Bill S-6: An Act respecting regulatory modernization

PART 1 Innovation, Science and Economic Development R.S., c. B-3; 1992, c. 27, s. 2 Bankruptcy and Insolvency Act 1 Subsection 102(4) of the Bankruptcy and Insolvency Act is replaced by the following: Publication by trustee (4) The trustee shall, as soon as possible after the bankruptcy and not later than the fifth day before the first meeting of creditors, publish, in the manner specified in the directives of the Superintendent, a notice in the prescribed form. 2 Paragraph 155(c) of the Act is replaced by the following: (c) a notice of the bankruptcy shall not be published under subsection 102(4) unless it is deemed expedient by the trustee or ordered by the court; 3 The Act is amended by adding the following after section 170.1: Withdrawal of opposition 170.2 (1) If a creditor or the trustee has opposed the discharge of a bankrupt individual solely on grounds referred to in either one or both of paragraphs 173(1)(m) and (n), the creditor or trustee, as the case may be, may withdraw the opposition at any time before the hearing referred to in subsection 170.1(3). Notice of withdrawal (2) The following provisions apply in respect of withdrawals under subsection (1): (a) if a creditor withdraws their opposition, they shall give notice of the withdrawal to the Superintendent, the trustee, the bankrupt and, if the mediation is ongoing, the mediator; and (b) if the trustee withdraws their opposition, they shall give notice of the withdrawal in the prescribed form and manner to the Superintendent, the bankrupt and, if the mediation is ongoing, the mediator. Withdrawal before start of mediation (3) If all oppositions based solely on grounds referred to in either one or both of paragraphs 173(1)(m) and (n) are withdrawn before the mediation referred to in section 170.1 has begun and the Superintendent, the trustee and a creditor have not opposed the automatic discharge based on any other ground, the trustee shall (a) withdraw the application for mediation by sending a notice of the withdrawal in the prescribed form to the official receiver, if such an application has been sent to the official receiver under subsection 170.1(1); and (b) without delay, issue to the bankrupt a certificate of discharge in the prescribed form releasing the bankrupt from their debts, other than those referred to in subsection 178(1), and send a copy of it to the Superintendent. Withdrawal after start of mediation (4) If all oppositions based solely on grounds referred to in either one or both of paragraphs 173(1)(m) and (n) are withdrawn after the mediation referred to in section 170.1 has begun, but before a hearing under subsection 170.1(3) has begun, and the Superintendent, the trustee and a creditor have not opposed the automatic discharge based on any other ground, (a) if the mediation is ongoing, the mediator shall cancel the mediation by sending a notice of cancellation in the prescribed form to the Superintendent and to the parties; (b) the trustee shall withdraw the application for a hearing, if such an application has been made under subsection 170.1(3); and (c) the trustee shall, without delay, issue to the bankrupt a certificate of discharge in the prescribed form releasing the bankrupt from their debts, other than those referred to in subsection 178(1), and send a copy of it to the Superintendent. R.S., c. E-4 Electricity and Gas Inspection Act 4 Paragraph 28(1)(d) of the Electricity and Gas Inspection Act is replaced by the following: (d) authorizing the director to establish plans for the verification and reverification — using any means, including sampling — of meters of any class, type or design, or in any circumstances; R.S., c. W-6 Weights and Measures Act 5 The portion of section 8 of the Weights and Measures Act before paragraph (a) is replaced by the following: Approval, examination and certification of devices 8 Subject to section 8.1, no trader shall use, or have in their possession for use, in trade, any device unless 6 The Act is amended by adding the following after section 8: Exception 8.1 (1) The Minister may permit a trader to use, or have in their possession for use, in trade, any device on a temporary basis for a period and under any terms and conditions that the Minister may specify, even if the device, or the class, type or design of the device, has not been approved under section 3 or the device has not been examined by an inspector. Revocation of permission (2) The Minister may, by written notice, revoke the permission for failure to comply with any of the terms or conditions on which the permission was granted. Effect of revocation (3) If the permission is revoked, the trader shall not use, or have in their possession for use, in trade, the device that was permitted to be used under the permission. Right to make representations (4) The Minister shall not revoke the permission unless (a) notice of the proposal to revoke it has been given to the trader; (b) any interested person objecting to the proposal has been afforded reasonable opportunity to make representations with respect to their objection; and (c) the representations, if any, have been taken into account in deciding whether to implement the proposal. 7 Paragraph 10(1)(t) of the Act is repealed. 8 Subsection 26(2) of the Act is repealed. 2018, c. 27 Budget Implementation Act, 2018, No. 2 9 The Budget Implementation Act, 2018, No. 2 is amended by adding the following after section 229: 229.1 (1) Subsection 70(1) of the Act is amended by adding “and” at the end of paragraph (c) and by adding the following after that paragraph: (d) sections 36.1, 38.1 and 45.1 and subsection 56(5), as enacted by the Budget Implementation Act, 2018, No. 2 . (2) Paragraph 70(1)(d) of the Act is replaced by the following: (d) subsections 9(3) and (4), sections 36.1, 38.1 and 45.1 and subsection 56(5), as enacted by the Budget Implementation Act, 2018, No. 2 . 10 Subsection 239(4) of the Act is repealed. 11 (1) Subsection 242(2) of the Act is replaced by the following: Order in council (2) Sections 215 and 216 and subsection 229.1(2) come into force on a day to be fixed by order of the Governor in Council, but that day must be after the day fixed under subsection (2.1). Order in council (2.1) Sections 217, 219, 221 to 223 and 226 to 228 and subsection 229.1(1) come into force on a day to be fixed by order of the Governor in Council. (2) Section 242 of the Act is amended by adding the following after subsection (3): An Act respecting regulatory modernization (4) Section 225 comes into force on the day on which An Act respecting regulatory modernization receives royal assent. Annual Update Statement R.S., c. C-44; 1994, c. 24, s. 1(F) Canada Business Corporations Act 12 Section 263 of the Canada Business Corporations Act is replaced by the following: Annual update statement 263 Every corporation shall send to the Director an annual update statement in the form and within the period that the Director fixes. 1998, c. 1 Canada Cooperatives Act 13 Section 374 of the Canada Cooperatives Act is replaced by the following: Annual update statement 374 Every cooperative must send the Director an annual update statement in the form and within the period that the Director fixes. 2009, c. 23 Canada Not-for-profit Corporations Act 14 Section 278 of the Canada Not-for-profit Corporations Act is replaced by the following: Annual update statement 278 Every corporation shall send to the Director an annual update statement in the form and within the period that the Director fixes. Coming into Force Order in council 15 (1) Sections 1 and 2 come into force on a day to be fixed by order of the Governor in Council. Order in council (2) Section 3 comes into force on a day to be fixed by order of the Governor in Council. Order in council (3) Sections 12 to 14 come into force on a day or days to be fixed by order of the Governor in Council. PART 2 Natural Resources Petroleum Resources R.S., c. O-7; 1992, c. 35, s. 2 Canada Oil and Gas Operations Act 16 Section 15 of the Canada Oil and Gas Operations Act is repealed. R.S., c. 36 (2nd Supp.) Canada Petroleum Resources Act 17 Subsections 107(2) and (3) of the Canada Petroleum Resources Act are repealed. 1987, c. 3; 2014, c. 13, s. 3 Canada–Newfoundland and Labrador Atlantic Accord Implementation Act 18 (1) The definition hazardous substance in subsection 205.001(1) of the Canada–Newfoundland and Labrador Atlantic Accord Implementation Act is replaced by the following: hazardous substance  includes a hazardous product and any chemical, biological or physical agent that, by reason of a property that the agent possesses, is hazardous to the health or safety of an individual who is exposed to it. ( substance dangereuse ) (2) Subsection 205.001(2) of the Act is replaced by the following: Hazardous Products Act definitions (2) In this Part, hazardous product , label and safety data sheet have the same meanings as in section 2 of the Hazardous Products Act . 19 Paragraphs 205.022(c) to (e) of the Act are replaced by the following: (c) ensure that all hazardous substances at the workplace, other than hazardous products, are identified in the manner that is prescribed; (d) subject to the Hazardous Materials Information Review Act , ensure that each hazardous product at the workplace or each container at the workplace that contains a hazardous product has a label that meets the requirements set out in the regulations made under subsection 15(1) of the Hazardous Products Act affixed to it, printed on it or attached to it, in a manner that meets the requirements set out in the regulations made under that subsection; (e) subject to the Hazardous Materials Information Review Act , make available to every employee at the workplace, in the manner that is prescribed, a safety data sheet that meets the requirements set out in the regulations made under subsection 15(1) of the Hazardous Products Act with respect to each hazardous product to which the employee may be exposed; 20 Section 205.023 of the Act is replaced by the following: Employer to provide information in emergency 205.023 (1) Every employer shall, in respect of each workplace under its control, and in respect of an activity performed by any of its employees at a workplace that is not under its control, to the extent that it controls the activity, provide, in respect of any hazardous product to which an employee may be exposed, as soon as the circumstances permit, the safety data sheet referred to in paragraph 205.022(e) to any physician, or other medical professional that is prescribed, who requests that safety data sheet for the purpose of making a medical diagnosis of, or rendering medical treatment to, an employee in an emergency. No safety data sheet (2) If there is no safety data sheet for the hazardous product referred to in subsection (1), the employer shall provide any information about that product that is in their possession to the physician or other medical professional. Confidentiality (3) Any physician or other medical professional to whom information is provided by an employer under subsection (1) or (2) shall keep confidential any information specified by the employer as being confidential, except for the purpose for which it is provided. 21 Subsection 205.086(2) of the Act is replaced by the following: Information on hazardous products and materials (2) Information that, under the Hazardous Materials Information Review Act , a person is exempt from disclosing under paragraph 205.022(d) or (e) or under the Hazardous Products Act and that is obtained by a health and safety officer who enters a place under subsection 205.073(3), or by an individual accompanying or a person assisting the officer, is privileged and, despite the Access to Information Act or any other Act or law, shall not be disclosed to any other person except for the purposes of this Part, or for the purposes of Part III as it relates to safety. 22 Paragraph 205.124(1)(p) of the Act is replaced by the following: (o.1) respecting the records to be kept by an operator or an employer, or both, the manner and form in which and the period of time for which records are to be kept; (p) respecting the manner and form in which information is to be communicated; 1988, c. 28 Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act 23 (1) The definition hazardous substance in subsection 210.001(1) of the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act is replaced by the following: hazardous substance  includes a hazardous product and any chemical, biological or physical agent that, by reason of a property that the agent possesses, is hazardous to the health or safety of an individual exposed to it. ( substance dangereuse ) (2) Subsection 210.001(2) of the Act is replaced by the following: Hazardous Products Act definitions (2) In this Part, hazardous product , label and safety data sheet have the same meanings as in section 2 of the Hazardous Products Act . 24 Paragraphs 210.022(c) to (e) of the Act are replaced by the following: (c) ensure that all hazardous substances at the workplace, other than hazardous products, are identified in the manner that is prescribed; (d) subject to the Hazardous Materials Information Review Act , ensure that each hazardous product at the workplace or each container at the workplace that contains a hazardous product has a label that meets the requirements set out in the regulations made under subsection 15(1) of the Hazardous Products Act affixed to it, printed on it or attached to it, in a manner that meets the requirements set out in the regulations made under that subsection; (e) subject to the Hazardous Materials Information Review Act , make available to every employee at the workplace, in the manner that is prescribed, a safety data sheet that meets the requirements set out in the regulations made under subsection 15(1) of the Hazardous Products Act with respect to each hazardous product to which the employee may be exposed; 25 Section 210.023 of the Act is replaced by the following: Employer to provide information in emergency 210.023 (1) Every employer shall, in respect of each workplace under its control, and in respect of an activity performed by any of its employees at a workplace that is not under its control, to the extent that it controls the activity, provide, in respect of any hazardous product to which an employee may be exposed, as soon as the circumstances permit, the safety data sheet referred to in paragraph 210.022(e) to any physician, or other medical professional that is prescribed, who requests that safety data sheet for the purpose of making a medical diagnosis of, or rendering medical treatment to, an employee in an emergency. No safety data sheet (2) If there is no safety data sheet for the hazardous product referred to in subsection (1), the employer shall provide any information about that product that is in their possession to the physician or other medical professional. Confidentiality (3) Any physician or other medical professional to whom information is provided by an employer under subsection (1) or (2) shall keep confidential any information specified by the employer as being confidential, except for the purpose for which it is provided. 26 Subsection 210.087(2) of the Act is replaced by the following: Information on hazardous products and materials (2) Information that, under the Hazardous Materials Information Review Act , a person is exempt from disclosing under paragraph 210.022(d) or (e) or under the Hazardous Products Act and that is obtained by a health and safety officer who enters a place under subsection 210.074(3), or by an individual accompanying or a person assisting the officer, is privileged and, despite the Access to Information Act or any other Act or law, shall not be disclosed to any other person except for the purposes of this Part, or for the purposes of Part III as it relates to safety. 27 Paragraph 210.126(1)(p) of the Act is replaced by the following: (o.1) respecting the records to be kept by an operator or an employer, or both, the manner and form in which and the period of time for which records are to be kept; (p) respecting the manner and form in which information is to be communicated; 1998, c. 14 Canada Lands Surveyors Act Amendments to the Act 28 (1) The definitions boundary , Canada Lands Surveyor , commission , licence and permit in section 2 of the Canada Lands Surveyors Act are replaced by the following: boundary  means a natural or artificial line on the surface of the earth, below the surface of the earth, in airspace or in or on any structure, the purpose of which is to indicate the extent of a legal interest or right in land, land under water, water, airspace or natural resources, or in a structure.  ( ligne de démarcation ) Canada Lands Surveyor  means a member who holds a commission. ( arpenteur des terres du Canada ) commission  means a commission granted under section 49. ( brevet ) licence  means a licence issued under section 53. ( licence ) permit  means a permit issued under section 58. ( permis ) (2) Section 2 of the Act is amended by adding the following in alphabetical order: Council member means a member of the Council of the Association referred to in section 13. ( conseiller ) member  means a member of the Association whose membership is granted under section 38. ( membre ) 29 (1) Paragraph 6(a) of the English version of the Act is replaced by the following: (a) to establish and maintain standards of qualifications and practice for Canada Lands Surveyors; (2) Paragraphs 6(c) and (d) of the Act are replaced by the following: (c) to establish and maintain standards of conduct, knowledge and skill among members and permit holders; (d) to govern the activities of members and permit holders; 30 Section 8 of the Act is replaced by the following: Capacity of Association 8 In carrying out its objects, the Association has the capacity and the rights, powers and privileges of a natural person. 31 (1) Paragraph 13(c) of the Act is replaced by the following: (c) members, in a number set out in the by-laws, which number may not be less than three, who are elected in accordance with the by-laws; (2) Paragraph 13(e) of the English version of the Act is replaced by the following: (e) two persons who are not members and who are appointed by the Minister. 32 Subsection 16(1) of the Act is replaced by the following: Filling of vacancies 16 (1) A vacancy on the Council caused by the death, resignation, removal or inability to act of a Council member referred to in paragraph 13(c) shall be filled by a member in the manner set out in the by-laws. 33 Section 17 of the Act is amended by adding the following after subsection (2): Continuation of term of office (2.1) Despite subsection (2), a Council member appointed under paragraph 13(e) continues to hold office until they are reappointed or their successor is appointed. 34 (1) Subsection 18(1) of the Act is replaced by the following: By-laws 18 (1) The Council may make by-laws respecting any matter necessary to carry on the business and activities of the Association, including by-laws respecting (a) a code of ethics for professional conduct; (b) the composition of committees established under subsection 19(2) and the rules, practices and procedures of those committees; (c) the maintenance of records by the Association in respect of members and permit holders, and the inspection of those records; (d) applications for membership in the Association and the renewal and reinstatement of memberships in the Association; (e) applications for admission as a candidate for a commission, the requirements of candidates, the cancellation of a candidacy, appeals of decisions, the granting of commissions, and the use of the titles “Canada Lands Surveyor” and “arpenteur des terres du Canada”; (f) the examination of candidates for a commission; (g) applications for a licence and permit and their issuance and renewal, and the reinstatement of a licence and permit; (h) the terms and conditions under which members and their employers must have insurance against professional liability; (i) the exemption of members and their employers from the requirement set out in paragraph (h); (j) the notification of the Registrar, by members and permit holders, of claims against them for professional liability; (k) conflict of interest in respect of surveying activities, including the definition of what constitutes a conflict of interest under this Act; (l) the issuing and ownership of seals, the certification of documents and drawings by members, and the form of statements of responsibility, seals and signatures; (m) the procedures to be followed by the Association in reviewing the surveying activities of members and permit holders to ensure the maintenance of minimum standards of surveying; and (n) any other matter for which by-laws are required by this Act. (2) Section 18 of the Act is amended by adding the following after subsection (2): Statutory Instruments Act (3) The Statutory Instruments Act does not apply to by-laws. Accessibility (4) By-laws shall be made available to the public in both official languages. 35 (1) Subsection 21(1) of the French version of the Act is replaced by the following: Attributions 21 (1) Sous réserve de l’article 22, le comité d’examen régit toute question relative à l’examen et à l’admission des candidats au brevet ainsi que les qualifications exigées d’eux. (2) Subsection 21(2) of the Act is replaced by the following: Admission of candidates (2) The Board of Examiners may admit a person to be a candidate for a commission only if the person has complied with the requirements specified in the by-laws. Labour mobility (3) All matters relating to the admission, qualifications and examination of candidates for a commission who are entitled to survey lands in a province and under the laws of the province and who seek to become licence holders under any provision of this Act, the regulations and the by-laws, are to be conducted in accordance with the provisions of the Agreement , as defined in section 2 of the Canadian Free Trade Agreement Implementation Act . 36 Section 23 of the Act is replaced by the following: Recommendations for commissions 23 The Board of Examiners shall recommend to the Council that a commission be granted to every candidate for a commission who has complied with the requirements specified in the by-laws. 37 Sections 24 and 25 of the Act are replaced by the following: Role 24 (1) The Complaints Committee shall consider all complaints in writing that are received by the Association regarding the conduct or actions of any member or permit holder. Rights of Committee (2) If the Committee has reasonable grounds to believe that a member or permit holder against whom a complaint is made has committed an act of professional misconduct or was incompetent, the Committee may conduct an investigation of the surveying activities of the member or permit holder or designate a person or entity to conduct the investigation under the Committee’s direction. Revocation (3) The Committee may revoke the designation. For greater certainty (4) For greater certainty, an individual appointed to the Committee may be designated to conduct the investigation. Definition of designated person (5) For the purposes of sections 24.1 to 24.5 , designated person means the Committee or the person or entity designated by it to conduct the investigation. Power to require information and documents 24.1 (1) The designated person may, for the purpose of investigating a member or permit holder’s conduct and activities, require any member or permit holder (a) to provide any information that, in the opinion of the designated person, the member or permit holder is able to provide in relation to the matter being investigated; and (b) to produce, for examination or copying by the designated person, any document or other thing that, in the opinion of the designated person, is relevant to the matter being investigated and may be in the possession or under the control of that member or permit holder. Authority to enter (2) Subject to subsection 24.2 (1), a designated person may, for that purpose, enter the business premises of the member or permit holder in which they have reasonable grounds to believe that an activity regulated under any provision of this Act, the regulations or the by-laws is conducted or any document or other thing relevant to the investigation is located. Other powers (3) The designated person may, for that purpose, (a) examine anything in the place; (b) remove the thing for examination or copying; (c) use any copying equipment in the place, or cause it to be used; (d) open or order any person to open any container or package found in the place; (e) use any means of communication in the place, or cause it to be used; (f) use any computer system or device in the place, or cause it to be used, to examine data contained in or available to it; (g) prepare a document, or cause one to be prepared, based on the data; and (h) take photographs or make recordings or make a copy of anything in the place. Duty to assist (4) The owner or person in charge of the place and every person in the place shall give all assistance that is reasonably required to enable the designated person to perform their functions under subsections (2) and (3) and shall provide any documents or information, and access to any data, that may be reasonably required by the designated person. Warrant to enter dwelling-house 24.2 (1) If the place is a dwelling-house, the designated person may enter it without the occupant’s consent only under the authority of a warrant issued under subsection (2). Authority to issue warrant (2) On ex parte application, a justice of the peace may issue a warrant authorizing the designated person to enter a dwelling-house, subject to any conditions specified in the warrant, if the justice is satisfied by information on oath that (a) the dwelling-house is a place referred to in subsection 24.1 (2); (b) entry to the dwelling-house is necessary for the purposes of the investigation; and (c) entry was refused by the occupant or there are reasonable grounds to believe that entry will be refused by, or that consent to entry cannot be obtained from, the occupant. Use of force 24.3 In executing a warrant to enter a dwelling-house, the designated person may use force only if the use of force has been specifically authorized in the warrant and they are accompanied by a peace officer. Immunity — civil liability 24.4 A person or entity that exercises powers or performs duties or functions under any of sections 24 to 24.3 does not incur civil liability in respect of anything done or omitted to be done in good faith in the exercise of those powers or the performance of those duties or functions. Response required 24.5 (1) In the course of the investigation, the designated person may require a member or permit holder to respond to any request for information in respect of the complaint within the prescribed period. Professional misconduct (2) If the member or permit holder fails to respond to the request for assistance or information within the prescribed period, they commit an act of professional misconduct. If such is the case, the Complaints Committee may, on its own initiative or on the recommendation of the designated person, refer a complaint respecting that act of professional misconduct to the Discipline Committee in accordance with paragraph 25 (1)(b), and in the case of the member who is the subject of that complaint, may suspend that member’s licence in accordance with section 27.1 . Decision on complaint 25 (1) After having considered a complaint, the Complaints Committee shall (a) dismiss the complaint if it is satisfied that the evidence disclosed by the investigation does not support a finding of professional misconduct or incompetence; (b) refer the complaint to the Discipline Committee if it is satisfied that there is sufficient evidence disclosed by the investigation that could support a finding of professional misconduct or incompetence; or (c) take any action that it considers appropriate in the circumstances to resolve the complaint. Notice of dismissal, referral or resolution (2) The Registrar shall cause a notice of the dismissal, referral or resolution of the complaint, as the case may be, to be served on the Association, the complainant and the member or permit holder who is the subject of the complaint. 38 Section 26 of the French version of the Act is replaced by the following: Procédure expéditive 26 Le comité des plaintes n’a pas à tenir d’audience ou à donner à quiconque la possibilité de présenter des observations orales avant de formuler sa recommandation à l’égard de la plainte. 39 Section 27 of the Act is replaced by the following: Continuing jurisdiction 27 The Complaints Committee retains jurisdiction to deal with a complaint regarding the conduct or actions of a person or entity who has ceased to be a member or permit holder. Temporary suspension 27.1 (1) The Complaints Committee may suspend the licence belonging to the member who is the subject of the complaint, if (a) the continuation of the member’s surveying activities may put the public at risk; or (b) the complaint was referred to the Discipline Committee in accordance with subsection 24.5(2). Decision in writing (2) A decision of the Complaints Committee to suspend a licence under this section shall be in writing and set out reasons. Notice — temporary suspension (3) The Complaints Committee shall cause a copy of every decision to suspend under this section to be given to the Discipline Committee, the Council and the Registrar. The Registrar shall cause a notice of every decision to suspend under this section to be served on the member who is the subject of the complaint and on the complainant and shall notify the other members of the suspension. Publication (4) The Registrar shall make public a decision to suspend a member’s licence under this section. Application of suspension (5) The decision to suspend is enforceable on being served on the subject of the complaint and remains in force until the Registrar causes a decision of the Discipline Committee regarding the complaint that led to the suspension to be served on the member to whom the decision relates, in accordance with subsection 31(3), and on the Complaints Committee. Appeal (6) A member whose licence has been suspended may, by filing a written notice of appeal within 30 days after the day on which a notice of a decision is served, appeal the decision to suspend the member’s licence to the Federal Court. End of suspension (7) If the member’s licence was suspended under paragraph 27.1(1)(b), the Discipline Committee may, at the member’s request, end the suspension if it is of the opinion that the member has responded to the request for assistance or information since the suspension of their licence. Appeal (8) If the Discipline Committee does not end the suspension of the member’s licence, the member may, by filing a written notice of appeal within 30 days after the day on which the Discipline Committee decides not to end the suspension, appeal the decision to the Federal Court. 40 Paragraphs 28(a) to (c) of the Act are replaced by the following: (a) subject to sections 29 and 30.1, hear and determine allegations of professional misconduct or incompetence in complaints submitted to it by the Complaints Committee; or (b) hear and determine matters referred to it by the Registrar with respect to (i) the reinstatement of a member in the Association, or (ii) the issuance of a new licence or permit to any person or entity whose licence or permit has been revoked. 41 Sections 29 and 30 of the Act are replaced by the following: Complaint — temporary suspension 29 The Discipline Committee shall begin the process of examining a complaint referred to them regarding a suspension under section 27.1 no later than 15 days after the day on which the complaint is referred. Continuing jurisdiction 30 The Discipline Committee retains jurisdiction to deal with a complaint regarding the conduct or actions of a person or entity who has ceased to be a member or permit holder. Hearing not required 30.1 The Discipline Committee may, without holding a discipline hearing, take one or more of the actions set out in subsection 31(1) against the member or permit holder who is the subject of the complaint if the member or permit holder (a) agrees with the findings of the Complaints Committee; (b) accepts to forego a discipline hearing; and (c) accepts the actions that the Discipline Committee proposes to take against them. Hearing Opportunity to be heard 30.2 At a hearing, the Discipline Committee shall provide the member or permit holder who is the subject of the complaint with an opportunity to present evidence and make representations. Power of summons 30.3 The Discipline Committee may summon and enforce the appearance of persons and compel them to give oral or written evidence on oath and to produce any document or other thing that the Committee considers necessary for the full examination of the complaint, in the same manner and to the same extent as a superior court of record. Public hearings 30.4 (1) Discipline Committee hearings shall be public. Exception (2) However, the Committee may conduct hearings in camera if it considers it necessary to prohibit the disclosure, publication or distribution of information or documents, for a reason of public order, including to ensure respect for professional secrecy or the protection of a person’s privacy, safety or reputation. 42 (1) The portion of subsection 31(1) of the Act before paragraph (a) is replaced by the following: Powers 31 (1) If the Discipline Committee finds a member or permit holder guilty of professional misconduct or incompetence, the Discipline Committee may take one or more of the following actions: (2) Paragraph 31(1)(a) of the French version of the Act is replaced by the following: a) annuler l’adhésion du membre à l’Association; (3) Paragraphs 31(1)(b) and (c) of the Act are replaced by the following: (b) revoke the member’s commission or licence or the permit holder’s permit; (c) suspend the member’s commission or licence or the permit holder’s permit for a period not exceeding two years; (4) Paragraph 31(1)(d) of the English version of the Act is replaced by the following: (d) accept an undertaking that limits the member’s or permit holder’s surveying activities to the extent specified in the undertaking; (5) Paragraphs 31(1)(f) and (g) of the Act are replaced by the following: (f) impose on the member or permit holder a penalty not in excess of the amount prescribed by regulation, payable to the Association; (g) reprimand the member or permit holder and direct that the reprimand be recorded in the register maintained by the Registrar; (6) Paragraphs 31(1)(h) and (i) of the English version of the Act are replaced by the following: (h) direct the member or permit holder to reimburse the complainant, the Association or both all or any part of the costs associated with the complaint; (i) direct that the members be notified of any action taken by the Discipline Committee under this section; and (7) Subsection 31(3) of the Act is replaced by the following: Service (3) The Discipline Committee shall cause a copy of every decision to take action under this section to be given to the Council and the Registrar, and the Registrar shall cause a copy of the decision to be served on the member or permit holder to whom the decision relates and on the complainant. (8) Subsection 31(4) of the French version of the Act is replaced by the following: Suspension (4) S’il est d’avis que les circonstances le justifient, le comité de discipline peut, selon les modalités qu’il précise, suspendre l’exécution de sa décision pour la période qu’il estime appropriée. (9) Subsection 31(5) of the Act is replaced by the following: Notification of members (5) The Registrar shall notify the members whenever a membership in the Association is cancelled or a commission, licence or permit is revoked or suspended. Publication (5.1) The Registrar shall make public a decision of the Discipline Committee to cancel a member’s membership in the Association or to revoke or suspend a member’s commission, licence or permit. (10) Subsections 31(6) and (7) of the English version of the Act are replaced by the following: Notification of unfounded allegation (6) If the Discipline Committee finds that an allegation of professional misconduct or incompetence against a member or permit holder is unfounded, the Registrar shall, on the request of the member or permit holder, notify the members of that finding. Reimbursement of costs (7) If the Discipline Committee is of the opinion that proceedings before it in relation to any member or permit holder are unwarranted, it may recommend to the Council that the Association reimburse the whole or part of the member’s or permit holder’s costs. 43 Section 34 of the Act is replaced by the following: Register of surveyors 34 (1) The Registrar shall maintain a register in which is recorded the name of every Canada Lands Surveyor and all other information required by the by-laws to be recorded in that register. Register of other information (2) The Registrar shall maintain a register in which is recorded (a) the name and address of every member who holds a licence, every other member and every permit holder; (b) information that is required by the by-laws to be recorded in that register; (c) information that is directed by the Discipline Committee to be recorded; and (d) information that is directed by the Council to be recorded. 44 Subsection 35(2) of the English version of the Act is replaced by the following: Copies (2) The Registrar shall provide to any person, on payment of a reasonable charge, a copy of any part of a register pertaining to any member. 45 Section 37 of the Act is replaced by the following: Immunity 37 No action or other proceedings for damages shall be instituted against the Association, a committee of the Association, a member, an individual appointed to a committee of the Association or an officer, employee, representative or appointee of the Association for any act done in the performance of any duty, or the exercise of any power, in good faith, under this Act or for any neglect or default in the performance of any duty, or the exercise of any power, in good faith, under this Act. 46 Section 38 of the Act is replaced by the following: Granting membership 38 The Registrar shall grant membership in the Association to any person who holds a commission, or to any other person specified in the by-laws, who applies for membership and who complies with the regulations and the by-laws. 47 Sections 39 and 40 of the English version of the Act are replaced by the following: Cancellation for non-payment of fees 39 The Registrar may cancel a membership in the Association for the non-payment of any fee or levy prescribed in the by-laws after giving the member at least two months’ written notice of the default and intention to cancel. Resignation 40 A member may resign from the Association by filing a resignation in writing with the Registrar. 48 Subsection 41(1) of the Act is replaced by the following: Application for reinstatement 41 (1) A person whose membership in the Association has been cancelled for professional misconduct or incompetence may, any time after two years after the date of the cancellation, apply in writing to the Registrar, in accordance with the by-laws, to be reinstated as a member. 49 Section 42 of the Act is replaced by the following: Standards of conduct 42 A member who directs the provision of surveying services is in all respects liable for maintaining the standards of conduct and competence in respect of the provision of those services. 50 Section 43 of the French version of the Act is replaced by the following: Droit d’accès 43 Le titulaire de licence et toute personne agissant sous sa direction peuvent, afin d’exécuter un arpentage cadastral, pénétrer sur le terrain de qui que ce soit, le traverser et en mesurer les limites; ils prennent toutefois les précautions voulues pour éviter de causer quelque dommage en ce faisant. 51 (1) The portion of subsection 44(1) of the French version of the Act before paragraph (a) is replaced by the following: Témoignages 44 (1) Le titulaire de licence qui exécute un arpentage cadastral peut, s’il a des motifs raisonnables de croire qu’une personne possède des renseignements sur toute matière s’y rapportant : (2) Subsections 44(2) to (4) of the French version of the Act are replaced by the following: Convocation par le juge (2) Tout juge de paix peut, sur demande d’un titulaire de licence, étayée par un affidavit énonçant la raison de la convocation du témoin, délivrer la citation à comparaître. Signification et contenu (3) La citation est signifiée soit à personne, soit à résidence, entre les mains d’une personne majeure; elle indique le jour, l’heure et le lieu de l’audience devant le titulaire de licence. Dépenses des témoins (4) Le titulaire de licence verse au témoin convoqué la somme qui l’indemnisera des frais de déplacement entraînés par sa comparution devant lui; en cas de désaccord sur la somme, il soumet le différend à un juge de paix, dont la décision est alors définitive. 52 Sections 45 and 46 of the French version of the Act are replaced by the following: Consignation 45 Tout élément de preuve produit à l’audience dans le cadre de l’article 44 est consigné par écrit et lu au témoin qui en est l’auteur et attesté par affirmation de celui-ci et du titulaire de licence. Exigence — permis 46 Le titulaire de licence ne peut fournir de services d’arpentage cadastral à titre d’employé d’une entité que si celle-ci est elle-même titulaire d’un permis. 53 Section 47 of the Act is replaced by the following: Certification of documents and drawings 47 Members shall certify their documents and drawings in accordance with the by-laws. 54 Section 48 of the Act is repealed. 55 The Act is amended by adding the following after section 49: Exclusive use of title 49.1 A person, other than a member who holds a commission, shall not use the title “Canada Lands Surveyor” or “arpenteur des terres du Canada”, or any addition to or abbreviation of that title, or any words, name or designation that leads to the belief that the person is a Canada Lands Surveyor. 56 Section 50 of the French version of the Act and the heading before it are replaced by the following: Licences Arpentage cadastral 50 Seul le titulaire d’une licence ou une personne agissant sous sa direction peut effectuer l’arpentage cadastral des terres du Canada ou de terrains privés dans un territoire. 57 Section 51 of the Act is replaced by the following: Other surveying 51 A member, other than a member who is a licence holder or who is acting under the direction of a licence holder, shall not engage in surveying on Canada Lands or private lands in a territory. 58 (1) The portion of section 52 of the French version of the Act before paragraph (a) is replaced by the following: Conditions 52 Le demandeur de licence doit, à la fois : (2) Paragraphs 52(b) to (d) of the Act are replaced by the following: (b) be a member; (c) subject to subsection 21(3), have experience and practical training in surveying totalling at least two years during the previous five years; and (d) subject to subsection 21(3), comply with the licensing requirements prescribed by the by-laws. 59 Section 53 of the Act is replaced by the following: Issuance of licence 53 The Registrar may issue a licence to any person who applies for a licence and complies with the requirements under this Act. 60 Section 54 of the French version of the Act is replaced by the following: Annulation de la licence 54 Le registraire peut annuler la licence pour défaut de paiement des droits ou cotisations fixés par les règlements administratifs, après avoir donné au titulaire un préavis d’au moins deux mois entre le non-paiement et l’éventuelle annulation. 61 Subsection 55(1) of the Act is replaced by the following: Application for new licence 55 (1) A person whose licence has been revoked for professional misconduct or incompetence may, any time after two years after the date of the revocation, apply in writing to the Registrar, in accordance with the by-laws, for a new licence. 62 (1) Subsection 56(1) of the Act is replaced by the following: Liability insurance required 56 (1) Subject to subsection (2) and the by-laws, every member who engages in surveying must be insured against professional liability. (2) Subsection 56(2) of the English version of the Act is replaced by the following: Exception (2) Subsection (1) does not apply in respect of a member who is employed by Her Majesty in right of Canada or a province, by an agent of Her Majesty in right of Canada or an agent or mandatary of Her Majesty in right of a province. (3) Subsection 56(4) of the English version of the Act is replaced by the following: Levies (4) The Association may prescribe levies to be paid by members in respect of arrangements entered into under subsection (3). 63 Section 57 of the French version of the Act and the heading before it are replaced by the following: Permis Exigence — permis 57 Une entité ne peut fournir de services d’arpentage cadastral des terres du Canada ou des terrains privés dans un territoire que si elle est titulaire d’un permis. 64 Section 58 of the Act is replaced by the following: Issuance of permit 58 The Registrar may issue a permit to an entity that applies for a permit in accordance with the by-laws. 65 Section 59 of the French version of the Act is replaced by the following: Annulation pour non-paiement 59 Le registraire peut annuler le permis pour défaut de paiement des droits ou cotisations fixés par les règlements administratifs, après avoir donné au titulaire un préavis d’au moins deux mois entre le non-paiement et l’éventuelle annulation. 66 Section 60 of the Act is replaced by the following: Revocation for lack of licence 60 The Registrar may revoke a permit if the permit holder no longer has a director, officer, partner or employee who holds a licence and who is capable of personally supervising and directing cadastral surveys. 67 Subsection 61(1) of the Act is replaced by the following: Application for new permit 61 (1) An entity whose permit has been revoked for professional misconduct or incompetence may, any time after two years after the date of the revocation, apply in writing to the Registrar, in accordance with the by-laws, for a new permit. 68 (1) The portion of section 62 of the English version of the Act before paragraph (a) is replaced by the following: Council may make regulations 62 The Council may, with the approval of the Minister, make regulations (2) Paragraphs 62(a) to (q) of the Act are replaced by the following: (a) respecting the composition of committees established under subsection 19(1) and the rules, practices and procedures of those committees; (b) respecting the duties and powers of the Registrar; (c) respecting the investigation of complaints, the procedures of the Complaints Committee and the Discipline Committee and the hearing or other treatment of allegations of professional misconduct or incompetence and the actions taken in response to those allegations; (d) respecting the definition of “professional misconduct” and “incompetence” for the purposes of this Act; and (e) prescribing anything that is to be prescribed under this Act. 69 Section 64 of the French version of the Act is replaced by the following: Arpentage cadastral sans licence 64 Commet une infraction passible, sur déclaration de culpabilité par procédure sommaire, d’une amende maximale de 10 000 $ et d’un emprisonnement maximal de six mois, ou de l’une de ces peines, quiconque effectue ou prétend effectuer un arpentage cadastral sur les terres du Canada ou sur des terrains privés dans un territoire sans être titulaire d’une licence ou agir sous la direction d’un titulaire de licence. 70 Paragraphs 65(a) and (b) of the French version of the Act are replaced by the following: a) falsifie ou fait falsifier tout renseignement relatif à un registre tenu par le registraire sous le régime de la présente loi ou délivre une fausse licence, un faux permis, ou un faux document relatif à un tel registre; b) tente d’obtenir une licence ou un permis en faisant sciemment une déclaration fausse ou trompeuse sur un point important. 71 Section 68 of the Act is replaced by the following: Injunctions 68 On application by the Association, if a court of competent jurisdiction is satisfied that a contravention of any provision of this Act, the regulations or the by-laws is being or is likely to be committed, the court may grant an injunction subject to any conditions that it considers appropriate, ordering any person to cease or refrain from any activity related to that contravention or ordering the person to take any measure that the court considers appropriate. 72 Section 71 of the Act is replaced by the following: Service of notices, etc. 71 (1) Subject to subsection 44(3), a notice or document required under any provision of this Act, the regulations or the by-laws to be served or delivered may be served personally or delivered electronically or by registered mail addressed to the person to whom the notice or document is to be given at the person’s last known address. When service made (2) If a notice or document is delivered electronically or by registered mail, the delivery is deemed to have been made on the 10th day after the day on which it is sent unless the person to whom the notice or document is given establishes that the person, acting in good faith, through absence, illness or other cause beyond the person’s control, did not receive the notice or document, or did not receive the notice or document until a later date. 73 Section 72 of the English version of the Act is replaced by the following: Who may take oaths 72 Any oath or affidavit mentioned in this Act may be taken before any judicial officer, notary public, commissioner for taking oaths or Canada Lands Surveyor. 74 Section 76 of the Act is replaced by the following: References 76 Every reference to the former Association in any deed, contract, agreement or other document executed or signed according to all the required formalities for their validity by the former Association shall, unless the context otherwise requires, be read as a reference to the new Association. Transitional Provisions Definitions 75 The following definitions apply in this section and sections 76 to 78 . commencement day  means the day on which section 28 comes into force. ( date de référence ) former Act  means the Canada Lands Surveyors Act as it read immediately before the commencement day. ( ancienne loi ) new Act  means the Canada Lands Surveyors Act as it reads on the commencement day. ( nouvelle loi ) New terminology — “licence” 76 (1) For the purposes of the French version of the new Act, every permis , as defined in section 2 of the French version of the former Act, that is valid immediately before the commencement day is deemed to be a licence , as defined in section 2 of the French version of the new Act, and remains valid unless it is revoked or suspended before that day. New terminology — “permis” (2) For the purposes of the French version of the new Act, every licence , as defined in section 2 of the French version of the former Act, that is valid immediately before the commencement day is deemed to be a permis , as defined in section 2 of the French version of the new Act, and remains valid unless it is revoked or suspended before that day. Non-application of section 49.1 77 For a period of two years after the commencement day, section 49.1 of the new Act does not apply to a person who holds a commission granted under the Canada Lands Surveys Act as it read immediately before March 18, 1999, who is not a member as defined in section 2 of the new Act. That person is deemed to be a Canada Lands Surveyor , as defined in section 2 of the new Act, during that two-year period. Regulations 78 (1) Subject to subsection (2) and with the approval of the Minister of Natural Resources, the Council of the Association of Canada Lands Surveyors, within the meaning of the new Act, may make regulations that it considers necessary to provide for any transitional matter arising from the coming into force of any provision enacted by sections 28 to 74 . By-laws (2) The Council of the Association of Canada Lands Surveyors, within the meaning of the new Act, may make by-laws respecting any matter under section 18 of the new Act that it considers necessary to provide for any transitional matter arising from the coming into force of any provision enacted by sections 28 to 74 . Coming into Force Order in council 79 (1) Sections 16 to 27 come into force on a day or days to be fixed by order of the Governor in Council. Order in council (2) Sections 28 to 74 come into force on a day to be fixed by order of the Governor in Council. PART 3 Environment and Climate Change 1992, c. 52 Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act 80 (1) Subsection 6(1) of the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act is replaced by the following: Importation 6 (1) Subject to the regulations, no person shall import into Canada any animal or plant that was taken, or any animal or plant, or any part or derivative of an animal or plant, that was possessed, distributed or transported in contravention of any law of any foreign state. (2) Subsections 6(2) and (3) of the French version of the Act are replaced by the following: Importation et exportation (2) Sous réserve des règlements, il est interdit d’importer au Canada ou d’exporter hors du Canada — sauf en vertu d’un permis délivré en vertu du paragraphe 10(1) et conformément aux conditions qui s’y rattachent — tout ou partie d’un animal, d’un végétal ou d’un produit qui en provient. Acheminement interprovincial (3) Sous réserve des règlements, il est interdit d’acheminer d’une province à l’autre — sauf en vertu d’un permis délivré en vertu du paragraphe 10(1) et conformément aux conditions qui s’y rattachent — tout ou partie d’un animal, d’un végétal ou d’un produit qui en provient. 81 Section 7 of the Act is replaced by the following: Transport requiring provincial licence 7 (1) Subject to the regulations, if a licence issued by a competent authority in a province is required in order to transport any animal or plant, or any part or derivative of an animal or plant, out of the province, no person shall transport any animal, plant or part or derivative of an animal or plant from the province to another province except under and in accordance with such a licence. Provincial prohibitions (2) Subject to the regulations, no person shall transport from a province to another province any animal or plant, or any part or derivative of an animal or plant, if the animal or plant was taken, or the animal, plant, part or derivative was possessed, distributed or transported, in contravention of any provincial Act or regulation. 82 The heading before section 10 of the French version of the Act is replaced by the following: Permis fédéral 83 (1) Subsection 10(1) of the French version of the Act is replaced by the following: Délivrance 10 (1) Le ministre peut délivrer, sur demande et aux conditions qu’il estime indiquées, un permis autorisant l’importation, l’exportation ou l’acheminement interprovincial de tout ou partie d’un animal, d’un végétal ou d’un produit qui en provient. (2) Subsection 10(3) of the French version of the Act is replaced by the following: Annulation ou suspension (3) Après avoir donné à l’intéressé la possibilité de faire valoir ses observations, le ministre peut annuler ou suspendre le permis en cas de contravention à toute condition dont il est assorti. 84 (1) Paragraph 21(1)(a) of the French version of the Act is replaced by the following: a) régir la délivrance, le renouvellement, l’annulation ou la suspension des permis et prévoir les cas de dispense; (2) Subsection 21(2) of the Act is repealed. 2002, c. 29 Species at Risk Act 85 (1) Subsection 42(1) of the Species at Risk Act is replaced by the following: Proposed recovery strategy 42 (1) Subject to subsections (2) and (3), the competent minister must include a proposed recovery strategy in the public registry within one year after the wildlife species is listed, in the case of a wildlife species listed as an endangered species, and within two years after the species is listed, in the case of a wildlife species listed as a threatened species or an extirpated species. (2) Subsection 42(1) of the Act is replaced by the following: Proposed recovery strategy 42 (1) Subject to subsection (2), the competent minister must include a proposed recovery strategy in the public registry within one year after the wildlife species is listed, in the case of a wildlife species listed as an endangered species, and within two years after the species is listed, in the case of a wildlife species listed as a threatened species or an extirpated species. (3) Section 42 of the Act is amended by adding the following after subsection (2): Assessment under section 130 (3) If a wildlife species is added to the List as the result of an assessment under section 130, the competent minister must include a proposed recovery strategy in the public registry within three years after the wildlife species is listed, in the case of a wildlife species listed as an endangered species, and within four years after the wildlife species is listed, in the case of a wildlife species listed as a threatened species or an extirpated species. (4) Subsection 42(3) of the Act is repealed. 86 (1) Subsection 68(1) of the Act is replaced by the following: Proposed management plan 68 (1) Subject to subsections (2) and (2.1), the competent minister must include a proposed management plan in the public registry within three years after the wildlife species is listed as a species of special concern. (2) Subsection 68(1) of the Act is replaced by the following: Proposed management plan 68 (1) Subject to subsection (2), the competent minister must include a proposed management plan in the public registry within three years after the wildlife species is listed as a species of special concern. (3) Section 68 of the Act is amended by adding the following after subsection (2): Assessment under section 130 (2.1) If a wildlife species is added to the List as a species of special concern as the result of an assessment under section 130, the competent minister must include a proposed management plan in the public registry within five years after the wildlife species is listed. (4) Subsection 68(2.1) of the Act is repealed. 87 (1) The heading before section 130 of the Act is replaced by the following: Assessment of Wildlife Species Mentioned in Schedule 3 (2) The heading before section 130 of the Act is repealed. 88 (1) The portion of subsection 130(1) of the Act before paragraph (a) is replaced by the following: Assessment of status 130 (1) COSEWIC must assess the status of each wildlife species set out in Schedule 3, and, as part of the assessment, identify existing and potential threats to the species and (2) Subsection 130(1) of the Act is repealed. (3) Subsections 130(2) and (3) of the Act are repealed. (4) Subsection 130(4) of the Act is repealed. (5) Subsection 130(5) of the Act is replaced by the following: Extension (5) The Governor in Council may, on the recommendation of the Minister after consultation with the competent minister or ministers, by order, extend the time provided for the assessment of any species set out in Schedule 3. The Minister must include a statement in the public registry setting out the reasons for the extension. (6) Subsections 130(5) and (6) of the Act are repealed. (7) Subsection 130(7) of the Act is repealed. 89 Section 131 of the Act is repealed. 90 (1) The Act is amended by adding the following after section 131: Amendment to Schedule 3 131.1 The Governor in Council may, on the recommendation of the Minister, by order, amend Schedule 3 by removing a species if COSEWIC has assessed the status of the species under section 130 or has determined that the species is not a wildlife species or a species at risk. (2) Section 131.1 of the Act is repealed. 91 Sections 132 and 133 of the Act are repealed. 92 Schedule 2 to the Act is repealed. 93 (1) Schedule 3 to the Act is replaced by the Schedule 3 set out in Schedule 1 to this Act. (2) Schedule 3 to the Act is repealed. Coming into Force Order in council 94 (1) Sections 80 to 84 come into force on a day to be fixed by order of the Governor in Council. Order in council (2) Subsections 85 (2) and (4), 86 (2) and (4), 87 (2) and 88 (2), (4) and (6), section 89 and subsections 90 (2) and 93 (2) come into force on a day to be fixed by order of the Governor in Council. PART 4 R.S., c. A-6 Agricultural Products Marketing Act Amendments to the Act 95 (1) The second paragraph of the preamble to the Agricultural Products Marketing Act is replaced by the following: AND WHEREAS the legislatures of several of the provinces have enacted legislation respecting the marketing of agricultural products within the province; (2) The fourth paragraph of the preamble to the French version of the Act is replaced by the following: qu’il convient de faciliter cette commercialisation en autorisant l’institution de redevances et prélèvements pour une meilleure répartition ou la péréquation, entre producteurs, des sommes rapportées par la commercialisation des produits, 96 Sections 1.1 to 4 of the Act are replaced by the following: Definitions 2 The following definitions apply in this Act. administrative body  means an administrative body referred to in subsection 3(3). ( organisme administratif ) agricultural product includes wood. ( produit agricole ) marketing board  means a marketing board named in column 2 of the schedule. ( office de commercialisation ) Minister means the Minister of Agriculture and Agri-Food. ( ministre ) person  means an individual, corporation, partnership, trust, joint venture or unincorporated association or organization. ( personne ) Powers — marketing boards 3 (1) A marketing board may, in relation to the marketing of an agricultural product named or described in column 3 of the schedule, exercise in the market set out in column 4 all or any powers like the powers that it may exercise under the law of a province. Levies and charges (2) A marketing board has the power, in relation to the marketing of an agricultural product named or described in column 3 of the schedule in the market set out in column 4, (a) to establish and impose levies or charges and to collect them from persons that are engaged in the production or marketing of the whole or any part of the agricultural product; (b) for the purposes of paragraph (a), to classify those persons into groups and to establish the levies or charges payable by the members of the different groups in different amounts; and (c) to use the levies or charges for the purposes of the marketing board, including (i) the creation of reserves, (ii) the payment of expenses and losses resulting from the sale or disposal of the agricultural product, and (iii) the equalization or adjustment among producers of the agricultural product of moneys realized from the sale of the product during any period or periods of time that the marketing board may determine. Powers — administrative bodies (3) An administrative body may, in relation to the marketing of an agricultural product named or described in column 3 of the schedule, exercise in the market set out in column 4 all or any powers like the powers — with respect to approvals, supervision, arbitrations or appeals — that it may exercise under the law of a province. Limitation on powers 4 (1) The powers granted under section 3 do not include any power that is exercised by the Canadian Dairy Commission under the Canadian Dairy Commission Act or by an agency established under the Farm Products Agencies Act . Application (2) The powers granted under section 3 may be exercised only with respect to persons that are situated within the province and to agricultural products that are produced within the province. Exception — milk (3) Despite subsection (2), a marketing board or an administrative body from the same province may exercise the powers granted to it under section 3 in relation to the marketing of milk only with respect to a person that has been granted a quota for the production of milk by the marketing board or administrative body and to milk produced under that quota, regardless of whether the person is situated, or the milk is produced, within or outside of the province. Definition of milk (4) For the purposes of subsection (3), milk means that agricultural product as it is described in column 3 of the schedule for each marketing board — or an administrative body from the same province — that is granted powers under section 3 in relation to the marketing of that agricultural product. Recovery of debt 5 A levy or charge imposed by a marketing board under section 3 constitutes a debt due to it and may be recovered by it in any court of competent jurisdiction. Accessibility of information 6 (1) A marketing board or administrative body must make accessible to the persons with respect to which it exercises the powers granted to it under section 3, through the Internet or by any other means that it considers appropriate, every requirement or other measure that it establishes in the exercise of such a power. Restriction (2) A requirement or other measure is not enforceable in respect of any period during which the requirement or measure is not made accessible in accordance with this section. Conflict 7 In the event of a conflict between a requirement or other measure established by a marketing board in the exercise of the powers granted to it under section 3 and a requirement or other measure established by an administrative body from the same province in the exercise of the powers granted to it under that section, the requirement or measure established by the marketing board prevails to the extent of the conflict. Amendments to schedule 8 (1) The Minister may, by order, amend the schedule by (a) subject to subsection (2), adding, deleting or amending, in column 2, the name of a marketing board; (b) in relation to a marketing board, adding, deleting or amending, in column 3, the name or description of an agricultural product; and (c) in relation to a marketing board, adding, deleting or amending, in column 4, a market. Condition precedent (2) The Minister may add the name of a marketing board to the schedule only if the board is authorized under the law of a province to exercise powers in relation to the marketing of an agricultural product within the province. Regulations 9 The Governor in Council may make regulations for carrying out the purposes and provisions of this Act. 97 The Act is amended by adding, after section 9, the schedule set out in Schedule 2 to this Act. Repeals Repeals 98 The Orders and Regulations set out in Schedule 3 to this Act are repealed. Transitional Provisions Definitions 99 (1) The following definitions apply in this section and in sections 100 and 101 . new Act  means the Agricultural Products Marketing Act as it reads on the day on which this section comes into force. ( nouvelle loi ) transitional instruments  means the Orders and Regulations set out in items 2, 6, 10, 11, 22, 25, 30, 32, 33, 35, 38 to 42, 44, 45, 48, 54, 66, 69, 71 to 76, 78, 81, 89, 90, 94, 97, 103 to 106, 108 to 111, 114, 115, 117 to 122, 124, 125, 129, 130, 132, 133, 141, 143, 144, 150 and 158 to 161 of Schedule 3 to this Act, as they read immediately before the day on which this section comes into force.  ( textes transitoires ) Same meaning (2) Unless the context requires otherwise, the words and expressions used in sections 100 and 101 have the same meaning as in the new Act. Continued application 100 (1) The transitional instruments continue to apply as though they were made or issued under the new Act. Recovery of debt (2) A levy or charge imposed by a marketing board under a transitional instrument on or after the day on which this section comes into force constitutes a debt due to it and may be recovered by it in any court of competent jurisdiction. End of transitional period (3) A transitional instrument ceases to apply on the earlier of (a) the day on which the marketing board makes accessible to the persons with respect to which it exercises the powers granted to it under section 3 of the new Act, through the Internet or by any other means that it considers appropriate, a requirement or other measure in substitution for the transitional instrument, and (b) the day after the third anniversary of the day on which this section comes into force. Milk quotas 101 A quota for the production of milk granted under the Agricultural Products Marketing Act that is in force immediately before the day on which this section comes into force continues in force, until it is revoked, as though it were granted under the new Act. PART 5 Regulatory Measures Respecting Canadian Food Inspection Agency R.S., c. F-9 Feeds Act 102 (1) Subsection 5(1) of the Feeds Act is amended by adding the following after paragraph (b.1): (b.2) respecting the amendment of any of the conditions to which the registration or approval of feeds are subject by reason of subsection 5.31(2); (2) Subsection 5(1) of the Act is amended by adding the following after paragraph (h.2): (h.3) respecting the recognition of a system of any foreign state or subdivision of any foreign state relating to the safety of feeds; 103 The heading before section 5.2 of the Act is replaced by the following: Registrations, Licences and Approvals 104 The Act is amended by adding the following after section 5.3: Feed — prescribed conditions 5.31 (1) If feed is approved by the Minister or feed is registered, the approval or registration is subject to the prescribed conditions. Conditions — Minister (2) The Minister may make an approval or registration subject to any additional conditions that the Minister considers appropriate, including conditions respecting the prevention of harm to human or animal health or to the environment. Obligation to comply (3) A person who manufactures, sells or imports feed must comply with all the conditions to which the approval or registration of the feed is subject. 105 Subsection 9.1(2) of the Act is replaced by the following: Notice (2) The notice must either be delivered personally to the owner or importer of the feed or to the person having possession, care or control of it or be sent to the owner, importer or person by any method that provides proof of delivery or by any prescribed method. R.S., c. F-10 Fertilizers Act 106 Section 2 of the Fertilizers Act is amended by adding the following in alphabetical order: biotechnology  has the meaning assigned by the regulations; ( biotechnologie ) novel supplement  means  (a) a supplement that is not registered and not exempt from registration, or (b) a supplement that is derived through biotechnology and has a novel trait; ( supplément nouveau ) novel trait  has the meaning assigned by the regulations; ( caractère nouveau )  release  means, except for the purposes of subsection 9(2), any discharge or emission of a supplement into the environment or exposure of a supplement to the environment; ( dissémination ) 107 The Act is amended by adding the following after section 3.4: Release of novel supplements 3.5 A person must not release a novel supplement, except in accordance with the regulations. 108 (1) Subsection 5(1) of the Act is amended by adding the following after paragraph (b.1): (b.2) respecting the amendment of any of the conditions to which the registration or approval of fertilizers or supplements are subject by reason of subsection 5.31(2); (b.3) respecting the amendment of any of the conditions to which the authorization to release a novel supplement is subject by reason of subsection 5.32(1); (2) Subsection 5(1) of the Act is amended by adding the following after paragraph (c.4): (c.5) respecting the release of novel supplements; (c.6) defining the terms “biotechnology” and “novel trait” for the purposes of this Act; 109 The heading before section 5.2 of the Act is replaced by the following: Registrations, Licences and Other Authorizations 110 The Act is amended by adding the following after section 5.3: Fertilizers and supplements — prescribed conditions 5.31 (1) If a fertilizer or supplement is approved by the Minister or a fertilizer or supplement is registered, the approval or registration is subject to the prescribed conditions. Conditions — Minister (2) The Minister may make an approval or registration subject to any additional conditions that the Minister considers appropriate, including conditions respecting the prevention of harm to human, animal or plant health or to the environment. Obligation to comply (3) A person who sells or imports a fertilizer or supplement must comply with all the conditions to which the approval or registration of the fertilizer or supplement is subject. Novel supplements — conditions 5.32 (1) If the Minister authorizes, under the regulations, a person to release a novel supplement, the Minister may make the authorization subject to any conditions that the Minister considers appropriate, including conditions respecting the prevention of harm to human, animal or plant health or to the environment. Obligation to comply (2) A person that has received authorization from the Minister to release a novel supplement must comply with all the conditions to which the authorization is subject. 111 Subsection 9.1(2) of the Act is replaced by the following: Notice (2) The notice must either be delivered personally to the owner or importer of the fertilizer or supplement or to the person having possession, care or control of it or be sent to the owner, importer or person by any method that provides proof of delivery or by any prescribed method. R.S., c. S-8 Seeds Act 112 Section 2 of the Seeds Act is amended by adding the following in alphabetical order: release  means, except for the purposes of subsection 8(2), any discharge or emission of seed into the environment or exposure of seed to the environment and includes the growing and field testing of plants; ( dissémination ) 113 (1) The Act is amended by adding the following after section 3.2: Release of seeds 3.3 (1) A person must not release seed, except in accordance with the regulations. Non-application (2) Subsection (1) does not apply to seed described in section 108 of the Seeds Regulations . (2) Subsection 3.3(2) of the Act is replaced by the following: Non-application (2) Subsection (1) does not apply to prescribed seed. 114 (1) Paragraph 4(1)(a.1) of the Act is replaced by the following: (a.1) providing for the determination of varietal purity of seed crops and, in particular, for any such determination to be made by the Canadian Seed Growers’ Association and any standards established by that Association to be used; (2) Subsection 4(1) of the Act is amended by adding the following after paragraph (a.4): (a.5) respecting the release of seed; (3) Subsection 4(1) of the Act is amended by adding the following after paragraph (j.3): (j.4) respecting the recognition of a system of any foreign state or subdivision of any foreign state relating to the safety of seeds; 115 Subsection 8.1(2) of the Act is replaced by the following: Notice (2) The notice must either be delivered personally to the owner or importer of the seed or to the person having possession, care or control of it or be sent to the owner, importer or person by any method that provides proof of delivery or by any prescribed method. 1990, c. 21 Health of Animals Act 116 Subsection 2(1) of the Health of Animals Act is amended by adding the following in alphabetical order: environment  means the components of the Earth and includes  (a) air, land and water, (b) all layers of the atmosphere, (c) all organic and inorganic matter and living organisms, and (d) the interacting natural systems that include components referred to in paragraphs (a) to (c); ( environnement ) release  means, except for the purposes of subsection 45(1), any discharge or emission of a veterinary biologic into the environment; ( dissémination ) 117 (1) The Act is amended by adding the following after section 11.1: Release of veterinary biologics 11.2 (1) A person must not release a veterinary biologic, except in accordance with the regulations. Non-application (2) Subsection (1) does not apply to a veterinary biologic or a release described in subsection 120.2(2) of the Health of Animals Regulations . (2) Subsection 11.2(2) of the Act is replaced by the following: Non-application (2) Subsection (1) does not apply to prescribed veterinary biologics. 118 Subsection 18(2) of the Act is replaced by the following: Notice (2) The notice must either be delivered personally to the owner or importer of the animal or thing or to the person having possession, care or control of it or be sent to the owner, importer or person by any method that provides proof of delivery or by any prescribed method. 119 The Act is amended by adding the following after section 21: Program Approvals Approvals 21.1 The Minister may approve programs developed for any of the following purposes by an entity other than the Canadian Food Inspection Agency: (a) preventing the introduction of any vector, disease or toxic substance into Canada or into another country from Canada; (b) controlling or eradicating, or preventing the spread of, vectors, diseases or toxic substances; or (c) quarantining, segregating, treating or disposing of, or dealing generally with, animals or things that (i) are, or are suspected of being, affected or contaminated by a disease or toxic substance, (ii) have been in contact with or in close proximity to animals or things that were, or are suspected of having been, affected or contaminated by a disease or toxic substance at the time of contact or close proximity, or (iii) are, or are suspected of being, vectors, the causative agents of disease or toxic substances. 120 (1) Paragraph 26(a) of the Act is amended by striking out “or” at the end of subparagraph (i) and adding the following after subparagraph (ii): (iii) exists in the place or the part of the place, but also exists outside of that place or that part of the place under such conditions that, in the opinion of the inspector or officer, it is no longer necessary to prevent its spread outside of the place or the part of the place; or (2) Paragraph 26(b) of the Act is replaced by the following: (b) the infected place is located in an area that the Minister has declared to be a primary control zone in respect of that disease or toxic substance and, in the opinion of the inspector or officer, it is no longer necessary for that place to be constituted to be an infected place under either of those sections to prevent the spread of that disease or toxic substance outside of that place. 121 (1) The portion of paragraph 64(1)(f) of the French version of the Act before subparagraph (i) is replaced by the following: f) contrôler ou éliminer des vecteurs, des maladies et des substances toxiques ou en empêcher la propagation et prendre toute mesure — notamment l’isolation, la mise en quarantaine, le traitement ou la destruction — à l’égard de telles substances ainsi que des animaux ou choses qui : (2) Paragraph 64(1)(s) of the Act is replaced by the following: (s) prohibiting or regulating the importation, exportation, preparation, manufacturing, preserving, packaging, labelling, storing, testing, transportation, sale, conditions of sale, advertising for sale, use, release and disposal of veterinary biologics and regulating their purity, potency, efficacy and safety; (3) Subsection 64(1) of the Act is amended by adding the following after paragraph (s.1): (s.2) respecting the approval of programs for the purposes of section 21.1; 122 The Act is amended by adding the following after section 64.1: Interim Orders Interim orders 64.11 (1) The Minister may make an interim order that contains any provision that may be contained in a regulation made under this Act if the Minister believes that immediate action is required to deal with a significant risk, direct or indirect, to human or animal health and safety or the environment. Period of validity (2) An interim order has effect from the time that it is made but ceases to have effect on the earliest of (a) 14 days after the day on which it is made, unless it is approved by the Governor in Council, (b) the day on which it is repealed, (c) the day on which a regulation made under this Act that has the same effect as the interim order comes into force, (d) one year after the interim order is made or any shorter period that may be specified in the interim order, unless it is extended by the Governor in Council, and (e) the day that is specified in the order of the Governor in Council, if the Governor in Council extends the interim order. Extension — Governor in Council (3) The Governor in Council may extend the interim order for a period of no more than two years after the end of the applicable period referred to in paragraph (2)(d). Contravention of unpublished order (4) A person is not to be determined to have committed a violation, or to be convicted of an offence, that consists of a contravention of an interim order that, at the time of the alleged contravention, had not been published in the Canada Gazette unless it is proved that, at the time of the alleged contravention, the person had been notified of the interim order or reasonable steps had been taken to bring the purport of the interim order to the notice of those persons likely to be affected by it. Statutory Instruments Act (5) An interim order is exempt from the application of sections 3 and 9 of the Statutory Instruments Act . Presumption (6) For the purpose of any provision of this Act other than this section, any reference to regulations made under this Act includes interim orders, and any reference to a regulation made under a specified provision of this Act includes a reference to the portion of an interim order containing any provision that may be contained in a regulation made under the specified provision. Tabling of order (7) The Minister shall ensure that a copy of each interim order is tabled in each House of Parliament within 15 days after the day on which it is made. It is to be sent to the Clerk of the House if the House is not sitting. 123 The Act is amended by adding the following after section 64.11: Licences, Permits and Other Documents Minister’s power 64.12 Subject to the regulations, the Minister may renew, amend, suspend or revoke a licence, permit, approval or other document issued by the Minister. 1990, c. 22 Plant Protection Act 124 Subsection 8(2) of the Plant Protection Act is replaced by the following: Notice (2) The notice must either be delivered personally to the owner or importer of the thing or to the person having possession, care or control of it or be sent to the owner, importer or person by any method that provides proof of delivery or by any prescribed method. 125 The heading before section 47.2 of the Act is replaced by the following: Authorizations, Permits and Other Documents 126 The Act is amended by adding the following after section 47.2: Minister’s power 47.21 The Minister may, subject to the regulations, renew, amend, suspend or revoke a permit or other document issued by the Minister. 1997, c. 6 Canadian Food Inspection Agency Act 127 The Canadian Food Inspection Agency Act is amended by adding the following after section 11: Electronic Administration and Enforcement Powers, duties and functions 11.1 (1) The Agency may administer and enforce this Act and any Acts or provisions that it administers or enforces by virtue of section 11 using electronic means, and the Minister and the President may exercise any power or perform any duty or function conferred on the Minister or President under this Act or any of those Acts or provisions using electronic means. Designated persons (2) Any person who is, or who belongs to a class that is, designated by the Minister under this Act or any other Act or provision referred to in subsection (1) for the purpose of administering or enforcing this Act or any of those other Acts and any person who is, or who belongs to a class of persons that is, designated by the President under subsection 13(3) may, in the exercise of their powers or the performance of their duties and functions, use the electronic means that are made available to them or specified by whichever one designated them or the class to which they belong. Delegation (3) Any person to whom the Minister delegates powers, duties and functions under subsection 4(2) and any person to whom the President delegates powers, duties and functions under section 7 may exercise the powers or perform the duties and functions using the electronic means that are made available to them or specified by whichever one delegated those powers, duties and functions to them. Decision using automated system (4) For greater certainty, an electronic system, including an automated system, may be used by the Minister and by the President to make a decision under this Act or any other Act or provision referred to in subsection (1), and, for the same purpose, by a designated person, or a person who belongs to a designated class, referred to in subsection (2) and a person to whom powers, duties and functions are delegated under subsection 4(2) or section 7, if the Minister or President makes the system available to the person or class of persons that the Minister or President designates or to the person to whom the Minister or President delegates powers, duties and functions. Conditions for electronic version 11.2 If this Act or any Act or provision that the Agency administers or enforces by virtue of section 11 requires a signature or any information to be provided, a decision, application or request to be made, notice to be given or any other document to be submitted or otherwise provided or requires the original of a document to be submitted or otherwise provided, the electronic version of the signature, information, decision, application, request, notice or other document meets the requirement if (a) the electronic version is provided by the electronic means, including an electronic system, that are made available or specified by the Minister or President; and (b) any other requirements that may be provided for in regulations made under section 11.3 are met. Regulations 11.3 (1) The Governor in Council may make regulations respecting the application of section 11.1 and paragraph 11.2(b), including regulations (a) respecting 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) respecting the date and time when, and the place where, an electronic version of a decision, application, request, notice or other document or of any information is deemed to be sent or received; (c) prescribing the circumstances in which a person who provides a signature or any information, makes a decision, application or request, gives notice or submits or otherwise provides any other document under this Act or any Act or provision that the Agency administers or enforces by virtue of section 11 is required to do so using electronic means, including an electronic system, or may do so using other means, and prescribing those means; and (d) prescribing the circumstances in which the Minister or the President may authorize or require a person who provides a signature or any information, makes a decision, application or request, gives notice or submits or otherwise provides any other document under this Act or any Act or provision that the Agency administers or enforces by virtue of section 11 to do so using any means that the Minister or President specifies. Electronic payments (2) The regulations may (a) require that payments that are to be made or evidence of payment that is to be provided under this Act or any Act or provision that the Agency administers or enforces by virtue of section 11 are to be made or provided by means of an electronic system; (b) include provisions respecting such a system, respecting the circumstances in which those payments may be made or evidence of payments may be provided by other means and respecting those other means; and (c) include provisions respecting the date and time when, and the place where, an electronic payment or evidence of payment is deemed to be sent or received. 2012, c. 24 Safe Food for Canadians Act 128 Paragraph (a) of the definition food commodity in section 2 of the Safe Food for Canadians Act is replaced by the following: (a) any food as defined in section 2 of the Food and Drugs Act , taking into account that that definition is subject to section 2.4 of that Act; 129 Subsection 32(2) of the Act is replaced by the following: Notice (2) The notice must either be delivered personally to the owner or importer of the food commodity or to the person having possession, care or control of it or be sent to the owner, importer or person by any method that provides proof of delivery or by any prescribed method. 130 (1) Subsection 56(2) of the Act is amended by striking out “and” at the end of paragraph (c) and by replacing paragraph (d) with the following: (d) one year after the interim order is made or any shorter period that may be specified in the interim order, unless it is extended by the Governor in Council, and (e) the day that is specified in the order of the Governor in Council, if the Governor in Council extends the interim order. (2) Subsection 56(3) of the Act is replaced by the following: Extension — Governor in Council (2.1) The Governor in Council may extend the interim order for a period of no more than two years after the end of the applicable period referred to in paragraph (2)(d). Contravention of unpublished order (3) A person is not to be determined to have committed a violation, or to be found guilty of an offence, that consists of a contravention of an interim order that, at the time of the alleged contravention, had not been published in the Canada Gazette unless it is proved that, at the time of the alleged contravention, (a) the person had been notified of the interim order; or (b) reasonable steps had been taken to bring the purport of the interim order to the notice of those persons likely to be affected by it. Coming into Force Order in council 131 (1) Subsection 113 (2) comes into force on a day to be fixed by order of the Governor in Council. Order in council (2) Subsection 117 (2) and section 123 come into force on a day or days to be fixed by order of the Governor in Council. Order in council (3) Sections 125 and 126 come into force on a day to be fixed by order of the Governor in Council. PART 6 Fisheries and Oceans R.S., c. C-33 Coastal Fisheries Protection Act 132 The Coastal Fisheries Protection Act is amended by adding the following after section 6: Statutory Instruments Act 6.1 The licences and permits referred to in paragraph 6(a) are not statutory instruments for the purposes of the Statutory Instruments Act . 133 Subsection 17(1) of the Act is amended by striking out “or” at the end of paragraph (c), by adding “or” at the end of paragraph (d) and by adding the following after paragraph (d): (e) contravenes any term or condition of a licence or permit issued under this Act. 134 (1) The portion of subsection 18(3) of the Act before paragraph (a) is replaced by the following: Punishment (3) Every person who commits an offence under paragraph 17(1)(a), (b), (c) or (e) is liable (2) The portion of subsection 18(4) of the Act before paragraph (a) is replaced by the following: Punishment (4) Every person who commits an offence under paragraph 17(1)(d) is liable R.S., c. F-14 Fisheries Act Amendments to the Act 135 Paragraph 86.2(1)(g) of the Fisheries Act is replaced by the following: (g) the alleged offender and the Attorney General have entered into an alternative measures agreement; 136 The Act is amended by adding the following after section 86.96: For greater certainty 86.97 For greater certainty, nothing in sections 86.1 to 86.96 limits a fishery officer, fishery guardian or peace officer from exercising their discretion with respect to the enforcement of this Act, prior to a charge being laid, including by referring a matter to a process based on restorative justice principles. Transitional Provision Alleged offenders provided with disclosure 137 Paragraph 86.2(1)(g) of the Fisheries Act , as enacted by section 156 , applies to every alleged offender who, on the day on which that section comes into force, has been provided with initial disclosure of the Crown’s evidence. PART 7 Immigration, Refugees and Citizenship 1994, c. 31 Department of Citizenship and Immigration Act 138 The Department of Citizenship and Immigration Act is amended by adding the following after section 5.2: Disclosure of Personal Information Definition of personal information 5.3 In sections 5.4 to 5.7 , personal information has the same meaning as in section 3 of the Privacy Act . Disclosure within Department 5.4 Subject to any regulations made under section 5.7 , the Minister may, for the purpose of exercising their powers or performing their duties or functions under an Act of Parliament or another lawful authority, disclose within the Department any personal information under the control of the Department. Disclosure outside Department 5.5 Subject to any regulations made under section 5.7 , and under a written agreement or arrangement that defines the elements of personal information, the purpose for disclosure, any limits on secondary use and onward transfer of personal information, and other relevant details, the Minister may, for the purpose of the administration or enforcement of an Act of Parliament or of the legislature of a province or for the purpose of exercising their powers or performing their duties or functions under another lawful authority, disclose to any department, ministry, body, office or agency of the federal government or of a provincial government or to a federal or provincial Crown corporation personal information that is under the control of the Department and that relates to any of the following: (a) the identity of an individual and any changes to their identity; (b) the status of an individual in Canada and any changes to their status; (c) the contents or status of any document issued to an individual by the Minister under a provision for which the Minister is responsible in an Act of Parliament or under another lawful authority, including information relating to the issuance, provision, renewal, restoration, validity, variance, withholding, refusal, termination, cancellation, correction, revocation, recall, suspension, recovery or loss of such a document. Other disclosure authorities 5.6 For greater certainty, nothing in this Act affects any authority to disclose personal information under another Act of Parliament, under an Act of the legislature of a province, at common law or under the royal prerogative. Regulations 5.7 For the purposes of sections 5.4 and 5.5 , the Governor in Council may make regulations respecting (a) the disclosure of personal information under the control of the Department, including conditions for or limits on disclosure and the specification of purposes for disclosure; and (b) the meaning of terms used in those sections. 2001, c. 27 Immigration and Refugee Protection Act 139 Subsection 150.1(1) of the Immigration and Refugee Protection Act is amended by striking out “and” at the end of paragraph (d), by adding “and” at the end of paragraph (e) and by adding the following after paragraph (e): (f) the disclosure of information collected for the purposes of this Act to federal departments and agencies for the purposes of cooperation, where such disclosure would be made under a written agreement or arrangement that defines the elements of personal information, the purpose for disclosure, any limits on secondary use and onward transfer of personal information, and other relevant details. PART 8 R.S., c. 1 (2nd Supp.) Customs Act Amendment to the Act 140 Subsection 164(1.1) of the Customs Act is replaced by the following: Regulations (1.1) The Governor in Council may, on the recommendation of the Minister, make regulations for any of the following purposes: (a) the uniform interpretation, application and administration of a protocol, chapter or provision — set out in column 2 of Part 5 of the schedule — in an agreement set out in column 1, and any other matters that may be agreed on from time to time by the parties to that agreement; (b) the implementation of an agreement set out in column 1 of Part 5 of the schedule. Coming into Force Order in council 141 Section 161 comes into force on a day to be fixed by order of the Governor in Council. PART 9 1996, c. 10 Canada Transportation Act 142 The Canada Transportation Act is amended by adding the following after section 49: Interim Order — Minister Interim order 49.1 (1) The Minister may make an interim order that contains any provision that may be contained in a regulation described in subsection (2), that provides that any requirement or condition set out in such a regulation does not apply or that provides for alternative requirements or conditions. The Minister may make an order only if the Minister considers that it is in the public interest, having regard to the purposes of the Act under which such a regulation may be made, and if the order (a) implements an international standard, with any modifications that the Minister considers necessary; or (b) ensures compliance with Canada’s international obligations. Regulation referred to in subsection (1) (2) A regulation referred to in subsection (1) is a regulation that may be made by the Governor in Council or by the Minister under a provision of an Act of Parliament, if the Minister is responsible for that provision. Consultation (3) Before making an interim order, the Minister must consult with any person or organization that the Minister considers appropriate in the circumstances. Period of validity (4) An interim order takes effect on the day that it is made or on any later day specified in the order and ceases to have effect on the earliest of (a) the day on which it is repealed, (b) the day before the day on which a regulation that has the same effect as the interim order comes into force, and (c) three years after the day on which it takes effect or any shorter period specified in it. Administration and enforcement (5) For the purpose of administration and enforcement, an interim order is deemed to be a regulation described in subsection (2) that may contain the same provisions as the order or whose requirements or conditions are varied or rendered inapplicable by the order. The provisions of the order are subjected to all administration and enforcement provisions — including offence and punishment provisions — applicable to such a regulation. Administrative monetary penalty regime (6) An interim order may designate one or more of its provisions as subject to an administrative monetary penalty regime under the Act described in subsection (2) if that Act authorizes the designation of provisions of a regulation described in that subsection as being subject to the regime. Statutory Instruments Act (7) The Statutory Instruments Act does not apply to an interim order. However, the order must be made publicly available unless, in the opinion of the Minister, its publication is inappropriate due to exceptional circumstances, such as if the publication compromises public safety. Unpublished order (8) A person is not liable to be found guilty of an offence or subjected to an administrative sanction for a contravention of an interim order that, at the time of the alleged contravention, had not been published in the Canada Gazette unless it is proved that, at that time, the person had been notified of the order.