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Jobs, Growth and Long-term Prosperity Act (S.C. 2012, c. 19)

Assented to 2012-06-29

Transitional Provision

Marginal note:Transitional

 Section 14 of the Employment Insurance Act, as amended by section 604, applies only to claimants whose benefit period is established on or after April 7, 2013.

2008, c. 28, s. 121Consequential Amendments to the Canada Employment Insurance Financing Board Act

 Paragraph 4(b) of the Canada Employment Insurance Financing Board Act is repealed.

  •  (1) The portion of subsection 14(3) of the Act before paragraph (a) is replaced by the following:

    • Marginal note:Duties

      (3) The chief actuary shall prepare actuarial forecasts and estimates for the purposes of section 66 of the Employment Insurance Act and shall, on or before August 31 in each year, provide the board of directors with

  • (2) Paragraph 14(3)(b) of the Act is replaced by the following:

    • (b) the forecast fair market value at the end of the following year of the Board’s financial assets less its financial liabilities;

Coming into Force

Marginal note:April 7, 2013
  •  (1) Section 604 and subsections 608(2) and (3) come into force on April 7, 2013.

  • Marginal note:Order in council

    (2) Sections 605 and 607 come into force on a day to be fixed by order of the Governor in Council.

  • Marginal note:January 1

    (3) Subsections 609(2) and (6), 610(2) and 611(2) come into force on January 1 of the first year for which the Canada Employment Insurance Financing Board reports that, by the end of that year, according to its chief actuary’s projections, the total of the amounts credited to the Employment Insurance Operating Account after December 31, 2008, will be equal to or greater than the total of the amounts charged to that Account after that date.

Division 441997, c. 36Customs Tariff

Amendments to the Act

 The Description of Goods of tariff item No. 2710.19.91 in the List of Tariff Provisions set out in the schedule to the Customs Tariff is amended by striking out the reference to “; Oils and preparations thereof, having a viscosity of 7.44 mm2/sec. or more at 37.8° C”.

 The Description of Goods of tariff item No. 2710.20.10 in the List of Tariff Provisions set out in the schedule to the Act is amended by striking out the reference to “; Oils and preparations thereof, having a viscosity of 7.44 mm2/sec. or more at 37.8° C”.

 The Description of Goods of tariff item No. 9804.10.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing the reference to “four hundred dollars” with a reference to “eight hundred dollars”.

 The Description of Goods of tariff item No. 9804.20.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing the reference to “seven hundred and fifty dollars” with a reference to “eight hundred dollars”.

 The Description of Goods of tariff item No. 9804.40.00 in the List of Tariff Provisions set out in the schedule to the Act is amended by replacing the reference to “fifty dollars” with a reference to “two hundred dollars”.

Coming into Force

Marginal note:March 30, 2012
  •  (1) Sections 620 and 621 are deemed to have come into force on March 30, 2012.

  • Marginal note:June 1, 2012

    (2) Sections 622 to 624 come into force on June 1, 2012.

Division 451998, c. 10Canada Marine Act

 Subsection 8(5) of the Canada Marine Act is replaced by the following:

  • Marginal note:When Governor in Council approval required

    (5) Any provisions of letters patent relating to limits on a port authority’s power to borrow money on its credit for port purposes shall be approved by the Governor in Council, on the recommendation of the Minister and the Minister of Finance, before the letters patent are issued.

Division 461999, c. 24First Nations Land Management Act

 Subsection 2(1) of the First Nations Land Management Act is amended by adding the following in alphabetical order:

“Surveyor General”

« arpenteur général »

“Surveyor General” has the same meaning as in subsection 2(1) of the Canada Lands Surveys Act.

 Paragraph 6(1)(a) of the Act is replaced by the following:

  • (a) a description of the land that is to be subject to the land code that the Surveyor General may prepare or cause to be prepared or any other description that is, in the Surveyor General’s opinion, sufficient to identify those lands;

 The Act is amended by adding the following after section 6:

Marginal note:Survey not mandatory

6.1 If the Surveyor General prepares or causes to be prepared a description of lands under paragraph 6(1)(a), the Surveyor General may, if he or she considers it appropriate, survey or have those lands surveyed in accordance with the Canada Lands Surveys Act.

  •  (1) The portion of subsection 7(1) of the Act before paragraph (a) is replaced by the following:

    Marginal note:Excluded land
    • 7. (1) Despite subsection 6(1), a portion of a reserve may be excluded from the application of a land code if

  • (2) Subsection 7(3) of the Act is repealed.

 The Act is amended by adding the following after section 7:

Marginal note:Exclusion — boundaries of reserve uncertain
  • 7.1 (1) Despite subsection 6(1), land may be excluded from the application of a land code if it is uncertain whether the land is located within the boundaries of the reserve.

  • Marginal note:Land subject to lease, other interest or right

    (2) If the exclusion of the land would have the effect of placing the administration of a lease, other interest or a right in that land in more than one land management regime, then all the land that is subject to that lease, other interest or right shall be excluded from the application of the land code.

  • Marginal note:Limitation — effects of exclusion

    (3) The exclusion of the land does not preclude the First Nation or Her Majesty from asserting in an action, a lawsuit or other proceeding that the land is part of the reserve.

Marginal note:Inclusion of previously excluded land

7.2 A First Nation shall amend the description of First Nation land in its land code to include a portion of a reserve excluded under subsection 7(1) or land excluded under subsection 7.1(1) if the First Nation and the Minister agree that the condition that justified the exclusion no longer exists, and the individual agreement shall be amended accordingly.

 Subsection 13(1) of the Act is replaced by the following:

Marginal note:Copy and declaration
  • 13. (1) If a First Nation votes to approve a land code and an individual agreement, its council shall, after the conclusion of the vote, send to the verifier

    • (a) without delay, a copy of the approved code and a declaration that the code and agreement were approved in accordance with section 12; and

    • (b) as soon as the circumstances permit, a copy of the individual agreement signed by the First Nation and the Minister.

 The portion of subsection 14(1) of the English version of the Act before paragraph (a) is replaced by the following:

Marginal note:Certification
  • 14. (1) The verifier shall, after receiving the documents referred to in subsection 13(1), certify the validity of the land code unless the verifier, after giving the First Nation and the Minister a reasonable opportunity to make submissions on the matter but within 10 days after the conclusion of the vote, is of the opinion that

 Subsection 15(1) of the Act is replaced by the following:

Marginal note:Coming into force
  • 15. (1) Subject to subsection (1.1), a land code comes into force and has the force of law on the day on which it is certified or on any other later date that may be specified in or under the land code, and judicial notice shall be taken of the land code in any proceedings from the date of the coming into force of that land code.

  • Marginal note:Limitation

    (1.1) A land code is not to come into force before the day on which the individual agreement is signed by the First Nation and the Minister.

 Section 21 of the Act is replaced by the following:

Marginal note:Environmental protection regime
  • 21. (1) After the coming into force of a land code, a First Nation shall, to the extent provided in the Framework Agreement, develop and implement through First Nation laws an environmental protection regime. The regime must be developed in accordance with the terms and conditions set out in the Framework Agreement.

  • Marginal note:Minimum standards

    (2) The standards of environmental protection established by First Nation laws and the punishments imposed for failure to meet those standards must be at least equivalent in their effect to any standards established and punishments imposed by the laws of the province in which the First Nation land is situated.

  • Marginal note:Environmental assessment regime

    (3) First Nation laws respecting environmental assessment must, to the extent provided in the Framework Agreement, establish, in accordance with that Agreement, an environmental assessment regime that is applicable to all projects carried out on First Nation land that are approved, regulated, funded or undertaken by the First Nation.

 

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