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

Assented to 2014-06-19

PART 6VARIOUS MEASURES

Division 29Administrative Tribunals Support Service of Canada Act

Transitional Provisions

Marginal note:Powers and duties

 A person referred to in section 378 whom an administrative tribunal has authorised to exercise certain powers or perform certain duties or functions relating to a matter before that administrative tribunal remains, on the day on which this Division comes into force, authorized to exercise those powers and perform those duties and functions despite the operation of that section.

Marginal note:Appropriations —  administrative tribunal
  •  (1) Any money that is appropriated by an Act of Parliament, for the fiscal year in which this Division comes into force, to defray any expenditure of an administrative tribunal referred to in paragraph (b), (c), (f) or (g) of the definition “administrative tribunal” in section 377 and that, on the day on which this Division comes into force, is unexpended is deemed, on that day, to be an amount appropriated to defray any expenditure of the Service.

  • Marginal note:Appropriations —  Public Service Labour Relations Board or Public Service Staffing Tribunal

    (2) Any money that is appropriated by an Act of Parliament, for the fiscal year in 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, to defray any expenditure of the Public Service Labour Relations Board or the Public Service Staffing Tribunal and that, on the day on which that subsection 4(1) comes into force, is unexpended is deemed, on that day, to be an amount appropriated to defray any expenditure of the Service.

  • Marginal note:Appropriations  — Registries

    (3) Any money that is appropriated by an Act of Parliament, for the fiscal year in which this Division comes into force, to defray any expenditure of a Registry and that, on the day on which this Division comes into force, is unexpended is deemed, on that day, to be an amount appropriated to defray any expenditure of the Service.

  • Marginal note:Appropriations —  Department of Canadian Heritage

    (4) Any money that is appropriated by an Act of Parliament, for the fiscal year in which this Division comes into force, to defray any expenditure of the Department of Canadian Heritage related to the Canadian Cultural Property Export Review Board and that, on the day on which this Division comes into force, is unexpended is deemed, on that day, to be an amount appropriated to defray any expenditure of the Service.

  • Marginal note:Appropriations —  Department of Agriculture and Agri-Food

    (5) Any money that is appropriated by an Act of Parliament, for the fiscal year in which this Division comes into force, to defray any expenditure of the Department of Agriculture and Agri-Food related to the Review Tribunal and that, on the day on which this Division comes into force, is unexpended is deemed, on that day, to be an amount appropriated to defray any expenditure of the Service.

  • Marginal note:Appropriations —  Canadian Food Inspection Agency

    (6) Any money that is appropriated by an Act of Parliament, for the fiscal year in which this Division comes into force, to defray any expenditure of the Canadian Food Inspection Agency related to the Review Tribunal and that, on the day on which this Division comes into force, is unexpended is deemed, on that day, to be an amount appropriated to defray any expenditure of the Service.

  • Marginal note:Appropriations —  Department of Employment and Social Development

    (7) Any money that is appropriated by an Act of Parliament, for the fiscal year in which this Division comes into force, to defray any expenditure of the Department of Employment and Social Development related to the Social Security Tribunal and that, on the day on which this Division comes into force, is unexpended is deemed, on that day, to be an amount appropriated to defray any expenditure of the Service.

Marginal note:Contracts
  •  (1) A contract respecting the provision of services or materiel to an administrative tribunal entered into by one of the following persons is deemed to have been entered into by the Chief Administrator of the Service:

    • (a) a member, officer or employee of an administrative tribunal referred to in paragraph (b), (c), (f), (g) or (k) of the definition “administrative tribunal” in section 377;

    • (b) an officer or employee of a Registry;

    • (c) the Minister of Canadian Heritage or an officer or employee of the Department of Canadian Heritage;

    • (d) the Minister of Agriculture and Agri-Food or an officer or employee of the Department of Agriculture and Agri-Food;

    • (e) the Minister of Employment and Social Development or an officer or employee of the Department of Employment and Social Development.

  • Marginal note:References

    (2) Unless the context otherwise requires, in a contract referred to in subsection (1), every reference to one of the persons referred to in paragraphs (1)(a) to (e) is to be read as a reference to the Chief Administrator of the Service.

Consequential Amendments

R.S., c. A-1Access to Information Act

Marginal note:1998, c. 26, s. 71

 Schedule I to the Access to Information Act is amended by striking out the following under the heading “OTHER GOVERNMENT INSTITUTIONS”:

  • Canada Industrial Relations Board

    Conseil canadien des relations industrielles

 Schedule I to the Act is amended by striking out the following under the heading “OTHER GOVERNMENT INSTITUTIONS”:

  • Canadian Cultural Property Export Review Board

    Commission canadienne d’examen des exportations de biens culturels

Marginal note:1998, c. 9, s. 36

 Schedule I to the Act is amended by striking out the following under the heading “OTHER GOVERNMENT INSTITUTIONS”:

  • Canadian Human Rights Tribunal

    Tribunal canadien des droits de la personne

Marginal note:R.S., c. 47 (4th Supp.), s. 52 (Sch., subitem 1(2))

 Schedule I to the Act is amended by striking out the following under the heading “OTHER GOVERNMENT INSTITUTIONS”:

  • Canadian International Trade Tribunal

    Tribunal canadien du commerce extérieur

Marginal note:2005, c. 46, s. 55.1; 2006, c. 9, s. 221

 Schedule I to the Act is amended by striking out the following under the heading “OTHER GOVERNMENT INSTITUTIONS”:

  • Registry of the Public Servants Disclosure Protection Tribunal

    Greffe du Tribunal de la protection des fonctionnaires divulgateurs d’actes répréhensibles

Marginal note:2008, c. 22, s. 44

 Schedule I to the Act is amended by striking out the following under the heading “OTHER GOVERNMENT INSTITUTIONS”:

  • Specific Claims Tribunal

    Tribunal des revendications particulières

 Schedule I to the Act is amended by adding the following in alphabetical order under the heading “OTHER GOVERNMENT INSTITUTIONS”:

  • Administrative Tribunals Support Service of Canada

    Service canadien d’appui aux tribunaux administratifs

R.S., c. C-34Competition Act

Marginal note:R.S., c. 19 (2nd Supp.), s. 45

 Section 89 of the Competition Act is replaced by the following:

Marginal note:Register of specialization agreements
  • 89. (1) The Tribunal shall cause to be maintained a register of specialization agreements, and any modifications of those agreements, that the Tribunal has directed be registered, and any such agreements and modifications shall be included in the register for the periods specified in the orders.

  • Marginal note:Public register

    (2) The register shall be accessible to the public.

R.S., c. C-51Cultural Property Export and Import Act

Marginal note:1991, c. 49, s. 217(1)

 Subsection 22(2) of the Cultural Property Export and Import Act is replaced by the following:

  • Marginal note:Valuation experts

    (2) The power of the Chief Administrator of the Administrative Tribunals Support Service of Canada under subsection 11(2) of the Administrative Tribunals Support Service of Canada Act may be exercised to engage the services of valuation experts to assist the Review Board in making determinations pursuant to section 30 respecting fair cash offers to purchase or pursuant to section 32 respecting the fair market value of objects disposed of, or proposed to be disposed of, to institutions or public authorities.

 Section 23 of the Act and the heading before it are repealed.

Marginal note:1999, c. 17, s. 122; 2005, c. 38, par. 138(f)

 Subsection 33(2) of the Act is replaced by the following:

  • Marginal note:Communication of information

    (2) A member of the Review Board or an official of the Administrative Tribunals Support Service of Canada may communicate to an official of the Canada Revenue Agency, solely for the purposes of administering the Income Tax Act, information obtained under this Act for the purposes of administering this section and sections 32, 33.1 and 33.2.

R.S., c. E-15Excise Tax Act

Marginal note:2007, c. 18, s. 19(1)

 Subsection 216(4) of the Excise Tax Act is replaced by the following:

  • Marginal note:Appeals of determination of tax status

    (4) In applying the Customs Act to a determination of the tax status of goods, the references in that Act to the “Canadian International Trade Tribunal” shall be read as references to the “Tax Court of Canada”.

 

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