Budget Implementation Act, 2022, No. 1 (S.C. 2022, c. 10)
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Assented to 2022-06-23
PART 5Various Measures (continued)
DIVISION 20R.S., c. 1 (2nd Supp.)Customs Act (continued)
Amendments to the Act (continued)
324 Paragraph 97.211(1)(a) of the Act is replaced by the following:
(a) the powers provided for in paragraphs (a) and (b) of the definition prescribed in subsection 2(1) as well as those provided for in subsections 3.3(1) and (2), sections 8.1 and 8.3 and subsections 43(1) and 115(1); and
325 Paragraph 97.34(4)(a) of the Act is replaced by the following:
(a) the decision of the Canadian International Trade Tribunal or Federal Court in that action has been received by the Minister of Public Safety and Emergency Preparedness;
326 Subsection 97.47(3) of the French version of the Act is replaced by the following:
Marginal note:Garantie pour opposition ou appel
(3) Dans le cas où une personne fait opposition à une cotisation ou en interjette appel en vertu de la présente partie, le ministre accepte la garantie, dont il juge satisfaisants le montant et la forme, qui lui est donnée par cette personne ou en son nom pour le paiement d’une somme en litige.
327 (1) Subsection 97.48(1) of the English version of the Act is replaced by the following:
Marginal note:Objection to assessment
97.48 (1) Any person who has been assessed under section 97.44 and who objects to the assessment may, within 90 days after the day the notice of the assessment is sent to the person, file with the Minister a notice of objection in the prescribed form and manner of filing setting out the reasons for the objection and all relevant facts.
(2) Subsection 97.48(7) of the French version of the Act is replaced by the following:
Marginal note:Acceptation de l’opposition
(7) Le ministre peut accepter l’avis d’opposition qui n’a pas été produit selon les modalités qu’il a déterminées.
(3) Subsection 97.48(10) of the Act is replaced by the following:
Marginal note:Notice of decision
(10) After reconsidering or confirming an assessment, the Minister must send to the person objecting a written notice of the Minister’s decision by registered or certified mail.
328 Section 150 of the Act is replaced by the following:
Marginal note:Copies of documents
150 Copies of documents, including electronic documents, made under this or any other Act of Parliament prohibiting, controlling or regulating the importation or exportation of goods, that are duly certified by an officer are admissible in evidence in any proceeding taken under this Act in the same manner as if they were the originals of such documents.
329 Section 164 of the Act is amended by adding the following after subsection (2):
Marginal note:Regulations under paragraph (1)(i) — section 3.5
(3) The regulations made under paragraph (1)(i) for the purposes of section 3.5 may distinguish among sums according to their amount and the class of goods to which those sums relate.
330 (1) Paragraphs 166(1)(a) and (b) of the Act are replaced by the following:
(a) prescribing the amount or authorizing the Minister to determine the amount of any deposit, bond or other security required to be given under this Act or the regulations; and
(b) prescribing the nature and the terms and conditions of any such deposit, bond or other security.
(2) Subsection 166(2) of the Act is replaced by the following:
Marginal note:Forms
(2) Any deposit, bond or other security required under this Act shall be in a form satisfactory to the Minister.
Coming into Force
Marginal note:Order in council
331 Sections 302 to 330 come into force on a day or days to be fixed by order of the Governor in Council.
DIVISION 21R.S., c. C-46Criminal Code
332 (1) Section 319 of the Criminal Code is amended by adding the following after subsection (2):
Marginal note:Wilful promotion of antisemitism
(2.1) Everyone who, by communicating statements, other than in private conversation, wilfully promotes antisemitism by condoning, denying or downplaying the Holocaust
(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years; or
(b) is guilty of an offence punishable on summary conviction.
(2) Subsections 319(4) to (6) of the Act are replaced by the following:
Marginal note:Defences — subsection (2.1)
(3.1) No person shall be convicted of an offence under subsection (2.1)
(a) if they establish that the statements communicated were true;
(b) if, in good faith, they expressed or attempted to establish by an argument an opinion on a religious subject or an opinion based on a belief in a religious text;
(c) if the statements were relevant to any subject of public interest, the discussion of which was for the public benefit, and if on reasonable grounds they believed them to be true; or
(d) if, in good faith, they intended to point out, for the purpose of removal, matters producing or tending to produce feelings of antisemitism toward Jews.
Marginal note:Forfeiture
(4) If a person is convicted of an offence under subsection (1), (2) or (2.1) or section 318, anything by means of or in relation to which the offence was committed, on such conviction, may, in addition to any other punishment imposed, be ordered by the presiding provincial court judge or judge to be forfeited to Her Majesty in right of the province in which that person is convicted, for disposal as the Attorney General may direct.
Marginal note:Exemption from seizure of communication facilities
(5) Subsections 199(6) and (7) apply, with any modifications that the circumstances require, to subsection (1), (2) or (2.1) or section 318.
Marginal note:Consent
(6) No proceeding for an offence under subsection (2) or (2.1) shall be instituted without the consent of the Attorney General.
(3) Subsection 319(7) of the Act is amended by adding the following in alphabetical order:
- Holocaust
Holocaust means the planned and deliberate state-sponsored persecution and annihilation of European Jewry by the Nazis and their collaborators from 1933 to 1945; (Holocauste)
DIVISION 22Judges and Prothonotaries
R.S., c. J-1Judges Act
333 (1) The definitions age of retirement and survivor in section 2 of the Judges Act are replaced by the following:
- age of retirement
age of retirement of a judge or of a prothonotary means the age, fixed by law, at which the judge or prothonotary ceases to hold office; (mise à la retraite d’office)
- survivor
survivor, in relation to a judge or to a prothonotary, means a person who was married to the judge or prothonotary at the time of the judge’s or prothonotary’s death or who establishes that he or she was cohabiting with the judge or prothonotary in a conjugal relationship at the time of the judge’s or prothonotary’s death and had so cohabited for a period of at least one year. (survivant)
(2) Section 2 of the Act is amended by adding the following in alphabetical order:
- prothonotary
prothonotary means a prothonotary of the Federal Court or a prothonotary of the Tax Court of Canada and includes a supernumerary prothonotary; (protonotaire)
(3) The definition prothonotary in section 2 of the Act is repealed.
(4) Section 2 of the Act is amended by adding the following in alphabetical order:
- associate judge
associate judge means an associate judge of the Federal Court or an associate judge of the Tax Court of Canada and includes a supernumerary associate judge; (juge adjoint)
334 Section 2.1 of the Act is replaced by the following:
Marginal note:Application to prothonotaries
2.1 (1) Subject to subsection (2), sections 26 to 26.3, 34 and 39, paragraphs 40(1)(a) and (b), subsection 40(2), sections 41, 41.2 to 42, 43.1 to 56 and 57, paragraph 60(2)(b), subsections 63(1) and (2) and sections 64 to 66 also apply to a prothonotary.
Marginal note:Prothonotary who made election
(2) Sections 41.2, 41.3, 42 and 43.1 to 52.22 do not apply to a prothonotary who made an election under the Economic Action Plan 2014 Act, No. 2 to continue to be deemed to be employed in the public service for the purposes of the Public Service Superannuation Act.
335 The heading of Part I of the Act is replaced by the following:
Judges and Prothonotaries
336 Paragraphs 9(a) and (b) of the Act are replaced by the following:
(a) the Chief Justice of Canada, $435,600; and
(b) the eight puisne judges, $403,300 each.
337 Paragraphs 10(a) to (d) of the Act are replaced by the following:
(a) the Chief Justice of the Federal Court of Appeal, $371,400;
(b) the other judges of the Federal Court of Appeal, $338,800 each;
(c) the Chief Justice and the Associate Chief Justice of the Federal Court, $371,400 each; and
(d) the other judges of the Federal Court, $338,800 each.
338 Section 10.2 of the Act is replaced by the following:
Marginal note:Court Martial Appeal Court
10.2 The yearly salary of the Chief Justice of the Court Martial Appeal Court of Canada shall be $371,400.
339 Paragraphs 11(a) to (c) of the Act are replaced by the following:
(a) the Chief Justice, $371,400;
(b) the Associate Chief Justice, $371,400; and
(c) the other judges, $338,800 each.
340 The Act is amended by adding the following after section 11:
Marginal note:Tax Court of Canada prothonotaries
11.1 The yearly salaries of the prothonotaries of the Tax Court of Canada shall be 80% of the yearly salaries, calculated in accordance with section 25, of the judges referred to in paragraph 11(c).
341 Paragraphs 12(a) to (d) of the Act are replaced by the following:
(a) the Chief Justice and the Associate Chief Justice of Ontario, $371,400 each;
(b) the 14 Justices of Appeal, $338,800 each;
(c) the Chief Justice and the Associate Chief Justice of the Superior Court of Justice, $371,400 each; and
(d) the 212 other judges of the Superior Court of Justice, $338,800 each.
342 Paragraphs 13(a) to (d) of the Act are replaced by the following:
(a) the Chief Justice of Quebec, $371,400;
(b) the 19 puisne judges of the Court of Appeal, $338,800 each;
(c) the Chief Justice, the Senior Associate Chief Justice and the Associate Chief Justice of the Superior Court, $371,400 each; and
(d) the 144 puisne judges of the Superior Court, $338,800 each.
343 Paragraphs 14(a) to (d) of the Act are replaced by the following:
(a) the Chief Justice of Nova Scotia, $371,400;
(b) the seven other judges of the Court of Appeal, $338,800 each;
(c) the Chief Justice and the Associate Chief Justice of the Supreme Court, $371,400 each; and
(d) the 23 other judges of the Supreme Court, $338,800 each.
344 Paragraphs 15(a) to (d) of the Act are replaced by the following:
(a) the Chief Justice of New Brunswick, $371,400;
(b) the five other judges of the Court of Appeal, $338,800 each;
(c) the Chief Justice and the Associate Chief Justice of the Court of Queen’s Bench, $371,400 each; and
(d) the 20 other judges of the Court of Queen’s Bench, $338,800 each.
345 Paragraphs 16(a) to (d) of the Act are replaced by the following:
(a) the Chief Justice of Manitoba, $371,400;
(b) the six Judges of Appeal, $338,800 each;
(c) the Chief Justice, the Senior Associate Chief Justice and the Associate Chief Justice of the Court of Queen’s Bench, $371,400 each; and
(d) the 31 puisne judges of the Court of Queen’s Bench, $338,800 each.
346 Paragraphs 17(a) to (d) of the Act are replaced by the following:
(a) the Chief Justice of British Columbia, $371,400;
(b) the 12 Justices of Appeal, $338,800 each;
(c) the Chief Justice and the Associate Chief Justice of the Supreme Court, $371,400 each; and
(d) the 86 other judges of the Supreme Court, $338,800 each.
347 Paragraphs 18(a) to (d) of the Act are replaced by the following:
(a) the Chief Justice of Prince Edward Island, $371,400;
(b) the two other judges of the Court of Appeal, $338,800 each;
(c) the Chief Justice of the Supreme Court, $371,400; and
(d) the three other judges of the Supreme Court, $338,800 each.
348 Paragraphs 19(a) to (d) of the Act are replaced by the following:
(a) the Chief Justice of Saskatchewan, $371,400;
(b) the seven Judges of Appeal, $338,800 each;
(c) the Chief Justice and the Associate Chief Justice of the Court of Queen’s Bench, $371,400 each; and
(d) the 33 other judges of the Court of Queen’s Bench, $338,800 each.
349 Paragraphs 20(a) to (d) of the Act are replaced by the following:
(a) the Chief Justice of Alberta, $371,400;
(b) the 10 Justices of Appeal, $338,800 each;
(c) the Chief Justice and the two Associate Chief Justices of the Court of Queen’s Bench, $371,400 each; and
(d) the 70 other Justices of the Court of Queen’s Bench, $338,800 each.
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