Budget Implementation Act, 2018, No. 1 (S.C. 2018, c. 12)
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Assented to 2018-06-21
PART 6Various Measures (continued)
DIVISION 7Payment Clearing and Settlement (continued)
SUBDIVISION BOversight Information (continued)
Coming into Force
Marginal note:Order in council
244 This Subdivision, other than section 243, comes into force on a day to be fixed by order of the Governor in Council.
DIVISION 8R.S., c. 47 (4th Supp.)Canadian International Trade Tribunal Act
245 (1) Subsection 3(1) of the Canadian International Trade Tribunal Act is replaced by the following:
Marginal note:Tribunal established
3 (1) There is established a tribunal, to be known as the Canadian International Trade Tribunal, consisting of up to seven permanent members, including a Chairperson and a Vice-chairperson, to be appointed by the Governor in Council.
(2) Subsection 3(5) of the Act is replaced by the following:
Marginal note:Re-appointment of permanent members
(5) A permanent member or former permanent member is eligible to be re-appointed as a permanent member for one further term in the same capacity as in the previous term or in another capacity, but may hold office as a permanent member for no more than ten years.
Marginal note:Clarification
(5.1) For greater certainty, a change during a permanent member’s term of office in the capacity to which the member is appointed — whether as Chairperson, Vice-chairperson or one of the other permanent members — is not a re-appointment to a further term of office for the purposes of subsection (5).
246 Section 8 of the Act is replaced by the following:
Marginal note:Absence, etc. — Chairperson
8 (1) In the event of the absence or incapacity of the Chairperson or if the office of Chairperson is vacant, the Vice-chairperson shall act as Chairperson and may exercise all the powers and perform all the duties and functions of the Chairperson.
Marginal note:Absence, etc. — Chairperson and Vice-chairperson
(1.1) If subsection (1) does not apply owing to the absence or incapacity of the Vice-chairperson or to the office of Vice-chairperson being vacant, the Minister may authorize another permanent member to act as Chairperson, and that member may exercise all the powers and perform all the duties and functions of the Chairperson.
Marginal note:Absence, etc. — Vice-chairperson
(1.2) In the event of the absence or incapacity of the Vice-chairperson or if the office of Vice-chairperson is vacant, the Minister may authorize another permanent member to act as Vice-chairperson, and that member may exercise all the powers and perform all the duties and functions of the Vice-chairperson.
Marginal note:Approval of Governor in Council
(1.3) No permanent member may be authorized by the Minister to act under subsection (1.1) or (1.2) for a period exceeding 60 days without the approval of the Governor in Council.
Marginal note:Absence, etc. — other members
(2) In the event of the absence or incapacity of a temporary member or a permanent member other than the Chairperson or Vice-chairperson, the Governor in Council may appoint a person, on any terms and conditions that the Governor in Council specifies, to act as a substitute member for the time being.
DIVISION 9Canadian High Arctic Research Station and Application of an Order in Nunavut
2014, c. 39, s. 145Canadian High Arctic Research Station Act
247 Section 2 of the Canadian High Arctic Research Station Act is amended by adding the following in alphabetical order:
- immovable
immovable has the same meaning as in section 2 of the Federal Real Property and Federal Immovables Act. (immeuble)
- real property
real property has the same meaning as in section 2 of the Federal Real Property and Federal Immovables Act. (biens réels)
248 (1) Paragraph 6(2)(h) of the Act is replaced by the following:
(h) acquire real property or immovables, have the administration of the real property or immovables or acquire a licence as defined in section 2 of the Federal Real Property and Federal Immovables Act;
(2) Subsection 6(3) of the Act is replaced by the following:
Marginal note:Approval of Governor in Council
(3) Despite paragraphs (2)(h) and (j), CHARS may acquire or dispose of real property or immovables only with the approval of the Governor in Council.
(3) Paragraphs 6(4)(a) to (c) of the Act are replaced by the following:
(a) lease of real property or of an immovable; or
(b) disposition to a public utility or municipality of an easement or any other interest in real property, other than a fee simple, or of a servitude or any other immovable real right, other than the ownership of an immovable, if the disposition is necessary for the utility or municipality to carry out its activities, including the construction or maintenance of a public work.
(4) Section 6 of the Act is amended by adding the following after subsection (4):
Marginal note:Property of Her Majesty
(5) Property acquired by CHARS is property of Her Majesty in right of Canada and title to it may be held in the name of Her Majesty in right of Canada or of CHARS.
Marginal note:Transfer of administration
(6) Paragraph 16(1)(g) of the Federal Real Property and Federal Immovables Act applies to CHARS as if it were an agent corporation as defined in that Act.
Application of an Order in Nunavut
Marginal note:Deemed application
249 Despite section 68 of the Northwest Territories Devolution Act, the Order entitled Game Declared in Danger of Becoming Extinct, C.R.C., c. 1236, is deemed to have continued in force and to have continued to apply in Nunavut, as of April 1, 2014.
DIVISION 102000, c. 6Canadian Institutes of Health Research Act
250 Subsections 7(1) to (3) of the Canadian Institutes of Health Research Act are replaced by the following:
Marginal note:Governing Council
7 (1) The Governing Council of the CIHR shall consist of not more than 18 members, including the Chairperson appointed under subsection (3.1).
Marginal note:Appointment and tenure of members
(2) Subject to section 8, each initial member of the Governing Council shall be appointed by the Governor in Council to hold office for any term of not more than three years that will ensure, as far as possible, the expiry in any one year of the terms of office of not more than one third of the members. Subsequently appointed members shall be appointed by the Governor in Council for a three-year term.
Marginal note:Removal and reappointment
(3) Except for the Chairperson appointed under subsection (3.1), the members shall be appointed to hold office during pleasure and may be appointed to no more than two consecutive terms.
Marginal note:Chairperson
(3.1) Subject to subsection (3.2), the Governor in Council shall appoint a Chairperson to hold office during pleasure for a term of not more than five years. The Chairperson is eligible for reappointment.
Marginal note:Ineligibility for appointment
(3.2) The President is not eligible to be appointed as the Chairperson.
251 Sections 8 and 9 of the Act are replaced by the following:
Marginal note:President and Deputy Minister of Health
8 The President and the Deputy Minister of Health are ex officio and non-voting members of the Governing Council.
Marginal note:Vice-Chairperson
9 (1) The Governing Council shall elect a Vice-Chairperson from among its members, other than the President and the Deputy Minister of Health.
Marginal note:Absence or incapacity
(2) In the event of the absence or incapacity of the Chairperson or if the office of the Chairperson is vacant, the Vice-Chairperson has and may exercise all the powers and perform all the duties and functions of the Chairperson.
252 The portion of section 12 of the French version of the Act before paragraph (a) is replaced by the following:
Marginal note:Président d’IRSC
12 Le président d’IRSC :
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