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

Transitional Provisions

Marginal note:Request — setting lands apart

676 If, before the day on which this section comes into force, the governing body of a First Nation has requested that the Minister set apart certain lands as a reserve and, on that day, those lands have not been set apart as a reserve, the governing body is deemed to have made the request under subsection 4(1) of the Addition of Lands to Reserves and Reserve Creation Act.

Marginal note:Manitoba Claim Settlements Implementation Act

677 If the council of a First Nation has, by resolution, requested that the Minister set apart certain lands as a reserve under the Manitoba Claim Settlements Implementation Act and, on the day on which this section comes into force, those lands have not been set apart as a reserve,

• (a) any designation or grant of an interest or right made under section 12 of the Manitoba Claim Settlements Implementation Act, as it read immediately before this section comes into force, is deemed to have been made under section 5 of the Addition of Lands to Reserves and Reserve Creation Act;

• (b) any ongoing process conducted under the Indian Act, in accordance with Manitoba Claim Settlements Implementation Act, for the purposes of a proposed designation, is continued in accordance with the Addition of Lands to Reserves and Reserve Creation Act; and

• (c) any permit issued or any consent given under section 13 of the Manitoba Claim Settlements Implementation Act, as it read immediately before this section comes into force, is deemed to have been issued or given, as the case may be, under section 6 of the Addition of Lands to Reserves and Reserve Creation Act.

Marginal note:Claim Settlements (Alberta and Saskatchewan) Implementation Act

678 If the council of a First Nation has, by resolution, requested that the Minister set apart certain lands as a reserve under the Claim Settlements (Alberta and Saskatchewan) Implementation Act and, on the day on which this section comes into force, those lands have not been set apart as a reserve,

• (a) any designation or grant of an interest or right made under section 6 of the Claim Settlements (Alberta and Saskatchewan) Implementation Act, as it read immediately before this section comes into force, is deemed to have been made under section 5 of the Addition of Lands to Reserves and Reserve Creation Act;

• (b) any ongoing process conducted under the Indian Act, in accordance with Claim Settlements (Alberta and Saskatchewan) Implementation Act, for the purposes of a proposed designation, is continued in accordance with the Addition of Lands to Reserves and Reserve Creation Act; and

• (c) any permit issued or any consent given under section 7 of the Claim Settlements (Alberta and Saskatchewan) Implementation Act, as it read immediately before this section comes into force, is deemed to have been issued or given, as the case may be, under section 6 of the Addition of Lands to Reserves and Reserve Creation Act.

Consequential Amendments

1993, c. 11Saskatchewan Treaty Land Entitlement Act

679 Section 9 of the Saskatchewan Treaty Land Entitlement Act is repealed.

2000, c. 33Manitoba Claim Settlements Implementation Act

680 The long title of the Manitoba Claim Settlements Implementation Act is replaced by the following:

681 Section 1 of the Act is replaced by the following:

682 Part 2 of the Act is repealed.

683 The schedule to the Act is repealed.

Repeal

Marginal note:Repeal

684 The Claim Settlements (Alberta and Saskatchewan) Implementation Act, chapter 3 of the Statutes of Canada, 2002, is repealed.

Coming into Force

Marginal note:Order in council

685 This Division comes into force on a day to be fixed by order of the Governor in Council.

DIVISION 20R.S., c. C-46Criminal Code

• 686 (1) Paragraph 715.42(1)(c) of the Criminal Code is replaced by the following:

  • (c) a decision made under subsection (2) or (5) and the reasons for that decision.

• (2) Subsection 715.42(2) of the Act is replaced by the following:

  • Marginal note:Decision not to publish

    (2) The court may decide not to publish the agreement or any order or reasons referred to in paragraph (1)(b), in whole or in part, if it is satisfied that the non-publication is necessary for the proper administration of justice.

• (3) Subsection 715.42(4) of the Act is replaced by the following:

  • Marginal note:Conditions

    (4) The court may make its decision subject to any conditions that it considers appropriate, including a condition related to the duration of non-publication.

  • Marginal note:Review of decision

    (5) On application by any person, the court must review the decision made under subsection (2) to determine whether the non-publication continues to be necessary for the proper administration of justice. If the court is satisfied that the non-publication is no longer necessary, it must publish the agreement, order or reasons, as the case may be, in whole or in part, as soon as practicable.

DIVISION 21Poverty Reduction Measures, Phase 1

Poverty Reduction Act

Marginal note:Enactment of Act

687 The Poverty Reduction Act is enacted as follows:

DIVISION 222001, c. 26Canada Shipping Act, 2001

Amendments to the Act

688 Section 8 of the Canada Shipping Act, 2001 is replaced by the following:

• 689 (1) Paragraph 10(1)(c) of the Act is replaced by the following:

  • (c) enter into agreements or arrangements respecting the administration or enforcement of any provision of this Act or the regulations and authorize any person or organization — including a provincial government, a local authority and a government, council or other entity authorized to act on behalf of an Indigenous group — with whom or which an agreement or arrangement is entered into to exercise the powers or perform the duties and functions under this Act that are specified in the agreement or arrangement.

• (2) Section 10 of the Act is amended by adding the following after subsection (2):

  • Marginal note:Exemption power of Minister of Transport

    (2.1) The Minister of Transport may, with respect to his or her responsibilities under this Act, exempt for a period of not more than three years any person or vessel or class of persons or vessels from the application of any provisions of this Act or the regulations, subject to any conditions that the Minister considers appropriate, if the exemption would allow the undertaking of research and development, including in respect of any type of vessels, technologies, systems, components or procedures and practices that may, in the Minister’s opinion, enhance marine safety or environmental protection.

  • Marginal note:Publication

    (2.2) The Minister of Transport shall publish, on the Department of Transport’s Internet site or by any other means that the Minister of Transport considers appropriate, a notice of every exemption granted under subsection (2.1), as soon as feasible after it is granted.

• (3) Subsection 10(4) of the Act is replaced by the following:

  • Marginal note:Publication — Canada Gazette

    (4) Notice of every exemption granted under subsection (2), (2.1) or (3) must be published in the Canada Gazette.