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

Assented to 2012-12-14

 Section 45 of the Act and the heading before it are replaced by the following:

SUPERANNUATION

Marginal note:Members

45. A member of the council or of an appeal board shall be deemed not to be employed in the public service for the purposes of the Public Service Superannuation Act unless the Governor in Council, by order, deems the member to be so employed for those purposes.

  •  (1) Subsection 46(1) of the Act is replaced by the following:

    Marginal note:Information privileged
    • 46. (1) Subject to this Act and any regulations made under it, all information obtained from a supplier or employer for the purposes of this Act is privileged and, despite the Access to Information Act or any other Act or law, no person who has obtained information from a supplier or employer for the purposes of this Act shall knowingly, without the written consent of the person who provided the information,

      • (a) communicate the information, or allow it to be communicated, to any person; or

      • (b) allow any person to inspect or to have access to any book, record, writing or other document containing that information.

    • Marginal note:Exception — administration or enforcement of Act

      (1.1) A person who has obtained information from a supplier or employer for the purposes of this Act may communicate the information or allow it to be communicated, or allow inspection of or access to any book, record, writing or other document containing that information for the purposes of the administration or enforcement of this Act.

  • Marginal note:1996, c. 8, s. 24

    (2) The portion of subsection 46(2) of the Act before paragraph (c) is replaced by the following:

    • Marginal note:Exceptions

      (2) A person who has obtained information from a supplier or employer for the purposes of this Act may communicate the information or allow it to be communicated, or allow inspection of or access to any book, record, writing or other document containing that information, to or by

  • (3) Subsection 46(3) of the Act is replaced by the following:

    • Marginal note:Other exceptions

      (3) A person who has obtained information from a supplier or employer for the purposes of this Act may communicate or disclose the information or cause it to be communicated or disclosed to any physician or prescribed medical professional who requests that information for the purpose of making a medical diagnosis of, or rendering medical treatment to, a person in an emergency.

 Section 47 of the Act and the heading before it are replaced by the following:

POWERS OF THE MINISTER

Marginal note:Designations
  • 47. (1) The Minister may designate any individual as Chief Screening Officer and any other individual as Chief Appeals Officer.

  • Marginal note:Powers and functions

    (2) The Minister may, in addition to exercising the powers and performing the functions specified in this Act,

    • (a) exercise the powers and perform the functions that were previously conferred on or assigned to the Hazardous Materials Information Review Commission by any law of a province relating to occupational health and safety; and

    • (b) exercise the powers and perform the functions that are conferred on or assigned to him or her, in relation to the review of claims for exemption and to appeals, by any law of a province relating to occupational health and safety.

Marginal note:2007, c. 7, s. 8
  •  (1) Paragraph 48(1)(b.2) of the Act is replaced by the following:

    • (b.2) respecting the participation of the Minister in an appeal heard before an appeal board;

  • (2) Subsection 48(2) of the Act is replaced by the following:

    • Marginal note:Regulations prescribing fees

      (2) The Governor in Council may, on the recommendation of the Minister, after consultation by the Minister with the council, make regulations prescribing fees or the manner of calculating fees to be paid under this Act.

 Sections 50 and 51 of the Act are replaced by the following:

Marginal note:No personal liability

50. No member of an appeal board is personally liable for anything done or omitted to be done in good faith in the exercise or performance of their powers, duties or functions under this Act.

 The Act is amended by replacing “this Part” with “this Act” in the following provisions:

  • (a) section 9;

  • (b) subsections 10(2) and (3);

  • (c) subsection 19(3);

  • (d) subsection 43(4);

  • (e) paragraphs 48(1)(d) to (f); and

  • (f) the portion of subsection 49(1) before paragraph (a).

 The French version of the Act is amended by replacing “directeur de la Section d’appel” with “agent d’appel en chef”, with any grammatical changes that the circumstances require, in the following provisions:

  • (a) subsection 20(1.1);

  • (b) the portion of section 21 before paragraph (a);

  • (c) section 22;

  • (d) subsections 27(1) and (2); and

  • (e) paragraphs 43(1)(a) and (2)(a).

 The French version of the Act is amended by replacing “directeur de la Section de contrôle” with “agent de contrôle en chef”, with any grammatical changes that the circumstances require, in the following provisions:

  • (a) subsections 11(1) and (2);

  • (b) the portion of subsection 12(1) before paragraph (a); and

  • (c) subsections 18(1) and (2).

Transfer of Employees and Positions

Marginal note:Order
  •  (1) Before section 275 comes into force, the Governor in Council may, by order made on the recommendation of the Treasury Board, declare that any person appointed under section 38 of the Hazardous Materials Information Review Act or any class of those persons shall, on the coming into force of the order, occupy their positions in the Department of Health.

  • Marginal note:Transfer

    (2) Any person appointed under section 38 of the Hazardous Materials Information Review Act who has been advised that they will be laid off in accordance with subsection 64(1) of the Public Service Employment Act and who is not the subject of an order made under subsection (1) is, for the purpose of any workforce adjustment measure taken with respect to the person, transferred to the Department of Health on the day on which section 275 comes into force.

Transitional Provisions

Marginal note:Definitions

 The following definitions apply for the purposes of 287 to 289.

“Commission”

« Conseil »

“Commission” means the Hazardous Materials Information Review Commission established by subsection 28(1) of the Hazardous Materials Information Review Act.

“Minister”

« ministre »

“Minister” means the Minister of Health.

Marginal note:Transfer of appropriations

 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 Commission that is unexpended on the day on which this section comes into force is deemed, on that day, to be an amount appropriated for defraying the charges and expenses of the Department of Health.

Marginal note:Transfer of powers, duties and functions

 If, under any Act of Parliament, any instrument made under an Act of Parliament or any order, contract, lease, licence or other document, any power, duty or function is vested in or may be exercised or performed by the Commission or its President in relation to any matter to which the powers, duties and functions of the Minister extend by virtue of the Hazardous Materials Information Review Act, that power, duty or function is vested in or may be exercised or performed by the Minister, unless the Governor in Council by order designates another Minister to exercise that power or perform that duty or function.

Marginal note:Rights and obligations transferred

 All rights and property held by or in the name of or in trust for the Commission and all obligations and liabilities of the Commission are deemed to be rights, property, obligations and liabilities of Her Majesty in right of Canada.

Consequential Amendments

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

Marginal note:R.S., c. 24 (3rd Supp.), s. 52

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

  • Hazardous Materials Information Review Commission

    Conseil de contrôle des renseignements relatifs aux matières dangereuses

R.S., c. F-11Financial Administration Act

Marginal note:1992, c. 1, s. 72; 1996, c. 8, s. 23

 Schedule I.1 to the Financial Administration Act is amended by striking out, in column I, the reference to

  • Hazardous Materials Information Review Commission

    Conseil de contrôle des renseignements relatifs aux matières dangereuses

and the corresponding reference in column II to “Minister of Health”.

 
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