Bill C-38

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1991, c. 48

Cooperative Credit Associations Act

364. The Cooperative Credit Associations Act is amended by adding the following after section 380:

Prohibition

380.1 (1) It is prohibited for an association to issue a debt obligation in relation to which the amounts of principal and interest owing are guaranteed to be paid from loans or other assets held by an entity that is created and organized for the principal purpose of holding those loans or other assets and with the intention of legally isolating those loans or other assets from the association, unless

(a) the debt obligation is a covered bond as defined in section 21.5 of the National Housing Act;

(b) the association is a registered issuer as defined in section 21.5 of that Act other than one whose right to issue covered bonds has been suspended; and

Exception

(2) The Governor in Council may make regulations exempting any type of debt obligation from the application of subsection (1).

Transitional Provision

Guarantees made before section 352 comes into force

365. A guarantee made by the Canada Mortgage and Housing Corporation under section 14 of the National Housing Act before the day on which section 352 of this Act comes into force does not require the Minister’s approval.

Coordinating Amendment

2011, c. 15

366. On the first day on which both Part 7 of the Supporting Vulnerable Seniors and Strengthening Canada’s Economy Act and subsection 21.6(4) of the National Housing Act, as enacted by section 356, are in force, the National Housing Act is amended by replacing that subsection 21.6(4) with the following:

Exceptions

(4) Despite subsections (1) and (2), the following loans must not be held as covered bond collateral:

(a) a loan made on the security of residential property if the loan is insured by the Corporation;

(b) a loan made on the security of residential property if the loan is insured and that insurance is protected under the Protection of Residential Mortgage or Hypothecary Insurance Act; and

(c) a loan made on the security of residential property if the amount of the loan, together with the amount then outstanding of any mortgage or hypothecary loan having an equal or prior claim against the property, exceeds 80 per cent of the value of the property at the time of the loan.

Coming into Force

January 1, 2013 or royal assent

367. (1) Sections 352 and 354 come into force on the later of January 1, 2013 and the day on which this Act receives royal assent.

Order in council

(2) Paragraph 21.52(1)(b) of the National Housing Act, as enacted by section 356, comes into force on a day to be fixed by order of the Governor in Council.

Order in council

(3) Sections 361 to 364 come into force on a day to be fixed by order of the Governor in Council.

Division 12

Integrated Cross-border Law Enforcement Operations Act

Enactment of Act

Enactment

368. The Integrated Cross-border Law Enforcement Operations Act is enacted as follows:

An Act to implement a Framework Agreement on Integrated Cross-Border Law Enforce-ment Operations between the Government of Canada and the Government of the United States of America

SHORT TITLE

Short title

1. This Act may be cited as the Integrated Cross-border Law Enforcement Operations Act.

INTERPRETATION

Definitions

2. The following definitions apply in this Act.

“Agreement”
« accord »

“Agreement” means the Framework Agreement on Integrated Cross-Border Maritime Law Enforcement Operations between the Government of Canada and the Government of the United States of America signed on May 26, 2009.

“designated officer”
« agent désigné »

“designated officer” means an individual appointed as a cross-border maritime law enforcement officer by

(a) the Central Authority for Canada under subsection 7(1) or 8(1); and

(b) the person designated as the Central Authority for the United States for the application of the Agreement.

“integrated cross-border operation”
« opération transfrontalière intégrée »

“integrated cross-border operation” means the deployment of a vessel crewed jointly by designated officers from Canada and the United States for cross-border law enforcement purposes in undisputed areas of the sea or internal waters along the international boundary between Canada and the United States.

PURPOSE

Purpose

3. The purpose of this Act is to implement the Agreement, the objectives of which are to provide additional means to prevent, detect and suppress criminal offences and violations of the law in undisputed areas of the sea or internal waters along the international boundary between Canada and the United States and to facilitate the investigation and prosecution of such offences and violations.

PRINCIPLES

Statement

4. It is recognized and declared that

(a) Canada and the United States have a common interest in the security of the undisputed areas of the sea or internal waters along the international boundary between Canada and the United States;

(b) integrated cross-border operations must

(i) respect the sovereignty of Canada and the United States,

(ii) be conducted in accordance with the rule of law, and

(iii) be conducted as directed by a designated officer from the host country; and

(c) in Canada, integrated cross-border operations must be conducted in a manner respecting the rights and freedoms guaranteed by the Canadian Charter of Rights and Freedoms.

CENTRAL AUTHORITY FOR CANADA

Designation

5. For the purposes of implementing the Agreement, the Central Authority for Canada is the Commissioner of the Royal Canadian Mounted Police or his or her delegate.

Direction and management

6. The Central Authority for Canada has, in cooperation with the person designated as the Central Authority for the United States for the purposes of implementing the Agreement, responsibility for the direction and management of integrated cross-border operations.

Appointment of officers from Canada

7. (1) The Central Authority for Canada may appoint as a cross-border maritime law enforcement officer an individual who is

(a) a member of the Royal Canadian Mounted Police;

(b) a police officer appointed or employed under the law of a province; or

(c) a pilot, co-pilot, observer or other member of the crew of an aircraft that is operated by the Royal Canadian Mounted Police or a police service established under the law of a province and that is used to provide aerial support in an integrated cross-border operation.

Criterion for appointment

(2) An individual may be appointed under subsection (1) only if they have satisfactorily completed the required training, approved by the Central Authority for Canada, for appointment as a designated officer.

Appointment of officers from United States

8. (1) The Central Authority for Canada may appoint as a cross-border maritime law enforcement officer an individual who is

(a) a commissioned, warrant or petty officer of the United States Coast Guard;

(b) a police officer or other law enforcement officer appointed or employed under the law of the United States or of a state of the United States; or

(c) a pilot, co-pilot, observer or other member of the crew of an aircraft that is operated by the United States Coast Guard or a police service, or other law enforcement agency of the United States or of a state of the United States, and that is used to provide aerial support in an integrated cross-border operation.

Criteria for appointment

(2) An individual may be appointed under subsection (1) only if

(a) they have been recommended for appointment by the person designated as the Central Authority for the United States for the application of the Agreement; and

(b) they have satisfactorily completed the required training, approved by the Central Authority for Canada, for appointment as a designated officer.

Suspension or revocation

9. The Central Authority for Canada may suspend or revoke the appointment of any designated officer.

Certificates

10. (1) The Central Authority for Canada may issue a certificate to any designated officer stating that the person to whom it is issued is a designated officer for the purposes of this Act.

Evidence of appointment or designation

(2) Any document purporting to be a certif-icate referred to in subsection (1) is evidence in all courts and in all proceedings of the facts stated in it.

Recommendation for appointment

11. The Central Authority for Canada may recommend, to the person designated as the Central Authority for the United States for the purposes of implementing the Agreement, that an individual described in paragraph 7(1)(a), (b) or (c) be appointed as a cross-border maritime law enforcement officer in the United States.

POWERS OF DESIGNATED OFFICERS

Powers — designated officer

12. Every designated officer has the same power to enforce an Act of Parliament as a member of the Royal Canadian Mounted Police when

(a) participating in an integrated cross-border operation; or

(b) engaging in an activity incidental to such an operation, including travel for the purpose of participating in the operation and appearances in court arising from the operation.

DETENTION OF PERSONS

Persons taken into custody

13. (1) The laws of Canada apply to any person detained or taken into custody within Canada in the course of an integrated cross-border operation.

Removal from Canada

(2) No person referred to in subsection (1) may be removed from Canada, except in accordance with the laws of Canada.

SEIZURE

Vessel, etc., seized in Canada

14. (1) The laws of Canada apply to any vessel or other thing seized within Canada in the course of an integrated cross-border operation.

Removal from Canada

(2) Subject to subsection (3), no vessel or other thing referred to in subsection (1) may be removed from Canada, except in accordance with the laws of Canada.

Exception

(3) A vessel or other thing referred to in subsection (1) may be removed from Canada in situations of operational or geographical necessity, including situations in which

(a) before delivering the vessel or thing to the place where it is to be delivered in Canada, designated officers are required to participate in a continuing integrated cross-border operation or respond to an emergency in the waters of the United States;

(b) due to poor weather or mechanical difficulties with a vessel operated by designated officers, it is necessary to transit through the waters of the United States in order to reach the nearest port; or

(c) the navigable shipping channels between the location in Canada where the vessel or thing was seized and the place where the vessel or thing is to be delivered in Canada pass through the waters of the United States.

Vessel, etc., seized in United States

15. A vessel or other thing seized in the United States in the course of an integrated cross-border operation remains in the custody and control of the American designated officer if it is brought into Canada in situations of operational or geographical necessity, including situations in which

(a) before delivering the vessel or thing to the place where it is to be delivered in the United States, designated officers are required to participate in a continuing integrated cross-border operation or respond to an emergency in the waters of Canada;

(b) due to poor weather or mechanical difficulties with a vessel operated by designated officers, it is necessary to transit through the waters of Canada in order to reach the nearest port; or

(c) the navigable shipping channels between the location in the United States where the vessel or thing was seized and the place where the vessel or thing is to be delivered in the United States pass through the waters of Canada.

Non-application of certain laws

16. No Act of Parliament relating to the import or export of goods applies to the import or export of a vessel or other thing by a designated officer in the circumstances described in subsection 14(3) or section 15.

R.S., c. R-10

Amendments to the Royal Canadian Mounted Police Act

369. The Royal Canadian Mounted Police Act is amended by adding the following after section 45.47:

Integrated Cross-border Law Enforcement Operations Act

Definitions

45.48 The following definitions apply in sections 45.49 to 45.51.

“Central Authority”
« autorité centrale »

“Central Authority” means the Central Authority for Canada, as designated under section 5 of the Integrated Cross-border Law Enforcement Operations Act.

“designated officer”
« agent désigné »

“designated officer” has the same meaning as in section 2 of the Integrated Cross-border Law Enforcement Operations Act.

“integrated cross-border operation”
« opération transfrontalière intégrée »

“integrated cross-border operation” has the same meaning as in section 2 of the Integrated Cross-border Law Enforcement Operations Act.

Complaints by public

45.49 (1) Any member of the public who has a complaint concerning the conduct of a designated officer in the performance of any duty or function in the course of an integrated cross-border operation may, whether or not that member of the public is affected by the subject matter of the complaint, make a complaint to

(a) the Commission;

(b) any member, as defined in subsection 2(1) or other person appointed or employed under the authority of this Act; or

(c) the provincial authority in the province in which the subject matter of the complaint arose that is responsible for the receipt and investigation of complaints by the public against police.

Acknowledgment of complaint

(2) Every complaint under subsection (1) shall be acknowledged in writing.

Notification — Central Authority and Commission

(3) The Central Authority shall be notified of every complaint made under subsection (1), and the Commission shall be notified of every complaint made under paragraph (1)(b) or (c).

Notification — designated officer

(4) On being notified of the complaint, the Central Authority shall notify, in writing, the designated officer whose conduct is the subject matter of the complaint of its substance unless, in the Central Authority’s opinion, to do so might adversely affect or hinder any investigation that is being or may be carried out in respect of the complaint.

Application of certain sections

45.5 (1) Sections 45.36 to 45.47 apply in respect of a complaint made under subsection 45.49(1), with the following modifications:

(a) a reference to the Commissioner is a reference to the Central Authority;

(b) a reference to a member or other person whose conduct is the subject matter of the complaint is a reference to a designated officer whose conduct is the subject matter of the complaint;

(d) a reference, other than in paragraph 45.41(2)(b), to the Force is a reference to the person or persons designated for that purpose by the Central Authority; and

(e) the reference in paragraph 45.41(2)(b) to the Force is a reference to the Central Authority.

Joint investigation

(2) An investigation under paragraph 45.42(3)(c) may be carried out jointly with a body designated by the Commission Chairman.

Reports

(3) Reports referred to in section 45.4 and subsection 45.46(3) shall also be sent to the minister responsible for policing in the province where the conduct that is the subject matter of the complaint took place.

Annual report

45.51 The Commission Chairman shall send the report referred to in section 45.34 to the minister responsible for policing in each province where integrated cross-border operations took place during that year.

370. The Act is amended by adding the following after section 50:

Exception

50.1 Paragraph 50(a) does not apply to a designated officer as defined in section 45.48 who was appointed under subsection 8(1) of the Integrated Cross-border Law Enforcement Operations Act.

Consequential Amendments

R.S., c. C-46

Criminal Code

371. The definition “peace officer” in section 2 of the Criminal Code is amended by adding the following after paragraph (c):

(c.1) a designated officer as defined in section 2 of the Integrated Cross-border Law Enforcement Operations Act, when

(i) participating in an integrated cross-border operation, as defined in section 2 of that Act, or

(ii) engaging in an activity incidental to such an operation, including travel for the purpose of participating in the operation and appearances in court arising from the operation;

R.S., c. 1 (2nd Supp.)

Customs Act

2001, c. 25, s. 10(2)

372. Paragraphs 11(6)(a) and (b) of the Customs Act are replaced by the following:

(a) holds an authorization issued by the Minister under subsection 11.1(1) to present himself or herself in a prescribed alternative manner and who presents himself or herself in the manner authorized for that person; or

(b) is a member of a prescribed class of persons authorized by regulations made under subsection 11.1(3) to present himself or herself in a prescribed alternative manner and who presents himself or herself in the manner authorized for that class.

2001, c. 25, s. 11

373. Paragraph 11.1(3)(a) of the Act is replaced by the following:

(a) prescribing classes of persons who are, and classes of persons who may be, authorized to present themselves in alternative manners;

Coming into Force

Order in council

374. This Division comes into force on a day to be fixed by order of the Governor in Council.

Division 13

R.S., c. B-7

Bretton Woods and Related Agreements Act

1998, c. 21, s. 127

375. Section 7 of the Bretton Woods and Related Agreements Act is replaced by the following:

Payment to International Monetary Fund

7. The Minister of Finance may provide for payment out of the Consolidated Revenue Fund to the International Monetary Fund in the manner and at the times provided for by the Agreement set out in Schedule I of a sum or sums of money, not exceeding in the whole an amount equivalent to the subscriptions required from or permitted to be made by Canada, namely, eleven billion, twenty-three million, nine hundred thousand Special Drawing Rights.

1993, c. 34, s. 11

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

Annual report

13. The Minister of Finance shall cause to be laid before Parliament, on or before September 30 next following the end of each calendar year or, if Parliament is not then sitting, on any of the first thirty days next thereafter that either House of Parliament is sitting, a report containing a general summary of operations under this Act and details of all those operations that directly affect Canada, including the resources and lending of the World Bank Group, the funds subscribed or contributed by Canada, borrowings in Canada and procurement of Canadian goods and services.

Division 14

R.S., c. C-6

Canada Health Act

377. Paragraph (b) of the definition “insured person” in section 2 of the Canada Health Act is repealed.

Division 15

R.S., c. C-23

Canadian Security Intelligence Service Act

Amendments to the Act

378. The definition “Inspector General” in section 2 of the Canadian Security Intelligence Service Act is repealed.

379. Section 6 of the Act is amended by adding the following after subsection (3):

Periodic reports by Director

(4) The Director shall, in relation to every 12-month period or any lesser period that is specified by the Minister, submit to the Minister, at any times that the Minister specifies, reports with respect to the Service’s operational activities during that period, and shall cause the Review Committee to be given a copy of each such report.

380. The heading before section 30 and sections 30 to 33 of the Act are repealed.

381. (1) Subparagraph 38(a)(i) of the Act is repealed.

(2) Section 38 of the Act is renumbered as subsection 38(1) and is amended by adding the following:

Review Committee’s other functions

(2) As soon as the circumstances permit after receiving a copy of a report referred to in subsection 6(4), the Review Committee shall submit to the Minister a certificate stating the extent to which it is satisfied with the report and whether any of the Service’s operational activities described in the report, in its opinion,

(a) is not authorized by or under this Act or contravenes any directions issued by the Minister under subsection 6(2); or

(b) involves an unreasonable or unnecessary exercise by the Service of any of its powers.

382. Paragraph 39(2)(a) of the Act is replaced by the following:

(a) to have access to any information under the control of the Service that relates to the performance of the duties and functions of the Committee and to receive from the Director and employees such information, reports and explanations as the Committee deems necessary for the performance of its duties and functions; and

383. (1) Paragraphs 40(a) and (b) of the Act are replaced by the following:

(a) direct the Service to conduct a review of the Service’s specific activities and provide the Committee with a report on the review; or

(b) if it considers that a review by the Service would be inappropriate, conduct such a review itself.

(2) Section 40 of the Act is renumbered as subsection 40(1) and is amended by adding the following:

Report of findings

(2) On completion of a review conducted under subsection (1), the Review Committee shall provide the Minister and the Director with the following:

(a) in the case of a review conducted by the Service, the Service’s report to the Committee along with any recommendations that the Committee considers appropriate; and

(b) in the case of a review conducted by the Committee, its own report, which is to contain the findings of the review and any recommendations that the Committee considers appropriate.

384. Section 54 of the Act is replaced by the following:

Minister’s briefings

54. (1) At least once a year, and at any other time at the Minister’s request, the Review Committee, or a person engaged by it and designated by it for the purposes of this section, shall meet the Minister and brief him or her on any matter that relates to the performance by the Service of its duties and functions.

Special reports

(2) The Review Committee may, on request by the Minister or at any other time, furnish the Minister with a special report concerning any matter that relates to the performance of its duties and functions.

Consequential Amendments

R.S., c. A-1

Access to Information Act

SOR/86-137, s.1(1)

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

Office of the Inspector General of the Canadian Security Intelligence Service

Bureau de l’Inspecteur général du service canadien du renseignement de sécurité

R.S., c. O-5; 2001, c. 41, s. 25

Security of Information Act

2001, c. 41, s. 30

386. The schedule to the Security of Information Act is amended by striking out the following:

Office of the Inspector General of the Canadian Security Intelligence Service

Bureau de l’Inspecteur général du Service canadien du renseignement de sécurité

R.S., c. P-21

Privacy Act

SOR/86-136, s. 1(1)

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

Office of the Inspector General of the Canadian Security Intelligence Service

Bureau de l’Inspecteur général du service canadien du renseignement de sécurité

Division 16

R.S., c. C-52

Currency Act

388. Subsection 8(4) of the Currency Act is repealed.

R.S., c. 35 (3rd Supp.), s. 19; 1999, c. 4, s. 13(F)

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

Calling in of coins

9. (1) The Governor in Council may, by order, call in coins of any date and denomination.

Effect of call in

(2) A coin that has been called in is not current.

Redemption of coins

9.01 (1) The Governor in Council may make regulations for the redemption by the Minister of coins of the currency of Canada that are or that have at any time been current in Canada.

Payments for redemption of coins

(2) Payments for the redemption of coins, including related costs, shall be made out of the Consolidated Revenue Fund on the authorization of the Minister.

Division 17

R.S., c. F-8; 1995, c. 17, s. 45(1)

Federal-Provincial Fiscal Arrangements Act

Amendments to the Act

390. Section 3.12 of the Federal-Provincial Fiscal Arrangements Act is amended by adding the following after subsection (2):

Additional fiscal equalization payment — 2012-2013 fiscal year

(3) An additional fiscal equalization payment may be paid for the fiscal year beginning on April 1, 2012 equal to,

(a) for Quebec, $362,127,000;

(b) for Nova Scotia, $13,471,000;

(d) for Manitoba, $201,295,000.

1991, c. 51. s. 4; 1995, c. 17, s. 48, ss. 49(1), (3) and (4) and ss. 50 and 51; 1999, c. 26, s. 3(1), ss. 4 to 8 and 9(F), c. 31, ss. 238(1)(F), (2), (3)(F) and (4); 2000, c. 14, ss. 13 to 15, c. 35, s. 5(1) and s. 6; 2003, c. 15, ss. 3.1 to 5, 6(F) and 7; 2004, c. 4, ss. 3 to 7; 2005, c. 7, s. 3, c. 35, subpar. 67(c)(i) to (iii)

391. Part V of the Act is repealed.

2005, c. 30, s. 29

392. The heading “CANADA HEALTH TRANSFER, CANADA SOCIAL TRANSFER, HEALTH REFORM TRANSFER, WAIT TIMES REDUCTION TRANSFER AND EARLY LEARNING AND CHILD CARE TRANSFER” of Part V.1 of the Act is replaced by the following:

CANADA HEALTH TRANSFER, CANADA SOCIAL TRANSFER AND WAIT TIMES REDUCTION TRANSFER

2005, c. 11, s. 3(1)

393. Paragraph 24.1(1)(a) of the Act is amended by striking out “and” at the end of subparagraph (iii) and by replacing subparagraph (iv) with the following:

(iv) the product obtained by multiplying the cash contribution for the immediately preceding year by 1.06, rounded to the nearest thousand, for each fiscal year in the period beginning on April 1, 2006 and ending on March 31, 2017, and

(v) for each fiscal year beginning after March 31, 2017, the product, rounded to the nearest thousand, obtained by multiplying the cash contribution for the immediately preceding fiscal year by the greater of 1.03, and

(1 + A)

where

A is the average of the annual rates of growth of the nominal gross domestic product of Canada, as determined by the Minister, for the calendar year that ends during the fiscal year in question and for the two previous calendar years; and

2003, c. 15, s. 8; 2009, c. 2, s. 388

394. The portion of subsection 24.2(1) of the Act before the formula is replaced by the following:

Provincial share — fiscal years 2004-2005 to 2013-2014

24.2 (1) The cash contribution established under paragraph 24.1(1)(a) that may be provided to a province for each fiscal year in the period beginning on April 1, 2004 and ending on March 31, 2014 is the amount determined by the formula

2007, c. 29, s. 66

395. The portion of section 24.21 of the Act before paragraph (a) is replaced by the following:

Provincial share — fiscal year 2014-2015 and later

24.21 The cash contribution established under paragraph 24.1(1)(a) that may be provided to a province for each fiscal year beginning after March 31, 2014 is the amount determined by multiplying the total of the cash contributions to be provided to all the provinces for that fiscal year by the quotient obtained by dividing

2003, c. 15, s. 8

396. Paragraph 24.3(1)(b) of the Act is replaced by the following:

(b) maintaining the national standard, set out in section 25.1, that no period of minimum residency be required or allowed with respect to social assistance; and

2007, c. 29, s. 68(1)

397. Subparagraph 24.4(1)(a)(vii) of the Act is replaced by the following:

(vii) the product obtained by multiplying the cash contribution for the immediately preceding fiscal year by 1.03, rounded to the nearest thousand, for each fiscal year beginning after March 31, 2009.

2003, c. 15, s. 8; 2005, c. 11, s. 4

398. Section 24.6 of the Act and the heading before it are repealed.

399. Section 24.701 of the Act is amended by adding the following after subsection (1):

Prevention of transfer declines — fiscal year 2014-2015 and later

(1.1) The Minister may pay to a province an additional cash payment for each fiscal year beginning after March 31, 2014 equal to the amount by which

(a) the cash contribution established under paragraph 24.1(1)(a) to be provided to that province for the fiscal year beginning on April 1, 2013, as determined by the Minister between September 1, 2013 and October 12, 2013,

exceeds

(b) the cash contribution established under paragraph 24.1(1)(a) to be provided to that province for each of those fiscal years as calculated under this Act as it reads on the day on which this subsection comes into force.

2005, c. 30, s. 28

400. Section 24.71 of the Act and the heading before it are repealed.

2003, c.15, s. 8

401. The portion of section 25 of the Act before paragraph (b) is replaced by the following:

Reduction or withholding — Canada Health Transfer and Canada Social Transfer

25. The cash contribution that may be provided to a province under section 24.2, 24.21, 24.5 or 24.51 is to be reduced or withheld for the purposes of giving effect to

(a) any order made by the Governor in Council in respect of the province under section 15 or 16 of the Canada Health Act or, in the case of a cash contribution under section 24.5 or 24.51, section 25.3 or 25.4 of this Act; or

2003, c. 15, s. 8

402. (1) The portion of subsection 25.1(1) of the Act before paragraph (a) is replaced by the following:

Criteria for eligibility — Canada Social Transfer

25.1 In order that a province may qualify for a full cash contribution under sections 24.5 and 24.51 for a fiscal year, the laws of the province must not

2003, c.15, s. 8

(2) Subsection 25.1(2) of the Act is repealed.

2003, c.15, s. 8

403. Paragraphs 25.3(1)(a) and (b) of the Act are replaced by the following:

(a) direct that any cash contribution under section 24.5 or 24.51 to that province for a fiscal year be reduced, in respect of each non-compliance, by an amount that the Governor in Council considers to be appropriate, having regard to the gravity of the non-compliance; or

(b) if the Governor in Council considers it appropriate, direct that the whole of any cash contribution under section 24.5 or 24.51 to that province for a fiscal year be withheld.

2003, c.15, s. 8

404. Section 25.7 of the Act is replaced by the following:

References in other Acts

25.7 Every reference to “Canada Health and Social Transfer” in any other Act of Parliament is to be read as a reference to “Canada Health Transfer and the Canada Social Transfer”.

1995, c. 17, s. 55

405. Sections 28 to 30 of the Act are replaced by the following:

Recovery

28. The amount of additional tax abatement applicable in respect of a province in a fiscal year, as determined by the Minister under section 27, must be recovered out of any moneys payable to the province under this Act or as a debt due to the Government of Canada by the province.

Over-recovery

29. If the Minister determines that he or she has over-recovered any amount recoverable from a province under this Part, he or she must, within the prescribed time and in the prescribed manner, pay that province an amount equal to the over-recovery.

Under-recovery

29.1 If the Minister determines that he or she has under-recovered any amount recoverable from a province under this Part, he or she must recover an amount equal to the under-recovery either

(a) within the prescribed time and in the prescribed manner, from any amount payable under this Act to that province, or

(b) from that province as a debt due to Her Majesty in right of Canada.

Payment out of C.R.F.

30. The amounts authorized under this Part to be paid by the Minister must be paid out of the Consolidated Revenue Fund at such times and in such manner as may be prescribed.

2009, c. 2, s. 391

406. Paragraph 40(a.1) of the Act is replaced by the following:

(a.1) respecting the information that must be prepared and submitted by the Chief Statistician of Canada for the purposes of Parts I, I.1 and V.1;

R.S., c. C-6

Consequential Amendments to the Canada Health Act

1999, c. 26, s. 11

407. The definition “cash contribution” in section 2 of the Canada Health Act is replaced by the following:

“cash contribution”
« contribution pécuniaire »

“cash contribution” means the cash contribution in respect of the Canada Health Transfer that may be provided to a province under sections 24.2 and 24.21 of the Federal-Provincial Fiscal Arrangements Act;

1995, c. 17, s. 36

408. Section 5 of the Act is replaced by the following:

Cash contribution

5. Subject to this Act, as part of the Canada Health Transfer, a full cash contribution is payable by Canada to each province for each fiscal year.

1995, c. 17, s. 37

409. Paragraph 13(b) of the English version of the Act is replaced by the following:

(b) shall give recognition to the Canada Health Transfer in any public documents, or in any advertising or promotional material, relating to insured health services and extended health care services in the province.

1995, c. 17, s. 40(1)

410. Paragraph 22(1)(d) of the English version of the Act is replaced by the following:

(d) prescribing the manner in which recognition to the Canada Health Transfer is required to be given under paragraph 13(b).

Division 18

R.S., c. F-14

Fisheries Act

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

FISH ALLOCATION FOR FINANCING PURPOSES

Allocation of fish

10. (1) For the proper management and control of fisheries and the conservation and protection of fish, the Minister may determine a quantity of fish or of fishing gear and equipment that may be allocated for the purpose of financing scientific and fisheries management activities that are described in a joint project agreement entered into with any person or body, or any federal or provincial minister, department or agency.

Quantity in licence

(2) The Minister may specify, in a licence issued under this Act, a quantity of fish or of fishing gear and equipment allocated for the purpose of financing those activities.

Division 19

R.S., c. F-27

Food and Drugs Act

Amendments to the Act

2005, c. 42, s.1

412. Subsection 4(2) of the Food and Drugs Act is replaced by the following:

Exemption

(2) A food does not have a poisonous or harmful substance in or on it for the purposes of paragraph (1)(a) — or is not adulterated for the purposes of paragraph (1)(d) — by reason only that it has in or on it a pest control product as defined in subsection 2(1) of the Pest Control Products Act, or any of its components or derivatives, if the amount of the pest control product or the components or derivatives in or on the food being sold does not exceed the maximum residue limit specified under section 9 or 10 of that Act.

413. The Act is amended by adding the following after section 29:

Power of the Minister

List

29.1 (1) Subject to the regulations, the Minister may establish a list that sets out prescription drugs, classes of prescription drugs or both.

Statutory Instruments Act

(2) The list is not a regulation within the meaning of the Statutory Instruments Act.

Incorporation by Reference

Incorporation by reference

29.2 (1) A regulation made under this Act may incorporate by reference the list established under subsection 29.1(1), either as it exists on a particular date or as it is amended from time to time.

Accessibility of incorporated list

(2) The Minister shall ensure that the list that is incorporated by reference in the regulation is accessible.

Defence

(3) A person is not liable to be found guilty of an offence for any contravention in respect of which the list that is incorporated by reference in the regulation is relevant unless, at the time of the alleged contravention, the list was accessible as required by subsection (2) or it was otherwise accessible to the person.

414. (1) Subsection 30(1) of the Act is amended by adding the following after paragraph (h):

(h.1) respecting the establishment by the Minister of the list referred to in subsection 29.1(1), including amendments to it;

2005, c. 42, s. 2

(2) Paragraph 30(1)(r) of the Act is replaced by the following:

(r) respecting marketing authorizations, including establishing the eligibility criteria for submitting an application for such authorizations or for amending such authorizations.

415. Section 30 of the Act is amended by adding the following after subsection (1):

Classes

(1.1) A regulation made under this Act may establish classes and distinguish among those classes.

2005, c. 42, s. 3.

416. Section 30.2 of the Act and the heading before it are replaced by the following:

Marketing Authorizations

Marketing authorization — representation

30.2 (1) Subject to regulations made under paragraph 30(1)(r), the Minister may issue a marketing authorization that exempts — if the conditions, if any, to which the marketing authorization is subject are met — an advertisement, or a representation on a label, with respect to a food from the application, in whole or in part, of subsection 3(1) or (2) or any provision of the regulations specified in the marketing authorization.

Condition

(2) The marketing authorization may be subject to any condition that the Minister considers appropriate.

Marketing authorization — food

30.3 (1) Subject to regulations made under paragraph 30(1)(r), the Minister may issue a marketing authorization that exempts — if the conditions to which the marketing authorization is subject are met — a food from the application, in whole or in part, of paragraph 4(1)(a) or (d) or section 6 or 6.1 or any provision of the regulations specified in the marketing authorization.

Condition — amount

(2) The marketing authorization may be subject to any condition relating to the amount of any substance that may or must be in or on the food, including

(a) the maximum residue limit of an agricultural chemical and its components or derivatives, singly or in any combination;

(b) the maximum residue limit of a veterinary drug and its metabolites, singly or in any combination;

(d) the minimum or maximum level, or both, of a vitamin, a mineral nutrient or an amino acid.

Other conditions

(3) The marketing authorization may be subject to any other condition that the Minister considers appropriate.

Classes

30.4 A marketing authorization may establish classes and distinguish among those classes.

Incorporation by Reference

Incorporation by reference

30.5 (1) A regulation made under this Act with respect to a food and a marketing authorization may incorporate by reference any document, regardless of its source, either as it exists on a particular date or as it is amended from time to time.

Accessibility of incorporated documents

(2) The Minister shall ensure that any document that is incorporated by reference in the regulation or marketing authorization is accessible.

Defence

(3) A person is not liable to be found guilty of an offence for any contravention in respect of which a document that is incorporated by reference in the regulation or marketing authorization is relevant unless, at the time of the alleged contravention, the document was accessible as required by subsection (2) or it was otherwise accessible to the person.

No registration or publication

(4) For greater certainty, a document that is incorporated by reference in the regulation or marketing authorization is not required to be transmitted for registration or published in the Canada Gazette by reason only that it is incorporated by reference.

Existing power not limited

30.6 For greater certainty, an express power in this Act to incorporate a document by reference does not limit the power that otherwise exists to incorporate a document by reference in a regulation made under this Act.

Transitional Provisions

Interim marketing authorization

417. (1) An interim marketing authorization that is issued under subsection 30.2(1) of the Food and Drugs Act and in effect immediately before the day on which section 416 comes into force continues to have effect until the earliest of

(a) the day on which the Minister of Health publishes a notice cancelling the interim marketing authorization in the Canada Gazette;

(b) the day on which a marketing authorization — or any part of it — that is issued under subsection 30.3(1) of the Food and Drugs Act, as enacted by section 416, has the same effect as the interim marketing authorization; and

Exemption from Statutory Instruments Act

(2) A notice cancelling an interim marketing authorization is exempt from sections 3, 5 and 11 of the Statutory Instruments Act.

R.S., c. E-15

Consequential Amendment to the Excise Tax Act

2008, c. 28, s. 86(1)

418. Paragraph 2(b) of Part I of Schedule VI to the Excise Tax Act is replaced by the following:

(b) a drug that is set out on the list established under subsection 29.1(1) of the Food and Drugs Act or that belongs to a class of drugs set out on that list, other than a drug or mixture of drugs that may, under that Act or the Food and Drug Regulations, be sold to a consumer without a prescription,

Coming into Force

Order in council

419. Sections 412 to 416 and 418 come into force on a day or days to be fixed by order of the Governor in Council.

Division 20

R.S., c. G-5

Government Employees Compensation Act

Amendments to the Act

420. Paragraphs (b) to (d) of the definition “employee” in section 2 of the English version of the Government Employees Compensation Act are replaced by the following:

(b) any member, officer or employee of any department, corporation or other body that is established to perform a function or duty on the Government of Canada’s behalf who is declared by the Minister with the approval of the Governor in Council to be an employee for the purposes of this Act,

(c) any person who, for the purpose of obtaining employment in any department, corporation or other body that is established to perform a function or duty on the Government of Canada’s behalf, is taking a training course that is approved by the Minister for that person,

(d) any person who is employed by any department, corporation or other body that is established to perform a function or duty on the Government of Canada’s behalf, who is on leave of absence without pay and, for the purpose of increasing the skills used in the performance of their duties, is taking a training course that is approved by the Minister for that purpose, and

1999, c. 35, s. 12

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

Election of claims

9. (1) If an accident happens to an employee in the course of their employment under any circumstances that entitle the employee or their dependants to an action against a third party, the employee or their dependants, if they are entitled to compensation under this Act, may claim compensation under it or may make a claim against the third party.

Election is final

(2) The election made by the employee or their dependants is final.

Application — prescribed corporation or other body

9.1 (1) Subsections (2) to (4) apply to employees who are employed by a corporation or other body that is prescribed under paragraph 13(1)(b).

Entitlement to difference as compensation

(2) If a claim is made against the third party and less is recovered and collected, either on a settlement approved by the employer or under a judgment of a court of competent jurisdiction, than the amount of compensation to which the employee or their dependants who made the claim are entitled under this Act, the difference between the amount so recovered and collected and the amount of that compensation shall be paid as compensation to the employee or their dependants.

Subrogation

(3) If the employee or their dependants elect to claim compensation under this Act, the employer shall be subrogated to the rights of the employee or their dependants and may, subject to the Agreement implemented by the Civil International Space Station Agreement Implementation Act, maintain an action, against the third party, in its own name or in the name of the employee or their dependants.

Portion of excess payable to employee

(4) If an action is brought under subsection (3) and the amount recovered and collected exceeds the amount of compensation to which the employee or their dependants are entitled under this Act, the employer may pay to the employee or their dependants any portion of the excess that remains after the employer recovers its costs, but if after that payment has been made the employee becomes entitled to an additional amount of compensation in respect of the same accident, the amount paid under this subsection may be deducted from the additional compensation.

Application — other employers

9.2 (1) Subsections (2) to (4) apply to employees who are not employed by a corporation or other body that is prescribed under paragraph 13(1)(b).

Entitlement to difference as compensation

(2) If a claim is made against the third party and less is recovered and collected, either on a settlement approved by the Minister or under a judgment of a court of competent jurisdiction, than the amount of compensation to which the employee or their dependants who made the claim are entitled under this Act, the difference between the amount so recovered and collected and the amount of that compensation shall be paid as compensation to the employee or their dependants.

Subrogation

(3) If the employee or their dependants elect to claim compensation under this Act, Her Majesty shall be subrogated to the rights of the employee or their dependants and may, subject to the Agreement implemented by the Civil International Space Station Agreement Implementation Act, maintain an action in the name of the employee or their dependants or of Her Majesty against the third party and any sum recovered shall be paid into the Consolidated Revenue Fund.

Portion of excess payable to employee

(4) If an action is brought under subsection (3) and the amount recovered and collected exceeds the amount of compensation to which the employee or their dependants are entitled under this Act, there may be paid out of the Consolidated Revenue Fund to the employee or their dependants any portion of the excess that the Minister with the approval of the Treasury Board considers necessary, but if after that payment has been made the employee becomes entitled to an additional amount of compensation in respect of the same accident, the amount paid under this subsection may be deducted from the additional compensation.

422. The Act is amended by adding the following after section 12:

Acts or omissions by corporation or other body

12.1 No action lies against Her Majesty for anything done or omitted to be done under this Act by a corporation or other body referred to in subsection 9.1(1).

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

Regulations

13. (1) Subject to the Governor in Council’s approval, the Minister may make regulations for carrying out the purposes and provisions of this Act, including regulations

(a) determining the place where an employee is usually employed; and

(b) prescribing corporations or other bodies for the purposes of section 9.1.

Extended application of section 9.2

(2) If a corporation or other body is prescribed under paragraph (1)(b), section 9.2 continues to apply in cases where the notice of election referred to in section 11 is given before the day on which the regulation comes into force.

Extended application of section 9.1

(3) If a regulation is made under paragraph (1)(b) by virtue of which a corporation or other body ceases to be prescribed, section 9.1 continues to apply in cases where the notice of election referred to in section 11 is given before the day on which the regulation comes into force.

424. The portion of section 14 of the English version of the Act before paragraph (a) is replaced by the following:

Employer contribution

14. The Minister may require any corporation or other body, whose employees are subject to this Act,

Transitional Provision

Notice given before coming into force

425. The Government Employees Compensation Act, as it read immediately before the day on which this section comes into force, applies in cases where the notice of election referred to in section 11 of that Act is given before that day.

Coming into Force

Order in council

426. This Division comes into force on a day to be fixed by order of the Governor in Council.

Division 21

R.S., c. I-19

International Development Research Centre Act

2010, c. 12, 1747

427. Section 3 of the International Development Research Centre Act is replaced by the following:

Centre established

3. A corporation is established, to be called the International Development Research Centre, consisting of a Board of Governors that is composed of a Chairperson, the President and not more than 12 other governors.

2010, c. 12, par. 1753(b)(E)

428. Subsection 8(1) of the English version of the Act is replaced by the following:

Temporary substitute governor

8. (1) The Governor in Council may, on any terms and conditions that the Governor in Council prescribes, appoint a temporary substitute governor if a governor, other than the Chairperson or President, is unable to perform the duties of his or her office.

2010, c. 12, s. 1750(1) and (2)(E)

429. (1) Subsections 10(1) to (3) of the Act are replaced by the following:

Majority of governors

10. (1) The Chairperson, the Vice-chairperson and at least six other governors must be Canadian citizens.

Qualification

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

Parliamentary governors

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

(2) Subsection 10(4) of the English version of the Act is replaced by the following:

Salary and expenses

(4) A member appointed under subsection (3) shall not be paid remuneration but is eligible for expenses and, if he or she is a member of the House of Commons, is not, by reason of being the holder of the office or place in respect of which those expenses are payable, rendered incapable of being elected, or of sitting or voting, as a member of that House.

2010, c. 12, par. 1753(c)(E)

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

Executive committee

11. (1) There shall be an executive committee of the Board consisting of the Chairperson, the President and at least three other governors annually elected from the Board by the governors in such a manner that a majority of the members of the committee are Canadian citizens.

(2) Subsection 11(5) of the Act is replaced by the following:

Quorum

(5) Three members of the executive committee, at least two of whom are Canadian citizens, constitute a quorum.

431. Subsection 16(3) of the Act is replaced by the following:

Quorum

(3) Seven governors, at least four of whom are Canadian citizens, constitute a quorum of the Board. However, the proceedings of any meeting of the Board that is attended by more than seven governors are not valid unless a majority of those governors are Canadian citizens.

Division 22

R.S., c. L-2

Canada Labour Code

Amendments to the Act

1998, c. 26, s. 51(2)

432. (1) Paragraphs 111(e) and (f) of the Canada Labour Code are replaced by the following:

(e) prescribing the form and content of a notice under section 71 and prescribing any additional information and documents that are to be furnished with such a notice;

(f) prescribing the form and content of a notice under section 87.2 and prescribing any additional information and documents that are to be furnished with such a notice;

(2) Paragraph 111(i) of the Act is replaced by the following:

(i) prescribing the form and content of any written request to the Minister under subsection 57(2) or (4) and prescribing any additional information and documents that are to be furnished with such a request;

(3) Section 111 of the Act is amended by striking out “and” at the end of paragraph (k) and by adding the following after paragraph (l):

(m) prescribing the form and manner in which a copy of a collective agreement shall be filed with the Minister under subsection 115(1) and prescribing any additional information and documents that are to be filed with it;

(n) prescribing the information and documents that the Minister shall provide to the parties to a collective agreement after the Minister has received a copy of the collective agreement;

(o) prescribing the circumstances in which, and the conditions under which, the parties to a collective agreement are exempted from filing a copy of the collective agreement with the Minister; and

(p) prescribing the circumstances in which, and the conditions under which, a collective agreement may come into force even if no party has filed a copy of it with the Minister.

433. Section 115 of the Act is replaced by the following:

Collective agreement to be filed

115. (1) Subject to the regulations made under paragraph 111(o), each party to a collective agreement shall, immediately after it is entered into, renewed or revised, file one copy of the collective agreement with the Minister.

Coming into force conditional on filing

(2) Subject to the regulations made under paragraph 111(p), the collective agreement may come into force only if at least one party has filed a copy of it with the Minister.

Coming into force of provisions

(3) Once the copy is filed with the Minister, the provisions of the collective agreement come into force on the day or days on which they would have come into force were it not for the requirement under subsection (2), even if those days precede the day on which it is filed.

434. The Act is amended by adding the following after section 239.1:

Division XIII.2

Long-term Disability Plans

Employer’s obligation

239.2 (1) Every employer that provides benefits to its employees under a long-term disability plan must insure the plan with an entity that is licensed to provide insurance under the laws of a province.

Exception

(2) However, an employer may provide those benefits under a long-term disability plan that is not insured, in the circumstances and subject to the conditions provided for in the regulations.

Regulations

239.3 The Governor in Council may make regulations respecting long-term disability plans, including regulations

(a) specifying what constitutes a long-term disability plan; and

(b) specifying the circumstances and conditions referred to in subsection 239.2(2).

435. Subsection 249(2) of the Act is amended by adding the following after paragraph (c):

(c.1) require any employer that provides benefits to its employees under a long-term disability plan that must be insured in accordance with subsection 239.2(1) to furnish proof that the plan is insured in accordance with that subsection;

R.S., c. 9 (1st Supp.), s. 19(1)

436. (1) The portion of subsection 256(1) of the Act before paragraph (b) is replaced by the following:

Offences and punishment

256. (1) Every person is guilty of an offence who

(a) contravenes any provision of this Part or the regulations, other than a provision of Division IX, subsection 239.1(2), 239.2(1) or 252(2) or any regulation made under section 227 or paragraph 264(a),

R.S., c. 9 (1st Supp.), s. 19(1)

(2) The portion of subsection 256(1) of the English version of the Act after paragraph (c) is repealed.

(3) Subsection 256(2) of the Act is replaced by the following:

Punishment

(1.1) Every person who is guilty of an offence under subsection (1) is liable on summary conviction

(a) in the case of an employer that is a corporation,

(i) for a first offence, to a fine of not more than $50,000,

(ii) for a second offence, to a fine of not more than $100,000, and

(iii) for each subsequent offence, to a fine of not more than $250,000; and

(b) in all other cases,

(i) for a first offence, to a fine of not more than $10,000,

(ii) for a second offence, to a fine of not more than $20,000, and

(iii) for each subsequent offence, to a fine of not more than $50,000.

Second or subsequent offence

(1.2) For the purposes of subsection (1.1), in determining whether a person convicted of an offence has committed a second or subsequent offence, an earlier offence may be taken into account only if the person was convicted of the earlier offence within the five-year period immediately before the day on which the person is convicted of the offence for which sentence is being imposed.

Offences — employers

(2) Every employer that contravenes any provision of Division IX, subsection 239.1(2) or 239.2(1) or any regulation made under section 227 is guilty of an offence punishable on summary conviction and liable to a fine of not more than $250,000.

R.S., c. 9 (1st Supp.), s. 19(2)

(4) The portion of subsection 256(3) of the French version of the Act before paragraph (a) is replaced by the following:

Autre infraction

(3) Commet une infraction et encourt, sur déclaration de culpabilité par procédure sommaire, une amende maximale de mille dollars pour chacun des jours au cours desquels se continue l’infraction l’employeur qui :

(5) Paragraph 256(3)(a) of the Act is replaced by the following:

(a) fails to keep any record that by subsection 252(2) or any regulation made under paragraph 264(a) the employer is required to keep, or

R.S., c. 9 (1st Supp.), s. 19(2)

(6) The portion of subsection 256(3) of the English version of the Act after paragraph (b) is replaced by the following:

is guilty of an offence and liable on summary conviction to a fine of not more than $1,000 for each day during which the refusal or failure continues.

R.S., c. 9 (1st Supp.), s. 20

437. Section 259 of the Act is replaced by the following:

Failure to comply with order

259. An employer that fails to comply with an order of a convicting court made under section 258 is guilty of an offence punishable on summary conviction and liable to a fine of not more than $1,000 for each day during which the failure continues.

Transitional Provisions

Existing claims

438. If, before the coming into force of section 239.2 of the Canada Labour Code, as enacted by section 434, an employer provides benefits to its employees under a long-term disability plan that is not insured with an entity that is licensed to provide insurance under the laws of a province and either benefits are being paid to one of those employees under that plan or an application for the payment of benefits under that plan has been submitted by one of those employees, that employer, on the coming into force of that section 239.2, is not required to insure that plan in accordance with that section 239.2 and may continue to provide benefits under that plan but only to the employee who is being paid benefits or to the employee who submitted an application for the payment of benefits.

Limitation — second or subsequent offences

439. Despite subsection 256(1.2) of the Canada Labour Code, as enacted by section 436, in determining whether a person has committed a second or subsequent offence for the purposes of subsection 256(1.1) of that Act as enacted by that section, an earlier offence may be taken into account only if the person is convicted of the earlier offence on or after the day on which that section comes into force.

Coming into Force

Sections 432 and 433

440. (1) Sections 432 and 433 come into force on a day to be fixed by order of the Governor in Council.

Sections 434 to 439

(2) Sections 434 to 439 come into force on a day to be fixed by order of the Governor in Council.

Division 23

R.S., c. L-4

Fair Wages and Hours of Labour Act

Repeal

Repeal of R.S., c. L-4

441. The Fair Wages and Hours of Labour Act is repealed.

Transitional Provision

Rights and obligations not affected

442. The repeal of the Fair Wages and Hours of Labour Act does not affect any rights or obligations acquired or incurred under a contract or agreement to which that Act applied.

1958, c. 23

Consequential Amendment to the Campobello-Lubec Bridge Act

443. Section 6 of the Campobello-Lubec Bridge Act is repealed.

Coming into Force

Order in council

444. This Division comes into force on a day to be fixed by order of the Governor in Council.

Division 24

R.S., c. O-9

Old Age Security Act

Amendments to the Act

445. The heading before section 2 of the French version of the Old Age Security Act is replaced by the following:

DÉFINITIONS ET INTERPRÉTATION

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

Amount of full pension

2.1 (1) In this Act, a reference to the amount of a full monthly pension means the amount of a full monthly pension that has not been increased under subsection 7.1(1) or (2).

Monthly pension

(2) The terms “pensioner’s monthly pension” in subsections 12(5) and 22(2) and “pension” in subsection 12(5.1) mean, respectively, a pensioner’s monthly pension and a pension that have not been increased under subsection 7.1(1) or (2).

447. The Act is amended by adding the following before the heading “Part I”:

References to “sixty years”

2.2 (1) In this Act, a reference to the age of “sixty years” or “60 years” is to be read for the applicable period set out in column 1 of the table to this subsection as a reference to the corresponding age in column 2.

table

Column 1	Column 2
Period	Age
From April 1, 2023 to June 30, 2023	60 years and one month
From July 1, 2023 to September 30, 2023	60 years and two months
From October 1, 2023 to December 31, 2023	60 years and three months
From January 1, 2024 to March 31, 2024	60 years and four months
From April 1, 2024 to June 30, 2024	60 years and five months
From July 1, 2024 to September 30, 2024	60 years and six months
From October 1, 2024 to December 31, 2024	60 years and seven months
From January 1, 2025 to March 31, 2025	60 years and eight months
From April 1, 2025 to June 30, 2025	60 years and nine months
From July 1, 2025 to September 30, 2025	60 years and 10 months
From October 1, 2025 to December 31, 2025	60 years and 11 months
From January 1, 2026 to March 31, 2026	61 years
From April 1, 2026 to June 30, 2026	61 years and one month
From July 1, 2026 to September 30, 2026	61 years and two months
From October 1, 2026 to December 31, 2026	61 years and three months
From January 1, 2027 to March 31, 2027	61 years and four months
From April 1, 2027 to June 30, 2027	61 years and five months
From July 1, 2027 to September 30, 2027	61 years and six months
From October 1, 2027 to December 31, 2027	61 years and seven months
From January 1, 2028 to March 31, 2028	61 years and eight months
From April 1, 2028 to June 30, 2028	61 years and nine months
From July 1, 2028 to September 30, 2028	61 years and 10 months
From October 1, 2028 to December 31, 2028	61 years and 11 months
After December 31, 2028	62 years

References to “sixty-five years”

(2) In this Act, a reference to the age of “sixty-five years” or “65 years” is to be read for the applicable period set out in column 1 of the table to this subsection as a reference to the corresponding age in column 2.

table

Column 1	Column 2
Period	Age
From April 1, 2023 to June 30, 2023	65 years and one month
From July 1, 2023 to September 30, 2023	65 years and two months
From October 1, 2023 to December 31, 2023	65 years and three months
From January 1, 2024 to March 31, 2024	65 years and four months
From April 1, 2024 to June 30, 2024	65 years and five months
From July 1, 2024 to September 30, 2024	65 years and six months
From October 1, 2024 to December 31, 2024	65 years and seven months
From January 1, 2025 to March 31, 2025	65 years and eight months
From April 1, 2025 to June 30, 2025	65 years and nine months
From July 1, 2025 to September 30, 2025	65 years and 10 months
From October 1, 2025 to December 31, 2025	65 years and 11 months
From January 1, 2026 to March 31, 2026	66 years
From April 1, 2026 to June 30, 2026	66 years and one month
From July 1, 2026 to September 30, 2026	66 years and two months
From October 1, 2026 to December 31, 2026	66 years and three months
From January 1, 2027 to March 31, 2027	66 years and four months
From April 1, 2027 to June 30, 2027	66 years and five months
From July 1, 2027 to September 30, 2027	66 years and six months
From October 1, 2027 to December 31, 2027	66 years and seven months
From January 1, 2028 to March 31, 2028	66 years and eight months
From April 1, 2028 to June 30, 2028	66 years and nine months
From July 1, 2028 to September 30, 2028	66 years and 10 months
From October 1, 2028 to December 31, 2028	66 years and 11 months
After December 31, 2028	67 years

References to “seventy years”

(3) In this Act, a reference to the age of “seventy years” or “70 years” is to be read for the applicable period set out in column 1 of the table to this subsection as a reference to the corresponding age in column 2.

table

Column 1	Column 2
Period	Age
From April 1, 2028 to June 30, 2028	70 years and one month
From July 1, 2028 to September 30, 2028	70 years and two months
From October 1, 2028 to December 31, 2028	70 years and three months
From January 1, 2029 to March 31, 2029	70 years and four months
From April 1, 2029 to June 30, 2029	70 years and five months
From July 1, 2029 to September 30, 2029	70 years and six months
From October 1, 2029 to December 31, 2029	70 years and seven months
From January 1, 2030 to March 31, 2030	70 years and eight months
From April 1, 2030 to June 30, 2030	70 years and nine months
From July 1, 2030 to September 30, 2030	70 years and 10 months
From October 1, 2030 to December 31, 2030	70 years and 11 months
From January 1, 2031 to March 31, 2031	71 years
From April 1, 2031 to June 30, 2031	71 years and one month
From July 1, 2031 to September 30, 2031	71 years and two months
From October 1, 2031 to December 31, 2031	71 years and three months
From January 1, 2032 to March 31, 2032	71 years and four months
From April 1, 2032 to June 30, 2032	71 years and five months
From July 1, 2032 to September 30, 2032	71 years and six months
From October 1, 2032 to December 31, 2032	71 years and seven months
From January 1, 2033 to March 31, 2033	71 years and eight months
From April 1, 2033 to June 30, 2033	71 years and nine months
From July 1, 2033 to September 30, 2033	71 years and 10 months
From October 1, 2033 to December 31, 2033	71 years and 11 months
After December 31, 2033	72 years

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

Amount of partial pension

(3) Subject to subsection 7.1(3), the amount of a partial monthly pension, for any month, shall bear the same relation to the full monthly pension for that month as the aggregate period that the applicant has resided in Canada after attaining 18 years of age and before the day on which the application is approved, determined in accordance with subsection (4), bears to 40 years.

449. The Act is amended by adding the following after section 4:

Presumption

4.1 If the Minister intends to waive the requirement for an application in respect of a person under subsection 5(4) and the information available to the Minister under this Act with respect to that person includes the prescribed information, the person is presumed, in the absence of evidence to the contrary, to have met the requirements of

(a) subparagraph 3(1)(b)(iii) or (c)(iii) or paragraph 3(2)(b); or

(b) paragraph 4(1)(a) or (b).

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

Waiver of application

(4) The Minister may, on the day on which a person attains 65 years of age, waive the requirement referred to in subsection (1) for an application if the Minister is satisfied, based on information that is available to him or her under this Act, that the person is qualified under subsection 3(1) or (2) for the payment of a pension.

Notice of intent

(5) If the Minister intends to waive the requirement for an application in respect of a person, the Minister shall notify the person in writing of that intention and provide them with the information on which the Minister intends to rely to approve the payment of a pension.

Inaccuracies

(6) The person shall, before the day on which they attain 65 years of age, file with the Minister a statement in which the person corrects any inaccuracies in the information provided by the Minister under subsection (5).

Declining waiver

(7) The person may, before the day on which they attain 65 years of age, decline a waiver of the requirement for an application by notifying the Minister in writing of their decision to do so.

Cancellation of waiver

(8) Even if the requirement for an application is intended to be waived in respect of a person under subsection (4), the Minister may, before the day on which the person attains 65 years of age, require that the person make an application for payment of a pension and, in that case, the Minister shall notify the person in writing of that requirement.

451. The Act is amended by adding the following after section 7:

Voluntary deferral — full monthly pension

7.1 (1) If a person applies for their pension after they become qualified to receive a full monthly pension, the amount of that pension, as calculated in accordance with section 7, is increased by 0.6% for each month in the period that begins in the month after the month in which the person becomes qualified for that pension and that ends in the month in which the person’s application is approved.

Voluntary deferral — partial monthly pension

(2) If a person applies for their pension after they become qualified to receive a partial monthly pension, the amount of that pension, as it is calculated in accordance with subsection 3(3) at the time that they become qualified for that pension, is increased by 0.6% for each month in the period that begins in the month after that time and that ends in the month in which the person’s application is approved.

Greatest amount of pension

(3) A person who is qualified to receive a monthly pension shall, unless they decide otherwise, receive the greatest of the following amounts:

(a) the amount of the full monthly pension as it is increased under subsection (1), if the person is qualified to receive a full monthly pension,

(b) the amount of the partial monthly pension as it is increased under subsection (2), and

(c) the amount of the partial monthly pension as it is calculated under subsection 3(3) at the time that the person’s application is approved.

Limitation

(4) Despite subsections (1) and (2), the amount of a pension is not increased for any month

(a) before July 2013;

(b) after the month in which the person attains 70 years of age; or

(c) in which the person’s pension would not be paid by virtue of subsection 5(3), or would be suspended under subsection 9(1) or (3), if the person were a pensioner.

1995, c. 33, s. 3(1)

452. Subsection 8(2) of the French version of the Act is replaced by the following:

Exception

(2) Toutefois, si le demandeur a déjà atteint l’âge de soixante-cinq ans au moment de la réception de la demande, l’effet de l’agrément peut être rétroactif à la date fixée par règlement, celle-ci ne pouvant être antérieure au jour où il atteint cet âge ni précéder de plus d’un an le jour de réception de la demande.

453. The Act is amended by adding the following after section 9.2:

Request to cancel pension

9.3 (1) A pensioner may, in the prescribed manner and within the prescribed time after payment of a pension has commenced, request cancellation of that pension.

Effect of cancellation

(2) If the request is granted and the amount of any pension and related supplement and allowance is repaid within the prescribed time,

(a) the application for that pension is deemed never to have been made; and

(b) the pension is deemed for the purposes of this Act not to have been payable during the period in question.

1995, c. 33, s. 5; 1998, c. 21, par. 119(2)(b)(E)

454. (1) Subsection 11(2) of the Act is replaced by the following:

Requirement for application

(2) Subject to subsections (3.1) and (4), no supplement may be paid to a pensioner for a month in any payment period unless an application for payment of a supplement has been made by the pensioner and payment of the supplement for months in that year has been approved under this Part.

(2) Section 11 of the Act is amended by adding the following after subsection (3):

Waiver of application

(3.1) The Minister may, in respect of a person, waive the requirement referred to in subsection (2) for an application for payment of a supplement for any month or months in a payment period if, on the day on which the person attains 65 years of age, the Minister is satisfied, based on information available to him or her under this Act, that the person is qualified under this section for the payment of a supplement.

Notice of intent

(3.2) If the Minister intends to waive the requirement for an application in respect of a person under subsection (3.1), the Minister shall notify the person in writing of that intention and provide them with the information on which the Minister intends to rely to approve the payment of a supplement.

Inaccuracies

(3.3) The person shall, before the day on which they attain 65 years of age, file with the Minister a statement in which the person corrects any inaccuracies in the information provided by the Minister under subsection (3.2).

Declining waiver

(3.4) The person may, before the day on which they attain 65 years of age, decline a waiver of the requirement for an application by notifying the Minister in writing of their decision to do so.

Cancellation of waiver

(3.5) Even if the requirement for an application is intended to be waived in respect of a person under subsection (3.1), the Minister may, before the day on which the person attains 65 years of age, require that the person make an application for payment of a supplement and, in that case, the Minister shall notify the person in writing of that requirement.

1995, c. 33, s. 5; 1998, c. 21, par. 119(1)(a)

(3) Subsection 11(5) of the French version of the Act is replaced by the following:

Avis

(5) Lorsque le ministre accorde la dispense prévue au paragraphe (4) et que la présentation d’une demande est par la suite requise pour le versement d’un supplément pour un ou plusieurs mois ultérieurs de la même période de paiement, il est tenu, au moins quinze jours avant le mois ultérieur — ou le premier des mois ultérieurs — en question, d’aviser par écrit le pensionné de la nécessité de présenter une demande.

1995, c. 33, s. 6

455. The portion of subsection 14(1.1) of the Act before paragraph (a) is replaced by the following:

Minister may estimate income

(1.1) If the requirement for an application for payment of a supplement for any month has been waived under subsection 11(3.1) or (4), the Minister may, on the basis of the information available to him or her,

456. Section 15 of the Act is amended by adding the following after subsection (2.2):

Notice of intent

(2.3) If the Minister intends to waive the requirement for an application in respect of a person under subsection 11(3.1) and the person has a spouse or common-law partner, the Minister shall notify the spouse or common-law partner in writing of that intention and provide the spouse or common-law partner with the information regarding them on which the Minister intends to rely to approve the payment of a supplement.

Inaccuracies

(2.4) The person’s spouse or common-law partner shall, before the day on which the person attains 65 years of age, file with the Minister a statement in which the spouse or common-law partner corrects any inaccuracies in the information provided by the Minister under subsection (2.3).

1995, c 33, s. 8

457. Subsection 16(1) of the Act is replaced by the following:

Consideration of application or waiver

16. (1) The Minister shall, without delay after receiving an application for payment of a supplement under subsection 11(2) or after waiving the requirement for an application for payment of a supplement under subsection 11(3.1) or (4), as the case may be, consider whether the applicant is entitled to be paid a supplement, and may approve payment of a supplement and fix its amount, or may determine that no supplement may be paid.

458. The Act is amended by adding the following after section 18: