Administrative Tribunals Support Service of Canada Act

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Sections106

• 1Short title

  This Act may be cited as the Administrative Tribunals Support Service of Canada Act.

• 2Definitions

  The following definitions apply in this Act.

• 2[p2]

  administrative tribunal means a body referred to in Schedule 1 or 2. (tribunal administratif)

• 2[p3]

  Chief Administrator means the person appointed under subsection 5(1). (administrateur en chef)

• 2[p4]

  Minister means the Minister of Justice. (ministre)

• 2[p5]

  Service means the Administrative Tribunals Support Service of Canada established by section 3. (Service)

• 2[p6]

  territorial body means a body established under an Act of the legislature of a territory. (organisme territorial)

• 3Establishment of Service

  The Administrative Tribunals Support Service of Canada, consisting of the Chief Administrator and employees of the Service, is established as a portion of the federal public administration.

• 4Principal office
• 4(1)

  The principal office of the Service is to be in the National Capital Region described in the schedule to the National Capital Act.

• 4(2)Other offices

  The Chief Administrator may establish other offices of the Service elsewhere in Canada.

• 5Appointment
• 5(1)

  The Chief Administrator is to be appointed by the Governor in Council to hold office during pleasure for a term of up to five years.

• 5(2)Re-appointment

  The Chief Administrator is eligible for re-appointment at the end of each term of office.

• 6Status of Chief Administrator

  The Chief Administrator has the rank and status of a deputy head of a department.

• 7Absence or incapacity
• 7(1)

  If the Chief Administrator is absent or incapacitated or the office of Chief Administrator is vacant, the Minister must appoint another person to act as Chief Administrator, but a person must not be so appointed for a term of more than 90 days without the approval of the Governor in Council.

• 7(2)Powers, duties and functions

  The person acting as Chief Administrator has all of the powers, duties and functions of the Chief Administrator conferred under this Act or any other Act of Parliament.

• 8Salary and expenses
• 8(1)

  The Chief Administrator is to be paid the remuneration that may be fixed by the Governor in Council and is entitled to be paid reasonable travel and living expenses incurred in the exercise of his or her powers or the performance of his or her duties and functions while absent from the Chief Administrator’s ordinary place of work.

• 8(2)Compensation

  The Chief Administrator is deemed to be a person 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.

• 9Chief executive officer

  The Chief Administrator is the chief executive officer of the Service and has the control and management of the Service and all matters connected with it.

• 10Responsibility

  The Chief Administrator is responsible for the provision of the support services and the facilities that are needed by each of the administrative tribunals to exercise its powers and perform its duties and functions in accordance with the rules that apply to its work.

• 11General powers
• 11(1)

  The Chief Administrator has all the powers that are necessary to perform his or her duties and functions under this or any other Act of Parliament.

• 11(2)Contracts, etc.

  The Chief Administrator may enter into contracts, memoranda of understanding or other arrangements, including contracts to engage the services of legal counsel or other persons having professional, technical or specialized knowledge to advise or assist an administrative tribunal or any of its members.

• 12Limitation

  The Chief Administrator’s powers, duties and functions do not extend to any of the powers, duties and functions conferred by law on any administrative tribunal or on any of its members.

• 13Delegation

  The Chief Administrator may delegate to any employee of the Service any of the powers, duties, and functions conferred on the Chief Administrator under this Act or any other Act of Parliament.

• 14For greater certainty

  For greater certainty, the chairperson of an administrative tribunal continues to have supervision over and direction of the work of the tribunal.

• 15Appointment of employees

  The employees who are required for the purposes of the Service are to be appointed under the Public Service Employment Act.

• 15.1Amendment
• 15.1(1)

  Subject to subsection (2), the Minister may, by order, amend Schedule 2 to add, amend or delete the name of a territorial body.

• 15.1(2)Funding arrangement

  The Minister may add the name of a territorial body to Schedule 2 only if the Minister is of the opinion that there is a satisfactory funding arrangement for the provision of support services and of facilities to the territorial body.

• [p33]
• 15.1(3)Consultation

  If a territorial body is composed of members of a body established by an Act of Parliament, the Minister must consult the minister responsible for the body established by that Act before adding the name of the territorial body to Schedule 2.

• 15.1(4)Statutory Instruments Act

  An order made under subsection (1) is not a statutory instrument as defined in subsection 2(1) of the Statutory Instruments Act. However, the order must be published in the Canada Gazette.

• 16Deeming — filing documents and giving notice

  Any provision of an Act of Parliament, or of a regulation, that requires the filing of a document with, or the giving of a notice to, an administrative tribunal is deemed to require that document to be filed with, or the notice to be given to, the Service, as the case may be.

• 17Deeming — amounts payable

  Any provision of an Act of Parliament, or of a regulation, that requires an amount to be paid to an administrative tribunal is deemed to require that amount to be paid to the Service.

• 18Amounts for operation of administrative tribunal

  Any amount to be paid for the operation of any administrative tribunal may be paid out of moneys appropriated by Parliament for the expenditures of the Service.

• 19Spending authority

  The Service may spend revenues that it receives in a fiscal year for the provision of any services and facilities to a territorial body referred to in Schedule 2 to offset expenditures that it incurs in that fiscal year.

• 377Definitions

  The following definitions apply in sections 378 to 381.

• [p40]

  administrative tribunal means any of the following:

• (a)

  the Canadian Cultural Property Export Review Board;

• (b)

  the Canadian Human Rights Tribunal;

• (c)

  the Canada Industrial Relations Board;

• (d)

  the Competition Tribunal;

• (e)

  the Review Tribunal;

• [p45]
• (f)

  the Canadian International Trade Tribunal;

• [p46]
• (a) #47
• (g)

  the Transportation Appeal Tribunal of Canada;

• (b) #48
• (h)

  the Social Security Tribunal;

• (c) #49
• (i)

  the Public Servants Disclosure Protection Tribunal;

• (j)

  the Specific Claims Tribunal;

• [p50]
• (k)

  the Public Service Labour Relations and Employment Board. (tribunal administratif)

• [p52]

  Chief Administrator has the same meaning as in section 2 of the Administrative Tribunals Support Service of Canada Act. (administrateur en chef)

• [p53]

  Registry means any of the following:

• (a) #54

  the Registry of the Competition Tribunal;

• (b) #55

  the Registry of the Public Servants Disclosure Protection Tribunal;

• (a) #56
• (c) #56

  the Registry of the Specific Claims Tribunal. (greffe)

• (b) #57
• [p57]

  Service means the Administrative Tribunals Support Service of Canada established by section 3 of the Administrative Tribunals Support Service of Canada Act. (Service)

• (c) #58
• 378Employment continued — administrative tribunal
• (1)

  Nothing in this Division is to be construed as affecting the status of any person who, immediately before the day on which this Division comes into force, occupies a position in an administrative tribunal referred to in paragraph (b), (c), (f) or (g) of the definition administrative tribunal in section 377, except that the person is to, as of that day, occupy their position in the Service.

• (2)Employment continued — Public Service Labour Relations and Employment Board

  Nothing in this Division is to be construed as affecting the status of any person who, on the day on which subsection 4(1) of the Public Service Labour Relations and Employment Board Act, as enacted by section 365 of the Economic Action Plan 2013 Act, No. 2 comes into force, is employed by the Public Service Labour Relations and Employment Board, except that the person is to, as of that day, occupy their position in the Service.

• (3)Employment continued — Registry

  Nothing in this Division is to be construed as affecting the status of any person who, immediately before the day on which this Division comes into force, occupies a position in a Registry, except that the person is to, as of that day, occupy their position in the Service.

• (1) #62
• (4)Employment continued — portions of federal public administration

  Nothing in this Division is to be construed as affecting the status of any person who, immediately before the day on which this Division comes into force, occupies a position in one of the following portions of the federal public administration, except that the person is to, as of that day, occupy their position in the Service:

• (2) #63Appropriations — Public Service Labour Relations Board or Public Service Staffing Tribunal
• (a) #63

  the portion of the Department of Canadian Heritage known as the Canadian Cultural Property Export Review Board Secretariat;

• (3) #64Appropriations — Registries
• (b) #64

  the portion of the Department of Agriculture and Agri-Food known as the Review Tribunal Support Service;

• (4) #65Appropriations — Department of Canadian Heritage
• (c) #65

  the portion of the Department of Employment and Social Development known as the Social Security Tribunal Support Service.

• (5)Managerial or confidential position

  For greater certainty, a person’s status includes whether or not they occupy a managerial or confidential position.

• (5) #66Appropriations — Department of Agriculture and Agri-Food
• 379Powers and duties

  A person referred to in section 378 whom an administrative tribunal has authorised to exercise certain powers or perform certain duties or functions relating to a matter before that administrative tribunal remains, on the day on which this Division comes into force, authorized to exercise those powers and perform those duties and functions despite the operation of that section.

• 380Appropriations — administrative tribunal
• (1) #69

  Any money that is appropriated by an Act of Parliament, for the fiscal year in which this Division comes into force, to defray any expenditure of an administrative tribunal referred to in paragraph (b), (c), (f) or (g) of the definition administrative tribunal in section 377 and that, on the day on which this Division comes into force, is unexpended is deemed, on that day, to be an amount appropriated to defray any expenditure of the Service.

• (1) #70
• (2) #70Appropriations — Public Service Labour Relations Board or Public Service Staffing Tribunal

  Any money that is appropriated by an Act of Parliament, for the fiscal year in which subsection 4(1) of the Public Service Labour Relations and Employment Board Act, as enacted by section 365 of the Economic Action Plan 2013 Act, No. 2 comes into force, to defray any expenditure of the Public Service Labour Relations Board or the Public Service Staffing Tribunal and that, on the day on which that subsection 4(1) comes into force, is unexpended is deemed, on that day, to be an amount appropriated to defray any expenditure of the Service.

• (3) #71Appropriations — Registries

  Any money that is appropriated by an Act of Parliament, for the fiscal year in which this Division comes into force, to defray any expenditure of a Registry and that, on the day on which this Division comes into force, is unexpended is deemed, on that day, to be an amount appropriated to defray any expenditure of the Service.

• (a) #71
• (4) #72Appropriations — Department of Canadian Heritage

  Any money that is appropriated by an Act of Parliament, for the fiscal year in which this Division comes into force, to defray any expenditure of the Department of Canadian Heritage related to the Canadian Cultural Property Export Review Board and that, on the day on which this Division comes into force, is unexpended is deemed, on that day, to be an amount appropriated to defray any expenditure of the Service.

• (b) #72
• (5) #73Appropriations — Department of Agriculture and Agri-Food

  Any money that is appropriated by an Act of Parliament, for the fiscal year in which this Division comes into force, to defray any expenditure of the Department of Agriculture and Agri-Food related to the Review Tribunal and that, on the day on which this Division comes into force, is unexpended is deemed, on that day, to be an amount appropriated to defray any expenditure of the Service.

• (c) #73
• (6)Appropriations — Canadian Food Inspection Agency

  Any money that is appropriated by an Act of Parliament, for the fiscal year in which this Division comes into force, to defray any expenditure of the Canadian Food Inspection Agency related to the Review Tribunal and that, on the day on which this Division comes into force, is unexpended is deemed, on that day, to be an amount appropriated to defray any expenditure of the Service.

• (d) #74
• (7)Appropriations — Department of Employment and Social Development

  Any money that is appropriated by an Act of Parliament, for the fiscal year in which this Division comes into force, to defray any expenditure of the Department of Employment and Social Development related to the Social Security Tribunal and that, on the day on which this Division comes into force, is unexpended is deemed, on that day, to be an amount appropriated to defray any expenditure of the Service.

• (e) #75
• (2) #76References
• 381Contracts
• (1) #77

  A contract respecting the provision of services or materiel to an administrative tribunal entered into by one of the following persons is deemed to have been entered into by the Chief Administrator of the Service:

• (a) #78

  a member, officer or employee of an administrative tribunal referred to in paragraph (b), (c), (f), (g) or (k) of the definition administrative tribunal in section 377;

• (b) #79

  an officer or employee of a Registry;

• (c) #80

  the Minister of Canadian Heritage or an officer or employee of the Department of Canadian Heritage;

• (d) #81

  the Minister of Agriculture and Agri-Food or an officer or employee of the Department of Agriculture and Agri-Food;

• (e) #82

  the Minister of Employment and Social Development or an officer or employee of the Department of Employment and Social Development.

• (2) #83References

  Unless the context otherwise requires, in a contract referred to in subsection (1), every reference to one of the persons referred to in paragraphs (1)(a) to (e) is to be read as a reference to the Chief Administrator of the Service.