Budget Implementation Act, 2023, No. 1 (S.C. 2023, c. 26)
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Assented to 2023-06-22
PART 4Various Measures (continued)
DIVISION 122017, c. 20, s. 451Service Fees Act (continued)
Amendments to the Act (continued)
274 Subsection 17(2) of the Act is replaced by the following:
Marginal note:Exception
(2) A fee is not adjusted by operation of subsection (1) in a fiscal year if
(a) the fee is fixed in that fiscal year before the adjustment date; or
(b) the percentage change described in subsection (1) for that fiscal year is less than 1%.
Marginal note:Adjustment — subsequent fiscal year
(3) If paragraph (2)(b) applies with respect to a fiscal year, the percentage change referred to in that paragraph is carried forward to the subsequent fiscal year. If the combined percentage change is less than 1%, the fee is not adjusted for that subsequent fiscal year and the combined percentage change is carried forward to the next subsequent fiscal year.
Marginal note:Adjustment of fee — round down
(4) The responsible authority may, in accordance with Treasury Board policies or directives, round down a fee after an adjustment under subsection (1) in a given fiscal year.
Marginal note:Anniversary date — change
(5) Despite subsection (1), the responsible authority may change the anniversary date selected in respect of a fee in accordance with Treasury Board policies or directives.
275 Section 19 of the Act is repealed.
276 (1) Section 21 of the Act is replaced by the following:
Marginal note:Report — President of Treasury Board
21 The President of the Treasury Board must, no later than March 31 of a fiscal year in which any report referred to in subsection 20(1) is tabled, make a report accessible to the public that
(a) consolidates the information set out in the tabled reports; and
(b) lists the amendments to the regulations made by the President of the Treasury Board under section 22 in that fiscal year.
(2) Section 21 of the Act is amended by striking out “and” at the end of paragraph (a), by adding “and” at the end of paragraph (b) and by adding the following after paragraph (b):
(c) lists the approvals given by the President of the Treasury Board in that fiscal year under this Act.
277 (1) Paragraph 22(2)(a) of the Act is replaced by the following:
(a) listing the fees that are considered to be low-materiality fees or the fees that are not considered to be low-materiality fees;
(a.1) setting out criteria for determining whether fees are low-materiality fees and when low-materiality fees cease to be low-materiality fees;
(2) Subsection 22(2) of the Act is amended by adding “and” at the end of paragraph (b) and by adding the following after that paragraph:
(c) establishing the factors that the President of the Treasury Board must take into account while exercising the power referred to in subsection (3).
(3) Section 22 of the Act is amended by adding the following after subsection (2):
Marginal note:Amending regulations — President of the Treasury Board
(3) The President of the Treasury Board may, by regulation, amend regulations made under paragraph (2)(a), taking into account any factors established under paragraph (2)(c).
1997, c. 6Consequential Amendment to the Canadian Food Inspection Agency Act
278 Section 25.1 of the Canadian Food Inspection Agency Act is renumbered as subsection 25.1(1) and is amended by adding the following:
Marginal note:Application of sections 16 to 18
(2) Despite subsection 22(1) of the Service Fees Act, sections 16 to 18 of that Act apply to a low-materiality fee within the meaning of that Act that is fixed under section 24 for a service or the use of a facility provided by the Agency under the Safe Food for Canadians Act or that is fixed under section 25 in respect of products, rights and privileges provided by the Agency under the Safe Food for Canadians Act.
Coming into Force
Marginal note:April 1, 2024
279 Subsections 271(2), 272(2), 273(3) and 276(2) come into force on April 1, 2024.
DIVISION 13R.S., c. C-8Canada Pension Plan
280 Section 92 of the Canada Pension Plan is amended by adding the following after subsection (2):
Marginal note:Information provided by Minister of National Revenue
(3) Despite any other Act or law, the Minister of National Revenue or any person that he or she designates may make available to the Minister a report providing information that is necessary for the purpose of policy analysis, research or evaluation related to the administration of this Act.
DIVISION 142005, c. 34, s. 1; 2013, c. 40, s. 205Department of Employment and Social Development Act
281 The Department of Employment and Social Development Act is amended by adding the following after section 8:
Marginal note:Social Insurance Numbers
8.1 The Minister 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 the Minister.
DIVISION 15R.S., c. L-2Canada Labour Code
282 (1) Subsections 206.5(2) to (4) of the Canada Labour Code are replaced by the following:
Marginal note:Leave — death of child
(2) Every employee is entitled to and shall be granted a leave of absence from employment of up to 156 weeks if the employee is the parent of a child who has died and it is probable, considering the circumstances, that the child died as a result of a crime.
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 156 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 they are charged with the crime.
(2) Paragraph 206.5(5)(b) of the Act is replaced by the following:
(b) ends 156 weeks after the day on which the death or disappearance, as the case may be, occurs.
(3) Paragraphs 206.5(6)(a) and (b) of the Act are 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 156-week period, but no later than the end of the 156-week period; or
(b) 156 weeks after the day on which the disappearance occurs if subsection (2) applies to the child.
(4) 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 156 weeks.
283 Paragraph 209.4(h) of the Act is replaced by the following:
(h) prescribing cases, other than the one set out in subsection 206.5(4), in which an employee is not entitled to a leave of absence and cases in which an employee is entitled to a leave of absence even if they are charged with the crime;
DIVISION 162001, c. 27Immigration and Refugee Protection Act (Claims for Refugee Protection)
Amendments to the Act
284 (1) Subsection 99(3) of the Immigration and Refugee Protection Act is replaced by the following:
Marginal note:Claim inside Canada
(3) A claim for refugee protection made by a person inside Canada must be made in person to an officer, must not be made by a person who is subject to a removal order, and is governed by this Part.
(2) Subsection 99(3.1) of the Act is replaced by the following:
Marginal note:Claim made inside Canada — not at port of entry
(3.1) A person inside Canada who makes a claim for refugee protection or who, before making a claim, submits any document or provides information with a view to making a claim, other than at a port of entry must provide the officer, within the time limits provided for in the regulations, with the documents and information, including in respect of the basis for the claim, required by the rules of the Board or specified by the Minister. The documents and information are to be provided in accordance with those rules and in the form and manner specified by the Minister.
Coming into Force
Marginal note:Order in council
285 Subsection 284(2) comes into force on a day to be fixed by order of the Governor in Council.
DIVISION 172001, c. 27Immigration and Refugee Protection Act (Sponsorship Applications)
286 Section 87.3 of the Immigration and Refugee Protection Act is amended by adding the following after subsection (1):
Marginal note:Clarification
(1.1) For greater certainty, this section applies to a sponsorship application made under subsection 13(1) to sponsor a person referred to in subsection 99(2).
DIVISION 182019, c. 29, s. 292College of Immigration and Citizenship Consultants Act
Amendments to the Act
287 Section 4 of the College of Immigration and Citizenship Consultants Act is amended by adding the following after paragraph (a):
(a.1) establishing and providing training and development programs for licensees;
288 Subsection 15(1) of the Act is replaced by the following:
Marginal note:Annual report
15 (1) The College must submit to the Minister, within 120 days after the end of each of its fiscal years, a report on the College’s activities during the preceding fiscal year.
289 The Act is amended by adding the following after section 39:
Marginal note:Filing decision in Federal Court
39.1 (1) The College may file in the Federal Court a certified copy of a decision made under section 38.
Marginal note:Effect of filing
(2) On the certified copy being filed, the decision becomes and may be enforced as an order of the Federal Court.
290 Section 56 of the Act is replaced by the following:
Marginal note:Responsibility for damages — directors and others
56 No action or other proceeding for damages lies or may be instituted against any of the following persons for anything done or omitted to be done in good faith in the exercise or purported exercise of any power, or in the performance or purported performance of any duty or function, conferred on that person under the Act:
(a) a current or former director of the Board;
(b) a current or former member of a committee of the College;
(c) the Registrar or a former Registrar;
(d) a current or former investigator;
(e) a current or former officer, employee, agent or mandatary of the College; and
(f) a person who is or has been engaged by the College.
291 Paragraph 57(2)(c) of the Act is replaced by the following:
(c) refer the complaint to a process of dispute resolution, on any conditions specified by the Complaints Committee, if the licensee consents.
292 (1) The portion of subsection 69(3) of the Act before paragraph (a) is replaced by the following:
Marginal note:Professional misconduct or incompetence
(3) If the Discipline Committee determines that the licensee has committed professional misconduct or was incompetent, the Committee may, in its decision, take or require one or more of the following actions as well as any other action set out in the regulations:
(2) Subsection 69(3) of the Act is amended by adding “or” at the end of paragraph (c), by striking out “or” at the end of paragraph (d) and by repealing paragraph (e).
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