Economic Action Plan 2014 Act, No. 2 (S.C. 2014, c. 39)

Assented to 2014-12-16

Coming into Force

Marginal note:Order in council

 The provisions of the Extractive Sector Transparency Measures Act, as enacted by section 376, come into force on a day or days to be fixed by order of the Governor in Council.

Division 292010, c. 12Jobs and Economic Growth Act

Amendments to the Act

  •  (1) Section 2147 of the Jobs and Economic Growth Act and the heading before it are replaced by the following:

    Canadian Nuclear Laboratories Ltd.

    Marginal note:Agent of Her Majesty

    2147. Canadian Nuclear Laboratories Ltd., a corporation incorporated under the Canada Business Corporations Act on May 30, 2014, is an agent of Her Majesty in right of Canada.

  • (2) Section 2147 of the Act is replaced by the following:

    Marginal note:Not an agent

    2147. Canadian Nuclear Laboratories Ltd., a corporation incorporated under the Canada Business Corporations Act on May 30, 2014, is not an agent of Her Majesty in right of Canada.

 Section 2148 of the Act and the heading before it are replaced by the following:

Marginal note:Deeming on sale or disposition
  • 2148. (1) A sale or other disposition by AECL of the securities of Canadian Nuclear Laboratories Ltd. under paragraph 2141(1)(j) is deemed to be a transfer or divestiture of the administration of a service to which subsection 40.1(1) of the Public Service Superannuation Act applies. On the day on which the sale or disposition occurs,

    • (a) every employee of Canadian Nuclear Laboratories Ltd. is deemed to be a contributor to whom that subsection 40.1(1) applies; and

    • (b) Canadian Nuclear Laboratories Ltd. is deemed to be the person, referred to in that subsection 40.1(1), to whom the service is transferred or divested who becomes the employer of the employees.

  • Marginal note:Transitional period

    (2) Canadian Nuclear Laboratories Ltd. forms part of the public service for the purposes of the Public Service Superannuation Act, as if the Treasury Board had so directed under paragraph 40.1(2)(a) of that Act, for a period of three years beginning on the day on which the sale or other disposition referred to in subsection (1) takes place.

  • Marginal note:Monthly payments

    (3) As a condition of remaining part of the public service, Canadian Nuclear Laboratories Ltd. must make monthly payments into the Superannuation Account or the Public Service Pension Fund of the amounts determined in accordance with section 9 of the Public Service Superannuation Regulations.

  • Marginal note:Not required to contribute

    (4) An individual who becomes, or again becomes, an employee of Canadian Nuclear Laboratories Ltd. after the day on which the sale or other disposition referred to in subsection (1) takes place is not required to contribute under section 5 of the Public Service Superannuation Act during the period referred to in subsection (2).

  • Marginal note:For greater certainty

    (5) For greater certainty, regulations may be made under paragraph 42.1(1)(u) of the Public Service Superannuation Act with respect to the employees who are deemed to be contributors under paragraph (1)(a).

 The Act is amended by adding the following after section 2148:

Marginal note:R.S., c. P-36
Public Service Superannuation Act
Marginal note:SOR/2014-188, s. 1

2148.1 Part I of Schedule I to the Public Service Superannuation Act is amended by striking out the following:

  • Canadian Nuclear Laboratories Ltd.

    Laboratoires Nucléaires Canadiens Ltée

Coming into Force

Marginal note:May 30, 2014
  •  (1) Subsection 378(1) is deemed to have come into force on May 30, 2014.

  • Marginal note:Coming into force

    (2) Subsection 378(2) and section 380 come into force on the day on which Atomic Energy of Canada Limited sells or otherwise disposes, under paragraph 2141(1)(j) of the Jobs and Economic Growth Act, of the securities of Canadian Nuclear Laboratories Ltd., a corporation incorporated under the Canada Business Corporations Act on May 30, 2014. The Minister must publish notice of that day in the Canada Gazette as soon as feasible after that day.

Division 30Public Service Labour Relations

2013, c. 40Economic Action Plan 2013 Act, No. 2

 Subsection 333(1) of the Economic Action Plan 2013 Act, No. 2 is repealed.

  •  (1) Section 351 of the Act is amended by replacing the paragraph 77(1)(a) that it enacts with the following:

    • (a) an abuse of authority by the Commission or the deputy head in the exercise of its or his or her authority under subsection 30(2);

  • (2) Section 351 of the Act is amended by replacing the subsection 78(1) that it enacts with the following:

    Marginal note:Grounds of complaint — person not meeting qualifications
    • 78. (1) When, in the case of an advertised internal appointment process, the Commission has made or proposed an appointment, a person who is an unsuccessful candidate in the area of selection determined under section 34 and who has been determined by the Commission not to meet the essential qualifications for the work to be performed as established by the deputy head under paragraph 30(2)(a) or the qualifications considered by the deputy head under subparagraph 30(2)(b)(i) to be an asset for that work may, in the manner and within the period provided by the regulations, make a complaint to the Tribunal that

      • (a) the deputy head has abused his or her authority under paragraph 30(2)(a) in establishing the essential qualifications for the work to be performed;

      • (b) the deputy head has abused his or her authority under subparagraph 30(2)(b)(i) in determining the qualifications that are considered to be an asset for that work;

      • (c) the Commission has abused its authority under subsection 30(2) in making that determination in relation to the essential qualifications for the work to be performed or the qualifications considered to be an asset for that work; or

      • (d) the Commission has failed to assess the complainant in the official language of the complainant’s choice as required by subsection 37(1).

 Section 354 of the Act is replaced by the following:

354. Paragraphs 83(a) and (b) of the Act are replaced by the following:

  • (a) the person who made the complaint under section 77 or 78,

  • (b) the person who was the subject of the appointment or proposed appointment referred to in subsection 77(1) or 78(1), or

 Subsection 469(6) of the Act is replaced by the following:

  • (6) If section 376 of this Act comes into force before section 404 of the other Act, then that section 404 is replaced by the following:

    404. Paragraph 226(2)(a) of the Act is replaced by the following:

Coming into Force

Marginal note:December 12, 2013

 Section 385 is deemed to have come into force on December 12, 2013.

Division 31Royal Canadian Mounted Police Pensions

Transfer of Pension of Certain Employees

Marginal note:Definitions

 The following definitions apply in sections 388 to 400.

“deemed employee”

« employé réputé »

“deemed employee” means a person who is deemed under subsection 86(1) of the Enhancing Royal Canadian Mounted Police Accountability Act to be a person appointed under the Public Service Employment Act.

“published date”

« date publiée »

“published date” means the date that is published in the Canada Gazette by the Treasury Board under subsection 86(1) of the Enhancing Royal Canadian Mounted Police Accountability Act.

Marginal note:Group 1 contributor

 For the purposes of the Public Service Superannuation Act, commencing on the published date, a deemed employee is deemed to be a Group 1 contributor as described in subsection 12(0.1) of that Act if the deemed employee

  • (a) is required to contribute under section 5 of that Act on the published date and continues to be required to contribute under that section without interruption from that date;

  • (b) continues to be employed in the public service, as defined in subsection 3(1) of that Act, without interruption from the published date, is not required to contrib­ute under section 5 of that Act on that date, by reason of paragraph 5(1)(f) or subsection 5.1(1) of that Act, and is required to contribute under section 5 of that Act after that date;

  • (c) is required to contribute under section 5 of that Act on the published date, ceases to be required to contribute after that date, is again required to contribute under that section and continues to be employed in the public service, without interruption, from the cessation; or

  • (d) is, on the day before the day on which he or she ceases to be employed in the public service, a deemed employee described in any of paragraphs (a) to (c), unless

    • (i) the deemed employee has received a return of contributions under subsection 12(3) of that Act,

    • (ii) a payment of a transfer value to the deemed employee has been effected in accordance with subsection 13.01(2) of that Act, or

    • (iii) a payment has been made to an eligible employer in respect of the deemed employee in accordance with subsection 40.2(3) of that Act.

 
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