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

Assented to 2009-03-12

Transitional Provision

Marginal note:Initial annual report

 If section 297 comes into force less than three months before the end of a fiscal year, the president shall submit the first report required under section 16 of the Canadian Securities Regulation Regime Transition Office Act no later than four months after the end of the following fiscal year, and that report shall cover the period starting on the day on which section 297 comes into force and ending on the last day of that following fiscal year.

Coming into Force

Marginal note:Order in council

 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 to accelerate repairs and maintenance at post-secondary institutions.

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 7R.S., c. N-22NAVIGABLE WATERS PROTECTION ACT

Amendments to the Act

 Section 2 of the Navigable Waters Protection Act is amended by adding the following in alphabetical order:

“ferry cable”

« câble de traille »

“ferry cable” includes any ferry cable, rod, chain or other device put across, over, in or under any navigable water for working a ferry;

“vessel”

« bateau »

“vessel” includes every description of ship, boat or craft of any kind, without regard to method or lack of propulsion and to whether it is used as a sea-going vessel or on inland waters only, including everything forming part of its machinery, tackle, equipment, cargo, stores or ballast;

“work”

« ouvrage »

“work” includes

  • (a) any man-made structure, device or thing, whether temporary or permanent, that may interfere with navigation; and

  • (b) any dumping of fill in any navigable water, or any excavation of materials from the bed of any navigable water, that may interfere with navigation.

 The Act is amended by adding the following after section 2:

HER MAJESTY

Marginal note:Binding on Her Majesty

2.1 This Act is binding on Her Majesty in right of Canada or a province.

 The heading of Part I of the Act is replaced by the following:

APPROVAL OF WORKS

  •  (1) The definition “work” in section 3 of the Act is repealed.

  • (2) Section 3 of the Act is renumbered as subsection 3(1) and is amended by adding the following:

    • Marginal note:Related works

      (2) If the Minister considers that two or more works are related, the Minister may, for the purposes of this Part, deem them to be a single work.

 Sections 4 and 5 of the Act are replaced by the following:

Marginal note:Application — works under Acts or orders
  • 4. (1) Except for this section and the provisions of this Part that relate to rebuilding, repairing or altering any lawful work, nothing in this Part applies to any work constructed under the authority of

    • (a) an Act of Parliament or an order of the Governor in Council, if the work was constructed before the coming into force of this subsection;

    • (b) an Act of the legislature of a province or an order of the lieutenant governor in council of a province, if the work was constructed before the coming into force of this subsection;

    • (c) an Act of the legislature of a colony of Great Britain of which at least some portion now forms part of Canada; or

    • (d) Her Majesty in respect of such a colony.

  • Marginal note:Application — works owned or transferred

    (2) Except for this section and the provisions of this Part that relate to rebuilding, repairing or altering any lawful work, nothing in this Part applies to

    • (a) works that are owned by Her Majesty in right of Canada or a province on the day on which this subsection comes into force; or

    • (b) works whose ownership was transferred before the day on which this subsection comes into force to another person by Her Majesty in right of Canada or a province or in respect of a colony of Great Britain of which at least some portion now forms part of Canada.

  • Marginal note:Ministerial order

    (3) The Minister may order an owner of a work referred to in subsection (1) or (2) to alter or remove the work or to comply with any terms and conditions that the Minister, as he or she considers appropriate, may impose if the Minister is satisfied that

    • (a) the work has become a danger to or an interference with navigation by reason of the passage of time and changing conditions in navigation of the navigable waters concerned; or

    • (b) the alteration or removal or the terms and conditions are in the public interest.

  • Marginal note:Minister’s powers

    (4) If the owner of the work fails to comply with an order given under subsection (3), the Minister may remove and destroy the work and sell, give away or otherwise dispose of the materials contained in the work.

  • Marginal note:Costs of removal, destruction or disposal

    (5) If the Minister removes, destroys or disposes of a work under subsection (4), the costs of and incidental to the removal, destruction or disposal, after deducting any sum that may be realized by sale or otherwise, are recoverable with costs in the name of Her Majesty in right of Canada from the owner.

General

Marginal note:Approval of works
  • 5. (1) No work shall be built or placed in, on, over, under, through or across any navigable water without the Minister’s prior approval of the work, its site and the plans for it.

  • Marginal note:Terms and conditions — substantial interference

    (2) If the Minister considers that the work would substantially interfere with navigation, the Minister may impose any terms and conditions on the approval that the Minister considers appropriate, including requiring that construction of the work be started within six months and finished within three years of the day on which approval is granted or within any other period that the Minister may fix.

  • Marginal note:Terms and conditions — other interference

    (3) If the Minister considers that the work would interfere, other than substantially, with navigation, the Minister may impose any terms and conditions on the approval that the Minister considers appropriate, including requiring that construction of the work be started and finished within the period fixed by the Minister.

  • Marginal note:Extension of period

    (4) The Minister may, at any time, extend the period by changing the day on which construction of the work shall be started or finished.

  • Marginal note:Compliance with plans, regulations and terms and conditions

    (5) The work shall be built, placed, maintained, operated, used and removed in accordance with the plans and the regulations and with the terms and conditions in the approval.

Marginal note:Classes of works and navigable waters
  • 5.1 (1) Despite section 5, a work may be built or placed in, on, over, under, through or across any navigable water without meeting the requirements of that section if the work falls within a class of works, or the navigable water falls within a class of navigable waters, established by regulation or under section 13.

  • Marginal note:Compliance

    (2) The work shall be built, placed, maintained, operated, used and removed in accordance with the regulations or with the terms and conditions imposed under section 13.

  • Marginal note:Non-application

    (3) Sections 6 to 11.1 do not apply to works referred to in subsection (1) unless there is a contravention of subsection (2).

 
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