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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

Consequential Amendments

Marginal note:1998, c. 26, s. 2

417. Sections 13 and 13.1 of the Act are replaced by the following:

Marginal note:Head office

13. The head office of the Board must be in the National Capital Region as described in the schedule to the National Capital Act.

Marginal note:1998, c. 26, s. 3(3)

418. Paragraph 15(p) of the Act is replaced by the following:

  • (p) the authority of any person to act on behalf of the Board and the matters and things to be done and the action to be taken by that person, including the authority of an employee of the Administrative Tribunals Support Service of Canada to make decisions on uncontested applications or questions; and

Marginal note:1998, c. 26, s. 4

419. Subsection 15.1(1) of the Act is replaced by the following:

Marginal note:General power to assist parties

  • 15.1 (1) The Board or any member of the Board or an employee of the Administrative Tribunals Support Service of Canada who is authorized by the Board may, if the parties agree, assist the parties in resolving any issues in dispute at any stage of a proceeding and by any means that the Board considers appropriate, without prejudice to the Board’s power to determine issues that have not been settled.

Marginal note:1999, c. 31, par. 162(p)(E); 2003, c. 22, par. 224(o)(E)

420. Section 119 of the Act is replaced by the following:

Marginal note:Member of Board, conciliation board, etc., not required to give evidence

  • 119. (1) No member of the Board or a conciliation board, conciliation officer, conciliation commissioner, officer or employee employed in the federal public administration or person appointed by the Board or the Minister under this Part shall be required to give evidence in any civil action, suit or other proceeding respecting information obtained in the discharge of their duties under this Part.

  • Marginal note:Chief Administrator and employees not required to give evidence

    (2) Neither the Chief Administrator nor an employee of the Administrative Tribunals Support Service of Canada shall be required to give evidence in any civil action, suit or other proceeding respecting information obtained in the discharge of their duties in providing services to the Board.

R.S., c. P-21Privacy Act

Marginal note:1998, c. 26, s. 78

421. The schedule to the Privacy Act is amended by striking out the following under the heading “OTHER GOVERNMENT INSTITUTIONS”:

  • Canada Industrial Relations Board

    Conseil canadien des relations industrielles

422. The schedule 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. 45

423. The schedule 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 7(2))

424. The schedule 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. 58.1; 2006, c. 9, s. 224

425. The schedule 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. 50

426. The schedule to the Act is amended by striking out the following under the heading “OTHER GOVERNMENT INSTITUTIONS”:

  • Specific Claims Tribunal

    Tribunal des revendications particulières

427. The schedule 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. S-15Special Import Measures Act

428. The definition “Secretary” in subsection 2(1) of the Special Import Measures Act is repealed.

Marginal note:1999, c. 12, s. 17

429. Subsection 34(2) of the Act is replaced by the following:

  • Marginal note:Tribunal to make preliminary inquiry

    (2) The Tribunal shall, without delay after receipt under subparagraph (1)(a)(i) of a notice of an initiation of an investigation, make a preliminary inquiry (which need not include an oral hearing) into whether the evidence discloses a reasonable indication that the dumping or subsidizing of the goods has caused injury or retardation or is threatening to cause injury.

Marginal note:1988, c. 65, s. 31; 1994, c. 47, par. 186(d)

430. Paragraph 41.1(2)(b) of the Act is replaced by the following:

  • (b) cause notice of the action taken pursuant to paragraph (a) to be given and published as provided in paragraph 34(1)(a) and to be given in writing to the Tribunal and the Canadian Secretary.

Marginal note:1994, c. 47, s. 169

  • 431. (1) The portion of subsection 42(1) of the Act before paragraph (a) is replaced by the following:

    Marginal note:Tribunal to make inquiry

    • 42. (1) The Tribunal, forthwith after receipt pursuant to subsection 38(3) of a notice of a preliminary determination, shall make inquiry with respect to such of the following matters as is appropriate in the circumstances:

  • Marginal note:1994, c. 47, s. 169

    (2) The portion of subsection 42(2) of the Act before paragraph (a) is replaced by the following:

    • Marginal note:Tribunal to make or resume inquiry

      (2) Where the Tribunal receives a notice pursuant to paragraph 52(1)(e) in respect of goods with respect to which an undertaking or undertakings have been terminated, it shall, unless it has already made a finding with respect to the goods, forthwith make or resume its inquiry as to whether the dumping or subsidizing

  • 432. (1) Subsection 43(1) of the Act is replaced by the following:

    Marginal note:Tribunal to make order or finding

    • 43. (1) In any inquiry referred to in section 42 in respect of any goods, the Tribunal shall, forthwith after the date of receipt of notice of a final determination of dumping or subsidizing with respect to any of those goods, but, in any event, not later than one hundred and twenty days after the date of receipt of notice of a preliminary determination with respect to the goods, make such order or finding with respect to the goods to which the final determination applies as the nature of the matter may require, and shall declare to what goods, including, where applicable, from what supplier and from what country of export, the order or finding applies.

  • Marginal note:2005, c. 38, par. 134(z.2)

    (2) Subsection 43(2) of the Act is replaced by the following:

    • Marginal note:Notice of order or finding

      (2) The Tribunal shall forward by registered mail to the President, the importer, the exporter and such other persons as may be specified by the rules of the Tribunal

      • (a) forthwith after it is made, a copy of each order or finding made by it pursuant to this section; and

      • (b) not later than fifteen days after the making of an order or finding by it pursuant to this section, a copy of the reasons for making the order or finding.

  • Marginal note:1988, c. 65, s. 32(2)

    (3) Subsection 43(3) of the Act is replaced by the following:

    • Marginal note:Publication of notice

      (3) The Tribunal shall cause a notice of each order or finding made by it pursuant to this section to be published in the Canada Gazette.

Marginal note:2002, c. 8, s. 170(E)

433. Paragraph 44(2)(a) of the Act is replaced by the following:

  • (a) the Tribunal shall without delay give notice of the recommencement of the inquiry with respect to those goods to every person to whom it forwarded, under subsection 43(2), a copy of the order or finding with respect to which the application under the Federal Courts Act was made; and

Marginal note:1997, c. 14, s. 91

434. The portion of subsection 47(3) of the Act before paragraph (a) is replaced by the following:

  • Marginal note:Notice of termination

    (3) The Tribunal shall

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