Budget Implementation Act, 2017, No. 1 (S.C. 2017, c. 20)
Full Document:
Assented to 2017-06-22
DIVISION 16R.S., c. F-27Food and Drugs Act
317 The Food and Drugs Act is amended by adding the following after section 30.6:
Fees
Marginal note:Fees
30.61 (1) The Minister may, by order, fix the following fees in relation to a drug, device, food or cosmetic:
Marginal note:Amount not to exceed cost
(2) A fee fixed under paragraph (1)(a) may not exceed the cost to Her Majesty in right of Canada of providing the service or the use of the facility.
Marginal note:Aggregate amount not to exceed cost
(3) Fees fixed under paragraph (1)(b) may not in the aggregate exceed the cost to Her Majesty in right of Canada in respect of providing the regulatory processes or approvals.
Marginal note:Consultation
30.62 Before making an order under subsection 30.61(1), the Minister shall consult with any persons that the Minister considers to be interested in the matter.
Marginal note:Remission of fees
30.63 (1) The Minister may, by order, remit all or part of any fee fixed under subsection 30.61(1) and the interest on it.
Marginal note:Remission may be conditional
(2) A remission granted under subsection (1) may be conditional.
Marginal note:Conditional remission
(3) If a remission granted under subsection (1) is conditional and the condition is not fulfilled, then the remission is cancelled and is deemed never to have been granted.
Marginal note:Non-payment of fees
30.64 The Minister may withdraw or withhold a service, the use of a facility, a regulatory process or approval or a product, right or privilege under this Act from any person who fails to pay the fee fixed for it under subsection 30.61(1).
Marginal note:Adjustment of amounts
30.65 (1) An order made under subsection 30.61(1) may prescribe rules for the adjustment of the amount of the fee by any amounts or ratios that are referred to in the order, for the period that is specified in the order.
Marginal note:Notice of adjusted amount
(2) The amount of a fee that is subject to an adjustment rule remains unadjusted for the specified period unless, before the beginning of that period, the Minister publishes a notice in the Canada Gazette that specifies the adjusted amount and the manner in which it was determined.
Marginal note:Service Fees Act
30.66 The Service Fees Act does not apply to a fee fixed under subsection 30.61(1).
DIVISION 17Labour and Employment Laws
R.S., c. L-2Canada Labour Code
318 (1) Section 2 of the Canada Labour Code is amended by adding the following in alphabetical order:
- external adjudicator
external adjudicator means a person appointed under subsection 12.001(1); (arbitre externe)
(2) Section 2 of the Act is amended by adding the following in alphabetical order:
- Board
Board means the Canada Industrial Relations Board established by section 9; (Conseil)
319 The definition Board in subsection 3(1) of the Act is repealed.
320 (1) Paragraph 9(2)(e) of the Act is replaced by the following:
(e) any other full-time or part-time members that the Governor in Council considers necessary to assist the Board in carrying out its functions under Parts II and III.
(2) Paragraph 9(2)(e) of the Act is replaced by the following:
(e) any other full-time or part-time members that the Governor in Council considers necessary to assist the Board in carrying out its functions under Parts II, III and IV.
321 Section 10.1 of the Act is renumbered as subsection 10.1(1) and is amended by adding the following:
Marginal note:Exemption
(2) The Governor in Council may, by order, exempt a member from the requirement set out in subsection (1), subject to any conditions that the Governor in Council may prescribe.
322 (1) The Act is amended by adding the following after section 12:
Marginal note:Appointment of external adjudicator
12.001 (1) The Chairperson may, if the Chairperson considers it advisable, appoint an external adjudicator to determine any matter that comes before the Board under Part II or III.
Marginal note:Powers, duties and functions
(2) An external adjudicator has all the powers, duties and functions that are conferred on the Board by this Act with respect to any matter for which they have been appointed.
Marginal note:Decision of external adjudicator
(3) An order or decision made or a direction issued by an external adjudicator under this Act is deemed to be an order or decision made or a direction issued by the Board, as the case may be.
Marginal note:Remuneration and expenses
(4) An external adjudicator shall be paid the remuneration and the fees that may be fixed by the Chairperson and is entitled to be paid reasonable travel and living expenses incurred by them in the course of their duties while absent from their ordinary place of residence.
(2) Subsection 12.001(1) of the Act is replaced by the following:
Marginal note:Appointment of external adjudicator
12.001 (1) The Chairperson may, if the Chairperson considers it advisable, appoint an external adjudicator to determine any matter that comes before the Board under Part II, III or IV.
323 Subsections 12.02(2) and (3) of the Act are replaced by the following:
Marginal note:Quorum
(2) For the purposes of subsection (1), the following persons constitute a quorum:
(a) subject to paragraph (b), the Chairperson, two Vice-Chairpersons and two other members representing, respectively, employees and employers; or
(b) at a meeting held for the making of regulations respecting matters that are not governed by Part I, the Chairperson, two Vice-Chairpersons and, if two or more full-time members have been appointed under paragraph 9(2)(e), two of those members.
Marginal note:Equal representation
(3) If, at a meeting referred to in subsection (1) held for the making of regulations respecting matters that are governed by Part I, there is an unequal number of members representing employers and employees, the Chairperson shall designate an equal number of members who are authorized to vote on the making of those regulations and who represent employers and employees respectively.
Marginal note:Members not permitted to vote
(4) Members who represent employees or employers are not permitted to vote on the making of regulations respecting matters that are not governed by Part I.
324 (1) The Act is amended by adding the following after section 12.05:
Marginal note:Limitation of liability
12.051 The Chairperson, Vice-Chairpersons and other members are not personally liable, either civilly or criminally, for anything done or omitted to be done by them in good faith in the exercise or purported exercise of any power, or in the performance or purported performance of any duty or function, conferred on them under this Act.
(2) Section 12.051 of the Act is replaced by the following:
Marginal note:Limitation of liability
12.051 The Chairperson, Vice-Chairpersons, other members and external adjudicators are not personally liable, either civilly or criminally, for anything done or omitted to be done by them in good faith in the exercise or purported exercise of any power, or in the performance or purported performance of any duty or function, conferred on them under this Act.
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