Budget 2025 Implementation Act, No. 1 (S.C. 2026, c. 3)

Official Languages

Marginal note:Corporation’s partner

26 For the purposes of the Official Languages Act, any entity with which the Corporation enters into a contract respecting the operation or maintenance of the high-speed rail network is deemed to be a federal institution, as defined in subsection 3(1) of that Act.

Marginal note:Operators

27 For the purposes of Parts IV to VI and VIII to X of the Official Languages Act, the following entities are deemed to be federal institutions, as defined in subsection 3(1) of that Act:

• (a) any entity that operates passenger rail services between Quebec City and Windsor that were, on the day on which section 1 comes into force, operated by VIA Rail Canada Inc.; and

• (b) any entity, other than an entity referred to in section 26, that operates a railway that is part of the high-speed rail network.

• High Speed-Rail Network Act

  Loi sur le réseau ferroviaire à grande vitesse

Marginal note:Postage

• 16.1 (1) The Corporation may establish rates of postage and the terms and conditions related to the payment of the postage.

• Marginal note:Fair and reasonable rates

  (2) In establishing rates of postage, the Corporation must have regard to whether they are fair and reasonable and consistent so far as possible with providing a revenue that, together with any revenue from other sources, is sufficient to defray the costs incurred by the Corporation in carrying out its objects under this Act.

• Marginal note:Exception — fair and reasonable rates

  (3) Despite subsection (2), the Corporation is not required to have regard to whether a rate is fair and reasonable and consistent so far as possible with providing a revenue that, together with any revenue from other sources, is sufficient to defray the costs incurred by the Corporation in carrying out its objects under this Act, for rates that it establishes for a person who has entered into an agreement with the Corporation for

  • (a) the variation of rates of postage on the mailable matter of that person in consideration of their mailing it in bulk, preparing it in a manner that facilitates its processing or receiving additional services in relation to it; or

  • (b) the provision of experimental services related to the business of the Corporation for any period not exceeding three years.

• Marginal note:Exceptions — rates

  (3.1) The Corporation must provide for

  • (a) the transmission by post, free of postage, of letters, books, tapes, records and other similar material for the use of the blind; and

  • (b) a reduced rate of postage for library materials lent by a library to a borrower, including by means of an interlibrary loan.

• Marginal note:Publicly available

  (4) The Corporation must make any rates and terms and conditions that it establishes under subsection (1) publicly available as soon as feasible after establishing them.

• Marginal note:Exception — publicly available

  (5) Despite subsection (4), the Corporation is not required to make publicly available rates and terms and conditions that it establishes for a person who has entered into an agreement with the Corporation for

  • (a) the variation of rates of postage on the mailable matter of that person in consideration of their mailing it in bulk, preparing it in a manner that facilitates its processing or receiving additional services in relation to it; or

  • (b) the provision of experimental services related to the business of the Corporation for any period not exceeding three years.

• Marginal note:Refund

  (6) The Corporation may refund postage.

Marginal note:Capital payments

23 The Minister of Finance may pay to the Bank, out of the Consolidated Revenue Fund, amounts of not more than $45,000,000,000 in the aggregate, or any greater aggregate amount that may be authorized from time to time under an appropriation Act.

PART 1Control of Administrative Burden

Interpretation, Application and Purpose

Marginal note:Definitions

2 The following definitions apply in this Part.

Marginal note:Application

3 This Part applies to regulations made by or with the approval of the Governor in Council, the Treasury Board or a minister of the Crown.

Marginal note:Purpose

4 The purpose of this Part is to control the administrative burden that regulations impose on businesses.

Marginal note:Immunity

• 8 (1) No action or other proceeding may be brought against His Majesty in right of Canada for anything done or omitted to be done, or for anything purported to be done or omitted to be done, under this Part.

• Marginal note:Validity of regulations

  (2) No regulation is invalid by reason only of a failure to comply with this Part.

PART 2Exemptions to Encourage Innovation, Competitiveness or Economic Growth

Definitions

Marginal note:Definitions

11 The following definitions apply in this Part.

entity

entity includes an individual, a corporation, a partnership, an unincorporated association or organization and His Majesty in right of Canada or of a province. (entité)

excluded Act

excluded Act means the Access to Information Act, the Auditor General Act, the Canada Elections Act, the Conflict of Interest Act, the Criminal Code, the Export and Import Permits Act, the Financial Administration Act, the Foreign Influence Transparency and Accountability Act, the Investment Canada Act, the Lobbying Act, the Nuclear Safety and Control Act, the Privacy Act, the Proceeds of Crime (Money Laundering) and Terrorist Financing Act or the Public Servants Disclosure Protection Act. (loi exclue)

Exemptions

Marginal note:Order

• 12 (1) Subject to subsections (3) and (7), a minister may, by order, for a specified validity period of not more than three years and on any terms that the minister considers appropriate, exempt an entity from the application of

  • (a) a provision of an Act of Parliament, except an excluded Act, if the minister is responsible for the Act;

  • (b) a provision of an instrument made under an Act of Parliament, except an instrument made under an excluded Act, if

    • (i) the minister is responsible for the Act, or

    • (ii) the body that made the instrument is accountable, through the minister, to Parliament for the conduct of its affairs; or

  • (c) a provision of an Act of Parliament, except an excluded Act, or a provision of an instrument made under an excluded Act, if the minister administers or enforces the provision.

• Marginal note:Requests not required to be considered

  (2) Subject to section 12.1, a minister is not required to consider a request for an exemption.

• Marginal note:Conditions

  (3) A minister may make an order under subsection (1) only if

  • (a) the minister is of the opinion that

    • (i) the exemption is in the public interest,

    • (ii) the exemption would enable the testing of, among other things, a product, service, process, procedure or regulatory measure with the aim of facilitating the design, modification or administration of a regulatory regime to encourage innovation, competitiveness or economic growth in the clean technology or financial technology sector,

    • (iii) the benefits associated with the exemption outweigh the risks,

    • (iv) sufficient resources exist, and appropriate measures will be taken, to maintain oversight of the testing, manage any risks associated with the exemption and protect public health and safety and the environment, and

    • (v) a feasible implementation plan has been developed;

  • (b) the minister has engaged in a public consultation process for at least 30 days with stakeholders, including experts and entities in the relevant sector; and

  • (c) the President of the Treasury Board has approved the exemption.

• Marginal note:Exemption continues in force

  (4) For greater certainty, an exemption granted under subsection (1) continues in force until the end of the validity period specified in the order even if the testing referred to in subparagraph (3)(a)(ii) is completed before the end of that period.

• Marginal note:Amendment or extension

  (5) Subject to subsection (8), a minister who has made an order under subsection (1) may, by order and on any terms the minister considers appropriate, amend it or extend the validity period of the exemption for a total period not exceeding six years only if the minister is of the opinion that

  • (a) the conditions set out in subparagraphs (3)(a)(i) and (iii) are met;

  • (b) the amended exemption or extension would enable the testing referred to in subparagraph (3)(a)(ii) to continue or, if such testing is already complete, would facilitate the design, modification or administration of a regulatory regime as a result of that testing;

  • (c) sufficient resources exist, and appropriate measures will be taken, to maintain oversight of any continuing testing, manage any risks associated with the amended exemption or extension, and protect public health and safety and the environment; and

  • (d) a feasible implementation plan has been developed that takes into account the amendment or extension.

• Marginal note:Revocation or suspension

  (6) A minister who has made an order under subsection (1) may, by order, revoke it or suspend its application in whole or in part.

• Marginal note:Two or more ministers

  (7) If, under subsection (1), two or more ministers may, by order, exempt the same entity from the application of the same provision, the entity may be exempted only if the ministers jointly make an order under that subsection with respect to the entity and provision.

• Marginal note:Two or more ministers — amendment, extension, revocation and suspension

  (8) The following provisions apply if, in accordance with subsection (7), two or more ministers have jointly made an order:

  • (a) the order may be amended only if the ministers jointly make an amending order under subsection (5);

  • (b) the validity period of the exemption may be extended only if the ministers jointly make an extension order under subsection (5); and

  • (c) the order made under subsection (1) is revoked or its application is suspended, in whole or in part, if one of the ministers makes a revocation or suspension order, as the case may be, under subsection (6).

• Marginal note:Statutory Instruments Act

  (9) An order made under this section is not a statutory instrument within the meaning of the Statutory Instruments Act.

Marginal note:Order — entities operating in same sector

12.1 The following provisions apply if an order is made under subsection 12(1) that grants an exemption to an entity that is a business or a commercial entity:

• (a) the exemption granted in the original order must also be granted — by order under that subsection and for the same validity period — to any other entity that is a business or commercial entity that operates in the same sector if the minister or ministers who made the original order are of the opinion that the conditions in paragraph 12(3)(a) are met; and

• (b) if an order is made under subsection 12(1) with respect to the other entity referred to in paragraph (a), and the original order is subsequently amended or the validity period of the exemption granted by that order is extended by a minister or ministers, the minister or ministers must grant the same amendment or extension, by order under subsection 12(5), to that other entity if the minister or ministers are of the opinion that the conditions in that subsection are met.

Marginal note:Exemptions under other Acts

13 For greater certainty, the power to make an order under section 12 does not preclude or limit the exercise of a power to exempt under another Act of Parliament and vice versa.

Transparency and Parliamentary Oversight

Marginal note:Accessibility

• 14 (1) Subject to subsections (2) and (3), a minister must, as soon as feasible but no later than 30 days after making an order under section 12, make the order and the following information publicly accessible:

  • (a) a description of the decision-making process and a summary of the reasons for the order; and

  • (b) a description of the process for providing comments or information to, or requesting information from, the minister in relation to the order.

• Marginal note:Exception

  (2) The minister may exclude information that, in the minister’s opinion, would be inappropriate to make publicly accessible for reasons that include safety or security considerations or the protection of confidential or personal information.

• Marginal note:Two or more ministers — accessibility

  (3) If two or more ministers have jointly made an order in accordance with subsection 12(7) or (8), each of them must make publicly accessible the order and the same information under paragraphs (1)(a) and (b), with the same exclusions, if any, under subsection (2).

Marginal note:Canada Gazette

• 14.1 (1) Subject to subsections (2) and (3), a minister must, within 30 days after the day on which they made an order under section 12, publish in the Canada Gazette the order and the information referred to in paragraphs 14(1)(a) and (b).

• Marginal note:Exception

  (2) The minister may exclude information that, in the minister’s opinion, would be inappropriate to publish for reasons that include safety or security considerations or the protection of confidential or personal information.

• Marginal note:Two or more ministers — publication

  (3) If two or more ministers have jointly made an order in accordance with subsection 12(7) or (8), only one of them is required to publish the order and the information referred to in paragraphs 14(1)(a) and (b).

Marginal note:Report — minister

• 14.2 (1) Subject to subsections (3) and (4), a minister must, within 90 days after the day on which they made an order under section 12, cause to be tabled a report in each House of Parliament and must, on request, appear before the appropriate committee of Parliament to explain the decision-making process and the reasons for the order.

• Marginal note:Contents of report

  (2) The report must contain the order, the information referred to in paragraph 14(1)(a) and an assessment of any provision of an Act of Parliament, or of an instrument made under an Act of Parliament, that could be amended or repealed to encourage innovation, competitiveness or economic growth in the clean technology or financial technology sector.

• Marginal note:Exception

  (3) The minister may exclude information that, in the minister’s opinion, would be inappropriate to include in the report for reasons that include safety or security considerations or the protection of confidential or personal information.

• Marginal note:Two or more ministers — report

  (4) If two or more ministers have jointly made an order in accordance with subsection 12(7) or (8), only one of them is required to table the report and appear before the appropriate committee of Parliament.

Marginal note:Report

• 15 (1) Subject to subsection (2), the President of the Treasury Board must prepare and make public each year a report on the application of section 12 during the 12-month period ending on March 31 of the year in which the report is to be made public. The report must include a list of the orders made under section 12 that were in effect during that period and the names of the ministers who made them.

• Marginal note:Exception

  (2) The President of the Treasury Board is not required to prepare a report if no orders made under section 12 were in effect during the period referred to in subsection (1).

• Marginal note:Tabling

  (3) The President of the Treasury Board must cause the report referred to in subsection (1) to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the day on which the report is made public.

• Marginal note:Referral to Committee

  (4) The report must be referred to the Standing Committee on Government Operations and Estimates of the House of Commons or, if there is not a Standing Committee on Government Operations and Estimates, the appropriate committee of the House of Commons.