Budget Implementation Act, 2024, No. 1 (S.C. 2024, c. 17)

Coordinating Amendments

257 [Amendments]

Coming into Force

Marginal note:Order in council

Footnote ^*258 Sections 245 to 248 and 255 come into force on a day or days to be fixed by order of the Governor in Council.

• Return to footnote ^*[Note: Sections 245 to 248 and 255 not in force.]

DIVISION 231996, c. 23Employment Insurance Act

259 [Amendments]

DIVISION 242023, c. 15An Act for the Substantive Equality of Canada’s Official Languages

260 [Amendments]

DIVISION 25Indigenous Loan Guarantee Program

Marginal note:Loan guarantees

• 261 (1) A corporation that is to be incorporated as a wholly owned subsidiary of the Canada Development Investment Corporation for the purpose of providing loan guarantees as part of an Indigenous loan guarantee program is authorized to provide such guarantees. The aggregate of the principal and interest in respect of all the guarantees must not exceed $5,000,000,000, or any greater amount that may be authorized by the Governor in Council on the recommendation of the Minister of Finance.

• Marginal note:Consolidated Revenue Fund

  (2) The Minister of Finance must pay out of the Consolidated Revenue Fund any amounts to the subsidiary that are necessary for the payment of the principal and interest in respect of the guarantees referred to in subsection (1) and all other amounts required by the subsidiary to discharge its obligations under those guarantees or to exercise any rights or protect the interests of His Majesty in right of Canada.

Marginal note:Agent of His Majesty

262 The subsidiary referred to in section 261 is for all its purposes an agent of His Majesty in right of Canada.

Marginal note:Non-application of provisions

• 263 (1) Section 91 and subsection 100(1) of the Financial Administration Act do not apply to or in respect of the subsidiary referred to in section 261 or any of its wholly owned subsidiaries.

• Marginal note:Application of provisions

  (2) Subsections 89(1), (4) and (6) and section 89.1 of the Financial Administration Act apply to or in respect of the subsidiary as if it were a parent Crown corporation.

DIVISION 26Red Dress Alert

Marginal note:Payments out of C.R.F.

264 On the requisition of the Minister of Crown-Indigenous Relations, there may be paid out of the Consolidated Revenue Fund, for the period beginning on September 1, 2024 and ending on March 31, 2027, a sum not exceeding in the aggregate $1.3 million for the purpose of carrying out engagement on a pilot project for the creation of a Red Dress Alert, a public alert system for missing Indigenous women and girls, two-spirit Indigenous persons and gender-diverse Indigenous persons, and making direct payments to the participating entities or individuals.

DIVISION 27Subsidiary of VIA Rail Canada Inc.

Marginal note:Definition of subsidiary

265 In this Division, subsidiary means the subsidiary of VIA Rail Canada Inc. incorporated under the Canada Business Corporations Act on November 29, 2022 with the corporate name VIA HFR - VIA TGF Inc.

Marginal note:Agent of His Majesty

266 The subsidiary is an agent of His Majesty in right of Canada.

Marginal note:Contracts, agreements or other arrangements

267 The subsidiary may enter into contracts, agreements or other arrangements with His Majesty as though it were not an agent of His Majesty.

Marginal note:Coming into force

268 Sections 265 to 267 are deemed to have come into force on November 29, 2022.

DIVISION 282019, c. 28, s. 1Impact Assessment Act

Amendments to the Act

269 [Amendments]

270 [Amendments]

271 [Amendments]

272 [Amendments]

273 [Amendments]

274 [Amendments]

275 [Amendments]

276 [Amendments]

277 [Amendments]

278 [Amendments]

279 [Amendments]

280 [Amendments]

281 [Amendments]

282 [Amendments]

283 [Amendments]

284 [Amendments]

285 [Amendments]

286 [Amendments]

287 [Amendments]

288 [Amendments]

289 [Amendments]

290 [Amendments]

291 [Amendments]

292 [Amendments]

293 [Amendments]

294 [Amendments]

295 [Amendments]

296 [Amendments]

297 [Amendments]

298 [Amendments]

299 [Amendments]

300 [Amendments]

301 [Amendments]

Transitional Provisions

Marginal note:Definitions

• 302 (1) The following definitions apply in this section and sections 303 to 318.

  amended Act

  amended Act means the Impact Assessment Act, as it reads on or after the commencement day. (loi modifiée)

  commencement day

  commencement day means the day on which this section comes into force. (date de référence)

  2012 Act

  2012 Act means the Canadian Environmental Assessment Act, 2012, section 52 of chapter 19 of the Statutes of Canada, 2012. (Loi de 2012)

• Marginal note:Terminology

  (2) Words and expressions used in sections 303 to 318 have the same meaning as in section 2 of the amended Act.

Marginal note:Designation of physical activity

• 303 (1) Despite subsection 9(4) of the amended Act, if, in respect of a request referred to in subsection 9(1) of the amended Act that the Minister received before the commencement day, the Minister has not responded to the request before that day, the Minister must respond, with reasons, within 90 days after that day. The Minister must ensure that the response is posted on the Internet site.

• Marginal note:Deeming

  (2) Everything that was done before the commencement day with regard to the physical activity in respect of which the request was made is, if it may or must be done under the amended Act with regard to that physical activity, deemed, as of the day on which the response is posted, to have been done under the amended Act.

Marginal note:Deeming — no impact assessment

304 If the Agency, before the commencement day, made a decision that an impact assessment of a designated project is not required and posted that decision on the Internet site, that decision is deemed, as of that day, to be a decision made under subsection 16(1) of the amended Act.

Marginal note:Designated projects

• 305 (1) This section applies in respect of a designated project if the Minister or the Agency, during the six-month period that starts on the commencement day, takes a step with regard to that project under any of sections 10 to 59 of the amended Act.

• Marginal note:Posting

  (2) The Agency must post a notice on the Internet site that indicates the first step taken, the provision under which it was taken, the date on which it was taken and the designated project in respect of which it was taken.

• Marginal note:Deeming

  (3) Everything that was done before the commencement day with regard to a designated project in respect of which a notice is posted under subsection (2) is, if it may or must be done under the amended Act in respect of the designated project, deemed, as of the day on which the first step is taken, to have been done under the amended Act.

• Marginal note:Agency’s power

  (4) The Agency may, when the first step is taken with regard to a designated project, replace, in respect of that project, any time limit or period established by or under the amended Act by another time limit or period.

• Marginal note:Posting

  (5) The Agency must post a notice on the Internet site that indicates, for each time limit or period that it replaces, the new time limit or period and the designated project with regard to which that new time limit or period applies.

• Marginal note:Clarification

  (6) For greater certainty, nothing in subsection (4) affects any power conferred on the Agency under the amended Act to extend or shorten any time limit or period.

• Marginal note:Definition of first step

  (7) In this section, first step means the first step taken by the Minister or the Agency under any of sections 10 to 59 of the amended Act in respect of a designated project during the six-month period that starts on the commencement day.

Marginal note:Decision statements issued before commencement day

• 306 (1) If the Minister is of the opinion that the conditions included in a decision statement issued by the Minister, including a decision statement issued by the Minister under subsection 54(1) of the 2012 Act, before the commencement day could be included in a decision statement issued under subsection 65(1) of the amended Act, the Minister may post a notice to that effect on the Internet site.

• Marginal note:Decision statements issued on or after commencement day

  (2) If the Minister is of the opinion that the conditions included in a decision statement issued by the Minister under subsection 54(1) of the 2012 Act on or after the commencement day could be included in a decision statement issued under subsection 65(1) of the amended Act, the Minister may post a notice to that effect on the Internet site.

• Marginal note:Deeming

  (3) A decision statement in respect of which a notice is posted under subsection (1) or (2) is deemed, as of the day on which the notice is posted, to be a decision statement issued under subsection 65(1) of the amended Act.

Marginal note:Amendment to decision statement — Impact Assessment Act

• 307 (1) Subsection 68(2), paragraph 69(1)(b) and subsection 69(2) of the amended Act do not apply in respect of an amendment made under subsection 68(1) of the amended Act to a decision statement that was issued with respect to a designated project before the commencement day if the amendment

  • (a) is made during the six-month period that starts on that day;

  • (b) removes a condition that, in the Minister’s opinion, could not be included in a decision statement issued under subsection 65(1) of the amended Act or amends a condition so that, in the Minister’s opinion, the condition is one that could be included in such a decision statement; and

  • (c) does not add a condition or modify the designated project’s description.

• Marginal note:Posting of amended decision statement

  (2) If the Minister amends a decision statement in accordance with subsection (1), the Minister must ensure that the amended decision statement is posted on the Internet site.

• Marginal note:Deeming

  (3) The amended decision statement is deemed, as of the day on which it is posted on the Internet site, to be a decision statement issued under subsection 65(1) of the amended Act.

Marginal note:Amendment to decision statement — 2012 Act

• 308 (1) The Minister may, during the six-month period that starts on the commencement day, amend a decision statement issued by the Minister under subsection 54(1) of the 2012 Act before that day to

  • (a) remove a condition that, in the Minister’s opinion, could not be included in a decision statement issued under subsection 65(1) of the amended Act; or

  • (b) amend a condition so that, in the Minister’s opinion, the condition is one that could be included in a decision statement issued under subsection 65(1) of the amended Act.

• Marginal note:Posting of amended decision statement

  (2) If the Minister amends a decision statement in accordance with subsection (1), the Minister must ensure that the amended decision statement is posted on the Internet site.

• Marginal note:Deeming

  (3) The amended decision statement is deemed, as of the day on which it is posted on the Internet site, to be a decision statement issued under subsection 65(1) of the amended Act.

Marginal note:Regional assessments — committee report not provided

• 309 (1) If a committee established by the Minister before the commencement day to conduct an assessment described in section 92 or 93 of the amended Act, or a committee the members of which are appointed or whose appointment is approved by the Minister for that purpose before that day, has not, before that day, provided a report to the Minister in respect of the assessment,

  • (a) the committee is deemed to be established, as the case may be, in accordance with section 92 of the amended Act or in accordance with an agreement or arrangement entered into under subparagraph 93(1)(a)(i) or paragraph 93(1)(b) of the amended Act, on that day; and

  • (b) everything that was done in respect of the 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:Regional assessments — committee report provided

  (2) If a committee established by the Minister to conduct an assessment described in section 92 or 93 of the amended Act, or a committee the members of which are appointed or whose appointment is approved by the Minister for that purpose, 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.