Coming into Force

Marginal note:January 1, 2012

145. Sections 137 and 142 to 144 come into force on January 1, 2012.

PART 4FACILITATING LOW VALUE IMPORTS

1997, c. 36Customs Tariff

146. The List of Tariff Provisions set out in the schedule to the Customs Tariff is amended by adding, in numerical order, the tariff provisions set out in Schedule 3 to this Act.

Coming into Force

Marginal note:January 1, 2012

147. This Part comes into force on January 1, 2012.

PART 52004, c. 26CANADA EDUCATION SAVINGS ACT

Amendments to the Act

• 148. (1) Section 5 of the Canada Education Savings Act is amended by adding the following after subsection (6):

  • Marginal note:Change in care

    (6.1) If, in a month following January in a particular year, an individual who was not the primary caregiver of a beneficiary in January of that year becomes the beneficiary’s primary caregiver, then the adjusted income to be used for the purposes of subsection (4) in respect of contributions made to the trustee of the trust designated by that individual is the adjusted income used to determine the amount of a child tax benefit for the first month in the particular year in respect of which the individual’s eligibility for the child tax benefit has been established.

  • Marginal note:Change in care in December

    (6.2) In applying subsection (6.1) in respect of a beneficiary for whom the individual becomes the beneficiary’s primary caregiver in December, the reference to “the first month in the particular year in respect of which the individual’s eligibility for the child tax benefit has been established” in that subsection is to be read as a reference to “January of the next year”.

• (2) Subsection 5(7) of the French version of the Act is replaced by the following:

  • Marginal note:Désignation

    (7) La somme visée au paragraphe (4) est versée au fiduciaire de toute fiducie que le responsable du bénéficiaire au moment où la cotisation est versée désigne en la forme et selon les modalités que le ministre approuve.

• (3) Section 5 of the Act is amended by adding the following after subsection (7):

  • Marginal note:More than one primary caregiver

    (7.1) If there is more than one primary caregiver of the beneficiary at the time a contribution is made, the amount referred to in subsection (4) is to be paid to the trustee of the trust designated under subsection (7) to which a contribution is first made.

  • Marginal note:Additional grant less than maximum amount

    (7.2) For greater certainty, if there is more than one primary caregiver of the beneficiary and the total of all amounts paid under subsection (4) to the trustee of the trust to which a contribution is first made is less than the maximum amount that may be paid under that subsection, then amounts may be paid under that subsection to the trustee of a trust designated by any primary caregiver of the beneficiary.

Coming into Force

Marginal note:July 1, 2011

149. This Part is deemed to have come into force on July 1, 2011.

PART 6CHILDREN’S SPECIAL ALLOWANCES

1992, c. 48, Sch.Children’s Special Allowances Act

• 150. (1) The portion of paragraph 3(1)(a) of the Children’s Special Allowances Act after subparagraph (ii) is replaced by the following:

  and who resides in an institution, a group foster home, the private home of foster parents or in the private home of a guardian, tutor or other individual occupying a similar role for the month, under a decree, order or judgment of a competent tribunal; or

• Marginal note:Application

  (2) Paragraph 3(1)(a) of the Act, as amended by subsection (1), applies to special allowances payable for months after December 2011.

SOR/93-12Children’s Special Allowance Regulations

• 151. (1) Section 9 of the Children’s Special Allowance Regulations is replaced by the following:

  9. For the purposes of the Act, a child is considered to be maintained by an applicant in a month if

  • (a) the applicant, at the end of the month, provides for the child’s care, maintenance, education, training and advancement to a greater extent than any other department, agency or institution or any person; or

  • (b) the applicant is an entity referred to in paragraph 3(1)(a) or (b) of the Act that has applied in respect of a child who

    • (i) was formerly in the care of foster parents or was formerly maintained by an entity referred to in paragraph 3(1)(a) or (b) of the Act, and

    • (ii) has been placed in the permanent or temporary custody of a guardian, tutor or other individual occupying a similar role for the month, under a decree, order or judgment of a competent tribunal who has received financial assistance from the applicant for the month in respect of the child’s maintenance.

• Marginal note:Application

  (2) Section 9 of the Regulations, as enacted by subsection (1), applies to special allowances payable for months after December 2011.

PART 7FEDERAL FINANCIAL ASSISTANCE FOR STUDENTS

1994, c. 28Canada Student Financial Assistance Act

Marginal note:2008, c. 28, s. 101(1)

152. Subsection 2(2) of the Canada Student Financial Assistance Act is replaced by the following:

153. The Act is amended by adding the following after section 9.1:

Marginal note:2000, c. 14, s. 18

154. Section 13 of the Act is replaced by the following:

Marginal note:2008, c. 28, s. 108(2)

• 155. (1) Paragraph 15(1)(f.1) of the Act is replaced by the following:

  • (f.1) respecting the circumstances in which an amount on account of principal or interest is not required to be paid in respect of student loans;

• (2) Subsection 15(1) of the Act is amended by adding the following after paragraph (o):

  • (o.1) prescribing the amount that may be forgiven in respect of a year under section 9.2 in respect of a student loan;

  • (o.2) prescribing the maximum number of years in respect of which amounts may be forgiven under section 9.2 in respect of a student loan;

• (3) Section 15 of the Act is amended by adding the following after subsection (1):

  • Marginal note:Maximum aggregate amount of outstanding student loans

    (1.1) On the Minister’s recommendation with the Minister of Finance’s concurrence, the Governor in Council may make regulations, for the purposes of section 13,

    • (a) prescribing the aggregate amount of outstanding student loans that may not be exceeded; and

    • (b) prescribing the student loans that are to be considered for the purposes of determining, at a given time, the aggregate amount of outstanding student loans.

Marginal note:2009, c. 2, s. 363

• 156. (1) Paragraph 17.1(1)(a) of the Act is replaced by the following:

  • (a) deny the person financial assistance for a prescribed period;

• Marginal note:2009, c. 2, s. 363

  (2) Subsection 17.1(6) of the Act is replaced by the following:

  • Marginal note:Limitation or prescription

    (6) The Minister may not take any measure under subsection (1) or (2) later than six years after the day on which he or she becomes aware of the false statement or misrepresentation or the false or misleading information.

R.S., c. S-23Canada Student Loans Act

157. The Canada Student Loans Act is amended by adding the following after section 11: