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

Short Title

Marginal note:Short title

1 This Act may be cited as the Canada Border Services Agency Act.

Interpretation

Marginal note:Definitions

2 The following definitions apply in this Act.

Agency

Agency means the Canada Border Services Agency established under subsection 3(1). (Agence)

Minister

Minister means the Minister of Public Safety and Emergency Preparedness. (ministre)

President

President means the President of the Agency appointed under subsection 7(1). (président)

program legislation

program legislation means any other Act of Parliament or any instrument made under it, or any part of such an Act or instrument,

• (a) that the Governor in Council or Parliament authorizes the Minister, the Agency, the President or an employee of the Agency to administer and enforce, including the Excise Act, the Special Import Measures Act, the Customs Act, the Customs Tariff, the Immigration and Refugee Protection Act, the Excise Act, 2001 and the Select Luxury Items Tax Act;

• (b) that the Governor in Council or Parliament authorizes the Minister, the Agency, the President or an employee of the Agency to enforce, including the Agriculture and Agri-Food Administrative Monetary Penalties Act, the Feeds Act, the Fertilizers Act, the Health of Animals Act, the Plant Protection Act, the Safe Food for Canadians Act and the Seeds Act;

• (c) under which the Minister or another minister authorizes the Agency, the President or an employee of the Agency to administer a program or carry out an activity; or

• (d) under which duties or taxes collected and paid pursuant to the Customs Act are imposed. (législation frontalière)

Establishment and Mandate of the Agency

Marginal note:Agency established

• 3 (1) The Canada Border Services Agency is established as a body corporate.

• Marginal note:Agent of Her Majesty

  (2) The Agency is for all purposes an agent of Her Majesty in right of Canada.

Marginal note:Head office

4 The head office of the Agency is to be in the National Capital Region described in the schedule to the National Capital Act.

Marginal note:Mandate of Agency

• 5 (1) The Agency is responsible for providing integrated border services that support national security and public safety priorities and facilitate the free flow of persons and goods, including animals and plants, that meet all requirements under the program legislation, by

  • (a) supporting the administration or enforcement, or both, as the case may be, of the program legislation;

  • (b) implementing agreements between the Government of Canada or the Agency and a foreign state or a public body performing a function of government in a foreign state to carry out an activity, provide a service or administer a tax or program;

  • (c) implementing agreements between the Government of Canada or the Agency and the government of a province or other public body performing a function of the Government in Canada to carry out an activity, provide a service or administer a tax or program;

  • (d) implementing agreements or arrangements between the Agency and departments or agencies of the Government of Canada to carry out an activity, provide a service or administer a program; and

  • (e) providing cooperation and support, including advice and information, to other departments and agencies of the Government of Canada to assist them in developing, evaluating and implementing policies and decisions in relation to program legislation for which they have responsibility.

• Marginal note:Support

  (2) The Agency may provide support, through the provision of services, to departments and agencies for which the Minister is responsible, in accordance with agreements or arrangements entered into with those departments and agencies.

Minister

Marginal note:Minister responsible

• 6 (1) The Minister is responsible for the Agency.

• Marginal note:Delegation by Minister

  (2) The Minister may delegate to any person any power, duty or function conferred on the Minister under this Act or under the program legislation.

• Marginal note:Exception

  (3) Subsection (2) does not apply if an Act of Parliament other than this Act authorizes the Minister to delegate the power, duty or function to any person or authorizes any person to exercise or perform it.

• Marginal note:Limitation

  (4) Subsection (2) does not apply in respect of a power to make regulations.

President and Executive Vice-president

Marginal note:Appointment

• 7 (1) The Governor in Council shall appoint a President of the Agency to hold office during pleasure for a term of not more than five years, which term may be renewed for one or more further terms.

• Marginal note:Executive Vice-president

  (2) The Governor in Council may appoint an Executive Vice-president of the Agency to hold office during pleasure for a term of not more than five years, which term may be renewed for one or more further terms.

Marginal note:Role of President

• 8 (1) The President, under the direction of the Minister, has the control and management of the Agency and all matters connected with it.

• Marginal note:Rank of deputy head

  (2) The President has the rank and all the powers of a deputy head of a department.

• Marginal note:Executive Vice-president’s powers

  (3) The Executive Vice-president shall exercise the powers and perform the duties and functions that the President may assign and shall act as President if that office is vacant or if the President is absent or incapacitated.

Marginal note:Delegation by President

• 9 (1) The President may delegate to any person any power, duty or function that the President is authorized to exercise or perform under this Act or any other enactment.

• Marginal note:Designation of officers

  (2) The President may designate any person, or person within a class of persons,

  • (a) as an officer as defined in subsection 2(1) of the Customs Act to exercise any powers or perform any duties and functions of an officer under that Act that the President may specify; or

  • (b) as an inspector or a veterinary inspector or other officer for the enforcement of any Act or instrument made under it, or any part of an Act or instrument, that the Governor in Council or Parliament authorizes the Minister, the Agency, the President or an employee of the Agency to enforce, including the Agriculture and Agri-Food Administrative Monetary Penalties Act, the Feeds Act, the Fertilizers Act, the Health of Animals Act, the Plant Protection Act, the Safe Food for Canadians Act and the Seeds Act.

• Marginal note:Designation power

  (3) The President may exercise any power that the Minister has to designate officers under subsection 6(1) of the Immigration and Refugee Protection Act.

Marginal note:Remuneration

• 10 (1) The President and the Executive Vice-president shall be paid the remuneration that is fixed by the Governor in Council.

• Marginal note:Expenses

  (2) The President and the Executive Vice-president are entitled to be paid reasonable travel and living expenses incurred by them in the course of performing their duties while absent from their ordinary place of work.

• Marginal note:Deemed employment

  (3) The President and the Executive Vice-president are deemed to be employed in the public service for the purposes of the Public Service Superannuation Act and 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.

Human Resources

Marginal note:Officers and employees

11 Officers and employees necessary for the proper conduct of the work of the Agency shall be appointed in accordance with the Public Service Employment Act.

Powers of the Agency

Marginal note:Exercise of powers conferred on Minister

• 12 (1) Subject to any direction given by the Minister, the Agency may exercise the powers, and shall perform the duties and functions, that relate to the program legislation and that are conferred on, or delegated, assigned or transferred to, the Minister under any Act or regulation.

• Marginal note:Officers and employees

  (2) An officer or employee of the Agency may exercise any power or perform any duty or function referred to in subsection (1) if the officer or employee is appointed to serve in the Agency in a capacity appropriate to the exercise of the power or the performance of the duty or function, and, in so doing, shall comply with any general or special direction given by the Minister.

• Marginal note:Exception

  (3) Subsection (1) does not include

  • (a) any power, duty or function of the Minister under this Act; or

  • (b) a power to make regulations.

• Marginal note:Non-application of Statutory Instruments Act

  (4) A direction given by the Minister under subsection (1) or (2) is not a statutory instrument for the purposes of the Statutory Instruments Act.

Marginal note:Agreements

• 13 (1) Subject to sections 38 and 38.1 of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act, the Agency may, with the approval of the Governor in Council, on the recommendation of the Minister and the Minister of Foreign Affairs, enter into an agreement with a foreign state or an international organization, for the purposes of carrying out the mandate of the Agency.

• Marginal note:Arrangements and agreements

  (2) The Agency may, for the purposes of carrying out its mandate,

  • (a) enter into an arrangement with a foreign state or an international organization; or

  • (b) enter into an agreement or arrangement with the government of a province, a department or agency of the Government of Canada or any person or organization.

Marginal note:Agreements to administer a tax

• 14 (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

15 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

• 15.1 (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

16 The following definitions apply in sections 17 to 19 and 21 to 28.

former agency

former agency means the portion of the federal public administration known as the Canada Border Services Agency. (ancienne agence)

new agency

new agency means the Canada Border Services Agency established under subsection 3(1). (nouvelle agence)

order P.C. 2003-2064

order P.C. 2003-2064 means Order in Council P.C. 2003-2064 of December 12, 2003, registered as SI/2003-216. (décret C.P. 2003-2064)

Former Agency

Marginal note:President and Executive Vice-president

• 17 (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.