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Budget Implementation Act, 2023, No. 1 (S.C. 2023, c. 26)

Assented to 2023-06-22

PART 4Various Measures (continued)

DIVISION 34R.S., c. C-46Criminal Code (continued)

Transitional Provisions

Marginal note:Words and expressions

 The words and expressions used in sections 614 and 615 have the same meaning as in sections 347 and 347.1 of the Criminal Code.

Marginal note:Subsection 347(1) of Criminal Code

 For the purposes of subsection 347(1) of the Criminal Code, the definition criminal rate in subsection 347(2) of that Act, as it reads on the day on which subsection 610(1) comes into force, does not apply in respect of any receipt of a payment or partial payment of interest that, on or after that day, is interest at a criminal rate, if the payment arises from an agreement or arrangement to receive interest that was entered into before that day and the interest that arises from that agreement or arrangement would not have been at a criminal rate, as defined in subsection 347(2) of the Criminal Code, as that subsection 347(2) read before that day.

Marginal note:Paragraph 347.1(2)(a.1) of Criminal Code

 Paragraph 347.1(2)(a.1) of the Criminal Code, as it reads on the day on which subsection 612(1) comes into force, does not apply to a person who

  • (a) entered into a payday loan agreement to receive interest before that day; or

  • (b) on or after that day, receives any payment or partial payment of interest, if the payment arises from a payday loan agreement to receive interest that was entered into before that day.

Coming into Force

Marginal note:Order in council

 Sections 610 to 612 come into force on a day or days to be fixed by order of the Governor in Council.

DIVISION 351996, c. 23 Employment Insurance Act

 Subparagraph 12(2.3)(a)(i) of the Employment Insurance Act is replaced by the following:

  • (i) the date on which a benefit period for the claimant is established falls within the period beginning on September 26, 2021 and ending on October 26, 2024,

DIVISION 361999, c. 33Canadian Environmental Protection Act, 1999

Amendments to the Act

  •  (1) Subsections 272.2(3) and (4) of the Canadian Environmental Protection Act, 1999 are replaced by the following:

    • Marginal note:Compliance units

      (3) If a person is convicted of an offence under subsection (1) by reason of having failed to comply with a provision that requires the remission or the cancellation of compliance units described in regulations made under section 326, the court shall, in addition to any other punishment that may be imposed under that subsection, make an order requiring the person to remit or cancel compliance units of the type and number determined in accordance with regulations made under subsection (4) or, if there are no regulations made under subsection (4), in accordance with subsection (5). In the case of an order to remit, the court shall specify in the order the name of the person or entity to whom the compliance units are to be remitted.

    • Marginal note:Regulations

      (4) The Governor in Council may make regulations prescribing the types of compliance units described in regulations made under section 326 that a person may be required to remit or cancel in an order made under subsection (3) and the manner of determining the number of those compliance units that the person may be required to remit or cancel.

  • (2) Subsection 272.2(5) of the English version of the Act is replaced by the following:

    • Marginal note:Absence of regulations

      (5) If there are no regulations made under subsection (4), the court shall require the person to remit or cancel compliance units of a type and in the number that, in the court’s opinion, the person failed to remit or cancel.

 Paragraph 322(b) of the Act is replaced by the following:

  • (b) compliance units.

  •  (1) The portion of section 326 of the Act before paragraph (a) is replaced by the following:

    Marginal note:Regulations for compliance units systems

    326 The Governor in Council may, in the exercise of a regulation-making power under section 93, 118, 140, 167, 177 or 209, make regulations respecting systems relating to compliance units, including regulations providing for, or imposing requirements respecting,

  • (2) Paragraph 326(c) of the Act is replaced by the following:

    • (c) the description and nature of a compliance unit, including allowances, credits or coupons;

  • (3) Paragraph 326(d) of the French version of the Act is replaced by the following:

    • d) à des fins de comparaison et de contrôle, le seuil et le plafond du mécanisme et la façon de les établir;

  • (4) Paragraph 326(e) of the Act is replaced by the following:

    • (e) the conditions related to the creation, distribution, trade, sale, use, variation or cancellation of a compliance unit;

  • (5) Paragraph 326(g) of the French version of the Act is replaced by the following:

    • g) les conditions d’adhésion et de participation au mécanisme, et notamment les restrictions d’environnement ou de temps;

 The portion of section 327 of the Act before paragraph (a) is replaced by the following:

Marginal note:Ministerial orders

327 Despite any regulation made under section 326, the Minister may issue an order setting conditions in respect of the trading or suspend or cancel trading of compliance units or invalidate any trade of compliance units if the Ministers are of the opinion that the trade or use of a compliance unit

 The Act is amended by adding the following after section 327:

Marginal note:Environmental Economic Instruments Fund

  • 327.1 (1) There is established an account in the accounts of Canada to be called the Environmental Economic Instruments Fund, consisting of a sub-account for each funding program that meets the following conditions:

    • (a) its purpose is provided for in a regulation made under section 326 and any of sections 93, 118, 140, 167, 177 and 209; and

    • (b) it is under the responsibility of the Minister.

  • Marginal note:Amounts paid into C.R.F.

    (2) The amounts received by His Majesty in right of Canada as contributions to a funding program referred to in subsection (1) are to be paid into the Consolidated Revenue Fund and credited to the sub-account for that program.

  • Marginal note:Interest

    (3) The Minister of Finance shall cause to be credited to each sub-account an amount representing interest, calculated in the manner and at the rate determined by the Governor in Council on the recommendation of that Minister, on the amount standing to the credit of that sub-account.

  • Marginal note:Amounts paid out of C.R.F.

    (4) On the Minister’s request, one or more amounts not exceeding in total the amount standing in the sub-account for a funding program referred to in subsection (1), including interest, may be paid out of the Consolidated Revenue Fund for the purpose for which that funding program was established. The amount of all such payments is to be charged to that sub-account.

  • Marginal note:Administration of Fund

    (5) The Minister is responsible for the administration of the Environmental Economic Instruments Fund.

  • Marginal note:Use of amounts

    (6) Amounts credited to a sub-account for a funding program referred to in subsection (1) may be used for the administration of that sub-account.

  • Marginal note:Designation

    (7) The Minister may, by order, designate any person or class of persons to exercise the powers and perform the duties and functions set out in subsections (4) and (5).

2005, c. 30, s. 87Consequential Amendments to the Canada Emission Reduction Incentives Agency Act

  •  (1) The definition compliance unit in section 2 of the Canada Emission Reduction Incentives Agency Act is repealed.

  • (2) The definitions eligible domestic credit and eligible Kyoto unit in section 2 of the Act are replaced by the following:

    eligible domestic credit

    eligible domestic credit means a compliance unit that is of an eligible class designated by order made under paragraph 3(a). (crédit national admissible)

    eligible Kyoto unit

    eligible Kyoto unit means any compliance unit within the meaning of the Kyoto Protocol that is of an eligible class designated by order made under paragraph 3(b). (unité Kyoto admissible)

 Paragraphs 3(a) and (b) of the Act are replaced by the following:

  • (a) as an eligible class for the purposes of the definition eligible domestic credit in section 2, any class of compliance units issued under any program or measure established under section 322 of the Canadian Environmental Protection Act, 1999; and

  • (b) as an eligible class for the purposes of the definition eligible Kyoto unit in section 2, any class of compliance unit within the meaning of the Kyoto Protocol.

DIVISION 37R.S., c. C-3Canada Deposit Insurance Corporation Act

Amendments to the Act

 The Canada Deposit Insurance Corporation Act is amended by adding the following after section 10:

Marginal note:For greater certainty — deposit insurance contracts

10.001 For greater certainty, the Corporation may administer any contract related to deposit insurance that the Minister enters into with any entity under section 60.2 of the Financial Administration Act.

  •  (1) Paragraph 12(c) of the Act is replaced by the following:

    • (c) so much of any one deposit as exceeds the amount set out in subsection 12.01(1).

  • (2) Paragraph 12(c) of the Act is replaced by the following:

    • (c) so much of any one deposit as exceeds one hundred thousand dollars.

 The Act is amended by adding the following after section 12:

Marginal note:Amount

  • 12.01 (1) The amount referred to in paragraph 12(c) is one hundred thousand dollars, unless the Minister, with the Governor in Council’s authorization, determines a greater amount, in which case the amount referred to in that paragraph is the amount that the Minister determines.

  • Marginal note:Stability or efficiency of financial system

    (2) The Minister may determine an amount under subsection (1) only if, in the Minister’s opinion, it is necessary to promote the stability or maintain the efficiency of the financial system in Canada.

  • Marginal note:Consultation

    (3) Before determining an amount under subsection (1), the Minister shall consult the Governor of the Bank of Canada, the Superintendent, the President and Chief Executive Officer of the Corporation and the Commissioner of the Financial Consumer Agency of Canada.

  • Marginal note:Publication in Canada Gazette

    (4) As soon as feasible after determining an amount under subsection (1), the Minister shall publish the amount in the Canada Gazette.

  • Marginal note:Report

    (5) Every month during which the amount referred to in paragraph 12(c) is the amount that the Minister determines, the Minister shall publish a report and cause it to be tabled in each House of Parliament.

 Section 12.01 of the Act is repealed.

Review and Report

Marginal note:Review

 After April 30, 2024, the Minister of Finance must undertake a review of section 12.01 of the Canada Deposit Insurance Corporation Act, as that section reads on April 30, 2024. The Minister must publish a report on the review.

Coming into Force

Marginal note:April 30, 2024

 Subsection 626(2) and section 628 come into force on April 30, 2024.

DIVISION 38Employment Insurance Board of Appeal

2005, c. 34; 2013, c. 40, s. 205Department of Employment and Social Development Act

 Section 2 of the Department of Employment and Social Development Act is amended by adding the following in alphabetical order:

Board of Appeal

Board of Appeal means the Employment Insurance Board of Appeal established under section 43.01. (Conseil d’appel)

 

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