BILL C-71 - As passed by the House of Commons

1993, c. 28	Nunavut Act
	*12. Section 57 of Schedule III to the Nunavut Act* and the heading before it are repealed.**
	Coming into Force
	13. (1) Sections 2 to 11 are deemed to have come into force on April 1, 1999.
	(2) Section 12 is deemed to have come into force on March 31, 1999.
	PART 2
	PUBLIC SECTOR PENSIONS
R.S., c. C-17	Canadian Forces Superannuation Act
1992, c. 46, s. 40(1)	*14. (1) Subparagraphs 15(1)(a)(ii) and (iii) of the Canadian Forces Superannuation Act* are replaced by the following:**
	(ii) the average annual pay received by the contributor during any five-year period of pensionable service selected by or on behalf of the contributor, or during any period so selected consisting of consecutive periods of pensionable service totalling five years, or
	(iii) in the case of a contributor who has to the contributor's credit less than five years of pensionable service, the average annual pay received by the contributor during the period of pensionable service to the contributor's credit, and
	(2) The definition ``Average Maximum Pensionable Earnings'' in subsection 15(3) of the Act is replaced by the following:
``Average Maximum Pensionable Earnings'' « moyenne des maximums des gains ouvrant droit à pension »	``Average Maximum Pensionable Earnings'' means, with respect to any contributor, the average of the Year's Maximum Pensionable Earnings for the year in which he or she ceased to be a member of the regular force and for each of the four preceding years;
	(3) Section 15 of the Act is amended by adding the following after subsection (5):
Application	(6) Subparagraphs (1)(a)(ii) and (iii), as enacted by subsection 14(1) of the Budget Implementation Act, 1999, apply with respect to benefits payable to or in respect of a person who contributes under section 5 or 75 on or after the day on which this subsection comes into force but do not apply to a person who became entitled to an annuity before the coming into force of this subsection and is a person described in section 41 and who is only entitled to a return of contributions in respect of the period of service in the regular or reserve force after the time of his or her re-enrollment within the meaning of that section.
Application	(7) The definition ``Average Maximum Pensionable Earnings'' in subsection (3), as enacted by subsection 14(2) of the Budget Implementation Act, 1999, applies only with respect to deductions from annuities made under subsection (2) that take effect on or after the day on which this subsection comes into force.
R.S., c. P-36	Public Service Superannuation Act
1992, c. 46, s. 8(1)	*15. (1) Subparagraphs 11(1)(a)(ii) and (iii) of the Public Service Superannuation Act* are replaced by the following:**
	(ii) the average annual salary received by the contributor during any five-year period of pensionable service selected by or on behalf of the contributor, or during any period so selected consisting of consecutive periods of pensionable service totalling five years, or
	(iii) in the case of a contributor who has to the contributor's credit less than five years of pensionable service, the average annual salary received by the contributor during the period of pensionable service to the contributor's credit; and
	(2) The definition ``Average Maximum Pensionable Earnings'' in subsection 11(3) of the Act is replaced by the following:
``Average Maximum Pensionable Earnings'' « moyenne des maximums des gains ouvrant droit à pension »	``Average Maximum Pensionable Earnings'' means, with respect to any contributor, the average of the Year's Maximum Pensionable Earnings for the year in which the contributor
	(a) ceased to be employed in the Public Service, or
	(b) becomes entitled to receive a retirement pension under the Canada Pension Plan or a provincial plan similar thereto,
	whichever is the earlier, and for each of the four preceding years;
	(3) Section 11 of the Act is amended by adding the following after subsection (8):
Application	(9) Subparagraphs (1)(a)(ii) and (iii), as enacted by subsection 15(1) of the Budget Implementation Act, 1999, apply with respect to benefits payable to or in respect of a person who contributes under section 5 or 65 on or after the day on which this subsection comes into force but do not apply to a person who became entitled to an annuity before the coming into force of this subsection, is re-employed in the Public Service and is a contributor referred to in section 29 and who, on ceasing to be re-employed, exercises an option in favour of a return of contributions or is only entitled to a return of contributions.
Application	(10) The definition ``Average Maximum Pensionable Earnings'' in subsection (3), as enacted by subsection 15(2) of the Budget Implementation Act, 1999, applies only with respect to deductions from annuities made under subsection (2) that take effect on or after the day on which this subsection comes into force.
R.S., c. R-11	Royal Canadian Mounted Police Superannuation Act
1992, c. 46, s. 68(1)	*16. (1) Subparagraphs 10(1)(a)(ii) and (iii) of the Royal Canadian Mounted Police Superannuation Act* are replaced by the following:**
	(ii) the average annual pay received by the contributor during any five-year period of pensionable service selected by or on behalf of the contributor, or during any period so selected consisting of consecutive periods of pensionable service totalling five years, or
	(iii) in the case of a contributor who has to the contributor's credit less than five years of pensionable service, the average annual pay received by the contributor during the period of pensionable service to the contributor's credit, and
	(2) The definition ``Average Maximum Pensionable Earnings'' in subsection 10(3) of the Act is replaced by the following:
``Average Maximum Pensionable Earnings'' « moyenne des maximums des gains ouvrant droit à pension »	``Average Maximum Pensionable Earnings'' means, with respect to any contributor, the average of the Year's Maximum Pensionable Earnings for the year in which he or she ceased to be a member of the Force and for each of the four preceding years;
	(3) Section 10 of the Act is amended by adding the following after subsection (5):
Application	(6) Subparagraphs (1)(a)(ii) and (iii), as enacted by subsection 16(1) of the Budget Implementation Act, 1999, apply with respect to benefits payable to or in respect of a person who contributes under section 5 or 36 on or after the day on which this subsection comes into force but do not apply to a person who became entitled to an annuity before the coming into force of this subsection, is re-appointed to or re-enlisted in the Force and is a contributor referred to in section 23 and who, on subsequently ceasing to be a member of the Force, exercises an option in favour of a return of contributions or is only entitled to a return of contributions.
Application	(7) The definition ``Average Maximum Pensionable Earnings'' in subsection (3), as enacted by subsection 16(2) of the Budget Implementation Act, 1999, applies only with respect to deductions from annuities made under subsection (2) that take effect on or after the day on which this subsection comes into force.
	PART 3
	HUMAN RESOURCES MANAGEMENT
R.S., c. C-23	Canadian Security Intelligence Service Act
1996, c. 18, s. 2	*17. Subsection 9.1(2) of the Canadian Security Intelligence Service Act* is replaced by the following:**
Limit on maximum rate of increase	(2) During the period referred to in paragraph 62(1)(b) of the Public Service Staff Relations Act, an arbitration board, as defined in subsection 2(1) of that Act, shall, in rendering an arbitral award, limit the aggregate amount of any increase in pay and other benefits in respect of any dispute applicable to employees of the Service to that concluded through collective bargaining or otherwise by a comparable bargaining unit in the Public Service, within the meaning of that Act, after the compensation plan applicable to that bargaining unit ceased to be continued by virtue of the Public Sector Compensation Act.
R.S., c. 33 (2nd Supp.)	Parliamentary Employment and Staff Relations Act
1996, c. 18, s. 11	*18. Section 53.1 of the Parliamentary Employment and Staff Relations Act* is replaced by the following:**
Limit on increases for certain period	53.1 Notwithstanding any other provision of this Act, during the period in which the referral of a dispute to arbitration as the process for the resolution of a dispute under the Public Service Staff Relations Act is suspended under paragraph 62(1)(b) of that Act, the Board shall, in rendering an arbitral award, limit the aggregate amount of any increase in pay and other benefits in respect of any dispute applicable to employees to that concluded through collective bargaining or otherwise by a comparable bargaining unit in the Public Service, within the meaning of that Act, after the compensation plan applicable to that bargaining unit ceased to be continued by virtue of the Public Sector Compensation Act.
R.S., c. P-35	Public Service Staff Relations Act
1996, c. 18, s. 20	*19. (1) Subsection 62(1) of the Public Service Staff Relations Act* is replaced by the following:**
Suspension	62. (1) The operation of sections 64 to 75.1 is suspended
	(a) in the case of any portion of the public service of Canada specified in Part I of Schedule I or any separate employer designated under subsection (4), with respect to a dispute in relation to collective bargaining commenced by notice to bargain collectively given during the period beginning on the day on which this section, as it read immediately before the coming into force of section 19 of the Budget Implementation Act, 1999, came into force and ending on June 20, 2001; and
	(b) in the case of any other separate employer, during the period beginning on the day on which this section, as it read immediately before the coming into force of section 19 of the Budget Implementation Act, 1999, came into force and ending on June 20, 1999.
	(2) Section 62 of the Act is amended by adding the following after subsection (3):
Order	(4) The Governor in Council may, by order, designate any separate employer for the purposes of paragraph (1)(a).
	PART 4
	ADMINISTRATION OF PUBLIC MONEYS
R.S., c. F-11	Financial Administration Act
1995, c. 17, s. 58	*20. Section 18 of the Financial Administration Act* is repealed.**
	21. Section 43 of the English version of the Act is replaced by the following:
Parliamen- tary authority required	43. No money shall be borrowed or securities issued by or on behalf of Her Majesty without the authority of Parliament.
1991, c. 24, s. 18	22. Sections 44 to 46 of the Act are replaced by the following:
Raising of money	44. (1) When by this Act or any other Act of Parliament authority is given to raise money by Her Majesty, the Governor in Council may, subject to the Act authorizing the raising of the money, authorize the Minister to borrow the money by any means that the Minister considers appropriate.
Maximum	(2) The aggregate principle amount of money borrowed by the Minister under this section in any fiscal year may not exceed the amount that is specified by order of the Governor in Council for that fiscal year.
Powers of Minister	(3) Subject to any terms and conditions that the Governor in Council may specify, the Minister may enter into any contract or agreement, issue securities and do any other thing relating to the borrowing of money that the Minister considers appropriate.
Transitional	(4) Subsection (3) applies with respect to anything done in relation to borrowings under this section, as it read immediately before the coming into force of this subsection, as though the borrowing were done under subsection (1).
Auctions	45. (1) If the Minister borrows money by way of an auction, the Minister may establish rules governing the conduct of the auction, including rules relating to
	(a) the eligibility of persons to participate in the auction;
	(b) the provision to the Minister by participants of any information that the Minister considers relevant, including information respecting holdings of securities and transactions in securities;
	(c) the form of bids;
	(d) the maximum amount that may be bid for by a participant; and
	(e) the certification and verification of bids.
Rules not statutory instruments	(2) Rules governing the conduct of an auction are not statutory instruments as defined in the Statutory Instruments Act.
Contracts and agreements	45.1 The Governor in Council may authorize the Minister, subject to any terms and conditions that the Governor in Council may specify, to enter into any contract or agreement of a financial nature, including options, derivatives, swaps and forwards, on such terms and conditions as the Minister considers necessary.
Powers - management of assets and liabilities	46. The Minister may, on any terms and conditions the Minister considers appropriate, do any of the following if the Minister considers it appropriate for the sound and efficient management of the assets and liabilities of Canada, including contingent liabilities:
	(a) purchase or acquire securities of Canada or any other securities, including purchasing or acquiring them on their issuance, and hold, lend or sell securities of Canada or any other securities; and
	(b) create a charge on, or right or interest in, securities of Canada or any other securities held by the Minister.
Re-financing	46.1 In any fiscal year, the Governor in Council may authorize the Minister to borrow money
	(a) to pay any amount that is required to be paid in that fiscal year in respect of any money borrowed under the authority of this Act, other than section 47, or any other Act of Parliament; or
	(b) to extinguish or reduce any liability of Canada that the Minister is of the opinion should be extinguished or reduced.
1991, c. 24, s. 50 (Sch. II, item 13(F)); 1995, c. 17, s. 59	23. Section 49 of the Act is replaced by the following:
Report on debt management	49. (1) After the Public Accounts are tabled in the House of Commons, the Minister shall cause to be tabled in each House, within the first 45 days on which that House is sitting after the Public Accounts are tabled in the House of Commons, a report on the activities of the Minister in relation to the management of the public debt in the fiscal year to which the Public Accounts relate.
Report next fiscal year	(2) In every fiscal year, the Minister shall cause to be tabled in each House of Parliament a report on the Minister's plans in relation to the management of the public debt in the next fiscal year.
	23.1 Section 51 of the Act is renumbered as subsection 51(1) and is amended by adding the following:
Delegation to Minister	(2) The Governor in Council may authorize the Minister to do anything referred to in paragraphs (1)(a) to (c) for any period that the Governor in Council considers appropriate.
	23.2 Section 55 of the Act is amended by striking out the word ``and'' at the end of paragraph (b), by adding the word "and" at the end of paragraph (c) and by adding the following after paragraph (c):
	(d) all money required to be paid under contracts and agreements entered into under this Part, either before or after the coming into force of this paragraph.
	24. The Act is amended by adding the following after section 60:
Delegation	60.1 The Minister may delegate to any officer of the Department of Finance any of the powers, duties and functions of the Minister under this Part, except the power to delegate under this section.
Coming into force	24.1 Sections 20 to 24 come into force on a day to be fixed by order of the Governor in Council.