Bill C-13

Coming into Force

145. Sections 137 and 142 to 144 come into force on January 1, 2012.

PART 4

FACILITATING LOW VALUE IMPORTS

Customs Tariff

146. The List of Tariff Provisions set out in the schedule to the Customs Tariff is amended by adding, in numerical order, the tariff provisions set out in Schedule 3 to this Act.

Coming into Force

147. This Part comes into force on January 1, 2012.

PART 5

CANADA EDUCATION SAVINGS ACT

Amendments to the Act

148. (1) Section 5 of the Canada Education Savings Act is amended by adding the following after subsection (6):

(6.1) If, in a month following January in a particular year, an individual who was not the primary caregiver of a beneficiary in January of that year becomes the beneficiary’s primary caregiver, then the adjusted income to be used for the purposes of subsection (4) in respect of contributions made to the trustee of the trust designated by that individual is the adjusted income used to determine the amount of a child tax benefit for the first month in the particular year in respect of which the individual’s eligibility for the child tax benefit has been established.

(6.2) In applying subsection (6.1) in respect of a beneficiary for whom the individual becomes the beneficiary’s primary caregiver in December, the reference to “the first month in the particular year in respect of which the individual’s eligibility for the child tax benefit has been established” in that subsection is to be read as a reference to “January of the next year”.

(2) Subsection 5(7) of the French version of the Act is replaced by the following:

(3) Section 5 of the Act is amended by adding the following after subsection (7):

(7.1) If there is more than one primary caregiver of the beneficiary at the time a contribution is made, the amount referred to in subsection (4) is to be paid to the trustee of the trust designated under subsection (7) to which a contribution is first made.

(7.2) For greater certainty, if there is more than one primary caregiver of the beneficiary and the total of all amounts paid under subsection (4) to the trustee of the trust to which a contribution is first made is less than the maximum amount that may be paid under that subsection, then amounts may be paid under that subsection to the trustee of a trust designated by any primary caregiver of the beneficiary.

Coming into Force

149. This Part is deemed to have come into force on July 1, 2011.

PART 6

CHILDREN’S SPECIAL ALLOWANCES

Children’s Special Allowances Act

150. (1) The portion of paragraph 3(1)(a) of the Children’s Special Allowances Act after subparagraph (ii) is replaced by the following:

and who resides in an institution, a group foster home, the private home of foster parents or in the private home of a guardian, tutor or other individual occupying a similar role for the month, under a decree, order or judgment of a competent tribunal; or

(2) Paragraph 3(1)(a) of the Act, as amended by subsection (1), applies to special allowances payable for months after December 2011.

Children’s Special Allowance Regulations

151. (1) Section 9 of the Children’s Special Allowance Regulations is replaced by the following:

9. For the purposes of the Act, a child is considered to be maintained by an applicant in a month if

(a) the applicant, at the end of the month, provides for the child’s care, maintenance, education, training and advancement to a greater extent than any other department, agency or institution or any person; or

(b) the applicant is an entity referred to in paragraph 3(1)(a) or (b) of the Act that has applied in respect of a child who

(i) was formerly in the care of foster parents or was formerly maintained by an entity referred to in paragraph 3(1)(a) or (b) of the Act, and

(ii) has been placed in the permanent or temporary custody of a guardian, tutor or other individual occupying a similar role for the month, under a decree, order or judgment of a competent tribunal who has received financial assistance from the applicant for the month in respect of the child’s maintenance.

(2) Section 9 of the Regulations, as enacted by subsection (1), applies to special allow-ances payable for months after December 2011.

PART 7

FEDERAL FINANCIAL ASSISTANCE FOR STUDENTS

Canada Student Financial Assistance Act

152. Subsection 2(2) of the Canada Student Financial Assistance Act is replaced by the following:

(2) In this Act, the words and expressions “borrower”, “consolidated student loan agreement”, “course”, “family income”, “family physician”, “financial assistance”, “full-time student”, “loan year”, “nurse”, “nurse practitioner”, “part-time student”, “period of studies”, “post-secondary school level”, “program of studies”, “severe permanent disability”, “student loan”, “student loan agreement” and “under-served rural or remote community” have the meanings assigned by the regulations.

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

FAMILY PHYSICIANS, NURSES AND NURSE PRACTITIONERS IN UNDER-SERVED RURAL OR REMOTE COMMUNITIES

9.2 (1) The Minister may forgive an amount in respect of a student loan to a borrower who begins to work in an under-served rural or remote community as a family physician, nurse or nurse practitioner, if the borrower meets the prescribed conditions.

(2) The forgiveness takes effect on the prescribed day.

(3) For the purposes of subsection (1), the Minister may enter into an agreement with a lender for the purchase of a student loan made by the lender.

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

13. The aggregate amount of student loans made under this Act that are outstanding may not exceed the prescribed amount.

155. (1) Paragraph 15(1)(f.1) of the Act is replaced by the following:

(f.1) respecting the circumstances in which an amount on account of principal or interest is not required to be paid in respect of student loans;

(2) Subsection 15(1) of the Act is amended by adding the following after paragraph (o):

(o.1) prescribing the amount that may be forgiven in respect of a year under section 9.2 in respect of a student loan;

(o.2) prescribing the maximum number of years in respect of which amounts may be forgiven under section 9.2 in respect of a student loan;

(3) Section 15 of the Act is amended by adding the following after subsection (1):

(1.1) On the Minister’s recommendation with the Minister of Finance’s concurrence, the Governor in Council may make regulations, for the purposes of section 13,

(a) prescribing the aggregate amount of outstanding student loans that may not be exceeded; and

(b) prescribing the student loans that are to be considered for the purposes of determining, at a given time, the aggregate amount of outstanding student loans.

156. (1) Paragraph 17.1(1)(a) of the Act is replaced by the following:

(a) deny the person financial assistance for a prescribed period;

(2) Subsection 17.1(6) of the Act is replaced by the following:

(6) The Minister may not take any measure under subsection (1) or (2) later than six years after the day on which he or she becomes aware of the false statement or misrepresentation or the false or misleading information.

Canada Student Loans Act

157. The Canada Student Loans Act is amended by adding the following after section 11:

FAMILY PHYSICIANS, NURSES AND NURSE PRACTITIONERS IN UNDER-SERVED RURAL OR REMOTE COMMUNITIES

11.1 (1) The Minister may forgive an amount in respect of a guaranteed student loan to a borrower who begins to work in an under-served rural or remote community as a family physician, nurse or nurse practitioner, if the borrower meets the prescribed conditions.

(2) The forgiveness takes effect on the prescribed day.

(3) For the purposes of subsection (1), the Minister may enter into an agreement with a lender for the purchase of a guaranteed student loan made by the lender.

158. (1) Paragraph 17(k.1) of the Act is replaced by the following:

(k.1) respecting the circumstances in which an amount on account of principal or interest is not required to be paid in respect of guaranteed student loans;

(2) Paragraph 17(r) of the Act is replaced by the following:

(q.2) prescribing the amount that may be forgiven in respect of a year under section 11.1 in respect of a guaranteed student loan;

(q.3) prescribing the maximum number of years in respect of which amounts may be forgiven under section 11.1 in respect of a guaranteed student loan;

(r) defining the expressions “family physician”, “full-time student”, “nurse”, “nurse practitioner”, “part-time student”, “responsible officer of a lender” and “under-served rural or remote community” for the purposes of this Act;

Coming into Force

159. (1) Sections 152 and 153, subsections 155(1) and (2) and sections 157 and 158 come into force on a day to be fixed by order of the Governor in Council.

(2) Section 154 and subsection 155(3) come into force on a day to be fixed by order of the Governor in Council.

PART 8

EMPLOYMENT INSURANCE ACT

160. (1) Section 96 of the Employment Insurance Act is amended by adding the following after subsection (8.6):

(8.7) If an employer’s premium is $10,000 or less for 2010, the Minister shall refund to the employer a portion of the premium for 2011 determined by the following formula if that amount is more than $2:

P2 – P1

where

P1      is the amount of the employer’s premium in 2010; and

P2      is the amount of the employer’s premium in 2011.

(8.8) For the purposes of subsection (8.7), P1 is equal to zero if a person was not required to pay an employer’s premium in 2010.

(8.9) A refund under subsection (8.7) shall not exceed $1,000.

(2) Section 96 of the Act is amended by adding the following after subsection (13):

(13.1) Despite subsection (13), no interest shall be paid on refunds payable under subsection (8.7).

PART 9

GAS TAX FUND — FINANCING MUNICIPAL INFRASTRUCTURE

161. On the requisition of the Minister set out in Schedule I.1 of the Financial Administration Act with respect to the Office of Infrastructure of Canada, there may be paid out of the Consolidated Revenue Fund for each fiscal year beginning on or after April 1, 2014, in accordance with the terms and conditions approved by the Treasury Board, a sum of not more than $2,000,000,000 to provinces, territories, municipalities, municipal associations, provincial, territorial and municipal entities and First Nations for the purpose of municipal, regional and First Nations infrastructure.

PART 10

CANADIAN SECURITIES REGULATION REGIME TRANSITION OFFICE ACT

162. Subsection 14(1) of the Canadian Securities Regulation Regime Transition Office Act is replaced by the following:

14. (1) The Minister may make direct payments, in an aggregate amount not exceeding $33,000,000, or any other amount that may be specified in an appropriation Act, to the Transition Office for its use.

PART 11

WAGE EARNER PROTECTION PROGRAM ACT

Amendment to the Act

163. Paragraph (a) of the definition “eligible wages” in subsection 2(1) of the Wage Earner Protection Program Act is replaced by the following:

(a) wages other than severance pay and termination pay that were earned during the longer of the following periods:

(i) the six-month period ending on the first day on which there was a receiver in relation to the former employer, and

(ii) the period beginning on the day that is six months before the day on which a proposal under Division I of Part III of the Bankruptcy and Insolvency Act is filed by or in respect of the employer or the day on which proceedings under the Companies’ Creditors Arrangement Act are commenced and ending on the date of the bankruptcy or the first day on which there was a receiver in relation to the former employer; and

Transitional Provision

164. The Wage Earner Protection Program Act, as amended by section 163, applies

(a) in respect of wages owing to an individual by an employer who becomes bankrupt after June 5, 2011; 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 as defined in subsection 243(2) of the Bankruptcy and Insolvency Act, after June 5, 2011.

PART 12

AMENDMENTS RELATING TO EMPLOYMENT

Canadian Human Rights Act

165. Subsection 9(2) of the Canadian Human Rights Act is repealed.

166. Paragraph 15(1)(c) of the Act is repealed.

Canada Labour Code

167. Paragraph 235(2)(b) of the Canada Labour Code is repealed.

Conflict of Interest Act

168. Section 15 of the Conflict of Interest Act is amended by adding the following after subsection (1):

(1.1) Despite paragraph (1)(a), for the purpose of maintaining his or her employment opportunities or ability to practice his or her profession on leaving public office, a reporting public office holder may engage in employment or the practice of a profession in order to retain any licensing or professional qualifications or standards of technical proficiency necessary for that purpose if

(a) the reporting public office holder does not receive any remuneration; and

(b) the Commissioner is of the opinion that it is not incompatible with the reporting public office holder’s duties as a public office holder.

Coming into Force

169. Sections 165 to 167 come into force one year after the day on which this Act receives royal assent.

PART 13

JUDGES ACT

170. Paragraph 22(2.1)(b) of the Judges Act is replaced by the following:

(b) the four other judges, $232,300 each.

PART 14

NORDION AND THERATRONICS DIVESTITURE AUTHORIZATION ACT

171. Despite section 12 of the Nordion and Theratronics Divestiture Authorization Act, section 9 of that Act is deemed to have come into force on April 20, 1993.

PART 15

CANADA PENSION PLAN

Amendments to the Act

172. The definitions “employer” and “employment” in subsection 2(1) of the Canada Pension Plan are replaced by the following:

“employer” means a person liable to pay salary, wages or other remuneration in relation to employment, and, in relation to an officer, includes the person from whom the officer receives their remuneration;

“employment” means the state of being employed under an express or implied contract of service or apprenticeship, and includes the tenure of an office;

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

8. (1) Every employee who is employed by an employer in pensionable employment shall, by deduction as provided in this Act from the remuneration in respect of the pensionable employment paid to the employee by the employer, make an employee’s contribution for the year in which the remuneration is paid to the employee of an amount equal to the product obtained when the contribution rate for employees for the year is multiplied by the lesser of

174. The portion of subsection 9(1) of the Act before paragraph (a) is replaced by the following:

9. (1) Every employer shall, in respect of each employee employed by the employer in pensionable employment, make an employer’s contribution for the year in which remuneration in respect of the pensionable employment is paid to the employee of an amount equal to the product obtained when the contribution rate for employers for the year is multiplied by the lesser of

175. Subsection 21(1) of the Act is replaced by the following:

21. (1) Every employer paying remuneration to an employee employed by the employer at any time in pensionable employment shall deduct from that remuneration as or on account of the employee’s contribution for the year in which the remuneration in respect of the pensionable employment is paid to the employee any amount that is determined in accordance with prescribed rules and shall remit that amount, together with any amount that is prescribed with respect to the contribution required to be made by the employer under this Act, to the Receiver General at any time that is prescribed and, if at that prescribed time the employer is a prescribed person, the remittance shall be made to the account of the Receiver General at a financial institution (within the meaning that would be assigned by the definition “financial institution” in subsection 190(1) of the Income Tax Act if that definition were read without reference to its paragraphs (d) and (e)).

Coming into Force

176. This Part is deemed to have come into force on January 1, 2006.

PART 16

JOBS AND ECONOMIC GROWTH ACT

177. Section 1679 of the Jobs and Economic Growth Act is amended by replacing the subsection 10(4) that it enacts with the following:

(4) Subsections (1) and (2) do not apply to a chief executive if he or she declares, after giving notice to the Chief Human Resources Officer appointed under subsection 6(2.1) of the Financial Administration Act, that it is not practical to apply those subsections given the size of that portion of the public sector.

178. Subsection 1680(1) of the Act is amended by replacing the subsections 38.1(1) and (2) that it enacts with the following:

38.1 (1) Within 60 days after the end of each financial year, each chief executive must prepare and submit to the Chief Human Resources Officer appointed under subsection 6(2.1) of the Financial Administration Act 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 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.

PART 17

DEPARTMENT OF VETERANS AFFAIRS ACT

179. The Department of Veterans Affairs Act is amended by adding the following after section 1:

INTERPRETATION

1.1 For the purposes of this Act, “dependant” means the spouse or common-law partner or child of any person referred to in subparagraph 4(a)(i), or any other person who provided or received care or support, financial or otherwise, to or from that person.

180. Paragraph 5(c) of the Act is replaced by the following:

(c) respecting the care, treatment or other benefits to be provided or that the Minister will pay for in whole or in part, the circumstances in which the Minister will pay in whole or in part and the circumstances in which the Minister may cease to pay in whole or in part;

PART 18

CANADA ELECTIONS ACT

Amendments to the Act

181. Subsection 435.01(2) of the Canada Elections Act is replaced by the following:

(2) An allowance fund for a quarter is the product of the number of valid votes cast in the election referred to in subsection (1) multiplied by the applicable following number:

(a) $0.3825, for the quarter that begins on April 1, 2012 and the three following quarters;

(b) $0.255, for the quarter that begins on April 1, 2013 and the three following quarters; and

(c) $0.1275, for the quarter that begins on April 1, 2014 and the three following quarters.

Coming into Force

182. This Part comes into force on April 1, 2012.

PART 19

SPECIAL RETIREMENT ARRANGEMENTS

Special Retirement Arrangements Act

183. Section 15 of the Special Retirement Arrangements Act is replaced by the following:

15. Every person who is subject to a retirement compensation arrangement that is designated by the regulations is required to contribute to the Retirement Compensation Arrangements Account, by reservation from the person’s salary, from any benefit that is or becomes payable to, or in respect of, that person or otherwise, in the manner and under the circumstances prescribed in respect of that arrangement, at the rate or rates established by the regulations in respect of that arrangement.

An act to amend certain acts in relation to pensions and to enact the Special Retirement Arrangements Act and the Pension Benefits Division Act

184. Despite subsection 109(1) of An Act to amend certain Acts in relation to pensions and to enact the Special Retirement Arrangements Act and the Pension Benefits Division Act, chapter 46 of the Statutes of Canada, 1992, (in this section referred to as the “amending Act”) and Order in Council P.C. 1994-2097, made on December 14, 1994 and registered as SI/94-146,

(a) subsections 2(4) and 6(2), sections 8, 11 and 18, subsection 33(2), sections 40 and 41, subsection 48(1) and sections 61, 68 and 70 of the amending Act are deemed to have come into force on December 15, 1994;

(b) paragraph 42.1(1)(a) of the Public Service Superannuation Act, as enacted by section 22 of the amending Act, is deemed to have come into force on December 15, 1994;

(c) paragraph 50.1(1)(a) of the Canadian Forces Superannuation Act, as enacted by section 49 of the amending Act, is deemed to have come into force on December 15, 1994;

(d) paragraph 26.1(1)(a) of the Royal Canadian Mounted Police Superannuation Act, as enacted by section 77 of the amending Act, is deemed to have come into force on December 15, 1994; and

(e) section 106 of the amending Act is deemed to have come into force on December 14, 1994.

PART 20

MOTOR VEHICLE SAFETY ACT

185. Section 7 of the Motor Vehicle Safety Act is amended by adding the following after subsection (1):

(1.1) Sections 5 and 6 do not apply to a resident of Canada who imports a vehicle that is licensed in the United States if the vehicle is rented in the United States from a vehicle rental business and is being imported into Canada for non-commercial purposes.

(1.2) A resident of Canada who imports a vehicle under subsection (1.1) shall remove the vehicle from Canada within a period of 30 days, or any other prescribed period, beginning on the day on which the vehicle is imported.

(1.3) If, within the period referred to in subsection (1.2), the resident of Canada delivers the vehicle to a vehicle rental business in Canada with the consent of the business, then the vehicle rental business shall remove the vehicle from Canada before the end of that period.

(1.4) For greater certainty, if a vehicle rental business is required under subsection (1.3) to remove the vehicle from Canada, subsection (1.2) does not apply to the resident of Canada.

(1.5) The Governor in Council may make regulations

(a) respecting vehicles imported under subsection (1.1);

(b) respecting the importation or removal of vehicles under subsections (1.1) to (1.4); and

(c) defining, for the purposes of those subsections, any term used in them.

186. (1) The portion of subsection 17(1) of the Act before paragraph (a) is replaced by the following:

17. (1) Every corporation that contravenes any provision of this Act or the regulations

(2) The portion of subsection 17(2) of the Act before paragraph (a) is replaced by the following:

(2) Every individual who contravenes any provision of this Act or the regulations

PART 21

FEDERAL-PROVINCIAL FISCAL ARRANGEMENTS ACT

187. The portion of section 8.4 of the Federal-Provincial Fiscal Arrangements Act before paragraph (a) is replaced by the following:

8.4 If there is a sales tax harmonization agreement with the government of a province, the appropriate minister may pay to the province out of amounts received in a fiscal year under Part IX of the Excise Tax Act

188. Section 8.7 of the Act is renumbered as subsection 8.7(1) and is amended by adding the following:

(2) Payments that were made before the date on which the Keeping Canada’s Economy and Jobs Growing Act was assented to and that could have been authorized under section 8.4, as amended by that Act, if that version of section 8.4 had been in force on the date those payments were made are, for greater certainty, ratified and confirmed and all actions taken in respect of those payments are ratified and confirmed.

PART 22

DEPARTMENT OF HUMAN RESOURCES AND SKILLS DEVELOPMENT ACT

189. Subsection 27(2) of the Department of Human Resources and Skills Development Act is replaced by the following:

(2) The Chairperson and Vice-Chairperson shall reside in the National Capital Region or at the place designated by the Governor in Council under subsection (1), or within reasonable commuting distance of that region or place.