Transitional Provisions

Definition of “Round Table”

579. For the purpose of sections 580 to 585, “Round Table” means the National Round Table on the Environment and the Economy established by section 3 of the National Round Table on the Environment and the Economy Act.

Marginal note:Appointments terminated

• 580. (1) Members of the Round Table appointed under subsection 6(1) or (2) of the National Round Table on the Environment and the Economy Act cease to hold office on the coming into force of this subsection.

• Marginal note:No compensation

  (2) Despite the provisions of any contract, agreement or order, no person appointed to hold office as a member of the Round Table has any right to claim or receive any compensation, damages, indemnity or other form of relief from Her Majesty in right of Canada or from any employee or agent of Her Majesty for ceasing to hold that office or for the abolition of that office by the operation of this Division.

Marginal note:References

581. Every reference to the Round Table in a deed, contract, agreement or other document executed by the Round Table in its own name is to be read as a reference to Her Majesty in right of Canada, unless the context requires otherwise.

Marginal note:Surplus

582. Any surplus that remains after the satisfaction of the debts and liabilities of the Round Table on the day on which section 593 comes into force belongs to Her Majesty in right of Canada.

Marginal note:Unsatisfied debts and liabilities

583. Any debts and liabilities of the Round Table that remain unsatisfied on the day on which section 593 comes into force become the debts and liabilities of Her Majesty in right of Canada.

Marginal note:Commencement of legal proceedings

584. Any action, suit or other legal proceeding in respect of an obligation or liability incurred by the Round Table may be brought against Her Majesty in right of Canada in any court that would have had jurisdiction if the action, suit or other legal proceeding had been brought against the Round Table.

Marginal note:Continuation of legal proceedings

585. Any action, suit or other legal proceeding to which the Round Table is a party that is pending in any court immediately before the day on which section 593 comes into force may be continued by or against Her Majesty in right of Canada in like manner and to the same extent as it could have been continued by or against the Round Table.

Consequential Amendments

R.S., c. A-1Access to Information Act

Marginal note:1993, c. 31, s. 24

586. Schedule I to the Access to Information Act is amended by striking out the following under the heading “OTHER GOVERNMENT INSTITUTIONS”:

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

Marginal note:1993, c. 31, s. 25

587. Schedule II to the Financial Administration Act is amended by striking out the following:

Marginal note:2003, c. 22, s. 11

588. Schedule V to the Act is amended by striking out the following:

Marginal note:2006, c. 9, s. 270

589. Part III of Schedule VI to the Act is amended by striking out, in column I, the reference to

and the corresponding reference in column II to “President”.

R.S., c. P-21Privacy Act

Marginal note:1993, c. 31, s. 26

590. The schedule to the Privacy Act is amended by striking out the following under the heading “OTHER GOVERNMENT INSTITUTIONS”:

R.S., c. P-36Public Service Superannuation Act

Marginal note:1993, c. 31, s. 27

591. Part I of Schedule I to the Public Service Superannuation Act is amended by striking out the following:

1991, c. 30Public Sector Compensation Act

592. Schedule I to the Public Sector Compensation Act is amended by striking out the following under the heading “OTHER PORTIONS OF THE PUBLIC SERVICE”:

Repeal

Marginal note:Repeal

593. The National Round Table on the Environment and the Economy Act, chapter 31 of the Statutes of Canada, 1993, is repealed.

Coming into Force

Marginal note:Order in council

594. Sections 579 to 593 come into force on a day to be fixed by order of the Governor in Council.

Division 411993, c. 38Telecommunications Act

Amendments to the Act

Marginal note:2010, c. 12, s. 2184(1)

• 595. (1) Subsections 16(1) to (3) of the Telecommunications Act are replaced by the following:

  Marginal note:Definitions

  • 16. (1) The following definitions apply in this section.

    “entity”

    « entité »

    “entity” means a corporation, partnership, trust or joint venture.

    “joint venture”

    « coentreprise »

    “joint venture” means an association of two or more entities, if the relationship among those associated entities does not, under the laws in Canada, constitute a corporation, a partnership or a trust and if all the undivided ownership interests in the assets of the Canadian carrier or in the voting interests of the Canadian carrier are or will be owned by all the entities that are so associated.

    “voting interest”

    « intérêt avec droit de vote »

    “voting interest”, with respect to

    • (a) a corporation with share capital, means a voting share;

    • (b) a corporation without share capital, means an ownership interest in the assets of the corporation that entitles the owner to rights similar to those enjoyed by the owner of a voting share; and

    • (c) a partnership, trust or joint venture, means an ownership interest in the assets of the partnership, trust or joint venture that entitles the owner to receive a share of the profits and to share in the assets on dissolution.

  • Marginal note:Eligibility

    (2) A Canadian carrier is eligible to operate as a telecommunications common carrier if

    • (a) it is an entity incorporated, organized or continued under the laws of Canada or a province and is Canadian-owned and controlled;

    • (b) it owns or operates only a transmission facility that is referred to in subsection (5); or

    • (c) it has annual revenues from the provision of telecommunications services in Canada that represent less than 10% of the total annual revenues, as determined by the Commission, from the provision of telecommunications services in Canada.

  • Marginal note:Canadian ownership and control

    (3) For the purposes of paragraph (2)(a), an entity is Canadian-owned and controlled if

    • (a) in the case of a corporation, not less than 80% of the members of the board of directors are individual Canadians;

    • (b) Canadians beneficially own, directly or indirectly, in the aggregate and otherwise than by way of security only, not less than 80% of the entity’s voting interests; and

    • (c) the entity is not otherwise controlled by persons that are not Canadians.

• (2) Subsection 16(4) of the French version of the Act is replaced by the following:

  • Marginal note:Interdiction

    (4) Il est interdit à l’entreprise canadienne d’agir comme entreprise de télécommunication si elle n’y est pas admise aux termes du présent article.

• Marginal note:2010, c. 12, s. 2184(2)

  (3) The portion of subsection 16(5) of the Act before paragraph (a) is replaced by the following:

  • Marginal note:Exemption

    (5) Paragraph (2)(a) and subsection (4) do not apply in respect of the ownership or operation of

• (4) Section 16 of the Act is amended by adding the following after subsection (5):

  • Marginal note:Exception

    (6) A Canadian carrier that is eligible to operate under paragraph (2)(c) remains eligible to operate even if it has annual revenues from the provision of telecommunications services in Canada that represent 10% or more of the total annual revenues from the provision of telecommunications services in Canada as long as the increase in its annual revenues from the provision of telecommunications services in Canada to 10% or more of the total annual revenues from the provision of telecommunications services in Canada did not result from the acquisition of control of another Canadian carrier or from the acquisition of assets used by another Canadian carrier to provide telecommunications services.

  • Marginal note:Acquisition

    (7) A Canadian carrier to which subsection (6) applies is not authorized to acquire control of a Canadian carrier or acquire assets used by another Canadian carrier to provide telecommunications services.

  • Marginal note:Notice

    (8) A Canadian carrier that is eligible to operate under paragraph (2)(c) shall notify the Commission when it acquires control of another Canadian carrier or acquires assets used by another Canadian carrier to provide telecommunications services.

  • Marginal note:Affiliates

    (9) For the purposes of determining annual revenues from the provision of telecommunications services in Canada under this section, the annual revenues of a Canadian carrier include the annual revenues from the provision of telecommunications services in Canada of its affiliates as defined in subsection 35(3).

596. Section 41.2 of the Act is amended by striking out “and” at the end of paragraph (a), by adding “and” at the end of paragraph (b) and by adding the following after that paragraph:

597. The Act is amended by adding the following after section 41.2:

Marginal note:2005, c. 50, s. 1

598. Subsection 41.3(1) of the Act is replaced by the following:

Marginal note:2005, c. 50, s. 1

599. Subsection 41.4(2) of the Act is repealed.

600. The Act is amended by adding the following after section 41.4:

Coordinating Amendments

Marginal note:2010, c. 23

• 601. (1) In this section, “other Act” means An Act to promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance on electronic means of carrying out commercial activities, and to amend the Canadian Radio-television and Telecommunications Commission Act, the Competition Act, the Personal Information Protection and Electronic Documents Act and the Telecommunications Act, chapter 23 of the Statutes of Canada, 2010.

• (2) If section 90 of the other Act comes into force before section 596 of this Act, then sections 596 to 600 of this Act are repealed.

• (3) If section 90 of the other Act comes into force on the same day as section 596 of this Act, then sections 596 to 600 of this Act are deemed to have come into force before that section 90.

Division 421995, c. 44Employment Equity Act

602. Subsection 42(2) of the Employment Equity Act is replaced by the following:

Division 431996, c. 23Employment Insurance Act

Amendments to the Act

Marginal note:2001, c. 5, s. 3(1)

• 603. (1) Paragraphs 4(2)(a) and (b) of the Employment Insurance Act are replaced by the following:

  • (a) the average for the 12-month period ending on April 30 in the preceding year of the Average Weekly Earnings for each month in that period

  by

  • (b) the ratio that the average for the 12-month period ending on April 30 in that preceding year of the Average Weekly Earnings for each month in that 12-month period bears to the average for the 12-month period ending 12 months prior to April 30 of that preceding year of the Average Weekly Earnings for each month in that 12-month period ending 12 months prior to April 30 of that preceding year.

• Marginal note:2001, c. 5, s. 3(1)

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

  • Marginal note:Subsequent years

    (3) For years subsequent to the year in which the maximum yearly insurable earnings exceeds $39,000, before rounding down under subsection (4), the maximum yearly insurable earnings is the maximum yearly insurable earnings for the preceding year, before rounding down under that subsection, multiplied by the ratio that the average for the 12-month period ending on April 30 in that preceding year of the Average Weekly Earnings for each month in that 12-month period bears to the average for the 12-month period ending 12 months prior to April 30 of that preceding year of the Average Weekly Earnings for each month in that 12-month period ending 12 months prior to April 30 of that preceding year.