Jobs and Growth Act, 2012 (S.C. 2012, c. 31)
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Assented to 2012-12-14
Marginal note:2009, c. 10, s. 12
267. Subsection 107.1(1) of the Act is replaced by the following:
Marginal note:Passenger information
107.1 (1) The Minister may, under prescribed circumstances and conditions, require any prescribed person or prescribed class of persons to provide, or to provide access to, within the prescribed time and in the prescribed manner, prescribed information about any person on board or expected to be on board a conveyance.
Coming into Force
Marginal note:Order in council
268. Sections 264 and 266 come into force on a day or days to be fixed by order of the Governor in Council.
Division 13R.S., c. 24 (3rd Supp.), Part IIIHazardous Materials Information Review Act
Amendments to the Act
269. (1) The portion of subsection 10(1) of the Hazardous Materials Information Review Act before the first definition is replaced by the following:
Marginal note:Definitions
10. (1) The following definitions apply in this Act.
(2) The definitions “Commission”, “President”, “rule” and “screening officer” in subsection 10(1) of the Act are repealed.
(3) The definitions directeur de la Section d’appel and directeur de la Section de contrôle in subsection 10(1) of the French version of the Act are repealed.
(4) The definitions “Chief Appeals Officer” and “Chief Screening Officer” in subsection 10(1) of the English version of the Act are replaced by the following:
“Chief Appeals Officer”
« agent d’appel en chef »
“Chief Appeals Officer” means an individual designated as the Chief Appeals Officer under subsection 47(1);
“Chief Screening Officer”
« agent de contrôle en chef »
“Chief Screening Officer” means an individual designated as the Chief Screening Officer under subsection 47(1);
(5) The definition “affected party” in subsection 10(1) of the English version of the Act is amended by replacing “this Part” with “this Act”.
(6) Subsection 10(1) of the French version of the Act is amended by adding the following in alphabetical order:
« agent d’appel en chef »
“Chief Appeals Officer”
agent d’appel en chef Individu désigné à ce titre en vertu du paragraphe 47(1).
« agent de contrôle en chef »
“Chief Screening Officer”
agent de contrôle en chef Individu désigné à ce titre en vertu du paragraphe 47(1).
Marginal note:1996, c. 8, par. 34(1)(b)
270. Subsection 13(2) of the Act is repealed.
Marginal note:2007, c. 7, s. 7(2)
271. (1) Paragraph 23(1)(b) of the Act is amended by adding “and” at the end of subparagraph (ii), by striking out “and” at the end of subparagraph (iii), and by repealing subparagraph (iv).
(2) Section 23 of the Act is amended by adding the following after subsection (1):
Marginal note:Appearance of Minister
(1.1) The Minister may appear before the appeal board to make representations with respect to a submission made to it.
272. Paragraph 24(1)(a) of the Act is replaced by the following:
(a) cause a copy of the decision to be given to the claimant and the Minister; and
273. The heading before section 28 of the Act is replaced by the following:
COUNCIL
274. Subsection 28 of the Act is replaced by the following:
Marginal note:Council established
28. (1) The Minister shall establish a council, whose members are appointed by the Minister, to advise and assist him or her on matters arising in connection with the operation of this Act.
Marginal note:Appointment of members
(2) The council shall consist of the following members:
(a) two members to represent workers, appointed after consultation by the Minister with any organizations representative of workers that the Minister considers appropriate;
(b) one member to represent suppliers, appointed after consultation by the Minister with any organizations representative of suppliers that the Minister considers appropriate;
(c) one member to represent employers, appointed after consultation by the Minister with any organizations representative of employers that the Minister considers appropriate;
(d) one member to represent the Government of Canada, appointed on the recommendation of the Minister of Labour; and
(e) not fewer than four and not more than 13 members to represent the governments of the 10 provinces, the Government of Yukon, the Government of the Northwest Territories and the Government of Nunavut, appointed after consultation by the Minister with each of those governments.
275. The heading before section 29 and sections 29 to 42 of the Act are repealed.
276. Subsection 43(3) of the Act is replaced by the following:
Marginal note:Lists of nominees
(3) The Chief Appeals Officer shall establish and maintain in respect of each province the following lists of nominees for appointment to appeal boards to be convened in that province:
(a) in relation to appeals relating to the provisions of the Hazardous Products Act,
(i) a list containing the names of persons nominated for appointment by any organizations representative of workers in that province that the Minister considers appropriate, and
(ii) a list containing the names of persons nominated for appointment by any organizations representative of suppliers and any organizations representative of employers in that province that the Minister considers appropriate; and
(b) in relation to appeals relating to the provisions of the Canada Labour Code,
(i) a list containing the names of persons nominated for appointment by any organizations representative of employees in that province to whom the Canada Labour Code applies that the Minister of Labour considers appropriate, and
(ii) a list containing the names of persons nominated for appointment by any organizations representative of employers in that province to whom the Canada Labour Code applies that the Minister of Labour considers appropriate.
Marginal note:Council consulted
(3.1) The Minister shall consult the council in identifying the organizations that the Minister considers appropriate for the purposes of paragraph (3)(a).
277. Section 45 of the Act and the heading before it are replaced by the following:
SUPERANNUATION
Marginal note:Members
45. A member of the council or of an appeal board shall be deemed not to be employed in the public service for the purposes of the Public Service Superannuation Act unless the Governor in Council, by order, deems the member to be so employed for those purposes.
278. (1) Subsection 46(1) of the Act is replaced by the following:
Marginal note:Information privileged
46. (1) Subject to this Act and any regulations made under it, all information obtained from a supplier or employer for the purposes of this Act is privileged and, despite the Access to Information Act or any other Act or law, no person who has obtained information from a supplier or employer for the purposes of this Act shall knowingly, without the written consent of the person who provided the information,
(a) communicate the information, or allow it to be communicated, to any person; or
(b) allow any person to inspect or to have access to any book, record, writing or other document containing that information.
Marginal note:Exception — administration or enforcement of Act
(1.1) A person who has obtained information from a supplier or employer for the purposes of this Act may communicate the information or allow it to be communicated, or allow inspection of or access to any book, record, writing or other document containing that information for the purposes of the administration or enforcement of this Act.
Marginal note:1996, c. 8, s. 24
(2) The portion of subsection 46(2) of the Act before paragraph (c) is replaced by the following:
Marginal note:Exceptions
(2) A person who has obtained information from a supplier or employer for the purposes of this Act may communicate the information or allow it to be communicated, or allow inspection of or access to any book, record, writing or other document containing that information, to or by
(3) Subsection 46(3) of the Act is replaced by the following:
Marginal note:Other exceptions
(3) A person who has obtained information from a supplier or employer for the purposes of this Act may communicate or disclose the information or cause it to be communicated or disclosed to any physician or prescribed medical professional who requests that information for the purpose of making a medical diagnosis of, or rendering medical treatment to, a person in an emergency.
279. Section 47 of the Act and the heading before it are replaced by the following:
POWERS OF THE MINISTER
Marginal note:Designations
47. (1) The Minister may designate any individual as Chief Screening Officer and any other individual as Chief Appeals Officer.
Marginal note:Powers and functions
(2) The Minister may, in addition to exercising the powers and performing the functions specified in this Act,
(a) exercise the powers and perform the functions that were previously conferred on or assigned to the Hazardous Materials Information Review Commission by any law of a province relating to occupational health and safety; and
(b) exercise the powers and perform the functions that are conferred on or assigned to him or her, in relation to the review of claims for exemption and to appeals, by any law of a province relating to occupational health and safety.
Marginal note:2007, c. 7, s. 8
280. (1) Paragraph 48(1)(b.2) of the Act is replaced by the following:
(b.2) respecting the participation of the Minister in an appeal heard before an appeal board;
(2) Subsection 48(2) of the Act is replaced by the following:
Marginal note:Regulations prescribing fees
(2) The Governor in Council may, on the recommendation of the Minister, after consultation by the Minister with the council, make regulations prescribing fees or the manner of calculating fees to be paid under this Act.
281. Sections 50 and 51 of the Act are replaced by the following:
Marginal note:No personal liability
50. No member of an appeal board is personally liable for anything done or omitted to be done in good faith in the exercise or performance of their powers, duties or functions under this Act.
282. The Act is amended by replacing “this Part” with “this Act” in the following provisions:
(a) section 9;
(b) subsections 10(2) and (3);
(c) subsection 19(3);
(d) subsection 43(4);
(e) paragraphs 48(1)(d) to (f); and
(f) the portion of subsection 49(1) before paragraph (a).
283. The French version of the Act is amended by replacing “directeur de la Section d’appel” with “agent d’appel en chef”, with any grammatical changes that the circumstances require, in the following provisions:
(a) subsection 20(1.1);
(b) the portion of section 21 before paragraph (a);
(c) section 22;
(d) subsections 27(1) and (2); and
(e) paragraphs 43(1)(a) and (2)(a).
284. The French version of the Act is amended by replacing “directeur de la Section de contrôle” with “agent de contrôle en chef”, with any grammatical changes that the circumstances require, in the following provisions:
(a) subsections 11(1) and (2);
(b) the portion of subsection 12(1) before paragraph (a); and
(c) subsections 18(1) and (2).
Transfer of Employees and Positions
Marginal note:Order
285. (1) Before section 275 comes into force, the Governor in Council may, by order made on the recommendation of the Treasury Board, declare that any person appointed under section 38 of the Hazardous Materials Information Review Act or any class of those persons shall, on the coming into force of the order, occupy their positions in the Department of Health.
Marginal note:Transfer
(2) Any person appointed under section 38 of the Hazardous Materials Information Review Act who has been advised that they will be laid off in accordance with subsection 64(1) of the Public Service Employment Act and who is not the subject of an order made under subsection (1) is, for the purpose of any workforce adjustment measure taken with respect to the person, transferred to the Department of Health on the day on which section 275 comes into force.
Transitional Provisions
Marginal note:Definitions
286. The following definitions apply for the purposes of 287 to 289.
“Commission”
« Conseil »
“Commission” means the Hazardous Materials Information Review Commission established by subsection 28(1) of the Hazardous Materials Information Review Act.
“Minister”
« ministre »
“Minister” means the Minister of Health.
Marginal note:Transfer of appropriations
287. Any amount appropriated, for the fiscal year in which this section comes into force, by an appropriation Act based on the Estimates for that year for defraying the charges and expenses of the Commission that is unexpended on the day on which this section comes into force is deemed, on that day, to be an amount appropriated for defraying the charges and expenses of the Department of Health.
Marginal note:Transfer of powers, duties and functions
288. If, under any Act of Parliament, any instrument made under an Act of Parliament or any order, contract, lease, licence or other document, any power, duty or function is vested in or may be exercised or performed by the Commission or its President in relation to any matter to which the powers, duties and functions of the Minister extend by virtue of the Hazardous Materials Information Review Act, that power, duty or function is vested in or may be exercised or performed by the Minister, unless the Governor in Council by order designates another Minister to exercise that power or perform that duty or function.
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