Jobs and Growth Act, 2012 (S.C. 2012, c. 31)

Assented to 2012-12-14

Marginal note:2009, c. 10, s. 6

 Section 12.1 of the Act is replaced by the following:

Marginal note:Advance information
  • 12.1 (1) Before the arrival of a conveyance in Canada, the owner or person in charge of a conveyance who is prescribed or any other prescribed person shall give the Agency prescribed information about the conveyance and the persons and goods on board or expected to be on board the conveyance.

  • Marginal note:Exemption

    (2) A person who is required to provide information under subsection (1) shall hold a valid carrier code unless they are exempt.

  • Marginal note:Carrier code — requirements

    (3) An application for a carrier code shall be made in the prescribed form with the prescribed information.

  • Marginal note:Carrier code — issuance

    (4) The Minister shall issue a carrier code to a person who applies for it if the application meets the requirements referred to in subsection (3) and the Minister is satisfied that the prescribed requirements and conditions for the carrier code to be issued have been met.

  • Marginal note:Carrier code — suspension, cancellation and reinstatement

    (5) The Minister may, subject to the regulations, suspend, cancel or reinstate a carrier code.

  • Marginal note:Notification

    (6) The Minister may issue a notification to any person who provides information under subsection (1) to require the person to take any specified measure with respect to the information.

  • Marginal note:Obligation to comply

    (7) The person to whom a notification is issued shall comply with the notification.

  • Marginal note:Regulations

    (8) The Governor in Council may make regulations for the purposes of this section, including regulations

    • (a) respecting the information that must be given under subsection (1);

    • (b) prescribing the persons or classes of persons who must give the information under subsection (1);

    • (c) respecting the circumstances in which the information must be given under subsection (1);

    • (d) respecting the time within which and the manner in which the information must be given under subsection (1);

    • (e) regarding the requirements and conditions that are to be met before a carrier code may be issued;

    • (f) regarding the persons or classes of persons who are exempt from holding a valid carrier code; and

    • (g) regarding the manner and circumstances in which a carrier code may be suspended, cancelled or reinstated.

Marginal note:2009, c. 10, s. 12

 Subsection 107.1(1) of the Act is replaced by the following:

Marginal note:Passenger information
  • 107.1 (1) The Minister may, under prescribed circumstances and conditions, require any prescribed person or prescribed class of persons to provide, or to provide access to, within the prescribed time and in the prescribed manner, prescribed information about any person on board or expected to be on board a conveyance.

Coming into Force

Marginal note:Order in council

 Sections 264 and 266 come into force on a day or days to be fixed by order of the Governor in Council.

Division 13R.S., c. 24 (3rd Supp.), Part IIIHazardous Materials Information Review Act

Amendments to the Act

  •  (1) The portion of subsection 10(1) of the Hazardous Materials Information Review Act before the first definition is replaced by the following:

    Marginal note:Definitions
    • 10. (1) The following definitions apply in this Act.

  • (2) The definitions “Commission”, “President”, “rule” and “screening officer” in subsection 10(1) of the Act are repealed.

  • (3) The definitions directeur de la Section d’appel and directeur de la Section de contrôle in subsection 10(1) of the French version of the Act are repealed.

  • (4) The definitions “Chief Appeals Officer” and “Chief Screening Officer” in subsection 10(1) of the English version of the Act are replaced by the following:

    “Chief Appeals Officer”

    « agent d’appel en chef »

    “Chief Appeals Officer” means an individual designated as the Chief Appeals Officer under subsection 47(1);

    “Chief Screening Officer”

    « agent de contrôle en chef »

    “Chief Screening Officer” means an individual designated as the Chief Screening Officer under subsection 47(1);

  • (5) The definition “affected party” in subsection 10(1) of the English version of the Act is amended by replacing “this Part” with “this Act”.

  • (6) Subsection 10(1) of the French version of the Act is amended by adding the following in alphabetical order:

    « agent d’appel en chef »

    “Chief Appeals Officer”

    agent d’appel en chef Individu désigné à ce titre en vertu du paragraphe 47(1).

    « agent de contrôle en chef »

    “Chief Screening Officer”

    agent de contrôle en chef Individu désigné à ce titre en vertu du paragraphe 47(1).

Marginal note:1996, c. 8, par. 34(1)(b)

 Subsection 13(2) of the Act is repealed.

Marginal note:2007, c. 7, s. 7(2)
  •  (1) Paragraph 23(1)(b) of the Act is amended by adding “and” at the end of subparagraph (ii), by striking out “and” at the end of subparagraph (iii), and by repealing subparagraph (iv).

  • (2) Section 23 of the Act is amended by adding the following after subsection (1):

    • Marginal note:Appearance of Minister

      (1.1) The Minister may appear before the appeal board to make representations with respect to a submission made to it.

 Paragraph 24(1)(a) of the Act is replaced by the following:

  • (a) cause a copy of the decision to be given to the claimant and the Minister; and

 The heading before section 28 of the Act is replaced by the following:

COUNCIL

 Subsection 28 of the Act is replaced by the following:

Marginal note:Council established
  • 28. (1) The Minister shall establish a council, whose members are appointed by the Minister, to advise and assist him or her on matters arising in connection with the operation of this Act.

  • Marginal note:Appointment of members

    (2) The council shall consist of the following members:

    • (a) two members to represent workers, appointed after consultation by the Minister with any organizations representative of workers that the Minister considers appropriate;

    • (b) one member to represent suppliers, appointed after consultation by the Minister with any organizations representative of suppliers that the Minister considers appropriate;

    • (c) one member to represent employers, appointed after consultation by the Minister with any organizations representative of employers that the Minister considers appropriate;

    • (d) one member to represent the Government of Canada, appointed on the recommendation of the Minister of Labour; and

    • (e) not fewer than four and not more than 13 members to represent the governments of the 10 provinces, the Government of Yukon, the Government of the Northwest Territories and the Government of Nunavut, appointed after consultation by the Minister with each of those governments.

 The heading before section 29 and sections 29 to 42 of the Act are repealed.

 Subsection 43(3) of the Act is replaced by the following:

  • Marginal note:Lists of nominees

    (3) The Chief Appeals Officer shall establish and maintain in respect of each province the following lists of nominees for appointment to appeal boards to be convened in that province:

    • (a) in relation to appeals relating to the provisions of the Hazardous Products Act,

      • (i) a list containing the names of persons nominated for appointment by any organizations representative of workers in that province that the Minister considers appropriate, and

      • (ii) a list containing the names of persons nominated for appointment by any organizations representative of suppliers and any organizations representative of employers in that province that the Minister considers appropriate; and

    • (b) in relation to appeals relating to the provisions of the Canada Labour Code,

      • (i) a list containing the names of persons nominated for appointment by any organizations representative of employees in that province to whom the Canada Labour Code applies that the Minister of Labour considers appropriate, and

      • (ii) a list containing the names of persons nominated for appointment by any organizations representative of employers in that province to whom the Canada Labour Code applies that the Minister of Labour considers appropriate.

  • Marginal note:Council consulted

    (3.1) The Minister shall consult the council in identifying the organizations that the Minister considers appropriate for the purposes of paragraph (3)(a).

 
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