Canada Border Services Agency Act (S.C. 2005, c. 38)

Act current to 2013-06-25 and last amended on 2007-02-10. Previous Versions

Marginal note:Remuneration
  •  (1) The President and the Executive Vice-president shall be paid the remuneration that is fixed by the Governor in Council.

  • Marginal note:Expenses

    (2) The President and the Executive Vice-president 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 work.

  • Marginal note:Deemed employment

    (3) The President and the Executive Vice-president are deemed to be 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.

  • 2005, c. 38, ss. 10, 144(E).

HUMAN RESOURCES

Marginal note:Officers and employees

 Officers and employees necessary for the proper conduct of the work of the Agency shall be appointed in accordance with the Public Service Employment Act.

POWERS OF THE AGENCY

Marginal note:Exercise of powers conferred on Minister
  •  (1) Subject to any direction given by the Minister, the Agency may exercise the powers, and shall perform the duties and functions, that relate to the program legislation and that are conferred on, or delegated, assigned or transferred to, the Minister under any Act or regulation.

  • Marginal note:Officers and employees

    (2) An officer or employee of the Agency may exercise any power or perform any duty or function referred to in subsection (1) if the officer or employee is appointed to serve in the Agency in a capacity appropriate to the exercise of the power or the performance of the duty or function, and, in so doing, shall comply with any general or special direction given by the Minister.

  • Marginal note:Exception

    (3) Subsection (1) does not include

    • (a) any power, duty or function of the Minister under this Act; or

    • (b) a power to make regulations.

  • Marginal note:Non-application of Statutory Instruments Act

    (4) A direction given by the Minister under subsection (1) or (2) is not a statutory instrument for the purposes of the Statutory Instruments Act.

Marginal note:Agreements
  •  (1) Subject to sections 38 and 38.1 of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act, the Agency may, with the approval of the Governor in Council, on the recommendation of the Minister and the Minister of Foreign Affairs, enter into an agreement with a foreign state or an international organization, for the purposes of carrying out the mandate of the Agency.

  • Marginal note:Arrangements and agreements

    (2) The Agency may, for the purposes of carrying out its mandate,

    • (a) enter into an arrangement with a foreign state or an international organization; or

    • (b) enter into an agreement or arrangement with the government of a province, a department or agency of the Government of Canada or any person or organization.

  • 2005, c. 38, s. 13;
  • 2006, c. 12, s. 46.