Short Title

Marginal note:Short title

1 This Act may be cited as the Canadian Tourism Commission Act.

Interpretation

Marginal note:Definitions

2 The definitions in this section apply in this Act.

Commission

Commission means the Canadian Tourism Commission established by section 3. (Commission)

Minister

Minister means the Minister of Industry. (ministre)

Canadian Tourism Commission

Establishment

Marginal note:Establishment

3 There is hereby established a corporation to be known as the Canadian Tourism Commission.

Status

Marginal note:Agent of Her Majesty

4 The Commission is, for the purposes of this Act, an agent of Her Majesty in right of Canada.

Objects

Marginal note:Objects

5 The objects of the Commission are to

• (a) sustain a vibrant and profitable Canadian tourism industry;

• (b) market Canada as a desirable tourist destination;

• (c) support a cooperative relationship between the private sector and the governments of Canada, the provinces and the territories with respect to Canadian tourism; and

• (d) provide information about Canadian tourism to the private sector and to the governments of Canada, the provinces and the territories.

Powers

Marginal note:Powers

• 6 (1) For the purpose of carrying out its objects, the Commission has the capacity and, subject to this Act, the rights, powers and privileges of a natural person.

• Marginal note:Restriction

  (2) The Commission may not initiate or finance programs involving the acquisition or construction of real property, immovables or facilities related to tourism.

Board of Directors

Marginal note:Role

7 The affairs and business of the Commission shall be managed by a Board of Directors.

Marginal note:Constitution

8 The Board consists of not more than twenty-six directors, including a Chairperson and a President.

Marginal note:Appointment of Chairperson and term of office

9 The Chairperson shall be appointed by the Governor in Council to hold office during pleasure on a part-time basis for a term of not more than five years.

Marginal note:Appointment of President and term of office

10 The President shall be appointed by the Governor in Council to hold office during pleasure on a full-time basis for a term of not more than five years.

Marginal note:Appointment of private sector directors

• 11 (1) Up to sixteen private sector directors shall be appointed by the Minister, with the approval of the Governor in Council.

• Marginal note:Committee

  (2) The Board shall establish a committee that shall provide advice to the Minister on the appointment of directors under subsection (1).

• Marginal note:Manner of appointment

  (3) Of the directors appointed under subsection (1),

  • (a) up to seven shall be tourism operators appointed to represent the following regions in the following numbers:

    • (i) not more than two for the Provinces of Nova Scotia, New Brunswick, Prince Edward Island and Newfoundland,

    • (ii) one for the Province of Quebec,

    • (iii) one for the Province of Ontario,

    • (iv) one for the Provinces of Manitoba and Saskatchewan,

    • (v) one for the Province of Alberta, the Northwest Territories and Nunavut, and

    • (vi) one for the Province of British Columbia and the Yukon Territory; and

  • (b) up to nine shall be private sector representatives.

• Marginal note:Term of office

  (4) The directors appointed under subsection (1) shall be appointed to hold office during pleasure on a part-time basis for a term of not more than three years.

• Marginal note:Definitions

  (5) The definitions in this subsection apply in this section.

  private sector director

  administrateur du secteur privé

  private sector director means a director who is a tourism operator or a private sector representative. (administrateur du secteur privé)

  private sector representative

  représentant du secteur privé

  private sector representative means a tourism operator or a person with the expertise required to satisfy the Board’s needs. (représentant du secteur privé)

  tourism operator

  exploitant d’entreprise touristique

  tourism operator means an owner or a manager of a private sector tourism business. (exploitant d’entreprise touristique)

Marginal note:Appointment of public sector directors

• 12 (1) The Minister, with the approval of the Governor in Council, shall appoint public sector directors in the numbers specified in subparagraphs 11(3)(a)(i) to (vi) to represent the regions set out in those subparagraphs.

• Marginal note:Ministers to designate persons

  (2) The directors who are to be appointed under subsection (1) shall be appointed from among persons designated by the provincial or territorial ministers responsible for tourism. Those ministers may designate deputy ministers, persons who are equivalent to deputy ministers or persons who are heads of provincial or territorial agencies.

• Marginal note:Term of office

  (3) The directors appointed under subsection (1) shall be appointed to hold office during pleasure on a part-time basis for a term of not more than three years.

Marginal note:Ex officio director

13 The Deputy Minister of Industry is, ex officio, a director.

Marginal note:Re-appointment

14 A director is eligible to be re-appointed to the Board in the same or another capacity.

Remuneration and Fees

Marginal note:President

15 The President shall be paid the remuneration that the Governor in Council may fix.

Marginal note:Private sector directors

16 The Chairperson and the private sector directors, other than the President, shall be paid the fees that the Governor in Council may fix.

Chairperson

Marginal note:Duties

17 The Chairperson shall determine the times when and places where the Board will meet and shall preside at those meetings.

Marginal note:Absence, etc., of Chairperson

18 If the Chairperson is absent or incapacitated or if the office of Chairperson is vacant, the Board may designate any director appointed under section 11 to exercise the powers and perform the duties and functions of the Chairperson during the absence, incapacity or vacancy, but no director may be so designated for a period exceeding ninety days without the approval of the Governor in Council.

President

Marginal note:Duties

19 The President is the chief executive officer of the Commission and has supervision over and direction of the work of the Commission including the management of its internal affairs and the hiring and termination of its staff.

Marginal note:Absence, etc., of President

20 If the President is absent or incapacitated or if the office of President is vacant, the Board may designate any person to exercise the powers and perform the duties and functions of the President during the absence, incapacity or vacancy, but no person may be so designated for a period exceeding ninety days without the approval of the Governor in Council.

Marginal note:Delegation

21 Subject to any contrary provision in any other Act of Parliament, the President may delegate to any person any power, duty or function conferred on the President under this Act or any other enactment.

Meetings

Marginal note:Minimum number of meetings

22 The Board shall meet at least twice a year.

By-laws

Marginal note:By-laws

23 The Board shall make by-laws respecting the management and conduct of the affairs of the Commission and the carrying out of the duties of the Board, including by-laws establishing

• (a) a code of ethics for the directors and employees of the Commission;

• (b) committees of the Board, including an executive committee, a human resources committee, a committee for the purposes of section 11 and an audit committee; and

• (c) a contracting policy for the Commission.

Head Office

Marginal note:Head office

24 The head office of the Commission shall be in the place in Canada that the Governor in Council may, by order, designate.

Accident Compensation

Marginal note:Accident compensation

25 The Chairperson, the President, the private sector directors and the employees of the Commission are deemed to be employees for the purposes of the Government Employees Compensation Act and to be employed in the public service of Canada for the purposes of any regulations made under section 9 of the Aeronautics Act.

Agreements

Marginal note:Agreements

• 26 (1) The Commission may enter into an agreement with the government of any province or territory to carry out its objects.

• Marginal note:Incorporation of corporations

  (2) If the agreement provides for the incorporation of a corporation or the acquisition of shares in a corporation or all or substantially all of the assets of a corporation, the Commission may, with the approval of the Governor in Council, do any of those things, either by itself or jointly with any person or the government of a province or a territory, in order to carry out the provisions of the agreement.

• Marginal note:Consistent activities

  (3) A corporation mentioned in subsection (2) may carry out only activities that are consistent with the objects of the Commission, taking into account the restriction set out in subsection 6(2).

Staff

Marginal note:Staff

27 The Commission may engage any officers, employees and agents and any technical and professional advisers that it considers necessary for the proper conduct of its activities and may fix the terms and conditions of their engagement.

Marginal note:Staff outside Canada

28 When the Commission, outside Canada, engages persons referred to in section 27 to perform duties outside Canada, it shall engage them and establish their terms and conditions of employment or work, and the Canada Labour Code does not apply to those persons.

Transitional Provisions

Interpretation

Marginal note:Definitions

29 The definitions in this section apply in this section and in sections 30 to 46.

commencement day

Footnote ^*commencement day means the day on which this Act comes into force. (date d’entrée en vigueur)

• Return to footnote ^*[Note: Act in force January 2, 2001, see SI/2001-5.]

employee

employee means a person whose employment in the Department of Industry is terminated under paragraph 11(2)(g.1) of the Financial Administration Act and who is hired by the new Commission following an offer of employment made by the new Commission as a result of the transfer of the work of the former Commission from the Department of Industry to the new Commission. (employé)

former Commission

former Commission means the Canadian Tourism Commission established by Order in Council P.C. 1995-110 of January 31, 1995 and the associated Special Operating Agency created by decision of the Treasury Board. (ancienne commission)

grievance

grievance has the same meaning as in subsection 2(1) of the Public Service Staff Relations Act. (grief)

new Commission

new Commission means the Canadian Tourism Commission established by section 3. (nouvelle commission)

Former Commission

Marginal note:Commission dissolved

• 30 (1) The former Commission is dissolved and its work is transferred from the Department of Industry to the new Commission.

• Marginal note:Public Service Superannuation Act

  (2) For the purpose of section 40.1 of the Public Service Superannuation Act, the transfer of the work of the former Commission is deemed to be a transfer or divestiture, by Her Majesty in right of Canada, of the administration of a service to a person.

Marginal note:Chairperson

31 The person who holds the office of Chairperson of the former Commission immediately before the commencement day continues in office as the Chairperson of the new Commission for the remainder of the term for which the person was appointed Chairperson.

Marginal note:President

32 The person who holds the office of President of the former Commission immediately before the commencement day continues in office as the President of the new Commission for the remainder of the term for which the person was appointed President.

Marginal note:Other directors

33 Each person who is a director of the former Commission immediately before the commencement day continues as a director of the new Commission for the remainder of the term for which the person was appointed as a director.

Marginal note:Property transferred

34 All property of Her Majesty in right of Canada that is under the administration and control of the Minister and used for the purpose of carrying out the objects of the former Commission is transferred to the new Commission to be held in the name of the new Commission.

Marginal note:Obligations transferred

35 All obligations and liabilities of Her Majesty in right of Canada incurred in respect of the former Commission are transferred to the new Commission.

Marginal note:References

36 Every reference to the former Commission in a deed, contract or other document shall, unless the context otherwise requires, be read as a reference to the new Commission.

Marginal note:Commencement of legal proceedings

• 37 (1) Any action, suit or other legal proceeding in respect of an obligation or a liability incurred in carrying out the objects of the former Commission may be brought against the new Commission in any court that would have had jurisdiction if the action, suit or proceeding had been brought against Her Majesty in right of Canada.

• Marginal note:Continuation of legal proceedings

  (2) Any action, suit or other legal proceeding in respect of the former Commission that is pending in a court immediately before the commencement day may, on that day, be continued by or against the new Commission.

Marginal note:Canadian Tourism Commission Account

38 The amount outstanding on the commencement day in the accounts of Canada in respect of the carrying out of the objects of the former Commission shall be paid to the new Commission in the manner most appropriate to give effect to the purpose for which the moneys or property constituting or otherwise giving rise to that amount were given, bequeathed or otherwise made available to the former Commission.

Marginal note:First corporate plan and budgets

39 Despite the period prescribed for submitting a corporate plan, an operating budget and a capital budget under the Financial Administration Act, the new Commission shall, within six months after the commencement day, submit to the Minister in accordance with that Act a corporate plan, an operating budget and a capital budget for its first financial year.

Marginal note:Appropriations

Footnote ^*40 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 former Commission in carrying out its objects is an amount appropriated for defraying the charges and expenses of the new Commission.

• Return to footnote ^*[Note: Section 40 in force January 2, 2001, see SI/2001-5.]

Human Resources and Labour Relations

Marginal note:Pending competitions and appointments

41 A competition being conducted or an appointment being or about to be made under the Public Service Employment Act in respect of a position within the Department of Industry, the duties and functions of which are assigned to a position within the new Commission, may continue to be conducted or made as if the new Commission were a department for the purposes of that Act.

Marginal note:Eligibility lists

42 An eligibility list made under the Public Service Employment Act in respect of positions within the Department of Industry related to the carrying out of the objects of the former Commission that is valid on the commencement day continues to be valid for the period provided for by subsection 17(2) of that Act, but that period may not be extended.

Marginal note:Pending appeals

• 43 (1) An appeal made under section 21 of the Public Service Employment Act by any person against an appointment to a position within the Department of Industry the duties and functions of which are assigned to a position within the new Commission, and not finally disposed of on the assignment, must be dealt with and disposed of in accordance with that Act as if the new Commission were a department for the purposes of that Act and the person continued to be an employee for the purposes of that Act.

• Marginal note:Other recourse

  (2) Any recourse commenced by an employee under the Public Service Employment Act that has not been finally dealt with on the employee’s engagement by the new Commission must be dealt with and disposed of in accordance with that Act as if the new Commission were a department for the purposes of that Act and the person continued to be an employee for the purposes of that Act.

Marginal note:Employees on probation

• 44 (1) Every employee who was considered to be on probation under section 28 of the Public Service Employment Act immediately before being engaged by the new Commission continues on probation with the new Commission until the end of the period established by the Public Service Commission by regulation for that employee or a class of persons of which that employee is a member.

• Marginal note:Rejection

  (2) Subsection 28(2) of the Public Service Employment Act applies to an employee of the new Commission who is on probation but the reference to deputy head in that subsection is to be read as a reference to the President.

Marginal note:Pending grievances

• 45 (1) Any grievance commenced by an employee under the Public Service Staff Relations Act that has not been finally dealt with on the employee’s engagement by the new Commission must be dealt with and disposed of in accordance with that Act as if the employee’s employment in the Department of Industry had not been terminated.

• Marginal note:Implementation of decision

  (2) A final decision with respect to a grievance referred to in subsection (1) that provides for the reinstatement of or payment of money to a person must be implemented by the new Commission as soon as is practicable.

Marginal note:Ineligibility for benefits — executive group

46 An indeterminate employee who was a member of the Executive Group in the Department of Industry and whose employment is terminated under paragraph 11(2)(g.1) of the Financial Administration Act is not eligible for benefits under the Treasury Board Executive Employment Transition Policy.

Consequential Amendments

47 to 50 [Amendments]

Coming into Force

Marginal note:Coming into force

Footnote ^*51 This Act comes into force on a day to be fixed by order of the Governor in Council.

• Return to footnote ^*[Note: Act in force January 2, 2001, see SI/2001-5.]