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

Act current to 2017-07-03 and last amended on 2007-02-10. Previous Versions

Marginal note:Remuneration
  •  (1) The President and the Executive Vice-president shall be paid the remuneration that is fixed by the Governor in Council.

  • Marginal note:Expenses

    (2) The President and the Executive Vice-president are entitled to be paid reasonable travel and living expenses incurred by them in the course of performing their duties while absent from their ordinary place of work.

  • Marginal note:Deemed employment

    (3) The President and the Executive Vice-president are deemed to be 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.

  • 2005, c. 38, ss. 10, 144(E).

Human Resources

Marginal note:Officers and employees

 Officers and employees necessary for the proper conduct of the work of the Agency shall be appointed in accordance with the Public Service Employment Act.

Powers of the Agency

Marginal note:Exercise of powers conferred on Minister
  •  (1) Subject to any direction given by the Minister, the Agency may exercise the powers, and shall perform the duties and functions, that relate to the program legislation and that are conferred on, or delegated, assigned or transferred to, the Minister under any Act or regulation.

  • Marginal note:Officers and employees

    (2) An officer or employee of the Agency may exercise any power or perform any duty or function referred to in subsection (1) if the officer or employee is appointed to serve in the Agency in a capacity appropriate to the exercise of the power or the performance of the duty or function, and, in so doing, shall comply with any general or special direction given by the Minister.

  • Marginal note:Exception

    (3) Subsection (1) does not include

    • (a) any power, duty or function of the Minister under this Act; or

    • (b) a power to make regulations.

  • Marginal note:Non-application of Statutory Instruments Act

    (4) A direction given by the Minister under subsection (1) or (2) is not a statutory instrument for the purposes of the Statutory Instruments Act.

Marginal note:Agreements
  •  (1) Subject to sections 38 and 38.1 of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act, the Agency may, with the approval of the Governor in Council, on the recommendation of the Minister and the Minister of Foreign Affairs, enter into an agreement with a foreign state or an international organization, for the purposes of carrying out the mandate of the Agency.

  • Marginal note:Arrangements and agreements

    (2) The Agency may, for the purposes of carrying out its mandate,

    • (a) enter into an arrangement with a foreign state or an international organization; or

    • (b) enter into an agreement or arrangement with the government of a province, a department or agency of the Government of Canada or any person or organization.

  • 2005, c. 38, s. 13;
  • 2006, c. 12, s. 46.
Marginal note:Agreements to administer a tax
  •  (1) The Agency may enter into or amend an agreement with a provincial or territorial government to administer a tax or other fiscal measure if the agreement is in accordance with guidelines relating to agreements of that kind established jointly by the Minister and the Minister of Finance.

  • Marginal note:Application of the Federal-Provincial Fiscal Arrangements Act

    (2) Parts III and III.1 of the Federal-Provincial Fiscal Arrangements Act do not apply to an agreement entered into or amended under subsection (1).

Expenditures

Marginal note:Appropriation Acts

 An appropriation Act may provide that the balance of money appropriated by Parliament for the use of the Agency that remains unexpended at the end of the fiscal year, after the adjustments referred to in section 37 of the Financial Administration Act are made, lapses at the end of the following fiscal year.

Annual Report

Marginal note:Annual report
  •  (1) The Minister shall, as soon as possible after the end of each fiscal year but no later than the end of the calendar year in which that fiscal year ends, cause to be laid before each House of Parliament a report of the operations and performance of the Agency for that fiscal year.

  • Marginal note:Reports required by Treasury Board

    (2) The obligation imposed by subsection (1) may be satisfied by the tabling of any reports of the operations and performance of the Agency required by the Treasury Board that contain the information required by that subsection.

Transitional Provisions

Definitions

Marginal note:Definitions

 The following definitions apply in sections 17 to 19 and 21 to 28.

former agency

ancienne agence

former agency means the portion of the federal public administration known as the Canada Border Services Agency. (ancienne agence)

new agency

nouvelle agence

new agency means the Canada Border Services Agency established under subsection 3(1). (nouvelle agence)

order P.C. 2003-2064

décret C.P. 2003-2064

order P.C. 2003-2064 means Order in Council P.C. 2003-2064 of December 12, 2003, registered as SI/2003-216. (décret C.P. 2003-2064)

  • 2005, c. 38, ss. 16, 144(E).

Former Agency

Marginal note:President and Executive Vice-president
  •  (1) The persons occupying the positions of President and Executive Vice-president of the former agency on the day on which this section comes into force become the President and Executive Vice-president of the new agency on that day and are deemed to have been appointed under section 7.

  • Marginal note:Positions

    (2) Nothing in this Act is to be construed as affecting the status of an employee who, immediately before the coming into force of this section, occupied a position in the former agency, except that the employee shall, on the coming into force of this section, occupy his or her position in the new agency under the direction of the President.

  • Marginal note:Definition of “employee”

    (3) In subsection (2), employee has the same meaning as in subsection 2(1) of the Public Service Employment Act.

Marginal note:Transfer of appropriations
  •  (1) Any amount appropriated, for the fiscal year in which this section comes into force, by an appropriation Act based on the Estimates for that year for defraying the charges and expenses of the federal public administration for the former agency that, on the day on which this section comes into force, is unexpended is deemed, on that day, to be an amount appropriated for defraying the charges and expenses of the federal public administration for the new agency.

  • Marginal note:Transfer of powers, duties and functions

    (2) Wherever under any Act, order, rule or regulation, or any contract, lease, licence or other document, any power, duty or function is vested in or exercisable by the President of the former agency or an employee of the former agency, the power, duty or function is vested in and shall be exercised by the President of the new agency or an employee of the new agency unless the Governor in Council by order designates a deputy minister or an officer of the federal public administration to exercise that power or perform that duty or function.

  • Marginal note:Continuation of proceedings

    (3) Any action, suit or other legal or administrative proceeding to which the former agency or its President is a party that is pending on the coming into force of this section may be continued by or against the new agency or its President in a similar manner and to the same extent as it would have been continued by or against the former agency or its President.

  • Marginal note:Deeming

    (4) Decisions made by the President of the former agency are deemed to be decisions made by the President of the new agency.

  • Marginal note:Validity of documents

    (5) All orders, rules, regulations, decisions, determinations and re-determinations, directions, licences, authorizations, certificates, consents, approvals, declarations, designations, permits, registrations, rates or other documents that are in force on the coming into force of this section and that are made or issued by the President of the former agency or any person under his or her authority continue in force as if they were made or issued by the President of the new agency or a person under his or her authority, as the case may be, until they expire or are repealed, replaced, rescinded or altered.

  • Marginal note:Continuation of evidentiary presumption

    (6) Every affidavit sworn, or document purporting to be certified, by an employee of the former agency before the day on which this section comes into force has the same probative value as if it were sworn or certified by an employee of the new agency after that day.

  • 2005, c. 38, ss. 18, 144(E).
 
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