2005, c. 46Public Servants Disclosure Protection Act

Marginal note:2006, c. 9, s. 201

468. Section 20.8 of the Public Servants Disclosure Protection Act is repealed.

2008, c. 22Specific Claims Tribunal Act

469. Section 10 of the Specific Claims Tribunal Act and the heading before it are repealed.

470. The portion of subsection 12(1) of the Act before paragraph (a) is replaced by the following:

2013, c. 40Economic Action Plan 2013 Act, No. 2

• 471. (1) Section 365 of the Economic Action Plan 2013 Act, No. 2 is amended by replacing the section 13 that it enacts with the following:

  Marginal note:Head office

  13. The Board’s head office is to be in the National Capital Region as it is described in the schedule to the National Capital Act.

• (2) Section 365 of the Act is amended by replacing the section 23 that it enacts with the following:

  Marginal note:General power to assist parties

  23. The Board or a member of the Board or an employee of the Administrative Tribunals Support Service of Canada who is authorized by the Board may, if the parties agree, assist the parties in resolving any issues in dispute at any stage of a proceeding and by any means that the Board considers appropriate, without prejudice to the Board’s power to determine issues that have not been settled.

• (3) Section 365 of the Act is amended by replacing the portion of section 25 before paragraph (a) that it enacts with the following:

  Marginal note:Chairperson’s duties

  25. The Chairperson has supervision over and direction of the Board’s work, including

• (4) Section 365 of the Act is amended by replacing the heading before section 28 and sections 28 to 30 that it enacts with the following:

  Experts

  Marginal note:Experts and advisors

  30. The Chief Administrator of the Administrative Tribunals Support Service of Canada may engage on a temporary basis the services of mediators and other experts to assist the Board in an advisory capacity and, subject to the Governor in Council’s approval, fix their remuneration.

• (5) Section 365 of the Act is amended by replacing the section 31 that it enacts with the following:

  Marginal note:Board members and experts not compellable

  • 31. (1) A member of the Board or any person who is engaged under section 30 is not competent or compellable to appear as a witness in any civil action, suit or other proceeding respecting information obtained in the exercise of their powers or the performance of their duties and functions.

  • Marginal note:Chief Administrator and employees not compellable

    (2) The Chief Administrator or an employee of the Administrative Tribunals Support Service of Canada is not competent or compellable to appear as a witness in any civil action, suit or other proceeding respecting information obtained in the exercise of their powers or the performance of their duties and functions in providing services to the Board.

• (6) Section 365 of the Act is amended by replacing the section 33 that it enacts with the following:

  Marginal note:Immunity from proceedings  — Board members, experts and others

  • 33. (1) No criminal or civil proceedings lie against a member of the Board, any person who is engaged under section 30 or any person who is acting on the Board’s behalf for anything done  —  or omitted to be done  —  or reported or said by that member or that person in good faith in the course of the exercise or performance or purported exercise or performance of their powers, duties or functions.

  • Marginal note:Immunity from proceedings  — Chief Administrator and employees

    (2) No criminal or civil proceedings lie against the Chief Administrator or an employee of the Administrative Tribunals Support Service of Canada for anything done  —  or omitted to be done  —  or reported or said by that person in good faith in the course of the exercise or performance or purported exercise or performance of their powers, duties or functions in providing services to the Board.

472. Subsection 366(2) of the Act is amended by replacing the paragraph 2(3)(a) that it enacts with the following:

473. Subsection 404(2) of the Act is repealed.

474. Section 413 of the Act is amended by replacing the subsection 111(2) that it enacts with the following:

475. Section 447 of the Act is repealed.

476. Section 452 of the Act is repealed.

477. Section 455 of the Act is repealed.

478. Section 458 of the Act is repealed.

479. Section 460 of the Act is repealed.

Coordinating Amendments

Marginal note:2012, c. 24

• 480. (1) In this section, “other Act” means the Safe Food for Canadians Act.

• (2) If section 78 of the other Act comes into force before section 376 of this Act, on the later of the day on which that section 78 comes into force and the day on which this Act receives royal assent, sections 449 to 451 of this Act are repealed.

• (3) If section 78 of the other Act and section 376 of this Act come into force on the same day, then that section 78 is deemed to have come into force before that section 376.

• (4) On the first day on which both section 376 of this Act and section 102 of the other Act are in force,

  • (a) subsection 33(1) of the Agriculture and Agri-Food Administrative Monetary Penalties Act is replaced by the following:

    Marginal note:Duties of Chairperson

    • 33. (1) The Chairperson apportions work among the Tribunal’s members.

  • (b) the heading before section 35 and sections 35 and 36 of the Agriculture and Agri-Food Administrative Monetary Penalties Act are repealed.

Marginal note:2013, c. 40

• 481. (1) In this section, “other Act” means the Economic Action Plan 2013 Act, No. 2.

• (2) On the first day on which both section 376 of this Act and subsection 4(1) of the Public Service Labour Relations and Employment Board Act, as enacted by section 365 of the other Act, are in force,

  • (a) the schedule to the Administrative Tribunals Support Service of Canada Act is amended by adding the following in alphabetical order:

    • Public Service Labour Relations and Employment Board

      Commission des relations de travail et de l’emploi dans la fonction publique

  • (b) section 81 of the Parliamentary Employment and Staff Relations Act is replaced by the following:

    Marginal note:Facilities and staff

    81. The Chief Administrator of the Administrative Tribunals Support Service of Canada shall provide an arbitrator appointed under section 49 and an adjudicator with the staff, the quarters and the other facilities that are necessary to enable the arbitrator or adjudicator to carry out their respective functions under this Part.

  • (c) section 83 of the Parliamentary Employment and Staff Relations Act and the heading before it are repealed;

  • (d) paragraph (h) of the definition “employee” in subsection 2(1) of the Public Service Labour Relations Act is replaced by the following:

    • (h) an employee of the Administrative Tribunals Support Service of Canada who provides any of the following services exclusively to the Board:

      • (i) mediation and dispute resolution services,

      • (ii) legal services,

      • (iii) advisory services relating to the Board’s exercise of its powers and performance of its duties and functions;

  • (e) section 11 of the Public Service Labour Relations Act is renumbered as subsection 11(1) and is amended by adding the following:

    • Marginal note:Facilities and administrative support

      (2) The Chief Administrator of the Administrative Tribunals Support Service of Canada is to provide facilities and administrative support to the National Joint Council.

  • (f) the definition “employee” in subsection 206(1) of the Public Service Labour Relations Act is replaced by the following:

    “employee”

    « fonctionnaire »

    “employee” has the meaning that would be assigned by the definition “employee”

    in subsection 2(1) if that definition were read without reference to paragraphs (e), (h) and (i) and without reference to the words “except in Part 2”.

  • (g) section 249 of the Public Service Labour Relations Act is replaced by the following:

    Marginal note:Facilities and human resources

    249. The Chief Administrator of the Administrative Tribunals Support Service of Canada must provide members of arbitration boards, members of public interest commissions, mediators, adjudicators and persons seized of referrals under subsection 182(1) with the facilities and human resources necessary to enable them to carry out their functions under this Act.

• (3) On the first day on which both section 376 of this Act and section 15 of the Public Service Labour Relations Act, as enacted by section 367 of the other Act, are in force, that section 15 is repealed.