Expenses (8) Each member of the Committee is entitled to be paid reasonable travel and living expenses incurred by the member while absent from the member’s ordinary place of residence in connection with the work of the Committee. Benefits of full-time members (9) The full-time members of the Committee are deemed to be employed in the public service for the purposes of the Public Service Superannuation Act and to be employed in the federal public administration for the purposes of the Government Employees Compensation Act and any regulations made under section 9 of the Aeronautics Act. R.S., 1985, c. R-10, s. 25; R.S., 1985, c. 8 (2nd Supp.), s. 16; 2003, c. 22, s. 216(E); 2013, c. 18, s. 41(E). Current to June 20, 2022 Last amended on July 12, 2019 Royal Canadian Mounted Police PART II Royal Canadian Mounted Police External Review Committee Establishment and Organization of Committee Sections 26-28 Committee Chairperson 26 (1) The Committee Chairperson is the chief executive officer of the Committee and has supervision over and direction of the work and staff of the Committee. Absence or incapacity (2) In the event of the absence or incapacity of the Committee Chairperson or if the office of Committee Chairperson is vacant, the Minister may authorize the Vicechairperson to exercise the powers and perform the duties and functions of the Committee Chairperson. Delegation (3) The Committee Chairperson may delegate to the Vice-chairperson any of the Committee Chairperson’s powers, duties or functions under this Act, except the power to delegate under this subsection and the duty under section 30. R.S., 1985, c. R-10, s. 26; R.S., 1985, c. 8 (2nd Supp.), s. 16; 2013, c. 18, s. 41(E). Head office 27 (1) The head office of the Committee shall be at such place in Canada as the Governor in Council may, by order, designate. Staff (2) Such officers and employees as are necessary for the proper conduct of the work of the Committee shall be appointed in accordance with the Public Service Employment Act. Idem (3) The Committee may, with the approval of the Treasury Board, (a) engage on a temporary basis the services of persons having technical or specialized knowledge of any matter relating to the work of the Committee to advise and assist the Committee in the exercise or performance of its powers, duties and functions under this Act; and (b) fix and pay the remuneration and expenses of persons engaged pursuant to paragraph (a). R.S., 1985, c. R-10, s. 27; R.S., 1985, c. 8 (2nd Supp.), s. 16. Duties Duties of Committee 28 (1) The Committee shall carry out such functions and duties as are assigned to it by this Act. Current to June 20, 2022 Last amended on July 12, 2019 Royal Canadian Mounted Police PART II Royal Canadian Mounted Police External Review Committee Duties Sections 28-30 Duties of Committee Chairperson (2) The Committee Chairperson shall carry out such functions and duties as are assigned to the Committee Chairperson by this Act. R.S., 1985, c. R-10, s. 28; R.S., 1985, c. 8 (2nd Supp.), s. 16; 2013, c. 18, s. 41(E). Service standards respecting time limits 28.1 The Committee shall establish, and make public, service standards respecting the time limits within which it is to deal with grievances and appeal cases that are referred to it and specifying the circumstances under which those time limits do not apply or the circumstances under which they may be extended. 2013, c. 18, s. 17. Rules Rules 29 Subject to the provisions of this Act and the regulations, the Committee may make rules respecting (a) the sittings of the Committee; (b) the manner of dealing with matters and business before the Committee generally, including the practice and procedure before the Committee; (c) the apportionment of the work of the Committee among its members and the assignment of members to review grievances or cases referred to the Committee; and (d) the performance of the duties and functions of the Committee under this Act generally. R.S., 1985, c. R-10, s. 29; R.S., 1985, c. 8 (2nd Supp.), s. 16; 2013, c. 18, s. 18. Annual Report Annual report 30 (1) The Committee Chairperson shall, within three months after the end of each fiscal year, submit to the Minister a report of the activities of the Committee during that year and its recommendations, if any, and the Minister shall cause a copy of the report to be laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the day the Minister receives it. Performance in relation to time limits (2) The report must contain information respecting the Committee’s performance in relation to the service standards established under section 28.1. R.S., 1985, c. R-10, s. 30; R.S., 1985, c. 8 (2nd Supp.), s. 16; 2013, c. 18, ss. 19, 41(E). Current to June 20, 2022 Last amended on July 12, 2019 Royal Canadian Mounted Police PART III Grievances Sections 30.1-31 PART III Grievances Interpretation Former members 30.1 Every reference in this Part to a member includes a former member for the purposes of any provision respecting a grievance in relation to a discharge from the Force. 2013, c. 18, s. 20. Conflict Management Informal conflict management system 30.2 Subject to any policies established or directives issued by the Treasury Board, the Commissioner shall establish an informal conflict management system and inform the members of its availability. 2013, c. 18, s. 20. Presentation of Grievances Member’s right 31 (1) Subject to subsections (1.01) to (3), if a member is aggrieved by a decision, act or omission in the administration of the affairs of the Force in respect of which no other process for redress is provided by this Act, the regulations or the Commissioner’s standing orders, the member is entitled to present the grievance in writing at each of the levels, up to and including the final level, in the grievance process provided for by this Part. Limitation (1.01) A grievance that relates to the interpretation or application, in respect of a member, of a provision of a collective agreement or arbitral award must be presented under the Federal Public Sector Labour Relations Act. Limitation (1.1) A member is not entitled to present a grievance in respect of which an administrative procedure for redress is provided under any other Act of Parliament, other than one provided for in the Canadian Human Rights Act. Current to June 20, 2022 Last amended on July 12, 2019 Royal Canadian Mounted Police PART III Grievances Presentation of Grievances Section 31 Limitation (1.2) Despite subsection (1.1), a member is not entitled to present a grievance in respect of the right to equal pay for work of equal value. Limitation (1.3) A member is not entitled to present a grievance relating to any action taken under any instruction, direction or regulation given or made by or on behalf of the Government of Canada in the interest of the safety or security of Canada or any state allied or associated with Canada. Order to be conclusive proof (1.4) For the purposes of subsection (1.3), an order made by the Governor in Council is conclusive proof of the matters stated in the order in relation to the giving or making of an instruction, direction or regulation by or on behalf of the Government of Canada in the interest of the safety or security of Canada or any state allied or associated with Canada. Limitation period (2) A grievance under this Part must be presented (a) at the initial level in the grievance process, within thirty days after the day on which the aggrieved member knew or reasonably ought to have known of the decision, act or omission giving rise to the grievance; and (b) at the second and any succeeding level in the grievance process, within fourteen days after the day the aggrieved member is served with the decision of the immediately preceding level in respect of the grievance. Restriction (3) No appointment by the Commissioner to a position prescribed pursuant to subsection (7) may be the subject of a grievance under this Part. Access to information (4) Subject to subsection (4.1) and any limitations specified under paragraph 36(b), a member presenting a grievance shall be granted access to any written or documentary information under the Force’s control and relevant to the grievance that the member reasonably requires to properly present it. Access to standardized test (4.1) A member is not entitled to have access to a standardized test used by the Force, or to information concerning such a test, if in the opinion of the Current to June 20, 2022 Last amended on July 12, 2019 Royal Canadian Mounted Police PART III Grievances Presentation of Grievances Sections 31-32 Commissioner, its disclosure would affect its validity or continued use or would affect the results of such a test by giving an unfair advantage to any person. Definition of standardized test (4.2) In this section, standardized test has the meaning assigned by rules established by the Commissioner. No penalty for presenting grievance (5) No member shall be disciplined or otherwise penalized in relation to employment or any term of employment in the Force for exercising the right under this Part to present a grievance. Decision (6) As soon as feasible after the presentation and consideration of a grievance at any level in the grievance process, the person constituting the level shall render a decision in writing as to the disposition of the grievance, including reasons for the decision, and serve the member presenting the grievance and, if the grievance has been referred to the Committee under section 33, the Committee Chairperson with a copy of the decision. Excluded appointments (7) The Governor in Council may make regulations prescribing for the purposes of subsection (3) any position in the Force that reports to the Commissioner either directly or through one other person. R.S., 1985, c. R-10, s. 31; R.S., 1985, c. 8 (2nd Supp.), s. 16; 1994, c. 26, s. 63(F); 2013, c. 18, s. 21; 2017, c. 9, s. 40. Final level in grievance process 32 (1) The Commissioner constitutes the final level in the grievance process and the Commissioner’s decision in respect of any grievance is final and binding. Commissioner not bound (2) The Commissioner is not bound to act on any findings or recommendations set out in a report with respect to a grievance referred to the Committee under section 33, but if the Commissioner does not so act, the Commissioner shall include in the decision on the disposition of the grievance the reasons for not so acting. Rescission or amendment of decision (3) Notwithstanding subsection (1), the Commissioner may rescind or amend the Commissioner’s decision in respect of a grievance under this Part on the presentation to the Commissioner of new facts or where, with respect to the finding of any fact or the interpretation of any law, the Commissioner determines that an error was made in reaching the decision. Current to June 20, 2022 Last amended on July 12, 2019 Royal Canadian Mounted Police PART III Grievances Presentation of Grievances Sections 32-33 Delegation (4) The Commissioner may delegate to any person under the Commissioner’s jurisdiction any of the Commissioner’s powers, duties or functions under this section or section 33. Sub-delegation (5) A person to whom any powers, duties or functions are delegated under subsection (4) may not sub-delegate any of them. R.S., 1985, c. R-10, s. 32; R.S., 1985, c. 8 (2nd Supp.), s. 16; 1990, c. 8, s. 65; 2002, c. 8, s. 182; 2013, c. 18, s. 22. Reference to Committee Reference to Committee 33 (1) Before the Commissioner considers a grievance of a type prescribed pursuant to subsection (4), the Commissioner shall refer the grievance to the Committee. Idem (2) Notwithstanding subsection (1), a member presenting a grievance to the Commissioner may request the Commissioner not to refer the grievance to the Committee and, on such a request, the Commissioner may either not refer the grievance to the Committee or, if the Commissioner considers that a reference to the Committee is appropriate notwithstanding the request, refer the grievance to the Committee. Material to be furnished to Committee (3) Where the Commissioner refers a grievance to the Committee pursuant to this section, the Commissioner shall furnish the Committee Chairperson with a copy of (a) the written submissions made at each level in the grievance process by the member presenting the grievance; (b) the decisions rendered at each level in the grievance process in respect of the grievance; and (c) the written or documentary information under the control of the Force and relevant to the grievance. Grievances referable to Committee (4) The Governor in Council may make regulations prescribing for the purposes of subsection (1) the types of grievances that are to be referred to the Committee. R.S., 1985, c. R-10, s. 33; R.S., 1985, c. 8 (2nd Supp.), s. 16; 2013, c. 18, s. 41(E). Current to June 20, 2022 Last amended on July 12, 2019 Royal Canadian Mounted Police PART III Grievances Reference to Committee Sections 34-35 Review by Committee Chairperson 34 (1) The Committee Chairperson shall review every grievance referred to the Committee pursuant to section 33. Action by Committee Chairperson (2) Where, after reviewing a grievance, the Committee Chairperson is satisfied with the disposition of the grievance by the Force, the Committee Chairperson shall prepare and send a report in writing to that effect to the Commissioner and the member presenting the grievance. Idem (3) Where, after reviewing a grievance, the Committee Chairperson is not satisfied with the disposition of the grievance by the Force or considers that further inquiry is warranted, the Committee Chairperson may (a) prepare and send to the Commissioner and the member presenting the grievance a report in writing setting out such findings and recommendations with respect to the grievance as the Committee Chairperson sees fit; or (b) institute a hearing to inquire into the grievance. Hearing (4) Where the Committee Chairperson decides to institute a hearing to inquire into a grievance, the Committee Chairperson shall assign the member or members of the Committee to conduct the hearing and shall send a notice in writing of the decision to the Commissioner and the member presenting the grievance. R.S., 1985, c. R-10, s. 34; R.S., 1985, c. 8 (2nd Supp.), s. 16; 2013, c. 18, s. 41(E). Committee 35 (1) For the purposes of this section, the member or members conducting a hearing to inquire into a grievance are deemed to be the Committee. Notice (2) The Committee shall serve a notice in writing of the time and place appointed for a hearing on the parties. Sittings of Committee (3) Where a party wishes to appear before the Committee, the Committee shall sit at such place in Canada and at such time as may be fixed by the Committee, having regard to the convenience of the parties. Current to June 20, 2022 Last amended on July 12, 2019 Royal Canadian Mounted Police PART III Grievances Reference to Committee Section 35 Powers of Committee (4) The Committee has, in relation to the grievance before it, the powers conferred on a board of inquiry, in relation to the matter before it, by paragraphs 24.1(3)(a), (b) and (c). Rights of persons interested (5) The parties and any other person who satisfies the Committee that the person has a substantial and direct interest in a grievance before the Committee shall be afforded a full and ample opportunity, in person or by counsel or a representative, to present evidence, to crossexamine witnesses and to make representations at the hearing. Representation of witnesses (6) The Committee shall permit any person who gives evidence at a hearing to be represented by counsel or a representative. Restriction (7) Notwithstanding subsection (4) but subject to subsection (8), the Committee may not receive or accept any evidence or other information that would be inadmissible in a court of law by reason of any privilege under the law of evidence. Witness not excused from testifying (8) In a hearing, no witness shall be excused from answering any question relating to the grievance before the Committee when required to do so by the Committee on the ground that the answer to the question may tend to criminate the witness or subject the witness to any proceeding or penalty. Answer not receivable (9) If the witness is a member, no answer or statement made in response to a question described in subsection (8) shall be used or receivable against the witness under any proceeding under Part IV, other than a proceeding regarding an allegation that with intent to mislead the witness gave the answer or statement knowing it to be false. Hearing in private (10) A hearing shall be held in private, except that (a) while a child is testifying at the hearing, the child’s parent or guardian may attend the hearing; and (b) when authorized by the Committee, a member may attend the hearing as an observer for the purpose of familiarizing the member with procedures under this section. Current to June 20, 2022 Last amended on July 12, 2019 Royal Canadian Mounted Police PART III Grievances Reference to Committee Section 35 Return of documents, etc. (11) Any document or thing produced pursuant to this section to the Committee shall, on the request of the person producing the document or thing, be released to the person within a reasonable time after completion of the Committee’s report. Expenses (12) Where the Committee sits at a place in Canada that is not the ordinary place of residence of a member whose grievance is before the Committee or of the member’s counsel or representative, that member, counsel or representative is entitled, in the discretion of the Committee, to receive such travel and living expenses incurred by the member, counsel or representative in appearing before the Committee as may be fixed by the Treasury Board. Report (13) On completion of a hearing, the Committee shall prepare and send to the parties and the Commissioner a report in writing setting out such findings and recommendations with respect to the grievance as the Committee sees fit. Definition of parties (14) In this section, parties means (a) in respect of each type of grievance that is referred to the Committee under section 33, the person designated by the Commissioner for the purposes of this section and the member whose grievance has been referred to the Committee under section 33; (b) in respect of a case of an appeal made under subsection 45.11(1) that is referred to the Committee under subsection 45.15(1), the member who is the subject of the decision of the conduct board and the conduct authority that initiated the hearing by that conduct board; and (c) in respect of a case of an appeal made under subsection 45.11(3) that is referred to the Committee under subsection 45.15(1), the member making the appeal and the conduct authority who made the finding under appeal or who imposed the conduct measure under appeal. R.S., 1985, c. R-10, s. 35; R.S., 1985, c. 8 (2nd Supp.), s. 16; 2013, c. 18, s. 23. Current to June 20, 2022 Last amended on July 12, 2019 Royal Canadian Mounted Police PART III Grievances Rules Sections 36-36.2 Rules Rules 36 Subject to the provisions of this Act and the regulations, the Commissioner may make rules governing the presentation and consideration of grievances under this Part, including rules (a) prescribing persons under the Commissioner’s jurisdiction or classes of such persons to constitute the levels in the grievance process; and (b) specifying, for the purpose of subsection 31(4), limitations, in the interests of security or the protection of privacy of persons, on the right of a member presenting a grievance to be granted access to information relating to the grievance. R.S., 1985, c. R-10, s. 36; R.S., 1985, c. 8 (2nd Supp.), s. 16; 1994, c. 26, s. 64(F); 2013, c. 18, s. 24. Recommendation for Deputy Commissioner’s Discharge Recommendation for Deputy Commissioner’s discharge 36.1 If the Commissioner recommends under paragraph 20.2(1)(d), (f), (h) or (j) that a Deputy Commissioner is to be discharged from the Force, the recommendation is not to be forwarded to the Governor in Council until the expiry of the time within which a grievance may be presented under this Part. If a grievance is presented, the recommendation is to be forwarded only if the grievance is denied at the final level. 2013, c. 18, s. 25. PART IV Conduct Purposes of Part Purposes 36.2 The purposes of this Part are (a) to establish the responsibilities of members; (b) to provide for the establishment of a Code of Conduct that emphasizes the importance of maintaining the public trust and reinforces the high standard of conduct expected of members; Current to June 20, 2022 Last amended on July 12, 2019 Royal Canadian Mounted Police PART IV Conduct Purposes of Part Sections 36.2-37 (c) to ensure that members are responsible and accountable for the promotion and maintenance of good conduct in the Force; (d) to establish a framework for dealing with contraventions of provisions of the Code of Conduct, in a fair and consistent manner, at the most appropriate level of the Force; and (e) to provide, in relation to the contravention of any provision of the Code of Conduct, for the imposition of conduct measures that are proportionate to the nature and circumstances of the contravention and, where appropriate, that are educative and remedial rather than punitive. 2013, c. 18, s. 26. Responsibilities Responsibilities 37 It is the responsibility of every member (a) to respect the rights of all persons; (b) to maintain the integrity of the law, law enforcement and the administration of justice; (c) to perform the member’s duties promptly, impartially and diligently, in accordance with the law and without abusing the member’s authority; (d) to avoid any actual, apparent or potential conflict of interests; (e) to ensure that any improper or unlawful conduct of any member is not concealed or permitted to continue; (f) to be incorruptible, never accepting or seeking special privilege in the performance of the member’s duties or otherwise placing the member under any obligation that may prejudice the proper performance of the member’s duties; (g) to act at all times in a courteous, respectful and honourable manner; and (h) to maintain the honour of the Force and its principles and purposes. R.S., 1985, c. R-10, s. 37; R.S., 1985, c. 8 (2nd Supp.), s. 16; 2013, c. 18, s. 27. Current to June 20, 2022 Last amended on July 12, 2019 Royal Canadian Mounted Police PART IV Conduct Code of Conduct Sections 38-39.2 Code of Conduct Code of Conduct 38 The Governor in Council may make regulations, to be known as the Code of Conduct, governing the conduct of members. R.S., 1985, c. R-10, s. 38; R.S., 1985, c. 8 (2nd Supp.), s. 16. Contravention of Code of Conduct 39 (1) Every member who is alleged to have contravened a provision of the Code of Conduct may be dealt with under this Act either in or outside Canada, (a) whether or not the alleged contravention took place in or outside Canada; and (b) whether or not the member has been charged with an offence constituted by, included in or otherwise related to the alleged contravention or has been tried, acquitted, discharged, convicted or sentenced by a court in respect of such an offence. No interference with jurisdiction of courts (2) Nothing in this Act affects the jurisdiction of any court to try a member for any offence triable by that court. R.S., 1985, c. R-10, s. 39; R.S., 1985, c. 8 (2nd Supp.), s. 16; 2013, c. 18, s. 28. Investigation Rules — conduct measures 39.1 The Commissioner shall make rules (a) establishing the conduct measures, other than dismissal or recommendation for dismissal, that may be taken in respect of contraventions of provisions of the Code of Conduct and specifying which of those conduct measures may be imposed by any class of conduct authorities; and (b) governing appeals under this Part, including rules (i) prescribing the time within which an appeal may be made and providing for extensions of that time, and (ii) respecting the practice and procedure for the appeals. 2013, c. 18, s. 29. Rules — investigations 39.2 The Commissioner may make rules Current to June 20, 2022 Last amended on July 12, 2019 Royal Canadian Mounted Police PART IV Conduct Investigation Sections 39.2-40.1 (a) respecting the investigation of contraventions of provisions of the Code of Conduct; and (b) respecting the exercise of the conduct authorities’ powers under subsection 42(1). 2013, c. 18, s. 29. Investigation 40 (1) If it appears to a conduct authority in respect of a member that the member has contravened a provision of the Code of Conduct, the conduct authority shall make or cause to be made any investigation that the conduct authority considers necessary to enable the conduct authority to determine whether the member has contravened or is contravening the provision. Member not excused from answering (2) In any investigation under subsection (1), no member shall be excused from answering any question relating to the matter being investigated when required to do so by the person conducting the investigation on the grounds that the answer to the question may tend to criminate the member or subject the member to any criminal, civil or administrative action or proceeding. Answer not receivable (3) No answer or statement made in response to a question described in subsection (2) shall be used or receivable in any criminal, civil or administrative action or proceeding, other than a proceeding under this Part regarding an allegation that with intent to mislead the member gave the answer or statement knowing it to be false. R.S., 1985, c. R-10, s. 40; R.S., 1985, c. 8 (2nd Supp.), s. 16; 2013, c. 18, s. 29. Definitions 40.1 The following definitions apply in sections 40.2 to 40.8. document means any medium on which is recorded or marked anything that is capable of being read or understood by an individual or a computer system or other device. (document) justice has the meaning assigned by section 2 of the Criminal Code. (juge de paix) night has the meaning assigned by section 2 of the Criminal Code. (nuit) person has the meaning assigned by section 2 of the Criminal Code. (personne) 2013, c. 18, s. 29. Current to June 20, 2022 Last amended on July 12, 2019 Royal Canadian Mounted Police PART IV Conduct Investigation Section 40.2 Authority to issue warrant 40.2 (1) On ex parte application that has been approved by an officer designated by the Commissioner for the purposes of this section, a justice may issue a warrant if the justice is satisfied by information on oath that there are reasonable grounds to believe that there is in any receptacle or place not under the control of the Force anything that will afford evidence with respect to the contravention of a provision of the Code of Conduct. Dwelling-house (2) The application must indicate whether or not the place is a dwelling-house. Powers under warrant (3) The warrant may authorize a peace officer, and any other individual named in the warrant, to enter and search the place and to seize anything specified in the warrant, subject to any conditions specified in the warrant. Telewarrant provisions to apply (4) A warrant may be issued under this section by telephone or other means of telecommunication on application submitted by a peace officer by one of those means and section 487.1 of the Criminal Code applies for that purpose with any modifications that the circumstances require. Execution of search warrant (5) A warrant issued under this section shall be executed by day, unless (a) the justice is satisfied that there are reasonable grounds for it to be executed by night; (b) the reasonable grounds are included in the information; and (c) the warrant authorizes that it be executed by night. Operation of computer system and copying equipment (6) A person authorized under this section to search a computer system in a place for data may (a) use or cause to be used any computer system at the place to search any data contained in or available to the computer system; (b) reproduce or cause to be reproduced any data in the form of a print-out or other intelligible output; Current to June 20, 2022 Last amended on July 12, 2019 Royal Canadian Mounted Police PART IV Conduct Investigation Sections 40.2-40.3 (c) seize the print-out or other output for examination or copying; and (d) use or cause to be used any copying equipment at the place to make copies of the data. Receipt and report (7) A person who seizes a thing under this section shall give a receipt to the person from whom the thing was seized and shall as soon as feasible, make a report of the seizure to a justice. Return or detention (8) If a report of the seizure is made to the justice, the justice shall, (a) if the lawful owner or person who is lawfully entitled to possession of the thing seized is known, order it to be returned to that owner or person, unless the person having custody of the thing seized satisfies the justice that the detention of the thing seized is required for the purposes of any proceeding under this Part; or (b) if the person having custody of the thing seized satisfies the justice that the thing seized should be detained, order that it be detained in the Force’s care until the conclusion of the proceedings. Application for order of return (9) On application by the person from whom a thing was seized and on three clear days notice to the Commissioner, a justice may make an order for the release of the thing to the person if the justice is satisfied that the thing is no longer necessary for the purposes of the investigation or any proceeding under this Part arising from the investigation. Storage and removal (10) A thing seized under this section may be stored in the place where it was seized or it may, at the discretion of a peace officer, be removed to any other place for storage. 2013, c. 18, s. 29. Production order 40.3 (1) On ex parte application, a justice may order a person to produce to a peace officer named in the order a document that is a copy of a document that is in their possession or control when they receive the order, or to prepare and produce a document that contains data that is in their possession or control at that time. Current to June 20, 2022 Last amended on July 12, 2019 Royal Canadian Mounted Police PART IV Conduct Investigation Sections 40.3-40.6 Conditions for making order (2) Before making the order, the justice must be satisfied by information on oath that there are reasonable grounds to believe that the document will afford evidence with respect to the contravention of a provision of the Code of Conduct. Limitation (3) An order shall not be made under subsection (1) requiring a member who is under investigation for an alleged contravention of a provision of the Code of Conduct to produce a document or to prepare and produce a document that relates to that alleged contravention. 2013, c. 18, s. 29. Conditions 40.4 (1) An order made under subsection 40.3(1) may contain any conditions that the justice considers appropriate including conditions to protect a privileged communication between a person who is qualified to give legal advice and their client. Effect of order (2) The order has effect throughout Canada. Power to revoke or vary order (3) On ex parte application made by a peace officer, the justice who made the order may, on the basis of an information on oath, revoke or vary the order. The peace officer shall give notice of the revocation or variation to the person who is subject to the order as soon as feasible. 2013, c. 18, s. 29. Particulars — production orders 40.5 An order made under subsection 40.3(1) shall require a person to produce the document to a peace officer named in the order within the time, at the place and in the form specified in the order. 2013, c. 18, s. 29. Probative force of copies 40.6 Every copy of a document produced under subsection 40.3(1) is admissible in evidence in proceedings under this Part on proof by affidavit that it is a true copy and has the same probative force as the document would have if it were proved in the ordinary way. 2013, c. 18, s. 29. Current to June 20, 2022 Last amended on July 12, 2019 Royal Canadian Mounted Police PART IV Conduct Investigation Sections 40.7-41 Application for exemption 40.7 (1) A person named in an order made under subsection 40.3(1) may, before the order expires, apply in writing to the justice who issued the order, or to any other justice, for an exemption from the requirement to produce or to prepare and produce any document. Notice (2) A person may only make the application if they give notice of their intention to do so to the peace officer named in the order to whom the document is to be produced within 15 days after the day on which the order is made. Order suspended (3) The execution of the order is suspended until a final decision is made in respect of the application. Exemption (4) The justice may grant the exemption if the justice is satisfied that (a) the document, data or information would disclose information that is privileged or otherwise protected from disclosure by law; (b) it is unreasonable to require the applicant to produce the document, data or information; or (c) the document, data or information is not in the possession or control of the applicant. 2013, c. 18, s. 29. Self-incrimination 40.8 No one is excused from complying with an order made under subsection 40.3(1) on the grounds that the document that they are required to produce may tend to criminate them or subject them to any criminal, civil or administrative action or proceeding. However, a document that an individual is required to prepare shall not be used or received in evidence against them in a criminal proceeding that is subsequently instituted against them, other than a prosecution for an offence under section 132, 136 or 137 of the Criminal Code. 2013, c. 18, s. 29. Notice to designated officer 41 (1) If it appears to a conduct authority in respect of a member that the member has contravened a provision of the Code of Conduct and the conduct authority is of the opinion that the conduct measures provided for in the rules are insufficient, having regard to the gravity of the Current to June 20, 2022 Last amended on July 12, 2019 Royal Canadian Mounted Police PART IV Conduct Investigation Sections 41-43 contravention and to the surrounding circumstances, the conduct authority shall initiate a hearing into the alleged contravention by notifying the officer designated by the Commissioner for the purpose of this section of the alleged contravention. Limitation or prescription period (2) A hearing shall not be initiated by a conduct authority in respect of an alleged contravention of a provision of the Code of Conduct by a member after the expiry of one year from the time the contravention and the identity of that member as the one who is alleged to have committed the contravention became known to the conduct authority that investigated the contravention or caused it to be investigated. R.S., 1985, c. R-10, s. 41; R.S., 1985, c. 8 (2nd Supp.), s. 16; 2013, c. 18, s. 29. Conduct authority’s powers 42 (1) If a conduct authority in respect of a member is satisfied, on a balance of probabilities, that the member has contravened a provision of the Code of Conduct and the conduct authority is of the opinion that the conduct measures provided for in the rules are sufficient, having regard to the gravity of the contravention and to the surrounding circumstances, the conduct authority may impose any one or more of those conduct measures against the member. Limitation or prescription period (2) Conduct measures shall not be imposed under subsection (1) in respect of the contravention after the expiry of one year from the time the contravention and the identity of that member became known to the conduct authority that investigated the contravention or caused it to be investigated. R.S., 1985, c. R-10, s. 42; R.S., 1985, c. 8 (2nd Supp.), s. 16; 1990, c. 8, s. 66; 2002, c. 8, s. 182; 2013, c. 18, s. 29. Conduct Boards Appointment 43 (1) On being notified under subsection 41(1) of an alleged contravention of a provision of the Code of Conduct by a member, the officer designated for the purpose of that subsection shall, subject to the regulations, appoint one or more persons as members of a conduct board to decide whether the member contravened the provision. Notice (2) As soon as feasible after making the appointment or appointments, the conduct authority who initiated the hearing shall serve the member with a notice in writing informing the member that a conduct board is to Current to June 20, 2022 Last amended on July 12, 2019 Royal Canadian Mounted Police PART IV Conduct Conduct Boards Sections 43-44 determine whether the member contravened a provision of the Code of Conduct. Contents of notice (3) The notice may allege more than one contravention of any provision of the Code of Conduct and is to contain (a) a separate statement of each alleged contravention; (b) a statement of the particulars of the act or omission constituting each alleged contravention; (c) the names of the members of the conduct board; and (d) a statement of the member’s right to object to the appointment of any person as a member of the conduct board as provided in section 44. Statement of particulars (4) The statement of particulars contained in the notice is to contain sufficient details, including, if practicable, the place and date of each contravention alleged in the notice, to enable the member who is served with the notice to identify each contravention in order that the member may prepare a response and direct it to the occasion and events indicated in the notice. R.S., 1985, c. R-10, s. 43; R.S., 1985, c. 8 (2nd Supp.), s. 16; 2013, c. 18, s. 29. Objection to appointment 44 (1) Within seven days after the day on which a member is served with a notice under subsection 43(2), the member may object in writing to the designated officer referred to in subsection 43(1) to the appointment of any person as a member of the conduct board, and the designated officer shall, on receiving the objection, decide whether to reject the objection or to allow the objection and appoint another person as a member of the board. Reasons for objection (2) The objection must contain reasons for the objection. Notice (3) After the designated officer makes a decision under subsection (1) with respect to an objection, the designated officer shall serve the member making the objection with a notice in writing setting out the decision and the reasons for it, and, if the objection is allowed, the designated officer shall (a) appoint another person as a new member of the conduct board; and Current to June 20, 2022 Last amended on July 12, 2019 Royal Canadian Mounted Police PART IV Conduct Conduct Boards Sections 44-45 (b) set out in the notice (i) the name of the other person, and (ii) a statement of the member’s right to object to the appointment of the other person as provided in this section. Objection to new person (4) The provisions of this section apply, with any modifications that the circumstances require, with respect to the appointment of a person under subsection (3) as though the notice setting out the name of the person were a notice referred to in subsection (1). R.S., 1985, c. R-10, s. 44; R.S., 1985, c. 8 (2nd Supp.), s. 16; 2013, c. 18, s. 29. Role of conduct board 45 (1) The role of the conduct board is to decide whether or not each allegation of a contravention of a provision of the Code of Conduct contained in the notice served under subsection 43(2) is established on a balance of probabilities. Powers (2) A conduct board has, in relation to the case before it, the powers conferred on a board of inquiry, in relation to the matter before it, by paragraphs 24.1(3)(a) to (c). Decision in writing (3) The conduct board’s decision must be recorded in writing and include a statement of the conduct board’s findings on questions of fact material to the decision, reasons for the decision and a statement of the conduct measure, if any, imposed under subsection (4). Conduct measures (4) If a conduct board decides that an allegation of a contravention of a provision of the Code of Conduct by a member is established, the conduct board shall impose any one or more of the following conduct measures on the member, namely, (a) recommendation for dismissal from the Force, if the member is a Deputy Commissioner, or dismissal from the Force, if the member is not a Deputy Commissioner, (b) direction to resign from the Force and, in default of resigning within 14 days after being directed to do so, recommendation for dismissal from the Force, if the member is a Deputy Commissioner, or dismissal from the Force, if the member is not a Deputy Commissioner, or Current to June 20, 2022 Last amended on July 12, 2019 Royal Canadian Mounted Police PART IV Conduct Conduct Boards Sections 45-45.1 (c) one or more of the conduct measures provided for in the rules. R.S., 1985, c. R-10, s. 45; R.S., 1985, c. 8 (2nd Supp.), s. 16; 2013, c. 18, s. 29. Hearing Parties 45.1 (1) The parties to a hearing initiated under subsection 41(1) are the conduct authority who initiated it and the member whose conduct is the subject of the hearing. Hearing in public (2) The hearing shall be held in public but the conduct board, on its own initiative or at the request of any party, may order that the hearing or any part of it is to be held in camera if it is of the opinion (a) that information, the disclosure of which could reasonably be expected to be injurious to the defence of Canada or any state allied or associated with Canada or to the detection, prevention or suppression of subversive or hostile activities, will likely be disclosed during the course of the hearing; (b) that information, the disclosure of which could reasonably be expected to be injurious to law enforcement, will likely be disclosed during the course of the hearing; (c) that information respecting a person’s financial or personal affairs, if that person’s interest or security outweighs the public’s interest in the information, will likely be disclosed during the course of the hearing; or (d) that it is otherwise required by the circumstances of the case. Representation of witnesses (3) The conduct board shall permit any person who gives evidence at the hearing to be represented by legal counsel or a representative. Restriction (4) Despite subsection 45(2), but subject to subsection (5), the conduct board is not authorized to receive or accept any evidence or other information that would be inadmissible in a court of law by reason of any privilege under the law of evidence. Witness not excused from testifying (5) In the hearing, no witness shall be excused from answering any question relating to the case before the conduct board when required to do so by the conduct board Current to June 20, 2022 Last amended on July 12, 2019 Royal Canadian Mounted Police PART IV Conduct Hearing Sections 45.1-45.11 on the grounds that the answer to the question may tend to criminate the witness or subject the witness to any criminal, civil or administrative action or proceeding. Answer not receivable (6) If the witness is a member, no answer or statement made in response to a question described in subsection (5) shall be used or receivable against the witness under any proceeding under Part IV regarding an allegation of a contravention of a provision of the Code of Conduct by the witness, other than a proceeding regarding an allegation that with intent to mislead the witness gave the answer or statement knowing it to be false. Order restricting publication (7) The conduct board may, on its own initiative or at the request of any person, make an order directing that any of the following information shall not be published in any document or broadcast or transmitted in any way: (a) information that could identify a complainant, a witness or a person under the age of 18; and (b) information disclosed during any part of the hearing held in camera. Absence of member (8) The conduct board may conduct the hearing in the absence of the member whose conduct is the subject of the hearing in the circumstances set out in the rules. Medical examination (9) If the member whose conduct is the subject of the hearing indicates that they are unable to attend the hearing for medical reasons, the conduct board may direct the member to undergo a medical examination or an assessment by a qualified person specified by the conduct board to determine if the member is unable to participate in the hearing for medical reasons. If the member fails to undergo the medical examination or assessment, the conduct board may conduct the hearing in the absence of the member. R.S., 1985, c. 8 (2nd Supp.), s. 16; 2013, c. 18, s. 29. Appeal Appeal to Commissioner — conduct board’s decision 45.11 (1) A member who is the subject of a conduct board’s decision or the conduct authority who initiated the hearing by the conduct board that made the decision Current to June 20, 2022 Last amended on July 12, 2019 Royal Canadian Mounted Police PART IV Conduct Appeal Sections 45.11-45.15 may, within the time provided for in the rules, appeal the decision to the Commissioner in respect of (a) any finding that an allegation of a contravention of a provision of the Code of Conduct by the member is established or not established; or (b) any conduct measure imposed in consequence of a finding referred to in paragraph (a). Former member (2) Every reference in subsection (1) to a member includes a former member for the purposes of any appeal with respect to a dismissal from the Force. Appeal to Commissioner — conduct authority’s decision (3) A member who is the subject of a conduct authority’s decision may, within the time provided for in the rules, appeal the decision to the Commissioner in respect of (a) any finding that an allegation of a contravention of a provision of the Code of Conduct by the member is established; or (b) any conduct measure imposed in consequence of a finding that an allegation referred to in paragraph (a) is established. Grounds of appeal (4) An appeal lies to the Commissioner on any ground of appeal. R.S., 1985, c. 8 (2nd Supp.), s. 16; 2013, c. 18, s. 29. 45.12 [Repealed, 2013, c. 18, s. 29] 45.13 [Repealed, 2013, c. 18, s. 29] 45.14 [Repealed, 2013, c. 18, s. 29] Referral to Committee 45.15 (1) If an appeal relates to any of the following conduct measures, or to any finding that resulted in its imposition, the Commissioner, before considering the appeal, shall refer the case to the Committee: (a) a financial penalty of more than one day of the member’s pay; (b) a demotion; (c) a direction to resign; (d) a recommendation for dismissal; or (e) a dismissal. Current to June 20, 2022 Last amended on July 12, 2019 Royal Canadian Mounted Police PART IV Conduct Appeal Sections 45.15-45.16 (2) [Repealed, 2013, c. 18, s. 30] Request by member (3) Notwithstanding subsection (1), the member whose case is appealed to the Commissioner may request the Commissioner not to refer the case to the Committee and, on such a request, the Commissioner may either not refer the case to the Committee or, if the Commissioner considers that a reference to the Committee is appropriate notwithstanding the request, refer the case to the Committee. (4) [Repealed, 2013, c. 18, s. 30] Applicable provisions (5) Sections 34 and 35 apply, with such modifications as the circumstances require, with respect to a case referred to the Committee pursuant to this section as though the case were a grievance referred to the Committee pursuant to section 33. R.S., 1985, c. 8 (2nd Supp.), s. 16; 2013, c. 18, s. 30. Disposal of appeal against conduct board’s finding 45.16 (1) The Commissioner may dispose of an appeal in respect of a conduct board’s finding by (a) dismissing the appeal and confirming the finding being appealed; or (b) allowing the appeal and either ordering a new hearing into the allegation giving rise to the finding or making the finding that, in the Commissioner’s opinion, the conduct board should have made. Disposal of appeal against conduct authority’s finding (2) The Commissioner may dispose of an appeal in respect of a conduct authority’s finding by (a) dismissing the appeal and confirming the finding being appealed; or (b) allowing the appeal and making the finding that, in the Commissioner’s opinion, the conduct authority should have made. Disposal of appeal against conduct measure (3) The Commissioner may dispose of an appeal in respect of a conduct measure imposed by a conduct board or a conduct authority by Current to June 20, 2022 Last amended on July 12, 2019 Royal Canadian Mounted Police PART IV Conduct Appeal Section 45.16 (a) dismissing the appeal and confirming the conduct measure; or (b) allowing the appeal and either rescinding the conduct measure or, subject to subsection (4) or (5), imposing another conduct measure. Restriction (4) If the appeal is in respect of a conduct measure imposed by a conduct authority, the Commissioner may only impose under paragraph (3)(b) a conduct measure that is provided for in the rules. Clarification (5) If the appeal is in respect of a conduct measure imposed by a conduct board, the Commissioner may impose any conduct measure under paragraph (3)(b) that the conduct board could have imposed, including the power to recommend dismissal from the Force, if the member is a Deputy Commissioner, or dismissal from the Force, if the member is not a Deputy Commissioner. New hearing (6) If the Commissioner orders a new hearing into an allegation under subsection (1), a conduct board shall be appointed in accordance with this Part to conduct the hearing and the new hearing shall be held in accordance with this Part as if it were the first hearing into that allegation. Decision (7) The Commissioner shall as soon as feasible render a decision in writing on an appeal, including reasons for the decision. Committee’s or Committee Chairperson’s report (8) If a case has been referred to the Committee under section 45.15, the Commissioner shall take into consideration the findings or recommendations set out in the report of the Committee or the Committee Chairperson in respect of the case, but the Commissioner is not bound to act on any findings or recommendations set out in the report. However, if the Commissioner does not so act, the Commissioner shall include in the decision on the appeal the reasons for not so acting. Commissioner’s decision final (9) A Commissioner’s decision on an appeal is final and binding. Rescission or amendment of decision (10) Despite subsection (9), the Commissioner may rescind or amend the Commissioner’s decision on an Current to June 20, 2022 Last amended on July 12, 2019 Royal Canadian Mounted Police PART IV Conduct Appeal Sections 45.16-45.172 appeal under section 45.11 on the presentation to the Commissioner of new facts or if, with respect to the finding of any fact or the interpretation of any law, the Commissioner determines that an error was made in reaching the decision. Delegation (11) The Commissioner may delegate any of the Commissioner’s powers, duties or functions under this section to any person under the Commissioner’s jurisdiction. Sub-delegation (12) A person to whom powers, duties or functions are delegated under subsection (11) may not sub-delegate any of them. R.S., 1985, c. 8 (2nd Supp.), s. 16; 1990, c. 8, s. 67; 2002, c. 8, s. 182; 2013, c. 18, s. 31. Recommendation for Deputy Commissioner’s dismissal 45.17 If a conduct board recommends under paragraph 45(4)(a) that a Deputy Commissioner is to be dismissed from the Force, the recommendation is not to be forwarded to the Governor in Council until the expiry of the time within which an appeal may be made under subsection 45.11(1). If an appeal is made, the recommendation is to be forwarded only if the appeal is dismissed. R.S., 1985, c. 8 (2nd Supp.), s. 16; 2013, c. 18, s. 31. Notice Notice to complainant and Commission 45.171 If an individual makes a complaint under subsection 45.53(1) in respect of any conduct by a member that is also an alleged contravention of a provision of the Code of Conduct, the individual and the Commission are to be notified, as soon as feasible after a final decision is made under this Part in respect of the alleged contravention or the time for appealing any decision under this Part has expired, of the decision and what conduct measures, if any, have been imposed against the member. 2013, c. 18, ss. 32, 77. Notice to person making representations 45.172 If representations have been received by the Force from a person who was given an opportunity to do so under subsection 45.57(1) in respect of an alleged contravention of a provision of the Code of Conduct by a member, the person is to be notified, as soon as feasible after a final decision is made under this Part in respect of the alleged contravention or the time for appealing any decision under this Part has expired, of the decision and Current to June 20, 2022 Last amended on July 12, 2019 Royal Canadian Mounted Police PART IV Conduct Notice Sections 45.172-45.18 what conduct measures, if any, have been imposed against the member. 2013, c. 18, ss. 32, 77. Notice to Chairperson 45.173 If the Chairperson of the Commission initiates a complaint under subsection 45.59(1) in respect of any conduct by a member that is also an alleged contravention of a provision of the Code of Conduct, the Chairperson of the Commission is to be notified, as soon as feasible after a final decision is made under this Part in respect of the alleged contravention or the time for appealing any decision under this Part has expired, of the decision and what conduct measures, if any, have been imposed against the member. 2013, c. 18, ss. 32, 77. PART V Management Advisory Board Establishment 45.18 (1) The Management Advisory Board is established. Mandate (2) The mandate of the Management Advisory Board is to provide the Commissioner — on its own initiative or at the Commissioner’s request — with advice, information and reports on the administration and management of the Force, including with respect to (a) the development and implementation of transformation and modernization plans; (b) the effective and efficient use of resources; (c) the actions to be taken to reduce corporate risks; (d) the development and implementation of policies and management controls that support the operation of the Force; (e) the development and implementation of corporate and strategic plans; and (f) the development and implementation of operating and capital budgets. Consideration (2.1) In carrying out its mandate, the Management Advisory Board shall consider the impact of its advice on women, men and gender-diverse people by taking into Current to June 20, 2022 Last amended on July 12, 2019 Royal Canadian Mounted Police PART V Management Advisory Board Sections 45.18-45.19 account the intersection of sex and gender with other identity factors. Copy or summary to Minister (3) The Management Advisory Board may provide the Minister with a copy or a summary of any advice, information or report that it provides to the Commissioner. R.S., 1985, c. 8 (2nd Supp.), s. 16; 2013, c. 18, s. 33; 2019, c. 29, s. 222. Appointment of members 45.19 (1) The Management Advisory Board is to consist of not more than 13 members to be appointed by the Governor in Council on the recommendation of the Minister. Consultation (2) Before making a recommendation to the Governor in Council with respect to an appointment, the Minister may consult with any government with which the Minister has entered into an arrangement under subsection 20(1). Factors to be considered (2.1) When recommending members, the Minister shall consider the importance of having a Management Advisory Board that is representative of the diversity of Canadian society and that is comprised of members who have the experience and the capacity required to carry out the Board’s mandate. Tenure (3) The members are to be appointed to hold office on a part-time basis during pleasure for a renewable term of not more than four years that will ensure, as far as possible, the expiry in any one year of the terms of office of not more than one half of the members. Chairperson and Vice-chairperson (4) The Governor in Council shall designate, from among the members of the Management Advisory Board, one person to be the Chairperson and another person to be the Vice-chairperson. Absence of Chairperson (5) If the Chairperson is absent or unable to act or if the office of Chairperson is vacant, the Vice-chairperson is to act as Chairperson, but he or she is not entitled to act for a period of more than 90 days without the Governor in Council’s approval. Current to June 20, 2022 Last amended on July 12, 2019 Royal Canadian Mounted Police PART V Management Advisory Board Section 45.19 Absence of Chairperson and Vice-chairperson (6) If the Chairperson and the Vice-chairperson are absent or unable to act or if those offices are vacant, the Minister may designate a member of the Management Advisory Board to act as Chairperson, but no member so designated is entitled to act for a period of more than 90 days without the Governor in Council’s approval. Security clearance (7) Every member of the Management Advisory Board shall obtain and maintain the necessary security clearance from the Government of Canada. Ineligibility (8) A person is not eligible to be appointed or to continue as a member of the Management Advisory Board if the person (a) is a member or other person appointed or employed under the authority of Part I; (b) is not a Canadian citizen or a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act; (c) is a public office holder as defined in subsection 2(1) of the Conflict of Interest Act, unless the person is a public office holder only by virtue of their appointment as a member of the Management Advisory Board; (d) is employed on a full-time basis in the federal public administration or by a provincial or municipal authority; or (e) is a member of the Senate, the House of Commons, the legislature of a province or a municipal council or is on the staff of such a member. Remuneration (9) The members of the Management Advisory Board are to be paid the remuneration that is fixed by the Governor in Council. Travel and living expenses (10) The members of the Management Advisory Board are entitled to be reimbursed, in accordance with Treasury Board directives, for the travel and living expenses incurred in connection with their work for the Board while absent from their ordinary place of residence. Federal public administration (11) The members of the Management Advisory Board are deemed to be employed in the federal public Current to June 20, 2022 Last amended on July 12, 2019 Royal Canadian Mounted Police PART V Management Advisory Board Sections 45.19-45.22 administration for the purposes of the Government Employees Compensation Act and any regulations made under section 9 of the Aeronautics Act. R.S., 1985, c. 8 (2nd Supp.), s. 16; 1993, c. 34, s. 111(F); 2013, c. 18, s. 33; 2019, c. 29, s. 222. Meetings 45.2 (1) The Chairperson may determine the dates, times and places at which the Management Advisory Board will meet, but it must meet at least once in each fiscal quarter of each fiscal year. Quarterly meetings in person (2) One meeting in each fiscal quarter of each fiscal year must be in person. Off-site participation (3) Except for the meetings referred to in subsection (2), a meeting of the Management Advisory Board may be held by any means of telecommunication that permits all persons who are participating to communicate adequately with each other. A person who is participating by such means is deemed to be present at the meeting. Participation of Deputy Minister and Commissioner (4) The Deputy Minister of Public Safety and Emergency Preparedness and the Commissioner, or a delegate of each of them, are to receive notice of all meetings of the Management Advisory Board and may attend and take part in, but not vote at, those meetings. R.S., 1985, c. 8 (2nd Supp.), s. 16; 2013, c. 18, s. 33; 2019, c. 29, s. 222. Administrative matters 45.21 The Management Advisory Board may (a) set its own priorities and develop its own work plans; (b) establish procedures governing the carrying out of its work; and (c) determine the quorum for its meetings. R.S., 1985, c. 8 (2nd Supp.), s. 16; 2013, c. 18, s. 33; 2019, c. 29, s. 222. Right of access to information 45.22 (1) Subject to subsection (2), the Commissioner shall, at the request of the Management Advisory Board, provide it with timely access to any information under the control, or in the possession, of the Force that the Board considers is necessary to enable it to carry out its mandate. Current to June 20, 2022 Last amended on July 12, 2019 Royal Canadian Mounted Police PART V Management Advisory Board Sections 45.22-45.28 Exception (2) The Management Advisory Board shall not have access to information under the control, or in the possession, of the Force if (a) the provision of access to the Board might compromise or hinder the investigation or prosecution of any offence; (b) the information reveals personal information; or (c) the information constitutes a confidence of the Queen’s Privy Council for Canada, as defined in subsection 39(2) of the Canada Evidence Act. R.S., 1985, c. 8 (2nd Supp.), s. 16; 2013, c. 18, s. 33; 2019, c. 29, s. 222. No waiver 45.23 For greater certainty, the provision of access by the Commissioner to the Management Advisory Board of any information that is subject to a privilege under the law of evidence, solicitor-client privilege or the professional secrecy of advocates and notaries or to litigation privilege does not constitute a waiver of any of those privileges or that secrecy. R.S., 1985, c. 8 (2nd Supp.), s. 16; 2013, c. 18, s. 33; 2019, c. 29, s. 222. Statistical and analytical reports 45.24 The Commissioner shall, at the request of the Management Advisory Board, based on information under the control, or in the possession, of the Force, prepare and provide to the Board any statistical or analytical reports that the Board considers necessary to enable it to carry out its mandate. R.S., 1985, c. 8 (2nd Supp.), s. 16; 2013, c. 18, s. 33; 2019, c. 29, s. 222. 45.25 [Repealed, 2013, c. 18, s. 33] 45.26 [Repealed, 2013, c. 18, s. 33] 45.27 [Repealed, 2013, c. 18, s. 33] 45.28 [Repealed, 2013, c. 18, s. 33] Current to June 20, 2022 Last amended on July 12, 2019 Royal Canadian Mounted Police PART VI Civilian Review and Complaints Commission For the Royal Canadian Mounted Police Sections 45.29-45.3 PART VI Civilian Review and Complaints Commission For the Royal Canadian Mounted Police Establishment and Organization Establishment 45.29 (1) The Civilian Review and Complaints Commission for the Royal Canadian Mounted Police is established, consisting of a Chairperson and not more than four other members, one of whom may be a Vice-chairperson, appointed by the Governor in Council. Ineligibility (2) A person is not eligible to be a member of the Commission if that person (a) is a member or former member; or (b) is not a Canadian citizen or a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act. Appointment consideration (3) The Governor in Council shall, before appointing a person as a member of the Commission, consider the need for regional representation in the membership of the Commission. Reappointment (4) A member of the Commission is eligible for reappointment on the expiry of that member’s term of office. R.S., 1985, c. 8 (2nd Supp.), s. 16; 2003, c. 22, s. 217(E); 2013, c. 18, s. 35. Full- or part-time 45.3 (1) The Chairperson is a full-time member of the Commission. The other members may be appointed as full-time or part-time members of the Commission. Tenure (2) Each member of the Commission holds office during good behaviour for a term of not more than five years but may be removed for cause at any time by the Governor in Council. Current to June 20, 2022 Last amended on July 12, 2019 Royal Canadian Mounted Police PART VI Civilian Review and Complaints Commission For the Royal Canadian Mounted Police Establishment and Organization Sections 45.3-45.31 Remuneration (3) Members of the Commission are to be paid the remuneration that is to be determined by the Governor in Council. Travel, living and other expenses (4) Members of the Commission are entitled to be reimbursed, in accordance with Treasury Board directives, for the travel, living and other expenses incurred in connection with their work for the Commission while absent, in the case of full-time members, from their ordinary place of work or, in the case of part-time members, from their ordinary place of residence. Application of Public Service Superannuation Act (5) The full-time members of the Commission are deemed to be employed in the public service for the purposes of the Public Service Superannuation Act. Application of other Acts (6) Members of the Commission are deemed to be employed in the federal public administration for the purposes of the Government Employees Compensation Act and any regulations made under section 9 of the Aeronautics Act. R.S., 1985, c. 8 (2nd Supp.), s. 16; 2013, c. 18, s. 35. Chairperson 45.31 (1) The Chairperson is the chief executive officer of the Commission and has supervision over and direction of the work and staff of the Commission. Delegation (2) The Chairperson may delegate to the Vice-chairperson or, if the office of Vice-chairperson is vacant, to any other member of the Commission any of the Chairperson’s powers, duties and functions under this Act, except the power to delegate under this subsection and the powers, duties and functions under subsections 45.4(5), 45.41(10), 45.47(2) and 45.85(3). Absence or incapacity (3) In the event of the absence or incapacity of the Chairperson or if the office of Chairperson is vacant, the Vicechairperson has all the powers, duties and functions of the Chairperson. In the event of the absence or incapacity of the Vice-chairperson or if the office of Vice-chairperson is vacant, the Minister may authorize another member of the Commission to exercise the powers and perform the duties and functions of the Chairperson, but a member of the Commission so authorized is not entitled Current to June 20, 2022 Last amended on July 12, 2019 Royal Canadian Mounted Police PART VI Civilian Review and Complaints Commission For the Royal Canadian Mounted Police Establishment and Organization Sections 45.31-45.34 to act as Chairperson for more than 90 days without the approval of the Governor in Council. R.S., 1985, c. 8 (2nd Supp.), s. 16; 2013, c. 18, s. 35. Head office 45.32 (1) The head office of the Commission shall be in Ottawa. Regional offices (2) The Commission may establish an office in any region of Canada. Staff (3) The officers and employees that are necessary for the proper conduct of the work of the Commission shall be appointed in accordance with the Public Service Employment Act. Technical assistance (4) The Commission may, with the approval of the Treasury Board, (a) engage, on a temporary basis, the services of persons having technical or specialized knowledge of any matter relating to the work of the Commission to advise and assist the Commission in the exercise or performance of its powers, duties and functions under this Act; and (b) fix and pay the remuneration and expenses of persons engaged under paragraph (a). R.S., 1985, c. 8 (2nd Supp.), s. 16; 2013, c. 18, s. 35. Powers, Duties and Functions Powers, duties and functions of Commission 45.33 The Commission shall exercise or perform the powers, duties and functions that are assigned to it by this Act. R.S., 1985, c. 8 (2nd Supp.), s. 16; 2013, c. 18, s. 35. Review and report 45.34 (1) For the purpose of ensuring that the activities of the Force are carried out in accordance with this Act or the Witness Protection Program Act, any regulations or ministerial directions made under them or any policy, procedure or guideline relating to the operation of the Force, the Commission may, on the request of the Minister or on its own initiative, conduct a review of specified activities of the Force and provide a report to the Minister and the Commissioner on the review. Current to June 20, 2022 Last amended on July 12, 2019 Royal Canadian Mounted Police PART VI Civilian Review and Complaints Commission For the Royal Canadian Mounted Police Powers, Duties and Functions Sections 45.34-45.35 Conditions (2) In order to conduct a review on its own initiative, the Commission shall be satisfied that (a) sufficient resources exist for conducting the review and the handling of complaints under Part VII will not be compromised; and (b) no other review or inquiry has been undertaken on substantially the same issue by a federal or provincial entity. Notice (3) Before conducting a review on its own initiative, the Commission shall give a notice to the Minister indicating that the Commission is satisfied that the conditions referred to in subsection (2) have been met and setting out the rationale for conducting the review. Policies, procedures and guidelines (4) The Commission shall include in the report any findings and recommendations that it sees fit regarding the adequacy, appropriateness, sufficiency or clarity of any policy, procedure or guideline relating to the operation of the Force. Copy of report to provincial ministers (5) The Commission may provide a copy of the report to the provincial minister who has the primary responsibility for policing in any province in respect of which there is an arrangement between the government of the province and the Minister under section 20. R.S., 1985, c. 8 (2nd Supp.), s. 16; 2013, c. 18, s. 35. Review for province 45.35 (1) If there is an arrangement between the government of a province and the Minister under section 20, the provincial minister who has the primary responsibility for policing in that province may ask the Minister to request that the Commission conduct a review of specified activities of the Force in that province. Report (2) If the Commission conducts a review under this section, it shall provide the Minister, the provincial minister who asked for the review and the Commissioner with a report on the review. The Commission may provide a copy of the report to any other provincial minister who has the primary responsibility for policing in a province. Current to June 20, 2022 Last amended on July 12, 2019 Royal Canadian Mounted Police PART VI Civilian Review and Complaints Commission For the Royal Canadian Mounted Police Powers, Duties and Functions Sections 45.35-45.38 Findings and recommendations (3) The Commission shall include in its report any findings and recommendations that the Commission sees fit regarding (a) whether the activities of the Force are carried out in accordance with this Act or the Witness Protection Program Act, any regulations or ministerial directions made under them or any policy, procedure or guideline relating to the operation of the Force; and (b) the adequacy, appropriateness, sufficiency or clarity of any policy, procedure or guideline relating to the operation of the Force. R.S., 1985, c. 8 (2nd Supp.), s. 16; 1996, c. 15, s. 22; 2013, c. 18, s. 35. National security 45.351 (1) The Commission does not have jurisdiction to conduct a review of an activity that is related to national security. Referral (2) The Commission shall refer any matter related to national security arising from a request for a review under section 45.34 or 45.35 to the National Security and Intelligence Review Agency. 2019, c. 13, s. 41. Powers 45.36 (1) The Commission has, when conducting a review under section 45.34 or 45.35, all of the powers of the Commission under paragraphs 45.65(1)(a) to (d). Application (2) Subsections 45.65(2) to (6) apply, with any necessary modifications, to the exercise of the powers by the Commission under subsection (1). R.S., 1985, c. 8 (2nd Supp.), s. 16; 2013, c. 18, s. 35. Service standards respecting time limits 45.37 The Commission shall establish, and make public, service standards respecting the time limits within which it is to deal with complaints and specifying the circumstances under which those time limits do not apply or the circumstances under which they may be extended. R.S., 1985, c. 8 (2nd Supp.), s. 16; 2013, c. 18, s. 35. Education and information 45.38 The Commission may implement public education and information programs to make its mandate better known to the public and may conduct research and Current to June 20, 2022 Last amended on July 12, 2019 Royal Canadian Mounted Police PART VI Civilian Review and Complaints Commission For the Royal Canadian Mounted Police Powers, Duties and Functions Sections 45.38-45.4 consult and cooperate with any person or entity, in or outside Canada, in matters relating to its mandate. R.S., 1985, c. 8 (2nd Supp.), s. 16; 2013, c. 18, s. 35. Information Provisions Right of access 45.39 (1) Subject to sections 45.4 and 45.42, the Commission is entitled to have access to any information under the control, or in the possession, of the Force that the Commission considers is relevant to the exercise of its powers, or the performance of its duties and functions, under Parts VI and VII. Access to records (2) The entitlement to access includes the right to examine all or any part of a record and to be given a copy of all or any part of a record. Identification (3) If the Commissioner is of the opinion that the disclosure of any information referred to in subsection (1), other than privileged information as defined in subsection 45.4(1), to any person or entity, other than a member, officer or employee of the Commission or a person acting on its behalf, gives rise to a risk of serious harm to a person, the Commissioner shall identify the information to the Commission when providing the Commission with access to the information. Application (4) Except as provided by any other Act of Parliament that expressly refers to this section, this section applies despite any other Act of Parliament. R.S., 1985, c. 8 (2nd Supp.), s. 16; 2013, c. 18, s. 35. Definition of privileged information 45.4 (1) In this section and sections 45.41 to 45.48, privileged information means information that is subject to any type of privilege that exists and may be claimed, including (a) information that is protected by the privilege that exists between legal counsel and their client or that is subject to informer privilege; (b) information the disclosure of which is described in subsection 11(1) of the Witness Protection Program Act; (c) [Repealed, 2013, c. 29, s. 23] Current to June 20, 2022 Last amended on July 12, 2019 Royal Canadian Mounted Police PART VI Civilian Review and Complaints Commission For the Royal Canadian Mounted Police Information Provisions Section 45.4 (d) special operational information as defined in subsection 8(1) of the Security of Information Act; (e) information or intelligence that is similar in nature to information or intelligence referred to in any of paragraphs (a) to (f) of the definition special operational information in subsection 8(1) of the Security of Information Act and that is in relation to, or is received from, any police force or Interpol or other similar international police organization; and (f) medical information about a member or other person appointed or employed under the authority of Part I. Access to privileged information (2) Despite any privilege that exists and may be claimed, the Commission is entitled to have access to privileged information under the control, or in the possession, of the Force if that information is relevant and necessary to the matter before the Commission when it is conducting a review under section 45.34 or 45.35 or is conducting an investigation, review or hearing under Part VII. Access to records (3) The entitlement to access includes the right to examine all or any part of a record and, subject to the Commissioner’s approval, to be given a copy of all or any part of a record. Refusal and reasons (4) If the Commissioner refuses access to privileged information sought by the Commission under this section, the Commissioner shall, without disclosing the privileged information, (a) indicate to the Commission why the privileged information is not relevant or necessary to the matter before the Commission; and (b) provide the Commission with information about the nature and date of the privileged information. Memorandum of understanding (5) The Chairperson and the Commissioner may enter into a memorandum of understanding setting out principles and procedures respecting access to privileged information under this section and principles and procedures to protect that information. Regulations (6) The Governor in Council may make regulations respecting procedures that govern the Commission’s access Current to June 20, 2022 Last amended on July 12, 2019 Royal Canadian Mounted Police PART VI Civilian Review and Complaints Commission For the Royal Canadian Mounted Police Information Provisions Sections 45.4-45.41 to privileged information under this section and procedures to protect that information. Application (7) Except as provided by any other Act of Parliament that expressly refers to this section, this section, or any regulation made under subsection (6), applies despite any other Act of Parliament. R.S., 1985, c. 8 (2nd Supp.), s. 16; 2013, c. 18, s. 35, c. 29, s. 23. Former judge or other individual 45.41 (1) If the Commissioner refuses access to privileged information sought by the Commission under subsection 45.4(2), the Minister shall, at the request of the Commission, appoint a former judge of a superior court of a province or the Federal Court or an individual who is a member of a prescribed category of individuals to review the information and make observations to the Commission and the Commissioner. In order to be appointed, the former judge or other individual shall obtain a security clearance from the Government of Canada and shall take the oath of secrecy referred to in paragraph 45.45(1)(a). Notice of appointment (2) The Minister shall provide notice to the Chairperson and the Commissioner when a former judge or other individual has been appointed in accordance with subsection (1). The Chairperson and the Commissioner shall make their representations to the former judge or other individual within 30 days after the day on which the notice is sent or within any longer period, not exceeding 60 days, that the former judge or other individual may permit. Former judge or other individual to have access (3) The former judge or other individual shall have access to privileged information for the purposes of the review. Observations (4) The former judge or other individual shall review the privileged information and provide his or her observations to the Chairperson and the Commissioner (a) regarding the privileged nature of the information; and (b) regarding the relevance and necessity of the information to the matter before the Commission. Current to June 20, 2022 Last amended on July 12, 2019 Royal Canadian Mounted Police PART VI Civilian Review and Complaints Commission For the Royal Canadian Mounted Police Information Provisions Section 45.41 Prohibition (5) The former judge or other individual shall not include information that reveals privileged information or from which it may be inferred in the observations provided under subsection (4). Factors to consider (6) The former judge or other individual shall, before making any observations, consider the following factors: (a) the reasons for which the Commission is seeking access to the information; (b) the Commissioner’s reasons for refusing access to the information; and (c) whether the Commission can properly exercise its powers or perform its duties and functions without access to the information. Time limit (7) The observations of the former judge or other individual shall be made within 30 days after the day on which the period referred to in subsection (2) expires or within any longer period, not exceeding 60 days, that the Minister permits. Confidentiality (8) The observations of the former judge or other individual are confidential and shall not be disclosed by the judge or other individual, the Commission or the Force, except to the Minister. Immunity and no summons (9) Section 45.5 applies to the former judge or other individual as if he or she were a member of the Commission. Observations to be taken into account (10) After receiving the observations of the former judge or other individual, the Chairperson shall review the Commission’s decision to seek access and the Commissioner shall review his or her decision to refuse access, taking those observations into account. Restriction (11) An application for judicial review shall not be made in connection with the Commission’s decision to seek access to privileged information, or the Commissioner’s refusal to allow access to privileged information, until the former judge or other individual has made his or her observations. Current to June 20, 2022 Last amended on July 12, 2019 Royal Canadian Mounted Police PART VI Civilian Review and Complaints Commission For the Royal Canadian Mounted Police Information Provisions Sections 45.41-45.42 Regulations (12) The Governor in Council may, by regulation, prescribe categories of individuals for the purposes of subsection (1). R.S., 1985, c. 8 (2nd Supp.), s. 16; 2013, c. 18, s. 35. Exceptions 45.42 (1) Despite section 45.4, the Commission shall not have access to information under the control, or in the possession, of the Force if the information reveals (a) information relating to a request made by a member or other person appointed or employed under the authority of Part I for legal assistance or indemnification from Her Majesty in right of Canada; (b) communications referred to in subsection 47.1(2); (c) information that is protected by the privilege that exists between legal counsel and their client and that relates to the provision of advice to a member or other person appointed or employed under the authority of Part I when the privilege may be claimed by the member or other person and not the Force; (d) information that is protected by the privilege that exists between legal counsel and their client when the privilege may be claimed by the Force and that relates to the Force’s dealings with the Commission, including (i) legal opinions relating to the way in which the Force should conduct itself in regard to the Commission, and (ii) minutes of meetings held by the Force relating to the way in which the Force should conduct itself in regard to the Commission; and (e) any report prepared for the Commissioner in respect of a meeting held or to be held between the Commission and the Force and containing analysis or advice relating to the meeting. Exception — confidences (2) Nothing in this Part authorizes a person to disclose to the Commission a confidence of the Queen’s Privy Council for Canada in respect of which subsection 39(1) of the Canada Evidence Act applies, and the Commission may not use the confidence if it is disclosed. R.S., 1985, c. 8 (2nd Supp.), s. 16; 2013, c. 18, s. 35. Current to June 20, 2022 Last amended on July 12, 2019 Royal Canadian Mounted Police PART VI Civilian Review and Complaints Commission For the Royal Canadian Mounted Police Information Provisions Sections 45.43-45.45 Use of privileged information 45.43 If the Commission obtains access to privileged information in respect of a matter under subsection 45.4(2), the Commission may use that information only in respect of that matter. R.S., 1985, c. 8 (2nd Supp.), s. 16; 2013, c. 18, s. 35. Protection of information 45.44 (1) The Commission may, by regulation, establish measures to protect the information under its control or in its possession. Consultation and approval (2) Subject to subsection 45.47(2), if the Commission obtains access to information referred to in subsection 45.39(3) or to privileged information from the Force, no member, officer or employee of the Commission and no other person acting on its behalf shall distribute any report or other document that contains or discloses the information or any part of it without having first obtained the approval of the Commissioner. Time limit (3) The Commissioner shall indicate whether he or she approves the distribution of a report or other document under subsection (2) as soon as feasible after being consulted under that subsection. Regulations (4) The Governor in Council may make regulations respecting measures to protect the information under the control, or in the possession, of the Commission. Conflict or inconsistency (5) In the event of a conflict or inconsistency between the regulations made under subsections (1) and (4), the regulations made under subsection (4) prevail to the extent of the conflict or inconsistency. Duty to comply with regulations (6) Subject to subsection (5), every member, employee and officer of the Commission and every person acting on its behalf shall comply with the regulations made under subsections (1) and (4). R.S., 1985, c. 8 (2nd Supp.), s. 16; 2013, c. 18, s. 35. Security requirements 45.45 (1) Every member, employee and officer of the Commission and every other person acting on its behalf and every former judge or other individual appointed under subsection 45.41(1) shall Current to June 20, 2022 Last amended on July 12, 2019 Royal Canadian Mounted Police PART VI Civilian Review and Complaints Commission For the Royal Canadian Mounted Police Information Provisions Sections 45.45-45.46 (a) obtain and maintain the necessary security clearance from the Government of Canada and take the oath of secrecy prescribed by regulation; (b) comply with all security requirements under this Part and the Security of Information Act; and (c) follow established procedures or practices, including any requirement found in a Treasury Board policy, guideline or directive, for the secure handling, storage, transportation and transmission of information or documents. Regulations (2) The Governor in Council may, by regulation, prescribe the oath of secrecy referred to in paragraph (1)(a). R.S., 1985, c. 8 (2nd Supp.), s. 16; 1996, c. 15, s. 23; 2013, c. 18, ss. 34, 35. Safeguards — third party 45.46 (1) The Commission shall not disclose information referred to in subsection 45.39(3) that it has received from the Force to any person or entity other than a member, employee or officer of the Commission or a person acting on its behalf unless the Commissioner advises the Commission that he or she is satisfied that (a) the person or entity will take reasonable measures to protect that information; (b) the person or entity will require all of its members, employees, officers and other persons acting on its behalf to meet requirements that are equivalent to the requirements referred to in section 45.45; and (c) the person or entity has agreed to any measures that would assist the Force to verify compliance with the obligations described in paragraphs (a) and (b), which may include agreeing to permit the Force to enter and inspect the premises of the person or entity and any information storage facilities and to provide any information or documents requested by the Force. Time limit (2) When the Commission indicates to the Commissioner that it wishes to disclose information referred to in subsection 45.39(3) to a person or entity other than a member, employee or officer of the Commission or a person acting on its behalf, the Commissioner shall, as soon as feasible, indicate to the Commission whether he or she is satisfied that the person or entity has met the requirements of paragraphs (1)(a) and (b) and has agreed to the measures referred to in paragraph (1)(c). Current to June 20, 2022 Last amended on July 12, 2019 Royal Canadian Mounted Police PART VI Civilian Review and Complaints Commission For the Royal Canadian Mounted Police Information Provisions Sections 45.46-45.47 Regulations (3) The Governor in Council may make regulations respecting the disclosure by the Commission of information referred to in subsection 45.39(3) to persons or entities other than a member, employee or officer of the Commission or a person acting on its behalf and the measures that the persons or entities receiving the information are to take to protect the information. Duties to comply (4) Every person who has received information under this section shall comply with the regulations made under subsection (3). R.S., 1985, c. 8 (2nd Supp.), s. 16; 2013, c. 18, s. 35. Disclosure by Commission prohibited 45.47 (1) Except as authorized under subsection (2), no member, officer or employee of the Commission or other person acting on its behalf shall provide information to any person, or allow any person to have access to information, knowing that the information is privileged information to which he or she had access under subsection 45.4(2) or being reckless as to whether the information is such privileged information. Authorized disclosure (2) Every person who is otherwise prohibited from disclosing privileged information under subsection (1) may, if authorized by the Chairperson, disclose that information (a) to the Attorney General of Canada or of a province if, in the opinion of the Chairperson, the information relates to the commission of an offence under federal or provincial law by a director, an officer or an employee of a government institution and there is evidence of such an offence and the information is required in criminal proceedings, either by indictment or on summary conviction, that have been commenced by the laying of an information or the preferring of an indictment, under an Act of Parliament; (b) to the Minister other than in an annual report referred to in section 45.52; (c) to the Commissioner if, in the opinion of the Chairperson, the information is required for the purpose of enabling the Commissioner to exercise his or her powers or perform his or her duties and functions under this Act; and (d) to a former judge or other individual for the purposes of section 45.41. Current to June 20, 2022 Last amended on July 12, 2019 Royal Canadian Mounted Police PART VI Civilian Review and Complaints Commission For the Royal Canadian Mounted Police Information Provisions Sections 45.47-45.49 Disclosure of privileged information — proceedings (3) A member, officer or employee of the Commission or other person acting on its behalf shall not be required, in connection with any criminal, civil or administrative action or proceeding, to give or produce evidence relating to privileged information to which he or she had access under subsection 45.4(2). Application (4) Except as provided by any other Act of Parliament that expressly refers to it, this section applies despite any other Act of Parliament other than the Access to Information Act and the Privacy Act. Application (5) This section applies despite subsection 13(1) of the Auditor General Act and subsection 79.4(1) of the Parliament of Canada Act. R.S., 1985, c. 8 (2nd Supp.), s. 16; 2013, c. 18, s. 35; 2017, c. 20, s. 173.1. Disclosure by former judge or other individual prohibited 45.48 A former judge or other individual appointed under subsection 45.41(1) shall not provide information to any person, or allow any person to have access to information, knowing that the information is privileged information to which he or she had access under subsection 45.41(3) or being reckless as to whether the information is such privileged information. 2012, c. 19, s. 369; 2013, c. 18, s. 35. Rules Rules 45.49 (1) Subject to the provisions of this Act and the regulations, the Commission may make rules respecting (a) the sittings of the Commission; (b) the fixing of the quorum for the performance of its duties and functions; (c) the manner of dealing with matters and business before the Commission generally, including the practice and procedure before the Commission; (d) the apportionment of the Commission’s work among its members; and (e) the performance of the duties and functions of the Commission under this Act generally. Current to June 20, 2022 Last amended on July 12, 2019 Royal Canadian Mounted Police PART VI Civilian Review and Complaints Commission For the Royal Canadian Mounted Police Rules Sections 45.49-45.51 Publication of proposed rules (2) A copy of each rule that the Commission proposes to make shall be published in the Canada Gazette and a reasonable opportunity shall be given to interested persons to make representations with respect to it. Exception (3) A proposed rule need not be published more than once, whether or not it has been amended as a result of any representations. 2012, c. 19, s. 369; 2013, c. 18, s. 35. Immunity Protection 45.5 (1) No criminal, civil or administrative action or proceeding lies against the members, officers or employees of the Commission, or any person acting on behalf or under the direction of the Commission, for anything done, reported or said in good faith in the exercise or purported exercise of any power, or the performance or purported performance of any duty or function, of the Commission or the Chairperson under this Act. No summons (2) A member, officer or employee of the Commission, or any person acting on behalf or under the direction of the Commission, is not a competent or compellable witness, in respect of any matter coming to the knowledge of the Commission or that person as a result of exercising a power or performing a duty or function of the Commission or the Chairperson, in any proceeding other than a prosecution for an offence under this Act, a prosecution for an offence under the Security of Information Act or a prosecution for an offence under section 132 or 136 of the Criminal Code. 2012, c. 19, s. 369; 2013, c. 18, s. 35. Reporting Special reports 45.51 (1) The Commission may, on the request of the Minister or on its own initiative, provide the Minister with a special report concerning any matter that relates to its powers, duties and functions under this Act. Exemption (2) When the Commission provides the report to the Minister, section 45.43 and subsection 45.44(2) do not apply in respect of any information referred to in subsection 45.39(3) or to privileged information, as defined in subsection 45.4(1), set out in the report. 2012, c. 19, s. 369; 2013, c. 18, s. 35. Current to June 20, 2022 Last amended on July 12, 2019 Royal Canadian Mounted Police PART VI Civilian Review and Complaints Commission For the Royal Canadian Mounted Police Reporting Sections 45.52-45.53 Annual report 45.52 (1) The Chairperson shall, within three months after the end of each fiscal year, submit to the Minister a report of the activities of the Commission during that year and its recommendations, if any. The Minister shall cause a copy of the report to be tabled in each House of Parliament on any of the first 15 days on which that House is sitting after the day on which the Minister receives the report. Annual report — provinces (2) The Commission shall, for each fiscal year and in respect of each province the government of which has entered into an arrangement with the Minister under section 20, submit to the provincial minister who has the primary responsibility for policing in that province a report setting out the number and nature of complaints relating to conduct that occurred in that province and how those complaints were disposed of and identifying trends, if any. The Commission shall submit a copy of that report to the Minister and the Commissioner. Performance in relation to time limits (3) Every report must contain information respecting the Commission’s performance in relation to the service standards established under section 45.37. 2013, c. 18, s. 35. PART VII Investigation, Review and Hearing of Complaints Complaints Complaints 45.53 (1) Any individual may make a complaint concerning the conduct, in the performance of any duty or function under this Act or the Witness Protection Program Act, of any person who, at the time that the conduct is alleged to have occurred, was a member or other person appointed or employed under Part I. Commission’s discretion (2) The Commission may refuse to deal with the complaint if, in the Commission’s opinion, the complaint (a) has been adequately dealt with, or could more appropriately be dealt with, according to a procedure provided for under this Act or any other Act of Parliament; Current to June 20, 2022 Last amended on July 12, 2019 Royal Canadian Mounted Police PART VII Investigation, Review and Hearing of Complaints Complaints Section 45.53 (b) is trivial, frivolous, vexatious or made in bad faith; or (c) is from an individual who (i) is not an individual at whom the conduct was directed, (ii) is not the guardian, tutor, curator, mandatary in case of incapacity or any other person authorized to act on behalf of the individual at whom the conduct was directed, (iii) did not see or hear the conduct or its effects as a result of not being physically present at the time and place that the conduct or its effects occurred, (iv) has not been given written permission to make the complaint from the individual at whom the conduct was directed, or (v) has not suffered loss, damage, distress, danger or inconvenience as a result of the conduct. Complaints involving decisions made under Part IV (3) The Commission shall refuse to deal with a complaint concerning any decision under Part IV. Complaint by members or certain other persons (4) The Commission shall refuse to deal with a complaint made under subsection (1) by a member or other person appointed or employed under Part I if the complaint has been or could have been adequately dealt with, or could more appropriately be dealt with, according to a procedure provided for under this Act or any other Act of Parliament. National security (4.1) The Commission shall refuse to deal with a complaint concerning an activity that is closely related to national security and shall refer such a complaint to the National Security and Intelligence Review Agency. Notification of referral (4.2) The Commission shall notify the Commissioner if it refers a complaint to the National Security and Intelligence Review Agency. After doing so, it shall also notify the complainant of the referral. Current to June 20, 2022 Last amended on July 12, 2019 Royal Canadian Mounted Police PART VII Investigation, Review and Hearing of Complaints Complaints Section 45.53 Time limit (5) The complaint shall be made within one year after the day on which the conduct is alleged to have occurred or any longer period permitted under subsection (6). Extension of time limit (6) The Commission or the Commissioner may extend the time limit for making a complaint if the Commission or the Commissioner, as the case may be, is of the opinion that there are good reasons for doing so and that it is not contrary to the public interest. Notice (7) If a complaint is made more than one year after the day on which the conduct is alleged to have occurred and the Commissioner does not extend the time limit for the making of the complaint, the Commissioner shall so notify the complainant and the Commission. Reception of complaint (8) A complaint shall be made to (a) the Commission; (b) any member or other person appointed or employed under Part I; or (c) the provincial authority that is responsible for the receipt of complaints against police in the province in which the subject matter of the complaint arose. Assistance (9) The Commission shall, on the request of an individual who wishes to make a complaint, arrange for the provision of assistance to that individual in making the complaint. Acknowledgement and notification (10) As soon as feasible after a person or entity referred to in subsection (8) receives a complaint, the person or entity shall acknowledge the complaint in writing to the complainant and shall provide written notice of the complaint to the Commissioner and to the entities referred to in paragraphs (8)(a) and (c). Covert operations (11) The Commission and the Force are authorized to acknowledge a complaint or otherwise deal with a complainant in a manner that does not reveal, or from which may not be inferred, information concerning (a) whether a place, person, agency, group, body or other entity was, is or is intended to be the object of a Current to June 20, 2022 Last amended on July 12, 2019 Royal Canadian Mounted Police PART VII Investigation, Review and Hearing of Complaints Complaints Sections 45.53-45.55 covert investigation or a covert collection of information or intelligence; or (b) the identity of any person who is, has been or is intended to be engaged in a covert collection of information or intelligence. 2013, c. 18, s. 35; 2019, c. 13, s. 42. Notice 45.54 As soon as feasible after being notified of a complaint, the Commissioner shall notify in writing the member or other person whose conduct is the subject matter of the complaint of the substance of the complaint unless, in the Commissioner’s opinion, to do so might compromise or hinder any investigation that is being or may be carried out in respect of the complaint. 2013, c. 18, s. 35. Withdrawal of Complaints Withdrawal 45.55 (1) A complainant may withdraw a complaint at any time by sending a written notice to the Commission. Assistance (2) The Commission shall, on the request of an individual who wishes to withdraw a complaint, arrange for the provision of assistance to that individual in withdrawing the complaint. Notice of withdrawal (3) As soon as feasible after the Commission receives a notice that a complaint has been withdrawn, the Commission shall give written notice of the withdrawal to the Commissioner and the provincial authority that is responsible for the receipt of complaints against police in the province in which the subject matter of the complaint arose. Notice to member or other person (4) When the Commissioner receives a notice under subsection (3), he or she shall notify in writing the member or other person whose conduct is the subject matter of the complaint that the complaint has been withdrawn. Investigation or hearing into withdrawn complaint (5) Despite the withdrawal of the complaint, the complaint may be the subject of an investigation, review or hearing conducted under this Part. Current to June 20, 2022 Last amended on July 12, 2019 Royal Canadian Mounted Police PART VII Investigation, Review and Hearing of Complaints Withdrawal of Complaints Sections 45.55-45.56 Preservation of evidence (6) The Commissioner shall ensure the protection and preservation of any evidence relating to a withdrawn complaint. Regulations (7) The Governor in Council may make regulations respecting the period during which the evidence is to be protected and preserved. 2013, c. 18, s. 35. Informal Resolution Informal resolution 45.56 (1) As soon as feasible after being notified of a complaint, the Commissioner shall consider whether the complaint can be resolved informally and, with the consent of the complainant and the member or other person whose conduct is the subject matter of the complaint, may attempt to resolve it informally. Inadmissibility (2) An answer or statement made in the course of attempting to resolve a complaint informally, by the complainant or the member or other person whose conduct is the subject matter of the complaint, may be used or received against that person only in (a) a prosecution under section 132 or 136 of the Criminal Code; or (b) a civil or administrative proceeding regarding an allegation that with intent to mislead the witness gave the answer or statement knowing it to be false. Agreement to informal resolution in writing (3) The terms of every informal resolution of a complaint as well as the agreement of the complainant and the member or other person whose conduct is the subject matter of the complaint to those terms shall be signified in writing. A copy of everything so signified in writing is to be provided to the Commission. Regulations (4) The Governor in Council may make regulations prescribing the categories of complaints that are not to be resolved informally by the Commissioner. Current to June 20, 2022 Last amended on July 12, 2019 Royal Canadian Mounted Police PART VII Investigation, Review and Hearing of Complaints Informal Resolution Sections 45.56-45.58 Clarification (5) For greater certainty, nothing in this section prevents the Commission from informally resolving a complaint of which it is seized. 2013, c. 18, s. 35. Representations Right to make representations 45.57 (1) If a complaint is made under this Part with respect to the conduct of a member or other person, the following persons shall be given an opportunity to make representations with respect to that conduct’s impact on the person: (a) the complainant; (b) the guardian, tutor, curator, mandatary in case of incapacity or any other person authorized to act on behalf of the individual at whom the conduct was directed; and (c) the individual who has written permission to make the representations from the individual at whom the conduct was directed. Disclosure and use (2) Representations, including any personal information contained in them, received by the Commission in relation to the complaint shall be disclosed as soon as feasible to the Force and those representations shall be taken into account by a conduct authority or conduct board in determining a conduct measure to be imposed under Part IV. Regulations (3) The Governor in Council may make regulations respecting the making of representations under subsection (1). 2013, c. 18, ss. 35, 77. Records of complaints 45.58 (1) The Commissioner and the Commission shall establish and maintain a record of all complaints they receive under this Part, including those that are resolved informally and those that are withdrawn by the complainant. Making record available (2) Subject to sections 45.4 and 45.42, the Commissioner shall, on request, make available to the Commission any information contained in a record maintained by the Commissioner under subsection (1). 2013, c. 18, s. 35. Current to June 20, 2022 Last amended on July 12, 2019 Royal Canadian Mounted Police PART VII Investigation, Review and Hearing of Complaints Chairperson-initiated Complaints Sections 45.59-45.6 Chairperson-initiated Complaints Complaints initiated by Chairperson 45.59 (1) If the Chairperson is satisfied that there are reasonable grounds to investigate the conduct, in the performance of any duty or function under this Act or the Witness Protection Program Act, of any person who, at the time that the conduct is alleged to have occurred, was a member or other person appointed or employed under Part I, the Chairperson may initiate a complaint in relation to that conduct. Chairperson is complainant (2) Unless the context otherwise requires, a reference in this Part to a complainant is, in relation to a complaint initiated under subsection (1), a reference to the Chairperson. Notice to Commissioner and Minister (3) The Chairperson shall notify the Minister and the Commissioner of any complaint initiated under subsection (1). Notice to member (4) Immediately after being notified of a complaint under subsection (3), the Commissioner shall notify in writing the member or other person whose conduct is the subject matter of the complaint of the substance of the complaint unless, in the Commissioner’s opinion, to do so might compromise or hinder any investigation that is being or may be carried out in respect of the complaint. 2013, c. 18, s. 35. Investigation of Complaints by the Force Investigation by the Force 45.6 (1) Subject to subsection (2) and section 45.61, the Force shall investigate, in accordance with the rules made under section 45.62, any complaint made under this Part. Restriction on power to investigate (2) The Force shall not commence or continue an investigation of a complaint if the Commission has notified the Commissioner that it will investigate that complaint or institute a hearing to inquire into that complaint. 2013, c. 18, s. 35. Current to June 20, 2022 Last amended on July 12, 2019 Royal Canadian Mounted Police PART VII Investigation, Review and Hearing of Complaints Investigation of Complaints by the Force Sections 45.61-45.63 Right to refuse or terminate investigation 45.61 (1) The Commissioner may direct the Force to not commence or continue an investigation of a complaint, other than a complaint initiated under subsection 45.59(1), if, in the Commissioner’s opinion, (a) any of the reasons for which the Commission may refuse to deal with a complaint under paragraph 45.53(2)(a), (b) or (c) or subsection 45.53(3) applies; or (b) having regard to all the circumstances, it is not necessary or reasonably practicable to commence or continue an investigation of the complaint. Duty to refuse or terminate investigation (2) The Commissioner shall direct the Force to not commence or continue an investigation of a complaint by a member or other person appointed or employed under Part I if the complaint has been or could have been adequately dealt with, or could more appropriately be dealt with, according to a procedure provided for under this Act or any other Act of Parliament. Notice to complainant and member (3) If the Commissioner directs the Force to not commence or continue an investigation of a complaint, the Commissioner shall give notice in writing to the complainant and the member or other person whose conduct is the subject matter of the complaint of the decision and the reasons for it and the complainant’s right to refer the complaint to the Commission for review, within 60 days after being notified of the decision, if the complainant is not satisfied with the decision. Notice to the Commission (4) The Commissioner shall notify the Commission of any action he or she takes under this section. 2013, c. 18, s. 35. Rules 45.62 The Commissioner may make rules governing the procedures to be followed by the Force in notifying persons under this Part and in investigating, disposing of or otherwise dealing with complaints under this Part. 2013, c. 18, s. 35. Updates with respect to the investigation 45.63 The Commissioner shall notify in writing the complainant and the member or other person whose conduct is the subject matter of the complaint of the status of the investigation to date not later than 45 days after being notified of the complaint and monthly after that during the course of the investigation unless, in the Current to June 20, 2022 Last amended on July 12, 2019 Royal Canadian Mounted Police PART VII Investigation, Review and Hearing of Complaints Investigation of Complaints by the Force Sections 45.63-45.65 Commissioner’s opinion, to do so might compromise or hinder any investigation that is being or may be carried out in respect of the complaint. 2013, c. 18, s. 35. Report 45.64 As soon as feasible after the investigation of a complaint is completed, the Commissioner shall prepare and send to the complainant, the member or other person whose conduct is the subject matter of the complaint and the Commission a report setting out (a) a summary of the complaint; (b) the findings of the investigation; (c) a summary of any action that has been or will be taken with respect to the disposition of the complaint; and (d) the complainant’s right to refer the complaint to the Commission for review, within 60 days after receiving the report, if the complainant is not satisfied with the disposition of the complaint. 2013, c. 18, s. 35. Powers of the Commission in Relation to Complaints Powers 45.65 (1) The Commission may, in relation to a complaint before it, (a) in the same manner and to the same extent as a superior court of record, summon and enforce the attendance of witnesses before the Commission and compel them to give oral or written evidence on oath and to produce any documents and things that the Commission considers relevant for the full investigation, hearing and consideration of the complaint; (b) administer oaths; (c) receive and accept any evidence and other information, whether on oath or by affidavit or otherwise, that the Commission sees fit, whether or not that evidence or information is or would be admissible in a court of law; and (d) make any examination of records and any inquiries that the Commission considers necessary. No excuse (2) No witness shall be excused from answering any question or producing any document or thing, when Current to June 20, 2022 Last amended on July 12, 2019 Royal Canadian Mounted Police PART VII Investigation, Review and Hearing of Complaints Powers of the Commission in Relation to Complaints Sections 45.65-45.66 compelled to do so by the Commission, on the grounds that the answer or statement made in response to the question, or the document or thing given by the witness, may tend to criminate him or her or subject him or her to any criminal, civil or administrative action or proceeding. Inadmissibility (3) Evidence given, or a document or thing produced, by a witness who is compelled by the Commission to give or produce it, and any evidence derived from it, may be used or received against the witness only in (a) a prosecution under section 132 or 136 of the Criminal Code; or (b) a civil or administrative proceeding in respect of an allegation that, with intent to mislead, the witness gave the answer or statement knowing it to be false. Restriction (4) Despite subsection (1), the Commission shall not receive or accept (a) any answer or statement made in response to a question described in subsection 24.1(7), 35(8), 40(2) or 45.1(5); (b) any answer or statement made in response to a question described in subsection (2) in any investigation or hearing with respect to any other complaint; or (c) any answer or statement made in the course of attempting to dispose of a complaint under section 45.56. Restriction (5) Despite paragraph (1)(a), the Commission shall not enforce the production of written evidence or any document or thing to which the Commission has a right of access under subsection 45.4(2). Witness fees (6) Any witness, other than a member, who is summoned is entitled, at the discretion of the Commission, to receive the same fees and allowances as those paid to witnesses summoned to attend before the Federal Court. 2013, c. 18, ss. 35, 77. Investigation by the Commission Complaints 45.66 (1) After receiving or being notified of a complaint made under this Part, the Commission shall Current to June 20, 2022 Last amended on July 12, 2019 Royal Canadian Mounted Police PART VII Investigation, Review and Hearing of Complaints Investigation by the Commission Sections 45.66-45.67 investigate the complaint or institute a hearing to inquire into the complaint if the Chairperson is of the opinion that it would be in the public interest for the Commission to do so. Notice to Commissioner and Minister (2) The Commission shall notify the Minister and the Commissioner of any investigation or hearing initiated under this section. 2013, c. 18, s. 35. Right to terminate investigation 45.67 (1) The Commission may decide to discontinue an investigation of a complaint if, in the Commission’s opinion, (a) any of the reasons for which the Commission may refuse to deal with a complaint under paragraph 45.53(2)(a), (b) or (c) applies; or (b) having regard to all the circumstances, it is not necessary or reasonably practicable to continue to investigate the complaint. Obligation to discontinue investigation (2) The Commission shall discontinue an investigation of a complaint if subsection 45.53(3) or (4) applies. Referral — National security (2.1) The Commission shall discontinue an investigation of a complaint if subsection 45.53(4.1) applies and shall refer the complaint to the National Security and Intelligence Review Agency. Notice to the Commissioner and complainant (3) Subject to subsection (3.1), if the Commission discontinues an investigation of a complaint, the Commission shall give notice in writing of the discontinuance and the reasons for it to the complainant and the Commissioner. Notice — application of subsection (2.1) (3.1) If the investigation of a complaint is discontinued under subsection (2.1), the Commission shall give to the Commissioner notice in writing of the investigation’s discontinuance and the referral of the complaint to the National Security and Intelligence Review Agency. After doing so, the Commission shall give notice in writing of the discontinuance and the referral to the complainant. Current to June 20, 2022 Last amended on July 12, 2019 Royal Canadian Mounted Police PART VII Investigation, Review and Hearing of Complaints Investigation by the Commission Sections 45.67-45.7 Notice to member and other persons (4) After receiving the notice, the Commissioner shall notify the member or other person whose conduct is the subject matter of the complaint of the discontinuance of the investigation of the complaint and, if applicable, of the referral made under subsection (2.1). 2013, c. 18, s. 35; 2019, c. 13, s. 43. Consolidation of complaints 45.68 The Commission may, if in its opinion it is appropriate to do so, merge two or more complaints for the purposes of an investigation, review or hearing. 2013, c. 18, s. 35. Updates with respect to investigation 45.69 The Commission shall notify in writing the complainant and the member or other person whose conduct is the subject matter of the complaint of the status of the investigation to date not later than 45 days after being notified of the complaint and monthly after that during the course of the investigation unless, in the Commission’s opinion, to do so might compromise or hinder any investigation that is being or may be carried out in respect of the complaint. 2013, c. 18, s. 35. Referral of Complaints to Commission Referral to Commission 45.7 (1) A complainant who is not satisfied with a decision under section 45.61 or a report under section 45.64 may, within 60 days after being notified of the decision or receiving the report, refer the complaint in writing to the Commission for review. Extension of time limit (2) The Commission may extend the time limit for referring a complaint to the Commission for review if the Commission is of the opinion that there are good reasons for doing so and that it is not contrary to the public interest. Material to be provided (3) If a complainant refers a complaint to the Commission under subsection (1), (a) the Commission shall notify the Commissioner that the complaint has been referred to the Commission; and Current to June 20, 2022 Last amended on July 12, 2019 Royal Canadian Mounted Police PART VII Investigation, Review and Hearing of Complaints Referral of Complaints to Commission Sections 45.7-45.72 (b) the Commissioner shall provide the Commission with a copy of the notice given under subsection 45.61(3) or the report sent under section 45.64. 2013, c. 18, s. 35. Review by Commission 45.71 (1) The Commission shall review every complaint referred to it under section 45.7. Commission satisfied (2) If, after reviewing a complaint, the Commission is satisfied with the Commissioner’s decision or report, the Commission shall prepare and send a report in writing to that effect to the Minister, the Commissioner, the complainant and the member or other person whose conduct is the subject matter of the complaint. Commission not satisfied (3) If, after reviewing a complaint, the Commission is not satisfied with the Commissioner’s decision or report or considers that further inquiry is warranted, the Commission may (a) prepare and send to the Minister and the Commissioner a report in writing setting out any findings it sees fit with respect to the Commissioner’s decision or report and any recommendations it sees fit with respect to the complaint; (b) request that the Commissioner direct the Force to investigate or further investigate the complaint; or (c) investigate or further investigate the complaint or institute a hearing to inquire into the complaint. 2013, c. 18, s. 35. Commissioner’s response 45.72 (1) The Commissioner shall, as soon as feasible after receiving a report referred to in paragraph 45.71(3)(a), provide the Commission and the Minister with a written response indicating any further action that has been or will be taken with respect to the complaint. If the Commissioner decides not to act on any findings or recommendations set out in the report, the Commissioner shall include in the response the reasons for not so acting. Commission’s final report (2) After considering the Commissioner’s response under subsection (1), the Commission shall prepare a final report in writing setting out any findings and recommendations with respect to the complaint that the Commission sees fit and shall send a copy of the report to the Current to June 20, 2022 Last amended on July 12, 2019 Royal Canadian Mounted Police PART VII Investigation, Review and Hearing of Complaints Referral of Complaints to Commission Sections 45.72-45.73 Minister, the Commissioner, the complainant and the member or other person whose conduct is the subject matter of the complaint. If there is an arrangement between the government of a province and the Minister under section 20, the Commission shall also send a copy of the report to the provincial minister who has the primary responsibility for policing in the province in which the conduct complained of occurred. 2013, c. 18, s. 35. Hearings Hearing 45.73 (1) If the Commission decides, under section 45.66 or paragraph 45.71(3)(c), to institute a hearing to inquire into a complaint, the Chairperson shall assign one or more members of the Commission to conduct the hearing and shall send a notice in writing of the decision to the Minister, the Commissioner, the complainant and the member or other person whose conduct is the subject matter of the complaint. Deeming (2) For the purposes of this section, the member or members of the Commission who are conducting the hearing are deemed to be the Commission. Meaning of parties (3) In this section, parties means the officer designated by the Commissioner for the purposes of this Part, the member or other person whose conduct is the subject matter of the complaint and the complainant. Notice (4) The Commission shall serve a notice in writing of the time and place set for the hearing on the parties. Sittings of Commission (5) The Commission may sit at any place in Canada and at any time that may be fixed by the Commission, taking into account the convenience of the parties who wish to appear before the Commission. Hearings in public (6) A hearing to inquire into a complaint shall be held in public but the Commission, on its own initiative or at the request of any party or witness, may order a hearing or any part of a hearing to be held in camera or ex parte if it is of the opinion (a) that information that could reasonably be expected to be injurious to the defence of Canada or any state allied or associated with Canada or the detection, Current to June 20, 2022 Last amended on July 12, 2019 Royal Canadian Mounted Police PART VII Investigation, Review and Hearing of Complaints Hearings Section 45.73 prevention or suppression of subversive or hostile activities will likely be disclosed during the course of the hearing; (b) that information that could reasonably be expected to be injurious to law enforcement will likely be disclosed during the course of the hearing; (c) that information respecting a person’s financial or personal affairs, if that person’s interest or security outweighs the public’s interest in the information, will likely be disclosed during the course of the hearing; (d) that information that could reasonably be expected to reveal privileged information, as defined in subsection 45.4(1), will likely be disclosed during the course of the hearing; or (e) that it is otherwise required by the circumstances of the case. Rights of persons interested (7) The parties and any other person who satisfies the Commission that the person has a substantial and direct interest in a complaint before the Commission shall be allowed an opportunity, in person or by legal counsel, to present evidence, cross-examine witnesses and make representations at the hearing. Representation of witnesses (8) The Commission shall permit any person who gives evidence at a hearing to be represented by legal counsel. Designated officer (9) The officer designated by the Commissioner for the purposes of this Part may be represented or assisted at a hearing by any other person. Privilege (10) If the officer referred to in subsection (9) is represented or assisted by another person, communications passing in confidence between them in relation to the hearing are, for the purposes of this Act, privileged as if they were communications passing in professional confidence between the officer and their legal counsel. Expenses (11) If the Commission sits at a place in Canada that is not the ordinary place of residence of the complainant, of the member or other person whose conduct is the subject matter of the complaint or of the legal counsel of any of those persons, then that person or their legal counsel is Current to June 20, 2022 Last amended on July 12, 2019 Royal Canadian Mounted Police PART VII Investigation, Review and Hearing of Complaints Hearings Sections 45.73-45.75 entitled, at the discretion of the Commission, to receive, in accordance with Treasury Board directives, the travel and living expenses incurred by that person or their legal counsel in appearing before the Commission. 2013, c. 18, ss. 35, 77. Suspension and Joint Proceedings Duty to suspend 45.74 (1) The Commission shall suspend an investigation, review or hearing with respect to a complaint if, in the Commission’s opinion, continuing it would compromise or seriously hinder an ongoing criminal investigation or proceeding. Duty to suspend (2) The Commission shall suspend an investigation, review or hearing with respect to a complaint if it is requested to do so in writing by the Commissioner. The Commissioner may make the request only if, in the Commissioner’s opinion, the investigation, review or hearing would compromise or seriously hinder an ongoing criminal investigation or proceeding, and the Commissioner shall set out the reasons for his or her opinion in the request. Power to suspend (3) The Commission may suspend an investigation, review or hearing with respect to a complaint if, in the Commission’s opinion, continuing it would compromise or seriously hinder an ongoing civil or administrative proceeding. 2013, c. 18, s. 35. Joint investigation, review or hearing 45.75 (1) If a complaint concerns the conduct of a member or other person appointed or employed under Part I and a law enforcement officer of any other jurisdiction, whether in or outside Canada, the Commission may conduct an investigation, review or hearing of that complaint jointly with the authority in that other jurisdiction that is responsible for investigations, reviews or hearings with respect to complaints against law enforcement officers. Regulations (2) The Governor in Council may make regulations respecting investigations, reviews or hearings conducted jointly under subsection (1). 2013, c. 18, s. 35. Current to June 20, 2022 Last amended on July 12, 2019 Royal Canadian Mounted Police PART VII Investigation, Review and Hearing of Complaints Reports Following Investigation or Hearing Sections 45.76-45.78 Reports Following Investigation or Hearing Interim report 45.76 (1) On completion of an investigation or a hearing, the Commission shall prepare and send to the Minister and the Commissioner a report in writing setting out any findings and recommendations with respect to the complaint that the Commission sees fit. Commissioner’s response (2) The Commissioner shall, as soon as feasible, provide the Chairperson and the Minister with a written response indicating any further action that has been or will be taken with respect to the complaint. If the Commissioner decides not to act on any findings or recommendations set out in the report, the Commissioner shall include in the response the reasons for not so acting. Commission’s final report (3) After considering the Commissioner’s response, the Commission shall prepare a final report in writing setting out any findings and recommendations with respect to the complaint that the Commission sees fit and shall send a copy of the report to the Minister, the Commissioner, the complainant and the member or other person whose conduct is the subject matter of the complaint. If there is an arrangement between the government of a province and the Minister under section 20, the Commission shall also send a copy of the report to the provincial minister who has the primary responsibility for policing in the province in which the conduct complained of occurred. 2013, c. 18, s. 35. Final and conclusive 45.77 All of the findings and recommendations that are contained in the Commission’s final report under subsection 45.72(2) or 45.76(3) are final and are not subject to appeal to or review by any court. 2013, c. 18, s. 35. Return of documents and things 45.78 Any document or thing that a person produced to the Force or the Commission shall, on the request of the person, be released to that person within a reasonable time after the completion of the Commission’s final report. 2013, c. 18, s. 35. Current to June 20, 2022 Last amended on July 12, 2019 Royal Canadian Mounted Police PART VII.1 Serious Incidents Section 45.79 PART VII.1 Serious Incidents Definitions 45.79 (1) The following definitions apply in this Part. designated authority, with respect to a province, means the person, body or authority that is designated by the lieutenant governor in council of that province under subsection (2). (autorité désignée) investigative body means a provincial entity, other than a police force, whose authority includes the power to investigate a serious incident for the purpose of determining whether an offence under federal or provincial law has occurred. (organisme d’enquête) serious incident means an incident in which the actions of a member or other person appointed or employed under Part I or any person assisting the Force in exercising its powers or performing its duties and functions under this Act (a) may have resulted in serious injury to, or the death of, any person; or (b) may have constituted an offence under federal or provincial law that any of the following persons decides would be in the public interest to be investigated by an investigative body or by a police force other than the Force: (i) the Minister, (ii) the provincial minister who has the primary responsibility for policing in the province in which the incident is alleged to have occurred if there is an arrangement between the government of that province and the Minister under section 20, or (iii) the Commissioner. (incident grave) serious injury means a prescribed physical or psychological injury. (blessure grave) Designation (2) The lieutenant governor in council of a province may designate any person, body or authority as the designated authority for that province for the purposes of this Part and Part VII.2. Current to June 20, 2022 Last amended on July 12, 2019 Royal Canadian Mounted Police PART VII.1 Serious Incidents Sections 45.79-45.82 Regulations (3) The Governor in Council may, by regulation, prescribe physical or psychological injuries for the purposes of the definition serious injury in subsection (1). 2013, c. 18, ss. 35, 81. Notification 45.8 The Commissioner shall, as soon as feasible, notify the designated authority for a province of a serious incident that is alleged to have occurred in that province. 2013, c. 18, s. 35. Duty to consider investigative body 45.81 (1) If there is an investigative body in the province in which the serious incident is alleged to have occurred, the designated authority for that province shall first consider appointing that investigative body to investigate the serious incident. Appointment of police force (2) If there is no investigative body or, after consideration, the designated authority does not appoint one, the designated authority may appoint a police force to investigate the serious incident. Referral by the Force (3) If the designated authority appoints an investigative body or police force to investigate the serious incident, the Force shall, as soon as feasible, refer the investigation of the serious incident to that investigative body or police force. 2013, c. 18, s. 35. Request to police force 45.82 (1) If there is no designated authority for a province or the designated authority for a province notifies the Force that no investigative body or police force will be appointed to investigate the serious incident, the Force shall, as soon as feasible, request an investigative body or a police force to investigate it having taken into account the available expertise and resources of that investigative body or police force. Investigation by the Force (2) If the investigative body, or the police force that receives the request, notifies the Force that it will not investigate the serious incident and the Force does not consider any other investigative body or police force to be appropriate to receive such a request, the Force shall, as soon as feasible, (a) notify the Commission that it will investigate the serious incident; and Current to June 20, 2022 Last amended on July 12, 2019 Royal Canadian Mounted Police PART VII.1 Serious Incidents Sections 45.82-45.83 (b) investigate the serious incident. Reasonable efforts (3) The Force shall make reasonable efforts under this section to identify an investigative body or police force to investigate the serious incident and shall keep a written record of the efforts made. Report (4) The Commissioner shall provide the Chairperson with a report outlining the efforts made by the Force under subsection (3). 2013, c. 18, s. 35. Observer — investigation by another police force 45.83 (1) If a police force is appointed under subsection 45.81(2) — or accepts, following a request made under subsection 45.82(1) — to investigate a serious incident and no observer is appointed by a designated authority, (a) the Commissioner shall, as soon as feasible, notify the Commission of the serious incident; and (b) the Commission may, with the agreement of the provincial minister who has the primary responsibility for policing in the province in which the incident is alleged to have occurred, appoint an observer to assess the impartiality of the investigation. Observer — Force (2) If the Force investigates a serious incident, the Force shall permit an observer appointed by a designated authority or by the Commission under subsection (3) to assess the impartiality of the investigation. Appointment of observer (3) If the Force investigates a serious incident and no observer is appointed by a designated authority, the Commission may appoint an observer to assess the impartiality of the investigation conducted by the Force. No observer appointed (4) If no observer is appointed to an investigation of a serious incident under subsection (2) or (3), the Commissioner shall provide the Chairperson with a report that sets out all measures that have been or will be taken by the Force to ensure the impartiality of the investigation. Immunity (5) An observer appointed by a designated authority for the purposes of this Part has the same immunity that an Current to June 20, 2022 Last amended on July 12, 2019 Royal Canadian Mounted Police PART VII.1 Serious Incidents Sections 45.83-45.85 observer appointed by the Commission has under subsection 45.5(1). Observers are compellable (6) Despite subsection 45.5(2) but subject to section 45.86, every observer is a compellable witness in every criminal, civil or administrative action or proceeding, or inquiry, in respect of any matter coming to the knowledge of the observer as a result of exercising a power or performing a duty or function under this Part. 2013, c. 18, s. 35. Recommendations 45.84 If an observer has concerns with the impartiality of an investigation, the observer may inform the Force or the other police force, as the case may be, of his or her concerns and may make any recommendations to the Force or the other police force that he or she considers appropriate to address the concerns. 2013, c. 18, s. 35. Report 45.85 (1) The observer shall, in accordance with the regulations, provide a report respecting the impartiality of the investigation of a serious incident to the Chairperson and the Commissioner and, if the investigation was carried out by a police force other than the Force, to the chief of police of that force. Response (2) If the observer’s report identifies concerns with respect to the impartiality of an investigation, the Commissioner or, if the investigation was carried out by a police force other than the Force, the chief of police of that force, shall provide to the Chairperson a written response to the observer’s report that includes a description of what actions have or will be taken by the Force or the police force, as the case may be, to address those concerns. Report on response (3) If the Chairperson is not satisfied with a response of the Commissioner or chief of police, the Chairperson shall issue a report to that effect to the Attorney General for the province in which the incident is alleged to have occurred and to the provincial minister who has the primary responsibility for policing in that province. Copy of report to Minister (4) The Chairperson shall provide a copy of any report issued under subsection (3) to the Minister. 2013, c. 18, s. 35. Current to June 20, 2022 Last amended on July 12, 2019 Royal Canadian Mounted Police PART VII.1 Serious Incidents Sections 45.86-45.88 Information subject to privilege 45.86 Nothing in this Part authorizes a person to disclose to an observer privileged information, as defined in subsection 45.4(1), and an observer shall not use or disclose that information if it is disclosed. 2013, c. 18, s. 35. Regulations 45.87 The Governor in Council may make regulations (a) respecting the criteria and procedures for the appointment of an observer under subsection 45.83(1) or (3); (b) respecting the scope of an observer’s role; (c) respecting an observer’s reporting obligations; (d) respecting the access to, and use of, the notes, reports or other material prepared by an observer in relation to the investigation of a serious incident; (e) prescribing the period within which the Commissioner or chief of police is to provide a response under subsection 45.85(2); and (f) generally for carrying out the purposes and provisions of this Part. 2013, c. 18, s. 35. PART VII.2 Review of Integrated CrossBorder Law Enforcement Operations Interpretation Definitions 45.88 (1) The following definitions apply in this Part. Central Authority means the Central Authority for Canada, as designated under section 5 of the Integrated Cross-border Law Enforcement Operations Act. (autorité centrale) designated authority has the same meaning as in subsection 45.79(1). (autorité désignée) Current to June 20, 2022 Last amended on July 12, 2019 Royal Canadian Mounted Police PART VII.2 Review of Integrated Cross-Border Law Enforcement Operations Interpretation Section 45.88 designated officer has the same meaning as in section 2 of the Integrated Cross-border Law Enforcement Operations Act. (agent désigné) integrated cross-border operation has the same meaning as in section 2 of the Integrated Cross-border Law Enforcement Operations Act. (opération transfrontalière intégrée) investigative body has the same meaning as in subsection 45.79(1). (organisme d’enquête) serious incident means an incident in which the actions of a designated officer, or any person assisting a designated officer, in the performance of any duty or function in the course of an integrated cross-border operation (a) may have resulted in serious injury to, or the death of, any person; or (b) may have constituted an offence under federal or provincial law that any of the following persons decides would be in the public interest to be investigated: (i) the Minister, (ii) the Central Authority, or (iii) the provincial minister who has the primary responsibility for policing in the province in which the incident is alleged to have occurred. (incident grave) serious injury has the same meaning as in subsection 45.79(1). (blessure grave) Clarification — this Part (2) For greater certainty, for the purposes of sections 45.9 to 45.991, when, in any provision that applies in this Part as a result of section 45.9, subsection 45.94(1) or section 45.98, there is a reference to any provision that applies in this Part as a result of section 45.9, subsection 45.94(1) or section 45.98, the reference is to be read as a reference to the provision as modified by section 45.9, subsection 45.94(1) or section 45.98, as the case may be. Clarification — sections 50.2 and 50.3 (3) For greater certainty, a reference in section 50.2 or 50.3 to any provision that applies in this Part as a result of section 45.9 or 45.98 is also to be read as a reference to that provision as modified by section 45.9 or 45.98, as the case may be. 2013, c. 18, s. 78. Current to June 20, 2022 Last amended on July 12, 2019 Royal Canadian Mounted Police PART VII.2 Review of Integrated Cross-Border Law Enforcement Operations Purpose Sections 45.89-45.9 Purpose Purpose 45.89 The purpose of this Part is (a) to set out the role of the Commission in dealing with complaints relating to integrated cross-border operations and in reviewing those operations; and (b) to establish certain requirements with respect to the investigation of serious incidents related to integrated cross-border operations. 2013, c. 18, s. 78. Application of Sections 45.34 to 45.51 Application of certain provisions 45.9 Sections 45.34 to 45.51, other than subsection 45.34(5) and section 45.35, apply in this Part, with the following modifications and the modifications that the circumstances require: (a) a reference to this Act or the Witness Protection Program Act in subsection 45.34(1) and paragraph 45.47(2)(c) is to be read as a reference to the Integrated Cross-border Law Enforcement Operations Act; (b) a reference to the Commissioner, other than in subsection 45.4(5), is to be read as a reference to the Central Authority; (c) a reference to the Commissioner in subsection 45.4(5) is to be read as a reference to the Commissioner acting as the Central Authority; (d) a reference to the activities of the Force in subsection 45.34(1) is to be read as a reference to integrated cross-border operations; (e) a reference to the operation of the Force in subsections 45.34(1) and (4) is to be read as a reference to integrated cross-border operations; (f) a reference to section 45.35 in subsections 45.36(1) and 45.4(2) is to be read as a reference to section 45.92; (g) a reference to the Force in subsections 45.39(1) and 45.4(2), the portion of subsection 45.42(1) before paragraph (a), subsection 45.44(2) and the portion of subsection 45.46(1) before paragraph (a) is to be read as a reference to the Force, the Central Authority or a designated officer who was appointed under subsection 7(1) of the Integrated Cross-border Law Enforcement Operations Act; Current to June 20, 2022 Last amended on July 12, 2019 Royal Canadian Mounted Police PART VII.2 Review of Integrated Cross-Border Law Enforcement Operations Application of Sections 45.34 to 45.51 Sections 45.9-45.92 (h) a reference to the Force in subsection 45.41(8) and paragraphs 45.42(1)(c) and (d) and 45.46(1)(c) is to be read as a reference to the Central Authority; (i) a reference to Parts VI and VII in subsection 45.39(1) is to be read as a reference to sections 45.91 to 45.93, subsection 45.94(2), sections 45.95 to 45.97 and the provisions that apply in Part VII.2 as a result of section 45.9 and subsection 45.94(1); (j) a reference to a member or other person appointed or employed under the authority of Part I in paragraphs 45.4(1)(f) and 45.42(1)(a) and (c) is to be read as a reference to a designated officer who was appointed under paragraph 7(1)(a) of the Integrated Crossborder Law Enforcement Operations Act; (k) a reference to a meeting held or to be held between the Commission and the Force in paragraph 45.42(1)(e) is to be read as a reference to a meeting held or to be held with the Commission; (l) a reference to Part VII in subsection 45.4(2) is to be read as a reference to sections 45.91 to 45.93, subsection 45.94(2), sections 45.95 to 45.97 and the provisions that apply in Part VII.2 as a result of section 45.9 and subsection 45.94(1); and (m) the reference to section 45.52 in paragraph 45.47(2)(b) is to be read as a reference to section 45.93. 2013, c. 18, s. 78. Reporting Copy of report to provincial ministers 45.91 The Commission may provide a copy of any report referred to in section 45.34 that is prepared under this Part to the provincial minister who has the primary responsibility for policing in any province in which integrated cross-border operations may be carried out. 2013, c. 18, s. 78. Review for province 45.92 (1) The provincial minister who has the primary responsibility for policing in a province may ask the Minister to request that the Commission conduct a review of specified integrated cross-border operations carried out in that province. Report (2) If the Commission conducts a review under this section, it shall provide the Minister, the provincial minister who asked for it and the Central Authority with a report on the review. The Commission may provide a copy of Current to June 20, 2022 Last amended on July 12, 2019 Royal Canadian Mounted Police PART VII.2 Review of Integrated Cross-Border Law Enforcement Operations Reporting Sections 45.92-45.94 the report to any other provincial minister who has the primary responsibility for policing in a province. Findings and recommendations (3) The Commission shall include in its report any findings and recommendations that the Commission sees fit regarding (a) whether the integrated cross-border operations are carried out in accordance with the Integrated Cross-border Law Enforcement Operations Act, any regulations or ministerial directions made under that Act or any policy, procedure or guideline relating to those operations; and (b) the adequacy, appropriateness, sufficiency or clarity of any policy, procedure or guideline relating to those operations. 2013, c. 18, s. 78. Annual report — provinces 45.93 (1) The Commission shall, for each fiscal year, if a complaint has been made or disposed of in that fiscal year under this Part in respect of integrated cross-border operations carried out in a province, submit to the provincial minister who has the primary responsibility for policing in that province a report setting out the number and nature of complaints relating to conduct that occurred in that province, how those complaints were disposed of, if applicable, and identifying trends, if any. The Commission shall submit a copy of that report to the Minister and the Commissioner. Performance in relation to time limits (2) Every report must contain information respecting the Commission’s performance in relation to the service standards established under section 45.37. 2013, c. 18, s. 78. Investigation, Review and Hearing of Complaints Application of certain provisions 45.94 (1) Sections 45.53 to 45.78, other than subsection 45.57(2) and sections 45.62 and 45.75, apply in this Part with the following modifications and the modifications that the circumstances require: (a) a reference to the Commissioner is to be read as a reference to the Central Authority; Current to June 20, 2022 Last amended on July 12, 2019 Royal Canadian Mounted Police PART VII.2 Review of Integrated Cross-Border Law Enforcement Operations Investigation, Review and Hearing of Complaints Section 45.94 (b) a reference to a member or other person whose conduct is the subject matter of the complaint is to be read as a reference to a designated officer whose conduct is the subject matter of the complaint; (c) a reference to a member or other person appointed or employed under Part I, other than in paragraph 45.53(8)(b), is to be read as a reference to a designated officer; (d) a reference to Part IV in subsection 45.53(3) is to be read as a reference to Part IV or to the law of a province, of the United States or of a state of the United States that is comparable to Part IV; (e) a reference to the Force, other than in subsection 45.53(11), section 45.6, subsections 45.61(1) to (3), paragraph 45.71(3)(b) and section 45.78, is to be read as a reference to the Central Authority; (f) a reference to the Force in section 45.6, subsections 45.61(1) to (3) and paragraph 45.71(3)(b) is to be read as a reference to the person or persons designated by the Central Authority to deal with a complaint; (g) a reference to the Force in subsection 45.53(11) and section 45.78 is to be read as a reference to the Central Authority and to the person or persons designated by the Central Authority to deal with a complaint; (h) a reference to a member or other person in subsection 45.57(1) or to a member in subsection 45.65(6) is to be read as a reference to a designated officer; and (i) a reference to this Act or the Witness Protection Program Act in subsections 45.53(1) and 45.59(1) is to be read as a reference to the Integrated Cross-border Law Enforcement Operations Act. Disclosure and use for disciplinary purposes (2) Representations referred to in subsection 45.57(1), including any personal information contained in them, that are received by the Commission under this Part in relation to the complaint shall be disclosed as soon as feasible to the Central Authority. The Central Authority may share those representations with the following persons, but only for the purpose of any disciplinary action that may be taken against the designated officer whose conduct is the subject matter of the complaint: (a) any person who the Central Authority considers to be an appropriate person to take that disciplinary action, if that designated officer was appointed under subsection 7(1) of the Integrated Cross-border Law Enforcement Operations Act; or Current to June 20, 2022 Last amended on July 12, 2019 Royal Canadian Mounted Police PART VII.2 Review of Integrated Cross-Border Law Enforcement Operations Investigation, Review and Hearing of Complaints Sections 45.94-45.98 (b) the person designated as the Central Authority for the United States for the purpose of implementing the Agreement as defined in section 2 of that Act, if that designated officer was appointed under subsection 8(1) of that Act. 2013, c. 18, s. 78. Joint investigations, etc. 45.95 (1) If a complaint concerns the conduct of a designated officer, the Commission may conduct an investigation, review or hearing of that complaint jointly with an authority that is responsible for investigations, reviews or hearings with respect to complaints from the public against law enforcement officers in any relevant jurisdiction, whether in or outside Canada. Regulations (2) The Governor in Council may make regulations respecting investigations, reviews or hearings conducted jointly under subsection (1). 2013, c. 18, s. 78. Rules 45.96 The Central Authority may make rules respecting the procedures to be followed by the Central Authority, or by any person or persons designated by the Central Authority to deal with a complaint, in investigating, disposing of or otherwise dealing with complaints made under this Part. 2013, c. 18, s. 78. Final reports 45.97 The Chairperson of the Commission shall send any report referred to in subsection 45.72(2) or 45.76(3) that is prepared under this Part to the provincial minister who has the primary responsibility for policing in any province in which the integrated cross-border operation was carried out. 2013, c. 18, s. 78. Serious Incidents Application of certain provisions 45.98 Sections 45.8 to 45.87 apply in this Part, with a modification in section 45.8 to read the reference to the Commissioner as a reference to the Central Authority, and with the modifications that the circumstances require. 2013, c. 18, s. 78. Current to June 20, 2022 Last amended on July 12, 2019 Royal Canadian Mounted Police PART VII.2 Review of Integrated Cross-Border Law Enforcement Operations Serious Incidents Sections 45.99-46 Notification 45.99 When the Central Authority notifies a designated authority under section 45.8 of a serious incident, the Central Authority shall also notify the Commissioner of it. 2013, c. 18, s. 78. Notification — investigative body 45.991 (1) If an investigation is commenced in respect of a serious incident, the Commissioner shall, as soon as feasible after that commencement, advise the Central Authority of the investigative body or the police force responsible for the investigation. Notification — observer (2) If the Commissioner becomes aware that an observer has been appointed by a designated authority or the Commission to assess the impartiality of an investigation of a serious incident, the Commissioner shall, as soon as feasible after becoming aware of it, advise the Central Authority of the appointment. Notification — recommendations, etc. (3) The Commissioner shall send to the Central Authority, as soon as feasible, (a) any recommendations referred to in section 45.84 that the Force receives from an observer under this Part; (b) any report referred to in subsection 45.85(1) that is provided to the Commissioner by an observer under this Part; and (c) any response referred to in subsection 45.85(2) that the Commissioner provides under this Part. 2013, c. 18, s. 78. PART VIII General Miscellaneous Provisions having General Application Definition of board 46 (1) In this section and sections 47 to 47.3, board means (a) a board of inquiry appointed under section 24.1; Current to June 20, 2022 Last amended on July 12, 2019 Royal Canadian Mounted Police PART VIII General Miscellaneous Provisions having General Application Sections 46-47.01 (b) a conduct board appointed under section 43 or 44; and (c) the Committee, except for the purposes of subsection (4). Definition of board — sections 47.1 to 47.3 (1.1) In sections 47.1 to 47.3, board includes the Commission. Proceedings (2) All proceedings before a board shall be dealt with by the board as informally and expeditiously as the circumstances and considerations of fairness permit. Witness fees (3) Any person, other than a member, summoned to attend at any proceeding before a board is entitled, in the discretion of the board, to receive the like fees and allowances for so attending as if summoned to attend before the Federal Court. Rules (4) Subject to subsection (5), the Commissioner may make rules governing the proceedings, practice and procedure before a board, other than the Commission, and the performance of the duties and functions of a board, other than the Commission, under this Act. Idem (5) The Minister may make rules governing the proceedings, practice and procedure before a board of inquiry appointed by the Minister under section 24.1 and the performance of the duties and functions of such a board under this Act or the Minister may adopt as such rules the rules or any part of the rules made under subsection (4). R.S., 1985, c. R-10, s. 46; R.S., 1985, c. 8 (2nd Supp.), s. 18; 2013, c. 18, ss. 36, 77. Immunity 47 No criminal or civil proceedings lie against any person for anything done, reported or said in good faith in any proceedings before a board. R.S., 1985, c. R-10, s. 47; R.S., 1985, c. 8 (2nd Supp.), s. 18. Immunity 47.01 No criminal, civil or administrative action or proceeding lies against a conduct authority, or any person appointed as a member of a conduct board, for anything done, reported or said in good faith in the course of the Current to June 20, 2022 Last amended on July 12, 2019 Royal Canadian Mounted Police PART VIII General Miscellaneous Provisions having General Application Sections 47.01-47.3 exercise or performance or purported exercise or performance of any power, duty or function under Part IV. 2013, c. 18, s. 37. Representation 47.1 (1) Subject to any rules made under subsection (3) a member or a conduct authority may be represented or assisted by any person in any (a) presentation of a grievance under Part III; (b) proceeding before a board; or (c) appeal under subsection 45.11(1) or (3). Privilege (2) If a member or conduct authority is represented or assisted by another person, communications passing in confidence between them in relation to the grievance, proceeding or appeal are, for the purposes of this Act, privileged as if they were communications passing in professional confidence between the member or the conduct authority and their legal counsel. Rules (3) The Commissioner may make rules prescribing (a) the persons or classes of person who may not represent or assist a member or conduct authority; and (b) the circumstances in which a person may not represent or assist a member or conduct authority. R.S., 1985, c. 8 (2nd Supp.), s. 18; 2013, c. 18, s. 37. 47.2 [Repealed, 2013, c. 18, s. 37] Legal proceedings 47.3 Section 16 of the Canada Evidence Act applies in respect of any proceedings before a board as though (a) the proceeding were a legal proceeding; and (b) the board were a judge, justice or other presiding officer. R.S., 1985, c. 8 (2nd Supp.), s. 18. Current to June 20, 2022 Last amended on July 12, 2019 Royal Canadian Mounted Police PART VIII General Miscellaneous Provisions having General Application Sections 47.4-49 Extensions of time limitations 47.4 (1) If the Commissioner is satisfied that the circumstances justify an extension, the Commissioner may, on motion by the Commissioner or on application, and after giving due notice to any member affected by the extension, extend the time limited by any of subsections 31(2), 41(2), 42(2) and 44(1), for the doing of any act described in that subsection and specify terms and conditions in connection with the extension. Exception (1.1) The notice shall not be given if, in the Commissioner’s opinion, giving it might compromise or hinder any investigation of an offence under an Act of Parliament. Reference to time (2) Where a time is extended under this section, any reference in this Act to the time shall be construed as a reference to the time as so extended. R.S., 1985, c. 8 (2nd Supp.), s. 18; 2013, c. 18, s. 38. Evidence not admissible 47.5 No evidence that a conduct measure has been imposed under Part IV against a member shall be used or receivable against the member in any criminal proceedings. R.S., 1985, c. 8 (2nd Supp.), s. 18; 2013, c. 18, s. 39. Offences Bribes, etc. 48 (1) Every person who (a) [Repealed, R.S., 1985, c. 8 (2nd Supp.), s. 19] (b) makes any agreement with any member to induce the member in any way to forego the member’s duty, or (c) concerts or connives at any act whereby any rule, order or regulation made under Part I may be evaded, is guilty of an offence punishable on summary conviction. (2) [Repealed, R.S., 1985, c. 8 (2nd Supp.), s. 19] R.S., 1985, c. R-10, s. 48; R.S., 1985, c. 8 (2nd Supp.), ss. 19, 24(E). Unlawful use of name of Force 49 (1) Every person is guilty of an offence punishable on summary conviction who, without the authority of the Commissioner, uses Current to June 20, 2022 Last amended on July 12, 2019 Royal Canadian Mounted Police PART VIII General Offences Sections 49-50 (a) the name of the Force or any abbreviation thereof or any words or letters likely to be mistaken therefor, (b) any picture or other representation of a member of the Force, or (c) any mark, badge or insignia of the Force, as all or any part of the name of any corporation, company, partnership or unincorporated association, in any advertising, for any business or trade purpose, or in such a way as to represent or imply that the Force uses or approves or endorses the use of any goods or services. Personation of former member (2) Every person not being a former member who, without the authority of the Commissioner, uses any clothing, equipment, badge, medal, ribbon, document or other thing in such a manner as to lead to a reasonable belief that the person was a member of the Force is guilty of an offence punishable on summary conviction. Consent to prosecution (3) No proceedings in respect of an offence under this section shall be instituted without the consent of the Minister. R.S., 1985, c. R-10, s. 49; R.S., 1985, c. 8 (2nd Supp.), s. 20. Attendance of witnesses, etc. 50 (1) Every person commits an offence punishable on summary conviction who (a) on being duly summoned as a witness or otherwise under this Act, makes default in attending; (b) being in attendance as a witness in any proceeding under this Act, (i) refuses to take an oath or solemn affirmation required of that person, (ii) refuses to produce any document or thing under that person’s control or in that person’s possession and required to be produced by that person, or (iii) refuses to answer any question; (c) at any proceeding under this Act uses insulting or threatening language or causes any interference or disturbance; (d) without lawful justification or excuse, prints observations or uses words in relation to an ongoing Current to June 20, 2022 Last amended on July 12, 2019 Royal Canadian Mounted Police PART VIII General Offences Sections 50-50.1 criminal, civil or administrative action or proceeding with intent (i) to injure the reputation of a member of a board of inquiry under Part I, the Committee under Part III, IV or V, an adjudication board under Part IV, a discharge and demotion board under Part V or the Commission under Part VII or VII.2 or a witness before any of those entities by exposing that member or witness to contempt, insult or ridicule, or (ii) to dissuade a witness in any proceedings before an entity referred to in subparagraph (i) from testifying; or (e) fails to comply with an order made under subsection 45.1(7). Exception (1.1) Paragraph (1)(a) and subparagraphs (1)(b)(ii) and (iii) do not apply to a designated officer as defined in subsection 45.88(1) who was appointed under subsection 8(1) of the Integrated Cross-border Law Enforcement Operations Act. Punishment (2) Every person who is convicted of an offence under subsection (1) is liable to a fine of not more than $5,000 or to imprisonment for a term of not more than six months or to both. R.S., 1985, c. R-10, s. 50; R.S., 1985, c. 8 (2nd Supp.), s. 21; 2013, c. 18, ss. 40, 77, 78, 83, 84. Offences — harassment, obstruction, destroying documents etc. 50.1 (1) No person shall (a) harass, intimidate or threaten any person with the intent to compel that other person to abstain from making a complaint under Part VII or VII.2; (b) harass, intimidate or threaten (i) an individual who makes a complaint under Part VII or VII.2, (ii) an individual at whom the conduct that is the subject of a complaint made under any of those Parts was directed, (iii) a person whom the person has reasonable grounds to believe will be questioned or summoned by the Commission when it deals with a complaint made under any of those Parts, or Current to June 20, 2022 Last amended on July 12, 2019 Royal Canadian Mounted Police PART VIII General Offences Sections 50.1-50.2 (iv) a person who is carrying out any power, duty or function under any of Parts VI to VII.2; (c) wilfully obstruct a person who is carrying out any power, duty or function under any of Parts VI to VII.2, or knowingly make any false or misleading statement or knowingly provide false or misleading information to that person; (d) destroy, mutilate, alter, falsify or conceal a document or thing, or make a false document or thing, knowing that the document or thing is likely to be relevant to an investigation of, or hearing to inquire into, a complaint made under Part VII or VII.2 or to a review under any of those Parts; or (e) direct, counsel or cause, in any manner, any person to do anything mentioned in any of paragraphs (a) to (d), or propose, in any manner, to any person that they do anything mentioned in any of those paragraphs. Punishment (2) Every person who contravenes subsection (1) commits an offence and is guilty of (a) an indictable offence and liable to imprisonment for a term of not more than five years; or (b) an offence punishable on summary conviction and liable to a fine of not more than $5,000 or to imprisonment for a term of not more than six months, or to both. 2012, c. 19, s. 370; 2013, c. 18, ss. 40, 77, 83, 84. Offence — failure to comply 50.2 (1) Every person who fails to comply with subsection 45.44(2) or (6) or 45.46(4) is guilty of an offence punishable on summary conviction and liable to a fine of not more than $5,000 or to imprisonment for a term of not more than six months, or to both. Defence (2) No person who establishes that they exercised all due diligence to prevent the commission of an offence under subsection (1) may be convicted of that offence. 2013, c. 18, ss. 40, 77. Current to June 20, 2022 Last amended on July 12, 2019 Royal Canadian Mounted Police PART VIII General Offences Sections 50.3-53 Offence to disclose certain information 50.3 Every person who contravenes subsection 45.47(1) or section 45.48 or 45.86 is guilty of (a) an indictable offence and liable to imprisonment for a term of not more than five years; or (b) an offence punishable on summary conviction and liable to a fine of not more than $5,000 or to imprisonment for a term of not more than six months, or to both. 2013, c. 18, ss. 40, 77. Punishment 51 Every person who is convicted of an offence under this Part, except under sections 50 to 50.3, is liable to a fine of not more than $500 or to imprisonment for a term of not more than six months or to both. R.S., 1985, c. R-10, s. 51; 2013, c. 18, ss. 40, 77. Limitation period 52 Summary conviction proceedings in respect of an offence under this Part may be instituted at any time within but not later than two years after the time when the subject matter of the proceedings arose. R.S., 1985, c. R-10, s. 52; 2013, c. 18, ss. 40, 77. 53 [Repealed, R.S., 1985, c. 8 (2nd Supp.), s. 22] Current to June 20, 2022 Last amended on July 12, 2019 Royal Canadian Mounted Police SCHEDULE SCHEDULE (Section 14) Oath of Office I, .............. , solemnly swear that I will faithfully, diligently and impartially execute and perform the duties required of me as a member of the Royal Canadian Mounted Police, and will well and truly obey and perform all lawful orders and instructions that I receive as such, without fear, favour or affection of or toward any person. So help me God. Oath of Secrecy I, .............. , solemnly swear that I will not disclose or make known to any person not legally entitled thereto any knowledge or information obtained by me in the course of my employment with the Royal Canadian Mounted Police. So help me God. R.S., 1985, c. 8 (2nd Supp.), s. 23. Current to June 20, 2022 Last amended on July 12, 2019 Royal Canadian Mounted Police RELATED PROVISIONS RELATED PROVISIONS — R. S. , 1985, c. 8 (2nd Supp. ), s. 25 Transfer of Funds 25 The amount standing to the credit of the fund established by section 45 of the said Act immediately before the commencement of this Act shall be credited to the Benefit Trust Fund referred to in section 23 of the said Act as amended by this Act and shall be used in the manner and for the purposes established by or pursuant to section 23 as so amended. — 2013, c. 18, s. 67 Officers 67 Every person who was an officer of the Royal Canadian Mounted Police immediately before the coming into force of section 5, other than the Commissioner or a Deputy Commissioner of the Royal Canadian Mounted Police, is deemed to have been appointed as an officer by the Commissioner of the Royal Canadian Mounted Police. — 2013, c. 18, s. 68 Grievances 68 The provisions of Part III of the Royal Canadian Mounted Police Act, and any rules and regulations made under that Act, as they read immediately before the coming into force of sections 20 to 25, continue to apply in respect of any grievance presented under that Part before that coming into force. — 2013, c. 18, s. 69 Informal disciplinary action 69 (1) If informal disciplinary action has been taken under section 41 of the Royal Canadian Mounted Police Act before the coming into force of section 29, sections 41 and 42 of the Royal Canadian Mounted Police Act, and any rules and regulations made under that Act, as they read before that coming into force, continue to apply in respect an appeal of that action. Clarification (2) Subsection (1) applies even if the person who is subject of the informal disciplinary action has ceased to be a member by reason of subsection 86(2). Current to June 20, 2022 Last amended on July 12, 2019 Royal Canadian Mounted Police RELATED PROVISIONS — 2013, c. 18, s. 70 Formal disciplinary action 70 (1) A hearing initiated under subsection 43(1) of the Royal Canadian Mounted Police Act before the coming into force of section 29 may be continued as though that section had not come into force and the provisions of that Act, as they read immediately before that coming into force, continue to apply in respect of any decision made in respect of the matter to which the hearing relates, including any appeal of that decision, except that paragraphs 45.12(3)(a) to (c) are to be read as follows: (a) recommendation for dismissal from the Force, if the member is a Deputy Commissioner, or dismissal from the Force, if the member is not a Deputy Commissioner; (b) direction to resign from the Force and, in default of resigning within 14 days after being directed to do so, recommendation for dismissal from the Force, if the member is a Deputy Commissioner, or dismissal from the Force, if the member is not a Deputy Commissioner; (c) demotion if the member is not a Deputy Commissioner; or Application of rules and regulations (2) Rules and regulations made under the Royal Canadian Mounted Police Act, as they read immediately before the coming into force of section 29, continue to apply in respect of any decision made in respect of the matter to which a hearing referred to in subsection (1) relates, including any appeal of that decision. Suspension (3) If, before the coming into force of section 29, a hearing was initiated under subsection 43(1) of the Royal Canadian Mounted Police Act in respect of a member of the Royal Canadian Mounted Police who was suspended under section 12.1 of that Act, the member continues to be suspended. Application of Act and rules and regulations (4) The provisions of the Royal Canadian Mounted Police Act, and any rules and regulations made under it, as they read immediately before the coming into force of section 29, continue to apply in respect of any suspension to which subsection (3) applies. Current to June 20, 2022 Last amended on July 12, 2019 Royal Canadian Mounted Police RELATED PROVISIONS Clarification (5) Subsections (1) to (4) apply even if the person who is alleged to have committed the contravention to which the hearing relates has ceased to be a member by reason of subsection 86(2). — 2013, c. 18, s. 71 Application of subsection 40(1) 71 (1) Subsection 40(1) of the Royal Canadian Mounted Police Act, as enacted by section 29, also applies in respect of a contravention of a provision of the Code of Conduct committed or alleged to have been committed before the coming into force of that section 29 unless (a) informal disciplinary action has been taken under section 41 of that Act in respect of the contravention before that coming into force; or (b) a hearing has been initiated under subsection 43(1) of that Act in respect of the contravention before that coming into force. Clarification (2) Subsection (1) applies even if the person who committed or is alleged to have committed the contravention has ceased to be a member by reason of subsection 86(2). — 2013, c. 18, s. 72 Discharge on grounds of unsuitability 72 (1) No decision is to be made after the coming into force of section 33 in respect of a notice served under subsection 45.19(1) of the Royal Canadian Mounted Police Act before that coming into force. Application of existing provisions (2) If a decision under section 45.23 of the Royal Canadian Mounted Police Act was made before the coming into force of section 33, the provisions of the Royal Canadian Mounted Police Act, and any rules and regulations made under that Act, as they read immediately before that coming into force, continue to apply in respect of that decision and any appeal of that decision, except that subsection 45.26(2) of the Royal Canadian Mounted Police Act is to be read as follows: Decision on appeal (2) The Commissioner may dispose of an appeal under section 45.24 by (a) dismissing the appeal and confirming the decision being appealed; or Current to June 20, 2022 Last amended on July 12, 2019 Royal Canadian Mounted Police RELATED PROVISIONS (b) allowing the appeal and either ordering a new review of the case by a discharge and demotion board or making the finding that, in the Commissioner’s opinion, the discharge and demotion board should have made. — 2013, c. 18, s. 73 Administrative discharge 73 (1) No decision is to be made after the coming into force of section 13 in respect of a notice served under subsection 20(1) of the Royal Canadian Mounted Police Regulations, 1988 before the coming into force of that section 13. Application of rules and regulations (2) If a decision under subsection 20(9) or section 21 of the Royal Canadian Mounted Police Regulations, 1988 was made before the coming into force of section 13, the provisions of the Royal Canadian Mounted Police Act, and any rules and regulations made under that Act, as they read immediately before that coming into force, continue to apply in respect of that decision and any grievance in respect of, or appeal of, that decision. Clarification (3) Subsection (2) applies even if the person to whom the decision relates has ceased to be a member by reason of subsection 86(2). — 2013, c. 18, s. 74 Voluntary resignation 74 The voluntary resignation of any member of the Royal Canadian Mounted Police that had not been accepted before the coming into force of section 10 may be accepted by the Commissioner of the Royal Canadian Mounted Police or any person designated by the Commissioner and, if it is accepted, the resignation of the member is final and irrevocable on that acceptance. — 2013, c. 18, s. 75 Discharge of deceased member 75 A member of the Royal Canadian Mounted Police who died before the coming into force of section 11 and who had not been discharged from the Royal Canadian Mounted Police before that coming into force is deemed to have been so discharged immediately before that coming into force. Current to June 20, 2022 Last amended on July 12, 2019 Royal Canadian Mounted Police RELATED PROVISIONS — 2013, c. 18, s. 76 Definitions 76 (1) The following definitions apply in this section. former commission means the Royal Canadian Mounted Police Public Complaints Commission established by subsection 45.29(1) of the Royal Canadian Mounted Police Act, as it read immediately before the coming into force of section 35. (ancienne commission) new commission means the Civilian Review and Complaints Commission for the Royal Canadian Mounted Police established by subsection 45.29(1) of the Royal Canadian Mounted Police Act, as enacted by section 35. (nouvelle commission) Members of former commission (2) All persons who hold office as Chairman, Vice-Chairman or member of the former commission immediately before the coming into force of section 35 cease to hold office on the day on which that section comes into force. Employees (3) Nothing in this Act is to be construed as affecting the status of an employee who, immediately before the coming into force of this section, occupied a position in the former commission, except that the employee shall, on that coming into force, occupy his or her position in the new commission. Definition of employee (4) In subsection (3), employee has the same meaning as in subsection 2(1) of the Public Service Employment Act. Transfer of appropriations (5) Any amount appropriated, for the fiscal year in which this section comes into force, by an appropriation Act based on the Estimates for that year for defraying the charges and expenses of the former commission that, on that coming force, is unexpended is deemed, on that coming into force, to be an amount appropriated for defraying the charges and expenses of the new commission. Rights and obligations transferred (6) All rights and property held by or in the name of or in trust for the former commission and all obligations and liabilities of the former commission are deemed to be rights, property, obligations and liabilities of the new Commission. Current to June 20, 2022 Last amended on July 12, 2019 Royal Canadian Mounted Police RELATED PROVISIONS References (7) Every reference to the former commission in a deed, contract or other document executed by the former commission in its own name is to be read as a reference to the new commission, unless the context requires otherwise. Continuation of proceedings (8) Any action, suit or other legal or administrative proceeding to which the former commission is a party that is pending on the coming into force of this section may be continued by or against the new commission in a similar manner and to the same extent as it would have been continued by or against the former commission. Complaints under section 45.35 or 45.37 (9) Any complaint made under 45.35 or 45.37 of the Royal Canadian Mounted Police Act that has not been disposed of or resolved by the former commission before the coming into force of section 35 may be disposed of or resolved by the new commission in accordance with the provisions of Part VII of that Act, as enacted by that section 35. Complaints under section 45.49 (10) If Bill C-38, introduced in the 1st session of the 41st Parliament and entitled the Jobs, Growth and Longterm Prosperity Act (in this subsection referred to as the “other Act”) receives royal assent and section 369 of the other Act comes into force before section 35 of this Act, any complaint made under section 45.49 of the Royal Canadian Mounted Police Act that has not been disposed of or resolved by the former commission before the coming into force of that section 35 may be disposed of or resolved by the new commission in accordance with the provisions of Part VII.2 of the Royal Canadian Mounted Police Act. — 2013, c. 18, s. 86 Publication of date 86 (1) The Treasury Board may publish in the Canada Gazette a date on which every member, as defined in subsection 2(1) of the Royal Canadian Mounted Police Act, as that definition reads on that date, who does not form part of any category determined under section 20.1 of that Act is deemed, as of that date, to be a person appointed under the Public Service Employment Act. Effect of publication (2) Every person who is a member, as defined in subsection 2(1) of the Royal Canadian Mounted Police Act, who does not form part of any category determined under section 20.1 of that Act ceases to be a member, as defined in that subsection 2(1), on the date published in the Canada Gazette under subsection (1). Current to June 20, 2022 Last amended on July 12, 2019 Royal Canadian Mounted Police RELATED PROVISIONS Person not on probation (3) Section 61 of the Public Service Employment Act does not apply to a person to whom subsection (2) applies if the person was not on probation under the Royal Canadian Mounted Police Act immediately before the date published in the Canada Gazette under subsection (1). Person on probation (4) Section 61 of the Public Service Employment Act applies to a person to whom subsection (2) applies if the person was on probation under the Royal Canadian Mounted Police Act immediately before the date published in the Canada Gazette under subsection (1), except that time the person is on probation under that section 61 is the time the person would be on probation under that section less any amount of time the person was on probation under the Royal Canadian Mounted Police Act immediately before that date. — 2017, c. 9, s. 61 Definitions 61 (1) The following definitions apply in this section and sections 62 to 64. former Act means the Public Service Labour Relations Act, as it read immediately before the coming into force of section 2. (ancienne loi) member has the same meaning as in subsection 2(1) of the Royal Canadian Mounted Police Act. (membre) reservist means a person who is appointed as a reservist under regulations made under subsection 11(1) of the Royal Canadian Mounted Police Act. (réserviste) Same meaning (2) Unless the context requires otherwise, words and expressions used in sections 62 to 64 have the same meaning as in subsection 2(1) of the former Act. — 2017, c. 9, s. 62 Individual grievances 62 (1) Any individual grievance presented by a member under subsection 208(1) of the former Act, before the day on which section 238.24 of the Federal Public Sector Labour Relations Act, as enacted by section 33, comes into force, that is not related to the interpretation or application, in respect of the member, of a provision of a collective agreement or arbitral award, is deemed never to have been presented, and any decision made in respect of such a grievance or any decision made on a review of the decision is deemed never to have had effect. Current to June 20, 2022 Last amended on July 12, 2019 Royal Canadian Mounted Police RELATED PROVISIONS Extension of limitation period (2) For the purpose of presenting a grievance or taking any other process of redress under the Royal Canadian Mounted Police Act, and despite any provision of that Act, if an individual grievance has been deemed under subsection (1) never to have been presented, or if any decision on such a grievance has been deemed under that subsection never to have had effect, the member who presented the individual grievance has, if the subject matter of the grievance or other redress is the same as the subject matter of the individual grievance, 30 days from the day on which section 33 comes into force to present that grievance or to take that other process of redress. Limitation (3) Subsection (2) applies only in the case of an individual grievance that, if it had been presented under the Royal Canadian Mounted Police Act or if another process of redress under that Act had been taken, would have been presented within the time established under that Act to present the grievance or take the other process of redress. — 2017, c. 9, s. 63 Existing applications for certification 63 (1) If, before the day on which section 238.13 of the Federal Public Sector Labour Relations Act, as enacted by section 33, comes into force, an employee organization makes an application under section 54 of the former Act to be certified as bargaining agent for a group of employees that includes employees who are members appointed to a rank, or employees who are reservists, the employee organization must not be certified as bargaining agent for the group, unless (a) the group consists exclusively of all the employees who are members appointed to a rank, other than officers as defined in subsection 2(1) of the Royal Canadian Mounted Police Act, and all the employees who are reservists; and (b) the employee organization — and, in the case of a council of employee organizations, each employee organization forming the council — meets the following requirements: (i) it has as its primary mandate the representation of employees who are members appointed to a rank, other than officers as defined in subsection 2(1) of the Royal Canadian Mounted Police Act, (ii) it is not affiliated with a bargaining agent or other association that does not have as its primary mandate the representation of police officers, and Current to June 20, 2022 Last amended on July 12, 2019 Royal Canadian Mounted Police RELATED PROVISIONS (iii) it is not certified as the bargaining agent for any other group of employees. Clarification (2) For greater certainty, for the purposes of subsection (1), participation by an employee organization in the National Joint Council is not considered to be an affiliation with a bargaining agent or other association that does not have as its primary mandate the representation of police officers. Certification of no effect (3) If an employee organization is certified as the bargaining agent for a bargaining unit contrary to subsection (1), that decision or any decision made on a review of the decision is deemed never to have had effect. Certification in respect of any other group (4) If, before the day on which section 33 comes into force, an employee organization that meets the requirements set out in paragraph (1)(b) is certified as the bargaining agent for the group described in paragraph (1)(a), any decision made before that day in respect of an application made by that employee organization to be certified as bargaining agent for any other group of employees is deemed never to have had effect. Existing application for certification (5) If, before the day on which section 33 comes into force, an employee organization that meets the requirements set out in paragraph (1)(b) is certified as the bargaining agent for the bargaining unit composed of the group described in paragraph (1)(a), on that day, the employee organization’s application for certification made under section 54 of the former Act is deemed to have been an application for certification made under subsection 238.13(1) of the Federal Public Sector Labour Relations Act, as enacted by section 33, instead of under that section 54, and that bargaining unit is deemed to have been determined under section 238.14 of the Federal Public Sector Labour Relations Act. Existing application for certification (6) If, on or after the day on which section 33 comes into force, an employee organization that meets the requirements set out in paragraph (1)(b) is certified as the bargaining agent for the bargaining unit composed of the group described in paragraph (1)(a), and the employee organization made the application for certification under section 54 of the former Act, on being so certified the employee organization’s application for certification is deemed to have been an application for certification made under subsection 238.13(1) of the Federal Public Sector Labour Relations Act, as enacted by section 33, instead of under that section 54, and that bargaining unit is Current to June 20, 2022 Last amended on July 12, 2019 Royal Canadian Mounted Police RELATED PROVISIONS deemed to have been determined under section 238.14 of the Federal Public Sector Labour Relations Act. — 2017, c. 9, s. 64 Membership in bargaining unit — members and reservists 64 (1) Any application that is made under section 58 of the former Act before the day on which section 238.16 of the Federal Public Sector Labour Relations Act, as enacted by section 33, comes into force, in regards to whether members appointed to a rank or reservists are included in a bargaining unit, other than a bargaining unit composed of the group described in paragraph 63(1)(a), is deemed never to have been made, and any decision made in respect of the application or on any review of the decision is deemed never to have had effect. Membership in bargaining unit — other employees (2) Any application that is made under section 58 of the former Act before the day on which section 238.16 of the Federal Public Sector Labour Relations Act, as enacted by section 33, comes into force, in regards to whether any employee other than a member appointed to a rank or a reservist is included in a bargaining unit composed of the group described in paragraph 63(1)(a) for which an employee organization that meets the requirements set out in paragraph 63(1)(b) is certified as the bargaining agent, is deemed never to have been made, and any decision made in respect of the application or on any review of the decision is deemed never to have had effect. — 2017, c. 9, s. 65 Published date 65 As of the date published by the Treasury Board in the Canada Gazette under subsection 86(1) of the Enhancing Royal Canadian Mounted Police Accountability Act, a reference in subsections 63(1) and 64(1) and (2) to a member appointed to a rank is to be read as a reference to a member. — 2019, c. 29, s. 223 Continuation of members 223 If an Order entitled Order in Council Establishing the Interim Management Advisory Board for the Royal Canadian Mounted Police and Setting Out Its Mandate is made before the day on which section 45.19 of the Royal Canadian Mounted Police Act, as enacted by section 222 of this Act, comes into force, each member of the Interim Management Advisory Board for the Royal Canadian Mounted Police established by that Order who holds office immediately before the day on which that section 45.19 comes into force continues in office, as if they had been appointed under that section 45.19, for the Current to June 20, 2022 Last amended on July 12, 2019 Royal Canadian Mounted Police RELATED PROVISIONS remainder of the term for which they had been appointed. Current to June 20, 2022 Last amended on July 12, 2019 Royal Canadian Mounted Police AMENDMENTS NOT IN FORCE AMENDMENTS NOT IN FORCE — 2013, c. 18, ss. 8 (2), (3) 8 (2) Subsection 7(1) of the Act is replaced by the following: Appointment and designation 7 (1) The Commissioner may (a) appoint members of the Force other than officers; (b) by way of promotion appoint a member other than an officer to a higher rank for which there is a vacancy in the establishment of the Force; (c) where the Commissioner is requested by any department of the Government of Canada or considers it necessary or in the public interest, appoint for a period not exceeding twelve months at any one time special constables supernumerary to the strength of the Force for the purpose of maintaining law and order; and (d) designate any member, any supernumerary special constable appointed under this subsection or any temporary employee employed under subsection 10(2) as a peace officer. R.S., c. 8 (2nd Supp.), s. 4. (3) Subsection 7(2) of the Act is replaced by the following: Ranks (2) The ranks of members other than officers and the maximum numbers of persons that may be appointed to each rank shall be as prescribed by the Treasury Board. — 2013, c. 18, s. 15 (1) R.S., c. 8 (2nd Supp.), s. 13. 15 (1) Subsection 22(1.1) of the Act is replaced by the following: Reduction in pay if demotion (1.1) If a member is demoted under this Act, the member’s rate of pay shall be reduced to the highest rate of pay for the rank to which the member is demoted that does not exceed the member’s rate of pay at the time of the demotion. Current to June 20, 2022 Last amended on July 12, 2019 Royal Canadian Mounted Police AMENDMENTS NOT IN FORCE — 2013, c. 18, ss. 77 (1), (3), (4), (7) to (12), (14), (15), (19), (20) R.S., c. R-10. 77 (1) In this section, “the other Act” means the Royal Canadian Mounted Police Act. (3) On the first day on which both subsections 8(1) and (2) of this Act are in force, subsection 7(1) of the other Act is replaced by the following: Appointment and designation 7 (1) The Commissioner may appoint members of the Force other than officers and, by way of promotion, appoint a member, other than a Deputy Commissioner, to a higher rank, other than to the rank of Deputy Commissioner, for which there is a vacancy. (4) On the first day on which section 9.2 of the other Act, as enacted by section 10 of this Act, and subsections 8(2) and (3) and 15(1) of this Act are all in force, that section 9.2 is replaced by the following: Revocation of appointment 9.2 The Commissioner’s power to appoint a person as a member or to appoint a member, by way of promotion, to a higher rank, includes the power to revoke the appointment and to take corrective action whenever the Commissioner is satisfied that an error, an omission or improper conduct affected the selection of the person or member for appointment. (7) On the first day on which subsections 8(2) and (3) and 15(1) and section 35 of this Act are all in force, paragraph 45.4(1)(f) of the other Act is replaced by the following: (f) medical information about a member or other person appointed under the authority of Part I. (8) On the first day on which subsections 8(2) and (3) and 15(1) and section 35 of this Act are all in force, paragraph 45.42(1)(a) of the other Act is replaced by the following: (a) information relating to a request made by a member or other person appointed under the authority of Part I for legal assistance or indemnification from Her Majesty in right of Canada; (9) On the first day on which subsections 8(2) and (3) and 15(1) and section 35 of this Act are all in force, paragraph 45.42(1)(c) of the other Act is replaced by the following: Current to June 20, 2022 Last amended on July 12, 2019 Royal Canadian Mounted Police AMENDMENTS NOT IN FORCE (c) information that is protected by the privilege that exists between legal counsel and their client and that relates to the provision of advice to a member or other person appointed under the authority of Part I when the privilege may be claimed by the member or other person and not the Force; (10) On the first day on which subsections 8(2) and (3) and 15(1) and section 35 of this Act are all in force, subsection 45.53(1) of the other Act is replaced by the following: Complaints 45.53 (1) Any individual may make a complaint concerning the conduct, in the performance of any duty or function under this Act or the Witness Protection Program Act, of any person who, at the time that the conduct is alleged to have occurred, was a member or other person appointed under Part I. (11) On the first day on which subsections 8(2) and (3) and 15(1) and section 35 of this Act are all in force, subsection 45.53(4) of the other Act is replaced by the following: Complaint by members or certain other persons (4) The Commission shall refuse to deal with a complaint made under subsection (1) by a member or other person appointed under Part I if the complaint has been or could have been adequately dealt with, or could more appropriately be dealt with, according to a procedure provided for under this Act or any other Act of Parliament. (12) On the first day on which subsections 8(2) and (3) and 15(1) and section 35 of this Act are all in force, paragraph 45.53(8)(b) of the other Act is replaced by the following: (b) any member or other person appointed under Part I; or (14) On the first day on which subsections 8(2) and (3) and 15(1) and section 35 of this Act are all in force, subsection 45.59(1) of the other Act is replaced by the following: Complaints initiated by Chairperson 45.59 (1) If the Chairperson is satisfied that there are reasonable grounds to investigate the conduct, in the performance of any duty or function under this Act or the Witness Protection Program Act, of any person who, at the time that the conduct is alleged to have occurred, was a member or other person appointed under Part I, the Chairperson may initiate a complaint in relation to that conduct. Current to June 20, 2022 Last amended on July 12, 2019 Royal Canadian Mounted Police AMENDMENTS NOT IN FORCE (15) On the first day on which subsections 8(2) and (3) and 15(1) and section 35 of this Act are all in force, subsection 45.61(2) of the other Act is replaced by the following: Duty to refuse or terminate investigation (2) The Commissioner shall direct the Force to not commence or continue an investigation of a complaint by a member or other person appointed under Part I if the complaint has been or could have been adequately dealt with, or could more appropriately be dealt with according to a procedure provided for under this Act or any other Act of Parliament. (19) On the first day on which subsections 8(2) and (3) and 15(1) and section 35 of this Act are all in force, subsection 45.75(1) of the other Act is replaced by the following: Joint investigation, review or hearing 45.75 (1) If a complaint concerns the conduct of a member or other person appointed under Part I and a law enforcement officer of any other jurisdiction, whether in or outside Canada, the Commission may conduct an investigation, review or hearing of that complaint jointly with the authority in that other jurisdiction that is responsible for investigations, reviews or hearings with respect to complaints against law enforcement officers. (20) On the first day on which subsections 8(2) and (3) and 15(1) and section 35 of this Act are all in force, the portion of the definition serious incident in subsection 45.79(1) of the other Act before paragraph (a) is replaced by the following: serious incident means an incident in which the actions of a member or other person appointed under Part I or any person assisting the Force in exercising its powers or performing its duties and functions under this Act (incident grave) — 2013, c. 18, s. 82 82 On the first day on which both subsections 8(2) and (3) and 15(1) of this Act are all in force and subsection 78(2) or (3) of this Act has produced its effects, (a) paragraph 45.9(j) of the Royal Canadian Mounted Police Act is replaced by the following: (j) a reference to a member or other person appointed under the authority of Part I in paragraphs 45.4(1)(f) and 45.42(1)(a) and (c) is to be read as a reference to a Current to June 20, 2022 Last amended on July 12, 2019 Royal Canadian Mounted Police AMENDMENTS NOT IN FORCE designated officer who was appointed under paragraph 7(1)(a) of the Integrated Cross-border Law Enforcement Operations Act; (b) paragraph 45.94(1)(c) of the Royal Canadian Mounted Police Act is replaced by the following: (c) a reference to a member or other person appointed under Part I, other than in paragraph 45.53(8)(b), is to be read as a reference to a designated officer; Current to June 20, 2022 Last amended on July 12, 2019

CONSOLIDATION Royal Style and Titles Act R.S.C., 1985, c. R-12 Current to June 20, 2022 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (2) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. Inconsistencies in Acts (2) In the event of an inconsistency between a consolidated statute published by the Minister under this Act and the original statute or a subsequent amendment as certified by the Clerk of the Parliaments under the Publication of Statutes Act, the original statute or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 TABLE OF PROVISIONS An Act respecting the Royal Style and Titles 1 Short title Assent to Royal Style and Titles Current to June 20, 2022 ii R.S.C., 1985, c. R-12 An Act respecting the Royal Style and Titles Preamble WHEREAS the Prime Ministers and other representatives of Commonwealth countries assembled in London in the month of December, in the year one thousand nine hundred and fifty-two, considered the form of the Royal Style and Titles, and recognizing that the present form is not in accordance with present constitutional relations within the Commonwealth, concluded that, in the present stage of development of the Commonwealth relationship, it would be in accord with the established constitutional position that each member country should use for its own purposes a form suitable to its own particular circumstances but retaining a substantial element common to all; AND WHEREAS the said representatives of all the Commonwealth countries concerned agreed to take such action as is necessary in each country to secure the appropriate constitutional approval for the changes now envisaged; AND WHEREAS, in order to give effect to the aforesaid conclusions, it is desirable that the Parliament of Canada should assent to the issue of a Royal Proclamation establishing the Royal Style and Titles for Canada: THEREFORE, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: Short title 1 This Act may be cited as the Royal Style and Titles Act. Assent to Royal Style and Titles 2 The assent of the Parliament of Canada is hereby given to the issue by Her Majesty of Her Royal Proclamation Current to June 20, 2022 Royal Style and Titles Section 2 under the Great Seal of Canada establishing for Canada the following Royal Style and Titles, namely: Elizabeth the Second, by the Grace of God of the United Kingdom, Canada and Her other Realms and Territories Queen, Head of the Commonwealth, Defender of the Faith. R.S., c. R-12, s. 1. Current to June 20, 2022

CONSOLIDATION Retail Payment Activities Act S.C. 2021, c. 23, s. 177 NOTE [Enacted by section 177 of chapter 23 of the Statutes of Canada, 2021, the provisions, other than sections 1 to 10, 12 to 16 and 61, subsections 62(1), (3) and (4) and section 63, not in force.] Current to June 20, 2022 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (2) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. Inconsistencies in Acts (2) In the event of an inconsistency between a consolidated statute published by the Minister under this Act and the original statute or a subsequent amendment as certified by the Clerk of the Parliaments under the Publication of Statutes Act, the original statute or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Shaded provisions in this document are not in force. Current to June 20, 2022 TABLE OF PROVISIONS An Act Respecting Retail Payment Activities Short Title 1 Short title Interpretation 2 Definitions Affiliation Application General 4 Payment service providers in Canada Payment service providers outside of Canada Non-application 6 Retail payment activities Designated systems Internal transactions Payment service providers Agents and mandataries Governor’s orders PART 1 Bank and Minister 12 Objects Agreements and arrangements Guidelines — Bank Delegation of Governor’s powers, duties and functions No liability if in good faith — Bank PART 2 Operational and Financial Measures Operational Risk Management and Incident Response 17 Framework Current to June 20, 2022 ii Retail Paymentivities TABLE OF PROVISIONS Requirement to notify Follow-up notices Safeguarding of Funds 20 Accounts Provision of Information 21 Annual report Notice — significant change or new activity PART 3 Registration General 23 Registration required New application — acquisition of control Duty to register Registry List of refusals and revocations Execution of documents Applications for Registration 29 Form, manner and information Notice of change in information Duty to notify and provide information National Security Review 32 Designation Copy of application Review of application Prohibition on registration Timeline for review of application Prohibition on registration Notice to Bank Additional information Directive to refuse registration Review of directive Undertakings Conditions Copy to Bank Notice of intent to issue directive to revoke registration Review of notice of intent Review not requested Current to June 20, 2022 iv Retail Paymentivities TABLE OF PROVISIONS Refusal to Register 48 Refusal to register Directive to refuse to register Review by Governor Notice to Centre Revocation of Registration 52 Notice of intent to revoke registration Review of notice of intent Review not requested Revocation of registration for non-payment of penalty Directed revocation of registration Notice to Centre Appeal to Federal Court 58 Right of appeal Provision of Information 59 Notice of change in information Notice of change in prescribed information False or misleading information PART 4 Confidentiality of Information 62 Information obtained by Bank Information obtained by Minister Evidentiary privilege PART 5 Administration and Enforcement Bank’s Powers 65 Information request — payment service provider Information request — individual or entity Special audit Designation Powers — authorized person Warrant to enter dwelling-house Compliance agreement Minister’s Powers 72 Designation Current to June 20, 2022 v Retail Paymentivities TABLE OF PROVISIONS Information request — individual or entity Powers — authorized person Warrant to enter dwelling-house Administrative Monetary Penalties Notices of Violation and Compliance Agreements 76 Commission of violation Contents of notice Payment of penalty Contents of compliance agreement Deemed violation Compliance agreement complied with Compliance agreement not complied with Application for review Right of appeal Rules About Violations 85 Violations not offences Due diligence available Liability Recovery of Debts 88 Debts due to Her Majesty Certificate General 90 Limitation or prescription period Certification by Bank Evidence Publication Compliance Orders 94 Governor’s orders Court enforcement National Security 96 National security order Copy to Bank Court enforcement PART 6 Assessment Fees 99 Bank to ascertain expenses Current to June 20, 2022 v Retail Paymentivities TABLE OF PROVISIONS Information request PART 7 Regulations 101 Regulations Statutory Instruments Act PART 8 Transitional Provisions 103 Definition of transition period Application required Prescribed periods Prohibition on disclosure of outcome of application Exception to subsection 62(1) Non-application of section 23 Current to June 20, 2022 vi S.C. 2021, c. 23, s. 177 An Act Respecting Retail Payment Activities [Assented to 29th June 2021] Preamble Whereas the safe and efficient movement of funds is essential to the health and strength of the national economy; Whereas evolving technologies permit retail payment activities to be performed in new and increasingly complex ways by a larger variety of payment service providers across Canada; Whereas Parliament considers that it is desirable and in the national interest to address risks related to national security that could be posed by payment service providers; Whereas Parliament considers that it is desirable and in the national interest to supervise and regulate retail payment activities performed by payment service providers in order to mitigate operational risks and to safeguard end-user funds; And whereas Parliament considers that it is desirable and in the national interest to supervise and regulate retail payment activities performed by payment service providers in order to foster competition and innovation in payment services by building confidence in the retail payment sector; Current to June 20, 2022 Retail Payment Activities Act Short Title Sections 1-2 Short Title Short title 1 This Act may be cited as the Retail Payment Activities Act. Interpretation Definitions 2 The following definitions apply in this Act. Bank means the Bank of Canada. (Banque) Centre means the Financial Transactions and Reports Analysis Centre of Canada. (Centre) electronic funds transfer means a placement, transfer or withdrawal of funds by electronic means that is initiated by or on behalf of an individual or entity. (transfert électronique de fonds) end user means an individual or entity that uses a payment service as a payer or payee. (utilisateur final) entity means a corporation, trust, partnership, fund, an unincorporated association or organization, the government of a foreign country or of a political subdivision of a foreign country, or an agency of a foreign country or of a subdivision of a foreign country. (entité) government authority includes the Royal Canadian Mounted Police, the Communications Security Establishment and the Canadian Security Intelligence Service. (autorité administrative) Governor has the same meaning as in section 2 of the Bank of Canada Act. (gouverneur) incident means an event or series of related events that is unplanned by a payment service provider and that results in or could reasonably be expected to result in the reduction, deterioration or breakdown of any retail payment activity that is performed by the payment service provider. (incident) Minister means the Minister of Finance. (ministre) operational risk means a risk that any of the following will result in the reduction, deterioration or breakdown of retail payment activities that are performed by a payment service provider: (a) a deficiency in the payment service provider’s information system or internal process; Current to June 20, 2022 Retail Payment Activities Act Interpretation Sections 2-3 (b) a human error; (c) a management failure; or (d) a disruption caused by an external event. (risque opérationnel) payment function means (a) the provision or maintenance of an account that, in relation to an electronic funds transfer, is held on behalf of one or more end users; (b) the holding of funds on behalf of an end user until they are withdrawn by the end user or transferred to another individual or entity; (c) the initiation of an electronic funds transfer at the request of an end user; (d) the authorization of an electronic funds transfer or the transmission, reception or facilitation of an instruction in relation to an electronic funds transfer; or (e) the provision of clearing or settlement services. (fonction de paiement) payment service provider means an individual or entity that performs payment functions as a service or business activity that is not incidental to another service or business activity. (fournisseur de services de paiement) prescribed means prescribed by regulation. (Version anglaise seulement) registered means registered under section 25. (enregistré) retail payment activity means a payment function that is performed in relation to an electronic funds transfer that is made in the currency of Canada or another country or using a unit that meets prescribed criteria. (activité associée aux paiements de détail) third-party service provider means an individual or entity that, under a contract, provides a payment service provider with a service related to a payment function and that is not an employee or agent or mandatary of the payment service provider. (tiers fournisseur de services) Affiliation 3 (1) For the purposes of section 8 and paragraph 29(1)(d), Current to June 20, 2022 Retail Payment Activities Act Interpretation Section 3 (a) one entity is affiliated with another entity if one of them is the subsidiary of the other or both are subsidiaries of the same entity or each of them is controlled by the same individual or entity; (b) two entities are deemed to be affiliated with each other if they are affiliated with the same entity at the same time; and (c) an individual is affiliated with an entity if the individual controls the entity. Subsidiary entity (2) For the purposes of subsection (1), an entity is a subsidiary of another entity if it is controlled by that other entity. Control (3) For the purposes of this section, (a) a corporation is controlled by an individual or entity if (i) securities of the corporation to which are attached more than 50% of the votes that may be cast to elect directors of the corporation are held, directly or indirectly, whether through one or more subsidiaries or otherwise, otherwise than by way of security only, by or for the benefit of that individual or entity, and (ii) the votes attached to those securities are sufficient, if exercised, to elect a majority of the directors of the corporation; (b) a limited partnership is controlled by its general partner; and (c) an entity other than a corporation or a limited partnership is controlled by an individual or entity if the individual or entity, directly or indirectly, whether through one or more subsidiaries or otherwise, holds an interest in the entity that is not a corporation that entitles them to receive more than 50% of the profits of that entity or more than 50% of its assets on dissolution. Current to June 20, 2022 Retail Payment Activities Act Application Sections 4-6 Application General Payment service providers in Canada 4 Subject to sections 6 to 10, this Act applies in respect of any retail payment activity that is performed by a payment service provider that has a place of business in Canada. Payment service providers outside of Canada 5 Subject to sections 6 to 10, this Act also applies in respect of any retail payment activity that is performed for an end user in Canada by a payment service provider that does not have a place of business in Canada but directs retail payment activities at individuals or entities that are in Canada. Non-application Retail payment activities 6 This Act does not apply in respect of the following retail payment activities: (a) a payment function that is performed in relation to an electronic funds transfer that is made with an instrument that is issued by a merchant — or by an issuer that is not a payment service provider and has an agreement with a group of merchants — and that allows the holder of the instrument to purchase goods or services only from the issuing merchant or any merchant in the group; (b) a payment function that is performed in relation to an electronic funds transfer that is made for the purpose of giving effect to an eligible financial contract as defined in subsection 39.15(9) of the Canada Deposit Insurance Corporation Act or for the purpose of giving effect to a prescribed transaction in relation to securities; (c) a payment function that is performed in relation to an electronic funds transfer that is made for the purpose of a cash withdrawal at an automatic teller machine; and (d) a prescribed retail payment activity. Current to June 20, 2022 Retail Payment Activities Act Application Non-application Sections 7-9 Designated systems 7 This Act does not apply in respect of a payment function that is performed in relation to an electronic funds transfer if the payment function is performed using a system that is designated under section 4 of the Payment Clearing and Settlement Act. Internal transactions 8 This Act does not apply in respect of a retail payment activity that is performed by a payment service provider if (a) the payment function in question is performed in relation to an electronic funds transfer that is made between affiliated entities; (b) the payment service provider is one of the affiliated entities; and (c) no other payment service provider performs payment functions in relation to that electronic funds transfer. Payment service providers 9 This Act does not apply to a payment service provider that performs retail payment activities if the payment service provider is one of the following: (a) a bank; (b) an authorized foreign bank as defined in section 2 of the Bank Act in respect of its business in Canada; (c) a cooperative credit society, savings and credit union, caisse populaire or central cooperative credit society that is regulated by a provincial Act or an association regulated by the Cooperative Credit Associations Act; (d) Her Majesty in right of a province or an agent or mandatary of Her Majesty in right of a province, if Her Majesty in right of a province or the agent or mandatary accepts deposits transferable by order; (e) a company to which the Insurance Companies Act applies or an insurance company regulated by a provincial Act; (f) a company to which the Trust and Loan Companies Act applies; (g) a trust company that is regulated by a provincial Act; (h) a loan company that accepts deposits transferable by order and is regulated by a provincial Act; Current to June 20, 2022 Retail Payment Activities Act Application Non-application Sections 9-11 (i) the Canadian Payments Association; (j) the Bank; or (k) a prescribed individual or entity or an individual or entity of a prescribed class. Agents and mandataries 10 This Act does not apply to an agent or mandatary of a registered payment service provider if the agent or mandatary is performing retail payment activities in the scope of their authority as agent or mandatary and is included on the list of agents or mandataries that was provided by the payment service provider under paragraph 29(1)(e) and is updated in accordance with subsection 59(1). Governor’s orders 11 (1) If a provision of a federal or provincial Act or regulation applies to or in respect of a payment service provider that performs retail payment activities or a class of payment service providers that perform retail payment activities and the Governor is of the opinion that the provision is substantially similar to any of the following provisions of this Act or its regulations, then the Governor may, by order, specify the provision of this Act or its regulations and the payment service provider or class of payment service provider: (a) sections 17 to 22; (b) subsection 29(2); (c) paragraphs 48(1)(a) to (e) and (g) and 52(a) to (d) and (g); (d) sections 59, 94, 95 and 99; and (e) a provision of the regulations that is made for the purposes of any of the provisions referred to in paragraphs (a) to (d). Effect of order (2) A provision that is specified in an order made under subsection (1) does not apply to or in respect of the payment service provider or class of payment service provider specified in the order. Current to June 20, 2022 Retail Payment Activities Act PART 1 Bank and Minister Sections 12-15 PART 1 Bank and Minister Objects 12 (1) The Bank’s objects under this Act are to (a) supervise payment service providers that perform retail payment activities in order to determine whether those payment service providers are in compliance with this Act; (b) promote the adoption by those payment service providers of policies and procedures that are designed to implement their obligations under this Act; and (c) monitor and evaluate trends and issues related to retail payment activities. Duty of Bank (2) In pursuing these objects, the Bank must consider the efficiency of payment services and the interests of end users. Agreements and arrangements 13 The Bank may, for the purpose of exercising its powers or performing its duties and functions under this Act, enter into an agreement or arrangement with any government authority or regulatory body. Guidelines — Bank 14 (1) The Bank may issue guidelines respecting the manner in which this Act, with the exception of the provisions referred to in subsection (2), is to be applied. Guidelines — Minister (2) The Minister may issue guidelines respecting the manner in which sections 32 to 47, 72 to 75, 96 and 98 are to be applied. Delegation of Governor’s powers, duties and functions 15 (1) The Governor may delegate to an officer of the Bank any of the Governor’s powers, duties or functions under this Act. Notice of delegation (2) If a power, duty or function is delegated, the Bank must cause to be published in the Canada Gazette a notice that includes Current to June 20, 2022 Retail Payment Activities Act PART 1 Bank and Minister Sections 15-17 (a) the title of the officer to whom the power, duty or function is delegated; (b) the power, duty or function that is delegated; and (c) the day on which the delegation takes effect. Notice of revocation of delegation (3) If the Governor revokes a delegation, the Bank must cause to be published in the Canada Gazette a notice that includes the day on which the delegation ceases to have effect. Timing (4) The notice referred to in subsection (2) or (3) must be published before the day on which the delegation takes effect or ceases to have effect, as the case may be. No liability if in good faith — Bank 16 (1) No action lies against Her Majesty in right of Canada, any officer, employee or director of the Bank or any person acting under the direction of the Governor for anything done or omitted to be done in good faith in the administration or discharge of any powers or duties that under this Act are intended or authorized to be executed or performed. No liability if in good faith — Minister (2) No action lies against Her Majesty in right of Canada, the Minister or any person or government authority acting under the direction of the Minister for anything done or omitted to be done in good faith in the administration or discharge of any powers or duties that under this Act are intended or authorized to be executed or performed. PART 2 Operational and Financial Measures Operational Risk Management and Incident Response Framework 17 (1) For the purposes of identifying and mitigating operational risks and responding to incidents, a payment service provider that performs retail payment activities must, in accordance with the regulations, establish, implement and maintain a risk management and incident response framework that meets prescribed requirements. Current to June 20, 2022 Retail Payment Activities Act PART 2 Operational and Financial Measures Operational Risk Management and Incident Response Sections 17-19 Assessment by Bank (2) The Bank or a person designated by the Bank may assess the payment service provider’s risk management and incident response framework or any portion of it and the Bank may provide the payment service provider with a list of corrective measures that the Bank considers appropriate. Duty to assist (3) The payment service provider must give all assistance that is reasonably required to enable the Bank or the designated person to carry out an assessment referred to in subsection (2) and must provide any documents or information and access to any data that are specified by the Bank or the designated person. Requirement to notify 18 (1) If a payment service provider that performs retail payment activities becomes aware of an incident that has a material impact on any of the following individuals or entities, the payment service provider must, without delay, notify that individual or entity and the Bank of the incident: (a) an end user; (b) a payment service provider that performs retail payment activities, whether or not this Act applies to the payment service provider; and (c) a clearing house of a clearing and settlement system, as those expressions are defined in section 2 of the Payment Clearing and Settlement Act, that is designated under subsection 4(1) of that Act. Form, manner and content of notice (2) The notice must be given in the prescribed form and manner and contain the prescribed information. Follow-up notices 19 (1) The Bank may, by order, direct a payment service provider that has given a notice in accordance with section 18 to provide any follow-up notice that the Bank considers relevant. Content of order (2) The order must specify (a) the individuals or entities to be notified; (b) when the follow-up notice is to be given and its form and manner; and Current to June 20, 2022 Retail Payment Activities Act PART 2 Operational and Financial Measures Operational Risk Management and Incident Response Sections 19-21 (c) the information to be contained in the notice. Compliance with order (3) The payment service provider must comply with the order. Safeguarding of Funds Accounts 20 (1) If a payment service provider performs a retail payment activity that is the holding of end-user funds until they are withdrawn by the end user or transferred to another individual or entity, the payment service provider must (a) hold the end-user funds in trust in a trust account that is not used for any other purpose; (b) hold the end-user funds in a prescribed account or in a prescribed manner and take any prescribed measures in relation to the funds, the account or the manner; or (c) hold the end-user funds in an account that is not used for any other purpose and hold insurance or a guarantee in respect of the funds that is in an amount equal to or greater than the amount held in the account. Exception — provincial insurance or guarantee (2) Subsection (1) does not apply to a payment service provider in respect of end-user funds it holds in a province if the payment service provider accepts deposits that are insured or guaranteed under an Act of that province and those end-user funds are deposits that are guaranteed or insured under that Act. No set-off or compensation (3) No right of set-off or compensation may be asserted by an individual or entity that maintains an account that is referred to in paragraph (1)(a), (b) or (c) in respect of the funds held in that account. Provision of Information Annual report 21 A payment service provider that performs retail payment activities must, at the prescribed time and in the prescribed form and manner, submit an annual report to the Bank that includes Current to June 20, 2022 Retail Payment Activities Act PART 2 Operational and Financial Measures Provision of Information Sections 21-24 (a) the prescribed information respecting the payment service provider’s risk management and incident response framework; (b) the prescribed information in relation to any account referred to in subsection 20(1) and the insurance or guarantee referred to in paragraph 20(1)(c); (c) any other prescribed information in relation to the holding of end-user funds for the purposes of subsection 20(1) and any regulations made for the purposes of that subsection; and (d) any other prescribed information. Notice — significant change or new activity 22 (1) A payment service provider must notify the Bank before the payment service provider makes a significant change in the way it performs a retail payment activity or before it performs a new retail payment activity. The notice must (a) be given within the prescribed period; (b) be in the prescribed form and manner; and (c) include the prescribed information. Significant change (2) For the purposes of subsection (1), a change is significant if it could reasonably be expected to have a material impact on operational risks or the manner in which enduser funds are safeguarded. PART 3 Registration General Registration required 23 A payment service provider must be registered with the Bank before it performs any retail payment activities. New application — acquisition of control 24 (1) If an individual or entity plans to acquire control of a registered payment service provider, the registered payment service provider must, before the acquisition, submit a new application for registration that takes the planned acquisition into account and be so registered. Current to June 20, 2022 Retail Payment Activities Act PART 3 Registration General Sections 24-28 New application — other change (2) If a registered payment service provider plans to make a prescribed change, the registered payment service provider must, before the change takes effect, submit a new application for registration that takes the planned change into account and be so registered. Non-application (3) Subsection (1) does not apply in the case of a planned acquisition that would, on the day on which it is planned to take effect, result in this Act no longer applying to the registered payment service provider by virtue of section 9 or 10. Duty to register 25 (1) Subject to sections 35, 37, 48 and 49, the Bank must register any individual or entity that applies for registration. Notice of registration (2) The Bank must, as soon as feasible, notify the applicant in writing that the applicant has been registered. Registry 26 The Bank must maintain a registry of registered payment service providers and must make public the name of each registered payment service provider, its address and any prescribed information in relation to the payment service provider, the activities it performs or its registration. List of refusals and revocations 27 (1) The Bank must maintain and publish a list of the individuals or entities that the Bank has refused to register and the payment service providers that have had their registrations revoked. The list must set out the reasons for a refusal or revocation. Reviews (2) The Bank must not add an individual, entity or payment service provider to the list unless the prescribed period for requesting the applicable review under section 41, 46, 50 or 53 has expired or the refusal or revocation has been confirmed under the section in question. Execution of documents 28 Any document required or permitted to be executed or signed by more than one individual for the purposes of this Act may be executed or signed in several documents of similar form, each of which is executed or signed by one or more of the individuals. The documents, when Current to June 20, 2022 Retail Payment Activities Act PART 3 Registration General Sections 28-29 executed or signed by all individuals required or permitted, as the case may be, to do so, are deemed to constitute one document for the purposes of this Act. Applications for Registration Form, manner and information 29 (1) An applicant for registration must submit an application in the prescribed form and manner that includes (a) the applicant’s name and any name under which the applicant performs or plans to perform payment functions as a service or business activity; (b) the applicant’s address and any prescribed contact information; (c) a declaration that states whether the applicant operates or plans to operate out of a dwelling-house; (d) a description of how the applicant is organized or structured and, as applicable, any prescribed information in relation to the applicant’s incorporation, affiliated entities, directors and managers or owners; (e) a list of the applicant’s agents and mandataries that perform retail payment activities in the scope of their authority as an agent or mandatary and any prescribed information in relation to those agents and mandataries; (f) a description of the retail payment activities the applicant performs or plans to perform, including any prescribed information in relation to the volume and value or estimated volume and value of those retail payment activities; (g) the number of end users or estimated number of end users for whom the applicant performs or plans to perform retail payment activities; (h) any prescribed information in relation to end-user funds that the applicant holds or plans to hold; (i) a description of the applicant’s risk management and incident response framework or the framework that the applicant plans to establish and implement; (j) any prescribed information in relation to the manner in which the applicant safeguards or plans to safeguard end-user funds; (k) any prescribed information in relation to any of the applicant’s third-party service providers that have or will have a material impact on the applicant’s Current to June 20, 2022 Retail Payment Activities Act PART 3 Registration Applications for Registration Sections 29-31 operational risks or the manner in which the applicant safeguards or plans to safeguard end-user funds; (l) a declaration that states whether the applicant is registered with the Centre; (m) a declaration that states whether the applicant has a place of business in Canada; (n) a declaration that states whether the applicant has applied for registration or is registered under a provincial Act respecting retail payment activities; (o) in the case of an applicant that does not have a place of business in Canada, the name and address of an agent or mandatary in Canada that is authorized, on behalf of the applicant, to accept notices given or served under this Act as well as orders made under this Act; and (p) any information in relation to the applicant or the retail payment activities the applicant performs or plans to perform that is prescribed for the purposes of sections 34 to 45. Registration fee (2) The applicant must include the prescribed registration fee with the application. Additional information (3) The applicant must provide the Bank with any additional information that the Bank requests in relation to the information referred to in subsection (1) within 30 days after the day on which the request is made. Notice of change in information 30 An applicant that becomes aware that information provided as part of the application has changed or is about to change must notify the Bank of the change or anticipated change as soon as possible after becoming aware of it and the Bank must then, as soon as possible, notify the Minister and any person or government authority designated under section 32. Duty to notify and provide information 31 The Bank must, as soon as feasible after it is of the opinion that an application for registration is complete, notify the applicant that the application is complete and provide the Centre with the information referred to in paragraphs 29(1)(a) to (f) and any information respecting the applicant that is under the Bank’s control and is prescribed for the purposes of this section. Current to June 20, 2022 Retail Payment Activities Act PART 3 Registration National Security Review Sections 32-38 National Security Review Designation 32 The Minister may designate a person or government authority for the purposes of sections 33, 39 and 60. Copy of application 33 The Bank must, as soon as feasible after it is of the opinion that an application for registration is complete, provide the Minister and any designated person or government authority with a copy of the application. Review of application 34 (1) The Minister may, within the prescribed period, decide to review an application for registration if the Minister is of the opinion that it is necessary to do so for reasons related to national security. In that case, the Minister must notify the Bank of the decision and the Bank must then notify the applicant. Extension of decision period (2) The Minister may extend the prescribed period for one or more prescribed periods if the Minister considers it necessary to do so and notifies the Bank. In that case, the Bank must notify the applicant of the extension. Prohibition on registration 35 The Bank must not register an applicant during a period referred to in subsection 34(1) or (2) unless the Minister informs the Bank that the Minister has decided not to review the application for registration. Timeline for review of application 36 If the Minister decides to review an application for registration, the Minister must conduct the review within the prescribed period but the Minister may extend the period for conducting the review for one or more periods equal to the prescribed period if the Minister considers it necessary to do so and notifies the Bank. In that case, the Bank must notify the applicant of the extension. Prohibition on registration 37 If the Minister notifies the Bank of a decision to review an application for registration, the Bank must not register the applicant unless the Minister notifies the Bank under section 38 of a decision not to issue a directive. Notice to Bank 38 The Minister must notify the Bank if, after completing a review of an application, the Minister decides not to issue a directive under section 40. Current to June 20, 2022 Retail Payment Activities Act PART 3 Registration National Security Review Sections 39-42 Additional information 39 An applicant or registered payment service provider must provide the Minister and any designated person or government authority with any additional information that the Minister, person or government authority requests in relation to the applicant or registered payment service provider or the retail payment activities the applicant performs or plans to perform. Directive to refuse registration 40 The Minister may, for any of the following reasons, issue a directive to the Bank to refuse to register an applicant: (a) there are reasons related to national security; (b) the applicant has failed to provide additional information in accordance with section 39; (c) an order made under section 42 or an undertaking provided in accordance with that section that is in relation to the application in question has not been complied with; (d) a condition imposed under section 43 in relation to the application in question has not been complied with; and (e) the applicant has provided false or misleading information. Review of directive 41 (1) An applicant that has been notified under section 49 may, within the prescribed period, make a request to the Minister for a review of the directive to refuse registration. Decision (2) On completion of the review, the Minister must, after giving the applicant an opportunity to make representations, confirm or revoke the directive. The Minister must notify the Bank of the decision and the Bank must then, as soon as feasible, notify the applicant. Undertakings 42 The Minister may, by order, require any individual or entity to provide an undertaking in relation to an application for registration or in relation to any registered payment service provider if the Minister is of the opinion that it is necessary to do so for reasons related to national security. Current to June 20, 2022 Retail Payment Activities Act PART 3 Registration National Security Review Sections 43-46 Conditions 43 The Minister may, by order, impose conditions on any individual or entity in relation to an application for registration or in relation to any registered payment service provider if the Minister is of the opinion that it is necessary to do so for reasons related to national security. Copy to Bank 44 The Minister must provide the Bank with a copy of each order the Minister makes under section 42 or 43 and the Bank must, as soon as feasible, provide a copy to the individual or entity in question. Notice of intent to issue directive to revoke registration 45 (1) The Minister may, for any of the following reasons, issue to the Bank a notice of intent to issue a directive to the Bank to revoke a payment service provider’s registration: (a) there are reasons related to national security (b) the payment service provider has failed to provide additional information in accordance with section 39; (c) an order made under section 42 or an undertaking provided in accordance with that section that is in relation to the payment service provider has not been complied with; (d) a condition imposed under section 43 in relation to the payment service provider has not been complied with; (e) the payment service provider has provided false or misleading information; and (f) the payment service provider has not complied with an order under section 96. Notice to payment service provider (2) The Bank must, as soon as feasible, notify the payment service provider in writing of the issuance of the Minister’s notice of intent. Review of notice of intent 46 (1) A registered payment service provider that has been notified under subsection 45(2) may, within the prescribed period, make a request to the Minister for a review of the notice of intent. Current to June 20, 2022 Retail Payment Activities Act PART 3 Registration National Security Review Sections 46-48 Decision (2) On completion of the review, the Minister must, after giving the payment service provider an opportunity to make representations, either withdraw the notice of intent or issue a directive to the Bank to revoke the registration. Notices to Bank and payment service provider (3) The Minister must notify the Bank of a decision to withdraw the notice of intent and the Bank must, as soon as feasible, notify the payment service provider of the withdrawal. Review not requested 47 If a registered payment service provider that has been notified under subsection 45(2) does not make a request to the Minister for a review of the notice of intent within the prescribed period, the Minister may issue a directive to the Bank to revoke the payment service provider’s registration. Refusal to Register Refusal to register 48 (1) The Bank may, within the prescribed period, refuse to register an applicant for a prescribed reason or for any of the following reasons: (a) the applicant has failed to provide additional information in accordance with subsection 29(3); (b) the applicant has provided false or misleading information; (c) the applicant has been found guilty of contravening a provision referred to in section 74, 75 or 76, subsection 77(1) or section 77.1 of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act; (d) during the five-year period before the day on which the application was submitted, the Director of the Centre, under subsection 73.15(4) of that Act, caused a notice of a decision or of an imposed penalty to be issued and served on the applicant in respect of a violation that was classified as a serious violation or very serious violation under that Act; (e) the applicant is not registered in accordance with section 11.1 of that Act; (f) the applicant has ceased to perform or no longer plans to perform retail payment activities; and Current to June 20, 2022 Retail Payment Activities Act PART 3 Registration Refusal to Register Sections 48-52 (g) the applicant has committed or has been deemed to have committed a violation under this Act. Unpaid penalties (2) If an applicant that does not have a place of business in Canada has committed a violation under this Act and is liable to pay a penalty for it, and if 30 days have elapsed after the day on which all proceedings in respect of the violation are ended and the penalty has not been paid, the Bank must refuse to register the applicant until the penalty is paid. Notice to applicant (3) If the Bank refuses to register an applicant under subsection (1), the Bank must, as soon as feasible, notify the applicant of the refusal in writing. The notice must include the reason for the refusal. Directive to refuse to register 49 The Bank must refuse to register an applicant if the Minister issues a directive to that effect under section 40. In that case, the Bank must, as soon as feasible, notify the applicant in writing of the refusal. Review by Governor 50 (1) An applicant that has been notified under subsection 48(3) may, within the prescribed period, make a request to the Governor for a review of the refusal to register. Decision (2) On completion of the review, the Governor must confirm the refusal or direct the Bank to register the applicant. Form and manner of decision (3) The Governor must, within the prescribed period, make a decision and must, as soon as feasible, notify the applicant in writing of the decision. Notice to Centre 51 The Bank must, as soon as feasible, notify the Centre in writing of any refusal to register an applicant. Revocation of Registration Notice of intent to revoke registration 52 The Bank may, for a prescribed reason or for any of the following reasons, issue to a registered payment service provider a notice of intent to revoke the payment Current to June 20, 2022 Retail Payment Activities Act PART 3 Registration Revocation of Registration Sections 52-54 service provider’s registration that sets out the reason for the intention to revoke: (a) the payment service provider has provided false or misleading information; (b) the payment service provider has been found guilty of contravening a provision referred to in section 74, 75 or 76, subsection 77(1) or section 77.1 of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act; (c) the Director of the Centre, under subsection 73.15(4) of that Act, has caused a notice of a decision or of an imposed penalty to be issued and served on the payment service provider in respect of a violation that was classified as a serious or very serious violation under that Act; (d) the payment service provider is not registered in accordance with section 11.1 of that Act; (e) the payment service provider has ceased to perform retail payment activities; (f) an individual or entity that applied for registration under section 24 has acquired control of the payment service provider; and (g) the payment service provider has committed or has been deemed to have committed a violation under this Act. Review of notice of intent 53 (1) A registered payment service provider that has been notified under section 52 may, within the prescribed period, make a request to the Governor for a review of the notice of intent. Decision (2) On completion of the review, the Governor must, after giving the payment service provider an opportunity to make representations, direct the Bank to either withdraw the notice of intent or revoke the payment service provider’s registration. Form and manner of decision (3) The Governor must, within the prescribed period, make a decision and must, as soon as feasible, notify the payment service provider in writing of the decision. Review not requested 54 If a registered payment service provider that has been notified under section 52 does not make a request to the Governor for a review of the notice of intent within Current to June 20, 2022 Retail Payment Activities Act PART 3 Registration Revocation of Registration Sections 54-58 the prescribed period, the Governor may direct the Bank to revoke the payment service provider’s registration. Revocation of registration for non-payment of penalty 55 (1) The Bank must revoke the registration of a registered payment service provider if the payment service provider does not have a place of business in Canada, has committed a violation under this Act and is liable to pay a penalty for it, and the penalty has not been paid within 30 days after the day on which all proceedings in respected of the violation are ended. Notice to payment service provider (2) The Bank must, as soon as feasible, notify the payment service provider in writing of the revocation under subsection (1). Directed revocation of registration 56 (1) The Bank must revoke the registration of a registered payment service provider if the Minister directs the Bank to do so under subsection 46(2) or section 47. Notice to payment service provider (2) The Bank must, as soon as feasible, notify the payment service provider in writing of the revocation under subsection (1). Notice to Centre 57 The Bank must, as soon as feasible, notify the Centre in writing of any revocation of a payment service provider’s registration. Appeal to Federal Court Right of appeal 58 (1) An applicant or payment service provider that has been notified under subsection 50(3) or 53(3) may, within the prescribed period or within any longer period that the Federal Court allows, appeal the decision to that Court. Powers of Federal Court (2) The Federal Court may (a) dismiss the appeal; (b) set aside the decision and, as applicable, order the Bank to register the applicant or to reinstate the payment service provider’s registration; or (c) set aside the decision and refer the matter back to the Governor for re-determination. Current to June 20, 2022 Retail Payment Activities Act PART 3 Registration Appeal to Federal Court Sections 58-61 Conflict (3) If there is a conflict between an order under paragraph (2)(b) and a directive under section 40, subsection 46(2) or section 47, the directive prevails. Provision of Information Notice of change in information 59 (1) A registered payment service provider must notify the Bank of any change to the information referred to in any of paragraphs 29(1)(a) to (e), (k) and (m) to (o). The notice must include the updated information, be given within the prescribed period and be in the prescribed form and manner. Exception (2) The payment service provider is not however required to notify the Bank if the information in question was included in a notice under section 60. Notice of change in prescribed information 60 (1) A registered payment service provider must notify the Bank of any change to prescribed information in relation to the payment service provider or the retail payment activities the payment service provider performs. Timing of notice (2) The notice must be given as soon as feasible after the payment service provider becomes aware of the change but before the change takes effect. However, if a different period is prescribed for the purposes of this subsection, the notice must be given within that period. Notice to Minister (3) The Bank must, as soon as feasible, notify the Minister and any designated person or government authority of any notice given under subsection (1). False or misleading information 61 An individual or entity must not provide false or misleading information to the Bank, the Minister or a person or government authority designated under section 32. Current to June 20, 2022 Retail Payment Activities Act PART 4 Confidentiality of Information Sections 62-64 PART 4 Confidentiality of Information Information obtained by Bank 62 (1) Subject to subsections (2) and (3), information that the Bank obtains under this Act and any information prepared from that information is confidential and the Bank must treat it accordingly. Disclosure permitted — sections 26, 27 and 93 (2) The Bank may disclose information obtained under this Act if it is required to make the information public under section 26 or does so under section 27 or 93. Disclosure permitted — entities (3) Subject to subsection (4), the Bank may disclose information obtained under this Act to the Minister or to any government authority or regulatory body if it agrees to treat the information as confidential. Consent required (4) The Bank must not disclose information obtained from the Centre without the Centre’s consent. Information obtained by Minister 63 (1) Subject to subsection (2), information that is obtained under this Act by the Minister or by a person or government authority designated under section 32 as well as any information prepared from that information is confidential and the Minister or the designated person or government authority must treat it accordingly. Disclosure permitted — entities (2) The Minister or the designated person or government authority may disclose information obtained under this Act to any government authority or regulatory body that agrees to treat the information as confidential. Evidentiary privilege 64 (1) Prescribed information in relation to the supervision of payment service providers must not be used as evidence in any civil proceedings and is privileged for that purpose. No testimony or production (2) An individual or entity must not by an order of any court, tribunal or other body be required in any civil Current to June 20, 2022 Retail Payment Activities Act PART 4 Confidentiality of Information Sections 64-65 proceedings to give oral testimony or to produce any document relating to any information referred to in subsection (1). Exception to subsection (1) (3) Despite subsection (1), the Minister, the Governor, the Bank or the Attorney General of Canada may, in accordance with the regulations, use information referred to in that subsection as evidence in any proceedings. Exception to subsection (1) (4) Despite subsection (1), a payment service provider may, in accordance with the regulations, use information referred to in that subsection as evidence in any proceedings in relation to the administration or enforcement of this Act, the Bankruptcy and Insolvency Act or the Companies’ Creditors Arrangement Act that are commenced by the payment service provider, the Minister, the Governor, the Bank or the Attorney General of Canada. Exceptions to subsections (1) and (2) (5) Despite subsections (1) and (2), a court, tribunal or other body may, by order, require the Minister, the Governor, the Bank or a payment service provider to give oral testimony or to produce any document relating to any information referred to in subsection (1) in any civil proceedings in relation to the administration or enforcement of this Act that are commenced by the Minister, the Governor, the Bank, the Attorney General of Canada or a payment service provider. No waiver (6) The disclosure of any information referred to in subsection (1), other than under subsection (3), (4) or (5), does not constitute a waiver of the privilege referred to in subsection (1). PART 5 Administration and Enforcement Bank’s Powers Information request — payment service provider 65 (1) The Bank may request, in writing, a payment service provider that performs retail payment activities to provide, within the prescribed period, the Bank with any information that the Bank considers necessary for a Current to June 20, 2022 Retail Payment Activities Act PART 5 Administration and Enforcement Bank’s Powers Sections 65-67 purpose related to verifying compliance with this Act or carrying out the Bank’s objects under this Act. Compliance with request (2) The payment service provider must comply with the request. Information request — individual or entity 66 (1) For the purpose of verifying compliance with this Act, the Bank may, if it has reasonable grounds to believe that an individual or entity is a payment service provider that performs retail payment activities, request in writing, the individual or entity to provide the Bank with any information that the Bank requires to determine whether the individual or entity is a payment service provider that performs retail payment activities. Compliance with request (2) The individual or entity must comply with the request within the prescribed period. Special audit 67 (1) The Bank may direct that a special audit of a payment service provider that performs retail payment activities be conducted in accordance with any conditions that the Bank considers appropriate if, in the Bank’s opinion, the special audit is required for the purpose of verifying compliance with this Act and the Bank may appoint an individual or entity to conduct the special audit. Duty to assist (2) The payment service provider must give all assistance that is reasonably required to enable the appointed individual or entity to conduct the special audit and must provide any documents or information and access to any data that are specified by the individual or entity. Report to Bank (3) The payment service provider must provide the Bank with the results of the special audit. Expenses (4) The expenses incurred in respect of the special audit are payable by the payment service provider. Current to June 20, 2022 Retail Payment Activities Act PART 5 Administration and Enforcement Bank’s Powers Sections 68-70 Designation 68 The Governor may designate persons or classes of persons as authorized persons for the purposes of sections 69 and 70. Powers — authorized person 69 (1) An authorized person may, from time to time, examine the records and inquire into the business and affairs of a payment service provider that performs retail payment activities for the purpose of verifying compliance with this Act and for that purpose may (a) enter any place, other than a dwelling-house, in which the authorized person has reasonable grounds to believe that there are records relevant to verifying compliance with this Act; (b) use any computer system in the place, or cause it to be used, to examine data contained in or available to it; (c) reproduce any record, or cause it to be reproduced from the data, in the form of a printout or other intelligible output and remove the printout or other output for examination or copying; or (d) use any copying equipment in the place or cause it to be used. Duty to assist (2) The owner or person in charge of the place and every person in the place must give all assistance that is reasonably required to enable the authorized person to perform their functions under this section and must provide any documents or information and access to any data that are specified by the authorized person. Warrant to enter dwelling-house 70 (1) If the place is a dwelling-house, an authorized person may enter it without the occupant’s consent only under the authority of a warrant issued under subsection (2). Authority to issue warrant (2) On ex parte application, a justice of the peace may issue a warrant authorizing an authorized person to enter a dwelling-house, subject to any conditions specified in the warrant, if the justice is satisfied by information on oath that (a) the dwelling-house is a place referred to in paragraph 69(1)(a); Current to June 20, 2022 Retail Payment Activities Act PART 5 Administration and Enforcement Bank’s Powers Sections 70-74 (b) entry to the dwelling-house is necessary for a purpose related to verifying compliance with this Act; and (c) entry was refused by the occupant or there are reasonable grounds to believe that entry will be refused by, or that consent to entry cannot be obtained from, the occupant. Compliance agreement 71 The Bank may enter into a compliance agreement with a payment service provider that performs retail payment activities for the purpose of implementing any measure that is designed to further compliance with this Act by the payment service provider. Minister’s Powers Designation 72 The Minister may designate persons or classes of persons as authorized persons for the purposes of sections 73 to 75. Information request — individual or entity 73 (1) An authorized person may request, in writing, an individual or entity to provide, within the prescribed period, the authorized person with any information that the authorized person considers necessary for a purpose related to verifying compliance with an undertaking provided in accordance with section 42 or a condition imposed under section 43. Compliance with request (2) The individual or entity must comply with the request. Powers — authorized person 74 (1) An authorized person may, from time to time, examine the records and inquire into the business and affairs of an individual or entity for the purpose of verifying compliance with an undertaking provided in accordance with section 42 or a condition imposed under section 43 and for that purpose may (a) enter any place, other than a dwelling-house, in which the authorized person has reasonable grounds to believe that there are records relevant to verifying compliance with the undertaking or condition; (b) use any computer system in the place, or cause it to be used, to examine data contained in or available to it; Current to June 20, 2022 Retail Payment Activities Act PART 5 Administration and Enforcement Minister’s Powers Sections 74-76 (c) reproduce any record, or cause it to be reproduced from the data, in the form of a printout or other intelligible output and remove the printout or other output for examination or copying; or (d) use any copying equipment in the place or cause it to be used. Duty to assist (2) The owner or person in charge of the place and every person in the place must give all assistance that is reasonably required to enable the authorized person to perform their functions under this section and must provide any documents or information and access to any data that are specified by the authorized person. Warrant to enter dwelling-house 75 (1) If the place is a dwelling-house, an authorized person may enter it without the occupant’s consent only under the authority of a warrant issued under subsection (2). Authority to issue warrant (2) On ex parte application, a justice of the peace may issue a warrant authorizing an authorized person to enter a dwelling-house, subject to any conditions specified in the warrant, if the justice is satisfied by information on oath that (a) the dwelling-house is a place referred to in paragraph 74(1)(a); (b) entry to the dwelling-house is necessary for a purpose related to verifying compliance with the undertaking or condition; and (c) entry was refused by the occupant or there are reasonable grounds to believe that entry will be refused by, or that consent to entry cannot be obtained from, the occupant. Administrative Monetary Penalties Notices of Violation and Compliance Agreements Commission of violation 76 (1) Every contravention that is designated under paragraph 101(1)(h) or (j) constitutes a violation and the individual or entity that commits the violation is liable to a penalty established in accordance with paragraph 101(1)(k) or (l). Current to June 20, 2022 Retail Payment Activities Act PART 5 Administration and Enforcement Administrative Monetary Penalties Notices of Violation and Compliance Agreements Sections 76-77 Payment service provider (2) If the Bank believes on reasonable grounds that a payment service provider has committed a violation, the Bank may (a) issue and cause to be served on the payment service provider a notice of violation; or (b) issue and cause to be served on the payment service provider a notice of violation with an offer to reduce by half the penalty set out in the notice if the payment service provider enters into a compliance agreement with the Bank in respect of the provision to which the violation relates. Other individual or entity (3) If the Bank believes on reasonable grounds that an individual or entity other than a payment service provider has committed a violation, the Bank may issue and cause to be served on the individual or entity a notice of violation. Purpose of penalty (4) The purpose of the penalty is to promote compliance with this Act and not to punish. Contents of notice 77 (1) A notice of violation must name the individual or entity believed to have committed a violation, identify the violation and set out (a) the penalty to be paid; (b) the right of the individual or entity, within 30 days after the day on which the notice is served or within any longer period that the Bank specifies, to pay the penalty or to make representations to the Governor with respect to the violation and the penalty, and the manner for doing so; and (c) the fact that, if the individual or entity does not pay the penalty or make representations in accordance with the notice, the individual or entity will be deemed to have committed the violation and is liable to pay the penalty. Short-form descriptions (2) The Bank may establish, in respect of each violation, a short-form description to be used in notices of violation. Current to June 20, 2022 Retail Payment Activities Act PART 5 Administration and Enforcement Administrative Monetary Penalties Notices of Violation and Compliance Agreements Sections 77-79 Administrative corrections (3) If a notice of violation contains any error or omission, the Bank may issue and cause to be served a corrected notice of violation on the individual or entity at any time during the period referred to in paragraph (1)(b). Payment of penalty 78 (1) If the individual or entity pays the penalty set out in the notice of violation, the individual or entity is deemed to have committed the violation and proceedings in respect of it are ended. Representations to Governor (2) If the individual or entity makes representations in accordance with the notice, the Governor must decide, on a balance of probabilities, whether the individual or entity committed the violation and, if so, may, subject to any regulations made under paragraph 101(1)(k) or (l), impose the penalty set out in the notice, a lesser penalty or no penalty. Failure to pay or make representations (3) An individual or entity that neither pays the penalty set out in the notice nor makes representations in accordance with the notice is deemed to have committed the violation and is liable to pay the penalty set out in the notice. Notice of decision and right of appeal (4) The Bank must cause notice of any decision made under subsection (2) or the penalty that the individual or entity is liable to pay under subsection (3) to be issued and served on the individual or entity together with notice of the right of appeal under subsection 84(1). Contents of compliance agreement 79 (1) If the Bank offers to enter into a compliance agreement with a payment service provider under paragraph 76(2)(b), the agreement must (a) identify the provision that was contravened and provide that the payment service provider will comply with that provision within the period and be subject to the terms and conditions specified in the agreement; and (b) set out the amount that the payment service provider will have to pay as the reduced penalty for the violation if the compliance agreement is entered into. Current to June 20, 2022 Retail Payment Activities Act PART 5 Administration and Enforcement Administrative Monetary Penalties Notices of Violation and Compliance Agreements Sections 79-82 Refusal to enter into agreement (2) If the payment service provider does not enter into the compliance agreement and does not pay the reduced penalty within 30 days after the day on which the payment service provider received the notice of violation, the payment service provider is deemed to have refused to enter into the agreement and is liable to pay the full penalty set out in the notice of violation. Extension of period (3) The Bank may extend the period referred to in paragraph (1)(a) if it is satisfied that the payment service provider is unable to comply with it within that period for reasons beyond their control. Deemed violation 80 A payment service provider that enters into a compliance agreement referred to in a notice of violation issued under paragraph 76(2)(b) is deemed to have committed the violation in respect of which the agreement was entered into. Compliance agreement complied with 81 If the Bank considers that a compliance agreement with a payment service provider has been complied with, the Bank must serve a notice to that effect on the payment service provider and, on the service of the notice, no further proceedings may be taken against the payment service provider with respect to the violation. Compliance agreement not complied with 82 (1) If the Bank considers that a compliance agreement with a payment service provider has not been complied with, the Bank may issue and cause to be served a notice of default on the payment service provider to the effect that the payment service provider is liable to pay (a) the difference between the penalty set out in the notice of violation and any portion of the reduced penalty under the compliance agreement that was paid; and (b) an additional penalty specified in the regulations. Contents of notice (2) The notice of default must specify the date, which must be 30 days after the day on which the notice is served, on or before which an application for review may be filed and particulars of how the application may be filed. Current to June 20, 2022 Retail Payment Activities Act PART 5 Administration and Enforcement Administrative Monetary Penalties Notices of Violation and Compliance Agreements Sections 82-84 No set-off or compensation (3) On the service of a notice of default, the payment service provider served has no right of set-off or compensation against any amount that it spent under the compliance agreement. Application for review 83 (1) A payment service provider served with a notice of default may, on or before the date specified in the notice or within any time that the Bank allows, file an application for review of the Bank’s decision made under that subsection with the Governor. Decision (2) The Governor may confirm the Bank’s decision or decide that the payment service provider has complied with the compliance agreement. Failure to pay or apply for review (3) A payment service provider that neither pays the amounts set out in the notice of default nor files an application for review in accordance with the notice is deemed to have not complied with the compliance agreement and must pay the amounts set out in the notice of default without delay. Notice of decision (4) The Bank must cause notice of the Governor’s decision to be issued and served on the payment service provider together with notice of the right of appeal under subsection 84(1). Right of appeal 84 (1) An individual or entity on which a notice of a decision made under subsection 78(2) or 83(2) is served may, within 30 days after the day on which the notice is served or within any longer period that the Federal Court allows, appeal the decision to that Court. Appeal — no notice of decision (2) If the Bank does not cause notice of a decision to be issued and served under subsection 78(4) within 90 days after the day on which representations under subsection 78(2) were made, the individual or entity may appeal the penalty set out in the notice of violation to the Federal Court within 30 days after the day on which the 90-day period expires. Current to June 20, 2022 Retail Payment Activities Act PART 5 Administration and Enforcement Administrative Monetary Penalties Notices of Violation and Compliance Agreements Sections 84-88 Appeal — no notice of decision (3) If the Bank does not cause notice of a decision to be issued and served under subsection 83(4) within 90 days after the day on which the Governor received the application for review under subsection 83(1), the individual or entity that filed the application may appeal to the Federal Court the amounts set out in the notice of default referred to in subsection 82(1) within 30 days after the day on which the 90-day period expires. Powers of Federal Court (4) On an appeal, the Federal Court may confirm, set aside or, subject to any regulations made under paragraph 101(1)(k) or (l), vary the decision. Rules About Violations Violations not offences 85 For greater certainty, a violation is not an offence and, accordingly, section 126 of the Criminal Code does not apply in respect of a violation. Due diligence available 86 (1) Due diligence is a defence in a proceeding in relation to a violation. Common law principles (2) Every rule and principle of the common law that renders any circumstance a justification or excuse in relation to a charge for an offence applies in respect of a violation to the extent that it is consistent with this Act. Liability 87 An individual or entity is liable for a violation that is committed by any of its employees, third-party service providers, or agents or mandataries acting in the course of their employment, their contract or the scope of their authority as agent or mandatary, whether or not the employee, third-party service provider or agent or mandatary that actually committed the violation is identified. Recovery of Debts Debts due to Her Majesty 88 (1) The following amounts constitute a debt due to Her Majesty in right of Canada that may be recovered in the Federal Court or any other court of competent jurisdiction: (a) the amount of the penalty set out in a notice of violation, beginning on the day on which it is required to be paid in accordance with the notice, unless Current to June 20, 2022 Retail Payment Activities Act PART 5 Administration and Enforcement Administrative Monetary Penalties Recovery of Debts Section 88 representations are made in accordance with the notice, a compliance agreement is entered into or the decision is appealed; (b) if representations are made, the amount of the penalty that is imposed by the Governor, beginning on the day specified by the Governor or, if no day is specified, beginning on the day on which the decision is made; (c) every amount set out in a compliance agreement, beginning on the day on which the compliance agreement is entered into or the day specified in the compliance agreement; (d) the amount of a penalty set out in a notice of default referred to in subsection 82(1), beginning on the day on which the period specified in the notice expires, unless a review is requested under subsection 83(1); (e) if a review is requested under subsection 83(1) and the Governor confirms the Bank’s decision, the amount of the penalty set out in the notice of default referred to in subsection 82(1), beginning on the day specified by the Governor or, if no day is specified, beginning on the day on which the Governor’s decision is made, unless the decision is appealed; (f) the amount of a penalty determined by the Federal Court under subsection 84(4), beginning on the day on which the period specified in the decision for the payment of that amount expires or the day specified in the decision; and (g) the amount of any costs and expenses referred to in subsection (3). Limitation or prescription period (2) Proceedings to recover a debt referred to in subsection (1) may be commenced no later than the fifth anniversary of the day on which the debt becomes payable. Liability (3) An individual or entity that is liable to pay the amount of any debt referred to in any of paragraphs (1)(a) to (f) is also liable for the amount of any costs and expenses incurred in attempting to recover that amount. Proceeds payable to Receiver General (4) A debt referred to in subsection (1) that is paid or recovered is payable to and must be remitted to the Receiver General. Current to June 20, 2022 Retail Payment Activities Act PART 5 Administration and Enforcement Administrative Monetary Penalties Recovery of Debts Sections 89-93 Certificate 89 (1) The unpaid amount of any debt referred to in subsection 88(1) may be certified by the Governor. Registration in Federal Court (2) Registration in the Federal Court of a certificate has the same effect as a judgment of that Court for a debt of the amount specified in the certificate and all related registration costs. General Limitation or prescription period 90 No notice of violation is to be issued after the second anniversary of the day on which the Bank becomes aware of the acts or omissions that constitute the alleged violation. Certification by Bank 91 A document purporting to have been issued by the Bank, certifying the day on which the acts or omissions that constitute the alleged violation became known to the Bank, is admissible in evidence without proof of the signature or official character of the person appearing to have signed the document and, in the absence of evidence to the contrary, is proof that the Bank became aware of the acts or omissions on that day. Evidence 92 In a proceeding in respect of a violation, a notice of violation purporting to be issued under subsection 76(2), a notice of decision purporting to be issued under subsection 78(4) or 83(4), a notice of default purporting to be issued under subsection 82(1) or a certificate purporting to be made under subsection 89(1) is admissible in evidence without proof of the signature or official character of the person appearing to have signed it. Publication 93 (1) As soon as feasible after a payment service provider is deemed under subsection 78(1) or (3) to have committed a violation or after a notice of decision stating that the payment service provider has committed a violation is served under subsection 78(4), the Bank must make public the nature of the violation, the name of the payment service provider and the amount of any penalty imposed. Reasons (2) In making public the nature of a violation, the Bank may include the reasons for its decision to issue the Current to June 20, 2022 Retail Payment Activities Act PART 5 Administration and Enforcement Administrative Monetary Penalties General Sections 93-94 notice of violation and any related decision, including the relevant facts, analysis and considerations that formed part of the decision. Compliance Orders Governor’s orders 94 (1) If the Governor is of the opinion that a payment service provider that performs retail payment activities is committing, or is about to commit, an act that could have a significant adverse impact on an individual or entity referred to in subsection (2), the Governor may, by order, direct the payment service provider to (a) cease or refrain from committing the act or pursuing the course of conduct; and (b) perform any acts that, in the Governor’s opinion, are necessary to remedy the situation. Individuals and entities (2) The individuals and entities are any of the following: (a) an end user; (b) a payment service provider that performs retail payment activities, whether or not this Act applies to them; and (c) a clearing house of a clearing and settlement system, as those expressions are defined in section 2 of the Payment Clearing and Settlement Act, that is designated under subsection 4(1) of that Act. Opportunity for representations (3) Subject to subsection (4), no order is to be made in respect of a payment service provider under subsection (1) unless the payment service provider is provided with a opportunity to make representations in respect of the matter. Temporary order (4) If, in the Governor’s opinion, the length of time required for representations to be made might be prejudicial to the public interest, the Governor may make a temporary order that has the same effect as an order under subsection (1). The order ceases to have effect 30 days after the day on which it is made or after the expiration of a shorter period that is specified in the order. Continued effect (5) A temporary order continues to have effect after the expiration of the 30-day or the shorter period if no Current to June 20, 2022 Retail Payment Activities Act PART 5 Administration and Enforcement Compliance Orders Sections 94-96 representations are made to the Governor within that period or, if representations are made, the Governor notifies the payment service provider that the Governor is not satisfied that there are sufficient grounds for revoking the order. Court enforcement 95 (1) If an individual or entity is contravening or has contravened a provision of this Act, the regulations or an order made under subsection 94(1) or (4), the Governor may, in addition to any other action that may be taken under this Act, apply to a superior court for an order requiring the individual or entity to cease the contravention or to comply with the provision. Powers of court (2) The court may make the order and may make any other order the court thinks fit. Appeal (3) An appeal from an order made under subsection (2) lies in the same manner and to the same court as an appeal from any other order of the court. National Security National security order 96 (1) The Minister may, by order, direct a payment service provider that performs retail payment activities to take or to refrain from taking any measures related to the performance of retail payment activities if the Minister is of the opinion that it is necessary to do so for reasons related to national security. Opportunity for representations (2) Subject to subsection (3), no order is to be made under subsection (1) unless the payment service provider is provided with a opportunity to make representations in respect of the matter. Temporary order (3) If, in the Minister’s opinion, the length of time required for representations to be made might be prejudicial to the public interest, the Minister may make a temporary order that has the same effect as an order made under subsection (1). The temporary order ceases to have effect 30 days after the day on which it is made or after the expiration of a shorter period that is specified in the order. Current to June 20, 2022 Retail Payment Activities Act PART 5 Administration and Enforcement National Security Sections 96-99 Continued effect (4) The temporary order continues to have effect after the expiration of the 30-day or the shorter period if no representations are made to the Minister within that period or, if representations are made, the Minister notifies the payment service provider that the Minister is not satisfied that there are sufficient grounds for revoking the order. Copy to Bank 97 The Minister must provide the Bank with a copy of each order the Minister makes under subsection 96(1) or (3) and the Bank must, as soon as feasible, provide a copy to the individual or entity in question. Court enforcement 98 (1) If an individual or entity is not complying with an undertaking provided in accordance with section 42, a condition imposed under section 43 or an order made under section 96, the Minister may, in addition to any other action that may be taken under this Act, apply to a superior court for an order requiring the individual or entity to comply with the undertaking, condition or order. Powers of court (2) The court may make the order and may make any other order the court thinks fit. Appeal (3) An appeal from an order made under subsection (2) lies in the same manner and to the same court as an appeal from any other order of the court. PART 6 Assessment Fees Bank to ascertain expenses 99 (1) The Bank must, before September 30 in each year, ascertain the total amount of expenses incurred by it during the immediately preceding calendar year for or in connection with the administration of this Act and deduct from that amount any registration fees paid to it in that preceding calendar year. Amount conclusive (2) The amount ascertained is final and conclusive for the purposes of this section. Current to June 20, 2022 Retail Payment Activities Act PART 6 Assessment Fees Sections 99-101 Assessment (3) As soon as feasible after ascertaining the amount, the Bank must, in the prescribed manner and to the prescribed extent, assess a portion of the total amount of expenses against each registered payment service provider. Interim assessment (4) The Bank may, during each calendar year, prepare an interim assessment against any registered payment service provider. Assessment is binding (5) Every assessment and interim assessment is final and conclusive and binding on the registered payment service provider against which it is made. Recovery (6) Every assessment and interim assessment constitutes a debt due to the Bank, is immediately payable and may be recovered as a debt in any court of competent jurisdiction. Interest (7) Interest may be charged on the unpaid amount of an assessment or interim assessment at a rate equal to 2% plus the rate in effect that is prescribed under the Income Tax Act for amounts payable by the Minister of National Revenue as refunds of overpayments of tax under that Act. Information request 100 (1) The Bank may request, in writing, a registered payment service provider to provide, within the prescribed period, the Bank with any information that the Bank considers necessary for the purposes of subsection 99(3) or (4). Compliance with request (2) The payment service provider must comply with the request. PART 7 Regulations Regulations 101 (1) The Governor in Council may, on the recommendation of the Minister, make regulations for the purposes of this Act, including regulations Current to June 20, 2022 Retail Payment Activities Act PART 7 Regulations Section 101 (a) respecting risk management and incident response frameworks; (b) respecting any account referred to in paragraph 20(1)(a) or (c) and the insurance or guarantee referred to in paragraph 20(1)(c); (c) respecting the holding of end-user funds by a payment service provider referred to in subsection 20(1) and the measures to be taken by the payment service provider to ensure that end-user funds or proceeds from any insurance or guarantee referred to in paragraph 20(1)(c) are payable to end users in the event of an insolvency or other specified event; (d) respecting the provision of information in relation to the holding of end-user funds with the Canada Deposit Insurance Corporation or a member institution as in section 2 of the Canada Deposit Insurance Corporation Act; (e) respecting the acquisition of control for the purposes of section 24; (f) respecting the circumstances in which information referred to in subsection 64(1) may be used as evidence; (g) prohibiting, limiting or restricting the disclosure by payment service providers of information referred to in subsection 64(1); (h) designating, as a violation that may be proceeded with under Part 5, the contravention of a specified provision of this Act or the regulations; (i) classifying each violation as a minor violation, a serious violation or a very serious violation, classifying a series of minor violations as a serious violation or a very serious violation or classifying a series of serious violations as a very serious violation; (j) designating, as a violation that may be proceeded with under Part 5, the non-compliance with an agreement entered into under section 71; (k) establishing a penalty or a range of penalties in respect of a violation up to a maximum of $10,000,000; (l) if a range of penalties is established by regulations made under paragraph (k), setting out the method of establishing the amount payable as the penalty for the violation, including the criteria to be taken into account; (m) specifying the additional penalty referred to in paragraph 82(1)(b); Current to June 20, 2022 Retail Payment Activities Act PART 7 Regulations Sections 101-104 (n) respecting the service of documents under Part 5, including the manner and proof of service and the circumstances under which documents are deemed to be served; (o) respecting the keeping and retention of records; and (p) prescribing anything that by this Act is to be prescribed. Registration fee (2) A registration fee is prescribed for the purposes of subsection 29(2) if a method for determining the amount of the registration fee is prescribed. Statutory Instruments Act 102 The Statutory Instruments Act does not apply in respect of (a) an order made under section 19; (b) a directive issued under section 40; (c) an order made under section 42 or 43; (d) a notice issued under section 45; (e) a directive issued under subsection 46(2) or section 47; (f) a notice issued under section 52; (g) an order made under subsection 94(1) or (4); or (h) an order made under subsection 96(1) or (3). PART 8 Transitional Provisions Definition of transition period 103 In this Part, transition period means the period that begins on the day on which section 29 comes into force and ends on the day before the day on which subsection 25(1) comes into force. Application required 104 A payment service provider that performs or plans to perform retail payment activities during the transition period must, within the prescribed period that begins on the day on which section 29 comes into force, apply to the Bank for registration in accordance with that section. Current to June 20, 2022 Retail Payment Activities Act PART 8 Transitional Provisions Sections 104-108 Prescribed periods 105 (1) For greater certainty, a regulation that prescribes a period within which something is to be done or may be done under this Act in relation to an application for registration may distinguish between applications that are submitted during the transition period and applications that are submitted after the end of that period. Period suspended for Centre (2) If subsection 53.6(1) of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act, as enacted by section 181 of the Budget Implementation Act, 2021, No. 1, comes into force before or during the transition period, the 30-day period referred to in that subsection is, in relation to an application for registration that is submitted during the transition period, suspended until the end of the transition period. Prohibition on disclosure of outcome of application 106 During the transition period, the Bank must not disclose the outcome or likely outcome of an application to the applicant unless a directive in relation to the applicant is issued to the Bank under section 40. Exception to subsection 62(1) 107 Despite subsection 62(1), the Bank may publish the names of applicants that submit applications during the transition period as well as any prescribed information in relation to those applications. Non-application of section 23 108 Starting on the day on which section 23 comes into force, that section does not apply to a payment service provider who submits an application during the transition period until the earlier of (a) the day on which the Bank notifies the payment service provider under subsection 25(2) that it has been registered; and (b) the day on which the Bank notifies the payment service provider under subsection 48(3) or section 49 of a refusal to register. Current to June 20, 2022

CONSOLIDATION Rouge National Urban Park Act S.C. 2015, c. 10 Current to June 20, 2022 Last amended on February 1, 2019 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (2) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. Inconsistencies in Acts (2) In the event of an inconsistency between a consolidated statute published by the Minister under this Act and the original statute or a subsequent amendment as certified by the Clerk of the Parliaments under the Publication of Statutes Act, the original statute or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. The last amendments came into force on February 1, 2019. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 Last amended on February 1, 2019 TABLE OF PROVISIONS An Act respecting the Rouge National Urban Park Short Title 1 Short title Interpretation 2 Definitions Her Majesty 3 Binding on Her Majesty Park Established 4 Park established Management of the Park 5 Management by Minister Factors to be considered National historic sites Advisory committee Management plan Public consultation Agreements Clearing of land for installation or maintenance of infrastructure Park Lands 13 Public lands Amendment to schedule No disposition without authority Authority to dispose Pollution Clean-up 17 Mitigation of risks Prohibited Activities 18 Definitions Current to June 20, 2022 Last amended on February 1, 2019 ii Rouge National Urban Park TABLE OF PROVISIONS Agricultural Activities 19 For greater certainty Regulations 20 Regulations Land claims agreements Incorporation by reference Enforcement 23 Designation of park wardens Designation of enforcement officers Contraventions Act Certificate of designation and oath Right of passage Immunity Arrest without warrant Search and seizure Custody of things seized Liability for costs Offences and Penalties 33 Offence Offences involving more than one animal, plant or object Due diligence defence Determination of small revenue corporation status Fundamental purpose of sentencing Sentencing principles Relief from minimum fine Additional fine Notice to shareholders Liability of directors, officers, etc., of corporations Forfeiture Disposition by Minister Application of fines Orders of court Compensation for loss of property Compensation for cost of remedial or preventive action Limitation period Current to June 20, 2022 Last amended on February 1, 2019 iv Rouge National Urban Park TABLE OF PROVISIONS Contraventions Act Publication of information about contraventions Review Non-Application of Statutory Instruments Act 53 Statutory Instruments Act Claim in Respect of Aboriginal Rights 54 Aboriginal resource harvesting Consequential Amendments Canada Lands Surveys Act Parks Canada Agency Act Species at Risk Act Environmental Violations Administrative Monetary Penalties Act Coming into Force *62 Order in council SCHEDULE Rouge National Urban Park Current to June 20, 2022 Last amended on February 1, 2019 v S.C. 2015, c. 10 An Act respecting the Rouge National Urban Park [Assented to 23rd April 2015] Preamble Whereas the Rouge Valley contains some of the last remnants of the Carolinian forest in Canada, significant geological features and a combination of diverse habitats linking Lake Ontario to the Oak Ridges Moraine; Whereas the foresight, dedication and engagement of community visionaries and various levels of government have laid the foundation for the creation of a park in the Rouge Valley, an area that is rich in natural and cultural resources and is readily accessible to the population of Canada’s largest metropolitan area; Whereas there is a unique opportunity Canadians with the natural and cultural the Rouge Valley and with the history Aboriginal inhabitants and others who landscapes; to connect heritage of of its early shaped its And whereas Parliament wishes to protect natural ecosystems and maintain native wildlife in the Rouge Valley, to provide meaningful opportunities for Canadians to experience and enjoy the diverse landscapes of the Rouge Valley, to engage local communities and businesses, Aboriginal organizations and youth, as well as other Canadians, to become stewards and ambassadors of the park, to provide a wide range of recreational, interpretive, volunteer and learning activities to attract a diverse urban population to the park, to enable youth and other visitors to connect with nature in an urban setting, Current to June 20, 2022 Last amended on February 1, 2019 Rouge National Urban Park Short Title Sections 1-2 to protect the cultural landscapes of the park and identify its heritage values to facilitate an understanding and appreciation of the history of the region, to encourage sustainable farming practices to support the preservation of agricultural lands in the park and celebrate the agricultural heritage of the region, and to promote the park as a place of discovery, enjoyment and learning, and as a gateway to all of Canada’s national protected heritage areas; Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: Short Title Short title 1 This Act may be cited as the Rouge National Urban Park Act. Interpretation Definitions 2 The following definitions apply in this Act. ecological integrity means, with respect to the Park, a condition that is determined to be characteristic of its natural region and likely to persist, including abiotic components and the composition and abundance of native species and biological communities, rates of change and supporting processes. (intégrité écologique) enforcement officer means any person designated under section 24 or belonging to a class of persons so designated. (agent de l’autorité) Minister means the Minister responsible for the Parks Canada Agency. (ministre) national historic site means a site, building or other place of national historic interest or significance that is commemorated under section 3 of the Historic Sites and Monuments Act. (lieu historique national) Current to June 20, 2022 Last amended on February 1, 2019 Rouge National Urban Park Interpretation Sections 2-6 Park means the Rouge National Urban Park, established by section 4. (parc) park warden means a person designated under section 23. (garde de parc) public lands means lands, including submerged lands, belonging to Her Majesty in right of Canada or of which the Government of Canada has the power to dispose, regardless of whether that disposal is subject to any agreement between the Government of Canada and the Government of Ontario. (terres domaniales) superintendent means a person appointed under subsection 13(1) of the Parks Canada Agency Act who holds the office of superintendent of the Park, and includes any other person appointed under that Act who is authorized by the superintendent to act on his or her behalf. (directeur) 2015, c. 10, s. 2; 2017, c. 10, s. 1. Her Majesty Binding on Her Majesty 3 This Act is binding on Her Majesty in right of Canada or a province. Park Established Park established 4 Rouge National Urban Park, which is described in the schedule, is established for the purposes of protecting and presenting, for current and future generations, the natural and cultural heritage of the Park and its diverse landscapes, promoting a vibrant farming community and encouraging Canadians to discover and connect with their national protected heritage areas. Management of the Park Management by Minister 5 The Minister is responsible for the administration, management and control of the Park, including the administration of public lands in the Park and, for that purpose, the Minister may use and occupy those lands. Factors to be considered 6 (1) Maintenance or restoration of ecological integrity, through the protection of natural resources and natural processes, must be the first priority of the Minister when considering all aspects of the management of the Park. Current to June 20, 2022 Last amended on February 1, 2019 Rouge National Urban Park Management of the Park Sections 6-9 For greater certainty (2) For greater certainty, subsection (1) does not prevent the carrying out of agricultural activities as provided for in this Act. 2015, c. 10, s. 6; 2017, c. 10, s. 2. National historic sites 7 The Minister must, in relation to any national historic site in the Park, ensure (a) that cultural resources are not impaired or under threat; (b) that cultural resources are maintained in a manner that will prevent or slow their deterioration and that any intervention carried out is in accordance with national conservation standards; and (c) that he or she does not take any action, including the making of a payment or the granting of any financial assistance or any authorization, that would have an adverse effect on cultural resources or on the communication to the public of the reasons for the commemoration of the national historic site. Advisory committee 8 The Minister may establish a committee to advise the Minister on the management of the Park. The advisory committee may include representatives from local governments, Aboriginal or regional organizations and other organizations that the Minister considers appropriate. Management plan 9 (1) Within five years after the establishment of the Park, the Minister must prepare a management plan that sets out a long-term vision for the Park and provides for management objectives and performance evaluation. The Minister must cause the management plan to be tabled in each House of Parliament. Area management approach (2) The management plan must set out a management approach, by area, that includes the following: (a) the protection and presentation of natural and cultural heritage; (b) the presentation of agricultural heritage and the encouragement of sustainable farming practices; and (c) the installation and maintenance of infrastructure, buildings and other improvements. Current to June 20, 2022 Last amended on February 1, 2019 Rouge National Urban Park Management of the Park Sections 9-13 Review of management plan (3) The Minister must review the management plan at least every 10 years and must cause any amendments to the plan to be tabled in each House of Parliament. Public consultation 10 The Minister must provide opportunities for public participation, including by Aboriginal organizations, in the development of the management plan and in relation to any other matters that the Minister considers relevant. Agreements 11 The Minister may, for the purposes of the management of the Park, enter into agreements with federal and provincial ministers and agencies, local governments, Aboriginal organizations and other persons and organizations. Clearing of land for installation or maintenance of infrastructure 12 The superintendent may issue, amend, suspend and revoke any permit or other authorization for the clearing of public lands in the Park for the purpose of installing or maintaining public infrastructure, including public utilities or transportation corridors. Park Lands Public lands 13 (1) The Minister may, in respect of public lands in the Park, enter into leases, grant easements and issue licences of occupation. Use of lands (2) Public lands in the Park in which a right or interest is held for any purpose under this Act remain part of the Park and that right or interest reverts to Her Majesty in right of Canada if those lands cease to be used for that purpose. Termination, etc. (3) The Minister may, in respect of public lands in the Park, terminate or accept the surrender of a lease and terminate or accept the relinquishment of an easement or a licence of occupation. Expropriation (4) The Expropriation Act applies in respect of the acquisition of an interest in public lands in the Park for the purposes of this Act if the holder of the interest does not Current to June 20, 2022 Last amended on February 1, 2019 Rouge National Urban Park Park Lands Sections 13-16 consent and there is no cause for termination under subsection (3). Meaning of terms (5) For the purposes of subsection (4), the Minister is deemed to be a Minister referred to in paragraph (b) of the definition Minister in subsection 2(1) of the Expropriation Act and the Parks Canada Agency is deemed to be a department named in Schedule I to the Financial Administration Act. No other expropriation (6) Despite the Expropriation Act, no interest in land may be acquired by expropriation by Her Majesty in right of Canada for the purpose of enlarging the Park. Amendment to schedule 14 (1) For the purpose of enlarging the Park, the Governor in Council may, by order, amend the schedule by altering the description of the Park, if the Governor in Council is satisfied that Her Majesty in right of Canada has title to the lands that are to be included in the Park, regardless of whether there are any charges on title. Judicial finding as to title (2) If a court of competent jurisdiction finds that Her Majesty in right of Canada does not have title to lands in the Park, the Governor in Council may, by order, amend the schedule by altering the description of the Park to remove those lands from the Park. No disposition without authority 15 It is prohibited to dispose of public lands or a right or interest in public lands in the Park, except as permitted under this Act. Authority to dispose 16 (1) Public lands or a right or interest in public lands in the Park may be disposed of to a federal or provincial authority, including the Toronto and Region Conservation Authority, or to a municipal authority, if the disposal is required for the purposes of the installation or maintenance of public infrastructure, including public utilities or transportation corridors. Restriction (2) Subsection (1) ceases to apply in respect of the transfer of the fee simple in the public lands when the total amount of lands in which fee simple has been transferred under that subsection reaches an area of 200 hectares. Current to June 20, 2022 Last amended on February 1, 2019 Rouge National Urban Park Park Lands Sections 16-18 Amendment to schedule (3) The Governor in Council may, by order, amend the schedule by altering the description of the Park to remove the lands that have been disposed of. Reversion (4) Lands disposed of under subsection (1) revert to Her Majesty in right of Canada if those lands cease to be used for the purposes for which they were disposed of. Pollution Clean-up Mitigation of risks 17 (1) If a substance that is capable of degrading the natural environment, injuring natural or cultural resources or endangering human health is discharged or deposited in the Park, any person who has charge, management or control of the substance and any person who caused or contributed to the discharge or deposit must take reasonable measures to prevent any degradation of the natural environment and any danger to natural or cultural resources or to human health that may result from the discharge or deposit. Powers of superintendent and Minister (2) If the superintendent is of the opinion that a person is not taking the required measures, the superintendent may order the person to take those measures and, if the person fails to do so, the Minister may take those measures on behalf of Her Majesty in right of Canada. Expenses of clean-up (3) A person who fails to comply with an order given by the superintendent is liable for the expenses reasonably incurred by Her Majesty in right of Canada in taking the measures, and those expenses may be recovered from that person, with costs, in proceedings brought in the name of Her Majesty in any court of competent jurisdiction. Prohibited Activities Definitions 18 (1) The following definitions apply in this section. hunt means to kill, injure, seize, capture or trap a wild animal, or to attempt to do so, and includes to pursue, stalk, track, search for, lie in wait for or shoot at a wild animal for any of those purposes. (chasser) possess includes, in relation to any person, knowingly having any thing in any place, whether or not that place Current to June 20, 2022 Last amended on February 1, 2019 Rouge National Urban Park Prohibited Activities Section 18 belongs to or is occupied by the person, for his or her own use or benefit or for that of another person. (possession) traffic means to sell, offer for sale, buy, offer to buy, exchange, give, send, transport or deliver. (trafic) wild animal means any individual of the animal kingdom that is not — or is no longer — domesticated, whether living or dead, at any developmental stage — including any egg or embryo — and any part or any derivative of such an individual. (animal sauvage) Prohibited activities (2) Except as permitted under this Act, it is prohibited to (a) traffic in a wild animal, a plant, a part of a plant, any other naturally occurring object or product of natural phenomena or a cultural, historical or archaeological resource, whether it is in the Park or has been removed from it; (b) hunt a wild animal in the Park; (c) remove a wild animal, a plant, a part of a plant or any other naturally occurring object or product of natural phenomena from the Park; (d) possess a wild animal, a plant, a part of a plant or any other naturally occurring object or product of natural phenomena that is in the Park or that has been removed from it; (e) disturb, harm or destroy a wild animal or disturb, damage or destroy a plant, a part of a plant or any other naturally occurring object or product of natural phenomena that is in the Park or that has been removed from it; (f) harvest timber in the Park; (g) explore for minerals, oil or gas, or conduct an extractive activity, including mining, in the Park; (h) dump or dispose of any substance in the Park; (i) disturb a cultural, historical or archaeological resource in the Park, remove one from it or, whether it is in the Park or has been removed from it, damage, alter, destroy or possess one; or (j) remove a park facility or other park property from the Park or, whether it is in the Park or has been Current to June 20, 2022 Last amended on February 1, 2019 Rouge National Urban Park Prohibited Activities Sections 18-20 removed from it, damage, alter or destroy a park facility or other park property. Exception — superintendent (3) Subsection (2) does not apply to the superintendent when he or she is performing his or her functions related to the management of the Park or to any other person authorized by the superintendent when they are performing those functions on the superintendent’s behalf. Exception — rescue and rehabilitation of animals (4) Subsection (2) does not apply to activities carried out by an organization whose purpose is the rescue and rehabilitation of wild animals if that organization has been authorized by the Minister to carry out those activities. Exception — recreational fishing (5) Recreational fishing is permitted in the Park, subject to any regulations that may be made under paragraph 20(1)(f). Agricultural Activities For greater certainty 19 For greater certainty, subsections 17(1) and 18(2) do not prevent the carrying out of agricultural activities by a lessee of public lands in the Park in accordance with their lease. Regulations Regulations 20 (1) The Governor in Council may make regulations respecting (a) the preservation, control and management of the Park; (b) the protection of flora, fauna, soil, waters, fossils, natural features and air quality; (c) the protection, management, acquisition, disposition, disturbance, altering, removal or destruction of cultural, historical or archaeological resources; (d) the taking of specimens of flora or fauna for scientific or propagation purposes, and the destruction or Current to June 20, 2022 Last amended on February 1, 2019 Rouge National Urban Park Regulations Section 20 removal of dangerous or superabundant flora or fauna; (e) the authorization of the use of lands in the Park, and the use or removal of flora and other natural objects, by Aboriginal people for traditional spiritual or ceremonial purposes; (f) the management and regulation of fishing; (g) the prevention and remedying of any pollution of land or water or any obstruction of waterways; (h) the prevention and extinguishment of fires in the Park or threatening the Park; (i) the issuance, amendment and termination of leases, licences of occupation and easements or servitudes, and the acceptance of the surrender of leases and the relinquishment of licences of occupation and easements or servitudes, of or over public lands in the Park; (j) the restriction or prohibition of activities in the Park and the control of the use of resources and facilities in the Park; (k) the establishment, operation, maintenance and administration and use of works and services of a public character, such as water, sewage, electricity, telephone, gas, fire protection and garbage removal and disposal; (l) the establishment, maintenance, administration and use of roads, streets, highways, parking areas, sidewalks, streetworks, trails, wharves, docks, bridges and other improvements, and the circumstances under which they must be open or may be closed to public traffic or use; (m) the control of traffic on roads, streets and highways and elsewhere in the Park, including the regulation of the speed, operation and parking of vehicles; (n) the control of the location, standards, design, materials, construction, maintenance, removal and demolition of buildings, structures, facilities, signs and other improvements and the establishment of zones governing uses of land and buildings; (o) the control of agriculture, businesses, trades, occupations, amusements, sports and other activities or undertakings, and the places where those activities or undertakings may be carried on; (p) the preservation of public health and the prevention of disease; Current to June 20, 2022 Last amended on February 1, 2019 Rouge National Urban Park Regulations Section 20 (q) the inspection of buildings, structures, facilities and other improvements for the purpose of the enforcement of regulations made under paragraphs (n) to (p); (r) the abatement and prevention of nuisances; (s) the use, transportation and storage of pesticides and other toxic substances; (t) public safety, including the control of firearms; (u) the control of domestic animals, including the impounding or destruction of such animals found at large; (v) the control of access to the Park by aircraft; (w) the summary removal from the Park, by park wardens or enforcement officers, of persons found contravening specified provisions of this Act, the regulations or the Criminal Code, and the exclusion from the Park for prescribed periods of those persons or persons convicted of offences under those provisions; (x) the acquisition or the sale of souvenirs, consumer articles and publications; and (y) the removal of private property and the disposal of abandoned property. Superintendent’s powers (2) Regulations made under this section may authorize the superintendent, in the circumstances and subject to the limits that may be specified in the regulations, (a) to vary any requirement of the regulations for purposes of public safety or the protection of natural, cultural, historical or archaeological resources in the Park; (b) to issue, amend, suspend and revoke permits, licences and other authorizations in relation to any matter that is the subject of the regulations and to set their terms and conditions; and Current to June 20, 2022 Last amended on February 1, 2019 Rouge National Urban Park Regulations Sections 20-22 (c) to order the taking of any action to counter any threat to public health or to remedy the consequences of any breach of the regulations. Land claims agreements 21 (1) The Governor in Council may make regulations respecting the carrying on of traditional renewable resource harvesting activities in any area of the Park in the case where an agreement for the settlement of an Aboriginal land claim entered into by the Government of Canada makes provision for those activities in that area or where Aboriginal people have existing Aboriginal or treaty rights to those activities in that area. Variation by superintendent (2) Regulations made under this section may authorize the superintendent, in the circumstances and subject to the limits that may be specified in the regulations, to vary any requirement of the regulations for purposes of public safety or the protection of natural, cultural, historical or archaeological resources in the Park. Incorporation by reference 22 (1) Regulations made under this Act may incorporate by reference any documents produced by a person or body other than the Minister or the superintendent. Reproduced or translated material (2) Regulations made under this Act may incorporate by reference documents that the Minister or the superintendent reproduces or translates from documents produced by a body or person other than the Minister or the superintendent (a) with any adaptations of form and reference that will facilitate their incorporation into the regulations; or (b) in a form that sets out only the parts of them that apply for the purposes of the regulations. Jointly produced documents (3) Regulations made under this Act may incorporate by reference documents that the Minister or the superintendent produces jointly with another government for the purpose of harmonizing the regulations with other laws. Internally produced standards (4) Regulations made under this Act may incorporate by reference technical or explanatory documents that the Minister or the superintendent produces, including (a) specifications, classifications, illustrations, graphs or other information of a technical nature; and Current to June 20, 2022 Last amended on February 1, 2019 Rouge National Urban Park Regulations Sections 22-23 (b) test methods, procedures, operational standards, safety standards or performance standards of a technical nature. Incorporation as amended from time to time (5) Documents may be incorporated by reference as amended from time to time. For greater certainty (6) Subsections (1) to (5) are for greater certainty and do not limit any authority to make regulations incorporating material by reference that exists apart from those subsections. Accessibility (7) The Minister must ensure that any document that is incorporated by reference in the regulations is accessible. Defence (8) A person is not liable to be found guilty of an offence or subjected to an administrative sanction for any contravention in respect of which a document that is incorporated by reference in the regulations is relevant unless, at the time of the alleged contravention, the document was accessible as required by subsection (7) or it was otherwise accessible to the person. No registration or publication (9) For greater certainty, a document that is incorporated by reference in the regulations is not required to be transmitted for registration or published in the Canada Gazette by reason only that it is incorporated by reference. Enforcement Designation of park wardens 23 The Minister may designate persons appointed under the Parks Canada Agency Act whose duties include law enforcement to be park wardens for the enforcement of the provisions of this Act and the regulations and for the preservation and maintenance of the public peace in the Park, and for those purposes park wardens are peace officers within the meaning of the Criminal Code. Current to June 20, 2022 Last amended on February 1, 2019 Rouge National Urban Park Enforcement Sections 24-28 Designation of enforcement officers 24 The Minister may designate persons or classes of persons who are employed in the federal public administration or by a provincial, municipal or local authority or an Aboriginal government and whose duties include law enforcement to be enforcement officers for the purposes of the enforcement of specified provisions of this Act or the regulations, and for those purposes enforcement officers have the powers of, and are entitled to the protection provided by law to, peace officers within the meaning of the Criminal Code. Contraventions Act 25 (1) The Minister may designate persons or classes of persons employed in the federal public administration or by a provincial, municipal or local authority or an Aboriginal government for the purpose of the enforcement of the provisions of this Act and the regulations that relate to offences that have been designated as contraventions under the Contraventions Act. Limitations regarding designations (2) The Minister may specify that a designation is in respect of all or specified offences under this Act that have been designated as contraventions under the Contraventions Act. Certificate of designation and oath 26 (1) Every park warden and enforcement officer and every person designated under section 25 must be provided with a certificate of designation in a form approved by the Minister and must take and subscribe an oath prescribed by the Minister. Limitations must be specified (2) The certificate must specify the limitations, if any, to which the designation is subject. Right of passage 27 In the discharge of their duties, park wardens and enforcement officers and any persons accompanying them may enter on and pass through or over private property without being liable for doing so and without any person having the right to object to that use of the property. Immunity 28 Park wardens and enforcement officers are not personally liable for any thing done or omitted to be done in good faith in the exercise or performance of their powers, duties or functions under this Act. Current to June 20, 2022 Last amended on February 1, 2019 Rouge National Urban Park Enforcement Sections 28-30 Arrest without warrant 29 A park warden or enforcement officer may, in accordance with the Criminal Code, arrest without warrant any person (a) whom the warden or officer finds committing an offence under this Act; or (b) who the warden or officer believes, on reasonable grounds, has committed or is about to commit an offence under this Act. Search and seizure 30 (1) A park warden or enforcement officer may (a) enter and search any place and open and examine any package or receptacle in accordance with a warrant issued under subsection (2) at any time during the day or, if so specified in the warrant, during the night; and (b) seize any thing that the warden or officer believes on reasonable grounds is a thing described in subsection (2). Authority to issue warrant (2) A justice of the peace may, on ex parte application, issue a warrant authorizing a park warden or enforcement officer named in the warrant to, subject to any conditions specified in it, enter and search any place, including any building or any vehicle, vessel or other conveyance, or open and examine any package or receptacle, if the justice of the peace is satisfied by information on oath that there are reasonable grounds to believe that there is in the place, package or receptacle (a) any thing in relation to which there are reasonable grounds to believe an offence under this Act has been committed; or (b) any thing that there are reasonable grounds to believe will afford evidence with respect to the commission of such an offence. Warrant not necessary (3) A park warden or enforcement officer may exercise any powers under subsection (1) without a warrant if the conditions for obtaining a warrant exist but by reason of exigent circumstances it would not be practical to obtain one. Current to June 20, 2022 Last amended on February 1, 2019 Rouge National Urban Park Enforcement Sections 31-33 Custody of things seized 31 (1) Subject to subsections (2) and (3) and sections 43 and 44, if a park warden or enforcement officer seizes a thing under this Act or under a warrant issued under the Criminal Code, (a) sections 489.1 and 490 of the Criminal Code apply; and (b) the warden or officer, or any person that the warden or officer designates, must retain custody of the thing, subject to any order made under section 490 of the Criminal Code. Forfeiture if ownership not ascertainable (2) If the lawful ownership of or entitlement to a seized thing cannot be ascertained within 30 days after its seizure, the thing or any proceeds of its disposition are forfeited to Her Majesty in right of Canada, if the thing was seized by a park warden or by an enforcement officer employed in the federal public administration, or to Her Majesty in right of a province, if the thing was seized by an enforcement officer employed by a provincial, municipal or local authority or an Aboriginal government. Perishable things (3) If a seized thing is perishable, the park warden or enforcement officer may dispose of it or destroy it, and any proceeds of its disposition must be paid to the lawful owner or person lawfully entitled to possession of the thing, unless proceedings under this Act are commenced within 90 days after its seizure, in which case they must be retained by the warden or officer pending the outcome of those proceedings. Liability for costs 32 If a thing is seized under this Act, the person who owned the thing at the time that it was seized, the person who had charge or control of the thing immediately before it was seized and the person who possessed it immediately before it was seized are jointly and severally, or solidarily, liable for all the costs of seizure, detention, maintenance and forfeiture, including any destruction or disposal costs, incurred by Her Majesty in right of Canada in relation to the thing in excess of any proceeds of its disposition. Offences and Penalties Offence 33 (1) Every person who contravenes subsection 17(1) is guilty of an offence and liable (a) on conviction on indictment, Current to June 20, 2022 Last amended on February 1, 2019 Rouge National Urban Park Offences and Penalties Section 33 (i) in the case of an individual, (A) for a first offence, to a fine of not less than $15,000 and not more than $1,000,000, and (B) for a second or subsequent offence, to a fine of not less than $30,000 than $2,000,000, and not more (ii) in the case of a corporation, other than one referred to in subparagraph (iii), (A) for a first offence, to a fine of not less than $500,000 and not more than $6,000,000, and (B) for a second or subsequent offence, to a fine of not less than $1,000,000 and not more than $12,000,000, and (iii) in the case of a corporation that the court has determined under section 36 to be a small revenue corporation, (A) for a first offence, to a fine of not less than $75,000 and not more than $4,000,000, and (B) for a second or subsequent offence, to a fine of not less than $150,000 and not more than $8,000,000; or (b) on summary conviction, (i) in the case of an individual, (A) for a first offence, to a fine of not less than $5,000 and not more than $300,000, and (B) for a second or subsequent offence, to a fine of not less than $10,000 and not more than $600,000, (ii) in the case of a corporation, other than one referred to in subparagraph (iii), (A) for a first offence, to a fine of not less than $100,000 and not more than $4,000,000, and (B) for a second or subsequent offence, to a fine of not less than $200,000 than $8,000,000, and and not more (iii) in the case of a corporation that the court has determined under section 36 to be a small revenue corporation, (A) for a first offence, to a fine of not less than $25,000 and not more than $2,000,000, and Current to June 20, 2022 Last amended on February 1, 2019 Rouge National Urban Park Offences and Penalties Section 33 (B) for a second or subsequent offence, to a fine of not less than $50,000 than $4,000,000. and not more Offence (2) Every person who contravenes paragraph 18(2)(a) is guilty of an offence and liable (a) on conviction on indictment, (i) in the case of an individual, (A) for a first offence, to a fine of not less than $7,500 and not more than $500,000, and (B) for a second or subsequent offence, to a fine of not less than $15,000 than $1,000,000, and not more (ii) in the case of a corporation, other than one referred to in subparagraph (iii), (A) for a first offence, to a fine of not less than $400,000 and not more than $5,000,000, and (B) for a second or subsequent offence, to a fine of not less than $800,000 than $10,000,000, and and not more (iii) in the case of a corporation that the court has determined under section 36 to be a small revenue corporation, (A) for a first offence, to a fine of not less than $25,000 and not more than $3,000,000, and (B) for a second or subsequent offence, to a fine of not less than $50,000 than $6,000,000; or and not more (b) on summary conviction, (i) in the case of an individual, (A) for a first offence, to a fine of not less than $4,000 and not more than $225,000, and (B) for a second or subsequent offence, to a fine of not less than $450,000, than $8,000 and not more (ii) in the case of a corporation, other than one referred to in subparagraph (iii), (A) for a first offence, to a fine of not less than $50,000 and not more than $3,000,000, and Current to June 20, 2022 Last amended on February 1, 2019 Rouge National Urban Park Offences and Penalties Section 33 (B) for a second or subsequent offence, to a fine of not less than $100,000 than $6,000,000, and and not more (iii) in the case of a corporation that the court has determined under section 36 to be a small revenue corporation, (A) for a first offence, to a fine of not less than $15,000 and not more than $1,250,000, and (B) for a second or subsequent offence, to a fine of not less than $30,000 than $2,500,000. and not more Offence (3) Every person who contravenes any of paragraphs 18(2)(b) to (j), any provision of the regulations or any condition of a permit, licence or other authorization issued under the regulations or under section 12 is guilty of an offence and liable (a) on conviction on indictment, (i) in the case of an individual, (A) for a first offence, to a fine of not more than $100,000, and (B) for a second or subsequent offence, to a fine of not more than $200,000, (ii) in the case of a corporation, other than one referred to in subparagraph (iii), (A) for a first offence, to a fine of not more than $500,000, and (B) for a second or subsequent offence, to a fine of not more than $1,000,000, and (iii) in the case of a corporation that the court has determined under section 36 to be a small revenue corporation, (A) for a first offence, to a fine of not more than $250,000, and (B) for a second or subsequent offence, to a fine of not more than $500,000; or (b) on summary conviction, (i) in the case of an individual, (A) for a first offence, to a fine of not more than $25,000, and Current to June 20, 2022 Last amended on February 1, 2019 Rouge National Urban Park Offences and Penalties Sections 33-34 (B) for a second or subsequent offence, to a fine of not more than $50,000, (ii) in the case of a corporation, other than one referred to in subparagraph (iii), (A) for a first offence, to a fine of not more than $250,000, and (B) for a second or subsequent offence, to a fine of not more than $500,000, and (iii) in the case of a corporation that the court has determined under section 36 to be a small revenue corporation, (A) for a first offence, to a fine of not more than $50,000, and (B) for a second or subsequent offence, to a fine of not more than $100,000. Offences involving more than one animal, plant or object 34 (1) If an offence involves more than one wild animal, plant or object, the fine to be imposed in respect of that offence may, despite section 33, be the total of the fines that would have been imposed if each of the wild animals, plants or objects had been the subject of a separate information. Continuing offences (2) If an offence is committed or continued on more than one day, it constitutes a separate offence for each day on which it is committed or continued. Deeming — second and subsequent offence (3) For the purposes of section 33, a conviction for a particular offence under this Act is deemed to be a conviction for a second or subsequent offence if the court is satisfied that the offender has been previously convicted of a substantially similar offence under federal or provincial legislation that relates to environmental or wildlife protection or conservation or to the protection of natural, cultural, historical or archaeological resources. Limitation (4) For the purposes of subsection (3), only previous convictions on indictment or on summary conviction, or under any similar procedure under any Act of the legislature of a province, are to be considered as previous convictions. Current to June 20, 2022 Last amended on February 1, 2019 Rouge National Urban Park Offences and Penalties Sections 34-38 Due diligence defence 35 A person is not to be found guilty of an offence under this Act if they establish that they exercised due diligence to prevent its commission. Determination of small revenue corporation status 36 For the purpose of section 33, a court may determine a corporation to be a small revenue corporation if the court is satisfied that the corporation’s gross revenues for the 12 months immediately before the day on which the subject matter of the proceedings arose — or, if it arose on more than one day, for the 12 months immediately before the first day on which the subject matter of the proceedings arose — were not more than $5,000,000. Fundamental purpose of sentencing 37 The fundamental purpose of sentencing for offences under this Act is to contribute to respect for the law establishing and protecting the Park through the imposition of just sanctions that have as their objectives (a) to deter the offender and any other person from committing offences under this Act; (b) to denounce unlawful conduct that damages or creates a risk of damage to the Park; and (c) to restore resources in the Park. Sentencing principles 38 (1) In addition to the principles and factors that the court is otherwise required to consider, including those set out in sections 718.1 to 718.21 of the Criminal Code, the court must consider the following principles when sentencing a person who is convicted of an offence under this Act: (a) the amount of the fine should be increased to account for every aggravating factor associated with the offence, including the aggravating factors set out in subsection (2); and (b) the amount of the fine should reflect the gravity of each aggravating factor associated with the offence. Aggravating factors (2) The aggravating factors are the following: (a) the offence caused damage or risk of damage to resources in the Park; Current to June 20, 2022 Last amended on February 1, 2019 Rouge National Urban Park Offences and Penalties Section 38 (b) the offence caused damage or risk of damage to any unique, rare, particularly important or vulnerable resources in the Park; (c) the damage caused by the offence is extensive, persistent or irreparable; (d) the offender committed the offence intentionally or recklessly; (e) by committing the offence or failing to take action to prevent its commission, the offender increased their revenue or decreased their costs or intended to increase their revenue or decrease their costs; (f) the offender committed the offence despite having been warned by the superintendent, a park warden or an enforcement officer of the circumstances that subsequently became the subject of the offence; (g) the offender has a history of non-compliance with federal or provincial legislation that relates to environmental or wildlife protection or conservation or to the protection of natural, cultural, historical or archaeological resources; and (h) after the commission of the offence, the offender (i) attempted to conceal its commission, (ii) failed to take prompt action to prevent, mitigate or remediate its effects, or (iii) failed to take prompt action to reduce the risk of committing similar offences in the future. Absence of aggravating factor (3) The absence of an aggravating factor set out in subsection (2) is not a mitigating factor. Meaning of damage (4) For the purposes of paragraphs (2)(a) to (c), damage includes loss of use value and non-use value. Reasons (5) If the court is satisfied of the existence of one or more of the aggravating factors set out in subsection (2) but decides not to increase the amount of the fine because of that factor, it must give reasons for that decision. Current to June 20, 2022 Last amended on February 1, 2019 Rouge National Urban Park Offences and Penalties Sections 39-43 Relief from minimum fine 39 The court may impose a fine that is less than the minimum amount provided for in section 33 if it is satisfied, on the basis of evidence submitted to the court, that the minimum fine would cause undue financial hardship. The court must provide reasons if it imposes a fine that is less than the minimum amount provided for in that section. Additional fine 40 If a person is convicted of an offence under this Act and the court is satisfied that, as a result of the commission of the offence, the person acquired any property, benefit or advantage, the court must order the person to pay an additional fine in an amount of money equal to the court’s estimation of the value of that property, benefit or advantage. The additional fine may exceed the maximum amount of any fine that may otherwise be imposed under this Act. Notice to shareholders 41 If a corporation that has shareholders is convicted of an offence under this Act, the court must make an order directing the corporation to notify its shareholders, in the manner and within the time directed by the court, of the facts relating to the commission of the offence and of the details of the punishment imposed. Liability of directors, officers, etc., of corporations 42 (1) If a corporation commits an offence under this Act, any director, officer, agent or mandatary of the corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to and guilty of the offence and is liable on conviction to the penalty provided for by this Act for an individual in respect of the offence committed by the corporation, whether or not the corporation has been prosecuted or convicted. Duties of directors and officers of corporations (2) Every director and officer of a corporation must take all reasonable care to ensure that the corporation complies with (a) this Act; and (b) orders made by a court or the superintendent under this Act. Forfeiture 43 (1) If a person is convicted of an offence, the court may, in addition to any punishment imposed, order that Current to June 20, 2022 Last amended on February 1, 2019 Rouge National Urban Park Offences and Penalties Sections 43-46 any seized thing, or any proceeds of its disposition, be forfeited to Her Majesty in right of Canada. Return if no forfeiture ordered (2) If the court does not order the forfeiture, the seized thing or the proceeds of its disposition must be returned or paid to its owner or the person lawfully entitled to it. Retention or sale (3) If a fine is imposed on a person convicted of an offence, any seized thing, or any proceeds of its disposition, may be retained until the fine is paid or the thing may be sold in satisfaction of the fine and the proceeds applied, in whole or in part, in payment of the fine. Disposition by Minister 44 Any seized thing that has been forfeited under this Act to Her Majesty in right of Canada or abandoned by its owner may be dealt with and disposed of as the Minister may direct. Application of fines 45 (1) All fines received by the Receiver General in respect of the commission of an offence under this Act, other than fines collected under the Contraventions Act, are to be credited to the Environmental Damages Fund, an account in the accounts of Canada, and used for purposes related to protecting, conserving or restoring the Park or for administering that Fund. Recommendations of court (2) The court imposing the fine may recommend to the Minister that all or a portion of the fine credited to the Environmental Damages Fund be paid to a person or organization specified by the court for a purpose referred to in subsection (1). Orders of court 46 (1) If a person is convicted of an offence under this Act, the court may, in addition to any punishment imposed and having regard to the nature of the offence and the circumstances surrounding its commission, make an order having any or all of the following effects: (a) prohibiting the person from doing any act or engaging in any activity that may, in the opinion of the court, result in the continuation or repetition of the offence; (b) directing the person to take any action that the court considers appropriate to remedy or avoid any Current to June 20, 2022 Last amended on February 1, 2019 Rouge National Urban Park Offences and Penalties Section 46 damage to any resources in the Park that resulted or may result from the commission of the offence; (c) directing the person to compensate any person, monetarily or otherwise, in whole or in part, for the cost of any remedial or preventive action that is taken, that is caused to be taken or that is to be taken as a result of the act or omission that constituted the offence, including the costs of assessing the appropriate remedial or preventive action; (d) directing the person to post a bond or pay into court an amount of money that the court considers appropriate for the purpose of ensuring compliance with any prohibition, direction or requirement mentioned in this section; (e) directing the person to prepare and implement a pollution prevention plan or an environmental emergency plan; (f) directing the person to carry out, in the manner established by the Minister, monitoring of the environmental effects of any activity or works on resources in the Park or directing the person to pay, in the manner specified by the court, an amount of money for that purpose; (g) directing the person to implement an environmental management system approved by the Minister; (h) directing the person to have an environmental audit conducted by a person of a class specified by the Minister at the times specified by the Minister and to remedy any deficiencies revealed during the audit; (i) directing the person to pay to Her Majesty in right of Canada an amount of money that the court considers appropriate for the purpose of promoting the protection, conservation or restoration of the Park; (j) directing the person to publish, in the manner specified by the court, the facts relating to the commission of the offence and the details of the punishment imposed, including any orders made under this subsection; (k) directing the person to notify, at the person’s own cost and in the manner specified by the court, any person aggrieved or affected by the person’s conduct of the facts relating to the commission of the offence and of the details of the punishment imposed, including any orders made under this subsection; (l) directing the person to submit to the Minister, if requested to do so by the Minister at any time within three years after the date of conviction, any Current to June 20, 2022 Last amended on February 1, 2019 Rouge National Urban Park Offences and Penalties Section 46 information with respect to the person’s activities that the court considers appropriate in the circumstances; (m) directing the person to perform community service, subject to any reasonable conditions that are imposed in the order; (n) directing the person to pay, in the manner specified by the court, an amount of money to enable research to be conducted into the protection, conservation or restoration of the Park; (o) requiring the person to surrender to the Minister any permit, licence or other authorization issued to the person under this Act; (p) prohibiting the person from applying for any new permit, licence or other authorization under this Act during any period that the court considers appropriate; (q) directing the person to pay, in the manner specified by the court, an amount of money to environmental or other groups, to assist in their work related to the Park; (r) directing the person to pay, in the manner specified by the court, an amount of money to an educational institution, including for scholarships for students enrolled in studies related to the environment; and (s) requiring the person to comply with any other conditions that the court considers appropriate. Suspended sentence (2) If a person is convicted of an offence under this Act and the court suspends the passing of sentence under paragraph 731(1)(a) of the Criminal Code, the court may, in addition to any probation order made under that paragraph, make an order referred to in subsection (1). Imposition of sentence (3) If a person does not comply with an order made under subsection (2) or is convicted of another offence, the court may, within three years after the order was made, on the application of the prosecution, impose any sentence that could have been imposed if the passing of sentence had not been suspended. Publication (4) If a person fails to comply with an order made under paragraph (1)(j), the Minister may, in the manner that the court directed the person to do so, publish the facts relating to the commission of the offence and the details Current to June 20, 2022 Last amended on February 1, 2019 Rouge National Urban Park Offences and Penalties Sections 46-47 of the punishment imposed and recover the costs of publication from the person. Debt due to Her Majesty (5) If the court makes an order under paragraph (1)(c) or (i) directing a person to pay an amount of money to Her Majesty in right of Canada, or if the Minister incurs publication costs under subsection (4), the amount or the costs, as the case may be, constitute a debt due to Her Majesty in right of Canada and may be recovered in any court of competent jurisdiction. Enforcement (6) If the court makes an order under paragraph (1)(c) directing a person to pay an amount of money to any person other than Her Majesty in right of Canada and the amount is not paid without delay, that other person may, by filing the order, enter as a judgment, in the superior court of the province in which the trial was held, the amount ordered to be paid, and that judgment is enforceable against the person who was directed to pay the amount in the same manner as if it were a judgment rendered against the offender in that court in civil proceedings. Cancellation or suspension of permits, etc. (7) If the court makes an order under paragraph (1)(o), any permit, licence or other authorization to which the order relates is cancelled unless the court makes an order suspending it for any period that the court considers appropriate. Coming into force and duration of order (8) An order made under subsection (1) comes into force on the day on which it is made or on any other day that the court may determine and must not continue in force for more than three years after that day unless the court provides otherwise in the order. Compensation for loss of property 47 (1) If a person has been convicted of an offence under this Act, the court may, at the time sentence is imposed and on the application of the person aggrieved, order the offender to pay to the aggrieved person an amount of money by way of satisfaction or compensation for loss of or damage to property suffered by that person as a result of the commission of the offence. Enforcement (2) If the amount ordered to be paid under subsection (1) is not paid without delay, the aggrieved person may, by filing the order, enter as a judgment, in the superior court of the province in which the trial was held, the Current to June 20, 2022 Last amended on February 1, 2019 Rouge National Urban Park Offences and Penalties Sections 47-51 amount ordered to be paid, and that judgment is enforceable against the offender in the same manner as if it were a judgment rendered against the offender in that court in civil proceedings. Compensation for cost of remedial or preventive action 48 (1) A court must not, under paragraph 46(1)(c), order a person convicted of an offence to compensate another person for the cost of any remedial or preventive action referred to in that paragraph if the other person is entitled to make a claim for compensation for that cost under the Marine Liability Act. Compensation for loss or damage — property (2) A court must not, under subsection 47(1), order a person convicted of an offence to pay to another person an amount of money by way of satisfaction or compensation for loss of or damage to property if the other person is entitled to make a claim for compensation for that loss or damage under the Marine Liability Act. Limitation period 49 No proceedings by way of summary conviction in respect of an offence under this Act may be instituted more than five years after the day on which the subject matter of the proceedings arose, unless the prosecutor and the defendant agree that they may be instituted after the five years. Contraventions Act 50 If an offence under this Act is designated as a contravention under the Contraventions Act, subsection 8(5) of that Act does not apply in respect of the fine that may be established for that contravention. Publication of information about contraventions 51 (1) For the purpose of encouraging compliance with this Act, the Minister must publish, in a registry accessible to the public, information about all convictions of corporations for offences under this Act. Retention (2) Information in the registry is to be maintained for a minimum of five years. Current to June 20, 2022 Last amended on February 1, 2019 Rouge National Urban Park Offences and Penalties Sections 52-59 Review 52 (1) The Minister must, 10 years after the day on which this section comes into force and every 10 years after that, undertake a review of sections 33 to 51. Report to Parliament (2) The Minister must, no later than one year after the day on which the review is undertaken, cause a report on the review to be tabled in each House of Parliament. Non-Application of Statutory Instruments Act Statutory Instruments Act 53 The Statutory Instruments Act does not apply to a permit, licence or other authorization issued under this Act. Claim in Respect of Aboriginal Rights Aboriginal resource harvesting 54 If an area of the Park is subject to a claim in respect of Aboriginal rights that has been accepted for negotiation by the Government of Canada, nothing in this Act precludes the carrying on of traditional renewable resource harvesting activities in that area by the Aboriginal people who have made that claim. Consequential Amendments Canada Lands Surveys Act 55 [Amendments] Parks Canada Agency Act 56 [Amendment] 57 [Amendment] 58 [Amendment] 59 [Amendment] Current to June 20, 2022 Last amended on February 1, 2019 Rouge National Urban Park Consequential Amendments Species at Risk Act Sections 60-62 Species at Risk Act 60 [Amendment] Environmental Violations Administrative Monetary Penalties Act 61 [Amendments] Coming into Force Order in council 62 The provisions of this Act come into force on a day or days to be fixed by order of the Governor in Council. * * [Note: Act in force May 15, 2015, see SI/2015-37.] Current to June 20, 2022 Last amended on February 1, 2019 Rouge National Urban Park SCHEDULE Rouge National Urban Park SCHEDULE (Sections 4 and 14 and subsection 16(3)) Rouge National Urban Park City of Markham 1 In the Province of Ontario, in the Geographic Township of Markham, now City of Markham, all of those lands, including all mines and minerals, more particularly described as follows: First; Parcel 1 on Plan 102393 recorded in the Canada Lands Survey Records at Ottawa, being part of the West half of Lot 31, Concession 9, containing 17.07 ha, or 0.1707 km2, more or less; Second; Parcel 1 on Plan 102394 recorded in the Canada Lands Survey Records at Ottawa, being part of Lots 26, 27, 28 and 29, Concession 8, containing 25.56 ha, or 0.2556 km2, more or less; Third; Parcel 1 on Plan 102395 recorded in the Canada Lands Survey Records at Ottawa, being part of Lots 18, 19 and 20, Concession 9, containing 163.30 ha, or 1.6330 km2, more or less; Fourth; Parcels 1, 2, 3 and 4 on Plan 105195 recorded in the Canada Lands Survey Records at Ottawa, being part of Lots 26, 27, 28, 29 and part of the East 3/4 of Lot 30, Concession 8, and part of Lots 26, 27, 28, 29 and 30, Concession 9, and all of Lots 26, 27, 28, 29 and 30, Concession 10, containing 773.68 ha, or 7.7368 km2, more or less; Fifth; Parcels 1 and 2 on Plan 105196 recorded in the Canada Lands Survey Records at Ottawa, being part of Lots 21, 22, 23, 24 and 25, Concession 9, and all of Lots 21, 22 and 23 and all of South Half of Lot 24, all of North Half of Lot 24, all of West Half of Lot 25 and all of East Part of Lot 25, Concession 10, containing 678 ha, or 6.78 km2, more or less; Sixth; Parcel 1 on Plan 105197 recorded in the Canada Lands Survey Records at Ottawa, being part of Lot 17 and all of Lots 18, 19 and 20, Concession 10, containing 217 ha, or 2.17 km2, more or less. Current to June 20, 2022 Last amended on February 1, 2019 Rouge National Urban Park SCHEDULE Rouge National Urban Park Seventh; Parcel 2 on Plan 107544 recorded in the Canada Lands Survey Records at Ottawa, being part of Lot 16, Concession 10, containing 34.9 ha, or 0.349 km2, more or less; Eighth; Parcels 3 and 4 on Plan 107552 recorded in the Canada Lands Survey Records at Ottawa, being part of Lots 13, 14 and 15, Concession 10, containing 103.9 ha, or 1.039 km2, more or less; Ninth; Parcels 2 and 3 on Plan 107553 recorded in the Canada Lands Survey Records at Ottawa, being part of Lots 11, 12 and 13, Concession 10, containing 59.8 ha, or 0.598 km2, more or less; Tenth; Parcels 2 and 4 on Plan 107554 recorded in the Canada Lands Survey Records at Ottawa, being part of Lots 9 and 10, Concession 10, containing 33.63 ha, or 0.3363 km2, more or less; Eleventh; Parcels 2, 4 and 5 on Plan 107548 recorded in the Canada Lands Survey Records at Ottawa, being part of Lots 6, 7, 8 and 9, Concessions 10 and 11 and part of Lot 7, Concession 9, containing 139.9 ha, or 1.399 km2, more or less; Twelfth; Parcels 4, 5 and 6 on Plan 107547 recorded in the Canada Lands Survey Records at Ottawa, being part of Lots 2, 3, 4 and 5, Concessions 10 and 11 and part of Lot 1, Concession 11, containing 244.7 ha, or 2.447 km2, more or less. City of Pickering 2 In the Province of Ontario, in the Geographic Township of Pickering, now City of Pickering, all of those lands, including all mines and minerals, more particularly described as follows: First; Parcels 1 to 8 on Plan 107432 recorded in the Canada Lands Survey Records at Ottawa, being part of Lots 22 to 35, Concession 9, containing 933 ha, or 9.33 km2, more or less; Second; Parcels 1 to 3 on Plan 107431 recorded in the Canada Lands Survey Records at Ottawa, being part of Lots 28 to 31, all of Lot 32, part of Lots 33 to 35, part of the road Current to June 20, 2022 Last amended on February 1, 2019 Rouge National Urban Park SCHEDULE Rouge National Urban Park allowances between Lots 28 and 29, 30 and 31 and 32 and 33, Concession 8, containing 550 ha, or 5.50 km2, more or less; Third; Parcels 1 and 2 on Plan 107430 recorded in the Canada Lands Survey Records at Ottawa being part of Lots 33 and 34, and all of Lot 35, Concession 7, containing 173 ha, or 1.73 km2, more or less. Geographic Township of Uxbridge 3 In the Province of Ontario, in the Geographic Township of Uxbridge, all of those lands, including all mines and minerals, more particularly described as follows: Parcels 1 and 2 on Plan 107433 recorded in the Canada Lands Survey Records at Ottawa, being part of Lots 1 to 5, Concession 1, all of Lot 1 and part of Lots 2, 3, 4 and 5, Concession 2, containing 404 ha, or 4.04 km2, more or less. 2015, c. 10, Sch.; 2017, c. 10, s. 3; SOR/2019-39, s. 1. Current to June 20, 2022 Last amended on February 1, 2019

CONSOLIDATION Restoring Mail Delivery for Canadians Act S.C. 2011, c. 17 Current to June 20, 2022 Last amended on June 27, 2011 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (2) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence 31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. Inconsistencies in Acts (2) In the event of an inconsistency between a consolidated statute published by the Minister under this Act and the original statute or a subsequent amendment as certified by the Clerk of the Parliaments under the Publication of Statutes Act, the original statute or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. The last amendments came into force on June 27, 2011. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 Last amended on June 27, 2011 TABLE OF PROVISIONS An Act to provide for the resumption and continuation of postal services Short Title 1 Short title Interpretation 2 Definitions Postal Services 3 Resumption or continuation of postal services Prohibitions Obligations Extension of Collective Agreement 6 Extension of collective agreement Strikes and lockouts prohibited Final Offer Selection 8 Appointment of arbitrator Powers and duties Obligation to provide final offer Arbitrator’s duties Proceedings prohibited New collective agreement not precluded New Collective Agreement 14 New collective agreement Salaries Amendments Costs 17 Costs Enforcement 18 Individuals Current to June 20, 2022 Last amended on June 27, 2011 ii Restoring Mail Delivery for Canadians TABLE OF PROVISIONS No imprisonment Recovery of fines Presumption Coming into Force *22 Coming into force Current to June 20, 2022 Last amended on June 27, 2011 iv S.C. 2011, c. 17 An Act to provide for the resumption and continuation of postal services [Assented to 26th June 2011] Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: Short Title Short title 1 This Act may be cited as the Restoring Mail Delivery for Canadians Act. Interpretation Definitions 2 (1) The following definitions apply in this Act. arbitrator means the arbitrator appointed under section 8. (arbitre) collective agreement means the collective agreement between the employer and the union that expired on January 31, 2011. (convention collective) employee means a person employed by the employer and bound by the collective agreement. (employé) employer means the Canada Post Corporation. (employeur) Minister means the Minister of Labour. (ministre) union means the Canadian Union of Postal Workers. (syndicat) Current to June 20, 2022 Last amended on June 27, 2011 Restoring Mail Delivery for Canadians Interpretation Sections 2-5 Words and expressions (2) Unless otherwise provided, words and expressions used in this Act have the same meaning as in Part I of the Canada Labour Code. Postal Services Resumption or continuation of postal services 3 On the coming into force of this Act, (a) the employer must resume without delay, or continue, as the case may be, postal services; and (b) every employee must, when so required, resume without delay, or continue, as the case may be, the duties of the employee’s employment. Prohibitions 4 It is prohibited for the employer and for any officer or representative of the employer to (a) in any manner impede any employee from complying with paragraph 3(b); or (b) discharge or in any other manner discipline, or authorize or direct the discharge or discipline of, any employee by reason of the employee having been on strike before the coming into force of this Act. Obligations 5 The union and each officer and representative of the union must (a) without delay on the coming into force of this Act, give notice to the employees that, by reason of that coming into force, postal services are to be resumed or continued, as the case may be, and that the employees, when so required, are to resume without delay, or continue, as the case may be, the duties of their employment; (b) take all reasonable steps to ensure that employees comply with paragraph 3(b); and (c) refrain from any conduct that may encourage employees not to comply with paragraph 3(b). Current to June 20, 2022 Last amended on June 27, 2011 Restoring Mail Delivery for Canadians Extension of Collective Agreement Sections 6-10 Extension of Collective Agreement Extension of collective agreement 6 (1) The term of the collective agreement is extended to include the period beginning on February 1, 2011 and ending on the day on which a new collective agreement between the employer and the union comes into effect. Collective agreement binding for extended term (2) Despite anything in the collective agreement or in Part I of the Canada Labour Code, the collective agreement, as extended by subsection (1), is effective and binding on the parties to it for the period for which it is extended. However, that Part applies in respect of the collective agreement, as extended, as if that period were the term of the collective agreement. Strikes and lockouts prohibited 7 During the term of the collective agreement, as extended by subsection 6(1), it is prohibited (a) for the employer and for any officer or representative of the employer to declare or cause a lockout against the union; (b) for the union and for any officer or representative of the union to declare or authorize a strike against the employer; and (c) for an employee to participate in a strike against the employer. Final Offer Selection Appointment of arbitrator 8 The Minister must appoint as arbitrator for final offer selection a person that the Minister considers appropriate. Powers and duties 9 The arbitrator has, with any modifications that the circumstances require, all the powers and duties of an arbitrator under paragraphs 60(1)(a), (a.2), (a.3) and (a.4) and section 61 of the Canada Labour Code. Obligation to provide final offer 10 (1) Within the time and in the manner that the arbitrator may specify, the employer and the union must each submit to the arbitrator Current to June 20, 2022 Last amended on June 27, 2011 Restoring Mail Delivery for Canadians Final Offer Selection Sections 10-11 (a) a list of the matters on which the employer and the union were in agreement as of a date specified by the arbitrator, other than salaries and the term of the new collective agreement, and proposed contractual language that would give effect to those matters; (b) a list of the matters remaining in dispute on that date, other than salaries and the term of the new collective agreement; and (c) a final offer in respect of the matters referred to in paragraph (b). Contractual language (2) The final offer must be submitted with proposed contractual language that can be incorporated into the new collective agreement. Arbitrator’s duties 11 (1) Subject to section 13, within 90 days after being appointed, or within any longer period that may be specified by the Minister, the arbitrator must (a) determine the matters on which the employer and the union were in agreement as of the date specified for the purposes of paragraph 10(1)(a); (b) determine the matters remaining in dispute on that date; (c) select, in order to resolve the matters remaining in dispute, either the final offer submitted by the employer or the final offer submitted by the union; and (d) make a decision in respect of the resolution of the matters referred to in this subsection and forward a copy of the decision to the Minister, the employer and the union. Guiding principle (2) In making the selection of a final offer, the arbitrator is to be guided by the need for terms and conditions of employment that are consistent with those in comparable postal industries and that will provide the necessary degree of flexibility to ensure the short- and long-term economic viability and competitiveness of the Canada Post Corporation, maintain the health and safety of its workers and ensure the sustainability of its pension plan, taking into account (a) that the solvency ratio of the pension plan must not decline as a direct result of the new collective agreement; and (b) that the Canada Post Corporation must, without recourse to undue increases in postal rates, operate Current to June 20, 2022 Last amended on June 27, 2011 Restoring Mail Delivery for Canadians Final Offer Selection Sections 11-13 efficiently, improve productivity and meet acceptable standards of service. If no final offer submitted (3) If either the employer or the union fails to provide the arbitrator with a final offer in accordance with paragraph 10(1)(c), the arbitrator must select the final offer provided by the other party. Contractual language (4) The arbitrator’s decision must be drafted in a manner that constitutes a new collective agreement between the employer and the union and, to the extent that it is possible, incorporate the contractual language that is referred to in paragraph 10(1)(a) and that is in the final offer selected by the arbitrator. Proceedings prohibited 12 No order is to be made, no process is to be entered into and no proceeding is to be taken in court (a) to question the appointment of the arbitrator; or (b) to review, prohibit or restrain any proceeding or decision of the arbitrator. New collective agreement not precluded 13 (1) Subject to subsections (2) and (3), nothing in this Act precludes the employer and the union from entering into a new collective agreement at any time before the arbitrator makes a decision and, if they do so, the arbitrator’s duties under this Act cease as of the day on which the new collective agreement is entered into. Term (2) If the term of the new collective agreement is not identical to the term provided for in subsection 14(1), the term of the new collective agreement is deemed to be as provided for in that subsection. Salaries (3) If a salary calculated in accordance with or determined under the new collective agreement is not identical to the result of the increases referred to in section 15, the new collective agreement is deemed to provide for the salary being increased as provided for in that section. Current to June 20, 2022 Last amended on June 27, 2011 Restoring Mail Delivery for Canadians New Collective Agreement Sections 14-17 New Collective Agreement New collective agreement 14 (1) Subject to section 15 and despite anything in Part I of the Canada Labour Code, the arbitrator’s decision constitutes a new collective agreement between the employer and the union that is effective beginning on the day on which it is made and that binds the parties until January 31, 2015. However, that Part applies in respect of the new collective agreement as if it had been entered into under that Part. Coming into effect of provisions (2) The new collective agreement may provide that any of its provisions are effective and binding on a day that is before or after the day on which the new collective agreement becomes effective and binding. Salaries 15 The new collective agreement is deemed to provide for the following increases to salaries: (a) effective February 1, 2011, salaries in effect as of January 31, 2011 are increased by 1.75%; (b) effective February 1, 2012, salaries in effect as of January 31, 2012 are increased by 1.5%; (c) effective February 1, 2013, salaries in effect as of January 31, 2013 are increased by 2%; and (d) effective February 1, 2014, salaries in effect as of January 31, 2014 are increased by 2%. Amendments 16 Nothing in this Act is to be construed so as to limit or restrict the rights of the parties to agree to amend any provision of the new collective agreement, other than its term as provided for in subsection 14(1) or the salary increases referred to in section 15, and to give effect to the amendment. Costs Costs 17 All costs incurred by Her Majesty in right of Canada relating to the appointment of the arbitrator and the performance of the arbitrator’s duties under this Act are debts due to Her Majesty in right of Canada and may be recovered as such, in equal parts from the employer and the union, in any court of competent jurisdiction. Current to June 20, 2022 Last amended on June 27, 2011 Restoring Mail Delivery for Canadians Enforcement Sections 18-22 Enforcement Individuals 18 (1) An individual who contravenes any provision of this Act is guilty of an offence punishable on summary conviction and is liable, for each day or part of a day during which the offence continues, to a fine of (a) not more than $50,000 if the individual was acting in the capacity of an officer or representative of the employer or the union when the offence was committed; or (b) not more than $1,000 in any other case. Employer or union (2) If the employer or the union contravenes any provision of this Act, it is guilty of an offence punishable on summary conviction and is liable, for each day or part of a day during which the offence continues, to a fine of not more than $100,000. No imprisonment 19 Despite subsection 787(2) of the Criminal Code, no term of imprisonment is to be imposed in default of payment of a fine that is imposed under section 18. Recovery of fines 20 If a person is convicted of an offence under section 18 and the fine that is imposed is not paid when required, the prosecutor may, by filing the conviction, enter as a judgment the amount of the fine and costs, if any, in a superior court of the province in which the trial was held, and the judgment is enforceable against the person in the same manner as if it were a judgment rendered against the person in that court in civil proceedings. Presumption 21 For the purposes of this Act, the union is deemed to be a person. Coming into Force Coming into force 22 This Act comes into force on the expiry of the twenty-fourth hour after the time at which it is assented to. * * [Note: Act in force June 27, 2011.] Current to June 20, 2022 Last amended on June 27, 2011