Jobs and Growth Act, 2012 (S.C. 2012, c. 31)

Assented to 2012-12-14

Marginal note:Suspension — sections 1 and 2, subsections 3(2) to (7) and sections 4 to 26, 29, 35 and 36

 The operation of sections 1 and 2, subsections 3(2) to (7) and sections 4 to 26, 29, 35 and 36 of the Canada Employment Insurance Financing Board Act is suspended.

Marginal note:End of suspension

 The suspension of the provisions of the Canada Employment Insurance Financing Board Act ends on a day or days to be fixed by order of the Governor in Council.

Transitional Provision

Marginal note:Subsection 10(6)

 When the Governor in Council makes an order under section 448 that ends the suspension of the operation of subsection 10(6) of the Canada Employment Insurance Financing Board Act, the nominating committee does not, for the purposes of that subsection, have to consult the board of directors until the first seven directors have been appointed by the Governor in Council.

2012, c. 19Jobs, Growth and Long-term Prosperity Act

 Subsection 610(2) of the Jobs, Growth and Long-term Prosperity Act is amended by replacing the paragraph (b) that it enacts with the following:

  • (b) the forecast costs to be paid under paragraphs 77(1)(d), (d.1), (f) and (g) during each of the following seven years, including any forecast change in those costs resulting from any change to the payments referred to in paragraph (a);

 Subsection 619(3) of the Act is replaced by the following:

  • Marginal note:Order in council

    (3) Subsections 609(2) and (6), 610(2) and 611(2) come into force on a day to be fixed by order of the Governor in Council.

Transitional Provisions

Marginal note:Definitions

 The following definitions apply in sections 453 to 460.

“Board”

« Office »

“Board” has the same meaning as in section 2 of the Canada Employment Insurance Financing Board Act.

“Minister”

« ministre »

“Minister” has the same meaning as in section 2 of the Canada Employment Insurance Financing Board Act.

Marginal note:Appointments terminated
  •  (1) Members of the Board’s board of directors appointed under subsection 9(1) or (5) of the Canada Employment Insurance Financing Board Act cease to hold office on the coming into force of this subsection.

  • Marginal note:No compensation

    (2) Despite the provisions of any contract, agreement or order, no person appointed to hold office as a member of the Board’s board of directors has any right to claim or receive any compensation, damages, indemnity or other form of relief from Her Majesty in right of Canada or from any employee or agent of Her Majesty for ceasing to hold that office or for the abolition of that office by the operation of this Division.

Marginal note:Dissolution

 The Board is dissolved.

Marginal note:References

 Every reference to the Board in a deed, contract, agreement or other document executed by the Board in its own name before the day on which section 454 comes into force is to be read as a reference to Her Majesty in right of Canada as represented by the Minister, unless the context requires otherwise.

Marginal note:Surplus

 Any surplus of financial assets that remains after the satisfaction of the debts and liabilities of the Board on the day on which section 454 comes into force is to be paid into the Consolidated Revenue Fund and credited to the Employment Insurance Operating Account established under section 70.2 of the Employment Insurance Act.

Marginal note:Unsatisfied debts and liabilities

 Any debts and liabilities of the Board that remain unsatisfied on the day on which section 454 comes into force become the debts and liabilities of Her Majesty in right of Canada.

Marginal note:Commencement of legal proceedings

 Any action, suit or other legal proceeding in respect of an obligation or liability incurred by the Board before the day on which section 454 comes into force may be brought against Her Majesty in right of Canada in any court that would have had jurisdiction if the action, suit or other legal proceeding had been brought against the Board.

Marginal note:Continuation of legal proceedings

 Any action, suit or other legal proceeding to which the Board is a party that is pending in any court immediately before the day on which section 454 comes into force may be continued by or against Her Majesty in right of Canada in like manner and to the same extent as it could have been continued by or against the Board.

Marginal note:Auditor

 After the closing out of the Board’s affairs, its accounts and financial transactions are to be audited by the Auditor General of Canada, and a report of the audit is to be made to the Minister.

R.S., c. F-11Consequential Amendments to the Financial Administration Act

Marginal note:2008, c. 28, s. 134
  •  (1) Part I of Schedule III to the Financial Administration Act is amended by striking out the following:

    • Canada Employment Insurance Financing Board

      Office de financement de l’assurance-emploi du Canada

  • (2) Part I of Schedule III to the Act is amended by adding the following in alphabetical order:

    • Canada Employment Insurance Financing Board

      Office de financement de l’assurance-emploi du Canada

Coordinating Amendments

Marginal note:2012, c. 19
  •  (1) In this section, “other Act” means the Jobs, Growth and Long-term Prosperity Act.

  • (2) If section 307 of the other Act comes into force before subsection 436(4) of this Act, then, on the first day on which both that section 307 and subsection 436(3) of this Act are in force, paragraph 66.1(1)(b) of the Employment Insurance Act is replaced by the following:

    • (b) the forecast costs to be paid under paragraphs 77(1)(d), (d.1), (f) and (g) during the following year, including any forecast change in those costs resulting from any change to the payments referred to in paragraph (a);

  • (3) On the first day on which both section 307 of the other Act and subsection 436(4) of this Act are in force, paragraph 66.1(1)(b) of the Employment Insurance Act is replaced by the following:

    • (b) the forecast costs to be paid under paragraphs 77(1)(d), (d.1) and (g) during the following year, including any forecast change in those costs resulting from any change to the payments referred to in paragraph (a); and

  • (4) If section 307 of the other Act comes into force before subsection 439(1) of this Act, then subsection 439(1) of the English version of this Act is replaced by the following:

    Marginal note:2008, c. 28, s. 129
    • 439. (1) Subsection 77(1) of the Act is amended by adding “and” at the end of paragraph (d.1) and by repealing paragraphs (e) and (f).

  • (5) If subsection 439(1) of this Act comes into force before section 307 of the other Act, then, on the day on which that section 307 comes into force, subsection 77(1) of the English version of the Employment Insurance Act is amended by striking out “and” at the end of paragraph (d) and by adding “and” at the end of paragraph (d.1).

  • (6) If section 307 of the other Act comes into force on the same day as subsection 439(1) of this Act, then that subsection 439(1) is deemed to have come into force before that section 307 and subsection (5) applies as a consequence.

Coming into Force

Marginal note:Order in council
  •  (1) Subsections 433(1) and (3), 434(1), 435(1), (2), (4), (6) and (8), 436(1), (4), (5) and (7), 437(1), (3) and (5), 438(1), 439(1), 440(1) and (3), 441(1), 442(1), 443(1) and 445(2), sections 447 and 452 to 460 and subsection 461(1) come into force on a day to be fixed by order of the Governor in Council.

  • Marginal note:Order in council under section 448

    (2) Subsections 439(3), 442(2), 443(2) and 461(2) come into force on the first day on which the Governor in Council makes an order under section 448.

  • Marginal note:Order in council

    (3) Subsection 439(2) comes into force on a day, after the day referred to in subsection (2), to be fixed by order of the Governor in Council.

  • Marginal note:2012, c. 19

    (4) Subsections 433(2) and (4), 434(2), 435(3), (5), (7) and (9), 436(2), (6) and (8), 437(2), (4) and (6), 438(2), 440(2) and (4) and 441(2) come into force on the day on which subsection 609(2) of the Jobs, Growth and Long-term Prosperity Act comes into force.

Division 23Public Sector Pensions

R.S., c. C-17Canadian Forces Superannuation Act

Amendments to the Act

Marginal note:1999, c. 34, s. 115(1)

 The portion of the definition “contributor” in subsection 2(1) of the Canadian Forces Superannuation Act before paragraph (b) is replaced by the following:

“contributor”

« contributeur »

“contributor” means a person who is required by section 5 to contribute to the Canadian Forces Pension Fund, and includes, unless the context otherwise requires,

  • (a) a person who has ceased to be required by this Act to contribute to the Superannuation Account or the Canadian Forces Pension Fund, and

 
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