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The Miscellaneous Statute Law Amendment Program was
established in 1975. Since then, eight Acts have been passed (1977,
1978, 1981, 1984, 1987, 1992, 1993 and 1994). The purpose of the
Program is to allow minor amendments of a non-controversial nature to
be made to a number of federal statutes without having to wait for
particular statutes to be opened up for amendments of a more substantial
nature. Anyone may suggest amendments for possible inclusion in a set
of proposals, but most of the current proposals have come from
government departments or agencies.
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The Legislation Section of the Department of Justice is responsible
for receiving and reviewing proposals. The following criteria are
applied to determine whether a suggested amendment may be included
in the Proposals tabled in Parliament. The suggested amendment must
not
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(b) involve the spending of public funds;
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(c) prejudicially affect the rights of persons; or
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(d) create a new offence or subject a new class of persons to an
existing offence.
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The Legislation Section prepares a document entitled ``Proposals for a
Miscellaneous Statute Law Amendment Act'', containing only those
proposals that, in its view, meet the Program criteria.
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This document is tabled in the House of Commons by the Minister
of Justice, and referred to the appropriate Standing Committee of the
House. Except in 1977, the proposals have also been tabled in the
Senate and referred to its Standing Committee on Legal and
Constitutional Affairs. Consideration of the proposals by these
Committees has always been thorough and non-partisan. If either of
these Committees considers a proposal to be controversial, that
proposal is dropped. The reports of the Senate Committee have always
been adopted by the Senate, but a motion has never been made for
concurrence in the reports of the House Committee. A Miscellaneous
Statute Law Amendment Bill is then prepared, based on the reports of
the two Committees and containing only proposals approved by both
Committees. Passage of the Bill has always been speedy, given the usual
understanding that the Bill will receive three readings in each House
without debate.
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In the Revised Statutes of Canada, 1985, the revised Income Tax Act
in the 5th Supplement came into force several years after the other
revised statutes. Therefore, references to the Income Tax Act in the other
statutes are based on the pre-revision version of that Act. This means
that in certain cases numbers or terms used in such references differ
from the corresponding numbers or terms used in the revised Income
Tax Act.
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Sections 5 and 15 of the Revised Statutes of Canada, 1985, Act
contain a legal solution to that problem, as they deem the pre-revision
version of such references to be replaced by their revised version.
However, it is felt that possible errors in the interpretation of such
references should be prevented by adapting them to the revised Income
Tax Act.
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As the amendments in Part 2 would normally have been made in the
statute revision process, they do not in any way affect the substance of
the provisions to be amended.
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Part 3 contains conditional amendments. It also repeals a number of
statutes that are spent or no longer have any effect for other reasons.
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Clause 4: Paragraph (a.1) of the definition ``superior
court'' in subsection 3(1) is new. The relevant portion of
that definition reads as follows:
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``superior court'' means
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(a) in the Provinces of Ontario, Nova Scotia and Newfoundland,
the trial division or branch of the Supreme Court of the Province,
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(d) in the Provinces of British Columbia and Prince Edward
Island, the Supreme Court of the Province, and
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Clause 5: (1) The definition ``security officer'' in
subsection 4.7(1) reads as follows:
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``security officer'' means such person as may be designated by the
Minister to be a security officer for the purposes of this section.
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(2) New.
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Clause 7: The relevant portion of subsection 21(1)
reads as follows:
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21. (1) Every person who contravenes section 6 or 8 or subsection
11(2), 13(3) or 17(1) is guilty of an offence and liable
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Clause 8: The relevant portion of the definition
``category I department'' in section 2 reads as follows:
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``category I department'' means
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(c) any department, as defined in the Financial Administration
Act, set out in the schedule;
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Clause 9: The relevant portion of subsection 55(1)
reads as follows:
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55. (1) On the recommendation of the Superintendent, the Minister
may, at the same time that an order is made approving the
commencement and carrying on of business by a foreign bank
subsidiary, by further order, grant the foreign bank subsidiary
permission to
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(a) hold assets that banks are not otherwise permitted by this Act to
hold if such assets consist of shares of a body corporate incorporated
by or under an Act of Parliament or of the legislature of a province
that, at the time application for letters patent incorporating the
foreign bank subsidiary was made, were held by the eligible foreign
financial institution, within the meaning of Part VII, that is the
holding body corporate of the foreign bank subsidiary or any
affiliate of that eligible foreign financial institution, and
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Clause 10: Subsection 85(2) reads as follows:
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(2) A bank may charge a reasonable fee, not exceeding a prescribed
amount, for a security certificate issued in respect of a transfer.
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Clause 11: The relevant portion of subsection 275(1)
reads as follows:
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275. (1) The Governor in Council may make regulations
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(e) exempting any class of distributions from the application of
sections 273 to 282; and
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(f) generally, for carrying out the purposes and provisions of sections
273 to 282.
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Clause 12: Subsection 276(1) reads as follows:
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276. (1) On application therefor by a bank or any person proposing
to make a distribution, the Superintendent may, by order, exempt that
distribution from the application of sections 273 to 282 if the
Superintendent is satisfied that the bank has filed or is about to file, in
compliance with the laws of the relevant jurisdiction, a prospectus
relating to the distribution that, in form and content, substantially
complies with the requirements of this Act and any regulations made
under subsection 275(1).
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Clause 13: Subsection 325(4) reads as follows:
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(4) The expenses entailed by any examination or audit referred to in
any of subsections (1) to (3) are payable by the bank on being approved
in writing by the Superintendent.
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Clause 14: Section 457 and the heading before it read
as follows:
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457. (1) Subject to this section, a bank that was in existence
immediately prior to the day this section comes into force shall maintain
a primary reserve in the form of
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(a) coins with a face value of two dollars or less that are current under
the Currency Act;
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(b) Bank of Canada notes; or
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(c) deposits in Canadian currency with the Bank of Canada.
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(2) Subject to subsection (4), the primary reserve referred to in
subsection (1) shall not be less on average during any prescribed period
than an amount equal to the average of the monthly levels of required
primary reserves calculated for the month in which this section comes
into force and for the preceding 11 months, as determined under section
208 of the Bank Act, being chapter B-1 of the Revised Statutes of
Canada, 1985.
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(3) Where a bank to which this section applies has been, on the day
this section comes into force, in existence for less than 12 months, the
primary reserve referred to in subsection (1) shall not be less on average
during any prescribed period than an amount equal to the average of the
monthly levels of required primary reserves calculated for the month in
which this section comes into force and for the preceding months it has
been in existence, as determined under section 208 of the Bank Act,
being chapter B-1 of the Revised Statutes of Canada, 1985.
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(4) On the first day of the first month following the month this section
comes into force, the primary reserve referred to in subsection (2) shall
be reduced by 3 per cent, and thereafter on the first day of the first month
of each of the next three succeeding six month periods, the primary
reserve as modified by this subsection shall be reduced by 3 per cent,
and on the first day of the twenty-fifth month following the month in
which this section comes into force, the primary reserve referred to in
subsection (1) shall be nil.
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(5) Two banks to which this section applies may, with the approval
of the Bank of Canada, enter into an agreement pursuant to which one
bank may maintain Canadian currency deposits in a reserve account
with the other bank in lieu of any deposits that the depositing bank
would otherwise be required to maintain with the Bank of Canada.
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(6) No agreement referred to in subsection (5) is of any force or effect
unless, by the terms thereof, the bank that would thereby be entitled to
maintain deposits in a reserve account with the other bank is obligated
to advise the other bank, before the last reservable day of each
prescribed period, of the minimum average daily balance that it will
maintain in the reserve account during the following prescribed period.
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(7) Where an agreement referred to in subsection (5) exists between
two banks,
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(a) the Canadian currency deposits of the depositing bank in the
reserve account with the bank during any prescribed period are
deemed for the purposes of this section to be deposits in Canadian
currency with the Bank of Canada; and
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(b) the primary reserve required by subsection (1) to be maintained,
for the bank that accepts deposits in a reserve account pursuant to the
agreement, shall be increased for any prescribed period in which
such deposits are accepted by the minimum average amount that the
depositing bank had advised will be maintained in the reserve
account during that prescribed period.
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(8) The Governor in Council may make regulations generally for
carrying out the purposes and provisions of this section and, without
limiting the generality of the foregoing,
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(a) prescribing the method of determining the amount of primary
reserves required to be maintained by a bank, including the method
of averaging to be employed, and the period over which such
reserves are to be maintained;
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(b) defining, for the purposes of this section and the regulations, any
word or expression used in this section or the regulations and not
otherwise defined; and
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(c) providing for the commencement of an agreement referred to in
subsection (5) and prescribing the minimum duration of the
agreement and the essential terms and conditions to be contained in
it before it may be approved pursuant to that subsection.
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(9) For the purposes of this section, ``reservable day'' means any day
other than
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(a) a day that the Minister, by order, designates not to be a reservable
day; and
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(b) a legal holiday referred to in paragraph 42(a) of the Bills of
Exchange Act or a Saturday, unless the Minister, by order, designates
any such day to be a reservable day.
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(10) During the period beginning with the day this section comes
into force and ending with the earlier of
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(a) the day immediately prior to the day that the first prescribed
period for the purposes of subsection (2) begins, and
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(b) the last day of the month following the month in which this
section comes into force,
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a bank to which this section applies shall maintain primary and
secondary reserves as required by section 208 of the Bank Act, being
chapter B-1 of the Revised Statutes of Canada, 1985, and during that
period a bank is not required to maintain primary reserves as provided
in this section.
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(11) Where a bank at the end of a period over which the reserves
required by this section are to be maintained, fails to meet its primary
reserve requirement in accordance with this section, it may, with the
approval of the Bank of Canada, in lieu of borrowing from the Bank of
Canada, pay a sum of money to the Bank of Canada calculated
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(a) by subtracting the average required primary reserve from the
actual average primary reserve and multiplying the difference by the
sum of the factors for each reservable day in the averaging period,
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then
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(b) by multiplying the product obtained in paragraph (a) by the
minimum lending rate of the Bank of Canada expressed as a daily
rate.
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(12) Subsection (11) applies only to banks that have not entered into
an agreement referred to in subsection (5).
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(13) Subsections (11) and (12) shall be in force for a period of two
years and one month from the date this section comes into force.
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Clause 15: The relevant portion of subsection 518(3)
reads as follows:
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(3) Subsection (1) does not apply with respect to shares of or
ownership interests in a Canadian entity if
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(a) the principal activity in Canada of the Canadian entity does not
consist of
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(iii) performing the functions of an investment dealer, stock
broker, investment counsellor or portfolio manager,
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Clause 16: The relevant portion of section 559 reads
as follows:
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559. The Governor in Council may make regulations
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(g) respecting the protection and maintenance of assets of a bank,
including regulations respecting the bonding of directors, officers
and employees of a bank;
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Clause 17: The relevant portion of the definition
``date of the initial bankruptcy event'' in subsection 2(1)
reads as follows:
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``date of the initial bankruptcy event'', in respect of a person, means the
earliest of the date of filing of or making of
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(d) the first petition for a receiving order against the person, in any
case referred to in paragraph 50.4(8)(a) or 57(a), subsection
61(2) or section 64, or
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(e) the petition in respect of which a receiving order is made, in
the case of a petition other than one referred to in paragraph (d);
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Clause 18: The relevant portion of subsection
14.03(1) reads as follows:
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14.03 (1) The Superintendent may, for the protection of an estate in
the circumstances referred to in subsection (2),
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(d) where action in respect of a trustee is being taken under
subsection 13.2(5) or 14.01(1), direct the official receiver not to
appoint the trustee in respect of any new estates until a decision in
respect of the trustee is made.
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Clause 19: Subsection 51(3) reads as follows:
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(3) The official receiver, or the nominee thereof, shall be the
chairman of the meeting referred to in subsection (1) and shall decide
any questions or disputes arising at the meeting, and any creditor may
appeal any such decision to the court.
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Clause 20: Section 64 reads as follows:
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64. For greater certainty, where an insolvent person in respect of
whom a notice of intention has been filed under section 50.4 or a
proposal has been filed under section 62 makes an assignment at any
time before the court has approved the proposal, the date of the
bankruptcy is the date of the filing of the assignment.
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Clause 21: The relevant portion of subsection
66.13(2) reads as follows:
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(2) An administrator who agrees to assist a consumer debtor shall
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(b) provide, or provide for, counselling for the consumer debtor in
accordance with directives issued by the Superintendent pursuant to
paragraph 5(4)(b);
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Clause 22: Subsection 77(1) reads as follows:
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77. (1) Every shareholder or member of a bankrupt corporation is
liable to contribute the amount unpaid on his shares of the capital or on
his liability to the corporation, its members or creditors, as the case may
be, under the Act, charter or instrument of incorporation of the company
or otherwise.
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Clause 23: (1) The relevant portion of subsection
81.1(1) reads as follows:
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81.1 (1) Subject to this section, where a person (in this section
referred to as the ``supplier'') has sold and delivered goods to another
person (in this section referred to as the ``purchaser'') for use in relation
to the purchaser's business, and the purchaser has not fully paid for the
goods, the supplier may have access to and repossess the goods at the
supplier's own expense, and the purchaser, trustee or receiver shall
release the goods, if
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(c) at the time when the demand referred to in paragraph (a) is
presented, the goods
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(i) are in the possession of the purchaser, trustee or receiver,
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(ii) are identifiable as the goods delivered by the supplier and not
fully paid for,
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(iii) are in the same state as they were on delivery,
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(iv) have not been resold at arms' length, and
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(v) are not subject to any agreement for sale at arms' length; and
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(2) Subsection 81.1(3) reads as follows:
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(3) For the purpose of subparagraph (1)(b)(i), section 64 shall be
disregarded and paragraphs 57(a) and 61(2)(a) shall both be deemed to
read as follows:
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``(a) the insolvent person shall thereupon be deemed to have made
an assignment;''
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Clause 24: Subsection 109(7) reads as follows:
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(7) A creditor who is not entitled to vote at a meeting of creditors by
virtue of subsection (6) may with leave of the court vote at the meeting
of creditors when all the creditors who have dealt with the debtor at
arm's length do not together represent at least twenty per cent in value
of the claims against the debtor.
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Clause 25: Subsection 128(1) reads as follows:
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128. (1) Where the trustee has knowledge of property that may be
subject to a security, the trustee may, by serving notice in the prescribed
form, require any person to file, in the prescribed form and manner, a
proof of the security that gives full particulars of the security, including
the date on which the security was given and the value at which that
person assesses it.
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Clause 26: The relevant portion of section 155 reads
as follows:
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155. The following provisions apply to the summary administration
of estates under this Act:
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(d) all notices, statements and other documents shall be sent by
ordinary mail;
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Clause 27: Section 9 reads as follows:
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9. The Governor in Council may, in addition to the sums remaining
unborrowed and negotiable of the loans authorized by an Act of
Parliament passed prior to December 18, 1945, raise by way of loan
under the Financial Administration Act, by the issue and sale or pledge
of securities of Canada, in such form, for such separate sums, at such
rate of interest and on such other terms and conditions as the Governor
in Council may approve, such sum or sums of money, not exceeding in
the whole an amount equivalent to the subscriptions referred to in
sections 7 and 8, as may be required for the purposes of this Act.
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Clause 28: Section 39.11 reads as follows:
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39.11 On receipt of a report made by the Superintendent pursuant to
section 39.1 and after having taken into account whether
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(a) an agreement for a transaction referred to in section 39.2 is
reasonably likely to be expeditiously entered into after the making
of the order, and
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(b) any such transaction would be consistent with the objects of the
Corporation,
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the Corporation may request the Minister to recommend that one or
more orders be made under subsection 39.13(1).
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Clause 29: Subsection 152(4) reads as follows:
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(4) Notwithstanding subsection 80(1) of the Canada Labour Code
or any other Act of Parliament,
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(a) Parts III and IV of the Canada Labour Code do not apply on any
marine installation or structure referred to in subsection (2), and
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(b) in respect of any marine installation or structure referred to in
subsection (2) that is within the offshore area for the purpose of
becoming, or that is, permanently attached to, permanently anchored
to or permanently resting on the seabed or subsoil of the submarine
areas of the offshore area,
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(i) Part V of the Canada Labour Code does not apply, and
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(ii) the Labour Relations Act, 1977, Chapter 64 of the Statutes of
Newfoundland, 1977, as amended from time to time, applies
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during such time as the marine installation or structure is within the
offshore area in connection with a purpose referred to in that subsection.
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Clause 30: The definition ``court'' in subsection
105(1) reads as follows:
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``court'' means the Trial Division of the Supreme Court of Nova Scotia
and includes a judge thereof;
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Clause 31: Subsection 127(11) reads as follows:
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(11) Any order, decision or action in respect of which a hearing is
held under this section is subject to review and to be set aside by the Trial
Division of the Supreme Court of Nova Scotia in accordance with the
practice and procedure established by or pursuant to the Provincial Act.
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Clause 32: Section 152 reads as follows:
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152. (1) Any order made by the Committee may, for the purpose of
enforcement thereof, be made an order of the Trial Division of the
Supreme Court of Nova Scotia and shall be enforced in like manner as
any order of that Court.
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(2) To make an order of the Committee an order of the Trial Division
of the Supreme Court of Nova Scotia, the practice and procedure
established by or pursuant to the Provincial Act for making any order
an order of that Court may be followed.
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(3) When an order of the Committee has been made an order of the
Trial Division of the Supreme Court of Nova Scotia, any order of the
Committee, or of the Board under section 191, rescinding or replacing
the first mentioned order of the Committee, shall be deemed to cancel
the order of the Court and may in like manner be made an order of the
Court.
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Clause 33: Subsection 157(4) reads as follows:
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(4) Notwithstanding subsection 80(1) of the Canada Labour Code
or any other Act of Parliament,
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(a) Parts III and IV of the Canada Labour Code do not apply on any
marine installation or structure referred to in subsection (2), and
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(b) in respect of any marine installation or structure referred to in
subsection (2) that is within the offshore area for the purpose of
becoming, or that is, permanently attached to, permanently anchored
to or permanently resting on the seabed or subsoil of the submarine
areas of the offshore area,
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(i) Part V of the Canada Labour Code does not apply, and
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(ii) the Trade Union Act, Chapter 19 of the Statutes of Nova
Scotia, 1972, as amended from time to time, applies
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during such time as the marine installation or structure is within the
offshore area in connection with a purpose referred to in that subsection.
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Clause 34: (1) Subsection 192(1) reads as follows:
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192. (1) An appeal lies from a decision or order of the Committee to
the Trial Division of the Supreme Court of Nova Scotia on a question
of law, in the manner prescribed on leave therefor being obtained from
that Court, on application made within one month after the making of
the decision or order sought to be appealed from or within such further
time as that Court may allow.
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(2) Subsection 192(3) reads as follows:
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(3) After the hearing of the appeal, the Trial Division of the Supreme
Court of Nova Scotia shall certify its opinion to the Committee and the
Committee shall make any order necessary to comply with that opinion.
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Clause 35: Subsections 198(5) to (9) read as follows:
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(5) The person carrying out the operation to which an order under
subsection (1) makes reference or any person having a pecuniary
interest in that operation may by notice in writing request the Chief
Safety Officer to refer it, in the manner prescribed, to the Trial Division
of the Supreme Court of Nova Scotia for review, and thereupon the
Chief Safety Officer shall do so.
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(6) The Trial Division of the Supreme Court of Nova Scotia shall
inquire into the need for the order.
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(7) Where an order has been referred to the Trial Division pursuant
to this section, the burden of establishing that the order is not needed is
on the person who requested that the order be so referred.
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(8) The Trial Division may confirm or set aside the order, and the
decision of the Trial Division is final and conclusive.
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(9) No person shall continue an operation in respect of which an
order has been made pursuant to this section, except in accordance with
the terms of the order or until the order has been set aside by the Trial
Division pursuant to this section.
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Clause 36: Subsection 50(4) reads as follows:
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(4) The Minister may exempt a carrier or transportation undertaking
from the application of all or any part of a regulation made under
subsection (1) if the Minister is satisfied that is it not practicable for the
carrier or transportation undertaking to provide the information.
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Clause 37: The heading before section 104 reads as
follows:
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Clause 38: Subsection 104(1) reads as follows:
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104. (1) A mortgage or hypothec issued by a railway company, or an
assignment or other document affecting the mortgage or hypotheque,
may be deposited in the office of the Registrar General of Canada, and
notice of the deposit must be published in the Canada Gazette without
delay.
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Clause 39: The relevant portion of subsection 16(2)
reads as follows:
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(2) A notice may require any information and samples that may
permit the Ministers to assess whether a substance is toxic or is capable
of becoming toxic, including
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Clause 40: The relevant portion of section 8 reads as
follows:
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8. The Governor in Council may make regulations
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Clause 41: New.
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Clause 42: The relevant portion of subsection 22(1)
reads as follows:
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22. (1) Notwithstanding anything in this Act, a person shall not be
granted citizenship under section 5 or subsection 11(1) or take the oath
of citizenship
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(e) if the person requires but has not obtained the consent of the
Minister of Employment and Immigration, under subsection 55(1)
of the Immigration Act, to be admitted to and remain in Canada as a
permanent resident; or
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Clause 43: The relevant portion of the definition
``court'' in subsection 16(22) reads as follows:
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``court'' means
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(c) in the Provinces of Nova Scotia, Prince Edward Island and
Newfoundland, the trial division or branch of the Supreme Court
of the Province,
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(e) in the Province of British Columbia, the Supreme Court of the
Province,
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Clause 44: The relevant portion of subsection 2(2)
reads as follows:
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(2) For the purposes of this Act,
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(c) a partnership or sole proprietorship is affiliated with another
partnership, sole proprietorship or a company if both are controlled
by the same person.
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Clause 45: Subsection 10(1) reads as follows:
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10. (1) The Commissioner shall
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(a) on application made under section 9,
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(b) whenever he believes on reasonable grounds that
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(i) a person has contravened an order made pursuant to section
32, 33 or 34, or Part VII.1 or Part VIII,
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(ii) grounds exist for the making of an order under or Part VII.1
or Part VIII, or
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(iii) an offence under Part VI or VII has been or is about to be
committed, or
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(c) whenever he is directed by the Minister to inquire whether any of
the circumstances described in subparagraphs (b)(i) to (iii) exists,
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cause an inquiry to be made into all such matters as he considers
necessary to inquire into with the view of determining the facts.
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Clause 46: The relevant portion of subsection 17(1)
reads as follows:
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17. (1) Where a record or other thing is seized pursuant to paragraph
15(1)(d), subsection 15(7) or section 16, the Commissioner or the
authorized representative of the Commissioner shall, as soon as
practicable,
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Clause 47: Subsection 22(3) reads as follows:
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(3) Where an inquiry made on application under section 9 is
discontinued, the Commissioner shall inform the applicants of the
decision and give the grounds therefor.
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Clause 48: The relevant portion of section 31 reads as
follows:
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31. Whenever, as a result of an inquiry under this Act, a judgment of
a court or a decision of the Tribunal, it appears to the satisfaction of the
Governor in Council that
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(b) the prevention or lessening of competition is facilitated by
customs duties imposed on the article, or on any like article, or can
be reduced by a removal or reduction of customs duties so imposed,
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the Governor in Council may, by order, remove or reduce any such
customs duties.
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Clause 49: The relevant portion of subsection 49(2)
reads as follows:
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(2) Subsection (1) does not apply in respect of an agreement or
arrangement
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(c) with respect to a bid for or purchase, sale or underwriting of
securities by federal financial institutions or a group including
federal financial institutions;
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Clause 50: The relevant portion of subsection 50(1)
reads as follows:
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50. (1) Every one engaged in a business who
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Clause 51: Subsection 61(2) reads as follows:
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(2) Subsection (1) does not apply where the person attempting to
influence the conduct of another person and that other person are
affiliated corporations or directors, agents, officers or employees of
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(a) the same corporation, partnership or sole proprietorship, or
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(b) corporations, partnerships or sole proprietorships that are
affiliated,
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or where the person attempting to influence the conduct of another
person and that other person are principal and agent.
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Clause 52: (1) Subsection 77(4) reads as follows:
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(4) The Tribunal shall not make an order under this section where,
in its opinion,
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(a) exclusive dealing or market restriction is or will be engaged in
only for a reasonable period of time to facilitate entry of a new
supplier of a product into a market or of a new product into a market,
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(b) tied selling that is engaged in is reasonable having regard to the
technological relationship between or among the products to which
it applies, or
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(c) tied selling that is engaged in by a person in the business of
lending money is for the purpose of better securing loans made by
that person and is reasonably necessary for that purpose,
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and no order made under this section applies in respect of exclusive
dealing, market restriction or tied selling between or among companies,
partnerships and sole proprietorships that are affiliated.
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(2) and (3) The relevant portion of subsection 77(5)
reads as follows:
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(5) For the purposes of subsection (4),
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(c) a partnership or sole proprietorship is affiliated with another
partnership, sole proprietorship or a company if both are controlled
by the same person; and
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(d) a company, partnership or sole proprietorship is affiliated with
another company, partnership or sole proprietorship in respect of
any agreement between them whereby one party grants to the other
party the right to use a trade-mark or trade-name to identify the
business of the grantee, if
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Clause 53: The relevant portion of subsection 114(1)
reads as follows:
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114. (1) Subject to this Part, where
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(b) two or more corporations propose to amalgamate in the
circumstances set out in subsection 110(4), or
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the person or persons who are proposing the transaction shall, before
completing the transaction, notify the Director that the transaction is
proposed and supply the Director with information in accordance with
section 120.
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Clause 54: Subsection 92(2) reads as follows:
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(2) An association may charge a reasonable fee, not exceeding a
prescribed amount, for a security certificate issued in respect of a
transfer.
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Clause 55: The relevant portion of subsection 270(1)
reads as follows:
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270. (1) The Governor in Council may make regulations
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(e) exempting any class of distributions from the application of
sections 268 to 277; and
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(f) generally, for carrying out the purposes and provisions of sections
268 to 277.
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Clause 56: Subsection 271(1) reads as follows:
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271. (1) On application therefor by an association or any person
proposing to make a distribution, the Superintendent may, by order,
exempt that distribution from the application of sections 268 to 277 if
the Superintendent is satisfied that the association has filed or is about
to file, in compliance with the laws of the relevant jurisdiction, a
prospectus relating to the distribution that, in form and content,
substantially complies with the requirements of this Act and any
regulations made under subsection 270(1).
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Clause 57: Subsection 309(4) reads as follows:
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(4) The expenses entailed by any examination or audit referred to in
any of subsections (1) to (3) are payable by the association on being
approved in writing by the Superintendent.
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Clause 58: The relevant portion of section 463 reads
as follows:
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463. The Governor in Council may make regulations
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(g) respecting the protection and maintenance of assets of an
association and assets held under the administration of an
association, including regulations respecting the bonding of
directors, officers and employees of an association;
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Clause 59: The relevant portion of subsection 30.1(1)
reads as follows:
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30.1 (1) It is not an infringement of copyright for a library, archive
or museum or a person acting under the authority of a library, archive
or museum to make, in accordance with the regulations made under
subsection (4), for the maintenance or management of its permanent
collection or the permanent collection of another library, archive or
museum, a copy of a work or other subject-matter, whether published
or unpublished, in its permanent collection
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Clause 60: The relevant portion of subsection
30.21(3) reads as follows:
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(3) The archive may only copy the work if
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(a) the person who deposited the work, if a copyright owner, does not
prohibit copying;
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Clause 61: Subsection 72(1) reads as follows:
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72. (1) As soon as practicable after the receipt of a proposed tariff
filed pursuant to section 71, the Board shall publish it in the Canada
Gazette and shall give notice that, within sixty days after the publication
of the tariff, prospective retransmitters, educational institutions,
persons with perceptual disabilities or their representatives may file
written objections to the tariff with the Board.
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Clause 62: The relevant portion of subsection 73(1)
reads as follows:
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73. (1) On the conclusion of its consideration of proposed tariffs, the
Board shall
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(i) a manner of determining the royalties to be paid by
retransmitters, educational institutions and any person making
more than one copy or sound recording of a literary, musical or
dramatic work in order to accommodate the needs of a person
with a perceptual disability, and
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(ii) such terms and conditions related to those royalties as the
Board considers appropriate;
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Clause 63: The relevant portion of subsection 3(3)
reads as follows:
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(3) The following do not apply to a corporation:
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(b) the Winding-up Act; and
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Clause 64: Subsection 216(2) reads as follows:
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(2) On an application under subsection 214(1), the court may make
an order requiring the corporation and any person having an interest in
the corporation or claim against it to show cause, at a time and place
therein specified, not less than four weeks after the date of the order,
why the corporation should not be liquidated and dissolved.
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Clause 65: The relevant portion of section 246 reads
as follows:
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246. A person who feels aggrieved by a decision of the Director
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(c) to refuse to grant an exemption under subsection 2(8), 10(2),
82(3), 127(8), 151(1), section 156, subsection 163(4) or 171(2) or
subsection 160(3) and any regulations under that subsection,
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may apply to a court for an order requiring the Director to change his
decision, and on such application the court may so order and make any
further order it thinks fit.
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Clause 66: The relevant portion of subsection 127(6)
reads as follows:
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(6) Where an offender receives a sentence to be served in a provincial
correctional facility and fails to earn or forfeits any remission under the
Prisons and Reformatories Act and is transferred to penitentiary,
otherwise than pursuant to an agreement entered into under paragraph
16(1)(a), the offender is not entitled to be released until the day on
which the offender has served
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Clause 67: The relevant portion of subsection 161(1)
reads as follows:
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161. (1) Where an offender is convicted, or is discharged on the
conditions prescribed in a probation order under section 736, of an
offence under section 151, 152, 155 or 159, subsection 160(2) or (3) or
section 170, 171, 271, 272 or 273, in respect of a person who is under
the age of fourteen years, the court that sentences the offender or directs
that the accused be discharged, as the case may be, in addition to any
other punishment that may be imposed for that offence or any other
condition prescribed in the order of discharge, shall consider making
and may make, subject to the conditions or exemptions that the court
directs, an order prohibiting the offender from
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Clause 69: Subsection 729(2) reads as follows:
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(2) In this section, ``analyst'' means a person designated as an
analyst under the Food and Drugs Act or under the Narcotic Control
Act.
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Clause 70: Section 12 reads as follows:
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12. (1) No proceedings lie against the Crown by virtue of paragraph
3(b) unless, within seven days after the claim arose, notice in writing of
the claim and of the injury complained of has been served on a
responsible official of the department or agency administering the
property or the employee of the department or agency who is in control
or charge of the property.
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(2) Failure to give, or insufficiency of, the notice required by
subsection (1) is not a bar to the proceedings if the court in which the
proceedings are taken is of the opinion that the Crown in its defence was
not prejudiced by the want or insufficiency of the notice and that to bar
the proceedings would be an injustice, notwithstanding that reasonable
excuse for the want or insufficiency of the notice is not established.
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Clause 71: The relevant portion of subsection 74(1)
reads as follows:
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74. (1) Subject to this section, section 75 and any regulations made
under section 81, the Minister may grant to any person who paid duties
on imported goods pursuant to this Act a refund of the whole or part of
the duties paid thereon where
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(c.1) the goods were exported from a NAFTA country or from Chile
but no claim for preferential tariff treatment under NAFTA or no
claim for preferential tariff treatment under CCFTA, as the case may
be, was made in respect of those goods at the time they were
accounted for under subsection 32(1), (3) or (5);
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Clause 72: Subsection 11(1) reads as follows:
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11. (1) The Registrar General of Canada shall register all instruments
of summons, proclamations, commissions, letters patent, letters patent
of land, writs and other instruments and documents issued under the
Great Seal, and all bonds, warrants of extradition, warrants for removal
of prisoners, leases, releases, deeds of sale, surrenders and all other
instruments requiring registration.
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Clause 73: Subsection 10(1) reads as follows:
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10. (1) The Minister has the administration of all federal real
property except federal real property under the administration of any
other minister, board or agency of the Government of Canada or any
corporation.
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Clause 74: The relevant portion of subsection 25.1(1)
reads as follows:
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25.1 (1) With the approval of the Governor in Council, the Minister
of Justice may, on behalf of the Government of Canada, enter into an
agreement with a province authorizing a provincial child support
service designated in the agreement to
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(a) assist courts in the province in the determination of the amount
of child support; and
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Clause 75: Subsection 7(6) reads as follows:
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(6) A claimant is not qualified to receive benefits if it is jointly
determined that the claimant must first exhaust or end benefit rights
under the laws of another jurisdiction, as provided by Article VI of the
Agreement Between Canada and the United States Respecting
Unemployment Insurance, signed on March 6 and 12, 1942.
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Clause 76: The relevant portion of subsection 25(1)
reads as follows:
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25. (1) For the purposes of this Part, a claimant is unemployed and
capable of and available for work during a period when the claimant is
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(b) participating in any other employment activity
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(i) for which assistance has been provided for the claimant under
prescribed employment benefits or benefits that are the subject of
an agreement under section 63 and are similar to the prescribed
employment benefits, and
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(ii) to which the Commission, or an authority that the
Commission designates, has referred the claimant.
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Clause 77: (1) Subsection 46.1(1) reads as follows:
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46.1 (1) If a penalty is imposed on a corporation under section 38 or
39 for an act or omission, the directors of the corporation at the time of
the act or omission are, subject to subsections (2) to (7), jointly and
severally liable, together with the corporation, to pay the amount of the
penalty.
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(2) Subsection 46.1(2) reads as follows:
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(2) A director is not liable unless
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(a) a certificate for the amount of the corporation's liability for the
penalty has been registered in the Federal Court under section 126
and execution for that amount has been returned unsatisfied in whole
or in part;
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(b) the corporation has commenced liquidation or dissolution
proceedings or has been dissolved and a claim for the amount of its
liability has been proved within six months after the date of
commencement of the proceedings or the date of the dissolution,
whichever is earlier; or
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(c) the corporation has made an assignment or a receiving order has
been made against it under the Bankruptcy and Insolvency Act and
a claim for the amount of its liability has been proved within six
months after the date of the assignment or receiving order.
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(3) Subsection 46.1(4) reads as follows:
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(4) No action or proceedings to recover any amount payable by a
director shall be commenced more than six years after the occurrence
of the act or omission for which the penalty is imposed.
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(4) Subsection 46.1(6) reads as follows:
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(6) If a director pays an amount in respect of a corporation's liability
that is proved in liquidation, dissolution or bankruptcy proceedings,
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(a) the director is entitled to any preference that Her Majesty in right
of Canada would have been entitled to if that amount had not been
paid; and
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(b) if a certificate that relates to that amount has been registered, the
director is entitled to an assignment of the certificate to the extent of
the director's payment and the Commission shall make the
assignment.
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Clause 78: The relevant portion of subsection 65.1(1)
reads as follows:
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65.1 (1) The Commission may impose on a person to whom financial
assistance has been provided under section 61 a penalty for each of the
following acts or omissions if the Commission becomes aware of facts
that in its opinion establish that the person has
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Clause 79: Subsection 77(2) reads as follows:
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(2) Notwithstanding the Financial Administration Act, amounts
mentioned in paragraph (1)(a) shall be paid by special warrants drawn
on the Receiver General and issued by the Commission by electronic
means or bearing the printed signature of the Chairperson and
Vice-Chairperson of the Commission, and amounts mentioned in
paragraphs (1)(b) to (e) may be paid by the special warrants.
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Clause 80: The relevant portion of subsection 90(1)
reads as follows:
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90. (1) An employer, an employee, a person claiming to be an
employer or an employee or the Commission may request an officer of
the Department of National Revenue authorized by the Minister to
make a ruling on any of the following questions:
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(b) how long an employment lasts, including the dates on which it
begins and ends;
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Clause 81: Subsection 112(7) reads as follows:
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(7) The Governor in Council may designate one of the umpires to be
the chief umpire.
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Clause 82: Subsection 159(1.1) reads as follows:
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(1.1) Subsection 19(3) of this Act applies to claimants who fail to
declare all or some of their earnings in a period determined under
the regulations beginning on or after January 5, 1997, but the
Commission may make deductions under subparagraph 19(3)(a)(i)
on or after that date in respect of any failure to declare earnings for such
a period beginning after June 30, 1996.
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Clause 83: Subsection 134(2) reads as follows:
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(2) Any person importing, manufacturing, possessing and using a
chemical still, the measured content of which does not exceed
twenty-three litres (23 L), or any bona fide public hospital duly certified
as such by the Department of National Health and Welfare importing,
manufacturing, possessing and using a chemical still of any capacity,
may, on registering the still at the office of the collector of the district or
excise division in which it is situated, be permitted to import,
manufacture, possess and use the still without payment of a licence fee
or the giving of a bond, but the importation, manufacture, possession or
use of the still without registration shall be deemed an importing,
manufacturing, possessing or using of a still contrary to this Act.
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Clause 84: The relevant portion of subsection 135(2)
reads as follows:
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(2) A drawback of ninety-nine per cent of the duty paid pursuant to
subsection (1) on spirits testing not less than eighty-five per cent
absolute ethyl alcohol by volume that are sold and delivered, with the
approval of the Minister and in such limited quantities as are prescribed
by him, may be granted, under departmental regulations, to a distiller or
to any person purchasing spirits from a board, commission or other
government agency that by the law of a province is empowered to sell
spirits, when the spirits are sold and delivered,
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(c) to any bona fide public hospital or municipal health clinic
certified to be such by the Department of National Health and
Welfare, for medicinal purposes only; and
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Clause 85: The relevant portion of section 68.25 reads
as follows:
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68.25 Where tax under Part VI has been paid in respect of any goods
and the goods have been purchased for the sole purpose of constructing,
equipping or operating an establishment
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(a) that is wholly owned, directly or indirectly, by or on behalf of one
or more bona fide public hospitals each of which has been certified
as such by the Department of National Health and Welfare, and
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Clause 86: The relevant portion of section 217 reads
as follows:
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217. In this Division, ``imported taxable supply'' means
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Clause 87: Section 2 of Part VIII of Schedule III reads
as follows:
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2. Articles and materials for the sole use of any bona fide public
hospital certified to be such by the Department of National Health and
Welfare, when purchased in good faith for use exclusively by that
hospital and not for resale.
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Clause 88: Paragraph 3(f) is new. The relevant portion
of section 3 reads as follows:
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3. The Governor in Council may establish a list of goods, to be called
an Export Control List, including therein any article the export of which
the Governor in Council deems it necessary to control for any of the
following purposes:
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(c.1) to restrict, for the purpose of supporting the enforcement of the
Softwood Lumber Products Export Charge Act, the export of
softwood lumber products set out in Part II of the schedule to that
Act;
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Clause 89: Section 3.1 reads as follows:
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3.1 The Governor in Council may establish a list of goods, to be
called an Export Control List, including therein any article the export of
which the Governor in Council deems it necessary to control in order
to ensure the orderly export marketing of any goods that are subject to
a limitation imposed by any country or customs territory on the quantity
of the goods that, on importation into that country or customs territory
in any given period, is eligible for the benefit provided for goods
imported within that limitation.
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Clause 90: The relevant portion of section 12 reads as
follows:
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12. The Governor in Council may make regulations
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(c.01) providing for considerations to be taken into account by the
Minister in the issuance of certificates under section 9.01;
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Clause 91: Section 15 reads as follows:
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15. The information banks that may be searched under this Part are
the information banks designated by the regulations from among the
information banks controlled by the Department of Human Resources
Development, the Department of National Revenue and the Canada
Employment Insurance Commission.
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Clause 92: The relevant portion of subsection 28(1)
reads as follows:
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28. (1) The Court of Appeal has jurisdiction to hear and determine
applications for judicial review made in respect of any of the following
federal boards, commissions or other tribunals:
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(o) assessors appointed under the Canada Deposit Insurance
Corporation Act;
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Clause 93: The relevant portion of section 40 reads as
follows:
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40. The Governor in Council may make regulations
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(f) respecting the determination of any matter that under this Act is
to be determined by the Minister, the Minister of National Revenue,
the Minister of Human Resources Development or the Minister of
National Health and Welfare;
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Clause 96: (1) The relevant portion of subsection
16(1) reads as follows:
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16. (1) Notwithstanding any regulations made under subsection (2),
the Governor in Council may, on the recommendation of the Treasury
Board, in accordance with such terms and subject to such conditions
and restrictions as the Governor in Council considers advisable,
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(j) dedicate or authorize the dedication, for so long as the dedication
or authorization remains unrevoked, of any federal real property for
a road, park or other public purpose, either in perpetuity or for any
lesser term; or
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(2) New. The relevant portion of subsection 16(2)
reads as follows:
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(2) The Governor in Council may, on the recommendation of the
Treasury Board, make regulations
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(3) Subsection 16(3) reads as follows:
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(3) A Minister may authorize in writing any other Minister to
exercise on his behalf any power in relation to any transaction that has
been or may be authorized under subsection (1) or under regulations
made pursuant to subsection (2).
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Clause 97: New.
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Clause 98: The definitions ``public money'',
``treasury bill'' and ``treasury note'' in section 2 read as
follows:
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``public money'' means all money belonging to Canada received or
collected by the Receiver General or any other public officer in his
official capacity or any person authorized to receive or collect such
money, and includes
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(a) duties and revenues of Canada,
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(b) money borrowed by Canada or received through the issue or
sale of securities,
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(c) money received or collected for or on behalf of Canada, and
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(d) all money that is paid to or received or collected by a public
officer under or pursuant to any Act, trust, treaty, undertaking or
contract, and is to be disbursed for a purpose specified in or
pursuant to that Act, trust, treaty, undertaking or contract;
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``treasury bill'' means a bill in certificated form, or a non-certificated
security, issued by or on behalf of Her Majesty for the payment of a
principal sum specified in the bill to a named recipient or to a bearer
at a date not later than twelve months after the date of issue of the bill;
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``treasury note'' means a note in certificated form, or a non-certificated
security, issued by or on behalf of Her Majesty for the payment of a
principal sum specified in the note to a named recipient or to a bearer
at a date not later than twelve months after the date of issue of the
note.
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Clause 99: (1) Subsection 3(4) reads as follows:
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(4) The name of a parent Crown corporation shall not be added to
Schedule III, if the Governor in Council is satisfied that the corporation
meets the criteria described in paragraph (1)(a).
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(2) The relevant portion of subsection 3(6) reads as
follows:
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(6) The Governor in Council may, by order,
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(a) delete from Schedule II the name of any corporation that has been
dissolved or otherwise has ceased to be a corporation described in
paragraph (1)(a); and
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Clause 100: Subsection 4(1) reads as follows:
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4. (1) Every order made pursuant to subsection 3(3) that deletes the
name of a corporation from Part I of Schedule III and adds it to Part II
of that Schedule shall be laid before each House of Parliament within
the first fifteen days on which that House is sitting after the order is
made.
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Clause 101: The relevant portion of subsection
11(1.1) reads as follows:
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(1.1) Part II of the Canada Labour Code applies to and in respect of
the public service and persons employed in the public service in the
same manner and to the same extent as if the public service were a
federal work, undertaking or business referred to in that Part except that,
for the purpose of that application,
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(c) the provisions of the Public Service Staff Relations Act apply,
with such modifications as the circumstances require, in respect of
matters brought before the Public Service Staff Relations Board
pursuant to that Part to the extent necessary to give effect to that
purpose.
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Clause 102: (1) The definition ``penalty'' in
subsection 23(1) reads as follows:
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``penalty'' includes any forfeiture or pecuniary penalty imposed or
authorized to be imposed by any Act of Parliament for any
contravention of the laws relating to the collection of the revenue, or
to the management of any public work producing tolls or revenue,
notwithstanding that part of such forfeiture or penalty is payable to
the informer or prosecutor, or to any other person;
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(2) Subsection 23(8) reads as follows:
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(8) Where a penalty imposed by any law relating to the revenue has
been wholly and unconditionally remitted pursuant to this section, the
remission has the effect of a pardon for the offence for which the penalty
was incurred, and thereafter the offence has no legal effect prejudicial
to the person to whom the remission was granted.
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Clause 103: The relevant portion of subsection
24.1(1) reads as follows:
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24.1 (1) Subject to subsection (2), no debt or obligation
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(a) that is included in the statement of assets and liabilities of Canada
referred to in subparagraph 64(2)(a)(iii), the forgiveness of which
would result in a charge to an appropriation, or
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shall be forgiven in whole or in part otherwise than by or under an Act
of Parliament, including an appropriation Act.
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Clause 104: Subsection 25(2) reads as follows:
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(2) No debt, obligation or claim that is included in the statement of
assets and liabilities of Canada referred to in subparagraph 64(2)(a)(iii),
the writing off of which would result in a charge to an appropriation,
shall be written off unless the amount to be written off is included as a
budgetary expenditure in an appropriation Act or any other Act of
Parliament.
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Clause 105: Section 28 reads as follows:
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28. Where an appropriation is made for any purpose in any Act of
Parliament for granting to Her Majesty any sum of money to defray
expenses of the public service of Canada for a fiscal year, no payment
shall be made pursuant to that appropriation out of the Consolidated
Revenue Fund unless a warrant, prepared on the order of the Governor
in Council, has been signed by the Governor General authorizing
expenditures to be charged against the appropriation, and no payments
in excess of the amount of expenditures so authorized shall be made.
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Clause 106: Subsections 31(1) and (2) read as follows:
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31. (1) At the commencement of each fiscal year or at such other
times as the Treasury Board may direct, the deputy head or other person
charged with the administration of a service for which there is an
appropriation by Parliament or an item included in estimates then
before the House of Commons shall, unless otherwise directed by the
Board, prepare a division of the appropriation or item into allotments in
the form detailed in the estimates submitted to Parliament for the
appropriation or item or in such other form as the Board may prescribe
and shall submit the division to the Board.
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(2) Where a division required to be submitted to the Treasury Board
pursuant to subsection (1) is approved by the Board, the allotments shall
not be varied or amended without the approval of the Board.
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Clause 107: Subsection 32(1) reads as follows:
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32. (1) No contract or other arrangement providing for a payment
shall be entered into with respect to any program for which there is an
appropriation by Parliament or an item included in estimates then
before the House of Commons to which the payment will be charged
unless there is a sufficient unencumbered balance available out of the
appropriation or item to discharge any debt that, under the contract or
other arrangement, will be incurred during the fiscal year in which the
contract or other arrangement is entered into.
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Clause 108: Subsections 35(3) and (4) read as follows:
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(3) An amount set out in an instruction for payment issued under
subsection (2), less any amount charged back as a result of a
reconciliation pursuant to section 36, may be paid out of the
Consolidated Revenue Fund where
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(a) a claim for settlement of the amount is made by a member of the
Canadian Payments Association or by a person authorized by the
Receiver General to make a claim for settlement; and
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(b) the claim is made in the prescribed manner and is accompanied
by the prescribed evidence.
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(4) The Receiver General may prescribe the manner of making a
claim for settlement and the evidence that must accompany the claim.
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Clause 109: (1) Subsection 36(1) reads as follows:
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36. (1) Where a payment out of the Consolidated Revenue Fund is
made in respect of a claim for settlement, the Receiver General shall
examine the claim and make a reconciliation between the claim and
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(a) the supporting evidence; and
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(b) the instruction for payment to which the claim relates.
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(2) The relevant portion of subsection 36(2) reads as
follows:
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(2) The Treasury Board may, on the recommendation of the Receiver
General and with the approval of the Auditor General of Canada, make
regulations governing
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(b) the destruction of claims for settlement; and
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Clause 110: Subsections 48(1) and (2) read as follows:
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48. (1) Any amounts raised by way of loan under the authority of this
Act or any other Act of Parliament in the currency or currencies of any
country or countries may be repaid in the currency or currencies of any
country or countries and securities issued under the authority of this Act
or any other Act of Parliament in the currency or currencies of any
country or countries may be made payable in the currency or currencies
of any country or countries.
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(2) Where an Act of Parliament, whether enacted before or after the
coming into force of this subsection, authorizes
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(a) the raising of a specific or maximum number of dollars by way
of loan or the issue of securities, or
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(b) the guarantee of the payment of a liability or obligation for a
specific or maximum number of dollars,
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the authorized transaction may be undertaken, in whole or in part, in the
currency of a country other than Canada, and for that purpose the
specific or maximum number of dollars shall be construed as an
equivalent amount in the currency of the other country, calculated at the
rate of exchange between the Canadian dollar and the currency
concerned as quoted by the Bank of Canada at noon on the day
immediately preceding the day on which the money is borrowed, the
proceeds from the issue of securities are received or the guarantee is
given, as the case may be.
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Clause 111: (1) The relevant portion of subsection
63(1) reads as follows:
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63. (1) Subject to regulations of the Treasury Board, the Receiver
General shall cause accounts to be kept in such manner as to show
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(c) the other payments into and out of the Consolidated Revenue
Fund.
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(2) Subsection 63(2) reads as follows:
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(2) The Receiver General shall cause accounts to be kept to show
such of the assets and direct and contingent liabilities of Canada and
shall establish such reserves with respect to the assets and liabilities as,
in the opinion of the President of the Treasury Board and the Minister,
are required to present fairly the financial position of Canada.
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Clause 112: The relevant portion of subsection 64(2)
reads as follows:
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(2) The Public Accounts shall be in such form as the President of the
Treasury Board and the Minister may direct, and shall include
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(iii) such of the assets and liabilities of Canada as, in the opinion
of the President of the Treasury Board and the Minister, are
required to show the financial position of Canada as at the
termination of the fiscal year;
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(b) the contingent liabilities of Canada;
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(d) such other accounts and information relating to the fiscal year as
are deemed necessary by the President of the Treasury Board and the
Minister to present fairly the financial transactions and the financial
position of Canada or as are required by this Act or any other Act of
Parliament to be shown in the Public Accounts.
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Clause 113: The definition ``Crown debt'' in section
66 reads as follows:
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``Crown debt'' means any existing or future debt due or becoming due
by the Crown, and any other chose in action in respect of which there
is a right of recovery enforceable by action against the Crown;
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Clause 114: The relevant portion of subsection 76(1)
reads as follows:
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76. (1) Where the appropriate Minister or the Receiver General
believes on reasonable grounds that any person
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(a) has received money for Her Majesty and has not duly paid it over,
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Clause 115: The relevant portion of subsection 119(2)
reads as follows:
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(2) Notwithstanding anything in this section, a director or officer
referred to in subsection (1) is, and the heirs and legal representatives
of the director or officer are, entitled to indemnity from the Treasury
Board in respect of all costs, charges and expenses reasonably incurred
by the director or officer in connection with the defence of any civil,
criminal or administrative action or proceeding to which the director or
officer was made a party by reason of being or having been such a
director or officer, if the director or officer
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(a) was substantially successful on the merits of the defence of the
action or proceeding; and
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Clause 116: Section 130 reads as follows:
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130. Subject to any other Act of Parliament, where the appropriate
Minister and the Minister of Finance, with the approval of the Governor
in Council, so direct, a parent Crown corporation shall pay or cause to
be paid to the Receiver General so much of the money of the corporation
or of a wholly-owned subsidiary of the corporation as the appropriate
Minister and the Minister of Finance consider to be in excess of the
amount required for the purposes of the corporation or subsidiary, and
any money so paid may be applied toward the discharge of any
obligation of the corporation or subsidiary to the Crown or may be
applied as revenues of Canada.
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Clause 117: The relevant portion of subsection 131(2)
reads as follows:
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(2) The books, records, systems and practices referred to in
subsection (1) shall be kept and maintained in such manner as will
provide reasonable assurance that
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(c) the financial, human and physical resources of the corporation
and each subsidiary are managed economically and efficiently and
the operations of the corporation and each subsidiary are carried out
effectively.
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Clause 118: Subsection 132(2) reads as follows:
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(2) A report under subsection (1) shall be addressed to the
appropriate Minister and shall
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(a) include separate statements whether in the auditor's opinion
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(i) the financial statements are presented fairly in accordance with
generally accepted accounting principles applied on a basis
consistent with that of the preceding year,
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(ii) the quantitative information is accurate in all material respects
and, if applicable, was prepared on a basis consistent with that of
the preceding year, and
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(iii) the transactions of the corporation and of each subsidiary that
have come to the auditor's notice in the course of his examination
for the report were in accordance with this Part, the regulations,
the charter and by-laws of the corporation or subsidiary and any
directive given to the corporation; and
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(b) call attention to any other matter falling within the scope of the
auditor's examination for the report that, in his opinion, should be
brought to the attention of Parliament.
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Clause 123: Section 58 reads as follows:
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58. Special licences and leases for any term of years may be granted
to any person who wishes to plant or form oyster beds in any of the bays,
inlets, harbours, creeks or rivers, or between any of the islands on the
coast of Canada, and the holder of any such licence or lease has the
exclusive right to the oysters produced or found on the beds within the
limits of the licence or lease.
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Clause 124: Subsection 59(1) reads as follows:
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59. (1) The Governor in Council may, on such terms and conditions
as are agreed on, authorize the government of any province to grant
leases of such areas of the sea-coast, bays, inlets, harbours, creeks,
rivers and estuaries of the province as the government of the province
considers suitable for the cultivation and production of oysters, and any
persons to whom such leases are granted by the province, subject to the
fishery regulations of Canada, have the exclusive right to the oysters
produced or found on the beds within the limits of their respective
leases.
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Clause 125: Subsection 3(2) reads as follows:
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(2) This Act does not affect any of the powers or duties of the
Minister of Transport or the Minister of Public Works under any other
Act of Parliament or regulations made pursuant thereto.
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Clause 126: The relevant portion of section 4 reads as
follows:
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4. In any prosecution for a contravention of a regulation, a certificate
stating that Her Majesty in right of Canada is the owner or occupant of
the lands described therein and purporting to be signed by
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(a) the Minister of Public Works or the Deputy, Assistant Deputy or
Acting Deputy of the Minister of Public Works,
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Clause 127: The definition ``transmit'' in subsection
11(1) reads as follows:
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``transmit'' means to transmit by any physical, electronic, optical or
other means;
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Clause 128: The relevant portion of section 13 reads
as follows:
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13. Subject to the Hazardous Materials Information Review Act, no
supplier shall sell to any person a controlled product intended for use in
a work place in Canada unless
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(a) on the sale of the controlled product, the supplier transmits to that
person a material safety data sheet with respect to the controlled
product that discloses the following information, namely,
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(ii) where the controlled product contains an ingredient that is
included in the Ingredient Disclosure List and the ingredient is in
a concentration that is equal to or greater than the concentration
specified in the Ingredient Disclosure List for that ingredient, the
chemical identity and concentration of that ingredient,
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Clause 129: The relevant portion of subsection 15(1)
reads as follows:
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15. (1) Subject to section 19, the Governor in Council may make
regulations
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(c) prescribing information to be disclosed on a material safety data
sheet or label, including, without limiting the generality of the
foregoing, information to indicate whether a claim for exemption is
pending under the Hazardous Materials Information Review Act
with respect to the controlled product to which it relates or whether,
pursuant to that Act, any information with respect to the controlled
product to which it relates is exempt from disclosure thereon;
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Clause 130: Subsection 3(3) reads as follows:
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(3) Subparagraphs (2)(a)(ii), (v) and (vi) shall be deemed to
authorize the guaranteeing, in whole or in part, of an equivalent amount
in the currency of any country other than Canada and, notwithstanding
subsection 48(2) of the Financial Administration Act, the equivalent
amount shall be calculated using
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(a) where the guarantee is in respect of an amount that together with
all guaranteed principal amounts outstanding at the time is in excess
of the maximum aggregate principal amount guaranteed at any prior
time, the rate of exchange between the Canadian dollar and the
currency concerned as quoted by the Bank of Canada at the opening
of business on the day immediately preceding the day on which the
benefit of the guarantee is extended by certificate pursuant to
paragraph (2)(b) to the amount in excess; or
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(b) where the guarantee is in respect of the payment of an amount that
finances or refinances the whole or a portion of an obligation in the
currency of a country other than Canada that has been previously
guaranteed under either of those subparagraphs, the weighted
average of the rates of exchange determined under paragraph (a) in
respect of all of the amounts that were previously guaranteed in the
currency concerned.
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Clause 131: Subsection 11(2) reads as follows:
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(2) Section 46.1 of the Act, as enacted by subsection (1), applies
to any claim that has been referred to the Refugee Division on or
before the day on which that section comes into force but in respect
of which the Refugee Division has not made a determination.
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Clause 132: Subsection 15(3) reads as follows:
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(3) Subsection 77(3.01) of the Act, as enacted by subsection (2),
applied to an appeal that has been made on or before the coming into
force of that subsection and in respect of which the hearing has not
been commenced, but a person who has made such an appeal may,
within fifteen days after the person has been notified that, in the
opinion of the Minister, the person constitutes a danger to the public
in Canada, make an application for judicial review under section
82.1 of the Act with respect to the matter that was the subject of the
decision made under subsection 77(1).
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Clause 133: Subsection 49(2) reads as follows:
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(2) A reopening of an inquiry pursuant to section 35 stays the
execution of a removal order pending the decision of the adjudicator.
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Clause 134: The relevant portion of subsection 77(3)
reads as follows:
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(3) Subject to subsections (3.01), (3.02) and (3.1), a Canadian citizen
or permanent resident who has sponsored an application for landing that
is refused pursuant to subsection (1) may appeal to the Appeal Division
on either or both of the following grounds:
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Clause 135: The relevant portion of subsection 84(2)
reads as follows:
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(2) Where funds or property of a corporation resident in Canada have
at any time after March 31, 1977 been distributed or otherwise
appropriated in any manner whatsoever to or for the benefit of the
shareholders of any class of shares in its capital stock, on the
winding-up, discontinuance or reorganization of its business, the
corporation shall be deemed to have paid at that time a dividend on the
shares of that class equal to the amount, if any, by which
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(a) the amount or value of the funds or property distributed or
appropriated, as the case may be,
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Clause 136: Subsection 118.1(17) reads as follows:
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(17) For the purpose of applying subsection (16) to determine the fair
market value of a gift made at any time by a taxpayer, the fair market
value of consideration given to acquire property described in
subparagraph (16)(b)(i) or of property described in subparagraph
(16)(b)(ii) is deemed to be that value otherwise determined minus any
portion of it that has been applied under that subsection to reduce the fair
market value of another gift made before that time by the taxpayer.
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Clause 137: Section 5 reads as follows:
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5. Every grant, lease, permit, licence or other disposition respecting
the exploitation of oil or gas in Indian lands, whether granted, issued,
made or entered into before or after December 20, 1974, and, without
restricting the generality of the foregoing, any grant, lease, permit,
licence or other disposition respecting oil or gas or both oil or gas issued
or made or purported to be issued or made pursuant to any other
regulation or order made under the provisions of the Indian Act is
deemed to be subject to any regulations made under this Act.
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Clause 138: The relevant portion of subsection 13(2)
reads as follows:
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(2) This Part and Parts II to IV, sections 224, 225, 245 to 258 and Parts
X, XII and XV to XVII apply to every body corporate
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Clause 139: Subsection 89(2) reads as follows:
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(2) A company may charge a reasonable fee, not exceeding a
prescribed amount, for a security certificate issued in respect of a
transfer.
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Clause 140: The relevant portion of subsection 299(1)
reads as follows:
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299. (1) The Governor in Council may make regulations
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(e) exempting any class of distributions from the application of this
Division; and
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(f) generally, for carrying out the purposes and provisions of this
Division.
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Clause 141: Subsection 300(1) reads as follows:
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300. (1) On application therefor by a company or any person
proposing to make a distribution, the Superintendent may, by order,
exempt that distribution from the application of this Division if the
Superintendent is satisfied that the company has filed or is about to file,
in compliance with the laws of the relevant jurisdiction, a prospectus
relating to the distribution that, in form and content, substantially
complies with the requirements of this Act and any regulations made
under subsection 299(1).
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Clause 142: Subsection 348(4) reads as follows:
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(4) The expenses entailed by any examination or audit referred to in
any of subsections (1) to (3) are payable by the company on being
approved in writing by the Superintendent.
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Clause 143: Section 467 reads as follows:
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467. Except as otherwise permitted by this Act, a company shall not
accept deposits.
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Clause 144: The relevant portion of subsection
552(1.1) reads as follows:
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(1.1) A society may acquire or increase a substantial investment in
an entity, other than an entity referred to in section 554 or 555, by way
of
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(b) an acquisition of shares of, or ownership interests in, the entity
by
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(i) entities controlled by the society, or
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Clause 145: The relevant portion of section 703 reads
as follows:
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703. The Governor in Council may make regulations
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(g) respecting the protection and maintenance of assets of a company
or society including regulations respecting the bonding of directors,
officers and employees of a company or society;
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Clause 146: Subsection 2(2) reads as follows:
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(2) For the purposes of this Act, an enactment that has been replaced,
has expired, lapsed or has otherwise ceased to have effect is deemed to
have been repealed.
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Clause 147: Section 26 reads as follows:
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26. Where the time limited for the doing of a thing expires or falls on
a holiday, the thing may be done on the day next following that is not
a holiday.
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Clause 148: Subsection 45(5) reads as follows:
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(5) Where an investment, whether implemented or not, notice of
which has been given under section 8 of the Foreign Investment Review
Act, chapter 46 of the Statutes of Canada, 1973-74, has not, on the
coming into force of this Act, been the subject of any order or deemed
allowance under section 12 or 13 of the Foreign Investment Review Act,
a complete notice under section 12 of this Act or a complete application
under section 17 of this Act shall be deemed to have been received by
the Agency in respect of that investment on the day this Act came into
force.
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Clause 149: The definitions ``dependent contractor'',
``lockout'' and ``parties'' in subsection 3(1) read as
follows:
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``dependent contractor'' means
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(a) the owner, purchaser or lessee of a vehicle used for hauling,
other than on rails or tracks, livestock, liquids, goods,
merchandise or other materials, who is a party to a contract, oral
or in writing, under the terms of which he is
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(i) required to provide the vehicle by means of which he
performs the contract and to operate the vehicle in accordance
with the contract, and
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(ii) entitled to retain for his own use from time to time any sum
of money that remains after the cost of his performance of the
contract is deducted from the amount he is paid, in accordance
with the contract, for that performance,
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(b) a fisherman who, pursuant to an arrangement to which he is
a party, is entitled to a percentage or other part of the proceeds of
a joint fishing venture in which he participates with other persons,
and
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(c) any other person who, whether or not employed under a
contract of employment, performs work or services for another
person on such terms and conditions that he is, in relation to that
other person, in a position of economic dependence on, and under
an obligation to perform duties for, that other person;
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``lockout'' includes the closing of a place of employment, a suspension
of work by an employer or a refusal by an employer to continue to
employ a number of his employees, done to compel his employees,
or to aid another employer to compel his employees, to agree to
terms or conditions of employment;
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``parties'' means
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(a) in relation to the entering into, renewing or revising of a
collective agreement and in relation to a dispute, the employer
and the bargaining agent that acts on behalf of his employees,
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(b) in relation to a difference relating to the interpretation,
application, administration or alleged contravention of a
collective agreement, the employer and the bargaining agent, and
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(c) in relation to a complaint to the Board under this Part, the
complainant and any person or organization against whom or
which the complaint is made;
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Clause 150: Subsection 30(2) reads as follows:
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(2) Where the Board orders that a representation vote be taken on an
application by a trade union for certification as the bargaining agent for
a unit in respect of which no other trade union is the bargaining agent,
the Board shall include on the ballots a choice whereby an employee
may indicate that he does not wish to be represented by any trade union
named on the ballots.
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Clause 151: The relevant portion of subsection 33(3)
reads as follows:
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(3) Where an employer ceases to be a member of an employers'
organization or withdraws the authority referred to in subsection (1) that
the employer granted to the employers' organization, the employer
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(a) continues to be bound by any collective agreement applicable to
his employees that was entered into by the employers' organization;
and
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Clause 152: Subsection 52(1) reads as follows:
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52. (1) An employer who is bound by a collective agreement and
who proposes to effect a technological change that is likely to affect the
terms and conditions or security of employment of a significant number
of his employees to whom the collective agreement applies shall give
notice of the technological change to the bargaining agent bound by the
collective agreement at least one hundred and twenty days prior to the
date on which the technological change is to be effected.
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Clause 153: Subsection 58(2) reads as follows:
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(2) No order shall be made, process entered or proceeding taken in
any court, whether by way of injunction, certiorari, prohibition, quo
warranto or otherwise, to question, review, prohibit or restrain an
arbitrator or arbitration board in any of his or its proceedings under this
Part.
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Clause 154: Section 61 reads as follows:
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61. An arbitrator or arbitration board shall determine his or its own
procedure, but shall give full opportunity to the parties to the
proceeding to present evidence and make submissions to the arbitrator
or arbitration board.
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Clause 155: The relevant portion of subsection 72(1)
reads as follows:
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72. (1) The Minister shall, not later than fifteen days after receiving
a notice in writing under section 71,
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(d) notify the parties, in writing, of his intention not to appoint a
conciliation officer or conciliation commissioner or establish a
conciliation board.
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Clause 156: The relevent portion of section 84 reads
as follows:
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84. A conciliation commissioner and a conciliation board
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(a) may determine his or its own procedure;
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(b) has, in relation to any proceeding before him or it, the powers
conferred on the Board, in relation to any proceeding before the
Board, by paragraphs 16(a), (b), (c), (f) and (h); and
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Clause 157: The relevant portion of subsection 89(1)
reads as follows:
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89. (1) No employer shall declare or cause a lockout and no trade
union shall declare or authorize a strike unless
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(i) received a notice, given under section 71 by either party to the
dispute, informing him of the failure of the parties to enter into or
revise a collective agreement, or
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Clause 158: (1) Subsection 94(2) reads as follows:
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(2) An employer is deemed not to contravene subsection (1) by
reason only that he
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(a) in respect of a trade union that is the bargaining agent for a
bargaining unit comprised of or including employees of the
employer,
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(i) permits an employee or representative of the trade union to
confer with him during hours of work or to attend to the business
of the trade union during hours of work without any deduction
from wages or any deduction of time worked for the employer,
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(ii) provides free transportation to representatives of the trade
union for purposes of collective bargaining, the administration of
a collective agreement and related matters, or
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(iii) permits the trade union to use his premises for the purposes
of the trade union; or
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(b) contributes financial support to any pension, health or other
welfare trust fund the sole purpose of which is to provide pension,
health or other welfare rights or benefits to employees.
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(2) and (3) The relevant portion of subsection 94(3)
reads as follows:
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(3) No employer or person acting on behalf of an employer shall
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(b) impose any condition in a contract of employment that restrains,
or has the effect of restraining, an employee from exercising any
right conferred on him by this Part;
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(f) suspend, discharge or impose any financial or other penalty on a
person employed by him, or take any other disciplinary action
against such a person, by reason of that person having refused to
perform an act that is prohibited by this Part; or
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Clause 159: The relevant portion of section 102 reads
as follows:
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102. Every person who
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(d) refuses to answer any proper question put to him, pursuant to
paragraph 16(a), by the Board, a conciliation board, a conciliation
commissioner, an arbitrator or an arbitration board,
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is guilty of an offence and liable on summary conviction to a fine not
exceeding four hundred dollars.
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Clause 160: Sections 105 to 107 read as follows:
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105. The Minister, on request or on his own initiative, may, where the
Minister deems it expedient, at any time appoint a mediator to confer
with the parties to a dispute or difference and endeavour to assist them
in settling the dispute or difference.
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106. The Minister, on application or of his own initiative, may, where
the Minister deems it expedient, make any inquiries that the Minister
considers advisable regarding matters that may affect industrial
relations.
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107. The Minister, where he deems it expedient, may do such things
as to him seem likely to maintain or secure industrial peace and to
promote conditions favourable to the settlement of industrial disputes
or differences and to those ends the Minister may refer any question to
the Board or direct the Board to do such things as the Minister deems
necessary.
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Clause 161: Subsection 108(1) reads as follows:
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108. (1) Pursuant to section 106 or where, in any industry, a dispute
or difference between any employer and employees exists or is
apprehended, the Minister may appoint a commission to be designated
as an Industrial Inquiry Commission and to which the Minister shall
refer the matter under consideration for investigation and report to him.
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Clause 163: The relevant portion of subsection 5(2)
reads as follows:
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(2) The return shall set out the following information with respect to
the undertaking:
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(e.1) where the client is funded in whole or in part by a government,
the name of the government or government agency, as the case may
be, and the amount of funding received by the client from that
government or government agency;
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Clause 164: The relevant portion of subsection 6(3)
reads as follows:
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(3) The return shall set out the following information:
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(f.1) where the client is funded in whole or in part by a government,
the name of the government or government agency, as the case may
be, and the amount of funding received by the employer from that
government or government agency;
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Clause 167: New.
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Clause 168: The definition ``company'' in section 2
reads as follows:
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``company'' means a company incorporated or acquired pursuant to
subsection 17(1) of the National Research Council Act, chapter
N-14 of the Revised Statutes of Canada, 1970;
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Clause 169: The heading before section 18 and
sections 18 and 19 read as follows:
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18. Every company shall
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(a) keep and maintain such books and records, in addition to those
required by the Canada Corporations Act, chapter C-32 of the
Revised Statutes of Canada, 1970, as the Council may prescribe; and
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(b) make such reports and returns to the Council as the Council may
require.
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19. The accounts of a company shall be audited by the Auditor
General of Canada.
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Clause 170: The relevant portion of subsection 41(1)
reads as follows:
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41. (1) As the Minister responsible for coast guard services, the
powers, duties and functions of the Minister extend to and include all
matters over which Parliament has jurisdiction, not assigned by law to
any other department, board or agency of the Government of Canada,
relating to
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(a) services for the safe, economical and efficient movement of ships
in Canadian waters through the provision of
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(iv) channel maintenance;
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Clause 172: Section 6 reads as follows:
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6. The Minister of Public Works shall furnish, maintain, heat and
keep in repair the buildings on the lands described in the schedules or
allocated pursuant to section 5, and the National Capital Commission
shall maintain and, from time to time as required, improve those lands.
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Clause 175: The relevant portion of subsection 26(1)
reads as follows:
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26. (1) Where a member, before becoming eligible to retire pursuant
to subsection 16(2), ceases to be a member of a pension plan or dies, the
member or the surviving spouse, as the case may be, is entitled
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(c) to use the member's pension benefit credit or the surviving
spouse's pension benefit credit, whichever is applicable, to purchase
an immediate or deferred life annuity of the prescribed kind for the
member or surviving spouse, as the case may be,
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if the member or the surviving spouse notifies the administrator of that
desire, in prescribed form and within ninety days after the cessation of
membership or the member's death, as the case may be (or, where the
Superintendent allows a longer period under paragraph 28(1)(d), within
sixty days after the administrator has given the written statement
pursuant to that paragraph), and the administrator shall forthwith take
the necessary action to give effect to any such notification.
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Clause 176: The description of the region under the
name ``Pacific Pilotage Authority'' in the schedule
reads as follows:
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Region: All Canadian waters in and around the Provinces
of Ontario and Manitoba.
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Clause 180: The definition ``deployment'' in
subsection 2(1) reads as follows:
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``deployment'' means the transfer of an employee from one position to
another;
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Clause 181: New.
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Clause 182: Section 12 reads as follows:
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12. (1) For the purpose of establishing the basis for selection
according to merit under section 10, the Commission may prescribe
standards for selection and assessment as to education, knowledge,
experience, language, residence or any other matters that, in the opinion
of the Commission, are necessary or desirable having regard to the
nature of the duties to be performed and the present and future needs of
the Public Service.
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(2) No standard prescribed under subsection (1) shall be inconsistent
with any classification standard prescribed pursuant to the Financial
Administration Act.
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(3) The Commission, in prescribing or applying standards under
subsection (1), shall not discriminate against any person by reason of
race, national or ethnic origin, colour, religion, age, sex, marital status,
family status, disability or conviction for an offence for which a pardon
has been granted.
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(4) Subsection (3) does not apply in respect of the prescription or
application of standards that constitute bona fide occupational
requirements having regard to the nature of the duties of any position.
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(5) The Commission shall, on request or where, in the opinion of the
Commission, consultation is necessary or desirable, consult with
representatives of the Treasury Board or any employee organization
certified as a bargaining agent under the Public Service Staff Relations
Act with respect to the standards that may be prescribed by the
Commission under subsection (1) or the principles governing
promotion, lay-off or priorities of entitlement to appointment.
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Clause 183: The heading before section 13 reads as
follows:
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Clause 184: New.
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Clause 185: The relevant portion of subsection 35(2)
reads as follows:
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(2) Without limiting the generality of subsection (1), the
Commission may make regulations
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(e) respecting the appointment to and within the Public Service of
persons in the executive group and excluding any such person or any
group of such persons from the operation of any or all of the
provisions of this Act;
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Clause 186: Subsection 41(1) reads as follows:
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41. (1) In any case where the Commission decides that it is not
practicable or in the best interests of the Public Service to apply this Act
or any provision thereof to any position or person or class of positions
or persons, the Commission may, with the approval of the Governor in
Council, exclude that position or person or class of positions or persons
in whole or in part from the operation of this Act.
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Clause 187: The relevant portion of subsection 8(1)
reads as follows:
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8. (1) For the purpose of carrying into effect a transportation plan
accepted by the Commission under section 6, the Commission may, by
order, subject to any requirements imposed by or under the Railway
Safety Act,
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Clause 188: Section 9 reads as follows:
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9. When the Agency makes an order under section 7 requiring a
railway company to cease to operate over a line within a transportation
study area, the Agency may recommend that the Minister of Public
Works acquire any land that is or was occupied as part of its railway
undertaking by the railway company subject to such conditions as the
Agency may prescribe, and the Minister of Public Works may acquire
such land by purchase or by expropriation under the Expropriation Act.
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Clause 189: Section 11 reads as follows:
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11. The Minister of Public Works may sell or lease or otherwise
dispose of any land acquired pursuant to section 9 if that disposition is
consistent with the accepted plan and any conditions prescribed by the
Agency with respect to the acquisition of the land by that Minister.
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Clause 190: The relevant portion of section 61 reads
as follows:
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61. This Part shall apply, instead of the Civil Service Superannuation
and Retirement Act,
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(c) to every officer in the Force on the first day of july, one thousand
nine hundred and two.
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Clause 191: Section 252 reads as follows:
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252. A shipping master shall keep at his office a list of the seamen
who, to the best of his knowledge and belief, have deserted or failed to
join their ships after signing an agreement to proceed to sea in them, and
shall on request show the list to a master of a ship, the shipping master
is not liable in respect of any entry made in good faith in the list.
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Clause 192: The relevant portion of section 3 reads as
follows:
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3. Canada's policy on the professional status of the artist, as
implemented by the Minister of Communications, is based on the
following rights:
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Clause 193: The relevant portion of subsection 4(2)
reads as follows:
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(2) The mandate of the Council is
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(e) to carry out such studies as the Minister of Communications may
direct.
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Clause 194: Section 4 reads as follows:
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4. The Clerk of the Parliaments shall have a seal of office and shall
affix the seal to certified copies of all Acts intended for the Registrar
General of Canada, or required to be produced before courts of justice,
either within or outside Canada, and in any other case in which the Clerk
of the Parliaments deems it expedient.
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Clause 195: Section 6 reads as follows:
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6. As soon as practicable after the end of every calendar year, or other
period prescribed by the Governor in Council, the Clerk of the
Parliaments shall obtain from the Queen's Printer bound copies of the
Statutes of Canada passed during that year or period, and shall deliver
one copy of those Acts in the English and French languages, duly
certified, to the Registrar General of Canada.
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Clause 196: Subsection 9(1) reads as follows:
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9. (1) The Commission may, by order, exempt any class of Canadian
carriers from the application of this Act, subject to any conditions
contained in the order, where the Commission, after holding a public
hearing in relation to the exemption, is satisfied that the exemption is
consistent with the Canadian telecommunications policy objectives.
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Clause 197: Section 18 reads as follows:
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18. An application for the issuance, renewal or amendment of an
international submarine cable licence must be made in the prescribed
form and manner and be accompanied by the prescribed information
and the prescribed fee or a fee calculated in the prescribed manner.
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Clause 198: The relevant portion of subsection 22(1)
reads as follows:
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22. (1) The Governor in Council may, in relation to Canadian
carriers' eligibility under section 16 to operate as telecommunications
common carriers, make regulations
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(f) respecting the powers of a Canadian carrier to require disclosure
of the beneficial ownership of its shares, the right of the carrier and
its directors, officers, employees and agents to rely on any required
disclosure and the effects of their reliance;
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(j) prescribing anything that is to be prescribed and generally for
carrying out the purposes and provisions of section 16 and this
subsection.
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Clause 199: Subsection 25(1) reads as follows:
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25. (1) No Canadian carrier shall provide a telecommunications
service except in accordance with a tariff filed with and approved by the
Commission that specifies the rate or the maximum or minimum rate,
or both, to be charged for the service.
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Clause 200: Subsection 28(1) reads as follows:
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28. (1) The Commission shall have regard to the broadcasting policy
for Canada set out in subsection 3(1) of the Broadcasting Act in
determining whether any discrimination is unjust or any preference or
disadvantage is undue or unreasonable in relation to any transmission
of programs, as defined in subsection 2(1) of that Act, that is primarily
direct to the public and made
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(b) through the terrestrial distribution facilities of a Canadian carrier,
whether alone or in conjunction with facilities owned by a
broadcasting undertaking.
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Clause 201: Section 29 reads as follows:
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29. No Canadian carrier shall, without the prior approval of the
Commission, give effect to any agreement or arrangement, whether oral
or written, with another telecommunications common carrier
respecting
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(a) the interchange of telecommunications by means of their
telecommunications facilities;
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(b) the management or operation of either or both of their facilities
or any other facilities with which either or both are connected; or
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(c) the apportionment of rates or revenues between the carriers.
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Clause 202: Subsections 34(1) to (3) read as follows:
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34. (1) The Commission may make a determination to refrain, in
whole or in part and conditionally or unconditionally, from the exercise
of any power or the performance of any duty under sections 24, 25, 27,
29 and 31 in relation to a telecommunications service or class of
services provided by a Canadian carrier, where the Commission finds
as a question of fact that to refrain would be consistent with the
Canadian telecommunications policy objectives.
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(2) Where the Commission finds as a question of fact that a
telecommunications service or class of services provided by a Canadian
carrier is or will be subject to competition sufficient to protect the
interests of users, the Commission shall make a determination to refrain,
to the extent that it considers appropriate, conditionally or
unconditionally, from the exercise of any power or the performance of
any duty under sections 24, 25, 27, 29 and 31 in relation to the service
or class of services.
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(3) The Commission shall not make a determination to refrain under
this section in relation to a telecommunications service or class of
services if the Commission finds as a question of fact that to refrain
would be likely to impair unduly the establishment or continuance of a
competitive market for that service or class of services.
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Clause 203: Subsections 37(1) and (2) read as follows:
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37. (1) The Commission may require a Canadian carrier
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(a) to adopt any method of identifying the costs of providing
telecommunications services and to adopt any accounting method or
system of accounts for the purposes of the administration of this Act;
or
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(b) to submit to the Commission, in periodic reports or in such other
form and manner as the Commission specifies, any information that
the Commission considers necessary for the administration of this
Act or any special Act.
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(2) Where the Commission believes that a person other than a
Canadian carrier is in possession of information that the Commission
considers necessary for the administration of this Act or any special Act,
the Commission may require that person to submit the information to
the Commission in periodic reports or in such other form and manner
as the Commission specifies, unless the information is a confidence of
the executive council of a province.
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Clause 204: Subsection 43(3) reads as follows:
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(3) No Canadian carrier or distribution undertaking shall construct
a transmission line on, over, under or along a highway or other public
place without the consent of the municipality or other public authority
having jurisdiction over the highway or other public place.
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Clause 205: Section 45 reads as follows:
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45. On application by a municipality or other public authority, or by
an owner of land, the Commission may authorize the construction of
drainage works or the laying of utility pipes on, over, under or along a
transmission line of a Canadian carrier or any lands used for the
purposes of a transmission line, subject to any conditions that the
Commission determines.
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Clause 206: Subsection 64(1) reads as follows:
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64. (1) An appeal from a decision of the Commission on any question
of law or of jurisdiction may be brought in the Federal Court of Appeal
with the leave of that Court.
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Clause 207: The relevant portion of subsection 71(4)
reads as follows:
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(4) An inspector may, for the purposes for which the inspector was
designated an inspector,
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(a) subject to subsection (5), enter and inspect, at any reasonable
time, any place owned by or under the control of any Canadian
carrier in which the inspector believes on reasonable grounds there
is any document, information or thing relevant to the enforcement of
this Act or any special Act, and examine the document, information
or thing or remove it for examination or reproduction;
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Clause 208: Subsection 76(2) reads as follows:
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(2) A transmission line that was constructed by a Canadian
carrier on, over, under or along a highway or other public place
while the carrier's operations were not being regulated under an
Act of Parliament shall be deemed to have been constructed with the
consent referred to in subsection 43(3).
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Clause 209: The relevant portion of subsection 9(1)
reads as follows:
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9. (1) No person shall adopt in connection with a business, as a
trade-mark or otherwise, any mark consisting of, or so nearly
resembling as to be likely to be mistaken for,
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(n.1) any armorial bearings granted, recorded or approved for use by
a recipient pursuant to the prerogative powers of Her Majesty as
exercised by the Governor General in respect of the granting of
armorial bearings, if the Registrar has, at the request of the Governor
General, given public notice of the grant, recording or approval; or
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Clause 210: Subsection 40(2) reads as follows:
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(2) When an application for registration of a proposed trade-mark is
allowed, the Registrar shall give notice to the applicant accordingly and
shall register the trade-mark and issue a certificate of registration on
receipt of a declaration that the use of the trade-mark in Canada, in
association with the wares or services specified in the application, has
been commenced by
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(b) the applicant's successor in title; or
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(c) an entity that is licensed by or with the authority of the applicant
to use the trade-mark, if the applicant has direct or indirect control
of the character or quality of the wares or services.
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Clause 211: Subsections 50(1) and (2) read as follows:
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50. (1) For the purposes of this Act, if an entity is licensed by or with
the authority of the owner of a trade-mark to use the trade-mark in a
country and the owner has, under the licence, direct or indirect control
of the character or quality of the wares or services, then the use,
advertisement or display of the trade-mark in that country as or in a
trade-mark, trade-name or otherwise by that entity has, and is deemed
always to have had, the same effect as such a use, advertisement or
display of the trade-mark in that country by the owner.
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(2) For the purposes of this Act, to the extent that public notice is
given of the fact that the use of a trade-mark is a licensed use and of the
identity of the owner, it shall be presumed, unless the contrary is proven,
that the use is licensed by the owner of the trade-mark and the character
or quality of the wares or services is under the control of the owner.
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Clause 212: The definition ``handling'' in section 2
reads as follows:
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``handling'' means loading, unloading, packing or unpacking
dangerous goods in a means of containment or transport for the
purposes of, in the course of or following transportation and includes
storing them in the course of transportation;
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Clause 213: The relevant portion of subsection 37(2)
reads as follows:
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(2) The permission granted under subsection (1) shall be expressed
to be granted for a period specified in the order not exceeding
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Clause 214: Subsection 88(2) reads as follows:
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(2) A company may charge a reasonable fee, not exceeding a
prescribed amount, for a security certificate issued in respect of a
transfer.
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Clause 215: The relevant portion of subsection 280(1)
reads as follows:
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280. (1) The Governor in Council may make regulations
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(e) exempting any class of distributions from the application of
sections 278 to 287;
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(f) exempting from the application of sections 278 to 287 any
former-Act company whose shareholders are confined to entities
incorporated or formed by or under an Act of Parliament or of the
legislature of a province that are, in the opinion of the directors,
operating as credit unions or cooperative associations; and
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(g) generally, for carrying out the purposes and provisions of
sections 278 to 287.
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Clause 216: Subsection 281(1) reads as follows:
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281. (1) On application by a company or any person proposing to
make a distribution, the Superintendent may, by order, exempt that
distribution from the application of sections 278 to 287 if the
Superintendent is satisfied that the company has filed or is about to file,
in compliance with the laws of the relevant jurisdiction, a prospectus
relating to the distribution that, in form and content, substantially
complies with the requirements of this Act and any regulations made
under subsection 280(1).
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Clause 217: Subsection 330(4) reads as follows:
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(4) The expenses entailed by any examination or audit referred to in
any of subsections (1) to (3) are payable by the company on being
approved in writing by the Superintendent.
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Clause 218: Subsection 367(2) reads as follows:
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(2) Service of a document on a company after its dissolution may be
effected by serving the document on a person shown as a director in the
incorporating instrument of the company or, if applicable, in the latest
return sent to the Superintendent under section 489.
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Clause 219: Subsection 419(3) reads as follows:
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(3) Subsection (1) does not apply in respect of security interests
created on
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(a) such classes of personal property as the superintendent may, by
order, designate; or
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(b) property having an aggregate value that is less than such amount
as the superintendent may, by order, specify.
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Clause 220: The relevant portion of section 531 reads
as follows:
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531. The Governor in Council may make regulations
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(g) respecting the protection and maintenance of assets of a company
and assets held in trust by a company, including regulations
respecting the bonding of directors, officers and employees of a
company;
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Clause 221: The definition ``Minister'' in section 2
reads as follows:
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``Minister'' means the Minister of National Health and Welfare;
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Clause 222: (1) Subsection 4(1) reads as follows:
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4. (1) Where the Governor in Council is satisfied that any public
lands are required for wildlife research, conservation or interpretation,
the Governor in Council may assign the administration of those lands
to the Minister.
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(2) The relevant portion of subsection 4(2) reads as
follows:
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(2) Where the administration of any public lands has been assigned
to the Minister pursuant to subsection (1), the Minister may
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Clause 223: The relevant portion of section 24 reads
as follows:
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24. If more than one liquidator is appointed under subsection 23(1),
a court may
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Clause 226: Since the Act was enacted, the Dawson
First Nation has changed its name to Tr'ondëk
Hwëch'in.
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Clause 227: The relevant portion of the definition
``Yukon First Nation'' in section 2 reads as follows:
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``Yukon first nation'' means any of the first nations known as the
Champagne and Aishihik First Nations, the First Nation of Nacho
Nyak Dun, the Teslin Tlingit Council, the Vuntut Gwitchin First
Nation or any of the following first nations whose land claims
agreement has been added to Part I of Schedule I pursuant to section
79, namely,
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Clause 228: The definition ``resident in Canada'' in
subsection 2(1) reads as follows:
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``resident in Canada'' has the meaning given to that expression by
section 250 of the Income Tax Act;
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Clause 229: The relevant portion of section 111 reads
as follows:
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111. The following classes of transactions are exempt from the
application of this Part:
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(e) an acquisition of a Canadian resource property, as defined in
paragraph 66(15)(c) of the Income Tax Act, pursuant to an agreement
in writing that provides for the transfer of that property to the person
or persons acquiring the property only if the person or persons
acquiring the property incur expenses to carry out exploration or
development activities with respect to the property; and
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(f) an acquisition of voting shares of a corporation pursuant to an
agreement in writing that provides for the issuance of those shares
only if the person or persons acquiring them incur expenses to carry
out exploration or development activities with respect to a Canadian
resource property, as defined in paragraph 66(15)(c) of the Income
Tax Act, in respect of which the corporation has the right to carry out
those activities where the corporation does not have any significant
assets other than that property.
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Clause 230: (1) The definition ``fiscal period'' in
subsection 68.15(1) reads as follows:
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``fiscal period'' means a fiscal period as determined for the purposes of
the Income Tax Act.
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(2) New.
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Clause 231: (1) The definition ``fiscal period'' in
subsection 68.21(1) reads as follows:
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``fiscal period'' means a fiscal period as determined for the purposes of
the Income Tax Act.
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(2) New.
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Clause 232: (1) to (3) The definitions ``charity'' and
``non-profit organization'' in subsection 68.24(1) read
as follows:
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``charity'' has the meaning assigned by paragraph 149.1(1)(d) of the
Income Tax Act.
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``non-profit organization'' has the meaning assigned by paragraph
149(1)(l) of the Income Tax Act.
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(4) New.
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Clause 233: The definition ``capital property'' in
subsection 120(1) reads as follows:
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``capital property'', in respect of a person, means property that is, or that
would be if the person were a taxpayer under the Income Tax Act,
capital property of the person within the meaning of that Act, other
than property described in Class 12 or 14 of Schedule II to the
Income Tax Regulations;
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Clause 234: The relevant portion of section 12 of Part
I of Schedule V reads as follows:
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12. A supply of farmland by way of sale made to a particular
individual, an individual related to the particular individual or a former
spouse of the particular individual by a person that is a corporation,
partnership or trust where
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(a) immediately before the time ownership of the property is
transferred under the supply
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(iii) the particular individual, the spouse of the particular
individual or a child (within the meaning of paragraph 70(10)(a)
of the Income Tax Act) of the particular individual is actively
engaged in the business of the person; and
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Clause 235: Subsection 6(1.1) reads as follows:
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(1.1) Where a province has entered into a tax collection agreement
respecting either personal income tax or corporation income tax, a
change to the Income Tax Act affecting, as the case may be, the amount
defined as being ``tax otherwise payable under this Part'', within the
meaning assigned to that expression by paragraph 120(4)(c) of the
Income Tax Act, or corporate taxable income within the meaning of that
Act shall be deemed to be a change in the rates or in the structures of
provincial taxes for the purposes of paragraph (1)(b).
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Clause 236: The relevant portion of section 10 reads
as follows:
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10. The provincial personal income tax revenue guarantee payment
that may be paid to a province for a fiscal year is the amount, if any, as
determined by the Minister, by which
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(i) the product obtained by multiplying the total revenue that, in
the opinion of the Minister, would have been derived in the
province from a personal income tax on every individual
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computed in accordance with the Income Tax Act, as it would
have applied to the taxation year coinciding with the calendar
year ending in the fiscal year, had the amendments referred to in
section 9 not been made with respect to that year as if the personal
income tax payable by every such individual were the ``tax
otherwise payable under this Part'' within the meaning assigned
to that expression by paragraph 120(4)(c) of the Income Tax Act
for that taxation year, which total revenue is, in this Part, referred
to as the ``basic personal income tax revenue'' that would have
been derived in the province for the taxation year, by the
provincial personal income tax rate applicable to that taxation
year
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(ii) the product obtained by multiplying the total revenue, as
determined by the Minister, that would be derived in the province
from a personal income tax on every individual described in
clauses (i)(A) and (B) computed in accordance with the Income
Tax Act, as it applied to that taxation year, as if the personal
income tax payable by every such individual were the ``tax
otherwise payable under this Part'' within the meaning assigned
to that expression by paragraph 120(4)(c) of the Income Tax Act
for that taxation year, by the provincial personal income tax rate
applicable to that taxation year,
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Clause 237: The relevant portion of subsection
12.2(1) reads as follows:
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12.2 (1) No payment may be made under this Part to a province for
a fiscal year unless
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(b) the Act of the legislature of the province imposing a tax on the
income of corporations provides, in the opinion of the Minister, for
a deduction in computing taxable income of a corporation for
taxation years ending in the fiscal year of at least 9/4 of the tax
payable for those taxation years by the corporation under Part VI.1
of the Income Tax Act.
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Clause 238: The relevant portion of subsection 16(2)
reads as follows:
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(2) For the purposes of subsection (1), the amount represented by the
federal income tax reduction in a province in respect of the Canada
Health and Social Transfer for a fiscal year is an amount equal to the
aggregate of
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(a) seventy-five per cent of the amount, as determined by the
Minister, that would be derived from a tax, computed in accordance
with the Income Tax Act,
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(i) on the incomes, other than incomes from businesses, of
individuals resident in the province on the last day of the taxation
year ending in the fiscal year, within the meaning of the Income
Tax Act,
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(ii) on the incomes, other than incomes from businesses, earned
in the province in the taxation year ending in the fiscal year by
individuals not resident in Canada at any time during the taxation
year, within the meaning of the Income Tax Act, and
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(iii) on the incomes from businesses earned in the province in the
taxation year ending in the fiscal year by individuals, within the
meaning of the Income Tax Act,
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equal to the product obtained by multiplying 13.5/(100-9.143) by
the tax otherwise payable, within the meaning of paragraph
120(4)(c) of the Income Tax Act, under Part I of that Act on those
incomes,
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(b) twenty-five per cent of the amount, as determined by the
Minister, that would be derived from a tax, computed in accordance
with the Income Tax Act,
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(i) on the incomes, other than incomes from businesses, of
individuals resident in the province on the last day of the taxation
year beginning in the fiscal year, within the meaning of the
Income Tax Act,
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(ii) on the incomes, other than incomes from businesses, earned
in the province in the taxation year beginning in the fiscal year by
individuals not resident in Canada at any time during the taxation
year, within the meaning of the Income Tax Act, and
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(iii) on the incomes from businesses earned in the province in the
taxation year beginning in the fiscal year by individuals, within
the meaning of the Income Tax Act,
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equal to the product obtained by multiplying 13.5/(100-9.143) by
the tax otherwise payable, within the meaning of paragraph
120(4)(c) of the Income Tax Act, under Part I of that Act on those
incomes,
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Clause 239: The definition ``tax abatement'' in
section 26 reads as follows:
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``tax abatement'' means the percentage that is applied to the ``tax
otherwise payable under this Part'' within the meaning assigned by
paragraph 120(4)(c) of the Income Tax Act to determine the amount
that is deemed by subsection 120(2) of that Act to have been paid by
an individual on account of his tax for a taxation year;
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Clause 240: Subsection 50(3) reads as follows:
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(3) For the purposes of the Income Tax Act, the amounts contributed
by a judge pursuant to subsection (1) or (2) shall be deemed to be
contributed to or under a registered pension fund or plan.
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Clause 241: (1) The definition ``registered charity'' in
subsection 70(4) reads as follows:
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``registered charity'' has the meaning assigned to that expression by the
Income Tax Act;
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(2) New.
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Clause 242: Subsection 4(3) reads as follows:
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(3) For the purposes of the Income Tax Act, the amount contributed
by a Lieutenant Governor pursuant to subsection (1) shall be deemed to
be contributed to or under a registered pension fund or plan.
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Clause 243: Section 14 reads as follows:
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14. For the purposes of the Income Tax Act, the amount contributed
by a contributor pursuant to section 13 shall be deemed to be
contributed to or under a registered pension fund or plan.
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Clause 244: The relevant portion of subsection 4(2)
reads as follows:
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(2) In this Act, ``pension plan'' means a superannuation or other plan
organized and administered to provide pension benefits to employees
employed in included employment (and former employees) and to
which the employer is required under or in accordance with the plan to
contribute, whether or not provision is also made for other benefits or
for benefits to other persons, and includes a supplemental pension plan,
whether or not the employer is required to make contributions under or
in accordance with the supplemental pension plan, but does not include
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(a) an employees' profit sharing plan or a deferred profit sharing
plan as defined in sections 144 and 147, respectively, of the Income
Tax Act;
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Clause 245: Subsection 3(2) reads as follows:
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(2) For the purposes of determining the consideration paid or
provided by a discounter for the acquisition of a right to a refund of tax
from a client, the discount charged by the discounter includes the
amount of any fee or charge levied or made by the discounter, or by any
person not acting at arm's length (within the meaning of the Income Tax
Act) with the discounter, for the service of preparing the client's return
of income or for any other service directly related to the discounting
transaction.
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