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

Assented to 2009-03-12

 Section 18 of the Act is replaced by the following:

Marginal note:False statement or information
  • 18. (1) Every person who, in respect of a guaranteed student loan, knowingly makes any false statement or misrepresentation, including by omission, in an application or other document or knowingly provides any false or misleading information, including by omission, is guilty of an offence under this Act and liable on summary conviction to a fine not exceeding $1,000.

  • Marginal note:Limitation period

    (2) A prosecution for an offence under this Act may not be instituted later than six years after the time when the subject matter of the complaint arose.

ADMINISTRATIVE MEASURES

Marginal note:Administrative measures
  • 18.1 (1) If a person, in respect of a guaranteed student loan, knowingly makes any false statement or misrepresentation, including by omission, in an application or other document or knowingly provides any false or misleading information, including by omission, the Minister may

    • (a) deny the person an interest-free period under section 4 or a special interest-free period under section 10 for a prescribed period, or terminate the interest-free period or the special interest-free period;

    • (b) deny the person the deferral of payments of principal or interest under section 5 for a prescribed period, or terminate the deferral;

    • (c) deny the person payments of interest under subsection 5.1(2) for a prescribed period, or terminate the payments;

    • (d) deny the person repayment of a guaranteed student loan on an income-contingent basis referred to in paragraph 17(q) for a prescribed period, or terminate repayment on an income-contingent basis;

    • (e) deny the person a gratuitous payment referred to in paragraph 17(q.1); or

    • (f) require the person to immediately repay any outstanding amount of a guaranteed student loan that they obtained by reason of the false statement or misrepresentation or the false or misleading information.

  • Marginal note:Outstanding student loans

    (2) If, before the day on which this section comes into force, a person knowingly made any false statement or misrepresentation, including by omission, in an application or other document or knowingly provided any false or misleading information, including by omission, in respect of a guaranteed student loan that is outstanding on that day, the Minister may take any measure set out in paragraphs (1)(a) to (f).

  • Marginal note:Notice

    (3) The Minister may not take any measure under subsection (1) or (2) without having given the person 60 days’ notice of the Minister’s intention to take the measure.

  • Marginal note:Submissions

    (4) The person may make submissions to the Minister in respect of the measure at any time.

  • Marginal note:Rescission or modification of measure

    (5) The Minister may rescind or modify a measure taken under subsection (1) or (2) if new facts are presented or the Minister considers that the measure was taken without knowledge of some material fact or on the basis of a mistake concerning one.

  • Marginal note:Limitation

    (6) The Minister may not take any measure under subsection (1) or (2) later than five years after the day on which the Minister becomes aware of the false statement or misrepresentation or the false or misleading information.

 The Act is amended by adding the following after section 19.2:

Marginal note:Requirement to provide information or documents
  • 19.3 (1) For the purpose of verifying compliance or preventing non-compliance with this Act, the Minister may, by notice served personally or by confirmed delivery service, require any person who has received a guaranteed student loan to provide to the Minister, within the time and in the manner that are stipulated in the notice, any information or document that is in their possession or to which they could reasonably be expected to have access.

  • Marginal note:Copies as evidence

    (2) When a document is provided in accordance with subsection (1), the Minister may make, or cause to be made, one or more certified copies of it and any such copy is evidence of the nature and content of the original document and has the same probative force as the original document would have if it were proven in the ordinary way.

2008, c. 28Consequential Amendment to the Budget Implementation Act, 2008

 Section 105 of the Budget Implementation Act, 2008 is repealed.

Division 3Crown Corporations

R.S., c. F-11Financial Administration Act

Marginal note:2006, c. 9, s. 262(3)

 Subsections 85(1.1) and (1.2) of the Financial Administration Act are replaced by the following:

  • Marginal note:Exempted Crown corporations

    (1.1) Divisions I to IV, except for subsection 105(2) and sections 113.1, 119, 131 to 148 and 154.01, do not apply to the Canada Council for the Arts, the Canadian Broadcasting Corporation, the International Development Research Centre or the National Arts Centre Corporation.

  • Marginal note:Exemption for Telefilm Canada

    (1.2) Divisions I to IV, except for subsection 105(2) and sections 113.1, 119, 131 to 148 and 154.01 and subject to subsection 21(2) of the Telefilm Canada Act, do not apply to Telefilm Canada.

  •  (1) The portion of subsection 99(2) of the Act before paragraph (a) is replaced by the following:

    • Marginal note:Disposal of property

      (2) Subject to this section and sections 90, 91 and 130, an agent corporation may sell or otherwise dispose of or lease any property held by the corporation and may retain and use the proceeds of the disposal or lease, but only

  • (2) The portion of subsection 99(3) of the Act before paragraph (a) is replaced by the following:

    • Marginal note:Exception

      (3) Subsection (2) does not apply in respect of any sale or other disposal or lease of property by an agent corporation established by an Act of Parliament, if the corporation is specifically empowered by that Act or any other Act of Parliament

  • (3) Paragraphs 99(3)(a) and (b) of the English version of the Act are replaced by the following:

    • (a) to sell or otherwise dispose of or lease property; or

    • (b) to sell or otherwise dispose of or lease property for consideration not exceeding a specified amount and the sale or other disposal or lease of the property is for consideration equal to or less than the specified amount.

  • (4) Paragraphs 99(4)(a) and (b) of the Act are replaced by the following:

    • (a) prescribing the terms and conditions on which an agent corporation may sell or otherwise dispose of or lease property;

    • (b) prescribing the circumstances in which an agent corporation may retain and use all or any part of the proceeds of any disposal or lease of property; and

  • (5) Subsection 99(5) of the Act is replaced by the following:

    • Marginal note:Terms and conditions

      (5) The Governor in Council may, in any authorizing order under subsection (2), specify any terms and conditions that the Governor in Council considers appropriate, including terms and conditions respecting the retention and use of all or any part of the proceeds of the disposal or lease by the agent corporation.

 Subsection 105(2) of the Act is replaced by the following:

  • Marginal note:Officer or employee not to be director

    (2) No officer or employee of a Crown corporation or any of its affiliates, other than the chief executive officer of a parent Crown corporation, shall be a director of the parent Crown corporation.

  • Marginal note:Transitional provision

    (2.1) Any officer or employee of a Crown corporation or any of its affiliates, other than the chief executive officer of a parent Crown corporation, who was a director of the parent Crown corporation immediately before the day on which this subsection comes into force may continue as a director of that corporation for six months after that day or, if it is shorter, the remainder of his or her term.

 The Act is amended by adding the following after section 113:

Marginal note:Public meeting
  • 113.1 (1) The board of directors of a parent Crown corporation shall hold a public meeting within 18 months after the day on which the board holds its first meeting or, if it is later, the day on which this section comes into force and, subsequently, within 15 months after the day on which the last preceding public meeting was held.

  • Marginal note:By-laws

    (2) The meeting shall be held in Canada in the manner provided for in the by-laws or, if no manner is provided for, in the manner determined by the board of directors.

  • Marginal note:Notice of meeting

    (3) The corporation shall publish a notice of the meeting at least 30 days before the day on which the meeting is to be held. The notice shall indicate the location, if any, and the date and time of the meeting, the means of participating in the meeting and how copies of the corporation’s most recent annual report may be obtained.

  • Marginal note:Director and chief executive officer to attend

    (4) One or more directors of the corporation and its chief executive officer, whether or not he or she is a director of the corporation, shall participate in the meeting to answer questions from the public.

Marginal note:1991, c. 24, s. 34
  •  (1) The portion of subsection 119(1) of the Act before paragraph (a) is replaced by the following:

    Marginal note:Obligation to indemnify
    • 119. (1) The Treasury Board shall, in accordance with the regulations, if any, indemnify a present or former director or officer of a Crown corporation or a person who acts or acted at the request of a Minister or a Crown corporation as a director or officer of another corporation, and his or her heirs and legal representatives, against the costs, charges and expenses, including an amount paid to settle an action or satisfy a judgment, that are reasonably incurred by him or her in respect of any civil, criminal, administrative or investigative action or proceeding to which he or she is a party by reason of being or having been such a director or officer, if he or she

  • (2) Section 119 of the Act is amended by adding the following after subsection (1):

    • Marginal note:Advance of costs

      (1.1) The Treasury Board shall, in accordance with the regulations, if any, advance moneys to any individual referred to in subsection (1) for the costs, charges and expenses of an action or proceeding referred to in that subsection unless there are reasonable grounds to believe that the individual does not fulfil the conditions set out in paragraph (1)(a) or (b). The individual shall repay the moneys if he or she does not fulfil those conditions.

  • Marginal note:1991, c. 24, s. 34

    (3) The portion of subsection 119(2) of the Act before paragraph (a) is replaced by the following:

    • Marginal note:Entitlement to indemnification

      (2) Despite anything in this section, a director or officer referred to in subsection (1) is, and his or her heirs and legal representatives are, entitled to indemnity, in accordance with the regulations, if any, from the Treasury Board in respect of the costs, charges and expenses reasonably incurred by him or her in connection with the defence of any civil, criminal, administrative or investigative action or proceeding to which he or she was made a party by reason of being or having been such a director or officer, if he or she

  • Marginal note:1991, c. 24, s. 34

    (4) Subsection 119(3) of the Act is replaced by the following:

    • Marginal note:Regulations

      (3) The Treasury Board may make regulations

      • (a) respecting indemnification and advances under this section, including terms and conditions governing them;

      • (b) defining, for the purposes of this section, the meaning of any word or expression used in it that is not defined in this Act;

      • (c) prescribing circumstances in which a director or officer is presumed not to have fulfilled the condition set out in paragraph (1)(a); and

      • (d) respecting the determination of the amounts to be paid as indemnification or advances under this section.

 
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