Language selection

Government of Canada

Search

Jobs, Growth and Long-term Prosperity Act (S.C. 2012, c. 19)

Assented to 2012-06-29

PART 4VARIOUS MEASURES

Coming into Force

Marginal note:April 1, 2013

 This Division comes into force on April 1, 2013.

Division 32R.S., c. 47 (4th Supp.)Canadian International Trade Tribunal Act

Amendments to the Act

Marginal note:2010, c. 12, s. 1695

 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 and not more than six other permanent members to be appointed by the Governor in Council.

Marginal note:1999, c. 12, s. 55(E)

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

Marginal note:Absence, etc., of Chairperson
  • 8. (1) In the event of the absence or incapacity of the Chairperson or if the office of Chairperson is vacant, the Minister may authorize a permanent member to act as Chairperson but no person is authorized to act as Chairperson for a period exceeding 60 days without the approval of the Governor in Council. A permanent member so authorized has and may exercise and perform all the powers, duties and functions of the Chairperson.

Coming into Force

Marginal note:February 1, 2014

 This Division comes into force on February 1, 2014.

Division 33R.S., c. 54 (4th Supp.)International Centre for Human Rights and Democratic Development Act

Amendment to the Act

 Subsection 31(1) of the International Centre for Human Rights and Democratic Development Act is replaced by the following:

Marginal note:Annual report to Parliament
  • 31. (1) The Chairman shall, within four months after the end of each fiscal year, transmit to the Minister a report containing the Centre’s financial statements for that fiscal year and the Auditor General’s report on them.

Interpretation

Marginal note:Definitions

 In this Division, “Board”, “Centre”, “Chairman”, “director”, “Minister” and “President” have the same meanings as in subsection 2(1) of the International Centre for Human Rights and Democratic Development Act.

Closing Out of Affairs

Marginal note:Application

 Sections 493 to 495 apply despite any provision of the International Centre for Human Rights and Democratic Development Act.

Marginal note:Number of directors
  •  (1) The Board may consist of fewer than 13 directors.

  • Marginal note:No appointment by Board

    (2) The Board is not permitted to appoint directors under subsection 10(2) of the International Centre for Human Rights and Democratic Development Act.

  • Marginal note:Quorum

    (3) Five directors constitute a quorum at any meeting of the Board.

  • Marginal note:No compensation

    (4) Despite the provisions of any contract, agreement or order, no person appointed to hold office as a director, other than the President, has any right to claim or receive any compensation, damages, indemnity or other form of relief from Her Majesty in right of Canada or from any employee or agent of Her Majesty for ceasing to hold that office or for the abolition of that office by the operation of this Division.

Marginal note:Disposal of assets
  •  (1) The Centre is authorized to sell or otherwise dispose of all or substantially all of its assets and do everything necessary for or incidental to closing out its affairs.

  • Marginal note:Debts and liabilities

    (2) The Centre must apply any proceeds from the disposal of its assets in satisfaction of its debts and liabilities.

  • Marginal note:Directions

    (3) The Minister may give directions to the Centre to do anything that in his or her opinion is necessary

  • Marginal note:Directions binding

    (4) The Centre must comply with the directions.

Marginal note:Transfer of records

 The President must transfer to the Department of Foreign Affairs and International Trade the following items, including any electronic versions of them:

  • (a) the books of account and other financial records, as well as any information that the Centre collected in order to produce them; and

  • (b) any studies that the Centre has under its control, and any other information that it has collected through research.

Transitional Provisions

Marginal note:References

 Every reference to the Centre in a deed, contract or other document executed by the Centre in its own name is to be read, unless the context otherwise requires, as a reference to Her Majesty in right of Canada.

Marginal note:Surplus
  •  (1) Any surplus that remains after the satisfaction of the Centre’s debts and liabilities belongs to Her Majesty in right of Canada.

  • Marginal note:Unsatisfied debts and liabilities

    (2) Any of the Centre’s debts and liabilities that remain unsatisfied on the day on which this subsection comes into force become the debts and liabilities of Her Majesty in right of Canada.

Marginal note:Commencement of legal proceedings
  •  (1) Any action, suit or other legal proceeding in respect of an obligation or liability incurred by the Centre may be brought against Her Majesty in right of Canada in any court that would have had jurisdiction if the action, suit or other legal proceeding had been brought against the Centre.

  • Marginal note:Continuation of legal proceedings

    (2) Any action, suit or other legal proceeding to which the Centre is a party that is pending in a court on the coming into force of this subsection may be continued by or against Her Majesty in right of Canada in the same manner and to the same extent as it could have been continued by or against the Centre.

Marginal note:Auditor

 After the closing out of the Centre’s affairs, its accounts and financial transactions shall be audited by the Auditor General of Canada, and a report of the audit shall be made to the Minister.

Marginal note:Report to Parliament

 The Minister shall prepare a report, containing the Centre’s financial statements and the Auditor General’s report, within four months after this section comes into force, and shall cause the report to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the day on which the report is completed.

Consequential Amendments

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

Marginal note:SOR\90-325, s. 1

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

  • International Centre for Human Rights and Democratic Development

    Centre international des droits de la personne et du développement démocratique

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

Marginal note:SOR\90-326, s. 1

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

  • International Centre for Human Rights and Democratic Development

    Centre international des droits de la personne et du développement démocratique

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

Marginal note:R.S., c. 54 (4th Supp.), s. 32

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

  • International Centre for Human Rights and Democratic Development

    Centre international des droits de la personne et du développement démocratique

Repeal

Marginal note:Repeal of R.S., c. 54 (4th Supp.)

 The International Centre for Human Rights and Democratic Development Act is repealed.

Coming into Force

Marginal note:Order in council

 Sections 496 to 504 come into force on a day to be fixed by order of the Governor in Council.

Division 341990, c. 21Health of Animals Act

Amendments to the Act

 The heading before section 22 of the Health of Animals Act is replaced by the following:

INFECTED PLACES AND CONTROL ZONES

 Subsection 25(1) of the Act is replaced by the following:

Marginal note:Prohibition — infected place
  • 25. (1) No person shall, without a licence issued by an inspector or officer, remove from or take into an infected place any animal or thing.

 Sections 26 to 28 of the Act are replaced by the following:

Marginal note:Declaration that place no longer infected

26. A place, or any part of a place, that has been constituted to be an infected place by the delivery of a declaration under section 22 or 23 ceases to be an infected place when an inspector or officer declares in writing that

  • (a) the disease or toxic substance described in the declaration

    • (i) does not exist in, or will not spread from, the place or the part of the place, or

    • (ii) is not injurious to the health of persons or animals; or

  • (b) the infected place is located in an area that the Minister has declared to be a primary control zone in respect of that disease or toxic substance.

Marginal note:Primary control zone
  • 27. (1) If the Minister believes that a disease or toxic substance exists in an area, he or she may, by order, declare the area to be a primary control zone, in which case the Minister shall describe the zone and identify the disease or toxic substance.

  • Marginal note:Designated animal or thing

    (2) The Minister may, by order, designate any animal or thing that is capable of being affected or contaminated by the disease or toxic substance in respect of which the primary control zone is declared.

  • Marginal note:Prohibition — primary control zone

    (3) No person shall remove from, move within or take into the primary control zone a designated animal or thing except in accordance with a permit issued by the Minister.

Marginal note:Secondary control zone
  • 27.1 (1) If the Minister makes an order under subsection 27(1), he or she may — for the purpose of preventing the spread of the disease or toxic substance identified in the order or monitoring that disease or toxic substance — by order, declare any area that he or she considers necessary to be a secondary control zone, in which case the Minister shall describe the zone.

  • Marginal note:Disease outside Canada

    (2) If the Minister believes that a disease or toxic substance exists in an area outside Canada, he or she may — for the purpose of preventing the spread of that disease or toxic substance into Canada or monitoring that disease or toxic substance — by order, declare any area in Canada that he or she considers necessary to be a secondary control zone, in which case the Minister shall describe the zone and identify that disease or toxic substance.

  • Marginal note:Designated animal or thing

    (3) The Minister may, by order, designate any animal or thing that is capable of being affected or contaminated by the disease or toxic substance in respect of which the secondary control zone referred to in subsection (2) is declared.

  • Marginal note:Conditions

    (4) The Minister may, by order, prohibit or impose conditions on — including requiring a permit for — removing from, moving within or taking into a secondary control zone a designated animal or thing.

  • Marginal note:Compliance

    (5) Any person to whom an order made under subsection (4) applies shall comply with it.

Marginal note:Permits

27.2 A permit referred to in subsection 27(3) or 27.1(4) may be issued as a general permit to owners or persons having the possession, care or control of a designated animal or thing.

Marginal note:Order amended

27.3 The Minister may, by order, amend or revoke an order made under subsection 27(1) or (2) or one made under any of subsections 27.1(1) to (4).

Marginal note:Measures

27.4 The Minister may take all reasonable measures that are consistent with public safety to remedy any dangerous condition or mitigate any danger to life, health, property or the environment that results, or may reasonably be expected to result, from the existence of a disease or toxic substance in a primary control zone.

Marginal note:Regulations

27.5 The Minister may make regulations prohibiting or regulating the movement of persons or designated animals or things from, within or into a primary or secondary control zone for the purpose of controlling or eliminating a disease or toxic substance, in respect of which the primary control zone or a secondary control zone referred to in subsection 27.1(2) was declared, or preventing its spread.

Marginal note:Treatment or disposal
  • 27.6 (1) The Minister may, in respect of a designated animal or thing that is or has been in a primary or secondary control zone,

    • (a) treat that animal or thing or require its owner or the person having the possession, care or control of it to treat it or to have it treated if the Minister considers that the treatment will be effective in eliminating the disease or toxic substance or preventing its spread; or

    • (b) dispose of that animal or thing or require its owner or the person having the possession, care or control of it to dispose of it.

  • Marginal note:Return animal or thing

    (2) If an inspector or officer believes on reasonable grounds that a designated animal or thing has been removed from, moved within or taken into a primary control zone in contravention of subsection 27(3) — or a secondary control zone in contravention of an order made under subsection 27.1(4) — the inspector or officer may, whether or not that animal or thing is seized, move it to any place or require its owner or the person having the possession, care or control of it to move it to any place.

  • Marginal note:Notice

    (3) A requirement under subsection (1) or (2) shall be communicated by the personal delivery of a notice to the owner or person having the possession, care or control of the animal or thing, or by sending the notice to the owner or person. The notice shall specify the period within which and the manner in which the requirement is to be met.

Marginal note:Statutory Instruments Act
  • 28. (1) The Statutory Instruments Act does not apply in respect of a declaration under section 22, 23 or 26, an order made under subsection 27(1) or (2), any of subsections 27.1(1) to (4) or section 27.3 or a permit referred to in subsection 27(3) or 27.1(4) that is issued as a general permit.

  • Marginal note:Accessibility

    (2) The Minister shall take any steps that may be reasonable in the circumstances to make the order or general permit accessible to persons likely to be affected by it.

 Section 33 of the Act is replaced by the following:

Marginal note:Inspectors and officers may exercise Minister’s powers
  • 33. (1) An inspector or officer may, subject to any restrictions or limitations specified by the Minister, exercise any of the powers and perform any of the duties or functions of the Minister under this Act, except the powers mentioned in subsections 27(1) and 27.1(1) and (2) and sections 27.4 and 27.5.

  • Marginal note:Minister’s power — section 27.3

    (2) An inspector or officer may, subject to any restrictions or limitations specified by the Minister, exercise the Minister’s powers under section 27.3 only in respect of orders made under subsections 27(2) and 27.1(3) and (4).

 

Page Details

Date modified: