Budget Implementation Act, 2017, No. 1 (S.C. 2017, c. 20)
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Assented to 2017-06-22
PART 4Various Measures (continued)
DIVISION 15Agreements — Minister of Transport (continued)
R.S., c. 32 (4th Supp.)Railway Safety Act
315 The Railway Safety Act is amended by adding the following after section 47.3:
Agreements
Marginal note:Agreement — cost recovery
47.4 (1) The Minister may enter into an agreement with any person respecting any matter for which a regulation made under subsection 47.2(1) could prescribe a fee or charge.
Marginal note:Regulations — exemption
(2) If both an agreement entered into under subsection (1) and a regulation made under subsection 47.2(1) relate to the same matter, the regulation does not apply to the person who has entered into the agreement in respect of the matter for which payment is required under the agreement.
Marginal note:Recovery
(3) When the Minister enters into an undertaking with respect to a matter for which payment of an amount is required from the other party under the terms of an agreement entered into under subsection (1), the undertaking is deemed, for the purposes of recovering that amount, not to be a duty of the Minister under this Act.
Marginal note:Debt due to Her Majesty
(4) All amounts payable under an agreement entered into under subsection (1) and any interest payable on them constitute a debt due to Her Majesty in right of Canada.
Marginal note:Spending
(5) The Minister may spend the amounts received under an agreement entered into under subsection (1) in the fiscal year in which they are received or in the next fiscal year.
2001, c. 26Canada Shipping Act, 2001
316 The Canada Shipping Act, 2001 is amended by adding the following after section 36:
Marginal note:Agreement — cost recovery
36.01 (1) The Minister of Transport may enter into an agreement with any person or organization respecting any matter for which a regulation made under paragraph 35(1)(g) could prescribe a fee.
Marginal note:Regulations — exemption
(2) If both an agreement entered into under subsection (1) and a regulation made under paragraph 35(1)(g) relate to the same matter, the regulation does not apply to the person or organization that has entered into the agreement in respect of the matter for which payment is required under the agreement.
Marginal note:Recovery
(3) When the Minister of Transport enters into an undertaking in respect of a matter for which payment of an amount is required from the other party under the terms of an agreement entered into under subsection (1), the undertaking is deemed, for the purposes of recovering that amount, not to be a duty of the Minister under this Act.
Marginal note:Debt due to Her Majesty
(4) All amounts payable under an agreement entered into under subsection (1) and any interest payable on them constitute a debt due to Her Majesty in right of Canada and may be recovered as such in any court of competent jurisdiction.
Marginal note:Spending
(5) The Minister of Transport may spend the amounts received under an agreement entered into under subsection (1) in the fiscal year in which they are received or in the next fiscal year.
DIVISION 16R.S., c. F-27Food and Drugs Act
317 The Food and Drugs Act is amended by adding the following after section 30.6:
Fees
Marginal note:Fees
30.61 (1) The Minister may, by order, fix the following fees in relation to a drug, device, food or cosmetic:
(a) fees to be paid for a service, or the use of a facility, provided under this Act;
(b) fees to be paid in respect of regulatory processes or approvals provided under this Act; and
(c) fees to be paid in respect of products, rights and privileges provided under this Act.
Marginal note:Amount not to exceed cost
(2) A fee fixed under paragraph (1)(a) may not exceed the cost to Her Majesty in right of Canada of providing the service or the use of the facility.
Marginal note:Aggregate amount not to exceed cost
(3) Fees fixed under paragraph (1)(b) may not in the aggregate exceed the cost to Her Majesty in right of Canada in respect of providing the regulatory processes or approvals.
Marginal note:Consultation
30.62 Before making an order under subsection 30.61(1), the Minister shall consult with any persons that the Minister considers to be interested in the matter.
Marginal note:Remission of fees
30.63 (1) The Minister may, by order, remit all or part of any fee fixed under subsection 30.61(1) and the interest on it.
Marginal note:Remission may be conditional
(2) A remission granted under subsection (1) may be conditional.
Marginal note:Conditional remission
(3) If a remission granted under subsection (1) is conditional and the condition is not fulfilled, then the remission is cancelled and is deemed never to have been granted.
Marginal note:Non-payment of fees
30.64 The Minister may withdraw or withhold a service, the use of a facility, a regulatory process or approval or a product, right or privilege under this Act from any person who fails to pay the fee fixed for it under subsection 30.61(1).
Marginal note:Adjustment of amounts
30.65 (1) An order made under subsection 30.61(1) may prescribe rules for the adjustment of the amount of the fee by any amounts or ratios that are referred to in the order, for the period that is specified in the order.
Marginal note:Notice of adjusted amount
(2) The amount of a fee that is subject to an adjustment rule remains unadjusted for the specified period unless, before the beginning of that period, the Minister publishes a notice in the Canada Gazette that specifies the adjusted amount and the manner in which it was determined.
Marginal note:Service Fees Act
30.66 The Service Fees Act does not apply to a fee fixed under subsection 30.61(1).
DIVISION 17Labour and Employment Laws
R.S., c. L-2Canada Labour Code
318 (1) Section 2 of the Canada Labour Code is amended by adding the following in alphabetical order:
- external adjudicator
external adjudicator means a person appointed under subsection 12.001(1); (arbitre externe)
(2) Section 2 of the Act is amended by adding the following in alphabetical order:
- Board
Board means the Canada Industrial Relations Board established by section 9; (Conseil)
319 The definition Board in subsection 3(1) of the Act is repealed.
320 (1) Paragraph 9(2)(e) of the Act is replaced by the following:
(e) any other full-time or part-time members that the Governor in Council considers necessary to assist the Board in carrying out its functions under Parts II and III.
(2) Paragraph 9(2)(e) of the Act is replaced by the following:
(e) any other full-time or part-time members that the Governor in Council considers necessary to assist the Board in carrying out its functions under Parts II, III and IV.
321 Section 10.1 of the Act is renumbered as subsection 10.1(1) and is amended by adding the following:
Marginal note:Exemption
(2) The Governor in Council may, by order, exempt a member from the requirement set out in subsection (1), subject to any conditions that the Governor in Council may prescribe.
322 (1) The Act is amended by adding the following after section 12:
Marginal note:Appointment of external adjudicator
12.001 (1) The Chairperson may, if the Chairperson considers it advisable, appoint an external adjudicator to determine any matter that comes before the Board under Part II or III.
Marginal note:Powers, duties and functions
(2) An external adjudicator has all the powers, duties and functions that are conferred on the Board by this Act with respect to any matter for which they have been appointed.
Marginal note:Decision of external adjudicator
(3) An order or decision made or a direction issued by an external adjudicator under this Act is deemed to be an order or decision made or a direction issued by the Board, as the case may be.
Marginal note:Remuneration and expenses
(4) An external adjudicator shall be paid the remuneration and the fees that may be fixed by the Chairperson and is entitled to be paid reasonable travel and living expenses incurred by them in the course of their duties while absent from their ordinary place of residence.
(2) Subsection 12.001(1) of the Act is replaced by the following:
Marginal note:Appointment of external adjudicator
12.001 (1) The Chairperson may, if the Chairperson considers it advisable, appoint an external adjudicator to determine any matter that comes before the Board under Part II, III or IV.
323 Subsections 12.02(2) and (3) of the Act are replaced by the following:
Marginal note:Quorum
(2) For the purposes of subsection (1), the following persons constitute a quorum:
(a) subject to paragraph (b), the Chairperson, two Vice-Chairpersons and two other members representing, respectively, employees and employers; or
(b) at a meeting held for the making of regulations respecting matters that are not governed by Part I, the Chairperson, two Vice-Chairpersons and, if two or more full-time members have been appointed under paragraph 9(2)(e), two of those members.
Marginal note:Equal representation
(3) If, at a meeting referred to in subsection (1) held for the making of regulations respecting matters that are governed by Part I, there is an unequal number of members representing employers and employees, the Chairperson shall designate an equal number of members who are authorized to vote on the making of those regulations and who represent employers and employees respectively.
Marginal note:Members not permitted to vote
(4) Members who represent employees or employers are not permitted to vote on the making of regulations respecting matters that are not governed by Part I.
324 (1) The Act is amended by adding the following after section 12.05:
Marginal note:Limitation of liability
12.051 The Chairperson, Vice-Chairpersons and other members are not personally liable, either civilly or criminally, for anything done or omitted to be done by them in good faith in the exercise or purported exercise of any power, or in the performance or purported performance of any duty or function, conferred on them under this Act.
(2) Section 12.051 of the Act is replaced by the following:
Marginal note:Limitation of liability
12.051 The Chairperson, Vice-Chairpersons, other members and external adjudicators are not personally liable, either civilly or criminally, for anything done or omitted to be done by them in good faith in the exercise or purported exercise of any power, or in the performance or purported performance of any duty or function, conferred on them under this Act.
325 (1) Subsection 14(1) of the Act is replaced by the following:
Marginal note:Panels
14 (1) Subject to subsections (3) and (3.1), a panel of not fewer than three members, at least one of whom is the Chairperson or a Vice-Chairperson, may determine any matter that comes before the Board under this Act.
(2) Subsections 14(4) and (5) of the Act are replaced by the following:
Marginal note:Single person — Parts II and III
(3.1) The Chairperson, a Vice-Chairperson or a member appointed under paragraph 9(2)(e) may alone determine a matter that comes before the Board under Part II or III.
Marginal note:Deemed panel
(4) The Chairperson, a Vice-Chairperson or another member who determines a matter under subsection (3) or (3.1) is deemed to be a panel.
Marginal note:Powers, duties and functions
(5) A panel has all the powers, duties and functions that are conferred on the Board by this Act with respect to any matter assigned to the panel.
(3) Subsection 14(3.1) of the Act is replaced by the following:
Marginal note:Single person — Parts II, III and IV
(3.1) The Chairperson, a Vice-Chairperson or a member appointed under paragraph 9(2)(e) may alone determine a matter that comes before the Board under Part II, III or IV.
326 Subsection 14.2(2) of the Act is replaced by the following:
Marginal note:Time limit
(2) If a decision is to be made under this Part, the panel shall make it and give notice of it to the parties no later than 90 days after the day on which the panel reserved the decision or within any further period that may be determined by the Chairperson.
327 (1) Paragraph 15(g) of the Act is replaced by the following:
(g) the hearing or determination of any application, complaint, question, dispute, difference or appeal that may be made or referred to the Board;
(2) Section 15 of the Act is amended by striking out “and” at the end of paragraph (p) and by replacing paragraph (q) with the following:
(p.1) the manner and criteria for selecting external adjudicators; and
(q) any other matters and things that may be incidental or conducive to the proper performance of the duties of the Board under this Act.
328 Subsection 15.1(1) of the Act is replaced by the following:
Marginal note:General power to assist parties
15.1 (1) The Board, any member of the Board or any external adjudicator — or an employee of the Administrative Tribunals Support Service of Canada who is authorized by the Board — may, if the parties agree, assist the parties in resolving any issues in dispute at any stage of a proceeding and by any means that the Board considers appropriate, without prejudice to the Board’s power to determine issues that have not been settled.
329 (1) Paragraph 16(m.1) of the Act is replaced by the following:
(m.1) to extend the time limits set out in this Act for instituting a proceeding;
(2) Section 16 of the Act is amended by striking out “and” at the end of paragraph (o.1), by adding “and” at the end of paragraph (p) and by adding the following after paragraph (p):
(q) to decide any question that may arise in a proceeding under Part II or III.
(3) Paragraph 16(q) of the Act is replaced by the following:
(q) to decide any question that may arise in a proceeding under Part II, III or IV.
330 Sections 19 and 19.1 of the Act are replaced by the following:
Marginal note:Application of orders
19 Where the Board may make any decision or issue any order, prescribe any term or condition or do any other thing in relation to any person or organization, the Board may do so generally or in any particular case or class of cases.
Marginal note:Interim orders
19.1 The Board may, on application by a trade union, an employer or an affected employee, make any interim order that the Board considers appropriate for the purpose of ensuring the fulfilment of the objectives of this Act.
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