Notice of Ways and Means Motion to introduce an Act to implement certain provisions of the budget tabled in Parliament on April 7, 2022 and other measures

PART 5

Various Measures

DIVISION 1

Provisions Relating to Canadian Pacific Railway Company Tax Exemption

Clause 16 — no force or effect

174 (1) Clause 16 of the contract that is set out in the schedule to An Act respecting the Canadian Pacific Railway, chapter 1 of the Statutes of Canada, 1881, is deemed to be of no force or effect as of August 29, 1966.

Obligations, rights, etc. extinguished

(2) All obligations and liabilities of Her Majesty in right of Canada and all rights and privileges of the Canadian Pacific Railway Company under that clause 16 arising out of or acquired under the contract referred to in subsection (1), any Act of Parliament or any instrument made in the exercise of a power conferred under an Act of Parliament are deemed to have been extinguished on August 29, 1966.

No liability

175 No action or other proceeding that is based on or is in respect of clause 16 of the contract referred to in subsection 174(1) lies or may be instituted or continued by anyone against Her Majesty in right of Canada.

No compensation

176 No one is entitled to any compensation from Her Majesty in right of Canada in connection with the coming into force of section 174.

DIVISION 2

2000, c. 7

Nisga’a Final Agreement Act

177 (1) Subsections 14(1) and (2) of the Nisga’a Final Agreement Act are replaced by the following:

Taxation Agreement

14 (1) The Taxation Agreement is approved, given effect and declared valid and, during the period that the Taxation Agreement is, by its terms, in force, it has the force of law.

(2) Subsection 14(5) of the Act is repealed.

DIVISION 3

Safe Drinking Water for First Nations

2013, c. 21

Safe Drinking Water for First Nations Act

Repeal

178 The Safe Drinking Water for First Nations Act, chapter 21 of the Statutes of Canada, 2013, is repealed.

R.S., c. 1 (5th Supp.)

Income Tax Act

179 (1) Subparagraph 81(1)(g.3)(i) of the Income Tax Act is amended by striking out “or” at the end of clause (B), by striking out “and” at the end of that subparagraph, by adding “or” at the end of clause (C) and by adding the following after clause (C):

(D) the Settlement Agreement entered into by Her Majesty in Right of Canada on September 15, 2021 in respect of the class action relating to long-term drinking water quality for impacted First Nations, and

(2) Subsection (1) applies to the 2022 and subsequent taxation years.

DIVISION 4

Payments in Relation to Transit and Housing

Maximum payment of $750 million

180 (1) The Minister of Finance may make payments to the provinces, the total of which may not exceed $750 million, for the purpose of addressing municipal and other transit shortfalls and needs and improving housing supply and affordability. The amount of each payment is to be determined by the Minister of Finance.

Payments out of C.R.F.

(2) Any amount payable under subsection (1) may be paid by the Minister of Finance out of the Consolidated Revenue Fund at the times and in the manner, and on any terms and conditions, that the Minister of Finance considers appropriate.

DIVISION 5

R.S., c. C-3

Canada Deposit Insurance Corporation Act

181 (1) Paragraph 5(1)(a) of the Canada Deposit Insurance Corporation Act is replaced by the following:

(a) the person appointed as the Chairperson under subsection 6(1);

(a.1) the person appointed as the President and Chief Executive Officer of the Corporation under subsection 105(5) of the Financial Administration Act;

(2) Paragraph 5(1)(c) of the Act is replaced by the following:

DIVISION 6

R.S., c. F-8; 1995, c. 17, s. 45

Federal-Provincial Fiscal Arrangements Act

182 The Federal-Provincial Fiscal Arrangements Act is amended by adding the following after section 24.72:

Total payment of $2 billion

24.73 The Minister may pay an additional cash payment equal to

(a) for Ontario, $775,500,000;

(b) for Quebec, $450,006,000;

(d) for New Brunswick, $41,238,000;

(e) for Manitoba, $72,437,000;

(f) for British Columbia, $272,434,000;

(g) for Prince Edward Island, $8,574,000;

(h) for Saskatchewan, $61,759,000;

(i) for Alberta, $232,332,000;

(j) for Newfoundland and Labrador, $27,227,000;

(k) for Yukon, $2,244,000;

(l) for the Northwest Territories, $2,387,000; and

(m) for Nunavut, $2,062,000.

DIVISION 7

Borrowings

2017, c. 20, s. 103

Borrowing Authority Act

183 Paragraphs 5(a) and (b) of the Borrowing Authority Act are replaced by the following:

(a) amounts borrowed by the Minister under an order made under paragraph 46.1(c) of the Financial Administration Act, other than those borrowed under such an order made during the period beginning on March 23, 2021 and ending on May 6, 2021; 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, other than in respect of a debt that was originally incurred under such an order made during the period beginning on March 23, 2021 and ending on May 6, 2021.

184 Section 8 of the Act is amended by adding the following after subsection (2):

Amounts not included

(3) For the purposes of subsection (2), any amounts borrowed by the Minister during the period beginning on March 23, 2021 and ending on May 6, 2021 under an order made under paragraph 46.1(c) of the Financial Administration Act do not count in the calculation of the amounts referred to in paragraph (1)(b).

R.S., c. F-11

Financial Administration Act

185 Paragraph 49(1)(a.1) of the Financial Administration Act is replaced by the following:

(a.1) the money that is borrowed under an order made under paragraph 46.1(c) of the Financial Administration Act, other than that borrowed under such an order made during the period beginning on March 23, 2021 and ending on May 6, 2021, and that is due at the end of the fiscal year to which the Public Accounts relate; and

DIVISION 8

R.S., c. 32 (2nd Supp.)

Pension Benefits Standards Act, 1985

Amendments to the Act

186 The Pension Benefits Standards Act, 1985 is amended by adding the following after section 9.16:

Solvency Reserve Accounts

Establishment

9.17 (1) Subject to the regulations, a defined benefit plan, other than a negotiated contribution plan, may provide for the establishment of a solvency reserve account in the plan’s pension fund.

Payments into account

(2) Subject to the regulations, an employer may make payments into the solvency reserve account.

Restriction on transfers

(3) The administrator shall not transfer into the solvency reserve account, nor permit to be transferred into that account, any moneys that are held in the pension fund outside of that account.

Withdrawals

(4) Despite any terms of the pension plan or any document that creates or supports the plan or the pension fund, amounts may be withdrawn from the solvency reserve account in accordance with the regulations.

Non-application

(5) Section 9.2 does not apply with respect to a withdrawal from the solvency reserve account.

187 Section 10 of the Act is amended by adding the following after subsection (6):

Governance policy

(7) The administrator of a pension plan shall

(a) establish, before the plan is filed for registration, a governance policy that contains the prescribed information; and

(b) ensure that the policy complies with this Act and the regulations.

Filing not required

(8) The administrator is not required to file the governance policy for the purposes of subsection (1) or to file any amendment to the policy for the purposes of subsection 10.1(1).

Transitional provision

(9) An administrator of a pension plan that was registered or was filed for registration under this section before the day on which subsection (7) comes into force shall, within one year after that day, establish the governance policy for the plan.

188 (1) Subsection 39(1) of the Act is amended by adding the following after paragraph (h):

(h.01) respecting solvency reserve accounts;

(2) Subsection 39(1) of the Act is amended by adding the following after paragraph (n.1):

(n.11) respecting the investment of the assets of a pension fund;

Coordinating Amendments

2021, c. 23

189 (1) In this section, other Act means the Budget Implementation Act, 2021, No. 1.

(2) If section 188 of the other Act comes into force before section 187 of this Act, then

(a) that section 187 is replaced by the following:

187 Section 10 of the Act is amended by adding the following after subsection (10):

Governance policy

(11) The administrator of a pension plan shall

(a) establish, before the plan is filed for registration, a governance policy that contains the prescribed information; and

(b) ensure that the policy complies with this Act and the regulations.

Filing not required

(12) The administrator is not required to file the governance policy for the purposes of subsection (1) or to file any amendment to the policy for the purposes of subsection 10.1(1).

Transitional provision — governance policy

(13) An administrator of a pension plan, other than a negotiated contribution plan, that was registered or was filed for registration under this section before the day on which subsection (11) comes into force shall, within one year after that day, establish the governance policy for the plan.

(b) on the day on which that section 187 comes into force, subsections 10(7) to (10) of the Pension Benefits Standards Act, 1985 are replaced by the following:

Funding policy

(7) The administrator of a negotiated contribution plan shall, before the plan is filed for registration, establish a funding policy that contains the prescribed information.

Filing not required

(8) The administrator is not required to file the funding policy for the purposes of subsection (1) or to file any amendment to the policy for the purposes of subsection 10.1(1).

Compliance — funding policy

(9) The administrator shall ensure that the funding policy complies with this Act and the regulations.

Transitional provision — negotiated contribution plans

(10) An administrator of a negotiated contribution plan that was registered or was filed for registration under this section before the day on which subsection (7), as enacted by section 188 of the Budget Implementation Act, 2021, No. 1, comes into force shall, within one year after that day, establish the funding policy referred to in subsection (7) and the governance policy referred to in subsection (11).

(3) If section 187 of this Act comes into force before section 188 of the other Act, then that section 188 is replaced by the following:

188 Section 10 of the Pension Benefits Standards Act, 1985 is amended by adding the following after subsection (9):

Funding policy

(10) The administrator of a negotiated contribution plan shall

(a) establish, before the plan is filed for registration, a funding policy that contains the prescribed information; and

(b) ensure that the policy complies with this Act and the regulations.

Filing not required

(11) The administrator is not required to file the funding policy for the purposes of subsection (1) or to file any amendment to the policy for the purposes of subsection 10.1(1).

Transitional provision — funding policy

(12) An administrator of a negotiated contribution plan that was registered or was filed for registration under this section before the day on which subsection (10) comes into force shall establish the funding policy within one year after that day.

(4) If section 188 of the other Act comes into force on the same day as section 187 of this Act, then that section 187 is deemed to have come into force before that section 188 and subsection (3) applies as a consequence.

Coming into Force

Order in council

190 (1) Section 186 and subsection 188(1) come into force on a day to be fixed by order of the Governor in Council.

Order in council

(2) Section 187 comes into force on a day to be fixed by order of the Governor in Council.

DIVISION 9

Trade Remedies

R.S., c. S-15

Special Import Measures Act

Amendments to the Act

191 Section 2 of the Special Import Measures Act is amended by adding the following after subsection (10):

Assessment of injury — impacts on workers

(11) In any assessment of injury under this Act, any impacts on workers employed in the domestic industry shall be taken into account.

Assessment of retardation — impacts on jobs

(12) In any assessment of retardation under this Act, any impacts on jobs shall be taken into account.

192 The Act is amended by adding the following before section 3:

Definition of massive importation

2.1 In this Part, massive importation includes a series of importations into Canada that in the aggregate are massive and have occurred within a relatively short period of time.

193 The portion of paragraph 5(a) of the Act after subparagraph (i) is replaced by the following:

(ii) injury has been caused by a massive importation of the goods into Canada and the goods are likely to seriously undermine the remedial effect of the duties applicable under subsection 3(1); and

194 Subparagraphs 6(a)(i) and (ii) of the Act are replaced by the following:

(i) injury has been caused by a massive importation of the goods into Canada, and

(ii) the goods are likely to seriously undermine the remedial effect of the duties applicable under subsection 3(1),

195 Subsection 31(6) of the Act is replaced by the following:

Extension of 30-day period

(6) The period of 30 days referred to in subsection (1) is extended to 45 days if, before the expiry of the 30 days, the President causes written notice to be given to the complainant that the period of 30 days is insufficient to determine whether there is compliance with the conditions referred to in subsection (2) or the condition referred to in subsection 31.1(1).

196 (1) Paragraphs 32(1)(a) and (b) of the Act are replaced by the following:

(a) if the complaint is properly documented, cause the complainant to be informed in writing that the complaint was received and that it is properly documented; or

(b) if the complaint is not properly documented, cause the complainant to be informed in writing that the complaint was received and indicate the information and material needed in order for the complaint to be properly documented.

(2) Section 32 of the Act is amended by adding the following after subsection (1):

Notice of complaint

(1.1) If the President receives a properly documented written complaint under subsection (1), the President shall cause the government of the country of export to be notified in writing that the complaint was received and that it is properly documented.

Timing of notice

(1.2) The notice shall be provided no later than

(a) in the case of a complaint respecting the dumping of goods, seven days before the day on which the President decides whether or not to cause an investigation to be initiated; and

(b) in the case of a complaint respecting the subsidizing of goods, 20 days before the day on which the President decides whether or not to cause an investigation to be initiated.

197 (1) The portion of subsection 42(1) of the Act before paragraph (a) is replaced by the following:

Tribunal to make inquiry

42 (1) The Tribunal, forthwith after receipt of a notice of a preliminary determination under subsection 38(3), shall make inquiry with respect to the following matters:

(2) The portion of paragraph 42(1)(b) of the Act after subparagraph (i) is replaced by the following:

(ii) injury has been caused by a massive importation of the goods into Canada and the goods are likely to seriously undermine the remedial effect of the duties applicable under subsection 3(1); and

(3) Subparagraphs 42(1)(c)(i) and (ii) of the Act are replaced by the following:

(i) injury has been caused by a massive importation of the goods into Canada, and

(ii) the goods are likely to seriously undermine the remedial effect of the duties applicable under subsection 3(1).

198 Paragraph 71(c) of the Act is replaced by the following:

199 Subsection 72(1) of the Act is replaced by the following:

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 disclosing a reasonable indication that circumvention is occurring.

200 Subsection 76.01(7) of the Act is replaced by the following:

Expiry of order

(7) An order made on the completion of an interim review, other than an order rescinding an order or finding, expires on the day on which the Tribunal makes an order under subsection 76.03(12).

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

Review

76.03 (1) The Tribunal shall initiate an expiry review 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:

(2) Subsections 76.03(2) to (5) of the Act are replaced by the following:

Termination of review

(2) The Tribunal may terminate an expiry review at any time if, in the Tribunal’s opinion, the review is not supported by domestic producers. Upon terminating a review, the Tribunal shall without delay cause notice of the termination to be given to the President and all other persons and governments specified in the rules of the Tribunal.

(3) The portion of subsection 76.03(6) of the Act before subparagraph (a)(i) is replaced by the following:

Notice

(6) Upon initiating an expiry review, the Tribunal shall without delay

(a) cause notice of the review to be given to

(4) Subsection 76.03(6) of the Act is amended by adding “and” at the end of paragraph (a) and by repealing paragraph (b).

(5) The portion of subsection 76.03(7) of the Act before paragraph (a) is replaced by the following:

President’s determination and notice

(7) Unless the expiry review is terminated under subsection (2), the President shall

(6) Paragraph 76.03(12)(a) of the Act is amended by striking out “or” at the end of subparagraph (i) and by adding the following after subparagraph (ii):

(iii) in respect of which it terminated an expiry review under subsection (2); or

(7) Paragraph 76.03(13)(a) of the Act is replaced by the following:

(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 the review is initiated under subsection (1) but before the day on which the order of the Tribunal is made under subsection (12); and

(8) Subsection 76.03(14) of the Act is replaced by the following:

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 on the day on which the Tribunal makes an order under subsection (12).

202 Paragraph (g) of the definition definitive decisions in subsection 77.01(1) of the Act is replaced by the following:

(g) an order of the Tribunal under subsection 76.01(4),

203 Paragraph (g) of the definition definitive decision in subsection 77.1(1) of the Act is replaced by the following:

(g) an order of the Tribunal under subsection 76.01(4),

204 Section 88.1 of the Act is repealed.

205 Paragraph 96.1(1)(d) of the Act is replaced by the following:

(d) an order of the Tribunal under subsection 76.01(4);

206 Subparagraph 97(1)(a.1)(v) of the Act is replaced by the following:

(v) whether a change in a pattern of trade is caused by the imposition of an anti-dumping or countervailing duty, and

Transitional Provisions

Definitions

207 (1) The following definitions apply in this section and sections 208 to 211.

commencement day means the day on which this Act receives royal assent. (date de référence)

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

Words and expressions

(2) Words and expressions used in sections 208 to 211 have the same meaning as in the Special Import Measures Act.

Disposition of complaints

208 If, before the commencement day, the President receives a written complaint respecting the dumping or subsidizing of goods under subsection 31(1) of the former Act, any proceeding, process or action in respect of the complaint is to be continued and disposed of in accordance with that Act.

Anti-circumvention complaints

209 If, before the commencement day, the President receives a written complaint under subsection 72(1) of the former Act 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 of that Act, any proceeding, process or action in respect of the complaint is to be continued and disposed of in accordance with that Act.

Interim reviews — on request

210 (1) If, before the commencement day, the Tribunal receives a request to conduct an interim review of an order or finding, or any aspect of an order or finding, under subsection 76.01(1) of the former Act, any interim review is to be initiated — or, if already initiated, continued — and disposed of in accordance with that Act.

Interim reviews — Tribunal’s initiative

(2) If, before the commencement day, the Tribunal initiates, on its own initiative, an interim review of an order or finding, or any aspect of an order or finding, under subsection 76.01(1) of the former Act, the interim review is to be continued and disposed of in accordance with that Act.

Expiry reviews

211 If, before the commencement day, a notice of expiry respecting an order or finding has been published under subsection 76.03(2) of the former Act, any expiry review in respect of the order or finding is to be initiated — or, if already initiated, continued — and disposed of in accordance with that Act.

R.S., c. 47 (4th Supp.)

Canadian International Trade Tribunal Act

212 Subsection 2(1) of the Canadian International Trade Tribunal Act is amended by adding the following in alphabetical order:

trade union means an employee organization that has been certified under federal or provincial law, or recognized by the employer, as a bargaining agent; (syndicat)

213 Paragraph 16(b) of the Act is replaced by the following:

(b) consider complaints and extension requests filed with the Tribunal under this Act by domestic producers of like or directly competitive goods or by trade unions whose members are engaged in the Canadian production of like or directly competitive goods and, if appropriate, conduct inquiries into the complaints and extension requests and report on them;

214 (1) Subsection 23(1) of the Act is replaced by the following:

Filing of complaint

23 (1) Any of the following may file a written complaint with the Tribunal alleging that goods are being imported into Canada in such increased quantities and under such conditions as to cause or threaten serious injury to domestic producers of like or directly competitive goods:

(a) a domestic producer of the like or directly competitive goods;

(b) a person or association acting on behalf of the domestic producer;

(2) Paragraphs 23(2)(b) and (c) of the Act are replaced by the following:

(b) in the case of a complaint filed by or on behalf of a domestic producer, state an estimate of the total percentage of Canadian production of the like or directly competitive goods that is produced by the producer;

(b.1) in the case of a complaint filed by a trade union,

(i) state an estimate of the total percentage of Canadian production of the like or directly competitive goods that is produced by its members, and

(ii) provide evidence that one or more domestic producers of the like or directly competitive goods support the complaint and state an estimate of the total percentage of Canadian production of the like or directly competitive goods that is produced by those producers; and

(3) Paragraph 23(3)(a) of the English version of the Act is replaced by the following:

(a) such information as is available to the complainant to prove the facts referred to in paragraph (2)(a) and to substantiate the estimates referred to in paragraph (2)(b) or (b.1); and

215 Paragraph 26(1)(b) of the Act is replaced by the following:

(b) that the complaint is made by or on behalf of, or with the support of, domestic producers who produce a major proportion of domestic production of the like or directly competitive goods; and

216 Section 30.04 of the Act is amended by adding the following after subsection (1):

Requests — trade unions

(1.1) An extension request may also be filed by a trade union whose members are engaged in the Canadian production of the like or directly competitive goods.

217 (1) Paragraphs 30.05(1)(b) and (c) of the Act are replaced by the following:

(b) in the case of an extension request filed by or on behalf of a domestic producer, state an estimate of the total percentage of Canadian production of the like or directly competitive goods that is produced by the producer;

(b.1) in the case of an extension request filed by a trade union,

(i) state an estimate of the total percentage of Canadian production of the like or directly competitive goods that is produced by its members, and

(ii) provide evidence that one or more domestic producers of the like or directly competitive goods support the request and state an estimate of the total percentage of Canadian production of the like or directly competitive goods that is produced by those producers; and

(2) Paragraph 30.05(2)(a) of the English version of the Act is replaced by the following:

(a) such information as is available to the requester to prove the facts referred to in paragraph (1)(a) and to substantiate the estimates referred to in paragraph (1)(b) or (b.1); and

218 Paragraph 30.07(1)(b) of the Act is replaced by the following:

(b) that the extension request is made by or on behalf of, or with the support of, domestic producers who produce a major proportion of domestic production of the like or directly competitive goods.

219 Paragraph 39(1)(c) of the Act is replaced by the following:

(c) specifying any additional information that must accompany a complaint filed under any of subsections 23(1) to (1.1), 30.01(2), 30.011(1), 30.012(2), 30.11(1), 30.22(1) and 30.23(1) or an extension request filed under subsection 30.04(1) or (1.1) or 30.25(3); and

DIVISION 10

Corporate Governance of Financial Institutions

1991, c. 45

Trust and Loan Companies Act

220 Subsection 160.04(1) of the Trust and Loan Companies Act is replaced by the following:

Mandatory solicitation

160.04 (1) Subject to subsections (2) and 143(2), the management of a company shall, concurrently with sending notice of a meeting of shareholders, send a form of proxy that is in accordance with the regulations to each shareholder entitled to receive notice of the meeting.

221 (1) Subsections 160.05(1) and (2) of the Act are replaced by the following:

Soliciting proxies

160.05 (1) A person shall not solicit proxies unless a proxy circular that is in accordance with the regulations is sent to the auditor of the company, to each shareholder whose proxy is solicited and, in the case set out in paragraph (b), to the company as follows:

(a) in the case of solicitation by or on behalf of the management of a company, a management proxy circular, either as an appendix to or as a separate document accompanying the notice of the meeting; and

(b) in the case of any other solicitation, a dissident’s proxy circular stating the purposes of the solicitation.

Exception — solicitation to 15 or fewer shareholders

(1.1) Despite subsection (1), a person may solicit proxies, other than by or on behalf of the management of the company, without sending a dissident’s proxy circular, if the total number of shareholders whose proxies are solicited is 15 or fewer, two or more joint holders being counted as one shareholder.

Exception — solicitation by public broadcast

(1.2) Despite subsection (1), a person may solicit proxies, other than by or on behalf of the management of the company, without sending a dissident’s proxy circular if the solicitation is, in the prescribed circumstances, conveyed by public broadcast, speech or publication.

Copy to Superintendent

(2) A person who sends a management proxy circular or dissident’s proxy circular shall concurrently send to the Superintendent a copy of it together with the form of proxy, any other documents for use in connection with the meeting and, in the case of a management proxy circular, a copy of the notice of meeting.

(2) Subsection 160.05(4) of the Act is replaced by the following:

Publication

(4) The Superintendent shall publish in a publication generally available to the public, a notice of a decision made by the Superintendent granting an exemption under subsection (3).

222 Section 160.071 of the Act is replaced by the following:

Regulations

160.071 The Governor in Council may make regulations

(a) respecting the powers that may be granted by a shareholder in a form of proxy;

(b) respecting proxy circulars and forms of proxy, including the form and content of those documents; and

1991, c. 47

Insurance Companies Act

223 Subsection 164.03(1) of the Insurance Companies Act is replaced by the following:

Mandatory solicitation

164.03 (1) Subject to subsections (2) and 144(2), the management of a company shall, concurrently with sending notice of a meeting of shareholders and policyholders, send a form of proxy that is in accordance with the regulations to each shareholder entitled to receive notice of the meeting and to each policyholder entitled to receive notice of the meeting under section 143.

224 (1) Subsections 164.04(1) and (2) of the Act are replaced by the following:

Soliciting proxies

164.04 (1) A person shall not solicit proxies unless a proxy circular that is in accordance with the regulations is sent to the auditor of the company, to each shareholder or policyholder whose proxy is solicited and, in the case set out in paragraph (b), to the company as follows:

(b) in the case of any other solicitation, a dissident’s proxy circular stating the purposes of the solicitation.

Exception — limited solicitation

(1.1) Despite subsection (1), a person may solicit proxies, other than by or on behalf of the management of the company, without sending a dissident’s proxy circular, if the total number of shareholders and policyholders whose proxies are solicited is 15 or fewer, with two or more joint holders being counted as one shareholder.

Exception — solicitation by public broadcast

Copy to Superintendent

(2) Subsection 164.04(4) of the Act is replaced by the following:

Reporting exemptions

(4) The Superintendent shall publish in a publication generally available to the public, a notice of a decision made by the Superintendent granting an exemption under subsection (3).

225 Section 164.061 of the Act is replaced by the following:

Regulations

164.061 The Governor in Council may make regulations

(a) respecting the powers that may be granted by a shareholder or a policyholder in a form of proxy;

(b) respecting proxy circulars and forms of proxy, including the form and content of those documents; and

226 Subsection 788(1) of the Act is replaced by the following:

Mandatory solicitation

788 (1) Subject to subsections (2) and 768(2), the management of an insurance holding company shall, concurrently with sending notice of a meeting of shareholders, send a form of proxy that is in accordance with the regulations to each shareholder entitled to receive notice of the meeting under section 767.

227 (1) Subsections 789(1) and (2) of the Act are replaced by the following:

Soliciting proxies

789 (1) A person shall not solicit proxies unless a proxy circular that is in accordance with the regulations is sent to the auditor of the insurance holding company, to each shareholder whose proxy is solicited and, in the case set out in paragraph (b), to the bank as follows:

(a) in the case of solicitation by or on behalf of the management of an insurance holding company, a management proxy circular, either as an appendix to or as a separate document accompanying the notice of the meeting; and

(b) in the case of any other solicitation, a dissident’s proxy circular stating the purposes of the solicitation.

Exception — limited solicitation

(1.1) Despite subsection (1), a person may solicit proxies, other than by or on behalf of the management of the insurance holding company, without sending a dissident’s proxy circular, if the total number of shareholders whose proxies are solicited is 15 or fewer, with two or more joint holders being counted as one shareholder.

Exception — solicitation by public broadcast

(1.2) Despite subsection (1), a person may solicit proxies, other than by or on behalf of the management of the insurance holding company, without sending a dissident’s proxy circular if the solicitation is, in the prescribed circumstances, conveyed by public broadcast, speech or publication.

Copy to Superintendent

(2) Subsection 789(4) of the Act is replaced by the following:

Reporting exemptions

(4) The Superintendent shall publish in a publication generally available to the public, a notice of a decision made by the Superintendent granting an exemption under subsection (3).

228 Section 791.1 of the Act is replaced by the following:

Regulations

791.1 The Governor in Council may make regulations

(a) respecting the powers that may be granted by a shareholder in a form of proxy;

(b) respecting proxy circulars and forms of proxy, including the form and content of those documents; and

(c) respecting the conditions under which an insurance holding company is exempt from any of the requirements of sections 786 to 791.

2005, c. 54

An Act to amend certain Acts in relation to financial institutions

229 Subsection 239(2) of the English version of An Act to amend certain Acts in relation to financial institutions is amended by replacing the subparagraphs (a)(i) and (ii) of the definition solicitation that it enacts with the following:

(i) a request for a proxy whether or not accompanied by or included in a form of proxy,

(ii) a request to execute or not to execute or, in Quebec, to sign or not to sign a form of proxy or to revoke a proxy,

230 Subsection 322(2) of the English version of the Act is amended by replacing the subparagraphs (a)(i) and (ii) of the definition solicitation that it enacts with the following:

(i) a request for a proxy whether or not accompanied by or included in a form of proxy,

(ii) a request to execute or not to execute or, in Quebec, to sign or not to sign a form of proxy or to revoke a proxy,

231 Subsection 392(2) of the English version of the Act is amended by replacing the subparagraphs (a)(i) and (ii) of the definition solicitation that it enacts with the following:

(i) a request for a proxy whether or not accompanied by or included in a form of proxy,

(ii) a request to execute or not to execute or, in Quebec, to sign or not to sign a form of proxy or to revoke a proxy,

Coordinating Amendments

2005, c. 54

232 (1) In this section, other Act means the An Act to amend certain Acts in relation to financial institutions.

(2) If subsection 239(2) of the other Act comes into force before section 229 of this Act, then

(a) that section 229 is deemed never to have come into force and is repealed; and

(b) subparagraphs (a)(i) and (ii) of the definition solicitation in section 164 of the English version of the Insurance Companies Act are replaced by the following:

(i) a request for a proxy whether or not accompanied by or included in a form of proxy,

(ii) a request to execute or not to execute or, in Quebec, to sign or not to sign a form of proxy or to revoke a proxy,

(3) If subsection 239(2) of the other Act comes into force on the same day as section 229 of this Act, then that section 229 is deemed to have come into force before that subsection 239(2).

(4) If subsection 322(2) of the other Act comes into force before section 230 of this Act, then

(a) that section 230 is deemed never to have come into force and is repealed; and

(b) subparagraphs (a)(i) and (ii) of the definition solicitation in section 785 of the English version of the Insurance Companies Act are replaced by the following:

(i) a request for a proxy whether or not accompanied by or included in a form of proxy,

(ii) a request to execute or not to execute or, in Quebec, to sign or not to sign a form of proxy or to revoke a proxy,

(5) If subsection 322(2) of the other Act comes into force on the same day as section 230 of this Act, then that section 230 is deemed to have come into force before that subsection 322(2).

(6) If subsection 392(2) of the other Act comes into force before section 231 of this Act, then

(a) that section 231 is deemed never to have come into force and is repealed; and

(b) subparagraphs (a)(i) and (ii) of the definition solicitation in section 160.01 of the English version of the Trust and Loan Companies Act are replaced by the following:

(i) a request for a proxy whether or not accompanied by or included in a form of proxy,

(ii) a request to execute or not to execute or, in Quebec, to sign or not to sign a form of proxy or to revoke a proxy,

(7) If subsection 392(2) of the other Act comes into force on the same day as section 231 of this Act, then that section 231 is deemed to have come into force before that subsection 392(2).

DIVISION 11

1991, c. 47

Insurance Companies Act

Amendment to the Act

233 Section 476 of the Insurance Companies Act is renumbered as subsection 476(1) and is amended by adding the following:

Exception

(2) A property and casualty company, or a marine company, need not include in the aggregate amount calculated for the purposes of subsection (1) the value of any debt obligation if the value of the debt obligation is included as part of the regulatory capital of the company.

Coming into Force

January 1, 2023

234 This Division comes into force on January 1, 2023.

DIVISION 12

Prohibition on the Purchase of Residential Property by Non-Canadians Act

Enactment of Act

Enactment

235 The Prohibition on the Purchase of Residential Property by Non-Canadians Act is enacted as follows:

An Act to prohibit the purchase of residential property by non-Canadians

Short title

1 This Act may be cited as the Prohibition on the Purchase of Residential Property by Non-Canadians Act.

Definitions

2 The following definitions apply in this Act.

common-law partner, in relation to an individual, means a person who is cohabiting with the individual in a conjugal relationship, having so cohabited for a period of at least one year. (conjoint de fait)

control has the meaning assigned by the regulations. (contrôle)

dwelling unit means a residential unit that contains private kitchen facilities, a private bath and a private living area. (local d’habitation)

Minister means the federal minister designated under section 3. (ministre)

non-Canadian means

(a) an individual who is neither a Canadian citizen nor a person registered as an Indian under the Indian Act nor a permanent resident;

(b) a corporation that is incorporated otherwise than under the laws of Canada or a province;

(c) a corporation incorporated under the laws of Canada or a province whose shares are not listed on a stock exchange in Canada for which a designation under section 262 of the Income Tax Act is in effect and that is controlled by a person referred to in paragraph (a) or (b); and

(d) a prescribed person or entity. (non-Canadien)

permanent resident has the same meaning as in subsection 2(1) of the Immigration and Refugee Protection Act. (résident permanent)

prescribed means prescribed by regulation. (Version anglaise seulement)

residential property means any real property or immovable, other than a prescribed real property or immovable, that is situated in Canada and that is

(a) a detached house or similar building, containing not more than three dwelling units, together with that proportion of the appurtenances to the building and the land subjacent or immediately contiguous to the building that is reasonably necessary for its use and enjoyment as a place of residence for individuals;

(b) a part of a building that is a semi-detached house, rowhouse unit, residential condominium unit or other similar premises that is, or is intended to be, a separate parcel or other division of real property or immovable owned, or intended to be owned, apart from any other unit in the building, together with that proportion of any common areas and other appurtenances to the building and the land subjacent or immediately contiguous to the building that is attributable to the house, unit or premises and that is reasonably necessary for its use and enjoyment as a place of residence for individuals; or

Designation of Minister

3 The Governor in Council may, by order, designate any federal minister to be the Minister for the purposes of this Act.

Prohibition

4 (1) Despite section 34 of the Citizenship Act, it is prohibited for a non-Canadian to purchase, directly or indirectly, any residential property.

Exception — persons

(2) Subsection (1) does not apply to

(a) a temporary resident within the meaning of the Immigration and Refugee Protection Act who satisfies prescribed conditions;

(b) a protected person within the meaning of subsection 95(2) of that Act;

(c) an individual who is a non-Canadian and who purchases residential property in Canada with their spouse or common-law partner if the spouse or common law-partner is a Canadian citizen, person registered as an Indian under the Indian Act, permanent resident or person referred to in paragraph (a) or (b); or

(d) a person of a prescribed class of persons.

Exception — circumstances

(3) Subsection (1) does not apply in prescribed circumstances.

Foreign state

(4) For greater certainty, nothing in subsection (1) is to be construed as hindering a foreign state from purchasing residential property for diplomatic or consular purposes.

Non-application

(5) Subsection (1) does not apply if the non-Canadian becomes liable or assumes liability under an agreement of purchase and sale of the residential property before the day on which this Act comes into force.

Validity

5 The contravention of section 4 does not affect the validity of the sale of the residential property to which the contravention relates.

Offence

6 (1) Every non-Canadian that contravenes section 4 and every person or entity that counsels, induces, aids or abets or attempts to counsel, induce, aid or abet a non-Canadian to purchase, directly or indirectly, any residential property knowing that the non-Canadian is prohibited under this Act from purchasing the residential property is guilty of an offence and liable on summary conviction to a fine of not more than $10,000.

Party to offence

(2) If a corporation or entity commits an offence, any of the following persons that directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to and liable for the offence whether or not the corporation or entity has been prosecuted or convicted:

(a) an officer, director or agent or mandatary of the corporation or entity;

(b) a senior official of the corporation or entity;

Order

7 (1) If a non-Canadian is convicted of having contravened section 4, the superior court of the province in which the residential property to which the contravention relates is situated may, on application of the Minister, order the residential property to be sold in the prescribed manner and under prescribed conditions.

Terms

(2) Subject to the regulations, the superior court may make the order subject to any terms that it considers appropriate.

Regulations

8 (1) The Governor in Council may, on the recommendation of the Minister after consultation with the Minister of Finance, make regulations

(a) defining “control” for the purposes of this Act;

(b) respecting what constitutes a purchase for the purposes of this Act;

(d) prescribing anything that by this Act is to be prescribed.

Paragraph (1)(c)

(2) Regulations made under paragraph (1)(c) must provide that no non-Canadian receive from the proceeds that results from a sale of a residential property ordered under section 7 more than the purchase price they paid for the residential property.

Repeal

236 The Prohibition on the Purchase of Residential Property by Non-Canadians Act is repealed.

Coming into Force

Order in council

237 (1) Section 235 comes into force on a day to be fixed by order of the Governor in Council.

Second anniversary

(2) Section 236 comes into force on the second anniversary of the day on which section 235 comes into force.

Division 13

R.S., c. P-1

Parliament of Canada Act

Amendments to the Act

238 Subsection 19.1(3) of the Parliament of Canada Act is replaced by the following:

Composition of Committee

(3) The Leader of the Government in the Senate or Government Representative in the Senate, or his or her nominee, the Leader of the Opposition in the Senate, or his or her nominee, and the Leader or Facilitator of every other recognized party or parliamentary group in the Senate, or his or her nominee, may, in accordance with the rules of the Senate, change the membership of the Committee from time to time, including during periods of prorogation or dissolution.

239 Section 20.1 of the Act is replaced by the following:

Appointment

20.1 The Governor in Council shall, by commission under the Great Seal, appoint a Senate Ethics Officer after consultation with the Leader of the Government in the Senate or Government Representative in the Senate, the Leader of the Opposition in the Senate and the Leader or Facilitator of every other recognized party or parliamentary group in the Senate and after approval of the appointment by resolution of the Senate.

240 The Act is amended by adding the following after section 62.3:

Additional Annual Allowances of Senators Beginning on July 1, 2022

Additional annual allowances — senators

62.4 (1) Despite section 62.3, beginning on July 1, 2022 there shall be paid to the following senators the following additional annual allowances:

(a) the senator occupying the position of Leader of the Government in the Senate or Government Representative in the Senate, unless he or she is in receipt of a salary under the Salaries Act, $90,500;

(b) the senator occupying the position of Leader of the Opposition in the Senate, $42,800;

(c) the senator occupying the position of Leader or Facilitator of the recognized party or parliamentary group in the Senate that consists of the greatest number of senators, other than the recognized party or parliamentary group to which a senator referred to in paragraph (a) or (b) belongs, $42,800;

(d) the senator occupying the position of Leader or Facilitator of the recognized party or parliamentary group in the Senate that consists of the second greatest number of senators, other than the recognized party or parliamentary group to which a senator referred to in paragraph (a) or (b) belongs, $21,300;

(e) the senator occupying the position of Leader or Facilitator of the recognized party or parliamentary group in the Senate that consists of the third greatest number of senators, other than the recognized party or parliamentary group to which a senator referred to in paragraph (a) or (b) belongs, $21,300;

(f) the senator occupying the position of Deputy Leader of the Government in the Senate or Legislative Deputy to the Government Representative in the Senate, $42,800;

(g) the senator occupying the position of Deputy Leader of the Opposition in the Senate, $27,000;

(h) the senator occupying the position of Deputy Leader or Deputy Facilitator to the senator referred to in paragraph (c), $27,000;

(i) the senator occupying the position of Deputy Leader or Deputy Facilitator to the senator referred to in paragraph (d), $13,400;

(j) the senator occupying the position of Deputy Leader or Deputy Facilitator to the senator referred to in paragraph (e), $13,400;

(k) the senator occupying the position of Government Whip in the Senate or Government Liaison in the Senate, $12,900;

(l) the senator occupying the position of Opposition Whip in the Senate, $7,400;

(m) the senator occupying the position of Whip or Liaison of the recognized party or parliamentary group in the Senate whose Leader or Facilitator is referred to in paragraph (c), $7,400;

(n) the senator occupying the position of Whip or Liaison of the recognized party or parliamentary group in the Senate whose Leader or Facilitator is referred to in paragraph (d), $3,700;

(o) the senator occupying the position of Whip or Liaison of the recognized party or parliamentary group in the Senate whose Leader or Facilitator is referred to in paragraph (e), $3,700;

(p) the senator occupying the position of Chair of the Caucus of the Government in the Senate, $7,400;

(q) the senator occupying the position of Chair of the Caucus of the Opposition in the Senate, $6,400;

(r) the senator occupying the position of Deputy Whip or Deputy Liaison of the recognized party or parliamentary group in the Senate whose Leader or Facilitator is referred to in paragraph (c), $3,200;

(s) the senator occupying the position of Deputy Whip or Deputy Liaison of the recognized party or parliamentary group in the Senate whose Leader or Facilitator is referred to in paragraph (d), $1,500;

(t) the senator occupying the position of Deputy Whip or Deputy Liaison of the recognized party or parliamentary group in the Senate whose Leader or Facilitator is referred to in paragraph (e), $1,500;

(u) the senator occupying the position of Deputy Government Whip in the Senate or Deputy Government Liaison in the Senate, $6,400; and

(v) the senator occupying the position of Deputy Opposition Whip in the Senate, $3,200.

Subsequent fiscal years

(2) Despite section 62.3, the additional annual allowance that shall be paid for each fiscal year after March 31, 2023 to a senator referred to in subsection (1) is the additional annual allowance for the previous fiscal year plus the amount obtained by multiplying that additional annual allowance by the index described in section 67.1 for the previous calendar year.

241 Sections 67 and 67.1 of the Act are replaced by the following:

Rounding of amounts

67 The salaries and allowances payable to members of the Senate and the House of Commons under sections 55.1 and 62.1 to 62.4 of this Act and section 4.1 of the Salaries Act shall be rounded down to the nearest hundred dollars.

Index

67.1 The index referred to in paragraph 55.1(2)(b) and subsections 62.1(2), 62.2(2), 62.3(2) and (4) and 62.4(2) for a calendar year is the index of the average percentage increase in base-rate wages for the calendar year, resulting from major settlements negotiated with bargaining units of 500 or more employees in the private sector in Canada, as published by the Department of Employment and Social Development within three months after the end of that calendar year.

242 The portion of subsection 71.1(1) of the Act before paragraph (a) is replaced by the following:

Entitlement

71.1 (1) A member of the Senate or the House of Commons who resigns by reason of disability may elect to receive an annual disability allowance equal to 70% of their annual salaries and allowances under sections 55.1 and 62.1 to 62.4 of this Act and section 4.1 of the Salaries Act, on the date of resignation, if at the time of their resignation, the member

243 Paragraph 79.1(1)(a) of the Act is replaced by the following:

(a) the Leader of the Government in the Senate or Government Representative in the Senate, the Leader of the Opposition in the Senate and the Leader or Facilitator of every other recognized party or parliamentary group in the Senate; and

R.S., c. M-5

Consequential Amendment to the Members of Parliament Retiring Allowances Act

244 The definition annual allowance in subsection 2(1) of the Members of Parliament Retiring Allowances Act is replaced by the following:

annual allowance means an annual allowance payable to a member under section 62, 62.3 or 62.4 of the Parliament of Canada Act or payable to a member under an appropriation Act as Deputy Chair or Assistant Deputy Chair of a committee. (indemnité annuelle)

Related Amendments

R.S., c. A-1

Access to Information Act

245 Subsection 54(1) of the Access to Information Act is replaced by the following:

Appointment

54 (1) The Governor in Council shall, by commission under the Great Seal, appoint an Information Commissioner after consultation with the Leader of the Government in the Senate or Government Representative in the Senate, the Leader of the Opposition in the Senate, the Leader or Facilitator of every other recognized party or parliamentary group in the Senate and the leader of every recognized party in the House of Commons and approval of the appointment by resolution of the Senate and House of Commons.

R.S., c. A-17

Auditor General Act

246 Subsection 3(1) of the Auditor General Act is replaced by the following:

Appointment

3 (1) The Governor in Council shall, by commission under the Great Seal, appoint an Auditor General of Canada after consultation with the Leader of the Government in the Senate or Government Representative in the Senate, the Leader of the Opposition in the Senate, the Leader or Facilitator of every other recognized party or parliamentary group in the Senate and the leader of every recognized party in the House of Commons and approval of the appointment by resolution of the Senate and House of Commons.

R.S., c. P-21

Privacy Act

247 Subsection 53(1) of the Privacy Act is replaced by the following:

Appointment

53 (1) The Governor in Council shall, by commission under the Great Seal, appoint a Privacy Commissioner after consultation with the Leader of the Government in the Senate or Government Representative in the Senate, the Leader of the Opposition in the Senate, the Leader or Facilitator of every other recognized party or parliamentary group in the Senate and the leader of every recognized party in the House of Commons and approval of the appointment by resolution of the Senate and House of Commons.

R.S., c. 22 (4th Supp.)

Emergencies Act

248 Subsection 62(2) of the Emergencies Act is replaced by the following:

Membership

(2) The Parliamentary Review Committee shall include at least one member of the House of Commons from each party that has a recognized membership of 12 or more persons in that House and at least the Leader of the Government in the Senate or Government Representative in the Senate, or his or her nominee, the Leader of the Opposition in the Senate, or his or her nominee, and the Leader or Facilitator who is referred to in any of paragraphs 62.4(1)(c) to (e) of the Parliament of Canada Act, or his or her nominee.

R.S., c. 31 (4th Supp.)

Official Languages Act

249 Subsection 49(1) of the Official Languages Act is replaced by the following:

Appointment

49 (1) The Governor in Council shall, by commission under the Great Seal, appoint a Commissioner of Official Languages for Canada after consultation with the Leader of the Government in the Senate or Government Representative in the Senate, the Leader of the Opposition in the Senate, the Leader or Facilitator of every other recognized party or parliamentary group in the Senate and the leader of every recognized party in the House of Commons and approval of the appointment by resolution of the Senate and House of Commons.

R.S., c. 44 (4th Supp.); 2006, c. 9, s. 66

Lobbying Act

250 Subsection 4.1(1) of the Lobbying Act is replaced by the following:

Commissioner of Lobbying

4.1 (1) The Governor in Council shall, by commission under the Great Seal, appoint a Commissioner of Lobbying after consultation with the Leader of the Government in the Senate or Government Representative in the Senate, the Leader of the Opposition in the Senate, the Leader or Facilitator of every other recognized party or parliamentary group in the Senate and the leader of every recognized party in the House of Commons and approval of the appointment by resolution of the Senate and House of Commons.

2005, c. 46

Public Servants Disclosure Protection Act

251 Subsection 39(1) of the Public Servants Disclosure Protection Act is replaced by the following:

Appointment

39 (1) The Governor in Council shall, by commission under the Great Seal, appoint a Public Sector Integrity Commissioner after consultation with the Leader of the Government in the Senate or Government Representative in the Senate, the Leader of the Opposition in the Senate, the Leader or Facilitator of every other recognized party or parliamentary group in the Senate and the leader of every recognized party in the House of Commons and approval of the appointment by resolution of the Senate and House of Commons.

2017, c. 15

National Security and Intelligence Committee of Parliamentarians Act

252 Subsection 5(2) of the National Security and Intelligence Committee of Parliamentarians Act is replaced by the following:

Consultation

(2) A member of the Senate may be appointed to the Committee only after the Prime Minister has consulted with the Leader of the Government in the Senate or Government Representative in the Senate, the Leader of the Opposition in the Senate and the Leader or Facilitator of every other recognized party or parliamentary group in the Senate.

2019, c. 13, s. 2

National Security and Intelligence Review Agency Act

253 Paragraphs 4(2)(a) and (b) of the National Security and Intelligence Review Agency Act are replaced by the following:

(a) the Leader of the Government in the Senate or Government Representative in the Senate and the Leader of the Opposition in the Senate;

(b) the Leader or Facilitator of every recognized party or parliamentary group in the Senate;

Coming into Force

Order in council

254 This Division comes into force on a day to be fixed by order of the Governor in Council.

DIVISION 14

R.S., c. F-11

Financial Administration Act

255 Section 7 of the Financial Administration Act is amended by adding the following after subsection (3):

Services to departments, Crown corporations and other entities

(4) The Treasury Board may, in carrying out its responsibilities under subsection (1), provide services to departments and Crown corporations. With the authorization of the Governor in Council, it may also provide these services to a provincial government, a municipality in Canada, a provincial or municipal public body or any other public body performing a function of government in Canada.

Access to Information Act

(5) For greater certainty, for the purposes of the Access to Information Act, the records of an entity to which the Treasury Board provides services under subsection (4) that are, on behalf of that entity, contained in or carried on the Treasury Board’s information technology systems are not under the control of the Treasury Board.

Privacy Act

(6) For greater certainty, for the purposes of the Privacy Act, personal information that is collected by an entity to which the Treasury Board provides services under subsection (4) and that is, on behalf of that entity, contained in or carried on the Treasury Board’s information technology systems is not under the control of the Treasury Board.

DIVISION 15

R.S., c. C-34; R.S., c. 19 (2nd Supp.), s. 19

Competition Act

Amendments to the Act

256 (1) Subsection 11(2) of the Competition Act is replaced by the following:

Records or information in possession of affiliate

(2) If the person against whom an order is sought under paragraph (1)(b) or (c) in relation to an inquiry is a corporation and the judge to whom the application is made under subsection (1) is satisfied by information on oath or solemn affirmation that an affiliate of the corporation, whether the affiliate is located in Canada or outside Canada, has or is likely to have records or information relevant to the inquiry, the judge may order the corporation to

(a) produce the records; or

(b) make and deliver a written return of the information.

(2) Section 11 of the Act is amended by adding the following after subsection (4):

Person outside Canada

(5) An order may be made under subsection (1) against a person outside Canada who carries on business in Canada or sells products into Canada.

257 (1) Subsections 45(2) and (3) of the Act are replaced by the following:

Conspiracies, agreements or arrangements regarding employment

(1.1) Every person who is an employer commits an offence who, with another employer who is not affiliated with that person, conspires, agrees or arranges

(a) to fix, maintain, decrease or control salaries, wages or terms and conditions of employment; or

(b) to not solicit or hire each other’s employees.

Penalty

(2) Every person who commits an offence under subsection (1) or (1.1) is guilty of an indictable offence and liable on conviction to imprisonment for a term not exceeding 14 years or to a fine in the discretion of the court, or to both.

Evidence of conspiracy, agreement or arrangement

(3) In a prosecution under subsection (1) or (1.1), the court may infer the existence of a conspiracy, agreement or arrangement from circumstantial evidence, with or without direct evidence of communication between or among the alleged parties to it, but, for greater certainty, the conspiracy, agreement or arrangement must be proved beyond a reasonable doubt.

(2) The portion of subsection 45(4) of the Act before paragraph (a) is replaced by the following:

Defence

(4) No person shall be convicted of an offence under subsection (1) or (1.1) in respect of a conspiracy, agreement or arrangement that would otherwise contravene that subsection if

(3) Subsection 45(7) of the Act is replaced by the following:

Common law principles — regulated conduct

(7) The rules and principles of the common law that render a requirement or authorization by or under another Act of Parliament or the legislature of a province a defence to a prosecution under subsection (1), as it read immediately before the coming into force of this section, continue in force and apply in respect of a prosecution under subsection (1) or (1.1).

258 Section 52 of the Act is amended by adding the following after subsection (1.2):

Drip pricing

(1.3) For greater certainty, the making of a representation of a price that is not attainable due to fixed obligatory charges or fees constitutes a false or misleading representation, unless the obligatory charges or fees represent only an amount imposed by or under an Act of Parliament or the legislature of a province.

259 Section 74.01 of the Act is amended by adding the following after subsection (1):

Drip pricing

(1.1) For greater certainty, the making of a representation of a price that is not attainable due to fixed obligatory charges or fees constitutes a false or misleading representation, unless the obligatory charges or fees represent only an amount imposed by or under an Act of Parliament or the legislature of a province.

260 Subparagraphs 74.1(1)(c)(i) and (ii) of the Act are replaced by the following:

(i) in the case of an individual, the greater of

(A) $750,000 and, for each subsequent order, $1,000,000, and

(B) three times the value of the benefit derived from the deceptive conduct, if that amount can be reasonably determined, or

(ii) in the case of a corporation, the greater of

(A) $10,000,000 and, for each subsequent order, $15,000,000, and

(B) three times the value of the benefit derived from the deceptive conduct, or, if that amount cannot be reasonably determined, 3% of the corporation’s annual worldwide gross revenues; and

261 (1) The portion of subsection 78(1) of the Act before paragraph (a) is replaced by the following:

Definition of anti-competitive act

78 (1) For the purposes of section 79, anti-competitive act means any act intended to have a predatory, exclusionary or disciplinary negative effect on a competitor, or to have an adverse effect on competition, and includes any of the following acts:

(2) Subsection 78(1) of the Act is amended by striking out “and” at the end of paragraph (h), by adding “and” at the end of paragraph (i) and by adding the following after paragraph (i):

(j) a selective or discriminatory response to an actual or potential competitor for the purpose of impeding or preventing the competitor’s entry into, or expansion in, a market or eliminating the competitor from a market.

262 (1) The portion of subsection 79(1) of the Act before paragraph (a) is replaced by the following:

Prohibition if abuse of dominant position

79 (1) If, on application by the Commissioner or a person granted leave under section 103.1, the Tribunal finds that

(2) Subsection 79(3.1) of the Act is replaced by the following:

Administrative monetary penalty

(3.1) If the Tribunal makes an order against a person under subsection (1) or (2), it may also order them to pay, in any manner that the Tribunal specifies, an administrative monetary penalty in an amount not exceeding the greater of

(a) $10,000,000 and, for each subsequent order under either of those subsections, an amount not exceeding $15,000,000, and

(b) three times the value of the benefit derived from the anti-competitive practice, or, if that amount cannot be reasonably determined, 3% of the person’s annual worldwide gross revenues.

(3) Subsection 79(4) of the Act is replaced by the following:

Factors to be considered

(4) In determining, for the purposes of subsection (1), whether a practice has had, is having or is likely to have the effect of preventing or lessening competition substantially in a market, the Tribunal shall consider whether the practice is a result of superior competitive performance and may consider

(a) the effect of the practice on barriers to entry in the market, including network effects;

(b) the effect of the practice on price or non-price competition, including quality, choice or consumer privacy;

(d) any other factor that is relevant to competition in the market that is or would be affected by the practice.

(4) Section 79 of the Act is amended by adding the following after subsection (7):

Inferences

(8) In considering an application by a person granted leave under section 103.1, the Tribunal may not draw any inference from the fact that the Commissioner has or has not taken any action in respect of the matter raised by the application.

263 Subsection 90.1(2) of the Act is amended by striking out “and” after paragraph (g) and by adding the following after that paragraph:

(g.1) network effects within the market;

(g.2) whether the agreement or arrangement would contribute to the entrenchment of the market position of leading incumbents;

(g.3) any effect of the agreement or arrangement on price or non-price competition, including quality, choice or consumer privacy; and

264 Section 93 of the Act is amended by striking out “and” after paragraph (g) and by adding the following after that paragraph:

(g.1) network effects within the market;

(g.2) whether the merger or proposed merger would contribute to the entrenchment of the market position of leading incumbents;

(g.3) any effect of the merger or proposed merger on price or non-price competition, including quality, choice or consumer privacy; and

265 Paragraph 100(1)(b) of the Act is replaced by the following:

(b) the Tribunal finds, on application by the Commissioner, that the completion of the proposed merger would result in a contravention of section 114.

266 (1) Subsections 103.1(1) and (2) of the Act are replaced by the following:

Leave to make application under section 75, 76, 77 or 79

103.1 (1) Any person may apply to the Tribunal for leave to make an application under section 75, 76, 77 or 79. The application for leave must be accompanied by an affidavit setting out the facts in support of the person’s application under that section.

Notice

(2) The applicant must serve a copy of the application for leave on the Commissioner and any person against whom the order under section 75, 76, 77 or 79, as the case may be, is sought.

(2) Paragraph 103.1(3)(b) of the Act is replaced by the following:

(b) was the subject of an inquiry that has been discontinued because of a settlement between the Commissioner and the person against whom the order under section 75, 76, 77 or 79, as the case may be, is sought.

(3) Subsection 103.1(4) of the Act is replaced by the following:

Application discontinued

(4) The Tribunal shall not consider an application for leave respecting a matter described in paragraph (3)(a) or (b) or a matter that is the subject of an application already submitted to the Tribunal by the Commissioner under section 75, 76, 77 or 79.

(4) Subsection 103.1(7) of the Act is replaced by the following:

Granting leave

(7) The Tribunal may grant leave to make an application under section 75, 77 or 79 if it has reason to believe that the applicant is directly and substantially affected in the applicant’s business by any practice referred to in one of those sections that could be subject to an order under that section.

(5) Subsection 103.1(8) of the English version of the Act is replaced by the following:

Time and conditions for making application

(8) The Tribunal may set the time within which and the conditions subject to which an application under section 75, 76, 77 or 79 must be made. The application must be made no more than one year after the practice or conduct that is the subject of the application has ceased.

(6) Subsection 103.1(10) of the Act is replaced by the following:

Limitation

(10) The Commissioner may not make an application for an order under section 75, 76, 77 or 79 on the basis of the same or substantially the same facts as are alleged in a matter for which the Tribunal has granted leave under subsection (7) or (7.1), if the person granted leave has already applied to the Tribunal under section 75, 76, 77 or 79.

267 Section 103.2 of the Act is replaced by the following:

Intervention by Commissioner

103.2 If a person granted leave under subsection 103.1(7) or (7.1) makes an application under section 75, 76, 77 or 79, the Commissioner may intervene in the proceedings.

268 Subsection 104(1) of the Act is replaced by the following:

Interim order

104 (1) If an application has been made for an order under this Part, other than an interim order under section 100 or 103.3, the Tribunal, on application by the Commissioner or a person who has made an application under section 75, 76, 77 or 79, may issue any interim order that it considers appropriate, having regard to the principles ordinarily considered by superior courts when granting interlocutory or injunctive relief.

269 Subsection 106.1(1) of the Act is replaced by the following:

Consent agreement — parties to a private action

106.1 (1) If a person granted leave under section 103.1 makes an application to the Tribunal for an order under section 75, 76, 77 or 79 and the terms of the order are agreed to by the person in respect of whom the order is sought and consistent with the provisions of this Act, a consent agreement may be filed with the Tribunal for registration.

270 Section 108 of the Act is amended by adding the following after subsection (2):

Computation of time

(3) In this Part, a time period is calculated in accordance with sections 26 to 30 of the Interpretation Act except that the following days are also considered to be a holiday as defined in subsection 35(1) of that Act:

(a) Saturday;

(b) if Christmas Day falls on a Saturday or Sunday, the following Monday and Tuesday; and

Submission after 5:00 p.m.

(4) For the purposes of this Part, anything submitted to the Commissioner after 5:00 p.m. (Eastern Time) is deemed to be received by the Commissioner on the next day that is not a holiday.

271 The Act is amended by adding the following after section 113:

Anti-avoidance

Application of sections 114 to 123.1

113.1 If a transaction or proposed transaction is designed to avoid the application of this Part, sections 114 to 123.1 apply to the substance of the transaction or proposed transaction.

272 Subsection 114(3) of the Act is replaced by the following:

Unsolicited bid

(3) If a proposed transaction is an unsolicited or hostile take-over bid in respect of an entity and the Commissioner receives prescribed information supplied under subsection (1) by a person who has commenced or has announced an intention to commence a take-over bid, the Commissioner shall, if he or she has not already received the prescribed information from the entity, immediately notify the entity that the Commissioner has received the prescribed information from that person and the entity shall supply the Commissioner with the prescribed information within 10 days after being so notified.

273 Paragraph 123(1)(a) of the English version of the Act is replaced by the following:

(a) 30 days after the day on which the information required under subsection 114(1) has been received by the Commissioner, if the Commissioner has not, within that time, required additional information to be supplied under subsection 114(2); or

274 Subsection 124.2(3) of the Act is replaced by the following:

Reference by agreement of parties to a private action

(3) A person granted leave under section 103.1 and the person against whom an order is sought under section 75, 76, 77 or 79 may by agreement refer to the Tribunal for determination any question of law, or mixed law and fact, in relation to the application or interpretation of Part VIII, if the Tribunal grants them leave. They must send a notice of their application for leave to the Commissioner, who may intervene in the proceedings.

Coming into Force

First anniversary

275 Section 257 comes into force on the first anniversary of the day on which this Act receives royal assent.

DIVISION 16

R.S., c. C-42

Copyright Act

Amendments to the Act

276 Section 6 of the Copyright Act is replaced by the following:

Term of copyright

6 Except as otherwise expressly provided by this Act, the term for which copyright subsists is the life of the author, the remainder of the calendar year in which the author dies, and a period of 70 years following the end of that calendar year.

277 Subsection 6.2(2) of the Act is replaced by the following:

Identity of author commonly known

(2) If, during any term referred to in subsection (1), the identity of one or more of the authors becomes commonly known, copyright subsists for the life of whichever of those authors dies last, the remainder of the calendar year in which that author dies and a period of 70 years following the end of that calendar year.

278 Section 7 of the Act is replaced by the following:

Term of copyright in certain posthumous works

7 (1) Subject to subsection (2), in the case of a literary, dramatic or musical work, or an engraving, in which copyright subsists at the date of the death of the author — or, in the case of a work of joint authorship, at or immediately before the date of the death of the author who dies last — but which has not been published or, in the case of a lecture or a dramatic or musical work, been performed in public or communicated to the public by telecommunication, before that date, copyright subsists for the longer of

(a) the period until publication, or performance in public or communication to the public by telecommunication, whichever may first happen, as well as the remainder of the calendar year of the publication or of the performance in public or communication to the public by telecommunication, as the case may be, and for a period of 50 years following the end of that calendar year, and

(b) the life of the author — or, in the case of a work of joint authorship, the life of the author who dies last — as well as the remainder of the calendar year in which that author dies and a period of 70 years following the end of the calendar year in which that author dies.

Application of subsection (1)

(2) Subsection (1) applies only if the work in question was published or performed in public or communicated to the public by telecommunication, as the case may be, before December 31, 1998.

Transitional provision

(3) If a work was not published or performed in public or communicated to the public by telecommunication before December 31, 1998, if subsection (1) would apply to that work had it been published or performed in public or communicated to the public by telecommunication before that day, and if the relevant death referred to in subsection (1) occurred during the period of 50 years immediately before that day, copyright subsists in the work, whether or not the work is published or performed in public or communicated to the public by telecommunication on or after that day,

(a) until December 31, 2048; or

(b) for the life of the author — or, in the case of a work of joint authorship, the life of the author who dies last — as well as the remainder of the calendar year in which that author dies and a period of 70 years following the end of that calendar year, if that period ends after December 31, 2048.

279 Section 9 of the Act is replaced by the following:

Cases of joint authorship

9 In the case of a work of joint authorship, except as provided in section 6.2 or subsection 7(1) or (3), copyright subsists during the life of the author who dies last, for the remainder of the calendar year in which that author dies, and for a period of 70 years following the end of that calendar year, and references in this Act to the period after the expiration of any specified number of years from the end of the calendar year of the death of the author shall be construed as references to the period after the expiration of the like number of years from the end of the calendar year of the death of the author who dies last.

Transitional Provision

No revival of copyright

280 Section 6, subsections 6.2(2) and 7(1) and (3) and section 9 of the Copyright Act, as enacted by sections 276 to 279, do not have the effect of reviving the copyright in any work in which the copyright had expired before the day on which sections 276 to 279 come into force.

Coming into Force

Order in council

281 This Division comes into force on a day to be fixed by order of the Governor in Council.

DIVISION 17

2018, c. 27, s. 247; 2014, c. 20, s. 366(1)(E)

College of Patent Agents and Trademark Agents Act

282 Subsection 5(2) of the College of Patent Agents and Trademark Agents Act is replaced by the following:

Act not applicable to College

(2) Subject to any regulations made under paragraph 76(1)(a.1), the Canada Not-for-profit Corporations Act does not apply to the College.

283 Section 8 of the Act is replaced by the following:

Capacity

8 In carrying out its purpose, the College has the capacity and the rights, powers and privileges of a natural person, including the power to

(a) purchase or otherwise acquire, or lease, any real or personal property or immovable or movable;

(b) sell or otherwise dispose of, or lease, any of its acquired or leased property; and

284 Section 15 of the Act is amended by adding the following after subsection (4):

Vacancies during term

(5) If an elected director has ceased to hold office before the expiry of their term, the Board may, in accordance with the by-laws, appoint an individual to fill that vacancy for the unexpired portion of that term or for any shorter period that the Board fixes.

285 The Act is amended by adding the following after section 20:

Power to act on College’s behalf

20.1 For the purposes of this Act, the Board may act on the College’s behalf and may, by by-law, authorize the College’s directors, the members of its committees, the Registrar, the investigators and any officers or employees of the College to act on behalf of the College.

286 Section 22 of the Act is renumbered as subsection 22(1) and is amended by adding the following:

Delegation

(2) Subject to the regulations, the Registrar may delegate any of the powers, duties and functions conferred on the Registrar under this Act.

287 The Act is amended by adding the following after section 23:

Immunity

Responsibility for damages — directors and others

23.1 No action or other proceeding for damages lies or may be instituted against any of the following persons for anything done or omitted to be done 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 that person under the Act:

(a) a current or former director of the Board;

(b) a current or former member of a committee of the College;

(d) a current or former investigator;

(e) a current or former officer, employee, agent or mandatary of the College; and

(f) a person who is or has been engaged by the College.

Right of indemnification

23.2 The College must indemnify the persons referred to in section 23.1 against all costs, charges and expenses, including an amount paid to settle an action or satisfy a judgment, reasonably incurred by them in respect of any civil, criminal, administrative or other proceeding in which they are involved for anything done or omitted to be done 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 that person under the Act.

Responsibility for damages — complainant or others

23.3 No action or other proceeding for damages lies or may be instituted against a person for disclosing any information or document to the College or to an investigator in good faith, or for making a complaint about a licensee to the College in good faith.

288 The Act is amended by adding the following after section 37:

Powers

37.1 (1) The Investigations Committee may take any of the following actions in respect of a licensee who is under investigation if it is satisfied that it is necessary for the protection of the public:

(a) impose conditions on a licence of the licensee;

(b) impose restrictions on the licensee’s entitlement to represent persons under section 27 or 30;

Notice

(2) The Investigations Committee must notify the licensee in writing of any action taken in respect of the licensee and must inform them of their right to make an application for a review by the Discipline Committee at any time.

Action is provisional

(3) Any action taken under subsection (1) is provisional and ceases to have effect if

(a) the Discipline Committee makes a decision under subsection 37.2(2) that amends or revokes the action;

(b) the Investigations Committee dismisses the matter under subsection 49(1);

(d) the Discipline Committee exercises its powers under section 56; or

(e) the Discipline Committee renders a decision under section 57.

Request for review

37.2 (1) A licensee who receives a notice under subsection 37.1(2) may, at any time, request a review of the decision of the Investigations Committee made under subsection 37.1(1) by making an application to the Discipline Committee.

Decision

(2) On completion of the review, the Discipline Committee may confirm, amend or revoke any action taken by the Investigations Committee. If the Discipline Committee amends the actions, they cease to have effect in the circumstances referred to in paragraphs 37.1(3)(b) to (e).

Notice

(3) The Discipline Committee must, in writing, notify the licensee and the Investigations Committee of its decision and the reasons for it.

289 Section 39 of the Act is replaced by the following:

Dismissal or referral

38.1 (1) The Registrar must consider all complaints received by the College relating to professional misconduct or incompetence by a licensee and may, subject to and in accordance with the by-laws, dismiss any complaint, in whole or in part, for any of the reasons set out in the regulations, but if they do not dismiss the complaint the Registrar must refer it to the Investigations Committee for consideration.

Notice of dismissal

(2) If the Registrar dismisses the complaint, the Registrar must notify the complainant in writing of the decision and the reasons for the dismissal and the notice must inform the complainant of their right to appeal the decision to the Investigations Committee within 30 days after the date of the notice.

Limitation

(3) The Registrar is not permitted to disclose privileged information in their notice to the complainant.

Appeal

(4) The complainant who receives a notice under subsection (2) may, within 30 days after the date of the notice, request an appeal of the Registrar’s decision to the Investigations Committee.

Decision

(5) The Investigations Committee must dispose of the appeal by dismissing it or allowing it and, if they allow it, they must consider the complaint.

Role of Investigations Committee

39 The Investigations Committee must consider all complaints that are referred to it by the Registrar and make a determination in respect of all appeals requested under subsection 38.1(4).

290 Section 63 of the Act is replaced by the following:

Practice and Procedure

Rules

63 The Investigations Committee and the Discipline Committee may make rules respecting the practice and procedure before them and rules for carrying out their work and for the management of their internal affairs.

291 (1) Paragraph 75(1)(c) of the Act is replaced by the following:

(2) Subsection 75(1) of the Act is amended by adding the following after paragraph (f):

(f.1) respecting the creation of committees;

(3) Subsection 75(1) of the Act is amended by adding the following after paragraph (i):

(i.1) defining the terms “professional misconduct” and “incompetence” for the purposes of this Act;

(4) Subsection 75(1) of the Act is amended by striking out “and” at the end of paragraph (t) and by adding the following after that paragraph:

(t.1) prescribing the circumstances in which the Registrar must not dismiss a complaint or the reasons for which the Registrar must not dismiss a complaint;

(t.2) respecting the form and manner in which the Registrar may dismiss a complaint; and

(5) Subsections 75(2) and (3) of the Act are replaced by the following:

Different treatment

(2) The by-laws made under paragraphs (1)(j) to (t) and (u) may distinguish among classes of licensees or licences.

For greater certainty

(3) For greater certainty, by-laws made under paragraphs (1)(i.1) to (u) are regulations for the purposes of the Statutory Instruments Act.

292 (1) Subsection 76(1) of the Act is amended by adding the following after paragraph (a):

(a.1) respecting the application of any provisions of the Canada Not-for-profit Corporations Act to the College;

(a.2) limiting the powers, duties and functions that may be delegated by the Registrar and the persons to whom they may be delegated;

(2) Subsection 76(1) of the Act is amended by adding the following after paragraph (g):

(g.1) prescribing the reasons for which the Registrar may dismiss a complaint;

(3) Subsection 76(2) of the Act is replaced by the following:

Authorization

(2) Regulations made under paragraph (1)(a.2) may authorize the Board or any committee of the College, and those made under paragraphs (1)(c), (d), (f) and (g) may authorize the Board, the Registrar or any committee of the College, to make by-laws with respect to all or part of the subject matter of the regulations and, for greater certainty, those by-laws are regulations for the purposes of the Statutory Instruments Act.

293 The Act is amended by adding the following after section 86:

By-laws

87 All by-laws that are made by the College before the coming into force of this section are deemed to have been made by the Board.

Deemed authority

88 All regulations authorizing the College to make by-laws under subsection 76(2), as it read immediately before the coming into force of this section, are deemed to authorize the Board to make the by-laws.

DIVISION 18

Civil Lunar Gateway Agreement Implementation Act

Enactment of Act

Enactment

294 The Civil Lunar Gateway Agreement Implementation Act is enacted as follows:

An Act to implement the Memorandum of Understanding between the Government of Canada and the Government of the United States of America concerning Cooperation on the Civil Lunar Gateway and to make related amendments to other Acts

Short Title

Short title

1 This Act may be cited as the Civil Lunar Gateway Agreement Implementation Act.

Interpretation

Definitions

2 The following definitions apply in this Act.

Agreement means the Memorandum of Understanding between the Government of Canada and the Government of the United States of America concerning Cooperation on the Civil Lunar Gateway, entered into on December 15, 2020, as amended from time to time under article 22 of the Agreement. (Accord)

Minister, in respect of any provision of this Act, means the member or members of the Queen’s Privy Council for Canada designated as the Minister or Ministers for the purpose of that provision. (ministre)

General

Purpose

3 The purpose of this Act is to fulfil Canada’s obligations under the Agreement.

Binding on Her Majesty

4 This Act is binding on Her Majesty in right of Canada or a province.

Order designating Minister

5 The Governor in Council may, by order, designate one or more members of the Queen’s Privy Council for Canada as the Minister or Ministers for the purpose of any provision of this Act.

Delegation of powers

6 The Minister may delegate any powers, duties and functions conferred on the Minister by or under this Act to one or more persons who are to exercise those powers and perform those duties and functions, subject to any terms and conditions that the Minister specifies.

Information

Power to order production

7 (1) The Minister may, by order, require any person that the Minister believes, on reasonable grounds, has information or documents relevant to the administration or enforcement of this Act, to provide that information or those documents to the Minister or any person that the Minister designates.

Order

(2) Every person to whom an order under subsection (1) is directed must provide the information or documents that are required by the order in the time and manner specified in it.

Non-application of Statutory Instruments Act

(3) The Statutory Instruments Act does not apply to an order issued under subsection (1).

Prohibition

8 (1) It is prohibited for a person who obtained information or a document under this Act or the Agreement that is subject to a claim that it is confidential to communicate it, allow its recommunication or allow any person to have access to it without the written consent of the person who provided it.

Exceptions

(2) Despite subsection (1), a person may communicate or allow any person to have access to information or a document that has been provided under this Act or the Agreement and that is subject to a claim that it is confidential if

(a) the public interest in the communication or access in relation to public health or public safety outweighs in importance any financial loss or prejudice to the competitive position of any person or any harm to the privacy interests, reputation or human dignity of any individual likely to be caused by that communication or access; or

(b) the communication or access is necessary for the purpose of the administration or enforcement of this Act or any other Act of Parliament or of giving effect to the Agreement.

Compelled production

(3) Despite any other Act or law, a person is not to be compelled to give or produce evidence relating to information or a document that has been provided under this Act or the Agreement and that is subject to a claim that it is confidential, unless the proceeding in which the evidence is sought to be compelled relates to the enforcement of this Act or another Act of Parliament.

Goods and data

9 Despite any other Act or law, any person who receives goods or data referred to in Article 19.4 of the Agreement must, upon completion of the activities to which they relate, destroy or return them in accordance with the instructions of the party that provided them.

Compliance order

10 (1) If the Minister believes on reasonable grounds that a person who has received information or documents under the Agreement is contravening, or is likely to contravene, section 8 or 9, the Minister may, by order, require the person to return the information or the documents in question to the person who provided them or to dispose of them in the manner the Minister deems appropriate in the circumstances.

Order

(2) Every person to whom an order under subsection (1) is directed must return the information or documents, or dispose of them, in the time and manner specified in the order.

Non-application of Statutory Instruments Act

(3) The Statutory Instruments Act does not apply to an order issued under subsection (1).

Interpretation

11 For the purposes of sections 7, 8 and 10, information and documents are deemed to include goods or data referred to in Article 19.4 of the Agreement.

Regulations

12 The Governor in Council may make regulations that the Governor in Council considers necessary for carrying out the purposes of this Act or giving effect to the Agreement, including the code of conduct, memorandums of understanding and other implementing arrangements that the Agreement refers to.

Related Amendments

R.S., c. C-46

Criminal Code

295 Paragraph 2.3(1)(a) of the Criminal Code is replaced by the following:

(a) proceedings in relation to an offence under subsection 7(2.01), (2.3), (2.31), (2.35) or (2.36) or section 57, 58, 83.12, 103, 104, 121.1, 380, 382, 382.1, 391, 400, 424.1, 431.1, 467.11 or 467.111 or in relation to any terrorism offence;

296 (1) Subsections 7(2.3) and (2.31) of the French version of the Act are replaced by the following:

Station spatiale : membres d’équipage canadiens

(2.3) Malgré les autres dispositions de la présente loi ou de toute autre loi, le membre d’équipage canadien qui est l’auteur, hors du Canada et au cours d’un vol spatial soit à bord d’un élément de vol de la station spatiale ou relativement à tel élément, soit à bord d’un moyen de transport effectuant la navette avec la station, d’un fait — acte ou omission — qui, s’il était commis au Canada, constituerait un acte criminel, est réputé avoir commis ce fait au Canada.

Station spatiale : membres d’équipage d’un État partenaire

(2.31) Malgré les autres dispositions de la présente loi ou de toute autre loi, le membre d’équipage d’un État partenaire qui est l’auteur, hors du Canada et au cours d’un vol spatial soit à bord d’un élément de vol de la station spatiale ou relativement à tel élément, soit à bord d’un moyen de transport spatial effectuant la navette avec la station, d’un fait — acte ou omission — qui, s’il était commis au Canada, constituerait un acte criminel, est réputé avoir commis ce fait au Canada dans les cas suivants :

a) le fait porte atteinte à la vie ou à la sécurité d’un membre d’équipage canadien;

b) le fait est commis à bord d’un élément de vol fourni par le Canada, ou relativement à tel élément, ou l’endommage.

(2) Paragraph (b) of the definition crew member of a Partner State in subsection 7(2.34) of the Act is replaced by the following:

(b) a citizen of a state, other than Canada or a Partner State, who is authorized by a Partner State to act as a crew member for a space flight on, or in relation to, a flight element. (membre d’équipage d’un État partenaire)

(3) The definition Space Station in subsection 7(2.34) of the Act is replaced by the following:

Space Station means the civil international Space Station that is a multi-use facility in low-earth orbit, with flight elements and dedicated ground elements provided by, or on behalf of, Canada or the Partner States. (station spatiale)

(4) Section 7 of the Act is amended by adding the following after subsection (2.34):

Lunar Gateway — Canadian crew members

(2.35) Despite anything in this Act or any other Act, a Canadian crew member who, during a space flight, commits an act or omission outside Canada that if committed in Canada would constitute an indictable offence is deemed to have committed that act or omission in Canada, if that act or omission is committed

(a) on, or in relation to, a flight element of the Lunar Gateway;

(b) on any means of transportation to or from the Lunar Gateway; or

Lunar Gateway — crew members of Partner States

(2.36) Despite anything in this Act or any other Act, a crew member of a Partner State who commits an act or omission outside Canada during a space flight on, or in relation to, a flight element of the Lunar Gateway, on any means of transportation to and from the Lunar Gateway or on the surface of the Moon that if committed in Canada would constitute an indictable offence is deemed to have committed that act or omission in Canada, if that act or omission

(a) threatens the life or security of a Canadian crew member; or

(b) is committed on or in relation to, or damages, a flight element provided by Canada.

Consent of Attorney General of Canada

(2.37) No proceedings in relation to an offence referred to in subsection (2.35) or (2.36) may be instituted without the consent of the Attorney General of Canada.

Definitions

(2.38) The definitions in this subsection apply in this subsection and in subsections (2.35) and (2.36).

Agreement has the same meaning as in section 2 of the Civil Lunar Gateway Agreement Implementation Act. (Accord)

Canadian crew member means a crew member of the Lunar Gateway who is

(a) a Canadian citizen; or

(b) a citizen of a foreign state, other than a Partner State, who is authorized by Canada to act as a crew member for a space flight on, or in relation to, a flight element. (membre d’équipage canadien)

crew member of a Partner State means a crew member of the Lunar Gateway who is

(a) a citizen of a Partner State; or

flight element means a Lunar Gateway element provided by Canada or by a Partner State under the Agreement and under any memorandum of understanding or implementing arrangement entered into to carry out the Agreement. (élément de vol)

Lunar Gateway means the civil Lunar Gateway that is a multi-use facility in orbit around the Moon, with flight elements and dedicated ground elements provided by, or on behalf of, Canada or the Partner States. (station lunaire Gateway)

Partner State means a State, other than Canada, that is a Gateway Partner as defined in Article 3.1 of the Agreement. (État partenaire)

space flight means a flight that spans the period beginning with the launching of a crew member of the Lunar Gateway, continuing during their stay in orbit around or on the surface of the Moon and ending with their landing on earth. (vol spatial)

R.S., c. G-5

Government Employees Compensation Act

297 Subsection 9.1(3) of the Government Employees Compensation Act is replaced by the following:

Subrogation

(3) If the employee or their dependants elect to claim compensation under this Act, the employer shall be subrogated to the rights of the employee or their dependants and may, subject to the Agreements implemented by the Civil International Space Station Agreement Implementation Act and the Civil Lunar Gateway Agreement Implementation Act, maintain an action, against the third party, in its own name or in the name of the employee or their dependants.

Coming into Force

Order in council

298 This Division comes into force on a day to be fixed by order of the Governor in Council.

DIVISION 19

1992, c. 20

Corrections and Conditional Release Act

Amendments to the Act

299 Section 51 of the Corrections and Conditional Release Act is replaced by the following:

Detention in dry cell

51 (1) If the institutional head is satisfied that there are reasonable grounds to believe that an inmate has ingested contraband or is carrying contraband in their rectum, the institutional head may authorize in writing the detention of the inmate in a cell without plumbing fixtures on the expectation that the contraband will be expelled.

Visits by registered health care professional

(2) An inmate detained under subsection (1) must be visited at least once every day by a registered health care professional.

Use of X-ray

(3) If the institutional head is satisfied that there are reasonable grounds to believe that an inmate has ingested contraband or is carrying contraband in a body cavity, the institutional head may authorize in writing the use of an X-ray machine by a qualified X-ray technician to find the contraband, if the consent of the inmate and of a qualified medical practitioner is obtained.

300 Subsection 65(1) of the Act is replaced by the following:

Power to seize

65 (1) A staff member may seize contraband, or evidence relating to a disciplinary or criminal offence, found in the course of a search conducted under sections 47 to 64, except a body cavity search or a search described in subsection 51(3).

Coordinating Amendments

2019, c. 27

301 (1) In this section, other Act means An Act to amend the Corrections and Conditional Release Act and another Act, chapter 27 of the Statutes of Canada, 2019.

(2) On the first day on which both section 16 of the other Act and section 299 of this Act are in force, section 51 of the Corrections and Conditional Release Act is replaced by the following:

Detention in dry cell

51 (1) If the institutional head is satisfied that there are reasonable grounds to believe that an inmate has ingested contraband or is carrying contraband in their rectum, the institutional head may authorize in writing the detention of the inmate in a cell without plumbing fixtures, on the expectation that the contraband will be expelled.

Visits by registered health care professional

(2) The inmate must be visited at least once every day by a registered health care professional.

(3) If section 22 of the other Act comes into force before section 300 of this Act, then that section 300 is deemed never to have come into force and is repealed.

(4) If section 22 of the other Act comes into force on the same day as section 300 of this Act, then that section 300 is deemed to have come into force before that section 22.

DIVISION 20

R.S., c. 1 (2nd Supp.)

Customs Act

Amendments to the Act

302 (1) The definition réglementaire in subsection 2(1) of the French version of the Customs Act is replaced by the following:

réglementaire Prévu par règlement ou déterminé en conformité avec les règles prévues par règlement. (French version only)

(2) Paragraph (c) of the definition prescribed in subsection 2(1) of the English version of the Act is replaced by the following:

and for the purposes of paragraphs (a) and (b), form is not limited to a single record or document with blank spaces to be filled out; (Version anglaise seulement)

303 Section 3.5 of the Act and the heading before it are replaced by the following:

Payments

3.5 Except in the circumstances that the Minister may specify, every person who makes a payment under this Act shall make the payment to the account of the Receiver General in the prescribed manner, within the prescribed time and at the prescribed place.

304 Section 8.1 of the Act and the heading before it are replaced by the following:

Electronic Administration and Enforcement

Electronic administration and enforcement

8.1 (1) This Act may be administered and enforced using electronic means. Any person on whom powers, duties or functions are conferred under this Act may exercise any of those powers or perform any of those duties or functions using the electronic means made available or specified by the Minister.

Authorization

(2) Any person who has been authorized to exercise any power or perform any duty or function conferred on a person referred to in subsection (1) under this Act may do so using the electronic means that are made available or specified by the Minister.

Provision of information

8.2 For the purposes of sections 8.3 to 8.6, providing information includes providing a signature and serving, filing or otherwise providing a record or document.

Conditions for electronic version

8.3 A requirement under this Act to provide information or security — in any form or manner or by any means — is satisfied by providing the electronic version of the information or security if

(a) the electronic version is provided by the electronic means, including an electronic system, that are made available or specified by the Minister, if any; and

(b) any prescribed requirements with respect to electronic communications or electronic means have been met.

Deemed timing of receipt

8.4 Any information or security provided by electronic means, including an electronic system, in accordance with section 8.1 or 8.3, is deemed to be received

(a) if the regulations provide for a day, on that day;

(b) if the regulations provide for a day and time, on that day and at that time; or

(c) if the regulations do not provide for a day or a day and a time, on the day and at the time that the information or security is sent.

For greater certainty

8.5 For greater certainty, by virtue of section 12 of the Customs Tariff, sections 8.1 to 8.4 apply, with any modifications that the circumstances require, to the administration and enforcement of that Act and regulations made under it.

Regulations

8.6 (1) The Governor in Council may, on the recommendation of the Minister, make regulations in respect of electronic communications and electronic means, including electronic systems, or any other technology to be used in the administration or enforcement of this Act or the Customs Tariff, including regulations respecting

(a) the provision of information or security for any purpose under this Act or the Customs Tariff in electronic or other form;

(b) the payment of amounts under this Act or the Customs Tariff by electronic instructions; and

(c) the manner in which and the extent to which any provision of this Act, the Customs Tariff or their regulations applies to the electronic communications or electronic means, including electronic systems, and adapting any such provision for the purpose of applying it.

Classes

(2) Regulations made for the purpose of section 8.3 may establish classes and distinguish among those classes.

305 Subsection 12(6) of the English version of the Act is replaced by the following:

Written report

(6) If goods are required by the regulations to be reported under subsection (1) in writing, they shall be reported in the prescribed form with the prescribed information or in such form and with such information as is satisfactory to the Minister.

306 (1) Subsection 12.1(3) of the French version of the Act is replaced by the following:

Code de transporteur — exigences

(3) La demande de code de transporteur est présentée en la forme et avec les renseignements déterminés par le ministre.

(2) Subsection 12.1(4) of the Act is replaced by the following:

Carrier code — issuance

(4) The Minister shall issue a carrier code to a person who applies for it if the application meets the requirements referred to in subsection (3) and the Minister is satisfied that the requirements and conditions prescribed under paragraph (8)(e) for the carrier code to be issued have been met.

307 Subsection 17(3) of the Act is replaced by the following:

Liability

(3) Whenever the importer of the goods that have been released or any person authorized under paragraph 32(6)(a) or subsection 32(7) to account for goods becomes liable under this Act to pay duties on those goods, the owner of the goods at the time of release and the importer of record become jointly and severally, or solidarily, liable, with the importer or person authorized, to pay the duties.

Definition of importer of record

(4) In this section, importer of record means the person identified as the importer when goods are accounted for under subsection 32(1), (2), (3) or (5).

308 The portion of subsection 19(2) of the French version of the Act before paragraph (a) is replaced by the following:

Destination des marchandises documentées

(2) Sous réserve de l’article 20, si les marchandises déclarées conformément à l’article 12 ont été mentionnées sur un formulaire déterminé par le ministre, à un bureau de douane doté des attributions prévues à cet effet, toute personne qui y est autorisée par l’agent ou selon les modalités réglementaires peut :

309 Subsection 19.1(2) of the Act is replaced by the following:

Prescribed form

(2) The statistical code referred to in subsection (1) shall be furnished in the prescribed form and manner of filing with the prescribed information.

310 (1) Paragraph 32(1)(a) of the English version of the Act is replaced by the following:

(a) they have been accounted for by the importer or owner of the goods in the prescribed manner and, if they are to be accounted for in writing, in the prescribed form with the prescribed information; and

(2) Paragraph 32(2)(a) of the Act is replaced by the following:

(a) the importer or owner of the goods makes an interim accounting in the prescribed manner and in the prescribed form with the prescribed information or in the form and with the information that is satisfactory to the Minister; or

311 Subsection 32.1(2) of the Act is replaced by the following:

Prescribed form

(2) The statistical code referred to in subsection (1) shall be furnished in the prescribed form and manner of filing with the prescribed information.

312 (1) Paragraph 32.2(1)(a) of the Act is replaced by the following:

(a) make a correction to the declaration of origin in the prescribed manner and in the prescribed form with the prescribed information; and

(2) Paragraph 32.2(2)(a) of the French version of the Act is replaced by the following:

a) de corriger la déclaration selon les modalités réglementaires et en la forme et avec les renseignements déterminés par le ministre;

313 Paragraph 32.3(b) of the Act is replaced by the following:

(b) account for the goods in the prescribed manner and in the prescribed form with the prescribed information; and

314 The portion of subsection 35.02(2) of the English version of the Act before paragraph (a) is replaced by the following:

Notice requiring marking or compliance

(2) The Minister or any officer designated by the President for the purposes of this section may, by notice served personally or by registered or certified mail, require any person

315 (1) Subsection 35.1(1) of the English version of the Act is replaced by the following:

Proof of origin

35.1 (1) Subject to any regulations made under subsection (4), proof of origin, in the prescribed form with the prescribed information and with the information, statements or proof required by any regulations made under subsection (4), shall be furnished in respect of all goods that are imported.

(2) Subsection 35.1(3.1) of the English version of the Act is replaced by the following:

Certificate of origin completed by importer

(3.1) If an importer of goods for which preferential tariff treatment under the CPTPP or CUSMA will be claimed is the person who certifies that the goods meet the rules of origin set out in, or contemplated by, the CPTPP or CUSMA, the importer shall do so in writing, in the prescribed form with the prescribed information, and on the basis of supporting documents that the importer has or supporting documents that are provided by the exporter or producer.

(3) Paragraph 35.1(4)(b) of the Act is replaced by the following:

(b) specifying, for the purpose of subsection (1), the information, statements or proof required in addition to the prescribed information; and

316 The portion of subsection 43.1(1) of the Act before paragraph (a) is replaced by the following:

Advance rulings

43.1 (1) Any officer, or any officer within a class of officers, designated by the President for the purposes of this section shall, before goods are imported, on application by any member of a prescribed class that is made within the prescribed time, in the prescribed form and manner of filing with the prescribed information, give an advance ruling with respect to

317 Subsection 58(2) of the French version of the Act is replaced by the following:

Détermination présumée

(2) Pour l’application de la présente loi, l’origine, le classement tarifaire et la valeur en douane des marchandises importées qui n’ont pas été déterminés conformément au paragraphe (1) sont considérés comme ayant été déterminés selon les énonciations portées par l’auteur de la déclaration en détail en la forme prévue sous le régime de l’alinéa 32(1)a). Cette détermination est réputée avoir été faite au moment de la déclaration en détail faite en vertu des paragraphes 32(1), (3) ou (5).

318 Subsection 60(3) of the Act is replaced by the following:

How request to be made

(3) A request under this section must be made to the President in the prescribed form and manner of filing with the prescribed information.

319 Subsection 60.1(3) of the Act is replaced by the following:

How application made

(3) The application must be made to the President in the prescribed form and manner of filing with the prescribed information.

320 The portion of paragraph 74(3)(b) of the Act before subparagraph (i) is replaced by the following:

(b) an application for the refund, including such evidence in support of the application as may be prescribed, is made to an officer in the prescribed manner and in the prescribed form with the prescribed information within

321 Subsection 95(4) of the Act is replaced by the following:

Written report

(4) If goods are required to be reported in writing, they shall be reported in the prescribed form with the prescribed information or in such form and with such information as is satisfactory to the Minister.

322 Subsection 95.1(2) of the Act is replaced by the following:

Prescribed form

(2) The statistical code referred to in subsection (1) shall be furnished in the prescribed form and manner of filing with the prescribed information.

323 (1) Subsection 97.1(1) of the English version of the Act is replaced by the following:

Certificate of Origin of goods exported to free trade partner

97.1 (1) Every exporter of goods to a free trade partner for which preferential tariff treatment under a free trade agreement will be claimed in accordance with the laws of that free trade partner shall certify in writing, in the prescribed manner and in the prescribed form with the prescribed information, that goods exported or to be exported from Canada to that free trade partner meet the rules of origin set out in, or contemplated by, the applicable free trade agreement and, if the exporter is not the producer of the goods, the certificate shall be completed and signed by the exporter on the basis of the prescribed criteria.

(2) The portion of subsection 97.1(1.1) of the English version of the Act before paragraph (a) is replaced by the following:

Certificate of Origin — CPTPP or CUSMA

(1.1) If an exporter or producer of goods that are exported to a CPTPP country or CUSMA country and for which preferential tariff treatment under the CPTPP or CUSMA will be claimed in accordance with the laws of that country is the person who certifies that the goods meet the rules of origin set out in, or contemplated by, the CPTPP or CUSMA, the exporter or producer shall do so in writing, in the prescribed form with the prescribed information, and

324 Paragraph 97.211(1)(a) of the Act is replaced by the following:

(a) the powers provided for in paragraphs (a) and (b) of the definition prescribed in subsection 2(1) as well as those provided for in subsections 3.3(1) and (2), sections 8.1 and 8.3 and subsections 43(1) and 115(1); and

325 Paragraph 97.34(4)(a) of the Act is replaced by the following:

(a) the decision of the Canadian International Trade Tribunal or Federal Court in that action has been received by the Minister of Public Safety and Emergency Preparedness;

326 Subsection 97.47(3) of the French version of the Act is replaced by the following:

Garantie pour opposition ou appel

(3) Dans le cas où une personne fait opposition à une cotisation ou en interjette appel en vertu de la présente partie, le ministre accepte la garantie, dont il juge satisfaisants le montant et la forme, qui lui est donnée par cette personne ou en son nom pour le paiement d’une somme en litige.

327 (1) Subsection 97.48(1) of the English version of the Act is replaced by the following:

Objection to assessment

97.48 (1) Any person who has been assessed under section 97.44 and who objects to the assessment may, within 90 days after the day the notice of the assessment is sent to the person, file with the Minister a notice of objection in the prescribed form and manner of filing setting out the reasons for the objection and all relevant facts.

(2) Subsection 97.48(7) of the French version of the Act is replaced by the following:

Acceptation de l’opposition

(7) Le ministre peut accepter l’avis d’opposition qui n’a pas été produit selon les modalités qu’il a déterminées.

(3) Subsection 97.48(10) of the Act is replaced by the following:

Notice of decision

(10) After reconsidering or confirming an assessment, the Minister must send to the person objecting a written notice of the Minister’s decision by registered or certified mail.

328 Section 150 of the Act is replaced by the following:

Copies of documents

150 Copies of documents, including electronic documents, made under this or any other Act of Parliament prohibiting, controlling or regulating the importation or exportation of goods, that are duly certified by an officer are admissible in evidence in any proceeding taken under this Act in the same manner as if they were the originals of such documents.

329 Section 164 of the Act is amended by adding the following after subsection (2):

Regulations under paragraph (1)(i) — section 3.5

(3) The regulations made under paragraph (1)(i) for the purposes of section 3.5 may distinguish among sums according to their amount and the class of goods to which those sums relate.

330 (1) Paragraphs 166(1)(a) and (b) of the Act are replaced by the following:

(a) prescribing the amount or authorizing the Minister to determine the amount of any deposit, bond or other security required to be given under this Act or the regulations; and

(b) prescribing the nature and the terms and conditions of any such deposit, bond or other security.

(2) Subsection 166(2) of the Act is replaced by the following:

Forms

(2) Any deposit, bond or other security required under this Act shall be in a form satisfactory to the Minister.

Coming into Force

Order in council

331 Sections 302 to 330 come into force on a day or days to be fixed by order of the Governor in Council.

DIVISION 21

R.S., c. C-46

Criminal Code

332 (1) Section 319 of the Criminal Code is amended by adding the following after subsection (2):

Wilful promotion of antisemitism

(2.1) Everyone who, by communicating statements, other than in private conversation, wilfully promotes antisemitism by condoning, denying or downplaying the Holocaust

(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years; or

(b) is guilty of an offence punishable on summary conviction.

(2) Subsections 319(4) to (6) of the Act are replaced by the following:

Defences — subsection (2.1)

(3.1) No person shall be convicted of an offence under subsection (2.1)

(a) if they establish that the statements communicated were true;

(b) if, in good faith, they expressed or attempted to establish by an argument an opinion on a religious subject or an opinion based on a belief in a religious text;

(c) if the statements were relevant to any subject of public interest, the discussion of which was for the public benefit, and if on reasonable grounds they believed them to be true; or

(d) if, in good faith, they intended to point out, for the purpose of removal, matters producing or tending to produce feelings of antisemitism toward Jews.

Forfeiture

(4) If a person is convicted of an offence under subsection (1), (2) or (2.1) or section 318, anything by means of or in relation to which the offence was committed, on such conviction, may, in addition to any other punishment imposed, be ordered by the presiding provincial court judge or judge to be forfeited to Her Majesty in right of the province in which that person is convicted, for disposal as the Attorney General may direct.

Exemption from seizure of communication facilities

(5) Subsections 199(6) and (7) apply, with any modifications that the circumstances require, to subsection (1), (2) or (2.1) or section 318.

Consent

(6) No proceeding for an offence under subsection (2) or (2.1) shall be instituted without the consent of the Attorney General.

(3) Subsection 319(7) of the Act is amended by adding the following in alphabetical order:

Holocaust means the planned and deliberate state-sponsored persecution and annihilation of European Jewry by the Nazis and their collaborators from 1933 to 1945; (Holocauste)

DIVISION 22

Judges and Prothonotaries

R.S., c. J-1

Judges Act

333 (1) The definitions age of retirement and survivor in section 2 of the Judges Act are replaced by the following:

age of retirement of a judge or of a prothonotary means the age, fixed by law, at which the judge or prothonotary ceases to hold office; (mise à la retraite d’office)

survivor, in relation to a judge or to a prothonotary, means a person who was married to the judge or prothonotary at the time of the judge’s or prothonotary’s death or who establishes that he or she was cohabiting with the judge or prothonotary in a conjugal relationship at the time of the judge’s or prothonotary’s death and had so cohabited for a period of at least one year. (survivant)

(2) Section 2 of the Act is amended by adding the following in alphabetical order:

prothonotary means a prothonotary of the Federal Court or a prothonotary of the Tax Court of Canada and includes a supernumerary prothonotary; (protonotaire)

(3) The definition prothonotary in section 2 of the Act is repealed.

(4) Section 2 of the Act is amended by adding the following in alphabetical order:

associate judge means an associate judge of the Federal Court or an associate judge of the Tax Court of Canada and includes a supernumerary associate judge; (juge adjoint)

334 Section 2.1 of the Act is replaced by the following:

Application to prothonotaries

2.1 (1) Subject to subsection (2), sections 26 to 26.3, 34 and 39, paragraphs 40(1)(a) and (b), subsection 40(2), sections 41, 41.2 to 42, 43.1 to 56 and 57, paragraph 60(2)(b), subsections 63(1) and (2) and sections 64 to 66 also apply to a prothonotary.

Prothonotary who made election

(2) Sections 41.2, 41.3, 42 and 43.1 to 52.22 do not apply to a prothonotary who made an election under the Economic Action Plan 2014 Act, No. 2 to continue to be deemed to be employed in the public service for the purposes of the Public Service Superannuation Act.

335 The heading of Part I of the Act is replaced by the following:

Judges and Prothonotaries

336 Paragraphs 9(a) and (b) of the Act are replaced by the following:

(a) the Chief Justice of Canada, $435,600; and

(b) the eight puisne judges, $403,300 each.

337 Paragraphs 10(a) to (d) of the Act are replaced by the following:

(a) the Chief Justice of the Federal Court of Appeal, $371,400;

(b) the other judges of the Federal Court of Appeal, $338,800 each;

(d) the other judges of the Federal Court, $338,800 each.

338 Section 10.2 of the Act is replaced by the following:

Court Martial Appeal Court

10.2 The yearly salary of the Chief Justice of the Court Martial Appeal Court of Canada shall be $371,400.

339 Paragraphs 11(a) to (c) of the Act are replaced by the following:

(a) the Chief Justice, $371,400;

(b) the Associate Chief Justice, $371,400; and

340 The Act is amended by adding the following after section 11:

Tax Court of Canada prothonotaries

11.1 The yearly salaries of the prothonotaries of the Tax Court of Canada shall be 80% of the yearly salaries, calculated in accordance with section 25, of the judges referred to in paragraph 11(c).

341 Paragraphs 12(a) to (d) of the Act are replaced by the following:

(a) the Chief Justice and the Associate Chief Justice of Ontario, $371,400 each;

(b) the 14 Justices of Appeal, $338,800 each;

(d) the 212 other judges of the Superior Court of Justice, $338,800 each.

342 Paragraphs 13(a) to (d) of the Act are replaced by the following:

(a) the Chief Justice of Quebec, $371,400;

(b) the 19 puisne judges of the Court of Appeal, $338,800 each;

(c) the Chief Justice, the Senior Associate Chief Justice and the Associate Chief Justice of the Superior Court, $371,400 each; and

(d) the 144 puisne judges of the Superior Court, $338,800 each.

343 Paragraphs 14(a) to (d) of the Act are replaced by the following:

(a) the Chief Justice of Nova Scotia, $371,400;

(b) the seven other judges of the Court of Appeal, $338,800 each;

(d) the 23 other judges of the Supreme Court, $338,800 each.

344 Paragraphs 15(a) to (d) of the Act are replaced by the following:

(a) the Chief Justice of New Brunswick, $371,400;

(b) the five other judges of the Court of Appeal, $338,800 each;

(d) the 20 other judges of the Court of Queen’s Bench, $338,800 each.

345 Paragraphs 16(a) to (d) of the Act are replaced by the following:

(a) the Chief Justice of Manitoba, $371,400;

(b) the six Judges of Appeal, $338,800 each;

(c) the Chief Justice, the Senior Associate Chief Justice and the Associate Chief Justice of the Court of Queen’s Bench, $371,400 each; and

(d) the 31 puisne judges of the Court of Queen’s Bench, $338,800 each.

346 Paragraphs 17(a) to (d) of the Act are replaced by the following:

(a) the Chief Justice of British Columbia, $371,400;

(b) the 12 Justices of Appeal, $338,800 each;

(d) the 86 other judges of the Supreme Court, $338,800 each.

347 Paragraphs 18(a) to (d) of the Act are replaced by the following:

(a) the Chief Justice of Prince Edward Island, $371,400;

(b) the two other judges of the Court of Appeal, $338,800 each;

(d) the three other judges of the Supreme Court, $338,800 each.

348 Paragraphs 19(a) to (d) of the Act are replaced by the following:

(a) the Chief Justice of Saskatchewan, $371,400;

(b) the seven Judges of Appeal, $338,800 each;

(d) the 33 other judges of the Court of Queen’s Bench, $338,800 each.

349 Paragraphs 20(a) to (d) of the Act are replaced by the following:

(a) the Chief Justice of Alberta, $371,400;

(b) the 10 Justices of Appeal, $338,800 each;

(d) the 70 other Justices of the Court of Queen’s Bench, $338,800 each.

350 Paragraphs 21(a) to (d) of the Act are replaced by the following:

(a) the Chief Justice of Newfoundland and Labrador, $371,400;

(b) the five Judges of Appeal, $338,800 each;

(d) the 18 other judges of the Trial Division, $338,800 each.

351 (1) Paragraphs 22(1)(a) and (b) of the Act are replaced by the following:

(a) the Chief Justice, $371,400; and

(b) the two other judges, $338,800 each.

(2) Paragraphs 22(2)(a) and (b) of the Act are replaced by the following:

(a) the Chief Justice, $371,400; and

(b) the two other judges, $338,800 each.

(3) Paragraphs 22(2.1)(a) and (b) of the Act are replaced by the following:

(a) the Chief Justice, $371,400; and

(b) the five other judges, $338,800 each.

352 (1) Subsection 25(1) of the Act is replaced by the following:

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, 2020.

(2) The portion of subsection 25(2) of the Act before paragraph (a) is replaced by the following:

Annual adjustment of salary

(2) The salary annexed to an office of judge referred to in sections 9, 10, 10.2, 11 and 12 to 22 for the twelve-month period beginning on April 1, 2021, and for each subsequent twelve-month period, shall be the amount obtained by multiplying

353 Section 26.11 of the Act is replaced by the following:

Definition of judiciary

26.11 In sections 26 and 26.1, judiciary includes prothonotaries.

354 Subsections 26.4(1) and (2) of the Act are replaced by the following:

Costs payable to representative of prothonotaries

26.4 (1) The Commission may identify one representative of the prothonotaries of the Federal Court and one representative of the prothonotaries of the Tax Court of Canada participating in an inquiry of the Commission to whom costs shall be paid in accordance with this section.

Entitlement to payment of costs

(2) The representatives identified under subsection (1) are entitled to be paid, out of the Consolidated Revenue Fund, 95% of the costs determined under subsection (3) in respect of their participation.

355 The heading before section 27 of the English version of the Act is replaced by the following:

Special and Representational Allowances

356 (1) Subsections 27(1) and (1.1) of the Act are replaced by the following:

Allowance for incidental expenditures actually incurred

27 (1) On and after April 1, 2020, every judge in receipt of a salary under this Act is entitled to be paid, up to a maximum of $7,500 for each year, for reasonable incidental expenditures that the fit and proper execution of the office of judge may require, to the extent that the judge has actually incurred the expenditures and is not entitled to be reimbursed for them under any other provision of this Act.

Allowance for incidental expenditures by prothonotaries

(1.1) On and after April 1, 2020, every prothonotary is entitled to be paid, up to a maximum of $7,500 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) Section 27 of the Act is amended by adding the following after subsection (2):

Allowance — medical or dental treatment

(2.1) If a judge referred to in subsection (2) is required to travel for the purpose of receiving a non-elective medical or dental treatment that is required without delay and unavailable at or in the immediate vicinity of the place where the judge resides, the judge is entitled to be paid an allowance for reasonable expenses actually incurred while travelling for that purpose, to the extent that the judge may not be reimbursed for them under any other provision of this Act.

(3) Subsection 27(6) of the Act is replaced by the following:

Representational allowance

(6) On and after April 1, 2020, each of the following judges is entitled to be paid, as a representational allowance, reasonable travel and other expenses actually incurred by the judge or the spouse or common-law partner of the judge in discharging the special extra-judicial obligations and responsibilities that devolve on the judge, to the extent that those expenses may not be reimbursed under any other provision of this Act and their aggregate amount does not exceed in any year the maximum amount indicated below in respect of the judge:

(a) the Chief Justice of Canada, $25,000;

(b) each puisne judge of the Supreme Court of Canada, $15,000;

(c) the Chief Justice of the Federal Court of Appeal and each chief justice described in sections 12 to 21 as the chief justice of a province, $17,500;

(d) each other chief justice referred to in sections 10 to 21, $15,000;

(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, $15,000 each;

(f) the Chief Justice of the Court Martial Appeal Court of Canada, $15,000; and

(g) the Senior Judge of the Family Court, and each regional senior judge, of the Superior Court of Justice in and for the Province of Ontario, $7,500.

357 The heading before section 28 of the Act is replaced by the following:

Supernumerary Judges and Prothonotaries

358 The Act is amended by adding the following after section 29:

Supernumerary prothonotaries

30 (1) If a prothonotary notifies the Minister of Justice of Canada of his or her election to give up regular judicial duties and hold office only as a supernumerary prothonotary, the prothonotary shall hold the office of supernumerary prothonotary from the time notice is given until he or she reaches the age of retirement, resigns or is removed from or otherwise ceases to hold office, or until the end of five years from the date of the election, whichever occurs earlier, and shall be paid the salary annexed to that office.

Restriction on election

(2) An election may be made under subsection (1) only by a prothonotary

(a) who has continued in judicial office for at least 15 years and whose combined age and number of years in judicial office is not less than 80; or

(b) who has attained the age of 70 years and has continued in judicial office for at least 10 years.

Duties of prothonotary

(3) A prothonotary who has made the election referred to in subsection (1) shall hold himself or herself available to perform such special judicial duties as may be assigned to the prothonotary by the chief justice or the associate chief justice of the court to which he or she is appointed.

Salary of supernumerary prothonotary

(4) The salary of each supernumerary prothonotary is the salary annexed to the office of a prothonotary.

Deemed election and notice

(5) For the purposes of subsection (1), if a prothonotary gives notice to the Minister of Justice of Canada of the prothonotary’s election to be effective on a future day specified in the notice, being a day on which the prothonotary will be eligible to make the election, the prothonotary is, effective on that day, deemed to have elected and given notice of the election on that day.

359 Subsection 42(4) of the Act is replaced by the following:

Definition of judicial office

(4) In this section, judicial office means the office of a judge of a superior or county court or the office of a prothonotary.

360 The definition judicial office in subsection 43.1(6) of the Act is replaced by the following:

judicial office includes the office of a prothonotary. (magistrature)

361 Subsection 50(5) of the Act is replaced by the following:

Definition of judicial office

(5) In this section, judicial office includes the office of a prothonotary.

362 Paragraph 69(1)(a) of the Act is replaced by the following:

(a) a judge of a superior court or a prothonotary, or

363 Section 71 of the Act is replaced by the following:

Powers, rights or duties not affected

71 Nothing in, or done or omitted to be done under the authority of, any of sections 63 to 70 affects any power, right or duty of the House of Commons, the Senate or the Governor in Council in relation to the removal from office of a judge, a prothonotary or any other person in relation to whom an inquiry may be conducted under any of those sections.

R.S., c. F-7; 2002, c. 8, s. 14

Federal Courts Act

364 The definition federal board, commission or other tribunal in subsection 2(1) of the Federal Courts Act is replaced by the following:

federal board, commission or other tribunal means any body, person or persons having, exercising or purporting to exercise jurisdiction or powers conferred by or under an Act of Parliament or by or under an order made under a prerogative of the Crown, other than the Tax Court of Canada or any of its judges or prothonotaries, any such body constituted or established by or under a law of a province or any such person or persons appointed under or in accordance with a law of a province or under section 96 of the Constitution Act, 1867; (office fédéral)

365 Subsection 5(1) of the Act is replaced by the following:

Constitution of Federal Court of Appeal

5 (1) The Federal Court of Appeal consists of a chief justice called the Chief Justice of the Federal Court of Appeal, who is the president of the Federal Court of Appeal, and 14 other judges.

366 (1) Section 12 of the Act is amended by adding the following after subsection (1):

Number of prothonotaries

(2) The Governor in Council may, by regulation, fix the number of prothonotaries that may be appointed under subsection (1).

Supernumerary prothonotaries

(2.1) For each office of prothonotary of the Federal Court, there is an additional office of supernumerary prothonotary that a prothonotary of the Federal Court may elect under the Judges Act to hold.

(2) Section 12 of the Act is amended by adding the following after subsection (4):

Workload — supernumerary prothonotaries

(5) The Governor in Council may, by regulation, fix the workload of a supernumerary prothonotary as a percentage of the workload of a prothonotary.

R.S., c. T-2

Tax Court of Canada Act

367 Paragraph 4(1)(c) of the Tax Court of Canada Act is replaced by the following:

368 The Act is amended by adding the following after section 11:

Prothonotaries

11.1 (1) The Governor in Council may appoint as prothonotaries of the Court any fit and proper persons who are barristers or advocates in a province and who are, in the opinion of the Governor in Council, necessary for the efficient performance of the work of that court that, under the rules of the Court, is to be performed by them.

Number of prothonotaries

(2) The Governor in Council may, by regulation, fix the number of prothonotaries that may be appointed under subsection (1).

Supernumerary prothonotaries

(3) For each office of prothonotary there shall be the additional office of supernumerary prothonotary that a prothonotary of the Court may elect under the Judges Act to hold.

Powers and duties

(4) The powers, duties and functions of the prothonotaries shall be determined by the rules of the Court.

Salary, allowances and annuities

(5) Each prothonotary shall be paid a salary, and the allowances and annuities, provided for under the Judges Act.

Workload — supernumerary prothonotaries

(6) The Governor in Council may, by regulation, fix the workload of a supernumerary prothonotary as a percentage of the workload of a prothonotary.

Immunity from liability

(7) A prothonotary shall have the same immunity from liability as a judge of the Court.

Term of office

(8) A prothonotary shall hold office during good behaviour but may be removed by the Governor in Council for cause.

Cessation of office

(9) A prothonotary shall cease to hold office on becoming 75 years old.

369 Subsection 20(1.1) of the Act is amended by striking out “and” at the end of paragraph (k), by adding “and” at the end of paragraph (l) and by adding the following after paragraph (l):

(m) empowering a prothonotary to exercise any jurisdiction or powers, even though the jurisdiction or powers may be of a judicial nature.

370 Paragraph 22(1)(c) of the Act is replaced by the following:

Terminology Changes

Replacement of “prothonotary” and “prothonotaries”

371 Every reference to “prothonotary” and “prothonotaries” is replaced by a reference to “associate judge” and “associate judges”, respectively, in the following provisions:

(a) in the Federal Courts Act,

(i) the definition federal board, commission or other tribunal in subsection 2(1),

(ii) section 12 and the heading before it,

(iii) paragraph 45.1(1)(b), and

(iv) paragraphs 46(1)(h) and (i);

(b) in the Garnishment, Attachment and Pension Diversion Act,

(i) paragraph (a) of the definition salary in section 4, and

(ii) section 5;

(i) the definitions age of retirement and survivor in section 2,

(ii) section 2.1,

(iii) the heading of Part I,

(iv) section 10.1,

(v) section 11.1,

(vi) section 26.11,

(vii) subsection 26.3(3),

(viii) subsections 26.4(1) and (3),

(ix) subsection 27(1.1),

(x) the heading before section 28,

(xi) section 30,

(xii) subsection 42(4),

(xiii) the definition judicial office in subsection 43.1(6),

(xiv) subsection 50(5),

(xv) paragraph 69(1)(a), and

(xvi) section 71;

(d) in the Tax Court of Canada Act,

(i) section 11.1 and the heading before it,

(ii) paragraph 20(1.1)(m), and

(iii) paragraph 22(1)(c); and

(e) subsection 13(4) of the Expenditure Restraint Act.

Transitional Provisions

Prothonotaries

372 For greater certainty, every person who, immediately before the day on which this section comes into force, holds office as prothonotary of the Federal Court, supernumerary prothonotary of the Federal Court, prothonotary of the Tax Court of Canada or supernumerary prothonotary of the Tax Court of Canada continues in office as associate judge of the Federal Court, supernumerary associate judge of the Federal Court, associate judge of the Tax Court of Canada or supernumerary associate judge of the Tax Court of Canada, as the case may be.

Judges Act

373 For greater certainty, for the purposes of the Judges Act, nothing in section 371 of this Act affects the number of years during which a person who held office as prothonotary, as defined in that Act as it read immediately before the day on which this section comes into force, has continued in judicial office.

Tax Court of Canada Act

374 Despite paragraph 22(1)(c) of the Tax Court of Canada Act, the rules committee referred to in that Act may exercise its powers and perform its duties without the designation, as a member of the rules committee, of a person appointed under section 11.1 of that Act until a person is first appointed under that section.

Coordinating Amendments

Bill C-9

375 (1) Subsections (2) to (10) apply if Bill C-9, introduced in the 1st session of the 44th Parliament and entitled An Act to amend the Judges Act (in this section referred to as the “other Act”), receives royal assent.

(2) The reference to “Minister of Justice of Canada” is replaced with “Minister” in section 30 of the Judges Act.

(3) If section 2 of the other Act comes into force before subparagraph 371(c)(ii) of this Act, then subsection 2.1(1) of the Judges Act is replaced by the following:

Application to prothonotaries

2.1 (1) Subject to subsection (2), sections 26 to 26.‍3, 34 and 39, paragraphs 40(1)‍(a) and (b), subsection 40(2), sections 41, 41.‍2 to 42, 43.‍1 to 56 and 57, paragraph 60(2)‍(b) and Part IV also apply to a prothonotary.

(4) If subparagraph 371(c)(ii) of this Act comes into force before section 2 of the other Act, then subsection 2.1(1) of the Judges Act is replaced by the following:

Application to associate judges

(5) If section 2 of the other Act comes into force on the same day as subparagraph 371(c)(ii) of this Act, then that subparagraph 371(c)(ii) is deemed to have come into force before that section 2 and subsection (4) applies as a consequence.

(6) If section 10 of the other Act comes into force before section 362 of this Act, then

(a) that section 362 and section 363 of this Act are deemed never to have come into force and are repealed;

(b) section 79 of the Judges Act is replaced by the following:

Definition of judicial office

79 In this Division, judicial office includes the office of a prothonotary.

(c) paragraph 371(c) of this Act is amended by adding “and” after subparagraph (xiv) and by replacing subparagraphs (xv) and (xvi) with the following:

(xv) section 79;

(7) If section 362 of this Act comes into force before section 10 of the other Act and that section 10 comes into force before subparagraph 371(c)(xv) of this Act, then

(a) section 79 of the Judges Act is replaced by the following:

Definition of judicial office

79 In this Division, judicial office includes the office of a prothonotary.

(b) paragraph 371(c) of this Act is amended by adding “and” after subparagraph (xiv) and by replacing subparagraphs (xv) and (xvi) with the following:

(xv) section 79;

(8) If section 10 of the other Act comes into force on the same day as section 362 of this Act, then that section 10 is deemed to have come into force before that section 362 and subsection (6) applies as a consequence.

(9) If paragraph 371(c) of this Act comes into force before section 12 of the other Act, then section 79 of the Judges Act is replaced by the following:

Definition of judicial office

79 In this Division, judicial office includes the office of an associate judge.

(10) If section 12 of the other Act comes into force on the same day as paragraph 371(c) of this Act, then that paragraph 371(c) is deemed to have come into force before that section 12 and subsection (9) applies as a consequence.

Coming into Force

Order in council

376 Subsections 333(3) and (4) and sections 371 to 373 come into force on a day to be fixed by order of the Governor in Council.

DIVISION 23

2001, c. 27

Immigration and Refugee Protection Act

Amendments to the Act

377 (1) Paragraph 10.3(1)(a) of the French version of the Immigration and Refugee Protection Act is replaced by the following:

a) les catégories auxquelles le paragraphe 10.1(1) s’applique;

(2) Paragraphs 10.3(1)(h) to (j) of the Act are replaced by the following:

(h) the basis on which an eligible foreign national may be ranked;

(h.1) the establishment of groupings of eligible foreign nationals for the purposes of ranking, which groupings may consist of

(i) all eligible foreign nationals,

(ii) eligible foreign nationals who are eligible to be members of a class referred to in an instruction given under paragraph (a), or

(iii) eligible foreign nationals who are eligible to be members of a category established in an instruction given under paragraph (h.2);

(h.2) the establishment of categories for the purposes of ranking and the criteria for eligibility to be a member of a category;

(i) the rank within a grouping that 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);

(j) the number of invitations that may be issued within a specified period in respect of a grouping;

(j.1) the class referred to in an instruction given under paragraph (a) in respect of which an eligible foreign national who is invited to make an application must apply, if the foreign national is eligible to be a member of more than one class;

(3) Subsection 10.3(2) of the Act is replaced by the following:

Category — economic goal

(1.1) If the Minister establishes a category in an instruction given under paragraph (1)(h.2), the Minister shall set out, in the instruction, the economic goal that the Minister seeks to support in establishing the category.

Clarification

(2) For greater certainty, an instruction given under paragraph (1)(j) may provide that the number of invitations that may be issued in any specified period in respect of a grouping be zero.

378 (1) Subsection 11.2(1) of the Act is replaced by the following:

Visa or other document not to be issued

11.2 (1) An officer may not issue a visa or other document in respect of an application for permanent residence to a foreign national who was issued an invitation under Division 0.1 to make that application if — at the time the invitation was issued or at the time the officer received their application — the foreign national

(a) did not meet the criteria set out in an instruction given under paragraph 10.3(1)(e);

(b) did not have the qualifications on the basis of which they were ranked under an instruction given under paragraph 10.3(1)(h) and were issued the invitation; or

(c) did not meet the criteria for membership in a category that was established in an instruction given under paragraph 10.3(1)(h.2), if they were issued an invitation on the basis that they were eligible to be a member of that category.

(2) Paragraph 11.2(2)(a) of the Act is replaced by the following:

(a) the foreign national did not meet the criteria set out in an instruction given under paragraph 10.3(1)(e) — or they did not have the qualifications on the basis of which they were ranked under an instruction given under paragraph 10.3(1)(h) or did not meet the criteria for membership in a category that was established in an instruction given under paragraph 10.3(1)(h.2) — because the foreign national’s birthday occurred after the invitation was issued; or

(3) Paragraph 11.2(2)(b) of the Act is amended by striking out “and” at the end of subparagraph (i) and by adding the following after that subparagraph:

(i.1) they met the criteria for membership of a category established in an instruction given under paragraph 10.3(1)(h.2), if they were issued the invitation on the basis that they were eligible to be a member of that category, and

379 (1) Subsection 89(1.2) of the Act is amended by adding the following after paragraph (a):

(a.1) to make a request for a temporary resident permit;

(2) Subsection 89(1.2) of the Act is amended by adding the following after paragraph (c):

(c.1) for restoration of temporary resident status;

(3) Subsection 89(1.2) of the Act is amended by striking out “and” at the end of paragraph (g) and by adding the following after paragraph (h):

(i) for a determination of rehabilitation under paragraph 36(3)(c); and

(j) for authorization to return to Canada.

380 Subsection 94(2) of the Act is amended by adding the following after paragraph (a):

(a.1) any instructions given under paragraph 10.3(1)(h.2) that establish a category of eligible foreign nationals, the economic goal sought to be supported in establishing the category and the number of foreign nationals invited to make an application for permanent residence in respect of the category;

Coming into Force

June 22, 2017

381 Section 379 is deemed to have come into force on June 22, 2017.

DIVISION 24

R.S., c. O-9

Old Age Security Act

Amendment to the Act

382 Subparagraph (c)(i.1) of the definition income in section 2 of the Old Age Security Act is replaced by the following:

(i.1) the amount of the payment under the program referred to in section 275 of the Budget Implementation Act, 2021, No. 1,

Coming into Force

June 29, 2021

383 This Division is deemed to have come into force on June 29, 2021.

DIVISION 25

COVID-19 Benefits Adjustments

2020, c. 5, s. 8

Canada Emergency Response Benefit Act

384 Subparagraph 6(1)(b)(ii) of the Canada Emergency Response Benefit Act is replaced by the following:

(ii) benefits, as defined in subsection 2(1) of the Employment Insurance Act, or an employment insurance emergency response benefit referred to in section 153.7 of that Act,

385 The Act is amended by adding the following after section 14:

Receipt of benefits, allowances or money

15 (1) If, for any four-week period, the Minister determines that a worker received an income support payment for which they were not eligible by reason only that they received one or more payments of benefits, allowances or money referred to in subparagraph 6(1)(b)(ii) or (iii), the Minister is deemed to have determined under subsection 12(2) that the amount that the worker must repay under subsection 12(1) is the amount determined by the formula

$2,000 × (A ÷ 4)

where

A is the number of weeks for which the worker received such benefits, allowances or money during that four-week period.

Non-application

(2) Subsection (1) does not apply in respect of an employment insurance emergency response benefit received by the worker if the Canada Employment Insurance Commission informs the Minister that subsection (1) should not apply in respect of that benefit and, if the Commission does so, the worker is, despite subparagraph 6(1)(b)(ii), deemed to have been eligible to receive the income support payment.

2020, c. 7

Canada Emergency Student Benefit Act

386 The Canada Emergency Student Benefit Act is amended by adding the following after section 15:

Receipt of benefits, allowances or money

15.1 (1) If, for any four-week period, the Minister determines that a student received a Canada emergency student benefit for which they were not eligible by reason only that they received one or more payments of benefits, allowances or money referred to in subparagraph 6(1)(b)(ii) or (iii), the Minister is deemed to have determined under subsection 13(2) that the amount that the worker must repay under subsection 13(1) is, despite subsection 13(1), the amount determined by the formula

A × (B ÷ 4)

where

A is

(a) $2,000, in the case of a student with a dependant or a student with a disability, and

(b) $1,250, in any other case; and

B is the number of weeks for which the student received such benefits, allowances or money during that four-week period.

Non-application

(2) Subsection (1) does not apply in respect of an employment insurance emergency response benefit received by the student if the Canada Employment Insurance Commission informs the Minister that subsection (1) should not apply in respect of that benefit and, if the Commission does so, the student is, despite subparagraph 6(1)(b)(ii), deemed to have been eligible to receive the income support payment.

1996, c. 23

Employment Insurance Act

387 Section 153.9 of the Employment Insurance Act is amended by adding the following after subsection (4):

Receipt of income support payment

(5) If, for any week, a claimant received an employment insurance emergency response benefit for which they were not eligible by reason only of paragraph (2)(c), the claimant, despite that paragraph, is deemed to have been eligible for the benefit unless the Commission has, under subsection 15(2) of the Canada Emergency Response Benefit Act, informed the Minister, as defined in section 2 of that Act, that subsection 15(1) of that Act should not apply in respect of the claimant.

Receipt of Canada emergency student benefit

(6) If, for any week, a claimant received an employment insurance emergency response benefit for which they were not eligible by reason only of paragraph (2)(d), the claimant, despite that paragraph, is deemed to have been eligible for the benefit unless the Commission has, under subsection 15.1(2) of the Canada Emergency Student Benefit Act, informed the Minister, as defined in section 2 of that Act, that subsection 15.1(1) of that Act should not apply in respect of the claimant.

Coming into Force

March 15, 2020

388 Section 384 is deemed to have come into force on March 15, 2020.

DIVISION 26

1996, c. 23

Employment Insurance Act

Amendments to the Act

389 (1) The definition employment benefits in subsection 2(1) of the Employment Insurance Act is repealed.

(2) The definition benefits in subsection 2(1) of the Act is replaced by the following:

benefits means unemployment benefits payable under Part I, VII.1 or VIII; (prestation)

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

employment support measure means a measure established under section 59; (mesure de soutien à l’emploi)

390 (1) Paragraph 5(1)(e) of the Act is replaced by the following:

(e) employment in Canada of an individual as the sponsor or co-ordinator of an employment support measure other than one referred to in paragraph 59(c) or (d).

(2) Paragraph 5(6)(f) of the Act is replaced by the following:

(f) any employment provided under regulations made under section 24 or under an employment support measure other than one referred to in paragraph 59(c) or (d).

391 Paragraph 8(2)(c) of the Act is replaced by the following:

392 Subsection 19(4) of the Act is replaced by the following:

Earnings and allowances from employment support measures, courses and programs

(4) Earnings from employment under an employment support measure other than one referred to in paragraph 59(c) or (d) and earnings or allowances payable to a claimant for attending a course or program of instruction or training shall not be deducted under this section except in accordance with the regulations.

393 The heading before section 25 of the Act is replaced by the following:

Courses, Programs and Employment Support Measures

394 (1) Paragraph 25(1)(a) of the Act is replaced by the following:

(a) attending a course or program of instruction or training — at the claimant’s own expense, under an employment support measure referred to in paragraph 59(a) or under a measure that is the subject of an agreement under section 63 — to which the Commission, or an authority that the Commission designates, has referred the claimant; or

(2) Subparagraph 25(1)(b)(i) of the Act is replaced by the following:

(i) for which assistance has been provided for the claimant under a prescribed employment support measure — other than one referred to in paragraph 59(a) or (c) — or a prescribed measure that is the subject of an agreement under section 63, and

395 Section 26 of the Act is replaced by the following:

Benefits are not earnings

26 For the purposes of this Part, Part IV, the Income Tax Act and the Canada Pension Plan, benefits paid to a claimant while employed under an employment support measure — other than one referred to in paragraph 59(c) or (d) — or under a measure that is the subject of an agreement under section 63 are not earnings from employment.

396 Paragraph 27(1.1)(a) of the Act is replaced by the following:

(a) the Commission or an authority that the Commission designates has, with the agreement of the claimant, referred the claimant to a course or program of instruction or training or to any other employment activity for which assistance has been provided under an employment support measure other than one referred to in paragraph 59(c); and

397 The heading of Part II of the Act is replaced by the following:

Employment Support Measures and National Employment Service

398 Section 56 of the Act is replaced by the following:

Purpose

56 The purpose of this Part is to help maintain a sustainable employment insurance system through the establishment of employment support measures and the maintenance of a national employment service.

399 (1) The portion of subsection 57(1) of the Act before paragraph (a) is replaced by the following:

Guidelines

57 (1) Employment support measures under this Part shall be established in accordance with the following guidelines:

(2) Paragraph 57(1)(a) of the French version of the Act is replaced by the following:

a) l’harmonisation des mesures avec les projets d’emploi provinciaux en vue d’éviter tout double emploi et tout chevauchement;

(3) Paragraph 57(1)(d.1) of the Act is replaced by the following:

(d.1) availability of assistance under the measures in either official language where there is significant demand for that assistance in that language;

(4) The portion of paragraph 57(1)(e) of the Act before subparagraph (i) is replaced by the following:

(e) commitment by persons receiving assistance under the measures to

(5) Paragraph 57(1)(f) of the Act is replaced by the following:

(f) implementation of the measures within a framework for evaluating their success in assisting persons to obtain or keep employment.

(6) Subsections 57(2) and (3) of the Act are replaced by the following:

Working in concert and consultations

(2) To give effect to the purpose and guidelines of this Part, the Commission shall work in concert with provincial governments and consult with workers and employers to align employment support measures with labour market needs.

400 Paragraphs 58(a) and (b) of the Act are replaced by the following:

(a) an insured person who requests assistance under an employment support measure and, when requesting the assistance, is a person for whom a benefit period is established or whose benefit period has ended within the previous 60 months or a person who paid, in at least 3 of the last 10 years, employee’s premiums that did not entitle them to a refund under subsection 96(4); and

(b) an insured person who requests assistance under an employment support measure and, when requesting assistance, is a person who was in receipt of the employment insurance emergency response benefit within the previous 60 months.

401 Section 59 of the Act is replaced by the following:

Employment support measures

59 The Commission may establish employment support measures to help insured participants and other workers, including workers in groups underrepresented in the labour market, to obtain or keep employment, including measures to

(a) provide insured participants with courses or programs of instruction or training;

(b) provide insured participants with employment opportunities or provide employment support;

(d) support research, innovation or partnerships related to helping workers to prepare for, obtain or keep employment and to be productive participants in the labour market.

402 Subsections 60(4) and (5) of the Act are repealed.

403 Sections 61 and 62 of the Act are replaced by the following:

Financial assistance

61 The Commission may, in accordance with terms and conditions approved by the Treasury Board, provide financial assistance for the purpose of implementing employment support measures.

Agreements for administering employment support measures

62 The Commission may, with the approval of the Minister, enter into an agreement or arrangement for the administration of employment support measures on its behalf by a department, board or agency of the Government of Canada, another government or government agency in Canada or any other public or private organization.

404 Paragraphs 63(1)(a) and (b) of the Act are replaced by the following:

(a) any costs of measures implemented by the government, government agency or organization that are consistent with the purpose and guidelines of this Part; and

(b) any administration costs that the government, government agency or organization incurs in implementing the measures.

405 Section 64 of the Act is replaced by the following:

No appeal

64 A decision of the Commission made in relation to employment support measures, other than a decision under section 65.1, is not subject to review under section 112.

406 (1) Paragraph 75(d) of the Act is replaced by the following:

(d) received as repayments of overpayments by the Commission under section 61 for employment support measures authorized by Part II;

(2) Paragraph 75(e) of the French version of the Act is replaced by the following:

e) reçues à titre de remboursement de versements excédentaires faits par la Commission aux termes d’accords conclus au titre de l’article 63;

407 Paragraph 77(1)(b) of the Act is replaced by the following:

(b) all amounts paid under section 61 for employment support measures;

Transitional Provision

Agreements or arrangements

408 The Employment Insurance Act, as it read immediately before the day on which this Division comes into force, continues to apply to agreements or arrangements entered into under Part II of that Act that are in force on that day.

R.S., c. 1 (5th Supp.)

Consequential Amendment to the Income Tax Act

409 Subparagraph 56(1)(r)(iii) of the Income Tax Act is amended by adding “and” at the end of clause (A) and by repealing clause (B).

DIVISION 27

Benefits Related to Employment

1996, c. 23

Employment Insurance Act

Amendments to the Act

410 Subsections 12(2.3) to (2.5) of the Employment Insurance Act are replaced by the following:

General maximum — exception for seasonal workers

(2.3) Despite subsection (2), the maximum number of weeks for which benefits may be paid in a benefit period to a claimant because of a reason other than those mentioned in subsection (3) shall be determined in accordance with the table set out in Schedule V by reference to the regional rate of unemployment that applies to the claimant and the number of hours of insurable employment of the claimant in their qualifying period if

(a) the following conditions are met:

(i) the date on which a benefit period for the claimant is established falls within the period beginning on September 26, 2021 and ending on October 28, 2023,

(ii) on the date on which the benefit period is established, the claimant is ordinarily resident in a region described in Schedule VI,

(iii) in the 260 weeks before the date on which the benefit period referred to in subparagraph (i) begins, at least three benefit periods were established during which regular benefits were paid or payable, and

(iv) at least two of the benefit periods referred to in subparagraph (iii) began around the same time of year as the benefit period referred to in subparagraph (i) began; or

(b) the conditions referred to in subparagraphs (a)(i) and (ii) are met and the claimant had met the criteria set out in paragraphs 77.992(2)(b) to (d) of the Employment Insurance Regulations — taking into account subsections 77.992(3) and (4) of those Regulations — in respect of a benefit period established for the claimant on a date within the period referred to in paragraph 77.992(2)(a) of those Regulations.

Establishment of benefit period — presumption

(2.4) For the purposes of subparagraph (2.3)(a)(iii), a claimant’s benefit period established before the beginning of the 260-week period is considered to have been established within the 260-week period if the claimant received a notification of payment or non-payment with respect to any week that falls within that 260-week period.

Beginning of benefit period — presumption

(2.5) For the purposes of subparagraph (2.3)(a)(iv), a benefit period in a previous year is considered to have begun around the same time of year if it began during the period that begins eight weeks before and ends eight weeks after the week that is

(a) 52 weeks before the first week of the benefit period referred to in subparagraph (2.3)(a)(i);

(b) 104 weeks before the first week of the benefit period referred to in subparagraph (2.3)(a)(i);

(d) 208 weeks before the first week of the benefit period referred to in subparagraph (2.3)(a)(i); or

(e) 260 weeks before the first week of the benefit period referred to in subparagraph (2.3)(a)(i).

411 Schedule V to the Act is replaced by the Schedule V set out in Schedule 3 to this Act.

412 Schedule VI to the Act is amended by replacing the reference after the heading “SCHEDULE VI” with the following:

(Subparagraph 12(2.3)(a)(ii))

Transitional Provision

Continued application — before September 25, 2022

413 Schedule V to the Employment Insurance Act, as it read immediately before September 25, 2022, continues to apply in respect of a claimant whose benefit period, as those terms are defined in subsection 2(1) of that Act, begins before September 25, 2022.

2021, c. 23

Budget Implementation Act, 2021, No. 1

414 The Budget Implementation Act, 2021, No. 1 is amended by adding the following after section 350:

Transitional Provisions

Continued application — before September 25, 2022

350.1 (1) Subsection 35(6), paragraph 35(7)(g) and section 36 of the former Regulations continue to apply in respect of a claimant’s earnings if, but for this subsection, the earnings would be allocated under subsection 36(9) or (10) of the new Regulations to a number of weeks the first week of which falls within the period beginning on September 26, 2021 and ending on September 24, 2022.

Definitions

(2) The following definitions apply in this section.

claimant has the same meaning as in subsection 2(1) of the Employment Insurance Act. (prestataire)

earnings means the earnings referred to in subsections 36(9) and (10) of the new Regulations. (rémunération)

former Regulations means the Employment Insurance Regulations as they read immediately before September 25, 2022. (ancien règlement)

new Regulations means the Employment Insurance Regulations as they read on September 25, 2022. (nouveau règlement)

Coordinating Amendments

Bill C-8

415 (1) Subsections (2) to (4) apply if Bill C-8, introduced in the 1st session of the 44th Parliament and entitled the Economic and Fiscal Update Implementation Act, 2021 (in this section referred to as the “other Act”), receives royal assent.

(2) If section 47 of the other Act comes into force before section 410 of this Act, then

(a) sections 410 and 412 of this Act are deemed never to have come into force and are repealed; and

(b) subparagraph 12(2.3)(a)(i) of the Employment Insurance Act is replaced by the following:

(i) the date on which a benefit period for the claimant is established falls within the period beginning on September 26, 2021 and ending on October 28, 2023,

(3) If section 410 of this Act comes into force before section 47 of the other Act, then sections 47 and 48 of the other Act are deemed never to have come into force and are repealed.

(4) If section 47 of the other Act comes into force on the same day as section 410 of this Act, then sections 47 and 48 of the other Act are deemed never to have come into force and are repealed.

Coming into Force

September 25, 2022

416 (1) Sections 411 and 413 come into force, or are deemed to have come into force, on September 25, 2022.

Royal assent or September 25, 2022

(2) Section 414 comes into force on the day on which this Act receives royal assent or, if that day is after September 25, 2022, is deemed to have come into force on September 25, 2022.

DIVISION 28

R.S., c. C-8

Canada Pension Plan

Amendments to the Act

417 The definition contributory period in subsection 2(1) of the Canada Pension Plan is replaced by the following:

contributory period of a contributor has, subject to paragraph 44(2)(b) and subsections 44(5) and 56(5), the meaning assigned by section 49; (période cotisable)

418 (1) Paragraph 44(1)(h) of the Act is replaced by the following:

(h) a post-retirement disability benefit shall be paid to a beneficiary of a retirement pension who has not reached 65 years of age and is disabled if

(i) the beneficiary has made base contributions for not less than the minimum qualifying period and that period ends after 2018,

(ii) the beneficiary is a contributor to whom a post-retirement disability benefit would have been payable at the time the contributor is deemed to have become disabled if an application for a post-retirement disability benefit had been received before the application was actually received, or

(iii) the beneficiary is a contributor to whom a post-retirement disability benefit would have been payable at the time the contributor is deemed to have become disabled if a division of unadjusted pensionable earnings that was made under section 55 or 55.1 had not been made.

(2) The portion of subsection 44(4) of the Act before paragraph (c) is replaced by the following:

Calculation of minimum qualifying period — post-retirement disability benefit

(4) For the purposes of paragraph (1)(h) and, if a post-retirement disability benefit is payable to a contributor, paragraph (1)(e), the contributor is deemed to have made base contributions for not less than the minimum qualifying period only if the contributor has made base contributions during their contributory period on earnings that are not less than the contributor’s basic exemption, calculated without regard to subsection 20(2),

(a) for at least four of the last six calendar years included either wholly or partly in the contributor’s contributory period;

(b) for at least 25 calendar years included either wholly or partly in the contributor’s contributory period, of which at least three are in the last six calendar years included either wholly or partly in the contributor’s contributory period; or

(3) Section 44 of the Act is amended by adding the following after subsection (4):

Contributory period — post-retirement disability benefit

(5) For the purposes of subsection (4), the contributory period of a contributor is the period

(a) commencing when they reach 18 years of age, and

(b) ending with the month in which they are determined to have become disabled for the purpose of paragraph (1)(h),

but excluding

(c) any month that was excluded from the contributor’s contributory period under this Act or under a provincial pension plan by reason of disability, and

(d) in relation to any benefits payable under this Act for any month after December 1977, any month for which the contributor was a family allowance recipient in a year for which the contributor’s base unadjusted pensionable earnings are less than the contributor’s basic exemption for the year, calculated without regard to subsection 20(2).

419 The portion of paragraph 49(b) of the Act before subparagraph (i) is replaced by the following:

(b) where a benefit other than a disability pension or a post-retirement disability benefit commences after the end of 1986, with the earliest of

420 (1) The portion of paragraph (a) of the description of G in section 51.1 of the Act before the formula is replaced by the following:

(a) the lesser of 1 and the number determined by the formula

(2) The description of M7 in section 51.1 of the Act is replaced by the following:

M7 is the number of months in the contributor’s first additional contributory period in the year in which they were deemed to have become disabled that are before the month following the month in which they were deemed to have become disabled; and

(3) Section 51.1 of the Act is renumbered as subsection 51.1(1) and is amended by adding the following:

Year in which first additional contributory period begins

(2) For the purposes of the descriptions of A to F in subsection (1), if the contributor’s first additional contributory period begins in the six years before the year in which they were deemed to have become disabled, the Year’s Maximum Pensionable Earnings for the year in which their first additional contributory period begins is replaced by the prorated portion determined by the formula

A x (M ÷ 12)

where

A is the Year’s Maximum Pensionable Earnings for the year in which the contributor’s first additional contributory period begins; and

M is the number of months in that year that are included in the contributor’s first additional contributory period.

421 (1) The portion of paragraph (a) of the description of G in section 51.2 of the Act before the formula is replaced by the following:

(a) the lesser of 1 and the number determined by the formula

(2) The description of M7 in section 51.2 of the Act is replaced by the following:

M7 is the number of months in the contributor’s second additional contributory period in the year in which they were deemed to have become disabled that are before the month following the month in which they were deemed to have become disabled; and

(3) Section 51.2 of the Act is renumbered as subsection 51.2(1) and is amended by adding the following:

Year in which second additional contributory period begins

(2) For the purposes of the descriptions of A to F in subsection (1), if the contributor’s second additional contributory period begins in the six years before the year in which they were deemed to have become disabled, the Year’s Maximum Pensionable Earnings for the year in which their second additional contributory period begins is replaced by the prorated portion determined by the formula

A x (M ÷ 12)

where

A is the Year’s Maximum Pensionable Earnings for the year in which the contributor’s second additional contributory period begins; and

M is the number of months in that year that are included in the contributor’s second additional contributory period.

422 Section 53.3 of the Act is amended by adding the following after subsection (4):

Year in which first additional contributory period begins

(5) For the purposes of the descriptions of A to E in subsection (1), if the contributor’s first additional contributory period begins in the five years before the year in which they became a family allowance recipient, the Year’s Maximum Pensionable Earnings for the year in which their first additional contributory period begins is replaced by the prorated portion determined by the formula

A x (M ÷ 12)

where

A is the Year’s Maximum Pensionable Earnings for the year in which the contributor’s first additional contributory period begins; and

M is the number of months in that year that are included in the contributor’s first additional contributory period.

423 Section 53.4 of the Act is amended by adding the following after subsection (3):

Year in which second additional contributory period begins

(4) For the purposes of the descriptions of A to E in subsection (1), if the contributor’s second additional contributory period begins in the five years before the year in which they became a family allowance recipient,

(a) the Year’s Maximum Pensionable Earnings for the year in which their second additional contributory period begins is replaced by the prorated portion determined by the formula

A x (M ÷ 12)

where

A is the Year’s Maximum Pensionable Earnings for the year in which the contributor’s second additional contributory period begins, and

M is the number of months in that year that are included in the contributor’s second additional contributory period; and

(b) the Year’s Additional Maximum Pensionable Earnings for the year in which their second additional contributory period begins is replaced by the prorated portion determined by the formula

A x (M ÷ 12)

where

A is the Year’s Additional Maximum Pensionable Earnings for the year in which the contributor’s second additional contributory period begins, and

M is the number of months in that year that are included in the contributor’s second additional contributory period.

Coming into Force

Non-application — subsection 114(2) of Canada Pension Plan

424 (1) Subsection 114(2) of the Canada Pension Plan does not apply in respect of the amendments to that Act contained in this Division.

Order in council

(2) This Division comes into force, in accordance with subsection 114(4) of the Canada Pension Plan, on a day to be fixed by order of the Governor in Council.

DIVISION 29

Medical Leave with Pay

2021, c. 27

An Act to amend the Criminal Code and the Canada Labour Code

425 (1) Subsection 7(1) of An Act to amend the Criminal Code and the Canada Labour Code is amended by replacing the subsection 239(1.2) that it enacts with the following:

Leave with pay

(1.2) Subject to subsection (1.21) and the regulations, an employee earns, as of the first day on which this subsection applies to the employee,

(a) after completing 30 days of continuous employment with an employer, three days of medical leave of absence with pay; and

(b) following the period of 30 days referred to in paragraph (a), at the beginning of each month after completing one month of continuous employment with the employer, one day of medical leave of absence with pay.

Maximum of 10 days

(1.21) Subject to the regulations, an employee is entitled to earn up to 10 days of medical leave of absence with pay in a calendar year.

(2) Subsection 7(1) of the Act is amended by replacing the subsection 239(1.4) that it enacts with the following:

Annual carry forward

(1.4) Subject to the regulations, each day of medical leave of absence with pay that an employee does not take in a calendar year is to be carried forward to January 1 of the following calendar year and decreases, by one, the maximum number of days that can be earned in that calendar year under subsection (1.21).

(3) Subsection 7(1) of the Act is amended by replacing the subsections 239(1.6) and (2) that it enacts with the following:

Certificate

(2) The employer may, in writing and no later than 15 days after the return to work of an employee who has taken a medical leave of absence of at least five consecutive days, require the employee to provide a certificate issued by a health care practitioner certifying that the employee was incapable of working for the period of their medical leave of absence.

(4) Subsection 7(2) of the Act is amended by amending the subsection 239(13) that it enacts by striking out “and” at the end of paragraph (a) and by replacing paragraph (b) with the following:

(b) modifying subsection (1.2), (1.21) or (1.4) if, in the opinion of the Governor in Council, employees or classes of employees will, despite the modification, earn periods of medical leave of absence with pay that are substantially equivalent to the period provided for in subsection (1.21); and

(c) providing for employees or classes of employees to earn periods of medical leave of absence with pay other than in accordance with subsection (1.2) if, in the opinion of the Governor in Council, the periods of medical leave of absence with pay are substantially equivalent to the period provided for in subsection (1.21).

(5) Subsection 7(2) of the Act is amended by adding, after the subsection 239(13) that it enacts, the following:

Application of section 189

(14) Section 189 applies for the purposes of this Division.

426 The Act is amended by adding the following after section 7:

7.1 The Act is amended by adding the following after section 239:

Application — 100 or more employees

239.001 The provisions of this Division respecting the medical leave of absence with pay apply to an employer and its employees beginning on the first day on which, as of the day on which this section comes into force, the employer has 100 or more employees, even if the number of employees falls below 100 after that first day.

427 (1) Subsection 8(2) of the Act is replaced by the following:

Order in council or December 1, 2022

(2) Sections 6 and 7 come into force on a day to be fixed by order of the Governor in Council, but no later than December 1, 2022.

(2) Section 8 of the Act is amended by adding the following after subsection (3):

Order in council

(4) Section 7.1 comes into force on a day to be fixed by order of the Governor in Council.

R.S., c. L-2

Related Amendment to the Canada Labour Code

428 Section 239.001 of the Canada Labour Code is repealed.

Transitional Provision

Personal leave

429 Paragraph 206.6(1)(a) of the Canada Labour Code, as it read immediately before the day on which section 6 of An Act to amend the Criminal Code and the Canada Labour Code, chapter 27 of the Statutes of Canada, 2021, comes into force, continues to apply to every employer and its employees to which section 239.001 of the Canada Labour Code, as enacted by section 7.1 of An Act to amend the Criminal Code and the Canada Labour Code, chapter 27 of the Statutes of Canada, 2021, does not apply, until the day on which section 428 of this Act comes into force.

Coordinating Amendments

2021, c. 27

430 (1) In this section, other Act means An Act to amend the Criminal Code and the Canada Labour Code, chapter 27 of the Statutes of Canada, 2021.

(2) If section 7 of the other Act comes into force before section 425 of this Act, then

(a) sections 425 to 429 and 431 of this Act are deemed never to have come into force and are repealed;

(b) subsection 239(1.2) of the Canada Labour Code is replaced by the following:

Leave with pay

(1.2) Subject to subsection (1.21) and the regulations, an employee earns, as of the day on which this subsection comes into force,

(a) after completing 30 days of continuous employment with an employer, three days of medical leave of absence with pay; and

Maximum of 10 days

(1.21) Subject to the regulations, an employee is entitled to earn up to 10 days of medical leave of absence with pay in a calendar year.

Annual carry forward

(d) subsections 239(1.6) and (2) of the Canada Labour Code are replaced by the following:

Certificate

(e) subsection 239(13) of the Canada Labour Code is amended by striking out “and” at the end of paragraph (a) and by replacing paragraph (b) with the following:

(f) section 239 of the Canada Labour Code is amended by adding the following after subsection (13):

Application of section 189

(14) Section 189 applies for the purposes of this Division.

(3) If section 425 of this Act comes into force on the same day as section 7 of the other Act, then that section 425 is deemed to have come into force before that section 7.

Coming into Force

Order in council

431 Section 428 comes into force on a day to be fixed by order of the Governor in Council.

DIVISION 30

R.S., c. C-44; 1994, c. 24, s. 1(F)

Canada Business Corporations Act

Amendments to the Act

432 Subsection 21.1(7) of the Canada Business Corporations Act is replaced by the following:

Non-application

(7) This section does not apply to a corporation

(a) that is a reporting issuer or an émetteur assujetti under an Act of the legislature of a province relating to the regulation of securities;

(b) any of the securities of which are listed and posted for trading on a designated stock exchange, as defined in subsection 248(1) of the Income Tax Act; or

433 The Act is amended by adding the following after section 21.2:

Sending of information to Director

21.21 (1) A corporation to which section 21.1 applies shall

(a) on an annual basis, send to the Director the information in its register of individuals with significant control over the corporation, in the form and within the period that the Director fixes; and

(b) within 15 days after the day on which it records information under subsection 21.1(3), send the information to the Director, in the form that the Director fixes.

Sending of information — certificates issued

(2) On or after the date shown on a certificate referred to in section 8, subsection 185(4) or 187(4), a corporation to which section 21.1 applies shall send to the Director the information referred to in paragraphs 21.1(1)(a) to (f) in relation to individuals with significant control over the corporation, in the form and within the period that the Director fixes.

Period for keeping and producing information

(3) The Director is not required to keep or produce any information received under subsection (1) or (2) after the end of the six-year period following the day on which it is received.

434 The Act is amended by adding the following after section 21.3:

Provision of information by Director

21.301 The Director may provide all or part of the information received under section 21.21 to an investigative body referred to in subsection 21.31(2), the Financial Transactions and Reports Analysis Centre of Canada or any prescribed entity.

435 Section 266 of the Act is replaced by the following:

Inspection

266 (1) A person who has paid the required fee is entitled during usual business hours to examine a document required by this Act or the regulations to be sent to the Director, except any information sent under section 21.21 and a report sent to the Director under subsection 230(2), and to make copies of or extracts from it.

Copies or extracts

(2) The Director shall furnish any person with a copy, extract, certified copy or certified extract of a document required by this Act or the regulations to be sent to the Director, except any information sent under section 21.21 and a report sent under subsection 230(2).

Coordinating Amendment

2018, c. 8

436 On the first day on which both section 44 of An Act to amend the Canada Business Corporations Act, the Canada Cooperatives Act, the Canada Not-for-profit Corporations Act and the Competition Act, chapter 8 of the Statutes of Canada, 2018, and section 435 of this Act are in force, section 266 of the Canada Business Corporations Act is replaced by the following:

Inspection

266 (1) A person who has paid the required fee is entitled during usual business hours to examine and make copies of or take extracts from a document, except any information sent under section 21.21 and a report sent to the Director under subsection 230(2), that is required to be sent to the Director under this Act or that was required to be sent to a person performing a similar function under prior legislation.

Copies or extracts

(2) The Director shall, on request, provide any person with a copy, extract, certified copy or certified extract of a document that may be examined under subsection (1).

Coming into Force

Order in council

437 This Division, except sections 432 and 436, comes into force on a day to be fixed by order of the Governor in Council.

DIVISION 31

Economic Sanctions

1992, c. 17

Special Economic Measures Act

438 The definition property in section 2 of the Special Economic Measures Act is replaced by the following:

property means any type of property, whether real or personal or immovable or movable, or tangible or intangible or corporeal or incorporeal, and includes money, funds, currency, digital assets and virtual currency; (bien)

439 The Act is amended by adding the following after section 3:

Purpose

Purpose of Act

3.1 The purpose of this Act is to enable the Government of Canada to take economic measures against certain persons in circumstances where an international organization of states or association of states of which Canada is a member calls on its members to do so, a grave breach of international peace and security has occurred, gross and systematic human rights violations have been committed in a foreign state or acts of significant corruption involving a national of a foreign state have been committed.

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

Orders and regulations

4 (1) The Governor in Council may, if the Governor in Council is of the opinion that any of the circumstances described in subsection (1.1) has occurred,

(a) make any orders or regulations with respect to the restriction or prohibition of any of the activities referred to in subsection (2) in relation to a foreign state that the Governor in Council considers necessary; and

(b) by order, cause to be seized or restrained in the manner set out in the order any property situated in Canada that is owned — or that is held or controlled, directly or indirectly — by

(i) a foreign state,

(ii) any person in that foreign state, or

(iii) a national of that foreign state who does not ordinarily reside in Canada.

(2) Paragraph 4(2)(a) of the Act is replaced by the following:

(a) any dealing by any person in Canada or Canadian outside Canada in any property, wherever situated, that is owned — or that is held or controlled, directly or indirectly — by that foreign state, any person in that foreign state, or a national of that foreign state who does not ordinarily reside in Canada;

(3) Subsections 4(4) and (5) of the Act are replaced by the following:

Order authorizing Minister

(4) The Governor in Council may, by order, authorize the Minister to

(a) issue to any person in Canada or Canadian outside Canada a permit to carry out a specified activity or transaction, or class of activity or transaction, that is restricted or prohibited under this Act or any order or regulations made under this Act; or

(b) issue a general permit allowing any person in Canada or Canadian outside Canada to carry out a specified activity or transaction, or class of activity or transaction, that is restricted or prohibited under this Act or any order or regulations made under this Act.

Ministerial permit

(5) The Minister may issue a permit or general permit, subject to any terms and conditions that are, in the opinion of the Minister, consistent with this Act and any order or regulations made under this Act.

441 Section 5 of the Act is replaced by the following:

Costs

5 Any costs incurred by or on behalf of Her Majesty in right of Canada in relation to the seizure or restraint of property under an order made under paragraph 4(1)(b) or the disposal of property forfeited under section 5.4 are the liability of the owner of the property and constitute a debt due to Her Majesty in right of Canada that may be recovered in any court of competent jurisdiction.

Application for review

5.1 (1) A person whose property is the subject of an order made under paragraph 4(1)(b) may, unless the property is the subject of a forfeiture order, apply at any time to the Minister in writing to request that the property cease being the subject of the order made under that paragraph.

Reasonable grounds

(2) On receipt of an application, the Minister must decide whether there are reasonable grounds to recommend to the Governor in Council that the property cease to be the subject of the order.

Ranking

5.2 All secured and unsecured rights and interests in any property that is the subject of an order made under paragraph 4(1)(b) that are held by a person are entitled to the same ranking that they would have been entitled to had the order not been made, unless

(a) the person is

(i) the foreign state identified in the order,

(ii) a person in that state, or

(iii) a national of that state who does not ordinarily reside in Canada; or

(b) the property is forfeited to Her Majesty in right of Canada under section 5.4.

Forfeiture Orders

Definitions

5.3 The following definitions apply in sections 5.4 to 5.6.

judge means a judge of a superior court of the province where property described in an order made under paragraph 4(1)(b) is situated. (juge)

Minister means the Minister responsible under section 6 for the administration of an order made under paragraph 4(1)(b). (ministre)

Forfeiture

5.4 (1) On application by the Minister, a judge shall order that the property that is the subject of the application be forfeited to Her Majesty in right of Canada if the judge determines, based on the evidence presented, that the property

(a) is described in an order made under paragraph 4(1)(b); and

(b) is owned by the person referred to in that order or is held or controlled, directly or indirectly, by that person.

Notice

(2) Before making the order in relation to the property, the court shall require notice to be given to any person who, in the court’s opinion, appears to have an interest in or right to the property, and the court may hear any such person.

Manner of giving notice

(3) The notice shall

(a) be given in the manner that the court directs or that may be specified in the rules of the court;

(b) specify the period that the court considers reasonable or that may be set out in the rules of the court during which a person may, before the order in relation to the property is made, make an application to the court asserting their interest in or right to the property; and

Application by person

(4) Any person — other than a person referred to in any of subparagraphs 5.2(a)(i) to (iii) — who claims an interest in or right to property that is forfeited to Her Majesty under subsection (1) may, within 30 days after the day on which the property is forfeited, apply in writing to a judge for an order declaring that their interest or right is not affected by the forfeiture, declaring the nature and extent of the interest or right and directing the Minister to pay to the person an amount equal to the value of their interest or right.

Not a Crown corporation

5.5 If the property that is the subject of a forfeiture order consists of all of the shares of a corporation, the corporation is deemed not to be a Crown corporation as defined in subsection 83(1) of the Financial Administration Act.

Payment out of Proceeds Account

5.6 After consulting with the Minister of Finance and the Minister of Foreign Affairs, the Minister may — at the times and in the manner, and on any terms and conditions, that the Minister considers appropriate — pay out of the Proceeds Account, as defined in section 2 of the Seized Property Management Act, amounts not exceeding the net proceeds from the disposition of property forfeited under section 5.4, but only for any of the following purposes:

(a) the reconstruction of a foreign state adversely affected by a grave breach of international peace and security;

(b) the restoration of international peace and security; and

(c) the compensation of victims of a grave breach of international peace and security, gross and systematic human rights violations or acts of significant corruption.

442 Subsection 6(1) of the French version of the Act is replaced by the following:

Ministre

6 (1) Sous réserve du paragraphe (2), le ministre des Affaires étrangères est chargé de l’exécution et du contrôle d’application de la présente loi.

443 The Act is amended by adding the following after section 6:

Sharing of information

6.1 The following persons may assist the Minister in matters relating to the making, administration or enforcement of an order or regulation referred to in subsection 4(1) and, for that purpose, may collect information from and disclose information to each other:

(a) the Minister of Foreign Affairs;

(b) the Minister of Finance;

(d) the Minister of Public Safety and Emergency Preparedness;

(e) the Director of the Canadian Security Intelligence Service;

(f) the Chief of the Communications Security Establishment;

(g) the President of the Canada Border Services Agency; and

(h) the Superintendent of Financial Institutions.

RCMP

6.2 (1) The Commissioner of the Royal Canadian Mounted Police may assist the Minister in matters related to the making of an order under paragraph 4(1)(b), the seizure or restraint of any property that is the subject of such an order or the making of an application for forfeiture of the property under section 5.4 and, for that purpose, may collect information from and disclose information to the persons referred to in section 6.1.

For greater certainty

(2) For greater certainty, nothing in subsection (1) is to be construed as affecting the powers of a peace officer that are conferred under legislation or the common law.

Provision of information

6.3 (1) The Minister of Foreign Affairs may require any person to provide to that Minister any information that that Minister believes on reasonable grounds is relevant for the purposes of the making, administration or enforcement of an order or regulation referred to in subsection 4(1).

Duty to comply

(2) Every person who is required to provide information under subsection (1) shall comply with the requirement within the time and in the form and manner specified by that Minister.

444 Subsection 7(1) of the Act is replaced by the following:

Tabling in Parliament

7 (1) Every order and regulation made under paragraph 4(1)(a) shall be laid before each House of Parliament by a member of the Queen’s Privy Council for Canada within five sitting days of that House after it is made.

445 The Act is amended by adding the following after section 7:

Agreements

7.1 The Minister of Foreign Affairs may, with the approval of the Governor in Council, enter into an agreement with the government of any foreign state respecting the use by the foreign state, for any of the following purposes, of amounts that may be paid out under section 5.6:

(a) the reconstruction of the foreign state adversely affected by a grave breach of international peace and security;

(b) the restoration of international peace and security; and

(c) the compensation of victims of a grave breach of international peace and security, gross and systematic human rights violations or acts of significant corruption.

2017, c. 21

Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law)

446 (1) The definition Minister in section 2 of the Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law) is repealed.

(2) Section 2 of the Act is amended by adding the following in alphabetical order:

447 The Act is amended by adding the following after section 2:

Minister

2.1 (1) Subject to subsection (2), the Minister of Foreign Affairs is responsible for the administration and enforcement of this Act.

Designation

(2) The Governor in Council may, by order, designate one or more Ministers of the Crown to discharge any responsibilities that the Governor in Council may specify with respect to the administration or enforcement of any of the provisions of this Act or any order or regulations made under this Act.

448 Paragraph 4(1)(b) of the Act is replaced by the following:

(b) by order, cause to be seized or restrained in the manner set out in the order any property situated in Canada that is owned — or that is held or controlled, directly or indirectly — by the foreign national.

449 Section 5 of the Act is replaced by the following:

Forfeiture Orders

Definitions

4.1 The following definitions apply in sections 4.2 to 4.4.

judge means a judge of a superior court of the province where property described in an order made under paragraph 4(1)(b) is situated. (juge)

Minister means the Minister responsible under section 2.1 for the administration of an order made under paragraph 4(1)(b). (ministre)

Forfeiture

4.2 (1) On application by the Minister, a judge must order that the property that is the subject of the application be forfeited to Her Majesty in right of Canada if the judge determines, based on the evidence presented, that the property

(a) is described in an order made under paragraph 4(1)(b); and

(b) is owned by the foreign national referred to in that order or is held or controlled, directly or indirectly, by that foreign national.

Notice

(2) Before making the order in relation to the property, the court must require notice to be given to any person who, in the court’s opinion, appears to have an interest in or right to the property, and the court may hear any such person.

Manner of giving notice

(3) The notice must

(a) be given in the manner that the court directs or that may be specified in the rules of the court;

Application by person

(4) Any person — other than a foreign national described in any of paragraphs 4(2)(a) to (d) — who claims an interest in or right to property that is forfeited to Her Majesty under subsection (1) may, within 30 days after the day on which the property is forfeited, apply in writing to a judge for an order declaring that their interest or right is not affected by the forfeiture, declaring the nature and extent of the interest or right and directing the Minister to pay to the person an amount equal to the value of their interest or right.

Not a Crown corporation

4.3 If the property that is the subject of a forfeiture order consists of all of the shares of a corporation, the corporation is deemed not to be a Crown corporation as defined in subsection 83(1) of the Financial Administration Act.

Payment out of Proceeds Account

4.4 After consulting with the Minister of Finance and the Minister of Foreign Affairs, the Minister may — at the times and in the manner, and on any terms and conditions, that the Minister considers appropriate — pay out of the Proceeds Account, as defined in section 2 of the Seized Property Management Act, amounts not exceeding the net proceeds from the disposition of property forfeited under section 4.2, but only to compensate victims of the circumstances described in subsection 4(2).

Tabling in Parliament

Order or regulation

5 A copy of each order or regulation made under paragraph 4(1)(a) must be tabled in each House of Parliament within 15 days after it is made. It may be sent to the Clerk of the House if the House is not sitting.

450 The Act is amended by adding the following after section 7:

Sharing of information

7.1 The following persons may assist the Minister in matters relating to the making, administration or enforcement of an order or regulation referred to in subsection 4(1) and, for that purpose, may collect information from and disclose information to each other:

(a) the Minister of Foreign Affairs;

(b) the Minister of Finance;

(d) the Minister of Public Safety and Emergency Preparedness;

(e) the Director of the Canadian Security Intelligence Service;

(f) the Chief of the Communications Security Establishment;

(g) the President of the Canada Border Services Agency; and

(h) the Superintendent of Financial Institutions.

RCMP

7.2 (1) The Commissioner of the Royal Canadian Mounted Police may assist the Minister in matters related to the making of an order under paragraph 4(1)(b), the seizure or restraint of any property that is the subject of such an order or the making of an application for forfeiture of the property under section 4.2 and, for that purpose, may collect information from and disclose information to the persons referred to in section 7.1.

For greater certainty

(2) For greater certainty, nothing in subsection (1) is to be construed as affecting the powers of a peace officer that are conferred under legislation or the common law.

Provision of information

7.3 (1) The Minister of Foreign Affairs may require any person to provide to that Minister any information that that Minister believes on reasonable grounds is relevant for the purposes of the making, administration or enforcement of an order or regulation referred to in subsection 4(1).

Duty to comply

(2) Every person who is required to provide information under subsection (1) must comply with the requirement within the time and in the form and manner specified by that Minister.

451 Subsections 8(1) and (2) of the Act are replaced by the following:

Application

8 (1) A foreign national who is the subject of an order or regulation made under paragraph 4(1)(a) may apply in writing to the Minister to cease being the subject of the order or regulation.

Property

(1.1) A foreign national whose property is the subject of an order made under paragraph 4(1)(b) may, unless the property is the subject of a forfeiture order, apply at any time in writing to the Minister to request that the property cease being the subject of the order made under that paragraph.

Reasonable grounds

(2) On receipt of the application, the Minister must decide whether there are reasonable grounds to recommend to the Governor in Council that the order or regulation be amended or repealed, as the case may be, so that the applicant or their property ceases to be the subject of it.

452 Section 13 of the Act is replaced by the following:

Ranking

13 All secured and unsecured rights and interests in any property that is the subject of an order made under paragraph 4(1)(b) that are held by a person are entitled to the same ranking that they would have been entitled to had the order not been made, unless

(a) the person is a foreign national described in any of paragraphs 4(2)(a) to (d); or

(b) the property is forfeited to Her Majesty in right of Canada under section 4.2.

Costs

13.1 Any costs incurred by or on behalf of Her Majesty in right of Canada in relation to the seizure or restraint of property under an order made under paragraph 4(1)(b) or the disposal of property forfeited under section 4.2 are the liability of the owner of the property and constitute a debt due to Her Majesty in right of Canada that may be recovered in any court of competent jurisdiction.

Agreements

13.2 The Minister of Foreign Affairs may, with the approval of the Governor in Council, enter into an agreement with a person respecting the use by the person, for the compensation of victims of the circumstances described in subsection 4(2), of amounts that may be paid out under section 4.4.

1993, c. 37

Seized Property Management Act

453 Subsection 13(3) of the Seized Property Management Act is amended by striking out “and” at the end of paragraph (b) and by adding the following after paragraph (c):

(d) amounts paid under section 5.6 of the Special Economic Measures Act; and

(e) amounts paid under section 4.4 of the Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law).

DIVISION 32

Employment Insurance Board of Appeal

2005, c. 34; 2013, c. 40, s. 205

Department of Employment and Social Development Act

454 Section 2 of the Department of Employment and Social Development Act is amended by adding the following in alphabetical order:

Board of Appeal means the Employment Insurance Board of Appeal established under subsection 43.01(1). (Conseil d’appel)

455 The headings “Social Security Tribunal” and “Establishment and Administration” before section 44 of the Act are replaced by the following:

Board of Appeal and Social Security Tribunal

Board of Appeal

Establishment and Administration

456 The Act is amended by adding the following before section 44:

Establishment of Board of Appeal

43.01 (1) The Employment Insurance Board of Appeal is established.

Role of Chairperson of Commission

(2) The Chairperson of the Commission is responsible for the overall performance of the Board of Appeal.

Executive Head

43.02 The Executive Head of the Board of Appeal is to be appointed by the Governor in Council to hold office during pleasure on a full-time basis for a renewable term of not more than five years.

Composition

43.03 (1) The Board of Appeal consists of the Executive Head and the following members:

(a) members to be appointed by the Governor in Council to hold office during pleasure on a full-time or part-time basis for a renewable term of not more than five years;

(b) members to be appointed by the Commission to hold office during pleasure on a part-time basis for a renewable term of not more than five years, each of whom must be an employer, within the meaning of subsection 2(1) of the Employment Insurance Act, or, at the time of the appointment, a representative of such employers; and

(c) members to be appointed by the Commission to hold office during pleasure on a part-time basis for a renewable term of not more than five years, each of whom must be an insured person, within the meaning of subsection 2(1) of the Employment Insurance Act, or, at the time of the appointment, a representative of such insured persons.

Equal number

(2) To the extent possible, an equal number of members is to be appointed under each of paragraphs (1)(a) to (c).

Completion of ongoing matters

(3) A person who ceases to be a member for any reason other than removal may, at the request of the Executive Head, within 12 weeks after ceasing to be a member, carry out and complete any duties and functions that they would otherwise have had in connection with any matter that came before the Board of Appeal while they were still a member and in respect of which there was any proceeding in which they participated as a member. For that purpose, the person is deemed to be a part-time member.

Duties of Executive Head

43.04 (1) The Executive Head has supervision over and direction of the day-to-day work of the Board of Appeal. In particular, the Executive Head is responsible for the management of the Board of Appeal’s members, including providing them with training and guidance with respect to their duties and functions and evaluating their performance.

Coordinating members

(2) The Governor in Council may designate, from among the full-time members of the Board of Appeal, coordinating members to assist the Executive Head. Each coordinating member performs any duties and functions that the Executive Head may assign.

Absence — Executive Head

(3) In the event of the absence or incapacity of the Executive Head or a vacancy in that office, the Chairperson of the Commission may authorize a person to act as Executive Head, on any terms and conditions that the Chairperson may specify, but no person so authorized has authority to act for a term of more than 90 days without the Governor in Council’s approval.

Board of Appeal hearings — three-member panels

43.05 (1) An appeal to the Board of Appeal is to be heard before a panel of three members selected by the Executive Head. One member, who is to be the presiding member of the panel, is to be selected from among the members referred to in paragraph 43.03(1)(a), one member is to be selected from among the members referred to in paragraph 43.03(1)(b) and one member is to be selected from among the members referred to in paragraph 43.03(1)(c).

One-member panels

(2) The Executive Head is to select one member from among the members referred to in paragraph 43.03(1)(a) to

(a) determine if an extension of time to bring an appeal to the Board of Appeal should be granted;

(b) determine if an appeal before the Board of Appeal has been abandoned; or

Remuneration

43.06 (1) The Executive Head and the members of the Board of Appeal are to be paid the remuneration fixed by the Governor in Council.

Expenses — Executive Head

(2) The Executive Head is entitled to be paid, in accordance with Treasury Board directives, reasonable travel and living expenses incurred by the Executive Head while absent from the Executive Head’s ordinary place of work in the course of performing the Executive Head’s duties and functions.

Expenses — full-time members

(3) Each full-time member of the Board of Appeal is entitled to be paid, in accordance with Treasury Board directives, reasonable travel and living expenses incurred by them while absent from their ordinary place of work in the course of performing their duties and functions as a member of the Board of Appeal.

Expenses — part-time members

(4) Each part-time member of the Board of Appeal is entitled to be paid, in accordance with Treasury Board directives, reasonable travel and living expenses incurred by them while absent from their ordinary place of residence in the course of performing their duties and functions as a member of the Board of Appeal.

Public Service Superannuation Act

43.07 (1) The Executive Head and the full-time members of the Board of Appeal are deemed to be employed in the public service for the purposes of the Public Service Superannuation Act.

Other benefits

(2) The Executive Head and the members of the Board of Appeal 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 regulations made under section 9 of the Aeronautics Act.

Services and facilities

43.08 The Minister is responsible for the provision of the support services and the facilities that are needed by the Board of Appeal to exercise its powers and perform its duties and functions.

Immunity

43.09 No civil proceedings lie against the Executive Head or any member of the Board of Appeal for anything done or said in good faith in the exercise or purported exercise of a power or in the performance or purported performance of a duty or function of the Board of Appeal.

Competence and compellability

43.1 The Executive Head and the members of the Board of Appeal are not competent or compellable to appear as a witness in any civil proceedings in respect of any matter coming to their knowledge in the course of the exercise of a power or in the performance of a duty or function of the Board of Appeal.

Social Security Tribunal

Establishment and Administration

457 The Act is amended by adding the following after section 43.1:

Appeal to Board of Appeal

Appeal — time limit

43.11 (1) An appeal of a decision made under section 112 of the Employment Insurance Act must be brought to the Board of Appeal in the prescribed form and manner and within 30 days after the day on which the decision is communicated to the appellant.

Extension

(2) The Board of Appeal may allow further time within which an appeal is to be brought, but in no case may an appeal be brought more than one year after the day on which the decision is communicated to the appellant.

Decision in writing

(3) The Board of Appeal must give a decision made under subsection (2) in writing and a copy of the decision must be sent to the appellant, the Commission and any other party.

Constitutional questions

43.12 The Board of Appeal may not consider any question of constitutional law.

Decision

43.13 (1) The Board of Appeal may dismiss the appeal or confirm, rescind or vary a decision of the Commission in whole or in part or give the decision that the Commission should have given.

Reasons

(2) The Board of Appeal may give a decision orally or in writing and must give reasons. Copies of the decision and reasons, written or, in the case of an oral decision and reasons, reduced to writing, must be sent to the appellant, the Commission and any other party.

Time limits

43.14 The Executive Head may, in any particular case for special reasons, extend the time within which the Board of Appeal is required by regulation to make a decision under subsection 43.13(1).

Expenses and allowances

43.15 Any party who is required to attend a hearing may, if the Executive Head in any particular case for special reasons considers it warranted, be reimbursed for their travel or living expenses up to the amounts determined by the Treasury Board, or be paid any allowance, including compensation for lost remuneration, in accordance with the rates fixed by the Treasury Board.

Hearings

43.16 All or part of a Board of Appeal hearing may be held in private in the circumstances provided for in the regulations.

Representation of party

43.17 A party may, at their own expense, be represented by a representative of their choice.

Powers of Board of Appeal

43.18 (1) Subject to section 43.12, the Board of Appeal may decide any question of law or fact that is necessary for the disposition of any application made or appeal brought under this Act.

Employment Insurance Act

(2) If a question specified in section 90 of the Employment Insurance Act arises in the consideration of an application or in an appeal, it must be determined by an authorized officer of the Canada Revenue Agency, as provided by that section.

Abandonment of appeals

43.19 (1) The Board of Appeal may determine that an appeal before it has been abandoned if it has made reasonable efforts to contact the appellant and has failed to do so or if the appellant fails to communicate with it on being requested to do so.

Reopening abandoned appeals

(2) The Board of Appeal, on application, may reopen an appeal it has determined to be abandoned if it is satisfied that

(a) in making the determination, it failed to observe a principle of natural justice; or

(b) the appellant’s failure to communicate with it was due to circumstances beyond the appellant’s control and the application was made within 30 days after the day on which those circumstances were resolved.

Decision in writing

(3) The Board of Appeal must give a decision made under subsection (1) or (2) in writing and a copy of the decision must be sent to the appellant, the Commission and any other party.

458 Subsection 44(2) of the Act is repealed.

459 Subsection 45(2) of the Act is replaced by the following:

Chairperson and Vice-chairpersons

(2) The Governor in Council designates one of the full-time members to hold office as the Chairperson and two full-time members to hold office as Vice-chairpersons, one of whom is responsible for the Appeal Division and one of whom is responsible for the General Division.

460 Subsections 46(2) and (3) of the Act are replaced by the following:

Members

(2) Each member exercises any powers and performs any duties and functions that the Vice-chairperson who is responsible for the Division for which they hear matters may assign.

Assignment

(3) The Chairperson may assign members to hear matters in the Appeal Division or the General Division.

461 Section 47 of the Act is repealed.

462 Subsection 51(2) of the Act is replaced by the following:

Absence — other

(2) If subsection (1) does not apply owing to the absence or incapacity of the Vice-chairperson of the Appeal Division, or if the office of Vice-chairperson of the Appeal Division is vacant, the Minister may authorize the Vice-chairperson of the General Division to act as Chairperson and that Vice-chairperson may exercise all the powers and perform all the duties and functions of the Chairperson.

463 The heading “Organization of Tribunal” before section 52 of the Act is repealed.

464 Subsection 52(1) of the Act is replaced by the following:

Appeal — time limit

52 (1) An appeal of a decision must be brought to the General Division in the prescribed form and manner and within 90 days after the day on which the decision is communicated to the appellant.

465 Section 54 of the Act is replaced by the following:

Decision

54 (1) The General Division may dismiss the appeal or confirm, rescind or vary a decision of the Minister in whole or in part or give the decision that the Minister should have given.

Reasons

(2) The General Division may give a decision orally or in writing and must give reasons. Copies of the decision and reasons, written or, in the case of an oral decision and reasons, reduced to writing, must be sent to the appellant, the Minister and any other party.

466 The heading before section 55 of the Act is replaced by the following:

Appeal to Tribunal — Appeal Division

Decisions of Board of Appeal

467 The Act is amended by adding the following before section 55:

Appeal

54.1 Any decision of the Board of Appeal may be appealed to the Appeal Division by any person who is the subject of the decision and any other prescribed person.

Appeal — time limit

54.2 (1) The appeal must be brought to the Appeal Division in the prescribed form and manner and within 30 days after the day on which the decision and reasons are communicated in writing to the appellant.

Extension

(2) The Appeal Division may allow further time within which an appeal is to be brought, but in no case may an appeal be brought more than one year after the day on which the decision and reasons are communicated in writing to the appellant.

Grounds of appeal

54.3 The only grounds of appeal of a decision made by the Board of Appeal are that

(a) the Board of Appeal failed to observe a principle of natural justice or otherwise acted beyond or refused to exercise its jurisdiction;

(b) the Board of Appeal erred in law in making its decision, whether or not the error appears on the face of the record;

(c) the Board of Appeal based its decision on an erroneous finding of fact that it made in a perverse or capricious manner or without regard for the material before it; or

(d) a question of constitutional law remains to be determined.

New evidence — constitutional questions

54.4 If an appeal to the Appeal Division of a decision of the Board of Appeal is in respect of a question of constitutional law, the Appeal Division may hear new evidence in relation to the question.

Decision

54.5 (1) The Appeal Division may dismiss the appeal, give the decision that the Board of Appeal should have given, refer the matter back to the Board of Appeal for reconsideration in accordance with any directions that the Appeal Division considers appropriate or confirm, rescind or vary the decision of the Board of Appeal in whole or in part. The Appeal Division may make a decision on a question of constitutional law.

Reasons

(2) The Appeal Division must give its decision in writing, with reasons, and send copies of the decision and reasons to the appellant and any other party.

Decisions of General Division

468 Sections 56 and 57 of the Act are replaced by the following:

Leave

56 An appeal to the Appeal Division of a decision made by the Income Security Section may only be brought if leave to appeal is granted.

Appeal — Employment Insurance Section

57 (1) An appeal of a decision made by the Employment Insurance Section must be brought to the Appeal Division in the prescribed form and manner and within 30 days after the day on which the decision and reasons are communicated in writing to the appellant.

Appeal — Income Security Section

(1.1) An application for leave to appeal a decision made by the Income Security Section must be made to the Appeal Division in the prescribed form and manner and within 90 days after the day on which the decision and reasons are communicated in writing to the appellant.

Extension

(2) The Appeal Division may allow further time within which an appeal is to be brought or an application for leave to appeal is to be made, but in no case may an appeal be brought or an application be made more than one year after the day on which the decision and reasons are communicated in writing to the appellant.

469 Sections 56 and 57 of the Act are replaced by the following:

Leave

56 An appeal to the Appeal Division of a decision made by the General Division may only be brought if leave to appeal is granted.

Appeal — General Division

57 (1) An application for leave to appeal a decision made by the General Division must be made to the Appeal Division in the prescribed form and manner and within 90 days after the day on which the decision and reasons are communicated in writing to the appellant.

Extension

(2) The Appeal Division may allow further time within which an application for leave to appeal is to be made, but in no case may an application be made more than one year after the day on which the decision and reasons are communicated in writing to the appellant.

470 (1) Subsection 58(1) of the Act is repealed.

(2) Subsection 58(2) of the Act is repealed.

471 Section 58.1 of the Act is replaced by the following:

Leave to appeal — General Division

58.1 Leave to appeal a decision made by the General Division is to be granted if the application for leave to appeal

(a) raises an arguable case that the General Division failed to observe a principle of natural justice or otherwise acted beyond or refused to exercise its jurisdiction;

(b) raises an arguable case that the General Division erred in law, in fact or in mixed law and fact, in making its decision; or

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

Decision — leave to appeal

58.2 (1) The Appeal Division must either grant or refuse leave to appeal a decision made by the Income Security Section.

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

Decision — leave to appeal

58.2 (1) The Appeal Division must either grant or refuse leave to appeal a decision made by the General Division.

473 Section 58.3 of the Act is replaced by the following:

Hearing de novo — General Division

58.3 An appeal to the Appeal Division of a decision made by the General Division is to be heard and determined as a new proceeding.

474 (1) Subsection 59(1) of the Act is replaced by the following:

Decision

59 (1) The Appeal Division may dismiss the appeal, give the decision that the General Division should have given or confirm, rescind or vary the decision of the General Division in whole or in part. In the case of an appeal of a decision made by the Employment Insurance Section, the Appeal Division may also refer the matter back to the Board of Appeal for reconsideration in accordance with any directions that the Appeal Division considers appropriate.

(2) Subsection 59(1) of the Act is replaced by the following:

Decision

59 (1) The Appeal Division may dismiss the appeal, give the decision that the General Division should have given or confirm, rescind or vary the decision of the General Division in whole or in part.

475 Section 67 of the Act is replaced by the following:

Time limits

67 The Chairperson or a Vice-Chairperson may, in any particular case for special reasons, extend the time within which the Tribunal is required by regulation to make a decision under subsections 54(1), 54.5(1), 58.2(1) and 59(1).

476 The Act is amended by adding the following after section 68:

Access to documents and information by Appeal Division

68.01 On the request of the Appeal Division, the Board of Appeal must provide the Appeal Division with any documents and information that are necessary for the Appeal Division to decide an application or appeal.

477 The Act is amended by adding the following before section 69:

Commission

68.2 The Commission may, with the approval of the Governor in Council, make regulations with regard to the Board of Appeal respecting

(a) the quorum for a panel referred to in subsection 43.05(1);

(b) the appointment process for and conflicts of interest of members of the Board of Appeal referred to in paragraphs 43.03(1)(b) and (c);

(d) the procedure to be followed on applications made or appeals brought to the Board of Appeal;

(e) the circumstances under which information is deemed to have been communicated or received;

(f) the time within which the Board of Appeal must make a decision under subsection 43.13(1);

(g) any special reasons for the purposes of sections 43.14 or 43.15;

(h) the power to exclude any person from a hearing when oral evidence concerning a circumstance of sexual or other harassment is being given; and

(i) the form and manner that is to be prescribed by subsection 43.11(1).

478 (1) Paragraph 69(c) of the Act is replaced by the following:

(2) Paragraph 69(f) of the Act is replaced by the following:

(f) anything that is to be prescribed by subsection 52(1), section 54.1, subsection 54.2(1), section 55 and subsections 57(1) and (1.1).

(3) Paragraph 69(f) of the Act is replaced by the following:

(f) anything that is to be prescribed by subsection 52(1), section 54.1, subsection 54.2(1), section 55 and subsection 57(1).

Consequential Amendments

R.S, c. F-7; 2002, c. 8, s. 14

Federal Courts Act

479 Paragraph 28(1)(g.1) of the Federal Courts Act is replaced by the following:

(g.1) the Appeal Division of the Social Security Tribunal established under section 44 of the Department of Employment and Social Development Act, unless the decision is made under subsection 54.2(2) or 57(2) or section 58.2 of that Act or relates to an appeal respecting a decision relating to further time to make a request under subsection 43.11(2) or 52(2) of that Act, section 81 of the Canada Pension Plan, section 27.1 of the Old Age Security Act or section 112 of the Employment Insurance Act;

R.S., c. L-1

Labour Adjustment Benefits Act

480 (1) The definition Social Security Tribunal in subsection 2(1) of the Labour Adjustment Benefits Act is repealed.

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

Employment Insurance Board of Appeal means the Employment Insurance Board of Appeal established under subsection 43.01(1) of the Department of Employment and Social Development Act. (Conseil d’appel en assurance-emploi)

481 Subsections 13(6) and (7) of the Act are replaced by the following:

Reference to Employment Insurance Board of Appeal

(6) The Commission may at any time within 14 days after receiving an application under subsection (1) refer the application or a question arising from it to the Employment Insurance Board of Appeal for a decision on it.

Proceedings before Employment Insurance Board of Appeal

(7) If an application or question is referred to the Employment Insurance Board of Appeal under subsection (6), the Employment Insurance Board of Appeal must conduct its proceedings in respect of that application or question in accordance with the procedure for appeals under the Department of Employment and Social Development Act.

482 Subsection 31(2) of the Act is replaced by the following:

Appeal of Commission decision

(2) Any person may, at any time within 30 days after the day a decision of the Commission under this Act, other than subsection 14(2) or (3), is communicated to him or her, or within any further time that the Commission may in any particular case for special reason allow, appeal to the Employment Insurance Board of Appeal.

R.S., c. 1 (5th Supp.)

Income Tax Act

483 Paragraph 56(1)(l) of the Income Tax Act is amended by adding the following after subparagraph (ii):

(ii.1) reimbursement of costs incurred in relation to a decision of the Canada Employment Insurance Commission under the Employment Insurance Act, or to an appeal of such a decision to the Employment Insurance Board of Appeal under the Department of Employment and Social Development Act or to the Appeal Division of the Social Security Tribunal,

484 Paragraph 60(o) of the Act is amended by adding the following after subparagraph (ii):

(ii.1) a decision of the Canada Employment Insurance Commission under the Employment Insurance Act, an appeal of such a decision to the Employment Insurance Board of Appeal under the Department of Employment and Social Development Act or an appeal of such a decision to the Appeal Division of the Social Security Tribunal,

1996, c. 23

Employment Insurance Act

485 Section 113 of the Employment Insurance Act is replaced by the following:

Appeal to Employment Insurance Board of Appeal

113 A party who is dissatisfied with a decision of the Commission made under section 112, including a decision in relation to further time to make a request, may appeal the decision to the Employment Insurance Board of Appeal established under subsection 43.01(1) of the Department of Employment and Social Development Act.

486 (1) Subsection 114(1) of the Act is replaced by the following:

Payment of benefit pending appeal

114 (1) If a claim for benefits is allowed by the General Division of the Social Security Tribunal established under section 44 of the Department of Employment and Social Development Act or the Employment Insurance Board of Appeal established under subsection 43.01(1) of that Act, benefits are payable in accordance with the decision of the Tribunal or the Employment Insurance Board of Appeal, as the case may be, even though an appeal is pending, and any benefits paid under this section after the decision of the Tribunal or the Employment Insurance Board of Appeal, as the case may be, are to be treated as having been duly paid and are not recoverable from the claimant, even if the final determination of the question is adverse to the claimant.

(2) Subsection 114(1) of the Act is replaced by the following:

Payment of benefit pending appeal

114 (1) If a claim for benefits is allowed by the Employment Insurance Board of Appeal established under subsection 43.01(1) of the Department of Employment and Social Development Act, benefits are payable in accordance with the decision of the Employment Insurance Board of Appeal even though an appeal is pending, and any benefits paid under this section after the decision of the Employment Insurance Board of Appeal are to be treated as having been duly paid and are not recoverable from the claimant, even if the final determination of the question is adverse to the claimant.

(3) Paragraph 114(2)(a) of the Act is replaced by the following:

(a) if the appeal to the Appeal Division of the Social Security Tribunal was brought within 21 days after the day on which the decision of the General Division of the Social Security Tribunal or the Employment Insurance Board of Appeal, as the case may be, was given and on the ground that the claimant ought to be disentitled under section 36; and

(4) Paragraph 114(2)(a) of the Act is replaced by the following:

(a) if the appeal to the Appeal Division of the Social Security Tribunal was brought within 21 days after the day on which the decision of the Employment Insurance Board of Appeal was given and on the ground that the claimant ought to be disentitled under section 36; and

Transitional Provisions

Definitions

487 The following definitions apply in this section and sections 488 to 501.

Appeal Division means the Appeal Division of the Tribunal. (division d’appel)

Board of Appeal means the Employment Insurance Board of Appeal established under subsection 43.01(1) of the Department of Employment and Social Development Act. (Conseil d’appel)

Employment Insurance Section means the Employment Insurance Section of the General Division. (section de l’assurance-emploi)

General Division means the General Division referred to in section 44 of the Department of Employment and Social Development Act, as it read on the day on which this section comes into force. (division générale)

Tribunal means the Social Security Tribunal established under section 44 of the Department of Employment and Social Development Act. (Tribunal)

Full-time and part-time members

488 (1) Full-time members and part-time members of the Tribunal who, immediately before the day on which section 458 comes into force, are assigned to hear matters in the Employment Insurance Section become, respectively, full-time members and part-time members of the Board of Appeal on that day.

Vice-chairperson

(2) The Vice-chairperson of the Tribunal who, immediately before the day on which section 458 comes into force, is responsible for the Employment Insurance Section becomes a full-time member of the Board of Appeal on that day.

Power of Governor in Council

(3) On the recommendation of the Minister of Employment and Social Development made after the Minister has consulted with the Chairperson of the Tribunal and the Executive Head of the Board of Appeal, the Governor in Council may make an order specifying that, on a day that is specified in the order and that is before the day on which section 458 comes into force,

(a) the Vice-chairperson who is responsible for the Employment Insurance Section becomes a full-time member of the Board of Appeal; and

(b) a full-time member or part-time member of the Tribunal who is assigned to hear matters in the Employment Insurance Section becomes, respectively, a full-time member or part-time member of the Board of Appeal.

Members of Board of Appeal

489 (1) Each member of the Board of Appeal referred to in section 488

(a) on becoming a member, ceases to be a member of the Tribunal;

(b) subject to paragraph (d), continues in office for the remainder of the term for which they were appointed as a member of the Tribunal;

(c) for that term, is deemed to be appointed under paragraph 43.03(1)(a) of the Department of Employment and Social Development Act;

(d) despite subsection 43.03(1) of that Act, holds office during good behaviour for that term and may be removed for cause by the Governor in Council at any time during that term; and

(e) on the expiry of that term, is eligible to be reappointed under that subsection 43.03(1) to hold office at pleasure.

Vice-chairperson — remuneration

(2) On becoming a member of the Board of Appeal and for the remainder of the term referred to in paragraph (1)(b), a former Vice-chairperson of the Tribunal who was responsible for the Employment Insurance Section is entitled to the same remuneration as they received as Vice-chairperson.

No compensation

490 Despite the provisions of any contract, agreement or order, no former member of the General Division, including the former Vice-Chairperson responsible for the Employment Insurance Section, has any right to claim or receive any compensation, damages, indemnity or other form of relief from Her Majesty in right of Canada or from any employee or agent of Her Majesty for ceasing to hold office in the Tribunal, or for the abolition of that office, by the operation of this Division.

Application for leave to appeal

491 If an application for leave to appeal a decision made by the Employment Insurance Section is ongoing before the Appeal Division immediately before the day on which section 457 comes into force, the application for leave to appeal becomes a notice of appeal on that day. The notice of appeal is deemed to have been filed on the day on which the application for leave to appeal was filed.

Appeal of Employment Insurance Section decision

492 Any decision made by the Employment Insurance Section before the day on which section 458 comes into force may be appealed to the Appeal Division and sections 55, 57, 58 and 59 of the Department of Employment and Social Development Act, as those sections read on the day on which section 457 comes into force, apply in respect of the appeal.

Ongoing appeal of Employment Insurance Section decision

493 An appeal of a decision made by the Employment Insurance Section that is ongoing before the Appeal Division immediately before the day on which section 458 comes into force is to be dealt with in accordance with sections 57, 58 and 59 of the Department of Employment and Social Development Act, as those sections read on the day on which section 457 comes into force.

Question of constitutional law

494 The Appeal Division is not authorized under subsection 59(1) of the Department of Employment and Social Development Act, as it read on the day on which section 457 comes into force, to refer a question of constitutional law back to the Board of Appeal for reconsideration.

Ongoing appeal before Employment Insurance Section

495 An appeal that is ongoing before the Employment Insurance Section immediately before the day on which section 458 comes into force is deemed to be an appeal before the Board of Appeal under subsection 43.11(1) of the Department of Employment and Social Development Act on that day.

Board of Appeal access to documents and information

496 The Board of Appeal is entitled to access any documents and information of the Tribunal that are necessary for the Board of Appeal to decide an application or appeal.

Transfer of documents and information

497 The Tribunal must transfer to the Board of Appeal any documents and information that relate to appeals referred to in section 495.

Section 53 of Department of Employment and Social Development Act

498 Despite section 240 of the Budget Implementation Act, 2021, No. 1, if, on an appeal of a decision made by the Employment Insurance Section under section 53 of the Department of Employment and Social Development Act, as it read immediately before the day on which Division 20 of the Budget Implementation Act, 2021, No. 1 comes into force, the Appeal Division decides to refer a matter back to the Employment Insurance Section for reconsideration, the Appeal Division must refer the matter back to the Board of Appeal for reconsideration.

Section 241 of Budget Implementation Act, 2021, No. 1

499 (1) Section 241 of the Budget Implementation Act, 2021, No. 1 does not apply in respect of a decision in relation to the Employment Insurance Act under section 66 of the Department of Employment and Social Development Act, as it read immediately before the day on which Division 20 of the Budget Implementation Act, 2021, No. 1 comes into force, or in respect of an application under that section 66 in relation to the Employment Insurance Act that is ongoing immediately before the day on which section 457 comes into force.

Section 66 of Department of Employment and Social Development Act

(2) Any matter relating to a decision or an application referred to in subsection (1) is to be dealt with in accordance with section 66 of the Department of Employment and Social Development Act, as it read immediately before the day on which Division 20 of the Budget Implementation Act, 2021, No. 1 comes into force.

Employment Insurance Act

500 Subsections 114(1) and (2) of the Employment Insurance Act, as those subsections read on the day on which section 457 comes into force, continue to apply in relation to a claim for benefits that is allowed by the General Division before the day on which section 458 comes into force.

Labour Adjustment Benefits Act

501 (1) Subsection 13(7) of the Labour Adjustment Benefits Act, as it read immediately before the day on which section 457 comes into force, continues to apply — until the day on which section 458 comes into force — in respect of an application or a question that was referred to the General Division under subsection 13(6) of that Act before the day on which section 457 comes into force.

Ongoing application or question

(2) An application or a question that was referred to the General Division under subsection 13(6) of the Labour Adjustment Benefits Act and that is ongoing immediately before the day on which section 458 comes into force is deemed to be an application or a question referred to the Board of Appeal on that day.

Coming into Force

Order in council

502 (1) Sections 457 and 466 to 468, subsections 470(2), 472(1) and 474(1), sections 475 and 476, subsections 478(1) and (2), sections 479 to 485, subsections 486(1) and (3), sections 491, 494, 496, 498 and 499 and subsection 501(1) come into force on a day to be fixed by order of the Governor in Council, but that day must be after the day fixed under section 244 of the Budget Implementation Act, 2021, No. 1.

Order in council

(2) Sections 458 to 462, 464, 465 and 469, subsection 470(1), section 471, subsection 472(2), section 473, subsections 474(2), 478(3) and 486(2) and (4), sections 492, 493, 495, 497 and 500 and subsection 501(2) come into force on a day to be fixed by order of the Governor in Council, but that day must be after the day fixed under subsection (1).

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Date modified:: 2020-10-30