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 28R.S., c. C-8Canada Pension Plan (continued)
Amendments to the Act (continued)
419 (1) The portion of paragraph (a) of the description of G in section 51.2 of the Act before the formula is replaced by the following:
(a) the lesser of 1 and the number determined by the formula
(2) The description of M7 in section 51.2 of the Act is replaced by the following:
- M7
- is the number of months in the contributor’s second additional contributory period in the year in which they were deemed to have become disabled that are before the month following the month in which they were deemed to have become disabled; and
(3) Section 51.2 of the Act is renumbered as subsection 51.2(1) and is amended by adding the following:
Marginal note:Year in which second additional contributory period begins
(2) For the purposes of the descriptions of A to F in subsection (1), if the contributor’s second additional contributory period begins in the six years before the year in which they were deemed to have become disabled, the Year’s Maximum Pensionable Earnings for the year in which their second additional contributory period begins is replaced by the prorated portion determined by the formula
A × (M ÷ 12)
where
- A
- is the Year’s Maximum Pensionable Earnings for the year in which the contributor’s second additional contributory period begins; and
- M
- is the number of months in that year that are included in the contributor’s second additional contributory period.
420 Section 53.3 of the Act is amended by adding the following after subsection (4):
Marginal note:Year in which first additional contributory period begins
(5) For the purposes of the descriptions of A to E in subsection (1), if the contributor’s first additional contributory period begins in the five years before the year in which they became a family allowance recipient, the Year’s Maximum Pensionable Earnings for the year in which their first additional contributory period begins is replaced by the prorated portion determined by the formula
A × (M ÷ 12)
where
- A
- is the Year’s Maximum Pensionable Earnings for the year in which the contributor’s first additional contributory period begins; and
- M
- is the number of months in that year that are included in the contributor’s first additional contributory period.
421 Section 53.4 of the Act is amended by adding the following after subsection (3):
Marginal note:Year in which second additional contributory period begins
(4) For the purposes of the descriptions of A to E in subsection (1), if the contributor’s second additional contributory period begins in the five years before the year in which they became a family allowance recipient,
(a) the Year’s Maximum Pensionable Earnings for the year in which their second additional contributory period begins is replaced by the prorated portion determined by the formula
A × (M ÷ 12)
where
- A
- is the Year’s Maximum Pensionable Earnings for the year in which the contributor’s second additional contributory period begins, and
- M
- is the number of months in that year that are included in the contributor’s second additional contributory period; and
(b) the Year’s Additional Maximum Pensionable Earnings for the year in which their second additional contributory period begins is replaced by the prorated portion determined by the formula
A × (M ÷ 12)
where
- A
- is the Year’s Additional Maximum Pensionable Earnings for the year in which the contributor’s second additional contributory period begins, and
- M
- is the number of months in that year that are included in the contributor’s second additional contributory period.
Coming into Force
Marginal note:Non-application — subsection 114(2) of Canada Pension Plan
422 (1) Subsection 114(2) of the Canada Pension Plan does not apply in respect of the amendments to that Act contained in this Division.
Marginal note:Order in council
(2) This Division comes into force, in accordance with subsection 114(4) of the Canada Pension Plan, on a day to be fixed by order of the Governor in Council.
DIVISION 29Medical Leave with Pay
2021, c. 27An Act to amend the Criminal Code and the Canada Labour Code
423 (1) Subsection 7(1) of An Act to amend the Criminal Code and the Canada Labour Code is amended by replacing the subsection 239(1.2) that it enacts with the following:
Marginal note:Leave with pay
(1.2) Subject to subsection (1.21) and the regulations, an employee earns, as of the first day on which this subsection applies to the employee,
(a) after completing 30 days of continuous employment with an employer, three days of medical leave of absence with pay; and
(b) following the period of 30 days referred to in paragraph (a), at the beginning of each month after completing one month of continuous employment with the employer, one day of medical leave of absence with pay.
Marginal note:Maximum of 10 days
(1.21) Subject to the regulations, an employee is entitled to earn up to 10 days of medical leave of absence with pay in a calendar year.
(2) Subsection 7(1) of the Act is amended by replacing the subsection 239(1.4) that it enacts with the following:
Marginal note:Annual carry forward
(1.4) Subject to the regulations, each day of medical leave of absence with pay that an employee does not take in a calendar year is to be carried forward to January 1 of the following calendar year and decreases, by one, the maximum number of days that can be earned in that calendar year under subsection (1.21).
(3) Subsection 7(1) of the Act is amended by replacing the subsections 239(1.6) and (2) that it enacts with the following:
Marginal note:Certificate
(2) The employer may, in writing and no later than 15 days after the return to work of an employee who has taken a medical leave of absence of at least five consecutive days, require the employee to provide a certificate issued by a health care practitioner certifying that the employee was incapable of working for the period of their medical leave of absence.
(4) Subsection 7(2) of the Act is amended by amending the subsection 239(13) that it enacts by striking out “and” at the end of paragraph (a) and by replacing paragraph (b) with the following:
(b) modifying subsection (1.2), (1.21) or (1.4) if, in the opinion of the Governor in Council, employees or classes of employees will, despite the modification, earn periods of medical leave of absence with pay that are substantially equivalent to the period provided for in subsection (1.21); and
(c) providing for employees or classes of employees to earn periods of medical leave of absence with pay other than in accordance with subsection (1.2) if, in the opinion of the Governor in Council, the periods of medical leave of absence with pay are substantially equivalent to the period provided for in subsection (1.21).
(5) Subsection 7(2) of the Act is amended by adding, after the subsection 239(13) that it enacts, the following:
Marginal note:Application of section 189
(14) Section 189 applies for the purposes of this Division.
424 The Act is amended by adding the following after section 7:
7.1 The Act is amended by adding the following after section 239:
Marginal note:Application — 100 or more employees
239.001 The provisions of this Division respecting the medical leave of absence with pay apply to an employer and its employees beginning on the first day on which, as of the day on which this section comes into force, the employer has 100 or more employees, even if the number of employees falls below 100 after that first day.
425 (1) Subsection 8(2) of the Act is replaced by the following:
Marginal note:Order in council or December 1, 2022
(2) Sections 6 and 7 come into force on a day to be fixed by order of the Governor in Council, but no later than December 1, 2022.
(2) Section 8 of the Act is amended by adding the following after subsection (3):
Marginal note:Order in council
(4) Section 7.1 comes into force on a day to be fixed by order of the Governor in Council.
R.S., c. L-2Related Amendment to the Canada Labour Code
426 Section 239.001 of the Canada Labour Code is repealed.
Transitional Provision
Marginal note:Personal leave
427 Paragraph 206.6(1)(a) of the Canada Labour Code, as it read immediately before the day on which section 6 of An Act to amend the Criminal Code and the Canada Labour Code, chapter 27 of the Statutes of Canada, 2021, comes into force, continues to apply to every employer and its employees to which section 239.001 of the Canada Labour Code, as enacted by section 7.1 of An Act to amend the Criminal Code and the Canada Labour Code, chapter 27 of the Statutes of Canada, 2021, does not apply, until the day on which section 426 of this Act comes into force.
Coordinating Amendments
Marginal note:2021, c. 27
428 (1) In this section, other Act means An Act to amend the Criminal Code and the Canada Labour Code, chapter 27 of the Statutes of Canada, 2021.
(2) If section 7 of the other Act comes into force before section 423 of this Act, then
(a) sections 423 to 427 and 429 of this Act are deemed never to have come into force and are repealed;
(b) subsection 239(1.2) of the Canada Labour Code is replaced by the following:
Marginal note:Leave with pay
(1.2) Subject to subsection (1.21) and the regulations, an employee earns, as of the day on which this subsection comes into force,
(a) after completing 30 days of continuous employment with an employer, three days of medical leave of absence with pay; and
(b) following the period of 30 days referred to in paragraph (a), at the beginning of each month after completing one month of continuous employment with the employer, one day of medical leave of absence with pay.
Marginal note:Maximum of 10 days
(1.21) Subject to the regulations, an employee is entitled to earn up to 10 days of medical leave of absence with pay in a calendar year.
(c) subsection 239(1.4) of the Canada Labour Code is replaced by the following:
Marginal note:Annual carry forward
(1.4) Subject to the regulations, each day of medical leave of absence with pay that an employee does not take in a calendar year is to be carried forward to January 1 of the following calendar year and decreases, by one, the maximum number of days that can be earned in that calendar year under subsection (1.21).
(d) subsections 239(1.6) and (2) of the Canada Labour Code are replaced by the following:
Marginal note:Certificate
(2) The employer may, in writing and no later than 15 days after the return to work of an employee who has taken a medical leave of absence of at least five consecutive days, require the employee to provide a certificate issued by a health care practitioner certifying that the employee was incapable of working for the period of their medical leave of absence.
(e) subsection 239(13) of the Canada Labour Code is amended by striking out “and” at the end of paragraph (a) and by replacing paragraph (b) with the following:
(b) modifying subsection (1.2), (1.21) or (1.4) if, in the opinion of the Governor in Council, employees or classes of employees will, despite the modification, earn periods of medical leave of absence with pay that are substantially equivalent to the period provided for in subsection (1.21); and
(c) providing for employees or classes of employees to earn periods of medical leave of absence with pay other than in accordance with subsection (1.2) if, in the opinion of the Governor in Council, the periods of medical leave of absence with pay are substantially equivalent to the period provided for in subsection (1.21).
(f) section 239 of the Canada Labour Code is amended by adding the following after subsection (13):
Marginal note:Application of section 189
(14) Section 189 applies for the purposes of this Division.
(3) If section 423 of this Act comes into force on the same day as section 7 of the other Act, then that section 423 is deemed to have come into force before that section 7.
Coming into Force
Marginal note:Order in council
429 Section 426 comes into force on a day to be fixed by order of the Governor in Council.
DIVISION 30R.S., c. C-44; 1994, c. 24, s. 1(F)Canada Business Corporations Act
Amendments to the Act
430 Subsection 21.1(7) of the Canada Business Corporations Act is replaced by the following:
Marginal note:Non-application
(7) This section does not apply to a corporation
(a) that is a reporting issuer or an émetteur assujetti under an Act of the legislature of a province relating to the regulation of securities;
(b) any of the securities of which are listed and posted for trading on a designated stock exchange, as defined in subsection 248(1) of the Income Tax Act; or
(c) that is a member of a prescribed class.
431 The Act is amended by adding the following after section 21.2:
Marginal note:Sending of information to Director
21.21 (1) A corporation to which section 21.1 applies shall
(a) on an annual basis, send to the Director the information in its register of individuals with significant control over the corporation, in the form and within the period that the Director fixes; and
(b) within 15 days after the day on which it records information under subsection 21.1(3), send the information to the Director, in the form that the Director fixes.
Marginal note:Sending of information — certificates issued
(2) On or after the date shown on a certificate referred to in section 8, subsection 185(4) or 187(4), a corporation to which section 21.1 applies shall send to the Director the information referred to in paragraphs 21.1(1)(a) to (f) in relation to individuals with significant control over the corporation, in the form and within the period that the Director fixes.
Marginal note:Period for keeping and producing information
(3) The Director is not required to keep or produce any information received under subsection (1) or (2) after the end of the six-year period following the day on which it is received.
432 The Act is amended by adding the following after section 21.3:
Marginal note:Provision of information by Director
21.301 The Director may provide all or part of the information received under section 21.21 to an investigative body referred to in subsection 21.31(2), the Financial Transactions and Reports Analysis Centre of Canada or any prescribed entity.
433 Section 266 of the Act is replaced by the following:
Marginal note:Inspection
266 (1) A person who has paid the required fee is entitled during usual business hours to examine a document required by this Act or the regulations to be sent to the Director, except any information sent under section 21.21 and a report sent to the Director under subsection 230(2), and to make copies of or extracts from it.
Marginal note:Copies or extracts
(2) The Director shall furnish any person with a copy, extract, certified copy or certified extract of a document required by this Act or the regulations to be sent to the Director, except any information sent under section 21.21 and a report sent under subsection 230(2).
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