143. The reference to the “Minister of National Revenue” in paragraph (a) of the definition “prescribed” in subsection 2(1) of the English version of the Customs Tariff is replaced by a reference to the “Solicitor General of Canada”.

COORDINATING AMENDMENTS

Marginal note:2003, c. 22

• 144. (1) If the definition “employee” in subsection 2(1) of the Public Service Labour Relations Act, as enacted by section 2 of the Public Service Modernization Act, comes into force before section 1 of this Act comes into force, then, on the day on which section 1 of this Act comes into force, subparagraph 138(q)(i) of this Act is repealed.

• Marginal note:2003, c. 22

  (2) If the definition “managerial or confidential position” in subsection 2(1) of the Public Service Labour Relations Act, as enacted by section 2 of the Public Service Modernization Act, comes into force before section 1 of this Act comes into force, then, on the day on which section 1 of this Act comes into force, subparagraph 138(q)(ii) of this Act is repealed.

• Marginal note:2003, c. 22

  (3) If section 11 of the Public Service Modernization Act comes into force before section 1 of this Act comes into force, then, on the day on which section 1 of this Act comes into force, subparagraph 138(q)(iii) of this Act is repealed.

• Marginal note:2003, c. 22

  (4) On the later of the coming into force of section 11 of the Public Service Modernization Act and the coming into force of section 1 of this Act,

  • (a) the reference in Schedule V to the Financial Administration Act to the “Canada Customs and Revenue Agency” is replaced by a reference to the “Canada Revenue Agency”; and

  • (b) Schedule IV to the Financial Administration Act is amended by adding the following in alphabetical order:

    • Canada Border Services Agency

      Agence des services frontaliers du Canada

• Marginal note:2003, c. 22

  (5) If section 1 of this Act comes into force before subsection 49(1) of the Public Service Modernization Act, then, on the day on which section 1 of this Act comes into force, that subsection is replaced by the following:

  Marginal note:Legal officers

  • 49. (1) For the purposes of the new Act, including any application under section 58 of the new Act, an employee who, on or after the day on which the definition “managerial or confidential position” in subsection 2(1) of that Act comes into force, is employed as a legal officer in the Department of Justice or the Canada Revenue Agency is deemed not to be included in any unit determined, in accordance with the former Act, to constitute a unit of employees appropriate for collective bargaining.

• Marginal note:2003, c. 22

  (6) If section 1 of this Act comes into force before section 95 of the Public Service Modernization Act, then, on the day on which section 1 of this Act comes into force, that section and the heading before it are replaced by the following:

  Canada Revenue Agency Act

  95. Paragraph 16(2)(c) of the English version of the Canada Revenue Agency Act is replaced by the following:

  • (c) is employed on a full-time basis in the federal public administration or the public service of a province or territory.

• Marginal note:2003, c. 22

  (7) On the later of the coming into force of section 224 of the Public Service Modernization Act and the coming into force of section 1 of this Act, subsection 10(3) of the English version of this Act is replaced by the following:

  • 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.

• Marginal note:2003, c. 22

  (8) On the later of the coming into force of section 224 of the Public Service Modernization Act and the coming into force of section 1 of this Act, a reference to the “public service of Canada” in the following provisions of the English version of this Act is replaced by a reference to “federal public administration”:

  • (a) the definition “former agency” in section 16; and

  • (b) subsections 18(1) and (2).

• Marginal note:2003, c. 22

  (9) If section 1 of this Act comes into force before section 224 of the Public Service Modernization Act, then, on the day on which section 1 of this Act comes into force, paragraph 224(k) of that Act is replaced by the following:

  • (k) sections 21 and 66 of the Canada Revenue Agency Act;

• Marginal note:2003, c. 22

  (10) If section 1 of this Act comes into force before section 229 of the Public Service Modernization Act, then, on the day on which section 1 of this Act comes into force, that section and the heading before it are replaced by the following:

  Canada Revenue Agency Act

  229. Subsection 55(1) of the Canada Revenue Agency Act is replaced by the following:

  Marginal note:Mobility to departments

  • 55. (1) For the purpose of deployments or appointments made, or advertised internal appointment processes, under the Public Service Employment Act, employees of the Agency must be treated as if they were employees within the meaning of the Public Service Employment Act and had the rights of recourse provided by that Act.

Marginal note:Bill C-6

• 145. (1) Subsections (2) and (3) apply if Bill C-6, introduced in the 1st Session of the 38th Parliament and entitled the Department of Public Safety and Emergency Preparedness Act (in this section, the “other Act”), receives royal assent.

• (2) On the later of the coming into force of section 1 of this Act and section 1 of the other Act, every reference to the “Solicitor General of Canada” in the following provisions is replaced by a reference to the “Minister of Public Safety and Emergency Preparedness”:

  • (a) the definition “Minister” in section 2 of this Act;

  • (b) paragraph (b) of the definition “Minister” in section 2 of the Agriculture and Agri-Food Administrative Monetary Penalties Act, as enacted by section 30 of this Act;

  • (c) section 5 of the Cultural Property Import and Export Act, as enacted by section 59 of this Act;

  • (d) in the Customs Act,

    • (i) the definition “Minister” in subsection 2(1), as enacted by subsection 60(2) of this Act,

    • (ii) subsection 97.211(1), as enacted by section 76 of this Act,

    • (iii) subsection 97.22(3), as enacted by section 77 of this Act,

    • (iv) subsection 97.34(2), as enacted by subsection 78(1) of this Act,

    • (v) subsections 97.34(4) and (5), as enacted by subsection 78(2) of this Act,

    • (vi) paragraph 107(3)(b), as enacted by subsection 80(2) of this Act, and

    • (vii) subsection 97.22(2) and sections 97.23 and 97.27, as amended by section 84 of this Act;

  • (e) in the Customs Tariff,

    • (i) paragraph 108(c), as enacted by section 88 of this Act, and

    • (ii) the provisions referred to in section 89 of this Act, as amended by that section;

  • (f) in the Excise Act, 2001,

    • (i) subsection 9(3), as enacted by section 93 of this Act,

    • (ii) subsection 68(1), as enacted by subsection 94(1) of this Act,

    • (iii) subsections 68(3) and (4), as enacted by subsection 94(2) of this Act,

    • (iv) paragraph 188(6)(b), as enacted by subsection 95(1),

    • (v) subparagraph 188(7)(b)(ii), as enacted by subsection 95(2) of this Act,

    • (vi) subsection 189(4), as enacted by section 96 of this Act,

    • (vii) paragraph (a.1) of the definition “confidential information” in subsection 211(1), as enacted by section 97 of this Act, and

    • (viii) subsection 301(8.1), as enacted by section 98 of this Act;

  • (g) in the Excise Tax Act,

    • (i) subsection 70(2.1) as enacted by section 101 of this Act,

    • (ii) subsection 105(5.1), as enacted by subsection 102(1) of this Act,

    • (iii) subsection 106.1(1.1), as enacted by section 103 of this Act,

    • (iv) paragraph 215.1(2)(b), as enacted by subsection 105(1) of this Act,

    • (v) paragraph 215.1(3)(b), as enacted by subsection 105(2) of this Act,

    • (vi) subsections 335(5.1) and (8.1), as enacted by section 107 of this Act,

    • (vii) section 1 of Part X of Schedule VI, as enacted by section 108 of this Act,

    • (viii) section 4 of Part I of Schedule X, as enacted by section 109 of this Act, and

    • (ix) section 6 of Part I of Schedule X, as enacted by section 110 of this Act;

  • (h) the definition “Minister” in section 2 of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act, as enacted by subsection 124(2) of this Act;

  • (i) the definition “Minister” in subsection 2(1) of the Special Import Measures Act, as enacted by subsection 132(2) of this Act; and

  • (j) the provisions referred to in section 142 of this Act, as amended by that section.

• (3) On the later of the coming into force of section 1 of this Act and section 1 of the other Act, the reference to the “Solicitor General of Canada” in paragraph (a) of the definition “prescribed” in subsection 2(1) of the English version of the Customs Tariff, as amended by section 143 of this Act, is replaced by a reference to the “Minister of Public Safety and Emergency Preparedness”.

• (4) On the later of the coming into force of section 1 of this Act and section 1 of the other Act, every reference to the “solliciteur général du Canada” in the French version of the provisions referred to in section 89 is replaced by a reference to “ministre de la Sécurité publique et de la Protection civile”.

• (5) If it comes into force after section 114 of this Act, paragraph 34(1)(m) of the other Act is repealed on its coming into force.