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Jobs and Economic Growth Act (S.C. 2010, c. 12)

Full Document:  

Assented to 2010-07-12

PART 8AMENDMENTS RELATING TO CERTAIN GOVERNMENTAL BODIES

Division 1Amendments Relating to Certain Governor in Council Appointments

2005, c. 46Related Amendments to the Public Servants Disclosure Protection Act

Marginal note:2006, c. 9, s. 194(2) and (4)

 The definitions “Agency” and “Minister” in subsection 2(1) of the Public Servants Disclosure Protection Act are repealed.

Marginal note:2006, c. 9, s. 198

 Subsection 10(4) of the Act is replaced by the following:

  • Marginal note:Exception

    (4) Subsections (1) and (2) do not apply to a chief executive if he or she declares, after giving notice to the Treasury Board Secretariat, that it is not practical to apply those subsections given the size of that portion of the public sector.

Marginal note:2006, c. 9, s. 211
  •  (1) Subsections 38.1(1) and (2) of the Act are replaced by the following:

    Marginal note:Report to Treasury Board Secretariat — disclosures under section 12
    • 38.1 (1) Within 60 days after the end of each financial year, each chief executive must prepare and submit to the Treasury Board Secretariat a report for that financial year on the activities, in the portion of the public sector for which the chief executive is responsible, respecting disclosures made under section 12.

    • Marginal note:Report to President of the Treasury Board — disclosures under section 12

      (2) Within six months after the end of each financial year, the Chief Human Resources Officer appointed under subsection 6(2.1) of the Financial Administration Act must prepare and submit to the President of the Treasury Board a report for that financial year that provides an overview of the activities, throughout the public sector, respecting disclosures made under section 12.

  • Marginal note:2006, c. 9, s. 211

    (2) Paragraph 38.1(3)(e) of the Act is replaced by the following:

    • (e) any other matter that the Chief Human Resources Officer considers necessary.

Marginal note:2006, c. 9, s. 220

 Sections 54.1 and 54.2 of the Act are repealed.

 The Act is amended by replacing “Minister” with “President of the Treasury Board” in the following provisions:

  • (a) section 4;

  • (b) subsections 5(3) and 5(4);

  • (d) subsection 38.1(4); and

  • (e) section 54.

Coming into Force

Marginal note:Order in council

 Sections 1671 to 1682 come into force on a day to be fixed by order of the Governor in Council.

R.S., c. C-13Canadian Centre for Occupational Health and Safety Act

Amendments to the Act

 Paragraphs 4(c) to (e) of the Canadian Centre for Occupational Health and Safety Act are replaced by the following:

  • (c) four other governors to be appointed after consultation with any organizations representative of workers that the Governor in Council considers appropriate; and

  • (d) four other governors to be appointed after consultation with any organizations representative of employers that the Governor in Council considers appropriate.

 Paragraphs 14(1)(a) and (b) of the Act are replaced by the following:

  • (a) the number of members of the executive board who were appointed to the Council under paragraph 4(c) is equal to the number of members of the executive board who were appointed to the Council under paragraph 4(d); and

  • (b) the aggregate of the number of members of the executive board appointed to the Council under paragraph 4(c) or (d) is not less than 50% of the total number of members of the executive board.

Coming into Force

Marginal note:Order in council

 Sections 1684 and 1685 come into force on a day to be fixed by order of the Governor in Council.

R.S., c. 49 (4th Supp.)Canadian Centre on Substance Abuse Act

Amendments to the Act

 Section 6 of the Canadian Centre on Substance Abuse Act is replaced by the following:

Marginal note:Board of Directors

6. The affairs of the Centre shall be managed by a Board of Directors, in this Act referred to as the “Board”, consisting of a Chairperson and not more than 12 other directors whose backgrounds or experience would assist the Centre in the fulfilment of its purpose.

Marginal note:1996, c. 8, par. 32(1)(b)

 Paragraphs 8(a) and (b) of the Act are replaced by the following:

  • (a) the Chairperson and up to four other directors may be appointed by the Governor in Council on the recommendation of the Minister of Health, after that Minister has consulted with the Board, to hold office during pleasure; and

  • (b) up to eight directors may be appointed by the Board, to hold office during pleasure, after consultations with the governments of the provinces and with any individuals and organizations representative of the business community and labour, professional and voluntary organizations having a particular interest in alcohol and drug abuse that the Board considers appropriate.

 Sections 11 and 12 of the English version of the Act are replaced by the following:

Marginal note:Role of Chairperson

11. The Chairperson shall preside at meetings of the Board and may perform any other duties that are assigned by the Board.

Marginal note:Vice-Chairperson

12. The Board may elect from among its members a Vice-Chairperson who, in the event of the absence or incapacity of the Chairperson, or if the office of Chairperson is vacant, has and may exercise and perform all the duties and functions of the Chairperson.

 Section 21 of the English version of the Act is replaced by the following:

Marginal note:Chairperson and other directors

21. The Chairperson and the other directors shall serve without remuneration, but may be paid any reasonable travel and living expenses in connection with the activities of the Centre that are fixed by by-law of the Board.

 The English version of the Act is amended by replacing “Chairman” with “Chairperson” in the following provisions:

  • (a) section 7;

  • (b) subsection 9(1);

  • (c) section 10;

  • (d) section 14; and

  • (e) section 26.

Coming into Force

Marginal note:Order in council

 Sections 1687 to 1691 come into force on a day to be fixed by order of the Governor in Council.

2000, c. 6Canadian Institutes of Health Research Act

Amendment to the Act

 Subsection 7(1) of the Canadian Institutes of Health Research Act is replaced by the following:

Marginal note:Governing Council
  • 7. (1) There shall be a Governing Council of the CIHR consisting of not more than 18 members, one of whom shall be the President of the CIHR.

Coming into Force

Marginal note:Order in council

 Section 1693 comes into force on a day to be fixed by order of the Governor in Council.

R.S., c. 47 (4th Supp.)Canadian International Trade Tribunal Act

Amendment to the Act

Marginal note:1999, c. 12, s. 54(E)

 Subsection 3(1) of the Canadian International Trade Tribunal Act is replaced by the following:

Marginal note:Tribunal established
  • 3. (1) There is established a tribunal, to be known as the Canadian International Trade Tribunal, consisting, subject to subsection (2), of a Chairperson, two Vice-Chairpersons and not more than four other permanent members to be appointed by the Governor in Council.

Coming into Force

Marginal note:Order in council

 Section 1695 comes into force on a day to be fixed by order of the Governor in Council.

1991, c. 8Canadian Race Relations Foundation Act

Amendments to the Act

 Subsection 6(1) of the Canadian Race Relations Foundation Act is replaced by the following:

Marginal note:Board of Directors
  • 6. (1) The activities of the Foundation shall be managed by a Board of Directors consisting of a Chairperson and not more than 11 other directors to be appointed by the Governor in Council, on the recommendation of the Minister, after the Minister, taking into account the multicultural character, linguistic duality and regional diversity of Canadian society, has consulted with any governments, institutions, organizations and individuals that the Minister considers appropriate.

 Section 23 of the Act is repealed.

Coming into Force

Marginal note:Order in council

 Sections 1697 and 1698 come into force on a day to be fixed by order of the Governor in Council.

R.S., c. C-22Canadian Radio-television and Telecommunications Commission Act

Amendments to the Act

 The definition “member” in section 2 of the Canadian Radio-television and Telecommunications Commission Act is replaced by the following:

“member”

« conseiller »

“member” means a member of the Commission;

Marginal note:1991, c. 11, s. 76

 Subsection 3(1) of the Act is replaced by the following:

Marginal note:Commission established
  • 3. (1) There is established a commission, to be known as the Canadian Radio-television and Telecommunications Commission, consisting of not more than 13 members, to be appointed by the Governor in Council.

 Section 4 of the Act is replaced by the following:

Marginal note:Duties of members

4. A member shall devote the whole of his or her time to the performance of his or her duties under this Act.

Marginal note:2001, c. 34, par. 31(a)(E)
  •  (1) Subsection 6(1) of the Act is replaced by the following:

    Marginal note:Chairperson and Vice-Chairpersons
    • 6. (1) The Governor in Council shall designate one of the members to be Chairperson of the Commission and two of the members to be Vice-Chairpersons of the Commission.

  • Marginal note:2001, c. 34, par. 31(a)(E)

    (2) Subsection 6(4) of the Act is replaced by the following:

    • Marginal note:Acting Chairperson

      (4) The Commission may authorize one or more of its members to act as Chairperson if the Chairperson and both Vice-Chairpersons are absent or unable to act or if the office of Chairperson and each office of Vice-Chairperson are vacant.

Marginal note:2001, c. 34, par. 31(b)(E)

 Subsection 7(1) of the Act is replaced by the following:

Marginal note:Salaries and fees
  • 7. (1) Each member shall be paid a salary to be fixed by the Governor in Council.

Marginal note:2003, c. 22, par. 224(z.11)(E) and 225(n)(E)

 Section 9 of the Act is replaced by the following:

Marginal note:Members’ superannuation
  • 9. (1) The members of the Commission are deemed to be persons employed in the public service for the purposes of the Public Service Superannuation Act.

  • Marginal note:Compensation

    (2) For the purposes of any regulations made under section 9 of the Aeronautics Act, the members of the Commission are deemed to be persons employed in the federal public administration.

 Subsection 10(3) of the Act is replaced by the following:

  • Marginal note:Quorum

    (3) A majority of the members in office constitute a quorum of the Commission.

Marginal note:1991, c. 11, s. 79

 Section 10.1 of the Act is replaced by the following:

Marginal note:Residence of members
  • 10.1 (1) Subject to subsection (2), the members of the Commission shall reside in the National Capital Region as described in the schedule to the National Capital Act or within any distance of it that may be determined by the Governor in Council.

  • Marginal note:Residence of members — regional office

    (2) If a regional office of the Commission is established under subsection 10(1.1), a member of the Commission who is designated for that region by the Governor in Council shall reside in that region and within any distance of that regional office that may be determined by the Governor in Council.

Marginal note:2001, c. 34, par. 31(c)(E)

 Paragraph 11(1)(c) of the Act is replaced by the following:

  • (c) fixing the travel and living expenses to be paid to members.

Marginal note:1991, c. 11, s. 80; 1993, c. 38, s. 85; 2001, c. 34, par. 31(d)(E)

 Subsections 12(2) and (3) of the Act are replaced by the following:

  • Marginal note:Telecommunications

    (2) The members of the Commission and the Chairperson shall exercise the powers and perform the duties vested in the Commission and the Chairperson, respectively, by the Telecommunications Act or by any special Act within the meaning of that Act.

  • Marginal note:By-laws

    (3) The members of the Commission may make by-laws

    • (a) respecting the establishment of special and standing committees of the members, the delegation of the powers, duties and functions of the members to those committees and the fixing of quorums for meetings of those committees; and

    • (b) providing that any act or thing done by those committees in the exercise of the powers or the performance of the duties and functions delegated to it are deemed to be an act or thing done by the members.

1991, c. 11Consequential Amendment to the Broadcasting Act

Marginal note:2001, c. 34, subpar. 32(1)(a)(ii)(E)

 Subsection 20(1) of the Broadcasting Act is replaced by the following:

Marginal note:Panels of Commission
  • 20. (1) The Chairperson of the Commission may establish panels, each consisting of not fewer than three members of the Commission, to deal with, hear and determine any matter on behalf of the Commission.

Coming into Force

Marginal note:Order in council

 Sections 1700 to 1710 come into force on a day to be fixed by order of the Governor in Council.

1990, c. 13Canadian Space Agency Act

Amendments to the Act

 The definitions “Board” and “Executive Vice-President” in section 2 of the English version of the Canadian Space Agency Act are repealed.

 Subsection 12(3) of the Act is replaced by the following:

  • Marginal note:Acting President

    (3) In the event of the absence or incapacity of the President or a vacancy in that office, the Minister may appoint another person to act as President, but that person may only act as President for a period exceeding 90 days with the approval of the Governor in Council.

 

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