Jobs and Growth Act, 2012 (S.C. 2012, c. 31)
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Assented to 2012-12-14
PART 4VARIOUS MEASURES
Division 13R.S., c. 24 (3rd Supp.), Part IIIHazardous Materials Information Review Act
Transitional Provisions
Marginal note:Rights and obligations transferred
289. All rights and property held by or in the name of or in trust for the Commission and all obligations and liabilities of the Commission are deemed to be rights, property, obligations and liabilities of Her Majesty in right of Canada.
Consequential Amendments
R.S., c. A-1Access to Information Act
Marginal note:R.S., c. 24 (3rd Supp.), s. 52
290. Schedule I to the Access to Information Act is amended by striking out the following under the heading “OTHER GOVERNMENT INSTITUTIONS”:
Hazardous Materials Information Review Commission
Conseil de contrôle des renseignements relatifs aux matières dangereuses
R.S., c. F-11Financial Administration Act
Marginal note:1992, c. 1, s. 72; 1996, c. 8, s. 23
291. Schedule I.1 to the Financial Administration Act is amended by striking out, in column I, the reference to
Hazardous Materials Information Review Commission
Conseil de contrôle des renseignements relatifs aux matières dangereuses
and the corresponding reference in column II to “Minister of Health”.
Marginal note:2003, c. 22, s. 11
292. Schedule IV to the Act is amended by striking out the following:
Hazardous Materials Information Review Commission
Conseil de contrôle des renseignements relatifs aux matières dangereuses
Marginal note:2006, c. 9, s. 270
293. Part III of Schedule VI to the Act is amended by striking out, in column I, the reference to
Hazardous Materials Information Review Commission
Conseil de contrôle des renseignements relatifs aux matières dangereuses
and the corresponding reference in column II to “President”.
R.S., c. P-21Privacy Act
Marginal note:R.S., c. 24 (3rd Supp.), s. 53
294. The schedule to the Privacy Act is amended by striking out the following under the heading “OTHER GOVERNMENT INSTITUTIONS”:
Hazardous Materials Information Review Commission
Conseil de contrôle des renseignements relatifs aux matières dangereuses
1991, c. 30Public Sector Compensation Act
295. Schedule I to the Public Sector Compensation Act is amended by striking out the following under the heading “OTHER PORTIONS OF THE PUBLIC SERVICE”:
Hazardous Materials Information Review Commission
Conseil de contrôle des renseignements relatifs aux matières dangereuses
SI/93-81Canadian Security Intelligence Service Act Deputy Heads of the Public Service of Canada Order
296. Item 53 of the schedule to the Canadian Security Intelligence Service Act Deputy Heads of the Public Service of Canada Order is repealed.
Repeal
Marginal note:Repeal
297. Order in Council P.C. 1988-2030, dated September 15, 1988 and registered as SI/88-137, is repealed.
Coming into Force
Marginal note:Order in council
298. This Division, other than section 285, comes into force on a day to be fixed by order of the Governor in Council.
Division 141996, c. 17Agreement on Internal Trade Implementation Act
Amendments to the Act
299. The definition “Agreement” in section 2 of the Agreement on Internal Trade Implementation Act is replaced by the following:
“Agreement”
« Accord »
“Agreement” means the Agreement on Internal Trade signed in 1994, as amended from time to time;
300. The Act is amended by adding the following after section 8:
Orders Made Under Chapter 17 of Agreement
Marginal note:Orders of Federal Court
8.1 (1) An order to pay a monetary penalty or tariff costs made under Chapter 17 of the Agreement may, for the purpose of its enforcement only, be made an order of the Federal Court.
Marginal note:Procedure
(2) To make the order an order of the Federal Court, the party to the Agreement or the person in favour of whom the order is made must file a certified copy of the order in the Registry of the Federal Court and, on filing, the order becomes an order of that Court.
Marginal note:Enforcement
8.2 An order that is made an order of the Federal Court is enforceable in the same manner as any other order of that Court.
Marginal note:Orders final and binding
8.3 An order that is made an order of the Federal Court is final and binding and is not subject to appeal to any court.
301. The heading before section 9 of the English version of the Act is replaced by the following:
Orders of Governor in Council
302. (1) The portion of subsection 9(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Orders
9. (1) For the purpose of suspending benefits of equivalent effect or imposing retaliatory measures of equivalent effect in respect of a province under Article 1709 of the Agreement, the Governor in Council may, by order, do any one or more of the following:
(2) Paragraphs 9(3)(a) and (b) of the Act are replaced by the following:
(a) the requirements for standing set out in Article 1703(8) of the Agreement; and
(b) the conditions and limitations set out in Articles 1709(3), (4) and (10) of the Agreement.
303. Section 12 of the Act is replaced by the following:
Marginal note:Rosters
12. The Governor in Council may appoint any person who meets the requirements set out in Annex 1704(2) of the Agreement to be on the rosters referred to in Article 1704(2) of the Agreement.
304. Section 15 of the Act and the headings before it are replaced by the following:
Marginal note:Screener
15. The Governor in Council may, by order, appoint any person to be a screener for the purposes of Part B of Chapter 17 of the Agreement if the person meets the requirements set out in that Part.
RELATED AND CONSEQUENTIAL AMENDMENTS
R.S., c. C-50; 1990, c. 8, s. 21Related Amendment to the Crown Liability and Proceedings Act
Marginal note:1996, c. 17, s. 15
305. Subsection 28(3) of the Crown Liability and Proceedings Act is repealed.
Coming into Force
Marginal note:Order in council
306. This Division comes into force on a day to be fixed by order of the Governor in Council.
Division 151996, c. 23Employment Insurance Act
307. (1) Section 96 of the Employment Insurance Act is amended by adding the following after subsection (8.9):
Marginal note:Temporary measure — small business refund 2012
(8.91) If an employer’s premium is $10,000 or less for 2011, the Minister shall refund to the employer a portion of the premium for 2012 determined by the following formula if that amount is more than $2:
P2 – P1
where
- P1
- is the amount of the employer’s premium in 2011; and
- P2
- is the amount of the employer’s premium in 2012.
Marginal note:P1 can equal zero
(8.92) For the purposes of subsection (8.91), P1 is equal to zero if a person was not required to pay an employer’s premium in 2011.
Marginal note:Maximum refund
(8.93) A refund under subsection (8.91) shall not exceed $1,000.
Marginal note:2011, c. 24, s. 160(2)
(2) Subsection 96(13.1) of the Act is replaced by the following:
Marginal note:No interest payable
(13.1) Despite subsection (13), no interest shall be paid on refunds payable under subsection (8.7) or (8.91).
Division 162001, c. 27Immigration and Refugee Protection Act
Amendments to the Act
308. Section 11 of the Immigration and Refugee Protection Act is amended by adding the following after subsection (1):
Marginal note:Electronic travel authorization
(1.01) Despite subsection (1), a foreign national must, before entering Canada, apply for an electronic travel authorization required by the regulations by means of an electronic system, unless the regulations provide that the application may be made by other means. The application may be examined by the system or by an officer and, if the system or officer determines that the foreign national is not inadmissible and meets the requirements of this Act, the authorization may be issued by the system or officer.
309. Section 14 of the Act is amended by adding the following after subsection (2):
Marginal note:Electronic travel authorization
(3) For the purposes of subsection 11(1.01), the regulations may include provisions respecting the circumstances in which an application may be made by other means and respecting those other means.
310. Subsection 15(1) of the Act is replaced by the following:
Marginal note:Examination by officer
15. (1) An officer is authorized to proceed with an examination if a person makes an application to the officer in accordance with this Act or if an application is made under subsection 11(1.01).
Marginal note:2012, c. 19, s. 706(1)
311. Subsection 87.3(1) of the Act is replaced by the following:
Marginal note:Application
87.3 (1) This section applies to applications for visas or other documents made under subsections 11(1) and (1.01), other than those made by persons referred to in subsection 99(2), to sponsorship applications made by persons referred to in subsection 13(1), to applications for permanent resident status under subsection 21(1) or temporary resident status under subsection 22(1) made by foreign nationals in Canada, to applications for work or study permits and to requests under subsection 25(1) made by foreign nationals outside Canada.
312. Section 89 of the Act is renumbered as subsection 89(1) and is amended by adding the following:
Marginal note:User Fees Act
(2) The User Fees Act does not apply to a fee for the provision of services in relation to an application referred to in subsection 11(1.01).
Coordinating Amendments
Marginal note:2012, c. 17
313. (1) In this section, “other Act” means the Protecting Canada’s Immigration System Act.
(2) On the first day on which both subsection 14(3) of the Immigration and Refugee Protection Act, as enacted by subsection 9(2) of the other Act, and subsection 14(3) of the Immigration and Refugee Protection Act, as enacted by section 309 of this Act, are in force, subsection 14(3) of the Immigration and Refugee Protection Act, as enacted by subsection 9(2) of the other Act, is renumbered as subsection 14(4) and is repositioned accordingly if required.
(3) If section 30 of the other Act comes into force before section 312 of this Act, then
(a) that section 312 is deemed never to have come into force and is repealed; and
(b) section 89 of the Immigration and Refugee Protection Act is amended by adding the following after subsection (2):
Marginal note:User Fees Act
(3) The User Fees Act does not apply to a fee for the provision of services in relation to an application referred to in subsection 11(1.01).
(4) If section 312 of this Act comes into force before section 30 of the other Act, then that section 30 is replaced by the following:
30. Section 89 of the Act is amended by adding the following after subsection (2):
Marginal note:User Fees Act
(3) The User Fees Act does not apply to a fee for the provision of services in relation to the collection, use and disclosure of biometric information and for the provision of related services.
(5) If section 30 of the other Act comes into force on the same day as section 312 of this Act, then that section 30 is deemed to have come into force before that section 312 and subsection (3) applies as a consequence.
Marginal note:2012, c. 19
314. On the first day on which both section 311 of this Act is in force and subsection 710(2) of the Jobs, Growth and Long-term Prosperity Act has produced its effects, subsection 87.3(1) of the Immigration and Refugee Protection Act is replaced by the following:
Marginal note:Application
87.3 (1) This section applies to applications for visas or other documents made under subsections 11(1) and (1.01), other than those made by persons referred to in subsection 99(2), to sponsorship applications made under subsection 13(1), to applications for permanent resident status under subsection 21(1) or temporary resident status under subsection 22(1) made by foreign nationals in Canada, to applications for work or study permits and to requests under subsection 25(1) made by foreign nationals outside Canada.
Division 17R.S., c. C-7Canada Mortgage and Housing Corporation Act
315. Subsection 8(1) of the Canada Mortgage and Housing Corporation Act is amended by adding “or” at the end of paragraph (b) and by repealing paragraph (c).
Division 18R.S., c. N-22Navigable Waters Protection Act
Amendments to the Act
316. Section 1 of the Navigable Waters Protection Act is replaced by the following:
Marginal note:Short title
1. This Act may be cited as the Navigation Protection Act.
317. (1) The portion of section 2 of the English version of the Act before the first definition is replaced by the following:
Marginal note:Definitions
2. The following definitions apply in this Act.
Marginal note:2009, c. 2, s. 317
(2) The definition “ferry cable” in section 2 of the Act is repealed.
Marginal note:2009, c. 2, s. 317
(3) The definition bateau in section 2 of the French version of the Act is repealed.
Marginal note:2009, c. 2, s. 317
(4) The definition “work” in section 2 of the Act is replaced by the following:
“work”
« ouvrage »
“work” includes any structure, device or thing, whether temporary or permanent, that is made by humans. It also includes the dumping of fill or the excavation of materials from the bed of any navigable water.
(5) Section 2 of the Act is amended by adding the following in alphabetical order:
“designated work”
« ouvrage désigné »
“designated work” means a minor work or a work that is constructed or placed in, on, over, under, through or across any minor water.
“minor water”
« eaux secondaires »
“minor water” means any navigable water designated under paragraph 28(2)(b).
“minor work”
« ouvrage secondaire »
“minor work” means any work designated under paragraph 28(2)(a).
“obstruction”
« obstacle »
“obstruction” means a vessel, or part of one, that is wrecked, sunk, partially sunk, lying ashore or grounded, or any thing, that obstructs or impedes navigation or renders it more difficult or dangerous, but does not include a thing of natural origin unless a person causes the thing of natural origin to obstruct or impede navigation or to render it more difficult or dangerous.
“owner”
« propriétaire »
“owner”, in relation to a work, means the actual or reputed owner of the work or that owner’s agent or mandatary. It includes a person who is in possession or claiming ownership of the work and a person who is authorizing or otherwise responsible for the construction, placement, alteration, repair, rebuilding, removal, decommissioning, maintenance, operation, safety or use of the work. It also includes a person who proposes to construct or place a work.
“person in charge”
« responsable »
“person in charge”, with respect to an obstruction, includes the owner of the obstruction and, in the case of a vessel, or part of one, that is an obstruction, the registered owner or other owner at the time the obstruction was occasioned, as well as the managing owner, master and any subsequent purchaser.
“Tribunal”
« Tribunal »
“Tribunal” means the Transportation Appeal Tribunal of Canada established by subsection 2(1) of the Transportation Appeal Tribunal of Canada Act.
(6) Section 2 of the French version of the Act is amended by adding the following in alphabetical order:
« bâtiment »
“vessel”
bâtiment Toute construction flottante conçue ou utilisée pour la navigation en mer ou dans les eaux internes, qu’elle soit pourvue ou non d’un moyen propre de propulsion. Est compris dans la présente définition tout ce qui fait partie des machines, de l’outillage de chargement, de l’équipement, de la cargaison, des approvisionnements ou du lest du bâtiment.
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