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Jobs, Growth and Long-term Prosperity Act (S.C. 2012, c. 19)

Assented to 2012-06-29

PART 4VARIOUS MEASURES

Division 8Social Insurance Number Cards

2001, c. 27Immigration and Refugee Protection Act

311. Section 90 of the Immigration and Refugee Protection Act and the heading before it are replaced by the following:

Social Insurance Numbers

Marginal note:Minister directs special numbers to be issued

90. The Minister may direct the Canada Employment Insurance Commission to assign to persons, other than Canadian citizens or permanent residents, Social Insurance Numbers identifying those persons as persons who may be required under this Act to obtain authorization to work in Canada.

2005, c. 47, s. 1Wage Earner Protection Program Act

Marginal note:2005, c. 47, s. 140(2)

312. Section 27 of the Wage Earner Protection Program Act is replaced by the following:

Marginal note:Information must be made available to Minister

27. Personal information relating to an applicant that is collected or obtained by the Canada Employment Insurance Commission must, if requested by the Minister, be made available to the Minister to determine the applicant’s eligibility to receive a payment under this Act.

Coordinating Amendment

Marginal note:2011, c. 25, Part 2

313. Section 309 of this Act is repealed if the day on which this Act receives royal assent is after August 1, 2012.

Coming into Force

Marginal note:Order in council

314. Sections 304 to 312 come into force on a day or days to be fixed by order of the Governor in Council.

Division 9Amendments Relating to the Parks Canada Agency

1998, c. 31Parks Canada Agency Act

315. The Parks Canada Agency Act is amended by adding the following after section 6:

Marginal note:Other Acts and regulations

  • 6.1 (1) If considerations of geography make it impractical for the body or minister responsible for administering and enforcing an Act listed in Part 3 of the schedule — or any regulation made under that Act — or any regulation listed in Part 4 of the schedule to do so in a part of Canada, the Agency may enter into an agreement with that body or minister under which the Agency may assist that body or minister in the administration and enforcement of the Act or regulation in that part of Canada.

  • Marginal note:Park wardens

    (2) For the purposes of an agreement entered into under subsection (1), persons designated as park wardens under section 18 of the Canada National Parks Act may, with the Chief Executive Officer’s approval,

    • (a) be designated under the Acts listed in Part 3 of the schedule to exercise powers set out in the designation in relation to the administration and enforcement of those Acts and any regulations made under them; and

    • (b) be designated under the Acts under which the regulations listed in Part 4 of the schedule are made to exercise powers set out in the designation in relation to the administration and enforcement of those regulations.

  • Meaning of “part of Canada”

    (3) In this section, “part of Canada” means a part of Canada that is outside national parks, national historic sites, national marine conservation areas and other protected heritage areas.

316. Section 7 of the Act is renumbered as subsection 7(1) and is amended by adding the following:

  • Marginal note:Additions to or deletions from schedule

    (2) For the purposes of section 6.1, the Governor in Council may, by order, add to or delete from the schedule any Act of Parliament or regulation made under an Act of Parliament, or part of such an Act or regulation, that relates to the environment.

317. The portion of subsection 21(3) of the Act before paragraph (a) is replaced by the following:

  • Marginal note:Payments out of New Parks and Historic Sites Account

    (3) Despite any other Act of Parliament, amounts may be paid out of the New Parks and Historic Sites Account for the following purposes:

Marginal note:2002, c. 18, s. 39.

318. Section 31 of the Act is replaced by the following:

Marginal note:Report — heritage areas and programs

31. At least every five years, the Chief Executive Officer shall provide the Minister with a report, to be tabled in each House of Parliament, on the state of national parks, national historic sites, national marine conservation areas and other protected heritage areas and heritage protection programs, and on the Agency’s performance in carrying out its responsibilities under section 6.

319. Subsection 32(2) of the Act is replaced by the following:

  • Marginal note:Review of management plans by Minister

    (2) The Minister shall review the management plan for each national historic site or other protected heritage area at least every 10 years and shall cause any amendments to the plan to be tabled in each House of Parliament.

320. Sections 33 and 34 of the Act are repealed.

321. Section 36 of the Act and the heading before it are repealed.

322. The schedule to the Act is amended by replacing the references after the heading “SCHEDULE” with the following:

(Sections 6, 6.1 and 7)

323. The schedule to the Act is amended by adding the following after Part 2:

PART 3
ACTS

PART 4
REGULATIONS

2000, c. 32Canada National Parks Act

324. Subsection 11(2) of the Canada National Parks Act is replaced by the following:

  • Marginal note:Review of management plans by Minister

    (2) The Minister shall review the management plan for each park at least every 10 years and shall cause any amendments to the plan to be tabled in each House of Parliament.

2002, c. 18Canada National Marine Conservation Areas Act

325. Subsection 9(2) of the Canada National Marine Conservation Areas Act is replaced by the following:

  • Marginal note:Review of management plans by Minister

    (2) The Minister shall review the management plan for each marine conservation area at least every 10 years and shall cause any amendments to the plan to be tabled in each House of Parliament.

Division 10Financial Institutions

1991, c. 45Trust and Loan Companies Act

326. Section 164 of the Trust and Loan Companies Act is amended by adding the following after paragraph (f):

  • (f.1) a person who is an officer, director, employee or agent of — or any other person nominated by or acting on behalf of — an eligible agent within the meaning of section 374.1;

Marginal note:1994, c. 47, s. 205

327. Section 374.1 of the Act is replaced by the following:

Marginal note:Definitions

374.1 The following definitions apply in this Part.

“agent”

« mandataire »

“agent” means

  • (a) in relation to Her Majesty in right of Canada or of a province, any agent of Her Majesty in either of those rights, and includes a municipal or public body empowered to perform a function of government in Canada or any entity empowered to perform a function or duty on behalf of Her Majesty in either of those rights, but does not include

    • (i) an official or entity performing a function or duty in connection with the administration or management of the estate or property of a natural person,

    • (ii) an official or entity performing a function or duty in connection with the administration, management or investment of a fund established to provide compensation, hospitalization, medical care, annuities, pensions or similar benefits to natural persons, or moneys derived from such a fund, or

    • (iii) the trustee of any trust for the administration of a fund to which Her Majesty in either of those rights contributes and of which an official or entity that is an agent of Her Majesty in either of those rights is a trustee; and

  • (b) in relation to the government of a foreign country or any political subdivision thereof, a person empowered to perform a function or duty on behalf of the government of the foreign country or political subdivision, other than a function or duty in connection with the administration or management of the estate or property of a natural person.

“eligible agent”

« mandataire admissible »

“eligible agent” means an agent or agency of Her Majesty in right of Canada or of a province or an agent or agency of a government of a foreign country or any political subdivision of a foreign country

  • (a) whose mandate is publicly available;

  • (b) that controls the assets of an investment fund in a manner intended to maximize long-term risk-adjusted returns and that fund is

    • (i) one to which, as the case may be, Her Majesty in right of Canada or of a province or the government of a foreign country or political subdivision contributes, or

    • (ii) established to provide compensation, hospitalization, medical care, annuities, pensions or similar benefits to natural persons; and

  • (c) whose decisions with respect to the assets of the fund referred to in paragraph (b) are not influenced in any significant way by, as the case may be, Her Majesty in right of Canada or of the province or the government of the foreign country or the political subdivision.

Marginal note:Associates

  • 374.2 (1) For the purpose of determining ownership of a company by an eligible agent, where two persons, at least one of whom is an eligible agent, are associated with each other, those persons are deemed to be a single eligible agent who beneficially owns the aggregate number of shares of the company beneficially owned by them.

  • Marginal note:Associates

    (2) For the purposes of subsection (1), a person is associated with another person if

    • (a) each person is an agent or agency of Her Majesty in right of Canada;

    • (b) each person is an agent or agency of Her Majesty in right of the same province;

    • (c) each person is an agent or agency of a government of the same foreign country or a political subdivision of the same foreign country;

    • (d) one person is Her Majesty in right of Canada and the other person is an agent or agency of Her Majesty in that right;

    • (e) one person is Her Majesty in right of a province and the other person is an agent or agency of Her Majesty in right of that province; or

    • (f) one person is a government of a foreign country or any political subdivision of a foreign country and the other person is its agent or agency.

328. Section 396 of the Act is amended by adding the following after subsection (2):

  • Marginal note:Exception

    (3) Despite subsection (1), a company may, with the Minister’s approval, record in its securities register the issue of any share of the company to an eligible agent.

  • Marginal note:Ministerial approval

    (4) The Minister, in determining whether to grant the approval referred to in subsection (3), shall take into account all matters that he or she considers relevant, including those set out in paragraphs 388(1)(a) to (g).

329. Section 399 of the Act is amended by adding the following after subsection (4):

  • Marginal note:Exception — eligible agent

    (5) Subsection (2) does not apply in respect of the exercise of voting rights attached to any share referred to in subsection 396(3).

1991, c. 46Bank Act

330. Section 160 of the Bank Act is amended by adding the following after paragraph (f):

  • (f.1) a person who is an officer, director, employee or agent of — or any other person nominated by or acting on behalf of — an eligible agent within the meaning of subsection 370(1);

331. Subsection 370(1) of the Act is amended by adding the following in alphabetical order:

“eligible agent”

« mandataire admissible »

“eligible agent” means an agent or agency of Her Majesty in right of Canada or of a province or an agent or agency of a government of a foreign country or any political subdivision of a foreign country

  • (a) whose mandate is publicly available;

  • (b) that controls the assets of an investment fund in a manner intended to maximize long-term risk-adjusted returns and that fund is

    • (i) one to which, as the case may be, Her Majesty in right of Canada or of a province or the government of a foreign country or political subdivision contributes, or

    • (ii) established to provide compensation, hospitalization, medical care, annuities, pensions or similar benefits to natural persons; and

  • (c) whose decisions with respect to the assets of the fund referred to in paragraph (b) are not influenced in any significant way by, as the case may be, Her Majesty in right of Canada or of the province or the government of the foreign country or the political subdivision.

332. The Act is amended by adding the following after section 371:

Marginal note:Associates

  • 371.1 (1) Despite section 371, for the purpose of determining ownership of a bank by an eligible agent, where two persons, at least one of whom is an eligible agent, are associated with each other, those persons are deemed to be a single eligible agent who beneficially owns the aggregate number of shares of the bank beneficially owned by them.

  • Marginal note:Associates

    (2) For the purposes of subsection (1), a person is associated with another person if

    • (a) each person is an agent or agency of Her Majesty in right of Canada;

    • (b) each person is an agent or agency of Her Majesty in right of the same province;

    • (c) each person is an agent or agency of a government of the same foreign country or a political subdivision of the same foreign country;

    • (d) one person is Her Majesty in right of Canada and the other person is an agent or agency of Her Majesty in that right;

    • (e) one person is Her Majesty in right of a province and the other person is an agent or agency of Her Majesty in right of that province; or

    • (f) one person is a government of a foreign country or any political subdivision of a foreign country and the other person is its agent or agency.

333. Section 401.2 of the Act is amended by adding the following after subsection (2):

  • Marginal note:Exception

    (3) Despite subsection (1), a bank may, with the Minister’s approval, record in its securities register the issue of any share of the bank to an eligible agent.

  • Marginal note:Ministerial approval

    (4) The Minister, in determining whether to grant the approval referred to in subsection (3), shall take into account all matters that he or she considers relevant, including those set out in paragraphs 396(1)(a) to (h).

334. Section 401.3 of the Act is amended by adding the following after subsection (2):

  • Marginal note:Exception — eligible agent

    (3) Subsection (1) does not apply in respect of the exercise of voting rights attached to any share referred to in subsection 401.2(3).

335. Section 750 of the Act is amended by adding the following after paragraph (f):

  • (f.1) a person who is an officer, director, employee or agent of — or any other person nominated by or acting on behalf of — an eligible agent within the meaning of subsection 370(1);

Marginal note:2001, c. 9, s. 183

336. Section 873 of the Act is replaced by the following:

Marginal note:Sections 370 to 371.1 apply

873. Sections 370 to 371.1 apply in respect of bank holding companies, except that references to “bank” in sections 371 and 371.1 are to be read as references to “bank holding company”.

337. Section 913 of the Act is amended by adding the following after subsection (2):

  • Marginal note:Exception

    (3) Despite subsection (1), a bank holding company may, with the Minister’s approval, record in its securities register the issue of any share of the bank holding company to an eligible agent.

  • Marginal note:Ministerial approval

    (4) The Minister, in determining whether to grant the approval referred to in subsection (3), shall take into account all matters that he or she considers relevant, including those set out in paragraphs 906(1)(a) to (g).

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