Jobs, Growth and Long-term Prosperity Act (S.C. 2012, c. 19)
Full Document:
Assented to 2012-06-29
Marginal note:2010, c. 12, s. 1750(1) and (2)(E)
429. (1) Subsections 10(1) to (3) of the Act are replaced by the following:
Marginal note:Majority of governors
10. (1) The Chairperson, the Vice-chairperson and at least six other governors must be Canadian citizens.
Marginal note:Qualification
(2) At least eight of the governors must have experience in the field of international development or experience or training in the natural or social sciences or technology.
Marginal note:Parliamentary governors
(3) Two of the governors who are Canadian citizens, other than the Chairperson and the Vice-chairperson, may be appointed from among the members of the Senate or the House of Commons.
(2) Subsection 10(4) of the English version of the Act is replaced by the following:
Marginal note:Salary and expenses
(4) A member appointed under subsection (3) shall not be paid remuneration but is eligible for expenses and, if he or she is a member of the House of Commons, is not, by reason of being the holder of the office or place in respect of which those expenses are payable, rendered incapable of being elected, or of sitting or voting, as a member of that House.
Marginal note:2010, c. 12, par. 1753(c)(E)
430. (1) Subsection 11(1) of the Act is replaced by the following:
Marginal note:Executive committee
11. (1) There shall be an executive committee of the Board consisting of the Chairperson, the President and at least three other governors annually elected from the Board by the governors in such a manner that a majority of the members of the committee are Canadian citizens.
(2) Subsection 11(5) of the Act is replaced by the following:
Marginal note:Quorum
(5) Three members of the executive committee, at least two of whom are Canadian citizens, constitute a quorum.
431. Subsection 16(3) of the Act is replaced by the following:
Marginal note:Quorum
(3) Seven governors, at least four of whom are Canadian citizens, constitute a quorum of the Board. However, the proceedings of any meeting of the Board that is attended by more than seven governors are not valid unless a majority of those governors are Canadian citizens.
Division 22R.S., c. L-2Canada Labour Code
Amendments to the Act
Marginal note:1998, c. 26, s. 51(2)
432. (1) Paragraphs 111(e) and (f) of the Canada Labour Code are replaced by the following:
(e) prescribing the form and content of a notice under section 71 and prescribing any additional information and documents that are to be furnished with such a notice;
(f) prescribing the form and content of a notice under section 87.2 and prescribing any additional information and documents that are to be furnished with such a notice;
(2) Paragraph 111(i) of the Act is replaced by the following:
(i) prescribing the form and content of any written request to the Minister under subsection 57(2) or (4) and prescribing any additional information and documents that are to be furnished with such a request;
(3) Section 111 of the Act is amended by striking out “and” at the end of paragraph (k) and by adding the following after paragraph (l):
(m) prescribing the form and manner in which a copy of a collective agreement shall be filed with the Minister under subsection 115(1) and prescribing any additional information and documents that are to be filed with it;
(n) prescribing the information and documents that the Minister shall provide to the parties to a collective agreement after the Minister has received a copy of the collective agreement;
(o) prescribing the circumstances in which, and the conditions under which, the parties to a collective agreement are exempted from filing a copy of the collective agreement with the Minister; and
(p) prescribing the circumstances in which, and the conditions under which, a collective agreement may come into force even if no party has filed a copy of it with the Minister.
433. Section 115 of the Act is replaced by the following:
Marginal note:Collective agreement to be filed
115. (1) Subject to the regulations made under paragraph 111(o), each party to a collective agreement shall, immediately after it is entered into, renewed or revised, file one copy of the collective agreement with the Minister.
Marginal note:Coming into force conditional on filing
(2) Subject to the regulations made under paragraph 111(p), the collective agreement may come into force only if at least one party has filed a copy of it with the Minister.
Marginal note:Coming into force of provisions
(3) Once the copy is filed with the Minister, the provisions of the collective agreement come into force on the day or days on which they would have come into force were it not for the requirement under subsection (2), even if those days precede the day on which it is filed.
434. The Act is amended by adding the following after section 239.1:
Division XIII.2Long-term Disability Plans
Marginal note:Employer’s obligation
239.2 (1) Every employer that provides benefits to its employees under a long-term disability plan must insure the plan with an entity that is licensed to provide insurance under the laws of a province.
Marginal note:Exception
(2) However, an employer may provide those benefits under a long-term disability plan that is not insured, in the circumstances and subject to the conditions provided for in the regulations.
Marginal note:Regulations
239.3 The Governor in Council may make regulations respecting long-term disability plans, including regulations
(a) specifying what constitutes a long-term disability plan; and
(b) specifying the circumstances and conditions referred to in subsection 239.2(2).
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.
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