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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 22R.S., c. L-2Canada Labour Code

Amendments to the Act

435. Subsection 249(2) of the Act is amended by adding the following after paragraph (c):

  • (c.1) require any employer that provides benefits to its employees under a long-term disability plan that must be insured in accordance with subsection 239.2(1) to furnish proof that the plan is insured in accordance with that subsection;

Marginal note:R.S., c. 9 (1st Supp.), s. 19(1)

  • 436. (1) The portion of subsection 256(1) of the Act before paragraph (b) is replaced by the following:

    Marginal note:Offences and punishment

    • 256. (1) Every person is guilty of an offence who

      • (a) contravenes any provision of this Part or the regulations, other than a provision of Division IX, subsection 239.1(2), 239.2(1) or 252(2) or any regulation made under section 227 or paragraph 264(a),

  • Marginal note:R.S., c. 9 (1st Supp.), s. 19(1)

    (2) The portion of subsection 256(1) of the English version of the Act after paragraph (c) is repealed.

  • (3) Subsection 256(2) of the Act is replaced by the following:

    • Marginal note:Punishment

      (1.1) Every person who is guilty of an offence under subsection (1) is liable on summary conviction

      • (a) in the case of an employer that is a corporation,

        • (i) for a first offence, to a fine of not more than $50,000,

        • (ii) for a second offence, to a fine of not more than $100,000, and

        • (iii) for each subsequent offence, to a fine of not more than $250,000; and

      • (b) in all other cases,

        • (i) for a first offence, to a fine of not more than $10,000,

        • (ii) for a second offence, to a fine of not more than $20,000, and

        • (iii) for each subsequent offence, to a fine of not more than $50,000.

    • Marginal note:Second or subsequent offence

      (1.2) For the purposes of subsection (1.1), in determining whether a person convicted of an offence has committed a second or subsequent offence, an earlier offence may be taken into account only if the person was convicted of the earlier offence within the five-year period immediately before the day on which the person is convicted of the offence for which sentence is being imposed.

    • Marginal note:Offences — employers

      (2) Every employer that contravenes any provision of Division IX, subsection 239.1(2) or 239.2(1) or any regulation made under section 227 is guilty of an offence punishable on summary conviction and liable to a fine of not more than $250,000.

  • Marginal note:R.S., c. 9 (1st Supp.), s. 19(2)

    (4) The portion of subsection 256(3) of the French version of the Act before paragraph (a) is replaced by the following:

    • Marginal note:Autre infraction

      (3) Commet une infraction et encourt, sur déclaration de culpabilité par procédure sommaire, une amende maximale de mille dollars pour chacun des jours au cours desquels se continue l’infraction l’employeur qui :

  • (5) Paragraph 256(3)(a) of the Act is replaced by the following:

    • (a) fails to keep any record that by subsection 252(2) or any regulation made under paragraph 264(a) the employer is required to keep, or

  • Marginal note:R.S., c. 9 (1st Supp.), s. 19(2)

    (6) The portion of subsection 256(3) of the English version of the Act after paragraph (b) is replaced by the following:

    is guilty of an offence and liable on summary conviction to a fine of not more than $1,000 for each day during which the refusal or failure continues.

Marginal note:R.S., c. 9 (1st Supp.), s. 20

437. Section 259 of the Act is replaced by the following:

Marginal note:Failure to comply with order

259. An employer that fails to comply with an order of a convicting court made under section 258 is guilty of an offence punishable on summary conviction and liable to a fine of not more than $1,000 for each day during which the failure continues.

Transitional Provisions

Marginal note:Existing claims

438. If, before the coming into force of section 239.2 of the Canada Labour Code, as enacted by section 434, an employer provides benefits to its employees under a long-term disability plan that is not insured with an entity that is licensed to provide insurance under the laws of a province and either benefits are being paid to one of those employees under that plan or an application for the payment of benefits under that plan has been submitted by one of those employees, that employer, on the coming into force of that section 239.2, is not required to insure that plan in accordance with that section 239.2 and may continue to provide benefits under that plan but only to the employee who is being paid benefits or to the employee who submitted an application for the payment of benefits.

Marginal note:Limitation — second or subsequent offences

439. Despite subsection 256(1.2) of the Canada Labour Code, as enacted by section 436, in determining whether a person has committed a second or subsequent offence for the purposes of subsection 256(1.1) of that Act as enacted by that section, an earlier offence may be taken into account only if the person is convicted of the earlier offence on or after the day on which that section comes into force.

Coming into Force

Marginal note:Sections 432 and 433

  • 440. (1) Sections 432 and 433 come into force on a day to be fixed by order of the Governor in Council.

  • Marginal note:Sections 434 to 439

    (2) Sections 434 to 439 come into force on a day to be fixed by order of the Governor in Council.

Division 23R.S., c. L-4Fair Wages and Hours of Labour Act

Repeal

Marginal note:Repeal of R.S., c. L-4

441. The Fair Wages and Hours of Labour Act is repealed.

Transitional Provision

Marginal note:Rights and obligations not affected

442. The repeal of the Fair Wages and Hours of Labour Act does not affect any rights or obligations acquired or incurred under a contract or agreement to which that Act applied.

1958, c. 23Consequential Amendment to the Campobello-Lubec Bridge Act

443. Section 6 of the Campobello-Lubec Bridge Act is repealed.

Coming into Force

Marginal note:Order in council

444. This Division comes into force on a day to be fixed by order of the Governor in Council.

Division 24R.S., c. O-9Old Age Security Act

Amendments to the Act

445. The heading before section 2 of the French version of the Old Age Security Act is replaced by the following:

DÉFINITIONS ET INTERPRÉTATION

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

Marginal note:Amount of full pension

  • 2.1 (1) In this Act, a reference to the amount of a full monthly pension means the amount of a full monthly pension that has not been increased under subsection 7.1(1) or (2).

  • Marginal note:Monthly pension

    (2) The terms “pensioner’s monthly pension” in subsections 12(5) and 22(2) and “pension” in subsection 12(5.1) mean, respectively, a pensioner’s monthly pension and a pension that have not been increased under subsection 7.1(1) or (2).

447. The Act is amended by adding the following before the heading “Part I”:

Marginal note:References to “sixty years”

  • 2.2 (1) In this Act, a reference to the age of “sixty years” or “60 years” is to be read for the applicable period set out in column 1 of the table to this subsection as a reference to the corresponding age in column 2.

    TABLE

    Column 1Column 2
    PeriodAge
    From April 1, 2023 to June 30, 202360 years and one month
    From July 1, 2023 to September 30, 202360 years and two months
    From October 1, 2023 to December 31, 202360 years and three months
    From January 1, 2024 to March 31, 202460 years and four months
    From April 1, 2024 to June 30, 202460 years and five months
    From July 1, 2024 to September 30, 202460 years and six months
    From October 1, 2024 to December 31, 202460 years and seven months
    From January 1, 2025 to March 31, 202560 years and eight months
    From April 1, 2025 to June 30, 202560 years and nine months
    From July 1, 2025 to September 30, 202560 years and 10 months
    From October 1, 2025 to December 31, 202560 years and 11 months
    From January 1, 2026 to March 31, 202661 years
    From April 1, 2026 to June 30, 202661 years and one month
    From July 1, 2026 to September 30, 202661 years and two months
    From October 1, 2026 to December 31, 202661 years and three months
    From January 1, 2027 to March 31, 202761 years and four months
    From April 1, 2027 to June 30, 202761 years and five months
    From July 1, 2027 to September 30, 202761 years and six months
    From October 1, 2027 to December 31, 202761 years and seven months
    From January 1, 2028 to March 31, 202861 years and eight months
    From April 1, 2028 to June 30, 202861 years and nine months
    From July 1, 2028 to September 30, 202861 years and 10 months
    From October 1, 2028 to December 31, 202861 years and 11 months
    After December 31, 202862 years
  • Marginal note:References to “sixty-five years”

    (2) In this Act, a reference to the age of “sixty-five years” or “65 years” is to be read for the applicable period set out in column 1 of the table to this subsection as a reference to the corresponding age in column 2.

    TABLE

    Column 1Column 2
    PeriodAge
    From April 1, 2023 to June 30, 202365 years and one month
    From July 1, 2023 to September 30, 202365 years and two months
    From October 1, 2023 to December 31, 202365 years and three months
    From January 1, 2024 to March 31, 202465 years and four months
    From April 1, 2024 to June 30, 202465 years and five months
    From July 1, 2024 to September 30, 202465 years and six months
    From October 1, 2024 to December 31, 202465 years and seven months
    From January 1, 2025 to March 31, 202565 years and eight months
    From April 1, 2025 to June 30, 202565 years and nine months
    From July 1, 2025 to September 30, 202565 years and 10 months
    From October 1, 2025 to December 31, 202565 years and 11 months
    From January 1, 2026 to March 31, 202666 years
    From April 1, 2026 to June 30, 202666 years and one month
    From July 1, 2026 to September 30, 202666 years and two months
    From October 1, 2026 to December 31, 202666 years and three months
    From January 1, 2027 to March 31, 202766 years and four months
    From April 1, 2027 to June 30, 202766 years and five months
    From July 1, 2027 to September 30, 202766 years and six months
    From October 1, 2027 to December 31, 202766 years and seven months
    From January 1, 2028 to March 31, 202866 years and eight months
    From April 1, 2028 to June 30, 202866 years and nine months
    From July 1, 2028 to September 30, 202866 years and 10 months
    From October 1, 2028 to December 31, 202866 years and 11 months
    After December 31, 202867 years
  • Marginal note:References to “seventy years”

    (3) In this Act, a reference to the age of “seventy years” or “70 years” is to be read for the applicable period set out in column 1 of the table to this subsection as a reference to the corresponding age in column 2.

    TABLE

    Column 1Column 2
    PeriodAge
    From April 1, 2028 to June 30, 202870 years and one month
    From July 1, 2028 to September 30, 202870 years and two months
    From October 1, 2028 to December 31, 202870 years and three months
    From January 1, 2029 to March 31, 202970 years and four months
    From April 1, 2029 to June 30, 202970 years and five months
    From July 1, 2029 to September 30, 202970 years and six months
    From October 1, 2029 to December 31, 202970 years and seven months
    From January 1, 2030 to March 31, 203070 years and eight months
    From April 1, 2030 to June 30, 203070 years and nine months
    From July 1, 2030 to September 30, 203070 years and 10 months
    From October 1, 2030 to December 31, 203070 years and 11 months
    From January 1, 2031 to March 31, 203171 years
    From April 1, 2031 to June 30, 203171 years and one month
    From July 1, 2031 to September 30, 203171 years and two months
    From October 1, 2031 to December 31, 203171 years and three months
    From January 1, 2032 to March 31, 203271 years and four months
    From April 1, 2032 to June 30, 203271 years and five months
    From July 1, 2032 to September 30, 203271 years and six months
    From October 1, 2032 to December 31, 203271 years and seven months
    From January 1, 2033 to March 31, 203371 years and eight months
    From April 1, 2033 to June 30, 203371 years and nine months
    From July 1, 2033 to September 30, 203371 years and 10 months
    From October 1, 2033 to December 31, 203371 years and 11 months
    After December 31, 203372 years

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