Miscellaneous Statute Law Amendment Act, 2017 (S.C. 2017, c. 26)
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Assented to 2017-12-12
Miscellaneous Statute Law Amendment Act, 2017
S.C. 2017, c. 26
Assented to 2017-12-12
An Act to correct certain anomalies, inconsistencies and errors and to deal with other matters of a non-controversial and uncomplicated nature in the Statutes of Canada and to repeal certain Acts and provisions that have expired, lapsed or otherwise ceased to have effect
SUMMARY
This enactment is the 12th in a series of bills introduced under the Miscellaneous Statute Law Amendment (MSLA) Program. It amends 41 Acts to correct grammatical, spelling, terminological, typographical and cross-referencing errors, update archaic wording and correct discrepancies between the two language versions. It also updates the names of certain organizations, for example, “Canadian Institute of Chartered Accountants” is replaced with “Chartered Professional Accountants of Canada”. Finally, it contains amendments repealing eight Acts that no longer have any application, for example, the Maintenance of Ports Operations Act, 1986.
This enactment has been drafted based on the Thirteenth Report of the Standing Committee on Justice and Human Rights tabled in the House of Commons on May 31, 2017 and the Twenty-first Report of the Standing Senate Committee on Legal and Constitutional Affairs tabled in the Senate on June 21, 2017.
BACKGROUND AND PROCESS
The MSLA Program was established in 1975 to allow for minor non-controversial amendments to be made to a number of federal statutes at once, in one bill, instead of making such amendments incrementally when a particular statute is being opened for amendments of a more substantial nature.
The legislative process for introducing an MSLA bill in Parliament is different from the usual legislative process and involves four main steps: the preparation of a document containing the proposed amendments; the tabling of that document in Parliament and its review by a committee of each House; the preparation of an MSLA bill, based on the committees’ reports, that contains the proposed amendments that were approved by both committees; and finally, the introduction of the bill in Parliament.
The proposed amendments must meet all of the following criteria:
(a) not be controversial;
(b) not involve the spending of public funds;
(c) not prejudicially affect the rights of persons;
(d) not create a new offence or subject a new class of persons to an existing offence.
The document containing the proposed amendments is tabled in the Senate and referred to its Standing Committee on Legal and Constitutional Affairs and in the House of Commons and referred to its Standing Committee on Justice and Human Rights. Each committee reviews the proposed amendments in the document, prepares a report of its findings and presents it to the appropriate House.
Perhaps the most important feature of committee review is that, since a proposed amendment must not be controversial, its approval requires the consensus of the committee. Therefore, if a single member of a committee objects for any reason to a proposed amendment, that proposed amendment will not be included in the MSLA bill.
After committee review, an MSLA bill is drafted based on the reports of the two committees and contains the proposed amendments that were approved by both committees. Once the bill is introduced in Parliament, it is subject to the ordinary enactment procedures; however, the bill usually receives three readings in each House without debate since the amendments contained in the bill have already been considered and approved by committees of both Houses.
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Short Title
Marginal note:Short title
1 Miscellaneous Statute Law Amendment Act, 2017.
PART 1Amendments
R.S., c. A-2Aeronautics Act
2 (1) Section 4.31 of the Aeronautics Act, as enacted by section 143 of the Economic Action Plan 2014 Act, No. 2, is renumbered as section 4.32.
(2) Subsection 4.32(2) of the English version of the Act is replaced by the following:
Marginal note:Exemption
(2) An order under subsection (1) is exempt from examination, registration and publication under the Statutory Instruments Act.
3 Subsection 4.91(4) of the English version of the Act is replaced by the following:
Marginal note:Exemption
(4) An order under subsection (1) is exempt from examination, registration and publication under the Statutory Instruments Act.
4 Subsection 7.2(1) of the French version of the Act is replaced by the following:
Marginal note:Appel
7.2 (1) Toute personne concernée peut faire appel au Tribunal de la décision rendue en vertu du paragraphe 6.72(4), de l’alinéa 7(7)a) ou du paragraphe 7.1(7); toute personne concernée ou le ministre peuvent faire appel de celle rendue en vertu du paragraphe 6.9(8) ou de l’alinéa 7(7)b). Dans tous les cas, le délai d’appel est de trente jours suivant la décision.
R.S., c. B-3; 1992, c. 27, s. 2Bankruptcy and Insolvency Act
5 Subsection 25(2) of the Bankruptcy and Insolvency Act is replaced by the following:
Marginal note:Payment by cheque
(2) All payments made by a trustee under subsection (1.3) shall be made by cheque drawn on the estate account or in such manner as is specified in directives of the Superintendent.
6 Paragraph 50.4(8)(c) of the English version of the Act is replaced by the following:
(c) the trustee shall, within five days after the day the certificate mentioned in paragraph (b.1) is issued, send notice of the meeting of creditors under section 102, at which meeting the creditors may by ordinary resolution, notwithstanding section 14, affirm the appointment of the trustee or appoint another licensed trustee in lieu of that trustee.
7 Subparagraph 57(c)(ii) of the Act is replaced by the following:
(ii) if no quorum exists for the purpose of subparagraph (i), send notice, within five days after the day the certificate mentioned in paragraph (b.1) is issued, of the meeting of creditors under section 102,
8 Paragraph 61(2)(c) of the English version of the Act is replaced by the following:
(c) the trustee shall, within five days after the day the certificate mentioned in paragraph (b.1) is issued, send notice of the meeting of creditors under section 102, at which meeting the creditors may by ordinary resolution, notwithstanding section 14, affirm the appointment of the trustee or appoint another licensed trustee in lieu of that trustee.
9 Paragraph 158(g) of the Act is replaced by the following:
(g) make disclosure to the trustee of all property disposed of by transfer at undervalue within the period beginning on the day that is five years before the date of the initial bankruptcy event and ending on the date of the bankruptcy, both dates included;
10 Subsection 254(2) of the Act is replaced by the following:
Marginal note:Application of transaction provisions
(2) Sections 95 to 101 apply, with such modifications as the circumstances require, in respect of transactions of a customer with or through a securities firm relating to securities.
R.S., c. C-6Canada Health Act
11 Paragraph (c) of the definition insured person in section 2 of the English version of the Canada Health Act is replaced by the following:
(c) a person serving a term of imprisonment in a penitentiary as defined in Part I of the Corrections and Conditional Release Act, or
R.S., c. C-34; R.S., c. 19 (2nd Supp.), s. 19Competition Act
12 Subsection 18(1.1) of the Competition Act is replaced by the following:
Marginal note:Certified copies
(1.1) The Commissioner need not return any copy of a record produced under section 11 or obtained under section 15 or 16.
13 (1) Paragraph 103.3(1)(a) of the Act is replaced by the following:
(a) to prevent the continuation of conduct that could be the subject of an order under any of sections 75 to 77, 79, 81, 84 or 90.1; or
(2) Subsection 103.3(3) of the Act is replaced by the following:
Marginal note:Consultation
(3) Before making an application for an order to prevent the continuation of conduct that could be the subject of an order under any of sections 75 to 77, 79, 81, 84 or 90.1 by an entity incorporated under the Bank Act, the Insurance Companies Act, the Trust and Loan Companies Act or the Cooperative Credit Associations Act or a subsidiary of such an entity, the Commissioner must consult with the Minister of Finance respecting the safety and soundness of the entity.
R.S., c. C-36Companies’ Creditors Arrangement Act
14 Subsection 36(7) of the Companies’ Creditors Arrangement Act is replaced by the following:
Marginal note:Restriction — employers
(7) The court may grant the authorization only if the court is satisfied that the company can and will make the payments that would have been required under paragraphs 6(5)(a) and (6)(a) if the court had sanctioned the compromise or arrangement.
R.S., c. I-20International River Improvements Act
15 Paragraph 7(1)(b) of the International River Improvements Act is replaced by the following:
(b) situated within boundary waters; or
R.S., c. L-2Canada Labour Code
16 Subparagraph 251.05(1)(a)(iii) of the Canada Labour Code is replaced by the following:
(iii) that the complaint has been settled between the employer and the employee,
1993, c. 16Motor Vehicle Safety Act
17 Subsection 10.1(7) of the English version of the Motor Vehicle Safety Act is replaced by the following:
Marginal note:Power to order
(7) The Minister may, by order, require any company that applies a national safety mark to any vehicle or equipment, sells any vehicle or equipment to which a national safety mark has been applied or imports any vehicle or equipment of a class for which standards are prescribed to give a notice of non-compliance in the manner specified in the order, if the Minister considers that it is in the interest of safety.
1995, c. 44Employment Equity Act
18 Subsection 28(4.1) of the Employment Equity Act is replaced by the following:
Marginal note:Acting after expiration of appointment
(4.1) A member whose appointment expires may, with the approval of the Chairperson, conclude any hearing that the member has begun, and a person performing duties under this section is deemed to be a part-time member for the purposes of subsection 48.2(2) of the Canadian Human Rights Act.
Marginal note:Replacement of “aboriginal”
19 The English version of the Act is amended by replacing “aboriginal” with “Aboriginal” in the following provisions:
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