Economic Action Plan 2014 Act, No. 1 (S.C. 2014, c. 20)
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Assented to 2014-06-19
PART 6VARIOUS MEASURES
Division 29Administrative Tribunals Support Service of Canada Act
1992, c. 33Status of the Artist Act
Marginal note:2012, c. 19, s. 538
460. Subsection 19(2) of the Status of the Artist Act is replaced by the following:
Marginal note:Consultation
(2) In order to ensure that the purpose of this Part is achieved, the members of the Board may, in respect of any matter before it, consult with other members or with employees of the Administrative Tribunals Support Service of Canada.
Marginal note:2012, c. 19, s. 556(5)
461. Subsection 53(4) of the Act is replaced by the following:
Marginal note:Board’s duty and power
(4) If the Board is of the opinion that the complaint must be heard, it may appoint a member who was never seized of the matter, or an employee of the Administrative Tribunals Support Service of Canada, to assist the parties to settle it and, if the matter is not settled within a period that the Board considers reasonable in the circumstances, or if the Board decides not to appoint a person to assist the parties to settle it, the Board shall hear and determine the complaint.
Marginal note:2012, c. 19, s. 563
462. Section 65 of the Act is replaced by the following:
Marginal note:Persons not required to give evidence
65. (1) No member of the Board or person appointed by the Board or the Minister under this Part is required to give evidence in any civil action, suit or other proceeding, respecting information obtained in the discharge of their duties under this Part.
Marginal note:Chief Administrator and employees not required to give evidence
(2) Neither the Chief Administrator nor an employee of the Administrative Tribunals Support Service of Canada shall be required to give evidence in any civil action, suit or other proceeding respecting information obtained in the discharge of their duties in providing services to the Board.
1995, c. 44Employment Equity Act
Marginal note:1998, c. 9, s. 39(1)
463. Subsection 28(7) of the Employment Equity Act is repealed.
2001, c. 29Transportation Appeal Tribunal of Canada Act
464. The portion of subsection 5(1) of the Transportation Appeal Tribunal of Canada Act before paragraph (a) is replaced by the following:
Marginal note:Duties of Chairperson
5. (1) The Chairperson has supervision over, and direction of, the work of the Tribunal, including
Marginal note:2003, c. 22, par. 225(z.26)(E)
465. Section 10 of the Act is repealed.
2005, c. 34; 2013, c. 40, s. 205Department of Employment and Social Development Act
466. The Department of Employment and Social Development Act is amended by adding the following after section 60:
Marginal note:Services and facilities
60.1 (1) The Minister may provide the Chief Administrator of the Administrative Tribunals Support Service of Canada with any administrative services and facilities that are necessary to enable him or her to provide support services and facilities to the Tribunal.
Marginal note:Spending authority
(2) The Minister may spend revenues obtained from the provision of services and facilities to the Chief Administrator, in the fiscal year in which they are received or, unless an appropriation Act provides otherwise, in the next fiscal year.
Marginal note:2012, c. 19, s. 224
467. Section 63 of the Act is replaced by the following:
Marginal note:Expenses and allowances
63. (1) Any party who is required to attend a hearing may, if the Chairperson in any particular case for special reasons considers it warranted, be reimbursed for their travel or living expenses up to the amounts determined by the Chief Administrator of the Administrative Tribunals Support Service of Canada, or be paid any allowance, including compensation for lost remuneration, in accordance with the rates fixed by that Chief Administrator.
Marginal note:Payments
(2) Any amount to be paid under subsection (1) may be paid out of moneys appropriated by Parliament for the expenditures of the Administrative Tribunals Support Service of Canada.
2005, c. 46Public Servants Disclosure Protection Act
Marginal note:2006, c. 9, s. 201
468. Section 20.8 of the Public Servants Disclosure Protection Act is repealed.
2008, c. 22Specific Claims Tribunal Act
469. Section 10 of the Specific Claims Tribunal Act and the heading before it are repealed.
470. The portion of subsection 12(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Rules of the Tribunal
12. (1) A committee of no more than six Tribunal members, appointed by the Chairperson, may make general rules for carrying out the work of the Tribunal and the management of its internal affairs, as well as rules governing its practice and procedures, including rules governing
2013, c. 40Economic Action Plan 2013 Act, No. 2
471. (1) Section 365 of the Economic Action Plan 2013 Act, No. 2 is amended by replacing the section 13 that it enacts with the following:
Marginal note:Head office
13. The Board’s head office is to be in the National Capital Region as it is described in the schedule to the National Capital Act.
(2) Section 365 of the Act is amended by replacing the section 23 that it enacts with the following:
Marginal note:General power to assist parties
23. The Board or a member of the Board or an employee of the Administrative Tribunals Support Service of Canada who is authorized by the Board may, if the parties agree, assist the parties in resolving any issues in dispute at any stage of a proceeding and by any means that the Board considers appropriate, without prejudice to the Board’s power to determine issues that have not been settled.
(3) Section 365 of the Act is amended by replacing the portion of section 25 before paragraph (a) that it enacts with the following:
Marginal note:Chairperson’s duties
25. The Chairperson has supervision over and direction of the Board’s work, including
(4) Section 365 of the Act is amended by replacing the heading before section 28 and sections 28 to 30 that it enacts with the following:
Experts
Marginal note:Experts and advisors
30. The Chief Administrator of the Administrative Tribunals Support Service of Canada may engage on a temporary basis the services of mediators and other experts to assist the Board in an advisory capacity and, subject to the Governor in Council’s approval, fix their remuneration.
(5) Section 365 of the Act is amended by replacing the section 31 that it enacts with the following:
Marginal note:Board members and experts not compellable
31. (1) A member of the Board or any person who is engaged under section 30 is not competent or compellable to appear as a witness in any civil action, suit or other proceeding respecting information obtained in the exercise of their powers or the performance of their duties and functions.
Marginal note:Chief Administrator and employees not compellable
(2) The Chief Administrator or an employee of the Administrative Tribunals Support Service of Canada is not competent or compellable to appear as a witness in any civil action, suit or other proceeding respecting information obtained in the exercise of their powers or the performance of their duties and functions in providing services to the Board.
(6) Section 365 of the Act is amended by replacing the section 33 that it enacts with the following:
Marginal note:Immunity from proceedings — Board members, experts and others
33. (1) No criminal or civil proceedings lie against a member of the Board, any person who is engaged under section 30 or any person who is acting on the Board’s behalf for anything done — or omitted to be done — or reported or said by that member or that person in good faith in the course of the exercise or performance or purported exercise or performance of their powers, duties or functions.
Marginal note:Immunity from proceedings — Chief Administrator and employees
(2) No criminal or civil proceedings lie against the Chief Administrator or an employee of the Administrative Tribunals Support Service of Canada for anything done — or omitted to be done — or reported or said by that person in good faith in the course of the exercise or performance or purported exercise or performance of their powers, duties or functions in providing services to the Board.
472. Subsection 366(2) of the Act is amended by replacing the paragraph 2(3)(a) that it enacts with the following:
(a) the person is engaged under section 30 of the Public Service Labour Relations and Employment Board Act; or
473. Subsection 404(2) of the Act is repealed.
474. Section 413 of the Act is amended by replacing the subsection 111(2) that it enacts with the following:
Meaning of “deputy head”
(2) For the purposes of this Part, “deputy head” includes a Commissioner appointed under subsection 4(5).
475. Section 447 of the Act is repealed.
476. Section 452 of the Act is repealed.
477. Section 455 of the Act is repealed.
478. Section 458 of the Act is repealed.
479. Section 460 of the Act is repealed.
Coordinating Amendments
Marginal note:2012, c. 24
480. (1) In this section, “other Act” means the Safe Food for Canadians Act.
(2) If section 78 of the other Act comes into force before section 376 of this Act, on the later of the day on which that section 78 comes into force and the day on which this Act receives royal assent, sections 449 to 451 of this Act are repealed.
(3) If section 78 of the other Act and section 376 of this Act come into force on the same day, then that section 78 is deemed to have come into force before that section 376.
(4) On the first day on which both section 376 of this Act and section 102 of the other Act are in force,
(a) subsection 33(1) of the Agriculture and Agri-Food Administrative Monetary Penalties Act is replaced by the following:
Marginal note:Duties of Chairperson
33. (1) The Chairperson apportions work among the Tribunal’s members.
(b) the heading before section 35 and sections 35 and 36 of the Agriculture and Agri-Food Administrative Monetary Penalties Act are repealed.
Marginal note:2013, c. 40
481. (1) In this section, “other Act” means the Economic Action Plan 2013 Act, No. 2.
(2) On the first day on which both section 376 of this Act and subsection 4(1) of the Public Service Labour Relations and Employment Board Act, as enacted by section 365 of the other Act, are in force,
(a) the schedule to the Administrative Tribunals Support Service of Canada Act is amended by adding the following in alphabetical order:
Public Service Labour Relations and Employment Board
Commission des relations de travail et de l’emploi dans la fonction publique
(b) section 81 of the Parliamentary Employment and Staff Relations Act is replaced by the following:
Marginal note:Facilities and staff
81. The Chief Administrator of the Administrative Tribunals Support Service of Canada shall provide an arbitrator appointed under section 49 and an adjudicator with the staff, the quarters and the other facilities that are necessary to enable the arbitrator or adjudicator to carry out their respective functions under this Part.
(c) section 83 of the Parliamentary Employment and Staff Relations Act and the heading before it are repealed;
(d) paragraph (h) of the definition “employee” in subsection 2(1) of the Public Service Labour Relations Act is replaced by the following:
(h) an employee of the Administrative Tribunals Support Service of Canada who provides any of the following services exclusively to the Board:
(i) mediation and dispute resolution services,
(ii) legal services,
(iii) advisory services relating to the Board’s exercise of its powers and performance of its duties and functions;
(e) section 11 of the Public Service Labour Relations Act is renumbered as subsection 11(1) and is amended by adding the following:
Marginal note:Facilities and administrative support
(2) The Chief Administrator of the Administrative Tribunals Support Service of Canada is to provide facilities and administrative support to the National Joint Council.
(f) the definition “employee” in subsection 206(1) of the Public Service Labour Relations Act is replaced by the following:
“employee”
« fonctionnaire »
“employee” has the meaning that would be assigned by the definition “employee”
in subsection 2(1) if that definition were read without reference to paragraphs (e), (h) and (i) and without reference to the words “except in Part 2”.
(g) section 249 of the Public Service Labour Relations Act is replaced by the following:
Marginal note:Facilities and human resources
249. The Chief Administrator of the Administrative Tribunals Support Service of Canada must provide members of arbitration boards, members of public interest commissions, mediators, adjudicators and persons seized of referrals under subsection 182(1) with the facilities and human resources necessary to enable them to carry out their functions under this Act.
(3) On the first day on which both section 376 of this Act and section 15 of the Public Service Labour Relations Act, as enacted by section 367 of the other Act, are in force, that section 15 is repealed.
Coming into Force
Marginal note:Order in council
482. This Division, except sections 471 to 481, comes into force on a day to be fixed by order of the Governor in Council.
Division 30Apprentice Loans Act
Enactment of Act
Marginal note:Enactment
483. The Apprentice Loans Act is enacted as follows:
An Act respecting the making of loans to apprentices
SHORT TITLE
Marginal note:Short title
1. This Act may be cited as the Apprentice Loans Act.
INTERPRETATION
Marginal note:Definitions
2. (1) The following definitions apply in this Act.
“eligible trade”
« métier admissible »
“eligible trade” means a trade listed in the schedule to the regulations.
“Minister”
« ministre »
“Minister” means the Minister of Employment and Social Development.
“technical training provider”
« fournisseur de formation technique »
“technical training provider” means an institution that is approved by a province for the purpose of providing technical training.
Marginal note:Other definitions
(2) In this Act, the words and expressions “apprentice”, “apprentice loan”, “borrower”, “eligible apprentice”, “technical training” and “technical training period” have the meanings assigned by the regulations.
PURPOSE
Marginal note:Purpose
3. The purpose of this Act is to assist eligible apprentices by making loans available to them.
APPRENTICE LOANS
Marginal note:Agreements with eligible apprentices
4. (1) Subject to subsection (2), the Minister, or any person authorized by order of the Minister to act on the Minister’s behalf, may enter into an agreement with any eligible apprentice who is registered in an eligible trade for the purpose of making an apprentice loan.
Marginal note:Financial terms and conditions
(2) Any terms and conditions in the agreement that could have a financial impact on Her Majesty in right of Canada are subject to approval by the Governor in Council, on the recommendation of the Minister with the concurrence of the Minister of Finance.
Marginal note:Agreements or arrangements with service providers
5. (1) The Minister may enter into an agreement or arrangement with any corporation incorporated under the laws of Canada or a province and carrying on business in Canada (in this section referred to as a “service provider”), respecting the administration of apprentice loans made by the Minister. An agreement may provide for, but is not limited to, any matter referred to in the regulations.
Marginal note:Receipt and Deposit of Public Money Regulations, 1997
(2) Despite section 3 of the Receipt and Deposit of Public Money Regulations, 1997, the portion of the following money that is public money and is collected or received electronically by a service provider that has entered into an agreement under subsection (1) must be paid to the credit of the Receiver General by depositing it, within two business days after the day on which it is collected or received, in an account established under subsection 17(2) of the Financial Administration Act:
(a) money collected or received as repayment of an apprentice loan or as payment of interest owing on that loan; and
(b) interest received by the service provider on the money referred to in paragraph (a).
Definition of “business day”
(3) In this section, “business day” means a day other than a Saturday or a holiday.
Marginal note:Suspension or denial of apprentice loans
6. The Minister may suspend or deny the making of apprentice loans to all those who are eligible apprentices participating in technical training provided by a technical training provider if the Minister is satisfied that there are compelling reasons to believe that the making of the apprentice loans would
(a) facilitate the commission by the technical training provider of an offence under this Act or any other Act of Parliament; or
(b) expose the eligible apprentices or Her Majesty in right of Canada to significant financial risk.
SPECIAL PAYMENTS
Marginal note:Special payments
7. The Minister may pay a province the amount that is determined in accordance with the regulations if
(a) the Minister determines that apprentices registered with the province are unable to enter into agreements for apprentice loans under section 4;
(b) the province has in place a program providing for financial assistance to apprentices; and
(c) the Minister considers that the purpose of the program is substantially similar to the purpose of this Act.
INTEREST-FREE AND DEFERRAL PERIODS
Marginal note:Interest-free period
8. (1) Subject to the regulations, no interest is payable by a borrower on an apprentice loan for the interest-free period that is set out in the regulations.
Marginal note:Deferral period
(2) No amount on account of principal or interest in respect of an apprentice loan is required to be paid by the borrower until the end of the prescribed period.
DEATH OR DISABILITY OF BORROWER
Marginal note:Death of borrower
9. All obligations of a borrower in respect of an apprentice loan terminate if the borrower dies.
Marginal note:Severe permanent disability
10. (1) All obligations of a borrower in respect of an apprentice loan terminate if the Minister is satisfied, on the basis of information specified by the Minister and provided by or on behalf of the borrower, that the borrower, by reason of the borrower’s severe permanent disability, is unable to repay the loan and will never be able to repay it.
Definition of “severe permanent disability”
(2) In this section, the expression “severe permanent disability” has the meaning assigned by the regulations.
MAXIMUM AMOUNT OF OUTSTANDING APPRENTICE LOANS
Marginal note:Maximum amount
11. The aggregate amount of apprentice loans made under this Act that are outstanding may not exceed the prescribed amount.
REGULATIONS
Marginal note:Regulations
12. (1) The Governor in Council may make regulations
(a) defining the words and expressions referred to in subsections 2(2), 10(2) and 17(7);
(b) establishing a schedule that sets out a list of eligible trades, including eligible trades by province;
(c) prescribing the circumstances in which a borrower is or ceases to be an eligible apprentice;
(d) providing for the conditions to be met before a disbursement in respect of an apprentice loan may be made;
(e) prescribing the manner of determining the amount that may be paid to a province under section 7;
(f) prescribing the manner of determining the interest-free period referred to in subsection 8(1), including any conditions for continued eligibility for an interest-free period;
(g) prescribing the circumstances under which an apprentice loan may be denied to an eligible apprentice, or an interest-free period referred to in subsection 8(1) may be terminated by the Minister;
(h) prescribing the maximum amount of an apprentice loan that may be made to an eligible apprentice for each technical training period;
(i) prescribing the maximum period that may elapse after which, despite anything in this Act, the principal amount of an apprentice loan and interest on that amount begin to be payable by the borrower;
(j) prescribing the maximum number of technical training periods for which an apprentice is eligible to be advanced an apprentice loan;
(k) providing for the establishment and operation of a program to provide special interest-free or interest-reduced periods to borrowers or classes of borrowers, including the terms and conditions of the granting or termination of those special periods;
(l) providing for repayment of apprentice loans by borrowers or classes of borrowers on an income-contingent basis;
(m) prescribing information to be included in any form or document referred to in section 13 in addition to any information that is otherwise required under this Act to be included in the form or document;
(n) providing for the times referred to in paragraph 15(a);
(o) providing for the form and manner in which information referred to in paragraph 15(b) is to be provided;
(p) providing for the measures referred to in subsection 20(1);
(q) providing for the period after which the Minister may no longer take a measure referred to in paragraph (p);
(r) prescribing anything that, by this Act, is to be prescribed by the regulations; and
(s) generally, for carrying into effect the purposes and provisions of this Act.
Marginal note:Maximum aggregate amount of outstanding apprentice loans
(2) On the Minister’s recommendation with the Minister of Finance’s concurrence, the Governor in Council may make regulations, for the purposes of section 11,
(a) prescribing the aggregate amount of outstanding apprentice loans that may not be exceeded; and
(b) prescribing the apprentice loans that are to be considered for the purposes of determining, at a given time, the aggregate amount of outstanding apprentice loans.
Marginal note:Eligible trades
(3) The Minister may, by regulation, amend the schedule to the regulations by adding a trade to it or removing a trade from it.
Marginal note:Externally produced material
(4) A regulation made under this section may incorporate by reference documents produced by a person or body other than the Minister, including by
(a) an organization established for the purpose of writing standards, including an organization accredited by the Standards Council of Canada;
(b) an industrial or trade organization; or
(c) a government.
Marginal note:Reproduced or translated material
(5) A regulation made under this section may incorporate by reference documents that the Minister reproduces or translates from documents produced by a body or person other than the Minister
(a) with any adaptations of form and reference that will facilitate their incorporation into the regulation; or
(b) in a form that sets out only the parts of them that apply for the purposes of the regulation.
Marginal note:Jointly produced documents
(6) A regulation made under this section may incorporate by reference documents that the Minister produces jointly with another government for the purpose of harmonizing the regulation with other laws.
Marginal note:Internally produced standards
(7) A regulation made under this section may incorporate by reference technical or explanatory documents that the Minister produces, including
(a) specifications, classifications or other information of a technical nature; and
(b) test methods, procedures, operational standards, safety standards or performance standards of a technical nature.
Marginal note:Incorporation as amended from time to time
(8) Documents may be incorporated by reference as amended from time to time.
Marginal note:For greater certainty
(9) Subsections (4) to (8) are for greater certainty and do not limit any authority to make regulations incorporating material by reference that exists apart from those subsections.
Marginal note:Accessibility
(10) The Minister must ensure that any document that is incorporated by reference in the regulation is accessible.
Marginal note:Defence
(11) 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 is relevant unless, at the time of the alleged contravention, the document was accessible as required by subsection (10) or it was otherwise accessible to the person.
Marginal note:Registration and publication not required
(12) For greater certainty, a document that is incorporated by reference in the regulation is not required to be transmitted for registration or published in the Canada Gazette under the Statutory Instruments Act by reason only that it is incorporated by reference.
GENERAL
Marginal note:Forms and documents
13. A form or other document that is to be used in connection with making apprentice loans, or to be otherwise used for the effective operation of this Act, must be either determined by the Minister or approved by the Minister.
Marginal note:Right of recovery by Minister
14. An apprentice loan that is made to a borrower who is not of full age and any interest on the loan are recoverable by the Minister from the borrower as though the borrower had been of full age at the time the agreement was entered into.
Marginal note:Waiver
15. On application by an eligible apprentice or a borrower, the Minister may, to avoid undue hardship to the apprentice or borrower, waive
(a) a requirement of the regulations with respect to the times within which information in respect of the eligible apprentice or borrower is to be provided; or
(b) a requirement of the regulations with respect to the form or manner in which information in respect of the eligible apprentice or borrower is to be provided, or a requirement determined or approved by the Minister with respect to a form or other document in which such information is to be provided.
Marginal note:Apprentice loan denied due to error
16. If the Minister is satisfied that, as a result of an error made in the administration of this Act or the regulations, a person was denied an apprentice loan to which the person would have been entitled, the Minister may take remedial action to place the person in the position that he or she would have been in under this Act had the error not been made.
Marginal note:Limitation or prescription period
17. (1) Subject to this section, no action or proceedings may be taken to recover money owing under this Act after the end of the six-year period that begins on the day on which the money becomes due and payable.
Marginal note:Deduction and set-off
(2) Money owing by a person under this Act may be recovered at any time by way of deduction from, set-off against or, in Quebec, compensation against any sum of money that may be due or payable by Her Majesty in right of Canada to the person or their estate or succession.
Marginal note:Acknowledgment of liability
(3) If a person acknowledges liability for money owing under this Act, the time during which the limitation or prescription period has run before the acknowledgment of liability does not count in the calculation of that period.
Marginal note:Acknowledgment of liability after end of limitation or prescription period
(4) If a person acknowledges liability for money owing under this Act after the end of the limitation or prescription period, an action or proceedings to recover the money may, subject to subsections (3) and (5), be brought within six years after the date of the acknowledgment of liability.
Marginal note:Limitation or prescription period suspended
(5) The running of a limitation or prescription period in respect of an apprentice loan is suspended during any period in which it is prohibited to commence or continue an action or other proceedings against the borrower to recover money owing under the loan.
Marginal note:Enforcement proceedings
(6) This section does not apply in respect of an action or proceedings relating to the execution, renewal or enforcement of a judgment.
Definition of “acknowledgement of liability”
(7) In this section, the expression “acknowledgement of liability” has the meaning assigned by the regulations.
Marginal note:Requirement to provide information or documents
18. (1) For the purpose of verifying compliance or preventing non-compliance with this Act, the Minister may, by notice served personally or by confirmed delivery service, require any person to whom an apprentice loan has been made to provide the Minister, within the time and in the manner that are stipulated in the notice, with any information or document that is in their possession or to which they could reasonably be expected to have access.
Marginal note:Copies as evidence
(2) When a document is provided in accordance with subsection (1), the Minister may make, or cause to be made, one or more certified copies of it and any of those copies is evidence of the nature and content of the original document and has the same probative force as the original document would have if it were proven in the ordinary way.
Marginal note:False statement or information
19. (1) Every person who, in respect of an apprentice loan, knowingly makes any false statement or misrepresentation, including by omission, in an application or other document or knowingly provides any false or misleading information, including by omission, is guilty of an offence and liable on summary conviction to a fine not exceeding $1,000.
Marginal note:Limitation period
(2) A prosecution for an offence under this Act may not be instituted later than six years after the time when the subject matter of the complaint arose.
Marginal note:Administrative measures
20. (1) If a person, in respect of an apprentice loan, knowingly makes any false statement or misrepresentation, including by omission, in an application or other document or knowingly provides any false or misleading information, including by omission, the Minister may take any measure provided for in the regulations.
Marginal note:Notice
(2) However, the Minister may not take any measure under subsection (1) without having given the person 60 days’ notice of the Minister’s intention to take it.
Marginal note:Submissions
(3) The person may make submissions to the Minister in respect of the measure at any time.
Marginal note:Rescission or modification of measure
(4) The Minister may rescind or modify a measure taken under subsection (1) if new facts are presented or the Minister considers that the measure was taken without knowledge of a material fact or on the basis of a mistake concerning one.
Marginal note:Authority to enter into agreements and arrangements
21. The Minister may
(a) enter into agreements or arrangements with any department, board or agency of the Government of Canada or any other public or private organization or agency to assist the Minister in carrying out the purposes and provisions of this Act; and
(b) with the approval of the Governor in Council, enter into agreements or arrangements with the government of any province to facilitate the administration or enforcement of this Act.
Marginal note:Payment out of C.R.F.
22. Any amount payable by the Minister under this Act, the regulations or an agreement or arrangement entered into under this Act, including any apprentice loans to be made by the Minister, is to be paid out of the Consolidated Revenue Fund.
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