Budget Implementation Act, 2009 (S.C. 2009, c. 2)

Act current to 2014-06-12 and last amended on 2012-01-01. Previous Versions

Budget Implementation Act, 2009

S.C. 2009, c. 2

Assented to 2009-03-12

An Act to implement certain provisions of the budget tabled in Parliament on January 27, 2009 and related fiscal measures

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

SHORT TITLE

Marginal note:Short title

 This Act may be cited as the Budget Implementation Act, 2009.

PART 1AMENDMENTS IN RESPECT OF INCOME TAX

Income Tax Act

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 [Transitional Provision]

Budget Implementation Act, 2008

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Income Tax Regulations

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PART 2AMENDMENTS IN RESPECT OF SALES AND EXCISE TAXES

Excise Act, 2001

 [Amendment]

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Excise Tax Act

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PART 3AMENDMENTS TO THE CUSTOMS TARIFF

Customs Tariff

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Coming into Force

Marginal note:September 8, 2008
  •  (1) Sections 123 to 127 and subsection 220(1) are deemed to have come into force on September 8, 2008.

  • Marginal note:January 28, 2009

    (2) Sections 122 and 128 to 219 and subsection 220(2) are deemed to have come into force on January 28, 2009.

PART 4EMPLOYMENT INSURANCE

Employment Insurance Act

 [Amendment]

 [Amendment]

 [Amendments]

Claimants Not in Canada

Marginal note:Subsection 55(7)

 The maximum number of weeks for which benefits may be paid to a claimant referred to in subsection 55(7) of the Employment Insurance Regulations whose benefit period has not ended before the second Sunday before the day on which this Act receives royal assent and does not begin after September 11, 2010 is to be determined in accordance with Schedule 10.

Pilot Project Relating To Extended Benefits

 [Transitional Provision]

Premium Rates Provided for Under the Employment Insurance Act

 [Transitional Provision]

 [Transitional Provision]

Transitional Provision

 [Transitional Provision]

Coordinating Amendments

 [Amendments]

Coming into Force

Marginal note:Retroactive effect
  •  (1) Subsection 224(1) is deemed to have come into force on the second Sunday before the day on which this Act receives royal assent.

  • Marginal note:September 12, 2010

    (2) Subsection 224(2) comes into force on September 12, 2010.

PART 5STABILITY AND EFFICIENCY OF THE FINANCIAL SYSTEM

Division 1Financial Administration Act

 [Amendment]

Division 2Canada Deposit Insurance Corporation Act

Amendments to the Act

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Consequential Amendments

Access to Information Act

 [Amendment]

Canadian Payments Act

 [Amendment]

Financial Administration Act

 [Amendments]

Winding-up and Restructuring Act

 [Amendment]

Coming into Force

Marginal note:Order in council
  • Footnote * (1) The provisions of this Division, except for sections 235 and 254 and subsection 257(1), come into force on a day or days to be fixed by order of the Governor in Council.

    • Return to footnote *[Note: Section 235 and subsection 257(1) in force on assent March 12, 2009; sections 233, 234, 236 to 244, subsections 245(1) to (6), sections 246 to 253, 255 and 256, subsection 257(2) and section 258 in force on July 1, 2009, see SI/2009-57; subsection 245(7) in force November 1, 2010, see SI/2010-80.]

  • Marginal note:Retroactivity

    (2) Section 254 is deemed to have come into force on January 27, 2009.

Division 3Export Development Act

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Division 4Business Development Bank of Canada Act

 [Amendment]

Division 5Canada Small Business Financing Act

Amendments to the Act

 [Amendments]

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 [Amendment]

Coming into Force

Marginal note:Coming into force

 This Division comes into force on April 1, 2009 or, if it is later, on the day on which this Act receives royal assent.

Division 6Legislation Governing Financial Institutions

Bank Act

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Cooperative Credit Associations Act

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Financial Consumer Agency of Canada Act

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Green Shield Canada Act

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Insurance Companies Act

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Trust and Loan Companies Act

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Coordinating Amendment

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Coming into Force

Marginal note:Order in council

Footnote * Sections 270, 273, 277, 280, 283, 285, and 290 come into force on a day or days to be fixed by order of the Governor in Council.

  • Return to footnote *[Note: Sections 270, 273, 277, 280, 283, 285 and 290 in force July 1, 2010, see SI/2010-31.]

Division 7Securities

Securities Regulation

Marginal note:Maximum payment of $150,000,000
  •  (1) The Minister of Finance may make direct payments, in an aggregate amount not exceeding $150,000,000, to provinces and territories for matters relating to the establishment of a Canadian securities regulation regime and a Canadian regulatory authority.

  • Marginal note:Payments out of C.R.F.

    (2) Any amount payable under this section may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister of Finance, at the times and in the manner, and on any terms and conditions, that the Minister of Finance considers appropriate.

Marginal note:Agreements

 The Minister of Finance may enter into any agreement respecting securities regulation with any province or territory.

Canadian Securities Regulation Regime Transition Office Act

Marginal note:Enactment of Act

 The Canadian Securities Regulation Regime Transition Office Act is enacted as follows:

[See Canadian Securities Regulation Regime Transition Office Act]

Transitional Provision

 [Transitional Provision]

Coming into Force

Marginal note:Order in council

Footnote * Section 297 comes into force on a day to be fixed by order of the Governor in Council.

PART 6PAYMENTS

Infrastructure Stimulus Fund

Marginal note:Maximum payment of $2,000,000,000

 There may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister of Transport, in accordance with terms and conditions approved by the Treasury Board, a sum not exceeding two billion dollars to provide funding for infrastructure projects primarily related to infrastructure rehabilitation.

Provincial-Territorial Infrastructure Base Funding Program

Marginal note:Maximum payment of $495,000,000

 There may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister of Transport, in accordance with terms and conditions approved by the Treasury Board, a sum not exceeding four hundred and ninety-five million dollars to provide payments to provinces and territories under the Provincial-Territorial Infrastructure Base Funding Program for infrastructure projects.

Communities Component of the Building Canada Fund

Marginal note:Maximum payment of $250,000,000

 There may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister of Transport, in accordance with terms and conditions approved by the Treasury Board, a sum not exceeding two hundred and fifty million dollars to provide funding for infrastructure projects in communities that have a population of less than 100,000.

Green Infrastructure Fund

Marginal note:Maximum payment of $200,000,000

 There may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister of Transport, in accordance with terms and conditions approved by the Treasury Board, a sum not exceeding two hundred million dollars to support infrastructure projects that promote a clean environment.

Community Adjustment Fund

Marginal note:Maximum payment of $51,000,000

 There may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister of State (Atlantic Canada Opportunities Agency), in accordance with terms and conditions approved by the Treasury Board, a sum not exceeding fifty-one million dollars to foster economic development, science and technology initiatives and other measures to promote economic diversification in communities in Atlantic Canada.

Marginal note:Maximum payment of $106,000,000

 There may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister of State (Economic Development Agency of Canada for the Regions of Quebec), in accordance with terms and conditions approved by the Treasury Board, a sum not exceeding one hundred and six million dollars to foster economic development, science and technology initiatives and other measures to promote economic diversification in communities in the regions of Quebec.

Marginal note:Maximum payment of $175,000,000

 There may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister of Industry, in accordance with terms and conditions approved by the Treasury Board, a sum not exceeding one hundred and seventy-five million dollars to foster economic development, science and technology initiatives and other measures to promote economic diversification in communities in Ontario.

Marginal note:Maximum payment of $17,000,000

 There may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister of Indian Affairs and Northern Development, in accordance with terms and conditions approved by the Treasury Board, a sum not exceeding seventeen million dollars to foster economic development, science and technology initiatives and other measures to promote economic diversification in communities in the territories.

Marginal note:Maximum payment of $154,000,000

 There may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister of State (Western Economic Diversification), in accordance with terms and conditions approved by the Treasury Board, a sum not exceeding one hundred and fifty-four million dollars to foster economic development, science and technology initiatives and other measures to promote economic diversification in communities in Western Canada.

Improving Infrastructure at Universities and Colleges

Marginal note:Maximum payment of $1,000,000,000

 There may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister of Industry, in accordance with terms and conditions approved by the Treasury Board, a sum not exceeding one billion dollars for the construction, renovation, refurbishment or repair of buildings and facilities at post-secondary institutions.

  • 2009, c. 2, s. 309, c. 31, s. 24.

First Nations Housing

Marginal note:Maximum payment of $75,000,000

 There may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister of Indian Affairs and Northern Development, in accordance with terms and conditions approved by the Treasury Board, a sum not exceeding seventy-five million dollars to support on-reserve housing.

Marginal note:Maximum payment of $125,000,000

 There may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister of Human Resources and Skills Development, in accordance with terms and conditions approved by the Treasury Board, a sum not exceeding one hundred and twenty-five million dollars to the Canada Mortgage and Housing Corporation to support on-reserve housing.

Renovation and Retrofit of Social Housing

Marginal note:Maximum payment of $500,000,000

 There may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister of Human Resources and Skills Development, in accordance with terms and conditions approved by the Treasury Board, a sum not exceeding five hundred million dollars to the Canada Mortgage and Housing Corporation to provide funding to the provinces and territories to address the backlog in demand for renovation and energy retrofits of social housing.

Housing for Low-income Seniors

Marginal note:Maximum payment of $200,000,000

 There may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister of Human Resources and Skills Development, in accordance with terms and conditions approved by the Treasury Board, a sum not exceeding two hundred million dollars to the Canada Mortgage and Housing Corporation to provide funding to the provinces and territories through the Affordable Housing Initiative for the construction of housing units for low-income seniors.

Housing for Persons with Disabilities

Marginal note:Maximum payment of $25,000,000

 There may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister of Human Resources and Skills Development, in accordance with terms and conditions approved by the Treasury Board, a sum not exceeding twenty-five million dollars to the Canada Mortgage and Housing Corporation to provide funding to the provinces and territories through the Affordable Housing Initiative for the construction of housing units for persons with disabilities.

Northern Housing

Marginal note:Maximum payment of $100,000,000

 There may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister of Human Resources and Skills Development, in accordance with terms and conditions approved by the Treasury Board, a sum not exceeding one hundred million dollars to the Canada Mortgage and Housing Corporation to provide funding to the territories for the renovation and construction of social housing units.

Canada Health Infoway Inc.

Marginal note:Maximum payment of $500,000,000

 There may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister of Health, a sum not exceeding five hundred million dollars to Canada Health Infoway Inc. for the development of electronic health records and related systems.

PART 7NAVIGABLE WATERS PROTECTION ACT

Amendments to the Act

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Consequential Amendment to the International Bridges and Tunnels Act

 [Amendment]

PART 8MISCELLANEOUS PROVISIONS

Division 1Wage Earner Protection Program

Wage Earner Protection Program Act

 [Amendment]

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Wage Earner Protection Program Regulations

 [Amendment]

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Consequential Amendments to the Bankruptcy and Insolvency Act

 [Amendment]

 [Amendment]

Transitional Provision

 [Transitional Provision]

Division 2Federal Financial Assistance for Students

Canada Student Financial Assistance Act

 [Amendment]

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 [Amendment]

Canada Student Loans Act

 [Amendment]

 [Amendment]

 [Amendment]

Consequential Amendment to the Budget Implementation Act, 2008

 [Amendment]

Division 3Crown Corporations

Financial Administration Act

 [Amendment]

 [Amendments]

 [Amendment]

 [Amendment]

 [Amendments]

 [Amendment]

 [Amendment]

Consequential Amendments

Canada Council for the Arts Act

 [Amendment]

Canada Employment Insurance Financing Board Act

 [Amendment]

Canada Post Corporation Act

 [Amendment]

Canadian Dairy Commission Act

 [Amendment]

Canadian Race Relations Foundation Act

 [Amendment]

Public Sector Pension Investment Board Act

 [Amendment]

 [Amendment]

PART 9PAYMENTS TO PROVINCES

Federal-Provincial Fiscal Arrangements Act

 [Amendment]

 [Amendment]

 [Amendment]

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 [Amendments]

 [Amendment]

 [Amendment]

Payment to Nova Scotia

Marginal note:Payment of $74,188,000

 There may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister of Finance, the sum of seventy-four million and one hundred and eighty-eight thousand dollars to Nova Scotia.

PART 10EXPENDITURE RESTRAINT ACT

Marginal note:Enactment of Act

 The Expenditure Restraint Act, whose text is as follows and whose Schedules 1 and 2 are set out in Schedule 11 to this Act, is hereby enacted:

[See Expenditure Restraint Act]

PART 11EQUITABLE COMPENSATION

Public Sector Equitable Compensation Act

The following provision is not in force.
Marginal note:Enactment of Act

 The Public Sector Equitable Compensation Act is enacted as follows:

[See Public Sector Equitable Compensation Act]

Transitional Provisions

 [Transitional Provision]

 [Transitional Provision]

 [Transitional Provision]

 [Transitional Provision]

Consequential Amendments

Canadian Human Rights Act

The following provision is not in force.

 [Amendment]

Public Service Labour Relations Act

The following provision is not in force.

 [Amendment]

The following provision is not in force.

 [Amendment]

The following provision is not in force.

 [Amendment]

The following provision is not in force.

 [Amendment]

The following provision is not in force.

 [Amendment]

The following provision is not in force.

 [Amendment]

Coming into Force

Marginal note:Order in council

Footnote * Sections 394 and 399 to 405 come into force on a day to be fixed by order of the Governor in Council.

PART 12COMPETITION ACT

Amendments to the Act

 [Amendment]

 [Amendment]

 [Amendment]

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 [Amendments]

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 [Amendments]

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 [Amendments]

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 [Amendments]

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 [Amendment]

 [Amendment]

Transitional Provision

 [Transitional Provision]

Consequential Amendments

Competition Tribunal Act

 [Amendment]

Criminal Code

 [Amendment]

Shipping Conferences Exemption Act, 1987

 [Amendment]

Coming into Force

Marginal note:Sections 410, 429 and 442

Footnote * Sections 410, 429 and 442 come into force one year after the day on which this Act receives royal assent.

PART 13INVESTMENT CANADA ACT

Amendments to the Act

 [Amendment]

 [Amendment]

 [Amendments]

 [Amendments]

 [Amendment]

 [Amendment]

 [Amendment]

 [Amendment]

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 [Amendments]

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 [Amendment]

 [Amendments]

 [Amendments]

 [Amendment]

 [Amendments]

 [Amendment]

 [Amendments]

Transitional Provisions

 [Transitional Provision]

 [Transitional Provision]

Coming into Force

Marginal note:February 6, 2009
  •  (1) Sections 445, 447 and 453 to 456, subsections 457(1) to (4), section 460 and subsections 462(1), (3), (4) and (6) are deemed to have come into force on February 6, 2009.

  • Marginal note:Subsections 448(1) and (2)

    Footnote *(2) Subsections 448(1) and (2) come into force on a day to be fixed by order of the Governor in Council.

PART 14CANADA TRANSPORTATION ACT

Amendments to the Act

The following provision is not in force.

 [Amendment]

The following provision is not in force.

 [Amendment]

Coming into Force

Marginal note:Order in council

Footnote * Sections 466 and 467 come into force on a day to be fixed by order of the Governor in Council made on the recommendation of the Minister of Transport.

PART 15AIR CANADA PUBLIC PARTICIPATION ACT

Amendments to the Act

The following provision is not in force.

 [Amendments]

Transitional Provisions

The following provision is not in force.

 [Transitional Provision]

Coming into Force

Marginal note:Order in council

Footnote * Sections 469 and 470 come into force on a day to be fixed by order of the Governor in Council made on the recommendation of the Minister of Finance.

SCHEDULE 1(Section 127)

[Amendment]

SCHEDULE 2(Section 170)

[Amendment]

SCHEDULE 3(Section 213)

[Amendment]

SCHEDULE 4(Section 215)

[Amendment]

SCHEDULE 5(Section 218)

[Amendment]

SCHEDULE 6(Subsection 220(1))

[Amendment]

SCHEDULE 7(Subsection 220(2))

[Amendment]

SCHEDULE 8(Subsection 224(1))

[Amendment]

SCHEDULE 9(Subsection 224(2))

[Amendment]

SCHEDULE 10(Section 225)

Column 1Column 2
Number of Hours of Insurable EmploymentNumber of Weeks of Benefits
420–45415
455–48915
490–52416
525–55916
560–59417
595–62917
630–66418
665–69918
700–73419
735–76919
770–80420
805–83920
840–87421
875–90921
910–94422
945–97922
980–1,01423
1,015–1,04923
1,050–1,08424
1,085–1,11924
1,120–1,15425
1,155–1,18925
1,190–1,22426
1,225–1,25926
1,260–1,29427
1,295–1,32927
1,330–1,36428
1,365–1,39928
1,400–1,43429
1,435–1,46930
1,470–1,50431
1,505–1,53932
1,540–1,57433
1,575–1,60934
1,610–1,64435
1,645–1,67936
1,680–1,71437
1,715–1,74938
1,750–1,78439
1,785–1,81940
1,820 or more41

SCHEDULE 11(Section 393)

[See Expenditure Restraint Act]

RELATED PROVISIONS

  • — 2009, c. 30, s. 3

    • Subsection 55(7) of regulations

      3. Despite section 225 of the Budget Implementation Act, 2009, if a claimant is a claimant referred to in subsection 55(7) of the Employment Insurance Regulations who was paid less than 36 weeks of regular benefits in the 260 weeks before the beginning of the claimant’s benefit period and that benefit period was established during the period that begins on January 4, 2009 and ends on June 5, 2010, the number of weeks of benefits in Schedule 10 to that Act that apply in respect of that claimant is deemed to be the number of weeks that would otherwise apply in respect of the claimant but for this section increased by

      • (a) 5 weeks, if the claimant contributed at least 30% of the maximum annual employee’s premium in 7 of the 10 years before the beginning of the claimant’s benefit period;

      • (b) 8 weeks, if the claimant contributed at least 30% of the maximum annual employee’s premium in 8 of the 11 years before the beginning of the claimant’s benefit period;

      • (c) 11 weeks, if the claimant contributed at least 30% of the maximum annual employee’s premium in 9 of the 12 years before the beginning of the claimant’s benefit period;

      • (d) 14 weeks, if the claimant contributed at least 30% of the maximum annual employee’s premium in 10 of the 13 years before the beginning of the claimant’s benefit period;

      • (e) 17 weeks, if the claimant contributed at least 30% of the maximum annual employee’s premium in 11 of the 14 years before the beginning of the claimant’s benefit period; or

      • (f) 20 weeks, if the claimant contributed at least 30% of the maximum annual employee’s premium in at least 12 of the 15 years before the beginning of the claimant’s benefit period.

  • — 2009, c. 30, s. 4

    • Subsection 55(7) of regulations

      4. Despite section 225 of the Budget Implementation Act, 2009, if a claimant is a claimant referred to in subsection 55(7) of the Employment Insurance Regulations who was paid less than 36 weeks of regular benefits in the 260 weeks before the beginning of the claimant’s benefit period and that benefit period was established during the period that begins on June 6, 2010 and ends on July 10, 2010, the number of weeks of benefits in Schedule 10 to that Act that apply in respect of that claimant is deemed to be the number of weeks that would otherwise apply in respect of the claimant but for this section increased by

      • (a) 3 weeks, if the claimant contributed at least 30% of the maximum annual employee’s premium in 8 of the 11 years before the beginning of the claimant’s benefit period;

      • (b) 6 weeks, if the claimant contributed at least 30% of the maximum annual employee’s premium in 9 of the 12 years before the beginning of the claimant’s benefit period;

      • (c) 9 weeks, if the claimant contributed at least 30% of the maximum annual employee’s premium in 10 of the 13 years before the beginning of the claimant’s benefit period;

      • (d) 12 weeks, if the claimant contributed at least 30% of the maximum annual employee’s premium in 11 of the 14 years before the beginning of the claimant’s benefit period; or

      • (e) 15 weeks, if the claimant contributed at least 30% of the maximum annual employee’s premium in at least 12 of the 15 years before the beginning of the claimant’s benefit period.

  • — 2009, c. 30, s. 5

    • Subsection 55(7) of regulations

      5. Despite section 225 of the Budget Implementation Act, 2009, if a claimant is a claimant referred to in subsection 55(7) of the Employment Insurance Regulations who was paid less than 36 weeks of regular benefits in the 260 weeks before the beginning of the claimant’s benefit period and that benefit period was established during the period that begins on July 11, 2010 and ends on August 7, 2010, the number of weeks of benefits in Schedule 10 to that Act that apply in respect of that claimant is deemed to be the number of weeks that would otherwise apply in respect of the claimant but for this section increased by

      • (a) 1 week, if the claimant contributed at least 30% of the maximum annual employee’s premium in 9 of the 12 years before the beginning of the claimant’s benefit period;

      • (b) 4 weeks, if the claimant contributed at least 30% of the maximum annual employee’s premium in 10 of the 13 years before the beginning of the claimant’s benefit period;

      • (c) 7 weeks, if the claimant contributed at least 30% of the maximum annual employee’s premium in 11 of the 14 years before the beginning of the claimant’s benefit period; or

      • (d) 10 weeks, if the claimant contributed at least 30% of the maximum annual employee’s premium in at least 12 of the 15 years before the beginning of the claimant’s benefit period.

  • — 2009, c. 30, s. 6

    • Subsection 55(7) of regulations

      6. Despite section 225 of the Budget Implementation Act, 2009, if a claimant is a claimant referred to in subsection 55(7) of the Employment Insurance Regulations who was paid less than 36 weeks of regular benefits in the 260 weeks before the beginning of the claimant’s benefit period and that benefit period was established during the period that begins on August 8, 2010 and ends on September 11, 2010, the number of weeks of benefits in Schedule 10 to that Act that apply in respect of that claimant is deemed to be the number of weeks that would otherwise apply in respect of the claimant but for this section increased by

      • (a) 2 weeks, if the claimant contributed at least 30% of the maximum annual employee’s premium in 11 of the 14 years before the beginning of the claimant’s benefit period; or

      • (b) 5 weeks, if the claimant contributed at least 30% of the maximum annual employee’s premium in at least 12 of the 15 years before the beginning of the claimant’s benefit period.

  • — 2009, c. 30, s. 7

    • Subsection 55(10) of regulations

      7. With respect to a claimant to whom any of sections 3 to 6 applies whose benefit period has not been extended under any of subsections 10(13) to (13.3) of the Employment Insurance Act, subsection 55(10) of the Employment Insurance Regulations is deemed to read as follows:

      • (10) In a claimant’s benefit period, a claimant who is not in Canada or a claimant referred to in subsection (8), subject to the applicable maximums set out in paragraphs (7)(a) and (b), may combine the weeks of benefits to which the claimant is entitled, but the total number of weeks of benefits shall not exceed 50 or, if the maximum number of weeks during which benefits may be paid to a claimant under section 225 of the Budget Implementation Act, 2009 is equal to or greater than 50 weeks as a result of the application of any provision of any Act of Parliament, other than the Employment Insurance Act, the number that corresponds to that maximum number of weeks.

AMENDMENTS NOT IN FORCE

  • — 2013, c. 33, s. 146

    • 146. Subsections 448(1) and (2) of the Budget Implementation Act, 2009 are repealed.

  • — 2013, c. 33, s. 147

    • 147. Section 463 of the Act is repealed.

  • — 2013, c. 33, s. 148

    • 148. Subsection 465(2) of the Act is repealed.