Administrative Tribunals Support Service of Canada Act

Short title

This Act may be cited as the Administrative Tribunals Support Service of Canada Act.

Definitions

The following definitions apply in this Act.

▾ 4 defined terms

• def

  administrative tribunal — means a body referred to in the schedule to this Act. (tribunal administratif)

• def

  Chief Administrator — means the person appointed under subsection 5(1). (administrateur en chef)

• def

  Minister — means the Minister of Justice. (ministre)

• def

  Service — means the Administrative Tribunals Support Service of Canada established by section 3. (Service)

Establishment of Service

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.

Principal office

▾ 2 subsections

• (1)

  The principal office of the Service is to be in the National Capital Region described in the schedule to the National Capital Act.

• (2)

  Other offices

  The Chief Administrator may establish other offices of the Service elsewhere in Canada.

Appointment

▾ 2 subsections

• (1)

  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.

• (2)

  Re-appointment

  The Chief Administrator is eligible for re-appointment at the end of each term of office.

Status of Chief Administrator

The Chief Administrator has the rank and status of a deputy head of a department.

Absence or incapacity

▾ 2 subsections

• (1)

  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.

• (2)

  Powers, duties and functions

  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.

Salary and expenses

▾ 2 subsections

• (1)

  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.

• (2)

  Compensation

  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.

Chief executive officer

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.

Responsibility

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.

General powers

▾ 2 subsections

• (1)

  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.

• (2)

  Contracts, etc.

  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.

Limitation

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.

Delegation

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.

For greater certainty

For greater certainty, the chairperson of an administrative tribunal continues to have supervision over and direction of the work of the tribunal.

Appointment of employees

The employees who are required for the purposes of the Service are to be appointed under the Public Service Employment Act.

Deeming — filing documents and giving notice

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.

Deeming — amounts payable

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.

Amounts for operation of administrative tribunal

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.