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Budget Implementation Act, 2018, No. 2 (S.C. 2018, c. 27)

Assented to 2018-12-13

PART 4Various Measures (continued)

DIVISION 162005, c. 47, s. 1Wage Earner Protection Program Act (continued)

Amendments to the Act (continued)

  •  (1) Paragraph 41(b) of the Act is replaced by the following:

    • (b) prescribing reasons for the purposes of paragraph 5(1)(a);

    • (b.1) prescribing criteria for the purposes of subsections 5(2) and (5);

  • (2) Paragraph 41(d) of the Act is replaced by the following:

    • (d) prescribing circumstances and providing for amounts for the purposes of subsection 7(1.1);

  • (3) Paragraph 41(g) of the Act is replaced by the following:

    • (g) respecting the period during which and the manner in which a review may be requested under section 11 or 32.1 or an appeal may be made under section 14 or 32.5;

  • (4) Paragraphs 41(h) and (i) of the French version of the Act are replaced by the following:

    • h) prévoir les catégories de personnes physiques que le syndic ou le séquestre est dispensé d’informer en application de l’alinéa 21(1)c) et celles à qui il est dispensé de transmettre les renseignements visés à l’alinéa 21(1)d);

    • i) régir les renseignements que le syndic ou le séquestre est tenu de transmettre au ministre et à la personne physique pour l’application de l’alinéa 21(1)d), ainsi que régir les modalités — de temps et autres — applicables à leur fourniture;

  • (5) Section 41 of the Act is amended by striking out “and” at the end of paragraph (j) and replacing paragraph (k) with the following:

    • (k) prescribing fees and expenses for the purposes of section 22.1 and the circumstances in which they are to be paid; and

    • (l) prescribing the period during which and the manner in which the Minister must be notified under subsection 36(1.1) or (1.2) and the information that must be contained in the notice.

Transitional Provisions

Marginal note:Application — subsection 7(1)

 Subsection 7(1) of the Wage Earner Protection Program Act as amended by subsection 631(1) applies

  • (a) in respect of eligible wages owing to an individual by an employer who becomes bankrupt after February 26, 2018 but before the day on which subsection 631(2) comes into force; and

  • (b) in respect of eligible wages owing to an individual by an employer any of whose property comes under the possession or control of a receiver, within the meaning of subsection 243(2) of the Bankruptcy and Insolvency Act, after February 26, 2018 but before the day on which subsection 631(2) comes into force.

Marginal note:Application — definition eligible wages

 The definition eligible wages as amended by subsections 627(1) and (3) applies in respect of wages owing to an individual by an employer only if

  • (a) the employer becomes bankrupt on or after the day on which those subsections come into force; or

  • (b) any of the employer’s property comes under the possession or control of a receiver, within the meaning of subsection 243(2) of the Bankruptcy and Insolvency Act, on or after that day.

Coordinating Amendments

Marginal note:This Act

 If section 643 of this Act comes into force on the same day as sections 644 and 645 of this Act, then that section 643 is deemed to have come into force before those sections 644 and 645.

Marginal note:2017, c. 20

  •  (1) In this section, other Act means the Budget Implementation Act, 2017, No. 1.

  • (2) On the first day on which both section 635 of this Act and section 380 of the other Act are in force, section 18 of the Wage Earner Protection Program Act is replaced by the following:

    Marginal note:Copies of decision

    18 The Board shall send a copy of its decision, and the reasons for it, to each party to the appeal, to the Minister and to the trustee or receiver.

  • (3) On the first day on which both section 636 of this Act and section 380 of the other Act are in force, section 19 of the Wage Earner Protection Program Act is replaced by the following:

    Marginal note:No review by certiorari, etc.

    19 No order may be made to review, prohibit or restrain and no process entered or proceeding taken to question, review, prohibit or restrain in any court — whether by way of injunction, certiorari, prohibition, quo warranto or otherwise — an action of the Board under any of sections 14 to 18.

  • (4) On the first day on which both section 644 of this Act and section 379 of the other Act are in force, subsections 14.1(2) to (4) of the Wage Earner Protection Program Act are replaced by the following:

    • Marginal note:Powers, duties and functions

      (2) A member of the Board and an external adjudicator have all the powers, duties and functions that are conferred on the Board by any of sections 14 to 18 with respect to any matter that has been assigned to them or for which they have been appointed, as the case may be, other than the power referred to in subsection 14(2).

    • Marginal note:Decision of member or external adjudicator

      (3) A decision made by a member of the Board or an external adjudicator under any of sections 14 to 18 is deemed to be a decision made by the Board.

    • Marginal note:Limitation of liability

      (4) A member of the Board and an external adjudicator are not personally liable, either civilly or criminally, for anything done or omitted to be done by them in good faith in the exercise or purported exercise of any power, or in the performance or purported performance of any duty or function, conferred on them under any of sections 14 to 18.

  • (5) On the first day on which both subsection 648(3) of this Act and section 381 of the other Act are in force, paragraph 41(g) of the Wage Earner Protection Program Act is replaced by the following:

    • (g) respecting the period during which and the manner in which a review may be requested under section 11 or 32.1;

Coming into Force

Marginal note:Order in council

  •  (1) Section 626, subsections 627(2) and (5), sections 628 and 629, subsection 631(2), section 639 and subsections 648(1) and (2) come into force on a day to be fixed by order of the Governor in Council.

  • Marginal note:2017, c. 20

    (2) Sections 644 and 645 come into force on the day on which sections 379 and 380 of the Budget Implementation Act, 2017, No. 1 come into force or, if that day is before the day on which this Act receives royal assent, on the day on which this Act receives royal assent.

DIVISION 17International Financial Assistance

Amendments to Certain Acts

R.S., c. B-7Bretton Woods and Related Agreements Act

 Section 13 of the Bretton Woods and Related Agreements Act is replaced by the following:

Marginal note:Annual report

13 The Minister of Finance shall cause to be laid before each House of Parliament within one year after the end of each fiscal year or, if either House is not sitting, on any of the first five days on which that House of Parliament is sitting, a report containing a general summary of operations under this Act and details of all those operations that directly affect Canada, including the resources and lending of the World Bank Group, the funds subscribed or contributed by Canada, borrowings in Canada and procurement of Canadian goods and services.

1991, c. 12European Bank for Reconstruction and Development Agreement Act

 Section 7 of the European Bank for Reconstruction and Development Agreement Act is replaced by the following:

Marginal note:Annual report

7 The Minister shall cause to be laid before each House of Parliament within one year after the end of each fiscal year or, if either House is not sitting, on any of the first five days on which that House of Parliament is sitting, a report of operations containing a general summary of all actions taken under the authority of this Act, including their sustainable development aspects within the meaning of Article 2 of the Agreement, and their human rights aspects.

2008, c.17Official Development Assistance Accountability Act

 The definition official development assistance in section 3 of the Official Development Assistance Accountability Act is repealed.

 

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