Bill C-9

Coming into Force

1645. This Part is deemed to have come into force on March 5, 2010.

PART 6

FEDERAL-PROVINCIAL FISCAL ARRANGEMENTS ACT

1646. The Federal-Provincial Fiscal Arrangements Act is amended by adding the following after section 3.11:

3.12 An additional fiscal equalization payment may be paid for the fiscal year beginning on April 1, 2010 equal to,

(a) for Nova Scotia, $250,405,000;

(b) for New Brunswick, $80,300,000;

(c) for Manitoba, $175,494,000; and

(d) for Prince Edward Island, $3,304,000.

1647. The description of A in paragraph 24.702(b) of the Act is replaced by the following:

A      is the amount determined for Ontario under subclause 24.7(1.2)(b)(ii)(A)(I) for that fiscal year, and

1648. The Act is amended by adding the following after section 24.702:

24.703 The Minister may pay an additional cash payment for the fiscal year beginning on April 1, 2010 equal to,

(a) for Saskatchewan, $7,304,000; and

(b) for Newfoundland and Labrador, $8,408,000.

PART 7

EXPENDITURE RESTRAINT ACT

1649. Section 55 of the Expenditure Restraint Act is replaced by the following:

55. (1) Despite subsections 55.1(2), 62.1(2), 62.2(2) and 62.3(2) of the Parliament of Canada Act and subsections 4.1(2), (4) and (6) of the Salaries Act, the increase in respect of allowances and salaries to be paid to members of the Senate and the House of Commons for the 2009–2010 fiscal year is to be 1.5%.

(2) Despite the provisions referred to in subsection (1), there are to be no increases in respect of allowances and salaries to be paid to members of the Senate and the House of Commons for the 2010–2011, 2011–2012 and 2012–2013 fiscal years.

(3) In calculating the allowances and salaries to be paid to members of the Senate and the House of Commons for the 2013–2014 fiscal year, the indexing mentioned in the provisions referred to in subsection (1) is to be applied to the allowances and salaries payable to the members for the 2009–2010 fiscal year.

PART 8

AMENDMENTS RELATING TO CERTAIN GOVERNMENTAL BODIES

Division 1

Amendments Relating to Certain Governor in Council Appointments

Alberta-British Columbia Boundary Act, 1974

Amendments to the Act

1650. Section 2 of the Alberta-British Columbia Boundary Act, 1974 is amended by adding the following in alphabetical order:

“Surveyor General” has the same meaning as in subsection 2(1) of the Canada Lands Surveys Act.

1651. Subsection 3(1) of the Act is replaced by the following:

3. (1) There shall be a commission to be known as the Alberta-British Columbia Boundary Commission consisting of the Surveyor General and two other commissioners appointed by, respectively, the Lieutenant Governor in Council of the Province of Alberta under The Alberta-British Columbia Boundary Act, 1974 (Alberta) and the Lieutenant Governor in Council of the Province of British Columbia under the British Columbia-Alberta Boundary Act (British Columbia).

1652. Subsection 4(2) of the Act is replaced by the following:

(2) When a boundary line established in accordance with subsection (1) has been approved by the Lieutenant Governors in Council of the provinces of Alberta and British Columbia and has been declared by the Governor in Council to be the boundary between those provinces under section 6, the Surveyor General shall supplement or revise the map-sheets to incorporate that boundary line.

Coming into Force

1653. Sections 1650 to 1652 come into force on a day to be fixed by order of the Governor in Council.

Asia-Pacific Foundation of Canada Act

Amendment to the Act

1654. Paragraph 9(a) of the Asia-Pacific Foundation of Canada Act is replaced by the following:

(a) the Chairperson and up to four other directors appointed by the Governor in Council, on the recommendation of the Minister of Foreign Affairs, in this Act referred to as the “Minister”, after the Minister has consulted with the Board;

Coming into Force

1655. Section 1654 comes into force on a day to be fixed by order of the Governor in Council.

Assisted Human Reproduction Act

Amendment to the Act

1656. Subsection 26(1) of the Assisted Human Reproduction Act is replaced by the following:

26. (1) There shall be a board of directors of the Agency consisting of not more than 12 members, including a Chairperson and the President of the Agency.

Coming into Force

1657. Section 1656 comes into force on a day to be fixed by order of the Governor in Council.

Budget Implementation Act, 1997

Amendment to the Act (Canada Foundation for Innovation)

1658. Paragraphs 9(2)(b) and (c) of the Budget Implementation Act, 1997 are replaced by the following:

(b) five persons, who are resident in Canada, appointed by the Governor in Council on the recommendation of the Minister; and

(c) seven persons, who are resident in Canada and none of whom are employees or agents of Her Majesty in right of Canada or in right of a province or members of the Senate, the House of Commons or the legislature of a province, appointed by the members in accordance with the by-laws of the foundation.

Coming into Force

1659. Section 1658 comes into force on a day to be fixed by order of the Governor in Council.

Business Development Bank of Canada Act

Amendment to the Act

1660. Subsection 5(1) of the Business Development Bank of Canada Act is replaced by the following:

5. (1) The Bank has a Board of Directors comprised of the Chairperson, the President and not fewer than three, but no more than 11, other directors.

Coming into Force

1661. Section 1660 comes into force on a day to be fixed by order of the Governor in Council.

Canada Grain Act

Amendments to the Act

1662. Sections 9 and 10 of the Canada Grain Act are replaced by the following:

10. Any officers and employees that are necessary for the proper conduct of the business of the Commission, including managers and employees employed at elevators constructed or acquired by Her Majesty in right of Canada and administered by the Commission under this Act, shall be appointed in the manner authorized by law.

1663. Paragraph 12(c) of the Act is replaced by the following:

(c) specifying the duties of officers, managers and employees appointed as described in section 10;

Coming into Force

1664. Sections 1662 and 1663 come into force on a day to be fixed by order of the Governor in Council.

Canada Mortgage and Housing Corporation Act

Amendments to the Act

1665. Subsections 7(3) to (5) of the Canada Mortgage and Housing Corporation Act are replaced by the following:

(3) The President on the expiration of his or her term of office may, if eligible, be re-appointed.

1666. (1) The portion of subsection 8(1) of the Act before paragraph (a) is replaced by the following:

8. (1) No person shall be appointed or continue as President or as a director from outside the federal public administration if that person

(2) Subsection 8(2) of the Act is replaced by the following:

(2) A person appointed as President or as a director from outside the federal public administration who is a shareholder of a lending institution shall divest themselves of ownership of their shares of the lending institution within three months after the date of their appointment and afterwards shall not during their term of office have an interest or right either directly or indirectly as a shareholder in a lending institution.

(3) Subsection 8(3) of the English version of the Act is replaced by the following:

(3) A person appointed as President or as a director from outside the federal public administration who fails to comply with subsection (2) ceases to hold office.

Coming into Force

1667. Sections 1665 and 1666 come into force on a day to be fixed by order of the Governor in Council.

Canada Pension Plan

Amendments to the Act

1668. The portion of subsection 82(3) of the Canada Pension Plan before paragraph (a) is replaced by the following:

(3) The Governor in Council shall appoint a panel of between 100 and 360 persons resident in Canada, in such a way that, at any given time,

1669. Paragraph 83(5)(b) of the Act is replaced by the following:

(b) not less than one and not more than eight other persons, each of whom shall be a judge of the Federal Court of Appeal, the Federal Court or a superior court of a province.

Coming into Force

1670. Sections 1668 and 1669 come into force on a day to be fixed by order of the Governor in Council.

Canada School of Public Service Act

Amendments to the Act

1671. Section 2 of the Canada School of Public Service Act is amended by adding the following in alphabetical order:

“public sector” has the same meaning as in subsection 2(1) of the Public Servants Disclosure Protection Act;

1672. Section 7 of the Act is replaced by the following:

7. The School shall have a Board of Governors composed of not more than 11 governors, including a Chair and two ex officio governors.

1673. (1) Subsection 10(1) of the Act is replaced by the following:

10. (1) The Chief Human Resources Officer appointed under subsection 6(2.1) of the Financial Administration Act is Chair of the Board of Governors.

(2) Subsection 10(3) of the Act is replaced by the following:

(3) The President and a person — occupying a position in the public sector — designated by the Clerk of the Privy Council and Secretary to the Cabinet, are ex officio governors.

Related Amendment to the Access to Information Act

1674. Schedule I to the Access to Information Act is amended by striking out the following under the heading “OTHER GOVERNMENT INSTITUTIONS”:

Public Service Human Resources Management Agency of Canada

Related Amendments to the Financial Administration Act

1675. (1) Subsection 6(2.1) of the Financial Administration Act is replaced by the following:

(2.1) The Governor in Council may appoint an officer called the Chief Human Resources Officer to hold office during pleasure, who ranks as and has the powers of a deputy head of a department.

(2) The portion of subsection 6(4.1) of the Act before paragraph (a) is replaced by the following:

(4.1) The Treasury Board may, subject to any terms and conditions that it considers appropriate, delegate to the Chief Human Resources Officer

(3) Subsection 6(4.2) of the Act is replaced by the following:

(4.2) The President of the Treasury Board is responsible and accountable for the coordination of the activities of the Secretary of the Treasury Board, the Chief Human Resources Officer and the Comptroller General of Canada and may, subject to any terms and conditions that the President of the Treasury Board considers appropriate, delegate that responsibility to the Secretary of the Treasury Board or to any person under the President of the Treasury Board’s jurisdiction.

Related Amendment to the Official Languages Act

1676. Section 47 of the Official Languages Act is replaced by the following:

47. The Chief Human Resources Officer appointed under subsection 6(2.1) of the Financial Administration Act shall provide the Commissioner with any audit reports that are prepared under paragraph 46(2)(d).

Related Amendment to the Privacy Act

1677. The schedule to the Privacy Act is amended by striking out the following under the heading “OTHER GOVERNMENT INSTITUTIONS”:

Public Service Human Resources Management Agency of Canada

Related Amendments to the Public Servants Disclosure Protection Act

1678. The definitions “Agency” and “Minister” in subsection 2(1) of the Public Servants Disclosure Protection Act are repealed.

1679. Subsection 10(4) of the Act is replaced by the following:

(4) Subsections (1) and (2) do not apply to a chief executive if he or she declares, after giving notice to the Treasury Board Secretariat, that it is not practical to apply those subsections given the size of that portion of the public sector.

1680. (1) Subsections 38.1(1) and (2) of the Act are replaced by the following:

38.1 (1) Within 60 days after the end of each financial year, each chief executive must prepare and submit to the Treasury Board Secretariat a report for that financial year on the activities, in the portion of the public sector for which the chief executive is responsible, respecting disclosures made under section 12.

(2) Within six months after the end of each financial year, the Chief Human Resources Officer appointed under subsection 6(2.1) of the Financial Administration Act must prepare and submit to the President of the Treasury Board a report for that financial year that provides an overview of the activities, throughout the public sector, respecting disclosures made under section 12.

(2) Paragraph 38.1(3)(e) of the Act is replaced by the following:

(e) any other matter that the Chief Human Resources Officer considers necessary.

1681. Sections 54.1 and 54.2 of the Act are repealed.

1682. The Act is amended by replacing “Minister” with “President of the Treasury Board” in the following provisions:

(a) section 4;

(b) subsections 5(3) and 5(4);

(d) subsection 38.1(4); and

(e) section 54.

Coming into Force

1683. Sections 1671 to 1682 come into force on a day to be fixed by order of the Governor in Council.

Canadian Centre for Occupational Health and Safety Act

Amendments to the Act

1684. Paragraphs 4(c) to (e) of the Canadian Centre for Occupational Health and Safety Act are replaced by the following:

(c) four other governors to be appointed after consultation with any organizations representative of workers that the Governor in Council considers appropriate; and

(d) four other governors to be appointed after consultation with any organizations representative of employers that the Governor in Council considers appropriate.

1685. Paragraphs 14(1)(a) and (b) of the Act are replaced by the following:

(a) the number of members of the executive board who were appointed to the Council under paragraph 4(c) is equal to the number of members of the executive board who were appointed to the Council under paragraph 4(d); and

(b) the aggregate of the number of members of the executive board appointed to the Council under paragraph 4(c) or (d) is not less than 50% of the total number of members of the executive board.

Coming into Force

1686. Sections 1684 and 1685 come into force on a day to be fixed by order of the Governor in Council.

Canadian Centre on Substance Abuse Act

Amendments to the Act

1687. Section 6 of the Canadian Centre on Substance Abuse Act is replaced by the following:

6. The affairs of the Centre shall be managed by a Board of Directors, in this Act referred to as the “Board”, consisting of a Chairperson and not more than 12 other directors whose backgrounds or experience would assist the Centre in the fulfilment of its purpose.

1688. Paragraphs 8(a) and (b) of the Act are replaced by the following:

(a) the Chairperson and up to four other directors may be appointed by the Governor in Council on the recommendation of the Minister of Health, after that Minister has consulted with the Board, to hold office during pleasure; and

(b) up to eight directors may be appointed by the Board, to hold office during pleasure, after consultations with the governments of the provinces and with any individuals and organizations representative of the business community and labour, professional and voluntary organizations having a particular interest in alcohol and drug abuse that the Board considers appropriate.

1689. Sections 11 and 12 of the English version of the Act are replaced by the following:

11. The Chairperson shall preside at meetings of the Board and may perform any other duties that are assigned by the Board.

12. The Board may elect from among its members a Vice-Chairperson who, in the event of the absence or incapacity of the Chairperson, or if the office of Chairperson is vacant, has and may exercise and perform all the duties and functions of the Chairperson.

1690. Section 21 of the English version of the Act is replaced by the following:

21. The Chairperson and the other directors shall serve without remuneration, but may be paid any reasonable travel and living expenses in connection with the activities of the Centre that are fixed by by-law of the Board.

1691. The English version of the Act is amended by replacing “Chairman” with “Chairperson” in the following provisions:

(a) section 7;

(b) subsection 9(1);

(c) section 10;

(d) section 14; and

(e) section 26.

Coming into Force

1692. Sections 1687 to 1691 come into force on a day to be fixed by order of the Governor in Council.

Canadian Institutes of Health Research Act

Amendment to the Act

1693. Subsection 7(1) of the Canadian Institutes of Health Research Act is replaced by the following:

7. (1) There shall be a Governing Council of the CIHR consisting of not more than 18 members, one of whom shall be the President of the CIHR.

Coming into Force

1694. Section 1693 comes into force on a day to be fixed by order of the Governor in Council.

Canadian International Trade Tribunal Act

Amendment to the Act

1695. Subsection 3(1) of the Canadian International Trade Tribunal Act is replaced by the following:

3. (1) There is established a tribunal, to be known as the Canadian International Trade Tribunal, consisting, subject to subsection (2), of a Chairperson, two Vice-Chairpersons and not more than four other permanent members to be appointed by the Governor in Council.

Coming into Force

1696. Section 1695 comes into force on a day to be fixed by order of the Governor in Council.

Canadian Race Relations Foundation Act

Amendments to the Act

1697. Subsection 6(1) of the Canadian Race Relations Foundation Act is replaced by the following:

6. (1) The activities of the Foundation shall be managed by a Board of Directors consisting of a Chairperson and not more than 11 other directors to be appointed by the Governor in Council, on the recommendation of the Minister, after the Minister, taking into account the multicultural character, linguistic duality and regional diversity of Canadian society, has consulted with any governments, institutions, organizations and individuals that the Minister considers appropriate.

1698. Section 23 of the Act is repealed.

Coming into Force

1699. Sections 1697 and 1698 come into force on a day to be fixed by order of the Governor in Council.

Canadian Radio-television and Telecommunications Commission Act

Amendments to the Act

1700. The definition “member” in section 2 of the Canadian Radio-television and Telecommunications Commission Act is replaced by the following:

“member” means a member of the Commission;

1701. Subsection 3(1) of the Act is replaced by the following:

3. (1) There is established a commission, to be known as the Canadian Radio-television and Telecommunications Commission, consisting of not more than 13 members, to be appointed by the Governor in Council.

1702. Section 4 of the Act is replaced by the following:

4. A member shall devote the whole of his or her time to the performance of his or her duties under this Act.

1703. (1) Subsection 6(1) of the Act is replaced by the following:

6. (1) The Governor in Council shall designate one of the members to be Chairperson of the Commission and two of the members to be Vice-Chairpersons of the Commission.

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

(4) The Commission may authorize one or more of its members to act as Chairperson if the Chairperson and both Vice-Chairpersons are absent or unable to act or if the office of Chairperson and each office of Vice-Chairperson are vacant.

1704. Subsection 7(1) of the Act is replaced by the following:

7. (1) Each member shall be paid a salary to be fixed by the Governor in Council.

1705. Section 9 of the Act is replaced by the following:

9. (1) The members of the Commission are deemed to be persons employed in the public service for the purposes of the Public Service Superannuation Act.

(2) For the purposes of any regulations made under section 9 of the Aeronautics Act, the members of the Commission are deemed to be persons employed in the federal public administration.

1706. Subsection 10(3) of the Act is replaced by the following:

(3) A majority of the members in office constitute a quorum of the Commission.

1707. Section 10.1 of the Act is replaced by the following:

10.1 (1) Subject to subsection (2), the members of the Commission shall reside in the National Capital Region as described in the schedule to the National Capital Act or within any distance of it that may be determined by the Governor in Council.

(2) If a regional office of the Commission is established under subsection 10(1.1), a member of the Commission who is designated for that region by the Governor in Council shall reside in that region and within any distance of that regional office that may be determined by the Governor in Council.

1708. Paragraph 11(1)(c) of the Act is replaced by the following:

(c) fixing the travel and living expenses to be paid to members.

1709. Subsections 12(2) and (3) of the Act are replaced by the following:

(2) The members of the Commission and the Chairperson shall exercise the powers and perform the duties vested in the Commission and the Chairperson, respectively, by the Telecommunications Act or by any special Act within the meaning of that Act.

(3) The members of the Commission may make by-laws

(a) respecting the establishment of special and standing committees of the members, the delegation of the powers, duties and functions of the members to those committees and the fixing of quorums for meetings of those committees; and

(b) providing that any act or thing done by those committees in the exercise of the powers or the performance of the duties and functions delegated to it are deemed to be an act or thing done by the members.

Consequential Amendment to the Broadcasting Act

1710. Subsection 20(1) of the Broadcasting Act is replaced by the following:

20. (1) The Chairperson of the Commission may establish panels, each consisting of not fewer than three members of the Commission, to deal with, hear and determine any matter on behalf of the Commission.

Coming into Force

1711. Sections 1700 to 1710 come into force on a day to be fixed by order of the Governor in Council.

Canadian Space Agency Act

Amendments to the Act

1712. The definitions “Board” and “Executive Vice-President” in section 2 of the English version of the Canadian Space Agency Act are repealed.

1713. Subsection 12(3) of the Act is replaced by the following:

(3) In the event of the absence or incapacity of the President or a vacancy in that office, the Minister may appoint another person to act as President, but that person may only act as President for a period exceeding 90 days with the approval of the Governor in Council.

1714. Sections 13 to 15 of the Act are replaced by the following:

14. The President may be reappointed for a further term.

15. The President shall be paid any remuneration that may be fixed by the Governor in Council.

1715. The heading before section 19 and sections 19 to 22 of the Act are repealed.

Coming into Force

1716. Sections 1712 to 1715 come into force on a day to be fixed by order of the Governor in Council.

Canadian Tourism Commission Act

Amendments to the Act

1717. Section 8 of the Canadian Tourism Commission Act is replaced by the following:

8. The Board consists of not more than 12 directors, including a Chairperson and a Pres- ident.

1718. (1) Subsection 11(1) of the Act is replaced by the following:

11. (1) Up to nine directors shall be appointed by the Minister, with the approval of the Governor in Council.

(2) Subsections 11(3) to (5) of the Act are replaced by the following:

(3) The directors appointed under subsection (1) hold office during pleasure on a part-time basis for a term not exceeding four years.

1719. Section 12 of the Act is repealed.

1720. Section 16 of the Act is replaced by the following:

16. The Chairperson and the directors appointed under subsection 11(1) shall be paid the fees that the Governor in Council may fix.

1721. Section 25 of the Act is replaced by the following:

25. The Chairperson, the President, the directors appointed under subsection 11(1) and the employees of the Commission are deemed to be employees for the purposes of the Government Employees Compensation Act and to be employed in the federal public administration for the purposes of any regulations made under section 9 of the Aeronautics Act.

Coming into Force

1722. Sections 1717 to 1721 come into force on a day to be fixed by order of the Governor in Council.

Department of Human Resources and Skills Development Act

Amendment to the Act

1723. Subsections 20(1) and (2) of the Department of Human Resources and Skills Development Act are replaced by the following:

20. (1) The Canada Employment Insurance Commission is continued. It consists of four commissioners.

(2) The four commissioners shall be

(a) the Deputy Minister of Human Resources and Skills Development, who shall be the Chairperson of the Commission;

(b) an Associate Deputy Minister of Human Resources and Skills Development, who shall be the Vice-Chairperson of the Commission;

(c) a person appointed by the Governor in Council after consultation with organizations representative of workers; and

(d) a person appointed by the Governor in Council after consultation with organizations representative of employers.

Coming into Force

1724. Section 1723 comes into force on a day to be fixed by order of the Governor in Council.

Energy Supplies Emergency Act

Amendments to the Act

1725. Sections 3 and 4 of the Energy Supplies Emergency Act are replaced by the following:

3. (1) There is established a board, to be known as the Energy Supplies Allocation Board, consisting of a chairperson and not more than six other members.

(2) The Deputy Minister of Natural Resources is the Chairperson of the Board.

(3) The other members of the Board are appointed by the Governor in Council to hold office during pleasure.

4. The members of the Board, other than the Chairperson, shall be paid any remuneration that may be fixed by the Governor in Council and are entitled to be paid reasonable travel and living expenses incurred in the course of their duties while absent from their ordinary places of residence.

1726. Subsection 7(2) of the English version of the Act is replaced by the following:

(2) One of the members of the Board may be designated by the Governor in Council to be Vice-Chairperson and in the event of the absence or incapacity of the Chairperson or if the office of Chairperson is vacant, the Vice-Chairperson may exercise all the powers and perform all the functions of the Chairperson.

1727. The English version of the Act is amended by replacing “Chairman” with “Chairperson” in the following provisions:

(a) subsection 6(2);

(b) subsection 7(1); and

(c) section 12.

Coming into Force

1728. Sections 1725 to 1727 come into force on a day to be fixed by order of the Governor in Council.

Export Development Act

Amendment to the Act

1729. Section 3 of the Export Development Act is replaced by the following:

3. A corporation is established, to be known as Export Development Canada, consisting of a Board of Directors composed of 13 directors, including a Chairperson and a President.

Coming into Force

1730. Section 1729 comes into force on a day to be fixed by order of the Governor in Council.

Farm Products Agencies Act

Amendments to the Act

1731. (1) Subsection 3(1) of the Farm Products Agencies Act is replaced by the following:

3. (1) There is established a council, to be known as the National Farm Products Council, consisting of not less than three and not more than seven members to be appointed by the Governor in Council to hold office during pleasure.

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

(3) In making appointments under this section, the Governor in Council shall try to ensure equal representation from the four Western provinces, the two Central provinces and the four Atlantic provinces.

Coming into Force

1732. Section 1731 comes into force on a day to be fixed by order of the Governor in Council.

First Nations Fiscal and Statistical Management Act

Amendments to the Act

1733. Subsection 38(1) of the First Nations Fiscal and Statistical Management Act is replaced by the following:

38. (1) There is established a board, to be known as the First Nations Financial Management Board, to be managed by a board of directors consisting of a minimum of nine and a maximum of 13 directors, including a Chairperson and Vice-Chairperson.

1734. Subsection 41(1) of the Act is replaced by the following:

41. (1) The Governor in Council, on the recommendation of the Minister, shall appoint a minimum of five, and a maximum of nine, other directors to hold office during good behaviour for a term not exceeding five years, subject to removal by the Governor in Council at any time for cause.

1735. Subsection 94(1) of the Act is replaced by the following:

94. (1) The Institute shall be managed by a board of directors, consisting of 10 to 13 directors, including the Chairperson and Vice-Chairperson.

1736. Section 96 of the Act is replaced by the following:

96. On the recommendation of the Minister, the Governor in Council shall appoint a minimum of eight, and a maximum of 11, additional directors to hold office during pleasure for a term not exceeding five years.

Coming into Force

1737. Sections 1733 to 1736 come into force on a day to be fixed by order of the Governor in Council.

Freshwater Fish Marketing Act

Amendment to the Act

1738. Part II of the Freshwater Fish Marketing Act is repealed.

Coming into Force

1739. Section 1738 comes into force on a day to be fixed by order of the Governor in Council.

Historic Sites and Monuments Act

Amendments to the Act

1740. (1) The portion of subsection 4(1) of the Historic Sites and Monuments Act before paragraph (a) is replaced by the following:

4. (1) There is established a Board, to be called the Historic Sites and Monuments Board of Canada, consisting of 16 members as follows:

(2) Paragraph 4(1)(d) of the Act is replaced by the following:

(d) one representative for each province or territory, to be appointed by the Governor in Council.

1741. Subsection 5(4) of the Act is replaced by the following:

(4) Seven members of the Board constitute a quorum.

Coming into Force

1742. Sections 1740 and 1741 come into force on a day to be fixed by order of the Governor in Council.

International Boundary Commission Act

Amendments to the Act

1743. Section 2 of the International Boundary Commission Act is amended by adding the following in alphabetical order:

“Surveyor General” has the same meaning as in subsection 2(1) of the Canada Lands Surveys Act;

1744. Section 9 of the Act is replaced by the following:

9. The Surveyor General is the Canadian member of the Commission.

9.1 For the purposes of section 3 of the Crown Liability and Proceedings Act, the Canadian member of the Commission while acting within the scope of that member’s duties or employment is deemed to be a servant of the Crown.

Coming into Force

1745. Sections 1743 and 1744 come into force on a day to be fixed by order of the Governor in Council.

International Development Research Centre Act

Amendments to the Act

1746. (1) The definition “Chairman” in section 2 of the English version of the International Development Research Centre Act is repealed.

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

“Chairperson” means the Chairperson of the Board;

1747. Section 3 of the Act is replaced by the following:

3. A corporation is established, to be called the International Development Research Centre, consisting of a Board of Governors that is composed of a Chairperson, President and not more than 16 other governors.

1748. Subsection 5(1) of the English version of the Act is replaced by the following:

5. (1) The Chairperson of the Board shall be appointed by the Governor in Council to hold office during pleasure for a term not exceeding five years.

1749. Section 6 of the English version of the Act is replaced by the following:

6. (1) The Board shall elect one of the governors to be Vice-Chairperson of the Board.

(2) In the event of the absence or incapacity of the Chairperson, or if the office of Chairperson is vacant, the Vice-Chairperson of the Board has all the duties and may perform all the functions of the Chairperson.

1750. (1) Subsections 10(1) and (2) of the Act are replaced by the following:

10. (1) The Chairperson, the Vice-Chairperson and eight other governors must be Canadian citizens.

(2) At least 10 of the governors must have experience in the field of international development or experience or training in the natural or social sciences or technology.

(2) Subsection 10(3) of the English version of the Act is replaced by the following:

(3) Two of the governors who are Canadian citizens, other than the Chairperson and the Vice-Chairperson, may be appointed from among the members of the Senate or the House of Commons.

1751. Subsection 11(3) of the English version of the Act is replaced by the following:

(3) The Board shall appoint one of the members of the executive committee to be the chairperson of the executive committee.

1752. Subsection 16(2) of the English version of the Act is replaced by the following:

(2) The Chairperson shall preside at meetings of the Board.

1753. The English version of the Act is amended by replacing “Chairman” with “Chairperson” in the following provisions:

(a) subsection 5(3);

(b) subsection 8(1);

(c) subsection 11(1);

(d) subsection 16(1); and

(e) subsection 22(1).

Coming into Force

1754. Sections 1746 to 1753 come into force on a day to be fixed by order of the Governor in Council.

National Defence Act

Amendment to the Act

1755. Subsection 250.1(1) of the National Defence Act is replaced by the following:

250.1 (1) There is established a commission, called the Military Police Complaints Commission, consisting of a Chairperson and not more than four other members to be appointed by the Governor in Council.

Coming into Force

1756. Section 1755 comes into force on a day to be fixed by order of the Governor in Council.

National Research Council Act

Amendment to the Act

1757. Subsection 3(1) of the National Research Council Act is replaced by the following:

3. (1) There is established a Council, to be called the National Research Council of Canada, consisting of a president and not more than 18 other members to be appointed by the Governor in Council.

Coming into Force

1758. Section 1757 comes into force on a day to be fixed by order of the Governor in Council.

National Round Table on the Environment and the Economy Act

Amendment to the Act

1759. Section 3 of the National Round Table on the Environment and the Economy Act is replaced by the following:

3. There is established a corporation, to be called the National Round Table on the Environment and the Economy, consisting of a Chairperson and not more than 16 other members to be appointed as provided in section 6.

Coming into Force

1760. Section 1759 comes into force on a day to be fixed by order of the Governor in Council.

Natural Sciences and Engineering Research Council Act

Amendment to the Act

1761. Section 3 of the Natural Sciences and Engineering Research Council Act is replaced by the following:

3. There is established a corporation, to be called the Natural Sciences and Engineering Research Council, consisting of a president and not more than 18 other members to be appointed by the Governor in Council as provided in section 5.

Coming into Force

1762. Section 1761 comes into force on a day to be fixed by order of the Governor in Council.

Public Sector Pension Investment Board Act

Amendment to the Act

1763. Subsection 6(1) of the Public Sector Pension Investment Board Act is replaced by the following:

6. (1) The Board shall be managed by a board of directors of 11 directors, including the Chairperson.

Coming into Force

1764. Section 1763 comes into force on a day to be fixed by order of the Governor in Council.

Roosevelt Campobello International Park Commission Act

Amendment to the Act

1765. The Roosevelt Campobello International Park Commission Act is amended by adding the following after section 6:

Appointment of Alternate Members

6.1 The Governor in Council shall appoint no more than two of the alternate members to the Commission.

Coming into Force

1766. Section 1765 comes into force on a day to be fixed by order of the Governor in Council.

Social Sciences and Humanities Research Council Act

Amendment to the Act

1767. Section 3 of the Social Sciences and Humanities Research Council Act is replaced by the following:

3. There is established a corporation, to be called the Social Sciences and Humanities Research Council, consisting of a president and not more than 18 other members to be appointed by the Governor in Council as provided in section 5.

Coming into Force

1768. Section 1767 comes into force on a day to be fixed by order of the Governor in Council.

Standards Council of Canada Act

Amendments to the Act

1769. Paragraphs 3(a) to (d) of the Stand- ards Council of Canada Act are replaced by the following:

(a) the Chairperson and Vice-Chairperson of the Provincial-Territorial Advisory Committee established under subsection 20(1);

(b) the Chairperson of the Standards Development Organizations Advisory Committee established under subsection 21(1); and

(c) not more than 10 other persons to represent the private sector, including non-governmental organizations.

1770. Section 6 of the Act is replaced by the following:

6. (1) Each member of the Council, other than the persons referred to in paragraphs 3(a) and (b), shall be appointed by the Governor in Council, on the recommendation of the Minister, to hold office during pleasure for a term not exceeding four years in such a manner that will ensure, as far as possible, the expiration in any one year of the terms of office of not more than one half of the members.

(2) The members of the Council referred to in paragraph 3(c) must be representative of a broad spectrum of interests in the private sector and have the knowledge or experience necessary to assist the Council in the fulfilment of its mandate.

(3) The member of the Council referred to in paragraph 3(b) is a non-voting member of the Council.

1771. Section 16 of the Act is replaced by the following:

16. The Council is not an agent of Her Majesty and, except as provided in section 17, the members and the executive director and other officers and employees of the Council are not part of the federal public administration.

1772. Subsection 17(2) of the Act is replaced by the following:

(2) The Public Service Superannuation Act does not apply to the members of the Council.

Coming into Force

1773. Sections 1769 to 1772 come into force on a day to be fixed by order of the Governor in Council.

Status of the Artist Act

Amendment to the Act

1774. Section 4 of the Status of the Artist Act and the heading before it are repealed.

Coming into Force

1775. Section 1774 comes into force on a day to be fixed by order of the Governor in Council.

Division 2

North American Free Trade Agreement Implementation Act

Amendments to the Act

1776. Section 14 of the North American Free Trade Agreement Implementation Act is replaced by the following:

14. The Canadian Section of the Secretariat is established within the Department of Foreign Affairs and International Trade for the purpose of facilitating the operation of the Agreement, including the work of panels, committees and scientific review boards that may be established in accordance with the Agreement.

1777. Section 15 of the Act is replaced by the following:

15. (1) There shall be a Secretary of the Canadian Section of the Secretariat to be appointed in accordance with the Public Service Employment Act.

(2) The Secretary is responsible for fulfilling the mandate of the Section. In doing so, the Secretary shall

(a) provide assistance to the Free Trade Commission;

(b) provide administrative assistance to pan- els and committees established under Chapter Nineteen of the Agreement and panels established under Chapter Twenty of the Agreement;

(c) support — as the Free Trade Commission may direct — the work of other committees and groups established under the Agreement;

(d) otherwise facilitate — as the Free Trade Commission may direct — the operation of the Agreement; and

(e) supervise and direct the work of the Section.

Transitional Provisions

1778. (1) The following definitions apply in this section.

“former Section” means the Canadian Section of the Secretariat established by section 14 of the North American Free Trade Agreement Implementation Act as it read immediately before the coming into force of section 1776.

“new Section” means the Canadian Section of the Secretariat established by section 14 of the North American Free Trade Agreement Implementation Act as enacted by section 1776.

(2) The person occupying the position of Secretary of the former Section immediately before the day on which section 1776 comes into force becomes on that day the Secretary of the new Section and is deemed to have been appointed under section 15 of the North American Free Trade Agreement Implementation Act as enacted by section 1777.

(3) Nothing in section 1776 shall be construed as affecting the status of an officer or employee who, immediately before the coming into force of that section, occupied a position in the former Section, except that the officer or employee shall, on the coming into force of that section, occupy their position in the new Section.

(4) Any amount appropriated, for the fiscal year in which section 1776 comes into force, by an appropriation Act based on the Estimates for that year for defraying the charges and expenses of the federal public administration in respect of the former Section that, on the day on which that section comes into force, is unexpended, is deemed, on that day, to be an amount appropriated for defraying the charges and expenses of the federal public administration in respect of the new Section.

(5) Any power, duty or function described in section 15 of the North American Free Trade Agreement Implementation Act as enacted by section 1777 that is vested in or exercisable by the Secretary of the former Section immediately before the day on which that section comes into force is, as of that day, vested in and exercisable by the Secretary of the new Section. Any other power, duty or function that is vested in or exercisable by the Secretary of the former Section immediately before that day is, as of that day, vested in and exercisable by the Deputy Minister of Foreign Affairs.

(6) Any power, duty or function exercisable by an officer or employee of the former Section, immediately before the day on which section 1776 comes into force is, as of that day, exercisable by that officer or employee as officer or employee of the new Section.

Consequential Amendments to the Financial Administration Act

1779. Schedule I.1 to the Financial Administration Act is amended by striking out, in column I, the reference to:

NAFTA Secretariat — Canadian Section

and the corresponding reference in column II to “Minister for International Trade”.

1780. Schedule IV to the Act is amended by striking out the reference to:

NAFTA Secretariat — Canadian Section

1781. Part III of Schedule VI to the Act is amended by striking out, in column I, the reference to:

NAFTA Secretariat — Canadian Section

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

Consequential Amendment to the Special Import Measures Act

1782. The definition “Canadian Secretary” in subsection 2(1) of the Special Import Measures Act is replaced by the following:

“Canadian Secretary” means

(a) when Part I.1 is in force, the Secretary referred to in section 15 of the North American Free Trade Agreement Implementation Act, and

(b) when Part II is in force, the Secretary appointed under subsection 77.24(1);

Coming into Force

1783. Sections 1776 to 1782 come into force on a day to be fixed by order of the Governor in Council.

Division 3

The Intercolonial and Prince Edward Island Railways Employees’ Provident Fund Act

Repeal of the Act

1784. The The Intercolonial and Prince Edward Island Railways Employees’ Provident Fund Act, chapter 22 of the Statutes of Canada, 1906-07, is repealed.

Coming into Force

1785. Section 1784 comes into force on a day to be fixed by order of the Governor in Council.

PART 9

PENSION BENEFITS STANDARDS ACT, 1985

Amendments to the Act

1786. (1) The definition “participant ancien” in subsection 2(1) of the French version of the Pension Benefits Standards Act, 1985 is repealed.

(2) The definitions “administrator”, “multi-employer pension plan”, “pension benefit” and “termination” in subsection 2(1) of the Act are replaced by the following:

“administrator”, in relation to a pension plan, means the administrator referred to in section 7, and includes the replacement administrator appointed under subsection 7.6(1);

“multi-employer pension plan” means a pension plan organized and administered for employees of two or more employers whose contributions to the pension plan are determined under an agreement between the participating employers or a collective agreement, statute or regulation, if the pension plan provides pension benefits that are determined by periods of employment with any or all of the participating employers, but does not include a pension plan where more than 95% of the plan members are employed by participating employers who are incorporated and are affiliates within the meaning of the Canada Business Corporations Act;

“pension benefit” means a periodic amount to which, under the terms of a pension plan, a member or former member, or the spouse, common-law partner, survivor or designated beneficiary or estate or succession of a member or former member, is or may become entitled;

“termination”, in relation to a pension plan, means the situations described in subsections 29(1), (2), (2.1) and (4.2);

(3) The definitions “former member” and “ “office” and “officer” ” in subsection 2(1) of the English version of the Act are replaced by the following:

“former member”, in relation to a pension plan, means

(a) except in sections 9.2 and 24 and paragraph 28(1)(b.1), a person who, on or after January 1, 1987, has either ceased membership in the plan or retired;

(b) in section 9.2 and paragraph 28(1)(b.1), a person who has either ceased membership in the plan or retired and has not, before the termination of the whole of the plan,

(i) transferred their pension benefit credit under section 26,

(ii) used their pension benefit credit to purchase a life annuity under section 26, or

(iii) had their pension benefits transferred to another pension plan; or

(c) in section 24, a person who, before, on or after January 1, 1987, has either ceased membership in the plan or retired;

“office” means the position of an individual entitling that individual to a fixed or ascertainable stipend or remuneration, and includes the position of an officer or director of a corporation or other organization and of an agent or mandatary acting for a principal or mandator, and “officer” means a person holding such a position;

(4) Subsection 2(1) of the Act is amended by adding the following in alphabetical order:

“actuary” means a Fellow of the Canadian Institute of Actuaries;

“plan year”, in respect of a pension plan, means a calendar year, unless otherwise specified in the plan;

“variable benefit” means a pension benefit payable in the form of a variable payment out of the pension fund;

“workout agreement” means an agreement that establishes a funding schedule that has been approved by the Minister under section 29.3;

(5) Subsection 2(1) of the French version of the Act is amended by adding the following in alphabetical order:

1787. Section 3 of the Act is replaced by the following:

3. The requirements of this Act and the regulations shall not be construed as preventing the registration or operation of a pension plan containing provisions that are more advantageous to members of the plan, former members or potential members or their spouses, common-law partners, designated beneficiaries, estates or successions.

1788. (1) Paragraph 5(2)(c) of the Act is replaced by the following:

(c) disclose information gathered under paragraph (a) or (b) or subsection 9.01(6) or filed under subsection 9.01(5) or section 10, 10.1 or 12 to any government agency or regulatory body.

(2) Section 5 of the Act is amended by adding the following after subsection (2):

(3) Any approval, authorization, consent or permission of the Superintendent given under this Act may be subject to terms and conditions.

1789. Paragraph 7.5(2)(b) of the Act is replaced by the following:

(b) require the administrator to invite members, former members or any other persons entitled to pension benefits under the pension plan to attend the meeting; and

1790. The Act is amended by adding the following after section 7.5:

7.6 (1) If the administrator of a pension plan is insolvent or unable to act or the Superintendent is of the opinion that it is in the best interests of the members or former members, or any other persons entitled to pension benefits under the plan, that the administrator be removed, the Superintendent may remove the administrator and appoint a replacement administrator. A replacement administrator may recover their reasonable fees and expenses from the pension fund.

(2) The Superintendent must notify a replaced administrator of their removal as soon as feasible.

(3) The replacement administrator is seized of the pension fund as of the date of the notification under subsection (2).

(4) If the whole of a pension plan is terminated, the replacement administrator must, on receiving approval of the termination report under subsection 29(10), give notice to the members, former members and any other persons who are entitled to pension benefits under the pension plan of the replacement administrator’s intention to distribute the assets of the plan in accordance with the report.

(5) The replacement administrator must publish the notice in the Canada Gazette and, except as otherwise directed by the Superintendent, once a week for two consecutive weeks in one or more newspapers in general circulation in each province.

(6) The members, former members and any other persons who were entitled to pension benefits under the pension plan immediately before the appointment of the replacement administrator are subrogated to those rights and claims of the replacement administrator that the replacement administrator has elected in writing not to pursue. They may maintain an action in respect of those rights and claims in their own name.

(7) The Superintendent may discharge the replacement administrator when the assets of the pension plan have been distributed in accord- ance with this Act and the regulations.

1791. (1) The portion of subsection 8(1) of the English version of the Act before paragraph (a) is replaced by the following:

8. (1) An employer shall ensure, with respect to its pension plan, that the following amounts are kept separate and apart from the employer’s own moneys, and the employer is deemed to hold the amounts referred to in paragraphs (a) to (c) in trust for members of the pension plan, former members, and any other persons entitled to pension benefits under the plan:

(2) Paragraph 8(1)(b) of the Act is replaced by the following:

(b) an amount equal to the aggregate of the following payments that have accrued to date:

(i) the prescribed payments, and

(ii) the payments that are required to be made under a workout agreement; and

(3) The portion of paragraph 8(1)(c) of the English version of the Act before subparagraph (i) is replaced by the following:

(c) all of the following amounts that have not been remitted to the pension fund:

(4) The portion of subsection 8(1) of the Act after subparagraph (c)(i) is replaced by the following:

(ii) other amounts due to the pension fund from the employer, including any amounts that are required to be paid under subsection 9.14(2) or 29(6).

(5) Subsection 8(3) of the Act is replaced by the following:

(3) The administrator shall administer the pension plan and pension fund as a trustee for the employer, the members of the pension plan, former members, and any other persons entitled to pension benefits under the plan.

1792. The Act is amended by adding the following before section 9:

Required Funding

1793. (1) Subsection 9(1) of the Act is replaced by the following:

9. (1) A pension plan shall be funded in accordance with the prescribed tests and standards for solvency.

(1.1) In respect of a pension plan that is not a multi-employer pension plan, the employer shall pay into the pension fund all amounts required to meet the prescribed tests and standards for solvency.

(1.2) In respect of a multi-employer pension plan, each participating employer shall pay into the pension fund all contributions that they are required to pay under an agreement between participating employers or a collective agreement, statute or regulation.

(2) The portion of subsection 9(2) of the Act before paragraph (a) is replaced by the following:

(2) In the case of an actuarial report required under subsection 12(2), if the Superintendent is of the opinion that the report has not been prepared

1794. The Act is amended by adding the following after section 9:

9.01 (1) If the Superintendent is of the opinion that it is in the best interests of the members or former members, or any other persons entitled to pension benefits under a pension plan, the Superintendent may designate an actuary to prepare, in accordance with subsection 12(3.1), an actuarial report or a termination report required under subsection 12(2) or 29(9), respectively, and to provide the administrator with the report within the period specified by the Superintendent.

(2) The Superintendent must notify the administrator in writing of the designation. If the administrator is not the employer, the administrator must notify the employer in writing.

(3) The administrator and employer must, if requested to do so, provide the designated actuary with any information in their possession or control that the designated actuary considers necessary for the preparation of the report.

(4) Before finalizing the report, the designated actuary must provide the administrator with a copy of the draft report and give the administrator an opportunity to submit comments.

(5) The administrator must file with the Superintendent the report prepared by the designated actuary within the period specified by the Superintendent.

(6) If the administrator fails to file the report within the specified period, the Superintendent may require the designated actuary to provide a copy of the report.

(7) If the administrator has already filed the report in respect of which an actuary is designated, subsection 9(2) does not apply to that report and the designated actuary’s report replaces it.

(8) A pension plan must be funded in accordance with the report prepared by the designated actuary, once the report has been filed under subsection (5) or provided to the Superintendent under subsection (6).

(9) The administrator must pay out of the pension fund the reasonable fees and expenses of the designated actuary that are associated with the preparation of the report.

1795. The Act is amended by adding the following after section 9.1:

Letters of Credit

9.11 (1) Subject to the regulations, an employer may provide a trustee with, or transfer to a trust, a letter of credit made out to the trustee for the benefit of the pension plan, instead of paying into the pension fund an amount that is required to be paid under subsection 9(1.1).

(2) As soon as feasible after the letter of credit is issued, the employer must provide the administrator with a copy of it.

(3) The employer may not obtain a letter of credit in respect of an amount that it has deducted from members’ remuneration.

(4) Subsection (1) does not apply in respect of a pension plan that has been terminated in whole.

9.12 The employer must ensure that the letter of credit and the trust agreement comply with this Act and the regulations and must, at any intervals or times and in the form that the Superintendent directs, provide the Superintendent and the administrator with a written statement confirming that compliance.

9.13 (1) The trustee must hold the letter of credit in trust for the pension plan.

(2) The trustee must file with the Superintendent any information in respect of a letter of credit that the Superintendent requires at any intervals or times that the Superintendent directs.

(3) No civil action lies against the trustee for having, in good faith and in accordance with the regulations, on the direction of the employer, allowed the letter of credit to be cancelled or its face value to be reduced.

9.14 (1) In the prescribed circumstances, the trustee must make a demand to the issuer for payment into the pension fund of an amount equal to the face value of the letter of credit.

(2) If the issuer fails to honour the letter of credit, the employer must pay an amount equal to its face value into the pension fund without delay.

(3) Subsection 8(1) does not apply to an amount in respect of which the employer has obtained a letter of credit unless the issuer fails to honour the letter of credit.

(4) In the event of any liquidation, assignment or bankruptcy of the employer, an amount equal to the amount of a letter of credit that has not been honoured by the issuer is deemed to be separate from and form no part of the estate in liquidation, assignment or bankruptcy.

9.15 The costs that are associated with obtaining, holding, amending or cancelling a letter of credit may not be paid out of the pension fund.

Crown Corporations

9.16 If the employer is a Crown corporation, a payment that it is required to make under subsection 9(1.1) may be reduced, provided the payment does not relate to any amount that the employer has deducted from members’ remuneration and the prescribed conditions have been met.

Surplus

1796. (1) The portion of subsection 9.2(1) of the Act before paragraph (a) is replaced by the following:

9.2 (1) If an actuarial report prepared by a designated actuary or filed under subsection 12(2) indicates that there is a surplus, no part of that surplus may be refunded to the employer unless

(2) Paragraph 9.2(1)(b) of the Act is replaced by the following:

(b) the requirements of the regulations made under paragraph 39(1)(h.1) are met; and

(3) Subsections 9.2(4) and (5) of the Act are replaced by the following:

(4) Subject to subsection (5), if more than one half but fewer than two thirds of the persons in each of the categories referred to in subsection (3) consented to the proposal, the employer may, or if the whole of the pension plan is terminated shall, submit the proposal to arbitration. The employer shall notify the Superintendent and the persons in those categories if the proposal is to be submitted to arbitration.

(5) The employer’s claim to the surplus, or part of it, shall be submitted to arbitration within 18 months after the termination of the whole of the pension plan, or any longer period specified by the Superintendent, if

(a) the employer has not established a claim to the surplus; and

(b) the employer is in the process of being liquidated.

The employer shall notify the Superintendent and the persons in the categories referred to in subsection (3) that the claim is to be submitted to arbitration.

1797. Subsection 10.1(2) of the Act is replaced by the following:

(2) Unless the Superintendent authorizes the amendment, an amendment is void or, in Quebec, null if

(a) it would have the effect of reducing

(i) pension benefits accrued before the date of the amendment or pension benefit credits relating to pension benefits accrued before the date of the amendment, or

(ii) an immediate or deferred pension benefit to which a member, former member or any other person was entitled before the date of the amendment;

(b) the solvency ratio of the pension plan would fall below the prescribed solvency ratio level;

(c) the amendment would reduce the solvency ratio of the pension plan and the solvency ratio would be below the prescribed solvency ratio level once the amendment is made; or

(d) the solvency ratio of the pension plan is below the prescribed solvency ratio level and the amendment would increase pension benefits or pension benefit credits.

1798. The Act is amended by adding the following after section 10.1:

10.11 The administrator of a multi-employer pension plan may, subject to section 10.1 and despite the terms of the pension plan, make an amendment to any document referred to in paragraph 10(1)(a) or (b) that would have the effect of reducing pension benefits or pension benefit credits.

1799. Section 10.2 of the Act is replaced by the following:

10.2 Subject to section 26, the administrator may transfer or permit the transfer of any part of the assets of the pension plan that relate to defined benefit provisions to another pension plan, including a pension plan to which this Act does not apply, only with the Superintendent’s permission.

1800. Subsection 11(4) of the Act is replaced by the following:

(4) If, in the opinion of the Superintendent, the length of time required for representations to be made under subsection (3) might be prejudicial to the interests of the members, former members or any other persons entitled to pension benefits under the pension plan, the Superintendent may make a direction with respect to the matters referred to in subsection (1) or (2) that has effect for a period of not more than 15 days.

1801. (1) Subsections 12(1) to (3) of the Act are replaced by the following:

12. (1) The administrator of a pension plan shall file with the Superintendent — annually or at any other intervals or times that the Superintendent directs — an information return relating to that pension plan, containing the prescribed information, in any form that the Superintendent directs.

(2) The administrator of a pension plan shall file with the Superintendent actuarial reports, financial statements, and any other information required by or under the regulations at any intervals or times that the Superintendent directs.

(3) The employer shall file with the Superintendent any information required by or under the regulations at any intervals or times that the Superintendent directs.

(2) Subsection 12(4) of the French version of the Act is replaced by the following:

1802. Section 13 of the Act is replaced by the following:

13. The administrator of a pension plan must provide the members, former members and any other persons entitled to pension benefits under the plan with any information that the Superintendent specifies, at the time and in the manner specified by the Superintendent.

1803. (1) Paragraph 16.1(3)(b) of the Act is replaced by the following:

(b) in the case of a person who was receiving a joint and survivor pension benefit prior to the phased retirement period, the person’s spouse or common-law partner who would receive that joint and survivor pension benefit on the death of the person consents in the prescribed form to the cessation of the payment of the joint and survivor pension benefit;

(2) Paragraph 16.1(3)(e) of the Act is replaced by the following:

(e) the whole of the pension plan from which the phased retirement benefit is to be paid has not been terminated.

1804. The Act is amended by adding the following after section 16.1:

Variable Benefit

16.2 (1) Subject to the regulations, a pension plan may provide that a member or former member who is entitled to an immediate pension benefit under subsection 16(1) or eligible to receive an immediate pension benefit under subsection 16(2) may elect to receive a variable benefit payable under a defined contribution provision.

(2) A member or former member may make the election only if

(a) their spouse or common-law partner notifies the administrator of their consent, in the prescribed form; and

(b) the whole of the pension plan has not been terminated at the time the election is made.

(3) Section 22 does not apply to a variable benefit.

16.3 (1) In the case of the death of a former member who had a spouse or common-law partner at the time payment of a variable benefit referred to in subsection 16.2(1) commenced, the survivor is entitled to receive, subject to the regulations and the regulations made under the Income Tax Act, a variable benefit payable under a defined contribution provision based on the amount remaining in the former member’s account maintained in respect of the defined contribution provision.

(2) If a former member dies without leaving a survivor, the amount remaining in the former member’s account maintained in respect of a defined contribution provision is to be paid, subject to the regulations made under the Income Tax Act, to the former member’s designated beneficiary or, if there is none, to the former member’s estate or succession.

16.4 (1) At least once every year, or more frequently if the pension plan permits, a former member or their survivor may elect

(a) to transfer the amount remaining to another pension plan, including a plan referred to in paragraph 26(5)(a) or (b), if that other plan permits;

(b) to transfer the amount remaining to a retirement savings plan of the prescribed kind for the former member or survivor, as the case may be; or

(c) to use the amount remaining to purchase an immediate or deferred life annuity of the prescribed kind for the former member or survivor, as the case may be.

The former member or survivor must notify the administrator of their intention to make such an election in the prescribed form and the administrator must, without delay, take the necessary action to give effect to the notification.

(2) If the survivor notifies the administrator of their intention to do so, in the prescribed form, within 90 days after the former member’s death or, if the Superintendent allows a longer period under paragraph 28(1)(d), within 60 days after the administrator has given the written statement under that paragraph, the survivor may also

(a) transfer the amount remaining to another pension plan, including a plan referred to in paragraph 26(5)(a) or (b), if that other plan permits;

(b) transfer the amount remaining to a retirement savings plan of the prescribed kind for the survivor; or

(c) use the amount remaining to purchase an immediate or deferred life annuity of the prescribed kind for the survivor.

The administrator must, without delay, take the necessary action to give effect to the notification.

1805. Section 17 of the Act is replaced by the following:

17. A pension plan must provide that any member of the plan is entitled, on cessation of membership in the plan,

(a) to a deferred pension benefit, based on the member’s period of employment and salary up to the time of cessation of membership, and calculated in a similar manner and payable on the same terms and conditions as the immediate pension benefit — other than that provided by additional voluntary contributions — that the member would have been eligible to receive under the plan if they had attained pensionable age; and

(b) to any other benefit or option, based on the member’s period of employment and salary up to the time of cessation of membership, and calculated in a similar manner and payable on the same terms and conditions as the benefit or option to which, if the member had remained a member of the plan until pensionable age, the member would have been entitled under the terms of the plan that are required or permitted by subsections 16(2), (4) and (6) and sections 22 to 25 and 27.

1806. (1) Paragraph 18(1)(c) of the Act is replaced by the following:

(c) with respect to a person who has been a member for a continuous period of at least two years, that, except as provided in section 26, that person — if they are entitled to a benefit described in section 16 or 17 or would be entitled to the benefit if they retired or ceased membership in the plan — is not permitted to withdraw any part of their contributions to the plan, other than additional voluntary contributions, in respect of any period of membership in the plan on or after October 1, 1967 for which they are entitled to the benefit, and that any pension fund moneys attributable to those contributions shall be applied under the terms of the plan toward the payment of the benefit.

(2) Paragraph 18(2)(a) of the Act is repealed.

1807. Section 20 of the Act and the heading before it are repealed.

1808. Section 21 of the Act is replaced by the following:

21. (1) Subject to paragraph 26(3)(b), if a member of a defined benefit plan retires, ceases to be a member or dies or if the whole or part of the plan is terminated, the pension benefit in respect of the member is to be increased by the amount, if any, by which the aggregate of the member’s contributions, other than additional voluntary contributions, together with interest in accordance with section 19, exceeds 50 per cent of the pension benefit credit in respect of the member’s membership in the plan.

(2) Subsection (1) does not apply to a contribution, or the pension benefit arising from it, in respect of any defined contribution provision of a defined benefit plan.

(3) Subsection (1) does not apply if a defined benefit plan provides for annual indexation of a deferred pension benefit, up to the day when payment of that deferred pension benefit commences, on the basis of

(a) increases of at least 75 per cent of the annual increase of the Consumer Price Index, minus one per cent; or

(b) any other formula that, in the Superintendent’s opinion, would provide protection that on the average would be comparable to that described in paragraph (a).

(4) For the purposes of paragraph (3)(a),

(a) the “Consumer Price Index” means the Consumer Price Index for Canada, as published by Statistics Canada under the authority of the Statistics Act; and

(b) the annual increase of the Consumer Price Index must be calculated, in prescribed manner, by the comparison between two consecutive and reasonably current 12-month periods.

1809. (1) Subsection 23(1) of the Act is replaced by the following:

23. (1) In the case of the death of a member or former member of a pension plan who is entitled to a deferred pension benefit under section 17, or, in the case of a member, would be entitled to that benefit if the member ceased membership in the plan, the member’s or former member’s survivor is entitled to the pension benefit credit, calculated in accordance with section 21, to which the member or former member would have been entitled on the day of death if they had terminated employment on that day and had not died.

(1.1) If a member or former member dies without leaving a survivor, the pension benefit credit referred to in subsection (1) is to be paid to the member’s or former member’s designated beneficiary or, if there is none, to their estate or succession.

(2) Subsections 23(3) and (4) of the Act are repealed.

(3) The portion of subsection 23(6) of the Act before paragraph (b) is replaced by the following:

(6) Subject to subsection (7), a defined benefit plan may provide for the reduction of the benefit payable under subsection (1) or (2) by an amount equal to that part of the group life insurance payment that can be considered to have been paid by employer premiums, calculated in a manner satisfactory to the Superintendent, if

(a) in the circumstances described in subsection (1) or (2), a survivor is entitled to a payment under a group life insurance plan on the death of the member or former member of the pension plan;

1810. The heading before section 25 of the Act is replaced by the following: