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

Assented to 2005-11-03

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.