Budget Implementation Act, 2019, No. 1 (S.C. 2019, c. 29)
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Assented to 2019-06-21
PART 4Various Measures (continued)
DIVISION 9Regulatory Modernization (continued)
SUBDIVISION HR.S., c. 24 (3rd Supp.), Part IIIHazardous Materials Information Review Act (continued)
Marginal note:2007, c. 7, s. 8; 2012, c. 31, s. 280(1) and par. 282(e)
202 (1) Paragraphs 48(1)(b) to (d) of the Act are repealed.
Marginal note:2012, c. 31, s. 280(2)
(2) Subsection 48(2) of the Act is replaced by the following:
Marginal note:Regulations prescribing fees
(2) The Governor in Council may, on the recommendation of the Minister, make regulations prescribing fees or the manner of calculating fees to be paid under this Act and respecting the rounding of those fees.
203 The Act is amended by adding the following after section 48:
Marginal note:Statutory Instruments Act
48.1 The Statutory Instruments Act does not apply to an order made under section 14 or 18.
204 Subsection 49(3) of the Act is replaced by the following:
Marginal note:Limitation period
(3) Proceedings by way of summary conviction in respect of an offence under paragraph (1)(a) may be instituted at any time within but not later than two years after the time when the subject-matter of the proceedings arose.
Marginal note:2012, c. 31, s. 281
205 Section 50 of the Act and the heading before it are repealed.
Transitional Provisions
Marginal note:Definitions
206 The following definitions apply in sections 207 to 210.
- affected party
affected party has the meaning assigned by subsection 10(1) of the Hazardous Materials Information Review Act as that subsection read immediately before the day on which subsection 198(1) of this Act comes into force. (partie touchée)
- Chief Screening Officer
Chief Screening Officer has the meaning assigned by subsection 10(1) of the Hazardous Materials Information Review Act as that subsection read immediately before the day on which subsection 198(1) of this Act comes into force. (agent de contrôle en chef)
- commencement day
commencement day means the day on which section 201 comes into force. (date de référence)
Marginal note:Pending claims for exemption
207 A claim for exemption under the Hazardous Materials Information Review Act that, immediately before the commencement day, was pending before the Chief Screening Officer or before a screening officer assigned under paragraph 12(1)(b) of that Act, as that paragraph read immediately before the commencement day, to review the claim and the safety data sheet or label to which it relates is to be taken up before the Minister of Health and continued in accordance with that Act as it reads on that day.
Marginal note:Appeals
208 An appeal that was filed, before the commencement day, in accordance with section 20 of the Hazardous Materials Information Review Act, as that section read immediately before the commencement day, is continued in accordance with sections 20 to 27 and 43 and 44 of that Act as those sections read immediately before that day.
Marginal note:Liability
209 Section 50 of the Hazardous Materials Information Review Act, as that section read immediately before the day on which section 205 of this Act comes into force, continues to apply to members of an appeal board who are exercising their powers or performing their duties or functions in relation to an appeal that is continued under section 208 of this Act.
Marginal note:Representations
210 If, before the commencement day, a notice was published in the Canada Gazette in accordance with paragraph 12(1)(a) of the Hazardous Materials Information Review Act, as that paragraph read immediately before that day, and section 201 of this Act comes into force before the end of the period specified in the notice, an affected party that wishes to make written representations with respect to the claim for exemption in question and the safety data sheet or label to which it relates may, within the period specified in the notice but on or after the commencement day, make those representations to the Minister of Health.
Coordinating Amendments
Marginal note:2017, c. 20, s. 395
211 (1) If section 201 of this Act comes into force before section 395 of the Budget Implementation Act, 2017, No. 1, then that section 395 is repealed.
(2) If section 201 of this Act and section 395 of the Budget Implementation Act, 2017, No. 1 come into force on the same day, then that section 395 is deemed to have come into force before that section 201.
Marginal note:2018, c. 27, s. 624
212 (1) If section 201 of this Act comes into force before section 624 of the Budget Implementation Act, 2018, No. 2, then that section 624 is repealed.
(2) If section 201 of this Act and section 624 of the Budget Implementation Act, 2018, No. 2 come into force on the same day, then that section 624 is deemed to have come into force before that section 201.
Coming into Force
Marginal note:Order in council
213 The provisions of this Subdivision, other than sections 206 to 212, come into force on a day or days to be fixed by order of the Governor in Council.
SUBDIVISION I1996, c. 10Canada Transportation Act
Amendments to the Act
214 The Canada Transportation Act is amended by adding the following after section 6.1:
Electronic Administration and Enforcement
Marginal note:Electronic means
6.2 (1) If the Minister administers or enforces an Act of Parliament, the Minister may do so using electronic means.
Marginal note:Designated persons
(2) For greater certainty, any person or class of persons who are designated by the Minister under an Act of Parliament for the purposes of the administration and enforcement of that Act may, in the exercise of their powers or the performance of their duties and functions, use the electronic means that are made available or specified by the Minister.
Marginal note:Delegate
(3) For greater certainty, a person who has been authorized by the Minister to do anything that may be done by the Minister under an Act of Parliament, may do so using the electronic means that are made available or specified by the Minister.
Marginal note:Provision of information
6.3 For the purposes of sections 6.4 and 6.5, providing information includes
(a) making an application, request or decision;
(b) giving notice; and
(c) submitting a document.
Marginal note:Conditions for electronic version
6.4 For the purposes of an Act of Parliament that the Minister administers or enforces, a requirement under that Act to provide a signature or to provide information in a paper-based format is met if
(a) an electronic version of the signature or information is provided by electronic means that are made available or specified by the Minister; and
(b) any other condition that is provided for in regulations made under paragraph 6.5(a) is met.
Marginal note:Regulations
6.5 The Governor in Council may make regulations
(a) respecting the application of sections 6.2 and 6.4, including the technology or format to be used, or the standards, specifications or processes to be followed, including for the making or verifying of an electronic signature and the manner in which it is to be used;
(b) setting out the circumstances in which a person who must provide a signature or information under an Act that the Minister administers or enforces is required to do so using electronic means and specifying those means;
(c) authorizing the Minister to permit or direct the use of electronic means, other than those referred to in paragraph (b), or non-electronic means and setting out the circumstances in which the Minister may do so; and
(d) respecting the date and time when, and the place where, the electronic version of information is deemed to be sent or received.
215 The Act is amended by adding the following after section 6.5:
Exemptions
Marginal note:Application
6.6 (1) A person may, in the form and manner specified by the Minister, apply to the Minister for an order that exempts any person or thing, or class of persons or things, from the application of any provision of an Act of Parliament that the Minister administers or enforces or any provision of an instrument made under that Act.
Marginal note:Information
(2) The Minister may, on receiving the application, require the provision of any information that is necessary for the Minister to process and assess the application.
Marginal note:Debts to Her Majesty
(3) The Minister may refuse to process or assess the application if the applicant has not paid an amount that, under an Act of Parliament that the Minister administers or enforces, constitutes a debt due to Her Majesty in right of Canada.
Marginal note:Order
6.7 (1) The Minister may, by order, exempt, for a period of not more than five years and subject to any conditions that the Minister considers appropriate, any person or thing, or class of persons or things, from the application of any provision of an Act of Parliament that the Minister administers or enforces or any provision of an instrument made under that Act, if the Minister is of the opinion that the exemption, having regard to the purposes of that Act, is in the public interest and that the exemption promotes innovation in transportation through research, development or testing.
Marginal note:Extension
(2) The Minister may, by order, extend the period of an exemption once, for a further period of not more than five years, subject to any conditions that the Minister considers appropriate.
Marginal note:Statutory Instruments Act
(3) The Statutory Instruments Act does not apply to an order made under this section that applies to a single person or thing.
Marginal note:Accessibility
(4) The Minister shall ensure that an order referred to in subsection (3) is accessible to the public unless the Minister is of the opinion that it would be inappropriate for reasons that include safety or security considerations or the protection of confidential or personal information.
Marginal note:Exemptions under other Act
(5) For greater certainty, the making of an order under subsection (1) does not preclude or limit the exercise of a power to exempt under an Act of Parliament that is administered or enforced by the Minister and vice versa.
Marginal note:Cost recovery
6.8 The Minister may recover any costs associated with the processing and assessing of an application under section 6.6 and may refuse to make the order requested until those costs are recovered from the applicant.
Coming into Force
Marginal note:Order in council
216 Section 215 comes into force on a day to be fixed by order of the Governor in Council.
SUBDIVISION J2002, c. 28Pest Control Products Act
217 Section 17 of the Pest Control Products Act is amended by adding the following after subsection (5):
Marginal note:Scope of special review
(6) For the purposes of this section, the Minister shall initiate a special review only in relation to the aspect of the pest control product that prompted the special review.
Marginal note:Addition of aspect
(7) If the Minister has initiated a re-evaluation of, or a special review in relation to, a pest control product, the Minister may, at any time before the decision statement is made public under subsection 28(5), expand the scope of the re-evaluation or special review to include any aspect of the product that would otherwise prompt a new special review under subsection (1), (2) or (3).
Marginal note:New or amended consultation statement
(8) If the Minister expands the scope of a re-evaluation or special review under subsection (7) after the consultation statement relating to the re-evaluation or special review has been made public under subsection 28(2), the Minister shall make public a new or amended consultation statement under that subsection that takes into account the aspect referred to in subsection (7).
218 The Act is amended by adding the following after section 17:
Marginal note:Discretion of Minister — aspect already covered
17.1 (1) Despite section 17, the Minister may decide not to initiate a special review in relation to a pest control product if a re-evaluation of, or a special review in relation to, the product has already been initiated that includes the aspect of the product that would otherwise prompt a special review.
Marginal note:Discretion of Minister — previous decision statement
(2) Despite subsection 17(2), the Minister may decide not to initiate a special review of a registered pest control product under that subsection if
(a) the Minister made public under subsection 28(5) a decision statement respecting a re-evaluation of, or a special review in relation to, that product;
(b) the aspect of the product that would otherwise prompt a special review was addressed by the re-evaluation or special review referred to in paragraph (a); and
(c) the Minister determines that there is no additional information in relation to the health or environmental risks of the product that provides the Minister with reasonable grounds to believe that those risks are unacceptable.
Marginal note:Duty to make decisions public
17.2 The Minister shall make public each of the following decisions and the reasons for it:
(a) a decision made under subsection 17(7) to expand the scope of a re-evaluation or special review to include an aspect that would otherwise prompt a new special review under subsection 17(2);
(b) a decision made under subsection 17.1(1) or (2) not to initiate a special review in relation to an aspect that would otherwise prompt such a review under subsection 17(2).
219 Subsection 18(4) of the Act is replaced by the following:
Marginal note:Evaluation of pest control product
(4) After the special review is initiated, the Minister shall, in accordance with the regulations, if any, evaluate only the aspects of the pest control product that are within the scope of the special review and shall carry out the consultations required by section 28.
SUBDIVISION K2005, c. 20Quarantine Act
220 Sections 62.1 and 62.2 of the Quarantine Act are repealed.
SUBDIVISION L2009, c. 24Human Pathogens and Toxins Act
221 Sections 66.1 and 66.2 of the Human Pathogens and Toxins Act are repealed.
DIVISION 10R.S., c. R-10Royal Canadian Mounted Police Act
Amendments to the Act
222 The Royal Canadian Mounted Police Act is amended by adding the following after section 45.173:
PART VManagement Advisory Board
Marginal note:Establishment
45.18 (1) The Management Advisory Board is established.
Marginal note:Mandate
(2) The mandate of the Management Advisory Board is to provide the Commissioner — on its own initiative or at the Commissioner’s request — with advice, information and reports on the administration and management of the Force, including with respect to
(a) the development and implementation of transformation and modernization plans;
(b) the effective and efficient use of resources;
(c) the actions to be taken to reduce corporate risks;
(d) the development and implementation of policies and management controls that support the operation of the Force;
(e) the development and implementation of corporate and strategic plans; and
(f) the development and implementation of operating and capital budgets.
Marginal note:Consideration
(2.1) In carrying out its mandate, the Management Advisory Board shall consider the impact of its advice on women, men and gender-diverse people by taking into account the intersection of sex and gender with other identity factors.
Marginal note:Copy or summary to Minister
(3) The Management Advisory Board may provide the Minister with a copy or a summary of any advice, information or report that it provides to the Commissioner.
Marginal note:Appointment of members
45.19 (1) The Management Advisory Board is to consist of not more than 13 members to be appointed by the Governor in Council on the recommendation of the Minister.
Marginal note:Consultation
(2) Before making a recommendation to the Governor in Council with respect to an appointment, the Minister may consult with any government with which the Minister has entered into an arrangement under subsection 20(1).
Marginal note:Factors to be considered
(2.1) When recommending members, the Minister shall consider the importance of having a Management Advisory Board that is representative of the diversity of Canadian society and that is comprised of members who have the experience and the capacity required to carry out the Board’s mandate.
Marginal note:Tenure
(3) The members are to be appointed to hold office on a part-time basis during pleasure for a renewable term of not more than four years that will ensure, as far as possible, the expiry in any one year of the terms of office of not more than one half of the members.
Marginal note:Chairperson and Vice-chairperson
(4) The Governor in Council shall designate, from among the members of the Management Advisory Board, one person to be the Chairperson and another person to be the Vice-chairperson.
Marginal note:Absence of Chairperson
(5) If the Chairperson is absent or unable to act or if the office of Chairperson is vacant, the Vice-chairperson is to act as Chairperson, but he or she is not entitled to act for a period of more than 90 days without the Governor in Council’s approval.
Marginal note:Absence of Chairperson and Vice-chairperson
(6) If the Chairperson and the Vice-chairperson are absent or unable to act or if those offices are vacant, the Minister may designate a member of the Management Advisory Board to act as Chairperson, but no member so designated is entitled to act for a period of more than 90 days without the Governor in Council’s approval.
Marginal note:Security clearance
(7) Every member of the Management Advisory Board shall obtain and maintain the necessary security clearance from the Government of Canada.
Marginal note:Ineligibility
(8) A person is not eligible to be appointed or to continue as a member of the Management Advisory Board if the person
(a) is a member or other person appointed or employed under the authority of Part I;
(b) is not a Canadian citizen or a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act;
(c) is a public office holder as defined in subsection 2(1) of the Conflict of Interest Act, unless the person is a public office holder only by virtue of their appointment as a member of the Management Advisory Board;
(d) is employed on a full-time basis in the federal public administration or by a provincial or municipal authority; or
(e) is a member of the Senate, the House of Commons, the legislature of a province or a municipal council or is on the staff of such a member.
Marginal note:Remuneration
(9) The members of the Management Advisory Board are to be paid the remuneration that is fixed by the Governor in Council.
Marginal note:Travel and living expenses
(10) The members of the Management Advisory Board are entitled to be reimbursed, in accordance with Treasury Board directives, for the travel and living expenses incurred in connection with their work for the Board while absent from their ordinary place of residence.
Marginal note:Federal public administration
(11) The members of the Management Advisory Board are deemed to be employed in the federal public administration for the purposes of the Government Employees Compensation Act and any regulations made under section 9 of the Aeronautics Act.
Marginal note:Meetings
45.2 (1) The Chairperson may determine the dates, times and places at which the Management Advisory Board will meet, but it must meet at least once in each fiscal quarter of each fiscal year.
Marginal note:Quarterly meetings in person
(2) One meeting in each fiscal quarter of each fiscal year must be in person.
Marginal note:Off-site participation
(3) Except for the meetings referred to in subsection (2), a meeting of the Management Advisory Board may be held by any means of telecommunication that permits all persons who are participating to communicate adequately with each other. A person who is participating by such means is deemed to be present at the meeting.
Marginal note:Participation of Deputy Minister and Commissioner
(4) The Deputy Minister of Public Safety and Emergency Preparedness and the Commissioner, or a delegate of each of them, are to receive notice of all meetings of the Management Advisory Board and may attend and take part in, but not vote at, those meetings.
Marginal note:Administrative matters
45.21 The Management Advisory Board may
(a) set its own priorities and develop its own work plans;
(b) establish procedures governing the carrying out of its work; and
(c) determine the quorum for its meetings.
Marginal note:Right of access to information
45.22 (1) Subject to subsection (2), the Commissioner shall, at the request of the Management Advisory Board, provide it with timely access to any information under the control, or in the possession, of the Force that the Board considers is necessary to enable it to carry out its mandate.
Marginal note:Exception
(2) The Management Advisory Board shall not have access to information under the control, or in the possession, of the Force if
(a) the provision of access to the Board might compromise or hinder the investigation or prosecution of any offence;
(b) the information reveals personal information; or
(c) the information constitutes a confidence of the Queen’s Privy Council for Canada, as defined in subsection 39(2) of the Canada Evidence Act.
Marginal note:No waiver
45.23 For greater certainty, the provision of access by the Commissioner to the Management Advisory Board of any information that is subject to a privilege under the law of evidence, solicitor-client privilege or the professional secrecy of advocates and notaries or to litigation privilege does not constitute a waiver of any of those privileges or that secrecy.
Marginal note:Statistical and analytical reports
45.24 The Commissioner shall, at the request of the Management Advisory Board, based on information under the control, or in the possession, of the Force, prepare and provide to the Board any statistical or analytical reports that the Board considers necessary to enable it to carry out its mandate.
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