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Canada Border Services Agency Act (S.C. 2005, c. 38)

Assented to 2005-11-03

Marginal note:Agreements
  •  (1) Subject to section 38 of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act, the Agency may, with the approval of the Governor in Council, on the recommendation of the Minister and the Minister of Foreign Affairs and International Trade, enter into an agreement with a foreign state or an international organization, for the purposes of carrying out the mandate of the Agency.

  • Marginal note:Arrangements and agreements

    (2) The Agency may, for the purposes of carrying out its mandate,

    • (a) enter into an arrangement with a foreign state or an international organization; or

    • (b) enter into an agreement or arrangement with the government of a province, a department or agency of the Government of Canada or any person or organization.

Marginal note:Agreements to administer a tax
  •  (1) The Agency may enter into or amend an agreement with a provincial or territorial government to administer a tax or other fiscal measure if the agreement is in accordance with guidelines relating to agreements of that kind established jointly by the Minister and the Minister of Finance.

  • Marginal note:Application of the Federal-Provincial Fiscal Arrangements Act

    (2) Parts III and III.1 of the Federal-Provincial Fiscal Arrangements Act do not apply to an agreement entered into or amended under subsection (1).

EXPENDITURES

Marginal note:Appropriation Acts

 An appropriation Act may provide that the balance of money appropriated by Parliament for the use of the Agency that remains unexpended at the end of the fiscal year, after the adjustments referred to in section 37 of the Financial Administration Act are made, lapses at the end of the following fiscal year.

ANNUAL REPORT

Marginal note:Annual report
  •  (1) The Minister shall, as soon as possible after the end of each fiscal year but no later than the end of the calendar year in which that fiscal year ends, cause to be laid before each House of Parliament a report of the operations and performance of the Agency for that fiscal year.

  • Marginal note:Reports required by Treasury Board

    (2) The obligation imposed by subsection (1) may be satisfied by the tabling of any reports of the operations and performance of the Agency required by the Treasury Board that contain the information required by that subsection.

TRANSITIONAL PROVISIONS

Definitions

Marginal note:Definitions

 The following definitions apply in sections 17 to 19 and 21 to 28.

“former agency”

« ancienne agence »

“former agency” means the portion of the public service of Canada known as the Canada Border Services Agency.

“new agency”

« nouvelle agence »

“new agency” means the Canada Border Services Agency established under subsection 3(1).

“order P.C. 2003-2064”

« décret C.P. 2003-2064 »

“order P.C. 2003-2064” means Order in Council P.C. 2003-2064 of December 12, 2003, registered as SI/2003-216.

Former Agency

Marginal note:President and Executive Vice-president
  •  (1) The persons occupying the positions of President and Executive Vice-president of the former agency on the day on which this section comes into force become the President and Executive Vice-president of the new agency on that day and are deemed to have been appointed under section 7.

  • Marginal note:Positions

    (2) Nothing in this Act is to be construed as affecting the status of an employee who, immediately before the coming into force of this section, occupied a position in the former agency, except that the employee shall, on the coming into force of this section, occupy his or her position in the new agency under the direction of the President.

  • Marginal note:Definition of “employee”

    (3) In subsection (2), “employee” has the same meaning as in subsection 2(1) of the Public Service Employment Act.

Marginal note:Transfer of appropriations
  •  (1) 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 public service of Canada for the former agency that, on the day on which this section comes into force, is unexpended is deemed, on that day, to be an amount appropriated for defraying the charges and expenses of the public service of Canada for the new agency.

  • Marginal note:Transfer of powers, duties and functions

    (2) Wherever under any Act, order, rule or regulation, or any contract, lease, licence or other document, any power, duty or function is vested in or exercisable by the President of the former agency or an employee of the former agency, the power, duty or function is vested in and shall be exercised by the President of the new agency or an employee of the new agency unless the Governor in Council by order designates a deputy minister or an officer of the public service of Canada to exercise that power or perform that duty or function.

  • Marginal note:Continuation of proceedings

    (3) Any action, suit or other legal or administrative proceeding to which the former agency or its President is a party that is pending on the coming into force of this section may be continued by or against the new agency or its President in a similar manner and to the same extent as it would have been continued by or against the former agency or its President.

  • Marginal note:Deeming

    (4) Decisions made by the President of the former agency are deemed to be decisions made by the President of the new agency.

  • Marginal note:Validity of documents

    (5) All orders, rules, regulations, decisions, determinations and re-determinations, directions, licences, authorizations, certificates, consents, approvals, declarations, designations, permits, registrations, rates or other documents that are in force on the coming into force of this section and that are made or issued by the President of the former agency or any person under his or her authority continue in force as if they were made or issued by the President of the new agency or a person under his or her authority, as the case may be, until they expire or are repealed, replaced, rescinded or altered.

  • Marginal note:Continuation of evidentiary presumption

    (6) Every affidavit sworn, or document purporting to be certified, by an employee of the former agency before the day on which this section comes into force has the same probative value as if it were sworn or certified by an employee of the new agency after that day.

Marginal note:References
  •  (1) A reference to the former agency in any of the following is deemed to be a reference to the new agency:

  • Marginal note:Deputy head

    (2) The designation of a person as deputy head of the former agency in any of the following is deemed to be a designation of the President of the new agency as deputy head of that agency:

Canada Customs and Revenue Agency

Marginal note:Positions

 Nothing in this Act shall be construed as affecting the status of an employee who, immediately before the coming into force of this section, occupied a position in the Canada Customs and Revenue Agency, except that the employee shall occupy that position in the Canada Revenue Agency.

Marginal note:Continuation of rights and property
  •  (1) Subject to subsection (2), all rights and property of the Canada Customs and Revenue Agency continue as the rights and property of the Canada Revenue Agency.

  • Marginal note:Transfer to new agency

    (2) All rights and property of the Canada Customs and Revenue Agency that are in respect of those portions of the Canada Customs and Revenue Agency the control and supervision of which were transferred to the former agency by order P.C. 2003-2064 are transferred to the new agency.

Marginal note:Continuation of obligations and liabilities
  •  (1) Subject to subsection (2), all obligations and liabilities of the Canada Customs and Revenue Agency continue as obligations and liabilities of the Canada Revenue Agency.

  • Marginal note:Transfer to new agency

    (2) All obligations and liabilities of the Canada Customs and Revenue Agency that were incurred in respect of those portions of the Canada Customs and Revenue Agency the control and supervision of which were transferred to the former agency by order P.C. 2003-2064 are transferred to the new agency.

 
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