Fall Economic Statement Implementation Act, 2023 (S.C. 2024, c. 15)
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Assented to 2024-06-20
PART 5Various Measures (continued)
DIVISION 2Leave Related to Pregnancy Loss and Bereavement Leave (continued)
R.S., c. L-2Canada Labour Code (continued)
203 Subsection 246.1(1) of the Act is amended by adding the following after paragraph (a):
(a.1) the employer has taken action against the employee in contravention of paragraph 210.5(a) or (b);
2021, c. 27An Act to amend the Criminal Code and the Canada Labour Code
204 (1) Section 6.1 of An Act to amend the Criminal Code and the Canada Labour Code is amended by replacing the subsection 210(1) that it enacts with the following:
Marginal note:Employee entitled
210 (1) Except when subsection (1.01) applies, every employee is entitled to and shall be granted, in the event of the death of a member of their immediate family or a family member in respect of whom the employee is, at the time of the death, on leave under section 206.3 or 206.4, a leave of absence from employment of up to 10 days that may be taken during the period that begins on the day on which the death occurs and ends six weeks after the latest of the days on which any funeral, burial or memorial service of that deceased person occurs.
(2) Section 6.1 of the Act is amended by replacing the subsections 210(1.02) and (1.03) that it enacts with the following:
Marginal note:Definition of child
(1.02) In subsection (1.01), child means
(a) a person who is under 18 years of age; or
(b) a person in respect of whom the employee or their spouse or common-law partner, as the case may be, is entitled to the Canada caregiver credit under paragraph 118(1)(d) of the Income Tax Act.
205 Subsection 8(3) of the Act is replaced by the following:
Marginal note:Section 6.1
(3) Section 6.1 comes into force on the day on which section 198 of the Fall Economic Statement Implementation Act, 2023 comes into force.
Transitional Provision
Marginal note:Subsection 210(1.3)
206 Subsection 210(1.3) of the Canada Labour Code, as enacted by subsection 201(1), applies only with respect to leaves under section 210 of that Act that begin on or after the day on which that subsection 201(1) comes into force.
Coordinating Amendments
Marginal note:2021, c. 27
207 (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 6.1 of the other Act comes into force before section 204 of this Act, then
(a) sections 204 and 205 of this Act are deemed never to have come into force and are repealed;
(b) subsection 210(1) of the Canada Labour Code is replaced by the following:
Marginal note:Employee entitled
210 (1) Except when subsection (1.01) applies, every employee is entitled to and shall be granted, in the event of the death of a member of their immediate family or a family member in respect of whom the employee is, at the time of the death, on leave under section 206.3 or 206.4, a leave of absence from employment of up to 10 days that may be taken during the period that begins on the day on which the death occurs and ends six weeks after the latest of the days on which any funeral, burial or memorial service of that deceased person occurs.
(c) subsections 210(1.02) and (1.03) of the Canada Labour Code are replaced by the following:
Marginal note:Definition of child
(1.02) In subsection (1.01), child means
(a) a person who is under 18 years of age; or
(b) a person in respect of whom the employee or their spouse or common-law partner, as the case may be, is entitled to the Canada caregiver credit under paragraph 118(1)(d) of the Income Tax Act.
(3) If section 6.1 of the other Act and section 204 of this Act come into force on the same day, then that section 204 is deemed to have come into force before that section 6.1.
Coming into Force
Marginal note:540th day or order in council
208 Sections 197 to 203 come into force on the 540th day after the day on which this Act receives royal assent or on an earlier day to be fixed by order of the Governor in Council.
DIVISION 3Canada Water Agency Act
Enactment of Act
Marginal note:Enactment
209 The Canada Water Agency Act is enacted as follows:
An Act respecting the Canada Water Agency
Preamble
Whereas the Government of Canada recognizes the importance of taking action to respond to the growing challenges threatening the health and sustainable management of freshwater ecosystems;
Whereas the Government of Canada wishes to foster collaboration with respect to freshwater issues;
Whereas the Government of Canada wishes to contribute to the protection, conservation and restoration of the quality of fresh water and the health of freshwater ecosystems in Canada and to take other collaborative measures, including the development of policy and the promotion of sound governance with respect to fresh water, as well as the improvement of the ease of access to and use of relevant data;
Whereas the Government of Canada recognizes the importance of relying on scientific knowledge related to fresh water and of relying, through cooperation with the Indigenous peoples of Canada, on Indigenous knowledge related to fresh water;
Whereas the Government of Canada wishes to coordinate federal policies and programs with respect to freshwater issues;
Whereas the Government of Canada is committed, in the course of exercising and performing its powers, duties and functions with respect to fresh water, to fostering reconciliation with the Indigenous peoples of Canada and to ensuring respect for their rights recognized and affirmed under section 35 of the Constitution Act, 1982;
Whereas the Government of Canada is committed to implementing the United Nations Declaration on the Rights of Indigenous Peoples;
Whereas the Government of Canada is committed to promoting cooperation with respect to freshwater issues with provincial and territorial governments and the Indigenous peoples of Canada;
Whereas the Government of Canada wishes to promote cooperation with respect to freshwater issues with foreign governments, international organizations and interested persons and organizations;
And whereas the Government of Canada considers that the creation of the Canada Water Agency will contribute to the coordination of federal efforts to promote sustainable freshwater management;
Now, therefore, His Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Short Title
Marginal note:Short title
1 This Act may be cited as the Canada Water Agency Act.
Definitions
Marginal note:Definitions
2 The following definitions apply in this Act.
- Agency
Agency means the Canada Water Agency established by section 3. (Agence)
- Minister
Minister means the Minister of the Environment. (ministre)
- President
President means the President of the Agency appointed under section 7. (président)
Canada Water Agency
Marginal note:Establishment
3 The Canada Water Agency is established for the purpose of assisting the Minister in exercising or performing the Minister’s powers, duties and functions in relation to fresh water under any Act of Parliament, including the Department of the Environment Act and the Canada Water Act.
Marginal note:Head office
4 The head office of the Agency is to be at a place in Canada that is designated by the Governor in Council.
Marginal note:Minister to preside
5 The Minister presides over the Agency and has the management and direction of it.
Marginal note:Delegation to Agency
6 (1) The Minister may, subject to any terms and conditions that the Minister specifies, delegate to an officer or employee of the Agency any power, duty or function that the Minister is authorized to exercise or perform under any Act of Parliament in relation to fresh water.
Marginal note:Restriction
(2) However, the Minister is not authorized to delegate a power to make regulations or a power to delegate under subsection (1).
President
Marginal note:Appointment
7 The President of the Agency is to be appointed by the Governor in Council to hold office during pleasure for a renewable term of up to five years.
Marginal note:Chief executive officer
8 The President is the chief executive officer of the Agency and has the rank and status of a deputy head of a department.
Marginal note:Remuneration
9 The President is to be paid the remuneration fixed by the Governor in Council.
General Provisions
Marginal note:Officers and employees
10 The officers and employees necessary for the proper conduct of the work of the Agency are to be appointed in accordance with the Public Service Employment Act.
Marginal note:Other government services and facilities
11 (1) A department, board or agency of the Government of Canada may provide to the Agency services and facilities that are necessary for carrying out the Agency’s purpose.
Marginal note:Use of services and facilities
(2) In exercising its powers and performing its duties and functions, the Agency must, where appropriate, make use of those services and facilities.
Marginal note:Provision of services and facilities
12 The Agency may provide services and facilities to departments, boards and agencies of the Government of Canada.
Marginal note:Committees
13 (1) The Minister may establish advisory committees in relation to fresh water and provide for their membership, duties, functions and operation.
Marginal note:Remuneration
(2) The Minister may fix the remuneration that members of a committee are to be paid for the performance of their duties and functions.
Marginal note:Reimbursement
(3) The Minister may determine whether members of a committee are to be reimbursed for the travel, living and other expenses incurred in the performance of their duties and functions while absent from their ordinary place of residence. Any such reimbursement is to be paid in accordance with Treasury Board directives.
Transitional Provisions
Marginal note:Definitions
14 The following definitions apply in sections 15 to 18.
- former agency
former agency means the portion of the federal public administration, within the Department of the Environment, known as the Canada Water Agency. (ancienne agence)
- new agency
new agency means the Canada Water Agency established by section 3. (nouvelle agence)
Marginal note:Position
15 (1) Nothing in this Act is to be construed as affecting the status of an employee who, immediately before the coming into force of this section, occupied a position in the former agency, except that the employee, on that coming into force, is to occupy that position in the new agency.
Marginal note:Definition of employee
(2) In subsection (1), employee has the same meaning as in subsection 2(1) of the Public Service Employment Act.
Marginal note:Appropriations
16 Any amount that is appropriated by an Act of Parliament, for the fiscal year in which this section comes into force, to defray the expenditures of the former agency and that is unexpended on the day on which this section comes into force is deemed to be an amount appropriated to defray the expenditures of the new agency.
Marginal note:Transfer of powers, duties and functions
17 Any power, duty or function that is exercisable by an officer or employee of the former agency under any Act, order, rule or regulation or under any contract, lease, licence or other document, is to be exercised by the appropriate officer or employee of the new agency.
Marginal note:Clarification
18 For greater certainty, the powers, duties and functions referred to in section 17 include those related to the administration, in whole or in part, of any contract, lease, licence or other document that relates to the activities, management or operation of the former agency.
Consequential Amendments
R.S., c. A-1Access to Information Act
210 Schedule I to the Access to Information Act is amended by adding the following, in alphabetical order, under the heading “Other Government Institutions”:
Canada Water Agency
Agence canadienne de l’eau
R.S., c. F-11Financial Administration Act
211 Schedule I.1 to the Financial Administration Act is amended by adding, in alphabetical order in column I, a reference to
Canada Water Agency
Agence canadienne de l’eau
and a corresponding reference in column II to “Minister of the Environment.”
212 Schedule IV to the Act is amended by adding the following in alphabetical order:
Canada Water Agency
Agence canadienne de l’eau
213 Part II of Schedule VI to the Act is amended by adding, in alphabetical order in column I, a reference to
Canada Water Agency
Agence canadienne de l’eau
and a corresponding reference in column II to “President.”
R.S., c. P-21Privacy Act
214 The schedule to the Privacy Act is amended by adding the following, in alphabetical order, under the heading “Other Government Institutions”:
Canada Water Agency
Agence canadienne de l’eau
R.S., c. P-36Public Service Superannuation Act
215 Part I of Schedule I to the Public Service Superannuation Act is amended by adding the following in alphabetical order:
Canada Water Agency
Agence canadienne de l’eau
Coming into Force
Marginal note:Order in council
216 The provisions of the Canada Water Agency Act, as enacted by section 209, and sections 210 to 215, come into force on a day or days to be fixed by order of the Governor in Council.
DIVISION 41997, c. 13; 2018, c. 9, s. 2Tobacco and Vaping Products Act
217 The Tobacco and Vaping Products Act is amended by adding the following after section 42:
PART V.01Fees and Charges
Marginal note:Regulations by Minister
42.1 (1) The Minister may make regulations respecting fees or charges to be paid by manufacturers for the purpose of recovering the costs incurred by His Majesty in right of Canada in relation to the carrying out of the purpose of this Act, including regulations
(a) fixing the fees or charges or providing for the manner of calculating them;
(b) requiring manufacturers to submit to the Minister information for the calculation of the fees or charges and prescribing the information that manufacturers must submit as well as the form and manner in which and the time within which the information must be submitted;
(c) respecting the payment of the fees or charges, including the time and manner of payment;
(d) respecting, for the purposes of section 42.13, the information that the Minister must make available to the public, including
(i) the name of each manufacturer who is required to pay the fees or charges,
(ii) information relating to whether each manufacturer has paid the fees or charges,
(iii) information relating to whether each manufacturer has submitted the information required under this Part, and
(iv) information relating to the measures taken in respect of each manufacturer who has failed to pay the fees or charges or submit the information required under this Part; and
(e) prescribing anything that by this Part is to be prescribed.
Marginal note:Consultation
(2) Before making regulations, the Minister must consult with any persons or entities that the Minister considers to be interested in the matter.
Marginal note:Remission
42.11 (1) The Minister may, by order, remit all or part of any fee or charge provided for under this Part or the interest on it.
Marginal note:Remission may be conditional
(2) A remission may be conditional.
Marginal note:Conditional remission
(3) If a remission is conditional and the condition is not fulfilled, then the remission is cancelled and is deemed never to have been granted.
Marginal note:Documents to be kept
42.12 (1) Every manufacturer must keep, in the prescribed manner and for the prescribed time, all documents that they used in order to submit the information required under this Part to the Minister.
Marginal note:Keeping and providing documents
(2) The manufacturer must keep the documents at their place of business in Canada or at any prescribed place and must, on written request, provide them to the Minister.
Marginal note:Public disclosure by Minister
42.13 The Minister must make available to the public, within the prescribed time, the information relating to the fees and charges provided for under this Part that is required by the regulations.
Marginal note:Debt to His Majesty
42.14 (1) Any fees or charges payable under this Part constitute a debt due to His Majesty in right of Canada that may be recovered in a court of competent jurisdiction.
Marginal note:Limitation period or prescription
(2) No proceedings to recover a debt due to His Majesty in right of Canada under subsection (1) may be commenced later than five years after the day on which the debt became payable.
Marginal note:Certificate of default
42.15 (1) Any debt that may be recovered under subsection 42.14(1) in respect of which there is a default of payment, or the part of any such debt that has not been paid, may be certified by the Minister.
Marginal note:Judgment
(2) On production to the Federal Court, a certificate made under subsection (1) must be registered in that Court and, when registered, has the same force and effect, and all proceedings may be taken on the certificate, as if it were a judgment obtained in that Court for a debt of the amount specified in the certificate and all reasonable costs and charges attendant in the registration of the certificate.
Marginal note:Prohibition on sale
42.16 (1) The Minister may, by order, prohibit the sale of a tobacco product or vaping product by a manufacturer who fails to pay the fees or charges payable under this Part or submit the information required under this Part.
Marginal note:Statutory Instruments Act
(2) An order made under subsection (1) is not a statutory instrument within the meaning of the Statutory Instruments Act.
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