Budget Implementation Act, 2024, No. 1 (S.C. 2024, c. 17)
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Assented to 2024-06-20
PART 4Various Measures (continued)
DIVISION 282019, c. 28, s. 1Impact Assessment Act (continued)
Transitional Provisions (continued)
Marginal note:Regional assessments — Agency report not provided
310 (1) If the Agency, having been authorized by the Minister before the commencement day to conduct an assessment described in section 92 or 93 of the amended Act, has not, before that day, provided a report to the Minister in respect of the assessment,
(a) the Agency is deemed, as of that day, to be authorized under section 92 or 93 of the amended Act, as the case may be, to conduct an assessment; and
(b) everything that was done in respect of the assessment before that day by or in respect of the Agency is, if it may or must be done under the amended Act, deemed, as of that day, to have been done under the amended Act.
Marginal note:Regional assessments — Agency report provided
(2) If the Agency, having been authorized by the Minister to conduct an assessment described in section 92 or 93 of the amended Act, has, before the commencement day, provided a report to the Minister in respect of the assessment, the report is deemed to be a report provided under subsection 102(1) of the amended Act.
Marginal note:Strategic assessments — committee report not provided
311 (1) If a committee established by the Minister before the commencement day to conduct an assessment described in section 95 of the amended Act has not, before that day, provided a report to the Minister in respect of the assessment,
(a) the committee is deemed, on that day, to be established in accordance with section 95 of the amended Act; and
(b) everything that was done in respect of that assessment before that day by or in respect of the committee is, if it may or must be done under the amended Act, deemed, as of that day, to have been done under the amended Act.
Marginal note:Strategic assessments — committee report provided
(2) If a committee established by the Minister to conduct an assessment described in section 95 of the amended Act has, before the commencement day, provided a report to the Minister in respect of the assessment, the report is deemed to be a report provided under subsection 102(1) of the amended Act.
Marginal note:Strategic assessments — Agency report not provided
312 (1) If the Agency, having been authorized by the Minister before the commencement day to conduct an assessment described in section 95 of the amended Act, has not, before that day, provided a report to the Minister in respect of the assessment,
(a) the Agency is deemed, as of that day, to be authorized under section 95 of the amended Act to conduct that assessment; and
(b) everything that was done in respect of that assessment before that day by or in respect of the Agency is, if it may or must be done under the amended Act, deemed, as of that day, to have been done under the amended Act.
Marginal note:Strategic assessments — Agency report provided
(2) If the Agency, having been authorized by the Minister to conduct an assessment described in section 95 of the amended Act, has, before the commencement day, provided a report to the Minister in respect of the assessment, the report is deemed to be a report provided under subsection 102(1) of the amended Act.
Marginal note:Time limit — response to request for assessment
313 Despite section 8 of the Information and Management of Time Limits Regulations, for the purpose of subsection 97(1) of the amended Act, if, in respect of a request that an assessment described in section 92, 93 or 95 of the amended Act be conducted, the Minister has not responded before the commencement day, the Minister must respond within 90 days after that day.
Marginal note:Agreements or arrangements
314 (1) Any agreement or arrangement described in paragraph 114(1)(c) or (f) of the amended Act that was entered into by the Minister before the commencement day is deemed, as of that day, to be an agreement or arrangement entered into under paragraph 114(1)(c) or (f) of the amended Act, as the case may be.
Marginal note:International agreements or arrangements
(2) Any agreement or arrangement described in subsection 114(2) of the amended Act that was entered into by the Minister and the Minister of Foreign Affairs before the commencement day is deemed, as of that day, to be an agreement or arrangement entered into under subsection 114(2) of the amended Act.
Marginal note:Non-application
(3) Subsection 114(3) of the amended Act does not apply in respect of the agreements or arrangements referred to in subsections (1) and (2).
Marginal note:Cost Recovery Regulations
315 The Cost Recovery Regulations, as they read on August 27, 2019, registered as SOR/2012-146, are deemed to be made by the Governor in Council, under section 109 of the amended Act, on the commencement day.
Marginal note:Physical Activities Regulations
316 The Physical Activities Regulations, as published in the Canada Gazette, Part II, on August 21, 2019 but with the amendments set out in section 93 of the Cross-border Movement of Hazardous Waste and Hazardous Recyclable Material Regulations, as published in the Canada Gazette, Part II, on March 17, 2021, and section 1 of the Regulations Amending and Repealing Certain Department of the Environment Regulations (Miscellaneous Program), as published in the Canada Gazette, Part II, on April 12, 2023, are deemed
(a) to be made by the Governor in Council, under sections 109 and 188 of the amended Act, on the commencement day;
(b) to be registered as SOR/2019-285;
(c) to designate physical activities, or classes of physical activities, the carrying out of which may, in the Governor in Council’s opinion, cause adverse effects within federal jurisdiction or direct or incidental adverse effects; and
(d) despite section 5 of the Physical Activities Regulations, as so published, to come into force on the commencement day.
Marginal note:Information and Management of Time Limits Regulations
317 The Information and Management of Time Limits Regulations, as published in the Canada Gazette, Part II, on August 21, 2019, are deemed
(a) to be made by the Minister, under section 112 of the amended Act, on the commencement day;
(b) to be registered as SOR/2019-283; and
(c) despite section 10 of the Information and Management of Time Limits Regulations, as so published, to come into force on the commencement day.
Marginal note:Regulations Respecting Excluded Physical Activities (Newfoundland and Labrador Offshore Exploratory Wells)
318 (1) The Regulations Respecting Excluded Physical Activities (Newfoundland and Labrador Offshore Exploratory Wells), as posted on the Internet site on June 4, 2020, are deemed
(a) to be made by the Minister, under paragraph 112(1)(a.2) of the amended Act, on the commencement day; and
(b) despite section 4 of the Regulations Respecting Excluded Physical Activities (Newfoundland and Labrador Offshore Exploratory Wells), as so posted, to come into force on the commencement day.
(2) The Minister is deemed, for the purpose of subsection 112(2) of the amended Act, to have considered an assessment described in section 92 or 93 of the amended Act that is in relation to the physical activities or classes of physical activities designated in the Regulations Respecting Excluded Physical Activities (Newfoundland and Labrador Offshore Exploratory Wells).
Marginal note:Regulations
319 The Governor in Council may make any regulations that the Governor in Council considers necessary to provide for any other transitional matter arising from the coming into force of this Division.
DIVISION 29R.S., c. J-1Judges Act
320 (1) Paragraph 24(3)(b) of the Judges Act is replaced by the following:
(b) 79, in the case of judges appointed to superior courts in the provinces other than appeal courts.
(2) The portion of subsection 24(4) of the Act before paragraph (a) is replaced by the following:
Marginal note:Unified family courts
(4) For the purposes of assisting the establishment of unified family courts in the provinces, a further number of salaries not greater than 58 at any one time may be paid in the case of judges appointed to courts described in paragraph (3)(b)
DIVISION 30R.S., c. T-2Tax Court of Canada Act
321 Subsection 17.1(1) of the Tax Court of Canada Act is replaced by the following:
Marginal note:Right to appear — individual
17.1 (1) An individual who is a party to a proceeding in respect of which this section applies may appear in person or be represented by counsel, but if the individual wishes to be represented by counsel, only a person who is referred to in subsection (2) shall represent the individual.
Marginal note:Right to appear — other
(1.1) If a party to a proceeding in respect of which this section applies is not an individual, that party shall be represented by a person who is referred to in subsection (2) unless the Court under special circumstances grants leave to the party to be represented by a director, officer, employee, member or partner of the party.
DIVISION 31R.S., c. F-27Food and Drugs Act
Amendments to the Act
322 (1) Paragraph (c) of the definition drogue in section 2 of the French version of the Food and Drugs Act is replaced by the following:
c) à la désinfection des locaux où des aliments sont fabriqués, préparés ou gardés. (drug)
(2) Section 2 of the Act is amended by adding the following in alphabetical order:
- foreign regulatory authority
foreign regulatory authority means a government agency or other entity outside Canada that controls the manufacture, use or sale of therapeutic products or foods within its jurisdiction; (autorité réglementaire étrangère)
323 Subsection 23(1) of the Act is amended by striking out “or” at the end of paragraph (b), by adding “or” at the end of paragraph (c) and by adding the following after paragraph (c):
(d) an activity could be conducted as a result of an exemption that is under consideration by the Minister.
324 Section 29.2 of the Act and the heading before it are repealed.
325 (1) Subsection 30(1) of the Act is amended by adding the following after paragraph (j):
(j.1) respecting orders referred to in sections 30.01, 30.02, 30.05 and 30.06;
(2) Paragraph 30(1)(r) of the Act is repealed.
(3) Subsection 30(1.4) of the Act is replaced by the following:
Marginal note:Regulations — preventing or alleviating shortages
(1.4) Without limiting the power conferred by any other subsection of this section, the Governor in Council may make any regulations that the Governor in Council considers necessary for the purpose of preventing shortages of therapeutic products or foods for a special dietary purpose in Canada or alleviating those shortages or their effects, in order to protect human health.
326 The Act is amended by adding the following after section 30:
Supplementary Rules
Marginal note:Supplementary rules — therapeutic product
30.01 (1) Subject to any regulations made under paragraph 30(1)(j.1) and if the Minister believes on reasonable grounds that the use of a therapeutic product, other than the intended use, may present a risk of injury to health, the Minister may, by order, establish rules in respect of the importation, sale, conditions of sale, advertising, manufacture, preparation, preservation, packaging, labelling, storage or testing of the therapeutic product for the purpose of preventing, managing or controlling the risk of injury to health.
Marginal note:Promotion
(2) For greater certainty, the Minister may, in the order, establish rules for the purpose of preventing the therapeutic product from being promoted for a use, other than the intended use, of a therapeutic product or preventing a use, other than the intended use, of a therapeutic product from being appealing.
Marginal note:Uncertainty
(3) The Minister may make the order despite any uncertainty respecting the risk of injury to health that the use of the therapeutic product, other than the intended use, may present.
Marginal note:Supplementary rules — drug intended for animal
30.02 (1) Subject to any regulations made under paragraph 30(1)(j.1) and if the Minister believes on reasonable grounds that the use of a drug intended for an animal of a particular species, including a use other than the intended use, may present a risk of adverse effects to human beings, animals of a different species or the environment, the Minister may, by order, establish rules in respect of the importation, sale, conditions of sale, advertising, manufacture, preparation, preservation, packaging, labelling, storage or testing of the drug for the purpose of preventing, managing or controlling the risk of adverse effects.
Marginal note:Uncertainty
(2) The Minister may make the order despite any uncertainty respecting the risk of adverse effects that the use of the drug, including a use other than the intended use, may present.
Marginal note:Statutory Instruments Act
30.03 An order made under subsection 30.01(1) or 30.02(1) that applies to only one person is not a statutory instrument within the meaning of the Statutory Instruments Act.
Marginal note:Availability — person-specific orders
30.04 The Minister must ensure that any order made under subsection 30.01(1) or 30.02(1) that applies to only one person is publicly available but may exclude personal information and confidential business information from the order.
Exemption
Marginal note:Exemption — foods and therapeutic products
30.05 (1) Subject to subsection (2) and any regulations made under paragraph 30(1)(j.1), the Minister may, by order, on any conditions that the Minister considers necessary, exempt — other than in relation to cosmetics — a class of foods, therapeutic products, persons or activities from the application of all or any of the provisions of Part I, section 37 or the regulations.
Marginal note:Preconditions
(2) The Minister may make an order only if the Minister believes on reasonable grounds that
(a) it is necessary for a health or safety purpose or is otherwise in the public interest; and
(b) having regard to its benefits and conditions, it is unlikely to result in
(i) unacceptable health, safety or, if applicable, environmental risks, or
(ii) an unacceptable degree of uncertainty respecting health, safety or, if applicable, environmental risks.
Marginal note:Obligation to comply with conditions
(3) Any person to whom a condition applies must comply with that condition.
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