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Jobs and Economic Growth Act (S.C. 2010, c. 12)

Act current to 2020-10-05 and last amended on 2019-07-29. Previous Versions

Jobs and Economic Growth Act

S.C. 2010, c. 12

Assented to 2010-07-12

An Act to implement certain provisions of the budget tabled in Parliament on March 4, 2010 and other measures

Her 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

 This Act may be cited as the Jobs and Economic Growth Act.

PART 1Amendments to the Income Tax Act and Related Acts and Regulations

Income Tax Act

 [Amendment]

 [Amendment]

 [Amendment]

 [Amendment]

 [Amendment]

 [Amendments]

 [Amendments]

 [Amendment]

 [Amendments]

 [Amendment]

 [Amendment]

 [Amendment]

 [Amendments]

 [Amendment]

 [Amendments]

 [Amendments]

 [Amendment]

 [Amendment]

 [Amendment]

 [Amendments]

 [Amendments]

Income Tax Regulations

 [Amendment]

 [Amendments]

 [Amendments]

Canada Disability Savings Act

 [Amendments]

 [Amendments]

 [Amendments]

Canada Disability Savings Regulations

 [Amendment]

Canada Education Savings Act

 [Amendments]

 [Amendments]

Canada Education Savings Regulations

 [Amendments]

 [Amendment]

Canada Pension Plan Regulations

 [Amendment]

Insurable Earnings and Collection of Premiums Regulations

 [Amendment]

Regulations Excluding Certain Indictable Offences from the Definition of “Designated Offence”

 [Amendments]

PART 2Amendments in Respect of Excise Duties and Sales and Excise Taxes

Excise Act

 [Amendment]

Amendments in Respect of the Excise Act, 2001

Excise Act, 2001

 [Amendments]

 [Amendments]

 [Amendment]

 [Amendment]

 [Amendment]

 [Amendment]

 [Amendment]

 [Amendment]

 [Amendment]

 [Amendments]

Customs Act

 [Amendment]

 [Amendment]

 [Amendment]

 [Amendment]

 [Amendment]

 [Amendment]

Application

 [Transitional Provision]

Excise Tax Act

 [Amendments]

 [Amendment]

 [Amendment]

 [Amendment]

 [Amendment]

 [Amendment]

 [Amendments]

 [Amendment]

 [Amendments]

 [Amendments]

 [Amendment]

 [Amendment]

 [Amendments]

 [Amendment]

 [Amendment]

 [Amendment]

 [Amendment]

 [Amendment]

 [Amendments]

 [Amendment]

 [Amendments]

 [Amendment]

 [Amendment]

 [Amendment]

 [Amendment]

 [Amendments]

 [Amendment]

 [Amendment]

 [Amendment]

 [Amendment]

 [Amendment]

 [Amendment]

 [Amendment]

 [Amendment]

 [Amendment]

Health Care Services (GST/HST) Regulations

 [Amendment]

Input Tax Credit Allocation Methods (GST/HST) Regulations

Making of Regulations

Marginal note:Making

 The Input Tax Credit Allocation Methods (GST/HST) Regulations are made as follows:

INPUT TAX CREDIT ALLOCATION METHODS (GST/HST) REGULATIONS

Marginal note:Interpretation

1 The definitions in this section apply in these Regulations.

Act

Act means the Excise Tax Act. (Loi)

bank

bank in respect of a fiscal year does not include a person that is at any time in the fiscal year an insurer. (banque)

insurer

insurer in respect of a fiscal year means a person that is an insurer (as defined in subsection 123(1) of the Act) and that carries on at any time in the fiscal year an insurance business as the principal business of the person in Canada. (assureur)

securities dealer

securities dealer in respect of a fiscal year means a person that

  • (a) carries on at any time in the fiscal year a business as a trader or dealer in, or as a broker or salesperson of, securities as the principal business of the person in Canada;

  • (b) is registered under the laws of Canada or a province to carry on in Canada at any time in the fiscal year a business as a trader or dealer in, or as a broker or salesperson of, securities; and

  • (c) is not a bank or an insurer at any time in the fiscal year. (courtier en valeurs mobilières)

Marginal note:Prescribed classes

2 The following classes of financial institutions are prescribed for the purposes of the definition qualifying institution in subsection 141.02(1) of the Act and for the purposes of subsections 141.02(3), (8), (9), (24) and (30) of the Act:

  • (a) banks;

  • (b) insurers; and

  • (c) securities dealers.

Marginal note:Prescribed amounts

3 The following amounts are prescribed for the purposes of the definition qualifying institution in subsection 141.02(1) of the Act and for the purposes of subsection 141.02(24) of the Act:

  • (a) in the case of banks, $500,000;

  • (b) in the case of insurers, $500,000; and

  • (c) in the case of securities dealers, $500,000.

Marginal note:Prescribed percentages

4 The following percentages are prescribed for the purposes of the definition qualifying institution in subsection 141.02(1) of the Act and for the purposes of subsections 141.02(8), (9) and (30) of the Act:

  • (a) in the case of banks, 12%;

  • (b) in the case of insurers, 10%; and

  • (c) in the case of securities dealers, 15%.

Coming into Force

Marginal note:April 1, 2007

 The Input Tax Credit Allocation Methods (GST/HST) Regulations, as made by section 91, are deemed to have come into force on April 1, 2007.

Interest Rates (Excise Act, 2001) Regulations

 [Amendment]

Interest Rates (Excise Tax Act) Regulations

 [Amendment]

Coordinating Amendment

 [Amendments]

PART 3Amendments in Respect of the Air Travellers Security Charge

Air Travellers Security Charge Act

 [Amendments]

Interest Rates (Air Travellers Security Charge Act) Regulations

 [Amendment]

PART 4Softwood Lumber Products Export Charge Act, 2006

Amendments to the Act

 [Amendment]

 [Amendment]

 [Amendment]

 [Amendment]

 [Amendment]

Coming into Force

Marginal note:Order in council

  • Footnote * (1) This Part, other than section 98, comes into force or is deemed to have come into force on a day to be fixed by order of the Governor in Council, which day may not be earlier than April 15, 2009.

  • Marginal note:July 1, 2010

    (2) Section 98 comes into force, or is deemed to have come into force, on July 1, 2010.

PART 5Customs Tariff

Amendments to the Act

 [Amendments]

Coming into Force

Marginal note:Deemed coming into force — March 5, 2010

 This Part is deemed to have come into force on March 5, 2010.

PART 6Federal-Provincial Fiscal Arrangements Act

 [Amendment]

 [Amendment]

 [Amendment]

PART 7Expenditure Restraint Act

 [Amendment]

PART 8Amendments Relating to Certain Governmental Bodies

DIVISION 1Amendments Relating to Certain Governor in Council Appointments

Alberta-British Columbia Boundary Act, 1974

Amendments to the Act

 [Amendment]

 [Amendment]

 [Amendment]

Coming into Force

Marginal note:Order in council

Footnote * Sections 1650 to 1652 come into force on a day to be fixed by order of the Governor in Council.

Asia-Pacific Foundation of Canada Act

Amendment to the Act

 [Amendment]

Coming into Force

Marginal note:Order in council

Footnote * Section 1654 comes into force on a day to be fixed by order of the Governor in Council.

Assisted Human Reproduction Act

Amendment to the Act

 [Amendment]

Coming into Force

Marginal note:Order in council

Footnote * Section 1656 comes into force on a day to be fixed by order of the Governor in Council.

Budget Implementation Act, 1997

Amendment to the Act (Canada Foundation for Innovation)

 [Amendment]

Coming into Force

Marginal note:Order in council

Footnote * Section 1658 comes into force on a day to be fixed by order of the Governor in Council.

Business Development Bank of Canada Act

Amendment to the Act

 [Amendment]

Coming into Force

Marginal note:Order in council

Footnote * Section 1660 comes into force on a day to be fixed by order of the Governor in Council.

Canada Grain Act

Amendments to the Act

 [Amendment]

 [Amendment]

Coming into Force

Marginal note:Order in council

Footnote * Sections 1662 and 1663 come into force on a day to be fixed by order of the Governor in Council.

Canada Mortgage and Housing Corporation Act

Amendments to the Act

 [Amendment]

 [Amendments]

Coming into Force

Marginal note:Order in council

Footnote * Sections 1665 and 1666 come into force on a day to be fixed by order of the Governor in Council.

Canada Pension Plan

Amendments to the Act

 [Amendment]

 [Amendment]

Coming into Force

Marginal note:Order in council

Footnote * Sections 1668 and 1669 come into force on a day to be fixed by order of the Governor in Council.

Canada School of Public Service Act

Amendments to the Act

 [Amendment]

 [Amendment]

 [Amendments]

Related Amendment to the Access to Information Act

 [Amendment]

Related Amendments to the Financial Administration Act

 [Amendments]

Related Amendment to the Official Languages Act

 [Amendment]

Related Amendment to the Privacy Act

 [Amendment]

Related Amendments to the Public Servants Disclosure Protection Act

 [Amendment]

 [Amendment]

 [Amendments]

 [Amendment]

 [Amendment]

Coming into Force

Marginal note:Order in council

Footnote * Sections 1671 to 1682 come into force on a day to be fixed by order of the Governor in Council.

Canadian Centre for Occupational Health and Safety Act

Amendments to the Act

 [Amendment]

 [Amendment]

Coming into Force

Marginal note:Order in council

Footnote * Sections 1684 and 1685 come into force on a day to be fixed by order of the Governor in Council.

Canadian Centre on Substance Abuse Act

Amendments to the Act

 [Amendment]

 [Amendment]

 [Amendment]

 [Amendment]

 [Amendment]

Coming into Force

Marginal note:Order in council

Footnote * Sections 1687 to 1691 come into force on a day to be fixed by order of the Governor in Council.

Canadian Institutes of Health Research Act

Amendment to the Act

 [Amendment]

Coming into Force

Marginal note:Order in council

Footnote * Section 1693 comes into force on a day to be fixed by order of the Governor in Council.

Canadian International Trade Tribunal Act

Amendment to the Act

 [Amendment]

Coming into Force

Marginal note:Order in council

Footnote * Section 1695 comes into force on a day to be fixed by order of the Governor in Council.

Canadian Race Relations Foundation Act

Amendments to the Act

 [Amendment]

 [Amendment]

Coming into Force

Marginal note:Order in council

Footnote * Sections 1697 and 1698 come into force on a day to be fixed by order of the Governor in Council.

Canadian Radio-television and Telecommunications Commission Act

Amendments to the Act

 [Amendment]

 [Amendment]

 [Amendment]

 [Amendments]

 [Amendment]

 [Amendment]

 [Amendment]

 [Amendment]

 [Amendment]

 [Amendment]

Consequential Amendment to the Broadcasting Act

 [Amendment]

Coming into Force

Marginal note:Order in council

Footnote * Sections 1700 to 1710 come into force on a day to be fixed by order of the Governor in Council.

Canadian Space Agency Act

Amendments to the Act

 [Amendment]

 [Amendment]

 [Amendment]

 [Amendment]

Coming into Force

Marginal note:Order in council

Footnote * Sections 1712 to 1715 come into force on a day to be fixed by order of the Governor in Council.

Canadian Tourism Commission Act

Amendments to the Act

 [Amendment]

 [Amendments]

 [Amendment]

 [Amendment]

 [Amendment]

Coming into Force

Marginal note:Order in council

Footnote * Sections 1717 to 1721 come into force on a day to be fixed by order of the Governor in Council.

Department of Human Resources and Skills Development Act

Amendment to the Act

 [Amendment]

Coming into Force

Marginal note:Order in council

Footnote * Section 1723 comes into force on a day to be fixed by order of the Governor in Council.

Energy Supplies Emergency Act

Amendments to the Act

 [Amendment]

 [Amendment]

 [Amendment]

Coming into Force

Marginal note:Order in council

Footnote * Sections 1725 to 1727 come into force on a day to be fixed by order of the Governor in Council.

Export Development Act

Amendment to the Act

 [Amendment]

Coming into Force

Marginal note:Order in council

Footnote * Section 1729 comes into force on a day to be fixed by order of the Governor in Council.

Farm Products Agencies Act

Amendments to the Act

 [Amendments]

Coming into Force

Marginal note:Order in council

Footnote * Section 1731 comes into force on a day to be fixed by order of the Governor in Council.

First Nations Fiscal and Statistical Management Act

Amendments to the Act

 [Amendment]

 [Amendment]

 [Amendment]

 [Amendment]

Coming into Force

Marginal note:Order in council

Footnote * Sections 1733 to 1736 come into force on a day to be fixed by order of the Governor in Council.

Freshwater Fish Marketing Act

Amendment to the Act

 [Amendment]

Coming into Force

Marginal note:Order in council

Footnote * Section 1738 comes into force on a day to be fixed by order of the Governor in Council.

Historic Sites and Monuments Act

Amendments to the Act

 [Amendments]

 [Amendment]

Coming into Force

Marginal note:Order in council

Footnote * Sections 1740 and 1741 come into force on a day to be fixed by order of the Governor in Council.

International Boundary Commission Act

Amendments to the Act

 [Amendment]

 [Amendment]

Coming into Force

Marginal note:Order in council

Footnote * Sections 1743 and 1744 come into force on a day to be fixed by order of the Governor in Council.

International Development Research Centre Act

Amendments to the Act

 [Amendments]

 [Amendment]

 [Amendment]

 [Amendment]

 [Amendments]

 [Amendment]

 [Amendment]

 [Amendment]

Coming into Force

Marginal note:Order in council

Footnote * Sections 1746 to 1753 come into force on a day to be fixed by order of the Governor in Council.

National Defence Act

Amendment to the Act

 [Amendment]

Coming into Force

Marginal note:Order in council

Footnote * Section 1755 comes into force on a day to be fixed by order of the Governor in Council.

National Research Council Act

Amendment to the Act

 [Amendment]

Coming into Force

Marginal note:Order in council

Footnote * Section 1757 comes into force on a day to be fixed by order of the Governor in Council.

National Round Table on the Environment and the Economy Act

Amendment to the Act

 [Amendment]

Coming into Force

Marginal note:Order in council

Footnote * Section 1759 comes into force on a day to be fixed by order of the Governor in Council.

Natural Sciences and Engineering Research Council Act

Amendment to the Act

 [Amendment]

Coming into Force

Marginal note:Order in council

Footnote * Section 1761 comes into force on a day to be fixed by order of the Governor in Council.

Public Sector Pension Investment Board Act

Amendment to the Act

 [Amendment]

Coming into Force

Marginal note:Order in council

Footnote * Section 1763 comes into force on a day to be fixed by order of the Governor in Council.

Roosevelt Campobello International Park Commission Act

Amendment to the Act

 [Amendment]

Coming into Force

Marginal note:Order in council

Footnote * Section 1765 comes into force on a day to be fixed by order of the Governor in Council.

Social Sciences and Humanities Research Council Act

Amendment to the Act

 [Amendment]

Coming into Force

Marginal note:Order in council

Footnote * Section 1767 comes into force on a day to be fixed by order of the Governor in Council.

Standards Council of Canada Act

Amendments to the Act

 [Amendment]

 [Amendment]

 [Amendment]

 [Amendment]

Coming into Force

Marginal note:Order in council

Footnote * Sections 1769 to 1772 come into force on a day to be fixed by order of the Governor in Council.

Status of the Artist Act

Amendment to the Act

 [Amendment]

Coming into Force

Marginal note:Order in council

Footnote * Section 1774 comes into force on a day to be fixed by order of the Governor in Council.

DIVISION 2North American Free Trade Agreement Implementation Act

Amendments to the Act

 [Amendment]

 [Amendment]

Transitional Provisions

 [Transitional Provisions]

Consequential Amendments to the Financial Administration Act

 [Amendment]

 [Amendment]

 [Amendment]

Consequential Amendment to the Special Import Measures Act

 [Amendment]

Coming into Force

Marginal note:Order in council

Footnote * Sections 1776 to 1782 come into force on a day to be fixed by order of the Governor in Council.

DIVISION 3The Intercolonial and Prince Edward Island Railways Employees’ Provident Fund Act

Repeal of the Act

 [Repeal]

Coming into Force

Marginal note:Order in council

Footnote * Section 1784 comes into force on a day to be fixed by order of the Governor in Council.

PART 9Pension Benefits Standards Act, 1985

Amendments to the Act

 [Amendments]

 [Amendment]

 [Amendments]

 [Amendment]

 [Amendment]

 [Amendments]

 [Amendment]

 [Amendments]

 [Amendment]

 [Amendment]

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 [Amendments]

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 [Amendments]

 [Amendments]

 [Amendment]

 [Amendment]

 [Amendments]

 [Amendments]

 [Amendment]

 [Amendment]

 [Amendment]

 [Amendment]

 [Amendment]

Transitional Provision

 [Repealed before coming into force, 2010, c. 25, s. 198]

Coming into Force

Marginal note:Order in council

Footnote * The provisions of this Part — other than sections 1788, 1789, 1792, 1793, 1794, 1796, 1798, 1799, 1801, 1803, 1810 and 1811, subsection 1813(2), section 1814, subsections 1816(1) and (3), section 1819, subsections 1820(2) to (5), (7), (8) and (10) and sections 1821, 1824 and 1825 — come into force on a day or days to be fixed by order of the Governor in Council.

  • Return to footnote *[Note: Sections 1788, 1789, 1792, 1793, 1794, 1796, 1798, 1799, 1801, 1803, 1810 and 1811, subsection 1813(2), section 1814, subsections 1816(1) and (3), section 1819, subsections 1820(2) to (5), (7), (8) and (10) and sections 1821, 1824 and 1825 in force on assent July 12, 2010; section 1797 and subsection 1820(12) in force October 31, 2010, see SI/2010-82; sections 1786 and 1790, subsections 1791(1) to (4), sections 1795 and 1812, subsections 1815(2) and (3) and subsections 1816(4) to (7), section 1817 and subsections 1820(1), (9) and (11) in force April 1, 2011, section 1787, subsection 1791(5), sections 1800, 1802 and 1805 to 1809, subsections 1813(1) and 1815(1) and sections 1818, 1822 and 1823 in force July 1, 2011, see SI/2011-21; section 1804 and subsection 1820(6) in force April 1, 2015, see SI/2015-19.]

PART 10Agreement on Social Security Between Canada and the Republic of Poland — Retroactive Coming into Force

Marginal note:Coming into force of Agreement

 Despite sections 41 and 42 of the Old Age Security Act, the Agreement on Social Security between Canada and the Republic of Poland, signed on April 2, 2008, is deemed to have come into force in Canada on October 1, 2009.

Marginal note:Actions taken

 All actions taken in accordance with the conditions of the Agreement referred to in section 1828 during the period beginning on October 1, 2009 and ending on the day on which section 1828 comes into force, including the exchange of information — with respect to a person — that is obtained under the Old Age Security Act or prepared under that Act from that information between the competent authorities or competent institutions of Canada and the Republic of Poland and the payment of any benefits purporting to have been made under that Act, are deemed to be lawful.

Marginal note:Interpretation

 For the purposes of section 1829, competent authority and competent institution have the same meanings as in the Agreement referred to in section 1828.

PART 11Export Development Act

 [Amendment]

 [Amendment]

 [Amendment]

PART 12Payment Card Networks

Enactment of Payment Card Networks Act

Marginal note:Enactment

 The Payment Card Networks Act is enacted as follows:

[See Payment Card Networks Act]

Related Amendments to the Financial Consumer Agency of Canada Act

 [Amendment]

 [Amendment]

 [Amendments]

 [Amendment]

 [Amendment]

 [Amendments]

 [Amendment]

 [Amendments]

 [Amendments]

 [Amendment]

 [Amendment]

 [Amendment]

 [Amendment]

 [Amendment]

 [Amendment]

Coming into Force

Marginal note:Order in council

Footnote * Sections 6 and 7 of the Payment Card Networks Act, as enacted by section 1834, come into force on a day to be fixed by order of the Governor in Council.

PART 13Financial Consumer Agency of Canada Act

Amendments to the Act

 [Amendments]

 [Amendments]

 [Amendment]

 [Amendment]

 [Amendment]

 [Amendment]

 [Amendment]

Consequential Amendments

Bank Act

 [Amendment]

Cooperative Credit Associations Act

 [Amendment]

Insurance Companies Act

 [Amendment]

Trust and Loan Companies Act

 [Amendment]

PART 14Proceeds of Crime (Money Laundering) and Terrorist Financing Act

Amendments to the Act

 [Amendments]

 [Amendment]

 [Amendment]

 [Amendment]

 [Amendment]

 [Amendment]

 [Amendment]

 [Amendment]

 [Amendments]

 [Amendment]

 [Amendment]

 [Amendment]

 [Amendment]

 [Amendments]

 [Amendment]

 [Amendment]

 [Amendments]

 [Amendment]

 [Amendment]

 [Amendment]

 [Amendment]

Consequential Amendment to the Office of the Superintendent of Financial Institutions act

 [Amendment]

Coming into Force

Marginal note:Royal assent of Economic Action Plan 2014 Act, No. 1

Footnote * The provisions of this Part, other than sections 1874 and 1875, are deemed to have come into force immediately before the day on which the Economic Action Plan 2014 Act, No. 1 receives royal assent.

  • Return to footnote *[Note: Sections 1874 and 1875 in force February 14, 2011, see SI/2011-13; Part 14, other than sections 1874 and 1875, in force June 18, 2014.]

  • 2010, c. 12, s. 1884
  • 2014, c. 20, s. 297

PART 15Canada Post Corporation Act

 [Amendment]

PART 16Canada Deposit Insurance Corporation Act

Amendments to the Act

 [Amendment]

 [Amendment]

 [Amendment]

 [Amendment]

 [Amendment]

 [Amendment]

 [Amendment]

Coming into Force

Marginal note:Subsection 245(7) of the Budget Implementation Act, 2009

Footnote * Sections 1889 and 1890 come into force on the day on which subsection 245(7) of the Budget Implementation Act, 2009 comes into force or, if it is later, on the day on which this Act receives royal assent.

PART 17Federal Credit Unions

Bank Act

 [Amendments]

 [Amendment]

 [Amendment]

 [Amendments]

 [Amendment]

 [Amendments]

 [Amendment]

 [Amendments]

 [Amendment]

 [Amendment]

 [Amendment]

 [Amendment]

 [Amendment]

 [Amendment]

 [Amendment]

 [Amendment]

 [Amendment]

 [Amendment]

 [Amendment]

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 [Amendment]

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 [Amendment]

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 [Amendments]

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 [Amendments]

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Canada Deposit Insurance Corporation Act

 [Amendments]

 [Amendment]

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 [Amendment]

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 [Amendment]

 [Amendment]

 [Amendment]

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 [Amendment]

 [Amendment]

 [Amendments]

 [Amendments]

Income Tax Act

 [Amendment]

 [Amendments]

Related Amendments

Bank of Canada Act

 [Amendment]

 [Amendment]

 [Amendment]

Canada Cooperatives Act

 [Amendment]

Cooperative Credit Associations Act

 [Amendment]

 [Amendments]

Financial Consumer Agency of Canada Act

 [Amendment]

Insurance Companies Act

 [Amendment]

 [Amendment]

 [Amendment]

 [Amendment]

 [Amendment]

Office of the Superintendent of Financial Institutions Act

 [Amendment]

Trust and Loan Companies Act

 [Amendment]

 [Amendment]

 [Amendment]

Winding-up and Restructuring Act

 [Amendment]

 [Amendment]

 [Amendment]

 [Amendment]

 [Amendment]

 [Amendment]

 [Amendment]

 [Amendments]

 [Amendment]

Coordinating Amendments

 [Amendments]

Coming into Force

Marginal note:Order in council

Footnote * The provisions of this Part come into force on a day or days to be fixed by order of the Governor in Council.

PART 18Atomic Energy of Canada Limited

Reorganization and Divestiture

Marginal note:Definitions

  •  (1) The following definitions apply in this Part.

    AECL

    AECL means Atomic Energy of Canada Limited. (EACL)

    assets

    assets includes

    • (a) in relation to an entity, the securities of another entity held by, on behalf of or in trust for the entity; and

    • (b) intangible property. (actifs)

    Minister

    Minister means the Minister of Natural Resources. (ministre)

    security

    security means

    • (a) in relation to a corporation, a share of any class or series of shares or a debt obligation of the corporation, and includes any conversion or exchange privilege, option or other right to acquire a share or debt obligation of the corporation; and

    • (b) in relation to any other entity, any ownership interest in or debt obligation of the entity and includes any conversion or exchange privilege, option or other right to acquire an ownership interest or debt obligation of the entity. (titre)

  • Marginal note:Interpretation

    (2) In this Part corporation, share and wholly-owned subsidiary have the same meaning as in subsection 83(1) of the Financial Administration Act.

  • Marginal note:Interpretation

    (3) Unless a contrary intention appears, words and expressions used in this Part have the same meaning as in the Canada Business Corporations Act.

  • Marginal note:Inconsistency

    (4) In the event of any inconsistency between this Part and the Canada Business Corporations Act or anything issued, made or established under that Act, this Part prevails to the extent of the inconsistency.

  • Marginal note:Operation of Competition Act

    (5) Nothing in, or done under the authority of, this Part affects the operation of the Competition Act in respect of the acquisition of any interest in an entity.

Marginal note:Purpose

 The purpose of this Part is to authorize a number of measures for the reorganization and divestiture of all or any part of AECL’s business.

Marginal note:Authority to sell shares, etc.

  •  (1) The Minister may, with the approval of the Governor in Council and on any terms that the Governor in Council considers appropriate,

    • (a) despite section 11 of the Nuclear Energy Act, sell or otherwise dispose of some or all of the securities of AECL;

    • (b) procure an addition to, or other material change in, the objects or purposes for which AECL is incorporated or the restrictions on the businesses or activities that it may carry on, as set out in its articles;

    • (c) procure the amalgamation of AECL; or

    • (d) procure the dissolution of AECL.

  • Marginal note:Additional powers

    (2) The Minister may do anything or cause anything to be done that is necessary for, or incidental to, a measure approved under subsection (1).

Marginal note:Authority with respect to entities

  •  (1) The Minister may, with the approval of the Governor in Council and on any terms that the Governor in Council considers appropriate,

    • (a) procure the incorporation of a corporation, securities of which, on incorporation, would be held by, on behalf of or in trust for, Her Majesty in right of Canada and sell or otherwise dispose of some or all of the securities of the corporation;

    • (b) procure the formation of any other entity, securities of which, on formation, would be held by, on behalf of or in trust for, Her Majesty in right of Canada and sell or otherwise dispose of some or all of the securities of the entity;

    • (c) acquire securities of a corporation that, on acquisition, would be held by, on behalf of or in trust for, Her Majesty in right of Canada and sell or otherwise dispose of some or all of the securities of the corporation; and

    • (d) acquire securities of any other entity that, on acquisition, would be held by, on behalf of or in trust for, Her Majesty in right of Canada and sell or otherwise dispose of some or all of the securities of the entity.

  • Marginal note:Additional powers

    (2) The Minister may do anything or cause anything to be done that is necessary for, or incidental to, a measure approved under subsection (1).

  • Marginal note:Part X of the Financial Administration Act

    (3) The Governor in Council may, by order, declare that any of the provisions of Part X of the Financial Administration Act do not apply to a corporation referred to in subsection (1)(a).

Marginal note:Authority

  •  (1) AECL, a corporation referred to in paragraph 2140(1)(a), any other entity referred to in paragraph 2140(1)(b) or any one of their wholly-owned subsidiaries or wholly-owned entities may, with the approval of the Governor in Council and on any terms that the Governor in Council considers appropriate,

    • (a) sell or otherwise dispose of some or all of its assets;

    • (b) sell or otherwise dispose of some or all of its liabilities;

    • (c) issue securities and sell or otherwise dispose of some or all of those securities;

    • (d) reorganize its capital structure;

    • (e) acquire assets of a corporation or any other entity;

    • (f) procure an addition to, or other material change in, the objects or purposes for which it is incorporated or formed or the restrictions on the businesses or activities that it may carry on, as set out in its articles or constituting documents;

    • (g) procure the incorporation of a corporation, securities of which, on incorporation, would be held by, on behalf of or in trust for, the entity that procures the incorporation;

    • (h) procure the formation of any other entity, securities of which, on formation, would be held by, on behalf of or in trust for, the entity that procures the formation;

    • (i) acquire securities of a corporation or any other entity that, on acquisition, would be held by, on behalf of or in trust for, the entity that acquires the securities;

    • (j) sell or otherwise dispose of some or all of the securities of a corporation or any other entity that are held by, on behalf of or in trust for, the entity that sells or otherwise disposes of the securities;

    • (k) procure its amalgamation or the amalgamation of any of its wholly-owned subsidiaries;

    • (l) procure its dissolution or the dissolution of any of its wholly-owned subsidiaries; or

    • (m) do anything that is necessary for, or incidental to, a measure approved under paragraphs (a) to (l).

  • Marginal note:Additional powers

    (2) The Governor in Council may, on the recommendation of the Minister and on any terms that the Governor in Council considers appropriate, direct AECL, a corporation referred to in paragraph 2140(1)(a) or any other entity referred to in paragraph 2140(1)(b) to take, or cause any of its wholly-owned subsidiaries or wholly-owned entities to take, a measure referred to in subsection (1).

  • Marginal note:Limitation

    (3) The Governor in Council may not issue a directive to AECL, a corporation referred to in paragraph 2140(1)(a) or any other entity referred to in paragraph 2140(1)(b)

    • (a) after any of its securities are sold or otherwise disposed of; or

    • (b) with respect to any of its wholly-owned subsidiaries or wholly-owned entities, after the wholly-owned subsidiaries or wholly-owned entities’ securities are sold or otherwise disposed of.

  • Marginal note:Compliance with directive

    (4) The directors of AECL or of the corporation, or persons acting in a similar capacity with respect to the entity, must comply with a directive issued by the Governor in Council. That compliance is in the best interests of AECL, the corporation or the entity, as the case may be, to whom the directive is issued.

  • Marginal note:Notification of implementation

    (5) As soon as is feasible after implementing a directive and completing any actions that are required to be taken in connection with that implementation, AECL, the corporation or the entity must notify the Minister that it has done so.

Marginal note:Non-application of Statutory Instruments Act

 The Statutory Instruments Act does not apply to a directive.

Marginal note:Tabling in Parliament

  •  (1) The Minister is to cause a copy of a directive 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 directive is issued.

  • Marginal note:Exception — detrimental information

    (2) However, if the Minister is of the opinion that publishing information contained in the directive would be detrimental to Canada’s interests or the commercial interests of AECL or the corporation or other entity to whom the directive is issued, as the case may be, the Minister is to cause a copy of the directive 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 he or she is notified that the directive has been implemented.

  • Marginal note:Consultation

    (3) The Minister must consult the board of directors of AECL or the corporation, or the person or group of persons acting in a similar capacity for the entity, before forming an opinion whether publishing information contained in the directive would be detrimental.

Marginal note:Application of proceeds of disposition

 AECL or a corporation or other entity referred to in subsection 2141(1) must pay the proceeds from the sale or other disposition of any assets, securities or liabilities under that subsection to the Receiver General.

Marginal note:Financial Administration Act

 Sections 89, 90 and 91 and subsection 99(2) of the Financial Administration Act do not apply to any measure referred to in sections 2139 to 2141.

Marginal note:Appropriation

 On the requisition of the Minister and with the concurrence of the Minister of Finance, there may be paid out of the Consolidated Revenue Fund any amount that is required to carry out a measure referred to in sections 2139 to 2141.

Canadian Nuclear Laboratories Ltd.

Marginal note:Not an agent

 Canadian Nuclear Laboratories Ltd., a corporation incorporated under the Canada Business Corporations Act on May 30, 2014, is not an agent of Her Majesty in right of Canada.

  • 2010, c. 12, s. 2147
  • 2014, c. 39, s. 378

Marginal note:Deeming on sale or disposition

  •  (1) A sale or other disposition by AECL of the securities of Canadian Nuclear Laboratories Ltd. under paragraph 2141(1)(j) is deemed to be a transfer or divestiture of the administration of a service to which subsection 40.1(1) of the Public Service Superannuation Act applies. On the day on which the sale or disposition occurs,

    • (a) every employee of Canadian Nuclear Laboratories Ltd. is deemed to be a contributor to whom that subsection 40.1(1) applies; and

    • (b) Canadian Nuclear Laboratories Ltd. is deemed to be the person, referred to in that subsection 40.1(1), to whom the service is transferred or divested who becomes the employer of the employees.

  • Marginal note:Transitional period

    (2) Canadian Nuclear Laboratories Ltd. forms part of the public service for the purposes of the Public Service Superannuation Act, as if the Treasury Board had so directed under paragraph 40.1(2)(a) of that Act, for a period of three years beginning on the day on which the sale or other disposition referred to in subsection (1) takes place.

  • Marginal note:Monthly payments

    (3) As a condition of remaining part of the public service, Canadian Nuclear Laboratories Ltd. must make monthly payments into the Superannuation Account or the Public Service Pension Fund of the amounts determined in accordance with section 9 of the Public Service Superannuation Regulations.

  • Marginal note:Not required to contribute

    (4) An individual who becomes, or again becomes, an employee of Canadian Nuclear Laboratories Ltd. after the day on which the sale or other disposition referred to in subsection (1) takes place is not required to contribute under section 5 of the Public Service Superannuation Act during the period referred to in subsection (2).

  • Marginal note:For greater certainty

    (5) For greater certainty, regulations may be made under paragraph 42.1(1)(u) of the Public Service Superannuation Act with respect to the employees who are deemed to be contributors under paragraph (1)(a).

  • 2010, c. 12, s. 2148
  • 2014, c. 39, s. 379

Public Service Superannuation Act

 [Amendment]

PART 19Participant Funding Programs

National Energy Board Act

 [Amendment]

Nuclear Safety and Control Act

 [Amendments]

 [Amendments]

PART 20Environmental Assessment

Canadian Environmental Assessment Act

Amendments to the Act

 [Amendment]

 [Amendment]

 [Amendment]

 [Amendment]

 [Amendment]

 [Amendments]

 [Amendment]

 [Amendments]

 [Amendment]

 [Amendment]

Transitional Provisions

 [Transitional Provision]

 [Transitional Provision]

Exclusion List Regulations, 2007

 [Amendment]

 [Amendment]

 [Amendment]

Regulations Amending the Exclusion List Regulations, 2007

 [Amendment]

 [Amendment]

 [Amendment]

 [Amendment]

Infrastructure Projects Environmental Assessment Adaptation Regulations

 [Repeal]

PART 21Canada Labour Code

Amendments to the Act

 [Repealed before coming into force, 2017, c. 20, s. 399]

 [Repealed before coming into force, 2017, c. 20, s. 399]

 [Repealed before coming into force, 2017, c. 20, s. 399]

 [Repealed before coming into force, 2017, c. 20, s. 399]

 [Repealed before coming into force, 2017, c. 20, s. 399]

 [Repealed before coming into force, 2017, c. 20, s. 399]

Transitional Provision

 [Transitional Provision]

Coming into Force

Marginal note:Order in council

Footnote * Sections 2172 to 2177 come into force on a day or days to be fixed by order of the Governor in Council.

  • Return to footnote *[Note: Sections 2172 to 2177 repealed before coming into force, see 2017, c. 20, s. 399.]

PART 22Payments to Certain Entities

Canadian Youth Business Foundation

Marginal note:Maximum payment of $10,000,000

 There may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister of Industry, a sum not exceeding ten million dollars to the Canadian Youth Business Foundation for its use

Genome Canada

Marginal note:Maximum payment of $75,000,000

 There may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister of Industry, a sum not exceeding seventy-five million dollars to Genome Canada for its use.

Pathways to Education Canada

Marginal note:Maximum payment of $20,000,000

 There may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister of Human Resources and Skills Development, a sum not exceeding twenty million dollars to Pathways to Education Canada for its use.

Rick Hansen Foundation

Marginal note:Maximum payment of $13,500,000

 There may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister of Western Economic Diversification, a sum not exceeding thirteen million, five hundred thousand dollars to the Rick Hansen Foundation for its use.

PART 23Telecommunications Act

 [Amendments]

PART 24Employment Insurance Financing

Employment Insurance Act

Amendments to the Act

 [Amendment]

 [Amendment]

 [Amendment]

 [Amendment]

 [Amendment]

 [Amendment]

 [Amendment]

 [Amendment]

 [Amendment]

 [Amendment]

Transitional Provisions

 [Transitional Provision]

 [Transitional Provision]

 [Transitional Provision]

 [Transitional Provision]

 [Transitional Provision]

 [Transitional Provision]

Consequential Amendments

Department of Human Resources and Skills Development Act

 [Amendment]

Employment Insurance Regulations

 [Amendment]

 [Amendment]

Budget Implementation Act, 2008

 [Amendments]

 [Amendment]

 [Amendment]

Canada Employment Insurance Financing Board Act

 [Amendment]

Coming into Force

Marginal note:January 1, 2009

SCHEDULE 1(Section 1642)

[Amendments]

SCHEDULE 2(Section 1644)

[Amendments]

SCHEDULE 3(Section 2161)

[Amendment]

RELATED PROVISIONS

  • — 2012, c. 31, s. 96

    • 96 The Input Tax Credit Allocation Methods (GST/HST) Regulations are deemed

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