An Act to amend the Canada Pension Plan and the Canada Pension Plan Investment Board Act (S.C. 2003, c. 5)
Full Document:
Assented to 2003-04-03
1997, c. 40CANADA PENSION PLAN INVESTMENT BOARD ACT
15. Section 37 of the Act is replaced by the following:
Marginal note:Income Tax Act
37. The Board and its subsidiaries shall invest their assets in such a way that tax would not be payable by the Board under subsection 206(2) of the Income Tax Act if
(a) Part XI of that Act applied to the Board; and
(b) each subsidiary were a corporation that had made a valid election under section 259 of that Act.
16. Section 50 of the Act is replaced by the following:
Marginal note:Statements to go to Ministers
50. (1) The Board shall send copies of the financial statements for the first, second and third quarters of the financial year, prepared in accordance with subsection 39(6), to the Minister and the appropriate provincial Ministers within 45 days after the end of the three-month period to which they relate.
Marginal note:Statements to be made public
(2) Within seven days after the financial statements are sent as required under subsection (1), the Board shall make the statements available to the public.
17. Subsection 51(1) of the Act is replaced by the following:
Marginal note:Annual report required
51. (1) The Board shall as soon as possible, but in any case within 60 days, after the end of each financial year provide the Minister and the appropriate provincial Ministers with an annual report on the operations of the Board in that year and the Board shall make copies of the report available to the public.
18. (1) Section 56 of the Act is replaced by the following:
Marginal note:Duty of Board
56. The Board shall pay into the Consolidated Revenue Fund, for credit to the Canada Pension Plan Account established under subsection 108(1) of the Canada Pension Plan, any amount required under subsection 108.1(2) or 113(1.1) of that Act.
(2) Section 56 of the Act is renumbered as subsection 56(1) and is amended by adding the following:
Marginal note:Transfer of securities
(2) The Board shall transfer to the Minister any designated securities of a province or of Canada that the Minister requires under subsection 113(1.1) of the Canada Pension Plan.
TRANSITIONAL PROVISIONS
Marginal note:Transfer of securities to the Board
19. (1) On the first day of each month after the coming into force of this section, 1/36 of the right, title or interest of the Minister of Finance in each security that was purchased by the Minister under section 110 of the Canada Pension Plan, and that is held by that Minister on the first day of the first month following the coming into force of this section, is transferred to the Canada Pension Plan Investment Board established under section 3 of the Canada Pension Plan Investment Board Act (“the Board”).
Marginal note:Transfer of replacement securities
(2) If a security referred to in subsection (1) is replaced within the 36-month period beginning on the first day of the first month following the coming into force of this section,
(a) the Board is deemed to have acquired a right, title or interest in the replacement security in the same proportion as the right, title or interest it had acquired in the security being replaced; and
(b) on the first day of each month after the day on which the replacement security is purchased, for each month then remaining in the 36-month period, an equal portion of the right, title or interest of the Minister of Finance in the replacement security is transferred to the Board, so that the replacement security is fully transferred to the Board on the same day as the security that it replaced would have been fully transferred.
Marginal note:Rights extinguished
(3) If a security referred to in subsection (1) is redeemed during the 36-month period referred to in subsection (2) and is not replaced, any right, title or interest of the Board in the security is extinguished.
COMING INTO FORCE
Marginal note:Coming into force
20. (1) Subject to subsection (2), the provisions of this Act, and the provisions of any Act as enacted by this Act, come into force in accordance with subsection 114(4) of the Canada Pension Plan on a day or days to be fixed by order of the Governor in Council.
Marginal note:Exception
(2) Despite subsection 114(4) of the Canada Pension Plan,
(a) subsections 4(1) and (3), 5(3), (5), (7) and (10) and 9(1) and (3), sections 10 and 11, subsection 12(2), section 14 and subsection 18(2) come into force on the day that is three years after the day on which section 19 comes into force; and
(b) section 8 comes into force on the day that is four years after the day on which section 19 comes into force.
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