Jobs, Growth and Long-term Prosperity Act (S.C. 2012, c. 19)
Full Document:
Assented to 2012-06-29
Marginal note:2003, c. 15, s. 8
402. (1) The portion of subsection 25.1(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Criteria for eligibility — Canada Social Transfer
25.1 In order that a province may qualify for a full cash contribution under sections 24.5 and 24.51 for a fiscal year, the laws of the province must not
Marginal note:2003, c.15, s. 8
(2) Subsection 25.1(2) of the Act is repealed.
Marginal note:2003, c.15, s. 8
403. Paragraphs 25.3(1)(a) and (b) of the Act are replaced by the following:
(a) direct that any cash contribution under section 24.5 or 24.51 to that province for a fiscal year be reduced, in respect of each non-compliance, by an amount that the Governor in Council considers to be appropriate, having regard to the gravity of the non-compliance; or
(b) if the Governor in Council considers it appropriate, direct that the whole of any cash contribution under section 24.5 or 24.51 to that province for a fiscal year be withheld.
Marginal note:2003, c.15, s. 8
404. Section 25.7 of the Act is replaced by the following:
Marginal note:References in other Acts
25.7 Every reference to “Canada Health and Social Transfer” in any other Act of Parliament is to be read as a reference to “Canada Health Transfer and the Canada Social Transfer”.
Marginal note:1995, c. 17, s. 55
405. Sections 28 to 30 of the Act are replaced by the following:
Marginal note:Recovery
28. The amount of additional tax abatement applicable in respect of a province in a fiscal year, as determined by the Minister under section 27, must be recovered out of any moneys payable to the province under this Act or as a debt due to the Government of Canada by the province.
Marginal note:Over-recovery
29. If the Minister determines that he or she has over-recovered any amount recoverable from a province under this Part, he or she must, within the prescribed time and in the prescribed manner, pay that province an amount equal to the over-recovery.
Marginal note:Under-recovery
29.1 If the Minister determines that he or she has under-recovered any amount recoverable from a province under this Part, he or she must recover an amount equal to the under-recovery either
(a) within the prescribed time and in the prescribed manner, from any amount payable under this Act to that province, or
(b) from that province as a debt due to Her Majesty in right of Canada.
Marginal note:Payment out of C.R.F.
30. The amounts authorized under this Part to be paid by the Minister must be paid out of the Consolidated Revenue Fund at such times and in such manner as may be prescribed.
Marginal note:2009, c. 2, s. 391
406. Paragraph 40(a.1) of the Act is replaced by the following:
(a.1) respecting the information that must be prepared and submitted by the Chief Statistician of Canada for the purposes of Parts I, I.1 and V.1;
R.S., c. C-6Consequential Amendments to the Canada Health Act
Marginal note:1999, c. 26, s. 11
407. The definition “cash contribution” in section 2 of the Canada Health Act is replaced by the following:
“cash contribution”
« contribution pécuniaire »
“cash contribution” means the cash contribution in respect of the Canada Health Transfer that may be provided to a province under sections 24.2 and 24.21 of the Federal-Provincial Fiscal Arrangements Act;
Marginal note:1995, c. 17, s. 36
408. Section 5 of the Act is replaced by the following:
Marginal note:Cash contribution
5. Subject to this Act, as part of the Canada Health Transfer, a full cash contribution is payable by Canada to each province for each fiscal year.
Marginal note:1995, c. 17, s. 37
409. Paragraph 13(b) of the English version of the Act is replaced by the following:
(b) shall give recognition to the Canada Health Transfer in any public documents, or in any advertising or promotional material, relating to insured health services and extended health care services in the province.
Marginal note:1995, c. 17, s. 40(1)
410. Paragraph 22(1)(d) of the English version of the Act is replaced by the following:
(d) prescribing the manner in which recognition to the Canada Health Transfer is required to be given under paragraph 13(b).
Division 18R.S., c. F-14Fisheries Act
411. The Fisheries Act is amended by adding the following after section 9:
FISH ALLOCATION FOR FINANCING PURPOSES
Marginal note:Allocation of fish
10. (1) For the proper management and control of fisheries and the conservation and protection of fish, the Minister may determine a quantity of fish or of fishing gear and equipment that may be allocated for the purpose of financing scientific and fisheries management activities that are described in a joint project agreement entered into with any person or body, or any federal or provincial minister, department or agency.
Marginal note:Quantity in licence
(2) The Minister may specify, in a licence issued under this Act, a quantity of fish or of fishing gear and equipment allocated for the purpose of financing those activities.
Division 19R.S., c. F-27Food and Drugs Act
Amendments to the Act
Marginal note:2005, c. 42, s.1
412. Subsection 4(2) of the Food and Drugs Act is replaced by the following:
Marginal note:Exemption
(2) A food does not have a poisonous or harmful substance in or on it for the purposes of paragraph (1)(a) — or is not adulterated for the purposes of paragraph (1)(d) — by reason only that it has in or on it a pest control product as defined in subsection 2(1) of the Pest Control Products Act, or any of its components or derivatives, if the amount of the pest control product or the components or derivatives in or on the food being sold does not exceed the maximum residue limit specified under section 9 or 10 of that Act.
413. The Act is amended by adding the following after section 29:
Power of the Minister
Marginal note:List
29.1 (1) Subject to the regulations, the Minister may establish a list that sets out prescription drugs, classes of prescription drugs or both.
Marginal note:Statutory Instruments Act
(2) The list is not a regulation within the meaning of the Statutory Instruments Act.
Incorporation by Reference
Marginal note:Incorporation by reference
29.2 (1) A regulation made under this Act may incorporate by reference the list established under subsection 29.1(1), either as it exists on a particular date or as it is amended from time to time.
Marginal note:Accessibility of incorporated list
(2) The Minister shall ensure that the list that is incorporated by reference in the regulation is accessible.
Marginal note:Defence
(3) A person is not liable to be found guilty of an offence for any contravention in respect of which the list that is incorporated by reference in the regulation is relevant unless, at the time of the alleged contravention, the list was accessible as required by subsection (2) or it was otherwise accessible to the person.
414. (1) Subsection 30(1) of the Act is amended by adding the following after paragraph (h):
(h.1) respecting the establishment by the Minister of the list referred to in subsection 29.1(1), including amendments to it;
Marginal note:2005, c. 42, s. 2
(2) Paragraph 30(1)(r) of the Act is replaced by the following:
(r) respecting marketing authorizations, including establishing the eligibility criteria for submitting an application for such authorizations or for amending such authorizations.
415. Section 30 of the Act is amended by adding the following after subsection (1):
Marginal note:Classes
(1.1) A regulation made under this Act may establish classes and distinguish among those classes.
Marginal note:2005, c. 42, s. 3.
416. Section 30.2 of the Act and the heading before it are replaced by the following:
Marketing Authorizations
Marginal note:Marketing authorization — representation
30.2 (1) Subject to regulations made under paragraph 30(1)(r), the Minister may issue a marketing authorization that exempts — if the conditions, if any, to which the marketing authorization is subject are met — an advertisement, or a representation on a label, with respect to a food from the application, in whole or in part, of subsection 3(1) or (2) or any provision of the regulations specified in the marketing authorization.
Marginal note:Condition
(2) The marketing authorization may be subject to any condition that the Minister considers appropriate.
Marginal note:Marketing authorization — food
30.3 (1) Subject to regulations made under paragraph 30(1)(r), the Minister may issue a marketing authorization that exempts — if the conditions to which the marketing authorization is subject are met — a food from the application, in whole or in part, of paragraph 4(1)(a) or (d) or section 6 or 6.1 or any provision of the regulations specified in the marketing authorization.
Marginal note:Condition — amount
(2) The marketing authorization may be subject to any condition relating to the amount of any substance that may or must be in or on the food, including
(a) the maximum residue limit of an agricultural chemical and its components or derivatives, singly or in any combination;
(b) the maximum residue limit of a veterinary drug and its metabolites, singly or in any combination;
(c) the maximum level of use for a food additive; and
(d) the minimum or maximum level, or both, of a vitamin, a mineral nutrient or an amino acid.
Marginal note:Other conditions
(3) The marketing authorization may be subject to any other condition that the Minister considers appropriate.
Marginal note:Classes
30.4 A marketing authorization may establish classes and distinguish among those classes.
Incorporation by Reference
Marginal note:Incorporation by reference
30.5 (1) A regulation made under this Act with respect to a food and a marketing authorization may incorporate by reference any document, regardless of its source, either as it exists on a particular date or as it is amended from time to time.
Marginal note:Accessibility of incorporated documents
(2) The Minister shall ensure that any document that is incorporated by reference in the regulation or marketing authorization is accessible.
Marginal note:Defence
(3) A person is not liable to be found guilty of an offence for any contravention in respect of which a document that is incorporated by reference in the regulation or marketing authorization is relevant unless, at the time of the alleged contravention, the document was accessible as required by subsection (2) or it was otherwise accessible to the person.
Marginal note:No registration or publication
(4) For greater certainty, a document that is incorporated by reference in the regulation or marketing authorization is not required to be transmitted for registration or published in the Canada Gazette by reason only that it is incorporated by reference.
Marginal note:Existing power not limited
30.6 For greater certainty, an express power in this Act to incorporate a document by reference does not limit the power that otherwise exists to incorporate a document by reference in a regulation made under this Act.
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