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Jobs, Growth and Long-term Prosperity Act (S.C. 2012, c. 19)

Assented to 2012-06-29

PART 4VARIOUS MEASURES

Division 341990, c. 21Health of Animals Act

Amendments to the Act

Marginal note:1997, c. 6, s. 70

 Section 53 of the Act is replaced by the following:

Marginal note:Compensation for costs of treatment

53. The Minister may order compensation to be paid from the Consolidated Revenue Fund to a person for costs incurred with respect to treatment required under paragraph 27.6(1)(a) or subsection 48(2), and the amount of compensation shall be the costs reasonably incurred by the person, as determined by the Minister.

  •  (1) Subsection 61(1) of the Act is replaced by the following:

    Marginal note:Fees, charges and costs related to measures
    • 61. (1) Her Majesty may recover from any person mentioned in subsection (2) any prescribed fees or charges and any costs incurred by Her Majesty in relation to taking any measures under section 27.4.

  • (2) Subsection 61(2) of the English version of the Act is replaced by the following:

    • Marginal note:Persons liable

      (2) The fees, charges and costs are recoverable from any persons who through their fault or negligence, or that of others for whom in law they are responsible, caused or contributed to the causation of the existence or spread of the disease or toxic substance in respect of which a primary control zone was declared.

  •  (1) Paragraph 64(1)(h) of the French version of the Act is replaced by the following:

    • h) régir ou interdire le déplacement, au Canada, soit d’animaux, de leurs produits, sous-produits et aliments, de vecteurs, d’agents causant des maladies ainsi que de fourrage, soit d’autres choses se rapportant aux animaux et susceptibles d’être contaminées par une maladie ou une substance toxique;

  • (2) Subsection 64(1) of the Act is amended by adding the following after paragraph (z.3):

    • (z.3.1) requiring persons to provide information to the Minister or any other person authorized by the Minister, in the form and manner that the Minister or other person, as the case may be, directs, on the movement of animals or things to which this Act or the regulations apply;

 The portion of subsection 65(1) of the French version of the Act before paragraph (a) is replaced by the following:

Marginal note:Infraction
  • 65. (1) Quiconque contrevient aux dispositions de la présente loi — à l’exception de l’article 15 — ou des règlements ou refuse ou néglige d’accomplir une obligation imposée sous le régime de la présente loi commet une infraction et encourt, sur déclaration de culpabilité :

 The portion of section 66 of the Act before paragraph (a) is replaced by the following:

Marginal note:Failure to comply with notices

66. Every person who fails to comply with a notice delivered to them under section 18, 25, 27.6, 37, 43 or 48 or the regulations is guilty of

Coming into Force

Marginal note:January 1, 2013 or royal assent

 This Division comes into force on January 1, 2013 or, if it is later, on the day on which this Act receives royal assent.

Division 351991, c. 16; 2003, c. 22, s. 22Canada School of Public Service Act

Amendments to the Act

Marginal note:2003, c. 22, s. 23(2); 2010, c. 12, s. 1671

 The definitions “Board” and “public sector” in section 2 of the Canada School of Public Service Act are repealed.

 The Act is amended by adding the following after section 3:

Marginal note:Minister responsible

3.1 The Minister is responsible for and has the overall direction of the School.

Marginal note:2003, c. 22, ss. 27 and 29 and par. 225(i)(E); 2010, c. 12, ss. 1672 and 1673

 The heading before section 7 and sections 7 to 12 of the Act are repealed.

Marginal note:2003, c. 22, ss. 30 and 132.1

 Section 13 of the Act is replaced by the following:

Marginal note:Appointment
  • 13. (1) The Governor in Council shall appoint an officer, to be called the President of the School, to hold office for a term not exceeding five years, and the President has the rank and status of a deputy minister.

  • Marginal note:Chief executive officer

    (2) The President is the School’s chief executive officer and has the management and control of it.

  • Marginal note:Exercise of powers

    (3) In exercising his or her powers of management and control, the President shall take into consideration the policies of the Government of Canada as well as the policies with respect to learning, training and developmental needs and priorities that are established by the Treasury Board under paragraph 11.1(1)(f) of the Financial Administration Act.

  • Marginal note:Acting President

    (4) In the event of a vacancy in the office of President, the Minister may appoint a senior officer of the School to act as President, but the term of such an appointment shall not exceed 90 days except with the Governor in Council’s approval.

Marginal note:2003, c. 22, s. 32

 Section 17 of the Act and the heading before it are repealed.

Marginal note:2003, c. 22, s. 32

 The portion of subsection 18(1) of the Act before paragraph (a) is replaced by the following:

Marginal note:Setting amount of fees
  • 18. (1) The President may, with the Treasury Board’s approval, prescribe the fees or the manner of determining the fees

Marginal note:2003, c. 22, s. 34

 Subsections 19(1) to (3) of the Act are replaced by the following:

Marginal note:Annual report
  • 19. (1) The Minister shall, as soon as feasible 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 of the School 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 School’s operations required by the Treasury Board that contain the information required by that subsection.

  • Marginal note:Review and report

    (3) The President shall, before December 1, 2006 and within every five years after that date, cause a review and report to be made of the School’s activities and organization.

R.S., c. F-11Consequential Amendments to the Financial Administration Act

 Part II of Schedule VI to the Financial Administration Act is amended by adding, in alphabetical order, in column I, a reference to

  • Canada School of Public Service

    École de la fonction publique du Canada

and a corresponding reference in column II to “President”.

Marginal note:2006, c. 9, s. 270

 Part III of Schedule VI to the Act is amended by striking out, in column I, the reference to

  • Canada School of Public Service

    École de la fonction publique du Canada

and the corresponding reference in column II to “President”.

Division 361991, c. 46Bank Act

 The Bank Act is amended by adding the following before the enacting clause:

Preamble

Whereas a strong and efficient banking sector is essential to economic growth and prosperity;

Whereas a legislative framework that enables banks to compete effectively and be resilient in a rapidly evolving marketplace, taking into account the rights and interests of depositors and other consumers of banking services, contributes to stability and public confidence in the financial system and is important to the strength and security of the national economy;

And whereas it is desirable and is in the national interest to provide for clear, comprehensive, exclusive, national standards applicable to banking products and banking services offered by banks;

Division 371992, c. 20Corrections and Conditional Release Act

Amendments to the Act

Marginal note:1995, c. 42, s. 38

 Subsection 124(4) of the Corrections and Conditional Release Act is replaced by the following:

  • Marginal note:Review

    (4) If the Board exercises its power under subsection (3), it shall, within the period prescribed by the regulations, review its decision and either confirm or cancel it.

 Paragraph 140(1)(d) of the Act is replaced by the following:

  • (d) a review following a cancellation of parole; and

Transitional Provision

Marginal note:Hearings

 Paragraph 140(1)(d) of the Corrections and Conditional Release Act, as enacted by section 527, applies only in respect of a review of the case of an offender begun on or after the day on which this section comes into force.

Coordinating Amendments

Marginal note:2012, c. 1
  •  (1) In this section, “other Act” means the Safe Streets and Communities Act.

  • (2) On the first day on which both subsection 89(4) of the other Act and section 527 of this Act are in force, the portion of subsection 135(5) of the English version of the Corrections and Conditional Release Act before paragraph (a) is replaced by the following:

    • Marginal note:Review by Board — sentence of two years or more

      (5) The Board shall, on the referral to it of the case of an offender who is serving a sentence of two years or more, review the case and — within the period prescribed by the regulations unless, at the offender’s request, the review is adjourned by the Board or is postponed by a member of the Board or by a person designated by the Chairperson by name or position —

  • (3) On the first day on which both subsection 89(5) of the other Act and section 527 of this Act are in force, subsection 135(6.4) of the Corrections and Conditional Release Act is replaced by the following:

    • Marginal note:Review

      (6.4) If the Board exercises its power under subsection (6.3), it shall, within the period prescribed by the regulations, review its decision and either confirm or cancel it.

Coming into Force

Marginal note:Order in council

 Sections 526 to 528 come into force on a day to be fixed by order of the Governor in Council.

Division 381992, c. 31Coasting Trade Act

 Subsection 3(2) of the Coasting Trade Act is amended by adding the following after paragraph (c):

  • (c.1) engaged in seismic activities in waters above the continental shelf of Canada that are in relation to the exploration for mineral or non-living natural resources of the continental shelf of Canada;

Division 391992, c. 33Status of the Artist Act

Amendments to the Act

  •  (1) The definition “Tribunal” in section 5 of the Status of the Artist Act is repealed.

  • (2) Paragraph (b) of the definition “party” in section 5 of the Act is replaced by the following:

    • (b) in respect of a complaint made to the Board, the complainant or the person or organization that is the object of the complaint;

  • (3) Section 5 of the Act is amended by adding the following in alphabetical order:

    “Board”

    « Conseil »

    “Board” means the Canada Industrial Relations Board established by section 9 of the Canada Labour Code.

Marginal note:1998, c. 26, s. 83

 Paragraph 9(3)(b) of the Act is replaced by the following:

  • (b) employees, within the meaning of Part I of the Canada Labour Code, including those determined to be employees by the Board, and members of a bargaining unit that is certified by the Board.

Marginal note:1995, c. 11, ss. 39 and 40; 2003, c. 22, s. 221(E) and par. 225(z.25)(E)

 The headings before section 10 and sections 10 to 15 of the Act are replaced by the following:

Canada Industrial Relations Board
  •  (1) The portion of section 16 of the Act before paragraph (a) is replaced by the following:

    Marginal note:Regulations

    16. The Board may make any regulations that it considers conducive to the performance of its duties under this Part, and in particular regulations providing for

  • (2) Paragraph 16(a) of the English version of the Act is replaced by the following:

    • (a) the practice and procedure before the Board, including the assessment and awarding of costs;

  • (3) Paragraphs 16(d) to (h) of the English version of the Act are replaced by the following:

    • (d) the period for submission by an artists’ association of a new application for certification, if the Board previously refused to certify the association in respect of the same or substantially the same sector;

    • (e) the period for submission of an application for revocation of the certification of an artists’ association, if the Board previously refused an application for revocation in respect of the same sector;

    • (f) the forms to be used in any proceeding that may come before the Board;

    • (g) the periods in which and the circumstances under which the Board may exercise its powers under section 20;

    • (h) the period and form in which evidence and information may be presented to the Board in connection with any proceeding before it;

  • (4) Paragraphs 16(k) and (l) of the English version of the Act are replaced by the following:

    • (k) the circumstances in which the Board may receive evidence in order to establish whether any artists wish to be represented by a particular artists’ association, and the circumstances in which that evidence may not be made public; and

    • (l) the delegation to any person of the Board’s powers and duties, other than the power to delegate or to make regulations, and that person’s obligations with respect to those powers and duties.

  •  (1) The portion of section 17 of the Act before paragraph (a) is replaced by the following:

    Marginal note:Board’s powers

    17. The Board may, in relation to any proceeding before it under this Part,

  • (2) Paragraph 17(a) of the English version of the Act is replaced by the following:

    • (a) on application or of its own motion, summon and enforce the attendance of any person whose testimony is necessary, in the Board’s opinion, and compel the person to give oral or written evidence on oath and to produce any documents or things that the Board considers necessary for the full investigation and consideration of any matter within its jurisdiction;

  • (3) Paragraph 17(d) of the English version of the Act is replaced by the following:

    • (d) examine any evidence that is submitted to the Board respecting the membership of any artist in an artists’ association that is seeking certification;

  • (4) Paragraphs 17(g) to (i) of the English version of the Act are replaced by the following:

    • (g) require a producer or an artists’ association to post in appropriate places and keep posted a notice concerning any matter relating to the proceeding that the Board considers necessary to bring to the attention of artists;

    • (h) order, at any time before the conclusion of the proceeding, that

      • (i) a representation vote or an additional representation vote be taken among artists affected by the proceeding, whether or not a representation vote is provided for elsewhere in this Part, if the Board considers that the vote would assist it to decide any question that has arisen or is likely to arise in the proceeding, and

      • (ii) the ballots cast in that representation vote be sealed in ballot boxes and counted only as directed by the Board;

    • (i) authorize any person to do anything that the Board may do under paragraphs (a) to (h), and to report to the Board on it;

 

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