Economic Action Plan 2014 Act, No. 1 (S.C. 2014, c. 20)

Assented to 2014-06-19

Coming into Force

Marginal note:Order in council

 Sections 300 and 301 come into force on a day or days to be fixed by order of the Governor in Council, which may not be earlier than the day on which section 290 of the Economic Action Plan 2013 Act, No. 2 comes into force.

Division 21Public Service Labour Relations

2003, c. 22, s. 2Public Service Labour Relations Act

 Paragraph 226(1)(h) of the Public Service Labour Relations Act is replaced by the following:

  • (h) if the adjudicator has determined that the employer has engaged in a discriminatory practice set out in section 7, 8, 10 or 14 of the Canadian Human Rights Act,

    • (i) order that the employer cease the discriminatory practice and take measures to redress the practice or to prevent the same or a similar practice from occurring in the future, or

    • (ii) give relief in accordance with any of paragraphs 53(2)(b) to (e) or subsection 53(3) of that Act;

2013, c. 40Economic Action Plan 2013 Act, No. 2

  •  (1) The portion of subsection 338(4) of the Economic Action Plan 2013 Act, No. 2 before paragraph (a) is replaced by the following:

    • Marginal note:Arbitration board established

      (4) Subject to subsections (6) and (7), the provisions of the Act, as they read immediately before the commencement day, continue to apply in respect of a bargaining unit that is referred to in paragraph (3)(a) until an arbitral award is made in respect of the bargaining unit if, before the commencement day,

  • (2) The portion of subsection 338(5) of the Act before paragraph (a) is replaced by the following:

    • Marginal note:Public interest commission established

      (5) Subject to subsections (6) and (7), the provisions of the Act, as they read immediately before the commencement day, continue to apply in respect of a bargaining unit that is referred to in paragraph (3)(a) until a collective agreement is entered into by parties if, before the commencement day,

  • (3) Subsection 338(6) of the Act is replaced by the following:

    • Marginal note:No essential services agreement

      (6) Despite subsections (4) and (5), if, before the commencement day, arbitration or conciliation has been chosen by the bargaining agent representing a bargaining unit that is referred to in paragraph (3)(a) or (b) as the process for the resolution of disputes to which it may be a party and if, before that day, no essential services agreement has been entered into by the employer and the bargaining agent in relation to that bargaining unit, then,

      • (a) if no notification referred to in paragraph (4)(b) or (5)(b) had been given before December 12, 2013, the process for the resolution of disputes is conciliation; and

      • (b) sections 120 and 121 of the Act, as enacted by section 305, apply except that, despite subsection 121(3) of the Act, as enacted by section 305, the notice that is referred to in subsection 121(1) of the Act, as enacted by section 305, must be given not later than 12 months after the commencement day.

  • (4) The portion of subsection 338(7) of the Act before paragraph (a) is replaced by the following:

    • Marginal note:Essential services agreement entered into

      (7) Despite subsections (4) and (5), if, before the commencement day, arbitration or conciliation has been chosen by the bargaining agent representing a bargaining unit that is referred to in paragraph (3)(a) or (b) as the process for the resolution of disputes to which it may be a party and if, before that day, an essential services agreement has been entered into by the employer and the bargaining agent in relation to that bargaining unit, then, the process for the resolution of disputes is

  • (5) Section 338 of the Act is amended by adding the following after subsection (7):

    • Marginal note:Non-application

      (7.1) Subsection (7) does not apply if the notification referred to in paragraph (4)(b) or (5)(b) had been given before December 12, 2013.

  • (6) Subsection 338(9) of the Act is replaced by the following:

    • Marginal note:Positions  — essential services agreement

      (9) Despite subsections (4) and (5), if a bargaining unit is bound by an essential services agreement immediately before the commencement day,

      • (a) sections 120 and 121 of the Act, as enacted by section 305, apply except that, despite subsection 121(3) of the Act, as enacted by section 305, the notice that is referred to in subsection 121(1) of the Act, as enacted by section 305, must be given not later than 12 months after the commencement day; and

      • (b) every position that is identified in the agreement as being necessary for the employer to provide essential services is deemed to be a position designated by the employer under section 120 of the Act, as enacted by section 305.

      For greater certainty, subsection 124(1) of the Act, as enacted by section 305, does not apply in respect of any position referred to in paragraph (b).

    • Marginal note:For greater certainty

      (10) For greater certainty,

      • (a) every essential services agreement between the employer and a bargaining agent that is in force immediately before the commencement day is deemed to have ceased to have effect on the commencement day; and

      • (b) every essential services agreement that is entered into by the employer and a bargaining agent after the commencement day ceases to apply on the day on which a collective agreement is entered into by the employer and the bargaining agent.

Coming into Force

Marginal note:Section 308
  •  (1) Section 308 comes into force on the day on which subsection 326(1) of the Economic Action Plan 2013 Act, No. 2 comes into force.

  • Marginal note:Section 309

    (2) Section 309 is deemed to have come into force on December 12, 2013.

Division 222006, c. 13Softwood Lumber Products Export Charge Act, 2006

  •  (1) Section 99 of the Softwood Lumber Products Export Charge Act, 2006 is amended by adding the following after subsection (1):

    • Marginal note:Calculations

      (1.1) The portion of the revenue to be distributed to a province shall be calculated in respect of each fiscal quarter in a fiscal year.

    • Definition of “fiscal year”

      (1.2) In subsection (1.1), “fiscal year” means the period beginning on April 1 in one year and ending on March 31 in the next year.

    • Marginal note:Revenue

      (1.3) The amount of revenue to be attributed to a province for a fiscal quarter is the revenue derived from the charge imposed under section 10 or 15 on softwood lumber products originating from that province.

    • Marginal note:Costs

      (1.4) The amount of the costs referred to in paragraphs (1)(a) and (b) to be attributed to a province for a fiscal quarter is determined by the formula

      A × (B/C) + D

      where

      A 
      is the costs that the Minister becomes aware of during the fiscal quarter;
      B 
      is the volume in board feet of softwood lumber products exported from the province to the United States during the fiscal quarter under export permits;
      C 
      is the volume in board feet of softwood lumber products exported from all of the provinces to the United States during the fiscal quarter under export permits; and
      D 
      is the total amount of the costs attributed to the province for previous fiscal quarters, including any fiscal quarter that is before the day on which this subsection comes into force, that have not already been deducted from revenue transfers to that province and that have not been previously collected under section 40.1 of the Federal-Provincial Fiscal Arrangements Act or through voluntary payments by that province to Her Majesty in right of Canada.
    • Marginal note:Exception

      (1.5) In the case of the costs referred to in paragraph (1)(b), the formula applies unless the Minister determines under subsection (1) that the costs are to be attributed otherwise.

    • Marginal note:Amount equal to or less than zero

      (1.6) If, after deducting any refunds and the costs referred to in paragraphs (1)(a) and (b), the resulting amount with respect to a province is equal to or less than zero, the Minister is not required to distribute any portion of the revenue to that province.

    • Marginal note:Reconciliation

      (1.7) Except for the final reconciliation, a reconciliation of the amounts used in calculations is to be made annually.

  • (2) Section 99 of the Act is amended by adding the following after subsection (2):

    • Marginal note:Regulations

      (3) The Governor in Council may, on the recommendation of the Minister for International Trade, make regulations generally to carry out the purposes of this section.

 Subsection 100(2) of the Act is repealed.

Division 232009, c. 2Budget Implementation Act, 2009

 Subsection 295(1) of the Budget Implementation Act, 2009 is replaced by the following:

Marginal note:Maximum payment
  • 295. (1) The Minister of Finance may make direct payments, in an aggregate amount not exceeding $150,000,000 or any other amount that may be specified in an appropriation Act, to provinces and territories for matters relating to the establishment of a Canadian securities regulation regime and a Canadian regulatory authority.

Division 24Securitization of Insured Mortgage or Hypothecary Loans

2011, c. 15, s. 20Protection of Residential Mortgage or Hypothecary Insurance Act

 Section 19 of the Protection of Residential Mortgage or Hypothecary Insurance Act is replaced by the following:

Marginal note:Pre-existing contracts

19. If a winding-up order is made in respect of a company, a contract of insurance that the company entered into before the coming into force of this Act is deemed, in respect of a mortgage or hypothecary loan that is the subject of the contract of insurance, to be a policy issued to a qualified mortgage lender in respect of an eligible mortgage loan for the purposes of sections 16, 17 and 20 to 25, if

  • (a) Her Majesty would have been bound to make a payment in respect of the contract of insurance had section 44 not come into force; and

  • (b) the mortgage or hypothecary loan meets the criteria established by regulations made under subsection 42(1) that relate to a guarantee of payment referred to in subsection 14(1) of the National Housing Act.

 
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