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Economic Action Plan 2013 Act, No. 1 (S.C. 2013, c. 33)

Assented to 2013-06-26

Division 15

R.S., c. P-1Parliamentary Secretaries and Ministers

Parliament of Canada Act

Marginal note:2005, c. 16, s. 2

225. Subsection 46(2) of the Parliament of Canada Act is replaced by the following:

  • Marginal note:Maximum number

    (2) The number of Parliamentary Secretaries that are appointed is not to exceed the number of ministers for whom salaries are provided in section 4.1 of the Salaries Act.

R.S., c. S-3Salaries Act

Marginal note:2005, c. 16, s. 13

  • 226. (1) Paragraph 4.1(3)(k) of the Salaries Act is replaced by the following:

    • (k) the Minister of Public Safety and Emergency Preparedness;

  • (2) Subsection 4.1(3) of the Act is amended by adding the following after paragraph (t.1):

    • (t.2) the Minister of the Federal Economic Development Initiative for Northern Ontario;

    • (t.3) the Minister of the Federal Economic Development Agency for Southern Ontario;

    • (t.4) the Minister of the Canadian Northern Economic Development Agency;

Division 161996, c. 16Department of Public Works and Government Services Act

  • 227. (1) The portion of section 16 of the English version of the Department of Public Works and Government Services Act before paragraph (a) is replaced by the following:

    Marginal note:Services to governments and other bodies

    16. If the Minister is authorized to do a thing under this or any other Act of Parliament for or on behalf of any department, board or agency of the Government of Canada, the Minister may do that thing for or on behalf of

  • (2) Section 16 of the Act is amended by replacing the portion after paragraph (a) with the following:

    • (b) with the Governor in Council’s approval — given on a general or a specific basis — any government, body or person in Canada or elsewhere.

Division 17R.S., c. F-11Financial Administration Act

Amendments to the Act

Marginal note:2009, c. 31, s. 59

  • 228. (1) Subsection 85(1) of the Financial Administration Act is replaced by the following:

    Marginal note:Exemption for Bank of Canada

    • 85. (1) Divisions I to IV, except for sections 89.8 to 89.92, 131.1 and 154.01, do not apply to the Bank of Canada.

  • Marginal note:2006, c. 9, s. 262(2)

    (2) Subsection 85(1.01) of the Act is replaced by the following:

    • Marginal note:Exemption for Canada Pension Plan Investment Board

      (1.01) Divisions I to IV, except for sections 89.8 to 89.92 and 154.01, do not apply to the Canada Pension Plan Investment Board.

  • Marginal note:2009, c. 2, s. 369

    (3) Subsections 85(1.1) and (1.2) of the Act are replaced by the following:

    • Marginal note:Exempted Crown corporations

      (1.1) Divisions I to IV, except for sections 89.8 to 89.92, subsection 105(2) and sections 113.1, 119, 131 to 148 and 154.01, do not apply to the Canada Council for the Arts, the Canadian Broadcasting Corporation, the International Development Research Centre or the National Arts Centre Corporation.

    • Marginal note:Exemption for Telefilm Canada

      (1.2) Divisions I to IV, except for sections 89.8 to 89.92, subsection 105(2) and sections 113.1, 119, 131 to 148 and 154.01 and subject to subsection 21(2) of the Telefilm Canada Act, do not apply to Telefilm Canada.

229. The Act is amended by adding the following after section 89.7:

Orders — Terms and Conditions of Employment

Marginal note:Order — unionized employees

  • 89.8 (1) The Governor in Council may, by order, direct a Crown corporation to have its negotiating mandate approved by the Treasury Board for the purpose of the Crown corporation entering into a collective agreement with a bargaining agent for a bargaining unit.

  • Marginal note:Power of Treasury Board

    (2) If the Governor in Council directs a Crown corporation to have its negotiating mandate approved, the Treasury Board may impose any requirement on the Crown corporation with respect to that negotiating mandate.

  • Marginal note:Attendance and observation

    (3) If the Governor in Council directs a Crown corporation to have its negotiating mandate approved, the Treasury Board may require that an employee under the jurisdiction of the Secretary of the Treasury Board attend and observe the collective bargaining between the Crown corporation and the bargaining agent, in which case that employee is entitled to do so.

  • Marginal note:Collective agreement

    (4) A Crown corporation that is subject to an order made under subsection (1) may enter into a collective agreement referred to in the order only with the Treasury Board’s approval.

Marginal note:Order — non-unionized employees

  • 89.9 (1) The Governor in Council may, by order, direct a Crown corporation to obtain the Treasury Board’s approval before the Crown corporation fixes the terms and conditions of employment of its non-unionized employees who are not appointed by the Governor in Council.

  • Marginal note:Power of Treasury Board

    (2) If the Governor in Council directs a Crown corporation to obtain the Treasury Board’s approval, the Treasury Board may impose any requirement on the Crown corporation with respect to the terms and conditions of employment of those employees.

Marginal note:Directors’ duty to comply

  • 89.91 (1) The directors of a Crown corporation that is subject to an order made under subsection 89.8(1) or 89.9(1) shall ensure that subsection 89.8(4), the order and any requirement imposed under subsection 89.8(2) or 89.9(2) are complied with and, if in so doing they act in accordance with section 115, they are not accountable for any consequences arising from that compliance.

  • Marginal note:Best interests

    (2) Compliance by a Crown corporation with subsection 89.8(4), the order or the requirement is deemed to be in the best interests of the corporation.

Marginal note:Treasury Board not employer

89.92 For greater certainty, including for the purposes of the Canada Labour Code, the Treasury Board is neither the employer of the employees of the Crown corporation that is subject to an order made under subsection 89.8(1) or 89.9(1) nor an employer representative of the Crown corporation or a person acting on the Crown corporation’s behalf.

Consequential Amendments

1991, c. 8Canadian Race Relations Foundation Act

Marginal note:2009, c. 2, s. 380

230. Subsection 17(3) of the Canadian Race Relations Foundation Act is replaced by the following:

1999, c. 34Public Sector Pension Investment Board Act

Marginal note:2009, c. 2, s. 381

231. Subsection 3(6) of the Public Sector Pension Investment Board Act is replaced by the following:

  • Marginal note:Financial Administration Act

    (6) Part X of the Financial Administration Act, except for sections 89.8 to 89.92, 113.1, 132 to 147 and 154.01, does not apply to the Board. For the purposes of those sections, any reference to section 131 of that Act shall be read as a reference to section 35 of this Act.

Coming into Force

Marginal note:Order in council

232. Subsection 228(2) comes into force, in accordance with subsection 114(4) of the Canada Pension Plan, on a day to be fixed by order of the Governor in Council.

Division 18Keeping Canada’s Economy and Jobs Growing Act

Marginal note:2011, c. 24

233. Section 161 of the Keeping Canada’s Economy and Jobs Growing Act is replaced by the following:

Marginal note:Maximum payment

  • 161. (1) There may be paid out of the Consolidated Revenue Fund for each fiscal year beginning on or after April 1, 2014, on the requisition of the Minister set out in Schedule I.1 to the Financial Administration Act with respect to the Office of Infrastructure of Canada or of the Minister of Indian Affairs and Northern Development, in accordance with terms and conditions approved by the Treasury Board, a sum of not more than the amount determined in accordance with subsection (2) to provinces, territories, municipalities, municipal associations, provincial, territorial and municipal entities and First Nations for the purpose of municipal, regional and First Nations infrastructure.

  • Marginal note:Calculation of sum

    (2) For the fiscal year beginning on April 1, 2014, the sum that may be paid under subsection (1) is $2,000,000,000. For each subsequent fiscal year, the sum may be $100,000,000 more than the sum that may be paid for the previous fiscal year, if the amount determined in accordance with the formula set out in subsection (3) exceeds by $100,000,000 or more the sum that may be paid for the previous fiscal year.

  • Marginal note:Formula

    (3) For the purposes of subsection (2), the formula is as follows:

    A x 1.02B

    where

    A
    is $2,000,000,000; and
    B
    is the number obtained by subtracting 2013 from the number of the year in which the fiscal year in question begins.

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