Budget Implementation Act, 2016, No. 1 (S.C. 2016, c. 7)

Assented to 2016-06-22

Marginal note:Application

 The provisions of the Special Import Measures Act, as enacted or amended by sections 192 to 199, apply to goods from a NAFTA country, as defined in subsection 2(1) of that Act.

DIVISION 11R.S., c. 32 (2nd Supp.)Pension Benefits Standards Act, 1985

Marginal note:2010, c. 25, s. 179(2)
  •  (1) The definition multilateral agreement in subsection 2(1) of the Pension Benefits Standards Act, 1985 is repealed.

  • (2) Subsection 2(1) of the Act is amended by adding the following in alphabetical order:

    federal-provincial agreement

    federal-provincial agreement means an agreement entered into under subsection 6.1(1); (accord fédéral-provincial)

Marginal note:2010, c. 25, s. 180

 Paragraph 5(2)(d) of the Act is replaced by the following:

  • (d) collect information from a pension supervisory authority of a designated province and disclose information to that authority for the purposes of implementing a federal-provincial agreement.

Marginal note: 2010, c. 25, s. 181

 Section 6 of the Act is repealed.

Marginal note:2010, c. 25, s. 181
  •  (1) Subsection 6.1(1) of the Act is replaced by the following:

    Marginal note:One or more designated provinces
    • 6.1 (1) The Minister may, with the approval of the Governor in Council, enter into an agreement with one or more designated provinces respecting any matter relating to pension plans that are subject to the pension legislation of at least one designated province that is a party to the agreement.

  • Marginal note:2010, c. 25, s. 181

    (2) The portion of subsection 6.1(2) of the Act before paragraph (a) is replaced by the following:

    • Marginal note:Content of agreement

      (2) A federal-provincial agreement may, among other things,

  • (3) Subsection 6.1(2) of the Act is amended by adding the following after paragraph (c):

    • (c.1) make applicable, with respect to a pension plan, the pension legislation of a designated province that is a party to the agreement;

  • Marginal note:2010, c. 25, s. 181

    (4) Subsections 6.1(3) to (5) of the Act are replaced by the following:

    • Marginal note:Tabling in Parliament

      (3) The Minister must cause every federal-provincial agreement to be tabled in each House of Parliament.

    • Marginal note:Publication — Canada Gazette

      (4) The Minister must cause to be published in the Canada Gazette

      • (a) every federal-provincial agreement and a notice of the date on which the agreement comes into effect with respect to pension plans;

      • (b) every amendment to a federal-provincial agreement and a notice of the date on which the amendment comes into effect with respect to pension plans; and

      • (c) a notice of the effective date of the Government of Canada’s withdrawal from the federal-provincial agreement or of the effective date of termination of that agreement, whichever comes first.

    • Marginal note:Publication — other

      (5) In addition to the publishing requirements under subsection (4), the Minister must ensure that every federal-provincial agreement and every amendment to a federal-provincial agreement is accessible to the public through the Internet or by any other means that the Minister considers appropriate.

Marginal note:2010, c. 25, s. 181

 Sections 6.2 to 6.4 of the Act are replaced by the following:

Marginal note:Force of law
  • 6.2 (1) The provisions of a federal-provincial agreement, other than those exempted from the application of this subsection by regulation, have the force of law during the period that the agreement is in effect with respect to pension plans and are enforceable during that period as if those provisions formed part of this Act.

  • Marginal note:Inconsistency with agreement

    (2) The provisions of a federal-provincial agreement that have the force of law prevail over any provision of this Act and the regulations to the extent of any inconsistency or conflict between them.

Marginal note:Review by Federal Court
  • 6.3 (1) A decision of a pension supervisory authority of a designated province that is made under the authority of a federal-provincial agreement and that relates to the application of this Act or the regulations is deemed to be a decision of a federal board, commission or other tribunal, as defined in subsection 2(1) of the Federal Courts Act, and is subject to judicial review under that Act.

  • Marginal note:No review by Federal Court

    (2) A decision of the Superintendent that is made under the authority of a federal-provincial agreement and that relates to the application of the pension legislation of a designated province is deemed to be a decision of the pension supervisory authority of that province and is not subject to judicial review under the Federal Courts Act.

Marginal note:Association of pension supervisory authorities

6.4 The Minister may, with the approval of the Governor in Council, enter into an agreement with one or more designated provinces respecting the establishment and operation in Canada of an association of pension supervisory authorities.

Marginal note:2010, c. 25, ss. 196(1) and 198(8)

 Paragraphs 39(1)(b.1) to (b.3) of the Act are replaced by the following:

  • (b.1) respecting the implementation of a federal-provincial agreement;

  • (b.2) exempting a federal-provincial agreement or any provision of that agreement from the application of subsection 6.2(1);

  • (b.3) respecting transitional matters in the event that the Government of Canada ceases to be a party to a federal-provincial agreement;

DIVISION 121996, c. 23Employment Insurance Act

Amendments to the Act

  •  (1) Subsection 2(1) of the Employment Insurance Act is amended by adding the following in alphabetical order:

    long-tenured worker

    long-tenured worker means a claimant who was paid less than 36 weeks of regular benefits in the 260 weeks before the beginning of their benefit period and who, according to their income tax returns for which notices of assessment have been sent by the Canada Revenue Agency, paid at least 30% of the maximum annual employee’s premium in 7 of the 10 years before the beginning of their benefit period or, if their income tax return for the year before the beginning of their benefit period has not yet been filed with that Agency or a notice of assessment for that year has not yet been sent by that Agency, in 7 of the 10 years before that year; (travailleur de longue date)

  • (2) The definition long-tenured worker in subsection 2(1) of the Act is repealed.

  • Marginal note:2001, c. 5, s. 1(1)

    (3) Subsection 2(5) of the Act is replaced by the following:

    • Marginal note:Weeks of benefits paid

      (5) For the purposes of section 145, the Commission may, with the approval of the Governor in Council, make regulations for establishing how many weeks of benefits a claimant was paid, in order to take into account benefit reductions or deductions in the calculation or payment of those benefits.

 The definition waiting period in subsection 6(1) of the Act is replaced by the following:

waiting period

waiting period means the one week of the benefit period described in section 13. (délai de carence)

 
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