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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:1995, c. 40, s. 29

450. Subsection 5(3) of the Act is replaced by the following:

  • Marginal note:Duties of Chairperson of Board

    (3) The Chairperson of the Board is the chief executive officer of the Board and shall apportion work among its members.

  • Marginal note:Duties of Chairperson of Tribunal

    (4) The Chairperson of the Tribunal shall apportion work among its members.

Marginal note:1995, c. 40, s. 30; 2003, c. 22, par. 224(i)(E)

451. Subsection 6(4) of the Act is replaced by the following:

  • Marginal note:Staff and facilities

    (4) The Minister may provide the Board with any officers and employees from within the federal public administration and any facilities and professional advisers that are necessary for the proper conduct of the business of the Board.

R.S., c. 47 (4th Supp.)Canadian International Trade Tribunal Act

Marginal note:1999, c. 12, par. 61(a)(E)

452. Section 7 of the Canadian International Trade Tribunal Act is replaced by the following:

Marginal note:Duties of Chairperson

7. The Chairperson has supervision over and direction of the work of the Tribunal including, without restricting the generality of the foregoing,

  • (a) the allocation of work among the members and the assignment of members to sit at, and to preside at, hearings of the Tribunal; and

  • (b) generally, the conduct of the work of the Tribunal and the management of its internal affairs.

Marginal note:1999, c. 12, par. 61(d)(E)

453. The heading before section 14 and sections 14 and 15 of the Act are repealed.

Marginal note:1994, c. 47, s. 43

454. Subsection 44.1(1) of the Act is replaced by the following:

Marginal note:Information to be disclosed

  • 44.1 (1) Where information is provided to the Tribunal for the purposes of proceedings before the Tribunal under the Special Import Measures Act in respect of goods imported from a NAFTA country, other than proceedings under section 33, subsection 34(1), section 35 or subsection 45(1) or 61(1) of that Act, the Tribunal shall, on request, provide the government of that country with copies of any such information that is in documentary form or in any other form in which it may be readily and accurately copied, unless the information is information to which subsection 45(1) of this Act or subsection 84(1) of that Act applies.

Marginal note:1999, c. 12, s. 59(1)

  • 455. (1) The portion of subsection 45(3.1) of the Act before paragraph (a) is replaced by the following:

    • Marginal note:Disclosure to Tribunal’s experts

      (3.1) Despite subsection (1), the Tribunal may disclose information to which that subsection applies to an expert engaged to advise or assist the Tribunal for use, despite any other Act or law, by the expert only in proceedings before the Tribunal under the Special Import Measures Act or this Act, subject to any conditions that the Tribunal considers reasonably necessary or desirable to ensure that the information will not, without the written consent of the person who provided the information to the Tribunal, be disclosed by the expert to any person in any manner that is calculated or likely to make it available to

  • (2) Subsection 45(5) of the Act is amended by striking out “and” at the end of paragraph (b) and by adding the following after paragraph (b):

    • (b.1) persons engaged under subsection 11(2) of the Administrative Tribunals Support Service of Canada Act to advise or assist the Tribunal; and

Marginal note:1999, c. 12, s. 60; 2005, c. 38, par. 55(c)

456. Paragraph 49(b) of the Act is replaced by the following:

  • (b) the President indicates to the Tribunal in writing that subsection 84(1) of the Special Import Measures Act applies to information or material filed with it under paragraph 37(a) or 38(3)(b) or subsection 76.03(9) of that Act,

Marginal note:Application

457. Section 7, subsections 44.1(1) and 45(3.1) and (5) and paragraph 49(b) of the Act, as enacted or amended by sections 452 and 454 to 456, apply to goods of a NAFTA country as defined in subsection 2(2) of that Act.

R.S., c. 1 (5th Supp.)Income Tax Act

458. Subparagraph 241(4)(d)(xii) of the Income Tax Act is replaced by the following:

  • (xii) to a member of the Canadian Cultural Property Export Review Board or an official of the Administrative Tribunals Support Service of Canada solely for the purposes of administering sections 32 to 33.2 of the Cultural Property Export and Import Act,

1991, c. 30Public Sector Compensation Act

459. Schedule I to the Public Sector Compensation Act is amended by adding the following in alphabetical order under the heading ‘‘OTHER PORTIONS OF THE PUBLIC SERVICE”:

  • Administrative Tribunals Support Service of Canada

    Service canadien d’appui aux tribunaux administratifs

1992, c. 33Status of the Artist Act

Marginal note:2012, c. 19, s. 538

460. Subsection 19(2) of the Status of the Artist Act is replaced by the following:

  • Marginal note:Consultation

    (2) In order to ensure that the purpose of this Part is achieved, the members of the Board may, in respect of any matter before it, consult with other members or with employees of the Administrative Tribunals Support Service of Canada.

Marginal note:2012, c. 19, s. 556(5)

461. Subsection 53(4) of the Act is replaced by the following:

  • Marginal note:Board’s duty and power

    (4) If the Board is of the opinion that the complaint must be heard, it may appoint a member who was never seized of the matter, or an employee of the Administrative Tribunals Support Service of Canada, to assist the parties to settle it and, if the matter is not settled within a period that the Board considers reasonable in the circumstances, or if the Board decides not to appoint a person to assist the parties to settle it, the Board shall hear and determine the complaint.

Marginal note:2012, c. 19, s. 563

462. Section 65 of the Act is replaced by the following:

Marginal note:Persons not required to give evidence

  • 65. (1) No member of the Board or person appointed by the Board or the Minister under this Part is 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.

1995, c. 44Employment Equity Act

Marginal note:1998, c. 9, s. 39(1)

463. Subsection 28(7) of the Employment Equity Act is repealed.

2001, c. 29Transportation Appeal Tribunal of Canada Act

464. The portion of subsection 5(1) of the Transportation Appeal Tribunal of Canada Act before paragraph (a) is replaced by the following:

Marginal note:Duties of Chairperson

  • 5. (1) The Chairperson has supervision over, and direction of, the work of the Tribunal, including

Marginal note:2003, c. 22, par. 225(z.26)(E)

465. Section 10 of the Act is repealed.

2005, c. 34; 2013, c. 40, s. 205Department of Employment and Social Development Act

466. The Department of Employment and Social Development Act is amended by adding the following after section 60:

Marginal note:Services and facilities

  • 60.1 (1) The Minister may provide the Chief Administrator of the Administrative Tribunals Support Service of Canada with any administrative services and facilities that are necessary to enable him or her to provide support services and facilities to the Tribunal.

  • Marginal note:Spending authority

    (2) The Minister may spend revenues obtained from the provision of services and facilities to the Chief Administrator, in the fiscal year in which they are received or, unless an appropriation Act provides otherwise, in the next fiscal year.

Marginal note:2012, c. 19, s. 224

467. Section 63 of the Act is replaced by the following:

Marginal note:Expenses and allowances

  • 63. (1) Any party who is required to attend a hearing may, if the Chairperson in any particular case for special reasons considers it warranted, be reimbursed for their travel or living expenses up to the amounts determined by the Chief Administrator of the Administrative Tribunals Support Service of Canada, or be paid any allowance, including compensation for lost remuneration, in accordance with the rates fixed by that Chief Administrator.

  • Marginal note:Payments

    (2) Any amount to be paid under subsection (1) may be paid out of moneys appropriated by Parliament for the expenditures of the Administrative Tribunals Support Service of Canada.

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