Bill C-60

Coming into Force

103. Sections 64 to 102 are deemed to have come into force on April 1, 2013.

Division 2

Financial Institutions

Trust and Loan Companies Act

104. (1) The portion of subsection 187(1) of the Trust and Loan Companies Act before paragraph (a) is replaced by the following:

187. (1) The directors of a company shall not transact business at a meeting of directors unless

(2) Paragraphs 187(1)(a) and (b) of the English version of the Act are replaced by the following:

(a) in the case of a company that is the subsidiary of a foreign institution, at least one half of the directors present are resident Canadians; and

(b) in the case of any other company, a majority of the directors present are resident Canadians.

(3) The portion of subsection 187(1) of the English version of the Act after paragraph (b) is repealed.

(4) The portion of subsection 187(2) of the English version of the Act before paragraph (a) is replaced by the following:

(2) Despite subsection (1), the directors of a company may transact business at a meeting of directors without the required proportion of directors who are resident Canadians if

Bank Act

105. (1) The portion of subsection 183(1) of the Bank Act before paragraph (a) is replaced by the following:

183. (1) The directors of a bank shall not transact business at a meeting of directors unless

(2) The portion of subsection 183(2) of the English version of the Act before paragraph (a) is replaced by the following:

(2) Despite subsection (1), the directors of a bank may transact business at a meeting of directors without the required proportion of directors who are resident Canadians if

106. (1) The portion of subsection 772(1) of the French version of the Act before paragraph (a) is replaced by the following:

(2) The portion of subsection 772(2) of the English version of the Act before paragraph (a) is replaced by the following:

(2) Despite subsection (1), the directors of a bank holding company may transact business at a meeting of directors without the required proportion of directors who are resident Canadians if

Insurance Companies Act

107. (1) The portion of subsection 192(1) of the Insurance Companies Act before paragraph (a) is replaced by the following:

192. (1) The directors of a company shall not transact business at a meeting of directors unless

(2) Paragraphs 192(1)(a) and (b) of the English version of the Act are replaced by the following:

(a) in the case of a company that is the subsidiary of a foreign institution, at least one half of the directors present are resident Canadians; and

(b) in the case of any other company, a majority of the directors present are resident Canadians.

(3) The portion of subsection 192(1) of the English version of the Act after paragraph (b) is repealed.

(4) The portion of subsection 192(2) of the English version of the Act before paragraph (a) is replaced by the following:

(2) Despite subsection (1), the directors of a company may transact business at a meeting of directors without the required proportion of directors who are resident Canadians if

108. (1) The portion of subsection 819(1) of the Act before paragraph (a) is replaced by the following:

819. (1) The directors of an insurance holding company shall not transact business at a meeting of directors unless

(2) Paragraphs 819(1)(a) and (b) of the English version of the Act are replaced by the following:

(a) in the case of an insurance holding company that is the subsidiary of a foreign institution, at least one half of the directors present are resident Canadians; and

(b) in the case of any other insurance holding company, a majority of the directors present are resident Canadians.

(3) The portion of subsection 819(1) of the English version of the Act after paragraph (b) is repealed.

(4) The portion of subsection 819(2) of the English version of the Act before paragraph (a) is replaced by the following:

(2) Despite subsection (1), the directors of an insurance holding company may transact business at a meeting of directors without the required proportion of directors who are resident Canadians if

Cooperative Credit Associations Act

109. (1) Subsection 188(1) of the Cooperative Credit Associations Act is replaced by the following:

188. (1) The directors of an association shall not transact business at a meeting of directors unless a majority of the directors present are resident Canadians.

(2) The portion of subsection 188(2) of the English version of the Act before paragraph (a) is replaced by the following:

(2) Despite subsection (1), the directors of an association may transact business at a meeting of directors without the required proportion of directors who are resident Canadians if

Division 3

Federal-Provincial Fiscal Arrangements Act

110. Sections 3 to 3.11 of the Federal-Provincial Fiscal Arrangements Act are replaced by the following:

3. Subject to the other provisions of this Act, there may be paid to a province a fiscal equalization payment not exceeding the amounts determined under this Part for each fiscal year in the period beginning on April 1, 2007 and ending on March 31, 2019.

111. Section 3.12 of the Act is amended by adding the following after subsection (3):

112. (1) The portion of subsection 3.2(1) of the Act before paragraph (a) is replaced by the following:

3.2 (1) Subject to the other provisions of this Part, the fiscal equalization payment that may be paid to a province for a fiscal year is the amount, as determined by the Minister, equal to the greater of

(2) Subsection 3.2(4) of the Act is repealed.

113. Section 3.3 of the Act is repealed.

114. Subsection 3.4(10) of the Act is repealed.

115. (1) The definition “per capita pre-adjustment equalized fiscal capacity” in subsection 3.5(1) of the Act is replaced by the following:

“per capita pre-adjustment equalized fiscal capacity” means, in respect of a province for a fiscal year, the amount determined by the formula

A + B + C + (E / F)

where

A,      B, E and F have the same meaning as the descriptions of A, B, E and F, respectively, in the definition “total per capita fiscal capacity”; and

C      is the per capita equalization payment for that province for that fiscal year.

(2) The formula in the definition “total per capita fiscal capacity” in subsection 3.5(1) of the Act is replaced by the following:

A + B + [(C + E) / F]

(3) The descriptions of C to E in the definition “total per capita fiscal capacity” in subsection 3.5(1) of the Act are replaced by the following:

C      is any fiscal equalization payment that would be paid to that province for that fiscal year if the amount of that payment were determined in accordance with section 3.2 without regard to section 3.4;

E      is, with respect to Nova Scotia, any amount that may be paid to that province for that fiscal year in accordance with sections 7 and 8 and 10 to 14 of the Nova Scotia and Newfoundland and Labrador Additional Fiscal Equalization Offset Payments Act; and

116. The heading before section 3.6 and sections 3.6 to 3.71 of the Act are replaced by the following:

Nova Scotia

3.71 (1) An additional fiscal equalization payment for the period referred to in subsection (2) may be paid to Nova Scotia equal to the amount by which

(a) the aggregate of the following amounts:

(i) the aggregate of the fiscal equalization amounts computed under section 3.72 for that province for all fiscal years in the period, and

(ii) the aggregate of the amounts that would be paid to that province for all fiscal years in the period in accordance with sections 7 to 14 of the Nova Scotia and Newfoundland and Labrador Additional Fiscal Equalization Offset Payments Act as that Act read on April 1, 2007, computed as if the fiscal equalization payment for that province for each fiscal year in the period were equal to the fiscal equalization amount computed under section 3.72 for that province for that fiscal year

is greater than

(b) the aggregate of the following amounts:

(i) the aggregate of the fiscal equalization payments paid to that province for the period, and

(ii) the aggregate of the amounts paid to that province for the period in accordance with sections 7 to 14 of the Nova Scotia and Newfoundland and Labrador Additional Fiscal Equalization Offset Payments Act.

(2) For the purpose of subsection (1), “period” means the period beginning on April 1, 2008 and ending on the earlier of

(a) March 31 of the fiscal year preceding the first fiscal year with respect to which Nova Scotia does not meet the conditions under paragraphs 12(1)(a) and (b) of the Nova Scotia and Newfoundland and Labrador Additional Fiscal Equalization Offset Payments Act and is not receiving any transitional payments under section 14 of that Act, and

(b) March 31, 2020.

117. (1) Paragraphs 3.72(5)(a) and (b) of the Act are replaced by the following:

(a) subsection (4) applies to Nova Scotia in respect of the revenue source referred to in paragraph (z.5) of the definition “revenue source” in subsection 3.9(1) only for those fiscal years in the period referred to in subsection 3.71(2) for which the application of subsection (4) would result in an increase in the amount calculated under paragraph 3.71(1)(a); and

(b) subsection (4) does not apply to Newfoundland and Labrador in respect of the revenue source referred to in paragraph (z.5) of the definition “revenue source” in subsection 3.9(1).

(2) Subsection 3.72(6) of the Act is repealed.

118. Section 3.8 of the Act is repealed.

119. (1) The portion of subsection 3.9(1) of the Act before the first definition is replaced by the following:

3.9 (1) The following definitions apply in this section and in sections 3.71 and 3.72.

(2) Subsections 3.9(4) to (7) of the Act are repealed.

120. (1) Paragraph 3.91(1)(a) of the Act is replaced by the following:

(a) the fiscal equalization payment that may be paid to a province under sections 3.2 and 3.4 for that fiscal year on the basis that the province makes an election under subsection 3.2(2) for that fiscal year; and

(2) Subsections 3.91(2) to (5) of the Act are replaced by the following:

(2) The fiscal equalization amounts referred to in section 3.72 for a fiscal year shall be calculated no later than three months before the end of the fiscal year.

121. Section 3.97 of the Act is replaced by the following:

3.97 For the purpose of the Nova Scotia and Newfoundland and Labrador Additional Fiscal Equalization Offset Payments Act, the final computation of the amount of the fiscal equalization payment for a fiscal year is deemed to have been made on March 1 of that fiscal year.

122. (1) The definition “revenue block” in subsection 4(1) of the Act is repealed.

(2) The definitions “population adjusted gross expenditure escalator” and “superannuation adjustment” in subsection 4(1) of the Act are replaced by the following:

“population adjusted gross expenditure escalator” means, in respect of a territory for a fiscal year, a factor equal to the product obtained by multiplying

(a) the population adjustment factor for that territory for the fiscal year

by

(b) the provincial local government expenditure index for the fiscal year.

“superannuation adjustment” means, in respect of a territory, for each fiscal year, the amount determined by the Minister of Public Works and Government Services to be equal to, with respect to the fiscal year that is two years prior to that fiscal year, the difference between the amount of the superannuation contribution that is payable by that territory under the Public Service Superannuation Act and the amount that would be payable by that territory under that Act as it read on June 16, 1999.

(3) The formula in the definition “fiscal capacity” in subsection 4(1) of the Act is replaced by the following:

(A + B + C) / 3

(4) The description of D in the definition “fiscal capacity” in subsection 4(1) of the Act is repealed.

(5) Paragraph (a) of the definition “gross expenditure base” in subsection 4(1) of the Act is replaced by the following:

(a) for the fiscal year beginning on April 1, 2013, an amount equal to

(i) $931,907,459 in respect of Yukon,

(ii) $1,339,030,641 in respect of the Northwest Territories, and

(iii) $1,465,334,373 in respect of Nunavut; and

(6) Paragraphs (a) and (b) of the definition “revenue source” in subsection 4(1) of the Act are replaced by the following:

(a) revenues relating to personal income;

(b) revenues relating to corporate income and government business enterprises;

(7) The definition “revenue source” in subsection 4(1) of the Act is amended by striking out “and” at the end of paragraph (f) and by adding the following after paragraph (g):

123. (1) Subsections 4.1(1) and (2) of the Act are replaced by the following:

4.1 (1) Subject to the other provisions of this Act, there may be paid to a territory a territorial formula financing payment not exceeding the amounts determined under this Part for each fiscal year in the period beginning on April 1, 2014 and ending on March 31, 2019.

(2) Section 4.1 of the Act is amended by adding the following after subsection (3):

124. Subparagraph 4.2(b)(iii) of the Act is repealed.

125. The description of A in subparagraph 24.1(1)(a)(v) of the Act is replaced by the following:

A      is the average of the annual rates of growth of the nominal gross domestic product of Canada for the calendar year that ends during the fiscal year in question and for the two previous calendar years, as determined by the Minister not later than three months before the beginning of that fiscal year; and

Division 4

Payments to Certain Entities or for Certain Purposes

Canadian Youth Business Foundation

126. There may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister of Industry, a sum not exceeding $18,000,000 to the Canadian Youth Business Foundation for its use.

Genome Canada

127. There may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister of Industry, a sum not exceeding $165,000,000 to Genome Canada for its use.

Nature Conservancy of Canada

128. There may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister of the Environment, a sum not exceeding $20,000,000 to the Nature Conservancy of Canada for its use.

Nunavut Housing

129. There may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister of Human Resources and Skills Development, in accordance with terms and conditions approved by the Treasury Board, a sum not exceeding $30,000,000 to the Canada Mortgage and Housing Corporation to provide funding to Nunavut for housing.

Indspire

130. There may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister of Indian Affairs and North-ern Development, a sum not exceeding $5,000,000 to Indspire to provide post-secondary scholarships and bursaries for students who are registered as Indians under the Indian Act and for Inuit students.

Pallium Foundation of Canada

131. There may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister of Health, a sum not exceeding $3,000,000 to the Pallium Foundation of Canada to support training in palliative care to front-line health care providers.

Canadian National Institute for the Blind

132. There may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister of Human Resources and Skills Development, to the Canadian National Institute for the Blind a sum not exceeding $3,000,000 for a national digital hub to improve library services for persons with a print disability.

Division 5

Canadian Securities Regulation Regime Transition Office Act

Amendment to the Act

133. Subsections 17(1) to (3) of the Canadian Securities Regulation Regime Transition Office Act are replaced by the following:

17. (1) The Governor in Council may, by order, on the recommendation of the Minister, dissolve the Transition Office.

(2) The order shall be published in the Canada Gazette before the date of dissolution referred to in the order.

Repeal

134. (1) Order in Council P.C. 2012-341 of March 27, 2012 is repealed.

(2) For greater certainty, the repeal of the Order does not affect its operation during the period before its repeal.

Coming into Force

135. This Division comes into force or is deemed to have come into force on the earlier of the day on which this Act receives royal assent and July 11, 2013.

Division 6

Investment Canada Act

Amendments to the Act

136. (1) Paragraph (d) of the definition “Canadian” in section 3 of the Investment Canada Act is replaced by the following:

(d) an entity that is Canadian-controlled, as determined under subsection 26(1) or (2) and in respect of which there has been no determination made under any of subsections 26(2.1), (2.11) and (2.31) or declaration made under subsection 26(2.2) or (2.32);

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

137. (1) Subsection 14.1(1) of the Act is replaced by the following:

14.1 (1) Despite the limits set out in subsection 14(3), but subject to subsection (1.1), an investment described in paragraph 14(1)(a) or (b) by a WTO investor or — if the Canadian business that is the subject of the investment is, immediately prior to the implementation of the investment, controlled by a WTO investor — by a non-Canadian, other than a WTO investor, is reviewable under section 14 only if the enterprise value, calculated in the manner prescribed, of the assets described in paragraph 14(3)(a) or (b), as the case may be, is equal to or greater than,

(2) The portion of subsection 14.1(2) of the Act before the formula is replaced by the following:

(2) The amount for any year for the purposes of paragraph (1)(e) and subsection (1.1) shall be determined by the Minister in January of that year by rounding off to the nearest million dollars the amount arrived at by using the following formula:

138. Subsections 21(2) to (9) of the Act are replaced by the following:

(2) Subject to subsection (3), if, before the end of the 45-day period referred to in subsection (1), a notice is sent under subsection 25.2(1) in respect of the investment, the period during which the Minister may send the notice referred to in subsection (1) expires 30 days after the end of the prescribed period referred to in subsection 25.3(1) or at the end of any further period that the Minister and the applicant agree on.

(3) Subject to subsections (4) and (5), if, before the end of the 45-day period referred to in subsection (1), a notice is sent under subsection 25.2(1) in respect of the investment and if, in respect of the investment, an order is made under subsection 25.3(1), the period during which the Minister may send the notice referred to in subsection (1) expires

(a) 30 days after the end of

(i) the prescribed period referred to in subsection 25.3(6) or (7), as the case may be, or

(ii) the further period, if one was agreed on under subsection 25.3(7); or

(4) If, before the end of the 45-day period referred to in subsection (1), a notice is sent under subsection 25.2(1) in respect of the investment and if, in respect of the investment, an order is made under subsection 25.3(1) and a notice under paragraph 25.3(6)(b) is sent, the period during which the Minister may send the notice referred to in subsection (1) expires 30 days after the day on which the notice under that paragraph was sent or at the end of any further period that the Minister and the applicant agree on.

(5) If, before the end of the 45-day period referred to in subsection (1), a notice is sent under subsection 25.2(1) in respect of the investment and if an order is made under subsection 25.3(1) in respect of the investment and the Minister refers the investment to the Governor in Council under paragraph 25.3(6)(a) or subsection 25.3(7), the period during which the Minister may send the notice referred to in subsection (1) expires either 30 days after the earlier of the following days or at the end of any further period that the Minister and the applicant agree on:

(a) the day on which the Governor in Council takes any measure under subsection 25.4(1) or (1.1) in respect of the investment, and

(b) the day on which the prescribed period referred to in subsection 25.4(1) or (1.1), as the case may be, ends.

(6) Subject to subsections (7) and (8), if, before the end of the 45-day period referred to in subsection (1), an order is made under subsection 25.3(1) in respect of the investment, the period during which the Minister may send the notice referred to in subsection (1) expires

(a) 30 days after the end of

(i) the prescribed period referred to in subsection 25.3(6) or (7), as the case may be, or

(ii) the further period, if one was agreed on under subsection 25.3(7); or

(7) If, before the end of the 45-day period referred to in subsection (1), an order is made under subsection 25.3(1) in respect of the investment and if, in respect of the investment, a notice is sent under paragraph 25.3(6)(b), the period during which the Minister may send the notice referred to in subsection (1) expires 30 days after the day on which the notice under that paragraph was sent or at the end of any further period that the Minister and the applicant agree on.

(8) If, before the end of the 45-day period referred to in subsection (1), an order is made under subsection 25.3(1) in respect of the investment and if the Minister refers the investment to the Governor in Council under paragraph 25.3(6)(a) or subsection 25.3(7), the period during which the Minister may send the notice referred to in subsection (1) expires either 30 days after the earlier of the following days or at the end of any further period that the Minister and the applicant agree on:

(a) the day on which the Governor in Council takes any measure under subsection 25.4(1) or (1.1) in respect of the investment, and

(b) the day on which the prescribed period referred to in subsection 25.4(1) or (1.1), as the case may be, ends.

(9) Subject to sections 22 and 23, if the Minister does not send a notice under subsection (1) within the 45-day period referred to in that subsection or, if any of subsections (2) to (8) apply, within the 30-day period or agreed further period referred to in the applicable subsection, the Minister is deemed to be satisfied that the investment is likely to be of net benefit to Canada and shall send a notice to that effect to the applicant.

139. Subsection 22(4) of the Act is replaced by the following:

(4) Subject to section 23, if the Minister does not send a notice under subsection (2) within the period referred to in that subsection or, if subsection (3) applies, within the 30-day period or agreed further period referred to in whichever of subsections 21(2) to (8) applies to this section by reason of subsection (3), then the Minister is deemed to be satisfied that the investment is likely to be of net benefit to Canada and shall send a notice to that effect to the applicant.

140. The portion of subsection 25.2(4) of the Act before paragraph (b) is replaced by the following:

(4) The Minister shall send to the non-Canadian

(a) a notice, which shall be sent within the prescribed period, indicating that no order for the review of the investment will be made under subsection 25.3(1); or

141. (1) The portion of subsection 25.3(6) of the Act before paragraph (a) is replaced by the following:

(6) After consultation with the Minister of Public Safety and Emergency Preparedness, the Minister shall, within the prescribed period,

(2) Section 25.3 of the Act is amended by adding the following after subsection (6):

142. (1) The portion of subsection 25.4(1) of the Act before paragraph (a) is replaced by the following:

25.4 (1) On the referral of an investment under paragraph 25.3(6)(a) or subsection 25.3(7), the Governor in Council may, by order, within the prescribed period, take any measures in respect of the investment that he or she considers advisable to protect national security, including

(2) Section 25.4 of the Act is amended by adding the following after subsection (1):

143. (1) The portion of subsection 26(1) of the Act before paragraph (a) is replaced by the following:

26. (1) Subject to subsections (2.1) to (2.2), (2.31) and (2.32), for the purposes of this Act,

(2) Subsection 26(2) of the Act is replaced by the following:

(2) Subject to subsections (2.1) to (2.2), (2.31) and (2.32), if it can be established that a trust is not controlled in fact through the ownership of its voting interests, subsection (1) does not apply, and the trust is a Canadian-controlled entity if two-thirds of its trustees are Canadians.

(3) Subsection 26(2.3) of the French version of the Act is replaced by the following:

(4) Subsection 26(2.4) of the Act is replaced by the following:

(2.4) The Minister shall inform the entity concerned, in writing, of any determination made under any of subsections (2.1), (2.11) and (2.31) or declaration made under subsection (2.2) or (2.32), and of any date specified under subsection (2.3) or (2.33), without delay after the determination or declaration is made.

144. (1) The portion of subsection 28(2) of the Act before paragraph (a) is replaced by the following:

(2) Subject to subsections (4) to (5), (6.1) and (6.2), for the purposes of this Act,

(2) The portion of subsection 28(3) of the Act before paragraph (a) is replaced by the following:

(3) Subject to subsections (4) to (5), (6.1) and (6.2), for the purposes of this Act,

(3) Subsection 28(6) of the French version of the Act is replaced by the following:

(4) Subsection 28(7) of the Act is replaced by the following:

(7) The Minister shall inform the entity concerned, in writing, of any determination made under any of subsections (4), (4.1) and (6.1) or declaration made under subsection (5) or (6.2) and of any date specified under subsection (6) or (6.3), without delay after the determination or declaration is made.

145. (1) Subsection 37(1) of the Act is replaced by the following:

37. (1) If any question arises under this Act as to whether an individual or entity that proposes to establish, or to acquire control of, a Canadian business that carries on a specific type of business activity referred to in paragraph 15(a) is a Canadian, the Minister shall, on application by or on behalf of the individual or entity consider the application and any information and evidence submitted in connection with the application and, unless the Minister concludes that the submitted information and evidence is not sufficient to enable the Minister to reach an opinion on the question, shall provide the applicant with a written opinion for the guidance of the applicant.

(2) Subsection 37(2) of the Act is replaced by the following:

(2) Anyone may apply to the Minister, with supporting information, for an opinion on the applicability to them of any provision of this Act or the regulations to which subsection (1) does not apply, and the Minister may provide the applicant with a written opinion for the applicant’s guidance. For greater certainty, the application may be in relation to any question that arises under this Act as to whether the applicant is a Canadian.

Related Amendments to the Budget Implementation Act, 2009

146. Subsections 448(1) and (2) of the Budget Implementation Act, 2009 are repealed.

147. Section 463 of the Act is repealed.

148. Subsection 465(2) of the Act is repealed.

Transitional Provisions

149. The following definitions apply in sections 150 to 153.

“the Act” means the Investment Canada Act.

“transition period” means the period beginning on April 29, 2013 and ending on the day on which sections 143 and 144 come into force.

150. Any application that is filed under section 17 of the Act before the day on which subsection 14.1(1) of the Act, as enacted by subsection 137(1), comes into force and in respect of which the Minister of Industry has not issued a decision before that day is deemed never to have been filed if

(a) the investment to which the application relates would be subject to subsection 14.1(1) of the Act, as enacted by subsection 137(1), had the application been made on that day; and

(b) the enterprise value of the assets to which the application relates is less than the amount referred to in paragraph

151. (1) The Minister of Industry may make a determination under subsection 26(2.31) of the Act, as enacted by subsection 143(4), in respect of an entity that has implemented an investment during the transition period only if he or she has sent to the entity, within 60 days after the end of the transition period, a notice stating that he or she is undertaking an assessment of whether the entity was controlled in fact by one or more state-owned enterprises, as defined in section 3 of the Act, at the time the investment was implemented.

(2) For greater certainty, subsection 26(2.32) of the Act, as enacted by subsection 143(4), applies if the notice referred to in subsection (1) has been sent.

152. (1) If an investment has been implemented during the transition period, the Minister of Industry may make a determination under subsection 28(6.1) of the Act, as enacted by subsection 144(4), in respect of an entity directly or indirectly involved in the investment only if he or she has sent to the entity, within 60 days after the end of the transition period, a notice stating that he or she is undertaking an assessment to determine whether the entity was controlled in fact by a state-owned enterprise, as defined in section 3 of the Act, at the time the investment was implemented, or whether there was an acquisition of control in fact of that entity by such a state-owned enterprise, as the case may be.

(2) For greater certainty, subsection 28(6.2) of the Act, as enacted by subsection 144(4), applies if the notice referred to in subsection (1) has been sent.

153. Section 37 of the Act, as it read immediately before the day on which section 145 comes into force, continues to apply in respect of applications made under that section 37 before that day.

Coming into Force

154. The provisions of this Division, except sections 136, 143 to 145, 149 and 151 to 153, come into force on a day or days to be fixed by order of the Governor in Council.

Division 7

Canada Pension Plan

155. Subsection 8(2) of the Canada Pension Plan is replaced by the following:

(2) An excess amount has been paid when the aggregate of all amounts deducted as required from the remuneration of an employee for a year, whether by one or more employers, on account of the employee’s contribution for the year under this Act or under a provincial pension plan exceeds the sum obtained by adding the following amounts:

(a) the product obtained when the contribution rate for employees for the year under this Act is multiplied by the lesser of

(i) the employee’s contributory salary and wages for the year in respect of pensionable employment to which the provisions of this Act relating to the making of contributions apply, plus the employee’s contributory self-employed earnings for the year in the case of an individual who is described in section 10 and to whom the provisions of this Act relating to the making of contributions apply, minus the prorated portion of the employee’s basic exemption for the year calculated under subsection (4), and

(ii) the prorated portion of the employee’s maximum contributory earnings for the year calculated under subsection (5); and

(b) the product obtained when the contribution rate for employees for the year under a provincial pension plan is multiplied by the lesser of

Division 8

Improving Veterans’ Benefits

Pension Act

156. Subsection 32(2) of the Pension Act is replaced by the following:

(2) If any person who is or has been in receipt of relief or unemployment assistance from the Department is or has been awarded a retroactive pension or a retroactive increase of pension, the difference between the amount actually paid by the Department and the amount that would have been paid if the retroactive pension or the retroactive increase of pension had been payable when the relief or unemployment assistance was issued shall be a second charge on the accumulated unpaid instalments of the pension and shall be withheld accordingly, subject to the payments to be made, as a first charge, to a province pursuant to subsection 30(2).

War Veterans Allowance Act

157. Subparagraph 4(3)(c)(ii) of the War Veterans Allowance Act is replaced by the following:

(ii) payable under section 34 of the Veterans Review and Appeal Board Act, any enactment prescribed by regulations made under section 25, or any similar or equivalent laws of the country in whose forces the veteran served.

158. Section 13 of the Act is replaced by the following:

13. The right of any veteran to receive a pension under the Pension Act is not affected by anything in this Act or by the receipt of any allowance.

Transitional Provision

159. If, on the day on which this Division comes into force, a person is or has been in receipt of war veterans allowance referred to in subsection 32(2) of the Pension Act as it read immediately before that day and, on or after that day, is awarded a retroactive pension or a retroactive increase of pension under that Act, then any pension payments made under that Act in respect of a month the whole of which is before that day are subject to that subsection 32(2) and to section 13 of the War Veterans Allowance Act as they read immediately before that day.

Coming into Force

160. This Division comes into force on a day to be fixed by order of the Governor in Council.

Division 9

Immigration and Refugee Protection

Immigration and Refugee Protection Act

161. Subsections 30(1.4) to (1.6) of the Immigration and Refugee Protection Act are replaced by the following:

(1.4) The instructions referred to in subsection (1.2) shall prescribe public policy considerations that aim to protect foreign nationals who are at risk of being subjected to humiliating or degrading treatment, including sexual exploitation.

(1.5) Instructions given under this section shall be published in the Canada Gazette.

(1.6) The instructions take effect on the day on which they are published, or on any later day specified in the instructions, and apply in respect of all applications for authorization to work in Canada and requests to provide an opinion with respect to an application for a work permit, including those applications and requests that were made before that day and for which a final decision has not been made.

162. (1) Section 89 of the Act is amended by adding the following after subsection (1):

(2) Section 89 of the Act is amended by adding the following before subsection (2):

163. The Act is amended by adding the following after section 89:

164. Subsection 92(1.1) of the Act is replaced by the following:

(1.1) An instruction given by the Minister or the Minister of Human Resources and Skills Development under this Act may incorporate by reference any material, regardless of its source.

165. Section 93 of the Act is replaced by the following:

93. Instructions given by the Minister or the Minister of Human Resources and Skills Development under this Act and guidelines issued by the Chairperson under paragraph 159(1)(h) are not statutory instruments for the purposes of the Statutory Instruments Act.

166. Paragraph 94(2)(e.1) of the Act is replaced by the following:

(e.1) any instructions given under subsection 30(1.2), (1.41) or (1.43) during the year in question and the date of their publication; and

No Appeal to the Refugee Appeal Division

167. A decision made by the Refugee Protection Division under subsection 107(1) of the Immigration and Refugee Protection Act in respect of a claim for refugee protection that was referred to that Division after August 14, 2012 but before December 15, 2012 is not subject to appeal to the Refugee Appeal Division if the decision takes effect in accordance with the Refugee Protection Division Rules after the day on which this section comes into force.

168. If a decision referred to in section 167 is set aside in a judicial review, the claim for refugee protection must be referred to a member of the Refugee Protection Division who is appointed under section 169.1 of the Immigration and Refugee Protection Act. The member’s decision is not subject to appeal to the Refugee Appeal Division.

Coming into Force

169. Subsection 162(2) comes into force on a day to be fixed by order of the Governor in Council.

Division 10

Citizenship Act

Amendments to the Act

170. Paragraph 27(b) of the Citizenship Act is replaced by the following:

171. The Act is amended by adding the following after section 27.1:

Coming into Force

172. The provisions of this Division come into force on a day or days to be fixed by order of the Governor in Council.

Division 11

Nuclear Safety and Control Act

173. Section 21 of the Nuclear Safety and Control Act is amended by adding the following after subsection (2):

Division 12

Department of Foreign Affairs, Trade and Development Act

Enactment of Act

174. The Department of Foreign Affairs, Trade and Development Act is enacted as follows:

An Act respecting the Department of Foreign Affairs, Trade and Development

SHORT TITLE

1. This Act may be cited as the Department of Foreign Affairs, Trade and Development Act.

CONTINUATION OF THE DEPARTMENT

2. (1) The Department of Foreign Affairs and International Trade is continued under the name of the Department of Foreign Affairs, Trade and Development over which the Minister of Foreign Affairs, appointed by commission under the Great Seal, is to preside.

(2) The Minister of Foreign Affairs, in this Act referred to as the “Minister”, holds office during pleasure and has the management and direction of the Department in Canada and abroad.

ADDITIONAL MINISTERS

3. A Minister for International Trade is to be appointed by commission under the Great Seal to hold office during pleasure and to assist the Minister in carrying out his or her responsibilities relating to international trade.

4. A Minister for International Development is to be appointed by commission under the Great Seal to hold office during pleasure and to assist the Minister in carrying out his or her responsibilities relating to international development, poverty reduction and humanitarian assistance.

5. A minister appointed under section 3 or 4 is to act with the concurrence of the Minister in carrying out his or her responsibilities and is to make use of the services and facilities of the Department.

COMMITTEES

6. The Governor in Council may establish advisory and other committees to advise or assist the Minister or to exercise and perform any powers, duties and functions that the Governor in Council specifies and may fix the remuneration and expenses to be paid to the members of the committees so established.

OFFICERS OF THE DEPARTMENT

7. The Governor in Council may appoint an officer called the Deputy Minister of Foreign Affairs to hold office during pleasure and to be the deputy head of the Department.

8. (1) The Governor in Council may appoint three Associate Deputy Ministers of Foreign Affairs, each of whom is to have the rank and status of a deputy head of a department and is, under the Deputy Minister of Foreign Affairs, to exercise and perform any powers, duties and functions, as a deputy of the Minister and otherwise, that the Minister specifies.

(2) The Governor in Council may designate one of the Associate Deputy Ministers appointed under subsection (1) to be Deputy Minister for International Trade and one to be Deputy Minister for International Development.

9. The Governor in Council may designate or appoint a person in the federal public administration as the Coordinator, International Economic Relations who is to have the rank and status of a deputy head of a department and is, subject to the direction of the Governor in Council, to exercise and perform any powers, duties and functions, as a deputy of the Minister and otherwise, that the Minister specifies.

POWERS, DUTIES AND FUNCTIONS OF THE MINISTER

10. (1) The powers, duties and functions of the Minister extend to and include all matters over which Parliament has jurisdiction, not by law assigned to any other department, board or agency of the Government of Canada, relating to the conduct of the external affairs of Canada, including international trade and commerce and international development.

(2) In exercising and performing his or her powers, duties and functions under this Act, the Minister is to

(a) conduct all diplomatic and consular relations on behalf of Canada;

(b) conduct all official communication between the Government of Canada and the government of any other country and between the Government of Canada and any international organization;

(c) conduct and manage international negotiations as they relate to Canada;

(d) coordinate Canada’s international economic relations;

(e) foster the expansion of Canada’s international trade and commerce;

(f) foster sustainable international development and poverty reduction in developing countries and provide humanitarian assistance during crises;

(g) coordinate the direction given by the Government of Canada to the heads of Canada’s diplomatic and consular missions;

(h) have the management of Canada’s diplomatic and consular missions;

(i) administer the foreign service of Canada;

(j) foster the development of international law and its application in Canada’s external relations; and

(k) carry out any other duties and functions that are by law assigned to him or her.

(3) The Minister may develop and carry out programs related to the Minister’s powers, duties and functions for the promotion of Canada’s interests abroad, including

(a) the fostering of the expansion of Canada’s international trade and commerce; and

(b) the fostering of sustainable international development and of poverty reduction in developing countries and the provision of humanitarian assistance during crises.

FEES

11. (1) The Governor in Council may, on the recommendation of the Minister and the Treasury Board, make regulations prescribing

(a) documents issued by the Minister for travel purposes for which fees are payable; and

(b) the amount of the fees and the time and manner of their payment.

(2) The fees are to be prescribed with a view to the recovery of the costs incurred by Her Majesty in right of Canada in providing consular services.

(3) The fees are to be paid in addition to any other fees payable under section 19 of the Financial Administration Act in respect of the same documents.

AGREEMENTS WITH PROVINCES

12. The Minister may, with the approval of the Governor in Council, enter into agreements with the government of any province or any agency of a province respecting the carrying out of programs related to the Minister’s powers, duties and functions.

DUTIES OF ADDITIONAL MINISTERS

13. Subject to section 5, the Minister for International Trade is to promote the expansion of Canada’s international trade and commerce by

(a) assisting Canadian exporters in their international marketing initiatives and promoting Canadian export sales;

(b) improving the access of Canadian produce, products and services to external markets through trade negotiations;

(c) fostering trade relations with other countries; and

(d) contributing to the improvement of world trading conditions.

14. Subject to section 5, the Minister for International Development is to foster sustainable international development and poverty reduction in developing countries and provide humanitarian assistance during crises by

(a) undertaking activities related to international development and humanitarian assistance;

(b) ensuring the effectiveness of Canada’s international development and humanitarian assistance activities;

(c) fostering relations with other countries and organizations engaged in international development or humanitarian assistance activities; and

(d) ensuring Canada’s contributions to international development and humanitarian assistance are in line with Canadian values and priorities.

HEADS OF MISSIONS

15. (1) In this section, “head of mission” means

(a) an ambassador, high commissioner or consul-general of Canada; or

(b) any other person that is appointed to represent Canada in another country or a portion of another country or at an international organization or diplomatic conference and that is designated head of mission by the Governor in Council.

(2) Except as otherwise instructed by the Governor in Council, a head of mission is to have the management and direction of their mission and its activities and the supervision of the official activities of the various departments and agencies of the Government of Canada in the country or portion of the country or at the international organization to which they are appointed.

TRANSITIONAL PROVISIONS

16. Any person who holds the office of Minister for International Cooperation or of President of the Canadian International Development Agency on the day on which this section comes into force is deemed to hold the office of Minister for International Development or Deputy Minister for International Development, respectively, on and after that day.

17. Nothing in this Act is to be construed as affecting the status of an employee who, immediately before the coming into force of this Act, occupied a position in the Canadian International Development Agency except that the employee, on the coming into force of this section, occupies their position in the Department of Foreign Affairs, Trade and Development under the authority of the Deputy Minister of Foreign Affairs.

18. Any amount appropriated by an Act of Parliament for the fiscal year in which this section comes into force to defray the charges and expenses of the Canadian International Development Agency that is unexpended is deemed to have been appropriated to defray the charges and expenses of the Department of Foreign Affairs, Trade and Development.

19. If, under any Act of Parliament, any instrument made under an Act of Parliament or any order, contract, lease, licence or other document, any power, duty or function is vested in or may be exercised or performed by the Minister for International Cooperation or Minister of International Cooperation, the President of the Canadian International Development Agency or any other employee of that Agency, that power, duty or function is vested in or may be exercised or performed by the Minister for International Development, the Deputy Minister for International Development or the appropriate officer of the Department of Foreign Affairs, Trade and Development, as the case may be.

Consequential Amendments

Access to Information Act

175. Schedule I to the Access to Information Act is amended by striking out the following under the heading “DEPARTMENTS AND MINISTRIES OF STATE”:

Department of Foreign Affairs and International Trade

176. Schedule I to the Act is amended by adding the following in alphabetical order under the heading “DEPARTMENTS AND MINISTRIES OF STATE”:

177. Schedule I to the Act is amended by striking out the following under the heading “OTHER GOVERNMENT INSTITUTIONS”:

Canadian International Development Agency

Financial Administration Act

178. Schedule I to the Financial Administration Act is amended by striking out the following:

Department of Foreign Affairs and International Trade

179. Schedule I to the Act is amended by adding the following in alphabetical order:

180. Schedule I.1 to the Act is amended by striking out, in column I, the reference to

Canadian International Development Agency

and the corresponding reference in column II to “Minister of Foreign Affairs”.

181. Schedule IV to the Act is amended by striking out the following:

Canadian International Development Agency

182. Part I of Schedule VI to the Act is amended by striking out the following:

Department of Foreign Affairs and International Trade

183. Part I of Schedule VI to the Act is amended by adding the following in alphabetical order:

184. Part II of Schedule VI to the Act is amended by striking out, in column I, the reference to

Canadian International Development Agency

and the corresponding reference in column II to “President”.

Privacy Act

185. The schedule to the Privacy Act is amended by striking out the following under the heading “DEPARTMENTS AND MINISTRIES OF STATE”:

Department of Foreign Affairs and International Trade

186. The schedule to the Act is amended by adding the following in alphabetical order under the heading “DEPARTMENTS AND MINISTRIES OF STATE”:

187. The schedule to the Act is amended by striking out the following under the heading “OTHER GOVERNMENT INSTITUTIONS”:

Canadian International Development Agency

Public Sector Compensation Act

188. Schedule I to the Public Sector Compensation Act is amended by striking out the following under the heading “DEPARTMENTS”:

Department of Foreign Affairs and International Trade

189. Schedule I to the Act is amended by adding the following in alphabetical order under the heading “DEPARTMENTS”:

190. Schedule I to the Act is amended by striking out the following under the heading “OTHER PORTIONS OF THE PUBLIC SERVICE”:

Canadian International Development Agency

Federal Real Property and Federal Immovables Act

191. The definition “head of mission” in section 2 of the Federal Real Property and Federal Immovables Act is replaced by the following:

“head of mission”, in relation to real property or an immovable in a country outside Canada, means a person described in subsection 15(1) of the Department of Foreign Affairs, Trade and Development Act who represents Canada in that country;

Conflict of Interest Act

192. Subparagraph (d)(iii) of the definition “public office holder” in subsection 2(1) of the Conflict of Interest Act is replaced by the following:

(iii) a person appointed or employed under the Public Service Employment Act who is a head of mission as defined in subsection 15(1) of the Department of Foreign Affairs, Trade and Development Act,

Official Development Assistance Accountability Act

193. Subsection 5(1) of the Official Development Assistance Accountability Act is amended by adding “and” at the end of paragraph (c), by striking out “and” at the end of paragraph (d) and by repealing paragraph (e).

Federal Sustainable Development Act

194. The schedule to the Federal Sustainable Development Act is amended by striking out the following:

Canadian International Development Agency

Terminology

195. (1) In the following provisions, “Department of Foreign Affairs and International Trade” is replaced by “Department of Foreign Affairs, Trade and Development”:

(a) the long title of the Diplomatic Service (Special) Superannuation Act;

(b) section 26 of the Export and Import Permits Act;

(c) the portion of section 495 of the Jobs, Growth and Long-term Prosperity Act before paragraph (a);

(d) section 14 of the North American Free Trade Agreement Implementation Act.

(2) Unless the context requires otherwise, every reference to the Department of Foreign Affairs and International Trade in any provision of an Act of Parliament other than a provision referred to in subsection (1) is, with any grammatical adaptations, to be read as a reference to the Department of Foreign Affairs, Trade and Development.

196. (1) In the following provisions, “Minister for International Cooperation” and “Minister of International Cooperation” are replaced by “Minister for International Development”:

(a) subsections 144(1) and (2) of the Budget and Economic Statement Implementation Act, 2007;

(b) sections 136 and 137 of the Budget Implementation Act, 2007;

(c) paragraph 110.1(8)(e) of the Income Tax Act;

(d) the definitions “competent minister” and “minister” in section 3 of the Official Development Assistance Accountability Act;

(e) paragraphs 21.03(1)(b) to (d) of the Patent Act and the portion of subsection 21.03(3) of that Act before paragraph (a);

(f) paragraphs 4(2)(r) and 4.1(3)(r) of the Salaries Act.

(2) Unless the context requires otherwise, every reference to the Minister for International Cooperation or the Minister of International Cooperation in any provision of an Act of Parliament other than a provision referred to in subsection (1) is, with any grammatical adaptations, to be read as a reference to the Minister for International Development.

197. Unless the context requires otherwise, every reference to the Canadian International Development Agency in any provision of an Act of Parliament is, with any grammatical adaptations, to be read as a reference to the Department of Foreign Affairs, Trade and Development.

198. In paragraph 110.1(8)(e) of the Income Tax Act, “Minister responsible for the Canadian International Development Agency” is replaced by “Minister of Foreign Affairs”.