Skip to main content

Bill C-32

If you have any questions or comments regarding the accessibility of this publication, please contact us at accessible@parl.gc.ca.

PDF

    exceeds

      (b) the dollar amount, as adjusted annually and referred to in paragraph 117(2)(a), that is used for the calendar year following the base taxation year; and

(3) Paragraphs (a) and (b) of the description of F in subsection 122.61(1) of the Act are replaced by the following:

    (a) only one qualified dependant, $1,155 , and

    (b) two or more qualified dependants, the total of

      (i) $1,155 for the first qualified dependant,

      (ii) $955 for the second qualified dependant, and

      (iii) $880 for each of the third and subsequent qualified dependants,

(4) The descriptions of G and H in subsection 122.61(1) of the Act are replaced by the following:

    G is the amount, if any, by which the person's adjusted income for the year exceeds $21,214 , and

    H is the proportion (expressed as a percent age rounded to the nearest one-tenth of one per cent) that

        (a) the total that would be determined under the description of F in respect of the eligible individual if that description were applied without reference to the fourth and subsequent qualified dependants in respect of whom the person is an eligible individual

      is of

        (b) the amount by which

          (i) the amount referred to in paragraph (b) of the description of B

        exceeds

          (ii) $21,214.

(5) The portion of subsection 122.61(5) of the Act before paragraph (a) is replaced by the following:

Annual adjustment

(5) Each amount expressed in dollars in subsection (1) shall be adjusted so that, where the base taxation year in relation to a particular month is after 1998 , the amount to be used under that subsection for the month is the total of

(6) The formula in subparagraph 122.61(5)(b)(ii) of the Act is replaced by the following:

(A/B) - 1

(7) The description of A in subparagraph 122.61(5)(b)(ii) of the Act is replaced by the following:

    A is the Consumer Price Index (within the meaning assigned by subsection 117.1(4)) for the 12-month period that ended on September 30 of the base taxation year, and

(8) Section 122.61 of the Act is amended by adding the following after subsection (5):

Adjustment to certain amounts

(6) For the purpose of subsection (5), the amount of $1,090, and the amounts in respect of the amounts of $213 and $75, referred to in subsection (1), that are used for the purpose of determining the amount deemed to be an overpayment arising during particular months that are

    (a) after June 2000 and before July 2001, are deemed to be $1,104, $219 and $77, respectively;

    (b) after June 2001 and before July 2002, shall be equal to the greater of the amounts deemed under paragraph (a) to be an overpayment arising during the months referred to in that paragraph and the amounts that would otherwise be determined for those particular months if this Act were read without reference to this subsection; and

    (c) after June 2002, shall be computed without reference to paragraphs (a) and (b).

Exception

(6.1) Where section 122.63 applies for the purpose of calculating an overpayment deemed under subsection (1) to arise during a month referred to in paragraph (6)(a) or (b) on account of a person's tax liability, the amount determined under subparagraph (5)(b)(ii) in respect of the person for the month is deemed to be

    (a) zero, where the month is referred to

      (i) in paragraph (6)(a), or

      (ii) in paragraph (6)(b) and the amount otherwise determined under subparagraph (5)(b)(ii) is less than 0.014; and

    (b) 1090/1104 of the amount otherwise determined under that subparagraph, in any other case.

(9) Subsections (1) to (8) apply with respect to overpayments deemed to arise during months that are after June 2000 except that, with respect to overpayments deemed to arise during months that are after June 2000 and before July 2001, the references to ``$1,155'', ``$955'' and ``$880'' in paragraphs (a) and (b) of the description of F in subsection 122.61(1) of the Act, as enacted by subsection (3), shall be read as references to ``$977'', ``$771'' and ``$694'', respectively.

41. (1) Paragraph 206(2)(b) of the Act is replaced by the following:

    (b) 30% of the total of all amounts each of which is the cost amount of a property to the taxpayer, and

(2) Subsection (1) applies to months that end after 1999, except that for months in 2000 the reference to ``30%'' in paragraph 206(2)(b) of the Act, as enacted by subsection (1), shall be read as ``25%''.

PART 7

AMENDMENTS TO OTHER ACTS

R.S., c. L-2

Canada Labour Code

1993, c. 42, s. 26

42. Section 206.1 of the Canada Labour Code is replaced by the following:

Entitlement to leave

206.1 (1) Subject to subsections (2) and (3) , every employee who has completed six consecutive months of continuous employment with an employer is entitled to and shall be granted a leave of absence from employment of up to thirty-seven weeks to care for a new-born child of the employee or a child who is in the care of the employee for the purpose of adoption under the laws governing adoption in the province in which the employee resides.

Period in which leave may be taken

(2) The leave of absence may only be taken during the fifty-two week period beginning on the day on which the child is born or comes into the care of the employee.

Aggregate leave - two employees

(3) The aggregate amount of leave that may be taken by two employees under this section in respect of the same birth or adoption shall not exceed thirty-seven weeks.

Aggregate leave - maternity and parental

206.2 The aggregate amount of leave that may be taken by one or two employees under sections 206 and 206.1 in respect of the same birth shall not exceed fifty-two weeks.

Conditional amendment - Bill C-23

43. If Bill C-23, introduced in the 2nd Session of the 36th Parliament and entitled the Modernization of Benefits and Obligations Act (the ``other Act''), receives royal assent, then on the later of the coming into force of section 107 of the other Act and the coming into force of section 42 of this Act, section 206.1 of the Canada Labour Code is replaced by the following:

Entitlement to leave

206.1 (1) Subject to subsections (2) and (3), every employee who has completed six consecutive months of continuous employment with an employer is entitled to and shall be granted a leave of absence from employment of up to thirty-seven weeks to care for

    (a) a new-born child of the employee;

    (b) a child who is in the care of the employee for the purpose of adoption under the laws governing adoption in the province in which the employee resides; or

    (c) a child with respect to whom the employee meets the requirements of paragraph 23(1)(c) of the Employment Insurance Act.

Period in which leave may be taken

(2) The leave of absence may only be taken during the fifty-two week period beginning on the day on which

    (a) the child is born or comes into the care of the employee, in the case of paragraph (1)(a) or (b); or

    (b) the requirements referred to in paragraph (1)(c) are met, in the case of a situation described in that paragraph.

Aggregate leave - two employees

(3) The aggregate amount of leave that may be taken by two employees under this section in respect of the same event, as described in paragraphs (1)(a) to (c), shall not exceed thirty-seven weeks.

Coming into force

44. Section 42 comes into force on December 31, 2000.

R.S., c. C-8

Canada Pension Plan

45. Section 110 of the Canada Pension Plan is amended by adding the following after subsection (6.3):

Redemption at request of province

(6.4) Despite subsections (6.2) and (6.3), the Minister of Finance shall redeem a security in whole or in part before maturity if

    (a) the Minister of Finance is requested to do so, in writing, by the appropriate provincial Minister of a province at least 30 days before the proposed redemption date; and

    (b) the appropriate provincial Minister has agreed to pay on the redemption date

      (i) any payments of principal or interest due on or before the redemption date but not yet paid,

      (ii) interest on the principal amount being redeemed accrued to the date of redemption, and

      (iii) an amount equal to the present value of the remaining instalments of principal being redeemed and interest on that principal.

Calculation of present value

(6.5) For the purposes of subparagraph (6.4)(b)(iii), the present value shall be calculated by discounting the instalments of principal being redeemed and interest on that principal using an interest rate fixed by the Minister of Finance. In fixing that rate, the Minister of Finance shall choose a rate that

    (a) if the security to be redeemed was issued before January 1, 1998, is substantially the same as the rate the Government of Canada would be required to pay if it were to borrow the principal amount being redeemed for a term equal to the remaining term of the security to be redeemed through the issuance of a security on the public capital market; or

    (b) if the security to be redeemed was issued after January 1, 1998, is substantially the same as the rate the province would be required to pay if it were to borrow the principal amount being redeemed for a term equal to the remaining term of the security to be redeemed through the issuance of a security on the public market.

Subsection 114(2) does not apply

46. (1) Subsection 114(2) of the Canada Pension Plan does not apply in respect of the amendments to that Act contained in this Act.

Coming into force

(2) Section 45 comes into force, in accordance with subsection 114(4) of the Canada Pension Plan, on a day to be fixed by order of the Governor in Council.

R.S., c. S-15

Special Import Measures Act

47. The Special Import Measures Act is amended by adding the following after section 97:

ORDERS

Orders suspending application

98. (1) The Governor in Council may, for the purpose of ensuring that this Act complies with the Subsidies Agreement, by order, modify or suspend the application of any provision, in whole or in part, of this Act with respect to any country.

Period of order

(2) Unless revoked, an order made under subsection (1) has effect for the period specified in the order.

Previous Page Table of Contents Next Page