Government of Canada / Gouvernement du Canada
Symbol of the Government of Canada

Search

Budget Implementation Act, 2017, No. 1 (S.C. 2017, c. 20)

Assented to 2017-06-22

Budget Implementation Act, 2017, No. 1

S.C. 2017, c. 20

Assented to 2017-06-22

An Act to implement certain provisions of the budget tabled in Parliament on March 22, 2017 and other measures

RECOMMENDATION

His Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled “An Act to implement certain provisions of the budget tabled in Parliament on March 22, 2017 and other measures”.

SUMMARY

Part 1 implements certain income tax measures proposed in the March 22, 2017 budget by

  • (a) eliminating the investment tax credit for child care spaces;

  • (b) eliminating the deduction for eligible home relocation loans;

  • (c) ensuring that amounts received on account of the caregiver recognition benefit under the Veterans Well-being Act are exempt from income tax;

  • (d) eliminating tax exemptions of allowances for members of legislative assemblies and certain municipal officers;

  • (e) eliminating the tax exemption for insurers of farming and fishing property;

  • (f) eliminating the additional deduction for gifts of medicine;

  • (g) replacing the existing caregiver credit, infirm dependant credit and family caregiver tax credit with the new Canada caregiver credit;

  • (h) eliminating the public transit tax credit;

  • (i) ensuring certain costs related to the use of reproductive technologies qualify for the medical expense tax credit;

  • (j) extending the list of medical practitioners that can certify eligibility for the disability tax credit to include nurse practitioners;

  • (k) extending eligibility for the tuition tax credit to fees paid for occupational skills courses at post-secondary institutions and taking into account such courses in determining whether an individual is a qualifying student under the Income Tax Act;

  • (l) extending, for one year, the mineral exploration tax credit for flow-through share investors;

  • (m) eliminating the tobacco manufacturers’ surtax;

  • (n) permitting employers to distribute T4 information slips electronically provided certain conditions are met; and

  • (o) delaying the repeal of the provisions related to the National Child Benefit supplement in the Income Tax Act.

Part 2 implements certain goods and services tax/harmonized sales tax (GST/HST) measures proposed in the March 22, 2017 budget by

  • (a) adding naloxone and its salts to the list of GST/HST zero-rated non-prescription drugs that are used to treat life-threatening conditions;

  • (b) amending the definition of taxi business to require, in certain circumstances, providers of ride-sharing services to register for the GST/HST and charge GST/HST in the same manner as taxi operators; and

  • (c) repealing the GST/HST rebate available to non-residents for the GST/HST that is payable in respect of the accommodation portion of eligible tour packages.

Part 3 implements certain excise measures proposed in the March 22, 2017 budget by

  • (a) adjusting excise duty rates on tobacco products to account for the elimination of the tobacco manufacturers’ surtax; and

  • (b) increasing the excise duty rates on alcohol products by 2% and automatically adjusting those rates annually by the Consumer Price Index starting in April 2018.

Part 4 enacts and amends several Acts in order to implement various measures.

Division 1 of Part 4 amends the Special Import Measures Act to provide for binding and appealable rulings as to whether a particular good falls within the scope of a trade remedy measure, authorities to investigate and address the circumvention of trade remedy measures, consideration of whether a particular market situation is rendering selling prices in an exporting country unreliable for the purposes of determining normal values and the termination of a trade remedy investigation in respect of an exporter found to have an insignificant margin of dumping or amount of subsidy.

Division 2 of Part 4 enacts the Borrowing Authority Act, which allows the Minister of Finance to borrow money on behalf of Her Majesty in right of Canada with the authorization of the Governor in Council and provides for the maximum amount of certain borrowings. The Division amends the Financial Administration Act and the Hibernia Development Project Act to provide that the applicable rate of currency exchange quoted by the Bank of Canada is its daily average rate. It also amends the Financial Administration Act to allow that Minister to choose a rate of currency exchange other than one quoted by the Bank of Canada. Finally, it makes a consequential amendment to the Budget Implementation Act, 2016, No. 1.

Division 3 of Part 4 amends the Canada Deposit Insurance Corporation Act and the Bank Act to

  • (a) specify that one of the objects of the Canada Deposit Insurance Corporation is to act as the resolution authority for its member institutions;

  • (b) require Canada’s domestic systemically important banks to develop, submit and maintain resolution plans to that Corporation; and

  • (c) provide the Superintendent of Financial Institutions greater flexibility in setting the requirement for domestic systemically important banks to maintain a minimum capacity to absorb losses.

Division 4 of Part 4 amends the Shared Services Canada Act in order to permit the Minister responsible for Shared Services Canada to do the following, subject to any terms and conditions that that Minister specifies:

  • (a) delegate certain powers given to that Minister under that Act to an appropriate Minister, as defined in section 2 of the Financial Administration Act; and

  • (b) authorize in exceptional circumstances a department to obtain a particular service other than from that Minister through Shared Services Canada, including by meeting its requirement for that service internally.

Division 5 of Part 4 authorizes a payment to be made out of the Consolidated Revenue Fund to the Canadian Institute for Advanced Research to support a pan-Canadian artificial intelligence strategy.

Division 6 of Part 4 amends the Canada Student Financial Assistance Act to expand eligibility for student financial assistance under that Act to include persons registered as Indians under the Indian Act, whether or not they are Canadian citizens, permanent residents or protected persons. It also amends the Canada Education Savings Act to permit the primary caregiver’s cohabiting spouse or common-law partner to designate a trust to which is to be paid a Canada Learning Bond or an additional amount of a Canada Education Savings grant and to apply to the Minister for the waiver of certain requirements of that Act or the regulations to avoid undue hardship. It also amends that Act to provide rules for the payment of an additional amount of a Canada Education Savings grant in situations where more than one trust has been designated.

Division 7 of Part 4 amends the Parliament of Canada Act to provide for the Parliamentary Budget Officer to report directly to Parliament and to be supported by an office that is separate from the Library of Parliament and to provide for the appointment and tenure of the Parliamentary Budget Officer to be that of an officer of Parliament. It expands the Parliamentary Budget Officer’s right of access to government information, clarifies the Parliamentary Budget Officer’s mandate with respect to the provision of research, analysis and costings and establishes a new mandate with respect to the costing of platform proposals during election periods. It also makes consequential amendments to certain Acts.

This Division also amends the Parliament of Canada Act to provide that the meetings of the Board of Internal Economy of the House of Commons are open, with certain exceptions, to the public.

Division 8 of Part 4 amends the Investment Canada Act to provide for an immediate increase to $1 billion of the review threshold amount for certain investments by WTO investors that are not state-owned enterprises. In addition, it requires that the report of the Director of Investments on the administration of that Act also include Part IV.1.

Division 9 of Part 4 provides funding to provinces for home care services and mental health services for the fiscal year 2017–2018.

Division 10 of Part 4 amends the Judges Act to implement the Response of the Government of Canada to the Report of the 2015 Judicial Compensation and Benefits Commission. It provides for the continued statutory indexation of judicial salaries, an increase to the salaries of Federal Court prothonotaries to 80% of that of a Federal Court judge, an annual allowance for prothonotaries and reimbursement of legal costs incurred during their participation in the compensation review process. It also makes changes to the compensation of certain current and former chief justices to appropriately compensate them for their service and it makes technical amendments to ensure the correct division of annuities and enforcement of financial support orders, where necessary. Finally, it increases the number of judges of the Court of Queen’s Bench of Alberta and the Yukon Supreme Court and increases the number of judicial salaries that may be paid under paragraph 24(3)(a) of that Act from thirteen to sixteen and under paragraph 24(3)(b) from fifty to sixty-two.

Division 11 of Part 4 amends the Employment Insurance Act to, among other things, allow for the payment of parental benefits over a longer period at a lower benefit rate, allow maternity benefits to be paid as early as the 12th week before the expected week of birth, create a benefit for family members to care for a critically ill adult and allow for benefits to care for a critically ill child to be payable to family members.

This Division also amends the Canada Labour Code to, among other things, increase the maximum length of parental leave to 63 weeks, extend the period prior to the estimated date of birth when the maternity leave may begin to 13 weeks, create a leave for a family member to care for a critically ill adult and allow for the leave related to the critical illness of a child to be taken by a family member.

Division 12 of Part 4 amends the Canadian Forces Members and Veterans Re-establishment and Compensation Act to, among other things,

  • (a) specify to whom career transition services may be provided under Part 1 of the Act and authorize the Governor in Council to make regulations respecting those services;

  • (b) create a new education and training benefit that will provide a veteran with up to $80,000 for a course of study at an educational institution or for other education or training that is approved by the Minister of Veterans Affairs;

  • (c) end the family caregiver relief benefit and replace it with a caregiver recognition benefit that is payable to a person designated by a veteran;

  • (d) authorize the Minister of Veterans Affairs to waive the requirement for an application for compensation, services or assistance under the Act in certain cases;

  • (e) set out to whom any amount payable under the Act is to be paid if the person who is entitled to that amount dies before receiving it; and

  • (f) change the name of the Act.

The Division also amends the Pension Act and the Department of Veterans Affairs Act to remove references to hospitals under the jurisdiction of the Department of Veterans Affairs as there are no longer any such hospitals.

Finally, it makes consequential amendments to other Acts.

Division 13 of Part 4 amends the Immigration and Refugee Protection Act to

  • (a) provide that a foreign national who is a member of a certain portion of the class of foreign nationals who are nominated by a province or territory for the purposes of that Act may be issued an invitation to make an application for permanent residence only in respect of that class;

  • (b) provide that a foreign national who declines an invitation to make an application in relation to an expression of interest remains eligible to be invited to make an application in relation to the same expression of interest;

  • (c) authorize the Minister to give a single ministerial instruction that sets out the rank, in respect of different classes, that an eligible foreign national must occupy to be invited to make an application;

  • (d) provide that a ministerial instruction respecting the criteria that a foreign national must meet to be eligible to be invited to make an application applies in respect of an expression of interest that is submitted before the day on which the instruction takes effect;

  • (e) authorize the Minister, for the purpose of facilitating the selection of a foreign national as a member of a class or a temporary resident, to disclose personal information in relation to the foreign national that is provided to the Minister by a third party or created by the Minister;

  • (f) set out the circumstances in which an officer under that Act may issue documents in respect of an application to foreign nationals who do not meet certain criteria or do not have the qualifications they had when they were issued an invitation to make an application; and

  • (g) provide that the Service Fees Act does not apply to fees for the acquisition of permanent residence status or to certain fees for services provided under the Immigration and Refugee Protection Act.

Division 14 of Part 4 amends the Employment Insurance Act to broaden the definition of insured participant, in Part II of that Act, as well as the support measures that may be established by the Canada Employment Insurance Commission. It also repeals certain provisions of that Act.

Division 15 of Part 4 amends the Aeronautics Act, the Navigation Protection Act, the Railway Safety Act and the Canada Shipping Act, 2001 to provide the Minister of Transport with the authority to enter into agreements respecting any matter for which a charge or fee could be prescribed under those Acts and to make related amendments.

Division 16 of Part 4 amends the Food and Drugs Act to give the Minister of Health the authority to fix user fees for services, use of facilities, regulatory processes and approvals, products, rights and privileges that are related to drugs, medical devices, food and cosmetics. It also gives that Minister the authority to remit those fees, to adjust them and to withhold or withdraw services for the non-payment of them. Finally, it exempts those fees from the Service Fees Act.

Division 17 of Part 4 amends the Canada Labour Code to, among other things,

  • (a) transfer to the Canada Industrial Relations Board the powers, duties and functions of appeals officers under Part II of that Act and of referees and adjudicators under Part III of that Act;

  • (b) provide a complaint mechanism under Part III of that Act for employer reprisals;

  • (c) permit the Minister of Labour to order an employer to determine, following an internal audit, whether it is in compliance with a provision of Part III of that Act and to provide the Minister with a corresponding report;

  • (d) permit inspectors to order an employer to cease the contravention of a provision of Part III of that Act;

  • (e) extend the period with respect to which a payment order to recover unpaid wages or other amounts may be issued;

  • (f) impose administrative fees on employers to whom payment orders are issued; and

  • (g) establish an administrative monetary penalty scheme to supplement existing enforcement measures under Parts II and III of that Act.

This Division also amends the Wage Earner Protection Program Act to transfer to the Canada Industrial Relations Board the powers, duties and functions of adjudicators under that Act and makes consequential amendments to other Acts.

Division 18 of Part 4 enacts the Canada Infrastructure Bank Act, which establishes the Canada Infrastructure Bank as a Crown corporation. The Bank’s purpose is to invest in, and seek to attract private sector and institutional investment to, revenue-generating infrastructure projects. The Act also provides for, among other things, the powers and functions of the Bank, its governance framework and its financial management and control, allows for the appointment of a designated Minister, and provides that the Minister of Finance may pay to the Bank up to $35 billion and approve loan guarantees. Finally, this Division makes consequential amendments to the Access to Information Act, the Financial Administration Act and the Payments in Lieu of Taxes Act.

Division 19 of Part 4 amends the Proceeds of Crime (Money Laundering) and Terrorist Financing Act to, among other things, expand the list of disclosure recipients to include the Department of National Defence and the Canadian Armed Forces and to include beneficial ownership information as “designated information” that can be disclosed by the Financial Transactions and Reports Analysis Centre of Canada. It also makes several technical amendments to ensure that the legislation functions as intended and to clarify certain provisions, including the definition of client and the application of that Act to trust companies.

Division 20 of Part 4 enacts the Invest in Canada Act. It also makes consequential and related amendments to other Acts.

Division 21 of Part 4 enacts the Service Fees Act. The Act requires responsible authorities, before certain fees are fixed, to develop fee proposals for consultation and to table them in Parliament. It also requires that performance standards be established in relation to certain fees and that responsible authorities remit those fees when the standards are not met. It adjusts certain fees on an annual basis in accordance with the Consumer Price Index. Furthermore, it requires responsible authorities and the President of the Treasury Board to report on fees. This Division also makes a related amendment to the Economic Action Plan 2014 Act, No. 1 and terminological amendments to other Acts and repeals the User Fees Act.

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

Short Title

Marginal note:Short Title

 This Act may be cited as the Budget Implementation Act, 2017, No. 1.

PART 1Amendments to the Income Tax Act and to Related Legislation

R.S., c. 1 (5th Supp.)Income Tax Act

  •  (1) Paragraph 6(1)(f.1) of the Income Tax Act is replaced by the following:

    • Marginal note:Canadian Forces members and veterans income replacement benefits

      (f.1) the total of all amounts received by the taxpayer in the year on account of an earnings loss benefit, a supplementary retirement benefit or a career impact allowance payable to the taxpayer under Part 2 of the Veterans Well-being Act;

  • (2) Subsection (1) comes into force on April 1, 2018.

  •  (1) Subsection 18(9) of the Act is amended by adding “and” at the end of paragraph (d), by striking out “and” at the end of paragraph (e) and by repealing paragraph (f).

  • (2) Subsection (1) applies in respect of expenditures incurred after March 21, 2017, except that subsection (1) does not apply in respect of expenditures incurred before 2020 under a written agreement entered into before March 22, 2017.

  •  (1) Paragraph 20(1)(nn.1) of the Act is repealed.

  • (2) Subsection (1) applies in respect of expenditures incurred after March 21, 2017, except that subsection (1) does not apply in respect of expenditures incurred before 2020 under a written agreement entered into before March 22, 2017.

  •  (1) Subsection 80.4(4) of the Act is replaced by the following:

    • Marginal note:Interest on loans for home purchase or relocation

      (4) For the purpose of computing the benefit under subsection (1) in a taxation year in respect of a home purchase loan or a home relocation loan, the amount of interest determined under paragraph (1)(a) shall not exceed the amount of interest that would have been determined thereunder if it had been computed at the prescribed rate in effect at the time the loan was received or the debt was incurred, as the case may be.

  • (2) Subsection (1) comes into force on January 1, 2018.

  •  (1) Paragraph 81(1)(d.1) of the Act is replaced by the following:

    • Marginal note:Canadian Forces members and veterans amounts

      (d.1) the total of all amounts received by the taxpayer in the year on account of a Canadian Forces income support benefit payable to the taxpayer under Part 2 of the Veterans Well-being Act, on account of a critical injury benefit, disability award, death benefit, clothing allowance or detention benefit payable to the taxpayer under Part 3 of that Act or on account of a family caregiver relief benefit or a caregiver recognition benefit payable to the taxpayer under Part 3.1 of that Act;

  • (2) Paragraph 81(1)(d.1) of the Act, as enacted by subsection (1), is replaced by the following:

    • Marginal note:Canadian Forces members and veterans amounts

      (d.1) the total of all amounts received by the taxpayer in the year on account of a Canadian Forces income support benefit payable to the taxpayer under Part 2 of the Veterans Well-being Act, on account of a critical injury benefit, disability award, death benefit, clothing allowance or detention benefit payable to the taxpayer under Part 3 of that Act or on account of a caregiver recognition benefit payable to the taxpayer under Part 3.1 of that Act;

  • (3) Subsections 81(2) and (3) of the Act are repealed.

  • (4) Subsection (1) comes into force on April 1, 2018.

  • (5) Subsection (2) applies in respect of the 2020 and subsequent taxation years.

  • (6) Subsection (3) comes into force on January 1, 2019.

  •  (1) Paragraph (b) of the definition taxable Canadian corporation in subsection 89(1) of the Act is replaced by the following:

    • (b) was not, by reason of a statutory provision, exempt from tax under this Part; (société canadienne imposable)

  • (2) Subsection (1) applies to taxation years that begin after 2018.

  •  (1) Paragraph 110(1)(j) of the Act is repealed.

  • (2) Subsection 110(1.4) of the Act is repealed.

  • (3) Subsections (1) and (2) come into force on January 1, 2018.

  •  (1) Paragraph 110.1(1)(a.1) of the Act is repealed.

  • (2) Subsections 110.1(8) and (9) of the Act are repealed.

  • (3) Subsections (1) and (2) apply in respect of gifts made after March 21, 2017.

  •  (1) Paragraph (b) of the description of E in the definition non-capital loss in subsection 111(8) of the Act is replaced by the following:

    • (b) an amount deducted under paragraph (1)(b) or section 110.6, or deductible under any of paragraphs 110(1)(d) to (d.3), (f), (g) and (k), section 112 and subsections 113(1) and 138(6), in computing the taxpayer’s taxable income for the year, or

  • (2) Subsection (1) comes into force on January 1, 2018.

  •  (1) Subsection 117.1(1.1) of the Act is repealed.

  • (2) Subsection (1) applies to the 2017 and subsequent taxation years.

  •  (1) Clause (A) of the description of C in subparagraph (a)(ii) of the description of B in subsection 118(1) of the Act is replaced by the following:

    • (A) $2,150 if the spouse or common-law partner is dependent on the individual by reason of mental or physical infirmity, and

  • (2) The portion of clause (A) before subclause (I) of the description of D in subparagraph (b)(iv) of the description of B in subsection 118(1) of the Act is replaced by the following:

  • (3) The portion of paragraph (b.1) before subparagraph (i) of the description of B in subsection 118(1) of the Act is replaced by the following:

    • Marginal note:Caregiver amount for infirm child

      (b.1) $2,150 for each child, who is under the age of 18 years at the end of the taxation year, of the individual and who, by reason of mental or physical infirmity, is likely to be, for a long and continuous period of indefinite duration, dependent on others for significantly more assistance in attending to the child’s personal needs and care, when compared to children of the same age if

  • (4) Paragraphs (c.1) to (e) of the description of B in subsection 118(1) of the Act are replaced by the following:

    • Marginal note:Canada caregiver credit

      (d) for each person who, at any time in the year,

      • (i) is dependent on the individual because of mental or physical infirmity, and

      • (ii) either

        • (A) is a spouse or common-law partner of the individual, or

        • (B) has attained the age of 18 years and is a dependant of the individual,

      the amount determined by the formula

      $6,883 − E

      where

      E
      is the amount, if any, by which the dependant’s income for the year exceeds $16,163, and
    • Marginal note:Additional amount

      (e) in the case of an individual entitled to a deduction in respect of a person because of paragraph (a) or (b) and who would also be entitled, but for paragraph (4)(c), to a deduction because of paragraph (d) in respect of the person, the amount by which the amount that would be determined under paragraph (d) exceeds the amount determined under paragraph (a) or (b), as the case may be, in respect of the person.

  • (5) Paragraphs 118(4)(c) to (e) of the Act are replaced by the following:

    • (c) if an individual is entitled to a deduction under subsection (1) because of paragraph (a) or (b) of the description of B in subsection (1) for a taxation year in respect of any person, no amount may be deducted because of paragraph (d) of that description by any individual for the year in respect of the person; and

    • (d) if more than one individual is entitled to a deduction under subsection (1) because of paragraph (d) of the description of B in subsection (1) for a taxation year in respect of the same person,

      • (i) the total of all amounts so deductible for the year shall not exceed the maximum amount that would be so deductible for the year by any one of those individuals for that person if that individual were the only individual entitled to deduct an amount for the year because of that paragraph for that person, and

      • (ii) if the individuals cannot agree as to what portion of the amount each can so deduct, the Minister may fix the portions.

  • (6) The portion of subsection 118(6) of the Act before paragraph (a) is replaced by the following:

    • Marginal note:Definition of dependant

      (6) For the purposes of paragraph (d) of the description of B in subsection (1), dependant, of an individual for a taxation year, means a person who at any time in the year is dependent on the individual for support and is

  • (7) Subsections (1) to (6) apply to the 2017 and subsequent taxation years. However, for the 2017 taxation year, subsection 117.1(1) of the Act does not apply in respect of amounts expressed in dollars in

    • (a) clause (A) of the description of C in subparagraph (a)(ii) of the description of B in subsection 118(1) of the Act, as enacted by subsection (1);

    • (b) clause (A) of the description of D in subparagraph (b)(iv) of the description of B in subsection 118(1) of the Act, as amended by subsection (2);

    • (c) paragraph (b.1) of the description of B in subsection 118(1) of the Act, as amended by subsection (3); and

    • (d) paragraph (d) of the description of B in subsection 118(1) of the Act, as enacted by subsection (4).

  •  (1) The description of C in the description of B in subsection 118.02(2) of the Act is replaced by the following:

    C
    is the total of all amounts each of which is the portion of the cost of an eligible public transit pass or of an eligible electronic payment card, attributable to the use of public commuter transit services in the taxation year and before July 2017 by the individual or by a person who is in the taxation year a qualifying relation of the individual, and
  • (2) Section 118.02 of the Act, as amended by subsection (1), is repealed.

  • (3) Subsection (1) applies to the 2017 taxation year.

  • (4) Subsection (2) applies to the 2018 and subsequent taxation years.

  •  (1) Clause (c)(i)(B) of the definition eligible individual in subsection 118.041(1) of the Act is replaced by the following:

    • (B) paragraph (d) of the description of B in that subsection where the qualifying individual is a parent, grandparent, child, grandchild, brother, sister, aunt, uncle, nephew or niece of the individual, or of the individual’s spouse or common-law partner, or

  • (2) Subsection (1) applies to the 2017 and subsequent taxation years.

  •  (1) Section 118.2 of the Act is amended by adding the following after subsection (2.1):

    • Marginal note:Fertility expenses

      (2.2) An amount is deemed to be a medical expense of an individual for the purposes of this section if the amount

      • (a) is paid for the purpose of a patient (within the meaning of subsection (2)) conceiving a child; and

      • (b) would be a medical expense of the individual (within the meaning of subsection (2)) if the patient were incapable of conceiving a child because of a medical condition.

  • (2) Subsection (1) applies to the 2017 and subsequent taxation years. However, if an individual makes a request for a refund in respect of a taxation year to the Minister of National Revenue within the time limit specified in paragraph 164(1.5)(a) of the Act, subsection (1) also applies in respect of that taxation year.

  •  (1) The portion of paragraph 118.3(1)(a.2) of the Act before subparagraph (i) is replaced by the following:

    • (a.2) in the case of an impairment in physical or mental functions the effects of which are such that the individual’s ability to perform a single basic activity of daily living is markedly restricted or would be so restricted but for therapy referred to in paragraph (a.1), a medical practitioner has certified in prescribed form that the impairment is a severe and prolonged impairment in physical or mental functions the effects of which are such that the individual’s ability to perform a basic activity of daily living is markedly restricted or would be markedly restricted, but for therapy referred to in paragraph (a.1), where the medical practitioner is a medical doctor, a nurse practitioner or, in the case of

  • (2) Subparagraphs 118.3(1)(a.3)(i) and (ii) of the Act are replaced by the following:

    • (i) an impairment with respect to the individual’s ability in feeding or dressing themself, or in walking, a medical doctor, a nurse practitioner or an occupational therapist, and

    • (ii) in the case of any other impairment, a medical doctor or nurse practitioner,

  • (3) Clause 118.3(2)(a)(i)(B) of the Act is replaced by the following:

    • (B) paragraph (d) of that description where the person is a parent, grandparent, child, grandchild, brother, sister, aunt, uncle, nephew or niece of the individual, or of the individual’s spouse or common-law partner, or

  • (4) Subsections (1) and (2) apply in respect of certifications made after March 21, 2017.

  • (5) Subsection (3) applies to the 2017 and subsequent taxation years.

  •  (1) The portion of subsection 118.4(2) of the Act before paragraph (a) is replaced by the following:

    • Marginal note:Reference to medical practitioners, etc.

      (2) For the purposes of sections 63, 64, 118.2, 118.3 and 118.6, a reference to an audiologist, dentist, medical doctor, medical practitioner, nurse, nurse practitioner, occupational therapist, optometrist, pharmacist, physiotherapist, psychologist or speech-language pathologist is a reference to a person authorized to practise as such,

  • (2) Subsection (1) is deemed to have come into force on March 22, 2017.

  •  (1) Subparagraph 118.5(1)(a)(ii.1) of the Act is replaced by the following:

    • (ii.1) are paid to an educational institution described in subparagraph (i) in respect of courses that are not at the post-secondary school level, if

      • (A) the individual had not attained the age of 16 years before the end of the year, or

      • (B) the purpose of the individual’s enrolment at the institution cannot reasonably be regarded as being to provide the individual with skills, or to improve the individual’s skills, in an occupation,

  • (2) Subsection (1) applies to the 2017 and subsequent taxation years.

  •  (1) The portion of the definition qualifying educational program in subsection 118.6(1) of the Act before paragraph (a) is replaced by the following:

    qualifying educational program

    qualifying educational program means a program of not less than three consecutive weeks duration that provides that each student taking the program spend not less than 10 hours per week on courses or work in the program and, in respect of a program at an institution described in the definition designated educational institution (other than an institution described in subparagraph (a)(ii) of that definition), that is a program that does not consist primarily of research (unless the program leads to a diploma from a college or a Collège d’enseignement général et professionnel, or a bachelor, masters, doctoral or equivalent degree) but, in relation to any particular student, does not include a program if the student receives, from a person with whom the student is dealing at arm’s length, any allowance, benefit, grant or reimbursement for expenses in respect of the program other than

  • (2) The portion of paragraph (c) of the definition qualifying student in subsection 118.6(1) of the Act before subparagraph (i) is replaced by the following:

    • (c) in the case of an individual who is enrolled in a program (other than a program at the post-secondary school level) at a designated educational institution described in subparagraph (a)(i) of the definition designated educational institution or who is enrolled in a program at a designated educational institution described in subparagraph (a)(ii) of that definition,

  • (3) The definition qualifying student in subsection 118.6(1) of the Act is amended by striking out “and” at the end of paragraph (b), by adding “and” at the end of paragraph (c) and by adding the following after paragraph (c):

    • (d) in the case of an individual who is enrolled at a designated educational institution described in paragraph (c) of the definition designated educational institution, is enrolled in a program that is at the post-secondary level; (étudiant admissible)

  • (4) Subsections (1) to (3) apply to the 2017 and subsequent taxation years.

  •  (1) Section 118.92 of the Act is replaced by the following:

    Marginal note:Ordering of credits

    118.92 In computing an individual’s tax payable under this Part, the following provisions shall be applied in the following order: subsections 118(1) and (2), section 118.7, subsections 118(3) and (10) and sections 118.01, 118.04, 118.041, 118.05, 118.06, 118.07, 118.3, 118.61, 118.5, 118.9, 118.8, 118.2, 118.1, 118.62 and 121.

  • (2) Subsection (1) applies to the 2018 and subsequent taxation years.

  •  (1) Subparagraph 122.3(1)(e)(iii) of the Act is replaced by the following:

    • (iii) the total of all amounts each of which is an amount deducted under section 110.6 or paragraph 111(1)(b), or deductible under paragraph 110(1)(d.2), (d.3), (f) or (g), in computing the individual’s taxable income for the year.

  • (2) Subsection (1) comes into force on January 1, 2018.

  •  (1) Subclause 126(1)(b)(ii)(A)(III) of the Act is replaced by the following:

    • (III) the total of all amounts each of which is an amount deducted under section 110.6 or paragraph 111(1)(b), or deductible under any of paragraphs 110(1)(d) to (d.3), (f) and (g) and sections 112 and 113, in computing the taxpayer’s taxable income for the year, and

  • (2) Subclause 126(2.1)(a)(ii)(A)(III) of the Act is replaced by the following:

    • (III) the total of all amounts each of which is an amount deducted under section 110.6 or paragraph 111(1)(b), or deductible under any of paragraphs 110(1)(d) to (d.3), (f) and (g) and sections 112 and 113, in computing the taxpayer’s taxable income for the year, and

  • (3) Subparagraph 126(3)(b)(iii) of the Act is replaced by the following:

    • (iii) the total of all amounts each of which is an amount deducted under section 110.6 or paragraph 111(1)(b), or deductible under any of paragraphs 110(1)(d) to (d.3), (f) and (g), in computing the taxpayer’s taxable income for the year,

  • (4) Subsections (1) to (3) come into force on January 1, 2018.

  •  (1) Subparagraph 127(5)(a)(i) of the Act is replaced by the following:

    • (i) the taxpayer’s investment tax credit at the end of the year in respect of property acquired before the end of the year, of the taxpayer’s apprenticeship expenditure for the year or a preceding taxation year, of the taxpayer’s flow-through mining expenditure for the year or a preceding taxation year, of the taxpayer’s pre-production mining expenditure for the year or a preceding taxation year or of the taxpayer’s SR&ED qualified expenditure pool at the end of the year or at the end of a preceding taxation year, and

  • (2) Clause 127(5)(a)(ii)(A) of the Act is replaced by the following:

    • (A) the taxpayer’s investment tax credit at the end of the year in respect of property acquired in a subsequent taxation year, of the taxpayer’s apprenticeship expenditure for a subsequent taxation year, of the taxpayer’s flow-through mining expenditure for a subsequent taxation year, of the taxpayer’s pre-production mining expenditure for a subsequent taxation year or of the taxpayer’s SR&ED qualified expenditure pool at the end of the subsequent taxation year to the extent that an investment tax credit was not deductible under this subsection for the subsequent taxation year, and

  • (3) Subsection 127(7) of the Act is replaced by the following:

    • Marginal note:Investment tax credit of certain trusts

      (7) If, in a particular taxation year of a taxpayer who is a beneficiary under a trust that is a graduated rate estate or that is deemed to be in existence by section 143, an amount is determined in respect of the trust under paragraph (a), (a.1), (a.4), (b) or (e.1) of the definition investment tax credit in subsection (9) for its taxation year that ends in that particular taxation year, the trust may, in its return of income for its taxation year that ends in that particular taxation year, designate the portion of that amount that can, having regard to all the circumstances including the terms and conditions of the trust, reasonably be considered to be attributable to the taxpayer and was not designated by the trust in respect of any other beneficiary of the trust, and that portion is to be added in computing the investment tax credit of the taxpayer at the end of that particular taxation year and is to be deducted in computing the investment tax credit of the trust at the end of its taxation year that ends in that particular taxation year.

  • (4) The portion of subsection 127(8) of the Act before paragraph (a) is replaced by the following:

    • Marginal note:Investment tax credit of partnership

      (8) Subject to subsection (28), where, in a particular taxation year of a taxpayer who is a member of a partnership, an amount would be determined in respect of the partnership, for its taxation year that ends in the particular taxation year, under paragraph (a), (a.1), (a.4), (b) or (e.1) of the definition investment tax credit in subsection (9), if

  • (5) Subparagraph 127(8.2)(b)(i) of the Act is amended by adding “or” at the end of clause (A.1) and by repealing clause (A.2).

  • (6) Paragraph 127(8.31)(a) of the Act is replaced by the following:

    • (a) the total of all amounts each of which is an amount that would, if the partnership were a person and its fiscal period were its taxation year, be determined in respect of the partnership under paragraph (a), (a.1), (a.4), (b) or (e.1) of the definition investment tax credit in subsection (9) for a taxation year that is the fiscal period,

  • (7) The definitions child care space amount, eligible child care space expenditure, specified child care start-up expenditure and specified property in subsection 127(9) of the Act are repealed.

  • (8) Paragraph (a) of the definition flow-through mining expenditure in subsection 127(9) of the Act is replaced by the following:

    • (a) that is a Canadian exploration expense incurred by a corporation after March 2017 and before 2019 (including, for greater certainty, an expense that is deemed by subsection 66(12.66) to be incurred before 2019) in conducting mining exploration activity from or above the surface of the earth for the purpose of determining the existence, location, extent or quality of a mineral resource described in paragraph (a) or (d) of the definition mineral resource in subsection 248(1),

  • (9) Paragraphs (c) and (d) of the definition flow-through mining expenditure in subsection 127(9) of the Act are replaced by the following:

    • (c) an amount in respect of which is renounced in accordance with subsection 66(12.6) by the corporation to the taxpayer (or a partnership of which the taxpayer is a member) under an agreement described in that subsection and made after March 2017 and before April 2018, and

    • (d) that is not an expense that was renounced under subsection 66(12.6) to the corporation (or a partnership of which the corporation is a member), unless that renunciation was under an agreement described in that subsection and made after March 2017 and before April 2018; (dépense minière déterminée)

  • (10) Paragraph (a.5) of the definition investment tax credit in subsection 127(9) of the Act is repealed.

  • (11) Paragraph (e.1) of the definition investment tax credit in subsection 127(9) of the Act is amended by adding “or” at the end of subparagraph (v), by replacing “or” at the end of subparagraph (vi) with “and” and by repealing subparagraph (vii).

  • (12) Paragraph (f.1) of the definition specified percentage in subsection 127(9) of the Act is amended by adding “or” at the end of subparagraph (i), by striking out “or” at the end of subparagraph (ii) and by repealing subparagraph (iii).

  • (13) Subsection 127(11.1) of the Act is amended by adding “and” at the end of paragraph (c.4) and by repealing paragraph (c.5).

  • (14) Subsection 127(11.2) of the Act is replaced by the following:

    • Marginal note:Time of acquisition

      (11.2) In applying subsections (5), (7) and (8), paragraphs (a) and (a.1) of the definition investment tax credit in subsection (9) and section 127.1, qualified property and qualified resource property are deemed not to have been acquired by a taxpayer before the property is considered to have become available for use by the taxpayer, determined without reference to paragraphs 13(27)(c) and (28)(d).

  • (15) Subsections 127(27.1) to (27.12) of the Act are repealed.

  • (16) Subsection 127(28.1) of the Act is repealed.

  • (17) Subparagraph 127(30)(a) of the Act is amended by adding “and” at the end of subparagraph (i), by striking out “and” at the end of subparagraph (ii) and by repealing subparagraph (iii).

  • (18) Paragraph 127(30)(b) of the Act is replaced by the following:

    • (b) the amount that would be determined in respect of the partnership under subsection (8) if that subsection were read without reference to subsections (28) and (35).

  • (19) Subsections (1) to (7) and (10) to (18) apply in respect of expenditures incurred after March 21, 2017, except that they do not apply in respect of expenditures incurred before 2020 under a written agreement entered into before March 22, 2017.

  • (20) Subsections (8) and (9) apply to expenses renounced under a flow-through share agreement entered into after March 2017.

  •  (1) Paragraph 149(1)(t) of the Act is repealed.

  • (2) Subsections 149(4.1) to (4.3) of the Act are repealed.

  • (3) The portion of subsection 149(10) of the Act before paragraph (a) is replaced by the following:

    • Marginal note:Becoming or ceasing to be exempt

      (10) If at any time (in this subsection referred to as that time), a person — that is a corporation or, if that time is after September 12, 2013, a trust — becomes or ceases to be exempt from tax under this Part on its taxable income, the following rules apply:

  • (4) Subsections (1) to (3) apply to taxation years that begin after 2018.

  •  (1) Subsection 149.1(15) of the Act is amended by adding “and” at the end of paragraph (b), by striking out “and” at the end of paragraph (c) and by repealing paragraph (d).

  • (2) Subsection (1) applies in respect of gifts made after March 21, 2017.

  •  (1) Subsection 182(1) of the Act is replaced by the following:

    Marginal note:Surtax
    • 182 (1) Every corporation shall pay a tax under this Part for the corporation’s taxation year equal to the amount determined by the formula

      0.5A(B/C)

      where

      A
      is the corporation’s Part I tax on tobacco manufacturing profits for the year;
      B
      is the number of days in the year that are before March 23, 2017; and
      C
      is the number of days in the year.
  • (2) Subsection (1) applies to taxation years that include March 22, 2017.

  •  (1) Part II of the Act, as amended by subsection 26(1), is repealed.

  • (2) Subsection (1) applies to taxation years that begin after March 22, 2017.

  •  (1) The Act is amended by adding the following after section 221:

    Marginal note:Providing information returns in electronic format

    221.01 A person may provide an information return electronically under subsection 209(5) of the Income Tax Regulations if the criteria specified by the Minister are met.

  • (2) Subsection (1) comes into force on January 1, 2018.

2016, c. 7Budget Implementation Act, 2016, No. 1

 Subsection 29(9) of the Budget Implementation Act, 2016, No. 1 is replaced by the following:

  • (9) Subsections (2) to (5) come into force on July 1, 2018.

C.R.C., c. 945Income Tax Regulations

  •  (1) Section 209 of the Income Tax Regulations is amended by adding the following after subsection (4):

    • (5) A person may provide a Statement of Remuneration Paid (T4) information return, as required under subsection (1), as a single document in an electronic format (instead of the two copies required under subsection (1)) to the taxpayer to whom the return relates, on or before the date on which the return is to be filed with the Minister, unless

      • (a) the specified criteria referred to in section 221.01 of the Act are not met;

      • (b) the taxpayer has requested that the information return be provided in paper format; or

      • (c) at the time the return is required to be issued,

        • (i) the taxpayer is on extended leave or is no longer an employee of the person, or

        • (ii) the taxpayer cannot reasonably be expected to have access to the information return in electronic format.

  • (2) Subsection (1) applies in respect of information returns that are required to be filed after 2017.

  •  (1) Section 3505 of the Regulations is repealed.

  • (2) Subsection (1) applies in respect of gifts made after March 21, 2017.

  •  (1) Subsection 4802(2) of the Regulations is repealed.

  • (2) Subsection (1) applies to taxation years that begin after 2018.

Coordinating Amendments

Marginal note:2016, c. 7
  •  (1) In this section, other Act means the Budget Implementation Act, 2016, No. 1.

  • (2) If subsection 29(9) of the other Act produces its effects before section 30 of this Act comes into force, then

    • (a) that section 30 is deemed never to have come into force and is repealed;

    • (b) the following amendments are deemed to have come into force on July 1, 2017:

      • (i) the first formula in subsection 122.61(1) of the Income Tax Act is replaced by the following:

        (A + C + M)/12

      • (ii) the formula in the description of A in subsection 122.61(1) of the Income Tax Act is replaced by the following:

        E − Q − R

      • (iii) subsection 122.61(1) of the Income Tax Act is amended by adding the following after the description of A:

        C
        is the amount determined by the formula

        F – (G × H)

        where

        F
        is, if the person is, at the beginning of the month, an eligible individual in respect of
        • (a) only one qualified dependant, $2,308, and

        • (b) two or more qualified dependants, the total of

          • (i) $2,308 for the first qualified dependant,

          • (ii) $2,042 for the second qualified dependant, and

          • (iii) $1,943 for each of the third and subsequent qualified dependants,

        G
        is the amount determined by the formula

        J – [K – (L/0.122)]

        where

        J
        is the person’s adjusted income for the year,
        K
        is $45,282, and
        L
        is the amount referred to in paragraph (a) of the description of F, and
        H
        is
        • (a) if the person is an eligible individual in respect of only one qualified dependant, 12.2%, and

        • (b) if the person is an eligible individual in respect of two or more qualified dependants, the fraction (expressed as a percentage rounded to the nearest one-tenth of one per cent) of which

          • (i) the numerator is the total that would be determined under the description of F in respect of the eligible individual if that description were applied without reference to the fourth and subsequent qualified dependants in respect of whom the person is an eligible individual, and

          • (ii) the denominator is the amount referred to in paragraph (a) of the description of F, divided by 0.122; and

      • (iv) the description of A in subsection 122.61(1) of the Income Tax Act is amended by striking out “and” at the end of the description of E, by adding “and” at the end of the description of Q and by adding the following after the description of Q:

        R
        is the amount determined for C;
    • (c) the following amendments come into force on July 1, 2018:

      • (i) the first formula in subsection 122.61(1) of the Income Tax Act is replaced by the following:

        (A + M)/12

      • (ii) the formula in the description of A in subsection 122.61(1) of the Income Tax Act is replaced by the following:

        E − Q

      • (iii) the description of C in subsection 122.61(1) of the Income Tax Act is repealed, and

      • (iv) the description of A in subsection 122.61(1) of the Income Tax Act is amended by striking out “and” at the end of the description of Q, by adding “and” at the end of the description of E and by repealing the description of R.

  • (3) If this Act receives royal assent on July 1, 2017, then section 30 of this Act is deemed to have come into force before subsection 29(9) of the other Act has produced its effects.

PART 2R.S., c. E-15Amendments to the Excise Tax Act (GST/HST Measures)

  •  (1) The definition taxi business in subsection 123(1) of the Excise Tax Act is replaced by the following:

    taxi business

    taxi business means

    • (a) a business carried on in Canada of transporting passengers by taxi or other similar vehicle for fares that are regulated under the laws of Canada or a province, or

    • (b) a business carried on in Canada by a person of transporting passengers for fares by motor vehicle — being a vehicle that would be an automobile, as defined in subsection 248(1) of the Income Tax Act, if that definition were read without reference to “a motor vehicle acquired primarily for use as a taxi,” in its paragraph (c) and without reference to its paragraph (e) — within a particular municipality and its environs if the transportation is arranged or coordinated through an electronic platform or system, other than

      • (i) the part of the business that does not involve the making of taxable supplies by the person,

      • (ii) the part of the business that is the operation of a sightseeing service or the school transportation of elementary or secondary students, or

      • (iii) a prescribed business or a prescribed activity of a business; (entreprise de taxis)

  • (2) The portion of the definition short-term accommodation in subsection 123(1) of the Act before paragraph (a) is replaced by the following:

    short-term accommodation

    short-term accommodation means a residential complex or a residential unit that is supplied to a recipient by way of lease, licence or similar arrangement for the purpose of its occupancy by an individual as a place of residence or lodging, if the period throughout which the individual is given continuous occupancy of the complex or unit is less than one month and, for the purposes of section 252.4,

  • (3) Subsection (1) comes into force or is deemed to have come into force on July 1, 2017.

  • (4) Subsection (2) comes into force on January 1, 2018 but does not apply in respect of any rebate under section 252.1 of the Act in respect of a supply made before that day.

  •  (1) The portion of subsection 234(2) of the Act before paragraph (a) is replaced by the following:

    • Marginal note:Deduction for rebate in respect of supplies to non-residents

      (2) If, in the circumstances described in subsection 252(3) or 252.4(2) or (4), a registrant pays to, or credits in favour of, a person an amount on account of a rebate referred to therein, the registrant may deduct the amount in determining the net tax of the registrant for

  • (2) The portion of subsection 234(2.1) of the Act before paragraph (a) is replaced by the following:

    • Marginal note:Late filing of information and adjustment for failure to file

      (2.1) If a registrant is required to file prescribed information in accordance with subsection 252.4(5) in respect of an amount claimed as a deduction under subsection (2) in respect of an amount paid or credited on account of a rebate,

  • (3) The portion of paragraph 234(2.1)(a) of the English version of the Act after subparagraph (ii) is replaced by the following:

    the registrant shall, in determining the net tax for the reporting period of the registrant that includes the filing day, add an amount equal to interest, at the prescribed rate, on the amount claimed as a deduction under subsection (2) computed for the period beginning on the day on or before which the registrant was required to file the prescribed information under subsection 252.4(5) and ending on the filing day; and

  • (4) Paragraph 234(2.1)(b) of the English version of the Act is replaced by the following:

    • (b) in the case where the registrant fails to file the information before the particular day, the registrant shall, in determining the net tax for the reporting period of the registrant that includes the particular day, add an amount equal to the total of the amount claimed as a deduction under subsection (2) and interest, at the prescribed rate, on that amount computed for the period beginning on the day on or before which the registrant was required to file the information under subsection 252.4(5) and ending on the day on or before which the registrant is required under section 238 to file a return for the reporting period of the registrant that includes the particular day.

  • (5) Subsections (1) to (4) come into force on January 1, 2018 but do not apply in respect of any amount paid or credited on account of a rebate under section 252.1 of the Act in respect of a supply made before that day.

  •  (1) Section 252.1 of the Act is repealed.

  • (2) Subsection (1) is deemed to have come into force on March 23, 2017 but does not apply in respect of any supply made on or before March 22, 2017 or in respect of any supply made after March 22, 2017 but before 2018 if all of the consideration for that supply is paid before 2018.

  •  (1) The portion of section 252.2 of the Act before paragraph (a) is replaced by the following:

    Marginal note:Restriction

    252.2 A rebate shall not be paid under section 252 to a person unless

  • (2) Paragraph 252.2(a) of the Act is amended by adding “and” at the end of subparagraph (i), by striking out “and” at the end of subparagraph (ii) and by repealing subparagraph (iii).

  • (3) Section 252.2 of the Act is amended by adding “and” at the end of paragraph (d.1), by striking out “and” at the end of paragraph (e) and by repealing paragraph (g).

  • (4) Subsections (1) to (3) come into force on January 1, 2018 but do not apply in respect of any rebate under section 252.1 of the Act in respect of a supply made before that day.

  •  (1) Section 252.4 of the Act is amended by adding the following before subsection (1):

    Marginal note:Definitions
    • 252.4 (0.1) The following definitions apply in this section.

      camping accommodation

      camping accommodation means a campsite at a recreational trailer park or campground (other than a campsite included in the definition short-term accommodation in subsection 123(1) or included in that part of a tour package that is not the taxable portion, as defined in subsection 163(3), of the tour package) that is supplied by way of lease, licence or similar arrangement for the purpose of its occupancy by an individual as a place of residence or lodging, if the period throughout which the individual is given continuous occupancy of the campsite is less than one month. It includes water, electricity and waste disposal services, or the right to their use, if they are accessed by means of an outlet or hook-up at the campsite and are supplied with the campsite. (emplacement de camping)

      tour package

      tour package has the same meaning as in subsection 163(3), but does not include a tour package that includes a convention facility or related convention supplies. (voyage organisé)

  • (2) Subsection (1) is deemed to have come into force on March 23, 2017.

  •  (1) The portion of section 252.5 of the Act before paragraph (a) is replaced by the following:

    Marginal note:Liability for amount paid or credited

    252.5 If, under section 252 or 252.4, a registrant at a particular time pays to, or credits in favour of, a person an amount on account of a rebate and

  • (2) Subsection (1) comes into force on January 1, 2018 but does not apply in respect of any rebate under section 252.1 of the Act in respect of a supply made before that day.

  •  (1) Paragraph 2(e) of Part I of Schedule VI to the Act is amended by striking out “and” at the end of subparagraph (ix), by adding “and” at the end of subparagraph (x) and by adding the following after subparagraph (x):

    • (xi) Naloxone and its salts,

  • (2) Subsection (1) is deemed to have come into force on March 22, 2016 except that it does not apply

    • (a) to any supply made after March 21, 2016 but on or before March 22, 2017 if, on or before March 22, 2017, the supplier charged, collected or remitted any amount as or on account of tax under Part IX of the Act in respect of the supply;

    • (b) for the purposes of section 6 of Schedule VII to the Act, to goods imported after March 21, 2016 but on or before March 22, 2017 if, on or before March 22, 2017, any amount was paid as or on account of tax under Part IX of the Act in respect of the importation; or

    • (c) for the purposes of section 15 of Part I of Schedule X to the Act, to property brought into a participating province after March 21, 2016 but on or before March 22, 2017 if, on or before March 22, 2017, any amount was paid as or on account of tax under Part IX of the Act in respect of the bringing into the province.

PART 3Amendments to the Excise Act, the Excise Act, 2001 and the Economic Action Plan 2014 Act, No. 1

R.S., c. E-14Excise Act

  •  (1) The Excise Act is amended by adding the following after section 170.1:

    Marginal note:Definition of inflationary adjusted year
    • 170.2 (1) In this section, inflationary adjusted year means 2018 and every year after that year.

    • Marginal note:Annual adjustments

      (2) Each rate of duty set out in Part II of the schedule applicable in respect of a hectolitre of beer or malt liquor is to be adjusted on April 1 of an inflationary adjusted year so that the rate is equal to the greater of

      • (a) the rate determined by the formula

        A × B

        where

        A
        is the rate of duty applicable to the hectolitre on March 31 of the inflationary adjusted year, and
        B
        is the amount, rounded to the nearest one-thousandth, or, if the amount is equidistant from two consecutive one-thousandths, rounded to the higher one-thousandth, determined by the formula

        C/D

        where

        C
        is the Consumer Price Index for the 12-month period ending on September 30 of the particular year preceding the inflationary adjusted year, and
        D
        is the Consumer Price Index for the 12-month period ending on September 30 of the year preceding the particular year, and
      • (b) the rate of duty referred to in the description of A in paragraph (a).

    • Marginal note:Rounding

      (3) The adjusted rate determined under subsection (2) is to be rounded

      • (a) in the case of the rates set out in sections 1 and 2 of Part II of the schedule, to the nearest one-hundredth or, if the adjusted rate is equidistant from two consecutive one-hundredths, to the higher one-hundredth; and

      • (b) in the case of the rate set out in section 3 of Part II of the schedule, to the nearest one-thousandth or, if the adjusted rate is equidistant from two consecutive one-thousandths, to the higher one-thousandth.

    • Marginal note:Consumer Price Index

      (4) In this section, the Consumer Price Index for any 12-month period is the result arrived at by

      • (a) aggregating the Consumer Price Index for Canada, as published by Statistics Canada under the authority of the Statistics Act, for each month in that period;

      • (b) dividing the aggregate obtained under paragraph (a) by 12; and

      • (c) rounding the result obtained under paragraph (b) to the nearest one-thousandth or, if the result obtained is equidistant from two consecutive one-thousandths, to the higher one-thousandth.

  • (2) Subsection (1) is deemed to have come into force on March 23, 2017.

  •  (1) The schedule to the Act is amended by replacing the references after the heading “SCHEDULE” with the following:

    (Sections 135, 170, 170.1, 170.2, 185 and 200)
  • (2) Subsection (1) is deemed to have come into force on March 23, 2017.

  •  (1) Parts II and II.1 of the schedule to the Act are replaced by the following:

    II. Beer

    • 1 Per hectolitre of beer or malt liquor containing more than 2.5% absolute ethyl alcohol by volume,

      • (a) $31.84; or

      • (b) if the rate referred to in paragraph (a) has been adjusted under subsection 170.2(2), the adjusted rate.

    • 2 Per hectolitre of beer or malt liquor containing more than 1.2% absolute ethyl alcohol by volume but not more than 2.5% absolute ethyl alcohol by volume,

      • (a) $15.92; or

      • (b) if the rate referred to in paragraph (a) has been adjusted under subsection 170.2(2), the adjusted rate.

    • 3 Per hectolitre of beer or malt liquor containing not more than 1.2% absolute ethyl alcohol by volume,

      • (a) $2.643; or

      • (b) if the rate referred to in paragraph (a) has been adjusted under subsection 170.2(2), the adjusted rate.

    II.1 Canadian Beer

    • 1 Per hectolitre of the first 2 000 hectolitres of beer and malt liquor brewed in Canada,

      • (a) if it contains more than 2.5% absolute ethyl alcohol by volume, 10% of the rate of duty applicable to a hectolitre of beer or malt liquor under section 1 of Part II;

      • (b) if it contains more than 1.2% absolute ethyl alcohol by volume but not more than 2.5% absolute ethyl alcohol by volume, 10% of the rate of duty applicable to a hectolitre of beer or malt liquor under section 2 of Part II; and

      • (c) if it contains not more than 1.2% absolute ethyl alcohol by volume, 10% of the rate of duty applicable to a hectolitre of beer or malt liquor under section 3 of Part II.

    • 2 Per hectolitre of the next 3 000 hectolitres of beer and malt liquor brewed in Canada,

      • (a) if it contains more than 2.5% absolute ethyl alcohol by volume, 20% of the rate of duty applicable to a hectolitre of beer or malt liquor under section 1 of Part II;

      • (b) if it contains more than 1.2% absolute ethyl alcohol by volume but not more than 2.5% absolute ethyl alcohol by volume, 20% of the rate of duty applicable to a hectolitre of beer or malt liquor under section 2 of Part II; and

      • (c) if it contains not more than 1.2% absolute ethyl alcohol by volume, 20% of the rate of duty applicable to a hectolitre of beer or malt liquor under section 3 of Part II.

    • 3 Per hectolitre of the next 10 000 hectolitres of beer and malt liquor brewed in Canada,

      • (a) if it contains more than 2.5% absolute ethyl alcohol by volume, 40% of the rate of duty applicable to a hectolitre of beer or malt liquor under section 1 of Part II;

      • (b) if it contains more than 1.2% absolute ethyl alcohol by volume but not more than 2.5% absolute ethyl alcohol by volume, 40% of the rate of duty applicable to a hectolitre of beer or malt liquor under section 2 of Part II; and

      • (c) if it contains not more than 1.2% absolute ethyl alcohol by volume, 40% of the rate of duty applicable to a hectolitre of beer or malt liquor under section 3 of Part II.

    • 4 Per hectolitre of the next 35 000 hectolitres of beer and malt liquor brewed in Canada,

      • (a) if it contains more than 2.5% absolute ethyl alcohol by volume, 70% of the rate of duty applicable to a hectolitre of beer or malt liquor under section 1 of Part II;

      • (b) if it contains more than 1.2% absolute ethyl alcohol by volume but not more than 2.5% absolute ethyl alcohol by volume, 70% of the rate of duty applicable to a hectolitre of beer or malt liquor under section 2 of Part II; and

      • (c) if it contains not more than 1.2% absolute ethyl alcohol by volume, 70% of the rate of duty applicable to a hectolitre of beer or malt liquor under section 3 of Part II.

    • 5 Per hectolitre of the next 25 000 hectolitres of beer and malt liquor brewed in Canada,

      • (a) if it contains more than 2.5% absolute ethyl alcohol by volume, 85% of the rate of duty applicable to a hectolitre of beer or malt liquor under section 1 of Part II;

      • (b) if it contains more than 1.2% absolute ethyl alcohol by volume but not more than 2.5% absolute ethyl alcohol by volume, 85% of the rate of duty applicable to a hectolitre of beer or malt liquor under section 2 of Part II; and

      • (c) if it contains not more than 1.2% absolute ethyl alcohol by volume, 85% of the rate of duty applicable to a hectolitre of beer or malt liquor under section 3 of Part II.

    • 6 The rates determined under section 5 are to be rounded

      • (a) in the case of a rate determined under paragraph 5(a) or (b), to the nearest one-thousandth or, if the rate is equidistant from two consecutive one-thousandths, to the higher one-thousandth; and

      • (b) in the case of a rate determined under paragraph 5(c), to the nearest ten-thousandth or, if the rate is equidistant from two consecutive ten-thousandths, to the higher ten-thousandth.

  • (2) Subsection (1) is deemed to have come into force on March 23, 2017.

2002, c. 22Excise Act, 2001

  •  (1) Paragraph (a) of the definition adjustment day in section 58.1 of the Excise Act, 2001 is replaced by the following:

    • (a) March 23, 2017; or

  • (2) The portion of the definition taxed cigarettes in section 58.1 of the Act before paragraph (a) is replaced by the following:

    taxed cigarettes

    taxed cigarettes of a person means cigarettes in respect of which duty has been imposed under section 42 before March 23, 2017 at the rate set out in paragraph 1(a) of Schedule 1, as it read on March 22, 2017, and that, at the beginning of March 23, 2017,

  • (3) The portion of the definition taxed cigarettes in section 58.1 of the Act before paragraph (a), as enacted by subsection (2), is replaced by the following:

    taxed cigarettes

    taxed cigarettes of a person means cigarettes in respect of which duty has been imposed under section 42 or 53 at the rate applicable on the day before an adjustment day other than March 23, 2017, and that, at the beginning of the adjustment day,

  • (4) Subsections (1) and (2) are deemed to have come into force on March 23, 2017.

  • (5) Subsection (3) comes into force on November 30, 2019.

  •  (1) Subsection 58.2(1) of the Act is replaced by the following:

    Marginal note:Imposition of tax — 2017 increase
    • 58.2 (1) Subject to section 58.3, every person shall pay to Her Majesty a tax on all taxed cigarettes of the person held at the beginning of March 23, 2017 at the rate of $0.00265 per cigarette.

  • (2) Subsection (1) is deemed to have come into force on March 23, 2017.

  •  (1) Paragraph 58.5(1)(a) of the Act is replaced by the following:

    • (a) in the case of the tax imposed under subsection 58.2(1), May 31, 2017; or

  • (2) Subsection (1) is deemed to have come into force on March 23, 2017.

  •  (1) Paragraph 58.6(1)(a) of the Act is replaced by the following:

    • (a) in the case of the tax imposed under subsection 58.2(1), May 31, 2017; or

  • (2) Subsection (1) is deemed to have come into force on March 23, 2017.

  •  (1) The Act is amended by adding the following after section 123:

    Marginal note:Definitions
    • 123.1 (1) The following definitions apply in this section.

      inflationary adjusted year

      inflationary adjusted year means 2018 and every year after that year. (année inflationniste)

      reference year

      reference year means a 12-month period that begins on April 1 of a year and ends on March 31 of the following year. (année de référence)

    • Marginal note:Annual adjustments

      (2) Each rate of duty set out in Schedule 4 applicable in respect of a litre of absolute ethyl alcohol or in respect of a litre of spirits is to be adjusted on April 1 of an inflationary adjusted year so that the rate is equal to the greater of

      • (a) the rate determined by the formula

        A × B

        where

        A
        is the rate of duty applicable to the litre of absolute ethyl alcohol or the litre of spirits, as the case may be, on March 31 of the inflationary adjusted year, and
        B
        is the amount, rounded to the nearest one-thousandth, or, if the amount is equidistant from two consecutive one-thousandths, rounded to the higher one-thousandth, determined by the formula

        C/D

        where

        C
        is the Consumer Price Index for the 12-month period ending on September 30 of the particular year preceding the inflationary adjusted year, and
        D
        is the Consumer Price Index for the 12-month period ending on September 30 of the year preceding the particular year, and
      • (b) the rate of duty referred to in the description of A in paragraph (a).

    • Marginal note:Rounding

      (3) The adjusted rate determined under subsection (2) is to be rounded to the nearest one-thousandth or, if the adjusted rate is equidistant from two consecutive one-thousandths, to the higher one-thousandth.

    • Marginal note:Consumer Price Index

      (4) In this section, the Consumer Price Index for any 12-month period is the result arrived at by

      • (a) aggregating the Consumer Price Index for Canada, as published by Statistics Canada under the authority of the Statistics Act, for each month in that period;

      • (b) dividing the aggregate obtained under paragraph (a) by 12; and

      • (c) rounding the result obtained under paragraph (b) to the nearest one-thousandth or, if the result obtained is equidistant from two consecutive one-thousandths, to the higher one-thousandth.

    • Marginal note:Application of adjusted rate

      (5) If duties on spirits are imposed in a reference year but become payable in another reference year that begins in an inflationary adjusted year, those duties are determined at the rate of duty as adjusted under subsection (2) on the first day of the other reference year.

  • (2) Subsection (1) is deemed to have come into force on March 23, 2017.

  •  (1) The Act is amended by adding the following after section 135:

    Marginal note:Definitions
    • 135.1 (1) The following definitions apply in this section.

      inflationary adjusted year

      inflationary adjusted year means 2018 and every year after that year. (année inflationniste)

      reference year

      reference year means a 12-month period that begins on April 1 of a year and ends on March 31 of the following year. (année de référence)

    • Marginal note:Annual adjustments

      (2) Each rate of duty set out in Schedule 6 applicable in respect of a litre of wine is to be adjusted on April 1 of an inflationary adjusted year so that the rate is equal to the greater of

      • (a) the rate determined by the formula

        A × B

        where

        A
        is the rate of duty applicable to the litre on March 31 of the inflationary adjusted year, and
        B
        is the amount, rounded to the nearest one-thousandth, or, if the amount is equidistant from two consecutive one-thousandths, rounded to the higher one-thousandth, determined by the formula

        C/D

        where

        C
        is the Consumer Price Index for the 12-month period ending on September 30 of the particular year preceding the inflationary adjusted year, and
        D
        is the Consumer Price Index for the 12-month period ending on September 30 of the year preceding the particular year, and
      • (b) the rate of duty referred to in the description of A in paragraph (a).

    • Marginal note:Rounding

      (3) The adjusted rate determined under subsection (2) is to be rounded to the nearest one-thousandth or, if the adjusted rate is equidistant from two consecutive one-thousandths, to the higher one-thousandth.

    • Marginal note:Consumer Price Index

      (4) In this section, the Consumer Price Index for any 12-month period is the result arrived at by

      • (a) aggregating the Consumer Price Index for Canada, as published by Statistics Canada under the authority of the Statistics Act, for each month in that period;

      • (b) dividing the aggregate obtained under paragraph (a) by 12; and

      • (c) rounding the result obtained under paragraph (b) to the nearest one-thousandth or, if the result obtained is equidistant from two consecutive one-thousandths, to the higher one-thousandth.

    • Marginal note:Application of adjusted rate

      (5) If duties on wine are imposed in a reference year but become payable in another reference year that begins in an inflationary adjusted year, those duties are determined at the rate of duty as adjusted under subsection (2) on the first day of the other reference year.

  • (2) Subsection (1) is deemed to have come into force on March 23, 2017.

  •  (1) Subparagraphs 216(2)(a)(i) to (iv) of the Act are replaced by the following:

    • (i) $0.22 multiplied by the number of cigarettes to which the offence relates,

    • (ii) $0.22 multiplied by the number of tobacco sticks to which the offence relates,

    • (iii) $0.27 multiplied by the number of grams of manufactured tobacco other than cigarettes or tobacco sticks to which the offence relates, and

    • (iv) $0.42 multiplied by the number of cigars to which the offence relates, and

  • (2) Subparagraphs 216(3)(a)(iii) and (iv) of the Act are replaced by the following:

    • (iii) $0.40 multiplied by the number of grams of manufactured tobacco other than cigarettes or tobacco sticks to which the offence relates, and

    • (iv) $0.84 multiplied by the number of cigars to which the offence relates, and

  •  (1) Subparagraphs 217(2)(a)(i) and (ii) of the Act are replaced by the following:

    • (i) $11.930 multiplied by the number of litres of absolute ethyl alcohol in the spirits to which the offence relates,

    • (ii) $0.63 multiplied by the number of litres of wine to which the offence relates, and

  • (2) Subparagraphs 217(2)(a)(i) and (ii) of the Act, as enacted by subsection (1), are replaced by the following:

    • (i) the number of litres of absolute ethyl alcohol in the spirits to which the offence relates multiplied by the rate of duty per litre of absolute ethyl alcohol applicable under section 1 of Schedule 4 at the time the offence was committed,

    • (ii) the number of litres of wine to which the offence relates multiplied by the rate of duty applicable to a litre of wine under paragraph (c) of Schedule 6 at the time the offence was committed, and

  • (3) Subparagraphs 217(3)(a)(i) and (ii) of the Act are replaced by the following:

    • (i) $23.860 multiplied by the number of litres of absolute ethyl alcohol in the spirits to which the offence relates,

    • (ii) $1.26 multiplied by the number of litres of wine to which the offence relates, and

  • (4) Subparagraphs 217(3)(a)(i) and (ii) of the Act, as enacted by subsection (3), are replaced by the following:

    • (i) the number of litres of absolute ethyl alcohol in the spirits to which the offence relates multiplied by 200% of the rate of duty per litre of absolute ethyl alcohol applicable under section 1 of Schedule 4 at the time the offence was committed,

    • (ii) the number of litres of wine to which the offence relates multiplied by 200% of the rate of duty applicable to a litre of wine under paragraph (c) of Schedule 6 at the time the offence was committed, and

  • (5) Subsections (2) and (4) come into force on April 1, 2018.

  •  (1) Subparagraphs 218(2)(a)(i) and (ii) of the Act are replaced by the following:

    • (i) $23.860 multiplied by the number of litres of absolute ethyl alcohol in the spirits to which the offence relates, and

    • (ii) $1.26 multiplied by the number of litres of wine to which the offence relates, and

  • (2) Subparagraphs 218(2)(a)(i) and (ii) of the Act, as enacted by subsection (1), are replaced by the following:

    • (i) the number of litres of absolute ethyl alcohol in the spirits to which the offence relates multiplied by 200% of the rate of duty per litre of absolute ethyl alcohol applicable under section 1 of Schedule 4 at the time the offence was committed, and

    • (ii) the number of litres of wine to which the offence relates multiplied by 200% of the rate of duty applicable to a litre of wine under paragraph (c) of Schedule 6 at the time the offence was committed, and

  • (3) Subparagraphs 218(3)(a)(i) and (ii) of the Act are replaced by the following:

    • (i) $35.790 multiplied by the number of litres of absolute ethyl alcohol in the spirits to which the offence relates, and

    • (ii) $1.89 multiplied by the number of litres of wine to which the offence relates, and

  • (4) Subparagraphs 218(3)(a)(i) and (ii) of the Act, as enacted by subsection (3), are replaced by the following:

    • (i) the number of litres of absolute ethyl alcohol in the spirits to which the offence relates multiplied by 300% of the rate of duty per litre of absolute ethyl alcohol applicable under section 1 of Schedule 4 at the time the offence was committed, and

    • (ii) the number of litres of wine to which the offence relates multiplied by 300% of the rate of duty applicable to a litre of wine under paragraph (c) of Schedule 6 at the time the offence was committed, and

  • (5) Subsections (2) and (4) come into force on April 1, 2018.

 Paragraphs 240(a) to (c) of the Act are replaced by the following:

  • (a) $0.41 per cigarette that was removed in contravention of that subsection,

  • (b) $0.41 per tobacco stick that was removed in contravention of that subsection, and

  • (c) $508.81 per kilogram of manufactured tobacco, other than cigarettes and tobacco sticks, that was removed in contravention of that subsection.

  •  (1) Section 242 of the Act is replaced by the following:

    Marginal note:Contravention of section 72

    242 Every person who contravenes section 72 is liable to a penalty equal to $1.26 per litre of wine to which the contravention relates.

  • (2) Section 242 of the Act, as enacted by subsection (1), is replaced by the following:

    Marginal note:Contravention of section 72

    242 Every person who contravenes section 72 is liable to a penalty equal to the number of litres of wine to which the contravention relates multiplied by 200% of the rate of duty applicable to a litre of wine under paragraph (c) of Schedule 6 at the time the offence was committed.

  • (3) Subsection (2) comes into force on April 1, 2018.

  •  (1) Paragraph 243(1)(b) of the Act is replaced by the following:

    • (b) if the contravention relates to wine, $1.26 per litre of that wine.

  • (2) Paragraph 243(1)(b) of the Act, as enacted by subsection (1), is replaced by the following:

    • (b) if the contravention relates to wine, the number of litres of that wine multiplied by 200% of the rate of duty applicable to a litre of wine under paragraph (c) of Schedule 6 at the time the offence was committed.

  • (3) Paragraph 243(2)(b) of the Act is replaced by the following:

    • (b) if the contravention relates to wine, $0.63 per litre of that wine.

  • (4) Paragraph 243(2)(b) of the Act, as enacted by subsection (3), is replaced by the following:

    • (b) if the contravention relates to wine, the number of litres of that wine multiplied by the rate of duty applicable to a litre of wine under paragraph (c) of Schedule 6 at the time the offence was committed.

  • (5) Subsections (2) and (4) come into force on April 1, 2018.

  •  (1) Paragraph 243.1(b) of the Act is replaced by the following:

    • (b) if the contravention relates to wine, $0.63 per litre of that wine.

  • (2) Paragraph 243.1(b) of the Act, as enacted by subsection (1), is replaced by the following:

    • (b) if the contravention relates to wine, the number of litres of that wine multiplied by the rate of duty applicable to a litre of wine under paragraph (c) of Schedule 6 at the time the offence was committed.

  • (3) Subsection (2) comes into force on April 1, 2018.

  •  (1) Paragraph 1(a) of Schedule 1 to the Act is replaced by the following:

    • (a) $0.53900; or

  • (2) Subsection (1) is deemed to have come into force on March 23, 2017.

  •  (1) Paragraph 2(a) of Schedule 1 to the Act is replaced by the following:

    • (a) $0.10780; or

  • (2) Subsection (1) is deemed to have come into force on March 23, 2017.

  •  (1) Paragraph 3(a) of Schedule 1 to the Act is replaced by the following:

    • (a) $6.73750; or

  • (2) Subsection (1) is deemed to have come into force on March 23, 2017.

  •  (1) Paragraph 4(a) of Schedule 1 to the Act is replaced by the following:

    • (a) $23.46235; or

  • (2) Subsection (1) is deemed to have come into force on March 23, 2017.

  •  (1) Subparagraph (a)(i) of Schedule 2 to the Act is replaced by the following:

    • (i) $0.08434, or

  • (2) Subsection (1) is deemed to have come into force on March 23, 2017.

  •  (1) Subparagraph (b)(i) of Schedule 2 to the Act is replaced by the following:

    • (i) if the rate referred to in subparagraph (a)(i) has not been adjusted under subsection 43.1(2), 84%, or

  • (2) Subsection (1) is deemed to have come into force on March 23, 2017.

  •  (1) Schedule 4 to the Act is replaced by the following:

    SCHEDULE 4(Sections 122, 123, 123.1 and 159.1)Rates of Duty on Spirits

    • 1 Spirits: per litre of absolute ethyl alcohol contained in the spirits,

      • (a) $11.930; or

      • (b) if the rate referred to in paragraph (a) has been adjusted under subsection 123.1(2), the adjusted rate.

    • 2 Spirits containing not more than 7% absolute ethyl alcohol by volume: per litre,

      • (a) $0.301; or

      • (b) if the rate referred to in paragraph (a) has been adjusted under subsection 123.1(2), the adjusted rate.

  • (2) Schedule 4 to the Act, as enacted by subsection (1), is amended by replacing the references after the heading “SCHEDULE 4” with the following:

    (Sections 122, 123, 123.1, 159.1, 217 and 218)
  • (3) Subsection (1) applies in respect of duties that become payable at a time that is after March 22, 2017.

  • (4) Subsection (2) comes into force on April 1, 2018.

  •  (1) Schedule 6 to the Act is replaced by the following:

    SCHEDULE 6(Sections 134, 135, 135.1 and 159.1)Rates of Duty on Wine

    Wine:

    • (a) in the case of wine that contains not more than 1.2% of absolute ethyl alcohol by volume, per litre,

      • (i) $0.0209, or

      • (ii) if the rate referred to in subparagraph (i) has been adjusted under subsection 135.1(2), the adjusted rate;

    • (b) in the case of wine that contains more than 1.2% of absolute ethyl alcohol by volume but not more than 7% of absolute ethyl alcohol by volume, per litre,

      • (i) $0.301, or

      • (ii) if the rate referred to in subparagraph (i) has been adjusted under subsection 135.1(2), the adjusted rate; and

    • (c) in the case of wine that contains more than 7% of absolute ethyl alcohol by volume, per litre,

      • (i) $0.63, or

      • (ii) if the rate referred to in subparagraph (i) has been adjusted under subsection 135.1(2), the adjusted rate.

  • (2) Schedule 6 to the Act, as enacted by subsection (1), is amended by replacing the references after the heading “SCHEDULE 6” with the following:

    (Sections 134, 135, 135.1, 159.1, 217, 218, 242, 243 and 243.1)
  • (3) Subsection (1) applies in respect of duties that become payable at a time that is after March 22, 2017.

  • (4) Subsection (2) comes into force on April 1, 2018.

2014, c. 20Economic Action Plan 2014 Act, No. 1

Application

 For the purposes of applying the provisions of the Customs Act and the Excise Act that provide for the payment of, or the liability to pay, interest in respect of any amount, the amount is to be determined and interest is to be computed on it as though sections 44 and 58 to 63 and subsections 64(1) and 65(1) had been assented to on March 23, 2017.

PART 4Various Measures

DIVISION 1R.S., c. S-15Special Import Measures Act

Amendments to the Act

  •  (1) The definition margin of dumping in subsection 2(1) of the Special Import Measures Act is replaced by the following:

    margin of dumping

    margin of dumping, in relation to any goods, means, subject to sections 30.2 and 30.3, the amount by which the normal value of the goods exceeds the export price of the goods; (marge de dumping)

  • (2) Paragraphs (a) and (b) of the definition order or finding in subsection 2(1) of the Act is replaced by the following:

    • (a) means an order or finding made by the Tribunal under section 43 or 44 that has not been rescinded under any of sections 76.01 to 76.1 and subsection 91(3) but, if the order or finding has been amended one or more times under any of section 75.3, subsections 75.4(8) and 75.6(7) and sections 76.01 to 76.1, as it was last amended, and

    • (b) includes, for the purposes of sections 3 to 6 and 76 to 76.1, an order or finding made by the Tribunal under subsection 91(3) that has not been rescinded under any of sections 76.01 to 76.1 but, if the order or finding has been amended one or more times under any of section 75.3, subsections 75.4(8) and 75.6(7) and sections 76.01 to 76.1, as it was last amended; (ordonnance ou conclusions)

  • (3) Subsection 2(1) of the Act is amended by adding the following in alphabetical order:

    scope ruling

    scope ruling means a ruling made under subsection 66(1) as to whether certain goods are subject to an order of the Governor in Council imposing a countervailing duty made under section 7, an order or finding of the Tribunal or an undertaking in respect of which an investigation has been suspended under subparagraph 50(a)(iii); (décision sur la portée)

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

  • Marginal note:Duties — circumvention

    (1.1) A duty shall be levied, collected and paid on all dumped and subsidized goods imported into Canada in respect of which the Tribunal has made an order — amending an order or finding, before the release of the goods — to the effect that the importation of goods of the same description constitutes circumvention, as follows:

    • (a) in the case of dumped goods, an anti-dumping duty in an amount that is equal to the margin of dumping of the imported goods; and

    • (b) in the case of subsidized goods, a countervailing duty in an amount that is equal to the amount of subsidy on the imported goods.

  • Marginal note:Duties — circumvention investigation

    (1.2) A duty shall be levied, collected and paid on all dumped and subsidized goods imported into Canada, after the initiation of an anti-circumvention investigation under section 72, in respect of which the Tribunal has made an order — amending an order or finding after the release of the goods — to the effect that the importation of goods of the same description constitutes circumvention, as follows:

    • (a) in the case of dumped goods, an anti-dumping duty in an amount that is equal to the margin of dumping of the imported goods; and

    • (b) in the case of subsidized goods, a countervailing duty in an amount that is equal to the amount of subsidy on the imported goods.

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

  • (c) in respect of which the President has made a specification under clause 41(1)(b)(ii)(C),

 The portion of subsection 9.2(1) of the Act before paragraph (a) is replaced by the following:

Marginal note:Duty ceases if final determination set aside by court
  • 9.2 (1) If duty is leviable, collectable and payable (in this section referred to as “payable”) under this Act under an order or finding of the Tribunal on goods imported into Canada, and proceedings are commenced in the Federal Court of Appeal by an application under section 96.1 to review and set aside the final determination of the President under paragraph 41(1)(b) on which the order or finding is based, duty continues, despite any order or decision that may be made or given in the course of the proceedings, to be so payable under the order or finding on imported goods of the same description as those goods during the course of the proceedings and after they are finally disposed of, unless the final disposition of the proceedings results in the final determination being set aside or being set aside in relation to particular goods, or the President recommencing the investigation and terminating it under paragraph 41(1)(a), in which case

 The portion of subsection 9.21(1) of the Act before paragraph (a) is replaced by the following:

Marginal note:Duty ceases if investigation terminated after review
  • 9.21 (1) If duty is leviable, collectable and payable (in this section referred to as “payable”) under this Act under an order or finding of the Tribunal on goods of a NAFTA country imported into Canada, and a review is requested under Part I.1 of the final determination of the President under paragraph 41(1)(b) on which the order or finding is based, duty continues, despite any order or decision that may be made or given in the course of proceedings under that Part, to be so payable under the order or finding on imported goods of the same description as those goods during the course of the proceedings and after they are finally disposed of, unless the final disposition of the proceedings results in the President recommencing the investigation and terminating it under paragraph 41(1)(a), in which case

 The portion of section 9.3 of the Act before paragraph (a) is replaced by the following:

Marginal note:Duty ceases if investigation terminated after review

9.3 If duty is leviable, collectable and payable (in this section referred to as “payable”) under this Act under an order or finding of the Tribunal on goods of the United States imported into Canada, and a review is requested under Part II of the final determination of the President under paragraph 41(1)(b) on which the order or finding is based, duty continues, despite any order or decision that may be made or given in the course of proceedings under that Part, to be so payable under the order or finding on imported goods of the same description as those goods during the course of the proceedings and after they are finally disposed of, unless the final disposition of the proceedings results in the President recommencing the investigation and terminating it under paragraph 41(1)(a), in which case

  •  (1) The portion of subsection 13.2(1) of the Act before paragraph (a) is replaced by the following:

    Marginal note:Request for review
    • 13.2 (1) An exporter to Canada or producer of any goods to which an order or finding referred to in subsection 3(1) applies may request that the President review the normal value, export price or amount of subsidy in relation to those goods if the exporter or producer

  • (2) Subsections 13.2(2) and (3) of the Act are replaced by the following:

    • Marginal note:Request for review

      (1.1) An exporter to Canada of any goods to which an order or finding referred to in subsection 3(1.1) or (1.2) applies may request that the President review the normal value, export price or amount of subsidy in relation to those goods if the exporter has not been requested to provide information in relation to those goods, or in relation to any goods that are of the same description as those goods for the purposes of this Act, for the purposes of determining their normal value, export price or amount of subsidy.

    • Marginal note:Form of request

      (2) A request under subsection (1) or (1.1) shall be made in the prescribed manner and form and shall contain the prescribed information.

    • Marginal note:Review

      (3) If the President receives a request under subsection (1), the President shall initiate a review, on an expedited basis, of the normal value, export price or amount of subsidy, as the case may be, and shall, on completion of the review, either confirm or amend the value, price or amount.

    • Marginal note:Review

      (3.1) If the President receives a request under subsection (1.1), the President shall initiate a review of the normal value, export price or amount of subsidy in respect of goods to which an order or finding referred to in subsection 3(1.1) or (1.2) applies, as the case may be.

  •  (1) Subsection 16(2) of the Act is amended by striking out “and” at the end of paragraph (a), by adding “and” at the end of paragraph (b) and by adding the following after paragraph (b):

    • (c) any sale of like goods for use in the country of export by the exporter to a purchaser if, in the opinion of the President, a particular market situation exists which does not permit a proper comparison with the sale of the goods to the importer in Canada.

  • (2) Section 16 of the Act is amended by adding the following after subsection (2):

    • Marginal note:Paragraph (2)(c)

      (2.1) For the purposes of paragraph (2)(c), a particular market situation may be found to exist in respect of any goods of a particular exporter or of a particular country, as is appropriate in the circumstances.

 Section 30.1 of the Act is repealed.

 The portion of subsection 35(1) of the Act before paragraph (b) is replaced by the following:

Marginal note:Termination of investigation or inquiry
  • 35 (1) The President shall act under subsection (2) and the Tribunal shall act under subsection (3) if, at any time before the President makes a preliminary determination under subsection 38(1) in respect of goods that are the subject of the investigation,

    • (a) the President is satisfied in respect of some or all of those goods that the actual and potential volume of goods of a country or countries is negligible; or

 Subsection 38(1.1) of the Act is replaced by the following:

  • Marginal note:Insignificant margin or amount

    (1.1) The President may in making a preliminary determination under subsection (1), using the information available to him or her at that time, make the determination that the margin of dumping of, or the amount of subsidy on, any goods of a particular exporter is insignificant.

 Subsections 41(1) and (2) of the Act are replaced by the following:

Marginal note:Final determination or termination
  • 41 (1) Within 90 days after making a preliminary determination under subsection 38(1), the President shall

    • (a) terminate the investigation in respect of any goods of a particular exporter if, on the available evidence, the President is satisfied that there has been no dumping or subsidizing of the goods or that the margin of dumping of, or amount of subsidy on, those goods is insignificant; and

    • (b) make a final determination of dumping or subsidizing in respect of the goods that are the subject of the investigation and for which the investigation has not been terminated under paragraph (a) if, on the available evidence, the President is satisfied that there has been dumping or subsidizing and the President shall specify, in relation to each exporter of goods in respect of which the investigation is made, as follows:

      • (i) in the case of dumped goods, the goods to which the determination applies and the margin of dumping of the goods, and

      • (ii) in the case of subsidized goods,

        • (A) the goods to which the determination applies,

        • (B) the amount of subsidy on the goods, and

        • (C) subject to subsection (2), if the whole or any part of the subsidy on the goods is a prohibited subsidy, the amount of the prohibited subsidy on the goods.

  • Marginal note:Exception

    (2) The President shall not specify anything under clause (1)(b)(ii)(C) if the President is of the opinion that, having regard to the country that is providing the export subsidy, the nature of the goods and the circumstances under which the export subsidy is provided, provision of the export subsidy in relation to those goods is not inconsistent with that country’s obligations under the international agreement known as the General Agreement on Tariffs and Trade, 1994.

  •  (1) The portion of subsection 41.1(1) of the Act before paragraph (a) is replaced by the following:

    Marginal note:Action on final determination or decision referred back by Court
    • 41.1 (1) If a decision under paragraph 41(1)(a) or a final determination under paragraph 41(1)(b) is set aside and the matter referred back to the President on an application under section 96.1, the President shall

  • (2) The portion of subsection 41.1(2) of the Act before paragraph (a) is replaced by the following:

    • Marginal note:Action on final determination or decision referred back by panel

      (2) If a decision under paragraph 41(1)(a) or a final determination under paragraph 41(1)(b) is referred back to the President under subsection 77.015(3) or (4), 77.019(5), 77.15(3) or (4) or 77.19(4), the President shall

  •  (1) The portion of paragraph 42(1)(c) of the Act before subparagraph (i) is replaced by the following:

    • (c) in the case of any subsidized goods in respect of which a specification has been made under clause 41(1)(b)(ii)(C) and to which the preliminary determination applies as to whether

  • (2) Section 42 of the Act is amended by adding the following after subsection (3):

    • Marginal note:Application of paragraph (3)(a)

      (3.1) For the purposes of paragraph (3)(a),

      • (a) the margin of dumping in relation to goods of a particular country is the weighted average of the margins of dumping determined in accordance with section 30.2; and

      • (b) the amount of subsidy in relation to goods of a particular country is the weighted average of the amounts of subsidy determined in accordance with section 30.4.

  • (3) Section 42 of the Act is amended by adding the following after subsection (6):

    • Marginal note:Application

      (7) For the purposes of this section, dumped or subsidized goods do not include goods of an exporter in respect of which the margin of dumping or amount of subsidy is insignificant.

 Paragraph 49(2)(b) of the Act is replaced by the following:

  • (b) unless the President has made a preliminary determination under subsection 38(1); or

 Paragraph 52(1.1)(d) of the Act is replaced by the following:

  • (d) terminate the undertaking or undertakings in respect of those goods, and

 The Act is amended by adding the following after section 55:

Marginal note:Determination of circumvention
  • 55.1 (1) If the Tribunal has made an order described in subsection 3(1.2) with respect to the goods to which the determination of circumvention applies, the President shall cause a designated officer to determine, not later than six months after the date of the order,

    • (a) in respect of any goods referred to in subsection (2), whether the goods are in fact goods of the same description as goods described in the order;

    • (b) the normal value and export price of or the amount of subsidy on the goods; and

    • (c) if section 6 or 10 applies in respect of the goods, the amount of the export subsidy on the goods.

  • Marginal note:Application

    (2) Subsection (1) applies only in respect of goods released on or after the day on which an anti-circumvention investigation is initiated under subsection 72(1) and on or before the day on which the Tribunal makes an order under section 75.3 in respect of the goods.

  • Marginal note:Re-determination

    (3) A determination made under subsection (1) is deemed to be a re-determination by a designated officer under paragraph 57(b).

 The portion of subsection 56(1) of the Act before paragraph (a) is replaced by the following:

Marginal note:Determination final
  • 56 (1) If, after the making of an order or finding of the Tribunal or an order of the Governor in Council imposing a countervailing duty under section 7, any goods are imported into Canada, a determination by a designated officer

 Section 60.1 of the Act is renumbered as subsection 60.1(1) and is amended by adding the following:

  • Marginal note:Notice — section 59 re-determination

    (2) The President shall publish a notice of any re-determination made under paragraph 59(1)(a) or (e) in respect of whether goods are of the same description as goods described in the order or finding, in the prescribed manner.

 Subsections 61(2) and (3) of the Act are replaced by the following:

  • Marginal note:Appeal — scope ruling

    (1.1) Interested persons may appeal a scope ruling made under section 66 or, an amendment to such a ruling resulting from a review under subsection 67(2) or, subject to section 77.012 or 77.12 and only in respect of whether goods are of the same description as goods described in the order or finding, a re-determination made under paragraph 59(1)(a) or (e), to the Tribunal by filing a notice of appeal in writing with the President and the Tribunal within 90 days after the day on which the decision was made.

  • Marginal note:Publication of notice of appeal

    (2) Notice of the hearing of an appeal under subsection (1) or (1.1) must be published in the Canada Gazette at least 21 days before the day of the hearing, and any person who enters an appearance with the Tribunal at least seven days before the day of the hearing may be heard on the appeal.

  • Marginal note:Order or finding of the Tribunal

    (3) On any appeal under subsection (1) or (1.1), the Tribunal may make such order or finding as the nature of the matter may require and, without limiting the generality of the foregoing, may declare what duty is payable or that no duty is payable on the goods with respect to which the appeal was taken, and an order, finding or declaration of the Tribunal is final and conclusive subject to further appeal as provided in section 62.

 Paragraph 62(1)(c) of the Act is replaced by the following:

  • (c) any person who entered an appearance in accordance with subsection 61(2),

 The Act is amended by adding the following after section 62:

Scope Ruling

Marginal note:Application
  • 63 (1) Any interested person may submit an application to the President for a scope ruling with respect to any goods.

  • Marginal note:Application review period

    (2) The President shall, within 30 days after the day on which he or she receives the application, determine if it should be rejected or if a scope proceeding should be initiated.

  • Marginal note:Extension of review period

    (3) The President may extend the period set out in subsection (2) to 45 days.

  • Marginal note:Prescribed criteria

    (4) The President shall reject the application if any criteria prescribing the rejection of an application apply.

  • Marginal note:Prescribed circumstances

    (5) The President may reject an application in the prescribed circumstances.

  • Marginal note:Notice

    (6) The President shall provide written notice to the applicant if their application is rejected under subsection (4) or (5) and give reasons for the rejection.

  • Marginal note:Incomplete application

    (7) If an application is incomplete, the notice referred to in subsection (6) must identify the deficiencies in the application.

  • Marginal note:Initiation of scope proceeding

    (8) If the President does not reject the application under subsection (4) or (5), the President shall initiate a scope proceeding with respect to the goods that are the subject of the application.

Marginal note:President’s initiative

64 The President may initiate a scope proceeding with respect to any goods at any time, on the President’s own initiative.

Marginal note:Notice of scope proceeding

65 If a scope proceeding is initiated under subsection 63(8) or section 64, the President shall provide written notice to the applicant, if any, the government of the country of export, the exporter, the importer and the domestic producers.

Marginal note:Scope ruling
  • 66 (1) Subject to subsections (2) and (3), on or before the one hundred twentieth day after the initiation of a scope proceeding under subsection 63(8) or section 64, the President shall make a scope ruling and provide reasons for it.

  • Marginal note:Extension

    (2) The President may, in the prescribed circumstances, extend the period set out in subsection (1) to 210 days.

  • Marginal note:Termination

    (3) At any time before the President makes a scope ruling under subsection (1), the President may cause the scope proceeding to be terminated in the prescribed circumstances.

  • Marginal note:Scope ruling — effective date

    (4) A scope ruling made under subsection (1) takes effect on the day on which it is made, unless the President indicates otherwise, and it includes any terms and conditions that the President considers appropriate.

  • Marginal note:Notice

    (5) The President shall give written notice to the government of the country of export and the applicant, if any, of:

    • (a) an extension given under subsection (2);

    • (b) the making of a scope ruling under subsection (1); and

    • (c) the termination of a scope proceeding under subsection (3).

  • Marginal note:Factors for ruling

    (6) In making a scope ruling, the President shall take into account any prescribed factors and any other factor that the President considers relevant.

  • Marginal note:Ruling final

    (7) A scope ruling made under subsection (1) is final and conclusive, subject to further appeal as provided in subsection 61(1.1).

Marginal note:Review of ruling
  • 67 (1) For the purpose of giving effect to a decision of the Tribunal, the Federal Court of Appeal or the Supreme Court of Canada, the President shall review the scope ruling made under subsection 66(1) to which that Tribunal or Court decision relates.

  • Marginal note:Review — prescribed circumstances

    (2) The President may review a scope ruling made under subsection 66(1) under prescribed circumstances.

  • Marginal note:Confirmation, amendment or revocation

    (3) The President shall confirm, amend or revoke a scope ruling reviewed under subsection (1) or (2).

  • Marginal note:Written notice

    (4) The President shall give written notice to the government of the country of export, the applicant, if any, and interested persons of a review undertaken under subsection (1) or (2).

Marginal note:Application of scope ruling

68 A scope ruling applies to

  • (a) any determination or re-determination under sections 55, 56 and 57 and paragraphs 59(1)(a) and (e); and

  • (b) any decision relating to whether an undertaking in respect of which an investigation has been suspended under subparagraph 50(a)(iii) applies to goods.

Marginal note:Binding decision

69 Subject to the regulations, a scope ruling is binding with respect to any decision, determination or re-determination made by a designated officer or the President in respect of any goods to which that scope ruling applies that are released on or after its effective date.

Marginal note:Application — section 55
  • 70 (1) A scope ruling may be applied by the President to any determination made under section 55 in respect of any goods which are accounted for under subsection 32(1), (3) or (5) of the Customs Act, no more than two years before the effective date of the scope ruling if, no later than 90 days after that effective date,

    • (a) the importer of the goods

      • (i) makes a written request in the prescribed form and manner and accompanied by the prescribed information, and

      • (ii) has paid all duties owing on the goods; or

    • (b) when the goods are goods of a NAFTA country, the government of that NAFTA country or, if they are of that NAFTA country, the producer, manufacturer or exporter of the goods makes a request as described in subparagraph (a)(i), whether or not the importer of the goods has paid all duties owing on the goods.

  • Marginal note:Application — section 56

    (2) A scope ruling may be applied by a designated officer to any determination made under section 56 no more than two years before the ruling’s effective date if the determination has not previously been re-determined under section 57 or 59 and, no later than 90 days after that date,

    • (a) the importer of the goods

      • (i) makes a written request in the prescribed form and manner and accompanied by the prescribed information, and

      • (ii) has paid all duties owing on the goods; or

    • (b) when the goods are goods of a NAFTA country, the government of that NAFTA country or, if they are of that NAFTA country, the producer, manufacturer or exporter of the goods makes a request as described in subparagraph (a)(i), whether or not the importer of the goods has paid all duties owing on the goods.

  • Marginal note:Application — section 57 or 59

    (3) A scope ruling may be applied by the President to any re-determination made under section 57 or paragraph 59(1)(a) or (e) in respect of any goods that are the subject of a determination made under subsection 56(1) or (2) no more than two years before the ruling’s effective date if, no later than 90 days after that date,

    • (a) the importer of the goods

      • (i) makes a written request in the prescribed form and manner and accompanied by the prescribed information, and

      • (ii) has paid all duties owing on the goods; or

    • (b) when the goods are goods of a NAFTA country, the government of that NAFTA country or, if they are of that NAFTA country, the producer, manufacturer or exporter of the goods makes a request as described in subparagraph (a)(i), whether or not the importer of the goods has paid all duties owing on the goods.

  • Marginal note:Scope ruling — designated officer

    (4) A scope ruling may be applied by a designated officer to any determination made under section 56 no more than two years before the ruling’s effective date if the designated officer deems it advisable within two years after the determination.

  • Marginal note:Scope ruling — President

    (5) A scope ruling may be applied by the President to any determination made under section 55 or any re-determination made under section 56 or 57 or paragraph 59(1)(a) or (e) no more than two years before the ruling’s effective date if the President deems it advisable within two years after the day on which the determination or re-determination is made, as the case may be.

  • Marginal note:Requests under subsection (1) or (3)

    (6) In the case of a request made under subsection (1) or (3), the President shall make a decision within one year after the day on which the request was made.

  • Marginal note:Date of decision

    (7) Except for the purposes of making a request under subsection 58(1.1) or section 77.011 or filing a notice of appeal under subsection 61(1), a decision made under subsection (4) or (5) within 90 days after the scope ruling’s effective date is deemed to be made on that day.

  • Marginal note:Deemed decision — subsection (1), (3) or (5)

    (8) A decision made under subsection (1), (3) or (5) is deemed to be a re-determination made by the President under subsection 59(1).

  • Marginal note:Deemed decision — subsection (2) or (4)

    (9) A decision made under subsection (2) or (4) is deemed to be a re-determination made by a designated officer under section 57.

Anti-circumvention Investigations

Marginal note:Definition of circumvention

71 For the purposes of sections 72 to 75.6, circumvention means a situation in which all of the following exist:

  • (a) a change has occurred in the pattern of trade since the day on which an order imposing a countervailing duty was made under section 7 or an investigation was initiated under section 31, as the case may be;

  • (b) a prescribed activity is occurring and imports of the goods to which that prescribed activity applies are undermining the remedial effects of the order in council or the order or finding of the Tribunal; and

  • (c) the principal cause of the change in trade pattern is the imposition of anti-dumping or countervailing duties.

Marginal note:Initiation of investigation
  • 72 (1) The President shall cause an investigation to be initiated respecting the circumvention of an order or finding of the Tribunal, or an order of the Governor in Council imposing a countervailing duty under section 7, on the President’s own initiative or, if he or she receives a written complaint respecting the circumvention, within 45 days after the day on which that complaint is received, if he or she is of the opinion that there is evidence that circumvention is occurring.

  • Marginal note:Investigation — exporter or country

    (2) An anti-circumvention investigation may be initiated in respect of an exporter or in respect of a country, as the circumstances require.

  • Marginal note:Complaint — required information

    (3) A complaint made under subsection (1) shall contain the information supporting the allegations that is reasonably available to the complainant and any other prescribed information.

Marginal note:Notice of investigation
  • 73 (1) If the President causes an anti-circumvention investigation to be initiated, he or she shall

    • (a) cause notice of the investigation to be

      • (i) given to the importer, the exporter, the government of the exporting country, the domestic producers and the complainant, if any, and

      • (ii) published in the Canada Gazette; and

    • (b) publish the reasons for initiating the investigation in the prescribed manner.

  • Marginal note:President decides not to initiate investigation

    (2) If, after receipt of a complaint referred to in subsection 72(1), the President decides, with respect to some or all of the goods specified in the complaint, not to cause an investigation to be initiated, the President shall send a written notice of the decision and the reasons for it to the complainant.

Marginal note:Statement of essential facts
  • 74 (1) Subject to subsection (2), the President shall publish, in the prescribed manner, a statement of essential facts in respect of an investigation initiated under subsection 72(1) that includes

    • (a) the President’s preliminary assessment of whether the evidence discloses a reasonable indication of circumvention; and

    • (b) a summary of the facts the President relied on in making that preliminary assessment.

  • Marginal note:Comments

    (2) Before making a decision under subsection 75.1(1), the President shall allow interested parties sufficient time to provide written comments on the statement of essential facts.

  • Marginal note:Publication of statement

    (3) The President shall give notice of the publication of the statement of essential facts to the importer, the exporter, the government of the exporting country, the domestic producers and the complainant, if any.

Marginal note:Termination
  • 75 (1) Despite section 74, the President may terminate an investigation at any time before the publication of the statement of essential facts, if the President is satisfied that the goods in respect of which an investigation was initiated under subsection 72(1) are of the same description as goods to which an order or finding of the Tribunal or an order of the Governor in Council applies.

  • Marginal note:Factors

    (2) In making a decision under subsection (1), the President shall take into account the factors referred to in subsection 66(6).

  • Marginal note:Notice of termination

    (3) If an investigation is terminated under subsection (1), the President shall

    • (a) give notice of the termination to the importer, the exporter, the government of the exporting country, the domestic producers and the complainant, if any;

    • (b) publish notice of the termination in the Canada Gazette; and

    • (c) on the same day that the notice is given, publish the reasons for terminating the investigation in the prescribed manner, including the reasons for determining that the goods in question are of the same description as goods to which an order or finding of the Tribunal or an order of the Governor in Council applies.

  • Marginal note:Scope ruling

    (4) A decision made under subsection (1) is deemed to be a scope ruling made under subsection 66(1).

Marginal note:Decision — circumvention
  • 75.1 (1) Subject to subsection 75(1), within 180 days after initiating an investigation under subsection 72(1), the President shall make a decision and shall

    • (a) cause written notice of the decision to be

      • (i) given to the importer, the exporter, the government of the exporting country, the domestic producers and the complainant, if any, and

      • (ii) published in the Canada Gazette;

    • (b) publish the reasons for the decision in the prescribed manner; and

    • (c) in the case of the President finding that there is circumvention, file with the Tribunal the decision, the reasons for the decision and any other material relating to the decision that may be required under the rules of the Tribunal.

  • Marginal note:Circumvention

    (2) In making the decision under subsection (1), the President may only make a finding of circumvention if, on the available evidence, the President is satisfied that importation of some or all of the goods in question constitutes circumvention.

  • Marginal note:Details of decision

    (3) A decision setting out a finding of circumvention must specify

    • (a) the goods to which it applies; and

    • (b) the exporters and the exporting countries to which it applies.

  • Marginal note:Terms and conditions

    (4) A decision setting out a finding of circumvention may include any terms and conditions that the President considers appropriate.

Marginal note:Extension of time period
  • 75.2 (1) The President may, at any time before the publication of the statement of essential facts and before the expiry of the 180-day period set out in subsection 75.1(1), extend the period set out in that subsection to 240 days, in prescribed circumstances.

  • Marginal note:Notice of extension

    (2) The President shall cause written notice of any extension to be

    • (a) given to the importer, the exporter, the government of the exporting country, the domestic producers and the complainant, if any; and

    • (b) published in the Canada Gazette.

Marginal note:Tribunal

75.3 Without delay after a decision setting out a finding of circumvention is filed with the Tribunal under paragraph 75.1(1)(c), the Tribunal shall make an order amending the order or finding that is the subject of the President’s decision in the manner described in the decision, including any terms and conditions that are set out in the decision.

Marginal note:Interim review
  • 75.4 (1) The President may, on his or her own initiative or at the request of the Minister of Finance or any other person, the Tribunal or a government, conduct an interim review of

    • (a) a decision made under subsection 75.1(1) that sets out a finding of circumvention; or

    • (b) any aspect of a decision referred to in paragraph (a).

  • Marginal note:Included decisions

    (2) For the purposes of subsection (1), a decision made under subsection 75.1(1) is deemed to include any decision relating to it that is made under subsection (6) or 75.6(5) prior to the initiation of a review under subsection (1).

  • Marginal note:Limitation

    (3) The President shall not conduct an interim review at the request of any person or government or the Tribunal unless the person or government or the Tribunal satisfies the President that the review is warranted.

  • Marginal note:Decision if interim review not initiated

    (4) If the President decides not to conduct an interim review at the request of a person or government, the President shall forward a copy of the decision and the reasons for it to that person or government.

  • Marginal note:Initiation of interim review

    (5) If the President decides to conduct an interim review the President shall cause written notice of the decision to be

    • (a) given to the importer, the exporter, the government of the exporting country, the domestic producers, and the person or government requesting the review, if any; and

    • (b) published in the Canada Gazette.

  • Marginal note:Decision

    (6) On completion of an interim review, the President shall make a decision rescinding the decision under review or confirming it, with or without amendment, as the circumstances require, and shall give reasons for making the decision.

  • Marginal note:Notice

    (7) On completion of an interim review, the President shall

    • (a) cause written notice of the decision made under subsection (6) to be given to the importer, the exporter, the government of the exporting country, the domestic producers and the person or government requesting the review, if any;

    • (b) cause the notice to be published in the Canada Gazette;

    • (c) publish the reasons for that decision in the prescribed manner; and

    • (d) if the decision requires the amendment of an order or finding of the Tribunal, file with the Tribunal the decision, the reasons for the decision and any other material relating to the decision that may be required under the rules of the Tribunal.

  • Marginal note:Tribunal

    (8) Without delay after a decision is filed with the Tribunal under paragraph (7)(d), the Tribunal shall make an order amending the order or finding that is the subject of the President’s decision in the manner described in the decision, including any terms and conditions that are set out in the decision.

Marginal note:Review of decision
  • 75.5 (1) For the purpose of giving effect to a decision of the Federal Court of Appeal or the Supreme Court of Canada, the President shall review the decision or determination made under subsection 75.1(1), 75.4(6) or 75.6(5) to which that Court decision relates.

  • Marginal note:Confirmation, amendment or revocation

    (2) The President shall confirm, amend or revoke a decision reviewed under subsection (1) and the confirmation, amendment or revocation is deemed, except for the purposes of section 96.1, to be a decision or determination made under subsection 75.1(1), 75.4(6) or 75.6(5), as the case may be.

Marginal note:Request for exemption
  • 75.6 (1) An exporter to Canada of any goods to which an order or finding referred to in subsection 3(1.1) or (1.2) applies may request that the President determine whether the goods from that exporter may be exempt from the extension of duties if the exporter

    • (a) establishes that they are not associated with any exporter who was given notice of the circumvention investigation; and

    • (b) has not been

      • (i) given notice of the initiation of that investigation, or

      • (ii) requested to provide information during the course of that investigation.

  • Marginal note:Form of request

    (2) A request under subsection (1) shall be made in the prescribed manner and form and shall contain the prescribed information.

  • Marginal note:Review — circumvention

    (3) If the President receives a request under subsection (1) and he or she is satisfied that a review is warranted, the President shall initiate a review, on an expedited basis, in order to determine whether goods from that exporter may be exempt from the extension of duties.

  • Marginal note:Notice

    (4) If a review is initiated under subsection (3), the President shall provide written notice to the importer, the exporter, the government of the exporting country and the domestic producers.

  • Marginal note:Decision

    (5) Upon completion of the review, the President shall make a determination that the goods from the exporter are

    • (a) subject to the extension of duties if the President is satisfied that circumvention is occurring; or

    • (b) exempt from the extension of duties if the President is satisfied that no circumvention is occurring.

  • Marginal note:Notice

    (6) Upon completion of the review, the President shall

    • (a) cause notice of the determination to be given to the importer, the exporter, the government of the exporting country, the domestic producers and the person requesting the review; and

    • (b) if the President makes a determination under paragraph (5)(b), cause to be filed with the Tribunal:

      • (i) written notice of the determination, stating the reasons for the determination, and

      • (ii) any other material that may be required under the rules of the Tribunal.

  • Marginal note:Amendment — order or finding

    (7) Without delay after receipt of a notice under paragraph (6)(b), the Tribunal shall make an order amending the order or finding that is affected by the review in order to give effect to the President’s determination.

Marginal note:Termination of investigation or review
  • 75.7 (1) The President may terminate any investigation initiated under subsection 72(1) or any review initiated under subsection 75.4(1) or 75.6(3) in respect of any goods of an exporter or country, if the order or finding of the Tribunal or the order of the Governor in Council in respect of which the investigation or review is undertaken has expired or been rescinded or amended in respect of those goods prior to the conclusion of the investigation or review.

  • Marginal note:Notice of termination

    (2) The President shall cause written notice of the termination of an investigation or review under subsection (1) to be

    • (a) given to the importer, the exporter, the government of the exporting country, the domestic producers and, if appropriate, to the complainant or applicant, if any; and

    • (b) published in the Canada Gazette if the termination is in relation to an investigation initiated under subsection 72(1) or a review initiated under subsection 75.4(1).

  •  (1) The portion of subsection 76.01(1) of the Act before paragraph (a) is replaced by the following:

    Marginal note:Interim review of orders by Tribunal
    • 76.01 (1) Subject to subsection (1.1), at any time after the making of an order or finding described in any of sections 3 to 6, the Tribunal may, on its own initiative or at the request of the Minister of Finance, the President or any other person or of any government, conduct an interim review of

  • (2) Section 76.01 of the Act is amended by adding the following after subsection (1):

    • Marginal note:Exclusion

      (1.1) The Tribunal shall refer any portion of a request for interim review relating to a decision by the President setting out a finding of circumvention under subsection 75.1(1) or 75.4(6) to the President who shall make a decision relating to that portion of the request under section 75.4.

  •  (1) The portion of subsection 76.03(1) of the Act before paragraph (a) is replaced by the following:

    Marginal note:Order or finding deemed to be rescinded
    • 76.03 (1) If the Tribunal has not initiated an expiry review under subsection (3) with respect to an order or finding described in any of subsections 3(1) and (2) and sections 4 to 6 before the expiry of five years after whichever of the following days is applicable, the order or finding is deemed to have been rescinded as of the expiry of the five years:

  • (2) The portion of subsection 76.03(3) of the Act before paragraph (a) is replaced by the following:

    • Marginal note:Review of orders by Tribunal

      (3) The Tribunal may initiate an expiry review of an order or finding described in any of subsections 3(1) and (2) and sections 4 to 6

  • (3) Section 76.03 of the Act is amended by adding the following after subsection (12):

    • Marginal note:Review period

      (13) For the purposes of conducting a review of an order or finding under this section the following are not to be considered:

      • (a) an order made by the Tribunal under section 75.3 or subsection 75.4(8) or 75.6(7) amending the order or finding under review, if that order is made on or after the day on which notice is published under subsection (2) and before the day on which the order of the Tribunal is made under subsection (12); and

      • (b) a decision or determination made by the President under subsection 75.1(1), 75.4(6) or 75.6(5) in respect of the order or finding under review.

    • Marginal note:Expiry of anti-circumvention order

      (14) An order made as a result of a decision by the President setting out a finding of circumvention or an interim review decision of the President relating to a finding of circumvention, other than an order rescinding the extension of duties or exempting an exporter from the extension of duties, expires

      • (a) if an expiry review is not initiated under subsection (3), five years after the day on which the order or finding that was the subject of the anti-circumvention investigation or interim review was made; and

      • (b) if an expiry review of the order or finding that was the subject of the anti-circumvention investigation or interim review is initiated under subsection (3), the day on which the Tribunal makes an order under subsection (12).

 Paragraphs 76.1(5)(a) and (b) of the Act are replaced by the following:

  • (a) paragraph 41(1)(a), if the decision or determination was continued or made as a result of a review under this section of a decision of the President under that paragraph to cause an investigation to be terminated;

  • (b) paragraph 41(1)(b), if the decision or determination was continued or made as a result of a review under this section of a final determination of the President under that paragraph;

 Paragraphs (a) and (b) of the definition definitive decision in subsection 77.01(1) of the Act are replaced by the following:

  • (a) a decision of the President under paragraph 41(1)(a),

  • (b) a final determination of the President under paragraph 41(1)(b),

 Subsection 77.013(3) of the Act is replaced by the following:

  • Marginal note:Single panel

    (3) If a request is made for the review of a final determination of the President under paragraph 41(1)(b) that applies to or is made in respect of particular goods of a NAFTA country and another request is made for the review of an order or finding of the Tribunal under subsection 43(1) that applies to or is made in respect of those goods, one panel may, with the consent of the Minister and the government of that NAFTA country, be appointed to review the final determination and the order or finding.

 Paragraphs (a) and (b) of the definition definitive decision in subsection 77.1(1) of the Act are replaced by the following:

  • (a) a decision of the President under paragraph 41(1)(a),

  • (b) a final determination of the President under paragraph 41(1)(b),

 Subsection 77.13(2) of the Act is replaced by the following:

  • Marginal note:Single panel

    (2) If a request is made for the review of a final determination of the President under paragraph 41(1)(b) that applies to or in respect of particular goods of the United States and another request is made for the review of an order or finding of the Tribunal under subsection 43(1) that applies to or in respect of those goods, one panel may, with the consent of the Minister and the United States government, be appointed to review the final determination and the order or finding.

  •  (1) Paragraphs 96.1(1)(a) and (b) of the Act are replaced by the following:

    • (a) a decision of the President under paragraph 41(1)(a);

    • (b) a final determination of the President under paragraph 41(1)(b);

  • (2) Subsection 96.1(1) of the Act is amended by adding the following after paragraph (c.1):

    • (c.2) a decision of the President under subsection 75.1(1);

    • (c.3) a decision of the President under subsection 75.4(6);

    • (c.4) a determination of the President under subsection 75.6(5);

  •  (1) Paragraph 97(1)(a.1) of the Act is amended by striking out “and” at the end of subparagraph (i) and by adding the following after subparagraph (ii):

    • (iii) whether there has been a change in the pattern of trade,

    • (iv) whether the process of assembly or completion is insignificant,

    • (v) the principal cause of a change in a pattern of trade, and

    • (vi) whether a prescribed activity is undermining the remedial effects of an order of the Governor in Council or an order or finding;

  • (2) Paragraph 97(1)(b) of the Act is replaced by the following:

    • (a.2) respecting activities for the purposes of paragraph 71(b);

    • (b) specifying the circumstances and manner in which two or more properly documented complaints, investigations or inquiries, including anti-circumvention complaints and investigations and scope ruling applications and scope proceedings, may be joined and carried on as one and the persons to whom and the manner in which notice of the joining shall be given;

    • (c) prescribing, for the purpose of subsection 74(2), what constitutes a sufficient amount of time for interested parties to provide written comments;

  • (3) Paragraph 97(1)(g) of the Act is replaced by the following:

    • (g) defining the expression person interested for the purpose of subsection 45(6) or section 89 or 95 and the expression interested person for the purpose of subsections 61(1.1), 63(1) or 67(4);

    • (g.01) prescribing what constitutes a complete application for the purposes of subsection 63(7);

Transitional Provisions

Marginal note:Definitions

 The definitions in this section apply in this section and sections 100 and 101.

commencement day

commencement day means the day on which this section comes into force. (date de référence)

former Act

former Act means the Special Import Measures Act as it read on the day before the commencement day. (ancienne loi)

new Act

new Act means the Special Import Measures Act as it read on the commencement day. (nouvelle loi)

Marginal note:Disposition of notified complaints
  •  (1) Subject to subsections (2) to (7), if, before the commencement day, notice of a complaint respecting the dumping or subsidizing of goods that is properly documented, as defined in subsection 2(1) of the former Act, has been given under paragraph 32(1)(a) of that Act, any proceeding, process or action in respect of the goods shall be continued and disposed of in accordance with that Act.

  • Marginal note:Goods subject to order made after commencement day

    (2) If the Canadian International Trade Tribunal makes an order or finding under subsection 43(1) of the new Act on or after the commencement day with respect to goods that are the subject of a complaint referred to in subsection (1), any subsequent proceeding, process or action in respect of those goods other than the following shall be disposed of in accordance with that Act:

    • (a) a judicial review or dispute settlement under Part I.1 or II of the new Act in relation to that order or finding and any proceeding, process or action in relation to the judicial review or dispute settlement;

    • (b) a proceeding, process or action in relation to any of those goods that were released before the commencement day;

    • (c) a proceeding, process or action in relation to any of those goods that were released on or after the commencement day but on or before the day on which the Tribunal made the order or finding; or

    • (d) a proceeding, process or action under section 45 of the new Act in relation to that order or finding.

  • Marginal note:Effect of order or finding

    (3) For greater certainty, any order or finding that was made before the commencement day and is in effect on that day shall, for the purposes of sections 3 to 6 of the new Act, have the same force and effect as if it were made under that Act.

  • Marginal note:New Act does not justify review

    (4) For the purpose of subsection 76.01(3) of the new Act, the fact that this Act comes into force is not sufficient reason for the Canadian International Trade Tribunal to be satisfied that an interim review of an order or finding is warranted.

  • Marginal note:Determination — undertaking

    (5) Any determination, on or after the commencement day, of a normal value, export price, amount of subsidy or margin of dumping in relation to any goods that are subject to an undertaking accepted before the commencement day shall be made in accordance with the new Act.

  • Marginal note:Determination — deeming

    (6) A determination of a normal value, export price, amount of subsidy or margin of dumping made in relation to goods under the former Act is, for the purposes of goods released on or after the commencement day, other than goods to which paragraph (2)(c) applies, deemed to have been made under the new Act.

  • Marginal note:Re-determination of normal value, etc.

    (7) A re-determination of a normal value, export price, amount of subsidy or margin of dumping referred to in subsection (6) shall be made in accordance with the new Act.

Marginal note:Application

 The provisions of the new Act, as enacted or amended by sections 68 to 98, apply to goods from a NAFTA country, as defined in subsection 2(1) of that Act.

Coming into Force

Marginal note:Order in council

 Sections 68, 69, 74, 75 and 84 to 91, subsection 97(2) and sections 98 to 101 come into force on the day fixed by order of the Governor in Council.

DIVISION 2Public Debt

Enactment of Borrowing Authority Act

Marginal note:Enactment

 The Borrowing Authority Act, whose text is as follows and whose schedule is set out in Schedule 1 to this Act, is enacted:

An Act to provide the Minister of Finance with borrowing authority and to provide for a maximum amount of certain borrowings

Marginal note:Short title

1 This Act may be cited as the Borrowing Authority Act.

Marginal note:Definitions

2 The following definitions apply in this Act.

agent corporation

agent corporation has the same meaning as in subsection 83(1) of the Financial Administration Act. (société mandataire)

Minister

Minister means the Minister of Finance. (ministre)

Marginal note:Borrowing authority

3 The Minister, with the authorization of the Governor in Council under subsection 44(1) of the Financial Administration Act and in accordance with that Act, may borrow money on behalf of Her Majesty in right of Canada, by way of the issue and sale of securities, as defined in section 2 of that Act, or otherwise.

Marginal note:Maximum amount that may be borrowed

4 Despite section 3 and any other Act of Parliament, but subject to section 6, the total of the following amounts must not at any time exceed $1,168,000,000,000:

  • (a) the total amount of money borrowed by the Minister under section 3, the Financial Administration Act and the borrowing authority Acts listed in the schedule,

  • (b) the total amount of money borrowed by way of the issue and sale of Canada Mortgage Bonds that are guaranteed by the Canada Mortgage and Housing Corporation, and

  • (c) the total amount of money borrowed by all agent corporations, by way of the issue and sale of their securities or otherwise, other than

    • (i) amounts that they borrowed from Her Majesty in right of Canada, and

    • (ii) amounts that they are deemed under any other Act of Parliament to have borrowed.

Marginal note:Exception — amounts not counting towards total

5 The following amounts do not count in the calculation of the amount referred to in paragraph 4(a):

  • (a) amounts borrowed by the Minister under an order made under paragraph 46.1(c) of the Financial Administration Act; and

  • (b) amounts borrowed by the Minister under an order made under paragraph 46.1(a) of that Act for the payment of any amount in respect of a debt that was originally incurred under an order made under paragraph 46.1(c) of that Act.

Marginal note:Exception — maximum amount may be exceeded

6 The Minister may borrow an amount under an order made under paragraph 46.1(a) or (b) of the Financial Administration Act even if that borrowing causes the maximum amount referred to in section 4 of this Act to be exceeded.

Marginal note:Minister’s responsibility

7 In the exercise of the Minister’s powers and duties under subsection 14(1) of the National Housing Act in respect of guarantees of Canada Mortgage Bonds by the Canada Mortgage and Housing Corporation, and of his or her powers and duties under subsections 127(2) and (3) of the Financial Administration Act in respect of agent corporations, the Minister must ensure that the maximum amount referred to in section 4 of this Act is not exceeded.

Marginal note:Report to Parliament
  • 8 (1) The Minister must cause to be tabled in each House of Parliament within three years after the day on which this section comes into force — or, if the House is not sitting on the last day of that three-year period, during the next 30 days that it is sitting — a report indicating

    • (a) the total amount of borrowed money referred to in each of paragraphs 4(a) to (c);

    • (b) the total amount of money borrowed under orders made under each of paragraphs 46.1(a) to (c) of the Financial Administration Act; and

    • (c) the Minister’s assessment of whether the maximum amount referred to in section 4 of this Act should be increased or decreased.

  • Marginal note:Subsequent triennial reports

    (2) The Minister must cause to be tabled in each House of Parliament, on or before the May 31 that follows the end of the third fiscal year after the fiscal year during which a report was previously tabled under this section — or, if the House is not sitting on that May 31, during the next 30 days that it is sitting — a report indicating the matters set out in paragraphs (1)(a) to (c).

R.S., c. F-11Amendment to the Financial Administration Act

 The portion of subsection 48(2) of the Financial Administration Act after paragraph (b) is replaced by the following:

the authorized transaction may be undertaken, in whole or in part, in the currency of a country other than Canada, and for that purpose the specific or maximum number of dollars shall be construed as an equivalent amount in the currency of the other country, calculated at the daily average rate of exchange between the Canadian dollar and the currency concerned quoted by the Bank of Canada on the day immediately preceding the day on which the money is borrowed, the proceeds from the issue of securities are received or the guarantee is given, as the case may be, or at any other rate of exchange in use between those currencies that the Minister considers appropriate.

1990, c. 41Amendment to the Hibernia Development Project Act

 Paragraph 3(3)(a) of the Hibernia Development Project Act is replaced by the following:

  • (a) where the guarantee is in respect of an amount that together with all guaranteed principal amounts outstanding at the time is in excess of the maximum aggregate principal amount guaranteed at any prior time, the daily average rate of exchange between the Canadian dollar and the currency concerned quoted by the Bank of Canada on the day immediately preceding the day on which the benefit of the guarantee is extended by certificate under paragraph (2)(b) to the amount in excess; or

2016, c. 7Consequential Amendment to the Budget Implementation Act, 2016, No. 1

 Section 186 of the Budget Implementation Act, 2016, No. 1 is repealed.

Coming into Force

Marginal note:2016, c. 7

 Section 103 comes into force on the day on which section 183 of the Budget Implementation Act, 2016, No. 1 comes into force.

DIVISION 3Financial Sector Stability

R.S., c. C-3Canada Deposit Insurance Corporation Act

 Section 7 of the Canada Deposit Insurance Corporation Act is amended by striking out “and” at the end of paragraph (b), by adding “and” at the end of paragraph (c) and by adding the following after paragraph (c):

  • (d) to act as the resolution authority for its members.

  •  (1) Subsection 11(2) of the Act is amended by adding the following after paragraph (d):

    • (e) respecting the development, submission and maintenance of resolution plans by domestic systemically important banks, including specifying the contents of those plans;

  • (2) Section 11 of the Act is amended by adding the following after subsection (2):

    • Marginal note:Ministerial approval

      (2.01) A by-law made under paragraph (2)(e) is not effective unless it has been approved in writing by the Minister.

 The Act is amended by adding the following after the heading “Restructuring of Federal Member Institutions” after section 39:

Resolution Plans

Marginal note:Submission of plan

39.01 A domestic systemically important bank shall, on the request of the Corporation, develop and maintain a resolution plan that meets the requirements referred to in paragraph 11(2)(e) and shall submit that plan to the Corporation.

1991, c. 46Bank Act

 Subsection 485(1.2) of the Bank Act is replaced by the following:

  • Marginal note:Superintendent’s order

    (1.2) For each domestic systemically important bank, the Superintendent shall, by order made after consulting with the other members of the committee established under subsection 18(1) of the Office of the Superintendent of Financial Institutions Act, provide for the amount that constitutes the bank’s minimum capacity to absorb losses.

  • Marginal note:Amount — subsection (1.2)

    (1.21) The amount set under subsection (1.2) consists of capital, prescribed shares and prescribed liabilities, which have the value determined in accordance with any criteria the Superintendent considers appropriate.

Coming into Force

Marginal note:Order in council
  •  (1) Section 110 comes into force on a day to be fixed by order of the Governor in Council.

  • Marginal note:2016, c. 7 or royal assent

    (2) Section 111 comes into force on the day on which section 160 of the Budget Implementation Act, 2016, No. 1 comes into force or, if it is later, on the day on which this Act receives royal assent.

DIVISION 42012, c. 19, s. 711Shared Services Canada Act

 Section 7 of the Shared Services Canada Act is replaced by the following:

Marginal note:Minister

7 The Minister may, for the purpose of providing services under this Act, exercise any of the powers, or perform any of the duties or functions, that are set out in paragraph 6(a), (b), (c) or (g) of the Department of Public Works and Government Services Act in respect of departments, Crown corporations, persons, organizations and governments to which those services are provided.

Marginal note:Delegation — appropriate Minister
  • 7.1 (1) For the purpose of providing services under this Act to a department through Shared Services Canada, the Minister may delegate any of his or her powers under section 7 in respect of that department, for any period and under any terms and conditions that he or she considers suitable, to that department’s appropriate Minister.

  • Marginal note:Delegation — chief executive

    (2) For the purpose of providing services under this Act, through Shared Services Canada, to a department over which the Minister does not preside but for which he or she is the appropriate Minister, the Minister may delegate any of his or her powers under section 7 in respect of that department, for any period and under any terms and conditions that he or she considers suitable, to that department’s chief executive.

  • Marginal note:Subdelegation — chief executive

    (3) The appropriate Minister for a department may, subject to and in accordance with the delegation under subsection (1), subdelegate to the chief executive of that department, for any period and under any terms and conditions that the appropriate Minister considers suitable, the power that was delegated to him or her under that subsection.

  • Marginal note:Subdelegation — subordinate

    (4) The chief executive of a department may, subject to and in accordance with the delegation under subsection (2) or the subdelegation under subsection (3), subdelegate to any person under his or her jurisdiction, for any period and under any terms and conditions that the chief executive considers suitable, the power that was delegated or subdelegated, as the case may be, to him or her under that subsection.

  • Marginal note:Definitions

    (5) The following definitions apply in this section.

    appropriate Minister

    appropriate Minister has the same meaning as in section 2 of the Financial Administration Act. (ministre compétent)

    chief executive

    chief executive means

    • (a) with respect to a department named in Part I of Schedule VI to the Financial Administration Act, its deputy minister;

    • (b) with respect to a department named in Part II or III of that Schedule, the person occupying the position set out opposite that name; and

    • (c) with respect to a department that is not named in that Schedule, the chief executive officer, the deputy head or the person who occupies any other similar position, however called, in that department. (administrateur principal)

 The Act is amended by adding the following after section 9:

Marginal note:Authorization
  • 9.1 (1) Despite the Governor in Council having specified, under paragraph 6(c), that a department must obtain a service that is specified under paragraph 6(a) exclusively from the Minister through Shared Services Canada and is not permitted to meet its requirement for that service internally, the Minister may, if the Minister considers that exceptional circumstances justify it, and under any terms and conditions that the Minister specifies,

    • (a) authorize that department to obtain part of that service other than from the Minister through Shared Services Canada, including by meeting its requirement for that part of the service internally; or

    • (b) authorize that department to obtain all of that service in respect of one or more portions of the department — but not all of the department — other than from the Minister through Shared Services Canada, including by meeting its requirement for that service internally.

  • Marginal note:Power exercised personally

    (2) The Minister must personally exercise the power that is set out in subsection (1).

  • Marginal note:Instructions

    (3) A department that is authorized, under subsection (1), to obtain all or part of a service other than from the Minister through Shared Services Canada, including by meeting its requirement for that service or that part of the service internally, must do so in accordance with any instructions that the Minister provides.

DIVISION 5Payment to the Canadian Institute for Advanced Research

Marginal note:Maximum payment of $125,000,000

 There may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister of Industry, a sum not exceeding $125,000,000 to the Canadian Institute for Advanced Research to support a pan-Canadian artificial intelligence strategy.

DIVISION 6Financial Assistance for Students

1994, c. 28Canada Student Financial Assistance Act

 Paragraph (a) of the definition qualifying student in subsection 2(1) of the Canada Student Financial Assistance Act is replaced by the following:

  • (a) who is a Canadian citizen, a person registered as an Indian under the Indian Act, a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act or a protected person within the meaning of subsection 95(2) of that Act,

2004, c. 26Canada Education Savings Act

 Paragraph 2(2)(a) of the Canada Education Savings Act is replaced by the following:

  • (a) the expressions adjusted income, cohabiting spouse or common-law partner, eligible individual and qualified dependant have the meanings assigned by section 122.6 of the Income Tax Act;

  •  (1) Subsection 5(6.1) of the Act is replaced by the following:

    • 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 or their cohabiting spouse or common-law partner is the adjusted income used to determine the amount of a Canada child benefit for the first month in the particular year in respect of which the individual’s eligibility for the Canada child benefit has been established.

  • (2) Subsections 5(7) to (7.2) of the Act are replaced by the following:

    • Marginal note:Designation

      (7) The amount referred to in subsection (4) is to be paid to the trustee of a trust designated, in the form and manner approved by the Minister, by the primary caregiver of the beneficiary at the time the contribution is made or the primary caregiver’s cohabiting spouse or common-law partner at that time.

    • Marginal note:More than one designated trust

      (7.1) If there is more than one trust designated under subsection (7) at the time a contribution is made, the amount referred to in subsection (4) is to be paid to the trustee of the trust 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 trust designated under subsection (7) 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 subsection (4), then amounts may be paid under subsection (4) to the trustee of any trust designated under subsection (7).

 Subsection 6(4) of the Act is replaced by the following:

  • Marginal note:Designation

    (4) The amount of a bond in respect of a benefit year is to be paid to the trustee of a trust designated, in the form and manner approved by the Minister, by the primary caregiver of the beneficiary, the primary caregiver’s cohabiting spouse or common-law partner or, if the beneficiary is 18 years of age or more, the beneficiary.

 Subsection 9.1(1) of the Act is replaced by the following:

Marginal note:Waiver
  • 9.1 (1) On application made by the primary caregiver of the beneficiary, the primary caregiver’s cohabiting spouse or common-law partner or, if the beneficiary is 18 years of age or more, the beneficiary, the Minister may, to avoid undue hardship, waive any of the requirements of this Act or the regulations that relate to the payment of CES grants or Canada Learning Bonds and that are specified in regulations made under paragraph 13(g). The application must be in the form and manner approved by the Minister.

Coming into Force

Marginal note:August 1, 2018
  •  (1) Section 116 comes into force on August 1, 2018.

  • Marginal note:January 1, 2018

    (2) Sections 117 to 120 come into force on January 1, 2018.

DIVISION 7Parliamentary Budget Officer and Board of Internal Economy

R.S., c. P-1Parliament of Canada Act

Amendments to the Act

 Subsection 50(6) of the Parliament of Canada Act is replaced by the following:

  • Marginal note:Scope

    (6) For greater certainty, nothing in the oath or affirmation referred to in subsection (5) shall be construed as preventing the communication of any information or documents discussed in, or prepared for, a meeting of the Board that was open to the public.

 The Act is amended by adding the following after section 51:

Marginal note:Public meetings

51.1 Meetings of the Board shall be open to the public; however, a meeting or portion of a meeting shall be held in camera if

  • (a) the matters being discussed relate to security, employment, staff relations or tenders;

  • (b) the circumstances prescribed by a by-law made under paragraph 52.5(1)(a.1) exist; or

  • (c) all of the members of the Board who are present at the meeting agree that it be held in camera.

 Subsection 52.2(2) of the Act is replaced by the following:

  • Marginal note:Proceedings

    (2) For greater certainty, the proceedings of the Board are proceedings in Parliament.

  •  (1) Subsection 52.5(1) of the Act is amended by adding the following after paragraph (a):

    • (a.1) prescribing the circumstances in which a meeting of the Board shall be held in camera;

  • (2) Section 52.5 of the Act is amended by adding the following after subsection (1):

    • Marginal note:Unanimity

      (1.1) The Board may make a by-law under paragraph (1)(a.1) only on the unanimous vote of the members of the Board who are present at the meeting at which the vote is held.

 Subsection 75(4) of the Act is replaced by the following:

  • Marginal note:Other officers and employees

    (4) The officers, other than the Parliamentary Librarian and the Associate Parliamentary Librarian, and the clerks and servants who are authorized by law and required for the service of the Library may be appointed in the manner prescribed by law to hold office during pleasure.

 Section 78 of the Act is replaced by the following:

Marginal note:Duties of Librarians and staff

78 The Parliamentary Librarian, the Associate Parliamentary Librarian and the other officers, clerks and servants of the Library are responsible for the faithful discharge of their official duties, as defined, subject to this Act, by regulations agreed on by the Speakers of the two Houses of Parliament and concurred in by the joint committee referred to in section 74.

 Sections 79.1 to 79.5 of the Act are replaced by the following:

Parliamentary Budget Officer

Marginal note:Purpose

79.01 Sections 79.1 to 79.5 provide for an independent and non-partisan Parliamentary Budget Officer to support Parliament by providing analysis, including analysis of macro-economic and fiscal policy, for the purposes of raising the quality of parliamentary debate and promoting greater budget transparency and accountability.

Marginal note:Appointment
  • 79.1 (1) The Governor in Council shall, by commission under the Great Seal, appoint a Parliamentary Budget Officer after consultation with the following persons and after approval of the appointment by resolution of the Senate and House of Commons:

    • (a) the persons referred to in paragraphs 62(a) and (b) and the leader of every caucus and of every recognized group in the Senate; and

    • (b) the leader of every recognized party in the House of Commons.

  • Marginal note:Experience and expertise

    (1.1) The Parliamentary Budget Officer shall have demonstrated experience and expertise in federal or provincial budgeting.

  • Marginal note:Tenure

    (2) The Parliamentary Budget Officer holds office during good behaviour for a term of seven years but may be removed for cause by the Governor in Council on address of the Senate and House of Commons.

  • Marginal note:Reappointment

    (3) The Parliamentary Budget Officer may be reappointed for one or more terms of up to seven years each. However, the Parliamentary Budget Officer shall serve no more than 14 years in office in total.

  • Marginal note:Interim appointment

    (4) In the event of the absence or incapacity of the Parliamentary Budget Officer, or if that office is vacant, the Governor in Council may appoint any person to hold that office in the interim for a term not exceeding six months, and that person shall, while holding office, be paid the remuneration and expenses that may be fixed by the Governor in Council.

  • Marginal note:Remuneration and expenses

    (5) The Parliamentary Budget Officer shall be paid the remuneration and expenses fixed by the Governor in Council.

Marginal note:Deputy head
  • 79.11 (1) The Parliamentary Budget Officer has the rank of a deputy head of a department of the Goverment of Canada and has the control and management of the office of the Parliamentary Budget Officer.

  • Marginal note:Powers to contract

    (2) The Parliamentary Budget Officer may, in carrying out the work of the office of the Parliamentary Budget Officer, enter into contracts, memoranda of understanding or other arrangements.

  • Marginal note:Staff

    (3) The Parliamentary Budget Officer may employ any officers and employees and may engage the services of any agents and mandataries, advisers and consultants that the Parliamentary Budget Officer considers necessary for the proper conduct of the work of the office of the Parliamentary Budget Officer.

  • Marginal note:Technical assistance

    (4) The Parliamentary Budget Officer may engage on a temporary basis the services of persons having technical or specialized knowledge necessary for the proper conduct of the work of the office of the Parliamentary Budget Officer.

  • Marginal note:Authorization

    (5) The Parliamentary Budget Officer may, subject to the conditions that he or she sets, authorize any person to exercise any powers under subsections (2) to (4) on behalf of the Parliamentary Budget Officer that he or she may determine.

  • Marginal note:Salaries

    (6) The salaries of the officers and employees of the office of the Parliamentary Budget Officer shall be fixed according to the scale provided by law.

  • Marginal note:Payment

    (7) The salaries of the officers and employees of the office of the Parliamentary Budget Officer, and any casual expenses connected with the office, shall be paid out of moneys provided by Parliament for that purpose.

  • Marginal note:Estimate to be prepared

    (8) Before each fiscal year, the Parliamentary Budget Officer shall cause to be prepared an estimate of the sums that will be required to pay the charges and expenses of the office of the Parliamentary Budget Officer during the fiscal year.

  • Marginal note:Inclusion in government estimates

    (9) The estimate referred to in subsection (8) shall be considered by the Speaker of the Senate and the Speaker of the House of Commons and then transmitted to the President of the Treasury Board, who shall lay it before the House of Commons with the estimates of the government for the fiscal year.

Marginal note:Cooperation

79.12 The Parliamentary Budget Officer and the Parliamentary Librarian shall take all reasonable steps to cooperate with each other to avoid any unnecessary duplication of resources and services provided to parliamentary committees and members of the Senate and the House of Commons.

Marginal note:Annual work plan
  • 79.13 (1) Before each fiscal year, the Parliamentary Budget Officer shall prepare an annual work plan for that year that includes

    • (a) criteria for the allocation of resources to the various functions within the Parliamentary Budget Officer’s mandate;

    • (b) a list of matters of particular significance relating to the nation’s finances or economy that, in the Parliamentary Budget Officer’s opinion after consultation with the Speaker of the Senate and the Speaker of the House of Commons, should be brought to the attention of the Senate and the House of Commons during the year; and

    • (c) a statement of the manner in which the Parliamentary Budget Officer intends to prioritize requests for his or her services from parliamentary committees and members of the Senate and the House of Commons.

  • Marginal note:Annual work plan updated

    (2) The Parliamentary Budget Officer may update the annual work plan as required during the fiscal year.

  • Marginal note:Tabling of annual work plan

    (3) After the annual work plan has been provided to the Speaker of the Senate and the Speaker of the House of Commons, they shall each table it in the House over which he or she presides.

Marginal note:Mandate — Parliament not dissolved
  • 79.2 (1) During periods when Parliament is not dissolved, the Parliamentary Budget Officer

    • (a) may prepare reports containing the Parliamentary Budget Officer’s analysis of any of the following federal government documents:

      • (i) a budget tabled by or on behalf of the Minister of Finance,

      • (ii) an economic and fiscal update or statement issued by the Minister of Finance,

      • (iii) a fiscal sustainability report issued by the Minister of Finance,

      • (iv) the estimates of the government for a fiscal year;

    • (b) may prepare reports on matters of particular significance relating to the nation’s finances or economy that are listed in an annual work plan;

    • (c) shall, if requested to do so by any of the following committees, undertake research into and analysis of matters relating to the nation’s finances or economy:

      • (i) the Standing Committee on National Finance of the Senate or, if there is not a Standing Committee on National Finance, the appropriate committee of the Senate,

      • (ii) the Standing Committee on Finance of the House of Commons or, if there is not a Standing Committee on Finance, the appropriate committee of the House of Commons,

      • (iii) the Standing Committee on Public Accounts of the House of Commons or, if there is not a Standing Committee on Public Accounts, the appropriate committee of the House of Commons,

      • (iv) the Standing Committee on Government Operations and Estimates of the House of Commons or, if there is not a Standing Committee on Government Operations and Estimates, the appropriate committee of the House of Commons;

    • (d) shall, if requested to do so by a committee of the Senate or of the House of Commons, or a committee of both Houses, that is mandated to consider the estimates of the government, undertake research into and analysis of those estimates;

    • (e) shall, if requested to do so by a committee of the Senate or of the House of Commons, or a committee of both Houses, estimate the financial cost of any proposal that relates to a matter over which Parliament has jurisdiction; and

    • (f) shall, if requested to do so by a member of the Senate or of the House of Commons, estimate the financial cost of any proposal that relates to a matter over which Parliament has jurisdiction.

  • Marginal note:Reports to be tabled

    (2) The Parliamentary Budget Officer shall provide any report prepared under paragraph (1)(a) or (b) to the Speaker of the Senate and the Speaker of the House of Commons, who shall each table the report in the House over which he or she presides. The Parliamentary Budget Officer shall make the report available to the public one business day after the day on which the report is provided to the Speaker of the Senate and the Speaker of the House of Commons.

  • Marginal note:Request by committee

    (3) The Parliamentary Budget Officer shall provide a report containing the research and analysis or estimate requested by a committee under paragraph (1)(c), (d) or (e) to the chair of the committee that requested it. The Parliamentary Budget Officer shall make the report available to the public one business day after the day on which the report is provided to the chair of the committee that requested it.

  • Marginal note:Request by member

    (4) The Parliamentary Budget Officer shall provide a report containing the estimate requested under paragraph (1)(f) to the member of the Senate or of the House of Commons who requested it. The Parliamentary Budget Officer shall make the report available to the public one business day after the day on which the report is provided to the member.

  • Marginal note:If Parliament is dissolved

    (5) If Parliament is dissolved before a report is provided to the chair of the committee or to the member under subsection (3) or (4), the Parliamentary Budget Officer shall discontinue work on the request.

Marginal note:Mandate — general election
  • 79.21 (1) During the period described in subsection (2), the Parliamentary Budget Officer shall, at the request of an authorized representative or a member, estimate the financial cost of any election campaign proposal that the authorized representative’s party or the member is considering making.

  • Marginal note:Period

    (2) For the purposes of subsection (1), the period begins on the 120th day before the date fixed under section 56.1 or 56.2 of the Canada Elections Act and ends on the day before the date of the next general election. However, if Parliament is dissolved before that 120th day, the period begins on the day on which Parliament is dissolved and ends on the day before the date of the next general election.

  • Marginal note:Request

    (3) A request referred to in subsection (1) shall be made in writing and describe the proposal for which an estimate is requested, including relevant details and objectives.

  • Marginal note:Additional information

    (4) The Parliamentary Budget Officer may, in writing, request additional information from an authorized representative of the party on behalf of which an estimate was requested or from the member who made a request for an estimate.

  • Marginal note:Ministerial agreement

    (5) A minister who presides over a department within the meaning of paragraph (a) of the definition department in section 2 of the Financial Administration Act may, at the request of the Parliamentary Budget Officer, personally agree that his or her department will provide assistance to the Parliamentary Budget Officer in preparing estimates under subsection (1) during the period described in subsection (2).

  • Marginal note:Confidentiality

    (6) The Parliamentary Budget Officer shall not disclose to a minister any information related to a request for an estimate under subsection (3).

  • Marginal note:Ministerial involvement

    (7) A minister who, under subsection (5), agrees that his or her department will provide assistance shall

    • (a) instruct his or her deputy to make any arrangements that his or her deputy considers necessary for the provision of the assistance, including, at the deputy’s discretion, arrangements respecting the terms under which the assistance is to be provided; and

    • (b) abstain from any personal involvement in the provision of the assistance.

  • Marginal note:Confidentiality

    (8) If the Parliamentary Budget Officer makes a request to a deputy referred to in paragraph 7(a) for assistance in preparing an estimate under subsection (1), the Parliamentary Budget Officer shall not disclose to the deputy or any other person in the department the identity of the party on behalf of which the estimate was requested or the identity of the member who made the request for an estimate.

  • Marginal note:Confidentiality

    (9) Except for the purposes of subsection (10), information that is obtained or created in the provision of assistance referred to in subsection (8) shall not be disclosed to any person other than the Parliamentary Budget Officer.

  • Marginal note:Assistance of other departments

    (10) In order to provide assistance referred to in subsection (8), a person in a department may provide information to and obtain information from a person in another department if

    • (a) the other department is also a department within the meaning of paragraph (a) of the definition department in section 2 of the Financial Administration Act; and

    • (b) the minister who presides over the other department has also agreed to provide assistance under subsection (5).

  • Marginal note:Withdrawal of request

    (11) An authorized representative of the party on behalf of which the estimate was requested or the member who made the request may withdraw it, in writing, before a report containing the estimate is provided to an authorized representative or the member. If a request is withdrawn, the Parliamentary Budget Officer shall discontinue work on the request and shall not disclose the request or the estimate.

  • Marginal note:Report

    (12) The Parliamentary Budget Officer shall provide a report containing the estimate to an authorized representative of the party on behalf of which the estimate was requested or to the member who made the request.

  • Marginal note:Proposal publicly announced

    (13) An authorized representative of the party on behalf of which an estimate was requested or the member who made a request shall notify the Parliamentary Budget Officer, in writing, if the proposal for which the estimate is requested has been publicly announced.

  • Marginal note:Report made public

    (14) The Parliamentary Budget Officer shall make a report available to the public as soon as feasible after the report has been provided to the authorized representative or the member under subsection (12) and the Parliamentary Budget Officer has been notified that the policy proposal has been publicly announced. However, the Parliamentary Budget Officer shall not make the report available to the public on or after the date of the general election.

  • Marginal note:Estimate not completed

    (15) If, in the Parliamentary Budget Officer’s opinion, he or she does not have sufficient time or information to complete a requested estimate within the period described in subsection (2), the Parliamentary Budget Officer shall notify an authorized representative of the party on behalf of which the estimate was requested or the member who made the request, in writing, that he or she is discontinuing work on the estimate and that it will not be completed.

  • Marginal note:Publication of request and statement

    (16) If the Parliamentary Budget Officer discontinues work on a request under subsection (15) and the request is for an estimate of the financial cost of a proposal that has been publicly announced, the Parliamentary Budget Officer shall, before the end of the period described in subsection (2), publish the request and a statement of the reasons why the request could not be completed.

  • Marginal note:Definitions

    (17) The following definitions apply in this section.

    authorized representative

    authorized representative means the leader of a recognized party in the House of Commons on the day before the first day of the period described in subsection (2) or a person authorized in writing by the leader for the purposes of this section. (représentant autorisé)

    member

    member means a person who is a member of the House of Commons on the day before the first day of the period described in subsection (2) but who is not a member of a recognized party on that day. (membre)

Marginal note:Annual report

79.22 The Parliamentary Budget Officer shall, within three months after the end of each fiscal year, submit a report on his or her activities under sections 79.2 and 79.21 for that year to the Speaker of the Senate and the Speaker of the House of Commons, who shall each table the report in the House over which he or she presides. The Parliamentary Budget Officer shall not make the report available to the public before it has been tabled in either the Senate or the House of Commons.

Marginal note:Definitions

79.3 The following definitions apply in sections 79.4 to 79.5.

department

department has the same meaning as in any of paragraphs (a), (a.1) and (d) of the definition department in section 2 of the Financial Administration Act. (ministère)

head

head has the same meaning as in section 3 of the Access to Information Act. (responsable d’institution fédérale)

parent Crown corporation

parent Crown corporation has the same meaning as in subsection 83(1) of the Financial Administration Act. (société d’État mère)

Marginal note:Access to information
  • 79.4 (1) Except as provided by any other Act of Parliament that expressly refers to this subsection, the Parliamentary Budget Officer is entitled, by request made to the head of a department or of a parent Crown corporation, to free and timely access to any information under the control of the department or parent Crown corporation that is required for the performance of his or her mandate.

  • Marginal note:Exception

    (2) Subsection (1) does not apply in respect of any information

    • (a) the disclosure of which is restricted under section 19 of the Access to Information Act;

    • (b) that is protected by solicitor-client privilege or professional secrecy of advocates and notaries or by litigation privilege;

    • (c) the disclosure of which is restricted under any provision of any other Act of Parliament set out in Schedule II to the Access to Information Act; or

    • (d) that is a confidence of the Queen’s Privy Council for Canada as defined in subsection 39(2) of the Canada Evidence Act.

Marginal note:Refusal to provide access to information

79.41 If he or she refuses to provide access to information requested under subsection 79.4(1), the deputy minister of the department concerned or the person who occupies any other similar position for the federal institution or parent Crown corporation, as the case may be, shall provide the Parliamentary Budget Officer with a written justification for the refusal.

Marginal note:Notification

79.42 If the Parliamentary Budget Officer is of the opinion that he or she has not been provided with free or timely access to information requested under subsection 79.4(1), he or she may so notify the Speaker of the Senate and the Speaker of the House of Commons or any appropriate committee of the Senate, of the House of Commons or of both Houses of Parliament.

Marginal note:Confidentiality

79.5 The Parliamentary Budget Officer, and every person referred to in subsections 79.11(3) and (4), shall not disclose any information that comes to their knowledge under subsection 79.21(9) or section 79.4, unless the disclosure is essential for the performance of the Parliamentary Budget Officer’s mandate and, in the case of information referred to in subsection 79.21(9), the minister’s deputy has consented to the disclosure.

Marginal note:Review

79.501 A committee of the Senate, of the House of Commons or of both Houses of Parliament shall, five years after the day on which this section comes into force, undertake a review of sections 79.01 to 79.5.

 The definition parliamentary precinct in section 79.51 of the Act is amended by striking out “or” at the end of paragraph (c), by adding “or” at the end of paragraph (d) and by adding the following after paragraph (d):

  • (e) the Parliamentary Budget Officer. (Cité parlementaire)

 Form 3 in the schedule to the Act is replaced by the following:

FORM 3

I, , do solemnly swear (affirm) that I will faithfully, truly and to the best of my judgment, skill and ability execute and perform the duties required of me as a member of the Board of Internal Economy of the House of Commons. (If an oath is taken, add “So help me God”).

I further solemnly swear (affirm) that I will not, without the authority of the Board, communicate or allow to be communicated to any person any information or documents discussed in, or prepared for, a meeting of the Board that is held in camera. (If an oath is taken, add “So help me God”).

Transitional Provisions

Marginal note:Definitions
  •  (1) The following definitions apply in sections 132 to 156.

    commencement day

    commencement day means the day on which section 128 comes into force. (date de référence)

    new Parliamentary Budget Officer

    new Parliamentary Budget Officer means the Parliamentary Budget Officer appointed under subsection 79.1(1) of the Parliament of Canada Act as enacted by section 128. (nouveau directeur parlementaire du budget)

  • Marginal note:Terminology — Parliamentary Employment and Staff Relations Act

    (2) Unless the context requires otherwise, words and expressions used in sections 133 to 150 have the same meaning as in section 3 of the Parliamentary Employment and Staff Relations Act.

Marginal note:Parliamentary Budget Officer

 The person occupying the position of Parliamentary Budget Officer immediately before the commencement day is deemed to have been appointed under subsection 79.1(1) of the Parliament of Canada Act as enacted by section 128. Despite subsection 79.1(2) of that Act as enacted by section 128, that person’s term of office is equal to the remainder of the term for which he or she was appointed under subsection 79.1(2) of that Act as it read immediately before the commencement day.

Marginal note:Persons who occupy a position
  •  (1) Every person who occupies a position in the portion of the Library of Parliament that immediately before the commencement day supported the Parliamentary Budget Officer occupies on the commencement day their position in the office of the new Parliamentary Budget Officer.

  • Marginal note:No change in status

    (2) Nothing in subsection (1) is to be construed as affecting the status of any person who, immediately before the commencement day, occupies a position within the Library of Parliament, except that the person, beginning on that day, occupies their position in the office of the new Parliamentary Budget Officer.

Marginal note:Collective agreements or arbitral awards continued
  •  (1) Subject to sections 135 to 146, every collective agreement or arbitral award that applies to an employee who occupies a position in the portion of the Library of Parliament that immediately before the commencement day supported the Parliamentary Budget Officer and that is in force immediately before that day continues in force until its term expires.

  • Marginal note:Binding effect

    (2) A collective agreement or arbitral award continued in force under subsection (1) is binding on

    • (a) the office of the new Parliamentary Budget Officer, as if it were the employer referred to in the collective agreement or arbitral award;

    • (b) the bargaining agent that is a party to the collective agreement or arbitral award; and

    • (c) the employees of the office of the new Parliamentary Budget Officer in the bargaining unit in respect of which that bargaining agent has been certified.

  • Marginal note:Parties may amend

    (3) Nothing in subsections (1) and (2) prohibits the office of the new Parliamentary Budget Officer and the bargaining agent from amending any provision of a collective agreement continued in force under subsection (1), other than a provision relating to its term.

Marginal note:Application for certification

 Any employee organization may apply to the Board for certification as the bargaining agent for the employees bound by a collective agreement or arbitral award that is continued in force under subsection 134(1), but it may do so only during the period in which an application for certification is authorized to be made under section 21 of the Parliamentary Employment and Staff Relations Act in respect of those employees.

Marginal note:Power of Board
  •  (1) If a collective agreement or arbitral award is continued in force under subsection 134(1), the Board must, by order, on application by the office of the new Parliamentary Budget Officer or any bargaining agent affected by the establishment of the office of the new Parliamentary Budget Officer,

    • (a) determine whether the employees of the office of the new Parliamentary Budget Officer who are bound by the collective agreement or arbitral award constitute one or more units appropriate for collective bargaining;

    • (b) determine which employee organization is to be the bargaining agent for the employees in each such unit; and

    • (c) in respect of each collective agreement or arbitral award that binds employees of the office of the new Parliamentary Budget Officer, determine whether the collective agreement or arbitral award is to remain in force and, if it is to remain in force, determine whether it is to remain in force until the expiry of its term or until an earlier date that the Board may fix.

  • Marginal note:When application must be made

    (2) The application may be made only during the period beginning on the 120th day after the commencement day and ending on the 150th day after that day.

Marginal note:Application for leave to give notice to bargain collectively
  •  (1) Either of the parties to a collective agreement or arbitral award that remains in force by reason of an order made under paragraph 136(1)(c) may apply to the Board for an order granting leave to give to the other party, under section 37 of the Parliamentary Employment and Staff Relations Act, a notice to bargain collectively.

  • Marginal note:When application may be made

    (2) The application must be made within 90 days after the day on which the order is made under paragraph 136(1)(c).

Marginal note:No application within specified period
  •  (1) If no application for an order under subsection 136(1) is made within the period specified in subsection 136(2), the office of the new Parliamentary Budget Officer or any bargaining agent bound by a collective agreement or arbitral award that is continued in force under subsection 134(1) may apply to the Board for an order granting leave to give to the other party, under section 37 of the Parliamentary Employment and Staff Relations Act, a notice to bargain collectively.

  • Marginal note:When application may be made

    (2) The application may be made only during the period beginning on the 151st day after the commencement day and ending on the 240th day after that day.

Marginal note:Notice to bargain given before conversion

 A notice to bargain collectively that was given before the commencement day does not bind the office of the new Parliamentary Budget Officer and a new notice to bargain collectively may be given only in the circumstances set out in paragraph 141(b).

Marginal note:Duty to observe terms and conditions

 If a notice to bargain collectively is given before the commencement day, then, unless the office of the new Parliamentary Budget Officer and the bargaining agent agree otherwise, the terms and conditions of employment continued in force under section 39 of the Parliamentary Employment and Staff Relations Act are binding on the office of the new Parliamentary Budget Officer, the bargaining agent for the bargaining unit and the employees in the bargaining unit from the commencement day until

  • (a) the expiry of the 150th day following that day, if no application is made under paragraph 141(a); or

  • (b) if such an application is made, the day on which the notice referred to in paragraph 141(b) is given.

Marginal note:Application and notice to bargain collectively

 If a notice to bargain collectively is given before the commencement day,

  • (a) on application by the office of the new Parliamentary Budget Officer or by the bargaining agent, made during the period beginning on the 120th day after the commencement day and ending on the 150th day after that day, the Board must make an order determining

    • (i) whether the employees of the office of the new Parliamentary Budget Officer who are represented by the bargaining agent constitute one or more units appropriate for collective bargaining, and

    • (ii) which employee organization is to be the bargaining agent for the employees in each such unit; and

  • (b) if the Board makes the determinations under paragraph (a), the office of the new Parliamentary Budget Officer or the bargaining agent may, by notice given under section 37 of the Parliamentary Employment and Staff Relations Act, require the other to commence collective bargaining for the purpose of entering into a collective agreement.

Marginal note:Inquiry and votes

 Before making an order under subsection 136(1) or paragraph 141(a), the Board may make any inquiry or direct that a representation vote be taken among the employees to be affected by the order.

Marginal note:Consideration of classification
  •  (1) For the purposes of paragraphs 136(1)(a) and 141(a), in determining whether a group of employees constitutes a unit appropriate for collective bargaining, the Board must have regard to the office of the new Parliamentary Budget Officer’s classification of persons and positions, including the occupational groups or subgroups established by it.

  • Marginal note:Unit co-extensive with occupational groups

    (2) The Board must establish bargaining units that are co-extensive with the occupational groups or subgroups established by the office of the new Parliamentary Budget Officer, unless doing so would not permit satisfactory representation of the employees to be included in a particular bargaining unit and, for that reason, such a unit would not be appropriate for collective bargaining.

Marginal note:Determination of questions of membership in bargaining units

 On application by the office of the new Parliamentary Budget Officer or the employee organization affected by the establishment of that office, the Board must determine every question that arises as to whether any employee or class of employees is included in a bargaining unit determined by the Board under paragraph 136(1)(a) or 141(a) to constitute a unit appropriate for collective bargaining, or is included in any other unit.

Marginal note:Employer participation
  •  (1) The Board is not authorized to determine that an employee organization is to be a bargaining agent under paragraph 136(1)(b) or 141(a) if it is of the opinion that the office of the new Parliamentary Budget Officer, or a person acting on behalf of that office, has participated or is participating in the formation or administration of the employee organization in a manner that impairs its fitness to represent the interests of the employees in the bargaining unit.

  • Marginal note:Discrimination

    (2) The Board is not authorized to determine that an employee organization is to be a bargaining agent under paragraph 136(1)(b) or 141(a) if it discriminates against any employee on a prohibited ground of discrimination within the meaning of the Canadian Human Rights Act.

Marginal note:Application of Parliamentary Employment and Staff Relations Act
  •  (1) The provisions of Part I of the Parliamentary Employment and Staff Relations Act, and any rules or regulations made under that Act, apply to, or in respect of, the following and any matter related to the following:

    • (a) an application made to the Board under any of sections 135 to 138, 141 and 144;

    • (b) an order made by the Board under any of sections 136 to 138 and 141;

    • (c) a determination of the Board made under any of sections 136, 141 and 144 and a bargaining unit, bargaining agent or employee or class of employees that is the subject of such a determination;

    • (d) a collective agreement or arbitral award that is continued in force under subsection 134(1); and

    • (e) collective bargaining that is commenced after the receipt of a notice referred to in section 137 or 138 or paragraph 141(b) and a collective agreement that is entered into following such collective bargaining.

  • Marginal note:Powers, duties and functions of Board

    (2) The Board has, for the purposes of performing its duties and functions under any of sections 135 to 145, the powers conferred on it under Part I of the Parliamentary Employment and Staff Relations Act, and it must perform the duties and functions imposed on it under that Part in respect of those powers.

  • Marginal note:Inconsistency

    (3) In the event of any inconsistency between sections 134 to 145 and the provisions of Part I of the Parliamentary Employment and Staff Relations Act, or anything issued, made or established under that Act, those sections prevail to the extent of the inconsistency.

Marginal note:Persons not represented

 The terms and conditions of employment of persons who are not represented by a bargaining agent or who are excluded from a bargaining unit and who, on the commencement day, occupy their position within the office of the new Parliamentary Budget Officer continue to apply until new terms and conditions of employment for those persons are established.

Marginal note:Complaints

 The provisions of Division I of Part I of the Parliamentary Employment and Staff Relations Act and any rules or regulations made under that Act, as they read immediately before the commencement day, continue to apply in respect of any complaint made under that Division before that day that relates to the portion of the Library of Parliament that supported the Parliamentary Budget Officer.

Marginal note:Grievances
  •  (1) The provisions of Division IV of Part I of the Parliamentary Employment and Staff Relations Act and any rules or regulations made under that Act, as they read immediately before the commencement day, continue to apply in respect of any grievance presented under that Division before that day by an employee of the Library of Parliament occupying a position in the portion of the Library of Parliament that supported the Parliamentary Budget Officer.

  • Marginal note:Implementation of decision

    (2) A final decision with respect to a grievance referred to in subsection (1) that provides for the reinstatement of an employee or the payment of money to an employee must be implemented by the office of the new Parliamentary Budget Officer as soon as feasible.

Marginal note:Matter referred to Board

 The provisions of Division IV of Part I of the Parliamentary Employment and Staff Relations Act and any rules or regulations made under that Act, as they read immediately before the commencement day, continue to apply in respect of any matter referred to the Board under that Division before that day that relates to the portion of the Library of Parliament that supported the Parliamentary Budget Officer.

Marginal note:References — Parliamentary Budget Officer

 Every reference to the Parliamentary Budget Officer in any deed, contract, agreement, arrangement or other similar document is, beginning on the commencement day, to be read as a reference to the new Parliamentary Budget Officer unless the context requires otherwise.

Marginal note:Commencement of legal or administrative proceedings

 Every action, suit or other legal or administrative proceeding in respect of an obligation or liability incurred in relation to the portion of the Library of Parliament that supported the Parliamentary Budget Officer may, beginning on the commencement day, be brought against the new Parliamentary Budget Officer.

Marginal note:Continuation of legal or administrative proceedings

 Any action, suit or other legal or administrative proceeding to which the Parliamentary Budget Officer is a party that is pending on the commencement day may be continued by or against the new Parliamentary Budget Officer in the same manner and to the same extent as it could have been continued by or against the Parliamentary Budget Officer.

Marginal note:Transfer of appropriation

 Any amount that is appropriated by an Act of Parliament for the fiscal year in which section 128 comes into force to defray the expenditures of the Library of Parliament in relation to the Parliamentary Budget Officer and that is unexpended on the commencement day is deemed to be an amount appropriated to defray the expenditures of the office of the new Parliamentary Budget Officer.

Marginal note:Transfer of data

 All information that, immediately before the commencement day, is in the possession or under the control of the Parliamentary Budget Officer and that relates to the exercise or performance of his or her powers, duties and functions under the Parliament of Canada Act is, as of that day, under the control of the new Parliamentary Budget Officer.

Marginal note:Completion of work

 The new Parliamentary Budget Officer may complete any work that was started before the commencement day by the Parliamentary Budget Officer under section 79.2 of the Parliament of Canada Act as it read immediately before that day.

Consequential Amendments

R.S., c. A-1Access to Information Act

 Schedule II to the Access to Information Act is amended by adding, in alphabetical order, a reference to

  • Parliament of Canada Act

    Loi sur le Parlement du Canada

and a corresponding reference to “subsection 79.21(9)”.

R.S., c. C-10Canada Post Corporation Act

 Subsection 35(2) of the Canada Post Corporation Act is amended by striking out “or” at the end of paragraph (d), by adding “or” at the end of paragraph (e) and by adding the following after paragraph (e):

  • (f) the Parliamentary Budget Officer

R.S., c. F-7; 2002, c. 8, s. 14Federal Courts Act

 Subsection 2(2) of the Federal Courts Act is replaced by the following:

  • Marginal note:Senate and House of Commons

    (2) For greater certainty, the expression federal board, commission or other tribunal, as defined in subsection (1), does not include the Senate, the House of Commons, any committee or member of either House, the Senate Ethics Officer, the Conflict of Interest and Ethics Commissioner with respect to the exercise of the jurisdiction or powers referred to in sections 41.1 to 41.5 and 86 of the Parliament of Canada Act, the Parliamentary Protective Service or the Parliamentary Budget Officer.

  • Marginal note:Deeming

    (3) Despite subsection (2), the Parliamentary Budget Officer is deemed to be a federal board, commission or other tribunal for the purpose of subsection 18.3(1).

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

  •  (1) Paragraph (c) of the definition appropriate Minister in section 2 of the Financial Administration Act is replaced by the following:

    • (c) with respect to the Senate and the office of the Senate Ethics Officer, the Speaker of the Senate, with respect to the House of Commons, the Board of Internal Economy, with respect to the office of the Conflict of Interest and Ethics Commissioner, the Speaker of the House of Commons, and with respect to the Library of Parliament, the Parliamentary Protective Service and the office of the Parliamentary Budget Officer, the Speakers of the Senate and the House of Commons,

  • (2) Paragraph (c) of the definition department in section 2 of the Act is replaced by the following:

    • (c) the staffs of the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner, Parliamentary Protective Service and office of the Parliamentary Budget Officer, and

R.S., c. G-2Garnishment, Attachment and Pension Diversion Act

 The heading of Division IV of Part 1 of the Garnishment, Attachment and Pension Diversion Act is replaced by the following:

Senate, House of Commons, Library of Parliament, Office of the Senate Ethics Officer, Office of the Conflict of Interest and Ethics Commissioner, Parliamentary Protective Service and Office of the Parliamentary Budget Officer

 The portion of paragraph (b) of the definition salary in section 16 of the Act before subparagraph (i) is replaced by the following:

  • (b) in the case of the staff of the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner, Parliamentary Protective Service or office of the Parliamentary Budget Officer or the staff of members of the Senate or House of Commons, or in the case of any other person paid out of moneys appropriated by Parliament for use by the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner, Parliamentary Protective Service or office of the Parliamentary Budget Officer,

 The portion of section 17 of the Act before paragraph (a) is replaced by the following:

Marginal note:Garnishment of salaries, remuneration

17 The Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner, Parliamentary Protective Service and office of the Parliamentary Budget Officer are, subject to this Division and any regulation made under it, bound by provincial garnishment law in respect of

  •  (1) Subsection 18(1) of the Act is replaced by the following:

    Marginal note:Service binding
    • 18 (1) Subject to this Division, service on the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner, Parliamentary Protective Service or office of the Parliamentary Budget Officer of a garnishee summons, together with a copy of the judgment or order against the debtor and an application in the prescribed form, binds the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner, Parliamentary Protective Service or office of the Parliamentary Budget Officer, as the case may be, 15 days after the day on which those documents are served.

  • (2) Subsection 18(2) of the English version of the Act is replaced by the following:

    • Marginal note:When service is effective

      (2) A garnishee summons served on the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner, Parliamentary Protective Service or office of the Parliamentary Budget Officer is of no effect unless it is served on the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner, Parliamentary Protective Service or office of the Parliamentary Budget Officer, as the case may be, in the first 30 days following the first day on which it could have been validly served on the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner, Parliamentary Protective Service or office of the Parliamentary Budget Officer, as the case may be.

  •  (1) Subsection 19(1) of the Act is replaced by the following:

    Marginal note:Place of service
    • 19 (1) Service of documents on the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner, Parliamentary Protective Service or office of the Parliamentary Budget Officer in connection with garnishment proceedings permitted by this Division must be effected at the place specified in the regulations.

  • (2) Subsection 19(2) of the English version of the Act is replaced by the following:

    • Marginal note:Method of service

      (2) In addition to any method of service permitted by the law of a province, service of documents on the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Office, office of the Conflict of Interest and Ethics Commissioner, Parliamentary Protective Service or office of the Parliamentary Budget Officer under subsection (1) may be effected by registered mail, whether within or outside the province, or by any other method prescribed.

  • (3) Subsection 19(3) of the Act is replaced by the following:

    • Marginal note:If service by registered mail

      (3) If service of a document on the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner, Parliamentary Protective Service or office of the Parliamentary Budget Officer is effected by registered mail, the document shall be deemed to be served on the day of its receipt by the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner, Parliamentary Protective Service or office of the Parliamentary Budget Officer, as the case may be.

  •  (1) The portion of section 21 of the French version of the Act before paragraph (a) is replaced by the following:

    Marginal note:Sommes frappées d’indisponibilité par la signification du bref de saisie-arrêt

    21 Pour les besoins de toute procédure de saisie-arrêt prévue par la présente section, la signification au Sénat, à la Chambre des communes, à la bibliothèque du Parlement, au bureau du conseiller sénatorial en éthique, au bureau du commissaire aux conflits d’intérêts et à l’éthique, au Service de protection parlementaire ou au bureau du directeur parlementaire du budget du bref de saisie-arrêt frappe d’indisponibilité les sommes suivantes dont l’un ou l’autre est redevable envers le débiteur mentionné dans le bref :

  • (2) Subparagraph 21(a)(i) of the English version of the Act is replaced by the following:

    • (i) the salary to be paid on the last day of the second pay period next following the pay period in which the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner, Parliamentary Protective Service or office of the Parliamentary Budget Officer, as the case may be, is bound by the garnishee summons, and

  • (3) Paragraph 21(b) of the English version of the Act is replaced by the following:

    • (b) in the case of remuneration described in paragraph 17(b),

      • (i) the remuneration payable on the 15th day following the day on which the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner, Parliamentary Protective Service or office of the Parliamentary Budget Officer, as the case may be, is bound by the garnishee summons, and

      • (ii) either

        • (A) any remuneration becoming payable in the 30 days following the 15th day after the day on which the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner, Parliamentary Protective Service or office of the Parliamentary Budget Officer, as the case may be, is bound by the garnishee summons that is owing on that 15th day or that becomes owing in the 14 days following that 15th day, or

        • (B) if the garnishee summons has continuing effect under the law of the province, any remuneration becoming payable subsequent to the 15th day after the day on which the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner, Parliamentary Protective Service or office of the Parliamentary Budget Officer, as the case may be, is bound by the garnishee summons.

  •  (1) The portion of section 22 of the Act before paragraph (a) is replaced by the following:

    Marginal note:Time period to respond to garnishee summons

    22 The Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner, Parliamentary Protective Service or office of the Parliamentary Budget Officer has the following time period within which to respond to a garnishee summons:

  • (2) Paragraph 22(a) of the English version of the Act is replaced by the following:

    • (a) in the case of a salary, 15 days, or any lesser number of days that is prescribed, after the last day of the second pay period next following the pay period in which the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner, Parliamentary Protective Service or office of the Parliamentary Budget Officer is bound by the garnishee summons; or

  •  (1) Subsection 23(1) of the Act is replaced by the following:

    Marginal note:Method of response
    • 23 (1) In addition to any method of responding to a garnishee summons permitted by provincial garnishment law, the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner, Parliamentary Protective Service or office of the Parliamentary Budget Officer may respond to a garnishee summons by registered mail or by any other method prescribed.

  • (2) Subsection 23(2) of the English version of the Act is replaced by the following:

    • Marginal note:Response by registered mail

      (2) If the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner, Parliamentary Protective Service or office of the Parliamentary Budget Officer responds to a garnishee summons by registered mail, the receipt issued in accordance with regulations relating to registered mail made under the Canada Post Corporation Act shall be received in evidence and is, unless the contrary is shown, proof that the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner, Parliamentary Protective Service or office of the Parliamentary Budget Officer, as the case may be, has responded to the garnishee summons.

  • (3) Subsections 23(3) and (4) of the Act are replaced by the following:

    • Marginal note:Effect of payment into court

      (3) A payment into court by the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner, Parliamentary Protective Service or office of the Parliamentary Budget Officer under this section is a good and sufficient discharge of liability, to the extent of the payment.

    • Marginal note:Recovery of overpayment to debtor

      (4) If, in honouring a garnishee summons, the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner, Parliamentary Protective Service or office of the Parliamentary Budget Officer, through error, pays to a debtor by way of salary or remuneration an amount in excess of the amount that it should have paid to that debtor, the excess becomes a debt due to the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner, Parliamentary Protective Service or office of the Parliamentary Budget Officer, as the case may be, by that debtor and may be recovered from the debtor at any time by set-off against future moneys payable to the debtor as salary or remuneration.

 Paragraph 24(a) of the Act is replaced by the following:

  • (a) specifying the place where service of documents on the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner, Parliamentary Protective Service or office of the Parliamentary Budget Officer must be effected in connection with garnishment proceedings permitted by this Division;

 Section 26 of the Act is replaced by the following:

Marginal note:No execution

26 No execution shall issue on a judgment given against the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner, Parliamentary Protective Service or office of the Parliamentary Budget Officer in garnishment proceedings permitted by this Part.

R.S., c. G-5Government Employees Compensation Act

 Paragraph (e) of the definition employee in section 2 of the Government Employees Compensation Act is replaced by the following:

  • (e) any officer or employee of the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner, Parliamentary Protective Service or office of the Parliamentary Budget Officer; (agents de l’État)

R.S., c. P-36Public Service Superannuation Act

 The definition public service in subsection 3(1) of the Public Service Superannuation Act is replaced by the following:

public service

public service means the several positions in or under any department or portion of the executive government of Canada, except those portions of departments or portions of the executive government of Canada prescribed by the regulations and, for the purposes of this Part, of the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner, Parliamentary Protective Service and office of the Parliamentary Budget Officer and any board, commission, corporation or portion of the federal public administration specified in Schedule I; (fonction publique)

R.S., c. R-2; 1989, c. 17, s. 2Radiocommunication Act

  •  (1) Subsection 3(1) of the Radiocommunication Act is replaced by the following:

    Marginal note:Application to Her Majesty and Parliament
    • 3 (1) Subject to subsection (2), this Act is binding on Her Majesty in right of Canada, on the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner, Parliamentary Protective Service and office of the Parliamentary Budget Officer and on Her Majesty in right of a province.

  • (2) The portion of subsection 3(2) of the Act before paragraph (a) is replaced by the following:

    • Marginal note:Exemptions

      (2) The Governor in Council may by order exempt Her Majesty in right of Canada, or the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner, Parliamentary Protective Service or office of the Parliamentary Budget Officer, as represented by the person or persons named in the order, from any or all provisions of this Act or the regulations, and such an exemption may be

R.S., c. R-10Royal Canadian Mounted Police Act

 Subsection 45.47(5) of the Royal Canadian Mounted Police Act is replaced by the following:

R.S., c. 33 (2nd Supp.)Parliamentary Employment and Staff Relations Act

 The long title of the Parliamentary Employment and Staff Relations Act is replaced by the following:

An Act respecting employment and employer and employee relations in the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner, Parliamentary Protective Service and office of the Parliamentary Budget Officer

 Paragraph 2(a) of the Act is replaced by the following:

  • Marginal note:

    (a) the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner, Parliamentary Protective Service or office of the Parliamentary Budget Officer, and

 The definition employer in section 3 of the Act is amended by striking out “or” at the end of paragraph (e), by adding “or” at the end of paragraph (f) and by adding the following after paragraph (f):

  • (g) the office of the Parliamentary Budget Officer as represented by the Parliamentary Budget Officer; (employeur)

 The definition employer in section 85 of the Act is amended by striking out “or” at the end of paragraph (c.3) and by adding the following after that paragraph:

  • (c.4) the office of the Parliamentary Budget Officer as represented by the Parliamentary Budget Officer; or

R.S., c. 15 (4th Supp.)Non-smokers’ Health Act

 Paragraph (c) of the definition employer in subsection 2(1) of the Non-smokers’ Health Act is replaced by the following:

  • (c) the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner, Parliamentary Protective Service or office of the Parliamentary Budget Officer, in relation to their employees or the employees of a committee of the Senate or House of Commons, as the case may be, or

R.S., c. 31 (4th Supp.)Official Languages Act

 The definition federal institution in subsection 3(1) of the Official Languages Act is amended by adding the following after paragraph (c.2):

  • (c.3) the office of the Parliamentary Budget Officer,

 Section 33 of the Act is replaced by the following:

Marginal note:Regulations

33 The Governor in Council may make any regulations that the Governor in Council considers necessary to foster actively communications with and services from offices or facilities of federal institutions — other than the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner, Parliamentary Protective Service or office of the Parliamentary Budget Officer — in both official languages, if those communications and services are required under this Part to be provided in both official languages.

  •  (1) The portion of subsection 38(1) of the Act before paragraph (a) is replaced by the following:

    Marginal note:Regulations
    • 38 (1) The Governor in Council may make regulations in respect of federal institutions, other than the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner, Parliamentary Protective Service or office of the Parliamentary Budget Officer,

  • (2) Paragraph 38(2)(b) of the English version of the Act is replaced by the following:

    • (b) substituting, with respect to any federal institution other than the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner, Parliamentary Protective Service or office of the Parliamentary Budget Officer, a duty in relation to the use of the official languages of Canada in place of a duty under section 36 or the regulations made under subsection (1), having regard to the equality of status of both official languages, if there is a demonstrable conflict between the duty under section 36 or the regulations and the mandate of the institution.

 Subsection 41(3) of the Act is replaced by the following:

  • Marginal note:Regulations

    (3) The Governor in Council may make regulations in respect of federal institutions, other than the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner, Parliamentary Protective Service or office of the Parliamentary Budget Officer, prescribing the manner in which any duties of those institutions under this Part are to be carried out.

 Subsection 46(1) of the Act is replaced by the following:

Marginal note:Responsibilities of Treasury Board
  • 46 (1) The Treasury Board has responsibility for the general direction and coordination of the policies and programs of the Government of Canada relating to the implementation of Parts IV, V and VI in all federal institutions other than the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner, Parliamentary Protective Service and office of the Parliamentary Budget Officer.

 Paragraph 93(a) of the Act is replaced by the following:

  • (a) prescribing anything that the Governor in Council considers necessary to effect compliance with this Act in the conduct of the affairs of federal institutions other than the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner, Parliamentary Protective Service or office of the Parliamentary Budget Officer; and

1991, c. 30Public Sector Compensation Act

 Paragraph 3(1)(c) of the Public Sector Compensation Act is replaced by the following:

  • (c) the Senate, House of Commons, Library of Parliament, Parliamentary Protective Service or office of the Parliamentary Budget Officer.

2003, c. 22, ss. 12 and 13Public Service Employment Act

 The portion of section 35.3 of the Public Service Employment Act before paragraph (a) is replaced by the following:

Marginal note:Parliamentary employees

35.3 A person employed in the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner, Parliamentary Protective Service or office of the Parliamentary Budget Officer

2006, c. 9, s. 2Conflict of Interest Act

  •  (1) The definition public office holder in subsection 2(1) of the Conflict of Interest Act is amended by adding the following after paragraph (d):

    • (d.01) the Parliamentary Budget Officer;

  • (2) The definition reporting public office holder in subsection 2(1) of the Act is amended by striking out “or” at the end of paragraph (e) and by adding the following after that paragraph:

    • (e.1) the Parliamentary Budget Officer; or

 Subsection 24(2) of the Act is amended by striking out “and” at the end of paragraph (c) and by adding the following after that paragraph:

  • (c.1) in the case of the Parliamentary Budget Officer, to the Speakers of the Senate and the House of Commons; and

2009, c. 2, s. 393Expenditure Restraint Act

 Paragraph 13(1)(c) of the Expenditure Restraint Act is replaced by the following:

  • (c) the Senate, the House of Commons, the Library of Parliament, the office of the Senate Ethics Officer, the office of the Conflict of Interest and Ethics Commissioner, the Parliamentary Protective Service and the office of the Parliamentary Budget Officer.

2013, c. 36Language Skills Act

 Section 2 of the Language Skills Act is amended by adding the following after paragraph (j):

Coming into Force

Marginal note:Order in council

 Sections 126 to 129 and 131 to 190 come into force on a day to be fixed by order of the Governor in Council.

DIVISION 8R.S., c. 28 (1st Supp.)Investment Canada Act

Amendments to the Act

 Paragraphs 14.1(1)(a) to (d) of the Investment Canada Act are replaced by the following:

  • (d) for an investment implemented at any time in the period that begins on the day on which this paragraph comes into force and that ends on December 31 of the following year, $1,000,000,000; and

 Section 38.1 of the Act is replaced by the following:

Marginal note:Annual report

38.1 The Director shall, for each fiscal year, submit a report on the administration of this Act to the Minister and the Minister shall make the report available to the public.

Transitional Provision

Marginal note:Application for review — subsection 14.1(1)

 Any application that is filed under section 17 of the Investment Canada Act before the day on which paragraph 14.1(1)(d) of that Act, as enacted by section 192 of this Act, comes into force and in respect of which the Minister of Industry has not made a decision before that day is deemed never to have been filed if

  • (a) the investment to which the application relates would have been subject to subsection 14.1(1) of that Act, had the application been filed on that day; and

  • (b) the enterprise value of the assets to which the application relates is less than the amount referred to in paragraph 14.1(1)(d) of that Act, as enacted by section 192 of this Act.

DIVISION 9Funding for Home Care Services and Mental Health Services

Marginal note:Payment to provinces — fiscal year 2017–2018
  •  (1) For the fiscal year beginning on April 1, 2017, the Minister of Finance must pay to a province the amounts determined in accordance with subsections (2) and (3) for the purposes of assisting the province to provide home care services and mental health services if, no later than March 30, 2018, the Minister of Health notifies the Minister of Finance in writing that, in his or her opinion, the government of the province, before December 15, 2017, has accepted the federal proposal to strengthen health care for Canadians made on December 19, 2016.

  • Marginal note:Amount — home care services

    (2) The amount to be paid for the purposes of assisting a province to provide home care services is the amount determined in accordance with the formula

    A × (B/C)

    where

    A
    is $200 million;
    B
    is the population of the province, according to the official estimate of the population of the province on July 1, 2016 published by Statistics Canada on September 28, 2016; and
    C
    is the total of the population of all provinces, according to the official estimate of the population of all provinces on July 1, 2016 published by Statistics Canada on September 28, 2016.
  • Marginal note:Amount — mental health services

    (3) The amount to be paid for the purposes of assisting a province to provide mental health services is the amount determined in accordance with the formula

    A × (B/C)

    where

    A
    is $100 million;
    B
    is the population of the province, according to the official estimate of the population of the province on July 1, 2016 published by Statistics Canada on September 28, 2016; and
    C
    is the total of the population of all provinces, according to the official estimate of the population of all provinces on July 1, 2016 published by Statistics Canada on September 28, 2016.
  • Marginal note:Payments out of C.R.F

    (4) Any amount to be paid under this section is to be paid out of the Consolidated Revenue Fund.

DIVISION 10R.S., c. J-1Judges Act

Amendments to the Act

 Paragraphs 9(a) and (b) of the Judges Act are replaced by the following:

  • (a) the Chief Justice of Canada, $403,800; and

  • (b) the eight puisne judges, $373,900 each.

 Paragraphs 10(a) to (d) of the Act are replaced by the following:

  • (a) the Chief Justice of the Federal Court of Appeal, $344,400;

  • (b) the other judges of the Federal Court of Appeal, $314,100 each;

  • (c) the Chief Justice of the Federal Court, $344,400; and

  • (d) the other judges of the Federal Court, $314,100 each.

 Section 10.1 of the Act is replaced by the following:

Marginal note:Federal Court prothonotaries

10.1 The yearly salaries of the prothonotaries of the Federal Court shall be 80% of the yearly salaries, calculated in accordance with section 25, of the judges referred to in paragraph 10(d).

Marginal note:Court Martial Appeal Court

10.2 The yearly salary of the Chief Justice of the Court Martial Appeal Court of Canada shall be $344,400.

 Paragraphs 11(a) to (c) of the Act are replaced by the following:

  • (a) the Chief Justice, $344,400;

  • (b) the Associate Chief Justice, $344,400; and

  • (c) the other judges, $314,100 each.

 Paragraphs 12(a) to (d) of the Act are replaced by the following:

  • (a) the Chief Justice and the Associate Chief Justice of Ontario, $344,400 each;

  • (b) the 14 Justices of Appeal, $314,100 each;

  • (c) the Chief Justice and the Associate Chief Justice of the Superior Court of Justice, $344,400 each; and

  • (d) the 192 other judges of the Superior Court of Justice, $314,100 each.

 Paragraphs 13(a) to (d) of the Act are replaced by the following:

  • (a) the Chief Justice of Quebec, $344,400;

  • (b) the 18 puisne judges of the Court of Appeal, $314,100 each;

  • (c) the Chief Justice, the Senior Associate Chief Justice and the Associate Chief Justice of the Superior Court, $344,400 each; and

  • (d) the 144 puisne judges of the Superior Court, $314,100 each.

 Paragraphs 14(a) to (d) of the Act are replaced by the following:

  • (a) the Chief Justice of Nova Scotia, $344,400;

  • (b) the seven other judges of the Court of Appeal, $314,100 each;

  • (c) the Chief Justice and the Associate Chief Justice of the Supreme Court, $344,400 each; and

  • (d) the 23 other judges of the Supreme Court, $314,100 each.

 Paragraphs 15(a) to (d) of the Act are replaced by the following:

  • (a) the Chief Justice of New Brunswick, $344,400;

  • (b) the five other judges of the Court of Appeal, $314,100 each;

  • (c) the Chief Justice of the Court of Queen’s Bench, $344,400; and

  • (d) the 21 other judges of the Court of Queen’s Bench, $314,100 each.

 Paragraphs 16(a) to (d) of the Act are replaced by the following:

  • (a) the Chief Justice of Manitoba, $344,400;

  • (b) the six Judges of Appeal, $314,100 each;

  • (c) the Chief Justice, the Senior Associate Chief Justice and the Associate Chief Justice of the Court of Queen’s Bench, $344,400 each; and

  • (d) the 31 puisne judges of the Court of Queen’s Bench, $314,100 each.

 Paragraphs 17(a) to (d) of the Act are replaced by the following:

  • (a) the Chief Justice of British Columbia, $344,400;

  • (b) the 12 Justices of Appeal, $314,100 each;

  • (c) the Chief Justice and the Associate Chief Justice of the Supreme Court, $344,400 each; and

  • (d) the 81 other judges of the Supreme Court, $314,100 each.

 Paragraphs 18(a) to (d) of the Act are replaced by the following:

  • (a) the Chief Justice of Prince Edward Island, $344,400;

  • (b) the two other judges of the Court of Appeal, $314,100 each;

  • (c) the Chief Justice of the Supreme Court, $344,400; and

  • (d) the three other judges of the Supreme Court, $314,100 each.

 Paragraphs 19(a) to (d) of the Act are replaced by the following:

  • (a) the Chief Justice of Saskatchewan, $344,400;

  • (b) the six Judges of Appeal, $314,100 each;

  • (c) the Chief Justice of the Court of Queen’s Bench, $344,400; and

  • (d) the 29 other judges of the Court of Queen’s Bench, $314,100 each.

 Paragraphs 20(a) to (d) of the Act are replaced by the following:

  • (a) the Chief Justice of Alberta, $344,400;

  • (b) the 10 Justices of Appeal, $314,100 each;

  • (c) the Chief Justice and the Associate Chief Justice of the Court of Queen’s Bench, $344,400 each; and

  • (d) the 68 other Justices of the Court of Queen’s Bench, $314,100 each.

 Paragraphs 21(a) to (d) of the Act are replaced by the following:

  • (a) the Chief Justice of Newfoundland and Labrador, $344,400;

  • (b) the five Judges of Appeal, $314,100 each;

  • (c) the Chief Justice of the Trial Division, $344,400; and

  • (d) the 18 other judges of the Trial Division, $314,100 each.

  •  (1) Paragraphs 22(1)(a) and (b) of the Act are replaced by the following:

    • (a) the senior judge, $344,400; and

    • (b) the two other judges, $314,100 each.

  • (2) Paragraphs 22(2)(a) and (b) of the Act are replaced by the following:

    • (a) the senior judge, $344,400; and

    • (b) the two other judges, $314,100 each.

  • (3) Paragraphs 22(2.1)(a) and (b) of the Act are replaced by the following:

    • (a) the senior judge, $344,400; and

    • (b) the four other judges, $314,100 each.

 Paragraphs 24(3)(a) and (b) of the Act are replaced by the following:

  • (a) 16, in the case of judges appointed to appeal courts in the provinces; and

  • (b) 62, in the case of judges appointed to superior courts in the provinces other than appeal courts.

  •  (1) Subsection 25(1) of the Act is replaced by the following:

    Marginal note:Annual adjustment of salary
    • 25 (1) The yearly salaries referred to in sections 9 to 22 apply in respect of the twelve-month period beginning on April 1, 2016.

  • (2) The portion of subsection 25(2) of the Act before paragraph (a) is replaced by the following:

    • Marginal note:Annual adjustment of salary

      (2) The salary annexed to an office of judge referred to in sections 9, 10 and 10.2 to 22 for the twelve-month period beginning on April 1, 2017, and for each subsequent twelve-month period, shall be the amount obtained by multiplying

 Subsection 26(2) of the Act is replaced by the following:

  • Marginal note:Quadrennial inquiry

    (2) The Commission shall commence an inquiry on June 1, 2020, and on June 1 of every fourth year after 2020, and shall submit a report containing its recommendations to the Minister of Justice of Canada within nine months after the date of commencement.

 The Act is amended by adding the following after section 26.1:

Marginal note:Definition of judiciary

26.11 In sections 26 and 26.1, judiciary includes the prothonotaries of the Federal Court.

 Section 26.4 of the Act is replaced by the following:

Marginal note:Costs payable to representative of prothonotaries
  • 26.4 (1) The Commission may identify one representative of the prothonotaries of the Federal Court participating in an inquiry of the Commission to whom costs shall be paid in accordance with this section.

  • Marginal note:Entitlement to payment of costs

    (2) The representative identified under subsection (1) is entitled to be paid, out of the Consolidated Revenue Fund, 95% of the costs determined under subsection (3) in respect of his or her participation.

  • Marginal note:Determination of costs

    (3) An assessment officer of the Federal Court, other than a judge or a prothonotary, shall determine the amount of costs, on a solicitor-and-client basis, in accordance with the Federal Courts Rules.

  • Marginal note:Application

    (4) This section applies to costs incurred as of April 1, 2015 in relation to participation in any inquiry of the Commission.

  •  (1) Section 27 of the Act is amended by adding the following after subsection (1):

    • Marginal note:Allowance for incidental expenditures by prothonotaries

      (1.1) On and after April 1, 2016, every prothonotary in receipt of a salary under this Act is entitled to be paid, up to a maximum of $3,000 for each year, for reasonable incidental expenditures that the fit and proper execution of the office of prothonotary may require, to the extent that the prothonotary has actually incurred the expenditures and is not entitled to be reimbursed for them under any other provision of this Act.

  • (2) Subsection 27(2) of the French version of the Act is replaced by the following:

    • Marginal note:Indemnité supplémentaire de vie chère pour le Nord canadien

      (2) À compter du 1er avril 2004, les juges de la Cour suprême de Terre-Neuve-et-Labrador qui résident au Labrador, les juges des cours suprêmes du Yukon et des Territoires du Nord-Ouest et de la Cour de justice du Nunavut rémunérés au titre de la présente loi reçoivent en outre, sans avoir à en rendre compte, une indemnité de vie chère de 12 000 $ par an pour les territoires et le Labrador.

 Subsection 31(1) of the French version of the Act is replaced by the following:

Marginal note:Cour fédérale et Cour canadienne de l’impôt
  • 31 (1) Les juges en chef de la Cour d’appel fédérale ou de la Cour fédérale ou le juge en chef ou juge en chef adjoint de la Cour canadienne de l’impôt peuvent, en avisant le ministre de la Justice du Canada de leur décision, devenir simples juges du tribunal auquel ils appartiennent; le cas échéant, ils exercent cette charge et touchent le traitement correspondant jusqu’à la cessation de leurs fonctions, notamment par mise à la retraite d’office, démission ou révocation.

 The Act is amended by adding the following after section 31:

Marginal note:Election of Chief Justice of the Court Martial Appeal Court of Canada

31.1 If the Chief Justice of the Court Martial Appeal Court of Canada notifies the Minister of Justice of Canada of their election to cease to perform the duties of that office and to perform only the duties of a judge of the court on which they serve, they shall, after giving that notice, hold only the office of a judge and shall be paid the salary annexed to the office of a judge, until they reach the age of retirement, resign or are removed from or otherwise cease to hold office.

 Subsection 33(1) of the Act is replaced by the following:

Marginal note:Deemed election and notice
  • 33 (1) If a judge gives notice to the Minister of Justice of Canada and, if appropriate, to the attorney general of the province concerned of the judge’s election as provided in section 28, 29, 31, 31.1, 32 or 32.1 to be effective on a future day specified in the notice, being a day on which the judge will be eligible to so elect, the judge is, effective on that day, deemed to have elected and given notice of the election on that day under section 28, 29, 31, 31.1, 32 or 32.1, as the case may be.

  •  (1) The portion of paragraph 40(1)(c) of the Act before subparagraph (i) is replaced by the following:

    • (c) a judge of the Supreme Court of Newfoundland and Labrador resident in Labrador, the Supreme Court of Yukon, the Supreme Court of the Northwest Territories or the Nunavut Court of Justice who moves to a place of residence in one of the 10 provinces or in another territory during the period of two years

  • (2) Paragraph 40(1)(d) of the Act is replaced by the following:

    • (d) a survivor or child, as defined in subsection 47(1), of a judge of the Supreme Court of Newfoundland and Labrador resident in Labrador, the Supreme Court of Yukon, the Supreme Court of the Northwest Territories or the Nunavut Court of Justice who dies while holding office as such, if the survivor or child lives with the judge at the time of the judge’s death and, within two years after the death, moves to a place of residence in one of the 10 provinces or in another territory;

  • (3) Subsection 40(1.1) of the Act is replaced by the following:

    • Marginal note:Limitation

      (1.1) Paragraphs (1)(c) and (d) apply only in respect of

      • (a) a judge who resided in one of the 10 provinces or in another territory at the time of appointment to the Supreme Court of Yukon, the Supreme Court of the Northwest Territories or the Nunavut Court of Justice, as the case may be; or

      • (b) a judge of the Supreme Court of Newfoundland and Labrador resident in Labrador who at the time of appointment did not reside there.

  •  (1) Section 43 of the Act is amended by adding the following after subsection (1):

    • Marginal note:Annuity for former supernumerary judge

      (1.1) If a supernumerary judge to whom subsection (1) applies is appointed to a different court to perform only the duties of a judge, the annuity payable to the judge under section 42 is an annuity equal to two thirds of the salary annexed, at the time of his or her resignation, removal or attaining the age of retirement, to the office or position previously held by him or her of chief justice, senior associate chief justice, associate chief justice or senior judge.

  • (2) Subsection 43(3) of the Act is replaced by the following:

    • Marginal note:Annuity — election under section 31.1

      (2.1) If the Chief Justice of the Court Martial Appeal Court of Canada, in accordance with section 31.1, has elected to cease to perform his or her duties as such and to perform only the duties of a judge, the annuity payable to him or her under section 42 is an annuity equal to two thirds of the salary annexed, at the time of his or her resignation, removal or attaining the age of retirement, to the office held by him or her immediately before his or her election, if he or she had continued in that office for at least five years or had continued in that office and any other office of chief justice for a total of at least five years.

    • Marginal note:Annuity payable to chief justice or senior judge

      (2.2) If a chief justice or a senior judge, as defined in subsection 22(3), is appointed to a different court to perform only the duties of a judge, the annuity payable to him or her under section 42 is an annuity equal to two thirds of the salary annexed, at the time of his or her resignation, removal or attaining the age of retirement, to the office of chief justice or position of senior judge, if he or she had continued in that office or position for at least five years or had continued in that office or position and any other office or position of chief justice or senior judge for at least five years.

    • Marginal note:Definition of chief justice and chief justice of a superior court of a province

      (3) In subsections (2) to (2.2), chief justice or chief justice of a superior court of a province means a chief justice, senior associate chief justice or associate chief justice of that court, or, if that court is constituted with divisions, of a division of that court.

    • Marginal note:Application of subsections (1) and (2)

      (4) Subsections (1) and (2) are deemed to have come into force on April 1, 2012.

 Paragraph 44(1)(b) of the Act is replaced by the following:

  • (b) the salary annexed, at the date of death, to the office previously held by the judge of chief justice, senior associate chief justice or associate chief justice, if one of subsections 43(1), (1.1), (2), (2.1) or (2.2) would have applied to the judge if he or she had resigned, been removed or attained the age of retirement, on the day of death,

 The heading before section 52 of the French version of the Act is replaced by the following:

Saisie-arrêt relative à un soutien financier

 Subsection 52(1) of the Act is replaced by the following:

Marginal note:Diversion of payments to satisfy financial support order
  • 52 (1) If a court in Canada of competent jurisdiction has made an order requiring a recipient of an annuity or other amount payable under section 42, 43, 43.1, 44, 44.1 or 44.2 or subsection 51(1) to pay financial support, amounts so payable to the recipient are subject to being diverted to the person named in the order in accordance with Part II of the Garnishment, Attachment and Pension Diversion Act.

  •  (1) The portion of subsection 52.14(3) of the French version of the Act before paragraph (a) is replaced by the following:

    • Marginal note:Partage des contributions

      (3) Sous réserve des paragraphes (3.1) et (4), dans le cas où le juge n’est pas admissible à une pension à la fin de la période visée par le partage, l’approbation par le ministre du partage des prestations de pension entraîne l’attribution à l’époux, ex-époux ou ancien conjoint de fait du juge d’une part des prestations de pension, constituée de l’une des sommes suivantes :

  • (2) The portion of subsection 52.14(3.1) of the French version of the Act before paragraph (a) is replaced by the following:

    • Marginal note:Partage des contributions : pensionnaire infirme

      (3.1) Sous réserve du paragraphe (4), lorsque le ministre approuve le partage des prestations de pension d’un juge à qui a été accordée une pension pour cause d’infirmité mais qui n’était pas autrement admissible à une pension à la fin de la période visée par le partage, l’époux, ex-époux ou ancien conjoint de fait a droit à une partie des prestations de pension équivalant à l’une des sommes suivantes :

  • (3) Paragraph 52.14(3.1)(a) of the Act is replaced by the following:

    • (a) an amount equal to 50% of the contributions that would have been made during the period described in subparagraph (2)(b)(i) if the judge had continued in office, on the basis of the salary annexed to the office held by the judge at the time the judge ceased to hold office, plus 50% of any interest payable on those contributions; or

  • (4) Subsections 52.14(4) and (5) of the French version of the Act are replaced by the following:

    • Marginal note:Choix de l’époux, etc.

      (4) L’époux, ex-époux ou ancien conjoint de fait d’un juge qui a droit à une partie des cotisations de celui-ci aux termes des paragraphes (3) ou (3.1) peut choisir, selon les modalités réglementaires, de recevoir en échange de cette partie, au moment où le juge a droit à une pension — ou au moment où le juge aurait été admissible à une pension s’il n’avait pas démissionné ou été révoqué par suite d’une infirmité —, une part de la pension à laquelle le juge a ou aurait eu droit, déterminée conformément au paragraphe (1).

    • Marginal note:Décès du juge

      (5) Si le juge décède ou cesse d’exercer ses fonctions, notamment par mise à la retraite d’office, démission ou révocation, avant d’être admissible à une pension, l’époux, ex-époux ou ancien conjoint de fait qui a effectué le choix visé au paragraphe (4) reçoit plutôt sur-le-champ la partie des cotisations versées par le juge à laquelle il avait autrement droit conformément aux paragraphes (3) ou (3.1).

  •  (1) Paragraph 52.22(a) of the French version of the Act is replaced by the following:

    • a) régir les modalités d’une demande, les renseignements à fournir dans la demande et les documents qui doivent l’accompagner;

  • (2) Paragraphs 52.22(j) and (k) of the French version of the Act are replaced by the following:

    • j) régir, pour l’application du paragraphe 52.14(1), la valeur d’une pension attribuée pour une période visée par le partage;

    • k) régir, pour l’application des paragraphes 52.14(2) et (3.1), la date prévue pour la retraite du juge;

  • (3) Paragraph 52.22(n) of the French version of the Act is replaced by the following:

    • n) prévoir, pour l’application de l’alinéa 52.14(6)b), la façon de déterminer la période pendant laquelle les intéressés ont cohabité;

  • (4) Paragraph 52.22(r) of the French version of the Act is replaced by the following:

    • r) régir, pour l’application du paragraphe 52.15(2), la portion d’une pension attribuée pour une période visée par le partage;

Transitional Provision

Marginal note:Tenure extension

 Despite subsection 26.1(3) of the Judges Act, the term of office of the three members appointed under section 26.1 of that Act to the Judicial Compensation and Benefits Commission that began its inquiry on October 1, 2015 is extended to May 31, 2020.

Coming into Force

Marginal note:Order in council
  •  (1) Subject to subsection (2), the provisions of this Division come into force on a day or days to be fixed by order of the Governor in Council.

  • Marginal note:April 1, 2016

    (2) Sections 220 and 221 are deemed to have come into force on April 1, 2016.

DIVISION 11Support for Families: Benefits and Leaves

1996, c. 23Employment Insurance Act

Amendments to the Act

 The definition special benefits in subsection 2(1) of the Employment Insurance Act is replaced by the following:

special benefits

special benefits means benefits paid for any reason mentioned in subsection 12(3) or 152.14(1); (prestations spéciales)

  •  (1) The portion of subsection 10(5.2) of the Act before paragraph (a) is replaced by the following:

    • Marginal note:Exception

      (5.2) A claim for benefits referred to in section 23.2 with respect to a critically ill child must not be regarded as having been made on an earlier day under subsection (4) or (5) if

  • (2) Paragraph 10(5.2)(b) of the Act is replaced by the following:

    • (b) the beginning of the period referred to in subsection 23.2(3) has already been determined with respect to that child and the claim would have the effect of moving the beginning of that period to an earlier date; or

  • (3) Section 10 of the Act is amended by adding the following after subsection (5.2):

    • Marginal note:Exception

      (5.3) A claim for benefits referred to in section 23.3 with respect to a critically ill adult must not be regarded as having been made on an earlier day under subsection (4) or (5) if

      • (a) at the time the claim is made, all benefits that may otherwise have been payable in relation to that claim have already been exhausted;

      • (b) the beginning of the period referred to in subsection 23.3(3) has already been determined with respect to that adult and the claim would have the effect of moving the beginning of that period to an earlier date; or

      • (c) the claim is made in any other circumstances set out in the regulations.

  • (4) Paragraph 10(13)(b) of the Act is replaced by the following:

    • (b) benefits were paid to the claimant for more than one of the reasons mentioned in paragraphs 12(3)(a) to (f) and at least one of those benefits was paid for fewer than the applicable maximum number of weeks established for those reasons, and

  • (5) Section 10 of the Act is amended by adding the following after subsection (13):

    • Marginal note:Extension of benefit period — reason mentioned in paragraph 12(3)(b)

      (13.01) The benefit period is extended by 26 weeks so that benefits may be paid for the reason mentioned in paragraph 12(3)(b) up to the maximum number of weeks if, during a claimant’s benefit period,

      • (a) benefits were paid to the claimant for that reason and the applicable maximum number of weeks is established in subparagraph 12(3)(b)(ii);

      • (b) regular benefits were not paid to the claimant; and

      • (c) benefits were not paid for any reason mentioned in paragraph 12(3)(a), (c), (d), (e) or (f).

    • Marginal note:Extension of benefit period — regular and special benefits

      (13.02) If, during a claimant’s benefit period, regular benefits were paid, benefits were paid for the reason mentioned in paragraph 12(3)(b) in the case where the applicable maximum number of weeks is established under subparagraph 12(3)(b)(ii), and benefits were paid for fewer than the total number of weeks established under subsection 12(6) as determined under subsection 12(7), the benefit period is extended so that benefits may be paid up to that total number of weeks. The extension must not exceed 26 weeks.

    • Marginal note:Limitation

      (13.03) Only the regular benefits and benefits for any of the reasons mentioned in paragraphs 12(3)(a) to (f) that were paid during the claimant’s benefit period before it was extended under subsection (13.02) are payable during that extension.

  • (6) Subsection 10(14) of the Act is replaced by the following:

    • Marginal note:Maximum extension under subsections (10) to (13.02)

      (14) An extension under one or more of subsections (10) to (13.02) must not result in a benefit period of more than 104 weeks.

  • (7) Subsection 10(15) of the Act is replaced by the following:

    • Marginal note:Maximum extension under subsection (13)

      (15) Subject to subsection (14), unless the benefit period is also extended under any of subsections (10) to (12.1), an extension under subsection (13) must not result in a benefit period of more than the sum of two weeks and the total of the maximum number of weeks established under subsection 12(3) for each of the benefits paid to the claimant for one of the reasons mentioned in paragraphs 12(3)(a) to (f) during the claimant’s benefit period before it was extended under subsection (13).

  •  (1) Paragraph 12(3)(b) of the Act is replaced by the following:

    • (b) because the claimant is caring for one or more new-born children of the claimant or one or more children placed with the claimant for the purpose of adoption is, in accordance with the election under section 23,

  • (2) Subsection 12(3) of the Act is amended by striking out “and” at the end of paragraph (d), by adding “and” at the end of paragraph (e) and by adding the following after paragraph (e):

    • (f) because the claimant is providing care or support to one or more critically ill adults described in subsection 23.3(1) is 15.

  • (3) Paragraph 12(4)(b) of the Act is replaced by the following:

    • (b) for the care of one or more new-born or adopted children as a result of a single pregnancy or placement is, in accordance with the election under section 23, 35 or 61.

  • (4) Subsection 12(4.01) of the Act is replaced by the following:

    • Marginal note:Maximum — parental benefits

      (4.01) If a claim is made under this Part in respect of a child or children referred to in paragraph (4)(b) and a claim is made under section 152.05 in respect of the same child or children, the maximum number of weeks of benefits payable under this Act in respect of the child or children is, in accordance with the election under section 23, 35 or 61.

  • (5) Subsection 12(4.5) of the Act is replaced by the following:

    • Marginal note:Maximum — critically ill adult

      (4.5) Even if more than one claim is made under this Act, at least one of which is made under section 23.3 — or even if more than one certificate is issued for the purposes of this Act, at least one of which is issued for the purposes of section 23.3 — for the same reason and in respect of the same critically ill adult, the maximum number of weeks of benefits payable under this Act in respect of that adult is 15 weeks during the period of 52 weeks that begins on the first day of the week referred to in paragraph 23.3(3)(a).

  • (6) Section 12 of the Act is amended by adding the following after subsection (6):

    • Marginal note:Determination — total number of weeks

      (7) For the purpose of determining whether the total number of weeks of benefits established under subsection (6) has been reached, in the case where benefits have been paid for the reason mentioned in paragraph 12(3)(b) and the applicable maximum number of weeks is established under subparagraph 12(3)(b)(ii),

      • (a) the number of weeks of benefits that were paid for the reason mentioned in paragraph 12(3)(b) is converted to the number of weeks of benefits that would have been paid at a rate of weekly benefits of 55%, as set out in the table in Schedule IV; and

      • (b) other than the weeks referred to in subsections 10(10) to (12.1) in respect of which the benefit period is extended and the week referred to in section 13, the weeks for which no benefits were paid are deemed to be weeks for which benefits were paid at a rate of weekly benefits of 55%.

 Subsection 14(1) of the Act is replaced by the following:

Marginal note:Rate of weekly benefits
  • 14 (1) The rate of weekly benefits payable to a claimant is 55% of their weekly insurable earnings, or 33% of their weekly insurable earnings for the weeks for which the claimant is paid benefits under section 23 in the case where the applicable maximum number of weeks is established under subparagraph 12(3)(b)(ii).

 Subsection 18(2) of the Act is replaced by the following:

  • Marginal note:Exception

    (2) A claimant to whom benefits are payable under any of sections 23 to 23.3 is not disentitled under paragraph (1)(b) for failing to prove that he or she would have been available for work were it not for the illness, injury or quarantine.

 Subparagraph 22(2)(a)(i) of the Act is replaced by the following:

  • (i) 12 weeks before the week in which her confinement is expected, and

  •  (1) Section 23 of the Act is amended by adding the following after subsection (1):

    • Marginal note:Election by claimant

      (1.1) In a claim for benefits made under this section, a claimant shall elect the maximum number of weeks referred to in either subparagraph 12(3)(b)(i) or (ii) for which benefits may be paid.

    • Marginal note:Irrevocability of election

      (1.2) The election is irrevocable once benefits are paid under this section or under section 152.05 in respect of the same child or children.

    • Marginal note:First to elect

      (1.3) If two major attachment claimants each make a claim for benefits under this section — or one major attachment claimant makes a claim for benefits under this section and an individual makes a claim for benefits under section 152.05 — in respect of the same child or children, the election made under subsection (1.1) or 152.05(1.1) by the first claimant or individual, as the case may be, to make a claim for benefits under this section or under section 152.05 is binding on both claimants or on the claimant and the individual.

  • (2) Subsection 23(3.2) of the Act is replaced by the following:

    • Marginal note:Extension of period — special benefits

      (3.2) The period referred to in subsection (2) is extended so that benefits may be paid up to the applicable maximum number of weeks referred to in subparagraph 12(3)(b)(i) or (ii) if, during a claimant’s benefit period,

      • (a) regular benefits were not paid to the claimant;

      • (b) benefits were paid to the claimant for more than one of the reasons mentioned in paragraphs 12(3)(a) to (f);

      • (c) the maximum total number of weeks established for those reasons is greater than 50; and

      • (d) benefits were paid for the reason mentioned in paragraph 12(3)(b) but for fewer than the applicable maximum number of weeks established for that reason.

    • Marginal note:Extension of period — reason mentioned in paragraph 12(3)(b)

      (3.21) The period referred to in subsection (2) is extended by 26 weeks so that benefits may be paid for the reason mentioned in paragraph 12(3)(b) up to the maximum number of weeks if, during a claimant’s benefit period,

      • (a) benefits were paid to the claimant for that reason and the applicable maximum number of weeks is established in subparagraph 12(3)(b)(ii);

      • (b) regular benefits were not paid to the claimant; and

      • (c) benefits were not paid for any reason mentioned in paragraph 12(3)(a), (c), (d), (e) or (f).

    • Marginal note:Extension of period — regular and special benefits

      (3.22) If, during a claimant’s benefit period, regular benefits were paid, benefits were paid for the reason mentioned in paragraph 12(3)(b) in the case where the applicable maximum number of weeks is established under subparagraph 12(3)(b)(ii), and benefits were paid for fewer than the total number of weeks established under subsection 12(6) as determined under subsection 12(7), the period referred to in subsection (2) is extended for the same number of weeks as the extension established under subsection 10(13.02).

  • (3) Subsection 23(3.4) of the Act is replaced by the following:

    • Marginal note:Limitation

      (3.4) An extension under one or more of subsections 10(10) to (13.02) must not result in the period referred to in subsection (2) being longer than 104 weeks.

  • (4) Subsections 23(4) and (4.1) of the Act are replaced by the following:

    • Marginal note:Division of weeks of benefits

      (4) If two major attachment claimants each make a claim for benefits under this section — or if one major attachment claimant makes a claim for benefits under this section and an individual makes a claim for benefits under section 152.05 — in respect of the same child or children, weeks of benefits payable under this section, under section 152.05 or under both those sections may be divided between them up to a maximum of 35, if the applicable maximum number of weeks is established under subparagraph 12(3)(b)(i) or 152.14(1)(b)(i), or up to a maximum of 61, if that number of weeks is established under subparagraph 12(3)(b)(ii) or 152.14(1)(b)(ii). If they cannot agree, the weeks of benefits are to be divided in accordance with the prescribed rules.

    • Marginal note:Maximum number of weeks that can be divided

      (4.1) For greater certainty, if, in respect of the same child, a major attachment claimant makes a claim for benefits under this section and an individual makes a claim for benefits under section 152.05, the total number of weeks of benefits payable under this section and section 152.05 that may be divided between them may not exceed 35, if the applicable maximum number of weeks is established under subparagraph 12(3)(b)(i) or 152.14(1)(b)(i), or may not exceed 61, if that number of weeks is established under subparagraph 12(3)(b)(ii) or 152.14(1)(b)(ii).

  •  (1) Subsection 23.1(1) of the Act is repealed.

  • (2) The portion of subsection 23.1(2) of the Act before paragraph (a) is replaced by the following:

    • Marginal note:Compassionate care benefits

      (2) Despite section 18, but subject to this section, benefits are payable to a major attachment claimant if a medical doctor or nurse practitioner has issued a certificate stating that

  • (3) Subparagraph 23.1(2)(a)(ii) of the Act is replaced by the following:

    • (ii) in the case of a claim that is made before the day on which the certificate is issued, from the day from which the medical doctor or nurse practitioner certifies the family member’s medical condition, or

  • (4) Subparagraph 23.1(4)(a)(ii) of the Act is replaced by the following:

    • (ii) in the case of a claim that is made before the day on which the certificate is issued, the day from which the medical doctor or nurse practitioner certifies the family member’s medical condition, or

  • (5) Subsection 23.1(4.1) of the English version of the Act is replaced by the following:

    • Marginal note:Certificate not necessary

      (4.1) For greater certainty, but subject to subsections (4) and 50(8.1), for benefits under this section to be payable after the end of the period of 26 weeks set out in paragraph (2)(a), it is not necessary for a medical doctor or nurse practitioner to issue an additional certificate under subsection (2).

  •  (1) The portion of subsection 23.2(1) of the Act before paragraph (b) is replaced by the following:

    Marginal note:Benefits — critically ill child
    • 23.2 (1) Despite section 18, but subject to this section, benefits are payable to a major attachment claimant who is a family member of a critically ill child in order to care for or support that child, if a medical doctor or nurse practitioner has issued a certificate that

      • (a) states that the child is a critically ill child and requires the care or support of one or more of their family members; and

  • (2) The portion of subsection 23.2(3) of the Act before paragraph (a) is replaced by the following:

    • Marginal note:Weeks for which benefits may be paid

      (3) Subject to section 12, benefits under this section are payable for each week of unemployment in the period

  • (3) Subparagraph 23.2(3)(a)(ii) of the Act is replaced by the following:

    • (ii) in the case of a claim that is made before the day on which the certificate is issued, the day from which the medical doctor or nurse practitioner certifies that the child is critically ill; and

  • (4) Subsection 23.2(4) of the Act is repealed.

  • (5) The portion of subsection 23.2(5) of the Act before paragraph (a) is replaced by the following:

    • Marginal note:Exception

      (5) Subparagraph (3)(a)(ii) does not apply to a claim if

  • (6) Paragraph 23.2(5)(b) of the Act is replaced by the following:

    • (b) the beginning of the period referred to in subsection (3) has already been determined and the filing of the certificate with the Commission would have the effect of moving the beginning of that period to an earlier date; or

  • (7) The portion of subsection 23.2(6) of the Act before paragraph (a) is replaced by the following:

    • Marginal note:Deferral of waiting period

      (6) A claimant who makes a claim for benefits under this section may have their waiting period deferred until they make another claim for benefits in the same benefit period if

  • (8) Subsections 23.2(7) to (10) of the Act are replaced by the following:

    • Marginal note:Division of weeks of benefits

      (8) If a claimant makes a claim for benefits under this section and another claimant makes a claim for benefits under this section or section 152.061 in respect of the same child, any remaining weeks of benefits payable under this section, under section 152.061 or under both those sections, up to a maximum of 35 weeks, may be divided in the manner agreed to by those claimants. If they cannot agree, the weeks of benefits are to be divided in accordance with the prescribed rules.

    • Marginal note:Maximum divisible number of weeks

      (9) For greater certainty, if, in respect of the same child, a claimant makes a claim for benefits under this section and another claimant makes a claim for benefits under section 152.061, the total number of weeks of benefits payable under this section and section 152.061 that may be divided between them must not exceed 35 weeks.

    • Marginal note:Limitation — compassionate care benefits

      (10) Benefits under section 23.1 or 152.06 are not payable in respect of a child during the period referred to in subsection (3) or 152.061(3) that is established in respect of that child.

    • Marginal note:Limitation — benefits for critically ill adult

      (10.1) Benefits under section 23.3 or 152.062 are not payable during the period of 52 weeks that begins on the first day of the week referred to in paragraph (3)(a) in respect of a person who was a critically ill child if benefits were paid in respect of that person under this section.

 The Act is amended by adding the following after section 23.2:

Marginal note:Benefits — critically ill adult
  • 23.3 (1) Despite section 18, but subject to this section, benefits are payable to a major attachment claimant who is a family member of a critically ill adult, in order to care for or support that adult, if a medical doctor or nurse practitioner has issued a certificate that

    • (a) states that the adult is a critically ill adult and requires the care or support of one or more of their family members; and

    • (b) sets out the period during which the adult requires that care or support.

  • Marginal note:Medical practitioner

    (2) In the circumstances set out in the regulations, the certificate referred to in subsection (1) may be issued by a member of a prescribed class of medical practitioners.

  • Marginal note:Weeks for which benefits may be paid

    (3) Subject to section 12, benefits under this section are payable for each week of unemployment in the period

    • (a) that begins on the first day of the week in which either of the following falls:

      • (i) the day on which the first certificate is issued in respect of the adult that meets the requirements of subsection (1) and is filed with the Commission, or

      • (ii) in the case of a claim that is made before the day on which the certificate is issued, the day from which the medical doctor or nurse practitioner certifies that the adult is critically ill; and

    • (b) that ends on the last day of the week in which any of the following occurs:

      • (i) all benefits payable under this section in respect of the adult are exhausted,

      • (ii) the adult dies, or

      • (iii) the expiry of the 52 weeks following the first day of the week referred to in paragraph (a).

  • Marginal note:Exception

    (4) Subparagraph (3)(a)(ii) does not apply to a claim if

    • (a) at the time the certificate is filed with the Commission, all benefits that may otherwise have been payable in relation to that claim have already been exhausted;

    • (b) the beginning of the period referred to in subsection (3) has already been determined and the filing of the certificate with the Commission would have the effect of moving the beginning of that period to an earlier date; or

    • (c) the claim is made in any other circumstances set out in the regulations.

  • Marginal note:Deferral of waiting period

    (5) A claimant who makes a claim for benefits under this section may have their waiting period deferred until they make another claim for benefits in the same benefit period if

    • (a) another claimant has made a claim for benefits under this section or section 152.062 in respect of the same adult during the period described in subsection (3) and that other claimant has served or is serving their waiting period in respect of that claim;

    • (b) another claimant is making a claim for benefits under this section or section 152.062 in respect of the same adult at the same time as the claimant and that other claimant elects to serve their waiting period; or

    • (c) the claimant, or another claimant who has made a claim for benefits under this section or section 152.062 in respect of the same adult, meets the prescribed requirements.

  • Marginal note:Division of weeks of benefits

    (6) If a claimant makes a claim for benefits under this section and another claimant makes a claim for benefits under this section or section 152.062 in respect of the same adult, any remaining weeks of benefits payable under this section, under section 152.062 or under both those sections, up to a maximum of 15 weeks, may be divided in the manner agreed to by those claimants. If they cannot agree, the weeks of benefits are to be divided in accordance with the prescribed rules.

  • Marginal note:Maximum divisible number of weeks

    (7) For greater certainty, if, in respect of the same adult, a claimant makes a claim for benefits under this section and another claimant makes a claim for benefits under section 152.062, the total number of weeks of benefits payable under this section and section 152.062 that may be divided between them must not exceed 15 weeks.

  • Marginal note:Limitation — compassionate care benefits

    (8) Benefits under section 23.1 or 152.06 are not payable in respect of an adult during the period referred to in subsection (3) or 152.062(3) that is established in respect of that adult.

  • Marginal note:Limitation

    (9) When benefits are payable to a claimant for the reasons set out in this section and any allowances, money or other benefits are payable to the claimant under a provincial law for the same or substantially the same reasons, the benefits payable to the claimant under this section shall be reduced or eliminated as prescribed.

 Subsection 50(8.1) of the Act is replaced by the following:

  • Marginal note:Proof — additional certificate

    (8.1) For the purpose of proving that the conditions of subsection 23.1(2) or 152.06(1) are met, the Commission may require the claimant to provide it with an additional certificate issued by a medical doctor or nurse practitioner.

  •  (1) Paragraph 54(c.2) of the Act is replaced by the following:

    • (c.2) setting out circumstances for the purposes of paragraphs 10(5.1)(c), 10(5.2)(c), 10(5.3)(c), 23.1(6)(c), 23.2(5)(c), 23.3(4)(c), 152.06(5)(c), 152.061(5)(c), 152.062(4)(c), 152.11(6)(c), 152.11(6.1)(c) and 152.11(6.2)(c);

  • (2) Paragraphs 54(f.2) to (f.4) of the Act are replaced by the following:

    • (f.21) defining or determining what is a medical doctor, a nurse practitioner, a family member, a critically ill child and a critically ill adult for the purposes of subsections 23.1(2), 23.2(1), 23.3(1), 152.06(1), 152.061(1) and 152.062(1);

    • (f.3) defining or determining what is care or support for the purposes of paragraphs 23.1(2)(b), 23.2(1)(a), 23.3(1)(a), 152.06(1)(b), 152.061(1)(a) and 152.062(1)(a);

    • (f.4) prescribing classes of medical practitioners for the purposes of subsections 23.1(3), 23.2(2), 23.3(2), 152.06(2), 152.061(2) and 152.062(2) and setting out the circumstances in which a certificate may be issued by them under subsection 23.1(2), 23.2(1), 23.3(1), 152.06(1), 152.061(1) or 152.062(1);

  • (3) Paragraphs 54(f.6) and (f.7) of the Act are replaced by the following:

    • (f.6) prescribing requirements for the purposes of paragraphs 23.1(7)(c), 23.2(6)(c), 23.3(5)(c), 152.06(6)(c), 152.061(6)(c) and 152.062(5)(c);

    • (f.7) prescribing rules for the purposes of subsections 23(4), 23.1(9), 23.2(8), 23.3(6), 152.05(12), 152.06(7), 152.061(8) and 152.062(6);

  •  (1) Paragraph 69(1)(a) of the Act is replaced by the following:

    • (a) the payment of any allowances, money or other benefits because of illness, injury, quarantine, pregnancy, child care, compassionate care, a child’s critical illness or an adult’s critical illness under a plan that covers insured persons employed by the employer, other than one established under a provincial law, would have the effect of reducing the special benefits payable to the insured persons; and

  • (2) Subsection 69(2) of the Act is replaced by the following:

    • Marginal note:Provincial plans

      (2) The Commission shall, with the approval of the Governor in Council, make regulations to provide a system for reducing the employer’s and employee’s premiums, the premiums under Part VII.1 or all those premiums, when the payment of any allowances, money or other benefits because of illness, injury, quarantine, pregnancy, child care, compassionate care, a child’s critical illness or an adult’s critical illness under a provincial law to insured persons, or to self-employed persons, as the case may be, would have the effect of reducing or eliminating the special benefits payable to those insured persons or the benefits payable to those self-employed persons.

  • (3) Section 69 of the Act is amended by adding the following after subsection (7):

    • Marginal note:Reference

      (8) The reference to the payment of allowances, money or other benefits because of an adult’s critical illness in subsections (1) and (2) means the payment of allowances, money or other benefits for the same or substantially the same reasons for which benefits are payable under section 23.3.

 The definition family member in subsection 152.01(1) of the Act is repealed.

 Subsection 152.03(1.1) of the Act is replaced by the following:

  • Marginal note:Exception

    (1.1) A self-employed person to whom benefits are payable under any of sections 152.05 to 152.062 is entitled to benefits under subsection (1) even though the person did not cease to work as a self-employed person because of a prescribed illness, injury or quarantine and would not be working even without the illness, injury or quarantine.

  •  (1) Subparagraph 152.04(2)(a)(i) of the Act is replaced by the following:

    • (i) 12 weeks before the week in which her confinement is expected, and

  • (2) Section 152.04 of the Act is amended by adding the following after subsection (3):

    • Marginal note:Presumption

      (3.1) With regard to serving the waiting period under section 152.15, the week that immediately precedes the period described in subsection (2) is deemed to be a week that is included in that period.

  •  (1) Section 152.05 of the Act is amended by adding the following after subsection (1):

    • Marginal note:Election by self-employed person

      (1.1) In a claim for benefits made under this section, a self-employed person shall elect the maximum number of weeks referred to in either subparagraph 152.14(1)(b)(i) or (ii) for which benefits may be paid.

    • Marginal note:Irrevocability of election

      (1.2) The election is irrevocable once benefits are paid under this section or under section 23 in respect of the same child or children.

    • Marginal note:First to elect

      (1.3) If two self-employed persons each make a claim for benefits under this section — or if one self-employed person makes a claim for benefits under this section and another person makes a claim for benefits under section 23 — in respect of the same child or children, the election made under subsection (1.1) or subsection 23(1.1) by the first person to make a claim for benefits under this section or under section 23 is binding on both persons.

  • (2) Subsection 152.05(5) of the Act is replaced by the following:

    • Marginal note:Extension of period

      (5) If, during a self-employed person’s benefit period, benefits were paid to the person for more than one of the reasons mentioned in paragraphs 152.14(1)(a) to (f), the maximum total number of weeks established for those reasons is greater than 50, and benefits were paid for the reason mentioned in paragraph 152.14(1)(b) but for fewer than the applicable maximum number of weeks established for that reason, the period referred to in subsection (2) is extended so that benefits may be paid up to the applicable maximum number of weeks referred to in subparagraph 152.14(1)(b)(i) or (ii).

    • Marginal note:Extension of period — reason mentioned in paragraph 152.14(1)(b)

      (5.1) If, during a self-employed person’s benefit period, benefits were not paid for any reason mentioned in paragraph 152.14(1)(a), (c), (d), (e) or (f) and benefits were paid to the person for the reason mentioned in paragraph 152.14(1)(b) in the case where the applicable maximum number of weeks is established under subparagraph 152.14(1)(b)(ii), the period referred to in subsection (2) is extended by 26 weeks so that benefits may be paid up to that maximum number of weeks.

  • (3) Subsection 152.05(7) of the Act is replaced by the following:

    • Marginal note:Limitation

      (7) An extension under one or more of subsections 152.11(11) to (14.1) must not result in the period referred to in subsection (2) being longer than 104 weeks.

  • (4) Subsections 152.05(12) and (13) of the Act are replaced by the following:

    • Marginal note:Division of weeks of benefits

      (12) If two self-employed persons each make a claim for benefits under this section — or if one self-employed person makes a claim for benefits under this section and another person makes a claim for benefits under section 23 — in respect of the same child or children, the weeks of benefits payable under this section, under section 23 or under both those sections may be divided between them up to a maximum of 35, if the applicable maximum number of weeks is established under subparagraph 152.14(1)(b)(i) or 12(3)(b)(i), or up to a maximum of 61, if that number of weeks is established under subparagraph 152.14(1)(b)(ii) or 12(3)(b)(ii). If they cannot agree, the weeks of benefits are to be divided in accordance with the prescribed rules.

    • Marginal note:Maximum number of weeks that can be divided

      (13) For greater certainty, if, in respect of the same child or children, a self-employed person makes a claim for benefits under this section and another person makes a claim for benefits under section 23, the total number of weeks of benefits payable under this section and section 23 that may be divided between them may not exceed 35, if the applicable maximum number of weeks is established under subparagraph 152.14(1)(b)(i) or 12(3)(b)(i), or may not exceed 61, if that number of weeks is established under subparagraph 152.14(1)(b)(ii) or 12(3)(b)(ii).

  •  (1) The portion of subsection 152.06(1) of the Act before paragraph (a) is replaced by the following:

    Marginal note:Compassionate care benefits
    • 152.06 (1) Subject to this Part, benefits are payable to a self-employed person if a medical doctor or nurse practitioner has issued a certificate stating that

  • (2) Subparagraph 152.06(1)(a)(ii) of the Act is replaced by the following:

    • (ii) in the case of a claim that is made before the day on which the certificate is issued, from the day from which the medical doctor or nurse practitioner certifies the family member’s medical condition; and

  • (3) Subparagraph 152.06(3)(a)(ii) of the Act is replaced by the following:

    • (ii) in the case of a claim that is made before the day on which the certificate is issued, the day from which the medical doctor or nurse practitioner certifies the family member’s medical condition; and

  • (4) Subsection 152.06(3.1) of the English version of the Act is replaced by the following:

    • Marginal note:Certificate not necessary

      (3.1) For greater certainty, but subject to subsections (3) and 50(8.1), for benefits under this section to be payable after the end of the period of 26 weeks set out in paragraph (1)(a), it is not necessary for a medical doctor or nurse practitioner to issue an additional certificate under subsection (1).

  •  (1) The portion of subsection 152.061(1) of the Act before paragraph (b) is replaced by the following:

    Marginal note:Benefits — critically ill child
    • 152.061 (1) Subject to this Part, benefits are payable to a self-employed person who is a family member of a critically ill child, in order to care for or support that child, if a medical doctor or nurse practitioner has issued a certificate that

      • (a) states that the child is a critically ill child and requires the care or support of one or more of their family members; and

  • (2) The portion of subsection 152.061(3) of the Act before paragraph (a) is replaced by the following:

    • Marginal note:Weeks for which benefits may be paid

      (3) Subject to section 152.14, benefits under this section are payable for each week of unemployment in the period

  • (3) Subparagraph 152.061(3)(a)(ii) of the Act is replaced by the following:

    • (ii) in the case of a claim that is made before the day on which the certificate is issued, the day from which the medical doctor or nurse practitioner certifies that the child is critically ill; and

  • (4) Subsection 152.061(4) of the Act is repealed.

  • (5) The portion of subsection 152.061(5) of the Act before paragraph (a) is replaced by the following:

    • Marginal note:Exception

      (5) Subparagraph (3)(a)(ii) does not apply to a claim if

  • (6) Paragraph 152.061(5)(b) of the Act is replaced by the following:

    • (b) the beginning of the period referred to in subsection (3) has already been determined and the filing of the certificate with the Commission would have the effect of moving the beginning of that period to an earlier date; or

  • (7) The portion of subsection 152.061(6) of the Act before paragraph (a) is replaced by the following:

    • Marginal note:Deferral of waiting period

      (6) A self-employed person who makes a claim for benefits under this section may have their waiting period deferred until they make another claim for benefits in the same benefit period if

  • (8) Subsections 152.061(7) to (10) of the Act are replaced by the following:

    • Marginal note:Division of weeks of benefits

      (8) If a self-employed person makes a claim for benefits under this section and another person makes a claim for benefits under this section or section 23.2 in respect of the same child, any remaining weeks of benefits payable under this section, under section 23.2 or under both those sections, up to a maximum of 35 weeks, may be divided in the manner agreed to by the self-employed person and the other person. If they cannot agree, the weeks of benefits are to be divided in accordance with the prescribed rules.

    • Marginal note:Maximum divisible number of weeks

      (9) For greater certainty, if, in respect of the same child, a self-employed person makes a claim for benefits under this section and another person makes a claim for benefits under section 23.2, the total number of weeks of benefits payable under this section and section 23.2 that may be divided between them must not exceed 35 weeks.

    • Marginal note:Limitation — compassionate care benefits

      (10) Benefits under section 23.1 or 152.06 are not payable in respect of a child during the period referred to in subsection (3) or 23.2(3) that is established in respect of that child.

    • Marginal note:Limitation — benefits for critically ill adult

      (10.1) Benefits under section 23.3 or 152.062 are not payable during the period of 52 weeks that begins on the first day of the week referred to in paragraph (3)(a) in respect of a person who was a critically ill child if benefits were paid in respect of that person under this section.

 The Act is amended by adding the following after section 152.061:

Marginal note:Benefits — critically ill adult
  • 152.062 (1) Subject to this Part, benefits are payable to a self-employed person who is a family member of a critically ill adult, in order to care for or support that adult, if a medical doctor or nurse practitioner has issued a certificate that

    • (a) states that the adult is a critically ill adult and requires the care or support of one or more of their family members; and

    • (b) sets out the period during which the adult requires that care or support.

  • Marginal note:Medical practitioner

    (2) In the circumstances set out in the regulations, the certificate referred to in subsection (1) may be issued by a member of a prescribed class of medical practitioners.

  • Marginal note:Weeks for which benefits may be paid

    (3) Subject to section 152.14, benefits under this section are payable for each week of unemployment in the period

    • (a) that begins on the first day of the week in which either of the following falls:

      • (i) the day on which the first certificate is issued in respect of the adult that meets the requirements of subsection (1) and is filed with the Commission, or

      • (ii) in the case of a claim that is made before the day on which the certificate is issued, the day from which the medical doctor or nurse practitioner certifies that the adult is critically ill; and

    • (b) that ends on the last day of the week in which any of the following occurs:

      • (i) all benefits payable under this section in respect of the adult are exhausted,

      • (ii) the adult dies, or

      • (iii) the expiry of the 52 weeks following the first day of the week referred to in paragraph (a).

  • Marginal note:Exception

    (4) Subparagraph (3)(a)(ii) does not apply to a claim if

    • (a) at the time the certificate is filed with the Commission, all benefits that may otherwise have been payable in relation to that claim have already been exhausted;

    • (b) the beginning of the period referred to in subsection (3) has already been determined and the filing of the certificate with the Commission would have the effect of moving the beginning of that period to an earlier date; or

    • (c) the claim is made in any other circumstances set out in the regulations.

  • Marginal note:Deferral of waiting period

    (5) A self-employed person who makes a claim for benefits under this section may have their waiting period deferred until they make another claim for benefits in the same benefit period if

    • (a) another claimant has made a claim for benefits under this section or section 23.3 in respect of the same adult during the period described in subsection (3) and that other claimant has served or is serving their waiting period in respect of that claim;

    • (b) another claimant is making a claim for benefits under this section or section 23.3 in respect of the same adult at the same time as the claimant and that other claimant elects to serve their waiting period; or

    • (c) the self-employed person, or another claimant who has made a claim for benefits under this section or section 23.3 in respect of the same adult, meets the prescribed requirements.

  • Marginal note:Division of weeks of benefits

    (6) If a self-employed person makes a claim for benefits under this section and another person makes a claim for benefits under this section or section 23.3 in respect of the same adult, any remaining weeks of benefits payable under this section, under section 23.3 or under both those sections, up to a maximum of 15 weeks, may be divided in the manner agreed to by the self-employed person and the other person. If they cannot agree, the weeks of benefits are to be divided in accordance with the prescribed rules.

  • Marginal note:Maximum divisible number of weeks

    (7) For greater certainty, if, in respect of the same adult, a self-employed person makes a claim for benefits under this section and another person makes a claim for benefits under section 23.3, the total number of weeks of benefits payable under this section and section 23.3 that may be divided between them must not exceed 15 weeks.

  • Marginal note:Limitation — compassionate care benefits

    (8) Benefits under section 23.1 or 152.06 are not payable in respect of an adult during the period referred to in subsection (3) or 23.3(3) that is established in respect of that adult.

  • Marginal note:Limitation

    (9) When benefits are payable to a self-employed person for the reasons set out in this section and any allowances, money or other benefits are payable to the person under a provincial law for the same or substantially the same reasons, the benefits payable to the person under this section shall be reduced or eliminated as prescribed.

 Subsection 152.09(2) of the Act is amended by striking out “and” at the end of paragraph (d) and by replacing paragraph (e) with the following:

  • (e) providing care or support to one or more critically ill children; and

  • (f) providing care or support to one or more critically ill adults.

  •  (1) The portion of subsection 152.11(6.1) of the Act before paragraph (a) is replaced by the following:

    • Marginal note:Exception

      (6.1) A claim for benefits referred to in section 152.061 with respect to a critically ill child must not be regarded as having been made on an earlier day under subsection (4) or (5) if

  • (2) Paragraph 152.11(6.1)(b) of the Act is replaced by the following:

    • (b) the beginning of the period referred to in subsection 152.061(3) has already been determined with respect to that child and the claim would have the effect of moving the beginning of that period to an earlier date; or

  • (3) Section 152.11 of the Act is amended by adding the following after subsection (6.1):

    • Marginal note:Exception

      (6.2) A claim for benefits referred to in section 152.062 with respect to a critically ill adult must not be regarded as having been made on an earlier day under subsection (4) or (5) if

      • (a) at the time the claim is made, all benefits that may otherwise have been payable in relation to that claim have already been exhausted;

      • (b) the beginning of the period referred to in subsection 152.062(3) has already been determined with respect to that adult and the claim would have the effect of moving the beginning of that period to an earlier date; or

      • (c) the claim is made in any other circumstances set out in the regulations.

  • (4) Subsections 152.11(14) to (16) of the Act are replaced by the following:

    • Marginal note:Extension of benefit period

      (14) If, during a self-employed person’s benefit period, benefits were paid to the person for more than one of the reasons mentioned in paragraphs 152.14(1)(a) to (f), at least one of those benefits was paid for fewer than the applicable maximum number of weeks established for those reasons and the maximum total number of weeks established for those reasons is greater than 50, the benefit period is extended so that those benefits may be paid up to that maximum total number of weeks.

    • Marginal note:Extension of benefit period — reason mentioned in paragraph 152.14(1)(b)

      (14.1) If, during a self-employed person’s benefit period, benefits were not paid for any reason mentioned in paragraph 152.14(1)(a), (c), (d), (e) or (f), and benefits were paid to the person for the reason mentioned in paragraph 152.14(1)(b) in the case where the applicable maximum number of weeks is established under subparagraph 152.14(1)(b)(ii), the benefit period is extended by 26 weeks so that benefits may be paid up to that maximum number of weeks.

    • Marginal note:Maximum extension under subsections (11) to (14.1)

      (15) An extension under one or more of subsections (11) to (14.1) must not result in a benefit period of more than 104 weeks.

    • Marginal note:Maximum extension under subsection (14)

      (16) Subject to subsection (15), unless the benefit period is also extended under any of subsections (11) to (13), an extension under subsection (14) must not result in a benefit period of more than the sum of two weeks and the total of the maximum number of weeks established under subsection 152.14(1) for each of the benefits paid to the self-employed person for one of the reasons mentioned in paragraphs 152.14(1)(a) to (f) during the person’s benefit period before it was extended under subsection (14).

  •  (1) Paragraph 152.14(1)(b) of the Act is replaced by the following:

    • (b) because the self-employed person is caring for one or more new-born children of the self-employed person, or one or more children placed with the self-employed person for the purpose of adoption is, in accordance with the election under section 152.05,

  • (2) Subsection 152.14(1) of the Act is amended by striking out “and” at the end of paragraph (d), by adding “and” at the end of paragraph (e) and by adding the following after paragraph (e):

    • (f) because the self-employed person is providing care or support to one or more critically ill adults described in subsection 152.062(1) is 15.

  • (3) Paragraph 152.14(2)(b) of the Act is replaced by the following:

    • (b) for the care of one or more new-born or adopted children as a result of a single pregnancy or placement is, in accordance with the election under section 152.05, 35 or 61.

  • (4) Subsection 152.14(4) of the Act is replaced by the following:

    • Marginal note:Maximum — parental benefits

      (4) If a claim is made under this Part in respect of a child or children referred to in paragraph (2)(b) and a claim is made under section 23 in respect of the same child or children, the maximum number of weeks of benefits payable under this Act in respect of the child or children is, in accordance with the election under section 152.05, 35 or 61.

  • (5) Subsection 152.14(5.2) of the Act is replaced by the following:

    • Marginal note:Maximum — critically ill adult

      (5.2) Even if more than one claim is made under this Act, at least one of which is made under section 152.062 — or even if more than one certificate is issued for the purposes of this Act, at least one of which is issued for the purposes of section 152.062 — for the same reason and in respect of the same critically ill adult, the maximum number of weeks of benefits payable under this Act in respect of that adult is 15 weeks during the period of 52 weeks that begins on the first day of the week referred to in paragraph 152.062(3)(a).

 The portion of subsection 152.16(1) of the Act before paragraph (a) is replaced by the following:

Marginal note:Rate of weekly benefits
  • 152.16 (1) The rate of weekly benefits payable to a self-employed person is 55% — or 33% for the weeks for which the self-employed person is paid benefits under section 152.05 in the case where the applicable maximum number of weeks is established in subparagraph 152.14(1)(b)(ii) — of the result obtained by dividing the aggregate of the amounts referred to in the following paragraphs (a) and (b) by 52:

 The Act is amended by adding, after Schedule III, the Schedule IV set out in Schedule 2 to this Act.

Transitional Provisions

Marginal note:Birth or placement for adoption

 The Employment Insurance Act, as it read immediately before the day on which sections 235 and 245 come into force, continues to apply to a claimant for the purpose of paying benefits under section 23 or 152.05 of that Act in respect of a child or children who are, before that day, born or placed with the claimant for the purpose of adoption.

Marginal note:Critically ill child

 The Employment Insurance Act, as it read immediately before the day on which sections 237 and 247 come into force, continues to apply to a claimant for the purpose of paying benefits under section 23.2 or 152.061 of that Act if the period referred to in subsection 23.2(3) or 152.061(3), as the case may be, of that Act begins before that day.

Marginal note:Critically ill adult

 Sections 23.3 and 152.062 of the Employment Insurance Act, as enacted by sections 238 and 248, respectively, apply to a claimant for any benefit period

  • (a) that begins on or after the day on which sections 238 and 248 come into force; or

  • (b) that has not ended before that day, but only for weeks of benefits that begin on or after that day.

Coordinating Amendments

Marginal note:2000, c. 12
  •  (1) In this section, other Act means the Modernization of Benefits and Obligations Act.

  • (2) If subsection 235(1) of this Act comes into force before subsection 107(1) of the other Act, then that subsection 107(1) is replaced by the following:

    • 107 (1) Subsection 23(1) of the Act is replaced by the following:

      Marginal note:Parental benefits
      • 23 (1) Despite section 18, but subject to this section, benefits are payable to a major attachment claimant to care for

        • (a) one or more new-born children of the claimant;

        • (b) one or more children placed with the claimant for the purpose of adoption under the laws governing adoption in the province in which the claimant resides; or

        • (c) one or more children if the claimant meets the requirements set out in the regulations made under paragraph 54(f.1).

    • (1.1) Subsection 23(2) of the Act is replaced by the following:

      • Marginal note:Weeks for which benefits may be paid

        (2) Subject to section 12, benefits under this section are payable for each week of unemployment in the period that begins with the week in which

        • (a) the child or children of the claimant are born,

        • (b) the child or children are actually placed with the claimant for the purpose of adoption, or

        • (c) the claimant first meets the requirements set out in the regulations made under paragraph 54(f.1)

        and ends 52 weeks after that week.

  • (3) If subsection 107(1) of the other Act comes into force on the same day as subsection 235(1) of this Act, then that subsection 107(1) is deemed to have come into force before that subsection 235(1).

Marginal note:2009, c. 33
  •  (1) In this section, other Act means the Fairness for the Self-Employed Act.

  • (2) If subsection 245(1) of this Act comes into force before paragraph 36(b) of the other Act produces its effects, then that paragraph 36(b) is replaced by the following:

    • (b) subsection 152.05(1) of the Employment Insurance Act is replaced by the following:

      Marginal note:Parental benefits
      • 152.05 (1) Subject to this Part, benefits are payable to a self-employed person to care for

        • (a) one or more new-born children of the person;

        • (b) one or more children placed with the person for the purpose of adoption under the laws governing adoption in the province in which the person resides; or

        • (c) one or more children if the self-employed person meets the requirements set out in the regulations made under paragraph 54(f.1).

    • (c) subsection 152.05(2) of the Employment Insurance Act is replaced by the following:

      • Marginal note:Weeks for which benefits may be paid

        (2) Subject to section 152.14, benefits under this section are payable for each week of unemployment in the period

        • (a) that begins with the week in which the child or children of the self-employed person are born and that ends 52 weeks after that week;

        • (b) that begins with the week in which the child or children of the self-employed person are actually placed with the self-employed person for the purpose of adoption and that ends 52 weeks after that week; or

        • (c) that begins with the week in which the self-employed person first meets the requirements set out in the regulations made under paragraph 54(f.1) and ends 52 weeks after that week.

  • (3) If paragraph 36(b) of the other Act produces its effects on the day on which subsection 245(1) of this Act comes into force, then that paragraph 36(b) is deemed to have produced its effects before that subsection 245(1) comes into force.

R.S., c. L-2Canada Labour Code

Amendments to the Act

 Subsection 206(1) of the Canada Labour Code is replaced by the following:

Marginal note:Entitlement to leave
  • 206 (1) Every employee is entitled to and shall be granted a leave of absence from employment of up to 17 weeks, which leave may begin not earlier than 13 weeks prior to the estimated date of her confinement and end not later than 17 weeks following the actual date of her confinement, if the employee:

    • (a) has completed six consecutive months of continuous employment with an employer; and

    • (b) provides her employer with a certificate of a qualified medical practitioner certifying that she is pregnant.

  • Marginal note:Extension of period

    (1.1) If the confinement has not occurred during the 17 weeks of her leave of absence, the leave of absence is extended until the date of her confinement.

  •  (1) Subsection 206.1(1) of the Act is replaced by the following:

    Marginal note:Entitlement to leave
    • 206.1 (1) Subject to subsections (2) and (3), every employee who has completed six consecutive months of continuous employment with an employer is entitled to and shall be granted a leave of absence from employment of up to 63 weeks to care for a new-born child of the employee or a child who is in the care of the employee for the purpose of adoption under the laws governing adoption in the province in which the employee resides.

  • (2) The portion of subsection 206.1(2) of the Act before paragraph (a) is replaced by the following:

    • Marginal note:Period when leave may be taken

      (2) The leave of absence granted under this section may only be taken during the 78-week period beginning

  • (3) Subsection 206.1(3) of the Act is replaced by the following:

    • Marginal note:Aggregate leave — two employees

      (3) The aggregate amount of leave that may be taken by two employees under this section in respect of the same birth or adoption shall not exceed 63 weeks.

 Section 206.2 of the Act is replaced by the following:

Marginal note:Aggregate leave — maternity and parental

206.2 The aggregate amount of leave that may be taken by one or two employees under sections 206 and 206.1 in respect of the same birth shall not exceed 78 weeks.

  •  (1) Subsection 206.3(1) of the Act is replaced by the following:

    Marginal note:Definitions
    • 206.3 (1) For the purposes of this section, care, family member, medical doctor, nurse practitioner and support have, subject to the regulations, the same meanings as in the regulations made under the Employment Insurance Act and week means the period between midnight on Saturday and midnight on the immediately following Saturday.

  • (2) The portion of subsection 206.3(2) of the Act before paragraph (a) is replaced by the following:

    • Marginal note:Entitlement to leave

      (2) Subject to subsections (3) to (8), every employee is entitled to and shall be granted a leave of absence from employment of up to 28 weeks to provide care or support to a family member of the employee if a medical doctor or nurse practitioner issues a certificate stating that the family member has a serious medical condition with a significant risk of death within 26 weeks from

  • (3) Section 206.3 of the Act is amended by adding the following after subsection (2):

    • Marginal note:Medical practitioner

      (2.1) In the circumstances set out under the Employment Insurance Act, the certificate referred to in subsection (2) may be issued by a member of a class of medical practitioners that is prescribed under that Act.

  • (4) Subsection 206.3(3.1) of the Act is replaced by the following:

    • Marginal note:Certificate not necessary

      (3.1) For greater certainty, but subject to subsection (3), for leave under this section to be taken after the end of the period of 26 weeks set out in subsection (2), it is not necessary for a medical doctor or nurse practitioner to issue an additional certificate under that subsection (2).

  • (5) Section 206.3 of the Act is amended by adding the following after subsection (7):

    • Marginal note:Limitation — section 206.4

      (7.1) No leave may be taken by one or more employees under subsection 206.4(2) or (2.1) before the end of the leave taken under subsection (2) in respect of the same person.

  •  (1) Subsection 206.4(1) of the Act is replaced by the following:

    Marginal note:Interpretation
    • 206.4 (1) For the purposes of this section, care, critically ill adult, critically ill child, family member, medical doctor, nurse practitioner and support have, subject to the regulations, the same meanings as in the regulations made under the Employment Insurance Act and week has the same meaning as in subsection 206.3(1).

  • (2) The portion of subsection 206.4(2) of the Act before paragraph (b) is replaced by the following:

    • Marginal note:Leave — 37 weeks

      (2) Every employee who has completed six consecutive months of continuous employment with an employer and who is a family member of a critically ill child is entitled to and shall be granted a leave of absence from employment of up to 37 weeks in order to care for or support that child if a medical doctor or nurse practitioner has issued a certificate that

      • (a) states that the child is a critically ill child and requires the care or support of one or more of their family members; and

  • (3) Subsection 206.4(3) of the Act is replaced by the following:

    • Marginal note:Leave — 17 weeks

      (2.1) Every employee who has completed six consecutive months of continuous employment with an employer and who is a family member of a critically ill adult is entitled to and shall be granted a leave of absence from employment of up to 17 weeks in order to care for or support that adult if a medical doctor or nurse practitioner has issued a certificate that

      • (a) states that the adult is a critically ill adult and requires the care or support of one or more of their family members; and

      • (b) sets out the period during which the adult requires that care or support.

    • Marginal note:Medical practitioner

      (3) In the circumstances set out under the Employment Insurance Act, the certificate referred to in subsection (2) or (2.1) may be issued by a member of a class of medical practitioners that is prescribed under that Act.

  • (4) Subparagraphs 206.4(4)(a)(i) and (ii) of the Act are replaced by the following:

    • (i) the day on which the first certificate is issued in respect of the child or adult, as the case may be, that meets the requirements of subsection (2) or (2.1), or

    • (ii) if the leave begins before the day on which the certificate is issued, the day from which the medical doctor or nurse practitioner certifies that the child or adult, as the case may be, is critically ill; and

  • (5) Subparagraph 206.4(4)(b)(i) of the Act is replaced by the following:

    • (i) the child or adult, as the case may be, dies, or

  • (6) Subsections 206.4(5) and (6) of the Act are replaced by the following:

    • Marginal note:Aggregate leave — employees

      (5) The aggregate amount of leave that may be taken by employees under this section during the period referred to in subsection (4) must not exceed

      • (a) in respect of the same critically ill child, 37 weeks; or

      • (b) in respect of the same critically ill adult, 17 weeks.

    • Marginal note:Limitation

      (6) No leave may be taken by one or more employees under subsection (2.1) before the end of the period referred to in subsection (4) if leave was granted under subsection (2) in respect of the same person.

    • Marginal note:Limitation — section 206.3

      (7) No leave may be taken by one or more employees under section 206.3 before the end of the leave taken under subsection (2) or (2.1) in respect of the same person.

  •  (1) Paragraph 207(1)(a) of the Act is replaced by the following:

    • (a) unless there is a valid reason for not doing so, give at least four weeks notice in writing to the employer before the day on which the leave is to begin; and

  • (2) Subsection 207(2) of the Act is replaced by the following:

    • Marginal note:Exception — valid reason

      (1.1) If there is a valid reason for not providing notice in accordance with paragraph (1)(a), the employee shall notify the employer in writing as soon as possible that the employee intends to take a leave of absence.

    • Marginal note:Change in length of leave

      (2) Every employee who intends to take or who is on a leave of absence from employment under section 206 or 206.1 shall provide the employer with notice in writing of at least four weeks of any change in the length of leave intended to be taken, unless there is a valid reason why that notice cannot be given, in which case the employee shall provide the employer with notice in writing as soon as possible.

 Subsection 207.2(4) of the Act is replaced by the following:

  • Marginal note:Medical certificate

    (4) The employer may, in writing and no later than 15 days after an employee’s return to work, require the employee to provide a certificate issued by a medical doctor, as defined in subsection 206.3(1), attesting to the child’s hospitalization.

  •  (1) Subsection 207.3(3) of the Act is replaced by the following:

    • Marginal note:Notice — leave of more than four weeks

      (3) If the length of the leave taken under any of sections 206.3 to 206.5 is more than four weeks, the notice in writing of any change in the length of the leave shall be provided on at least four weeks’ notice, unless there is a valid reason why that cannot be done.

  • (2) Subsection 207.3(5) of the Act is replaced by the following:

    • Marginal note:Return to work postponed

      (5) If an employee who takes a leave of more than four weeks under any of sections 206.3 to 206.5 wishes to shorten the length of the leave but does not provide the employer with four weeks’ notice, the employer may postpone the employee’s return to work for a period of up to four weeks after the day on which the employee informs the employer of the new end date of the leave. If the employer informs the employee that their return to work is postponed, the employee is not entitled to return to work until the day that is indicated by the employer.

  •  (1) Paragraph 209.4(a.1) of the Act is repealed.

  • (2) Paragraphs 209.4(d) and (e) of the Act are replaced by the following:

    • (d) enlarging the meaning of care and support in subsections 206.3(1) and 206.4(1), and of critically ill adult and critically ill child in subsection 206.4(1);

    • (e) prescribing other persons to be included in the meanings of family member, medical doctor and nurse practitioner in subsections 206.3(1) and 206.4(1);

    • (e.1) adapting the terminology of the definitions of care, critically ill adult, critically ill child, family member, medical doctor, nurse practitioner and support in the regulations made under the Employment Insurance Act for the purposes of the definitions of those terms in subsections 206.3(1) and 206.4(1) of this Act;

  • (3) Paragraph 209.4(g) of the Act is replaced by the following:

    • (g) prescribing shorter periods of consecutive months of continuous employment for the purposes of subsections 206(1), 206.1(1), 206.4(2) and (2.1) and 206.5(2) and (3);

Coordinating Amendments

Marginal note:2012, c. 27
  •  (1) In this section, other Act means the Helping Families in Need Act.

  • (2) If section 35 of the other Act produces its effects before section 260 of this Act comes into force, then, on the day on which that section 260 comes into force,

    • (a) subsection 206.1(1) of the Canada Labour Code is replaced by the following:

      Marginal note:Entitlement to leave
      • 206.1 (1) Subject to subsections (2) and (3), every employee who has completed six consecutive months of continuous employment with an employer is entitled to and shall be granted a leave of absence from employment of up to 63 weeks to care for

        • (a) a new-born child of the employee;

        • (b) a child who is in the care of the employee for the purpose of adoption under the laws governing adoption in the province in which the employee resides; or

        • (c) a child with respect to whom the employee meets the requirements of paragraph 23(1)(c) of the Employment Insurance Act.

    • (b) subsection 206.1(3) of the Canada Labour Code is replaced by the following:

      • Marginal note:Aggregate leave — two employees

        (3) The aggregate amount of leave that may be taken by two employees under this section in respect of the same event, as described in any of paragraphs (1)(a) to (c), shall not exceed 63 weeks.

  • (3) If section 260 of this Act comes into force before section 35 of the other Act produces its effects, then, on the day on which that section 260 comes into force,

    • (a) that section 35 is replaced by the following:

      Marginal note:2000, c. 12

      35 On the day on which subsection 107(1) of the Modernization of Benefits and Obligations Act comes into force,

      • (a) subsections 206.1(1) and (2) of the Canada Labour Code are replaced by the following:

        Marginal note:Entitlement to leave
        • 206.1 (1) Subject to subsections (2) and (3), every employee who has completed six consecutive months of continuous employment with an employer is entitled to and shall be granted a leave of absence from employment of up to 63 weeks to care for

          • (a) a new-born child of the employee;

          • (b) a child who is in the care of the employee for the purpose of adoption under the laws governing adoption in the province in which the employee resides; or

          • (c) a child with respect to whom the employee meets the requirements of paragraph 23(1)(c) of the Employment Insurance Act.

        • Marginal note:Period when leave may be taken

          (2) The leave of absence granted under this section may only be taken during the 78-week period beginning

          • (a) in the case of a child described in paragraph (1)(a), at the option of the employee, on the day the child is born or comes into the actual care of the employee;

          • (b) in the case of a child described in paragraph (1)(b), on the day the child comes into the actual care of the employee; and

          • (c) in the case of a child described in paragraph (1)(c), on the day the requirements referred to in that paragraph are met.

    • (b) subsection 206.1(3) of the Canada Labour Code is replaced by the following:

      • Marginal note:Aggregate leave — two employees

        (3) The aggregate amount of leave that may be taken by two employees under this section in respect of the same event, as described in any of paragraphs (1)(a) to (c), shall not exceed 63 weeks.

    • (c) section 43 of the Budget Implementation Act, 2000 is repealed.

  • (4) If section 35 of the other Act produces its effects on the day on which section 260 of this Act comes into force, then that section 35 is deemed to have produced its effects before that section 260 comes into force and subsection (2) applies as a consequence.

Coming into Force

Marginal note:Order in council

 This Division, other than sections 257, 258 and 268, comes into force on a day to be fixed by order of the Governor in Council, which may not be earlier than July 10, 2017.

DIVISION 12Canadian Forces Members and Veterans

2005, c. 21Canadian Forces Members and Veterans Re-establishment and Compensation Act

 Section 1 of the Canadian Forces Members and Veterans Re-establishment and Compensation Act is replaced by the following:

Marginal note:Short title

1 This Act may be cited as the Veterans Well-being Act.

 The definition compensation in subsection 2(1) of the Act is replaced by the following:

compensation

compensation means any of the following benefits under this Act, namely, an education and training benefit, an education and training completion bonus, an earnings loss benefit, a supplementary retirement benefit, a Canadian Forces income support benefit, a career impact allowance, a retirement income security benefit, a critical injury benefit, a disability award, a death benefit, a clothing allowance, a detention benefit or a caregiver recognition benefit. (indemnisation)

 Section 3 of the Act is replaced by the following:

Marginal note:Eligibility
  • 3 (1) Subject to this section, the Minister may, on application, provide career transition services to

    • (a) a member who has completed basic training;

    • (b) a veteran who completed basic training and who was released from the Canadian Forces on or after April 1, 2006;

    • (c) a veteran who is entitled to a Canadian Forces income support benefit;

    • (d) a spouse or common-law partner of a veteran who completed basic training and who was released from the Canadian Forces on or after April 1, 2006;

    • (e) a survivor of a member who completed basic training and who died on or after April 1, 2006;

    • (f) a survivor of a veteran who completed basic training and who was released from the Canadian Forces on or after April 1, 2006; and

    • (g) a survivor who is entitled to a Canadian Forces income support benefit.

  • Marginal note:Limitation — member

    (2) Career transition services may be provided to a member only if the member resides in Canada and the Minister is satisfied that they require assistance in making the transition to the civilian labour force.

  • Marginal note:Limitation — veteran

    (3) Career transition services may be provided to a veteran only if

    • (a) the veteran resides in Canada;

    • (b) the Minister is satisfied that the veteran requires assistance in making the transition to the civilian labour force; and

    • (c) the veteran is not receiving rehabilitation services or vocational assistance under Part 2.

  • Marginal note:Limitation — spouse, common-law partner or survivor

    (4) Career transition services may be provided to a spouse, common-law partner or survivor only if they reside in Canada and are not receiving rehabilitation services or vocational assistance under Part 2.

  • Marginal note:Period — spouse or common-law partner of veteran

    (5) A spouse or common-law partner of a veteran who completed basic training and who was released from the Canadian Forces on or after April 1, 2006 may receive career transition services until the later of

    • (a) March 31, 2020, and

    • (b) the second anniversary of the day on which the veteran was released.

 Subsection 4(1) of the Act is replaced by the following:

Marginal note:Assessment of needs
  • 4 (1) The Minister shall, on approving an application made under section 3, assess the needs of the member, veteran, spouse, common-law partner or survivor with respect to the career transition services that may be provided to them under this Part.

 Section 5 of the Act is replaced by the following:

Marginal note:Suspend or cancel

5 The Minister may, in the prescribed circumstances, suspend or cancel the provision of career transition services to a person under this Part.

Marginal note:Regulations

5.1 The Governor in Council may make regulations

  • (a) respecting the career transition services that may be provided under this Part; and

  • (b) defining residence and defining intervals of absence from Canada that shall be deemed not to have interrupted residence in Canada for the purposes of subsections 3(2) to (4).

PART 1.1Education and Training Benefit

Marginal note:Eligibility — veterans
  • 5.2 (1) The Minister may, on application, pay an education and training benefit to a veteran in accordance with section 5.3 or 5.5 if the veteran

    • (a) served for a total of at least six years in the regular force, in the reserve force or in both; and

    • (b) was honourably released from the Canadian Forces on or after April 1, 2006.

  • Marginal note:Maximum cumulative amount

    (2) The maximum cumulative amount that the Minister may pay to a veteran is $40,000 or, if the veteran served for a total of at least 12 years in the regular force, in the reserve force or in both, $80,000.

  • Marginal note:Definitions

    (3) In this section, regular force and reserve force have the same meanings as in subsection 2(1) of the National Defence Act.

Marginal note:Course of study at educational institution
  • 5.3 (1) An education and training benefit may be paid to a veteran entitled to a benefit under this Part in respect of

    • (a) education or training received from an educational institution as part of a course of study leading to the completion of a degree, diploma, certification or designation; and

    • (b) any expenses, including living expenses, that may be incurred by the veteran while enrolled at the institution.

  • Marginal note:Request for payment

    (2) A veteran requesting payment in respect of education or training described in paragraph (1)(a) shall provide the Minister with proof of acceptance, enrolment or registration at the institution for an upcoming period of study and with any prescribed information.

  • Marginal note:Additional information

    (3) The Minister may request that the veteran provide the Minister with additional information for the purpose of making the determination under subsection (4).

  • Marginal note:Minister’s determination

    (4) On being provided with the proof and information, the Minister shall, if he or she is satisfied that the requested payment may be made to the veteran, determine

    • (a) the amount of the payment;

    • (b) the period of study to which that amount is allocated; and

    • (c) the day on which the payment is to be made.

  • Marginal note:Payment day

    (5) The day on which the payment is to be made must be no earlier than the 60th day before

    • (a) the day on which fees for the education or training are due to be paid to the institution in respect of the period of study; or

    • (b) the day on which the period of study begins, if the institution fixes no day on which the fees are due.

Marginal note:Education and training completion bonus

5.4 On application, the Minister may pay, over and above an education and training benefit, an education and training completion bonus in the prescribed amount to a veteran who receives a degree, diploma, certification or designation in respect of which they received a payment of an education and training benefit under section 5.3.

Marginal note:Other education or training
  • 5.5 (1) An education and training benefit may be paid to a veteran entitled to a benefit under this Part for fees charged by the provider of any education or training, other than education or training described in paragraph 5.3(1)(a), that is approved by the Minister.

  • Marginal note:Maximum cumulative amount

    (2) The maximum cumulative amount that may be paid to a veteran for such fees is the prescribed amount.

  • Marginal note:Request for payment

    (3) A veteran requesting payment for such fees shall provide the Minister with a description of the education or training, the amount of the fees, the name of the provider and any prescribed information.

  • Marginal note:Additional information

    (4) The Minister may request that the veteran provide the Minister with additional information for the purpose of making the determination under subsection (5).

  • Marginal note:Minister’s determination

    (5) On being provided with the information referred to in subsections (3) and (4), the Minister may approve the education or training and shall, if he or she gives the approval and is satisfied that the requested payment may be made to the veteran, determine

    • (a) the amount of the payment; and

    • (b) the day on which the payment is to be made.

  • Marginal note:Payment day

    (6) The day on which the payment is to be made must be no earlier than the 60th day before

    • (a) the day on which fees for the education or training are due to be paid to the provider; or

    • (b) the day on which the education or training begins, if the provider fixes no day on which the fees are due.

Marginal note:No payment to member

5.6 For greater certainty, the Minister is not permitted to pay an education and training benefit to a person who is a member.

Marginal note:No payment — other services or benefit

5.7 The Minister is not permitted to pay an education and training benefit to a veteran if they are being provided with rehabilitation services or vocational assistance under Part 2, or are entitled to a Canadian Forces income support benefit under that Part.

Marginal note:Limitation — incarceration

5.8 If a veteran is incarcerated in a correctional institution and is not responsible for paying their living expenses, the Minister may limit the amount of an education and training benefit payable to the veteran to the amount that is, in the Minister’s opinion, required to allow the veteran to participate in the education or training.

Marginal note:Duration of benefit
  • 5.9 (1) An education and training benefit ceases to be payable to a veteran on the later of

    • (a) April 1, 2028, and

    • (b) the day after the 10th anniversary of the day on which the veteran was last released from the Canadian Forces.

  • Marginal note:Education or training ending after cessation

    (2) A payment of an education and training benefit that is made before the day on which the benefit ceases to be payable may be made in respect of education or training that ends on or after that day.

  • Marginal note:Exception

    (3) Despite subsection (1), the Minister may, in the prescribed circumstances, pay an education and training benefit after it would otherwise cease to be payable.

Marginal note:Limitation

5.91 The Minister is not permitted to pay an education and training benefit to a veteran after the day on which they receive the last of the payments totalling the maximum cumulative amount to which they are entitled on that day, despite any adjustment to the maximum cumulative amount that is made under the regulations after that day.

Marginal note:Suspension or cancellation

5.92 The Minister may, in the prescribed circumstances, suspend the payment of an education and training benefit or cancel the benefit.

Marginal note:Regulations

5.93 The Governor in Council may make regulations

  • (a) prescribing how the length of service in the reserve force is to be determined for the purposes of paragraph 5.2(1)(a);

  • (b) respecting what constitutes honourable release for the purpose of paragraph 5.2(1)(b);

  • (c) providing for the periodic adjustment of the maximum cumulative amount referred to in subsection 5.2(2);

  • (d) defining educational institution for the purposes of paragraph 5.3(1)(a);

  • (e) prescribing the education or training that may or may not be approved by the Minister under section 5.5; and

  • (f) defining what constitutes incarceration in a correctional institution for the purposes of section 5.8.

 Section 40.5 of the Act is repealed.

 Section 42 of the Act is replaced by the following:

Marginal note:Non-application of this Part

42 This Part, other than sections 44.1 and 44.2, does not apply in respect of an injury or a disease, or the aggravation of an injury or a disease, if the injury or disease, or the aggravation, is one for which a pension may be granted under the Pension Act.

 Section 44.3 of the Act is repealed.

 The heading to Part 3.1 of the Act is replaced by the following:

Caregiver Recognition Benefit

  •  (1) The portion of subsection 65.1(1) of the Act before paragraph (a) is replaced by the following:

    Marginal note:Eligibility
    • 65.1 (1) The Minister may, on application by a veteran, pay a caregiver recognition benefit to a person designated by the veteran if

  • (2) Paragraphs 65.1(1)(a) and (b) of the English version of the Act are replaced by the following:

    • (a) the veteran has had an application for a disability award approved under section 45;

    • (b) as a result of the disability for which the application for a disability award was approved, the veteran requires ongoing care;

  • (3) Paragraph 65.1(1)(c) of the Act is replaced by the following:

    • (b.1) the veteran has not been awarded a pension or compensation as those terms are defined in subsection 3(1) of the Pension Act;

    • (c) the designated person is 18 years of age or older and plays an essential role in the provision or coordination of the ongoing care to the veteran in the veteran’s home for which the person receives no remuneration; and

  • (4) Subsections 65.1(3) and (4) of the Act are replaced by the following:

    • Marginal note:Factors to be considered

      (3) In deciding whether a designated person plays an essential role in the provision or coordination of the ongoing care to the veteran in the veteran’s home, the Minister shall consider only prescribed factors.

 Sections 65.2 and 65.3 of the Act are replaced by the following:

Marginal note:Amount of benefit

65.2 The monthly amount of a caregiver recognition benefit that is payable to a designated person shall be the amount set out in column 2 of item 5 of Schedule 2.

Marginal note:Only one designated person

65.21 A veteran may, for the purpose of subsection 65.1(1), designate only one person at a time.

Marginal note:When benefit payable
  • 65.22 (1) Subject to subsection (2), a caregiver recognition benefit begins to be payable on the first day of the month in which the application for the benefit is made.

  • Marginal note:Replacement of designated person

    (2) If a veteran, by means of a new application for a caregiver recognition benefit, replaces the designated person with a new designated person, the caregiver recognition benefit begins to be payable to the new designated person on the later of

    • (a) the first day of the month in which the new application is made, and

    • (b) the day on which the benefit ceases to be payable to the previously designated person.

Marginal note:When benefit ceases to be payable

65.23 A caregiver recognition benefit ceases to be payable on the earliest of

  • (a) the first day of the month after the month in which the conditions of eligibility set out in paragraphs 65.1(1)(a) to (d) are no longer met,

  • (b) the first day of the month after the month in which the veteran makes a new application to replace the designated person with a new designated person, or

  • (c) the first day of the month after the month in which the veteran or the designated person dies.

Marginal note:Change in circumstances — veteran
  • 65.24 (1) A veteran shall inform the Minister if there is any change in circumstances relating to the conditions of eligibility set out in paragraphs 65.1(1)(a) to (d) or if the designated person dies.

  • Marginal note:Change in circumstances — designated person

    (2) A designated person shall inform the Minister if there is any change in circumstances relating to the conditions of eligibility set out in paragraph 65.1(1)(c) or if the veteran who designated the person dies.

Marginal note:Assessment

65.3 The Minister may, for the purpose of determining whether a designated person may continue to receive a caregiver recognition benefit, require the veteran who designated the person to undergo an assessment by a person specified by the Minister.

Marginal note:Suspension or cancellation

65.31 The Minister may, in the prescribed circumstances, suspend the payment of a caregiver recognition benefit or cancel the benefit.

 The Act is amended by adding the following after section 78:

Waiver

Marginal note:Waiver of requirement for application
  • 78.1 (1) The Minister may waive the requirement for an application for compensation, career transition services, rehabilitation services or vocational assistance under this Act if he or she believes, based on information that has been collected or obtained by him or her in the exercise of the Minister’s powers or the performance of the Minister’s duties and functions, that a person may be eligible for the compensation, services or assistance if they were to apply for it.

  • Marginal note:Notice of intent

    (2) If the Minister intends to waive the requirement for an application in respect of a person, the Minister shall notify the person in the prescribed manner of that intention.

  • Marginal note:Accepting waiver

    (3) The person may accept to have the requirement for an application waived by notifying the Minister in the prescribed manner of their decision to accept the waiver and, in that case, the person shall, in any period specified by the Minister, provide him or her with any information or document that he or she requests.

  • Marginal note:Date of waiver

    (4) The requirement for an application is waived on the day on which the Minister receives the person’s notice of their decision to accept the waiver of the requirement.

  • Marginal note:Minister may require application

    (5) The Minister may, at any time after he or she notifies the person of his or her intention to waive the requirement for an application and for any reason that he or she considers reasonable in the circumstances, including if the person does not provide the Minister with the information that he or she requested in the period that he or she specifies, require that the person make an application and, in that case, the Minister shall notify the person in writing of that requirement.

  • Marginal note:Waiver cancelled

    (6) A waiver is cancelled on the day on which the Minister notifies the person that they are required to make an application.

Marginal note:Effect of waiver
  • 78.2 (1) If the requirement for an application for compensation, career transition services, rehabilitation services or vocational assistance under this Act is waived by the Minister, the application is deemed to have been made on the day on which the requirement is waived.

  • Marginal note:Effect of cancelling waiver

    (2) Despite subsection (1), if the waiver is cancelled after the day on which the Minister receives the person’s notice of their decision to accept the waiver, no application is deemed to have been made.

 Section 83 of the Act is replaced by the following:

Marginal note:Review of decision under Part 1, 1.1, 2 or 3.1

83 Subject to the regulations, the Minister may, on application or on the Minister’s own motion, review a decision made under Part 1, 1.1, 2 or 3.1 or under this section.

 The Act is amended by adding the following after section 87:

Payments

Marginal note:Amount paid to survivor
  • 87.1 (1) Any amount that is payable under this Act to a person who dies before receiving it, is to be paid to their survivor.

  • Marginal note:Amount paid to estate or succession

    (2) However, the amount is to be paid to the person’s estate or succession if they have no survivor or their survivor dies before receiving the amount.

  • Marginal note:Definition of survivor

    (3) For the purposes of subsections (1) and (2), survivor, in relation to a deceased person, means

    • (a) their spouse who was, at the time of the person’s death, residing with them; or

    • (b) the person who was, at the time of the person’s death, cohabiting with them in a conjugal relationship and had done so for a period of at least one year.

  •  (1) The portion of subsection 88(4) of the English version of the Act before paragraph (a) is replaced by the following:

    • Marginal note:Erroneous payments of benefits or allowances

      (4) Despite anything in this Act, the Minister may continue the payment of an education and training benefit, earnings loss benefit, a Canadian Forces income support benefit, a career impact allowance, a retirement income security benefit, a clothing allowance or a caregiver recognition benefit, in whole or in part, to a person who is not entitled to it, or not entitled to a portion of it, if

  • (2) Paragraph 88(4)(d) of the English version of the Act is replaced by the following:

    • (d) the benefit or allowance has been paid to the person for five years or more or, in the case of an education and training benefit, for three years or more.

  • (3) Subsection 88(4) of the French version of the Act is replaced by the following:

    • Marginal note:Indemnisation erronée

      (4) Malgré les autres dispositions de la présente loi, le ministre peut continuer de verser à la personne, bien que celle-ci n’y ait pas droit, tout ou partie de l’allocation pour études et formation, de l’allocation pour perte de revenus, de l’allocation de soutien du revenu, de l’allocation pour incidence sur la carrière, de l’allocation de sécurité du revenu de retraite, de l’allocation vestimentaire ou de l’allocation de reconnaissance pour aidant dont le montant résulte d’une erreur, d’un retard ou d’un oubli de la part d’un cadre ou fonctionnaire de l’administration publique fédérale et a fait l’objet d’une remise au motif prévu à l’alinéa (3)d), s’il estime que le versement, fait depuis au moins cinq ans, ou depuis au moins trois ans dans le cas de l’allocation pour études et formation, ne résulte pas d’une déclaration trompeuse ou de la dissimulation de faits importants de la part de cette personne et que son annulation ou sa réduction lui causerait un préjudice abusif.

 Paragraphs 94(e) to (g) of the Act are replaced by the following:

  • (e) respecting the provision of any information, declaration or document to the Minister by any person who applies for or is in receipt of career transition services, an education and training benefit, an education and training completion bonus, rehabilitation services, vocational assistance, an earnings loss benefit, a Canadian Forces income support benefit, a career impact allowance, a retirement income security benefit or a clothing allowance under this Act, and authorizing the Minister to suspend delivery of the services or assistance or payment of the benefit, bonus or allowance until the information, declaration or document is provided;

  • (e.1) respecting the provision of any information, declaration or document to the Minister by any veteran who applies for a caregiver recognition benefit under subsection 65.1(1) or by the person designated in the application, and authorizing the Minister to suspend payment of the benefit until the information, declaration or document is provided;

  • (f) respecting the procedure to be followed by the Minister in suspending or cancelling career transition services, rehabilitation services, vocational assistance or payment of compensation;

  • (g) providing for a review of any decisions made under Part 1, 1.1, 2 or 3.1 or under section 83, including the grounds for review, the powers on review and the number of reviews;

 Section 94.1 of the Act is replaced by the following:

Marginal note:Retroactive application of regulations

94.1 Regulations made in respect of the retirement income security benefit and the caregiver recognition benefit under subsections 40.1(5), 40.2(5), 40.3(5) and 40.4(5) and sections 41, 65.4 and 94 may, if they so provide, be retroactive.

 Item 5 of Schedule 2 to the Act is replaced by the following:

Column 1Column 2
ItemAllowance or BenefitAmount ($)
5Caregiver recognition benefit1,000.00 (monthly)

R.S., c. P-6Pension Act

  •  (1) The portion of subsection 3.1(1) of the Pension Act before paragraph (a) is replaced by the following:

    Marginal note:No award payable
    • 3.1 (1) Despite any other provision of this Act, no award is payable under this Act in respect of any application made by or in respect of a member of the forces after April 1, 2006 unless

  • (2) Paragraph 3.1(1)(b) of the Act is replaced by the following:

    • (b) the application is in respect of the death of a member of the forces, if the death occurred before April 1, 2006 or is the result of an injury or a disease, or the aggravation of an injury or a disease, for which a pension has been granted;

  • (3) Paragraph 3.1(1)(e) of the Act is replaced by the following:

    • (e) the Minister has determined under the Veterans Well-being Act that the injury or disease, or the aggravation of the injury or disease, for which the application is made is inseparable — for the purpose of assessing the extent of disability — from an injury or a disease, or the aggravation of an injury or a disease, for which a pension has been granted; or

  • (4) Subsection 3.1(2) of the Act is replaced by the following:

    • Marginal note:Exception

      (2) Subsection (1) does not apply in respect of an application for compensation made under Part III.1 if the application relates to a period spent as a prisoner of war that began before April 1, 2006.

 Subsection 35(1.2) of the Act is replaced by the following:

  • Marginal note:Assessments under Veterans Well-being Act

    (1.2) Any disability assessments under the Veterans Well-being Act shall be taken into account for the purpose of determining whether the extent of disability exceeds 100%.

 Subsection 38(2) of the Act is repealed.

R.S., c. V-1Department of Veterans Affairs Act

  •  (1) Paragraph 5(b) of the Department of Veterans Affairs Act is repealed.

  • (2) Subparagraph 5(c.1)(i) of the Act is replaced by the following:

    • (i) the circumstances in which a person is required to make payments in respect of all or part of the cost of accommodation and meals in a hospital, home or other institution,

Terminology Changes

Marginal note:Replacement of “Canadian Forces Members and Veterans Re-establishment and Compensation Act

Transitional Provisions

Marginal note:Payment or reimbursement
  •  (1) On or after April 1, 2018, the Minister of Veterans Affairs may, in accordance with Part 1 of the Veterans Well-being Act and the regulations, as they read immediately before that day, pay or reimburse fees that are in respect of career transition services provided under that Part before that day.

  • Marginal note:Application of section 87.1

    (2) Section 87.1 of the Veterans Well-being Act applies with respect to an amount payable under subsection (1) to a person to whom career transition services were provided.

Marginal note:Services before April 1, 2018

 A person who is entitled, on March 31, 2018, to receive career transition services under the Veterans Well-being Act need not re-apply for career transition services under section 3 of that Act, as it reads on April 1, 2018, if they meet the requirements of that section.

Marginal note:Cessation of family caregiver relief benefits
  •  (1) Subject to subsection (2), all family caregiver relief benefits under Part 3.1 of the Veterans Well-being Act as it read on March 31, 2018 cease to be payable on April 1, 2018.

  • Marginal note:Applications made before April 1, 2018

    (2) An application for a family caregiver relief benefit that is made under subsection 65.1(1) of the Veterans Well-being Act as it read on March 31, 2018 and that is received by the Minister before April 1, 2018 is to be dealt with in accordance with that Act as it read on March 31, 2018. If the application is approved, the veteran is entitled to the benefit for only one year.

Marginal note:April 1, 2006

 Paragraph 94(j.1) of the Canadian Forces Members and Veterans Re-establishment and Compensation Act is deemed to have come into force on April 1, 2006.

Consequential Amendments

2012, c. 19Jobs, Growth and Long-term Prosperity Act

 Division 50 of the Jobs, Growth and Long-term Prosperity Act is repealed.

2016, c. 7Budget Implementation Act, 2016, No. 1

 Section 115 of the Budget Implementation Act, 2016, No. 1 and the heading before it are repealed.

Coming into Force

Marginal note:April 1, 2018

 The provisions of this Division, other than sections 290, 291 and 296, come into force on April 1, 2018.

DIVISION 132001, c. 27Immigration and Refugee Protection Act

  •  (1) Section 10.1 of the Immigration and Refugee Protection Act is amended by adding the following after subsection (1):

    • Marginal note:Invitation to provincial nominees

      (1.1) A foreign national who is a member of a portion of the prescribed class of provincial nominees set out in an instruction given under paragraph 10.3(1)(a) may be issued an invitation only in respect of that class.

  • (2) Section 10.1 of the Act is amended by adding the following after subsection (6):

    • Marginal note:Declining invitation

      (7) Subsection (6) does not apply to a foreign national who declines an invitation to make an application within the period specified in an instruction given under paragraph 10.3(1)(k).

  •  (1) Paragraph 10.3(1)(h) of the French version of the Act is replaced by the following:

    • h) la base sur laquelle peuvent être classés les uns par rapport aux autres les étrangers qui peuvent être invités à présenter une demande;

  • (2) Paragraph 10.3(1)(i) of the Act is replaced by the following:

    • (i) the rank an eligible foreign national must occupy to be invited to make an application in respect of a class referred to in an instruction given under paragraph (a);

  • (3) Subsection 10.3(3) of the Act is replaced by the following:

    • Marginal note:Application of instructions

      (3) An instruction given under any of paragraphs (1)(a), (b) and (e) to (l) applies in respect of an expression of interest that is submitted before the day on which the instruction takes effect, unless the instruction provides otherwise.

 Section 10.4 of the Act is replaced by the following:

Marginal note:Disclosure of information

10.4 For the purpose of facilitating the selection of a foreign national as a member of the economic class or as a temporary resident, the Minister may disclose to an entity that is referred to in an instruction given under paragraph 10.3(1)(g) the personal information referred to in that instruction that is

  • (a) provided to the Minister by the foreign national under section 10.1 or by a third party for the purposes of section 10.1 or 10.2; or

  • (b) created by the Minister, on the basis of the information referred to in paragraph (a), for the purposes of sections 10.1 to 10.3.

  •  (1) Section 11.2 of the French version of the Act is replaced by the following:

    Marginal note:Visa ou autre document ne pouvant être délivré

    11.2 Ne peut être délivré à l’étranger à qui une invitation à présenter une demande de résidence permanente a été formulée en vertu de la section 0.1 un visa ou autre document à l’égard de la demande si, lorsque l’invitation a été formulée ou que la demande a été reçue par l’agent, il ne répondait pas aux critères prévus dans une instruction donnée en vertu de l’alinéa 10.3(1)e) ou il n’avait pas les attributs sur la base desquels il a été classé au titre d’une instruction donnée en vertu de l’alinéa 10.3(1)h) et sur la base desquels cette invitation a été formulée.

  • (2) Section 11.2 of the Act is renumbered as subsection 11.2(1) and is amended by adding the following:

    • Marginal note:Exceptions

      (2) Despite subsection (1), an officer may issue the visa or other document if, at the time the officer received their application,

      • (a) the foreign national did not meet the criteria set out in an instruction given under paragraph 10.3(1)(e) — or did not have the qualifications on the basis of which they were ranked under an instruction given under paragraph 10.3(1)(h) — because the applicant’s birthday occurred after the invitation was issued; or

      • (b) the foreign national did not have the qualifications they had at the time the invitation was issued and on the basis of which they were ranked under an instruction given under paragraph 10.3(1)(h), but

        • (i) they met the criteria set out in an instruction given under paragraph 10.3(1)(e), and

        • (ii) they occupied a rank that is not lower than the rank that a foreign national was required to have occupied to be invited to make an application.

  •  (1) Subsection 89(1.2) of the Act is replaced by the following:

    • Marginal note:Service Fees Act

      (1.2) The Service Fees Act does not apply to a fee for the provision of services in relation to the processing of an application

      • (a) for a temporary resident visa or permanent resident visa;

      • (b) for a work permit or study permit;

      • (c) for an extension of an authorization to remain in Canada as a temporary resident;

      • (d) to remain in Canada as a permanent resident;

      • (e) to sponsor a foreign national as a member of the family class;

      • (f) to make the request referred to in subsection 25(1);

      • (g) for a travel document issued under subsection 31(3); and

      • (h) for a permanent resident card.

  • (2) Section 89 of the Act is amended by adding the following after subsection (3):

    • Marginal note:Service Fees Act

      (4) The Service Fees Act does not apply to a fee for the examination of the circumstances of a foreign national under subsection 25.2(1).

 The Act is amended by adding the following after section 89.1:

Marginal note:Service Fees Act

89.11 The Service Fees Act does not apply to fees for the acquisition of permanent resident status.

DIVISION 141996, c. 23Employment Insurance Act

Amendments to the Act

 Section 58 of the Employment Insurance Act is replaced by the following:

Marginal note:Definition of insured participant

58 In this Part, insured participant means an insured person who requests assistance under employment benefits and, when requesting the assistance, is an unemployed person for whom a benefit period is established or whose benefit period has ended within the previous 60 months or an unemployed person who paid, in at least 5 of the last 10 years, employee’s premiums that did not entitle the person to a refund under subsection 96(4).

  •  (1) Paragraph 60(4)(a) of the Act is replaced by the following:

    • (a) organizations that provide employment assistance services;

  • (2) Paragraph 60(5)(a) of the Act is replaced by the following:

    • (a) provide assistance for employed persons unless they are facing a loss of their employment or need assistance to maintain their employment; or

 Subsection 63(2) of the Act is repealed.

 Section 63.1 of the Act is repealed.

 Schedule III to the Act is repealed.

Coming into Force

Marginal note:April 1, 2018

 This Division comes into force on April 1, 2018.

DIVISION 15Agreements — Minister of Transport

R.S., c. A-2Aeronautics Act

 The Aeronautics Act is amended by adding the following after section 4.4:

Marginal note:Agreement — cost recovery
  • 4.401 (1) The Minister may enter into an agreement with any person or organization respecting any matter for which a regulation made under subsection 4.4(1) or (2) could impose a charge.

  • Marginal note:Regulations — exemption

    (2) If both an agreement entered into under subsection (1) and a regulation made under subsection 4.4(1) or (2) relate to the same matter, the regulation does not apply to the person or organization that has entered into the agreement in respect of the matter for which payment is required under the agreement.

  • Marginal note:Recovery

    (3) When the Minister enters into an undertaking with respect to a matter for which payment of an amount is required from the other party under the terms of an agreement entered into under subsection (1), the undertaking is deemed, for the purposes of recovering that amount, not to be a duty of the Minister under this Act.

  • Marginal note:Debt due to Her Majesty

    (4) All amounts payable under an agreement entered into under subsection (1) and any interest payable on them constitute a debt due to Her Majesty in right of Canada and may be recovered as such in any court of competent jurisdiction.

  • Marginal note:Spending

    (5) The Minister may spend the amounts received under an agreement entered into under subsection (1) in the fiscal year in which they are received or in the next fiscal year.

 Section 4.41 of the Act is replaced by the following:

Marginal note:Civil air navigation services
  • 4.41 (1) An order or regulation must not be made under this Part that has the effect of imposing charges for civil air navigation services, and an agreement must not be entered into under subsection 4.401(1) that has the effect of requiring payment for those services.

  • Marginal note:Minister of National Defence

    (2) An order or regulation must not be made under this Part that has the effect of imposing charges for air navigation services provided by or on behalf of the Minister of National Defence, and an agreement must not be entered into under subsection 4.401(1) that has the effect of requiring payment for those services, if

    • (a) the charges or payments are for services referred to in subsection 10(1) of the Civil Air Navigation Services Commercialization Act; or

    • (b) the charges or payments are for services that are similar to services that the ANS Corporation provides and charges for in respect of Canadian airspace or any other airspace in respect of which Canada has responsibility for the provision of air traffic control services.

R.S., c. N-22; 2012, c. 31, s. 316Navigation Protection Act

 The Navigation Protection Act is amended by adding the following after section 27:

Marginal note:Agreement — cost recovery
  • 27.1 (1) The Minister may enter into an agreement with any person or organization respecting any matter for which a regulation made under paragraph 28(1)(b) could prescribe a fee.

  • Marginal note:Regulations — exemption

    (2) If both an agreement entered into under subsection (1) and a regulation made under paragraph 28(1)(b) relate to the same matter, the regulation does not apply to the person or organization that has entered into the agreement in respect of the matter for which payment is required under the agreement.

  • Marginal note:Recovery

    (3) When the Minister enters into an undertaking with respect to a matter for which payment of an amount is required from the other party under the terms of an agreement entered into under subsection (1), the undertaking is deemed, for the purposes of recovering that amount, not to be a duty of the Minister under this Act.

  • Marginal note:Debt due to Her Majesty

    (4) All amounts payable under an agreement entered into under subsection (1) and any interest payable on them constitute a debt due to Her Majesty in right of Canada.

  • Marginal note:Spending

    (5) The Minister may spend the amounts received under an agreement entered into under subsection (1) in the fiscal year in which they are received or in the next fiscal year.

R.S., c. 32 (4th Supp.)Railway Safety Act

 The Railway Safety Act is amended by adding the following after section 47.3:

Agreements

Marginal note:Agreement — cost recovery
  • 47.4 (1) The Minister may enter into an agreement with any person respecting any matter for which a regulation made under subsection 47.2(1) could prescribe a fee or charge.

  • Marginal note:Regulations — exemption

    (2) If both an agreement entered into under subsection (1) and a regulation made under subsection 47.2(1) relate to the same matter, the regulation does not apply to the person who has entered into the agreement in respect of the matter for which payment is required under the agreement.

  • Marginal note:Recovery

    (3) When the Minister enters into an undertaking with respect to a matter for which payment of an amount is required from the other party under the terms of an agreement entered into under subsection (1), the undertaking is deemed, for the purposes of recovering that amount, not to be a duty of the Minister under this Act.

  • Marginal note:Debt due to Her Majesty

    (4) All amounts payable under an agreement entered into under subsection (1) and any interest payable on them constitute a debt due to Her Majesty in right of Canada.

  • Marginal note:Spending

    (5) The Minister may spend the amounts received under an agreement entered into under subsection (1) in the fiscal year in which they are received or in the next fiscal year.

2001, c. 26Canada Shipping Act, 2001

 The Canada Shipping Act, 2001 is amended by adding the following after section 36:

Marginal note:Agreement — cost recovery
  • 36.01 (1) The Minister of Transport may enter into an agreement with any person or organization respecting any matter for which a regulation made under paragraph 35(1)(g) could prescribe a fee.

  • Marginal note:Regulations — exemption

    (2) If both an agreement entered into under subsection (1) and a regulation made under paragraph 35(1)(g) relate to the same matter, the regulation does not apply to the person or organization that has entered into the agreement in respect of the matter for which payment is required under the agreement.

  • Marginal note:Recovery

    (3) When the Minister of Transport enters into an undertaking in respect of a matter for which payment of an amount is required from the other party under the terms of an agreement entered into under subsection (1), the undertaking is deemed, for the purposes of recovering that amount, not to be a duty of the Minister under this Act.

  • Marginal note:Debt due to Her Majesty

    (4) All amounts payable under an agreement entered into under subsection (1) and any interest payable on them constitute a debt due to Her Majesty in right of Canada and may be recovered as such in any court of competent jurisdiction.

  • Marginal note:Spending

    (5) The Minister of Transport may spend the amounts received under an agreement entered into under subsection (1) in the fiscal year in which they are received or in the next fiscal year.

DIVISION 16R.S., c. F-27Food and Drugs Act

 The Food and Drugs Act is amended by adding the following after section 30.6:

Fees

Marginal note:Fees
  • 30.61 (1) The Minister may, by order, fix the following fees in relation to a drug, device, food or cosmetic:

    • (a) fees to be paid for a service, or the use of a facility, provided under this Act;

    • (b) fees to be paid in respect of regulatory processes or approvals provided under this Act; and

    • (c) fees to be paid in respect of products, rights and privileges provided under this Act.

  • Marginal note:Amount not to exceed cost

    (2) A fee fixed under paragraph (1)(a) may not exceed the cost to Her Majesty in right of Canada of providing the service or the use of the facility.

  • Marginal note:Aggregate amount not to exceed cost

    (3) Fees fixed under paragraph (1)(b) may not in the aggregate exceed the cost to Her Majesty in right of Canada in respect of providing the regulatory processes or approvals.

Marginal note:Consultation

30.62 Before making an order under subsection 30.61(1), the Minister shall consult with any persons that the Minister considers to be interested in the matter.

Marginal note:Remission of fees
  • 30.63 (1) The Minister may, by order, remit all or part of any fee fixed under subsection 30.61(1) and the interest on it.

  • Marginal note:Remission may be conditional

    (2) A remission granted under subsection (1) may be conditional.

  • Marginal note:Conditional remission

    (3) If a remission granted under subsection (1) is conditional and the condition is not fulfilled, then the remission is cancelled and is deemed never to have been granted.

Marginal note:Non-payment of fees

30.64 The Minister may withdraw or withhold a service, the use of a facility, a regulatory process or approval or a product, right or privilege under this Act from any person who fails to pay the fee fixed for it under subsection 30.61(1).

Marginal note:Adjustment of amounts
  • 30.65 (1) An order made under subsection 30.61(1) may prescribe rules for the adjustment of the amount of the fee by any amounts or ratios that are referred to in the order, for the period that is specified in the order.

  • Marginal note:Notice of adjusted amount

    (2) The amount of a fee that is subject to an adjustment rule remains unadjusted for the specified period unless, before the beginning of that period, the Minister publishes a notice in the Canada Gazette that specifies the adjusted amount and the manner in which it was determined.

Marginal note:Service Fees Act

30.66 The Service Fees Act does not apply to a fee fixed under subsection 30.61(1).

DIVISION 17Labour and Employment Laws

R.S., c. L-2Canada Labour Code

  •  (1) Section 2 of the Canada Labour Code is amended by adding the following in alphabetical order:

    external adjudicator

    external adjudicator means a person appointed under subsection 12.001(1); (arbitre externe)

  • (2) Section 2 of the Act is amended by adding the following in alphabetical order:

    Board

    Board means the Canada Industrial Relations Board established by section 9; (Conseil)

 The definition Board in subsection 3(1) of the Act is repealed.

  •  (1) Paragraph 9(2)(e) of the Act is replaced by the following:

    • (e) any other full-time or part-time members that the Governor in Council considers necessary to assist the Board in carrying out its functions under Parts II and III.

  • (2) Paragraph 9(2)(e) of the Act is replaced by the following:

    • (e) any other full-time or part-time members that the Governor in Council considers necessary to assist the Board in carrying out its functions under Parts II, III and IV.

 Section 10.1 of the Act is renumbered as subsection 10.1(1) and is amended by adding the following:

  • Marginal note:Exemption

    (2) The Governor in Council may, by order, exempt a member from the requirement set out in subsection (1), subject to any conditions that the Governor in Council may prescribe.

  •  (1) The Act is amended by adding the following after section 12:

    Marginal note:Appointment of external adjudicator
    • 12.001 (1) The Chairperson may, if the Chairperson considers it advisable, appoint an external adjudicator to determine any matter that comes before the Board under Part II or III.

    • Marginal note:Powers, duties and functions

      (2) An external adjudicator has all the powers, duties and functions that are conferred on the Board by this Act with respect to any matter for which they have been appointed.

    • Marginal note:Decision of external adjudicator

      (3) An order or decision made or a direction issued by an external adjudicator under this Act is deemed to be an order or decision made or a direction issued by the Board, as the case may be.

    • Marginal note:Remuneration and expenses

      (4) An external adjudicator shall be paid the remuneration and the fees that may be fixed by the Chairperson and is entitled to be paid reasonable travel and living expenses incurred by them in the course of their duties while absent from their ordinary place of residence.

  • (2) Subsection 12.001(1) of the Act is replaced by the following:

    Marginal note:Appointment of external adjudicator
    • 12.001 (1) The Chairperson may, if the Chairperson considers it advisable, appoint an external adjudicator to determine any matter that comes before the Board under Part II, III or IV.

 Subsections 12.02(2) and (3) of the Act are replaced by the following:

  • Marginal note:Quorum

    (2) For the purposes of subsection (1), the following persons constitute a quorum:

    • (a) subject to paragraph (b), the Chairperson, two Vice-Chairpersons and two other members representing, respectively, employees and employers; or

    • (b) at a meeting held for the making of regulations respecting matters that are not governed by Part I, the Chairperson, two Vice-Chairpersons and, if two or more full-time members have been appointed under paragraph 9(2)(e), two of those members.

  • Marginal note:Equal representation

    (3) If, at a meeting referred to in subsection (1) held for the making of regulations respecting matters that are governed by Part I, there is an unequal number of members representing employers and employees, the Chairperson shall designate an equal number of members who are authorized to vote on the making of those regulations and who represent employers and employees respectively.

  • Marginal note:Members not permitted to vote

    (4) Members who represent employees or employers are not permitted to vote on the making of regulations respecting matters that are not governed by Part I.

  •  (1) The Act is amended by adding the following after section 12.05:

    Marginal note:Limitation of liability

    12.051 The Chairperson, Vice-Chairpersons and other members are not personally liable, either civilly or criminally, for anything done or omitted to be done by them in good faith in the exercise or purported exercise of any power, or in the performance or purported performance of any duty or function, conferred on them under this Act.

  • (2) Section 12.051 of the Act is replaced by the following:

    Marginal note:Limitation of liability

    12.051 The Chairperson, Vice-Chairpersons, other members and external adjudicators are not personally liable, either civilly or criminally, for anything done or omitted to be done by them in good faith in the exercise or purported exercise of any power, or in the performance or purported performance of any duty or function, conferred on them under this Act.

  •  (1) Subsection 14(1) of the Act is replaced by the following:

    Marginal note:Panels
    • 14 (1) Subject to subsections (3) and (3.1), a panel of not fewer than three members, at least one of whom is the Chairperson or a Vice-Chairperson, may determine any matter that comes before the Board under this Act.

  • (2) Subsections 14(4) and (5) of the Act are replaced by the following:

    • Marginal note:Single person — Parts II and III

      (3.1) The Chairperson, a Vice-Chairperson or a member appointed under paragraph 9(2)(e) may alone determine a matter that comes before the Board under Part II or III.

    • Marginal note:Deemed panel

      (4) The Chairperson, a Vice-Chairperson or another member who determines a matter under subsection (3) or (3.1) is deemed to be a panel.

    • Marginal note:Powers, duties and functions

      (5) A panel has all the powers, duties and functions that are conferred on the Board by this Act with respect to any matter assigned to the panel.

  • (3) Subsection 14(3.1) of the Act is replaced by the following:

    • Marginal note:Single person — Parts II, III and IV

      (3.1) The Chairperson, a Vice-Chairperson or a member appointed under paragraph 9(2)(e) may alone determine a matter that comes before the Board under Part II, III or IV.

 Subsection 14.2(2) of the Act is replaced by the following:

  • Marginal note:Time limit

    (2) If a decision is to be made under this Part, the panel shall make it and give notice of it to the parties no later than 90 days after the day on which the panel reserved the decision or within any further period that may be determined by the Chairperson.

  •  (1) Paragraph 15(g) of the Act is replaced by the following:

    • (g) the hearing or determination of any application, complaint, question, dispute, difference or appeal that may be made or referred to the Board;

  • (2) Section 15 of the Act is amended by striking out “and” at the end of paragraph (p) and by replacing paragraph (q) with the following:

    • (p.1) the manner and criteria for selecting external adjudicators; and

    • (q) any other matters and things that may be incidental or conducive to the proper performance of the duties of the Board under this Act.

 Subsection 15.1(1) of the Act is replaced by the following:

Marginal note:General power to assist parties
  • 15.1 (1) The Board, any member of the Board or any external adjudicator — or an employee of the Administrative Tribunals Support Service of Canada who is authorized by the Board — may, if the parties agree, assist the parties in resolving any issues in dispute at any stage of a proceeding and by any means that the Board considers appropriate, without prejudice to the Board’s power to determine issues that have not been settled.

  •  (1) Paragraph 16(m.1) of the Act is replaced by the following:

    • (m.1) to extend the time limits set out in this Act for instituting a proceeding;

  • (2) Section 16 of the Act is amended by striking out “and” at the end of paragraph (o.1), by adding “and” at the end of paragraph (p) and by adding the following after paragraph (p):

    • (q) to decide any question that may arise in a proceeding under Part II or III.

  • (3) Paragraph 16(q) of the Act is replaced by the following:

    • (q) to decide any question that may arise in a proceeding under Part II, III or IV.

 Sections 19 and 19.1 of the Act are replaced by the following:

Marginal note:Application of orders

19 Where the Board may make any decision or issue any order, prescribe any term or condition or do any other thing in relation to any person or organization, the Board may do so generally or in any particular case or class of cases.

Marginal note:Interim orders

19.1 The Board may, on application by a trade union, an employer or an affected employee, make any interim order that the Board considers appropriate for the purpose of ensuring the fulfilment of the objectives of this Act.

 Subsection 20(3) of the Act is replaced by the following:

  • Marginal note:Definition of decision

    (3) In this section, decision includes an order, a direction, a determination and a declaration.

 Section 21 of the Act is replaced by the following:

Marginal note:Exercise of powers, duties and functions

21 The Board shall exercise the powers and perform the duties and functions that are conferred or imposed on it by this Act, or that may be incidental to the attainment of the objects of this Act, including the making of orders requiring compliance with the provisions of this Act, with any regulation made under this Act or with any decision made in respect of a matter before the Board.

 Subsection 22(1) of the Act is replaced by the following:

Marginal note:Order and decision final
  • 22 (1) Subject to this Part, every order or decision made by the Board under this Part is final and shall not be questioned or reviewed in any court, except in accordance with the Federal Courts Act on the grounds referred to in paragraph 18.1(4)(a), (b) or (e) of that Act.

 Subsection 23(1) of the Act before paragraph (a) is replaced by the following:

Marginal note:Filing in Federal Court
  • 23 (1) The Board shall, on the request in writing of any person or organization affected by any order or decision of the Board made under this Part, file a copy of the order or decision, exclusive of reasons, in the Federal Court, unless, in the opinion of the Board,

 Section 23.1 of the Act is replaced by the following:

Marginal note:Filing in provincial superior court

23.1 The Board may, on application by a person or organization affected by an order or decision of the Board made under this Part, file a copy of the order or decision, exclusive of reasons, in the superior court of a province. Section 23 applies, with any modifications that the circumstances require, to an order or decision filed in such a superior court.

 Subsection 119(1) of the Act is replaced by the following:

Marginal note:Not required to give evidence — Part I
  • 119 (1) No member of a conciliation board or no conciliation officer, conciliation commissioner, officer or employee employed in the federal public administration or person appointed by the Board or the Minister under this Part shall be required to give evidence in any civil action, suit or other proceeding respecting information obtained in the discharge of their duties under this Part.

  • Marginal note:Not required to give evidence — Act

    (1.1) No member of the Board or no external adjudicator shall be required to give evidence in any civil action, suit or other proceeding respecting information obtained in the discharge of their duties under this Act.

 Paragraph 119.1(a) of the Act is replaced by the following:

  • (a) notes or draft orders or decisions of the Board or any of its members, of an external adjudicator or of an arbitrator or arbitration board chairperson appointed by the Minister under this Part; and

  •  (1) The definition appeals officer in subsection 122(1) of the Act is repealed.

  • (2) The definition Board in subsection 122(1) of the Act is repealed.

 Paragraph 125(1)(x) of the Act is replaced by the following:

  • (x) comply with every oral or written direction given to the employer by the Minister or the Board concerning the health and safety of employees;

 Paragraph 126(1)(i) of the Act is replaced by the following:

  • (i) comply with every oral or written direction of the Minister or the Board concerning the health and safety of employees; and

 Subsection 129(7) of the Act is replaced by the following:

  • Marginal note:Appeal

    (7) If the Minister makes a decision referred to in paragraph 128(13)(b) or (c), the employee is not entitled under section 128 or this section to continue to refuse to use or operate the machine or thing, work in that place or perform that activity, but the employee, or a person designated by the employee for the purpose, may appeal the decision, in writing, to the Board within 10 days after receiving notice of the decision.

 Section 134 of the Act is renumbered as subsection 134(1) and is amended by adding the following:

  • Marginal note:Enforcement of orders

    (2) Any person affected by an order of the Board under subsection (1), or the Minister on the request of such a person, may, after 14 days from the day on which the order is made, or from the day provided in the order for compliance, whichever is later, file in the Federal Court a copy of the order, exclusive of reasons.

  • Marginal note:Registration

    (3) On filing in the Federal Court under subsection (2), an order of the Board shall be registered in the Court and, when registered, has the same force and effect, and all proceedings may be taken in respect of it, as if the order were a judgment obtained in that Court.

 Paragraph 142(a) of the Act is replaced by the following:

  • (a) the Minister to enable him or her to exercise his or her powers or to perform his or her duties or functions under this Part;

  • (a.1) an external adjudicator and a member of the Board to enable them to, in accordance with subsection 12.001(2) or 14(5), exercise or perform the powers, duties or functions conferred on the Board by this Part; and

 Paragraph 143(a) of the Act is replaced by the following:

  • (a) the Minister in the exercise of his or her powers, or in the performance of his or her duties or functions, under this Part;

  • (a.1) an external adjudicator or a member of the Board in the exercise or performance, in accordance with subsection 12.001(2) or 14(5), of the powers, duties or functions conferred on the Board by this Part; or

  •  (1) The portion of section 143.1 of the French version of the Act before paragraph (a) is replaced by the following:

    Marginal note:Communication de renseignements

    143.1 Il est interdit d’empêcher un employé de fournir des renseignements :

  • (2) Paragraph 143.1(a) of the Act is replaced by the following:

    • (a) the Minister in the exercise of his or her powers, or in the performance of his or her duties or functions under this Part;

    • (a.1) an external adjudicator or a member of the Board in the exercise or performance, in accordance with subsection 12.001(2) or 14(5), of the powers, duties or functions conferred on the Board by this Part; or

  • (3) Paragraph 143.1(b) of the French version of the Act is replaced by the following:

    • b) à toute personne à qui des attributions ont été déléguées en vertu du paragraphe 140(1) ou d’un accord conclu en vertu du paragraphe 140(2) dans l’exercice de ces attributions.

 Subsections 144(2) and (3) of the Act are replaced by the following:

  • Marginal note:Member of the Board

    (2) No person who has accompanied or assisted an external adjudicator or a member of the Board in the exercise, in accordance with subsection 12.001(2) or 14(5), of the powers, or in the performance of the duties or functions, conferred on the Board by this Part shall be required to give testimony in any proceeding with regard to information obtained in accompanying or assisting the external adjudicator or member.

  • Marginal note:Non-disclosure of information

    (3) Subject to subsection (4), the Minister, an external adjudicator or a member of the Board who is admitted to a work place under the powers conferred by section 141 — or a person who is admitted to a work place under the powers conferred by section 141 that are delegated to them under subsection 140(1) or under an agreement entered into under subsection 140(2) — and any person accompanying them, shall not disclose to any person any information obtained in the work place by the Minister, external adjudicator or member or person with regard to any secret process or trade secret, except for the purposes of this Part or as required by law.

 Sections 145.1 and 146 of the Act are replaced by the following:

Marginal note:Powers, duties and functions

145.1 For the purposes of sections 146 to 146.5, the Board has all of the powers, duties and functions of the Minister under this Part, except for those referred to in section 130, subsections 135(3) and (6), 137.1(1) to (2.1) and (7) to (9), 137.2(4), 138(1) to (2) and (4) to (6), section 139, subsections 140(1), (2) and (4) and 144(1), section 146.01, subsection 149(1), sections 152 and 155 and subsections 156.1(1), 157(3) and 159(2).

Marginal note:Appeal of direction
  • 146 (1) An employer, employee or trade union that feels aggrieved by a direction issued by the Minister under this Part may appeal the direction to the Board, in writing, within 30 days after the day on which the direction was issued or confirmed in writing.

  • Marginal note:Direction not stayed

    (2) Unless otherwise ordered by the Board on application by the employer, employee or trade union, an appeal of a direction does not operate as a stay of the direction.

Marginal note:Minister informed of appeal
  • 146.01 (1) The Board shall inform the Minister in writing when an appeal is brought under subsection 129(7) or section 146 and provide him or her with a copy of the request for appeal.

  • Marginal note:Documents provided to Board

    (2) The Minister shall, on request of the Board, provide to the Board a copy of any document that the Minister relied on for the purpose of making the decision or issuing the direction being appealed.

  • Marginal note:Documents provided to Minister

    (3) The Board shall, on request of the Minister, provide to the Minister a copy of any document that is filed with the Board in the appeal.

  • Marginal note:Power of Minister

    (4) The Minister may, in an appeal, present evidence and make representations to the Board.

  •  (1) The portion of subsection 146.1(1) of the Act before paragraph (a) is replaced by the following:

    Marginal note:Inquiry
    • 146.1 (1) If an appeal is brought under subsection 129(7) or section 146, the Board shall, in a summary way and without delay, inquire into the circumstances of the decision or direction, as the case may be, and the reasons for it and may

  • (2) Paragraph 146.1(1)(b) of the English version of the Act is replaced by the following:

    • (b) issue any direction that the Board considers appropriate under subsection 145(2) or (2.1).

  • (3) Subsections 146.1(2) to (4) of the Act are replaced by the following:

    • Marginal note:Decision and reasons

      (2) The Board shall provide a written decision, with reasons, and a copy of any direction to the employer, employee or trade union concerned and to the Minister, and the employer shall, without delay, give a copy of the decision, the reasons, and any direction to the work place committee or health and safety representative.

    • Marginal note:Posting of notice

      (3) If the Board issues a direction under paragraph (1)(b), the employer shall, without delay, affix or cause to be affixed to or near the machine, thing or place in respect of which the direction is issued a notice of the direction, in the form and containing the information that the Board may specify, and no person may remove the notice unless authorized to do so by the Board.

    • Marginal note:Cessation of use

      (4) If the Board directs, under paragraph (1)(b), that a machine or thing not be used, a place not be worked in or an activity not be performed until the direction is complied with, no person shall use the machine or thing, or work in the place or perform the activity until the direction is complied with, but nothing in this subsection prevents the doing of anything necessary for the proper compliance with the direction.

 Sections 146.2 to 146.5 of the Act are replaced by the following:

Marginal note:Wages

146.5 An employee who is a party to a proceeding under subsection 146.1(1) and who attends at the proceeding, or any employee who has been summoned by the Board to attend at such a proceeding and who attends, is entitled to be paid by the employer at the employee’s regular rate of wages for the time spent at the proceeding that would otherwise have been time at work.

 The Act is amended by adding the following after section 154:

Marginal note:Publication

154.1 The Minister may, subject to the regulations, make public the name of an employer convicted of an offence under this Part, the nature of the offence, the punishment imposed and any other prescribed information.

 Section 156 of the Act and the heading before it are replaced by the following:

Orders, Decisions and Directions of Board

Marginal note:Decision final
  • 156 (1) Every order or decision made or direction issued by the Board under this Part is final and shall not be questioned or reviewed in any court.

  • Marginal note:No review by certiorari, etc.

    (2) No order shall be made, process entered or proceeding taken in any court, whether by way of injunction, certiorari, prohibition, quo warranto or otherwise, to question, review, prohibit or restrain the Board in any proceedings under this Part.

 Subsection 157(1) of the Act is amended by striking out “and” at the end of paragraph (a.1) and by adding the following after paragraph (a.1):

  • (a.2) prescribing the method for calculating and determining the regular rate of wages for the purpose of section 146.5; and

  •  (1) The portion of subsection 241(3) of the Act before paragraph (a) is replaced by the following:

    • Marginal note:Complaint not settled

      (3) If a complaint is not settled under subsection (2) within the period that the inspector endeavouring to assist the parties under that subsection considers to be reasonable in the circumstances, the inspector shall, on the written request of the person who made the complaint that the complaint be referred to the Board,

  • (2) Paragraph 241(3)(b) of the Act is replaced by the following:

    • (b) deliver to the Board the complaint made under subsection 240(1), any written statement giving the reasons for the dismissal provided under subsection (1) and any other statements or documents that the inspector has that relate to the complaint.

  •  (1) Subsections 242(1) and (2) of the Act are repealed.

  • (2) The portion of subsection 242(3) of the Act before paragraph (a) is replaced by the following:

    • Marginal note:Decision of the Board

      (3) Subject to subsection (3.1), the Board, after a complaint has been referred to it, shall

  • (3) The portion of subsection 242(3.1) of the Act before paragraph (a) is replaced by the following:

    • Marginal note:Limitation on complaints

      (3.1) No complaint shall be considered by the Board under subsection (3) in respect of a person if

  • (4) The portion of subsection 242(4) of the Act before paragraph (a) is replaced by the following:

    • Marginal note:Unjust dismissal

      (4) If the Board decides under subsection (3) that a person has been unjustly dismissed, the Board may, by order, require the employer who dismissed the person to

 Sections 243 and 244 of the Act are replaced by the following:

Marginal note:Order final
  • 243 (1) Every order of the Board is final and shall not be questioned or reviewed in any court.

  • Marginal note:No review by certiorari, etc.

    (2) No order shall be made, process entered or proceeding taken in any court, whether by way of injunction, certiorari, prohibition, quo warranto or otherwise, to question, review, prohibit or restrain the Board in any proceedings under section 242.

Marginal note:Enforcement of orders
  • 244 (1) Any person affected by an order of the Board under subsection 242(4), or the Minister on the request of such a person, may, after 14 days from the day on which the order is made, or from the day provided in the order for compliance, whichever is later, file in the Federal Court a copy of the order, exclusive of reasons.

  • Marginal note:Registration

    (2) On filing in the Federal Court under subsection (1), an order of the Board shall be registered in the Court and, when registered, has the same force and effect, and all proceedings may be taken in respect of it, as if the order were a judgment obtained in that Court.

  •  (1) The Act is amended by adding the following after section 246:

    DIVISION XIV.1Complaints Relating to Reprisals

    Marginal note:Complaint to Board
    • 246.1 (1) Any employee may make a complaint in writing to the Board if they believe that their employer has taken any of the following reprisals against them:

      • (a) taking action against the employee in contravention of section 208, 209.3, 238, 239, 239.1 or 247.96;

      • (b) dismissing, suspending, laying off, or demoting the employee, imposing a financial or other penalty on the employee, or otherwise taking any disciplinary action against the employee, because the employee

        • (i) has made a complaint under this Part, other than a complaint under section 240,

        • (ii) has provided information regarding the wages, hours of work, annual vacation or conditions of work of any employee or provided any other assistance to the Minister or to an inspector in the exercise or performance of the Minister’s or the inspector’s powers, duties and functions under this Part,

        • (iii) has testified or is about to testify in a proceeding taken or an inquiry held under this Part, or

        • (iv) has exercised, or sought to exercise, any right conferred on the employee by this Part;

      • (c) taking into account the fact that the employee has taken any of the actions referred to in subparagraphs (b)(i) to (iv) in any decision with respect to the promotion or training of the employee; or

      • (d) threatening to take any of the reprisals referred to in paragraph (b) or (c).

    • Marginal note:Limitation — dismissal

      (2) An employee who has been dismissed shall not make a complaint

      • (a) under subsection (1) with respect to their dismissal if they have made a complaint under subsection 240(1) that has not been withdrawn; or

      • (b) under subsection 240(1) if they have made a complaint under subsection (1) with respect to their dismissal that has not been withdrawn.

    • Marginal note:Time for making complaint

      (3) A complaint referred to in subsection (1) shall be made to the Board not later than 90 days after the day on which the employee knew or, in the Board’s opinion, ought to have known of the action or circumstances giving rise to the complaint.

    • Marginal note:Burden of proof

      (4) A complaint made under subsection (1) is itself evidence that the reprisal was actually taken and, if a party to the complaint proceedings alleges that the reprisal was not taken, the burden of proof is on that party.

    Marginal note:Suspension of complaint
    • 246.2 (1) If satisfied that the employee must take measures before the complaint made under subsection 246.1(1) may be dealt with, the Board may suspend consideration of the complaint, in whole or in part.

    • Marginal note:Notice

      (2) If the Board suspends a complaint, the Board shall notify the employee in writing and specify in the notice

      • (a) the measures that the employee must take; and

      • (b) the period of time within which the employee must take those measures.

    • Marginal note:End of suspension

      (3) The suspension ends when, in the Board’s opinion, the measures specified in the notice have been taken.

    Marginal note:Rejection of complaint
    • 246.3 (1) The Board may reject a complaint made under subsection 246.1(1), in whole or in part,

      • (a) if the Board is satisfied that

        • (i) the complaint is not within its jurisdiction,

        • (ii) the complaint is frivolous, vexatious or not made in good faith,

        • (iii) the complaint has been settled between the employer and the employee,

        • (iv) there are other means available to the employee to resolve the subject matter of the complaint that the Board considers should be pursued,

        • (v) the subject matter of the complaint has been adequately dealt with through recourse obtained before a court, tribunal, arbitrator or adjudicator, or

        • (vi) in respect of a complaint made by an employee who is subject to a collective agreement, the collective agreement covers the subject matter of the complaint and provides a third party dispute resolution process; or

      • (b) if consideration of the complaint was suspended under subsection 246.2(1) and if, in the Board’s opinion, the measures specified in the notice under subsection 246.2(2) were not taken within the specified time period.

    • Marginal note:Notice of rejection of complaint

      (2) If the Board rejects a complaint, it shall notify the employee in writing, with reasons.

    Marginal note:Board orders

    246.4 If the Board determines that a complaint under subsection 246.1(1) is justified, the Board may, by order, require the employer to cease engaging in or to rescind the reprisal and, if applicable, to

    • (a) permit the employee who has made the complaint to return to the duties of their employment;

    • (b) reinstate the employee;

    • (c) pay to the employee compensation not exceeding the sum that, in the Board’s opinion, is equivalent to the remuneration that would, but for the reprisal, have been paid by the employer to the employee;

    • (d) pay to the employee compensation not exceeding the sum that, in the Board’s opinion, is equivalent to any financial or other penalty imposed on the employee by the employer; and

    • (e) do any other thing that the Board considers equitable for the employer to do to remedy or counteract any consequence of the reprisal.

    Marginal note:Decisions final
    • 246.5 (1) Every decision of the Board made under this Division is final and shall not be questioned or reviewed in any court.

    • Marginal note:No review by certiorari, etc.

      (2) No order shall be made, process entered or proceeding taken in any court, whether by way of injunction, certiorari, prohibition, quo warranto or otherwise, to question, review, prohibit or restrain the Board in any proceedings under this Division.

    Marginal note:Enforcement of orders
    • 246.6 (1) Any person affected by an order of the Board under section 246.4, or the Minister on the request of such a person, may, after 14 days from the day on which the order is made, or from the day provided in the order for compliance, whichever is later, file in the Federal Court a copy of the order, exclusive of reasons.

    • Marginal note:Registration

      (2) On filing in the Federal Court under subsection (1), an order of the Board shall be registered in the Court and, when registered, has the same force and effect, and all proceedings may be taken in respect of it, as if the order were a judgment obtained in that Court.

    Marginal note:Complaint to Board
    • 246.7 (1) Despite subsection 14(1), the Chairperson or a Vice-Chairperson of the Board, or a member of the Board appointed under paragraph 9(2)(e), may dispose of any complaint made to the Board under this Division and, in relation to any complaint so made, that person

      • (a) has all the powers, rights and privileges that are conferred on the Board by this Act other than the power to make regulations under section 15; and

      • (b) is subject to all the obligations and limitations that are imposed on the Board by this Act.

    • Marginal note:Application of Part I provisions

      (2) Subject to sections 246.5 and 246.6, the provisions of Part I respecting orders and decisions of and proceedings before the Board or any member under that Part apply in respect of all orders and decisions of and proceedings before the Board or the member under this Division.

  • (2) Paragraph 246.1(1)(b) of the Act is amended by adding the following after subparagraph (ii):

    • (ii.1) has provided information regarding the wages, hours of work, annual vacation or conditions of work of any employee or provided any other assistance to an external adjudicator or a member of the Board in the exercise or performance, in accordance with subsections 12.001(2) or 14(5), of the powers, duties or functions conferred on the Board by this Part,

  • (3) Section 246.7 of the Act is repealed.

 Section 251 of the Act is amended by adding the following after subsection (1):

  • Marginal note:For greater certainty

    (1.1) For greater certainty, the inspector may, when exercising the powers referred to in subsection (1), make any finding necessary to determine whether an employee is entitled to any wages or other amounts under this Part, including a finding that the employee was dismissed for just cause for the purposes of section 230 or 235.

  • Marginal note:Evidence

    (1.2) If the employer fails to make or keep any record in respect of an employee that the employer is required to make or keep under this Part — or fails to allow the inspector to examine, take extracts from or make copies of such a record — the inspector may, when exercising the powers referred to in subsection (1), rely on any other available evidence.

 The Act is amended by adding the following after section 251:

Internal Audit

Marginal note:Internal audit order
  • 251.001 (1) Subject to the regulations, the Minister may, in writing, for the purpose of verifying compliance or preventing non-compliance with this Part, order an employer to, in accordance with the order,

    • (a) conduct an internal audit of its practices and books, payrolls and other records to determine whether the employer is in compliance with any provision of this Part or the regulations; and

    • (b) provide a report of the results of the audit to the Minister and to any inspector named in the order.

  • Marginal note:Contents of order

    (2) The Minister shall, in the internal audit order, specify

    • (a) any industrial establishment and class of employees to which it applies;

    • (b) the period of time to be covered by the internal audit;

    • (c) the provisions of this Part or the regulations with respect to which the internal audit was ordered;

    • (d) the date by which the employer is to provide the report; and

    • (e) the form of the report.

  • Marginal note:Information to include in report

    (3) The Minister may also specify in the order that the report is to contain any information that the Minister considers appropriate.

  • Marginal note:Service

    (4) Service of the order or of a copy of it shall be by personal service, by registered mail or by any other means prescribed by regulation and, in the case of registered mail, the order or its copy shall be deemed to have been received by the addressee on the seventh day after the day on which it was mailed.

  • Marginal note:Proof of service

    (5) A certificate purporting to be signed by the Minister certifying that a document referred to in subsection (4) was sent by registered mail or by any other means prescribed by regulation to the addressee, accompanied by a true copy of the document and by an identifying post office certificate of the registration or other proof, prescribed by regulation, that the document has been sent or received, is admissible in evidence and is proof of the statements contained in the certificate, without proof of the signature or official character of the person appearing to have signed the certificate.

  • Marginal note:Report — non-compliance

    (6) If the employer determines that it had not complied with any provision referred to in the order, the employer shall set out in the report the nature of the employer’s non-compliance and the steps that have been or will be taken by the employer to comply with the provision.

  • Marginal note:Report — wages and other amounts

    (7) If the employer determines that any wages or other amounts to which an employee is entitled under this Part are owed, the employer shall also state in the report the name of the employee, the amount owed for the period of time covered by the internal audit, the method used to determine the amount owed and any payment subsequently made to the employee with respect to that amount owed.

  • Marginal note:Inspection and complaint not precluded

    (8) For greater certainty, nothing in this section precludes an inspection from being made, or a complaint from being dealt with, under this Part.

  • Marginal note:False information

    (9) No employer shall make a false or misleading statement in a report.

 Subsection 251.01(4) of the Act is replaced by the following:

  • Marginal note:Limitation

    (4) An employee who has been dismissed is not permitted to make a complaint under subsection (1) on the grounds that the employee considers the dismissal to be unjust. However, the employee may file a complaint under subsection (1) if it relates only to the payment of their wages or other amounts to which they are entitled under this Part, including amounts referred to in subsection 230(1) or (2) or 235(1).

 The heading before section 251.1 of the Act is replaced by the following:

Inspector’s Orders

Marginal note:Compliance order
  • 251.06 (1) If an inspector is of the opinion that an employer is contravening or has contravened a provision of this Part, its regulations or any condition of a permit issued under subsection 176(1), the inspector may issue a compliance order in writing requiring the employer to terminate the contravention within the time that the inspector may specify and take any step, as specified by the inspector and within the time that the inspector may specify, to ensure that the contravention does not continue or reoccur.

  • Marginal note:Limitation

    (2) An inspector shall not issue a compliance order under subsection (1),

    • (a) to take any measure that could be set out in an order made under subsection 242(4) or section 246.4; or

    • (b) to pay wages or other amounts to which an employee is entitled under this Part.

  • Marginal note:Service of order

    (3) Service of an order or of a copy of it shall be by personal service, by registered mail or by any other means prescribed by regulation and, in the case of registered mail, the order or its copy shall be deemed to have been received by the addressee on the seventh day after the day on which it was mailed.

  • Marginal note:Proof of service

    (4) A certificate purporting to be signed by the Minister certifying that a document referred to in subsection (3) was sent by registered mail or by any other means prescribed by regulation to the addressee, accompanied by a true copy of the document and by an identifying post office certificate of the registration or other proof, prescribed by regulation, that the document has been sent or received, is admissible in evidence and is proof of the statements contained in the certificate, without proof of the signature or official character of the person appearing to have signed the certificate.

  •  (1) Paragraph 251.1(1.1)(a) of the Act is replaced by the following:

    • (a) in the case where the employee made a complaint under subsection 251.01(1) that was not rejected under subsection 251.05(1), the 24 months, plus any extension of the period for making the complaint that is granted by the Minister under subsection 251.01(3), immediately before the day on which the complaint was made or, if there was a termination of employment prior to the complaint being made, the 24 months immediately before the date of termination; and

  • (2) Subsection 251.1(1.1) of the Act is amended by striking out “and” at the end of paragraph (a) and by adding the following after paragraph (a):

    • (a.1) in the case where the payment order was issued to the employer on the basis of, in whole or in part, a report provided under subsection 251.001(1), the 24 months immediately before the day on which the order to provide the report was served; and

  • (3) Paragraph 251.1(1.1)(b) of the Act is replaced by the following:

    • (b) in any other case, the 24 months immediately before the day on which an inspection under this Part, during the course of which the inspector made the finding referred to in subsection (1), began.

  • (4) Subsections 251.1(1.2) to (4) of the Act are replaced by the following:

    • Marginal note:Complaint unfounded

      (2) An inspector dealing with a complaint of non-payment of wages or other amounts to which an employee is entitled under this Part shall notify the employee in writing that their complaint is unfounded if the inspector concludes that the employer has paid to the employee all wages and other amounts to which the employee is entitled under this Part for the period of six months, plus any extension of the period for making the complaint that is granted by the Minister under subsection 251.01(3), immediately before the day on which the complaint was made.

    • Marginal note:Notice of voluntary compliance

      (2.1) An inspector dealing with a complaint of non-payment of wages or other amounts to which an employee is entitled under this Part shall notify the employee in writing that the employer has voluntarily paid to the employee all wages and other amounts owing if

      • (a) the inspector concludes that the employer has, since the complaint was made, paid to the employee all wages and other amounts owing for the period of 24 months, plus any extension of the period for making the complaint that is granted by the Minister under subsection 251.01(3), immediately before the day on which the complaint was made and for any subsequent period specified by the inspector; and

      • (b) the inspector has not issued a payment order or a notice of unfounded complaint with respect to the complaint.

    • Marginal note:Service of order or notice

      (3) Service of a payment order or a copy of it, of a notice of unfounded complaint, or of a notice of voluntary compliance shall be by personal service, by registered mail or by any other means prescribed by regulation and, in the case of registered mail, the order, copy or notice shall be deemed to have been received by the addressee on the seventh day after the day on which it was mailed.

    • Marginal note:Proof of service

      (4) A certificate purporting to be signed by the Minister certifying that a document referred to in subsection (3) was sent by registered mail or by any other means prescribed by regulation to the addressee, accompanied by a true copy of the document and by an identifying post office certificate of the registration or other proof, prescribed by regulation, that the document has been sent or received, is admissible in evidence and is proof of the statements contained in the certificate, without proof of the signature or official character of the person appearing to have signed the certificate.

 The Act is amended by adding the following after section 251.1:

Inspector’s Orders — Review and Appeal

  •  (1) Subsection 251.101(1) of the Act is replaced by the following:

    Marginal note:Request for review
    • 251.101 (1) A person who is affected by a payment order, a notice of unfounded complaint or a notice of voluntary compliance may send a written request with reasons for a review of the inspector’s decision to the Minister within 15 days after the day on which the order or a copy of the order or the notice is served.

  • (2) Subsection 251.101(1) of the Act is replaced by the following:

    Marginal note:Request for review
    • 251.101 (1) An employer to whom a compliance order has been issued or a person who is affected by a payment order, a notice of unfounded complaint or a notice of voluntary compliance may send a written request with reasons for a review of the inspector’s decision to the Minister

      • (a) subject to paragraph (b), within 15 days after the day on which the order or a copy of the order or the notice is served; or

      • (b) if a compliance order is served with a notice of violation issued under subsection 276(1) for the same contravention, within 30 days after the day on which they are served.

  • (3) Subsection 251.101(2) of the Act is replaced by the following:

    • Marginal note:Payment of amount and administrative fee

      (2) An employer or a director of a corporation is not permitted to request a review of a payment order unless the employer or director pays to the Minister the amount indicated in the payment order and, in the case of an employer, the administrative fee specified in the payment order in accordance with subsection 251.131(1), subject to, in the case of a director, the maximum amount of the director’s liability under section 251.18.

    • Marginal note:Security

      (2.1) The Minister may allow an employer or a director of a corporation to give security, in a form satisfactory to the Minister and on any conditions specified by the Minister, for all or part of the amount and fee referred to in subsection (2).

  • (4) Subsections 251.101(3) to (5) of the Act are replaced by the following:

    • Marginal note:Review

      (3) On receipt of the request for review, the Minister may, in writing,

      • (a) confirm, rescind or vary, in whole or in part, the payment order; or

      • (b) confirm the notice of unfounded complaint or the notice of voluntary compliance, or rescind the notice, in which case the Minister shall direct an inspector to re-examine the complaint.

    • Marginal note:Service of documents

      (4) Service of a decision made under subsection (3) shall be by personal service, by registered mail or by any other means prescribed by regulation on any person who is affected by the payment order, the notice of unfounded complaint or the notice of voluntary compliance and, in the case of registered mail, the decision shall be deemed to have been received by the addressee on the seventh day after the day on which it was mailed.

    • Marginal note:Proof of service

      (5) A certificate purporting to be signed by the Minister certifying that a decision referred to in subsection (4) was sent by registered mail or by any other means prescribed by regulation to the addressee, accompanied by a true copy of the decision and by an identifying post office certificate of the registration or other proof, prescribed by regulation, that the decision has been sent or received, is admissible in evidence and is proof of the statements contained in the certificate, without proof of the signature or official character of the person appearing to have signed the certificate.

  • (5) Paragraph 251.101(3)(a) of the Act is replaced by the following:

    • (a) confirm, rescind or vary, in whole or in part, the payment order or the compliance order; or

  • (6) Subsection 251.101(4) of the Act is replaced by the following:

    • Marginal note:Service of documents

      (4) Service of a decision made under subsection (3) shall be by personal service, by registered mail or by any other means prescribed by regulation on any person who is affected by the payment order, the notice of unfounded complaint or the notice of voluntary compliance or, in the case of a compliance order, on the employer. If the decision is served by registered mail, it shall be deemed to have been received by the addressee on the seventh day after the day on which it was mailed.

  • (7) Subsection 251.101(7) of the Act is replaced by the following:

    • Marginal note:Request treated as an appeal

      (7) The Minister may, if the Minister considers it appropriate in the circumstances, treat the request for review as an appeal of the inspector’s decision, in which case the Minister shall so inform any person who is affected by the payment order, the notice of unfounded complaint or the notice of voluntary compliance, and the request for review shall be considered to be an appeal for the purposes of section 251.12.

  • (8) Subsection 251.101(7) of the Act is replaced by the following:

    • Marginal note:Request treated as an appeal

      (7) The Minister may, if the Minister considers it appropriate in the circumstances, treat the request for review as an appeal of the inspector’s decision, in which case the Minister shall so inform any person who is affected by the payment order, the notice of unfounded complaint or the notice of voluntary compliance and shall refer the request for review to the Board, and the Board shall be considered to have an appeal before it for the purposes of section 251.12.

  • (9) Subsection 251.101(7) of the Act is replaced by the following:

    • Marginal note:Request treated as an appeal

      (7) The Minister may, if the Minister considers it appropriate in the circumstances, treat the request for review as an appeal of the inspector’s decision, in which case the Minister shall so inform any person who is affected by the payment order, the notice of unfounded complaint or the notice of voluntary compliance — or, in the case of a compliance order, the employer — and shall refer the request for review to the Board, and the Board shall be considered to have an appeal before it for the purposes of section 251.12.

  •  (1) Subsection 251.11(1) of the Act is replaced by the following:

    Marginal note:Appeal
    • 251.11 (1) A person who is affected by a decision made under subsection 251.101(3), other than a decision to rescind a notice of unfounded complaint or a notice of voluntary compliance, may appeal the decision to the Minister, in writing, within 15 days after the day on which the decision is served, but only on a question of law or jurisdiction.

  • (2) Subsection 251.11(1) of the Act is replaced by the following:

    Marginal note:Appeal
    • 251.11 (1) A person who is affected by a decision made under subsection 251.101(3), other than a decision to rescind a notice of unfounded complaint or a notice of voluntary compliance, may appeal the decision to the Board, in writing, within 15 days after the day on which the decision is served, but only on a question of law or jurisdiction.

  • (3) Subsection 251.11(1) of the Act is replaced by the following:

    Marginal note:Appeal
    • 251.11 (1) Subject to subsection (1.1), a person who is affected by a decision made under subsection 251.101(3), other than a decision to rescind a notice of unfounded complaint or a notice of voluntary compliance, may appeal the decision to the Board, in writing, within 15 days after the day on which the decision is served.

    • Marginal note:Exception — compliance order

      (1.1) Only an employer to whom a compliance order has been issued may appeal a decision with respect to that order.

    • Marginal note:Scope of appeal

      (1.2) Except in the case of a compliance order, the person may appeal the decision only on a question of law or jurisdiction.

  • (4) Subsection 251.11(3) of the Act is replaced by the following:

    • Marginal note:Payment of amount and administrative fee

      (3) An employer or director of a corporation is not permitted to appeal a decision confirming or varying a payment order unless the employer or director pays to the Minister the amount indicated in the decision — and, in the case of an employer, the administrative fee specified in the decision in accordance with subsection 251.131(1) — less any amount and administrative fee paid under subsection 251.101(2).

    • Marginal note:Security

      (3.1) The Minister may allow an employer or a director of a corporation to give security, in a form satisfactory to the Minister and on any conditions specified by the Minister, for all or part of the amount and fee referred to in subsection (3).

 Section 251.12 of the Act is replaced by the following:

Marginal note:Minister informed of appeal
  • 251.111 (1) The Board shall inform the Minister in writing when an appeal is brought under subsection 251.11(1) and provide him or her with a copy of the request for appeal.

  • Marginal note:Documents provided to Board — Minister

    (2) In an appeal under this Part, the Minister shall, on request of the Board, provide to the Board a copy of any document that the Minister relied on for the purpose of making the decision being appealed.

  • Marginal note:Documents provided to Board — inspector

    (3) In an appeal under subsection 251.101(7), the inspector shall, on request of the Board, provide to the Board a copy of any document that the inspector relied on for the purpose of issuing the order or notice being appealed.

  • Marginal note:Documents provided to Minister

    (4) The Board shall, on request of the Minister, provide to the Minister a copy of any document that is filed with the Board in the appeal.

  • Marginal note:Power of Minister

    (5) The Minister may, in an appeal under this Part, present evidence and make representations to the Board.

Marginal note:Board decision
  • 251.12 (1) The Board may, in an appeal under this Part, make any order that is necessary to give effect to its decision, including an order to

    • (a) confirm, rescind or vary, in whole or in part, the decision being appealed;

    • (b) direct payment to any specified person of any wages or other amounts held in trust by the Receiver General that relate to the appeal;

    • (c) award costs in the proceedings; and

    • (d) order a party, whose conduct in the proceedings has, in the Board’s opinion, unduly delayed the determination of the appeal, to pay to the Receiver General an amount that is equal to all or part of the expenses incurred in the proceedings by the Board.

  • Marginal note:Copies of decision to be sent

    (2) The Board shall send a copy of the decision, with reasons, to each party to the appeal and to the Minister.

  • Marginal note:Order final

    (3) The order of the Board is final and shall not be questioned or reviewed in any court.

  • Marginal note:No review by certiorari, etc.

    (4) No order shall be made, process entered or proceeding taken in any court, whether by way of injunction, certiorari, prohibition, quo warranto or otherwise, to question, review, prohibit or restrain the Board in any proceedings under this section.

  • Marginal note:Wages

    (5) An employee who has been summoned by the Board to attend at an appeal proceeding under this Part and who attends is entitled to be paid by the employer at the employee’s regular rate of wages for the time spent at the proceeding that would otherwise have been time at work.

  • Marginal note:Debt to Her Majesty

    (6) The expenses to be paid in accordance with an order issued under paragraph (1)(d) constitute a debt due to Her Majesty in right of Canada and are recoverable as such in the Federal Court or any other court of competent jurisdiction or in any other manner provided under this Act.

 Section 251.13 of the Act is replaced by the following:

General Provisions — Orders

Marginal note:Order to debtor of employer
  • 251.13 (1) A regional director may issue a written order to a person who is or is about to become indebted to an employer to whom a payment order has been issued under subsection 251.1(1) to pay any amount owing to the employer, up to the total of the amount and the administrative fee indicated in the payment order, directly to the Minister within 15 days, in satisfaction of the payment order.

  • Marginal note:Order to debtor of director of corporation

    (1.1) A regional director may issue a written order to a person who is or is about to become indebted to a director of a corporation to whom a payment order has been issued under subsection 251.1(1) to pay any amount owing to the director of the corporation, up to the amount indicated in the payment order, directly to the Minister within 15 days, in satisfaction of the payment order.

  • Marginal note:Banks, etc.

    (2) For the purposes of this section, a bank or other financial institution that has money on deposit to the credit of an employer or a director of a corporation shall be deemed to be indebted to that employer or that director.

Marginal note:Administrative fee
  • 251.131 (1) A payment order made to an employer under subsection 251.1(1), and any decision made under subsection 251.101(3) or section 251.12 with respect to that payment order ordering the employer to pay wages or other amounts to an employee, shall specify the amount of the administrative fee — which is equal to the greater of $200 and 15% of the amounts indicated in the payment order or decision — that the employer is to pay.

  • Marginal note:Payment

    (2) The employer is liable only for the administrative fee that is specified in a final decision and shall pay it — less any administrative fee paid under subsection 251.101(2) or 251.11(3) — to the Minister. In the case of any overpayment, the employer is entitled to its reimbursement.

  • Marginal note:Debt to Her Majesty

    (3) An administrative fee constitutes a debt due to Her Majesty in right of Canada and is recoverable as such in the Federal Court or any other court of competent jurisdiction or in any other manner provided under this Act, including under subsection 251.13(1) and section 251.15.

Marginal note:Return of security

251.132 The Minister, after a final decision has been made in respect of which security was given,

  • (a) may apply, in whole or in part, the security given under subsection 251.101(2.1) or 251.11(3.1) toward any amounts — and, if the security was given by an employer, any administrative fee — owing under the final decision by the employer or a director of a corporation who gave the security; and

  • (b) shall return the security or, if it was applied under paragraph (a), any part that remains after the amounts and, in the case of an employer, the administrative fee have been paid.

 Section 251.14 of the Act is amended by adding the following after subsection (1):

  • Marginal note:Consolidated Revenue Fund

    (1.1) The moneys that are equal to the administrative fees paid to the Minister under this Part with respect to matters that are the subject of a final decision shall be debited from the account referred to in subsection (1) and credited to the Consolidated Revenue Fund no later than the fiscal year following the fiscal year in which the final decision is made.

  •  (1) Subsections 251.15(1) and (1.1) of the Act are replaced by the following:

    Marginal note:Enforcement of orders
    • 251.15 (1) Any person who is affected by a payment order issued under subsection 251.1(1) or confirmed or varied under subsection 251.101(3) or by an order of the Board made under subsection 251.12(1), or the Minister, may, after the day provided in the order for compliance or after 15 days following the day on which the order is issued, made, confirmed or varied, whichever is later, file in the Federal Court a copy of the payment order, or a copy of the order of the Board, exclusive of reasons.

    • Marginal note:Limitation

      (1.1) However, a payment order is not to be filed while it is or may be the subject of a review under subsection 251.101(1) or an appeal under subsection 251.101(7) or section 251.11 or if an order of the Board is made under paragraph 251.12(1)(a) relating to the payment order.

  • (2) Subsection 251.15(2) of the Act is replaced by the following:

    • Marginal note:Enforcement of orders to debtors

      (2) After the expiration of the 15 day period specified in an order to a debtor of the employer or of the director of a corporation made under section 251.13, the regional director may file a copy of the order in the Federal Court.

 Section 251.16 of the Act is replaced by the following:

Marginal note:Regulations

251.16 The Governor in Council may make regulations respecting the operation of sections 251.001 and 251.1 to 251.15.

 Section 251.16 of the Act is replaced by the following:

Marginal note:Regulations

251.16 The Governor in Council may make regulations respecting the operation of sections 251.001, 251.1, 251.101 and 251.13 to 251.15.

 Section 251.17 of the Act is replaced by the following:

Marginal note:Statutory Instruments Act

251.17 The Statutory Instruments Act does not apply in respect of payment orders, notices of unfounded complaint, notices of voluntary compliance or orders to debtors.

 Section 251.17 of the Act is replaced by the following:

Marginal note:Statutory Instruments Act

251.17 The Statutory Instruments Act does not apply in respect of internal audit orders, payment orders, notices of unfounded complaint, notices of voluntary compliance or orders to debtors.

 Section 251.17 of the Act is replaced by the following:

Marginal note:Statutory Instruments Act

251.17 The Statutory Instruments Act does not apply in respect of internal audit orders, compliance orders, payment orders, notices of unfounded complaint, notices of voluntary compliance or orders to debtors.

  •  (1) The portion of subsection 253(1) of the Act before paragraph (b) is replaced by the following:

    Marginal note:Notice to furnish information
    • 253 (1) Where the Minister is authorized to require a person to furnish information under this Part or the regulations, the Minister may require the information to be furnished by a notice to that effect served by personal service, by registered mail addressed to the latest known address of the addressee, or by any other means prescribed by regulation, and that person

      • (a) if the notice is sent by registered mail, shall be deemed to have received the notice on the seventh day after the day on which it was mailed; and

  • (2) Subsection 253(2) of the Act is replaced by the following:

    • Marginal note:Proof of service

      (2) A certificate purporting to be signed by the Minister certifying that a notice was sent by registered mail or by any other means prescribed by regulation to the addressee, accompanied by a true copy of the notice and by an identifying post office certificate of the registration or other proof, prescribed by regulation, that the notice has been sent or received, is admissible in evidence and is proof of the statements contained in the certificate, without proof of the signature or official character of the person appearing to have signed the certificate.

  • (3) Section 253 of the Act is amended by adding the following after subsection (5):

 Paragraph 256(1)(a) of the Act is replaced by the following:

  • (a) contravenes any provision of this Part or the regulations, other than a provision of Division IX, subsection 239.1(2), 239.2(1), 251.001(9) or 252(2) or any regulation made under section 227 or paragraph 264(a);

 The Act is amended by adding the following after section 259.1:

Marginal note:Publication

259.2 The Minister may, subject to the regulations, make public the name of an employer convicted of an offence under this Part, the nature of the offence, the punishment imposed and any other information prescribed by regulation.

 The Act is amended by adding the following after section 267:

PART IVAdministrative Monetary Penalties

Interpretation and Application

Marginal note:Definitions
  • 268 (1) The following definitions apply in this Part.

    department

    department means a department in, or other portion of, the federal public administration to which Part II applies, as provided under subsection 123(2). (ministère)

    employer

    employer has,

    • (a) in respect of a violation related to Part II, the same meaning as in subsection 122(1); and

    • (b) in respect of a violation related to Part III, the same meaning as in section 166. (employeur)

    penalty

    penalty means an administrative monetary penalty imposed under this Part for a violation. (pénalité)

  • Marginal note:Application — department

    (2) This Part applies to a department and to persons employed in a department only in respect of a violation that is related to Part II.

Purpose

Marginal note:Purpose of Part

269 The purpose of this Part is to establish, as an alternative to the existing penal system and as a supplement to existing enforcement measures, a fair and efficient penalty system to promote compliance with Parts II and III of this Act.

Regulations

Marginal note:Regulations
  • 270 (1) The Governor in Council may make regulations

    • (a) designating as a violation that may be proceeded with in accordance with this Part

      • (i) the contravention of any specified provision of Part II or III or of any regulations made under those Parts,

      • (ii) the contravention of any direction, or of any direction of any specified class of directions, issued under any provision of Part II or of any regulations made under that Part,

      • (iii) the contravention of any order, or of any order of any specified class of orders, made or issued under any provision of Part II or III or of any regulations made under those Parts, or

      • (iv) the failure to comply with any condition, or with any condition of any specified class of conditions, of a permit issued under section 176;

    • (b) respecting the determination of, or the method of determining, the amount payable as the penalty for each violation, penalties which may be different for individuals and for other persons and departments;

    • (c) respecting the circumstances under which, the criteria by which and the manner in which a penalty may be reduced;

    • (d) respecting the determination of a lesser amount than the penalty imposed that may be paid in complete satisfaction of the penalty if paid within the time and manner prescribed by regulation;

    • (e) respecting the service of documents required or authorized under this Part, including the manner and proof of service and the circumstances under which documents are deemed to be served;

    • (f) prescribing the method of calculating and determining the regular rate of wages for the purpose of section 288;

    • (g) prescribing anything that by this Part is to be prescribed; and

    • (h) generally, for carrying out the purposes and provisions of this Part.

  • Marginal note:Restriction — amount of penalty

    (2) The amount that may be determined under any regulations made under paragraph (1)(b) as the penalty for a violation may not exceed $250,000.

Minister’s Powers

Marginal note:Powers regarding notices of violation

271 The Minister may

  • (a) establish the form of notices of violation;

  • (b) designate persons, or classes of persons, who are authorized to issue notices of violation; and

  • (c) establish, in respect of each violation, a short-form description to be used in notices of violation.

Marginal note:Delegation

272 Subject to any terms and conditions specified by the Minister, the Minister may delegate to any qualified person or class of persons any of the powers the Minister is authorized to exercise or any of the duties or functions the Minister is authorized to perform for the purposes of this Part.

Commission of Violations

Marginal note:Violations

273 Every person or department that contravenes or fails to comply with a provision, direction, order or condition designated by regulations made under paragraph 270(1)(a) commits a violation and is liable to a penalty of an amount to be determined in accordance with the regulations.

Marginal note:Liability of parties to violation

274 If a corporation or a department commits a violation, any of the following persons who directed, authorized, assented to, acquiesced in or participated in the commission of the violation is a party to the violation and is liable to a penalty of an amount to be determined in accordance with the regulations, whether or not the corporation or department has been proceeded against in accordance with this Part:

  • (a) any officer, director, agent or mandatary of the corporation;

  • (b) any senior official in the department; or

  • (c) any other person exercising managerial or supervisory functions in the corporation or department.

Marginal note:Proof of violation — employees

275 In any proceedings under this Part against a person or a department in relation to a violation, it is sufficient proof of the violation to establish that it was committed by an employee or agent or mandatary of the person or of the department, whether or not the employee or agent or mandatary has been identified or proceeded against in accordance with this Part.

Marginal note:Notice of violation
  • 276 (1) If a person designated under paragraph 271(b) has reasonable grounds to believe that a person or a department has committed a violation, the designated person may issue a notice of violation and shall cause it to be served on the person or on the department in accordance with the regulations.

  • Marginal note:Contents

    (2) The notice of violation shall

    • (a) name the person or department that is believed to have committed the violation;

    • (b) set out the relevant facts surrounding the violation;

    • (c) set out the penalty for the violation;

    • (d) inform the person or department of their right to contest the facts of the alleged violation or the penalty, by way of review and appeal, and of the procedure to be followed to exercise that right;

    • (e) inform the person or department of the manner of paying the penalty set out in the notice; and

    • (f) inform the person or department that, if they do not pay the penalty or exercise their right referred to in paragraph (d), they will be considered to have committed the violation and that they are liable for the penalty set out in the notice.

  • Marginal note:Copy given by employer

    (3) If the notice of violation is issued to an employer who has committed a violation by contravening a provision of Part II or a direction issued under that Part, the employer shall, without delay, give a copy of the notice to the work place committee or health and safety representative, as those terms are defined in subsection 122(1).

Rules About Violations

Marginal note:Certain defences not available
  • 277 (1) A person or department named in a notice of violation does not have a defence by reason that the person or the department

    • (a) exercised due diligence to prevent the violation; or

    • (b) reasonably and honestly believed in the existence of facts that, if true, would exonerate the person or the department.

  • Marginal note:Common law principles

    (2) Every rule and principle of the common law that renders any circumstance a justification or excuse in relation to a charge for an offence under Part II or III applies in respect of a violation to the extent that it is not inconsistent with this Part.

Marginal note:Continuing violation

278 A violation that is committed or continued on more than one day constitutes a separate violation for each day on which it is committed or continued.

Marginal note:Violation or offence
  • 279 (1) Proceeding with any act or omission as a violation under this Part precludes proceeding with it as an offence under Part II or III, and proceeding with it as an offence under Part II or III precludes proceeding with it as a violation under this Part.

  • Marginal note:For greater certainty

    (2) For greater certainty, a violation is not an offence and, accordingly, section 126 of the Criminal Code does not apply in respect of a violation.

Marginal note:Limitation period

280 No notice of violation in respect of a violation may be issued more than two years after the day on which the subject-matter of the violation arises.

Reviews

Marginal note:Request for review

281 A person or a department that is served with a notice of violation may, within 30 days after the day on which the notice is served, or within any longer period that the Minister allows, make a request, in the manner prescribed by regulation, to the Minister for a review of the penalty or the facts of the alleged violation, or both.

Marginal note:Variation or cancellation of notice of violation

282 At any time before a request for review in respect of a notice of violation comes before the Minister, a person designated under paragraph 271(b) may cancel the notice of violation or correct an error in it.

Marginal note:Review
  • 283 (1) On receipt of a request for review made under section 281, the Minister shall conduct the review of the notice of violation.

  • Marginal note:Rules of procedure

    (2) The Minister may make rules governing the procedure with respect to reviews under this Part.

  • Marginal note:Request treated as an appeal

    (3) The Minister may, if the Minister considers it appropriate in the circumstances, treat the request for review as an appeal, in which case the Minister shall so inform the applicant and refer the request for review to the Board, and the Board shall be considered to have an appeal before it for the purposes of this Part.

Marginal note:Object of review
  • 284 (1) The Minister shall determine, as the case may be, whether the amount of the penalty for the violation was determined in accordance with the regulations or whether the applicant committed the violation, or both.

  • Marginal note:Correction of penalty

    (2) If the Minister determines that the amount of the penalty for the violation was not determined in accordance with the regulations, the Minister shall correct the amount of the penalty.

  • Marginal note:Decision

    (3) The Minister shall make a decision in writing and serve the applicant with a copy of the decision, with reasons.

  • Marginal note:Copy given by employer

    (4) If a decision is made with respect to a notice of violation referred to in subsection 276(3), the employer shall, without delay, give a copy of the decision to the work place committee or health and safety representative, as those terms are defined in subsection 122(1).

  • Marginal note:Obligation to pay

    (5) If the Minister determines that the applicant committed the violation, the applicant is liable for the penalty that is set out in the decision.

  • Marginal note:Decision final

    (6) Subject to the right of appeal under section 285, every decision made under this section is final and shall not be questioned or reviewed in any court.

Appeal

Marginal note:Appeal
  • 285 (1) A person or a department may appeal a decision referred to in section 284 to the Board, in writing, within 15 days after the day on which the decision is served.

  • Marginal note:Grounds of appeal

    (2) The request for appeal shall contain a statement of the grounds of appeal.

Marginal note:Minister informed of appeal
  • 286 (1) The Board shall inform the Minister in writing when an appeal is brought under subsection 285(1) and provide him or her with a copy of the request for appeal.

  • Marginal note:Documents provided to Board

    (2) The Minister shall, on request of the Board, provide to the Board a copy of any document that the Minister relied on for the purpose of making the decision being appealed.

  • Marginal note:Documents provided to Minister

    (3) The Board shall, on request of the Minister, provide to the Minister a copy of any document that is filed with the Board in the appeal.

  • Marginal note:Power of Minister

    (4) The Minister may, in an appeal, present evidence and make representations to the Board.

Marginal note:Object of appeal
  • 287 (1) In an appeal under this Part, the Board shall determine, as the case may be, whether the amount of the penalty for the violation was determined in accordance with the regulations or whether the appellant committed the violation, or both.

  • Marginal note:Correction of penalty

    (2) If the Board determines that the amount of the penalty for the violation was not determined in accordance with the regulations, the Board shall correct the amount of the penalty.

  • Marginal note:Decision

    (3) The Board shall make a decision in writing and provide the appellant and the Minister with a copy of the decision, with reasons.

  • Marginal note:Copy given by employer

    (4) If a decision is made with respect to a notice of violation referred to in subsection 276(3), the employer shall, without delay, give a copy of the decision to the work place committee or health and safety representative, as those terms are defined in subsection 122(1).

  • Marginal note:Obligation to pay

    (5) If the Board determines that the appellant committed the violation, the appellant is liable for the penalty that is set out in the decision.

  • Marginal note:Decision final

    (6) Every decision made under this section is final and shall not be questioned or reviewed in any court.

  • Marginal note:No review by certiorari, etc.

    (7) No order shall be made, process entered or proceeding taken in any court, whether by way of injunction, certiorari, prohibition, quo warranto or otherwise, to question, review, prohibit or restrain the Board in any proceedings under this section.

Marginal note:Wages

288 An employee who has been summoned by the Board to attend at an appeal proceeding under this Part and who attends is entitled to be paid by the employer at the employee’s regular rate of wages for the time spent at the proceeding that would otherwise have been time at work.

Responsibility

Marginal note:Payment

289 If a person or a department pays the penalty set out in a notice of violation, the person or the department is considered to have committed the violation and proceedings in respect of it are ended.

Marginal note:Failure to act

290 A person or a department that neither pays a penalty imposed under this Part nor requests a review or an appeal in the specified time is considered to have committed the violation and is liable for the penalty.

Recovery of Penalties

Marginal note:Debt to Her Majesty
  • 291 (1) A penalty constitutes a debt due to Her Majesty in right of Canada and is recoverable as such in the Federal Court or any other court of competent jurisdiction.

  • Marginal note:Limitation period

    (2) No proceedings to recover the debt may be instituted more than five years after the day on which the debt becomes payable.

Marginal note:Certificate
  • 292 (1) The Minister may issue a certificate certifying the unpaid amount of any debt referred to in subsection 291(1).

  • Marginal note:Registration

    (2) Registration in the Federal Court or in any other court of competent jurisdiction of a certificate issued under subsection (1) has the same force and effect as a judgment of that court for a debt of the amount specified in the certificate and all related registration costs.

General

Marginal note:Admissibility of documents

293 In the absence of evidence to the contrary, a document that appears to be a notice of violation issued under subsection 276(1) is presumed to be authentic and is proof of its contents in any proceeding in respect of a violation.

Marginal note:Burden of proof

294 If the facts of a violation are reviewed or appealed, the person who issued the notice of violation shall establish, on a balance of probabilities, that the applicant or the appellant committed the violation.

Marginal note:Publication

295 The Minister may, subject to the regulations, make public the name of an employer who committed a violation under this Part, the nature of the violation, the amount of the penalty imposed and any other information prescribed by regulation.

2005, c. 47, s. 1Wage Earner Protection Program Act

 Subsection 2(1) of the Wage Earner Protection Program Act is amended by adding the following in alphabetical order:

Board

Board means the Canada Industrial Relations Board established by section 9 of the Canada Labour Code. (Conseil)

 The heading before section 14 and sections 14 and 15 of the Act are replaced by the following:

Appeal to Board

Marginal note:Board

13.1 For the purposes of sections 14 to 20, the Board is considered to be composed of only the Chairperson and Vice-Chairpersons as its members.

Marginal note:Appeal on question of law or jurisdiction
  • 14 (1) The applicant may appeal the decision made by the Minister under section 12 to the Board only on a question of law or jurisdiction.

  • Marginal note:Regulations

    (2) The Board may make regulations respecting the period during which and the manner in which an appeal may be made.

Marginal note:Assignment or appointment
  • 14.1 (1) The Chairperson of the Board may assign a member of the Board or appoint an external adjudicator to determine an appeal that comes before the Board.

  • Marginal note:Powers, duties and functions

    (2) A member of the Board and an external adjudicator have all the powers, duties and functions that are conferred on the Board by this Act with respect to any matter that has been assigned to them or for which they have been appointed, as the case may be, other than the power referred to in subsection 14(2).

  • Marginal note:Decision of member or external adjudicator

    (3) A decision made by a member of the Board or an external adjudicator under this Act is deemed to be a decision made by the Board.

  • Marginal note:Limitation of liability

    (4) A member of the Board and an external adjudicator are not personally liable, either civilly or criminally, for anything done or omitted to be done by them in good faith in the exercise or purported exercise of any power, or in the performance or purported performance of any duty or function, conferred on them under this Act.

  • Marginal note:Remuneration and expenses — external adjudicator

    (5) An external adjudicator shall be paid the remuneration and the fees that may be fixed by the Chairperson of the Board and is entitled to be paid reasonable travel and living expenses incurred by them in the course of their duties while absent from their ordinary place of residence.

Marginal note:Minister informed of appeal
  • 15 (1) The Board shall inform the Minister in writing when an appeal is brought and provide him or her with a copy of the request for appeal.

  • Marginal note:Documents provided to Board

    (2) The Minister shall, on request of the Board, provide to the Board a copy of any document that the Minister relied on for the purpose of making the decision being appealed.

  • Marginal note:Documents provided to Minister

    (3) The Board shall, on request of the Minister, provide to the Minister a copy of any document that is filed with the Board in the appeal.

  • Marginal note:Power of Minister

    (4) The Minister may, in an appeal, make representations to the Board in writing.

 Sections 17 to 20 of the Act are replaced by the following:

Marginal note:Board’s decision

17 The Board may confirm, vary or rescind the decision made by the Minister under section 12. If the Board varies the decision, the Minister shall make any payment resulting from the variation.

Marginal note:Copies of decision

18 The Board shall send a copy of its decision, and the reasons for it, to each party to the appeal and to the Minister.

Marginal note:No review by certiorari, etc.

19 No order may be made to review, prohibit or restrain and no process entered or proceeding taken to question, review, prohibit or restrain in any court — whether by way of injunction, certiorari, prohibition, quo warranto or otherwise — an action of the Board under this Act.

Marginal note:Decision is final

20 The Board’s decision is final and shall not be questioned or reviewed in any court.

 Paragraph 41(g) of the Act is replaced by the following:

  • (g) respecting the period during which and the manner in which a review may be requested under section 11;

Transitional Provisions

Marginal note:Appeals — subsection 146(1)

 The Canada Labour Code, as it read immediately before the day on which this section comes into force, applies with respect to any appeal made before that day under subsection 146(1) of that Act.

Marginal note:Complaints — subsection 240(1)

 The Canada Labour Code, as it read immediately before the day on which this section comes into force, applies with respect to any complaint made before that day under subsection 240(1) of that Act.

Marginal note:Complaints relating to reprisal

 Division XIV.1 of Part III of the Canada Labour Code does not apply with respect to reprisals carried out before the day on which this section comes into force.

Marginal note:Evidence

 Subsection 251(1.2) of the Canada Labour Code does not apply with respect to an inspection, carried out under Part III of that Act, that began before the day on which this section comes into force or that began as a result of a complaint made before that day under subsection 251.01(1) of that Act.

Marginal note:Compliance orders

 Section 251.06 of the Canada Labour Code does not apply to contraventions committed before the day on which this section comes into force.

Marginal note:Review and appeal

 The Canada Labour Code, as it read immediately before the day on which this section comes into force, applies with respect to any request for appeal made before that day under subsection 251.11(1) of that Act and any request for review that the Minister of Labour has decided, before that day, to treat as an appeal under subsection 251.101(7) of that Act.

Marginal note:Order to debtor of director of corporation

 Subsection 251.13(1.1) of the Canada Labour Code does not apply with respect to a payment order issued as a result of an inspection, carried out under Part III of that Act, that began before the day on which this section comes into force or that began as a result of a complaint made before that day under subsection 251.01(1) of that Act.

Marginal note:Administrative fee

 Section 251.131 of the Canada Labour Code does not apply with respect to

  • (a) a payment order issued as a result of an inspection, carried out under Part III of that Act, that began before the day on which this section comes into force or that began as a result of a complaint made before that day under subsection 251.01(1) of that Act; or

  • (b) a decision made under section 251.101 or 251.12 of that Act relating to the payment order.

Marginal note:Part IV of the Canada Labour Code

 Part IV of the Canada Labour Code does not apply to violations committed before the day on which this section comes into force.

Marginal note:Appeals — eligibility to receive payments

 The Wage Earner Protection Program Act, as it read immediately before the day on which this section comes into force, applies with respect to any appeal made before that day under section 14 of that Act.

Marginal note:Persons who occupy a position
  •  (1) All of the persons who occupy a position within the Department of Employment and Social Development and carry out powers, duties or functions that are in whole or in part in support of or related to the powers, duties and functions of appeals officers under Part II of the Canada Labour Code or those of the Minister of Labour under sections 242, 251.11 and 251.12 of that Act immediately before the day on which this section comes into force occupy their position within the Administrative Tribunals Support Service of Canada beginning on a day to be fixed by order of the Governor in Council.

  • Marginal note:No change in status

    (2) Nothing in subsection (1) is to be construed as affecting the status of such a person, except that the person, beginning on the day fixed by the order referred to in subsection (1), occupies their position within the Administrative Tribunals Support Service of Canada.

  • Marginal note:Transfer of money

    (3) Any money that is appropriated by an Act of Parliament, for the fiscal year that includes the day fixed by the order referred to in subsection (1), to defray any charges and expenses of the Department of Employment and Social Development related to an appeal under Part II or III of the Canada Labour Code or to the powers, duties and functions of the Minister of Labour under sections 242, 251.11 and 251.12 of that Act and that is unexpended on that day is deemed, on that day, to be an amount appropriated to defray the charges and expenses of the Administrative Tribunals Support Service of Canada.

Marginal note:Persons who occupy a position
  •  (1) All of the persons who occupy a position within the Department of Employment and Social Development and carry out powers, duties or functions that are in whole or in part in support of or related to the powers, duties and functions of the Minister of Labour under sections 14 to 20 of the Wage Earner Protection Program Act immediately before the day on which this section comes into force occupy their position within the Administrative Tribunals Support Service of Canada beginning on a day to be fixed by order of the Governor in Council.

  • Marginal note:No change in status

    (2) Nothing in subsection (1) is to be construed as affecting the status of such a person, except that the person, beginning on the day fixed by the order referred to in subsection (1), occupies their position within the Administrative Tribunals Support Service of Canada.

  • Marginal note:Transfer of money

    (3) Any money that is appropriated by an Act of Parliament, for the fiscal year that includes the day fixed by the order referred to in subsection (1), to defray any charges and expenses of the Department of Employment and Social Development related to an appeal under sections 14 to 20 of the Wage Earner Protection Program Act and that is unexpended on that day is deemed, on that day, to be an amount appropriated to defray the charges and expenses of the Administrative Tribunals Support Service of Canada.

Consequential Amendments

R.S., c. 33 (2nd Supp.)Parliamentary Employment and Staff Relations Act

 Paragraph 88(b) of the Parliamentary Employment and Staff Relations Act is repealed.

R.S., c. 24 (3rd Supp.), Part III; 2012, c. 31, par. 282(a)Hazardous Materials Information Review Act

 Paragraph 46(2)(c) of the Hazardous Materials Information Review Act is replaced by the following:

  • (c) any official of the Department of Employment and Social Development, the Canada Industrial Relations Board in the exercise of its powers or the performance of its duties or functions under Part II of the Canada Labour Code, other than the powers, duties and functions set out in sections 133 and 134 of that Act, or any person to whom powers, duties or functions have been delegated by the Minister of Labour under subsection 140(1) of that Act, or under an agreement entered into under subsection 140(2) of that Act, for the purposes of the administration or enforcement of Part II of that Act;

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

  •  (1) Subparagraph 240(a)(ii) of the Public Service Labour Relations Act is replaced by the following:

    • (ii) for the purposes of sections 133 and 134 of the Canada Labour Code, Board is to be read as a reference to the Public Service Labour Relations and Employment Board,

  • (2) Paragraph 240(b) of the Act is repealed.

2005, c. 46Public Servants Disclosure Protection Act

 Paragraph 51(b) of the Public Servants Disclosure Protection Act is replaced by the following:

  • (b) the Canada Industrial Relations Board from considering a complaint under section 242 of the Canada Labour Code.

Coordinating Amendments

Marginal note:This Act
  •  (1) If subsection 320(1) comes into force on the same day as subsection 320(2), then subsections 320(1), 322(1), 325(2), 329(2), 363(8) and 364(2) are deemed to have come into force before subsections 320(2), 322(2), 325(3), 329(3), 363(9) and 364(3).

  • (2) If subsection 356(1) comes into force on the same day as subsection 356(2), then subsection 356(1) is deemed to have come into force before subsection 356(2).

  • (3) If subsection 363(1) comes into force on the same day as subsection 363(2), then subsections 363(1) and (4) are deemed to have come into force before subsections 363(2), (5) and (6).

  • (4) If subsection 363(7) comes into force on the same day as subsection 363(8), then subsections 363(7) and 364(1) are deemed to have come into force before subsections 363(8) and 364(2).

  • (5) If section 369 comes into force on the same day as section 370, then section 369 is deemed to have come into force before section 370.

  • (6) If section 371 comes into force on the same day as section 372, then section 371 is deemed to have come into force before section 372.

  • (7) If section 372 comes into force on the same day as section 373, then section 372 is deemed to have come into force before section 373.

Marginal note:2010, c. 12
  •  (1) In this section, other Act means the Jobs and Economic Growth Act.

  • (2) If subsection 338(1) of this Act comes into force before any of sections 2172 to 2177 of the other Act, then any of those sections 2172 to 2177 that is not in force on the day that subsection 338(1) comes into force is repealed.

  • (3) If subsection 338(1) of this Act comes into force on the same day as any of sections 2172 to 2177 of the other Act, then any of those sections that comes into force on that same day is deemed never to have come into force and is repealed.

Marginal note:2015, c. 36

 On the first day on which section 375 of this Act and subsection 91(1) of the Economic Action Plan 2015 Act, No. 1 are in force, paragraph 256(1)(a) of the Canada Labour Code is replaced by the following:

  • (a) contravenes any provision of this Part or the regulations, other than a provision of Division IX, subsection 239.1(2), 239.2(1), 251.001(9) or 252(2) or any regulation made under section 227 or paragraph 264(1)(a) or (a.1);

Marginal note:Bill S-201

 If Bill S-201, introduced in the 1st session of the 42nd Parliament and entitled the Genetic Non-Discrimination Act, receives royal assent, then, on the first day on which both section 8 of that Act and section 354 of this Act are in force,

  • (a) Section 247.99 of the Canada Labour Code is amended by adding the following after subsection (6):

    • Marginal note:Powers of adjudicator

      (6.1) An adjudicator to whom a complaint has been referred under subsection (6)

      • (a) shall consider the complaint within such time as the Governor in Council may by regulation prescribe;

      • (b) shall determine the procedure to be followed, but shall give full opportunity to the parties to the complaint to present evidence and make submissions to the adjudicator and shall consider the information relating to the complaint; and

      • (c) has, in relation to any complaint before the adjudicator, the powers conferred on the Board, in relation to any proceeding before the Board, under paragraphs 16(a), (b) and (c).

  • (b) Subsection 247.99(9) of the Act is replaced by the following:

    • Marginal note:Decisions not to be reviewed by court

      (9) Every order of an adjudicator appointed under subsection (6) is final and shall not be questioned or reviewed in any court.

    • Marginal note:No review by certiorari, etc.

      (10) No order shall be made, process entered or proceeding taken in any court, whether by way of injunction, certiorari, prohibition, quo warranto or otherwise, to question, review, prohibit or restrain an adjudicator in any proceedings of the adjudicator under this section.

    • Marginal note:Enforcement of orders

      (11) Any person affected by an order of an adjudicator under subsection (8), or the Minister on the request of any such person, may, after fourteen days from the date on which the order is made, or from the date provided in it for compliance, whichever is the later date, file in the Federal Court a copy of the order, exclusive of the reasons for it.

    • Marginal note:Registration

      (12) On filing in the Federal Court under subsection (11), an order of an adjudicator shall be registered in the Court and, when registered, has the same force and effect, and all proceedings may be taken on it, as if the order were a judgment obtained in that Court.

    • Marginal note:Civil remedy

      (13) No civil remedy of an employee against his employer is suspended or affected by the making of a complaint under this section.

Coming into Force

Marginal note:Order in council
  •  (1) Subsections 318(1), 320(1) and 322(1), section 323, subsections 324(2) and 325(1) and (2), sections 326 to 328, subsections 329(1) and (2), sections 330 to 337, subsection 338(1), sections 339 to 349 and 351 to 355, subsections 356(2) and (3), 363(8) and 364(2), section 365, subsection 368(1) and sections 370, 378 to 383, 387 and 391 to 397 come into force on a day to be fixed by order of the Governor in Council, but that day must not be before the days fixed in accordance with subsections (2) and (6).

  • Marginal note:Order in council

    (2) Subsection 318(2), section 319, subsections 338(2) and 356(1) and section 384 come into force on a day to be fixed by order of the Governor in Council.

  • Marginal note:Order in council

    (3) Subsections 320(2), 322(2), 325(3) and 329(3), section 360, subsections 363(2), (5), (6) and (9) and 364(3) and sections 373, 377, 386 and 390 come into force on a day to be fixed by order of the Governor in Council, but that day must not be before the day fixed in accordance with subsection (1).

  • Marginal note:Order in council

    (4) Sections 350 and 376 come into force on a day to be fixed by order of the Governor in Council.

  • Marginal note:Order in council

    (5) Sections 357 and 359, subsections 361(1), (3) and (4), section 362, subsections 363(1), (4) and (7) and 364(1) and sections 371, 374 and 385 come into force on a day to be fixed by order of the Governor in Council.

  • Marginal note:Order in council

    (6) Section 358, subsection 361(2) and sections 369, 372 and 375 come into force on a day to be fixed by order of the Governor in Council, but that day must not be before the day fixed in accordance with subsection (5).

  • Marginal note:Order in council

    (7) Subsections 363(3) and 364(4), sections 366 and 367, subsection 368(2) and sections 388 and 389 come into force on a day to be fixed by order of the Governor in Council.

DIVISION 18Canada Infrastructure Bank Act

Enactment of Act

Marginal note:Enactment

 The Canada Infrastructure Bank Act is enacted as follows:

An Act to establish the Canada Infrastructure Bank

Short Title

Marginal note:Short title

1 This Act may be cited as the Canada Infrastructure Bank Act.

Interpretation

Marginal note:Definitions

2 The following definitions apply in this Act.

Bank

Bank means the Canada Infrastructure Bank established by subsection 5(1). (Banque)

Board

Board means the board of directors of the Bank. (conseil)

Chairperson

Chairperson means the Chairperson of the Board. (président)

Chief Executive Officer

Chief Executive Officer means the chief executive officer of the Bank. (premier dirigeant)

designated Minister

designated Minister means the member of the Queen’s Privy Council for Canada who is designated as the Minister under section 3. (ministre désigné)

director

director means a member of the Board. (administrateur)

infrastructure projects

infrastructure projects means projects described in section 6. (projets d’infrastructures)

joint venture

joint venture means an association of persons, when the relationship among those associated persons does not constitute a corporation, partnership or trust. (coentreprise)

person

person includes a trust, a partnership, a joint venture and an association of natural persons or corporations. (personne)

subsidiary

subsidiary means a subsidiary within the meaning of subsection 83(6) of the Financial Administration Act. (filiale)

wholly-owned subsidiary

wholly-owned subsidiary has the same meaning as in subsection 83(1) of the Financial Administration Act. (filiale à cent pour cent)

Designation and Appropriate Minister

Marginal note:Designation of Minister

3 The Governor in Council may designate a member of the Queen’s Privy Council for Canada to be the Minister for the purposes of this Act.

Marginal note:Appropriate Minister

4 The designated Minister is the appropriate Minister for the Bank for the purposes of Part X of the Financial Administration Act.

Establishment and Organization of the Bank

Status of the Bank

Marginal note:Establishment
  • 5 (1) A corporation is established to be known as the Canada Infrastructure Bank.

  • Marginal note:Head office

    (2) The head office of the Bank is to be at a place in Canada that is designated by the Governor in Council.

  • Marginal note:Capacity

    (3) The Bank has the capacity and, subject to the provisions of this Act and of the regulations, the rights, powers and privileges of a natural person.

  • Marginal note:Not a Crown agent

    (4) The Bank is not an agent of Her Majesty in right of Canada, except when

    • (a) giving advice about investments in infrastructure projects to ministers of Her Majesty in right of Canada, to departments, boards, commissions and agencies of the Government of Canada and to Crown corporations as defined in subsection 83(1) of the Financial Administration Act;

    • (b) collecting and disseminating data in accordance with paragraph 7(1)(g);

    • (c) acting on behalf of the government of Canada in the provision of services or programs, and the delivery of financial assistance, specified in paragraph 18(h); and

    • (d) carrying out any activity conducive to the carrying out of its purpose that the Governor in Council may, by order, specify.

Purpose and Functions

Marginal note:Purpose of Bank

6 The purpose of the Bank is to invest, and seek to attract investment from private sector investors and institutional investors, in infrastructure projects in Canada or partly in Canada that will generate revenue and that will be in the public interest by, for example, supporting conditions that foster economic growth or by contributing to the sustainability of infrastructure in Canada.

Marginal note:Functions of Bank
  • 7 (1) In order to carry out its purpose, the Bank may do only the following:

    • (a) structure proposals and negotiate agreements, with the proponents of infrastructure projects and with investors in infrastructure projects, with regard to the Government of Canada’s support of those projects;

    • (b) invest in infrastructure projects, including by means of innovative financial tools, and seek to attract investment from private sector investors and institutional investors in infrastructure projects;

    • (c) receive unsolicited proposals for infrastructure projects that come from private sector investors or from institutional investors;

    • (d) support infrastructure projects by, among other things, fostering evidence-based decision making;

    • (e) act as a centre of expertise on infrastructure projects in which private sector investors or institutional investors are making a significant investment;

    • (f) provide advice to all levels of governments with regard to infrastructure projects;

    • (g) collect and disseminate data, in collaboration with the federal, provincial and municipal governments, in order to monitor and assess the state of infrastructure in Canada and to better inform investment decisions in regards to infrastructure projects; and

    • (h) perform any other function conducive to the carrying out of its purpose that the Governor in Council may, by order, specify.

  • Marginal note:Cessation of order’s effect

    (2) An order made under paragraph (1)(h) ceases to have effect on the second anniversary of the day on which it is made.

Board and Chief Executive Officer

Marginal note:Membership of Board
  • 8 (1) The Bank has a board of directors composed of the Chairperson and not fewer than eight, but not more than 11, other directors.

  • Marginal note:Appointment of directors

    (2) Each director, other than the Chairperson, is to be appointed by the Governor in Council to hold office during pleasure for a term of not more than four years that will ensure, to the extent possible, the expiry in any one year of the terms of office of not more than one half of the directors.

  • Marginal note:Appointment of Chairperson

    (3) The Chairperson is to be appointed by the Governor in Council to hold office during pleasure for a term that the Governor in Council considers appropriate.

  • Marginal note:Committee to advise designated Minister

    (4) The designated Minister may establish a committee to provide him or her with advice on the appointment of directors. The committee is to include representation from the Board.

  • Marginal note:Consultation

    (5) The designated Minister may undertake any other consultations as to the appointment of directors that he or she considers appropriate, including with the provinces.

  • Marginal note:Termination of appointment

    (6) The Governor in Council may terminate the appointment of, or remove or suspend, any director. However, before terminating the appointment of or removing or suspending the Chairperson, the Governor in Council must consult with the Board. The Board may also, with the approval of the Governor in Council, terminate the appointment of or remove or suspend any director.

  • Marginal note:Reappointment

    (7) A director is eligible for reappointment.

  • Marginal note:Continuation in office

    (8) Despite subsection (2), if a director is not appointed to take office on the expiry of the term of an incumbent director, other than the Chairperson, the incumbent director continues in office until their successor is appointed.

  • Marginal note:Absence or incapacity

    (9) If the Chairperson is absent or unable to act or the office of Chairperson is vacant, the Board may authorize one of the other directors to act as Chairperson, but that person is not authorized to act as Chairperson for a period of more than 180 days without the approval of the Governor in Council.

Marginal note:Appointment of Chief Executive Officer
  • 9 (1) A Chief Executive Officer is to be appointed by the Board to hold office during pleasure for a term to be fixed by the Board. The appointment and term of office are subject to the approval of the Governor in Council.

  • Marginal note:Termination of appointment

    (2) The Governor in Council may, after consulting with the Board, terminate the appointment of or remove or suspend the Chief Executive Officer. The Board may also, with the approval of the Governor in Council, terminate the appointment of or remove or suspend the Chief Executive Officer.

  • Marginal note:Full-time office

    (3) The Chief Executive Officer must carry out the duties and functions of his or her office on a full-time basis.

  • Marginal note:Absence or incapacity

    (4) If the Chief Executive Officer is absent or unable to act or the office of Chief Executive Officer is vacant, the designated Minister may appoint a person to act as Chief Executive Officer.

  • Marginal note:Attendance at Board meetings

    (5) Subject to any by-law of the Board, the Chief Executive Officer may attend meetings of the Board or any committee of the Board.

Marginal note:Ineligibility for appointment

10 An individual is not eligible to be appointed as the Chief Executive Officer, the Chairperson or a director if the individual

  • (a) is less than 18 years of age;

  • (b) has the status of bankrupt;

  • (c) is employed in the federal public administration or by a provincial, municipal or local authority; or

  • (d) is a member of the Senate or House of Commons or a member of the legislature of a province.

Marginal note:No overlapping offices

11 An individual is not entitled to hold the offices of Chairperson and Chief Executive Officer at the same time.

Marginal note:Remuneration
  • 12 (1) The Chief Executive Officer, the Chairperson and each of the other directors are to be paid by the Bank remuneration for their services in respect of that office.

  • Marginal note:Rate of remuneration — directors

    (2) The rate of any remuneration paid to the Chairperson and the other directors is to be fixed by the Governor in Council.

  • Marginal note:Rate of remuneration — Chief Executive Officer

    (3) The rate of any remuneration paid to the Chief Executive Officer is to be fixed by the Governor in Council on the recommendation of the Board. In making its recommendation, the Board is to take into account the skills required for the position and the remuneration paid to persons in comparable positions.

Marginal note:Expenses of directors
  • 13 (1) Each director is to be paid by the Bank reasonable travel and living expenses incurred in connection with their services in respect of that office while absent from their ordinary place of residence.

  • Marginal note:Expenses of Chief Executive Officer

    (2) The Chief Executive Officer is to be paid by the Bank reasonable travel and living expenses incurred in connection with his or her services in respect of that office while absent from his or her ordinary place of work.

Marginal note:Accident compensation

14 The directors and the officers and the employees of the Bank are deemed to be employees for the purposes of the Government Employees Compensation Act and to be employed in the federal public administration for the purposes of any regulations made under section 9 of the Aeronautics Act.

Marginal note:Committees of Board
  • 15 (1) The Board may establish any committee of the Board that it considers advisable and may determine the committee’s composition and duties and the tenure of its members.

  • Marginal note:Delegation of powers

    (2) The Board may delegate powers to any of its committees to act in all matters that are not by this Act or any by-law or resolution specifically reserved to the Board.

Financial Management and Control

Marginal note:Corporate plans

16 The Bank must annually submit a corporate plan to the designated Minister, who may, with the concurrence of the Minister of Finance, recommend it for the approval of the Governor in Council.

Marginal note:Operating budgets
  • 17 (1) The Bank must annually submit an operating budget for its next financial year to the designated Minister, who may, with the concurrence of the Minister of Finance, recommend it for the approval of the Treasury Board.

  • Marginal note:Capital budgets

    (2) The Bank must annually submit a capital budget for its next financial year to the designated Minister, who may, with the concurrence of the Minister of Finance, recommend it for the approval of the Treasury Board.

Certain Bank Powers

Marginal note:Investments, etc.

18 In particular, the Bank may

  • (a) make investments in any person, including by way of equity investment in, or by making a loan to or acquiring a derivative from, the person;

  • (b) extend credit or provide liquidity to, or in relation to, any person;

  • (c) acquire and deal with as its own any investment made by another person;

  • (d) acquire and hold security or a security interest, including, in Quebec, a right in a security, of any kind and in any form for the due discharge of obligations under an investment or agreement that it makes;

  • (e) surrender the security, security interest or right in the security and acquire and hold, in exchange, security or a security interest, including, in Quebec, a right in a security, of any kind and in any form;

  • (f) realize the security, security interest or right in the security made, acquired or held by it on the investment or agreement;

  • (g) exchange, sell, assign, convey or otherwise dispose of, or lease, the investment, agreement, security, security interest or right in a security;

  • (h) enter into arrangements or agreements with, and act as agent or mandatary for, any department or agency of the government of Canada or a province, or any other body or person, for the provision of services or programs to, by, on behalf of or jointly with that body or person, and deliver financial assistance on their behalf under the arrangement or agreement;

  • (i) accept any interest or rights in real property or personal property or any rights in immovables or movables as security for the due performance of any arrangement or agreement with the Bank;

  • (j) determine and charge interest and any other form of compensation for services provided by the Bank in the exercise of its powers or the performance of its functions under this Act;

  • (k) acquire and dispose of any interest or right in any entity by any means; and

  • (l) acquire, hold, exchange, sell or otherwise dispose of, or lease, any interest or rights in real property or personal property or any right in immovables or movables and retain and use the proceeds of disposition.

Marginal note:Loan guarantees — limitation
  • 19 (1) The Bank may provide loan guarantees only in accordance with this section.

  • Marginal note:Recommendation

    (2) The Bank may recommend to the designated Minister that the Minister of Finance approve a loan guarantee with respect to an infrastructure project. If the designated Minister concurs with the recommendation, he or she is to recommend to the Minister of Finance that the Minister of Finance approve the loan guarantee.

  • Marginal note:Power to provide

    (3) The Bank may provide a loan guarantee with respect to an infrastructure project only if the Minister of Finance approves the loan guarantee.

Marginal note:Non-application of provision

20 Section 91 of the Financial Administration Act does not apply to or in respect of the Bank or a wholly-owned subsidiary of the Bank.

Marginal note:Subsidiaries — Ministerial authorization

21 The Bank or a wholly-owned subsidiary of the Bank may procure the incorporation, dissolution or amalgamation of its subsidiaries, and acquire or dispose of any shares in its subsidiaries, only with the concurrence of the designated Minister.

Powers of Minister of Finance

Marginal note:Recommendation for loan or loan guarantee
  • 22 (1) The Bank may recommend to the designated Minister that the Minister of Finance make a loan or provide a loan guarantee with respect to an infrastructure project. If the designated Minister concurs with the recommendation, he or she is to recommend to the Minister of Finance that the Minister of Finance make the loan or provide the loan guarantee.

  • Marginal note:Power to make loan or provide loan guarantee

    (2) The Minister of Finance, on the recommendation of the designated Minister, may make a loan or provide a loan guarantee with respect to the infrastructure project.

Marginal note:Capital payments

23 The Minister of Finance may pay to the Bank, out of the Consolidated Revenue Fund, amounts of not more than $35,000,000,000 in the aggregate, or any greater aggregate amount that may be authorized from time to time under an appropriation Act.

Marginal note:Loans to the Bank

24 At the request of the Bank, the Minister of Finance may lend money to the Bank, on the recommendation of the designated Minister, out of the Consolidated Revenue Fund, on any terms and conditions that the Minister of Finance may fix.

Miscellaneous Provisions

Marginal note:Capital and shares
  • 25 (1) The capital of the Bank is $100, divided into 10 shares having a par value of $10 each. The shares are to be issued to the designated Minister to be held on behalf of Her Majesty in right of Canada.

  • Marginal note:Registration

    (2) The shares issued to the designated Minister are to be registered by the Bank in the name of the designated Minister.

Marginal note:Financial year

26 The financial year of the Bank is the period of 12 months beginning on April 1 and ending on the next March 31, unless the Governor in Council directs otherwise.

Marginal note:Five-year review
  • 27 (1) Every five years beginning on the day on which this Act comes into force, the designated Minister must have a review of the provisions and operation of this Act undertaken.

  • Marginal note:Report to Parliament

    (2) Within one year after the review is undertaken, the designated Minister must cause a copy of the report on the review to be laid before each House of Parliament.

  • Marginal note:Review of report

    (3) The report must be reviewed by any committee of the Senate or of the House of Commons, or any joint committee, that may be designated or established for the purpose of reviewing the report.

Marginal note:Privileged information
  • 28 (1) Subject to subsection (2), all information obtained by the Bank, by any of the Bank’s subsidiaries or by any of the subsidiaries of the Bank’s wholly-owned subsidiaries in relation to the proponents of, or private sector investors or institutional investors in, infrastructure projects is privileged and a director, officer, employee, or agent or mandatary of, or adviser or consultant to, the Bank, any of its subsidiaries, or any of the subsidiaries of its wholly-owned subsidiaries must not knowingly communicate, disclose or make available the information, or permit it to be communicated, disclosed or made available.

  • Marginal note:Authorized disclosure

    (2) Privileged information may be communicated, disclosed or made available in the following circumstances:

    • (a) it is communicated, disclosed or made available for the purpose of the administration or enforcement of this Act and legal proceedings related to it;

    • (b) it is communicated, disclosed or made available for the purpose of prosecuting an offence under this Act or any other Act of Parliament;

    • (c) it is communicated, disclosed or made available to the Minister of National Revenue solely for the purpose of administering or enforcing the Income Tax Act or the Excise Tax Act; or

    • (d) it is communicated, disclosed or made available with the written consent of the person to whom the information relates.

Marginal note:Use of Bank’s name, initials or acronyms

29 Except with the written consent of the Bank, a person must not in any prospectus or advertisement, or for any other business purpose, use the name of the Bank, the initials “C.I.B.” or “B.I.C.” or the acronyms “CIB” or “BIC” in reference to any function of the Bank under section 7.

Marginal note:Auditors

30 The Auditor General of Canada and an auditor appointed annually by the Governor in Council under subsection 134(1) of the Financial Administration Act are the auditors of the Bank.

Marginal note:Offence

31 A person who contravenes section 28 or 29 is guilty of an offence and liable on summary conviction to a fine of not more than $10,000 or to imprisonment for a term of not more than six months, or to both.

Marginal note:Regulations

32 The Governor in Council may make regulations for the purpose of carrying out the purposes and provisions of this Act, including regulations setting out requirements in respect of the exercise of the Bank’s powers under this Act.

Marginal note:Inconsistency

33 In the event of any inconsistency between this Act and Part X of the Financial Administration Act, this Act prevails to the extent of the inconsistency.

Transitional Provisions

Marginal note:First Chief Executive Officer
  • 34 (1) The first Chief Executive Officer is to be appointed by the Governor in Council to hold office during pleasure for a term that the Governor in Council considers appropriate.

  • Marginal note:Consultation

    (2) Before the first Chief Executive Officer is appointed, the designated Minister must consult with any directors then in office.

  • Marginal note:Chairperson’s interim powers

    (3) During the period before the first day on which there is a Chairperson and at least eight other directors in office, the Chairperson, once appointed, comprises the Board and may exercise all the powers of the Board, and during the period before the first Chief Executive Officer is appointed, the Chairperson may exercise all the powers of the Chief Executive Officer.

Consequential Amendments

R.S., c. A-1Access to Information Act

 Schedule II to the Access to Information Act is amended by adding, in alphabetical order, a reference to

  • Canada Infrastructure Bank Act

    Loi sur la Banque de l’infrastructure du Canada

and a corresponding reference to “section 28”.

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

 Part I of Schedule III to the Financial Administration Act is amended by adding, in alphabetical order, a reference to

  • Canada Infrastructure Bank

    Banque de l’infrastructure du Canada

R.S., c. M-13; 2000, c. 8, s. 2Payments in Lieu of Taxes Act

 Schedule IV to the Payments in Lieu of Taxes Act is amended by adding, in alphabetical order, a reference to

  • Canada Infrastructure Bank

    Banque de l’infrastructure du Canada

DIVISION 192000, c. 17; 2001, c. 41, s. 48Proceeds of Crime (Money Laundering) and Terrorist Financing Act

Amendments to the Act

  •  (1) The definition courier in section 2 of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act is repealed.

  • (2) The definition client in section 2 of the Act is replaced by the following:

    client

    client includes a person or entity that engages in a financial transaction with another person or entity. (client)

  • (3) Section 2 of the Act is amended by adding the following in alphabetical order:

    foreign state

    foreign state, except for the purposes of Part 2, means a country other than Canada and includes any political subdivision or territory of a foreign state. (État étranger)

  • (4) Section 2 of the Act is renumbered as subsection 2(1) and is amended by adding the following:

    • Marginal note:Definitions — regulations

      (2) The Governor in Council may, on the recommendation of the Minister, make regulations defining the following words and expressions:

      • (a) courier;

      • (b) monetary instruments;

      • (c) shell bank; and

      • (d) identifying information, for the purposes of subsection 54.1(3).

  •  (1) Section 5 of the Act is amended by adding the following after paragraph (e):

    • (e.1) trust companies incorporated or formed by or under a provincial Act that are not regulated by a provincial Act;

  • (2) Paragraphs 5(i) and (j) of the Act are replaced by the following:

    • (i) persons and entities engaged in a prescribed business, profession or activity;

    • (j) persons and entities engaged in a prescribed business or profession, while carrying out a prescribed activity;

  • (3) Paragraph 5(l) of the Act is replaced by the following:

    • (l) departments and agents or mandataries of Her Majesty in right of Canada or of a province that are engaged in the business of accepting deposit liabilities, that issue or sell money orders to, or redeem them from, the public or that sell prescribed precious metals, while carrying out a prescribed activity; and

 Sections 6 and 6.1 of the Act are replaced by the following:

Marginal note:Record keeping

6 Every person or entity referred to in section 5 shall keep records in accordance with the regulations.

Marginal note:Verifying identity

6.1 Every person or entity referred to in section 5 shall verify the identity of a person or entity in accordance with the regulations.

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

Marginal note:Transactions if reasonable grounds to suspect

7 Subject to section 10.1, every person or entity referred to in section 5 shall, in accordance with the regulations, report to the Centre every financial transaction that occurs or that is attempted in the course of their activities and in respect of which there are reasonable grounds to suspect that

 Subsection 7.1(1) of the Act is replaced by the following:

Marginal note:Disclosure

 Section 8 of the Act is replaced by the following:

Marginal note:No disclosure of reports

8 No person or entity shall disclose that they have made, are making or will make a report under section 7, or disclose the contents of such a report, with the intent to prejudice a criminal investigation, whether or not a criminal investigation has begun.

 The portion of subsection 9(1) of the Act before paragraph (a) is replaced by the following:

Marginal note:Financial transactions to be reported
  • 9 (1) Subject to section 10.1, every person or entity referred to in section 5 shall report to the Centre, in accordance with the regulations,

 Sections 9.1 and 9.2 of the Act are replaced by the following:

Marginal note:Reports under other Acts

9.1 Subject to section 9, every person or entity that is required to make a report to the Centre under another Act of Parliament or any regulations under it shall make the report in the form and manner and within the period prescribed under this Act for a report under that Act.

Marginal note:Inability to verify identity

9.2 No person or entity that is referred to in section 5 shall open an account for a client if the person or entity cannot verify the identity of the client in accordance with the regulations.

  •  (1) The portion of subsection 9.4(1) of the Act before paragraph (a) is replaced by the following:

    Marginal note:Correspondent banking
    • 9.4 (1) Every entity referred to in any of paragraphs 5(a), (b), (d) and (e) and every other entity that is referred to in section 5 and that is prescribed shall take the measures referred to in the regulations in respect of any correspondent banking relationship it enters into with a prescribed foreign entity and shall take the following measures before entering into such a correspondent banking relationship:

  • (2) The portion of subsection 9.4(1) of the Act before paragraph (a) is replaced by the following:

    Marginal note:Correspondent banking
    • 9.4 (1) Every entity referred to in any of paragraphs 5(a), (b), (d), (e) and (e.1) and every other entity that is referred to in section 5 and that is prescribed shall take the measures referred to in the regulations in respect of any correspondent banking relationship it enters into with a prescribed foreign entity and shall take the following measures before entering into such a correspondent banking relationship:

  • (3) Subsection 9.4(3) of the Act is replaced by the following:

    • Marginal note:Definition of correspondent banking relationship

      (3) For the purposes of this section, correspondent banking relationship means a relationship created by an agreement or arrangement under which an entity referred to in any of paragraphs 5(a), (b), (d), (e) and (e.1) or an entity that is referred to in section 5 and that is prescribed undertakes to provide to a prescribed foreign entity prescribed services or international electronic funds transfers, cash management or cheque clearing services.

 Subsection 9.6(3) of the Act is replaced by the following:

  • Marginal note:Special measures

    (3) If, at any time, the person or entity considers that the risk referred to in subsection (2) is high, or in the prescribed circumstances, the person or entity shall take the special measures referred to in the regulations.

 The Act is amended by adding the following after section 9.6:

Marginal note:Measures and information: paragraph 5(e.1)
  • 9.61 (1) Every entity referred to in paragraph 5(e.1) shall take the prescribed measures related to the program referred to in subsection 9.6(1) and shall provide the prescribed information to the Centre in the prescribed circumstances.

  • Marginal note:Service

    (2) An entity referred to in paragraph 5(e.1) must provide to the Centre the name and address for service of a person who resides in Canada and who is authorized to accept, on behalf of the entity, notices that are served or caused to be served by the Centre under this Act.

  • Marginal note:Authorized person

    (3) The service of a notice by or on behalf of the Centre on an entity referred to in paragraph 5(e.1) is sufficient if it is served on the person whose name is provided under subsection (2).

  •  (1) Subsection 9.7(1) of the Act is replaced by the following:

    Marginal note:Foreign branches and subsidiaries
    • 9.7 (1) Every entity referred to in any of paragraphs 5(a) to (g), except for authorized foreign banks within the meaning of section 2 of the Bank Act and for foreign companies within the meaning of subsection 2(1) of the Insurance Companies Act, shall, in respect of its foreign branches, and in respect of its foreign subsidiaries that carry out activities similar to those of entities referred to in those paragraphs and that are either wholly-owned by the entity or have financial statements that are consolidated with those of the entity, develop policies that establish requirements similar to the requirements of sections 6, 6.1 and 9.6 and ensure that those branches and subsidiaries apply those policies to the extent it is permitted by, and does not conflict with, the laws of the foreign state in which the branch or subsidiary is located.

  • (2) Subsection 9.7(4) of the Act is replaced by the following:

    • Marginal note:Records and reporting

      (4) If the application by a foreign branch or a foreign subsidiary of a policy referred to in subsection (1) is not permitted by or would conflict with the laws of the foreign state in which the branch or subsidiary is located, the entity shall keep, in accordance with section 6, a record of that fact and of the reasons why it is not permitted or it would conflict and shall, within a reasonable time, notify the Centre, and the principal agency or body that supervises or regulates it under federal or provincial law, of that fact and those reasons.

 Section 11.1 of the Act is replaced by the following:

Marginal note:Registration requirement

11.1 Except as otherwise prescribed by regulation, every person or entity referred to in paragraph 5(h), those referred to in paragraph 5(l) that issue or sell money orders to, or redeem them from, the public, and every other person or entity that is referred to in section 5 and that is prescribed must be registered with the Centre in accordance with this section and sections 11.11 to 11.2.

  •  (1) Paragraph 11.11(1)(a) of the Act is replaced by the following:

    • (a) a person or entity that is subject to sanctions associated with terrorist activity or a prohibition relating to financial services under the United Nations Act;

  • (2) Subsection 11.11(1) of the Act is amended by adding the following after paragraph (b):

  • (3) The portion of paragraph 11.11(1)(c) of the French version of the Act before subparagraph (i) is replaced by the following:

    • c) la personne ou entité condamnée pour l’une ou l’autre des infractions ci-après ou qui a été condamnée pour une infraction essentiellement similaire prévue par les lois d’un État étranger :

  • (4) Subparagraphs 11.11(1)(c)(i) to (iv) of the English version of the Act are replaced by the following:

    • (i) a money laundering offence, or an offence under the laws of a foreign state that is substantially similar to a money laundering offence,

    • (ii) a terrorist activity financing offence, or an offence under the laws of a foreign state that is substantially similar to a terrorist activity financing offence,

    • (iii) an offence under this Act or the Proceeds of Crime (money laundering) Act, chapter 26 of the Statutes of Canada, 1991 when convicted on indictment, or an offence under the laws of a foreign state that is substantially similar to an offence under either Act,

    • (iv) an offence under any of sections 83.18 to 83.231, 354 or 467.11 to 467.13 of the Criminal Code, or an offence under the laws of a foreign state that is substantially similar to such an offence, or

  • (5) The portion of paragraph 11.11(1)(d) of the Act before subparagraph (i) is replaced by the following:

    • (d) a person or entity that has been convicted on indictment or convicted more than once of an offence under any of the following, or that has been convicted of an offence under the laws of a foreign state that is substantially similar to an offence under any of the following:

  • (6) Paragraph 11.11(1)(e) of the Act is replaced by the following:

    • (e) an entity that is a corporation in respect of which a director, the chief executive officer, the president or a person who owns or controls, directly or indirectly, 20% or more of the shares has been convicted on indictment of an offence under this Act or the Proceeds of Crime (money laundering) Act, chapter 26 of the Statutes of Canada, 1991 or has been convicted of an offence under the laws of a foreign state that is substantially similar to an offence under either Act;

 Subsection 11.12(1) of the Act is replaced by the following:

Marginal note:Application for registration
  • 11.12 (1) An application for registration shall be submitted to the Centre in the prescribed form and manner, shall include a list of the applicant’s agents or mandataries or branches that are engaged, on behalf of the applicant, in the activities referred to in paragraph 5(h), in issuing or selling money orders to, or redeeming them from, the public if the applicant is a person or entity referred to in paragraph 5(l), or in any prescribed activities, and shall include any prescribed information.

 Section 11.41 of the Act is replaced by the following:

Marginal note:Definition of foreign entity

11.41 In this Part, foreign entity means an entity, other than an entity referred to in section 5, that is incorporated or formed by or under the laws of a foreign state, including its subsidiaries, if any, and that does not carry on business in Canada, if it carries out activities similar to those of entities referred to in any of paragraphs 5(a) to (g) or activities referred to in paragraph 5(h) or (h.1).

  •  (1) Subsection 11.42(1) of the Act is replaced by the following:

    Marginal note:Minister’s written directive
    • 11.42 (1) In addition to any other measure required by this Act, the Minister may, by written directive, require any person or entity referred to in section 5 to take, in order to safeguard the integrity of Canada’s financial system, any measure specified in the directive with respect to any financial transaction, or any financial transaction within a class of financial transactions, originating from or bound for any foreign state, foreign entity or entity referred to in paragraph 5(e.1), that occurs or is attempted in the course of their activities, or with respect to any activity that is related to any such financial transaction or class of financial transactions.

  • (2) Paragraph 11.42(2)(d) of the Act is replaced by the following:

    • (d) the keeping of any records;

  • (3) Paragraphs 11.42(4)(a) and (b) of the Act are replaced by the following:

    • (a) an international organization, body, association or coalition or a grouping of states (such as the Financial Action Task Force) of which Canada is a member has called on its members to take measures in relation to a foreign state, foreign entity or entity referred to in paragraph 5(e.1) on the ground that the state’s or entity’s anti-money laundering or anti-terrorist financing measures are ineffective or insufficient; or

    • (b) the anti-money laundering or anti-terrorist financing measures that a foreign state, a foreign entity or an entity referred to in paragraph 5(e.1) has implemented are ineffective or insufficient and, as a result, the Minister is of the opinion that there could be an adverse impact on the integrity of the Canadian financial system or a reputational risk to that system.

 Section 11.44 of the Act is replaced by the following:

Marginal note:Foreign branches and subsidiaries
  • 11.44 (1) Every entity referred to in any of paragraphs 5(a) to (g), except for authorized foreign banks within the meaning of section 2 of the Bank Act and for foreign companies within the meaning of subsection 2(1) of the Insurance Companies Act, shall ensure that its foreign branches, and that its foreign subsidiaries that carry out activities similar to those of entities referred to in those paragraphs and that are either wholly-owned by the entity or have financial statements that are consolidated with those of the entity, comply with any directive issued under this Part, except with respect to any reporting measure as contemplated by paragraph 11.42(2)(e), to the extent it is permitted by, and does not conflict with, the laws of the foreign state in which the branch or subsidiary is located.

  • Marginal note:Records and reporting

    (2) If compliance with a directive by a branch or a subsidiary is not permitted by or would conflict with the laws of the foreign state in which the branch or subsidiary is located, the entity shall keep, in accordance with section 6, a record of that fact and of the reasons why it is not permitted or it would conflict, and shall, within a reasonable time, notify the Centre, and the principal agency or body that supervises or regulates it under federal or provincial law, of that fact and those reasons.

  •  (1) Paragraph 11.49(1)(a) of the Act is replaced by the following:

    • (a) imposing a limitation or a prohibition on any person or entity referred to in section 5, with respect to entering into, undertaking or facilitating, directly or indirectly, any financial transaction, or any financial transaction within a class of financial transactions, originating from or bound for any foreign state, foreign entity or entity referred to in paragraph 5(e.1);

  • (2) Paragraphs 11.49(3)(a) and (b) of the Act are replaced by the following:

    • (a) if

      • (i) an international organization, body, association or coalition or a grouping of states (such as the Financial Action Task Force) of which Canada is a member has called on its members to take measures in relation to a foreign state, foreign entity or entity referred to in paragraph 5(e.1) on the ground that the state’s or entity’s anti-money laundering or anti-terrorist financing measures are ineffective or insufficient, and

      • (ii) there is a risk that money laundering activities or terrorist financing activities may be carried out in that foreign state or by means of that foreign entity or entity referred to in paragraph 5(e.1); or

    • (b) if the anti-money laundering or anti-terrorist financing measures that a foreign state, a foreign entity or an entity referred to in paragraph 5(e.1) has implemented are ineffective or insufficient, the risk of money laundering activities or terrorist financing activities being carried out in that foreign state or by means of that foreign entity or entity referred to in paragraph 5(e.1) is significant and, as a result, the Minister is of the opinion that there could be an adverse impact on the integrity of the Canadian financial system or a reputational risk to that system.

 Section 11.6 of the Act is replaced by the following:

Marginal note:Foreign branches

11.6 Every entity referred to in any of paragraphs 5(a) to (g), except for authorized foreign banks within the meaning of section 2 of the Bank Act and for foreign companies within the meaning of subsection 2(1) of the Insurance Companies Act, shall ensure that its foreign branches comply with any regulation made under subsection 11.49(1) to the extent it is permitted by, and does not conflict with, the laws of the foreign state in which the branch is located.

 Subsection 30(1) of the Act is replaced by the following:

Marginal note:Appeal to Federal Court
  • 30 (1) A person who makes a request under section 25 for a decision of the Minister may, within 90 days after being notified of the decision, appeal the decision by way of an action in the Federal Court in which the person is the plaintiff and the Minister is the defendant.

 Paragraph 53.3(1)(c) of the Act is replaced by the following:

  • (c) a government of a foreign state, an international organization or an institution or agency of a foreign state that has powers and duties similar to those of the Centre, with which the Minister or the Centre has entered into a written agreement or arrangement under subsection 56(1) or (2), if the agreement or arrangement so provides.

 Subsection 55(7) of the Act is amended by striking out “and” at the end of paragraph (p) and by adding the following after paragraph (q):

  • (r) the name, address, electronic mail address and telephone number of every trustee and every known beneficiary and settlor of a trust referred to in paragraph (a);

  • (s) the name, address, electronic mail address and telephone number of each person who owns or controls, directly or indirectly, 25% or more of an entity referred to in paragraph (a), other than a trust; and

  • (t) information respecting the ownership, control and structure of an entity referred to in paragraph (a).

  •  (1) Subsection 55.1(1) of the Act is amended by striking out “and” at the end of paragraph (c), by adding “and” at the end of paragraph (d) and by adding the following after paragraph (d):

    • (e) the Department of National Defence and the Canadian Forces, if the Centre also has reasonable grounds to suspect that the information is relevant to such a threat as it relates to that Department or the Canadian Forces.

  • (2) Subsection 55.1(3) of the Act is amended by striking out “and” at the end of paragraph (p) and by adding the following after paragraph (q):

    • (r) the name, address, electronic mail address and telephone number of every trustees and every known beneficiary and settlor of a trust referred to in paragraph (a);

    • (s) the name, address, electronic mail address and telephone number of each person who owns or controls, directly or indirectly, 25% or more of an entity referred to in paragraph (a), other than a trust; and

    • (t) information respecting the ownership, control and structure of an entity referred to in paragraph (a).

 Subsection 56(1) of the Act is replaced by the following:

Marginal note:Agreements and arrangements
  • 56 (1) The Minister may enter into an agreement or arrangement, in writing, with the government of a foreign state or an international organization regarding the exchange, between the Centre and any institution or agency of that state or organization that has powers and duties similar to those of the Centre, of information that the Centre, institution or agency has reasonable grounds to suspect would be relevant to investigating or prosecuting a money laundering offence or a terrorist activity financing offence, or an offence that is substantially similar to either offence.

  •  (1) The portion of subsection 56.1(1) of the Act before paragraph (a) is replaced by the following:

    Marginal note:Disclosure to foreign agencies
    • 56.1 (1) The Centre may disclose designated information to an institution or agency of a foreign state or of an international organization that has powers and duties similar to those of the Centre, if

  • (2) Subsection 56.1(5) of the Act is amended by striking out “and” at the end of paragraph (o) and by adding the following after paragraph (p):

    • (q) the name, address, electronic mail address and telephone number of every trustee and every known beneficiary and settlor of a trust referred to in paragraph (a);

    • (r) the name, address, electronic mail address and telephone number of each person who owns or controls, directly or indirectly, 25% or more of an entity referred to in paragraph (a), other than a trust; and

    • (s) information respecting the ownership, control and structure of an entity referred to in paragraph (a).

 The portion of subsection 65.1(1) of the Act before paragraph (a) is replaced by the following:

Marginal note:Agreements and arrangements
  • 65.1 (1) The Centre may enter into an agreement or arrangement, in writing, with an institution or agency of a foreign state that has powers and duties, similar to those of the Centre, with respect to verifying compliance with requirements to identify persons or entities, keep records or make reports, or with an international organization made up of such institutions or agencies, that stipulates

 Paragraphs 73(1)(a) to (z.1) of the Act are replaced by the following:

  • (a) respecting dealing in virtual currencies;

  • (b) respecting the keeping of records referred to in section 6;

  • (c) respecting the verification of the identity of persons and entities referred to in section 6.1;

  • (d) respecting the reports to the Centre referred to in section 7 and subsections 7.1(1) and 9(1);

  • (e) respecting the determination of whether a person is a person described in any of paragraphs 9.3(1)(a) to (c);

  • (f) respecting the measures referred to in subsections 9.3(2) and (2.1);

  • (g) respecting the measures referred to in subsection 9.4(1);

  • (h) respecting the program referred to in subsection 9.6(1);

  • (i) respecting the special measures referred to in subsection 9.6(3);

  • (j) respecting the registration referred to in sections 11.1 to 11.2;

  • (k) respecting the reports referred to in subsection 12(1); and

  • (l) prescribing anything that by this Act is to be prescribed.

 Subsection 73.15(2) of the French version of the Act is replaced by the following:

  • Marginal note:Présentation d’observations

    (2) Si des observations sont présentées conformément au procès-verbal, le directeur détermine, selon la prépondérance des probabilités, la responsabilité de l’intéressé. Le cas échéant, il peut, sous réserve des règlements pris en vertu de l’alinéa 73.1(1)c), imposer la pénalité mentionnée au procès-verbal ou une pénalité réduite, ou encore n’imposer aucune pénalité.

2014, c. 20Economic Action Plan 2014 Act, No. 1

Amendments to the Act

  •  (1) Subsection 256(2) of the French version of the Economic Action Plan 2014 Act, No. 1 is amended by replacing the portion of paragraph 5(h) before subparagraph (i) that it enacts with the following:

    • h) les personnes et entités qui ont un établissement au Canada et qui se livrent à la fourniture de l’un des services suivants :

  • (2) Subsection 256(2) of the Act is amended by replacing the subparagraphs 5(h)(iv) and (v) that it enacts with the following:

    • (iv) dealing in virtual currencies, or

    • (v) any prescribed service;

  • (3) Subsection 256(2) of the Act is amended by replacing the portion of paragraph 5(h.1) before subparagraph (i) that it enacts with the following:

    • (h.1) persons and entities that do not have a place of business in Canada, that are engaged in the business of providing at least one of the following services that is directed at persons or entities in Canada, and that provide those services to their clients in Canada:

  • (4) Subsection 256(2) of the Act is amended by replacing the subparagraphs 5(h.1)(iv) and (v) that it enacts with the following:

    • (iv) dealing in virtual currencies, or

    • (v) any prescribed service;

  •  (1) Section 258 of the Act is amended by replacing the subsections 9.3(2) and (2.1) that it enacts with the following:

    • Marginal note:Measures — politically exposed foreign persons

      (2) If the person or entity determines that it is dealing with a person described in paragraph (1)(a), the person or entity shall take the measures referred to in the regulations.

    • Marginal note:Measures — other persons

      (2.1) If the person or entity determines that it is dealing with a person described in paragraph (1)(b) or (c) and considers, based on an assessment referred to in subsection 9.6(2), that the person poses a high risk of committing a money laundering offence or a terrorist activity financing offence, the person or entity shall take the measures referred to in the regulations.

  • (2) Section 258 of the Act is amended by replacing the definition head of an international organization in the subsection 9.3(3) that it enacts with the following:

    head of an international organization

    head of an international organization means a person who, at a given time, holds — or has held within a prescribed period before that time — the office or position of head of an international organization that is established by the governments of states or the head of an institution of any such organization. (dirigeant d’une organisation internationale)

2000, c. 17; 2001, c. 41, s. 48Related Amendment to the Proceeds of Crime (Money Laundering) and Terrorist Financing Act

 Section 9.31 of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act, as enacted by section 258 of the Act, is replaced by the following:

Marginal note:Prohibition if unregistered
  • 9.31 (1) No entity referred to in paragraph 5(a), (b), (d), (e) or (e.1) and no other entity that is referred to in section 5 and that is prescribed shall open or maintain an account for, or have a correspondent banking relationship with, a person or entity referred to in paragraph 5(h.1) unless that person or entity is registered with the Centre under section 11.1.

  • Marginal note:Definition of correspondent banking relationship

    (2) For the purposes of this section, correspondent banking relationship means a relationship created by an agreement or arrangement under which an entity referred to in paragraph 5(a), (b), (d), (e) or (e.1) or an entity that is referred to in section 5 and that is prescribed undertakes to provide to a person or entity referred to in paragraph 5(h.1) prescribed services or international electronic funds transfers, cash management or cheque clearing services.

Coordinating Amendments

Marginal note:2014, c. 20
  •  (1) In this section, other Act means the Economic Action Plan 2014 Act, No. 1.

  • (2) If subsection 256(2) of the other Act comes into force before section 436 of this Act, then

  • (3) If section 436 of this Act comes into force on the same day as subsection 256(2) of the other Act, then that section 436 is deemed to have come into force before that subsection 256(2).

  • (4) If section 258 of the other Act comes into force before section 437 of this Act, then

    • (a) that section 437 is deemed never to have come into force and is repealed;

    • (b) subsections 9.3(2) and (2.1) of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act are replaced by the following:

      • Marginal note:Measures — politically exposed foreign persons

        (2) If the person or entity determines that it is dealing with a person described in paragraph (1)(a), the person or entity shall take the measures referred to in the regulations.

      • Marginal note:Measures — other persons

        (2.1) If the person or entity determines that it is dealing with a person described in paragraph (1)(b) or (c) and considers, based on an assessment referred to in subsection 9.6(2), that the person poses a high risk of committing a money laundering offence or a terrorist activity financing offence, the person or entity shall take the measures referred to in the regulations.

    • (c) the definition head of an international organization in subsection 9.3(3) of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act is replaced by the following:

      head of an international organization

      head of an international organization means a person who, at a given time, holds — or has held within a prescribed period before that time — the office or position of head of an international organization that is established by the governments of states or the head of an institution of any such organization. (dirigeant d’une organisation internationale)

  • (5) If section 437 of this Act comes into force on the same day as section 258 of the other Act, then that section 437 is deemed to have come into force before that section 258.

  • (6) On the first day on which both section 261 of the other Act and section 419 of this Act are in force, section 11.1 of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act is replaced by the following:

    Marginal note:Registration requirement

    11.1 Except as otherwise prescribed by regulation, every person or entity referred to in paragraph 5(h) or (h.1), those referred to in paragraph 5(l) that issue or sell money orders to, or redeem them from, the public, and every other person or entity that is referred to in section 5 and that is prescribed must be registered with the Centre in accordance with this section and sections 11.11 to 11.2.

  • (7) If section 263 of the other Act comes into force before section 421 of this Act, then

    • (a) that section 421 is deemed never to have come into force and is repealed; and

    • (b) paragraph 11.12(1)(a) of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act is replaced by the following:

      • (a) a list of the applicant’s agents or mandataries or branches that are engaged, on behalf of the applicant, in the activities referred to in paragraph 5(h) or (h.1), in issuing or selling money orders to, or redeeming them from, the public if the applicant is a person or entity referred to in paragraph 5(l), or in any prescribed activities;

  • (8) If section 421 of this Act comes into force before section 263 of the other Act, then, on the day on which that section 263 comes into force, paragraph 11.12(1)(a) of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act is replaced by the following:

    • (a) a list of the applicant’s agents or mandataries or branches that are engaged, on behalf of the applicant, in the activities referred to in paragraph 5(h) or (h.1), in issuing or selling money orders to, or redeeming them from, the public if the applicant is a person or entity referred to in paragraph 5(l), or in any prescribed activities;

  • (9) If section 421 of this Act comes into force on the same day as section 263 of the other Act, then that section 421 is deemed to have come into force before that section 263 and subsection (8) applies as a consequence.

  • (10) If section 434 of this Act comes into force before subsection 294(1) of the other Act, then that subsection 294(1) is repealed.

  • (11) If section 434 of this Act comes into force on the same day as subsection 294(1) of the other Act, then that subsection 294(1) is deemed to have come into force before that section 434.

  • (12) If section 434 of this Act comes into force before subsection 294(3) of the other Act, then that subsection 294(3) is repealed.

  • (13) If section 434 of this Act comes into force on the same day as subsection 294(3) of the other Act, then that subsection 294(3) is deemed to have come into force before that section 434.

  • (14) If section 434 of this Act comes into force before subsection 294(5) of the other Act, then that subsection 294(5) is repealed.

  • (15) If section 434 of this Act comes into force on the same day as subsection 294(5) of the other Act, then that subsection 294(5) is deemed to have come into force before that section 434.

Marginal note:2014, c. 39
  •  (1) In this section, other Act means the Economic Action Plan 2014 Act, No. 2.

  • (2) If section 250 of the other Act comes into force before sec