Bill C-38
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R.S., c. P-21
Privacy Act
1992, c. 33, s. 70
576. The schedule to the Privacy Act is amended by striking out the following under the heading “OTHER GOVERNMENT INSTITUTIONS”:
Canadian Artists and Producers Professional Relations Tribunal
Tribunal canadien des relations professionnelles artistes-producteurs
Coming into Force
Order in council
577. This Division comes into force on a day to be fixed by order of the Governor in Council.
Division 40
1993, c. 31
National Round Table on the Environment and the Economy Act
Amendment to the Act
578. The National Round Table on the Environment and the Economy Act is amended by adding the following after section 5:
Disposal of assets
5.1 (1) The Round Table is authorized to sell or otherwise dispose of all or substantially all of its assets and to do everything necessary for or incidental to the closing out of its affairs.
Debts and liabilities
(2) The Round Table shall apply any proceeds from the disposal of its assets in satisfaction of its debts and liabilities.
Directions
5.2 (1) The Minister may give directions to the Round Table to do anything that in his or her opinion is necessary
(a) in respect of the exercise of its powers under section 5; and
(b) to sell or otherwise dispose of all or substantially all of its assets, satisfy its debts and liabilities, manage its expenses or otherwise close out its affairs.
Directions binding
(2) The Round Table shall, despite any other provision of this Act, comply with the directions.
Transitional Provisions
Definition of “Round Table”
579. For the purpose of sections 580 to 585, “Round Table” means the National Round Table on the Environment and the Economy established by section 3 of the National Round Table on the Environment and the Economy Act.
Appointments terminated
580. (1) Members of the Round Table appointed under subsection 6(1) or (2) of the National Round Table on the Environment and the Economy Act cease to hold office on the coming into force of this subsection.
No compensation
(2) Despite the provisions of any contract, agreement or order, no person appointed to hold office as a member of the Round Table has any right to claim or receive any compensation, damages, indemnity or other form of relief from Her Majesty in right of Canada or from any employee or agent of Her Majesty for ceasing to hold that office or for the abolition of that office by the operation of this Division.
References
581. Every reference to the Round Table in a deed, contract, agreement or other document executed by the Round Table in its own name is to be read as a reference to Her Majesty in right of Canada, unless the context requires otherwise.
Surplus
582. Any surplus that remains after the satisfaction of the debts and liabilities of the Round Table on the day on which section 593 comes into force belongs to Her Majesty in right of Canada.
Unsatisfied debts and liabilities
583. Any debts and liabilities of the Round Table that remain unsatisfied on the day on which section 593 comes into force become the debts and liabilities of Her Majesty in right of Canada.
Commencement of legal proceedings
584. Any action, suit or other legal proceeding in respect of an obligation or liability incurred by the Round Table may be brought against Her Majesty in right of Canada in any court that would have had jurisdiction if the action, suit or other legal proceeding had been brought against the Round Table.
Continuation of legal proceedings
585. Any action, suit or other legal proceeding to which the Round Table is a party that is pending in any court immediately before the day on which section 593 comes into force may be continued by or against Her Majesty in right of Canada in like manner and to the same extent as it could have been continued by or against the Round Table.
Consequential Amendments
R.S., c. A-1
Access to Information Act
1993, c. 31, s. 24
586. Schedule I to the Access to Information Act is amended by striking out the following under the heading “OTHER GOVERNMENT INSTITUTIONS”:
National Round Table on the Environment and the Economy
Table ronde nationale sur l’environnement et l’économie
R.S., c. F-11
Financial Administration Act
1993, c. 31, s. 25
587. Schedule II to the Financial Administration Act is amended by striking out the following:
National Round Table on the Environment and the Economy
Table ronde nationale sur l’environnement et l’économie
2003, c. 22, s. 11
588. Schedule V to the Act is amended by striking out the following:
National Round Table on the Environment and the Economy
Table ronde nationale sur l’environnement et l’économie
2006, c. 9, s. 270
589. Part III of Schedule VI to the Act is amended by striking out, in column I, the reference to
National Round Table on the Environment and the Economy
Table ronde nationale sur l’environnement et l’économie
and the corresponding reference in column II to “President”.
R.S., c. P-21
Privacy Act
1993, c. 31, s. 26
590. The schedule to the Privacy Act is amended by striking out the following under the heading “OTHER GOVERNMENT INSTITUTIONS”:
National Round Table on the Environment and the Economy
Table ronde nationale sur l’environnement et l’économie
R.S., c. P-36
Public Service Superannuation Act
1993, c. 31, s. 27
591. Part I of Schedule I to the Public Service Superannuation Act is amended by striking out the following:
National Round Table on the Environment and the Economy
Table ronde nationale sur l’environnement et l’économie
1991, c. 30
Public Sector Compensation Act
592. Schedule I to the Public Sector Compensation Act is amended by striking out the following under the heading “OTHER PORTIONS OF THE PUBLIC SERVICE”:
National Round Table on the Environment and the Economy
Table ronde nationale sur l’environnement et l’économie
Repeal
Repeal
593. The National Round Table on the Environment and the Economy Act, chapter 31 of the Statutes of Canada, 1993, is repealed.
Coming into Force
Order in council
594. Sections 579 to 593 come into force on a day to be fixed by order of the Governor in Council.
Division 41
1993, c. 38
Telecommunications Act
Amendments to the Act
2010, c. 12, s. 2184(1)
595. (1) Subsections 16(1) to (3) of the Telecommunications Act are replaced by the following:
Definitions
16. (1) The following definitions apply in this section.
“entity”
« entité »
« entité »
“entity” means a corporation, partnership, trust or joint venture.
“joint venture”
« coentreprise »
« coentreprise »
“joint venture” means an association of two or more entities, if the relationship among those associated entities does not, under the laws in Canada, constitute a corporation, a partnership or a trust and if all the undivided ownership interests in the assets of the Canadian carrier or in the voting interests of the Canadian carrier are or will be owned by all the entities that are so associated.
“voting interest”
« intérêt avec droit de vote »
« intérêt avec droit de vote »
“voting interest”, with respect to
(a) a corporation with share capital, means a voting share;
(b) a corporation without share capital, means an ownership interest in the assets of the corporation that entitles the owner to rights similar to those enjoyed by the owner of a voting share; and
(c) a partnership, trust or joint venture, means an ownership interest in the assets of the partnership, trust or joint venture that entitles the owner to receive a share of the profits and to share in the assets on dissolution.
Eligibility
(2) A Canadian carrier is eligible to operate as a telecommunications common carrier if
(a) it is an entity incorporated, organized or continued under the laws of Canada or a province and is Canadian-owned and controlled;
(b) it owns or operates only a transmission facility that is referred to in subsection (5); or
(c) it has annual revenues from the provision of telecommunications services in Canada that represent less than 10% of the total annual revenues, as determined by the Commission, from the provision of telecommunications services in Canada.
Canadian ownership and control
(3) For the purposes of paragraph (2)(a), an entity is Canadian-owned and controlled if
(a) in the case of a corporation, not less than 80% of the members of the board of directors are individual Canadians;
(b) Canadians beneficially own, directly or indirectly, in the aggregate and otherwise than by way of security only, not less than 80% of the entity’s voting interests; and
(c) the entity is not otherwise controlled by persons that are not Canadians.
(2) Subsection 16(4) of the French version of the Act is replaced by the following:
Interdiction
(4) Il est interdit à l’entreprise canadienne d’agir comme entreprise de télécommunication si elle n’y est pas admise aux termes du présent article.
2010, c. 12, s. 2184(2)
(3) The portion of subsection 16(5) of the Act before paragraph (a) is replaced by the following:
Exemption
(5) Paragraph (2)(a) and subsection (4) do not apply in respect of the ownership or operation of
(4) Section 16 of the Act is amended by adding the following after subsection (5):
Exception
(6) A Canadian carrier that is eligible to operate under paragraph (2)(c) remains eligible to operate even if it has annual revenues from the provision of telecommunications services in Canada that represent 10% or more of the total annual revenues from the provision of telecommunications services in Canada as long as the increase in its annual revenues from the provision of telecommunications services in Canada to 10% or more of the total annual revenues from the provision of telecommunications services in Canada did not result from the acquisition of control of another Canadian carrier or from the acquisition of assets used by another Canadian carrier to provide telecommunications services.
Acquisition
(7) A Canadian carrier to which subsection (6) applies is not authorized to acquire control of a Canadian carrier or acquire assets used by another Canadian carrier to provide telecommunications services.
Notice
(8) A Canadian carrier that is eligible to operate under paragraph (2)(c) shall notify the Commission when it acquires control of another Canadian carrier or acquires assets used by another Canadian carrier to provide telecommunications services.
Affiliates
(9) For the purposes of determining annual revenues from the provision of telecommunications services in Canada under this section, the annual revenues of a Canadian carrier include the annual revenues from the provision of telecommunications services in Canada of its affiliates as defined in subsection 35(3).
596. Section 41.2 of the Act is amended by striking out “and” at the end of paragraph (a), by adding “and” at the end of paragraph (b) and by adding the following after that paragraph:
(c) conduct investigations to determine whether there has been a contravention of any order made under that section.
597. The Act is amended by adding the following after section 41.2:
Fees
41.21 (1) The Commission may make regulations prescribing fees, and respecting their calculation and payment, to be paid by any person who acquires information from the databases or the information, administrative or operational systems referred to in section 41.2 for the purpose of recovering all or a portion of the costs that the Commission determines to be attributable to its responsibilities under that section and that are not recovered under any regulation made under section 68.
Debt due to Her Majesty
(2) Fees required to be paid under this section constitute a debt due to Her Majesty in right of Canada and may be recovered in a court of competent jurisdiction.
Prepublication of regulations
(3) The Commission shall publish any regulations that it proposes to make under subsection (1) and shall give interested persons a reasonable opportunity to make representations to the Commission with respect to the proposed regulations.
Modification after publication
(4) Proposed regulations that are modified after publication need not be published again under subsection (3).
2005, c. 50, s. 1
598. Subsection 41.3(1) of the Act is replaced by the following:
Delegation of powers
41.3 (1) The Commission may, in writing and on specified terms, delegate to any person, including any body created by the Commission for that purpose, any of its powers under section 41.2 and the power to collect fees that it prescribes under subsection 41.21(1).
2005, c. 50, s. 1
599. Subsection 41.4(2) of the Act is repealed.
600. The Act is amended by adding the following after section 41.4:
Financial Administration Act does not apply
41.41 (1) Despite the Financial Administration Act, money collected by a delegate is deemed not to be public money.
Exception — fees
(2) However, any fees that are prescribed under subsection 41.21(1) and collected by the delegate are public money when they are paid to the Receiver General.
Coordinating Amendments
2010, c. 23
601. (1) In this section, “other Act” means An Act to promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance on electronic means of carrying out commercial activities, and to amend the Canadian Radio-television and Telecommunications Commission Act, the Competition Act, the Personal Information Protection and Electronic Documents Act and the Telecommunications Act, chapter 23 of the Statutes of Canada, 2010.
(2) If section 90 of the other Act comes into force before section 596 of this Act, then sections 596 to 600 of this Act are repealed.
(3) If section 90 of the other Act comes into force on the same day as section 596 of this Act, then sections 596 to 600 of this Act are deemed to have come into force before that section 90.
Division 42
1995, c. 44
Employment Equity Act
602. Subsection 42(2) of the Employment Equity Act is replaced by the following:
Federal Contractors Program
(2) The Minister is responsible for the administration of the Federal Contractors Program for Employment Equity.
Division 43
1996, c. 23
Employment Insurance Act
Amendments to the Act
2001, c. 5, s. 3(1)
603. (1) Paragraphs 4(2)(a) and (b) of the Employment Insurance Act are replaced by the following:
(a) the average for the 12-month period ending on April 30 in the preceding year of the Average Weekly Earnings for each month in that period
by
(b) the ratio that the average for the 12-month period ending on April 30 in that preceding year of the Average Weekly Earnings for each month in that 12-month period bears to the average for the 12-month period ending 12 months prior to April 30 of that preceding year of the Average Weekly Earnings for each month in that 12-month period ending 12 months prior to April 30 of that preceding year.
2001, c. 5, s. 3(1)
(2) Subsection 4(3) of the Act is replaced by the following:
Subsequent years
(3) For years subsequent to the year in which the maximum yearly insurable earnings exceeds $39,000, before rounding down under subsection (4), the maximum yearly insurable earnings is the maximum yearly insurable earnings for the preceding year, before rounding down under that subsection, multiplied by the ratio that the average for the 12-month period ending on April 30 in that preceding year of the Average Weekly Earnings for each month in that 12-month period bears to the average for the 12-month period ending 12 months prior to April 30 of that preceding year of the Average Weekly Earnings for each month in that 12-month period ending 12 months prior to April 30 of that preceding year.
604. Subsections 14(2) to (4.1) of the Act are replaced by the following:
Weekly insurable earnings
(2) A claimant’s weekly insurable earnings are their insurable earnings in the calculation period divided by the number of weeks determined in accordance with the following table by reference to the applicable regional rate of unemployment.
table
|
Regional Rate of Unemployment
|
Number of Weeks
|
|---|---|
|
not more than 6%
|
22
|
|
more than 6% but not more than 7%
|
21
|
|
more than 7% but not more than 8%
|
20
|
|
more than 8% but not more than 9%
|
19
|
|
more than 9% but not more than 10%
|
18
|
|
more than 10% but not more than 11%
|
17
|
|
more than 11% but not more than 12%
|
16
|
|
more than 12% but not more than 13%
|
15
|
|
more than 13%
|
14
|
Insurable earnings
(3) Insurable earnings in the calculation period are equal to the total of the following amounts established and calculated in accord-ance with the regulations:
(a) the claimant’s insurable earnings during the calculation period including those from insurable employment that has not ended but not including any insurable earnings paid or payable to the claimant by reason of lay-off or separation from employment in the qualifying period; and
(b) the insurable earnings paid or payable to the claimant, during the qualifying period, by reason of lay-off or separation from employment.
Calculation period
(4) The calculation period of a claimant is the number of weeks, whether consecutive or not, determined in accordance with the table set out in subsection (2) by reference to the applicable regional rate of unemployment, in the claimant’s qualifying period for which he or she received the highest insurable earnings.
2001, c. 34, s. 41(E)
605. Subsections 27(2) and (3) of the Act are replaced by the following:
Employment not suitable
(2) For the purposes of this section, employment is not suitable employment for a claimant if it arises in consequence of a stoppage of work attributable to a labour dispute.
606. Subsection 42(3) of the Act is replaced by the following:
Exception — payment to other governments
(3) If the Government of Canada, a provincial or municipal government or any other prescribed authority pays a person an advance or assistance or a welfare payment for a week that would not be paid if unemployment benefits were paid for that week, and unemployment benefits subsequently become payable to that person for that week, the Commission may, subject to the regulations, deduct from those or any subsequent benefits and pay to the government or the prescribed authority an amount equal to the amount of the advance, assistance or welfare payment paid, if the person had, on or before receiving the advance, assistance or welfare payment, consented to the deduction and payment by the Commission.
607. The Act is amended by adding the following after section 46:
Limitation
46.01 No amount is payable under section 45, or deductible under subsection 46(1), as a repayment of an overpayment of benefits if more than 36 months have elapsed since the lay-off or separation from the employment in relation to which the earnings are paid or payable and, in the opinion of the Commission, the administrative costs of determining the repayment would likely equal or exceed the amount of the repayment.
608. (1) Section 54 of the Act is amended by adding the following after paragraph (k):
(k.1) establishing criteria for defining or determining what constitutes suitable employment for different categories of claimants for the purposes of any provision of this Act;
(k.2) establishing criteria for defining or determining what constitutes reasonable and customary efforts for the purposes of subsection 50(8);
(2) Clause 54(z)(i)(A) of the Act is replaced by the following:
(A) weeks are to be considered as weeks for which a claimant has insurable earnings during a calculation period, including the number of those weeks to be considered in that period, and
(3) Subparagraph 54(z)(ii) of the Act is replaced by the following:
(ii) for allocating insurable earnings to a calculation period, for example by including them in that period or excluding them from that period;
2008, c. 28, s. 127; 2010, c. 12, s. 2204(1)
609. (1) Subsection 66(1) of the Act is replaced by the following:
Annual premium rate setting
66. (1) Subject to subsection (7) and section 66.3, the Board shall set the premium rate for each year in order to generate just enough premium revenue during that year to ensure that at the end of that year the total of the amounts credited to the Employment Insurance Operating Account after December 31, 2008 is equal to the total of the amounts charged to that Account after that date.
(2) Subsection 66(1) of the Act, as enacted by subsection (1), is replaced by the following:
Annual premium rate setting
66. (1) Subject to subsection (7) and section 66.3, the Board shall set the premium rate for each year in order to generate just enough premium revenue to ensure that, at the end of the seven-year period that begins at the beginning of that year, the total of the amounts credited to the Employment Insurance Operating Account after December 31, 2008 is equal to the total of the amounts charged to that Account after that date.
2008, c. 28, s. 127; 2010, c. 12, s. 2204(1)
(3) Paragraphs 66(2)(b) and (c) of the Act are replaced by the following:
(b) the amount by which the Board’s financial assets exceed its financial liabilities;
2008, c. 28, s. 127; 2010, c. 12, s. 2204(1)
(4) Paragraph 66(2)(e) of the Act is replaced by the following:
(e) any changes, announced by the Minister on or before July 31 in a year, to payments to be made under paragraph 77(1)(a), (b) or (c) during the following year; and
2008, c. 28, s. 127; 2010, c. 12, s. 2204(2)
(5) Subsections 66(4) to (7) of the Act are replaced by the following:
Difference year to year
(7) The premium rate may not be increased or decreased by more than five one-hundredths of one per cent (0.05%) from one year to the next.
(6) Section 66 of the Act is amended by adding the following after subsection (7):
Non-application
(7.1) Despite subsection (7), the premium rate may be decreased by more than five one-hundredths of one per cent (0.05%) from the year in which this subsection comes into force to the next year.
2008, c. 28, s. 127
(7) Subsection 66(9) of the Act is replaced by the following:
Time limit
(9) On or before September 14 in a year, the Board shall set the premium rate for the following year.
2008, c. 28, s. 127; 2010, c. 12, s. 2204(3)
610. (1) The portion of subsection 66.1(1) of the Act before paragraph (a) is replaced by the following:
Information provided
66.1 (1) The Minister shall, on or before July 31 in a year, provide the Board with the following information:
2008, c. 28, s. 127; 2010, c. 12, s. 2204(3)
(2) Paragraphs 66.1(1)(a) and (b) of the Act are replaced by the following:
(a) if the Minister has made an announcement referred to in paragraph 66(2)(e), the forecast change in the amount of the payments to be made during each of the following seven years under paragraph 77(1)(a), (b) or (c), as the case may be;
(b) the forecast costs to be paid under paragraphs 77(1)(d) and (f) during each of the following seven years, including any forecast change in those costs resulting from any change to the payments referred to in paragraph (a);
2008, c. 28, s. 127
611. (1) The portion of subsection 66.2(1) of the Act before paragraph (a) is replaced by the following:
Information provided
66.2 (1) The Minister of Finance shall, on or before July 31 in a year, provide the Board with the following information:
2008, c. 28, s. 127
(2) Paragraph 66.2(1)(a) of the Act is replaced by the following:
(a) the most current available forecast values of the economic variables that are relevant to the determination under section 66 of a premium rate for the following year;
2008, c. 28, s. 127
612. (1) The portion of subsection 66.3(1) of the Act before paragraph (a) is replaced by the following:
Governor in Council
66.3 (1) On the joint recommendation of the Minister and the Minister of Finance, the Governor in Council may, on or before September 30 in a year,
2008, c. 28, s. 127
(2) Paragraph 66.3(1)(b) of the Act is replaced by the following:
(b) if the Board has not set a premium rate under that section by September 14 in the year, set one for the following year.
2008, c. 28, s. 128
613. Section 70.1 of the Act is repealed.
2008, c. 28, s. 130; 2010, c. 12, s. 2205
614. (1) The portion of subsection 77.1(1) of the Act before paragraph (a) is replaced by the following:
Forecasts and estimates
77.1 (1) On or before July 31 in a year,
2008, c. 28, s. 130; 2010, c. 12, s. 2205
(2) The portion of subsection 77.1(2) of the Act before the formula is replaced by the following:
Payment to Board
(2) A payment in the amount determined under subsection (3) is to be made on or before August 31 in a year to the Board out of the Consolidated Revenue Fund, on the requisition of the Minister of Finance, and charged to the Employment Insurance Operating Account if
2008, c. 28, s. 130; 2010, c. 12, s. 2205
(3) The portion of subsection 77.1(4) of the Act before the formula is replaced by the following:
Payment by Board
(4) A payment in the amount determined under subsection (5) is to be made on or before August 31 in a year, or at any later date that the Minister of Finance may specify, by the Board to the Consolidated Revenue Fund and credited to the Employment Insurance Operating Account if
2008, c. 28, s. 130; 2010, c. 12, s. 2205
(4) The portion of subsection 77.1(5) of the Act before the formula is replaced by the following:
Amount of payment by Board
(5) For the purpose of subsection (4), the amount of the payment is an amount equal to the lesser of the amount of the Board’s financial assets less its financial liabilities and the amount calculated in accordance with the following formula:
615. (1) Section 96 of the Act is amended by adding the following after subsection (4):
No refund
(4.1) No refund shall be made to a person under subsection (4) if the person is also a self-employed person to whom Part VII.1 applies and the person’s total earnings from insurable employment and from self-employment calculated in accordance with that Part are more than $2,000 in a year.
(2) Subsection 96(5) of the Act is replaced by the following:
Refund — insurable earnings over $2,000
(5) If a person who is not a self-employed person to whom Part VII.1 applies has insurable earnings of more than $2,000 in a year, but the insurable earnings minus the aggregate of all deducted amounts mentioned in subsection (4) are less than $2,000, the Minister shall refund to the person an amount calculated in accordance with the following formula if that amount is more than $1:
$2,000 – (IE – P)
where
IE is the person’s insurable earnings in the year; and
P is the aggregate of all deducted amounts mentioned in subsection (4).
Refund — combined earnings over $2,000
(5.1) If a person has insurable earnings and is also a self-employed person to whom Part VII.1 applies and the person’s total earnings from insurable employment and from self-employment calculated under that Part are more than $2,000 in a year, but the total earnings minus the aggregate of all deducted amounts mentioned in subsection (4) and the premiums payable under section 152.21 are less than $2,000, the Minister shall refund to the person the lesser of the following amounts if that amount is more than $1:
(a) the aggregate of all deducted amounts mentioned in subsection (4), and
(b) the amount calculated in accordance with the following formula
$2,000 – (TE –TP)
where
TE is the person’s total earnings from insurable employment and from self-employment calculated under Part VII.1; and
TP is the aggregate of all deducted amounts mentioned in subsection (4) and the premiums payable under section 152.21.
Transitional Provision
Transitional
616. Section 14 of the Employment Insurance Act, as amended by section 604, applies only to claimants whose benefit period is established on or after April 7, 2013.
2008, c. 28, s. 121
Consequential Amendments to the Canada Employment Insurance Financing Board Act
617. Paragraph 4(b) of the Canada Employment Insurance Financing Board Act is repealed.
618. (1) The portion of subsection 14(3) of the Act before paragraph (a) is replaced by the following:
Duties
(3) The chief actuary shall prepare actuarial forecasts and estimates for the purposes of section 66 of the Employment Insurance Act and shall, on or before August 31 in each year, provide the board of directors with
(2) Paragraph 14(3)(b) of the Act is replaced by the following:
(b) the forecast fair market value at the end of the following year of the Board’s financial assets less its financial liabilities;
Coming into Force
April 7, 2013
619. (1) Section 604 and subsections 608(2) and (3) come into force on April 7, 2013.
Order in council
(2) Sections 605 and 607 come into force on a day to be fixed by order of the Governor in Council.
January 1
(3) Subsections 609(2) and (6), 610(2) and 611(2) come into force on January 1 of the first year for which the Canada Employment Insurance Financing Board reports that, by the end of that year, according to its chief actuary’s projections, the total of the amounts credited to the Employment Insurance Operating Account after December 31, 2008, will be equal to or greater than the total of the amounts charged to that Account after that date.
Division 44
1997, c. 36
Customs Tariff
Amendments to the Act
620. The Description of Goods of tariff item No. 2710.19.91 in the List of Tariff Provisions set out in the schedule to the Customs Tariff is amended by striking out the reference to “; Oils and preparations thereof, having a viscosity of 7.44 mm2/sec. or more at 37.8° C”.
621. The Description of Goods of tariff item No. 2710.20.10 in the List of Tariff Provisions set out in the schedule to the Act is amended by striking out the reference to “; Oils and preparations thereof, having a viscosity of 7.44 mm2/sec. or more at 37.8° C”.
622. The Description of Goods of tariff item No. 9804.10.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing the reference to “four hundred dollars” with a reference to “eight hundred dollars”.
623. The Description of Goods of tariff item No. 9804.20.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing the reference to “seven hundred and fifty dollars” with a reference to “eight hundred dollars”.
624. The Description of Goods of tariff item No. 9804.40.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing the reference to “fifty dollars” with a reference to “two hundred dollars”.
Coming into Force
March 30, 2012
625. (1) Sections 620 and 621 are deemed to have come into force on March 30, 2012.
June 1, 2012
(2) Sections 622 to 624 come into force on June 1, 2012.
Division 45
1998, c. 10
Canada Marine Act
626. Subsection 8(5) of the Canada Marine Act is replaced by the following:
When Governor in Council approval required
(5) Any provisions of letters patent relating to limits on a port authority’s power to borrow money on its credit for port purposes shall be approved by the Governor in Council, on the recommendation of the Minister and the Minister of Finance, before the letters patent are issued.
Division 46
1999, c. 24
First Nations Land Management Act
627. Subsection 2(1) of the First Nations Land Management Act is amended by adding the following in alphabetical order:
“Surveyor General”
« arpenteur général »
« arpenteur général »
“Surveyor General” has the same meaning as in subsection 2(1) of the Canada Lands Surveys Act.
628. Paragraph 6(1)(a) of the Act is replaced by the following:
(a) a description of the land that is to be subject to the land code that the Surveyor General may prepare or cause to be prepared or any other description that is, in the Surveyor General’s opinion, sufficient to identify those lands;
629. The Act is amended by adding the following after section 6:
Survey not mandatory
6.1 If the Surveyor General prepares or causes to be prepared a description of lands under paragraph 6(1)(a), the Surveyor General may, if he or she considers it appropriate, survey or have those lands surveyed in accordance with the Canada Lands Surveys Act.
630. (1) The portion of subsection 7(1) of the Act before paragraph (a) is replaced by the following:
Excluded land
7. (1) Despite subsection 6(1), a portion of a reserve may be excluded from the application of a land code if
(2) Subsection 7(3) of the Act is repealed.
631. The Act is amended by adding the following after section 7:
Exclusion — boundaries of reserve uncertain
7.1 (1) Despite subsection 6(1), land may be excluded from the application of a land code if it is uncertain whether the land is located within the boundaries of the reserve.
Land subject to lease, other interest or right
(2) If the exclusion of the land would have the effect of placing the administration of a lease, other interest or a right in that land in more than one land management regime, then all the land that is subject to that lease, other interest or right shall be excluded from the application of the land code.
Limitation — effects of exclusion
(3) The exclusion of the land does not preclude the First Nation or Her Majesty from asserting in an action, a lawsuit or other proceeding that the land is part of the reserve.
Inclusion of previously excluded land
7.2 A First Nation shall amend the description of First Nation land in its land code to include a portion of a reserve excluded under subsection 7(1) or land excluded under subsection 7.1(1) if the First Nation and the Minister agree that the condition that justified the exclusion no longer exists, and the individual agreement shall be amended accordingly.
632. Subsection 13(1) of the Act is replaced by the following:
Copy and declaration
13. (1) If a First Nation votes to approve a land code and an individual agreement, its council shall, after the conclusion of the vote, send to the verifier
(a) without delay, a copy of the approved code and a declaration that the code and agreement were approved in accordance with section 12; and
(b) as soon as the circumstances permit, a copy of the individual agreement signed by the First Nation and the Minister.
633. The portion of subsection 14(1) of the English version of the Act before paragraph (a) is replaced by the following:
Certification
14. (1) The verifier shall, after receiving the documents referred to in subsection 13(1), certify the validity of the land code unless the verifier, after giving the First Nation and the Minister a reasonable opportunity to make submissions on the matter but within 10 days after the conclusion of the vote, is of the opinion that
634. Subsection 15(1) of the Act is replaced by the following:
Coming into force
15. (1) Subject to subsection (1.1), a land code comes into force and has the force of law on the day on which it is certified or on any other later date that may be specified in or under the land code, and judicial notice shall be taken of the land code in any proceedings from the date of the coming into force of that land code.
Limitation
(1.1) A land code is not to come into force before the day on which the individual agreement is signed by the First Nation and the Minister.
635. Section 21 of the Act is replaced by the following:
Environmental protection regime
21. (1) After the coming into force of a land code, a First Nation shall, to the extent provided in the Framework Agreement, develop and implement through First Nation laws an environmental protection regime. The regime must be developed in accordance with the terms and conditions set out in the Framework Agreement.
Minimum standards
(2) The standards of environmental protection established by First Nation laws and the punishments imposed for failure to meet those standards must be at least equivalent in their effect to any standards established and punishments imposed by the laws of the province in which the First Nation land is situated.
Environmental assessment regime
(3) First Nation laws respecting environmental assessment must, to the extent provided in the Framework Agreement, establish, in accordance with that Agreement, an environmental assessment regime that is applicable to all projects carried out on First Nation land that are approved, regulated, funded or undertaken by the First Nation.
636. Section 45 of the Act is replaced by the following:
Addition of band name
45. (1) The Governor in Council may, by order, add the name of a band to the schedule if he or she is satisfied that the signing of the Framework Agreement on the band’s behalf has been duly authorized and that the Framework Agreement has been signed.
Coming-into-force date of land code
(2) The Minister may, by order, add to the schedule the date on which a land code comes into force with respect to First Nation lands.
Deletion of band name
(3) The Governor in Council may, by order, delete from the schedule the name of a First Nation and the date on which a land code comes into force with respect to the First Nation’s lands, if that First Nation is no longer subject to this Act under the terms of a land claims agreement or a self-government agreement.
637. The portion of the schedule to the Act before section 1 is replaced by the following:
SCHEDULE
(Sections 2 and 45)
NAMES OF FIRST NATIONS AND COMING-INTO-FORCE DATES OF LAND CODES
638. Item numbers 1 to 58 of the schedule to the Act are repositioned vertically under the heading “Item” of that schedule and the corresponding First Nations’ names are repositioned vertically under column 1 of that schedule.
639. Item 3 of the schedule to the Act is amended by adding the following in column 2:
640. Item 7 of the schedule to the Act is amended by adding the following in column 2:
641. Items 9 to 11 of the schedule to the Act are amended by adding the following in column 2:
642. Item 13 of the schedule to the Act is amended by adding the following in column 2:
643. Items 17 to 23 of the schedule to the Act are amended by adding the following in column 2:
644. Item 25 of the schedule to the Act is amended by adding the following in column 2:
645. Items 28 to 30 of the schedule to the Act are amended by adding the following in column 2:
646. Item 34 of the schedule to the Act is repealed.
647. Items 35 to 39 of the schedule to the Act are amended by adding the following in column 2:
648. Items 41 to 46 of the schedule to the Act are amended by adding the following in column 2:
649. Items 48 and 49 of the schedule to the Act are amended by adding the following in column 2:
650. Item 52 of the schedule to the Act is amended by adding the following in column 2:
651. Item 58 of the schedule to the Act is amended by adding the following in column 2:
Replacement — initial capitals
652. The English version of the Act is amended by replacing “first nation” or “first nations” with “First Nation” or “First Nations”, respectively, in the following provisions:
(a) the definitions “council”, “eligible vot-er”, “first nation”, “first nation land”, “first nation law”, “first nation member”, “Framework Agreement”, “individual agreement”, “interest”, “land code”, “licence” and “right” in subsection 2(1);
(b) section 5;
(c) the portion of subsection 6(1) before paragraph (a);
(d) paragraphs 6(1)(b) to (l);
(e) subsections 6(2) and (3);
(f) paragraph 7(1)(d);
(g) sections 8 to 12;
(h) subsections 14(2) and (3);
(i) subsection 15(2);
(j) sections 16 to 20;
(k) sections 22 to 34; and
(l) sections 38 to 44.
Division 47
1999, c. 29
Canada Travelling Exhibitions Indemnification Act
653. Paragraphs 3(3)(a) and (b) of the Canada Travelling Exhibitions Indemnification Act are replaced by the following:
(a) $600,000,000, or any other amount that is provided by an appropriation Act or other Act of Parliament, in respect of each travelling exhibition; and
(b) $3,000,000,000, or any other amount that is provided by an appropriation Act or other Act of Parliament, at any given time in respect of all travelling exhibitions.
Division 48
2002, c. 9, s. 2
Canadian Air Transport Security Authority Act
654. Section 17 of the Canadian Air Transport Security Authority Act is replaced by the following:
Appointment and tenure
17. The chief executive officer of the Authority is to be appointed by the Governor in Council to hold office during pleasure for any term that the Governor in Council considers appropriate.
655. Section 19 of the Act is replaced by the following:
Incapacity or vacancy
19. In the event of the absence or incapacity of, or a vacancy in the office of, the chief executive officer, the board may appoint an employee of the Authority to exercise the powers and perform the duties and functions of the chief executive officer, but the employee has no authority to act as chief executive officer for a period exceeding 90 days without the approval of the Governor in Council.
Division 49
2005, c. 9
First Nations Fiscal and Statistical Management Act
Amendments to the Act
656. The long title of the First Nations Fiscal and Statistical Management Act is replaced by the following:
An Act to provide for real property taxation powers of first nations, to create a First Nations Tax Commission, First Nations Financial Management Board and First Nations Finance Authority and to make consequential amendments to other Acts
657. (1) The sixth paragraph of the preamble to the Act is repealed.
(2) The ninth paragraph of the preamble to the Act is replaced by the following:
Whereas, by 1999, first nations and the Government of Canada recognized the benefits of establishing statutory institutions as part of a comprehensive fiscal management system;
658. Section 1 of the Act is replaced by the following:
Short title
1. This Act may be cited as the First Nations Fiscal Management Act.
659. (1) The definition “First Nations Statistical Institute” in subsection 2(1) of the Act is repealed.
(2) The definition “first nation” in subsection 2(1) of the Act is replaced by the following:
“first nation”
« première nation »
« première nation »
“first nation” means a band named in the schedule.
660. Part 5 of the Act is repealed.
661. (1) Subsection 132(1) of the Act is replaced by the following:
Conflict of interest
132. (1) No person who is appointed to, or is employed by, a commission, board or authority established under this Act shall be appointed to, or be employed by, any other commission, board or authority established under this Act.
(2) Subsection 132(2) of the English version of the Act is replaced by the following:
Conflict of interest
(2) No person referred to in subsection (1) shall accept or hold any office or employment that is inconsistent with that person’s duties or take part in any matter involving the commission, board or authority in which that person has an interest.
2006, c. 9, s. 8
(3) Subsection 132(3) of the Act is replaced by the following:
Conflict of interest
(3) All persons appointed to a commission or board established under this Act shall comply with the Conflict of Interest Act as though they were public office holders as defined in that Act.
662. Sections 133 and 134 of the Act are replaced by the following:
Liability of Her Majesty
133. (1) No person has a right to receive any compensation, damages, indemnity or other relief from Her Majesty in right of Canada in respect of any claim against the First Nations Tax Commission, First Nations Financial Management Board or First Nations Finance Authority arising from its exercise of, or its failure to exercise, any of the powers or functions of that Commission, Board or Authority, as the case may be, including any claim against the First Nations Tax Commission as an agent of Her Majesty in right of Canada.
Insurance required
(2) The First Nations Tax Commission, First Nations Financial Management Board and First Nations Finance Authority shall maintain in good standing at all times the insurance coverage required by any regulations made under paragraph 140(b).
No appropriation
134. No payment to the First Nations Tax Commission, First Nations Financial Management Board or First Nations Finance Authority may be made under an appropriation by Parliament authorized under an Act of Parliament to enable the Commission, Board or Authority to satisfy any claim referred to in subsection 133(1).
663. Section 136 of the Act is replaced by the following:
Limit of liability
136. No civil proceedings lie against a commissioner or employee of the First Nations Tax Commission, or any director or employee of the First Nations Financial Management Board, for anything done, or omitted to be done, in the exercise or purported exercise in good faith of any power, or in the performance or purported performance in good faith of any duty, of that person in accordance with this Act.
664. Subsection 139(1) of the Act is replaced by the following:
Official languages
139. (1) For greater certainty, the provisions of the Official Languages Act applicable to federal institutions apply to the First Nations Tax Commission.
665. Paragraph 140(b) of the Act is replaced by the following:
(b) prescribing the insurance coverage required to be maintained by the First Nations Tax Commission, First Nations Financial Management Board and First Nations Finance Authority in respect of liabilities referred to in subsection 133(1).
666. Section 146 of the Act is replaced by the following:
Review and evaluation
146. Within seven years after the day on which this Act receives royal assent, the Minister, after consultation with the First Nations Tax Commission, First Nations Financial Management Board and First Nations Finance Authority, shall review the provisions and operation of this Act and the operations of those institutions, and submit a report to each House of Parliament on that review, including any changes that the Minister recommends relating to the evolution of the mandate and the operation of those institutions.
Transitional Provisions
Definition
667. In sections 668 to 673, “Institute” means the First Nations Statistical Institute.
Appointments terminated
668. (1) Directors of the Institute, including the Chairperson and Vice-Chairperson, cease to hold office on the coming into force of this subsection.
No compensation
(2) Despite the provisions of any contract, agreement or order, no person appointed to hold office as a director of the Institute, including as the Chairperson or Vice-Chairperson, has any right to claim or receive any compensation, damages, indemnity or other form of relief from Her Majesty in right of Canada or from any employee or agent of Her Majesty for ceasing to hold that office or for the abolition of that office by the operation of this Division.
References
669. Every reference to the Institute in a deed, contract or other document executed by the Institute in its own name is to be read, unless the context otherwise requires, as a reference to Her Majesty in right of Canada.
Minister authorized
670. The Minister of Indian Affairs and Northern Development is authorized to sell or otherwise dispose of all of the Institute’s assets and to do everything necessary for or incidental to closing out the Institute’s affairs.
Surplus
671. (1) Any surplus that remains after the satisfaction of the Institute’s debts and liabilities and the winding-up charges, costs and expenses belongs to Her Majesty in right of Canada.
Unsatisfied debts and liabilities
(2) Any of the Institute’s debts and liabilities that remain unsatisfied on the day on which the Institute is dissolved become the debts and liabilities of Her Majesty in right of Canada.
Exception
(3) Despite subsection (2), Her Majesty in right of Canada is not liable in respect of any claim against the Institute arising from its exercise of, or its failure to exercise, any of its powers or functions.
Commencement of legal proceedings
672. (1) Any action, suit or other legal proceeding in respect of an obligation or liability incurred by the Minister of Indian Affairs and Northern Development in closing out the Institute’s affairs may be brought against Her Majesty in right of Canada in any court that would have had jurisdiction if the action, suit or other legal proceeding had been brought against the Institute.
Continuation of legal proceedings
(2) Any action, suit or other legal proceeding to which the Institute is a party — other than an action, suit or legal proceeding in respect of any claim against the Institute arising from its exercise of, or failure to exercise, any of its powers or functions — that is pending in a court on the coming into force of this subsection may be continued by or against Her Majesty in right of Canada in the same manner and to the same extent as it could have been continued by or against the Institute.
Limit of liability
673. No civil proceedings lie against a former director or employee of the Institute for anything done, or omitted to be done, in the exercise or purported exercise in good faith of any power, or in the performance or purported performance in good faith of any duty, of that person in accordance with the First Nations Fiscal Management Act, as that Act read immediately before the coming into force of section 660.
Consequential Amendments
R.S., c. A-1
Access to Information Act
2005, c. 9, s. 147
674. Schedule I to the Access to Information Act is amended by striking out the following under the heading “OTHER GOVERNMENT INSTITUTIONS”:
First Nations Statistical Institute
Institut de la statistique des premières nations
2005, c. 9, s. 148
675. Schedule II to the Act is amended by striking out the reference to
First Nations Fiscal and Statistical Management Act
Loi sur la gestion financière et statistique des premières nations
and the corresponding reference to “section 108”.
R.S., c. F-11
Financial Administration Act
2005, c. 9, s. 149
676. Part I of Schedule III to the Financial Administration Act is amended by striking out the following:
First Nations Statistical Institute
Institut de la statistique des premières nations
R.S., c. I-5
Indian Act
2005, c. 9, s. 150
677. The portion of subsection 87(1) of the Indian Act before paragraph (a) is replaced by the following:
Property exempt from taxation
87. (1) Notwithstanding any other Act of Parliament or any Act of the legislature of a province, but subject to section 83 and section 5 of the First Nations Fiscal Management Act, the following property is exempt from taxation:
2005, c. 9, s. 151
678. Section 88 of the Act is replaced by the following:
General provincial laws applicable to Indians
88. Subject to the terms of any treaty and any other Act of Parliament, all laws of general application from time to time in force in any province are applicable to and in respect of Indians in the province, except to the extent that those laws are inconsistent with this Act or the First Nations Fiscal Management Act, or with any order, rule, regulation or law of a band made under those Acts, and except to the extent that those provincial laws make provision for any matter for which provision is made by or under those Acts.
R.S., c. P-21
Privacy Act
2005, c. 9, s. 152
679. The schedule to the Privacy Act is amended by striking out the following under the heading “OTHER GOVERNMENT INSTITUTIONS”:
First Nations Statistical Institute
Institut de la statistique des premières nations
2004, c. 17
Westbank First Nation Self-Government Act
2005, c. 9, s. 153
680. The portion of section 8.1 of the Westbank First Nation Self-Government Act before paragraph (a) is replaced by the following:
First Nations Fiscal Management Act
8.1 Notwithstanding any provision of this Act or the Agreement, for the purpose of enabling the Westbank First Nation to benefit from the provisions of the First Nations Fiscal Management Act or obtain the services of any body established under that Act, the Governor in Council may make any regulations that the Governor in Council considers necessary, including regulations
Coming into Force
Order in council
681. This Division comes into force on a day to be fixed by order of the Governor in Council.
Division 50
2005, c. 21
Canadian Forces Members and Veterans Re-establishment and Compensation Act
Amendments to the Act
2011, c. 12, ss. 3 to 5
682. Sections 3 to 5 of the Canadian Forces Members and Veterans Re-establishment and Compensation Act are replaced by the following:
Eligibility — veterans and survivors
3. The Minister may, on application, pay or reimburse fees in respect of the provision of prescribed career transition services to a veteran or their survivor if the veteran or survivor meets the prescribed eligibility criteria.
2011, c. 12, s. 17(1)
683. (1) Paragraph 94(a) of the Act is replaced by the following:
(a) respecting the time and manner of making an application under this Act for rehabilitation services, vocational assistance, compensation or payment or reimbursement of fees in respect of career transition services, and respecting the information that is required to accompany the application;
2011, c. 12, s. 17(2)
(2) Paragraph 94(e) of the Act is replaced by the following:
(d.1) setting out, for the purposes of section 3, criteria in respect of the eligibility of providers of career transition services and of those services;
(d.2) providing for the payment or reim-bursement of fees in respect of the provision of career transition services, including a maximum amount of fees that may be paid or reimbursed, under section 3;
(e) respecting the provision of information or documents to the Minister by any person who applies for or is in receipt of rehabilitation services, vocational assistance, an earnings loss benefit, a Canadian Forces income support benefit, a permanent impairment allowance, a clothing allowance or a payment or reimbursement of fees in respect of career transition services under this Act, and authorizing the Minister to suspend the delivery of the services or assistance, the payment of the benefit or allowance or the payment or reimbursement of fees until the information or documents are provided;
Coming into Force
Order in council
684. This Division comes into force on a day to be fixed by order of the Governor in Council.
Division 51
2005, c. 35
Repeal of the Department Of Social Development Act
Repeal
Repeal
685. The Department of Social Development Act, chapter 35 of the Statutes of Canada, 2005, is repealed.
National Council of Welfare
National Council of Welfare
686. (1) Members of the National Council of Welfare cease to hold office on the coming into force of this subsection.
Former members not entitled to relief
(2) Despite the provisions of any contract, agreement or order, no person appointed to hold office as a member of the National Council of Welfare has any right to claim or receive any compensation, damages, indemnity or other form of relief from Her Majesty in right of Canada or from any employee or agent of Her Majesty for ceasing to hold that office or for the abolition of that office by the operation of this Division.
2005, c. 34
Related Amendment to the Department of Human Resources and Skills Development Act
687. Sections 5 to 8 of the Department of Human Resources and Skills Development Act are replaced by the following:
Powers, duties and functions
5. (1) The Minister’s powers, duties and functions extend to and include all matters relating to human resources and skills development in Canada or the social development of Canada over which Parliament has jurisdiction and which are not by law assigned to any other Minister, department, board or agency of the Government of Canada.
Exercise of powers
(2) The Minister shall exercise the powers and perform the duties and functions
(a) relating to human resources and skills development with a view to improving the standard of living and quality of life of all Canadians by promoting a highly skilled and mobile workforce and an efficient and inclusive labour market; and
(b) relating to social development with a view to promoting social well-being and income security.
Powers
6. In exercising the powers and performing the duties and functions assigned to the Minister under this or any other Act, the Minister may
(a) subject to the Statistics Act, collect, analyse, interpret, publish and distribute information relating to human resources and skills development or to social development; and
(b) cooperate with provincial authorities with a view to coordinating efforts for human resources and skills development or for social development.
Programs
7. The Minister may, in exercising the powers and performing the duties and functions assigned by this Act, establish and implement programs designed to support projects or other activities that contribute to the development of the human resources of Canada and the skills of Canadians, or that contribute to the social development of Canada, and the Minister may make grants and contributions in support of the programs.
Consequential Amendments
R.S., c. F-11
Financial Administration Act
2005, c. 35, s. 54
688. Schedule I to the Financial Administration Act is amended by striking out the following:
Department of Social Development
Ministère du Développement social
2006, c. 9, s. 270
689. Part I of Schedule VI to the Act is amended by striking out the following:
Department of Social Development
Ministère du Développement social
R.S., c. S-3
Salaries Act
2005, c. 35, s. 65
690. Paragraph 4(2)(z.3) of the Salaries Act is repealed.
2005, c. 16, s. 20(1)
691. Paragraph 4.1(3)(z.21) of the Act is repealed.
R.S., c. 1 (5th Supp.)
Income Tax Act
692. Subparagraph 241(4)(d)(x) of the Income Tax Act is replaced by the following:
(x) to an official of the Canada Employment Insurance Commission or the Department of Human Resources and Skills Development, solely for the purpose of the administration or enforcement of the Employment Insurance Act, an employment program of the Government of Canada or the evaluation or formation of policy for that Act or program,
1991, c. 30
Public Sector Compensation Act
2005, c. 35, s. 64
693. Schedule I to the Public Sector Compensation Act is amended by striking out the following under the heading “DEPARTMENTS”:
Department of Social Development
Ministère du Développement social
Terminology Changes
Replacement of “Minister of Social Development”
694. Unless the context requires otherwise, “Minister of Social Development” is replaced by “Minister of Human Resources and Skills Development” in any other Act of Parliament, and more particularly in the following:
(a) in the Canada Pension Plan,
(i) the definition “province providing a comprehensive pension plan” in subsection 3(1),
(ii) subsections 3(2) and (3),
(iii) subsection 4(3),
(iv) subsections 26.1(1) and (2),
(v) section 27,
(vi) paragraph 27.2(1)(a),
(vii) the definition “Minister” in subsection 42(1),
(viii) the definition “Minister” in section 91, and
(ix) subsection 117(1);
(b) section 3 of the Energy Costs Assistance Measures Act;
(c) in the Family Orders and Agreements Enforcement Assistance Act,
(i) paragraph (a) of the definition “information bank director” in section 2, and
(ii) the portion of section 6 before paragraph (a);
(d) in the Federal-Provincial Fiscal Arrangements Act,
(i) subsection 13(3),
(ii) the definition “Minister” in section 18,
(iii) section 23.1,
(iv) subsection 24.3(2),
(v) the definition “Minister” in section 24.9,
(vi) section 25.8, and
(vii) paragraph 40(f);
(e) subsection 122.64(1) of the Income Tax Act; and
(f) in the Old Age Security Act,
(i) the definition “Minister” in section 2, and
(ii) section 46.
Replacement of “Department of Social Development”
695. (1) Unless the context requires otherwise, “Department of Social Development” is replaced by “Department of Human Resources and Skills Development” in any other Act of Parliament, and more particularly in the following:
(a) in the Canada Pension Plan,
(i) paragraph 66(3)(d), and
(ii) subsection 103(3);
(b) paragraph 81(d) of the Canadian Forces Members and Veterans Re-establishment and Compensation Act;
(c) paragraph 6.7(d) of the Department of Veterans Affairs Act;
(d) in the Family Orders and Agreements Enforcement Assistance Act,
(i) paragraphs 6(a) and (b), and
(ii) section 15;
(e) paragraph 122.64(2)(b) of the Income Tax Act;
(f) paragraph 109.2(d) of the Pension Act; and
(g) paragraph 30(2)(c) of the War Veterans Allowance Act.
Replacement — English version
(2) Every reference to “Department of Social Development” is replaced by a reference to “Department of Human Resources and Skills Development” in the English version of paragraph (a) of the definition “information bank director” in section 2 of the Family Orders and Agreements Enforcement Assistance Act.
Coming into Force
Order in council
696. Sections 685 to 695 come into force on a day or days to be fixed by order of the Governor in Council.
Division 52
2005, c. 47, s. 1
Wage Earner Protection Program Act
Amendment to the Act
2011, c. 24, s. 163
697. Subparagraph (a)(i) of the definition “eligible wages” in subsection 2(1) of the English version of the Wage Earner Protection Program Act is replaced by the following:
(i) the six-month period ending on the date of the bankruptcy or the first day on which there was a receiver in relation to the former employer, and
Coming into Force
December 15, 2011
698. This Division is deemed to have come into force on December 15, 2011.
Division 53
2007, c. 30
Kyoto Protocol Implementation Act
Repeal
699. The Kyoto Protocol Implementation Act, chapter 30 of the Statutes of Canada, 2007, is repealed.
Division 54
2001, c. 27
Immigration and Refugee Protection Act
Amendments to the Act
700. Subsection 2(2) of the Immigration and Refugee Protection Act is replaced by the following:
Act includes regulations and instructions
(2) Unless otherwise indicated, references in this Act to “this Act” include regulations made under it and instructions given under subsection 14.1(1).
701. Section 4 of the Act is amended by adding the following after subsection (2):
Minister of Human Resources and Skills Development
(2.1) In making regulations under paragraphs 32(d.1) to (d.3), the Governor in Council may confer powers and duties on the Minister of Human Resources and Skills Development.
702. Section 5 of the Act is amended by adding the following after subsection (1):
Application
(1.1) Regulations made under this Act that apply in respect of sponsorship applications or applications for permanent or temporary resident visas, permanent or temporary resident status or work or study permits may, if they so provide, apply in respect of any such applications that are pending on the day on which the regulations are made, other than
(a) applications to become a permanent resident made in Canada by protected persons; and
(b) applications for permanent resident visas made by persons referred to in subsection 99(2) and sponsorship applications made in respect of those applications.
703. The Act is amended by adding the following after section 14:
Minister’s Instructions
Economic immigration
14.1 (1) For the purpose of supporting the attainment of economic goals established by the Government of Canada, the Minister may give instructions establishing a class of permanent residents as part of the economic class referred to in subsection 12(2) and, in respect of the class that is established, governing any matter referred to in paragraphs 14(2)(a) to (g), 26(a), (b), (d) and (e) and 32(d) and the fees for processing applications for permanent resident visas or for permanent resident status and providing for cases in which those fees may be waived.
Limitation
(2) Despite any instruction given by the Minister under paragraph 87.3(3)(c), no more than 2,750 applications in a class established under subsection (1) may be processed in any year.
Application of regulations
(3) Subject to subsection (4), regulations that apply to all classes prescribed under subsection 14(2) that are part of the economic class referred to in subsection 12(2) apply to a class established under subsection (1).
Exception
(4) The Minister may specify in an instruction that regulations made under subsection 14(2), paragraph 26(a), (b), (d) or (e) or 32(d) or section 89 do not apply to a class established under subsection (1).
Non-application of regulations
(5) For greater certainty, regulations that apply to only one class prescribed under subsection 14(2) that is part of the economic class referred to in subsection 12(2) — or to only certain classes that are part of that economic class — do not apply to a class established under subsection (1). However, an instruction given under that subsection may specify otherwise.
Non-application of instructions
(6) The instructions do not apply in respect of a class prescribed by the regulations.
Compliance with instructions
(7) An officer must comply with the instructions before processing an application and when processing one.
Amendments to instructions
(8) An instruction that amends another instruction may, if it so provides, apply in respect of applications in a class established by the original instruction that are pending on the day on which the amending instruction takes effect.
Effective period — limitation
(9) An instruction given under subsection (1) has effect for the period specified in the instruction, which is not to exceed five years starting on the day on which the instruction first takes effect. No amendment to or renewal of an instruction may extend the five-year period.
Pending applications
(10) Despite subsection (9), the Minister may direct officers to process, after the end of the effective period of an instruction, applications in a class established by the instruction that were made during the period in which the instruction had effect.
User Fees Act
(11) The User Fees Act does not apply in respect of the fees referred to in subsection (1).
Publication
(12) Instructions must be published in the Canada Gazette.
704. Subsection 27(2) of the Act is replaced by the following:
Conditions
(2) A permanent resident must comply with any conditions imposed under the regulations or under instructions given under subsection 14.1(1).
705. Section 32 of the Act is amended by adding the following after paragraph (d):
(d.1) in relation to the authorization of a foreign national to work in Canada — including in relation to a work permit — the requirements that may or must be imposed on the employer in question, or that may or must be varied or cancelled;
(d.2) the power to inspect, for the purpose of verifying compliance with the requirements imposed on an employer in relation to the work permit of a foreign national that authorizes the foreign national to work in Canada temporarily;
(d.3) the consequences of a failure to comply with the requirements referred to in paragraph (d.2);
2008, c. 28, s. 118
706. (1) Subsection 87.3(1) of the Act is replaced by the following:
Application
87.3 (1) This section applies to applications for visas or other documents made under subsection 11(1), other than those made by persons referred to in subsection 99(2), to sponsorship applications made by persons referred to in subsection 13(1), to applications for permanent resident status under subsection 21(1) or temporary resident status under subsection 22(1) made by foreign nationals in Canada, to applications for work or study permits and to requests under subsection 25(1) made by foreign nationals outside Canada.
2008, c. 28, s. 118
(2) The portion of subsection 87.3(3) of the French version of the Act before paragraph (b) is replaced by the following:
Instructions
(3) Pour l’application du paragraphe (2), le ministre peut donner des instructions sur le traitement des demandes, notamment des instructions :
a) prévoyant les groupes de demandes à l’égard desquels s’appliquent les instructions;
(3) Subsection 87.3(3) of the Act is amended by adding the following after paragraph (a):
(a.1) establishing conditions, by category or otherwise, that must be met before or during the processing of an application or request;
2008, c. 28, s. 118
(4) Paragraphs 87.3(3)(b) to (d) of the French version of the Act are replaced by the following:
b) prévoyant l’ordre de traitement des demandes, notamment par groupe;
c) précisant le nombre de demandes à traiter par an, notamment par groupe;
d) régissant la disposition des demandes dont celles faites de nouveau.
(5) Section 87.3 of the Act is amended by adding the following after subsection (3):
Application
(3.1) An instruction may, if it so provides, apply in respect of pending applications or requests that are made before the day on which the instruction takes effect.
Clarification
(3.2) For greater certainty, an instruction given under paragraph (3)(c) may provide that the number of applications or requests, by category or otherwise, to be processed in any year be set at zero.
707. The Act is amended by adding the following after section 87.3:
Federal Skilled Workers
Application made before February 27, 2008
87.4 (1) An application by a foreign national for a permanent resident visa as a member of the prescribed class of federal skilled workers that was made before February 27, 2008 is terminated if, before March 29, 2012, it has not been established by an officer, in accordance with the regulations, whether the applicant meets the selection criteria and other requirements appli-cable to that class.
Application
(2) Subsection (1) does not apply to an application in respect of which a superior court has made a final determination unless the determination is made on or after March 29, 2012.
Effect
(3) The fact that an application is terminated under subsection (1) does not constitute a decision not to issue a permanent resident visa.
Fees returned
(4) Any fees paid to the Minister in respect of the application referred to in subsection (1) — including for the acquisition of permanent resident status — must be returned, without interest, to the person who paid them. The amounts payable may be paid out of the Consolidated Revenue Fund.
No recourse or indemnity
(5) No person has a right of recourse or indemnity against Her Majesty in connection with an application that is terminated under subsection (1).
708. Section 92 of the Act is amended by adding the following after subsection (1):
Incorporated material — instructions
(1.1) An instruction given by the Minister under this Act may incorporate by reference any material, regardless of its source.
2008, c. 28
Amendment to the Budget Implementation Act, 2008
709. Section 120 of the Budget Implementation Act, 2008 is repealed.
Coordinating Amendments
Bill C-31
710. (1) Subsections (2) and (3) apply if Bill C-31, introduced in the 1st session of the 41st Parliament and entitled the Protecting Canada’s Immigration System Act (referred to as “the other Act” in this section), receives royal assent.
(2) On the first day on which both section 29 of the other Act and section 706 of this Act are in force, subsection 87.3(1) of the Immigration and Refugee Protection Act is replaced by the following:
Application
87.3 (1) This section applies to applications for visas or other documents made under subsection 11(1), other than those made by persons referred to in subsection 99(2), to sponsorship applications made under subsection 13(1), to applications for permanent resident status under subsection 21(1) or temporary resident status under subsection 22(1) made by foreign nationals in Canada, to applications for work or study permits and to requests under subsection 25(1) made by foreign nationals outside Canada.
(3) On the first day on which both section 30 of the other Act and section 703 of this Act are in force, subsection 14.1(4) of the Immigration and Refugee Protection Act is replaced by the following:
Exception
(4) The Minister may specify in an instruction that regulations made under subsection 14(2), paragraph 26(a), (b), (d) or (e) or 32(d) or subsection 89(1) do not apply to a class established under subsection (1).
Division 55
Shared Services Canada
Shared Services Canada Act
Enactment of Act
711. The Shared Services Canada Act is enacted as follows:
An Act to establish Shared Services Canada
Preamble
Recognizing that
the Government of Canada wishes to standardize and consolidate, within a single shared services entity, certain administrative services that support government institutions; and
doing so will enable those services to be provided more effectively and will support the efficient use of public money;
Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons, enacts as follows:
SHORT TITLE
Short title
1. This Act may be cited as the Shared Services Canada Act.
INTERPRETATION
Definitions
2. The following definitions apply in this Act.
“Crown corporation”
« société d’État »
« société d’État »
“Crown corporation” has the same meaning as in subsection 83(1) of the Financial Administration Act.
“department”
« ministère »
« ministère »
“department” has the same meaning as in section 2 of the Financial Administration Act.
“President”
« président »
« président »
“President” means the President of Shared Services Canada appointed under subsection 10(1).
DESIGNATION OF MINISTER
Power of Governor in Council
3. The Governor in Council may designate a member of the Queen’s Privy Council for Canada to be the Minister for the purposes of this Act.
ESTABLISHMENT
Establishment
4. A department is established, called Shared Services Canada, for the purpose of assisting the Minister in providing the services specified under section 6.
Minister
5. The Minister presides over Shared Serv-ices Canada and has the management and direction of it.
POWERS, DUTIES AND FUNCTIONS
Governor in Council
6. The Governor in Council may specify
(a) the services that the Minister must provide through Shared Services Canada;
(b) the services that the Minister may provide through Shared Services Canada;
(c) the departments that must obtain a service that is specified under paragraph (a) exclusively from the Minister through Shared Services Canada and that are not permitted to meet their requirement for that service internally;
(d) the departments and Crown corporations to which the Minister is permitted to provide services through Shared Services Canada;
(e) the departments and Crown corporations to which the Minister is not permitted to provide services through Shared Services Canada; and
(f) terms and conditions respecting the provision of the specified services.
Minister
7. The Minister may, for the purpose of providing services under this Act, exercise any of the powers, duties or functions that are set out in paragraph 6(a), (b), (c) or (g) of the Department of Public Works and Government Services Act in respect of departments and Crown corporations to which those services are provided.
Governor in Council's approval
8. The Minister may — with the Governor in Council’s approval, given on a general or a specific basis — provide the services that are specified under paragraph 6(a) or (b) through Shared Services Canada to any person, organization or government, including a foreign government.
Charging for services
9. The Minister may, subject to any regulations that the Treasury Board makes for the purposes of this section, charge for the services that are provided under this Act.