COVID-19 Emergency Response Act (S.C. 2020, c. 5)

• 27 (1) The portion of subsection 60.2(1) of the Act before the first definition is replaced by the following:

  Marginal note:Definitions

  • 60.2 (1) The following definitions apply in this Part.

• (2) The definition entity in subsection 60.2(1) of the Act is replaced by the following:

  entity

  entity means an entity, including a trust, that, in the Minister’s opinion, is operating in Canada. (entité)

• (3) Subsection 60.2(2) of the Act is replaced by the following:

  • Marginal note:Contracts and payments

    (2) Subject to subsection (3), the Minister may, taking into account the interests of taxpayers,

    • (a) with the Governor in Council’s authorization, enter into, on behalf of Her Majesty in right of Canada, any contract that in the Minister’s opinion is necessary to promote the stability or maintain the efficiency of the financial system in Canada, including such a contract to

      • (i) purchase, acquire, hold, lend or sell or otherwise dispose of securities of an entity,

      • (ii) create a charge on, or right or interest in, securities of an entity held by the Minister,

      • (iii) make a loan to an entity,

      • (iv) provide a line of credit to an entity,

      • (v) guarantee any debt, obligation or financial asset of an entity, or

      • (vi) provide loan insurance or credit insurance for the benefit of an entity in respect of any debt, obligation or financial asset of the entity; and

    • (b) make payments to a province or territory — or, after consultation with a province or territory, to an entity — for the purposes of responding to a situation of significant and systemic economic and financial distress.

  • Marginal note:Contract with Her Majesty

    (2.1) The Minister may enter into a contract under paragraph (2)(a) with Her Majesty in right of Canada.

  • Marginal note:Without Governor in Council’s authorization

    (2.2) The Minister may enter into a contract under paragraph (2)(a) without the Governor in Council’s authorization until September 30, 2020.

  • Marginal note:Accountability to Parliament

    (2.3) The Minister is to exercise his or her powers under subsection (2) within the framework of the Minister’s accountability to Parliament.

• (4) The portion of subsection 60.2(3) of the Act before paragraph (a) is replaced by the following:

  • Marginal note:Non-application to certain entities

    (3) Subparagraph (2)(a)(i) does not apply to

• (5) Subsections 60.2(4) to (6) of the Act are replaced by the following:

  • Marginal note:Section 90 does not apply

    (4) Section 90 does not apply if the Minister purchases, acquires or sells or otherwise disposes, under subparagraph (2)(a)(i), of shares within the meaning of that section.

  • Marginal note:Section 61 and Surplus Crown Assets Act do not apply

    (5) Section 61 and the Surplus Crown Assets Act do not apply if the Minister holds, loans or sells or otherwise disposes of securities under subparagraph (2)(a)(i).

  • Marginal note:Payments out of C.R.F.

    (6) Any amount payable under or in connection with a contract entered into under this section or any payment made under paragraph (2)(b) may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister, at the times and in the manner that the Minister considers appropriate.

28 The Act is amended by adding the following after section 60.2:

2017, c. 20, s. 103Related Amendments to the Borrowing Authority Act

29 Section 5 of the Borrowing Authority Act is amended by striking out “and” at the end of paragraph (a) and by replacing paragraph (b) with the following:

30 Section 6 of the Act is replaced by the following:

31 Subsection 8(1) of the Act is amended by striking out “and” at the end of paragraph (b) and by adding the following after that paragraph:

R.S., c. C-3Consequential Amendment to the Canada Deposit Insurance Corporation Act

32 The portion of subsection 10.1(3) of the Canada Deposit Insurance Corporation Act before paragraph (a) is replaced by the following:

PART 9R.S., c. F-27Food and Drugs Act

Amendments to the Act

• 33 (1) Subsection 30(1) of the Food and Drugs Act is amended by adding the following after paragraph (k.1):

  • (k.2) requiring persons to provide information to the Minister in respect of food, drugs, cosmetics or devices — or in respect of activities related to food, drugs, cosmetics or devices — in circumstances other than those provided for in this Act and authorizing the Minister to determine the information to be provided and the time and manner in which it is to be provided;

• (2) Paragraph 30(1)(k.2) of the Act is repealed.

• (3) Section 30 of the Act is amended by adding the following after subsection (1.3):

  • Marginal note:Regulations — preventing or alleviating shortages

    (1.4) Without limiting the power conferred by any other subsection of this section, the Governor in Council may make any regulations that the Governor in Council considers necessary for the purpose of preventing shortages of therapeutic products in Canada or alleviating those shortages or their effects, in order to protect human health.

• (4) Subsection 30(1.4) of the Act is repealed.

• 34 (1) Subsection 37(1.2) of the Act is replaced by the following:

  • Marginal note:Exception — regulations

    (1.2) Despite subsection (1), any prescribed provision of the regulations applies to any food, drug, cosmetic or device.

• (2) Subsection 37(1.2) of the Act is replaced by the following:

  • Marginal note:Exception — regulations

    (1.2) Despite subsection (1), any prescribed provision of the regulations respecting the method of manufacture, preparation, preserving, packaging, storing and testing of any food, drug, cosmetic or device applies to any packaged food, drug, cosmetic or device.

Coming into Force

Marginal note:October 1, 2020

35 Subsections 33(2) and (4) and 34(2) come into force on October 1, 2020.

PART 10R.S., c. L-2Canada Labour Code

Amendments to the Act

36 The Canada Labour Code is amended by adding the following after section 168:

• 37 (1) Subsection 187.1(1) of the Act is replaced by the following:

  Marginal note:Interruption

  • 187.1 (1) An employee may interrupt a vacation granted to them under this Division in order to permit them to take a leave of absence under Division VII or VIII or section 247.5 or to be absent due to a reason referred to in subsection 239(1), 239.01(1) or 239.1(1).

• (2) Subsection 187.1(1) of the Act is replaced by the following:

  Marginal note:Interruption

  • 187.1 (1) An employee may interrupt a vacation granted to them under this Division in order to permit them to take a leave of absence under Division VII or VIII or section 247.5 or to be absent due to a reason referred to in subsection 239(1) or (1.1) or 239.1(1).

• (3) Subsection 187.1(3) of the Act is replaced by the following:

  • Marginal note:Application of subsection 239(7)

    (3) If an employee interrupts a vacation to be absent due to a reason referred to in subsection 239(1) or (1.1) and resumes the vacation immediately at the end of that leave, subsection 239(7) applies to them as if they did not resume the vacation before returning to work.

• (4) Section 187.1 of the Act is amended by adding the following after subsection (3):

  • Marginal note:Application of subsection 239.01(7)

    (3.1) If an employee interrupts a vacation to be absent due to a reason referred to in subsection 239.01(1) and resumes the vacation immediately at the end of that leave, subsection 239.01(7) applies to them as if they did not resume the vacation before returning to work.

• (5) Subsection 187.1(3.1) of the Act is repealed.

• 38 (1) Subsection 187.2(1) of the Act is replaced by the following:

  Marginal note:Postponement

  • 187.2 (1) Despite paragraph 185(a) or any term or condition of employment, an employee may postpone their vacation until after the day on which a leave of absence taken under Division VII or VIII or section 247.5, or an absence due to a reason referred to in subsection 239(1), 239.01(1) or 239.1(1), ends.

• (2) Subsection 187.2(1) of the Act is replaced by the following:

  Marginal note:Postponement

  • 187.2 (1) Despite paragraph 185(a) or any term or condition of employment, an employee may postpone their vacation until after the day on which a leave of absence taken under Division VII or VIII or section 247.5, or an absence due to a reason referred to in subsection 239(1) or (1.1) or 239.1(1), ends.

• 39 (1) Subsection 206.1(2.1) of the Act is replaced by the following:

  • Marginal note:Extension of period

    (2.1) The period referred to in subsection (2) is extended by the number of weeks during which the employee is on leave under any of sections 206.3 to 206.5 and 206.9, is absent due to a reason referred to in subsection 239(1), 239.01(1) or 239.1(1) or is on leave under any of paragraphs 247.5(1)(a), (b) and (d) to (g).

• (2) Subsection 206.1(2.1) of the Act is replaced by the following:

  • Marginal note:Extension of period

    (2.1) The period referred to in subsection (2) is extended by the number of weeks during which the employee is on leave under any of sections 206.3 to 206.5 and 206.9, is absent due to a reason referred to in subsection 239(1) or (1.1) or 239.1(1) or is on leave under any of paragraphs 247.5(1)(a), (b) and (d) to (g).

• (3) Subsection 206.1(2.4) of the Act is replaced by the following:

  • Marginal note:Interruption

    (2.4) The employee may interrupt the leave referred to in subsection (1) in order to permit the employee to take leave under any of sections 206.3 to 206.5 and 206.9, to be absent due to a reason referred to in subsection 239(1), 239.01(1) or 239.1(1) or to take leave under any of paragraphs 247.5(1)(a), (b) and (d) to (g).

• (4) Subsection 206.1(2.4) of the Act is replaced by the following:

  • Marginal note:Interruption

    (2.4) The employee may interrupt the leave referred to in subsection (1) in order to permit the employee to take leave under any of sections 206.3 to 206.5 and 206.9, to be absent due to a reason referred to in subsection 239(1) or (1.1) or 239.1(1) or to take leave under any of paragraphs 247.5(1)(a), (b) and (d) to (g).

• (5) Subsection 206.1(4) of the Act is replaced by the following:

  • Marginal note:Exception — medical leave

    (4) Except to the extent that it is inconsistent with subsection 239(7), section 209.1 applies to an employee who interrupted the leave referred to in subsection (1) in order to be absent due to a reason referred to in subsection 239(1) or (1.1).

• (6) Section 206.1 of the Act is amended by adding the following after subsection (4):

  • Marginal note:Exception — leave related to COVID-19

    (4.1) Except to the extent that it is inconsistent with subsection 239.01(7), section 209.1 applies to an employee who interrupted the leave referred to in subsection (1) in order to be absent due to a reason referred to in subsection 239.01(1).

• (7) Subsection 206.1(4.1) of the Act is repealed.