139. Every reference to the “Canada Customs and Revenue Agency” in the following provisions is replaced by a reference to the “Canada Border Services Agency”:

• (a) paragraph 4.81(4)(b) of the Aeronautics Act;

• (b) section 44 of the Copyright Act;

• (c) section 42.1 of the Firearms Act; and

• (d) paragraph 38(1)(b) of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act.

140. Every reference to the “Commissioner of Customs and Revenue” in the following provisions is replaced by a reference to the “Commissioner of Revenue”:

• (a) in the Canada Customs and Revenue Agency Act,

  • (i) the definition “Commissioner” in section 2, and

  • (ii) section 25;

• (b) the portion of subsection 462.48(3) of the Criminal Code before paragraph (c);

• (c) subsection 97(1) of the Employment Insurance Act;

• (d) section 63 of the Energy Administration Act;

• (e) in the Income Tax Act,

  • (i) subsection 166.2(3),

  • (ii) subsections 170(1) and (2),

  • (iii) subsection 220(1), and

  • (iv) subsections 232(5) to (7); and

• (f) in the Petroleum and Gas Revenue Act,

  • (i) subsection 19(2),

  • (ii) subsections 22(2) and (3), and

  • (iii) subsection 29(1).

141. Every reference to the “Commissioner of Customs and Revenue” in the following provisions of the Customs Tariff is replaced by a reference to the “President of the Canada Border Services Agency”:

• (a) subsections 134(1) and (2); and

• (b) the List of Tariff Provisions set out in the schedule.

142. Every reference to the “Minister of National Revenue” in the following provisions is replaced by a reference to the “Solicitor General of Canada”:

• (a) in the Aeronautics Act,

  • (i) paragraph 4.81(3)(b), and

  • (ii) paragraph 4.81(4)(b);

• (b) subsection 40(1.1) of the Canada Post Act;

• (c) in the Coasting Trade Act,

  • (i) subsection 2(3),

  • (ii) subsection 4(1),

  • (iii) section 5, and

  • (iv) subsections 6(1) and (3);

• (d) the definition “Minister” in section 44.1 of the Copyright Act;

• (e) in the Customs Tariff,

  • (i) section 9,

  • (ii) subsection 16(2.1),

  • (iii) subsection 18(2),

  • (iv) subsection 19(2),

  • (v) section 88,

  • (vi) paragraph 89(3)(d),

  • (vii) subsection 89(4),

  • (viii) subsections 90(1) and (2),

  • (ix) section 91,

  • (x) section 93,

  • (xi) subsection 95(4),

  • (xii) the portion of section 99 before paragraph (a),

  • (xiii) section 100,

  • (xiv) paragraph 101(3)(b),

  • (xv) paragraph 102(a),

  • (xvi) subsection 105(2),

  • (xvii) subsections 106(1) and (3) to (5),

  • (xviii) the portion of section 108 before paragraph (a),

  • (xix) subparagraph 108(f)(ii),

  • (xx) paragraph 109(c),

  • (xxi) section 112,

  • (xxii) paragraph 113(3)(a),

  • (xxiii) the portion of subsection 113(4) before paragraph (a),

  • (xxiv) subsection 115(1),

  • (xxv) section 117,

  • (xxvi) paragraph 118(1)(b),

  • (xxvii) paragraph 118(4)(a),

  • (xxviii) section 125,

  • (xxix) subsection 126(1),

  • (xxx) sections 129 and 130,

  • (xxxi) section 133,

  • (xxxii) subsections 134(1) and (2), and

  • (xxxiii) the List of Tariff Provisions set out in the schedule;

• (f) section 52 of the Firearms Act;

• (g) subsection 16(1) of the Department of Industry Act;

• (h) in the Canada Shipping Act,

  • (i) section 472, and

  • (ii) paragraph 596(2)(b);

• (i) section 25 of the Statistics Act;

• (j) the definition “Minister” in section 52 of the Trade Marks Act; and

• (k) section 24 of the Visiting Forces Act.

143. The reference to the “Minister of National Revenue” in paragraph (a) of the definition “prescribed” in subsection 2(1) of the English version of the Customs Tariff is replaced by a reference to the “Solicitor General of Canada”.

COORDINATING AMENDMENTS

Marginal note:2003, c. 22

• 144. (1) If the definition “employee” in subsection 2(1) of the Public Service Labour Relations Act, as enacted by section 2 of the Public Service Modernization Act, comes into force before section 1 of this Act comes into force, then, on the day on which section 1 of this Act comes into force, subparagraph 138(q)(i) of this Act is repealed.

• Marginal note:2003, c. 22

  (2) If the definition “managerial or confidential position” in subsection 2(1) of the Public Service Labour Relations Act, as enacted by section 2 of the Public Service Modernization Act, comes into force before section 1 of this Act comes into force, then, on the day on which section 1 of this Act comes into force, subparagraph 138(q)(ii) of this Act is repealed.

• Marginal note:2003, c. 22

  (3) If section 11 of the Public Service Modernization Act comes into force before section 1 of this Act comes into force, then, on the day on which section 1 of this Act comes into force, subparagraph 138(q)(iii) of this Act is repealed.

• Marginal note:2003, c. 22

  (4) On the later of the coming into force of section 11 of the Public Service Modernization Act and the coming into force of section 1 of this Act,

  • (a) the reference in Schedule V to the Financial Administration Act to the “Canada Customs and Revenue Agency” is replaced by a reference to the “Canada Revenue Agency”; and

  • (b) Schedule IV to the Financial Administration Act is amended by adding the following in alphabetical order:

    • Canada Border Services Agency

      Agence des services frontaliers du Canada

• Marginal note:2003, c. 22

  (5) If section 1 of this Act comes into force before subsection 49(1) of the Public Service Modernization Act, then, on the day on which section 1 of this Act comes into force, that subsection is replaced by the following:

  Marginal note:Legal officers

  • 49. (1) For the purposes of the new Act, including any application under section 58 of the new Act, an employee who, on or after the day on which the definition “managerial or confidential position” in subsection 2(1) of that Act comes into force, is employed as a legal officer in the Department of Justice or the Canada Revenue Agency is deemed not to be included in any unit determined, in accordance with the former Act, to constitute a unit of employees appropriate for collective bargaining.

• Marginal note:2003, c. 22

  (6) If section 1 of this Act comes into force before section 95 of the Public Service Modernization Act, then, on the day on which section 1 of this Act comes into force, that section and the heading before it are replaced by the following:

  Canada Revenue Agency Act

  95. Paragraph 16(2)(c) of the English version of the Canada Revenue Agency Act is replaced by the following:

  • (c) is employed on a full-time basis in the federal public administration or the public service of a province or territory.

• Marginal note:2003, c. 22

  (7) On the later of the coming into force of section 224 of the Public Service Modernization Act and the coming into force of section 1 of this Act, subsection 10(3) of the English version of this Act is replaced by the following:

  • Marginal note:Deemed employment

    (3) The President and the Executive Vice-president are deemed to be employed in the public service for the purposes of the Public Service Superannuation Act and to be employed in the federal public administration for the purposes of the Government Employees Compensation Act and any regulations made under section 9 of the Aeronautics Act.

• Marginal note:2003, c. 22

  (8) On the later of the coming into force of section 224 of the Public Service Modernization Act and the coming into force of section 1 of this Act, a reference to the “public service of Canada” in the following provisions of the English version of this Act is replaced by a reference to “federal public administration”:

  • (a) the definition “former agency” in section 16; and

  • (b) subsections 18(1) and (2).

• Marginal note:2003, c. 22

  (9) If section 1 of this Act comes into force before section 224 of the Public Service Modernization Act, then, on the day on which section 1 of this Act comes into force, paragraph 224(k) of that Act is replaced by the following:

  • (k) sections 21 and 66 of the Canada Revenue Agency Act;

• Marginal note:2003, c. 22

  (10) If section 1 of this Act comes into force before section 229 of the Public Service Modernization Act, then, on the day on which section 1 of this Act comes into force, that section and the heading before it are replaced by the following:

  Canada Revenue Agency Act

  229. Subsection 55(1) of the Canada Revenue Agency Act is replaced by the following:

  Marginal note:Mobility to departments

  • 55. (1) For the purpose of deployments or appointments made, or advertised internal appointment processes, under the Public Service Employment Act, employees of the Agency must be treated as if they were employees within the meaning of the Public Service Employment Act and had the rights of recourse provided by that Act.