Budget Implementation Act, 2017, No. 2 (S.C. 2017, c. 33)
Full Document:
- HTMLFull Document: Budget Implementation Act, 2017, No. 2 (Accessibility Buttons available) |
- PDFFull Document: Budget Implementation Act, 2017, No. 2 [3012 KB]
Assented to 2017-12-14
PART 5Various Measures (continued)
DIVISION 10Trade within Canada and Harmonization of Energy Efficiency Requirements (continued)
Transitional Provision
Marginal note:Complaints filed between July 1, 2017 and date of royal assent
220 Any complaint referred to in paragraph 22.1(3)(b) of the Department of Public Works and Government Services Act that is filed with the Procurement Ombudsman during the period beginning on July 1, 2017 and ending on the day on which this Act receives royal assent is deemed to be a complaint referred to in paragraph 22.1(3)(b) of the Department of Public Works and Government Services Act as enacted by section 224 of this Act.
1992, c. 36Related Amendments to the Energy Efficiency Act
221 The Energy Efficiency Act is amended by adding the following after section 20:
Marginal note:Definitions
20.1 (1) The following definitions apply in this section and in section 20.2:
- harmonize
harmonize means, with respect to requirements, to make them correspond substantively. (harmoniser)
- jurisdiction
jurisdiction means
(a) the government of a province;
(b) any agency or body that is established under an Act of the legislature of a province;
(c) a government or court of a foreign state or of a subdivision of a foreign state, or any agency, body or institution of such a government; and
(d) an international organization of states or any agency, body, court or institution of such an organization. (instance)
- requirement
requirement means energy efficiency standards, testing or information that must be provided by a dealer under section 5. (exigence)
Marginal note:Ministerial regulations
(2) The Minister may, by regulation — with respect to energy-using products or classes of energy-using products that are specified in regulations made by the Governor in Council under paragraph 25(c) — amend regulations made under paragraph 20(1)(b) or (d) or 25(b) for the purpose of maintaining harmonization between a requirement set out in those regulations and that of a jurisdiction.
Marginal note:Restrictions
(3) In exercising the power under subsection (2), the Minister may
(a) update an erroneous reference to a document incorporated by reference, as it is amended from time to time;
(b) modify an energy efficiency standard for energy-using products or classes of energy-using products;
(c) provide for modified or alternative testing of energy-using products to determine their energy efficiency; and
(d) prescribe information respecting energy-using products, including their energy efficiency, that must be provided by a dealer under section 5.
Marginal note:Definition of technical standards document
20.2 (1) In this section, technical standards document means a document that is published in both official languages by the Minister and that adapts, combines or reproduces, in whole or in part, documents that are produced by jurisdictions, standards development organizations or industry associations and that, for energy-using products or classes of energy-using products, set out requirements or guidance related to those requirements. The adaptations may include modifications to the content of the originating document.
Marginal note:Incorporation of technical standards document
(2) Regulations made under paragraphs 20(1)(b) or (d) or 25(b) may, for the purpose of harmonizing the requirements set out in those regulations with those of a jurisdiction to which those regulations or a technical standards documents refers, incorporate by reference, in whole or in part, a technical standards document, as it is amended from time to time.
222 Section 26 of the Act is repealed.
Consequential Amendments
R.S., c. F-11Financial Administration Act
223 Section 89.3 of the Financial Administration Act and the heading before it are replaced by the following:
Implementation of Canadian Free Trade Agreement
Marginal note:Directive
89.3 Despite subsections 85(1) to (1.2), the Governor in Council may give a directive under subsection 89(1) to any parent Crown corporation for the purpose of implementing any provision of the Agreement, as defined in section 2 of the Canadian Free Trade Agreement Implementation Act, that pertains to that Crown corporation.
1996, c. 16Department of Public Works and Government Services Act
224 (1) Paragraph 22.1(3)(b) of the Department of Public Works and Government Services Act is replaced by the following:
(b) review any complaint respecting the compliance with any regulations made under the Financial Administration Act of the award of a contract for the acquisition of materiel or services by a department to which the Agreement, as defined in section 2 of the Canadian Free Trade Agreement Implementation Act, would apply if the value of the contract were not less than the amount referred to in Article 504 of that Agreement.
(2) Paragraph 22.1(3)(c) of the French version of the Act is replaced by the following:
c) examiner toute plainte relative à la gestion de tout marché en vue de l’acquisition de matériel ou de services par un ministère;
225 Subsection 22.2(1) of the Act is replaced by the following:
Marginal note:Person who may complain
22.2 (1) A person may only file a complaint referred to in paragraph 22.1(3)(b) or (c) if that person is a Canadian supplier within the meaning of article 521 of the agreement referred to in paragraph 22.1(3)(b) and meets any requirements prescribed by the regulations.
SOR/2008-143Procurement Ombudsman Regulations
226 Paragraph 9(1)(a) of the Procurement Ombudsman Regulations is replaced by the following:
(a) the contract, the award of which is the subject of the complaint, is not covered by any of the exceptions in the Agreement, as defined in section 2 of the Canadian Free Trade Agreement Implementation Act, including those made under articles 800, 801, 802, 809 and 1205.1 of that Agreement, and is one to which that Agreement would apply if its value, as determined under article 505 of that Agreement, were not less than the amount set out in article 504 of that Agreement;
Repeals
Marginal note:Repeal
227 The Timber Marking Act, chapter T-11 of the Revised Statutes of Canada, 1985, is repealed.
Marginal note:Repeal
228 The Agreement on Internal Trade Implementation Act, chapter 17 of the Statutes of Canada, 1996, is repealed.
Coming into Force
Marginal note:July 1, 2017
229 This Division is deemed to have come into force on July 1, 2017.
DIVISION 11R.S., c. J-1Judges Act
Amendments to the Act
230 The definition judge in section 2 of the Judges Act is replaced by the following:
- judge
judge includes a chief justice, senior associate chief justice, associate chief justice, supernumerary judge and regional senior judge; (juge)
231 Paragraph 20(c) of the Act is replaced by the following:
(c) the Chief Justice and the two Associate Chief Justices of the Court of Queen’s Bench, $344,400 each; and
232 (1) Paragraph 22(1)(a) of the Act is replaced by the following:
(a) the Chief Justice, $344,400; and
(2) Paragraph 22(2)(a) of the Act is replaced by the following:
(a) the Chief Justice, $344,400; and
(3) Paragraph 22(2.1)(a) of the Act is replaced by the following:
(a) the Chief Justice, $344,400; and
(4) Subsection 22(3) of the Act is repealed.
233 (1) Paragraph 27(6)(e) of the Act is replaced by the following:
(e) the Chief Justices of the Court of Appeal of Yukon, the Court of Appeal of the Northwest Territories, the Court of Appeal of Nunavut, the Supreme Court of Yukon, the Supreme Court of the Northwest Territories and the Nunavut Court of Justice, $10,000 each;
(2) Subsection 27(9) of the Act is replaced by the following:
Marginal note:Definition of chief justice
(9) In this section, except in paragraphs (6)(a) and (c), chief justice includes a senior associate chief justice and an associate chief justice.
234 (1) Paragraph 29(3)(b) of the Act is replaced by the following:
(b) in the case of a supernumerary judge of the Supreme Court of Yukon, the Supreme Court of the Northwest Territories or the Nunavut Court of Justice, by the Chief Justice of that Court.
(2) Subsection 29(4) of the English version of the Act is replaced by the following:
Marginal note:Salary of supernumerary judge
(4) The salary of each supernumerary judge of a superior court is the salary annexed to the office of a judge of that court other than a chief justice, senior associate chief justice or associate chief justice.
(3) Subsection 29(6) of the Act is repealed.
235 The heading before section 31 of the Act is replaced by the following:
Chief Justice Continuing as Judge
236 (1) Subsections 32.1(1) to (3) of the Act are replaced by the following:
Marginal note:Chief Justice
32.1 (1) If the Chief Justice of the Supreme Court of Yukon, the Supreme Court of the Northwest Territories or the Nunavut Court of Justice has notified the Minister of Justice of Canada and the attorney general of the territory of his or her election to cease to perform the duties of chief justice and to perform only the duties of a judge, he or she shall then hold only the office of a judge, other than the chief justice, of that court and shall be paid the salary annexed to the office of a judge, other than the chief justice, of that court until he or she reaches the age of retirement, resigns or is removed from or otherwise ceases to hold office.
Marginal note:Restriction on election
(2) A chief justice may make the election referred to in subsection (1) only if he or she has continued in that office for at least five years.
Marginal note:Duties
(3) A chief justice who has made the election referred to in subsection (1) shall perform all of the judicial duties normally performed by a judge, other than the chief justice, of the applicable court.
(2) Subsection 32.1(4) of the English version of the Act is replaced by the following:
Marginal note:Salary
(4) The salary of a chief justice who has made the election referred to in subsection (1) is the salary annexed to the office of a judge, other than the chief justice, of the applicable court.
237 The heading before section 42 of the English version of the Act is replaced by the following:
Annuities for Judges
238 (1) Subsection 42(1) of the Act is replaced by the following:
Marginal note:Payment of annuities
42 (1) A judge shall be paid an annuity equal to two thirds of the salary annexed to the office held by the judge at the time of his or her resignation, removal or attaining the age of retirement, as the case may be, if the judge
(a) has continued in judicial office for at least 15 years, has a combined age and number of years in judicial office that is not less than 80 and resigns from office;
(b) has attained the age of retirement and has held judicial office for at least 10 years; or
(c) has continued in judicial office on the Supreme Court of Canada for at least 10 years and resigns from office.
Marginal note:Grant of annuities
(1.1) The Governor in Council shall grant to a judge an annuity equal to two thirds of the salary annexed to the office held by the judge at the time of his or her resignation, removal or attaining the age of retirement, as the case may be, if the judge
(a) has continued in judicial office for at least 15 years and resigns his or her office, if in the opinion of the Governor in Council the resignation is conducive to the better administration of justice or is in the national interest; or
(b) has become afflicted with a permanent infirmity disabling him or her from the due execution of the office of judge and resigns his or her office or by reason of that infirmity is removed from office.
(2) Subsections 42(2) and (3) of the English version of the Act are replaced by the following:
Marginal note:Prorated annuity
(2) If a judge who has attained the age of retirement has held judicial office for less than 10 years, an annuity shall be paid to that judge that bears the same ratio to the annuity described in subsection (1) as the number of years the judge has held judicial office, to the nearest one tenth of a year, bears to 10 years.
Marginal note:Duration of annuities
(3) An annuity granted or paid to a judge under this section shall commence on the day of his or her resignation, removal or attaining the age of retirement and shall continue during the life of the judge.
Page Details
- Date modified: