Economic Action Plan 2014 Act, No. 1 (S.C. 2014, c. 20)

Assented to 2014-06-19

Division 29Administrative Tribunals Support Service of Canada Act

Enactment of Act

Marginal note:Enactment

 The Administrative Tribunals Support Service of Canada Act whose text is as follows and whose schedule is set out in Schedule 6 to this Act, is enacted:

An Act to establish the Administrative Tribunals Support Service of Canada

SHORT TITLE

Marginal note:Short title

1. This Act may be cited as the Administrative Tribunals Support Service of Canada Act.

INTERPRETATION

Marginal note:Definitions

2. The following definitions apply in this Act.

“administrative tribunal”

« tribunal administratif »

“administrative tribunal” means a body referred to in the schedule to this Act.

“Chief Administrator”

« administrateur en chef »

“Chief Administrator” means the person appointed under subsection 5(1).

“Minister”

« ministre »

“Minister” means the Minister of Justice.

“Service”

« Service »

“Service” means the Administrative Tribunals Support Service of Canada established by section 3.

ADMINISTRATIVE TRIBUNALS SUPPORT SERVICE OF CANADA

Marginal note:Establishment of Service

3. The Administrative Tribunals Support Service of Canada, consisting of the Chief Administrator and employees of the Service, is established as a portion of the federal public administration.

Marginal note:Principal office
  • 4. (1) The principal office of the Service is to be in the National Capital Region described in the schedule to the National Capital Act.

  • Marginal note:Other offices

    (2) The Chief Administrator may establish other offices of the Service elsewhere in Canada.

CHIEF ADMINISTRATOR

Marginal note:Appointment
  • 5. (1) The Chief Administrator is to be appointed by the Governor in Council to hold office during pleasure for a term of up to five years.

  • Marginal note:Re-appointment

    (2) The Chief Administrator is eligible for re-appointment at the end of each term of office.

Marginal note:Status of Chief Administrator

6. The Chief Administrator has the rank and status of a deputy head of a department.

Marginal note:Absence or incapacity
  • 7. (1) If the Chief Administrator is absent or incapacitated or the office of Chief Administrator is vacant, the Minister must appoint another person to act as Chief Administrator, but a person must not be so appointed for a term of more than 90 days without the approval of the Governor in Council.

  • Marginal note:Powers, duties and functions

    (2) The person acting as Chief Administrator has all of the powers, duties and functions of the Chief Administrator conferred under this Act or any other Act of Parliament.

Marginal note:Salary and expenses
  • 8. (1) The Chief Administrator is to be paid the remuneration that may be fixed by the Governor in Council and is entitled to be paid reasonable travel and living expenses incurred in the exercise of his or her powers or the performance of his or her duties and functions while absent from the Chief Administrator’s ordinary place of work.

  • Marginal note:Compensation

    (2) The Chief Administrator is deemed to be a person employed in the public service for the purposes of the Public Service Superannuation Act and to be employed in the federal public administration for the purposes of the Government Employees Compensation Act and any regulations made under section 9 of the Aeronautics Act.

Marginal note:Chief executive officer

9. The Chief Administrator is the chief executive officer of the Service and has the control and management of the Service and all matters connected with it.

Marginal note:Responsibility

10. The Chief Administrator is responsible for the provision of the support services and the facilities that are needed by each of the administrative tribunals to exercise its powers and perform its duties and functions in accordance with the rules that apply to its work.

Marginal note:General powers
  • 11. (1) The Chief Administrator has all the powers that are necessary to perform his or her duties and functions under this or any other Act of Parliament.

  • Marginal note:Contracts, etc.

    (2) The Chief Administrator may enter into contracts, memoranda of understanding or other arrangements, including contracts to engage the services of legal counsel or other persons having professional, technical or specialized knowledge to advise or assist an administrative tribunal or any of its members.

Marginal note:Limitation

12. The Chief Administrator’s powers, duties and functions do not extend to any of the powers, duties and functions conferred by law on any administrative tribunal or on any of its members.

Marginal note:Delegation

13. The Chief Administrator may delegate to any employee of the Service any of the powers, duties, and functions conferred on the Chief Administrator under this Act or any other Act of Parliament.

ADMINISTRATIVE TRIBUNAL CHAIRPERSONS

Marginal note:For greater certainty

14. For greater certainty, the chairperson of an administrative tribunal continues to have supervision over and direction of the work of the tribunal.

EMPLOYEES OF THE SERVICE

Marginal note:Appointment of employees

15. The employees who are required for the purposes of the Service are to be appointed under the Public Service Employment Act.

GENERAL

Marginal note:Deeming  — filing documents and giving notice

16. Any provision of an Act of Parliament, or of a regulation, that requires the filing of a document with, or the giving of a notice to, an administrative tribunal is deemed to require that document to be filed with, or the notice to be given to, the Service, as the case may be.

Marginal note:Deeming  — amounts payable

17. Any provision of an Act of Parliament, or of a regulation, that requires an amount to be paid to an administrative tribunal is deemed to require that amount to be paid to the Service.

Marginal note:Amounts for operation of administrative tribunal

18. Any amount to be paid for the operation of any administrative tribunal may be paid out of moneys appropriated by Parliament for the expenditures of the Service.

Transitional Provisions

Marginal note:Definitions

 The following definitions apply in sections 378 to 381.

“administrative tribunal”

« tribunal administratif »

“administrative tribunal” means any of the following:

  • (a) the Canadian Cultural Property Export Review Board;

  • (b) the Canadian Human Rights Tribunal;

  • (c) the Canada Industrial Relations Board;

  • (d) the Competition Tribunal;

  • (e) the Review Tribunal;

  • (f) the Canadian International Trade Tribunal;

  • (g) the Transportation Appeal Tribunal of Canada;

  • (h) the Social Security Tribunal;

  • (i) the Public Servants Disclosure Protection Tribunal;

  • (j) the Specific Claims Tribunal;

  • (k) the Public Service Labour Relations and Employment Board.

“Chief Administrator”

« administrateur en chef »

“Chief Administrator” has the same meaning as in section 2 of the Administrative Tribunals Support Service of Canada Act.

“Registry”

« greffe »

“Registry” means any of the following:

  • (a) the Registry of the Competition Tribunal;

  • (b) the Registry of the Public Servants Disclosure Protection Tribunal;

  • (c) the Registry of the Specific Claims Tribunal.

“Service”

« Service »

“Service” means the Administrative Tribunals Support Service of Canada established by section 3 of the Administrative Tribunals Support Service of Canada Act.

Marginal note:Employment continued  — administrative tribunal
  •  (1) Nothing in this Division is to be construed as affecting the status of any person who, immediately before the day on which this Division comes into force, occupies a position in an administrative tribunal referred to in paragraph (b), (c), (f) or (g) of the definition “administrative tribunal” in section 377, except that the person is to, as of that day, occupy their position in the Service.

  • Marginal note:Employment continued  — Public Service Labour Relations and Employment Board

    (2) Nothing in this Division is to be construed as affecting the status of any person who, on the day on which subsection 4(1) of the Public Service Labour Relations and Employment Board Act, as enacted by section 365 of the Economic Action Plan 2013 Act, No. 2 comes into force, is employed by the Public Service Labour Relations and Employment Board, except that the person is to, as of that day, occupy their position in the Service.

  • Marginal note:Employment continued  — Registry

    (3) Nothing in this Division is to be construed as affecting the status of any person who, immediately before the day on which this Division comes into force, occupies a position in a Registry, except that the person is to, as of that day, occupy their position in the Service.

  • Marginal note:Employment continued  — portions of federal public administration

    (4) Nothing in this Division is to be construed as affecting the status of any person who, immediately before the day on which this Division comes into force, occupies a position in one of the following portions of the federal public administration, except that the person is to, as of that day, occupy their position in the Service:

    • (a) the portion of the Department of Canadian Heritage known as the Canadian Cultural Property Export Review Board Secretariat;

    • (b) the portion of the Department of Agriculture and Agri-Food known as the Review Tribunal Support Service;

    • (c) the portion of the Department of Employment and Social Development known as the Social Security Tribunal Support Service.

  • Marginal note:Managerial or confidential position

    (5) For greater certainty, a person’s status includes whether or not they occupy a managerial or confidential position.

 
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