Jobs, Growth and Long-term Prosperity Act (S.C. 2012, c. 19)
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Assented to 2012-06-29
482. The Act is amended by adding the following after section 99.4:
Marginal note:Powers of officer — mixed-traffic corridor
99.5 If an officer has reasonable grounds to suspect that a person, having stated under section 11.7 that they arrived from a location within Canada, did in fact arrive from a location outside Canada, the officer may
(a) question the person; and
(b) examine any goods carried by the person, cause any package or container of the goods to be opened and take samples of the goods in reasonable amounts.
Division 30R.S., c. 32 (2nd Supp.)Pension Benefits Standards Act, 1985
Marginal note:2010, c. 12, s. 1820(12)
483. Subsections 39(2) and (3) of the Pension Benefits Standards Act, 1985 are deemed to have come into force on July 27, 2004.
Division 31R.S., c. 32 (4th Supp.)Railway Safety Act
Amendments to the Act
484. (1) Section 16 of the Railway Safety Act is amended by adding the following after subsection (4):
Marginal note:Limitation
(4.1) However, if a grant has been made under section 12 in respect of the railway work, and the proponent of the railway work, or any beneficiary of it, is a road authority, the maximum amount of the construction and alteration costs of the railway work that the Agency may, under subsection (4), apportion to the road authority is 12.5% of those costs or, if a higher percentage is prescribed, that higher percentage.
(2) Section 16 of the Act is amended by adding the following after subsection (5):
Marginal note:Regulations – exemption
(5.1) The Governor in Council may make regulations exempting any railway work, or any person or railway company, from the application of subsection (4.1).
Marginal note:Clarification
(5.2) A regulation made under subsection (5.1) may exempt a group or class of persons or railway companies, or a kind of railway work.
Marginal note:1999, c. 9, s. 36
485. Subsection 50(1) of the Act is replaced by the following:
Marginal note:Publication of proposed regulations
50. (1) Subject to subsection (2), a copy of each regulation that is proposed to be made under subsection 7(1), section 7.1, subsection 16(5.1) or section 18, 24, 37, 47 or 47.1 shall be published in the Canada Gazette at least 90 days before its proposed effective date, and interested persons shall be given a reasonable opportunity within those 90 days to make representations to the Minister with respect to the regulation.
Coming into Force
Marginal note:April 1, 2013
486. This Division comes into force on April 1, 2013.
Division 32R.S., c. 47 (4th Supp.)Canadian International Trade Tribunal Act
Amendments to the Act
Marginal note:2010, c. 12, s. 1695
487. Subsection 3(1) of the Canadian International Trade Tribunal Act is replaced by the following:
Marginal note:Tribunal established
3. (1) There is established a tribunal, to be known as the Canadian International Trade Tribunal, consisting, subject to subsection (2), of a Chairperson and not more than six other permanent members to be appointed by the Governor in Council.
Marginal note:1999, c. 12, s. 55(E)
488. Subsection 8(1) of the Act is replaced by the following:
Marginal note:Absence, etc., of Chairperson
8. (1) In the event of the absence or incapacity of the Chairperson or if the office of Chairperson is vacant, the Minister may authorize a permanent member to act as Chairperson but no person is authorized to act as Chairperson for a period exceeding 60 days without the approval of the Governor in Council. A permanent member so authorized has and may exercise and perform all the powers, duties and functions of the Chairperson.
Coming into Force
Marginal note:February 1, 2014
489. This Division comes into force on February 1, 2014.
Division 33R.S., c. 54 (4th Supp.)International Centre for Human Rights and Democratic Development Act
Amendment to the Act
490. Subsection 31(1) of the International Centre for Human Rights and Democratic Development Act is replaced by the following:
Marginal note:Annual report to Parliament
31. (1) The Chairman shall, within four months after the end of each fiscal year, transmit to the Minister a report containing the Centre’s financial statements for that fiscal year and the Auditor General’s report on them.
Interpretation
Marginal note:Definitions
491. In this Division, “Board”, “Centre”, “Chairman”, “director”, “Minister” and “President” have the same meanings as in subsection 2(1) of the International Centre for Human Rights and Democratic Development Act.
Closing Out of Affairs
Marginal note:Application
492. Sections 493 to 495 apply despite any provision of the International Centre for Human Rights and Democratic Development Act.
Marginal note:Number of directors
493. (1) The Board may consist of fewer than 13 directors.
Marginal note:No appointment by Board
(2) The Board is not permitted to appoint directors under subsection 10(2) of the International Centre for Human Rights and Democratic Development Act.
Marginal note:Quorum
(3) Five directors constitute a quorum at any meeting of the Board.
Marginal note:No compensation
(4) Despite the provisions of any contract, agreement or order, no person appointed to hold office as a director, other than the President, has any right to claim or receive any compensation, damages, indemnity or other form of relief from Her Majesty in right of Canada or from any employee or agent of Her Majesty for ceasing to hold that office or for the abolition of that office by the operation of this Division.
Marginal note:Disposal of assets
494. (1) The Centre is authorized to sell or otherwise dispose of all or substantially all of its assets and do everything necessary for or incidental to closing out its affairs.
Marginal note:Debts and liabilities
(2) The Centre must apply any proceeds from the disposal of its assets in satisfaction of its debts and liabilities.
Marginal note:Directions
(3) The Minister may give directions to the Centre to do anything that in his or her opinion is necessary
(a) in respect of the exercise of its powers under subsection 5(1) of the International Centre for Human Rights and Democratic Development Act; and
(b) to sell or otherwise dispose of all or substantially all of its assets, satisfy its debts and liabilities, manage its expenses or otherwise close out its affairs.
Marginal note:Directions binding
(4) The Centre must comply with the directions.
Marginal note:Transfer of records
495. The President must transfer to the Department of Foreign Affairs and International Trade the following items, including any electronic versions of them:
(a) the books of account and other financial records, as well as any information that the Centre collected in order to produce them; and
(b) any studies that the Centre has under its control, and any other information that it has collected through research.
Transitional Provisions
Marginal note:References
496. Every reference to the Centre in a deed, contract or other document executed by the Centre in its own name is to be read, unless the context otherwise requires, as a reference to Her Majesty in right of Canada.
Marginal note:Surplus
497. (1) Any surplus that remains after the satisfaction of the Centre’s debts and liabilities belongs to Her Majesty in right of Canada.
Marginal note:Unsatisfied debts and liabilities
(2) Any of the Centre’s debts and liabilities that remain unsatisfied on the day on which this subsection comes into force become the debts and liabilities of Her Majesty in right of Canada.
Marginal note:Commencement of legal proceedings
498. (1) Any action, suit or other legal proceeding in respect of an obligation or liability incurred by the Centre may be brought against Her Majesty in right of Canada in any court that would have had jurisdiction if the action, suit or other legal proceeding had been brought against the Centre.
Marginal note:Continuation of legal proceedings
(2) Any action, suit or other legal proceeding to which the Centre is a party that is pending in a court on the coming into force of this subsection may be continued by or against Her Majesty in right of Canada in the same manner and to the same extent as it could have been continued by or against the Centre.
Marginal note:Auditor
499. After the closing out of the Centre’s affairs, its accounts and financial transactions shall be audited by the Auditor General of Canada, and a report of the audit shall be made to the Minister.
Marginal note:Report to Parliament
500. The Minister shall prepare a report, containing the Centre’s financial statements and the Auditor General’s report, within four months after this section comes into force, and shall cause the report to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the day on which the report is completed.
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