Jobs, Growth and Long-term Prosperity Act (S.C. 2012, c. 19)
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Assented to 2012-06-29
PART 4VARIOUS MEASURES
R.S., c. R-10Amendments to the Royal Canadian Mounted Police Act
369. The Royal Canadian Mounted Police Act is amended by adding the following after section 45.47:
Integrated Cross-border Law Enforcement Operations Act
Marginal note:Definitions
45.48 The following definitions apply in sections 45.49 to 45.51.
“Central Authority”
« autorité centrale »
“Central Authority” means the Central Authority for Canada, as designated under section 5 of the Integrated Cross-border Law Enforcement Operations Act.
“designated officer”
« agent désigné »
“designated officer” has the same meaning as in section 2 of the Integrated Cross-border Law Enforcement Operations Act.
“integrated cross-border operation”
« opération transfrontalière intégrée »
“integrated cross-border operation” has the same meaning as in section 2 of the Integrated Cross-border Law Enforcement Operations Act.
Marginal note:Complaints by public
45.49 (1) Any member of the public who has a complaint concerning the conduct of a designated officer in the performance of any duty or function in the course of an integrated cross-border operation may, whether or not that member of the public is affected by the subject matter of the complaint, make a complaint to
(a) the Commission;
(b) any member, as defined in subsection 2(1) or other person appointed or employed under the authority of this Act; or
(c) the provincial authority in the province in which the subject matter of the complaint arose that is responsible for the receipt and investigation of complaints by the public against police.
Marginal note:Acknowledgment of complaint
(2) Every complaint under subsection (1) shall be acknowledged in writing.
Marginal note:Notification — Central Authority and Commission
(3) The Central Authority shall be notified of every complaint made under subsection (1), and the Commission shall be notified of every complaint made under paragraph (1)(b) or (c).
Marginal note:Notification — designated officer
(4) On being notified of the complaint, the Central Authority shall notify, in writing, the designated officer whose conduct is the subject matter of the complaint of its substance unless, in the Central Authority’s opinion, to do so might adversely affect or hinder any investigation that is being or may be carried out in respect of the complaint.
Marginal note:Application of certain sections
45.5 (1) Sections 45.36 to 45.47 apply in respect of a complaint made under subsection 45.49(1), with the following modifications:
(a) a reference to the Commissioner is a reference to the Central Authority;
(b) a reference to a member or other person whose conduct is the subject matter of the complaint is a reference to a designated officer whose conduct is the subject matter of the complaint;
(c) a reference to subsection 45.35(1) is a reference to subsection 45.49(1);
(d) a reference, other than in paragraph 45.41(2)(b), to the Force is a reference to the person or persons designated for that purpose by the Central Authority; and
(e) the reference in paragraph 45.41(2)(b) to the Force is a reference to the Central Authority.
Marginal note:Joint investigation
(2) An investigation under paragraph 45.42(3)(c) may be carried out jointly with a body designated by the Commission Chairman.
Marginal note:Reports
(3) Reports referred to in section 45.4 and subsection 45.46(3) shall also be sent to the minister responsible for policing in the province where the conduct that is the subject matter of the complaint took place.
Marginal note:Annual report
45.51 The Commission Chairman shall send the report referred to in section 45.34 to the minister responsible for policing in each province where integrated cross-border operations took place during that year.
370. The Act is amended by adding the following after section 50:
Marginal note:Exception
50.1 Paragraph 50(a) does not apply to a designated officer as defined in section 45.48 who was appointed under subsection 8(1) of the Integrated Cross-border Law Enforcement Operations Act.
Consequential Amendments
R.S., c. C-46Criminal Code
371. The definition “peace officer” in section 2 of the Criminal Code is amended by adding the following after paragraph (c):
(c.1) a designated officer as defined in section 2 of the Integrated Cross-border Law Enforcement Operations Act, when
(i) participating in an integrated cross-border operation, as defined in section 2 of that Act, or
(ii) engaging in an activity incidental to such an operation, including travel for the purpose of participating in the operation and appearances in court arising from the operation;
R.S., c. 1 (2nd Supp.)Customs Act
Marginal note:2001, c. 25, s. 10(2)
372. Paragraphs 11(6)(a) and (b) of the Customs Act are replaced by the following:
(a) holds an authorization issued by the Minister under subsection 11.1(1) to present himself or herself in a prescribed alternative manner and who presents himself or herself in the manner authorized for that person; or
(b) is a member of a prescribed class of persons authorized by regulations made under subsection 11.1(3) to present himself or herself in a prescribed alternative manner and who presents himself or herself in the manner authorized for that class.
Marginal note:2001, c. 25, s. 11
373. Paragraph 11.1(3)(a) of the Act is replaced by the following:
(a) prescribing classes of persons who are, and classes of persons who may be, authorized to present themselves in alternative manners;
Coming into Force
Marginal note:Order in council
374. This Division comes into force on a day to be fixed by order of the Governor in Council.
Division 13R.S., c. B-7Bretton Woods and Related Agreements Act
Marginal note:1998, c. 21, s. 127
375. Section 7 of the Bretton Woods and Related Agreements Act is replaced by the following:
Marginal note:Payment to International Monetary Fund
7. The Minister of Finance may provide for payment out of the Consolidated Revenue Fund to the International Monetary Fund in the manner and at the times provided for by the Agreement set out in Schedule I of a sum or sums of money, not exceeding in the whole an amount equivalent to the subscriptions required from or permitted to be made by Canada, namely, eleven billion, twenty-three million, nine hundred thousand Special Drawing Rights.
Marginal note:1993, c. 34, s. 11
376. Section 13 of the Act is replaced by the following:
Marginal note:Annual report
13. The Minister of Finance shall cause to be laid before Parliament, on or before September 30 next following the end of each calendar year or, if Parliament is not then sitting, on any of the first thirty days next thereafter that either House of Parliament is sitting, a report containing a general summary of operations under this Act and details of all those operations that directly affect Canada, including the resources and lending of the World Bank Group, the funds subscribed or contributed by Canada, borrowings in Canada and procurement of Canadian goods and services.
Division 14R.S., c. C-6Canada Health Act
377. Paragraph (b) of the definition “insured person” in section 2 of the Canada Health Act is repealed.
Division 15R.S., c. C-23Canadian Security Intelligence Service Act
Amendments to the Act
378. The definition “Inspector General” in section 2 of the Canadian Security Intelligence Service Act is repealed.
379. Section 6 of the Act is amended by adding the following after subsection (3):
Marginal note:Periodic reports by Director
(4) The Director shall, in relation to every 12-month period or any lesser period that is specified by the Minister, submit to the Minister, at any times that the Minister specifies, reports with respect to the Service’s operational activities during that period, and shall cause the Review Committee to be given a copy of each such report.
380. The heading before section 30 and sections 30 to 33 of the Act are repealed.
381. (1) Subparagraph 38(a)(i) of the Act is repealed.
(2) Section 38 of the Act is renumbered as subsection 38(1) and is amended by adding the following:
Marginal note:Review Committee’s other functions
(2) As soon as the circumstances permit after receiving a copy of a report referred to in subsection 6(4), the Review Committee shall submit to the Minister a certificate stating the extent to which it is satisfied with the report and whether any of the Service’s operational activities described in the report, in its opinion,
(a) is not authorized by or under this Act or contravenes any directions issued by the Minister under subsection 6(2); or
(b) involves an unreasonable or unnecessary exercise by the Service of any of its powers.
382. Paragraph 39(2)(a) of the Act is replaced by the following:
(a) to have access to any information under the control of the Service that relates to the performance of the duties and functions of the Committee and to receive from the Director and employees such information, reports and explanations as the Committee deems necessary for the performance of its duties and functions; and
383. (1) Paragraphs 40(a) and (b) of the Act are replaced by the following:
(a) direct the Service to conduct a review of the Service’s specific activities and provide the Committee with a report on the review; or
(b) if it considers that a review by the Service would be inappropriate, conduct such a review itself.
(2) Section 40 of the Act is renumbered as subsection 40(1) and is amended by adding the following:
Marginal note:Report of findings
(2) On completion of a review conducted under subsection (1), the Review Committee shall provide the Minister and the Director with the following:
(a) in the case of a review conducted by the Service, the Service’s report to the Committee along with any recommendations that the Committee considers appropriate; and
(b) in the case of a review conducted by the Committee, its own report, which is to contain the findings of the review and any recommendations that the Committee considers appropriate.
384. Section 54 of the Act is replaced by the following:
Marginal note:Minister’s briefings
54. (1) At least once a year, and at any other time at the Minister’s request, the Review Committee, or a person engaged by it and designated by it for the purposes of this section, shall meet the Minister and brief him or her on any matter that relates to the performance by the Service of its duties and functions.
Marginal note:Special reports
(2) The Review Committee may, on request by the Minister or at any other time, furnish the Minister with a special report concerning any matter that relates to the performance of its duties and functions.
Consequential Amendments
R.S., c. A-1Access to Information Act
Marginal note:SOR/86-137, s.1(1)
385. Schedule I to the Access to Information Act is amended by striking out the following under the heading “OTHER GOVERNMENT INSTITUTIONS”:
Office of the Inspector General of the Canadian Security Intelligence Service
Bureau de l’Inspecteur général du service canadien du renseignement de sécurité
R.S., c. O-5; 2001, c. 41, s. 25Security of Information Act
Marginal note:2001, c. 41, s. 30
386. The schedule to the Security of Information Act is amended by striking out the following:
Office of the Inspector General of the Canadian Security Intelligence Service
Bureau de l’Inspecteur général du Service canadien du renseignement de sécurité
R.S., c. P-21Privacy Act
Marginal note:SOR/86-136, s. 1(1)
387. The schedule to the Privacy Act is amended by striking out the following under the heading “OTHER GOVERNMENT INSTITUTIONS”:
Office of the Inspector General of the Canadian Security Intelligence Service
Bureau de l’Inspecteur général du service canadien du renseignement de sécurité
Division 16R.S., c. C-52Currency Act
388. Subsection 8(4) of the Currency Act is repealed.
Marginal note:R.S., c. 35 (3rd Supp.), s. 19; 1999, c. 4, s. 13(F)
389. Section 9 of the Act is replaced by the following:
Marginal note:Calling in of coins
9. (1) The Governor in Council may, by order, call in coins of any date and denomination.
Marginal note:Effect of call in
(2) A coin that has been called in is not current.
Marginal note:Redemption of coins
9.01 (1) The Governor in Council may make regulations for the redemption by the Minister of coins of the currency of Canada that are or that have at any time been current in Canada.
Marginal note:Payments for redemption of coins
(2) Payments for the redemption of coins, including related costs, shall be made out of the Consolidated Revenue Fund on the authorization of the Minister.
Division 17R.S., c. F-8; 1995, c. 17, s. 45(1)Federal-Provincial Fiscal Arrangements Act
Amendments to the Act
390. Section 3.12 of the Federal-Provincial Fiscal Arrangements Act is amended by adding the following after subsection (2):
Marginal note:Additional fiscal equalization payment — 2012-2013 fiscal year
(3) An additional fiscal equalization payment may be paid for the fiscal year beginning on April 1, 2012 equal to,
(a) for Quebec, $362,127,000;
(b) for Nova Scotia, $13,471,000;
(c) for New Brunswick, $102,767,000; and
(d) for Manitoba, $201,295,000.
Marginal note:1991, c. 51. s. 4; 1995, c. 17, s. 48, ss. 49(1), (3) and (4) and ss. 50 and 51; 1999, c. 26, s. 3(1), ss. 4 to 8 and 9(F), c. 31, ss. 238(1)(F), (2), (3)(F) and (4); 2000, c. 14, ss. 13 to 15, c. 35, s. 5(1) and s. 6; 2003, c. 15, ss. 3.1 to 5, 6(F) and 7; 2004, c. 4, ss. 3 to 7; 2005, c. 7, s. 3, c. 35, subpar. 67(c)(i) to (iii)
391. Part V of the Act is repealed.
Marginal note:2005, c. 30, s. 29
392. The heading “CANADA HEALTH TRANSFER, CANADA SOCIAL TRANSFER, HEALTH REFORM TRANSFER, WAIT TIMES REDUCTION TRANSFER AND EARLY LEARNING AND CHILD CARE TRANSFER” of Part V.1 of the Act is replaced by the following:
CANADA HEALTH TRANSFER, CANADA SOCIAL TRANSFER AND WAIT TIMES REDUCTION TRANSFER
Marginal note:2005, c. 11, s. 3(1)
393. Paragraph 24.1(1)(a) of the Act is amended by striking out “and” at the end of subparagraph (iii) and by replacing subparagraph (iv) with the following:
(iv) the product obtained by multiplying the cash contribution for the immediately preceding year by 1.06, rounded to the nearest thousand, for each fiscal year in the period beginning on April 1, 2006 and ending on March 31, 2017, and
(v) for each fiscal year beginning after March 31, 2017, the product, rounded to the nearest thousand, obtained by multiplying the cash contribution for the immediately preceding fiscal year by the greater of 1.03, and
(1 + A)
where
- A
- is the average of the annual rates of growth of the nominal gross domestic product of Canada, as determined by the Minister, for the calendar year that ends during the fiscal year in question and for the two previous calendar years; and
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