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Law Commission of Canada Act (S.C. 1996, c. 9)

Act current to 2020-03-05 and last amended on 2005-04-01. Previous Versions

Staff (continued)

Marginal note:Executive director

 Under the direction of the President, the executive director has the day-to-day supervision over the staff and work of the Commission.

Marginal note:Compensation

 The Commissioners 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 pursuant to section 9 of the Aeronautics Act.

  • 1996, c. 9, s. 17
  • 2003, c. 22, s. 224(E)

Advisory Bodies

Marginal note:Law Commission of Canada Advisory Council

  •  (1) There is hereby established a council, to be called the Law Commission of Canada Advisory Council, consisting of not less than twelve or more than twenty-four members appointed by the Commission to hold office during pleasure for a term not exceeding three years and the Deputy Minister of Justice.

  • Marginal note:Representation

    (1.1) In appointing persons as members of the Council, the Commission shall not restrict consideration to members of the legal community.

  • Marginal note:Qualifications

    (1.2) As a group, the members of the Council should be broadly representative of the socio-economic and cultural diversity of Canada, represent various disciplines and reflect knowledge of the common law and civil law systems.

  • Marginal note:Reappointment

    (2) A member of the Council is eligible for reappointment to the Council in the same or another capacity.

  • Marginal note:Chairperson

    (3) The members of the Council shall elect one of themselves as Chairperson of the Council.

  • Marginal note:Expenses

    (4) A member of the Council serves without remuneration, but is entitled to be paid reasonable travel and living expenses incurred by the member while absent from the member’s ordinary place of residence in the course of performing duties under this Act.

Marginal note:Advisory function

 The Council shall advise the Commission on the Commission’s strategic directions and long-term program of studies and on the review of the Commission’s performance and may advise the Commission on any other matters relating to the purpose of the Commission.

Marginal note:Study panels

  •  (1) For the purposes of advising and assisting the Commission in any particular project, the Commission may establish a study panel presided over by a Commissioner and consisting of persons having specialized knowledge in, or particularly affected by, the matter to be studied.

  • Marginal note:Expenses

    (2) A person serving on a study panel serves without remuneration, but is entitled to be paid reasonable travel and living expenses incurred by the person while absent from the person’s ordinary place of residence in the course of performing duties under this Act.

General

Marginal note:Agent of Her Majesty

  •  (1) The Commission is for all its purposes an agent of Her Majesty in right of Canada and may exercise its powers only as an agent of Her Majesty.

  • Marginal note:Contracts

    (2) The Commission may enter into contracts in the name of Her Majesty in right of Canada or in its own name.

  • Marginal note:Property

    (3) Property acquired by the Commission is the property of Her Majesty in right of Canada and title to the property may be vested in the name of Her Majesty or in the name of the Commission.

  • Marginal note:Legal proceedings

    (4) Actions, suits or other legal proceedings in respect of any right or obligation acquired or incurred by the Commission, whether in the name of Her Majesty in right of Canada or in its own name, may be brought or taken by or against the Commission in the name of the Commission in any court that would have jurisdiction if the Commission were not an agent of Her Majesty.

Marginal note:Audit

 The accounts and financial transactions of the Commission shall be audited by the Auditor General of Canada at such times as the Auditor General considers appropriate, and a report of the audit shall be made to the Commission and to the Minister of Justice.

Marginal note:Annual report

 Within three months after the end of each fiscal year, the President shall submit to the Minister of Justice an annual report of the activities of the Commission in that year, including the financial statements of the Commission and the Auditor General’s report.

Marginal note:Tabling of reports

 The Minister of Justice shall cause a copy of any report of the Commission to be tabled in each House of Parliament on any of the first fifteen days on which that House is sitting after the Minister receives it.

Marginal note:Tabling of response

 The Minister of Justice shall cause a copy of the Minister’s response to any report of the Commission to be tabled in each House of Parliament on any of the first fifteen days on which that House is sitting after the Minister gives the response to the Commission.

Consequential Amendments

 [Amendments]

Coming into Force

Marginal note:Coming into force

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

 
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