Transitional Provisions

Marginal note:Definition

667. In sections 668 to 673, “Institute” means the First Nations Statistical Institute.

Marginal note:Appointments terminated

• 668. (1) Directors of the Institute, including the Chairperson and Vice-Chairperson, cease to hold office on the coming into force of this subsection.

• Marginal note:No compensation

  (2) Despite the provisions of any contract, agreement or order, no person appointed to hold office as a director of the Institute, including as the Chairperson or Vice-Chairperson, 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:References

669. Every reference to the Institute in a deed, contract or other document executed by the Institute 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:Minister authorized

670. The Minister of Indian Affairs and Northern Development is authorized to sell or otherwise dispose of all of the Institute’s assets and to do everything necessary for or incidental to closing out the Institute’s affairs.

Marginal note:Surplus

• 671. (1) Any surplus that remains after the satisfaction of the Institute’s debts and liabilities and the winding-up charges, costs and expenses belongs to Her Majesty in right of Canada.

• Marginal note:Unsatisfied debts and liabilities

  (2) Any of the Institute’s debts and liabilities that remain unsatisfied on the day on which the Institute is dissolved become the debts and liabilities of Her Majesty in right of Canada.

• Marginal note:Exception

  (3) Despite subsection (2), Her Majesty in right of Canada is not liable in respect of any claim against the Institute arising from its exercise of, or its failure to exercise, any of its powers or functions.

Marginal note:Commencement of legal proceedings

• 672. (1) Any action, suit or other legal proceeding in respect of an obligation or liability incurred by the Minister of Indian Affairs and Northern Development in closing out the Institute’s affairs 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 Institute.

• Marginal note:Continuation of legal proceedings

  (2) Any action, suit or other legal proceeding to which the Institute is a party — other than an action, suit or legal proceeding in respect of any claim against the Institute arising from its exercise of, or failure to exercise, any of its powers or functions — 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 Institute.

Marginal note:Limit of liability

673. No civil proceedings lie against a former director or employee of the Institute 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 the First Nations Fiscal Management Act, as that Act read immediately before the coming into force of section 660.

Consequential Amendments

R.S., c. A-1Access to Information Act

Marginal note:2005, c. 9, s. 147

674. Schedule I to the Access to Information Act is amended by striking out the following under the heading “OTHER GOVERNMENT INSTITUTIONS”:

Marginal note:2005, c. 9, s. 148

675. Schedule II to the Act is amended by striking out the reference to

and the corresponding reference to “section 108”.

R.S., c. F-11Financial Administration Act

Marginal note:2005, c. 9, s. 149

676. Part I of Schedule III to the Financial Administration Act is amended by striking out the following:

R.S., c. I-5Indian Act

Marginal note:2005, c. 9, s. 150

677. The portion of subsection 87(1) of the Indian Act before paragraph (a) is replaced by the following:

Marginal note:2005, c. 9, s. 151

678. Section 88 of the Act is replaced by the following:

R.S., c. P-21Privacy Act

Marginal note:2005, c. 9, s. 152

679. The schedule to the Privacy Act is amended by striking out the following under the heading “OTHER GOVERNMENT INSTITUTIONS”:

2004, c. 17Westbank First Nation Self-Government Act

Marginal note:2005, c. 9, s. 153

680. The portion of section 8.1 of the Westbank First Nation Self-Government Act before paragraph (a) is replaced by the following:

Coming into Force

Marginal note:Order in council

681. This Division comes into force on a day to be fixed by order of the Governor in Council.

Division 502005, c. 21Canadian Forces Members and Veterans Re-establishment and Compensation Act

Amendments to the Act

Marginal note:2011, c. 12, ss. 3 to 5

682. Sections 3 to 5 of the Canadian Forces Members and Veterans Re-establishment and Compensation Act are replaced by the following:

Marginal note:2011, c. 12, s. 17(1)

• 683. (1) Paragraph 94(a) of the Act is replaced by the following:

  • (a) respecting the time and manner of making an application under this Act for rehabilitation services, vocational assistance, compensation or payment or reimbursement of fees in respect of career transition services, and respecting the information that is required to accompany the application;

• Marginal note:2011, c. 12, s. 17(2)

  (2) Paragraph 94(e) of the Act is replaced by the following:

  • (d.1) setting out, for the purposes of section 3, criteria in respect of the eligibility of providers of career transition services and of those services;

  • (d.2) providing for the payment or reimbursement of fees in respect of the provision of career transition services, including a maximum amount of fees that may be paid or reimbursed, under section 3;

  • (e) respecting the provision of information or documents to the Minister by any person who applies for or is in receipt of rehabilitation services, vocational assistance, an earnings loss benefit, a Canadian Forces income support benefit, a permanent impairment allowance, a clothing allowance or a payment or reimbursement of fees in respect of career transition services under this Act, and authorizing the Minister to suspend the delivery of the services or assistance, the payment of the benefit or allowance or the payment or reimbursement of fees until the information or documents are provided;

Coming into Force

Marginal note:Order in council

684. This Division comes into force on a day to be fixed by order of the Governor in Council.

Division 512005, c. 35Repeal of the Department Of Social Development Act

Repeal

Marginal note:Repeal

685. The Department of Social Development Act, chapter 35 of the Statutes of Canada, 2005, is repealed.