Budget Implementation Act, 2019, No. 1 (S.C. 2019, c. 29)

• 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).

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).

• 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.

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.