Bill
C-30
If you have any questions or comments regarding the accessibility of this publication, please contact us at accessible@parl.gc.ca.
First Reading
Second Reading
LEGISinfo
Bilingual view
XML
PDF
Skip to Document Navigation
Skip to Document Content
ENGLISHRECOMMENDATIONRECOMMENDATIONSUMMARYSUMMARYTABLE OF PROVISIONSTABLE OF PROVISIONS1 Short Title1 Short Title2 PART 1 Amendments to the Income Tax Act and Other Legislation2 PART 1 Amendments to the Income Tax Act and Other Legislation2 Income Tax Act2 Income Tax Act65 Excise Tax Act65 Excise Tax Act72 Air Travellers Security Charge Act72 Air Travellers Security Charge Act74 Excise Act, 200174 Excise Act, 200178 Greenhouse Gas Pollution Pricing Act78 Greenhouse Gas Pollution Pricing Act81 Income Tax Regulations81 Income Tax Regulations94 Canada Disability Savings Regulations94 Canada Disability Savings Regulations100 PART 2 GST/HST Measures100 PART 2 GST/HST Measures100 Excise Tax Act100 Excise Tax Act116 New Harmonized Value-added Tax System Regulations, No. 2116 New Harmonized Value-added Tax System Regulations, No. 2117 PART 3 Amendments to the Excise Act, 2001117 PART 3 Amendments to the Excise Act, 2001117 Excise Act, 2001117 Excise Act, 2001126 PART 4 Various Measures126 PART 4 Various Measures126 DIVISION 1 Stability and Efficiency of the Financial Sector126 DIVISION 1 Stability and Efficiency of the Financial Sector126 Canada Deposit Insurance Corporation Act126 Canada Deposit Insurance Corporation Act133 Payment Clearing and Settlement Act133 Payment Clearing and Settlement Act138 Budget Implementation Act, 2018, No. 1138 Budget Implementation Act, 2018, No. 1139 Coming into Force139 Coming into Force140 DIVISION 2 Unclaimed Amounts140 DIVISION 2 Unclaimed Amounts140 Bank of Canada Act140 Bank of Canada Act141 Pension Benefits Standards Act, 1985141 Pension Benefits Standards Act, 1985143 Trust and Loan Companies Act143 Trust and Loan Companies Act145 Bank Act145 Bank Act149 Coordinating Amendments149 Coordinating Amendments150 Coming into Force150 Coming into Force151 DIVISION 3 Budget Implementation Act, 2018, No. 2151 DIVISION 3 Budget Implementation Act, 2018, No. 2151 Amendments to the Act151 Amendments to the Act152 Coordinating Amendments152 Coordinating Amendments153 DIVISION 4 Sunset Provisions153 DIVISION 4 Sunset Provisions153 Trust and Loan Companies Act153 Trust and Loan Companies Act154 Bank Act154 Bank Act156 Insurance Companies Act156 Insurance Companies Act158 DIVISION 5 Canadian Securities Regulation Regime Transition Office Act158 DIVISION 5 Canadian Securities Regulation Regime Transition Office Act159 DIVISION 6 Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law)159 DIVISION 6 Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law)160 DIVISION 7 Proceeds of Crime (Money Laundering) and Terrorist Financing Act160 DIVISION 7 Proceeds of Crime (Money Laundering) and Terrorist Financing Act160 Amendments to the Act160 Amendments to the Act177 Coming into Force177 Coming into Force178 DIVISION 8 Retail Payment Activities Act178 DIVISION 8 Retail Payment Activities Act178 Enactment of Act178 Enactment of Act179 Related Amendments179 Related Amendments186 Coordinating Amendments186 Coordinating Amendments188 Coming into Force188 Coming into Force189 DIVISION 9 Pension Benefits Standards Act, 1985189 DIVISION 9 Pension Benefits Standards Act, 1985189 Amendments to the Act189 Amendments to the Act192 Coming into Force192 Coming into Force193 DIVISION 10 First Nations Fiscal Management Act193 DIVISION 10 First Nations Fiscal Management Act194 DIVISION 11 Federal-Provincial Fiscal Arrangements Act (Fiscal Stabilization Payments)194 DIVISION 11 Federal-Provincial Fiscal Arrangements Act (Fiscal Stabilization Payments)194 Amendments to the Act194 Amendments to the Act196 Transitional Provision196 Transitional Provision197 DIVISION 12 Federal-Provincial Fiscal Arrangements Act (Additional Health Payments)197 DIVISION 12 Federal-Provincial Fiscal Arrangements Act (Additional Health Payments)198 DIVISION 13 Canada’s COVID-19 Immunization Plan198 DIVISION 13 Canada’s COVID-19 Immunization Plan199 DIVISION 14 Canada Community-Building Fund199 DIVISION 14 Canada Community-Building Fund199 Additional Payments199 Additional Payments200 Keeping Canada’s Economy and Jobs Growing Act200 Keeping Canada’s Economy and Jobs Growing Act201 DIVISION 15 Hibernia Dividend Backed Annuity Agreement201 DIVISION 15 Hibernia Dividend Backed Annuity Agreement202 DIVISION 16 Nova Scotia and Newfoundland and Labrador Additional Fiscal Equalization Offset Payments Act202 DIVISION 16 Nova Scotia and Newfoundland and Labrador Additional Fiscal Equalization Offset Payments Act203 DIVISION 17 Telecommunications Act203 DIVISION 17 Telecommunications Act205 DIVISION 18 Canada Small Business Financing Act205 DIVISION 18 Canada Small Business Financing Act205 Amendments to the Act205 Amendments to the Act209 Coming into Force209 Coming into Force210 DIVISION 19 Customs Act210 DIVISION 19 Customs Act210 Amendments to the Act210 Amendments to the Act219 Coming into Force219 Coming into Force220 DIVISION 20 Canada–United States–Mexico Agreement Implementation Act220 DIVISION 20 Canada–United States–Mexico Agreement Implementation Act221 DIVISION 21 Social Security Tribunal221 DIVISION 21 Social Security Tribunal221 Department of Employment and Social Development Act221 Department of Employment and Social Development Act238 Consequential Amendment to the Federal Courts Act238 Consequential Amendment to the Federal Courts Act239 Transitional Provisions239 Transitional Provisions245 Coming into Force245 Coming into Force246 DIVISION 22 Canada Labour Code (Equal Remuneration Protection)246 DIVISION 22 Canada Labour Code (Equal Remuneration Protection)247 DIVISION 23 Canada Labour Code (Federal Minimum Wage)247 DIVISION 23 Canada Labour Code (Federal Minimum Wage)247 Amendments to the Act247 Amendments to the Act249 Coming into Force249 Coming into Force250 DIVISION 24 Canada Labour Code (Leave Related to the Death or Disappearance of a Child)250 DIVISION 24 Canada Labour Code (Leave Related to the Death or Disappearance of a Child)252 DIVISION 25 Payment to Quebec252 DIVISION 25 Payment to Quebec253 DIVISION 26 Judges Act253 DIVISION 26 Judges Act253 Amendment to the Act253 Amendment to the Act254 Transitional Provision254 Transitional Provision255 DIVISION 27 New Judicial Resources255 DIVISION 27 New Judicial Resources255 Federal Courts Act255 Federal Courts Act256 Judges Act256 Judges Act260 Tax Court of Canada Act260 Tax Court of Canada Act261 DIVISION 28 National Research Council Act261 DIVISION 28 National Research Council Act263 DIVISION 29 Department of Employment and Social Development Act263 DIVISION 29 Department of Employment and Social Development Act264 DIVISION 30 Student Loans and Apprentice Loans264 DIVISION 30 Student Loans and Apprentice Loans264 Canada Student Loans Act264 Canada Student Loans Act265 Canada Student Financial Assistance Act265 Canada Student Financial Assistance Act266 Apprentice Loans Act266 Apprentice Loans Act267 Coordinating Amendments267 Coordinating Amendments268 DIVISION 31 First Nations Elections268 DIVISION 31 First Nations Elections269 DIVISION 32 Increase to Old Age Security Pension and Payment269 DIVISION 32 Increase to Old Age Security Pension and Payment269 Old Age Security Act269 Old Age Security Act276 Payment276 Payment277 DIVISION 33 Public Service Employment Act277 DIVISION 33 Public Service Employment Act277 Amendments to the Act277 Amendments to the Act283 Transitional Provisions283 Transitional Provisions287 Coming into Force287 Coming into Force288 DIVISION 34 Early Learning and Child Care288 DIVISION 34 Early Learning and Child Care289 DIVISION 35 Benefits and Leave289 DIVISION 35 Benefits and Leave289 Canada Recovery Benefits Act289 Canada Recovery Benefits Act296 Canada Labour Code296 Canada Labour Code297 COVID-19 Response Measures Act297 COVID-19 Response Measures Act298 Canada Recovery Benefits Regulations298 Canada Recovery Benefits Regulations300 Canada Labour Standards Regulations300 Canada Labour Standards Regulations301 Coordinating Amendments301 Coordinating Amendments302 Coming into Force302 Coming into Force303 DIVISION 36 Benefits and Leave Related to Employment303 DIVISION 36 Benefits and Leave Related to Employment303 Employment Insurance Act303 Employment Insurance Act341 Canada Labour Code341 Canada Labour Code348 Employment Insurance Regulations348 Employment Insurance Regulations353 Employment Insurance (Fishing) Regulations353 Employment Insurance (Fishing) Regulations362 DIVISION 37 Canada Elections Act362 DIVISION 37 Canada Elections Act362 Amendments to the Act362 Amendments to the Act363 Application of Amendments363 Application of AmendmentsSCHEDULE 1SCHEDULE 1SCHEDULE 2SCHEDULE 2SCHEDULE 3SCHEDULE 3SCHEDULE 4SCHEDULE 4
Second Session, Forty-third Parliament,
69-70 Elizabeth II, 2020-2021
HOUSE OF COMMONS OF CANADA
BILL C-30
An Act to implement certain provisions of the budget tabled in Parliament on April 19, 2021 and other measures
Reprinted as amended by the Standing Committee on Finance as a working copy for the use of the House of Commons at Report Stage and as reported to the House on June 7, 2021
DEPUTY PRIME MINISTER AND MINISTER OF FINANCE
90997
RECOMMENDATION
His Excellency the Administrator of the Government of Canada recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled “An Act to implement certain provisions of the budget tabled in Parliament on April 19, 2021 and other measures”.
SUMMARY
Part 1 implements certain income tax measures by
(a) providing relieving measures in connection with COVID-19 in respect of the use by an employee of an employer-provided automobile for the 2020 and 2021 taxation years;
(b) limiting the benefit of the employee stock option deduction for employees of certain employers;
(c) providing an adjustment for payments or repayments of government assistance in determining capital cost allowance for certain zero-emission vehicles;
(d) expanding the scope of the foreign affiliate dumping rules to further their objectives;
(e) providing change in use rules for multi-unit residential properties;
(f) establishing rules for advanced life deferred annuities;
(g) providing for an option to deduct repaid emergency benefit amounts in the year of benefit receipt and clarifying the tax treatment of non-resident beneficiaries;
(h) removing the time limitation for a registered disability savings plan to remain registered after the cessation of a beneficiary’s eligibility for the disability tax credit and modifying grant and bond repayment obligations;
(i) increasing the basic personal amount for certain taxpayers;
(j) providing a temporary special reading of certain rules relating to the child care expense deduction and the disability supports deduction for the 2020 and 2021 taxation years;
(k) providing flow-through share issuers with temporary additional time to incur eligible expenses to be renounced to investors under their flow-through share agreements;
(l) applying the short taxation year rule to the accelerated investment incentive for resource expenditures;
(m) introducing the Canada Recovery Hiring Program refundable tax credit to support the post-pandemic recovery;
(n) amending the employee life and health trust rules to allow for the conversion of health and welfare trusts to employee life and health trusts;
(o) expanding access to the Canada Workers Benefit by revising the applicable eligibility thresholds for the 2021 and subsequent taxation years;
(p) amending the income tax measures providing support for Canadian journalism;
(q) clarifying the definition of shared-custody parent for the purposes of the Canada Child Benefit;
(r) revising the eligibility criteria, as well as the level of subsidization, under the Canada Emergency Wage Subsidy (CEWS) and Canada Emergency Rent Subsidy (CERS), extending the CEWS and the CERS until September 25, 2021, providing authority to enable the extension of these subsidies until November 30, 2021, and ensuring that the level of CEWS benefits for furloughed employees continues to align with the benefits provided through the Employment Insurance Act until August 28, 2021;
(s) preventing the use by mutual fund trusts of a method of allocating capital gains or income to their redeeming unitholders where the use of that method inappropriately defers tax or converts ordinary income into capital gains;
(t) extending the income tax deferral available for certain patronage dividends paid in shares by an agricultural cooperative corporation to payments made before 2026;
(u) limiting transfers of pensionable service into individual pension plans;
(v) establishing rules for variable payment life annuities;
(w) preventing listed terrorist entities under the Criminal Code from qualifying as registered charities and providing for the suspension or revocation of a charity’s registration where it makes false statements for the purpose of maintaining registration;
(x) ensuring the appropriate interaction of transfer pricing rules and other rules in the Income Tax Act;
(y) preventing non-resident taxpayers from avoiding Canadian dividend withholding tax on compensation payments made under cross-border securities lending arrangements with respect to Canadian shares;
(z) allowing for the electronic delivery of requirements for information to banks and credit unions;
(aa) improving existing rules meant to prevent taxpayers from using derivative transactions to convert ordinary income into capital gains;
(bb) extending to a wider array of eligible automotive equipment and vehicles the 100% capital cost allowance write-off for business investments in certain zero-emission vehicles;
(cc) ensuring that the accelerated investment incentive for depreciable property applies properly in particular circumstances; and
(dd) providing rules for contributions to a specified multi-employer plan for older members.
It also makes related and consequential amendments to the Excise Tax Act, the Air Travellers Security Charge Act, the Excise Act, 2001, the Greenhouse Gas Pollution Pricing Act, the Income Tax Regulations and the Canada Disability Savings Regulations.
Part 2 implements certain Goods and Services Tax/Harmonized Sales Tax (GST/HST) measures by
(a) temporarily relieving supplies of certain face masks and face shields from the GST/HST;
(b) ensuring that non-resident vendors supplying digital products or services (including traditional services) to consumers in Canada be required to register for the GST/HST and to collect and remit the tax on their taxable supplies to consumers in Canada;
(c) requiring distribution platform operators and non-resident vendors to register under the normal GST/HST rules and to collect and remit the GST/HST in respect of certain supplies of goods shipped from a fulfillment warehouse or another place in Canada;
(d) applying the GST/HST on all supplies of short-term accommodation in Canada facilitated through a digital platform;
(e) expanding the eligibility for the GST rebate for new housing;
(f) expanding the definition of freight transportation service for the purposes of the GST/HST;
(g) extending the application of the drop-shipment rules for the purposes of the GST/HST;
(h) treating virtual currency as a financial instrument for the purposes of the GST/HST; and
(i) clarifying the GST/HST holding corporation rules and expanding those rules to holding partnerships and trusts.
It also makes related and consequential amendments to the New Harmonized Value-added Tax System Regulations, No. 2.
Part 3 implements certain excise measures by increasing excise duty rates on tobacco products by $4.‍00 per carton of 200 cigarettes along with corresponding increases to the excise duty rates on other tobacco products.
Part 4 enacts an Act and amends several Acts in order to implement various measures.
Division 1 of Part 4 amends the Canada Deposit Insurance Corporation Act to, among other things,
(a) specify the steps that an assessor must follow when they review a determination of the Canada Deposit Insurance Corporation with respect to the payment of compensation to certain persons;
(b) clarify that the determination of whether or not persons are entitled to compensation is to be made in accordance with the regulations;
(c) prevent a person from taking certain actions in relation to certain agreements between the person and a federal member institution by reason only of a monetary default by that institution in the performance of obligations under those agreements if the default occurs in the period between the making of an order directing the conversion of that institution’s shares or liabilities and the occurrence of the conversion;
(d) require certain federal member institutions to ensure that certain provisions of that Act — or provisions that have substantially the same effect as those provisions — apply to certain eligible financial contracts, including those contracts that are subject to the laws of a foreign state;
(e) exempt eligible financial contracts between a federal member institution and certain entities, including Her Majesty in right of Canada, from a provision of that Act that prevents certain actions from being taken in relation to those contracts; and
(f) extend periods applicable to certain restructuring transactions for financial institutions.
It also amends the Payment Clearing and Settlement Act to
(a) specify the steps that an assessor must follow when they review a determination of the Bank of Canada with respect to the payment of compensation to certain persons or entities; and
(b) clarify that systems or arrangements for the exchange of payment messages for the purpose of clearing or settlement of payment obligations may be overseen by the Bank of Canada as clearing and settlement systems.
Finally, it amends not-in-force provisions of the Canada Deposit Insurance Corporation Act, enacted by the Budget Implementation Act, 2018, No. 1, so that, under certain circumstances, an error or omission that results in a failure to meet a requirement of the schedule to the Canada Deposit Insurance Corporation Act will not prevent a deposit from being considered a separate deposit.
Division 2 of Part 4 amends the Bank of Canada Act to authorize the Bank of Canada to publish certain information about unclaimed amounts.
It also amends the Pension Benefits Standards Act, 1985 with respect to the transfer of pension plan assets relating to the pension benefit credit of any person who cannot be located to, among other things,
(a) limit the circumstances in which such assets may be transferred and specify conditions for the transfer; and
(b) specify the effects of a transfer on any claims that may be made in respect of those assets.
Finally, it amends the Trust and Loan Companies Act and the Bank Act to
(a) include amounts that are not in Canadian currency in the unclaimed amounts regime; and
(b) impose additional requirements on financial institutions in connection with their transfers of unclaimed amounts to the Bank of Canada and communications with the owners of those amounts.
Division 3 of Part 4 amends the Budget Implementation Act, 2018, No. 2 to exclude certain businesses from the application of a provision of the Bank Act that it enacts, which allows certain agreements that have been entered into with banks to be cancelled.
Division 4 of Part 4 amends the Trust and Loan Companies Act, the Bank Act and the Insurance Companies Act to extend the period during which federal financial institutions governed by those Acts may carry on business to June 30, 2025.
Division 6 of Part 4 amends the Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law) to
(a) provide that the entities referred to in that Act are no longer required to disclose to the principal agency or body that supervises or regulates them the fact that they do not have in their possession or control any property of a foreign national who is the subject of an order or regulation made under that Act; and
(b) change the frequency with which those entities are required to disclose to the principal agency or body that supervises or regulates them the fact that they have such property in their possession or control from once a month to once every three months.
Division 7 of Part 4 amends the Proceeds of Crime (Money Laundering) and Terrorist Financing Act to
(a) extend the application of Part 1 of that Act to include persons and entities engaged in the business of transporting currency or certain other financial instruments;
(b) provide that the Financial Transactions and Reports Analysis Centre make assessments to be paid by persons or entities to which Part 1 applies, based on the amount of certain expenses incurred by the Centre, and to authorize the Governor in Council to make regulations respecting those assessments;
(c) amend the definitions of designated information to include certain information associated with virtual currency transactions and widely held or publicly traded trusts that the Centre can disclose to law enforcement or other governmental bodies;
(d) change the maximum penalties for summary conviction offences;
(e) expand the list of persons or entities that are not eligible for registration with the Centre; and
(f) make other technical amendments.
Division 8 of Part 4 enacts the Retail Payment Activities Act, which establishes an oversight framework for retail payment activities. Among other things, that Act requires certain payment service providers to identify and mitigate operational risks, safeguard end-user funds and register with the Bank of Canada. That Act also provides the Minister of Finance with powers to address risks related to national security that could be posed by payment service providers. This Division also makes related amendments to the Canada Deposit Insurance Corporation Act, the Proceeds of Crime (Money Laundering) and Terrorist Financing Act, the Financial Consumer Agency of Canada Act and the Payment Card Networks Act.
Division 9 of Part 4 amends the Pension Benefits Standards Act, 1985 to establish new requirements and grant new regulation-making powers to the Governor in Council with respect to negotiated contribution plans.
Division 10 of Part 4 amends the First Nations Fiscal Management Act to allow First Nations that are borrowing members of the First Nations Finance Authority to assign their rights to certain revenues payable by Her Majesty in right of Canada, for the purpose of securing financing for that Authority’s borrowing members.
Division 11 of Part 4 amends the Federal-Provincial Fiscal Arrangements Act to, among other things, increase the maximum amount of a fiscal stabilization payment that may be made to a province and to make technical changes to the calculation of fiscal stabilization payments.
Division 12 of Part 4 amends the Federal-Provincial Fiscal Arrangements Act to authorize additional payments to the provinces and territories.
Division 13 of Part 4 authorizes payments to be made out of the Consolidated Revenue Fund in relation to Canada’s COVID-19 immunization plan.
Division 14 of Part 4 authorizes payments to be made out of the Consolidated Revenue Fund in relation to infrastructure and amends the heading of Part 9 of the Keeping Canada’s Economy and Jobs Growing Act.
Division 15 of Part 4 authorizes amounts to be paid out of the Consolidated Revenue Fund, to a maximum total amount of $3,056,491,000, for annual payments to Newfoundland and Labrador in accordance with the terms and conditions of the Hibernia Dividend Backed Annuity Agreement.
Division 16 of Part 4 amends the Nova Scotia and Newfoundland and Labrador Additional Fiscal Equalization Offset Payments Act to authorize the Minister of Finance to make an additional fiscal equalization offset payment to Nova Scotia for the 2020–2021 fiscal year and to extend that Minister’s authority to make additional fiscal equalization offset payments to Nova Scotia until March 31, 2023.
Division 17 of Part 4 amends the Telecommunications Act to provide that decisions made by the Canadian Radio-television and Telecommunications Commission on whether or not to allocate funding to expand access to telecommunications services in underserved areas are not subject to review under section 12 or 62 of that Act but are subject to review by the Commission on its own initiative. It also amends that Act to provide for the exchange of information within the federal government and with provincial governments for the purpose of coordinating financial support for access to telecommunications services in underserved areas.
Division 18 of Part 4 amends the Canada Small Business Financing Act to, among other things,
(a) specify that lines of credit are loans;
(b) set a limit on the liability of the Minister of Small Business and Tourism in respect of each lender for lines of credit;
(c) remove the restriction excluding not-for-profit businesses, charitable businesses and businesses having as their principal object the furtherance of a religious purpose as eligible borrowers;
(d) increase the maximum amount of all loans that may be made in relation to a borrower under that Act; and
(e) provide that lesser maximum loan amounts may be prescribed by regulation for loans other than lines of credit, lines of credit and prescribed classes of loans.
Division 19 of Part 4 amends the Customs Act to change certain rules respecting the correction of declarations made under section 32.‍2 of that Act, the payment of interest due to Her Majesty and securities required under that Act, and to define the expression “sold for export to Canada” for the purposes of Part III of that Act.
Division 20 of Part 4 amends the Canada–United States–Mexico Agreement Implementation Act to require the concurrence of the Minister of Finance when the Minister designated for the purposes of section 16 of that Act appoints panellists and committee members and proposes the names of individuals for rosters under Chapter 10 of the Canada–United States–Mexico Agreement.
Division 21 of Part 4 amends Part 5 of the Department of Employment and Social Development Act to make certain reforms to the Social Security Tribunal, including
(a) changing the criteria for granting leave to appeal and introducing a de novo model for appeals of decisions of the Income Security Section at the Appeal Division;
(b) giving the Governor in Council the authority to prescribe the circumstances in which hearings may be held in private; and
(c) giving the Chairperson of the Social Security Tribunal the authority to make rules of procedure governing appeals.
Division 22 of Part 4 amends the definition of “previous contractor” in Part I of the Canada Labour Code in order to extend equal remuneration protection to employees who are covered by a collective agreement and who work for an employer that
(a) provides services at an airport to another employer in the air transportation industry; or
(b) provides services to another employer in another industry and at other locations that may be prescribed by regulation.
Division 23 of Part 4 amends Part III of the Canada Labour Code to establish a federal minimum wage of $15 per hour and to provide that if the minimum wage of a province or territory is higher than the federal minimum wage, the employer is to pay a minimum wage that is not less than that higher minimum wage. It also provides that, except in certain circumstances, the federal minimum wage per hour is to be adjusted upwards annually on the basis of the Consumer Price Index for Canada.
Division 24 of Part 4 amends the provisions of the Canada Labour Code respecting leave related to the death or disappearance of a child in cases in which it is probable that the child died or disappeared as a result of a crime, in order to, among other things,
(a) increase the maximum length of leave for a parent of a child who has disappeared from 52 weeks to 104 weeks;
(b) extend eligibility to parents of children who are 18 years of age or older but under 25 years of age; and
(c) limit the exception that applies in the case of a parent of a child who has died as a result of a crime if it is probable that the child was a party to the crime so that the exception applies only with respect to a child who is 14 years of age or older.
Division 25 of Part 4 authorizes the Minister of Employment and Social Development to make a one-time payment to Quebec for the purpose of offsetting some of the costs of aligning the Quebec Parental Insurance Plan with temporary measures set out in Part VIII.‍5 of the Employment Insurance Act.
Division 26 of Part 4 amends the Judges Act to provide that, if the Canadian Judicial Council recommends that a judge be removed from judicial office, the time counted towards the judge’s pension entitlements will be frozen and their pension contributions will be suspended, as of the day on which the recommendation is made. If the recommendation is rejected, the judge’s pension contributions will resume, the time counted towards their pension entitlement will include the suspension period and the judge will be required to make all the contributions that would have been required had the contributions never been suspended.
Division 27 of Part 4 amends the Federal Courts Act and the Tax Court of Canada Act to increase the number of judges for the Federal Court of Appeal by one and the number of judges for the Tax Court of Canada by two. It also amends the Judges Act to authorize the salary for the new Associate Chief Justice for the Trial Division of the Supreme Court of Newfoundland and Labrador and the salaries for the following new judges: five judges for the Ontario Superior Court of Justice, two judges for the Supreme Court of British Columbia and two judges for the Court of Queen’s Bench for Saskatchewan.
Division 28 of Part 4 amends the National Research Council Act to provide the National Research Council of Canada with the authority to engage in the production of “drugs” or “devices”, as those terms are defined in the Food and Drugs Act, for the purpose of protecting or improving public health. It also amends that Act to provide authority for the incorporation of corporations and the acquisition of shares in corporations.
Division 29 of Part 4 amends the Department of Employment and Social Development Act in relation to the collection and use of Social Insurance Numbers by the Minister of Labour.
Division 30 of Part 4 amends the Canada Student Loans Act to provide that, during the period that begins on April 1, 2021 and ends on March 31, 2023, no interest is payable by a borrower on a guaranteed student loan.
It also amends the Canada Student Financial Assistance Act to provide that, during the period that begins on April 1, 2021 and ends on March 31, 2023, no interest is payable by a borrower on a student loan.
Finally, it amends the Apprentice Loans Act to provide that, during the period that begins on April 1, 2021 and ends on March 31, 2023, no interest is payable by a borrower on an apprentice loan.
Division 31 of Part 4 confirms the validity of certain regulations in relation to the cancellation or postponement of certain First Nations elections.
Division 32 of Part 4 amends the Old Age Security Act to increase the Old Age Security pension payable to individuals aged 75 and over by 10%. It also provides that any amount payable in relation to a program to provide a one-time payment of $500 to pensioners who are 75 years of age or older may be paid out of the Consolidated Revenue Fund.
Division 33 of Part 4 amends the Public Service Employment Act to, among other things,
(a) require that the establishment and review of qualification standards and the use of assessment methods in respect of appointments include an evaluation of whether there are biases or barriers that disadvantage persons belonging to any equity-seeking group;
(b) provide that audits and investigations may include the determination of whether there are biases or barriers that disadvantage persons belonging to any equity-seeking group; and
(c) give permanent residents the same preference as Canadian citizens in external advertised appointment processes.
Division 34 of Part 4 authorizes the making of payments to the provinces for early learning and child care for the fiscal year beginning on April 1, 2021.
Division 35 of Part 4 amends the Canada Recovery Benefits Act to, among other things,
(a) provide that the maximum number of two-week periods in respect of which a Canada recovery benefit is payable is 25;
(b) reduce the amount of a Canada recovery benefit for a week to $300 in certain circumstances;
(c) provide that certain persons who were paid benefits under the Employment Insurance Act are eligible to be paid a Canada recovery benefit in certain circumstances;
(d) provide that the maximum number of weeks in respect of which a Canada recovery caregiving benefit is payable is 42; and
(e) provide that the Governor in Council may, by regulation, on the recommendation of the Minister of Employment and Social Development and the Minister of Finance, amend certain provisions of that Act to replace the date of September 25, 2021 by a date not later than November 20, 2021.
It also amends the Canada Labour Code to provide that the maximum number of weeks of leave for COVID-19 related caregiving responsibilities is 42.
Finally, it repeals provisions of the Canada Recovery Benefits Regulations and the Canada Labour Standards Regulations.
Division 36 of Part 4 amends the Employment Insurance Act to, among other things,
(a) facilitate access to unemployment benefits for a period of one year by
(i) reducing the number of hours of insurable employment required to qualify for unemployment benefits to a national threshold of 420 hours,
(ii) reducing the amount of earnings from self-employment that a self-employed person is required to have to be eligible to access special unemployment benefits,
(iii) providing that only a claimant’s most recent separation from employment will be considered in determining whether they qualify for unemployment benefits,
(iv) ensuring that earnings paid to a person because of the complete severance of their relationship with their former employer do not extend the person’s benefit period, and
(v) providing for an increase in the maximum number of weeks for which regular unemployment benefits may be paid to a seasonal worker if certain conditions are met; and
(b) extend the maximum number of weeks for which benefits may be paid because of a prescribed illness, injury or quarantine from 15 to 26.
It also amends the Canada Labour Code to, among other things, extend to 27 the maximum number of weeks to which an employee is entitled for a medical leave of absence from employment.
It also amends the Employment Insurance Regulations to, among other things, ensure that, for a period of one year, earnings paid to a person because of the complete severance of their relationship with their former employer do not extend the person’s benefit period or delay payment of benefits to the person.
Finally, it amends the Employment Insurance (Fishing) Regulations to, among other things, reduce, for a period of one year, the amount of earnings that a fisher is required to have to qualify for unemployment benefits.
Division 37 of Part 4 amends the Canada Elections Act to provide that the offences related to the prohibition on making or publishing certain false statements with the intention of affecting the results of an election require that the person or the entity making or publishing the statement knows that the statement in question is false.
Available on the House of Commons website at the following address:
www.ourcommons.ca
TABLE OF PROVISIONS
An Act to implement certain provisions of the budget tabled in Parliament on April 19, 2021 and other measures
Short Title
1 
Budget Implementation Act, 2021, No. 1
PART 1 
Amendments to the Income Tax Act and Other Legislation
2 
PART 2 
GST/HST Measures
100 
PART 3 
Amendments to the Excise Act, 2001
117 
PART 4 
Various Measures
DIVISION 1 
Stability and Efficiency of the Financial Sector
126 
DIVISION 2 
Unclaimed Amounts
140 
DIVISION 3 
Budget Implementation Act, 2018, No. 2
151 
DIVISION 4 
Sunset Provisions
153 
DIVISION 5 
Canadian Securities Regulation Regime Transition Office Act
158 
[Deleted]
DIVISION 6 
Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law)
159 
DIVISION 7 
Proceeds of Crime (Money Laundering) and Terrorist Financing Act
160 
DIVISION 8 
Retail Payment Activities Act
178 
Enactment of Act
An Act Respecting Retail Payment Activities
Short Title
1 
Retail Payment Activities Act
Interpretation
2 
Definitions
3 
Affiliation
Application
General
4 
Payment service providers in Canada
5 
Payment service providers outside of Canada
Non-application
6 
Retail payment activities
7 
Designated systems
8 
Internal transactions
9 
Payment service providers
10 
Agents and mandataries
11 
Governor’s orders
PART 1 
Bank and Minister
12 
Objects
13 
Agreements and arrangements
14 
Guidelines — Bank
15 
Delegation of Governor’s powers, duties and functions
16 
No liability if in good faith — Bank
PART 2 
Operational and Financial Measures
Operational Risk Management and Incident Response
17 
Framework
18 
Requirement to notify
19 
Follow-up notices
Safeguarding of Funds
20 
Accounts
Provision of Information
21 
Annual report
22 
Notice — significant change or new activity
PART 3 
Registration
General
23 
Registration required
24 
New application — acquisition of control
25 
Duty to register
26 
Registry
27 
List of refusals and revocations
28 
Execution of documents
Applications for Registration
29 
Form, manner and information
30 
Notice of change in information
31 
Duty to notify and provide information
National Security Review
32 
Designation
33 
Copy of application
34 
Review of application
35 
Prohibition on registration
36 
Timeline for review of application
37 
Prohibition on registration
38 
Notice to Bank
39 
Additional information
40 
Directive to refuse registration
41 
Review of directive
42 
Undertakings
43 
Conditions
44 
Copy to Bank
45 
Notice of intent to issue directive to revoke registration
46 
Review of notice of intent
47 
Review not requested
Refusal to Register
48 
Refusal to register
49 
Directive to refuse to register
50 
Review by Governor
51 
Notice to Centre
Revocation of Registration
52 
Notice of intent to revoke registration
53 
Review of notice of intent
54 
Review not requested
55 
Revocation of registration for non-payment of penalty
56 
Directed revocation of registration
57 
Notice to Centre
Appeal to Federal Court
58 
Right of appeal
Provision of Information
59 
Notice of change in information
60 
Notice of change in prescribed information
61 
False or misleading information
PART 4 
Confidentiality of Information
62 
Information obtained by Bank
63 
Information obtained by Minister
64 
Evidentiary privilege
PART 5 
Administration and Enforcement
Bank’s Powers
65 
Information request — payment service provider
66 
Information request — individual or entity
67 
Special audit
68 
Designation
69 
Powers — authorized person
70 
Warrant to enter dwelling-house
71 
Compliance agreement
Minister’s Powers
72 
Designation
73 
Information request — individual or entity
74 
Powers — authorized person
75 
Warrant to enter dwelling-house
Administrative Monetary Penalties
Notices of Violation and Compliance Agreements
76 
Commission of violation
77 
Contents of notice
78 
Payment of penalty
79 
Contents of compliance agreement
80 
Deemed violation
81 
Compliance agreement complied with
82 
Compliance agreement not complied with
83 
Application for review
84 
Right of appeal
Rules About Violations
85 
Violations not offences
86 
Due diligence available
87 
Liability
Recovery of Debts
88 
Debts due to Her Majesty
89 
Certificate
General
90 
Limitation or prescription period
91 
Certification by Bank
92 
Evidence
93 
Publication
Compliance Orders
94 
Governor’s orders
95 
Court enforcement
National Security
96 
National security order
97 
Copy to Bank
98 
Court enforcement
PART 6 
Assessment Fees
99 
Bank to ascertain expenses
100 
Information request
PART 7 
Regulations
101 
Regulations
102 
Statutory Instruments Act
PART 8 
Transitional Provisions
103 
Definition of transition period
104 
Application required
105 
Prescribed periods
106 
Prohibition on disclosure of outcome of application
107 
Exception to subsection 62(1)
108 
Non-application of section 23
DIVISION 9 
Pension Benefits Standards Act, 1985
189 
DIVISION 10 
First Nations Fiscal Management Act
193 
DIVISION 11 
Federal-Provincial Fiscal Arrangements Act (Fiscal Stabilization Payments)
194 
DIVISION 12 
Federal-Provincial Fiscal Arrangements Act (Additional Health Payments)
197 
DIVISION 13 
Canada’s COVID-19 Immunization Plan
198 
DIVISION 14 
Canada Community-Building Fund
199 
DIVISION 15 
Hibernia Dividend Backed Annuity Agreement
201 
DIVISION 16 
Nova Scotia and Newfoundland and Labrador Additional Fiscal Equalization Offset Payments Act
202 
DIVISION 17 
Telecommunications Act
203 
DIVISION 18 
Canada Small Business Financing Act
205 
DIVISION 19 
Customs Act
210 
DIVISION 20 
Canada–United States–Mexico Agreement Implementation Act
220 
DIVISION 21 
Social Security Tribunal
221 
DIVISION 22 
Canada Labour Code (Equal Remuneration Protection)
246 
DIVISION 23 
Canada Labour Code (Federal Minimum Wage)
247 
DIVISION 24 
Canada Labour Code (Leave Related to the Death or Disappearance of a Child)
250 
DIVISION 25 
Payment to Quebec
252 
DIVISION 26 
Judges Act
253 
DIVISION 27 
New Judicial Resources
255 
DIVISION 28 
National Research Council Act
261 
DIVISION 29 
Department of Employment and Social Development Act
263 
DIVISION 30 
Student Loans and Apprentice Loans
264 
DIVISION 31 
First Nations Elections
268 
DIVISION 32 
Increase to Old Age Security Pension and Payment
269 
DIVISION 33 
Public Service Employment Act
277 
DIVISION 34 
Early Learning and Child Care
288 
DIVISION 35 
Benefits and Leave
289 
DIVISION 36 
Benefits and Leave Related to Employment
303 
DIVISION 37 
Canada Elections Act
362 
SCHEDULE 1 
SCHEDULE 2 
SCHEDULE 3 
SCHEDULE 4 
2nd Session, 43rd Parliament, 
69-70 Elizabeth II, 2020-2021
HOUSE OF COMMONS OF CANADA
BILL C-30
An Act to implement certain provisions of the budget tabled in Parliament on April 19, 2021 and other measures
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Short Title
Short title
1 This Act may be cited as the Budget Implementation Act, 2021, No. 1.
PART 1 
Amendments to the Income Tax Act and Other Legislation
R.‍S.‍, c. 1 (5th Supp.‍)
Income Tax Act
2 Section 6 of the Income Tax Act is amended by adding the following after subsection (2.‍1):
COVID-19 — automobile operating expense benefit
(2.‍2) If a taxpayer met the condition in subparagraph (iv) of the description of A in paragraph (1)‍(k) for the 2019 taxation year in respect of the use of an automobile made available to the taxpayer, or to a person related to the taxpayer, by an employer (within the meaning assigned by subsection (2)), then for the purpose of applying paragraph (1)‍(k) in respect of an automobile provided by that employer in 2020 or 2021 (referred to in this subsection as the “relevant year”), the amount determined for A in paragraph (1)‍(k) in respect of the automobile for the relevant year is deemed to be the lesser of
(a) ½ of the amount determined under subparagraph (1)‍(e)‍(i) in respect of the automobile for the relevant year, and
(b) the amount determined under subparagraph (v) of the description of A in paragraph (1)‍(k) in respect of the automobile for the relevant year.
COVID-19 — reasonable standby charge
(2.‍3) A taxpayer is deemed to meet the condition in subparagraph (a)‍(ii) of the description of A in subsection (2) in respect of an employer (within the meaning assigned by subsection (2)) for the 2020 or 2021 taxation year if the taxpayer met the conditions in subparagraphs (a)‍(i) and (ii) of the description of A in subsection (2) for the 2019 taxation year in respect of an automobile made available to the taxpayer, or to a person related to the taxpayer, by that employer.
3 (1) The portion of subsection 7(7) of the Act before the first definition is replaced by the following:
Definitions
(7) The following definitions apply in this section and in subsection 47(3), paragraph 53(1)‍(j), subsection 110(0.‍1), paragraphs 110(1)‍(d), (d.‍01) and (e) and subsections 110(1.‍1) to (1.‍9) and (2.‍1).
(2) Subsection (1) comes into force or is deemed to have come into force on July 1, 2021.
4 (1) Clause (B) of the description of B in subparagraph 13(7)‍(i)‍(ii) of the Act is replaced by the following:
(B) in any other case, the amount determined for C, and
(2) The description of C in subparagraph 13(7)‍(i)‍(ii) of the Act is replaced by the following:
C
is the amount determined by the formula
D + (E + F) − (G + H)
where
D
is the cost to the taxpayer of the vehicle,
E
is the amount determined under paragraph (7.‍1)‍(d) in respect of the vehicle at the time of disposition,
F
is the maximum amount determined for C in the definition undepreciated capital cost in subsection (21) in respect of the vehicle,
G
is the amount determined under paragraph (7.‍1)‍(f) in respect of the vehicle at the time of disposition, and
H
is the maximum amount determined for J in the definition undepreciated capital cost in subsection (21) in respect of the vehicle.
(3) Subsections (1) and (2) apply in respect of dispositions made after July 29, 2019.
5 (1) Subsection 17.‍1(2) of the Act is replaced by the following:
Acquisition of control
(2) If at any time a parent or group of parents referred to in section 212.‍3 acquires control of a CRIC and the CRIC was not controlled by a non-resident person, or a group of non-resident persons not dealing with each other at arm’s length, immediately before that time, no amount is to be included under subsection (1) in computing the income of the CRIC in respect of a pertinent loan or indebtedness (as defined in subsection 212.‍3(11)) for the period that begins at that time and ends on the day that is 180 days after that time.
(2) Subsection (1) applies in respect of transactions or events that occur after March 18, 2019.
6 (1) Subsection 45(2) of the Act is replaced by the following:
Election where change of use
(2) For the purposes of this Subdivision and section 13, if a taxpayer elects in respect of any property of the taxpayer in the taxpayer’s return of income for a taxation year under this Part,
(a) if subparagraph (1)‍(a)‍(i) or paragraph 13(7)‍(b) would otherwise apply to the property for the taxation year, the taxpayer is deemed not to have begun to use the property for the purpose of gaining or producing income;
(b) if subparagraph (1)‍(c)‍(ii) or 13(7)‍(d)‍(i) would otherwise apply to the property for the taxation year, the taxpayer is deemed not to have increased the use regularly made of the property for the purpose of gaining or producing income relative to the use regularly made of the property for other purposes; and
(c) if the taxpayer rescinds the election in respect of the property in the taxpayer’s return of income under this Part for a subsequent taxation year,
(i) if paragraph (a) applied to the taxpayer in the taxation year, the taxpayer is deemed to have begun to use the property for the purpose of gaining or producing income on the first day of the subsequent taxation year, and
(ii) if paragraph (b) applied to the taxpayer in the taxation year, the taxpayer is deemed to have increased the use regularly made of the property for the purpose of gaining or producing income on the first day of the subsequent taxation year by the amount that would have been the increase in the taxation year if the election had not been made.
(2) The portion of subsection 45(3) of the Act before paragraph (a) is replaced by the following:
Election concerning principal residence
(3) If at any time a property that was acquired by a taxpayer for the purpose of gaining or producing income, or that was acquired in part for that purpose, ceases in whole or in part to be used for that purpose and becomes, or becomes part of, the principal residence of the taxpayer, paragraphs (1)‍(a) and (c) shall not apply to deem the taxpayer to have disposed of the property at that time and to have reacquired it immediately thereafter if the taxpayer so elects by notifying the Minister in writing on or before the earlier of
(3) Subsections (1) and (2) apply in respect of changes in the use of property that occur after March 18, 2019.
7 (1) Paragraph 56(1)‍(d) of the Act is amended by striking out “or” at the end of subparagraph (ii), by adding “or” at the end of subparagraph (iii) and by adding the following after subparagraph (iii):
(iv) described in subsection 146.‍5(3) that is not required by that subsection to be included in the taxpayer’s income;
(2) Subparagraph 56(1)‍(r)‍(iv) of the Act is replaced by the following:
(iv) financial assistance provided under a program established by a government, or government agency, in Canada that provides income replacement benefits similar to income replacement benefits provided under a program established under the Employment Insurance Act, other than amounts referred to in subparagraph (iv.‍1),
(iv.‍1) financial assistance provided under
(A) the Canada Emergency Response Benefit Act,
(B) Part VIII.‍4 of the Employment Insurance Act,
(C) the Canada Emergency Student Benefit Act,
(D) the Canada Recovery Benefits Act, or
(E) a program established by a government, or government agency, of a province, that provides income replacement benefits similar to income replacement benefits provided under a program established under an Act referred to in any of clauses (A) to (D), or
(3) Subsection 56(1) of the Act is amended by striking out “and” at the end of paragraph (z.‍3), by adding “and” at the end of paragraph (z.‍4) and by adding the following after paragraph (z.‍4):
Advanced life deferred annuity
(z.‍5) any amount required by section 146.‍5 to be included in computing the taxpayer’s income for the year.
(4) Subsections (1) to (3) are deemed to have come into force on January 1, 2020.
8 (1) Subparagraph 60(l)‍(v) of the Act is amended by adding the following after clause (A.‍1):
(A.‍2) the amount included by subsection 146.‍5(3) in computing the taxpayer’s income for the year as a payment received by the taxpayer as a consequence of the death of an individual who was
(I) immediately before the death, the spouse or common-law partner of the taxpayer, or
(II) a parent or grandparent of the taxpayer, if, immediately before the death, the taxpayer was financially dependent on the individual for support because of mental or physical infirmity,
(2) Section 60 of the Act is amended by adding the following after paragraph (v.‍2):
COVID-19 – other benefit repayments
(v.‍3) any benefit repaid by the taxpayer before 2023 to the extent that the amount of the benefit was included in computing the taxpayer’s income for the year under any of clauses 56(1)‍(r)‍(iv.‍1)‍(A) to (D), except to the extent that the amount is
(i) deducted in computing the taxpayer’s income for any year under paragraph (n), or
(ii) deductible in computing the taxpayer’s income for any year under paragraph (v.‍2);
(3) Subsections (1) and (2) are deemed to have come into force on January 1, 2020.
9 (1) The definition specified RDSP payment in subsection 60.‍02(1) of the Act is amended by striking out “and” at the end of paragraph (c), by adding “and” at the end of paragraph (d) and by adding the following after paragraph (d):
(e) if the eligible individual is not a DTC-eligible individual (as defined in subsection 146.‍4(1)), is made not later than the end of the fourth taxation year following the first taxation year throughout which the beneficiary is not a DTC-eligible individual. (paiement de REEI déterminé)
(2) Subsection (1) is deemed to have come into force on March 19, 2019.
10 (1) Paragraph (b) of the definition eligible child in subsection 63(3) of the Act is replaced by the following:
(b) a child dependent on the taxpayer or the taxpayer’s spouse or common-law partner for support and whose income for the year does not exceed the amount determined for F in subsection 118(1.‍1) for the year
(2) Section 63 of the Act is amended by adding the following after subsection (3):
COVID-19 – child care expenses
(3.‍1) For the purpose of applying this section in respect of a taxpayer for the 2020 or 2021 taxation year,
(a) the definition child care expense in subsection (3) is to be read without reference to its paragraph (a) if at any time in the year the taxpayer was entitled to an amount referred to in subparagraph 56(1)‍(a)‍(iv) or (vii) or paragraph 56(1)‍(r), in respect of the year; and
(b) paragraph (b) of the definition earned income in subsection (3) is to be read as follows:
(b) all amounts that are included, or that would, but for paragraph 81(1)‍(a) or subsection 81(4), be included, because of section 6 or 7, subparagraph 56(1)‍(a)‍(iv) or (vii) or paragraph 56(1)‍(n), (n.‍1), (o) or (r), in computing the taxpayer’s income,
(3) Subsection (1) applies to the 2020 and subsequent taxation years.
(4) Subsection (2) is deemed to have come into force on January 1, 2020.
11 (1) The Act is amended by adding the following after section 64:
COVID-19 – disability supports deduction
64.‍01 For the purpose of applying section 64 in respect of a taxpayer for the 2020 or 2021 taxation year,
(a) the description of A in paragraph 64(a) is to be read without reference to its subparagraph (i) if at any time in the year the taxpayer was entitled to an amount referred to in subparagraph 56(1)‍(a)‍(iv) or (vii) or paragraph 56(1)‍(r), in respect of the year; and
(b) clause 64(b)‍(i)‍(A) is to be read as follows:
(A) an amount included under section 5, 6 or 7, subparagraph 56(1)‍(a)‍(iv) or (vii) or paragraph 56(1)‍(n), (o) or (r) in computing the taxpayer’s income for the year, or
(2) Subsection (1) is deemed to have come into force on January 1, 2020.
12 (1) Section 66 of the Act is amended by adding the following after subsection (12.‍6):
COVID-19 – time extension to 36 months
(12.‍6001) The references to “24 months” in subsections (12.‍6) and (12.‍62) are to be read as references to “36 months” in respect of agreements entered into after February 2018 and before 2021.
(2) Section 66 of the Act is amended by adding the following after subsection (12.‍73):
COVID-19 – agreements in 2019 or 2020
(12.‍731) If an agreement is entered into in 2019 or 2020 by a corporation to issue flow-through shares of the corporation,
(a) the reference in subparagraph (12.‍73)‍(a)‍(ii) to “at the end of the year” is to be read as a reference to “at the end of the subsequent year”; and
(b) the reference in paragraph (12.‍73)‍(c) to “before March of the calendar year” is to be read as a reference to “before March of the second calendar year”.
(3) Subsection 66(13.‍1) of the Act is replaced by the following:
Short taxation year
(13.‍1) If a taxpayer has a taxation year that is less than 51 weeks, the amount determined in respect of the year under each of subparagraph (4)‍(b)‍(i), paragraphs 66.‍2(2)‍(c) and (d), subparagraph (b)‍(i) of the definition global foreign resource limit in subsection 66.‍21(1), subparagraph 66.‍21(4)‍(a)‍(i), clause 66.‍21(4)‍(a)‍(ii)‍(B) and paragraphs 66.‍4(2)‍(b) and (c) and 66.‍7(2.‍3)‍(a), (4)‍(a) and (5)‍(a) shall not exceed that proportion of the amount otherwise determined that the number of days in the year is of 365.
(4) Subsection (3) applies to taxation years that end after July 30, 2019.
13 (1) Paragraph 87(2)‍(g.‍6) of the Act is replaced by the following:
COVID-19 – emergency subsidies
(g.‍6) for the purposes of section 125.‍7, the new corporation is deemed to be the same corporation as, and a continuation of, each predecessor corporation unless it is reasonable to consider that one of the main purposes of the amalgamation is to cause the new corporation to qualify for the deemed overpayment under any of subsections 125.‍7(2) to (2.‍2) or to increase the amount of that deemed overpayment;
(2) Subsection 87(2) of the Act is amended by adding the following after paragraph (g.‍6):
COVID-19 — automobile benefits
(g.‍7) for the purposes of subsections 6(2.‍2) and (2.‍3), the new corporation is deemed to be the same corporation as, and a continuation of, each predecessor corporation;
(3) Subsection 87(2) of the Act is amended by adding the following after paragraph (j.‍96):
Continuing corporation
(j.‍97) for the purposes of subsection 110(0.‍1), paragraph 110(1)‍(e) and subsection 110(1.‍31), the new corporation is deemed to be the same corporation as, and a continuation of, each predecessor corporation;
(4) Subsection (2) is deemed to have come into force on January 1, 2020.
(5) Subsection (3) comes into force or is deemed to have come into force on July 1, 2021.
14 (1) Clause (a)‍(ii)‍(B) of the definition preferred beneficiary in subsection 108(1) of the Act is replaced by the following:
(B) whose income (computed without reference to subsection 104(14)) for the beneficiary’s year does not exceed the amount determined for F in subsection 118(1.‍1) for the year, and
(2) Subsection (1) applies to the 2020 and subsequent taxation years.
15 (1) Section 110 of the Act is amended by adding the following before subsection (1):
Definitions
110 (0.‍1) The following definitions apply in this section.
consolidated financial statements has the same meaning as in subsection 233.‍8(1).‍ (états financiers consolidés)
specified person, at any time, means a qualifying person that meets the following conditions:
(a) it is not a Canadian-controlled private corporation;
(b) if the qualifying person is a member of a group that annually prepares consolidated financial statements, the total consolidated group revenue reflected in the last consolidated financial statements of the group presented to shareholders or unitholders — of the member of the group that would be the ultimate parent entity, as defined in subsection 233.‍8(1), of the group if the group were a multinational enterprise group, as defined in subsection 233.‍8(1) — before that time exceeds $500 million; and
(c) if paragraph (b) does not apply, it has gross revenue in excess of $500 million based on
(i) the amounts reflected in the financial statements of the qualifying person presented to the shareholders or unitholders of the qualifying person for the last fiscal period of the qualifying person that ended before that time,
(ii) if subparagraph (i) does not apply, the amounts reflected in the financial statements of the qualifying person presented to the shareholders or unitholders of the qualifying person for the last fiscal period of the qualifying person that ended before the end of the last fiscal period referred to in subparagraph (i), and
(iii) if subparagraph (i) does not apply and financial statements were not presented as described in subparagraph (ii), the amounts that would have been reflected in the annual financial statements of the qualifying person for the last fiscal period of the qualifying person that ended before that time, if such statements had been prepared in accordance with generally accepted accounting principles. (personne déterminée)
vesting year, of a security to be acquired under an agreement, means
(a) if the agreement specifies the calendar year in which the taxpayer’s right to acquire the security first becomes exercisable (otherwise than as a consequence of an event that is not reasonably foreseeable at the time the agreement is entered into), that calendar year; and
(b) in any other case, the calendar year in which the right to acquire the security would become exercisable if the agreement had specified that all identical rights to acquire securities become exercisable on a pro rata basis over the period that
(i) begins on the day that the agreement was entered into, and
(ii) ends on the day that is the earlier of
(A) the day that is 60 months after the day the agreement is entered into, and
(B) the last day that the right to acquire the security could become exercisable under the agreement. (année de dévolution)
(2) The portion of paragraph 110(1)‍(d) of the Act before subparagraph (i) is replaced by the following:
Employee options
(d) an amount equal to 1/2 of the amount of the benefit deemed by subsection 7(1) to have been received by the taxpayer in the year in respect of a security (other than a security that is a non-qualified security) that a particular qualifying person has agreed after February 15, 1984 to sell or issue under an agreement, in respect of the transfer or other disposition of rights under the agreement or as a result of the death of the taxpayer because the taxpayer immediately before death owned a right to acquire the security under the agreement, if
(3) Subsection 110(1) of the Act is amended by adding the following after paragraph (d.‍3):
Employer deduction — non-qualified securities
(e) an amount equal to the amount of the benefit in respect of employment with the taxpayer deemed by subsection 7(1) to have been received by an individual in the year in respect of a non-qualified security that the taxpayer (or a qualifying person that does not deal at arm’s length with the taxpayer) has agreed to sell or issue under an agreement with the individual, if
(i) the taxpayer is a qualifying person,
(ii) at the time the agreement was entered into, the individual was an employee of the taxpayer,
(iii) the amount is not claimed as a deduction in computing the taxable income of another qualifying person,
(iv) an amount would have been deductible in computing the taxable income of the individual under paragraph (d) if the security were not a non-qualified security,
(v) in the case of an individual who is not resident in Canada throughout the year, the benefit deemed by subsection 7(1) to have been received by the individual was included in computing the taxable income earned in Canada of the individual for the year, and
(vi) the notification requirements in subsection (1.‍9) are met in respect of the security;
(4) The portion of subsection 110(1.‍1) of the Act before paragraph (b) is replaced by the following:
Election by particular qualifying person
(1.‍1) For the purpose of computing the taxable income of a taxpayer for a taxation year, paragraph (1)‍(d) shall be read without reference to its subparagraph (i) in respect of a right granted to the taxpayer under an agreement to sell or issue securities referred to in subsection 7(1) if
(a) the particular qualifying person elects in prescribed form that neither the particular qualifying person nor any person not dealing at arm’s length with the particular qualifying person will deduct in computing its income for a taxation year any amount (other than a designated amount described in subsection (1.‍2)) in respect of a payment to or for the benefit of a taxpayer for the taxpayer’s transfer or disposition of that right;
(5) Subsection 110(1.‍2) of the Act is replaced by the following:
Designated amount
(1.‍2) For the purposes of subsections (1.‍1) and (1.‍44), an amount is a designated amount if the following conditions are met:
(a) the amount would otherwise be deductible in computing the income of the particular qualifying person in the absence of subsections (1.‍1) and (1.‍44);
(b) the amount is payable to a person
(i) with whom the particular qualifying person deals at arm’s length, and
(ii) who is neither an employee of the particular qualifying person nor of any person not dealing at arm’s length with the particular qualifying person; and
(c) the amount is payable in respect of an arrangement entered into for the purpose of managing the particular qualifying person’s financial risk associated with a potential increase in value of the securities under the agreement described in subsection (1.‍1) or (1.‍44).
Determination of non-qualified securities
(1.‍3) Subsection (1.‍31) applies to a taxpayer in respect of an agreement if
(a) a particular qualifying person agrees to sell or issue securities of the particular qualifying person (or another qualifying person that does not deal at arm’s length with the particular qualifying person) to the taxpayer under the agreement;
(b) at the time the agreement is entered into (in this subsection and subsection (1.‍31) referred to as the “relevant time”), the taxpayer is an employee of the particular qualifying person or of a qualifying person that does not deal at arm’s length with the particular qualifying person; and
(c) at the relevant time, any of the following persons is a specified person:
(i) the particular qualifying person,
(ii) the other qualifying person, if any, referred to in paragraph (a), or
(iii) the other qualifying person, if any, referred to in paragraph (b).
Annual vesting limit
(1.‍31) If this subsection applies to a taxpayer in respect of an agreement, the securities to be sold or issued under the agreement, for each vesting year of those securities, are deemed to be non-qualified securities for the purposes of this section in the proportion determined by the formula
A/B
where
A
is the amount determined by the formula
C + D − $200,000
where
C
is the total of all amounts each of which is the fair market value at the relevant time of each security under the agreement that has that same vesting year, and
D
is the lesser of
(a) $200,000, and
(b) the total of all amounts each of which is an amount determined for C in respect of securities that have that same vesting year under agreements (other than the agreement) entered into at or before the relevant time with the particular qualifying person referred to in subsection (1.‍3) (or another qualifying person that does not deal at arm’s length with the particular qualifying person), other than
(i) securities designated under subsection (1.‍4),
(ii) old securities (within the meaning of subsection 7(1.‍4)),
(iii) securities where the right to acquire those securities is an old right (within the meaning of subsection (1.‍7)), and
(iv) securities in respect of which
(A) the right to acquire those securities has expired, or has been cancelled, before the relevant time, and
(B) no amount is deductible under paragraph (1)‍(d) in computing the taxable income of the taxpayer for any year; and
B
is the amount determined for C.
Non-qualified security designation
(1.‍4) If subsection (1.‍31) applies to a taxpayer in respect of an agreement and the particular qualifying person referred to in paragraph (1.‍3)‍(a) designates one or more securities to be sold or issued under the agreement as non-qualified securities, the following rules apply:
(a) those securities are deemed to be non-qualified securities for the purposes of this section; and
(b) the particular qualifying person may not elect under subsection (1.‍1) in respect of a right to acquire those securities.
Ordering of acquisition of securities
(1.‍41) If a taxpayer acquires a security under an agreement and the acquired security could be a security that is not a non-qualified security, the security is to be considered a security that is not a non-qualified security for the purposes of this section.
Ordering of simultaneous agreements — subsection (1.‍31)
(1.‍42) If two or more agreements to sell or issue options are entered into at the same time and the particular qualifying person referred to in subsection (1.‍3) designates the order of the agreements, then the agreements are deemed to have been entered into in that order for the purposes of paragraph (b) of the description of D in subsection (1.‍31).
Application of subsection (1.‍44)
(1.‍43) Subsection (1.‍44) applies in respect of a taxpayer’s right to acquire a security under an agreement if
(a) subsection (1.‍31) applies to the taxpayer in respect of the agreement;
(b) the security is not a non-qualified security; and
(c) a payment is made to or for the benefit of the taxpayer for the taxpayer’s transfer or disposition of the right.
Cash-out — securities not designated as non-qualified
(1.‍44) If this subsection applies in respect of a taxpayer’s right to acquire a security under an agreement
(a) no qualifying person may deduct, in computing its income for a taxation year, an amount (other than a designated amount described in subsection (1.‍2)) in respect of the payment referred to in paragraph (1.‍43)‍(c); and
(b) paragraph (1)‍(d) shall, in respect of the right, be read without reference to its subparagraph (i).
(6) Section 110 of the Act is amended by adding the following after subsection (1.‍8):
Notification — non-qualified security
(1.‍9) If a security to be issued or sold under an agreement between an employee and a qualifying person is a non-qualified security, the employer of the employee shall
(a) notify the employee in writing that the security is a non-qualified security no later than 30 days after the day that the agreement is entered into; and
(b) notify the Minister in prescribed form that the security is a non-qualified security on or before the filing-due date for the taxation year of the qualifying person that includes the time that the agreement is entered into.
(7) Subsections (1) and (2) come into force or are deemed to have come into force on July 1, 2021.
(8) Subsections (3) to (6) apply in respect of agreements to sell or issue securities entered into after June 2021. However, subsections (3) to (6) do not apply in respect of rights under an agreement to which subsection 7(1.‍4) of the Act applies that are new options (within the meaning of that subsection) in respect of which an exchanged option (within the meaning of that subsection and on the assumption that paragraph 7(1.‍4)‍(e) of the Act applies for those purposes) was issued before July 2021.
16 (1) Subsection 111(7.‍4) of the Act is replaced by the following:
Non-capital losses of employee life and health trusts
(7.‍4) For the purposes of computing the taxable income of an employee life and health trust for a taxation year, there may be deducted such portion as the trust may claim of the trust’s non-capital losses for the seven taxation years immediately preceding and the three taxation years immediately following the year.
(2) Paragraph (b) of the description of E in the definition non-capital loss in subsection 111(8) of the Act is replaced by the following:
(b) an amount deducted under paragraph (1)‍(b) or section 110.‍6, or deductible under any of paragraphs 110(1)‍(d) to (g) and (k), section 112 and subsections 113(1) and 138(6), in computing the taxpayer’s taxable income for the year, or
(3) Subsection (1) is deemed to have come into force on February 27, 2018.
(4) Subsection (2) comes into force or is deemed to have come into force on July 1, 2021.
17 (1) Paragraph 115(1)‍(a) of the Act is amended by adding the following after subparagraph (iii.‍21):
(iii.‍22) the total of all amounts, each of which is an amount included under subparagraph 56(1)‍(r)‍(iv.‍1) in computing the non-resident person’s income for the year,
(2) Paragraph 115(1)‍(d) of the Act is replaced by the following:
(d) the deductions permitted by subsection 111(1) and, to the extent that they relate to amounts included in computing the amount determined under any of paragraphs (a) to (c), the deductions permitted by any of paragraphs 110(1)‍(d) to (d.‍2), (e) and (f) and subsection 110.‍1(1),
(3) Subsection (1) is deemed to have come into force on January 1, 2020.
(4) Subsection (2) comes into force or is deemed to have come into force on July 1, 2021.
18 (1) The portion of subsection 117.‍1(1) of the Act before paragraph (b) is replaced by the following:
Annual adjustment
117.‍1 (1) Each specified amount in relation to tax payable under this Part or Part I.‍2 for a taxation year shall be adjusted so that the amount to be used for the year under the provision for which the amount is relevant is the total of
(a) the amount that would, but for subsection (3), be the amount to be used under the relevant provision for the preceding taxation year, and
(2) Section 117.‍1 of the Act is amended by adding the following after subsection (1):
Annual adjustment — amounts
(2) For the purposes of subsection (1), each of the following amounts is a specified amount in relation to tax payable under this Part or Part I.‍2 for a taxation year:
(a) the amount of $300 referred to in subparagraph 6(1)‍(b)‍(v.‍1);
(b) the amount of $1,000 referred to in the formula in paragraph 8(1)‍(s);
(c) the amount of $400,000 referred to in the formula in paragraph 110.‍6(2)‍(a);
(d) each of the amounts expressed in dollars in subsection 117(2);
(e) each of the amounts expressed in dollars in the description of B in subsection 118(1);
(f) the amount of $12,298 in the description of A in subsection 118(1.‍1);
(g) the amount of $15,000 in paragraph (d) of the description of F in subsection 118(1.‍1);
(h) each of the amounts expressed in dollars in subsection 118(2);
(i) the amount of $1,000 referred to in subsection 118(10);
(j) the amount of $15,000 referred to in subsection 118.‍01(2);
(k) each of the amounts expressed in dollars in subsection 118.‍2(1);
(l) each of the amounts expressed in dollars in subsection 118.‍3(1);
(m) each of the amounts expressed in dollars in subsection 122.‍5(3);
(n) the amount of $2,500 referred to in subsection 122.‍51(1);
(o) each of the amounts expressed in dollars in subsection 122.‍51(2);
(p) the amount of $14,000 referred to in subsection 122.‍7(1.‍3);
(q) the amounts of $1,395 and $2,403 in the description of A, and each of the amounts expressed in dollars in the description of B, in subsection 122.‍7(2);
(r) the amount of $720 in the description of C, and each of the amounts expressed in dollars in the description of D, in subsection 122.‍7(3);
(s) the amount of $10,000 in the description of B in subsection 122.‍91(2); and
(t) each of the amounts expressed in dollars in Part I.‍2.
(3) Subsections (1) and (2) apply to the 2021 and subsequent taxation years. However, the adjustment provided for in subsection 117.‍1(1) of the Act, as enacted by subsection (1), does not apply
(a) to the 2021 to 2023 taxation years, in respect of paragraph 117.‍1(2)‍(g) of the Act, as enacted by subsection (2); and
(b) to the 2021 taxation year, in respect of paragraphs 117.‍1(2)‍(p) to (r) of the Act, as enacted by subsection (2).
19 (1) Subparagraph (a)‍(i) of the description of B in subsection 118(1) of the Act is replaced by the following:
 
(i) the basic personal amount of the individual for the year, and
(2) The formula in subparagraph (a)‍(ii) of the description of B in subsection 118(1) of the Act is replaced by the following:
C + C.‍01 − C.‍1
(3) Subparagraph (a)‍(ii) of the description of B in subsection 118(1) of the Act is amended by striking out “and” at the end of clause (B) of the description of C and by adding the following after the description of C:
C.‍01
is the basic personal amount of the individual for the year, and
(4) Subparagraph (b)‍(iii) of the description of B in subsection 118(1) of the Act is replaced by the following:
 
(iii) the basic personal amount of the individual for the year, and
(5) The formula in subparagraph (b)‍(iv) of the description of B in subsection 118(1) of the Act is replaced by the following:
D + D.‍01 − D.‍1
(6) Subparagraph (b)‍(iv) of the description of B in subsection 118(1) of the Act is amended by striking out “and” at the end of clause (B) of the description of D and by adding the following after the description of D:
D.‍01
is the basic personal amount of the individual for the year, and
(7) Paragraph (c) of the description of B in subsection 118(1) of the Act is replaced by the following:
Single status
(c) except in the case of an individual entitled to a deduction because of paragraph (a) or (b), the basic personal amount of the individual for the year,
(8) Section 118 of the Act is amended by adding the following after subsection (1):
Definition of basic personal amount
(1.‍1) For the purposes of subsection (1), basic personal amount, of an individual for a taxation year, means the amount determined by the formula
A + B
where
A
is $12,298; and
B
is the amount determined by the formula
C − D × E
where
C
is the amount determined by the formula
F − G
where
F
is
(a) for the 2020 taxation year, $13,229,
(b) for the 2021 taxation year, $13,808,
(c) for the 2022 taxation year, $14,398, and
(d) for the 2023 and subsequent taxation years, $15,000, and
G
is the amount determined for A,
D
is the amount determined for C, and
E
is
(a) if the individual’s income for the year is less than or equal to the first dollar amount for the year referred to in paragraph 117(2)‍(d), nil, and
(b) in any other case, the lesser of 1 and the amount determined by the formula
(H − I)/J
where
H
is the individual’s income for the year,
I
is the first dollar amount for the year referred to in paragraph 117(2)‍(d), and
J
is the amount determined by the formula
K − L
where
K
is the first dollar amount for the year referred to in paragraph 117(2)‍(e), and
L
is the amount determined for I.
(9) Paragraph (a) of the definition pension income in subsection 118(7) of the Act is amended by adding the following after subparagraph (iii.‍2):
(iii.‍3) an amount included under subsection 146.‍5(2),
(10) Subsections (1) to (8) apply to the 2020 and subsequent taxation years.
(11) Subsection (9) is deemed to have come into force on January 1, 2020.
20 (1) Paragraphs (a) and (b) of the definition digital news subscription in subsection 118.‍02(1) of the Act are replaced by the following:
(a) the agreement entitles an individual to access content of the qualified Canadian journalism organization in digital form and that content is primarily written news; and
(b) the qualified Canadian journalism organization does not hold a licence as defined in subsection 2(1) of the Broadcasting Act.‍ (abonnement aux nouvelles numériques)
(2) Section 118.‍02 of the Act is amended by adding the following after subsection (3):
Ceasing to qualify
(4) For the purposes of subsection (1), if amounts paid under an agreement cease to be qualifying subscription expenses at any particular time in a calendar year and, at the particular time, the Minister has communicated or otherwise made available pursuant to paragraph 241(3.‍4)‍(b) that these amounts qualify as qualifying subscription expenses, amounts paid under that agreement are deemed to be qualifying subscription expenses — to the same extent that the amounts paid were considered to be qualifying subscription expenses immediately before the particular time — until the end of the calendar year in which the Minister communicates or otherwise makes available pursuant to paragraph 241(3.‍4)‍(b) that amounts paid under the agreement no longer qualify as qualifying subscription expenses.
Notice to individuals
(5) If an organization enters into a digital news subscription agreement with an individual and amounts paid under the agreement cease to be qualifying subscription expenses, the organization shall inform the individual that amounts paid under the agreement are no longer qualifying subscription expenses.
(3) Subsection (1) is deemed to have come into force on January 1, 2020.
21 (1) Paragraph (b) of the definition shared-custody parent in section 122.‍6 of the Act is replaced by the following:
(b) reside with the qualified dependant either
(i) at least 40% of the time in the month in which the particular time occurs, or
(ii) on an approximately equal basis, and
(2) Subsection (1) is deemed to have come into force on July 1, 2011.
22 (1) Section 122.‍7 of the Act is amended by adding the following after subsection (1.‍2):
Secondary earner exemption
(1.‍3) For the purposes of subsections (2) and (3),
(a) if an eligible individual had an eligible spouse for a taxation year and the working income for the year of the eligible individual was less than the working income for the year of the eligible spouse, the eligible individual’s adjusted net income for the year is deemed to be the amount, if any, by which the eligible individual’s adjusted net income for the year (determined without reference to this subsection) exceeds the lesser of
(i) the eligible individual’s working income for the year, and
(ii) $14,000; and
(b) if an eligible individual had an eligible spouse for a taxation year and the working income for the year of the eligible individual was greater than or equal to the working income for the year of the eligible spouse, the eligible spouse’s adjusted net income for the year is deemed to be the amount, if any, by which the eligible spouse’s adjusted net income for the year (determined without reference to this subsection) exceeds the lesser of
(i) the eligible spouse’s working income for the year, and
(ii) $14,000.
(2) The descriptions of A and B in subsection 122.‍7(2) of the Act are replaced by the following:
A
is
(a) if the individual had neither an eligible spouse nor an eligible dependant, for the taxation year, the lesser of $1,395 and 27% of the amount, if any, by which the individual’s working income for the taxation year exceeds $3,000, and
(b) if the individual had an eligible spouse or an eligible dependant, for the taxation year, the lesser of $2,403 and 27% of the amount, if any, by which the total of the working incomes of the individual and, if applicable, of the eligible spouse, for the taxation year, exceeds $3,000; and
B
is
(a) if the individual had neither an eligible spouse nor an eligible dependant, for the taxation year, 15% of the amount, if any, by which the adjusted net income of the individual for the taxation year exceeds $22,944, and
(b) if the individual had an eligible spouse or an eligible dependant, for the taxation year, 15% of the amount, if any, by which the total of the adjusted net incomes of the individual and, if applicable, of the eligible spouse, for the taxation year, exceeds $26,177.
(3) The descriptions of C and D in subsection 122.‍7(3) of the Act are replaced by the following:
C
is the lesser of $720 and 27% of the amount, if any, by which the individual’s working income for the taxation year exceeds $1,150; and
D
is
(a) if the individual had neither an eligible spouse nor an eligible dependant, for the taxation year, 15% of the amount, if any, by which the individual’s adjusted net income for the taxation year exceeds $32,244,
(b) if the individual had an eligible spouse for the taxation year who was not entitled to deduct an amount under subsection 118.‍3(1) for the taxation year, or had an eligible dependant for the taxation year, 15% of the amount, if any, by which the total of the adjusted net incomes of the individual and, if applicable, of the eligible spouse, for the taxation year, exceeds $42,197, and
(c) if the individual had an eligible spouse for the taxation year who was entitled to deduct an amount under subsection 118.‍3(1) for the taxation year, 7.‍5% of the amount, if any, by which the total of the adjusted net incomes of the individual and of the eligible spouse, for the taxation year, exceeds $42,197.
(4) Subsections (1) to (3) are deemed to have come into force on January 1, 2021.
23 (1) The portion of the definition assistance in subsection 125.‍6(1) of the Act before paragraph (a) is replaced by the following:
assistance means an amount, other than an amount received from the Aid to Publishers component of the Canada Periodical Fund or an amount deemed under subsection (2) to have been paid, that would be included under paragraph 12(1)‍(x) in computing the income of a taxpayer for any taxation year if that paragraph were read without reference to
(2) Paragraph (d) of the definition eligible newsroom employee in subsection 125.‍6(1) of the Act is replaced by the following:
(d) spends at least 75% of their time engaged in the production of original written news content, including by researching, collecting information, verifying facts, photographing, writing, editing, designing and otherwise preparing content; and
(3) Paragraphs (a) to (d) of the definition qualifying journalism organization in subsection 125.‍6(1) of the Act are replaced by the following:
(a) it does not hold a licence, as defined in subsection 2(1) of the Broadcasting Act; and
(b) if it is a corporation having share capital, it meets the conditions in subparagraph (e)‍(iii) of the definition Canadian newspaper in subsection 19(5).‍ (organisation journalistique admissible)
(4) The description of A in paragraph (a) of the definition qualifying labour expenditure in subsection 125.‍6(1) of the Act is replaced by the following:
A
is the lesser of 365 and the number of days in the taxation year in which the taxpayer is a qualifying journalism organization, and
(5) Subsections 125.‍6(2) and (3) of the Act are replaced by the following:
Tax credit
(2) A taxpayer (other than a partnership) that is a qualifying journalism organization at any time in a taxation year and that files a prescribed form containing prescribed information with its return of income for the year is deemed to have, on its balance-due day for the year, paid on account of its tax payable under this Part for the year an amount determined by the formula
0.‍25(A) − B
where
A
is the total of all amounts each of which is a qualifying labour expenditure of the qualifying journalism organization for the year in respect of an eligible newsroom employee; and
B
is the amount received by the taxpayer from the Aid to Publishers component of the Canada Periodical Fund in the year.
Partnership — tax credit
(2.‍1) If a taxpayer (other than a partnership) is a member of a partnership (other than a specified member of the partnership) at the end of a fiscal period of the partnership that ends in a taxation year of the taxpayer, the partnership is a qualifying journalism organization at any time in that fiscal period and the partnership files an information return in prescribed form containing prescribed information for that fiscal period, then the taxpayer is deemed to have, on the taxpayer’s balance-due day for the taxation year, paid on account of the taxpayer’s tax payable under this Part for the taxation year an amount determined by the formula
(0.‍25A – B)C/D
where
A
is the total of all amounts each of which is a qualifying labour expenditure of the qualifying journalism organization for the fiscal period in respect of an eligible newsroom employee;
B
is the amount received by the qualifying journalism organization from the Aid to Publishers component of the Canada Periodical Fund in the fiscal period;
C
is the specified proportion of the taxpayer for the fiscal period; and
D
is the total of all specified proportions of members of the partnership for the fiscal period, other than members that are partnerships or specified members of the partnership.
Partnership — application rule
(2.‍2) In this section, a taxpayer includes a partnership.
When assistance received
(3) For the purposes of this Act other than this section, and for greater certainty, the amount that a taxpayer is deemed under subsection (2) or (2.‍1) to have paid for a taxation year is assistance received by the taxpayer from a government immediately before the end of the year.
(6) Subsections (1) to (5) are deemed to have come into force on January 1, 2019.
24 (1) The definitions eligible employee and top-up percentage in subsection 125.‍7(1) of the Act are replaced by the following:
eligible employee, of an eligible entity in respect of a week in a qualifying period, means an individual employed by the eligible entity primarily in Canada throughout the qualifying period (or the portion of the qualifying period throughout which the individual was employed by the eligible entity), other than, if the qualifying period is any of the first qualifying period to the fourth qualifying period, an individual who is without remuneration by the eligible entity in respect of 14 or more consecutive days in the qualifying period.‍ (employé admissible)
top-up percentage, of an eligible entity for a qualifying period, means the percentage determined by regulation for the qualifying period or, if there is no percentage determined by regulation for the qualifying period,
(a) for any of the fifth qualifying period to the tenth qualifying period, the lesser of 25% and the percentage determined by the formula
1.‍25 × (A − 50%)
where
A
is the entity’s top-up revenue reduction percentage for the qualifying period;
(b) for any of the eleventh qualifying period to the seventeenth qualifying period, the lesser of 35% and the percentage determined by the formula
1.‍75 × (A − 50%)
where
A
is the entity’s top-up revenue reduction percentage for the qualifying period;
(c) for the eighteenth qualifying period, the lesser of 25% and the percentage determined by the formula
1.‍25 × (A − 50%)
where
A
is the entity’s top-up revenue reduction percentage for the qualifying period;
(d) for the nineteenth qualifying period, the lesser of 15% and the percentage determined by the formula
0.‍75 × (A − 50%)
where
A
is the entity’s top-up revenue reduction percentage for the qualifying period;
(e) for the twentieth qualifying period, the lesser of 10% and the percentage determined by the formula
0.‍5 × (A − 50%)
where
A
is the entity’s top-up revenue reduction percentage for the qualifying period; and
(f) for each qualifying period after the twentieth qualifying period, nil. (pourcentage compensatoire)
(2) Subparagraphs (b)‍(i) to (iv) of the definition baseline remuneration in subsection 125.‍7(1) of the Act are replaced by the following:
(i) begins on March 1, 2019 and ends on May 31, 2019, in respect of any of the first qualifying period to the third qualifying period,
(ii) begins on March 1, 2019 and ends on June 30, 2019, in respect of the fourth qualifying period, unless the eligible entity elects to use the period that begins on March 1, 2019 and ends on May 31, 2019 for that qualifying period,
(iii) begins on July 1, 2019 and ends on December 31, 2019, in respect of any of the fifth qualifying period to the thirteenth qualifying period,
(iii.‍1) begins on March 1, 2019 and ends on June 30, 2019, in respect of any of the fourteenth qualifying period to the seventeenth qualifying period, unless the eligible entity elects to use the period that begins on July 1, 2019 and ends on December 31, 2019 for that qualifying period,
(iii.‍2) begins on July 1, 2019 and ends on December 31, 2019, in respect of the eighteenth qualifying period and any subsequent qualifying period, or
(iv) if the eligible employee was on leave for any reason mentioned in subsection 12(3) of the Employment Insurance Act or section 2 of the Act respecting parental insurance, CQLR, c. A-29.‍011 throughout the period that begins on July 1, 2019 and ends on March 15, 2020, begins 90 days prior to the date on which the employee commenced that leave and ends on the day prior to the date on which they commenced their leave, in respect of the fifth qualifying period and any subsequent qualifying period.‍ (rémunération de base)
(3) The portion of paragraph (a) of the definition base percentage in subsection 125.‍7(1) of the Act before subparagraph (i) is replaced by the following:
(a) for the fifth qualifying period,
(4) The portion of paragraph (b) of the definition base percentage in subsection 125.‍7(1) of the Act before subparagraph (i) is replaced by the following:
(b) for the sixth qualifying period,
(5) The portion of paragraph (c) of the definition base percentage in subsection 125.‍7(1) of the Act before subparagraph (i) is replaced by the following:
(c) for the seventh qualifying period,
(6) The portion of paragraph (d) of the definition base percentage in subsection 125.‍7(1) of the Act before subparagraph (i) is replaced by the following:
(d) for the eighth qualifying period,
(7) The portion of paragraph (e) of the definition base percentage in subsection 125.‍7(1) of the Act before subparagraph (i) is replaced by the following:
(e) for the ninth qualifying period,
(8) Paragraph (f) of the definition base percentage in subsection 125.‍7(1) of the Act is amended by striking out “and” at the end of subparagraph (ii) and by replacing the portion of that paragraph before subparagraph (i) with the following:
(f) for the tenth qualifying period,
(9) Paragraph (g) of the definition base percentage in subsection 125.‍7(1) of the Act is replaced by the following:
(g) for the eleventh qualifying period to the seventeenth qualifying period,
(i) if the entity’s revenue reduction percentage is greater than or equal to 50%, 40%, and
(ii) in any other case, the percentage determined by the formula
0.‍8 × A
where
A
is the revenue reduction percentage;
(h) for the eighteenth qualifying period,
(i) if the entity’s revenue reduction percentage is greater than or equal to 50%, 35%, and
(ii) in any other case, the percentage determined by the formula
0.‍875 × (A − 10%)
where
A
is the revenue reduction percentage;
(i) for the nineteenth qualifying period,
(i) if the entity’s revenue reduction percentage is greater than or equal to 50%, 25%, and
(ii) in any other case, the percentage determined by the formula
0.‍625 × (A − 10%)
where
A
is the revenue reduction percentage;
(j) for the twentieth qualifying period,
(i) if the entity’s revenue reduction percentage is greater than or equal to 50%, 10%, and
(ii) in any other case, the percentage determined by the formula
0.‍25 × (A − 10%)
where
A
is the revenue reduction percentage; and
(k) for a qualifying period after the twentieth qualifying period, a percentage determined by regulation in respect of the eligible entity or, if there is no percentage determined by regulation for the qualifying period, nil. (pourcentage de base)
(10) Paragraphs (a) to (c.‍7) of the definition current reference period in subsection 125.‍7(1) of the Act are replaced by the following:
(a) for the first qualifying period, March 2020;
(b) for the second qualifying period, April 2020;
(c) for the third qualifying period, May 2020;
(c.‍1) for the fourth qualifying period, June 2020;
(c.‍2) for the fifth qualifying period, July 2020;
(c.‍3) for the sixth qualifying period, August 2020;
(c.‍4) for the seventh qualifying period, September 2020;
(c.‍5) for the eighth qualifying period, October 2020;
(c.‍6) for the ninth qualifying period, November 2020;
(c.‍7) for the tenth qualifying period, December 2020;
(c.‍8) for the eleventh qualifying period, December 2020;
(c.‍9) for the twelfth qualifying period, January 2021;
(c.‍91) for the thirteenth qualifying period, February 2021;
(c.‍92) for the fourteenth qualifying period, March 2021;
(c.‍93) for the fifteenth qualifying period, April 2021;
(c.‍94) for the sixteenth qualifying period, May 2021;
(c.‍95) for the seventeenth qualifying period, June 2021;
(c.‍96) for the eighteenth qualifying period, July 2021;
(c.‍97) for the nineteenth qualifying period, August 2021;
(c.‍98) for the twentieth qualifying period, September 2021;
(c.‍99) for the twenty-first qualifying period, October 2021;
(c.‍991) for the twenty-second qualifying period, November 2021; and
(11) Subparagraphs (a)‍(i) to (x) of the definition prior reference period in subsection 125.‍7(1) of the Act are replaced by the following:
(i) for the first qualifying period, March 2019,
(ii) for the second qualifying period, April 2019,
(iii) for the third qualifying period, May 2019,
(iv) for the fourth qualifying period, June 2019,
(v) for the fifth qualifying period, July 2019,
(vi) for the sixth qualifying period, August 2019,
(vii) for the seventh qualifying period, September 2019,
(viii) for the eighth qualifying period, October 2019,
(ix) for the ninth qualifying period, November 2019,
(x) for the tenth qualifying period, December 2019,
(xi) for the eleventh qualifying period, December 2019,
(xii) for the twelfth qualifying period, January 2020,
(xiii) for the thirteenth qualifying period, February 2020,
(xiv) for the fourteenth qualifying period, March 2019,
(xv) for the fifteenth qualifying period, April 2019,
(xvi) for the sixteenth qualifying period, May 2019,
(xvii) for the seventeenth qualifying period, June 2019,
(xviii) for the eighteenth qualifying period, July 2019,
(xix) for the nineteenth qualifying period, August 2019,
(xx) for the twentieth qualifying period, September 2019,
(xxi) for the twenty-first qualifying period, October 2019, and
(xxii) for the twenty-second qualifying period, November 2019;
(12) Paragraphs (e) to (g) of the definition public health restriction in subsection 125.‍7(1) of the Act are replaced by the following:
(e) it does not result from a violation by the eligible entity – or a party with which the eligible entity does not deal at arm’s length that rents, directly or indirectly, the qualifying property from the eligible entity (referred to in this definition as the “specified tenant”) – of an order or decision that meets the conditions in paragraphs (a) to (d);
(f) as a result of the order or decision, some or all of the activities of the eligible entity – or the specified tenant – at, or in connection with, the qualifying property (that it is reasonable to expect the eligible entity – or the specified tenant – would, absent the order or decision, otherwise have engaged in) are required to cease (referred to in this definition as the “restricted activities”) based, for greater certainty, on the type of activity rather than the extent to which an activity may be performed or limits placed on the time during which an activity may be performed;
(g) it is reasonable to conclude that at least approximately 25% of the qualifying revenues of the eligible entity – or the specified tenant – for the prior reference period that were earned from, or in connection with, the qualifying property were derived from the restricted activities; and
(13) The portion of paragraph (c) of the definition qualifying entity in subsection 125.‍7(1) of the Act before subparagraph (i) is replaced by the following:
(c) if the qualifying period is any of the first qualifying period to the fourth qualifying period, its qualifying revenues for the current reference period are equal to or less than the specified percentage, for the qualifying period, of
(14) Paragraphs (a) to (d) of the definition qualifying period in subsection 125.‍7(1) of the Act are replaced by the following:
(a) the period that begins on March 15, 2020 and ends on April 11, 2020 (referred to in this section as the “first qualifying period”);
(b) the period that begins on April 12, 2020 and ends on May 9, 2020 (referred to in this section as the “second qualifying period”);
(c) the period that begins on May 10, 2020 and ends on June 6, 2020 (referred to in this section as the “third qualifying period”);
(c.‍1) the period that begins on June 7, 2020 and ends on July 4, 2020 (referred to in this section as the “fourth qualifying period”);
(c.‍2) the period that begins on July 5, 2020 and ends on August 1, 2020 (referred to in this section as the “fifth qualifying period”);
(c.‍3) the period that begins on August 2, 2020 and ends on August 29, 2020 (referred to in this section as the “sixth qualifying period”);
(c.‍4) the period that begins on August 30, 2020 and ends on September 26, 2020 (referred to in this section as the “seventh qualifying period”);
(c.‍5) the period that begins on September 27, 2020 and ends on October 24, 2020 (referred to in this section as the “eighth qualifying period”);
(c.‍6) the period that begins on October 25, 2020 and ends on November 21, 2020 (referred to in this section as the “ninth qualifying period”);
(c.‍7) the period that begins on November 22, 2020 and ends on December 19, 2020 (referred to in this section as the “tenth qualifying period”);
(c.‍8) the period that begins on December 20, 2020 and ends on January 16, 2021 (referred to in this section as the “eleventh qualifying period”);
(c.‍9) the period that begins on January 17, 2021 and ends on February 13, 2021 (referred to in this section as the “twelfth qualifying period”);
(c.‍91) the period that begins on February 14, 2021 and ends on March 13, 2021 (referred to in this section as the “thirteenth qualifying period”);
(c.‍92) the period that begins on March 14, 2021 and ends on April 10, 2021 (referred to in this section as the “fourteenth qualifying period”);
(c.‍93) the period that begins on April 11, 2021 and ends on May 8, 2021 (referred to in this section as the “fifteenth qualifying period”);
(c.‍94) the period that begins on May 9, 2021 and ends on June 5, 2021 (referred to in this section as the “sixteenth qualifying period”);
(c.‍95) the period that begins on June 6, 2021 and ends on July 3, 2021 (referred to in this section as the “seventeenth qualifying period”);
(c.‍96) the period that begins on July 4, 2021 and ends on July 31, 2021 (referred to in this section as the “eighteenth qualifying period”);
(c.‍97) the period that begins on August 1, 2021 and ends on August 28, 2021 (referred to in this section as the “nineteenth qualifying period”);
(c.‍98) the period that begins on August 29, 2021 and ends on September 25, 2021 (referred to in this section as the “twentieth qualifying period”);
(c.‍99) the period that begins on September 26, 2021 and ends on October 23, 2021 (referred to in this section as the “twenty-first qualifying period”);
(c.‍991) the period that begins on October 24, 2021 and ends on November 20, 2021 (referred to in this section as the “twenty-second qualifying period”); and
(d) a prescribed period that ends no later than November 30, 2021. (période d’admissibilité)
(15) The portion of paragraph (a) of the definition rent subsidy percentage in subsection 125.‍7(1) of the Act before subparagraph (i) is replaced by the following:
(a) if the qualifying period is any of the eighth qualifying period to the seventeenth qualifying period,
(16) The definition rent subsidy percentage in subsection 125.‍7(1) of the Act is amended by striking out “and” at the end of paragraph (a) and by replacing paragraph (b) with the following:
(a.‍1) if the qualifying period is any of the eighteenth qualifying period to the twentieth qualifying period, the percentage determined by the formula
A + B
where
A
is the eligible entity’s base percentage for the qualifying period, and
B
is the eligible entity’s top-up percentage for the qualifying period; and
(b) for a qualifying period after the twentieth qualifying period, a percentage determined by regulation in respect of the eligible entity or, if there is no percentage determined by regulation for the qualifying period, nil. (pourcentage de subvention pour le loyer)
(17) The description of A in the definition rent top-up percentage in subsection 125.‍7(1) of the Act is replaced by the following:
A
is 25%, or a prescribed percentage, for any of the eighth qualifying period to the twentieth qualifying period and nil, or a prescribed percentage, for any subsequent qualifying period,
(18) Paragraphs (a) to (c) of the definition specified percentage in subsection 125.‍7(1) of the Act are replaced by the following:
(a) for the first qualifying period, 85%; and
(b) for any of the second qualifying period to the fourth qualifying period, 70%.‍ (pourcentage déterminé)
(19) The portion of paragraph (a) of the definition top-up revenue reduction percentage in subsection 125.‍7(1) of the Act before the formula is replaced by the following:
(a) for any of the fifth qualifying period to the seventh qualifying period, the result (expressed as a percentage) of the formula
(20) The portion of paragraph (b) of the definition top-up revenue reduction percentage in subsection 125.‍7(1) of the Act before subparagraph (i) is replaced by the following:
(b) for any of the eighth qualifying period to the tenth qualifying period, the greater of
(21) Paragraph (c) of the definition top-up revenue reduction percentage in subsection 125.‍7(1) of the Act is replaced by the following:
(c) for the eleventh qualifying period and each subsequent qualifying period, the eligible entity’s revenue reduction percentage for the qualifying period. (pourcentage compensatoire de baisse de revenue)
(22) Subsection 125.‍7(1) of the Act is amended by adding the following in alphabetical order:
executive compensation repayment amount, of an eligible entity, means
(a) nil, unless
(i) shares of the capital stock of the eligible entity are listed or traded on a stock exchange or other public market, or
(ii) the eligible entity is controlled by a corporation described in subparagraph (i); and
(b) if the conditions in subparagraph (a)‍(i) or (ii) are met, the amount determined by the formula
A × B
where
A
is
(i) a percentage assigned to the eligible entity under an agreement if
(A) the agreement is entered into by
(I) the eligible entity,
(II) an eligible entity, shares of the capital stock of which are listed or traded on a stock exchange or other public market, that controls the eligible entity (referred to in this definition as the “public parent corporation”), if the public parent corporation received a deemed overpayment under subsection (2) in respect of the seventeenth qualifying period or any subsequent qualifying period, and
(III) each other eligible entity that received a deemed overpayment under subsection (2) in respect of the seventeenth qualifying period or any subsequent qualifying period and was controlled in that period by the eligible entity or the public parent corporation, if any,
(B) the agreement is filed in prescribed form and manner with the Minister,
(C) the agreement assigns, for the purposes of this definition, a percentage in respect of each eligible entity referred to in clause (A) of this description,
(D) the total of all the percentages assigned under the agreement equals 100%, and
(E) the percentage allocated to any eligible entity under the agreement would not result in an amount allocated to the eligible entity in excess of the total of all amounts of deemed overpayments of the eligible entity under subsection (2) for the seventeenth qualifying period and any subsequent qualifying period, and
(ii)  in any other case, 100%, and
B
is the lesser of
(i) the total of all amounts each of which is an amount of a deemed overpayment under subsection (2) for each of the eligible entities described in clause (i)‍(A) of the description of A for the seventeenth qualifying period and each subsequent qualifying period, other than amounts in respect of employees on leave with pay, and
(ii) the amount determined by the formula
C − D
where
C
is the executive remuneration of the eligible entity, or of the public parent corporation that controls the eligible entity, if any, for the 2021 calendar year (prorated based upon the number of days of the eligible entity’s, or the public parent corporation’s, fiscal periods in the calendar year, if those fiscal periods are not the calendar year), and
D
is the executive remuneration of the eligible entity, or of the public parent corporation that controls the eligible entity, if any, for the 2019 calendar year (prorated based upon the number of days of the eligible entity’s, or the public parent corporation’s, fiscal periods in the calendar year, if those fiscal periods are not the calendar year). (montant du remboursement de la rémunération de la haute direction)
executive remuneration, of an eligible entity, means
(a) the total amount of compensation that is reported in the eligible entity’s Statement of Executive Compensation for Named Executive Officers pursuant to National Instrument 51-102 Continuous Disclosure Obligations, as amended from time to time, of the Canadian Securities Administrators in respect of Named Executive Officers of the eligible entity;
(b) if paragraph (a) does not apply and the eligible entity is required to make a similar disclosure to shareholders under the laws of another jurisdiction, the amount of total compensation reported in that disclosure (if the compensation of more than five individuals is required to be reported under that disclosure, using the five most highly compensated of those individuals); and
(c) if paragraphs (a) and (b) do not apply, the amount that would be required to be reported by the eligible entity using the methodology for preparing the Statement of Executive Compensation referred to in paragraph (a).‍ (rémunération de la haute direction)
qualifying recovery entity, for a qualifying period, means an eligible entity that meets the following conditions:
(a) it files an application with the Minister in respect of the qualifying period in prescribed form and manner no later than 180 days after the end of the qualifying period;
(b) it is a qualifying entity for the qualifying period;
(c) if it is a corporation (other than a corporation that is exempt from tax under this Part), it
(i) is a Canadian-controlled private corporation, or
(ii) would be a Canadian-controlled private corporation absent the application of subsection 136(1);
(d) if it is a partnership, throughout the qualifying period it is the case that
A ≤ 0.‍5B
where
A
is the total of all amounts, each of which is the fair market value of an interest in the partnership held — directly or indirectly, through one or more partnerships — by
(i) a person or partnership other than an eligible entity, or
(ii) a corporation, other than a corporation that
(A) is exempt from tax under this Part, or
(B) is described in subparagraph (c)‍(i) or (ii), and
B
is the total fair market value of all interests in the partnership; and
(e) it has a revenue reduction percentage
(i) greater than 0%, if it is the seventeenth qualifying period, or
(ii) greater than 10%, if it is any of the eighteenth qualifying period to the twenty-second qualifying period. (entité de relance admissible)
recovery wage subsidy rate, for a qualifying period, means
(a) for any of the seventeenth qualifying period to the nineteenth qualifying period, 50%;
(b) for the twentieth qualifying period, 40%;
(c) for the twenty-first qualifying period, 30%; and
(d) for the twenty-second qualifying period, 20%. (taux de subvention salariale de relance)
total base period remuneration, of an eligible entity, means the total of all amounts, each of which is for an eligible employee in respect of a week in the fourteenth qualifying period, equal to the least of
(a) $1,129,
(b) the eligible remuneration paid to the eligible employee in respect of the week,
(c) if the eligible employee does not deal at arm’s length with the eligible entity in the qualifying period, the baseline remuneration in respect of the eligible employee determined for that week, and
(d) if the eligible employee is on leave with pay in the week, nil. (rémunération totale de la période de base)
total current period remuneration, of an eligible entity for a qualifying period, means the total of all amounts, each of which is for an eligible employee in respect of a week in the qualifying period, equal to the least of
(a) $1,129,
(b) the eligible remuneration paid to the eligible employee in respect of the week,
(c) if the eligible employee does not deal at arm’s length with the eligible entity in the qualifying period, the baseline remuneration in respect of the eligible employee determined for that week, and
(d) if the eligible employee is on leave with pay in the week, nil. (rémunération totale de la période actuelle)
(23) Subsection 125.‍7(3) of the Act is replaced by the following:
Canada recovery hiring program
(2.‍2) For a qualifying recovery entity for a qualifying period, an overpayment on account of the qualifying entity’s liability under this Part for the taxation year in which the qualifying period ends is deemed to have arisen during the qualifying period in an amount determined by the formula
A × (B − C)
where
A
is the recovery wage subsidy rate for the qualifying period;
B
is the qualifying recovery entity’s total current period remuneration for the qualifying period; and
C
is the qualifying recovery entity’s total base period remuneration.
When assistance received
(3) For the purposes of this Act other than this section, and for greater certainty, an amount that an eligible entity is deemed under any of subsections (2) to (2.‍2) to have overpaid is assistance received by it from a government immediately before the end of the qualifying period to which it relates.
(24) Paragraph 125.‍7(4.‍2)‍(d) of the Act is replaced by the following:
(d) if the seller meets any of the following conditions, the eligible entity is deemed to meet that condition:
(i) either of the conditions in paragraph (d) of the definition qualifying entity in subsection (1), and
(ii) both of the conditions in subparagraph (c)‍(ii), or the condition in subparagraph (c)‍(iii), of the definition qualifying renter in subsection (1); and
(25) Paragraphs 125.‍7(5)‍(a) and (b) of the Act are replaced by the following:
(a) the amount of any deemed overpayment by an eligible entity under any of subsections (2) to (2.‍2) in respect of a qualifying period cannot exceed the amount claimed by the eligible entity in the application referred to in paragraph (a) of the definition qualifying entity in subsection (1) — or paragraph (a) of the definition qualifying renter in subsection (1) or paragraph (a) of the definition qualifying recovery entity in subsection (1) — in respect of that qualifying period; and
(b) if an eligible employee is employed in a week by two or more qualifying entities that do not deal with each other at arm’s length, the total amount of the deemed overpayment under subsection (2) or (2.‍2) in respect of the eligible employee for that week shall not exceed the amount that would arise if the eligible employee’s eligible remuneration for that week were paid by one qualifying entity.
(26) Subparagraph 125.‍7(6)‍(b)‍(ii) of the Act is replaced by the following:
(ii) in respect of the fifth qualifying period and subsequent qualifying periods, increase the amount of a deemed overpayment under subsection (2), or
(27) Section 125.‍7 of the Act is amended by adding the following after subsection (6):
Anti-avoidance — recovery wage subsidy
(6.‍1) Notwithstanding any other provision in this section, the total current period remuneration of an eligible entity for a qualifying period is deemed to be equal to the total base period remuneration of the eligible entity, if
(a) the eligible entity, or a person or partnership not dealing at arm’s length with the eligible entity, enters into a transaction or participates in an event (or a series of transactions or events) or takes an action (or fails to take an action) that has the effect of increasing the difference between the total current period remuneration and the total base period remuneration of the eligible entity for the qualifying period; and
(b) it is reasonable to conclude that one of the main purposes of the transaction, event, series or action in paragraph (a) is to increase the amount of a deemed overpayment under subsection (2.‍2).
(28) Paragraphs 125.‍7(7)‍(a) and (b) of the Act are replaced by the following:
(a) for the purposes of subsections (2) to (2.‍2) and subsections 152(3.‍4) and 160.‍1(1), to be a taxpayer; and
(b) for the purposes of subsections (2) to (2.‍2), to have a liability under this Part for a taxation year in which a qualifying period ends.
(29) Subparagraphs 125.‍7(8)‍(a)‍(i) and (ii) of the Act are replaced by the following:
(i) the percentages in subparagraphs (a)‍(i), (b)‍(i), (c)‍(i), (d)‍(i), (e)‍(i), (f)‍(i), (g)‍(i), (h)‍(i), (i)‍(i) and (j)‍(i), and
(ii) the factors in subparagraphs (a)‍(ii), (b)‍(ii), (c)‍(ii), (d)‍(ii), (e)‍(ii), (f)‍(ii), (g)‍(ii), (h)‍(ii), (i)‍(ii) and (j)‍(ii); and
(30) Paragraph 125.‍7(8)‍(b) of the Act is replaced by the following:
(b) the definition rent subsidy percentage in subsection (1), the factors and percentages in paragraphs (a) and (a.‍1) of that definition;
(b.‍1) the definition recovery wage subsidy rate in subsection (1), the percentages in that definition; and
(31) Section 125.‍7 of the Act is amended by adding the following after subsection (9):
Special case
(9.‍1) For the purposes of paragraph (9)‍(b), if the particular qualifying period is the eleventh qualifying period, then the immediately preceding qualifying period is deemed to be the ninth qualifying period.
Greater of wage and recovery subsidies
(9.‍2) For a qualifying period,
(a) if the amount of any deemed overpayment under subsection (2) is equal to or greater than the amount of any deemed overpayment under subsection (2.‍2), the amount of any deemed overpayment under subsection (2.‍2) is deemed to be nil; and
(b) if the amount of any deemed overpayment under subsection (2.‍2) is greater than the amount of any deemed overpayment under subsection (2), the amount of any deemed overpayment under subsection (2) is deemed to be nil.
(32) Section 125.‍7 of the Act is amended by adding the following in numerical order:
Executive compensation
(14) The amount of a refund made by the Minister to an eligible entity in respect of a deemed overpayment under subsection (2) on a particular date under subsection 164(1.‍6), in respect of any of the seventeenth qualifying period to the twenty-second qualifying period, is deemed to be an amount that has been refunded to the eligible entity on that particular date (for the taxation year in which the refund was made) in excess of the amount to which the eligible entity was entitled as a refund under this Act to the extent of the lesser of the amount of the refund and the amount determined by the formula
A − B
where
A
is the executive compensation repayment amount of the eligible entity; and
B
is the total of all amounts deemed to be an excess refund to the eligible entity under this subsection in respect of refunds made after the particular date.
Foreign currency — executive remuneration
(15) For the purposes of paragraphs 261(2)‍(b) and (5)‍(c), amounts referred to in the definition executive remuneration in subsection (1) are deemed to arise on the last day of the eligible entity’s fiscal period to which the amount relates and not at any other time.
(32.‍1) The Minister of Finance must prepare a report on proposed measures to
(a) prevent publicly traded companies and their subsidiaries from paying dividends or repurchasing their own shares while receiving the Canada Emergency Wage Subsidy, for the period that is after the tabling of the report under subsection (32.‍2); and
(b) recover wage subsidy amounts from publicly traded companies and their subsidiaries that paid dividends or repurchased their own shares while receiving the Canada Emergency Wage Subsidy, for the period that is before the tabling of the report under subsection (32.‍2).
(32.‍2) The Minister of Finance must cause the report to be tabled in each House of Parliament no later than 30 days after the day on which this Act receives royal assent or, if either House is not then sitting, on any of the first 15 days on which that House is sitting.
(33) Subsections (12) and (24) are deemed to have come into force on September 27, 2020.
25 (1) Subclause 126(1)‍(b)‍(ii)‍(A)‍(III) of the Act is replaced by the following:
(III) the total of all amounts each of which is an amount deducted under section 110.‍6 or paragraph 111(1)‍(b), or deductible under any of paragraphs 110(1)‍(d) to (g) and sections 112 and 113, in computing the taxpayer’s taxable income for the year, and
(2) Subclause 126(2.‍1)‍(a)‍(ii)‍(A)‍(III) of the Act is replaced by the following:
(III) the total of all amounts each of which is an amount deducted under section 110.‍6 or paragraph 111(1)‍(b), or deductible under any of paragraphs 110(1)‍(d) to (g) and sections 112 and 113, in computing the taxpayer’s taxable income for the year, and
(3) Subsections (1) and (2) come into force or are deemed to have come into force on July 1, 2021.
26 (1) The portion of paragraph 128.‍1(1)‍(c.‍3) of the Act before subparagraph (i) is replaced by the following:
Foreign affiliate dumping — immigrating corporation
(c.‍3) if the taxpayer is a corporation that was, immediately before the particular time, controlled by one non-resident person or, if no single non-resident person controlled the CRIC, a group of non-resident persons not dealing with each other at arm’s length (in this section, that one non-resident person, or each member of the group of non-resident persons, as the case may be, is referred to as a “parent”, and the group of non-resident persons, if any, is referred to as the “group of parents”) and the taxpayer owned, immediately before the particular time, one or more shares of one or more non-resident corporations (each of which is in this paragraph referred to as a “subject affiliate”) that, immediately after the particular time, were — or that became, as part of a transaction or event or series of transactions or events that includes the taxpayer having become resident in Canada — foreign affiliates of the taxpayer, then
(2) Subparagraph 128.‍1(1)‍(c.‍3)‍(ii) of the Act is replaced by the following:
(ii) for the purposes of Part XIII, the taxpayer is deemed, immediately after the particular time, to have paid to each parent, and each parent is deemed, immediately after the particular time, to have received from the taxpayer, a dividend in an amount determined by the formula
(A – B) × C/D
where
A
is the amount determined under clause (B) of the description of A in subparagraph (i),
B
is the amount determined under clause (A) of the description of A in subparagraph (i),
C
is the fair market value, immediately after the particular time, of the shares of the capital stock of the taxpayer that are held, directly or indirectly, by the parent, and
D
is the total of all amounts each of which is the fair market value, immediately after the particular time, of the shares of the capital stock of the taxpayer that are held, directly or indirectly, by a parent.
(3) Subsections (1) and (2) apply in respect of transactions or events that occur after March 18, 2019.
27 (1) Section 132 of the Act is amended by adding the following after subsection (5.‍2):
Allocation to redeemers
(5.‍3) If a trust that is a mutual fund trust throughout a taxation year paid or made payable, at any time in the taxation year, to a beneficiary an amount on a redemption by that beneficiary of a unit of the trust (in this subsection referred to as the “allocated amount”), and the beneficiary’s proceeds from the disposition of that unit do not include the allocated amount, in computing its income for the taxation year no deduction may be made by the trust in respect of
(a) the portion of the allocated amount that would be, without reference to subsection 104(6), an amount paid out of the income (other than taxable capital gains) of the trust; and
(b) the portion of the allocated amount determined by the formula
A − ½(B + C − D)
where
A
is the portion of the allocated amount that would be, without reference to subsection 104(6), an amount paid out of the taxable capital gains of the trust,
B
is the beneficiary’s proceeds from the disposition of the unit on the redemption,
C
is the allocated amount, and
D
is the amount determined by the trustee to be the beneficiary’s cost amount of that unit, using reasonable efforts to obtain the information required to determine the cost amount.
(2) Subsection (1) applies to taxation years that begin after March 18, 2019. However, paragraph 132(5.‍3)‍(b) of the Act, as enacted by subsection (1), does not apply to a taxation year of a mutual fund trust that begins before December 16, 2021, if, in that taxation year, units of the trust are
(a) listed on a designated stock exchange in Canada; and
(b) in continuous distribution.
28 Paragraph (a) of the definition tax deferred cooperative share in subsection 135.‍1(1) of the Act is replaced by the following:
(a) issued, after 2005 and before 2026, by an agricultural cooperative corporation to a person or partnership that is at the time the share is issued an eligible member of the agricultural cooperative corporation, pursuant to an allocation in proportion to patronage;
29 (1) Subsection 143.‍3(5) of the Act is amended by striking out “and” at the end of paragraph (c), by adding “and” at the end of paragraph (d) and by adding the following after paragraph (d):
(e) this section does not apply to prohibit the deduction of an amount under paragraph 110(1)‍(e).
(2) Subsection (1) comes into force or is deemed to have come into force on July 1, 2021.
30 (1) The definition designated employee benefit in subsection 144.‍1(1) of the Act is replaced by the following:
designated employee benefit means a benefit that is  
(a) from a group sickness or accident insurance plan;
(b) from a group term life insurance policy;
(c) from a private health services plan;
(d) in respect of a counselling service described in subparagraph 6(1)‍(a)‍(iv); or
(e) not a death benefit, but that would be a death benefit if the amounts determined for paragraphs (a) and (b) of the definition death benefit in subsection 248(1) were nil. (prestation désignée)
(2) Paragraph 144.‍1(2)‍(a) of the Act is replaced by the following:
(a) the only purpose of the trust is to provide benefits to, or for the benefit of, persons described in subparagraph (d)‍(i) or (ii) and all or substantially all of the total cost of the benefits is applicable to designated employee benefits;
(3) Paragraph 144.‍1(2)‍(c) of the Act is replaced by the following:
(c) the trust meets one of the following conditions:
(i) the trust is required to be resident in Canada, determined without reference to section 94, or
(ii) if the condition in subparagraph (i) is not met, it is the case that
(A) employee benefits are provided to employees who are resident in Canada and to employees who are not resident in Canada,
(B) one or more participating employers are employers that are resident in a country other than Canada, and
(C) the trust is required to be resident in a country in which a participating employer resides;
(4) Subparagraph 144.‍1(2)‍(d)‍(i) of the Act is replaced by the following:
(i) an employee of a participating employer or former participating employer,
(5) The portion of subparagraph 144.‍1(2)‍(d)‍(ii) of the Act before clause (A) is replaced by the following:
(ii) an individual who, in respect of an employee of a participating employer or former participating employer, is (or, if the employee is deceased, was, at the time of the employee’s death)
(6) Paragraph 144.‍1(2)‍(e) of the Act is replaced by the following:
(e) the trust meets one of the following conditions:
(i) it contains at least one class of beneficiaries where
(A) the members of the class represent at least 25% of all of the beneficiaries of the trust who are employees of the participating employers under the trust, and
(B) either of the following conditions is met:
(I) at least 75% of the members of the class are not key employees of any of the participating employers under the trust, or
(II) the contributions to the trust in respect of key employees who deal at arm’s length with their employer are determined in connection with a collective bargaining agreement, or
(ii) in respect of the private health services plan under the trust, the total cost of benefits provided to each key employee (and to persons described in subparagraph (2)‍(d)‍(ii) in respect of the key employee) in relation to the year does not exceed the amount determined by the formula
$2,500 × A(B/C)
where
A
is the total number of persons each of whom
(A) is a person to whom designated employee benefits are provided under the plan, and
(B) is the key employee or a person described in subparagraph (2)‍(d)‍(ii) in respect of the key employee,
B
is the number of days in the year that the key employee was employed on a full-time basis by an employer that participates in the plan, and
C
is the number of days in the year;
(7) Subsection 144.‍1(2) of the Act is amended by adding “and” at the end of paragraph (g) and by replacing paragraphs (h) and (i) with the following:
(i) trustees who do not deal at arm’s length with one or more participating employers must not constitute the majority of the trustees of the trust.
(8) Paragraphs 144.‍1(3)‍(a) and (b) of the Act are replaced by the following:
(a) is not operated in accordance with the terms required by subsection (2) to govern the trust, unless it is reasonable to conclude that its trustees neither knew nor ought to have known that designated employee benefits have been provided to, or contributions have been made in respect of, beneficiaries other than those described in subparagraph (2)‍(d)‍(i) or (ii); or
(b) provides any benefit for which, if the benefit had been paid directly to the employee and not out of the trust, the contributions or premiums would not be deductible in computing the income of an employer in respect of any taxation year.
(9) Subsection 144.‍1(6) of the Act is replaced by the following:
Deductibility — collectively bargained or similar agreement
(6) Despite subsection (4) and paragraph 18(9)‍(a), an employer may deduct in computing its income for a taxation year the amount that it is required to contribute for the year to an employee life and health trust if the following conditions are met at the time that the contribution is made:
(a) the employer contributes to the trust in accordance with a contribution formula that does not provide for any variation in contributions determined by reference to the financial experience of the trust and either of the following conditions is met:
(i) if there is a collective bargaining agreement, the trust provides benefits
(A) negotiated under the collective bargaining agreement, or
(B) under a participation agreement that are substantially the same as under the collective bargaining agreement, or
(ii) in any other case, the trust provides benefits in accordance with an arrangement that meets the following conditions:
(A) there is a legal requirement for each employer to participate in accordance with the terms and conditions that govern the trust,
(B) there are a minimum of 50 beneficiaries under the trust who are employees of the participating employers in respect of the trust, and
(C) each employee who is a beneficiary under the trust deals at arm’s length with each participating employer in respect of the trust; and
(b) contributions that are to be made by each employer are determined, in whole or in part, by reference to the number of hours worked by individual employees of the employer or some other measure that is specific to each employee with respect to whom contributions are made to the trust.
(10) Section 144.‍1 of the Act is amended by adding the following after subsection (13):
Conditions — deemed employee life and health trust
(14) Subsection (15) applies in respect of a trust if
(a) the trust was established before February 28, 2018;
(b) the contributions to the trust are determined in connection with a collective bargaining agreement;
(c) all or substantially all of the employee benefits provided by the trust are designated employee benefits; and
(d) the trust elects in prescribed form and manner that subsection (15) applies as of a particular date after 2018.
Deemed employee life and health trust
(15) If this subsection applies in respect of a trust,
(a) the trust is deemed for the purposes of the Act to be an employee life and health trust from the particular date referred to in paragraph (14)‍(d) until the earliest of
(i) the end of 2022,
(ii) the day that the trust satisfies the conditions in subsection (2), and
(iii) any day on which the condition in paragraph (14)‍(c) is not satisfied; and
(b) at any time that the trust is an employee life and health trust because of paragraph (a),
(i) subsection 111(7.‍5) applies to the trust as if the reference in paragraph (b) of that subsection to “subsection 144.‍1(3)” were read as a reference to “paragraph 144.‍1(3)‍(b)”, and
(ii) subsection (3) applies to the trust without reference to its paragraph (a).
Trust-to-trust transfer
(16) If a property is transferred from a trust that provides employee benefits substantially all of which are designated employee benefits (referred to in this subsection as the “transferor trust”) to an employee life and health trust (referred to in this subsection as the “receiving trust”), and if the Minister has been so notified in prescribed form, then
(a) the transferred property is deemed to have been disposed of by the transferor trust, and to have been acquired by the receiving trust, for an amount equal to the cost amount of the property to the transferor trust immediately before the disposition; and
(b) section 107.‍1 does not apply to the transfer.
Deductibility of transferred property
(17) If subsection (16) applies to a transfer of property to an employee life and health trust, the transfer shall not be considered to be a contribution to the employee life and health trust for the purposes of subsections (4) and (6).
Requirement to file
(18) A trust shall, on or before its first filing-due date after 2021, notify the Minister in prescribed form that it is an employee life and health trust if
(a) prior to February 27, 2018, it provided employee benefits substantially all of which are designated employee benefits;
(b) after February 26, 2018, it becomes an employee life and health trust because it satisfies the conditions in subsection (2); and
(c) subsections (15) and (16) do not apply to the trust.
(11) Subsections (1) to (10) are deemed to have come into force on February 27, 2018. As of that date, section 144.‍1 of the Act, as amended by subsections (1) to (10), applies in respect of trusts regardless of the date that the trust was established.
31 (1) The description of A in subsection 146(1.‍1) of the Act is replaced by the following:
A
is the amount determined for F in subsection 118(1.‍1) for that preceding taxation year; and
(2) Subsection 146(16) of the Act is amended by striking out “or” at the end of paragraph (a) and by adding the following after that paragraph:
(a.‍1) to a licensed annuities provider to acquire an advanced life deferred annuity for the benefit of the transferor, or
(3) Subsection (1) applies to the 2021 and subsequent taxation years.
(4) Subsection (2) is deemed to have come into force on January 1, 2020.
32 (1) Paragraph 146.‍3(2)‍(f) of the Act is amended by striking out “or” at the end of subparagraph (vii), by adding “or” at the end of subparagraph (viii) and by adding the following after subparagraph (viii):
(ix) an advanced life deferred annuity under which the individual is the annuitant, if the transfer is a refund described under paragraph (g) of the definition advanced life deferred annuity in subsection 146.‍5(1);
(2) Subsection 146.‍3(14.‍1) of the Act is amended by striking out “or” at the end of paragraph (a), by adding “or” at the end of paragraph (b) and by adding the following after paragraph (b):
(c) is transferred at the direction of the annuitant directly to a licensed annuities provider to acquire an advanced life deferred annuity for the benefit of the annuitant.
(3) Subsections (1) and (2) are deemed to have come into force on January 1, 2020.
33 (1) Paragraph (c) of the definition disability savings plan in subsection 146.‍4(1) of the Act is replaced by the following:
(c) that is entered into in a taxation year in respect of which
(i) the beneficiary is a DTC-eligible individual, or
(ii) the beneficiary is not a DTC-eligible individual and an amount is to be transferred from a registered disability savings plan of the beneficiary to the arrangement in accordance with subsection (8). (régime d’épargne-invalidité)
(2) Subparagraph 146.‍4(4)‍(f)‍(i) of the Act is replaced by the following:
(i) the beneficiary is not a DTC-eligible individual in respect of the taxation year that includes that time, unless the contribution is a specified RDSP payment in respect of the beneficiary, or
(3) The portion of subparagraph 146.‍4(4)‍(n)‍(i) of the Act before clause (A) is replaced by the following:
(i) if the calendar year is not a specified year for the plan and the conditions in clauses (p)‍(ii)‍(A) and (B) are not met in the calendar year, the total amount of disability assistance payments made from the plan to the beneficiary in the calendar year shall not exceed the specified maximum amount for the calendar year, except that, in calculating that total amount, any payment made following a transfer in the calendar year from another plan in accordance with subsection (8) is to be disregarded if it is made
(4) Subparagraph 146.‍4(4)‍(p)‍(ii) of the Act is replaced by the following:
(ii) the first calendar year in which the following conditions are met:
(A) the holder of the plan has requested that the issuer terminate the plan, and
(B) throughout the year, the beneficiary has no severe and prolonged impairments with the effects described in paragraph 118.‍3(1)‍(a.‍1).
(5) Section 146.‍4 of the Act is amended by adding the following after subsection (4):
Transitional rule
(4.‍01) If, after March 18, 2019 and before 2021, a registered disability savings plan would otherwise be required to be terminated because of subparagraph (4)‍(p)‍(ii) or any terms of the plan provided because of that subparagraph, then notwithstanding that subparagraph or those terms, the plan is not required to be terminated before 2021 in either of the following circumstances:
(a) the beneficiary of the plan has no severe and prolonged impairments with the effects described in paragraph 118.‍3(1)‍(a.‍1), or
(b) an election was made under subsection (4.‍1), as it read immediately before 2021, and the election ceases to be valid after March 18, 2019 and before 2021 because of paragraph (4.‍2)‍(b), as it read immediately before 2021.
(6) Subsections 146.‍4(4.‍1) to (4.‍3) of the Act are repealed.
(7) Subsections (1) to (4) and (6) are deemed to have come into force on January 1, 2021.
34 (1) The Act is amended by adding the following after section 146.‍4:
Advanced Life Deferred Annuity
Definitions
146.‍5 (1) The following definitions apply in this section.
advanced life deferred annuity means a contract for an annuity that meets the following conditions:
(a) it is issued by a licensed annuities provider;
(b) it specifies that it is intended to qualify as an advanced life deferred annuity under this Act;
(c) periodic annuity payments under the contract
(i) commence to be paid no later than the end of the calendar year in which the annuitant attains 85 years of age, and
(ii) are payable for the life of the annuitant or for the lives, jointly, of the annuitant and the annuitant’s spouse or common-law partner;
(d) periodic annuity payments under the contract are payable
(i) in equal amounts, or
(ii) in amounts that are not equal only because the payments
(A) are adjusted in whole or in part to reflect
(I) increases in the Consumer Price Index, as published by Statistics Canada under the authority of the Statistics Act, or
(II) increases at a rate specified in the contract, not exceeding 2% per annum, or
(B) are reduced on the death of the annuitant or the annuitant’s spouse or common-law partner;
(e) if an annuity is payable for the lives, jointly, of the annuitant and the annuitant’s spouse or common-law partner and the annuitant dies before payments commence to be paid, then the payments to the annuitant’s spouse or common-law partner shall
(i) commence no later than the date that they would have commenced if the annuitant were alive, and
(ii) be adjusted in accordance with generally accepted actuarial principles if the payments commence before the date they would have commenced if the annuitant were alive;
(f) the amount to be paid, if any, to one or more beneficiaries under the contract after the death of the annuitant — or, in the case of a joint-lives annuity, after the last death of the annuitant and the annuitant’s spouse or common-law partner — shall
(i) be paid as soon as practicable after the death of the annuitant or the last death of the annuitant and the annuitant’s spouse or common-law partner, as the case may be, and
(ii) not exceed the amount, if any, by which the total amount transferred to acquire the annuity exceeds the total amount of annuity payments made under the contract;
(g) it provides that all or part of the amount transferred to acquire the annuity may be refunded, if
(i) the refund is paid to reduce the amount of tax that would otherwise be payable by the annuitant under Part XI, and
(ii) the refund is
(A) paid to the annuitant, or
(B) transferred directly to
(I) the issuer of a registered retirement savings plan of the annuitant,
(II) the carrier of a registered retirement income fund of the annuitant,
(III) the administrator of a pooled registered pension plan under which the annuitant is a member, or
(IV) the administrator of a money purchase provision of a registered pension plan under which the annuitant is a member;
(h) if it provides that the spouse or common-law partner may request a payment in a single amount in full or partial satisfaction of the spouse’s or common-law partner’s entitlement to payments described in subparagraph (c)‍(ii) as a consequence of the death of the annuitant, then the single amount cannot exceed the present value (at the time the single amount is paid) of the other payments that, as a consequence of the payment of the single amount, cease to be provided;
(i) no right under the contract is capable of being assigned, charged, anticipated, given as security or surrendered; and
(j) it does not provide for any payment under the contract except as specified in this definition. (rente viagère différée à un âge avancé)
annuitant means an individual who has acquired a contract for an annuity from a licensed annuities provider. (rentier)
beneficiary, under a contract for an annuity, means an individual who has a right under the contract to receive a payment after the death of the annuitant or the annuitant’s spouse or common-law partner. (bénéficiaire)
Taxable amount — annuity payments
(2) Amounts (excluding amounts described in paragraph (f) or (g) of the definition advanced life deferred annuity in subsection (1) and including amounts deemed to have been received under paragraph (7)‍(a)) received by a taxpayer in a taxation year under an advanced life deferred annuity shall be included in computing the income of the taxpayer for the taxation year.
Taxable amount — death benefits
(3) Amounts described in paragraph (f) of the definition advanced life deferred annuity in subsection (1) received by a taxpayer in a taxation year under an advanced life deferred annuity as a result of the death of an individual shall be included in computing the income of
(a) the taxpayer for the taxation year, if the taxpayer is
(i) the spouse or common-law partner of the individual, or
(ii) a child or grandchild of the individual who was, immediately before the death of the individual, financially dependent on the individual for support; and
(b) the individual for the taxation year in which the individual died, in any other case.
Taxation of refunds
(4) The amount of a refund described in clause (g)‍(ii)‍(A) of the definition advanced life deferred annuity in subsection (1) that is paid to an annuitant shall be included in the income of the annuitant.
Treatment of amount transferred
(5) If an amount is paid in circumstances described in clause (g)‍(ii)‍(B) of the definition advanced life deferred annuity in subsection (1),
(a) the amount shall not, by reason only of that payment, be included by reason of paragraph 56(1)‍(z.‍5) in computing the income of any taxpayer;
(b) no deduction may be made under any provision of this Act in respect of the amount in computing the income of any taxpayer;
(c) in the case of an amount paid to a registered pension plan, the amount is deemed not to be a contribution for the purpose of applying Parts LXXXIII and LXXXV of the Income Tax Regulations; and
(d) in the case of an amount paid to a registered retirement savings plan or a pooled registered pension plan, the amount shall not be included in determining the amount of the individual’s undeducted RRSP premiums under subsection 204.‍2(1.‍2).
Deemed payment to beneficiary
(6) An amount is deemed to have been received at a particular time by a beneficiary (as defined in subsection 108(1)) of a deceased annuitant’s estate, and not by the legal representative of the deceased annuitant, if
(a) the amount is described in paragraph (f) of the definition advanced life deferred annuity in subsection (1);
(b) the amount was paid to the legal representative;
(c) the beneficiary is described in paragraph (3)‍(a);
(d) the beneficiary is entitled to the amount in full or partial satisfaction of their rights as a beneficiary under the deceased annuitant’s estate; and
(e) the amount is designated jointly by the legal representative and the beneficiary in prescribed form filed with the Minister.
Amended contract
(7) If an amendment made at any time to a contract results in it no longer meeting the conditions in the definition advanced life deferred annuity in subsection (1), the following rules apply:
(a) the annuitant under the contract immediately before that time is deemed to have received under the contract at that time an amount equal to the fair market value of their interest in the contract at that time; and
(b) the annuitant is deemed to have acquired their interest in the contract at that time at a cost equal to the fair market value of the interest at that time.
(2) Subsection (1) is deemed to have come into force on January 1, 2020.
35 (1) The portion of subparagraph 147(2)‍(k)‍(vi) of the Act before clause (A) is replaced by the following:
(vi) by a trustee under the plan to a licensed annuities provider to purchase for the beneficiary an annuity (other than an advanced life deferred annuity), if
(2) Subparagraph 147(2)‍(k.‍1)‍(ii.‍1) of the Act is replaced by the following:
(ii.‍1) an amount paid pursuant to or under the plan by a trustee under the plan to a licensed annuities provider to purchase for a beneficiary under the plan an annuity to which subparagraph (k)‍(vi) or (19)‍(d)‍(v) applies,
(3) The portion of paragraph 147(19)‍(d) of the French version of the Act before subparagraph (i) is replaced by the following:
d) le montant est transféré directement à l’un des régimes, fonds ou fournisseurs ci-après au profit du particulier :
(4) Paragraph 147(19)‍(d) of the Act is amended by striking out “or” at the end of subparagraph (iii), by adding “or” at the end of subparagraph (iv) and by adding the following after subparagraph (iv):
(v) a licensed annuities provider to acquire an advanced life deferred annuity, if the individual is an employee or former employee of an employer who participated in the plan on the employee’s behalf.
(5) Subsections (1) to (4) are deemed to have come into force on January 1, 2020.
36 (1) The portion of paragraph 147.‍3(1)‍(c) of the French version of the Act before subparagraph (i) is replaced by the following:
c) le montant est transféré directement à l’un des régimes, fonds ou fournisseurs suivants :
(2) Paragraph 147.‍3(1)‍(c) of the Act is amended by striking out “or” at the end of subparagraph (ii), by adding “or” at the end of subparagraph (iii) and by adding the following after subparagraph (iii):
(iv) a licensed annuities provider to acquire an advanced life deferred annuity for the benefit of the member.
(3) Paragraph 147.‍3(3)‍(c) of the Act is replaced by the following:
(c) is transferred directly to another registered pension plan to be held in connection with a defined benefit provision of the other plan, unless the transfer is to an individual pension plan (as defined in subsection 8300(1) of the Income Tax Regulations) and is in respect of benefits that are attributable to employment with a former employer that is not a participating employer (or its predecessor employer); and
(4) Subsections (1) and (2) are deemed to have come into force on January 1, 2020.
(5) Subsection (3) is deemed to have come into force on March 19, 2019.
37 (1) Paragraph 147.‍4(1)‍(a) of the Act is replaced by the following:
(a) at any time an individual acquires, in full or partial satisfaction of the individual’s entitlement to benefits under a registered pension plan, an interest in an annuity contract (other than an advanced life deferred annuity) purchased from a licensed annuities provider,
(2) Subsection (1) is deemed to have come into force on January 1, 2020.
38 (1) The portion of the definition qualifying annuity in subsection 147.‍5(1) of the Act before paragraph (a) is replaced by the following:
qualifying annuity, for an individual, means an annuity (other than an advanced life deferred annuity) that
(2) Paragraph 147.‍5(5)‍(a) of the Act is replaced by the following:
(a) the payment of benefits to a member that would be in accordance with paragraph 8506(1)‍(e.‍1) or (e.‍2) of the Income Tax Regulations if the benefits were provided under a money purchase provision of a registered pension plan; and
(3) Paragraph 147.‍5(21)‍(c) of the Act is amended by striking out “or” at the end of subparagraph (iv), by adding “or” at the end of subparagraph (v) and by adding the following after subparagraph (v):
(vi) a licensed annuities provider to acquire an advanced life deferred annuity for the benefit of the member.
(4) Subsections (1) to (3) are deemed to have come into force on January 1, 2020.
39 (1) The definition ineligible individual in subsection 149.‍1(1) of the Act is amended by striking out “or” at the end of paragraph (d) and by adding the following after paragraph (e):
(f) a listed terrorist entity, or a member of a listed terrorist entity,
(g) a director, trustee, officer or like official of a listed terrorist entity during a period in which that entity supported or engaged in terrorist activities, including a period prior to the date on which the entity became a listed terrorist entity, or
(h) an individual who controlled or managed, directly or indirectly, in any manner whatever, a listed terrorist entity during a period in which that entity supported or engaged in terrorist activities, including a period prior to the date on which the entity became a listed terrorist entity; (particulier non admissable)
(2) The definition qualifying journalism organization in subsection 149.‍1(1) of the Act is amended by striking out “and” at the end of paragraph (f), by adding “and” at the end of paragraph (g) and by adding the following after paragraph (g):
(h) it is primarily engaged in the production of original news content; (organisation journalistique admissible)
(3) Subsection 149.‍1(1) of the Act is amended by adding the following in alphabetical order:
listed terrorist entity, at any time, means a person, partnership, group, fund, unincorporated association or organization that is at that time a listed entity, as defined in subsection 83.‍01(1) of the Criminal Code; (entité terroriste inscrite)
(4) Section 149.‍1 of the Act is amended by adding the following after subsection (1.‍01):
Deeming rule — listed terrorist entity
(1.‍02) If, but for this subsection, a person, partnership, group, fund, unincorporated association or organization becomes a listed terrorist entity at a particular time and ceases to be a listed terrorist entity at a later time further to an application made under subsection 83.‍05(2) of the Criminal Code or as a result of paragraph 83.‍05(6)‍(d) of that Act, then the entity is deemed not to have become a listed terrorist entity and to not have been a listed terrorist entity throughout that period.
(5) Paragraph 149.‍1(4.‍1)‍(c) of the Act is replaced by the following:
(c) of a registered charity, if a false statement (as defined in subsection 163.‍2(1)) was made in circumstances amounting to culpable conduct (as defined in subsection 163.‍2(1)) in the furnishing of information for the purpose of obtaining or maintaining its registration;
(6) Subsection (2) is deemed to have come into force on January 1, 2019.
40 (1) Paragraph 152(1)‍(b) of the Act is replaced by the following:
(b) the amount of tax, if any, deemed by subsection 120(2) or (2.‍2), 122.‍5(3), 122.‍51(2), 122.‍7(2) or (3), 122.‍8(4), 122.‍9(2), 122.‍91(1), 125.‍4(3), 125.‍5(3), 125.‍6(2) or (2.‍1), 127.‍1(1), 127.‍41(3) or 210.‍2(3) or (4) to be paid on account of the taxpayer’s tax payable under this Part for the year.
(2) Paragraph 152(1)‍(b) of the Act is replaced by the following:
(b) the amount of tax, if any, deemed by subsection 120(2) or (2.‍2), 122.‍5(3) or (3.‍001), 122.‍51(2), 122.‍7(2) or (3), 122.‍8(4), 122.‍9(2), 122.‍91(1), 125.‍4(3), 125.‍5(3), 125.‍6(2) or (2.‍1), 127.‍1(1), 127.‍41(3) or 210.‍2(3) or (4) to be paid on account of the taxpayer’s tax payable under this Part for the year.
(3) Subsection 152(3.‍4) of the Act is replaced by the following:
COVID-19 — notice of determination
(3.‍4) The Minister may at any time determine the amount deemed by any of subsections 125.‍7(2) to (2.‍2) to be an overpayment on account of a taxpayer’s liability under this Part that arose during a qualifying period (as defined in subsection 125.‍7(1)), or determine that there is no such amount, and send a notice of the determination to the taxpayer.
(4) Clause 152(4)‍(b)‍(iii)‍(A) of the Act is replaced by the following:
(A) as a consequence of a transaction (as defined in subsection 247(1)) involving the taxpayer and a non-resident person with whom the taxpayer was not dealing at arm’s length, or
(5) Subsection (1) is deemed to have come into force on January 1, 2019.
(6) Subsection (2) is deemed to have come into force on March 25, 2020.
(7) Subsection (4) applies to taxation years of a taxpayer in respect of which the normal reassessment period (within the meaning of subsection 152(3.‍1) of the Act) for the taxpayer ends after March 18, 2019.
41 (1) Subsection 153(1) of the Act is amended by striking out “or” at the end of paragraph (s), by adding “or” at the end of paragraph (t) and by adding the following after paragraph (t):
(u) a payment out of or under an advanced life deferred annuity
(2) Subsection (1) is deemed to have come into force on January 1, 2020.
42 (1) Paragraph 157(3)‍(e) of the Act is replaced by the following:
(e) 1/12 of the total of the amounts each of which is deemed by subsection 125.‍4(3), 125.‍5(3), 125.‍6(2) or (2.‍1), 127.‍1(1) or 127.‍41(3) to have been paid on account of the corporation’s tax payable under this Part for the year.
(2) Paragraph 157(3.‍1)‍(c) of the Act is replaced by the following:
(c) 1/4 of the total of the amounts each of which is deemed by subsection 125.‍4(3), 125.‍5(3), 125.‍6(2) or (2.‍1), 127.‍1(1) or 127.‍41(3) to have been paid on account of the corporation’s tax payable under this Part for the taxation year.
(3) Subsections (1) and (2) are deemed to have come into force on January 1, 2019.
43 (1) Subparagraph 163(2)‍(h)‍(i) of the Act is replaced by the following:
(i) the amount that would be deemed by subsection 125.‍6(2) or (2.‍1) to have been paid for the year by the person if that amount were calculated by reference to the information provided in the return filed for the year pursuant to that subsection
(2) Subparagraph 163(2)‍(i)‍(i) of the Act is replaced by the following:
(i) the amount that would be deemed by any of subsections 125.‍7(2) to (2.‍2) to have been an overpayment by the person or partnership if that amount were calculated by reference to the information provided in the application filed pursuant to paragraph (a) of the definition qualifying entity in subsection 125.‍7(1), paragraph (a) of the definition qualifying renter in subsection 125.‍7(1) or paragraph (a) of the definition qualifying recovery entity in subsection 125.‍7(1), as the case may be
(3) Section 163 of the Act is amended by adding the following after subsection (2.‍901):
Penalty — COVID-19
(2.‍902) Every eligible entity that is deemed by subsection 125.‍7(6.‍1) to have an amount of total current period remuneration for a qualifying period is liable to a penalty equal to 25% of the amount that would be deemed by subsection 125.‍7(2.‍2) to have been an overpayment by the eligible entity during that qualifying period if that amount were calculated by reference to the information provided in the application filed pursuant to paragraph (a) of the definition qualifying recovery entity in subsection 125.‍7(1).
(4) Subsection (1) is deemed to have come into force on January 1, 2019.
44 (1) Subparagraph 164(1)‍(a)‍(ii) of the Act is replaced by the following:
(ii) before sending the notice of assessment for the year, where the taxpayer is a qualified corporation (as defined in subsection 125.‍4(1)), an eligible production corporation (as defined in subsection 125.‍5(1)) or a qualifying journalism organization (as defined in subsection 125.‍6(1)) and an amount is deemed under subsection 125.‍4(3), 125.‍5(3) or 125.‍6(2) or (2.‍1) to have been paid on account of its tax payable under this Part for the year, refund all or part of any amount claimed in the return as an overpayment for the year, not exceeding the total of those amounts so deemed to have been paid, and
(2) Subsection 164(1.‍6) of the Act is replaced by the following:
COVID-19 refunds
(1.‍6) Notwithstanding subsection (2.‍01), at any time after the beginning of a taxation year of a taxpayer in which an overpayment is deemed to have arisen under any of subsections 125.‍7(2) to (2.‍2), the Minister may refund to the taxpayer all or any part of the overpayment.
(3) Subsection (1) is deemed to have come into force on January 1, 2019.
45 Section 168 of the Act is amended by adding the following after subsection (3):
Listed terrorist entities
(3.‍1) Notwithstanding subsections (1), (2) and (4), if a qualified donee is a listed terrorist entity for the purposes of section 149.‍1, the registration of the qualified donee is revoked as of the date on which it became a listed terrorist entity.
46 (1) The Act is amended by adding the following after section 168:
Designation of Qualified Canadian Journalism Organizations
Date of designation
168.‍1 (1) If an organization is designated for the purpose of the definition qualified Canadian journalism organization in subsection 248(1), the organization is deemed to have become designated on the date that the application for designation of the organization was made, unless otherwise specified by the Minister.
Revocation of designation
(2) The Minister may, at any time, revoke the designation of an organization made for the purpose of the definition qualified Canadian journalism organization in subsection 248(1) and, for that purpose, the Minister shall take into account any recommendations of a body established for the purpose of that definition and referred to in paragraph (b) of that definition.
Notice and date of revocation
(3) If the designation of an organization is revoked under subsection (2),
(a) the Minister shall provide notice of the revocation to the organization in writing; and
(b) the revocation is deemed to be effective as of the date on which the notice in paragraph (a) is sent, unless the Minister specifies an earlier date.
(2) Subsection (1) is deemed to have come into force on January 1, 2019.
47 The portion of subsection 188(1) of the Act before paragraph (a) is replaced by the following:
Deemed year-end on notice of revocation
188 (1) If on a particular day the Minister issues a notice of intention to revoke the registration of a taxpayer as a registered charity under any of subsections 149.‍1(2) to (4.‍1) and 168(1), it becomes a listed terrorist entity or it is determined, under subsection 7(1) of the Charities Registration (Security Information) Act, that a certificate served in respect of the charity under subsection 5(1) of that Act is reasonable on the basis of information and evidence available,
48 Subsection 188.‍2(2) of the Act is amended by striking out “or” at the end of paragraph (d), by adding “or” at the end of paragraph (e) and by adding the following after paragraph (e):
(f) in the case of a person that is a registered charity, if a false statement (as defined in subsection 163.‍2(1)) was made in circumstances amounting to culpable conduct (as defined in subsection 163.‍2(1)) in the furnishing of information for the purpose of maintaining its registration.
49 (1) The Act is amended by adding the following after Part X.‍5:
PART XI 
Tax in Respect of Advanced Life Deferred Annuity
Definitions
205 (1) The following definitions apply in this section.
ALDA dollar limit, for a calendar year, means
(a) for 2020, $150,000; and
(b) for each year after 2020, the amount (rounded to the nearest multiple of $10,000, or if that amount is equidistant from two such consecutive multiples, to the higher multiple) that is equal to $150,000 adjusted for each year after 2020 in the manner set out in section 117.‍1. (plafond de la RVDAA)
cumulative excess amount, of an individual at any particular time in a calendar year, means the amount determined by the formula
A − B
where
A
is the greater of
(a) the total of all amounts each of which is an excess ALDA transfer of the individual at or before the particular time, and
(b) the amount determined by the formula
C − D
where
C
is the total of all amounts each of which is the amount of a transfer at or before the particular time to acquire an advanced life deferred annuity on behalf of the individual, and
D
is the ALDA dollar limit for the calendar year; and
B
is the total of all amounts each of which is the amount of a refund described in paragraph (g) of the definition advanced life deferred annuity in subsection 146.‍5(1) made at or before the particular time on behalf of the individual. (excédent cumulatif)
excess ALDA transfer, of an individual, means the portion of the amount of a transfer, made from a transferor plan under any of subsections 146(16) and 146.‍3(14.‍1) and paragraphs 147(19)‍(d), 147.‍3(1)‍(c) and 147.‍5(21)‍(c) to acquire an advanced life deferred annuity on behalf of the individual, determined by the formula
A − B
where
A
is the amount of the transfer; and
B
is the amount determined by the formula
0.‍25(C + D) − E
where
C
is the total value of the property held for the benefit of the individual under the transferor plan at the end of the calendar year preceding the calendar year in which the transfer is made, other than
(a) if the transferor plan is a registered pension plan, property held in connection with
(i) a defined benefit provision (as defined in subsection 147.‍1(1)) of the transferor plan, or
(ii) a VPLA fund, as described in subsection 8506(13) of the Income Tax Regulations,
(b) if the transferor plan is a pooled registered pension plan, property held in connection with benefits that would be described in paragraph 147.‍5(5)‍(a) if the reference in that paragraph to “8506(1)‍(e.‍1) or (e.‍2)” were read as a reference to “8506(1)‍(e.‍2)”,
(c) if the transferor plan is a registered retirement income fund, contracts for annuities held in connection with the fund other than annuities described in paragraph (b.‍1) of the definition qualified investment in subsection 146.‍3(1), and
(d) if the transferor plan is a registered retirement savings plan, contracts for annuities held in connection with the plan other than annuities described in paragraph (c.‍1) of the definition qualified investment in subsection 146(1),
D
is the total of all amounts each of which is the amount transferred from the transferor plan, in a calendar year preceding the calendar year in which the transfer is made, to acquire an advanced life deferred annuity on behalf of the individual, and
E
is the total of all amounts each of which is the amount of a previous transfer from the transferor plan to acquire an advanced life deferred annuity on behalf of the individual. (excédent de transfert au titre de la RVDAA)
Tax payable by individuals
(2) If at the end of any month an individual has a cumulative excess amount, the individual shall, in respect of that month, pay a tax under this Part equal to 1% of that cumulative excess amount.
Waiver of tax
(3) If an individual would, but for this subsection, be required to pay a tax under subsection (2) in respect of a month, the Minister may waive or cancel all or part of the tax if the individual establishes to the satisfaction of the Minister that
(a) the cumulative excess amount on which the tax is based arose as a consequence of reasonable error; and
(b) reasonable steps are being taken to eliminate the cumulative excess amount.
Return and payment of tax
206 (1) Every person who is liable to pay tax under this Part for all or part of a calendar year shall,
(a) on or before the person’s filing-due date for the year, file with the Minister a return for the year under this Part in prescribed form and containing prescribed information, without notice or demand; and
(b) on or before the person’s balance-due day for the year, pay to the Receiver General the amount of tax payable under this Part by the person for the year.
Provisions applicable to Part
(2) Subsections 150(2) and (3), sections 152 and 158 to 167 and Division J of Part I apply with any modifications that the circumstances require.
(2) Subsection (1) is deemed to have come into force on January 1, 2020.
50 (1) The Act is amended by adding the following after Part XI.‍4:
PART XI.‍5 
Tax in Respect of Employee Life and Health Trust
Definitions
207.‍9 (1) The following definitions apply in this Part.
participating employer of an employee life and health trust means an employer that provides designated employee benefits for its employees through a trust that meets the conditions described in subsection 144.‍1(2).‍ (employeur participant)
prohibited investment, at any time for an employee life and health trust, means property that is at that time
(a) a share of the capital stock of, an interest in or a debt of
(i) a participating employer of the employee life and health trust, or
(ii) a person or partnership that does not deal at arm’s length with a participating employer of the employee life and health trust; or
(b) an interest (or, for civil law, a right) in, or a right to acquire, a share, interest or debt described in paragraph (a).‍ (placement interdit)
Tax payable on prohibited investment
(2) A trust shall pay a tax under this Part for a calendar year if, at any time in the year while the trust is an employee life and health trust,
(a) the trust acquires property that is a prohibited investment for the trust; or
(b) income is received or becomes receivable by the trust from, or the trust has a taxable capital gain from the disposition of, a prohibited investment for the trust.
Amount of tax payable
(3) The amount of tax payable under subsection (2) is
(a) if paragraph (2)‍(a) applies, 50% of the fair market value of the property at the time it is acquired; and
(b) if paragraph (2)‍(b) applies, 50% of the income or the taxable capital gain.
Refund
(4) If in a calendar year a trust disposes of a property in respect of which a tax is imposed on the trust under subsection (2), the trust is entitled to a refund for the year of an amount equal to
(a) the amount of the tax so imposed, unless paragraph (b) applies; or
(b) nil, if
(i) it is reasonable to consider that the trustees knew, or ought to have known, at the time the property was acquired that it was, or would become, a property described in subsection (2), or
(ii) the property is not disposed of by the trust before the end of the calendar year following the calendar year in which the tax arose, or any later time that the Minister considers reasonable in the circumstances.
Deemed disposition and reacquisition
(5) If, at any time, a property held by an employee life and health trust ceases to be, or becomes, a prohibited investment for the employee life and health trust, the employee life and health trust is deemed to have disposed of the property immediately before that time for proceeds of disposition equal to the fair market value of the property at that time and to have reacquired the property at that time at a cost equal to that fair market value.
(2) Subsection (1) applies to the 2014 and subsequent taxation years.
51 Section 211.‍91 of the Act is amended by adding the following after subsection (2):
COVID-19 – expenses deemed incurred earlier
(2.‍1) If an agreement referred to in subsection 66(12.‍66) was made in 2019 or 2020,
(a) the reference in subsection (2) to “the following calendar year” is to be read as a reference to “the second following calendar year”; and
(b) for the purposes of this section and, where subparagraph (iii) applies, paragraph 66(12.‍66)‍(a), Canadian exploration expenses incurred by a corporation in respect of the agreement in a particular month in a calendar year are deemed to have been incurred
(i) in January 2020, if the expenses were incurred in 2020 and the agreement was entered into in 2019,
(ii) in January 2021, if the expenses were incurred in 2021 and the agreement was entered into in 2020, and
(iii) 12 months earlier, in any other case.
52 (1) Subsection 212(1) of the Act is amended by adding the following after paragraph (l):
Advanced life deferred annuity payment
(l.‍1) a payment of an amount described in paragraph 56(1)‍(z.‍5);
(2) The portion of subsection 212(2.‍1) of the Act before paragraph (c) is replaced by the following:
Exempt dividends
(2.‍1) Subsection (2) does not apply to an amount paid or credited, by a borrower, under a securities lending arrangement or a specified securities lending arrangement if
(a) the amount is deemed by subparagraph 260(8)‍(a)‍(ii) to be a dividend;
(b) either
(i) the arrangement is a fully collateralized arrangement, or
(ii) the borrower and the lender are dealing at arm’s length; and
(3) Paragraph (d) of the definition fully exempt interest in subsection 212(3) of the Act is replaced by the following:
(d) an amount paid or payable or credited under a securities lending arrangement, or a specified securities lending arrangement, that is deemed by subparagraph 260(8)‍(a)‍(i) to be a payment made by a borrower to a lender of interest, if the arrangement is a fully collateralized arrangement, and
(i) the following conditions are met:
(A) the arrangement was entered into by the borrower in the course of carrying on a business outside Canada, and
(B) the security that is transferred or lent to the borrower under the arrangement is described in paragraph (b) of the definition qualified security in subsection 260(1) and issued by a non-resident issuer,
(ii) the security that is transferred or lent to the borrower under the arrangement is described in paragraph (c) of the definition qualified security in subsection 260(1), or
(iii) the security that is transferred or lent to the borrower under the arrangement is described in paragraph (a) or (b). (intérêts entièrement exonérés)
(4) Subsection (1) is deemed to have come into force on January 1, 2020.
(5) Subsections (2) and (3) apply in respect of amounts paid or payable or credited after March 18, 2019.
53 (1) The portion of paragraph 212.‍3(1)‍(b) of the Act before clause (i)‍(A) is replaced by the following:
(b) the CRIC or an other Canadian corporation is immediately after the investment time, or becomes after the investment time and as part of a transaction or event or series of transactions or events that includes the making of the investment, controlled by one non-resident person or, if no single non-resident person controls the CRIC, by a group of non-resident persons not dealing with each other at arm’s length (in this section, that one non-resident person, or each member of the group of non-resident persons, as the case may be, is referred to as a “parent”, and the group of non-resident persons, if any, is referred to as the “group of parents”), and any of the following conditions is satisfied:
(i) if, at the investment time, a parent owned all shares of the capital stock of the CRIC and the other Canadian corporation, if applicable, that are owned — determined without reference to paragraph (25)‍(b) in the case of partnerships referred to in this subparagraph and as if all rights referred to in paragraph 251(5)‍(b), of the parent, each person that does not deal at arm’s length with the parent and all of those partnerships, were immediate and absolute and the parent and each of the other persons and partnerships had exercised those rights at the investment time — by the parent, persons that are not dealing at arm’s length with the parent and partnerships of which the parent or a person that is not dealing at arm’s length with the parent is a member (other than a limited partner within the meaning assigned by subsection 96(2.‍4)), the parent would own shares of the capital stock of the CRIC or the other Canadian corporation that
(2) Paragraph 212.‍3(2)‍(a) of the Act is replaced by the following:
(a) for the purposes of this Part and subject to subsections (3) and (7), the CRIC is deemed to have paid to each parent, and each parent is deemed to have received from the CRIC, at the dividend time, a dividend in an amount determined by the formula
A × B/C
where
A
is the total of all amounts each of which is the portion of the fair market value at the investment time of any property (not including shares of the capital stock of the CRIC) transferred, any obligation assumed or incurred, or any benefit otherwise conferred, by the CRIC, or of any property transferred to the CRIC which transfer results in the reduction of an amount owing to the CRIC, that can reasonably be considered to relate to the investment,
B
is
(i) if there is one parent, one, and
(ii) if there is a group of parents, the fair market value at the dividend time of the shares of the capital stock of the CRIC that are held, directly or indirectly, by the parent, and
C
is
(i) if there is one parent, one, and
(ii) if there is a group of parents, the total of all amounts each of which is the fair market value at the dividend time of the shares of the capital stock of the CRIC that are held, directly or indirectly, by a parent; and
(3) The portion of subsection 212.‍3(3) of the Act before paragraph (a) is replaced by the following:
Dividend substitution election
(3) If a CRIC (or a CRIC and a corporation that is a qualifying substitute corporation in respect of the CRIC at the dividend time) and a parent (or a parent and another non-resident person that at the dividend time is related to the parent) jointly elect in writing under this subsection in respect of an investment, and the election is filed with the Minister on or before the filing-due date of the CRIC for its taxation year that includes the dividend time, then the dividend that would, in the absence of this subsection, be deemed under paragraph (2)‍(a) to have been paid by the CRIC to the parent and received by the parent from the CRIC is deemed to have instead been
(4) Paragraph 212.‍3(3)‍(b) of the Act is replaced by the following:
(b) paid to, and received by, the parent or the other non-resident person, as agreed on in the election.
(5) Paragraphs (a) and (b) of the definition cross-border class in subsection 212.‍3(4) of the Act are replaced by the following:
(a) a parent, or a non-resident person that does not deal at arm’s length with a parent, owns at least one share of the class; and
(b) no more than 30% of the issued and outstanding shares of the class are owned by one or more persons resident in Canada that do not deal at arm’s length with a parent.‍ (catégorie transfrontalière)
(6) The portion of the definition dividend time before subparagraph (b)‍(ii) in subsection 212.‍3(4) of the Act is replaced by the following:
dividend time, in respect of an investment, means 
(a) if the CRIC is controlled by a parent or group of parents at the investment time, the investment time; and
(b) in any other case, the earlier of
(i) the first time, after the investment time, at which the CRIC is controlled by a parent or group of parents, as the case may be, and
(7) Paragraphs (a) to (c) of the definition qualifying substitute corporation in subsection 212.‍3(4) of the Act are replaced by the following:
(a) that is, at that time, controlled by
(i) a parent,
(ii) a group of parents, or
(iii) a non-resident person that does not deal at arm’s length with a parent;
(b) that has, at that time, an equity percentage (as defined in subsection 95(4)) in the CRIC; and
(c) shares of the capital stock of which are, at that time, owned by a parent or another non-resident person with which the parent does not, at that time, deal at arm’s length.‍ (société de substitution admissible)
(8) The portion of subsection 212.‍3(5.‍1) of the Act before paragraph (a) is replaced by the following:
Sequential investments — paragraph (10)‍(f)
(5.‍1) In the case of an investment (in this subsection referred to as the “second investment”) in a subject corporation by a CRIC described in paragraph (10)‍(f), the amount determined for A in paragraph (2)‍(a) in respect of the second investment is to be reduced by the amount determined for A in paragraph (2)‍(a) in respect of a prior investment (in this subsection referred to as the “first investment”) in the subject corporation by another corporation resident in Canada if
(9) Paragraphs 212.‍3(5.‍1)‍(b) and (c) of the Act are replaced by the following:
(b) immediately after the investment time in respect of the first investment, the other corporation is not controlled by
(i) if there is one parent in respect of the CRIC, the parent, and
(ii) if there is a group of parents in respect of the CRIC, the group of parents; and
(c) the other corporation becomes, after the time that is immediately after the investment time in respect of the first investment and as part of a transaction or event or series of transactions or events that includes the making of the first investment, controlled by the parent or group of parents, as the case may be, because of the second investment.
(10) The portion of paragraph 212.‍3(6)‍(a) of the Act before subparagraph (i) is replaced by the following:
(a) a particular corporation resident in Canada that does not deal at arm’s length with a parent
(11) The portion of clause 212.‍3(6)‍(a)‍(ii)‍(B) of the Act before subclause (I) is replaced by the following:
(B) the increase in paid-up capital in respect of the particular class can reasonably be considered to be connected to funding provided to the particular corporation or another corporation resident in Canada (other than the corporation that issued the particular class) by a parent or a non-resident person that does not deal at arm’s length with a parent, unless
(12) The portion of subparagraph 212.‍3(7)‍(a)‍(i) of the Act before clause (A) is replaced by the following:
(i) the amount determined, without reference to this subsection, for A in paragraph (2)‍(a), is reduced by the lesser of
(13) The portion of paragraph 212.‍3(7)‍(b) of the Act before subparagraph (ii) is replaced by the following:
(b) where the amount determined, without reference to this paragraph, for A in paragraph (2)‍(a) is equal to or greater than the total of all amounts each of which is an amount of paid-up capital immediately after the dividend time, determined without reference to this paragraph, of a cross-border class in respect of the investment, then
(i) the amount determined, without reference to this paragraph, for A in paragraph (2)‍(a) is reduced by the total referred to in this paragraph, and
(14) Paragraphs 212.‍3(7)‍(c) and (d) of the Act are replaced by the following:
(c) where paragraph (b) does not apply and there is at least one cross-border class in respect of the investment,
(i) the amount determined, without reference to this paragraph, for A in paragraph (2)‍(a) is reduced to nil,
(ii) in computing, at any time after the dividend time, the paid-up capital in respect of a particular cross-border class in respect of the investment, there is to be deducted the amount, if any, that when added to the total of all amounts that are deducted under this paragraph in computing the paid-up capital of other cross-border classes, results in the greatest total reduction because of this paragraph, immediately after the dividend time, of the paid-up capital in respect of shares of cross-border classes that are owned by a parent or another non-resident person with which a parent does not, at the dividend time, deal at arm’s length,
(iii) if the proportion of the shares of a particular class owned, in aggregate, by parents and non-resident persons that do not deal at arm’s length with parents is equal to the proportion so owned of one or more other cross-border classes (in this subparagraph all those classes, together with the particular class, referred to as the “relevant classes”), then the proportion that the reduction under subparagraph (ii) to the paid-up capital in respect of the particular class is of the paid-up capital, determined immediately after the dividend time and without reference to this paragraph, in respect of that class is to be equal to the proportion that the total reduction under subparagraph (ii) to the paid-up capital in respect of all the relevant classes is of the total paid-up capital, determined immediately after the dividend time and without reference to this paragraph, of all the relevant classes, and
(iv) the total of all amounts each of which is an amount to be deducted under subparagraph (ii) in computing the paid-up capital of a cross-border class is to be equal to the amount by which the amount determined for A in paragraph (2)‍(a) is reduced under subparagraph (i); and
(d) if the amount determined for A in paragraph (2)‍(a) is reduced because of any of subparagraphs (a)‍(i), (b)‍(i) and (c)‍(i),
(i) the CRIC shall file with the Minister in prescribed manner a form containing prescribed information and the amounts of the paid-up capital, determined immediately after the dividend time and without reference to this subsection, of each class of shares that is described in paragraph (a) or that is a cross-border class in respect of the investment, the paid-up capital of the shares of each of those classes that are owned by a parent or another non-resident person that does not, at the dividend time, deal at arm’s length with a parent, and the reduction under any of subparagraphs (a)‍(ii), (b)‍(ii) and (c)‍(ii) in respect of each of those classes, and
(ii) if the form is not filed on or before the CRIC’s filing-due date for its taxation year that includes the dividend time, the CRIC is deemed to have paid to each parent, and each parent is deemed to have received from the CRIC, on the filing-due date, a dividend equal to the total of all amounts each of which is the amount of a reduction because of any of subparagraphs (a)‍(i), (b)‍(i) and (c)‍(i) in the amount the CRIC is deemed under paragraph (2)‍(a) to have paid to the parent.
(15) The portion of paragraph 212.‍3(11)‍(c) of the Act before subparagraph (i) is replaced by the following:
(c) the CRIC and each parent jointly elect in writing under this paragraph in respect of the amount owing and file the election with the Minister on or before the filing-due date of the CRIC
(16) Paragraphs 212.‍3(15)‍(a) and (b) of the Act are replaced by the following:
(a) a CRIC or a taxpayer to which paragraph 128.‍1(1)‍(c.‍3) applies (in this subsection referred to as the “specific corporation”), that would, in the absence of this subsection, be controlled at any time
(i) by more than one non-resident person, is deemed not to be controlled at that time by any such person that controls at that time another non-resident person that controls at that time the specific corporation, unless the application of this paragraph would otherwise result in no non-resident person controlling the specific corporation, and
(ii) by a particular non-resident corporation is deemed not to be controlled at that time by the particular non-resident corporation if the particular non-resident corporation is controlled at that time by another corporation that is at that time
(A) resident in Canada, and
(B) not controlled by any non-resident person or group of non-resident persons not dealing with each other at arm’s length; and
(b) a non-resident person is deemed not to be a member of a particular group of non-resident persons not dealing with each other at arm’s length that controls the specific corporation if
(i) the non-resident person would, absent the application of this paragraph, be a member of the particular group, and
(ii) the non-resident person is a member of the particular group solely because it controls, or is a member of a group that controls, another member of the particular group.
(17) The portion of paragraph 212.‍3(16)‍(a) of the Act before subparagraph (i) is replaced by the following:
(a) the business activities carried on by the subject corporation and all other corporations (those other corporations in this subsection and subsection (17) referred to as the “subject subsidiary corporations”) in which the subject corporation has, at the investment time, an equity percentage (as defined in subsection 95(4)) are at the investment time, and are expected to remain, on a collective basis, more closely connected to the business activities carried on in Canada by the CRIC, or by any corporation resident in Canada with which the CRIC does not, at the investment time, deal at arm’s length, than to the business activities carried on by any non-resident person with which the CRIC, at the investment time, does not deal at arm’s length, other than
(18) Clauses 212.‍3(18)‍(a)‍(i)‍(A) and (B) of the Act are replaced by the following:
(A) each shareholder of the disposing corporation immediately before the investment time is
(I) if there is only one parent in respect of the CRIC,
1 either the CRIC or a corporation resident in Canada that is, immediately before the investment time, related to the parent, and
2 at no time that is in the period during which the series of transactions or events that includes the making of the investment occurs and that is before the investment time, dealing at arm’s length (determined without reference to paragraph 251(5)‍(b)) with the parent or a non-resident person that participates in the series and is, at any time that is in the period and that is before the investment time, related to the parent, and
(II) if there is a group of parents in respect of the CRIC,
1 either the CRIC or a corporation resident in Canada that is, immediately before the investment time, controlled by the group of parents, and
2 at all times that are in the period during which the series of transactions or events that includes the making of the investment occurs and that are before the investment time, controlled by the group of parents, or
(B) the disposing corporation is
(I) if there is only one parent in respect of the CRIC, at no time that is in the period and that is before the investment time, dealing at arm’s length (determined without reference to paragraph 251(5)‍(b)) with the parent or a non-resident person that participates in the series and is, at any time that is in the period and that is before the investment time, related to the parent, and
(II) if there is a group of parents in respect of the CRIC, at all times that are in the period during which the series of transactions or events that includes the making of the investment occurs and that are before the investment time, controlled by the group of parents, or
(19) Subparagraph 212.‍3(18)‍(a)‍(ii) of the Act is replaced by the following:
(ii) on an amalgamation described in subsection 87(1) of two or more corporations (each of which is in this subparagraph referred to as a “predecessor corporation”) to form the CRIC if all of the predecessor corporations are, immediately before the amalgamation, related to each other (determined without reference to paragraph 251(5)‍(b)) and
(A) either
(I) if there is only one parent in respect of the CRIC, none of the predecessor corporations are, at any time that is in the period during which the series of transactions or events that includes the making of the investment occurs and that is before the investment time, dealing at arm’s length (determined without reference to paragraph 251(5)‍(b)) with the parent or a non-resident person that participates in the series and is, at any time that is in the period and that is before the investment time, related to the parent, or
(II) if there is a group of parents in respect of the CRIC, all of the predecessor corporations are, at all times that are in the period during which the series of transactions or events that includes the making of the investment occurs and that are before the investment time, controlled by the group of parents, or
(B) if the condition in clause (A) is not satisfied in respect of a predecessor corporation, each shareholder of that predecessor immediately before the investment time is
(I) if there is only one parent in respect of the CRIC,
1 either the CRIC or a corporation resident in Canada that is, immediately before the investment time, related to the parent, and
2 at no time that is in the period and that is before the investment time, dealing at arm’s length (determined without reference to paragraph 251(5)‍(b)) with the parent or a non-resident person that participates in the series and is, at any time that is in the period and that is before the investment time, related to the parent, and
(II) if there is a group of parents in respect of the CRIC,
1 either the CRIC or a corporation resident in Canada that is, immediately before the investment time, controlled by the group of parents, and
2 at all times that are in the period during which the series of transactions or events that includes the making of the investment occurs and that are before the investment time, controlled by the group of parents;
(20) Subparagraphs 212.‍3(18)‍(c)‍(i) and (ii) of the Act are replaced by the following:
(i) from a corporation (in this paragraph referred to as the “disposing corporation”) to which the CRIC is, immediately before the investment time, related (determined without reference to paragraph 251(5)‍(b)) and
(A) each shareholder of the disposing corporation immediately before the investment time is
(I) if there is only one parent in respect of the CRIC,
1 either the CRIC or a corporation resident in Canada that, immediately before the investment time, is related to the parent, and
2 at no time that is in the period during which the series of transactions or events that includes the making of the investment occurs and that is before the investment time, dealing at arm’s length (determined without reference to paragraph 251(5)‍(b)) with the parent or a non-resident person that participates in the series and is, at any time that is in the period and that is before the investment time, related to the parent, and
(II) if there is a group of parents in respect of the CRIC,
1 either the CRIC or a corporation resident in Canada that is, immediately before the investment time, controlled by the group of parents, and
2 at all times that are in the period during which the series of transactions or events that includes the making of the investment occurs and that are before the investment time, controlled by the group of parents, or
(B) the disposing corporation is
(I) if there is only one parent in respect of the CRIC, at no time that is in the period and that is before the investment time, dealing at arm’s length (determined without reference to paragraph 251(5)‍(b)) with the parent or a non-resident person that participates in the series and is, at any time that is in the period and that is before the investment time, related to the parent, and
(II) if there is a group of parents in respect of the CRIC, at all times that are in the period during which the series of transactions or events that includes the making of the investment occurs and that are before the investment time, controlled by the group of parents, or
(ii) on an amalgamation described in subsection 87(1) of two or more corporations (each of which is in this subparagraph referred to as a “predecessor corporation”) to form the CRIC, or a corporation of which the CRIC is a shareholder, if all of the predecessor corporations are, immediately before the amalgamation, related to each other (determined without reference to paragraph 251(5)‍(b)) and
(A) either
(I) if there is only one parent in respect of the CRIC, none of the predecessor corporations are, at any time that is in the period during which the series of transactions or events that includes the making of the investment occurs and that is before the investment time, dealing at arm’s length (determined without reference to paragraph 251(5)‍(b)) with the parent or a non-resident person that participates in the series and is, at any time that is in the period and that is before the investment time, related to the parent, or
(II) if there is a group of parents in respect of the CRIC, all of the predecessor corporations are, at all times that are in the period during which the series of transactions or events that includes the making of the investment occurs and that are before the investment time, controlled by the group of parents, or
(B) if the condition in clause (A) is not satisfied in respect of a predecessor corporation, each shareholder of that predecessor immediately before the investment time is
(I) if there is only one parent in respect of the CRIC,
1 either the CRIC or a corporation resident in Canada that is, immediately before the investment time, related to the parent, and
2 at no time that is in the period and that is before the investment time, dealing at arm’s length (determined without reference to paragraph 251(5)‍(b)) with the parent or a non-resident person that participates in the series and is, at any time that is in the period and that is before the investment time, related to the parent, and
(II) if there is a group of parents in respect of the CRIC,
1 either the CRIC or a corporation resident in Canada that is, immediately before the investment time, controlled by the group of parents, and
2 at all times that are in the period during which the series of transactions or events that includes the making of the investment occurs and that are before the investment time, controlled by the group of parents;
(21) Subsection 212.‍3(21) of the Act is replaced by the following:
Persons deemed not to be related
(21) If it can reasonably be considered that one of the main purposes of one or more transactions or events is to cause two or more persons to be related to each other, or a person or group of persons to control another person, so that, in the absence of this subsection, subsection (2) would not apply because of subsection (18) to an investment in a subject corporation made by a CRIC, those persons are deemed not to be related to each other, or that person or group of persons is deemed not to control that other person, as the case may be, for the purposes of subsection (18).
(22) Section 212.‍3 of the Act is amended by adding the following after subsection (25):
Trusts
(26) For the purposes of this section, subsection 17.‍1(1) (as it applies in respect of a pertinent loan or indebtedness as defined in subsection (11)), paragraph 128.‍1(1)‍(c.‍3) and subsection 219.‍1(2), and for the purpose of paragraph 251(1)‍(a) as it applies for the purposes of those provisions,
(a) in determining, at any time, whether two persons are related to each other or whether any person is controlled by any other person or group of persons, it shall be assumed that
(i) each trust is a corporation having a capital stock of a single class of voting shares divided into 100 issued shares, and
(ii) each beneficiary under a trust owned at that time the number of issued shares of that class determined by the formula
A/B × 100
where
A
is the fair market value at that time of the beneficiary’s interest in the trust, and
B
is the total fair market value at that time of all beneficiaries’ interests in the trust;
(b) in determining, at any time, the extent to which any person owns shares of the capital stock of a corporation, if at that time a trust resident in Canada owns (determined without reference to this paragraph) shares of the capital stock of the corporation, each beneficiary of the trust is deemed to own, and the trust is deemed not to own, at that time, the shares of each class of the capital stock of the corporation that are owned (determined without reference to this paragraph) by the trust, the number of which is determined by the formula
A × B/C
where
A
is the total number of shares of the class of the capital stock of the corporation that are owned (determined without reference to this paragraph) by the trust at that time,
B
is the fair market value, at that time, of the beneficiary’s interest in the trust, and
C
is the total fair market value, at that time, of all beneficiaries’ interests in the trust; and
(c) if a beneficiary’s share of the income or capital of a trust depends on the exercise by any person of, or the failure by any person to exercise, any discretionary power, then the amounts determined for A and B in paragraph (a), and for B and C in paragraph (b), in respect of the beneficiary are deemed to be equal to one, unless
(i) the trust is resident in Canada, and
(ii) it cannot reasonably be considered that one of the main reasons for the discretionary power is to avoid or limit the application of paragraph 128.‍1(1)‍(c.‍3) or subsection 212.‍3(2) or 219.‍1(2).
(23) Subsections (1) to (22) apply in respect of transactions or events that occur after March 18, 2019.
54 (1) Paragraph 219.‍1(2)‍(b) of the Act is replaced by the following:
(b) the other corporation is controlled, at that time, by a non-resident person or a group of non-resident persons not dealing with each other at arm’s length; and
(2) Subsection (1) applies in respect of transactions or events that occur after March 18, 2019.
55 (1) The portion of subsection 231.‍2(1) of the Act before paragraph (a) is replaced by the following:
Requirement to provide documents or information
231.‍2 (1) Notwithstanding any other provision of this Act, the Minister may, subject to subsection (2), for any purpose related to the administration or enforcement of this Act (including the collection of any amount payable under this Act by any person), of a listed international agreement or, for greater certainty, of a tax treaty with another country, by notice sent or served in accordance with subsection (1.‍1), require that any person provide, within such reasonable time as is stipulated in the notice,
(2) Section 231.‍2 of the Act is amended by adding the following after subsection (1):
Notice
(1.‍1) A notice referred to in subsection (1) may be
(a) served personally;
(b) sent by registered or certified mail; or
(c) sent electronically to a bank or credit union that has provided written consent to receive notices under subsection (1) electronically.
56 (1) Subsection 231.‍6(2) of the Act is replaced by the following:
Requirement to provide foreign-based information
(2) Notwithstanding any other provision of this Act, the Minister may, by notice sent or served in accordance with subsection (3.‍1), require that a person resident in Canada or a non-resident person carrying on business in Canada provide any foreign-based information or document.
(2) Section 231.‍6 of the Act is amended by adding the following after subsection (3):
Notice
(3.‍1) A notice referred to in subsection (2) may be
(a) served personally;
(b) sent by registered or certified mail; or
(c) sent electronically to a bank or credit union that has provided written consent to receive notices under subsection (2) electronically.
(3) Subsection 231.‍6(4) of the English version of the Act is replaced by the following:
Review of foreign information requirement
(4) The person who is sent or served with a notice of a requirement under subsection (2) may, within 90 days after the notice is sent or served, apply to a judge for a review of the requirement.
(4) Subsection 231.‍6(6) of the English version of the Act is replaced by the following:
Unreasonableness
(6) For the purposes of paragraph (5)‍(c), the requirement to provide the information or document shall not be considered to be unreasonable because the information or document is under the control of or available to a non-resident person that is not controlled by the person who is sent or served with the notice of the requirement under subsection (2) if that person is related to the non-resident person.
(5) Subsection 231.‍6(8) of the Act is replaced by the following:
Consequence of failure
(8) If a person fails to comply substantially with a notice sent or served under subsection (2) and if the notice is not set aside by a judge pursuant to subsection (5), any court having jurisdiction in a civil proceeding relating to the administration or enforcement of this Act shall, on motion of the Minister, prohibit the introduction by that person of any foreign-based information or document covered by that notice.
57 Paragraph 231.‍8(a) of the Act is replaced by the following:
(a) where the taxpayer is sent or served with a notice of a requirement under subsection 231.‍2(1), the period of time between the day on which an application for judicial review in respect of the requirement is made and the day on which the application is finally disposed of; and
58 (1) Paragraphs 241(3.‍4)‍(a) and (b) of the Act are replaced by the following:
(a) the names of each organization in respect of which an individual can be entitled to a deduction under subsection 118.‍02(2);
(b) information relating to the eligibility, for the deduction under subsection 118.‍02(2), of subscriptions offered by organizations referred to in paragraph (a); and
(c) the start and, if applicable, end of the period in which paragraph (a) or (b) applies in respect of any particular organization or subscription.
(2) Subsection (1) is deemed to have come into force on January 1, 2020.
59 Section 244 of the Act is amended by adding the following after subsection (6):
Proof of electronic delivery
(6.‍1) If, by this Act or a regulation, provision is made for sending a notice to a person electronically, an affidavit of an officer of the Canada Revenue Agency sworn before a commissioner or other person authorized to take affidavits, shall, in the absence of proof to the contrary, be received as evidence of the sending and of the notice if the affidavit sets out that
(a) the officer has knowledge of the facts in the particular case;
(b) the notice was sent electronically to the person on a named day; and
(c) the officer identifies as exhibits attached to the affidavit copies of
(i) an electronic message confirming the notice has been sent to the person, and
(ii) the notice.
60 (1) The portion of subsection 247(2) of the Act after paragraph (b) and before paragraph (c) is replaced by the following:
any amounts (in subsection (2.‍1) referred to as the “initial amounts”) that would be determined for the purposes of applying the provisions of this Act (if this Act were read without reference to this section and section 245) in respect of the taxpayer or the partnership for a taxation year or fiscal period shall be adjusted (in this section referred to as an “adjustment”) to the quantum or nature of the amounts (in subsection (2.‍1) referred to as the “adjusted amounts”) that would have been determined if,
(2) Section 247 of the Act is amended by adding the following after subsection (2):
Ordering
(2.‍1) For the purpose of applying subsection (2) in the context of the other provisions of this Act, the following order is to be applied:
(a) first determine each of the initial amounts;
(b) then make the adjustments, if any, to each of the initial amounts; and
(c) then apply each of the provisions of this Act (other than subsection (2) and, for greater certainty, including section 245) using the adjusted amounts.
(3) Subsection 247(8) of the Act is repealed.
(4) Subsections (1) to (3) apply to taxation years that begin after March 18, 2019.
61 (1) Subparagraph (b)‍(i) of the definition derivative forward agreement in subsection 248(1) of the Act is replaced by the following:
(i) revenue, income or cashflow in respect of the property over the term of the agreement, changes in the fair market value of the property over the term of the agreement, or any similar criteria in respect of the property unless
(A) the property is
(I) a Canadian security (as defined in subsection 39(6)), or
(II) an interest in a partnership the fair market value of which is derived, in whole or in part, from a Canadian security,
(B) the agreement is an agreement to acquire property from
(I) a tax-indifferent investor, or
(II) a financial institution (as defined in subsection 142.‍2(1)), and
(C) it can reasonably be considered that one of the main purposes of the series of transactions or events, or any transaction or event in the series, of which the agreement is part is for all or any portion of the capital gain on a disposition (other than a disposition by the seller to the taxpayer under the agreement) of a Canadian security referred to in clause (A) — as part of the same series of transactions or events — to be attributable to amounts paid or payable on the Canadian security by the issuer of the Canadian security during the term of the agreement as
(I) interest,
(II) dividends, or
(III) income of a trust other than income paid out of the taxable capital gains of the trust,
(2) The portion of subparagraph (a)‍(v) of the definition qualified Canadian journalism organization in subsection 248(1) of the Act before clause (A) is replaced by the following:
(v) it is engaged in the production of original news content, which
(3) Subparagraph (a)‍(vii) of the definition qualified Canadian journalism organization in subsection 248(1) of the Act is amended by adding “or” at the end of clause (A), by replacing “or” at the end of clause (B) with “and” and by repealing clause (C).
(4) Paragraph (b) of the definition tax-indifferent investor in subsection 248(1) of the Act is replaced by the following:
(b) a non-resident person, other than a person to which all amounts paid or credited under a derivative forward agreement, a synthetic equity arrangement or a specified synthetic equity arrangement, as the case may be, may reasonably be attributed to the business carried on by the person in Canada through a permanent establishment (as defined in section 8201 of the Income Tax Regulations) in Canada,
(5) The definition zero-emission vehicle in subsection 248(1) of the Act is amended by striking out “and” at the end of paragraph (b) and by replacing paragraph (c) with the following:
(c) does not meet any of the following conditions:
(i) it is a vehicle in respect of which the taxpayer has, at any time, made an election under subsection 1103(2j) of the Income Tax Regulations,
(ii) it is a vehicle in respect of which assistance has been paid by the Government of Canada under a prescribed program, and
(iii) if the vehicle was acquired before March 2, 2020, either
(A) it has been used, or acquired for use, for any purpose before it was acquired by the taxpayer, or
(B) it is a vehicle in respect of which an amount has been deducted under paragraph 20(1)‍(a) or subsection 20(16) by another person or partnership, and
(d) would be an accelerated investment incentive property of the taxpayer if subsection 1104(4) of the Income Tax Regulations were read without its exclusions for property included in Class 54 or Class 55 of Schedule II to those Regulations. (véhicule zéro émission)
(6) Subsection 248(1) of the Act is amended by adding the following in alphabetical order:
advanced life deferred annuity has the meaning assigned by subsection 146.‍5(1); (rente viagère différée à un âge avancé)
(7) Subsection 248(1) of the Act is amended by adding the following in alphabetical order:
fully collateralized arrangement means a securities lending arrangement or a specified securities lending arrangement if, throughout the term of the arrangement, the borrower
(a) has provided the lender under the arrangement with money in an amount of, or securities described in paragraph (c) of the definition qualified security in subsection 260(1) that have a fair market value of, not less than 95% of the fair market value of the security that is transferred or lent under the arrangement, and
(b) is entitled to enjoy, directly or indirectly, the benefits of all or substantially all income derived from, and opportunity for gain in respect of, the money or securities provided; (mécanisme entièrement garanti)
specified securities lending arrangement has the same meaning as in subsection 260(1); (mécanisme de prêt de valeurs mobilières déterminé)
(8) Subsection (1) is deemed to have come into force on March 19, 2019. However, it does not apply before 2020 in respect of
(a) an agreement that is entered into after the final settlement of another derivative forward agreement (in this paragraph referred to as the “prior agreement”) if
(i) having regard to the source of the funds used to purchase the property to be sold under the agreement, it is reasonable to conclude that the agreement is a continuation of the prior agreement,
(ii) the terms of the agreement and the prior agreement are substantially similar,
(iii) the final settlement date under the agreement is before 2020,
(iv) subsection (1) does not apply to the prior agreement, and
(v) the notional amount of the agreement is at all times less than or equal to the amount determined by the formula
(A + B + C + D + E) – (F + G)
where
A
is the notional amount of the agreement when it is entered into,
B
is the total of all amounts each of which is an increase in the notional amount of the agreement, at or before that time, that is attributable to the underlying interest,
C
is the amount of the taxpayer’s cash on hand immediately before March 19, 2019 that was committed, before March 19, 2019, to be invested under the agreement,
D
is the total of all amounts each of which is an increase, at or before that time, in the notional amount of the agreement that is attributable to the final settlement of another derivative forward agreement if subsection (1) does not apply to the other agreement,
E
is the lesser of
(A) either
(I) if the prior agreement was entered into before March 19, 2019, the amount, if any, by which the amount determined under subparagraph (i) of the description of F in paragraph (b) for the prior agreement immediately before it was finally settled exceeds the total determined under subparagraph (ii) of the description of F in paragraph (b) for the prior agreement immediately before it was finally settled, or
(II) in any other case, the amount, if any, by which the amount determined under this clause for the prior agreement immediately before it was finally settled exceeds the total determined under clause (B) for the prior agreement immediately before it was finally settled, and
(B) the total of all amounts each of which is an increase in the notional amount of the agreement before 2020 that is not otherwise described in this formula,
F
is the total of all amounts each of which is a decrease in the notional amount of the agreement, at or before that time, that is attributable to the underlying interest, and
G
is the total of all amounts each of which is the amount of a partial settlement of the agreement, at or before that time, to the extent that it is not reinvested in the agreement; or
(b) an agreement that is entered into before March 19, 2019, unless at any time on or after March 19, 2019, the notional amount of the agreement exceeds the amount determined by the formula
(A + B + C + D + E + F) – (G + H)
where
A
is the notional amount of the agreement immediately before March 19, 2019,
B
is the total of all amounts each of which is an increase in the notional amount of the agreement, on or after March 19, 2019 and at or before that time, that is attributable to the underlying interest,
C
is the amount of the taxpayer’s cash on hand immediately before March 19, 2019 that was committed, before March 19, 2019, to be invested under the agreement,
D
is the amount, if any, of an increase, on or after March 19, 2019 and at or before that time, in the notional amount of the agreement as a consequence of the exercise of an over-allotment option granted before March 19, 2019,
E
is the total of all amounts each of which is an increase, on or after March 19, 2019 and at or before that time, in the notional amount of the agreement that is attributable to the final settlement of another derivative forward agreement if subsection (1) does not apply to the other agreement,
F
is the lesser of
(i) 5% of the notional amount of the agreement immediately before March 19, 2019, and
(ii) the total of all amounts each of which is an increase in the notional amount of the agreement on or after March 19, 2019 and before 2020 that is not otherwise described in this formula,
G
is the total of all amounts each of which is a decrease in the notional amount of the agreement, on or after March 19, 2019 and at or before that time, that is attributable to the underlying interest, and
H
is the total of all amounts each of which is the amount of a partial settlement of the agreement, on or after March 19, 2019 and at or before that time, to the extent that it is not reinvested in the agreement.
(9) For the purposes of subsection (8), the notional amount of a derivative forward agreement at any time is the fair market value at that time of the property that would be acquired under the agreement if the agreement were finally settled at that time.
(10) Subsections (2) and (3) are deemed to have come into force on January 1, 2019.
(11) Subsections (4) and (7) are deemed to have come into force on March 19, 2019.
(12) Subsection (5) is deemed to have come into force on March 2, 2020.
(13) Subsection (6) is deemed to have come into force on January 1, 2020.
62 (1) Paragraph 250(1)‍(f) of the Act is replaced by the following:
(f) was at any time in the year a child of, and dependent for support on, an individual to whom paragraph (b), (c), (d) or (d.‍1) applies and the person’s income for the year did not exceed the amount determined for F in subsection 118(1.‍1) for the year; or
(2) Subsection (1) applies to the 2020 and subsequent taxation years.
63 (1) Subsection 252(3) of the Act is replaced by the following:
Extended meaning of spouse and former spouse
(3) For the purposes of paragraph 56(1)‍(b), section 56.‍1, paragraphs 60(b) and (j), section 60.‍1, subsections 70(6) and (6.‍1), 73(1) and (5) and 104(4) and (5.‍1), the definition pre-1972 spousal trust in subsection 108(1), subsection 146(16), the definition survivor in subsection 146.‍2(1), subparagraph 146.‍3(2)‍(f)‍(iv), subsection 146.‍3(14), section 146.‍5, subsections 147(19) and 147.‍3(5) and (7), section 147.‍5, subsections 148(8.‍1) and (8.‍2), the definition qualifying transfer in subsection 207.‍01(1), and subsections 210(1) and 248(22) and (23), spouse and former spouse of a particular individual include another individual who is a party to a void or voidable marriage with the particular individual.
(2) Subsection (1) is deemed to have come into force on January 1, 2020.
64 (1) Section 260 of the Act is amended by adding the following after subsection (1.‍1):
References — borrower and lender
(1.‍2) For the purposes of subsections (8), (8.‍1), (8.‍2), (8.‍3) and (9.‍1) and 212(2.‍1) and (3), in respect of a specified securities lending arrangement,
(a) a reference to a borrower includes a transferee; and
(b) a reference to a lender includes a transferor.
(2) Subsection 260(8) of the Act is replaced by the following:
Non-resident withholding tax
(8) For the purpose of Part XIII, any amount paid or credited under a securities lending arrangement or a specified securities lending arrangement by or on behalf of the borrower to the lender
(a) as an SLA compensation payment in respect of a security that is not a qualified trust unit is, subject to paragraph (c), deemed
(i) to the extent of the amount of the interest paid in respect of the security, to be a payment made by the borrower to the lender of interest, and
(ii) to the extent of the amount of the dividend paid in respect of the security, to be a payment made by the borrower, as a corporation, to the lender of a dividend payable on the security;
(b) as an SLA compensation payment in respect of a security that is a qualified trust unit, is deemed, to the extent of the amount of the underlying payment to which the SLA compensation payment relates, to be an amount paid by the trust and having the same character and composition as the underlying payment;
(c) as an SLA compensation payment is deemed to be a payment of interest made by the borrower to the lender, if
(i) the security that is transferred or lent to the borrower under the arrangement is a share of a class of the capital stock of a non-resident corporation,
(ii) the borrower and the lender are not dealing at arm’s length, and
(iii) the arrangement is not a fully collateralized arrangement; and
(d) as, on account of, in lieu of payment of or in satisfaction of, a fee for the use of the security is deemed to be a payment of interest made by the borrower to the lender.
(3) The portion of subsection 260(8.‍1) of the Act before paragraph (a) is replaced by the following:
Deemed fee for borrowed security
(8.‍1) For the purpose of paragraph (8)‍(d), if under a securities lending arrangement or a specified securities lending arrangement the borrower has at any time provided the lender with money, either as collateral or consideration for the security, and the borrower does not, under the arrangement, pay or credit a reasonable amount to the lender as, on account of, in lieu of payment of or in satisfaction of, a fee for the use of the security, the borrower is deemed to have, at the time that an identical or substantially identical security is or can reasonably be expected to be transferred or returned to the lender, paid to the lender under the arrangement an amount as a fee for the use of the security equal to the amount, if any, by which
(4) Subsection 260(8.‍2) of the Act is replaced by the following:
Effect for tax treaties — interest
(8.‍2) In applying subparagraph (8)‍(a)‍(i), if a securities lending arrangement or specified securities lending arrangement is a fully collateralized arrangement, any SLA compensation payment deemed to be a payment made by the borrower to the lender of interest is deemed for the purposes of any tax treaty to be payable on the security.
Effect for tax treaties — dividend
(8.‍3) In applying subparagraph (8)‍(a)‍(ii), if the security is a share of a class of the capital stock of a corporation resident in Canada (in this subsection referred to as the “Canadian share”), for the purposes of determining the rate of tax that Canada may impose on a dividend because of the dividend article of a tax treaty,
(a) any SLA compensation payment deemed to be a payment made by the borrower to the lender of a dividend is deemed to be paid by the issuer of the Canadian share and not by the borrower;
(b) the lender is deemed to be the beneficial owner of the Canadian share; and
(c) the shares of the capital stock of the issuer owned by the lender are deemed to give it less than 10% of the votes that could be cast at an annual meeting of the shareholders of the issuer and have less than 10% of the fair market value of all of the issued and outstanding shares of the capital stock of the issuer, if
(i) the securities lending arrangement or the specified securities lending arrangement is not a fully collateralized arrangement, and
(ii) the borrower and the lender are not dealing at arm’s length.
(5) Subsection 260(9.‍1) of the Act is replaced by the following:
Non-arm’s length compensation payment
(9.‍1) For the purpose of Part XIII, if the lender under a securities lending arrangement or a specified securities lending arrangement is not dealing at arm’s length with either the borrower under the arrangement or the issuer of the security that is transferred or lent under the arrangement, or both, and subsection (8) deems an amount to be a payment of interest by a person to the lender, the lender is deemed, in respect of that payment, not to be dealing at arm’s length with that person.
(6) Subsection (1) is deemed to have come into force on March 19, 2019.
(7) Subsections (2) to (5) apply in respect of amounts paid or credited as SLA compensation payments after March 18, 2019. However, subsections (2) to (5) do not apply in respect of amounts paid or credited as SLA compensation payments after March 18, 2019 and before October 2019, if they are pursuant to a written arrangement entered into before March 19, 2019.
R.‍S.‍, c. E-15
Excise Tax Act
65 Subsection 99(1) of the Excise Tax Act is replaced by the following:
Provision of documents may be required
99 (1) Subject to section 102.‍1, the Minister may, for any purpose related to the administration or enforcement of this Act, or of a listed international agreement, by a notice served or sent in accordance with subsection (1.‍1), require that any person provide any book, record, writing or other document or any information or further information within any reasonable time that may be stipulated in the notice.
Notice
(1.‍1) A notice referred to in subsection (1) may be
(a) served personally;
(b) sent by registered or certified mail; or
(c) sent electronically to a bank or credit union (as defined in subsection 123(1)) that has provided written consent to receive notices under subsection (1) electronically.
66 (1) Subsection 102.‍1(1) of the Act is replaced by the following:
Unnamed persons
102.‍1 (1) The Minister shall not serve or send a notice under subsection 99(1) with respect to an unnamed person or a group of unnamed persons unless the Minister has been authorized to do so under subsection (2).
(2) The portion of subsection 102.‍1(2) of the Act before paragraph (a) is replaced by the following:
Authorization order
(2) A judge of the Federal Court may, on application by the Minister and subject to any conditions that the judge considers appropriate, authorize the Minister to serve or send a notice under subsection 99(1) with respect to an unnamed person or a group of unnamed persons if the judge is satisfied by information on oath that
(3) Paragraph 102.‍1(2)‍(b) of the Act is replaced by the following:
(b) the notice would be served or sent in order to verify compliance by the person or group with any duty or obligation of that person or of persons in that group under this Act.
67 Section 105 of the Act is amended by adding the following after subsection (2):
Proof of electronic delivery
(2.‍1) If, under this Act or a regulation made under this Act, provision is made for sending a notice to a person electronically, an affidavit of an officer of the Agency, sworn before a commissioner or other person authorized to take affidavits, is evidence of the sending and of the notice if the affidavit sets out that
(a) the officer has knowledge of the facts in the particular case;
(b) the notice was sent electronically to the person on a named day; and
(c) the officer identifies as exhibits annexed to the affidavit copies of
(i) an electronic message confirming that the notice has been sent to the person, and
(ii) the notice.
68 (1) The portion of subsection 289(1) of the Act before paragraph (a) is replaced by the following:
Requirement to provide documents or information
289 (1) Despite any other provision of this Part, the Minister may, subject to subsection (2), for any purpose related to the administration or enforcement of a listed international agreement or this Part, including the collection of any amount payable or remittable under this Part by any person, by a notice served or sent in accordance with subsection (1.‍1), require that any person provide the Minister, within any reasonable time that is stipulated in the notice, with
(2) Section 289 of the Act is amended by adding the following after subsection (1):
Notice
(1.‍1) A notice referred to in subsection (1) may be
(a) served personally;
(b) sent by registered or certified mail; or
(c) sent electronically to a bank or credit union that has provided written consent to receive notices under subsection (1) electronically.
69 Paragraph 289.‍2(a) of the Act is replaced by the following:
(a) if the person is served or sent a notice of a requirement under subsection 289(1), the period of time between the day on which an application for judicial review in respect of the requirement is made and the day on which the application is finally disposed of; and
70 (1) Subsection 292(2) of the Act is replaced by the following:
Requirement to provide foreign-based information
(2) Despite any other provision of this Part, the Minister may, by a notice served or sent in accordance with subsection (3.‍1), require a person resident in Canada or a non-resident person that carries on business in Canada to provide any foreign-based information or document.
(2) Section 292 of the Act is amended by adding the following after subsection (3):
Notice
(3.‍1) A notice referred to in subsection (2) may be
(a) served personally;
(b) sent by registered or certified mail; or
(c) sent electronically to a bank or credit union that has provided written consent to receive notices under subsection (2) electronically.
(3) Subsection 292(4) of the English version of the Act is replaced by the following:
Review of foreign information requirement
(4) If a person is served or sent a notice of a requirement under subsection (2), the person may, within 90 days after the day on which the notice is served or sent, apply to a judge for a review of the requirement.
(4) Subsection 292(6) of the English version of the Act is replaced by the following:
Requirement not unreasonable
(6) For the purposes of subsection (5), a requirement to provide information or a document shall not be considered to be unreasonable because the information or document is under the control of or available to a non-resident person that is not controlled by the person on which the notice of the requirement under subsection (2) is served, or to which that notice is sent, if that person is related to the non-resident person.
(5) Subsection 292(8) of the English version of the Act is replaced by the following:
Consequence of failure
(8) If a person fails to comply substantially with a notice served or sent under subsection (2) and if the notice is not set aside under subsection (5), any court having jurisdiction in a civil proceeding relating to the administration or enforcement of this Part shall, on motion of the Minister, prohibit the introduction by that person of any foreign-based information or document covered by that notice.
71 Section 335 of the Act is amended by adding the following after subsection (2):
Proof of electronic delivery
(2.‍1) If, under this Part or a regulation made under this Part, provision is made for sending a notice to a person electronically, an affidavit of an officer of the Canada Revenue Agency, sworn before a commissioner or other person authorized to take affidavits, is evidence of the sending and of the notice if the affidavit sets out that
(a) the officer has knowledge of the facts in the particular case;
(b) the notice was sent electronically to the person on a named day; and
(c) the officer identifies as exhibits attached to the affidavit copies of
(i) an electronic message confirming that the notice has been sent to the person, and
(ii) the notice.
2002, c. 9, s. 5
Air Travellers Security Charge Act
72 (1) Subsection 38(1) of the Air Travellers Security Charge Act is replaced by the following:
Requirement to provide information
38 (1) Despite any other provision of this Act, the Minister may, by a notice served or sent in accordance with subsection (2.‍1), require a person resident in Canada or a person that is not resident in Canada but that carries on business in Canada to provide any information or record.
(2) Section 38 of the Act is amended by adding the following after subsection (2):
Notice
(2.‍1) A notice referred to in subsection (1) may be
(a) served personally;
(b) sent by registered or certified mail; or
(c) sent electronically to a bank or credit union (as defined in subsection 123(1) of the Excise Tax Act) that has provided written consent to receive notices under subsection (1) electronically.
(3) Subsection 38(3) of the English version of the Act is replaced by the following:
Review of information requirement
(3) If a person is served or sent a notice of a requirement under subsection (1), the person may, within 90 days after the day on which the notice is served or sent, apply to a judge for a review of the requirement.
(4) Subsection 38(5) of the Act is replaced by the following:
Requirement not unreasonable
(5) For the purposes of subsection (4), a requirement to provide information or a record shall not be considered to be unreasonable solely because the information or record is under the control of or available to a person that is not resident in Canada, if that person is related, for the purposes of the Income Tax Act, to the person on which the notice of the requirement is served or to which that notice is sent.
(5) Subsection 38(7) of the English version of the Act is replaced by the following:
Consequence of failure
(7) If a person fails to comply substantially with a notice served or sent under subsection (1) and the notice is not set aside under subsection (4), any court having jurisdiction in a civil proceeding relating to the administration or enforcement of this Act shall, on the motion of the Minister, prohibit the introduction by that person of any information or record described in that notice.
73 Section 83 of the Act is amended by adding the following after subsection (2):
Proof of electronic delivery
(2.‍1) If, under this Act, provision is made for sending a notice to a person electronically, an affidavit of an officer of the Agency, sworn before a commissioner or other person authorized to take affidavits, is evidence of the sending and of the notice if the affidavit sets out that
(a) the officer has knowledge of the facts in the particular case;
(b) the notice was sent electronically to the person on a named day; and
(c) the officer identifies as exhibits attached to the affidavit copies of
(i) an electronic message confirming that the notice has been sent to the person, and
(ii) the notice.
2002, c. 22
Excise Act, 2001
74 (1) The portion of subsection 208(1) of the Excise Act, 2001 before paragraph (a) is replaced by the following:
Requirement to provide records or information
208 (1) Despite any other provision of this Act, the Minister may, subject to subsection (2), for any purpose related to the administration or enforcement of a listed international agreement or of this Act, by a notice served or sent in accordance with subsection (1.‍1), require any person to provide the Minister, within any reasonable time that is stipulated in the notice, with
(2) Section 208 of the Act is amended by adding the following after subsection (1):
Notice
(1.‍1) A notice referred to in subsection (1) may be
(a) served personally;
(b) sent by registered or certified mail; or
(c) sent electronically to a bank or credit union, as those terms are defined in subsection 123(1) of the Excise Tax Act, that has provided written consent to receive notices under subsection (1) electronically.
75 Paragraph 209.‍1(a) of the Act is replaced by the following:
(a) if the person is served or sent a notice of a requirement under subsection 208(1), the period of time between the day on which an application for judicial review in respect of the requirement is made and the day on which the application is finally disposed of; and
76 (1) Subsection 210(2) of the Act is replaced by the following:
Requirement to provide foreign-based information
(2) Despite any other provision of this Act, the Minister may, by a notice served or sent in accordance with subsection (3.‍1), require a person resident in Canada or a non-resident person that carries on business in Canada to provide any foreign-based information or record.
(2) Section 210 of the Act is amended by adding the following after subsection (3):
Notice
(3.‍1) A notice referred to in subsection (2) may be
(a) served personally;
(b) sent by registered or certified mail; or
(c) sent electronically to a bank or credit union, as those terms are defined in subsection 123(1) of the Excise Tax Act, that has provided written consent to receive notices under subsection (2) electronically.
(3) Subsection 210(4) of the English version of the Act is replaced by the following:
Review of foreign information requirement
(4) If a person is served or sent a notice of a requirement under subsection (2), the person may, within 90 days after the day on which the notice is served or sent, apply to a judge for a review of the requirement.
(4) Subsection 210(6) of the English version of the Act is replaced by the following:
Requirement not unreasonable
(6) For the purposes of subsection (5), a requirement to provide information or a record shall not be considered to be unreasonable because the information or record is under the control of or available to a non-resident person that is not controlled by the person on which the notice of the requirement is served, or to which that notice is sent, if that person is related to the non-resident person.
(5) Subsection 210(8) of the English version of the Act is replaced by the following:
Consequence of failure
(8) If a person fails to comply substantially with a notice served or sent under subsection (2) and the notice is not set aside under subsection (5), any court having jurisdiction in a civil proceeding relating to the administration or enforcement of this Act shall, on the motion of the Minister, prohibit the introduction by that person of any foreign-based information or record described in that notice.
77 Section 301 of the Act is amended by adding the following after subsection (2):
Proof of electronic delivery
(2.‍1) If, under this Act, provision is made for sending a notice to a person electronically, an affidavit of an officer of the Agency, sworn before a commissioner or other person authorized to take affidavits, is evidence of the sending and of the notice if the affidavit sets out that
(a) the officer has knowledge of the facts in the particular case;
(b) the notice was sent electronically to the person on a named day; and
(c) the officer identifies as exhibits attached to the affidavit copies of
(i) an electronic message confirming that the notice has been sent to the person, and
(ii) the notice.
2018, c. 12, s. 186
Greenhouse Gas Pollution Pricing Act
78 Subsection 106(1) of the Greenhouse Gas Pollution Pricing Act is replaced by the following:
Requirement to provide information or record
106 (1) Despite any other provision of this Part, the Minister may, subject to subsection (2), for any purpose related to the administration or enforcement of this Part, by a notice served or sent in accordance with subsection (1.‍1), require a person resident in Canada or a person that is not resident in Canada but that is engaged in activities in Canada to provide any information or record.
Notice
(1.‍1) A notice referred to in subsection (1) may be
(a) served personally;
(b) sent by confirmed delivery service; or
(c) sent electronically to a bank or credit union (as defined in subsection 123(1) of the Excise Tax Act) that has provided written consent to receive notices under subsection (1) electronically.
79 (1) Subsection 144(2) of the Act is replaced by the following:
Requirement to provide foreign-based information
(2) Despite any other provision of this Part, the Minister may, by a notice served or sent in accordance with subsection (3.‍1), require a person resident in Canada or a non-resident person that carries on business in Canada to provide any foreign-based information or record.
(2) Section 144 of the Act is amended by adding the following after subsection (3):
Notice
(3.‍1) A notice referred to in subsection (2) may be
(a) served personally;
(b) sent by confirmed delivery service; or
(c) sent electronically to a bank or credit union (as defined in subsection 123(1) of the Excise Tax Act) that has provided written consent to receive notices under subsection (2) electronically.
(3) Subsection 144(4) of the English version of the Act is replaced by the following:
Review of foreign information requirement
(4) If a person is served or sent a notice of a requirement under subsection (2), the person may, within 90 days after the day on which the notice was served or sent, apply to a judge for a review of the requirement.
(4) Subsection 144(6) of the English version of the Act is replaced by the following:
Related person
(6) For the purposes of subsection (5), a requirement to provide information or a record is not to be considered to be unreasonable because the information or record is under the control of, or available to, a non-resident person that is not controlled by the person on which the notice of the requirement under subsection (2) is served, or to which that notice is sent, if that person is related, within the meaning of section 6 of the Excise Act, 2001, to the non-resident person.
(5) Subsection 144(8) of the English version of the Act is replaced by the following:
Consequence of failure
(8) If a person fails to comply substantially with a notice served or sent under subsection (2) and if the notice is not set aside under subsection (5), any court having jurisdiction in a civil proceeding relating to the administration or enforcement of this Part must, on motion of the Minister, prohibit the introduction by that person of any foreign-based information or record covered by that notice.
80 Section 164 of the Act is amended by adding the following after subsection (2):
Proof of electronic delivery
(2.‍1) If, under this Part, provision is made for sending a notice to a person electronically, an affidavit of an officer of the Canada Revenue Agency, sworn before a commissioner or other person authorized to take affidavits, is evidence of the sending and of the notice if the affidavit sets out that
(a) the officer has knowledge of the facts in the particular case;
(b) the notice was sent electronically to the person on a named day; and
(c) the officer identifies as exhibits attached to the affidavit copies of
(i) an electronic message confirming that the notice has been sent to the person, and
(ii) the notice.
C.‍R.‍C.‍, c. 945
Income Tax Regulations
81 (1) The definition remuneration in subsection 100(1) of the Income Tax Regulations is amended by striking out “or” at the end of paragraph (n), by adding “or” at the end of paragraph (o) and by adding the following after paragraph (o):
(p) an amount that is required by paragraph 56(1)‍(z.‍5) of the Act to be included in computing a taxpayer’s income; (rémunération)
(2) Subsection (1) is deemed to have come into force on January 1, 2020.
82 (1) Subparagraph (b)‍(i) of the description of B in subsection 103.‍1(2) of the Regulations is replaced by the following:
(i) the amount determined for F in subsection 118(1.‍1) of the Act for the taxation year, and
(2) Subsection (1) applies to the 2020 and subsequent taxation years.
83 (1) The Regulations are amended by adding the following after section 215:
Advanced Life Deferred Annuity
216 (1) In this section, designated entity means
(a) an administrator of a registered pension plan;
(b) an administrator of a pooled registered pension plan;
(c) an issuer of a registered retirement savings plan;
(d) a carrier of a registered retirement income fund; and
(e) a trustee of a deferred profit sharing plan.
(2) A designated entity that transfers an amount to acquire an advanced life deferred annuity for an individual shall make an information return in prescribed form in respect of the year in which the transfer was made.
(3) A licensed annuities provider shall make an information return in prescribed form in respect of a year in which
(a) a payment is made that is required by section 146.‍5 of the Act to be included in computing the income of a taxpayer; or
(b) a refund described in paragraph (g) of the definition advanced life deferred annuity in subsection 146.‍5(1) of the Act was received by a taxpayer.
(2) Subsection (1) is deemed to have come into force on January 1, 2020.
84 (1) Paragraph 1100(1)‍(a) of the Regulations is amended by striking out “and” at the end of subparagraph (xl), by adding “and” at the end of subparagraph (xli) and by adding the following after subparagraph (xli):
(xlii) of Class 56, 30 per cent,
(2) The portion of the description of A in subsection 1100(2) of the Regulations before subparagraph (a)‍(i) is replaced by the following:
A
is, in respect of property of the class that became available for use by the taxpayer in the taxation year and that is accelerated investment incentive property or property included in any of Classes 54 to 56,
(a) if the property is not included in paragraph (1)‍(v) or in any of Classes 12, 13, 14, 15, 43.‍1, 43.‍2, 53, 54, 55 and 56 or in Class 43 in the circumstances described in paragraph (d),
(3) Subparagraphs (c)‍(ii) and (iii) of the description of A in subsection 1100(2) of the Regulations are replaced by the following:
(ii) 1/2, for property that became available for use by the taxpayer in 2024 or 2025, and
(iii) 1/10, for property that became available for use by the taxpayer after 2025,
(4) Subparagraph (d)‍(iii) of the description of A in subsection 1100(2) of the Regulations is replaced by the following:
(iii) 5/6, for property included in Class 43 that became available for use by the taxpayer after 2025, and
(iv) 1/10, for property included in Class 53 that became available for use by the taxpayer after 2025,
(5) The portion of paragraph (e) of the description of A in subsection 1100(2) of the Regulations before subparagraph (i) is replaced by the following:
(e) if the class is Class 54 or Class 56,
(6) The description of D in subsection 1100(2) of the Regulations is replaced by the following:
D
is the total of all amounts, if any, each of which is an amount included in the description of A in the definition undepreciated capital cost in subsection 13(21) of the Act in respect of property of the class that became available for use by the taxpayer in the taxation year and that is accelerated investment incentive property or property included in any of Classes 54 to 56, and
(7) Subparagraph (b)‍(ii) of the description of F in subsection 1100(2) of the Regulations is replaced by the following:
(ii) property included in any of Classes 13, 14, 15, 23, 24, 27, 29, 34, 52 and 54 to 56,
(8) Subsection 1100(2.‍02) of the Regulations is replaced by the following:
Expenditures excluded from element D
(2.‍02) For the purposes of subsection (2), in respect of property of a class in Schedule II that is accelerated investment incentive property of a taxpayer solely because of subparagraph 1104(4)‍(b)‍(i),
(a) amounts incurred by any person or partnership in respect of the property are not to be included in determining the amount for D in subsection (2) in respect of the class
(i) if the amounts are incurred before November 21, 2018, unless
(A) the property was acquired after November 20, 2018 by a person or partnership from another person or partnership (referred to in this subparagraph as the “transferee” and the “transferor”, respectively),
(B) the transferee was either
(I) the taxpayer, or
(II) a person or partnership that does not deal at arm’s length with the taxpayer, and
(C) the transferor
(I) dealt at arm’s length with the transferee, and
(II) held the property as inventory, and
(ii) if the amounts are incurred after November 20, 2018 and amounts are deemed to have been deducted under paragraph 20(1)‍(a) or subsection 20(16), in respect of those amounts incurred, under paragraph 1104(4.‍1)‍(b); and
(b) any amount excluded from the amount determined for D in subsection (2) in respect of the class because of paragraph (a) is to be included in determining the amount for F in subsection (2) in respect of the class, unless no amount in respect of the property would be so included if the property were not accelerated investment incentive property of the taxpayer.
(9) Subsections (1), (2) and (5) to (7) are deemed to have come into force on March 2, 2020.
(10) Subsections (3), (4) and (8) apply in respect of property acquired after November 20, 2018.
85 (1) Subsection 1102(14.‍13) of the Regulations is replaced by the following:
(14.‍13) Subsection (14) does not apply to an acquisition of property by a taxpayer from a person in respect of which the property was included in any of Classes 54 to 56.
(2) Subsection 1102(20.‍1) of the Regulations is replaced by the following:
(20.‍1) For the purposes of subsections 1100(2.‍02) and 1104(4), a particular person or partnership and another person or partnership shall be considered not to be dealing at arm’s length with each other in respect of the acquisition or ownership of a property if, in the absence of this subsection, they would be considered to be dealing at arm’s length with each other and it may reasonably be considered that the principal purpose of any transaction or event, or a series of transactions or events, is to cause
(a) the property to qualify as accelerated investment incentive property; or
(b) the particular person or partnership and the other person or partnership to satisfy the condition in subclause 1100(2.‍02)‍(a)‍(i)‍(C)‍(I).
(3) Subsection (1) is deemed to have come into force on March 2, 2020.
(4) Subsection (2) applies in respect of property acquired after July 30, 2019.
86 (1) Subsection 1103(2j) of the Regulations is replaced by the following:
(2j) A taxpayer may, in its return of income filed with the Minister on or before its filing-due date for the taxation year in which a property is acquired, elect not to include the property in any of Classes 54 to 56 in Schedule II, as the case may be.
(2) Subsection (1) is deemed to have come into force on March 2, 2020.
87 (1) The portion of subsection 1104(4) of the Regulations before paragraph (a) is replaced by the following:
(4) For the purposes of this Part and Schedules II to VI, accelerated investment incentive property means property of a taxpayer (other than property included in any of Classes 54 to 56) that
(2) Subparagraph 1104(4)‍(b)‍(i) of the Regulations is replaced by the following:
(i) the property is not a property in respect of which an amount has been deducted under paragraph 20(1)‍(a) or subsection 20(16) of the Act by any person or partnership for a taxation year ending before the time the property was acquired by the taxpayer, or
(3) Section 1104 of the Regulations is amended by adding the following after subsection (4):
Deemed separate properties
(4.‍1) For the purpose of subparagraph (4)‍(b)‍(i), if the capital cost to a taxpayer of a depreciable property (referred to in this subsection as the “single property”) includes amounts incurred at different times, then amounts deducted under paragraph 20(1)‍(a) or subsection 20(16) of the Act in respect of the single property are deemed to have been deducted in respect of a separate property that is not part of the single property to the extent the deducted amounts can reasonably be considered to be in respect of amounts
(a) incurred before November 21, 2018; or
(b) incurred after November 20, 2018, if any portion of the single property is considered to have become available for use before the time the single property is first used for the purpose of earning income.
(4) Subsection (1) is deemed to have come into force on March 2, 2020.
(5) Subsections (2) and (3) apply in respect of property acquired after November 20, 2018.
88 (1) Subparagraph 8502(e)‍(i) of the Regulations is amended by striking out “and” at the end of clause (A) and by adding the following after clause (B):
(C) in the case of benefits provided under a money purchase provision in accordance with paragraph 8506(1)‍(e.‍2), the benefits may begin to be paid not later than the later of
(I) the end of the calendar year in which the member attains 71 years of age, and
(II) the end of the calendar year in which a transfer was made from the member’s account to acquire rights under the VPLA fund, and
(2) Subsection (1) is deemed to have come into force on January 1, 2020.
89 (1) The portion of clause 8503(3)‍(a)‍(v)‍(A) of the Regulations before subclause (I) is replaced by the following:
(A) unless the provision is a provision of an individual pension plan,
(2) The portion of subparagraph 8503(3)‍(a)‍(v.‍1) of the Regulations before clause (A) is replaced by the following:
(v.‍1) unless the provision is a provision of an individual pension plan, a portion — determined by reference to the proportion of property that has been transferred, as described in clause (B) — of a period in respect of which
(3) Subparagraph 8503(3)‍(a)‍(vi) of the Regulations is replaced by the following:
(vi) unless the provision is a provision of an individual pension plan, a period throughout which the member was employed in Canada by a former employer where the period was an eligibility period for the participation of the member in another registered pension plan, and
(4) Subsections (1) to (3) are deemed to have come into force on March 19, 2019. However, subsections (1) to (3) do not apply to a period that was pensionable service (as defined in subsection 8500(1) of the Regulations) in respect of a member under a defined benefit provision of an individual pension plan before March 19, 2019.
90 (1) The portion of paragraph 8506(1)‍(e.‍1) of the Regulations before subparagraph (i) is replaced by the following:
Variable benefits
(e.‍1) retirement benefits (in this paragraph referred to as “variable benefits”), other than benefits permissible under any of paragraphs (a) to (e) and (e.‍2), provided to a member and, after the death of the member, to one or more beneficiaries of the member if
(2) Subsection 8506(1) of the Regulations is amended by adding the following after paragraph (e.‍1):
Variable Payment Life Annuity
(e.‍2) retirement benefits (referred to in this paragraph as “VPLA benefits”), other than benefits permissible under any of paragraphs (a) to (e.‍1), provided to a member and, after the death of the member, to one or more beneficiaries of the member if
(i) the VPLA benefits are paid from a VPLA fund,
(ii) the VPLA benefits are provided to the member (or, after the death of the member, to one or more beneficiaries of the member) because of a transfer of one or more amounts from the member’s account to the VPLA fund,
(iii) each VPLA benefit is any of the following:
(A) a retirement benefit described in any of paragraphs (b) to (e), (g) and (i),
(B) in the case of the wind-up of the VPLA fund, a payment described in paragraph (h), and
(C) a retirement benefit that would be described in paragraph (a) if its subparagraph (ii) read as follows:
(ii) the benefits are adjusted annually, after they commence to be paid, in whole or in part to reflect
(A) increases in the Consumer Price Index, as published by Statistics Canada under the authority of the Statistics Act, or
(B) increases at a rate specified under the terms of the plan not exceeding 2% per annum;
(iv) the VPLA benefits are increased or decreased to the extent that the following differ materially from the actuarial assumptions used to determine the VPLA benefits:
(A) the amount or rate of return earned by the VPLA fund, or
(B) the rate of mortality of the members and beneficiaries who are entitled to receive the VPLA benefits;
(3) Paragraph 8506(2)‍(g) of the Regulations is replaced by the following:
(g) retirement benefits (other than benefits permissible under paragraph (1)‍(e.‍1) or (e.‍2)) under the provision are provided by means of annuities that are purchased from a licensed annuities provider;
(4) Section 8506 of the Regulations is amended by adding the following after subsection (12):
VPLA fund
(13) For the purposes of paragraph (1)‍(e.‍2) and clause 8502(e)‍(i)‍(C), a VPLA fund under a money purchase provision of a pension plan is an arrangement that meets the following conditions:
(a) no amounts are contributed to the arrangement other than amounts that are transferred from accounts of the members of the plan;
(b) the arrangement has at least 10 members at the time it is established and, at all times after it is established, it is reasonable to expect that the arrangement will have at least 10 members on an ongoing basis; and
(c) no benefit may be paid from the arrangement other than retirement benefits described in subparagraph (1)‍(e.‍2)‍(iii).
(5) Subsections (1) to (4) are deemed to have come into force on January 1, 2020.
91 (1) Subsection 8510(7) of the Regulations is amended by striking out “and” at the end of paragraph (a), by adding “and” at the end of paragraph (b) and by adding the following after paragraph (b):
(c) no contributions are made
(i) to the plan with respect to a member at any time after the end of the calendar year in which the member attains 71 years of age, or
(ii) to a defined benefit provision of the plan with respect to a member during a period (other than a qualifying period, as defined in subsection 8503(16)) in which the member is in receipt of retirement benefits from a defined benefit provision of the plan.
(2) Subsection (1) applies in respect of contributions made pursuant to any collective bargaining agreement entered into after 2019, except that it does not apply in respect of contributions made on or before the date the agreement is entered into.
92 Section 8901.‍2 of the Regulations is replaced by the following:
8901.‍2 The amount determined by regulation in respect of a qualifying entity for the purposes of clause (b)‍(iv)‍(B) of the description of A in subsection 125.‍7(2) of the Act for a week in a qualifying period is
(a) for the seventh qualifying period and the eighth qualifying period, the greater of
(i) the amount determined for the week under subparagraph (a)‍(i) of the description of A in subsection 125.‍7(2) of the Act, and
(ii) the amount determined for the week under subparagraph (a)‍(ii) of the description of A in subsection 125.‍7(2) of the Act;
(b) for the ninth qualifying period and the tenth qualifying period, the greater of
(i) $500, and
(ii) the lesser of
(A) 55% of baseline remuneration (as defined in subsection 125.‍7(1) of the Act) in respect of the eligible employee determined for that week, and
(B) $573;
(c) for any of the eleventh qualifying period to the nineteenth qualifying period, the greater of
(i) $500, and
(ii) the lesser of
(A) 55% of baseline remuneration (as defined in subsection 125.‍7(1) of the Act) in respect of the eligible employee determined for that week, and
(B) $595; and
(d) for the twentieth qualifying period and any subsequent qualifying period, nil.
93 Schedule II to the Regulations is amended by adding the following after Class 55:
CLASS 56 
Property that is acquired, and becomes available for use, by a taxpayer after March 1, 2020 and before 2028, if the property
(a) is either
(i) automotive equipment (other than a motor vehicle) that is fully electric or powered by hydrogen, or
(ii) an addition or alteration made by the taxpayer to automotive equipment (other than a motor vehicle) to the extent it causes the automotive equipment to become fully electric or powered by hydrogen; and
(b) would be accelerated investment incentive property of the taxpayer if subsection 1104(4) were read without its exclusion for property included in Class 56.
SOR/2008-186
Canada Disability Savings Regulations
94 (1) Paragraph (b) of the definition montant de retenue in section 1 of the French version of the Canada Disability Savings Regulations is replaced by the following:
b) dans les autres cas, le montant total des subventions et des bons qui ont été versés dans un REEI au cours des dix années précédant ce moment, déduction faite du montant de toute subvention ou de tout bon versé au cours de cette période qui a été remboursé au ministre. (assistance holdback amount)
(2) Subsection (1) is deemed to have come into force on January 1, 2021.
95 (1) The portion of subsection 5(1) of the Regulations before paragraph (a) is replaced by the following:
5 (1) Subject to section 5.‍1, an issuer of an RDSP shall repay to the Minister, within the period set out in the issuer agreement, the amount referred to in subsection (2) if
(2) Subsection 5(1) of the Regulations is amended by adding “or” at the end of paragraph (b) and by repealing paragraph (c).
(3) Subsection 5(3) of the Regulations is replaced by the following:
(3) Despite subsections (1) and (2), if the beneficiary of an RDSP that is a specified disability savings plan dies, the issuer of the RDSP shall repay to the Minister, within the period set out in the issuer agreement, any portion of an amount paid into the RDSP as a grant or bond within the 10-year period preceding the time of the death that remains in the RDSP at that time.
(4) This section does not apply if the event described in subsection (1) or (3) occurs after the calendar year in which the beneficiary attains 59 years of age.
(4) Subsections (1) to (3) are deemed to have come into force on January 1, 2021.
96 (1) The portion of section 5.‍1 of the Regulations before paragraph (a) is replaced by the following:
5.‍1 If an event described in paragraph 5(1)‍(a), (b) or (d) occurs while the beneficiary of an RDSP is no longer a DTC-eligible individual, the issuer of the RDSP shall repay to the Minister, within the period set out in the issuer agreement, the lesser of
(2) The description of A in paragraph 5.‍1(b) of the Regulations is replaced by the following:
A
is
(i) if the event occurs before the calendar year in which the beneficiary attains 51 years of age, the total amount of grants and bonds paid into the RDSP within the 10-year period before the day on which the beneficiary ceased to be a DTC-eligible individual, less any portion of that amount that was repaid to the Minister within that period,
(ii) if the event occurs after the calendar year in which the beneficiary attains 50 years of age but before the calendar year in which they attain 60 years of age and the beneficiary ceased to be a DTC-eligible individual before the calendar year in which they attained 50 years of age, the total amount of grants and bonds paid into the RDSP within the period (expressed in number of years) determined by the following formula that ended before the day on which the beneficiary ceased to be a DTC-eligible individual, less any portion of that amount that was repaid to the Minister within that period:
60 – n
where
n
is the beneficiary’s age on — or the age that they would have attained by — December 31 of the calendar year in which the event occurs,
(iii) if the event occurs after the calendar year in which the beneficiary attains 50 years of age but before the calendar year in which they attain 60 years of age and the beneficiary ceased to be a DTC-eligible individual after the calendar year in which they attained 49 years of age, the total amount of grants and bonds paid into the RDSP during the period beginning on January 1 of the year that is 10 years before the year in which the event occurs and ending on the day preceding the day on which the beneficiary ceased to be a DTC-eligible individual, less any portion of that amount that was repaid to the Minister within that period, or
(iv) if the event occurs after the calendar year in which the beneficiary attains 59 years of age, nil,
(3) Subsections (1) and (2) are deemed to have come into force on January 1, 2021.
97 (1) Section 5.‍2 of the Regulations is repealed.
(2) Subsection (1) is deemed to have come into force on January 1, 2021.
98 (1) Section 5.‍3 of the Regulations is amended by adding the following after subsection (2):
(3) Subsection (1) does not apply in respect of any disability assistance payment made after the calendar year in which the beneficiary attains 59 years of age.
(2) Subsection (1) is deemed to have come into force on January 1, 2021.
99 (1) The portion of subsection 5.‍4(1) of the Regulations before paragraph (a) is replaced by the following:
5.‍4 (1) If a disability assistance payment is made to a beneficiary who is no longer a DTC-eligible individual, the issuer of the RDSP shall repay to the Minister, within the period set out in the issuer agreement, the least of the following amounts:
(2) The description of A in paragraph 5.‍4(1)‍(c) of the Regulations is replaced by the following:
A
is
(i) if the disability assistance payment is made before the calendar year in which the beneficiary attains 51 years of age, the total amount of grants and bonds paid into the RDSP within the 10-year period before the day on which the beneficiary ceased to be a DTC-eligible individual, less any portion of that amount that was repaid to the Minister within that period,
(ii) if the disability assistance payment is made after the calendar year in which the beneficiary attains 50 years of age but before the calendar year in which they attain 60 years of age and the beneficiary ceased to be a DTC-eligible individual before the calendar year in which they attained 50 years of age, the total amount of grants and bonds paid into the RDSP within the period (expressed in number of years) determined by the following formula that ended before the day on which the beneficiary ceased to be a DTC-eligible individual, less any portion of that amount that was repaid to the Minister within that period:
60 – n
where
n
is the beneficiary’s age on December 31 of the calendar year in which the disability assistance payment is made,
(iii) if the disability assistance payment is made after the calendar year in which the beneficiary attains 50 years of age but before the calendar year in which they attain 60 years of age and the beneficiary ceased to be a DTC-eligible individual after the calendar year in which they attained 49 years of age, the total amount of grants and bonds paid into the RDSP during the period beginning on January 1 of the year that is 10 years before the year in which the disability assistance payment is made and ending on the day preceding the day on which the beneficiary ceased to be a DTC-eligible individual, less any portion of that amount that was repaid to the Minister within that period, or
(iv) if the disability assistance payment is made after the calendar year in which the beneficiary attains 59 years of age, nil,
(3) Subsection 5.‍4(2) of the Regulations is replaced by the following:
(2) An issuer that repays the amount referred to in paragraph (1)‍(a) is to do so from the grants and bonds that were paid into the RDSP within the applicable period referred to in the description of A in paragraph (1)‍(c) and within the period referred to in the description of B in paragraph (1)‍(c), in the order in which they were paid into it.
(4) Subsections (1) to (3) are deemed to have come into force on January 1, 2021.
PART 2 
GST/HST Measures
R.‍S.‍, c. E-15
Excise Tax Act
100 (1) The definition reporting period in subsection 123(1) of the Excise Tax Act is replaced by the following:
reporting period of a person means the reporting period of the person as determined under sections 211.‍18 and 245 to 251; (période de déclaration)
(2) Paragraph (c) of the definition activité commerciale in subsection 123(1) of the French version of the Act is replaced by the following:
c) la réalisation d’une fourniture, sauf une fourniture exonérée, d’un immeuble de la personne, y compris les actes qu’elle accomplit dans le cadre ou à l’occasion de la fourniture.‍ (commercial activity)
(3) The definition financial instrument in subsection 123(1) of the Act is amended by adding the following after paragraph (f):
(f.‍1) a virtual payment instrument,
(4) Subsection 123(1) of the Act is amended by adding the following in alphabetical order:
virtual payment instrument means property that is a digital representation of value, that functions as a medium of exchange and that only exists at a digital address of a publicly distributed ledger, other than property that
(a) confers a right, whether immediate or future and whether absolute or contingent, to be exchanged or redeemed for money or specific property or services or to be converted into money or specific property or services,
(b) is primarily for use within, or as part of, a gaming platform, an affinity or rewards program or a similar platform or program, or
(c) is prescribed property; (effet de paiement virtuel)
(5) Subsections (1) and (2) come into force, or are deemed to have come into force, on July 1, 2021.
(6) Subsections (3) and (4) are deemed to have come into force on May 18, 2019.
101 (1) Paragraph 141.‍01(1)‍(c) of the French version of the Act is replaced by the following:
c) la réalisation de fournitures d’immeubles de la personne, y compris les actes qu’elle accomplit dans le cadre ou à l’occasion des fournitures.
(2) Subsection (1) comes into force, or is deemed to have come into force, on July 1, 2021.
102 (1) Subsection 143(1) of the Act is amended by striking out “or” at the end of paragraph (b) and by adding the following after that paragraph:
(b.‍1) the supply is a qualifying tangible personal property supply (as defined in subsection 211.‍1(1)) and the person is required under section 211.‍22 to be registered under Subdivision D of Division V at the time the supply is made; or
(2) Subsection (1) comes into force, or is deemed to have come into force, on July 1, 2021.
(3) For the purposes of applying subsection 143(1) of the Act, as amended by subsection (1), in respect of a supply in respect of which subparagraph 107(2)‍(c)‍(ii) applies, the supply is deemed to have been made on July 1, 2021.
103 (1) Subsection 148(3) of the Act is replaced by the following:
Non-application
(3) This section does not apply to
(a) a person registered under Subdivision E of Division II; or
(b) a non-resident person that makes a supply in Canada of admissions in respect of a place of amusement, a seminar, an activity or an event and whose only business carried on in Canada is the making of such supplies.
(2) Subsection (1) comes into force, or is deemed to have come into force, on July 1, 2021.
104 (1) Subsection 178.‍8(9) of the Act is replaced by the following:
Application
(9) Subsections (2) to (7) do not apply in respect of goods imported in circumstances in which subsection 169(2) applies or in which section 180 or subparagraph 211.‍23(1)‍(c)‍(i) deems a person to have paid tax in respect of a supply of property equal to the tax under Division III in respect of the importation of goods.
(2) Subsection (1) applies to goods imported on or after July 1, 2021 and to goods imported before that day that were not accounted for under section 32 of the Customs Act before that day.
105 (1) Section 179 of the Act is amended by adding the following after subsection (3):
Exception — distribution platform operator
(3.‍1) For the purposes of this Part, if
(a) paragraphs (1)‍(a) to (c) apply to a taxable supply in respect of particular tangible personal property that is made by a registrant and is referred to in any of subparagraphs (1)‍(a)‍(i) to (iii),
(b) the transfer referred to in paragraph (1)‍(b) of physical possession of the particular property is to a person (in this subsection referred to as the “consignee”) that is acquiring physical possession of the particular property as the recipient of a taxable supply made by way of sale of the particular property that
(i) is deemed under subsection 211.‍23(1) to have been made by a distribution platform operator (as defined in subsection 211.‍1(1)), and
(ii) would, in the absence of subsection 211.‍23(1), be made by a non-resident person that is not registered under Subdivision D of Division V,
(c) the distribution platform operator is registered under Subdivision D of Division V, and
(d) the non-resident person gives to the registrant, and the registrant retains, a certificate that
(i) acknowledges that the consignee acquired physical possession of the particular property as the recipient of a taxable supply and that the distribution platform operator is required to collect tax in respect of that taxable supply, and
(ii) states the distribution platform operator’s name and registration number assigned under section 241,
the following rules apply:
(e) paragraphs (1)‍(d) to (g) do not apply to the taxable supply referred to in paragraph (a), and
(f) the taxable supply referred to in paragraph (a) is deemed to have been made outside Canada.
(2) Section 179 of the Act is amended by adding the following after subsection (7):
Fungible property
(7.‍1) For the purposes of this section, substitute tangible personal property is deemed to be the original tangible personal property if
(a) one of the following conditions is met:
(i) a registrant acquires physical possession of the original tangible personal property for the purpose of making a supply of a service of manufacturing or producing tangible personal property (in this subparagraph referred to as the “manufactured property”) and the substitute tangible personal property is used or consumed by being
(A) incorporated or transformed into, attached to, or combined or assembled with, the manufactured property in the manufacture or production of the manufactured property, or
(B) directly consumed or expended in the manufacture or production of the manufactured property,
(ii) the following conditions are met:
(A) a registrant acquires physical possession of the original tangible personal property for the purpose of making a supply of a commercial service in respect of that property,
(B) if the commercial service is not a storage service, a service identical to the commercial service is performed in respect of the substitute tangible personal property,
(C) the registrant causes physical possession of the substitute tangible personal property to be transferred to another person under the agreement for the supply, and
(D) if the substitute property is a continuous transmission commodity, the substitute tangible personal property is not being transferred to the other person by means of a wire, pipeline or other conduit, or
(iii) a registrant acquires physical possession of the original tangible personal property for the purpose of making a supply of a commercial service in respect of tangible personal property (in this subparagraph referred to as the “serviced property”) that is neither the original tangible personal property nor the substitute tangible personal property and the substitute tangible personal property is used or consumed by being
(A) incorporated into, attached to, or combined or assembled with, the serviced property in the provision of the commercial service, or
(B) directly consumed or expended in the provision of the commercial service; and
(b) the properties of the original tangible personal property are essentially identical to the properties of the substitute tangible personal property and the original tangible personal property and the substitute tangible personal property
(i) are of the same class or kind of property,
(ii) are in the same measure and state, and
(iii) are interchangeable for commercial purposes.
(3) Subsection (1) comes into force, or is deemed to have come into force, on July 1, 2021.
(4) Subsection (2) applies in respect of any supply made after May 17, 2019 and in respect of any supply made on or before that day if the supplier did not, on or before that day, charge, collect or remit any amount as or on account of tax under Part IX of the Act in respect of the supply.
106 (1) Paragraph 186(1)‍(b) of the Act is replaced by the following:
(b) at the time that tax in respect of the acquisition, importation or bringing in becomes payable, or is paid without having become payable, by the parent, all or substantially all of the property of the other corporation is property that was last manufactured, produced, acquired or imported by the other corporation for consumption, use or supply by the other corporation exclusively in the course of its commercial activities,
(2) Subsection 186(1) of the Act, as amended by subsection (1), is replaced by the following:
Definition of unit
186 (0.‍1) In this section, unit means, in respect of a corporation, a share of the capital stock of the corporation.
Operating corporation
(0.‍2) For the purposes of this section, a particular corporation is at a particular time an operating corporation of another corporation if at the particular time the particular corporation is related to the other corporation and all or substantially all of the property of the particular corporation is property that was last manufactured, produced, acquired or imported by the particular corporation for consumption, use or supply by the particular corporation exclusively in the course of its commercial activities.
Input tax credit
(1) Unless subsection (2) applies, if at a particular time a registrant (in this subsection referred to as the “parent”) that is a corporation resident in Canada acquires, imports or brings into a participating province a particular property or service and if at the particular time a particular corporation is an operating corporation of the parent, the parent is deemed, for the purpose of determining an input tax credit of the parent, to have acquired or imported the particular property or service or brought it into the participating province, as the case may be, for use in the course of commercial activities of the parent to the extent that
(a) the parent acquired or imported the particular property or service or brought it into the participating province, as the case may be, for the purpose of
(i) selling or otherwise disposing of, purchasing or otherwise obtaining, or holding units or indebtedness of the particular corporation by the parent, or
(ii) redeeming, issuing or converting or otherwise modifying units or indebtedness of the particular corporation by the particular corporation;
(b) the parent acquired or imported the particular property or service or brought it into the participating province, as the case may be, for the purpose of issuing or selling units or indebtedness of the parent, the parent transfers to the particular corporation the proceeds from the issuance or sale by lending money to the particular corporation or by purchasing or otherwise obtaining from the particular corporation units or indebtedness of the particular corporation, and the proceeds that are transferred to the particular corporation are for use in the course of its commercial activities; or
(c) if at the particular time all or substantially all of the property of the parent is property that was manufactured, produced, acquired or imported by the parent for consumption, use or supply exclusively in the course of its commercial activities, property that is units or indebtedness of operating corporations of the parent or a combination of such property, the parent acquired or imported the particular property or service or brought it into the participating province, as the case may be, for the purpose of carrying on, engaging in or conducting an activity of the parent other than
(i) an activity that is primarily in respect of units or indebtedness of a person that is neither the parent nor an operating corporation of the parent, or
(ii) an activity that is carried on, engaged in or conducted in the course of making an exempt supply by the parent unless the activity is a financial service that is
(A) the lending or borrowing of units or indebtedness of an operating corporation of the parent,
(B) the issue, granting, allotment, acceptance, endorsement, renewal, processing, variation, transfer of ownership or repayment of units or indebtedness of the parent or an operating corporation of the parent,
(C) the provision, variation, release or receipt of a guarantee, acceptance or indemnity in respect of units or indebtedness of the parent or an operating corporation of the parent,
(D) the payment or receipt of money as dividends (other than patronage dividends), interest, principal, benefits, or similar receipt or payment of money in respect of units or indebtedness of the parent or an operating corporation of the parent, or
(E) the underwriting of units or indebtedness of an operating corporation of the parent.
(3) Subsections 186(0.‍1) and (0.‍2) of the Act, as enacted by subsection (2), are replaced by the following:
Definition of unit
186 (0.‍1) In this section, unit means
(a) in respect of a corporation, a share of the capital stock of the corporation;
(b) in respect of a partnership, an interest of a person in the partnership; and
(c) in respect of a trust, a unit of the trust.
Operating corporations
(0.‍2) For the purposes of this section, a particular corporation is at a particular time an operating corporation of another person that is a corporation, partnership or trust if, at the particular time, all or substantially all of the property of the particular corporation is property that was last manufactured, produced, acquired or imported by the particular corporation for consumption, use or supply by the particular corporation exclusively in the course of its commercial activities and
(a) if the other person is a corporation or a trust, the particular corporation is, at the particular time, related to the other person; or
(b) if the other person is a partnership, the particular corporation is, at the particular time, controlled by
(i) the other person,
(ii) a corporation that is controlled by the other person,
(iii) a corporation that is related to a corporation described in subparagraph (ii), or
(iv) a combination of persons described in subparagraphs (i) to (iii).
(4) The portion of subsection 186(1) of the Act before paragraph (a), as enacted by subsection (2), is replaced by the following:
Input tax credit
(1) Unless subsection (2) applies, if at a particular time a registrant (in this subsection referred to as the “parent”) that is resident in Canada and that is a corporation, partnership or trust acquires, imports or brings into a participating province a particular property or service and if at the particular time a particular corporation is an operating corporation of the parent, the parent is deemed, for the purpose of determining an input tax credit of the parent, to have acquired or imported the particular property or service or brought it into the participating province, as the case may be, for use in the course of commercial activities of the parent to the extent that
(5) Paragraph 186(2)‍(b) of the Act is replaced by the following:
(b) throughout the period beginning when the performance of the particular service began or when the purchaser acquired, imported or brought into the participating province, as the case may be, the particular property and ending at the later of the times referred to in paragraph (c), all or substantially all of the property of the other corporation was property that was last manufactured, produced, acquired or imported for consumption, use or supply exclusively in the course of commercial activities,
(6) Subsection 186(3) of the Act is replaced by the following:
Shares, etc.‍, held by corporation
(3) If at any time all or substantially all of the property of a particular corporation is property that was last manufactured, produced, acquired or imported by it for consumption, use or supply exclusively in the course of its commercial activities, all shares of the capital stock of the particular corporation owned by, and all indebtedness of the particular corporation owed to, any other corporation that is related to the particular corporation are, for the purposes of this section, deemed to be, at that time, property that was acquired by the other corporation for use exclusively in the course of its commercial activities.
(7) Subsection 186(3) of the Act, as enacted by subsection (6), is replaced by the following:
Shares, etc.‍, held by corporation
(3) If at a particular time a particular corporation is an operating corporation of another corporation, all units of the particular corporation owned by, and all indebtedness of the particular corporation owed to, the other corporation are, for the purposes of this section, deemed to be, at the particular time, property that was acquired by the other corporation for use exclusively in the course of its commercial activities.
(8) Subsections (1) and (6) apply in respect of any property or service acquired, imported or brought into a participating province before July 28, 2018 if tax became payable or was paid without having become payable in respect of the acquisition, importation or bringing into the participating province.
(9) Subsections (2) and (7) apply in respect of any property or service acquired, imported or brought into a participating province after July 27, 2018.
(10) Subsection 186(0.‍1) of the Act, as enacted by subsection (3), is deemed to have come into force on May 18, 2019.
(11) Subsection 186(0.‍2) of the Act, as enacted by subsection (3), and subsection (4) apply in respect of any property or service acquired, imported or brought into a participating province after May 17, 2019.
(12) Subsection (5) applies to any acquisition, importation or bringing into a participating province of property or a service in respect of which tax is payable or is paid without having become payable.
107 (1) The Act is amended by adding the following after section 211:
SUBDIVISION E 
Electronic Commerce
Interpretation
Definitions
211.‍1 (1) The following definitions apply in this Subdivision.
accommodation platform means a digital platform through which a person facilitates the making of supplies of short-term accommodation situated in Canada by another person that is not registered under Subdivision D of Division V. (plateforme de logements)
accommodation platform operator, in respect of a supply of short-term accommodation made through an accommodation platform, means a person (other than the supplier or an excluded operator in respect of the supply) that
(a) controls or sets the essential elements of the transaction between the supplier and the recipient;
(b) if paragraph (a) does not apply to any person, is involved, directly or through arrangements with third parties, in collecting, receiving or charging the consideration for the supply and transmitting all or part of the consideration to the supplier; or
(c) is a prescribed person. (exploitant de plateforme de logements)
Canadian accommodation related supply means a taxable supply of a service
(a) that is made to a person in connection with a supply of short-term accommodation situated in Canada made to the person; and
(b) the consideration for which represents a booking fee, administration fee or other similar charge. (fourniture liée à un logement au Canada)
digital platform includes a website, an electronic portal, gateway, store or distribution platform or any other similar electronic interface but does not include
(a) an electronic interface that solely processes payments; or
(b) a prescribed platform or interface. (plateforme numérique)
distribution platform operator, in respect of a supply of property or a service made through a specified distribution platform, means a person (other than the supplier or an excluded operator in respect of the supply) that
(a) controls or sets the essential elements of the transaction between the supplier and the recipient;
(b) if paragraph (a) does not apply to any person, is involved, directly or through arrangements with third parties, in collecting, receiving or charging the consideration for the supply and transmitting all or part of the consideration to the supplier; or
(c) is a prescribed person. (exploitant de plateforme de distribution)
electronic filing means using electronic media in a manner specified by the Minister. (transmission électronique)
excluded operator means a person that, in respect of a supply of property or a service, 
(a) meets all of the following conditions:
(i) the person does not set, directly or indirectly, any of the terms and conditions under which the supply is made,
(ii) the person is not involved, directly or indirectly, in authorizing the charge to the recipient of the supply in respect of the payment of the consideration for the supply, and
(iii) the person is not involved, directly or indirectly, in the ordering or delivery of the property or in the ordering or rendering of the service;
(b) solely provides for the listing or advertising of the property or service or for the redirecting or transferring to a digital platform on which the property or service is offered;
(c) is solely a payment processor; or
(d) is a prescribed person. (exploitant exclu)
false statement includes a statement that is misleading because of an omission from the statement. (faux énoncé)
qualifying tangible personal property supply means a supply made by way of sale of tangible personal property that is, under the agreement for the supply, to be delivered or made available to the recipient in Canada, other than
(a) an exempt or zero-rated supply;
(b) a supply of tangible personal property sent by mail or courier to the recipient at an address in Canada from an address outside Canada by the supplier or by another person acting on behalf of the supplier, if the supplier maintains evidence satisfactory to the Minister that the property was so sent;
(c) a supply that is deemed under subsection 180.‍1(2) to have been made outside Canada; and
(d) a prescribed supply. (fourniture admissible d’un bien meuble corporel)
specified Canadian recipient means a recipient of a supply in respect of which the following conditions are met:
(a) the recipient has not provided to the supplier, or to a distribution platform operator in respect of the supply, evidence satisfactory to the Minister that the recipient is registered under Subdivision D of Division V; and
(b) the usual place of residence of the recipient is situated in Canada. (acquéreur canadien déterminé)
specified distribution platform means a digital platform through which a person facilitates the making of specified supplies by another person that is a specified non-resident supplier or facilitates the making of qualifying tangible personal property supplies by another person that is not registered under Subdivision D of Division V. (plateforme de distribution déterminée)
specified non-resident supplier means a non-resident person that does not make supplies in the course of a business carried on in Canada and that is not registered under Subdivision D of Division V. (fournisseur non-résident déterminé)
specified supply means a taxable supply of intangible personal property or a service other than
(a) a supply of intangible personal property that
(i) may not be used in Canada,
(ii) relates to real property situated outside Canada, or
(iii) relates to tangible personal property ordinarily situated outside Canada;
(b) a supply of a service that
(i) may only be consumed or used outside Canada,
(ii) is in relation to real property situated outside Canada, or
(iii) is rendered in connection with criminal, civil or administrative litigation (other than a service rendered before the commencement of such litigation) that is under the jurisdiction of a court or other tribunal established under the laws of a country other than Canada or that is in the nature of an appeal from a decision of a court or other tribunal established under the laws of a country other than Canada;
(c) a supply of a service that is deemed under subsection 180.‍1(2) to have been made outside Canada;
(d) a supply of a service
(i) that is made to a person in connection with a supply of short-term accommodation made to the person, and
(ii) the consideration for which represents a booking fee, administration fee or other similar charge; and
(e) a prescribed supply. (fourniture déterminée)
Registration
(2) For greater certainty, in this Part (other than this Subdivision) and in Schedules V to X, a reference to registration does not include registration under this Subdivision.
Accommodations, Intangible Personal Property and Services
Residence indicators
211.‍11 (1) For the purposes of this Subdivision, the following are indicators in respect of the usual place of residence of a recipient of a supply:
(a) the home address of the recipient;
(b) the business address of the recipient;
(c) the billing address of the recipient;
(d) the Internet Protocol address of the device used by the recipient or similar data obtained through a geolocation method;
(e) payment-related information in respect of the recipient or other information used by the payment system;
(f) the information from a subscriber identity module, or other similar module, used by the recipient;
(g) the place at which a landline communication service is supplied to the recipient; and
(h) any other relevant information that the Minister may specify.
Indicator — Canada and provinces
(2) For the purposes of this section,
(a) a Canadian indicator in respect of the recipient of a supply is an indicator obtained in connection with the supply that reasonably supports the conclusion that the usual place of residence of the recipient is situated in Canada;
(b) a foreign indicator in respect of the recipient of a supply is an indicator obtained in connection with the supply that reasonably supports the conclusion that the usual place of residence of the recipient is situated outside Canada;
(c) a participating province indicator in respect of the recipient of a supply is an indicator obtained in connection with the supply that reasonably supports the conclusion that the usual place of residence of the recipient is situated in a participating province; and
(d) a non-participating province indicator in respect of the recipient of a supply is an indicator obtained in connection with the supply that reasonably supports the conclusion that the usual place of residence of the recipient is situated in a non-participating province.
Usual place of residence — Canada
(3) For the purposes of this Subdivision, the usual place of residence of the recipient of a supply is situated in Canada if a person that is the supplier or a distribution platform operator in respect of the supply,
(a) in the ordinary course of the person’s operations, has obtained two or more Canadian indicators in respect of the recipient and has not obtained more than one foreign indicator in respect of the recipient;
(b) in the ordinary course of the person’s operations, has obtained two or more Canadian indicators in respect of the recipient and two or more foreign indicators in respect of the recipient, but the Canadian indicators are, in the circumstances, reasonably considered to be more reliable in determining a place of residence; or
(c) if paragraphs (a) and (b) do not apply, has determined that the usual place of residence of the recipient is situated in Canada based on any method that the Minister may allow.
Usual place of residence — participating province address
(4) For the purposes of this Subdivision, if the usual place of residence of the recipient of a supply is situated in Canada and if a person that is the supplier or a distribution platform operator in respect of the supply has obtained in the ordinary course of the person’s operations one or more addresses that are a home or business address of the recipient in a participating province and has not obtained in the ordinary course of the person’s operations the same number or a greater number of addresses that are a home or business address of the recipient in a non-participating province, the usual place of residence of the recipient is situated in the following participating province:
(a) if those addresses of the recipient that are in a participating province are all in the same participating province, that participating province; and
(b) if those addresses of the recipient that are in a participating province are in two or more participating provinces and if the tax rates for those participating provinces are the same, the participating province among those participating provinces that has the largest population.
Usual place of residence — participating province indicators
(5) For the purposes of this Subdivision, if the usual place of residence of the recipient of a supply is situated in Canada but is not determined under subsection (4) to be in a participating province and if a person that is the supplier or a distribution platform operator in respect of the supply has obtained in the ordinary course of the person’s operations one or more participating province indicators in respect of the recipient and has not obtained in the ordinary course of the person’s operations the same number or a greater number of non-participating province indicators in respect of the recipient that could reasonably be considered to be as reliable in determining a place of residence as those participating province indicators, the usual place of residence of the recipient is situated in the following participating province:
(a) if those participating province indicators are in respect of the same participating province, that participating province;
(b) if those participating province indicators are in respect of two or more participating provinces and the participating province indicators in respect of one of those participating provinces are, in the circumstances, reasonably considered to be more reliable in determining a place of residence, that participating province;
(c) if the usual place of residence of the recipient is not determined under paragraph (a) or (b) and if the person has determined that the usual place of residence of the recipient is situated in one of the participating provinces based on any method that the Minister may allow, that participating province; or
(d) if the usual place of residence of the recipient is not determined under any of paragraphs (a) to (c) and if those participating province indicators are in respect of two or more participating provinces, the participating province among those participating provinces for which the tax rate is the lowest or, if the tax rates for those participating provinces are the same, the participating province among those participating provinces that has the largest population.
Usual place of residence — participating province
(6) For the purposes of this Subdivision, if, in respect of a supply, the usual place of residence of the recipient is situated in Canada but is not determined under subsection (4) or (5) to be in a participating province and if a person that is the supplier or a distribution platform operator in respect of the supply has determined that the usual place of residence of the recipient is situated in a participating province based on any method that the Minister may allow, then the usual place of residence of the recipient is situated in that participating province.
Threshold amount
211.‍12 (1) For the purposes of this section, the threshold amount of a particular person for a period is the total of all amounts each of which is an amount that is, or that could reasonably be expected to be, the value of the consideration for a supply that is, or that could reasonably be expected to be,
(a) a specified supply made during that period by the particular person to a specified Canadian recipient (other than a zero-rated supply or a supply that is deemed to have been made by the particular person under paragraph 211.‍13(1)‍(a) or subparagraph 211.‍13(2)‍(a)‍(i));
(b) a Canadian accommodation related supply made during that period by the particular person to another person that is not registered under Subdivision D of Division V;
(c) if the particular person is a distribution platform operator in respect of a specified supply (other than a zero-rated supply) made during that period through a specified distribution platform by a specified non-resident supplier to a specified Canadian recipient, a specified supply (other than a zero-rated supply) that is made during that period through the specified distribution platform by a specified non-resident supplier to a specified Canadian recipient and in respect of which any person is a distribution platform operator; or
(d) if the particular person is an accommodation platform operator in respect of an accommodation supply — being a taxable supply of short-term accommodation situated in Canada made by any person that is not registered under Subdivision D of Division V to a recipient that is not registered under that Subdivision — that is made during that period through an accommodation platform, an accommodation supply that is made during that period through the accommodation platform and in respect of which any person is an accommodation platform operator.
Registration required
(2) Every person (other than a registrant or a person that carries on a business in Canada) that is a specified non-resident supplier at any time, a distribution platform operator in respect of a supply made at any time or an accommodation platform operator in respect of a supply made at any time is required at that time to be registered under this Subdivision if the threshold amount of the person for any period of 12 months (other than a period that begins before July 2021) that includes that time exceeds $30,000.
Application
(3) A person required under subsection (2) to be registered under this Subdivision shall apply to the Minister for registration. The application is to be made in prescribed form containing prescribed information and is to be filed with the Minister by way of electronic filing on or before the first day on which the person is required to be registered under this Subdivision.
Registration
(4) The Minister may register any person that applies for registration under subsection (3) and, upon doing so, the Minister shall assign a registration number to the person and notify the person of the registration number and the effective date of the registration.
Notice of intent
(5) If the Minister has reason to believe that a person that is not registered under this Subdivision is required to be registered under subsection (2) and has failed to apply for registration under subsection (3) as and when required, the Minister may send a notice in writing (in this section referred to as a “notice of intent”) to the person that the Minister proposes to register the person under subsection (7).
Representations to Minister
(6) Upon receipt of a notice of intent, a person shall apply for registration under subsection (3) or establish to the satisfaction of the Minister that the person is not required to be registered under subsection (2).
Registration by Minister
(7) If, after 60 days after the particular day on which a notice of intent was sent by the Minister to a person, the person has not applied for registration under subsection (3) and the Minister is not satisfied that the person is not required to be registered under subsection (2), the Minister may register the person under this Subdivision and, upon doing so, shall assign a registration number to the person and notify the person in writing of the registration number and the effective date of the registration, which effective date is not to be earlier than 60 days after the particular day.
Cessation of registration
(8) If a person is registered under this Subdivision and if the person becomes registered under Subdivision D of Division V on a particular day, the person ceases to be registered under this Subdivision effective on the particular day.
Cancellation on notice
(9) The Minister may, after giving a person that is registered under this Subdivision reasonable written notice, cancel the registration of the person if the Minister is satisfied that the registration is not required under this Subdivision.
Cancellation on request
(10) On request from a person, the Minister shall cancel the registration of the person under this Subdivision if the Minister is satisfied that the registration is not required under this Subdivision.
Cancellation — notification
(11) If the Minister cancels the registration of a person under subsection (9) or (10), the Minister shall notify the person of the cancellation and its effective date.
Public disclosure
(12) Despite section 295, the Minister may make available to the public, in any manner that the Minister considers appropriate, the names of persons registered under this Subdivision (including any trade name or other name used by those persons), the registration numbers assigned to those persons under this section, the effective date of the registration and, if a person ceases to be registered under this Subdivision, the date on which the person ceases to be registered.
Specified supply — operator
211.‍13 (1) If a specified supply is made through a specified distribution platform by a specified non-resident supplier to a specified Canadian recipient and if another person registered under this Subdivision is a distribution platform operator in respect of the specified supply, then, for the purposes of this Part (other than section 211.‍1, paragraph 211.‍12(1)‍(c) and section 240)
(a) the specified supply is deemed to have been made by the other person and not by the specified non-resident supplier; and
(b) the other person is deemed not to have made a supply to the specified non-resident supplier of services relating to the specified supply.
Specified supply — registered operator
(2) If a specified supply is made through a specified distribution platform by a specified non-resident supplier, if another person that is registered under Subdivision D of Division V, or that carries on a business in Canada, is a distribution platform operator in respect of the specified supply and if, in the absence of section 143, the specified supply would have been a supply made in Canada, the following rules apply:
(a) if the other person is registered under Subdivision D of Division V, for the purposes of this Part (other than section 211.‍1, paragraph 211.‍12(1)‍(c) and section 240)
(i) the specified supply is deemed to have been made by the other person and not by the specified non-resident supplier, and
(ii) the other person is deemed not to have made a supply to the specified non-resident supplier of services relating to the specified supply; and
(b) in any other case, for the purposes of sections 148 and 249, the specified supply is deemed to have been made by the other person and not by the specified non-resident supplier.
Accommodation — operator
(3) If a particular supply that is a taxable supply of short-term accommodation situated in Canada is made through an accommodation platform by a particular person that is not registered under Subdivision D of Division V, if another person that is registered under this Subdivision is an accommodation platform operator in respect of the particular supply and if the recipient has not provided to the other person evidence satisfactory to the Minister that the recipient is registered under Subdivision D of Division V, then, for the purposes of this Part (other than sections 148 and 211.‍1, paragraph 211.‍12(1)‍(d) and sections 240 and 249)
(a) the particular supply is deemed to have been made by the other person and not by the particular person; and
(b) the other person is deemed not to have made a supply to the particular person of services relating to the particular supply.
Accommodation — registered operator
(4) If a particular supply that is a taxable supply of short-term accommodation situated in Canada is made through an accommodation platform by a particular person that is not registered under Subdivision D of Division V and if another person that is registered under that Subdivision, or that carries on a business in Canada, is an accommodation platform operator in respect of the particular supply, then, for the purposes of this Part (other than for the purposes of applying sections 148 and 249 in respect of the particular person and other than for the purposes of section 211.‍1, paragraph 211.‍12(1)‍(d) and section 240)
(a) the particular supply is deemed to have been made by the other person and not by the particular person; and
(b) the other person is deemed not to have made a supply to the particular person of services relating to the particular supply.
Joint and several, or solidary, liability
(5) If a particular person that is deemed under paragraph (1)‍(a), subparagraph (2)‍(a)‍(i) or paragraph (3)‍(a) or (4)‍(a) not to have made a supply made a false statement to another person that is deemed under paragraph (1)‍(a), subparagraph (2)‍(a)‍(i) or paragraph (3)‍(a) or (4)‍(a), as the case may be, to have made the supply and if the false statement is relevant to the determination of whether the other person is required to collect tax in respect of the supply or the determination of the amount of tax that the other person is required to collect in respect of the supply, the following rules apply:
(a) the particular person and the other person are jointly and severally, or solidarily, liable for all obligations under this Part (in this subsection referred to as the “obligations in respect of the supply”) that arise upon or as a consequence of
(i) the tax in respect of the supply becoming collectible by the other person, and
(ii) a failure to account for or pay as and when required under this Part an amount of net tax of the other person, or an amount required under section 230.‍1 to be paid by the other person, that is reasonably attributable to the supply;
(b) the Minister may assess the particular person for any amount for which the particular person is liable under this subsection and sections 296 to 311 apply with any modifications that the circumstances require; and
(c) if the other person did not know and could not reasonably be expected to have known that the particular person made a false statement and if the other person relied in good faith on the false statement and, because of such reliance, did not charge, collect or remit all the tax in respect of the supply that the other person was required to charge, collect or remit, despite section 296, the Minister is not to assess the other person for any obligations in respect of the supply in excess of the obligations in respect of the supply that arise upon or as a consequence of the other person having charged, collected or remitted an amount of tax in respect of the supply.
Supply — Canada
211.‍14 (1) For the purposes of this Part and despite paragraphs 136.‍1(1)‍(d) and (2)‍(d), subsection 142(2) and section 143, if a person registered under this Subdivision makes a specified supply to a specified Canadian recipient, or makes a Canadian accommodation related supply to a recipient that has not provided to the person evidence satisfactory to the Minister that the recipient is registered under Subdivision D of Division V, the supply is deemed to be made in Canada and, in the case of a Canadian accommodation related supply that is included in Schedule VI, the supply is deemed not to be included in that Schedule.
Supply — Canada
(2) For the purposes of this Part and despite paragraph 136.‍1(2)‍(d), subsection 142(2) and section 143, if a person registered under Subdivision D of Division V or carrying on a business in Canada makes a Canadian accommodation related supply, the supply is deemed to be made in Canada and, if the supply is included in Schedule VI, the supply is deemed not to be included in that Schedule.
Specified supply — participating province
(3) For the purposes of this Part and despite section 144.‍1, if a specified supply (other than a supply of intangible personal property, or a service, that relates to real property) is deemed to be made in Canada under subsection (1), the following rules apply:
(a) if the usual place of residence of the specified Canadian recipient is situated in a participating province, the supply is deemed to be made in the participating province; and
(b) in any other case, the supply is deemed to be made in a non-participating province.
Canadian accommodation related supply — participating province
(4) For the purposes of this Part and despite section 144.‍1, if a Canadian accommodation related supply is deemed to be made in Canada under subsection (1) or (2), the supply is deemed to be made in the province in which the accommodation is situated.
Billing agent
211.‍15 For the purposes of this Part, if a particular person that is registered under this Subdivision makes an election in respect of a supply under subsection 177(1.‍1) with a registrant described in subsection 177(1.‍11), the registrant is deemed not to have made a supply to the particular person of services of acting as an agent described in subsection 177(1.‍11) in respect of the supply.
Disclosure of tax
211.‍16 A person registered under this Subdivision that is required under section 221 to collect tax in respect of a supply shall indicate to the recipient, in a manner satisfactory to the Minister,
(a) the consideration paid or payable by the recipient for the supply and the tax payable in respect of the supply; or
(b) that the amount paid or payable by the recipient for the supply includes the tax payable in respect of the supply.
Restrictions
211.‍17 (1) No amount of an input tax credit, rebate, refund or remission under this or any other Act of Parliament shall be credited, paid, granted or allowed to the extent that it can reasonably be regarded that the amount is determined, directly or indirectly, in relation to an amount that is collected as or on account of tax, or in relation to an amount of tax that is required to be collected, by a person that is registered or required to be registered under this Subdivision.
Exception
(2) Subsection (1) does not apply
(a) to a rebate, refund or remission in relation to an amount that a person may
(i) deduct under subsection 231(1), 232(3) or 234(3) in determining the net tax of the person for a reporting period of the person,
(ii) claim as a rebate under section 259 or 259.‍1, or
(iii) claim as a rebate under section 261 in respect of an amount that is collected as or on account of tax from the person at a time when the person is not registered under Subdivision D of Division V;
(b) for the purposes of subsections 232(1) and (2); and
(c) for prescribed purposes.
Return
211.‍18 (1) Despite subsection 238(2), every person registered under this Subdivision shall file a return with the Minister by way of electronic filing for each reporting period of the person within one month after the end of the reporting period.
Reporting period
(2) Despite sections 245 and 251 and subject to subsections (3) and (4), the reporting period of a person registered under this Subdivision is a calendar quarter.
Becoming registered
(3) If a person becomes registered under this Subdivision on a particular day, the following periods are deemed to be separate reporting periods of the person:
(a) the period beginning on the first day of the reporting period of the person, otherwise determined under section 245, that includes the particular day and ending on the day immediately preceding the particular day; and
(b) the period beginning on the particular day and ending on the last day of the calendar quarter that includes the particular day.
Cessation of registration
(4) If a person ceases to be registered under this Subdivision on a particular day, the following periods are deemed to be separate reporting periods of the person:
(a) the period beginning on the first day of the calendar quarter that includes the particular day and ending on the day immediately preceding the particular day; and
(b) the period beginning on the particular day and ending on the last day of the reporting period of the person, otherwise determined under section 245, that includes the particular day.
Definition of qualifying foreign currency
211.‍19 (1) In this section, qualifying foreign currency means the U.‍S. dollar, the euro or another foreign currency that the Minister may specify.
Manner of payment
(2) Every person that is registered or required to be registered under this Subdivision and that is required under subsection 278(2) to pay or remit an amount to the Receiver General shall pay or remit that amount in the manner determined by the Minister.
Non application — subsection 278(3)
(3) Subsection 278(3) does not apply in respect of an amount that a person that is registered or required to be registered under this Subdivision is required under this Part to pay or remit to the Receiver General.
Foreign currency — no designation
(4) Despite section 159 and subject to subsection (7), if tax is collected, or required to be collected, in respect of a supply made by a person that is registered or required to be registered under this Subdivision and if the value of the consideration for the supply is expressed in a foreign currency, the consideration is to be converted into Canadian currency using the exchange rate applicable on the last day of the reporting period in which the tax is collected or required to be collected, as the case may be, or using any other conversion method that the Minister may allow.
Foreign currency — application
(5) A person registered under this Subdivision may apply to the Minister, in prescribed form containing prescribed information and filed in prescribed manner with the Minister, to be designated as a person eligible to determine the net tax for a reporting period of the person in a qualifying foreign currency. The Minister may require that the application be filed by way of electronic filing.
Foreign currency — authorization
(6) If the Minister receives an application of a person under subsection (5), the Minister may, subject to such conditions as the Minister may at any time impose, designate the person as a person eligible to determine the net tax for a reporting period of the person in the qualifying foreign currency indicated by the Minister.
Foreign currency — designated persons
(7) Despite section 159, if a person is designated under subsection (6) in respect of a reporting period of the person, the following rules apply in respect of the reporting period:
(a) the net tax for the reporting period is to be determined in the return for that reporting period in the qualifying foreign currency indicated by the Minister;
(b) any amount to be remitted or paid by the person to the Receiver General in respect of the reporting period is to be remitted or paid in the qualifying foreign currency indicated by the Minister; and
(c) any amount that is required to be converted into the qualifying foreign currency indicated by the Minister for the purposes of determining the net tax for the reporting period, or for the purposes of determining any other amount to be remitted or paid to the Receiver General in respect of the reporting period, is to be converted into that qualifying foreign currency using the exchange rate applicable on the last day of the reporting period or using any other conversion method that the Minister may allow.
Prohibition
211.‍2 No person shall, in respect of a supply of property or a service made to a particular person who is a consumer of the property or service, provide to another person that is registered or required to be registered under this Subdivision evidence that the particular person is registered under Subdivision D of Division V.
Information return — accommodation platform operator
211.‍21 A person (other than a prescribed person) that, at any time during a calendar year, is registered or required to be registered under this Subdivision or is a registrant and that is an accommodation platform operator in respect of a supply of short-term accommodation situated in Canada made in the calendar year shall file with the Minister an information return for the calendar year, in prescribed form containing prescribed information, before July of the following calendar year. The Minister may require that the information return be filed by way of electronic filing.
Tangible Personal Property
Definition of specified recipient
211.‍22 (1) In this section, specified recipient, in respect of a supply of property, means a person (other than a non-resident person that is not a consumer of the property) that is the recipient of the supply and that is not registered under Subdivision D of Division V.
Registration required
(2) Every person that is a non-resident person that does not at any time make supplies in the course of a business carried on in Canada or a distribution platform operator in respect of a supply made at any time is required at that time to be registered under Subdivision D of Division V if, for any period of 12 months (other than a period that begins before July 2021) that includes that time, the amount determined by the following formula is greater than $30,000:
A + B
where
A
is the total of all amounts, each of which is an amount that is, or that could reasonably be expected to be, the value of the consideration for a taxable supply that is, or that could reasonably be expected to be, a qualifying tangible personal property supply made during that period by the person to a specified recipient (other than a supply deemed to have been made by the person under subparagraph 211.‍23(1)‍(a)‍(i)); and
B
is
(a) if the person is a distribution platform operator in respect of a qualifying tangible personal property supply made during that period through a specified distribution platform, the total of all amounts, each of which is an amount that is, or that could reasonably be expected to be, the value of the consideration for a supply that is, or that could reasonably be expected to be, a qualifying tangible personal property supply made during that period through the specified distribution platform to a specified recipient and in respect of which any person is a distribution platform operator, and
(b) in any other case, zero.
Qualifying supply — operator
211.‍23 (1) If a particular supply that is a qualifying tangible personal property supply is made through a specified distribution platform by a particular person that is not registered under Subdivision D of Division V and if another person that is registered under Subdivision D of Division V, or is carrying on a business in Canada, is a distribution platform operator in respect of the particular supply, the following rules apply:
(a) for the purposes of this Part (other than for the purposes of applying sections 148 and 249 in respect of the particular person and other than for the purposes of section 211.‍1, paragraph (a) of the description of B in subsection 211.‍22(2) and section 240)
(i) the particular supply is deemed to have been made by the other person and not by the particular person, and
(ii) the particular supply is deemed to be a taxable supply;
(b) for the purposes of this Part (other than sections 179 and 180), the other person is deemed not to have made a supply to the particular person of services relating to the particular supply; and
(c) if the other person is registered under Subdivision D of Division V, if the particular person has paid tax under Division III in respect of the importation of the tangible personal property, if no person is entitled to claim an input tax credit or a rebate under this Part in respect of the tax in respect of the importation, if no person is deemed under section 180 to have paid tax in respect of a supply of the tangible personal property that is equal to the tax in respect of the importation and if the particular person provides to the other person evidence satisfactory to the Minister that the tax in respect of the importation has been paid,
(i) for the purposes of determining an input tax credit of the other person, the other person is deemed
(A) to have paid, at the time the particular person paid the tax in respect of the importation, tax in respect of a supply made to the other person of the tangible personal property equal to the tax in respect of the importation, and
(B) to have acquired the tangible personal property for use exclusively in commercial activities of the other person, and
(ii) no portion of the tax in respect of the importation paid by the particular person shall be rebated, refunded or remitted to the particular person, or shall otherwise be recovered by the particular person, under this or any other Act of Parliament.
Joint and several, or solidary, liability
(2) If a particular person that is deemed under subparagraph (1)‍(a)‍(i) not to have made a supply made a false statement to another person that is deemed under that subparagraph to have made the supply and if the false statement is relevant to the determination of whether the other person is required to collect tax in respect of the supply or the determination of the amount of tax that the other person is required to collect in respect of the supply, the following rules apply:
(a) the particular person and the other person are jointly and severally, or solidarily, liable for all obligations under this Part (in this subsection referred to as the “obligations in respect of the supply”) that arise upon or as a consequence of
(i) the tax in respect of the supply becoming collectible by the other person, and
(ii) a failure to account for or pay as and when required under this Part an amount of net tax of the other person, or an amount required under section 230.‍1 to be paid by the other person, that is reasonably attributable to the supply;
(b) the Minister may assess the particular person for any amount for which the particular person is liable under this subsection and sections 296 to 311 apply with any modifications that the circumstances require; and
(c) if the other person did not know and could not reasonably be expected to have known that the particular person made a false statement and if the other person relied in good faith on the false statement and, because of such reliance, did not charge, collect or remit all the tax in respect of the supply that the other person was required to charge, collect or remit, despite section 296, the Minister is not to assess the other person for any obligations in respect of the supply in excess of the obligations in respect of the supply that arise upon or as a consequence of the other person having charged, collected or remitted an amount of tax in respect of the supply.
Joint and several, or solidary, liability
(3) If a particular person provides to another person evidence that tax in respect of an importation has been paid, if the particular person made a false statement to the other person, if the false statement is relevant to the determination of whether paragraph (1)‍(c) is applicable in respect of the importation and if the other person claimed an input tax credit (in this subsection referred to as the “non-allowable input tax credit”) to which the other person was not entitled but to which the other person would have been entitled if paragraph (1)‍(c) were applicable in respect of the importation, the following rules apply:
(a) the particular person and the other person are jointly and severally, or solidarily, liable for all obligations under this Part that arise upon or as a consequence of the other person having claimed the non-allowable input tax credit;
(b) the Minister may assess the particular person for any amount for which the particular person is liable under this subsection and sections 296 to 311 apply with any modifications that the circumstances require; and
(c) if the other person did not know and could not reasonably be expected to have known that the particular person made a false statement and if the other person relied in good faith on the false statement and, because of such reliance, claimed the non-allowable input tax credit, despite section 296, the Minister is not to assess the other person for any obligations under this Part that arose upon or as a consequence of the other person having claimed the non-allowable input tax credit.
Notification and records — warehouse
211.‍24 A particular person (other than a prescribed person) that in the course of a business makes one or more particular supplies of a service of storing in Canada tangible personal property (other than a service that is incidental to the supply by the particular person of a freight transportation service, as defined in section 1 of Part VII of Schedule VI) offered for sale by another person that is a non-resident person shall
(a) notify the Minister of this fact, in prescribed form containing prescribed information and filed with the Minister in prescribed manner, on or before
(i) the day that is
(A) if the particular person makes those particular supplies in the course of a business carried on as of July 1, 2021, January 1, 2022, and
(B) in any other case, six months after the day on which the particular person last began making those particular supplies in the course of a business, or
(ii) any later day that the Minister may allow; and
(b) in respect of those particular supplies, maintain records containing information specified by the Minister.
Information return — operator
211.‍25 A person (other than a prescribed person) that is a registrant at any time during a calendar year and that is a distribution platform operator in respect of a qualifying tangible personal property supply made in the calendar year shall file with the Minister an information return for the calendar year, in prescribed form containing prescribed information, before July of the following calendar year. The Minister may require that the information return be filed by way of electronic filing.
(2) Subsection (1) comes into force, or is deemed to have come into force, on July 1, 2021, except that
(a) subsections 211.‍13(1) to (4) and section 211.‍14 of the Act, as enacted by subsection (1), apply
(i) in respect of supplies made after June 2021, and
(ii) in respect of supplies made before July 2021 if all or part of the consideration for the supply becomes due, or is paid without having become due, after June 2021;
(b) sections 211.‍21 and 211.‍25 of the Act, as enacted by subsection (1), apply to 2021 and subsequent calendar years except that, in applying those sections to the 2021 calendar year,
(i) the references to “a calendar year” in those sections are to be read as references to “the period that begins on July 1, 2021 and ends on December 31, 2021”, and
(ii) the references to “the calendar year” in those sections are to be read as references to “that period”; and
(c) subsection 211.‍23(1) of the Act, as enacted by subsection (1), applies
(i) in respect of supplies made after June 2021, and
(ii) in respect of supplies made before July 2021 if all of the consideration for the supply becomes due, or is paid without having become due, after June 2021.
(3) For the purposes of applying sections 211.‍12 to 211.‍14 of the Act, as enacted by subsection (1), in respect of a supply in respect of which subparagraph (2)‍(a)‍(ii) applies, the supply is deemed to have been made on July 1, 2021.
(4) If subparagraph (2)‍(a)‍(ii) and subsection 211.‍13(3) or (4) of the Act, as enacted by subsection (1), apply in respect of a supply of short-term accommodation and if part of the consideration for the supply becomes due, or is paid without having become due, before July 2021, for the purposes of Division II of Part IX of the Act, that part of the consideration shall not be included in calculating the tax payable in respect of the supply.
(5) If subparagraph (2)‍(a)‍(ii) and section 211.‍14 of the Act, as enacted by subsection (1), apply in respect of a supply that is a specified supply or a Canadian accommodation related supply, if paragraph 143(1)‍(c) of the Act does not apply in respect of the supply and if part of the consideration for the supply becomes due, or is paid without having become due, before July 2021, the following rules apply:
(a) for the purposes of Division II of Part IX of the Act, that part of the consideration is not to be included in calculating the tax payable in respect of the supply; and
(b) for the purposes of Division IV of Part IX of the Act,
(i) despite section 211.‍14 of the Act, as enacted by subsection (1), the supply is deemed to be made outside Canada, and
(ii) the part of the consideration for the supply that becomes due, or is paid without having become due, after June 2021 is not to be included in calculating the tax payable in respect of the supply.
(6) For the purposes of applying sections 211.‍22 and 211.‍23 of the Act, as enacted by subsection (1), in respect of a supply in respect of which subparagraph (2)‍(c)‍(ii) applies, the supply is deemed to have been made on July 1, 2021.
108 (1) Subsection 240(2) of the Act is replaced by the following:
Non-resident supplier — tangible personal property
(1.‍5) Despite subsection (1), every person that is required under section 211.‍22 to be registered under this Subdivision is required to be registered for the purposes of this Part.
Non-resident performers, etc.
(2) Every person (other than a person registered under Subdivision E of Division II) that enters Canada for the purpose of making taxable supplies of admissions in respect of a place of amusement, a seminar, an activity or an event is required to be registered for the purposes of this Part and shall, before making any such supply, apply to the Minister for registration.
(2) The portion of subsection 240(2.‍1) of the Act before paragraph (a) is replaced by the following:
Application
(2.‍1) A person required under any of subsections (1) to (1.‍2) and (1.‍5) to be registered must apply to the Minister for registration before the day that is 30 days after
(3) Subsection 240(2.‍1) of the Act is amended by striking out “and” at the end of paragraph (a.‍1) and by adding the following after that paragraph:
(a.‍2) in the case of a person required under subsection (1.‍5) to be registered, the first day on which the person is required under section 211.‍22 to be registered under this Subdivision; and
(4) The portion of subsection 240(3) of the Act before paragraph (a) is replaced by the following:
Registration permitted
(3) An application for registration for the purposes of this Part may be made to the Minister by any person that is not required under subsection (1), (1.‍1), (1.‍2), (1.‍5), (2) or (4) to be registered, that is not required to be included in, or added to, the registration of a group under subsection (1.‍3) or (1.‍4) and that
(5) The portion of paragraph 240(3)‍(d) of the Act after subparagraph (ii) is replaced by the following:
if all or substantially all of the property of the other corporation is, for the purposes of section 186, property that was last manufactured, produced, acquired or imported by the other corporation for consumption, use or supply exclusively in the course of its commercial activities;
(6) Paragraph 240(3)‍(d) of the Act, as amended by subsection (5), is replaced by the following:
(d) is resident in Canada and is
(i) a particular corporation, partnership or trust that owns units (as defined in subsection 186(0.‍1)) or holds indebtedness of a corporation that is, for the purposes of section 186, an operating corporation of the particular corporation, partnership or trust, or
(ii) a particular corporation that is acquiring, or proposes to acquire, all or substantially all of the issued and outstanding shares of the capital stock of another corporation, having full voting rights under all circumstances, if all or substantially all of the property of the other corporation is, for the purposes of section 186, property that was last manufactured, produced, acquired or imported by the other corporation for consumption, use or supply exclusively in the course of its commercial activities,
(7) Subsections (1) to (4) come into force, or are deemed to have come into force, on July 1, 2021.
(8) Subsection (5) applies in respect of any application for registration for the purposes of Part IX of the Act made on or before May 17, 2019.
(9) Subsection (6) applies in respect of any application for registration for the purposes of Part IX of the Act made after May 17, 2019.
109 (1) Subsection 262(3) of the Act is replaced by the following:
Group of individuals
(3) If a supply of a residential complex or a share of the capital stock of a cooperative housing corporation is made to two or more individuals or if two or more individuals construct or substantially renovate, or engage another person to construct or substantially renovate, a residential complex, the following rules apply in respect of those individuals:
(a) subject to paragraphs (b) and (c), the references in sections 254 to 256 to a particular individual shall be read as references to all of those individuals as a group;
(b) the references in paragraphs 254(2)‍(b), 254.‍1(2)‍(b) and 255(2)‍(c) and 256(2)‍(a) and (2.‍2)‍(b) to the primary place of residence of the particular individual or a relation of the particular individual are to be read as references to the primary place of residence of any of those individuals or a relation of any of those individuals;
(c) the references in clause 254(2)‍(g)‍(i)‍(A), subparagraphs 254.‍1(2)‍(g)‍(i), 255(2)‍(f)‍(i) and 256(2)‍(d)‍(i) and paragraph 256(2.‍2)‍(c) to the particular individual or a relation of the particular individual are to be read as references to any of those individuals or a relation of any of those individuals; and
(d) only one of those individuals may apply for the rebate under section 254, 254.‍1, 255 or 256, as the case may be, in respect of the complex or share.
(2) Subsection (1) applies in respect of
(a) any rebate under subsection 254(2), 254.‍1(2) or 255(2) of the Act in respect of which the agreement referred to in paragraph 254(2)‍(b), 254.‍1(2)‍(a) or 255(2)‍(c) of the Act, as the case may be, is entered into after April 19, 2021; and
(b) any rebate under subsection 256(2) of the Act
(i) in respect of a residential complex (other than a mobile home or floating home) if the construction or substantial renovation of the residential complex is substantially completed after April 19, 2021, or
(ii) in respect of a mobile home or floating home acquired or imported after April 19, 2021.
110 The Act is amended by adding the following after section 285.‍01:
Penalty
285.‍02 In addition to any other penalty under this Part, the recipient of a supply of property or a service that evades or attempts to evade the payment or collection of tax payable by the recipient under Division II in respect of the supply by providing false information to a particular person that is registered or required to be registered under Subdivision E of Division II or, if the recipient is a consumer of the property or service, by providing to the particular person evidence that the recipient is registered under Subdivision D of Division V is liable to pay a penalty equal to the greater of $250 and 50% of the amount of tax that has been evaded or attempted to be evaded.
111 (1) Subsection 286(1) of the Act is replaced by the following:
Keeping books and records
286 (1) Every person that carries on a business or is engaged in a commercial activity in Canada, every person that is required under this Part to file a return and every person that makes an application for a rebate or refund shall keep all records that are necessary to enable the determination of the person’s liabilities and obligations under this Part or the amount of any rebate or refund to which the person is entitled.
Minister may specify information
(1.‍1) The Minister may specify the form a record is to take and any information that the record shall contain.
Language and location of record
(1.‍2) Unless otherwise authorized by the Minister, a record shall be kept in Canada in English or in French.
(2) Subsection (1) comes into force, or is deemed to have come into force, on July 1, 2021.
112 (1) The definition business number in subsection 295(1) of the Act is amended by striking out “or” at the end of paragraph (a) and by adding the following after that paragraph:
(a.‍1) a person registered under Subdivision E of Division II; or
(2) Paragraph 295(6.‍1)‍(a) of the Act is replaced by the following:
(a) the identified person is registered under Subdivision E of Division II or Subdivision D of Division V; and
(3) Subsections (1) and (2) come into force, or are deemed to have come into force, on July 1, 2021.
113 Paragraph 298(1)‍(e) of the Act is replaced by the following:
(e) in the case of any penalty payable by the person, other than a penalty under section 280.‍1, 285, 285.‍01, 285.‍02 or 285.‍1, more than four years after the person became liable to pay the penalty;
114 (1) Part II.‍1 of Schedule VI to the Act is amended by adding the following after section 1:
2 A supply of a face mask or respirator that is designed for human use and is authorized for medical use in Canada.
3 A supply of a face mask or respirator that meets N95, KN95 or equivalent certification requirements, is designed for human use and does not have an exhalation valve or vent.
4 A supply of
(a) a face mask or respirator that
(i) is designed for human use,
(ii) is made of multiple layers of dense material, but may have a portion in front of the lips made of transparent and impermeable material that permits lip reading provided that there is a tight seal between the transparent material and the rest of the face mask or respirator,
(iii) is large enough to completely cover the nose, mouth and chin without gaping,
(iv) has ear loops, ties or straps for securing the face mask or respirator to the head,
(v) is for use in preventing the transmission of infectious agents such as respiratory viruses, and
(vi) does not have an exhalation valve or vent; or
(b) a prescribed mask or respirator.
5 A supply of
(a) a face shield that is designed for human use, has a transparent and impermeable window or visor, covers the entire face and has a head strap or cap for holding it in place, but not including a supply of a face shield specifically designed or marketed for a use other than preventing the transmission of infectious agents such as respiratory viruses; or
(b) a prescribed shield.
(2) Subsection (1) applies to supplies made after December 6, 2020.
115 (1) The portion of the definition freight transportation service in subsection 1(1) of Part VII of Schedule VI to the English version of the Act before paragraph (a) is replaced by the following:
freight transportation service means a particular service of transporting tangible personal property including
(2) The definition freight transportation service in subsection 1(1) of Part VII of Schedule VI to the Act is amended by striking out “and” at the end of paragraph (a) and by adding the following after that paragraph:
(a.‍1) a service of driving an automotive vehicle designed or adapted to be used on highways and streets for the purpose of delivering the vehicle to a destination, and
(3) The portion of the definition freight transportation service in subsection 1(1) of Part VII of Schedule VI to the English version of the Act after paragraph (b) is replaced by the following:
but not including a service provided by the supplier of a passenger transportation service of transporting an individual’s baggage in connection with the passenger transportation service;
(4) Subsections (1) to (3) are deemed to have come into force on May 18, 2019 but also apply in respect of any supply made before that day if the supplier did not, before that day, charge, collect or remit any amount as or on account of tax under Part IX of the Act in respect of the supply.
SOR/2010-151
New Harmonized Value-added Tax System Regulations, No. 2
116 (1) Section 40 of the New Harmonized Value-added Tax System Regulations, No. 2 is replaced by the following:
Group of individuals
40 If a supply of a residential complex or a share of the capital stock of a cooperative housing corporation is made to two or more individuals or if two or more individuals construct or substantially renovate, or engage another person to construct or substantially renovate, a residential complex, the following rules apply in respect of those individuals:
(a) subject to paragraphs (b) and (c), the references in sections 41, 43, 45 and 46 and the references in section 256.‍21 of the Act to an individual are to be read as references to all of those individuals as a group;
(b) the references in subsection 41(2) and paragraphs 45(2)‍(a), 46(2)‍(a) and 46(5)‍(c) to the primary place of residence of an individual or a relation of the individual are to be read as references to the primary place of residence of any of those individuals or a relation of any of those individuals;
(c) the reference in paragraph 46(5)‍(d) to the particular individual or a relation of the particular individual is to be read as a reference to any of those individuals or a relation of any of those individuals; and
(d) only one of those individuals may apply for a rebate under subsection 256.‍21(1) of the Act in respect of the complex or share, the amount of which is determined under section 41, 43, 45 or 46.
(2) Subsection (1) applies in respect of
(a) any rebate under subsection 256.‍21(1) of the Excise Tax Act, the amount of which is determined under subsection 41(2), 43(1) or 45(2) of the Regulations, in respect of which the agreement referred to in paragraph 254(2)‍(b), 254.‍1(2)‍(a) or 255(2)‍(c) of that Act, as the case may be, is entered into after April 19, 2021; and
(b) any rebate under subsection 256.‍21(1) of the Excise Tax Act, the amount of which is determined under subsection 46(2) of the Regulations
(i) in respect of a residential complex (other than a mobile home or floating home) if the construction or substantial renovation of the residential complex is substantially completed after April 19, 2021, or
(ii) in respect of a mobile home or floating home acquired, imported or brought into a participating province after April 19, 2021.
PART 3 
Amendments to the Excise Act, 2001
2002, c. 22
Excise Act, 2001
117 (1) The definition adjustment day in section 58.‍1 of the Excise Act, 2001 is amended by striking out “or” at the end of paragraph (a.‍1) and by adding the following after that paragraph:
(a.‍2) April 20, 2021; or
(2) Subsection (1) is deemed to have come into force on April 20, 2021.
118 (1) Section 58.‍2 of the Act is amended by adding the following after subsection (1.‍1):
Imposition of tax — 2021 increase
(1.‍2) Subject to section 58.‍3, every person shall pay to Her Majesty a tax on all taxed cigarettes of the person held at the beginning of April 20, 2021 at the rate of $0.‍02 per cigarette.
(2) Subsection (1) is deemed to have come into force on April 20, 2021.
119 (1) Subsection 58.‍5(1) of the Act is amended by striking out “or” at the end of paragraph (a.‍1) and by adding the following after that paragraph:
(a.‍2) in the case of the tax imposed under subsection 58.‍2(1.‍2), June 30, 2021; or
(2) Subsection (1) is deemed to have come into force on April 20, 2021.
120 (1) Subsection 58.‍6(1) of the Act is amended by striking out “or” at the end of paragraph (a.‍1) and by adding the following after that paragraph:
(a.‍2) in the case of the tax imposed under subsection 58.‍2(1.‍2), June 30, 2021; or
(2) Subsection (1) is deemed to have come into force on April 20, 2021.
121 (1) Paragraph 1(a) of Schedule 1 to the Act is replaced by the following:
(a) $0.‍72725; or
(2) Subsection (1) is deemed to have come into force on April 20, 2021.
122 (1) Paragraph 2(a) of Schedule 1 to the Act is replaced by the following:
(a) $0.‍14545; or
(2) Subsection (1) is deemed to have come into force on April 20, 2021.
123 (1) Paragraph 3(a) of Schedule 1 to the Act is replaced by the following:
(a) $9.‍09062; or
(2) Subsection (1) is deemed to have come into force on April 20, 2021.
124 (1) Paragraph 4(a) of Schedule 1 to the Act is replaced by the following:
(a) $31.‍65673; or
(2) Subsection (1) is deemed to have come into force on April 20, 2021.
125 (1) Subparagraph (a)‍(i) of Schedule 2 to the Act is replaced by the following:
(i) $0.‍11379, or
(2) Subsection (1) is deemed to have come into force on April 20, 2021.
PART 4 
Various Measures
DIVISION 1 
Stability and Efficiency of the Financial Sector
R.‍S.‍, c. C-3
Canada Deposit Insurance Corporation Act
126 (1) Section 39.‍15 of the Canada Deposit Insurance Corporation Act is amended by adding the following after subsection (1):
Stay of proceedings — before conversion
(1.‍1) If an order is made under paragraph 39.‍13(1)‍(d), no person may terminate or amend any agreement with the federal member institution that is in relation to any of that institution’s shares or liabilities that are prescribed by the regulations made under subsection 39.‍2(10), claim an accelerated payment or forfeiture of the term under such an agreement or demand payment of any amount under such an agreement, by reason only of a monetary default by that institution in the performance of obligations under the agreement when that default occurs after the order was made but before a conversion under subsection 39.‍2(2.‍3) in respect of that institution.
(2) Paragraph 39.‍15(2)‍(a) of the Act is replaced by the following:
(a) has the effect of providing for or permitting anything that, in substance, is contrary to paragraph (1)‍(e), subsection (1.‍1) or paragraph 39.‍13(3)‍(b); or
(3) Subsection 39.‍15(7.‍12) of the Act is replaced by the following:
Exception
(7.‍12) Subsection (7.‍1) does not apply in respect of an eligible financial contract between the federal member institution and
(a) Her Majesty in right of Canada;
(b) the government of a foreign country;
(c) a central bank; or
(d) a clearing house, unless the Corporation has given the undertaking referred to in subsection (3.‍3) in respect of the institution.
(4) Section 39.‍15 of the Act is amended by adding the following after subsection (7.‍3):
Application of this section
(7.‍4) A federal member institution that is part of a class prescribed by the by-laws must ensure in accordance with the by-laws that this section — or provisions that have substantially the same effect as this section — applies to any eligible financial contract to which the institution is a party and that is part of a class prescribed by the by-laws.
By-laws
(7.‍5) The Board may make by-laws respecting the manner in which a federal member institution referred to in subsection (7.‍4) is to ensure that this section — or provisions that have substantially the same effect as this section — applies to an eligible financial contract referred to in that subsection.
Different treatment
(7.‍6) The by-laws made under subsection (7.‍5) may distinguish among classes of federal member institutions and classes of eligible financial contracts.
(5) Paragraph (a) of the definition clearing house in subsection 39.‍15(9) of the Act is replaced by the following:
(a) a clearing house, as defined in section 2 of the Payment Clearing and Settlement Act, that provides clearing, settlement or payment message exchange services for a clearing and settlement system designated under section 4 of that Act; or
127 (1) Paragraph 39.‍22(1)‍(a) of the Act is replaced by the following:
(a) the day that is 12 months after the day on which the order is made under subsection 39.‍13(1); or
(2) Subsection 39.‍22(3) of the Act is replaced by the following:
Extension
(3) The Governor in Council may, by order made on the recommendation of the Minister, grant one or more extensions of the period set out in subsection (1) but the last extension must expire not later than the day that is 18 months after the day on which the order is made under subsection 39.‍13(1).
128 Subsection 39.‍23(2) of the Act is replaced by the following:
Persons entitled to compensation
(2) Only a prescribed person who is, as a result of the application of the regulations, in a worse financial position than they would have been had the federal member institution been liquidated under the Winding-up and Restructuring Act is entitled to be paid compensation.
129 Section 39.‍24 of the English version of the Act is replaced by the following:
Determination and decision conclusive
39.‍24 Except as otherwise provided in this Act, a determination or decision made by the Corporation under section 39.‍23 or by an assessor appointed under section 39.‍26 is for all purposes final and conclusive and shall not be questioned or reviewed in any court.
130 Section 39.‍26 of the Act is replaced by the following:
Appointment of assessor
39.‍26 (1) In the circumstances prescribed by the regulations, the Governor in Council shall, by order, appoint as assessor a judge who is in receipt of a salary under the Judges Act to review a determination made by the Corporation under subsection 39.‍23(1).
Review
(2) In reviewing the Corporation’s determination, the assessor shall decide whether the Corporation made its determination based on an erroneous finding of fact that it made in a perverse or capricious manner or without regard for the material before it or on an unreasonable estimate.
Confirmation of determination
(3) If the assessor decides that the Corporation did not make its determination based on such a finding of fact or on such an estimate, the assessor shall confirm the Corporation’s determination.
Determination of amount
(4) If the assessor decides that the Corporation made its determination based on such a finding of fact or on such an estimate, the assessor shall determine, in accordance with the regulations and the by-laws, the amount of compensation, if any, to be paid to the prescribed person and substitute the assessor’s determination for the Corporation’s determination.
131 Subsection 39.‍28(2) of the Act is replaced by the following:
By-laws
(2) The Corporation may make by-laws respecting compensation for the purposes of sections 39.‍23 and 39.‍26.
132 Section 6.‍1 of the schedule to the Act is repealed.
1996, c. 6, Sch.
Payment Clearing and Settlement Act
133 The definitions clearing and settlement system and clearing house in section 2 of the Payment Clearing and Settlement Act are replaced by the following:
clearing and settlement system means a system or arrangement for the clearing or settlement of payment obligations or for the exchange of payment messages for the purpose of clearing or settlement of payment obligations that meets the following conditions:
(a) there are at least three participants, at least one of which is a Canadian participant and at least one of which has its head office in a jurisdiction other than the jurisdiction where the head office of the clearing house is located;
(b) the clearing or settlement is wholly or partly in Canadian dollars; and
(c) except in the case in which the payment obligations arise from derivatives contracts, the settlement is ultimately effected through adjustments to the account or accounts of one or more of the participants at the Bank.
For greater certainty, it includes a system or arrangement for the clearing or settlement of securities transactions, derivatives contracts, foreign exchange transactions or other transactions if the system or arrangement also clears or settles payment obligations arising from those transactions or exchanges payment messages for the purpose of clearing or settlement of such obligations. (système de compensation et de règlement)
clearing house means a corporation, association, partnership, agency or other entity that provides clearing, settlement or payment message exchange services for a clearing and settlement system. It includes a securities and derivatives clearing house, as defined in subsection 13.‍1(3), but does not include a stock exchange or the Bank.‍ (chambre de compensation)
134 Section 11.‍28 of the Act is replaced by the following:
Appointment of assessor
11.‍28 (1) In the circumstances prescribed by the regulations, the Governor in Council shall, by order, appoint as assessor a judge of a superior court to review a determination made by the Bank under subsection 11.‍26(1).
Review
(2) In reviewing the Bank’s determination, the assessor shall decide whether the Bank made its determination based on an erroneous finding of fact that it made in a perverse or capricious manner or without regard for the material before it or on an unreasonable estimate.
Confirmation of determination
(3) If the assessor decides that the Bank did not make its determination based on such a finding of fact or on such an estimate, the assessor shall confirm the Bank’s determination.
Determination of amount
(4) If the assessor decides that the Bank made its determination based on such a finding of fact or on such an estimate, the assessor shall determine, in accordance with the regulations, the amount of compensation, if any, to be paid to the prescribed person or entity and substitute the assessor’s determination for the Bank’s determination.
135 Section 11.‍3 of the Act is replaced by the following:
Determination and decision final
11.‍3 A determination or decision made by an assessor appointed under section 11.‍28 or, subject to that section, by the Bank under section 11.‍26 is for all purposes final.
136 (1) Subsection 14(1) of the Act is replaced by the following:
Information requests — systems or arrangements
14 (1) If the Governor of the Bank has reasonable grounds to believe that a system or arrangement exists for the clearing or settlement of payment obligations or for the exchange of payment messages for the purpose of clearing or settlement of payment obligations but requires further information in order to determine whether the system or arrangement is a clearing and settlement system, the Governor may, with the agreement of the Minister, request a person who is a party to the system or arrangement to provide the Bank with such information and documents regarding the system or arrangement as the Governor may require to make the determination.
(2) The portion of subsection 14(3) of the Act before paragraph (a) is replaced by the following:
Risk information
(3) Every clearing house shall provide the Bank with any information and documents that the Governor of the Bank may require to enable them to determine whether the clearing and settlement system poses a systemic risk or payments system risk, including
137 Subsection 18(3) of the Act is replaced by the following:
Disclosure permitted
(3) Nothing in subsection (1) prevents the Bank from disclosing any information regarding a clearing and settlement system that the Bank has designated under subsection 4(1) to any government authority or regulatory body charged with the regulation of systems or arrangements for the clearing or settlement of payment obligations or for the exchange of payment messages for the purpose of clearing or settlement of payment obligations, for purposes related to that regulation, if the Bank is satisfied that the information will be treated as confidential by the authority or body to which it is disclosed.
2018, c. 12
Budget Implementation Act, 2018, No. 1
138 (1) Section 212 of the Budget Implementation Act, 2018, No. 1 is amended by adding, after the subsection 6(5) that it enacts, the following:
Error or omission
(6) An error or omission that results in a failure to meet a requirement of this schedule does not prevent a deposit from being considered a separate deposit under subsection (1), (2) or (3) if
(a) the trustee is aware of the error or omission and has made their best efforts to correct it; or
(b) the trustee is not aware of the error or omission but has exercised due diligence to be in compliance with the requirements of this schedule.
(2) Section 212 of the Act is amended by adding, after the section 6 that it enacts, the following:
Deposit considered separate
6.‍1 (1) A deposit that is not considered to be a separate deposit under section 6 is considered to be a separate deposit under that section if the trustee of the deposit meets the requirements of this schedule on the determination date or within 90 days after the determination date.
Definition of determination date
(2) In subsection (1), determination date has the same meaning as in subsection 1(1) of the Canada Deposit Insurance Corporation Co-owned and Trust Deposit Disclosure By-law.
Coming into Force
Order in council
139 (1) Sections 129 to 131 come into force on a day to be fixed by order of the Governor in Council.
2018, c. 12 — second anniversary
(2) Section 132 comes into force on the second anniversary of the day on which section 212 of the Budget Implementation Act, 2018, No. 1 comes into force.
DIVISION 2 
Unclaimed Amounts
R.‍S.‍, c. B-2
Bank of Canada Act
140 Subsection 22(1.‍4) of the Bank of Canada Act is replaced by the following:
Publication
(1.‍31) The Bank may publish on its website information about a debt, instrument, claim or returned payment referred to in subsections (1) to (1.‍21), respectively, in order to facilitate research into them, but the information published must not include any date of birth or Social Insurance Number.
Application
(1.‍4) Subsections (1) to (1.‍31) also apply in respect of amounts paid to the Bank before the coming into force of this subsection.
R.‍S.‍, c. 32 (2nd Supp.‍)
Pension Benefits Standards Act, 1985
141 (1) Subsections 10.‍3(1) to (3) of the Pension Benefits Standards Act, 1985 are replaced by the following:
Designated entity
10.‍3 (1) The Minister may, with the approval of the Governor in Council, designate an entity, as defined in section 2 of the Bank Act, for the purposes, among others, of receiving and holding the assets of a pension plan relating to the pension benefit credit of any person who cannot be located, and of disbursing those assets in a lump sum.
Transfer
(2) In the case of the termination of the whole of a pension plan or in the prescribed circumstances, the administrator of the pension plan or — with the approval of the Superintendent — the trustee or custodian of the pension fund may, subject to subsection (3) and the regulations, transfer to the designated entity the assets of the plan relating to the pension benefit credit of any person who cannot be located.
Conditions
(3) The transfer of assets to the designated entity may be made only if
(a) in the case of the termination of the whole of a pension plan, the prior consent of the Superintendent has been obtained; or
(b) in the case of a pension plan other than one that is terminated in whole, the conditions specified by the Superintendent have been met or, if they have not been met or none have been specified, the prior consent of the Superintendent has been obtained.
Obligation satisfied
(3.‍1) A transfer of the assets of a pension plan relating to the pension benefit credit of a person who cannot be located satisfies the obligation under the plan to provide
(a) a pension benefit in respect of that person;
(b) any other benefit or option described in paragraph 17(b) that relates to that pension benefit; and
(c) the portion of any surplus that is allocated to that person.
Claims
(3.‍2) A claim is not to be made for a benefit, an option or a portion of any surplus referred to in subsection (3.‍1) from the designated entity. However, prescribed persons may make a claim for payment of a lump sum from the designated entity in respect of the assets that were transferred to it, but the designated entity is not liable to pay more than the amount of the total value of those assets.
Information
(3.‍3) On the transfer of assets under subsection (2), the administrator of the pension plan or the trustee or custodian of the pension fund, as the case may be, must provide the designated entity with the prescribed information, to the extent that they have the information, relating to the pension benefit credit and the person who cannot be located.
Publication of information
(3.‍4) The designated entity may publish prescribed information relating to the assets that are transferred to it under subsection (2).
(2) Subsection 10.‍3(5) of the Act is replaced by the following:
Limitation period or prescription
(5) On the transfer of assets to Her Majesty in right of Canada, a claim to those assets may no longer be made.
Surplus
(6) For the purposes of this section, the assets of a pension plan relating to the pension benefit credit of a person who cannot be located include the portion of any surplus that is allocated to that person.
142 Paragraphs 39(1)‍(c.‍1) to (c.‍4) of the Act are replaced by the following:
(c.‍1) respecting the transfer of assets under subsection 10.‍3(2), including the determination of the amount of assets to be transferred and the conditions under which those assets may be transferred;
(c.‍2) respecting the entity designated under subsection 10.‍3(1);
(c.‍3) respecting the holding by the entity designated under subsection 10.‍3(1) of assets relating to the pension benefit credit of any person who cannot be located, the making of claims for those assets and their disbursement;
(c.‍4) respecting the transfer of assets to Her Majesty in right of Canada under subsection 10.‍3(4);
1991, c. 45
Trust and Loan Companies Act
143 (1) The portion of paragraph 424(1)‍(a) of the Trust and Loan Companies Act before subparagraph (i) is replaced by the following:
(a) a deposit has been made in Canada that is payable in Canada and in respect of which no transaction has taken place and no statement of account has been requested or acknowledged by the creditor during a period of 10 years
(2) Paragraph 424(1)‍(b) of the Act is replaced by the following:
(b) a cheque, draft or bill of exchange (including any of those instruments drawn by one branch of a company on another of its branches but not including an instrument issued in payment of a dividend on the capital of a company) payable in Canada has been issued, certified or accepted by a company in Canada and no payment has been made in respect of it for a period of 10 years after the date of issue, certification, acceptance or maturity, whichever is later,
(3) Section 424 of the Act is amended by adding the following after subsection (1):
Exchange rate
(1.‍1) If a deposit referred to in paragraph (1)‍(a) or an instrument referred to in paragraph (1)‍(b) is not in Canadian currency, then, before paying to the Bank of Canada the amount required by subsection (1), the company shall convert the amount of the deposit or instrument to Canadian currency at a rate of exchange determined in accordance with rules prescribed under subsection 26.‍03(2) of the Canada Deposit Insurance Corporation Act.
(4) Subparagraph 424(2)‍(a)‍(i) of the Act is replaced by the following:
(i) the name of the depositor in whose name the deposit is held, as well as their date of birth and Social Insurance Number, if they are a natural person,
(5) Subparagraph 424(2)‍(b)‍(i) of the Act is replaced by the following:
(i) the name of the person to whom or at whose request the instrument was issued, certified or accepted, as well as their date of birth and Social Insurance Number, if they are a natural person,
(6) Subsection 424(2.‍1) of the Act is replaced by the following:
Copies of signature cards and signing authorities
(2.‍1) A company shall provide the Bank of Canada with copies of signature cards and signing authorities relating to any deposit or instrument in respect of which it has made a payment under subsection (1). If it does not have any with respect to a deposit or instrument to which the request relates, it shall so inform the Bank of Canada.
144 Subsection 425(1) of the Act is replaced by the following:
Notice of unpaid amount
425 (1) A company shall send, by mail and by electronic means, to each person to whom a deposit referred to in paragraph 424(1)‍(a) is payable, or to each person to whom or at whose request an instrument referred to in paragraph 424(1)‍(b) was issued, certified or accepted, at their recorded address and electronic address in so far as they are known to the company, a notice stating that the deposit or instrument remains unpaid.
1991, c. 46
Bank Act
145 (1) The portion of paragraph 438(1)‍(a) of the Bank Act before subparagraph (i) is replaced by the following:
(a) a deposit has been made in Canada that is payable in Canada and in respect of which no transaction has taken place and no statement of account has been requested or acknowledged by the creditor during a period of 10 years
(2) Paragraph 438(1)‍(b) of the Act is replaced by the following:
(b) a cheque, draft or bill of exchange (including any of those instruments drawn by one branch of a bank on another of its branches but not including an instrument issued in payment of a dividend on the capital of a bank) payable in Canada has been issued, certified or accepted by a bank in Canada and no payment has been made in respect of it for a period of 10 years after the date of issue, certification, acceptance or maturity, whichever is later,
(3) Section 438 of the Act is amended by adding the following after subsection (1):
Exchange rate
(1.‍1) If a deposit referred to in paragraph (1)‍(a) or an instrument referred to in paragraph (1)‍(b) is not in Canadian currency, then, before paying to the Bank of Canada the amount required by subsection (1), the bank shall convert the amount of the deposit or instrument to Canadian currency at a rate of exchange determined in accordance with rules prescribed under subsection 26.‍03(2) of the Canada Deposit Insurance Corporation Act.
(4) Subparagraph 438(2)‍(a)‍(i) of the Act is replaced by the following:
(i) the name of the depositor in whose name the deposit is held, as well as their date of birth and Social Insurance Number, if they are a natural person,
(5) Subparagraph 438(2)‍(b)‍(i) of the Act is replaced by the following:
(i) the name of the person to whom or at whose request the instrument was issued, certified or accepted, as well as their date of birth and Social Insurance Number, if they are a natural person,
(6) Subsection 438(2.‍1) of the Act is replaced by the following:
Copies of signature cards and signing authorities
(2.‍1) A bank shall provide the Bank of Canada with copies of signature cards and signing authorities relating to any deposit or instrument in respect of which it has made a payment under subsection (1). If it does not have any with respect to a deposit or instrument to which the request relates, it shall so inform the Bank of Canada.
146 Subsection 439(1) of the Act is replaced by the following:
Notice of unpaid amount
439 (1) A bank shall send, by mail and by electronic means, to each person to whom a deposit referred to in paragraph 438(1)‍(a) is payable, or to each person to whom or at whose request an instrument referred to in paragraph 438(1)‍(b) was issued, certified or accepted, at their recorded address and electronic address in so far as they are known to the bank, a notice stating that the deposit or instrument remains unpaid.
147 (1) The portion of paragraph 557(1)‍(a) of the Act before subparagraph (i) is replaced by the following:
(a) a deposit has been made in Canada that is payable in Canada and in respect of which no transaction has taken place and no statement of account has been requested or acknowledged by the creditor during a period of 10 years
(2) Paragraph 557(1)‍(b) of the Act is replaced by the following:
(b) a cheque, draft or bill of exchange (including any of those instruments drawn by one branch of an authorized foreign bank on another of its branches but not including an instrument issued in payment of a dividend on the capital of an authorized foreign bank) payable in Canada has been issued, certified or accepted by an authorized foreign bank in Canada and no payment has been made in respect of it for a period of 10 years after the date of issue, certification, acceptance or maturity, whichever is later,
(3) Section 557 of the Act is amended by adding the following after subsection (1):
Exchange rate
(1.‍1) If a deposit referred to in paragraph (1)‍(a) or an instrument referred to in paragraph (1)‍(b) is not in Canadian currency, then, before paying to the Bank of Canada the amount required by subsection (1), the authorized foreign bank shall convert the amount of the deposit or instrument to Canadian currency at a rate of exchange determined in accordance with rules prescribed under subsection 26.‍03(2) of the Canada Deposit Insurance Corporation Act.
(4) Subparagraph 557(2)‍(a)‍(i) of the Act is replaced by the following:
(i) the name of the depositor in whose name the deposit is held, as well as their date of birth and Social Insurance Number, if they are a natural person,
(5) Subparagraph 557(2)‍(b)‍(i) of the Act is replaced by the following:
(i) the name of the person to whom or at whose request the instrument was issued, certified or accepted, as well as their date of birth and Social Insurance Number, if they are a natural person,
(6) Subsection 557(2.‍1) of the Act is replaced by the following:
Copies of signature cards and signing authorities
(2.‍1) An authorized foreign bank shall provide the Bank of Canada with copies of signature cards and signing authorities relating to any deposit or instrument in respect of which it has made a payment under subsection (1). If it does not have any with respect to a deposit or instrument to which the request relates, it shall so inform the Bank of Canada.
148 Subsection 558(1) of the Act is replaced by the following:
Notice of unpaid amount
558 (1) An authorized foreign bank shall send, by mail and by electronic means, to each person to whom a deposit referred to in paragraph 557(1)‍(a) is payable, or to each person to whom or at whose request an instrument referred to in paragraph 557(1)‍(b) was issued, certified or accepted, at their recorded address and electronic address in so far as they are known to the authorized foreign bank, a notice stating that the deposit or instrument remains unpaid.
Coordinating Amendments
2007, c. 6
149 (1) In this section, other Act means An Act to amend the law governing financial institutions and to provide for related and consequential matters.
(2) If section 362 of the other Act comes into force before section 144 of this Act, then that section 144 is repealed.
(3) If section 362 of the other Act comes into force on the same day as section 144 of this Act, then that section 144 is deemed to have come into force before that section 362.
(4) If subsection 30(1) of the other Act comes into force before section 146 of this Act, then that section 146 is repealed.
(5) If subsection 30(1) of the other Act comes into force on the same day as section 146 of this Act, then that section 146 is deemed to have come into force before that subsection 30(1).
(6) If subsection 88(1) of the other Act comes into force before section 148 of this Act, then that section 148 is repealed.
(7) If subsection 88(1) of the other Act comes into force on the same day as section 148 of this Act, then that section 148 is deemed to have come into force before that subsection 88(1).
Coming into Force
Order in council
150 (1) Sections 140 and 143 to 148 come into force on a day to be fixed by order of the Governor in Council.
Order in council
(2) Sections 141 and 142 come into force on a day to be fixed by order of the Governor in Council.
DIVISION 3 
2018, c. 27
Budget Implementation Act, 2018, No. 2
Amendments to the Act
151 (1) Section 329 of the Budget Implementation Act, 2018, No. 2 is amended by replacing the portion of subsection 627.‍1(1) before paragraph (a) that it enacts with the following:
Cancellation periods — products or services
627.‍1 (1) Subject to subsection (1.‍1), if an institution enters into an agreement with a person in respect of a product or service in Canada — other than a prescribed product or service or a product or service referred to in section 627.‍11 — to be provided on an ongoing basis, the institution shall allow the person to cancel the agreement,
(2) Section 329 of the Act is amended by adding, after the subsection 627.‍1(1) that it enacts, the following:
Exception
(1.‍1) Subsection (1) does not apply to a body corporate, trust or partnership if it is a business that is not an eligible enterprise.
Coordinating Amendments
2018, c. 27
152 (1) In this section, other Act means the Budget Implementation Act, 2018, No. 2.
(2) If section 329 of the other Act comes into force before section 151 of this Act, then
(a) that section 151 is deemed never to have come into force and is repealed;
(b) the portion of subsection 627.‍1(1) of the Bank Act before paragraph (a) is replaced by the following:
Cancellation periods — products or services
627.‍1 (1) Subject to subsection (1.‍1), if an institution enters into an agreement with a person in respect of a product or service in Canada — other than a prescribed product or service or a product or service referred to in section 627.‍11 — to be provided on an ongoing basis, the institution shall allow the person to cancel the agreement,
(c) section 627.‍1 of the Bank Act is amended by adding the following after subsection (1):
Exception
(1.‍1) Subsection (1) does not apply to a body corporate, trust or partnership if it is a business that is not an eligible enterprise.
(3) If section 151 of this Act comes into force on the same day as section 329 of the other Act, then that section 151 is deemed to have come into force before that section 329.
DIVISION 4 
Sunset Provisions
1991, c. 45
Trust and Loan Companies Act
153 (1) Subsection 20(1) of the Trust and Loan Companies Act is replaced by the following:
Sunset provision
20 (1) Subject to subsections (2) and (4), companies shall not carry on business after June 30, 2025.
(2) Subsection 20(4) of the Act is replaced by the following:
Exception — dissolution
(4) If Parliament dissolves on the day set out in subsection (1) or on any day within the six-month period before that day or on any day within an extension ordered under subsection (2), companies may continue to carry on business until the end of the 180th day after the first day of the first session of the next Parliament.
1991, c. 46
Bank Act
154 (1) Subsection 21(1) of the Bank Act is replaced by the following:
Sunset provision
21 (1) Subject to subsections (2) and (4), banks shall not carry on business, and authorized foreign banks shall not carry on business in Canada, after June 30, 2025.
(2) Subsection 21(4) of the Act is replaced by the following:
Exception — dissolution
(4) If Parliament dissolves on the day set out in subsection (1) or on any day within the six-month period before that day or on any day within an extension ordered under subsection (2), banks may continue to carry on business, and authorized foreign banks may continue to carry on business in Canada, until the end of the 180th day after the first day of the first session of the next Parliament.
155 (1) Subsection 670(1) of the Act is replaced by the following:
Sunset provision
670 (1) Subject to subsections (2) and (4), bank holding companies shall not carry on business after June 30, 2025.
(2) Subsection 670(4) of the Act is replaced by the following:
Exception — dissolution
(4) If Parliament dissolves on the day set out in subsection (1) or on any day within the six-month period before that day or on any day within an extension ordered under subsection (2), bank holding companies may continue to carry on business until the end of the 180th day after the first day of the first session of the next Parliament.
1991, c. 47
Insurance Companies Act
156 (1) Subsection 21(1) of the Insurance Companies Act is replaced by the following:
Sunset provision
21 (1) Subject to subsections (2) and (4), companies and societies shall not carry on business, and foreign companies shall not carry on business in Canada, after June 30, 2025.
(2) Subsection 21(4) of the Act is replaced by the following:
Exception — dissolution
(4) If Parliament dissolves on the day set out in subsection (1) or on any day within the six-month period before that day or on any day within an extension ordered under subsection (2), companies and societies may continue to carry on business, and foreign companies may continue to carry on business in Canada, until the end of the 180th day after the first day of the first session of the next Parliament.
157 (1) Subsection 707(1) of the Act is replaced by the following:
Sunset provision
707 (1) Subject to subsections (2) and (4), insurance holding companies shall not carry on business after June 30, 2025.
(2) Subsection 707(4) of the Act is replaced by the following:
Exception — dissolution
(4) If Parliament dissolves on the day set out in subsection (1) or on any day within the six-month period before that day or on any day within an extension ordered under subsection (2), insurance holding companies may continue to carry on business until the end of the 180th day after the first day of the first session of the next Parliament.
DIVISION 5 
2009, c. 2, s. 297
Canadian Securities Regulation Regime Transition Office Act
158 [Deleted]
DIVISION 6 
2017, c. 21
Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law)
159 Subsection 7(1) of the Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law) is replaced by the following:
Duty to disclose — supervising and regulating agencies
7 (1) If it determines that it is in possession or control of any property referred to in section 6, an entity referred to in that section must disclose without delay, and once every three months after that, to the principal agency or body that supervises or regulates it under federal or provincial law the fact that it is in possession or control of the property, the number of persons or dealings involved and the total value of the property.
DIVISION 7 
2000, c. 17; 2001, c. 41, s. 48
Proceeds of Crime (Money Laundering) and Terrorist Financing Act
Amendments to the Act
160 (1) Paragraph 5(h) of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act is amended by adding the following after subparagraph (ii):
(ii.‍1) transporting currency or money orders, traveller’s cheques or other similar negotiable instruments except for cheques payable to a named person or entity,
(2) Paragraph 5(h.‍1) of the Act is amended by adding the following after subparagraph (ii):
(ii.‍1) transporting currency or money orders, traveller’s cheques or other similar negotiable instruments except for cheques payable to a named person or entity,
161 (1) The definition head of an international organization in subsection 9.‍3(3) of the Act is replaced by the following:
head of an international organization means a person who, at a given time, holds — or has held within a prescribed period before that time — the office or position of head of 
(a) an international organization that is established by the governments of states;
(b) an institution of an organization referred to in paragraph (a); or
(c) an international sports organization. (dirigeant d’une organisation internationale)
(2) The portion of the definition politically exposed domestic person in subsection 9.‍3(3) of the Act before paragraph (a) is replaced by the following:
politically exposed domestic person means a person who, at a given time, holds — or has held within a prescribed period before that time — one of the offices or positions referred to in any of paragraphs (a) and (c) to (j) in or on behalf of the federal government or a provincial government or any of the offices or positions referred to in paragraphs (b) and (k):
(3) Paragraph (b) of the definition politically exposed domestic person in subsection 9.‍3(3) of the Act is replaced by the following:
(b) member of the Senate or House of Commons or member of the legislature of a province;
(4) Paragraph (k) of the definition politically exposed domestic person in subsection 9.‍3(3) of the Act is replaced by the following:
(k) mayor, reeve or other similar chief officer of a municipal or local government.‍ (national politiquement vulnérable)
162 Subsection 9.‍6(3) of the French version of the Act is replaced by the following:
Mesures spéciales
(3) La personne ou entité prend les mesures spéciales prévues par règlement dans les circonstances réglementaires ou si, à tout moment, elle estime que les risques visés au paragraphe (2) sont élevés.
163 (1) Subsection 11.‍11(1) of the Act is amended by adding the following after paragraph (b.‍1):
(b.‍2) a foreign national, as defined in section 2 of the Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law), who is the subject of an order or regulation made under paragraph 4(1)‍(a) of that Act or whose property is the subject of an order made under paragraph 4(1)‍(b) of that Act;
(b.‍3) a politically exposed foreign person, as defined in subsection 2(1) of the Freezing Assets of Corrupt Foreign Officials Act, whose property is the subject of an order or regulation under paragraph 4(1)‍(a) or an order under paragraph 4(1)‍(b) of that Act;
(2) Subparagraph 11.‍11(1)‍(c)‍(iv) of the Act is replaced by the following:
(iv) an offence under any of sections 83.‍18 to 83.‍231, 99 and 100, subsection 163.‍1(3) and sections 279.‍01 to 279.‍02, 286.‍2, 346, 354 and 467.‍11 to 467.‍13 of the Criminal Code, or an offence under the laws of a foreign state that is substantially similar to such an offence,
(iv.‍1) an offence under section 117 or 118 of the Immigration and Refugee Protection Act, an offence under section 131 of that Act in relation to an offence under section 117 or 118 of that Act, or an offence under the laws of a foreign state that is substantially similar to such an offence, or
(3) Paragraph 11.‍11(1)‍(d) of the Act is amended by striking out “or” at the end of subparagraph (iii) and by adding the following after subparagraph (iv):
(v) section 159 of the Customs Act, or
(vi) subsection 239(1) or (1.‍1) of the Income Tax Act;
164 Paragraph 11.‍42(2)‍(b) of the Act is replaced by the following:
(b) the exercise of customer due diligence, including ascertaining the source of funds or of virtual currency in any financial transaction, the purpose of any financial transaction or the beneficial ownership or control of any entity;
165 The Act is amended by adding the following after section 50:
Appropriation
Advance amounts out of C.‍R.‍F.
50.‍1 (1) Subject to subsection (2), the Minister may, in any fiscal year on terms and conditions — including the rate of interest, if any — that are determined by the Minister, advance amounts out of the Consolidated Revenue Fund to the Centre to permit it to defray its costs of operation.
Spending authority
(2) In carrying out its responsibilities, the Centre may spend assessments and other revenues received through the conduct of its operations in the fiscal year in which they are received or, unless an appropriation Act provides otherwise, in the next fiscal year. The amount of those assessments or other revenues shall be paid out of the Consolidated Revenue Fund.
Payment for activity
(3) If the Centre carries on any activity under paragraph 58(1)‍(b) or (c) on the Minister’s recommendation, the Minister may on terms and conditions approved by the Treasury Board, in any fiscal year, make a payment out of the Consolidated Revenue Fund to the Centre for the purposes of the activity.
166 The Act is amended by adding the following after section 51:
Assessments
Centre to ascertain expenses
51.‍1 (1) The Centre shall, before December 31 in each year, ascertain the total amount of prescribed expenses — excluding the expenses incurred for the disclosure of designated information under subsection 55(3), 55.‍1(1) or 56.‍1(1), (2) or (3) and for the analysis and assessment of reports and information made for the purposes of that disclosure — incurred during the immediately preceding fiscal year for or in connection with the administration of this Act.
Amount conclusive
(2) The amount ascertained under subsection (1) is final and conclusive for the purposes of this section.
Assessment
(3) As soon as feasible after ascertaining the amount under subsection (1), the Centre shall assess a portion of the total amount of expenses against every prescribed person or entity referred to in section 5 to the prescribed extent and in the prescribed manner.
Interim assessment
(4) The Centre may, during each fiscal year, make an interim assessment against any person or entity referred to in section 5.
Assessment of particular expenses
51.‍2 (1) The Centre may assess against a person or entity referred to in section 5 a prescribed charge and applicable disbursements for any prescribed service provided to them by or on behalf of the Centre.
Interim assessment
(2) The Centre may, during each fiscal year, make an interim assessment against the person or entity towards the amount to be assessed against them under subsection (1).
Prescribed information
51.‍3 (1) For the purposes of making an assessment or interim assessment under section 51.‍1 or 51.‍2, the Centre may collect prescribed information that is
(a) publicly available;
(b) provided to the Centre under an agreement entered into under subsection 66(1); or
(c) provided to the Centre under subsection (2).
Request by Centre
(2) For the purposes of paragraph (1)‍(c), the Centre may request that a person or entity referred to in section 5 provide the Centre with the prescribed information. The person or entity shall comply with the Centre’s request in the prescribed time and manner.
Assessment binding
51.‍4 (1) Every assessment and interim assessment made under section 51.‍1 or 51.‍2 is final and conclusive and binding on the person or entity against which it is made.
Recovery
(2) Every assessment and interim assessment constitutes a debt due to Her Majesty in right of Canada, is immediately payable and may be recovered as a debt in any court of competent jurisdiction.
Interest
(3) Interest may be charged on the unpaid amount of an assessment or interim assessment at a rate equal to the rate prescribed under the Income Tax Act for amounts payable by the Minister of National Revenue as refunds of overpayments of tax under that Act in effect from time to time plus 2%.
167 Section 54 of the Act is amended by adding the following after subsection (1):
Information required for analysis and assessment
(1.‍1) For greater certainty, if the Centre receives a report from a person or entity referred to in section 5, the Centre may, for the purposes of paragraph (1)‍(c), request that the person or entity provide any information required in the report.
168 (1) The portion of subsection 55(1) of the Act before paragraph (a) is replaced by the following:
Disclosure by Centre prohibited
55 (1) Subject to subsections (3) and (6.‍1), sections 52, 53.‍1, 53.‍4, 53.‍5, 55.‍1, 56.‍1 and 56.‍2, subsection 58(1) and sections 58.‍1, 65 to 65.‍1 and 68.‍1 of this Act and to subsection 12(1) of the Privacy Act, the Centre shall not disclose the following:
(2) Paragraph 55(7)‍(a) of the French version of the Act is replaced by the following:
a) le nom de toute personne ou entité qui participe à l’opération financière effectuée ou tentée, à l’importation ou à l’exportation ou de toute personne ou entité agissant pour son compte, ainsi que le genre et la profession, le métier ou l’entreprise de ces personnes et l’entreprise de ces entités;
(3) Paragraphs 55(7)‍(b) to (d) of the Act are replaced by the following:
(b) the name and address of the place of business where the transaction or attempted transaction occurred or the address of the customs office where the importation or exportation occurred, and the date the transaction, attempted transaction, importation or exportation occurred;
(c) the amount and type of currency or monetary instruments involved or, in the case of a transaction or attempted transaction, if no currency or monetary instruments are involved, the value of the transaction or attempted transaction or the value of the funds that are the subject of the transaction or attempted transaction;
(d) in the case of a transaction or attempted transaction, the transaction number and the account number;
(d.‍1) in the case of a transaction or attempted transaction involving virtual currency, transaction identifiers, including sending and receiving addresses;
(d.‍2) in the case of a transaction or attempted transaction, the source of funds or of virtual currency and other related information including the name of the person or entity that is the source of funds or virtual currency, as well as the person or entity’s account number, policy number or identifying number associated with the funds or virtual currency;
(4) Paragraphs 55(7)‍(j) and (k) of the French version of the Act are replaced by the following:
j) le nom de toute personne ou entité visée à l’alinéa a) que le Centre soupçonne, pour des motifs raisonnables, de diriger, directement ou indirectement, l’opération financière effectuée ou tentée, l’importation ou l’exportation;
k) les motifs sur lesquels une personne ou entité s’est fondée pour faire une déclaration visée à l’article 7 concernant l’opération financière effectuée ou tentée et toute mesure qu’elle a prise sur la base des soupçons qui l’ont menée à faire la déclaration;
(5) Paragraph 55(7)‍(n) of the French version of the Act is replaced by the following:
n) les indices de toute infraction de recyclage des produits de la criminalité ou d’infraction de financement des activités terroristes entachant l’opération financière effectuée ou tentée, l’importation ou l’exportation;
(6) Paragraph 55(7)‍(p) of the French version of the Act is replaced by the following:
p) lorsqu’il s’agit d’un télévirement au sens du Règlement sur le recyclage des produits de la criminalité et le financement des activités terroristes, les renseignements relatifs à l’opération financière contenus dans une déclaration visée à l’article 9 s’ils sont des précisions relatives au paiement au client bénéficiaire, au sens donné à ce terme par la Society for Worldwide Interbank Financial Telecommunication;
(7) Paragraphs 55(7)‍(r) and (s) of the Act are replaced by the following:
(r) if an entity referred to in paragraph (a) is a trust, the name, address, electronic mail address and telephone number of every trustee and every known beneficiary and settlor of the trust;
(s) the name, address, electronic mail address and telephone number of each person who owns or controls, directly or indirectly, 25% or more of an entity referred to in paragraph (a), other than a trust, unless the trust is widely held or publicly traded; and
169 (1) Paragraph 55.‍1(1)‍(e) of the Act is replaced by the following:
(e) the Department of National Defence and the Canadian Forces, if the Centre also has reasonable grounds to suspect that the information is relevant to the conduct of the Department’s or the Canadian Forces’ investigative activities related to such a threat.
(2) Paragraph 55.‍1(3)‍(a) of the French version of the Act is replaced by the following:
a) le nom de toute personne ou entité qui participe à l’opération financière effectuée ou tentée, à l’importation ou à l’exportation ou de toute personne ou entité agissant pour son compte, ainsi que le genre et la profession, le métier ou l’entreprise de ces personnes et l’entreprise de ces entités;
(3) Paragraphs 55.‍1(3)‍(b) to (d) of the Act are replaced by the following:
(b) the name and address of the place of business where the transaction or attempted transaction occurred or the address of the customs office where the importation or exportation occurred, and the date the transaction, attempted transaction, importation or exportation occurred;
(c) the amount and type of currency or monetary instruments involved or, in the case of a transaction or attempted transaction, if no currency or monetary instruments are involved, the value of the transaction or attempted transaction or the value of the funds that are the subject of the transaction or attempted transaction;
(d) in the case of a transaction or attempted transaction, the transaction number and the account number;
(d.‍1) in the case of a transaction or attempted transaction involving virtual currency, transaction identifiers, including sending and receiving addresses;
(d.‍2) in the case of a transaction or attempted transaction, the source of funds or of virtual currency and other related information including the name of the person or entity that is the source of funds or virtual currency, as well as the person or entity’s account number, policy number or identifying number associated with the funds or virtual currency;
(4) Paragraphs 55.‍1(3)‍(j) and (k) of the French version of the Act are replaced by the following:
j) le nom de toute personne ou entité visée à l’alinéa a) que le Centre soupçonne, pour des motifs raisonnables, de diriger, directement ou indirectement, l’opération financière effectuée ou tentée, l’importation ou l’exportation;
k) les motifs sur lesquels une personne ou entité s’est fondée pour faire une déclaration visée à l’article 7 concernant l’opération financière effectuée ou tentée et toute mesure qu’elle a prise sur la base des soupçons qui l’ont menée à faire la déclaration;
(5) Paragraph 55.‍1(3)‍(n) of the French version of the Act is replaced by the following:
n) les indices de toute infraction de recyclage des produits de la criminalité, d’infraction de financement des activités terroristes ou de menaces envers la sécurité du Canada entachant l’opération financière effectuée ou tentée, l’importation ou l’exportation;
(6) Paragraph 55.‍1(3)‍(p) of the French version of the Act is replaced by the following:
p) lorsqu’il s’agit d’un télévirement au sens du Règlement sur le recyclage des produits de la criminalité et le financement des activités terroristes, les renseignements relatifs à l’opération financière contenus dans une déclaration visée à l’article 9 s’ils sont des précisions relatives au paiement au client bénéficiaire, au sens donné à ce terme par la Society for Worldwide Interbank Financial Telecommunication;
(7) Paragraphs 55.‍1(3)‍(r) and (s) of the Act are replaced by the following:
(r) if an entity referred to in paragraph (a) is a trust, the name, address, electronic mail address and telephone number of every trustee and every known beneficiary and settlor of the trust;
(s) the name, address, electronic mail address and telephone number of each person who owns or controls, directly or indirectly, 25% or more of an entity referred to in paragraph (a), other than a trust, unless the trust is widely held or publicly traded; and
170 (1) Paragraph 56.‍1(5)‍(a) of the French version of the Act is replaced by the following:
a) le nom de toute personne ou entité qui participe à l’opération financière effectuée ou tentée, à l’importation ou à l’exportation ou de toute personne ou entité agissant pour son compte, ainsi que le genre et la profession, le métier ou l’entreprise de ces personnes et l’entreprise de ces entités;
(2) Paragraphs 56.‍1(5)‍(b) to (d) of the Act are replaced by the following:
(b) the name and address of the place of business where the transaction or attempted transaction occurred or the address of the customs office where the importation or exportation occurred, and the date the transaction, attempted transaction, importation or exportation occurred;
(c) the amount and type of currency or monetary instruments involved or, in the case of a transaction or attempted transaction, if no currency or monetary instruments are involved, the value of the transaction or attempted transaction or the value of the funds that are the subject of the transaction or attempted transaction;
(d) in the case of a transaction or attempted transaction, the transaction number and the account number;
(d.‍1) in the case of a transaction or attempted transaction involving virtual currency, transaction identifiers, including sending and receiving addresses;
(d.‍2) in the case of a transaction or attempted transaction, the source of funds or of virtual currency and other related information including the name of the person or entity that is the source of funds or virtual currency, as well as the person or entity’s account number, policy number or identifying number associated with the funds or virtual currency;
(3) Paragraphs 56.‍1(5)‍(j) and (k) of the French version of the Act are replaced by the following:
j) le nom de toute personne ou entité visée à l’alinéa a) que le Centre soupçonne, pour des motifs raisonnables, de diriger, directement ou indirectement, l’opération financière effectuée ou tentée, l’importation ou l’exportation;
k) les motifs sur lesquels une personne ou entité s’est fondée pour faire une déclaration visée à l’article 7 concernant l’opération financière effectuée ou tentée et toute mesure qu’elle a prise sur la base des soupçons qui l’ont menée à faire la déclaration;
(4) Paragraph 56.‍1(5)‍(n) of the French version of the Act is replaced by the following:
n) les indices de toute infraction de recyclage des produits de la criminalité ou d’infraction de financement des activités terroristes entachant l’opération financière effectuée ou tentée, l’importation ou l’exportation;
(5) Paragraph 56.‍1(5)‍(p) of the French version of the Act is replaced by the following:
p) lorsqu’il s’agit d’un télévirement au sens du Règlement sur le recyclage des produits de la criminalité et le financement des activités terroristes, les renseignements relatifs à l’opération financière contenus dans une déclaration visée à l’article 9 s’ils sont des précisions relatives au paiement au client bénéficiaire, au sens donné à ce terme par la Society for Worldwide Interbank Financial Telecommunication;
(6) Paragraphs 56.‍1(5)‍(q) and (r) of the Act are replaced by the following:
(q) if an entity referred to in paragraph (a) is a trust, the name, address, electronic mail address and telephone number of every trustee and every known beneficiary and settlor of the trust;
(r) the name, address, electronic mail address and telephone number of each person who owns or controls, directly or indirectly, 25% or more of an entity referred to in paragraph (a), other than a trust, unless the trust is widely held or publicly traded; and
171 Subsection 73(1) of the Act is amended by striking out “and” at the end of paragraph (k) and by adding the following after that paragraph:
(k.‍1) respecting the assessments referred to in section 51.‍1;
(k.‍2) respecting the assessments referred to in section 51.‍2; and
172 (1) Paragraph 74(1)‍(a) of the Act is replaced by the following:
(a) on summary conviction, to a fine of not more than $250,000 or to imprisonment for a term of not more than two years less a day, or to both; or
(2) Paragraph 74(2)‍(a) of the Act is replaced by the following:
(a) on summary conviction, to a fine of not more than $250,000 or to imprisonment for a term of not more than two years less a day, or to both; or
173 The portion of subsection 75(1) of the Act before paragraph (b) is replaced by the following:
Reporting and regulations — sections 7 and 7.‍1 and subsection 11.‍49(1)
75 (1) Every person or entity that contravenes section 7 or 7.‍1 or any regulation made under subsection 11.‍49(1) is guilty of an offence and liable
(a) on summary conviction, to a fine of not more than $1,000,000 or to imprisonment for a term of not more than two years less a day, or to both; or
174 Section 77 of the Act is replaced by the following:
Reporting — section 9
77 (1) Every person or entity that contravenes subsection 9(1) or (3) is guilty of an offence and liable on summary conviction to a fine of not more than $1,000,000.
Reporting — section 11.‍43
(2) Every person or entity that contravenes section 11.‍43, only insofar as it relates to any required reporting measure as contemplated by paragraph 11.‍42(2)‍(e) and specified in a directive issued under subsection 11.‍42(1), is guilty of an offence and liable on summary conviction to a fine of not more than $1,000,000.
175 Paragraph 77.‍1(a) of the Act is replaced by the following:
(a) on summary conviction, to a fine of not more than $250,000 or to imprisonment for a term of not more than two years less a day, or to both; or
176 Section 79 of the Act is replaced by the following:
Offence by employee, agent or mandatary
79 In a prosecution for an offence under section 75 or 77,
(a) it is sufficient proof of the offence to establish that it was committed by an employee or agent or mandatary of the accused, whether or not the employee or agent or mandatary is identified or has been prosecuted for the offence; and
(b) no person or entity shall be found guilty of the offence if they establish that they exercised due diligence to prevent its commission.
Coming into Force
Order in council
177 (1) Section 160 comes into force on a day to be fixed by order of the Governor in Council.
Order in council
(2) Sections 165, 166 and 171 come into force on a day to be fixed by order of the Governor in Council.
DIVISION 8 
Retail Payment Activities Act
Enactment of Act
Enactment
178 The Retail Payment Activities Act is enacted as follows:
An Act Respecting Retail Payment Activities
Preamble
Whereas the safe and efficient movement of funds is essential to the health and strength of the national economy;
Whereas evolving technologies permit retail payment activities to be performed in new and increasingly complex ways by a larger variety of payment service providers across Canada;
Whereas Parliament considers that it is desirable and in the national interest to address risks related to national security that could be posed by payment service providers;
Whereas Parliament considers that it is desirable and in the national interest to supervise and regulate retail payment activities performed by payment service providers in order to mitigate operational risks and to safeguard end-user funds;
And whereas Parliament considers that it is desirable and in the national interest to supervise and regulate retail payment activities performed by payment service providers in order to foster competition and innovation in payment services by building confidence in the retail payment sector;
Now therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Short Title
Short title
1 This Act may be cited as the Retail Payment Activities Act.
Interpretation
Definitions
2 The following definitions apply in this Act.
Bank means the Bank of Canada.‍ (Banque)
Centre means the Financial Transactions and Reports Analysis Centre of Canada.‍ (Centre)
electronic funds transfer means a placement, transfer or withdrawal of funds by electronic means that is initiated by or on behalf of an individual or entity. (transfert électronique de fonds)
end user means an individual or entity that uses a payment service as a payer or payee.‍ (utilisateur final)
entity means a corporation, trust, partnership, fund, an unincorporated association or organization, the government of a foreign country or of a political subdivision of a foreign country, or an agency of a foreign country or of a subdivision of a foreign country.‍ (entité)
government authority includes the Royal Canadian Mounted Police, the Communications Security Establishment and the Canadian Security Intelligence Service.‍ (autorité administrative)
Governor has the same meaning as in section 2 of the Bank of Canada Act.‍ (gouverneur)
incident means an event or series of related events that is unplanned by a payment service provider and that results in or could reasonably be expected to result in the reduction, deterioration or breakdown of any retail payment activity that is performed by the payment service provider.‍ (incident)
Minister means the Minister of Finance.‍ (ministre)
operational risk means a risk that any of the following will result in the reduction, deterioration or breakdown of retail payment activities that are performed by a payment service provider:
(a) a deficiency in the payment service provider’s information system or internal process;
(b) a human error;
(c) a management failure; or
(d) a disruption caused by an external event. (risque opérationnel)
payment function means
(a) the provision or maintenance of an account that, in relation to an electronic funds transfer, is held on behalf of one or more end users;
(b) the holding of funds on behalf of an end user until they are withdrawn by the end user or transferred to another individual or entity;
(c) the initiation of an electronic funds transfer at the request of an end user;
(d) the authorization of an electronic funds transfer or the transmission, reception or facilitation of an instruction in relation to an electronic funds transfer; or
(e) the provision of clearing or settlement services. (fonction de paiement)
payment service provider means an individual or entity that performs payment functions as a service or business activity that is not incidental to another service or business activity.  (fournisseur de services de paiement)
prescribed  means prescribed by regulation. (Version anglaise seulement)
registered means registered under section 25.‍ (enregistré)
retail payment activity means a payment function that is performed in relation to an electronic funds transfer that is made in the currency of Canada or another country or using a unit that meets prescribed criteria.‍ (activité associée aux paiements de détail)
third-party service provider means an individual or entity that, under a contract, provides a payment service provider with a service related to a payment function and that is not an employee or agent or mandatary of the payment service provider. (tiers fournisseur de services)
Affiliation
3 (1) For the purposes of section 8 and paragraph 29(1)‍(d),
(a) one entity is affiliated with another entity if one of them is the subsidiary of the other or both are subsidiaries of the same entity or each of them is controlled by the same individual or entity;
(b) two entities are deemed to be affiliated with each other if they are affiliated with the same entity at the same time; and
(c) an individual is affiliated with an entity if the individual controls the entity.
Subsidiary entity
(2) For the purposes of subsection (1), an entity is a subsidiary of another entity if it is controlled by that other entity.
Control
(3) For the purposes of this section,
(a) a corporation is controlled by an individual or entity if
(i) securities of the corporation to which are attached more than 50% of the votes that may be cast to elect directors of the corporation are held, directly or indirectly, whether through one or more subsidiaries or otherwise, otherwise than by way of security only, by or for the benefit of that individual or entity, and
(ii) the votes attached to those securities are sufficient, if exercised, to elect a majority of the directors of the corporation;
(b) a limited partnership is controlled by its general partner; and
(c) an entity other than a corporation or a limited partnership is controlled by an individual or entity if the individual or entity, directly or indirectly, whether through one or more subsidiaries or otherwise, holds an interest in the entity that is not a corporation that entitles them to receive more than 50% of the profits of that entity or more than 50% of its assets on dissolution.
Application
General
Payment service providers in Canada
4 Subject to sections 6 to 10, this Act applies in respect of any retail payment activity that is performed by a payment service provider that has a place of business in Canada.
Payment service providers outside of Canada
5 Subject to sections 6 to 10, this Act also applies in respect of any retail payment activity that is performed for an end user in Canada by a payment service provider that does not have a place of business in Canada but directs retail payment activities at individuals or entities that are in Canada.
Non-application
Retail payment activities
6 This Act does not apply in respect of the following retail payment activities:
(a) a payment function that is performed in relation to an electronic funds transfer that is made with an instrument that is issued by a merchant — or by an issuer that is not a payment service provider and has an agreement with a group of merchants — and that allows the holder of the instrument to purchase goods or services only from the issuing merchant or any merchant in the group;
(b) a payment function that is performed in relation to an electronic funds transfer that is made for the purpose of giving effect to an eligible financial contract as defined in subsection 39.‍15(9) of the Canada Deposit Insurance Corporation Act or for the purpose of giving effect to a prescribed transaction in relation to securities;
(c) a payment function that is performed in relation to an electronic funds transfer that is made for the purpose of a cash withdrawal at an automatic teller machine; and
(d) a prescribed retail payment activity.
Designated systems
7 This Act does not apply in respect of a payment function that is performed in relation to an electronic funds transfer if the payment function is performed using a system that is designated under section 4 of the Payment Clearing and Settlement Act.
Internal transactions
8 This Act does not apply in respect of a retail payment activity that is performed by a payment service provider if
(a) the payment function in question is performed in relation to an electronic funds transfer that is made between affiliated entities;
(b) the payment service provider is one of the affiliated entities; and
(c) no other payment service provider performs payment functions in relation to that electronic funds transfer.
Payment service providers
9 This Act does not apply to a payment service provider that performs retail payment activities if the payment service provider is one of the following:
(a) a bank;
(b) an authorized foreign bank as defined in section 2 of the Bank Act in respect of its business in Canada;
(c) a cooperative credit society, savings and credit union, caisse populaire or central cooperative credit society that is regulated by a provincial Act or an association regulated by the Cooperative Credit Associations Act;
(d) Her Majesty in right of a province or an agent or mandatary of Her Majesty in right of a province, if Her Majesty in right of a province or the agent or mandatary accepts deposits transferable by order;
(e) a company to which the Insurance Companies Act applies or an insurance company regulated by a provincial Act;
(f) a company to which the Trust and Loan Companies Act applies;
(g) a trust company that is regulated by a provincial Act;
(h) a loan company that accepts deposits transferable by order and is regulated by a provincial Act;
(i) the Canadian Payments Association;
(j) the Bank; or
(k) a prescribed individual or entity or an individual or entity of a prescribed class.
Agents and mandataries
10 This Act does not apply to an agent or mandatary of a registered payment service provider if the agent or mandatary is performing retail payment activities in the scope of their authority as agent or mandatary and is included on the list of agents or mandataries that was provided by the payment service provider under paragraph 29(1)‍(e) and is updated in accordance with subsection 59(1).
Governor’s orders
11 (1) If a provision of a federal or provincial Act or regulation applies to or in respect of a payment service provider that performs retail payment activities or a class of payment service providers that perform retail payment activities and the Governor is of the opinion that the provision is substantially similar to any of the following provisions of this Act or its regulations, then the Governor may, by order, specify the provision of this Act or its regulations and the payment service provider or class of payment service provider:
(a) sections 17 to 22;
(b) subsection 29(2);
(c) paragraphs 48(1)‍(a) to (e) and (g) and 52(a) to (d) and (g);
(d) sections 59, 94, 95 and 99; and
(e) a provision of the regulations that is made for the purposes of any of the provisions referred to in paragraphs (a) to (d).
Effect of order
(2) A provision that is specified in an order made under subsection (1) does not apply to or in respect of the payment service provider or class of payment service provider specified in the order.
PART 1 
Bank and Minister
Objects
12 (1) The Bank’s objects under this Act are to
(a) supervise payment service providers that perform retail payment activities in order to determine whether those payment service providers are in compliance with this Act;
(b) promote the adoption by those payment service providers of policies and procedures that are designed to implement their obligations under this Act; and
(c) monitor and evaluate trends and issues related to retail payment activities.
Duty of Bank
(2) In pursuing these objects, the Bank must consider the efficiency of payment services and the interests of end users.
Agreements and arrangements
13 The Bank may, for the purpose of exercising its powers or performing its duties and functions under this Act, enter into an agreement or arrangement with any government authority or regulatory body.
Guidelines — Bank
14 (1) The Bank may issue guidelines respecting the manner in which this Act, with the exception of the provisions referred to in subsection (2), is to be applied.
Guidelines — Minister
(2) The Minister may issue guidelines respecting the manner in which sections 32 to 47, 72 to 75, 96 and 98 are to be applied.
Delegation of Governor’s powers, duties and functions
15 (1) The Governor may delegate to an officer of the Bank any of the Governor’s powers, duties or functions under this Act.
Notice of delegation
(2) If a power, duty or function is delegated, the Bank must cause to be published in the Canada Gazette a notice that includes
(a) the title of the officer to whom the power, duty or function is delegated;
(b) the power, duty or function that is delegated; and
(c) the day on which the delegation takes effect.
Notice of revocation of delegation
(3) If the Governor revokes a delegation, the Bank must cause to be published in the Canada Gazette a notice that includes the day on which the delegation ceases to have effect.
Timing
(4) The notice referred to in subsection (2) or (3) must be published before the day on which the delegation takes effect or ceases to have effect, as the case may be.
No liability if in good faith — Bank
16 (1) No action lies against Her Majesty in right of Canada, any officer, employee or director of the Bank or any person acting under the direction of the Governor for anything done or omitted to be done in good faith in the administration or discharge of any powers or duties that under this Act are intended or authorized to be executed or performed.
No liability if in good faith — Minister
(2) No action lies against Her Majesty in right of Canada, the Minister or any person or government authority acting under the direction of the Minister for anything done or omitted to be done in good faith in the administration or discharge of any powers or duties that under this Act are intended or authorized to be executed or performed.
PART 2 
Operational and Financial Measures
Operational Risk Management and Incident Response
Framework
17 (1) For the purposes of identifying and mitigating operational risks and responding to incidents, a payment service provider that performs retail payment activities must, in accordance with the regulations, establish, implement and maintain a risk management and incident response framework that meets prescribed requirements.
Assessment by Bank
(2) The Bank or a person designated by the Bank may assess the payment service provider’s risk management and incident response framework or any portion of it and the Bank may provide the payment service provider with a list of corrective measures that the Bank considers appropriate.
Duty to assist
(3) The payment service provider must give all assistance that is reasonably required to enable the Bank or the designated person to carry out an assessment referred to in subsection (2) and must provide any documents or information and access to any data that are specified by the Bank or the designated person.
Requirement to notify
18 (1) If a payment service provider that performs retail payment activities becomes aware of an incident that has a material impact on any of the following individuals or entities, the payment service provider must, without delay, notify that individual or entity and the Bank of the incident:
(a) an end user;
(b) a payment service provider that performs retail payment activities, whether or not this Act applies to the payment service provider; and
(c) a clearing house of a clearing and settlement system, as those expressions are defined in section 2 of the Payment Clearing and Settlement Act, that is designated under subsection 4(1) of that Act.
Form, manner and content of notice
(2) The notice must be given in the prescribed form and manner and contain the prescribed information.
Follow-up notices
19 (1) The Bank may, by order, direct a payment service provider that has given a notice in accordance with section 18 to provide any follow-up notice that the Bank considers relevant.
Content of order
(2) The order must specify
(a) the individuals or entities to be notified;
(b) when the follow-up notice is to be given and its form and manner; and
(c) the information to be contained in the notice.
Compliance with order
(3) The payment service provider must comply with the order.
Safeguarding of Funds
Accounts
20 (1) If a payment service provider performs a retail payment activity that is the holding of end-user funds until they are withdrawn by the end user or transferred to another individual or entity, the payment service provider must
(a) hold the end-user funds in trust in a trust account that is not used for any other purpose;
(b) hold the end-user funds in a prescribed account or in a prescribed manner and take any prescribed measures in relation to the funds, the account or the manner; or
(c) hold the end-user funds in an account that is not used for any other purpose and hold insurance or a guarantee in respect of the funds that is in an amount equal to or greater than the amount held in the account.
Exception — provincial insurance or guarantee
(2) Subsection (1) does not apply to a payment service provider in respect of end-user funds it holds in a province if the payment service provider accepts deposits that are insured or guaranteed under an Act of that province and those end-user funds are deposits that are guaranteed or insured under that Act.
No set-off or compensation
(3) No right of set-off or compensation may be asserted by an individual or entity that maintains an account that is referred to in paragraph (1)‍(a), (b) or (c) in respect of the funds held in that account.
Provision of Information
Annual report
21 A payment service provider that performs retail payment activities must, at the prescribed time and in the prescribed form and manner, submit an annual report to the Bank that includes
(a) the prescribed information respecting the payment service provider’s risk management and incident response framework;
(b) the prescribed information in relation to any account referred to in subsection 20(1) and the insurance or guarantee referred to in paragraph 20(1)‍(c);
(c) any other prescribed information in relation to the holding of end-user funds for the purposes of subsection 20(1) and any regulations made for the purposes of that subsection; and
(d) any other prescribed information.
Notice — significant change or new activity
22 (1) A payment service provider must notify the Bank before the payment service provider makes a significant change in the way it performs a retail payment activity or before it performs a new retail payment activity. The notice must
(a) be given within the prescribed period;
(b) be in the prescribed form and manner; and
(c) include the prescribed information.
Significant change
(2) For the purposes of subsection (1), a change is significant if it could reasonably be expected to have a material impact on operational risks or the manner in which end-user funds are safeguarded.
PART 3 
Registration
General
Registration required
23 A payment service provider must be registered with the Bank before it performs any retail payment activities.
New application — acquisition of control
24 (1) If an individual or entity plans to acquire control of a registered payment service provider, the registered payment service provider must, before the acquisition, submit a new application for registration that takes the planned acquisition into account and be so registered.
New application — other change
(2) If a registered payment service provider plans to make a prescribed change, the registered payment service provider must, before the change takes effect, submit a new application for registration that takes the planned change into account and be so registered.
Non-application
(3) Subsection (1) does not apply in the case of a planned acquisition that would, on the day on which it is planned to take effect, result in this Act no longer applying to the registered payment service provider by virtue of section 9 or 10.
Duty to register
25 (1) Subject to sections 35, 37, 48 and 49, the Bank must register any individual or entity that applies for registration.
Notice of registration
(2) The Bank must, as soon as feasible, notify the applicant in writing that the applicant has been registered.
Registry
26 The Bank must maintain a registry of registered payment service providers and must make public the name of each registered payment service provider, its address and any prescribed information in relation to the payment service provider, the activities it performs or its registration.
List of refusals and revocations
27 (1) The Bank must maintain and publish a list of the individuals or entities that the Bank has refused to register and the payment service providers that have had their registrations revoked. The list must set out the reasons for a refusal or revocation.
Reviews
(2) The Bank must not add an individual, entity or payment service provider to the list unless the prescribed period for requesting the applicable review under section 41, 46, 50 or 53 has expired or the refusal or revocation has been confirmed under the section in question.
Execution of documents
28 Any document required or permitted to be executed or signed by more than one individual for the purposes of this Act may be executed or signed in several documents of similar form, each of which is executed or signed by one or more of the individuals. The documents, when executed or signed by all individuals required or permitted, as the case may be, to do so, are deemed to constitute one document for the purposes of this Act.
Applications for Registration
Form, manner and information
29 (1) An applicant for registration must submit an application in the prescribed form and manner that includes
(a) the applicant’s name and any name under which the applicant performs or plans to perform payment functions as a service or business activity;
(b) the applicant’s address and any prescribed contact information;
(c) a declaration that states whether the applicant operates or plans to operate out of a dwelling-house;
(d) a description of how the applicant is organized or structured and, as applicable, any prescribed information in relation to the applicant’s incorporation, affiliated entities, directors and managers or owners;
(e) a list of the applicant’s agents and mandataries that perform retail payment activities in the scope of their authority as an agent or mandatary and any prescribed information in relation to those agents and mandataries;
(f) a description of the retail payment activities the applicant performs or plans to perform, including any prescribed information in relation to the volume and value or estimated volume and value of those retail payment activities;
(g) the number of end users or estimated number of end users for whom the applicant performs or plans to perform retail payment activities;
(h) any prescribed information in relation to end-user funds that the applicant holds or plans to hold;
(i) a description of the applicant’s risk management and incident response framework or the framework that the applicant plans to establish and implement;
(j) any prescribed information in relation to the manner in which the applicant safeguards or plans to safeguard end-user funds;
(k) any prescribed information in relation to any of the applicant’s third-party service providers that have or will have a material impact on the applicant’s operational risks or the manner in which the applicant safeguards or plans to safeguard end-user funds;
(l) a declaration that states whether the applicant is registered with the Centre;
(m) a declaration that states whether the applicant has a place of business in Canada;
(n) a declaration that states whether the applicant has applied for registration or is registered under a provincial Act respecting retail payment activities;
(o) in the case of an applicant that does not have a place of business in Canada, the name and address of an agent or mandatary in Canada that is authorized, on behalf of the applicant, to accept notices given or served under this Act as well as orders made under this Act; and
(p) any information in relation to the applicant or the retail payment activities the applicant performs or plans to perform that is prescribed for the purposes of sections 34 to 45.
Registration fee
(2) The applicant must include the prescribed registration fee with the application.
Additional information
(3) The applicant must provide the Bank with any additional information that the Bank requests in relation to the information referred to in subsection (1) within 30 days after the day on which the request is made.
Notice of change in information
30 An applicant that becomes aware that information provided as part of the application has changed or is about to change must notify the Bank of the change or anticipated change as soon as possible after becoming aware of it and the Bank must then, as soon as possible, notify the Minister and any person or government authority designated under section 32.
Duty to notify and provide information
31 The Bank must, as soon as feasible after it is of the opinion that an application for registration is complete, notify the applicant that the application is complete and provide the Centre with the information referred to in paragraphs 29(1)‍(a) to (f) and any information respecting the applicant that is under the Bank’s control and is prescribed for the purposes of this section.
National Security Review
Designation
32 The Minister may designate a person or government authority for the purposes of sections 33, 39 and 60.
Copy of application
33 The Bank must, as soon as feasible after it is of the opinion that an application for registration is complete, provide the Minister and any designated person or government authority with a copy of the application.
Review of application
34 (1) The Minister may, within the prescribed period, decide to review an application for registration if the Minister is of the opinion that it is necessary to do so for reasons related to national security. In that case, the Minister must notify the Bank of the decision and the Bank must then notify the applicant.
Extension of decision period
(2) The Minister may extend the prescribed period for one or more prescribed periods if the Minister considers it necessary to do so and notifies the Bank. In that case, the Bank must notify the applicant of the extension.
Prohibition on registration
35 The Bank must not register an applicant during a period referred to in subsection 34(1) or (2) unless the Minister informs the Bank that the Minister has decided not to review the application for registration.
Timeline for review of application
36 If the Minister decides to review an application for registration, the Minister must conduct the review within the prescribed period but the Minister may extend the period for conducting the review for one or more periods equal to the prescribed period if the Minister considers it necessary to do so and notifies the Bank. In that case, the Bank must notify the applicant of the extension.
Prohibition on registration
37 If the Minister notifies the Bank of a decision to review an application for registration, the Bank must not register the applicant unless the Minister notifies the Bank under section 38 of a decision not to issue a directive.
Notice to Bank
38 The Minister must notify the Bank if, after completing a review of an application, the Minister decides not to issue a directive under section 40.
Additional information
39 An applicant or registered payment service provider must provide the Minister and any designated person or government authority with any additional information that the Minister, person or government authority requests in relation to the applicant or registered payment service provider or the retail payment activities the applicant performs or plans to perform.
Directive to refuse registration
40 The Minister may, for any of the following reasons, issue a directive to the Bank to refuse to register an applicant:
(a) there are reasons related to national security;
(b) the applicant has failed to provide additional information in accordance with section 39;
(c) an order made under section 42 or an undertaking provided in accordance with that section that is in relation to the application in question has not been complied with;
(d) a condition imposed under section 43 in relation to the application in question has not been complied with; and
(e) the applicant has provided false or misleading information.
Review of directive
41 (1) An applicant that has been notified under section 49 may, within the prescribed period, make a request to the Minister for a review of the directive to refuse registration.
Decision
(2) On completion of the review, the Minister must, after giving the applicant an opportunity to make representations, confirm or revoke the directive. The Minister must notify the Bank of the decision and the Bank must then, as soon as feasible, notify the applicant.
Undertakings
42 The Minister may, by order, require any individual or entity to provide an undertaking in relation to an application for registration or in relation to any registered payment service provider if the Minister is of the opinion that it is necessary to do so for reasons related to national security.
Conditions
43 The Minister may, by order, impose conditions on any individual or entity in relation to an application for registration or in relation to any registered payment service provider if the Minister is of the opinion that it is necessary to do so for reasons related to national security.
Copy to Bank
44 The Minister must provide the Bank with a copy of each order the Minister makes under section 42 or 43 and the Bank must, as soon as feasible, provide a copy to the individual or entity in question.
Notice of intent to issue directive to revoke registration
45 (1) The Minister may, for any of the following reasons, issue to the Bank a notice of intent to issue a directive to the Bank to revoke a payment service provider’s registration:
(a) there are reasons related to national security
(b) the payment service provider has failed to provide additional information in accordance with section 39;
(c) an order made under section 42 or an undertaking provided in accordance with that section that is in relation to the payment service provider has not been complied with;
(d) a condition imposed under section 43 in relation to the payment service provider has not been complied with;
(e) the payment service provider has provided false or misleading information; and
(f) the payment service provider has not complied with an order under section 96.
Notice to payment service provider
(2) The Bank must, as soon as feasible, notify the payment service provider in writing of the issuance of the Minister’s notice of intent.
Review of notice of intent
46 (1) A registered payment service provider that has been notified under subsection 45(2) may, within the prescribed period, make a request to the Minister for a review of the notice of intent.
Decision
(2) On completion of the review, the Minister must, after giving the payment service provider an opportunity to make representations, either withdraw the notice of intent or issue a directive to the Bank to revoke the registration.
Notices to Bank and payment service provider
(3) The Minister must notify the Bank of a decision to withdraw the notice of intent and the Bank must, as soon as feasible, notify the payment service provider of the withdrawal.
Review not requested
47 If a registered payment service provider that has been notified under subsection 45(2) does not make a request to the Minister for a review of the notice of intent within the prescribed period, the Minister may issue a directive to the Bank to revoke the payment service provider’s registration.
Refusal to Register
Refusal to register
48 (1) The Bank may, within the prescribed period, refuse to register an applicant for a prescribed reason or for any of the following reasons:
(a) the applicant has failed to provide additional information in accordance with subsection 29(3);
(b) the applicant has provided false or misleading information;
(c) the applicant has been found guilty of contravening a provision referred to in section 74, 75 or 76, subsection 77(1) or section 77.‍1 of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act;
(d) during the five-year period before the day on which the application was submitted, the Director of the Centre, under subsection 73.‍15(4) of that Act, caused a notice of a decision or of an imposed penalty to be issued and served on the applicant in respect of a violation that was classified as a serious violation or very serious violation under that Act;
(e) the applicant is not registered in accordance with section 11.‍1 of that Act;
(f) the applicant has ceased to perform or no longer plans to perform retail payment activities; and
(g) the applicant has committed or has been deemed to have committed a violation under this Act.
Unpaid penalties
(2) If an applicant that does not have a place of business in Canada has committed a violation under this Act and is liable to pay a penalty for it, and if 30 days have elapsed after the day on which all proceedings in respect of the violation are ended and the penalty has not been paid, the Bank must refuse to register the applicant until the penalty is paid.
Notice to applicant
(3) If the Bank refuses to register an applicant under subsection (1), the Bank must, as soon as feasible, notify the applicant of the refusal in writing. The notice must include the reason for the refusal.
Directive to refuse to register
49 The Bank must refuse to register an applicant if the Minister issues a directive to that effect under section 40. In that case, the Bank must, as soon as feasible, notify the applicant in writing of the refusal.
Review by Governor
50 (1) An applicant that has been notified under subsection 48(3) may, within the prescribed period, make a request to the Governor for a review of the refusal to register.
Decision
(2) On completion of the review, the Governor must confirm the refusal or direct the Bank to register the applicant.
Form and manner of decision
(3) The Governor must, within the prescribed period, make a decision and must, as soon as feasible, notify the applicant in writing of the decision.
Notice to Centre
51 The Bank must, as soon as feasible, notify the Centre in writing of any refusal to register an applicant.
Revocation of Registration
Notice of intent to revoke registration
52 The Bank may, for a prescribed reason or for any of the following reasons, issue to a registered payment service provider a notice of intent to revoke the payment service provider’s registration that sets out the reason for the intention to revoke:
(a) the payment service provider has provided false or misleading information;
(b) the payment service provider has been found guilty of contravening a provision referred to in section 74, 75 or 76, subsection 77(1) or section 77.‍1 of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act;
(c) the Director of the Centre, under subsection 73.‍15(4) of that Act, has caused a notice of a decision or of an imposed penalty to be issued and served on the payment service provider in respect of a violation that was classified as a serious or very serious violation under that Act;
(d) the payment service provider is not registered in accordance with section 11.‍1 of that Act;
(e) the payment service provider has ceased to perform retail payment activities;
(f) an individual or entity that applied for registration under section 24 has acquired control of the payment service provider; and
(g) the payment service provider has committed or has been deemed to have committed a violation under this Act.
Review of notice of intent
53 (1) A registered payment service provider that has been notified under section 52 may, within the prescribed period, make a request to the Governor for a review of the notice of intent.
Decision
(2) On completion of the review, the Governor must, after giving the payment service provider an opportunity to make representations, direct the Bank to either withdraw the notice of intent or revoke the payment service provider’s registration.
Form and manner of decision
(3) The Governor must, within the prescribed period, make a decision and must, as soon as feasible, notify the payment service provider in writing of the decision.
Review not requested
54 If a registered payment service provider that has been notified under section 52 does not make a request to the Governor for a review of the notice of intent within the prescribed period, the Governor may direct the Bank to revoke the payment service provider’s registration.
Revocation of registration for non-payment of penalty
55 (1) The Bank must revoke the registration of a registered payment service provider if the payment service provider does not have a place of business in Canada, has committed a violation under this Act and is liable to pay a penalty for it, and the penalty has not been paid within 30 days after the day on which all proceedings in respected of the violation are ended.
Notice to payment service provider
(2) The Bank must, as soon as feasible, notify the payment service provider in writing of the revocation under subsection (1).
Directed revocation of registration
56 (1) The Bank must revoke the registration of a registered payment service provider if the Minister directs the Bank to do so under subsection 46(2) or section 47.
Notice to payment service provider
(2) The Bank must, as soon as feasible, notify the payment service provider in writing of the revocation under subsection (1).
Notice to Centre
57 The Bank must, as soon as feasible, notify the Centre in writing of any revocation of a payment service provider’s registration.
Appeal to Federal Court
Right of appeal
58 (1) An applicant or payment service provider that has been notified under subsection 50(3) or 53(3) may, within the prescribed period or within any longer period that the Federal Court allows, appeal the decision to that Court.
Powers of Federal Court
(2) The Federal Court may
(a) dismiss the appeal;
(b) set aside the decision and, as applicable, order the Bank to register the applicant or to reinstate the payment service provider’s registration; or
(c) set aside the decision and refer the matter back to the Governor for re-determination.
Conflict
(3) If there is a conflict between an order under paragraph (2)‍(b) and a directive under section 40, subsection 46(2) or section 47, the directive prevails.
Provision of Information
Notice of change in information
59 (1) A registered payment service provider must notify the Bank of any change to the information referred to in any of paragraphs 29(1)‍(a) to (e), (k) and (m) to (o). The notice must include the updated information, be given within the prescribed period and be in the prescribed form and manner.
Exception
(2) The payment service provider is not however required to notify the Bank if the information in question was included in a notice under section 60.
Notice of change in prescribed information
60 (1) A registered payment service provider must notify the Bank of any change to prescribed information in relation to the payment service provider or the retail payment activities the payment service provider performs.
Timing of notice
(2) The notice must be given as soon as feasible after the payment service provider becomes aware of the change but before the change takes effect. However, if a different period is prescribed for the purposes of this subsection, the notice must be given within that period.
Notice to Minister
(3) The Bank must, as soon as feasible, notify the Minister and any designated person or government authority of any notice given under subsection (1).
False or misleading information
61 An individual or entity must not provide false or misleading information to the Bank, the Minister or a person or government authority designated under section 32.
PART 4 
Confidentiality of Information
Information obtained by Bank
62 (1) Subject to subsections (2) and (3), information that the Bank obtains under this Act and any information prepared from that information is confidential and the Bank must treat it accordingly.
Disclosure permitted — sections 26, 27 and 93
(2) The Bank may disclose information obtained under this Act if it is required to make the information public under section 26 or does so under section 27 or 93.
Disclosure permitted — entities
(3) Subject to subsection (4), the Bank may disclose information obtained under this Act to the Minister or to any government authority or regulatory body if it agrees to treat the information as confidential.
Consent required
(4) The Bank must not disclose information obtained from the Centre without the Centre’s consent.
Information obtained by Minister
63 (1) Subject to subsection (2), information that is obtained under this Act by the Minister or by a person or government authority designated under section 32 as well as any information prepared from that information is confidential and the Minister or the designated person or government authority must treat it accordingly.
Disclosure permitted — entities
(2) The Minister or the designated person or government authority may disclose information obtained under this Act to any government authority or regulatory body that agrees to treat the information as confidential.
Evidentiary privilege
64 (1) Prescribed information in relation to the supervision of payment service providers must not be used as evidence in any civil proceedings and is privileged for that purpose.
No testimony or production
(2) An individual or entity must not by an order of any court, tribunal or other body be required in any civil proceedings to give oral testimony or to produce any document relating to any information referred to in subsection (1).
Exception to subsection (1)
(3) Despite subsection (1), the Minister, the Governor, the Bank or the Attorney General of Canada may, in accordance with the regulations, use information referred to in that subsection as evidence in any proceedings.
Exception to subsection (1)
(4) Despite subsection (1), a payment service provider may, in accordance with the regulations, use information referred to in that subsection as evidence in any proceedings in relation to the administration or enforcement of this Act, the Bankruptcy and Insolvency Act or the Companies’ Creditors Arrangement Act that are commenced by the payment service provider, the Minister, the Governor, the Bank or the Attorney General of Canada.
Exceptions to subsections (1) and (2)
(5) Despite subsections (1) and (2), a court, tribunal or other body may, by order, require the Minister, the Governor, the Bank or a payment service provider to give oral testimony or to produce any document relating to any information referred to in subsection (1) in any civil proceedings in relation to the administration or enforcement of this Act that are commenced by the Minister, the Governor, the Bank, the Attorney General of Canada or a payment service provider.
No waiver
(6) The disclosure of any information referred to in subsection (1), other than under subsection (3), (4) or (5), does not constitute a waiver of the privilege referred to in subsection (1).
PART 5 
Administration and Enforcement
Bank’s Powers
Information request — payment service provider
65 (1) The Bank may request, in writing, a payment service provider that performs retail payment activities to provide, within the prescribed period, the Bank with any information that the Bank considers necessary for a purpose related to verifying compliance with this Act or carrying out the Bank’s objects under this Act.
Compliance with request
(2) The payment service provider must comply with the request.
Information request — individual or entity
66 (1) For the purpose of verifying compliance with this Act, the Bank may, if it has reasonable grounds to believe that an individual or entity is a payment service provider that performs retail payment activities, request in writing, the individual or entity to provide the Bank with any information that the Bank requires to determine whether the individual or entity is a payment service provider that performs retail payment activities.
Compliance with request
(2) The individual or entity must comply with the request within the prescribed period.
Special audit
67 (1) The Bank may direct that a special audit of a payment service provider that performs retail payment activities be conducted in accordance with any conditions that the Bank considers appropriate if, in the Bank’s opinion, the special audit is required for the purpose of verifying compliance with this Act and the Bank may appoint an individual or entity to conduct the special audit.
Duty to assist
(2) The payment service provider must give all assistance that is reasonably required to enable the appointed individual or entity to conduct the special audit and must provide any documents or information and access to any data that are specified by the individual or entity.
Report to Bank
(3) The payment service provider must provide the Bank with the results of the special audit.
Expenses
(4) The expenses incurred in respect of the special audit are payable by the payment service provider.
Designation
68 The Governor may designate persons or classes of persons as authorized persons for the purposes of sections 69 and 70.
Powers — authorized person
69 (1) An authorized person may, from time to time, examine the records and inquire into the business and affairs of a payment service provider that performs retail payment activities for the purpose of verifying compliance with this Act and for that purpose may
(a) enter any place, other than a dwelling-house, in which the authorized person has reasonable grounds to believe that there are records relevant to verifying compliance with this Act;
(b) use any computer system in the place, or cause it to be used, to examine data contained in or available to it;
(c) reproduce any record, or cause it to be reproduced from the data, in the form of a printout or other intelligible output and remove the printout or other output for examination or copying; or
(d) use any copying equipment in the place or cause it to be used.
Duty to assist
(2) The owner or person in charge of the place and every person in the place must give all assistance that is reasonably required to enable the authorized person to perform their functions under this section and must provide any documents or information and access to any data that are specified by the authorized person.
Warrant to enter dwelling-house
70 (1) If the place is a dwelling-house, an authorized person may enter it without the occupant’s consent only under the authority of a warrant issued under subsection (2).
Authority to issue warrant
(2) On ex parte application, a justice of the peace may issue a warrant authorizing an authorized person to enter a dwelling-house, subject to any conditions specified in the warrant, if the justice is satisfied by information on oath that
(a) the dwelling-house is a place referred to in paragraph 69(1)‍(a);
(b) entry to the dwelling-house is necessary for a purpose related to verifying compliance with this Act; and
(c) entry was refused by the occupant or there are reasonable grounds to believe that entry will be refused by, or that consent to entry cannot be obtained from, the occupant.
Compliance agreement
71 The Bank may enter into a compliance agreement with a payment service provider that performs retail payment activities for the purpose of implementing any measure that is designed to further compliance with this Act by the payment service provider.
Minister’s Powers
Designation
72 The Minister may designate persons or classes of persons as authorized persons for the purposes of sections 73 to 75.
Information request — individual or entity
73 (1) An authorized person may request, in writing, an individual or entity to provide, within the prescribed period, the authorized person with any information that the authorized person considers necessary for a purpose related to verifying compliance with an undertaking provided in accordance with section 42 or a condition imposed under section 43.
Compliance with request
(2) The individual or entity must comply with the request.
Powers — authorized person
74 (1) An authorized person may, from time to time, examine the records and inquire into the business and affairs of an individual or entity for the purpose of verifying compliance with an undertaking provided in accordance with section 42 or a condition imposed under section 43 and for that purpose may
(a) enter any place, other than a dwelling-house, in which the authorized person has reasonable grounds to believe that there are records relevant to verifying compliance with the undertaking or condition;
(b) use any computer system in the place, or cause it to be used, to examine data contained in or available to it;
(c) reproduce any record, or cause it to be reproduced from the data, in the form of a printout or other intelligible output and remove the printout or other output for examination or copying; or
(d) use any copying equipment in the place or cause it to be used.
Duty to assist
(2) The owner or person in charge of the place and every person in the place must give all assistance that is reasonably required to enable the authorized person to perform their functions under this section and must provide any documents or information and access to any data that are specified by the authorized person.
Warrant to enter dwelling-house
75 (1) If the place is a dwelling-house, an authorized person may enter it without the occupant’s consent only under the authority of a warrant issued under subsection (2).
Authority to issue warrant
(2) On ex parte application, a justice of the peace may issue a warrant authorizing an authorized person to enter a dwelling-house, subject to any conditions specified in the warrant, if the justice is satisfied by information on oath that
(a) the dwelling-house is a place referred to in paragraph 74(1)‍(a);
(b) entry to the dwelling-house is necessary for a purpose related to verifying compliance with the undertaking or condition; and
(c) entry was refused by the occupant or there are reasonable grounds to believe that entry will be refused by, or that consent to entry cannot be obtained from, the occupant.
Administrative Monetary Penalties
Notices of Violation and Compliance Agreements
Commission of violation
76 (1) Every contravention that is designated under paragraph 101(1)‍(h) or (j) constitutes a violation and the individual or entity that commits the violation is liable to a penalty established in accordance with paragraph 101(1)‍(k) or (l).
Payment service provider
(2) If the Bank believes on reasonable grounds that a payment service provider has committed a violation, the Bank may
(a) issue and cause to be served on the payment service provider a notice of violation; or
(b) issue and cause to be served on the payment service provider a notice of violation with an offer to reduce by half the penalty set out in the notice if the payment service provider enters into a compliance agreement with the Bank in respect of the provision to which the violation relates.
Other individual or entity
(3) If the Bank believes on reasonable grounds that an individual or entity other than a payment service provider has committed a violation, the Bank may issue and cause to be served on the individual or entity a notice of violation.
Purpose of penalty
(4) The purpose of the penalty is to promote compliance with this Act and not to punish.
Contents of notice
77 (1) A notice of violation must name the individual or entity believed to have committed a violation, identify the violation and set out
(a) the penalty to be paid;
(b) the right of the individual or entity, within 30 days after the day on which the notice is served or within any longer period that the Bank specifies, to pay the penalty or to make representations to the Governor with respect to the violation and the penalty, and the manner for doing so; and
(c) the fact that, if the individual or entity does not pay the penalty or make representations in accordance with the notice, the individual or entity will be deemed to have committed the violation and is liable to pay the penalty.
Short-form descriptions
(2) The Bank may establish, in respect of each violation, a short-form description to be used in notices of violation.
Administrative corrections
(3) If a notice of violation contains any error or omission, the Bank may issue and cause to be served a corrected notice of violation on the individual or entity at any time during the period referred to in paragraph (1)‍(b).
Payment of penalty
78 (1) If the individual or entity pays the penalty set out in the notice of violation, the individual or entity is deemed to have committed the violation and proceedings in respect of it are ended.
Representations to Governor
(2) If the individual or entity makes representations in accordance with the notice, the Governor must decide, on a balance of probabilities, whether the individual or entity committed the violation and, if so, may, subject to any regulations made under paragraph 101(1)‍(k) or (l), impose the penalty set out in the notice, a lesser penalty or no penalty.
Failure to pay or make representations
(3) An individual or entity that neither pays the penalty set out in the notice nor makes representations in accordance with the notice is deemed to have committed the violation and is liable to pay the penalty set out in the notice.
Notice of decision and right of appeal
(4) The Bank must cause notice of any decision made under subsection (2) or the penalty that the individual or entity is liable to pay under subsection (3) to be issued and served on the individual or entity together with notice of the right of appeal under subsection 84(1).
Contents of compliance agreement
79 (1) If the Bank offers to enter into a compliance agreement with a payment service provider under paragraph 76(2)‍(b), the agreement must
(a) identify the provision that was contravened and provide that the payment service provider will comply with that provision within the period and be subject to the terms and conditions specified in the agreement; and
(b) set out the amount that the payment service provider will have to pay as the reduced penalty for the violation if the compliance agreement is entered into.
Refusal to enter into agreement
(2) If the payment service provider does not enter into the compliance agreement and does not pay the reduced penalty within 30 days after the day on which the payment service provider received the notice of violation, the payment service provider is deemed to have refused to enter into the agreement and is liable to pay the full penalty set out in the notice of violation.
Extension of period
(3) The Bank may extend the period referred to in paragraph (1)‍(a) if it is satisfied that the payment service provider is unable to comply with it within that period for reasons beyond their control.
Deemed violation
80 A payment service provider that enters into a compliance agreement referred to in a notice of violation issued under paragraph 76(2)‍(b) is deemed to have committed the violation in respect of which the agreement was entered into.
Compliance agreement complied with
81 If the Bank considers that a compliance agreement with a payment service provider has been complied with, the Bank must serve a notice to that effect on the payment service provider and, on the service of the notice, no further proceedings may be taken against the payment service provider with respect to the violation.
Compliance agreement not complied with
82 (1) If the Bank considers that a compliance agreement with a payment service provider has not been complied with, the Bank may issue and cause to be served a notice of default on the payment service provider to the effect that the payment service provider is liable to pay
(a) the difference between the penalty set out in the notice of violation and any portion of the reduced penalty under the compliance agreement that was paid; and
(b) an additional penalty specified in the regulations.
Contents of notice
(2) The notice of default must specify the date, which must be 30 days after the day on which the notice is served, on or before which an application for review may be filed and particulars of how the application may be filed.
No set-off or compensation
(3) On the service of a notice of default, the payment service provider served has no right of set-off or compensation against any amount that it spent under the compliance agreement.
Application for review
83 (1) A payment service provider served with a notice of default may, on or before the date specified in the notice or within any time that the Bank allows, file an application for review of the Bank’s decision made under that subsection with the Governor.
Decision
(2) The Governor may confirm the Bank’s decision or decide that the payment service provider has complied with the compliance agreement.
Failure to pay or apply for review
(3) A payment service provider that neither pays the amounts set out in the notice of default nor files an application for review in accordance with the notice is deemed to have not complied with the compliance agreement and must pay the amounts set out in the notice of default without delay.
Notice of decision
(4) The Bank must cause notice of the Governor’s decision to be issued and served on the payment service provider together with notice of the right of appeal under subsection 84(1).
Right of appeal
84 (1) An individual or entity on which a notice of a decision made under subsection 78(2) or 83(2) is served may, within 30 days after the day on which the notice is served or within any longer period that the Federal Court allows, appeal the decision to that Court.
Appeal — no notice of decision
(2) If the Bank does not cause notice of a decision to be issued and served under subsection 78(4) within 90 days after the day on which representations under subsection 78(2) were made, the individual or entity may appeal the penalty set out in the notice of violation to the Federal Court within 30 days after the day on which the 90-day period expires.
Appeal — no notice of decision
(3) If the Bank does not cause notice of a decision to be issued and served under subsection 83(4) within 90 days after the day on which the Governor received the application for review under subsection 83(1), the individual or entity that filed the application may appeal to the Federal Court the amounts set out in the notice of default referred to in subsection 82(1) within 30 days after the day on which the 90-day period expires.
Powers of Federal Court
(4) On an appeal, the Federal Court may confirm, set aside or, subject to any regulations made under paragraph 101(1)‍(k) or (l), vary the decision.
Rules About Violations
Violations not offences
85 For greater certainty, a violation is not an offence and, accordingly, section 126 of the Criminal Code does not apply in respect of a violation.
Due diligence available
86 (1) Due diligence is a defence in a proceeding in relation to a violation.
Common law principles
(2) Every rule and principle of the common law that renders any circumstance a justification or excuse in relation to a charge for an offence applies in respect of a violation to the extent that it is consistent with this Act.
Liability
87 An individual or entity is liable for a violation that is committed by any of its employees, third-party service providers, or agents or mandataries acting in the course of their employment, their contract or the scope of their authority as agent or mandatary, whether or not the employee, third-party service provider or agent or mandatary that actually committed the violation is identified.
Recovery of Debts
Debts due to Her Majesty
88 (1) The following amounts constitute a debt due to Her Majesty in right of Canada that may be recovered in the Federal Court or any other court of competent jurisdiction:
(a) the amount of the penalty set out in a notice of violation, beginning on the day on which it is required to be paid in accordance with the notice, unless representations are made in accordance with the notice, a compliance agreement is entered into or the decision is appealed;
(b) if representations are made, the amount of the penalty that is imposed by the Governor, beginning on the day specified by the Governor or, if no day is specified, beginning on the day on which the decision is made;
(c) every amount set out in a compliance agreement, beginning on the day on which the compliance agreement is entered into or the day specified in the compliance agreement;
(d) the amount of a penalty set out in a notice of default referred to in subsection 82(1), beginning on the day on which the period specified in the notice expires, unless a review is requested under subsection 83(1);
(e) if a review is requested under subsection 83(1) and the Governor confirms the Bank’s decision, the amount of the penalty set out in the notice of default referred to in subsection 82(1), beginning on the day specified by the Governor or, if no day is specified, beginning on the day on which the Governor’s decision is made, unless the decision is appealed;
(f) the amount of a penalty determined by the Federal Court under subsection 84(4), beginning on the day on which the period specified in the decision for the payment of that amount expires or the day specified in the decision; and
(g) the amount of any costs and expenses referred to in subsection (3).
Limitation or prescription period
(2) Proceedings to recover a debt referred to in subsection (1) may be commenced no later than the fifth anniversary of the day on which the debt becomes payable.
Liability
(3) An individual or entity that is liable to pay the amount of any debt referred to in any of paragraphs (1)‍(a) to (f) is also liable for the amount of any costs and expenses incurred in attempting to recover that amount.
Proceeds payable to Receiver General
(4) A debt referred to in subsection (1) that is paid or recovered is payable to and must be remitted to the Receiver General.
Certificate
89 (1) The unpaid amount of any debt referred to in subsection 88(1) may be certified by the Governor.
Registration in Federal Court
(2) Registration in the Federal Court of a certificate has the same effect as a judgment of that Court for a debt of the amount specified in the certificate and all related registration costs.
General
Limitation or prescription period
90 No notice of violation is to be issued after the second anniversary of the day on which the Bank becomes aware of the acts or omissions that constitute the alleged violation.
Certification by Bank
91 A document purporting to have been issued by the Bank, certifying the day on which the acts or omissions that constitute the alleged violation became known to the Bank, is admissible in evidence without proof of the signature or official character of the person appearing to have signed the document and, in the absence of evidence to the contrary, is proof that the Bank became aware of the acts or omissions on that day.
Evidence
92 In a proceeding in respect of a violation, a notice of violation purporting to be issued under subsection 76(2), a notice of decision purporting to be issued under subsection 78(4) or 83(4), a notice of default purporting to be issued under subsection 82(1) or a certificate purporting to be made under subsection 89(1) is admissible in evidence without proof of the signature or official character of the person appearing to have signed it.
Publication
93 (1) As soon as feasible after a payment service provider is deemed under subsection 78(1) or (3) to have committed a violation or after a notice of decision stating that the payment service provider has committed a violation is served under subsection 78(4), the Bank must make public the nature of the violation, the name of the payment service provider and the amount of any penalty imposed.
Reasons
(2) In making public the nature of a violation, the Bank may include the reasons for its decision to issue the notice of violation and any related decision, including the relevant facts, analysis and considerations that formed part of the decision.
Compliance Orders
Governor’s orders
94 (1) If the Governor is of the opinion that a payment service provider that performs retail payment activities is committing, or is about to commit, an act that could have a significant adverse impact on an individual or entity referred to in subsection (2), the Governor may, by order, direct the payment service provider to
(a) cease or refrain from committing the act or pursuing the course of conduct; and
(b) perform any acts that, in the Governor’s opinion, are necessary to remedy the situation.
Individuals and entities
(2) The individuals and entities are any of the following:
(a) an end user;
(b) a payment service provider that performs retail payment activities, whether or not this Act applies to them; and
(c) a clearing house of a clearing and settlement system, as those expressions are defined in section 2 of the Payment Clearing and Settlement Act, that is designated under subsection 4(1) of that Act.
Opportunity for representations
(3) Subject to subsection (4), no order is to be made in respect of a payment service provider under subsection (1) unless the payment service provider is provided with a opportunity to make representations in respect of the matter.
Temporary order
(4) If, in the Governor’s opinion, the length of time required for representations to be made might be prejudicial to the public interest, the Governor may make a temporary order that has the same effect as an order under subsection (1). The order ceases to have effect 30 days after the day on which it is made or after the expiration of a shorter period that is specified in the order.
Continued effect
(5) A temporary order continues to have effect after the expiration of the 30-day or the shorter period if no representations are made to the Governor within that period or, if representations are made, the Governor notifies the payment service provider that the Governor is not satisfied that there are sufficient grounds for revoking the order.
Court enforcement
95 (1) If an individual or entity is contravening or has contravened a provision of this Act, the regulations or an order made under subsection 94(1) or (4), the Governor may, in addition to any other action that may be taken under this Act, apply to a superior court for an order requiring the individual or entity to cease the contravention or to comply with the provision.
Powers of court
(2) The court may make the order and may make any other order the court thinks fit.
Appeal
(3) An appeal from an order made under subsection (2) lies in the same manner and to the same court as an appeal from any other order of the court.
National Security
National security order
96 (1) The Minister may, by order, direct a payment service provider that performs retail payment activities to take or to refrain from taking any measures related to the performance of retail payment activities if the Minister is of the opinion that it is necessary to do so for reasons related to national security.
Opportunity for representations
(2) Subject to subsection (3), no order is to be made under subsection (1) unless the payment service provider is provided with a opportunity to make representations in respect of the matter.
Temporary order
(3) If, in the Minister’s opinion, the length of time required for representations to be made might be prejudicial to the public interest, the Minister may make a temporary order that has the same effect as an order made under subsection (1). The temporary order ceases to have effect 30 days after the day on which it is made or after the expiration of a shorter period that is specified in the order.
Continued effect
(4) The temporary order continues to have effect after the expiration of the 30-day or the shorter period if no representations are made to the Minister within that period or, if representations are made, the Minister notifies the payment service provider that the Minister is not satisfied that there are sufficient grounds for revoking the order.
Copy to Bank
97 The Minister must provide the Bank with a copy of each order the Minister makes under subsection 96(1) or (3) and the Bank must, as soon as feasible, provide a copy to the individual or entity in question.
Court enforcement
98 (1) If an individual or entity is not complying with an undertaking provided in accordance with section 42, a condition imposed under section 43 or an order made under section 96, the Minister may, in addition to any other action that may be taken under this Act, apply to a superior court for an order requiring the individual or entity to comply with the undertaking, condition or order.
Powers of court
(2) The court may make the order and may make any other order the court thinks fit.
Appeal
(3) An appeal from an order made under subsection (2) lies in the same manner and to the same court as an appeal from any other order of the court.
PART 6 
Assessment Fees
Bank to ascertain expenses
99 (1) The Bank must, before September 30 in each year, ascertain the total amount of expenses incurred by it during the immediately preceding calendar year for or in connection with the administration of this Act and deduct from that amount any registration fees paid to it in that preceding calendar year.
Amount conclusive
(2) The amount ascertained is final and conclusive for the purposes of this section.
Assessment
(3) As soon as feasible after ascertaining the amount, the Bank must, in the prescribed manner and to the prescribed extent, assess a portion of the total amount of expenses against each registered payment service provider.
Interim assessment
(4) The Bank may, during each calendar year, prepare an interim assessment against any registered payment service provider.
Assessment is binding
(5) Every assessment and interim assessment is final and conclusive and binding on the registered payment service provider against which it is made.
Recovery
(6) Every assessment and interim assessment constitutes a debt due to the Bank, is immediately payable and may be recovered as a debt in any court of competent jurisdiction.
Interest
(7) Interest may be charged on the unpaid amount of an assessment or interim assessment at a rate equal to 2% plus the rate in effect that is prescribed under the Income Tax Act for amounts payable by the Minister of National Revenue as refunds of overpayments of tax under that Act.
Information request
100 (1) The Bank may request, in writing, a registered payment service provider to provide, within the prescribed period, the Bank with any information that the Bank considers necessary for the purposes of subsection 99(3) or (4).
Compliance with request
(2) The payment service provider must comply with the request.
PART 7 
Regulations
Regulations
101 (1) The Governor in Council may, on the recommendation of the Minister, make regulations for the purposes of this Act, including regulations
(a) respecting risk management and incident response frameworks;
(b) respecting any account referred to in paragraph 20(1)‍(a) or (c) and the insurance or guarantee referred to in paragraph 20(1)‍(c);
(c) respecting the holding of end-user funds by a payment service provider referred to in subsection 20(1) and the measures to be taken by the payment service provider to ensure that end-user funds or proceeds from any insurance or guarantee referred to in paragraph 20(1)‍(c) are payable to end users in the event of an insolvency or other specified event;
(d) respecting the provision of information in relation to the holding of end-user funds with the Canada Deposit Insurance Corporation or a member institution as in section 2 of the Canada Deposit Insurance Corporation Act;
(e) respecting the acquisition of control for the purposes of section 24;
(f) respecting the circumstances in which information referred to in subsection 64(1) may be used as evidence;
(g) prohibiting, limiting or restricting the disclosure by payment service providers of information referred to in subsection 64(1);
(h) designating, as a violation that may be proceeded with under Part 5, the contravention of a specified provision of this Act or the regulations;
(i) classifying each violation as a minor violation, a serious violation or a very serious violation, classifying a series of minor violations as a serious violation or a very serious violation or classifying a series of serious violations as a very serious violation;
(j) designating, as a violation that may be proceeded with under Part 5, the non-compliance with an agreement entered into under section 71;
(k) establishing a penalty or a range of penalties in respect of a violation up to a maximum of $10,000,000;
(l) if a range of penalties is established by regulations made under paragraph (k), setting out the method of establishing the amount payable as the penalty for the violation, including the criteria to be taken into account;
(m) specifying the additional penalty referred to in paragraph 82(1)‍(b);
(n) respecting the service of documents under Part 5, including the manner and proof of service and the circumstances under which documents are deemed to be served;
(o) respecting the keeping and retention of records; and
(p) prescribing anything that by this Act is to be prescribed.
Registration fee
(2) A registration fee is prescribed for the purposes of subsection 29(2) if a method for determining the amount of the registration fee is prescribed.
Statutory Instruments Act
102 The Statutory Instruments Act does not apply in respect of
(a) an order made under section 19;
(b) a directive issued under section 40;
(c) an order made under section 42 or 43;
(d) a notice issued under section 45;
(e) a directive issued under subsection 46(2) or section 47;
(f) a notice issued under section 52;
(g) an order made under subsection 94(1) or (4); or
(h) an order made under subsection 96(1) or (3).
PART 8 
Transitional Provisions
Definition of transition period
103 In this Part, transition period means the period that begins on the day on which section 29 comes into force and ends on the day before the day on which subsection 25(1) comes into force.
Application required
104 A payment service provider that performs or plans to perform retail payment activities during the transition period must, within the prescribed period that begins on the day on which section 29 comes into force, apply to the Bank for registration in accordance with that section.
Prescribed periods
105 (1) For greater certainty, a regulation that prescribes a period within which something is to be done or may be done under this Act in relation to an application for registration may distinguish between applications that are submitted during the transition period and applications that are submitted after the end of that period.
Period suspended for Centre
(2) If subsection 53.‍6(1) of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act, as enacted by section 181 of the Budget Implementation Act, 2021, No.‍ 1, comes into force before or during the transition period, the 30-day period referred to in that subsection is, in relation to an application for registration that is submitted during the transition period, suspended until the end of the transition period.
Prohibition on disclosure of outcome of application
106 During the transition period, the Bank must not disclose the outcome or likely outcome of an application to the applicant unless a directive in relation to the applicant is issued to the Bank under section 40.
Exception to subsection 62(1)
107 Despite subsection 62(1), the Bank may publish the names of applicants that submit applications during the transition period as well as any prescribed information in relation to those applications.
Non-application of section 23
108 Starting on the day on which section 23 comes into force, that section does not apply to a payment service provider who submits an application during the transition period until the earlier of
(a) the day on which the Bank notifies the payment service provider under subsection 25(2) that it has been registered; and
(b) the day on which the Bank notifies the payment service provider under subsection 48(3) or section 49 of a refusal to register.
Related Amendments
R.‍S.‍, c. C-3
Canada Deposit Insurance Corporation Act
179 Section 45.‍2 of the Canada Deposit Insurance Corporation Act is amended by adding the following after subsection (1):
Information to Governor of the Bank of Canada
(1.‍1) The Corporation may, if it is satisfied that the information will be treated as confidential by the Governor of the Bank of Canada or any officer of the Bank of Canada authorized in writing by the Governor of the Bank of Canada, disclose any information referred to in subsection (1) to the Governor or the designated officer for the purpose of carrying out the Bank of Canada’s objects under the Retail Payment Activities Act or, in relation to any provisions of that Act that are not in force, for the purpose of planning to carry out those objects.
180 Paragraph 45.‍3(3)‍(f) of the Act is replaced by the following:
(f) to the Governor of the Bank of Canada or any officer of the Bank of Canada authorized in writing by the Governor of the Bank of Canada, for the purposes of policy analysis related to the regulation of financial institutions, for the purpose of carrying out the Bank of Canada’s objects under the Retail Payment Activities Act or, in relation to any provisions of that Act that are not in force, for the purpose of planning to carry out those objects;
2000, c. 17; 2001, c. 41, s. 48
Proceeds of Crime (Money Laundering) and Terrorist Financing Act
181 The Proceeds of Crime (Money Laundering) and Terrorist Financing Act is amended by adding the following after section 53.‍5:
Retail Payment Activities Act
53.‍6 (1) The Centre shall, within 30 days after the day on which it receives the information referred to in section 31 of the Retail Payment Activities Act, notify the Bank of Canada if an applicant referred to in that section
(a) has, during the five-year period before the day on which the application was submitted, been found guilty of contravening a provision referred to in section 74, 75 or 76, subsection 77(1) or section 77.‍1 of this Act;
(b) has, during the five-year period before the day on which the application was submitted, been served under subsection 73.‍15(4) of this Act with a notice of a decision or of an imposed penalty in relation to a serious or very serious violation; or
(c) is not registered under this Act.
Information respecting payment service providers
(2) The Centre shall notify the Bank of Canada as soon as feasible if
(a) a payment service provider that is registered, as those expressions are defined in section 2 of the Retail Payment Activities Act, is found guilty of contravening a provision referred to in section 74, 75 or 76, subsection 77(1) or section 77.‍1 of this Act;
(b) under subsection 73.‍15(4) of this Act, the Director causes, in relation to a serious or very serious violation, a notice of a decision or of an imposed penalty to be issued and served on a payment service provider that is registered, as those expressions are defined in section 2 of the Retail Payment Activities Act; or
(c) the Centre revokes the registration under this Act of a payment service provider that is registered, as those expressions are defined in section 2 of the Retail Payment Activities Act.
Reviews and appeals
(3) The Centre shall notify the Bank of Canada as soon as feasible if a finding of guilt referred to in paragraph (2)‍(a) is appealed, if a notice referred to in paragraph (2)‍(b) is appealed or if a revocation of registration referred to in paragraph (2)‍(c) is reviewed or appealed and shall notify the Bank of Canada as soon as feasible of the outcome of the appeal or review.
Exception
(4) The Centre is not required to notify the Bank of Canada of a finding of guilt referred to in paragraph (1)‍(a) or (2)‍(a) or an appeal referred to in subsection (3) if that information is not readily accessible by the Centre.
182 The portion of subsection 55(1) of the Act before paragraph (a) is replaced by the following:
Disclosure by Centre prohibited
55 (1) Subject to subsections (3) and (6.‍1), sections 52, 53.‍4 to 53.‍6, 55.‍1, 56.‍1 and 56.‍2, subsection 58(1) and sections 65 to 65.‍1 and 68.‍1 of this Act and to subsection 12(1) of the Privacy Act, the Centre shall not disclose the following:
183 The Act is amended by adding the following after section 65.‍02:
Disclosure to Bank of Canada
65.‍03 (1) The Centre may disclose to the Bank of Canada any information relating to the compliance with Part 1 or 1.‍1 of persons or entities to whom Part 1 or 1.‍1 applies if the Centre is of the opinion that the information is relevant to the Bank of Canada’s objects under the Retail Payment Activities Act.
Limitation
(2) Any information disclosed by the Centre under subsection (1) may be used by the Bank of Canada only for the purpose of carrying out the Bank of Canada’s objects under the Retail Payment Activities Act or, in relation to a provision of that Act that is not in force, for the purpose of planning to carry out those objects.
Limitation
(3) The Centre shall not disclose any information under subsection (1) that would directly or indirectly identify a client of a person or entity referred to in section 5.
2001, c. 9
Financial Consumer Agency of Canada Act
184 Subsection 17(4) of the Financial Consumer Agency of Canada Act is replaced by the following:
Disclosure permitted
(4) If the Commissioner is satisfied that the information will be treated as confidential by the person to whom it is disclosed, the Commissioner may disclose it to
(a) the Deputy Minister of Finance, or any officer of the Department of Finance authorized in writing by the Deputy Minister of Finance, for the purpose of policy analysis related to the regulation of payment card network operators; or
(b) the Governor of the Bank of Canada, or any officer of the Bank of Canada authorized in writing by the Governor of the Bank of Canada, for the purpose of carrying out the Bank of Canada’s objects under the Retail Payment Activities Act or, in relation to a provision of that Act that is not in force, for the purpose of planning to carry out those objects.
2010, c. 12, s. 1834
Payment Card Networks Act
185 Subsection 5(7) of the Payment Card Networks Act is replaced by the following:
Disclosure permitted
(7) If the Commissioner is satisfied that the information will be treated as confidential by the person to whom it is disclosed, the Commissioner may disclose it to
(a) the Deputy Minister of Finance, or any officer of the Department of Finance authorized in writing by the Deputy Minister of Finance, for the purpose of policy analysis related to the regulation of payment card network operators; or
(b) the Governor of the Bank of Canada, or any officer of the Bank of Canada authorized in writing by the Governor of the Bank of Canada, for the purpose of carrying out the Bank of Canada’s objects under the Retail Payment Activities Act or, in relation to a provision of that Act that is not in force, for the purpose of planning to carry out those objects.
Coordinating Amendments
This Act
186 On the first day on which both subsection 168(1) and section 182 of this Act are in force, the portion of subsection 55(1) of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act before paragraph (a) is replaced by the following:
Disclosure by Centre prohibited
55 (1) Subject to subsections (3) and (6.‍1), sections 52, 53.‍1, 53.‍4 to 53.‍6, 55.‍1, 56.‍1 and 56.‍2, subsection 58(1) and sections 58.‍1, 65 to 65.‍1 and 68.‍1 of this Act and to subsection 12(1) of the Privacy Act, the Centre shall not disclose the following:
2018, c. 12
187 On the first day on which both section 202 of the Budget Implementation Act, 2018, No. 1 and section 20 of the Retail Payment Activities Act, as enacted by section 178 of this Act, are in force, the definition professional trustee in section 2 of the Canada Deposit Insurance Corporation Act is amended by striking out “or” at the end of paragraph (e), by adding “or” at the end of paragraph (f) and by adding the following after paragraph (f):
(g) a payment service provider that is registered as those expressions are defined in section 2 of the Retail Payment Activities Act. (fiduciaire professionnel)
Coming into Force
Order in council
188 (1) The provisions of the Retail Payment Activities Act, as enacted by section 178 of this Act, other than sections 1 to 10, 12 to 16 and 61, subsections 62(1), (3) and (4) and section 63, come into force on a day or days to be fixed by order of the Governor in Council.
Order in council
(2) Sections 181 and 182 come into force on a day or days to be fixed by order of the Governor in Council.
DIVISION 9 
R.‍S.‍, c. 32 (2nd Supp.‍)
Pension Benefits Standards Act, 1985
Amendments to the Act
189 Section 10 of the Pension Benefits Standards Act, 1985 is amended by adding the following after subsection (6):
Funding and governance policies
(7) The administrator of a negotiated contribution plan must, before the plan is filed for registration, establish a funding policy and a governance policy that contain the prescribed information.
Filing not required
(8) The administrator is not required, for the purposes of subsection (1), to file the funding policy and the governance policy established under subsection (7) or to file any amendment to those policies for the purposes of subsection 10.‍1(1).
Compliance of policies
(9) While the plan remains in force, the administrator must ensure that the funding policy and the governance policy established under subsection (7) comply with this Act and the regulations.
Transitional provision
(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) comes into force must, within one year after that day, establish the policies referred to in subsection (7).
190 (1) The portion of paragraph 10.‍1(2)‍(a) of the Act before subparagraph (i) is replaced by the following:
(a) with respect to a pension plan, it would have the effect of reducing
(2) Paragraphs 10.‍1(2)‍(b) to (d) of the Act are replaced by the following:
(b) with respect to a pension plan other than a negotiated contribution plan,
(i) the solvency ratio of the pension plan would fall below the prescribed solvency ratio level,
(ii) the amendment would reduce the solvency ratio of the pension plan and the solvency ratio would be below the prescribed solvency ratio level once the amendment is made, or
(iii) the solvency ratio of the pension plan is below the prescribed solvency ratio level and the amendment would increase pension benefits or pension benefit credits; or
(c) with respect to a negotiated contribution plan, the amendment does not meet the requirements of the regulations.
191 Subsection 39(1) of the Act is amended by adding the following after paragraph (h.‍2):
(h.‍3) respecting, for the purposes of paragraph 10.‍1(2)‍(c), amendments referred to in section 10.‍1 regarding negotiated contribution plans;
Coming into Force
Order in council
192 This Division comes into force on a day to be fixed by order of the Governor in Council.
DIVISION 10 
2005, c. 9; 2012, c. 19, s. 658
First Nations Fiscal Management Act
193 The First Nations Fiscal Management Act is amended by adding the following after section 88:
Assignment — revenues payable by Her Majesty
88.‍1 (1) Despite section 67 of the Financial Administration Act and anything else in federal or provincial law, a borrowing member may, for the purposes of paragraph 74(b), assign the rights to any of the other revenues referred to in that paragraph that are payable to the borrowing member by Her Majesty in right of Canada.
Assignment not binding
(2) An assignment referred to in subsection (1) is not binding on Her Majesty in right of Canada and, without limiting the generality of the foregoing,
(a) a minister of, or other person acting on behalf of, Her Majesty in right of Canada is not required to pay to the assignee the assigned revenues;
(b) the assignment does not create any liability of Her Majesty in right of Canada to the assignee; and
(c) the rights of the assignee are subject to all rights of set-off or compensation in favour of Her Majesty in right of Canada.
DIVISION 11 
R.‍S.‍, c. F-8; 1995, c. 17, s. 45
Federal-Provincial Fiscal Arrangements Act (Fiscal Stabilization Payments)
Amendments to the Act
194 (1) Paragraph (a) of the description of C in subsection 6(1) of the Federal-Provincial Fiscal Arrangements Act is replaced by the following:
(a) 95%, if the natural resource revenue of the province for the fiscal year is greater than 95% of the natural resource revenue of the province for the preceding fiscal year,
(2) Paragraph (a) of the description of E in subsection 6(1) of the Act is replaced by the following:
(a) one, if the natural resource revenue of the province for the fiscal year is either greater than 95% of the natural resource revenue of the province for the preceding fiscal year or less than one half of the natural resource revenue of the province for the preceding fiscal year, or
(3) Paragraph 6(4)‍(b) of the Act is replaced by the following:
(b) despite subsection (5), the value of the additional tax abatement units as determined in accordance with subsection 27(2).
(4) Paragraphs 6(5)‍(b) and (c) of the Act are replaced by the following:
(b) the province’s revenue for the fiscal year derived from personal income taxes, described in paragraph (a) of the definition revenue source in subsection 3.‍9(1), is deemed to be the total amount, determined in accordance with the regulations, of the provincial personal income taxes that are payable as the result of assessments or reassessments made in the calendar year that begins in the fiscal year; and
(c) the province’s revenue for the fiscal year derived from that part of the revenue source described in paragraph (b) of the definition revenue source in subsection 3.‍9(1) that consists of corporation income taxes is deemed to be the amount, determined in accordance with the regulations, of the provincial corporation income taxes that are payable as the result of assessments or reassessments made in the calendar year that begins in the fiscal year.
(5) Subsections 6(7) and (8) of the Act are replaced by the following:
Application by province for payment
(7) A fiscal stabilization payment may be paid to a province for a fiscal year only on receipt by the Minister, not later than the end of the next fiscal year, of an application by the province containing any information that may be prescribed.
Limit
(8) Subject to subsection (9), for each fiscal year that begins after March 31, 2019, the maximum amount of the fiscal stabilization payment that may be paid to a province is the amount obtained by multiplying the population of the province for the fiscal year by the amount determined by the formula
A × B ÷ C
where
A
is $166;
B
is the highest per capita nominal gross domestic product of Canada of any calendar year from 2018 to the calendar year that ends during the fiscal year, inclusive; and
C
is the per capita nominal gross domestic product of Canada for the calendar year 2018.
Population
(8.‍1) For the purposes of subsection (8),
(a) the population of a province for a fiscal year is its population as of July 1 of that year, based on the most recent information that has been prepared by Statistics Canada in accordance with the regulations; and
(b) the per capita nominal gross domestic product of Canada for a calendar year is to be determined by the Minister using the population of Canada as of July 1 of that year, based on the most recent information for the population that has been prepared by Statistics Canada in accordance with the regulations.
195 (1) Paragraph 40(a.‍1) of the Act is replaced by the following:
(a.‍1) respecting the information that must be prepared and submitted by the Chief Statistician of Canada for the purposes of Parts I, I.‍1, II and V.‍1;
(2) Section 40 of the Act is amended by adding the following after paragraph (a.‍3):
(a.‍4) respecting the determination of the amounts for the purposes of paragraphs 6(5)‍(b) and (c);
Transitional Provision
Continuation
196 The following continue to apply with respect to fiscal stabilization payments for the fiscal years beginning on April 1, 2019 and April 1, 2020:
(a) subsection 6(1), paragraphs 6(4)‍(b) and (5)‍(b) and (c) and subsection 6(7) of the Federal-Provincial Fiscal Arrangements Act, as they read immediately before the day on which this Act receives royal assent; and
(b) any regulations made under that Act that apply in respect of any of those subsections and paragraphs, as the regulations read immediately before that day.
DIVISION 12 
R.‍S.‍, c. F-8; 1995, c. 17, s. 45
Federal-Provincial Fiscal Arrangements Act (Additional Health Payments)
197 The Federal-Provincial Fiscal Arrangements Act is amended by adding the following after section 24.‍71:
Additional Payments
Total payment of $4 billion
24.‍72 The Minister may pay an additional cash payment equal to
(a) for Ontario, $1,550,847,000;
(b) for Quebec, $902,412,000;
(c) for Nova Scotia, $103,022,000;
(d) for New Brunswick, $82,196,000;
(e) for Manitoba, $145,208,000;
(f) for British Columbia, $541,788,000;
(g) for Prince Edward Island, $16,792,000;
(h) for Saskatchewan, $124,089,000;
(i) for Alberta, $465,330,000;
(j) for Newfoundland and Labrador, $55,009,000;
(k) for Yukon, $4,427,000;
(l) for the Northwest Territories, $4,756,000; and
(m) for Nunavut, $4,124,000.
DIVISION 13 
Canada’s COVID-19 Immunization Plan
Total payment of $1 billion
198 (1) The Minister of Finance may make the following payments to the provinces and territories in respect of Canada’s COVID-19 immunization plan:
(a) to Ontario, $387,712,000;
(b) to Quebec, $225,603,000;
(c) to Nova Scotia, $25,755,000;
(d) to New Brunswick, $20,549,000;
(e) to Manitoba, $36,302,000;
(f) to British Columbia, $135,447,000;
(g) to Prince Edward Island, $4,198,000;
(h) to Saskatchewan, $31,022,000;
(i) to Alberta, $116,333,000;
(j) to Newfoundland and Labrador, $13,752,000;
(k) to Yukon, $1,107,000;
(l) to the Northwest Territories, $1,189,000; and
(m) to Nunavut, $1,031,000.
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 that the Minister of Finance considers appropriate.
DIVISION 14 
Canada Community-Building Fund
Additional Payments
Maximum payment of $2.‍2 billion
199 Despite section 161 of the Keeping Canada’s Economy and Jobs Growing Act, as amended by section 233 of the Economic Action Plan 2013 Act, No. 1 and paragraph 375(1)‍(i) of the Budget Implementation Act, 2019, No. 1, there may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister of Infrastructure and Communities or the Minister of Indigenous Services, in accordance with terms and conditions approved by the Treasury Board, in addition to the sum referred to in that section 161, a sum not exceeding $2,200,000,000 to provinces, territories, municipalities, municipal associations, provincial, territorial and municipal entities and First Nations for the purpose of municipal, regional and First Nations infrastructure.
2011, c. 24
Keeping Canada’s Economy and Jobs Growing Act
200 The heading of Part 9 of the Keeping Canada’s Economy and Jobs Growing Act is replaced by the following:
Canada Community-Building Fund — Financing Municipal Infrastructure
DIVISION 15 
Hibernia Dividend Backed Annuity Agreement
Maximum amount of $3,056,491,000
201 (1) There may be paid out of the Consolidated Revenue Fund, on the requisition of the Minister of Finance and in accordance with the terms and conditions provided for in the agreement, the annual payments to be made to Newfoundland and Labrador, to a maximum amount of $3,056,491,000.
Sunset provision
(2) A payment out of the Consolidated Revenue Fund must not be made under this section after March 31, 2057.
Definition of agreement
(3) In this section, agreement means the Hibernia Dividend Backed Annuity Agreement entered into between Her Majesty in right of Canada and Her Majesty in right of Newfoundland and Labrador and dated April 1, 2019.
DIVISION 16 
2005, c. 30, s. 85
Nova Scotia and Newfoundland and Labrador Additional Fiscal Equalization Offset Payments Act
202 Section 12 of the Nova Scotia and Newfoundland and Labrador Additional Fiscal Equalization Offset Payments Act is amended by adding the following after subsection (2):
Additional fiscal equalization offset payment for 2020–2021
(3) For the 2020-2021 fiscal year, the Minister shall make an additional fiscal equalization offset payment to the Province in the amount of $85,626,000.
Extension of Canada–Nova Scotia Arrangement for 2021–2023
(4) For any fiscal year between April 1, 2021 and March 31, 2023, the Minister shall make additional fiscal equalization offset payments to the Province, determined in accordance with the formula set out in section 8, if the Province receives a fiscal equalization payment for that fiscal year.
DIVISION 17 
1993, c. 38
Telecommunications Act
203 The Telecommunications Act is amended by adding the following after section 46.‍5:
Non-application of sections 12 and 62
46.‍6 Sections 12 and 62 do not apply in respect of a decision of the Commission, made on or after the day on which this section comes into force, on whether or not to allocate funding from a fund referred to in section 46.‍5 to expand access to telecommunications services in underserved areas.
Review of funding decisions
46.‍7 The Commission may, on its own motion, review and rescind or vary a decision made by it on whether or not to allocate funding from a fund referred to in section 46.‍5 to expand access to telecommunications services in underserved areas or re-hear a matter before rendering such a decision.
Request from federal minister or agency
46.‍8 (1) The Commission shall, on request, provide a federal minister, other than the Minister, or an agency of the Government of Canada with any information that is submitted to the Commission in the course of a proceeding before it relating to the allocation of funding from a fund referred to in section 46.‍5 to expand access to telecommunications services in underserved areas.
Restriction
(2) The minister or agency may make a request only if the minister or agency is authorized to provide financial support for access to telecommunications services in underserved areas and the minister or agency considers the information to be relevant to coordinating that financial support.
Use
(3) The minister or agency may use information received under subsection (1) only for the purpose of coordinating financial support for access to telecommunications services in underserved areas.
Confidentiality and disclosure
(4) The minister or agency shall treat information received under subsection (1) as confidential but may disclose it for the purpose referred to in subsection (3)
(a) to the Minister;
(b) to any minister or agency that is entitled to make a request under this section; and
(c) with the approval of the Commission, to any minister or agency that is entitled to make a request under section 46.‍9.
Use, confidentiality and disclosure
(5) A minister or agency to whom information is disclosed under subsection (4) may use the information only for the purpose referred to in subsection (3). The minister or agency shall treat the information as confidential but may disclose it in accordance with subsection (4).
Request from provincial minister or agency
46.‍9 (1) The Commission may, on request, provide a provincial minister or a provincial government agency with any information that is submitted to the Commission in the course of a proceeding before it relating to the allocation of funding from a fund referred to in section 46.‍5 to expand access to telecommunications services in underserved areas if providing the information would not, in the opinion of the Commission, advantage the provincial government or provincial government agency concerned.
Restriction
(2) The minister or agency may make a request only if the minister or agency is authorized to provide financial support for access to telecommunications services in underserved areas and the minister or agency considers the information to be relevant to coordinating that financial support.
Use
(3) The minister or agency may use information received under subsection (1) only for the purpose of coordinating financial support for access to telecommunications services in underserved areas.
Confidentiality and disclosure
(4) The minister or agency shall treat information received under subsection (1) as confidential but may disclose it for the purpose referred to in subsection (3)
(a) to the Minister;
(b) to any minister or agency that is entitled to make a request under section 46.‍8; and
(c) with the approval of the Commission, to any minister or agency that is entitled to make a request under this section.
Use, confidentiality and disclosure
(5) A minister or agency to whom information is disclosed under subsection (4) may use the information only for the purpose referred to in subsection (3). The minister or agency shall treat the information as confidential but may disclose it in accordance with subsection (4).
Status of application for funding
46.‍91 (1) The Commission shall, on request, provide the Minister with information concerning the status of any application submitted to it for the allocation of funding from a fund referred to in section 46.‍5 to expand access to telecommunications services in underserved areas.
Restriction
(2) The Minister may make a request only if the Minister considers the information to be relevant to coordinating financial support for access to telecommunications services in underserved areas.
Use
(3) The Minister may use information received under subsection (1) only for the purpose of coordinating financial support for access to telecommunications services in underserved areas.
Confidentiality and disclosure
(4) The Minister shall treat information received under subsection (1) as confidential but may disclose it for the purpose referred to in subsection (3)
(a) to any minister or agency that is entitled to make a request under section 46.‍8; and
(b) with the approval of the Commission, to any minister or agency that is entitled to make a request under section 46.‍9.
Disclosure not waiver
(5) The disclosure of information under subsection (1) or (4) does not, by itself, constitute a waiver of any privilege that may exist with respect to the information.
204 Section 62 of the French version of the Act is replaced by the following:
Révision des décisions
62 Le Conseil peut, sur demande ou de sa propre initiative, réviser, annuler ou modifier ses décisions, ou entendre à nouveau une question avant de rendre de telles décisions.
DIVISION 18 
1998, c. 36
Canada Small Business Financing Act
Amendments to the Act
205 (1) The definition loan in section 2 of the Canada Small Business Financing Act is replaced by the following:
loan means a loan, including a line of credit, that meets the conditions set out in subsection 4(1) and is made to a borrower that meets the criteria set out in subsection 4(2).‍ (prêt)
(2) The portion of the definition small business in section 2 of the Act before paragraph (a) is replaced by the following:
small business means a business carried on or about to be carried on in Canada with an estimated gross annual revenue
(3) The portion of the definition small business in section 2 of the Act after paragraph (b) is replaced by the following:
It does not include the business of farming.‍ (petite entreprise)
206 (1) Subsection 4(2) of the Act is amended by striking out “and” at the end of paragraph (c) and by replacing paragraph (d) with the following:
(d) in the case of a loan made after June 22, 2015 but before the day on which paragraph (e) comes into force, the outstanding loan amount in relation to the borrower does not exceed $1,000,000 or any prescribed lesser amount, of which a maximum of $350,000 or any prescribed lesser amount is for a purpose other than the purchase or improvement of real property or immovables of which the borrower is or will become the owner; and
(e) in the case of a loan made on or after the day on which this paragraph comes into force, the outstanding loan amount in relation to the borrower does not exceed $1,150,000 or any prescribed lesser amount, of which maximum amounts may be prescribed for a loan other than a line of credit, a line of credit and prescribed classes of loans.
(2) Subsection 4(3) of the Act is replaced by the following:
Meaning of outstanding loan amount
(3) The outstanding loan amount referred to in any of paragraphs (2)‍(b) to (e) is the aggregate of the amount of the proposed loan and the principal amount outstanding, in respect of the borrower and all borrowers that are related to that borrower within the meaning of the regulations, of all loans made under this Act and guaranteed business improvement loans made under the Small Business Loans Act.
207 (1) Subsection 6(1) of the Act is replaced by the following:
Program liability ceiling
6 (1) The Minister is not liable to make any payment to a lender in respect of a loss sustained by it as a result of a loan made and registered after the Minister’s aggregate contingent liability in respect of the aggregate amount of the loans made by all lenders and registered by the Minister during each consecutive five-year period, starting with the period beginning on April 1, 1999, has exceeded $1.‍5 billion or any other amount that is provided by an appropriation Act or another Act of Parliament.
(2) Subsection 6(2) of the Act is replaced by the following:
Limitation of liability in respect of each lender — loans other than lines of credit
(2) The liability of the Minister to make any payment to a lender in respect of losses sustained by it as a result of loans, other than lines of credit, made by it and registered by the Minister during each consecutive five-year period, starting with the period beginning on April 1, 1999, is limited to the total of
(a) 90%, or any prescribed lesser percentage, of that part of the aggregate principal amount of the loans — other than lines of credit — made by it during that period that does not exceed $250,000,
(b) 50%, or any prescribed lesser percentage, of that part of the aggregate principal amount of the loans — other than lines of credit — made by it during that period that exceeds $250,000 but does not exceed $500,000,
(c) 10%, or any prescribed lesser percentage, of that part of the aggregate principal amount of the loans — other than lines of credit — made by it before April 1, 2009 that exceeds $500,000, and
(d) 12%, or any prescribed lesser percentage, of that part of the aggregate principal amount of the loans — other than lines of credit — made by it after March 31, 2009 that exceeds $500,000.
Limitation of liability in respect of each lender — lines of credit
(3) The liability of the Minister to make any payment to a lender in respect of losses sustained by it as a result of lines of credit authorized by it and registered by the Minister during each consecutive five-year period, starting with the period beginning on April 1, 2019, is limited to the total of 15%, or any prescribed lesser percentage, of the aggregate amount of the lines of credit authorized by it.
208 Subsection 7(1) of the Act is amended by striking out “and” at the end of paragraph (b) and by replacing paragraph (c) with the following:
(c) in the case of a loan made after June 22, 2015 but before the day on which paragraph (d) comes into force, $1,000,000 or any prescribed lesser amount, of which a maximum of $350,000 or any prescribed lesser amount is for a purpose other than the purchase or improvement of real property or immovables of which the borrower is or will become the owner; and
(d) in the case of a loan made on or after the day on which this paragraph comes into force, $1,150,000 or any prescribed lesser amount, of which maximum amounts may be prescribed for a loan other than a line of credit, a line of credit and prescribed classes of loans.
Coming into Force
Order in council
209 This Division, other than subsections 205(2) and (3) and 207(1), comes into force on a day to be fixed by order of the Governor in Council.
DIVISION 19 
R.‍S.‍, c. 1 (2nd Supp.‍)
Customs Act
Amendments to the Act
210 Subsection 32.‍2(3) of the Customs Act is replaced by the following:
Correction treated as re-determination
(3) A correction made under this section after the prescribed day is to be treated for the purposes of this Act as if it were a re-determination under paragraph 59(1)‍(a).
211 Section 33.‍4 of the Act is replaced by the following:
Interest
33.‍4 (1) Subject to the regulations, any person who is liable to pay an amount of duties in respect of imported goods shall pay, in addition to the amount, interest at the specified rate, calculated on the outstanding balance of the amount,
(a) in the case of goods released prior to the accounting required under subsection 32(1), for the period beginning on the day after the prescribed day and ending on the day on which the amount has been paid in full; and
(b) in the case of all other goods, for the period beginning on the day after the day on which the person became liable to pay the amount and ending on the day on which the amount has been paid in full.
Restriction — prescribed day
(2) The prescribed day referred to in paragraph (1)‍(a) falls
(a) at the earliest, on the 12th day after the end of the period that begins on the 18th day of a month and ends on the 17th day of the following month and that includes the earlier of
(i) the day on which the goods in question are accounted for, and
(ii) the last day on which those goods are required to be accounted for; and
(b) at the latest, on the 18th day after the end of the period referred to in paragraph (a).
Regulations — interest-free period
(3) The Governor in Council may, on the recommendation of the Minister of Finance, make regulations respecting the circumstances and conditions under which any person who is liable to pay an amount of duties in respect of imported goods is not liable to pay interest on that amount for the period specified in the regulations.
212 Section 35 of the Act is renumbered as subsection 35(1) and is amended by adding the following:
Obligation to satisfy terms and conditions
(2) If a deposit, bond or other security given under subsection (1) is subject to terms and conditions prescribed by regulations made under paragraph 166(1)‍(b), the person who has given the deposit, bond or other security shall satisfy those terms and conditions.
213 Subsection 45(1) of the Act is amended by adding the following in alphabetical order:
sold for export to Canada has the meaning assigned by the regulations.‍ (vendre pour exportation au Canada)
214 Subsections 97.‍22(2) and (3) of the Act are replaced by the following:
Penalty or ascertained forfeiture
(2) Any amount of money demanded as a penalty in a notice of assessment served under section 109.‍3 and any interest payable under section 109.‍5 or any amount of money demanded in a notice served under section 124 and any interest payable under subsection 124(6) is, from and after the time of service, a debt due to Her Majesty in right of Canada from the person on whom the notice is served and the person shall pay that amount on or before the prescribed day or request a decision of the Minister of Public Safety and Emergency Preparedness under section 131 within 90 days after the time of service.
Amounts demanded
(3) Any amount of money demanded under paragraph 133(1)‍(c) or (1.‍1)‍(b) and any interest payable under subsection 133(7) is, from and after the time notice is served under subsection 131(2), a debt due to Her Majesty in right of Canada from the person who requested the decision and the person shall pay the amount so demanded on or before the prescribed day or, if the person appeals the decision of the Minister of Public Safety and Emergency Preparedness under section 135, give security satisfactory to that Minister.
215 The portion of subsection 97.‍34(1) of the Act before paragraph (a) is replaced by the following:
Collection action delayed
97.‍34 (1) If a person is liable for the payment of an amount under this Act, if an amount is demanded in a notice served under section 109.‍3 or 124, or if an amount is demanded under paragraph 133(1)‍(c) or subsection 133(1.‍1) in a notice served under subsection 131(2), the Minister must not, for the purpose of collecting the amount, take the following actions until the 91st day after, in the case of an amount owed under this Act, the day on which notice is given to the debtor or, in the case of an amount demanded in a notice served under section 109.‍3 or 124 or subsection 131(2), the prescribed day:
216 Section 109.‍5 of the Act is replaced by the following:
Interest on penalties
109.‍5 A person on whom a notice of assessment of a penalty has been served under section 109.‍3 shall pay, in addition to the penalty, interest at the prescribed rate for the period beginning on the day after the prescribed day and ending on the day on which the penalty has been paid in full, calculated on the outstanding balance of the penalty.
217 Subsection 124(6) of the Act is replaced by the following:
Interest
(6) A person on whom a notice of ascertained forfeiture has been served shall pay, in addition to the amount set out in the notice, interest at the prescribed rate for the period beginning on the day after the prescribed day and ending on the day on which the amount is paid in full, calculated on the outstanding balance.
218 Subsection 133(7) of the Act is replaced by the following:
Interest
(7) If an amount of money is demanded under paragraph (1)‍(c) or (1.‍1)‍(b), the person to whom the demand is made shall pay the amount demanded together with interest at the prescribed rate for the period beginning on the day after the prescribed day and ending on the day on which the amount has been paid in full, calculated on the outstanding balance of the amount.
Coming into Force
Order in council
219 The provisions of this Division come into force on a day or days to be fixed by order of the Governor in Council.
DIVISION 20 
2020, c. 1
Canada–United States–Mexico Agreement Implementation Act
220 Section 16 of the Canada–United States–Mexico Agreement Implementation Act is replaced by the following:
Powers of Minister — Chapter 10 of Agreement
16 (1) The Minister, with the concurrence of the Minister of Finance, may
(a) appoint panellists in accordance with paragraphs 2 and 3 of Annex 10-B.‍1 of the Agreement;
(b) appoint a committee member in accordance with paragraph 1 of Annex 10-B.‍3 of the Agreement; and
(c) propose the names of individuals for a roster referred to in Annex 10-B.‍1 or 10-B.‍3 of the Agreement.
Powers of Minister — Chapter 31 of Agreement
(2) The Minister may
(a) appoint panellists in accordance with Article 31.‍9 of the Agreement;
(b) propose the names of individuals for a roster referred to in Article 31.‍8 of the Agreement; and
(c) propose the names of individuals for the lists referred to in Article 31-B.‍3 of Annex 31-B of the Agreement.
DIVISION 21 
Social Security Tribunal
2005, c. 34; 2013, c. 40, s. 205
Department of Employment and Social Development Act
221 Section 45 of the Department of Employment and Social Development Act is amended by adding the following after subsection (5):
Completion of ongoing matters
(6) An individual who ceases to be a member for any reason other than removal may, at the request of the Chairperson, 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 Tribunal 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.
222 The Act is amended by adding the following after section 45:
Chairperson
45.‍1 (1) The Chairperson
(a) must take any action that is necessary to ensure that the members of the Tribunal carry out their duties and functions efficiently and without undue delay;
(b) may issue guidelines in writing to members of the Tribunal and identify decisions of the Tribunal as jurisprudential guides, to assist members in carrying out their duties; and
(c) may designate, from among the full-time members of the Tribunal, coordinating members to assist the Vice-chairpersons.
Rules
(2) The Chairperson may, with the approval of the Minister, make rules respecting the procedure to be followed on applications made or appeals brought to the Tribunal.
Statutory Instruments Act
(3) Guidelines issued by the Chairperson under paragraph (1)‍(b) are not statutory instruments for the purposes of the Statutory Instruments Act.
223 The Act is amended by adding the following after section 50:
Competence and compellability
50.‍1 A member of the Tribunal is 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 Tribunal.
224 Subsection 52(2) of the French version of the Act is replaced by the following:
Délai supplémentaire
(2) La division générale peut proroger le délai pour interjeter appel; cependant, cet appel ne peut en aucun cas être interjeté plus d’un an suivant la date où l’appelant a reçu communication de la décision.
225 Section 53 of the Act is repealed.
226 Subsection 54(2) of the Act is replaced by the following:
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 and the Minister or the Commission, as the case may be, and any other party.
227 Subsection 56(2) of the Act is repealed.
228 Section 57 of the Act is replaced by the following:
Appeal — time limit
57 (1) An application for leave to appeal must be made to the Appeal Division in the prescribed form and manner and within
(a) in the case of a decision made by the Employment Insurance Section, 30 days after the day on which the decision and reasons are communicated in writing to the appellant; and
(b) in the case of a decision made by the Income Security Section, 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.
229 (1) The portion of subsection 58(1) of the Act before paragraph (b) is replaced by the following:
Grounds of appeal — Employment Insurance Section
58 (1) The only grounds of appeal of a decision made by the Employment Insurance Section are that the Section
(a) failed to observe a principle of natural justice or otherwise acted beyond or refused to exercise its jurisdiction;
(2) Paragraphs 58(1)‍(b) and (c) of the English version of the Act are replaced by the following:
(b) erred in law in making its decision, whether or not the error appears on the face of the record; or
(c) 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.
(3) Subsections 58(3) to (5) of the Act are repealed.
230 The Act is amended by adding the following after section 58:
Leave to appeal — Income Security Section
58.‍1 Leave to appeal a decision made by the Income Security Section is to be granted if the application for leave to appeal
(a) raises an arguable case that the Section 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 Section erred in law, in fact or in mixed law and fact, in making its decision; or
(c) sets out evidence that was not presented to the Section.
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.
Leave refused
(2) If the Appeal Division refuses leave, it must give its decision in writing, with reasons, and send copies of the decision and reasons to the appellant and any other party.
Leave granted
(3) If the Appeal Division grants leave, it must give its decision in writing and send copies of the decision to the appellant and any other party. At the request of the appellant or any other party made within 10 days after the day on which the decision is communicated to the appellant or other party, as the case may be, the Appeal Division must send written reasons for its decision to the appellant and any other party.
Judicial review
(4) The period within which to apply for judicial review with respect to a decision of the Appeal Division to grant leave is calculated from the day on which the decision is communicated to the appellant or other party, as the case may be, or the day on which the reasons are communicated to the appellant or other party, as the case may be, whichever is later.
Notice of appeal
(5) If leave to appeal is granted, the application for leave to appeal becomes the notice of appeal and is deemed to have been filed on the day on which the application for leave to appeal was filed.
Hearing de novo — Income Security Section
58.‍3 An appeal to the Appeal Division of a decision made by the Income Security Section is to be heard and determined as a new proceeding.
231 (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 Employment Insurance Section for reconsideration in accordance with any directions that the Appeal Division considers appropriate.
(2) Subsection 59(2) of the English version of the Act is replaced by the following:
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.
232 Sections 61 and 62 of the Act are replaced by the following:
Tribunal sittings
61 Every application made or appeal brought to the Tribunal is to be heard before a single member unless the Chairperson is of the opinion that a panel of three members should be constituted.
Tribunal hearings
62 All or part of a Tribunal hearing may be held in private in the circumstances provided for in the regulations.
233 The Act is amended by adding the following after section 63:
Representation of party
63.‍1 A party may, at their own expense, be represented by a representative of their choice.
234 (1) Subsection 64(1) of the Act is replaced by the following:
Powers of tribunal
64 (1) The Tribunal may decide any question of law or fact that is necessary for the disposition of any application made or appeal brought under this Act.
(2) The portion of subsection 64(2) of the Act before paragraph (a) is replaced by the following:
Canada Pension Plan
(2) Despite subsection (1), in the case of an application or appeal relating to the Canada Pension Plan, the Tribunal may only decide questions of law or fact as to
(3) Subsection 64(3) of the Act is replaced by the following:
Employment Insurance Act
(3) 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.
235 (1) Section 65 of the Act is amended by adding the following after paragraph (a):
(a.‍1) an appeal in respect of a death benefit, within the meaning of the Canada Pension Plan, payable to the estate or succession of a deceased contributor;
(a.‍2) an appeal in respect of a disabled contributor’s child’s benefit, within the meaning of the Canada Pension Plan, payable to each child of a disabled contributor;
(a.‍3) an appeal in respect of an orphan’s benefit, within the meaning of the Canada Pension Plan, payable to each orphan of a deceased contributor;
(2) Section 65 of the Act is amended by striking out “or” at the end of paragraph (b) and by adding the following after paragraph (c):
(d) an appeal in respect of an allowance, as defined in section 2 of the Old Age Security Act, payable to the spouse, common-law partner or former common-law partner of a pensioner; or
(e) an appeal in respect of a supplement, as defined in section 2 of the Old Age Security Act, payable to a pensioner whose spouse, common-law partner or former common-law partner is a beneficiary of a supplement or an allowance.
236 Sections 66 to 68 of the Act are 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), 58.‍2(1) and 59(1).
Decision final
68 The decision of the Tribunal on any application made or appeal brought under this Act is final and, except for judicial review under the Federal Courts Act, is not subject to appeal to or review by any court.
Annual report
68.‍1 The Chairperson must, within three months after the end of each fiscal year, submit to the Minister a report on the Tribunal’s performance during that fiscal year.
237 (1) Paragraph 69(a) of the Act is replaced by the following:
(a) the procedure to be followed on applications made or appeals brought to the Tribunal;
(a.‍1) the circumstances in which a hearing may be held in private;
(2) Paragraph 69(c) of the Act is replaced by the following:
(c) the time within which the Tribunal must make a decision under subsections 54(1), 58.‍2(1) and 59(1);
R.‍S.‍, c. F-7; 2002, c. 8, s. 14
Consequential Amendment to the Federal Courts Act
238 Paragraph 28(1)‍(g) of the Federal Courts Act, as enacted by subsection 272(2) of the Jobs, Growth and Longterm Prosperity 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 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 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;
Transitional Provisions
Definitions
239 The following definitions apply in this section and sections 240 to 244.
Appeal Division means the Appeal Division of the Tribunal.‍ (division d’appel)
former Act means the Department of Employment and Social Development Act as it read immediately before the day on which this Division comes into force.‍ (ancienne loi)
General Division means the General Division of the Tribunal.‍ (division générale)
Income Security Section means the Income Security Section of the General Division of the Tribunal.‍ (section de la sécurité du revenu)
new Act means the Department of Employment and Social Development Act as it reads on the day on which this Division comes into force.‍ (nouvelle loi)
Tribunal means the Social Security Tribunal established under section 44 of the Department of Employment and Social Development Act.‍ (Tribunal)
Clarification — immediate application
240 For greater certainty, but subject to sections 241 to 243, the new Act applies in respect of applications and appeals that are ongoing on the day on which this Division comes into force.
Time limit for appeals — summary dismissal
241 (1) An appeal of a decision made by the General Division under section 53 of the former Act must be brought to the Appeal Division within 90 days after the day on which this Division comes into force. Despite subsection 56(1) of the new Act, no leave is necessary.
Appeals — summary dismissal
(2) An appeal of a decision made by the General Division under section 53 of the former Act that is ongoing on the day on which this Division comes into force, or that is referred to in subsection (1), is to be dealt with by the Appeal Division in accordance with subsections 58(1) and 59(1) of the former Act. Section 58.‍3 of the new Act does not apply in respect of the appeal.
Federal Court
(3) Despite paragraph 28(1)‍(g.‍1) of the Federal Courts Act, the Federal Court has jurisdiction to hear and determine applications for judicial review of a decision of the Appeal Division that relates to an appeal brought under subsection 53(3) of the former Act or that is referred to in subsection (1).
Judicial review
(4) If, following a judicial review referred to in subsection (3), the Federal Court refers the matter back to the Appeal Division, the matter is to be dealt with by the Appeal Division in accordance with subsections 58(1) and 59(1) of the former Act. Section 58.‍3 of the new Act does not apply in respect of the matter.
Applications under section 66 of former Act
242 (1) An application under section 66 of the former Act that is ongoing before the General Division or Appeal Division on the day on which this Division comes into force is to be dealt with in accordance with that section 66.
Referral back to General Division
(2) If, following an appeal of a decision made by the General Division under section 66 of the former Act, the Appeal Division refers the matter back to the General Division, the matter is to be dealt with in accordance with that section 66.
Applications for leave to appeal — decision under section 66 of former Act
(3) An application for leave to appeal a decision made by the General Division under section 66 of the former Act is to be dealt with by the Appeal Division in accordance with subsections 58(1) and (2) of the former Act.
Appeals — decisions under section 66 of former Act
(4) If leave to appeal is granted, the appeal is to be dealt with in accordance with subsections 58(1) and 59(1) of the former Act and, in the case where the Appeal Division decides under that subsection 59(1) to give the decision that the General Division should have given, the appeal is also to be dealt with in accordance with section 66 of the former Act. Section 58.‍3 of the new Act does not apply in respect of the appeal.
Judicial review — leave to appeal
(5) If, following a judicial review of a decision of the Appeal Division referred to in subsection (3), the Federal Court refers the matter back to the Appeal Division, the matter is to be dealt with by the Appeal Division in accordance with subsections 58(1) and (2) of the former Act.
Judicial review — appeals
(6) If, following a judicial review of a decision of the Appeal Division referred to in subsection (4), the Federal Court of Appeal refers the matter back to the Appeal Division, the matter is to be dealt with by the Appeal Division in accordance with subsections 58(1) and 59(1) of the former Act and, in the case where the Appeal Division decides under that subsection 59(1) to give the decision that the General Division should have given, the matter is also to be dealt with in accordance with section 66 of the former Act. Section 58.‍3 of the new Act does not apply in respect of the matter.
Applications for leave to appeal — Income Security Section
243 (1) An application for leave to appeal a decision of the Income Security Section that is ongoing on the day on which this Division comes into force is to be dealt with by the Appeal Division in accordance with subsections 58(1) and (2) of the former Act.
Ongoing appeals
(2) An appeal of a decision of the Income Security Section that is ongoing on the day on which this Division comes into force, or an appeal that results from an application for leave to appeal referred to in subsection (1) that is granted, is to be dealt with in accordance with subsections 58(1) and 59(1) of the former Act. Section 58.‍3 of the new Act does not apply in respect of the appeal.
Federal Court — before coming into force
(3) In the case of a judicial review of a decision of the Appeal Division under subsection 58(3) of the former Act that relates to a decision of the Income Security Section, if, before the day on which this Division comes into force, the Federal Court refers the matter back to the Appeal Division, the matter is to be dealt with by the Appeal Division in accordance with subsections 58(1) and (2) of the former Act.
Federal Court — after coming into force
(4) In the case of a judicial review of a decision of the Appeal Division under subsection 58(3) of the former Act that relates to a decision of the Income Security Section other than a judicial review referred to in subsection 242(5), if, on or after the day on which this Division comes into force, the Federal Court refers the matter back to the Appeal Division, the matter is to be dealt with by the Appeal Division in accordance with the provisions of the new Act.
Federal Court of Appeal — before coming into force
(5) In the case of a judicial review of a decision of the Appeal Division under subsection 59(1) of the former Act that relates to a decision of the Income Security Section, if, before the day on which this Division comes into force, the Federal Court of Appeal refers the matter back to the Appeal Division, the matter is to be dealt with by the Appeal Division in accordance with subsections 58(1) and 59(1) of the former Act. Section 58.‍3 of the new Act does not apply in respect of the matter.
Federal Court Appeal — after coming into force
(6) In the case of a judicial review of a decision of the Appeal Division under subsection 59(1) of the former Act that relates to a decision of the Income Security Section other than a judicial review referred to in subsection 242(6), if, on or after the day on which this Division comes into force, the Federal Court of Appeal refers the matter back to the Appeal Division, the matter is to be dealt with by the Appeal Division in accordance with the provisions of the new Act.
Interpretation of consequential amendment to Federal Courts Act
244 For greater certainty, the Federal Court has jurisdiction to hear and determine applications for judicial review of a decision of the Appeal Division made under section 58 of the former Act before the day on which this Division comes into force.
Coming into Force
Order in council
245 This Division comes into force on a day to be fixed by order of the Governor in Council.
DIVISION 22 
R.‍S.‍, c. L-2
Canada Labour Code (Equal Remuneration Protection)
246 (1) Paragraphs 47.‍3(1)‍(a) and (b) of the Canada Labour Code are replaced by the following:
(a) provided services at an airport to another employer, or to a person acting on behalf of that other employer, in an industry referred to in paragraph (e) of the definition federal work, undertaking or business in section 2;
(b) provided prescribed services to another employer, or to a person acting on behalf of that other employer, in a prescribed industry; or
(c) provided prescribed services at a prescribed location to another employer, or to a person acting on behalf of that other employer, in a prescribed industry.
(2) Section 47.‍3 of the Act is amended by adding the following after subsection (2):
Regulations
(3) The Governor in Council may, on the Minister’s recommendation, make regulations prescribing anything that is to be prescribed under subsection (1).
DIVISION 23 
R.‍S.‍, c. L-2
Canada Labour Code (Federal Minimum Wage)
Amendments to the Act
247 (1) Subsections 178(1) to (3) of the Canada Labour Code are replaced by the following:
Minimum wage
178 (1) Subject to subsections (2) to (5), an employer shall pay to each employee a wage at a minimum hourly rate that is not less than the rate that is determined in accordance with section 178.‍1.
Province of employment
(2) If the minimum hourly rate that is fixed, from time to time, by or under an Act of the legislature of the province where the employee is usually employed and that is generally applicable regardless of occupation, status or work experience is higher than the minimum hourly rate fixed under subsection (1), an employer shall pay to each employee a wage at a rate that is
(a) if the wages of the employee are paid on an hourly basis, not less than that higher minimum hourly rate; or
(b) if the wages of the employee are paid on any basis of time other than hourly, not less than the equivalent of the rate under paragraph (a) for the time worked by the employee.
Wage rate based on age
(3) For the purposes of paragraph (2)‍(a), if minimum hourly rates for a province are fixed on the basis of age, the minimum hourly rate for that province is the highest of those rates.
(2) Paragraph 178(4)‍(b) of the Act is replaced by the following:
(b) fix a minimum rate of wage that in the opinion of the Minister is the equivalent of
(i) the minimum rate determined in accordance with subsection (2), if that minimum rate is higher than or equal to the minimum rate determined in accordance with section 178.‍1, or
(ii) the minimum rate determined in accordance with section 178.‍1, if that minimum rate is higher than the minimum rate determined in accordance with subsection (2).
248 The Act is amended by adding the following after section 178:
Minimum wage — rate
178.‍1 (1) Subject to subsection (2), the minimum hourly rate referred to in subsection 178(1) is $15.
Annual adjustment
(2) On April 1 of each year after the year in which this section comes into force, the minimum hourly rate is to be adjusted to the rate, rounded up to the nearest $0.‍05, that is equal to the product of
(a) as the case may be,
(i) in respect of April 1 of the year after the year in which this section comes into force, $15, or
(ii) in respect of April 1 of each subsequent year, the rate that is determined in accordance with this section on April 1 of the preceding year, and
(b) the ratio that the Consumer Price Index for the preceding calendar year bears to the Consumer Price Index for the calendar year before that preceding calendar year.
Consumer Price Index
(3) For the purposes of subsection (2), a reference to the Consumer Price Index for any calendar year means the average of the all-items Consumer Price Index for Canada, not seasonally adjusted, as published by Statistics Canada under the authority of the Statistics Act, for each month in that year.
No adjustment
(4) Despite subsection (2), the minimum hourly rate is not to be adjusted on April 1 of a given year if on that day the rate determined in accordance with that subsection is less than, as the case may be,
(a) in respect of April 1 of the year after the year in which this section comes into force, $15; or
(b) in respect of April 1 of each subsequent year, the rate that is determined in accordance with this section on April 1 of the preceding year.
Coming into Force
Six months after royal assent
249 This Division comes into force on the day that, in the sixth month after the month in which this Act receives royal assent, has the same calendar number as the day on which it receives royal assent or, if that sixth month has no day with that number, the last day of that sixth month.
DIVISION 24 
R.‍S.‍, c. L-2
Canada Labour Code (Leave Related to the Death or Disappearance of a Child)
250 (1) The definitions child and parent in subsection 206.‍5(1) of the Canada Labour Code are replaced by the following:
child means a person who is under 25 years of age. (enfant)
parent, with respect to a child, means
(a) a person who, in law, is a parent of the child;
(b) a person, other than a person referred to in paragraph (a), who, in law
(i) has custody of the child or, in Quebec, parental authority over the child,
(ii) is the guardian of the child or, in Quebec, the tutor or curator to the person of the child, or
(iii) has decision-making responsibility, as defined in subsection 2(1) of the Divorce Act, in respect of the child;
(c) a person with whom the child is placed for the purposes of adoption under the laws governing adoption in the province in which the person resides; or
(d) a person prescribed to be a parent by regulations made under paragraph 209.‍4(f). (parent)
(2) Subsections 206.‍5(3) and (4) of the Act are replaced by the following:
Leave  —  child who has disappeared
(3) Every employee is entitled to and shall be granted a leave of absence from employment of up to 104 weeks if the employee is the parent of a child who has disappeared and it is probable, considering the circumstances, that the child disappeared as a result of a crime.
Exception
(4) An employee is not entitled to a leave of absence if
(a) the employee is charged with the crime; or
(b) in the case of an employee referred to in subsection (2), the child was 14 years of age or older at the time of the crime and it is probable, considering the circumstances, that the child was a party to the crime.
(3) Paragraph 206.‍5(5)‍(b) of the Act is replaced by the following:
(b) ends 104 weeks after the day on which the death or disappearance, as the case may be, occurs.
(4) Paragraph 206.‍5(6)‍(a) of the Act is replaced by the following:
(a) on the 14th day after the day on which the child is found, if the child is found during the 104-week period, but no later than the end of the 104-week period; or
(5) Subsection 206.‍5(8) of the Act is replaced by the following:
Aggregate leave  —  employees
(8) The aggregate amount of leave that may be taken by employees under this section in respect of the same death or disappearance of a child — or the same children who die or disappear as a result of the same event — must not exceed 104 weeks.
251 Subsection 206.‍7(1) of the Act is replaced by the following:
Definitions
206.‍7 (1) The following definitions apply in subsection (2).
child means a person who is under 18 years of age.‍ (enfant)
parenthas the same meaning as in subsection 206.‍5(1) but does not include a curator to the person. (parent)
DIVISION 25 
Payment to Quebec
Payment of $130.‍3 million
252 (1) For the purpose of offsetting some of the costs of aligning the Quebec Parental Insurance Plan with temporary measures set out in Part VIII.‍5 of the Employment Insurance Act, the Minister of Employment and Social Development may, before the end of the fiscal year ending on March 31, 2022, make a one-time payment of $130,300,000 out of the Consolidated Revenue Fund to Quebec.
Agreement
(2) The Minister of Employment and Social Development may, on behalf of Her Majesty in right of Canada, enter into an agreement with Quebec in relation to the time and manner of the payment.
DIVISION 26 
R.‍S.‍, c. J-1
Judges Act
Amendment to the Act
253 The Judges Act is amended by adding the following after section 65:
Annuity Calculations
Application of section 42
65.‍1 (1) If the Council recommends that a judge be removed from office in a report submitted to the Minister under section 65, for the purposes of calculating the judge’s annuity under section 42,
(a) the period beginning on the day on which the Council submits the report and ending on the day on which the judge ceases to hold judicial office is not considered to be part of the judge’s time in judicial office; and
(b) the salary used to calculate the annuity is the salary annexed to their office on the day on which the report is submitted.
Suspension of contributions
(2) The judge shall cease to make the contributions required under section 50 as of the day on which the report is submitted.
Reimbursement and resumption
(3) If a recommendation for removal is rejected by the Minister, the Senate or the House of Commons or if, on judicial review, the recommendation is rejected by a court whose decision is final, subsection (1) does not apply for the purposes of calculating the annuity of the judge who was the subject of the recommendation and that judge shall
(a) contribute, as if subsection (2) had never applied, the amounts that would have been required under section 50 as of the day on which the Council submitted the report to the Minister; and
(b) resume contributing the amounts required under section 50 as of the day on which the recommendation was rejected.
Transitional Provision
Section 65.‍1 of Judges Act
254 Section 65.‍1 of the Judges Act does not apply to a judge whose removal from judicial office has been recommended by the Canadian Judicial Council before the day on which section 253 comes into force.
DIVISION 27 
New Judicial Resources
R.‍S.‍, c. F-7; 2002, c. 8, s. 14
Federal Courts Act
255 Subsection 5(1) of the Federal Courts 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 13 other judges.
R.‍S.‍, c. J-1
Judges Act
256 Paragraph 12(d) of the Judges Act is replaced by the following:
(d) the 203 other judges of the Superior Court of Justice, $314,100 each.
257 Paragraph 17(d) of the Act is replaced by the following:
(d) the 83 other judges of the Supreme Court, $314,100 each.
258 Paragraph 19(d) of the Act is replaced by the following:
(d) the 31 other judges of the Court of Queen’s Bench, $314,100 each.
259 Paragraph 21(c) of the Act is replaced by the following:
(c) the Chief Justice and the Associate Chief Justice of the Trial Division, $344,400 each; and
R.‍S.‍, c. T-2
Tax Court of Canada Act
260 (1) The portion of subsection 4(1) of the French version of the Tax Court of Canada Act before paragraph (a) is replaced by the following:
Composition
4 (1) La Cour se compose d’un juge en chef, d’un juge en chef adjoint et d’au plus vingt-deux autres juges respectivement désignés :
(2) Paragraph 4(1)‍(c) of the English version of the Act is replaced by the following:
(c) not more than 22 other judges.
DIVISION 28 
R.‍S.‍, c. N-15
National Research Council Act
261 Section 3 of the National Research Council Act is amended by adding the following after subsection (2):
Incorporation and acquisition of shares
(3) The Council, as well as a corporation described in subsection (4), may do anything in respect of which paragraph 90(1)‍(a) or (b) of the Financial Administration Act applies only with the approval of the Governor in Council and in accordance with any conditions that the Governor in Council may impose.
Corporation
(4) Subsection (3) applies with respect to a corporation if any of its shares, within the meaning of Part X of the Financial Administration Act, are held by the Council and either
(a) a majority of the corporation’s directors or members are nominated or appointed by or on behalf of Her Majesty in right of Canada or by directors or members who were nominated or appointed by or on behalf of Her Majesty; or
(b) Her Majesty otherwise controls the corporation.
262 The Act is amended by adding the following after section 5:
Drugs and devices — public health
5.‍1 (1) The Council may engage in, and may direct or supervise, the production on any scale of drugs and devices, as those terms are defined in section 2 of the Food and Drugs Act, for the purpose of protecting or improving public health in Canada or elsewhere.
Approval or direction of Minister
(2) However, the Council may do anything referred to in subsection (1) that is not otherwise authorized under paragraph 5(1)‍(k) only with the approval, or under the direction, of the Minister given after the Minister has consulted with the Minister of Health.
DIVISION 29 
2005, c. 34; 2013, c. 40, s. 205
Department of Employment and Social Development Act
263 The Department of Employment and Social Development Act is amended by adding the following after section 19.‍01:
Social Insurance Numbers — Minister of Labour
19.‍02 The Minister of Labour may collect and use a person’s Social Insurance Number to verify their identity for the purposes of the administration or enforcement of any Act, program or activity in respect of which the administration or enforcement is the responsibility of that Minister.
DIVISION 30 
Student Loans and Apprentice Loans
R.‍S.‍, c. S-23
Canada Student Loans Act
264 The Canada Student Loans Act is amended by adding the following after section 11.‍2:
Period — April 1, 2021 to March 31, 2023
Suspension of interest
11.‍3 During the period that begins on April 1, 2021 and ends on March 31, 2023, no interest is payable by a borrower on a guaranteed student loan.
1994, c. 28
Canada Student Financial Assistance Act
265 The Canada Student Financial Assistance Act is amended by adding the following after section 9.‍3:
Period — April 1, 2021 to March 31, 2023
Suspension of interest
9.‍4 During the period that begins on April 1, 2021 and ends on March 31, 2023, no interest is payable by a borrower on a student loan.
2014, c. 20, s. 483
Apprentice Loans Act
266 The Apprentice Loans Act is amended by adding the following after section 8.‍1:
Period — April 1, 2021 to March 31, 2023
Suspension of interest
8.‍2 During the period that begins on April 1, 2021 and ends on March 31, 2023, no interest is payable by a borrower on an apprentice loan.
Coordinating Amendments
Bill C-14
267 (1) Subsections (2) to (10) apply if Bill C-14, introduced in the 2nd session of the 43rd Parliament and entitled the Economic Statement Implementation Act, 2020 (in this section referred to as the “other Act”), receives royal assent.
(2) If section 6 of the other Act comes into force before section 264 of this Act, then
(a) that section 264 is deemed never to have come into force and is repealed; and
(b) section 11.‍3 of the Canada Student Loans Act and the heading before it are replaced by the following:
Period — April 1, 2021 to March 31, 2023
Suspension of interest
11.‍3 During the period that begins on April 1, 2021 and ends on March 31, 2023, no interest is payable by a borrower on a guaranteed student loan.
(3) If section 264 of this Act comes into force before section 6 of the other Act, then that section 6 is deemed never to have come into force and is repealed.
(4) If section 264 of this Act comes into force on the same day as section 6 of the other Act, then that section 264 is deemed to have come into force before that section 6 and subsection (3) applies as a consequence.
(5) If section 7 of the other Act comes into force before section 265 of this Act, then
(a) that section 265 is deemed never to have come into force and is repealed; and
(b) section 9.‍4 of the Canada Student Financial Assistance Act and the heading before it are replaced by the following:
Period — April 1, 2021 to March 31, 2023
Suspension of interest
9.‍4 During the period that begins on April 1, 2021 and ends on March 31, 2023, no interest is payable by a borrower on a student loan.
(6) If section 265 of this Act comes into force before section 7 of the other Act, then that section 7 is deemed never to have come into force and is repealed.
(7) If section 265 of this Act comes into force on the same day as section 7 of the other Act, then that section 265 is deemed to have come into force before that section 7 and subsection (6) applies as a consequence.
(8) If section 8 of the other Act comes into force before section 266 of this Act, then
(a) that section 266 is deemed never to have come into force and is repealed; and
(b) section 8.‍2 of the Apprentice Loans Act and the heading before it are replaced by the following:
Period — April 1, 2021 to March 31, 2023
Suspension of interest
8.‍2 During the period that begins on April 1, 2021 and ends on March 31, 2023, no interest is payable by a borrower on an apprentice loan.
(9) If section 266 of this Act comes into force before section 8 of the other Act, then that section 8 is deemed never to have come into force and is repealed.
(10) If section 266 of this Act comes into force on the same day as section 8 of the other Act, then that section 266 is deemed to have come into force before that section 8 and subsection (9) applies as a consequence.
DIVISION 31 
First Nations Elections
Regulations deemed valid
268 The First Nations Election Cancellation and Postponement Regulations (Prevention of Diseases), made on April 7, 2020 and registered as SOR/‍2020-84, and the Regulations Amending the First Nations Election Cancellation and Postponement Regulations (Prevention of Diseases), made on April 8, 2021 and registered as SOR/‍2021-78, are deemed to have been validly made and everything done under, and all consequences flowing from, those Regulations since April 8, 2020 are deemed effective as if those Regulations were so made.
DIVISION 32 
Increase to Old Age Security Pension and Payment
R.‍S.‍, c. O-9
Old Age Security Act
269 Paragraph (c) of the definition income in section 2 of the Old Age Security Act is amended by adding the following after subparagraph (i):
(i.‍1) the amount of the payment under the program referred to in section 276 of the Budget Implementation Act, 2021, No. 1,
270 Subsection 2.‍1(1) of the Act is replaced by the following:
Amount of full monthly pension
2.‍1 (1) In this Act, a reference to the amount of a full monthly pension means the amount of a full monthly pension, as it is calculated in accordance with section 7, that has not been increased under subsection 7.‍1(1) or (2).
271 Subsection 3(3) of the Act is replaced by the following:
Amount of partial pension
(3) Subject to subsection 7.‍1(3), the amount of a partial monthly pension, for any month, shall bear the same relation to the amount of the full monthly pension for that month as the aggregate period that the applicant has resided in Canada after attaining 18 years of age and before the day on which the application is approved, determined in accordance with subsection (4), bears to 40 years.
272 Section 7 of the Act is amended by adding the following after subsection (4):
Full monthly pension — persons aged 75 years or older
(5) Beginning in the payment quarter commencing on July 1, 2022, for the period that begins in the month after the month in which a person attains 75 years of age, the amount of the full monthly pension, as it is calculated in accordance with subsections (1) to (4), is increased by 10%.
273 (1) Subsections 7.‍1(1) and (2) of the Act are replaced by the following:
Voluntary deferral — full monthly pension
7.‍1 (1) If a person applies for their pension after they become qualified to receive a full monthly pension, the amount of that pension, as it is calculated in accordance with subsections 7(1) to (4), is increased by 0.‍6% for each month in the period that begins in the month after the month in which the person becomes qualified for that pension and that ends in the month in which the person’s application is approved.
Voluntary deferral — partial monthly pension
(2) If a person applies for their pension after they become qualified to receive a partial monthly pension, the amount of that pension, as it is calculated in accordance with subsection 3(3) without regard to subsection 7(5), at the time that they become qualified for that pension, is increased by 0.‍6% for each month in the period that begins in the month after that time and that ends in the month in which the person’s application is approved.
(2) Section 7.‍1 of the Act is amended by adding the following after subsection (4):
Full monthly pension — persons aged 75 years or older
(5) Beginning in the payment quarter commencing on July 1, 2022, for the period that begins in the month after the month in which a person attains 75 years of age, the amount of the full monthly pension, as it is increased under subsection (1), is increased by 10%.
Partial monthly pension — persons aged 75 years or older
(6) Beginning in the payment quarter commencing on July 1, 2022, for the period that begins in the month after the month in which a person attains 75 years of age, the amount of the partial monthly pension, as it is increased under subsection (2), is increased by 10%.
274 The description of B in paragraph 12(6)‍(b) of the Act is replaced by the following:
B
is the product
(i) obtained by multiplying the amount of the full monthly pension, calculated without regard to subsection 7(5), that might have been paid to a pensioner for any month by the applicant’s special qualifying factor for the month, and
(ii) rounded, if that product is not a multiple of four dollars, to the next higher multiple of four dollars; and
275 The definition pension equivalent in subsection 22(1) of the Act is replaced by the following:
pension equivalent means, in respect of any month in a payment quarter, the amount of the full monthly pension payable for that month under section 7 that has not been increased under subsection 7(5); (valeur de la pension)
Payment
Payment out of C.‍R.‍F.
276 Any amount payable by the Minister of Employment and Social Development to pensioners, as defined in section 2 of the Old Age Security Act, who are or will be 75 years of age or older on June 30, 2022, in relation to a program to provide a one-time payment of $500 to those pensioners, may be paid out of the Consolidated Revenue Fund.
DIVISION 33 
2003, c. 22, ss. 12 and 13
Public Service Employment Act
Amendments to the Act
277 The eighth paragraph of the preamble to the Public Service Employment Act is replaced by the following:
the Government of Canada is committed to an inclusive public service that reflects the diversity of Canada’s population, that embodies linguistic duality and that is characterized by fair, transparent employment practices, respect for employees, effective dialogue, and recourse aimed at resolving appointment issues;
278 (1) Subsection 2(1) of the Act is amended by adding the following in alphabetical order:
equity-seeking group means a group of persons who are disadvantaged on the basis of one or more prohibited grounds of discrimination within the meaning of the Canadian Human Rights Act. (groupe en quête d’équité)
(2) Section 2 of the Act is amended by adding the following after subsection (4):
References to error, omission or improper conduct
(5) A reference in this Act to an error, an omission or improper conduct shall be construed as including an error, an omission or improper conduct that results from a bias or barrier that disadvantages persons who belong to any equity-seeking group.
279 Section 17 of the Act is renumbered as subsection 17(1) and is amended by adding the following:
Biases and barriers
(2) The power to conduct audits includes the power to determine whether there are biases or barriers that disadvantage persons belonging to any equity-seeking group.
280 Section 31 of the Act is amended by adding the following after subsection (2):
Identification of biases and barriers
(3) When establishing or reviewing qualification standards, the employer shall conduct an evaluation to identify whether they include or create biases or barriers that disadvantage persons belonging to any equity-seeking group. If a bias or barrier is identified in the course of the evaluation, the employer shall make reasonable efforts to remove it or to mitigate its impact on those persons.
281 Section 36 of the Act is replaced by the following:
Assessment methods
36 (1) In making an appointment, the Commission may, subject to subsection (2), use any assessment method, such as a review of past performance and accomplishments, interviews and examinations, that it considers appropriate to determine whether a person meets the qualifications referred to in paragraph 30(2)‍(a) and subparagraph 30(2)‍(b)‍(i).
Identification of biases and barriers
(2) Before using an assessment method, the Commission shall conduct an evaluation to identify whether the assessment method and the manner in which it will be applied includes or creates biases or barriers that disadvantage persons belonging to any equity-seeking group and, if one is identified, make reasonable efforts to remove it or to mitigate its impact on those persons.
282 Paragraph 39(1)‍(c) of the Act is replaced by the following:
(c) a Canadian citizen, within the meaning of the Citizenship Act, and a permanent resident, within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act, in any case where a person who is not a Canadian citizen or permanent resident is also a candidate.
Transitional Provisions
Investigations
283 Subsection 2(5) of the Public Service Employment Act, as enacted by subsection 278(2), applies only in respect of appointment processes that commence on or after the day on which that subsection 278(2) comes into force and investigations into those processes.
Qualifications standards
284 Subsection 31(3) of the Public Service Employment Act, as enacted by section 280, applies only in respect of reviews that commence on or after the day on which that section 280 comes into force.
Assessment methods
285 Subsection 36(2) of the Public Service Employment Act, as enacted by section 281, applies only in respect of appointment processes that commence on or after the day on which that section 281 comes into force.
Preference
286 Paragraph 39(1)‍(c) of the Public Service Employment Act, as enacted by section 282, applies only in respect of advertised external appointment processes that commence on or after the day on which that section 282 comes into force.
Coming into Force
Order in council
287 Subsection 278(2) and section 281 come into force on a day or days to be fixed by order of the Governor in Council.
DIVISION 34 
Early Learning and Child Care
Payments out of C.‍R.‍F.
288 (1) Any amount payable to a province under or in connection with a bilateral agreement in respect of early learning and child care for the fiscal year beginning on April 1, 2021 may be paid out of the Consolidated Revenue Fund, until March 31, 2022, on the requisition of the Minister of Families, Children and Social Development, at the times and in the manner that that Minister considers appropriate.
Terms and conditions
(2) That Minister may establish terms and conditions in respect of payments under the bilateral agreements with the provinces.
Maximum amount
(3) For the fiscal year beginning on April 1, 2021, the maximum aggregate amount payable to the provinces under subsection (1) is $2,948,082,433.
DIVISION 35 
Benefits and Leave
2020, c. 12, s. 2
Canada Recovery Benefits Act
289 (1) Paragraph 3(1)‍(e) of the Canada Recovery Benefits Act is replaced by the following:
(e) in the case of an application made under section 4 by a person other than a person referred to in paragraph (e.‍1) in respect of a two-week period beginning in 2021, they had, for 2019 or for 2020 or in the 12-month period preceding the day on which they make the application, a total income of at least $5,000 from the sources referred to in subparagraphs (d)‍(i) to (v);
(e.‍1) in the case of an application made under section 4 by a person referred to in paragraph (g) whose benefit period was established on or after September 27, 2020 in respect of a two-week period beginning in 2021, they had, for 2019 or for 2020 or in the 12-month period preceding the day on which they make the application, a total income of at least $5,000 from the sources referred to in subparagraphs (d)‍(i), (ii), (iv) and (v) and from regular benefits and special benefits, as defined in subsection 2(1) of the Employment Insurance Act;
(2) Paragraph 3(1)‍(g) of the Act is replaced by the following:
(g) no benefit period, as defined in subsection 2(1) of the Employment Insurance Act, was established or could have been established in respect of the person in respect of any week that falls within the two-week period or, if such a benefit period was established on or after September 27, 2020 in respect of the person in respect of any week that falls within the two-week period,
(i) the person was paid regular benefits, as defined in that subsection, for the maximum number of weeks for which those benefits may be paid in that benefit period under Part I of that Act, or
(ii) the person was paid regular benefits and special benefits, as defined in that subsection, for the maximum number of weeks for which both those benefits may be paid in that benefit period under Part I of that Act;
(3) Paragraph 3(1)‍(h) of the Act is amended by striking out “and” at the end of subparagraph (ii) and by adding the following after that subparagraph:
(ii.‍1) benefits, as defined in subsection 2(1) of the Employment Insurance Act, and
(4) Subsection 3(1) of the Act is amended by striking out “and” at the end of paragraph (l), by adding “and” at the end of paragraph (m) and by adding the following after paragraph (m):
(n) they have filed a return of income under Part I of the Income Tax Act in respect of the 2019 or 2020 taxation year, other than a return of income filed under subsection 70(2) or 104(23), paragraph 128(2)‍(e) or subsection 150(4) of that Act.
(5) Section 3 of the Act is amended by adding the following after subsection (3):
Application of paragraph (1)‍(n)
(3.‍1) Paragraph (1)‍(n) applies only in respect of
(a) a person who has already been paid a Canada recovery benefit for 42 weeks or more; and
(b) a person who has never applied under section 4 for any two-week period beginning before July 18, 2021.
290 Subsection 5(1) of the Act is replaced by the following:
Attestation
5 (1) Subject to subsections (2) to (5), a person must, in their application, attest that they meet each of the eligibility conditions referred to in paragraphs 3(1)‍(a) to (n).
291 Subsections 8(1) and (2) of the Act are replaced by the following:
Amount of payment
8 (1) Subject to subsection (2), the amount of a Canada recovery benefit for a week is
(a) in respect of a person who applies or has applied under section 4 for any two-week period beginning before July 18, 2021, $500 for a maximum of 42 weeks and $300 for every subsequent week; and
(b) in respect of a person who has never applied under section 4 for any two-week period beginning before July 18, 2021, $300 for a week beginning on or after that date.
Exception
(1.‍1) Despite subsection (1), if a person referred to in paragraph (1)‍(b) subsequently applies under section 4 for any two-week period beginning before July 18, 2021, the person is deemed to be a person referred to in paragraph (1)‍(a) except for every two-week period for which the person was paid $300 for each week.
Repayment
(2) If a person who has received a Canada recovery benefit or the benefit referred to in section 9.‍1 has income of more than $38,000 for 2020 or for 2021, the person must repay an amount equal to 50 cents for every dollar of income earned in that year above $38,000 of income, up to the total amount of those benefits received by them in the year, which total amount is calculated without taking into account any erroneous payment or overpayment, and that amount constitutes a debt due to Her Majesty and the debt is payable and may be recovered by the Minister as of the balance-due day, as defined in subsection 248(1) of the Income Tax Act, for the year.
292 Subsection 9(1) of the Act is replaced by the following:
Maximum number of two-week periods
9 (1) The maximum number of two-week periods in respect of which a Canada recovery benefit is payable to a person is 25 or, if another number of two-week periods is fixed by regulation, that number of two-week periods, minus one for every two weeks for which regular benefits, as defined in subsection 2(1) of the Employment Insurance Act, were received by the person during the period beginning on September 27, 2020 and ending on September 25, 2021 in respect of benefit periods, as defined in subsection 2(1) of that Act, that were established on or after September 27, 2020.
293 The Act is amended by adding the following after section 9:
Employment insurance benefits during two-week period
9.‍1 Despite sections 3, 7 and 8, if a person who makes an application under section 4 is not eligible for a Canada recovery benefit for any two-week period by reason only that the person was paid regular benefits, as defined in subsection 2(1) of the Employment Insurance Act, for the maximum number of weeks for which those benefits may be paid in the person’s benefit period under Part I of that Act, or the person was paid regular benefits and special benefits, as defined in subsection 2(1) of that Act, for the maximum number of weeks for which both those benefits may be paid in the person’s benefit period under Part I of that Act, and the last week for which they were paid those benefits under that Act is the first week of the two-week period, the Minister may pay a benefit of $300 to the person for the two-week period.
294 Subsections 23(1) and (2) of the Act are replaced by the following:
Maximum number of weeks for a person
23 (1) Subject to subsection (2), the maximum number of weeks in respect of which a Canada recovery caregiving benefit is payable to a person is 42 or, if another maximum number of weeks is fixed by regulation, that maximum number.
Maximum number of weeks for household members
(2) The maximum number of weeks in respect of which a Canada recovery caregiving benefit is payable to all of the persons residing in the same household is 42 or, if another maximum number of weeks is fixed by regulation for the purpose of subsection (1), that maximum number.
295 The Act is amended by adding the following after section 24:
Replacement of September 25, 2021
24.‍1 The Governor in Council may, by regulation, on the recommendation of the Minister and the Minister of Finance, amend any of the following provisions to replace the date of September 25, 2021 by a date not later than November 20, 2021 and, if any of the following provisions was amended by such a regulation, to amend the provision again by replacing the date set out in it as a result of the previous regulation by a date not later than November 20, 2021:
(a) subsection 3(1);
(b) subsection 4(1);
(c) subsection 9(1);
(d) subsection 10(1);
(e) subsection 11(1);
(f) subsection 17(1);
(g) subsection 18(1).
R.‍S.‍, c. L-2
Canada Labour Code
296 (1) The portion of paragraph 239.‍01(1)‍(b) of the Canada Labour Code before subparagraph (i) is replaced by the following:
(b) subject to subsection (3), up to 42 weeks — or, if another number of weeks is fixed by regulation, that number of weeks — if the employee is unable to work because
(2) Subsection 239.‍01(3) of the Act is replaced by the following:
Aggregate leave — paragraph (1)‍(b)
(3) Subject to subsection (5), the aggregate amount of leave that an employee may take under paragraph (1)‍(b) is not to exceed 42 weeks or, if another number of weeks is fixed by regulation for the purposes of that paragraph, that number of weeks.
(3) Subsection 239.‍01(5) of the Act is replaced by the following:
Clarification
(4.‍1) For greater certainty,
(a) an employee who is on leave under paragraph (1)‍(b) at the time this subsection comes into force is entitled to extend their leave up to the maximum number of weeks provided for in that paragraph; and
(b) any period of leave taken by an employee under paragraph (1)‍(b), as it read immediately before June 19, 2021, counts towards the maximum number of weeks referred to in subsection (3).
Aggregate leave — more than one employee
(5) The aggregate amount of leave that may be taken under paragraph (1)‍(b) by two or more employees who reside in the same household is not to exceed 42 weeks or, if another number of weeks is fixed by regulation for the purposes of that paragraph, that number of weeks.
2020, c. 12
COVID-19 Response Measures Act
297 Subsections 9(6) and (7) of the COVID-19 Response Measures Act are replaced by the following:
November 20, 2021
(6) Subsections 4.‍1(4), 4.‍3(6), 4.‍4(4), 4.‍5(2) and 4.‍6(2) come into force on November 20, 2021.
November 21, 2021
(7) Subsections 4.‍1(2), 4.‍2(2), 4.‍3(2) and (4) and 4.‍4(2) come into force on November 21, 2021.
SOR/2021-35
Canada Recovery Benefits Regulations
298 Section 2 of the Canada Recovery Benefits Regulations is repealed.
299 Section 4 of the Regulations is repealed.
C.‍R.‍C.‍, c. 986; SOR/2019-168, s. 1
Canada Labour Standards Regulations
300 Paragraph 33.‍1(b) of the Canada Labour Standards Regulations is repealed.
Coordinating Amendments
2020, c. 12
301 (1) If a regulation made under section 24.‍1 of the Canada Recovery Benefits Act, as enacted by section 295 of this Act, amends, in accordance with that section 24.‍1, subsection 10(1) of that Act to replace the date set out in that subsection, then, on the day on which the regulation comes into force,
(a) subsection 9(6) of the COVID-19 Response Measures Act is amended by replacing the date set out in that subsection 9(6) with the date set out in that subsection 10(1), as amended by that regulation; and
(b) subsection 9(7) of the COVID-19 Response Measures Act is amended by replacing the date set out in that subsection 9(7) with the date that is the date of the day after the date set out in that subsection 10(1), as amended by that regulation.
(2) If a regulation made under section 24.‍1 of the Canada Recovery Benefits Act, as enacted by section 295 of this Act, amends, in accordance with that section 24.‍1, subsection 17(1) of that Act to replace the date set out in that subsection, then, on the day on which the regulation comes into force,
(a) subsection 9(6) of the COVID-19 Response Measures Act is amended by replacing the date set out in that subsection 9(6) with the date set out in that subsection 17(1), as amended by that regulation; and
(b) subsection 9(7) of the COVID-19 Response Measures Act is amended by replacing the date set out in that subsection 9(7) with the date that is the date of the day after the date set out in that subsection 17(1), as amended by that regulation.
(3) If a regulation made under section 24.‍1 of the Canada Recovery Benefits Act, as enacted by section 295 of this Act, amends, in accordance with that section 24.‍1, subsections 10(1) and 17(1) of that Act to replace the date set out in those subsections with a date that is the same in both subsections, subsection (2) does not apply.
(4) If a regulation made under section 24.‍1 of the Canada Recovery Benefits Act, as enacted by section 295 of this Act, amends, in accordance with that section 24.‍1, subsections 10(1) and 17(1) of that Act to replace the date set out in those subsections with November 20, 2021, subsections (1) to (3) do not apply if the date that is set out in subsection 9(6) of the COVID-19 Response Measures Act is November 20, 2021.
(5) If a regulation made under section 24.‍1 of the Canada Recovery Benefits Act, as enacted by section 295 of this Act, amends, in accordance with that section 24.‍1, subsection 10(1) of that Act to replace the date set out in that subsection and a regulation made under that section 24.‍1 amends, in accordance with that section 24.‍1, subsection 17(1) of that Act to replace the date set out in that subsection 17(1) and the dates in the amendments are not the same, then, on the first day on which both those regulations are in force,
(a) if the later of the dates, as amended by one of the regulations, is the date set out in the amendment to that subsection 17(1),
(i) subsection (1) is deemed never to have applied, and
(ii) paragraph 239.‍01(1)‍(a) of the Canada Labour Code ceases to apply on the date set out in that subsection 10(1), as amended; and
(b) if the later of the dates, as amended by one of the regulations, is the date set out in that subsection 10(1),
(i) subsection (2) is deemed never to have applied, and
(ii) paragraph 239.‍01(1)‍(b) of the Canada Labour Code ceases to apply on the date set out in that subsection 17(1), as amended.
(6) If none of the dates set out in subsections 10(1) and 17(1) of the Canada Recovery Benefits Act are amended by a regulation made under section 24.‍1 of that Act, as enacted by section 295 of this Act, before October 2, 2021,
(a) subsection 9(6) of the COVID-19 Response Measures Act is replaced by the following:
October 2, 2021
(6) Subsections 4.‍1(4), 4.‍3(6), 4.‍4(4), 4.‍5(2) and 4.‍6(2) come into force on October 2, 2021.
(b) subsection 9(7) of the COVID-19 Response Measures Act is replaced by the following:
October 3, 2021
(7) Subsections 4.‍1(2), 4.‍2(2), 4.‍3(2) and (4) and 4.‍4(2) come into force on October 3, 2021.
(c) subsections (1) to (4) are deemed never to have come into force and are repealed.
Coming into Force
June 19, 2021
302 This Division, other than section 301, comes into force, or is deemed to have come into force, on June 19, 2021.
DIVISION 36 
Benefits and Leave Related to Employment
1996, c. 23
Employment Insurance Act
Amendments to the Act
303 (1) The definitions major attachment claimant and minor attachment claimant in subsection 6(1) of the Employment Insurance Act are repealed.
(2) Subsection 6(1) of the Act is amended by adding the following in alphabetical order:
major attachment claimant means a claimant who qualifies to receive benefits and has 600 or more hours of insurable employment in their qualifying period; (prestataire de la première catégorie)
minor attachment claimant means a claimant who qualifies to receive benefits and has fewer than 600 hours of insurable employment in their qualifying period; (prestataire de la deuxième catégorie)
304 (1) Paragraph 7(2)‍(b) of the Act is replaced by the following:
(b) has had during their qualifying period at least 420 hours of insurable employment.
(2) Paragraph 7(2)‍(b) of the Act is replaced by the following:
(b) has had during their qualifying period at least the number of hours of insurable employment set out in the following table in relation to the regional rate of unemployment that applies to the person.
(3) The table to subsection 7(2) of the Act is repealed.
(4) Subsection 7(2) of the Act is amended by adding the following after paragraph (b):
TABLE
Regional Rate of Unemployment
Required Number of Hours of Insurable Employment in Qualifying Period
6% and under
700
more than 6% but not more than 7%
665
more than 7% but not more than 8%
630
more than 8% but not more than 9%
595
more than 9% but not more than 10%
560
more than 10% but not more than 11%
525
more than 11% but not more than 12%
490
more than 12% but not more than 13%
455
more than 13%
420
305 (1) Subsection 7.‍1(1) of the Act is replaced by the following:
Increase in required hours
7.‍1 (1) The number of hours that an insured person requires under section 7 to qualify for benefits is increased to the number set out in the following table if the insured person accumulates one or more violations in the 260 weeks before making their initial claim for benefits.
TABLE / TABLEAU
Violation
minor /
mineure
serious /
grave
very serious /
très grave
subsequent /
subséquente
525
630
735
840
(2) Subsection 7.‍1(1) of the Act is replaced by the following:
Increase in required hours
7.‍1 (1) The number of hours that an insured person requires under section 7 to qualify for benefits is increased to the number set out in the following table in relation to the applicable regional rate of unemployment if the insured person accumulates one or more violations in the 260 weeks before making their initial claim for benefits.
TABLE / TABLEAU
Regional Rate of Unemployment /
Taux régional de chômage
Violation
minor /
mineure
serious /
grave
very serious /
très grave
subsequent /
subséquente
6% and under/
6 % et moins
875
1050
1225
1400
more than 6% but not more than 7%/
plus de 6 % mais au plus 7 %
831
998
1164
1330
more than 7% but not more than 8%/
plus de 7 % mais au plus 8 %
788
945
1103
1260
more than 8% but not more than 9%/
plus de 8 % mais au plus 9 %
744
893
1041
1190
more than 9% but not more than 10%/
plus de 9 % mais au plus 10 %
700
840
980
1120
more than 10% but not more than 11%/
plus de 10 % mais au plus 11 %
656
788
919
1050
more than 11% but not more than 12%/
plus de 11 % mais au plus 12 %
613
735
858
980
more than 12% but not more than 13%/
plus de 12 % mais au plus 13 %
569
683
796
910
more than 13%/
plus de 13 %
525
630
735
840
306 (1) Subsections 8(3) to (6) of the Act are replaced by the following:
Further extension of qualifying period
(4) A qualifying period is further extended by the aggregate of any weeks during an extension for which the person proves, in any manner that the Commission may direct, that the person was not employed in insurable employment because of a reason specified in subsection (2).
Period not counted if benefits received
(5) For the purposes of subsections (2) and (4), a week during which the person was in receipt of benefits does not count.
(2) Subsection 8(7) of the Act is replaced by the following:
Maximum extension of qualifying period
(7) No extension under subsection (2) or (4) may result in a qualifying period of more than 104 weeks.
307 (1) Paragraph 10(10)‍(b) of the Act is repealed.
(2) Subsection 10(10) of the Act is amended by adding the following after paragraph (a):
(b) in receipt of earnings paid because of the complete severance of their relationship with their former employer;
308 (1) Subsection 12(2.‍3) of the Act is 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 the following conditions are met:
(a) 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 29, 2022;
(b) on the date on which the benefit period is established, the claimant is ordinarily resident in a region described in Schedule VI;
(c) in the 260 weeks before the date on which the benefit period referred to in paragraph (a) begins, at least three benefit periods were established during which regular benefits were paid or payable; and
(d) at least two of the benefit periods referred to in paragraph (c) began around the same time of year as the benefit period referred to in paragraph (a) began.
Establishment of benefit period — presumption
(2.‍4) For the purposes of paragraph (2.‍3)‍(c), 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 paragraph (2.‍3)‍(d), 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 paragraph (2.‍3)‍(a);
(b) 104 weeks before the first week of the benefit period referred to in paragraph (2.‍3)‍(a);
(c) 156 weeks before the first week of the benefit period referred to in paragraph (2.‍3)‍(a);
(d) 208 weeks before the first week of the benefit period referred to in paragraph (2.‍3)‍(a); or
(e) 260 weeks before the first week of the benefit period referred to in paragraph (2.‍3)‍(a).
(2) Paragraph 12(3)‍(c) of the Act is replaced by the following:
(c) because of a prescribed illness, injury or quarantine is 26;
(3) Subsection 12(8) of the Act is replaced by the following:
Adoption
(8) For the purposes of this section, the placement with a claimant, at the same or substantially the same time, of two or more children for the purpose of adoption is a single placement of a child or children for the purpose of adoption.
(4) Subsection 12(8) of the Act is replaced by the following:
Adoption
(8) For the purposes of this section, the placement with a major attachment claimant, at the same or substantially the same time, of two or more children for the purpose of adoption is a single placement of a child or children for the purpose of adoption.
309 (1) Subsection 21(1) of the Act is repealed.
(2) Section 21 of the Act is amended by adding the following before subsection (2):
Illness, etc. — minor attachment claimants
21 (1) A minor attachment claimant who ceases work because of illness, injury or quarantine is not entitled to receive benefits while unable to work for that reason.
310 (1) Subsection 22(1) of the Act is replaced by the following:
Pregnancy
22 (1) Despite section 18, but subject to this section, benefits are payable to a claimant who proves her pregnancy.
(2) Subsection 22(1) of the Act is replaced by the following:
Pregnancy
22 (1) Despite section 18, but subject to this section, benefits are payable to a major attachment claimant who proves her pregnancy.
(3) The portion of subsection 22(2) of the Act before paragraph (a) is replaced by the following:
Weeks for which benefits may be paid
(2) Subject to section 12, benefits are payable to a claimant under this section for each week of unemployment in the period
(4) The portion of subsection 22(2) of the Act before paragraph (a) is replaced by the following:
Weeks for which benefits may be paid
(2) Subject to section 12, benefits are payable to a major attachment claimant under this section for each week of unemployment in the period
(5) Subsection 22(5) of the Act is replaced by the following:
Deduction
(5) Subject to subsection 19(3), if benefits are payable under this section to a claimant for a week of unemployment, there shall be deducted from those benefits any allowances, money or other benefits payable to the claimant for that week under a plan that covers insured persons employed by an employer and in respect of which the employer’s premium has been reduced in accordance with regulations made under subsection 69(1).
(6) Subsection 22(5) of the Act is replaced by the following:
Deduction
(5) Subject to subsection 19(3), if benefits are payable under this section to a major attachment claimant for a week of unemployment, there shall be deducted from those benefits any allowances, money or other benefits payable to the claimant for that week under a plan that covers insured persons employed by an employer and in respect of which the employer’s premium has been reduced in accordance with regulations made under subsection 69(1).
311 (1) Subsection 23(1) of the Act is replaced by the following:
Parental benefits
23 (1) Despite section 18, but subject to this section, benefits are payable to a claimant to care for one or more new-born children of the claimant or one or more children placed with the claimant for the purpose of adoption under the laws governing adoption in the province in which the claimant resides.
(2) Subsection 23(1) of the Act is replaced by the following:
Parental benefits
23 (1) Despite section 18, but subject to this section, benefits are payable to a major attachment claimant to care for one or more new-born children of the claimant or one or more children placed with the claimant for the purpose of adoption under the laws governing adoption in the province in which the claimant resides.
(3) Subsection 23(1.‍3) of the Act is replaced by the following:
First to elect
(1.‍3) If two claimants each make a claim for benefits under this section — or one claimant makes a claim for benefits under this section and an individual makes a claim for benefits under section 152.‍05 — in respect of the same child or children, the election made under subsection (1.‍1) or 152.‍05(1.‍1) by the first claimant or individual, as the case may be, to make a claim for benefits under this section or under section 152.‍05 is binding on both claimants or on the claimant and the individual.
(4) Subsection 23(1.‍3) of the Act is replaced by the following:
First to elect
(1.‍3) If two major attachment claimants each make a claim for benefits under this section — or one major attachment claimant makes a claim for benefits under this section and an individual makes a claim for benefits under section 152.‍05 — in respect of the same child or children, the election made under subsection (1.‍1) or 152.‍05(1.‍1) by the first claimant or individual, as the case may be, to make a claim for benefits under this section or under section 152.‍05 is binding on both claimants or on the claimant and the individual.
(5) Subsection 23(4) of the Act is replaced by the following:
Division of weeks of benefits
(4) If two claimants each make a claim for benefits under this section — or if one claimant makes a claim for benefits under this section and an individual makes a claim for benefits under section 152.‍05 — in respect of the same child or children, the weeks of benefits payable under this section, under section 152.‍05 or under both those sections, may be divided between them up to a maximum of 40, if the maximum number of weeks that has been elected under subsection (1.‍1) or 152.‍05(1.‍1) is established under subparagraph 12(3)‍(b)‍(i) or 152.‍14(1)‍(b)‍(i), or up to a maximum of 69, if that number of weeks is established under subparagraph 12(3)‍(b)‍(ii) or 152.‍14(1)‍(b)‍(ii). If they cannot agree, the weeks of benefits are to be divided in accordance with the prescribed rules.
(6) Subsection 23(4) of the Act is replaced by the following:
Division of weeks of benefits
(4) If two major attachment claimants each make a claim for benefits under this section — or if one major attachment claimant makes a claim for benefits under this section and an individual makes a claim for benefits under section 152.‍05 — in respect of the same child or children, the weeks of benefits payable under this section, under section 152.‍05 or under both those sections may be divided between them up to a maximum of 40, if the maximum number of weeks that has been elected under subsection (1.‍1) or 152.‍05(1.‍1) is established under subparagraph 12(3)‍(b)‍(i) or 152.‍14(1)‍(b)‍(i), or up to a maximum of 69, if that number of weeks is established under subparagraph 12(3)‍(b)‍(ii) or 152.‍14(1)‍(b)‍(ii). If they cannot agree, the weeks of benefits are to be divided in accordance with the prescribed rules.
(7) The portion of subsection 23(4.‍1) of the Act before paragraph (a) is replaced by the following:
Maximum number of weeks that can be divided
(4.‍1) For greater certainty, if, in respect of the same child or children, a claimant makes a claim for benefits under this section and an individual makes a claim for benefits under section 152.‍05, the total number of weeks of benefits payable under this section and section 152.‍05 that may be divided between them may not exceed
(8) The portion of subsection 23(4.‍1) of the Act before paragraph (a) is replaced by the following:
Maximum number of weeks that can be divided
(4.‍1) For greater certainty, if, in respect of the same child or children, a major attachment claimant makes a claim for benefits under this section and an individual makes a claim for benefits under section 152.‍05, the total number of weeks of benefits payable under this section and section 152.‍05 that may be divided between them may not exceed
(9) The portion of subsection 23(5) of the Act before paragraph (a) is replaced by the following:
Deferral of waiting period
(5) A claimant who makes a claim for benefits under this section may have their waiting period deferred until they make another claim for benefits in the same benefit period, otherwise than under section 22 or this section, if
(10) The portion of subsection 23(5) of the Act before paragraph (a) is replaced by the following:
Deferral of waiting period
(5) A major attachment claimant who makes a claim for benefits under this section may have their waiting period deferred until they make another claim for benefits in the same benefit period, otherwise than under section 22 or this section, if
(11) Paragraphs 23(5)‍(b) to (d) of the Act are replaced by the following:
(b) another claimant has made a claim for benefits under section 22 or this section in respect of the same child and that other claimant has served or is serving their waiting period;
(c) another claimant is making a claim for benefits under section 22 or this section in respect of the same child at the same time as the claimant and that other claimant elects to serve the waiting period; or
(d) the claimant or another claimant meets the prescribed requirements.
(12) Paragraphs 23(5)‍(b) to (d) of the Act are replaced by the following:
(b) another major attachment claimant has made a claim for benefits under section 22 or this section in respect of the same child and that other claimant has served or is serving their waiting period;
(c) another major attachment claimant is making a claim for benefits under section 22 or this section in respect of the same child at the same time as the claimant and that other claimant elects to serve the waiting period; or
(d) the claimant or another major attachment claimant meets the prescribed requirements.
(13) The portion of subsection 23(6) of the Act before paragraph (b) is replaced by the following:
Exception
(6) If a claimant makes a claim under section 22 or this section and an individual makes a claim under section 152.‍04 or 152.‍05 in respect of the same child or children and one of them has served or elected to serve their waiting period, then
(a) if the claimant is not the one who served or elected to serve the waiting period, that claimant is not required to serve a waiting period; or
(14) The portion of subsection 23(6) of the Act before paragraph (b) is replaced by the following:
Exception
(6) If a major attachment claimant makes a claim under section 22 or this section and an individual makes a claim under section 152.‍04 or 152.‍05 in respect of the same child or children and one of them has served or elected to serve their waiting period, then
(a) if the major attachment claimant is not the one who served or elected to serve the waiting period, that claimant is not required to serve a waiting period; or
312 (1) The portion of subsection 23.‍1(2) of the Act before paragraph (a) is replaced by the following:
Compassionate care benefits
(2) Despite section 18, but subject to this section, benefits are payable to a claimant if a medical doctor or nurse practitioner has issued a certificate stating that
(2) The portion of subsection 23.‍1(2) of the Act before paragraph (a) is replaced by the following:
Compassionate care benefits
(2) Despite section 18, but subject to this section, benefits are payable to a major attachment claimant if a medical doctor or nurse practitioner has issued a certificate stating that
313 (1) The portion of subsection 23.‍2(1) of the Act before paragraph (a) is replaced by the following:
Benefits — critically ill child
23.‍2 (1) Despite section 18, but subject to this section, benefits are payable to a claimant who is a family member of a critically ill child in order to care for or support that child, if a medical doctor or nurse practitioner has issued a certificate that
(2) The portion of subsection 23.‍2(1) of the Act before paragraph (a) is replaced by the following:
Benefits — critically ill child
23.‍2 (1) Despite section 18, but subject to this section, benefits are payable to a major attachment claimant who is a family member of a critically ill child in order to care for or support that child, if a medical doctor or nurse practitioner has issued a certificate that
314 (1) The portion of subsection 23.‍3(1) of the Act before paragraph (a) is replaced by the following:
Benefits — critically ill adult
23.‍3 (1) Despite section 18, but subject to this section, benefits are payable to a claimant who is a family member of a critically ill adult, in order to care for or support that adult, if a medical doctor or nurse practitioner has issued a certificate that
(2) The portion of subsection 23.‍3(1) of the Act before paragraph (a) is replaced by the following:
Benefits — critically ill adult
23.‍3 (1) Despite section 18, but subject to this section, benefits are payable to a major attachment claimant who is a family member of a critically ill adult, in order to care for or support that adult, if a medical doctor or nurse practitioner has issued a certificate that
315 (1) Subsection 28(7) of the Act is repealed.
(2) Section 28 of the Act is amended by adding the following after subsection (6):
Exception
(7) Subsection (6) does not apply to prevent a claimant from requesting that a benefit period established for the claimant as a minor attachment claimant be cancelled under subsection 10(6) and that a benefit period be established for the claimant as a major attachment claimant to enable the claimant to receive special benefits.
316 (1) Paragraph 29(a) of the Act is replaced by the following:
(a) employment refers to the claimant’s last employment before their initial claim for benefits or any employment of the claimant within their benefit period;
(2) Paragraph 29(a) of the Act is replaced by the following:
(a) employment refers to any employment of the claimant within their qualifying period or their benefit period;
317 (1) The portion of subsection 30(1) of the Act before paragraph (b) is replaced by the following:
Disqualification — misconduct or leaving without just cause
30 (1) A claimant is disqualified from receiving any benefits if the claimant lost their employment because of their misconduct or voluntarily left their employment without just cause, unless
(a) the claimant has, since losing or leaving the employment, been employed in insurable employment and made a new initial claim for benefits; or
(2) The portion of subsection 30(1) of the Act before paragraph (b) is replaced by the following:
Disqualification — misconduct or leaving without just cause
30 (1) A claimant is disqualified from receiving any benefits if the claimant lost any employment because of their misconduct or voluntarily left any employment without just cause, unless
(a) the claimant has, since losing or leaving the employment, been employed in insurable employment for the number of hours required by section 7 or 7.‍1 to qualify to receive benefits; or
(3) Subsections 30(4) to (7) of the Act are replaced by the following:
Suspension
(4) The disqualification is suspended during any week for which the claimant is otherwise entitled to special benefits.
(4) Subsection 30(4) of the Act is replaced by the following:
Suspension
(4) Despite subsection (6), the disqualification is suspended during any week for which the claimant is otherwise entitled to special benefits.
Restriction on qualifying for benefits
(5) If a claimant who has lost or left an employment as described in subsection (1) makes an initial claim for benefits, the following hours may not be used to qualify under section 7 or 7.‍1 to receive benefits:
(a) hours of insurable employment from that or any other employment before the employment was lost or left; and
(b) hours of insurable employment in any employment that the claimant subsequently loses or leaves, as described in subsection (1).
Restriction on number of weeks and rate of benefits
(6) No hours of insurable employment in any employment that a claimant loses or leaves, as described in subsection (1), may be used for the purpose of determining the maximum number of weeks of benefits under subsection 12(2) or the claimant’s rate of weekly benefits under section 14.
Interpretation
(7) For greater certainty, but subject to paragraph (1)‍(a), a claimant may be disqualified under subsection (1) even if the claimant’s last employment before their claim for benefits was not lost or left as described in that subsection and regardless of whether their claim is an initial claim for benefits.
318 (1) Section 46.‍01 of the Act is replaced by the following:
Limitation
46.‍01 No amount is payable under section 45, or deductible under subsection 46(1), as a repayment of an overpayment of benefits if more than 36 months have elapsed since the lay-off or separation from the employment in relation to which the earnings are paid or payable.
(2) Section 46.‍01 of the Act is replaced by the following:
Limitation
46.‍01 No amount is payable under section 45, or deductible under subsection 46(1), as a repayment of an overpayment of benefits if more than 36 months have elapsed since the lay-off or separation from the employment in relation to which the earnings are paid or payable and, in the opinion of the Commission, the administrative costs of determining the repayment would likely equal or exceed the amount of the repayment.
319 (1) The portion of section 51 of the Act before paragraph (a) is replaced by the following:
Information
51 If, in considering a claim for benefits, the Commission finds an indication from the documents relating to the claim that the loss of employment, as defined in paragraph 29(a), resulted from the claimant’s misconduct or that the claimant voluntarily left employment, the Commission shall
(2) The portion of section 51 of the Act before paragraph (a) is replaced by the following:
Information
51 If, in considering a claim for benefits, the Commission finds an indication from the documents relating to the claim that the loss of employment resulted from the claimant’s misconduct or that the claimant voluntarily left employment, the Commission shall
320 Section 58 of the Act is replaced by the following:
Definition of insured participant
58 In this Part, insured participant means
(a) an insured person who requests assistance under employment benefits and, when requesting the assistance, is an unemployed person for whom a benefit period is established or whose benefit period has ended within the previous 60 months or an unemployed person who paid, in at least 5 of the last 10 years, employee’s premiums that did not entitle the person to a refund under subsection 96(4); and
(b) a claimant who requests assistance under employment benefits and, when requesting assistance, is an unemployed person who was in receipt of the employment insurance emergency response benefit within the previous 60 months.
321 Subsection 152.‍05(1) of the French version of the Act is replaced by the following:
Prestations parentales
152.‍05 (1) Sous réserve de la présente partie, des prestations doivent être payées à un travailleur indépendant qui prend soin de son ou de ses nouveau-nés ou d’un ou plusieurs enfants placés chez lui en vue de leur adoption en conformité avec les lois régissant l’adoption dans la province où il réside.
322 (1) Clause 152.‍07(1)‍(d)‍(i)‍(A) of the French version of the Act is replaced by the following:
(A) si sa période de prestations commence durant la période commençant le 3 janvier 2021 et se terminant le 25 septembre 2021, malgré tout montant fixé par règlement ou établi selon le mode de calcul prévu par règlement pour cette période de référence, 5 000 $,
(2) Subparagraph 152.‍07(1)‍(d)‍(i) of the Act is amended by striking out “or” at the end of clause (A) and by replacing clause (B) with the following:
(B) in the case where the person’s benefit period begins during the period beginning on September 26, 2021 and ending on September 24, 2022, and despite any amount fixed or determined in accordance with the regulations for that qualifying period, $5,289, or
(C) in any other case, $6,000 or the amount fixed or determined in accordance with the regulations, if any, for that qualifying period, or
323 (1) Paragraph 152.‍11(11)‍(b) of the Act is repealed.
(2) Subsection 152.‍11(11) of the Act is amended by adding the following after paragraph (a):
(b) in receipt of earnings paid because of the complete severance of their relationship with their former employer;
324 Paragraph 152.‍14(1)‍(c) of the Act is replaced by the following:
(c) because of a prescribed illness, injury or quarantine is 26;
325 Section 153.‍1304 of the Act is repealed.
326 The portion of section 153.‍14 of the Act before paragraph (a) is replaced by the following:
June 2, 2027 or repeal
153.‍14 A provision of this Part that is added by any of the following Interim Orders or a provision that, under any of those Interim Orders, is an adaptation of a provision of this Act or provides for the non-application of a provision of this Act ceases to apply on the earlier of June 2, 2027 and the day on which the Interim Order that enacted the provision is repealed:
327 Section 153.‍16 of the Act is replaced by the following:
Rate of 13.‍1%
153.‍16 Despite section 17 of the Employment Insurance Regulations, if the later of the weeks referred to in subsection 10(1) begins during the period beginning on September 27, 2020 and ending on September 25, 2021, the regional rate of unemployment that applies to the claimant is 13.‍1%, if that rate is greater than the rate that would otherwise apply to them.
328 (1) Subsection 153.‍196(1) of the Act is replaced by the following:
September 25, 2021 or repeal
153.‍196 (1) Subject to subsections (2) and (3), this Part ceases to apply on the earlier of September 25, 2021 and the day on which Interim Order No. 8 Amending the Employment Insurance Act (Facilitated Access to Benefits) is repealed.
(2) Section 153.‍196 of the Act is amended by adding the following after subsection (2):
Exception
(3) Sections 153.‍1922 to 153.‍1924 cease to apply on December 18, 2021.
329 The Act is amended by adding the following after Part VIII.‍5:
PART VIII.‍6 
Temporary Measures
Weekly insurable earnings
153.‍197 (1) Despite subsection 14(2), the weekly insurable earnings of a claimant whose benefit period begins during the period beginning on September 26, 2021 and ending on November 20, 2021 are deemed to be the greater of
(a) the claimant’s insurable earnings in the calculation period referred to in subsection 14(4), divided by the number of weeks in that period in which they had insurable earnings, and
(b) $545.
Self-employed persons
(2) Despite subsection 152.‍16(1), if a self-employed person’s benefit period begins during the period beginning on September 26, 2021 and ending on November 20, 2021 and the result obtained by dividing the aggregate of the amounts referred to in paragraphs 152.‍16(1)‍(a) and (b) by 52 is less than $545, the result is deemed to be $545.
Fishers
(3) Despite paragraph 8.‍1(a) of the Employment Insurance (Fishing) Regulations, the weekly insurable earnings of a fisher whose benefit period begins during the period beginning on September 26, 2021 and ending on November 20, 2021 are deemed to be the greater of the amount determined under that paragraph and $545.
330 (1) Schedule I to the Act is replaced by the Schedule I set out in Schedule 1 to this Act.
(2) Schedule I to the Act is replaced by the Schedule I set out in Schedule 2 to this Act.
331 The Act is amended by adding, after Schedule IV, the Schedules V and VI set out in Schedule 3 to this Act.
Transitional Provisions
Words and expressions
332 Words and expressions used in sections 333 to 337 have the same meaning as in the Employment Insurance Act.
Continued application — before September 26, 2021
333 The following provisions of the Employment Insurance Act, as they read immediately before September 26, 2021, continue to apply in respect of an insured person or a claimant, as the case may be, whose benefit period begins before that day:
(a) the definitions major attachment claimant and minor attachment claimant in subsection 6(1);
(b) subsection 7(2);
(c) subsection 7.‍1(1);
(d) subsection 12(8);
(e) subsection 21(1);
(f) subsections 22(1), (2) and (5);
(g) subsections 23(1), (1.‍3), (4), (4.‍1), (5) and (6);
(h) subsection 23.‍1(2);
(i) subsection 23.‍2(1);
(j) subsection 23.‍3(1);
(k) subsection 28(7);
(l) paragraph 29(a);
(m) subsections 30(1) and (4) to (7);
(n) section 51; and
(o) Schedule I.
Continued application — Part VIII.‍5
334 Part VIII.‍5 of the Employment Insurance Act, as it read immediately before September 26, 2021, continues to apply in respect of an insured person or claimant, as the case may be, whose benefit period begins during the period beginning on September 27, 2020 and ending on September 25, 2021.
Suspension of operation
335 (1) The operation of Part VIII.‍1 of the Employment Insurance Act and any regulations made under that Part is suspended during the period beginning on September 26, 2021 and ending on September 24, 2022.
Continued application of suspension
(2) The operation of Part VIII.‍1 of the Employment Insurance Act and any regulations made under that Part continues to be suspended in respect of an insured person or a claimant, as the case may be, whose benefit period begins during the period referred to in subsection (1).
Continued application — before September 25, 2022
336 The following provisions of the Employment Insurance Act, as they read immediately before September 25, 2022, continue to apply in respect of an insured person or a claimant, as the case may be, whose benefit period begins during the period beginning on September 26, 2021 and ending on September 24, 2022:
(a) subsection 6(1);
(b) subsection 7(2);
(c) subsection 7.‍1(1);
(d) subsection 12(8);
(e) section 21;
(f) subsections 22(1), (2) and (5);
(g) subsections 23(1), (1.‍3), (4), (4.‍1), (5) and (6);
(h) subsection 23.‍1(2);
(i) subsection 23.‍2(1);
(j) subsection 23.‍3(1);
(k) section 28;
(l) paragraph 29(a);
(m) section 30;
(n) section 51; and
(o) Schedule I.
Illness, injury or quarantine
337 Paragraphs 12(3)‍(c) and 152.‍14(1)‍(c) of the Employment Insurance Act, as amended by subsection 308(2) and section 324, respectively, apply in respect of a claimant for any benefit period that begins on or after the day on which subsection 308(2) and section 324 come into force.
Coordinating Amendments
2000, c. 12
338 (1) In this section, other Act means the Modernization of Benefits and Obligations Act.
(2) If subsection 107(1) of the other Act comes into force before subsection 311(2) of this Act, then
(a) on the first day on which both that subsection 107(1) and subsection 311(1) of this Act are in force subsection 23(1) of the Employment Insurance Act is replaced by the following:
Parental benefits
23 (1) Despite section 18, but subject to this section, benefits are payable to a claimant to care for
(a) one or more new-born children of the claimant;
(b) one or more children placed with the claimant for the purpose of adoption under the laws governing adoption in the province in which the claimant resides; or
(c) one or more children if the claimant meets the requirements set out in the regulations made under paragraph 54(f.‍1).
(b) on the day on which that subsection 311(2) comes into force, the portion of subsection 23(1) of the Employment Insurance Act before paragraph (a) is replaced by the following:
Parental benefits
23 (1) Despite section 18, but subject to this section, benefits are payable to a major attachment claimant to care for
(3) If subsection 107(1) of the other Act comes into force on the same day as subsection 311(2) of this Act, then that subsection 311(2) is deemed to have come into force before that subsection 107(1).
2009, c. 33
339 (1) In this section, other Act means the Fairness for the Self-Employed Act.
(2) If section 321 of this Act comes into force before paragraph 36(b) of the other Act produces its effects, then the French version of that paragraph 36(b) is amended by replacing the portion of subsection 152.‍05(1) of the Employment Insurance Act before paragraph (a) that it enacts by the following:
Prestations parentales
152.‍05 (1) Sous réserve de la présente partie, des prestations doivent être payées à un travailleur indépendant qui prend soin :
(3) If paragraph 36(b) of the other Act produces its effects before section 321 of this Act comes into force, then that section 321 is replaced by the following:
321 The portion of subsection 152.‍05(1) of the French version of the Act before paragraph (a) is replaced by the following:
Prestations parentales
152.‍05 (1) Sous réserve de la présente partie, des prestations doivent être payées à un travailleur indépendant qui prend soin :
(4) If paragraph 36(b) of the other Act produces its effects on the same day as the coming into force of section 321 of this Act, then that paragraph 36(b) is deemed to have produced its effect before that section 321 comes into force and subsection (3) applies as a consequence.
Coming into Force
September 26, 2021
340 (1) Subsections 303(1), 304(1) and (3) and 305(1), section 306, subsections 307(1), 308(1) and (3), 309(1), 310(1), (3) and (5), 311(1), (3), (5), (7), (9), (11) and (13), 312(1), 313(1), 314(1), 315(1), 316(1), 317(1) and (3), 318(1) and 319(1), sections 320 to 322, subsection 323(1), sections 325, 326 and 328, subsection 330(1) and section 331 come into force, or are deemed to have come into force, on September 26, 2021.
September 25, 2022
(2) Subsections 303(2), 304(2) and (4), 305(2), 307(2), 308(4), 309(2), 310(2), (4) and (6), 311(2), (4), (6), (8), (10), (12) and (14), 312(2), 313(2), 314(2), 315(2), 316(2), 317(2) and (4), 318(2), 319(2), 323(2) and 330(2) come into force, or are deemed to have come into force, on September 25, 2022.
Order in council
(3) Subsection 308(2) and sections 324 and 337 come into force on a day to be fixed by order of the Governor in Council.
September 12, 2021
(4) Section 327 comes into force, or is deemed to have come into force, on September 12, 2021.
Order in council
(5) Section 329 comes into force on a day to be fixed by order of the Governor in Council.
R.‍S.‍, c. L-2
Canada Labour Code
Amendments to the Act
341 (1) Subsection 187.‍1(1) of the Canada Labour Code is replaced by the following:
Interruption
187.‍1 (1) An employee may interrupt a vacation granted to them under this Division in order to permit them to take a leave of absence under Division VII or VIII or section 247.‍5 or to be absent due to a reason referred to in subsection 239(1), 239.‍01(1) or 239.‍1(1).
(2) Subsection 187.‍1(3) of the Act is replaced by the following:
Application of subsection 239(7)
(3) If an employee interrupts a vacation to be absent due to a reason referred to in subsection 239(1) and resumes the vacation immediately at the end of that leave, subsection 239(7) applies to them as if they did not resume the vacation before returning to work.
342 Subsection 187.‍2(1) of the Act is replaced by the following:
Postponement
187.‍2 (1) Despite paragraph 185(a) or any term or condition of employment, an employee may postpone their vacation until after the day on which a leave of absence taken under Division VII or VIII or section 247.‍5, or an absence due to a reason referred to in subsection 239(1), 239.‍01(1) or 239.‍1(1), ends.
343 (1) Subsection 206.‍1(2.‍1) of the Act is replaced by the following:
Extension of period
(2.‍1) The period referred to in subsection (2) is extended by the number of weeks during which the employee is on leave under any of sections 206.‍3 to 206.‍5 and 206.‍9, is absent due to a reason referred to in subsection 239(1), 239.‍01(1) or 239.‍1(1) or is on leave under any of paragraphs 247.‍5(1)‍(a), (b) and (d) to (g).
(2) Subsection 206.‍1(2.‍4) of the Act is replaced by the following:
Interruption
(2.‍4) The employee may interrupt the leave referred to in subsection (1) in order to permit the employee to take leave under any of sections 206.‍3 to 206.‍5 and 206.‍9, to be absent due to a reason referred to in subsection 239(1), 239.‍01(1) or 239.‍1(1) or to take leave under any of paragraphs 247.‍5(1)‍(a), (b) and (d) to (g).
(3) Subsection 206.‍1(4) of the Act is replaced by the following:
Exception — medical leave
(4) Except to the extent that it is inconsistent with subsection 239(7), section 209.‍1 applies to an employee who interrupted the leave referred to in subsection (1) in order to be absent due to a reason referred to in subsection 239(1).
344 (1) Subsection 207.‍02(1) of the Act is replaced by the following:
Interruption
207.‍02 (1) An employee may interrupt a leave of absence referred to in any of sections 206.‍3 to 206.‍5 in order to be absent due to a reason referred to in subsection 239(1), 239.‍01(1) or 239.‍1(1).
(2) Subsection 207.‍02(3) of the Act is replaced by the following:
Exception — medical leave
(3) Except to the extent that it is inconsistent with subsection 239(7), section 209.‍1 applies to an employee who interrupted the leave in order to be absent due to a reason referred to in subsection 239(1).
345 (1) The portion of subsection 239(1) of the Act before paragraph (a) is replaced by the following:
Entitlement to leave
239 (1) Every employee is entitled to and shall be granted a medical leave of absence from employment of up to 27 weeks as a result of
(2) Subsection 239(1) of the Act is amended by striking out “or” at the end of paragraph (b), by adding “or” at the end of paragraph (c) and by adding the following after paragraph (c):
(d) quarantine.
(3) Subsection 239(1.‍1) of the Act is repealed.
Coordinating Amendments
2020, c. 12
346 On the first day on which both subsection 341(1) of this Act and subsection 4.‍1(2) of the COVID-19 Response Measures Act are in force
(a) subsection 187.‍1(1) of the Canada Labour Code is replaced by the following:
Interruption
187.‍1 (1) An employee may interrupt a vacation granted to them under this Division in order to permit them to take a leave of absence under Division VII or VIII or section 247.‍5 or to be absent due to a reason referred to in subsection 239(1) or 239.‍1(1).
(b) subsection 187.‍2(1) of the Canada Labour Code is replaced by the following:
Postponement
187.‍2 (1) Despite paragraph 185(a) or any term or condition of employment, an employee may postpone their vacation until after the day on which a leave of absence taken under Division VII or VIII or section 247.‍5, or an absence due to a reason referred to in subsection 239(1) or 239.‍1(1), ends.
(c) subsection 206.‍1(2.‍1) of the Canada Labour Code is replaced by the following:
Extension of period
(2.‍1) The period referred to in subsection (2) is extended by the number of weeks during which the employee is on leave under any of sections 206.‍3 to 206.‍5 and 206.‍9, is absent due to a reason referred to in subsection 239(1) or 239.‍1(1) or is on leave under any of paragraphs 247.‍5(1)‍(a), (b) and (d) to (g).
(d) subsection 206.‍1(2.‍4) of the Canada Labour Code is replaced by the following:
Interruption
(2.‍4) The employee may interrupt the leave referred to in subsection (1) in order to permit the employee to take leave under any of sections 206.‍3 to 206.‍5 and 206.‍9, to be absent due to a reason referred to in subsection 239(1) or 239.‍1(1) or to take leave under any of paragraphs 247.‍5(1)‍(a), (b) and (d) to (g).
(e) subsection 207.‍02(1) of the Canada Labour Code is replaced by the following:
Interruption
207.‍02 (1) An employee may interrupt a leave of absence referred to in any of sections 206.‍3 to 206.‍5 in order to be absent due to a reason referred to in subsection 239(1) or 239.‍1(1).
Coming into Force
Subsection 308(2)
347 Sections 341 to 345 come into force on the day on which subsection 308(2) comes into force.
SOR/96-332
Employment Insurance Regulations
Amendments to the Regulations
348 (1) Subsection 35(6) of the Employment Insurance Regulations is replaced by the following:
(6) Notwithstanding subsection (2), allowances that would not be deducted from benefits by virtue of subsection 16(1) are not earnings to be taken into account for the purposes of section 14.
(2) Subsection 35(6) of the Regulations is replaced by the following:
(6) Notwithstanding subsection (2), the earnings referred to in subsection 36(9) and allowances that would not be deducted from benefits by virtue of subsection 16(1) are not earnings to be taken into account for the purposes of section 14.
(3) Subsection 35(7) of the Regulations is amended by striking out “and” at the end of paragraph (e), by adding “and” at the end of paragraph (f) and by adding the following after paragraph (f):
(g) earnings paid or payable to a claimant by reason of a lay-off or separation from employment.
(4) Subsection 35(7) of the Regulations is amended by striking out “and” at the end of paragraph (f), by adding “and” at the end of paragraph (e) and by repealing paragraph (g).
349 (1) Subsections 36(9) to (10.‍2) of the Regulations are repealed.
(2) Section 36 of the Regulations is amended by adding the following after subsection (8):
(9) Subject to subsections (10) to (11), all earnings paid or payable to a claimant by reason of a lay-off or separation from an employment shall, regardless of the period in respect of which the earnings are purported to be paid or payable, be allocated to a number of weeks that begins with the week of the lay-off or separation in such a manner that the total earnings of the claimant from that employment are, in each consecutive week except the last, equal to the claimant’s normal weekly earnings from that employment.
(10) Subject to subsection (11), where earnings are paid or payable to a claimant by reason of a lay-off or separation from an employment subsequent to an allocation under subsection (9) in respect of that lay-off or separation, the subsequent earnings shall be added to the earnings that were allocated and, regardless of the period in respect of which the subsequent earnings are purported to be paid or payable, a revised allocation shall be made in accordance with subsection (9) on the basis of that total.
(10.‍1) The allocation of the earnings paid or payable to a claimant by reason of a lay-off or separation from an employment made in accordance with subsection (9) does not apply if
(a) the claimant’s benefit period begins in the period beginning on January 25, 2009 and ending on May 29, 2010;
(b) the claimant contributed at least 30% of the maximum annual employee’s premium in at least seven of the 10 years before the beginning of the claimant’s benefit period;
(c) the Commission paid the claimant less than 36 weeks of regular benefits in the 260 weeks before the beginning of the claimant’s benefit period; and
(d) during the period in which the earnings paid or payable by reason of the claimant’s lay-off or separation from an employment are allocated in accordance with subsection (9) or, if the earnings are allocated to five weeks or less, during that period of allocation or within six weeks following the notification of the allocation, the claimant is referred by the Commission, or an authority that the Commission designates, under paragraph 25(1)‍(a) of the Act, to a course or program of instruction or training
(i) that is full-time,
(ii) that has a duration of at least 10 weeks or that costs at least $5,000 or 80% of the earnings paid or payable by reason of the claimant’s lay-off or separation from employment,
(iii) for which the claimant assumes the entire cost, and
(iv) that begins during one of the 52 weeks following the beginning of the claimant’s benefit period.
(10.‍2) If any of the conditions under which the Commission may terminate the claimant’s referral under paragraph 27(1.‍1)‍(b) of the Act exists, the earnings paid or payable to the claimant by reason of a lay-off or separation from an employment shall be re-allocated under subsection (9).
350 (1) The portion of subsection 55(5) of the Regulations before paragraph (a) is replaced by the following:
(5) A claimant who is not a self-employed person and whose most recent interruption of earnings before making a claim for benefits is from insurable employment outside Canada is not disentitled from receiving benefits for the sole reason that the claimant is outside Canada if
(2) The portion of subsection 55(5) of the Regulations before paragraph (a) is replaced by the following:
(5) A major attachment claimant who is not a self-employed person and whose most recent interruption of earnings before making a claim for benefits is from insurable employment outside Canada is not disentitled from receiving benefits for the sole reason that the claimant is outside Canada if
(3) The portion of subsection 55(6) of the Regulations before paragraph (a) is replaced by the following:
(6) Subject to subsection (7), a claimant who is not a self-employed person and who resides outside Canada, other than a claimant referred to in subsection (5), is not disentitled from receiving benefits for the sole reason of their residence outside Canada if
(4) The portion of subsection 55(6) of the Regulations before paragraph (a) is replaced by the following:
(6) Subject to subsection (7), a claimant who is not a self-employed person and who resides outside Canada, other than a major attachment claimant referred to in subsection (5), is not disentitled from receiving benefits for the sole reason of their residence outside Canada if
351 Paragraph 77.‍992(2)‍(a) of the Regulations is replaced by the following:
(a) the date on which a benefit period is established falls within the period beginning on August 5, 2018 and ending on September 25, 2021;
Coming into Force
September 26, 2021
352 (1) Subsections 348(1) and (3), 349(1), 350(1) and (3) and section 351 come into force, or are deemed to have come into force, on September 26, 2021.
September 25, 2022
(2) Subsections 348(2) and (4), 349(2) and 350(2) and (4) come into force, or are deemed to have come into force, on September 25, 2022.
SOR/96-445
Employment Insurance (Fishing) Regulations
Amendments to the Regulations
353 (1) The definitions major attachment claimant and minor attachment claimant in subsection 1(1) of the Employment Insurance (Fishing) Regulations are repealed.
(2) Subsection 1(1) of the Regulations is amended by adding the following in alphabetical order:
major attachment claimant means a claimant who qualifies to receive benefits and has $3,760 or more of insurable earnings from employment as a fisher in their qualifying period. (prestataire de la première catégorie)
minor attachment claimant means a claimant who qualifies to receive benefits and has less than $3,760 of insurable earnings from employment as a fisher in their qualifying period. (prestataire de la deuxième catégorie)
354 (1) Paragraph 8(2)‍(b) of the Regulations is replaced by the following:
(b) have accumulated, since the beginning of the qualifying period, at least $2,500 of insurable earnings from employment as a fisher.
(2) Paragraph 8(2)‍(b) of the Regulations is replaced by the following:
(b) have accumulated, since the beginning of the qualifying period, not less than the amount of insurable earnings from employment as a fisher that is set out in the schedule for the unemployment rate applicable to the region where they reside.
(3) Paragraph 8(7)‍(b) of the Regulations is replaced by the following:
(b) have accumulated, since the beginning of the qualifying period, at least $2,500 of insurable earnings from employment as a fisher.
(4) Paragraph 8(7)‍(b) of the Regulations is replaced by the following:
(b) have accumulated, since the beginning of the qualifying period, not less than the amount of insurable earnings from employment as a fisher that is set out in the schedule for the unemployment rate applicable to the region where they reside.
355 (1) Subsection 11(1) of the Regulations is replaced by the following:
11 (1) Despite subsections 7.‍1(1) to (2.‍1), (6) and (7) of the Act, the amount of insurable earnings that an insured person requires under section 8 or 12 to qualify for benefits is increased to the amount set out in the applicable column of the table to this subsection if the insured person accumulates one or more violations in the 260 weeks before making an initial claim for benefits.
TABLE
Column 1
Column 2
Column 3
Column 4
Item
Minor Violation ($)
Serious Violation ($)
Very Serious Violation ($)
Subsequent Violation ($)
1
3,200
3,800
4,350
5,100
TABLEAU
Colonne 1
Colonne 2
Colonne 3
Colonne 4
Article
Violation mineure ($)
Violation grave ($)
Violation très grave ($)
Violation subséquente ($)
1
3 200
3 800 
4 350 
5 100
(2) Subsection 11(1) of the Regulations is replaced by the following:
11 (1) Despite subsections 7.‍1(1) to (2.‍1), (6) and (7) of the Act, the amount of insurable earnings that an insured person requires under section 8 to qualify for benefits is increased to the amount set out in the applicable column of the table to this subsection if the insured person accumulates one or more violations in the 260 weeks before making an initial claim for benefits.
TABLE
Column 1
Column 2
Column 3
Column 4
Column 5
Item
Regional Rate of Unemployment
Minor Violation ($)
Serious Violation ($)
Very Serious Violation ($)
Subsequent Violation ($)
1
6% and under
5,250
6,400
7,350
8,400
2
more than 6% but not more than 7%
5,000
6,000
7,000
8,000
3
more than 7% but not more than 8%
4,750
5,700
6,650
7,600
4
more than 8% but not more than 9%
4,500
5,400
6,300
7,200
5
more than 9% but not more than 10%
4,200
5,100
5,850
6,800
6
more than 10% but not more than 11%
3,950
4,750
5,600
6,400
7
more than 11% but not more than 12%
3,625
4,350
5,150
5,850
8
more than 12% but not more than 13%
3,450
4,050
4,800
5,500
9
more than 13%
3,200
3,800
4,350
5,100
TABLEAU
Colonne 1
Colonne 2
Colonne 3
Colonne 4
Colonne 5
Article
Taux régional de chômage
Violation mineure ($)
Violation grave ($)
Violation très grave ($)
Violation subséquente ($)
1
6 % et moins
5 250 
6 400 
7 350 
8 400 
2
plus de 6 % mais au plus 7 %
5 000
6 000
7 000
8 000
3
plus de 7 % mais au plus 8 %
4 750
5 700
6 650
7 600
4
plus de 8 % mais au plus 9 %
4 500
5 400
6 300
7 200
5
plus de 9 % mais au plus 10 %
4 200
5 100
5 850
6 800
6
plus de 10 % mais au plus 11 %
3 950
4 750
5 600
6 400
7
plus de 11 % mais au plus 12 %
3 625
4 350
5 150
5 850
8
plus de 12 % mais au plus 13 %
3 450
4 050
4 800
5 500
9
plus de 13 %
3 200
3 800
4 350
5 100
356 (1) Subsection 12(1) of the Regulations is replaced by the following:
12 (1) An insured person who is not qualified to receive benefits under section 7 of the Act and who is claiming special benefits qualifies to receive the special benefits if the person has at least $2,500 of insurable earnings from employment as a fisher in their qualifying period.
(2) Subsection 12(1) of the Regulations is replaced by the following:
12 (1) An insured person who is not qualified to receive benefits under section 7 of the Act and who is claiming special benefits qualifies to receive the special benefits if the person has at least $3,760 of insurable earnings from employment as a fisher in their qualifying period.
(3) Paragraph 12(5)‍(a) of the Regulations is replaced by the following:
(a) the claimant has accumulated, since the beginning of the benefit period, insurable earnings from employment as a fisher that, when added to the insurable earnings from employment as a fisher in the claimant’s qualifying period, are at least $2,500; and
(4) Paragraph 12(5)‍(a) of the Regulations is replaced by the following:
(a) the claimant has accumulated, since the beginning of the benefit period, insurable earnings from employment as a fisher that, when added to the insurable earnings from employment as a fisher in the claimant’s qualifying period, are equal to or exceed the applicable amount of insurable earnings in employment as a fisher set out in the schedule, determined by reference to the week in which the benefit period began; and
357 The heading before section 15 and sections 15 to 17 of the Regulations are repealed.
358 The schedule to the Regulations is repealed.
359 The Regulations are amended by adding, after section 14.‍5, the schedule set out in Schedule 4 to this Act.
Transitional Provision
Non-application
360 For greater certainty, subsections 153(3) to (9) of the Employment Insurance Act do not apply in respect of the amendments made by sections 353 to 359.
Coming into Force
September 26, 2021
361 (1) Subsections 353(1), 354(1) and (3), 355(1) and 356(1) and (3) and sections 357 and 358 come into force, or are deemed to have come into force, on September 26, 2021.
September 25, 2022
(2) Subsections 353(2), 354(2) and (4), 355(2) and 356(2) and (4) and section 359 come into force, or are deemed to have come into force, on September 25, 2022.
DIVISION 37 
2000, c. 9
Canada Elections Act
Amendments to the Act
362 (1) Paragraph 486(3)‍(c) of the Canada Elections Act is replaced by the following:
(c) knowingly contravenes subsection 91(1) (making or publishing false statement to affect election results); or
(2) Paragraph 486(4)‍(a) of the Act is replaced by the following:
(a) knowingly contravenes subsection 91(1) (making or publishing false statement to affect election results); or
Application of Amendments
Election within six months
363 Despite subsection 554(1) of the Canada Elections Act, the amendments to that Act made by section 362 apply in an election for which the writ is issued within six months after the day on which this Act receives royal assent.
SCHEDULE 1 
(Subsection 330(1))
SCHEDULE I 
(Subsection 12(2))
Table of Weeks of Benefits
Regional Rate of Unemployment
Number of hours of insurable employment in qualifying period
6% and under
More than 6% but not more than 7%
More than 7% but not more than 8%
More than 8% but not more than 9%
More than 9% but not more than 10%
More than 10% but not more than 11%
More than 11% but not more than 12%
More than 12% but not more than 13%
More than 13% but not more than 14%
More than 14% but not more than 15%
More than 15% but not more than 16%
More than 16%
420–454
14
14
14
16
18
20
22
24
26
28
30
32
455–489
14
14
14
16
18
20
22
24
26
28
30
32
490–524
14
14
15
17
19
21
23
25
27
29
31
33
525–559
14
14
15
17
19
21
23
25
27
29
31
33
560–594
14
14
16
18
20
22
24
26
28
30
32
34
595–629
14
14
16
18
20
22
24
26
28
30
32
34
630–664
14
15
17
19
21
23
25
27
29
31
33
35
665–699
14
15
17
19
21
23
25
27
29
31
33
35
700–734
14
16
18
20
22
24
26
28
30
32
34
36
735–769
14
16
18
20
22
24
26
28
30
32
34
36
770–804
15
17
19
21
23
25
27
29
31
33
35
37
805–839
15
17
19
21
23
25
27
29
31
33
35
37
840–874
16
18
20
22
24
26
28
30
32
34
36
38
875–909
16
18
20
22
24
26
28
30
32
34
36
38
910–944
17
19
21
23
25
27
29
31
33
35
37
39
945–979
17
19
21
23
25
27
29
31
33
35
37
39
980–1014
18
20
22
24
26
28
30
32
34
36
38
40
1015–1049
18
20
22
24
26
28
30
32
34
36
38
40
1050–1084
19
21
23
25
27
29
31
33
35
37
39
41
1085–1119
19
21
23
25
27
29
31
33
35
37
39
41
1120–1154
20
22
24
26
28
30
32
34
36
38
40
42
1155–1189
20
22
24
26
28
30
32
34
36
38
40
42
1190–1224
21
23
25
27
29
31
33
35
37
39
41
43
1225–1259
21
23
25
27
29
31
33
35
37
39
41
43
1260–1294
22
24
26
28
30
32
34
36
38
40
42
44
1295–1329
22
24
26
28
30
32
34
36
38
40
42
44
1330–1364
23
25
27
29
31
33
35
37
39
41
43
45
1365–1399
23
25
27
29
31
33
35
37
39
41
43
45
1400–1434
24
26
28
30
32
34
36
38
40
42
44
45
1435–1469
25
27
29
31
33
35
37
39
41
43
45
45
1470–1504
26
28
30
32
34
36
38
40
42
44
45
45
1505–1539
27
29
31
33
35
37
39
41
43
45
45
45
1540–1574
28
30
32
34
36
38
40
42
44
45
45
45
1575–1609
29
31
33
35
37
39
41
43
45
45
45
45
1610–1644
30
32
34
36
38
40
42
44
45
45
45
45
1645–1679
31
33
35
37
39
41
43
45
45
45
45
45
1680–1714
32
34
36
38
40
42
44
45
45
45
45
45
1715–1749
33
35
37
39
41
43
45
45
45
45
45
45
1750–1784
34
36
38
40
42
44
45
45
45
45
45
45
1785–1819
35
37
39
41
43
45
45
45
45
45
45
45
1820–
36
38
40
42
44
45
45
45
45
45
45
45
SCHEDULE 2 
(Subsection 330(2))
SCHEDULE I 
(Subsection 12(2))
Table of Weeks of Benefits
Regional Rate of Unemployment
Number of hours of insurable employment in qualifying period
6% and under
More than 6% but not more than 7%
More than 7% but not more than 8%
More than 8% but not more than 9%
More than 9% but not more than 10%
More than 10% but not more than 11%
More than 11% but not more than 12%
More than 12% but not more than 13%
More than 13% but not more than 14%
More than 14% but not more than 15%
More than 15% but not more than 16%
More than 16%
420–454
26
28
30
32
455–489
24
26
28
30
32
490–524
23
25
27
29
31
33
525–559
21
23
25
27
29
31
33
560–594
20
22
24
26
28
30
32
34
595–629
18
20
22
24
26
28
30
32
34
630–664
17
19
21
23
25
27
29
31
33
35
665–699
15
17
19
21
23
25
27
29
31
33
35
700–734
14
16
18
20
22
24
26
28
30
32
34
36
735–769
14
16
18
20
22
24
26
28
30
32
34
36
770–804
15
17
19
21
23
25
27
29
31
33
35
37
805–839
15
17
19
21
23
25
27
29
31
33
35
37
840–874
16
18
20
22
24
26
28
30
32
34
36
38
875–909
16
18
20
22
24
26
28
30
32
34
36
38
910–944
17
19
21
23
25
27
29
31
33
35
37
39
945–979
17
19
21
23
25
27
29
31
33
35
37
39
980–1014
18
20
22
24
26
28
30
32
34
36
38
40
1015–1049
18
20
22
24
26
28
30
32
34
36
38
40
1050–1084
19
21
23
25
27
29
31
33
35
37
39
41
1085–1119
19
21
23
25
27
29
31
33
35
37
39
41
1120–1154
20
22
24
26
28
30
32
34
36
38
40
42
1155–1189
20
22
24
26
28
30
32
34
36
38
40
42
1190–1224
21
23
25
27
29
31
33
35
37
39
41
43
1225–1259
21
23
25
27
29
31
33
35
37
39
41
43
1260–1294
22
24
26
28
30
32
34
36
38
40
42
44
1295–1329
22
24
26
28
30
32
34
36
38
40
42
44
1330–1364
23
25
27
29
31
33
35
37
39
41
43
45
1365–1399
23
25
27
29
31
33
35
37
39
41
43
45
1400–1434
24
26
28
30
32
34
36
38
40
42
44
45
1435–1469
25
27
29
31
33
35
37
39
41
43
45
45
1470–1504
26
28
30
32
34
36
38
40
42
44
45
45
1505–1539
27
29
31
33
35
37
39
41
43
45
45
45
1540–1574
28
30
32
34
36
38
40
42
44
45
45
45
1575–1609
29
31
33
35
37
39
41
43
45
45
45
45
1610–1644
30
32
34
36
38
40
42
44
45
45
45
45
1645–1679
31
33
35
37
39
41
43
45
45
45
45
45
1680–1714
32
34
36
38
40
42
44
45
45
45
45
45
1715–1749
33
35
37
39
41
43
45
45
45
45
45
45
1750–1784
34
36
38
40
42
44
45
45
45
45
45
45
1785–1819
35
37
39
41
43
45
45
45
45
45
45
45
1820–
36
38
40
42
44
45
45
45
45
45
45
45
SCHEDULE 3 
(Section 331)
SCHEDULE V 
(Subsection 12(2.‍3))
Table of Weeks of Benefits — Seasonal Workers
Number of hours of insurable employment in qualifying period
Regional Unemploy­ment Rate
6% and under
More than 6% but not more than 7%
More than 7% but not more than 8%
More than 8% but not more than 9%
More than 9% but not more than 10%
More than 10% but not more than 11%
More than 11% but not more than 12%
More than 12% but not more than 13%
More than 13% but not more than 14%
More than 14% but not more than 15%
More than 15% but not more than 16%
More than 16%
420–454
19
19
19
21
23
25
27
29
31
33
35
37
455–489
19
19
19
21
23
25
27
29
31
33
35
37
490–524
19
19
20
22
24
26
28
30
32
34
36
38
525–559
19
19
20
22
24
26
28
30
32
34
36
38
560–594
19
19
21
23
25
27
29
31
33
35
37
39
595–629
19
19
21
23
25
27
29
31
33
35
37
39
630–664
19
20
22
24
26
28
30
32
34
36
38
40
665–699
19
20
22
24
26
28
30
32
34
36
38
40
700–734
19
21
23
25
27
29
31
33
35
37
39
41
735–769
19
21
23
25
27
29
31
33
35
37
39
41
770–804
20
22
24
26
28
30
32
34
36
38
40
42
805–839
20
22
24
26
28
30
32
34
36
38
40
42
840–874
21
23
25
27
29
31
33
35
37
39
41
43
875–909
21
23
25
27
29
31
33
35
37
39
41
43
910–944
22
24
26
28
30
32
34
36
38
40
42
44
945–979
22
24
26
28
30
32
34
36
38
40
42
44
980–1014
23
25
27
29
31
33
35
37
39
41
43
45
1015–1049
23
25
27
29
31
33
35
37
39
41
43
45
1050–1084
24
26
28
30
32
34
36
38
40
42
44
45
1085–1119
24
26
28
30
32
34
36
38
40
42
44
45
1120–1154
25
27
29
31
33
35
37
39
41
43
45
45
1155–1189
25
27
29
31
33
35
37
39
41
43
45
45
1190–1224
26
28
30
32
34
36
38
40
42
44
45
45
1225–1259
26
28
30
32
34
36
38
40
42
44
45
45
1260–1294
27
29
31
33
35
37
39
41
43
45
45
45
1295–1329
27
29
31
33
35
37
39
41
43
45
45
45
1330–1364
28
30
32
34
36
38
40
42
44
45
45
45
1365–1399
28
30
32
34
36
38
40
42
44
45
45
45
1400–1434
29
31
33
35
37
39
41
43
45
45
45
45
1435–1469
30
32
34
36
38
40
42
44
45
45
45
45
1470–1504
31
33
35
37
39
41
43
45
45
45
45
45
1505–1539
32
34
36
38
40
42
44
45
45
45
45
45
1540–1574
33
35
37
39
41
43
45
45
45
45
45
45
1575–1609
34
36
38
40
42
44
45
45
45
45
45
45
1610–1644
35
37
39
41
43
45
45
45
45
45
45
45
1645–1679
36
38
40
42
44
45
45
45
45
45
45
45
1680–1714
37
39
41
43
45
45
45
45
45
45
45
45
1715–1749
38
40
42
44
45
45
45
45
45
45
45
45
1750–1784
39
41
43
45
45
45
45
45
45
45
45
45
1785–1819
40
42
44
45
45
45
45
45
45
45
45
45
1820–
41
43
45
45
45
45
45
45
45
45
45
45
ANNEXE V 
(paragraphe 12(2.‍3))
Tableau des semaines de prestations — travailleurs saisonniers
Nombre d’heures d’emploi assurable au cours de la période de référence
Taux régional de chômage
6 % et moins
Plus de 6 % mais au plus 7 %
Plus de 7 % mais au plus 8 %
Plus de 8 % mais au plus 9 %
Plus de 9 % mais au plus 10 %
Plus de 10 % mais au plus 11 %
Plus de 11 % mais au plus 12 %
Plus de 12 % mais au plus 13 %
Plus de 13 % mais au plus 14 %
Plus de 14 % mais au plus 15 %
Plus de 15 % mais au plus 16 %
Plus de 16 %
420–454
19
19
19
21
23
25
27
29
31
33
35
37
455–489
19
19
19
21
23
25
27
29
31
33
35
37
490–524
19
19
20
22
24
26
28
30
32
34
36
38
525–559
19
19
20
22
24
26
28
30
32
34
36
38
560–594
19
19
21
23
25
27
29
31
33
35
37
39
595–629
19
19
21
23
25
27
29
31
33
35
37
39
630–664
19
20
22
24
26
28
30
32
34
36
38
40
665–699
19
20
22
24
26
28
30
32
34
36
38
40
700–734
19
21
23
25
27
29
31
33
35
37
39
41
735–769
19
21
23
25
27
29
31
33
35
37
39
41
770–804
20
22
24
26
28
30
32
34
36
38
40
42
805–839
20
22
24
26
28
30
32
34
36
38
40
42
840–874
21
23
25
27
29
31
33
35
37
39
41
43
875–909
21
23
25
27
29
31
33
35
37
39
41
43
910–944
22
24
26
28
30
32
34
36
38
40
42
44
945–979
22
24
26
28
30
32
34
36
38
40
42
44
980–1014
23
25
27
29
31
33
35
37
39
41
43
45
1015–1049
23
25
27
29
31
33
35
37
39
41
43
45
1050–1084
24
26
28
30
32
34
36
38
40
42
44
45
1085–1119
24
26
28
30
32
34
36
38
40
42
44
45
1120–1154
25
27
29
31
33
35
37
39
41
43
45
45
1155–1189
25
27
29
31
33
35
37
39
41
43
45
45
1190–1224
26
28
30
32
34
36
38
40
42
44
45
45
1225–1259
26
28
30
32
34
36
38
40
42
44
45
45
1260–1294
27
29
31
33
35
37
39
41
43
45
45
45
1295–1329
27
29
31
33
35
37
39
41
43
45
45
45
1330–1364
28
30
32
34
36
38
40
42
44
45
45
45
1365–1399
28
30
32
34
36
38
40
42
44
45
45
45
1400–1434
29
31
33
35
37
39
41
43
45
45
45
45
1435–1469
30
32
34
36
38
40
42
44
45
45
45
45
1470–1504
31
33
35
37
39
41
43
45
45
45
45
45
1505–1539
32
34
36
38
40
42
44
45
45
45
45
45
1540–1574
33
35
37
39
41
43
45
45
45
45
45
45
1575–1609
34
36
38
40
42
44
45
45
45
45
45
45
1610–1644
35
37
39
41
43
45
45
45
45
45
45
45
1645–1679
36
38
40
42
44
45
45
45
45
45
45
45
1680–1714
37
39
41
43
45
45
45
45
45
45
45
45
1715–1749
38
40
42
44
45
45
45
45
45
45
45
45
1750–1784
39
41
43
45
45
45
45
45
45
45
45
45
1785–1819
40
42
44
45
45
45
45
45
45
45
45
45
1820–
41
43
45
45
45
45
45
45
45
45
45
45
SCHEDULE VI 
(Paragraph 12(2.‍3)‍(b))
Regions for the Purpose of Benefits for Seasonal Workers
Interpretation
1 The definitions in this section apply in this Schedule.
Census Agglomeration for the purposes of section 4 means a census agglomeration within the meaning of the Statistics Canada document entitled Standard Geographical Classification (SGC) 1996 and for the purposes of sections 5 and 7 means a census agglomeration within the meaning of the Statistics Canada document entitled Standard Geographical Classification (SGC) 2011.‍ (agglomération de recensement)
Census Division means a census division within the meaning of the Statistics Canada document entitled Standard Geographical Classification (SGC) 1996.‍ (division de recensement)
Census Metropolitan Area means a census metropolitan area within the meaning of the Statistics Canada document entitled Standard Geographical Classification (SGC) 1996.‍ (région métropolitaine de recensement)
Census Subdivision for the purposes of sections 4 and 6 means a census subdivision within the meaning of the Statistics Canada document entitled Standard Geographical Classification (SGC) 1996 and for the purposes of sections 5 and 7 means a census subdivision within the meaning of the Statistics Canada document entitled Standard Geographical Classification (SGC) 2011.‍ (subdivision de recensement)
Regions
Quebec
2 (1) The region of Gaspésie — Îles-de-la-Madeleine, consisting of Census Division Nos. 1 to 8 and 98.
(2) The region of Central Quebec, consisting of
(a) those portions of Census Division Nos. 21 and 22 that are not part of the Census Metropolitan Area of Quebec City;
(b) those portions of Census Division Nos. 37 and 38 that are not part of the Census Metropolitan Area of Trois-Rivières;
(c) those portions of Census Division Nos. 41, 42, 44 and 45 that are not part of the Census Metropolitan Area of Sherbrooke;
(d) those portions of Census Division Nos. 52, 60, 75 and 76 that are not part of the Census Metropolitan Area of Montréal;
(e) the portion of Census Division No. 82 that is not part of the Census Metropolitan Area of Ottawa — Hull; and
(f) Census Division Nos. 31 to 36, 39, 40, 48, 49, 50, 51, 53, 61, 62, 63, 77, 78, 80 and 90.
(3) The region of North Western Quebec, consisting of Census Division Nos. 79, 83 to 89 and 99.
(4) The region of Lower Saint Lawrence and North Shore, consisting of
(a) the portion of Census Division No. 94 that is not part of the Census Metropolitan Area of Chicoutimi — Jonquière; and
(b) Census Division Nos. 9 to 18, 28, 91, 92, 93, 95, 96 and 97.
(5) The region of Chicoutimi — Jonquière, consisting of the Census Metropolitan Area of Chicoutimi — Jonquière.
Nova Scotia
3 (1) The region of Eastern Nova Scotia, consisting of
(a) Census Division Nos. 13 to 18; and
(b) the portion of Census Division No. 9 that is not part of the Census Metropolitan Area of Halifax.
(2) The region of Western Nova Scotia, consisting of Census Division Nos. 1 to 8, 10, 11 and 12.
New Brunswick
4 (1) The region of Madawaska — Charlotte, consisting of
(a) the portion of Census Division No. 2 that is not part of the Census Metropolitan Area of Saint John;
(b) Census Division Nos. 11, 12 and 13; and
(c) Census Subdivision Nos. 1310004, 1310005, 1310006, 1310007, 1310008, 1310011, 1310012, 1310013, 1310014, 1310016, 1310021, 1310024, 1310025 and 1310054.
(2) The region of Restigouche — Albert, consisting of
(a) Census Division Nos. 8, 9, 14 and 15;
(b) Census Subdivision Nos. 1303014 and 1303018;
(c) the portion of Census Division No. 4 that is not part of the Census Metropolitan Area of Saint John;
(d) the portion of Census Division No. 6 that is not part of the Census Agglomeration of Moncton;
(e) Census Subdivision Nos. 1307001, 1307002, 1307004, 1307005, 1307007, 1307008, 1307009, 1307011, 1307012, 1307013, 1307014, 1307016, 1307024, 1307029 and 1307052; and
(f) Census Subdivision Nos. 1310036 and 1310037.
Prince Edward Island
5 (1) The region of Charlottetown, consisting of the Census Agglomeration of Charlottetown.
(2) The region of Prince Edward Island, consisting of all Census Subdivisions that are not part of the Census Agglomeration of Charlottetown.
Newfoundland/Labrador
6 The region of Newfoundland/Labrador, consisting of
(a) Census Subdivision Nos. 01557 and 01559 and the portion of Census Division No. 1 that is not part of the Census Metropolitan Area of St. John’s; and
(b) Census Division Nos. 2, 3, 4, 5, 6, 7, 8, 9 and 10.
Yukon
7 The region of Yukon, consisting of all Census Subdivisions that are not part of the Census Agglomeration of Whitehorse.
SCHEDULE 4 
(Section 359)
SCHEDULE 
(Paragraphs 8(2)‍(b) and (7)‍(b) and 12(5)‍(a))
Insurable Earnings Entrance Requirement for Fishers
Column 1
Column 2
Item
Regional Rate of Unemployment (%)
Insurable Earnings ($)
1
over 13
2,500
2
more than 12 but not more than 13
2,700
3
more than 11 but not more than 12
2,900
4
more than 10 but not more than 11
3,200
5
more than 9 but not more than 10
3,400
6
more than 8 but not more than 9
3,600
7
more than 7 but not more than 8
3,800
8
more than 6 but not more than 7
4,000
9
6 and under
4,200
Publication Explorer 
Publication Explorer 
ParlVU