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 42Measures Related to the Canada Disability Benefit (continued)
R.S., c. T-2Tax Court of Canada Act
409 Section 12 of the Tax Court of Canada Act is amended by adding the following after subsection (1):
Marginal note:Jurisdiction — Canada Disability Benefit Act
(1.1) The Court has exclusive original jurisdiction to hear and determine references on matters arising under the Canada Disability Benefit Act and referred to in subsection 66(2) of the Department of Employment and Social Development Act.
410 Subsection 18.29(1) of the Act is amended by striking out “and” at the end of paragraph (c), by adding “and” at the end of paragraph (d) and by adding the following after paragraph (d):
(e) the Canada Disability Benefit Act, to the extent that a ground of the appeal involves a decision or determination as to income.
2005, c. 34; 2013, c. 40, s. 205Department of Employment and Social Development Act
411 The Department of Employment and Social Development Act is amended by adding the following after section 65:
Marginal note:Jurisdiction — Canada Disability Benefit Act
66 (1) Subject to subsection (2), the Tribunal may decide any question of law or fact that is necessary to dispose of any appeal brought under the Canada Disability Benefit Act.
Marginal note:Reference as to income
(2) If, on an appeal to the Tribunal, it is a ground of the appeal that a decision or determination made by the Minister as to income under the Canada Disability Benefit Act was incorrectly made, the appeal on that ground must, in accordance with the regulations made under that Act, be referred for decision to the Tax Court of Canada, whose decision, subject only to variation by that Court in accordance with any decision on an appeal under the Tax Court of Canada Act relevant to the appeal to the Tribunal, is final and binding for all purposes of the appeal to the Tribunal except in accordance with the Federal Courts Act.
Coordinating Amendment
Marginal note:2023, c. 26
412 On the first day on which both section 656 of the Budget Implementation Act, 2023, No. 1 and section 408 of this Act are in force, paragraph 28(1)(g.1) of the Federal Courts Act is replaced by the following:
(g.1) the Appeal Division of the Social Security Tribunal established under section 44 of the Department of Employment and Social Development Act, unless the decision is made under subsection 54.2(2) or 57(2) or section 58.2 of that Act or relates to an appeal respecting a decision relating to further time to make a request under
(i) subsection 43.11(2) or 52(2) of that Act,
(ii) section 81 of the Canada Pension Plan,
(iii) section 27.1 of the Old Age Security Act,
(iv) section 112 of the Employment Insurance Act, or
(v) any regulations made under subsection 11(1) of the Canada Disability Benefit Act regarding reviews or reconsiderations;
DIVISION 431996, c. 19Controlled Drugs and Substances Act
Amendments to the Act
413 (1) Paragraph 55(1)(c) of the Controlled Drugs and Substances Act is replaced by the following:
(c) respecting the issuance, suspension, cancellation, duration and terms and conditions of any licence or authorization or class of licences or authorizations for any dealing in any substance included in Schedule I, II, III, IV, V or VI or any class of those substances, including the importation into Canada, exportation from Canada, production, packaging, sale, provision, administration, possession, transportation, sending or delivery of the substance or class of substances;
(2) Paragraph 55(1)(d.1) of the Act is replaced by the following:
(d.1) authorizing the Minister to impose terms and conditions on any licence, authorization or permit, including existing licences, authorizations or permits, and to amend those terms and conditions;
(3) Paragraph 55(1)(h) of the Act is replaced by the following:
(h) respecting the qualifications of persons who are engaged in the production, preservation, testing, packaging, storage, selling, providing or otherwise dealing in any controlled substance or precursor or any class of any controlled substance or precursor and who do so under the supervision of a person licensed or authorized under the regulations to do any such thing;
(4) Subsection 55(1.2) of the Act is repealed.
414 Subsection 56(2) of the Act is repealed.
415 Sections 56.1 and 56.2 of the Act are repealed.
Transitional Provisions
Marginal note:Definitions
416 The following definitions apply in this section and sections 417 to 419.
- commencement day
commencement day means the day on which subsection 413(4) and sections 414 and 415 come into force. (date de référence)
- previous version
previous version means the Controlled Drugs and Substances Act, as it reads immediately before commencement day. (version antérieure)
- regulatory scheme
regulatory scheme means regulations that are made under subsection 55(1) of the Controlled Drugs and Substances Act, as it reads on the day on which this section comes into force, respecting authorizations for activities that could be allowed under an exemption granted under subsection 56.1(1) of the previous version. (régime réglementaire)
Marginal note:Exemptions
417 (1) An exemption granted under subsection 56.1(1) of the previous version that is valid immediately before commencement day is deemed to be an authorization issued under the regulatory scheme on that day.
Marginal note:Validity period
(2) Subsection (1) does not have the effect of extending the validity period of the exemption.
Marginal note:Terms and conditions
(3) For greater certainty, the terms and conditions of the exemption are terms and conditions of the authorization. However, if there is a conflict between any of those terms and conditions and a requirement of the regulatory scheme, the requirement of the regulatory scheme prevails to the extent of the conflict.
Marginal note:Applications
418 If an application for an exemption under subsection 56.1(1) of the previous version is submitted before commencement day and the minister responsible for the previous version has not, before that day, made a decision in relation to the application, the application is deemed to have been submitted on that day as an application for an authorization under the regulatory scheme.
Marginal note:Regulations
419 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 the regulatory scheme.
Coming into Force
Marginal note:Order in council
420 Subsection 413(4) and sections 414 and 415 come into force on a day to be fixed by order of the Governor in Council.
- Date modified: