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Economic Action Plan 2014 Act, No. 1 (S.C. 2014, c. 20)

Assented to 2014-06-19

PART 6VARIOUS MEASURES

Coming into Force

Marginal note:Order in council

368. This Division, other than section 367, comes into force on a day to be fixed by order of the Governor in Council.

Division 26R.S., c. T-13Reduction of Governor in Council Appointments

369. The definition “Registrar” in section 2 of the Trade-marks Act is replaced by the following:

“Registrar”

« registraire »

“Registrar” means the Registrar of Trade-marks who is described in subsection 63(1);

Marginal note:1995, c. 1, s. 62(2)

370. Subsection 63(1) of the Act is replaced by the following:

Marginal note:Registrar

  • 63. (1) There shall be a Registrar of Trade-marks, who shall be the Commissioner of Patents appointed under subsection 4(1) of the Patent Act. The Registrar shall be responsible to the Deputy Minister of Industry.

Division 27R.S., c. O-9Old Age Security Act

Amendments to the Act

Marginal note:1996, c. 18, s. 51(1); 2007, c. 11, s. 16(2)

  • 371. (1) Paragraph 11(7)(e) of the Old Age Security Act is replaced by the following:

  • Marginal note:1996, c. 18, s. 51(2)

    (2) Subsection 11(8) of the Act is replaced by the following:

    • Marginal note:Application of paragraph (7)(e)

      (8) Paragraph (7)(e) does not apply

      • (a) to a person who was qualified to receive a pension or an allowance immediately before the day on which this paragraph comes into force, whether or not they had applied for it; or

      • (b) to a pensioner if an event as provided by the regulations has occurred.

Marginal note:1996, c. 18, s. 53(1); 2000, c. 12, par. 207(1)(f); 2007, c. 11, s. 19(3)

  • 372. (1) Paragraph 19(6)(d) of the Act is replaced by the following:

    • (d) any month during which the spouse or common-law partner is a person in respect of whom an undertaking by a sponsor is in effect as provided under the Immigration and Refugee Protection Act;

  • Marginal note:1996, c. 18, s. 53(2); 2000, c. 12, par. 207(1)(f)

    (2) Subsection 19(6.2) of the Act is replaced by the following:

    • Marginal note:Application of paragraph (6)(d)

      (6.2) Paragraph (6)(d) does not apply to a spouse or common-law partner

      • (a) who was qualified to receive an allowance immediately before the day on which this paragraph comes into force, whether or not they had applied for it; or

      • (b) if an event as provided by the regulations has occurred.

Marginal note:1998, c. 21, s. 115(2); 2000, c. 12, par. 208(1)(d); 2007, c. 11, s. 20(3)

  • 373. (1) Paragraph 21(9)(c) of the Act is replaced by the following:

  • Marginal note:1998, c. 21, s. 115(3); 2000, c. 12, par. 208(1)(d)

    (2) Subsection 21(9.1) of the Act is replaced by the following:

    • Marginal note:Application of paragraph (9)(c)

      (9.1) Paragraph (9)(c) does not apply to a survivor

      • (a) who was qualified to receive an allowance immediately before the day on which this paragraph comes into force, whether or not they had applied for it; or

      • (b) if an event as provided by the regulations has occurred.

Coming into Force

Marginal note:Order in council

374. This Division comes into force on a day to be fixed by order of the Governor in Council.

Division 28New Bridge for the St. Lawrence Act

Marginal note:Enactment

375. The New Bridge for the St. Lawrence Act is enacted as follows:

An Act respecting a new bridge in Montreal to replace the Champlain Bridge and the Nuns’ Island Bridge.

SHORT TITLE

Marginal note:Short title

1. This Act may be cited as the New Bridge for the St. Lawrence Act.

INTERPRETATION

Marginal note:Definitions

2. The following definitions apply in this Act.

“bridge”

« pont »

“bridge” means a structure that spans the St. Lawrence River and connects the Island of Montreal to the City of Brossard, and includes

  • (a) a bridge that replaces the existing Champlain Bridge and connects Nuns’ Island to the City of Brossard;

  • (b) a bridge that replaces the existing Nuns’ Island Bridge and connects Montreal Island to Nuns’ Island; and

  • (c) the approaches to both bridges.

“construction”

« construction »

“construction” in relation to the bridge or a related work, includes demolition of existing structures and any other work or activity related to its construction.

“Minister”

« ministre »

“Minister” means the member of the Queen’s Privy Council for Canada designated under section 3.

“operation”

« exploitation »

“operation”, in relation to the bridge or a related work, includes its maintenance and repair.

“person”

« personne »

“person” means an individual, corporation, partnership or joint venture.

“related work”

« ouvrage connexe »

“related work” means any of the following:

  • (a) any work that is useful to the operation of the bridge, including a toll facility;

  • (b) any work that is accessory to the bridge or to any work referred to in paragraph (a), including any portion of Highway 15 situated between the approach to the Nuns’ Island Bridge and the Atwater interchange that is reconstructed and widened.

DESIGNATION

Marginal note:Power to designate Minister

3. The Governor in Council may designate a member of the Queen’s Privy Council for Canada to be the Minister for the purposes of this Act.

APPLICATION

Marginal note:Role of Minister

4. Except as otherwise provided in this Act, the Minister is responsible for the administration of this Act, and the Minister’s powers, duties and functions include all matters relating to the bridge and related works.

Marginal note:Declaration

5. The bridge and related works are declared to be works for the general advantage of Canada.

Marginal note:Exemption  — Bridges Act

  • 6. (1) The Bridges Act does not apply to the bridge and related works.

  • Marginal note:Exemption  — User Fees Act

    (2) The User Fees Act does not apply in respect of the tolls, fees and other charges fixed by regulations made under paragraph 12(b).

AGREEMENTS

Marginal note:Minister of Public Works and Government Services

  • 7. (1) The Minister of Public Works and Government Services may enter into an agreement with any person for any purpose relating to the design, construction or operation of the bridge or any related work, including an agreement respecting the collection of tolls, fees or other charges that may be imposed under this Act.

  • Marginal note:Authority to carry out agreement

    (2) The Minister of Public Works and Government Services may take any measures that he or she considers appropriate to carry out the agreement or to protect the interests or enforce the rights of Her Majesty in right of Canada under the agreement, including accepting and holding on behalf of Her Majesty any security granted under the agreement or releasing or realizing on that security.

  • Marginal note:Not agent of Her Majesty

    (3) A person who enters into an agreement with the Minister of Public Works and Government Services under this section is not an agent of Her Majesty in right of Canada.

Marginal note:Implementation

8. The Minister may enter into any agreement that relates to the bridge or related work, or that is necessary for the implementation of an agreement entered into under section 7, with any person or with the government of the Province of Quebec or any municipality of that Province or any of their agencies or mandataries.

TOLLS, FEES OR OTHER CHARGES

Marginal note:Payment

9. Any owner of a vehicle using the bridge must pay any toll, fee or other charge that is applicable to the vehicle under this Act.

Marginal note:Charges recoverable

10. A toll, fee or other charge charged under this Act constitutes a debt owing to Her Majesty in right of Canada, and the amount of that debt is recoverable in any court of competent jurisdiction.

ORDER IN COUNCIL

Marginal note:Other exemptions

  • 11. (1) The Governor in Council may, by order, exempt any person, on any condition that the Governor in Council considers to be in the public interest, from any requirement under any federal Act to obtain a permit, licence, approval or other authorization in relation to the construction of the bridge or any related work.

  • Marginal note:Exemption from Statutory Instruments Act

    (2) The Statutory Instruments Act does not apply to the order. However, the order must be published in the Canada Gazette.

  • Marginal note:Authorizations deemed issued

    (3) After completion of the construction of the bridge or the related work, as the case may be, any authorization that would have been required in relation to its construction but for an exemption granted under subsection (1) is deemed to have been issued for the purpose of the application of the federal Act for which the exemption was granted.

REGULATIONS

Marginal note:Ministerial regulations

12. The Minister may make regulations

  • (a) designating the contravention of any provision of this Act as an offence punishable on summary conviction and fixing the maximum fine payable for each offence; and

  • (b) fixing any tolls, fees or other charges to be charged with respect to vehicles, or categories of vehicles, using the bridge.

Division 29Administrative Tribunals Support Service of Canada Act

Enactment of Act

Marginal note:Enactment

376. The Administrative Tribunals Support Service of Canada Act whose text is as follows and whose schedule is set out in Schedule 6 to this Act, is enacted:

An Act to establish the Administrative Tribunals Support Service of Canada

SHORT TITLE

Marginal note:Short title

1. This Act may be cited as the Administrative Tribunals Support Service of Canada Act.

INTERPRETATION

Marginal note:Definitions

2. The following definitions apply in this Act.

“administrative tribunal”

« tribunal administratif »

“administrative tribunal” means a body referred to in the schedule to this Act.

“Chief Administrator”

« administrateur en chef »

“Chief Administrator” means the person appointed under subsection 5(1).

“Minister”

« ministre »

“Minister” means the Minister of Justice.

“Service”

« Service »

“Service” means the Administrative Tribunals Support Service of Canada established by section 3.

ADMINISTRATIVE TRIBUNALS SUPPORT SERVICE OF CANADA

Marginal note:Establishment of Service

3. The Administrative Tribunals Support Service of Canada, consisting of the Chief Administrator and employees of the Service, is established as a portion of the federal public administration.

Marginal note:Principal office

  • 4. (1) The principal office of the Service is to be in the National Capital Region described in the schedule to the National Capital Act.

  • Marginal note:Other offices

    (2) The Chief Administrator may establish other offices of the Service elsewhere in Canada.

CHIEF ADMINISTRATOR

Marginal note:Appointment

  • 5. (1) The Chief Administrator is to be appointed by the Governor in Council to hold office during pleasure for a term of up to five years.

  • Marginal note:Re-appointment

    (2) The Chief Administrator is eligible for re-appointment at the end of each term of office.

Marginal note:Status of Chief Administrator

6. The Chief Administrator has the rank and status of a deputy head of a department.

Marginal note:Absence or incapacity

  • 7. (1) If the Chief Administrator is absent or incapacitated or the office of Chief Administrator is vacant, the Minister must appoint another person to act as Chief Administrator, but a person must not be so appointed for a term of more than 90 days without the approval of the Governor in Council.

  • Marginal note:Powers, duties and functions

    (2) The person acting as Chief Administrator has all of the powers, duties and functions of the Chief Administrator conferred under this Act or any other Act of Parliament.

Marginal note:Salary and expenses

  • 8. (1) The Chief Administrator is to be paid the remuneration that may be fixed by the Governor in Council and is entitled to be paid reasonable travel and living expenses incurred in the exercise of his or her powers or the performance of his or her duties and functions while absent from the Chief Administrator’s ordinary place of work.

  • Marginal note:Compensation

    (2) The Chief Administrator is deemed to be a person 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:Chief executive officer

9. The Chief Administrator is the chief executive officer of the Service and has the control and management of the Service and all matters connected with it.

Marginal note:Responsibility

10. The Chief Administrator is responsible for the provision of the support services and the facilities that are needed by each of the administrative tribunals to exercise its powers and perform its duties and functions in accordance with the rules that apply to its work.

Marginal note:General powers

  • 11. (1) The Chief Administrator has all the powers that are necessary to perform his or her duties and functions under this or any other Act of Parliament.

  • Marginal note:Contracts, etc.

    (2) The Chief Administrator may enter into contracts, memoranda of understanding or other arrangements, including contracts to engage the services of legal counsel or other persons having professional, technical or specialized knowledge to advise or assist an administrative tribunal or any of its members.

Marginal note:Limitation

12. The Chief Administrator’s powers, duties and functions do not extend to any of the powers, duties and functions conferred by law on any administrative tribunal or on any of its members.

Marginal note:Delegation

13. The Chief Administrator may delegate to any employee of the Service any of the powers, duties, and functions conferred on the Chief Administrator under this Act or any other Act of Parliament.

ADMINISTRATIVE TRIBUNAL CHAIRPERSONS

Marginal note:For greater certainty

14. For greater certainty, the chairperson of an administrative tribunal continues to have supervision over and direction of the work of the tribunal.

EMPLOYEES OF THE SERVICE

Marginal note:Appointment of employees

15. The employees who are required for the purposes of the Service are to be appointed under the Public Service Employment Act.

GENERAL

Marginal note:Deeming  — filing documents and giving notice

16. Any provision of an Act of Parliament, or of a regulation, that requires the filing of a document with, or the giving of a notice to, an administrative tribunal is deemed to require that document to be filed with, or the notice to be given to, the Service, as the case may be.

Marginal note:Deeming  — amounts payable

17. Any provision of an Act of Parliament, or of a regulation, that requires an amount to be paid to an administrative tribunal is deemed to require that amount to be paid to the Service.

Marginal note:Amounts for operation of administrative tribunal

18. Any amount to be paid for the operation of any administrative tribunal may be paid out of moneys appropriated by Parliament for the expenditures of the Service.

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