Economic Action Plan 2014 Act, No. 2 (S.C. 2014, c. 39)
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Assented to 2014-12-16
PART 4VARIOUS MEASURES
Coming into Force
Marginal note:April 1, 2015
305. This Division comes into force on April 1, 2015.
Division 242001, c. 27Immigration and Refugee Protection Act
Amendments to the Act
Marginal note:2014, c. 20, s. 299
306. Subsection 4(2.1) of the Immigration and Refugee Protection Act is replaced by the following:
Marginal note:Minister of Employment and Social Development
(2.1) In making regulations under paragraphs 32(b.1) and (d.1) to (d.4), the Governor in Council may confer powers and duties on the Minister of Employment and Social Development.
Marginal note:2013, c. 33, s. 161
307. (1) Paragraphs 30(1.43)(a) to (c) of the Act are replaced by the following:
(a) revoke an assessment provided by that Department with respect to an application for a work permit;
(b) suspend the effects of the assessment; or
(c) refuse to process a request for such an assessment.
Marginal note:2013, c. 33, s. 161
(2) Subsection 30(1.44) of the Act is replaced by the following:
Marginal note:For greater certainty
(1.44) For greater certainty, subsection (1.43) does not affect any other lawful authority to revoke an assessment referred to in that subsection.
Marginal note:2013, c. 33, s. 161
(3) Subsection 30(1.6) of the Act is replaced by the following:
Marginal note:Application
(1.6) The instructions take effect on the day on which they are published, or on any later day specified in the instructions, and apply in respect of all applications for authorization to work in Canada and requests to provide an assessment with respect to an application for a work permit, including those applications and requests that were made before that day and for which a final decision has not been made.
308. The Act is amended by adding the following after section 30:
Marginal note:Publication of employer names and addresses
30.1 (1) The Minister or the Minister of Employment and Social Development may, in accordance with the regulations, publish on a list the name and address of an employer who has been found guilty of an offence arising out of the contravention of a provision of this Act that is designated in the regulations or an offence under any other federal or provincial law that regulates employment or the recruiting of employees and who
(a) has provided information in accordance with regulations made under paragraph 32(d.5) or employs or has employed a foreign national for whom a work permit is required; or
(b) has requested an assessment from the Department of Employment and Social Development with respect to an application for a work permit.
Marginal note:Removal of names and addresses
(2) The Minister or the Minister of Employment and Social Development may also, in accordance with the regulations, remove such a name and address from the list.
309. (1) Section 32 of the Act is amended by adding the following after paragraph (b):
(b.1) the publication and removal of the names and addresses of employers, the circumstances under which the names and addresses must not be published and the designation of provisions of this Act, for the purposes of section 30.1;
Marginal note:2013, c. 16, par. 37(2)(b)
(2) Paragraph 32(d.2) of the Act is replaced by the following:
(d.2) the power to inspect — including the power to require documents to be provided by individuals and entities, including employers and educational institutions, for inspection — for the purpose of verifying compliance with the conditions imposed under paragraphs (d) and (d.1);
(3) Section 32 of the Act is amended by adding the following after paragraph (d.4):
(d.5) the requirement for an employer to provide a prescribed person with prescribed information in relation to a foreign national’s authorization to work in Canada for the employer, the electronic system by which that information must be provided, the circumstances in which that information may be provided by other means and those other means;
Marginal note:2013, c. 33, s. 162(1); 2013, c. 40, par. 237(1)(i)
310. Subsection 89(1.1) of the Act is replaced by the following:
Marginal note:User Fees Act
(1.1) The User Fees Act does not apply to a fee for the provision of services in relation to a request for an assessment provided by the Department of Employment and Social Development with respect to an application for a work permit.
311. The Act is amended by adding the following after section 89:
Marginal note:Fees for rights and privileges — assessments
89.01 The regulations may
(a) govern fees to be paid for rights and privileges in relation to an assessment provided by the Department of Employment and Social Development with respect to an application for a work permit; and
(b) govern cases in which the fees referred to in paragraph (a) are waived.
312. The Act is amended by adding the following after section 89.1:
Marginal note:Fees — compliance regime
89.2 (1) The regulations may
(a) govern fees to be paid in respect of the compliance regime that applies to employers in relation to their employment of foreign nationals whose authorizations to work in Canada do not require an assessment provided by the Department of Employment and Social Development;
(b) govern cases in which the fees referred to in paragraph (a) are waived;
(c) require employers to pay the fees referred to in paragraph (a) by means of an electronic system; and
(d) include provisions respecting that system, respecting the circumstances in which those fees may be paid by other means and respecting those other means.
Marginal note:User Fees Act
(2) The User Fees Act does not apply to fees referred to in paragraph (1)(a).
Marginal note:2005, c. 38, s. 119(1)
313. (1) Paragraph 150.1(1)(a) of the Act is replaced by the following:
(a) the collection, retention, use, disclosure and disposal of information, including a Social Insurance Number, for the purposes of this Act or for the purposes of program legislation as defined in section 2 of the Canada Border Services Agency Act;
(2) Subsection 150.1(1) of the Act is amended by adding the following after paragraph (a):
(a.1) the collection, retention and use of a Social Insurance Number by the Minister of Employment and Social Development in respect of an assessment provided by the Department of Employment and Social Development or in respect of the compliance regime that applies to an employer, in relation to the employment of a foreign national or a permanent resident;
(3) Subsection 150.1(1) of the Act is amended by striking out “and” at the end of paragraph (c), by adding “and” at the end of paragraph (d) and by adding the following after paragraph (d):
(e) the disclosure of information for the purposes of cooperation between the Government of Canada and the government of a province.
Coming into Force
Marginal note:Order in council
314. The provisions of this Division, other than subsections 309(2) and (3), section 312 and subsections 313(1) and (3), come into force on a day or days to be fixed by order of the Governor in Council.
Division 25Prothonotaries of the Federal Court
R.S., c. J-1Judges Act
315. The heading before section 2 of the French version of the Judges Act is replaced by the following:
DÉFINITIONS ET INTERPRÉTATION
Marginal note:2000, c. 12, s. 159
316. The definitions “age of retirement” and “survivor” in section 2 of the Act are replaced by the following:
“age of retirement”
« mise à la retraite d’office »
“age of retirement” of a judge or of a prothonotary of the Federal Court means the age, fixed by law, at which the judge or prothonotary ceases to hold office;
“survivor”
« survivant »
“survivor”, in relation to a judge or to a prothonotary of the Federal Court, means a person who was married to the judge or prothonotary at the time of the judge’s or prothonotary’s death or who establishes that he or she was cohabiting with the judge or prothonotary in a conjugal relationship at the time of the judge’s or prothonotary’s death and had so cohabited for a period of at least one year.
317. The Act is amended by adding the following after section 2:
Marginal note:Application to prothonotaries
2.1 (1) Subject to subsection (2), sections 26 to 26.3, 34 and 39, paragraphs 40(1)(a) and (b), subsection 40(2), sections 41, 41.2 to 42, 43.1 to 56 and 57, paragraph 60(2)(b), subsections 63(1) and (2) and sections 64 to 66 also apply to a prothonotary of the Federal Court.
Marginal note:Prothonotary who makes election
(2) Sections 41.2, 41.3, 42 and 43.1 to 52.22 do not apply to a prothonotary of the Federal Court who makes an election under the Economic Action Plan 2014 Act, No. 2 to continue to be deemed to be employed in the public service for the purposes of the Public Service Superannuation Act.
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