GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canadian Air Transport Security Authority Act — C-11.2 10
Establishment 10 (1) There shall be a board of directors of the Authority consisting of eleven directors, including the Chairperson, appointed by the Governor in Council on the recommendation of the Minister. Directors nominated by airline industry and aerodrome operators (2) Two of the directors must be nominees submitted by the representatives of the airline industry designated under section 11 whom the Minister considers suitable for appointment as directors, and two must be nominees submitted by the representatives of aerodrome operators designated under that section whom the Minister considers suitable for appointment as directors. Tenure of directors (3) Each director holds office during pleasure for any term of not more than five years that will ensure, as far as possible, the expiry in any one year of the terms of office of not more than one half of the directors. Vacancy on board (4) If the Governor in Council has not appointed all of the directors referred to in subsection (1) but the number appointed constitutes a quorum, the directors who have been appointed may exercise all the powers of the board.
Canadian Air Transport Security Authority Act — C-11.2 11
Designation 11 The Minister may designate representatives or classes of representatives of the airline industry and of aerodrome operators to propose nominees to the Minister for appointment to the board.
Canadian Air Transport Security Authority Act — C-11.2 12
Qualifications of directors 12 (1) The directors must be persons who, in the opinion of the Governor in Council, have the experience and the capacity required for discharging their duties and functions. Persons not eligible for appointment (2) No person may be appointed or continue as a director of the Authority who (a) is not a Canadian citizen or a permanent resident under the Immigration and Refugee Protection Act ; (b) is a member of the Senate or House of Commons or a member of a legislature; (c) is employed on a full-time basis in the public service of Canada or of a province; or (d) is a mayor, councillor, officer or employee of a municipality.
Canadian Air Transport Security Authority Act — C-11.2 13
Renewal of term 13 The Governor in Council may renew the term of office of any director for a maximum of one further term of not more than five years.
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Part-time office 14 (1) The directors must carry out the duties and functions of their office on a part-time basis. Directors’ fees (2) The directors must be paid by the Authority the remuneration fixed by the Governor in Council for each day that they attend meetings of the board or any of its committees or perform other duties required of them as directors of the Authority.
Canadian Air Transport Security Authority Act — C-11.2 15
Expenses 15 The directors are entitled to be paid reasonable travel and living expenses incurred by them in the course of performing their duties while absent from their ordinary place of residence.
Canadian Air Transport Security Authority Act — C-11.2 16
Powers, duties and functions 16 The Chairperson must preside at meetings of the board and exercise any powers and perform any duties and functions that are assigned by the by-laws of the Authority.
Canadian Air Transport Security Authority Act — C-11.2 17
Appointment and tenure 17 The chief executive officer of the Authority is to be appointed by the Governor in Council to hold office during pleasure for any term that the Governor in Council considers appropriate. 2002, c. 9, s. 2 "17"; 2012, c. 19, s. 654
Canadian Air Transport Security Authority Act — C-11.2 18
Role of chief executive officer 18 The chief executive officer is responsible for the day-to-day management of the Authority.
Canadian Air Transport Security Authority Act — C-11.2 19
Incapacity or vacancy 19 In the event of the absence or incapacity of, or a vacancy in the office of, the chief executive officer, the board may appoint an employee of the Authority to exercise the powers and perform the duties and functions of the chief executive officer, but the employee has no authority to act as chief executive officer for a period exceeding 90 days without the approval of the Governor in Council. 2002, c. 9, s. 2 "19"; 2012, c. 19, s. 655
Canadian Air Transport Security Authority Act — C-11.2 20
Exclusion 20 The chief executive officer may not be appointed as a director.
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Full-time office 21 (1) The chief executive officer must carry out the duties and functions of his or her office on a full-time basis. Remuneration (2) The Authority must pay the chief executive officer the remuneration fixed by the Governor in Council.
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Expenses 22 The chief executive officer is entitled to be paid reasonable travel and living expenses incurred in the course of performing his or her duties while absent from his or her ordinary place of work.
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Role of the board 23 The board is responsible for the management of the activities and affairs of the Authority.
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By-laws 24 The board may make by-laws respecting the management and conduct of the activities and affairs of the Authority and the carrying out of the duties and functions of the board, including by-laws establishing (a) a code of ethics for the directors, officers and employees of the Authority; (b) committees of the board, including a human resources committee and an audit committee; and (c) contracting policies for the Authority.
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Staff 25 The Authority may employ any officers, employees or agents and retain the services of any technical or professional advisers that it considers necessary for the proper conduct of its activities and affairs and may fix the terms and conditions of their engagement.
Canadian Air Transport Security Authority Act — C-11.2 26
Accident compensation 26 The Chairperson, the chief executive officer and the directors, officers and employees of the Authority are deemed to be employees for the purposes of the Government Employees Compensation Act and to be employed in the public service of Canada for the purposes of any regulations made under section 9 of the Aeronautics Act .
Canadian Air Transport Security Authority Act — C-11.2 27
Safety of the public 27 The provision of screening at an aerodrome is conclusively deemed for all purposes to be a service that is necessary to prevent immediate and serious danger to the safety of the public.
Canadian Air Transport Security Authority Act — C-11.2 28
Contracts with Her Majesty 28 (1) The Authority may enter into contracts, agreements or other arrangements with Her Majesty as if it were not an agent of Her Majesty. Agreements (2) The Authority may enter into agreements with Her Majesty represented by the Minister of Public Safety and Emergency Preparedness or by the Royal Canadian Mounted Police for the provision of services, including services on aircraft, and may make payments in respect of those services. 2002, c. 9, s. 2 "28"; 2005, c. 10, s. 34
Canadian Air Transport Security Authority Act — C-11.2 29
Policing 29 The Authority may, with the approval of the Treasury Board, enter into agreements with the operator of any aerodrome designated by regulation for the purposes of contributing to the costs of policing incurred by that operator in carrying out their responsibilities. 2002, c. 9, s. 2 "29"; 2004, c. 15, s. 25
Canadian Air Transport Security Authority Act — C-11.2 30
Provision of space 30 Every operator of an aerodrome designated by the regulations must provide to the Authority, and maintain free of charge, such space at the aerodrome with services reasonably required by the Authority as the Authority and the operator agree on or, in the absence of agreement, such space at the aerodrome with services reasonably required by the Authority as the Minister determines to be necessary to enable the Authority to carry out its mandate.
Canadian Air Transport Security Authority Act — C-11.2 30.1
Agreement — screening 30.1 (1) The Authority may, with the Minister’s approval and subject to any terms and conditions that the Minister may establish, enter into an agreement respecting the delivery of screening referred to in subsection 6(1) with any person who requests the delivery of such screening. Mandate (2) For greater certainty, the Authority’s mandate under subsection 6(1) includes any screening it delivers, either directly or through a screening contractor, under an agreement entered into under subsection (1). Cost recovery (3) Despite subsection (2), if the Authority delivers screening for which payment of an amount is required from the other party under the terms of an agreement entered into under subsection (1), the delivery of that screening is deemed, for the purposes of recovering that amount, not to be a duty of the Authority under this Act. 2018, c. 10, s. 69
Canadian Air Transport Security Authority Act — C-11.2 31
Audit 31 The Auditor General of Canada is the auditor of the Authority.
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Protection of information 32 (1) Nothing in this Act, Part X of the Financial Administration Act or the Statutory Instruments Act shall be construed as requiring the tabling before either House of Parliament of any information the publication of which, in the opinion of the Minister, would be detrimental to air transport security or public security. Requirement of confidentiality (2) The Authority, authorized aerodrome operators and screening contractors must keep confidential any information the publication of which, in the opinion of the Minister, would be detrimental to air transport security or public security, including financial and other data that might reveal such information.
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Review of Act in five years 33 (1) A review of the provisions and the operation of this Act must be completed by the Minister during the fifth year after this section comes into force. Tabling of report (2) The Minister must cause a report of the results of the review to be laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the report has been completed.
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Regulations by Governor in Council 34 The Governor in Council may make regulations (a) designating aerodromes for the purposes of this Act; and (b) requiring the Authority to provide to the Minister such information as the Minister may request.
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Initial powers 35 Despite any other provision of this Act, pending the initial appointment of the directors, the Chairperson and any directors who have been appointed have all the powers of the board even if their number does not constitute a quorum.
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Transfer of screening equipment 36 (1) The Governor in Council may require the Air Transport Security Corporation to transfer to the Authority, on such terms as the Governor in Council considers appropriate, good title in any or all screening equipment or other assets owned by the Corporation immediately before the coming into force of this section, free and clear of all liens and encumbrances, for such consideration as the Governor in Council may determine, having regard to the amount that the Corporation paid to acquire it as well as other relevant factors. Other transfers to Authority (2) The Governor in Council may require the Air Transport Security Corporation to transfer to the Authority, on such terms as the Governor in Council considers appropriate, any rights, titles, interests or obligations under any contract entered into by the Corporation that is specified by the Minister, despite any contractual restriction on the transfer of those rights, titles, interests or obligations. Transfer to Authority from air carriers (3) The Governor in Council may require air carriers to transfer to the Authority, on such terms as the Governor in Council considers appropriate, their rights, titles, interests or obligations under any contract respecting screening specified by the Minister, despite any contractual restriction on the transfer of those rights, titles, interests or obligations. Transfer of contracts (4) The transfer to the Authority of responsibility for any existing contracts under this section does not affect any rights, responsibilities or obligations acquired under the Canada Labour Code by the contractors, their employees or any trade union certified to represent those employees. Transfer of screening equipment (5) The Governor in Council may transfer to the Authority any screening equipment owned by Her Majesty, including explosive detection equipment, on such terms and conditions as the Governor in Council considers appropriate. Transfer of Her Majesty’s rights, etc., under contract (6) The Governor in Council may transfer to the Authority, on such terms as the Governor in Council considers appropriate, Her Majesty’s rights, titles, interests or obligations under any contract entered into by the Minister before the coming into force of this section respecting a subject-matter that is within the mandate of the Authority. Acceptance of transfers (7) The Authority must accept any transfer made under this section.
Canadian Air Transport Security Authority Act — C-11.2 37
Appropriation 37 The amount of 340 million dollars is appropriated to the Minister from the Consolidated Revenue Fund for payment to the Authority for operating and capital expenditures incurred by it in the fiscal year 2002-2003 in carrying out its mandate, including payments made to authorized aerodrome operators and contributions made to designated airport authorities.
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Agreements to continue delivering screening 38 The Authority may enter into an agreement with an air carrier in order to contribute to the costs of screening at an aerodrome designated by regulation, if the costs are incurred by the air carrier after the day on which this section comes into force and before the day on which the Authority is required under the Aeronautics Act to deliver that screening.
Canadian Air Transport Security Authority Act — C-11.2 39
Financial documents 39 (1) Despite the period prescribed for submitting a corporate plan, an operating budget and a capital budget under the Financial Administration Act , the Authority must, within six months after the coming into force of this section, submit to the Minister in accordance with that Act a corporate plan, an operating budget and a capital budget for its first financial year. Expenditure of funds (2) Until the initial corporate plan, operating budget and capital budget for the Authority have been approved, the Authority may, despite sections 122 to 124 of the Financial Administration Act , expend funds, with the approval of the Minister, that the board considers to be essential for the Authority to become fully operational in a timely manner.
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Canadian Air Transport Security Authority Act 57 Beginning on the transfer date, sections 6 to 9, 27 to 30.1 and 34 of the Canadian Air Transport Security Authority Act are suspended.
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Regulations and places designated 58 On the transfer date, regulations made under paragraph 34(a) of the Canadian Air Transport Security Authority Act are deemed to have been made under section 50 of this Act and any place designated by the Minister under subsection 6(1.1) of that Act is deemed to be designated under subsection 18 (3) of this Act.
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Repeal 62 The Canadian Air Transport Security Authority Act , section 2 of chapter 9 of the Statutes of Canada, 2002, or any of its provisions, is repealed on a day or days to be fixed by order of the Governor in Council.
Canadian Arsenals Limited Divestiture Authorization Act — C-11.4
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Canadian Arsenals Limited Divestiture Authorization Act — C-11.4 1
Short title 1 This Act may be cited as the Canadian Arsenals Limited Divestiture Authorization Act .
Canadian Arsenals Limited Divestiture Authorization Act — C-11.4 2
Definitions 2 (1) In this Act, amalgamated corporation means a corporation that is formed by the amalgamation of the Corporation with another corporation; ( société issue d’une fusion ) Corporation means Canadian Arsenals Limited, a corporation continued under the Canada Business Corporations Act ; ( Société ) Minister means the Minister of Public Works and Government Services. ( ministre ) Same meaning (2) Except as otherwise provided, words and expressions used in this Act have the same meaning as in the Canada Business Corporations Act . 1986, c. 20, s. 2; 1996, c. 16, s. 60
Canadian Arsenals Limited Divestiture Authorization Act — C-11.4
amalgamated corporation means a corporation that is formed by the amalgamation of the Corporation with another corporation; ( société issue d’une fusion )
Canadian Arsenals Limited Divestiture Authorization Act — C-11.4
Corporation means Canadian Arsenals Limited, a corporation continued under the Canada Business Corporations Act ; ( Société )
Canadian Arsenals Limited Divestiture Authorization Act — C-11.4
Minister means the Minister of Public Works and Government Services. ( ministre )
Canadian Arsenals Limited Divestiture Authorization Act — C-11.4 3
Sale of shares 3 (1) The Minister is hereby authorized to sell, on such terms and conditions as are approved by the Governor in Council, any or all of the shares of the Corporation held by the Minister in trust for Her Majesty. Transfer (2) For the purposes of effecting a sale authorized by subsection (1), all property, whether real or personal, rights and interests of Her Majesty used in the business of the Corporation immediately prior to the coming into force of this subsection are transferred from Her Majesty to the Corporation. Exemptions (3) The Governor in Council may, by order, exempt any property, rights or interests of Her Majesty from the application of subsection (2) and transfer the control, management and administration thereof from the Corporation to any Minister or department of the Government of Canada or to any other person or body.
Canadian Arsenals Limited Divestiture Authorization Act — C-11.4 4
Sale or other disposal of assets 4 (1) The Minister may, at any time prior to a sale of shares authorized by section 3, direct the Corporation to sell or otherwise dispose of any or all of the assets of the Corporation, including shares of any other corporation held by the Corporation, on such terms and conditions as are approved by the Governor in Council. Compliance with direction (2) On receiving a direction under subsection (1), the Corporation is hereby authorized to sell or dispose of the assets of the Corporation in accordance with the direction and shall comply with the direction. Provisions not applicable (3) Subsections 183(2) to (8) of the Canada Business Corporations Act and subsections 108(2) to (5) of the Financial Administration Act do not apply in respect of any sale or other disposal of assets of the Corporation authorized by subsection (2).
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Articles of amendment 5 (1) The directors of the Corporation or any amalgamated corporation shall prepare in accordance with section 6 and submit to the Minister for approval proposed articles of amendment of the Corporation or amalgamated corporation within four months after this section comes into force. Submission to Director (2) Notwithstanding any other Act of Parliament, within two weeks after the Minister approves any articles of amendment submitted to him pursuant to subsection (1), the directors of the Corporation or the amalgamated corporation, as the case may be, shall send the approved articles of amendment to the Director. Presumption (3) Articles of amendment sent to the Director in compliance with this section are, subject to this Act, deemed for all purposes to have been sent under section 171 of the Canada Business Corporations Act .
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Provisions included in articles of amendment 6 (1) Notwithstanding the Canada Business Corporations Act , the articles of amendment referred to in section 5 shall contain (a) provisions imposing constraints on the issue, transfer and ownership of securities of the Corporation or amalgamated corporation to prevent non-residents from holding or beneficially owning, otherwise than by way of security only, in the aggregate securities to which are attached more than twenty-five per cent of the votes that may ordinarily be cast to elect directors of the Corporation or amalgamated corporation; and (b) provisions respecting the enforcement of the constraints imposed pursuant to paragraph (a). Enforcement provisions (2) Without limiting the generality of paragraph (1)(b), the provisions therein referred to may provide for the filing of declarations, the suspension of voting rights, the forfeiture of dividends or the refusal of registration of securities. Securities held or beneficially owned jointly (3) For the purposes of this section, where a security of the Corporation or an amalgamated corporation is held or beneficially owned jointly and one or more of the joint holders or beneficial owners is a non-resident, the security is deemed to be held by a non-resident. Definitions (4) In this section, corporation includes a body corporate, association, partnership or other organization; ( société ) non-resident means (a) an individual, other than a Canadian citizen, who is not ordinarily resident in Canada, (b) a corporation incorporated, formed or otherwise organized outside Canada, (c) the government of a foreign state or any political subdivision thereof, or a person empowered to perform a function or duty on behalf of such a government, (d) a corporation that is controlled directly or indirectly by non-residents as defined in any of paragraphs (a) to (c), (e) a trust (i) established by a non-resident as defined in any of paragraphs (b) to (d), other than a trust for the administration of a pension fund for the benefit of individuals a majority of whom are residents, or (ii) in which non-residents as defined in any of paragraphs (a) to (d) have more than fifty per cent of the beneficial interest, or (f) a corporation that is controlled directly or indirectly by a trust described in paragraph (e); ( non-résident ) resident means an individual, corporation, government or trust that is not a non-resident. ( résident )
Canadian Arsenals Limited Divestiture Authorization Act — C-11.4
corporation includes a body corporate, association, partnership or other organization; ( société )
Canadian Arsenals Limited Divestiture Authorization Act — C-11.4 (a)
non-resident means (a) an individual, other than a Canadian citizen, who is not ordinarily resident in Canada, (b) a corporation incorporated, formed or otherwise organized outside Canada, (c) the government of a foreign state or any political subdivision thereof, or a person empowered to perform a function or duty on behalf of such a government, (d) a corporation that is controlled directly or indirectly by non-residents as defined in any of paragraphs (a) to (c), (e) a trust (i) established by a non-resident as defined in any of paragraphs (b) to (d), other than a trust for the administration of a pension fund for the benefit of individuals a majority of whom are residents, or (ii) in which non-residents as defined in any of paragraphs (a) to (d) have more than fifty per cent of the beneficial interest, or (f) a corporation that is controlled directly or indirectly by a trust described in paragraph (e); ( non-résident )