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Bill C-43

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Coming into Force

September 30, 2015

210. Section 196, subsections 197(1), (2) and (4) and section 198 come into force on September 30, 2015.

Division 12

1995, c. 28

Business Development Bank of Canada Act

211. (1) The definition “Executive Committee” in section 2 of the Business Development Bank of Canada Act is repealed.

(2) The definition “person” in section 2 of the Act is replaced by the following:

“person”
« personne »

“person” includes a trust, a partnership, a joint venture and an association of natural persons or corporations;

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

“joint venture”
« coentreprise »

“joint venture” means an association of persons, when the relationship among those associated persons does not, under the laws of Canada, constitute a corporation, partnership or trust;

212. Section 6 of the Act is amended by adding the following after subsection (1):

Absence or incapacity

(1.1) If the Chairperson is absent or unable to act or the office of Chairperson is vacant, the Board may authorize one of the other directors to act as Chairperson, but that person is not authorized to act as Chairperson for a period of more than 180 days without the approval of the Governor in Council.

213. Subsections 7(3) and (4) of the Act are replaced by the following:

Committees of Board

(3) The Board may establish any committee of the Board that it considers advisable and may determine the committee’s composition and duties and the tenure of its members.

Delegation of powers and specification of duties

(4) The Board may delegate power to, and specify the duties and authority of, any committee of the Board to act in all matters that are not by this Act or any by-law or resolution specifically reserved to be done by the Board.

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

Duties of President

9. (1) The President is the chief executive officer of the Bank and has, on behalf of the Board, responsibility for the direction and management of the business and affairs of the Bank with authority to act in all matters that are not by this Act or any by-law or resolution specifically reserved to be done by the Board or a committee of the Board.

Absence or incapacity

(2) If the President is absent or unable to act or the office of President is vacant, the Board may authorize an officer or employee of the Bank to act as President, but that person is not authorized to act as President for a period of more than 180 days without the approval of the Governor in Council.

2011, c. 21, s. 4(E)

215. Sections 11 and 12 of the Act are replaced by the following:

Delegation of powers and specification of duties

11. The Board may delegate power to, and specify the duties and authority of, any officer, employee or agent or mandatary of the Bank to act in all matters that are not by this Act or any by-law or resolution specifically reserved to be done by the Board or a committee of the Board.

Confidentiality

12. All directors, officers and employees of the Bank or of any subsidiary, and all agents or mandataries, advisers and consultants whose services are engaged by the Bank or any subsidiary, must, before commencing their duties, take an oath or make a solemn affirmation of office and confidentiality in the form set out in the schedule before a commissioner of oaths or other person having authority to administer the oath or solemn affirmation in the place where it is taken or made.

2003, c. 22, par. 224(h)(E)

216. Subsection 13(1) of the French version of the Act is replaced by the following:

Rémunération des administrateurs

13. (1) La Banque verse au président du conseil et aux autres administrateurs — à l’exception du président et des administrateurs qui font partie de l’administration publique fédérale — la rémunération fixée par le gouverneur en conseil pour le temps qu’ils consacrent aux réunions du conseil ou d’un comité du conseil et pour l’exécution des fonctions que leur confère la présente loi.

217. (1) Subsections 14(1) and (2) of the Act are replaced by the following:

Loans, investments, etc.

14. (1) The Bank may

(a) make loans to, or investments in, any person;

(b) give guarantees in relation to any person; or

(c) extend credit or provide liquidity to, or in relation to, any person through a category of transactions that is prescribed by the regulations.

How services may be provided

(2) The services referred to in subsection (1) may be

(a) provided directly;

(b) provided through arrangements with other persons; or

(2) The portion of subsection 14(3) of the French version of the Act before paragraph (a) is replaced by the following:

Critères

(3) Les prêts et investissements ne peuvent se faire, ou les garanties se donner, que si, de l’avis du conseil ou d’un comité ou cadre autorisé par le conseil, les conditions suivantes sont réunies :

2011, c. 21, s. 6

(3) Subsections 14(4) and (5) of the Act are replaced by the following:

Enterprises outside Canada — loans and guarantees

(4) Despite paragraph (3)(a), loans may be made to, or guarantees given in relation to, a person that is engaged or about to be engaged in an enterprise outside Canada if

(a) the person is a corporation, trust, partnership or joint venture in which at least one third of the voting interests are held by Canadians or is an association of natural persons or corporations of which at least half the members are Canadians; and

(b) at least one of the Canadians referred to in paragraph (a) is also engaged or about to be engaged in an enterprise in Canada.

Enterprises outside Canada— investments

(5) Despite paragraph (3)(a), investments may be made in a person that is engaged or about to be engaged in an enterprise outside Canada if

(a) the person meets the requirements set out in paragraphs (4)(a) and (b); and

(b) the investment is of a category prescribed by the regulations.

Funds outside Canada — investments

(6) Despite paragraph (3)(a), investments may be made in a person outside Canada if, in the opinion of the Board or any committee or officer designated by the Board,

(a) the person is an investment fund or other investment vehicle of which at least one half of the investment managers reside in Canada; and

(b) that fund or vehicle has an investment strategy that reflects an ongoing commitment to invest in Canada.

Limitation

(7) Paragraph (3)(b) does not apply

(a) to a person that is a trust, a corporation as defined in subsection 2(1) of the Canada Not-for-profit Corporations Act or a corporation incorporated under a provincial statute equivalent to that Act; or

(b) in the case where a loan, investment or guarantee is made or given through an arrangement referred to in paragraph (2)(b).

Complementary to other services

(8) The services referred to in subsection (1) are to fill out or complete services available from commercial financial institutions.

Acquiring and dealing with property

(9) In any circumstances in which the Bank may provide a service to a person under this section, the Bank may

(a) purchase or otherwise acquire real or personal property or immovables or movables including accounts receivable; and

(b) subject to any right of redemption that may exist, hold, lease to the person or subsequently sell, dispose of or otherwise deal with the property or immovables or movables.

Definitions

(10) The following definitions apply in this section.

“Canadian”
« Canadien »

“Canadian” has the same meaning as in paragraph (a), (b) or (d) of the definition “Canadian” in section 3 of the Investment Canada Act.

“voting interest”
« intérêt avec droit de vote »

“voting interest”

(a) with respect to a corporation with share capital, means a voting share;

(b) with respect to 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) with respect to 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.

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

Agreements

17. (1) The Bank may provide, or enter into agreements for the provision of, any of the following services:

(a) consulting;

(b) management training and mentoring;

(d) information and research;

(e) any other management services prescribed by the regulations.

Complementary to service providers

(2) The services are to fill out or complete services available from private sector service providers.

2011, c. 21, s. 9(E)

219. Section 20 of the Act and the heading before it are replaced by the following:

Agreements and Programs

Agreements

20. The Bank may enter into agreements with, and act as agent or mandatary for, any department or agency of the government of Canada or a province, or any other body or person, for the provision of services or programs to, by, on behalf of or jointly with that body or person and, subject to subsection 14(3), may deliver financial assistance on their behalf under the agreement.

220. Subsection 28(1) of the French version of the Act is replaced by the following:

Instruments hybrides de capital

28. (1) La Banque peut, avec l’approbation du gouverneur en conseil donné sur la recommandation du ministre des Finances, émettre en faveur de personnes autres que Sa Majesté des instruments hybrides de capital que le gouverneur en conseil désigne par règlement comme étant, en tout ou en partie, des capitaux propres pour l’application de l’alinéa 30(2)d).

221. Paragraph 30(2)(d) of the French version of the Act is replaced by the following:

d) le produit des instruments d’emprunts, instruments hybrides de capital ou autres arrangements, que le gouverneur en conseil désigne par règlement comme étant des capitaux propres.

2011, c. 21, s. 11(E)

222. Subsection 37(1) of the Act is replaced by the following:

Privileged information

37. (1) Subject to subsection (2), all information obtained by the Bank or by a subsidiary in relation to its customers is privileged and a director, officer, employee or agent or mandatary of, or adviser or consultant to, the Bank or a subsidiary must not knowingly communicate, disclose or make available the information, or permit it to be communicated, disclosed or made available.

223. Section 40 of the Act is replaced by the following:

Regulations

40. The Governor in Council may make regulations

(a) defining “hybrid capital instrument”; and

(b) prescribing anything that by this Act is to be prescribed.

Division 13

2014, c. 2, s. 2

Northwest Territories Act

224. Section 65 of the Northwest Territories Act is renumbered as subsection 65(1) and is amended by adding the following:

Extension of period of Legislative Assembly

(2) Despite subsection (1), if the election period for the first general election after the coming into force of section 1 would overlap with the election period for a general election to be held under subsection 56.1(2) or section 56.2 of the Canada Elections Act, the period during which the members referred to in subsection (1) continue in office as members of the Legislative Assembly may be extended until five years from the date fixed for the return of the writs at the last general election under the former Act, but the Commissioner may dissolve the Legislative Assembly before then.

Division 14

1996, c. 23

Employment Insurance Act

225. (1) Section 96 of the Employment Insurance Act is amended by adding the following after subsection (8.96):

Temporary measure — small business refund 2015

(8.97) If an employer’s premium is $15,000 or less for 2015, the Minister shall refund to the employer a portion of the premium for 2015 determined by the following formula if that amount is more than $2:

E × 0.28% × 1.4

where

E is the total of all insurable earnings paid in 2015 by the employer for which premiums were deductible.

Temporary measure — small business refund 2016

(8.98) If an employer’s premium is $15,000 or less for 2016, the Minister shall refund to the employer a portion of the premium for 2016 determined by the following formula if that amount is more than $2:

E × 0.28% × 1.4

where

E is the total of all insurable earnings paid in 2016 by the employer for which premiums were deductible.

2013, c. 40, s. 135(2)

(2) Subsection 96(13.1) of the Act is replaced by the following:

No interest payable

(13.1) Despite subsection (13), no interest shall be paid on refunds payable under subsection (8.7), (8.91), (8.94), (8.97) or (8.98).

226. The Act is amended by adding the following after section 112:

Decision not reviewable

112.1 A decision of the Commission made under the Employment Insurance Regulations respecting the writing off of any penalty owing, amount payable or interest accrued on any penalty owing or amount payable is not subject to review under section 112.

Division 15

1997, c. 14

Canada-Chile Free Trade Agreement Implementation Act

227. Section 14 of the Canada-Chile Free Trade Agreement Implementation Act is replaced by the following:

Appointments to roster

14. (1) The Governor in Council may, in accordance with a consensus reached under Article G-25 of the Agreement, appoint any person to be a member of the roster established under that Article.

Appointment of panelist

(2) The Minister may

(a) appoint a panelist in accordance with paragraph 2 of Article N-09 of the Agreement; and

(b) propose candidates to serve as the chair of a panel, or select the chair, in accordance with Article N-09.

Division 16

1998, c. 10

Canada Marine Act

228. Section 46 of the Canada Marine Act is amended by adding the following after subsection (2.1):

Acquisition of federal real property or federal immovables

(2.11) A port authority may acquire federal real property or federal immovables, if supplementary letters patent have been issued. For greater certainty, the federal real property or federal immovables become, on acquisition, real property or immovables other than federal real property or federal immovables.

Lease or licence — other real property and immovables

(2.12) A port authority may, for the purpose of operating the port, lease or license any real property or immovable that it holds, other than federal real property or federal immovables, subject to the limits in the port authority’s letters patent. The term of the lease or licence may not be more than the maximum term that the letters patent set out for such a lease or licence.

2001, c. 4, s. 142

229. Paragraph 48(2)(c) of the Act is replaced by the following:

(c) subject to any regulations made under section 62 or subsection 64.1(1), regulate the type of structures or works that may be erected.

2008, c. 21, s. 33

230. Subsection 61(1) of the Act is replaced by the following:

Order and safety

61. (1) Subject to any regulations made under section 62 or subsection 64.1(1), a port authority shall take appropriate measures for the maintenance of order and the safety of persons and property in the port.

231. The Act is amended by adding the following after section 64:

Undertakings Situated in a Port

Regulations

64.1 (1) The Governor in Council may make regulations respecting any undertaking or class of undertakings that is situated or proposed to be situated in a port, including regulations respecting the development, use and environmental protection of the port as it relates to the undertaking or class of undertakings.

Included powers

(2) Without limiting the generality of subsection (1), a regulation made under that subsection may

(a) designate the undertakings or classes of undertakings to which the regulations apply;

(b) confer any legislative, administrative, judicial or other power on any person or body that the Governor in Council considers necessary to effectively regulate the undertaking;

(c) confer on any person or body the power, exercisable in circumstances and subject to conditions similar to those applicable to the exercise of that power under the law of the province in which the undertaking is situated,

(i) to make orders requiring any person or body to cease any work, comply with the regulations or take any measure to remedy the consequences of any contravention of the regulations, or

(ii) to do any work that the person or body considers necessary and to recover the costs of that work;

(d) fix, or prescribe the manner of calculating, any charge to be paid in respect of the undertaking;

(e) fix, or prescribe the manner of calculating, the rate of interest to be charged on amounts owing under the regulations;

(f) establish offences punishable on summary conviction for contraventions of the regulations, if similar acts or omissions constitute an offence under the laws in force in the province in which the undertaking is situated, and set, for such offences, fines or terms of imprisonment, or both, that are not more than the fines or terms of imprisonment applicable under those laws;

(g) establish administrative monetary penalties for contraventions of the regulations, if similar acts or omissions are punishable by administrative monetary penalties under the laws in force in the province in which the undertaking is situated, and set the amount of each of those penalties at an amount that is not more than the amount applicable under those laws;

(h) set limits on the liability of, and establish defences and immunities for, any person or body exercising a power or performing a duty or function under the regulations;

(i) confer on any person, for the purpose of verifying compliance with the regulations, the power to enter a place, to inspect the place and to seize and detain any thing found in that place, in circumstances and subject to conditions similar to those applicable to the exercise of that power under the law of the province in which the undertaking is situated;

(j) require that security be given or a trust or fund be established to secure the performance of any obligation imposed under the regulations;

(k) prescribe rules respecting the confidentiality or disclosure of any information obtained under the regulations;

(l) provide for the retention or the disposal, including the destruction, of documents, regardless of medium, that are created or submitted under the regulations;

(m) prescribe rules of procedure for hearings to be held in relation to the undertaking, including rules for the issuance of subpoenas to require the appearance of persons and the production of documents and rules requiring that evidence be given under oath, or confer on any person or body the power to prescribe those rules; and

(n) provide for the arbitration of disputes arising under the regulations.

Application to Crown

(3) A regulation made under subsection (1) may be made binding on Her Majesty in right of Canada or a province.

Incorporation by reference

64.2 (1) A regulation made under subsection 64.1(1) may incorporate by reference any document produced by a person or body other than the Minister, including any Act of a province or legislative instrument made under such an Act, as it exists on a particular date or as it is amended from time to time, with any adaptations that the Governor in Council considers necessary.

Existing power not limited

(2) For greater certainty, the express power referred to in subsection (1) 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.

Conflict with regulations under another Act

64.3 Regulations made under subsection 63(2) or under any other Act of Parliament prevail over regulations made under subsection 64.1(1) to the extent of any conflict or inconsistency between them, unless otherwise provided in the regulations made under subsection 64.1(1).

Conflict with rules

64.4 Regulations made under subsection 64.1(1) prevail over any by-laws, practices and procedures or other similar instruments, and land-use plans, made by a port authority to the extent of any conflict or inconsistency between them, unless otherwise provided in those regulations.

Non-application

64.5 Sections 108 to 129.19 do not apply to the administration and enforcement of and the contravention of a regulation made under subsection 64.1(1).

Agreements

Agreements — administration and enforcement

64.6 (1) The Minister may enter into agreements with any person or body, including the government of a province, with respect to the administration and enforcement of a regulation made under subsection 64.1(1).

Dispute resolution

(2) An agreement referred to in subsection (1) may provide for the arbitration, in accordance with the law of the province, of disputes arising from the interpretation or application of that agreement, in which case the Commercial Arbitration Act does not apply to the dispute.

Other Acts

Statutory Instruments Act

64.7 The Statutory Instruments Act does not apply to any legislative instrument made by a provincial official or body under the authority of a provincial law that is incorporated by reference in a regulation made under subsection 64.1(1).

Federal Courts Act

64.8 (1) A provincial official or body that exercises a power or performs a duty or function under a regulation made under subsection 64.1(1) is not a federal board, commission or other tribunal for the purposes of the Federal Courts Act.

Review or appeal in provincial courts

(2) Unless otherwise provided by a regulation made under subsection 64.1(1), if a power is conferred or a duty or function is imposed by a provincial law that is incorporated by reference in the regulation, the exercise of the power or the performance of the duty or function is subject to review by, or appeal to, the courts of the province in the same manner and to the same extent as if the provincial law applied.

Amounts collected

64.9 Payments collected by a provincial official or body under a regulation made under subsection 64.1(1) are not public money for the purposes of the Financial Administration Act.

User Fees Act

64.91 For greater certainty, the User Fees Act does not apply to any fee that is fixed under a provincial law that is incorporated by reference in a regulation made under subsection 64.1(1).

Limits on Liability, Defences and Immunities

Acts and omissions

64.92 In respect of any act or omission occurring in the exercise of a power or the performance of a duty or function under a regulation made under subsection 64.1(1),

(a) Her Majesty in right of Canada is entitled to the same limits on liability, defences and immunities as those that would apply to Her Majesty in right of the province in which the undertaking that is the subject of the regulation is situated when Her Majesty in right of that province exercises such a power or performs such a duty or function under the law of that province; and

(b) a port authority and any person or body exercising the power or performing the duty or function is entitled, unless otherwise provided by the regulation, to the same limits on liability, defences and immunities as those that would apply to a person or body when the person or body exercises such a power or performs such a duty or function under the law of the province in which the undertaking that is the subject of the regulation is situated.

Right or interest in port

64.93 No civil proceeding may be brought, no order may be made and no fine or monetary penalty may be imposed against Her Majesty in right of Canada or a port authority, in relation to an undertaking that is situated in a port, under regulations made under subsection 64.1(1), based on any right or interest held by Her Majesty or the port authority in that port.

Division 17

1998, c. 37

DNA Identification Act

Amendments to the Act

232. Section 2 of the DNA Identification Act is amended by adding the following in alphabetical order:

“human remains”
« restes humains »

“human remains” includes any detached part of the body of a person who may still be alive.

“investigating authority”
« autorité chargée de l’enquête »

“investigating authority” means, as the case may be,

(a) a Canadian law enforcement agency;

(b) a coroner or medical examiner, or a person or organization with similar duties or functions, who is acting in the course of their duties under an Act of Parliament or of a provincial legislature; or

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

Purpose

3. The purpose of this Act is to establish a national DNA data bank to help

(a) law enforcement agencies identify persons alleged to have committed designated offences, including those committed before the coming into force of this Act; and

(b) law enforcement agencies — as well as coroners, medical examiners or persons and organizations with similar duties or functions — find missing persons and identify human remains.

2000, c. 10, s. 5

234. (1) Paragraph 4(b) of the Act is replaced by the following:

(a.1) society is well served by locating missing persons and identifying human remains, which can be facilitated by the use of DNA profiles;

(b) the DNA profiles, as well as samples of bodily substances from which the profiles are derived, may be used only in accordance with this Act, and not for any unauthorized purpose; and

(2) Subparagraph 4(c)(i) of the French version of the Act is replaced by the following:

(i) l’utilisation et la communication des renseignements contenus dans la banque de données — notamment des profils —, de même que leur accessibilité,

235. The Act is amended by adding the following before section 5:

Establishment and Contents

2005, c. 10, par. 34(1)(h)

236. (1) Subsection 5(1) of the Act is replaced by the following:

Establishment

5. (1) The Minister of Public Safety and Emergency Preparedness shall establish a national DNA data bank, to be maintained by the Commissioner, consisting of

(a) for criminal identification purposes, a crime scene index, a convicted offenders index and a victims index;

(b) for the purposes of finding missing persons and identifying human remains, a missing persons index, a relatives of missing persons index and a human remains index; and

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

Victims index

(4.1) The victims index shall contain DNA profiles derived from bodily substances of a victim of a designated offence that

(a) are voluntarily submitted by the victim for the purpose of having their DNA profile added to the index; or

(b) if the victim is unidentified, deceased or unable to consent to submitting their bodily substances or their whereabouts are unknown, are obtained, as the case may be, from

(i) their personal effects,

(ii) any place associated with the commission of the designated offence, and

(iii) if the victim is deceased, their remains.

Missing persons index

(4.2) The missing persons index shall contain DNA profiles derived from bodily substances of a missing person, including bodily substances obtained from their personal effects.

Relatives of missing persons index

(4.3) The relatives of missing persons index shall contain DNA profiles derived from bodily substances of a person that are voluntarily submitted by them for the purpose of having their DNA profile added to the index, where their profile may assist in confirming the identity of a person whose DNA profile is contained in the missing persons index or human remains index.

Human remains index

(4.4) The human remains index shall contain DNA profiles derived from human remains.

Voluntary donors index

(4.5) The voluntary donors index shall contain DNA profiles derived from the bodily substances of a person, other than a victim of a designated offence, that are voluntarily submitted by them for the purpose of having their DNA profile added to the index, where their profile may be relevant to an investigation of a designated offence or of a missing person or human remains.

Other information

(5) In addition to the DNA profiles referred to in subsections (3) to (4.5), the DNA data bank shall contain, in relation to each of the profiles, information from which can be established

(a) in the case of a profile referred to in subsection (3) or any of subsections (4.1) to (4.4), the case number of the investigation associated with the bodily substance from which the profile was derived;

(b) in the case of a profile referred to in any of subsections (4) to (4.5), the identity of the person from whose bodily substance the profile was derived, if that identity is known; and

(c) in the case of a profile referred to in subsection (4.3), the stated biological or other relationship of the person from whose bodily substance the profile was derived with the person whose identity is to be confirmed.

2005, c. 25, s. 16

237. Subsection 5.1(2) of the Act is replaced by the following:

Forensic DNA analysis

(2) The Commissioner shall conduct a forensic DNA analysis of the bodily substances transmitted if satisfied that the offence referred to in the order or authorization is a designated offence and add the resulting DNA profile in the convicted offenders index.

2005, c. 25, ss. 17(1) and (3); 2007, c. 22, ss. 31(1), (2)(E) and (3) to (5)

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

Precondition — victims

5.3 (1) A DNA profile and related information shall be added to the victims index only if the Commissioner has reasonable grounds to suspect that the comparison of the profile conducted under subsection 5.5(1) will assist in the investigation of a designated offence with respect to which the profile was obtained.

Preconditions — missing persons and relatives

(2) A DNA profile and related information shall be added to the missing persons index or the relatives of missing persons index only if the Commissioner

(a) has reasonable grounds to suspect that the comparison of the profile conducted under section 5.5 will assist in the investigation of a missing person or human remains; and

(b) is satisfied that other investigative procedures have been tried and have failed or are unlikely to succeed, or that the urgency of the situation requires the comparison of the profile to others.

Written consent

5.4 A DNA profile and related information shall be added to the relatives of missing persons index or the voluntary donors index, or to the victims index in the circumstances described in paragraph 5(4.1)(a), only if the Commissioner has received the written consent to that addition, provided in accordance with any regulations, of the person who voluntarily provided the bodily substances from which the profile was derived.

Comparison of Profiles and Communication and Use of Information

Comparison of DNA profiles

5.5 (1) The Commissioner shall compare each DNA profile that is added to the crime scene index, the convicted offenders index, the victims index, the missing person index, the voluntary donors index or the human remains index with the DNA profiles that are already contained in those indices.

Relatives of missing persons index

(2) The Commissioner shall compare each DNA profile that is added to the relatives of missing persons index with the DNA profiles that are already contained in the missing persons index and the human remains index.

Communication — match

6. (1) If a comparison conducted under subsection 5.5(1) produces a match between DNA profiles, and none of the profiles that match is contained in the missing persons index or the human remains index, the Commissioner may communicate any information in relation to the profiles, to any laboratory or Canadian law enforcement agency that the Commissioner considers appropriate, for the purpose of

(a) if at least one of the profiles is contained in the victims index, the investigation of a designated offence with respect to which that profile was obtained; and

(b) in any other case, the investigation of any designated offence.

Missing persons and human remains indices

(2) If a comparison conducted under subsection 5.5(1) produces a match between DNA profiles, and at least one of the profiles that match is contained in the missing persons index or the human remains index, the Commissioner may communicate any information in relation to the profiles, to any investigating authority that the Commissioner considers appropriate, for the purpose of the investigation of a missing person or human remains.

Communication — similar profile

6.1 (1) If a comparison conducted under subsection 5.5(1) indicates that, in the Commissioner’s opinion, two or more DNA profiles are similar, the Commissioner may communicate the similar DNA profiles, to any investigating authority that the Commissioner considers appropriate, for the purpose of determining whether the possibility of a match between the profiles can be excluded.

Deemed match

(2) If the investigating authority advises the Commissioner that the profiles are similar and that the possibility of a match between the DNA profiles has not been excluded, the Commissioner may communicate any information in relation to the profiles in accordance with subsection 6(1) or (2), as the case may be, as if there were a match between them.

Relatives of missing persons index

(3) If a comparison conducted under subsection 5.5(2) indicates that a DNA profile that is already contained in the missing persons index or human remains index could be the profile of a biological relative of someone whose DNA profile is added to the relatives of missing persons index, the Commissioner may communicate any information in relation to both DNA profiles, to any investigating authority that the Commissioner considers appropriate, for the purpose of the investigation of a missing person or human remains.

Communication — no match

6.2 If a comparison conducted under section 5.5 produces neither a match between DNA profiles nor a result referred to in subsection 6.1(1) or (3), the Commissioner may communicate that fact to any investigating authority that the Commissioner considers appropriate.

Subsequent communication — paragraph 6(1)(a)

6.3 (1) Information that is communicated under paragraph 6(1)(a) may be communicated subsequently to a person to whom it is necessary to communicate the information for the purpose of the investigation or prosecution of a designated offence with respect to which the DNA profile referred to in that paragraph was obtained.

Subsequent communication — different purpose

(2) Information that is communicated under paragraph 6(1)(a) to a law enforcement agency may be communicated subsequently by a member of the agency to a person to whom it is necessary to communicate the information for the purpose of the investigation or prosecution of any designated offence, if the member has reasonable grounds to suspect that the information will assist in the investigation or prosecution.

Further communication — different purpose

(3) Information that is communicated to a person under subsection (2) may be communicated subsequently to another person to whom it is necessary to communicate the information for the purpose of the investigation or prosecution referred to in that subsection.

Subsequent communication — paragraph 6(1)(b)

(4) Information that is communicated under paragraph 6(1)(b) may be communicated subsequently to a person to whom it is necessary to communicate the information for the purpose of the investigation or prosecution of any designated offence.

Subsequent communication — missing person or human remains

(5) Information that is communicated under subsection 6(2) or 6.1(3) may be communicated subsequently to a person to whom it is necessary to communicate the information for the purpose of the investigation of a missing person or human remains.

Subsequent communication — different purpose

(6) Information that is communicated under subsection 6(2) or 6.1(3) to a law enforcement agency may be communicated subsequently by a member of the agency to a person to whom it is necessary to communicate the information for the purpose of the investigation or prosecution of a designated offence, if the member has reasonable grounds to suspect that the information will assist in the investigation or prosecution.

Further communication — different purpose

(7) Information that is communicated to a person under subsection (6) may be communicated subsequently to another person to whom it is necessary to communicate the information for the purpose of the investigation or prosecution referred to in that subsection.

Communication — foreign law enforcement agencies

6.4 (1) On receipt of a DNA profile from the government of a foreign state, an international organization established by the governments of states or an institution of such a government or international organization, the Commissioner may compare the profile with those already contained in the crime scene index, the convicted offenders index, the missing persons index and the human remains index to determine whether there is a match between profiles and may then communicate any of the following to the government, organization or institution, as the case may be:

(a) if there is no match, that fact;

(b) if there is a match, any information in relation to a matching DNA profile that is already contained in any of those indices;

(c) if there is, in the Commissioner’s opinion, a similar DNA profile already contained in an index, the similar DNA profile;

(d) if, after receiving the similar DNA profile referred to in paragraph (c), the government, organization or institution advises the Commissioner that the possibility of a match between the similar profile with the DNA profile it provided has not been excluded, any information in relation to the similar DNA profile.

Crime scene index

(2) The Commissioner may, on the request of a law enforcement agency in the course of the investigation of a designated offence, communicate a DNA profile contained in the crime scene index to the government of a foreign state, an international organization established by the governments of states or an institution of any such government or international organization.

Missing persons or human remains index

(3) The Commissioner may, on the request of an investigating authority in the course of the investigation of a missing person or human remains, communicate a DNA profile contained in the missing persons index or the human remains index to the government of a foreign state, an international organization established by the governments of states or an institution of any such government or international organization.

Agreement or arrangement

(4) Subsections (1) to (3) apply only if the Government of Canada or one of its institutions has entered into an agreement or arrangement, in accordance with any regulations, with that government, international organization or institution, authorizing the communication solely for the purposes of, as the case may be, the investigation or prosecution of a criminal offence or the investigation of a missing person or human remains.

Authorized users

6.5 Information as to whether a person’s DNA profile is contained in the convicted offenders index may be communicated to an authorized user of the automated criminal conviction records retrieval system maintained by the Royal Canadian Mounted Police.

Unauthorized communication

6.6 Subject to sections 6 to 6.5, no person shall communicate any information that is contained in the DNA data bank or allow the information to be communicated.

239. Section 7 of the French version of the Act is replaced by the following:

Accès aux renseignements contenus dans la banque

7. Le personnel de tout laboratoire et toute personne — ou catégorie de personnes — que le commissaire estime compétents peuvent avoir accès aux renseignements contenus dans la banque de données respectivement à des fins de formation et pour assurer le bon fonctionnement et l’entretien de la banque.

2005, c. 25, s. 17.1

240. Sections 8 and 8.1 of the Act are replaced by the following:

Unauthorized use of information

8. (1) Subject to subsection (2), no person to whom information is communicated under any of sections 6, 6.1 and 6.3 or who has access to information under paragraph 7(a) or (b) shall use that information other than for the purposes set out in the applicable provision of those sections.

Use for different purpose

(2) After a law enforcement agency has received information in relation to a DNA profile that was communicated to them under paragraph 6(1)(a) or subsection 6(2) or 6.1(3), a member of the agency may use that information for the purpose of the investigation or prosecution of a designated offence if they have reasonable grounds to suspect that the information will assist in the investigation or prosecution.

Use of results of DNA analysis— order or authorization

(3) No person shall use the results of forensic DNA analysis of bodily substances that are taken in execution of an order or authorization, except in accordance with this Act.

Removal of Access to Information

Removal of access to information — crime scene index

8.1 (1) Access to information in the crime scene index shall be removed from that index without delay if the information relates to a DNA profile derived from a bodily substance of

(a) a victim of a designated offence that was the object of the relevant investigation; or

(b) a person who has been eliminated as a suspect in the relevant investigation.

Other indices

(2) Access to information in relation to a DNA profile in the victims index, the missing persons index, the relatives of missing persons index, the human remains index or the voluntary donors index shall be removed from that index without delay if the Commissioner is advised that

(a) the person from whose bodily substances the profile was derived wishes to have access to the information removed; or

(b) the comparison under this Act of the profile with other profiles will not assist in the investigation with respect to which the profile was obtained.

Periodic removal

(3) After each period prescribed by regulation, access to information in relation to a DNA profile in the victims index, the missing persons index, the relatives of missing persons index or the voluntary donors index shall be removed from that index without delay unless the Commissioner is advised before the end of the period, by any investigating authority that the Commissioner considers appropriate, that

(a) the investigating authority has not been advised by the person from whose bodily substances the profile was derived that they wish to have access to the information removed; and

(b) the comparison under this Act of the profile with other profiles may assist in the investigation with respect to which the profile was obtained.

Subsequent DNA profile

(4) Removal of access to information in relation to a DNA profile of a person from an index under this section does not prevent a DNA profile derived from the bodily substances of the same person, and any information in relation to that profile, from subsequently being added to any index in accordance with this Act.

Regulations — requirements

(5) The removal of access to information under any of subsections (1) to (3) shall be done in accordance with the requirements set out in any regulations that apply with respect to that subsection.

Transfer to another index

8.2 The Commissioner may transfer a DNA profile and information in relation to it from one index — other than the convicted offenders index or the relatives of missing persons index — to another, as long as the addition of the profile to the other index is in accordance with the applicable provisions of this Act.

2007, c. 22, s. 32

241. Subsection 9(2) of the Act is amended by adding “or” at the end of paragraph (a), by striking out “or” at the end of paragraph (b) and by repealing paragraph (c).

242. The Act is amended by adding the following before section 10:

Storage and Destruction of Bodily Substances

2007, c. 22, s. 33

243. Subsection 10(7) of the Act is amended by adding “or” at the end of paragraph (a), by striking out “or” at the end of paragraph (b) and by repealing paragraph (c).

244. The Act is amended by adding the following before section 11:

Offence

2005, c. 25, s. 22

245. The portion of section 11 of the Act before paragraph (a) is replaced by the following:

Contravention of sections

11. Every person who contravenes section 6.6 or 8 or subsection 10(5)

246. Section 12 of the Act is replaced by the following:

Regulations

12. The Governor in Council may make regulations for carrying out the purposes and provisions of this Act, including regulations

(a) respecting the establishment and operation of the national DNA data bank;

(b) respecting the collection and transmission of any information or other thing that is to be received by the Commissioner;

(d) respecting access to information that is contained in the national DNA data bank, including removal of access to information and destruction of information;

(e) respecting the establishment of advisory committees to advise on any matter related to the national DNA data bank; and

(f) prescribing anything that by this Act is to be prescribed by regulation.

Consequential Amendments

R.S., c. A-1

Access to Information Act

247. Schedule II to the Access to Information Act is amended by replacing the reference to “subsection 6(7)” opposite the reference to the DNA Identification Act with a reference to “section 6.6”.

2005, c. 46

Public Servants Disclosure Protection Act

248. Schedule 3 to the Public Servants Disclosure Protection Act is amended by replacing the reference to “DNA Identification Act, section 6” with a reference to “DNA Identification Act, section 6.6”.

Coming into Force

Order in council

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

Division 18

2000, c. 17; 2001, c. 41, s. 48

Proceeds of Crime (Money Laundering) and Terrorist Financing Act

Amendment to the Act

2014, c. 20, s. 267

250. The definition “foreign entity” in section 11.41 of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act is replaced by the following:

“foreign entity”
« entité étrangère »

“foreign entity” means

(a) an entity referred to in paragraph 5(h.1); or

(b) an entity, other than one referred to in section 5, that is incorporated or formed by or under the laws of a country other than Canada, including its subsidiaries, if any, and that does not carry on business in Canada, if it carries out activities similar to those of entities referred to in any of paragraphs 5(a) to (g) or provides services similar to those referred to in paragraph 5(h) or (h.1).

Coming into Force

Royal assent or coming into force of subsection 256(2) of Economic Action Plan 2014 Act, No. 1

251. This Division comes into force on the later of the day on which this Act receives royal assent and the day on which subsection 256(2) of the Economic Action Plan 2014 Act, No. 1 comes into force.

Division 19

2005, c. 34

Department of Employment and Social Development Act

2012, c. 19, s. 224

252. (1) Subsection 45(1) of the Department of Employment and Social Development Act is replaced by the following:

Composition

45. (1) The Tribunal consists of full-time and part-time members to be appointed by the Governor in Council.

2012, c. 19, s. 224

(2) Subsection 45(3) of the Act is repealed.

Division 20

2006, c. 5

Public Health Agency of Canada Act

Amendments to the Act

253. Section 2 of the Public Health Agency of Canada Act is amended by adding the following in alphabetical order:

“President”
« président »

“President” means the President of the Agency appointed under section 5.1.

254. The Act is amended by adding the following after section 5:

PRESIDENT

Appointment

5.1 The President of the Agency is to be appointed by the Governor in Council to hold office during pleasure for a renewable term of up to five years.

Chief executive officer

5.2 The President is the chief executive officer of the Agency and has the rank and status of a deputy head of a department.

Remuneration

5.3 The President is to be paid the remuneration fixed by the Governor in Council.

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

Appointment

6. (1) The Governor in Council shall appoint a Chief Public Health Officer, who is an officer of the Agency.

256. Section 7 of the Act is amended by adding the following after subsection (1):

Advice

(1.1) The Chief Public Health Officer shall provide the Minister and the President with public health advice that is developed on a scientific basis.

257. Section 9 of the Act is repealed.

258. Subsection 10(2) of the Act is repealed.

R.S., c. F-11

Consequential Amendment to the Financial Administration Act

2006, c. 9, s. 270

259. Part II of Schedule VI to the Financial Administration Act is amended by replacing “Chief Public Health Officer of Canada”, in column II, with “President”.

Coming into Force

Order in council

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

Division 21

2013, c. 40

Economic Action Plan 2013 Act, No. 2

261. Section 249 of the Economic Action Plan 2013 Act, No. 2 is replaced by the following:

Definition of “amalgamated corporation”

249. In this Division, “amalgamated corporation” means any corporation resulting from an amalgamation referred to in subsection 252(1).

262. The Act is amended by adding the following after section 250:

Continuance

250.1 Despite subsection 268(8.1) of the Canada Business Corporations Act, sections 6 to 13, 17, 18 and 21.1 of the Blue Water Bridge Authority Act continue to apply to the Blue Water Bridge Authority after its continuance under the Canada Business Corporations Act.

263. Sections 253 to 260 of the Act are repealed.

264. The Act is amended by adding the following after section 252:

Amalgamated corporation an agent

253. An amalgamated corporation is an agent of Her Majesty in right of Canada.

Contracts

254. An amalgamated corporation may enter into contracts with Her Majesty as though it were not an agent of Her Majesty.

Borrowing authorized

255. An amalgamated corporation may borrow money otherwise than from the Crown, including by means of the issuance, sale and pledge of bonds, debentures, notes or other evidence of indebtedness, as long as the total principal amount of those borrowings that is outstanding does not exceed $130,000,000 at any time.

Charges

256. (1) An amalgamated corporation may fix and charge tolls, fees or other charges for the use of a bridge or tunnel that it owns or operates.

Authorization by amalgamated corporation

(2) An amalgamated corporation may authorize another person to fix or charge tolls, fees or other charges for the use of such a bridge or tunnel.

Auditor

257. The Auditor General of Canada is the auditor of an amalgamated corporation.

No compensation

258. Despite the provisions of any contract, agreement or order, no person who is appointed to hold office as a part-time member of the board of directors of The Federal Bridge Corporation Limited, of a corporation that results from an amalgamation referred to in subsection 252(2) or of Blue Water Bridge Authority 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 following any amalgamation referred to in subsection 252(1).

Financial Administration Act

259. For the purposes of Part I of Schedule III to the Financial Administration Act, the reference in that Part to The Federal Bridge Corporation Limited is deemed to be a reference to the name of any corporation that results from an amalgamation referred to in subsection 252(1), if that name is “The Federal Bridge Corporation Limited”.

Payments in Lieu of Taxes Act

260. For the purposes of Schedule III to the Payments in Lieu of Taxes Act, the reference in that Schedule to The Federal Bridge Corporation Limited is deemed to be a reference to the name of any corporation that results from an amalgamation referred to in subsection 252(1), if that name is “The Federal Bridge Corporation Limited”.

265. Section 269 of the Act is replaced by the following:

Order in council

269. Sections 261 to 263 and 266 to 268 come into force on a day or days to be fixed by order of the Governor in Council.

Division 22

Central Cooperative Credit Societies and Federal Credit Unions

R.S., c. B-2

Bank of Canada Act

2001, c. 9, s. 194(2)

266. Paragraph 18(h) of the Bank of Canada Act is replaced by the following:

(h) subject to section 19.1, make loans or advances for periods not exceeding six months to members of the Canadian Payments Association on taking security in any property that the institution to which the loan or advance is made is authorized to hold;

267. The Act is amended by adding the following after section 19:

Provincial members

19.1 The Bank may make a loan or advance under paragraph 18(h) to a central cooperative credit society or local cooperative credit society, as those expressions are defined in subsection 2(1) of the Canadian Payments Act, only if

(a) a province has agreed in writing to indemnify the Bank for any loss that the Bank could incur as a result of the loan or advance; or

(b) the loan or advance is made to a participant in a clearing and settlement system, as defined in section 2 of the Payment Clearing and Settlement Act, operated by the Canadian Payments Association and it is made for the sole purpose of enabling the participant to settle its clearing balance in the system.

R.S., c. C-3

Canada Deposit Insurance Corporation Act

268. Section 39 of the Canada Deposit Insurance Corporation Act is repealed.

1991, c. 46

Bank Act

2001, c. 9, s. 35(7)

269. (1) Paragraph (c) of the definition “federal financial institution” in section 2 of the Bank Act is replaced by the following:

2001, c. 9, s. 35(4)

(2) Paragraph (c) of the definition “financial institution” in section 2 of the Act is replaced by the following:

2010, c. 12, s. 1908

270. Subsection 33(3) of the Act is replaced by the following:

Continuance for purpose of amalgamation

(3) A local cooperative credit society may, if so authorized by the laws of the jurisdiction in which it is incorporated, apply to the Minister for letters patent continuing it as a federal credit union if it proposes to be continued under this Act for the purpose of immediately amalgamating with another federal credit union in accordance with this Act.

Continuance for purpose of amalgamation

(4) Two or more local cooperative credit societies may, if so authorized by the laws of the jurisdiction in which they are incorporated, apply to the Minister for letters patent continuing each of them as a federal credit union if they propose to be continued under this Act for the purpose of immediately amalgamating with each other in accordance with this Act.

Application for amalgamation required

(5) An application referred to in subsection (3) or (4) must be made at the same time as an application referred to in subsection 223(1.2) or (1.3) in respect of the amalgamation.

271. (1) Section 34 of the Act is amended by adding the following after subsection (1):

Joint notice of continuance and amalgamation

(1.1) In the case of an application made under subsection 33(3) or (4), the applicants referred to in subsection 223(1.2) or (1.3) may, in accordance with subsection 25(2) and paragraph 228(2)(a), jointly publish the notices referred to in those provisions in the form of a single notice.

(2) Section 34 of the Act is amended by adding the following after subsection (3):

Continuance and amalgamation — special resolutions

(4) In the case of an application made under subsection 33(3) or (4), the vote on the special resolution must be held at the same time as the vote on the special resolutions referred to in subsection 226(4).

2010, c. 12, s. 1911

272. Subsection 35.1(2) of the Act is replaced by the following:

Power to issue letters patent

(2) On the application of a local cooperative credit society under subsection 33(3) or (4), the Minister may, subject to this Part, issue letters patent continuing the local cooperative credit society as a federal credit union only if

(a) the Minister is of the opinion that the local cooperative credit society has complied with the regulations respecting notice and disclosure requirements;

(b) the Minister is of the opinion that the federal credit union that results from the amalgamation will satisfy the requirements for incorporation as a federal credit union; and

(c) the Minister will, immediately after issuing letters patent for the continuance, issue letters patent for the amalgamation under subsection 229(1).

273. Section 37 of the Act is amended by adding the following after subsection (2):

Notice of continuance and amalgamation

(3) In the case of a continuance that results from an application made under subsection 33(3) or (4), the Superintendent may publish, in the form of a single notice, the notice referred to subsection (2), the notice required under subsection 229(3) in respect of the amalgamation and any notice required under subsection (2) in respect of other applicants for the amalgamation.

274. Section 223 of the Act is amended by adding the following after subsection (1.1):

Federal credit union and local cooperative credit society

(1.2) On the joint application of one or more federal credit unions and one or more local cooperative credit societies that have applied under subsection 33(3) to be continued as federal credit unions, the Minister may issue letters patent amalgamating and continuing the applicants as one federal credit union.

Local cooperative credit societies

(1.3) On the joint application of two or more local cooperative credit societies that have applied under subsection 33(4) to be continued as federal credit unions, the Minister may issue letters patent amalgamating and continuing the applicants as one federal credit union.

2010, c. 12, s. 2000(1)

275. (1) Subsection 226(1) of the Act is replaced by the following:

Approval

226. (1) The directors of each applicant must submit an amalgamation agreement for approval to a meeting of the shareholders of the applicant — or, if the applicant is a federal credit union or a local cooperative credit society, to a meeting of its members and to a meeting of its shareholders, if any.

2010, c. 12, s. 2000(2)

(2) Subsection 226(4) of the English version of the Act is replaced by the following:

Special resolution

(4) Subject to subsection (3), an amalgamation agreement is approved when the shareholders of each applicant bank or body corporate have approved the amalgamation by special resolution or, if an applicant is a federal credit union or a local cooperative credit society, the members and shareholders, if any, have approved the amalgamation by separate special resolutions.

276. Section 229 of the Act is amended by adding the following after subsection (1):

Exception

(1.1) In the case of an application made under subsection 223(1.2) or (1.3), the Minister shall not issue letters patent of amalgamation unless the Minister has issued, under subsection 35.1(2), letters patent continuing as a federal credit union each applicant that was a local cooperative credit society.

277. Paragraph 231(2)(a) of the Act is replaced by the following:

(a) with respect to any matter described in paragraph (1)(a), 30 days after the date of issue of the letters patent or

(i) if the activity is conducted under an agreement existing on the date of issue of the letters patent, the expiry of the agreement, or

(ii) if the bank is a federal credit union and an undertaking to cease engaging in the activity has been given under subsection 973.02(1), the cessation date set out in the undertaking in respect of the activity;

1991, c. 48

Cooperative Credit Associations Act

2001, c. 9, s. 248(3)

278. (1) The definition “league” in section 2 of the Cooperative Credit Associations Act is repealed.

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

“federal league”
« confédération fédérale »

“federal league” means a cooperative corporation incorporated under an Act of Parliament whose membership consists wholly or primarily of federal credit unions and whose principal purpose is the provision of administrative, technical, research and consultative services, and goods related to those services, to any cooperative credit society or to persons intending to organize or operate such a society;

“provincial league”
« confédération provinciale »

“provincial league” means a cooperative corporation incorporated under an Act of the legislature of a province whose membership consists wholly or primarily of local cooperative credit societies and whose principal purpose is the provision of administrative, technical, research and consultative services, and goods related to those services, to any cooperative credit society or to persons intending to organize or operate such a society;

2001, c. 9, s. 252

279. Section 13.1 of the Act is repealed.

2001, c. 9, s. 256

280. Paragraph 24(b) of the Act is amended by striking out “or” at the end of subparagraph (ii) and by replacing subparagraph (iii) with the following:

(iii) two or more provincial leagues not all of which are incorporated under the laws of one province, or

(iv) a federal credit union or a federal league.

281. Section 27 of the Act is amended by striking out “and” at the end of paragraph (g) and by adding the following after that paragraph:

(g.1) the predominance of associations, federal credit unions or federal leagues, or any combination of them, as members within the association; and

2007, c. 6, s. 143

282. The portion of section 36 of the Act before paragraph (c) is replaced by the following:

Name

36. The name of an association, other than the former-Act association, shall include

(a) the phrase “federal cooperative” or “coopérative fédérale”, along with another word or expression indicating the financial nature of the association;

(b) the phrase “federal central credit union”, “federal credit union central” or “fédération de caisses populaires fédérale”;

2001, c. 9, s. 263

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

Members

41. (1) Only a person that is an association, a federal credit union, a central cooperative credit society, a local cooperative credit society, a cooperative corporation, a federal or provincial league or an unincorporated organization consisting wholly of any of those entities may be admitted to membership in an association.

2001, c. 9, s. 265

284. (1) The portion of subsection 50(1) of the Act before paragraph (a) is replaced by the following:

Minimum membership

50. (1) The membership in a retail association and the former-Act association must include at least

2001, c. 9, s. 265

(2) Subsection 50(1) of the Act is amended by striking out “or” at the end of paragraph (c) and by replacing paragraph (d) with the following:

(d) two provincial leagues not all of which are incorporated under the laws of one province; or

(e) a federal credit union or a federal league.

(3) Section 50 of the Act is amended by adding the following after subsection (1):

Predominately federal membership

(1.1) The membership of an association that is not a retail association or the former-Act association must be predominated by associations other than retail associations, by federal credit unions, by federal leagues or by any combination of them.

2001, c. 9, s. 265

(4) The portion of subsection 50(2) of the Act before paragraph (a) is replaced by the following:

If minimum not attained

(2) If, at any time, the membership in an association is not in accordance with subsection (1) or (1.1), as the case may be, the association shall without delay take the steps that are necessary to

2001, c. 9, s. 289

285. (1) Subsection 233.1(1) of the Act is replaced by the following:

Sale by association

233.1 (1) An association may sell all or substantially all of its assets to a financial institution incorporated under an Act of Parliament, a bank holding company or an authorized foreign bank in respect of its business in Canada if the purchasing financial institution, bank holding company or authorized foreign bank assumes all or substantially all of the liabilities of the association.

2001, c. 9, s. 289

(2) Subsection 233.1(3) of the Act is replaced by the following:

Consideration

(3) Despite anything in this Act, the consideration for a sale referred to in subsection (1) may be cash or fully paid securities of the purchasing financial institution, bank holding company or authorized foreign bank or in part cash and in part fully paid securities of the purchasing financial institution, bank holding company or authorized foreign bank or any other consideration that is provided for in the sale agreement.

2001, c. 9, s. 306(3)

286. Subsection 375(3) of the Act is replaced by the following:

Restriction

(3) Subject to any order that may be made by the Superintendent under section 61 or 62, an association shall not receive money on deposit from a federal credit union, local cooperative credit society or cooperative corporation that is not a member of the association.

2001, c. 9, s. 310(3)

287. Subsection 379(3) of the Act is repealed.

288. The Act is amended by adding the following after section 379:

Restriction — liquidity support

379.1 An association shall not provide any prescribed form of liquidity support for central cooperative credit societies or local cooperative credit societies except in accordance with prescribed terms and conditions.

1996, c. 6, s. 60

289. Subsection 442(1.2) of the Act is replaced by the following:

Notice of proposed action

(1.2) The Superintendent must notify an association of any action proposed to be taken in respect of it under paragraph (1)(b) and of its right to make written representations to the Superintendent within the time specified in the notice, not exceeding 10 days after it receives the notice.

290. Subsection 463(1) of the Act is amended by adding the following after paragraph (b):

(b.1) specifying what constitutes predominance for the purposes of paragraph 27(g.1) and subsection 50(1.1);

1993, c. 34, s. 56(F); 1997, c. 15, s. 163(E); 2001, c. 9, s. 342(2); 2005, c. 54, s. 211

291. Part XVI of the Act is repealed.

292. Part XVII of the Act is repealed.

Termination of Agreements

Definition of “agreement”

293. In sections 294 to 297, “agreement” means

(a) section 5 of the agreement between the Canada Deposit Insurance Corporation and the Quebec Deposit Insurance Board that was made on January 22, 1969;

(b) the agreement between the Canada Deposit Insurance Corporation and the Credit Union Reserve Board of British Columbia that was made on March 7, 1975;

(c) the agreement between the Canada Deposit Insurance Corporation and the Credit Union Stabilization Corporation of Alberta that was made on July 5, 1977;

(d) any agreement specified in regulations made under section 297; or

(e) any amendment to section 5 of the agreement referred to in paragraph (a) or to an agreement referred to in any of paragraphs (b) to (d).

Agreements are terminated

294. The agreements are terminated and all obligations and liabilities arising out of the agreements and all rights acquired under them are extinguished.

No liability

295. No action or other proceeding, including any action or proceeding in restitution, or for damages of any kind, that is based on or is in relation to any agreement, lies or may be instituted by anyone against Her Majesty or any minister or any employee or agent of Her Majesty, or any person engaged to provide advice or services to Her Majesty in relation to any agreement, for anything done or omitted to be done or for anything purported to have been done or omitted to be done, in the exercise or performance of their powers, duties and functions.

No compensation

296. No one is entitled to any compensation from Her Majesty in connection with the coming into force of section 294.

Regulations

297. The Governor in Council may make regulations specifying, for the purposes of paragraph 293(d), agreements entered into by the Canada Deposit Insurance Corporation under section 39 of the Canada Deposit Insurance Corporation Act or section 482 of the Cooperative Credit Associations Act, as those sections read immediately before the day on which this section comes into force.

Dissolution

298. On the day on which this section comes into force, the Credit Union Central of Canada is deemed to have applied, in accordance with section 328 of the Cooperative Credit Associations Act, for letters patent dissolving it and the Minister is deemed to have approved the application under subsection 329(2) of that Act unless, before that day, it has applied

(a) for those letters patent; or

(b) for letters patent or a certificate of continuance referred to in subsection 32(1) of that Act.

No compensation

299. No one is entitled to any compensation from Her Majesty in connection with the coming into force of section 298.

Consequential Amendments

R.S., c. 18 (3rd Supp.)

Office of the Superintendent of Financial Institutions Act

2001, c. 9, s. 466(1)

300. Paragraph (c) of the definition “financial institution” in section 3 of the Office of the Superintendent of Financial Institutions Act is replaced by the following:

1991, c. 45

Trust and Loan Companies Act

2001, c. 9, s. 478(3)

301. (1) Paragraph (c) of the definition “federal financial institution” in section 2 of the Trust and Loan Companies Act is replaced by the following:

2001, c. 9, s. 478(2)

(2) Paragraph (c) of the definition “financial institution” in section 2 of the Act is replaced by the following:

1991, c. 47

Insurance Companies Act

2001, c. 9, s. 345(5)

302. (1) Paragraph (d) of the definition “federal financial institution” in subsection 2(1) of the Insurance Companies Act is replaced by the following:

(d) an association to which the Cooperative Credit Associations Act applies;

2001, c. 9, s. 345(4)

(2) Paragraph (d) of the definition “financial institution” in subsection 2(1) of the Act is replaced by the following:

(d) an association to which the Cooperative Credit Associations Act applies,

Coming into Force

Order in council

303. The provisions of this Division, other than sections 270 to 277, come into force on a day or days to be fixed by order of the Governor in Council.

Division 23

R.S., c. F-11

Financial Administration Act

Amendments to the Act

304. The Financial Administration Act is amended by adding the following after section 155.1:

Small amounts

155.2 (1) If an appropriate Minister — or any person authorized in writing by that Minister — determines, at any time, that an amount owing by a person to Her Majesty in right of Canada for which that Minister is accountable, or that an amount payable by Her Majesty in right of Canada to any person the payment of which requires the requisition of that Minister — or of any person authorized in writing by that Minister — does not exceed the amount established by regulations made under paragraph (2)(a), that amount is deemed to be nil, subject to any regulations made under paragraphs (2)(b) to (d).

Regulations

(2) The Treasury Board may make regulations

(a) establishing an amount for the purposes of subsection (1), including, if the Treasury Board is of the opinion that circumstances justify doing so, establishing that amount by class, determined by method of payment or on any other basis;

(b) specifying circumstances in which amounts that would otherwise be deemed to be nil under subsection (1) accumulate so that the aggregate of the amounts is payable, and for when that aggregate amount is payable;

(c) if the Treasury Board is of the opinion that circumstances justify doing so, excluding from the application of subsection (1) specified amounts, including amounts specified by class, determined by method of payment, by class of persons that amounts are owing to or payable by or on any other basis; and

(d) generally respecting the operation of subsection (1).

Terms and conditions deemed to be met

(3) If an amount is not paid because it is deemed to be nil, any requirements that relate to the amount and any terms and conditions that apply to its payment are deemed to be met, and the amount is not subject to interest.

Terms and conditions deemed to be met

(4) If an amount is not paid because it is accumulating, any requirements that relate to the amount and any terms and conditions that apply to its payment are deemed to be met during the period in which it is accumulating, and the amount is not subject to interest during that period.

Inconsistency

(5) Subsections (1), (3) and (4) and regulations made under subsection (2) prevail over any provision of any Act of Parliament, or of any regulation, order, contract or arrangement, to the extent of any inconsistency between them.

Exceptions

(6) Subsections (1) to (5) do not apply to the following amounts:

(a) an amount owing by any person other than Her Majesty in right of Canada to a Crown corporation, or an amount payable by a Crown corporation to any person other than Her Majesty in right of Canada;

(b) an amount related to the public debt, or to interest on the public debt; and

(c) an amount owing by a person to Her Majesty in right of Canada, or payable by the Minister of National Revenue to any person, under the Air Travellers Security Charge Act, the Excise Act, 2001, the Excise Tax Act, the Income Tax Act or the Softwood Lumber Products Export Charge Act, 2006.

Coming into Force

April 1, 2015

305. This Division comes into force on April 1, 2015.

Division 24

2001, c. 27

Immigration and Refugee Protection Act

Amendments to the Act

2014, c. 20, s. 299

306. Subsection 4(2.1) of the Immigration and Refugee Protection Act is replaced by the following:

Minister of Employment and Social Development

(2.1) In making regulations under paragraphs 32(b.1) and (d.1) to (d.4), the Governor in Council may confer powers and duties on the Minister of Employment and Social Development.

2013, c. 33, s. 161

307. (1) Paragraphs 30(1.43)(a) to (c) of the Act are replaced by the following:

(a) revoke an assessment provided by that Department with respect to an application for a work permit;

(b) suspend the effects of the assessment; or

2013, c. 33, s. 161

(2) Subsection 30(1.44) of the Act is replaced by the following:

For greater certainty

(1.44) For greater certainty, subsection (1.43) does not affect any other lawful authority to revoke an assessment referred to in that subsection.

2013, c. 33, s. 161

(3) Subsection 30(1.6) of the Act is replaced by the following:

Application

(1.6) The instructions take effect on the day on which they are published, or on any later day specified in the instructions, and apply in respect of all applications for authorization to work in Canada and requests to provide an assessment with respect to an application for a work permit, including those applications and requests that were made before that day and for which a final decision has not been made.

308. The Act is amended by adding the following after section 30:

Publication of employer names and addresses

30.1 (1) The Minister or the Minister of Employment and Social Development may, in accordance with the regulations, publish on a list the name and address of an employer who has been found guilty of an offence arising out of the contravention of a provision of this Act that is designated in the regulations or an offence under any other federal or provincial law that regulates employment or the recruiting of employees and who

(a) has provided information in accordance with regulations made under paragraph 32(d.5) or employs or has employed a foreign national for whom a work permit is required; or

(b) has requested an assessment from the Department of Employment and Social Development with respect to an application for a work permit.

Removal of names and addresses

(2) The Minister or the Minister of Employment and Social Development may also, in accordance with the regulations, remove such a name and address from the list.

309. (1) Section 32 of the Act is amended by adding the following after paragraph (b):

(b.1) the publication and removal of the names and addresses of employers, the circumstances under which the names and addresses must not be published and the designation of provisions of this Act, for the purposes of section 30.1;

2013, c. 16, par. 37(2)(b)

(2) Paragraph 32(d.2) of the Act is replaced by the following:

(d.2) the power to inspect — including the power to require documents to be provided by individuals and entities, including employers and educational institutions, for inspection — for the purpose of verifying compliance with the conditions imposed under paragraphs (d) and (d.1);

(3) Section 32 of the Act is amended by adding the following after paragraph (d.4):

(d.5) the requirement for an employer to provide a prescribed person with prescribed information in relation to a foreign national’s authorization to work in Canada for the employer, the electronic system by which that information must be provided, the circumstances in which that information may be provided by other means and those other means;

2013, c. 33, s. 162(1); 2013, c. 40, par. 237(1)(i)

310. Subsection 89(1.1) of the Act is replaced by the following:

User Fees Act

(1.1) The User Fees Act does not apply to a fee for the provision of services in relation to a request for an assessment provided by the Department of Employment and Social Development with respect to an application for a work permit.

311. The Act is amended by adding the following after section 89:

Fees for rights and privileges — assessments

89.01 The regulations may

(a) govern fees to be paid for rights and privileges in relation to an assessment provided by the Department of Employment and Social Development with respect to an application for a work permit; and

(b) govern cases in which the fees referred to in paragraph (a) are waived.

312. The Act is amended by adding the following after section 89.1:

Fees — compliance regime

89.2 (1) The regulations may

(a) govern fees to be paid in respect of the compliance regime that applies to employers in relation to their employment of foreign nationals whose authorizations to work in Canada do not require an assessment provided by the Department of Employment and Social Development;

(b) govern cases in which the fees referred to in paragraph (a) are waived;

(d) include provisions respecting that system, respecting the circumstances in which those fees may be paid by other means and respecting those other means.

User Fees Act

(2) The User Fees Act does not apply to fees referred to in paragraph (1)(a).

2005, c. 38, s. 119(1)

313. (1) Paragraph 150.1(1)(a) of the Act is replaced by the following:

(a) the collection, retention, use, disclosure and disposal of information, including a Social Insurance Number, for the purposes of this Act or for the purposes of program legislation as defined in section 2 of the Canada Border Services Agency Act;

(2) Subsection 150.1(1) of the Act is amended by adding the following after paragraph (a):

(a.1) the collection, retention and use of a Social Insurance Number by the Minister of Employment and Social Development in respect of an assessment provided by the Department of Employment and Social Development or in respect of the compliance regime that applies to an employer, in relation to the employment of a foreign national or a permanent resident;

(3) Subsection 150.1(1) of the Act is amended by striking out “and” at the end of paragraph (c), by adding “and” at the end of paragraph (d) and by adding the following after paragraph (d):

(e) the disclosure of information for the purposes of cooperation between the Government of Canada and the government of a province.