Repeals

Marginal note:2001, c. 32

109. Subsection 81(2) of An Act to amend the Criminal Code (organized crime and law enforcement) and to make consequential amendments to other Acts is repealed.

Marginal note:2001, c. 27

110. Section 245 of the Immigration and Refugee Protection Act is repealed.

Coordinating Amendments

2001, c. 29Transportation Appeal Tribunal of Canada Act

• 111. (1) On the later of the coming into force of subsection 36(2) of the Transportation Appeal Tribunal of Canada Act and subsection 13(3) of this Act, subsections 7(7) and (8) of the Aeronautics Act are replaced by the following:

  • Marginal note:Determination

    (7) The member of the Tribunal conducting the review may make the following determination:

    • (a) if the decision of the Minister relates to a person's designation under section 4.84, the member may determine the matter by confirming the Minister's decision or by referring the matter back to the Minister for reconsideration; or

    • (b) if the decision of the Minister relates to any other Canadian aviation document, the member may determine the matter by confirming the Minister's decision or by substituting his or her own determination.

  • Marginal note:Effect of decision pending reconsideration

    (7.1) If a decision of the Minister under subsection (1) is referred back to the Minister for reconsideration under paragraph (7)(a), the decision of the Minister remains in effect until the reconsideration is concluded.

  • Marginal note:Request for reconsideration of immediate threat

    (8) If no appeal from a determination under subsection (7) confirming the Minister's decision is taken under section 7.2 within the time limited for doing so under that section or an appeal panel has, on an appeal under that section, confirmed the Minister's decision under this section, or if the Minister, after reconsidering the matter under paragraph (7)(a) or 7.2(3)(b), has confirmed the suspension, the holder of the document or the owner or operator of any aircraft, airport or other facility in respect of which the document was issued may, in writing, request the Minister to reconsider whether the immediate threat to aviation safety or security referred to in subsection (1) that occasioned the suspension continues to exist or is likely to occur as described in that subsection.

• (2) On the later of the coming into force of section 38 of the Transportation Appeal Tribunal of Canada Act and subsection 14(1) of this Act, section 7.2 of the Aeronautics Act is replaced by the following:

  Marginal note:Right of appeal

  • 7.2 (1) Within thirty days after the determination,

    • (a) a person affected by the determination may appeal a determination made under subsection 6.72(4), paragraph 7(7)(a) or subsection 7.1(7) to the Tribunal; or

    • (b) a person affected by the determination or the Minister may appeal a determination made under subsection 6.9(8) or paragraph 7(7)(b) to the Tribunal.

  • Marginal note:Loss of right of appeal

    (2) A party that does not appear at a review hearing is not entitled to appeal a determination, unless they establish that there was sufficient reason to justify their absence.

  • Marginal note:Disposition of appeal

    (3) The appeal panel of the Tribunal assigned to hear the appeal may

    • (a) in the case of a determination made under subsection 6.72(4), paragraph 7(7)(a) or subsection 7.1(7), dismiss the appeal or refer the matter back to the Minister for reconsideration; or

    • (b) in the case of a determination made under subsection 6.9(8) or paragraph 7(7)(b), dismiss the appeal, or allow the appeal and substitute its own decision.

  • Marginal note:Effect of decision pending reconsideration

    (4) If a decision to suspend or cancel a Canadian aviation document is referred back to the Minister for reconsideration under paragraph (3)(a), the decision of the Minister remains in effect until the reconsideration is concluded. However, the appeal panel, after considering any representations made by the parties, may grant a stay of the decision made under subsection 7.1(7) until the reconsideration is concluded, if it is satisfied that granting a stay would not constitute a threat to aviation safety or security.

• (3) On the later of the coming into force of section 38 of the Transportation Appeal Tribunal of Canada Act and subsection 2(4) of this Act, the portion of subsection 3(3) of the Aeronautics Act before paragraph (a) is replaced by the following:

  • Marginal note:Exception

    (3) The following documents are deemed not to be a Canadian aviation document for the purposes of sections 6.6 to 7.21:

2002, c. 28Pest Control Products Act

• 111.1 (1) If section 89 of the Pest Control Products Act (the “other Act”), chapter 28 of the Statutes of Canada, 2002, comes into force before section 99 of this Act, then

  • (a) on the coming into force of section 89 of the other Act, section 99 of this Act is repealed; and

  • (b) on the coming into force of section 66 of this Act, the other Act is amended by adding the following after section 67:

    INTERIM ORDERS

    Marginal note:Interim orders

    • 67.1 (1) The Minister may make an interim order that contains any provision that may be contained in a regulation made under this Act if the Minister believes that immediate action is required to deal with a significant risk, direct or indirect, to health, safety or the environment.

    • Marginal note:Cessation of effect

      (2) An interim order has effect from the time that it is made but ceases to have effect on the earliest of

      • (a) 14 days after it is made, unless it is approved by the Governor in Council,

      • (b) the day on which it is repealed,

      • (c) the day on which a regulation made under this Act, that has the same effect as the interim order, comes into force, and

      • (d) one year after the interim order is made or any shorter period that may be specified in the interim order.

    • Marginal note:Contravention of unpublished order

      (3) No person shall be convicted of an offence consisting of a contravention of an interim order that, at the time of the alleged contravention, had not been published in the Canada Gazette unless it is proved that, at the time of the alleged contravention, the person had been notified of the interim order or reasonable steps had been taken to bring the purport of the interim order to the notice of those persons likely to be affected by it.

    • Marginal note:Exemption from Statutory Instruments Act

      (4) An interim order

      • (a) is exempt from the application of sections 3, 5 and 11 of the Statutory Instruments Act; and

      • (b) shall be published in the Canada Gazette within 23 days after it is made.

    • Marginal note:Deeming

      (5) For the purpose of any provision of this Act other than this section, any reference to regulations made under this Act is deemed to include interim orders, and any reference to a regulation made under a specified provision of the Act is deemed to include a reference to the portion of an interim order containing any provision that may be contained in a regulation made under the specified provision.

    • Marginal note:Tabling of order

      (6) A copy of each interim order must be tabled in each House of Parliament within 15 days after it is made.

    • Marginal note:House not sitting

      (7) In order to comply with subsection (6), the interim order may be sent to the Clerk of the House if the House is not sitting.

• (2) If section 89 of the other Act comes into force after section 99 of this Act, then, on the coming into force of section 89 of the other Act, the other Act is amended by adding the following after section 67:

  INTERIM ORDERS

  Marginal note:Interim orders

  • 67.1 (1) The Minister may make an interim order that contains any provision that may be contained in a regulation made under this Act if the Minister believes that immediate action is required to deal with a significant risk, direct or indirect, to health, safety or the environment.

  • Marginal note:Cessation of effect

    (2) An interim order has effect from the time that it is made but ceases to have effect on the earliest of

    • (a) 14 days after it is made, unless it is approved by the Governor in Council,

    • (b) the day on which it is repealed,

    • (c) the day on which a regulation made under this Act, that has the same effect as the interim order, comes into force, and

    • (d) one year after the interim order is made or any shorter period that may be specified in the interim order.

  • Marginal note:Contravention of unpublished order

    (3) No person shall be convicted of an offence consisting of a contravention of an interim order that, at the time of the alleged contravention, had not been published in the Canada Gazette unless it is proved that, at the time of the alleged contravention, the person had been notified of the interim order or reasonable steps had been taken to bring the purport of the interim order to the notice of those persons likely to be affected by it.

  • Marginal note:Exemption form Statutory Instruments Act

    (4) An interim order

    • (a) is exempt from the application of sections 3, 5 and 11 of the Statutory Instruments Act; and

    • (b) shall be published in the Canada Gazette within 23 days after it is made.

  • Marginal note:Deeming

    (5) For the purpose of any provision of this Act other than this section, any reference to regulations made under this Act is deemed to include interim orders, and any reference to a regulation made under a specified provision of the Act is deemed to include a reference to the portion of an interim order containing any provision that may be contained in a regulation made under the specified provision.

  • Marginal note:Tabling of order

    (6) A copy of each interim order must be tabled in each House of Parliament within 15 days after it is made.

  • Marginal note:House not sitting

    (7) In order to comply with subsection (6), the interim order may be sent to the Clerk of the House if the House is not sitting.

• (3) If section 89 of the other Act comes into force on the same day as section 99 of this Act, then section 89 of the other Act is deemed to have come into force after section 99 of this Act and subsection (2) applies.