Canadian Tourism Commission Act (S.C. 2000, c. 28)

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 12 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 directors

• 11 (1) Up to nine 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:Term of office

  (3) The directors appointed under subsection (1) hold office during pleasure on a part-time basis for a term not exceeding four years.

• (4) and (5) [Repealed, 2010, c. 12, s. 1718]

12 [Repealed, 2010, c. 12, s. 1719]

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:Directors

16 The Chairperson and the directors appointed under subsection 11(1) 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 directors appointed under subsection 11(1) 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 federal public administration 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.