Department of Human Resources and Skills Development Act (S.C. 2005, c. 34)

R.S., c. S-3Salaries Act

Marginal note:2001, c. 20, s. 29

77. Paragraph 4(2)(z.2) of the Salaries Act is replaced by the following:

SOR/95-329Canada Student Financial Assistance Regulations

Marginal note:SOR/2000-290, s. 23; SOR/2004–120, s. 8

78. Section 41 of the Canada Student Financial Assistance Regulations and the heading before it are repealed.

Changes in Terminology

Marginal note:Replacement of “Department of Human Resources Development”

79. The expression “Department of Human Resources Development” is replaced by the expression “Department of Human Resources and Skills Development” wherever it occurs in the following provisions:

• (a) in the Canada Labour Code,

  • (i) subsection 70.1(1), and

  • (ii) the definition “regional director” in section 166;

• (b) subsection 28(1) of the Canadian Human Rights Act;

• (c) paragraph 107(5)(i) of the Customs Act;

• (d) paragraph 46(2)(c) of the Hazardous Materials Information Review Act; and

• (e) in the Labour Adjustment Benefits Act,

  • (i) subsection 28(2), and

  • (ii) subsection 28(5).

Marginal note:Replacement of “Minister of Human Resources Development”

80. The expression “Minister of Human Resources Development” is replaced by the expression “Minister of Human Resources and Skills Development” wherever it occurs in the following provisions:

• (a) in the Budget Implementation Act, 1998,

  • (i) the definition “Ministers” in subsection 2(1), and

  • (ii) subsection 38(2);

• (b) subsection 212(2) of the Canada Labour Code;

• (c) the definition “Minister” in subsection 2(1) of the Canada Student Loans Act;

• (d) the definition “Minister” in subsection 2(1) of the Employment Insurance Act;

• (e) section 3 of the Government Annuities Act;

• (f) in the Income Tax Act,

  • (i) subparagraph 118.5(1)(a)(ii), and

  • (ii) subparagraph (a)(ii) of the definition “designated educational institution” in subsection 118.6(1);

• (g) the definition “Minister” in subsection 2(1) of the Labour Adjustment Benefits Act; and

• (h) in the Unemployment Assistance Act,

  • (i) the definition “Minister” in section 2, and

  • (ii) section 6.

Marginal note:Replacement of “Department of Human Resources Development Act”

81. The expression “Department of Human Resources Development Act” is replaced by the expression “Department of Human Resources and Skills Development Act” wherever it occurs in the following provisions of the Income Tax Act:

• (a) subparagraph 110(1)(g)(i); and

• (b) the definition “qualifying educational program” in subsection 118.6(1).

Coordinating amendments

Marginal note:2003, c. 22

• 82. (1) On the later of the coming into force of section 224 of the Public Service Modernization Act (the “other Act”), chapter 22 of the Statutes of Canada, 2003, and the coming into force of section 1 of this Act, the expression “public service of Canada” is replaced by the expression “federal public administration” wherever it occurs in the following provisions of the English version of this Act:

  • (a) subsection 49(2); and

  • (b) sections 51 and 52.

• (2) On the later of the coming into force of section 224 of the other Act and section 21 of this Act, paragraph 21(1)(d) of the English version of this Act is replaced by the following:

  • (d) are deemed to be employed in the public service for the purposes of the Public Service Superannuation Act and to be employed in the federal public administration for the purposes of the Government Employees Compensation Act and any regulations made pursuant to section 9 of the Aeronautics Act; and

Marginal note:Bill C-5

• 83. (1) If Bill C-5, introduced in the 1st session of the 38th Parliament and entitled the Canada Education Savings Act (the “other Act”), receives royal assent, then the provisions mentioned in subsections (2) to (13) are amended as provided in those subsections.

• (2) On the coming into force of Part 4 of this Act, section 11 of the other Act is repealed.

• (3) If section 15 of the other Act comes into force before or on the same day as section 61 of this Act, section 61 of this Act is repealed.

• (4) If section 61 of this Act comes into force before section 15 of the other Act, section 15 of the other Act is repealed.

• (5) If section 16 of the other Act comes into force before or on the same day as Part 4 of this Act, then, on the coming into force of Part 4 of this Act, Schedule II to the Access to Information Act is amended by striking out the reference to

  • Canada Education Savings Act

    Loi canadienne sur l’épargne-études

  and the corresponding reference to “section 11”.

• (6) If Part 4 of this Act comes into force before section 16 of the other Act, section 16 of the other Act is repealed.

• (7) If section 84 of this Act comes into force before or on the same day as section 19 of the other Act, section 19 of the other Act is repealed.

• (8) If section 5 of the other Act comes into force before or on the same day as Part 5 of this Act, Part 5 of this Act is repealed.

• (9) If Part 5 of this Act comes into force before section 5 of the other Act, Part 5 of this Act is repealed on the day on which section 5 of the other Act comes into force.

• (10) If Part 5 of this Act comes into force before section 14 of the other Act, section 14 of the other Act is replaced by the following:

  Marginal note:Agreements

  14. Every agreement entered into under Part III.1 of the Department of Human Resources Development Act or Part 5 of the Department of Human Resources and Skills Development Act that is in force immediately before the coming into force of section 5 of this Act is deemed to be an agreement entered into under that section and continues in force until it terminates.

• (11) If the other Act receives royal assent before or on the same day as this Act receives royal assent, sections 68 and 69 and subsection 71(1) of this Act are repealed. However, if section 1 of the other Act is not in force on the day on which Part 5 of this Act comes into force, paragraph 146.1(14)(a) of the Income Tax Act is replaced by the following:

  • (a) in this section, in paragraph 60(x) or in subparagraph 241(4)(d)(vii.1) to the Canada Education Savings Act, to an amount paid, to the payment of an amount or to the repayment of an amount, or to a condition or an obligation imposed, under that Act includes a reference to Part III.1 of the Department of Human Resources Development Act or to Part 5 of the Department of Human Resources and Skills Development Act, or to an amount paid, to the payment of an amount or to the repayment of an amount, or to a condition or an obligation imposed, as the case may be, under either of those Parts as it read at the time the reference is relevant; and

• (12) If Part 5 of this Act comes into force before the other Act receives royal assent, then, on the day on which the other Act receives royal assent, subsection 146.1(14) of the Income Tax Act is replaced by the following:

  • Marginal note:Former Act

    (14) A reference

    • (a) in this section, in paragraph 60(x) or in subparagraph 241(4)(d)(vii.1) to the Canada Education Savings Act, to an amount paid, to the payment of an amount or to the repayment of an amount, or to a condition or an obligation imposed, under that Act includes a reference to Part III.1 of the Department of Human Resources Development Act or to Part 5 of the Department of Human Resources and Skills Development Act, or to an amount paid, to the payment of an amount or to the repayment of an amount, or to a condition or an obligation imposed, as the case may be, under either of those Parts as it read at the time the reference is relevant; and

    • (b) in clause (2)(g.1)(ii)(B) to an amount that the Minister designated for the purpose of the Canada Education Savings Act approves in writing with respect to an individual includes a reference to an amount that the Minister of Human Resources Development, the Minister of State to be styled Minister of Human Resources and Skills Development or the Minister of Human Resources and Skills Development has approved in writing with respect to the individual.

• (13) If Part 5 of this Act comes into force before subsection 2(1) of the other Act, the definition “CES grant” in that subsection is replaced by the following:

  “CES grant”

  « subvention pour l’épargne-études »

  “CES grant” means a Canada Education Savings grant payable or paid under section 5 or under Part 5 of the Department of Human Resources and Skills Development Act or Part III.1 of the Department of Human Resources Development Act as it read immediately before its repeal.