Budget Implementation Act, 2018, No. 1 (S.C. 2018, c. 12)
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Assented to 2018-06-21
PART 6Various Measures (continued)
DIVISION 102000, c. 6Canadian Institutes of Health Research Act (continued)
251 Sections 8 and 9 of the Act are replaced by the following:
Marginal note:President and Deputy Minister of Health
8 The President and the Deputy Minister of Health are ex officio and non-voting members of the Governing Council.
Marginal note:Vice-Chairperson
9 (1) The Governing Council shall elect a Vice-Chairperson from among its members, other than the President and the Deputy Minister of Health.
Marginal note:Absence or incapacity
(2) In the event of the absence or incapacity of the Chairperson or if the office of the Chairperson is vacant, the Vice-Chairperson has and may exercise all the powers and perform all the duties and functions of the Chairperson.
252 The portion of section 12 of the French version of the Act before paragraph (a) is replaced by the following:
Marginal note:Président d’IRSC
12 Le président d’IRSC :
253 (1) Paragraph 14(a) of the Act is replaced by the following:
(a) developing its strategic directions and goals;
(2) Paragraph 14(g) of the Act is replaced by the following:
(g) establishing policies; and
254 Section 15 of the Act is replaced by the following:
Marginal note:Delegation
15 (1) Subject to subsection (2), the Governing Council may delegate its powers, duties and functions to its members or committees or to the President.
Marginal note:Limit on delegation
(2) The Governing Council shall not delegate its powers, duties and functions under any of paragraphs 14(a) and (c), sections 16 and 19 to 21 and subsections 22(3) and 32(1).
255 Paragraph 20(1)(a) of the Act is replaced by the following:
(a) establish, maintain and terminate Health Research Institutes, and determine the mandate of each one;
256 Section 23 of the French version of the Act is replaced by the following:
Marginal note:Président d’IRSC
23 (1) Le président d’IRSC en est le premier dirigeant; à ce titre, il assure la direction de ses affaires courantes et contrôle la gestion de son personnel.
Marginal note:Intérim du président
(2) En cas d’absence ou d’empêchement du président d’IRSC ou de vacance de son poste, le conseil d’administration peut autoriser un dirigeant d’IRSC à assurer l’intérim; cependant, l’intérim ne peut dépasser quatre-vingt-dix jours sans l’approbation du gouverneur en conseil.
DIVISION 112015, c. 12Red Tape Reduction Act
Amendments to the Act
257 (1) The first paragraph of the French version of the preamble to the Red Tape Reduction Act is replaced by the following:
que les Canadiens et les petites entreprises ont exprimé des préoccupations devant l’incidence de l’augmentation du fardeau administratif imposé par règlement sur le coût des affaires;
(2) The second paragraph of the preamble to the Act is replaced by the following:
Whereas on April 1, 2012 the Government of Canada established a rule that each increase in the administrative burden that is imposed by regulations on businesses must be offset with a corresponding decrease, one-for-one, and considers that it is desirable to establish that rule in legislation;
Whereas the one-for-one rule should take into account regulatory cooperation between the Government of Canada and other jurisdictions;
258 (1) The definition administrative burden in section 2 of the Act is replaced by the following:
- administrative burden
administrative burden means anything that is necessary to demonstrate compliance with a regulation or a regulatory instrument, including the collecting, processing, reporting and retaining of information and the completing of forms. (fardeau administratif)
(2) Section 2 of the Act is amended by adding the following in alphabetical order:
- other jurisdiction
other jurisdiction means
(a) a province;
(b) a municipality in Canada or a municipal or other public body performing a function of government in Canada;
(c) a foreign state or a subdivision of a foreign state; and
(d) an international organization, or association, of states. (autre autorité)
- regulatory instrument
regulatory instrument means an instrument that is issued, made or established in the exercise of a legislative power conferred under the legislation of any other jurisdiction. (texte réglementaire)
259 Section 4 of the French version of the Act is replaced by the following:
Marginal note:Objet
4 La présente loi a pour objet de limiter le fardeau administratif que les règlements imposent aux entreprises.
260 Subsection 5(1) of the English version of the Act is replaced by the following:
Marginal note:Control of administrative burden
5 (1) If a regulation is made that imposes a new administrative burden on a business, one or more regulations must be amended or repealed to offset the cost of that new burden against the cost of an existing administrative burden imposed by a regulation on a business.
261 The Act is amended by adding the following after section 5:
Marginal note:Offset — regulatory cooperation
5.1 Despite subsection 5(1), the cost of all or a portion, as the case may be, of a new administrative burden imposed by a regulation on a business may, with the approval of the Treasury Board, be offset against the cost of all or a portion, as the case may be, of an existing administrative burden imposed by a regulatory instrument on a business if
(a) the administrative burden imposed by the regulatory instrument is reduced or eliminated as a result of the making, amendment or repeal of the regulatory instrument; and
(b) that making, amendment or repeal takes place after the coming into force of this section and is the result of an agreement — between the Government of Canada or any of its institutions and the other jurisdiction that made, amended or repealed the regulatory instrument — relating to the promotion of cooperation in the design, monitoring, enforcement or review of regulations and that other jurisdiction’s regulatory instruments.
262 Sections 6 and 7 of the Act are replaced by the following:
Marginal note:Policies and directives
6 The President of the Treasury Board may establish policies or issue directives respecting the manner in which sections 5 and 5.1 are to be applied.
Marginal note:Regulations
7 The Governor in Council may make regulations respecting
(a) the manner of calculating, for the purpose of section 5 or 5.1, the cost of an administrative burden;
(b) the periods within which measures must be taken to comply with section 5;
(c) the periods within which the cost of all or a portion of a new administrative burden imposed by a regulation may be offset under section 5.1;
(d) the taking into account of regulations that are amended or repealed — or regulatory instruments that are made, amended or repealed — before a new administrative burden is imposed by a regulation;
(e) the application of section 5 to any regulation made, amended or repealed on or after April 1, 2012;
(f) the application of section 5.1 to any regulation made or amended before the day on which that section comes into force; and
(g) the regulations that the Treasury Board may exempt from the application of section 5 and the categories for which, and the circumstances in which, such an exemption may be granted.
263 Section 9 of the Act is replaced by the following:
Marginal note:Report — application of sections 5 and 5.1
9 The President of the Treasury Board must prepare and make public each year a report on the application of sections 5 and 5.1 during the 12-month period ending on March 31 of the year in which the report is to be made public.
Coming into Force
Marginal note:Order in council
264 This Division comes into force on a day to be fixed by order of the Governor in Council.
DIVISION 12Communications Security Establishment
Marginal note:Persons who occupy a position
265 (1) Any person who, immediately before the coming into force of this Division, occupied a position within the Canadian Cyber Incident Response Centre of the Department of Public Safety and Emergency Preparedness or within the Security Operations Centre of Shared Services Canada, as of that coming into force, occupies their position within the Communications Security Establishment.
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, as of the coming into force of this Division, the person occupies their position within the Communications Security Establishment.
Marginal note:Managerial or confidential position
(3) For greater certainty, a person’s status includes whether or not they occupy a managerial or confidential position.
Marginal note:Information — Canadian Cyber Incident Response Centre
266 (1) The Minister of Public Safety and Emergency Preparedness may disclose to the Communications Security Establishment information under the control of the Department of Public Safety and Emergency Preparedness that is related to the Canadian Cyber Incident Response Centre.
Marginal note:Information — Security Operations Centre
(2) The member of the Queen’s Privy Council for Canada designated to be the Minister for the purposes of the Shared Services Canada Act may disclose to the Communications Security Establishment information under the control of Shared Services Canada that is related to the Security Operations Centre.
Marginal note:Coming into force
267 This Division comes into force on a day to be fixed by order of the Governor in Council.
DIVISION 132005, c. 34; 2013, c. 40 s. 205Department of Employment and Social Development Act
Amendments to the Act
268 Section 2 of the Department of Employment and Social Development Act is amended by adding the following in alphabetical order:
- partner entity
partner entity means
(a) a department or any other body, other than a parent Crown corporation, referred to in a schedule to the Financial Administration Act;
(b) a parent Crown corporation and any wholly-owned subsidiary, as those terms are defined in section 83 of the Financial Administration Act;
(c) the government of a province, a public body created under the law of a province, or a municipality;
(d) a council, government or other entity authorized to act on behalf of either a band, as defined in subsection 2(1) of the Indian Act, or a First Nation, Aboriginal people or Aboriginal organization that is a party to a land claim agreement or any other treaty, self-government agreement or settlement agreement; and
(e) a non-profit corporation or public body performing a function for an entity referred to in any of paragraphs (a) to (d). (entité partenaire)
269 The Act is amended by adding the following after section 5:
Marginal note:Service delivery to public
5.1 (1) The Minister may provide support for service delivery to the public and, in so doing, he or she may
(a) provide the following services and facilities to any partner entity and perform activities related to those services and facilities:
(i) services and facilities in support of its delivery of its programs and services, and
(ii) any other service or facility that is authorized by the Governor in Council;
(b) provide the following services to any department or body listed in Schedule I, I.1 or II to the Financial Administration Act and to any other partner entity authorized by the Governor in Council and perform activities related to those services:
(i) the administration of websites that are accessible to the public,
(ii) the administration of social media accounts,
(iii) the publication of mobile applications on third-party mobile application stores and on the Government of Canada website,
(iv) online citizen engagement, and
(v) any other related electronic or digital service;
(c) administer the Government of Canada website; and
(d) provide information services relating to programs and services of the Government of Canada and of any other person, organization or government authorized by the Governor in Council.
Marginal note:Authorization — Governor in Council
(2) The Minister may provide any service or facility that is described in subsection (1), other than the services described in paragraph (1)(c) or (d), and that is authorized by the Governor in Council to any other person, organization or government that the Governor in Council authorizes.
Marginal note:Exercise of powers
(3) The Minister shall, in supporting service delivery to the public, do so with a view to better serving the needs of Canadians.
Marginal note:Fees — services and facilities
5.2 (1) The Minister may charge for any service or facility provided under subsection 5.1(1), except the services provided under paragraph 5.1(1)(c) or (d).
Marginal note:Spending authority
(2) The Minister may spend revenues obtained under subsection (1).
270 (1) Subsection 5.1(1) of the Act is amended by adding the following after paragraph (a):
(a.1) provide electronic information transfer services to any partner entity authorized by the Governor in Council;
(2) Subsection 5.1(1) of the Act is amended by adding the following after paragraph (b):
(b.1) provide administration services relating to electronic or online accounts for any partner entity authorized by the Governor in Council;
271 Paragraphs 6(a) and (b) of the Act are replaced by the following:
(a) subject to the Statistics Act, collect, analyze, interpret, publish and distribute information relating to human resources and skills development, social development or service delivery to the public; and
(b) cooperate with provincial authorities with a view to coordinating efforts for human resources and skills development, social development, or service delivery to the public.
272 Section 7 of the Act is replaced by the following:
Marginal note:Programs
7 The Minister may, in exercising the powers and performing the duties and functions assigned by this Act, establish and implement programs designed to support projects or other activities that contribute to the development of the human resources of Canada and the skills of Canadians, to the social development of Canada or to service delivery to the public, and the Minister may make grants and contributions in support of the programs.
Marginal note:Business numbers — Minister
8 The Minister may collect any business number, as defined in subsection 248(1) of the Income Tax Act, and use it as an identifier for the purposes of the administration or enforcement any Act, program or activity in respect of which the administration or enforcement is the responsibility of the Minister.
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