;

Bill C-10

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1992, c. 56

Green Shield Canada Act

2001, c. 9, s. 343(1)

281. Paragraph 17(1)(i) of the Green Shield Canada Act is replaced by the following:

(i) Part XI, except sections 528.1 to 528.3, Parts XV and XVI, Part XVIII, except section 1016.7, and Part XIX.

1991, c. 47

Insurance Companies Act

282. Paragraph 440(2)(c) of the French version of the Insurance Companies Act is replaced by the following:

c) émettre des cartes de paiement, de crédit ou de débit et, conjointement avec d’autres établissements, y compris les institutions financières, exploiter un système de telles cartes.

283. The Act is amended by adding the following after section 469:

Restriction on charges to borrowers

469.1 (1) Subject to any regulations made under subsection (2), a company that has obtained insurance or a guarantee against default on a loan made in Canada on the security of residential property shall not charge a borrower an amount for the insurance or guarantee that exceeds the actual cost to the company of the insurance or guarantee.

Regulations

(2) The Governor in Council may make regulations

(a) respecting the determination of the actual cost to a company for the purposes of subsection (1);

(b) respecting the circumstances in which a company is exempt from the application of subsection (1);

(c) respecting, in relation to insurance or a guarantee against default on a loan made by a company in Canada on the security of residential property,

(i) the arrangements into which the company, its representatives and its employees may or may not enter, and

(ii) the payments or benefits that the company, its representatives and its employees may or may not accept from an insurer or the insurer’s affiliates; and

(d) respecting any other matters necessary to carry out the purposes of subsection (1).

Regulations — disclosure

(3) The Governor in Council may make regulations respecting the disclosure by a company of information relating to insurance or a guarantee against default on a loan made by the company in Canada on the security of residential property, including regulations respecting

(a) the information that must be disclosed, including information relating to

(i) the person who benefits from the insurance or guarantee,

(ii) the arrangements between the company, its representatives or its employees and the insurer or the insurer’s affiliates, and

(iii) the payments and benefits that the company, its representatives and its employees accept from an insurer or the insurer’s affiliates;

(b) the time, place and manner in which and the persons to whom information is to be disclosed; and

284. The Act is amended by adding the following after section 488:

Regulations — activities

488.1 The Governor in Council may make regulations respecting any matters involving a company’s dealings, or its employees’ or representatives’ dealings, with customers or the public, including

(a) what a company may or may not do in carrying out any of the activities in which it is permitted to engage, or in providing any of the services that it may provide, under section 440 and any ancillary, related or incidental activities or services; and

(b) the time, place and manner in which any of those activities are to be carried out or any of those services are to be provided.

285. The Act is amended by adding the following after section 542.06:

Restriction on charges to borrowers

542.061 (1) Subject to any regulations made under subsection (2), a society that has obtained insurance or a guarantee against default on a loan made in Canada on the security of residential property shall not charge a borrower an amount for the insurance or guarantee that exceeds the actual cost to the society of the insurance or guarantee.

Regulations

(2) The Governor in Council may make regulations

(a) respecting the determination of the actual cost to a society for the purposes of subsection (1);

(b) respecting the circumstances in which a society is exempt from the application of subsection (1);

(c) respecting, in relation to insurance or a guarantee against default on a loan made by a society in Canada on the security of residential property,

(i) the arrangements into which the society, its representatives and its employees may or may not enter, and

(ii) the payments or benefits that the society, its representatives and its employees may or may not accept from an insurer or the insurer’s affiliates; and

(d) respecting any other matters necessary to carry out the purposes of subsection (1).

Regulations — disclosure

(3) The Governor in Council may make regulations respecting the disclosure by a society of information relating to insurance or a guarantee against default on a loan made by the society in Canada on the security of residential property, including regulations respecting

(a) the information that must be disclosed, including information relating to

(i) the person who benefits from the insurance or guarantee,

(ii) the arrangements between the society, its representatives or its employees and the insurer or the insurer’s affiliates, and

(iii) the payments and benefits that the society, its representatives and its employees accept from an insurer or the insurer’s affiliates;

(b) the time, place and manner in which and the persons to whom information is to be disclosed; and

286. The Act is amended by adding the following after section 606:

Regulations — activities

606.1 The Governor in Council may make regulations respecting any matters involving a foreign company’s dealings, or its employees’ or representatives’ dealings, with customers or the public, including

(a) what a foreign company may or may not do in carrying out any of the activities in which it is permitted to engage, or in providing any of the services that it may provide, under this Act and any ancillary, related or incidental activities or services; and

(b) the time, place and manner in which any of those activities are to be carried out or any of those services are to be provided.

287. The Act is amended by adding the following after section 1016.6:

Orders to Exempt or Adapt

Order

1016.7 (1) On the recommendation of the Minister, the Governor in Council may, by order,

(a) provide that any provision of this Act or the regulations shall not apply to a company, to Her Majesty in right of Canada or an agent or agency of Her Majesty or to any other person otherwise subject to the provision; and

(b) provide that any provision of this Act or the regulations applies to a company, to Her Majesty in right of Canada or Her Majesty’s agent or agency or to any other person subject to the provision only in the manner and to the extent provided for in the order, and adapt the provision for the purposes of that application.

Minister’s recommendation

(2) The Minister may make a recommendation under subsection (1) only if the Minister

(a) is of the opinion that the order would relate to

(i) the acquisition, holding, sale or other disposition of, or other dealing with, shares of a company by, or the transfer or issue of shares of a company to, Her Majesty in right of Canada or Her Majesty’s agent or agency, or

(ii) the management of the business and affairs or the regulation and supervision of a company during the time that Her Majesty or Her Majesty’s agent or agency is acquiring, holding, selling or otherwise disposing of, or otherwise dealing with, shares of the company, or during the time that shares of the company are transferred or issued to Her Majesty or Her Majesty’s agent or agency; and

(b) is of the opinion — after considering measures other than an order under that subsection and after consulting with the Superintendent, the Governor of the Bank of Canada and the Chairperson of the Canada Deposit Insurance Corporation — that the order will promote the stability of the financial system in Canada.

Terms and conditions

(3) On the recommendation of the Minister, the Governor in Council may, by order, impose any terms and conditions relating to the acquisition of shares of a company by, or transfer or issue of shares of a company to, Her Majesty in right of Canada or Her Majesty’s agent or agency.

Repeal of order under subsection (1)

(4) The Minister may recommend the repeal of an order made under subsection (1) without regard to subsection (2).

Terms, conditions and undertakings

(5) From the time that Her Majesty in right of Canada or an agent or agency of Her Majesty acquires shares of a company to the time that the shares are sold or otherwise disposed of, the Minister may, by order, impose any terms and conditions on — or require any undertaking from — the company that the Minister considers appropriate, including any terms and conditions or undertakings relating to

(a) the remuneration of the company’s senior officers, as defined in section 678.01, and directors;

(b) the appointment or removal of the company’s senior officers, as defined in section 678.01, and directors;

(d) the company’s lending policies and practices.

Acquisition

(6) Despite Part X of the Financial Administration Act, the Minister or an agent or agency of Her Majesty in right of Canada may, on any terms and conditions imposed under subsection (3), acquire and hold shares of a company on behalf of or in trust for Her Majesty if, as a result of an order under subsection (1), the company may record in its securities register the transfer or issue of shares to Her Majesty or an agent or agency of Her Majesty.

Payment out of C.R.F.

(7) On the requisition of the Minister, there may be paid out of the Consolidated Revenue Fund the amount that the Minister or an agent or agency of Her Majesty in right of Canada is required to pay for the acquisition of shares under subsection (6) and any costs and expenses incurred in connection with the acquisition, holding, sale or other disposition of, or other dealing with, the shares.

Registration of shares

(8) Shares acquired under subsection (6) by the Minister or an agent or agency of Her Majesty in right of Canada shall be registered in the name of the Minister, agent or agency, as the case may be, in the company’s securities register if they are capable of being registered in it, and the shares shall be held by the Minister, agent or agency, as the case may be, on behalf of or in trust for Her Majesty.

Disposition by Minister

(9) The Minister may, at any time, sell or otherwise dispose of shares acquired under subsection (6). The Surplus Crown Assets Act and section 61 of the Financial Administration Act do not apply to the sale or disposition.

Disposition by agent or agency

(10) An agent or agency of Her Majesty in right of Canada — at the request of the Minister, which may be made at any time — shall sell or otherwise dispose of shares acquired under subsection (6). The Surplus Crown Assets Act and section 61 of the Financial Administration Act do not apply to the sale or disposition.

Consideration by Minister

(11) If the Minister or an agent or agency of Her Majesty in right of Canada is holding shares of a company on behalf of or in trust for Her Majesty on the day that is two years after the day on which the shares were acquired, the Minister shall consider whether holding the shares continues to promote the stability of the financial system in Canada.

Mandatory disposition

(12) If the Minister, under subsection (11), considers that holding shares acquired under subsection (6) no longer continues to promote the stability of the financial system in Canada, the Minister — or, at the request of the Minister, the agent or agency of Her Majesty in right of Canada — shall take the measures that the Minister considers practicable in the circumstances to sell or otherwise dispose of the shares. The Surplus Crown Assets Act and section 61 of the Financial Administration Act do not apply to the sale or disposition.

Not a Crown corporation

(13) Even if the acquisition of a company’s shares under subsection (6) would otherwise cause the company to be a Crown corporation, as defined in subsection 83(1) of the Financial Administration Act, the company is not a Crown corporation for the purposes of that Act.

Statutory Instruments Act

(14) The Statutory Instruments Act does not apply to an order made under this section.

Definition of “shares”

(15) For the purposes of this section, “shares” includes

(a) any conversion or exchange privilege, option or right to acquire shares; and

(b) in reference to a company, participating shares, as defined in section 83.01.

Insurance holding company

(16) For the purposes of this section other than paragraph (15)(b), a reference to a “company” includes a reference to an “insurance holding company”, and the references to “section 678.01” in paragraphs (5)(a) and (b) are to be read, in relation to an insurance holding company, as references to “section 1005”.

1991, c. 45

Trust and Loan Companies Act

288. Section 37 of the Trust and Loan Companies Act is amended by adding the following after subsection (2):

Non-application

(2.1) Paragraph (2)(a) does not apply to a company if the body corporate continued as the company was, at any time before the coming into force of this subsection, engaged in any personal property leasing activity in which a financial leasing entity, as defined in subsection 449(1), is not permitted to engage.

289. Paragraph 409(2)(d) of the French version of the Act is replaced by the following:

d) émettre des cartes de paiement, de crédit ou de débit et, conjointement avec d’autres établissements, y compris les institutions financières, exploiter un système de telles cartes.

290. The Act is amended by adding the following after section 418:

Restriction on charges to borrowers

418.1 (1) Subject to any regulations made under subsection (2), a company that has obtained insurance or a guarantee against default on a loan made in Canada on the security of residential property shall not charge a borrower an amount for the insurance or guarantee that exceeds the actual cost to the company of the insurance or guarantee.

Regulations

(2) The Governor in Council may make regulations

(a) respecting the determination of the actual cost to a company for the purposes of subsection (1);

(b) respecting the circumstances in which a company is exempt from the application of subsection (1);

(c) respecting, in relation to insurance or a guarantee against default on a loan made by a company in Canada on the security of residential property,

(i) the arrangements into which the company, its representatives and its employees may or may not enter, and

(ii) the payments or benefits that the company, its representatives and its employees may or may not accept from an insurer or the insurer’s affiliates; and

(d) respecting any other matters necessary to carry out the purposes of subsection (1).

Regulations — disclosure

(a) the information that must be disclosed, including information relating to

(i) the person who benefits from the insurance or guarantee,

(ii) the arrangements between the company, its representatives or its employees and the insurer or the insurer’s affiliates, and

(iii) the payments and benefits that the company, its representatives and its employees accept from an insurer or the insurer’s affiliates;

(b) the time, place and manner in which and the persons to whom information is to be disclosed; and

291. The Act is amended by adding the following after section 443.1:

Regulations — activities

443.2 The Governor in Council may make regulations respecting any matters involving a company’s dealings, or its employees’ or representatives’ dealings, with customers or the public, including

(a) what a company may or may not do in carrying out any of the activities in which it is permitted to engage, or in providing any of the services that it may provide, under section 409 and any ancillary, related or incidental activities or services; and

(b) the time, place and manner in which any of those activities are to be carried out or any of those services are to be provided.

292. The Act is amended by adding the following after section 527.8:

Orders to Exempt or Adapt

Order

527.9 (1) On the recommendation of the Minister, the Governor in Council may, by order,

Minister’s recommendation

(2) The Minister may make a recommendation under subsection (1) only if the Minister

(a) is of the opinion that the order would relate to

Terms and conditions

Repeal of order under subsection (1)

(4) The Minister may recommend the repeal of an order made under subsection (1) without regard to subsection (2).

Terms, conditions and undertakings

(a) the remuneration of the company’s senior officers, as defined in section 509.01, and directors;

(b) the appointment or removal of the company’s senior officers, as defined in section 509.01, and directors;

(d) the company’s lending policies and practices.

Acquisition

Payment out of C.R.F.

Registration of shares

Disposition by Minister

Disposition by agent or agency

Consideration by Minister

Mandatory disposition

Not a Crown corporation

Statutory Instruments Act

(14) The Statutory Instruments Act does not apply to an order made under this section.

Definition of “shares”

(15) For the purposes of this section, “shares” includes any conversion or exchange privilege, option or right to acquire shares.

Coordinating Amendment

2005, c. 54

293. On the first day on which both subsection 213(3) of An Act to amend certain Acts in relation to financial institutions, chapter 54 of the Statutes of Canada, 2005, and section 281 of this Act are in force, paragraph 17(1)(i) of the Green Shield Canada Act is replaced by the following:

(i) Part XI, except sections 528.1 to 528.3, Parts XV and XVI, Part XVIII, except section 1016.7, and Parts XIX and XX.

Coming into Force

Order in council

294. Sections 270, 273, 277, 280, 283, 285, and 290 come into force on a day or days to be fixed by order of the Governor in Council.

Division 7

Securities

Securities Regulation

Maximum payment of $150,000,000

295. (1) The Minister of Finance may make direct payments, in an aggregate amount not exceeding $150,000,000, to provinces and territories for matters relating to the establishment of a Canadian securities regulation regime and a Canadian regulatory authority.

Payments out of C.R.F.

(2) Any amount payable under this section may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister of Finance, at the times and in the manner, and on any terms and conditions, that the Minister of Finance considers appropriate.

Agreements

296. The Minister of Finance may enter into any agreement respecting securities regulation with any province or territory.

Canadian Securities Regulation Regime Transition Office Act

Enactment of Act

297. The Canadian Securities Regulation Regime Transition Office Act is enacted as follows:

An Act to establish the Canadian Securities Regulation Regime Transition Office

SHORT TITLE

Short title

1. This Act may be cited as the Canadian Securities Regulation Regime Transition Office Act.

INTERPRETATION

Definitions

2. The following definitions apply in this Act.

“Advisory Committee”
« comité consultatif »

“Advisory Committee” means the advisory committee of participating provinces and territories established under section 5.

“Minister”
« ministre »

“Minister” means the Minister of Finance.

“participating province or territory”
« province ou territoire participant »

“participating province or territory” means any province or territory that informs the Minister of its willingness to participate in the establishment of a Canadian securities regulation regime and a Canadian regulatory authority.

“Transition Office”
« Bureau de transition »

“Transition Office” means the Canadian Securities Regulation Regime Transition Office established under section 3.

ESTABLISHMENT

Transition Office

3. (1) The Canadian Securities Regulation Regime Transition Office is established.

Status

(2) The Transition Office is not an agent of Her Majesty nor is it an entity governed by the Financial Administration Act, and its president, officers, employees, agents and mandataries, advisers and experts and the members of the Advisory Committee are not part of the federal public administration.

President

4. (1) The Governor in Council shall, on the recommendation of the Minister, appoint a president, or two co-presidents acting jointly, of the Transition Office, to hold office during pleasure.

Powers, duties and functions

(2) The president is the chief executive officer of the Transition Office and has control and supervision over the work, officers and employees of that office.

Acting president

(3) In the event of the absence or incapacity of the president or a vacancy in that office, the Minister may designate a person to act as president, which person may not act for a period exceeding 90 days without the Governor in Council’s approval.

Acting co-president

(4) In the event of the absence or incapacity of a co-president or a vacancy in that office, the Minister may designate a person to act as co-president, which person may not act for a period exceeding 90 days without the Governor in Council’s approval. The other co-president may act alone until another co-president is designated or appointed.

Interpretation

(5) In this Act, other than in subsections (1) and (3), “president” includes two co-presidents who hold office, or a co-president who acts alone under subsection (4), as the case may be.

Advisory Committee

5. (1) An advisory committee of participating provinces and territories is established within the Transition Office and consists of not more than 13 members.

Members

(2) The Governor in Council shall appoint, on the recommendation of the Minister, a member for each participating province and territory, from persons nominated by that province or territory, to hold office during pleasure.

Role

(3) The Advisory Committee’s role is to provide the president with advice on matters related to the Transition Office’s purpose.

Staff

6. The Transition Office may employ any officers and employees and engage the services of any agents and mandataries, advisers and experts that it considers necessary to carry out its purpose.

Conditions of employment — president and members

7. (1) The Governor in Council, on the recommendation of the Minister, shall determine the remuneration and allowances to be paid to the president and members of the Advisory Committee and any other conditions of their employment.

Conditions of employment — staff

(2) The Transition Office shall determine the remuneration and allowances to be paid to its officers, employees, agents and mandataries, advisers and experts and any other conditions of their employment or engagement, as the case may be.

Remuneration

(3) The Transition Office shall pay the remuneration and allowances determined under subsections (1) and (2).

Conflict of interest — president and members

8. (1) The president and the members of the Advisory Committee shall not accept or hold any office or employment, or carry on any activity, that, in the Minister’s opinion, is inconsistent with the performance of their duties.

Conflict of interest — officers and employees

(2) The officers and employees of the Transition Office shall not accept or hold any office or employment, or carry on any activity, that, in the president’s opinion, is inconsistent with the performance of their duties.

Immunity

9. No criminal or civil proceedings lie against the president, a member of the Advisory Committee or an officer or employee of the Transition Office for anything done or omitted to be done by that person in good faith under this Act.

PURPOSE AND POWERS

Purpose

10. The purpose of the Transition Office is to assist in the establishment of a Canadian securities regulation regime and a Canadian regulatory authority.

Duties

11. (1) In carrying out its purpose, the Transition Office shall

(a) develop a transition plan with respect to administrative and organizational matters, including those relating to human, financial, material and informational resources;

(b) consult with stakeholders, including Canadian capital market participants; and

Copy

(2) The Transition Office shall provide the Minister and each participating province and territory with a copy of the transition plan no later than one year after the day on which section 3 comes into force.

Capacity and powers

12. In order to carry out its purpose, the Transition Office has the capacity and the rights, powers and privileges of a natural person and, in particular, it may

(a) initiate, finance and administer programs and activities;

(b) expend any money it receives for its activities, subject to any terms and conditions on which it is provided;

(d) with the Minister’s approval, enter into any agreement with the government of a province or territory that the president considers necessary or advisable.

Information

13. The Transition Office shall inform the Minister regularly of its activities and its progress in carrying out its purpose.

FINANCIAL PROVISIONS

Maximum payment of $33,000,000

14. (1) The Minister may make direct payments, in an aggregate amount not exceeding $33,000,000, to the Transition Office for its use.

Payments out of C.R.F.

(2) Any amount payable under this section may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister, at the times and in the manner, and on any terms and conditions, that the Minister considers appropriate.

Audit

15. The accounts and financial transactions of the Transition Office shall be audited annually by the Auditor General of Canada, and a report of the audit shall be made to the Transition Office and the Minister.

ANNUAL REPORT

Submission to Minister

16. (1) The president shall, within four months after the end of each fiscal year, submit a report of all of the Transition Office’s activities for that fiscal year, including its financial statements and the report referred to in section 15, to the Minister.

Tabling report

(2) The Minister shall cause a copy of the report to be tabled in each House of Parliament on any of the first 15 days on which that House is sitting after the Minister receives the report.

Report available to public

(3) After the report is tabled in Parliament, the Transition Office shall make it available to the public.

DISSOLUTION

Date of dissolution

17. (1) The Transition Office is dissolved three years after the day on which section 3 comes into force.

Change in date of dissolution

(2) Despite subsection (1), the Governor in Council may, by order and on the recommendation of the Minister, set a different date of dissolution, and that date is to be no later than four years after the day on which section 3 comes into force. The order shall be published in the Canada Gazette at least three months before the date of dissolution referred to in the order or if it is earlier, the date determined under subsection (1).

Statutory Instruments Act

(3) The Statutory Instruments Act does not apply to an order made under subsection (2).

Assets transferred

(4) On the Transition Office’s dissolution, any of its property that remains after the payment of its debts and liabilities, or after the making of adequate provision for the payment of its debts and liabilities, shall be transferred to Her Majesty in right of Canada or to any body that the Governor in Council may specify.

Transitional Provision

Initial annual report

298. If section 297 comes into force less than three months before the end of a fiscal year, the president shall submit the first report required under section 16 of the Canadian Securities Regulation Regime Transition Office Act no later than four months after the end of the following fiscal year, and that report shall cover the period starting on the day on which section 297 comes into force and ending on the last day of that following fiscal year.

Coming into Force

Order in council

299. Section 297 comes into force on a day to be fixed by order of the Governor in Council.

PART 6

PAYMENTS

Infrastructure Stimulus Fund

Maximum payment of $2,000,000,000

300. There may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister of Transport, in accordance with terms and conditions approved by the Treasury Board, a sum not exceeding two billion dollars to provide funding for infrastructure projects primarily related to infrastructure rehabilitation.

Provincial-Territorial Infrastructure Base Funding Program

Maximum payment of $495,000,000

301. There may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister of Transport, in accordance with terms and conditions approved by the Treasury Board, a sum not exceeding four hundred and ninety-five million dollars to provide payments to provinces and territories under the Provincial-Territorial Infrastructure Base Funding Program for infrastructure projects.

Communities Component of the Building Canada Fund

Maximum payment of $250,000,000

302. There may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister of Transport, in accordance with terms and conditions approved by the Treasury Board, a sum not exceeding two hundred and fifty million dollars to provide funding for infrastructure projects in communities that have a population of less than 100,000.

Green Infrastructure Fund

Maximum payment of $200,000,000

303. There may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister of Transport, in accordance with terms and conditions approved by the Treasury Board, a sum not exceeding two hundred million dollars to support infrastructure projects that promote a clean environment.

Community Adjustment Fund

Maximum payment of $51,000,000

304. There may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister of State (Atlantic Canada Opportunities Agency), in accordance with terms and conditions approved by the Treasury Board, a sum not exceeding fifty-one million dollars to foster economic development, science and technology initiatives and other measures to promote economic diversification in communities in Atlantic Canada.

Maximum payment of $106,000,000

305. There may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister of State (Economic Development Agency of Canada for the Regions of Quebec), in accordance with terms and conditions approved by the Treasury Board, a sum not exceeding one hundred and six million dollars to foster economic development, science and technology initiatives and other measures to promote economic diversification in communities in the regions of Quebec.

Maximum payment of $175,000,000

306. There may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister of Industry, in accordance with terms and conditions approved by the Treasury Board, a sum not exceeding one hundred and seventy-five million dollars to foster economic development, science and technology initiatives and other measures to promote economic diversification in communities in Ontario.

Maximum payment of $17,000,000

307. There may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister of Indian Affairs and Northern Development, in accordance with terms and conditions approved by the Treasury Board, a sum not exceeding seventeen million dollars to foster economic development, science and technology initiatives and other measures to promote economic diversification in communities in the territories.

Maximum payment of $154,000,000

308. There may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister of State (Western Economic Diversification), in accordance with terms and conditions approved by the Treasury Board, a sum not exceeding one hundred and fifty-four million dollars to foster economic development, science and technology initiatives and other measures to promote economic diversification in communities in Western Canada.

Improving Infrastructure at Universities and Colleges

Maximum payment of $1,000,000,000

309. There may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister of Industry, in accordance with terms and conditions approved by the Treasury Board, a sum not exceeding one billion dollars to accelerate repairs and maintenance at post-secondary institutions.

First Nations Housing

Maximum payment of $75,000,000

310. There may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister of Indian Affairs and Northern Development, in accordance with terms and conditions approved by the Treasury Board, a sum not exceeding seventy-five million dollars to support on-reserve housing.

Maximum payment of $125,000,000

311. 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 one hundred and twenty-five million dollars to the Canada Mortgage and Housing Corporation to support on-reserve housing.

Renovation and Retrofit of Social Housing

Maximum payment of $500,000,000

312. 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 five hundred million dollars to the Canada Mortgage and Housing Corporation to provide funding to the provinces and territories to address the backlog in demand for renovation and energy retrofits of social housing.

Housing for Low-income Seniors

Maximum payment of $200,000,000

313. 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 two hundred million dollars to the Canada Mortgage and Housing Corporation to provide funding to the provinces and territories through the Affordable Housing Initiative for the construction of housing units for low-income seniors.

Housing for Persons with Disabilities

Maximum payment of $25,000,000

314. 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 twenty-five million dollars to the Canada Mortgage and Housing Corporation to provide funding to the provinces and territories through the Affordable Housing Initiative for the construction of housing units for persons with disabilities.

Northern Housing

Maximum payment of $100,000,000

315. 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 one hundred million dollars to the Canada Mortgage and Housing Corporation to provide funding to the territories for the renovation and construction of social housing units.

Canada Health Infoway Inc.

Maximum payment of $500,000,000

316. There may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister of Health, a sum not exceeding five hundred million dollars to Canada Health Infoway Inc. for the development of electronic health records and related systems.

PART 7

R.S., c. N-22

NAVIGABLE WATERS PROTECTION ACT

Amendments to the Act

317. Section 2 of the Navigable Waters Protection Act is amended by adding the following in alphabetical order:

“ferry cable”
« câble de traille »

“ferry cable” includes any ferry cable, rod, chain or other device put across, over, in or under any navigable water for working a ferry;

“vessel”
« bateau »

“vessel” includes every description of ship, boat or craft of any kind, without regard to method or lack of propulsion and to whether it is used as a sea-going vessel or on inland waters only, including everything forming part of its machinery, tackle, equipment, cargo, stores or ballast;

“work”
« ouvrage »

“work” includes

(a) any man-made structure, device or thing, whether temporary or permanent, that may interfere with navigation; and

(b) any dumping of fill in any navigable water, or any excavation of materials from the bed of any navigable water, that may interfere with navigation.

318. The Act is amended by adding the following after section 2:

HER MAJESTY

Binding on Her Majesty

2.1 This Act is binding on Her Majesty in right of Canada or a province.

319. The heading of Part I of the Act is replaced by the following:

APPROVAL OF WORKS

320. (1) The definition “work” in section 3 of the Act is repealed.

(2) Section 3 of the Act is renumbered as subsection 3(1) and is amended by adding the following:

Related works

(2) If the Minister considers that two or more works are related, the Minister may, for the purposes of this Part, deem them to be a single work.

321. Sections 4 and 5 of the Act are replaced by the following:

Application — works under Acts or orders

4. (1) Except for this section and the provisions of this Part that relate to rebuilding, repairing or altering any lawful work, nothing in this Part applies to any work constructed under the authority of

(a) an Act of Parliament or an order of the Governor in Council, if the work was constructed before the coming into force of this subsection;

(b) an Act of the legislature of a province or an order of the lieutenant governor in council of a province, if the work was constructed before the coming into force of this subsection;

(d) Her Majesty in respect of such a colony.

Application — works owned or transferred

(2) Except for this section and the provisions of this Part that relate to rebuilding, repairing or altering any lawful work, nothing in this Part applies to

(a) works that are owned by Her Majesty in right of Canada or a province on the day on which this subsection comes into force; or

(b) works whose ownership was transferred before the day on which this subsection comes into force to another person by Her Majesty in right of Canada or a province or in respect of a colony of Great Britain of which at least some portion now forms part of Canada.

Ministerial order

(3) The Minister may order an owner of a work referred to in subsection (1) or (2) to alter or remove the work or to comply with any terms and conditions that the Minister, as he or she considers appropriate, may impose if the Minister is satisfied that

(a) the work has become a danger to or an interference with navigation by reason of the passage of time and changing conditions in navigation of the navigable waters concerned; or

(b) the alteration or removal or the terms and conditions are in the public interest.

Minister’s powers

(4) If the owner of the work fails to comply with an order given under subsection (3), the Minister may remove and destroy the work and sell, give away or otherwise dispose of the materials contained in the work.

Costs of removal, destruction or disposal

(5) If the Minister removes, destroys or disposes of a work under subsection (4), the costs of and incidental to the removal, destruction or disposal, after deducting any sum that may be realized by sale or otherwise, are recoverable with costs in the name of Her Majesty in right of Canada from the owner.

General

Approval of works

5. (1) No work shall be built or placed in, on, over, under, through or across any navigable water without the Minister’s prior approval of the work, its site and the plans for it.

Terms and conditions — substantial interference

(2) If the Minister considers that the work would substantially interfere with navigation, the Minister may impose any terms and conditions on the approval that the Minister considers appropriate, including requiring that construction of the work be started within six months and finished within three years of the day on which approval is granted or within any other period that the Minister may fix.

Terms and conditions — other interference

(3) If the Minister considers that the work would interfere, other than substantially, with navigation, the Minister may impose any terms and conditions on the approval that the Minister considers appropriate, including requiring that construction of the work be started and finished within the period fixed by the Minister.

Extension of period

(4) The Minister may, at any time, extend the period by changing the day on which construction of the work shall be started or finished.

Compliance with plans, regulations and terms and conditions

(5) The work shall be built, placed, maintained, operated, used and removed in accordance with the plans and the regulations and with the terms and conditions in the approval.

Classes of works and navigable waters

5.1 (1) Despite section 5, a work may be built or placed in, on, over, under, through or across any navigable water without meeting the requirements of that section if the work falls within a class of works, or the navigable water falls within a class of navigable waters, established by regulation or under section 13.

Compliance

(2) The work shall be built, placed, maintained, operated, used and removed in accordance with the regulations or with the terms and conditions imposed under section 13.

Non-application

(3) Sections 6 to 11.1 do not apply to works referred to in subsection (1) unless there is a contravention of subsection (2).

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

Ministerial orders respecting unauthorized works

6. (1) If any work to which this Part applies is built or placed without having been approved under this Act, is built or placed on a site not approved under this Act, is not built or placed in accordance with the approved plans and terms and conditions and with the regulations or, having been built or placed as approved, is not maintained, operated, used or removed in accordance with those plans, those terms and conditions and the regulations, the Minister may

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

(3) Subsection 6(4) of the Act is replaced by the following:

Approval after construction started

(4) The Minister may, subject to deposit and notice as in the case of a proposed work, approve a work, its site and the plans for it and impose any terms and conditions on the approval that the Minister considers appropriate after the start of its construction. The approval has the same effect as if it was given before the start of construction.

323. Section 7 of the Act is replaced by the following:

Fee payable by person applying for approval

7. (1) A person who applies for approval of a work referred to in subsection 5(2) or 6(4) shall pay the fee prescribed by the regulations.

Approval valid for period prescribed by regulations

(2) The approval of a work under section 5 is valid for the period prescribed by the regulations.

1993, c. 41, s. 8

324. Section 9 of the Act is replaced by the following:

Notice and deposit of plans

9. (1) A local authority, company or individual proposing to construct any work in navigable waters may apply to the Minister for approval by depositing the plans for its design and construction and a description of the proposed site with the Minister.

Plans for management and operation

(2) If the Minister considers that the work would substantially interfere with navigation, the Minister may also require that the local authority, company or individual deposit the plans for the management and operation related to the work.

Deposit and notice — substantial interference

(3) If the Minister considers that the work would substantially interfere with navigation, the Minister shall direct the local authority, company or individual to

(a) deposit all plans in the local land registry or land titles office or any other place specified by the Minister; and

(b) provide notice of the proposed construction and the deposit of the plans by advertising in the Canada Gazette and in one or more newspapers that are published in or near the place where the work is to be constructed.

The plans shall be deposited and notice shall be provided in the form and manner specified by the Minister.

Deposit and notice — other interference

(4) If the Minister considers that the work would interfere, other than substantially, with navigation, the Minister may direct the local authority, company or individual to deposit the plans in the local land registry or land titles office or any other place specified by the Minister, and to provide notice of the proposed construction and the deposit of the plans as the Minister considers appropriate.

Comments

(5) Interested persons may provide written comments to the Minister within 30 days after the publication of the last notice referred to in subsection (3) or (4).

325. Subsection 11(1) of the Act is replaced by the following:

Approval lapses

11. (1) When an approval of a work lapses, the Minister may grant a new approval of that work for any period that the Minister considers appropriate, having regard to changing conditions in navigation and the condition of the work.

326. The Act is amended by adding the following after section 11:

Amendment of approval

11.1 (1) Subject to subsection (3), the Minister may amend an approval of a work if he or she is satisfied that

(a) the work has become a danger to or an interference with navigation by reason of the passage of time and changing conditions in navigation of the navigable waters concerned; or

(b) the amendment is in the public interest.

Suspension or cancellation

(2) Subject to subsection (3), the Minister may suspend or cancel an approval if he or she is satisfied that

(a) the work is not being or has not been built, placed, maintained, operated, used or removed in accordance with the plans, the regulations or with any terms and conditions in the approval;

(b) the approval was obtained by a fraudulent or improper means or a misrepresentation of a material fact;

(d) the owner of the work has contravened a provision of this Act or the regulations; or

(e) the suspension or cancellation is in the public interest, including that it is warranted by the record of compliance of the owner or of a principal of the owner under this Act.

Notice

(3) Before amending, suspending or cancelling an approval of a work, the Minister shall give the owner 30 days’ notice setting out the grounds on which the Minister relies for the amendment, suspension or cancellation.

Not a statutory instrument

11.2 For greater certainty, an order given under subsection 4(3) or paragraph 6(1)(a) or (c) is not a statutory instrument within the meaning of the Statutory Instruments Act.

327. Subsections 12(1) and (2) of the Act are replaced by the following:

Orders and regulations by Governor in Council

12. (1) The Governor in Council may make any orders or regulations that the Governor in Council deems expedient for navigation purposes respecting any work to which this Part applies or that is approved or the plans and site of which are approved under any Act of Parliament or order of the Governor in Council, and may make regulations

(a) prescribing the fees payable to the Minister on an application for an approval under this Part;

(b) respecting the grant, amendment, renewal, suspension and cancellation of approvals under this Part;

(d) respecting notification requirements for a change in ownership in a work;

(e) establishing classes of works or navigable waters for the purposes of subsection 5.1(1);

(f) respecting the placement, construction, maintenance, operation, safety, use and removal of works; and

(g) for carrying out the purposes and provisions of this Part.

Related works

(2) If the Governor in Council considers that two or more works are related, the Governor in Council may, for the purposes of subsection (1), deem them to be a single work.

Incorporation by reference

(2.1) The regulations may incorporate any material by reference, regardless of its source, either as it exists on a particular date or as amended from time to time.

Incorporated material not a regulation

(2.2) Material does not become a regulation for the purposes of the Statutory Instruments Act because it is incorporated by reference.

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

Ministerial Orders

Orders

13. (1) For the purposes of section 5.1, the Minister may, by order,

(a) establish classes of works or navigable waters; and

(b) impose any terms and conditions with respect to the placement, construction, maintenance, operation, safety, use and removal of those classes of works or works that are built or placed in, on, over, under, through or across those classes of navigable waters.

Exemption from Statutory Instruments Act

(2) An order under subsection (1)

(a) is not a statutory instrument within the meaning of the Statutory Instruments Act; and

(b) shall be published in the Canada Gazette within 23 days after the day on which it is made.

Incorporation by reference

(3) An order may incorporate any material by reference, regardless of its source, either as it exists on a particular date or as amended from time to time.

329. The heading “Définitions” before section 14 of the French version of the Act is replaced by the following:

Définition et interprétation

330. Section 14 of the Act is replaced by the following:

Definition of “owner”

14. (1) In this Part, “owner” means the registered or other owner at the time any wreck, obstruction or obstacle referred to in this Part was occasioned, and includes a subsequent purchaser.

Interpretation

(2) A reference to a “thing” in sections 15 to 18 and 20, with respect to a thing that is or is likely to become an obstruction or obstacle to navigation, does not include a reference to a thing of natural origin unless the obstruction or obstacle, or likely obstruction or obstacle, is caused by a person.

Application

Non-application

14.1 This Part, other than sections 21 to 25, does not apply to navigable waters falling within a class of navigable waters established by regulation or under section 13.

331. The portion of subsection 15(1) of the Act before paragraph (a) is replaced by the following:

Notice and indication of obstruction or obstacle

15. (1) If the navigation of any navigable water over which Parliament has jurisdiction is obstructed, impeded or rendered more difficult or dangerous by the wrecking, sinking, partial sinking, lying ashore or grounding of any vessel or part of one or by any other thing, the owner, master or person in charge of the vessel or thing by which any obstruction or obstacle is caused shall

332. Section 16 of the Act is replaced by the following:

Minister’s powers

16. The Minister may cause any wreck, vessel or part of a vessel resulting from the wrecking, sinking, partial sinking, lying ashore or grounding of a vessel, or may cause any other thing, to be secured, removed or destroyed in the manner that the Minister considers appropriate if, in the Minister’s opinion,

(a) the navigation of any navigable water over which Parliament has jurisdiction is obstructed, impeded or rendered more difficult or dangerous for more than 24 hours by the wreck, vessel, part of a vessel or thing;

(b) the wreck, vessel, part of a vessel or thing has been in a position for more than 24 hours that is likely to obstruct, impede or render more difficult or dangerous the navigation of any such navigable water; or

(c) the wreck, vessel, part of a vessel or thing is cast ashore, stranded or left on any property belonging to Her Majesty in right of Canada and has been an obstruction or obstacle, for more than 24 hours, to the use of that property as may be required for the public purposes of Canada.

333. Subsection 17(1) of the Act is replaced by the following:

Conveyance from site and sale

17. (1) The Minister may cause the vessel referred to in section 16 or its cargo, or any other thing causing or forming part of the obstruction or obstacle to be conveyed to the place that the Minister considers appropriate and to be sold by auction or otherwise as the Minister considers appropriate. The Minister may apply the proceeds of the sale to make good the expenses incurred by the Minister in placing and maintaining any signal or light to indicate the position of the obstruction or obstacle, or in securing, removing, destroying or selling the vessel, cargo or thing.

334. Subsection 18(1) of the Act is replaced by the following:

Costs constituting debt

18. (1) The amount of the costs incurred by the Minister while acting under subsection 15(2) or section 16 — whether or not a sale has been held under section 17 — constitutes a debt to which subsection (2) applies if the costs have been defrayed out of the public moneys of Canada.

335. Sections 19 and 20 of the Act are replaced by the following:

Order to remove vessel left anchored

19. (1) If a vessel has been left anchored, moored or adrift in any navigable water so that, in the Minister’s opinion, it obstructs or is likely to obstruct navigation, the Minister may order the owner, managing owner, master or person in charge of the vessel to secure it or remove it to a place that the Minister considers appropriate.

Failure to comply with order

(2) If a person to whom an order is given under subsection (1) fails to comply without delay with the order, the Minister may order the vessel to be secured or removed to the place that the Minister considers appropriate, and the costs of securing or removing the vessel are recoverable against the person as a debt due to Her Majesty.

Not a statutory instrument

(3) For greater certainty, an order given under this section is not a statutory instrument within the meaning of the Statutory Instruments Act.

Abandoned vessel

20. If any vessel or other thing is wrecked, sunk, partially sunk, lying ashore or grounded in any navigable water in Canada, the vessel, part of the vessel, its cargo or thing is deemed to be abandoned on the day that is two years from the day of the casualty. On or after that later day the Minister may, under the restrictions that the Minister considers appropriate, authorize any person to take possession of and remove the vessel, part of the vessel or thing for that person’s own benefit, on giving to the owner, if known, one month’s notice, or if the owner is unknown, public notice for the same period in a local newspaper published in or near to the location of the vessel or thing.

R.S., c. 1 (2nd Supp.), s. 213(1) (Sch. I, subitems 9(2) and (3))

336. Sections 26 to 28 of the Act are repealed.

337. Section 29 of the Act and the heading “Interpretation” before it are repealed.

338. Section 30 of the Act is renumbered as subsection 30(1) and is amended by adding the following:

Incorporation by reference

(2) The regulations may incorporate any material by reference, regardless of its source, either as it exists on a particular date or as amended from time to time.

Incorporated material not a regulation

(3) Material does not become a regulation for the purposes of the Statutory Instruments Act because it is incorporated by reference.

339. Section 31 of the Act is repealed.

340. The Act is amended by adding the following after section 32:

PART IV

ADMINISTRATION AND ENFORCEMENT

Designation

33. For the purposes of the administration and enforcement of this Act and any regulation or order, the Minister may designate persons or classes of persons to exercise powers in relation to any matter referred to in the designation.

Powers

Authority to enter

34. (1) A person who is designated to verify compliance or prevent non-compliance with this Act and any regulation or order may, for that purpose, at any reasonable time, enter a work, vessel or swing or draw bridge, or enter any other place in which they have reasonable grounds to believe the following items are located:

(a) a work or anything related to a work;

(b) a wreck, vessel, part of a vessel or other thing that obstructs or impedes navigation or renders it more difficult or dangerous, or that is likely to do so;

Certification

(2) On entering a place, the designated person shall, on request, produce to the person in charge of the place a certification in the form established by the Minister attesting to the designation.

Powers

(3) The designated person may, for the purposes referred to in subsection (1),

(a) examine anything that is found in the place;

(b) remove any document or other thing from the place for examination or, in the case of a document, copying;

(c) direct any person to put into operation or cease operating any work, vessel or other conveyance, machinery or equipment in the place;

(d) prohibit or limit access to the place for as long as specified;

(e) take photographs and make video recordings and sketches;

(f) use or cause to be used any computer system or data processing system at the place to examine any data contained in, or available to, the system;

(g) reproduce any record, or cause it to be reproduced from the data, in the form of a printout or other intelligible output and remove the printout or other output for examination or copying; and

(h) use or cause to be used any copying equipment at the place to make copies of any books, records, electronic data or other documents.

Entry — private property

(4) The designated person, in carrying out their functions under this section, and a person accompanying them may enter on and pass through or over private property without being liable for doing so.

Duty to assist

35. The owner or person who is in charge of a place that is entered under subsection 34(1) and every person who is in the place shall

(a) give a designated person who is carrying out their functions under section 34 all reasonable assistance; and

(b) provide them with any information that they may reasonably require.

Warrant for dwelling-house

36. (1) If any place referred to in subsection 34(1) is a dwelling-house, the designated person may not enter it without the consent of the occupant except under the authority of a warrant issued under subsection (2).

Authority to issue warrant

(2) On ex parte application, a justice of the peace may issue a warrant authorizing the person who is named in it to enter a dwelling-house, subject to any conditions that may be specified in the warrant, if the justice is satisfied by information on oath that

(a) the dwelling-house is a place referred to in subsection 34(1);

(b) entry to the dwelling-house is necessary for the purpose of verifying compliance or preventing non-compliance with the Act and any regulation or order; and

(c) entry to the dwelling-house was refused by the occupant or there are reasonable grounds to believe that entry will be refused or consent to entry cannot be obtained from the occupant.

Prohibitions

False statements or information

37. (1) No person shall knowingly, orally or in writing, make a false or misleading statement or provide false or misleading information, in connection with any matter under this Act, to a designated person who is carrying out their functions under section 34.

Obstruction

(2) No person shall knowingly obstruct or hinder a designated person who is carrying out their functions under section 34.

Injunction

38. (1) If, on the application of the Minister, it appears to a court of competent jurisdiction that a person has done, is about to do or is likely to do any act constituting or directed toward the commission of an offence under this Act, the court may issue an injunction ordering a person named in the application

(a) to refrain from doing an act that, in the opinion of the court, may constitute or be directed toward the commission of the offence; or

(b) to do an act that, in the opinion of the court, may prevent the commission of the offence.

Notice

(2) No injunction may be issued under subsection (1) unless 48 hours’ notice is served on the party or parties named in the application or the urgency of the situation is such that service would not be in the public interest.

Immunity

Not personally liable

39. (1) Servants of the Crown, as those terms are defined in section 2 of the Crown Liability and Proceedings Act, are not personally liable for anything they do or omit to do in good faith under this Act.

Crown not relieved

(2) Subsection (1) does not, by reason of section 10 of the Crown Liability and Proceedings Act, relieve the Crown of liability for a tort or extracontractual civil liability to which the Crown would otherwise be subject.

Offences and Punishment

Offence

40. (1) Every person is guilty of an offence and is liable on summary conviction to imprisonment for a term of not more than six months or to a fine of not more than $50,000, or to both, if the person contravenes

(a) an order given under subsection 4(3), paragraph 6(1)(a) or (c) or subsection 19(1);

(b) an interim order made under section 13.1 or 32;

(d) subsection 15(1) or section 21, 22, 35 or subsection 37(1) or (2).

Vessel liable for fine

(2) If any materials referred to in section 22 are thrown from or deposited by a vessel and a conviction is obtained for that activity, the vessel is liable for any fine that is imposed and may be detained by any port warden or the chief officer of customs at any port until the fine is paid.

Continuing offence

(3) If the offence under subsection (1) is committed or continued on more than one day, the person who commits it is liable to be convicted for a separate offence for each day on which it is committed or continued.

PART V

REVIEW

Review of Act

41. (1) A review of the provisions and the operation of this Act must be completed by the Minister before the end of the fifth year after the day on which this section comes into force.

Tabling of report

(2) The Minister shall cause a report of the review to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the report has been completed.

2007, c. 1

Consequential Amendment to the International Bridges and Tunnels Act

341. Subsections 4(3) and (4) of the International Bridges and Tunnels Act are replaced by the following:

Application of other Acts

(3) Nothing in this Act or any regulations made under it affects the application of any other Act of Parliament, including any requirement for a person to obtain a licence, permit or other authorization in respect of an international bridge or tunnel.

PART 8

MISCELLANEOUS PROVISIONS

Division 1

Wage Earner Protection Program

2005, c. 47, s. 1

Wage Earner Protection Program Act

2007, c. 36, s. 83

342. Subsection 2(1) of the Wage Earner Protection Program Act is replaced by the following:

Definitions

2. (1) The following definitions apply in this Act.

“eligible wages”
« salaire admissible »

“eligible wages” means

(a) wages other than severance pay and termination pay that were earned during the six-month period ending on the date of the bankruptcy or the first day on which there was a receiver in relation to the former employer; and

(b) severance pay and termination pay that relate to employment that ended during the period referred to in paragraph (a).

“wages”
« salaire »

“wages” includes salaries, commissions, compensation for services rendered, vacation pay, severance pay, termination pay and any other amounts prescribed by regulation.

2007, c. 36, s. 84

343. (1) Paragraph 5(a) of the Act is replaced by the following:

(a) the individual’s employment ended for a reason prescribed by regulation;

(2) Section 5 is amended by adding “and” after paragraph (b) and by replacing paragraphs (c) and (d) with the following:

2007, c. 36, s. 85

344. The portion of section 6 of the Act before paragraph (a) is replaced by the following:

Exceptions

6. An individual is not eligible to receive a payment in respect of any wages earned during, or that otherwise relate to, a period in which the individual

2007, c. 36, s. 86

345. Section 7 of the Act is replaced by the following:

Amount of payment

7. (1) The amount that may be paid under this Act to an individual is the amount of eligible wages owing to the individual up to a maximum of the greater of the following amounts, less any amount prescribed by regulation:

(a) $3,000; and

(b) an amount equal to four times the maximum weekly insurable earnings under the Employment Insurance Act.

Bankruptcy and receivership

(2) If the former employer is both bankrupt and subject to a receivership, the amount that may be paid is the greater of the amount determined in respect of the bankruptcy and the amount determined in respect of the receivership.

2007, c. 36, s. 89

346. (1) Paragraphs 21(1)(a) and (b) of the Act are replaced by the following:

(a) identify each individual who is owed eligible wages;

(b) determine the amount of eligible wages owing to each individual;

2007, c. 36, s. 89

(2) Paragraph 21(1)(d) of the Act is replaced by the following:

(d) provide the Minister and each individual other than one who is in a class prescribed by regulation with the information prescribed by regulation in relation to the individual and with the amount of eligible wages owing to the individual; and

2007, c. 36, s. 94

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

(b) prescribing reasons for the purposes of paragraph 5(a);

2007, c. 36, s. 94

(2) Paragraphs 41(d) and (e) of the Act are replaced by the following:

(d) prescribing an amount for the purposes of subsection 7(1);

(e) respecting the allocation of payments to the different components of wages;

2007, c. 36, s. 94

(3) Paragraph 41(i) of the Act is replaced by the following:

(i) respecting the information that is to be provided by trustees and receivers to the Minister and to individuals for the purposes of paragraph 21(1)(d) and respecting the period during which and the manner in which that information is to be provided;

SOR/2008-222

Wage Earner Protection Program Regulations

348. Section 3 of the Wage Earner Protection Program Regulations is replaced by the following:

3. An individual’s employment has ended for the purposes of paragraph 5(a) of the Act if it has ended for any of the following reasons:

(a) the individual resigned or retired;

(b) the individual’s employment has terminated; or

349. (1) The portion of section 6 of the French version of the Regulations before paragraph (a) is replaced by the following:

6. Pour l’application du paragraphe 7(1) de la Loi, les sommes ci-après sont à défalquer :

(2) Paragraphs 6(a) and (b) of the Regulations are replaced by the following:

(a) any amount that the individual has received after the date of the bankruptcy or the first day on which there was a receiver in relation to the former employer by virtue of his or her rights in respect of the eligible wages; and

(b) an amount equal to 6.82% of the amount determined under that subsection.

350. Section 7 of the Regulations is repealed.

351. (1) Paragraph 8(a) of the Regulations is replaced by the following:

(a) firstly, to wages other than those referred to in paragraphs (b) to (e);

(2) Paragraph 8(c) of the French version of the Regulations is replaced by the following:

c) l’indemnité de vacances;

(3) Section 8 of the Regulations is amended by striking out “and” after paragraph (b) and by adding the following after paragraph (c):

(d) fourthly, to termination pay; and

(e) lastly, to severance pay.

352. Paragraph 9(b) of the Regulations is replaced by the following:

(b) on which the applicant’s employment ends for any of the reasons referred to in section 3; and

353. (1) Paragraph 15(1)(c) of the Regulations is replaced by the following:

(c) the dates on which wages, other than severance pay or termination pay, were earned and the basis upon which they were calculated;

(c.1) the date on which any employment in respect of which severance pay or termination pay is owing ended;

(2) Paragraph 15(2)(a) of the Regulations is replaced by the following:

(a) 45 days from the date of bankruptcy or from the first day on which there was a receiver in relation to the former employer, as the case may be, unless circumstances beyond the control of the trustee or receiver necessitate a longer period; or

354. Subsection 16(2) of the Regulations is replaced by the following:

(2) The trustee or receiver shall provide the information within 45 days from the date of bankruptcy or from the first day on which there was a receiver in relation to the former employer, as the case may be, unless circumstances beyond the control of the trustee or receiver necessitate a longer period.

R.S., c. B-3

Consequential Amendments to the Bankruptcy and Insolvency Act

2005, c. 47, s. 67; 2007, c. 36, s. 38

355. The definition “rémunération” in subsection 81.3(9) of the French version of the Bankruptcy and Insolvency Act is replaced by the following:

« rémunération »
“compensation”

« rémunération » S’entend notamment de l’indemnité de vacances, mais non de l’indemnité de départ ou de préavis.

2005, c. 47, s. 67; 2007, c. 36, s. 38

356. The definition “rémunération” in subsection 81.4(9) of the French version of the Act is replaced by the following:

« rémunération »
“compensation”

« rémunération » S’entend notamment de l’indemnité de vacances, mais non de l’indemnité de départ ou de préavis.

Transitional Provision

Application

357. The provisions of the Wage Earner Protection Program Act and the Wage Earner Protection Program Regulations as amended by sections 342 to 354 apply

(a) in respect of wages owing to an individual by an employer who becomes bankrupt after January 26, 2009; and

(b) in respect of wages owing to an individual by an employer any of whose property comes under the possession or control of a receiver within the meaning of subsection 243(2) of the Bankruptcy and Insolvency Act after January 26, 2009.

Division 2