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

Act current to 2020-03-05 and last amended on 2012-03-16. Previous Versions

Canadian Tourism Commission (continued)

Staff (continued)

Marginal note:Staff outside Canada

 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

 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)

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

  •  (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

 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

 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

 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

 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

 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

 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

  •  (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

 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

 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 * 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.

Human Resources and Labour Relations

Marginal note:Pending competitions and appointments

 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

 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

  •  (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

  •  (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

  •  (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.

 
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