Section 1 – Overview
Administrative Tribunals Support Service of Canada Act
Clause-by-clause review of the ATSSC Act (2014)
Clause 376
This clause enacts the Administrative Tribunals Support Service of Canada Act ("the ATSSC Act"), which establishes the Administrative Tribunals Support Service of Canada ("the Service"), a new body which will centralize and coordinate the provision of support services for specified federal administrative tribunals.
Section 1 sets out the short title of the Act. This is the name to be used when referring to the proposed ATSSC Act.
Section 2 specifies that the following definitions apply in the ATSSC Act:
An "administrative tribunal" means a body that is specified in the schedule to the Act, which appears in the Bill at Schedule 6. The tribunals listed are:
the Canada Industrial Relations Board,
the Canadian Cultural Property Export Review Board,
the Canadian Human Rights Tribunal,
the Canadian International Trade Tribunal,
the Competition Tribunal,
the Public Servants Disclosure Protection Tribunal,
the Review Tribunal established under the Canada Agricultural Products Act,
the Specific Claims Tribunal,
the Social Security Tribunal and
the Transportation Appeal Tribunal of Canada.
On the coming into force of the Public Service Labour Relations and Employment Board Act, which amalgamates the Public Service Staffing Tribunal and the Public Service Labour Relations Board, the combined Public Service Labour Relations and Employment Board will be added to the schedule of the ATSSC Act by operation of the coordinating amendments at the end of this Division.
The "Chief Administrator" is the person appointed under s. 5(1) to head the Service.
The "Minister" is defined as the Minister of Justice.
"Service" means the Administrative Tribunais Support Service of Canada.
Section 3 creates the Service, which consists of its Chief Administrator and employees and is established as a portion of the federal public administration.
Subsection 4(1) provides that the principal office of the Service is to be located in the National Capital Region. Under subsection 4(2), the Chief Administrator may set up Service offices elsewhere in Canada. This provision refers to the support that the Service will provide to any of the specialized tribunals that carry out their functions in the regions.
Subsection 5(1) specifies that the Chief Administrator of the Service is appointed at pleasure by the Governor in Council for a term of up to five years. Under subsection 5(2), the Chief Administrator may be re-appointed at the end of each term.
Section 6 states that the Chief Administrator's rank and status is that of a deputy head of a department.
Subsections 7(1) and 7(2) provide that where the Chief Administrator is absent or incapacitated or the Chief Administrator's office is vacant, the Minister must appoint a person to act as Chief Administrator, who assumes the powers and duties of the Chief Administrator. This person cannot perform this role for over 90 days without Governor in Council approval.
Subsection 8(1) indicates that the Chief Administrator's salary is to be fixed by the Governor in Council and specifies the expenses which he or she is entitled to be paid. Subsection 8(2) makes the Public Service Superannuation Act, Government Employees Compensation Act, and any regulations made under section 9 of the Aeronautics Act apply to the Chief Administrator as though he or she were employed in the public service.
Section 9 declares that the Chief Administrator is the chief executive officer of the ATSSC and is the person who has the control and management of the Service and all related matters. This indicates that the Chief Administrator has all necessary human resources authorities to manage the Service and that the Service is an arm's-length body that is subject to the management and direction of its deputy head, not that of a minister.
Section 1 0 states that it is the Chief Administrator's responsibility to provide support services and facilities to the specified tribunals. The services and facilities to be provided are those that are required for the tribunals to perform their duties in accordance with all applicable rules. The rules that will apply are those that are provided for in the legislation related to each tribunal, including rules made by the tribunals themselves, as well as the common law rules that apply to administrative tribunals.
Subsection 11(1) provides the Chief Administrator with all the powers required to carry out any of his or her duties and functions under this Act or any other Act of Parliament.
Subsection 11(2) provides the Chief Administrator with authority to engage the services of persons having technical or specialized knowledge including, for example, legal counsel or other experts. This will allow the Chief Administrator to provide the tribunals with the services of the specialized advisors they may need to advise or assist them in carrying out their functions.
Section 12 states that the Chief Administrator cannot, in performing his or her role, exercise any of the powers, duties or functions conferred on the administrative tribunals or their members. Section 12 and section 14 together delineate the relative rates of the Service and the tribunals. The Chief Administrator's responsibility is to provide services and facilities to support the work of the tribunals, while the tribunals retain all of the powers, duties and functions which the law has conferred on them.
Section 13 allows the Chief Administrator to delegate to an employee of the Service any of his or her powers, duties or functions.
Section 14 confirms, for greater certainty, that the chairpersons of the specified tribunals continue to supervise and direct the substantive work of their tribunals, as provided for in the tribunals' statutes. lt should be read with section 12, which indicates that the Chief Administrator's authority does not extend to performing the duties or functions conferred by law on the tribunals or their members.
Section 15 states that employees of the Service are to be appointed under the Public Service Employment Act (PSEA) - i.e. by the deputy head, under a delegation from the Public Service Commission. The employees of all of the tribunals in the schedule to the Act, except one, are currently appointed under the PSEA, so there will be no change in how they are staffed and promoted following their transfer to the Service. The one exception is the employees of the Public Service Labour Relations and Employment Board, whose legislation provides that they would have been staffed through a separate staffing authority. The legislation with respect to that Board will not come into effect until after the ATSSC Act and the Board's employees will be immediately transferred to the Service. At that time, like the rest of the Service, those employees will come under the jurisdiction of the PSEA.
Section 16 provides that any document or notice that is required to be filed with one of the specified tribunals must now be filed with the Service, which will provide all necessary registry and other support services to each of the tribunals, including document handling and storage.
Section 17 requires that any amount payable to an administrative tribunal by a provision of an Act of Parliament or a regulation must be paid to the Service, which will also provide all financial services for each of the specified tribunals.
Section 18 specifies that all of the operating costs for the specified tribunals are now to be paid out of moneys appropriated by Parliament for the Service. This will include all salaries and other expenses, including witness fees and other amounts that are required to support the tribunals' operations.
Transitional Provisions
Clause 377
Clause 377 provides definitions for the purposes of the transitional provisions, clauses 378 to 381,specifying that "administrative tribunal" refers to the tribunals listed at paragraphs (a) to (k) of the clause and that "Registry" refers to the Registries of the Competition Tribunal, the Public Servants Disclosure Protection Tribunal and the Specific Claims Tribunal. The words "Chief Administrator" and "Service" have the same meaning as in the ATSSC Act.
Clause 378
the Canadian Human Rights Tribunal, the Canada lndustrial Relations Board, the Canadian International Trade Tribunal and the Transportation Appeal Tribunal of Canada;
the Public Service Labour Relations and Employment Board (on the coming into force of the legislation that creates that Board);
the Registries of the Competition Tribunal, the Public Servants Disclosure Protection Tribunal and the Specific Claims Tribunal; and
the units in the Departments of Canadian Heritage, Agriculture and Agri-Food and Employment and Social Development who provide support to the Canadian Cultural Property Export Review Tribunal, the Canada Agricultural Review Tribunal and the Social Security Tribunal, respectively.
Clause 378(5) ensures that transferred employees who occupied managerial or confidential positions at the time of their transfer continue to occupy such positions following their transfer to the Service.
Clause 379
Clause 379 provides that the persons transferred under clause 378 retain the authority to exercise any adjudicative, investigative or other substantive powers or duties that an administrative tribunal had conferred on them with respect to a matter that is before that tribunal when this Division comes into force.
Clause 380
Clause 380 provides that the following amounts will be deemed to have been appropriated for the purposes of the Service, if unexpended on the day that this Division comes into force:
the amounts appropriated for defraying the expenditure of the Canadian Human Rights Tribunal, the Canada lndustrial Relations Board, the Canadian International Trade Tribunal and the Transportation Appeal Tribunal of Canada;
the amounts appropriated for defraying the expenditure of the Public Service Labour Relations Board and the Public Service Staffing Tribunal (this provision will come into force when the Public Sector Labour Relations and Employment Act comes into force);
the amounts appropriated for defraying the expenditure of the Registries of the Competition Tribunal, the Public Servants Disclosure Protection Tribunal and the Specific Claims Tribunal; and
- (7) the amounts appropriated for defraying the expenditures of the Department of Canadian Heritage; the Department of Agriculture and Agri-Food and the Canadian Food Inspection Agency; and the Department of Employment and Social Development that are related to the Canadian Cultural Property Export Review Tribunal; the Canada Agricultural Review Tribunal; and the Social Security Tribunal, respectively.
Clause 381
Clause 381(1) provides that the Chief Administrator of the Service will assume responsibility for all contracts for goods and services related to one of the specified administrative tribunals entered into by members, officers or employees of one of the tribunals or of the registries of the tribunals or by the Minister of Canadian Heritage, the Minister of Agriculture and Agri-Food or the Minister of Employment and Social Development or an officer or employee of one of their departments.
Clause 381(2) provides that the contracts referred to in clause 381(1) must now be read as though they referred to the Chief Administrator of the Service, rather than to one of the people referred to in that clause.
Consequential Amendments
Clauses 382 to 388
Clauses 382 to 388 amend Schedule 1 to the Access to Information Act, the Schedule that lists the "government institutions" covered by that Act, by removing any of the tribunals whose support services will now be provided by the Service. Those tribunals will cease to be "government institutions" within the meaning of that Act since their records will now be handled and stored by the Service. The Service will then be added to that schedule, indicating that access to information requests related to any of the specified tribunals (including those not previously subject to the Access to Information Act ) will now be handled by the Service.
Clause 382 amends Schedule 1 of the Access to Information Act by striking out under the heading "other government institutions" the reference to the Canada lndustrial Relations Board.
Clause 383 amends Schedule 1 of the Access to Information Act by striking out under the heading "other government institutions" the reference to the Canadian Cultural Property Export Review Board.
Clause 384 amends Schedule 1 of the Access to Information Act by striking out under the heading "other government institutions" the reference to the Canadian Human Rights Tribunal.
Clause 385 amends Schedule 1 of the Access to Information Act by striking out under the heading "other government institutions" the reference to the Canadian International Trade Tribunal.
Clause 386 amends Schedule 1 of the Access to Information Act by striking out under the heading "other government institutions" the reference to the Registry of the Public Servants Disclosure Protection Tribunal.
Clause 387 amends Schedule 1 of the Access to Information Act by striking out under the heading "other government institutions" the reference to the Specific Claims Tribunal.
Clause 388 adds the Service to the list of "other government institutions" in Schedule 1 of the Access to Information Act.
Clause 389
Clause 389 replaces section 89 of the Competition Act, which required the Competition Tribunal to maintain a public register of specialization agreements at its former Registry, with a provision that:
By subsection 89(1), simply requires the Tribunal to maintain and update the register of specialization agreements; and,
By subsection 89(2), specifies that the register is accessible to the public.
The Service will now carry out these functions on behalf of the Tribunal.
Clause 390
Clause 390 amends the Cultural Property Export and Import Act in order to indicate that it will be the Chief Administrator of the Service, rather than the Minister of Canadian Heritage, who will now engage the services of valuation experts to assist the Canadian Cultural Property Export Review Board.
Clause 391
Clause 391 repeals section 23 of the Cultural Property Export and Import Act, which required the Minister of Canadian Heritage to provide administrative services to the Canadian Cultural Property Export Review Board. Those services will now be provided to that Board by the Service.
Clause 392
Clause 392 amends subsection 33(2) of the Cultural Property Export and Import Act by removing the reference to "[a]n official of the Department of Canadian Heritage" and instead allows an official of the Service to communicate required tax information to the Canada Revenue Agency, a function that will be part of providing support to the Canadian Cultural Property Export Review Board. This is consistent with the change made to the Income Tax Act by clause 458.
Clause 393
Clause 393 amends the Excise Tax Act by deleting a reference to the Secretary of the Canadian International Trade Tribunal. This is a position that will cease to exist in legislation on the coming into force of the ATSSC Act. The duties that were formerly performed by the Secretary will be performed by the Service on behalf of the Tribunal.
Clauses 394 to 399
Clauses 394 to 399 amend Schedule 1.1 of the Financial Administration Act by removing the references to tribunals who will now receive their support services and facilities from the Service. Since the money to pay for the operation of these tribunals will now form part of the appropriation for the Service, the tribunals (or in some cases the registries of the tribunals) will cease to be "departments" for financial administration purposes. The Bill consequently removes these tribunals or, where appropriate, the tribunal registries from Schedule 1.1, together with the reference to their "appropriate ministers". The Service is then added to the Schedule as a department under the Act, along with the Minister of Justice, as the appropriate minister for the Service.
Clause 394 amends Schedule 1.1 of the Financial Administration Act by removing the reference to the Canada lndustrial Relations Board and Minister of Labour.
Clause 395 amends Schedule 1.1 of the Financial Administration Act by removing the reference to the Canadian Human Right Tribunal and Minister of Justice
Clause 396 amends Schedule 1.1 of the Financial Administration Act by removing the reference to the Canadian International Trade Tribunal and Minister of Finance.
Clause 397 amends Schedule 1.1 of the Financial Administration Act by removing the reference to the Registry of the Competition Tribunal, the Registry of the Public Servants Disclosure Protection Tribunal, and the Registry of the Specific Claims Tribunal, as well as the corresponding references to the Minister of lndustry, Minister of Canadian Heritage, and the Minister of lndian Affairs and Northern Development.
Clause 398 amends Schedule 1.1 of the Financial Administration Act by removing the reference to the Transportation Appeal Tribunal of Canada and Minister of Transport.
Clause 399 amends Schedule 1.1 of the Financial Administration Act by adding a reference to the Service and Minister of Justice.
Clauses 400 to 406
Clauses 400 to 406 amend Schedule IV of the Financial Administration Act by removing the references to tribunals who will now receive support services and facilities from the Service. Since all the employees who support the tribunals will now be located in the Service, rather than in the tribunals, the tribunals (or in some cases the registries of the tribunals) will cease to be portions of the federal public administration for the purposes of the human resource management portions of that Act. The Bill consequently removes these tribunals or, where appropriate, the tribunal registries, from Schedule IV. The Service is then added to this Schedule as a portion of the federal public administration. This will have the effect of making the deputy head of the Service, the Chief Administrator, responsible for the human resources management of that portion of the federal public administration.
Clause 400 amends Schedule IV of the Financial Administration Act by removing the reference to the Canadian lndustrial Relations Board.
Clause 401 amends Schedule IV of the Financial Administration Act by removing the reference to the Canadian Human Rights Tribunal.
Clause 402 amends Schedule IV of the Financial Administration Act by removing the reference to the Canadian International Trade Tribunal.
Clause 403 amends Schedule IV of the Financial Administration Act by removing the reference to the Competition Tribunal.
Clause 404 amends Schedule IV of the Financial Administration Act by removing the references to the Registry of the Public Servants Disclosure Protection Tribunal and the Registry of the Specific Claims Tribunal.
Clause 405 amends Schedule IV of the Financial Administration Act by removing the reference to the Transportation Appeal Tribunal of Canada.
Clause 406 amends Schedule IV of the Financial Administration Act by adding a reference to the Service.
Clauses 407 to 413
Clauses 407 to 413 amend Part Ill of Schedule VI of the Financial Administration Act by removing the references to tribunals who will now receive support services and facilities from the Service. Schedule VI contains a list of ail entities which are departments under this Act and indicates for each department who its accounting officer is. The accounting officer for each department has the responsibilities set out in s. 16.4 of the Act, which include being accountable before appropriate committees of the Senate and House of Commons for matters related to the administration of the department. Since these tribunals (or in some cases the registries of the tribunals) will no longer be departments for purposes of this Act, the Bill removes the tribunals or, where appropriate, the tribunal registries from Schedule IV. The Service is then added to this part of Schedule VI as a department. The Chief Administrator is identified as its accounting officer.
Clause 407 amends Part Ill of Schedule VI of the Financial Administration Act by removing the reference to the Canada lndustrial Relations Board, as well as the corresponding reference to the Board's Chairperson.
Clause 408 amends Part Ill of Schedule VI of the Financial Administration Act by removing the reference to the Canadian Human Rights Tribunal, as well as the corresponding reference to the Tribunal's Chairperson.
Clause 409 amends Part Ill of Schedule VI of the Financial Administration Act by removing the reference to the Canadian International Trade Tribunal, as well as the corresponding reference to the Tribunal's Chairperson.
Clause 410 amends Part Ill of Schedule VI of the Financial Administration Act by removing the reference to the Public Servants Disclosure Protection Tribunal and corresponding reference to the tribunal's Registrar.
Clause 411 amends Part Ill of Schedule VI of the Financial Administration Act by removing the references to the Registry of the Competition Tribunal and Registry of the Specific Claims Tribunal, as well as the corresponding references to each tribunal's Registrar.
Clause 412 amends Part Ill of Schedule VI of the Financial Administration Act by removing the reference to the Transportation Appeal Tribunal of Canada, as well as the corresponding reference to the tribunal's Chairperson.
Clause 413 amends Part Ill of Schedule VI of the Financia/ Administration Act by adding a reference to the Service, as well as a corresponding reference to the Chief Administrator as accounting officer.
Clause 414
Clause 414 amends subsection 48.4( 2) of the Canadian Human Rights Act by deleting,from the description of the role of the Chairperson, the words "is the chief executive officer of the Tribunal." This term refers to the management of staff and financial resources, which will now be unnecessary as those resources will be provided by the Service.
Clause 415
Clause 415 repeals subsection 48.8 of the Canadian Human Rights Act which deals with the appointment of staff and contracting for services. The staff and services necessary for the work of the Tribunal will now be provided by the Chief Administrator of the Service.
Clause 416
Clause 416 amends section 12.01 of the Canada Labour Code to clarify the role of the Chairperson of the Canada lndustrial Relations Board by:
Removing, in subsection 12.01(1), the words "is the chief exclusive officer of the Tribunal." This term refers to the management of staff and financial resources, which will now be unnecessary as those resources will be provided by the Service;
Removing the reference to the duties of the staff of the Board in subsection 12.0l( l)(f) as the Board will no longer have any staff; and
Removing the authority that allowed delegations to Board staff of matters concerning the duties of staff and the management of the Board's internal affairs by repealing subsection 12.01(3).
Clause 417
Clause 417 amends section 13 and repeals section 13.1 of the Canada Labour Code in order to
Remove the authority of the Chairperson of the Canada lndustrial Relations Board to establish offices elsewhere than the National Capital Region - regional offices will now be established by the Chief Administrator of the Service; and
Repeal the provision concerning staffing as the staff required for the work of the Board will be provided by the Service.
Clause 418
Clause 418 amends paragraph 15(p) of the Canada Labour Code which formerly allowed the Canada lndustrial Relations Board to make regulations respecting the authority of an employee of that Board to act on behalf of the Board by making decisions regarding uncontested applications or questions before the Board. The provision will now allow the Board to make those same regulations, but with respect to the authority of an employee of the Service.
Clause 419
Clause 419 amends subsection 15.1(1) of the Canada Labour Code to allow the Canada lndustrial Relations Board to authorize an employee of the Service to assist parties in resolving issues in dispute during a proceeding before the Board.
Clause 420
Clause 420 amends section 119 of the Canada Labour Code and adds a new subsection 119(2}. The amendments will have the effect of extending the protection from being required to give evidence in any civil proceeding to the Chief Administrator and employees of the Service, in respect of information obtained in the discharge of their duties while providing services to the Canada lndustrial Relations Board.
Clauses 421 to 427
Clauses 421 to 427 amend the schedule to the Privacy Act which lists the "government institutions" covered by that Act by removing any of the tribunals whose support services will now be provided by the Service. This is because those tribunals will cease to be "government institutions" within the meaning of that Act since their records will now be handled and stored by the Service. The Service will then be added to that schedule, indicating that the management of persona! information related to any of the specified tribunals (including those not previously subject to the Privacy Act ) will now be handled by the Service.
Clause 421 amends the schedule to the Privacy Act by striking out under the heading "other government institutions" the reference to the Canada lndustrial Relations Board.
Clause 422 amends the schedule to the Privacy Act by striking out under the heading "other government institutions" the reference to the Canadian Cultural Property Export Review Board.
Clause 423 amends the schedule to the Privacy Act by striking out under the heading "other government institutions" the reference to the Canadian Human Rights Tribunal.
Clause 424 amends the schedule to the Privacy Act by striking out under the heading "other government institutions" the reference to the Canadian International Trade Tribunal.
Clause 425 amends the schedule to the Privacy Act by striking out under the heading "other government institutions" the reference to the Registry of the Public Servants Disclosure Protection Tribunal.
Clause 426 amends the schedule to the Privacy Act by striking out under the heading "other government institutions" the reference to the Specific Claims Tribunal.
Clause 427 amends the schedule to the Privacy Act by adding under the heading "other government institutions" a reference to the Service.
Clauses 428 to 439
Clause 428 amends the Special Import Measures Act by repealing the definition of "Secretary" under subsection 2(1) of the legislation. This Act, the Canadian International Trade Tribunal Act and other related legislation are amended by the Bill to remove references to the role of Secretary to the Tribunal. The provisions that confer duties on the Secretary will now simply refer to the Tribunal, which will rely on the support of the Service to carry out those duties.
Clauses 429 to 439 amend specific provisions of the Special Import Measures Act to bring about this change.
Clause 440
Clause 440 is a housekeeping amendment that alters the French version of section 77.14 of the Special Import Measures Act by removing the reference to 'secrétaire'. The French version will now correspond more closely with the English version of the text, which makes no reference to 'secretary'.
Clauses 441 to 443
Clauses 441 to 443 amend the rest of the sections of the Special Import Measures Act that make reference to the Secretary of the Canadian International Trade Tribunal. The provisions that confer duties on the Secretary will now simply refer to the Tribunal, which will rely on the support of the Service to carry out those duties.
Clause 444
Clause 444 provides that the amendments to the Special Import Measures Act brought about by this Bill will apply to goods of a NAFTA country, as required by Article 1902 of the North American Free Trade Agreement.
Clause 445
Clause 445 amends section 71 of the Customs Act to delete a reference to the Secretary of the Canadian International Trade Tribunal. The duties that were formerly performed by the Secretary will be performed by the Service on behalf of the Tribunal.
Clause 446
Clause 446 amends three more provisions of the Customs Act, subsections 60.2(2), 67(1) and (2) and 67.1(3), to remove references to the Secretary of the Canadian International Trade Tribunal. The duties that were formerly performed by the Secretary will be performed by the Service on behalf of the Tribunal.
Clause 447
Clause 447 amends the Competition Tribunal Act by repealing section 14, which provides for the Registry of the Competition Tribunal and related staffing authorities. The functions of the Registry will now be performed by the Service
Clause 448
Clause 448 amends section 16 of the Competition Tribunal Act, the Competition Tribunal's rule-making authority, by deleting from paragraph 16(1)(b) the following reference: "and the duties of its officers and employees." The Tribunal will no longer have officers and employees, as its support services will be provided by the Service.
Clause 449
Clause 449 deletes the references to the Canada Agricultural Review Tribunal in section 4.3 of the Canada Agricultural Products Act. lt removes the reference to the Tribunal entering into service contracts, as this will now be done by the Chief Administrator of the Service, but retains those references for the Board of Arbitration established under that Act.
Clause 450
Clause 450 deletes the reference to the Chairperson of the Canada Agricultural Review Tribunal in subsection 5(3) of the Canada Agricultural Products Act and adds a new subsection 5(4). Subsection 5(3) makes the Chairperson "the chief executive officer of the Tribunal", a term which refers to the management of staff and financial resources, which will now be unnecessary as those resources will be provided to the Tribunal by the Service. The reference in subsection 5(3) ta the Chairperson of the Board of Arbitration established under that Act is retained. The new subsection 5(4) retains the authority of the Chairperson of the Tribunal to apportion work among the members of the Tribunal.
Clause 451
Clause 451 removes the reference to the Canada Agricultural Review Tribunal in subsection 6(4) of the Canada Agricultural Products Act, which allows the Minister of Agriculture and Agri-Food to provide the tribunal with staff, facilities and advisors. Those services will now be provided to the Tribunal by the Service. The provision retains the reference to the Board of Arbitration established under that Act.
Clause 452
Clause 452 amends section 7 of the Canadian International Trade Tribunal Act by removing the reference to the Chairperson of the Canadian International Trade Tribunal being the Tribunal's "chief executive officer", a term which refers to the management of staff and financial resources, which will now be unnecessary as those resources will be provided to the Tribunal by the Service. Paragraph 7(b) is amended by removing the reference to "the duties of the staff of the Tribunal" as the staff that support the Tribunal will now be provided by the Service.
Clause 453
Clause 453 repeals sections 14 and 15 of the Canadian International Trade Tribunal Act which provide, respectively, for the appointment of the Secretary of the Canadian International Trade Tribunal and the appointment of the Tribunal's staff. The services formerly provided by the Secretary and the Tribunal's staff will now be provided by the Service.
Clause 454
Clause 454 amends section 44.1 of the Canadian International Trade Tribunal Act by removing the reference to the Secretary of the Canadian International Trade Tribunal and replacing it with a reference to "the Tribunal". This subsection deals with the provision of information to a NAFTA country about proceedings before the Tribunal, a function for which the Tribunal will now be supported by the Service.
Clause 455
Clause 455 amends section 45 of the Canadian International Trade Tribunal Act in two places.
Clause 455(1) amends subsection 45(3.1) by changing the description of the experts to whom the Canadian International Trade Tribunal may disclose information to which subsection 45(1) applies. lnstead of "an expert retained by the Tribunal", the provision will now refer to "an expert engaged to advise or assist the Tribunal", reflecting the fact that the expert will now be retained by the Service.
Clause 455(2) amends subsection 45(5) by adding,to the categories of persons included in the term "expert", a reference to persons engaged by the Service to advise or assist the Tribunal.
Clause 456
Clause 456 amends paragraph 49(b) of the Canadian International Trade Tribunal Act by removing the reference to the Secretary of the Canadian International Trade Tribunal in the description of information or material filed with the Tribunal. Such information will now be filed with the Service, in accordance with section 16 of the ATSSC Act.
Clause 457
Clause 457 provides that the amendments to the Canadian International Trade Tribunal Act brought about by the Bill will apply to goods of a NAFTA country, as required by Article 1902 of the North American Free Trade Agreement.
Clause 458
Clause 458 amends subparagraph 241(4)(d)(xii) of the Income Tax Act by substituting for the reference to an official of the Department of Canadian Heritage a reference to an official of the Service. This provision deals with the disclosure of information to such an official for the purposes of administering the Cultural Property Export and Import Act, which is the responsibility of the Canadian Cultural Property Export Review Board, one of the tribunals to be supported by the Service. The amendment is consistent with that made at clause 392.
Clause 459
Clause 459 amends Schedule 1 to the Public Sector Compensation Act by adding the name of the Service. This ensures that the employees who become employees of the Service are still governed by that Act.
Clause 460
Clause 460 amends subsection 19(2) of the Status of the Artist Act by providing that the Canada lndustrial Relations Board may, in order to achieve the purpose of that Act, consult with staff of the Service, replacing a reference to consultations with the staff of the Board.
Clause 461
Clause 461 amends subsection 53{4) of the Status of the Artist Act by providing that the Canada lndustrial Relations Board may appoint an employee of the Service to assist the parties in a complaint before the Board to settle the matter.
Clause 462
Clause 462 amends section 65 of the Status of the Artist Act by extending the protection from being required to give evidence in any civil proceeding to employees of the Service and the Chief Administrator, in respect of information obtained in the discharge of their duties while providing services to the Canada lndustrial Relations Board.
Clause 463
Clause 463 repeals subsection 28(7) of the Employment Equity Act, which provides for the Chairperson of the Canadian Human Rights Tribunal to engage the services of specialists to assist an Employment Equity Review Tribunal established by the Chairperson under that Act. Ali such specialists will now be engaged by the Chief Administrator of the Service.
Clause 464
Clause 464 amends subsection 5(1) of the Transportation Appeal Tribunal of Canada Act by removing the reference to the Chairperson of the Transportation Appeal Tribunal of Canada being the "chief executive officer" of the Tribunal. This term refers to the management of staff and financial resources and will no longer be necessary, as those resources will be provided by the Chief Administrator of the Service. The amendment also removes a reference to the Tribunal's staff, for the same reason.
Clause 465
Clause 465 repeals section 10 of the Transportation Appeal Tribunal of Canada Act, which deals with the appointment of staff and the engaging of the services of experts. Staff and expert services will now be provided to the Transportation Appeal Tribunal of Canada by the Service.
Clause 466
Clause 466 amends the Department of Employment and Social Development Act by adding section 60.1 which will allow the Minister of Employment and Social Development to provide the Service with administrative services and facilities that it needs in order to provide support ta the Social Security Tribunal. The provision is intended to facilitate support for that Tribunal, which frequently sits in small regional centres served by Service Canada offices. Subsection 60.1{2) provides authority for that Minister to expend any revenues he receives from the Service as a result of providing those services.
Clause 467
Clause 467 amends section 63 of the Department of Employment and Social Development Act by specifying that the Chief Administrator of the Service, rather than the Minister of Employment and Social Development, will determine the amounts to be paid to persons required to attend a hearing of the Social Security Tribunal and that those amounts will be paid out of moneys appropriated for the purposes of the Service.
Clause 468
Clause 468 removes section 20.8 of the Public Servants Disclosure Protection Act, which establishes the Registry of the Public Servants Disclosure Protection Tribunal. Registry and all other support services for that Tribunal will now be provided by the Service.
Clause 469
Clause 469 removes section 10 of the Specific Claims Tribunal Act, which establishes the Registry of the Specific Claims Tribunal. Registry and ail other support services for that Tribunal will now be provided by the Service.
Clause 470
Clause 470 amends subsection 12(1) of the Specific Claims Tribunal Act by removing the Tribunal's responsibility to make rules governing the duties of Tribunal staff. The staff necessary to support the work of the Tribunal will now be provided by the Service.
Clause 471
Clause 471 amends vario.us provisions of the Public Service Labour Relations and Employment Act, as enacted by section 365 of the Economie Action Plan 2013 Act, No.2. That Act, which is not yet in force, establishes the Public Service Labour Relations and Employment Board which, as soon as it is operational, will receive its support services and facilities from the Service.Clause 471 amends the following provisions of that Act:
Section 13 is amended by removing the responsibility of the Chairperson of the Public Service Labour Relations and Employment Board to establish regional offices. The Chief Administrator of the Service will now establish the regional offices needed to support the Board's work.
Section 23 is amended to allow the Public Service Labour Relations and Employment Board to authorize an employee of the Service, rather than an employee of the Board, to assist parties in resolving issues in dispute during a proceeding before the Board.
Section 25 is amended to remove the reference to the Chairperson of the Public Service Labour Relations and Employment Board as the "chief executive officer" of that Board. This term refers to the management of staff and financial resources, which will now be unnecessary as those resources will be provided by the Service.
Sections 28 and 29 are removed. Those sections provided for the employment and management of the employees of the Public Service Labour Relations and Employment Board. The employees who support the Board's work will now be provided by the Service.
Section 30 is amended to indicate that the mediators and other experts who are required to assist the Public Service Labour Relations and Employment Board will now be engaged by the Chief Administrator of the Service.
Section 31 is amended by adding subsection 31(2), which extends the protection from being required to give evidence in any civil proceeding to employees of the Service and the Chief Administrator in respect of information obtained in the discharge of their duties while providing services to the Public Service Labour Relations and Employment Board.
Section 33 is amended by adding subsection 33(2), which extends to employees of the Service and the Chief Administrator the protection from being held criminally or civilly liable for anything done in good faith in the discharge of their duties while providing services to the Public Service Labour Relations and Employment Board.
Clause 472
Clause 495 amends paragraph 2()(a) of the Public Service Labour Relations and Employment Board Act, as enacted by section 365 of the Economie Action Plan 2013 Act, No.2, to reflect the change to section 30 of that Act made by clause 471.
Clause 473
Clause 473 removes subsection 35(1.1) of the Public Service Employment Act, which was added to that Act by the Economie Action Plan 2013 Act, No. 2. Subsection 35(1.1) had the effect of ensuring that persons employed by the Public Service Labour Relations and Employment Board could not make complaints about staffing processes to the Board. The employees who support the work of the Board will now be provided by the Service.
Clause 474
Clause 474 amends subsection 111(2) of the Public Service Employment Act, as amended by the Economie Action Plan 2013 Act, No. 2, by removing the reference to the Chairperson of the Public Service Labour Relations and Employment Board being a "deputy head" for the purposes of that Act. Since staffing of positions that will provide support for that Board will now be handled by the Service, the Chairperson of the Board will not need that authority.
Clauses 475 to 479
Clauses 475 to 479 remove the Public Service Labour Relations and Employment Board from the schedules to the Access to Information Act, the Financial Administration Act and the Privacy Act, to which it was to be added by the Economie Action Plan 2013 Act, No. 2.
Coordinating Amendments
Clause 480
Clause 480 enacts coordinating amendments to take into account the coming into force of the Safe Food for Canadians Act, which repeals the Canada Agricultural Products Act and amends the Agriculture and Agri-Food Administrative Monetary Penalties Act by adding new provisions to deal with the Canada Agricultural Review Tribunal. The amendments made by clause 480 are as follows:
an amendment to subsection 33(1) of the Agriculture and Agri-Food Administrative Monetary Penalties Act to remove the reference to the Chairperson of the Review Tribunal as the "chief executive officer" of that Tribunal. This term refers to the management of staff and financial resources, which will now be unnecessary as those resources will be provided by the Service.
the repeal of sections 35 and 36 of the Agriculture and Agri-Food Administrative Monetary Penalties Act which would have provided for the Minister of Agriculture to furnish employees, services and facilities to the Review Tribunal.
These coordinating amendments contemplate three different scenarios for the order of coming into force of the ATSSC Act and the Safe Food for Canadians Act.
Clause 481
Clause 481 enacts coordinating amendments to take into account the coming into force of the Economie Action Plan 2013 Act, No. 2,which enacts the Public Service Labour Relations and Employment Board Act and amends the Parliamentary Employment and Staff Relations Act, the Public Service Labour Relations Act and the Public Service Employment Act. When both the ATSSC Act and the Economie Action Plan 2013 Act, No. 2 are in force, clause 481 provides that:
the Public Service Labour Relations and Employment Board will be added to the Schedule to the ATSSC Act;
section 81 of the Parliamentary Employment and Staff Relations Act will be amended to allow the Chief Administrator of the Service, rather than the Public Service Labour Relations and Employment Board to provide an arbitrator or adjudicator appointed by the Board with quarters, staff and other facilities;
section 83 of the Parliamentary Employment and Staff Relations Act, a redundant clause dealing with appropriations, will be repealed;
the definition of "employee" in subsection 2(1) of the Public Service Labour Relations Act will be amended by removing,from the groups of persons that are excluded from that definition, persons employed by the Public Service Labour Relations and Employment Board. Since that Board will have its staff supplied by the Service, the exclusion will now apply to employees of the Service who provide certain services exclusively to that Board. This exclusion is necessaryto avoid the conflict of interest that would result if such employees were to be able to join a public sector union.
a new subsection (2) will be added to section 11 of the Public Service Labour Relations Act to provide that the Chief Administrator of the Service will provide facilities and administrative support to the National Joint Council. Under the version of the Act that was amended by the Economie Action Plan 2013 Act, No.2, this mandate would belong to the Public Service Labour Relations and Employment Board through section 15, which is repealed by clause 481(3). Since the facilities and administrative support for that Board will now be provided by the Service, the Chief Administrator of the Service will also be responsible for supporting the National Joint Council.
the employees of the ATSSC ta be excluded from the definition of "employee" subsection 2(1) of the Public Service Labour Relations Act will not be excluded from the definition of "employee" in s. 206(1) of that Act and will consequently be able to refer grievances ta the Public Service Labour Relations and Employment Board.
section 249 of the Public Service Labour Relations Act will be amended ta provide that the Chief Administrator of the Service will provide facilities and administrative support to members of arbitration boards, public interest commissions, mediators, adjudicators and other persans providing dispute resolution services with facilities and human resources. Under the current version of that Act, this mandate would belong to the Public Service Labour Relations and Employment Board. Since the facilities and administrative support for that Board will now be provided by the Service, the Chief Administrator of the Service will also be responsible for providing support to the persons named in section 249.
section 15 of the Public Service Labour Relations Act will be repealed because the mandate of the Public Service Labour Relations and Employment Board described in that section will now be that of the Chief Administrator of the Service under the provision added ta that Act by clause 481(2)(e).
Clause 482
Clause 482 provides that most of this Division, rather than coming into force when the Bill receives Royal Assent, will instead come into force on a day to be set out in an order of the Governor in Council. This allows for required amendments to be made to the rules and regulations that apply to the tribunals listed in the schedule to the Administrative Tribunals Support Services of Canada Act. The delay will not apply to the coordinating amendments and other amendments to the Economie Action Plan 2013 Act, No.2, which come into force on Royal Assent.
Department of Justice and Attorney General
Overview: Department of Justice
The Department of Justice has the mandate to support the dual roles of the Minister of Justice and the Attorney General of Canada.
Under Canada's federal system, the administration of justice is an area of shared jurisdiction between the federal government and the provinces and territories. The Department supports the Minister of Justice in his responsibilities for 49 statutes and areas of federal law by ensuring a bilingual and bijural national legal framework principally within the following domains: criminal justice (including youth criminal justice), family justice, access to justice, Aboriginal justice, public law and private international law.
The Department also supports the Attorney General as the chief law officer of the Crown, both in terms of the ongoing operations of government and of the development of new policies, programs and services for Canadians. The Department provides legal advice to the Government and federal government departments and agencies, represents the Crown in civil litigation and before administrative tribunals, drafts legislation and responds to the legal needs of federal departments and agencies.
Responsibilities
The Department of Justice was officially established in 1868, when the Department of Justice Act was passed in Parliament. The Act laid out the roles and responsibilities of the Department as well as those of the Minister of Justice and Attorney General of Canada.
The Department of Justice fulfills three distinctive roles within the Government of Canada. It acts as:
- a policy department with broad responsibilities for overseeing all matters relating to the administration of justice that fall within the federal domain—in this capacity, it helps to ensure a fair, relevant and accessible justice system for all Canadians;
- a provider of a range of legal advisory, litigation and legislative services to government departments and agencies; and
- a central agency responsible for supporting the Minister in advising Cabinet on all legal matters.
Strategic Outcomes
The Department of Justice Canada has two strategic outcomes that reflect the dual role of the Minister of Justice and Attorney General of Canada:
- A fair, relevant and accessible justice system that reflects Canadian values.
- A federal government supported by high-quality legal services
The Department of Justice Canada contributes to the achievement of these strategic outcomes:
- working with partners across the federal, provincial and territorial levels of government and with stakeholders across Canada to develop and maintain a fair, relevant and accessible justice system that responds to Canadians’ needs and expectations;
- ensuring a bilingual and bijural national legal framework for the administration of justice by developing policies, laws and programs to strengthen the national framework;
- providing ongoing funding to provinces and territories for the delivery of programs aimed at the day-to-day administration of justice; and
- providing legal services to the federal government and its departments and agencies, as legislated by the Department of Justice Act.
Service Standards
The Department is committed to delivering high quality legal advisory, litigation, and legislative and regulatory drafting services as demonstrated by timeliness, responsiveness and usefulness in accordance with established service standards.
ATSSC Overview
ATSSC Organizational Chart
List of commonly used acronyms
ATSSC COMMONLY USED ACRONYMS
ACRONYMES COMMUNS AU SCDATA
| AAS | Accommodations and Security Aménagements et sécurité |
| AG | Auditor General Vérificateur général |
| AMA | ATSSC Management Assembly Assemblée de la gestion du SCDATA |
| ATIP | Access to Information and Privacy Accès à l’information et protection des renseignements personnels |
| ATSSC | Administrative Tribunals Support Service of Canada Service canadien d’appui aux tribunaux administratifs |
| CA | Chief Administrator Administrateur en chef |
| CART | Canada Agricultural Review Tribunal Commission de révision agricole du Canada |
| CCAT | Council of Canadian Administrative Tribunals Conseil des tribunaux administratifs canadiens |
| CCPERB | Canadian Cultural Property Export Review Board Commission canadienne d’examen des exportations de biens culturels |
| CF | Chairpersons’ Forum Forum des présidents |
| CFO | Chief Financial Officer Dirigeant principal des finances |
| CHRT | Canadian Human Rights Tribunal Tribunal canadien des droits de la personne |
| CIO | Chief Information Officer Dirigeant principal de l’information |
| CIRB | Canada Industrial Relations Board Conseil canadien des relations industrielles |
| CITT | Canadian International Trade Tribunal Tribunal canadien du commerce extérieur |
| CMS | Case Management System(s) Système(s) de gestion de cas |
| CFTC | Council of Federal Tribunal Chairs Conseil des présidents et des présidentes des tribunaux fédéraux |
| CSPS | Canada School of Public Service École de la function publique du Canada |
| CT | Competition Tribunal Tribunal de la concurrence |
| DCA | Deputy Chief Administrator Administrateur en chef adjoint |
| DG | Director General Directeur général |
| DP | Departmental Plan Plan ministériel |
| DRF | Departmental Results Framework Cadre des résultats ministériels |
| DRP | Departmental Results Plan Plan des résultats ministériels |
| EAP | Employee Assistance Program Programme d’aide aux employés |
| EARB | Enterprise Architecture Review Board Comité d’examen de l’architecture d’entreprise |
| EBP | Employee Benefits Program Régime d’avantages sociaux des employés |
| ED | Executive Director Directeur exécutif |
| EPTC | Environmental Protection Tribunal of Canada Tribunal de la protection de l’environnement du Canada |
| ESDC | Employment and Social Development Canada Emploi et développement social du Canada |
| ETMS | Executive Talent Management System Système de la gestion des talents des cadres supérieurs |
| FMA | Financial Management Analyst Analyste de gestion financière |
| GCWCC | Government of Canada Workplace Charitable Campaign Campagne de charité en milieu de travail du Gouvernement du Canada |
| GEDS | Government Electronic Directory Services Services d’annuaires gouvernementaux électroniques |
| GIC | Governor in Council Gouverneur en conseil |
| HFA | Heads of Federal Agencies Chefs des organismes fédéraux |
| HRIS | Human Resources Information System Système d’information en ressources humaines |
| ICMS | Informal Conflict Management System Système de gestion informelle des conflits |
| IM/IT | Information Management/Information Technology Gestion d’information/Technique informatique |
| ISST | Information Services and Solutions Team Équipe des services d’information et solution |
| LMCC | Labour Management Consultation Committee Comité de consultation patronal-syndical |
| MO | Minister’s Office Cabinet du ministre |
| NJC | National Joint Council Conseil national mixte |
| NPSW | National Public Service Week Semaine nationale de la fonction publique |
| OAG | Office of the Auditor General Bureau de vérificateur général |
| OCA | Office of the Comptroller General Bureau du contrôleur général |
| OCHRO | Office of the Chief Human Resources Officer Bureau du dirigeant principal des ressources humaines |
| OGGO | Parliamentary Committee on Government Operations and Estimates Comité permanent des opérations gouvernementales et des prévisions budgétaires |
| OHS | Occupational Health and Safety Santé et sécurité au travail |
| PCH | Canadian Heritage Patrimoine canadien |
| PCO | Privy Council Office Bureau du Conseil privé |
| PI | Program Inventory Répertoire des programmes |
| PIP | Performance Information Profile Performance Information Profile |
| PMP | Performance Management Program Programme de gestion du rendement |
| PSC | Public Service Commission Commission de la fonction publique |
| PSDPT | Public Servants Disclosure Protection Tribunal Tribunal de la protection des fonctionnaires divulgateurs |
| PSES | Public Service Employee Survey Sondage auprès des fonctionnaires fédéraux |
| FPSLREB | Federal Public Sector Labour Relations and Employment Board Commission des relations de travail et de l’emploi dans le secteur public fédéral |
| PSPC | Public Services and Procurement Canada Services publics et Approvisionnement Canada |
| SCT | Specific Claims Tribunal Tribunal des revendications particulières |
| SMC | Senior Management Committee Comité de la haute gestion |
| SST | Social Security Tribunal Tribunal de la sécurité sociale |
| TATC | Transportation Appeal Tribunal of Canada Tribunal de la sécurité sociale |
| TBS | Treasury Board Secretariat Secrétariat du Conseil du Trésor |
| VNR | Vote-netted Revenue Recettes nettes en vertu d’un crédit |
TRIBUNALS SERVED BY THE ATSSC
TRIBUNAUX SERVIS PAR LE SCDATA
| CART | Canada Agricultural Review Tribunal Commission de révision agricole du Canada |
| CIRB | Canada Industrial Relations Board Conseil canadien des relations industrielles |
| CCPERB | Canadian Cultural Property Export Review Board Commission canadienne d’examen des exportations de biens culturels |
| CHRT | Canadian Human Rights Tribunal Tribunal canadien des droits de la personne |
| CITT | Canadian International Trade Tribunal Tribunal canadien du commerce extérieur |
| CT | Competition Tribunal Tribunal de la concurrence |
| FPSLREB | Federal Public Sector Labour Relations and Employment Board Commission des relations de travail et de l’emploi dans le secteur public fédéral |
| PSDPT | Public Servants Disclosure Protection Tribunal Tribunal de la protection des fonctionnaires divulgateurs |
| SST | Social Security Tribunal Tribunal de la sécurité sociale |
| SCT | Specific Claims Tribunal Tribunal des revendications particulières |
| TATC | Transportation Appeal Tribunal of Canada Tribunal d’appel des transports du Canada |
ACRONYMS COMMONLY USED SPECIFIC TO THE ATSSC
ACRONYMES SPÉCIFIQUEMENT UTILISÉS PAR LE SCDATA
| AMA | ATSSC Management Assembly Assemblée de la gestion du SCDATA |
| ATSSC | Administrative Tribunals Support Service of Canada Service canadien d’appui aux tribunaux administratifs |
| CA | Chief Administrator Administrateur en chef |
| CF | Chairpersons’ Forum Forum des présidents |
| CMS | Case Management System(s) Système(s) de gestion de cas |
| DCA | Deputy Chief Administrator Administrateur en chef adjoint |
| OCA | Office of the Chief Administrator Bureau de l’administrateur en chef |
| ED | Executive Director Directeur exécutif |
| FMA | Financial Management Analyst Analyste de gestion financière |
| HRIS | Human Resources Information System Système d’information en ressources humaines |
| ISST | Information Services and Solutions Team Équipe des services d’information et solution |
| SMC | Senior Management Committee Comité de la haute gestion |
| VNR | Vote-netted Revenue Recettes nettes en vertu d’un crédit |
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