Short Title
This Act may be cited as the Administrative Tribunals Support Service of Canada Act.
Interpretation
The following definitions apply in this Act.
administrative tribunal means a body referred to in Schedule 1 or 2. (tribunal administratif)
Chief Administrator means the person appointed under subsection 5(1). (administrateur en chef)
Minister means the Minister of Justice. (ministre)
Service means the Administrative Tribunals Support Service of Canada established by section 3. (Service)
territorial body means a body established under an Act of the legislature of a territory. (organisme territorial)
Administrative Tribunals Support Service of Canada
The Administrative Tribunals Support Service of Canada, consisting of the Chief Administrator and employees of the Service, is established as a portion of the federal public administration.
The principal office of the Service is to be in the National Capital Region described in the schedule to the National Capital Act.
The Chief Administrator may establish other offices of the Service elsewhere in Canada.
Chief Administrator
The Chief Administrator is to be appointed by the Governor in Council to hold office during pleasure for a term of up to five years.
The Chief Administrator is eligible for re-appointment at the end of each term of office.
The Chief Administrator has the rank and status of a deputy head of a department.
If the Chief Administrator is absent or incapacitated or the office of Chief Administrator is vacant, the Minister must appoint another person to act as Chief Administrator, but a person must not be so appointed for a term of more than 90 days without the approval of the Governor in Council.
The person acting as Chief Administrator has all of the powers, duties and functions of the Chief Administrator conferred under this Act or any other Act of Parliament.
The Chief Administrator is to be paid the remuneration that may be fixed by the Governor in Council and is entitled to be paid reasonable travel and living expenses incurred in the exercise of his or her powers or the performance of his or her duties and functions while absent from the Chief Administrator’s ordinary place of work.
The Chief Administrator is deemed to be a person employed in the public service for the purposes of the Public Service Superannuation Act and to be employed in the federal public administration for the purposes of the Government Employees Compensation Act and any regulations made under section 9 of the Aeronautics Act.
The Chief Administrator is the chief executive officer of the Service and has the control and management of the Service and all matters connected with it.
The Chief Administrator is responsible for the provision of the support services and the facilities that are needed by each of the administrative tribunals to exercise its powers and perform its duties and functions in accordance with the rules that apply to its work.
The Chief Administrator has all the powers that are necessary to perform his or her duties and functions under this or any other Act of Parliament.
The Chief Administrator may enter into contracts, memoranda of understanding or other arrangements, including contracts to engage the services of legal counsel or other persons having professional, technical or specialized knowledge to advise or assist an administrative tribunal or any of its members.
The Chief Administrator’s powers, duties and functions do not extend to any of the powers, duties and functions conferred by law on any administrative tribunal or on any of its members.
The Chief Administrator may delegate to any employee of the Service any of the powers, duties, and functions conferred on the Chief Administrator under this Act or any other Act of Parliament.
Administrative Tribunal Chairpersons
For greater certainty, the chairperson of an administrative tribunal continues to have supervision over and direction of the work of the tribunal.
Employees of the Service
The employees who are required for the purposes of the Service are to be appointed under the Public Service Employment Act.
Territorial Bodies
Subject to subsection (2), the Minister may, by order, amend Schedule 2 to add, amend or delete the name of a territorial body.
The Minister may add the name of a territorial body to Schedule 2 only if the Minister is of the opinion that there is a satisfactory funding arrangement for the provision of support services and of facilities to the territorial body.
If a territorial body is composed of members of a body established by an Act of Parliament, the Minister must consult the minister responsible for the body established by that Act before adding the name of the territorial body to Schedule 2.
An order made under subsection (1) is not a statutory instrument as defined in subsection 2(1) of the Statutory Instruments Act. However, the order must be published in the Canada Gazette.
General
Any provision of an Act of Parliament, or of a regulation, that requires the filing of a document with, or the giving of a notice to, an administrative tribunal is deemed to require that document to be filed with, or the notice to be given to, the Service, as the case may be.
Any provision of an Act of Parliament, or of a regulation, that requires an amount to be paid to an administrative tribunal is deemed to require that amount to be paid to the Service.
Any amount to be paid for the operation of any administrative tribunal may be paid out of moneys appropriated by Parliament for the expenditures of the Service.
The Service may spend revenues that it receives in a fiscal year for the provision of any services and facilities to a territorial body referred to in Schedule 2 to offset expenditures that it incurs in that fiscal year.
Canada Industrial Relations Board Conseil canadien des relations industrielles Canadian Cultural Property Export Review Board Commission canadienne d’examen des exportations de biens culturels Canadian Human Rights Tribunal Tribunal canadien des droits de la personne Canadian International Trade Tribunal Tribunal canadien du commerce extérieur Competition Tribunal Tribunal de la concurrence Environmental Protection Tribunal of Canada Tribunal de la protection de l’environnement du Canada Federal Public Sector Labour Relations and Employment Board Commission des relations de travail et de l’emploi dans le secteur public fédéral Public Servants Disclosure Protection Tribunal Tribunal de la protection des fonctionnaires divulgateurs d’actes répréhensibles Review Tribunal Commission de révision Specific Claims Tribunal Tribunal des revendications particulières Social Security Tribunal Tribunal de la sécurité sociale Transportation Appeal Tribunal of Canada Tribunal d’appel des transports du Canada
Yukon Public Service Labour Relations Board Commission des relations de travail dans la fonction publique du Yukon Yukon Teachers Labour Relations Board Commission des relations de travail du personnel enseignant du Yukon