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Jobs and Growth Act, 2012 (S.C. 2012, c. 31)

Full Document:  

Assented to 2012-12-14

PART 4VARIOUS MEASURES

Division 18R.S., c. N-22Navigable Waters Protection Act

1998, c. 10Canada Marine Act

Marginal note:2008, c. 21, s. 26

 Section 47 of the Canada Marine Act is replaced by the following:

Marginal note:Navigation Protection Act

47. The Navigation Protection Act does not apply to a work, as defined in section 2 of that Act, that has been exempted by a regulation made under section 62.

Marginal note:2008, c. 21, s. 40

 Section 73 of the Act is replaced by the following:

Marginal note:Navigation Protection Act

73. The Navigation Protection Act does not apply to a work, as defined in section 2 of that Act, that has been exempted by a regulation made under section 74.

Marginal note:2008, c. 21, s. 47

 Section 101 of the Act is replaced by the following:

Marginal note:Navigation Protection Act

101. The Navigation Protection Act does not apply to a work, as defined in section 2 of that Act, that has been exempted by a regulation made under section 98.

2001, c. 29Transportation Appeal Tribunal of Canada Act

Marginal note:2008, c. 21, s. 65

 Subsection 2(3) of the Transportation Appeal Tribunal of Canada Act is replaced by the following:

  • Marginal note:Jurisdiction in respect of other Acts

    (3) The Tribunal also has jurisdiction in respect of reviews and appeals in connection with administrative monetary penalties provided for under sections 177 to 181 of the Canada Transportation Act, sections 43 to 55 of the International Bridges and Tunnels Act, sections 129.01 to 129.19 of the Canada Marine Act and sections 39.1 to 39.26 of the Navigation Protection Act.

2002, c. 18Canada National Marine Conservation Areas Act

Marginal note:2001, c. 26, s. 322(3)

 Subsection 16(5) of the Canada National Marine Conservation Areas Act is replaced by the following:

2005, c. 37Highway 30 Completion Bridges Act

 Section 5 of the Highway 30 Completion Bridges Act is replaced by the following:

Marginal note:Application of other Acts

5. For greater certainty, nothing in this Act limits the application of the Navigation Protection Act or any other Act of Parliament in respect of the construction and maintenance of the bridges and ancillary works authorized by this Act.

2004, c. 15Related Amendment to the Public Safety Act, 2002

 Section 94 of the Public Safety Act, 2002 is repealed.

Coordinating Amendments

Marginal note:2012, c. 19
  •  (1) In this section, “other Act” means the Jobs, Growth and Long-term Prosperity Act.

  • (2) On the first day on which both section 87 of the other Act and section 316 of this Act are in force,

    • (a) section 58.301 of the National Energy Board Act is replaced by the following:

      Marginal note:Power lines not works

      58.301 Despite the definition “work” in section 2 of the Navigation Protection Act, neither an interprovincial power line in respect of which an order made under section 58.4 is in force nor an international power line is a work to which that Act applies.

    • (b) subsection 58.304(1) of the National Energy Board Act is replaced by the following:

      Marginal note:Existing terms and conditions
      • 58.304 (1) Terms and conditions in respect of any international or interprovincial power line that were, at any time before the coming into force of this section, imposed under section 58.29 or 108, as that section read from time to time before the coming into force of this section — or imposed by the Minister of Transport under the Navigation Protection Act — apply as if they were terms and conditions set out in the certificate or permit, as the case may be, issued in respect of the power line.

  • (3) If section 87 of the other Act comes into force before section 338 of this Act, then that section 338 is repealed.

  • (4) If section 87 of the other Act comes into force on the same day as section 338 of this Act, then that section 338 is deemed to have come into force before that section 87.

  • (5) On the first day on which both section 91 of the other Act and section 316 of this Act are in force, section 111 of the National Energy Board Act is replaced by the following:

    Marginal note:Pipeline not work

    111. Despite the definition “work” in section 2 of the Navigation Protection Act, a pipeline is not a work to which that Act applies.

  • (6) If section 91 of the other Act comes into force before section 339 of this Act, then that section 339 is repealed.

  • (7) If section 91 of the other Act comes into force on the same day as section 339 of this Act, then that section 339 is deemed to have come into force before that section 91.

  • (8) On the first day on which both section 116 of the other Act and section 316 of this Act are in force, the definition “navigable water” in section 2 of the Canada Oil and Gas Operations Act is replaced by the following:

    “navigable water”

    « eaux navigables »

    “navigable water” has the same meaning as in section 2 of the Navigation Protection Act;

  • (9) On the first day on which both section 119 of the other Act and section 316 of this Act are in force,

    • (a) section 5.013 of the Canada Oil and Gas Operations Act is replaced by the following:

      Marginal note:Pipeline not work

      5.013 Despite the definition “work” in section 2 of the Navigation Protection Act, a pipeline in respect of which an authorization has been or may be issued under paragraph 5(1)(b) is not a work to which that Act applies.

    • (b) section 5.015 of the Canada Oil and Gas Operations Act is replaced by the following:

      Marginal note:Existing terms and conditions

      5.015 Terms and conditions imposed at any time before the coming into force of this section in relation to an approval given under the Navigation Protection Act in respect of a pipeline, in respect of which an authorization has been issued under paragraph 5(1)(b), apply as if they were requirements determined by the National Energy Board to be requirements to which the authorization is subject.

Coming into Force

Marginal note:Order in council

 This Division, other than section 349, comes into force on a day to be fixed by order of the Governor in Council.

Division 19R.S., c. G-10Canada Grain Act

Amendments to the Act

Marginal note:1994, c. 45, s. 1(6)(F)
  •  (1) The definitions “overage”, “shortage”, “transfer elevator” and “weigh-over” in section 2 of the Canada Grain Act are repealed.

  • Marginal note:1994, c. 45, s. 1(6)(F)

    (2) The definition “terminal elevator” in section 2 of the Act is replaced by the following:

    “terminal elevator”

    « installation terminale » ou « silo terminal »

    “terminal elevator” means an elevator whose principal uses are the receiving of grain from another elevator and the cleaning, storing and treating of the grain before it is moved forward;

  • (3) Subparagraph (b)(ii) of the definition “lawfully” in section 2 of the Act is replaced by the following:

    • (ii) the delivery of grain to a terminal elevator or process elevator or to a consignee at a destination other than an elevator, or

Marginal note:1994, c. 45, s. 4

 Paragraph 12(g) of the Act is replaced by the following:

  • (g) fixing the allowance to be paid to members of grain standards committees.

 

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