C-43 1 37 49-50-51 Elizabeth II 2001-2002

An Act to amend certain Acts and instruments and to repeal the Fisheries Prices Support Act

Fisheries Prices Support Act,

An Act to amend certain Acts and instruments and to repeal the

Amendments 2002 6 13 17 2002 90170

SUMMARY

This enactment amends certain Acts and instruments and repeals the Fisheries Prices Support Act .

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

AMENDMENTS

R.S., c. A-1

Access to Information Act

Schedule I to the Access to Information Act is amended by striking out the following under the heading “Other Government Institutions”:

Fisheries Prices Support Board Office des prix des produits de la pêche

R.S., c. 41 (4th Supp.),

Part I

Atlantic Canada Opportunities Agency Act

Subsection 6(2) of the Atlantic Canada Opportunities Agency Act is replaced by the following:

Agreements with provinces

(2) The Minister may enter into agreements with the government of any province or provinces in Atlantic Canada respecting the carrying out of any program or project of the Agency.

Section 13 of the Act is amended by striking out the word “and” at the end of paragraph (

h) and by adding the following after paragraph ( h ):

( h.1 )

enter into an arrangement with the Enterprise Cape Breton Corporation that allows that corporation, within the limits of its objects and powers as set out in sections 33 and 34 of the Enterprise Cape Breton Corporation Act , to exercise the powers or perform the duties or functions of the Agency under this section, including the power to enter into agreements that commit moneys appropriated by Parliament for the purposes of the Agency; and

Subsection 19(1) of the Act is replaced by the following:

Meetings

(1) The Board shall meet at such times, but at least once in each year, and at such places as the President may select.

R.S., c. C-16

Canadian Film Development Corporation Act

The

long title of the Canadian Film Development Corporation Act is replaced by the following:

An Act establishing Telefilm Canada

Section 1 of the Act is replaced by the following:

Short title

This Act may be cited as the Telefilm Canada Act .

The definition Corporation in

section 2 of the Act is replaced by the following:

Corporation

Société

Corporation means Telefilm Canada, established by

section 3;

Section 3 of the Act and the heading before it are replaced by the following:

CONSTITUTION OF TELEFILM CANADA

Corporation established

There is hereby established a corporation, to be known as Telefilm Canada, consisting of six members to be appointed by the Governor in Council as provided in

section 4 and the Government Film Commissioner appointed under the National Film Act .

(1) Subsection 19(1) of the Act is replaced by the following:

Advance Account for corporation

(1) There shall be established in the accounts of Canada a special account to be known as the Telefilm Canada Advance Account.

(2) Paragraph 19(2)(

b) of the English version of the Act is replaced by the following:

(

b) out of amounts credited to the Telefilm Canada Advance Account under subsection (3),

(3) The portion of subsection 19(3) of the Act before paragraph (

a) is replaced by the following:

Amounts to be credited to Account

(3) The Corporation shall pay to the Receiver General, to be deposited in the Consolidated Revenue Fund and credited to the Telefilm Canada Advance Account, all amounts received by the Corporation as or on account of

Powers, duties and functions

Wherever, under any Act of Parliament, any instrument made under

an Act of Parliament or any contract, lease, licence or other document, a power, duty or function is vested in or exercisable by the Canadian Film Development Corporation, that power, duty or function is vested in or exercisable by Telefilm Canada.

References

Every reference to the Canadian Film Development Corporation in any deed, contract or other document executed by the Canadian Film Development Corporation in its own name shall, unless the context otherwise requires, be read as a reference to Telefilm Canada.

Rights and obligations transferred

All rights and property of the Canadian Film Development Corporation, rights and property held in its name or held in trust for it and all its obligations and liabilities are deemed to be rights, property, obligations and liabilities of Telefilm Canada.

Continuation of legal proceedings

Any legal proceeding to which the Canadian Film Development Corporation is party pending in any court immediately before the day on which this

section comes into force may be continued by or against Telefilm Canada in the same manner and to the same extent as it could have been continued by or against the Canadian Film Development Corporation.

Consequential amendments — other Acts

Unless the context requires otherwise, “Canadian Film Development Corporation” and “the Canadian Film Development Corporation” are replaced by “Telefilm Canada” in every Act of Parliament other than the Telefilm Canada Act , and more particularly in the following provisions:

(

a) Schedule I to the Access to Information Act under the heading “Other Government Institutions”;

(

b) Schedule I to the Federal-Provincial Fiscal Arrangements Act ;

( c )

subsection 85(1) of the Financial Administration Act ;

(

d) Schedule III to the Payments in Lieu of Taxes Act ;

(

e) in the National Film Act ,

(i)

paragraph 4(1)( b ),

(ii)

subsection 4(2), and

(iii)

section 6;

(

f) the

schedule to the Privacy Act under the heading “Other Government Institutions”; and

(

g) Part I of

Schedule I to the Public Service Superannuation Act .

Consequential amendments — regulations

(1) Unless the context requires otherwise, “Canadian Film Development Corporation” and “the Canadian Film Development Corporation” are replaced by “Telefilm Canada” in every regulation, as defined in

section 2 of the Statutory Instruments Act , and more particularly in the following provisions:

(

a) paragraph 2(

c) of the Cinematographic Works (Right to Remuneration) Regulations ;

(

b) paragraph 1(

b) of the Specified Crown Agents (GST/HST) Regulations ;

(

c) paragraph 6(

b) of the Garnishment and Attachment Regulations ;

(

d) Schedule I to the Public Service Superannuation Regulations ; and

(

e) Part II of the

schedule to the Retirement Compensation Arrangements Regulations, No. 2 .

SI/83-113

(2) Item 20 of the

schedule to the Access to Information Heads of Government Institutions Designation Order is amended by replacing “Canadian Film Development Corporation” in column I with “Telefilm Canada” and that item is renumbered as item 98.01 and repositioned accordingly.

SI/83-114

(3) Item 21 of the

schedule to the Privacy Act Heads of Government Institutions Designation Order is amended by replacing “Canadian Film Development Corporation” in column I with “Telefilm Canada” and that item is renumbered as item 104.01 and repositioned accordingly.

R.S., c. F-11

Financial Administration Act

Schedule II to the Financial Administration Act is amended by striking out the following:

Fisheries Prices Support Board Office des prix des produits de la pêche

R.S., c. L-8

Lieutenant Governors Superannuation Act

The definition deferred pension in

section 2 of the Lieutenant Governors Superannuation Act is replaced by the following:

deferred pension

pension différée

deferred pension means a pension that becomes payable to a person at the time he or she reaches sixty years of age;

(1) Subparagraphs 3(1)( a )(

i) and (ii) of the Act are replaced by the following:

(

i) if he or she has reached the age of sixty years or is disabled, to an immediate pension calculated in accordance with subsection (2), or

(ii)

if he or she has not reached the age of sixty years, subject to subsection (3), to

(

A) a deferred pension, calculated in accordance with subsection (2), or

(

B) a return of the total contributions made by him or her under this Part, together with interest, if any, calculated pursuant to subsection (5),

at his or her option; and

(2) Paragraph 3(1)(

b) of the Act is replaced by the following:

(

b) entitled, if he or she becomes disabled not having reached sixty years of age but having become entitled to a deferred pension, to an immediate pension calculated in accordance with subsection (2), in which case he or she ceases to be entitled to a deferred pension referred to in clause ( a )(ii)(A).

R.S., c. N-4

National Capital Act

1995, c. 29, s. 54(2)

Paragraphs 3(4)(

a) to (

e) of the National Capital Act are replaced by the following:

(

a) three, ordinarily resident in the National Capital Region, from local municipalities in Ontario, at least two of whom must be from the city of Ottawa;

(

b) two, ordinarily resident in the National Capital Region, from local municipalities in Quebec, at least one of whom shall be from the

section of the city of Gatineau that is west of the Gatineau River; and

(

c) eight from Canada generally, other than from a city or municipality referred to in either of paragraphs (

a) or ( b ).

The

schedule to the Act is replaced by the

schedule set out in the

schedule to this Act.

R.S., c. N-8

National Film Act

Subsection 13(4) of the National Film Act is repealed.

1997, c. 9

Nuclear Safety and Control Act

Subsection 16(1) of the Nuclear Safety and Control Act is replaced by the following:

Employment of staff

(1) The Commission may, notwithstanding any other Act of Parliament, appoint and employ such professional, scientific, technical or other officers or employees as it considers necessary for the purposes of this Act and may establish the terms and conditions of their employment and, in consultation with the Treasury Board, fix their remuneration.

Subsection 17(1) of the Act is replaced by the following:

Technical assistance

(1) The Commission may enter into contracts for the services of any persons having technical or specialized knowledge of any matter relating to the work of the Commission, to advise and assist the Commission in the exercise or performance of any of its powers, duties or functions under this Act, and those persons shall receive such payment for their services and such expenses as are fixed by the Commission.

R.S., c. M-13

Payments in Lieu of Taxes Act

Schedule III to the Payments in Lieu of Taxes Act is amended by striking out the following:

Fisheries Prices Support Board Office des prix des produits de la pêche

R.S., c. P-21

Privacy Act

The

schedule to the Privacy Act is amended by striking out the following under the heading “Other Government Institutions”:

Fisheries Prices Support Board Office des prix des produits de la pêche

R.S., c. P-35

Public Service Staff Relations Act

The definition employee in subsection 2(1) of the Public Service Staff Relations Act is amended by striking out the word “or” at the end of paragraph ( l ), by adding the word “or” at the end of paragraph (

m) and by adding the following after paragraph ( m ):

(

n) a person who is employed by the Canadian Food Inspection Agency established by the Canadian Food Inspection Agency Act under a program designated by the Agency as a student employment program,

Part I of

Schedule I to the Act is amended by striking out the following:

Fisheries Prices Support Board Office des prix des produits de la pêche

1992, c. 46, Sch. I

Special Retirement Arrangements Act

Subparagraphs 10( a )(

i) to (iii) of the Special Retirement Arrangements Act are replaced by the following:

(

i) who is required to contribute to the Superannuation Account referred to in

section 4 of the Public Service Superannuation Act or to the Public Service Pension Fund as defined in subsection 3(1) of that Act,

(ii)

who is required to contribute to the Canadian Forces Superannuation Account referred to in

section 4 of the Canadian Forces Superannuation Act or to the Canadian Forces Pension Fund as defined in subsection 2(1) of that Act,

(iii)

who is required to contribute to the Royal Canadian Mounted Police Superannuation Account referred to in

section 4 of the Royal Canadian Mounted Police Superannuation Act or to the Royal Canadian Mounted Police Pension Fund as defined in subsection 3(1) of that Act,

(1) Paragraphs 11(1)(

a) to (

c) of the Act are replaced by the following:

(

a) who, on or after that day, is required to contribute to the Superannuation Account referred to in

section 4 of the Public Service Superannuation Act or to the Public Service Pension Fund as defined in subsection 3(1) of that Act and whose annual rate of salary is greater than the annual rate of salary that is fixed by any regulations made under paragraph 42.1(1)(

a) of that Act or is greater than the annual rate that may be determined in the manner prescribed by those regulations;

(

b) who, on or after that day, is required to contribute to the Canadian Forces Superannuation Account referred to in

section 4 of the Canadian Forces Superannuation Act or to the Canadian Forces Pension Fund as defined in subsection 2(1) of that Act and whose annual rate of pay is greater than the annual rate of pay that is fixed by the regulations made under paragraph 50.1(1)(

a) of that Act or is greater than the annual rate that may be determined in the manner prescribed by those regulations;

(

c) who, on or after that day, is required to contribute to the Royal Canadian Mounted Police Superannuation Account referred to in

section 4 of the Royal Canadian Mounted Police Superannuation Act or to the Royal Canadian Mounted Police Pension Fund as defined in subsection 3(1) of that Act and whose annual rate of pay is greater than the annual rate of pay that is fixed by the regulations made under paragraph 26.1(1)(

a) of that Act or is greater than the annual rate that may be determined in the manner prescribed by those regulations;

(2) Paragraphs 11(3)(

a) to (

c) of the Act are replaced by the following:

( a )

paragraph 5(6)(

b) of the Public Service Superannuation Act ;

( b )

subsection 5(6) of the Canadian Forces Superannuation Act ;

( c )

subsection 5(9) of the Royal Canadian Mounted Police Superannuation Act ; or

1993, c. 38

Telecommunications Act

Subsection 73(4) of the Telecommunications Act is replaced by the following:

Consent of Minister required

(4) A prosecution may not be commenced under this

section in respect of a contravention of any provision of

Part I, of

section 17, of

Part IV.1 or of any regulations made under subsection 22(2) or

section 69.4, or in respect of a material misrepresentation of fact or an omission to state a material fact to the Minister, without the consent of the Minister.

1994, c. 35

Yukon First Nations Self-Government Act

Subsection 10(6) of the French version of the Yukon First Nations Self-Government Act is replaced by the following:

Admission d’office

(6) Est admis d’office dans toute procédure le texte législatif — tiré du recueil commun — de la première nation dont le nom figure à l’annexe II.

REPEAL OF THE FISHERIES PRICES SUPPORT ACT

Repeal

Repeal of R.S., c. F-23

The Fisheries Prices Support Act is repealed.

Transitional

Definitions

The following

definitions apply in sections 34 to 36.

Board

Office

Board means the Fisheries Prices Support Board, established under subsection 3(1) of the Fisheries Prices Support Act .

Her Majesty

Sa Majesté

Her Majesty means Her Majesty in right of Canada.

Minister

ministre

Minister means the Minister of Fisheries and Oceans.

Board dissolved

The Board is hereby dissolved.

Rights and obligations transferred

(1) All rights and property held by or in the name of or in trust for the Board and all obligations and liabilities of the Board are deemed to be rights, property, obligations and liabilities of Her Majesty.

References

(2) Every reference to the Board in any deed, contract or other document executed by the Board in its own name shall, unless the context otherwise requires, be read as a reference to Her Majesty.

Closing out affairs

(3) The Minister may perform and do all acts and things necessary for and incidental to closing out the affairs of the Board.

Commencement of legal proceedings

(1) Any action, suit or other legal proceeding in respect of any obligation or liability incurred by the Board, or by the Minister in closing out the affairs of the Board, may be brought against Her Majesty in any court that would have had jurisdiction if the action, suit or proceeding had been brought against the Board.

Commencement of legal proceedings

(2) Any action, suit or other legal proceeding in respect of any right of the Board, or any right acquired by the Minister in closing out the affairs of the Board, may be brought by Her Majesty in any court that would have had jurisdiction if the action, suit or proceeding had been brought by the Board.

Continuation of legal proceedings

(3) Any action, suit or other legal proceeding to which the Board is a party pending in any court on the coming into force of this

section may be continued by or against Her Majesty in the like manner and to the same extent as it could have been continued by or against the Board.

COMING INTO FORCE

Order in council

The provisions of this Act, and the provisions of any Act as enacted by this Act, come into force on a day or days to be fixed by order of the Governor in Council.

Amendments —

Schedule

SCHEDULE (Section 20)

SCHEDULE (Section 2)

DESCRIPTION OF NATIONAL CAPITAL REGION

A territory composed of part of the provinces of Ontario and Quebec, and comprising part of the Township of Beckwith and part of the Town of Mississippi Mills in the County of Lanark, part of the Township of Russell in the United Counties of Prescott and Russell, and part of the City of Ottawa, all in the Province of Ontario; the whole of the Municipalities of Cantley, Chelsea and Pontiac and part of the Municipalities of l’Ange-Gardien, La Pêche, Notre-Dame-de-la-Salette and Val-des-Monts in the Municipalité régionale de comté des Collines-de-l’Outaouais, and part of the City of Gatineau, all in the Province of Quebec, and including with reference to the cadastres of the Province of Quebec, the lots or part of lots, blocks or part of blocks, their present or future subdivisions, as well as highways, railway right-of-ways, islands, watercourses or parts thereof; the whole confined within the boundaries described as follows: Commencing at a point on the south shore of the Ottawa River where it is intersected by the boundary between the geographic Township of McNab and the geographic Township of Fitzroy; thence southwesterly along the said boundary to the line between the northeast and southwest halves of the Lots in Concession II, geographic Township of Fitzroy; thence southeasterly along the last-mentioned line to the line between Lots 21 and 22, Concession II, geographic Township of Fitzroy; thence southwesterly along the last-mentioned line and along the line between Lots 21 and 22, Concession I, geographic Township of Fitzroy, to the boundary between the said geographic Township of Fitzroy and the geographic Township of Pakenham; thence southeasterly along the last-mentioned boundary to the line between Lots 21 and 22, Concession XII, geographic Township of Pakenham; thence southwesterly along the last-mentioned line to the line between the northeast and southwest halves of the Lots in Concession XII, geographic Township of Pakenham; thence southeasterly along the last-mentioned line to the line between Lots 16 and 17, Concession XII, geographic Township of Pakenham; thence southwesterly along the last-mentioned line and along the line between Lots 16 and 17, Concession XI, to the line between the northeast and southwest halves of the Lots in Concession XI, geographic Township of Pakenham; thence southeasterly along the last-mentioned line to the line between Lots 13 and 14, Concession XI, geographic Township of Pakenham; thence southwesterly along the last-mentioned line and along the lines between Lots 13 and 14, Concessions X and IX, to the line between the northeast and southwest halves of the Lots in Concession IX, geographic Township of Pakenham; thence southeasterly along the last-mentioned line to the line between Lots 7 and 8, Concession IX, geographic Township of Pakenham; thence southwesterly along the last-mentioned line and along the line between Lots 7 and 8, Concession VIII, to the line between the northeast and southwest halves of the Lots in Concession VIII, geographic Township of Pakenham; thence southeasterly along the last-mentioned line to the boundary between the geographic Townships of Pakenham and Ramsay; thence southwesterly along the last-mentioned boundary to the road between Concessions VII and VIII, geographic Township of Ramsay; thence southeasterly along the said road to the side road between Lots 20 and 21, Concession VIII, geographic Township of Ramsay; thence northeasterly along the said side road to the line between the northeast and southwest halves of the Lots in Concession VIII, geographic Township of Ramsay; thence southeasterly along the last-mentioned line to the boundary between the geographic Townships of Ramsay and Beckwith; thence southwesterly along the last-mentioned boundary to the line between Lots 16 and 17, Concession XII, geographic Township of Beckwith; thence southeasterly along the last-mentioned line and along the line between Lots 16 and 17, Concession XI, geographic Township of Beckwith, to the northwesterly limit of the right-of-way of Canadian Pacific Limited; thence northeasterly along the last-mentioned limit to the boundary between the geographic Township of Beckwith and the geographic Township of Goulbourn; thence southeasterly along the last-mentioned boundary to the boundary between the geographic Townships of Goulbourn and Marlborough; thence northeasterly along the last-mentioned boundary to the boundary between the geographic Townships of Marlborough and North Gower; thence southeasterly along the last-mentioned boundary to the road between Lots 35 and 36, Concession IV, geographic Township of North Gower; thence easterly along the road between Lots 35 and 36 in Concessions IV, III and II and continuing easterly along the production of the said road to the easterly boundary of the geographic Township of North Gower, being the centre line of the Rideau River; thence northerly following the centre line of the Rideau River to the west boundary of the geographic Township of Osgoode; thence southerly along the last-mentioned boundary to the road between Lots 35 and 36 in the Broken Front Concession, geographic Township of Osgoode; thence easterly along the road between Lots 35 and 36 in the Broken Front and First Concessions and between Lots 34 and 35 in the Second Concession, and between Lots 35 and 36 in Concessions III, IV, V, VI, VII, VIII, IX, X and XI, geographic Township of Osgoode, and continuing along the road between Lots 5 and 6 in Concessions I, II, III, IV, V, VI, VII and VIII in the geographic Township of Russell to the road between Concessions VIII and IX of the said geographic Township of Russell; thence northerly along the last-mentioned road to the boundary between the geographic Townships of Russell and Cumberland; thence easterly along the last-mentioned boundary to the projected road between Concessions III and IV, geographic Township of Cumberland; thence northerly along the last-mentioned road tothe line between Lots 1 and 2, Concession III, geographic Township of Cumberland; thence easterly along the last-mentioned line to the west boundary of Lot 10 in the Second Concession from the Ottawa River, sometimes called “The Old Survey”, in the geographic Township of Cumberland; thence northerly along the said west boundary of Lot 10 in the Second Concession from the Ottawa River and along the west boundary of Lot 10 in the First Concession from the Ottawa River to the southerly shore of the Ottawa River; thence northerly across the said Ottawa River to the point on the northerly shore where it is intersected by the line between Lots 7 and 8, Range I, Township of Buckingham, in the Province of Quebec; thence northerly along the lines between Lots 7 and 8, Ranges I, II, III, IV, V, VI, VII, VIII, IX, X, XI and XII, Township of Buckingham, to the boundary between the Township of Buckingham and the Township of Derry; thence westerly along the last-mentioned boundary to the boundary between the Townships of Derry and Portland East; thence northerly along the last-mentioned boundary to the range line between Ranges III and IV of the said Township of Portland East; thence westerly along the last-mentioned range line to the boundary between the Townships of Portland East and Portland West; thence northerly along the last-mentioned boundary to the range line between Ranges IV and V of the said Township of Portland West; thence westerly along the last-mentioned range line to the easterly boundary of Lot 7, Range V, Township of Portland West; thence northerly along the last-mentioned boundary to the range line between Ranges V and VI, Township of Portland West; thence westerly along the last-mentioned range line to the easterly boundary of Lot 7, Range VI, Township of Portland West; thence northerly along the last-mentioned boundary to the range line between Ranges VI and VII, Township of Portland West; thence westerly along the last-mentioned range line to the easterly boundary of Lot 7, Range VII, Township of Portland West; thence northerly along the last-mentioned boundary to the range line between Ranges VII and VIII, Township of Portland West; thence westerly along the last-mentioned range line to the easterly boundary of Lot 7, Range VIII, Township of Portland West; thence northerly along the last-mentioned boundary to the range line between Ranges VIII and IX, Township of Portland West; thence westerly along the last-mentioned range line to the boundary between the Townships of Portland West and Denholm; thence southerly along the last-mentioned boundary to the boundary between the Townships of Denholm and Wakefield; thence westerly along the last-mentioned boundary to the line between Lots 25 and 26, Range XI, of the said Township of Wakefield; thence southerly along the lines between Lots 25 and 26, Ranges XI, X, IX, VIII, VII, VI and V, Township of Wakefield, to the range line between Ranges IV and V, Township of Wakefield; thence westerly along the last-mentioned range line to the line between Lots 4 and 5, Range V, Township of Wakefield; thence northerly along the lines between Lots 4 and 5, Ranges V, VI and VII, Township of Wakefield, to the range line between Ranges VII and VIII, Township of Wakefield; thence westerly along the last-mentioned range line to the boundary between the Townships of Wakefield and Masham; thence northerly along the last-mentioned boundary to the range line between Ranges VII and VIII, of the said Township of Masham; thence westerly along the last-mentioned range line to the boundary between the Townships of Masham and Aldfield; thence northerly along the last-mentioned boundary to the range line between Ranges II and III, of the said Township of Aldfield; thence westerly along the last-mentioned range line to the easterly boundary of the east range of the said Township of Aldfield; thence along the said easterly boundary of the east range of the Township of Aldfield to the line between Lots 14 and 15 of the said east range of the Township of Aldfield; thence westerly along the lines between Lots 14 and 15, east range and west range, Township of Aldfield to the westerly boundary of the west range of the said Township of Aldfield; thence southerly along the said westerly boundary to the range line between Ranges I and II of the said Township of Aldfield; thence westerly along the last-mentioned range line to the boundary between the Township of Aldfield and the Township of Thorne; thence southerly along the last-mentioned boundary and continuing along the boundary between the Township of Onslow and the Township of Bristol and its projection onto the Ottawa River to the boundary line between the Province of Quebec and the Province of Ontario; thence southwesterly across the Ottawa River to the point of commencement; containing an area of four thousand seven hundred and fifteen square kilometres, more or less (±4715 km2).