Jobs, Growth and Long-term Prosperity Act (S.C. 2012, c. 19)
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Assented to 2012-06-29
PART 4VARIOUS MEASURES
Division 461999, c. 24First Nations Land Management Act
650. Item 52 of the schedule to the Act is amended by adding the following in column 2:
| Column 2 | |
|---|---|
| Item | Land code coming-into-force date |
| 52. | August 1, 2011 |
651. Item 58 of the schedule to the Act is amended by adding the following in column 2:
| Column 2 | |
|---|---|
| Item | Land code coming-into-force date |
| 58. | August 5, 2010 |
Marginal note:Replacement — initial capitals
652. The English version of the Act is amended by replacing “first nation” or “first nations” with “First Nation” or “First Nations”, respectively, in the following provisions:
(a) the definitions “council”, “eligible voter”, “first nation”, “first nation land”, “first nation law”, “first nation member”, “Framework Agreement”, “individual agreement”, “interest”, “land code”, “licence” and “right” in subsection 2(1);
(b) section 5;
(c) the portion of subsection 6(1) before paragraph (a);
(d) paragraphs 6(1)(b) to (l);
(e) subsections 6(2) and (3);
(f) paragraph 7(1)(d);
(g) sections 8 to 12;
(h) subsections 14(2) and (3);
(i) subsection 15(2);
(j) sections 16 to 20;
(k) sections 22 to 34; and
(l) sections 38 to 44.
Division 471999, c. 29Canada Travelling Exhibitions Indemnification Act
653. Paragraphs 3(3)(a) and (b) of the Canada Travelling Exhibitions Indemnification Act are replaced by the following:
(a) $600,000,000, or any other amount that is provided by an appropriation Act or other Act of Parliament, in respect of each travelling exhibition; and
(b) $3,000,000,000, or any other amount that is provided by an appropriation Act or other Act of Parliament, at any given time in respect of all travelling exhibitions.
Division 482002, c. 9, s. 2Canadian Air Transport Security Authority Act
654. Section 17 of the Canadian Air Transport Security Authority Act is replaced by the following:
Marginal note:Appointment and tenure
17. The chief executive officer of the Authority is to be appointed by the Governor in Council to hold office during pleasure for any term that the Governor in Council considers appropriate.
655. Section 19 of the Act is replaced by the following:
Marginal note:Incapacity or vacancy
19. In the event of the absence or incapacity of, or a vacancy in the office of, the chief executive officer, the board may appoint an employee of the Authority to exercise the powers and perform the duties and functions of the chief executive officer, but the employee has no authority to act as chief executive officer for a period exceeding 90 days without the approval of the Governor in Council.
Division 492005, c. 9First Nations Fiscal and Statistical Management Act
Amendments to the Act
656. The long title of the First Nations Fiscal and Statistical Management Act is replaced by the following:
657. (1) The sixth paragraph of the preamble to the Act is repealed.
(2) The ninth paragraph of the preamble to the Act is replaced by the following:
Whereas, by 1999, first nations and the Government of Canada recognized the benefits of establishing statutory institutions as part of a comprehensive fiscal management system;
658. Section 1 of the Act is replaced by the following:
Marginal note:Short title
1. This Act may be cited as the First Nations Fiscal Management Act.
659. (1) The definition “First Nations Statistical Institute” in subsection 2(1) of the Act is repealed.
(2) The definition “first nation” in subsection 2(1) of the Act is replaced by the following:
“first nation”
« première nation »
“first nation” means a band named in the schedule.
660. Part 5 of the Act is repealed.
661. (1) Subsection 132(1) of the Act is replaced by the following:
Marginal note:Conflict of interest
132. (1) No person who is appointed to, or is employed by, a commission, board or authority established under this Act shall be appointed to, or be employed by, any other commission, board or authority established under this Act.
(2) Subsection 132(2) of the English version of the Act is replaced by the following:
Marginal note:Conflict of interest
(2) No person referred to in subsection (1) shall accept or hold any office or employment that is inconsistent with that person’s duties or take part in any matter involving the commission, board or authority in which that person has an interest.
Marginal note:2006, c. 9, s. 8
(3) Subsection 132(3) of the Act is replaced by the following:
Marginal note:Conflict of interest
(3) All persons appointed to a commission or board established under this Act shall comply with the Conflict of Interest Act as though they were public office holders as defined in that Act.
662. Sections 133 and 134 of the Act are replaced by the following:
Marginal note:Liability of Her Majesty
133. (1) No person has a right to receive any compensation, damages, indemnity or other relief from Her Majesty in right of Canada in respect of any claim against the First Nations Tax Commission, First Nations Financial Management Board or First Nations Finance Authority arising from its exercise of, or its failure to exercise, any of the powers or functions of that Commission, Board or Authority, as the case may be, including any claim against the First Nations Tax Commission as an agent of Her Majesty in right of Canada.
Marginal note:Insurance required
(2) The First Nations Tax Commission, First Nations Financial Management Board and First Nations Finance Authority shall maintain in good standing at all times the insurance coverage required by any regulations made under paragraph 140(b).
Marginal note:No appropriation
134. No payment to the First Nations Tax Commission, First Nations Financial Management Board or First Nations Finance Authority may be made under an appropriation by Parliament authorized under an Act of Parliament to enable the Commission, Board or Authority to satisfy any claim referred to in subsection 133(1).
663. Section 136 of the Act is replaced by the following:
Marginal note:Limit of liability
136. No civil proceedings lie against a commissioner or employee of the First Nations Tax Commission, or any director or employee of the First Nations Financial Management Board, for anything done, or omitted to be done, in the exercise or purported exercise in good faith of any power, or in the performance or purported performance in good faith of any duty, of that person in accordance with this Act.
664. Subsection 139(1) of the Act is replaced by the following:
Marginal note:Official languages
139. (1) For greater certainty, the provisions of the Official Languages Act applicable to federal institutions apply to the First Nations Tax Commission.
665. Paragraph 140(b) of the Act is replaced by the following:
(b) prescribing the insurance coverage required to be maintained by the First Nations Tax Commission, First Nations Financial Management Board and First Nations Finance Authority in respect of liabilities referred to in subsection 133(1).
666. Section 146 of the Act is replaced by the following:
Marginal note:Review and evaluation
146. Within seven years after the day on which this Act receives royal assent, the Minister, after consultation with the First Nations Tax Commission, First Nations Financial Management Board and First Nations Finance Authority, shall review the provisions and operation of this Act and the operations of those institutions, and submit a report to each House of Parliament on that review, including any changes that the Minister recommends relating to the evolution of the mandate and the operation of those institutions.
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