Transitional Provisions

Marginal note:Definitions

146. The following definitions apply in this section and in sections 147 to 156.

“CHARS”

« SCREA »

“CHARS” means the Canadian High Arctic Research Station established by subsection 4(1) of the Canadian High Arctic Research Station Act, enacted by section 145.

“Commission”

« Commission »

“Commission” means the Canadian Polar Commission established by section 3 of the Canadian Polar Commission Act, as that section read immediately before section 169 comes into force.

Marginal note:Board of Directors of Commission

147. Despite subsection 8(1) of the Canadian High Arctic Research Station Act, enacted by section 145, the persons who, immediately before the day on which section 145 comes into force, held the office of Vice-Chairperson or other member of the Board of Directors of the Commission — other than the office of Chairperson of that Board — hold the office, beginning on that day, of Vice-chairperson or other member of the Board of Directors of CHARS, respectively, until the expiry of their appointment, their removal from office or their resignation.

Marginal note:Employment — Commission

148. Nothing in this Division is to be construed as affecting the status of any person who, immediately before the day on which section 145 comes into force, occupied a position in the Commission, except that the person, beginning on that day, occupies their position in CHARS.

Marginal note:Employment — Arctic Science and Technology Directorate

149. Nothing in this Division is to be construed as affecting the status of any person who, immediately before the day on which this section comes into force, occupied a position in the portion of the Department of Indian Affairs and Northern Development known as the Arctic Science and Technology Directorate, except that the person, beginning on that day, occupies their position in CHARS.

Marginal note:Commission’s actions deemed CHARS’s

150. Everything done, or purported to have been done, by the Commission or its Board of Directors before the day on which section 145 comes into force is deemed, on that day, to have been done by CHARS or its Board of Directors, respectively.

Marginal note:References — Commission

151. Every reference to the Commission in any deed, contract, agreement or other document is, beginning on the day on which section 145 comes into force, to be read as a reference to CHARS unless the context otherwise requires.

Marginal note:Transfer of rights, property and obligations — Commission

152. All rights, personal property or movables and real property or immovables of the Commission and all obligations of the Commission are transferred to CHARS on the day on which section 145 comes into force.

Marginal note:Commencement of legal proceedings

153. Every action, suit or other legal proceeding in respect of an obligation or liability incurred by the Commission may, beginning on the day on which section 145 comes into force, be brought against CHARS.

Marginal note:Continuation of legal proceedings

154. In every action, suit or other legal proceeding to which the Commission is party that is pending in any court immediately before the day on which section 145 comes into force, CHARS takes the place of the Commission as party on that day, and, beginning on that day, the action, suit or proceeding may be continued by or against CHARS in the same manner and to the same extent as it could have been continued by or against the Commission.

Marginal note:Transfer of appropriations — Commission

155. Any amount that is appropriated by an Act of Parliament for the fiscal year in which section 145 comes into force to defray the charges and expenses of the Commission and that is unexpended on the day on which that section comes into force is deemed, on that day, to be an amount appropriated to defray the charges and expenses of CHARS.

Marginal note:Transfer of appropriations — Arctic Science and Technology Directorate

156. Any amount that is appropriated by an Act of Parliament for the fiscal year in which this section comes into force to defray the charges and expenses of the Department of Indian Affairs and Northern Development related to the portion of that Department known as the Arctic Science and Technology Directorate and that is unexpended on the day on which this section comes into force is deemed, on that day, to be an amount appropriated to defray the charges and expenses of CHARS.

Consequential Amendments

R.S., c. A-1Access to Information Act

Marginal note:1991, c. 6, s. 22

157. Schedule I to the Access to Information Act is amended by striking out the following under the heading “OTHER GOVERNMENT INSTITUTIONS”:

158. Schedule I to the Act is amended by adding the following in alphabetical order under the heading “OTHER GOVERNMENT INSTITUTIONS”:

R.S., c. F-11Financial Administration Act

Marginal note:1991, c. 6, s. 23

159. Schedule II to the Financial Administration Act is amended by striking out the following:

160. Schedule II to the Act is amended by adding the following in alphabetical order:

Marginal note:2003, c. 22, s. 11

161. Schedule V to the Act is amended by striking out the following:

162. Schedule V to the Act is amended by adding the following in alphabetical order:

Marginal note:2006, c. 9, s. 270

163. Part III of Schedule VI to the Act is amended by striking out, in column I, the reference to

and the corresponding reference in column II to “Chairperson”.

164. Part III of Schedule VI to the Act is amended by adding in alphabetical order, in column I, a reference to

and a corresponding reference in column II to “President”.

R.S., c. P-21Privacy Act

Marginal note:1991, c. 6, s. 24

165. The schedule to the Privacy Act is amended by striking out the following under the heading “OTHER GOVERNMENT INSTITUTIONS”:

166. The schedule to the Act is amended by adding the following in alphabetical order under the heading “OTHER GOVERNMENT INSTITUTIONS”:

R.S., c. P-36Public Service Superannuation Act

Marginal note:1991, c. 6, s. 26

167. Part I of Schedule I to the Public Service Superannuation Act is amended by striking out the following:

168. Part I of Schedule I to the Act is amended by adding the following in alphabetical order:

Repeal

Marginal note:Repeal

169. The Canadian Polar Commission Act, chapter 6 of the Statutes of Canada, 1991, is repealed.

Coming into Force

Marginal note:Order in council

• 170. (1) This Division, other than sections 149 and 156, comes into force on a day to be fixed by order of the Governor in Council.

• Marginal note:Order in council

  (2) Sections 149 and 156 come into force on a day to be fixed by order of the Governor in Council.

Division 4R.S., c. C-46Criminal Code

171. Section 207 of the Criminal Code is amended by adding the following after subsection (4):

Division 5R.S., c. F-8; 1995, c. 17, s. 45(1)Federal-Provincial Fiscal Arrangements Act

Marginal note:2012, c. 19, s. 396

172. Paragraph 24.3(1)(b) of the Federal-Provincial Fiscal Arrangements Act is replaced by the following:

Marginal note:2012, c. 19, s. 402(1)

• 173. (1) The portion of section 25.1 of the Act before paragraph (a) is replaced by the following:

  Marginal note:Criteria for eligibility — Canada Social Transfer

  • 25.1 (1) In order that a province may qualify for a full cash contribution under sections 24.5 and 24.51 for a fiscal year, the laws of the province must not, in the case of persons described in subsection (2),

• (2) Section 25.1 of the Act is amended by adding the following after subsection (1):

  • Marginal note:No minimum residency period

    (2) The persons described for the purpose of subsection (1) are

    • (a) Canadian citizens;

    • (b) permanent residents within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act;

    • (c) any person who, under section 24 of the Immigration and Refugee Protection Act, has been determined by an officer to be a victim of human trafficking and who holds a temporary resident permit issued under that section; and

    • (d) protected persons, within the meaning of subsection 95(2) of the Immigration and Refugee Protection Act.

Division 6R.S., c. R-2, 1989, c. 17, s. 2Radiocommunication Act

174. Section 2 of the Radiocommunication Act is amended by adding the following in alphabetical order:

175. Section 4 of the Act is amended by adding the following after subsection (3):

176. Section 5 of the Act is amended by adding the following after subsection (1.4):

177. The Act is amended by adding the following after section 5:

Marginal note:1989, c. 17, s. 6

• 178. (1) Subsection 8(1) of the Act is replaced by the following:

  Marginal note:Powers of inspectors

  • 8. (1) An inspector who is appointed under paragraph 5(1)(j) may, subject to subsection (2),

    • (a) enter, at any reasonable time, any place in which they believe on reasonable grounds there is any document, information or thing relevant to the purpose of verifying compliance or preventing non-compliance with this Act, and examine the document, information or thing or remove it for examination or reproduction;

    • (b) make use of, or cause to be made use of, any computer system at the place to examine any data contained in or available to the system;

    • (c) reproduce any document, or cause it to be reproduced, from the data in the form of a print-out or other intelligible output and take the print-out or other output for examination or copying; and

    • (d) use any copying equipment or means of communication in the place.

  • Marginal note:Certificate

    (1.1) An inspector shall be provided with a certificate of appointment which is to be presented at the request of any person appearing to be in charge of any place entered by the inspector.

• Marginal note:1989, c. 17, s. 6

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

  • Marginal note:Maison d’habitation

    (2) Il ne peut toutefois entrer dans une maison d’habitation sans le consentement de l’occupant que s’il est muni d’un mandat ou si l’urgence de la situation — notamment dans les cas où le temps nécessaire à l’obtention de ce dernier risquerait soit de mettre en danger des personnes, soit d’entraîner la perte ou la destruction d’éléments de preuve — rend l’obtention de celui-ci difficilement réalisable.

• Marginal note:1989, c. 17, s. 6

  (3) Subsection 8(3) of the Act is replaced by the following:

  • Marginal note:Authority to issue warrant

    (3) On an ex parte application, a justice of the peace may issue a warrant authorizing an inspector who is named in the warrant to enter a dwelling-house, subject to any conditions spec­ified in the warrant, if the justice is satisfied by information on oath that

    • (a) the dwelling-house is a place described in paragraph (1)(a);

    • (b) entry to the dwelling-house is necessary for the purpose of verifying compliance or preventing non-compliance with this Act; and

    • (c) entry has been refused by, or there are reasonable grounds to believe that entry will be refused by, or that consent to entry cannot be obtained from, the occupant.

• (4) Section 8 of the Act is amended by adding the following after subsection (5):

  • Marginal note:Information requirement

    (5.1) An inspector who believes that a person is in possession of information that the inspector considers necessary for the purpose of verifying compliance or preventing non-compliance with this Act may, by notice, require that person to submit the information to the inspector in the form and manner and within the reasonable time that is stipulated in the notice.