Transitional Provisions (continued)
Footnote *25 Any amount that is 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 former Tribunal and that, on the day on which section 44 comes into force, is unexpended is deemed, on that day, to be an amount appropriated for defraying the charges and expenses of the new Tribunal.
Return to footnote *[Note: Sections 25 and 44 in force June 30, 2003, see SI/2003-128.]
Marginal note:Members of Tribunal
Footnote *26 The Chairman, Vice-Chairman and other members of the former Tribunal immediately before the coming into force of section 44 shall, on the coming into force of that section, occupy the positions of Chairperson, Vice-Chairperson and members, respectively, with the new Tribunal until the expiry of the period of their appointment to the former Tribunal.
Marginal note:Employment continued
Footnote *27 (1) Nothing in this Act shall be construed as affecting the status of an employee who, immediately before the coming into force of section 44, occupied a position with the former Tribunal, except that each of those persons shall, on the coming into force of that section, occupy their position with the new Tribunal.
Definition of employee
(2) For the purposes of this section, employee has the same meaning as in subsection 2(1) of the Public Service Employment Act.
28 Every reference to the former Tribunal in any deed, contract, agreement or other document executed by the former Tribunal in its own name shall, unless the context otherwise requires, be read as a reference to the new Tribunal.
Marginal note:Rights and obligations
29 All rights and property of the former Tribunal and of Her Majesty in right of Canada that are under the administration and control of the former Tribunal and all obligations of the former Tribunal are transferred to the new Tribunal.
Marginal note:Commencement of legal proceedings
30 Any action, suit or other legal proceeding in respect of an obligation or liability incurred by the former Tribunal may be brought against the new Tribunal in any court that would have had jurisdiction if the action, suit or other legal proceeding had been brought against the former Tribunal.
Marginal note:Continuation of legal proceedings
Footnote *31 Any action, suit or other legal proceeding to which the former Tribunal is a party that is pending in any court immediately before the day on which section 44 comes into force may be continued by or against the new Tribunal in the same manner and to the same extent as it could have been continued by or against the former Tribunal.
Marginal note:Continuation of proceedings
Footnote *32 (1) Proceedings relating to any matter before the former Tribunal on the coming into force of section 44, including any matter that is in the course of being heard by the former Tribunal, shall be continued by the new Tribunal.
Marginal note:Application of provisions
Footnote *(2) Unless the Governor in Council, by order, directs that proceedings continued under this section are to be dealt with in accordance with the provisions of this Act, the proceedings shall be dealt with and determined in accordance with the provisions of the Aeronautics Act as that Act read immediately before the coming into force of section 44.
Marginal note:Directions re proceedings
Footnote *(3) The Governor in Council may, by order, direct that proceedings in respect of any class of matter referred to in subsection (1) in respect of which no decision or order is made on the coming into force of section 44 shall be discontinued or continued by the new Tribunal, as the case may be, on the terms and conditions specified in the order for the protection and preservation of the rights and interests of the parties.
33 to 70 [Amendments]
71 and 72 [Amendments]
Coming into Force
Marginal note:Coming into force
Return to footnote *[Note: Sections 71 and 72 in force on assent December 18, 2001; sections 1 to 45, 52 to 54 and 60 to 70 in force June 30, 2003, see SI/2003-128; sections 55 to 59 in force June 30, 2005, see SI/2005-61; sections 46 to 51 repealed before coming into force, see 2008, c. 20, s. 3.]
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