Jobs, Growth and Long-term Prosperity Act (S.C. 2012, c. 19)
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Assented to 2012-06-29
PART 4VARIOUS MEASURES
Division 492005, c. 9First Nations Fiscal and Statistical Management Act
R.S., c. F-11Financial Administration Act
Marginal note:2005, c. 9, s. 149
676. Part I of Schedule III to the Financial Administration Act is amended by striking out the following:
First Nations Statistical Institute
Institut de la statistique des premières nations
R.S., c. I-5Indian Act
Marginal note:2005, c. 9, s. 150
677. The portion of subsection 87(1) of the Indian Act before paragraph (a) is replaced by the following:
Marginal note:Property exempt from taxation
87. (1) Notwithstanding any other Act of Parliament or any Act of the legislature of a province, but subject to section 83 and section 5 of the First Nations Fiscal Management Act, the following property is exempt from taxation:
Marginal note:2005, c. 9, s. 151
678. Section 88 of the Act is replaced by the following:
Marginal note:General provincial laws applicable to Indians
88. Subject to the terms of any treaty and any other Act of Parliament, all laws of general application from time to time in force in any province are applicable to and in respect of Indians in the province, except to the extent that those laws are inconsistent with this Act or the First Nations Fiscal Management Act, or with any order, rule, regulation or law of a band made under those Acts, and except to the extent that those provincial laws make provision for any matter for which provision is made by or under those Acts.
R.S., c. P-21Privacy Act
Marginal note:2005, c. 9, s. 152
679. The schedule to the Privacy Act is amended by striking out the following under the heading “OTHER GOVERNMENT INSTITUTIONS”:
First Nations Statistical Institute
Institut de la statistique des premières nations
2004, c. 17Westbank First Nation Self-Government Act
Marginal note:2005, c. 9, s. 153
680. The portion of section 8.1 of the Westbank First Nation Self-Government Act before paragraph (a) is replaced by the following:
Marginal note:First Nations Fiscal Management Act
8.1 Notwithstanding any provision of this Act or the Agreement, for the purpose of enabling the Westbank First Nation to benefit from the provisions of the First Nations Fiscal Management Act or obtain the services of any body established under that Act, the Governor in Council may make any regulations that the Governor in Council considers necessary, including regulations
Coming into Force
Marginal note:Order in council
681. This Division comes into force on a day to be fixed by order of the Governor in Council.
Division 502005, c. 21Canadian Forces Members and Veterans Re-establishment and Compensation Act
Amendments to the Act
Marginal note:2011, c. 12, ss. 3 to 5
682. Sections 3 to 5 of the Canadian Forces Members and Veterans Re-establishment and Compensation Act are replaced by the following:
Marginal note:Eligibility — veterans and survivors
3. The Minister may, on application, pay or reimburse fees in respect of the provision of prescribed career transition services to a veteran or their survivor if the veteran or survivor meets the prescribed eligibility criteria.
Marginal note:2011, c. 12, s. 17(1)
683. (1) Paragraph 94(a) of the Act is replaced by the following:
(a) respecting the time and manner of making an application under this Act for rehabilitation services, vocational assistance, compensation or payment or reimbursement of fees in respect of career transition services, and respecting the information that is required to accompany the application;
Marginal note:2011, c. 12, s. 17(2)
(2) Paragraph 94(e) of the Act is replaced by the following:
(d.1) setting out, for the purposes of section 3, criteria in respect of the eligibility of providers of career transition services and of those services;
(d.2) providing for the payment or reimbursement of fees in respect of the provision of career transition services, including a maximum amount of fees that may be paid or reimbursed, under section 3;
(e) respecting the provision of information or documents to the Minister by any person who applies for or is in receipt of rehabilitation services, vocational assistance, an earnings loss benefit, a Canadian Forces income support benefit, a permanent impairment allowance, a clothing allowance or a payment or reimbursement of fees in respect of career transition services under this Act, and authorizing the Minister to suspend the delivery of the services or assistance, the payment of the benefit or allowance or the payment or reimbursement of fees until the information or documents are provided;
Coming into Force
Marginal note:Order in council
684. This Division comes into force on a day to be fixed by order of the Governor in Council.
Division 512005, c. 35Repeal of the Department Of Social Development Act
Repeal
Marginal note:Repeal
685. The Department of Social Development Act, chapter 35 of the Statutes of Canada, 2005, is repealed.
National Council of Welfare
Marginal note:National Council of Welfare
686. (1) Members of the National Council of Welfare cease to hold office on the coming into force of this subsection.
Marginal note:Former members not entitled to relief
(2) Despite the provisions of any contract, agreement or order, no person appointed to hold office as a member of the National Council of Welfare has any right to claim or receive any compensation, damages, indemnity or other form of relief from Her Majesty in right of Canada or from any employee or agent of Her Majesty for ceasing to hold that office or for the abolition of that office by the operation of this Division.
2005, c. 34Related Amendment to the Department of Human Resources and Skills Development Act
687. Sections 5 to 8 of the Department of Human Resources and Skills Development Act are replaced by the following:
Marginal note:Powers, duties and functions
5. (1) The Minister’s powers, duties and functions extend to and include all matters relating to human resources and skills development in Canada or the social development of Canada over which Parliament has jurisdiction and which are not by law assigned to any other Minister, department, board or agency of the Government of Canada.
Marginal note:Exercise of powers
(2) The Minister shall exercise the powers and perform the duties and functions
(a) relating to human resources and skills development with a view to improving the standard of living and quality of life of all Canadians by promoting a highly skilled and mobile workforce and an efficient and inclusive labour market; and
(b) relating to social development with a view to promoting social well-being and income security.
Marginal note:Powers
6. In exercising the powers and performing the duties and functions assigned to the Minister under this or any other Act, the Minister may
(a) subject to the Statistics Act, collect, analyse, interpret, publish and distribute information relating to human resources and skills development or to social development; and
(b) cooperate with provincial authorities with a view to coordinating efforts for human resources and skills development or for social development.
Marginal note:Programs
7. The Minister may, in exercising the powers and performing the duties and functions assigned by this Act, establish and implement programs designed to support projects or other activities that contribute to the development of the human resources of Canada and the skills of Canadians, or that contribute to the social development of Canada, and the Minister may make grants and contributions in support of the programs.
Consequential Amendments
R.S., c. F-11Financial Administration Act
Marginal note:2005, c. 35, s. 54
688. Schedule I to the Financial Administration Act is amended by striking out the following:
Department of Social Development
Ministère du Développement social
Marginal note:2006, c. 9, s. 270
689. Part I of Schedule VI to the Act is amended by striking out the following:
Department of Social Development
Ministère du Développement social
R.S., c. S-3Salaries Act
Marginal note:2005, c. 35, s. 65
690. Paragraph 4(2)(z.3) of the Salaries Act is repealed.
Marginal note:2005, c. 16, s. 20(1)
691. Paragraph 4.1(3)(z.21) of the Act is repealed.
R.S., c. 1 (5th Supp.)Income Tax Act
692. Subparagraph 241(4)(d)(x) of the Income Tax Act is replaced by the following:
(x) to an official of the Canada Employment Insurance Commission or the Department of Human Resources and Skills Development, solely for the purpose of the administration or enforcement of the Employment Insurance Act, an employment program of the Government of Canada or the evaluation or formation of policy for that Act or program,
1991, c. 30Public Sector Compensation Act
Marginal note:2005, c. 35, s. 64
693. Schedule I to the Public Sector Compensation Act is amended by striking out the following under the heading “DEPARTMENTS”:
Department of Social Development
Ministère du Développement social
Terminology Changes
Marginal note:Replacement of “Minister of Social Development”
694. Unless the context requires otherwise, “Minister of Social Development” is replaced by “Minister of Human Resources and Skills Development” in any other Act of Parliament, and more particularly in the following:
(a) in the Canada Pension Plan,
(i) the definition “province providing a comprehensive pension plan” in subsection 3(1),
(ii) subsections 3(2) and (3),
(iii) subsection 4(3),
(iv) subsections 26.1(1) and (2),
(v) section 27,
(vi) paragraph 27.2(1)(a),
(vii) the definition “Minister” in subsection 42(1),
(viii) the definition “Minister” in section 91, and
(ix) subsection 117(1);
(b) section 3 of the Energy Costs Assistance Measures Act;
(c) in the Family Orders and Agreements Enforcement Assistance Act,
(i) paragraph (a) of the definition “information bank director” in section 2, and
(ii) the portion of section 6 before paragraph (a);
(d) in the Federal-Provincial Fiscal Arrangements Act,
(i) subsection 13(3),
(ii) the definition “Minister” in section 18,
(iii) section 23.1,
(iv) subsection 24.3(2),
(v) the definition “Minister” in section 24.9,
(vi) section 25.8, and
(vii) paragraph 40(f);
(e) subsection 122.64(1) of the Income Tax Act; and
(f) in the Old Age Security Act,
(i) the definition “Minister” in section 2, and
(ii) section 46.
Marginal note:Replacement of “Department of Social Development”
695. (1) Unless the context requires otherwise, “Department of Social Development” is replaced by “Department of Human Resources and Skills Development” in any other Act of Parliament, and more particularly in the following:
(a) in the Canada Pension Plan,
(i) paragraph 66(3)(d), and
(ii) subsection 103(3);
(b) paragraph 81(d) of the Canadian Forces Members and Veterans Re-establishment and Compensation Act;
(c) paragraph 6.7(d) of the Department of Veterans Affairs Act;
(d) in the Family Orders and Agreements Enforcement Assistance Act,
(i) paragraphs 6(a) and (b), and
(ii) section 15;
(e) paragraph 122.64(2)(b) of the Income Tax Act;
(f) paragraph 109.2(d) of the Pension Act; and
(g) paragraph 30(2)(c) of the War Veterans Allowance Act.
Marginal note:Replacement — English version
(2) Every reference to “Department of Social Development” is replaced by a reference to “Department of Human Resources and Skills Development” in the English version of paragraph (a) of the definition “information bank director” in section 2 of the Family Orders and Agreements Enforcement Assistance Act.
Coming into Force
Marginal note:Order in council
696. Sections 685 to 695 come into force on a day or days to be fixed by order of the Governor in Council.
Division 522005, c. 47, s. 1Wage Earner Protection Program Act
Amendment to the Act
Marginal note:2011, c. 24, s. 163
697. Subparagraph (a)(i) of the definition “eligible wages” in subsection 2(1) of the English version of the Wage Earner Protection Program Act is replaced by the following:
(i) the six-month period ending on the date of the bankruptcy or the first day on which there was a receiver in relation to the former employer, and
Coming into Force
Marginal note:December 15, 2011
698. This Division is deemed to have come into force on December 15, 2011.
Division 532007, c. 30Kyoto Protocol Implementation Act
Marginal note:Repeal
699. The Kyoto Protocol Implementation Act, chapter 30 of the Statutes of Canada, 2007, is repealed.
Division 542001, c. 27Immigration and Refugee Protection Act
Amendments to the Act
700. Subsection 2(2) of the Immigration and Refugee Protection Act is replaced by the following:
Marginal note:Act includes regulations and instructions
(2) Unless otherwise indicated, references in this Act to “this Act” include regulations made under it and instructions given under subsection 14.1(1).
701. Section 4 of the Act is amended by adding the following after subsection (2):
Marginal note:Minister of Human Resources and Skills Development
(2.1) In making regulations under paragraphs 32(d.1) to (d.3), the Governor in Council may confer powers and duties on the Minister of Human Resources and Skills Development.
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