2000, c. 28

[Assented to October 20, 2000]

An Act to establish the Canadian Tourism Commission

WHEREAS the Canadian tourism industry is vital to the social and cultural identity and integrity of Canada;

WHEREAS the Canadian tourism industry makes an essential contribution to the economic well-being of Canadians and to the economic objectives of the Government of Canada;

WHEREAS the Canadian tourism industry consists of mainly small and medium-sized businesses that are essential to Canada’s goals for entrepreneurial development and job creation;

AND WHEREAS it is desirable to strengthen Canada’s commitment to Canadian tourism by establishing a Tourism Commission that would work with the governments of the provinces and the territories and the Canadian tourism industry to promote the interests of that industry and to market Canada as a desirable tourist destination;

NOW, THEREFORE, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

1. This Act may be cited as the Canadian Tourism Commission Act.

2. The definitions in this section apply in this Act.

“Commission” means the Canadian Tourism Commission established by section 3.

“Minister” means the Minister of Industry.

3. There is hereby established a corporation to be known as the Canadian Tourism Commission.

4. The Commission is, for the purposes of this Act, an agent of Her Majesty in right of Canada.

5. The objects of the Commission are to

(a) sustain a vibrant and profitable Canadian tourism industry;

(b) market Canada as a desirable tourist destination;

(c) support a cooperative relationship between the private sector and the governments of Canada, the provinces and the territories with respect to Canadian tourism; and

(d) provide information about Canadian tourism to the private sector and to the governments of Canada, the provinces and the territories.

6. (1) For the purpose of carrying out its objects, the Commission has the capacity and, subject to this Act, the rights, powers and privileges of a natural person.

(2) The Commission may not initiate or finance programs involving the acquisition or construction of real property, immovables or facilities related to tourism.

7. The affairs and business of the Commission shall be managed by a Board of Directors.

8. The Board consists of not more than twenty-six directors, including a Chairperson and a President.

9. The Chairperson shall be appointed by the Governor in Council to hold office during pleasure on a part-time basis for a term of not more than five years.

10. The President shall be appointed by the Governor in Council to hold office during pleasure on a full-time basis for a term of not more than five years.

11. (1) Up to sixteen private sector directors shall be appointed by the Minister, with the approval of the Governor in Council.

(2) The Board shall establish a committee that shall provide advice to the Minister on the appointment of directors under subsection (1).

(3) Of the directors appointed under subsection (1),

(a) up to seven shall be tourism operators appointed to represent the following regions in the following numbers:

(i) not more than two for the Provinces of Nova Scotia, New Brunswick, Prince Edward Island and Newfoundland,

(ii) one for the Province of Quebec,

(iii) one for the Province of Ontario,

(iv) one for the Provinces of Manitoba and Saskatchewan,

(v) one for the Province of Alberta, the Northwest Territories and Nunavut, and

(vi) one for the Province of British Columbia and the Yukon Territory; and

(b) up to nine shall be private sector representatives.

(4) The directors appointed under subsection (1) shall be appointed to hold office during pleasure on a part-time basis for a term of not more than three years.

(5) The definitions in this subsection apply in this section.

“private sector director” means a director who is a tourism operator or a private sector representative.

“private sector representative” means a tourism operator or a person with the expertise required to satisfy the Board’s needs.

“tourism operator” means an owner or a manager of a private sector tourism business.

12. (1) The Minister, with the approval of the Governor in Council, shall appoint public sector directors in the numbers specified in subparagraphs 11(3)(a)(i) to (vi) to represent the regions set out in those subparagraphs.

(2) The directors who are to be appointed under subsection (1) shall be appointed from among persons designated by the provincial or territorial ministers responsible for tourism. Those ministers may designate deputy ministers, persons who are equivalent to deputy ministers or persons who are heads of provincial or territorial agencies.

(3) The directors appointed under subsection (1) shall be appointed to hold office during pleasure on a part-time basis for a term of not more than three years.

13. The Deputy Minister of Industry is, ex officio, a director.

14. A director is eligible to be re-appointed to the Board in the same or another capacity.

15. The President shall be paid the remuneration that the Governor in Council may fix.

16. The Chairperson and the private sector directors, other than the President, shall be paid the fees that the Governor in Council may fix.

17. The Chairperson shall determine the times when and places where the Board will meet and shall preside at those meetings.

18. If the Chairperson is absent or incapacitated or if the office of Chairperson is vacant, the Board may designate any director appointed under section 11 to exercise the powers and perform the duties and functions of the Chairperson during the absence, incapacity or vacancy, but no director may be so designated for a period exceeding ninety days without the approval of the Governor in Council.

19. The President is the chief executive officer of the Commission and has supervision over and direction of the work of the Commission including the management of its internal affairs and the hiring and termination of its staff.

20. If the President is absent or incapacitated or if the office of President is vacant, the Board may designate any person to exercise the powers and perform the duties and functions of the President during the absence, incapacity or vacancy, but no person may be so designated for a period exceeding ninety days without the approval of the Governor in Council.

21. Subject to any contrary provision in any other Act of Parliament, the President may delegate to any person any power, duty or function conferred on the President under this Act or any other enactment.

22. The Board shall meet at least twice a year.

23. The Board shall make by-laws respecting the management and conduct of the affairs of the Commission and the carrying out of the duties of the Board, including by-laws establishing

(a) a code of ethics for the directors and employees of the Commission;

(b) committees of the Board, including an executive committee, a human resources committee, a committee for the purposes of section 11 and an audit committee; and

(c) a contracting policy for the Commission.

24. The head office of the Commission shall be in the place in Canada that the Governor in Council may, by order, designate.

25. The Chairperson, the President, the private sector directors and the employees of the Commission are deemed to be employees for the purposes of the Government Employees Compensation Act and to be employed in the federal public administration for the purposes of any regulations made under section 9 of the Aeronautics Act.

2000, c. 28, s. 25; 2003, c. 22, s. 224(E).

26. (1) The Commission may enter into an agreement with the government of any province or territory to carry out its objects.

(2) If the agreement provides for the incorporation of a corporation or the acquisition of shares in a corporation or all or substantially all of the assets of a corporation, the Commission may, with the approval of the Governor in Council, do any of those things, either by itself or jointly with any person or the government of a province or a territory, in order to carry out the provisions of the agreement.

(3) A corporation mentioned in subsection (2) may carry out only activities that are consistent with the objects of the Commission, taking into account the restriction set out in subsection 6(2).

27. The Commission may engage any officers, employees and agents and any technical and professional advisers that it considers necessary for the proper conduct of its activities and may fix the terms and conditions of their engagement.

28. When the Commission, outside Canada, engages persons referred to in section 27 to perform duties outside Canada, it shall engage them and establish their terms and conditions of employment or work, and the Canada Labour Code does not apply to those persons.

29. The definitions in this section apply in this section and in sections 30 to 46.

*“commencement day” means the day on which this Act comes into force.

* [Note: Act in force January 2, 2001, see SI/2001-5.]

“employee” means a person whose employment in the Department of Industry is terminated under paragraph 11(2)(g.1) of the Financial Administration Act and who is hired by the new Commission following an offer of employment made by the new Commission as a result of the transfer of the work of the former Commission from the Department of Industry to the new Commission.

“former Commission” means the Canadian Tourism Commission established by Order in Council P.C. 1995-110 of January 31, 1995 and the associated Special Operating Agency created by decision of the Treasury Board.

“grievance” has the same meaning as in subsection 2(1) of the Public Service Staff Relations Act.

“new Commission” means the Canadian Tourism Commission established by section 3.

30. (1) The former Commission is dissolved and its work is transferred from the Department of Industry to the new Commission.

(2) For the purpose of section 40.1 of the Public Service Superannuation Act, the transfer of the work of the former Commission is deemed to be a transfer or divestiture, by Her Majesty in right of Canada, of the administration of a service to a person.

31. The person who holds the office of Chairperson of the former Commission immediately before the commencement day continues in office as the Chairperson of the new Commission for the remainder of the term for which the person was appointed Chairperson.

32. The person who holds the office of President of the former Commission immediately before the commencement day continues in office as the President of the new Commission for the remainder of the term for which the person was appointed President.

33. Each person who is a director of the former Commission immediately before the commencement day continues as a director of the new Commission for the remainder of the term for which the person was appointed as a director.

34. All property of Her Majesty in right of Canada that is under the administration and control of the Minister and used for the purpose of carrying out the objects of the former Commission is transferred to the new Commission to be held in the name of the new Commission.

35. All obligations and liabilities of Her Majesty in right of Canada incurred in respect of the former Commission are transferred to the new Commission.

36. Every reference to the former Commission in a deed, contract or other document shall, unless the context otherwise requires, be read as a reference to the new Commission.

37. (1) Any action, suit or other legal proceeding in respect of an obligation or a liability incurred in carrying out the objects of the former Commission may be brought against the new Commission in any court that would have had jurisdiction if the action, suit or proceeding had been brought against Her Majesty in right of Canada.

(2) Any action, suit or other legal proceeding in respect of the former Commission that is pending in a court immediately before the commencement day may, on that day, be continued by or against the new Commission.

38. The amount outstanding on the commencement day in the accounts of Canada in respect of the carrying out of the objects of the former Commission shall be paid to the new Commission in the manner most appropriate to give effect to the purpose for which the moneys or property constituting or otherwise giving rise to that amount were given, bequeathed or otherwise made available to the former Commission.

39. Despite the period prescribed for submitting a corporate plan, an operating budget and a capital budget under the Financial Administration Act, the new Commission shall, within six months after the commencement day, submit to the Minister in accordance with that Act a corporate plan, an operating budget and a capital budget for its first financial year.

*40. Any amount appropriated, for the fiscal year in which this section comes into force, by an appropriation Act based on the Estimates for that year for defraying the charges and expenses of the former Commission in carrying out its objects is an amount appropriated for defraying the charges and expenses of the new Commission.

* [Note: Section 40 in force January 2, 2001, see SI/2001-5.]

41. A competition being conducted or an appointment being or about to be made under the Public Service Employment Act in respect of a position within the Department of Industry, the duties and functions of which are assigned to a position within the new Commission, may continue to be conducted or made as if the new Commission were a department for the purposes of that Act.

42. An eligibility list made under the Public Service Employment Act in respect of positions within the Department of Industry related to the carrying out of the objects of the former Commission that is valid on the commencement day continues to be valid for the period provided for by subsection 17(2) of that Act, but that period may not be extended.

43. (1) An appeal made under section 21 of the Public Service Employment Act by any person against an appointment to a position within the Department of Industry the duties and functions of which are assigned to a position within the new Commission, and not finally disposed of on the assignment, must be dealt with and disposed of in accordance with that Act as if the new Commission were a department for the purposes of that Act and the person continued to be an employee for the purposes of that Act.

(2) Any recourse commenced by an employee under the Public Service Employment Act that has not been finally dealt with on the employee’s engagement by the new Commission must be dealt with and disposed of in accordance with that Act as if the new Commission were a department for the purposes of that Act and the person continued to be an employee for the purposes of that Act.

44. (1) Every employee who was considered to be on probation under section 28 of the Public Service Employment Act immediately before being engaged by the new Commission continues on probation with the new Commission until the end of the period established by the Public Service Commission by regulation for that employee or a class of persons of which that employee is a member.

(2) Subsection 28(2) of the Public Service Employment Act applies to an employee of the new Commission who is on probation but the reference to deputy head in that subsection is to be read as a reference to the President.

45. (1) Any grievance commenced by an employee under the Public Service Staff Relations Act that has not been finally dealt with on the employee’s engagement by the new Commission must be dealt with and disposed of in accordance with that Act as if the employee’s employment in the Department of Industry had not been terminated.

(2) A final decision with respect to a grievance referred to in subsection (1) that provides for the reinstatement of or payment of money to a person must be implemented by the new Commission as soon as is practicable.

46. An indeterminate employee who was a member of the Executive Group in the Department of Industry and whose employment is terminated under paragraph 11(2)(g.1) of the Financial Administration Act is not eligible for benefits under the Treasury Board Executive Employment Transition Policy.

47. to 50. [Amendments]

*51. This Act comes into force on a day to be fixed by order of the Governor in Council.

* [Note: Act in force January 2, 2001, see SI/2001-5.]