Canada Border Services Agency Act (S.C. 2005, c. 38)

Act current to 2017-05-11 and last amended on 2007-02-10. Previous Versions

Canada Border Services Agency Act

S.C. 2005, c. 38

Assented to 2005-11-03

An Act to establish the Canada Border Services Agency

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

Short Title

Marginal note:Short title

 This Act may be cited as the Canada Border Services Agency Act.

Interpretation

Marginal note:Definitions

 The following definitions apply in this Act.

Agency

Agence

Agency means the Canada Border Services Agency established under subsection 3(1). (Agence)

Minister

ministre

Minister means the Minister of Public Safety and Emergency Preparedness. (ministre)

President

président

President means the President of the Agency appointed under subsection 7(1). (président)

program legislation

législation frontalière

program legislation means any other Act of Parliament or any instrument made under it, or any part of such an Act or instrument,

  • 2005, c. 38, ss. 2, 145.

Establishment and Mandate of the Agency

Marginal note:Agency established
  •  (1) The Canada Border Services Agency is established as a body corporate.

  • Marginal note:Agent of Her Majesty

    (2) The Agency is for all purposes an agent of Her Majesty in right of Canada.

Marginal note:Head office

 The head office of the Agency is to be in the National Capital Region described in the schedule to the National Capital Act.

Marginal note:Mandate of Agency
  •  (1) The Agency is responsible for providing integrated border services that support national security and public safety priorities and facilitate the free flow of persons and goods, including animals and plants, that meet all requirements under the program legislation, by

    • (a) supporting the administration or enforcement, or both, as the case may be, of the program legislation;

    • (b) implementing agreements between the Government of Canada or the Agency and a foreign state or a public body performing a function of government in a foreign state to carry out an activity, provide a service or administer a tax or program;

    • (c) implementing agreements between the Government of Canada or the Agency and the government of a province or other public body performing a function of the Government in Canada to carry out an activity, provide a service or administer a tax or program;

    • (d) implementing agreements or arrangements between the Agency and departments or agencies of the Government of Canada to carry out an activity, provide a service or administer a program; and

    • (e) providing cooperation and support, including advice and information, to other departments and agencies of the Government of Canada to assist them in developing, evaluating and implementing policies and decisions in relation to program legislation for which they have responsibility.

  • Marginal note:Support

    (2) The Agency may provide support, through the provision of services, to departments and agencies for which the Minister is responsible, in accordance with agreements or arrangements entered into with those departments and agencies.

Minister

Marginal note:Minister responsible
  •  (1) The Minister is responsible for the Agency.

  • Marginal note:Delegation by Minister

    (2) The Minister may delegate to any person any power, duty or function conferred on the Minister under this Act or under the program legislation.

  • Marginal note:Exception

    (3) Subsection (2) does not apply if an Act of Parliament other than this Act authorizes the Minister to delegate the power, duty or function to any person or authorizes any person to exercise or perform it.

  • Marginal note:Limitation

    (4) Subsection (2) does not apply in respect of a power to make regulations.

President and Executive Vice-president

Marginal note:Appointment
  •  (1) The Governor in Council shall appoint a President of the Agency to hold office during pleasure for a term of not more than five years, which term may be renewed for one or more further terms.

  • Marginal note:Executive Vice-president

    (2) The Governor in Council may appoint an Executive Vice-president of the Agency to hold office during pleasure for a term of not more than five years, which term may be renewed for one or more further terms.

Marginal note:Role of President
  •  (1) The President, under the direction of the Minister, has the control and management of the Agency and all matters connected with it.

  • Marginal note:Rank of deputy head

    (2) The President has the rank and all the powers of a deputy head of a department.

  • Marginal note:Executive Vice-president’s powers

    (3) The Executive Vice-president shall exercise the powers and perform the duties and functions that the President may assign and shall act as President if that office is vacant or if the President is absent or incapacitated.

Marginal note:Delegation by President
 
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