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)
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
- 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.
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