Bill C-45

Coming into Force

350. This Division, other than section 349, comes into force on a day to be fixed by order of the Governor in Council.

Division 19

Canada Grain Act

Amendments to the Act

351. (1) The definitions “overage”, “shortage”, “transfer elevator” and “weigh-over” in section 2 of the Canada Grain Act are repealed.

(2) The definition “terminal elevator” in section 2 of the Act is replaced by the following:

“terminal elevator” means an elevator whose principal uses are the receiving of grain from another elevator and the cleaning, storing and treating of the grain before it is moved forward;

(3) Subparagraph (b)(ii) of the definition “lawfully” in section 2 of the Act is replaced by the following:

(ii) the delivery of grain to a terminal elevator or process elevator or to a consignee at a destination other than an elevator, or

352. Paragraph 12(g) of the Act is replaced by the following:

(g) fixing the allowance to be paid to members of grain standards committees.

353. Subparagraphs 14(1)(e)(i) and (ii) of the Act are replaced by the following:

(ii) wherever appropriate, utilize technical, economic and statistical information and advice from any department or agency of the Government of Canada, and

(iii) maintain an efficient and adequately equipped laboratory;

354. Paragraph 20(2)(b) of the Act is repealed.

355. (1) Paragraph 27(1)(a) of the Act is replaced by the following:

(a) shall be used as the visual grading standard in the grading of western grain of that grade discharged from a terminal elevator or process elevator; and

(2) Paragraph 27(2)(a) of the Act is replaced by the following:

(a) shall be used as a visual grading guide in the grading of grain of that grade, other than western grain discharged from a terminal elevator or process elevator; and

356. Section 33 of the Act is replaced by the following:

33. An inspection certificate issued when grain is discharged from a terminal elevator shall be transmitted with the shipping documents relating to the grain.

357. The heading before section 35 and sections 35 to 38 of the Act are repealed.

358. Section 39 of the Act is replaced by the following:

39. (1) Any person who is dissatisfied with the grade assigned to grain on an official inspection may appeal the decision of the inspector in respect of any characteristics of the grain, by way of an application for reinspection of the grain, to the chief grain inspector for Canada.

(2) Except with the Commission’s permission, no appeal lies under this section unless, within 15 days after the decision that is the subject of the appeal is made, notice of the appeal is given to the chief grain inspector for Canada.

359. Section 41 of the Act is replaced by the following:

41. (1) If an appeal is taken, the chief grain inspector for Canada shall

(a) inspect the grain to which the appeal relates or a sample of that grain;

(b) review the decision appealed;

(c) assign to the grain the grade that he or she considers to be the appropriate grade for the grain; and

(d) if a grade is assigned to the grain that is different from the grade previously assigned to it, require all inspection certificates, and all other documents specified by the Commission, relating to the grain to be revised accordingly.

360. Paragraph 42(c) of the Act is repealed.

361. Subsections 45(1) and (2) of the Act are replaced by the following:

45. (1) If a person who proposes to operate an elevator or to carry on business as a grain dealer applies in writing to the Commission for a licence and the Commission is satisfied that the applicant and the elevator, if any, meet the requirements of this Act and any conditions that the Commission may specify, the Commission may issue to the applicant the licence of a class or subclass determined by the Commission to be appropriate to the type of operation of that elevator or the business of that grain dealer.

362. The Act is amended by adding the following after section 45:

363. (1) The portion of subsection 46(1) of the Act before paragraph (a) is replaced by the following:

46. (1) The Commission may refuse to issue an elevator licence if the applicant has not obtained security as required by subsection 45.1(1) or fails to establish to the satisfaction of the Commission that

(2) Subsection 46(2) of the Act is replaced by the following:

(2) The Commission may refuse to issue a grain dealer’s licence if the applicant has not obtained security as required by subsection 45.1(1).

364. Section 49 of the Act is replaced by the following:

49. (1) If the Commission has reason to believe that any security obtained by a licensee under this Act is not sufficient, the Commission may, by order, require the licensee to obtain, within any period that the Commission considers reasonable, any additional security that it considers is sufficient.

(2) Despite any other provision of this Act, the Commission may prescribe by regulation the percentage of the value of a cash purchase ticket, an elevator receipt or a grain receipt that may be realized or enforced against security obtained by a licensee, and the security may be realized or enforced in relation to the cash purchase ticket, elevator receipt or grain receipt only to the extent of the prescribed percentage.

(3) If the failure on the part of a licensee to meet the licensee’s payment obligations is a result of their giving to the producer a cash purchase ticket or other bill of exchange that the bank or other financial institution on which it is drawn subsequently refuses to honour, that failure occurs when the cash purchase ticket or other bill of exchange is given to the producer.

365. (1) Subsection 54.1(1) of the Act is replaced by the following:

54.1 (1) If an elevator receipt issued by the licensee of a terminal elevator has been outstanding for more than one year and any charges accruing under the receipt have accrued for more than one year and are unpaid, the licensee, with the Commission’s written permission, after giving any notice of sale to the last known holder of the receipt that may be specified by the Commission, may, on any terms and conditions that may be specified in writing by the Commission, sell the grain referred to in the receipt or grain of the same kind, grade and quantity to recover the charges.

(2) Subsection 54.1(3) of the Act is replaced by the following:

(3) Each elevator receipt issued by the licensee of a terminal elevator shall bear the following warning:

“WARNING: If the charges accruing under this receipt have been unpaid for more than one year, the grain may be sold, in which case the holder is entitled to receive, on surrender of this receipt, only the money received for the grain less those charges and the costs of sale.

366. Subsection 62(4) of the Act is replaced by the following:

(4) No order shall be made under subsection (3) unless written notice of the dispute has been received by the Commission within 30 days after the delivery of the grain that is the subject of the dispute to a terminal elevator or process elevator.

367. Paragraph 65(3)(c) of the Act is replaced by the following:

(c) deliver to the holder of the surrendered receipt an elevator receipt issued by the operator of a licensed terminal elevator for grain of the same kind, grade and quantity as the grain referred to in the surrendered receipt.

368. (1) The portion of subsection 67(1) of the Act before paragraph (b) is replaced by the following:

67. (1) Subject to section 86, the operator of a licensed primary elevator shall without delay discharge into a conveyance referred to in paragraph (b), to the extent of the conveyance’s capacity, the identical grain or grain of the same kind, grade and quantity that any elevator receipt issued by the operator requires if the holder of the receipt who is entitled to the delivery of grain referred to in that receipt

(a) may lawfully deliver the grain to a terminal elevator or process elevator or to a consignee at a destination other than an elevator; and

(2) The portion of subsection 67(1) of the English version of the Act after paragraph (a) is replaced by the following:

(b) has caused to be placed at the elevator, to transport the grain, a railway car or other conveyance that is capable of receiving grain discharged out of the elevator and to which the grain may lawfully be delivered.

369. Sections 68.1 to 71 of the Act are replaced by the following:

Terminal Elevators

69. (1) Subject to section 58 and any order made under subsection (2) or section 118, an operator of a licensed terminal elevator shall, at all reasonable hours on each day on which the elevator is open, without discrimination and in the order in which grain arrives, receive into the elevator all grain that is lawfully offered at the elevator, for which there is available storage accommodation of the type required by the person who offered the grain.

(2) The Commission may, by order, on any conditions that it may specify, authorize or require the operator of a licensed terminal elevator to receive grain that is lawfully offered for storage or transfer at the elevator otherwise than as required by subsection (1).

71. (1) On receipt of grain into a licensed terminal elevator, the operator of the elevator shall, if the grain has been weighed under subsection 69.1(1) or (2), or inspected under subsection 70(1) or (2) or weighed or inspected — officially or otherwise — under section 70.2,

(a) immediately issue an elevator receipt for the grain and any screenings that he or she is required to report; and

(b) on surrender of the bill of lading relating to the grain, together with evidence of the payment of the charges accrued on the grain before its receipt into the elevator, deliver the elevator receipt to or on the order of the holder of the bill of lading.

(2) Despite any provision of this Act relating to the delivery of grain of the same kind, grade and quantity as that referred to in an elevator receipt, if the operator of a licensed terminal elevator issues an elevator receipt for grain to which any grade would be assignable but for its excessive moisture or intermixture with another material removable by treatment, that operator, on the drying or treatment of the grain, as the case may be, shall recall the receipt, assign the grain a grade and issue a new elevator receipt for grain of that grade that is adjusted to the grain’s dried quantity or quantity remaining after the treatment.

(3) The elevator receipt issued for grain referred to in subsection (2) on the receipt of the grain into a licensed terminal elevator shall state that the receipt is subject to recall and adjustment.

(4) If the operator of a licensed terminal elevator becomes the owner of grain removed from screenings in that elevator, the operator may, with the Commission’s permission, issue an elevator receipt in his or her own name for the grain.

370. Section 72 of the Act is replaced by the following:

72. The operator of a licensed terminal elevator shall not specially bin any grain except as may be authorized by regulation and in the prescribed manner.

371. Section 73 of the Act is replaced by the following:

73. Subject to subsection 77(3), the holder of an elevator receipt issued in respect of grain in a licensed terminal elevator is entitled, in priority to all other claims affecting the grain, to the grain referred to in the receipt or to grain in the elevator of the same kind, grade and quantity as the grain referred to in the receipt.

372. (1) The portion of subsection 74(1) of the Act before paragraph (a) is replaced by the following:

74. (1) Subject to section 86, the operator of a licensed terminal elevator shall without delay discharge into a conveyance referred to in paragraph (b), to the extent of the conveyance’s capacity, the identical grain or grain of the same kind, grade and quantity that any elevator receipt issued by the operator requires if the holder of the receipt who may lawfully deliver grain referred to in that receipt to another elevator or to a consignee at a destination other than an elevator

(2) The portion of subsection 74(1) of the English version of the Act after paragraph (b) is replaced by the following:

(c) surrenders the elevator receipt and pays the charges accrued under this Act in respect of the grain referred to in the receipt.

373. The portion of section 75 of the Act before paragraph (a) is replaced by the following:

75. No operator or manager of a licensed terminal elevator shall, except with the Commission’s written permission,

374. (1) The portion of subsection 76(1) of the Act before paragraph (a) is replaced by the following:

76. (1) If any grain in a licensed terminal elevator is found to be infested or contaminated, or to have gone or to be likely to go out of condition or otherwise to require treatment,

(2) Subsection 76(3) of the English version of the Act is replaced by the following:

(3) If, under a direction given under subsection (1), grain referred to in an elevator receipt indicating special binning issued by the operator of a licensed terminal elevator has been treated, shipped or otherwise disposed of, the costs incurred by the operator of the elevator in complying with the direction are recoverable from the persons having an interest or right in the grain in proportion to their respective interests or rights.

(3) Subsection 76(4) of the Act is replaced by the following:

(4) Nothing in this section shall be construed as relieving the operator of a licensed terminal elevator from the performance of any obligation imposed on him or her under this Act or any contract under which any grain came into or remains in the operator’s possession.

375. (1) Subsection 77(1) of the Act is replaced by the following:

77. (1) The operator of a licensed terminal elevator may, with the Commission’s written permission, on at least 30 days’ notice in writing, in a form and manner prescribed, to the last known holder of an elevator receipt issued by the operator, require the holder to take delivery from the elevator of the grain referred to in the receipt.

(2) Subsection 77(2) of the English version of the Act is replaced by the following:

(2) If the holder of an elevator receipt issued by the operator of a licensed terminal elevator fails to take delivery of the grain referred to in a notice given under subsection (1) within the period for taking delivery set out in it, whether or not the notice has been brought to his or her attention, the operator of the elevator may, on any terms that may be specified in writing by the Commission, sell the identical grain or grain of the same kind, grade and quantity.

(3) Subsection 77(4) of the Act is replaced by the following:

(4) Each elevator receipt issued by the operator of a licensed terminal elevator shall bear the warning set out in subsection 65(4).

376. The heading before section 79 and sections 79 and 80 of the Act are repealed.

377. Section 82.1 of the Act and the heading before it are repealed.

378. Subsection 87(1) of the Act is replaced by the following:

87. (1) One or more producers of grain, but not more than the number that the Commission may designate by order, may apply in writing to the Commission, in the prescribed form, for a railway car to receive and carry grain to a terminal elevator or process elevator or to a consignee at a destination other than an elevator, if they have grain in sufficient quantity to fill a railway car and if it may be lawfully delivered to a railway company for carriage to those elevators or other consignee.

379. Subsection 88(1) of the Act is amended by striking out “and” after paragraph (a) and by adding the following after that paragraph:

380. Subsection 90(1) of the Act is replaced by the following:

90. (1) An inspector may seize any documents or records that he or she has reasonable grounds to believe contain or are evidence that an offence under this Act was committed — and, in any event, shall without delay report to the Commission the facts ascertained by him or her — if he or she has reasonable grounds to believe that

(a) any offence under this Act was committed;

(b) any grain, grain product or screenings in an elevator are infested or contaminated;

(c) any equipment in an elevator is in such condition that grain, grain products or screenings cannot safely or accurately be weighed or handled in the elevator; or

(d) an elevator is in any condition that causes danger to persons or loss or deterioration of grain, grain products or screenings stored in it.

381. Paragraph 91(1)(c) of the Act is repealed.

382. (1) The portion of subsection 93(1) of the Act before paragraph (b) is replaced by the following:

93. (1) If, on receiving the report of an inspector under section 90 or on making an investigation under section 91, the Commission has reasonable grounds to believe that a licensee has failed to comply with any condition of a licence or has committed an offence under this Act or that a condition referred to in paragraph 90(1)(b), (c) or (d) exists in a licensed elevator, the Commission may, by order,

(a) require that any grain, grain product or screenings in the elevator be weighed and inspected, for the purpose of determining the amount in stock of the grain, grain product or screenings, as the case may be, in the elevator, by the licensee or a person authorized by the Commission and, to permit the weighing and inspection, prohibit, for any period not exceeding 30 days that is specified in the order, the receipt into or removal from the premises of the elevator, or both, of any grain, grain products or screenings;

(2) The portion of subsection 93(1) of the French version of the Act after paragraph (a) is replaced by the following:

383. Subsection 95(1) of the Act is replaced by the following:

95. (1) The Commission may, by order, revoke a licence to operate an elevator or a licence to carry on business as a grain dealer, as the case may be, if

(a) the licensee has failed or refused to comply with any requirement of an order, in relation to the operation of an elevator, made under subsection 93(1) or paragraph 94(3)(b);

(b) the licensee or the manager of a licensed elevator is found guilty of an offence under this Act;

(d) the licensee has failed to obtain additional security as required by any order made under subsection 49(1); or

384. Section 97 of the Act is amended by adding “and” after paragraph (a), by striking out “and” at the end of paragraph (b) and by repealing paragraph (c).

385. Subsection 111(2) of the Act is repealed.

386. Sections 113 and 114 of the Act are repealed.

387. Paragraph 115(d) of the Act is replaced by the following:

(d) direct that any grade established under this Act be assigned only to grain being officially inspected on discharge from a terminal elevator;

388. (1) Paragraph 116(1)(i) of the Act is replaced by the following:

(i) prescribing the procedure to be followed on appeals as to grades of grain;

(2) Paragraphs 116(1)(k) and (k.1) of the Act are replaced by the following:

(k) respecting the security to be obtained, by way of bond, suretyship, insurance or otherwise, for the purposes of subsection 45.1(1);

389. (1) Paragraph 118(a) of the Act is replaced by the following:

(a) subject to any order made by the Governor in Council under section 115, governing the allocation of available railway cars to terminal elevators and among shipping points on any line of railway;

(2) Section 118 of the Act is amended by adding the following after paragraph (b):

(3) Paragraph 118(f) of the Act is replaced by the following:

(f) providing for the equitable apportionment, among shippers, of elevator storage space in licensed terminal elevators;

Related Amendments

An Act to amend the Canada Grain Act and the Agriculture and Agri-food Administrative Monetary Penalties Act and to repeal the Grain Futures Act

390. (1) Subsection 1(1) of An Act to amend the Canada Grain Act and the Agriculture and Agri-Food Administrative Monetary Penalties Act and to repeal the Grain Futures Act, chapter 22 of the Statutes of Canada, 1998, is repealed.

(2) Subsection 1(3) of the Act is replaced by the following:

(3) Section 2 of the Act is amended by adding the following in alphabetical order:

“penalty” means an administrative monetary penalty imposed under the Agriculture and Agri-Food Administrative Monetary Penalties Act for a violation;

“violation” means any contravention of this Act or the regulations or any order that may be proceeded with in accordance with the Agriculture and Agri-Food Administrative Monetary Penalties Act;

391. Sections 2 to 5 of the Act are replaced by the following:

5. Subsection 46(3) of the Act is replaced by the following:

(3) The Commission may refuse to issue a licence to any applicant who, within the 12 months immediately before the application for the licence, has been convicted of an offence under this Act or has been found to have committed a violation if the Commission is satisfied that it would not be in the public interest to issue a licence to the applicant.

392. Subsections 6(1) and (2) of the Act are repealed.

393. Section 7 of the Act is repealed.

394. Section 10 of the Act is repealed.

395. Section 15 of the Act is replaced by the following:

15. The Act is amended by adding the following after section 68:

68.1 For greater certainty, in sections 60 to 68, “licensed primary elevator” means a primary elevator operating under a primary elevator licence referred to in paragraph 42(a).

396. Section 16 of the Act is repealed.

397. Section 18 of the Act is replaced by the following:

18. Section 90 of the Act is replaced by the following:

90. (1) An inspector may seize any documents or records that he or she has reasonable grounds to believe contain or are evidence that an offence under this Act or a violation was committed — and, in any event, shall without delay report to the Commission the facts ascertained by him or her — if he or she has reasonable grounds to believe that

(a) any offence under this Act or any violation was committed;

(b) any grain, grain product or screenings in an elevator are infested or contaminated;

(c) any equipment in an elevator is in such condition that grain, grain products or screenings cannot safely or accurately be weighed or handled in the elevator; or

(d) an elevator is in any condition that causes danger to persons or loss or deterioration of grain, grain products or screenings stored in it.

(2) Documents or records seized under subsection (1) shall not be detained after the expiration of 30 days from the seizure unless before that time proceedings in respect of an offence under this Act or a violation, in respect of which the documents or records contain or are evidence, have been instituted, in which event the documents or records may be detained until the proceedings are finally concluded.

398. Section 19 of the Act is replaced by the following:

19. Subsection 93(1) of the Act is replaced by the following:

93. (1) If, on receiving the report of an inspector under section 90 or on making an investigation under section 91, the Commission has reasonable grounds to believe that a licensee has failed to comply with any condition of a licence or has committed an offence under this Act or committed a violation or that a condition referred to in paragraph 90(1)(b), (c) or (d) exists in a licensed elevator, the Commission may, by order,

(a) require that any grain, grain product or screenings in the elevator be weighed and inspected, for the purpose of determining the amount in stock of the grain, grain product or screenings, as the case may be, in the elevator, by the licensee or a person authorized by the Commission and, to permit the weighing and inspection, prohibit, for any period not exceeding 30 days that is specified in the order, the receipt into or removal from the premises of the elevator, or both, of any grain, grain products or screenings;

(b) in the case of a condition referred to in paragraph 90(1)(b), (c) or (d),

(i) require that the condition be remedied in the manner and within the time that is specified in the order,

(ii) require that the grain, grain products or screenings in the elevator that are specified in the order be stored or disposed of in any manner that the Commission considers equitable, and

(iii) prohibit, for any period not exceeding 30 days that is specified in the order, any particular use of the elevator or its equipment; and

(c) whether or not the Commission exercises any of the powers conferred by paragraphs (a) and (b), in its discretion, suspend the licence to operate the elevator or the licence to carry on business as a grain dealer for any period not exceeding 30 days that is specified in the order.

399. Section 21 of the Act is replaced by the following:

21. Subsection 95(1) of the Act is replaced by the following:

95. (1) The Commission may, by order, revoke a licence to operate an elevator or to carry on business as a grain dealer, as the case may be, if

(a) the licensee has failed or refused to comply with any requirement of an order made under subsection 93(1), in relation to the operation of the elevator or any order made under paragraph 94(3)(b);

(b) the licensee or the manager of a licensed elevator is found guilty of an offence under this Act or has committed a violation;

(d) the licensee has failed to obtain additional security as required by any order made under subsection 49(1); or

400. Section 22 of the English version of the Act is replaced by the following:

22. Paragraph 97(a) of the Act is replaced by the following:

(a) for the payment, by any complainant, licensee or other person to whom the jurisdiction of the Commission extends, of compensation to any person for loss or damage sustained by that person resulting from a violation or a contravention of or failure to comply with any provision of this Act or any regulation, order or licence made or issued under this Act; and

401. Section 23 of the Act is replaced by the following:

23. Sections 107 to 109 of the Act are replaced by the following:

107. Every person who contravenes any provision of this Act or of the regulations or any order of the Commission, other than an order for the payment of any money or apportionment of any loss, is guilty of

(a) an offence punishable on summary conviction and liable to a fine not exceeding $50,000 or to imprisonment for a term not exceeding six months, or to both; or

(b) an indictable offence and liable to a fine not exceeding $250,000 or to imprisonment for a term not exceeding two years, or to both.

108. (1) Any manager of an elevator or any other employee or agent or mandatary of the operator or licensee of an elevator, who does any act or thing directed to the commission of an offence under this Act or a violation by the operator or licensee is a party to and guilty of the offence or violation, as the case may be.

(2) Any employee or agent or mandatary of a licensed grain dealer who does any act or thing directed to the commission of an offence under this Act or a violation by the dealer is a party to and guilty of the offence or violation, as the case may be.

109. In any prosecution for an offence under this Act or a violation, a document purporting to have been signed by a commissioner or any officer or employee of the Commission in the course of the performance of his or her duties is evidence of the facts stated in the document without proof of the signature or of the official character of the person appearing to have signed the document.

402. Subsections 24(2) and (3) of the Act are repealed.

Federal Law–Civil Law Harmonization Act, No. 1

403. Section 174 of the Federal Law–Civil Law Harmonization Act, No. 1 is repealed.

Federal Law–Civil Law Harmonization Act, No. 2

404. Section 207 of the Federal Law–Civil Law Harmonization Act, No. 2 is repealed.

Transitional Provisions

405. As of the day on which subsection 351(1) comes into force, any reference to a transfer elevator is to be read as a reference to a terminal elevator in any order, licence, elevator receipt or other document made or issued under the Canada Grain Act.

406. Despite sections 358 and 359, sections 39 to 41 of the Canada Grain Act, as they read immediately before the day on which section 358 comes into force, continue to apply in relation to official inspections made under that Act before that day, and the mandate of the members of the grain appeal tribunals is extended for that purpose and the members continue to receive the allowance and expenses to which they are entitled.

407. Every licensee who has given security under the Canada Grain Act before the coming into force of section 362, shall obtain security as required by subsection 45.1(1), as enacted by that section, within 90 days after the day on which section 362 comes into force.

408. Security given under the Canada Grain Act before the day on which section 362 comes into force may be retained for the duration of its validity but in no case for no more than 90 days from the day on which that section comes into force and used for any purpose for which it was given.

409. An elevator receipt issued by the operator of a licensed transfer elevator in the form prescribed under the Canada Grain Act that has clearly appearing on the face of it the words “Not Negotiable” before the day on which section 385 comes into force is not to be transferred from holder to holder by the endorsement and delivery of the document to the endorsee.

Coming into Force

410. The provisions of this Division, other than sections 390 to 409, come into force on a day or days to be fixed by the Governor in Council.

Division 20

International Interests in Mobile Equipment (aircraft equipment) Act

Amendments to the Act

411. Subsection 4(2) of the International Interests in Mobile Equipment (aircraft equipment) Act is replaced by the following:

(2) Subsection (1) does not apply in respect of Articles 47 to 62 of the Convention and Articles XXVI to XXXVII of the Aircraft Protocol.

412. Section 6 of the Act is replaced by the following:

6. (1) Subject to subsection (2), a provision of this Act or of the regulations, or a provision of the Convention or Aircraft Protocol given force of law by section 4, that is inconsistent with any other law prevails over the other law to the extent of the inconsistency.

413. The Act is amended by adding the following after section 9:

Consequential Amendments

Bankruptcy and Insolvency Act

414. The definition “aircraft objects” in section 2 of the Bankruptcy and Insolvency Act is repealed.

415. Paragraph 65.1(4)(c) of the Act is repealed.

416. Paragraph 69(2)(d) of the Act is repealed.

417. Paragraph 69.1(2)(d) of the Act is repealed.

418. (1) The portion of subsection 69.3(2) of the Act before paragraph (a) is replaced by the following:

(2) Subject to sections 79 and 127 to 135 and subsection 248(1), the bankruptcy of a debtor does not prevent a secured creditor from realizing or otherwise dealing with his or her security in the same manner as he or she would have been entitled to realize or deal with it if this section had not been passed, unless the court otherwise orders, but in so ordering the court shall not postpone the right of the secured creditor to realize or otherwise deal with his or her security, except as follows:

(2) Subsection 69.3(3) of the Act is repealed.

Companies’ Creditors Arrangement Act

419. The definition “aircraft objects” in subsection 2(1) of the Companies’ Creditors Arrangement Act is repealed.

420. Section 11.07 of the Act is repealed.

421. Paragraph 34(4)(c) of the Act is repealed.

Winding-up and Restructuring Act

422. The definition “aircraft objects” in subsection 2(1) of the Winding-up and Restructuring Act is repealed.

423. Section 22.2 of the Act is repealed.

Coming into Force

424. Sections 414 to 423 come into force on a day to be fixed by order of the Governor in Council.

Division 21

Canadian Environmental Assessment Act, 2012

425. Subparagraph 5(1)(c)(i) of the French version of the Canadian Environmental Assessment Act, 2012 is replaced by the following:

426. The portion of section 7 of the English version of the Act before paragraph (a) is replaced by the following:

7. A federal authority must not exercise any power or perform any duty or function conferred on it under any Act of Parliament other than this Act that could permit a designated project to be carried out in whole or in part unless

427. Paragraph 14(5)(b) of the English version of the Act is replaced by the following:

(b) a federal authority has exercised a power or performed a duty or function conferred on it under any Act of Parliament other than this Act that could permit the physical activity to be carried out, in whole or in part.

428. The portion of subsection 53(4) of the Act before paragraph (a) is replaced by the following:

(4) The conditions referred to in subsections (1) and (2) must include

429. Sections 63 and 64 of the English version of the Act are replaced by the following:

63. The responsible authority referred to in any of paragraphs 15(a) to (c) may terminate the environmental assessment of a designated project for which it is the responsible authority if it decides not to exercise any power or perform any duty or function conferred on it under any Act of Parliament other than this Act that could permit the designated project to be carried out in whole or in part and, if the responsible authority is referred to in paragraph 15(c), the environmental assessment of a designated project was not referred to a review panel under section 38.

64. The Minister may terminate the environmental assessment by a review panel of a designated project for which the responsible authority is referred to in paragraph 15(c) if it decides not to exercise any power or perform any duty or function conferred on it under any Act of Parliament other than this Act that could permit the designated project to be carried out in whole or in part.

430. The definition “project” in section 66 of the Act is replaced by the following:

“project” means a physical activity that is carried out on federal lands or outside Canada in relation to a physical work and is not a designated project.

431. The portion of section 67 of the English version of the Act before paragraph (a) is replaced by the following:

67. An authority must not carry out a project on federal lands, or exercise any power or perform any duty or function conferred on it under any Act of Parliament other than this Act that could permit a project to be carried out, in whole or in part, on federal lands, unless

432. Section 128 of the Act is amended by adding the following after subsection (1):

Division 22

Canada Employment Insurance Financing Board

Employment Insurance Act

433. (1) Paragraphs 4(2)(a) and (b) of the Employment Insurance Act are replaced by the following:

(a) the average for the 12-month period ending on March 31 in the preceding year of the Average Weekly Earnings for each month in that period

by

(b) the ratio that the average for the 12-month period ending on March 31 in that preceding year of the Average Weekly Earnings for each month in that 12-month period bears to the average for the 12-month period ending 12 months prior to March 31 of that preceding year of the Average Weekly Earnings for each month in that 12-month period ending 12 months prior to March 31 of that preceding year.

(2) Paragraphs 4(2)(a) and (b) of the Act are replaced by the following:

(a) the average for the 12-month period ending on April 30 in the preceding year of the Average Weekly Earnings for each month in that period

by

(b) the ratio that the average for the 12-month period ending on April 30 in that preceding year of the Average Weekly Earnings for each month in that 12-month period bears to the average for the 12-month period ending 12 months prior to April 30 of that preceding year of the Average Weekly Earnings for each month in that 12-month period ending 12 months prior to April 30 of that preceding year.

(3) Subsection 4(3) of the Act is replaced by the following:

(3) For years subsequent to the year in which the maximum yearly insurable earnings exceeds $39,000, before rounding down under subsection (4), the maximum yearly insurable earnings is the maximum yearly insurable earnings for the preceding year, before rounding down under that subsection, multiplied by the ratio that the average for the 12-month period ending on March 31 in that preceding year of the Average Weekly Earnings for each month in that 12-month period bears to the average for the 12-month period ending 12 months prior to March 31 of that preceding year of the Average Weekly Earnings for each month in that 12-month period ending 12 months prior to March 31 of that preceding year.

(4) Subsection 4(3) of the Act is replaced by the following:

(3) For years subsequent to the year in which the maximum yearly insurable earnings exceeds $39,000, before rounding down under subsection (4), the maximum yearly insurable earnings is the maximum yearly insurable earnings for the preceding year, before rounding down under that subsection, multiplied by the ratio that the average for the 12-month period ending on April 30 in that preceding year of the Average Weekly Earnings for each month in that 12-month period bears to the average for the 12-month period ending 12 months prior to April 30 of that preceding year of the Average Weekly Earnings for each month in that 12-month period ending 12 months prior to April 30 of that preceding year.

434. (1) Section 65.21 of the Act is replaced by the following:

(2) Section 65.21 of the Act is replaced by the following:

65.21 In this Part, “Board” means the Canada Employment Insurance Financing Board established by subsection 3(1) of the Canada Employment Insurance Financing Board Act.

435. (1) Subsection 66(1) of the Act is replaced by the following:

66. (1) Subject to subsection (7), the Governor in Council shall, on the joint recommendation of the Minister and the Minister of Finance, set the premium rate for each year in order to generate just enough premium revenue during that year to ensure that at the end of that year the total of the amounts credited to the Employment Insurance Operating Account after December 31, 2008 is equal to the total of the amounts charged to that Account after that date.

(2) The portion of subsection 66(2) of the Act before paragraph (a) is replaced by the following:

(2) The Governor in Council shall set the premium rate based on

(3) The portion of subsection 66(2) of the Act before paragraph (a) is replaced by the following:

(2) Subject to any regulations made under subsections 66.1(2) and 66.2(2), the Board shall set the premium rate based on

(4) Paragraph 66(2)(b) of the Act is repealed.

(5) Subsection 66(2) of the Act is amended by adding the following after paragraph (a):

(b) the amount by which the Board’s financial assets exceed its financial liabilities;

(6) Paragraph 66(2)(f) of the English version of the Act is replaced by the following:

(f) any other information that the Governor in Council considers relevant.

(7) Paragraph 66(2)(f) of the English version of the Act is replaced by the following:

(f) any other information that the Board considers relevant.

(8) Subsection 66(9) of the Act is replaced by the following:

(9) On or before September 14 in a year, the Governor in Council shall set the premium rate for the following year.

(9) Subsection 66(9) of the Act is replaced by the following:

(9) On or before September 14 in a year, the Board shall set the premium rate for the following year.

436. (1) The portion of subsection 66.1(1) of the Act before paragraph (a) is replaced by the following:

66.1 (1) The Minister shall, on or before June 22 in a year, provide the actuary with the following information:

(2) The portion of subsection 66.1(1) of the Act before paragraph (a) is replaced by the following:

66.1 (1) The Minister shall, on or before July 31 in a year, provide the Board with the following information:

(3) Paragraph 66.1(1)(b) of the Act is replaced by the following:

(b) the forecast costs to be paid under paragraphs 77(1)(d), (f) and (g) during the following year, including any forecast change in those costs resulting from any change to the payments referred to in paragraph (a);

(4) Paragraph 66.1(1)(b) of the Act is replaced by the following:

(b) the forecast costs to be paid under paragraphs 77(1)(d) and (g) during the following year, including any forecast change in those costs resulting from any change to the payments referred to in paragraph (a);

(5) Subsection 66.1(1) of the Act is amended by adding “and” at the end of paragraph (b), by striking out “and” at the end of paragraph (c) and by repealing paragraph (d).

(6) Subsection 66.1(1) of the Act is amended by adding “and” at the end of paragraph (c) and by adding the following after paragraph (c):

(d) any prescribed information.

(7) Subsection 66.1(2) of the Act is replaced by the following:

(8) Subsection 66.1(2) of the Act is replaced by the following:

(2) On the recommendation of the Minister, the Governor in Council may make regulations

(a) prescribing information referred to in paragraph (1)(d); and

(b) specifying which of the information referred to in subsection (1) is binding on the Board.

437. (1) The portion of subsection 66.2(1) of the Act before paragraph (a) is replaced by the following:

66.2 (1) The Minister of Finance shall, on or before June 22 in a year, provide the actuary with the following information:

(2) The portion of subsection 66.2(1) of the Act before paragraph (a) is replaced by the following:

66.2 (1) The Minister of Finance shall, on or before July 31 in a year, provide the Board with the following information:

(3) Subsection 66.2(1) of the Act is amended by adding “and” at the end of paragraph (a) and by replacing paragraphs (b) to (d) with the following:

(b) the amounts forecast under subparagraphs 77.1(a)(i) and (ii) and the total estimated under subparagraph 77.1(a)(iii).

(4) Paragraph 66.2(1)(b) of the Act is replaced by the following:

(b) the amounts forecast under subparagraphs 77.1(1)(a)(i) and (ii) and the total estimated under subparagraph 77.1(1)(a)(iii);

(c) the amount of any payment to be made under subsection 77.1(2) or (4) during the year; and

(d) any prescribed information.

(5) Subsection 66.2(2) of the Act is replaced by the following:

(6) Subsections 66.2(2) and (3) of the Act are replaced by the following:

(2) On the recommendation of the Minister of Finance, the Governor in Council may make regulations

(a) prescribing information referred to in paragraph (1)(d); and

(b) specifying which of the information referred to in subsection (1) is binding on the Board.

438. (1) Sections 66.3 to 66.6 of the Act are replaced by the following:

66.4 If the calculation of a premium rate under section 66 results in a rate that includes a fraction of one per cent, the resulting percentage is to be rounded to the nearest one hundredth of one per cent or, if the resulting percentage is equidistant from two one-hundredths of one percent, to the higher of them.

66.5 The Statutory Instruments Act does not apply in respect of a premium rate set under section 66 or the premiums determined under sections 67 and 68. However, the premium rates must, as soon as possible, be published by the Minister in Part I of the Canada Gazette.

66.6 For greater certainty, the User Fees Act does not apply in respect of the premium rate set under section 66 or the premiums determined under sections 67 and 68.

(2) Sections 66.3 to 66.6 of the Act are replaced by the following:

66.3 (1) On the joint recommendation of the Minister and the Minister of Finance, the Governor in Council may, on or before September 30 in a year,

(a) if the Governor in Council considers it to be in the public interest, substitute a premium rate for the following year that is different from the one set by the Board under section 66; or

(b) if the Board has not set a premium rate under that section by September 14 in the year, set one for the following year.

(2) Subsection 66(7) does not apply to the setting of the premium rate under subsection (1).

66.4 If the calculation of a premium rate under section 66 or 66.3 results in a rate that includes a fraction of one per cent, the resulting percentage is to be rounded to the nearest one hundredth of one per cent or, if the resulting percentage is equidistant from two one-hundredths of one percent, to the higher of them.

66.5 The Statutory Instruments Act does not apply in respect of a premium rate set under section 66 or 66.3 or the premiums determined under sections 67 and 68. However, the premium rates must, as soon as possible, be published by the Board in Part I of the Canada Gazette.

66.6 For greater certainty, the User Fees Act does not apply in respect of the premium rate set under section 66 or 66.3 or the premiums determined under sections 67 and 68.

439. (1) Subsection 77(1) of the Act is amended by adding “and” at the end of paragraph (d) and by repealing paragraphs (e) and (f).

(2) Subsection 77(1) of the Act is amended by adding the following after paragraph (d.1):

(e) the costs to the Board of administering the Canada Employment Insurance Financ-ing Board Act;

(3) Subsection 77(1) of the Act is amended by striking out “and” at the end of paragraph (d.1) and by adding the following in alphabetical order:

(f) the costs to Her Majesty in right of Canada of administering the Canada Employment Insurance Financing Board Act; and

440. (1) The portion of subsection 77.1(1) of the Act before paragraph (a) is replaced by the following:

77.1 On or before June 22 in a year,

(2) The portion of section 77.1 of the Act before paragraph (a) is replaced by the following:

77.1 (1) On or before July 31 in a year,

(3) Subsections 77.1(2) to (6) of the Act are repealed.

(4) Section 77.1 of the Act is amended by adding the following after subsection (1):

(2) A payment in the amount determined under subsection (3) is to be made on or before August 31 in a year to the Board out of the Consolidated Revenue Fund, on the requisition of the Minister of Finance, and charged to the Employment Insurance Operating Account if

(A + C) > (B + D)

where

A      is the amount forecast under subparagraph (1)(a)(i);

B      is the amount forecast under subparagraph (1)(a)(ii);

C      is the total estimated under subparagraph (1)(a)(iii); and

D      is the total estimated under paragraph (1)(b).

(3) For the purpose of subsection (2), the amount of the payment is an amount equal to the amount calculated in accordance with the following formula:

(A + C) – (B + D)

where

A      is the amount forecast under subparagraph (1)(a)(i);

B      is the amount forecast under subparagraph (1)(a)(ii);

C      is the total estimated under subparagraph (1)(a)(iii); and

D      is the total estimated under paragraph (1)(b).

(4) A payment in the amount determined under subsection (5) is to be made on or before August 31 in a year, or at any later date that the Minister of Finance may specify, by the Board to the Consolidated Revenue Fund and credited to the Employment Insurance Operating Account if

(A + C) < (B + D)

where

A      is the amount forecast under subparagraph (1)(a)(i);

B      is the amount forecast under subparagraph (1)(a)(ii);

C      is the total estimated under subparagraph (1)(a)(iii); and

D      is the total estimated under paragraph (1)(b).

(5) For the purpose of subsection (4), the amount of the payment is an amount equal to the lesser of the amount of the Board’s financial assets less its financial liabilities and the amount calculated in accordance with the following formula:

(B + D) – (A + C)

where

A      is the amount forecast under subparagraph (1)(a)(i);

B      is the amount forecast under subparagraph (1)(a)(ii);

C      is the total estimated under subparagraph (1)(a)(iii); and

D      is the total estimated under paragraph (1)(b).

(6) Payments under this section must be made in the manner and on the terms and conditions that the Minister of Finance may establish after consulting with the Minister and the Board.

Department of Human Resources and Skills Development Act

441. (1) Subsection 28(4) of the Department of Human Resources and Skills Development Act is replaced by the following:

(2) Subsection 28(4) of the Act is replaced by the following:

(4) The Commission may request the Canada Employment Insurance Financing Board established under subsection 3(1) of the Canada Employment Insurance Financing Board Act to perform calculations for the purposes of sections 4 and 69 of the Employment Insurance Act in accordance with an agreement between the Commission and that Board.

Canada Employment Insurance Financing Board Act

Amendments to the Act

442. (1) The definition “Board” in section 2 of the Canada Employment Insurance Financing Board Act is replaced by the following:

“Board” means the Canada Employment Insurance Financing Board established by subsection 3(1) as that subsection read immediately before it was repealed.

(2) The definition “Board” in section 2 of the Act is replaced by the following:

“Board” means the Canada Employment Insurance Financing Board established by subsection 3(1).

443. (1) Subsection 3(1) of the Act is repealed.

(2) Section 3 of the Act is amended by adding the following before subsection (2):

3. (1) There is established a corporation to be known as the Canada Employment Insurance Financing Board.

444. Subsection 10(5) of the Act is replaced by the following:

(5) The Minister shall fix and pay the remuneration and expenses of the chairperson of the nominating committee.

445. (1) The Act is amended by adding the following after section 36:

(2) The heading before section 37 and sections 37 to 39 of the Act are repealed.

Suspension

446. The operation of sections 27, 28 and 30 to 34 of the Canada Employment Insurance Financing Board Act is suspended.

447. The operation of sections 1 and 2, subsections 3(2) to (7) and sections 4 to 26, 29, 35 and 36 of the Canada Employment Insurance Financing Board Act is suspended.

448. The suspension of the provisions of the Canada Employment Insurance Financing Board Act ends on a day or days to be fixed by order of the Governor in Council.

Transitional Provision

449. When the Governor in Council makes an order under section 448 that ends the suspension of the operation of subsection 10(6) of the Canada Employment Insurance Financing Board Act, the nominating committee does not, for the purposes of that subsection, have to consult the board of directors until the first seven directors have been appointed by the Governor in Council.

Jobs, Growth and Long-term Prosperity Act

450. Subsection 610(2) of the Jobs, Growth and Long-term Prosperity Act is amended by replacing the paragraph (b) that it enacts with the following:

(b) the forecast costs to be paid under paragraphs 77(1)(d), (d.1), (f) and (g) during each of the following seven years, including any forecast change in those costs resulting from any change to the payments referred to in paragraph (a);

451. Subsection 619(3) of the Act is replaced by the following:

(3) Subsections 609(2) and (6), 610(2) and 611(2) come into force on a day to be fixed by order of the Governor in Council.

Transitional Provisions

452. The following definitions apply in sections 453 to 460.

“Board” has the same meaning as in section 2 of the Canada Employment Insurance Fi-nancing Board Act.

“Minister” has the same meaning as in section 2 of the Canada Employment Insurance Financing Board Act.

453. (1) Members of the Board’s board of directors appointed under subsection 9(1) or (5) of the Canada Employment Insurance Financing Board Act cease to hold office on the coming into force of this subsection.

(2) Despite the provisions of any contract, agreement or order, no person appointed to hold office as a member of the Board’s board of directors has any right to claim or receive any compensation, damages, indemnity or other form of relief from Her Majesty in right of Canada or from any employee or agent of Her Majesty for ceasing to hold that office or for the abolition of that office by the operation of this Division.

454. The Board is dissolved.

455. Every reference to the Board in a deed, contract, agreement or other document executed by the Board in its own name before the day on which section 454 comes into force is to be read as a reference to Her Majesty in right of Canada as represented by the Minister, unless the context requires otherwise.

456. Any surplus of financial assets that remains after the satisfaction of the debts and liabilities of the Board on the day on which section 454 comes into force is to be paid into the Consolidated Revenue Fund and credited to the Employment Insurance Operating Account established under section 70.2 of the Employment Insurance Act.

457. Any debts and liabilities of the Board that remain unsatisfied on the day on which section 454 comes into force become the debts and liabilities of Her Majesty in right of Canada.

458. Any action, suit or other legal proceeding in respect of an obligation or liability incurred by the Board before the day on which section 454 comes into force may be brought against Her Majesty in right of Canada in any court that would have had jurisdiction if the action, suit or other legal proceeding had been brought against the Board.

459. Any action, suit or other legal proceeding to which the Board is a party that is pending in any court immediately before the day on which section 454 comes into force may be continued by or against Her Majesty in right of Canada in like manner and to the same extent as it could have been continued by or against the Board.

460. After the closing out of the Board’s affairs, its accounts and financial transactions are to be audited by the Auditor General of Canada, and a report of the audit is to be made to the Minister.