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Budget Implementation Act, 2021, No. 1 (S.C. 2021, c. 23)

Assented to 2021-06-29

PART 4Various Measures (continued)

DIVISION 22R.S., c. L-2Canada Labour Code (Federal Minimum Wage)

Amendments to the Act

  • 246 (1) Subsections 178(1) to (3) of the Canada Labour Code are replaced by the following:

    Marginal note:Minimum wage

    • 178 (1) Subject to subsections (2) to (5), an employer shall pay to each employee a wage at a minimum hourly rate that is not less than the rate that is determined in accordance with section 178.1.

    • Marginal note:Province of employment

      (2) If the minimum hourly rate that is fixed, from time to time, by or under an Act of the legislature of the province where the employee is usually employed and that is generally applicable regardless of occupation, status or work experience is higher than the minimum hourly rate fixed under subsection (1), an employer shall pay to each employee a wage at a rate that is

      • (a) if the wages of the employee are paid on an hourly basis, not less than that higher minimum hourly rate; or

      • (b) if the wages of the employee are paid on any basis of time other than hourly, not less than the equivalent of the rate under paragraph (a) for the time worked by the employee.

    • Marginal note:Wage rate based on age

      (3) For the purposes of paragraph (2)(a), if minimum hourly rates for a province are fixed on the basis of age, the minimum hourly rate for that province is the highest of those rates.

  • (2) Paragraph 178(4)(b) of the Act is replaced by the following:

    • (b) fix a minimum rate of wage that in the opinion of the Minister is the equivalent of

      • (i) the minimum rate determined in accordance with subsection (2), if that minimum rate is higher than or equal to the minimum rate determined in accordance with section 178.1, or

      • (ii) the minimum rate determined in accordance with section 178.1, if that minimum rate is higher than the minimum rate determined in accordance with subsection (2).

247 The Act is amended by adding the following after section 178:

Marginal note:Minimum wage — rate

  • 178.1 (1) Subject to subsection (2), the minimum hourly rate referred to in subsection 178(1) is $15.

  • Marginal note:Annual adjustment

    (2) On April 1 of each year after the year in which this section comes into force, the minimum hourly rate is to be adjusted to the rate, rounded up to the nearest $0.05, that is equal to the product of

    • (a) as the case may be,

      • (i) in respect of April 1 of the year after the year in which this section comes into force, $15, or

      • (ii) in respect of April 1 of each subsequent year, the rate that is determined in accordance with this section on April 1 of the preceding year, and

    • (b) the ratio that the Consumer Price Index for the preceding calendar year bears to the Consumer Price Index for the calendar year before that preceding calendar year.

  • Marginal note:Consumer Price Index

    (3) For the purposes of subsection (2), a reference to the Consumer Price Index for any calendar year means the average of the all-items Consumer Price Index for Canada, not seasonally adjusted, as published by Statistics Canada under the authority of the Statistics Act, for each month in that year.

  • Marginal note:No adjustment

    (4) Despite subsection (2), the minimum hourly rate is not to be adjusted on April 1 of a given year if on that day the rate determined in accordance with that subsection is less than, as the case may be,

    • (a) in respect of April 1 of the year after the year in which this section comes into force, $15; or

    • (b) in respect of April 1 of each subsequent year, the rate that is determined in accordance with this section on April 1 of the preceding year.

Coming into Force

Marginal note:Six months after royal assent

248 This Division comes into force on the day that, in the sixth month after the month in which this Act receives royal assent, has the same calendar number as the day on which it receives royal assent or, if that sixth month has no day with that number, the last day of that sixth month.

DIVISION 23R.S., c. L-2Canada Labour Code (Leave Related to the Death or Disappearance of a Child)

  • 249 (1) The definitions child and parent in subsection 206.5(1) of the Canada Labour Code are replaced by the following:

    child

    child means a person who is under 25 years of age. (enfant)

    parent

    parent, with respect to a child, means

    • (a) a person who, in law, is a parent of the child;

    • (b) a person, other than a person referred to in paragraph (a), who, in law

      • (i) has custody of the child or, in Quebec, parental authority over the child,

      • (ii) is the guardian of the child or, in Quebec, the tutor or curator to the person of the child, or

      • (iii) has decision-making responsibility, as defined in subsection 2(1) of the Divorce Act, in respect of the child;

    • (c) a person with whom the child is placed for the purposes of adoption under the laws governing adoption in the province in which the person resides; or

    • (d) a person prescribed to be a parent by regulations made under paragraph 209.4(f). (parent)

  • (2) Subsections 206.5(3) and (4) of the Act are replaced by the following:

    • Marginal note:Leave  —  child who has disappeared

      (3) Every employee is entitled to and shall be granted a leave of absence from employment of up to 104 weeks if the employee is the parent of a child who has disappeared and it is probable, considering the circumstances, that the child disappeared as a result of a crime.

    • Marginal note:Exception

      (4) An employee is not entitled to a leave of absence if

      • (a) the employee is charged with the crime; or

      • (b) in the case of an employee referred to in subsection (2), the child was 14 years of age or older at the time of the crime and it is probable, considering the circumstances, that the child was a party to the crime.

  • (3) Paragraph 206.5(5)(b) of the Act is replaced by the following:

    • (b) ends 104 weeks after the day on which the death or disappearance, as the case may be, occurs.

  • (4) Paragraph 206.5(6)(a) of the Act is replaced by the following:

    • (a) on the 14th day after the day on which the child is found, if the child is found during the 104-week period, but no later than the end of the 104-week period; or

  • (5) Subsection 206.5(8) of the Act is replaced by the following:

    • Marginal note:Aggregate leave  —  employees

      (8) The aggregate amount of leave that may be taken by employees under this section in respect of the same death or disappearance of a child — or the same children who die or disappear as a result of the same event — must not exceed 104 weeks.

250 Subsection 206.7(1) of the Act is replaced by the following:

Marginal note:Definitions

  • 206.7 (1) The following definitions apply in subsection (2).

    child 

    child  means a person who is under 18 years of age. (enfant)

    parent

    parent has the same meaning as in subsection 206.5(1) but does not include a curator to the person. (parent)

DIVISION 24Payment to Quebec

Marginal note:Payment of $130.3 million

  • 251 (1) For the purpose of offsetting some of the costs of aligning the Quebec Parental Insurance Plan with temporary measures set out in Part VIII.5 of the Employment Insurance Act, the Minister of Employment and Social Development may, before the end of the fiscal year ending on March 31, 2022, make a one-time payment of $130,300,000 out of the Consolidated Revenue Fund to Quebec.

  • Marginal note:Agreement

    (2) The Minister of Employment and Social Development may, on behalf of Her Majesty in right of Canada, enter into an agreement with Quebec in relation to the time and manner of the payment.

DIVISION 25R.S., c. J-1Judges Act

Amendment to the Act

252 The Judges Act is amended by adding the following after section 65:

Annuity Calculations

Marginal note:Application of section 42

  • 65.1 (1) If the Council recommends that a judge be removed from office in a report submitted to the Minister under section 65, for the purposes of calculating the judge’s annuity under section 42,

    • (a) the period beginning on the day on which the Council submits the report and ending on the day on which the judge ceases to hold judicial office is not considered to be part of the judge’s time in judicial office; and

    • (b) the salary used to calculate the annuity is the salary annexed to their office on the day on which the report is submitted.

  • Marginal note:Suspension of contributions

    (2) The judge shall cease to make the contributions required under section 50 as of the day on which the report is submitted.

  • Marginal note:Reimbursement and resumption

    (3) If a recommendation for removal is rejected by the Minister, the Senate or the House of Commons or if, on judicial review, the recommendation is rejected by a court whose decision is final, subsection (1) does not apply for the purposes of calculating the annuity of the judge who was the subject of the recommendation and that judge shall

    • (a) contribute, as if subsection (2) had never applied, the amounts that would have been required under section 50 as of the day on which the Council submitted the report to the Minister; and

    • (b) resume contributing the amounts required under section 50 as of the day on which the recommendation was rejected.

Transitional Provision

Marginal note:Section 65.1 of Judges Act

253 Section 65.1 of the Judges Act does not apply to a judge whose removal from judicial office has been recommended by the Canadian Judicial Council before the day on which section 252 comes into force.

DIVISION 26New Judicial Resources

R.S., c. F-7; 2002, c. 8, s. 14Federal Courts Act

254 Subsection 5(1) of the Federal Courts Act is replaced by the following:

Marginal note:Constitution of Federal Court of Appeal

  • 5 (1) The Federal Court of Appeal consists of a chief justice called the Chief Justice of the Federal Court of Appeal, who is the president of the Federal Court of Appeal, and 13 other judges.

R.S., c. J-1Judges Act

255 Paragraph 12(d) of the Judges Act is replaced by the following:

  • (d) the 203 other judges of the Superior Court of Justice, $314,100 each.

256 Paragraph 17(d) of the Act is replaced by the following:

  • (d) the 83 other judges of the Supreme Court, $314,100 each.

257 Paragraph 19(d) of the Act is replaced by the following:

  • (d) the 31 other judges of the Court of Queen’s Bench, $314,100 each.

258 Paragraph 21(c) of the Act is replaced by the following:

  • (c) the Chief Justice and the Associate Chief Justice of the Trial Division, $344,400 each; and

R.S., c. T-2Tax Court of Canada Act

  • 259 (1) The portion of subsection 4(1) of the French version of the Tax Court of Canada Act before paragraph (a) is replaced by the following:

    Marginal note:Composition

    • 4 (1) La Cour se compose d’un juge en chef, d’un juge en chef adjoint et d’au plus vingt-deux autres juges respectivement désignés :

  • (2) Paragraph 4(1)(c) of the English version of the Act is replaced by the following:

    • (c) not more than 22 other judges.

DIVISION 27R.S., c. N-15National Research Council Act

260 Section 3 of the National Research Council Act is amended by adding the following after subsection (2):

  • Marginal note:Incorporation and acquisition of shares

    (3) The Council, as well as a corporation described in subsection (4), may do anything in respect of which paragraph 90(1)(a) or (b) of the Financial Administration Act applies only with the approval of the Governor in Council and in accordance with any conditions that the Governor in Council may impose.

  • Marginal note:Corporation

    (4) Subsection (3) applies with respect to a corporation if any of its shares, within the meaning of Part X of the Financial Administration Act, are held by the Council and either

    • (a) a majority of the corporation’s directors or members are nominated or appointed by or on behalf of Her Majesty in right of Canada or by directors or members who were nominated or appointed by or on behalf of Her Majesty; or

    • (b) Her Majesty otherwise controls the corporation.

261 The Act is amended by adding the following after section 5:

Marginal note:Drugs and devices — public health

  • 5.1 (1) The Council may engage in, and may direct or supervise, the production on any scale of drugs and devices, as those terms are defined in section 2 of the Food and Drugs Act, for the purpose of protecting or improving public health in Canada or elsewhere.

  • Marginal note:Approval or direction of Minister

    (2) However, the Council may do anything referred to in subsection (1) that is not otherwise authorized under paragraph 5(1)(k) only with the approval, or under the direction, of the Minister given after the Minister has consulted with the Minister of Health.

DIVISION 282005, c. 34; 2013, c. 40, s. 205Department of Employment and Social Development Act

262 The Department of Employment and Social Development Act is amended by adding the following after section 19.01:

Marginal note:Social Insurance Numbers — Minister of Labour

19.02 The Minister of Labour may collect and use a person’s Social Insurance Number to verify their identity for the purposes of the administration or enforcement of any Act, program or activity in respect of which the administration or enforcement is the responsibility of that Minister.

DIVISION 29Student Loans and Apprentice Loans

R.S., c. S-23Canada Student Loans Act

263 The Canada Student Loans Act is amended by adding the following after section 11.2:

Period — April 1, 2021 to March 31, 2023

Marginal note:Suspension of interest

11.3 During the period that begins on April 1, 2021 and ends on March 31, 2023, no interest is payable by a borrower on a guaranteed student loan.

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